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CHAPTER XXXVI.

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THE TREASON OF MAJOR-GENERAL TWIGGS. DOCUMENTS OF THE TRANSFER." AMOUNT OF PROPERTY TRANSFERRED." THE WITHDRAWAL OF THE TROOPS. GOVERNOR BROWN'S SECOND SEIZURE OF NEW YORK SHIPS AS REPRISALS. FACTS OF THE CASE.

The Treason.

A DISPATCH was received | citizens generally. The Alamo property has been at Washington, February given up by the gallant Captain Reynolds, as true a 25th, informing the Gov- patriot as Texas can boast, who has resigned his ernment that Major-General David E. Twiggs, commission under the recent United States Governcommanding in the department of Texas, had ment, determined to adhere to the cause of the proven false to his oath, and betrayed his South. The Lone Star flag now floats as of yore trust by surrendering, to the revolutionists, all the movable property, and the fixed property in forts, barracks, guns, &c., of the United States, in his extensive department. The news was based upon the following dispatch to the New Orleans Picayune:

"GALVESTON, February 22-The Executive Committee now in session at Galveston, have received the very gratifying intelligence from Thomas J. Devine, S. A. Maverick, and P. N. Luckett, Commissioners from the Committee of Public Safety, to treat with General Twiggs, at San Antonio, advising of their successful efforts in behalf of Texas, in obtaining a surrender of the public property in this military department, and from the United States army. This result was accomplished by the superior diplomatic skill of the Commissioners, and the admirable military conduct of Benjamin McCulloch, and is eminently successful. The United States army is allowed to march to the coast by the articles of agreement, and to take with them their side-arms, facilities for transportation and subsistence, as well as two batteries of flying artillery of four guns each. The transportation means are to be surrendered, and left upon arrival at the coast. By this treaty, without one drop of blood shed, and without sullying in the least the honor of the United States army. Texas comes into possession of over $1,300,000 worth of public property, principally consisting of munitions

of war."

The Antonio (Texas) Herald of the 23d

announced:

"Colonel Ben. McCulloch, with his command, came into town this morning, at four o'clock, to take charge of the Government property. He was Joined by the various city companies, and by our

over the renowned Alamo. Negotiations are now going on for the other property in this cty, which,

if not given up within a few hours will be taken.”

"Hurrah for independent Texas! Hurrah for the noble band of K. G. C.'s, who, in the hour of need, proved themselves so prompt in striking for the rights of the South. Hurrah for Texas and the great Southern Confederacy!"

The orders covering this remarkable "arrangement," as published, read as follows:

The Documents.

"SAN ANTONIO, February 18, 1861. "The undersigned, Commissioners on the part of the State of Texas, fully empowered to exercise the authority undertaken by them, have formally and solemnly agreed with Brevet-MajorGeneral David E. Twiggs, United States Army, commanding 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 their 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, provisions, tents, &c., and transportation.

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It is the desire of the Commission that there

should be no infraction of this agreement on the part of the people of the State. It is their wish, on the contrary, that every facility shall be afforded the troops. They are our friends. They have heretofore afforded to our people all the protection in their power. They have been our protectors, and we owe them every consideration.

"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 by the

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"Commissioners on behalf of the Committee of Public Safety."

"HEADQUARTERS, DEPARTMENT OF TEXAS, SAN ANTONIO, February 18, 1861.

"[General Orders, No. 5.]

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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-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 movement of the troops, prepared for attack or defence against aggressions from any

source.

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 "coNot that Government had done erced." 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,

"The troops will carry with them provisions as who should, at the right moment, do the

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right thing for Southern interests.

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The Troops

As stated in the dispatch to New Orleans, the troops were permitted ” 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.

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 be 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 upper forts came in during March, and embark as means of passage offered. The United States authorities hastened to send transports, and succeeded in removing most of the men who came in up to April 15th.

By order of the War Department an order was published, March 1st, dismissing tne recreant Major-General, in disgrace, from the service, for disloyalty to his flag and treason to his country.

Governor Brown's
Secoud Seizure.

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:

"Twelve days have passed since I mailed to the Governor of New York the communication above re

ferred to, and I have received no response from him. He has not only refused, therefore, to order the restoration of the property of which his police had plundered our citizens, within the limits of his own State, on a demand sent by telegraph, but he

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has neglected and refused to answer a written communication upon the subject, sent to him through the regular medium of the mail.

"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.

"Under these circumstances, I feel that I, as,the Executive of Georgia, would prove recreant to the high trust reposed in me by my fellow-citizens, were I to refuse to protect their rights against such unlaw of nations or the Constitution and laws of this provoked aggression, by all the means which the 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, relieyed 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 question for the courts to decide, as the Police authorities admitted in their answer to all informal applications to deliver up the arms. The thirty-eight cases belonging to Alabama were delivered up to the Sheriff

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

Governor Morgan's

Views.

the owners of the craft

first appropriated by the Georgia Executive officers, had answered their inquiries as to

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 detained your vessel as a measure of retaliation for the 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 otherwise 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

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 allegiance, 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.

Northern vessels

These several reprisals did more to injure the commerce of Georgia than could have been surmised. 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 hostilities were actually inaugurated by the assult on Sumter, by the arbitrary acts of the very few men directing the destinies of

the South.

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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 EX-
CITEMENT PREVAILING. THE SENATE
ON THE PEACE
CONVENTION PROPOSITIONS. THE END FORESHADOWED.

ACTION

Importance of the
Week.

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Senate Petitions.

THE thirteenth week of quently compelled to a mere brief of the arthe second session of the gument, instead of admitting the graces of XXXVIth Congress was oratory. one of the most important and interesting in In the Senate, Monday, its results of any six days of the session. (February 25th,) a number Speech-making was subordinate to action. of petitions were presented The numerous speeches already recorded in of a very stern anti-compromise character, these pages prove how ably and thoroughly declaring for the Union, the Constitution, the entire question of Government was hand- and the enforcement of the laws against revled. The Convention of Delegates called olution and treason. Per contra, Mr. Bigler in 1787, to revise the Articles of Confeder- presented the resolutions of the Pennsylvania ation, embodied no finer forensic ability than State Democratic Convention, held at Harriswas displayed in the winter of 1860-61. The burg February 22d, declaring against the use wide range of the debate, rendered necessary of coercive measures towards any of the Seby the extraordinary nature of the questions ceded States; approving of the conciliatory sprung by the destructionists, viz.: of a right overtures made by the Southern Border to break up the Government; of a right to a States; and declaring their hearty concurconstitutional sanction of property in man; rence in all reasonable and constitutional of the right to equality of the minority; of a measures for the preservation of the Union right to the extension of Slavery over free consistent with the rights of all the States. Territory-called forth all the lore and men- These resolutions were not as rankly protal resources of men not unfitted for the cri- Southern in their demands as those passed, sis; and the future will not fail to regard the early in the month, by the Democratic eloquence, the argumentative and legal State Conventions of Connecticut [see page strength, the learning, the tact, exhibited, as 363] and Michigan. Their modified tone was worthy of association with that great era in indicative of the rapid change in public senBritish legislation, when Pitt, Fox, Burke, timent, against which the leaders of the DemErskine and Sheridan sent the splendors of ocracy eventually had to succumb. Very their rhetoric scintillating over the intellect- significant petitions were presented by Sumual, like the magic Northern Lights over the ner, of Massachusetts, Ten Eyck, of New Jermaterial, heavens. This is challenging a se- sey, and Trumbull, of Illinois. vere 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

Mails in the Seceded
States again.

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