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XLII.
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& SON,
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E I)l'fOl
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outte.^ 1 forenoon, and three iu the afternoon, at
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be'umlication will be made to the Court
Notice ' lia ‘ ! , sell Land or Negroes, must
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u. hed for TWO ■ . .
be P n “ 1,: , , r Letters of Administration must be
^ditirtg days—tor Dismission from Admin-
inuntlis—for Dismission from
‘’“■"jiniKbiP ' ll "d s '
G" sr f 0 r foreclosure of Mortgage must be pub-
«(*/# for four months—for establishing lost
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' f r iiu 'full sillier, of three months—for compel-
|>'' l P o: .y . •pspeutorsand Administrators, where
lingt'.tle- 11 - . , j a .L-r-.i,
iveu bv the deceased, the full space
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<'J'"V'.-atiotiswill always be continued according to
tl ’se the le*ml requirements, unless otherwise or-
iere,i ' ,: ness in the line of PRINTING will meet with
AIH"
attention a'
the Recorder Office.
RABUN 8o SMITH,
Factors and Commission Merchants,
SAVANNAH, GEORGIA.
Order* far Banging, Rope, and other family
supplies promptly attended to.
July 24, ishh^
30 6m
RIVERS & STANLEY,
ATTORNEYS at law,
IKWINTON, GA.
TV' 1 nractice in the Ocmulgee and Southern
r; " a ;'.‘ JONA. RIVERS,
AnrilklSM. 15 ROLIN A. STANDBY.
“f. g. ITana,
late HAN’a & WASHBURN)
&
SAY ASSAM, GEORGIA.
I CONTINUE the above business at the old stand
of DAK A A WASHBURN, 114 Bay Street, and
am prepared to make liberal advances on all produce
totuigned to my care.
August 7, I860 23 26t
NEW LAW FIRM.
BtlHERFORI) & HARRIS,
MACON, GA.
IUILL practice Law in Bibb and adjoining
It counties, and in the United States Court at
Savannah and Marietta.
—ALSO—
In my comity in the State by Special contract.
JouvEhthiKroi.tr. Charles J. Harris.
March 101860. lltf.
JONES'<3z> WAY, "
(Successors to WAY & TAYLOR,)
S it COMMISSION' MERCHANTS,
CULVER DAY AND DRAYTON STREETS,
SAVAN N AH, QA-
jcujosrs, c.R.war.
, Pnticularattention paid to selling Cotton, Rice,
Core,Flour, Bacon and Produce generally'.
Liberal advances made on consignments.
July 12. ISij'J 28 tf
& SPARKS,
HOUSE
m COMMISSION MERCHANTS
IvIeiooii, G-eo.
WILL GIVE prompt attention
to all business committed to their
charge and hope to receive a liberal
hereof patronage.
THOS. HARDEMAN, Sen.,
. OVID G. SPARKS.
m «mh,August21, I860 34 ly
ISAAC C. WEST & CO.,
AGENTS PLANTERS’ CONVENTION,
&tral Commission Merchants,
S.41 'ANNA H G EORGIA.
COMMISSIONS—Fifty Cents per Bale for Cotton.
1 f WEST.
Ac ?ust 14,1,^0
A. R. RALSTON.
33 6m
Tailoring Establishment.
rpHE SUBSCRIBER
JL is now receiving
Lis stock of
Pall and Winter
•S W N® 'US 1
and flatters himself that
lie can please all tastes
in bis selections of
CLOTHS,
fciiiieres, cfco.
a<Je to order, with NEATNESS and
ial and be your own judge.
THOMAS BROWN.
■ Sept. 25, IftHIO 39 tf
Tailoring.
<T. C. SPERLING-,
thankful for past favors, would in
form his old fi iends and customers,
that he is still at Lis business, and
• ■'in be found next door to the Re
corder Office. His fits a«d
work, warranted to give
satisfaction-
September "45,1860 39 tf
lllr ) ami Fireman’s Hat and Cap
manufacturer.
M LENTZ, MilledgcAiUe, Ga.. is
gg now prepared to till any order in his
A ! ue of business. The Dress Caps of
the Governor's Horse Guard, is a spe
IV,„, < ’T n °f B's workmanship.
H.VTs 1 at,, ‘ ut >on given to renovating OLD
iH^ev‘]le,No v . jr., |«((0 47 tf
“^lER & WILSON’S
SEWING machines.
' !K deduced *5 to $10 on each,
AND
^FMMER included.
X {i iiixes warranted one year.
&re 4t a
ventra l Agency for the State
•‘tbiues of all kinds repaired by—
1 J- JOHNSTON & Co.,
Matchmakers and jewelers
Ha
b ^Uib,
CON,
T 4, IrKiO *
49 tf
MILLEDGEVILLE, GEORGIA, TUESDAY, JANUARY 15, 1861.
CRUDITIES OS THE CONSTITUTION.
The Difficulties that Surround Is.
The subjoined article from the Boston
Post, is interesting for the historical facts
it tecalls, aud the forcible mauuerin which
it sets forth the duties and powers of the
i resident, uuder the constitution, as appli
cable to the present threatening condition
of the country :
Certain people at the North will iusist
that the United States government is
military despotism, and that President
Buchanan has all the powers of the Shah
of Persia to seize and imprison, and hang
men at his pleasure. Thus the republican
presses are demanding of the President
that lie shall seize commissioners from
South Caiolina, and try them for treason.
If you ask them what is treasou, they can’t
tell, hut they insist that the President
ought to hang somebody, because Parton,
iu w hat lie calls his “Lite of Andrew Jack-
son,” (compiled too much from street talk
and newspaper slanders,) sets it down that
Gen. Jackson proposed to hang Mr. Cal
houn for nullification, which is false. No
citizen can be punished or deprived if life
or liberty iu this country without due pro
cess of law.
Massachusetts contrived the Hartford
convention in the war of 1S14 to set up a
northern confederation, aud South Caroliua
has got up a secession convention to pre
cipitate the slaveholding States into
southern confederation.
Massachusetts, in 1814, sent two ambas
sadors of the Hartford convention to
Y\ ashington to demand of President Madi
son the separation of New England from
the Union, in carrying on the war. Wil
liam Sullivan and Harrison Gray Otis
were the commissioners. Mr. Madison
did not propose fo hang them. But,
Mr. John Quincy Adams says, of the peace
of Ghent, and news of which came while
the commissioners were at Washington,
“the interposition of a kind Providence
averted the most deplorable of catastroplis”
—the establishment of a northern conf’ede-
acy.”
South Carolina now follows the exam
ple of Massachusetts by sending her com
promisers to President Buchanan, and
President Buchanan is abused by Massa
chusetts in particular pecausc he won’t
hang them for treasou withut judge or
jury ?
Now let us inquire wliati treason is, and
what the constitution says about seizing
and hanging people in this country. The
constitution of the United States say’s:
“Treason against the United Utates shall
consist only in levying war against them,
or in adhering to their enemies, giving
them aid and comfort.”
This last applies only to aiding a for
eign enemy and giving them comfort, as
the Hartford convention did in 1814.
The United States not being at war,
treason now can consist only is levying war
upon the U nited States, and the constitu
tion says there must he some overt act,
proved by two wilness. And what is levy
ing war is thus defined by the Supreme
Court in the United States vs. Aaron Burr:
“To levy war is to raise, create make or
cary on war. War can be levied only by
the employment of actual force—troops
must me embodied, men must be openly
raised,” Ac. And the purpose must he
to make war on the United States. Thus
“to march in arms with a force marshaled
and arrayed, committing acts of violence
and devastation, in order to compel the
resignation of a public officer, or to render
ineffective an act of Congress, is high trea
son,” says Chief justice Marshall.
That was the nature of the offence
which Theodore Parker, Wendell Phillips,
and their associates were charged with
when they incited the mob in Eaueuil Hall
to go to the court house and rescue Burns,
the fugitive slave, in which unlawful en
terprise Batchelder, one of the marshal’s
deputies, was murdered. Aud here again
South Carolina is only following this ex
ample of Massaciiusetts in the attack upon
the forts, if she has really used military
force to take them. That is treason in
the men who committed and incited the
act, unless South Carolina has a right to
secede from the Union. But it is not trea
son iu the State, for a Slate cannot com
mit treason. It is only treason in the indi
viduals who commit the overt art. And
if jit he treason or misdemeanor, where is
the authority of the President to seize or
hang anybody, as the republicans are in
sisting he ought to do, and charge him
with being a traitor for not doing it ? The
constitution i6 very plain on this point. It
reads thus:
“The trial of all crimes shall be by ju
ry, and such trial shall be held in the
Slate where the said crime shall have been
committed.”
“No person shall he held to answer for
a erinie unless on a presentment or indict
ment of a grand jury, nor he deprived ef
life, liberty or property without due pro
cess of law.”
Aud “the accused shall enjoy the right
to a public trial by an impartial jury of
the State where the crime has been com
mitted.” These are the limitations of that
despotism which certain people so incon
siderately claim uow-a-days for the Presi
dent. . ,
If any citizen or body of men in boutli
Carolina have levied war against the Uni
ted States they cannot be arraigned or
tried for it any where but in South Caro
lina. There must first be an indictment
found by a grand jury in South Carolina.
There must be a District Attorney to pre
pare and attest the indictment. There
must be a court to receive it and arraign
the prisoner, and a jury to tiy him.
This last was the protection which Par
ker and Phillips and their associates found
when they were indiated for what they
called “free speech.” in connection with
the murder of Baclieldcr, and the obstruc
lion ef the laws of the United States for
the rendition of fugitive slaves. The Pres
blent could not seize them, nor could they
be tried anywhere but in Massachusetts ;
and though there were all the officers of
law here and a grand jury iudicted them,
they escaped a trial and got off upon a
very small technicality, which was, that
the commissioner who issued his warrant
of arrest had signed it only as commissioner
without saying what commissioner ; and
the court held that the iudictment. howev
er drawn, could not supply this deficiency,
because it could not go beyond the de
scription in the warrant.
Just so President Buchanan has no> pow
er to seize or arraign or try auybody iu
Washington or anywhere else. If tliere
have been acta of treasou, they have been
committed only in South Carolina. The
parties charged must be tried in that State
by a jury of the State. There is no Uni
ted States marshal to arrest them, no dis
trict attorney to indict them, no grand ju
ry to find a bill, no court to arraign and
no jury to try them. How then are the
steps to he taken which the constitution
demands iu every case of alleged crime?
And it there were all the officers of the
court and juries, everybody knows that a
court in South Carolina would hold that
the right of secession absolved the party
accused from his liability to the laws of
the United States, and no jury would con
vict.
Jt would be the same in Massachusetts,
tf. under the personal liberty bill, a fugi
tive fiom labor should be taken before a
jury to be tried. No Massachusetts jury
could bo found to agree that be was a fu
gitive slave. Thus it is obvious that Mas
sachusetts and South Carolina stand in the
same category of disuuion and secession,
so long as these laws remain on her stat
ute book, and so long as her people resist
and refuse to execute the laws of the Uni
ted States within her borders.
But it is said, suppose the Judges and
all the United States officers have resign
ed iu South Carolina, why don’t President
Buchanan supply the vacancies 1 But
what then ? He could find no men in
South Carolina to accept the offices, and
the law requires that they shall be ap
pointed in the District. Even if lie sent
Northern men there they would not be al
lowed to act, and if they were resisted,
then it comes back to just where we star
ted lrom ; those who resisted must be in
dicted and tried by a court and jury in the
State.
If men of sense would look at the facts
aud law, and read the constitution, they
would see the practical difficulties in the
way of the summary process with which
they require the President to deal with
existing difficulties. He can only move
the constitutional machineiy of govern
ment in executing the laws. If the ma
chinery is all broken up in a State, be
cannot invade a State, or send an army
there, to enforce martial law, unless the
Governor or legislature call upon him to
suppress insurrection or domestic violence.
He can send troops to the forts, and if the
commissioners of South Carolina require
him to order troops to one or another
fort, they assume what does not belong to
them. The President, as commander in
chief, is to judge for himself of the expe
diency ; and on this point he should insist,
and yield to no threats from South Caroli
na, or any body, if they are made. It is
this question of expediency as to reinfor
cing the forts at Charleston which the
President has gravely considered.
If Major Anderson has solved the diffi
culty without bloodshed, so much the bet
ter. Of what avail would United States
troops have been there if sent, as they
must have been, when their presence
would have brought on a bloody conflict ?
If any were sent in such a crisis, an army
should have been sent sufficient to conquer
South Carolina, aided as she would be,
the moment blood was shed, by the sym
pathizing States. That would have been
civil war. The President did not bring on
this “irrepressible conflict,” and will en
deavor to avoid staining his hands with
the blood of his fellow-citizens in a fratri
cidal war. It is his purpose (and he will
prove the true patriot and Christian if he
succeeds in doing it) to leave his high of
fice without a drop of blood having been
needlessly’ shed in this awfully impending
battle of the States.”
Mr. Uincoln will then take the respon
sibility, and be lias four years iu which to
carry out his policy. If he means peace
and union he will recommend concession
and compromise, and a restoration of the
fraternal relations of all the States, and
endeavor to shed no blood to madden the
whole country.
In the meantime, Mr. Buchanan must
bear all the unreasoning assaults made
upon him, until reason shall resume her
sway and justify the only peace policy
that could save a civil war, if indeed any
policy can do it. But really it is not so
small a tiling as some people think to sac
rifice millions of Ikes in the attempt of
one section of the country to conquer an
other section of the country and preserve
the Union, as they call it, by bathing it
in seas of blood and carnage. Let us
pause a little while, study the constitution,
arid reflect.
feeling of extreme indignation toward the
North, which has been produced in a great
measure by the abuse of the South, pour
ed forth in speeches and letters by the more
extreme of our politicians. But it is a
great mistake to suppose that these repre
sent the feelings of the masses iu the North,
even in New England. Every man of
common sense knows that the abolition
of slavery, if desirable, is an utter impos
ibilitj, and there is no such thing as a gen
eral hatred of the South. It is true that
there is a party of fanatical philanthropists
who make a great noise, aud are iu fact
willing to meet disunion, who do not repre
seat the actnal feeling of the masses, al
though, owing to the chaotic state of polit
ical parties, they may appear to do so; but
in this respect it is evident that a great re
action is taking place.
I was a member of Congress in 1832 and
in 1833 when South Carolina was ready
for secession, and I then made up my mind
that Messrs. Calhoun, Hayne, McDuffie,
&c. were desirous of a separation of the
slave Sates into a separate Confederacy, as
more favorable to the security of slave prop
ertv. This opinion has evidently been the
leading principal of action in your own
State, as avowed by Mr. Rlielt, to the pres
ent day; aud it is apparent that it has made
numerous converts in the neighboring
States. It is evident that great exertions
have been made to make it believe that
other advantages will be obtained by these
States in a separate Confederacy, so as to
constitute them a great and powerful na
tion.
I cannot but think this is a great mis
take. It would make no decided change in
the natural condition of the two parts.—
Planting States cannot be converted into
commercial communities; they can neither
build ships nor man them. The union of
the North with the South is the most natu
ral and beneficial that can be. There is
no “irrepressible conflict” between them.
YVliat can be more advantageous that the
intercourse between South Carolina aud
Massachusets ? You furnish us with cot
ton, which wc manufacture, and supply
you with many wholesome “notions.”—
But to my thinking, madness rules the hour.
It seems a settled fact that South Caroliua
will secede at once, and I suppose there is
scarcely a doubt that Georgia, Alabama,
Mississippi, and Florida will follow; but
these five States will make a miserable fig
ure as n nation. The calculation is no doubt
that Virginia and the other Border States
will eventually join them. This, to my
mind, is the real danger, and but too proba
ble. I look on it with dismay. On the snp
position that it can bo accomplished with
out bloodshed, it will be roost injurious to
both parties. I believe the South will suf-
fer the most, but that is poor consolation to
the North. And what does the South
gain ? By secession she gives up the point
iu dispute—the right to carry slaves into
the Territories and also the restoration of
fugitive slaves. It cannot be long before
it would lead to a deadly civil and prob
ably a servil war. What a breaking up of
family and social ties! I sincerely hope
and trust it may not reach yours or mine,
and, in that belief, subscribe myself your
sincere friend.
NATHAN APPLETON.
TnE TOPICS OF THE DJY
The subjoined letter, from the pen of an
eminent citizen of Boston, (Mass.) was ori
ginally addressed to a gentleman of
Charleston, South Carolina, and is repro
duced in our columns in tribute to the high
character of the writer and the practical
force of his suggestions, the fruit of a long
and useful life:—Nat. Int.
Boston, December 15, I860.
My Dear Sir: I have received the
Charleston Daily Courier, containing your
son’s letter on the secession of South Car
olina.
The presant state of things is to me
most distressing. It is sad to see this pow
erful, glorious nation, in the midst ofunpar
alleled prosperity, shattering itself into
fragments, aud all out of an impracticable
idea, a nonentity, connected with the insti
tution of slavery. We of the North, es
pecialy of Massachusetts, are much to
blame ; but the opinions of the South in
in relation to us are altogether mistaken,
and the existing state of things lias arisen
directly from the act of the South. The
abolition party in this State were a mere
fragment, of no consideration. U nder the
compromise of 1850 we were iu a state of
perfect quiet and repose, when the fataj
measures of the repeal of the Missouri
compromise and the passage of the Kansas-
Nebraska bill at once changed the face
of affairs. It was a firebrand thrown
amongst combustibles. It was made to be
considered a violent aggression on the part
of the South It killed off the Whig party
and eventually the Democratic. Many of
our best men, most conservative friends of
the Union under the Constitution, joined
the Republican party, and the abolitionists
were eua*bl®d to bold up tbeir beads’ and
were even allowed in many cases to take
the lead in measures and to otter freely
their diatribes against slavery in the ab
stract. At the same time I have uo hesi
tation in saying that the great body of
the people are perfectly sound attached to
lb. Uni.., «ad iMdj.to « «»d«
the Constitution. It » evident^ teat the
South is iu • state of great excitement, a
Opinions of the Press.
The Alabama State Sentinel presents to
its readers the following arguments in op
position to the secession of Alabama from
the Union and the formation of a separate
government. The editor of the Sent inti
lias long been a leading Democrat of that
State, and in the late contest supported
Douglas :
“Gur friends would dissolve the Union
because Lincoln is elected.
“They would dissolve it because we can
not get an equal share in the territories.
“Would a dissolution briug back the
territory ?
“But our slaves escape to the North.
“Well we have a fugitive slave law,
United States Courts, Commissioners aud
Marshals.
“But they wou’t enforce the law.
“But they do enforce in some, iu many
cases.
“But they ought to enforce in all cases.
“So they ought, but what then ?
“Why, dissolve she Union.
“Dissolve the Union, and you dissolve
the fugitive slave law. Do this, and you
convert every State into a Canadian prov
ince. You could not of right demand your
slaves in Arkansas. When did you ever
recapture a slave from Canada or Mexico.
“Now turn to the map of the United
States. Look at the situation ot Delaware
and Maryland. What is to prevent their
slaves from going to Pennsylvania and New
Jersey. Turn to Virginia and Kentucky,
Ohio, Indiana and Illinois. The river is
frosen in winter. It is dry or shallow in
summer. A man can swim it, cross it in a
boat, on a plank, a raft, or on a log, at any
season.
“Look at Missouri, Arkansas and Texas,
particularly Missouri. There is Illinois on
the eas f , Iowa on the north, and Kansas
on the west, all free States. Dissolve the
Union, and they become to Missouri, each
of themforeign governmenta, precisely such
as Canada aud Mexico, where your slave,
once he enters, had as well be dead or free.
In the Union as things remain, the slave
knows he is liable to be pursued and
brought back, and will not hazard the at
tempt to escape. Out of the Union, aud
he soon learns that every farm house, eve
ry hamlet and village is a city of refuge,
and beyoud question go any length to get
over tbe line.
“Here are five States in this condition.
They cannot dispense with the Constitu
tion and the fugitive slave law.
“But wo will form treaties
“Yes, when one can make a bargain and
have things all his own way. We have
treaties with Eugland and Mexico, but
none we know of reached the case. If wa
cannot live together under tbe Constitution
or consent to have the laws enforced, it is
folly to delude ourselves w ith tbe hope of
a treaty for the return of fugitives from
either justice or labor.
“But we will pursue our slaves, if need
be, with a hundred men.
“Yes and they will resist with two hun
dred men.
“Then we will briug five hnndred.
And they will bring a thousand.
“Wbat comes next but an armed inva
sion. and proclamation offering freedom to
slaves? These five States poll nearly
half million, more than two-fifths of the
entire vote of tbe Booth.”
In Stockbridge, Eagiand.thi library of
a diets—d clergyman.arid for <£3. and the
liqaon in hie cellar for oC276,
Correspondence between the President of the
United Stales and the Commissioners of South
Carolina.
The following correspondence was read
in the South Carolina Convention on Fri
day, in secret session, and from which the
injunction of secrecy was removed :
Washington, Dec. 28, i860.
Sir ; We have the honor to transmit to
you a copy of the full powers from the
Convention of the people of South Carolina
under which we are authorized and em
powered to treat with the Government ol
the Uuited States for the delivery Gf the
forts, magazines, light houses, aud other
real estate, with their appurtenances,within
the limits of South Carolina, and also lor
au apportionment of the public debt and lor
a division of all property held by the
Government of the United States, as agent
of the Confederated States, of which South
Carolina was recently a member, and gen
erally to negotiate as to all other measures
and arrangements proper to be made and
adopted in the existing relations of the par
ties, and for the continuance of peace aud
amity between the Commonwealth and the
government at Washington.”
In the execution of this, it is our
duty to furnish you. as we now do, with an
official copy of the Ordinance of Secession,
by which the State of South Uaiolina lias
resumed the powers she delegated to the
Government of the United States; and lias
declared her perfect sovereignty and inde
pendence.
It would also have been onr duty to have
informed you that we were ready to nego
tiate with you upon ali such questions as
are necessarily raised by the adoption of
this Ordinance, and that we were prepared
to enter upon this negotiation with the
earnest desire to avoid all unnecessary and
hostile collision, and so inaugurate our
new relations as to secure mutual respect,
general advantage, and a future of good
will and harmony, beneficial to all the par
ties concerned.
But the events of the last twenty-four
hours renders such an assurance impossi
ble. We came here the representatives of
an authority, which could at any time
within the past sixty days have taken pos
session of the forts in Charleston harbor,
but upon pledges given in a manner that we
cannot boubt. determined to trust to your
honor rather than to its own power. Since
our arrival an officer of the United States
acting, as we are assured, not only without
but against your orders has dismantled one
fort and occupied another, thus altering to
a most important extent the condition of
affairs under which we came.
Until these circumstances are explained
in a manner which relieves us of all doubt
as to the spirit iu which these negotiations
shall be conducted, we are forced to sus
pend all discussion as to any arrangements
by which onr mutual interests might be
amicably adjusted.
And, in conclusion, we would urge upon
yon the immediate withdrawal of the
troops from the harbor of Charleston. Un
der present circumstances, they are a stand
ing menace which renders negotiation im
possible, and, our recent experience shows,
threatens speedily to bring to a bloody
issue, questions which ought to be settled
with temperance and judgment.
We have the honor to be,
Very Respectfully, Your ob’t. serv’ts
II. W. Barnwell, 4
J. U. Adams, ; Commissioners.
James L. Orr. )
To the President of the United States.
Washington City, Dec. 30lb, 1860.
Gentlemen • I have had the honor to
receive your communication of 28th inst.,
together with a copy of‘your full powers
of the Convention of the people of South
Carolina,” authoring you to treat with the
Government of the United States on va
rious important subjects therein mentioned
and also a copy of the Ordinance, bearing
date on the 20th inst., declaring that “the
Union now subsisting betwecu South Car
olina and other States, uuder the name of
the United States of America,” is hereby
dissolved.
In answer to this communication, I have
to say, that my position, as President of the
United States, was clearly defined in the
Message to Congress on the 3d instant. Iu
that I stated that, “apart from the-exe
cution of the laws so iar as this may be
practicable, the Executive has no authority
to decide what shall be the relations be
tween the Federal Government and South
Carolina. He has been invested with no
such discretion. He possesses no jower to
change the relations heretofore existing
between them, much less to acknowledge
the independence of that State. This
would be to invest a mere Executive officer
with the power of recognizing the dissolu
tion of the Confederacy among our thirty-
three Sovereign States. It bears uo re
semblance to the recognition of a foreign
dcfacto Government involving no such res
ponsibility. Any attempt to do this would
on his part, be a naked act of usurpation.
It is, therefore, my duty to submit to
Congress the whole question in all its bear
»‘'gs.”
Such is my opinion still. I could there
fore meet you only as private gentlemen of
the highest character, and was entirely
willing to communicate to Congress any
proposition you might have to make to
that body upon the subject. Of this you
were well aware. It was my earnest de
sire that such a disposition might be made
of the whole subject by Congress, wbo
alone possess the power, as to prevent the
inauguration of a civil war between the
parties in regard to the possession of the
Federal forts iu the harbor of Charleston ;
and I therefore deeply regret, that, in your
opinion “the events of the last twenty-four
hours Fenders this impossible.”
In conclusion you urge upon me “the
immediate withdrawal of the troops from
the harbor of Charleston,” stating that “un
der present circumstances they area stand
ing menace which renders negotiation im
possible, as onr recent experience shows,
threatens speedily to bring to a bloody
issue questions which ought to be settled
with temperance andjndgment.”
The reason for this change in your posi
tion is that since your arrival iu Washing
tou, “an officer of the Uuited States, acting
as we (you) are assured not only withont,
bot against your (my) orders, has disman
tled one fort and occupied another, thus
altering to a most important extent the
condition of affairs under which we (yon)
came.” You also allege that you came
here “the Representatives of an authority
which could at any time within the past
sixty days have taken possession of thri
forte iu Charleston harbor, but which upon
pledges given in a manner that we (yon)
cannot doubt determined to trust to your
(my) honor rather than to its power.”-
This brings me to a consideraction of the
nature of those alleged pledges, and in
what manner they have been observed.—
In my Message of the 2d ol December last.
I stated, in regard to the property of tbe
United States in Smith Carolina, that it
“has been purchased for a fair equivalent
bj r tbe couseut of the Legislature of the
State, for the erection of forts, magazines,
arsenals, &c., and over these the authority
to exercise legislation, has been expressly
granted by tbe Constitution to Congress.
It is not believed that an attempt will
be made to expel the United States from
this prtfjierty by force ; but if in this I
should prove to be mistaken the officer iu
command of the forts has received orders
to act strictly on the defensive. In such
a contingency, the responsibility for con
sequences would rightfully rest upon the
beads ot the assailants.”
This being the condition of parties, on
Saturday, Sth Decmnber. four of the Rep
resentatives from South Carolina called on
me, and requested an interview. We had
ail earnest conversation on the subject of
these forts, and the Lest means of prevent
ing a collision between the parties, for the
purpose of sparing the effusion of blood. I
suggested, for prudential reasons, that it
would be best to put in writing what they
said to me verbally. They did so accor
dingly, and on Monday morning, the 10th
inst., three of them presented to me a paper,
signed by all the Representatives from
South Carolina with a single exception, of
which the following is a copy :
“ To His Excellency^ James Jiarlmnan,
President United States :
In compliance with our statement to
you yesterday, we now expresss to you
our strong convictions that neither the con
stituted authorities nor any body of the
people of the State ot South Carolina, will
either attack or molest the United States
forts in the harbor of Charleston previous
ly to the action of the Convention, and we
hope and believe not until ail offer has
been made through on accredited repre
sentative to negotiate lor au amicable ar-
rangment of all matters between the State
and the Federal Government, provided that
no reinforcements shall be sent to those
forts and their relative military status shall
remain as at present.
John McQueen,
h . L. Bonham,
W. W. Boyce.
Laurence M. Kf.itt.
Washington, 9th December, 1S60.”
And here 1 must, in justice to myself,
remark that, at the time the paper was
presented to me, I objected to the word
‘provided,” as it miglit be construed into
an agreement on my party which I never
would make. They said that nothing was
further from their intention—they did not
so understand it, and I should not so con
sider it. It is evident they could enter in
to no reciprocal agreement with me on the
subject. They did not profess to have au
thority to dotliis, and were acting in their
individual character. I considered it noth
ing more in effect than the promise ol high
ly honorable gentlemen to exert their in
fluence for tbe purpose expressed.
The event lias proven that they have
faithfully kept their promise, although I
have never since received a line from any
one of them, or from any member of the
Convention, on the subject. It is well
known it was my determination, and this
I freely expressed, not to reinforce the forts
in the harbor and thus produce a collision,
until they had been actually attacked, or
until 1 bad certain evidence that they were
about to be attacked. Tills paperl receiv
ed most cordially, and considered it as a
happy omen that peace might still be pre
served, and that time might thus bo given
for reflection.- This is the whole foundation
for the alleged pledge. But I acted in the
manner as 1 would have done had I enter
ed into a positive and formal agreement
with parties capable of contracting, al
though such an agreement would have
been on my part, from the nature of
my official duties, impossible. The world
knows that I have never sent any re
inforcements to the forts in Charleston
harbor : and I have certainly never author
ized any change to be made in their mili
tary status. Bearing upon this subject,
I refer you to an order issued by the Sec
retary of War, on the 11th inst., to Major
Anderson, but not brought to my notice
until the 21st. It is as follows :
"Memorandum of Verbal Insti notions to
Major Anderion, 1st Artillery, Comman
ding Purl Moultrie, South Cetrolina :
“You are aware of the great anxiety of
the Secretary of War that a collision of
the troops with the people of this State
shall be avoided, and of liis studied deter
miuation to pursue a course with reference
to the military force and forts in this har
bor which shall guard against such a collis-
He li as, therefore, carefully abstain
These were tbe last instruction^ trans
mitted to Major Anderson before bis re
moval to Fort Snmter, with a single ex'cep-
tien, in regard to a particular which does
not in any degree affect the present ques
tion. Under these circumstances, it is
clear that Major Auderson acted npon his
own responsibility, and without authority,
unless, indeed, be had ‘‘tangible evidence
of a design to proceed to a hostile act” on
the part of the authorities of South Caroli
na, which Iia3 not been alleged. Still he is
a brave and honorable officer, and justice
requires that he should not he condemn
ed without a fair hearing.
Be this as it inay, when I learned that
Major Anderson had left Fort Moultrie and
proceeded to Fort Sumter, my fiist prompt
ings were to command him to return to his
former position, aud there tc await the con
tingencies presented in his instructions.—
This would only have been done with any
degree of safety to the command, by the
concurrence of the South Carolina authori
ties. But before any steps could possibly
have been taken in this direction, we re
ceived information that the “Palmetto flag
floated out to tbe breeze at Castle Pinck
ney, and a large military force went over
last night (the 27th) to Fort Moultrie.”
Thus the authorities of South Carolina,
without waiting or asking for any explan
ations, and doubtless, believing as yon
have expressed it, tbnt the officer had act
ed not only without, but agaiust my or
ders, on the very next day after the night
when the removal was made, seized by a
military force, two of the three Federal
torts in the harbor of Charleston, and cov
ered them under their own flag, instead of
that of the United States. At this gloo
my period of our history, startling events
succeed each other rapidly.
On (he very day, the 27th inst. that
possession ot these two forts was taken, the
Palmetto flag was raised over the Feder
al Custom House and Postofliee in Charles
ton, and on the same day every officer of
the Custom—Collector Naval Officer, Sur
veyor and Appraiser—resigned their offi
ces. And this, although it was well known
from the language ot my Message, that, as
an Executive officer, I felt myself bound
to collect the revenue at the port of
Charleston under the existing laws. In
the harbor of Charleston we now find three
forts confronting each other, over all of
which the Federal flag floated only four
days ago; but now over two of them this
flag has been supplanted, and the Palmetto
flag has been substituted in its stead.
It is under all these circumstances that
I am urge! immediately to withdraw the
troops from the harbor of Charleston, and
am informed that without this, negotiation
is impossible. This I cannot do ; this I
will not do. Such an idea was never
thought of by me in any possible emergen-
gency. No snch allusion bad been made
iu any communication between myself and
any human being. But the inference is,
that I am bound to withdraw the troops
from the only fort remaining in the posses
sion of tbe U. S. in the harbor of Charles
ton, because the officer there in command
of all the forts thought proper, withont in
structions, to chance his position from one
of them to another.
At this point of writing I have received
information by telegraph, from Captain
Humphreys, in command of the Arsenal at
Charleston, that “it has to-day (Sunday,
the 30th,) been taken by force of arms.”
It is estimated that the munitions of war
belonging to the United States in this Ar
senal arc worth half a million of dollars.
Comment is needless. After this infor
mation, I have only to add, that whilst it
is my duty to defend Fort Sumter, as a
portion of the public property of the Uui
ted States, against hostile attacks from
whatever quarter they may come, by such
means as I may pcs-ess for this purpose,
I do not perceive how such a defence can
be construed into a menace against the
city of Charleston.
With great personal regard, I remain
yonrs very respectfully,
JAMES BUCHANAN.
To tbe Hon. Robert Barnwell, James
H. Adams, James L. Orr.
GENERAL SCOTT.
Temporarily in this city, is, we have
seen, the subject of several notices in tbe
newspapers; such as, 1, that he is about to
resign his commission in the army ; 2, that
lie has matured a plan for invading and
conquering any seceding State or States;
and 3, that he is opposed to garrisoning
our Southern forts so as to place them be
yond capture by heated mobs or unauthor
ized squads of volunteers.
w e can say with confidence that there
is not the least truth in any of those ru
mors.— National Intelligencer.
ed from increasing the force at this point,
or taking any measures which might add
to the present excited state of the public
mind, or which would throw any donbt on
the confidence he feels that South Caroii
na will not attempt by violence to obta*n
possession of the public works or interfere
with tbeir occupancy.
“But as the counsel and acts of rash and
impulsive persons may possibly disappoint
these expectations of the Government, he
deems it proper that you should be pre
pared with instructions to meet so unhap
py a contingency. He has th'-refore di
rected me veibilly to give such instruc
tions.
“You are carefully to avoid every act
which would needlessly tend to provoke
aggression, and for that reason yon are not,
withont necessity, to take up any position
which could be construed into tiie assump
lion of a hostile attitude: but you are to
hold possesoion of the forts in this harbor,
and if attacked you are to defend yourself
to the last extremity.
“The smallness of your force will not
permit you, perhaps, to occupy more than
one of the three forts, bat an attack on, or
attempt to take possession of either of
them, will be regarded as an act of hostili
ty, and yon may then put your command
similar steps whenever you have tangible
evidence of a design to proceed to a. boa-
tile act. D. F. Butler, Ast- Adj. Gen.
“Fort Moultrie, S. C., Dec. 11, 18fiQ.
This is in conformity to my instructions
to Major Buell. John B. Flo to,
“Secretary of War.”
Man Worship.—There is a story going
the rounds that tbe Rev. A. S. Laurie once
had occasion to exchange pulpits with the
Rev. E. H. Chapin, of New Y'ork. Many
members of Mr. Chapin’s congregation
have an idea that nobody else can preach
a sermon as well as their pastor, and when
they enter their church and find a stranger
occupying his place, they are apt to turn
and go out. So it happened on this occa
sion that not a few persons departed, and
others were on the point of doing so, when
Mr. Laurie arose, kym-book in baud, and
gravely remarked: “All those wbo came
here to worship E.H. Chapin will have an
opportunity to retire, and those who came
fo worship tbe Everlasting God will please
unite in singing tbe following bymu.”
Tbe following is an extraet from a
speech recently made by Chancellor Dur
kin, iu tbe South Carolina Convention, viz:
“i learn that Secretary Cobb has said
that the revenue of South Carolina from
the custom-house would not near pay the
expense of the custom-hotrse for the last
qearter. I a Uo learn from the best au
thority that the post offices of South Caroli
ua cost tbe Government from thirty to for
ty thousand dollars per quarter, and that
tbe receipts have been less than $50,000
per annttm.”
Hence it seems that neither the custom
house nor the pest offices in South Caroli
na pay expenses. The post offices of the
whole State yield less than $50,000 yrr
annum, while the expenses are about $40,-
into either of them which you may deem
most proper, to increase its power or resist- fP tar,er » ** 1GD.000 per annum,
ance You are also authorized to take f be “accitrsed Union,” therefore, pays
#110,000 per annum, or thereabouts, for
the postal accommodation of the people of
South Carolina, more than it coNecta from
T)^ British ship Birmingham, loading
for’Liverpool in Mobile Boy, on the €rVrts
burned with 80S bales of cotton on board.