180 Southern Historical Society Papers.
the tobacco in the Richmond warehouses by fire, for which com- bustible materials had beforehand been carefully prepared, was an unwise act of the Confederate Congress requiring commanders in the field to destroy such property upon the imminent danger of its falling into the hands of the enemy. As shown in my previous com- munication, above referred to, it was in obedience to that act that Gen- eral Lee issued orders under which the tobacco was burned, and the Confederate Congress was alone responsible for the fatal mistake.
Yours truly,
JOHN HOWARD.
In answer to a query in last week's paper, we would say that we are informed that the only person now living who had any official connection with the surrender of Richmond to the Federal authori- ties is Mr E. A. J. Clopton. Mr. Clopton was at one time a mem- ber of the City Council, and, we think, was present at the meeting of the Council when the surrender was arranged for.
As an interesting reminiscence of the surrender, we publish the following from a mass of legal documents bearing on the subject :
Affidavit of James A. Scott, as given in the Majority Opinion of the Court of Appeals of Virginia, in the Case of Vial, Executor, and Graeme 1 s Executor vs. the Mutual Assurance Society of Virginia.
STATE OF VIRGINIA City of Richmond, to-wit :
This day personally appeared before the undersigned, a notary public in and for the city aforesaid, James A. Scott, and deposed as follows : That for many years prior to the late war he was engaged in the tobacco business in the city of Richmond ; that during and at the close of the war he was interested in the ownership and control of a large amount of leaf tobacco, and that he had for a long while been a member of the City Council of Richmond ; that when it was understood, on Sunday, the 2d of April, 1865, the city was to be evacuated by the Confederate Government, upon the approach of the United States forces, he was appointed by the Council of the city one of a committee to meet the enemy and surrender the city; that sometime after midnight on the morning of the 3d of April, 1865, he, in company with other members of the committee, and with Judge John A. Meredith and Judge William H. Lyons, who had been requested by the Council to act with the committee, and
