,57/^ 
 
E 532 
 .S766 
 Copy 1 
 
 DOCUMENTS. 
 
 109 
 
 power, consistently with his instructions, to i^rc- 
 serve peace and order. 
 
 "He is, however, compelled to recognize the 
 existence of a rebellion in a portion of the United 
 States; and, in view of it,, me stands upon the 
 proclamation of the President, itself based upon 
 the law and the Constitution of the United States. 
 " The proclamation commands the dispersion 
 of all armed bodies hostile to the supreme law 
 of the land. 
 
 " General Harney sees, in the Missouri Military 
 Bill, features which compel him to look upon 
 such armed bodies as ma}'' be organised under 
 its provisions, as antagonistic to the United 
 States ; within the meaning of the proclamation, 
 and calculated to precipitate a conflict between 
 the State and the United States troops. 
 
 '' He laments this tendency of things, and most 
 cordially and earnestly invites the cooperation of 
 General Price to avert it. 
 
 "For this purpose, Getieral Harney respect- 
 fully asks General Price to review the features 
 of the bill in the spirit of law, warmed and ele- 
 vated by that of humanity, and seek to discover 
 some means by which its action may be suspend- 
 ed, initil some competent tribunal shall decide 
 upon its character. 
 
 " The most matorial features of the bill calcu- 
 lated to bring about a conflict are, first, the oath 
 required to be taken by the militia and ' State 
 Guards,' (an oath of allegiance to the State of Mis- 
 souri, withotit recognising the existence of the 
 (rovernment of the United States,) and, secondh", 
 the express requirement, by which troops within 
 the State, not organized under the provisions of 
 the Militar}'^ Bill, are to be disarmed by the State 
 Guiirds. 
 
 "Gen. Harney cannot be expected to wait a 
 siunmons to surrender his arms, from the State 
 Guards. 
 
 "From this statement of the case, the true 
 question becomes immediately visible and cannot 
 be shut out of view. 
 
 " Gen. Price is earnestly requested to consider 
 this ; and Gen. Harney will be happj'' to confer 
 with him on the subject whenever it may suit his 
 convenience." 
 
 Doc. 21. 
 THE TEXAS TREASON. 
 
 A PAPER READ BEFORE THE NEW-YORK HISTORICAL 
 SOCIETY, JUNE 25, 1861, BY MAJOR J. T. SPRAGCE, 
 UNITED STATES ARMY. 
 
 It is to me, Mr. President, a source of gratifi- 
 cation and pleasure in being invited to address 
 this time-honored Association, and to be instru- 
 mental in depositing with you facts and incidents, 
 peculiar and striking in their character, which 
 will in time to come, when the historian shall 
 gather up the records of the past, fill his mind 
 with astonishment, as well as with sorrow and 
 regret. It is not often, my countrymen, that one 
 of my profession is found in the position occupied 
 by myself here to-night ; indeed, I feel a degree 
 of embarrassment almost unsurmountable, but 
 Si;p. Doc. 7. 
 
 in the midst of the perils and revulsions now agi- 
 tating our country, men must expect to appear 
 in new relations ; and it becomes every one's 
 duty to summon the energy of his head and his 
 heart, to meet the trials incident to the occasion. 
 With all this, I feel to-night a degree of sadness 
 and sorrow, as well as gratification — sadness 
 and sorrow, that the incidents which have trans- 
 pired around me within the past three months, 
 occurred within the circumference of own once 
 peaceful and happy land — gratification that I am 
 again under the folds of our long-cherished ban- 
 ner, and within the sound of the cheerful voices 
 of freemen. Strange and inconsistent as it may 
 seem, I am here to-night a prisoner — a piisoner 
 of war in the hands of my own counti-ymen — a 
 prisoner on parole, made so by usurpation and the 
 stern hand of military power and authority ; and 
 I owe to myself, to my companions, to my coun- 
 try, and to history, to state as succinctly, and as 
 briefly as possible, the unfortunate and disastrous 
 events leading to this result. Humiliating, in- 
 deed, is this necessity to soldiers of well-tried 
 loyalty, when finding their acts impugned and 
 misunderstood by many of their countrymen, 
 who denounce the enemy as rebels, and disclaim 
 their right to demand of prisoners the usages of 
 civilised warfare. 
 
 Eighteen years, out of twenty-four, my mili- 
 tary duties have been confined to the South. 
 From the hummocks and everglades of Florida, 
 to the frontiers of Georgia, Alabama, the Creek 
 and Cherokee country, Arkansas, Texas and New- 
 Mexico, my time and services have been devoted 
 to the protection of citizens and their property. 
 With the abundant resources of the Government, 
 together with the toils and privations of officers 
 and soldiers, security was at all times given to 
 homes, to helpless women and children, to the 
 enterprising frontiersmen, against the bold and 
 relentless savage, seeking vengeance upon the in- 
 nocent and unoffending. 
 
 Texas was to me a section of peculiar interest. 
 The delightful climate, and the warm and genial 
 fellowship of her citizens, gave to our associations 
 there a strong and ardent attachment. I arrived 
 in San Antonio in the spring of Forty-nine, when 
 pestilence was desolating the land, brave men 
 trembled,- and the timid fled. It was then, when 
 the soldier and citizen stood side by side in the 
 fearful conflict, and unitedly wept over the graves 
 of many cherished friends and companions ; we 
 loved to linger around the resting-place of those 
 whose virtues and example cheered and alleviat- 
 ed the toils and perils of a soldier's life. After 
 ten years' service, I found m3rself rudely expelled 
 from the land so ardently cherished. Political 
 sentiments had corrupted the public mind. The 
 pestilential atmosphere of secession had crept 
 into the hearts of well-tried citizens. The dark 
 wing of rebellion hovered over this enterprising 
 and prosperous State, poisoning the public mind, 
 causing a bitter animosity to all those who es- 
 poused the cause of our common country. 
 
 The comljination of political events, treason, 
 and bad faith, culminated with such fearful ra- 
 
 

 
 110 
 
 REBELLION' RECORD, 1860-61. 
 
 pidity that friends were turned into active and 
 uncompromising foes. The officers and soldiers 
 soon found themselves prisoners of war in the 
 hands of their countrymen — as humiliating- to 
 them as it has been found embarrassing to our 
 Government. Safe -guards were placed in our 
 hands, to insure safe conduct out of Texas, and 
 through the confederated States. Had these dis- 
 astrous and most humiliating events been attri- 
 butable to our own acts, or had we been taken 
 prisoners upon the battle-field, we woidd not com- 
 plain ; but thus to be sold into bondage, through 
 acts of traitors, and by usurpation, is too much to 
 be quietl}' endured, and we are not willing to be 
 crushed without an appeal to our countrymen, to 
 vindicate our cause, and to record historically 
 our fidelity to the Union. 
 
 Twenty-four years I have seen the flag of our 
 country go up and come down with the rising 
 and setting sun, guaranteeing peace and ])rosper- 
 it}'' throughout the land. I have seen it in a for- 
 eign land, surmounting the white wings of com- 
 merce, commanding the homage of the world. I 
 have folded its Stars and Stripes upon the breast 
 of many a cherished comrade and friend. I have 
 carried it from the Mississippi River to the Rocky 
 Mountains, surrounded by our laws and insti- 
 tutions, when the emigrant mother, with her 
 little brood, would hover beneath its folds, as 
 night closed in upon the distant plain, and rest 
 in peace and security. I have seen it in the dark 
 hour of peril, when doubts and fears hung upon 
 the conflict, and greeted its returning raj's with 
 victory perched upon its eagles. 
 
 In narrating events that have come under my 
 observation, it is not my desire or design to wound 
 the pride or feelings of any one. There are doubt- 
 less those within the sound of my voice, who 
 are identified with individuals conspicuous in the 
 events now passing around us. Men, who by 
 word or deed appear upon the stage of public life, 
 must e.vpect criticism, often severe, sometimes 
 unmerited. The unfortunate but unavoidable 
 conflict, now convulsing our country, tears asun- 
 der the ties of kindred and affection. AVarm 
 hearts and tried fiiendships arc shocked with the 
 epithet of rcl)el anil traitor. My determination 
 is to state fticts, and leave to public opinion and 
 to history the merited condemnation or praise. 
 
 There is no section of our country so strikingly 
 illustrative of the peculiar characteristics of our 
 people as the State of Texas. Within her limits 
 are citizens from every State in the Union, as 
 well as large numbers from foreign countries. 
 They bring with them the habits and sentiments 
 peculiar to their homes, and thus, unitedly, form 
 the basis of a hardy, vigorous, intelligent popu- 
 lation. The State is divided into, and is well 
 known as, Fiastern and Western Texas. The for- 
 mer extends from Austin, the capital, to the Sa- 
 bine River, well adapted to slave labor, produce- 
 ing cotton, sugar, and tobacco. The latter com- 
 mences at San Antonio, comprising the country 
 to the Rio (Jrande, thence down to the coast of 
 the Gulf of Mexico. Corn is raised in large quan- 
 tities, and the wide range of prairie-land induces 
 
 capitalists to embark extensivclj' in the raising of 
 cattle, horses, and mules. The German popula- 
 tion is large, and distinguished for intelligence 
 and industry, and their opposition to slave labor, 
 and for which, by recent events, they have been 
 severely punished. The active hostility of In- 
 dians upon this frontier so many years, has been 
 the means of inuring the settlers to privations 
 and dangers, and creating a roving and daring 
 class of men known as Texas Rangers. As it is 
 generally supposed an American is born a soldier, 
 so, in this section, every man is, by inheritance, 
 a Texas Ranger. A\lth his horse, rifle, and pow- 
 der-horn, and ten days' subsistence in his saddle- 
 bags, he takes the field, confident of success. The 
 Ranger of the present daj^, however, is but an 
 imitator of those brave and resolute men, the 
 pioneers of Texas, now extinct. Within the 
 State there is a secret association, known as the 
 " K. G. Cs. " — Knights of the Golden Circle. 
 The headquarters are in San Antonio. In every 
 county there is a place of assemblage called the 
 Castle. Generals, colonels, major,s, and captains 
 are assigned to the various stations. Meetings 
 are called, by orders from headquarters, and the 
 utmost promptness and system distinguish their 
 proceedings. The initiation fee is one dollar : 
 five degrees are conferred — divulging the designs 
 of the order costing thirty dollars.* The funds 
 are placed in the hands of a treasurer, and ap- 
 plied, vuider the direction of a select committee, to 
 the purchase of arms, accoutrements,'and ammuni- 
 tion. It is estimated, by competent authority, 
 that eight thousand men can be brought into the 
 field at four days' notice, well equipped. With 
 this display of force, and the harmony and se- 
 crecy distinguishing the order, they hold in sub- 
 jection the sentiments and conduct of the entire 
 population of the State. At the Castles reports 
 are made in regard to individuals, their conduct 
 and opinions, and transmitted, for final action and 
 investigation, to the headquarters.* 
 
 The cordon of military posts along the fiontier 
 of Texas, W'as established in the month of March, 
 1849. To sustain these there has been expended, 
 annually, within the State, fi-om one million si.x 
 himdred thousand to two millions four hundred 
 thousand dollars. The line extends from Red Riv- 
 er to the Rio Grande, thence down the river to Fort 
 Brown, opposite the Mexican town of Matamoras. 
 The distance is about fourteen hundred miles. 
 Forts Worth, Cobb, Cooper, Chadbourne, Belknap, 
 McKevitt, Bliss, Quitman, Lancaster, Stockton, 
 Hudson, Clarke, Duncan, Mcintosh, Ringgold, 
 and Camp Yerde, arc the most important posi- 
 tions, at which are stationed from fifty to one 
 hundred and fifty men, artillery, cavalry, and in- 
 fantry. In the vicinity, are detached camps, de- 
 signed to intercept Indian war parties, going to 
 and from Mexico, and from the settlements. San 
 Antonio is the head(]uartcrs of the department, 
 as well as the general depot of supplies. The 
 nearest port to San Antonio is Camp A\'rde, six- 
 ty-five miles ; the most distant. Fort Bliss, six 
 
 * The object of this institution is the protection and exten- 
 sion of slavery. 
 
DOCUMENTS. 
 
 Ill 
 
 hundred and seventy-five miles. The other sta- 
 tions vary from one hundred and forty miles to 
 four hundred and fifty, and from each other from 
 eighty to one hvmdred miles. The communication 
 is kept up by horse expresses, consisting, gener- 
 ally of four or six men, according to the activity 
 and hostility of the Indians. San Antonio is one 
 hundred and fifty miles from Indianola, ihoentre- 
 j)ot upon the coast, or Matagorda Bay. The ag- 
 gregate number of the United States troops with- 
 in the department of Texas, in February last, 
 was two thousand five hundred and fifty, and 
 sixty - two commissioned officers, consisting of 
 cavalry, artillery, and infantry. 
 
 On the fifth of December, 1860, Brevet Major- 
 Gen. David E. Twiggs, U. S. Armj-, arrived at 
 Indianola, Texas, and, by orders fi'om Washington, 
 assumed command of this military district, known 
 as the Department of Texas. For two years he 
 had resided in New-Orleans, La., retired from ac- 
 tive military duties, owing to age and impaired 
 health. Forty-eight years he had been in the 
 service of the Federal Government. Nature had 
 endowed him with a sagacious and active mind, 
 far higher than witli that element so essential to 
 a soldier. Caution and self-preservation distin- 
 guished his career in the army. Upon reaching 
 Indianola, he expressed to the citizens his opin- 
 ions as to the critical situation of the countr}^, 
 owing to the election of Abraham Lincoln as 
 President of the United States. Leaves of ab- 
 sence were tendered officers of the army, to the 
 full extent of his authority, with the avowed ob- 
 ject that they might repair to their various States 
 and attend to their professional interests, declar- 
 ing, at the same time, " the Union at an end in 
 less than sixty days, and if they had pay due 
 them to draw it at once, as it would be the last." 
 These sentiments were promulgated throughout 
 Texas, with a corresponding degree of excite- 
 ment and malignitj'', suited to the tastes and 
 habits of a class of men there, seeking distinction 
 and office upon the ruins of their countr}'. The 
 position he occupied, the patronage and resources 
 of the General Government in hand, together 
 with the general belief, that under his auspices 
 and advice, the officers and soldiers of the army 
 would espouse his cause, good and patriotic citi- 
 zens were misled, and induced to look upon seces- 
 sion as the only remedy from apprehended evils 
 in the dissolution of our Government. Upon 
 reaching San Antonio, steps were immediatclj^ 
 taken to destroy the power and energy of this 
 military department, as had been the example in 
 Washington City, by conspiracy, robbery and 
 fraud. Officers were invited, solicited, to flee 
 from the dissolving Government, and the private 
 soldier counselled as to the policy of his adhering 
 to a service represented to be so doubtful in char- 
 acter, both in regard to permanency and pay. 
 The means of transportation were cut off at all 
 the posts, and the amount of ammunition and 
 subsistence reduced to the consumption from 
 week to week. During the months of February 
 and March, there was not a command in Texas 
 able to move one hundred miles from its post, for 
 
 the want of animals, wagons, and subsistence. 
 Such a procedure, together with the unreserved 
 avowal of State sovereignty, and a general denun- 
 ciation of Federal authority on the part of the 
 Department Commander, Texas had only to make 
 the necessary preliminary arrangements having 
 the semblance of law, when the property of the 
 General Government would fall into her hands 
 without remonstrance, on the exhibition of a reg- 
 ular force. The officers and soldiers, instead of ' 
 being concentrated at San Antonio for the secu- 
 rity of public supplies, were helpless at the dis- 
 tant posts, and had no knowledge of what had 
 transpired until orders came to abandon the 
 country. 
 
 The following document, the "Report of the 
 Committee on Public Safety," give, in detail, the 
 steps taken to perfect these treasonable designs, 
 together with the arrangements made for the de- 
 parture of the United States troops out of Texas : 
 
 REPORT NO. 1. REPORT OF COMMITTEE OF PUBLIC 
 
 SAFETY. 
 
 CoM5iiTTEE-RooM, March 6, 1801. 
 
 To the Hon. 0. M. Eoherts^ President of the Con- 
 tention : 
 
 The Committee on the Public Safety, beg leave 
 to submit through you, to the Convention of the 
 People, the following report in detail of the nu- 
 merous and important matters which were con- 
 fided to them, both during the sitting of the Con- 
 vention, and during the recess from the adjourn- 
 ment on the fifth day of February, and the re- 
 assembling of the same, on the second day of 
 March. 
 
 After the passage of the Ordinance of Secession, 
 by the Convention, the Committee, believing that 
 it would be of the highest importance to secure, 
 to the State of Texas, the property belonging to 
 the United States, then within the State ; that 
 the public safety demanded that Texas should 
 have control of the arms and munitions of war 
 within her limits, it was too manifest for the Com- 
 mittee to hesitate as to their duties on this sub- 
 ject. The policy of coercion, it was believed, 
 would be adopted by the incoming Administra- 
 tion of the late United States Government, and 
 with about two thousand eight hundred United 
 States regular troops, stationed at different points 
 in the State, all of whom were well supplied with 
 arms and ammunition, the Committee believed 
 their presence, under the command and control of 
 United States officers, was dangerous to the wel- 
 fare and safety of the State, especially if they re- 
 mained here without change, until secession of 
 the State of Texas became a finality. 
 
 It was also believed by the Committee, that 
 although many of the army officers in command, 
 in the Eighth Military District of the State erf 
 Texas, would never consent to use the militaiy 
 forces, under their command, against the people 
 of Texas, jet the Committee did not know, and 
 could not, how soon the friends of the South might 
 be superseded, and our enemies placed in their 
 stead. In view of these facts, and the fact that 
 Texas was justly entitled to her share of the pub- 
 
112 
 
 REBELLIOX EECORD, 18f.0-Cl. 
 
 lie property, and in view of the fact that Texas 
 was without arms for her defence, the Committee, 
 under the authority of an ordinance of the Con- 
 vention, passed the second of February, 1861, 
 proceeded to set on foot a plan for obtaining pos- 
 session of the United States property, and for the 
 removal of the United States troops from Texas. 
 The following is a copy of said ordinance : 
 
 Resolution of the Convention conferring Author- 
 ity on the Committee of Piihlic Safety. 
 
 Resolved, By the people of the State of Texas, 
 by Delegates in Convention assembled, that should 
 the Standing Committee of Public Safety deem it 
 essential to the public safety to appoint Commis- 
 sioners, officers or persons, in reference to taking 
 possession of any of the Federal property, within 
 the limits of this State, they shall have power to 
 appoint such, and assign them their duties, and 
 give them the instructions under which they shall 
 act ; but this power shall only extend to such 
 cases in which the Committee may deem prompt 
 action and secrecy absolutely necessary. 
 
 That a copy of this resolution, signed by the 
 President of this Convention, and the appoint- 
 ments and instructions, signed by the Hon. John 
 C. Piobertson, Chairman of said Committee, shall 
 be full authority to the person, or persons, acting 
 under the same, and a full justification for all 
 acts done in pursuance thereof. 
 
 Adopted second February, a.d. ISGl. 
 
 Preparatory to the appointment of officers and 
 Commissioners, under said ordinance, and to in- 
 sure secrecy, as against tlie enemies of the coun- 
 tr}', the following proceedings were had by the 
 Committee : 
 
 On the third of February, 1861, it was moved, 
 and adopted by the Committee, that all officers, 
 appointed by this Committee, should be elected 
 1)}' ballot, and the Commissioners above named 
 were so elected. 
 
 Monrliiy, 4th February, 1 SOI. 
 
 The following oath was proposed, and adopted 
 by the Committee, to be administei-ed to each of 
 the Committee, and all officers and agents em- 
 ployed by it: 
 
 " I solemnly swear that I will keep secret all 
 the councils of this Counnittee, and all their pro- 
 ceedings ; that I will also keep secret all the or- 
 ders, ix'solutions and instructions from them that 
 may be counnitted to me; that I will not divulge 
 them or any of them, to any person whatever, 
 unless I am authorized to do so by the said Com- 
 mittee. 
 
 " I further swear that I will true allegiance 
 bear to the State of Texas, and faithfully execute 
 the orders and instructions committed to me by 
 the Convention, so far us in me lies, so help me, 
 God." 
 
 The Convention, in view of the fact that the 
 business before the Committee could not be done 
 during the sitting of the Convention, passed the 
 following ordinance, requiring tiiem to continue 
 in session during the recess of the Convention : 
 
 Resolution giving Power to the Committee to sit 
 
 during Recess, etc. 
 
 Resolved, That the Standing Committee of Pub- 
 lic Safety shall continue in session during the re- 
 cess of this Convention ; that they hold their 
 meetings at such times and places as in their 
 judgment the public interest requires ; that said 
 Committee may grant leave of absence to its mem- 
 bers, provided such leave of absence shall not re- 
 duce the number left to a less number than nine. 
 
 Resolved, That said Committee shall keep a 
 full and accurate journal of their acts, in a well- 
 bound book, and report the same to the Conven- 
 tion on the reassembling thereof on the second 
 day of March next. 
 
 Adopted February fourth, 18G1. 
 
 On the third day of February, 1861, the Com- 
 mittee, having been informed that Gen. Twiggs, 
 who was then in command of the Eighth ^lilitary 
 District in Texas, with headquarters at San An- 
 tonio, was a Southern man by birth, and friendly 
 to the cavise of the South, and would in all prob- 
 ability surrender up to the Convention all the 
 Federal property under his control, on demand 
 being made,- passed the following resolution, 
 with the hope that civil commissioners might ac- 
 complish the purpose of the Committee, without 
 the display of an armed force : 
 
 Resolved, That Sam. A. Maverick, Thomas J. 
 Devine, Philip N. Luckett and James II. Rogers, 
 be appointed Commissioners to confer with Gen. 
 D. E. Twiggs, with regard to the public arms, 
 munitions of war, etc., under his control, and be- 
 longing to the CJovernnient of the United States, 
 with power to demand and remove the same, in 
 the name of the State of Texas, and that said 
 Commissioners be clothed with full power to carry 
 into effect the powers herein delegated, and re- 
 tain possession of such ai'ms, munitions, stores, 
 etc., subject to the order of the Convention of 
 the People of the Slate of Texas, and report their 
 acts and doings in the premises, to the Committee 
 on Public Saiety. 
 
 Pursuant to this resolution, the following com- 
 mision was issued to T. J. Devine, Sam. A. Ma- 
 verick, P. N. Luckett, and James II. Rogers, 
 clothing them with authority as therein set forth, 
 and with the authenticated copies of the ordin- 
 ance of the Convention raising the Committee on 
 Public Safetj^,- and clothing them with powers to 
 appoint Commissioners, etc., and their authority, 
 to exhibit to Gen. Twiggs. 
 
 State of Tkxas, County of Travis. 
 
 By virtue of the authority vested in the Com- 
 mittee of Public Safety, as appears in the forego 
 ing resolution, adopted by the Convention of the 
 People of Texas, assembled in the city of Austin, 
 on the twenty-eighth day of January, 1801 — 
 
 You, T. J. Devine, Samuel A. Maverick, P. N. 
 Luckett, and James II. Rogers, are hereby ap- 
 pointed Commissioners to visit Major-Gen. Twiggs, 
 conunanding the Eighth Military Division, sta- 
 tioned at San Antonio, and confer with him in the 
 name and by the authority of the people of Texas 
 
DOCUMENTS. 
 
 113 
 
 in Convention assembled, to demand, and receive, 
 and receipt for all military, medical, commissary 
 and ordnance stores under his control, within the 
 limits of the State of Texas, exercising all due 
 discretion for the securing and safe keeping of the 
 same. To be held by j-ou without diminution 
 or injury, subject to the order of the Committee 
 of Public Safety, and in obedience to the provi- 
 sions of such rules or ordinances as the Conven- 
 tion may prescribe. 
 
 Given under my hand, and by order of the 
 Committee of Public Safety, at the city of Aus- 
 tin, February fifth, 1861. J. C. Robertson, 
 
 Chairman Committee of Public Safety. 
 
 [Attest] Thomas J. Lubbock, 
 J. A. Gkeen. 
 
 But lest Gen. David E. Twiggs should decline 
 to surrender the Government property to the 
 Commissioners, and delay might prove flital to the 
 enterprise, the Counnittee thought it prudent to 
 elect Col. Ben. McCuUoch to the military rank of 
 colonel of cavalry, and commission him accord- 
 ingly, which they did. The following is a copy 
 of liis commission : 
 
 AuSTiu, Texas, February 3, 1861. 
 
 The Committee do hei-eby appoint you, Ben. 
 McCuUoch, military officer, and order you to hold 
 yourself in readiness to raise men and munitions 
 of war, whenever called on by the Commissioners 
 to San Antonio, and to be governed as directed 
 by the secret instructions, given said Commission- 
 ers concerning said command, and you will sta- 
 tion yourself at the residence of Henry McCul- 
 loch, and await the communications of said Com- 
 missioners, or the Committee of Public Safet}'^. 
 J. C. Robertson, 
 Chairman Committee of Public Safety. 
 
 The Civil Commissioners to San Antonio, T. J. 
 Devine and others, were also furnished with se- 
 cret instructions, to be followed bj^ them should 
 Gen. David E. Twiggs refuse to turn over to them 
 the Government property. The following is a 
 copy of said secret instructions : 
 
 Committee-Room, Austin, February 6, 1861. 
 
 The Committee met at nine o'clock a.m. Roll 
 called ; quorum present. 
 
 The following instructions were presented to 
 the Committee, and adopted : 
 
 To Messrs. Samuel A. Mavericlc, Thomas J. De- 
 vine^ Philip iV". Luchett^ and James H. Rogers : 
 Gentlemen: The resolution of the Committee 
 of Public Safety, by which you were appointed, 
 gives the outline of your authority and duty. 
 You are sensible that the trust reposed is of the 
 highest responsibilitJ^ and involves the most deli- 
 cate and important duties. In the discharge of 
 that trust you will be governed by the following 
 instructions : 
 
 I. You will repair immediately t,o San Antonio, 
 the headquarters of Gen. Twiggs, in command of 
 this department. You will ascertain from him 
 his sentiments in regard to the existing state of 
 affairs, and the position he intends to occupy in 
 
 reference to the withdrawal of Texas from the 
 Federal Union. If he informs you that he in- 
 tends to remain in the service of the Federal Gov- 
 ermcnt, and execute its orders against Texas, no 
 further friendly conference with him will be de- 
 sirable, and you will be governed in your con- 
 duct as hereinafter instructed ; but if, on tlic 
 other hand, he should express a determination 
 not to remain in the service of the Federal Gov- 
 ernment after the fourth of ^larch next, then 
 
 II. You will learn from him the terms and 
 conditions upon which he will render up to the 
 people of Texas tlie arms and public property 
 under his control in Texas, or if he should sug- 
 gest to you a plan for the peaceable accomplish- 
 ment of that object, you are directed to adopt and 
 observe such suggestions, if deemed by you prac- 
 ticable, and act in accordance with it. If, how- 
 ever, he should decline suggesting any plan of ac- 
 tion, you will then, 
 
 III. Demand of him in the name and by the 
 authority of the sovereign people of the State of 
 Texas, a surrender of all the arms of every de- 
 scription, including quartermaster, commissaries, 
 ordnance and medical stores, and military stores 
 of every description, and money and ever3rthing 
 else under his control belonging to the Federal 
 Government. 
 
 IV. Should a display of force become necessa- 
 ry in order to make the demand, you will direct 
 Col. Ben. McCuUoch to call out and take the com- 
 mand of such force of the volunteer and minute 
 men of the State as will be necessary for that pur- 
 pose, and then repeat the demand ; and, then, if 
 the demand should be complied with, you will 
 take charge of everything turned over to you, 
 taking a complete inventory, and executing all 
 necessary receipts. You will do everything in 
 your power to avoid any collision with the Feder- 
 al troops, and to effect the peaceable accomplish- 
 ment of your mission, and for this purpose he 
 shall obey your instructions. 
 
 V. If Gen. Twiggs should indicate a desire not 
 to turn over to you such military stores, arms, 
 and other public jii'operty, until after the second 
 of March next, but a readiness to do so then, you 
 will then enter into an agreement to the effect 
 that everything under his command shall remain 
 in ^^ statu quo''' until that period — that no move- 
 ment, change of position or concentration of the 
 troops under his command will be allowed, that 
 none of the arms, ordnance, commissary or mili- 
 tary stores or other property shall be removed 
 or disposed of If he refuses to make such ar- 
 rangements, you will see that no such movement, 
 change, concentration or removal, shall take place, 
 and you are authorized to use every means to 
 prevent the same. 
 
 VI. If, after conferring with Gen. Twiggs, j-ou 
 should be of opinion that military force is neces- 
 sary^, you will immediately proceed to assemble 
 the same and communicate by express to this 
 Committee. Should the property be turned over 
 to you, you will employ all the necessary clerks 
 and other persons to take charge of the same. 
 You wiU also raise a military force of volunteers 
 
114 
 
 REBELLIOiSr RECORD, 1860-61. 
 
 or minute men, to p;nard the same safely while it 
 shall be controlled by you. 
 
 You arc instructed to take the most special care 
 that nothing shall be wasted or destroyed, but 
 that everything be faithfully guarded and held for 
 the use of the State, and to be accounted for. 
 
 "Whatever military force that shall be raised, 
 must be kept in strict subordination ; and no vio- 
 lation of person or property of any person must 
 under any circumstances be allowed. 
 
 If, after your arrival at San Antonio, circum- 
 stances shall occur which are not covered by the 
 foregoing instructions, you will immediately re- 
 port to the Committee for farther orders, unless 
 they be so urgent as not to admit of delay, in 
 which event you must use j^our discretion, but 
 immediately report )'our course of action. 
 
 You will take all pains to ascertain the tone 
 and temper of the officers and men of the Federal 
 army, and may give them the assurance of the 
 influence of Texas in securing to them the same 
 or higher grades in the service of the Southern 
 Confederacy, as those now held by them, if they 
 are inclined to accept the same. 
 
 Take every pains to conciliate them and attach 
 them in sentiment to the cause of Texas and the 
 South. 
 
 You will avoid every appearance of making a 
 proposal to Gen. Twiggs, or any other officer un- 
 der his command, which would wound a soldier's 
 pride and honor. They should, however, be re- 
 minded that they have been stationed in Texas 
 for the protection, and not the subjugation of her 
 people, and that patriotism is incompatible with 
 waning against the liberties of their fellow-citi- 
 zens. 
 
 You are specially charged, in the performance 
 of the service assigned you, that you will do 
 nothing that will conflict with the powers herein 
 conferred. You will from time to time make full 
 and complete reports to this Committee. 
 
 J. C. ROBEKTSOX, 
 Chairman Committee of Public Safety. 
 
 Vested with the authority contained in the 
 commission and secret instructions, three of the 
 Commissioners, to wit : T. J. Devine, Sam Ma- 
 verick, and N. P. Luckett, on the sixth day of 
 February, set out for San Antonio. On the eighth 
 of February, said Commissioners forwarded by 
 express to the Committee, the following commu- 
 nication : 
 
 San Antonio, February 8, 1861. 
 /. C. Eolertson^ Esq., Chairman Committee of 
 
 Public Safety : 
 
 The undersigned, in accordance with their in- 
 structions, called on Gen. i). E. Twiggs, and by 
 his request met him at two o'clock this afternoon ; 
 and, in presence of Major Nichols, we stated our 
 mission and jiresented our credentials, (which 
 Gen. Twiggs did not ask or evince the slightest 
 desire to have read to him, or even to look at,) 
 and carried out our interview in accordance with 
 the letter and spirit of our instructions as nearly 
 as practicable. 
 
 Gen. Twiggs expressed himself strongly in fa- 
 
 vor of Southern Rights, and caused copies of his 
 letters to the AVar Department to be read to the 
 Committee, in which he asserts that he will not 
 be instrumental in bringing on civil war, and a 
 great deal more in that line which may mean 
 something or nothing, according to circumstance, 
 and he very significantly asserted that we had 
 not seceded. 
 
 He expressed a willingness to keep everything 
 under his control as it now is, until the second of 
 March next, and would give us information if he 
 should be superseded ; and, in the event of the 
 State being in favor of secession, would, on de- 
 mand made by the Convention, deliver all up, but 
 expressed a fixed determination to march the 
 troops under his command out with all their 
 arm.s, transportation facilities, and extra clothing 
 to be delivered to them, etc. 
 
 The undersigned, after considerable conversa- 
 tion on the subject of their mission, retired for 
 consultation ; and being desirous of avoiding, if 
 possible, the necessity for collecting a force around 
 the city, for the purpose of compelling a deliverer, 
 Mr. Maverick was deputed to obtain from the 
 General a statement, in writing, of what he was 
 willing to do, in the hope that it would, under 
 our instructions, be admissible. He refused to 
 make any statement or give any pledge in writing. 
 
 Upon ascertaining this fact, we determined to 
 send an express, without delay, to Col. Ben. 
 ^IcCulloch, to bring as large a force as he may 
 deem necessary, and as soon as possible, to San 
 Antonio. 
 
 The substance of Gen. Twiggs's conversation or 
 verbal offer was this : " That he will hold things 
 as they are, and will, if in command on the second 
 of March next, deliver to the Commissioners all 
 the public property that is not desirable or con- 
 venient for him to carry away on or after that 
 time." 
 
 He professed great admiration for the man- 
 hood, soldiership and patriotism of Gen. Scott, 
 and is evidently inclined to imitate him in the 
 present crisis in many respects. 
 
 He is, no doubt, a good Southern man, as far 
 as hatred to Black Republicanism can make a 
 man such. There is, however, a higher element 
 than hatred. We do not kno.w to what extent 
 that sentiment prevails with Gen. Twiggs, but 
 we are of opinion that Gen. Twiggs will not per- 
 mit it to interfere with what he believes to be 
 due to himself. 
 
 He spoke, during the interview, of his feeble 
 health ; of his having received an offer fi'om Geor- 
 gia for a command in that State, and of his having 
 refused it on the grovmd of ill-health. He referred 
 to the great expenditure of the army, exclusive of 
 the pay of the troops — said it is more than a mil- 
 lion and a half — and enquired where Texas could 
 obtain means to meet that outlay, which she would 
 lose by seceding. These, and other remarks on 
 the question, by him, forced a somewhat unwill- 
 ing conviction on the minds of the undersigned, 
 that he was decidedly averse to the secession of 
 Texas. He mentioned the omission of Capt. Ross 
 to do full justice to Serg't Spangler, and the omis- 
 
DOCUMENTS. 
 
 115 
 
 sion of Gov. Houston to give credit to Major Van 
 Dorn for his success in the Comanche fight, and 
 remarked that these were indications of the tem- 
 per of Texas towards the officers and men of the 
 army. The conclusion we have arrived at is this : 
 That we must obtain possession of that which 
 now belongs to Texas of right by force, or such 
 a display of force as will compel a compliance 
 with our demands, and that without an hour's 
 unnecessary delay. In all these movements, ce- 
 lerity, secrecy and strength, should be our motto. 
 If there are any men to spare on or near the 
 Colorado, we think it would be well for them in 
 as large numbers, and as speedily as possible, 
 to move towards the city, to support, if necessa- 
 ry'", Col. McCuUoch's movements. Whatever is 
 to be done up north, it is well should be done 
 speedily, "ifcu had better inquire of Messrs. Hall 
 and Hyde, of the Legislature, the condition of 
 Forts Bliss and Quitman ; as the men and muni- 
 tions in those Forts could be moved, without de- 
 lay, to New-Mexico — giving to the Federal Gov- 
 ernment, at Washington, a large body of troops 
 to hold that country against the Southern move- 
 ment, and thus build up a Free State to injure 
 and annoy us in the not very remote future. By 
 referring to the enclosed order, you will perceive 
 Gen. Twiggs is preparing for a move. We are 
 decidedly of the opinion, for the reasons set forth, 
 M"ith reference to New-Mexico, that it will be un- 
 wise to permit a single company of United States 
 troops to march from any portion of Texas into 
 New-Mexico. If the officers are determined to 
 carry them to aid Lincoln's Government, let them 
 go by the way of the coast, or we can disband 
 them, if we so decide. We repeat it, we must 
 not let a single company from Fort Bliss to Fort 
 Brown, leave the State by the Kansas, New-Mexi- 
 co, or any other route, save the coast. 
 
 The Captain commanding the Ordnance De- 
 partment, at this point, is not friendly to our cause. 
 He is said to be in possession of about forty thou- 
 sand dollars, for the construction of the United 
 States Arsenal. What do you suggest respect- 
 ing his being compelled to deliver it up, if in his 
 possession, and what course do you suggest in 
 the premises ? 
 
 We would hke to have any suggestions or in- 
 structions you may consider necessary. We would 
 adhere to them, if circumstances demanded it, (if 
 in our power ;) if not, we will do what the emer- 
 gencies of the hour demand, doing what we be- 
 lieve to be our duty, and leaving the consequences 
 to God. In haste, we remain yours, etc., 
 Tho-mas J. Devine, 
 S. A. Maverick, 
 
 P. N. LUCKETT. 
 
 On the ninth of February, the Committee for- 
 warded, by express, the following instructions to 
 Col. Ben. McCulloch, the military commander, in 
 addition to those contained in the secret instruc- 
 tions to the Commissioners. It was thought pru- 
 dent and expedient to enlarge his sphere of ac- 
 tion, since it was now evident that he was called 
 into the field. 
 
 To Col. Ben. McCnllocli : 
 
 Sir : Having received information that the Com- 
 missioners, Sam. A. ]\Iaverick, and others, sent 
 to San Antonio, to confer with Gen. Twiggs, have, 
 under their instructions, called you into the field, 
 the Committee have resolved to confer upon you 
 the military commission of Colonel of cavalry, to 
 date as of the third inst., in the District embrac- 
 ing a point on the Ilio Grande, half-way between 
 Forts Duncan and Mcintosh, and with the fron- 
 tier to Fort Chadbourne, including San Antonio 
 and all intermediate posts ; and in addition to the 
 instructions given to the Commissioners hereto- 
 fore, (with whom you are advised freely to confer 
 on all subjects of interest as far as possible,) you 
 are instructed that should it be deemed advisable 
 to retain any portion, or all of the Federal troops, 
 in j^our District, in the temporary service of the 
 State, you can do so ; and assure them that Texas 
 will use her best endeavors with the Southern 
 Confederacy to be formed, to have them incorpo- 
 rated into the army of said Confederacy, with the 
 same rank now held by them. 
 
 In case any or all of them should express a de- 
 sire to depart from the country peaceablj'', you may 
 permit them so to do, upon such terms as will 
 not dishonor them, and as will insure the public 
 safety, and in such manner as will insure safety 
 to their persons and property. The Committee 
 also desire, that the Commissioners will, under 
 the powers heretofore given them, furnish such 
 aid and assistance, as may be deemed necessary. 
 
 In all other matters, not contained in these or 
 the previous instructions, you will observe your 
 best judgment and discretion in any emergency 
 which may present itself 
 
 Any information that you may desire to give 
 to the Committee, will be expressed to John C. 
 Robertson, Galveston, Texas. 
 
 John C. Robertson, 
 
 Chairman Committee of Public Safety. 
 
 [Attest] R. T. BrownkigCx, 
 
 Secretary to Committee. 
 
 On the tenth February, said Commissioners to 
 San Antonio, sent the following communication 
 to the Committee : 
 
 San Astosio, Feb. 10, 1S61. 
 
 John C. Rohertson, Chairman Committee of Pub- 
 lic Safety : 
 
 Dear Sir : We have nothing to communicate 
 since our letter of the eighth, unless it be the re- 
 ceipt of a communication from Col. McCulloch, 
 informing the undersigned of his having received 
 our communication, and that he expected to be 
 at or near Seguin on the thirteenth or fourteenth, 
 with whatever force he could raise. 
 
 After despatching our communication to you, 
 we determined if possible to prevent the necessity 
 of resorting to a display of force around this city ; 
 and with that object in view, we again communi- 
 cated with General Twiggs in writing, requesting 
 from him a WTitten statement of what he was 
 willing to do. The answer to this was an order 
 to Major Vinton, Major Macklin, and Capt. White- 
 ley, to confer with the undersigned to transact 
 
no 
 
 REBELLION RECORD, 1800-61. 
 
 such business as relates to the disposition of 
 public property. On the receipt of this commu- 
 nication, on the morning of the ninth, we replied 
 that we would meet the military commission at 
 twelve o'clock that day, at such place as they 
 might designate, and if that hour did not suit 
 their convenience, then at such time and place as 
 they might designate that afternoon. The an- 
 swer expressed a desire to meet the Committee 
 at Cien. 1'wiggs's, at ten o'clock a.m., on the elev- 
 enth. We will to-morrow present our request in 
 writing, and the answer will enable the Commit- 
 tee to judge with a reasonable certainty whether 
 the whole preceeding is not intended for delaj% 
 until Gen. Twiggs can call in several companies 
 from the outposts, and the additional reenforce- 
 ments of several soldiers en route with a provi- 
 sion-train from the coast for Arizona. Upon one 
 point Gen. Twiggs is fixed, and apparently unal- 
 terable, that is, that the troops in Texas under 
 his command, shall retain all their arms, with 
 the means to carry them out of the State. 
 
 What do 3'ou think of that V Please give the views 
 of the Committee on this and every other subject 
 connected with our mission, as fully and speedily 
 as possible. We again repeat, that it is not de- 
 sirable that a single company of United States 
 troops shall move to New-Mexico or x\rizona. If 
 the troops of the Northern Government con- 
 centrate in either of those territories, we be- 
 hove, from their peculiar position, that it will fix 
 their stalus as "free soil" territories, and leave 
 us a nest of hornets to deal with in future. 
 
 We will require means for the subsistence of 
 the troops that may be called out by Gen. Mc- 
 CuUoch, or from this city and vicinity ; we desire 
 some information on this point, as j'our Commit- 
 tee must be aware that the readiness with which 
 the necessary expenses are met in the commence- 
 ment, may have a salutary influence in many 
 respects upon our cause in the future. 
 
 If there is any action had, or information ob- 
 tained respecting the northern posts, it might be 
 desirable that we should be put in possession of 
 such information, as it may influence our action 
 materially. Very respectfully 
 
 Tiios. J. Devixe, 
 S. A. Maverick, 
 
 P. N. LUCKETT. 
 
 To this communication the Chairman of the 
 Committee returned the following answer, which 
 met with the approbation of the Committee : 
 
 Austin, Texas, February 12, 1861. 
 Thomas J. Bevine, S. A. Mavericl\ P. iV. LucTc- 
 
 ett, Commissioners. 
 
 Gentlemen : Your letter bearing date of the 
 tenth inst, to me, has been received. In view 
 of the Committee's departure this afternoon, for 
 Galveston, they cannot be got together, even if it 
 were necessary. The result of the action of the 
 Committee on the subjects contained in this com- 
 munication, I think is full, and hope will meet 
 your views. The Committee do not desire to 
 dishonor the army, by requiring anything of 
 them which would seem to do so. If you have 
 
 to resort to force, (actual,) and are successful, 
 then we suppose, of course, they would be van- 
 quished and suVmiit to your terms; but if you 
 treat with them as gentlemen, as equals, of course 
 we would not desire anything dishonorable to be 
 yielded by them. But this is mere speculation 
 on my part. The instructions, we think, will 
 meet with your views ; if not, you have a large 
 discretion. As to whether they should be per- 
 mitted to go out into Arizona and New-Mexico, 
 the Committee have very wisely left that matter 
 discretionary with you. It is the opinion, how- 
 ever, of some of the Committee, that it can make 
 but little difference in which direction they leave 
 the countrj^. 
 
 It is suggested that they might land below the 
 mouth of tlie Piio Grande, and travel up into Ari- 
 zona and New-ilexico ; beside, if it k the policy 
 of the United States of the North to concentrate 
 a force in those territories, we could not prevent 
 it by requiring these to go by way of the coast. 
 It is a matter of some importance to know how 
 they could subsist in those territories at this 
 time. The productions of those territories could 
 not subsist them a week without ruin to the R'W 
 who are there. Many of the Committee do not 
 think Gen. Twiggs so recklessly regardless of his 
 native South, as to inaugurate a guen-illa warfare 
 ujion her border. But, gentlemen, you arc in the 
 midst of the circumstances, and can best judge 
 of what to do. Relying upon your wisdom and 
 prudence, we leave it with you. 
 
 We will start to-day for Galveston, where we 
 hope to get some money, and if successful, we will 
 j^romptly express a part to jou. 
 
 In behalf of the Committee I assure you of our 
 sincere desire for j^our success in j'our patriotic 
 enterprise, and of our personal regard for each of 
 you. 
 
 I have the honor to remain j^our obedient serv- 
 ant, John C. Robertson, 
 
 Chairman Committee of Public Safet}-. 
 
 The Committee remained in painful suspense, 
 and looked with no ordinaiy anxiety for the next 
 news from said Commissioners and from Colonel 
 McCulloch, believing, as they did, that a conflict 
 was inevitable. The Committee felt many gloomy 
 forebodings ; not that they doubted the result of 
 the conflict, for they had every confidence in the 
 gallantry and chivalry of the Texas volunteers, 
 and in the military skill, prudence and bravery 
 of the officer in command. The Committee like- 
 wise drew great consolation from their reliance 
 upon the prudence and v'isdom of the Commis- 
 sioners. The Committee were happily relieved 
 by the following communication from the Com- 
 missioners, which is submitted with the accom- 
 panying documents. 
 
 San Antonio, February 18, 1862. 
 
 iro7i. J. C. Roltertson, Chairman of Committee 
 
 of PitUic Safety : 
 
 Sir : We have at last completed the principal 
 part of the business confided to our management. 
 
 In our communication of the eighth inst, we in- 
 formed you that we had calledintheaidof the vol- 
 
DOCUMENTS. 
 
 117 
 
 untccr force under Col. Ben McCulloch ; he arriv- 
 ed on the Salado, five miles from this city, on the 
 evening or night of the sixteenth inst., with aliout 
 five hundred men, and marched into town about 
 four o'clock P.M., with about one half of his force, 
 when he was joined by about one hundred and 
 fifty K. (jr. Cs., and about the same number of citi- 
 zens who were not members of the order, and 
 about the same number from the Medina, Atas- 
 cosa, and the country west of this city. At five 
 o'clock the men were in positions around the Ar- 
 senal, the Ordnance, the Alamo, and the quarters 
 in the Commissary buildings occupied by one 
 company of the Federal troops, and at the same 
 time, the tops of the buildings commanding the 
 Arsenal and ordnance ground were occupied. 
 
 We, in accordance with our instructions, repeat- 
 ed the demand, and after a considerable delay, 
 came to an arrangement witli Gen. Twiggs, the 
 substance of which was, that the United States 
 troops in San Antonio — one hundred and sixty in 
 number — should surrender up the position held 
 by them, and that all public property under the 
 command of the officer in San Antonio to be de- 
 livered over to the undersigned — the troops to 
 retain their side-arms, camp and garrison equi- 
 page, and the facilities for transportation to the 
 coast, to be delivered on their arrival at the coast. 
 
 This morning w^e effected an arrangement with 
 Gen. Twiggs, by which it is agreed that all forts 
 in Texas shall forthwith be delivered up, the 
 troops to march from Texas by way of the coast, 
 the cavalry and inf\intry to retain their arms, the 
 artillery companies being allowed to retain two 
 batteries of light artillery of four guns each, the 
 necessary means of transportation and subsist- 
 ence to be allowed the troops on their march to- 
 wards the coast ; all the public property to be de- 
 livered up. We might, possibly, have retained 
 the guns at Fort Duncan by a display of force, 
 Avhich display of force would have cost the State 
 eight times the value of the batteries of light ar- 
 tillery. Your instructions, however, counselled 
 avoiding collision with the Federal troops, if it 
 could be avoided. General Twiggs having re- 
 peatedly asserted, in the presence of the military 
 commission and ourselves, that he would die be- 
 fore he would permit his men to be disgraced by 
 a surrender of their arms ; that the men under 
 his command had never been dishonored or dis- 
 graced, and they never should if he could help it. 
 
 By this arrangement, at least thirteen hun- 
 dred thousand of property will belong to the 
 State, the greater portion of which would be 
 otherwise destroyed or squandered. By this ar- 
 rangement we are freed, without bloodshed or 
 trouble, from the presence of the Federal troops ; 
 they cannot go to New-Mexico or Kansas, to fix 
 free-soilism on the one, or to be the nucleus of a 
 Northern army on the other, to menace our fi'on- 
 tier in the future. 
 
 The labor performed by the undersigned in the 
 business undertaken by them, has been neither 
 light nor pleasant ; we have adhered to the letter 
 and the spirit of our instructions, and exercised our 
 
 discretion only when it became absolutely neces- 
 sary. We had some anxious hours resting upon 
 us from the time the volunteer force commenced 
 closing around the city until after the surrender 
 of the posts held by the United States troops. 
 Our force must have been, at eight o'clock a.m., 
 not less than one thousand one hundred men un- 
 der arms, and a more respectable looking or or- 
 derly body of men than the volunteer force, it 
 would not be easy to find. We have taken meas- 
 ures to secure the public propertj^ and have au- 
 thorized Major Sackfield Macklin, Paymaster 
 U. S. A., and who, as you will perceive by the army 
 list, stands high upon the same, to act as Adjutant 
 and Inspector-General and Chief of Ordnance, 
 combining the business of three departments in 
 one. This economises expense, and gives the 
 State, for the present, the services of a man com- 
 petent to the duties assigned him, capable of pre- 
 venting the confusion and consequent loss that 
 would fall upon the State by the appointment of 
 an incompetent person. Major Macklin is a true 
 Southern man, he resigns his commission in the 
 Federal army, giving up an income from that Gov- 
 ernment of nearly four thousand dollars per an- 
 num. We address him as colonel, for the pur- 
 pose of giving him an honorable stand in his ex- 
 pectations or claims upon the Southern Confeder- 
 acy, in some future military appointment. Ilis 
 appointment by the undersigned lasts until set 
 aside by you or the Convention's order. Please let 
 us know whether you approve of this action. Capt. 
 Reynolds has been acting as Asst.-Quartermaster, 
 at San Antonio ; he will resign his commission as 
 captain in the United States army. We have, for 
 the same reasons set forth in Major Macklin's 
 case, appointed him Chief Quartermaster, and 
 have combined with the former duties the labor 
 of the commissar}^ department, which has hereto- 
 fore had a first and second assistant commissar^^ 
 We have likewise consolidated with his duties, the 
 office of military store-keeper, narrowing down 
 the expense as much as possible. A building, 
 rented by the United States Government as a 
 commissary department, soldiers' quarters, gen- 
 eral staff, etc., we have determined to release the. 
 State from any liability for, as the commissary 
 stores can be stored in the Alamo buildings : said 
 buildings rent for six thousand dollars a year. In 
 furnishing the United States troops transporta- 
 tion facilities, the officers representing the State 
 will be busily emploj'ed for some time. When 
 we can obtain a breathing spell, we will go further 
 into details, we will select agents to give receipts 
 and hold the public property left at the posts, 
 until otherwise directed. 
 
 We remain, respectfully, etc., 
 
 Thomas J. Devine, 
 S. A. Maverick. 
 
 P. N. LUCKETT, 
 Commissioners on behalf of the Committee 
 of Public Safety. 
 
 The following report from Col. Ben McCulloch 
 is herewith also submitted : 
 
lis 
 
 REBELLION RECORD, 1860-61. 
 
 HEVDQrARTEns Middle Division State Forces, | 
 Sax Axtomo, Texas, ) 
 
 ffon. J. C. lioliertson, Chainnan of Committee 
 ofPullie Safety : 
 
 Sir: On the receipt of the order of the Com- 
 missioners, calling on me to raise men for the 
 purpose of securing the property, arms, etc., of 
 the United States, at San Antonio, immediately I 
 proceeded to take steps to collect such a force as 
 would be sufBcient to accomplish the purpose. 
 To Texans, a moment's notice is sufflcient, when 
 their State demands their services. 
 
 On the night of the fifteenth inst., by twelve 
 o'clock, a force of near four hundred men, from 
 the adjacent counties, had assembled on the 
 Rio Saiado. At three o'clock a.m., sixteenth, we 
 took up the line of march for the city. At four 
 o'clock, when near the suburbs, ninety men were 
 ordered to dismount and enter the city on foot, 
 when I posted them in such positions as com- 
 manded those occupied by the Federal troops; 
 the main body came in on horseback; at day- 
 light, several volunteer companies of San An- 
 tonio turned out promptly, and cooperated with 
 us to aid the State. Orders were given to the 
 troops under my command, not to fire until fired 
 upon. In a very short time it was ascertained 
 tliat no resistance would be offered. The Federal 
 troops were requested to keep within their quar- 
 ters until the Commissioners should agree upon 
 the terms liy which the arms and other propert}' 
 of the Federal Government should be surrendered 
 to the State. 
 
 This was decided by the Commissioners and 
 Gen. Twiggs, before twelve m. : wherefore I in- 
 stantly informed the forces under my command 
 of the fact, and of there being no necessity for 
 their remaining away fi-om their ploughs and 
 other peaceful avocations. They left immediately 
 for their homes, conscious of having rendered ser- 
 vice to their State, and giving oftence to no one 
 save her enemies. 
 
 To make distinctions, where all acted so nobly, 
 would be as unwise as unjust ; b^it I cannot re- 
 frain from expressing my thanks to all for their 
 gallant and prompt response to the call of their 
 State, and my admiration for their orderly con- 
 duct whilst we held the city. 
 
 Having performed the duty assigned me by the 
 enclosed order, I now report myself ready to 
 perform such service as shall be assigned me by 
 your Committee or the Commissioners appointed 
 "by you. The Commissioners having verj^ kindly 
 relieved me of many duties common to officers 
 conmianding ; it being my duty only to organize 
 and command such forces as may be necessary 
 to secure and guard the public property in my 
 division, in charge of persons appointed by the 
 Commissioners to receive the same from the Fede- 
 ral officers. 
 
 I have this day appointed ^Y. T. iMeckling, 
 my Assistant- Adjutant General, with the rank of 
 captain. I am, sir, very respectfully, 
 Your obedient servant, 
 
 Bkx MoCulloch, 
 Coloael Commaudlng. 
 
 Headqcartkrs Department of Texas, ) 
 San Antonio, February 18, 1S61. J 
 
 General Orders No. 5. 
 
 The State of Texas having demanded through 
 its Commissioners, the delivery of military posts 
 and public property within the limits of this com- 
 mand ; and the Commanding General desn-ing to 
 avoid even the possibility of a collision between 
 the Federal and State troops ; the posts will be 
 evacuated bj' their garrisons, and these will take 
 up, as soon as the necessary preparations can be 
 made, their fine of march out of Texas by way 
 of the coast — marching out with their arms, (the 
 light batteries with their guns,) clothing, camp 
 and garrison equipage, quartermaster's stores, 
 subsistence, medical hospital stores, and such 
 means of transportation of every kind, as may 
 be necessary for an efficient and orderly move- 
 ment of the troops, prepared for attack or defence 
 against aggressions from any source. The troops 
 will carry with them provisions as far as the 
 coast. 
 
 By order of Brevet ^lajor-Gen. Twiggs. 
 U. A. Nichols, 
 
 Assistant Adjutant-General. 
 San Antonio, February IS, 1861. 
 
 The undersigned. Commissioners on the part 
 of the State of Texas, fully empowered to exer- 
 cise the authority undertaken by them, have 
 formally and solemnly agreed with Brevet Major- 
 Gen. David E. Twiggs, United States Army, com- 
 manding the Department of Texas, that the troops 
 of the United States shall leave the soil of the 
 State by the way of the coast ; that they shall 
 take with them the arms of the respective corps, 
 including the battery of light artillery at Fort 
 Duncan, and the battery of the same character 
 at Fort Brown ; and shall be allowed the neces- 
 sary means for regular and comfortable move 
 ment, provisions, tents, etc., etc., and transporta- 
 tion. 
 
 It is the desire of the Commission, that there 
 be no infraction of this agreement on the part of 
 the people of the State. It is their wish on the 
 contrary, that every fticility shall be afforded the 
 troops. They are our friends. Tiicy have here- 
 tofore afforded to our people all the protection in 
 their power, and we owe them every considera- 
 tion. 
 
 The public property at various posts, other 
 than that above recited for the use of the troops, 
 will be turned over to agents to be appointed by 
 the Commissioners, who will give due an<l proper 
 receipts for the whole, to the oificers of the army, 
 wliom they i-elieve from the custody of the public 
 property. 
 
 Thomas J. Devine, 
 
 P. N. LUCKETT, 
 
 S. A. Maverick, 
 
 Commisslonera on behalf of the Committee 
 of Public Safety. 
 
 Your Committee herewith submit to the Con- 
 vention, a full and complete report of the Com- 
 missioners to San Antonio, in regard to tho 
 subject of their mission. 
 
DOCUMENTS. 
 
 119 
 
 San Antoxio, March 2, 1S61. 
 
 To John C. Rohertson, Chairman of Commit- 
 tee of Public Safety : 
 
 SiK : The undersigned, Commissioners appoint- 
 ed by the Committee of Public Safety, to visit 
 San Antonio, and confer with Brevet Major-Gen. 
 David E. Twiggs, United States Army command- 
 ing Department of Texas, on the subject of the 
 public property in the State under his control, 
 and to command the delivery of the same, should 
 it be deemed necessary, submit the following as 
 a report of their proceedings and a statement of 
 subjects connected therewith. 
 
 Having arrived in San Antonio, the Commis- 
 sioners, on the evening of the seventh ult, cona- 
 municated with Gen. Twiggs, when it was ar- 
 ranged that the next day should be the time for 
 a formal interview with him, respecting the sub- 
 ject entrusted to their care. Upon calling on 
 him, the subject of the visit and extent of the 
 powers conferred upon the Commissioners were 
 stated, and the present condition and future 
 prospects of the State were set forth as reasons 
 why the Federal property should be j^ielded up, 
 and the Federal troops removed bej'ond the limits 
 of the State. In answer to these views and de- 
 mand, that officer stated that " Texas was not 
 out of the Union, and would not be before the 
 second day of March, that for his part he would 
 obey the orders of his government, but would not 
 draw his sword against the people of Texas, 
 and referred his ' order book ' for proof of his 
 having so declared in his communications to the 
 War Department." In reply to a question re- 
 specting his removal from Texas, he admitted 
 that he might be supei'seded, and would only say 
 that, "all should remain as it was until after the 
 second of March, when if Texas seceded he 
 would then deliver up to the regularly constituted 
 authorit)^ of Texas, all the public property under 
 his control, other than that required for the use 
 of the troops on their march to New-Mexico." 
 The credentials of the Commissioners were pre- 
 sented and their contents stated, but no intima- 
 tion b}^ word or gesture was given that he de- 
 sired either to inspect or hear them read. The 
 interview was prolonged for some time, but noth- 
 ing more tangible was elicited, save his expressed 
 determination to carry the troops to New-Mexico, 
 and his resolve to lose his life sooner than permit 
 them while under his command to be deprived 
 of the arms pertaining to their respective corps. 
 After the termination of the interview, the Com- 
 missioners upon consultation, deputed one of 
 their number to call on Gen. Twiggs, and re- 
 quest from him a written statement of what he 
 would be willing to perform on or after the 
 second of March. He declined giving a wi'itten 
 statement, but informed the Commissioner that 
 a military commission would be selected to con- 
 fer with the Commissioners, on the subject of the 
 disposition of public property. Believing that 
 Gen. Twiggs would neither do nor consent to 
 anything being done that might possibly place 
 him in a false, or an apparently false position, 
 either before the Govemmient whose interests he 
 
 represented, or before any portion of the American 
 people, and being satisfied that the complications 
 likely to ensue from the command of the depart- 
 ment passing into other hands, or by reason of 
 orders from Washington, being also of opinion 
 that the labors of the undersigned and the Mili- 
 tary Commission would result in nothing but 
 delay, and that the best interests of Texas de- 
 manded that the troops, amounting to nearly 
 three thousand, should not be permitted to march 
 into New-Mexico, to hold and settle the condi- 
 tion of that territory as a free-soil region, or into 
 Kansas to form the nucleus of an army to harass 
 and waste our frontier, in the event of coercion 
 being attempted by the Northern Government, 
 and that over five hundred thousand dollars 
 worth of transportation facilities, as likewise the 
 cavalry horses, would be lost to the State, by 
 permitting the Federal troops to pass into either 
 New-Mexico, Kansas or the Indian Territory — it 
 was determined that prompt and vigorous action 
 was necessary. In view of this consideration, 
 and in accordance with previous instructions, an 
 express was despatched that evening to Seguin, 
 calling on Col. Ben. McCuUoch, to assemble as 
 large a force ^f the volunteers and minute men 
 of the State as could be immediately collected, 
 and without delay to hasten to San Antonio. 
 The next day a communication was received 
 from Gen. Twiggs, informing the Commissioners 
 that Major Vinton, Chief-Quartermaster, Major 
 Macklin, Paymaster, and Captain Whiteley, Chief 
 of Ordnance, were appointed to act as a Military 
 Commission, to meet the undersigned respecting 
 the disposition of the Federal property. A con- 
 ference was had on this subject, which resulted 
 only in expressions on the part of Major Vinton 
 and Captain Whiteley, that it was proper and 
 necessary that the troops should leave Texas by 
 the Kansas route, that a considerable time would 
 be necessarily consumed in arranging the heads 
 of the various subjects to be discussed, and much 
 time required to examine the different points 
 raised. This conference terminated M^ithout any 
 advance being made towards an agreement for 
 the delivery of the Government propert}^ or the 
 departure of the troops from Texas, and resulted 
 in nothing save an increased belief on the part 
 of the undersigned, that delay was the object in 
 view sought to be obtained by Gen. Twiggs, in 
 appointing the Military Commission, and the end 
 for which two of that body (Major Vinton and 
 Capt. Whiteley) were acting. Two other inter- 
 views were had in which the same purpose was 
 apparent, and at the last interview held. Major 
 Vinton, in reply to a question by the Commis- 
 sioners, as to when an answer would be given to 
 their last communication, stated that, "a reply 
 would be given some time between that day and 
 the second of March." This closed the inter- 
 views, and a second express was sent to Col. 
 McCuUoch, with suggestions respecting his move- 
 ments. 
 
 On the morning of the sixteenth, that officer 
 entered San Antonio, with his command, and be- 
 ing joined by the city companies, and about one 
 
120 
 
 REBELLION RECORD, 18fiO-61. 
 
 hundred citizens of San Antonio, and those from 
 the Medina and Atascosa — the Alamo, Commis- 
 sary and Arsenal buildings were surrounded and 
 connnandinj; positions secured before daylight on 
 the roofs of the adjoining buildings. At six o'clock 
 A. SI., a demand, in writing, in accordance with their 
 instructions, was again made on Gen. Twiggs, for 
 the surrender of all public property and posts, 
 and the interview between that ofticer and the 
 undersigned, resulted in the surrender of the 
 posts held by the Federal troops, and the deliv- 
 ery of all puljlic property in San Antonio to the 
 Commissioners. The United States troops were 
 permitted to retain their clothing, etc., etc., and 
 marched out that evening to encamp at the San 
 Pedro Springs, about one mile from the city, 
 there to remain until transportation was furnished 
 to convey them to the coast. 
 
 The property and posts in the city are held 
 and guarded by seventy citizen soldiers. Nego- 
 tiations were continued during the seventeenth, 
 and on the evening of the eighteenth were termi- 
 nated, by Gen. Twiggs agreeing that all posts 
 held by the Federal troops, should be yielded to 
 the Commissioners, as likewise aJi public pro- 
 perty under his control ; that the troops should 
 retain the arms belonging to the respective corps, 
 which included two katteries of light artillery, 
 the clothing of the men, the necessary stores, 
 etc., etc., for an orderly movement to the coast; 
 the transportation f\icilities, on reaching the coast, 
 to be delivered up to the agents authorized to re- 
 ceive them. 
 
 The arrangements entered into between the 
 Commissioners and the General Commanding the 
 Federal Troops in Texas, it is believed, are tlie 
 best (so far as regards the safety of the State, 
 its honor, and pecuniary interest) that could be 
 made. At the same time, no humiliating condi- 
 tions or unnecessary restrictions have been im- 
 posed on the officers of the late United States 
 Government. The departure of the troops, by 
 way of the coast, was viewed from the beginning, 
 by the Commissioners, as a measure of precau- 
 tion, coupled with a question of property — -both 
 ends having been attained. The permitting of 
 two batteries of light artillery to leave the State, 
 has been a subject of complaint on the part of 
 some of our people. Those persons, however, do 
 not consider or ignore the fact that these bat- 
 teries V)elong to, and constitute as completely the 
 arms of an artillery corps, as do the muskets of 
 the infantry, or sabre, or carbine of the cavalry ; 
 that with Texas it was a mere question of prop- 
 erty not exceeding eight thousand dollars in 
 value; with Gen. Twiggs, his officers and men, 
 it was a question of honor — a principle dear to 
 the humblest as to the highest soldier in the 
 army ; that Gen. Twiggs had repeatedly declared 
 that he would sacrifice his life sooner than see 
 his men dishonored or disgraced by being de- 
 prived of their arms. It is true the eight guns 
 could have been secured, but at a cost to the 
 State of more than twenty times their value, in 
 the payment and subsistence of the volunteer 
 force necessary for that pui-pose, to which might 
 
 be added the probabilities of a collision with its 
 attendant loss of life,- and the grave consequences 
 necessarily resulting therefrom. In addition to 
 this, may be stated the loss to Texas of all the 
 mule teams, cavalry horses, etc., at the upper 
 posts of Bliss, Quitman, Davis, Stockton, Lan- 
 caster, Hudson, and Fort Clarke, which would 
 have been carried with the troops at these posts 
 into New-ilexico, with the humiliation of a dis- 
 tinguished and honored soldier, and the officers 
 and men under his command. 
 
 For the correspondence between the under- 
 signed. Gen. Twiggs, Col. McCulloch, and the ^lil- 
 itary Commission, see documents numbered from 
 one to sixteen inclusive. 
 
 In estimating the value of the property secured 
 to the State, no exact statement can be made of 
 the amount remaining at the different posts, un- 
 til inventories are received from the agents des- 
 patched to those points. The entire value se- 
 cured to the State, may be estimated, at a fair val- 
 uation, as being worth not less than $1,000,000. 
 It consists as follows : 
 
 At the San Antonio Depot, cost of 
 Arsenal grounds, buildings, and 
 material of every kind on the 
 ground, 51,500 00 
 
 Ordnance stores, including arms, 
 powder and ammunition, of ev- 
 ery kind, 282,132 2(j 
 
 Brass guns, howitzers, etc., etc., 
 
 at different posts in Texas, . 24,035 00 
 
 Quartermaster's stores, . . . 178,000 00 
 
 Commissary stores, 19,702 87 
 
 Medical and hospital stores, . . 30,175 00 
 
 Soldiers' clothing, camp and garri- 
 son equipage, 194:,9!)7 26 
 
 Total amount of property at San 
 Antonio, including cannon at dif- 
 ferent posts valued at $24,035, 781,808 39 
 
 It is estimated that the mules, cav- 
 alry horses, transportation facil- 
 ities, camels, provisions, and 
 other property at the various 
 posts, exclusive of buildings, will 
 amount, at first cost, to not less 
 than 700,000 00 
 
 Making, in all, available to the State 
 for purposes connected with the 
 defence of the frontier, and for 
 other uses, should the same be- 
 come necessary. 
 
 Total, " $1,481,808 30 
 
 The cost of jilacing the above property at its 
 various locations, has cost the Federal Govern- 
 ment not less than $100,000. 
 
 Surplus of funds seized in San Antonio, esti- 
 mated at $23,472. 
 
 For lists of the above property, see exhibits 
 marked A, B, C, 1>, E, F, G, II, I,' J, and K. 
 
 For lists of person retained, for the present, in 
 the public employment, in connection with the 
 Quartermaster's and Commissary Department, see' 
 rei)ort of agent, marked E.xhibit L. 
 
 The successor of Gen. Twiggs, Col. C. A. Waite, 
 
DOCUMENTS. 
 
 121 
 
 arrived in this city a few hours after the negotia- 
 tions with Gen. Twiggs had been closed. Since 
 that time, the undersigned have been actively en- 
 gaged in settling questions connected with the 
 movements of the troops towards the coast, and 
 arranging the necessary means for their transpor- 
 tation. 
 
 Competent persons have been selected to pro- 
 ceed to, and take charge of, the property at the 
 posts about being abandoned by the Federal 
 troops. Bonds, with sufficient securities, have 
 been required and given, for the foithful execu- 
 tion of the duties entrusted to the agents. Small 
 detachments of men, lor the protection of the 
 buildings and public property at each post, have 
 been despatched under the orders of Col. McCul- 
 loch. The detachments sent to the diiferent 
 posts, vary in number fi'om ten to twenty-five. 
 The}' will remain at the points designated until 
 further action is had by the Convention, or Legis- 
 lature of the State. On this subject, see docu- 
 ment number twentj'-five. 
 
 On the morning of the twenty-fifth ultimo, in- 
 formation having been received that Capt. King, 
 " U. S. A.," encamped with his company near 
 this city, had enlisted a soldier to serve in the 
 army of the late United States Government, a 
 note was despatched to Col. Waite, demanding 
 the immediate discharge of the enlisted man, and 
 requesting that no further enlistments should be 
 permitted by him in Texas. For his reply, an- 
 nouncing the discharge of the soldier, and stating 
 that nothing of the kind would be permitted b}^ 
 him, see documents numbers 17 and 18. 
 
 In the performance of the duties confided to 
 the undersigned, in reference to obtaining all pub- 
 lic moneys or funds, the most determined unwill- 
 ingness to give any information has been dis- 
 played by the disbursing officers in this city, with 
 the exception of Major Macklin, Paymaster ; Capt. 
 Eeynolds, Assistant Quartermaster, and Capt. W. 
 B. Blair, Chief of Commissary Department. 
 
 On the evening after the surrender of the prop- 
 erty and posts in San Antonio, the safe of Capt. 
 Reynolds, in his office at the Alamo, was taken 
 possession of. The amount of public funds con- 
 tained therein is between nine and ten thousand 
 dollars. Tliis amount is more than covered by 
 the debts previously contracted with and due 
 citizens. 
 
 With a view of securing to the people of Texas 
 the sums due them, and to prevent the money 
 from being carried out of the State, as also with 
 the intention of securing any surplus funds, and 
 for the purpose of ascertaining the debts due our 
 citizens, with the desire of having some reliable 
 data upon which the State might act with ref- 
 erence to the honest or fradulent claims that will, 
 in all probability, be brought against her, as the 
 recipient of the Federal property in Texas, the 
 Commissioners repeatedly requested a statement 
 from the disbursing officers, of the funds and 
 credits belonging to their departments, with a list 
 of the debts contracted by them in the State. On 
 the twenty-second of February, 18G1, the request 
 was again made, and the questions set forth in 
 
 the document numbered twenty, were presented, 
 and answers required. Capt. Blair, Commissary, 
 and Major Macklin, Paymaster, have answered. 
 By the answer of Capt. Blair, it will be seen that 
 the debts exceed the funds and credits of his de- 
 partment. From the statement of Major Mack- 
 lin, it appears that the sum of twenty -three thou- 
 sand four hundred and seventy-two dollars will 
 remain after all claims against his department have 
 been liquidated. This money is supposed to bo 
 en route from New -Orleans to this city, and 
 measures have been taken by the undersigned to 
 seize and secure it. Upon receiving the answers of 
 Capt. Blair and Major jMacklin, the guard placed 
 upon their offices were inunediately withdrawn. 
 See answers of Capt. Blair and Major ]\Iacklin, 
 marked numbers twent3'-seven and twentj'-eight. 
 Major Vinton, Chief Quartermaster, ilajor ^Ic- 
 Clure, Paymaster, and Capt. Whiteley, Chief of 
 Ordnance, having refused to answer, or give any 
 information on the subject, the guards placed 
 upon their offices on the twenty-seventh ult, 
 still remain. It is proper to state, that Major 
 Macklin and Capt. Blair were willing, from the be- 
 ginning of the enquiry, to make a statement, and 
 that guards were placed at their offices more for 
 the purpose of preventing invidious remarks, than 
 from any other cause. For further information 
 respecting the demands for public funds, see docu- 
 ments numbered from 2 to 28 inclusive. 
 
 In a previous communication, you were in- 
 formed that Major Macklin had been appointed to 
 take charge of the Ordnance Department, and to 
 act as Adjutant and Inspector General, until fur- 
 ther action by your body or the Convention. He 
 has resigned his position in the United States Ar- 
 my, and has entered upon the duties assigned 
 him. You were also informed that Capt. Key- 
 nolds had been appointed to control the Quarter-, 
 master's Department, etc. He has tendered his 
 resignation, and is awaiting the action of the au- 
 thorities at Washington. Messrs. Maverick and 
 Luckett are at present, assisted by competent 
 agents, performing the duties connected with the 
 Quartermaster's Department. 
 
 The two companies of United States troops, 
 formerly stationed in this city, passed through 
 on their march to the coast this morning. 
 
 The expenses connected with the action of the 
 Commissioners have been paid, or, to some ex- 
 tent, assumed by them, while the outlay caused 
 b}'' the transportation of the United States troops 
 to the coast, will be paid by their officers. The 
 expenses incident to the protection and manage- 
 ment of the property now belonging to Texas 
 must be paid by her. An estimate of the liabili- 
 ties which have accrued, will be presented for 
 your consideration. All needless expenses have 
 been cut off, both as regards the rent of buildings 
 and the employment of men. A still greater re- 
 duction will be made in a few days. 
 All of which is respectfully submitted. 
 
 Thomas J. Devixe, 
 P. N. Luckett, 
 S. A. Mavekick, 
 Commissioners on behalf of Com. of Public Safety. 
 
122 
 
 REBELLION RECORD, 1860-61. 
 
 Austin, March 6, 1861. 
 
 To Hon. John C. liohcrtson, Chairman Com- 
 mittee of PuhVtc Sdfcti/: 
 
 As a supplement to the preceding report, the 
 undersigned would state that, having received in- 
 formation three days before the arrival of the 
 force under Col. McCuUoch, at San Antonio, that 
 four wagons with arms and fixed ammunition 
 had been despatched — two via Indianola for Fort 
 Brown, and two for Fort Mason — a force was im- 
 mediately sent in pursuit ; the teams on the In- 
 dianola road were overtaken about forty miles, 
 and those destined for Fort ]\Iason about sixty 
 miles from San Antonio, the wagons were lirought 
 to that city and their contents deposited in the 
 Ordnance Department. 
 
 Having received information on the evening of 
 the second inst., that depredations were being 
 committed on public property at Camp Verde, by 
 some of the soldiers of Company A, First Infan- 
 try, United States Army, a note was immediately 
 forwarded to Col. Waite, informing him of the 
 fact, and that such depredation was considered a 
 violation of the stipulations entered into between 
 Gen. Twiggs and the undersigned, and that the 
 officers and men belonging to any company, com- 
 mitting any depredations in the future, would be 
 held personally liable, and requested Col. Waite 
 to remove the troops from that post without de- 
 lay. Capt. Frank Hubert's company of AVash- 
 ington County volunteers, numbering twenty-five 
 men, under the command of Lieut, llaynes, then 
 in San Antonio, were directed to march next 
 morning at daylight for Camp Verde, and there 
 remain for the protection of the public property 
 and buildings until further orders. 
 
 The public funds, alluded to in the preceding 
 report, as being en route from the coast to San 
 Antonio, were seized by a portion of Capt. Edgar's 
 Company of Alamo Guards, acting under the or- 
 ders of the Commissioners, on the morning of the 
 fourth inst., and are now in the Alamo buildings 
 under guard, subject to the action of the Conven- 
 tion. See report of Commissioners, Exhibit "VY. 
 
 In conclusion, it may be proper to add, that in 
 view of the uncertainties connected with the at- 
 tempt to force the Genei-al commanding the Fed- 
 eral troops in Texas into a surrender of the posi- 
 tions held by the troops under his command, and 
 a delivery of the puljlic property under his con- 
 trol in Texas, without bloodshed — the conse- 
 quences resulting from which no man could fore- 
 see — the city authorities deemed it proper and 
 necessary to close all places of public resort in 
 the city of San Antonio, upon the arrival of the 
 troops imdcr the command of Col. McCulloch, 
 and (luring the time the troops raised in the city, 
 as well as those from other counties, remained 
 under arms. 
 
 In connection with this subject, it may be add- 
 ed, that a more orderly body of men, under simi- 
 lar circumstances, never appeared under arms ; 
 their conduct throughout was of a character well 
 calculated to reflect the greatest credit upon them- 
 selves and the cause, to uphold which, they had 
 
 left their homes and appeared in arms. — All of 
 which is respectfully submitted. T. J. Devine, 
 
 On behalf of the Commissioners. 
 
 It will thus be seen that all the United States 
 troops, stationed on the Indian frontier, and the 
 fi'ontier bordering on Mexico, along the Rio 
 Grande, have been removed, and ai-e on the line 
 of march to the Gulf coast. The moral of their 
 presence to prevent Indian depredations having 
 been destroyed, it is thought that the frontier is 
 in most imminent danger, and they have evidence 
 of very recent murders in that region. 
 
 The Committee believe that the people along 
 the whole line of the frontier are true and loj'al 
 to the cause of the South, and look with intense 
 anxiety for the Convention to furnish them with 
 inunediate and prompt protection. Encouraged 
 and aided by the enemies of Texas, the Indians 
 will, unless timely assistance be furnished, com- 
 mit the most horrid depredations. With the view 
 of rendering to the frontier this protection, and 
 that it may be accomplished speedily and effi- 
 ciently, as well also to show to the Government 
 of the Confederate States, of which we hope soon 
 to become a member, that we are not unmindful 
 of what is due to our people; and as an indication 
 to that government of what is expected for our 
 defence, and particularly to save the lives of our / 
 women and children in that region, the Com- 
 mittee instruct me to report an Ordinance for the 
 raising of volunteer forces, Avhich they hope the 
 Convention will find it expedient to adopt. 
 
 I have the honor to remain, very respectful^, 
 JoHx C. Robertson, 
 
 Chairman Committee of Public Safety, j 
 
 Correspondence between the Commissioners to San 
 Antonio., Gen. Twiggs and the Military Com- 
 mission : 
 
 San Antonio, February 8, 1S61. 
 Dear Sir: In reference to the interview which 
 the undersigned had with you this morning, in 
 the presence of Major Nichols, in regard to the 
 public property and j'our disposition to keep the 
 same in its present position until March second, 
 proximo, the undersigned beg you will be so kind 
 as to give them, in writing, such statements as you 
 may deem material and proper on that subject. 
 With high consideration, 
 
 Your obedient servants, 
 
 Thomas J. Devine, 
 Samuel A. Maverick, 
 
 P. N. LUCKETT, 
 Commissioners on behalf of the Convention of the 
 People of Te.xas. 
 
 To Major-Gen. D. E. Twir.os, 
 
 Commanding Department of Texas. 
 
 IlEADQrARTERS DkPARTMENT OF TEXAS, ) 
 
 San Antonio, February 9, 18(31 ( 
 
 To Messrs. Thomas J. iJecine. Samuel A. Mav- 
 erick., and P. J^. Luckett, Commissioners on 
 iehalf of the Convention of the People of 
 Texas., San Antonio., Texas: 
 Gentlemen : I am directed by the Command- 
 ing General of the Department, to acknowledge 
 the receipt of your communication of the eighth 
 inst., and to inform you, in reply, that he has 
 this day appointed a military commission to meet 
 
DOCUMENTS. 
 
 123 
 
 ¥ 
 
 the Commissioners on behalf of the Convention of 
 the people of Texas, to transact the necessary 
 business respecting the disposition of the Federal 
 property. 
 
 I am, gentlemen, very respectfully, 
 / Your obedient servant, 
 
 Wy ^BS A. Nichols, 
 
 ' Assistant Adjutant-General. 
 
 Headquarters Department of Texas, ) 
 San Antonio, Februai-y 9, 1S61. ) 
 
 Special Orders, No. 20. 
 
 A Military Commission, to consist of Major 
 David H. Vinton, Quartermaster, Major Sackfield 
 Macklin, Paymaster, and Captain Robert H. K. 
 Whiteley, Ordnance Department, is hereby ap- 
 pointed to meet the Commissioners on behalf of 
 the Convention of the People of Texas, Messrs. 
 Thomas J. Devine, Sanuiel A. Maverick, and P. 
 N. Luckett, at such times and places as may be 
 agreed upon, to transact such business as relates 
 to the disposition of the public property, upon the 
 demands of the State of Texas. B}^ order of 
 Brevet Major-Gen. Twiggs. 
 ^fii-A. Nichols, 
 
 Assistant Adjutant-General. 
 
 San Antonio, February 9, 1S61. 
 Gentlemen : We have the honor to acknow- 
 ledge the receipt of your communication of this 
 date, in which you appoint twelve o'clock to-day, 
 or any hour this afternoon, for meeting you to 
 consider the business connected with our several 
 commissions. We regret that we have not been 
 able to conform to j'our appointment. The want 
 of instructions from Major-Gen. Twiggs, delayed 
 by untoward circumstances, will prevent our meet- 
 ing you to-day ; but we will, if it suits your con- 
 venience, have the honor to receive j'^ou at Gen. 
 Twiggs's office, on Monday, at nine o'clock a.m., 
 to enter upon the business you may then lay be- 
 fore us. 
 
 We are, gentlemen, most respectfully, 
 Your obedient servants, 
 D. H. Vinton, 
 
 Major and Quartermaster. 
 Sackfield Macklin, 
 
 Paymaster U. S. Ai-ray. 
 
 R. H. K. Whiteley, 
 
 Captain of Ordnance. 
 
 To Messrs. T. J. Devine, Samuel A. Maverick, 
 
 P. N. Luckett, 
 Commissioners on behalf of the People of the State of Texas, 
 San Antonio, Te.\as. 
 
 San Antonio, February 11, 1S61. 
 
 To 3£ajo7' D. H. Vinton, SacJc/ieM MacJcUn, 
 Capt. JR.. K. Whiteley, Military Commission : 
 Gentlemen : The undersigned, by virtue of the 
 powers vested in them, do now demand of you, 
 in the name and by the authority of the sovereign 
 people of the State of Texas, in Convention as- 
 sembled, as they have heretofore demanded of 
 Brevet Major-Gen. Twiggs, Commanding in the 
 Department of Texas, a delivery of all the arms 
 of every description, military stores, including 
 quartermaster's, commissary and medical stores, 
 and public moneys, and everything else under the 
 
 control of the General in command, belonging to 
 the Federal Government. 
 
 If an affirmative answer is not given to this de- 
 mand, the following questions are submitted for 
 your consideration, and answers to the same are 
 respectfully required : 
 
 Do you consent and agree to the following stipu- 
 lations ? 
 
 1st. That everything under the control of tlie 
 Commanding General in the Department of Texas 
 shall remain in statu quo, until the second day 
 of March next '? 
 
 2d. That no movement, change of position, or 
 concentration of the troops shall take place ? 
 
 3d. That none of the arms, ordnance, military 
 stores, or other property, shall be disposed of be- 
 fore that time — ordinary consumption excepted? 
 4th. That upon the second of March, the pub- 
 lic property in Texas shall, without delay, be de- 
 livered up to the undersigned or such other Com- 
 missioners who may be authorised to act on be- 
 half of the Convention ? 
 
 An answer is respectfully required. 
 We remain, gentlemen, very respectfully. 
 Your obedient servants, 
 
 Thomas J. Devine, 
 S. A. Maveuick, 
 P. N. Luckett, 
 Commissioners on behalf of the Convention. 
 
 San Antonio, February 12, 18G1. 
 
 To Messrs. Thomas J. Devine, S. A. MavericJc, 
 P. N. Luclcett, Commissioners on iehalf of the 
 Convention of the People of Texas : 
 Gentlemen : We, the Military Commission, ap- 
 pointed by Major-General Twiggs, have had the 
 honor to receive your communication of the elev- 
 enth inst, while in convention, demanding of us, 
 " in the name and by the authority of the sov- 
 ereign people of Texas, in Convention assembled," 
 a delivery of "all arms of every description, mi- 
 litary stores, including quartermaster's, commis- 
 sary and medical stores, and public moneys, and 
 everything else under the control of the General 
 in command, belonging to the Government ;" add- 
 ing that, " if an affirmative answer is not given to 
 this demand," you submit the following questions 
 for our consideration and reply, viz. : 
 
 "Do you consent and agree to the following 
 stipulations : 
 
 "1st. That everything under the control of the 
 General commanding in the Department of Texas, 
 shall remain in statu quo, until the second day 
 of March next ? 
 
 2d. Thai no movement, change of position, or 
 concentration of the troops shall take place ? 
 
 " 3d. That none of the arms, ordnance, military 
 stores, or other property, shall be disposed of be- 
 fore that time, ordinary consumption excepted ? 
 
 "4th. That upon the second of March, the pub- 
 lic property in Texas shall, without delay, be de- 
 livered up to the undersigned, or such other Com- 
 missioners who may be authorised to act on be- 
 half of the Convention ?" 
 
 To the first of the foregoing interrogatories, we 
 have the honor to state, that we are willing that 
 
124 
 
 REBELLION RECORD, 1 860-6 L 
 
 evci'ythin2; shall remain in statu, quo until the 
 second of March next ; provided, that the (iencral 
 commanding the Department shall not receive 
 orders from higher authority than himself to re- 
 move the troops from Texas, or find it necessary 
 to resist the inroads of marauding- parties of In- 
 dians, the enonues of Texas and of our common 
 country, or attacks upon the troops or military 
 posts in Texas, by irresponsible parties coming 
 ^rom any quarter whatever. 
 
 With regard to your second proposition, it is 
 hereliy agreed, that no movement or change of 
 position of the troops shall take place, unless the 
 Commanding General shall find it necessary to 
 act under the contingencies mentioned in the next 
 preceding answer. 
 
 To the third question we reply, that as it is 
 not the intention of the Commanding General to 
 dispose of, or to place out of the reach of the 
 authorities of Texas, any of the property other- 
 wise than to meet with it the common wants of 
 the military service, so do we agree to j'our pro- 
 position. 
 
 And to your last inquiry we have to remark, 
 that a compliance with the demands of Texas, 
 whether made through you or other Commis- 
 sioners, appointed for the purpose, will be yielded 
 under the following conditions, viz. : That the 
 moneys in the hands of disbursing officers being 
 out of the control of the Commanding General, 
 and considered as peculiarly a matter of individ- 
 ual accountability to the Treasury of the United 
 States by those officers, involving the responsi- 
 bility of their bondsmen, and being necessary for 
 the payment of the troops and del)ts already con- 
 tracted in Texas, they will not be relinquished on 
 the demand of Texas. That the troops now in 
 the Department of Texas shall retain their legiti- 
 mate arms in possession, and march out of Texas 
 with them ; the requisite ammunition, clothing, 
 and camp and garrison equipage, quai'termaster's 
 stores, subsistence, medical and hospital stores, 
 and such means of transportation of every kind as 
 may be necessary for an efficient and orderlj^ move- 
 ment of the troops from Texas, prepared for attack 
 or defence against aggression from any source. 
 That the officers of tlie General Staff at Depart- 
 ment headquarters, their families and movable 
 property, shall be transported in their egress from 
 Texas, by the public means now at this depot, 
 whicli means shall be retained for that purpose ; 
 and when such service shall have becni performed, 
 the said means shall be surrendered to the regu- 
 larly authorized persons to receive them. That 
 all property delivered up to the authorities of 
 Texas, under the foregoing stipulations, shall be 
 receipted for by agents appointed by said author- 
 ities. 
 
 We are, gentlemen, very respectfully your obe- 
 dient servants, D. 11. Yinton, 
 
 Majfir and Quartermaster. 
 Sackfield Macklik, 
 
 Paymaster U. S. Army. 
 R. H. K. AVniTELEY, 
 
 Captain of Ordnance. 
 
 San Antonio, February 14, 18G1. 
 
 Major I). IT. Vinton, Major Sacl-Jiehl MacJdin, 
 Capt.B. H. K. Whiteley, Military Commission 
 acting on lehalf of Major- Gen. D. E. Ttciggs: 
 
 Gentlemen : The undersigned Commissioners 
 on behalf of the Co'm'ention of the State of Texas, 
 acting through the Conunittee of Public Safety, 
 have had the honor to receive your conununica- 
 tion of the thirteenth inst., while in conference, 
 and have the honor to reply to the answers con- 
 tained in your note as follows : We are unable to 
 accept as satisfactory your answer to that ques- 
 tion in our note of the eleventh instant, relating to 
 the movement or position of the troops in Texas, 
 as your reply, by a reasonable construction of 
 its language, if not in express terms, asserts the 
 right and intention of the General in command 
 of the Department of Texas, to make any move- 
 ment by the troops that may be ordered Ijy an 
 authority higher than himself The question is 
 consequently left unanswered as fiir as relates to 
 the object which the undersigned had in view in 
 presenting this question for consideration, wlych . 
 object was fully set forth in the conference of the • jtf 
 eleventh inst. If the question be considered as * f 
 answered by your reply to it, then the under- 
 signed are constrained to consider it as a sub- 
 stantial denial of their demand on that subject. 
 
 The non-acceptance of the terms contained in 
 your second answer, rests upon the same reasons 
 as those set forth in reply to your first answer. 
 The third answer is as the undersigned had rea- 
 son to believe it would be, and is accepted. 
 
 The terms embraced in your reply to our last 
 inquiry, are accepted, with the following condi- 
 tions: First, that all moneys in Texas, for the 
 payment of troops, or the liquidation of debts of 
 every description, incurred on behalf of the Fed- 
 eral Government, shall be considered applicable 
 to those purposes, and be turned over to the 
 Commissioners for their disposal accordingly, and 
 guarantees will be given by the undersigned, for 
 the promjit payment of the same, and all funds in 
 Texas, held for the Federal Government, not in- 
 cluded in the above exception, shall be given up 
 and receipted for by the undersigned. That portion 
 of the last answer is accepted, which claims the re- 
 tention by the troops in Texas of their arms and 
 clothing, camp and garrison equipage, quartermas- 
 ter's stores, subsistence, medical and hospital stores, 
 and such means of transportation of every kind, 
 as may be necessary for an efficient and orderly 
 movement of the troops from Texas, ])repared for 
 attack or defence from any source ; j)rovided the 
 trooj)s shall march to the coast, in detachments of 
 not more tlian two hundred, each detachment to 
 be at least three days' march apart; and upon ar- 
 riving at the point or points of embarkation, the 
 teams or means of ti'ansportation, with the artillery, 
 (if any be taken by the troops,) shall be delivered 
 up to the agent appointed to receive and receipt 
 for the same. The remaining portion of the last 
 answer, relating to the means of transportation 
 
DOCUMENTS. 
 
 12i 
 
 for the officers, their famUies, servants and pro- 
 perty, is accepted according to its terms. 
 
 AVe are, gentlemen, very respectfully, your obe- 
 dient servants, Thomas J. Uevixe, 
 
 P. N. LUCKETT, 
 
 S. A. Mavekick, 
 
 Commissioners on behalf of the Committee 
 of Public Safety. 
 
 San Antonio, February 15, 1861. 
 
 To Messrs. T. J. Devine, Samuel A. Maverici, 
 P. JSf. Luckett, Commissioners on the part of 
 the Convention of the People of Texas : 
 Gentlemen : In acknowledgment of your com- 
 munication of the fourteenth inst, M'herein you 
 disagree to certain points in our letter of the 
 twelfth inst., the undersigned have the honor to 
 say, that the conditions you prescribe for the 
 movement of the Federal troops from Texas, will 
 necessarily check, for a short time at least, fur- 
 ther conference with you on that subject, inas- 
 much as it is one over which we have no control. 
 The Commander of the Department, whoever 
 he may be, whether acting under his own judg- 
 ment, or by the advice or instructions of his su- 
 periors, has exclusive authority in such cases ; and 
 to him must we refer the present one, with a re- 
 port of all our proceedings, for his approval or dis- 
 approval ; and in view of an immediate change of 
 commanders of the Department of Texas, Gen. 
 Twiggs having been superseded by Col. AV'aite, 
 all the proceedings of the Military Commission 
 appointed by the former officers, must be sub- 
 mitted for the consideration and sanction of the 
 latter, whose duty it will be to execute whatever 
 measures may be recommended and adopted un- 
 der the action of that Committee. 
 
 The undersigned would respectfully remark, 
 that they cannot but regret that the reasons 
 given in objection to the relinquishment of the 
 funds in the hands of the Federal disbursing 
 officers, have not met with acquiescence on the 
 part of your Commission, they can only hope 
 that upon reconsideration your views may un- 
 dergo a change. Under any circumstances we 
 hope that the Commissioners appointed by the 
 Texas Committee of Safety, will exert their influ- 
 ence to avert violence, either on the part of any 
 irregular forces or organized military parties of 
 whatever size. Believing that everything may be 
 done in a manner, honorable to the present con- 
 tending parties, and for the quiet and safety of 
 the community in which we reside, we have full 
 faith that your Commission will so act as to 
 bring about results which may prevent a collision 
 between the troops of Texas and those of the 
 Federal Government. 
 
 We are, gentlemen, very respectfully^. 
 Your obedient servants, 
 D. H. Vinton, 
 
 Major and Quartermaster. 
 Sackfield Macklin, 
 
 Paymaster U. S. Army. 
 
 R." H. K. Whitelev, 
 
 Captain of Ordnance. 
 
 Sup. Doc. 8. 
 
 S.vN Antonio, TEx.ts, ^ 
 
 February 16, 1S61, 6 o'clock a.m. ) 
 
 To the Officer in Command of the Department of 
 Texas : 
 
 Sik: You are hereby required in the name 
 and by the authority of the people of the State 
 of Texas, in convention assembled, to deliver up 
 all military posts and public property held by 
 or under your control. 
 
 Respectfully, etc., etc., 
 
 Thomas J. Devine, 
 S. A. Maverick, 
 P. N. Luckett, 
 
 Commissioners on behalf of the Committee 
 of Public Safety. 
 
 San Antonio, February 17, 1S61. 
 Brevet Major-Oen. D. E. Twiyys.^ Commanding 
 Department of Texas : 
 
 Sik : In our communication of the sixteenth 
 instant, we required a delivery up by you, of the 
 position held, and public property held by or 
 under your control, as Commander in this De- 
 partment. As no repl}^, save your verbal de- 
 claration (which declaration was that you "gave 
 up everything ") has been given to our note, and 
 as the undersigned are most anxious to avoid 
 even the possibility of a collision between the 
 Federal troops and the force acting on behalf of 
 the State of Texas, a collision which all reflect- 
 ing persons desire to avoid, and the consequences 
 of which, no man can predict; we again demand 
 the surrender up to the undersigned, of all the 
 posts and public property, held by you or under 
 your control, in this Department. 
 Please answer immediately. 
 
 We have the honor to remain, 
 Your obedient servants, 
 
 Thomas J. Devine, 
 S. A. Mavekick, 
 P. N. Luckett, 
 Commissioners on behalf of the Committee 
 of Public Safety. 
 
 Headquarters Department of Texas, ) 
 San Antonio, February IT, 1861. f 
 
 Messrs. Thomas j. Devine, S. A. Maverick, P. 
 
 If. Lucliett, Commissioners on hehaJf of the 
 
 Committee of Public Safety : 
 
 Gentlemen : In reply to your communication 
 of this date, I have to say that you are already 
 aware of my views in regard to the delivery of 
 the public property of this department, and I 
 now repeat, that I will direct the positions held 
 by the Federal troops, to be turned over to the 
 authorized agents of the State of Texas ; pro- 
 vided the troops retain their arms and clothing, 
 camp and garrison equipage, quartermaster's 
 stores, subsistence, medical, hospital stores, and 
 such means of transportation of every kind, as 
 may be necessary for an efficient and ordei-h' 
 movement of the troops from Texas, prepared 
 for attack or defence against aggressions from 
 any source. D. E.'Twiggs, 
 
 Brevet Major-General United States Army, Commanding 
 the Department. 
 
126 
 
 REBELLION RECORD, ISGO-Gl. 
 
 San Antonio, February 17, 1S61. 
 
 To Brerct Major- Gen. D. E. Twiggs, Comma nd- 
 
 ing the Department of Texas : 
 
 SiK : In reply to your communication of this 
 date, we have to say, that we accept the terms 
 therein set forth, with the conditions stated in 
 our note of tlie fourteenth instant, namelj'', that 
 the troops shall leave Texas hy way of the coast, 
 and upon arriving at the point or points of em- 
 barkation, will deliver up to the authorized agents 
 appointed for that purpose, all means of trans- 
 portation of every kind used by them, as like- 
 wise the artillery, if any be taken. 
 
 Respectfully, etc., etc., 
 Thomas J. Devine, 
 S. A. Maverick, 
 
 P. N. LUCKETT, 
 Commissioners on bclialf of tlie Committee 
 
 of Public Safety. 
 Headquarters, Department of Texas, \ 
 San Antonio, February IS, 1^61. ) 
 
 To Messrs. Thomas J. JJeciue, S. A. MavericJ,; 
 P. j^. Lncl-ett, Commissioners on l)elialf of the 
 Convention of the People of Texas : 
 Gentlemen : Your communication of the seven- 
 teenth instant, which you say is a reply to mine, 
 written yesterday, the seventeenth instant, was 
 received last night. I consent to the conditions 
 that the troops shall leave Texas by way of the 
 coast, with the provision expressed in my com- 
 munication of yesterda}^ 
 
 As to the condition of surrendering the guns 
 of the light batteries, that, you must see, would 
 be an act which would cast a lasting disgrace 
 upon the arms of the United States ; and under 
 no circumstances can I believe that the State of 
 Texas would demand such a sacrifice at my 
 hands, and more particularly so when I have 
 yielded so much to meet what I deem to be due 
 to the State, and to avoid any unnecessary col- 
 lision between the Federal and' State troops. In 
 this view of the case, I am sure you \\\\\ not in- 
 sist on a demand which, you must see, I am not 
 at liberty to grant. 
 
 I am, gentlemen, very respectfully. 
 Your obedient servant, 
 
 I). E. Twiggs, 
 
 Brevet Major-General, United States Array, Commanding 
 the Department. 
 San Antonio, February 18, 1S62. 
 
 To Brevet Ma/or- Gen. D. E. Twiggs, United 
 States Army, Commanding Department of 
 Texas. 
 
 Sir : In reply to your communication of this 
 date, we have to say tliat we accept the terms 
 therein stated, namely, that the two batteries of 
 light artillery, with the arms I'or the infantry and 
 cavalry, shall be retained by the troops under 
 your command, all other property as set forth in 
 our previous communication, to" be delivered uji 
 to agents authorized to receive it. 
 
 AVe remain, respectfully', 
 
 Your obedient servants, 
 
 Thomas J. Devine, 
 P. N. Luckett, 
 S. A. Maverick, 
 Commissioners on bebalf of the Committee 
 of Public Safety. 
 
 Headquarters Department of Texas, I 
 San Antonio, February IS, 1S61. ) 
 
 General Orders No. 5. 
 
 The State of Texas, having demanded, through 
 its Commissioners, the deliveiy of the miHtary 
 posts and public property, within the limits of 
 this command; and the Commanding General 
 desiring to avoid even the possibility of a col- 
 lision between the Federal and State troops ; the 
 posts will be evacuated by their garrisons, and 
 these will take up, as soon as the necessary pre- 
 parations can be made, the line of march out of 
 Texas by way of the coast, marching out with 
 their arms, (the light batteries with their guns,) 
 clothing, camp, and garrison equipage, quarter- 
 master's stores, subsistence, medical hospital 
 stores, and such means of transportation of every 
 kind, as may be necessary for an efficient and 
 orderly movement of the troops, prepared for 
 attack or defence against aggression from any 
 source. Tlie troops will carry with them pro- 
 visions as far as the coast. By order of 
 
 Brevet Major-Gen. Twiggs. 
 U. A. Nichols, 
 
 Assistant Adjutant-General. 
 
 San Antonio, February IS, 1861. 
 
 The undersigned Commissioners, on the part 
 of the State of Texas, fnlly empowered to exer- 
 cise the authority undertaken by them, have 
 formally and solemnlj'' agreed with Brevet Major- 
 Gen. David E. Twiggs, United States Army, com- 
 manding the Department of Texas, that the troops 
 of the United States shall leave the soil of the 
 State by the way of the coast ; that they shall 
 take with them the arms of the respective corps, 
 including the battery of light artillery at Fort 
 Duncan, and the battery of the same character at 
 Fort Brown ; and shall be allowed the necessary 
 means for regular and comfortable movement, pro- 
 visions, tents, etc., etc., and transportation. 
 
 It is the desire of the Commission, that there 
 shall be no infraction of this agreement on the 
 part of the people of this State. It is their wish, 
 on the contrarj^ that every facility shall be aflbrd- 
 ed the troops. They are our fi-iends. Tluy have 
 heretofore afforded to our people all the protec- 
 tion in their power, and we owe them eveiy con- 
 sideration. 
 
 The public property at the various posts, other 
 than that above recited for the use of the troops, 
 will be turned over to agents, to be appointed l>v 
 the Commission, who will give due and projier 
 receipts for the whole to the officers of the army 
 whom they relieve from the custody of the public 
 property. Thomas J. Devine, 
 
 P. N. Luckett, 
 S. A. Maverick, 
 
 Comniifsioncrs on behalf of the Com. of Public Safety. 
 San Antonio, Bexar Co., February S, ISGl. 
 
 Col. Ben. MeCuUoch : 
 
 Sir: The undersigned, ly virtue of the powers 
 vested in them by the Committee of Public Safe- 
 t}'', do hereby authorize and direct you, in the 
 name and by the authority of the State of Texas, 
 to call out and collect such numbers of the volun- 
 
DOCUMENTS. 
 
 127 
 
 teer force or "minute men," as you may deem 
 necessary for securing and protecting the public 
 property at San Antonio. Upon the assembHng 
 of the force, you will proceed, without dcla}^ to 
 San Antonio, and report to the undersigned when 
 you arrive in the vicinity of the city. 
 
 Thos. J. Devine, 
 Sam. a. Mavekick, 
 p. n. luckett, 
 
 Commissioners of Committee of Public. Safety. 
 
 Correspondence with Col. "Waite, and Lists of 
 Volunteers, sent to various posts. 
 
 [Copy.] 
 
 San Antonio, February 22, 1S61. 
 
 Col. G. A. Waite : 
 
 Sir : Your communication of the twentieth in- 
 stant, making a requisition on us for one hundred 
 wagons and six hundred mules, has been duly 
 considered, and the necessary orders will be is- 
 sued to carry out the requisition. 
 
 Yer}^ respectfully, your obedient servants, 
 
 P. N. LuCKETT, 
 
 Thomas J. Devtne, 
 S. A. Maverick. 
 
 [Copy.] 
 
 San Antonio, February 25, 1S61. 
 Col. C. A. Waite: 
 
 Sir: We have just learned that on Satvu-day, 
 Capt. John H. King, of the infiuitry, enlisted a 
 man in his companj^ If such is the case, we de- 
 mand that he be immediately discharged, and that 
 no further enlistments take place. 
 Ecspectfully, j^our obedient servants, 
 
 Thomas J. Devine, 
 vS. A. Maverick, 
 
 P. N. LuCKETT, 
 
 Commissioners on behalf of the Com. of Public Safety. 
 
 Headquarters, Department of Texas, | 
 San Antonio, February 26, 1S61. j 
 
 To Messrs. Tliomas J. Devine, S. A. Mavericlc, 
 and P. K. Lvcl:ett, Commissioners, etc. : 
 Gentlemen : In answer to your letter of the 
 twenty-fifth, I have to say, that I have directed 
 Captain King to discharge immediately the man 
 he enlisted. 
 
 I shall take measures to prevent the enlistment 
 in future of any citizen in Texas. 
 
 I am, gentlemen, very respectfully, your obedi- 
 ent servant, C. A. Waite, 
 
 Brevet-Colonel U. S. A. Commanding the Department. 
 
 Headquarters, Department of Texas, \ 
 San Antonio, February 21, 1861. ) 
 
 Gentlemen : I have been informed by Cap- 
 tain Reynolds, Assistant Quartermaster, that the 
 funds placed in his hands, pertaining to the Quar- 
 termaster's Department — and for which he is per- 
 sonally accountable to the Treasury — have been 
 seized by an armed body of Texans, and are no 
 longer in his possession. 
 
 The Commissioners, on the part of the State of 
 Te.vas, " formally and solemnly agreed with Bre- 
 vet Major-Gen. D. E. Twiggs, United States Army, 
 Commanding the Department of Texas," that 
 " the necessary means for regular and comfortable 
 
 movement, provisions, tents, etc., etc., and trans- 
 portation," shall be allowed the troops ; and that 
 the public property at the various posts other 
 than that above recited, "shall be turned over to 
 the agents," etc. The words, "public propert}'," 
 do not include money — and certainly not money 
 in the hands of disbursing officers who are per- 
 sonally accountable for it to the Treasury of the 
 United States. Their bondsmen, their private 
 property, and their commissions, are pledged to 
 their Government, for the faithful disbursement 
 of the funds entrusted to them. 
 
 Believing that a proper construction of the 
 agreement referred to, will not authorize the re- 
 tention of the funds lately in the possession of 
 Capt. Reynolds, and seized j^rior to the agreement 
 between the Commissioners and Gen. Twiggs. I 
 have to require that they may be returned to him 
 immediately. 
 
 I am, gentlemen, very respectfully. 
 
 Your obedient servant, 
 C. A. Waite, 
 
 Col. U. S. Array, Commanding Dep't. 
 
 To Messrs. Thomas J. Devine, P. N. Luckett, S. 
 A. Maverick, 
 
 Commissioners on behalf of Com. of Public Safety. 
 Head Quarters, Department of Texas, (Official 
 San Antonio, March 5, ISOl. ) copy. 
 
 U. A. Nichols, 
 
 Assistant Adjutant-General. 
 San Antonio, February 22, 1861. 
 
 To Col. C. A. Waite, U. 8. A., Commanding 
 
 the Department of Texas: 
 
 Sir : We are in receipt of j^our communication 
 of the twenty-first inst., in which you state that 
 " the funds placed in the hands of Capt. Rey- 
 nolds, Asst. -Quartermaster, and pertaining to his 
 department, have been seized by an armed body 
 of Texans, and are no longer in his possession." 
 You likewise state that " the Commissioners for- 
 mally and solemnly agreed with Brevet Major- 
 Gen. David E. Twiggs, Commanding the Depart- 
 ment of Texas, that the necessaiy means for regu- 
 lar and comfortable movement, provisions, tents, 
 etc., and transportation, shall be allowed the 
 troops, and that the public propert}^ at the va- 
 rious posts other than that above recited, shall be 
 turned over to agents, etc." You further state 
 " the words public property do not include money, 
 and certainly not money in the hands of disburs- 
 ing officers, etc." You likewise state that a proper 
 construction of the agreement referred to, will not 
 authorize the retention of the funds lately in the 
 possession of Capt. Reynolds and seized prior to 
 the agreement between the Commissioners and 
 Gen. Twiggs, and you (I) have to require that 
 they be returned to him immediately." 
 
 In reply to that portion of your communication 
 referring to our agreement with Gen. Twiggs, for 
 the comfortable movement of the troops, etc., we 
 have to remark that our actions with reference to 
 the movement of the troops will attest our will- 
 ingness to perform our part of the agreement ; 
 and we are now, as we have been heretofore, 
 ready and willing to caiTy it out, according to the 
 letter and the spirit of the agreement. "With 
 
128 
 
 REBELLION RECORD, 1860-61. 
 
 reference to that portion of your communication 
 relating to the words "public propert}' not in- 
 cluding money, etc.," we have to say that if the 
 word money was not used in our last communi- 
 cation to Gen. Twiggs, it was simply owing to 
 the fact that our communication of a previous 
 date, as well as our original demand on General 
 Twiggs, contained that word and its equivalents ; 
 that communication in which we agreed to the 
 terms of the note of the eighteenth inst., in which 
 Gen. Twiggs claimed the retention of two bat- 
 teries of "light artillery, refers to our previous 
 communications, in which we claimed all public 
 property ; and the reason is apparent, we claim 
 no interest in, or desire to meddle with, private 
 property, but we do now, as we have heretofore 
 done, claim as public property, all money belong- 
 ing to or held for the benetit of the Federal Gov- 
 ernment. Again, if it were necessary to show 
 that nothing was withdrawn by the undersigned 
 fi-om their original and repeated demands, or 
 understood to have been withdrawn on our part 
 by Gen. Twiggs, it will be found in the demands 
 made by that officer and several others, for trans- 
 j)ortation, etc., and freely furnished by the undei'- 
 signed, although no reference is made in express 
 terms to this obligation in any of the notes be- 
 tween General Twiggs and the undersigned, and 
 the reference is only found in our communication 
 of the fourteenth inst, to the ]\Iilitary Commis- 
 sion. We might still further add, that the Mili- 
 tary Commission, as well as Gen. Twiggs, repeat- 
 edly disclaimed anj- right on the part of the offi- 
 cer in command, to control disbursing officers in 
 their disposition of the public funds. If, then. 
 Gen. Twiggs has acted upon portions of our an- 
 swer of the fourteenth inst, although sucli por- 
 tions were not set out in our reply of the eigh- 
 teenth, it shows that he understood the referring 
 to that communication was a substantial embodi- 
 ment of its terms, in the communication in which 
 we referred to it. A consideration of these facts 
 will show the necessity for a complete under- 
 standing of all matters connected with or operat- 
 ing in any manner upon the question of our right 
 to obtain possession of, or control the funds of 
 the Federal Government in Texas, such funds 
 being subject, however, to the payment of legiti- 
 mate claims due either to soldiers or citizens. 
 For this purpose the undersigned submit the fol- 
 lowing questions, to be answered by the various 
 disbursing officers, or heads of departments, and 
 certified to respectively by them on honor. Ques- 
 tion : 
 
 1st. Please state what amount of funds in spe- 
 cie, coin, drafts, or otherwise, were in your cus- 
 tody or under 3^our control for pvu-poses connect- 
 ed with your department, or the performance of 
 your official duties, on the eighth day of Feb- 
 ruarj', 18G1 ? 
 
 Question 2d. Please state what portion of that 
 amount has been disbursed or changed from its 
 original condition between that day and the time 
 of answering this question, and how or where was 
 this disbursement or change made ? 
 
 Question 3d. Please state what amount of in- 
 
 debtedness exists against your department, at the 
 time of answering this qvicstion, and the persons 
 claiming the same, as nearly as it is in your pow- 
 er to do ? 
 
 Question 4th. Please state what amount in spe- 
 cie or coin has come into your possession since 
 the eighth of February, 1861, and what amount 
 has been placed to your credit, or at your dispo- 
 sal for the purposes conected with your depart- 
 ment, in other cities of the Union, since the eighth 
 of February, 1861 ? 
 
 Question 5th. Please state the amount of funds 
 connected with your department on hand, in spe- 
 cie, coin, drafts, or other evidences of money or 
 credit ; and please state the amounts of the re- 
 spective credits in this city, and with whom, as 
 likewise in other cities of the Union ? It is hoped 
 that the preceding five questions will be submit- 
 ted to the various disbursing officers residing in 
 this cit}^, and an answer is required within the 
 next eighteen hours. 
 
 The Commissioners do not desire, on the con- 
 trarjr, it is their determination that nothing shall 
 be done, by or through their agency, that is likely 
 to cause unpleasant consequences. Our instruc- 
 tions and sense of duty, however, alike demand 
 that all measures proper and necessary for the se- 
 ciu'ing the public funds for the benefit of the 
 State of Texas, shall be attempted, and, if possi- 
 ble, carried to a successful termination. 
 We remain, very respectfully. 
 
 Your obedient servant, 
 
 Thomas J. Devine, 
 S. A. Mavekick, 
 
 P. N. LUCKETT, 
 
 Commissioners on behalf of Committee 
 of Public Safety. 
 
 IlEADQnARTEUS DEPARTMENT OF TEXAS, ( 
 
 San Antonio, February 25, 1S61. S 
 
 To Messrs. TliomasJ. Devine, P. K LucJcett, S. 
 
 A. MaTerick, Commitisioners, etc., etc., San 
 
 Antonio : 
 
 Gentlemen : I have already acknowledged the 
 receipt of your letter of the twenty-second inst., 
 and the pressure of my public duties must be my 
 apology for not answei-ing it at an earlier date. 
 
 In regai-d to the five questions proposed in your 
 connnuuieation, and j'our request that the "vari- 
 ous disbursing officers, or heads of departments, 
 be required to furnish you with answers ' certi- 
 fied' by them 'on honor,'" I have to state that 
 I have no power to compel a compliance with 
 yom- wishes. An order of that kind would be 
 illegal, and they would not be bound to obey it. 
 As regards myself, if I were to issue an order 
 that would endanger the public funds, or cause 
 a disposition of them not sanctioned by law, I 
 should place my commission in jeopardy, and ren- 
 der myself liable for the amounts involved. In 
 relation to the payment of the claims against the 
 United States, I would remark that the disburs- 
 ing officers by whom the debts were contracted, 
 are the proper persons to pay them, as they alone 
 can know the amounts actually due. 
 
 I will here repeat what I have more fully stat- 
 ed in a former communication — that I cannot re- 
 
DOCUMENTS. 
 
 129 
 
 cognise the right of Texas to claim any portion 
 of the funds in the hands of the disbursing offi- 
 cers. In this view of the case, I am confirmed 
 by the most positive assurance of Gen. Twiggs, 
 that he has not at any time, or in any way, con- 
 sented to the transfer of the public funds to the 
 State of Texas. 
 
 I am, gentlemen, very respectfully, 
 
 Your obedient servant, 
 
 C. A. Waite, 
 
 Colonel U. S. A. Commanding the Department. 
 
 Headquarters Department of Texas, | 
 San Antonio, March 2, 1S61. ) 
 
 To Messrs. Thomas J. Denine, P. If. Lvcl-ett, 
 Samuel A. Maverick., Commissioners on hehaJf 
 of Committee on Puhlic Safety., San Antonio: 
 Gentlemen : I here repeat in writing the sub- 
 stance of the remarks made verbally to you yes- 
 terday, with respect to the funds on hand, the ex- 
 isting debts of the United States Quartermaster's 
 Department, and those which may accrue during 
 the sta}^ of the United States troops within the 
 limits of the State of Texas. 
 
 That I will exert the full extent of my author- 
 ity to cause to be paid to the citizens of Texas, 
 all just demands they may hold against the United 
 States, pertaining to the Quartermaster's Depart- 
 ment, or that may hereafter be contracted by said 
 Department, so far as the funds on hand will per- 
 mit ; and, further, that it having been ascertained 
 that the available funds on hand are not sufficient 
 to liquidate the present outstanding demands, I 
 will cause an estimate to be made for such further 
 sums as m&j be deemed sufficient — it being under- 
 stood and agreed to by said Commissioners, that 
 such sums as may be necessary for the hire of team- 
 sters, lighters, the purchase and delivery of for- 
 age, fuel, and other supplies, and to meet all the 
 expenditures necessary for a " regular and com- 
 fortable movement " of tlie troops on their march 
 from their present stations to the coast, and to 
 enable them to embark, shall be retained and 
 held subject to such expenditures. 
 
 I am, gentlemen, very respectfully 
 
 Your obedient servant, 
 
 C. A. Waite, 
 
 Col. Com'g Dept. Texas — Col. U. S. A. Comm. Dept. 
 
 Approved by the undersigned Commissioners 
 on behalf of the Committee of Public Safety. 
 
 San Antonio, Texas, March 2, 1861. 
 We, the Commissioners on behalf of the Com- 
 mittee on Public Safety, will place at the disposal 
 of the commanding officer of the troops in Texas, 
 such means of transportation as are at our com- 
 mand, to be used by said troops in transporting 
 their baggage, provisions, forage, and other sup- 
 plies, to such points on the coast as have been 
 selected for embarkation. 
 
 Thomas J. Devixe, 
 S. A. Maverick, 
 P. N. Luckett, 
 Commissioners on behalf of Com. of Public Safety. 
 
 {Circidar.') 
 
 Headquarters Department of Texas, 1 
 San Akto.niu, February 2.5, ISGl. ) 
 
 Sir: As some of the companies in the Depart- 
 ment have already evacuated their posts, deem- 
 ing the requirements of General Orders No. Five 
 immediate, the Department Commander calls the 
 attention of Post Commanders to the condition as 
 therein expressed, viz.: "As soon as the neces- 
 sary preparations can be made." The "necessary 
 preparations" will be made at these Headquar- 
 ters, and no troops will be put in motion until or- 
 ders for such purposes shall be issued from the 
 Department. 
 
 Should, however, any of the companies within 
 this command have left their stations, and be 
 found, on receipt of these instructions, on the 
 march for the coast, they will not consider the 
 above requirements as operative upon them, but 
 will continue their line of march. 
 
 I am, sir, very respectfully, 
 
 Yom* obedient servant, 
 
 U. A. Nichols, 
 
 Assistant Adjutant-General. 
 
 Copy of circular addressed to Post Command- 
 ers. For the State Commissioners, etc., San An- 
 tonio, Texas. 
 
 Office of Commissioners, ] 
 San Antonio, March 2, ISGl. f 
 
 To Colonel C. A. Waite, U. S. J., Commanding 
 
 Department of Texas : 
 
 Sir : We are credibly informed that after the 
 departure of Capt. jMacklin's company, from Camp 
 Verde, the soldiers of Company A, First infantry, 
 burned up a chest of saddler's tools, belonging to 
 the Federal Government, left by Capt. Brackett, 
 to be placed in the quartennaster's store. Five 
 days after, on the night of the return of that com- 
 pany to Camp Verde, the men broke into the 
 hospital, and after consuming the liquor, de- 
 stroj^ed all they could not conveniently appropri- 
 ate to their own use ; the night after, they broke 
 into the carpenter's shop, and destroyed every- 
 thing that was not appropriated by them to their 
 own use. 
 
 We desire to call your attention to this trans- 
 action, as it is not in the spirit or according to 
 the letter of the agreement between Gen. Twiggs 
 and the undersigned. We have to request that 
 this company be removed, as soon as possible, 
 from Camp Verde. The officers and men of Com- 
 pany A will be held liable for any destruction of 
 property, or other outrage, which they may fail 
 to prevent or be guilty of. 
 
 We remain, respectfully, etc., etc., 
 
 Thomas J. Devine, 
 ^ S. A. Maa'ekick, 
 
 P. N. Luckett, 
 
 Commissioners on behalf of the Com. of Public Safety, 
 
 HBADQtIARTERS, SAN ANTONIO, | 
 
 Texas, March 2, 1S61. f 
 
 To tlie Commissioners: 
 Sirs : I have the honor to report, that : 
 1. Lieut. S. W. McCallister, of Capt. Jordon's 
 company, with one sergeant, one corporal, and 
 eighteen privates, are en route for Fort Davis. 
 
130 
 
 REBELLION RECORD, 1860-61. 
 
 2. Sergeant C. Denman, of Capt. Teel's com- 
 pany, with one corporal and fifteen privates, are 
 en Toiite for Camp Stockton. 
 
 3. Lieut. J. C. Moody, of Capt. Teel's com- 
 pany, with one corporal and fifteen privates, are 
 en route for Fort Lancaster. 
 
 4. Sergeant T. L. Wilson, of Capt. Teel's com- 
 pany, with one corporal and fifteen privates, are 
 en route for Camp Hudson. 
 
 5. Lieut. B. E. Benton, of Seguin, has orders 
 to repair immediately to Fort Mason, with twenty 
 mounted men. 
 
 6. Lieut. James Paul, of Castroville, has orders 
 to repair immediatel}^ to Camp Yerde, with twen- 
 ty-five mounted men. 
 
 7. Lieut. W. Adams, of Uvalde, has orders to 
 repair immediately to Fort Inge and Camp Wood ; 
 ten mounted men at tlie former and twenty-five 
 mounted men at the latter place — in all, thirty- 
 five men. 
 
 8. Captain T. T. Teel and Lieut. Bennett are 
 awaiting orders, with fifteen privates each, to 
 garrison Fort Duncan and Fort Clarke. 
 
 9. Lieutenant Benton, Lieut. Paul, and Lieut. 
 Adams, furnish their respective detachments with 
 arms and ammunition, also horses. 
 
 10. If it be deemed advisable to muster the de- 
 tachments of Licuts. Benton, Paid and Adams, I 
 can repair to their stations, and do it. Colonel 
 McCuUoch did not deem it necessary that they 
 should report at these headquarters for that pur- 
 pose. I am, sir, respectfully, etc., 
 
 \Y. T. Meckling, 
 
 Captain and Assist. Adjutant-General. 
 
 To Hon. T. J. Devine, S. A. Mavekick, and P. 
 N. LucKETT, Commissioners. 
 
 Headquarters, San Antonio, Texas, ) 
 Marcli 1, ISOl. ) 
 
 To the Hon. Commissioners: 
 
 Sirs : T have the honor to report that I mus- 
 tered and inspected the several detachments of 
 State troops, who are to occupy Forts Davis and 
 Lancaster, Camps Stockton and Hudson, and re- 
 port them encamped about eight miles west of 
 this city, ready to march at a moment's notice. 
 
 Enclosed is a copy of the order assigning them 
 to their posts, and order of march. 
 
 I am, sirs, very respectfully, 
 your obedient servant, 
 
 W. T. Mecklixg, 
 
 Captain and Assist. .\(ljutant-General. 
 
 To Hon. T J. Devine, P. N. Luckett, and S. A. 
 Mavekick, Commissioners. 
 
 Answers to Capt. Blair and Major MacMin. 
 
 Memorandum of Subsistence, Funds and Lia- 
 bilities in the Office, and under the control of the 
 Commissary of Subsistence. 
 
 On deposit in New-Orleans, . . . $2,043 00 
 On hand in coin, 4,033 47 
 
 LIABILITIES. 
 
 For flour delivered, and in course of 
 
 delivery, at various posts, . . . $5,604 20 
 
 To fill requisitions for current ex- 
 penditures at the various posts, . 8,498 69 
 
 Total, $14,102 89 
 
 The above embraces the whole of the public 
 funds under my control, of all kinds and descrip- 
 tions, and all evidences thereof 
 
 W. B. Blair, 
 
 San Antonio, February 28, 1S61. Captain C. S. 
 
 San Antonio, Texas, Feb. 23, 1861. 
 To the Commissio7icrs : 
 
 Gentlemen : In answer to your demand, to be 
 informed of the amount of public money received 
 and expended by me since the thirty-first day of 
 October, 1860, as well as the amount now on 
 hand, and on deposit to my credit, I remark : 
 That on the twentieth of January, 
 1861, deposited to my credit, in 
 the Treasury, New-Orleans, . , $25,000 00 
 On the twenty - second of Febru- 
 ary, in the Treasury, New -Or- 
 leans, 50,000 00 
 
 Deposited to my credit in the Treas- 
 ury of New- York, on the first of 
 February, 1801, 5,000 00 
 
 Making total to m}'' credit, since the 
 
 thirty -first day of October, 1860, $80,000 00 
 
 Since the date of the above depo- 
 sits, T have expended in paying 
 the public dues from the deposits 
 in New-Orleans, $36,649 CO 
 
 Expended from the deposit in New- 
 York, 3,877 50 
 
 Total expended from the above de- 
 posits, $40,527 16 
 
 Leaving balance to be accounted for, 
 $39,472.84, which will be explain- 
 ed as follows, viz. : 
 
 Draft drawn liy me in favor of Lieut. 
 Thomas M. Jones, U. S. A., on 
 deposit in New-Orleans, and now 
 en route to this place, .... $30,000 00 
 
 Balance in Treasury, New-Orleans, 8,550 34 
 
 Balance in Treasury, Nesv-York, . 1,122 50 
 
 Total, 
 
 $7,570 47 
 
 Total amount on liand, on deposit 
 
 and en route to this place, . . $39,472 84 
 
 It is impossible for me to say, with a positive 
 certainty, what amount it will require to pay the 
 troops (for whom the estimate upon which the 
 above funds were furnished) to the present date. 
 But I am pretty certain that $10,000 will be suf- 
 ficient. 
 
 Please allow me to sa)% that there may be 
 some errors in this hasty report, but I feel well 
 assured that the errors are slight. 
 
 I have the honor to be, gentlemen, respectfull}'' 
 your obedient servant, Sackfield Macklin, 
 
 Late Paymaster United States Army. 
 
 To T. J. Devine, S. A. Mavekick, P. N. Luckett, 
 
 Commissiouera. 
 
DOCUMENTS. 
 
 131 
 
 {Report No. 2 — Oen. Rogers s Mission.) 
 
 Committee Room, Mai'ch 7, 1861. 
 
 To the Ron. 0. 31. Roheris, President of the Con- 
 vention : 
 
 The Committee on Public Safety beg leave to 
 report through you, to the Convention, that on 
 the fourteenth day of February they were in ses- 
 sion at the cit}^ of Galveston, and at that time 
 they felt the great necessity of having more arms 
 tlian were to be found in the State, and the Hon. 
 Geo. Williamson, Commissioner from Louisiana 
 to Texas, being then in that city, they caused 
 the Chairman of the Committee to address to 
 him a communication, which with the answer 
 thereto is herewith submitted. 
 
 Galveston, Texas, February 14, 1S61. 
 
 To Geo. Williamson.^ Commissioner from Louis- 
 iana to the State of Texas : 
 Dear Sir : The Committee of Public Safety 
 regret to have to make known to your State, 
 through yourself, the unfortunate condition of 
 Texas as to arms for her people. Should coercion 
 be the policy of the incoming Administration 
 at Washington, we hope to be able to bring into 
 the field as many strong arms and brave hearts, 
 as our Southern sisters ; but in this crisis we 
 must ask them to lend us whatever spare 
 arms they may have. The Committee beg to 
 know of you what assurances you can give to 
 Texas in behalf of your gallant State on this sub- 
 ject? Especially, sir, would we ask of you your 
 individual efforts in our behalf, to secure for us 
 the two pieces of ordnance, well known in the 
 history of Texas as the " Twin Sisters." We are 
 informed that they are now in the hands of the 
 State of Louisiana, having been lately taken fi'om 
 the Federal Government. 
 
 In conclusion, sir, allow me, in behalf of the 
 Committee, to extend to you the highest regards 
 of each member for yourself, personally, and 
 their best wishe.? for your welfare and happiness, 
 and that of your people. 
 
 I have the honor to be, very respectfully, 
 Your obedient servant, 
 
 J. C. Robertson, 
 Chairman of Committee of Public Safety. 
 
 Galveston, February 17, 1S61. 
 
 Hon. J. C. Robertson, Chairman Committee of 
 
 Public Safety : 
 
 Dear Sir : In reply to your note of this date, 
 I beg leave to state that owing to the timely and 
 patriotic action of the Governor, in seizing the 
 United States forts and arsenals in Louisiana, the 
 State is abundantly provided with arms. It is 
 needless for me to assure you that the State I 
 have the honor to represent as Commissioner, 
 feels the liveliest interest in everything that per- 
 tains to the safetj^ and protection of Texas. Re- 
 lying upon this feeling, and knowing personally 
 tlie Governor, I can assure you that he will do all 
 in his power to supply the want of arms you say 
 now exists in Texas. Her gallant sons who are 
 so eager to again recover her independence, 
 should have the means to accomplish their desire. 
 
 I shall use every effort in my power to accomplish 
 your wishes, both in regard to the arms and to 
 the historic "Twin Sisters." 
 
 Permit me to suggest to j'our Committee the 
 propriety of sending a Commissioner to the State 
 of Louisiana, to negotiate for a loan of arms and 
 munitions of war, vested with full authority to 
 receipt for the same in the name of the State of 
 Texas. I shall heartily cooperate with him. 
 
 I beg leave to tender my thanks to yourself 
 and the Committee, for the courtesies extended 
 to me during my agreeable visit to j'our State. 
 
 AVith assurances of my kindest regards and 
 respect, I have the honor to be 
 
 Your obedient servant, 
 
 George Williamson, 
 Commissioner of the State of Louidana. 
 
 They further report that from the tenor of said 
 letters in answer to the communication from the 
 Committee, they were encouraged to make the 
 effort to obtain some of the arms with which the 
 State of Louisiana was so abundantly supplied. 
 They accordingly issued to James H. Rogers, one of 
 this Committee, a commission to proceed to ac- 
 complish that object ; which commission, togeth- 
 er with his instructions as to the disposition of 
 said arms, are herewith submitted : 
 
 '■'■Commission.'''' 
 
 Committee Room, Galveston, Texas, ) 
 February 20, 1S61. j 
 
 To Gen. James U. Rogers : 
 
 Sir : You are hereby commissioned as a spe- 
 cial officer, to proceed at once to the city of Baton 
 Rouge, in the State of Louisiana, and there con- 
 fer with the Governor of said State, or other le- 
 gally constituted authority, for the purpose of pro- 
 curing therefrom as many arms as you can ob- 
 tain, for the use and benefit of the people of 
 Texas, and, in the event of your failing to obtain 
 the same, or a sufficient number thereof, from 
 said State to answer the present urgent demand 
 therefor in Texas, you shall, if in your judgment 
 it be right and proper so to do, proceed at once to 
 the State of Alabama, on a like mission. 
 
 John C. Robertson, 
 Chairman of the Committee of Public Safety. 
 
 [Attest] R. T. Brownkigg, 
 
 Secretary to the Committee. 
 
 ^'■Instructions.'''' 
 
 Resolved, That the Commissioner appointed to 
 visit the State of Louisiana, for the purpose of 
 procuring arms for the use of the State, be in- 
 structed to dispose of the same in the following 
 manner, namely : 
 
 One half the arms to be obtained by him shall 
 be shipped to J. M. & J. C. Murphy, Jefterson, 
 Marion County, Texas, subject to the order of the 
 Convention, and the other half to E. B. Nichols, 
 & Co., Galveston, Texas, subject to same ordei-. 
 
 A few days after the departure of said Commis- 
 sioner, he returned to this Committee the follow 
 ing encouraging communication : 
 
132 
 
 REBELLIOX RECORD, 18G0-C1. 
 
 New-Orleans, February 23, ISCl. 
 
 Hon John C. Jiolertson, Galrcston, Texas : 
 
 My Dear Sir : I arrived here safe yesterday 
 morning, met that prince of gentlemen, Col. AVil- 
 liamson, and I have conferred with him fully on 
 the object of my mission. He had just returned 
 from a visit to the Governor at Baton Rouge, 
 whither he went as our friend, on the subject of 
 arms. 
 
 He gave me the kindest assurances of the 
 friendly feelings of the Governor, and the people 
 of Louisiana to our cause, and introduced me to 
 Gen. Bragg, who assures me of the loan of five 
 thousand stand of arms, and gives me letters to 
 the Governor, stating the abilitj' of Louisiana to 
 spare so many — two thousand percussion and 
 three thousand flint and steel. I have seen the 
 arms, they are good and in prime order, and I 
 shall receive them, believing it to be for the inter- 
 est of Texas. 
 
 Col. Williamson says he has procured the Legis- 
 lature of this State to dress up and remount the 
 ■' Twin Sisters," and has their assurance that 
 they will then be presented to Texas b)^ Louis- 
 iana. 
 
 Gen. Bragg says he has assurances from United 
 States officers in Texas, that if the}'^ are properly 
 treated they will come into the service of Texas, 
 and strongly recommends mildness and courtesy 
 towards them ; that such a course will bring them 
 to us, and make them a breastwork for our de- 
 fence. 
 
 Allow to recommend respectfully the views of 
 Gen. Bragg on this subject as being those of 
 M'isdom and prudence, and to beg that they may 
 be adopted. 
 
 I shall leave this evening for Baton Rouge, 
 and will get back to Austin as soon as I can. 
 
 Once more — mildness and peace is the true 
 policy for Texas. Give the officers and soldiers 
 a chance, and all will be well. For God's sake 
 and the interest of Texas, avoid harshness and 
 blood — the latter is ruin, the former, prosperity 
 and safety. 
 
 In much haste, very respectfully, 
 
 James PI. Rogers. 
 
 The Committee have the pleasure to announce 
 to the Convention, that said Commissioner has 
 returned from his mission, and submitted to the 
 Conunittee the following report and accompany- 
 ing documents, all of which they respectfully 
 submit to the Convention as a part of this 
 report. 
 
 The Committee further state that at the very 
 earliest ])ossil)le moment they will furnish further 
 reports of their proceedings. 
 
 I have the honor to be, very respectfully, 
 JoTix C. Robertson, 
 Chairman of Committee of Public Safety. 
 Report of J. II. Rogers^ and accompanying Docu- 
 ments. 
 
 Austin, Texas, March 5, 1861. 
 
 To Eon. J. C. Rolertson, Chainnan of Committee 
 
 of Puhlic Safety : 
 
 Sir: In obedience to instructions given me, 
 and acting by authority of the Convention of 
 
 the State of Texas, as Commissioner to the State 
 of Louisiana, charged with the duty of procur 
 ing arms of that State foi- the defence of Texas, 
 in case of invasion, I have the honor to report : 
 
 That on the twentieth day of February, 1801, 
 I left the city of Galveston, and on the twent}'- 
 second, reached the city of New-Orleans, and 
 entered immediately upon the discharge of sa d 
 duty. 
 
 It affords me great pleasure to state to yon, 
 and through yon to the Convention, that owing 
 to the kindly aid of the late Commissioner from 
 the State of Louisiana to the State of Texas, Col. 
 George Williamson, and also to that of Major- 
 Gen. Bragg, and the warm feeling of friendship 
 entertained by the Governor of the State towards 
 Texas, I had but little difficulty in the discharge 
 of my mission. 
 
 On the twenty-third of February, I had the 
 honor to address to his Excellency the Governor 
 of the State of Louisiana, the communication 
 hereto appended, (marked No. 1,) and received 
 from him promptly, an order for five thousand 
 stand of arms, four thousand two hundred and 
 fifty flint and steel, and seven hundred and fifty 
 percussion muskets. 
 
 Whilst this order was being filled, the news 
 of the capture of arms and munitions of war at 
 San Antonio, and the subsequent agreement be- 
 tween our Commissioner at that point, and Bre- 
 vet Major-Gen. Twiggs, for the withdrawal of 
 the Federal troops from Texas, and the surrender 
 of the arms at the various posts in^ Texas, was 
 received by Gov. Moore, who immediately ad- 
 dressed me the appended note, (marked No. 2,) 
 limiting the original order to one thousand stand 
 of muskets, with assurance that should necessity 
 recpiire it, this loan shovdd be increased. 
 
 I would further report that on the twenty- 
 sixth of February, I received by order of the 
 Governor the said arms. In obedience to your 
 instructions, I immediately had shipped five 
 hxnidred stand to Messrs. J. M. & J. C. Murphy, 
 Jefferson, Marion County, Texas, and five hun- 
 dred stand to Messrs. E. B. Nichols & Co., Gal- 
 veston, where they now are, subject to the order 
 of the Convention. It was impossible to pro- 
 cure either cai'tridge-boxes or ammunition, as the 
 State of Louisiana was not sufficiently provided 
 to extend the loan. Failing in this, and deeming 
 it necessarj^ to ascertain where the State of Texas 
 could most speedily supply herself, I instituted 
 incjuiry in the city of New-Orleans, and am able 
 to furnish the Conunittee with satisfactory in- 
 formation upon that point, by appending state- 
 ment marked " A." 
 
 The muskets I receipted for in the name of the 
 State of Texas, and have pledged the fiiith of the 
 State for their return, or payment at their ap- 
 praised value. I have the pleasure to inform you, 
 that through tlie agcncj^ of Col. Williamson, the 
 Legislature of the State of Louisiana has ordered 
 the " Twin Sisters," the San Jacinto thunderers, 
 to be remounted in fine style, and presented by 
 the State of Louisiana to the State of Texas, 
 which I am assured will be shortly done. I feel 
 
DOCUMENTS. 
 
 133 
 
 confident that this delicate demonstration of 
 regard for our State, will be duly appreciated by 
 yourselves and the gallant people of Texas, 
 whose interests you represent. 
 
 Having been instructed to make application to 
 the State of iVlabama, for a similar loan of arms, 
 etc., whilst in New-Orleans, I telegraphed our 
 delegates at Montgomery, enquiring as to the 
 chance of success in that quarter, and received 
 fi-om the lion. W. B. Ochiltree, the following 
 reply : 
 
 MONTGOJLERY, Feljruary 22, 1861. 
 
 Gex. J. H. Rogers : Alabama having to sup- 
 port Florida, can spare no arms to Texas for the 
 present. W. B. Ochiltkee. 
 
 I therefore did not prosecute that branch of 
 my mission further, deeming it unnecessary to 
 do so. An invoice of ordnance and ordnance 
 stores, receipted for by me, I herewith transmit to 
 you, (marked "B,") together with other documents 
 referred to, for your inspection. I cannot close 
 this report without expressing my heartfelt grati- 
 tude, as a citizen of Texas, to his Excellency Gov. 
 Thomas 0. jMoore, to Gen. Bragg, and to Col. Geo. 
 Williamson, for their generous kindness to me, 
 whilst acting as your agent. Trusting that I 
 have satisfactorily discharged the duty imposed 
 upon me, I have the honor to remain, 
 
 Yours most respcctfullj'', 
 
 James H. Rogers, 
 
 Commissioner. 
 
 {Communication No. 1.) 
 
 New-Orleans, February 2.3, 1861. 
 
 To Ms Excellency tlie Governor of the Sovereign 
 
 State of Louisiana : 
 
 Sir: I have been honored by the State of 
 Texas, with the performance of a duty alike re- 
 sponsible and delicate. Your Excellency has 
 been notified that on the first of February, 18G1, 
 the Ordinance ratifying and acceding to the arti- 
 cles of annexation, passed on the fourth of July, 
 1845, were formally annulled by a Convention of 
 the people of Texas, assembled at our capital 
 city, Austin. The ordinance of secession was 
 submitted for ratification or rejection to the peo- 
 ple of the State, to be determined at the ballot- 
 box, on this the twenty-third of this month. 
 
 Such has been the confidence of the delegates 
 in the action of the people, that although the 
 Convention has taken a recess until the second 
 of March next, active measures have been in the 
 mean time taken, to provide against the threatened 
 attempt at coercion. Entertaining a lingering 
 hope that a returning sense of justice would in- 
 duce the dominant party of the old Union, to 
 pursue such course as would justify a continu- 
 ance of that Union, our people have permitted the 
 day of results to dawn upon them unprepared to 
 a great extent for the coUision that now seems in- 
 evitable. The determination of the people of 
 Texas is fixed ! Whatever may be the conse- 
 quences, Texas has thrown her influence, and 
 will throw her sword into the scales, with her 
 sister Southern States, The relations, both social I 
 
 and commercial, which have grown up and so 
 closely entwine each, make the interests and 
 future destiny of Texas and Louisiana the same. 
 The idea of a separate republic has never been 
 seriously entertained by the people of Texas. 
 
 The enemies of secession have attempted to 
 embarrass immediate action, by intimating such 
 a course. I beg to assure you, as the recent 
 action of our Convention, in sending delegates to 
 the Montgomery Convention, indicates, that Texas 
 will link her destinies with the fortunes of her 
 sister cotton and sugar-growing States, and the 
 banner which waves over their patriotic sons, in 
 peace or war, will float over the undaunted sons 
 of the Lone Star State. 
 
 The mansion and cottage hearth-stone shall 
 be made desolate, and the west bank of the Red 
 River become a frontier, before hostile Federal 
 troops will from her direction, ever place foot 
 upon the soil of Louisiana. 
 
 Circumstances require that Texas should ap- 
 peal to Louisiana for arms in this emergency, 
 and 1 have the honor to be commissioned for this 
 purpose. I am prepared to guarantee to your 
 Excellency their proper use, and unless lost in 
 glorious battle for freedom and equal rights, 
 their safe return. 
 
 I have the honor to be, sir, 
 
 Very respectfully, your obedient servant, 
 
 James H. Rogers. 
 
 {Communication No. 2.) 
 
 Executive Office, Baton Rouge, La, I 
 February 25, 1861. ) 
 
 To Gen. James IT. Rogers, Agent of the State oj 
 
 Texas. 
 
 Sir : In consequence of the ncM'S this dsij re- 
 ceived, of the withdrawal of Gen. Twiggs and his 
 command from Texas, and of the State's thus get- 
 ting possession of large quantities of military mu- 
 nitions, I presume there no longer exists the want 
 of arms which you were sent here to procure. 
 But as the arms, etc., surrendered by the retiring 
 corps of the United States troops, are in Western 
 Texas, leaving Eastern Texas comparatively desti- 
 tute, I have ordered one thousand stand of mus- 
 kets to be issued, for the purpose of being sent to 
 Jefferson for distribution in that portion of the 
 State. 
 
 Should my inference from the reported retiring 
 of Gen. Twiggs and command prove ciToncous, I 
 shall respond to a renewal of your call for a loan 
 of arms, by promptly shipping such as we may 
 then be able to spare. 
 
 Fully approving the active preparation made 
 by the authorities of Texas for her defence, and 
 desirous of aiding them in every proper ^^■ay, I 
 remain, very respectfully. 
 
 Your obedient servant, 
 
 Thomas 0. Moore, 
 
 Governor of the State of Loukiana. 
 (Document "yl.") 
 
 Statement from P. Rotchford, Agent for the 
 Du Font's powder. 
 
 United States cannon powder, .... $6 
 
134 
 
 REBELLIOX RECORD, 1860-61. 
 
 100 kegs rifle, $0 
 
 500 " musket, 6 
 
 at the powder magazine. 
 
 Common cannon powder is only $5 per keg, 
 for blasting and for saluting purposes. 
 
 It will be necessary to give some timely notice 
 in order to have any quantity of powder. A\'e 
 have also some rille powder at '^o, which is con- 
 sidered good, but only one or two hundred kegs ; 
 it would, no doubt, do for cannon, as it is strong. 
 
 P. KOTCHFOKD, 
 
 49 Union Street. 
 
 (Document Ko. 3.) 
 Invoice of ordnance and ordnance stores, turned 
 over by H. Oladowski, commanding Baton Rouge 
 Arsenal, to James H. Rogers, Agent of the State 
 of Texas, in obedience to order of Governor and 
 Commander-in-Chief of the State of Louisiana 
 Arm3\ 
 
 1000 muskets, altered to percussion model, 1822. 
 1000 screwdrivers for percussion arms. 
 1000 cones " " " 
 
 1000 wipers for muskets " " 
 
 100 ball screws for " " 
 
 100 screw-vices " " 
 
 50 arm chests. 
 
 I certify that the above is a correct invoice of 
 ordnance and ordnance stores, turned over by 
 me, this twenty-sixth day of February, 1861, to 
 James H. Rogers. II. Oladowski, 
 
 Coiniuandinj; Arsenal. 
 
 The surrender of the public property in San 
 Antonio, as reported by the Committee of Public 
 Safety, was not without embarrassments. The 
 concentration of so large a body of undisciplined 
 men with arms in their hands, and with excited 
 feelings aaainst the Federal Government, was 
 with diiiicult}^ controlled. All business was sus- 
 pended, the stores were closed, and a collision 
 momentarily expected between the few United 
 States troops on duty and the Texas forces, re- 
 gardless of the authority of their superiors. There 
 were on duty in the city one hundred and twenty 
 men, belonging to the First and Eighth United 
 States infantry, commanded by a Captain now a 
 Major in the army of the Confederated States. 
 The sixteenth and seventeenth of February were 
 occupied in the interchange of opinions and views 
 between the Commander and the Texan Commis- 
 sioners. A demand was made for the uncondi- 
 tional laying down of the arms in the hands of 
 the United States troops, and it was not until the 
 morning of the eighteenth inst., when a Sergeant, 
 having accidentally heard of what was meditated, 
 informed his Commander "that further delay was 
 vninecessary," as the men had openly declared 
 that they would resist all such attempts, and die 
 with their arms in their hands." It was appa- 
 rent that if the effort was made, blood would be 
 shed, and a most fearful conilict ensue within the 
 limits of the city. The design was abandoned, 
 and the connnand marched out of the city, in the 
 presence of tifteen hundred Texas troops, with 
 their arms in their hands, colors Oying, and drums 
 beating. Col. C. A. Waite, Fu-st infantry, United 
 
 States army, superseded Gen. Twiggs, by orders 
 from AVashington, which he receivetl at Camp 
 Verde, his station, sixty-five miles distant, on 
 the sixteenth of Februar}^, 18(U. Col. Waite, 
 ignorant of what had transpired in San Antonio, 
 obeyed his instructions immediately. The Com- 
 missioners of Public Safety apprehending this, 
 and learning from general report that Col. Waite 
 was as then termed an abolitionist, or a black re- 
 publican, adopted the most sti-ingent measures to 
 prevent liis interfering in the complete accomplish- 
 ment of their designs. Detachments of mounted 
 men were posted upon every road leading to and 
 from Camp Yerde, with instructions to arrest Col. 
 Waite, and keep him in close confinement. It 
 so happened that Col. Waite, on his way to San 
 Antonio, lost his road, and taking an Indian trail, 
 reached tlie city, unknown to the authorities, on 
 the morning of the nineteenth of February, the 
 day after the completion of the capitulation. He 
 found himself alone and helpless. Any attempt 
 to break the terms would have caused his arrest 
 and confinement. His duty now was towards 
 those officers and soldiers fiir removed upon the 
 frontier, who, in total ignorance of the treason 
 which had sold them into captivity, had, as before 
 stated, but a limited supply of provision, ammu- 
 nition, and the means of transportation. To com 
 municate with them was impossible, without per- 
 mission from the " Committee of Public Safety." 
 The highways to the interior were filled with 
 armed men, with instructions to arrest persons 
 travelling to and fro, and to withhold all letters 
 found in their possession. There was no alter- 
 native but to have an amicable understanding 
 with the Texan authorities, in order to relieve 
 the troops serving upon the frontier. The means 
 were accordingly granted Col. AVaite, in the way 
 of horses and provisions, to enable him to com- 
 municate with the officers of his command. Passes 
 were given to express men by the Committee of 
 Public Safety, to permit them to reach the vari- 
 ous posts along the frontier with instructions from 
 "Col. Waite. These instructions were examined 
 by the Committee before being sent. As offensive 
 and humiliating as it was to the Commander, the 
 order of Gen. Twiggs, directing the withdrawal 
 of the troops from Texas, was transmitted to the 
 officers in the interior, at the same time inform- 
 ing them that transportation and subsistence 
 would be sent as early as possible, 'i'he otticers 
 saw in the surrender of Twiggs, imavoidable em- 
 barrassments surrounding them, Ijut a repetition 
 of the disastrous and disgraceful events which 
 had been enacted throughout the country the 
 two months past. Our ffag had been dishonored, 
 forts, arsenals, and treasury had been plundered, 
 still the heart of the nation, throbbing with indig- 
 nation, sought reconciliation and forl)earance to 
 avoid collision and the shedding of blood. Isolated 
 as they were, with small commands in i)osts and 
 detached camps, upon a frontier of fourteen hun- 
 dred miles, destitute of subsistence and means 
 of connnunication, and a march of from two to 
 six hundred miles through an enemy's country, 
 to a point of embarkation, there was no alterua- 
 
DOCUMENTS. 
 
 135 
 
 tive but to submit without remonstrance to the 
 terms of capitulation agreed upon in San Antonio 
 on the eighteenth of February, 1801. To resist 
 would have been but a cruel forfeiture of the 
 lives of the Ijrave men around them, who, regard- 
 less of consequences, expressed their willingness 
 to die upon the soil. Temporary success might 
 have been accomplished, but before they could 
 have reached the coast for embarkation, they 
 would have been intercepted and decimated by 
 the thousands of Texas volunteers now eflective- 
 ly armed with the materials of war plundered 
 from the Federal Government. 
 
 It was my fortune to reach San Antonio early 
 in the month of March, and to become a partici- 
 pator in the results of these humiliating events. 
 I had escaped detection when passing through 
 the seceding States, in the hopes of joining my 
 command at Fort Bliss on the extreme frontier 
 of Texas. On the route of travel from Cincinnati 
 to New-Orleans by steamer, passengers were 
 greatly excited, discussing the political events of 
 the daj^ 'Men from the North and the South 
 then dared to communicate to each other their 
 hopes and fears upon the exciting events agitat- 
 ing both sections of the country ; and travellers, 
 in social conversation, unhesitatingly expressed 
 their devotion to the Union, and their anxietj' 
 that the political dissensions, now so threatening, 
 should be amicably adjusted in despite the activ- 
 it}^ of political organizations so fast involving their 
 States in secession and consequent ruin. The 
 telegraph was the means of keeping the cities and 
 towns bordering the Mississippi River in a con- 
 stant state of fermentation. At Memphis informa- 
 tion was received that Fort Sumter had been reen- 
 forced, and that a war of extermination had been 
 declared bj'^ President Lincoln against the South. 
 At Natchez intelligence was in like manner com- 
 municated that Fort Sumter had capitulated, and 
 that Mr. Lincoln had fled from "W'ashington. Ex- 
 tras from the various newspapers scattered these 
 reports into every county in the States. Bonfires 
 and cannon celebrated the one, while the former 
 only tended to exasperate the morbid tastes and 
 feelings of the populace, and to discard the long- 
 cherished affection for the Union. These reports 
 were not contradicted nor were they designed to 
 be ; ftilse impressions were thus made upon the 
 minds of good and loyal men, and love for our 
 common country was turned to malignant hate 
 through the activity of malicious and designing- 
 men. At New-Orleans the State Convention was 
 in session, and the grave question was being dis- 
 cussed, as to whether the Constitution of the 
 Confederated States should be submitted to the 
 people. In common with others, supposed to be 
 friends, I expressed my views and wishes in re- 
 gard to the course of the Administration, vindi- 
 cated its justness, fiiirness, and liljerality to all 
 parts of the Union, and declared my belief that 
 we would yet come together in harmony and in- 
 terest. I was informed in the course of the day 
 that my opinions were tr-easonable and had been 
 reported to tlie Convention, and in order to avoid 
 detection, my judicious course was to leave the 
 
 city as early as practicable. Not wishing to be 
 annoyed, I left for San Antonio the next morning, 
 and the day after my arrival there, was iTiformed 
 by the Committee of Public Safety that I would 
 not be pei'mitted to proceed farther upon my 
 journey. An emissary from the Convention, I 
 learnt, had accompanied me from New-Oilcans to 
 vSan Antonio. I found the city in the hands of 
 Texas, business was suspended, and the populace 
 still doubting to which Government thcj' belonged, 
 waiting the crisis of portending events. The ban- 
 ner of the " Lone Star" was flying from all the 
 public buildings, which, in a few days, was re- 
 placed by the confederate flag. The authority of 
 the United States Government, civil and military, 
 was discarded, and the entire country was gov- 
 erned b3'-a vigilance committee^ supported by vol- 
 unteer troops. 
 
 Secession was accomplished ; and the absence 
 of industry and cheerfulness so striking in this 
 beautiful and once enterprising town, told plainly, 
 but sadly, the despotism of error, and the inevit- 
 able results from misguided public opinion. Col. 
 Waite was actively engaged in carrying out, in 
 good foith, the terms of capitulation which unfor- 
 tunately had fallen to his lot to execute. He was 
 without any instructions whatever fron_i the Gov- 
 ernment at Washington other than that trans- 
 ports had been ordered from New-York to Texas 
 for the troops ; he hastened their departure to 
 avoid that which was so much apprehended — 
 collision and the shedding of Mood. The troops 
 from the frontier, as fost as transportation could 
 be obtained, passed through San Antonio in de- 
 tachments for Indianola, the port of embarkation, 
 where it was expected transports would be await- 
 ing their arrival. Emissaries from the confeder- 
 ated States hung upon their flanks and sought 
 their camps from day to day, endeavoring by 
 promises of pay and increased rank to induce 
 them to join their cause. To such solicitations 
 these brave and hardy veterans were unapproach- 
 able, and declared their determination to serve 
 the Government they loved and honored, and to 
 sustain that flag which they had carried in tri- 
 umph through so many conflicts and perils. 
 
 AVhen these troops, some twelve hundred, were 
 encamped at Indianola, a more direct and strenu- 
 ous eftbrt was made to alienate them from their 
 loyalt}". Col. E. Van Dorn, now of the confeder- 
 ate army, but recently a captain in the Second 
 United States cavalry, was deputed hy the au- 
 thorities of Montgomery to visit this camp to en- 
 deavor to obtain both officers and men. To insure 
 success, he brought with him written authority 
 from the President of the confederated States, 
 guaranteeing increased rank and pay. His service 
 in Texas, his long association with the officers 
 and men, many of the latter of his own company 
 which he so recently abandoned, might, it was 
 supposed, induce many to join the government 
 which he acknowledged, but after two days of 
 fruitless etlorts, he abandoned the project, and 
 owned his mission a failure. These troops em- 
 barked for New- York on the fifth of April, as did 
 also a detachment from the mouth of the Kio 
 
136 
 
 REBELLION" RECORD, 1860-6L 
 
 Grande in accordance with the understanding 
 with the State of Texas. The remote stations of 
 some of the commands prevented their ai'rival at 
 Indianola as soon as anticipated, or as soon as 
 could be desired. In the mean time the political 
 aspect of events throughout our country was to 
 those straggling to escape from Texas sad and 
 discouraging indeed. No instructions, no encour- 
 agement, no S3'mpathy was received from any 
 quarter by those whose loyalty had been so con- 
 sjiicuously and faithfully ti-ied. As the deter- 
 iriination of the Government to maintain inviolate 
 the Constitution and the Union became known, 
 the acrhnou}^ and vindictiveness of the citizens in 
 this quarter increased in a corresponding ratio. 
 The surrender of Fort Sumter was received in 
 San Antonio on the seventeenth of April. There 
 was no rejoicing among the people. The active 
 leaders in secession endeavored to infuse into the 
 populace some expressions of exultation, but the 
 prevailing sentiment was depression and gloom. 
 It was the tocsin which aroused the American 
 people to arms. At this time a detachment of 
 three hundred infantry, commanded by Major C. 
 Sibley, United States army, had encamped at 
 Indianola preparatory to embarkation. The 
 steamer Star of the West was daily expected to 
 take the command to New-York. In painful 
 anxiety these troops were kept in suspense for 
 many days, surrounded by an active and vindic- 
 tive enemy. A steamer was sent to search after 
 the long looked for vessel, and while under way 
 an attempt was made to run her ashore, and thus 
 defeat the object, and would have proved success- 
 ful had not the United States officer on board 
 seiz^ed the captain and threatened him with in- 
 stant death. Such was the vigilance and power 
 of secession committees, no man, however humble 
 or elevated his vocation, dared to express his 
 favorable sentiments towards the United States 
 Government by word or deed. The authorities 
 at Montgomery now finding that the attack upon 
 Sumter would precipitate an open warfare, des- 
 patched Col. Van Dorn with instructions to armrest 
 the United States officers and soldiers remaining 
 Texas. Upon reaching Galveston he learned that 
 the Star of the West was expected at Indianola, 
 when he obtained the steamer General Husk, 
 placed on board an armed force of volunteers with 
 artillery awaiting the embarkation of Major Sib- 
 ley's command. Approaching her by night he 
 was hailed and answered: "United States troops 
 to come on board." He was directed to come 
 alongside. Col. Van Dorn and his conunand 
 were assisted on board, when the captain and 
 ci'cw were made prisoners of war, and the sliip 
 taken possession of in the name of the confeder- 
 ated States. Major Sibley ignorant of these 
 events, and abandoning all hopes of the Star of 
 the West, chai'tered two small schooners, the 
 only vessels in port, and eml)arked his command 
 for New-York. Upon getting under way, and 
 proceeding to the sea, the vessels were found so 
 crow Jed with men, women, children, and their 
 baggage, it was found impossible to manage them, 
 when an effort was made to obtain another trans- 
 
 port. The delay was fatal. While this was be- 
 ing acconqilished, Col. Van Dorn entered the bay 
 with three steamers laden with armed iuen from 
 Galveston, upon which was placed artillery, pro- 
 tected by cotton-bags. He intercepted this most 
 unfortunate cotnmand, and demanded an uncon- 
 ditional surrender. Jlajor Sibley and his little 
 band were helpless ; resistance was destruction. 
 After much delay, terms were made, and anus 
 were surrendered, and the officers and men M"erc 
 permitted to return to their Government on parole. 
 Here again that loyalty which had heretofore dis- 
 tinguished oiu" soldiers was evinced, for, though 
 surrounded by an cnemj', and threatened with 
 destruction, they commenced tlu'owing their mus- 
 kets overboard, and were only prevented b}' the 
 timely interposition of their officers. Upon the 
 surrender of their arms was conditioned their 
 obtaining subsistence from day to clay. They 
 denounced the authority that so disgracefully 
 betrayed them, and turned with pride and exult- 
 ation to the Government they had served, and 
 which they believed would extol their fidelity 
 and punish the aggressors. While these events, 
 so disgraceful and disastrous to our arms, were 
 transpiring at Iiidianola. all communication was 
 cut off with San Antonio by tlie large num))er of 
 Texas troops in the field. These troops had con- 
 gregated on the coast to capture Major Sibley and 
 his command in the event of his not embarking. 
 Col. Waite, at San Antonio, was ignorant of 
 the fate of the troops at Indianola, as he was of 
 the command under Brevet Lieut. -Col. Reeve, 
 Eighth infancy, consisting of three hundred men 
 and five officers ; which had, it was supposed, 
 left Fort Bliss, on the Rio Grande, early in the 
 month of April, but in like manner was depi'ived 
 of communicating with them. A vague rumor 
 had got abroad in the conuuunity, that the offi- 
 cers and men remaining in Texas were to be ar- 
 rested and detained as prisoners of war. The 
 proclamation of the President of the United States 
 liad been received, allowing twenty days for the 
 laying down of arms. This exasperated the pop- 
 ulace, and changed our heretofore social inter- 
 course among the citizens to distant coldness 
 and reserve. We felt that we were in a foreign 
 land, surrounded by enemies. No conununica- 
 tion was had with the Government at Washing- 
 ton ; indeed, from the well-authenticated reports 
 received from New-Orleans, and from Montgom- 
 ery, serious doubts were entertained whether the 
 Government we claimed was in existence. The 
 telegraph despatches from New-Orleans, of April 
 twenty-third, announced that Gen. Scott was at 
 tlie liead of the Virginia troops marching on 
 Washington, that President Lincoln had fled, 
 and that sixty thousand men from Virginia and 
 Maryland were surrounding the Capital. That 
 the Seventh New -York, and the Massachusetts 
 regiments, had been cut up in Baltimore ; and 
 that a strong force was beiug organized in the 
 North, in opposition to the policy of coercion 
 adopted by the President of the United States. 
 The hopes and prosjjects of our country were 
 gloomy and discouraging. 
 
DOCUMENTS. 
 
 137 
 
 On the morning of the twenty -third of April, 
 from the assembling of the confederated troops 
 and volunteers, it was evident some important 
 measm'e was contemplated. The populace were 
 crowding the streets in anticipation of the event. 
 By ten o'clock, it became known that Colonel 
 Waite, and the officers on duty with him, who 
 were carrying out, with the utmost energy and 
 good faith, the terms of the capitulation, were 
 to be made prisoners of war, bj'' orders from the 
 President of the so-called Southern Republic. 
 Capt. Wilcox, with his company, was designated 
 to perform this duty, while a formidable force was 
 in the vicinity, lest these fourteen officers, without 
 arms or men, should manifest a disposition to resist 
 this most flagrant violation of the terms agreed 
 upon by Gen. Twiggs with the Texas Commis- 
 sioners. The following is a minute detail of the 
 transaction as recorded at the time : 
 
 Memorandum relating to the Arrest of Colonel 
 
 C. A. Waite, U. S. A., and the Officers of the 
 
 JJ. S. Army on Duty at San Antonio, Texas, 
 
 without troops. At Col. Wane's Quarters, Col. 
 
 Waite and Major Sjyrague only 2)resent. 
 
 San Antonio, Texas, April 23, 1S61. 
 
 Capt. Wilcox, [with his sword, commanding 
 Texas troops]. — Good morning, Colonel ! 
 
 Col. Waite. — Good morning, sir. 
 
 Capt. Wilcox. — I have come to request you to 
 go over to Major Macklin's office. 
 
 Col. Waite. — For what purpose, sir? 
 
 Capt. Wilcox. — As a prisoner of war! 
 
 Col. Waite. — What authority have you ? 
 
 Capt. Wilcox. — I have authority from Major 
 Macklin. 
 
 Col. Waite. — Who is Major jMacklin ? 
 
 Capt. Wilcox. — An officer of the confederate 
 States. 
 
 Col. Waite. — I do not, sir, recognise any such 
 authority. Have you the authority ? I should 
 like to see it. 
 
 Capt. Wilcox then took from his pocket an or- 
 der from Major Macklin, which Col. Waite read, 
 directing him (Wilcox) to proceed with his com- 
 pany and arrest the officers of the United States 
 Government on duty in San Antonio, Texas. 
 
 Col. Waite. — " I protest against any such act, 
 and will not obey the order except by force. 
 Have I committed any offence? " To which, Wil- 
 cox repUcd: "None that I know of" "It is, 
 then," said Col. Waite, "a most unwarranted act 
 of usurpation, and in violation of the modes and 
 customs of civilised warfare, and a gross outrage 
 upon my individual rights. I protest against it 
 in the name of my country. Your authority I do 
 not recognise, nor will I obey any order from 
 you ; nothing but the presence of a force greater 
 than I can overcome, will cause me to relinquish 
 my personal freedom. There is nothing in his- 
 tory to equal this usurpation." Thereupon Capt. 
 Wilcox said, "I have the. force," and started for 
 the public store-houses, and immediately returned 
 vpith thirty -six footmen, Texas troops, armed 
 with rifles and sabre-bayonets. The command 
 was halted in front of Col. Waite's quarters, when 
 
 Capt. Wilcox entered the house. Col. Waite then 
 walked to the door, when, upon looking out, he 
 remarked: "Is that your guard, sir?" "Yes, 
 sir," replied Capt. Wilcox. "There are more 
 men," remarked Col. Waite, "than I can resist, 
 and I again protest, in the name of my country, 
 against this gross and unwarranted act of usurpa- 
 tion, and in violation of my personal rights. 
 AVhere do you wish me to go, sir?" "To the 
 ordnance office, sir," said Capt. Wilcox. Colonel 
 AYaite then took his hat, and passed to the front 
 of the guard, when arms were shouldered, and 
 the crowd proceeded through the public street. 
 As Col. Waite was passing into the custody of 
 the guard. Major Sprague remarked to Capt. AV'il- 
 cox : " I concur fully in every word uttered by 
 Col. Waite in regard to this outrage." Major 
 Sprague then joined Col. Waite, and proceeded, 
 amid a crowd of boys. 
 
 Arriving at the building where the public offices 
 are, the command was halted, and Capt. Wilcox 
 ordered the other officers, viz. : Major Wm. A. 
 Nichols, Assist. Adj. -Gen. ; IMajor Daniel McClure, 
 Pay Department ; Brevet Lieut. -Col. D. T. Chan- 
 dler, Third infantry ; Capt. R. Garrard, Second cav- 
 ahy ; Surgeon E. A. Abadie, Medical Department ; 
 Assist. Surgeon J. R. Smith ; Assist. Surgeon E. P. 
 Langworthy, Medical Department ; Capt. A. T. 
 Lee, Eighth inf\intry ; Lieut. E. L. Hartz, Eighth 
 infantry ; Lieut. E. W. H. Read, Eighth infantry ; 
 Capt. R. ]\I. Potter, Military Storekeeper, who had 
 been previously arrested, and were within the 
 building in charge of a sentinel, to proceed. The 
 officers in a body, in charge of the guard, were 
 conducted to the oiifice of Major Macklin. After a 
 few moments' silence. Major Macklin said : " Col. 
 Waite, it becomes my duty to arrest j"Ou, and the 
 other officers, as prisoners of war." "By what 
 authority, sir?" "That is my business, sir, not 
 yours," responded Major Mackhn. "But," said 
 Col. Waite, "I should like to know by what power 
 I am deprived of my personal rights ? " "I have 
 the power from the President of the Confederate 
 States," answered Major Macklin. " Such author- 
 ity I do not know, nor shall I obey it," said Col. 
 Waite. " Have I, or my officers, committed any 
 offence ? Did we not come here as friends, and 
 have we not been such to all the interests of Tex- 
 as ? More than that, is there not an agreement 
 with the Texas Commissioners, guaranteeing to 
 the men and officers, my entire command, to go 
 out of Texas unmolested ? That, sir, has been 
 carried out faithfully on our part, in every re- 
 spect. By what right, then, am I to be restricted 
 of my liberty ? and by what authority am I and 
 my officers made prisoners of war? I protest 
 against it ! " "There is no use of protesting," said 
 Major Macklin ; " I do not wish to liear any pro- 
 test, it is unnecessary — I have my orders." " i>ut 
 I will protest," replied Col. Waite; "in the name 
 of my country and Government, I protest. I de- 
 nounce it as an act of unwarranted usurpation, 
 and against the custom of war, and in violation of 
 my personal rights. I suppose you intend to re- 
 gard the rights and customs of civilisation? I 
 know no war : we have been acting as friends ; 
 
138 
 
 REBELLIOX RECORD, 1860-61. 
 
 we are not here in a hostile attitude ; we came 
 into the country as friends, and are g,oing' out as 
 such." " Yes," responded Major Macldin, "I have 
 my duty to perform, and shall do it." " I repeat," 
 said Ool. "Waite, " it i.s gross, unheard of, unwar- 
 ranted, and treacherous; nothing but the pres- 
 ence of a force requires me to listen to such meas- 
 ures, much more to obej'^ them. Had I the means, 
 it would be quite different ; I would resist until 
 death." "I am aware of that," answered Major 
 Macklin ; " I have as much confidence in the cour- 
 age of your officers as j'ou have." 
 
 "What do you propose?" enquired Colonel 
 Waite ; " I am obliged to consider myself a pris- 
 onei-, and should like to know the future." " I 
 have here, sir," replied Major Macklin, "paroles," 
 (handing a manuscript to Col. Waite,) "which 
 the otticers are at liberty to avail themselves of" 
 
 One of these was then read by Col. Waite. 
 " Such a paper I shall not sign," said Col. Waite 
 indignantly ; " it is highly objectionaV)le, and I 
 shall remain a prisoner." "Very well," answer- 
 ed Major Macklin ; " these paroles will not be pre- 
 sented to you again without you request it." 
 " What rank do you hold, sir?" enquired Colonel 
 Waite. " I am a major," replied Major Macklin. 
 " In the provisional or regular army ?" enquired 
 Col. Waite. " In the regular army, sir, of the 
 Confederate States," responded the Major. 
 
 A general conversation ensued among all par- 
 ties, in which there was much angry excitement. 
 Major JIacklin improved the first opportunity 
 to speak, and remarked that " he should send 
 the officers to Victoria, one hundred miles dis- 
 tant, to Col. Van Corn's headquarters," and de- 
 sired to know how soon Col. Waite could be 
 ready, and suggested to-morrow — even intimated 
 to day ; whereupon Col. Waite and the officers 
 present said: "It was impossible to arrange their 
 fiimily affiiirs in so short a time." " How long a 
 time," a.sked he, " do )^ou require — one, two or 
 three daj^s ?" " I presume we can have trans- 
 portation ?" suggested Col. Waite. " There icill 
 he tmrnpoi'tation for you, sir .'" replied Major 
 Macklin, with emphasis and anger. Again a gen- 
 eral conversation took place; still much excite- 
 ment was evinced among all parties. The en- 
 quiry was made of Major Macklin, if he had any 
 discretion in the matter ? He replied that he had 
 none. The character of paroles and the rights of 
 prisoners then became a general subject of con- 
 versation. Each oflicer present said he desired 
 at least twenty -four hours to consider the subject, 
 as it was of great importance. 
 
 Ool. Waite asked for one of the manuscript 
 paroles, when Major Macklin, in a very oifensive 
 manner, declined, saying, "he had use for them." 
 This again caused much evident, excited and 
 indignant feehng. "It is my desire," said Col. 
 Waite, " to put some officer in charge of our sol- 
 diers to be left here (the Eighth infantry, band 
 and clerks at headijuarters) as prisoners, should 
 I accept the parole, to attend to their personal 
 rights, police and comfort." " You need have 
 no concern about that, sir," responded Macklin ; 
 " we will save you that trouble ; we will attend 
 
 to that ; no officer M'ill be permitted to have any- 
 thing to do with them ; you will not be allowed 
 to give an}^ orders here." Col. Vfaite, in answer, 
 said: "It is your wish and object to corrupt 
 them, and to force them into your service, but 
 they will not stay with j'ou, they will desert." 
 " Your language, sir," said Major Macklin, "is of- 
 fensive; I cannot permit it." Col. Waite replied: 
 " The facts, sir, are doubtless off-'ensiee ! My 
 language is not intended to be offensive ; I will 
 talk, and state the facts. I also claim the right 
 to send an officer to my Government with sealed 
 despatches, on parole." "That, sir," replied Ma- 
 jor ^lacklin, "will not be allowed." "But," said 
 Col. Waite, " can I not make my official report ? 
 To send an officer to headquarters, after impor- 
 tant events, is the custom of all armies and troops 
 among civilised people." " Perhaps it is, sir ;" 
 replied Major Macklin. After a long conversation, 
 and the excitement somewhat abated, Major 
 Macklin was asked if he would grant to each offi- 
 cer twenty-four hours to consider upon the sub- 
 ject, when they would report to him in person, 
 their determination. To this he agreed, and per- 
 mitted each officer to take one of the manuscript 
 paroles for consideration. The guard at the door 
 was then dismissed and the officers retired. 
 
 Wednesday, April 24, ISGl. 
 The officers met at twelve m., to-day, at the of- 
 fice of the commanding officer, JIajor ilacklin, as 
 agreed upon yesterday. No fjirther modifications 
 could be had of the terms offered 3'esterday, ex- 
 cepting a provision for exchange as prisoners of 
 M^ar, and the privilege granted to Col. Waite to 
 report the facts and past transactions to his Gov- 
 ernment. The terms now were, the acceptance 
 of the paroles or to be treated as prisoners of war. 
 There was no alternative but to be subjected to 
 the rabble, to crowds of undisciplined troops re- 
 gardless of authority or control, to the vindictive 
 and active prejudices of men in authority who 
 had already stipulated terms, or take the paroles 
 offered, and ask safe conduct out of the State. 
 The latter was determined upon as the only 
 method which could secure safe egress or escape, 
 and place the officers within reach of the authori- 
 ties of the United States Government. Each 
 officer took his parole under the protest made by 
 Col. Waite the day previous. 
 
 Col Waite and his officers were now prisoners 
 of war — on parole. To remain in the State in 
 this situation no possible good could result ; in- 
 deed, it was the desire of true and loyal citizens 
 that they should leave as soon as possible, thus 
 removing all cause of irritation, as they were con- 
 sidered obstinate enemies to the cause. A Union 
 sentiment still lingered in the community, and 
 there was a hope entertained by influential men 
 that with tlie populace, when brought to serious 
 reflection, their exertions would be of some avail. 
 "But," said they, " if representatives of the Fed- 
 eral Government are in our midst, evil passions, 
 leading to violent acts, will be excited, when we 
 must come to your support, and thus endanger 
 our lives, and jeopardise the safety of our prop- 
 
DOCUMENTS. 
 
 139 
 
 erty and families. In the ranks were men from 
 the North as well as the South with arms in their 
 hands, who sought private opportunities to ex- 
 press to officers their devotion to the Union, but 
 their personal safety as well as securit}'' to their 
 property, compelled them to espouse a cause re- 
 pugnant to their education, sentiments and feel- 
 ings. The rapid and fearful current of disunion 
 was too powerful for individual resistance, and 
 the only prospect of staying or directing it, was 
 in uniting in the wild and wayward frenzy gov- 
 erning the public mind. Paroles were given by 
 each officer as follows : 
 
 Parole. 
 
 IlEADQUAnTERS CONFEDERATED ArMY IS TEXAS, ) 
 
 San Antonio, Texas, April 23, 1S61. ) 
 
 No. 1. 
 
 1 hereby do declare, upon my honor, and 
 pledge mj'self as a gentleman and a soldier, that 
 I will not take up arms or serve in the field 
 against the government of the Confederated States 
 in America, under my present or any other com- 
 mission that I may hold during the existence of 
 the present war between the United States and 
 the Confederated States of America ; and that I 
 will not correspond with the authorities of the 
 United States, either military or civil, giving infor- 
 mation against the interest of the Confederated 
 States of America, unless regularly exchanged. 
 [Signed] J. T. Sprague, 
 
 Brevet Major and Captain Eighthi Infantry 
 United States Army. 
 
 Accepted. 
 
 [Signed] S. Macki.in, 
 
 Major of Infantry, Confederate States Army, 
 Commanding. 
 
 Witness, Capt. C. L. Sayke, 
 
 Acting Assistant Adjutant-General, 
 
 Confederate States Army. 
 
 Safeguards were placed in the hands of the 
 officers as follows : 
 
 No. 
 
 Safeguard. 
 
 Headquarteks Confederated States Army in Texas, ) 
 San Antonio, Texas, April 26, 1861. j 
 
 To all guards, patrols, citizens, and all con- 
 cerned, within the limits of the Confederated 
 States, the bearer, Brevet Major John T. Sprague, 
 United States Arni)^, a prisoner of war, on his 
 parole of honor, is herebj^ permitted to pass 
 through each and any of the Confederated States, 
 without let, or hindrance, or molestation of any 
 kind whatever. 
 
 [Signed] S. Macklin, 
 
 Major Confederated States Army, Commanding. 
 
 Col. Waite then issued the following order to 
 the officers with him : 
 
 No. 3. San Antonio, Texas, April 25, 1861. 
 
 Siu : Having been forcibly seized on the twentj''- 
 third instant, by an armed force of Texas troops, 
 and your services being no longer required here, 
 you will proceed to the headquarters of the 
 
 army, and report yourself in person to the Gen- 
 eral-in-Chief 
 
 I am sir, very respectfully, 
 
 Your obedient servant, 
 [Signed] C. A. Waite, 
 
 Col. United States Army. 
 
 About this time a detachment of infontrj'-, 
 thirty-two men, -arrived in San Antonio from the 
 interior. They were at once surrounded by an 
 armed force of two hundred men, and required 
 to sui^ender unconditionally. The soldiers pro- 
 tested, and commenced breaking their arms upon 
 the gi-ound, declaring "that no enemy to their 
 government should ever use them." The inter- 
 ference of the officers put a stop to these eviden- 
 ces of loyalty, in which they cordially partici- 
 pated, but resistance was certain destruction, if 
 not starvation, as provisions could only be ob- 
 tained from the United States stores in the hands 
 of Texas. An officer was designated to take 
 care of these men, but the day after, his actions 
 were circumscribed, upon receiving the following 
 letter from the military commander : 
 
 Headquarters Confederate States Army, I 
 San Antonio, Texas, April 28, ISOl. j 
 
 Colonel : I understand that Lieutenant C. L. 
 Hartz, Eighth infantry, visited Capt. Lee's com- 
 pany on yesterdajr, and excited them to be true 
 to their allegiance to the United States, etc. 
 When I granted leave to visit the companj", I did 
 not expect such a course would be pursued. I 
 am compelled therefore to forbid any visiting 
 only in company with an officer of the Confeder- 
 ate States Army. When they are to be visited, 
 Capt. James Duff will accompany the officer, or 
 some other officer will be detached by him. 
 Your obedient servant, 
 [Signed] S. Macklin, 
 
 Major Confederate States Army, Commanding. 
 
 To Col. C. A. Waite, United States Army, 
 Present. 
 
 The troops from Fort Bliss, six hundred miles 
 distant, in command of Brevet Lieut. -Col. J. V. 
 D. Reeve, three hundred men and six commis- 
 sioned officers, known to be on the way to San 
 Antonio, caused much solicitude. Every effort 
 was made to communicate to him the state of 
 affairs in San Antonio, that he might retrace his 
 steps, or cross the Rio Grande into Mexico. 
 Mexican guides, intimately acquainted with the 
 Indian Trails.^ were employed at high compensa- 
 tions ; one Avas paid seven hundred dollars, con- 
 ditioned upon his returning a written acknow- 
 ledgment of his success. From the recent 
 capture of Col. Reeve and his command hj the 
 Texans, it is presumed these messengers could 
 not have effected the object. These troops are 
 now in Texas, prisoners of war. Paroles were 
 refused them ; the authorities there declaring 
 their determination to retain them as hostages. 
 
 So fjir removed from the Federal Government, 
 and all connnunications by mail directed to Wa.sh- 
 ington intercepted, there was no hope, or expec- 
 tation of relief or support from any quarter 
 
140 
 
 REBELLION RECORD, 18G0-61. 
 
 With the supervision over the entire country, 
 through the aid of Vigilance Committees and 
 mounted men, escape was impossible. There 
 was no alternative, but to leave the State under 
 the paroles given, and seek as soon as possible, 
 the protection of the Federal Government. On 
 the first of May, the officers left San Antonio 
 with their families for the coast, two hundred 
 and fifty miles distant, accompanied by an escort 
 of Confederate States ti-oops. 
 
 Three grave questions have been asked by the 
 casual reader and observer, of the events fbllow- 
 ing the treachery of Brevet Major-Gen. Twiggs 
 in Texas. 
 
 The first is : Wh}- did not Col. Waite, upon 
 taking command, destroj'' the capitulation en- 
 tered into by Gen. Twiggs, with the Texas Com- 
 missioners. B3' a careful perusal of the details, 
 as given, the reason is obvious. His troops were 
 scattered along a frontier fourteen hundred miles 
 in extent, in small detachments, with which he 
 coidd not communicate. He was totally desti- 
 tute of subsistence, ammunition, and means of 
 transportation. 
 
 The second: TVhat was the duty of General 
 Twiggs, when assuming in the month of Decem- 
 ber, the command of the Department of Texas ? 
 It was to have concentrated his entire com- 
 mand, two thousand five hundred men, in the 
 vicinity of San Antonio, and protected the public 
 property, mvuiitions of war and supplies, and 
 given support and confidence to the lovers of the 
 Union. 
 
 The third : Are the paroles given to the Uni- 
 ted States officers on duty in Texas binding? 
 This question may well be answered by asking 
 another. fLas the Government of the United 
 States confidence in the integrity and loyalty of 
 these officers, under these humiliating and trying 
 events? If so, will not the })ublic demand a 
 faithful fulfilment? If violated, tliey may well 
 doubt their oaths of allegiance, for if by artifice, 
 fraud, or ingenious arguments, their honors may 
 be compromised, they can, under such a subter- 
 fuge, desert their country's cause in the hour of 
 trial. They pledged their honors, though under 
 protest, but the necessity existed, and the paroles 
 were given. 
 
 In taking a cursory view of events witliin the 
 time referred to, we see the same sentiments and 
 passions animating the citizens of Texas, as had 
 distinguished the course of leading men in all 
 parls of the South. The dark wave of rebellion 
 had rolled with fearful rapidity towards this pros- 
 perous State. From the time Gen. Twiggs had 
 enteix'd upon his duties there, the 'current of re- 
 bellion had been gaining strength from day to 
 day, requiring only preliminary measures, in the 
 way of conventions and the form of elections, to 
 perfect the object. Gov. Sam Houston refused 
 to convene the Legislature, as the first step to- 
 ward.s secession, declaring it was not the popular 
 voice of Texas. He was denounced in unmea- 
 sured terms in political meetings convened in the 
 principal towns. These proceedings having no 
 effect upon his resolution, the citizens of counties 
 
 were desired — through self-constituted committees 
 — to open the polls for the election of members 
 to a State Convention, to be held in Galveston. 
 If five citizens united in the wish, the polls were 
 opened. The result was, the Convention held in 
 Galveston, on the first of February, 18(JL The 
 act of secession was at once passed, and to be 
 submitted to the people on the twenty-third of 
 February; and if approved, to take effect on the 
 second of March. The people were called upon 
 to cast a vote clearly written out — for secession, 
 against secession. The polls were guarded with 
 care, and the bold man who dared to vote in the 
 negative was maj'l-ed, in the common parlance of 
 the day. The Convention re-convened on the 
 day appointed. The vote, as officiallj' reported, 
 was as follows — one hundred and twenty-two 
 counties voted, thirty-four counties made no re- 
 turns. The total vote was sixty thousand eight 
 hundred and twenty-six, of which forty-six thou- 
 sand one hundred and twenty-seven were for 
 secession, and fourteen thousand six hundred and 
 ninety-seven against, giving a majority of thirty- 
 one thousand four hundred and thirty-two in favor 
 of the measure, The Convention proceeded to 
 enact laws, and to assume other functions more 
 properly belonging to the Legislature of the State, 
 when Gov. Houston informed them that, with the 
 confirmation of the act of Secession, their duties 
 ceased, and refused any cooperation. Upon this 
 announcement, an act was immediately passed, 
 expelling him from the Gubernatorial chair, and 
 appointing Lieut. -Gov. Clarke in his place. Gov. 
 Houstofi, with a bold and determined spirit, sur- 
 rounded by an excited people, denounced the 
 acts of the Convention, and condemned the par- 
 •tisan spirit which was so rapidlj^ hurrying Texas 
 into the fearful vortex. He warned the country 
 of its dangers, and declared his determination to 
 live within the Union, and under that Govern- 
 ment which had honored him, and secured so 
 many blessings to all classes of society. Not- 
 withstanding the act of the Convention, expelling 
 him fi'om his official chair, to which he had been 
 called b}^ the almost unanimous voice of Texas, 
 he declared that he was still Governor, and should, 
 upon the meeting of the Legislature in August, 
 transmit his customary message, and if it was not 
 received, he would promulgate it himself. He 
 had an abiding faith in the sober judgment and 
 convictions of the people, after these exciting in- 
 fluences had died away, and that a revulsion 
 woukl take place, and the ballot-l»ox restore him 
 to his position and the State to its fidelity. About 
 the tenth of Api-il, a messenger anived at Avistin, 
 from the Cabinet at AVashington, tendering to 
 Gov. Houston the United States forces then in 
 camp at Indianola, en route out of Texas, under the 
 Twiggs capitulation. This he declined, believing 
 that the Union sentiment would be triumphant 
 at the polls. Had these troops been retained, a 
 rallying-point would have been given to thou- 
 sands, who were rushed into this calamity from 
 the fear of violence and the destruction of their 
 property. "Without the means of defence, depen- 
 dent upon personal industry for subsistence from 
 
DOCUMENTS. 
 
 141 
 
 day to day, they had no alternative but to be car- 
 ried along by the crowd, under the guidance of 
 imaginary wrongs. For a time, the most intelli- 
 gent dared to speak audibly for the Union, but 
 the pressure and the active measures applied 
 to such in their private and public relations, as 
 well as social, soon destroyed all indications of a 
 favorable change. Volunteers were mustered into 
 service, and the citizens of San Antonio formed 
 themselves into companies, requiring doubtful 
 men to take the oath in support of the Confeder- 
 ate States. Officials and practitioners at the bar 
 renewed their oaths, and the grand-jury present- 
 ed those who, by word or deed, thwarted the 
 complete triumph of secession. The policy of the 
 Federal Government was still undeveloped : delay 
 and forbearance had been construed into timidi- 
 ty, even fear ; and the belief vras generally enter- 
 tained by the conservative men, that a recon- 
 struction of the Union would be attained — if not, 
 a peaceful separation. Doubts and fears filled 
 the public mind with intense anxiety. "Blood 
 must be shed in less than twenty days," said a 
 United States Senator, writing from Montgomery, 
 on the seventh of April, "or secession is at an 
 end." The attack upon Fort Sumter, and the 
 Proclamation of Mr. Lincoln, on the fifteenth of 
 April, 1861, closed the door to all compromise, 
 unless upon constitutional grounds. The out- 
 rages inflicted upon our flag, caused those men 
 whose sentiments had been smothered from ne- 
 cessity to feel deeply their position, causing them 
 to express freely their animosity towards those 
 who had made them partisans in a contest so 
 critical in its character, and so doubtful in its re- 
 sults. The firm tone of the Proclamation and 
 the measures adopted, created sorrow and disap- 
 pointment throughout the community. " Can it 
 be possible," said the violent partisan, "that the 
 North is determined to make war upon us and 
 shed our blood ? We have been for secession in 
 the hope and expectation of a re-construction of 
 the Union, and have been led to believe there 
 was a strong party in the North active in our be- 
 half" The vigorous measures indicated by the 
 Cabinet in Washington, caused a general depres- 
 sion in the public mind. The act of secession 
 had now become personal, and the active sup- 
 porter found himself denounced as a rebel in 
 arms, and threatened with punishment by the 
 Government which had protected him through a 
 long life. The future was dark and gloomy ; the 
 streets were solitary, business was suspended, 
 and the cheerful recognition among friends, differ- 
 ing in sentiment, was at an end. The Union men 
 were silent, while the secessionists became vio- 
 lent and vindictive. A man from the Noi'th was 
 at once denounced as an Abolitionist, a Black Re- 
 publican, a Lincoln man — consequently, an ene- 
 my. 
 
 Our flag was denominated the old rag, the 
 Government, the hull\ the loreclc ; and those 
 who adhered to its destiny, were either assailed 
 by gross epithets, or sympathy expressed for men 
 whose fortunes were so desperate, and whose 
 minds were so dark and deluded. In the face of 
 Sup. Doc. 9. 
 
 all this, there was a Union feeling in Texas. The 
 large population of Germans, together with the 
 Irish, Poles, and citizens from Pennsylvania and 
 New- York, looked upon these events with sad- 
 ness as well as alarm. Their fixmilies and pro- 
 perty were around them ; they had no means of 
 escape, nor had they arms or organization for de- 
 fence. There was no remedy but quiet submis- 
 sion. Texas, remote as she is, must be left to 
 her own fortunes. Strike the vitals of this rebel- 
 lion, and Texas will fall. She is now threatened 
 by a Mexican army upon the Rio Grande, com- 
 ing to reclaim that which they proclaim to have 
 been wrested from them by force ; and as Texas, 
 they say, has absolved herself fi-om her allegiance 
 to the United States Government, Mexico claims 
 her rights — the repossession of the " Department 
 of Texas." 
 
 The Camanche and Apache Indians depredate 
 within thirty miles of San Antonio, and the citi- 
 zens flee to the towns for protection. It is tluis 
 this beautiful country is doomed and desolated 
 by the foul spirit of rebellion, which is instigated 
 and kept alive by telegrams, false reports, and 
 exciting correspondence, leading the people to Ije- 
 lieve that the object of the North is to desolate 
 their homes, destroy their institutions, and rob 
 them of their property. Unfortunate and er- 
 roneous as these opinions are, there is no alter- 
 native but to meet them with the strong ai-m of 
 power. Arguments, entreaties, and forbearance, 
 are of no avail. The question is narrowed down 
 to one of self-defence : either the Lhiion, the Gov- 
 ernment is to be trampled under foot by desper- 
 ate and sagacious men, followed by crowds, 
 swearing allegiance to their leaders, or the lovers 
 of the country must rise in their strength and de- 
 fend their firesides and their homes. Partisan- 
 ship is at an end ; political opinions are swallow- 
 ed up in the defence of the Union. The force of 
 the North, physically and intellectually, must be 
 put forth, fearlessly and steadily, without passion 
 or excitement, but with a firm resolve to maintain 
 inviolate, the Constitution of our country. 
 
 The South will submit to no compromise but 
 to such as she may dictate. The separation of 
 the Union, a total disruption of this Government, 
 such as has been meditated for thirty years, is 
 the onl}^ basis upon which a reconstruction can 
 be based. They will not consent to be governed 
 by majorities. The institutions of the South have 
 had their sway, and the patronage of the General 
 Government has been in their hands for a period 
 of sixty years. Political power has been absorb- 
 ed hy the extension and growth of our common 
 country ; the sceptre which has guided and gov- 
 erned the land for so long a period, is broken ; 
 and there remains no alternative for those so long 
 the rulers, but to disrupt the Union, or submit to 
 the voice of the people. When the election of 
 Mr. Lincoln was announced, one hundred guns 
 were fired in the streets of Charleston, the sec- 
 tional candidate was triumphant, and the Union de- 
 clared at an end. In this conflict let us not under- 
 rate our foes. They are judicious, sagacious, vigi- 
 lant, and secretive ; full of zeal, talent, and courage. 
 
LIBRftRY OF CONGRESS 
 
 142 
 
 REBELLION RECORD, ISfiO-Gl. 
 
 002 338 858 3 
 
 m 
 
 Their cause, whether real or imaginary, is in their 
 hearts. Their leaders are honest and sincere in 
 destroying the Government, and their followers 
 equally so in the full belief, that the policy of the 
 Federal Government is to desolate their homes, 
 destroy their institutions, and rob them of their 
 property by hordes of fanatics coming down upon 
 them from the North. 
 
 The proclamation, recently issued by the com- 
 mander of their armies, strikingly illustrates the 
 delusion of his followers, and the determined ef- 
 fort to excite evil passions and prejudices among 
 a class of men who blindly adhere to the in- 
 junctions of ambitious men. The epithets and 
 accusations they well know to be as felse as 
 they are unworthy of the heads and hearts of 
 those who promulgate them. Well may we ask, 
 even in this daj^, Avere these men once our friends 
 and countrymen ? How much more will the his- 
 torian, in time to come, be struck with sorrow and 
 regret, as he gathers up for posterity the inci- 
 dents and events now passing around us ! * 
 
 This political revolution has introduced into the 
 history of the times ingenious expressions to hide 
 the more offensive epithet of treason. State 
 rights. State sovereignty, and secession, have 
 WTecked the fortunes of many men. These hein- 
 ous and artful doctrines, fabricated and cherished 
 in the South for thirty years, have had their in- 
 fluence upon the officers of the Federal Govern- 
 ment, and induced numbers, born in the South, 
 to abandon their colors, upon the instigation of 
 their native States. The loyalty of the army as 
 well as the navy have been impugned from the 
 resignations that have occurred at this critical 
 state of pubhc affairs. It is the general impres- 
 sion that the larger portion of the officers of the 
 army have resigned ; many believe the most dis- 
 tinguished and talented. This is a great error. 
 On the first of January, 18G1, the army com- 
 prised eleven hundred and sixty-seven commis- 
 sioned officers. Since that period to the present 
 time, two hundred and fifty, of Southern birth 
 and proclivities, have tendered their resignation. 
 Nine hundred and twenty-seven remain, of well- 
 tried loyalty, zeal, and ability, untainted by the 
 excesses and heresies of the daj^ "I owe," said 
 the immortal Clay, " supreme allegiance to my 
 countr)'^ — to my State a subordinate one." How 
 much greater is the rebuke to the resigned offi- 
 cers of our arm}', when witnessing the position 
 of the Commander-in-Chief, Lieut. -(!en. AVinfield 
 Scott, who, seated in his official chair in the city 
 of Washington, is now directing the operations 
 of two hundred and fifty thousand armed men, in 
 and out of the field, in the defence of our consti- 
 tutional rights. Time has furrowed his brow, 
 but his intellect is as firm, well poised, and as 
 bright as in his youth. Separated from his na- 
 tive State, Virginia, which for half a century has 
 bestowed upon him honors and rewards — torn 
 from his hearth-stone, around which clustered 
 the warm affections of his youth — ^he knows no 
 
 * See Beauregard's " Booty ami Beauty" Proclamation, page 
 89, Vol. I., Red. Record. 
 
 State allegiance, no North, no South, but the 
 Union — that flag under which he has fought from 
 boyhood, and whose Stars and Stripes have been 
 consecrated with his blood. 
 
 In this voluntary uprising of a nation's hosts, 
 is there no eulogy here to-night for the mothers, 
 wives, and sisters, who have sent foith armed 
 men to the field ? It is the mother that plants 
 deep and lasting in the American bosom tlie germ 
 of liberty. How often does manhood turn to the 
 incidents of j^outh, when a mother came forth on 
 festal daj'S, and decked our paper caps with nod- 
 ding plumes of Avar, buckled to our sides the tiny 
 sabre ; and as Ave sallied out with the miniature 
 flag waving over our heads, her heart vibrated 
 with enthusiasm and pride, as she survej-ed the 
 long vista of the future, and saw amid contend- 
 ing fiictions, in her boy, the patriot, the soldier, 
 in his country's cause. The Union of these States, 
 to-day, is stronger than ever. That flag, the me- 
 mories of Avhich are identified with our homes, 
 our parents, relatives, and friends, is not to be 
 trailed in the dust, but Avill through fire and 
 blood, if necessary, continue to command the 
 respect and admiration of the civilized Avorld. 
 
 Doc. 22. 
 
 ADDRESSES DELIVERED BEFORE THE 
 VIRGINIA STATE CONVENTION. 
 
 EXTRACTS FROM THE JOURNAL OF THE CONA'ENTION. 
 
 In Convention, February 14, 1S61. 
 
 TnE President presented a communication from 
 the Governor of the Commonwealth, enclosing a 
 letter from the Hon. John S. Preston, of South- 
 Carolina, presenting his credentials as Special 
 Commissioner from the Government of South- 
 Carolina, and enclosing also the credentials of the 
 Hon. Fulton Anderson as Special Commissioner 
 fi-om the State of Mississippi. 
 
 The President presented a letter from the Hon. 
 Hemy L. Benning, presenting his credentials as 
 Special Commissioner from the State of Georgia. 
 
 Mr. Preston offered a resolution for the appoint- 
 ment of a committee to Avait upon said Commis- 
 sioners, and inform them that this Convention 
 respectfully invites them to scats in this hall, and 
 will receive at such tune, and in such mode as 
 they may severally prefer, any messages they 
 may have to deliver. Adopted. 
 
 Committee : Messrs. Preston, Harvie, Macfiu*- 
 land, Conrad, of Frederick, and Montague. 
 
 In Convention, February 14. 
 
 Mr. Preston, from said committee, presented a 
 
 report, which Avas unanimously adopted, stating 
 
 that the Conunissioncrs "expressed 'their grateful 
 
 sense of the courtesy shoAvn to them personally, 
 
LIBRARY OF CONGRESS 
 
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