GENERAL ORDERS, WAR DEPT., ADJT. GEN.'S OFFICE, By direction of the President of the United States, Maj. Gen. S. R. Curtis, U. S. Volunteers, is assigned to the command of the Department of Kansas, which will consist of the State of Kansas, the Territories of Nebraska and Colorado, and the Indian Territory, including the military post of Fort Smith; headquarters at Fort Leavenworth. By order of the Secretary of War: E. D. TOWNSEND, Assistant Adjutant-General. HEADQUARTERS DEPARTMENT OF THE GULF, Maj. Gen. H. W. HALLECK, General-in-Chief, U. S. Army, Washington, D. C. : GENERAL: By a gentleman just arrived from Matamoras, who is well acquainted with affairs in Mexico, I obtain the following information: A courier arrived at Matamoras from San Luis, on the 17th or 18th of December. He reports that the French were within 27 miles of San Luis and had undoubtedly occupied that city at the time of his arrival at Matamoras. Juarez had left San Luis for Matamoras, and it was believed would ask the protection of our Government at Brownsville. It was reported in Matamoras among the French partisans that 30,000 troops were to be sent out by France. A contest had arisen between the partisans of Governor Serna, who was placed in power by Cortina, and the late Governor Ruiz, the military governor of Tamaulipas, who was deposed by Cabos. Matamoras had been strongly fortified at all points with cotton bales, and waited for several days in expectation of an attack by the partisans of Ruiz, who were outside of the city. Some arrangement had been entered into, hostilities had been suspended, and it was believed that Serna would abandon the position of governor. The appeal to Juarez upon the subject of his recognition had resulted in a letter of advice rather than command, in which it was suggested that notwithstanding his election by the people, the disturbed condition of the country might make it inexpedient for him, either in consideration of private or public interests, to insist upon the maintenance of his power at this time. General Goicura has recently returned from Europe and expects to leave this city to join President Juarez, wherever he may be He informs me that there is little probability of re-enforcements being sent to Mexico from France; that the Mexican intervention is unpopular with the French people, and the opposition to the Emperor's administration in the Chamber of Deputies very powerful. He understands the rumor in regard to Juarez moving to Brownsville to ask protection of the Government of the United States to apply to the family of the President, and not to himself personally. Juarez has left San Luis, and his headquarters are not at present known. The dates from San Luis are to the 26th of November. I have the honor to be, with much respect, your obedient servant, [CONFIDENTIAL.] Maj. Gen. N. P. BANKS, HDQRS. THIRTEENTH ARMY CORPS, Commanding Department of the Gulf: I have a painful report to make to you, of an act of duty I have been compelled, however delicate, to perform. You will remember that when you left here you placed in my hands a communication, which I was to read and deliver to the U. S. consul at Matamoras, stating to the demand upon the Mexican authorities that the rebel cotton and other goods on their side, which were evidently for use against our Government, with which Mexico is on terms of intimacy, should be seized and delivered to us, or, at all events, that an embargo should be laid on its present removal, and a stop put to the unfriendly trade for the future. Since your departure the consul and myself have in conversation several times alluded to the entire silence of Governor Serna on that subject, and wondered at and were unable to account for it. I confess my suspicions were aroused that certain Mexican officials were maneuvering to convert the larger quantity of rebel cotton, in some way, to their own enrichment. This did not appear strange to me, but I never imagined that in my own camp I was cursed with the presence of officials, both civil and military, who could be so base and treasonable as to enter into collusion with such people in wholesale robbery and plunder. I have been aroused to the truth of this, but have been shocked by the discovery that, to accomplish their ends, they were not unwilling to bargain for the sale of human life and blood, to the great dishonor of the flag which has never failed to give protection to honest and unfortunate political refugees. About two weeks ago, whilst in consultation with the consul during a call he made at my quarters, the subject of the cotton and of the rendition of criminals and contraband property, &c., was again alluded to, and among other matters that certain civico-military officers from this place were attempting some secret business with Governor Serna, and that some of them were closely closeted with him daily, and frequently during the day; that he suspected some filibustering, and that, if I thought it advisable, he could, without great trouble, ascertain fully what plans were being concocted, in order that he might inform me, and, if necessary, put me on my guard. I requested that he would do as he proposed, and I did not see him for ten days. On the 29th ultimo he called again, and informed me that he had fully discovered the work which was being attempted, and made me a verbal report, the substance of which was to this effect: Captain Herbert, assistant adjutant-general to Brigadier-General Hamilton, military governor of Texas, after very frequent interviews with the de facto governor in Matamoras, had approached him (the consul) with the direct proposition to take part and interest in their plans and operations. The consul did not absolutely refuse, and the plans were disclosed by Herbert. He had agreed to manage so that a number of the political refugees, now residing here, friends of General Ruiz and President Juarez, of the Crinoline party, should be delivered into the hands of Serna. A requisition had formerly been made upon General Hamilton for some of these men and was y him referred to me, and I declined to act on it. A new set of papers was to be tried and a direct requisition upon me for the delivery of the men. On my refusing to comply with the demand, Captain Herbert, in the name of General Hamilton, was to attempt to make a sort of arrest by some newly appointed civil authority, but it was still feared that I might interfere with that, and in that event, as a last resort, an attempt was to be made to kidnap them. . Governor Serna, by proclamation, under the pretext that the rebels were in friendly communication with the French and were thereby enemies of Mexico, was to seize all Confederate cotton and other property, have it condemned and sold, and the proceeds (a very great sum) was to be divided into four shares, one for Serna, one for the consul, one for Herbert, and the other for a man by the name of Turner, a lawyer, who came down here with General Hamilton and Mr. Brackenridge, and who is now, in the absence of Mr. Brackenridge, attending to the duties of the Treasury Department. You are aware that both General Hamilton and Mr. Brackenridge are and have for two weeks past been absent. Herbert stated that Turner had been his adviser in the business, and had prepared the proper papers, and that Serna had translated them into Spanish; further, that Turner would, after the transaction had been completed, immediately carry the proceeds of the American side of the speculation to New York. I immediately made proper arrangements to prevent kidnaping and to watch proceedings, determined that I would not make arrests so long as there was opportunity to get further evidence; but the sudden advance of Ruiz, almost to the suburbs of Matamoras, has almost taken away from Serna the power to act further in the matter, and I accordingly gave orders after dark last night to arrest Captain Herbert, and he is now a prisoner, closely confined to his own room. I have ordered the assistant inspector-general of the corps to examine his papers and prepare charges, and shall order a court for his trial at the earliest day I can, probably about the 5th or 6th instant. I have the honor to remain, with high respect, ADDENDA. GENERAL COURT-MARTIAL WAR DEPT., ADJT. GEN.'S OFFICE, I. In the case of Capt. J. K. Herbert, assistant adjutant-general of volunteers, tried by a general court-martial, convened by MajorGeneral Dana at Brownsville, Tex., in January, 1864, upon a charge of conduct unbecoming an officer and a gentleman," proceedings promulgated in General Orders, No. 29, of February 24, 1864, headquarters Department of the Gulf, the proceedings are, by law, void and inoperative, the commanding general who convened the court being also the "accuser" in the case. The specific offense, as set forth in the specification of which Captain Herbert was found guilty, was this: "That he proposed to certain parties in Mexico to enter into an arrangement and agreement with them to the effect that two certain men, refugees from Mexico, and then residing in Brownsville, Tex., should be enticed and inveigled, or seized and conveyed from Brownsville to Matamoras, and there delivered to the Mexican authorities; and, further, that he (Herbert) did at the same time offer and propose to pay, and cause to be paid, to one of the parties, if the party would aid him in enticing or seizing and conveying the men, as aforesaid, a certain portion of the sales and proceeds of a large amount of cotton then in Tamaulipas, the property of citizens of the so-called Confederate States of America, which cotton would be seized and confiscated by the Mexican authorities, and the proceeds divided between Captain Herbert and the parties in question." The offense of which Captain Herbert was found guilty is of so grave a nature that it cannot be allowed to pass unrebuked; it is therefore ordered that Captain Herbert be, and he is hereby, reprimanded upon the case herein shown, and all officers are admonished against similar acts. II. Captain Herbert will report in person without delay to Maj. Gen. B. F. Butler, commanding Department of Virginia and North Carolina. By order of the President of the United States: E. D. TOWNSEND, Assistant Adjutant-General. WASHINGTON, D. C., January 2, 1864. Maj. Gen. J. M. SCHOFIELD, Saint Louis, Mo. : General Orders, No. 1, January 1, 1864, assigns Major-General Curtis to the command of the Department of Kansas, which will consist of the State of Kansas, the Territories of Nebraska and Colorado, and the Indian Territory, including the military post of Fort Smith; headquarters at Fort Leavenworth. Acknowledge receipt. E. D. TOWNSEND, Assistant Adjutant-General. Maj. O. D. GREENE, NEW YORK, January 2, 1864. Assistant Adjutant-General, Saint Louis, Mo.: Order McNeil to Saint Louis, and Carr or other officer, to be selected by General Steele, to relieve him at Fort Smith, as you suggest. The President's proclamation indicates the terms upon which rebels can return to their allegiance. I start for Washington to-morrow. Maj. O. D. GREENE, J. M. SCHOFIELD, KANSAS CITY, Mo., January 2, 1864. Assistant Adjutant-General, Saint Louis, Mo.: Tenth [Kansas] Regiment left this morning; eight companies from here and two from Fort Scott. Delayed two days by muster and intense cold weather. THOS. EWING, JR., POST NEOSHO, Mo., January 2, 1864. General SANBORN, Commanding Southwest District of Missouri: SIR: In compliance with Special Orders, No. 153, headquarters Sixth Cavalry, Missouri State Militia, Springfield, Mo., I assumed command of Companies G and H, Sixth Regiment Cavalry, Missouri State Militia, on the evening of 25th December, 1863, and proceeded to Neosho as per order. I arrived on the evening of the 27th, and found all quiet. The forces stationed at this post, together with 100 of the Seventh Provisional Militia, Colonel Allen in command, came in a short time after my arrival and reported Stand Watie's forces all gone south, but, as the colonel had not penetrated far enough south to verify these reports, I ordered Lieutenant Allison, of Company L, and Lieutenant Goucher to take 36 men of the Sixth and Eighth Cavalry, Missouri State Militia, with four days' rations, and make a thorough reconnaissance of Maysville and vicinity, and ascertain if possible the true locality of the rebel chief. The scout returned on yesterday evening, and Lieutenant Allison submitted the following report: Col. Stand Watie had been in the vicinity of Maysville with a force of about 200 or 300 men. He left Cowskin Sunday, December 27, 1863; moved in a southeastern direction, and took with him about 100 rebel families, which seemed to be the object of his expedition. That region is nearly depopulated and destitute of forage. I am, sir, very respectfully, your obedient servant, WILLIAM PLUMB, Major. HDQRS. DIST. OF MINN., DEPT. OF THE NORTHWEST, Maj. J. F. MELINE, In Acting Assistant Adjutant-General, Milwaukee: MAJOR: Your dispatch of the 29th ultimo, relative to the action taken at department headquarters with reference to the three companies of Sixth Minnesota Volunteers, composing escort to Indian Department train to the Missouri Reservation, has been received. consequence of the information therein contained and the statements of returning teamsters that the troops would be retained on the Missouri during the winter, I issued orders countermanding previous instructions given to the commanding officer of the Second Sub-district to send out a train with rations and forage to meet the returning expedition. Since then apparently reliable intelligence from Mankato indicates that the companies of the escort are on their return march and were expected to reach Fairmont by 30th ultimo. These conflicting statements occasion me much perplexity, especially as the snow is quite deep and the weather for the past three days has been excessively severe. I sincerely hope that none of my command have been on the march during this inclement period. Very respectfully, your obedient servant, H. H. SIBLEY, Brigadier-General, Commanding. OFFICE CHIEF QUARTERMASTER, DEPT. OF the Gulf, Brig. Gen. C. P. STONE, GENERAL: The Cahawba has been sent to Texas. It is against my judgment, considering everything bearing on the subject. First. Because the Cahawba, Continental, McClellan, and Thomas A. Scott are assigned to the line between New York City and New Orleans, |