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odds of about five to one, being short of provisions, having no hope of re-enforcements, no means of leaving the coast, even should any portion of the command succeed in reaching it, and with every probability of utter annihilation in making the attempt, without any prospect of good to be attained, I deemed that stubborn resistance and consequent bloodshed and sacrifice of life would be inexcusable and criminal, and I therefore surrendered.

Colonel Van Dorn immediately withdrew his force, and permitted us to march to San Antonio with our arms and at our leisure. We arrived there on the 10th, and on the 11th an officer was sent to our camp to receive our arms and other public property, all of which was surrendered.

I will state here that we have been treated, in the circumstances of our capture, with generosity and delicacy; and harrowed and wounded as our feelings are, we have not had to bear personal contumely and insult. I am, sir, yours, respectfully,

I. V. D. REEVE, Brevet Lieutenant-Colonel, U. S. Army, Commanding.

ORDERS,

HEADQUARTERS BATTALION EIGHTH INFANTRY,

San Antonio, Tex., May 12, 1861.

No. The following officers of the U. S. Army, viz, Bvt. Lieut. Col. I. V. D. Reeve, Eighth Infantry; First Lieut. Z. R. Bliss, Eighth Infantry; First Lieut. H. M. Lazelle, Eighth Infantry; Second Lieut. L. Peck, Eighth Infantry; Second Lieut. J. J. Van Horn, Eighth Infantry; Second Lieut. R. T. Frank, Eighth Infantry; Bvt. Second Lieut. W. G. Jones, Eighth Infantry; First Lieut. H. W. Freedley, Third Infantry; Asst. Surg. D. W. C. Peters, being made prisoners of war by the forces of the C. S. Army, will proceed to Washington, D. C., and report to the War Department as soon as permitted so to do by the authorities of the said C. S. Army.

I. V. D. REEVE,

Brevet Lieutenant-Colonel, U. S. Army, Commanding Battalion.

Lieut. Col. E. D. TOWNSEND,

WASHINGTON, D. C., May 25, 1861.

Assistant Adjutant-General, Headquarters of the Army.

SIR: It is my unpleasant duty to report, for the information of the general-in-chief, that on the 23d of April last the following officers, then on duty at San Antonio, the headquarters of the Department of Texas, were seized by an armed force, acting under what they term the Confederate States of America, and made prisoners of war, viz: Col. C. A. Waite, First Infantry, commanding department.

Maj. W. A. Nichols, assistant adjutant-general.

Military Storekeeper R. M. Potter, Ordnance Department.

Surg. E. H. Abadie, Medical Department.

Asst. Surg. J. R. Smith, Medical Department.

Asst. Surg. E. P. Langworthy, Medical Department.
Paymaster D. McClure.

Capt. K. Garrard, Second Cavalry.

Bvt. Lieut. Col. D. T. Chandler, Third Infantry.

Lieut. Col. W. Hoffman, Eighth Infantry.

Bvt. Maj. J. T. Sprague, captain, Eighth Infantry.
Lieut. E. L. Hartz, Eighth Infantry.

Lieut. E. W. H. Read, Eighth Infantry.

Maj. D. H. Vinton, Quartermaster's Department, was subsequently arrested, and is now on parole.

On being arrested the officers were told that they must remain in confinement under a guard, or give their parole not to take up arms or serve in the field against the Confederate States, during the existence of the present hostilities, unless exchanged.

After mature reflection and a careful examination of the peculiar circumstances under which they were placed the latter alternative was accepted.

The main reasons which induced the officers to come to this conclusion were: that in their then condition they could perform no duty, nor be of the least service to the Government; by rejoining the Army they could be assigned to many important duties, the performance of which would not be incompatible with their parole, and thus still render some service to their country.

In justice to the officers, I must here state that great exertions were made and the most flattering inducements were held out by agents of the Confederate States for them to resign and enter that service. These officers having resisted these temptations, to which so many others yielded, is strong proof of their devotion to their country, and merits the favorable consideration of the Government.

I have reliable information (not official) that seven companies, under Major Sibley, Third Infantry-viz, two companies of the First, three companies of the Third, and two companies of the Eighth Infantry-were captured on the 23d ultimo off Indianola, and were immediately paroled and permitted to sail for New York. There are six companies of the Eighth Infantry, under Brevet Lieutenant-Colonel Reeve, which it is believed have also been captured. The last information (official) received from them was dated the 16th of April. At that time they were near Fort Lancaster. The impossibility of sending an express through the country for several weeks previous to my leaving San Antonio prevented my having more definite information in relation to this command.

Letter marked A will indicate the course adopted toward the captured troops, and documents marked B and C will explain the circumstances under which we were made prisoners.

In conclusion, permit me to express the hope and anxious desire of the officers on parole that they may be exchanged as early as practicable, and may be permitted to take an active part in the military operations.

I am, sir, very respectfully, your obedient servant,

[Inclosure A.]

C. A. WAITE,
Colonel First Infantry.

HEADQUARTERS C. S. ARMY,

San Antonio, Tex., April 28, 1861.

Col. C. A. WAITE, U. S. Army, Present.

COLONEL: I understand that Lieut. E. L. Hartz, Eighth Infantry, visited Captain Lee's company on yesterday, and exhorted them to be true to their allegiance to the United States, &c. When I granted

leave to visit the company 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 C. S. Army.

When the men are to be visited Capt. James Duff will accompany the officer, or some other officer will be detailed by him.

Your obedient servant,

S. MACLIN,

Major, C. S. Army, Commanding.

[Inclosure B.]

Memorandum relating to the arrest of Colonel Waite, U. S. Army, and the officers of the Army on duty at San Antonio, Tex.

SAN ANTONIO, TEX., April 23, 1861.

Captain WILCOX (with his sword, commanding Texas troops). Good morning, colonel. (At Colonel Waite's quarters, Colonel Waite and Major Sprague only present.)

Colonel WAITE. Good morning, sir.

Captain WILCox. I have come to request you to go over to Major Maclin's office.

Colonel WAITE. For what purpose, sir?

Captain WILCOX. As a prisoner of war.

Colonel WAITE. What authority have you?

Captain WILCOX. I have authority from Major Maclin.

Colonel WAITE. Who is Major Maclin?

Captain WILCOX. An officer of the Confederate States.

Colonel WAITE. I do not, sir, recognize any such authority. Have

you the authority? I should like to see it.

Captain Wilcox then took from his pocket an order from Major Maclin, which Colonel Waite read, directing him to proceed with his company and arrest the officers of the United States Government in San Antonio.

Colonel WAITE. I protest against any such act, and will not obey the order, except by force. Have I committed any offense?

To which Captain Wilcox replied, "None that I know of." "It is, then," said Colonel Waite, "a most unwarranted act of usurpation, and in violation of the modes and customs of civilized warfare, and a gross outrage upon my individual rights. I protest against it in the name of my country. Your authority I do not recognize, 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 history to equal this usurpation." Thereupon Captain Wilcox said, "I have the force," and started for the public storehouse, and immediately returned with thirty-six footmen, Texas troops, armed with rifles and saber bayonets. The command was halted in front of Colonel Waite's quarters, when Captain Wilcox entered the house. Colonel Waite then walked to the door, and upon looking out remarked, "Is that your guard, sir?" "Yes, sir," replied Captain Wilcox. "These are more men," remarked Colonel Waite, "than I can resist, and I again protest, in the name of my country, against this gross and unwarranted act of usurpation and the violation of personal rights. Where do you wish me to go, sir?" "To the ordnance office, sir," said Captain Wilcox.

Colonel Waite then took his hat and passed to the front of the guard, when arms were shouldered, and the crowd proceeded through the pub

lic street. As Colonel Waite was passing into the custody of the guard, Major Sprague said to Captain Wilcox, "Do you consider me as one?" "Yes," he replied; "come along." "Then," said Major Sprague, “I concur fully in every word uttered by Colonel Waite in regard to this outrage."

Major Sprague then joined Colonel Waite, and proceeded amid a crowd of boys. Arriving at the building where the public offices are, the command halted, and Captain Wilcox ordered the other officers, viz, Maj. W. A. Nichols, assistant adjutant-general of department; Maj. Daniel McClure, Pay Department; Brevet Lieutenant-Colonel Chandler, Third Infantry; Capt. K. Garrard, Second Cavalry; Dr. E. H. Abadie, Medical Department; Dr. Joseph R. Smith, Medical Department; Dr. E. P. Langworthy, Medical Department; Capt. A. T. Lee, Eighth Infantry; Lieut. E. L. Hartz, Eighth Infantry; Lieut. E. W. H. Read, Eighth Infantry; and Capt. R. M. 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, under the guard, proceeded to the office of Major Maclin. After a few moments' silence Major Maclin said:

"Colonel Waite, it becomes my duty to arrest you and the other officers as prisoners of war."

"By what authority, sir?"

"That is my business, sir, not yours," responded Major Maclin. "But," said Colonel 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 Maclin.

"Such authority I do not know, nor shall I obey it," said Colonel Waite. "Have I or my officers committed any offense? Did we not come here as friends, and have we not been such to all the interests of Texas? 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 respect. By what right 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 Maclin. "I do not wish to hear any protest; it is unnecessary. I have my orders."

"But I will protest," replied Colonel Waite. "In the name of my Government, I protest. I denounce 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 regard the rights and customs of civilization. I know no war. We have been acting as friends. We are not here in a hostile attitude. We came into the country as friends, and are going out as such."

"Yes," responded Major Maclin; "I have my duty to perform, and shall do it."

"I repeat," said Colonel Waite, "it is gross, unheard-of, unwarranted, and treacherous. Nothing but the presence of a force requires me to listen to such measures, much more obey them. Had I the means it would be quite different. I would resist until death."

"I am aware of that," answered Major Maclin. "I have as much confidence in the courage of your officers as you have."

"What do you propose?" inquired Colonel Waite. "I am obliged to consider myself a prisoner, and should like to know the future,"

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"I have here, sir," replied Major Maclin, "paroles (handing a manuscript to Colonel Waite), which the officers are at liberty to avail themselves of."

One of these was then read by Colonel Waite.

"Such a paper I shall not sign," said Colonel Waite, indignantly; "it is highly objectionable, and I shall remain a prisoner."

"Very well," answered Major Maclin; "these paroles will not be presented to you again, without you request it."

“What rank do you hold, sir?” inquired Colonel Waite.

"I am a major."

"In the Provisional or Regular Army, sir?" inquired Colonel Waite. "In the Regular Army, sir."

A general conversation ensued among all parties, in which there was much angry excitement. Major Maclin improved the first opportunity to speak, and remarked that he should send the officers to Victoria, 100 miles distant, to Colonel Van Dorn's headquarters, and desired to know how soon Colonel Waite could be ready, and suggested to-morrow, even intimated to-day, whereupon Colonel Waite and the officers present said it was impossible to arrange their family affairs in so short a time.

"How long a time, then," asked he, "do you desire? One, two, or three days?"

"I presume we can have transportation," suggested Colonel Waite. "There will be transportation for you, sir," responded Major Maclin, with emphasis and anger.

Again a general conversation took place; still much excitement evinced among all parties. The inquiry was made of Major Maclin 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 conversation. Each officer present said he desired at least twenty-four hours to consider the subject, as it was of great importance. Colonel Waite asked for one of the manuscript paroles, when Major Maclin, in a very offensive manner, declined, saying he had use for them. This again caused much evident excited and indignant feeling.

"It is my desire," said Colonel Waite, "to put some officer in charge of our soldiers to be left here as prisoners, should I accept a parole, to attend to their personal rights, police, and comfort."

"You need have no concern about that, sir," responded Major Maclin; "we will save you that trouble; we will attend to that. No officer will be permitted to have anything to do with them. You will not be allowed to give any orders here."

Colonel Waite, in answer: "It is your wish and object to corrupt them, and to force them into your service; but they wont stay with you; they will desert."

"Your language, sir," said Major Maclin, "is offensive. I cannot permit it."

Colonel Waite replied: "The facts, sir, are doubtless offensive. 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 dispatches on parole."

"That, sir,” replied Major Maclin "will not be allowed."

"But," said Colonel Waite, "can I not make my official report? To send an officer to headquarters after important events is the custom of all armies and troops among civilized people."

"Perhaps it is, sir,” replied Major Maclin.

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