J. Bankhead Magruder to Hamilton P. Bee, August 4, 1863

Brig. Gen. H. P. BEE, Commanding Division, &e., Brownsville:

GENERAL: I have your letter of the 31st July before me. You state that you have conceded to certain persons at Brownsville the right to export their cotton, in consideration of the large indebtedness of the Government to them. This is not in accordance with General Smith’s orders, nor, I think, with my own. The object of the impressment at this time is to fulfill our part of contracts entered into by the Secretary of War, in pursuance of which cargoes are now at the mouth of the ‘Rio Grande or landed at Matamoras. The debts due by the Government, or by Major Hart, or its agents, are not to be provided for by this i im: pressment. It is presumed that Major Hart will pay his debts during this season. I am informed by him that no precise date for such payments, cxcept in the case of King & Kennedy, of 500 bales a month, is fixed in his contract. At all events, the cotton ordered to be impressed was directed to be applied to the fulfillment of our contracts with parties named and to secure cargoes named. I cannot, therefore, approve of your exempting cotton from impressment because of the indcbtedness of the Government to the owners thereof. Undoubtedly it is a hard case, but in case of the Government it is a necessity of the highest kind, and It is so judged both by Lieutenant-General Smith and myself, and hence the cotton of the class of persons above alluded to was not exempted from impressment. You state that the remainder belongs to the State, to contractors, and planters, who have also the privilege of exporting. It is true that State cotton is exempt by our orders, but I have written the Governor requesting that it be made subject to impressment in the present emergency. As to the contractors and planters, the cotton of the former is subject to the impressment under our orders unless they have the supplies ready on the Rio Grande for delivery, and I presume this is not the case with many, if any; and as to the latter, planters’ cotton is exempt only so far as may be necessary to purchase a reasonable amount of supplies; all over that sinall amount brings the planter in the category of speculators, and should be impressed ; this is clear.

As to the freights, we have nothing to do with them; we impress the cotton, and pay in notes or certified accounts for the full value, including everything on the RioGrande. If the consignees refuse to pay the expenses necessary to enable us to move the cotton across the river (and in no case, I believe, except the one of Nelson Clements, reported by you, is that necessary), So much of the impressed cotton as may be necessary can be sold for coin to pay necessary expenses. ‘Teamsters and all must wait in order that we may fulfill our contracts and send return cargoes by each ship. Without a law of Congress we would have the “right of necessity;” with a law of Congress, passed especially with this view, we should be derelict in the last degree if we suffered our credit to be blasted abroad when the remedy isin ourown hands. Youappear to be influenced by the debts due at Brownsville and Matamoras, but we have decided that the cargoes from abroad in ships named in the orders shall be taken care of by impressment, and that is final, however hard it may operate upon individuals. As to your suggestion of the remedy to buy or impress cotton in the interior, it is too late in the season; and the impressment of cotton in the interior would not obviate the difficulty as to foreigners, as they own as much cotton here as there.

138 W. FLA., 8. ALA., S. MISS., L. A., TEX., N. MEX. (Car. XXXVill

The law of nations is clear as to our right to impress the property of foreigners. See Vattel, Book II, Chapter IX, page 241, section 121, and is as follows:

In the same manner, if a nation has a pressing waut of the vessels, wagons, horses,

or even the labor of strangers, it makes use of them either by free consent or by force,

‘ provided that the proprietors are not under the same necessity, but as it has no more

right to these things than necessity gives it, it ought to pay for the use it makes of

them if it be able to do it. The practice of Europe is agreeable to this maxim; nations

retain by force foreign vessels found in a port, but they pay for the advantage they reap from them.

Besides, it is obvious, if we allowed this monstrous doctrine of the British consular agent at Matamoras, that all the cotton of the country might pass, and a great deal of.it would pass, at once into the hands of foreigners, and we should cease to have any control of it. It is evidently a mercantile combination to nullify our impressment act, and must be firmly resisted.

Throw aside Bowden & Meek; they have no longer any claim upon us. Hold on to all the cotton impressed, except such as is exempt by the orders of Lieutenant-General Smith and myself, and offer payment to Colonel Bisbee, or the supercargoes of the remainder of the cargo of the Sea Queen, deducting Bowden & Meek’s portion, in cotton impressed from our citizens, preferably, if sufficient; if not, then take such quantity impressed from foreigners as may be necessary to load the ship, and, if it be declined, then we shall have fulfilled our obligations, and they cannot justly charge us with bad faith. If refused, have all the papers made out strongly and clearly, and copies forwarded to Major Huse, our purchasing agent in London, and Mr. De Leon or Mr. Slidell in Paris, with a full statement of the case in explanation, and let the parties do what they please with thecargoes. In my opinion, they will be compelled to come to terms, as the position assumed by the owners of the cargoes is undoubtedly wrong, and I do not believe they can find any other market for their goods; this last consideration, however, has little weight with me in comparison with our obligation to fulfill our part of our contract.

The French Government has cognizances of this contract of Bellot, De Mermes & Co., represented by Colonel Bisbee, and it becomes the more necessary that we should at all hazards fulfill our obligations. We only require time. Individuals can wait for their money or their cotton; delay, though it may result in loss to them, is not death—the death of credit abroad—as it is to us. These contracts are made with the highest authority of our Government, viz, the Secretary of War, representing the President; to permit them to be broken, and our faith thus pledged to be dishonored, is disgrace and ruin. No time is fixed for Major Hart to pay his indebtedness on the Rio Grande. I think he will pay this season, but here, on these contracts, a time is fixed and has arrived. How ean you fail to see and appreciate the difference ?

You are positively ordered, therefore, to impress, if you have not already done so, all the cotton on the Rio Grande or to arrive, and to release from impressment only such as has been made exempt by previous instructions. You will offer the cotton thusimpressed in payment, first to the proper representatives of the contract under which the Sea Queen came, leaving out Bowden & Meek, who have voluntarily separated themselves from that contract. If such offer of cotton is refused, get it in writing, and then offer the cotton to the next ship arriving under the contract, and then the next, and so on, not permitting a bale of cotton thus impressed to go out of your hands, with the above exceptions.

I ordered some coin to be sent to Major Russell, thinking that there was a considerable sum. I will be able, I think, in a few days, to send him some $10,000 in coin to assist in his operations.

Do not yield an inch to anybody, but do all you can to secure these cargoes and to fulfill our obligations under the contracts made with the Secretary of War, with Major Washington, and other disbursing officers of the Government, in pursuance of which three vessels and cargoes are now in our waters. The specified time for the payment under these contracts has arrived ; in the other cases no time is specified, and, at all events, these are the orders, and you will be guided by them until Lieutenant-General Smith is heard from.

I was surprised to learn that Major Russell had been ordered to San Antonio when these immense interests were left unattended to on the Rio Grande. I am happy to learn he is now at his post, where he will remain until further orders, as his services are more important there than they can be elsewhere.

very respectfully, your obedient servant,