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His resignation as Secretary of War, on December 29, 1860, was precipitated by the refusal of Buchanan to order Major Robert Anderson to abandon Fort Sumter, which eventually led to the start of the war.
On January 27, 1861, he was indicted by the District of Columbia grand jury for conspiracy and fraud.
Floyd appeared in criminal court in Washington, D. C., on March 7, 1861, to answer the charges against him.
According to Harper's Weekly, the indictments were thrown out.

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