War of the Rebellion: Serial 128 Page 0548 CORRESPONDENCE, ETC.

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have no doubt that frequently cargoes derived mainly from the North through neutral ports, if not directly, are introduced.

Of course, when such fact can be ascertained and the parties brought within the provisions of the law passed to preclude such dealing with the enemy, examples should be made and the penalties of the law rigidly enforced. When, too, there is any just reason to suspect that parties engaged in the trade are disloyal and use the facilities afforded by running the blockade for the transmission of intelligence to the enemy, or for any other practices injurious to the Government, they may be subject to arrest, investigation, and, upon satisfactory ascertainment of the facts, to punishment. Whenever, too, peculiar military exigencies, such as threatened attack or the necessity of concealing any proposed movement, require peculiar caution, the sailing of all vessels may be temporarily suspended, or those only liable to suspicion may, at your discretion, be stopped. Beyond the judicious exercise of restrictions, such as those to which I have referred, I do not see how this Department could authorize, or any military commander would be justified to preclude or prohibit, the free exportation, on due compliance with the revenue laws, of any articles of produce. In another way, perhaps when a conviction of them policy of such trade in particular instances demands interference, some impediments might, without a violation of express law, be interposed by the influence which the Department or military commanders may exercise over the means of internal transportation. When parties are believed to be substantially engaged in trade with the enemy and evading the spirit of our laws the supply to them of transportation for out ward bound cargoes might be denied; but the exercise of any power like this must be controlled with great discretion, since it must be regarded as through indirect instrumentality, conflicting with the legislation regulatde.

I am aware that the suggestions I have made are very general and less specific than may be desirable as instructions, but it is difficult to give orders that may be applicable under the varying circumstances of the case as they arise. Therefore, relying on your own discretion and judgment, I have deemed it more judicious to express generally the judgment and views which are entertained by the Department.

With high esteem, your obedient servant,


Secretary of War.


Fort Brown, May 7, 1863.

His Excellency F. R. LUBBOCK,

Governor of Texas, Austin:

SIR: I am instructed by Major-General Magruder to state that, under orders from Lieutenant-General Smith, he has ordered five regiments from the East Sub-District of this State to Louisiana, and 2,000 troops from the Rio Grande frontier to the frontier of Louisiana and Texas. In view of these facts a necessity for an additional number of troops arises, and to meet this demand he has to request that you will call out the troops of the State who have been in the service under the call made by Brigadier-General Hebert, but whose term of service has expired. These troops, it is presumed, can easily be collected and remustered into service for the period of three months, unless sooner discharged. This call is rendered necessary by the fact