The President of the United States bas requested
my opinion, in writing, upon the following question:
"Assuming it to be possible to now provision Fort Sumter,
under all the circumstances is it wise to attempt it?"
This is not a question of lawful right or physical power,
but of prudence and patriotism only. The right is in my mind,
unquestionable, and I have no doubt at all that the government has
the power and the means not only to provision the fort, but also, if
the exigency required, to man it with its war complement of 650 men,
so as to make it impregnable to any local force that could be brought
against it. Assuming all this, we come back to the question., "Under
all the circumstances, is it wise" now to provision the fort?
The wisdom of the act must be tested by the value of the
object to be gained, and by the hazards to be encountered in the
enterprise. The object to be gained by the supply of provisions is
not to strengthen the fortress so as to command the harbor and
enforce the laws, but only to prolong the labors and privations of
the brave little garrison that has so long held it with patient
courage.
The possession of the fort, as we now hold it, does not
enable us to collect the revenue or enforce the laws of commercial
navigation. It may indeed involve a point of honor or a point of
pride, but I do not see any great national interest involved in the
bare fact of holding the fort as we now hold it -- and to hold it at
all we must supply it with provisions and it seems to me that we may,
in humanity and patriotism, safely waive the point of pride in the
consciousness that we have the power, and lack nothing but the will,
to hold Fort Sumter in such condition as to command the harbor of
Charleston, cut off all its commerce, and even lay the city in
ashes.
The hazards to be met are many and obvious. If the attempt
be made in rapid boats, light enough to pass the bar in safety, still
they must pass under the fire of Fort Moultrie and the batteries on
Morris Island. They might possibly escape that danger, but they
cannot hope to escape the armed guard-boats which ply all night from
the port to the outer edge of the bar. These armed guard-boats would
be sure to take or destroy our unarmed tugs, unless repelled by
force, either from our ships outside the bar or from Fort Sumter
within -- and that is war. True, war already exists by the act of
South Carolina; but this government has thus far magnanimously
forborne to retort the outrage. And I am willing to forbear yet
longer, in the hope of a peaceful solution of our present
difficulties. I am most unwilling to strike -- I will not say the
first blow, for South Carolina has already struck that -- but I am
unwilling, "under all the circumstances," at this moment to do any
act which may have the semblance before the world of beginning a
civil war, the terrible consequences of which would, I think, find no
parallel in modern times; for I am convinced that flagrant civil war
in the Southern States would soon become a social war, and that could
hardly fail to bring on a servile war, the horrors of which need not
be dwelt upon.
To avoid these evils I would make great sacrifices, and Fort
Sumter is one; but if war be forced upon us by causeless and
pertinacious rebellion, I am for resisting it with all the might of
the nation.
I am persuaded, moreover, that in several of the misguided
States a large proportion of the people are really lovers of the
Union, and anxious to be safely back under the protection of its
flag. A reaction has already begun, and if encouraged by wise,
moderate, and firm measures on the part of this government, I
persuade myself that the nation will be restored to its integrity
without the effusion of blood.
For these reasons I am willing to evacuate Fort Sumter,
rather than be an active party in the beginning of civil war. The
port of Charleston is, comparatively, a small thing. If the present
difficulties should continue and grow, I am convinced that the real
struggle will be at the Mississippi; for it is not practically
possible for any foreign power to hold the mouth of that river
against the people of the middle and upper valley.
If Fort Sumter must be evacuated, then it is my decided
opinion that the more southern forts, Pickens, Key West, etc.,
should, without delay, be put in condition of easy defense against
all assailants; and that the whole coast, from South Carolina to
Texas, should be as well guarded as the power of the navy will enable
us.
Upon the whole, I do not think it wise now to attempt: to
provision Fort Sumter.
Most respectfully submitted,
Your obedient servant,
EDWD. BATES, Attorney-General
