War of the Rebellion: Serial 001 Page 0554 OPERATIONS IN TEXAS AND NEW MEXICO. Chapter VII.

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[Inclosure A.]

HEADQUARTERS C. S. ARMY,

San Antonio, Tex., April 28, 1861.

COLONEL: I understand that Lieutenant 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 Confederate States Army.

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

Your obedient servant,

S. MACLIN,

Major, C. S. A., Commanding.

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

[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 immediately any defense?

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 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