| Hd Qrs Dept. Trans Mississippi |
| Shreveport La Jan 15th 1864 |
| |
| Mr. Jas. C. French |
| Prest S. A. & M. G. R. R.
{San Antonio & Mexican Gulf RR} |
| San Antonio Texas |
| |
| Sir, |
| The Lieut Genl Comdg directs
me to acknowledge the receipt of your communication of Dec 26th in
relation to the destruction of the Rail Road, between Victoria and Pt
Lavaca Texas, and in reply to state that he has enclosed your
communication to Maj Genl Magruder with the following endorsement. |
| "Respectfully referred to Maj
Genl Magruder for his information. The Act of Congress approved Mar 17th
1863 constitutes the military commander of the District of Texas &c &c
the sole judgment of the necessity for the destruction of any property
which may aid the enemy in the prosecution of the War &c &c within which
class of property this R Road is undoubtedly embraced. In exercising
this power care should be observed to remove every part of such property
that would be useful to us and which can be removed beyond the reach of
the enemy. |
| By command of |
| Lt Genl E Kirby Smith |
| C. S. West, Capt & AAG |
| We regret the necessity
apparent or real, for the destruction of a work public in its character,
and calculated to be immensely useful to us, as this R Road, yet he
cannot take upon himself to say that the destruction is wanton or
unnecessary. Genl. Magruder is the immediate commander, and most be
supposed to be the best judge of the necessity and to his judgment the
Act of Congress leaves the whole matter. It is to be hoped that no
collision will occur between the civil & military authority growing out
of the injunction granted by Judge Holt. He perhaps was not aware at the
time of the application for the writ of the Act of Congress on the
subject, clothing the military with a power so ample over this subject. |
| I am very respectfully |
| Your obt servt |
| C. S. West |
| Capt & A. A. G. |