A Fort on South Carolina’s Sovereign Soil
 
From: Bernhard1848@att.net
 
When foreign troops occupy your land and sufficient warning given, a sovereign State will expel them. "The ultimate ownership of the soil, or eminent domain, remains with the people of the State in which it lies, by virtue of their sovereignty."
 
Bernhard Thuersam
Cape Fear Historical Institute
Wilmington, NC
www.CFHI.net

A Fort on South Carolina’s Sovereign Soil:
 
“For well over one hundred years, uninformed and liberal historians and others have charged South Carolina with starting the Civil War when the shore batteries at Charleston fired on the Federally-held Fort Sumter in the bay. These writers have stated that this fort was the property of the federal government. This statement is false.
 
On March 24, 1794, the US Congress passed an act to provide for the defense of certain ports and harbors of the United States. The sites of forts, arsenals, navy yards and other public property of the federal government were ceded or assigned by the States within whose limits they were, and subject to the condition, either expressed or implied, that they should be used solely and exclusively for the purpose for which they were granted. The ultimate ownership of the soil, or eminent domain, remains with the people of the State in which it lies, by virtue of their sovereignty.
 
South Carolina, in 1805 by legislative enactment, ceded to the United States in Charleston Harbor and on the Beaufort River, various forts and fortifications and sites for the erection of forts. The Commonwealth of Massachusetts enacted the same in its legislature in 1836. New York State, in granting the use of the site for the Brooklyn Navy Yard says: “The United States are to retain such use and jurisdiction so long as said tract shall be applied to the defense and safety of the city and port of New York and no longer…”  The cession of the site of Watervliet Arsenal was made on the same terms.
 
It has been said by many historians that these sites were purchased outright by the federal government. This is also false. The Act of 1794 clearly states, “that no purchase shall be made where such lands are the property of the State.”
 
When General George B. McClellan and his federal army of 112,000 men landed on the tip of the Virginia peninsula April12, 1862 and occupied Fortress Monroe, this action verified the Southern charge of Northern aggression.
 
A State withdrawing from the union would necessarily assume the control theretofore exercised by the general government over all public defenses and other public property within her limits. The South, on the verge of withdrawal (from the union) had prepared to give adequate compensation to an agent of the Northern government for the forts and other public works erected on the land.  Therefore, three commissioners from South Carolina, one from Georgia, and one from Alabama were sent to Washington to negotiate for the removal of federal garrisons from Southern forts.
 
The commissioners, all prominent men, were Messrs. Robert W. Barnwell, James H. Adams, and James L. Orr of South Carolina; Martin Crawford of Georgia, and John Forsythe of Alabama, and arrived in Washington on the 5th of March.
 
On March 12th they addressed an official communication to Mr. (William) Seward, Secretary of State, explaining their functions and their purpose. Mr. Seward declined to make any formal recognition of the commissioners, but assured them in verbal conferences of the determination of the government at Washington to evacuate Fort Sumter; of the peaceful intentions of the government, and that no changes in the status prejudicially to the Confederate States were in contemplation; but in the event of any change, notice would be given to the commissioners.
 
The commissioners waited for a reply to their official communication until April 8th, at which time they received a reply dated March 15th by which they were advised that the president had decided not to receive them, nor was he interested in any proposals they had to offer. During this time the cabinet of the Northern government had been working in secrecy in New York preparing an extensive military and naval expedition to reinforce the garrison at Fort Sumter in the harbor of Charleston, South Carolina.
 
As they had tried to deceive the people of the North and South in January 1861 with the Star of the West (expedition to Sumter), loaded with troops and ammunition, the radical Republicans again advised the press that this mission was also a mission of mercy for the garrison of Fort Sumter, and on April 7th the expedition set sail southward bound loaded with troops and arms.
 
At 2PM, April 11, 1861, General Beauregard demanded that Major Anderson of Fort Sumter evacuate the works, which Anderson refused to do. At a little after 3AM, General Beauregard advised Major Anderson that “in one hour’s time I will open fire.”  At 4:40AM, from Fort Johnson the battery opened on Fort Sumter, which fire was followed by the batteries of Moultrie, Cummings Point and the floating battery.
 
At this time a part of the federal naval force had arrived at the Charleston bar, but strange to say, Captain Fox, after hearing the heavy guns of the bombardment decided that his government did not expect any gallant sacrifices on his part, and took no part in the battle. On April 13 after the Confederate guns had reduced Sumter to a smoking heap of ruin, Major Anderson surrendered, with no loss of life on either side.
 
“On one side of the conflict was the South led by the descendants of the Cavaliers, who with all their faults had inherited from a long line of ancestors a manly contempt for moral littleness, a high sense of honor, a lofty regard for plighted faith, a strong tendency for conservatism, a profound respect for law and order, and an unfaltering loyalty to constitutional government.”
 
Against the South was arrayed the power of the North, dominated by the spirit of Puritanism which, with all its virtues, has ever been characterized by the pharisaism which worships itself, and is unable to perceive any goodness apart from itself, which has ever arrogantly held its ideas, its interests, and its will, higher than fundamental law and covenanted obligations; which has always “lived and moved and had its being, in rebellion against constituted authority.”
 
The Reverend R.C. Cave, 1894
 
(Land of the Golden River, Vol. II, Lewis P. Hall, Hall’s Enterprises, 1980)