"Commissioners on behalf of the Committee of Public Safety." "HEADQUARTERS, DEPARTMENT OF TEXAS, SAN ANTONIO, February 18, 1861. "[General Orders, No. 5.] "The State of Texas having demanded, through its Commissioners, the delivery of the military posts and public property within the limits of this command, and the commanding-general desiring to avoid even the possibility of a collision between the Federal and State troops, the posts will be evacuated by their garrisons, and these will take up, as soon as the necessary propositions can be made, the line of march out of Texas, by way of the coast-march ing 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 movement of the troops, prepared for at- | tack or defence against aggressions from any To this was to be added the fixed property in forts, barracks, officers' quarters, guns, &c., costing the Government about three millions of dollars in the aggregate. Thus, at one grand blow, the Government was disarmed in that quarter, and the revolutionists placed in possession of stores, munitions, transportation, arms, and clothing enough to arm and equip a force sufficient for the entire "defence of the State." The excuse for this gigantic treason was that offered by all the lesser conspirators in their several "seizures"-that it was necessary to prevent the South from being "coerced." Not that Government had done anything to warrant the charge of danger to the State. The only step taken was an order for Colonel Waite to assume command of the Department, for the reason that Twiggs had intimated his unwillingness to stand by his Government in event of a final issue of arms. Anticipating the arrival of Colonel Waite, the commanding-general hastened the consummation of a transaction unquestionably prearranged with the War Department. Again had Mr. Floyd proven his wisdom by placing a person in command of the most important military department in the country, who should, at the right moment, do the right thing for Southern interests. As stated in the dispatch to New Orleans, the troops were permitted" 66 The Troops. to march to the coast with their arms, &c. As they were located along a line extending from Brownsville and Austin as far north as Santa Fé, the privilege of marching to the sea-coast was a boon of which some of the troops could avail themselves; but not all, particularly as the means of transportation were, in some cases, extremely limited. Many found their way to Santa Fé. Some to Fort Smith, near Arkansas. Others pushed on to California; and not a few companies, with their officers, demoralized by the transaction, went over to the revolutionists. Those who found their way to the coast arrived at Galveston and Corpus Christi, in a disordered state, though the loyalty of many of the company and regimental officers prevented the total dispersion of their men under circumstances which tested not only THE FACTS OF THE CASE. 455 has neglected and refused to answer a written communication upon the subject, sent to him through the regular medium of the mail. 64 While I held possession of the vessels seized, my agent was informed that the guns were at the command of their owners. Acting upon this assurance, Iordered the release of the vessels; and my agent, is now informed that the officer in possession of the guns has changed his mind, and that he will not now permit them to be returned to their owners. These facts show very clearly that it is the settled policy of the authorities of New York to subject our commerce to a surveillance which we cannot with honor submit to, and to seize upon our property and plunder our citizens at their pleasure. their patriotism, but their ability to cope with untoward events. Several instances occurred wherein the officers in command of certain posts positively refused to obey the order of Twiggs to surrender and withdraw. But, in all cases, the overwhelming force of Texans, chiefly composed of cut-throats and scoundrels of every grade, who stood ready to dispossess the United States troops by direct assault, left no alternative to the loyal officers and men either to evacuate or to bể butchered without mercy. The United States transport Daniel Webster happened to be on the coast at the time, and bore the first arrivals of the troops to Key West, Tortugas, and Fort Pickens, whose garrisons they contributed to strengthen. The troops from the high trust reposed in me by my fellow-citizens, were upper forts came in during March, and embark as means of passage offered. United States authorities hastened to send transports, and succeeded in removing most of the men who came in up to April 15th. The By order of the War Department an order was published, March 1st, dismissing the recreant Major-General, in disgrace, from the service, for disloyalty to his flag and treason to his country. Governor Brown's On the 21st of February, Governor Brown again ordered the seizure, as reprisals, of Northern vessels. It will be remembered that, in our account of the first seizures, [see pages 331-32,] ten cases of arms belonging to citizens of Georgia were retained by the New York Police. As these cases were not given up, and no "satisfaction" was accorded to the Sovereign Governor, a second descent was made on vessels in Savannah harbor, and two Northern ships seized to be held in reprisal, until the restoration of the said ten cases of muskets. The Governor, in his order to Colonel Jackson, to make the second attachment, thus explained his reasons for the act: "Under these circumstances, I feel that I, as the Executive of Georgia, would prove recreant to the I to refuse to protect their rights against such unprovoked aggression, by all the means which the law of nations or the Constitution and laws of this State have placed at my command. "It therefore becomes my duty again to direct you to call out such military force as may be necessary for that purpose, and to renew the reprisals, by the seizure, as soon as practicable, of vessels in the harbor of Savannah, or other property in the city or elsewhere, within your reach, belonging to the State, or to citizens of New York, at least equal in value to double the amount of the original seizures made by you. You will hold the property so seized subject to my order; and it will be released when the guns in question (together with any other property of our citizens which has been, or may, in the mean-time, be unlawfully seized by the authorities of New York,) are actually shipped from the harbor, and are beyond the reach or control of the police of the City of New York, or the authorities of that State." The fact that the Superintendent of the New York The Facts of the Case. Police had acted solely on his own responsibility, as an officer of the peace, relieved Governor Morgan from any connection with the affair; and, if Governor Brown addressed him as stated, it is not probable the Governor of New York could have exercised any authority in the matter, even if he had felt inclined to comply with the imperative demand. It was simply a ferred to, and I have received no response from question for the courts to decide, as the Pohim. He has not only refused, therefore, to order lice authorities admitted in their answer to the restoration of the property of which his police | all informal applications to deliver up the had plundered our citizens, within the limits of his The thirty-eight cases belonging to own State, on a demand sent by telegraph, but he Alabama were delivered up to the Sheriff "Twelve days have passed since I mailed to the Governor of New York the communication above re arms. upon his requisition, after proper legal proceedings, and it only remained for the Georgia claimants to pursue the same process to obtain their ten cases. But, Governor Brown did not propose any legal formality in the matter. His mere demand should suffice; as that was not obeyed, he made the second seizure of two ships. Against these acts the owners of the vessels were powerless to obtain redress, for the reason that their remedy was in Georgia local courts, or, failing there, was in the direct interference of the General Government. Gov. Morgan, when applied to by Views. the owners of the craft first appropriated by the Georgia Executive officers, had answered their inquiries as to Governor Morgan's their mode of redress as follows: "I can only say that your remedy is through the United States Courts, or, if you so elect, through the courts of the State of Georgia, within whose limits the offence of which you complain is stated to have been committed. In a case of this kind the Executive authority of New York can render you no assistance, for the obvious reason that no law of this State has been infringed, and because the wrong was not perpetrated within its jurisdiction. If, as you state, officials or citizens of Georgia have de-. tained your vessel as a measure of retaliation for the partiality which should characterize all judicial proceedings. It is but proper to add, that if the deten tion of the Adjuster is the deliberate act of the constituted authorities of Georgia, it is equally unjustifiable, and there can be no doubt that, at no distant day, the Federal authorities will obtain full reparation for you for any damages you may sustain; if not, then the General Government itself, which owes you protection, in return for your alle giance, is thereby under the fullest obligations to indemnify you." All that was required to obtain the muskets was to replevin them, and leave it for the courts to decide as to the legality of their de tention. The ten cases were finally released, by process of law, for the reason stated on page 332, viz.: that the arms could not be proven as belonging to disloyal citizens. Injury to Southern Commerce. These several reprisals did more to injure the commerce of Georgia than could have been surmised. Northern vessels soon ceased to frequent the waters of Savannah harbor; and, as they were not admitted to Charleston harbor, the commercial interests of Georgia and South Carolina, by March 4th, were suffering from great restriction. In inaugurating the persecution of Northern men and commerce, the Southern States struck directly at their most prosperous resources of trade and exchange. Thus, the people were made to suffer, even before hos alleged seizure of certain arms by the officers of the police of New York, the tribunals of that State, or of the United States, it must be presumed, will determine the act as entirely unjustifiable, and will afford you ample redress for any loss by detention or other-tilities were actually inaugurated by the wise which you may suffer. If your vessel is detained for any other reason than the one suspected by you, it is but fair to assume that the courts of Savannah will examine into the facts with that im assult on Sumter, by the arbitrary acts of the very few men directing the destinies of the South. CHAPTER XXXVII. PROCEEDINGS OF CONGRESS CONTINUED. THIRTEENTH WEEK. THE VOLUNTEER BILL. FINAL VOTE ON THE REPORT OF THE COMMITTEE OF THIRTY-THREE. ITS ADOPTION. INTENSE EXTHE SENATE ON THE PEACE FORESHADOWED. CITEMENT PREVAILING. CONVENTION PROPOSITIONS. THE END ACTION Importance of the quently compelled to a mere brief of the argument, instead of admitting the graces of oratory. Senate Petitions. In the Senate, Monday, (February 25th,) a number of petitions were presented of a very stern anti-compromise character, declaring for the Union, the Constitution, and the enforcement of the laws against revolution and treason. Per contra, Mr. Bigler THE thirteenth week of the second session of the XXXVIth Congress was one of the most important and interesting in its results of any six days of the session. Speech-making was subordinate to action. The numerous speeches already recorded in these pages prove how ably and thoroughly the entire question of Government was handled. The Convention of Delegates called in 1787, to revise the Articles of Confeder-presented the resolutions of the Pennsylvania ation, embodied no finer forensic ability than was displayed in the winter of 1860-61. The wide range of the debate, rendered necessary by the extraordinary nature of the questions sprung by the destructionists, viz.: of a right to break up the Government; of a right to a constitutional sanction of property in man; of the right to equality of the minority; of a right to the extension of Slavery over free Territory-called forth all the lore and mental resources of men not unfitted for the crisis; and the future will not fail to regard the eloquence, the argumentative and legal strength, the learning, the tact, exhibited, as worthy of association with that great era in British legislation, when Pitt, Fox, Burke, Erskine and Sheridan sent the splendors of their rhetoric scintillating over the intellectual, like the magic Northern Lights over the material, heavens. This is challenging a severe ordeal of criticism; but, we may appeal Among matters up for in confidence to the Globe to justify our par- consideration was the bill allel. Great emergencies are said to call giving the Postmasterforth ready minds: in the declamation of both General power to suspend postal relations Northern and Southern men will be found a with the insurrectionary States, which was verification of the aphorism. We have strenuously opposed by Hemphill and Wigsought to reproduce, in some degree, these fall, of Texas, Mason, of Virginia, Pearce, of notable speeches, though we have, from the Missouri, and other Southern members. necessity of condensation, been more fre- They generally protested against the use of State Democratic Convention, held at Harrisburg February 22d, declaring against the use of coercive measures towards any of the Seceded States; approving of the conciliatory overtures made by the Southern Border States; and declaring their hearty concurrence in all reasonable and constitutional measures for the preservation of the Union consistent with the rights of all the States. These resolutions were not as rankly proSouthern in their demands as those passed, early in the month, by the Democratic State Conventions of Connecticut [see page 363] and Michigan. Their modified tone was indicative of the rapid change in public sentiment, against which the leaders of the Democracy eventually had to succumb. Very significant petitions were presented by Sumner, of Massachusetts, Ten Eyck, of New Jersey, and Trumbull, of Illinois. Mails in the Secoded the word "insurrection," as offensive to the ears of "gentlemen from the South"; and proposed substitutes calculated to strip the bill of its retaliatory character. Hemphill offered a substitute for the bill, that" whereas, several States have withdrawn from the Union, and the laws of the United States no longer have force: therefore, Resolved, that the Postmaster-General is authorized to discontinue the postal service, and make arrangements with the Government of those States in regard to the same." Polk, of Missouri, moved to modify the amendment SO as to read, "In all the States which have withdrawn from the Union the Postmaster-General shall have power to discontinue the postal service." Lost-yeas, 19; nays, 30. Hemphill's substitute was also voted down-9 to 38. The bill was disscussed at some length before being put upon its passage. In the course of remarks made by Green, (Dem.,) of Missouri, there was an exhibition of ignorance, and of egotism-ever apt to accompany ignorance-which did not reflect creditably upon the intelligence of the State from whence he came. The Senator located the "Whiskey Insurrection" in John Adams' administration, and made Washington commander-in-chief for its suppression! The bill finally passed, by a vote of 34 to 12. A very long discussion followed on the Civil Appropriation bill, which, after sundry amendments, finally passed by a vote of 30 to 4. The session was prolonged late into the evening. The Morrill Tariff Bill. 1847. When the present Administration came into power, the public debt was $29,000 000, with nearly $18,000,000 in the treasury; but now the public debt is over $96,000,000. The smallest possible amount the Government can get along with the next fiscal year is $58,000,000. It was a necessity to pass the bill. The amendments were finally acted upon, under the operation of the previous question. All the Senate amendments were concurred in, except that on tea and coffee, on which Mr. Sherman asked and obtained a committee of conference. The Volunteer Bill- The Volunteer bill [see p. 431] came up, when Howard, of Michigan, resumed his speech [see p. 432,] assuming that the bill only gave construction to laws already in existence. Congress must put in the President's hands means to perform his duty, if it expects him to perform it, and must instruct him as to the mode in which he should do it. They could not be released from this obligation. He repeated, that the President should have power to execute the Constitution in all its parts. The highest duty of a Government, which dates far anterior to all constitutions, is to preserve its existence. He reviewed the several asseverated causes of the revolution, showing how groundless they were. His statements on this head were clear and concise. His summary was not calculated to add strength to the hopes of the compromisers. His words were: "When the madness of the hour shall pass away; In the House, Monday, when this excitement shall have disappeared; when (February 25th,) the Mormen shall look at these things coolly, they will derill Tariff bill, with its one nounce this whole movement as the most causeless hundred and sixty amendments, was under revolt to be found in the history of the world. consideration in Committee of the Whole. There has been nothing like it since Lucifer and his The discussion was one of intense interest, angels were thrown over the battlements of heaven. and the bill, at the hour of one, found only There is no foundation for it. There are no difficul about one-third of the amendments acted on, ties here which might not be settled, and, in my But, rewhen the Chairman of the Committee of judgment, which ought not to be settled. maining unsettled, what is the duty of Congress? Ways and Means urged the necessity of conThey have but one duty to perform, and that is to curring in all the amendments, to many of move on with moderation, with coolness, with wis which he was opposed, and, under other cir- dom, but with unflinching firmness, to the discharge cumstances, would vote against them. But of every great constitutional duty-namely, the exhe believed the very existence of this Gov-ecution of the laws of the Union; the defence of the ernment depended on the prompt passage of Union, the public property of the Union—in short, this bill, which is substantially the act of the execution of the Constitution. This must be done. |