Biv 27 1835 to Jan 13 1835 - PTR, Vol. 3

Papers of the Texas Revolution, Vol. 3

The Papers of the TEXAS REVOLUTION 1835-1836

John H. Jenkins general editor

Volume 3

Presidial Press Brig. Gen. Jay A. Matthews Publisher Austin 1973

Editorial Advisory Board

Maj. Gen. Thomas S. Bishop Dr. Donnan H. WinfTey Dr. Malcolm D. McLean

Dr. Robert Cotner Dr. James M. Day Robert Weddle Charles Corkran Richard Santos John Kinney

The interest and assistance of the National Guard Association of Texas in the publication of these works is gratefully acknowledged.

(1308] [BURLESON lo GOVERNMENT]

Head Quarters Volunteer Army of Texas 27th Novr 1835 ,, To The Provisional Govt. I have the honor of communicating lo you the particulars of an action which look place yesterday between the Mexicans and a portion of this Army-Early yesterday morning I dispatched some spies to reconnorler west of Bexar lo ascertain whether a convoy which was expected by the Mexicans was advancing or not....:about ten O'clock Mr. Smith one of the spies returned to Camp in great haste stating that a convoy of about one hundred & fifty men were approaching Town and about five miles distant.-1 immediately ordered out from thirty five to forty cavalry under command of the Adjutant & Inspector General James Bowie and Col Wm H Jack with about one hundred Infantry. I moved on soon after with a few '!!._Cn mount<:!d ~n horseback & joined the lnfantry.-We marched on west of Town the Infantry ,yadi11g a creek .on the march.-Col Bowie who was some distance in advance came up with the grass party which had been mistaken by our spies for the convoy as they were_ crossing the dry bed of a creek charged upon them and commenced the action of the bank; after lwo or three fires Col Bowie threw his men under cover of the creek & kept up the fight.-The enimy charged him with over three times his number but were immediately repulsed with considerable loss, about this time a considerable reinforcement came up; the main body of our force al the fireing between Col Bowie & the Enimy came up very briskly and came in contact with the reinforcement and a very warm engagement look place between the main body of our army and the reinforcement during the action it was ascertained that a party of Mexicans consisting of forty or fifty were firing on a party with Col Johnson from under cover; Col Rusk discovering them called out for a party to charge on them and rout them, he made the charge with about fifteen men & routed Llwm from their cover. The main force of our army then r<'inforced by Col Bowie and his party charged the Enimy m~d drove them back ~,bout thn'(~hundred yards towards Town-during this time the enimys rcinforecrnent::;

were constantly arriving from town, They brought up a cannon and fired upon our force at a distance not exceeding one hundred & forty to one hundred· & fifty yards, we still maintained our ground.-They again retreated with their cannon & about fifty yards & fired & then retreated within cannon shot of town & gave us a third fire-Our force then took a position in the heel of a creek & formed to continue the engagement; the enimy however retreated into_Town.-Co\ Sublett the Assistant Adjutant general acted with great bravery & coolness cnc:ourageing the men al evry point of the general engagement Cols Jack & Lieut Col Somerville, Capt~ Swisher, Yprk, Ally, Col_eman, ~plane, ~radley & Lieut Roberts & 'fear onhc Infantry were engaged in the action; and in relation to the conduct of officers and men, I have but one remark & that is, that none could have fought more bravely-The loss of the enimy must have been very considerable, fifteen were found dead on the field & seven wounded they were seen carrying off several during the engagement-many more must have been killed & wounded, the ground on which the battle was fought was so extensive that it was not particularly examined, Col Bowie who commenced the action is of opinion that the loss of the enimy is exceeding sixty men- Our loss is one man missing & four wounded .(non dangerous) Adjutant Brister of the New Orleans Greys sustained his post during the action with bravery that reflects much credit on himself & the gallent corps witi1 which he marched to our •· assistance- During the engagement a heavy commonading was kept up between the Alimo & our encampment Edward Burleson Commander in Chief of the Vollenteer army Wm T Austin Aid de Camp P.S. Enclosed I send you the report of Col Wm H Jack on the subject of the above named battle Edward Burleson Commander in Chief of the Vollenteer army Wm T Austin Aid de Camp

(13091 [JACK lo BURLESON]

Camp Above Bexar 27th Novr. 1835

To Edwd Burlison Commr in chief of the Volunteer army of Texas Sir

I have the honor lo report that in pursuance of your order on Yesterday I look up the line of march with_ detachments of Infantry from different companies amounting in ·1.he aggregate to about one hundred men for the purpose of intercepting the expected convoy. We proceeded al a brisk trot lo the creek which though cold wide and deep was forded by the men with the greatest cheerfulness- Shortly after crossing one of my scouts reported that there was firing ahead, between our cavalry under command of Colo Bowie, and a party of the enemy- Our march was continued in double quick lime for about half an hour when we arrived near the scene of action we were advancing in tolerably good order and in double file when we were saluted from the distance of forty Lo Sixty Yards by a tremendous discharge of musketry along our whole line from an unexpected and undiscovered foe- 1 t was Immediately ascertained that the enemy was concealed in a ditch and completely hidden by the thick Muskeel Bushes, a second and third heavy fire was received and returned when the order for a charge was given by the assistant adjutant General (Colo Sublett) which was excuted with promptness alacrity and determined courage- The first division flanked Lo the right and the second lo the left and in a few moments the ditch and field were cleared of every Mexican except their dead & Wounded. The firing still continued along the line with very considerable warmth until the enemy after three discharges from their cannon with grape and canister, retired under the protection of their Balleries in town leaving us in quiet possession of the field Il would be unjust to particularize as lo the conduct of the officers and men under my command on this occasion. Suffice it lo say that each man so far as my observation extended did what Texas expected of him The only cause of complaint aro~e from their impeluosily-

l\'ly feelings however will not permit me to close without noticing the gallant conduct of the aged Veteran Capt J as Burlison He flew from one end of the field lo the other constantly urging us on lo the conflict and contributed in a most eminent manner to the successful result which followed. The loss of the Infantry is one man missing and three very slightly wounded The foregoing is conceived to be a sufficient report in asmuch as you were present al every point of the scene of action performing alike the duties of a General and a soldier

I have the honor lo be your obl Servt Wm H Jack (1310]

[COS to TORNEL]

E.S.

Desde el 16. del que acaba hada de particular habia ocurrido ecepto algunos pequenos tireteos en que ninguna perdida habia tenido hasta ayer que los sublevados en numeros de tres a cuatro cientos hombres atacaron a 50. Dragones que regresavan del forrage, cuya partida a pesar de su escaco numero, se sostuho a hasta la llegada de 50. infantes que con una pieza mande en su socorro y a los cuales no resistieron y se retiraron a su compo, muy distante del lugar en que se comenso el tiroteo de que han resultaclo un foicial herido 3. Soldados muertos, 13. heridos, 39. caballos perdidos con sus monturasm una mula, tres ~arabinas, un sable y dos fuciles. La perdida del enemigo la ignoro; pero si dire a V. E. que no habiendo observado la saldia de la pieza esta les descargo algunos tiros de metralla a muy corta destlancia, de donde se puede inferir el estrago queen los pelotones que ellos formaba11, vevio causarles Tambinn dire a V. E. que hace algunos dias han situado frente de la fortificacion del Alamo un espaldon en q. colocan sus piezas para batir la tropa q. lo guarnece mas hasta esta fecha no han causado dano alguno a mis Soldados. Sirvase V. E. ponerlo todo en noticia del E. S. Precedte. de la Repubca. y admitir las protestas q. le reitero de mi particular concideracion y respeto. Dios y Libd Bejar Nove. 27. de 1835 Mtin. Perfto. de Cos E. S. Minislro de la Guerra y Marina

I l l !

[13111 [MEIGS to AUSTIN]

New York, Nov. 27 1835

Dear Sir.

I have not received from you any Letter of a later date than

the 6 Oct.

I wrote to you in answer to that Letter-communicating the contents of the secretary of State's letter relative to the Indians- (towit). "That the Governt of the U. States had ordered the Indians not to take part in the War between Mexico and Texas, on pain of Our resentment etc" Public sentiment is doing for your Cause all that can be done. In a few months you will be overrun with friends- I was much pleased to receive yesterday the first Number of the San Felipe de Austin telegraph- Boys seldom read before they run- Your youthful Texas, the New come and welcome fair Republic-now reads and will have a glorious and happy run. I inclose a $5. Bank Note for the paper. I am proud to be one of its first subscribers this paper may easily do more for your cause, than a park o Artillery May God prosper your cause . H. Meig~ Sent the $5 note mentioned within to Messrs Baker and Bordens by letter Jany·10th 1836

James F. Perry

General Stephen F Austin.

(13121 [NACOGDOCHES RESOLUTIONS]

At A Respectable public Meeting of the Citizens of Nacogdoches Convened for the purpose of Taking into consideration the 14th Article of the Resolutions of the members of the convention of all Texas Assembled so far as it relates to the suspension of all Land Locations and the suspension of the commissioners and other public Officers &c. Resolved that Coln Hayden Edwards act as Chairman of this meeting, which was unanimously adopted-It was also moved and seconded that W. K. English act as sey. of this meeting which

wa8 unanimously adopted-On motion of Mr. J. K. Allen and seconded that sundry Resolutions from Col. W. G. Logan Be severally Read and Received as an E.xpression of the Opinion of this meeting which were severally Read and unanimosly adopted- The Resolutions of the Meeting Whereas the Consultation of Texas Under the 14 Article of their resolutions for the organization of the provincional Govt. did Apoinl three Commissioners lo Lake Charge of the documents in the various Land Offices in this municipality and Receipt lo the comisioners Under whose charge the said documents now are for the same and as only One of the Said Three comisioners has appeared To execute said Resolution of the Convention-Be it Resolved Thal in the Opinion of this meeting the Land Commissioners are not authorised By the said Resolutions to Take the receipt of Less than the whole number of the Three Commissioners Appointed. Resolved That as Required by said 14th Article of the resolutions of said Consultation all Surveyors Commissioners and persons lnlerested have ceased to make further locations of Land in this department. And as said Resolutions require no further Suspension On the part of the Land Comisioners-Until Applied to by the three Commissioners Appointed under Said 14th Article-That the Land commissioners Be requested Lo proceed with their unfinished business until further advised By said Constitution Resolved. That in the opinion of this meeting there is nothing in the said 14th Article of the said Resolutions of the Consultalion Requiring the primary Judges or Alcald~rs of this · department lo cease discharging the usual functions of their offices-And that they be requested by this meeting to Proceed as usual until further advised by the Consultation- Resolved That in the Opinion of this meeting the Commissioners Appointed Under the said 14th Article of the Resolutions of the Consultation hs.ve no authority from Said Resolutions lo demand or lake Charge of the archives of the Political Chief of this department. And in asmuch as the Consultation has not informed the said Political Chief how his archieves arc Lo b1! Lransmill1~cl lo the Governor & Council that he he requested to hold them under his Charges until Further advised by the Said Council.-

I i I i ! " '

Resolved. That This meeting Appoint suitable persons to proceed to the Council of Texas with a Copy of The Said 14th ordinance and Instructions to said Three Comissions and Explain To Said Council our understanding of them anc!_ the reasons for the present advice lo the officers of our Municipality and Lo request of said Council In order to preserve the peace and union of all Texas Lhal no allempl be made to Remove the public Archives of any of the officers of the department to another at this Critical Moment. When any division among Ourselves Might prove dangerous to the Common Cause As the Only wish of this Meeting is to Harmonize all parts of Texas and that the Interests of our Citizens should be protected Resolved Thal the Chairman of this Meeting and W. G. Logan J 1-1 Raguel Be a Comitte to Select suitable persons lo proceed to lay these resoltuions and the wishes of this comunity before the Govenor & council Resolved. That this Meeting Adjour- a true copy from the minutes

Haden Edwards Chmn.

Nacogdoches Texas Novr. 27th 1835

The understanding of this meetingin relation lo the above, resolutions is founded upon the 14th Article of the ordinances alone, No other having been published'as yet lo this community A copy from the minutes signed W K English Secy Haden Edwards Chmn. (13131 [PERRY et al to PROVISIONAL GOVERNMENT]

To the Provisional Government of Texas

The undersigned petitioners would respectfully represent to you that the sea coast of Texas is in a totally defenceless and unprotected slate and the commerce of the country, as well as the lives and property of the people upon the sea coast is at the mercy of the enemy. To remedy this evil we would suggest to you the '" expediency of building forts al the east end of Galveston Island, al ~ the mouth of the Brazos, and at the entrance of Matagorda ~ 1 tff) 11

Bay-of sufficient extent to protect these respective inlets with adequate garri::ons. And to provide a naval force able to capture the enemy'$ crui$ers-or drive them off the coast. To provide means Lo accomplish these ends, we would recommend the establishment of ports of entry and the appointment of custom-house officers and that du ties to the amount of twenty per cent, be collected upon all articles imported into ·the country-with the exception of arms and amunition, bagging and bale rope and the furniture and effects of emigrant families-not intended for sale James F. Perry

Henry Austin James Knigh l R. Mills & Co John Sharp Theodore Bennet A. Brigham John Dinsmore

. ( I

The objects herein mentioned are doubtless all imporlanl-Ilut it seems to me that Len per cent on all articles imported (which shall not be exc~pted from duty) will be full and ample, to answer the proposed object. · Robert Eden Handy San Felipe de Austin Nov. 28th 1835 Mr. Thos. Gay will appropriate one Hundred and sixty dollars_ for the purchase of a Horse Lo carry an express to San Antonio de Bexar out of the monies recd. of the Treasurer of the provisi~nal government of Texas, ordinance passed by the Genl Council Nov. 27th 1835.

I I i l ! i I

I l I

Henry Millard Chairman of Committee on Finance

i I

[1314] [RIPLEY to RIPLEY]

Velasco. Mouth of the River Rrasos 27 Nov 1835

Dear Father,

I arrived here a few days ago came out in the Julius Caesar in company with 12 Young (respectable) men as Volunteers. We arrived here in three days from the City- but narrowly escaped shipwreck on the Bar which is formed by the meeting of the Southeast trade winds and the River itself. We was on the Bar thinking about for ten hours, and they seemed long I assure You the waves broke over the deack and we were completely drenched. However we got off by means of a Steam Boat owned here. It is 4. Miles from the Mouth of the River to Brasoria. The Steam Boat towed us up to that place the same night. You can not describe with what pleasure and allention we were hailed every thing ,,·as offered us. Blankets, dinners and every thing possible. Great enthusiasm prevails here, we were carried up and down the River free of expense and we are going over to Mata Gorda tomorrow in a schooner which has been offered us. The agent of the People has dignified our corps by ordering us lo transport provisions and clothing to the army, and if some Guns have not already gone from that place to transport them also, we are all very anxious lo be al San Antonio before it, taking which will be sure to be done when the Cannon arrive. I hope You and Ma stood Your Journey well and arrived safe and sound. Please direct Your letters to San Felipe, Head Quarters of the Army.

I remain Your affect. Son H. D. Ripley

[Addressed:] Gen. E.W. Ripley, M.C. Washington City, D.C. Care of James W. Breedlove Collector New Orleans

[1315] [SMITH to COUNCIL)

£xeculive Department of Texas.

To the Honorable, the Pn:sidcnl, and Members of the Legislalivt~ Council:

Gentlemen-I haw had under consideration Lhe following

ordinances passed hy your body, viz:

t-- . ; I

'·An ordinance for granting letters of marque and reprisal.

'A decree for establishing a Navy.

"An ordinance regulating the Militia." The ordinance appointing Thomas F. M'Kinney for the purposes therein named, which has been passed by a constitutional majority, has now received my signature, as well, also, as the one appropriating money for the use of the army, &c., all of which I herewith transmit. I transmil also for the information of your body a commuoication, received by express, from head-quarters, which you will use as circumstances may direct. With sentiments &c., &c.,

Your obedient servant, Henry Smith, Governor.

November, 27th 1835.

(1316]

[TEAL AND ROBERTS RECEIPT)

At Sixtey Days after date we Jointly or severally promise to pay to the provisional or State Government of Texas the sum of Ten Dollars being the amt purchased by me at the publick sale of this Day. Camp near Bejar Nov. 27 1835 SIO. Henry Teal J. Roberts

. '

I . I

! 1 ' . ! .

(1317] [GAY lo FLETCHER]

[Thomas Gay, San Felipe, lo Joshua Fletcher, Treasurer of the Provisional Government, November 28, 1835, acknowledging receipt of Sl660.00 lo he used "for the benefit of the volunteer army of the people." I

l I

►

I j j

[13181 [GOODRICH to HOUSTON]

Washington Novr. 28th. 1835

Dear Sir

Perceiving by the proceedings of the Convention of Texas, that you have been appointed Commander in chief of the armies that may be raised in Texas, for the purpose of carrying on war against Mexico should we be assailed by that Nation, I beg leave lo inform you that I am an applicant for any office that may be at your discretion to bestow, your acquaintance with my family, I hope, is a sufficient guarantee that I would prove worthy of and faithful lo the lrusl that may be reposed in me; some attention and kindness shown to me, in my early exertions to acquire a standing in the community, would be of great importance to myself, and acknowledged with a heart that would ever be warm with gratitude, and duly appreciated by my Mother and friends in Tennessee. I have left my own dear, native land, my relations and friends, the companions of my early years, and every thing that I held dear and valuable, with a view lo come to Texas lo seek an establishment and a home for myself; and since the Republican institutions of Mexico have been thrown down and trampled under foot, by San Ana and his fawning minions of power, and now that they evince a determination to assail Texas with an invading army, lo crush our liberties and to subjugate us to chains and slavery, or to expel us from the country, I feel a great desire to render some services to the country of my adoption in her struggle for freedom, and would be happy if I could go in the field in any other attitude than a common soldier. · Your immediate attention lo this communication will be thankfully received

Your frie~d sincerely John'C. Goodrich

Gen) Houston

[13191 [MILLARD to GAY]

San felepe de Austin Nov 28th 1835 Mr. Thos. Gay will appropriate one Hundred and sixty dollars for the purchase of a Horse to carry and Express lo San Antonio de Bexar out of the monies recd. of the Treasurer of the

provisional Government of Texas, by .an ordinance passed by the Genl Council Nov 27th 1835 Henry Millard Chairman of committee on finance [1320) [RICHARDSON to HOUSTON]

Nacojcloches Nov. 28. 1835

Genl. Houston Dr Sir

By reference to the organization of the U. S. army I perceive that the duty of supplying the army with medical stores is confeded, to an Apothecary General, would it not be well to have one appointed forthwith, to proceed immediately to New Orleans, where he would receive his instructions from the Surgeon General? I would suggest the appointment of Doct. Stuart of San Felipe to that office. If however you know any one better qualified in your judgment to discharge its duties, please present his claims to the Governor & Council, upon the organization of the medical department generally I refer you to the accompanying books, under that head. Doct. Everett is here, for the purpose of executing the orders of the convention in relation to the land offices. I am very apprehensive that considerable excitement will result from this movement. This is the most absorbing topic, which, at present occupies the public mind. We shall leave in a few days for New-Orleans, I was in hopes to have seen you before I left.

Very respectfully W. Richardson

Genl. Sarni. Houston Command. in chief of the forces of Texas

[ 1321 l [SMITH to COUNCIL]

Executive Department of Texas.

To the Honorable, the President, and Members of the Legislative Council:

Gentlemen-I herewith transmit for your consideration and inspection, such communications as have come to my hands, as the Executive. The one from Gonzales will claim your immediate and prompt allenlion, as the bearer will probably leave in the morning. The nature of the communication and the requisite attention should be prompl. With sentiments, &c., &c.,

Your obedient servant, Henry Smith, Governor.

San Felipe, November 28th, 1835.

(1322] [SMITH to COUNCIL]

Executive Department of Texas,

To the Honorable, the President, and Members of the Legislative Council:

Gentlemen-I lransmil lo your body the following bills,

which have received my approval and signature, viz:

One appointing a Commissary lo lake charge of volunteers,

&c.

An ordinance lo purchase munitions of war, provisions,

arms, &c.

One for the purchase of provisions, &c., for the use of the army. As well as a supplemental decree for the purpose thereir named. I also transmit lo your body a teller from Major B. F Smith, which you may use as you may deem it properly merits. I also take the opportunity lo inform your body Lhal Mr. Gail Borden, jr., recently commissioned as Second Judge for the Jurisdiction of Austin,_has this day tendered his resignation, for

reasons plausible and substantial, you will therefore proceed to fill the vacancy, as the firsl Judge is absent. With sentiments, &c. &c.

Your obedient servant, Henry Smith, Governor.

San Felipe, November 28th, 1835.

[1323] lWHARTONtoARCHER]

San Felipe, Nov. 28, 1835.

To B. T. Archer, Esq. Dear Sir:-

In answer to your letter announcing my election by the Consultation and Commissioner to the United States, I have to say that I am compelled to decline the appointment from a belief that under present circumstances, I would be of no essential service to the country in that capacity. The declaration of the Consultation and the attitude assumed by it, appear to me to be too indefinite to induce foreign governments or capitalists to lend us aid, either· of a pecuniary or other nature. Understand me, I do not blame the consultation for their declaration. They were not empowered- it was not in the contemplation of those who elected them to make any other. It was generally tho't, & I then thought it a matter of policy so to declare. It was thought that a declaration for the constitution would neutralize, or enlist the sympathies and assistance of the Federal party of the interior in our favor, and also that under such declaration we could obtain the requisite loans, &c. from the capitalists of the United States. Since then from some intercepted letters of Santa Ana, and others, to General Cos, promising reinforcements of from 5 to 10,000 soldiers, and from the general tone of the papers of the interior I have been forced to conclude that both parties of the interior will unite against us, whatever be our declaration; believing or pretending to believe in an attack upon the integrity of the Republic; and moreover from the papers of the United Slates and my own correspondence, I believe Lhal under any declaration short of absolute independence, we will receive no efficient or permanent aid or pecuniary assistance from the United Slates; they believing

it an internal domestic quarrel about which they can feel but little interest. So that situated as we are, we encounter all evils of a declaration of independence without realizing one 50th of the advantages of such declaration. Again, many honestly differ in regard to the powers of the late consultation. Some believe them to have been purely recommendatory. Others say that not one 5th of the people voled for representatives, not anticipating the present crisis; and various others find various other objections. We know mankind well enough to know that every cavil objection and cause of excitement will be greedily embraced, magnified and circulated for the purpose of poisoning and prejudicing the public minds, which would be a result that could not be too much avoided and deprecated in our infant and unorganized condition. Those of course acting with authority from a body of doubtful powers would necessarily have a delicate and difficult task lo perform. We truly, do as we will, "walk upon ashes ua1derlaid with living fire." In order to obviate these evils and give universal satisfaction, I would respectfully suggest, that the present provisional government continue to exercise its functions, giving to the army now in the field, and the regular army to be raised, the speediest and most efficient aid, and that the Governor immediately order an election throughout Texas on the 1st of January, for members lo a Convention, to meet on the 15th of the same month. Let it be fully announced, that this Convention is called to ascertain the will of the majority in regard. to a declaration of independence, to sell the country to the United States, if practicable and desirable-to form a Constitution for Texas, to take prompt measures to prosecute the present war with vigor, to fix the seat of government, and also the seal of justice in the different municipalities, to appoint a board of commissioners, to adjudicate and settle our land titles on a solid and secure basis, to resolve themselves in to a legislature if necessary; in short let it be clearly understood, that this Convention will meet to do whatever in their opinion the good of the country requires, and that they exercise all the powers which the people themselves possess in their radical and original capacity. In this way the people of Texas.will vote with their eyes open, the will of the majority will be closely ascertained and carried into effect, which m my estimation will redound much indeed to the prosperity and

quiet of our adopted and at present disorganized and distracted country. Allow me lo assure you that the immediate call of a convention with these plenipotentiary powers would meet the views of a great majority of the army and also of those citizens with whom I have met on my return from camp. A conscientious conviction of the importance and correctness and indeed indispensibility of this measure; a belief that the choice of commissioners should proceed from a body with powers less questionable than those of the Consultation & whose declaration was more definite and tangible induce me to decline the honor of acting as commissioner. I hope you know me well enough to believe without any protestation on my part, that no considerations of trouble, absence, expense or other personal nature would induce me to refuse the mission, if I thought that I 'could render the country important services. My life and fortunes are identified with Texas and until the war-cloud [illegible] and until order and legitimate government are restored, I am ready to discharge to the best of my abilities the labors and duties of any / post in which I think I can be useful, without reference to the honor or emolument attached to such post. I understand that arrangements have been made to borrow $100,000 on the faith of Texas, which with the other aid in the power of the governor council to bestow will be amply sufficient to sustain the army and provide for other emergencies until a new Convention can meet. In conclusion allow me to say that I believe the sustaining of the army at present in the field, and the raising of a regular army lo take its place, and the immediate convocation of a Convention with radical powers are more important, than all things else put together, and also permit me to hope and recommend, that no pains will be spared to effectuate these purposes within the powers of the Provisional Government. A belief in the importance of sustaining the army will induce me to return immediately to it with all the recruits that I can possibly raise. Very respectfully, yours &c. William H. Wharton. P.S.-The army is much in want of Sugar, Coffee, Flour, Tobacco Clothing &c., if not furnished as soon as possible great dissatisfaction will ensue. Be so good as to communicate as much of this as is necessary lo the Governor and Council.

(1324 l [DIMITT Lo PRESIDENT OF CONVENTION]

To the President of the Convention of the Delegates of the People San Felipe de Austin, Honoured Sir,

I have the honour Lo dispatch herewith, for the disposal of the Hon. Body over which you have been called lo preside, CadeL Juan Garzar one of the prisoners taken in this Fortress on the night of the 9th ult.- I confide his safe conduct hence, to the care and fidelity of Caplain Pedro J. Miracle, formerly attached to the division of the l\'fexican army commanded by Gen. Barragan-but discharged from the service in consequence of his uncompromising delestaLion of Cenlralism, and firm adhesion Lo the Republican system of 1824. Capt. M. is Bearer of dispatches & intelligence of greaL importance, from the interior. I have advised the Com. in Ch., by express, of the information received through this officer. Yours very Respectfully Fort of Goliad P. Dimitt Comg Nov. 29th 1835 (13251 [DISCHARGE LIST) A List of individuals who left the army- and who received honorable discharges from the Commander S. F. Austin of the Texas Army where they have been for some time past & who were compelled to borrow from a few individuals money to pay their expenses home- Names-" Veatch

Steele · McComb Hoyle Dr. Thorn Rowlande Goth Grigsby Willis Elliott

T. J. Stansby Lockridge Several others not recollected.

Expenses already incurred by the aforesaid persons- 85$ and five of the aforesaid persons now at this place without a cent- and all of them on Horseback. San Fellippe De Austin [Unsigned] 29th of Novr. 1835 The two individuals who advanced said money are now at- this place & wilJ give satisfactory evidence of the facts as above stated if required. [Endorsed:] read & refered to the committee on finance Nov. 29. 1835. Rejected for want of Evidence 18th dee. 1835.

[1326) [DOR to HOUSTON]

Nacogdoches Nov. 29th 1835.

My Dear General

Yours dated the 18th. instant I duly received per mail, but after the mail carrier had left this place on his way back there I had no other apportunity offered to forward you the books you request me to find Mr. Weaver will hand them to you together with this letter. Yesterday, doct. Everrett made, in compliance with his commission a demand of the different archives, but being the only one of the three commissioners present, his demand was refused on that ground; it appears that the people in general are not willing that the commissioners should stop issuing titles on surveys made before the first of this month, and returned at their office previous to that time. the Mexicans of this place are just as ever - to say unwilling to afford aid, however, I believe, that some men excite them to remain neutral; I rejoice to learn that we will soon have the pleasure of seeing you. My wife presents her best compliments to you; and so your friends - Leplicker left this place for New Orleans a month ago, I do not know when he will return; our prospect in the justice of our cause is improving every day, only few traitors say embarrassment on our way our lord Chief, is as proud of his authority as ever. his mandates are issued with the same form and solemnity, attached to the dignity of his evaporated office - I had an idea of going towards San Felipe, but since I found that you was shortly to be here 1 concluded to stay. I earnestly .desire your

presence and in Lhe hope of seeing you shortly J remain y sincere friend John M. Dor My besl respects lo 1\/lr. Rt. Williamson his brolher Charles is on his way to San Felipe - Adieu- [Addressed:] General Sam I-louslon

San Felipe de Austin favored by Mr. Weaver [1327)

(EDWARDS to ROBlNSON J

James W. Robinson Esqr. Dear Sir

Represcnling Col. Thorn in his ahsencc, I read your favour dirrectcd to him, and was much pleased with its contents, parlicularly your solicitation to learn the feelings and views of your constituents, making that the polar star of your political course. The people have been much excilecl upon the report of the decree of Lhe Convention appointing Commissioners to Lake possession of the archives of the different offices of this place for many days. Ycslerday the document arrived in the hands of Dr. Everilt, and last nighl a meeting of the people took place lo the number of forty seven at a very short notice when resolulions presented by Mr. Logan were adopted with only two dissenting voices, which resolulions will be presenLed to Lhe governor and council by i\lr. Whilacre and Doctr Porter the bearers hereof. Permit me lo say to you sir that I think your constiluents of this place, has acled wi°th a great deal of magnanimity and patriolism, not only in liberal advances in support of Lhe war, but in anticipating Lhe general council in slopping all operations in the land offices and surveys made afler Lhe first day of November; conscious al Lhe same time that they were violating the established laws of the country, and were actuated solely upon the principle that desperate cases require desperate remedies, and nothing but a conviction that a dissolution of the army would ensue, and our glorious cause fail, if the remedy was not applied, could justifie the measure.' The basis of our political sistem, is the right of the people lo make or alter their government at pleasure. But the government which at any Lime exists, until changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very principle of the power and righl of Lhe people to c~taulish government, presupposes Lhe duly of cwry individual Lo obt~y the

....

established one. .All obstructions to the execution of the laws, under whatever plausible pretex, with the real design to direct control counteract or awe the regular deliberation and action of the constituted authorities are distructive of this fundamental principle and of fatal tendency. I feel great delicacy in offering any comments on the subject of the decree above mentioned, being extremely anxious that a concert of feeling and action should be the favourite passion of every individual engaged in the glorious cause of liberty and independance, although I could offer my opinions with perhaps less partiality than almost any other individual in the community; not possessing a cent of interest personally in either of the offices. In all my intercourse with the citizens of this municipality in, and out of town, since the excitement I have met with but two persons who approve of the measure. I think myself the measure a ·precipitate one, and when matured by the council will be rescinded, or at least so modified as to give satisfaction. I will only suggest to your reflection the vast expense, besides the impossibility of executing the decree in any reasonable time. To take a tTiplicate copy of all the papers in the different offices would employ twenty clerks from six to twelve months, by which time, I flatter myself a new government will be organized. The decree itself seems to me to be a visionary measure adopted without mature deliberation. I am· but a spectator an auditor in the theatre of political discussions, where indeed I have learned the opinions of a number of our most respectable and enlightened citizens, condemning the measures of the convention in the election of a Governor and council, declaring they were only clothed with powers, to deliberate mature and effectuate the best and most speedy measures to ensure the defeat of our enemies in the field? which being accomplished, the people would call a convention to organize a new government, and frame a constitution congenial to their wishes. Be that as it may, I am happy to learn that you are counted upon as one of the bright satelites to guide us through the mists of conflicting dangers to the standard of Liberty crowned with laurels and bearing the flag of independence Stand forth then, one of the champions of our civil rights, while our brave brethren in the field prove themselves a scourge to the menial slaves of a Despotic Tyrant I fear then may a cloud arise, which will obscure our political sun unless despelled by the soft brescs of conciliatory measures. I hope prudence will be the helm embraced to guide the vessel of state through the political sea, to a safe mooring in the Haven of Liberty and independence. The bearers of

this and_the re~olutions will be more capable of developeing to you the feelings & mlcrests of the people of this municipality than I am capable of. Yours with esteem Haden Edwards Novembr. 29th. 1835 f Endorsed:] Read in secret session & transfered lo open session Dec. 6th, 1835.

(1328) [EVERITT to ROBINSON]

Nacogdoches Nov. 29, 1835

To his Excellency J. W. Robinson D. Sir

I would respectfully, and most earnestly request of you, to lay before the Honble. Body over which you Preside, the following statements I arrived here on the 27th. instant, and found no other Commissioner here, and consequently felt fearful of commillinl! an error if I assumed the responsibility of taking charl!e of the Land Offices, I at first concluded lo Issue an order to suspend their operation Lill my Colleagues came on, hut on farther reflection thought it more prudent to wait for Instructions from your Body I have issued an order suspending the Political Chief, a Copy of which you will find in the hands of the Govern~r. They had a meeting here last night composed of Men who were all, or nearly all, engaged largely in clearing out Lands or who are deeply engaged in Janel speculations the following is a partial list of those present. John K Allen, George A Nixon Charles S. Taylor, W. G. Logan, A Sterne Henry Rueg & all very largely engaged in Land operations as well as Mr. English, Mr Burney and others from the U. States with many strangers in this Meeting They passed resolutions that there was want of form in the Law. and that they did not think it was sufficiently technical in its form to insist upon their complying with it thus you see that they are treating the Acts of the Convention as if they were criminals at the bar tryinl! lo find flaws that they may evade them J have every reason to beleive that l\fr. Henry Rueg is not friendly to the existance of the provisional Government, as formed by the Convention, and I wish your Honhle. Body lo send me instructions in full, as will enable me to

secure the Public Archives and other Public Properly to the Government. IL is beleived here that if a person was appointed to receive and receipt for monies due on Lands that a very large amount could be collected if the council should think proper to appoint some person lo that effect it would be of much service to the Country, I would recommend that a Primary Judge Be forthwith appointed and Lhal ~Ir. John Forbes of this place be appointed, as he is doing all he can for the Cause of Texas. I have heard it rumoured that a Mr. Sterne is appointed Judge I hope nol, as he is deeply connected with the Land Men On the subject of the Land offices I hope you will give me full instructions, and either send Commissioners to act with me, or give me full Powers to act alone, Forbes would make a good commissioner If you could amdn the law in regard to Land Offices so far as lo allow titles to be made to the field notes in the offices, or made before the 1st. day November it would have the affect of satisfying most of those who are displeased this is for your consideration I send you a list of all the Orders of survey Issued from the Empresario's Office of the Colonies in this place I have not time lo examine it fully but I can assure you that the interest of the Country Requires of your Body to order an investigation into the Land Offices forthwith, the interest of our Farmers demand it I have this lo say that what ever the risk or Responsibility is that my country may lay upon me, you may rest assured that so long as I have life I shall execute orders from our Government, Mr. Rueg, and 9thers here, are fully impressed with the beleif that our Country will not sustain itself, do not for Gods sake Give to the enemies of our country Office that they may injure us! they injure us any how · IL is believed that one of our Land Commissioners has been Laking larger fees than the law allows him I hope you will attend to this also It is reported that George A. Nixon intends to quit the Country & go lo the U Stales leaving his business in an entire unfinished stale this the Council ought forthwith attend to he has in fact sent off his family and was to have left this place to day himself and I have said to him I hope you will nol think of leaving at present Our friend Whittaker and some of his neighbours have had their Lands Run in since he has come home this is lrnly an outrage

on the country, and ought lo be noticed in an Exemplary manner. Mr G. W. Logan and Mr Allen say they will sustain the Interest of the Country al all Events and I have no doubt They will-do not fail to send me Instructions. this I write because it is my duly as I believe-and I hope if in aught I commit an Error Thal I shall be .idvised & Instructed Wliat course lo persue With Sentiments of the Highest Consideration

I am Truly Yours

God & Liberty S. 1-1. Everitt comr

(1329]

[GOLIAD COURT OF INQUIRY]

Proceedings of a Court of Enquiry held in the Town & Fort of Goliad on the 27th. clay of Nov: 1835, in the pursuance of an order from P. Dimitt, Commandant, to investigate the facts relative to the right of possession, ownership, &c. of a certain lot of manufactured Tobaco, recently deposited in the Store of one Thomas G Western, by, or in pursuance of, the orders of one Hugh McDonald Frasier. · To Volunteers Francis Keller, John J. Bowman and Ben- jamin J. White, Gentlemen, You are hereby nominated, appointed, and summoned as a Court of Enquiry to investigate and report in writing, the evidence appertaining to the right of possession, ownership, &c. of a certain lot of Manufact11red Tobacco transported from the mission of Refugio to this pl.ice, by one Peter Hynes, at the instance of Volunteer Hugh Mc. D. Frasier, and deposited in the store of Thomas G. Western, by order of said Frasier, together with your opinion, and you are authorised to call for papers and summon witnesses, to enable you to discharge your duty as herein specified Fort of Goliad P. Dimitt Nov 27th. 1835 Com 'g John Dunn, Constitutional Alcalde of the Municipality of Refugio being sworn, states: that he seized as a public officer, and behalf of the public, two boxes of Tobacco, and a part of another, as the property of two sailors, Abbott, and another (name unknown) who had forcibly seized, and ran away with a boat belonging to the Custom House Officer of this place - that he deposited the Tobacco in the dwelling house of Ira Westover, in charge of his

wife, he being absent on duty at Goliad - that he tasted of some of the Tobacco taken from the broken box, and believes it of the same quality as that recently taken by order of Captain Dimitt from the house of Thomas G Weslern of this Town; and he furthermore says that he believes the Tobacco so taken, is of the same Tobacco as that which he seized in behalf of the public, as above stated, and furthermore, that, there was no other Tobacco of the same, or similar quality in the Mission of Refugio at the time this lot was brought up to Goliad - not indeed, was there any such when this tobacco was seized by him. In testimony thereof he signed John Dunn Peter Hynes being sworn states - that, on or about the 13th. inst., he was applied to by Hugh McDonald Frasier, then a Volunteer in Captain Dimitt's Company, to haul some tobacco from the Mission aforesaid to Goliad, for the use of the Volunteers, and particularly for that of the Volunteer Greys from New Orleans, who as Frasier informed him, were to take up the line of march the following-day, at 7 A. M. for Bexar - that Frasier informed him, 'Hynes) that, he (Frasier) was authorised to press carts and oxen to haul - In virtue of which authority he (Hynes) procured oxen, and Frasier procured 3 cart to haul tobacco to Goliad. That, Frasier and one Burke than ook two boxes of manufactured tobacco from the house of Mrs /estover, and put them in the cart, and Frasier directed him, _Hynes) to drive the cart containing the tobacco and part of a barrel of whisk~y, to Goliad - that on his, (Hynes') arrival at this place with· the tobacco, Frasier was at Thomas G. Western's and instructed him, (Hynes) to leave the tobacco at Western's Store and that Western insisted on his (Hynes') receiving pay for hauling and tendered him four dollars, which he (Hynes) received, although he informed Western, t~at, as he was hauling for the public he neither charged nor expected pay, and furthermore, that, the said Frasier assisted in unloading the tobacco, and in depositing it in the aforesaid store of Thomas G. Western, aided in the work by John James - and that one Bennett, who appeared to be doing business for Western, opened one of the boxes in his, (Hynes') presence, took out a few plugs, and put it on the shelf of his employer's Store. In testimony whereof he signs Witness Peter Hynes Martin Lawler being sworn states - that, some two or three weeks before the taking of Goliad by the Americans, Hugh

McDonald Frasier, proposed selling him a small stock of goods, among which was, Frasier informed him, a small lot say 20 or 30 lbs of manufactured tobacco, that he (Lawler) saw Lhe tobacco, and examined it although he declined buying, and that it was neither the same quality, nor the same sized plugs as that brought under Frasier's ortler!> by Hynes to Goliad, but of a quality inferior, and much smaller plugs. In testimony of which he signs Martin Lawler John James being sworn, states, that, several days ago he was called on by Hugh McDonald Frasier to assist in unloading two large boxes of manufactured tobacco, at the door of one Thomas G. Western's store in Goliad; and that he did assist said Frasier in taking them out of the cart, and then carrier them into the store aforesaid alone; that, he then understood and believed that said tobacco was part of the lot seized several days previous by Alcalde Dunn in behalf, and on account of the public - and he further states, that, he assisted afterwards in removing the same boxes, under the order of Captain Dimitt, from the store aforesaid, to the Commissary's Department, within the walls of this Fortress. In testimony of which he signs John James Thomas Todd being sworn, states, that, he resides in the Mission of Refugio, that, after Abbott and the other sailor (name unknown) ran away with the public boat, he advised Alcalde Dunn, to seize on some tobacco, which he had been informed by Mrs - Westover, was then in her house, belonging to them: that he saw three boxes there, saw one of them afterwards, in Western's Store, and has since seen the the Same in the possession of the Commissary of this Company, and believes them, and it, part of the lot which he saw in the house of Mrs Westover in the Mission. In testimony whereof he signs Thomas Todd Caleb Bennet being sworn, states, that he is knowing to Frasier's having employed Hynes to bring two boxes of Manufactured Tobacco from the Mission of Refugio to Goliad, that his employer, Thomas G. Western, purchased the Tobacco from Frasier before it was brought, or hauled up by Hynes, and delivered by Frasier - and that, the Tobacco seized and taken from the store of Western by order of Capt Dimitt, is part of the lot previously purchased of

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