There was still another objection made to the President’s draft of an answer, which can be better appreciated, because the words which he proposed to use were quoted in Judge Black’s paper of objections. These were the words: “Coercing a State by force of arms to remain in the Confederacy—a power which I do not believe the Constitution has conferred upon Congress.” This was the same criticism which Judge Black had made upon the message of December 3d, in which none of his colleagues had agreed with him. He now renewed the objection, representing to the President that the words were too vague and might have the effect (which he was sure the President did not intend) to mislead the commissioners concerning his sentiments. Judge Black’s criticism was that to coerce the inhabitants of a State to obey the laws of the United States, a power which the President had always asserted, and meant still to assert, was in one sense to coerce the State to remain in the Union.

Another thing which Judge Black and his two colleagues deprecated was that the President’s answer should contain the most remote implication that Major Anderson acted without authority in removing his force to Fort Sumter. But what there was in the President’s draft of an answer to give rise to such an implication does not appear.

I should not have adverted to these objections to the President’s proposed answer to the South Carolina commissioners, if Judge Black’s paper of objections to it had not been given to the world; nor should I have deemed it necessary to consider or describe anything but the official answer that was actually sent. I hold that a supreme ruler, who acts with constitutional advisers, is entitled to be judged in history, not by what he may have written but did not use, nor by the greater or less necessity for a different paper, nor by the advice or the assistance which he received; but that he should be judged by his official act. But as this difference between President Buchanan and three members of his cabinet in regard to this particular paper, led to what has been called a “cabinet crisis,” and as the objections submitted to him have been published, it is my duty to meet the whole occurrence squarely and directly.

It might be an interesting inquiry, how far a “cabinet crisis” had become necessary. But of this, the gentlemen who composed the cabinet were entitled to judge, because their personal honor and patriotism were involved in the question of their remaining in the cabinet, if they believed that the President was about to change his policy. They appear to have at first supposed that the President, after South Carolina had adopted an ordinance of secession, was about to make such a change in his policy as would virtually reverse his position, and would finally lead to an admission of the right of secession, a result which would inevitably destroy him and his administration. In this, it is certain that they were mistaken. The President had not contemplated any such change in his position. I am justified in asserting this strongly.

Only four days before this cabinet crisis culminated, the President wrote a private letter to an editor in Washington whose paper was supposed to be his organ, strongly rebuking him for an editorial article favoring secession, and informing him that he (the President) must take steps to make known in some authentic way that the paper was not an organ of his administration.

Further than this, in every interview which the President had held before the 29th December, with any persons claiming to represent the people of South Carolina, he had uniformly and firmly declared that on the vital point of withdrawing the troops and surrendering the forts, he should make no concession whatever. But between the 17th and the 21st of December, an occurrence took place, which has a most important bearing upon the question whether the President had, before the 29th of December, determined to make any change in his attitude towards the people and authorities of South Carolina.

It will be remembered that the South Carolina ordinance of secession was adopted on the 20th of December. Before that time, however, the Governor of South Carolina, Mr. Pickens, saw fit to send a special messenger to Washington, with a letter from himself to the President, written at Columbia on the 17th of December, demanding that Fort Sumter be delivered into his (the Governor's) hands. This letter was written eight days before Major Anderson’s removal to Sumter.[[89]] The following memorandum in the President’s handwriting describes what took place when the Governor’s messenger arrived in Washington:

On Thursday morning, December 20th, 1860, Hamilton, late marshal of South Carolina, sent especially for this purpose, presented me a letter from Governor Pickens, in the presence of Mr. Trescot, dated at Columbia, South Carolina, 17th December (Monday). He was to wait until this day (Friday afternoon) for my answer. The character of the letter will appear from the answer to it, which I had prepared. Thursday night, between nine and ten o'clock, Mr. Trescot called upon me. He said that he had seen Messrs. Bonham and McQueen of the South Carolina delegation; that they all agreed that this letter of Governor Pickens was in violation of the pledge which had been given by themselves not to make an assault upon the forts, but leave them in status quo until the result of an application of commissioners to be appointed by the State was known; that Pickens, at Columbia, could not have known of the arrangements. They, to wit, Bonham, McQueen, and Trescot, had telegraphed to Pickens for authority to withdraw his letter.

Friday morning, 10 o'clock, 21st December.—Mr. Trescot called upon me with a telegram, of which the following is a copy from that which he delivered to me:

December 21st, 1860.—You are authorized and requested to withdraw my letter sent by Doctor Hamilton immediately.