[181] good in any one case is of course applicable to all others of the same sort, whether expressly asserted in the act of cession or not. Indeed, no express declaration would be necessary to establish a conclusion resulting so directly from the nature of the case, and the settled principles of sovereignty and eminent domain.
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. It would, however, be but fair and proper that adequate compensation should be made to the other members of the partnership, or their common agent, for the value of the works and for any other advantage obtained by the one party, or loss incurred by the other. Such equitable settlement, the seceding states of the South, without exception, as I believe, were desirous to make, and prompt to propose to the federal authorities.
On the secession of South Carolina, the condition of the defenses of Charleston harbor became a subject of anxiety with all parties. Of the three forts in or at the entrance of the harbor, two were unoccupied, but the third (Fort Moultrie) was held by a garrison of but little more than one hundred men—of whom only sixty-three were said to be effectives—under command of Major Robert Anderson of the First Artillery.
About twelve days before the secession of South Carolina, the representatives in Congress from that state had called on the President to assure him, in anticipation of the secession of the state, that no purpose was entertained by South Carolina to attack, or in any way molest, the forts held by the United States in the harbor of Charleston—at least until opportunity could be had for an amicable settlement of all questions that might arise with regard to these forts and other public property—provided that no reenforcements should be sent, and the military status should be permitted to remain unchanged. The South Carolinians understood Buchanan as approving of this suggestion, although declining to make any formal pledge.
It appears, nevertheless, from subsequent developments, that both before and after the secession of South Carolina preparations were secretly made for reenforcing Major Anderson, in case it should be deemed necessary by the government at Washington.1 On December 11th instructions were communicated to him from the War Department, of which the following is the essential part:
You are carefully to avoid every act which would needlessly tend to provoke
