J. Bankhead Magruder to Samuel Cooper, June 8, 1863

General S. CooPER, Adjutant and Inspector General, C. 8S. Army, Richmond, Va.:

Sir: [ avail myself of the return to Richmond of Colonel Ives, aidede-camp to His Excellency President Davis, to present for the intormation of the War Department a brief statement of military affairs and interests connected with them in the District of Texas, New Mexico, and Arizona, which I have the honor to command, and, for the sake of easy reference, I place them under the following heads:

1. Troops and their organization.—On wy arrival in Texas, I found the number of troops [excepting] Sibley’s brigade, and including Governor Baylor’s Arizona Brigade, to be 10,569 aggregate.

The Arizona Brigade was authorized by General Randolph to be raised by Gov. J. R. Baylor, who about the same time was appointed Governor of Arizona. Governor Baylor was authorized, I think, to raise six battalions, and to nominate the officers, subject to the approval of the President; at least he so supposed and so acted. *

Before the completion of the organization, but after the provisional nomination of the officers by Governor Baylor, he was removed from the command or control of the brigade by myself, in pursuance of orders to that effect from the Secretary of War, who also directed me to proceed with the preparations for the recovery of Arizona.

There was but one course to pursue, which was to complete the organization already begun, to recognize Governor Baylor’s provisional appointments, and to fill vacancies, and then to send on the muster-rolls for the adoption of the War Department.

This I did, but consolidated the small and incomplete six battalions into three good regiments and a small surplus battalion. Subsequently, a@ favorable opportunity to invade Arizona having been presented to me, I authorized, at the written request of Governor Baylor, Col. S. M. Baird to raise a regiment, if he could, of New Mexicans, Arizonians, Californians, and others not subject to conscription, to proceed and make a lodgment in that country.

Colonel Baird is an officer and gentleman of much merit, but as yet has not raised his regiment.

All this was subject to the approval of the War Department, and, under the instructiovs, above alluded to, to go on with the preparations for the recovery of Arizona. At the head of one of these organized regiments, I placed a cavalry officer of great merit and the most heroic character, Capt. Joseph Phillips, of the Confederate Army, who had served with me on the Peninsula, and with General Hood, commanding Texas Brigade, through several battles in Virginia, and was spoken of in the dispatches in the highest terms by us both.

*See Randolph to Baylor, May 29, 1862, Series I. V.

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Captain Phillips is from Virginia. This appointment gave great satisfaction at first, but Captain Phillips being a disciplinarian, as soon as this regiment was marched toward Louisiana to meet the late invasion of Banks, and when it had got out of reach of these headquarters, it mutinied, and refused to serve under Captain Phillips, who is from another State, and he proceeded, with one company, to report to Lieutenant-General Smith, to whom I have written, asking that he will support Captain Phillips for his merit and for the sake of discipline. *

Ihave no doubt Lieutenant-General Smith will pursue that course, and that in a short time the regiment will be reduced to subordination.

Another regiment of this brigade was -ordered, and has gone to, Louisiana, and a third, with the small surplus battalion, is ordered and now ready to protect the wheat region of Texas against a contemplated invasion from Kansas and the Indian Territory.

I recommended Gov. J. R. Baylor to be the brigadier-general of this brigade, because he raised it, was popular with it, and I thought would be more likely to command it successfully than any one else. He had also conducted himself with great propriety when relieved from the control of it by the Secretary of War, and had behaved gallantly as a private at Galveston.

I have not heard the result of my application, made over five months ago, and the brigade being without a general, and some of the regiments being conveniently posted to be moved into Louisiana, Cols. J. Phillips’ and George W. Baylor’s regiments were ordered to report to the commanding oflicer in Louisiana.

Under present circumstances, I respectfully recommend Col. P. N. Luckett, now colonel of the Third Texas Infantry, to be appointed brigadier-general of the Arizona Brigade; this brigade to be assembled in Louisiana or Texas by Lieutenant-General Smith, as the state of affairs may require.

Colonel Luckett is an officer of talent, for a long time a citizen of Texas, and was educated at West Point. He was there at least for several years, and will make a good general. This will complete the organization of that brigade.

Soon after my arrival here, Sibley’s brigade was ordered to Louisiana. By completing the organization of regiments, battalions, and companies, and those in progress of organization, I raised my command to about 14,000 men.

In order to meet Banks, 4,694 men were ordered to Louisiana to the assistance of Major-General Taylor, which leaves my command now about 9,500 strong, but scattered over an immense space.

By reference to the map of the North American Continent, it will be seen that the sea-coast of Texas is equal in extent to that from the Capes of Virginia to Massachusetts, and that the area of this State is equal to that contained in the States of Virginia, Maryland, Delaware, Pennsylvania, New Jersey, New York, Connecticut, Vermont, and Ohio. It must also be remembered that there are but few ané@ short railroads in the State, and that she is threatened at all times with invasion from all her inland frontiers, as well as from her coast; that she produces yearly almost enough breadstuffs and meat to supply the whole Confederacy, and that for her warlike, though somewhat unruly, population, for her military resources, as yet undisturbed, and for her prestige in war, she may be almost looked upon now as the Trans-Mississippi Department, for all commanders on this side of the Mississippi send

*See Phillips to Turner, June 11, 1863, p. 45.

here for men, money, munitions of war, arms, wagons, mules, harness, and, in short, everything necessary to carry on the war. From the very extent of the country, these immense resources are in danger, and unless energetic and judicious preparations are made in anticipation of attack by the enemy, many of them may be destroyed, when probably all might be saved by timely action. It is for this reason that I laid before the War Department, in January last, a plan for the defense of Texas, a duplicate of which I send with this.*

This plan provides for four geographical sub-districts, with a brigadier-general to each and a major-general to each two, one of the latter to be stationed at San Antonio and the other at Houston, the headquarters of the major-general commanding to be wherever the exigencies of the service require.

Since the arrival of Lieutenant-General Smith, he has ordered the establishment of a third sub-district in the north, in order to protect the wheat crops, now threatened from Kansas and Arkansas. Three additional sub-districts should be established on the coast, viz, one from vhe Rio Grande to the Nueces, one from the Nueces to the Colorado, one i….n the Colorado to the Sabine, and one sub-district in Northern Texas. I recommend Brigadier-General Bee to command on the Rio Grande; mand between the Nueces and Colorado; Col. X. B. Debray to command the Eastern Sub-District, from the Colorado to the Sabine, and to be made brigadier-general for that purpose; and Col. S. P. Bankhead to be made brigadier-general], and to command the Northern District of Texas, to which he is now assigned. This officer, I am officially informed, has been recommended to the War Department for the commission of brigadier-general by General Bragg and Lieut. Gen. L. Polk. He is well qualified.

The promotion of Colonel Luckett to the Arizona Brigade would not interfere in the least with this arrangement.

The number of troops under my command aggregate, including those— some 4,600—sent to Louisiana, is about 15,000 present and absent ; that would require five brigadiers, at 3,000 men to each brigade; besides, it will be seen by the inclosed: correspondence between the Governor of this State and myself that 10,000 State troops will be organized for service in a short time, and they will be called out when necessary, but always without brigadiers, and they will be attached to the brigade already formed.

I request particularly that Col. S. P. Bankhead, chief of artillery in this district, be made brigadier-general of artillery, which can be done in cecordance with law, as there are a sufficient number of guns here {9 cuthorizo it; or that he may be made a brigadier-general in the line, and ordered to report to me, so that I may be able to maintain him in the command of the wheat region. One of the colonels under him ranks him as colonel, but is not competent to the discharge of the difficult dutics which will devolve uw Colonel Bankhead ; therefore, I have been compelled to place this oij.icer on other duty, so as to remove for the moment the obstacle to Colonel Bankhead’s command. This cannot last, and I beg that the honorable Secretary of War will act upon my recommendations without delay, otherwise it will be impossible to administer this district with success.

The number of officers asked for by me may appear large, but when the circumstances above detailed are taken into consideration, it will be

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seen that they are absolutely necessary to the preservation of the public interests in the District of Texas, New Mexico, and Arizona, and if all for whom I have asked are appointed and ordered to report to me, they will not be sufficient to transact the public business of this district in the best manner. I therefore venture respectfully to express the hope that those whom I have recommended for assignmeut and promotion may receive from His Excellency the President and the honorable Secretary of War the favorable consideration which their own merits and the public interests alike justify. ‘The list is herewith inclosed, with slight alterations from that furnished in January last.

I will state that my aide-de-camp, First Lieut. George A. Magruder, jr., of the Provisional Artillery, is now acting chief of artillery for this whole district; that he has organized the artillery as assistant to Colonel Bankhead admirably; that his knowledge of his profession is conspicuous to all, and that he has been distinguished on four occasions under my command, and at Sharpsburg, under General Lee, who has written in high terms of him to the War Department. I ask that he be made major of artillery and ordered to report to me. He will either be assigned to the command of a battalion of artillery or to duty as chief of artillery in case Colonel Bankhead is promoted. I had recommended Maj. E. F. Gray to be transferred also to the artillery, but since then he has been made lieutenant-colonel in his regiment, with the certainty of promotion if his colonel, Luckett, is promoted, and therefore I withdraw my recommendation, in justice to Lieutenant-Colonel Gray, who is an excellent officer in any position.

There are ten light batteries belonging to this district and six armed gunboats requiring artillery officers, and a field officer of artillery to supervise all. There cannot be less if these batteries, detachments, and boats are kept in order and ready for service at all times. There are ten light batteries in this district besides those on board of gunboats; two more batteries are ordered and will soon be here; to each two batteries there ought to be a major; this is in accordance with the tactics; there should be 5 majors alone, then, for the ten batteries, and 1 major is absolutely essential to attend to the wants of the marine artillery, that is, the guns on board the boats; this would be 6 majors of artillery for artillery service. Ihave only recommended 4, viz: Major Magruder, Major Fontaine, Major Hill, for service with the light batteries, and Major Mason for service with the marine artillery. Major [T. T.] Teel, who was ordered here, belongs to Sibley’s brigade, and has gone to Louisiana. The other officers recommended for the artillery are intended especially for the engineer service, viz:

Col. V. Sulakowski, who is an officer of the highest grade of merit. He was colonel of a regiment; his services are indispensable to our interests. If Galveston is saved from the enemy, as I now think it will be, the credit will be due to the services of Colonel Sulakowski. I could not offer him less than the pay and emoluments of a colonel and the recommendation to the rank of colonel; and I proposed artillery because I believe the President had the power to appoint him colonel of artillery, Provisional Army, and could not appoint him colonel of engineers.

Major Kellersberg is also an engineer of great merit, who was appointed major of artillery by Brigadier-General Hébert, and has rendered the greatest service. I recommend him to be lieutenant-colonel of artillery on engineer service.

Captain Wilson is also an engineer of ability, and I recommend him to the grade of major. He organized a battery of light artillery, was cap- tain of it, but, being a good engineer, was detailed in the latter service. He deserves and ought to have the pay, rank, and emoluments of major.

I have been thus particular in regard to the artillery because it has been stated to me that some surprise was manifested at the War Department that I recommended so many artillery officers and had so few guns. A mistake both ways. Ihave many guns, am making more, and have very few artillery ofticers.

It is a great misfortune toa commander to have guns and not officers to take careof them. I cannot but feel aggrieved that my recommendations and suggestions have been so completely set aside at headquarters at Richmond, and cannot think that this is done with the knowledge of His Excellency the President, who, in the kindest manner, thanked me in a letter for my services in Texas, and voluntarily stated that my suggestions should be attended to, as they deserved to be. Nor can I attribute it to any personal motive on the part of the Secretary of War, but I am under the impression that few, if any, of my frequent and urgent representations reach either the President or the Secretary ; perhaps from the pressure of business of more importance. Be that as it may, I respectfully ask that this communication be laid before the Secretary of War, and, if possible, the substance at least before the President, with the request that some action be taken as to the matters herein presented.

I here repeat my recommendation that Brigadier-General Scurry be made one of the major-generals asked for by me. His name is at the head of the list herewith forwarded. I particularly ask the appointment of Capt. Henry Pendleton, late assistant quartermaster, to be major in the quartermaster’s department, and ordered to report to me, to fill the vacancy created by the promotion of Major [J. F. Minter to the. staff of Lieutenant-General Smith. The case of Capt. Henry Pendleton is one of peculiar hardship. He was the only well-educated and well-qualified quartermaster I had in the Peninsula; he taught all the rest; he rendered distinguished services there, and when I was put off duty in Richmond in October last, Colonel Myers, Quartermaster-General, dropped him from the rolls of the army without reason, and without informing me, though I was present in Richmond.

I brought him to Texas with me, and he had commenced to put everything here in order when he received intelligence from Richmond that he had been dropped as a supernumerary.

I sent him to Richmond for funds, and urged that justice should be done the best quartermaster in Texas, but, up to this period, without effect.

A vacancy now having occurred by the promotion of Major Minter to another department, I beg that Capt. Henry Pendleton be appointed quartermaster, with the rank of major, and ordered to report to me, and I beg that this case be particularly laid before the President and the honorable Secretary of War.

2. Fortifications.—The Sabine, Galveston, the Brazos River, Cavallo and Aransas Passes, must be defended by strong works and heavy guns. We have taken the latter from the enemy and are making the latter [sic], but it is not to be supposed that these works can be made without competent engineers. Indeed, front the lowness of the land, it requires more genius to make good works, capable of successful resistance, than in locations more favorable.

These works must be extensive to resist the formidable attacks that will be made upon them. They are of the last importance, as we have an extensive inland navigation nearly to the Rio Grande, which makes

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us independent of the blockade as long as we can hold these passes. LT have not even now engineers enough, and I fear the enemy will attack and carry the passes and break up the trade in cotton, &c., before we can possibly get ready.

I hope, therefore, that the Department will support me fully in my efforts to accomplish these important purposes, and give my engineers rank for the war, to gratify a just pride, and salary enough to enable them to live. Their places cannot be supplied.

3. New Mexico and Arizona.—I had the honor to forward to the War Department a proclamation some months since, made by the Federal commandér in New Mexico, showing great fear of an invasion, and I learned through Captain Skillman, commanding our spy company, stationed on the confines of that country, that there were but 2,000 troops this side of California, and that these were ready to move off if threatened. I organized an expedition, to pass up the Canadian to New Fort Union, to cut off supplies from Kansas and Missouri, while a regiment of the same brigade would march on Fort Bliss. I kept these troops, however, in hand ready for service anywhere, and determined not to move them until the fate of the Mississippi was decided.

The operations of the enemy have for the present put a stop to any movements in that direction, but should there be a prospect for peace, and this part of the country should not be seriously threatened, I propose to take possession of New Mexico and Arizona, if possible, so that at the termination of the war they may remain ours.

The importance of this acquisition to us will be readily perceived.

4. Cotton and supplies—Major Hart, quartermaster for the purchase of supplies with cotton, was progressing, I think, satisfactorily, when the order of the War Department, dated 26th January, 1863, if I remember aright, arrived, and by it my orders were annulled, and cotton was allowed to go out of the country without any return in supplies being secured. All restrictions being removed, cotton rose from 25 cents to 50 and 60 cents per pound, and Major Hart now writes me for authority to impress cotton to enable him to fulfill his obligations, as the price is so high that he cannot purchase it, even if he had the money, which he has not. Lieutenant-General Smith having refused to order money to be turned over to him by the public receivers here, I referred him to the impressment law, which gives him the power without reference to me, and stated that I would support him in aay impressments he might make with whatever troops he might require. I have not yet heard the result, but consider it very unfortunate just at this time that my order on the subject, which gave general satisfaction, should have been revoked by the orders from Richmond, and that, in consequence, resort must be had to impressment of cotton. Iam of opinion that it will create much dissatisfaction, if not serious trouble. The law of Congress authorizing the exportation of cotton by the Mexican frontier, evidently contemplated the introduction of goods for cotton sent out; hence the spirit of this law was not violated by my order, though tho letter was. At all events, under the laws and orders from the War Department, as they now stand, vast quantities of cotton are going out and very little is coming in. I had hoped another law would have been passed by Congress repealing the pre-existing law, and made in accordance with my orders, copies of which I sent to the War Department. This, as far as I am informed, has not been done, and I confess that I am a a loss as to what steps I should now recommend to the Department to take.

If Congress will pass such a law promptly at its next session, a por- tion of the evil would be prevented. I was called to the Rio Grande frontier by the alarming state of our relations with the Mexican authorities and people after the seizure of Colonel [Edmund J.] Davis, of the Federal army, and [ William W.] Montgomery, on the Mexican soil, and the hanging of the latter, and also to place our commercial affairs, if possible, on a surer footing. Major Hart proceeded to Brownsville at the same time. I found an unfortunate difficulty had arisen between an influential foreign house and Major Hart as to the proper construction of a contract between them, and the same being referred to me, I decided, though reluctantly, in favor of Major Hart.

In the course of this transaction, I discovered that it would not be prudent to depend on any foreign house for our supplies, if we could procure them with equal economy and certainty from a house having the same credit and means, whose property was in our country, and, therefore, in our power, and King, Kennedy & Stillman, a house in Brownsville, having agreed to furnish supplies at lower rates than any house in Matamoras, I advised Major Hart to enter into a contract with them, which was done through Major [Charles] Russell, quartermaster, C. S. Army.

These gentlemen have advanced very liberally, and if Major Hart can fulfill his obligations to deliver 500 bales a month, all will go well. For this purpose, [ have placed steamboats at his disposal and service in Matagorda Bay, having run the blockade with them, and a large number of conscripts and their teams were also placed at his disposal, but he does not seem to have any cotton. These steamers have been ready for two months, and he has been notified long since of it. Believing that this work does not progress as rapidly as it ought, I have authorized the chief disbursing agents of this district to make contracts, in addition to Major Hart’s, for army supplies, so as to embrace all the chances of getting them. I would respectfully suggest that these chief disbursing staff officers be also authorized to export cotton with which to purchase supplies, that power being confined at present to Major Hart. My orders were to afford Major Hart every facility to enable him to carry out the orders of the Government. He has stated that I have done so, and so states now.

I have even lost some influence by the determined course I have pursued in his support, for he is extremely unpopular. I believe him, however, to be honest, and though too slow for transactions of this magnitude, I think he will be able to re-establish his credit after some months. At all events, he must have money in large quantities, or he can do nothing. I will in the meantime do all I can to support him, but again recommend that the staff officers be empowered also to buy with cotton, as one man cannot do so large a business, unless the Government bought all the cotton in Texas on its own account, which was the course I recommended to the Department as I was about to leave Richmond. It might, perhaps, be done hereafter, if our currency should grow better.

I am happy to say that I was enabled to place our relations with the Mexicans and their authorities on the best footing whilst on the Rio Grande, and have every reason to believe that they will remain so for some time to come.

There being apprehensions of yellow fever at Brownsville, and Banks’ invasion of Louisiana taking place whilst I was at Brownsville, I ordered, privately, all the troops excepting one regiment and a battery to march in this direction; since then, Banks has crossed the Mississippi, and a report has gained credence with Brigadier-General Bee that an expedition of 20,000 men is fitting out in New York for the Rio Grande.

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I have, therefore, ordered one of these regiments to take post at Navasota, to support Acting Brigadier-General Bankhead in Northern Texas, or to re-enforce Galveston or Niblett’s Bluff, and have stopped the rest at King’s ranch, a healthy position, convenient to the Rio Grande, to Corpus Christi, and by steamer to Matagorda, 40 miles from Columbia, from which there is arailroad to Houston.

I directed Brigadier-General Bee to pay $1,500 per year to two trustworthy and intelligent men, one of whom would live in New York and the other trade between New York and Matamoras, in order that positive information of any contemplated expedition against us on the Rio Grande may be made known with certainty and in due season; also t) obtain all other information which might be deemed of importance ; their salary to be $1,500 in gold. I hope this step will meet the approval of the War Department. If not, I should be glad to be informed as soon as possible, in order to stop the expense.

5. General Orders, No. 28, of 1863, from the Adjutant and Inspector General’s Office at Richmond.—I beg leave to ask the attention of the Secretary of War to the evils which have been produced in the medical corps by the publication of this order, as officially presented in a letter from Surg. J. H. Berrien, medical director, herewith inclosed.* It has also affected discipline injuriously, for many men who have not commissions from the President are ready to disobey orders and take the consequences, some of them preferring to be privates with pay than ofiicers without pay. I directed, in the case of the medical officers, that the medical director should contract with the surgeons and assistant surgeons at the same rates they were receiving as officers, until the question of commission and rank could be settled, but many of these officers refuse to enter into contract, and say they are out of service by virtue of this Order, No. 28, and their places cannot be supplied.

The sickly season is also approaching. I beg that these officers, of whom Surgeon Berrien reports that he has furnished a list at Richmond for appointment or commissions, may be commissioned, and that a board may be ordered to examine all medical officers or persons holding such positions, to ascertain their fitness for entering the service or for remaining in service or for promotion, whether they are invited or not, as the object here is paramount to have the services of medical men, and to ascertain if they are competent. I make these suggestions because I do not desire to report evils without suggesting some remedy, though there may be good reasons, not seen by me, but known to the War Department, for rejecting the course proposed by me.

6. The political state of the country is tranquil at present, though on my trip through Austin and San Antonio it was said by most persons that Chambers would be the next Governor, and that he and the Confederate authorities would be in opposition within a few weeks after his election. I regret deeply that the present Governor, Lubbock, will not again be a candidate. He is a single-hearted, upright patriot, devoted to the Administration as the embodiment of our cause and the best interests of our country. It is needless to say that, with sentiments so coincident with my own, our co-operation has been cordial in the extreme.

I have the honor to send copies of a correspondence with hifm on the subject of State militia.* I deem it essential that these troops should be organized and in some degree drilled now, in order that they may meet the invasion which should be expected in November next, if not before.

7. Conscripts.—I have done all in my power to send conscripts out of the State to their regiments in the field, but with little success. I found the system of detailing such conscripts as had teams to haul cotton for Government contractors in full operation, and I have not been able to get even an account of them.

The conscript service here is under the orders of the lieutenant-general commanding the department. I think it ought to be under those of the commanding officer of this district. It was so thought by Major [J. P.] Flewellyn, late superintendent of conscripts, and recommended, but nothing has been heard of it since. Major Flewellyn resigned, and there being no one to take his place, I assigned Col. John S. Ford to the position, being under the impression that he was a colonel in the Provisional Army. Ihave learned since that the Secretary of War has decided adversely to Colonel Ford’s claims to rank, and therefore he is out of service. This is only a rumor, however. Inthe meantime, I beg that Col. John S. Ford may be assigned to duty here as superintendent of conscripts, with such rank as the law allows the Exccutive to confer upon him.

I have the honor to be, very respectfully, your obedient servant,