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45 Series II Volume I- Serial 114 - Prisoners of War

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Page 45 THE TEXAS SURRENDER.

leave to visit the company I did not expect such a course would be pursued. I am compelled, therefore, to forbid any visiting, only in company with an officer of the C. S. Army.

When the men are to be visited Captain James Duff will accompany the officer, or some other officer will detailed by him.

Your obedient servant,

S. MACLIN,

Major, C. S. Army, Commanding.

[Inclosure B.]

Memorandum relating to the arrest of Colonel Waite, U. S. Army, and the officers of the Army on duty at San Antonio, Tex.

SAN ANTONIO, TEX., April 23, 1861.

Captain WILCOX (with his sword, commanding Texas troops). Good morning, colonel. (At Colonel Waite's quarters, Colonel Waite and Major Sprague only present.)

Colonel WAITE. Good morning, sir.

Captain WILCOX. I have come to request you to go ovin's office.

Colonel WAITE. For what purpose, sir?

Captain WILCOX. As a prisoner of war.

Colonel WAITE. What authority have you?

Captain WILCOX. I have authority from Major Maclin.

Colonel WAITE. Who is Major Maclin?

Captain WILCOX. An officer of the Confederate States.

Colonel WAITE. I do not, sir, recognize any such authority. Have you the authority? I should like to see it.

Captain Wilcox then took from his pocket an order from Major Maclin, which Colonel Waite read, directing him to proceed with his company and arrest the officers of the United States Government in San Antonio.

Colonel WAITE. I protest against any such act, and will not obey the order, except by force. Have I committed any offense?

To which Captain Wilcox replied, "None that I know of. " "It is, then," said Colonel Waite, "a most unwarranted act of usurpation, and in violation of the modes and customs of civilized warfare, and a gross outrage upon my individual rights. I protest against it in the name of my country. Your authority I do not recognize, nor will I obey any order from you. Nothing but the presence of a force greater than I can overcome will cause me to relinquish my personal freedom. There is nothing in history to equal this usurpation. " Thereupon Captain Wilcox said, "I have the force," and started for the public storehouse, and immediately returned with thirty-six footmen, Texas troops, armed with rifles and saber bayonets. The command was halted in front of Colonel Waite's quarters, when Captain Wilcox entered the house. Colonel Waite then walked to the door, and upon looking out remarked, "is that your guard, sir?" "Yes, sir," replied Captain Wilcox. "These are more men," remarked Colonel Waite, "than I can resist, and I against protest, in the name of my country, against this gross and unwarranted act of usurpation and the violation of personal rights. where do you wish me to go, sir?" "To the ordnance office, sir," said Captain Wilcox.

Colonel Waite then took his hat and passed to the front of the guard, when arms were shouldered, and the crowd proceeded through the pub-


Page 45 THE TEXAS SURRENDER.

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