1326 Series I Volume XLVIII-I Serial 101 - Powder River Expedition Part I
Page 1326 | LOUISIANA AND THE TRANS-MISSISSIPPI. Chapter LX. |
over to General Mejia. I was induced to do this because they were almost entirely naked and I did not consider it profitable or advisable to maintain prisoners at expense of Government when there was no power to recognize them as subjects for exchange.
I am, captain, very respectfully, your obedient servant,
JAS. E. SLAUGHTER,
Brigadier-General, Commanding.
[Inclosure Numbers 1.]
HEADQUARTERS WEST SUB-DISTRICT OF TEXAS,
Brownsville, January 10, 1865.Senor General Don TOMAS MEJIA,
Commanding Nuevo Leon, Coahuila,
District of Matamoras, &c., Matamoras, Mexico:
GENERAL: I have the honor to state for your information that a few days since the judge of the district court of Matamoras notified me of the possession of certain claims by citizens of Mexico against the Confederate States; that if payment were not promptly made he should feel it his duty to issue his writs of attachment in the cases and to order the seizure of cotton belonging to the Confederate Government, and to take such other steps as would lead to the forcible collection of said debts. Under these circumstances I feel it to be my duty to urge you, if in your power, to stop any proceedings touching this subject until the matter can be laid before the Imperial Government for its consideration and decision. To enable them to form a correct opinion of the case, I will state, as briefly as possible, a history thereof, and also cite a few authorities which lead me to the belief that his honor the judge is in error as to the legality of seizing Government property. Sometime in 1863 Major-General Magruder issued an order directing Brigadier-General Bee, then commanding the line of the Rio Grande, to impress cotton to meet exigencies of the service. It seems that General Bee made a compromise with cotton owners, and accepted the use of 25 per centrum in lieu of impressing the whole. This is a brief history of the original of the claims. Your assistance is earnestly requested in arresting proceedings in the premise until His Imperial Majesty, the Emperor Maximilian, can be advised of the facts and his pleasure known. The impressment law is a branch of the war-making power of the Confederate States Government, and has been so declared by the courts of different States adjudicating the same, and maintaining its constitutionality. If there were no express constitutional grant for the exercise of this power it would inure to the Government from necessity and in pursuance of the right of eminent domain and self-preservation. Vattel declares: "The right of self-preservation is paramount to all other considerations. " Mr. Wheaton lays it down as a principle that "In the exercise of the means of self-defense, no independent state can be restricted by any foreign power. " It can be safely affirmed that the impressment of cotton and other property by the officers and agents of the Confederate Government duly authorized, was in accordance with law and violated no rights of owners. If the act of impressment was not in pursuance of law, it is obligatory upon the party complaining to establish the fact before a tribunal of the Confederate States having jurisdiction in the case. Should it appear that the impressment was unwarranted by law, the Confederate Government would incur no responsibility. The officer or agent transcending his powers would be personally responsible for his own wrong. If the impressment of property should be made in conformity with law, it is then the act of the
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