E. Kirby Smith to J. B. Magruder, August 30, 1863

Maj. Gen. J. B. MAGRUDER, Commanding District of Texas, &e.:

GENERAL: I have received your communications of the 21st July and of August 10, in reference to the proposition of Colonel Sulakowski to raise new troops for the Confederate service. My absence at Little Rock, and a desire to submit the matter to the Governors and representative men met at Marshall, prevented an earlier acknowledgment. Since my return from Marshall until now an inflamed eye has prevented me from writing or giving attention to business.

Upon submitting the proposal of Colonel Sulakowski to the convention at Marshall, I regretted to find that it did not meet with the full approval of the Executives of the States of this department. No appropriation of bounty land can be made except by the Legislatures of the States, and as those bodies are not under the control of the Governors, they could enter into no pledges as to their action. They can only recommend measures.

As I feel unwilling to assume responsibilities in matters so clearly beyond my authority, and especially in a case already submitted to the consideraiion of the lxecutives of the States, I cannot concede to Colonel Sulakowski all the powers asked for in his communication and in the way desired.

However, I will authorize you to send that officer to Europe, and will agree to pay (in cotton) $30 fur every man, armed and equipped as proposed, furnished in the way stated. You can write to Mr. Slidell by Colonel Sulakowski, and the commissioner can negotiate the required funds, to be repaid in cotton, delivered at Matamoras or any port agreed upon not in the possession of the Federals. Mr. Slidell, as commissioner, is clothed with plenary powers, and any arrangement made by him with Colonel Sulakowski will have the full force of Executive sanction, All plans should be submitted to the commissioner for such

190 =w.FLA., S. ALA., S. MISS., L. A., TEX., N. MEX. (Cuar. XXXVIIL

approval and sanction, with the assurance that the funds advanced will be repaid with an equivalent in cotton, as above stated. ;

A corps raised in accordance with the plan of Colonel Sulakowski would by law be entitled to elect their own officers, vacancies to be filled by seniority. They would, moreover, be entitled to all the bounty and allowances granted by Congress, as other troops in the service of the Confederate States. By enlisting in the army, taking the oath of allegiance, and remaining till their term of service expires, they become ipso facto citizens of the Confederate States without any further form of naturalization.

I feel that I can confidently assure Colonel Sulakowski of the appointment of brigadier-general upon his arrival with two or more regiments. I will give him the appointment, subject to the approval of the President, which will certainly be conceded.

Very respectfully, your obedient servant,