War of the Rebellion: Serial 021 Page 0669 Chapter XXVII. CORRESPONDENCE, ETC. - UNION.

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In testimony whereof I have hereunto set my name and caused the seal of the United States to be affixed.

Done at the city of Washington this first day of January, in the

year of our Lord one thousand eight hundred and sixty-

[L. S.] three, and of the Independence of the United States the

eighty-seventh.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD,

Secretary of State.

HEADQUARTERS DEPARTMENT OF THE GULF,

New Orleans, January 30, 1863.

Hon. E. M. STANTON,

Secretary of War:

SIR: There are some cases of maritime prizes and others of a similar character growing out of the confiscation acts which are not brought within the powers of the provisional court, following the exact language of the acts relating to these subjects.

It is suggested here that a district court should be organized for the consideration of these cases. The appointment of Judge Peabody for this duty would give entire satisfaction here. I do not know whether there can be said to be an incumbent judge of that court for the district or not. No one is here or claims to hold or exercise that power.

I have the honor to be, with much respect, your obedient servant,

N. P. BANKS,

Major-General, Commanding.

HEADQUARTERS DEPARTMENT OF NEW MEXICO,

Santa Fe, N. Mex., February 1, 1863.

BrigadierGeneral LORENZO THOMAS,

Adjutant-General, U. S. Army, Washington, D. C.:

GENERAL: I have just returned from San Elizario and Franklin, in Northwestern Texas, whither I went to confer with the people, who, in their alarm at the rumors of another invasion from the eastern part of that State, were fleeing into Chihuahua and leaving their fields to lie uncultivated. The commander of the District of Arizona had issued an order that all lands thus abandoned should for the year be given to others who would cultivate them. This had a good effect. I am assured that they will all return.

There are no new rumors of an advance of rebels from Texas. They could have but little to gain by such an expedition except the right of way to the Pacific, to which great importance is said to be attached by the Southern Confederacy. As in the event of a separation, to use their argument, they could not claim territory which they did not occupy, it is possible that an effort will be made to recover and hold New Mexico and Arizona. Besides it is perhaps a part of plan to persuade, if possible, Chihuahua and Sonora to secede from Mexico and join the Southern Confederacy. For this purpose it is alleged that Colonel Reily was sent by General Sibley last winter to confer with the Governors of those States.