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HEADQUARTERS DEPARTMENT OF TEXAS,
San Antonio, Tex., August 28, 1862.

His Excellency F. R. LUBBOCK,

Governor of State of Texas, Austin, Tex.:

MY DEAR SIR: Although I had made my arrangements to that effect, I found it impossible to leave in time to meet you in Marshall on the 24th ultimo. Matters not anticipated accumulated at these headquarters so as to preclude my leaving at that time: The enemy's demonstration at Corpus Christi, since realized by actual landing and bombardment; the reports of disloyalty in certain counties, since proved well founded by armed resistance to our troops; the evacuation of New Mexico and Arizona by General Sibley, leaving our Northwest posts exposed, and the arrival of his command, with other matters, made my presence here absolutely necessary about the time that I should have been absent. Furthermore, I had some faint fears that the result of the conference might have involved the taking of more troops from this State (a military exodus), which I think it behooves us to at least put a stop to if possible, unless, in the language of the Secretary of War, Mr. Benjamin, "No invasion of Texas is deemed probable; but if it occurs, its effect must be hazarded." The landing of lumber on Saint Joseph's Island is either for barracks for troops or for a naval hospital for the blockading squadron. On the latter presumption, it means but little; on the former, much. Saint Mary's-only 113 miles from San Antonio-and Corpus Christi are no doubt the landing points for an invasion by sea to reach and support the disaffected portions of the State. The evacuation of New Mexico and Arizona by General Sibley's command leaves the way free from that direction. Colonel Carleton, with his California troops, or a portion of them, has no doubt ere this occupied Fort Bliss; an intercepted dispatch of his showing this to be his intention. One line of forts will have to be abandoned to Fort Clark. To invade in that direction the enemy have a desert, without water, to cross, and must get their provisions from Missouri. When, nearly a year since, I assumed command of this department I immedi ately set to work to place it in a defensive position. This, I think, I was in a fair way of accomplishing when my best troops were ordered away. Our intention at the time was no doubt a military justification of the orders issued, yet the effect has been to paralyze my efforts and strip me of means of defense. Tired of negotiating here and filling the position of general recruiting officer for other commands and departments, I have applied to Major-General Holmes, commanding TransMississippi District, to be assigned in the coming campaign to the command of the Texas regiments raised by me, now in Arkansas, and whose commanding officers desire to be under me, from written and verbal communications. In the mean time I will stand at my post and do all I can to defend this department. Should the enemy land or invade from any quarter he shall be fought in some way and with success if we can only get him into the interior. The troops I now have are disposed to the best advantage for the general protection of the coast and frontier, and, owing to the extent of both, are necessarily somewhat scattered. Our best troops having gone, and the conscript law leaving the alternative to persons under and above certain ages, I am calling out partisan rangers of the class above thirty-five years of age to serve in the State. To troops of that kind no doubt the military board would not object to extend assistance when necessary and practicable in the way of arms. The infantry regiments stationed near

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Austin I thought advisable to order east, for reasons which Your Excellency no doubt appreciates, as the order was principally the result of a communication from Your Excellency to General Bee. Should Your Excellency think it advisable, I can order a mounted battalion from the east to Austin. Colonel Ford appears to think such a force very necessary. Please advise me in regard to this. The battalion is a good one, composed of brave, true, and loyal men, and can march at

once.

I have the honor to be, very respectfully, your obedient servant,
P. O. HÉBERT,
Brigadier-General, Provisional Army.

Brig. Gen. H. E. MCCULLOCH,

RICHMOND, VA., September 2, 1862.

Commanding, Tyler, Tex.:

GENERAL: I am instructed by the Secretary of War to inform you, in reply to your communication of July 28, that the War Depart ment has ordered 18,000 stand of arms, 20 pieces of artillery, and a supply of ammunition to the Trans-Mississippi Department; that 10,000 stand, with the artillery and ammunition, must be now crossing the Mississippi; that $18,000,000 have been sent to Texas and $14,000,000 to Arkansas, and that a list of the persons who receive the money will be sent to General Holmes, in order that it may be accounted for.

I am, general, very respectfully, &c.,

J. S. WHITING, Assistant Adjutant-General.

Capt. C. M. MASON,

VELASCO, TEX., September 4, 1862.

A. A. A. G., Trans-Miss. Dist., South of Red River,

San Antonio, Tex.:

SIR: I desire again to call the attention of the commanding general to the fact that this post is unprovided with any gun larger than an 18-pounder smooth-bore. I will repeat that in my opinion there is not a more important point upon the Gulf to be defended, a large negro population of many thousands being immediately in the rear of my position in this and adjoining counties. Three engagements had with the enemy at this point only tend to confirm my opinion that any demonstration on this portion of the coast should be resisted at its inception. This cannot be done with success without I am furnished with a piece or pieces of heavy ordnance. I have so often urged this view of matters that I hesitate to do so now for fear of an intrusion, and would say no more upon the subject; but knowing as well as I do the absolute want of a better kind of ordnance than I possess, with two more guns for my light artillery and at least 100 more muskets, with bayonets, rifles, or shot-guns, to complete the arming of my force, I am prompted to forward this communication, hoping that it may be more successful than former ones. This I urge, to enable me, if possible, while I have the honor to command at this place, to keep the Yankees and negroes from uniting in the midst of a population which

has paid every dollar of its war tax, and in which almost every family has sent some member to the battle-fields of Virginia, Tennessee, and Louisiana. The recent bombardment at Corpus Christi proves a determination on the part of the enemy to invade Texas. If injury and annoyance to us be their object, and it can be accomplished by a bombardment of Corpus Christi, surrounded as it is by a desert, how much more terrible would the destruction be here, where the fairest portion of the State lies open and inviting attack. Again permit me to call the attention of the general commanding to our wants upon the coast here. Let him give me an order for a long-range gun or more of those lying in the streets of Houston, and, if to be spared, two 6-pounders and 100 muskets with bayonets, and I indulge the boast that they will be placed in hands that will use them well. Very respectfully, your obedient servant,

[Indorsements.]

J. BATES, Colonel, Commanding.

HEADQUARTERS, Velasco, Tex., October 5, 1862.

Lieut. R. M. FRANKLIN,

Acting Assistant Adjutant-General, Houston, Tex.:

This communication was forwarded direct to San Antonio, and returned, as you see it, without comment. I respectfully submit it for consideration and hope acquiescence of the proper department.

Respectfully,

J. BATES, Colonel Bates' Regiment.

1862.

Respectfully referred to the general commanding. I have here no ordnance to send to Colonel Bates.

X. B. DEBRAY,

Colonel, Commanding Sub-Military District of Houston, Tex.

ADJUTANT AND INSPECTOR GENERAL'S OFFICE,
Richmond, Va., September 12, 1862.

Brig. Gen. P. O. HÉBERT, Commanding, &c.:

GENERAL: Your proclamation extending martial law over the State of Texas has been laid before the President, and is disapproved by him as an unwarrantable assumption of authority and as containing abuses against even a proper administration of martial law. I am directed by the Secretary of War to inclose herewith a copy of General Orders, No. 66, current series, by which your proclamation is annulled.

Very respectfully, &c.,

S. COOPER, Adjutant and Inspector-General.

[Inclosure.]

GENERAL ORDERS,

No. 66.

ADJT. AND INSP. GENERAL'S OFFICE,
Richmond, September 12, 1862.

I. Agreeably to paragraph 1, of General Orders, No. 56, current series, declaring that "military commanders have no authority to suspend the

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writ of habeas corpus," all proclamations of martial law by general officers and others assuming a power vested only in the President are hereby annulled.

By order:

S. COOPER,

Adjutant and Inspector General.

1

INDEX.

Brigades, Divisions, Corps, Armies, and improvised organizations are "Mentioned" únder name of
commanding officer; State and other organizations under their official designation.

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Orders, General, series 1862: No. 23, 706; No. 39, 713'; No. 66, 735.
Orders, Special, series 1861: No. 254, 123. Series 1862: No. 8, 131; No. 13,
33; No. 17, 139, 421; No. 33, 699; No. 35, 430; No. 40, 161; No. 45, 44; No.
60, 445; No. 61, 447; No. 67, 450; No. 68, 452; No. 101, 709; No. 127, 473;
No. 165, 476.

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Infantry-Regiments: 3d, 59, 431; 4th, 379; 8th, 37; 10th, 379; 13th,
37; 14th, 379.

47 R R-VOL IX

(737)

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