War of the Rebellion: Serial 114 Page 0050 PRISONERS OF WAR, ETC.

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ing of the 25th it was observed that these steamers had on board some 800 or 1,000 troops, effectually protected with tiers of cotton bales on both decks. It is supposed these steamers had several pieces of artillery.

Colonel Van Dorn sent a messenger, requesting an interview, which, after consultation with the officers, was granted, and at this time a large steamer from New Orleans came over the bar and took up a position below us. She had on board two 24-pounders and two field pieces, and probably 500 troops. There being no further hope of our escape I was obliged to accede to the requirements of Colonel Van Dorn, and surrender my command as prisoners of war.

On the 28th the brig Mystic arrived off the port of Saluria, bringing Lieutenant Greene and the detachment sent up on the 24th. They had been captured at Indianola. The command was then divided -the battalion of the First Infantry being assigned to the schooner Horace, that of the Eighth to the schooner Urbana, and that of the Third Infantry to the brig Mystic. The two first named were towed over the bar on the 30th and proceed to sea. The brig was unable to pass the bar until the 3rd of May, owing to the low water. The two schooners arrived in the harbor of New York on the 31st of May, and the brig on the 1st of June, after a rough passage of a month from the coast of Texas.

It is not necessary to speak of the accumulated hardships to which the troops have been necessarily subjected, crowded as they were upon these inconvenient, open transports; and I again take occasion to remark upon the high-toned, unwavering spirit of the officers, and the fidelity and good conduct of the enlisted men of this command.

I inclose herewith a copy of the articles of capitulation; also, copy of a letter* from Major Larkin Smith relative to the embarkation of the troops, the official report* of Lieutenant J. B. Greene, First Infantry, a field return+ of the command on the 25th of April, a copy of the parole of the officers, and a copy of the oath taken by the enlisted men.

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

C. C. SIBLEY,

Major Third Infantry, Commanding Troops.

[Inclosure Numbers 1.]

SALURIA, TEX., April 25, 1861.

Articles of agreement this day entered into between Major C. S. Sibley, of the U. S. Army, on the one part, and Colonel Earl Van Dorn, of the C. S. Army, on the other part, viz:

It is stipulated and agreed to that the United States troops, officers and men, shall become prisoners of war, with the privilege of giving their paroles of honor, if officers, and their oaths, if soldiers, not to bear arms or exercise any of the functions of their office, under their commissions or enlistments, against the Confederate States of America, unless an exchange of prisoners shall be made, or until released by the authority of the President of the Confederate States; the arms and equipments of the men and all the public property in the possession of the company commanders to be given up to an agent appointed for the purpose, on board the transport which shall be employed to convey those who may desire it to the United States, private property to be unmolested.

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*Omitted. See Series I, Vol. I, pp. 564-566.

+Not found.

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