Annotation
[1] ADfS, DLC-RTL; LS, RPB. Major General Curtis, who had been placed in command of the Department of the Missouri on September 19, 1862, telegraphed a brief acknowledgment at 12:30 P.M., ``Dispatch rec'd. Proceedings suspended.'' (DLC-RTL). On December 12 he replied at length as follows:
``Your telegraphic dispatch of the 10th inst. suspending proceedings in the order made by General Schofield for collecting half a million from Secessionists and southern sympathizers, . . . was duly received, and proceedings immediately suspended. . . . I had supposed and so held, that Gen. Schofield issued the order in his capacity of Brigadier General of Enrolled Missouri Militia, and I only stood ready to support the State in the execution of her affairs. But the Governor and Genl. Schofield send me papers . . . which try to place the United States in the front rank. Before taking that place myself, I had referred the matters to my Commanding General, presenting some legal doubts such as these:---
``1st. The words defining the persons to be assessed . . . are too indefinite.
``2d. . . . Is it competent for the United States to make assessments for State purposes, and if we do it for one State, will we not open a wide door. . . .
``3d. If there was a military necessity . . . which would justify an assessment, as a military duty, I cannot say it now exists. . . .
``4th. If it is a tax, it conflicts with the Constitution of the United States. . . .
``5th. It conflicts with the direct tax prescribed by the revenue laws of Congress. . . .
``6th. It conflicts with the Confiscation act . . . by taking for State purposes, that which should be confiscated for the United States.
``In my judgement, some of these objections are insurmountable. Besides, I consider the sum exorbitant for one County. . . .
``To `suspend' is better than to relinquish or annul, as it acts as a restraint on disloyal persons who fear its execution. Let the matter rest till the rebels all come in and swear their fidelity to our cause. . . .'' (DLC-RTL).