War of the Rebellion: Serial 001 Page 0557 Chapter VII. REPORTS.

Search Civil War Official Records

I also claim the right to send an officer to my Government with sealed dispatches on parole."

"That, sir," replied Major Maclin, "will not be allowed."

"But," said Colonel Waite, "can I not make my official report? To send an officer to headquarters after important events is the custom of all armies and troops among civilized people."

"Perhaps it is, sir" replied Major Maclin.

After a long conversation, and the excitement somewhat abated, Major Maclin was asked if he would grant to each officer twenty-four hours to consider upon the subject, when they would report to him in person their determination. To this he agreed, and permitted each officer to take one of the manuscript paroles for consideration. The guard at the door was then dismissed, and the officers retired.

WEDNESDAY, April 24, 1861.

The officers assembled at 12 m. to-day at the office of the commanding officer, Major Maclin, as agreed upon yesterday. No further modification could be had other than the terms offered yesterday, excepting a provision for exchange as prisoners of war, and the privilege to Colonel Waite to report the facts and past transactions to his government. They now were offered the acceptance of the paroles, or to be considered close prisoners of war. There was no alternative but to be subjected to the rabble; to crowds of undisciplined troops, regardless of authority or control; to the vindictive and active prejudices of men in temporary authority; swayed by spleen and disappointment, as well as infidelity to the General Government in former commissions, who had already stipulated terms, or take the paroles offered and ask safe-conduct out of the State. That latter was determined upon as the only method which could secure safe egress or escape, and place us within the authority of the United States Government. Each officer took his parole under the protest made by Colonel Waite the day previous.

[Inclosure C.]

SAN ANTONIO, TEX., April 24, 1861.

On the morning of the 23rd of April, 1861, about 12 o'clock m., Captain Wilcox, commanding a company called the Alamo Rifles, entered the office of Colonel Waite, U. S. Army, and inquired for Colonel Waite. He was informed that he was at his quarters. Captain Wilcox then said to the officers present, viz, Lieutenant Chandler, Captain Garrard, and Assistant Surgeon Smith, "Gentlemen, I am directed to arrest you, and take you over to Major Maclin's quarters." Colonel Chandler inquired, "By what authority, sir?" Captain Wilcox replied, "By authority of the Confederate States," and offered to show his order directing him to make the arrest. Colonel Chandler then said, "How do you arrest us; as prisoners of war?" Captain Wilcox replied, "Yes, sir, as prisoners of war." Colonel Chandler then replied, "I do not recognize your authority sir, and refuse to obey your orders. I decline going to Major Maclin's office unless you have an armed force with you." Captain Wilcox answered, "I have a force, sir," and pointed out of the window to a detachment of about thirty-six armed infantry. Colonel Chandler then said, "I surrender myself to you as a prisoner of war, reserving to myself the right of protesting against these proceedings." The other officers present, when called on by Captain Wilcox, replied, "Sir, we surrender on the same terms." Captain Wilcox then said,