[Inclosure C.]

EXECUTIVE OFFICE,

Little Rock, Ark., February 7, 1861.

Captain JAMES TOTTEN, U. S. Army,

In charge of U. s. Arsenal, Little Rock:

SIR: Your communication of the 6th instant (yesterday), propounding to myself certain propositions, explicit and detailed answers to which would have great influence upon you in your answer promised the governor of Arkansas by 3 p. m. to-day, was received at about 11 o'clock this morning.

After mature reflection I propose to accept yours first, second, and third propositions, with the following understanding: That being informed your command brought no cannon with you-so none are to be taken away. You shall have a safe passage out of the State in any direction you may please with your command, provided, however, you do not station yourself within the limits of the State of Arkansas or on the borders thereof.

Whatever your command, either of private or public property, brought with them you will be permitted to take away.

I have the honor to be, captain, respectfully, your obedient servant,

HENRY M. RECTOR,

Governor of Arkansas.

[Inclosure D.]

LITTLE ROCK, ARK., February 8, 1861.

Memorandum this day made and signed by James Totten, captain of Second Artillery, in the Army of the United States, and Henry M. Rector, governor of the State of Arkansas.

This paper, marked A,* signed by us, is the demand made by the governor upon Captain Totten for the deliver of the U. S. Arsenal at this place to the State authorities. the paper marked B, signed by us, is a copy of the response of Captain Totten to that communication. The paper marked C, signed by us, is the response of the governor accepting, as therein stated, the terms of the paper B.

It is further witnessed, that on this day, at the hour of 12 m., said Captain Totten, with his command, doth retire from said arsenal, and delivered the same, with all its sores, arms, and monitions of war, intact, to the governor of Arkansas, pursuant to the tenor and purport of said papers A, B, C. And the said Captain James Totten protests that he had thus acted because in the presence of a greatly superior armed force, and which he became satisfied would soon become overwhelming by re-enforcements in case of resistance, involving the sacrifice of his command, without regard to the probable loss of life on the part of the assailants; because any defense of the arsenal in the city of Little Rock, whether successful or unsuccessful, would necessarily involve, to a greater or less extent, the destruction of property in the city, and the loss of lives of the peaceful citizens and families dwelling therein; because, being without instructions from his Government, he took, of necessity, the responsibility of doing what he thought proper and best under all the circumstances, desiring to avoid cause of civil war in this Government, by the first instance of a hostile and bloody collision, yet

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*See inclosure A to Totten to Cooper, February 6, p. 640.

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