The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918 Page: 290
434 p. ; 23 cm.View a full description of this periodical.
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The Southwestern Historical Quarterly
with respect to the most delicate problems which confronted Gen-
eral Smith. But they must have found it difficult to know what
to say. This vast Trans-Mississippi department, comprising prac-
tically half of the country, was cut off from its government and
its chief source of military supplies. It was impossible for the
civil officers of the general government at Richmond to continue
to direct affairs in that remote region; but there seemed to be no
constitutional way by which important political functions could
be entrusted to a military officer, even though the logic of the
situation required that he who was responsible for the well being
of the department should have all powers necessary to maintain
and defend it. Moreover, Congress was not in session, and there
was no way of determining to what extent that body would support
the delegation of special civil powers to a military chieftain. To
do all that the situation seemed to demand even with the support
or the express authority of Congress, might easily arouse anew
the opposition of that troublesome faction who insisted upon a
strict adherence to the constitution regardless of other consider-
ations. The consequences were problematical, especially since
there was believed to be an element in the Trans-Mississippi De-
partment which was clamorous for separation from the Confed-
eracy.15 It was probably considered unwise either to bind General
Smith with precise instructions or to confer upon him unreservedly
authority over civil affairs-if, in fact, so much thought was given
the matter. If his powers were vaguely defined there was less
likelihood that he would be charged with exceeding them. If he
was to fulfill the expectations of the government in making it
self-sustaining, it would be impossible to confine his powers within
the narrow limits of the law. It is said that the President once
told General Smith's aide, Major Cucullu, whom the general had
sent to him for instructions, that he did not dare to put on paper
the powers which the general must exercise, because they were so
great." This statement, if accurate, indicates that Davis, who
always sought to avoid the appearance of departing from constitu-
tional methods, was inclined to wink at the assumption of powers
which he was unwilling expressly to authorize Smith to assume.
"Davis to Johnson, July 14, 1863. Off. Recs., LIII, 879.
'0Maj.or Cucullu made this statement to Dr. Chas. W. Ramsdell of the
University of Texas di December, 1913, in New Orleans.290
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 21, July 1917 - April, 1918, periodical, 1918; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101073/m1/296/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.