Arrived in the City Hall, the commissioners presented a demand signed by the commander, for unconditional surrender of the city. The Mayor and his advisers read it, and turned to the soldiers.
“What does this mean?” asked the Mayor, pointing to a clause that called for the surrender of all fortifications with troops and munitions of war. “We possess no fortifications.”
“It means Forts Hamilton and Wadsworth, on the Narrows,” answered the Chief Commissioner.
“But those are United States property,” said the Mayor. “We have no authority over them.”
“Then I should advise you to consult with the commandant of these places at once,” answered the Commissioner. “Their surrender is an indispensable condition in the terms of capitulation.”
The Mayor reached for the telephone. “Stop all other business, however important,” he said to the operator. “Connect me with the Commandant at Fort Hamilton.”
His conversation with that officer was brief. “He declines absolutely to surrender any part of the defenses or other government property,” he reported.
“Then, sir,” said the officer, rising, “I regret to inform you that we shall shell the city. We are authorized to give you twenty-four hours. Precisely at the end of that time, we shall order the firing to begin. I call your attention to the fact that our artillery, as at present placed, commands the Borough of Manhattan to about 59th Street, and that our guns in Brooklyn command a great part of the most valuable sections of that borough. You will take note, also, that guns on the vessels anchored in the river can sweep both the New York and Brooklyn streets.”
“But,” exclaimed an old Judge who was on the Citizens’ Committee, “we are willing to surrender the city without opposition. As a matter of fact, it lies wide open to your entrance. You cannot possibly mean to bombard an undefended and unfortified town!”
Without hesitation the officer drew a paper from his pocket and presented it. It read: “The City of New York, having Forts Hamilton and Wadsworth not only within its harbor limits, but actually within its municipal limits, is plainly a fortified place under all accepted definitions. Also, while troops occupy these forts the town clearly falls under the definition of a ‘defended place,’ under the clause that ‘a place that is occupied by a military force is a defended place.’”[148]