War of the Rebellion: Serial 001 Page 0555 Chapter VII. REPORTS.

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are more men," remarked Colonel Waite, "than I can resist, and I again protest, in the same of my country, against this gross and unwarranted act of usurpation, and the violation of personal rights. Where do you wish me to go, sir?" "To the office, sir," said Captain Wilcox.

Colonel Waite then took his hat and passed to the front of the guard, when arms were shouldered, and the crowd proceeded through the public street. As Colonel Waite was passing into the custody of the guard, Major Sprague said to Captain Wilcox, "Do you consider me as one?" "Yes," he replied; "come along." "Then, said Major Sprague, "I concur fully in every word uttered by Colonel Waite in regard to this outrage."

Major Sprague then joined Colonel Waite, and proceeded amid a crowd of boys. Arriving at the building where the public officers are, the command halted, and Captain Wilcox ordered the other officers, viz, Major W. A. Nichols, assistant adjutant-general of department; Major Daniel McClure. Pay Department; Brevet Lieutenant-Colonel Chandler, Third Infantry; Captain K. Garrard, Second Cavalry; Dr. E. H. Abadie, Medical Department; Dr. Joseph R. Smith, Medical Department; Dr. E. P. Langworthy, Medical Department; Captain A. T. Lee, Eighth Infantry; Lieutenant E. L. Hartz, Eighth Infantry; Lieutenant E. W. H. Read, Eighth Infantry; and Captain R. M. Potter, military storekeeper, who had been previously arrested, and were within the building in charge of a sentinel, to proceed. The officers in a body, under the guard, proceeded to the office of Major Maclin. After a few moment's silence Major Maclin said:

"Colonel Waite, it becomes my duty to arrest you and the other officers as prisoners of war."

"By what authority, sir?"

"That is my business, sir, not yours," responded Major Maclin.

"But," said Colonel Waite, "I should like to know by what power I am deprived of my personal rights."

"I have the powder from the President of the Confederate States," answered Major Maclin.

"Such authority I do not know, nor shall I obey it," said Colonel Waite. "Have I or my officers committed any offense? Did we not come here as friends, and have we not been such to all the interests of Texas? More than that, is there not an agreement with the Texas commissioners, guaranteeing to the men and officers- my entire command-to go of Texas unmolested? That, sir, has been carried out faithfully, on our part, in every respect. By what right am I to be restricted of my liberty? And by what authority am I and my officers made prisoners of war? I protest against it."

"There is no use of protesting, "said Major Maclin. "I do not wish to hear any protest; it is unnecessary. I have my orders."

"But I will protest," replied Colonel Waite. "In the name of my Government I protest. I denounce it as an act of unwarranted usurpation, and against the caustom of war, and in violation of my personal rights. I suppose you intend to regard the rights and customs of civilization. I know no war. We have been acting as friends. We are not here in a hostile attitude. We came into the country as friends, and are going out as such."

"Yes," responded Major Maclin; "I have my duty to perform, and shall do it."

"I repeat," said Colonel Waite, "it is gross, unheard-of, unwarranted, and treacherous. Nothing but the presence of a force requires me to