Sumter Provocation

Texas v. White 1869 establishes unilateral state secession as illegal. That is a fact.



As are all Supreme Court rulings. As are, as a matter of fact, all court rulings other than temporary restraining orders. Courts cannot rule on questions that have not been asked.

So does that mean at the time of secession in 1860, it wasn't illegal ? By the way, I'm not trying to argue for the legality of secession. I've never really came to a conclusion on that subject. I'm just playing devil's advocate, so to speak.
 
So does that mean at the time of secession in 1860, it wasn't illegal ? By the way, I'm not trying to argue for the legality of secession. I've never really came to a conclusion on that subject. I'm just playing devil's advocate, so to speak.

No. It means that there had been no prior legal rulings on secession because there had been no secession to rule on.
 
M E Wolf wrote:

Many members posting as we (you, I and in general) have different ways to look at the same thing. It isn't that one is better than the other in the incident we're studying in a 'snap shot' moment of history. Both sides (Union and Confederate) had good and bad; middle of the road, above the board and so forth--but, again we're dealing with human beings.

Very well said. I admit I have a Southern bias. I can't help it. But I try to keep an open mind. That's not always easy. I agree the Official Records are invaluable. I was just noting that most of your posts on the subject of Fort Sumter were almost all Southern correspondence. I was trying to balance that out with some from the North. I wasn't trying to "prove" you wrong. Hope I didn't come across that way.
 
No. It means that there had been no prior legal rulings on secession because there had been no secession to rule on.

I think somebody should have done something to make it clear that secession was either legal or not legal after New England threatened it during the War of 1812.


Freddy wrote:
Of course, you can show some evidence to back up your claim? Like an official deed or document.

That would be interesting. It is my understanding that the U.S. government had to get permission from the states to build the forts of the thrid system, but I have no idea who claimed ownership.
 
Savez, sir;

In my opinion sir, if President Lincoln was to take care of the United States military man, such as Major Anderson and his men; with provisions -- I think it is inhumane to prevent it. It certainly deserves protest at the very least.

With Fort Sumter with intent to be subjected to iscolation and starvation -- it is totally 'sadistic.'

By the torture of those at Fort Sumter, by the Governor, then General Beauregard, then the CSA Government --is provoking the soul of all humans, and would indeed spark a desire to rescue. Therefore, I hold with my opinion; that the incidents leading up to the bombardment of Fort Sumter was an intentional manipulation as to draw the Federal Government into a response.

Sounds like a gunman taking a hostage, and blaming the hostage for all their troubles; uses the hostage to taunt and tease, deprive the hostage of basic human needs, such as bathroom, food and drink and or comfort; control and manipulate the police, family and or concerned citizens; and when the police, family and or concerned citizens attempt to rescue the hostage--the gunman blows a hole into the hostage's head because of the response to rescue an innocent.

Just my opinion.

Respectfully submitted for consideration,
M. E. Wolf
 
Savez, sir;

I don't believe there is a person without some form of bias. :)

Main thing is that it is difficult to keep seeing people blame President Lincoln for the entire matter, when the stirrings of reducing Fort Sumter started in the Buchanan Administration.

In addition, what is often left out, are the facts that there were three shells sent at Fort Sumter. At times we, (in a general sense) hear of the alleged 'accidental' shell and hear that it didn't hit anything; when indeed it did.

To me, that was provocation involving Fort Sumter, sir.

Just some thoughts.

Respectfully submitted for consideration,
M. E. Wolf
 
http://wapedia.mobi/en/Fort_Sumter#1.

History of Fort Sumter:

Named after General Thomas Sumter, Revolutionary War hero, Fort Sumter was built following the War of 1812, as one of a series of fortifications on the southern U.S. coast. Construction began in 1827, and the structure was still unfinished in 1860, when the conflict began. Seventy thousand tons of granite were imported from New England to build up a sand bar in the entrance to Charleston harbor, which the site dominates. The fort was a five-sided brick structure, 170 to 190 feet (58 m) long, with walls five feet thick, standing 50 feet (15 m) over the low tide mark. It was designed to house 650 men and 135 guns in three tiers of gun emplacements, although it was never filled near its full capacity.

On December 26, 1860, five days after South Carolina declared its secession, U.S. Army Major Robert Anderson abandoned the indefensible Fort Moultrie and secretly relocated companies E and H (127 men, 13 of them musicians) of the 1st U.S. Artillery to Fort Sumter without orders from Washington, on his own initiative. [1] [2] [3] [4] [5] He thought that providing a stronger defense would delay an attack by South Carolina militia. The Fort was not yet complete at the time and fewer than half of the cannons that should have been available were not, due to military downsizing by President James Buchanan. Over the next few months, repeated calls for the United States evacuation of Fort Sumter [6] from the government of South Carolina and later Confederate Brigadier General P.G.T. Beauregard were ignored. United States attempts to resupply and reinforce the garrison were repulsed on January 9, 1861 when the first shots of the war prevented the steamer Star of the West , a ship hired by the Union to transport troops and supplies to Fort Sumter, from completing the task. After realizing that Anderson's command would run out of food by April 15, 1861, President Lincoln ordered a fleet of ships, under the command of Gustavus V. Fox, to attempt entry into Charleston Harbor and support Fort Sumter. The ships assigned were the steam sloop-of-war USS Pawnee , steam sloop-of-war USS Powhatan , transporting motorized launches and about 300 sailors (secretly removed from the Charleston fleet to join in the forced reinforcement of Fort Pickens, Pensacola, Fla.), armed screw steamer USS Pocahontas , Revenue Cutter USS Harriet Lane , steamer Baltic transporting about 200 troops, composed of companies C and D of the 2nd U.S. Artillery, and three hired tug boats with added protection against small arms fire to be used to tow troop and supply barges directly to Fort Sumter. [7] [8] By April 6, 1861 the first ships began to set sail for their rendezvous off the Charleston Bar. The first to arrive was the Harriet Lane , before midnight of April 11, 1861. [9]

On April 11, Beauregard sent three aides, Colonel James Chesnut, Jr., Captain Stephen D. Lee, and Lieutenant A. R. Chisolm to demand the surrender of the fort. Anderson declined, and the aides returned to report to Beauregard. After Beauregard had consulted the Secretary of War, Leroy Walker, he sent the aides back to the fort and authorized Chesnut to decide whether the fort should be taken by force. The aides waited for hours while Anderson considered his alternatives and played for time. At about 3 a.m., when Anderson finally announced his conditions, Colonel Chesnut, after conferring with the other aides, decided that they were "manifestly futile [..] and not within the scope of the instructions verbally given to us". The aides then left the fort and proceeded to the nearby Fort Johnson. There Chesnut ordered the fort to open fire on Fort Sumter. [10]

On April 12, 1861, at 4:30 a.m., Confederate batteries opened fire, firing for 34 straight hours, on the fort. Edmund Ruffin, noted Virginian agronomist and secessionist, claimed that he fired the first shot on Fort Sumter. His story has been widely believed, but Lieutenant Henry S. Farley, commanding a battery of two mortars on James Island fired the first shot at 4:30 A.M. (Detzer 2001, pp. 269-71). The garrison returned fire, but it was ineffective, in part because Major Anderson did not use the guns mounted on the highest tier, the barbette tier, where the gun detachments would be more exposed to Confederate fire. On April 13, the fort was surrendered and evacuated. During the attack, the Union colors fell. Lt. Norman J. Hall risked life and limb to put them back up, burning off his eyebrows permanently. No Union soldiers died in the actual battle though a Confederate soldier bled to death having been wounded by a misfiring cannon. One Union soldier died and another was mortally wounded during the 47th shot of a 100 shot salute, allowed by the Confederacy. Afterwards the salute was shortened to 50 shots. Accounts, such as in the famous diary of Mary Chesnut, describe Charleston residents along what is now known as The Battery, sitting on balconies and drinking salutes to the start of the hostilities. The Fort Sumter Flag became a popular patriotic symbol after Maj. Anderson returned North with it. The flag is still displayed in the fort's museum.

Union efforts to retake Charleston Harbor began on April 7, 1863, when Rear Admiral Samuel Francis Du Pont, commander of the South Atlantic Blockading Squadron, led the ironclad frigate New Ironsides, the tower ironclad Keokuk, and the monitors Weehawken, Passaic. Montauk, Patapsco, Nantucket, Catskill, and Nahant in an attack against the harbor's defenses. The attack was unsuccessful, the New Ironsides never effectively engaged, and the ironclads fired only 154 rounds, while receiving 2,209 from the Confederate defenders (Wise 1994, p. 30). Due to damage received in the attack, the Keokuk sank the next day, 1,400 yards (1,300 m) off the southern tip of Morris Island. Over the next month, working at night to avoid the attention of the Federal squadron, the Confederates salvaged the Keokuk's two XI-inch Dahlgren guns (Ripley 1984, pp. 93-6). One of the Dahlgren guns was placed in Fort Sumter.

The Confederates, in the mean time, were strengthening Fort Sumter. A workforce of just under 500 slaves, under the supervision of Confederate army engineers, were filling casemates with sand, protecting the gorge wall with sandbags, and building new traverse [11] , blindages, and bombproofs. Some of Fort Sumter's artillery had been removed, but 40 pieces still were mounted. Fort Sumter's heaviest guns were mounted on the barbette, the fort's highest level, where they had wide angles of fire and could fire down on approaching ships. The barbette was also more exposed to enemy gunfire than the casemates in the two lower levels of the fort.

A special military decoration, known as the Gillmore Medal, was later issued to all Union service members who had performed duty at Fort Sumter under the command of Major-General Quincy Adams Gillmore.

Armament Fort Sumter, August 17, 1863

Location Armament
Left flank barbette Two 10-inch (250 mm) columbiads
Left face barbette Two 10-inch (250 mm) columbiads, two 8-inch (200 mm) columbiads, four 42-pounders
Left face, first tier casemates Two 8-inch (200 mm) shell guns
Right face barbette Two 10-inch (250 mm) columbiads,
five rifled and banded 42-pounders

Right face, first tier casemates Two 32-pounders
Right flank barbette One XI-inch Dahlgren, four 10-inch (250 mm) columbiads, one 8-inch (200 mm) Columbiad, one rifled 42-pounder,
one 8-inch (200 mm) Brooke

Gorge barbette Five rifled and banded 43-pounders,
one 24-pounder

Salient, second tier casemates Three rifled and banded 42-pounders
Parade Two 10-inch (250 mm) seacoast mortars

After the devastating bombardment, both General Quincy A. Gillmore and Rear Admiral John A. Dahlgren, now commanding the South Atlantic Blockading Squadron, determined to launch a boat assault on Fort Sumter for the night of September 8-9, 1863. Cooperation between the Army and Navy were poor, Dahlgren refusing to place his sailors and marines under the command of an army officer. So two flotillas set out towards Fort Sumter that night. The army flotilla was detained off Morris Island by the low tide. By the time they could proceed, the navy assault had already been defeated and the army flotilla returned to shore.

The Navy's assault involved 400 sailors and marines in 25 boats. The operation was a fiasco from beginning to end. Poor reconnaissance, planning and communication all characterized the operation. Commander Thomas H. Stevens, commanding the monitor Patapsco, was placed in charge of the assault. When Commander Stevens protested that he "knew nothing of [the assault's] organization " and "made some remonstrances on this grounds and others." Dahlgren replied "There is nothing but a corporal's guard [about 6-10 men] in the fort, and all we have to do is go and take possession." (Stevens 1902, p. 633). This underestimation of the Confederate forces on Dahlgren's part may explain why he was hostile to a joint operation wishing to reserve the credit for the victory to the Navy. Less than half of the boats landed. Most of the boats that did land landed on the right flank or right gorge angle, rather than on the gorge where there was a passable breach. The Union sailors and marines who did land could not scale the wall. The Confederates fired upon the landing party and as well as throwing hand grenades and masonry. The men in the boats that had not landed fired muskets and revolvers blindly at the fort, endangering the landing party more than the garrison. The landing party took shelter in shell holes in the wall of the fort. In response to a signal rocket fired by the garrison, Fort Johnson and the Confederate gunboat Chicora opened fire upon the boats and landing party. The boats that could withdraw withdrew, and the landing party surrendered. The Union casualties were 8 killed, 19 wounded, and 105 captured (including 15 of the wounded). The Confederates did not suffer any casualties in the assault.

After the unsuccessful boat assault, the bombardment recommenced and proceeded with varying degree of intensity, doing more damage to Fort Sumter until the end of the war. The garrison continued to suffer casualties. The Confederates continued to salvage guns and other material from the ruins and harassed the Union batteries on Morris Island with sharpshooters. The Confederates mounted four 10-inch (250 mm) columbiads, one 8-inch (200 mm) columbiad rifled, and two rifled 42-pounders, in the left face, bottom tier casemates. The Confederacy never surrendered Fort Sumter, but General William T. Sherman's advance through South Carolina finally forced the Confederates to evacuate Charleston on February 17, 1865 and abandon Fort Sumter. The Federal government formally took possession of Fort Sumter on February 22, 1865 with a flag raising ceremony.

When the Civil War ended, Fort Sumter was in ruins. The U.S. Army worked to restore it as a useful military installation. The damaged walls were re-leveled to a lower height and partially rebuilt. The third tier of gun emplacements was removed. Eleven of the original first-tier gun rooms were restored with 100-pounder Parrott rifles.

From 1876 to 1897, Fort Sumter was used only as an unmanned lighthouse station. The start of the Spanish-American War prompted renewed interest in its military use and reconstruction commenced on the facilities that had further eroded over time. A new massive concrete blockhouse-style installation was built in 1898 inside the original walls. Named "Battery Huger" in honor of Revolutionary War General Isaac Huger, it never saw combat.

During World War I, a small garrison manned the two twelve-inch (305 mm) rifles at Battery Huger. Until World War II, the fort was unused except as a tourist destination; two 90 mm antiaircraft guns were then installed. Fort Sumter became a U.S. National Monument in 1948.

Fort Sumter National Monument encompasses three sites in Charleston: the original Fort Sumter, the Fort Sumter Visitor Education Center, and the Fort Moultrie National Monument on Sullivan's Island. Access to Fort Sumter itself is by a 30 minute ferry ride from the Fort Sumter Visitor Education Center.

The Visitor Education Center's museum features exhibits about the disagreements between the North and South that led to the incidents at Fort Sumter. The museum at Fort Sumter focuses on the activities at the fort, including its construction and role during the Civil War.

Notes

1-- Official Record Series 1- Volume 1- Chapter 1- page 117
2 -- Official Records Series 1 - Volume 1- Chapter 1- Page 103
3 -- Robert Anderson to Rev. R. B. Duane, December 30, 1860
4 -- Robert Anderson to Robert N. Gourdin, December 27, 1860.
5 -- Haskin, William, Major, 1st U.S. Artillery (1896). "History of the 1st U.S. Artillery". http://www.usregulars.com/usartillery/1us_art.html.
6 -- Official Records Series 1 - Volume 1- Chapter 1- Page 13
7 -- Official Records Series 1 - Volume 1- Chapter 1- Page 240
8 -- Official Records of the Union and Confederate Navies Series I - Volume 4- Pages 223-225:
9 -- Official Records Series 1 - Volume 1- Chapter 1- Page 304
10 --Official Records Series 1 - Volume 1- Chapter 1- Pages 59-60
11-- Traverses, Civil War Fortifications dictionary.
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O.R.-- SERIES I--VOLUME 1 [S# 1] CHAPTER I.
CORRESPONDENCE AND ORDERS RELATING SPECIALLY TO THE OPERATIONS IN CHARLESTON HARBOR FROM OCTOBER 31, 1860, TO APRIL 14, 1861.
UNION CORRESPONDENCE, ETC.--#1
ORDNANCE OFFICE, WAR DEPARTMENT,
Washington, November 1, 1860.
Col. J. L. GARDNER,
Commanding Fort Moultrie, Charleston, S.C.:
SIR: I transmit herewith a copy of a letter addressed by me to the Secretary of War, which has been approved by him, and which I submit to you for your views as to the expediency or propriety of placing arms in the hands of hired men for the purpose indicated.
Should you approve the measure I will thank you to request Military Storekeeper Humphreys to make the issue indicated in said letter, and to report the fact to this office that it may be covered by an order for supplies.
Respectfully, &c.,
H. K. CRAIG,
Colonel of Ordnance.
[Inclosure.]
ORDNANCE OFFICE, WASHINGTON, D. C.,
October 31, 1860.
Hon. J. B. FLOYD,
Secretary of War:
SIR: There is at Fort Sumter, Charleston Harbor, now in course of construction, besides a part of its armament, a considerable quantity of ammunition, &c., and it has been suggested by the Engineer officer in charge of the work that a few small-arms placed in the hands of his workmen for the protection of the Government property there might be a useful precaution. If the measure should, on being communicated, meet with the concurrence of the commanding officer of the troops in the harbor, I recommend that I may be authorized to issue forty muskets to the Engineer officer.
With much respect,
H. K. CRAIG,
Colonel of Ordnance.
[Indorsement.]
WAR DEPARTMENT,
October 31, 1860.
Approved:
J. B. FLOYD,
Secretary of War.
-----
Fort MOULTRIE, S. C., November 5, 1860.
Col. H. K. CRAIG,
Chief of Ordnance, U. S. Army, Washington, D.C.:
COLONEL: Your communication of 1st instant, with its inclosure, in reference to placing forty muskets in the hands of the Engineer officer in charge of Fort Sumter as a precautionary measure proper to this time of excitement, is received. My views are asked on two, or rather three points:
1st. On that which forms the condition of the Secretary's approval of the issue, namely, that I concur in its expediency;
2d. On the "propriety" of placing the arms in the hands of hired men for the purpose indicated; and,
3d. On the "expediency" of doing so.
To the first I reply that I have already said in effect, on my post return for last month, that while I do not apprehend that any attempt upon the United States works here will receive the countenance of the State or city authority, it is by some thought that a tumultuary force may be incited by the feeling of the time, and invited by the present disordered condition of the works to make such an attempt without it, and that this possibility makes it incumbent on me to provide as far I may against it, and forty additional musketeers would then be desirable.

As to the "propriety" of the issue I see no objection. The arms need not be delivered to the men selected by the Engineer officer till the occasion should actually obtain. The workmen in charge of the property are bound on principles of common law to defend it against purloiners, to say nothing of the 96th Article of War, applicable to all "persons whatsoever receiving pay from the United States."

The "expediency" of the measure is quite another question of less obvious features.

There are one hundred and nine men at Fort Sumter, most of them laborers of foreign nativity, of whom it is prudent to be somewhat suspicious, for I am just informed that on some of them being questioned (as is the wont of the times) on the point of their proclivity in the event of secession, replied to the effect that they were indifferent, and intimated that the largest bribe would determine their action, and they can, you know, discharge themselves of their public obligations at any moment, and thus be free to choose sides.

Now, forty muskets in the hands of the faithful among them might control the rest, but certainly not on a close push from outside. The Engineer officer can, he says, keep the arms beyond the physical possibility of being taken from him by the untrustworthy, and he can cut off all communication peremptorily with citizens. Now, unless some such precaution be taken, this large body of laborers may, in the possible event in question, unrestrainedly deliver up the post and its contents on a bribe or demand. Meanwhile they cannot be removed outside of that isolated island post, which has not a foot of ground beyond the walls of the fort. In this connection I may add that at this post too (Fort Moultrie) we have about fifty laborers of like description with known secession propensities, as they are residents permanently of this quarter.

On the point of expediency, then, I am constrained to say that the only proper precaution--that which has no objection--is to fill these two companies with drilled recruits (say fifty men) at once, and send two companies from Old Point Comfort to occupy respectively Fort Sumter and Castle Pinckney.
I am, colonel, yours respectfully,
JNO. L. GARDNER,
Brevet Colonel, U. S. Army.
[Indorsement.]
ORDNANCE OFFICE, November 8, 1860.
Respectfully submitted to the Secretary of War, with the remark that as the issue of forty muskets, approved by him 31st ultimo, was contingent on the approval of Colonel Gardner, it is probable that the issue has not and will not be made without further orders.
H. K. CRAIG,
Colonel of Ordnance.
-----
CHARLESTON ARSENAL, S.C.
November 10, 1860.
Col. H. K. CRAIG,
Chief of Ordnance, U. S. A., Washington, D. C. :
SIR: On the 7th instant I received an order from Colonel Gardner, commanding troops in the harbor, to issue to him all of the fixed ammunition for small-arms (percussion caps, primers, &c.) at this arsenal, such a step being advisable, in his estimation, for the better protection of the property in view of the excitement now existing in this city and State. Being allowed no discretion in the matter, his order being peremptory, I proceeded to obey it on the afternoon of the 8th. Captain Seymour having come up from Fort Moultrie, with a detachment of men and schooner, for the purpose of removing the stores, the shipment of them was interfered with by the owner of the wharf until the city authorities could be notified, and there were but three or four cart-loads on board. I considered it best that they should be reconveyed to the magazine until something definite should be determined upon, which was done. Not having heard anything further from Colonel Gardner relative to this matter, I conceive it my duty to report the facts in the case, which I respectfully submit.
Very respectfully, I am, sir, your most obedient servant,
F. C. HUMPHREYS,
Military Storekeeper Ordnance, Commanding.
---------------------------------------
[Indorsements.]
ORDNANCE OFFICE, November 13, 1860.
Respectfully referred to the Adjutant-General for the information of the Secretary of War, with the remark that I am not aware by what authority Colonel Gardner undertook to give such an order.
H. K. CRAIG,
Colonel of Ordnance.
-----
WASHINGTON, D.C. November 11, 1860.
Col. S. COOPER,
Adjutant-General, Washington City:
SIR: In compliance with instructions from the Secretary of War of the 6th instant, I inspected the fortifications and troops in Charleston Harbor, and have now the honor to report as follows:
FORT MOULTRIE.
This post is garrisoned by Companies E and H First Artillery, and the regimental band is quartered there.
State of the command.
Field and staff.--Bvt. Col. John L. Gardner, lieutenant-colonel First Artillery, commanding; Asst. Surg. Samuel W. Crawford, medical department.
Company officers.--Capt. Miner Knowlton, Company H, absent sick since August 12, 1850; Capt. Abner Doubleday, commanding Company E; Bvt. Capt. Truman Seymour, first lieutenant, commanding Company H; First Lieut. Otis H. Tillinghast, regimental quartermaster, and acting adjutant at regimental headquarters, absent since May 29, 1860; First Lieut. Theodore Talbot, Company H; First Lieut. Jefferson C. Davis, Company E; Second Lieut. Samuel Breck, Company E, on duty at the Military Academy since September 13, 1860; Second Lieut. Norman J. Hall, Company H, acting assistant quartermaster and acting assistant commissary of subsistence since September 1, 1860, and post adjutant.
Enlisted men.--Band and staff, 9 musicians, 1 hospital steward, 1 ordnance sergeant absent.
Companies E and H, for duty, 36; on extra or daily duty, 13; sick, 4; in arrest or confinement, 11; absent in confinement, 2. Total, 64. Present at inspection, 30 ; artillery drill, 21; infantry drill, 23; comprising all who, in the opinion of the commanding officer, could with propriety and safety be taken from other duties.
The officers--Lieutenant Talbot in delicate health excepted--are in good health, and capable of enduring the fatigues incident to any duty that may be demanded of them. They are sober, intelligent, and active, and appear acquainted with their general duties, perform them with some exceptions punctually and promptly, and all are anxious to give the commanding officer the aid to which he is entitled.
The non-commissioned officers and privates appear intelligent and obedient, but do not move with an alacrity and spirit indicating the existence of a strict discipline.
* * * * * * * * * *
A portion of the work, interior and exterior, is necessarily encumbered by material being used in repairing parapets, beds for guns, and arranging for the defense of the fort. In other respects the police of the post is good.
* * * * * * * * * *
The hospital and storehouses are outside the forts. All are old frame buildings, highly inflammable, and not secured by the presence or watchful eye of a sentinel from the acts of evil-disposed persons. An incendiary could in a few minutes destroy all the supplies and workshops of the command.
Lieutenant Hall states that he has some difficulty in procuring suitable flour and pork in Charleston, sometimes having to return the former, while the latter cannot at times be purchased. He has about two months' supply of provisions for the present command.
* * * * * * * * * *
The ungarded state of the fort invites attack, if such design exists, and -much discretion and prudence are required on the part of the commander to restore the proper security without exciting a community prompt to misconstrue actions of authority. I think this can be effected by proper commander, without checking in the slightest the progress of the engineers in completing the works of defense. Any interference with that labor would probably rouse suspicions and create excitement. All could have been easily arranged several weeks since, when the danger was foreseen by the present commander. Now much delicacy must be practiced. The garrison is weak, and I recommend that a favorable opportunity be taken to fill up the companies with the best-drilled recruits available.* * * * * * * * * *
[excerpt]
FORT SUMTER.
Fort Sumter is not completed, and is now occupied by the Engineers, under the direction of Lieutenant Snyder (Captain Foster being absent), who has employed upon it some hundred and ten men. A portion of the armament is mounted, but for its defense a few regular soldiers, to overawe the workmen and to control them, only would be necessary at present. The lower embrasures are closed, and if the main gate be secured a storming-party would require ladders twenty feet in length to gain admission. No arms are here, and I doubt if they would be serviceable in the hands of workmen, who would take the side of the stronger force present. Unless it should become necessary I think it advisable not to occupy this work so long as the mass of engineer workmen are engaged in it. The completion of those parts essential for the accommodation of a company might be hastened. The magazine contains thirty-nine thousand four hundred pounds of powder. The number of guns on hand is seventy-eight, consisting of 8 and 10 inch columbiads, 8-inch sea-coast howitzers. 42 pounder guns, and 32 and 24-pounders, with carriages, shot, shell, implements, &c.

CASTLE PINCKNEY.
Castle Pinckney commands Charleston, and its armament is complete. Here the powder belonging to the arsenal in the city is stored. A company can be accommodated here, while a small force under an officer would secure it against surprise or even a bold attack of such enemies likely to undertake it. It is under the charge of an ordnance sergeant, who keeps everything in as good order as possible. The quarters and magazine require repairs. Under present circumstances I would not recommend its occupation.
I am, colonel, very respectfully, your obedient servant,
F. J. PORTER,
Assistant Adjutant-General.
-----
 
Buchanan was restrained in his reactions to provocations from seceding states, to the point of being treasonous. Lincoln was willing to accept "...beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States, in any interior locality, shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the Government to enforce the exercise of these offices, the attempt to do so would be so irritating, and so nearly impracticable withal, that I deem it beter to forego for the time the uses of such offices."
"The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible, the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection. The course here indicated will be followed unless current events and experience shall show a modification or change to be proper, and in every case and exigency my best discretion will be exercised according to circumstances actually existing, and with a view and a hope of a peaceful solution of the national troubles, and the restoration of fraternal sympathnies and affection."
(Lincoln's First Inaugural address.)
We have historical evidence, by words and actions, of the restraint of two Presidents. What, exactly, was the provocation of Lincoln and Buchanan, that was within their authority, to stay SC and later the csa from their mad flight to war? What restraint was shown by the Gov. of SC and Pres. of the CSA, in its illegal activities of fomenting and sustaing a general attitude of defiance and rebellion, in the slave states, against the persons and property and laws of the United States?
 
No. 2.] FORT MOULTRIE, S.C., November 28, 1860.
Col. S. COOPER,
Adjutant-General U. S. A.:
COLONEL: I have the honor to acknowledge the receipt of your communication of the 24th instant. I presume that my letter of the 23d has been received, and that the Department is now in possession of my views in reference to the measures I deem advisable and necessary for keeping this work and this harbor. Your letter confines my answer to what refers to the work under my charge. I cannot but remark that think its security from attack would be more greatly increased by throwing garrisons into Castle Pinckney and Fort Sumter than by anything that can be done in strengthening the defenses of this work. There are several intelligent and efficient men in this community, who, by intimate intercourse with our Army officers, have become perfectly well acquainted with this fort, its weak points, and the best means of attack. There appears to be a romantic desire urging the South Carolinians to have possession of this work, which was so nobly defended by their ancestors in 1776; and the State, if she determines to act on the aggressive, will exert herself to take this work. The accompanying report exhibits the present state of my command. I think I can rely upon their doing their duty, but you will see how sadly deficient we are in numbers, whether to repel a coup de main or to maintain a siege. We finished mounting our guns this morning, and I shall soon commence drilling and exercising my men in firing with muskets and cannon. I find that in consequence of sickness, &c., very little military duty has been attended to here for a long time; we shall try, and I hope to succeed in regaining the lost ground. This work, when Captain Foster finishes the ditch, counterscarp, and bastionettes on which he is now at work, and executes the addition of a half battery at the northwest angle of the fort, which I have urged him to commence immediately, will be in good condition. I would have preferred having a ditch (wet), but the captain informs me that he could not make it, in consequence of the quicksand. I will send a requisition in a few days (I am very constantly occupied now) for certain ordnance stores. Among them I shall embrace a couple of Coehorns, say four mountain howitzers and twenty of the heaviest revolvers, with a supply of ammunition. I believe that we have no muskets for firing several charges. I would have been pleased o get four of them for the half bastion, but if there are none I will replace them by something else. I would like to get these articles as soon as possible, as I wish to practice our men with the different arms I may have to use. God forbid, though, that I should do so. Colonel Huger has just left me; he came down stating that there was the greatest excitement in the city on account of a rumor that the Adger was bringing out four companies. Some of the gentlemen were in favor of taking steamers and going out to intercept the Adger. He has just returned. I told him that I had no intelligence of anything of the kind.

In reply to the suggestion of the honorable Secretary about the expediency of employing reliable persons not connected with the military service, for purposes of fatigue and police, I must say that I doubt whether such could be obtained here. They would certainly be of great assistance to us. The excitement here is too great. Captain Foster informs me that an adjutant of a South Carolina regiment applied to him for his rolls, stating that he wished to enroll the men for military duty. The captain told him that they had no right to do it, as the men were in the pay of the United States Government. I presume that every able-bodied man in this part Of the State, not in the service of the General Government, is now being or has been enrolled.

I will thank the Government to give me special instructions in reference to a question which may arise in these cases:
What shall I do if the State authorities demand from Captain Foster men who they may aver have been enrolled into the State service? Captain Foster will probably send such cases to me; what shall I do with them?

I hope that my command will very soon be strengthened, so far at the least as filling up these companies to the legal standard. This would enable me, at all events, to have our proper garrison military duties properly attended to.

I am inclined to think that if I had been here before the commencement of expenditures on this work, and supposed that this garrison would not be increased, I should have advised its withdrawal, with the exception of a small guard, and its removal to Fort Sumter, which so perfectly commands the harbor and this fort.
I am, colonel, respectfully, your obedient servant,
ROBERT ANDERSON,
Major, First Regiment Artillery, Commanding.
Field report of command at Fort Moultrie, present this day.
Present for duty.
Officers Men.
Commissioned officers (*)7 ....
Band .... 8 }
Non-commissioned staff .... 2 }
Non-commissioned officers .... 17 }
Privates .... 39 } 66

Sick privates .... 2 }
Confined privates .... 7 } 9
75
-----------------------------------------------------------------------------------------------
CHARLESTON, S. C., November 28, 1860.
Col. R. E. DE. RUSSY,
Commanding Corps of Engineers, U. S. A., Washington, D.C.:
COLONEL: I wrote you a few days since in relation to certain contingencies of defense which might occur before long in this harbor. I only wish to add now that if the War Department decides not to send more soldiers here, but to avail itself of the Engineer force to guard Forts Sumter and Pinckney, I shall require the assistance of another Engineer officer. For several reasons my personal attention is required at Fort Moultrie just now. I require Mr. Snyder to give his personal attention to Fort Sumter, and such other matters as arise from time to time. In all probability it will soon become necessary to confine his duties more closely to Fort Sumter, and if I have to supply men to Castle Pinckney I shall want another Engineer officer to direct their labors and duties.
It is not certain that the emergency requiring the above division of the Engineer duties under my charge will arise, but it is better to be prepared, and I would respectfully urge you to grant my request, and, if so, that I may have the services of the officer detailed as soon as possible.
Very respectfully, your obedient servant,
J. G. FOSTER,
Corps of Engineers.
-----
CHARLESTON, S. C. November 30, 1860.
Col. R. E. DE RUSSY,
Commanding Corps of Engineers, U. S. A., Washington, D.C.:
COLONEL: I have the honor to acknowledge the receipt of your letter of the 28th instant, and to request that the amount desired from the "Contingencies of fortifications" for the repairs of Castle Pinckney ($1,800), for one month, may be placed to my credit with the assistant treasurer of the United States at Charleston, S.C.
[excerpt -engineering ]
Major Anderson, at my request, has kindly consented to detail an officer to assist me until an Engineer officer can be sent me for this purpose, for I regard it as necessary that an officer shall be constantly present at this work after the repairs are commenced. Lieut. J. C. Davis is to be detailed, and is to report to me. I trust, however, that this temporary detail will not induce any delay in sending me another officer, as Major Anderson needs the services of all in his command. I shall endeavor to have the repairs promptly made, and to secure a proper protection to the property of the United States. In doing this it will be indispensable that I have the men instructed, to a certain extent, in the service of the guns, and also in the manual of arms, if I can arrange with Colonel Huger to have the requisite number of muskets sent from the arsenal. I shall also have Lieut. G. W. Snyder take up his quarters in Fort. Sumter, and give like instructions to about fifty picked men, in whom I can place reliance in case of an emergency.

I beg you to understand, however, that I do not regard all these arrangements as absolutely demanded by anything that now appears, but rather as a safe precaution in view of what may appear any day, if anything more exciting than usual occurs to stimulate the extremely rash persons among a community already sufficiently excited upon the subject of their State relations.

I think that more troops should have been sent here to guard the forts, and I believe that no serious demonstration on the part of the populace would have met such a course. But, as it is decided not to do this, and to rely instead upon the Engineer employees for protection of the public property, I shall do everything in my power to carry out this purpose. I shall, of course, exercise the necessary amount of prudence, and avoid any appearance of arming, as I conceive this to be the wish of the War Department.
Very respectfully and truly, your obedient servant,
Captain Engineers.
J. G. FOSTER,
[ Indorsement. ]
Colonel Cooper says this has been shown to the Secretary of War.
H. G. W. [WRIGHT.]
DECEMBER 6, 1860.
---------------------------------------------------------------------------------------------------------------------------
No. 3.] FORT MOULTRIE, S. C., December 1, 1860.
Col. S. COOPER, Adjutant-General:
COLONEL: I have the honor to acknowledge the receipt of your letter of the 28th ultimo, and regret that I have to report that things look more gloomy than the day at the date of my last communication. Captain Seymour, just returned from the city, reports that the excitement there is very great. Col. E. B. White and other gentlemen, with whom he conversed, stated that the people of Charleston would not allow another man or any kind of stores to be landed at or for these forts. They say that anything which indicates a determination on the part of the General Government to act with an unusual degree of vigor in putting these works in a better state of defense will be regarded as an act of aggression, and will, as well as either of the other acts mentioned above, cause an attack to be made on this fort.

Two Charlestonians who were down here to-day remarked to me that as soon as the State seceded she would demand the surrender of the forts, and that if not given up, they would be taken; but that this would not be done sooner unless some action on the part of the Government proved that it was preparing to hold possession of them.

The agent of the boat which brought the 24-pounder howitzer and ammunition is severely censured for having brought them, and the agent of the steamer James Adger was told that any vessel bringing troops here would not be safe in this harbor. Since writing the above I have seen Assistant Surgeon Crawford, who has also been in the city. He says that never until to-day did he believe that our position was critical. One of his friends told him that we would have trouble in less than fifteen days. He thinks that they will first attempt to take Fort Sumter, which they (justly) say will control this work. Castle Pinckney they regard as theirs already. Mr. King, the intendant of this island, told the doctor that as soon as the act of secession was passed a demand would be made on me to surrender this fort. All these remarks lead to the same conclusion--a fixed purpose to have these works. The question for the Government to decide--and the sooner it is done the better--is, «6RR» whether, when South Carolina secedes, these forts are to be surrendered or not. If the former, I must be informed of it, and instructed what course I am to pursue. If the latter be the determination, no time is to be lost in either sending troops, as already suggested, or vessels of war to this harbor. Either of these courses may cause some of the doubting States to join South Carolina.

I shall go steadily on, preparing for the worst, trusting hopefully in the God of Battles to guard and guide me in my course. I think it probable that in the present highly excited state of these people, the sending of the detachment of Engineer laborers to Castle Pinckney may bring on that collision which we are so anxious to avoid. I shall consult with Captain Foster on his return to the island, and if convinced that it will lead to that result, will assume the responsibility of suspending the execution of that plan for the present. This fort, in consequence of the unfinished state of our repairs, &c., is not in a condition for inviting an attack. Captain Seymour says that he is satisfied they intend erecting a battery on the upper end of this island, to command the inner channel. I do not know what course to advise. They are making every preparation (drilling nightly, &c.) for the fight which they say must take place, and insist on our not doing anything. We are now certainly too weak to fight. Were we to guard against a surprise, our men, if surrounded by only an undisciplined mob, would soon be worn out by fatigue.

I learn from Captain Ord that attempts have been made, by offers of heavy sums, to induce men at Old Point to join a Southern army. I have not heard that any attempts have been made to tamper with our men, who thus far cheerfully perform the arduous and ceaseless duties imposed upon them in consequence of the smallness of the command.

I ought, perhaps, to mention, as an indication of the expectation of the citizens of Charleston, that three friends of the ladies of our officers have within a day or two been pressed most urgently to go to the city to stay with them there.
I am, colonel, very respectfully, your obedient servant,
ROBERT ANDERSON,
Major, First Artillery, Commanding.
-----

continued

[[Will resume presentation of Union official records later-real life calls 1, March 2010 17:24 hrs- my apologies in the halt.]]
 
I was doing fairly well keeping up with this thread at one time, but I'm pretty far behind now. If this has been said before then I apologize, but I wanted to say this: The last thing Lincoln wanted was civil war, but being no dummy he could see the writing on the wall. To paraphrase him he said, when it was obvious that southern states had proclaimed secession and more were to follow, something to the effect of "The tug has to come, so let it come now rather than later." I don't remember the exact quote.

So these things I'm reading that say Lincoln wanted war are just not correct. With the war being inevitable and with Lincoln well aware that he was not able to prevent it, the very least he could do was to make sure that the North did not fire the first shot.


Lee
 
To me, the most important part of M E Wolf's last posting of OR's is where Maj. Anderson states that "All these remarks lead to the same conclusion--a fixed purpose to have these works. The question for this Government to decide--and the sooner it is done the better--is, whether when South Carolina secedes, these forts are to be surrendered or not."(my emphasis)
 
So does that mean at the time of secession in 1860, it wasn't illegal ?
In Texas v. White 1869 SCOTUS ruled that Texas and all the other Confederate states never left the Union.

"Our conclusion therefore is, that Texas continued to be a State, and a State of the Union, notwithstanding the transactions to which we have referred. And this conclusion, in our judgment, is not in conflict with any act or declaration of any department of the National government, but entirely in accordance with the whole series of such acts and declarations since the first outbreak of the rebellion."

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=74&invol=700
 
From William Dennison to Abraham Lincoln. April 10, 1861

Anybody can pick out quotes from official records and letters from governors to make it look as though one side favored war over the other. This is not a shot at Mr. Wolfe, his research was great. I am just merely pointing out the fact that history is a lot of interpretation. It wasn't just Southerners that were itching for a fight.

Unionblue,
I'm not "screaming" anything. I am merely pointing out the reasons I believe Lincoln provoked the South into firing on Fort Sumter. I have no doubt they were looking for a reason. As for the history books thing, I was just joking because I keep getting told about the "facts" in history books. Charles w. Ramsdell's wrtten history goes along with my beliefs. I guess since it doesn't go along with OpnCoronet's ideas of "history" then his writings must not be "facts".

Savez,

My apologies in wording my post to give you the impression that I stated you, personally, were "screaming" concerning anything about who provoked who into firing onto Ft. Sumter. The fact of the matter is I was speaking in general when this oft-repeated charge is made and I did not take the time to more carefully weigh my response.

As to your own view that Lincoln 'provoked' the South into firing, it has always been my belief that one can only be provoked if one permits himself to do so. As far as I am concerned, based primarily on the written record of the period, Jefferson Davis knew exactly what he was doing and decided on his own to take action against Ft. Sumter. It was his biggest mistake and cost him dearly as history has shown.

You mention Charles W. Ramsdell's 'written history' as going along with your beliefs. Does the book he has written have a title I can look up? I am curious as to what you base you views and beliefs on so that I can better understand where you are coming from.

Sincerely,
Unionblue
 
That should be noted as "after the fact". "

Savez,

You wrote this response to Freddy when he quoted the Supreme Court's Texas v. White 1869 court case that established secession as illegal.

What do you say to Chief Justice Taney's opinion that secession was to be found nowhere in the US Constitution and that he thought the South had erred in putting it forth as justification for leaving the Union?

Do you think the Chief Justice of the Supreme Court, prior to the firing on Ft. Sumter, opinion on Southern secession has any impact on the topic?

Sincerely,
Unionblue
 
O.R.-- SERIES I--VOLUME 1 [S# 1] CHAPTER I.
CORRESPONDENCE AND ORDERS RELATING SPECIALLY TO THE OPERATIONS IN CHARLESTON HARBOR FROM OCTOBER 31, 1860, TO APRIL 14, 1861.
UNION CORRESPONDENCE, ETC.--#1
CHARLESTON, S.C., December 2, 1860.
Col. R. E. DE RUSSY,
Commanding Corps of Engineers, U. S. A., Washington, D.C.:
COLONEL: I have the honor to request that application may be made to the War Department to have Colonel Huger, Ordnance Corps, issue to me four boxes of muskets (smooth-bores), with percussion caps for sixty rounds. Fifty of these muskets are required for Fort Sumter and fifty for Castle Pinckney. The cartridge boxes and belts are not absolutely necessary, but I would like to have an equal number issued if it is convenient to do so.

Colonel Huger, whom I consulted upon the subject of the muskets, said he could not issue them without authority from Washington, not even for the short time that I want them, and I declined at the time to request him to write for this authority; but after consulting with Major Anderson to-day we are both agreed that it is best to write for the requisite authority at once, and I therefore make the above request.Very respectfully, your obedient servant,
J. G. FOSTER,
Captain of Engineers.
[Indorsement.]
Handed to Adjutant-General, and by him laid before the Secretary of War on the 6th of December.
Returned by the Adjutant-General on the 7th. Action deferred for the present. (See Captain Foster's letter of December 4.)
-------------------------------------------
Note: Adjutant-General Colonel S. Cooper, would resign and go to the CSA; Secretary of War Floyd would also resign and go to the CSA--both becoming Generals
-------------------------------------------------------------------------------------------------------------------------
No. 5.] Fort MOULTRIE, S.C., December 3, 1860.
Col. S. COOPER, Adjutant-General, U. S. A.:
COLONEL: Captains Doubleday and Seymour said to-day that when they gave me their opinions a few days ago on the feasibility of securing reliable men here to perform police and fatigue duty they did not think of some discharged soldiers, who they now say could be hired for that purpose. My opinion, as expressed, that I doubted whether any reliable men could be hired here, was based upon their opinions and upon my knowledge of the deep interest and excitement of the populace here.

I shall be pleased, then, to receive authority and instructions to employ eight or ten men for the purposes suggested. This will give one relief for my guard, garrison, and battery, or interior.

Captain Foster has just reported that he left Lieutenant Davis and twenty of the detachment of laborers, designed to make repairs in Castle Pinckney, in that work, with one month's supply of provision.

Fourteen men will be added to that party to-morrow. The captain spoke of his having placed Lieutenant Davis and the party in the Castle whilst in the city, and he said that there was not the least appearance of excitement about it.

Lieutenant Davis has been cautioned to act with the greatest discretion and caution.

Hoping that everything may go on smoothly here for some time longer at least, and assuring you that I shall do everything in my power to add to the strength of my defenses,
I am, colonel, respectfully, your obedient servant,

ROBERT ANDERSON,
Major of U. S. Army.
-------------------------------------------------------------------------------------------------------------------
CHARLESTON, S.C., December 4, 1860.
Col. R. E. DE RUSSY,
Commanding Corps of Engineers:
COLONEL: I have been obliged to vary the plan which I indicated in my last letters as the one I intended to follow in order to carry out the wishes of the Department concerning the security of the works under my charge. In consequence of recent developments of the state of feeling among my men, I do not now judge it proper to give them any military instruction, or to place arms in their hands; at least this is the case with reference to the men at Fort Sumter. I do not think that any of them will go so far in the defense of public property as to fight an armed body of the citizens of this State. I ascertained this for the first time, to-day, of the men in Fort Sumter, where I had been confident that I could rely in any emergency, at least upon the Baltimore mechanics, about fifty in number.

But the overseer ascertained last night that they were disinclined to use force to resist an attempt to seize the fort on the part of the citizen soldiers of the State, although willing to resist a mob. The men in Castle Pinckney, placed there as I intended, on the 3d instant, being picked men, may prove more reliable. But the feeling here in regard to secession is become so strong that almost all are entirely influenced by it. I therefore judge it best to suspend all idea of arming them at present. I may mention that I exercised as much care as possible in placing this working party in Castle Pinckney, so as not to give cause for apprehension of arming to the citizens. The greatest prudence was exercised, and the best men placed there, under charge of a prudent and reliable officer, Lieutenant Davis. Every precaution is also taken at Fort. Sumter, where Lieutenant Snyder has taken up his quarters. Having done thus much, which is all I can do in this respect, I feel that I have done my duty, and that if any overt act takes place, no blame can properly attach to me. I regret, however, that sufficient soldiers are not in this harbor to garrison these two works. The Government will soon have to decide the question whether to maintain them or to give them up to South Carolina. If it be decided to maintain them, troops must instantly be sent, and in large numbers. If it be decided to give them up, the present arrangement will answer very well; only I should be informed, in order that I may know how to act.

At present I have given orders to Lieutenants Snyder and Davis to resist to the utmost any attempt or any demand on the forts in which they are stationed.

The plan of the leaders in this State appears to be, from all that I can see and hear, first, to demand the forts of the General Government, after seccession, and then, if refused, to take them by force of arms. A quite large party is in favor of not waiting to ask the General Government, but to summon the immediate commanders, and, if refused, to attack at once. All of this is not, of course, strictly in the line of my profession; still, I judge it proper to write you fully and plainly, so that you may know exactly how we are placed. Here in Fort Moultrie the two companies of the garrison having dwindled to half their proper size, are so weak that Major Anderson demands all the auxiliary defense that I can give him. I am now digging a wet ditch around the work, which, although necessarily shallow from the quicksand, will more than double the difficulty of scaling the walls. The major also requires a fraise to be placed around the coping, but I cannot commence it until I finish the work in hand.

[excerpt of engineering details of construction/repairs of forts]

I have been liberal of assistance in increasing the defensive capacities of the fort, for I felt that the necessity required it. I have about 125 men at work here now, and shall continue the same number for two or three days, until I complete the ditch. On Fort Sumter I have about 115, and at Castle Pinckney 30, making a total of 260 men employed. The first of the embrasure stones for Fort Sumter having been received, the embrasures of the second tier will be immediately commenced.
Very respectfully, yours,
J. G. FOSTER,
Captain of Engineers.
-----------------------------------------------------------------------------------------------------------------------
ORDNANCE OFFICE, Washington, December 5, 1860.
Hon. JOHN B. FLOYD,
Secretary of War :
SIR: In answer to your inquiry respecting a rumor or report of the recent landing at Fort Moultrie, S. C., of a large quantity of military stores, such as cannon and boxes of ammunition, I have to state that the rumor or report has no just foundation in fact. The only cannon or ammunition, excepting a few primers, which have been ordered to Fort Moultrie since September, 1859, were four small flank howitzers with their carriages and implements, and one hundred canisters and twenty-five shells for each. These supplies were furnished on requisition from the Engineer Department of 16th October, 1860, as part of the regular armament of the fort, for the flanking caponieres, which were just finished and ready to receive them. They were ordered from the arsenals on the 20th October, 1860, but, being delayed in their issue and shipment, did not reach their destination till recently.
Respectfully, your obedient servant,
WM. MAYNADIER,
Captain of Ordnance.
---------------------------------------------------------------------------------------------------------------------------
No. 6.] FORT MOULTRIE, S. C., December 6, 1860.
(Received A. G. O., December 10.)
Col. S. COOPER,
Adjutant-General U. S. Army:
COLONEL: I have the honor to acknowledge the receipt, on the 4th, of your communication of the 1st instant. In compliance therewith I went yesterday to the city of Charleston to confer with Colonel Huger, and I called with him upon the mayor of the city, and upon several other prominent citizens. All seemed determined, as far as their influence or power extends, to prevent an attack by a mob on our fort; but all are equally decided in the opinion that the forts must be theirs after secession. I shall nevertheless, knowing how excitable this community is, continue to keep on the qui vive, and, as far as in my power, steadily prepare my command to the uttermost to resist any attack that may be made. As the State will probably declare itself out of the Union in less than two weeks, it seems to me that it would be well to discontinue all engineering work on this fort except such as is necessary to increase its strength. I have not pretended to exercise any control over that department, and have found Captain Foster generally disposed to accede to the suggestions I have ventured to make; and the suggestions I now make are not made in any unkind spirit towards him, as he is compelled to carry out the instructions of his department, but such as I feel it my duty to make, as being held responsible for the defense of this work. One of the bastionettes is nearly completed, now awaiting the arrival of the pintle blocks, without which the embrasure cannot be made. The foundation has only been laid for the other. I certainly think that it is now too late to begin the construction of the second one, and that it would be better to substitute some other flanking arrangement, which can be finished in a few days.

Captain Foster is now sodding the exterior slope of the ditch, and putting muck on the glacis. It seems to me that that work had better be discontinued, and the planking, &c., removed, as it might be used by an investing or attacking force.


continued
 
In other words, I would now apply our science to devising and placing in front of and on our walls every available means of embarrassing and preventing an enemy scaling our low walls. Anything that will obstruct his advance will be of great advantage to our weak garrison.

Our time is short enough for what we have to do. Should the ordnance stores I have called for or re-enforcements not arrive, in the event of our being attacked I fear that we shall not distinguish ourselves by holding out many days.

I have not yet commenced leveling off the sand hills which, within one hundred and sixty yards to the east, command this fort. Would my doing this be construed into initiating a collision? I would think you also to inform me under what circumstances I would be justified in setting fire to or destroying the houses which afford dangerous shelter to an enemy, and whether I would be justified in firing upon an armed body which may be seen approaching our works.

Captain Foster told me yesterday that he found that the men of his Fort Sumter force, who he thought were perfectly reliable, will not fight if an armed force approaches that work; and I fear that the same may be anticipated from the Castle Pinckney force.

I learn that in consequence of the decayed condition of the carriages at Fort Sumter, the guns have not been mounted there as I reported they were to have been. If that work is not to be garrisoned, the guns certainly ought not to be mounted, as they may be turned upon us.

The remark has, I hear, been repeatedly made in the city that if they need heavy guns, they call get them in forty-eight hours. This, I suppose, refers to their being able to bring them from Fort Pulaski, mouth of the Savannah River.

Colonel Huger designs, I think, leaving Charleston for Washington to-morrow night. He is more hopeful of a settlement of impending difficulties without bloodshed than I am. Hoping in God that he may be right in his opinion,
I am, colonel, very respectfully, your obedient servant,
ROBERT ANDERSON,
Major, First Artillery, Commanding.
-----------------------------------------------------------------------------------------------------------------------
ADJUTANT-GENERAL'S OFFICE,
December 6, 1860.
Maj. R. ANDERSON,
U. S. Army, Fort Moultrie, Charleston, S.C.:
MAJOR: Your letter of the 3d instant, in relation to police, has been
received; is approved by the Secretary of War to the extent you desire.
I am, &c.,
S. COOPER,
Adjutant-General.
--------------------------------------------------------------------------------------------------------
No. 7.] FORT MOULTRIE, S.C., December 9, 1860.
(Received A. G. O., December 12.)
Col. S. COOPER Adjutant-General:
[SIR :] I have the honor to acknowledge the receipt of your letter of the 6th instant, and to state that I have directed the A. A. Q. M. to hire men to perform police and fatigue duty at this post, and to send on a special estimate for funds to pay them.

I hear that the attention of the South Carolinians appears to be turned more toward Fort Sumter than it was, and it is deemed probable that their first act will be to take possession of that work.

The idea of attempting to take this place by a coup de main appears not to be so favorably regarded as it was, and they will perhaps determine to besiege us. To enable them to do this they must procure heavy guns, which they can get (if not from Fort Sumter and Castle Pinckney) from Pulaski or some other southern fort. Anything that can be done which will cause delay in their attack will give time for deliberation and negotiation, and may, by God's blessing, save the shedding of blood. I would therefore respectfully suggest whether it might not be advisable and prudent to cause the ammunition, except what may be needed for the defense of this fort and the armament of Fort Sumter and Castle Pinckney, to be destroyed or rendered unserviceable before they are permitted to fall into their hands. The same may be advisable at those forts from whence supplies might be brought to Charleston. Fort Sumter is a tempting prize, the value of which is well known to the Charlestonians, and once in their possession, with its ammunition and armament and walls uninjured and garrisoned properly, it would set our Navy at defiance, compel me to abandon this work, and give them the perfect command of this harbor.

Captain Foster having received the pintle stones for his bastionette guns, will now finish the one he has been at work on. Our supply of provisions has not arrived. I hope that it will soon be in. If we do not hear of it in a few days, I shall have to direct the A. A. commissary to make some purchases in Charleston.
I am, colonel, very respectfully, your obedient servant,
ROBERT ANDERSON,
Major, First Artillery, Commanding.
----------------------------------------------------------------------------------------------------------------
FORT MOULTRIE, S.C., December 11, 1860.
Memorandum of verbal instructions to Major Anderson, First Artillery, commanding at Fort Moultrie, S.C.

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 his studied determination to pursue a course with reference to the military force and forts in this harbor which shall guard against such a collision. He has therefore carefully abstained 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 doubt on the confidence he feels that South Carolina will not attempt, by violence, to obtain possession of the public works or interfere with their occupancy. But as the counsel and acts of rash and impulsive persons may possibly disappoint those expectations of the Government, he deems it proper that you should be prepared with instructions to meet so unhappy a contingency. He has therefore directed me verbally to give you such instructions.(*)

You are carefully to avoid every act which would needlessly tend to provoke aggression; and for that reason you are not, without evident and imminent necessity, to take up any position which could be construed into the assumption of a hostile attitude. But you are to hold possession 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, but an attack on or attempt to take possession of any one of them will be regarded as an act of hostility, and you may then put your command into either of them which you may deem most proper to increase its power of resistance. You are also authorized to take similar steps whenever you have tangible evidence of a design to proceed to a hostile act.

D.C. BUELL,
Assistant Adjutant-General.
-----------------------------------------------------------------------------------------------------------------------------
FORT MOULTRIE, S.C., December 13, 1860.
Col. R. E. DE RUSSY,
Commanding Corps of Engineers, &c.:
COLONEL: I have the honor to inform you that Lieut. R. K. Meade, Corps of Engineers, reported to me for duty on the 10th instant. I placed him in charge of Castle Pinckney the next day, and relieved Lieut. J. C. Davis from his temporary duty at that post. The work at the Castle is progressing satisfactorily at present, although I have up to this time been delayed on account of one firm in town refusing to sell me, as the agent of the United States, some lumber, which I was expecting, and very much needed. I have made arrangements to obtain the requisite quantity of lumber elsewhere, and have transferred the bricks and cement from Fort Sumter. The work on the cistern is already commenced, and that on the wooden banquettes will commence to-morrow. In the mean time, while waiting for materials, the force has been employed in perfecting the messing arrangements, putting the fort in thorough police order, and oiling and working the gun carriages: so that they now move with perfect facility.

The men for this working party were picked, and the majority of them are reliable against the disorderly attack of any mob to possess itself of the work. My confidence in them has increased within a few days.

A strict night watch is maintained, and during the daytime a man stands at the gate to prevent interested persons entering and inspecting the fort and its arrangements for defense. This latter precaution I have found to be necessary on account of numbers of men connected with the military, who came for the purpose of obtaining knowledge to use against the defenders of the fort in case of a collision with the Government. I have given the same instructions to Lieutenant Snyder, at Fort Sumter, with reference to which the above precaution became necessary first.

At Fort Sumter everything is going on smoothly, although I have purposely delayed the mounting of the guns, for the reason that I did not consider it safe to proceed with that work until some definite idea was obtained as to whether the work was to be maintained or not. Consequently, only the guns of the left face which do not bear towards Fort Moultrie directly, are mounted in the first tier, although every preparation is made to mount all the guns in the shortest possible time when it is necessary and safe so to do.

I think the temper and disposition of the men at Fort Sumter are very good--better than a few days ago. They will defend the fort, as far a possible, without arms, against a mob, but not against the organized forces of South Carolina.

I have endeavored to strengthen the conservative feeling among the men through the overseer, and have succeeded to a certain extent, and I now consider this fort and Castle Pinckney safe until it comes to the solution of the question whether the Government is to surrender them to the State or to refuse her demands. At that time only United States troops, and in good numbers, will be sufficient to overawe an attempt to take them by force.

I hope the Department will not think me too explicit in my terms, for I wish to avoid any unnecessary alarm, but I feel it my duty to state my convictions, in order that it may have full information for its action. I would respectfully, but strongly, urge that more definite instructions be given me for my guidance. If Fort Sumter is to be risked against the chances of an attack, it will be important to vary my programme, and to change the deposit of a large portion of its stores, and to provide for the exigency of its loss. If not, I will cheerfully prepare to defend it to extremity until troops arrive for its garrison. If the garrison in Fort Moultrie is to be transferred, I should know it, in order to stop the heavy expense at Fort Moultrie, which, in that case, will become unnecessary, and which is now fast consuming my available funds. I can also, in that case, proceed in the armament of Fort Sumter.

[excerpt -engineering]
I have saved all my cement barrels to be used in forming merlons if necessary, and some of them are now being used by the garrison on the cast front, facing the sand hills, to form covers for a few sharpshooters upon the parapet.

I hope funds will soon be sent me for the present month. I should think the United States Treasurer could issue his warrant against the deposit in Charleston for what money I require, for the assistant treasurer, Mr. Pressley, informed me that he had ample funds in hand.

I exchanged a draft on New York for gold to-day, in order to pay the men on Fort Sumter. The bank made the exchange at par.
Very respectfully and truly,
J. G. FOSTER,
Captain, Engineers.
-----------------------------------------------------------------------------
FORT MOULTRIE, S.C.,
Friday, December 14, 1860.
Col. S. COOPER, Adjutant-General U. S. Army:
DEAR COLONEL: I inclose herewith a slip from the Charleston Mercury of 13th instant, mentioning from Washington correspondent Major Bell's [Buell's] mission to this place.

I told the major that it was likely they would get an inkling of it. I merely send this to show you the almost impossibility of keeping anything secret. Nothing here worthy of an "official "--a calm before the storm. Many think no attack will be made on me until after they are in position in Fort Sumter, and that they will drive me out with her guns. It is all conjecture. I shall, of course, prepare here for the worst.

All well and in fine spirits.
Yours, truly,
ROBERT ANDERSON.
******
FROM WASHINGTON.
WASHINGTON, December 10.
Mr. EDITOR: A Caucus was held here a few nights since of Senators and Representatives from the cotton States. It numbered about twenty-six, and represented the States of Texas, Louisiana, Mississippi, Alabama, South Carolina, Georgia, Florida, and North Carolina, and upon the question of the necessity of the immediate secession of South Carolina there was not a dissenting voice.

Major Bell [Buell] and several other officers of the Army have been sent to Fort Moultrie to look after the forts and keep a sharp lookout upon them. They were sent for no good to us. See that they make no change in the distribution of soldiers, so as to put them all in Fort Sumter. That would be dangerous to us.
Yours,
CHARLES.
-----

----------------------------------------------------------------------------------------------------------------
Note: Major Anderson is correct --it is impossible to keep secrets, when his own Secretary of War Floyd and Col. S. Cooper -Adjutant-General are passing the information to South Carolina and others. Ahh! the beauty of hindsight.
------------------------------------------------------------------------------------------------------------------------
continued
 
O.R.-- SERIES I--VOLUME 1 [S# 1] CHAPTER I.
CORRESPONDENCE AND ORDERS RELATING SPECIALLY TO THE OPERATIONS IN CHARLESTON HARBOR FROM OCTOBER 31, 1860, TO APRIL 14, 1861.
UNION CORRESPONDENCE, ETC.--#1
COMMITTEE ON MILITARY AFFAIRS,
December 18, 1860.
Hon. J. B. FLOYD:
SIR: You will oblige me very much by furnishing me the information asked for in the inclosed resolution. I should think myself derelict in my duty to the House and the country if I did not, in the present perilous condition of the country, obtain all the information in my power in relation to its military defenses. The House may call on me any day, as the organ of the Military Committee, for information, and I feel very anxious to be put in possession of reliable information on the subject.(*)
Very respectfully, yours, &c.,
B. STANTON.
[Inclosure.]
[Inclosure.]
Resolution adopted by the Committee on Military Affairs of the House of Representatives, December 18, 1860.
Resolved, That the Secretary of War be requested to furnish the Committee on Military Affairs of the House of Representatives with a statement of the condition of the defenses at Fort Moultrie, Castle Pinckney, and Fort Sumter, the number of men, and the quantity and description of ordnance and arms in each: also, the number and description of arms in the Charleston Arsenal, and what officer has charge of the custody and control of said arsenal, and what force he has under his control to enable him to protect and defend it.; also, what number and description of arms has been distributed since the 1st day of January, A. D. 1860, and to whom, and at what price, so far as in his judgment may be compatible with the public welfare.
A true copy from the journal of the committee.
J. J. COOMBS,
Clerk.
-----------------------------------------
No. 8.] FORT MOULTRIE, S.C., December 18, 1860.
(Received A. G. O., December 21.)
Col. S. COOPER, Adjutant-General:
COLONEL: I have the honor to acknowledge the receipt of your letter of the 14th instant, giving answers to questions contained in my letters.
In reference to the instruction given me in reply to my question about Captain Foster's men, it would appear that I had not stated the matter with sufficient distinctness.
As I understood it, the South Carolina authorities sought to enroll as a part of their army intended to act against the forces of the United States, men who are employed by and in the pay of that Government, and could not, as I conceived, be enrolled by South Carolina "under the laws of the United States and of the State of South Carolina."

The sand hills referred to are private property, but no houses are built upon them; they are in front of or between houses. I, of course, shall not remove them until convinced that an attack will be made, nor shall I resort to the extreme measure of burning or destroying houses except on the same assurance, and then only such as mask positions where batteries may be erected, or such as, in my opinion, cannot be permitted to remain without endangering my command, which is so small that I cannot afford to spare a man.


The sand hills and the houses surrounding the fort will afford safe shelter for sharpshooters, who may, with ordinary good luck, pick off the major part of my little band, if we stand to our guns, in a few hours.

We are busily at work erecting traverses, defilading our work, increasing the height of our walls, and securing protection for our men and guns by means of barrels filled with sand.

As Captain Foster tells me that he reports all his operations to the Engineer Department, I presume that the War Department is fully informed on these matters.

As the subject may be referred to by the letter writers and by the Charleston press, it may be proper that I should state that Captain Foster mentioned to me this morning that he had obtained yesterday from the Charleston Arsenal forty muskets for Fort Sumter and Castle Pinckney, and that they had been brought down without causing any excitement. He said that they were delivered in compliance with an order issued, I think, before my arrival. This evening he showed me a letter from the military storekeeper, which stated that the fact of his having sent off those muskets had produced great excitement in the city, and that he had felt obliged to pledge his word that they should be returned by to-morrow night. He states that Colonel Huger had directed him not to let any arms be removed from the arsenal.

I told Captain Foster that my instructions were that I was not to do anything calculated to produce excitement, and that as he had asked my advice I would certainly advise him to return them. He left me stating that he would do so.

I have not heard whether the ordnance stores asked for are to be sent. I can only say that they are absolutely necessary to enable me to make a respectable attempt at a defense.

I am, colonel, very respectfully, your obedient servant,
ROBERT ANDERSON,
Major, First Artillery, Commanding.
------------------------------------------------------------------------
Note : Colonel Huger would immediately join the CSA, when Fort Sumter was attacked and surrendered.
---------------------------------------------------------------------------------------------------------
FORT MOULTRIE, S. C., December 18, 1860.
Col. R. E. DE RUSSY,
Commanding Corps of Engineers, U. S. Army, Washington, D.C.:
COLONEL: I have the honor to inclose two letters received to-day from F. C. Humphreys, esq., military storekeeper at the Charleston Arsenal.

The first accompanied an invoice of forty muskets and accouterments, upon a requisition made by me, and in accordance with an order received some time since. The second was made subsequent to intimations of violent demonstrations, made by General Schnierle (and others, perhaps), if the muskets were not returned. General Schnierle assured Mr. Humphreys that Colonel Huger, Ordnance Corps, U. S. Army, had assured the governor of the State that no arms should be removed from the arsenal, and upon this Mr. Humphreys assured General Schnierle that the muskets should be returned to-morrow. Now, I have no official knowledge (or positive personal evidence, either) that Colonel Huger assured the governor that no arms should be removed from the arsenal, nor that, if he did so, he spoke by authority of the Government; but, on the other hand, I do know that an order was given to issue to me forty muskets; that I actually needed them to protect Government property and the lives of my assistants and the ordnance sergeants under them at Fort Sumter and Castle Pinckney, and that I have them in my possession. To give them up on a demand of this kind seems to me as an act not expected of me by the Government, and as almost suicidal under the circumstances. It would place the two forts under my charge at the mercy of a mob.

Neither of the ordnance sergeants at Fort Sumter and Castle Pinckney had muskets until I got these, and Lieutenants Snyder and Meade were likewise totally destitute of arms.

I propose to refer the matter to Washington, and am to see several gentlemen who are prominent in this matter to-morrow. I am not disposed to surrender these arms under a threat of this kind, especially when I know that I am only doing my duty to the Government. If the violent persons in the city seize upon this opportunity to excite the mob to acts of violence to the property of the United States, or those having it in charge, it will only be as that which must soon occur, and which they have actually been looking for.

I must say plainly that I have for some days arrived at the conclusion that unless some arrangement is shortly made by Congress, affairs in this State will arrive at a crisis, and a conflict between the Federal forces and the troops of this State be a not improbable event.

I have endeavored to keep you fully informed of my efforts to prepare for it, and of this I will write more fully to-morrow.

Very respectfully, yours,
J. G. FOSTER,
Captain of Engineers.
-----
[Inclosure No. 1.]
CHARLESTON ARSENAL, S.C.,
December 18, 1860.
Capt. J. G. FOSTER,
U. S. Engineer Corps, Sullivan's Island, S.C.:
DEAR CAPTAIN: The shipment of the forty muskets, &c., has caused intense excitement. General Schnierle called upon me this morning, and assures me that some violent demonstration is certain unless the excitement can be allayed, and says that Colonel Huger assured the governor that no arms should be removed from this arsenal. As the order under which I made the issue to you was dated prior to Colonel Huger's visit here, I am placed in rather a delicate position. I have pledged my word that they (the forty muskets and accouterments) shall be returned by to-morrow night, and I beg that you will return them to me. I informed General Schnierle that you only desired two muskets, but that I could not issue them without the proper order, but that I had an old order covering the issue of the forty. In view of my pledge that the muskets shall be returned, and the position which Colonel Huger is placed by the issue, I feel satisfied that you will comply with my request. In haste.
Very truly, yours,
F. C. HUMPHREYS,
Military Storekeeper Ordnance, U. S. Army.
-----
[Inclosure No. 2.]
FORT MOULTRIE, December 18, 1860
F. C. HUMPHREYS, Esq.,
Military Storekeeper, Charleston Arsenal:
DEAR SIR: I have received your note of this date, begging me to return to the arsenal the forty muskets which I obtained yesterday (in accordance with an order from the Ordnance Department, issued some time since), because of a threatened violent demonstration on the part of some persons of Charleston. You state that Colonel Huger, of the Ordnance (as General Schnierle asserts to you), assured the governor that no arms should be removed from the arsenal, and that as the above assurance of Colonel Huger was made subsequent to the receipt of the order for the issue of these muskets to me, you have pledged your word that they shall be returned to the arsenal to-morrow. If Colonel Huger made this pledge to the governor of this State, I presume he must have acted by the authority of the Government; but of this I have no direct knowledge. All I know is that an order was given to issue forty muskets to me, that I actually required them to protect the property of the Government against a mob, and that I have them in my possession. To give them back now, without proper authority, would subject me to blame if any loss should occur which might be prevented by keeping them. I am willing to refer the matter to Washington. I am sorry to be obliged to disappoint you, and will call to assure you so to-morrow at 12 o'clock, at which time I shall be happy to meet General Schnierle, if he is disposed to see me.
Very truly, yours,
J. G. FOSTER,
Captain of Engineers.

continued

Note: For some reason posting doesn't appear and this page is a repeat for what I posted early AM doesn't appear however it did seem to catch before I logged off.
 
The status and authority of the president of the United States, in relation to all Federal property and personnel, was clear. The status and authority of a state claiming 'secession' and a private citizen, claiming to be a president of an 'independent' nation, was very much 'less' clear.
Until the state(s) and private citizen, established clarity, at least as clear as that of the United States gov't and its President, there could be no question accepting their status and/or authority, based on their claims only.
 

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