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violation of the treaty stipulations entered into by the authorities of the State of Texas and General Twiggs. The enlisted men of the company are now under my charge. Lieutenant Read will report in person at your office this morning at 10 o'clock.

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I am, major, respectfully, your obedient servant,

JAMES DUFF,

Captain, Commanding Company Citizen Volunteers.

HEADQUARTERS C. S. ARMY,

San Antonio, Tex., April 24, 1861.

The within writing does not take from Col. W. Hoffman the privilege of reporting the facts of his arrest as a prisoner of war and that of his command to the War Department of the United States, and its restrictions are so far suspended as to enable him to grant a discharge to Principal Musician Theodore Knoll, Eighth Regiment of Infantry. S. MACLIN,

Major of Infantry, C. S. Army, Commanding.

[Inclosure.]

HEADQUARTERS C. S. ARMY IN TEXAS,

San Antonio, April 24, 1861.

I do hereby declare upon my honor and pledge myself as a gentleman and a soldier that I will not take up arms or serve in the field against the Government of the Confederate States of America under my present or any other commission that I may hold during the existence of the present war between the Union States and the Government of the Confederate States of America; that I will not correspond with the authorities of the United States, either military or civil, giving information against the interest of the Confederate States of America, until regularly exchanged.

W. HOFFMAN, Lieutenant-Colonel Eighth Infantry.

MONTGOMERY, April 26, 1861.

Col. HENRY E. MCCULLOCH, San Antonio, Tex.:
You have the consent of the Department to pursue the course indi-
cated in your letter of the 17th. Hold them as prisoners of war.
L. P. WALKER.

Brig. Gen. S. COOPER,

HEADQUARTERS TROOPS IN TEXAS,
San Antonio, Tex., May 10, 1861.

Adjutant and Inspector General, Montgomery, Ala.

GENERAL: I have the honor to report that I met the last column of the U. S. troops in Texas yesterday at noon on the El Paso road, about thirteen miles from this city, and that Colonel Reeve, the commanding officer, being satisfied of my greatly superior force, surren

dered unconditionally. There were 10 officers and 337 men, including 30 men who were captured some time since in San Antonio by Capt. James Duff which I have heretofore neglected to report.

My command consisted of Colonel McCulloch's cavalry, viz, six companies, Captains Pitts, Tobin, Ashby, Boggess, Fry, and Nelson; a squadron of Colonel Ford's State troops, under Lieutenant-Colonel Baylor's command, viz, Captains Walker and Pyron; a battery of light artillery, Captain Edgar; a section of artillery, Captain Teel; two small detachments of horse, under Lieutenants Paul and Dwyer; and an independent detachment of cavalry, Captain Goode. All these troops I placed under the command of Col. H. E. McCulloch. In addition to these there was a battalion of infantry, raised for the occasion in San Antonio, under command of Lieut. Col. James Duff, Captains Maverick, Wilcox, Kampmann, Navarro, and Prescott, Maj. John M. Carolan. In all, about 1,300 men. I have been actuated in this instance by the same motive which induced me to bring an overwhelming force against the U. S. troops at Indianola-viz, a desire to arrest and disarm them without bloodshed.

All the arms and other public property are now being turned over to officers appointed to receive them, and the officers and men are in camp at the San Pedro Springs, near this city.

Having in consideration the proclamation of the President of the United States declaring certain persons "pirates" under the laws of the United States for seizures of vessels or goods by persons acting by authority of the Confederate States, I have determined to hold these prisoners of war until I receive further instructions from you. If the officers prefer it I shall allow them to proceed to Montgomery on parole, to report to you for your decision.

It would not do justice to the troops under my command if I failed to report to you the admirable manner in which they conducted themselves throughout the expedition; the cheerful obedience to the orders of the officers elected over them; the discipline that was maintained in their camp, where judges, lawyers, mechanics, and laborers could be seen walking post as sentinels on the same rounds, all willing to do duty in a good cause, and at the close there was the delicacy of brave men, of soldiers, which checked everything like exultation over an unfortunate enemy whom a stern necessity had caused us to disarm. It was gratifying to me, as it is a pleasure to me to report to you, that the whole expedition passed off without one unpleasant incident.

The gentlemen who were at headquarters with me, to whom I am indebted for services cheerfully and promptly rendered, for which I owe them my thanks, were Col. P. N. Luckett, quartermaster-general of Texas, Maj. G. J. Howard, Mr. J. T. Ward, General James Willie, Dr. H. P. Howard, Mr. R. A. Howard, Mr. D. E. Tessier, Judges Fred. Tate and T. J. Devine, Capts. D. D. Shea and W. T. Mechling, and J. F. Minter, and Lieut. J. P. Major, C. S. Army.

Very respectfully, sir, I am your obedient servant,
EARL VAN DORN,

Colonel, Commanding.

[For Van Dorn's General Orders, Nos. 4 and 5, of May 3 and May 13, respectively, congratulating his troops on their valuable services in securing the surrender, see Series I, Vol. I, pp. 632, 634.]

ADJUTANT AND INSPECTOR GENERAL'S OFFICE,
Montgomery, May 25, 1861.

Col. EARL VAN DORN,

Commanding Department of Texas, San Antonio, Tex.

SIR: Your letter of the 10th instant, reporting the capture of 10 officers and 337 men, consisting of the command of Brevet Colonel Reeve, U. S. Army, has been received and submitted to the Secretary of War. In answer I am instructed to say that the Department is constrained under existing state of things to order that both officers and men of this command be retained in Texas as prisoners of war until further orders or until duly exchanged. All future communications for this office will be directed to Richmond, Va.

Very respectfully, your obedient servant,

S. COOPER, Adjutant and Inspector General.

Brigadier-General COOPER,

HEADQUARTERS TROOPS IN TEXAS,
San Antonio, June 3, 1861.

Adjutant and Inspector General, Montgomery, Ala.

*

GENERAL: I have the honor herewith to report my operations as commander of the troops in Texas for the last part of April and the month of May; also to inclose you copies of all orders issued by me, and of all letters of instructions given to officers under my command. I respectfully refer you to my reports * * in regard to the seizure of the Star of the West, the capture of the U. S. troops at Saluria, under Major Sibley, and of those under Colonel Reeve, near this city, the latter now held as prisoners of war, and subject to your orders.

Colonel Reeve's command (prisoners of war) are now quartered in this city, but I shall move them into camp in a few days. They are quite an expense to us. Will you please give me some general rules in regard to the allowances, &c., of prisoners of war.

I do not know whether or not it was the intention of the War Department that I should be continued in command in Texas. I have executed my orders in regard to the capture of the U. S. troops, and, at the same time that I do not wish to be considered as shrinking from any duty that may be imposed upon me in times like these, I must say that I would prefer being where I might have active service suitable to my age and inclinations. My duties here now are entirely in the office, where an older man would be infinitely more efficient than myself. Very respectfully, general, I am your obedient servant, EARL VAN DORN, Colonel, Commanding.

* Inclosures omitted here.

Disposition and Negotiations for the Release and Exchange of the Union

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SIR: Special Orders, No. 150, dated at War Department, AdjutantGeneral's Office, Washington, June 4, 1861, a copy of which has been sent to you, directs Privates A. P. Andrews and Richard Cassidy, Second Cavalry, to report to you for duty. These men were made prisoners in Texas, and have given their parole not to serve against the rebel States. For this reason it is decided not to employ them upon any military duty, but as they are represented to be good clerks it has been thought that you could use them advantageously in your office. I am directed to say to you that they are prohibited from performing military duty.

Very respectfully,

E. D. TOWNSEND, Assistant Adjutant-General.

HEADQUARTERS BATTALION THIRD INFANTRY,
Camp Near Fort Hamilton, N. Y., August 10, 1861.

Col. E. D. TOWNSEND,

Assistant Adjutant-General, Washington, D. C.

SIR: In compliance with the desire of the general-in-chief, as communicated in your letter of the 1st instant, I have the honor to transmit you herewith copies* of the parole given by the officers and the oath subscribed by the men under my command when arrested by the Texas forces on the 25th of last April. The following-named officers were on duty with me at the time, to wit:

Capt. R. S. Granger, of Company K, First Infantry; First Lieut. J. B. Greene (since dead), Company K, First Infantry; Capt. G. W. Wallace, of Company G, First Infantry; First Lieut. E. D. Phillips, of Company G, First Infantry; Second Lieut. E. R. Hopkins, of Company A, Third Infantry; Second Lieut. R. G. Lay, of Company I, Third Infantry; no officer present of Company F, Third Infantry; Capt. C. D. Jordan, of Company D, Eighth Infantry; no officer present of Company A, Eighth Infantry; Asst. Surg. R. D. Lynde, Medical Department; Asst. Surg. C. C. Byrne, Medical Department.

Capt. A. W. Bowman, of Company A, Third Infantry, and First Lieut. J. N. G. Whistler, of Company I, Third Infantry, had been detached from the command a short time before the surrender. The former on duty and the latter on leave. They were both arrested at Indianola. Captain Bowman states that his parole was verbal not to bear arms against the Confederate States. Lieutenant Whistler signed the same parole the officers did who were with me.

The captain and one or both of the subalterns of Company F, Third Infantry, are not on parole, and I would recommend that the enlisted men of the company be transferred to Companies A and I, Third

Omitted here. See p. 51.

Infantry. The non-commissioned officers may be transferred to those companies to vacancies now existing. Company F may then reorganized with recruits and made effective. I will state that if the transfers be made as recommended the number of men in companies A and I will still be less than authorized by law.

I am, sir, very respectfully, your obedient servant,
C. C. SIBLEY,

Major Third Infantry, Commanding Battalion.

NEW YORK, August 13, 1861.

General L. THOMAS, Adjutant-General U. S. Army.

SIR: I hereby have the honor of reporting to you my arrival in this city. Inclosed you will please find a true copy of a parole signed by me while I was a prisoner of war. Having been relieved and deprived of all duty with the U. S. soldiers now held as prisoners of war in Texas, I went to Richmond, Va., for the purpose of being exchanged, or, more properly, of obtaining my release, on the ground of its being contrary to the usages of modern warfare to thus retain surgeons taken while in the active discharge of their duties. My written remonstrances availed nothing more than the extension of the parole held by me.

In Texas I was little or no use to the United States Government and felt anxious that I might return to duty, therefore I went to Richmond, Va. Without the means of self-support and deprived of my liberty I have chosen the only course open to me of showing my loyalty to my country, and I hope my actions may be approved by the War Department. If any exchanges are to be made I desire to be placed on the list, and thus be reinstated.

Not knowing in what light these paroles are to be treated I respectfully await the orders of the Secretary of War. The wording of this parole is very stringent, but I am certain it is the most lenient that at the time could be obtained. My address is 114 John street, New York City.

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

DE WITT C. PÉTERS, Assistant Surgeon, U. S. Army.

P. S.-My reason for not reporting in person is that I am nearly worn out by fatigue and have but partly recovered from fever contracted in Texas.

Very respectfully,

DE WITT C. PETERS, Assistant Surgeon, U. S. Army.

[Inclosure.]

RICHMOND, VA., August 1, 1861.

I, the undersigned officer of the U. S. Army, now held as a prisoner of war by the Confederate States of America, do pledge my word of honor as a gentlemen and an officer that I will not bear arms against the Confederate States, nor exercise any of the functious of my office under my commission from the President of the United States to the prejudice of the Confederate States until I am released or exchanged

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