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Re: Coastal Forts- South Carolina
In Response To: Re: Coastal Forts ()

The State of South Carolina, by the Convention of the People of the said
State, to Robert W. Baruwell, James H. Adams, and James L.Orr:

Whereas the Convention of the People of the State of South Carolina,
begun and holden at Columbia on the seventeenth day of December, in
the year of oar Lord one thousand eight hundred and sixty, and thence
continued by adjournment to Charleston, did, by resolution, order “That
three Commissioners, to be elected by ballot of the Convention, be di-
rected forthwith to proceed to Washington, anthorized and empowered
to treat with the Government of the United States for the delivery of
the forts, magazines, light-houses, and other real estate, with their ap-
purtenances, withiu the limits of South Carolina; and also for an appor-
tionment of the public debt and for a division of all other property held
by the Government of the United States as agent of the confederated
States, of which South Carolina was recently a member; and, generally,
to negotiate as to all other measures and arrangements proper to be made
and adopted in the existing relations of the parties, and for the contin-
uance of peace and amity between this Commonwealth and the Govern-
ment at Washington”;

And whereas the said Convention did, by ballot, elect. you to the said
office of Commissioners to the Government at Washington:

Now, be it known that the said Convention, by these presents, doth
commission you, Robert W. Baruwell, James H. Adams, and James L.
Orr, as Commissioners to the Government at Washington, to have, to
hold, and to exercise the said office, with all the powers, rights, and
privileges conferred upon the same by the terms of the resolution herein
cited.

Given under the seal of the State, at Charleston, the twenty-second
day of December, in the year of our Lord one thousand eight hundred
and sixty.

[L. S.] D. F. JAMISON,
President.

iSAAC H. MEANS,
Secretary of State.

Attest:
B. F. ARTHUR,
Clerk of the Convention.

----------------------
[President BUCHANAN writes]

In my message of the 3d of December instant I stated, in regard to the property of the
United States in South Carolina, that it “has been purchased for a fair
equivalent, ‘by the consent of the legislature of the State, for the erec-
tion of forts, magazines, arsenals,’ &c., and over these the authority ‘to
exercise exclusive legislation’ has been expressly granted by the Con-
stitution to Congress. It is not believed that any attempt will be made
to expel the United States from this property by force; but if in this
I should prove to be mistaken, the officer in command of the forts has
received orders to act strictly on the defensive. In such a contingency
the responsibility for consequences would rightfully rest upon the heads
of the assailants.”

This being the condition of the parties on Saturday, December 8,
four ofthe Representatives from South Carolina called upon me and re-
quested an interview. We had an earnest conversation on the subject.
of these forts and the best means of preventing 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 accordingly, and on Monday morning,
the 10th instant, three of them presented to me a paper signed by all
the Representatives of South Carolina, with a single exception, of which
the following is a copy:
WASHINGTON, December 9, 1860.
His Excellency JAMES BUCHANAN,
President of the United States:

In compliance with our statement to you yesterday, we now express to you onr
strong coavictions that neither the constituted authorities, nor any body of the people
of the State of South Carolina, will either attack or molest the United States forts iu
the harbor of Charleston previously to the action of the convention, and we hope and
believe not until an offer has been made, through au accredited representative, to ne-
gotiate for an amicable arrangement of all matters between the State and Federal
Government, provided that no rc-enforcements shall be sent into those forts, and their
relative military status shall remain as at present. JOHN McQUEEN.

WM. PORCHER MILES.
M. L. BONHAM.
W. W. BOYCE.
LAWRENCE M. KEITT.

And here I must, in justice to myself, remark that at the time the
paper was presented to me I objected to the word “provided,” as it might
be construed into an agreement on my part which I never would make.
They said nothing was further from their intention; they did not so under-
stand it, and I should not so consider it. It is evident they could enter
into no reciprocal agreement with me on the subject. They did not
profess to have authority to do this, and were acting in their individual
character. I considered it as nothing more in effect than the promise
of highly honorable gentlemen to exert their influence for the purpose
expressed. The event has proven that they have faithfully kept this
promise, although I have never since received a line from any one of them,
or from the convention, on the subject. It is well known that it was my
determination, and this I freely expressed, not to re-enforce the forts in
the harbor, and thus produce a collision,until they had been actually
attacked, or until I had certain evidence that they were about to be at-
tacked. This paper I received most cordially, and considered it as a
happy omen that peace might be still preserved, and that time might
thus be gained for reflection. This is the whole foundation for the
alleged pledge.

But I acted in the same manner as I would have done had I entered
into a positive and formal agreement with parties capable of contract-
ing, although 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-enforcements to the forts in Charleston Harbor, and I
have certainly never authorized any change to be made “in their rela-
tive military status.”

...

Under these circumstances it is clear that Major Anderson acted upon his own
responsibility, and without authority, unless, indeed, he had “tangible
evidence of a design to proceed to a hostile act" on the part of the au-
thorities of South Carolina, which has not yet been alleged. Still, he is
a brave and honorable officer, and justice requires that he should not be
condemned without a fair hearing

____________________________
David Upton

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