War of the Rebellion: Serial 001 Page 0633 Chapter VII. CORRESPONDENCE, ETC.-CONFEDERATE.

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officers, are deserving of the highest praise for their energy and for the efficient aid they rendered during the whole of the operations.

By order of Colonel E. Van Dorn:

W. T. MECHLING,

Captain, and Acting Assistant Adjutant-General.

HEADQUARTERS TROOPS IN TEXAS, May 4, 1861.

Brigadier General S. COOPER,

Adjutant and Inspector General, Montgomery, Ala.:

SIR: I have the honor herewith to inclose a report of Major Maclin, quartermaster, in regard to the seizure of a train of wagons and subsistence stores intended for the United States troops in Arizona, together with some correspondence, &c., on the same subject, given to me by Colonel Luckett, quartermaster of the State of Texas. I am unable to determine whether or not the wagons and teams should be kept as lawful prizes, and must refer the matter to you for the decision of the Secretary of War. There are dues to the teamsters and other employes belonging to the train. In case the decision should be in favor of retaining the property, the employes should, I presume, be paid by the Confederate States Government. The correspondence on the subject and the report of Major Maclin make it unnecessary for me to enter into the details of seizure.

Very respectfully, sir, I remain, your obedient servant,

EARL VAN DORN,

Colonel, Commanding.

[Inclosure.]

SAN ANTONIO, TEX., May 2, 1861.

Colonel EARL VAN DORN,

C. S. Army, Commanding Troops in Texas:

COLONEL: In obedience to your order, I have the honor to report that on the 20th of last month Colonel P. N. Luckett, quartermaster-general of the State of Texas, seized, under the order of the governor, a train of forty-one wagons and four hundred and nine oxen. This train was claimed by Mr. Francis Davis, agent of W. S. Grant, as private property. I have no evidence in my possession determining the legal character of the property, but it was admitted by those in charge of the train, as I understand, that the wagons were loaded with subsistence stores for the United States troops, and that the oxen were to be turned over to the commissariat of the U. S. Army in Arizona. It was admitted, therefore, by the agent of W. S. Grant, the contractor, that he was engaged in transporting subsistence stores to our enemies through our own territory. Thus, by necessity and usages of war, the subsistence stores, wagons, and oxen were forfeited to the Confederate States of America. In order, however, that this matter may be properly adjudicated, it is referred to you for your consideration-more especially as to the right to retain the wagons and oxen, as I apprehend the other part of the subject cannot admit of a doubt. I have neglected to state that all this property is now in our possession by order of the governor of the State.

All of which is respectfully submitted.

I have the honor to be, sir, respectfully, your obedient servant,

SACKFIELD MACLIN,

Chief Quartermaster, C. S. Army, Texas.