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Re: Legal opinions
In Response To: Re: Legal opinions ()

There is no tanglable proof that Anderson was going to be attacked in the O.R.'s. Anderson never gave any evidence in any writings. Proof would be who, how and when. The excuse that he was threatened by the (unarmed) patrol boats, the "Nina" and "Emma", who seemed to operate at night and never together, came from the words of a sentry from Castle Pinckney, talking smak with somebody on one of those boats. No tangible threat was given.

The stores of the City Armory was not under the control of garrison at Fort Moultrie. The garrison at Fort Moultrie had its supply of weapons and ammunition, which came from a different ordinance issue. The Charleston Armory was administered by U.S. Army via Washington, but its weapons and ammunition was for the use of the State of South Carolina, not the garrison at Fort Moultrie.

Anderson burned the gun carriages, destroyed the ammunition and stores, cut down the flag pole and retreated to Fort Sumter without any evidence of "tangible (real or actual) evidence of a design to proceed to a hostile act" either in his official reports or writings after.

The militias of Charleston did not act until they were ordered to do so by the Governor of the State of South Carolina. No mobs, no groups of militia, no State Troops, made any threat or attempt to take Anderson's garrison.

Again I ask who made the threat?, how were they going to do it?, and when?
_________________
David Upton

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