Edmund P. Turner to Hamilton P. Bee, July 29, 1863

Brig. Gen. H. P. BEE, Commanding First Division :

GENERAL: I am instructed by Major-General Magruder to ackuowledge the receipt of your letter of the 19th of July, giving an account of your proceedings under the orders of Lieutenant-General Smith, and the instructions of Major-General Magruder in accordance therewith, for the impressment of cotton on the Rio Grande, to pay for the cargoes of the Sea Queen, the Gladiator, and Sir William Peel. It is obvious that the obstacles placed in your way result from a combination of merchants, mercantile and consular agents on both sides of the river, to render inoperative the impressment act passed by the Congress of the Contederate States, and in accordance with an express provision of the Constitution of these States authorizing such act.

You say that you deduct 3,000 bales of cotton from the amount at the Rio Grande and arriving there, as the probable amount that will belong to the State, to associations for the benefit of soldiers’ families, to planters expecting to buy supplies, &c., and that the whole amount is about 11,000 bales. This will leave about 8,000 bales at your disposal. These quantities are modified by the following considerations, viz, the tax law, which calls for 8 per cent. of all the cotton in the country at the time of its passage. This will give us 880 bales, for under this law there is no exemption either for State, foreign, or any other cotton. Of this, 240 is derived from the 3,000 bales belonging to the planters and State, and we have 7,380 at our service.

Now, if one-half of this belongs to foreigners, the other half, 3,690, will be the available quantity on hand with which to send back the three vessels, each with a load of cotton. The major-general commanding is not aware of the capacity of these vessels, but it is said that the Sea Queen will only carry a thousand bales. At all events, they ought to be on the order of their arrival dispatched with returned cargoes as soon as possible, but you say that cotton is only worth about 20 cents per pound in market at Brownsville, and that the teamsters were promised 16 cents per pound in gold by their employers, and that you offered them 8 cents per pound, but that they refused this, and have remained unpaid. The major-general commanding understands that cotton is now worth 25 cents per pound in Brownsville; the impressment act requires that the value of the article impressed, if the owners refuse to part with the article voluntarily assessed according to the mode prescribed in the act, shall be paid by the owner in Confederate money, if the officer impressing has it, and, if not, in accounts, accompanied by other papers therein described.

The only difficulty of magnitude, in the opinion of Major-General Magruder, under the above circumstances, is the refusal of the owners of the cargoes to be paid in impressed cotton, and he presumes that the true meaning of that is, that they refuse to receive cotton impressed from the hands of foreign owners, for he cannot suppose it possible that they refuse to receive the impressed cotton being the property of our own citizens, since the Constitution of the Confederate States authorizes Congress to pass an “act of impressment,” and Congress has passed such an act.

You state that many of these goods can be obtained at Matamoras at 25 instead of 100 per cent. on cost price, and that parties representing a portion of the cargo of the Sea Queen offer those goods brought over in that ship at 52 per cent., instead of 100 per cent. due under the contract with Bellot, De Mermes & Co., represented by Mr. Bisbee.

The major-general commanding desires me to state that he cannot be tempted by the difference of prices to depart in the slightest degree from the fulfillment of a contract made with the highest officer of our Government, the Secretary of War, with house of Bellot, De Mermes & Co., as, in his opinion, the preservation of the faith of the Government is its very highest interest. The major-geveral has inquired into the contracts between Major Hart and the merchant§$ at Matamoras and Brownsville, and has been informed that for supplies which Major Hart received in the early part of the year cotton was to be delivered in payment, but no time was specified as to its delivery. He is of the opinion, from the best information he can obtain, that the whole of the debt incurred by Major Hart will be paid in cotton this season.

He is also informed verbally by Major Hart that the contract made with Kennedy & King allowed him (Major Hart) the privilege of delivering 500 bales per month on any plantation in any county in the State, and that he would be sure thus to deliver the 500 bales per month.

The major-general commanding has received a letter from Maj. Charles Russell upon the subject of Major Hart’s failure to comply with this part of the contract, which has been referred to Major Hart with the remark that, unless he apply for a court of inquiry, the matter will be investigated by one of the inspectors-general.

The major-general has also called through the public newspapers for any substantial evidence of fraud on the part of the agents of Major Hart, or those of any other stnff officer of the Government, with the determination to visit such conduct witi: the severest penalties of the law.

Having no doubt, then, that the local debts will be paid through the instrumentality of Major Hart this season, he is extremely anxious that there should be evidence promptly preserved abroad of a disposition, as well as an ability, to pay the debts contracted for there.

The first to provide for is the Sea Queen. The major-general saw the agents of the contractors, Messrs. Bellot & Co., Mr. Bisbee and Mr. Redgate, the agents of the parties owning a part of the cargo, who voluntarily dissolved tlreir connection with Messrs. Bellot & Co., and told them that as inasmuch as Mr. Cherry, the ageut of Messrs. Bellot & Co. at Brownsville, had refused to honor their drafts, on the ground that we had not cotton on the Rio Grande, as called for in the contract, he would take the whole cargo, paying what the contract called for, if they would reconcile their differences; which was agreed to by Mr. Bisbee, and also by Mr. Redgate, provided in the latter case his constituents agreed to it; but as it appears from your statement that there is not cotton enough on the Rio Grande, even when impressed, to pay for these cargoes, so far from being tempted to take the goods at lower rates from those who have severed themselves from Messrs. Bellot & Co., and therefore have not by contract any claims on us, the major-general commanding is decidedly of the opinion that we should pay with such cotton as can be impressed for that portion of the cargo represented by Colonel Bisbee, for which we have contracted to pay, and send the vessel back with a load as soon as possible, receiving all the goods which Mr. Bisbee has, if he thinks proper to deliver them to us, or only such portion as can be paid for by the return cargo of cotton, the rest to be delivered as we deliver cotton. Whether the transaction is a beneficial one to us or not is of little consequence so long as we preserve our credit abroad.

The major-general commanding hopes to be enabled, by the means of transportation placed at our disposal by the impressment act and by the Government cotton in Louisiana and Texas, to pay for all the goods which have arrived and which will arrive with what may be considered only reasonable commercial delay. The question of impressing foreign cotton has been referred to counsel, and will also be sent up tor Lieutenant-General Smith’s action, so that you will not probably receive a definite answer, in regard to the impressment of that cotton for from twenty to thirty days.

In the meantime cotton will remain impressed and in your hands. Should the merchants agree to advance enough cotton of that which is now on the Rio Grande and coming to load the vessels under contract with us which have. arrived with return cargoes, and to pay for the arms imported by Nelson Clements, all the rest will be released excepting the tax of 8 per cent., which will go toward these cargoes. What percentage this will be, you are a better judge, the major-general thinks, than himself. The cargo of the vessel from Nelson Clements, it is presumed, will be paid for by Major Hart, but the arms which may be obtained from the vessel taken to Vera Cruz, or from any other vessel sent here by Nelson Clements, must be paid for immediately. Though this tax is collected in money, still it amounts to the same as. if it were in cotton, forin assessing the value of the cotton the assessor would have to value it at its market price in Confederate money, and, if it were paid in money, the same money could buy it, and, upon the ey refusing to sell it, the cotton could be impressed at the rates assessed.

To sum up, you will, therefore, first assess and hold subject to your order 8 per cent. of all the cotton now on the Rio Grande and arriving; secondly, you will inform the British consul and foreign holders that the right of impressment as to foreign cotton or cottou owned by foreigners is under advisement, and as soon as the question is determined they will be informed. In the meantime you will hold their cotton under impressment until the question is settled. If you can get possession of cotton enough which is the property of our own citizeus to give cargoes to all of those vessels with whose owners we have contracts, you will offer them payment on such cotton thus impressed, in accordance with the Constitution and laws of our country.

As the State of Texas is deeply interested in this transaction, if you cannot obtain cotton euough from our own citizens, exempting parties as designated in the instructions of Lieutenant-General Smith and in those of Major-General Magruder, you will impress the State cotton, holding it until the major-general commanding can communicate with and hear from the Governor. This will be done unless all the merchants will agree to advance cotton sufficient to accomplish our purpose, as explained in the former part of this letter; otherwise the impressment policy will not be departed from, as it is now an inevitable necessity.

very respectfully, your obedient servant,