Jan 14 1836 to Mar 5 1836 - PTR, Vol. 4

Papers of the Texas Revolution, Vol. 4

The Papers of the TEXAS EVOLUTION 1835-1836

John H. Jenkins general editor

Volume 4

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

Copyright © 1973 PRl:.SIDIAL PRESS All Rights Reserved Editorial Advisory Board

Maj. Gen. Thomas S. Bishop Dr. Dorman H. Winfrey 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 ofTexas in the publication of these works is gratefully acknowledged.

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Plat of the Alamo (See #1831)

[1774 J [AUSTIN and WHARTON to HALL]

New Orleans 14th Jany 1836 We the comm1s1oners of Texas hereby appoint Edward Hall, to purchase and Ship all Supplies, required by the provisional Government of Texas, and also to Charter Vessels, for their Transportation, It is hereby made his duty to call upon our General Agent, William Bryan, for all funds Necessary for the purchase of Supplies, chartering Vessel, &C &c, to compare accounts with him every three months S. F. Austin W. H. Wharton. [1775 J [BYRNE to WHARTON ET AL] Recd. of W. H. Wharton, S. F. Austin and B. T. Archer commissioners of Texas one thousand dollars towards the purchase money of the schooner Ingham. New Orleans Jany 14, 1836. Gregory Byrne [1776 J [COS to TORNEL] Estado de heridos y.muertos havidos en San Antonio Bejar hasta el 30. de Nove. de 1835. No. 2. Exmo. Sor. Con fha. 3. de Dicemb. ppdo. tube el honor de dirigir a V E. pr. extraordo. ejecutivo bajo el no. 669. la comunicacion siguienle. "Exmo. Sr.- Con el mayor sentimto incluyo a V E. una relacion nominal de los muertos y heridos qe. ha tenido esta guarnicion hta el 30. de Nove. antor. resultando de tan crecida baja una absoluta imposibilidad de cubrir todos los puntos que debian serlo suficiente mte, pues a pesar de que toda la tropa esta empleada y hta. los SS. Oficiles Loman fuciles cuando se ofrece, nunca se rcunen mas de 10. hombres sino es abandonando los parapetos mcnos amenazados qc. a veces quedan con solo dos o tres solclados. Observo sin embargo, mucho entuciasmo, decision y conslancia en

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todos los qe. me obedecen, por manera que apenas se lrasluce el triste estado aque van quedando reducidos de salir pr las no_ches (Aprovechando el mal tiempo) a abanzar a veces aun clel m1smo campo enemigo, pr. ae. dentro de la plaza solo tenemos agua y lena. Situacion lastimosa y qe. no la ignoran los citiadores, pr. qe. cuenlan con la generalidad del vecindario, y existen en~re ellos con las armas en la mano infinitos criollos intimamte. relac,onados con estas familias. Ayer desde el toque de diana se resistio pr. casi todo cl dia un fuego vivo de canon que ocasiono varios danos_en los edificios y fortificaciones, pr. la aprocsimacion de las p1ezas y superioridad de su calibre, habiendo sido hericlo gravem te. mi util y honrado Secretario el muy valienle y apresiable Teniente Coronel D. Jose Ma Mendoza. En la tarde se logro callar las baterias enemigas pr. dos violentos y 40. hombres que con mucho trabajo y riesgo evidenle se pudieron cituar abanzanclo sobre el flanco izquierdo, pero en la noche fue preciso replegarse pr la corta fuerza de la guarnicion de la plaza, y pa. no esponer los destacamentos. El Alamo sost11bo el fuego de Artilla. con provecho, aviendose adverlido en el campo mucho desorden e inquictud y qe. abandonaron una zapa ocupada pr serca de 100. tiradores. Los enemigos no son valienles aunque tiene rasgos de orgullo y serenidad pr. qe. cuentan con recursos de voca y guerra, y con sierto apoyo esterior pr lo menos impolitico: me seria poco dificil escarmentarlos antes de que eslen mas fuertes, como pudiera disponerse de 200 infantes y 100 caballos buenos - Para hacer a V.E. la justa recomendacion de los SS. Gefes, Oficiales y tropa, seria preciso emplear mas tiempo que el que tengo disponible, y algun dcscanso que no disfruto hace muchos dias. Vastara pr. ahora qe. sepa V.E. que todos son muy meritorios, y dignos de la alta consideracion del Gobno. Supremo. !Mis ponas se dulcifican con la precencia de tan bravos companeros! Yo ruego a V E. qe. estime sus servicios, y renumere en justicia sus fatigas. Si cl Ser Supremo estiende sobre nosotros su poderosa diestra, dare a V.E. duespues de la victoria un Detalle sircumstanciado de los aconlesimtos. y en caso contrario respondere gustoso a los cargos qe. se me devan hacer, salvando siempre el dccoro y repulacion de mis dignos subordina- dos." Y como hta. la fha. no he recibido Conteslacion alguna, me atrevo a repelirla pr. qe. sospecho quc el pliego padesio eslrabio; incluye- ndolc la Citada relacion con el aumto. de las ultimas desgracias Ocurridas hta el 10 de Dicicme. que ebaque la Plasa de Bejar. Obligado pr. la impcriosa Ley de la Necesidad. Verdad es que el resultado no correspondio a mis deseos y a los

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intereses nacionales, pero si puede atribuirse a falta de Capasidad, energia u otro defeclo, yo solo sere el culpable: y Suplico a V E. que considere y Atienda el relebante Merito y heroicos esfuerzos de mis Companeros, al mismo tiempo qe. Conceda sin demora cl socorro que reclama la justicia pa. las Viudas y huerfanos qe. dcjaron los muert.os. Con el respecto y consideraciones devidas, protesto a V E. mi subordinacion y Aprecio Muy distinguido.

Dios y Libertad Punta de Lanipasos 14. de Eno. de 1836. Mtn. Perfto. de Cos.

Exmo. Sr. Ministro de la Guerra y Marina

[In Margin:] Eno. 30 de 36- Contestesele qe. el Gobo. Supmo. esta muy dispuesto a recompen- sar a recompensar a los Benemeritos gefes, oficiales y tropa q se han distingdo. en la defensa de Bejar. y q pa. verificarlo con mayor asierto, dirige al E S. Presidente gral. Dn. Antonio Lopes de Santa Ana una copia de la relacion qe remite pa qe. se sirva dar su oppinion sobre la clase de recompensas qe deban otorgarse: que respecto de las familias de los qe murieron gloriosamente en defensa de la integridad del territorio se libran las oms al Ynspr. pa qe. proponga lo qe. les corresponde de ban gozar, y que el como Ynspector haga lo mismo con los qe. le estaban subordinados de las tropas a esos Departamtos. Pasese al Ynspr. ya los demas a queines corresponda la noticia de las viudas que hayan quedado para qe las proponga a las gracias qe les correspondan Al Gral Presidente se le mandara copia de este Oficio y de la relacion de los muertos y heridos - manifestandole qe el ES. Presidente interino desea Saber cual es su Opinion acerca de las recompensas qe deben otorgarse a estos Ciudadanos

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[1777] lHENRY INVENTORY]

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Nacogdoches An Inventory of Articles in Trunks Belonging to Gen Samuel Houston 4 Dress Cloth Coats l Frock " "

3 pr Cloth Pantaloons 2 " do Short Pants l " Flesh Colour do l " Grey " " l " Light Pantaloons l Summer Coat · l Velvet Vest l Flesh Colour do l Striped do l Red Shawl 3 pr Fine Cotton Sox 2 Bunches of Hair 15 volms History of England 6 do Bakers Livy 2 do Miltons Works

4 do Pinders do 3 do Burnses do l do Bible l do Murphy Tacitus l do Texas l do Queen Mab. l do Lem presis Classical Dictionary 2 do Smith's Thucydides l do Wrights Family Medicines 5 packages of letters l pr Green spectacles with Cases 25 Bell Buttons

l bol Renunciation of Papery l do Army Register l bol Army List 1832 l port Folio whit stone

Contents of Trunk No 2 l Shaving Box l do Brush Hone

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Razor Strops Razors with Cases 10 Silk Hankerchiefs White Cravat 6 dollars Blk cloth vest Mittons

Bundle sage do Thyme Dirk Knife Pen do Bunch Sealing Wax l\fomorandum & day Book Box of Wafers Bolt of Taips Bunch of Jucls Package of letters & Blak Paper Box of letter Paper Book [torn] of Florida [torn] Brush Sticks Sealing Wax

White Cravatt Linnen Towels

Hand Box Paper Box Bosom Piece 4 Linen - 4 Silk - White Handkerchiefs 1 Blk Silk Handkerchief 1 pr Mockasens

l pr sox 1 Collar 1 pr Drawers

Contents of Trunk No 3 1 Large Hair Brush 1 Small do do 1 pr Boots

1 " Slippers 1 pr Sponge 1 pr Red Tape 5 Towels 1 pr linnen Sheets

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l "Drawers l " Woolen Sox l " Gloves 3 "Shirts 2 Flannel Shirts l Bundle Engravings l pr Box sox l White do 2Caps l pr Long white silk stockings l " Mockasens l peter sham - Waist Coat l Dress Coat

The above Inventory was to

Peck Jno. M. Henry

By Me in Company with My dear friend I hope you will write me.

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{Addressed:] P. Master Gl at San Felipe will please forward this by the first opertunity To Genl Sam Houston Commander in Chief of the Army Copano {Endorsed:] Inventory from Nacogdoches Jno. M. Henry Personal property Genl. Sam Houston Jany. 14, 1836

(1778] {HOUSTON to BURNS]

Guadeloupe Victoria 14th Jany 1836

I. I.

Arthur Burns Esq. Sir

You will please to deliver to the bearer William Gibson or in person to the officer commanding at La Bahia a Brown Gelding, the property of Harrison Williams, and on the delivery of the said Horse at La Bahia, the Commander in Chief of the Army or the Commandant at La Bahia will pay the charges due on the said Horse.

By order of Sam Houston Comdr in Chief of the Army

B. C. Wallace Actg. Asst adj Genl

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[1779) [K1Ml3LE, el al, to FORBESJ

Know all men by these presents: That I have this day voluntarily enlisted myself in the Volunteer Auxiliary Corps, for and during the term of six months. And I do solemnly swear that I will bear true allegiance to the provisional Government of Texas, or any future Government that may be hereafter declared, and that I will serve her honeslly and faithfully against all her enemies whatsoever and observe and obey the orders of the Governor of Texas, the orders and decrees of the present and future authorities and the orders of the officers appointed over me according to the rules and regulations for the government of the Armies of Texas. "So help me God." Nacogdoches, January 14th 1836. Names Age Remarks. H.S. Kimble 31 Tennessee. M. Authey 43 Tennessee. J.P. Bailey 24 Kentucky. Daniel W. Cloud 21 Kentucky. W. J. Lewis 28 Pennsylvania. Wm. H. Furtleroy 22 Kentucky. B. M. Thomas 18 Tennessee. R. L. Stockton 18 Virginia. Robert Bowen 24 Tennessee. J. E. Massie 24 Tennessee. Wm. McDowelly 40 Tennessee. John P. Raynolds 29 Tennessee. Joseph Bayliss 28 Tennessee. The above sworn to and subscribed before me, this 14th January, 1836. John Forbes 1st Judge of the Municipality of Nacogdoches.

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(1780] [McKINNEY to PRESIDENT]

Columbia 14th Jany 1836

To the president of the council San Felipe Dr Sir

I reached here late last evening & found the enclosed petition-which had only been started a day or two no one man has I am told refused to assign it who has seen it the one below which was started some time since has more than doubled the number The citizens are much gratified at the prospect of his removal I hear but one opinion in relation to the affair between the Govr & Council. Waller who helped to put him in says If Smith can not give some good reason for it & he says he can immagin nothing that could excuse him he is done with him for ever. It is said that the privateer Brutus is off the mouth. I neglected to get the inducement or pay offered to seamen in the service of the Govt. I will send an express from the mouth of the River & give you the news Your obt sert Thomas F. McKinney [ l 781] [MONESTERIO to BUTLER] National Palace of the Government, Mexico, January 14, 1836. The undersigned, chief officer of the Department of Foreign Relations charged with the affairs of the same, has the honor to enclose to Mr. Anthony Butler, in the course of business, a copy of the communication made to him from the Department of Hacienda, dated the 12th instant, setting forth the resolution of the Supreme Government, which declares the ports of Galveston and Matagorda closed, conformably with the decree of the 22d of February, 1832, as long as they continue to be occupied by the rebels of Texas. The undersigned embraces this opportunity to renew, &c. Jose Maria Ortiz Monasterio. To thr. Charge D' Affaires, &c.

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(1782] [NACOGDOCHES ENLISTMENTS]

I do solcm nly swear that it will bear true allegiance lo Lhe Provisional Government of Texas or any future republican Governmenl thal may be hereafter declared, and that I will serve her honestly and failhfully against all her enemies and opposers whatsoever, and observe and obey the orders of the Governors of Texas, the orders and decrees of the present or future aulhorities and the orders of the officers appointed over me according to the rules and articles for the government of Texas. 'So help me God.'

Names

Henry S. Stouffered I-1. B. Durham J. H. Taylor Luke M. Bast Oliver Fainsworth Achilles Marr 0. T. Brown W.W. Bell Luke Skinner K. H. Douglass T. B. Hunter George Johnson T. S. Wallen Abner Glidwell John Fox David Cowens M. H. Randolph David Furguson George Waggoner Henry Williams Archibald Henry James Windsor Christopher C. Stilley A. Herney, Jr. John Smith

John C. Allison Wm. M. Berryhill John Frederick Edward W. Taylor Jas. Greenwood James Wilkinson Wiliam H. Hinkey John Yiven James A. Lylorster John Dursy T. C. Thompson Thomas Z. James Camba G. B. Raymond William C. Hays Christopher C. Bruff John D. Lodgeback Jacob Eyler David Crocket Henry W. Hardeman J. G. Washingl_on William Pallon Daniel Murphy Asa Reinharl John H. Dillan L. Allen James Armslrong

W. H. H. Smith Isaac R. Mitchell

Peter M. Holmes Joseph E. Field Johann Bernard Doom James H. Isbell B. B. Bradley

F. D. Gary Ralph E. Sevey- .Manasseh Seven Hugh ~l. Swift T. C. Edwards

Robert Mabcrt William Maberl to and subscribed before me this 14

George ~l. Deadrick George ~I. Leaston

The above sworn

Jany. 1836.

John Forbes Isl Judge of the Municipality of Nacogdoches.

{1783] [NEILL to HOUSTON]

Commandancy of Bexar, January 14, 1836.

Maj.-Genl. Sam Houston:

Sir: . . . The men all under my command have been in the field for the last four months. They are almost naked, and this day they were lo have received pay for the first month of their last enlistment, and almost every one of them speaks of going home, and not less than twenty will leave to-morrow, and leave here only about eighty efficient men under my command. There are at Laredo now 3,000 men under the command of General Ramirez, and two other generals, and, as it appears from a letter received here last night, 1,000 of them are destined for this place, and two thousand for ~latamoros. We are in a torpid, defenseless condition, and hare not and cannot get from all the citizens here horses enough to send out a patrol or spy company.... I hope we will be re-inforced in eight days, or we will be over-run by the enemy, but, if I have only l 00 men, I will fight 1,000 as long as I can and then not surrender....

Your obl. servl, J.C. Neill, Licul.-Col. Commanding.

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[l 784 J [NEILL lo GOVERNOR AND COUNCILJ

Commandancy of Bejar January 14, 1836

To the Governor and Council, San Felipe de Auslin

Sirs, - I beg to refer you lo my official communication, under date of yesterday, since when, I am sorry to inform you, that our situalion becomes such as to be compelled lo acquaint you of it by express. There can exist but little doubt that the enemy is advancing on lhis post, from the number of families leaving town today, and those preparing to follow; among which, is that of John W. Smith, who has this evening engaged wagons to remove his family inlo the colonies. We are informed that the advance of the enemy is on the Rio Frio, and so situated are we, for want of horses, that we cannot, through our own exertions, gain any information, not being able to send out a small spy company. The volunteers that entered for two or four months under Burleson or Johnson, did so with an understanding that they were, for that period, to be paid monthly; which not having been complied with, has weakened me very much, as several left yesterday and today and I have not more than seventy-five men fit for duty, and afraid that number will be considerably reduced in a few days. Unless we are reinforced and victualled, we must become an easy prey lo the enemy, in case of an attack. My frequent repetitions of the subject of our distress, and the apprehensions of an enemy, arise partly from the interest I feel for my country, and a wish to preserve those lands she has acquired in the infant stage of her campaign; and being well convinced as above stated, that the enemy may be nearer than mmored, without a power of ascertaining it through our own men on whom we depend, and would, if necessary, ascertain the moments of the enemy, however distant, had we but a few horses. In this extremity I will assure you, that as far as our strength goes, we will, Lill reinforced, use it both in spy service, and if drawn within the walls, will defend the garrison to the last. I beg leave to subscribe myself,

Your obedient servant J.C. Neill,

. Lieu tenant-colonel, commanding. of this takes a requisition to the chairman and

P.S. -The bearer

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members of the committee of safety, at Gonzales, to assist i_ne with as many men and horses as possible, until I can receive reinforcements throuah orders of the government, from some 0 • other quarter, for which I have applied, and hope to receive soon, at the same time putting them in possession of my situation, and my cause of apprehension. I shall not again make application for aid, as considering it superfluous, but wail the result of either receiving aid or an attack before it should arrive; in which case I will do the best I can with the small force I have, understanding that my commanding officer was under marching orders, and not knowing 'his destination, I have been induced to make my situation known to you, supposing it the chance through which I, as well as the country, may receive most immediate assistance.

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J.C.N. L 't-col.com.

(1785] [ROBERTSON to -----]

Consulate of the U. States Tampico Jany. 14 1836.

Sir,

I beg, to acknowledge the receipt of your official communications of the 30th inst. -the endorsed list will shew how many of those designated on the former list had become citizens of the U. States. It appears that all those who have been arrested as au;~iliaries lo Gen. Urrea are yet confined in prison. what their fate will be is not yet known. The unfortunate foreigners never had a legal Trial, their mere depositions were Fakes, and it is ascertained-that some days previous to finishing their depositions orders were received to shoot them. By an arrival yesterday from New Orleans we have an official account of the fall of Bexar-that many armed rebels had left for Texas, but supposed to be armed merely for their own defence. The latest dates from Europe as to the 12 November from London, which slates that all Barton had asked for was support and received it.

I remain &c - &c. Geo. R. Robertson

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[l 786] [ROBINSON to COUNCIL]

Governor's Message.

To the Honorable the President and Members of the General Council.

Gentlemen,-In obedience to the resolutions of your honorable body, unanimously adopted on the 10th inst., declaring the office of Governor vacant, and requiring me to enter upon the discharge of the du ties of the same, according to the provisions of the second article of the Organic Law, creating a Provisional Government for Texas; I obey the painful and unexpected call of your honorable body, and enter upon the discharge of my official duties, with a firm reliance upon Divine Providence, and your wisdome and experience to direct and assist me in the performance of that highly important trust; and I cherish the devout hope that your labors to improve, save and serve the country, may be crowned with success. ln doing so, permit me to assure you, that no consideration but the safety and happiness of the country could induce me lo accept the office of Governor at this time, under the peculiar and delicate relations existing between the General Council and myself, and the ex-Governor of Texas, Henry Smith, Esq., with the latter of whom the utmost good feelings have •uniformly prevailed; and having had the honor of presiding over your deliberations by virtue of my appointment of lieutenant-Governor by the General Convention of the chosen Delegates of all Texas, and having received the personal kindness of the members of your honorable body, I was unwilling to separate from you, or change the relation that already existed behveen us: but circumstances beyond my power to control, or within your authority to prevent, has imposed the deplorable necessity upon me, of accepting the responsible station lo which, as the immediate representatives of the people, you have called me. I neither seek nor avoid responsibility; it is the duty of every citizen to obey the call of his country, and upon that principle it becomes my duty to bow in submission.

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The assumption of power claimed by the ex-Governor in his message of the 10th inst., is of a most extraordinary character, dangerous in its tendency, calculated lo wither the laurels of ~he hero blioht with a fatal mildew the fondest hopes of the patriot, ' 'O and crush forever the heroic efforts of the freemen of Texas, grappling in deadly conflict with the military usurper of M~xico, and is such as, I confidently hope, will meet the just indignallon of an enlightened community: for in times like these, every direct and bold attack and invasion of the rights of the people, ought to be promptly repelled. Let it not with truth be said, that after having beared the main lion in his den, and driven him from it in confusion and dismay, that we tamely suffered the wolf in sheep's clothing to enter the fold and destroy the flock. The encroachment of Executive power and patronage upon the rights and privileges of the co-ordinate branches of the government, in Europe and America, has formed the ground of complaint on the part of the revolutionists in most, if not all cases; and in the incipient stage of our government, we ought to stop the inroad of this hydra monster of political wickedness before it has time or opportunity to establish itself by precedent and immemorial usage, and thereby silently undermine the temple of freedom, dedicated to the people, before the workmen have completed the edifice. But you are told in the message, that it is the duty of the Executive, nay, imperious necessity compels him. The tyrant's plea!!! So said Alexander when he hypocritically declared himself the protector of the liberty of Greece. So said Caesar, when he blotted out forever the splendid sun of Roman freedom. So said the emperor Napoleon, when he wore without a blush, the diadem of the Caesars, cemented with the blood of nations, and nailed the christian relgion to the cross of the Roman pontiff without remorse; and even now, at this moment, Santa Anna declares that, for the preservation of the Mexican nation, and for the happiness of its citizens, he, from necessity, will condescend to play dictator, and save eight millions of freemen from the trouble of governing themselves. And against the principle now promulgated in the message, in its naked deformity, our brethren are in arms; against this principle the gallant heroes of San Antonio fought and bled, and the brave and lamented Millam fell! And your army is now concentrating on the western frontier to roll back the bloody tide of war upon the comman

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enemy: and can we, I would ask, silently permit the lawless exercise of power at home when we have pledged our lives, our fortunes, and our sacred honors, to repel it from abroad. The power of the Executive lo dissolve or adjourn the General Council at pleasure, without their consent, or to refuse lo correspond with them, is no where given; if it exists, it must be clearly and expressly defined, and not left lo implication or construction. Fortunately, this very important question, which has so direct a bearing on the very existence of the General Council, as a deliberative body, is susceptible of the most certain and unquestionable solution. Under our system, all who exercise powers are bound to show, when questioned, by what authority it- is exercised. I deny the right of the Executive to question the proceedings of the General Council; ulterly deny it, and challenge the advocates and support of the doctrine to exhibit his authority, to point out the article, the section, and the clause of the Constitution of Mexico of 1824, or the organic law, which contains it: to show, in a word, the express grant of the power. None other can fulfil the requirements of our Constitution and laws. I hold it an important and interesting truth, as an undeniable axiom, and not heretofore sufficiently understood, that the Governor has no right to exercise any implied or constructive power. He is the creation of the Constitution and the organic law, and derives all his authority from that source; and whatever power is not expressly granted, is reserved to the people. The assumption of power contained in the message, to dissolve the Council without, and contrary to, their expressed will, and questioning their proceedings and their motives, as corrupt, together with the opprobrious epithets freely applied to the members, is, in my opinion, an outrage upon the feelings of the members, and a dangerous invasion of the independence, the privileges, the rights, and powers of the General Council acknowledged by our laws, which the Executive is solemnly sworn lo obey, himself, and see the same executed. Neither the Executive, nor, I may add, any other department, can exercise powers not expressly granted by the Constitution, or by authority of law. An enduring monument of praise is the proud reward of the wisdom that devised the plan, and no less to the patriotic statesmen who carried it into successful execution. By it, ours is emphatically a constitutional,

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legal government, instead of a gov_er~1ment moulded by the ~olic_~ or whim of those who are comm1ss1oned to enforce and execut . . . f its powers. By it our government, mstead of cons1stmg 0 independent, separate, conflicting, and hostile_ departme~1ts, has _all its parts and powers united harmoniously m one, w1~ho~1~ the apprehension of collision, and without destroying the md1v1dual and independent existence of the parts. After the most mature reflection that I have been able to give the subject, it is my settled conviction that your honorable body outght to remain in session until the meeting of the new Convention, agreeably to the provisions of the sixteenth article of the organic law, which provides that "the Government and Council shall continue to exist as a Provisional Government, until the re-assembling of the Consultation, or until other delegates are elected by the people, and another government established;" and it is very questionable whether the Governor has any separate existence, independent of the existence of the General Council; and the present situation of our country, requires that every citizen should he at his post and perform his duty. I know you have made many sacrifices by remaining here; but though you have done much, and performed it well, still your work is not finished; and the most extraordinary course adopted by my predecossor, renders it necessary that your labors should be prolonged beyond what would have been required, had he harmoniously continued to perform his duty as Governor: and if your circumstances require a return to your several homes, sooner than the first day of March next, you might call the members of the new Convention to convene on the 15th day of next February; and on the first day of the same month, or sooner, you might adjourn your body, to meet when and where the members of the next Convention meet. In fact, I would be glad to see the new Convention convened at as early a day as practicable; for the means of communicating the acts and proceedings of your body to the people generally, has been so limited and uncertain, that I have no doubt but that it is the principal cause of what dissatisfaction has prevailed. But I think the policy doubtful, if not dangerous to the public interest. Upon this, as in all your former deliberations, let the good of Texas he your polar star, by which you will shape your course, and you will have the approbation of an approving conscience, and the blessings of a free and grateful people.

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The defenceless situation of our oppressed country, calls for your prompt attention and speedy relief. Surrounded, one one side by hordes of merciless savages, brandishing the tomahawk and scalping knife, recently red with human gore; and on the other side, the less merciful glittering spear and ruthless sword of the descendants of Cortez and his modern Goths and Vandals, it is, in my opinion, your paramount duty, as a Council, to remain permanently in session until the Convention meets, as there is no other authority to provide for the speedy organization of the ranging corps, and particularly for the security and protection of the inhabitants of the frontier of Red river, where no force is yet stationed or raised: and I would respectfully recommend to your consideration the propriety of raising and officering the detachments of rangers from the inhabitants of the frontier where they are designed to range: that it would operate to increase the activity and vigilance of the corps, and promote their harmony, I entertain little doubt. The regular army is not yet recruited and filled up, and the enemy is preparing a large force to demonstrate upon us early in the spring; and should another attempt be made to invade Texas, which we have every reason to believe, will be done, we may expect a much more formidable enemy in point of numbers at least, than we have yet had to contend against. The organization of an efficient army in the field, and the means necessary for their support and comfort, will, I am persuaded, continue to occupy your time until so desirably an object is fully accomplished. I recommend to your consideration the propriety of reducing the number of field and company officers in the regiment of artillery. The excess of officers in this corps over the usual number, is a ground of complaint; and the objection, as far as my knowledge extends, is well founded. In the present embarrassed state of the treasury, rigid economy, and strict accountability is absolutely necessary to secure a government for the people, unfettered by an overwhelming national debt. I would call your attention lo the situation of the public lands, and the embarrassments to the bona fide settler, consequent upon the closing of the land offices by the General Convention. It is believed that the reasons that induced that honorable body to close them by the provisions of the 14th article of the organic law, no longer exist; and that the re-opening of the same would be of

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great public utility. I would_ ther~~ore suggest _the expediency_~ providina by law for the d1spos1hon of pubhc lands to actu settlers ~ow in Texas, or who may emigrate here and settle o_n their locations in accordance with the provisions of the orgamc law, and laws of colonization; and those citizens whose titles are not fully perfected, should be authorized lo receive them un?er such mies and regulations as you in your wisdom may thmk proper. But at the same time, I would doubt the expediency ~f permitting any locations of large claims to, or grants of the publ~c domain, until the meeting of the Convention, when members will come clothed with plenar)' powers from the sovereign people. And until the land offices can be thoroughly systematised by the competent authority hereafter to be appointed; when the policy that is to govern the country in the disposition of the public lands, can be adopted by that honorable body. I would recommend to your attention the propriety of opening and organizing the courts of justice on the basis of the Common Law of England, as being not only the best system of jurisprudence extant, hut as being more extensively known, and better adapted to the wants and customs of the citizen; and as a system, it has withstood the attacks of tyranny in Europe and America, and finally triumphed. The citizens of Texas are a constitutional and law abiding people; they look for safety and protection in the last resort, as regard questions among themselves and next to doing justice, in importance, is, that it should be speedily administered;for it is an important fact, that delay of justice in many cases, is tantamount to a denial of justice; and the organization of the judiciary, is a measure necessary to secure peace and good order in society, and lo protect and secure the property and persons of our fellow-citizens generally. I would ask your attention to the propriety and necessity of passing an ordinance and decree regulating marriages, divorces, and alimony: and also, one in relation to fences and bridges on military and post roads, so as to ensure the regular transportation of the mail, and facilitate the movement of troops in time of war, as well as ammunition and supplies for the army. The defence and protection of the seaboard from the attacks of the enemy's armed vessels, will, I am persuaded, receive your earliest and most deliberate attention. The flourishing towns upon the coast of the Gulf of Mexico, are greatly exposed to the

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enemy; and as temporary proteclion until effecl1.1al safeguard can be provided for Lheir security, I would invite your attention to the propriety of erecting one or more batteries at each port and Lown upon the sea coasl; I would also advise the survey of Lhe several porls of Texas, with a view to make the intercourse with our country more secure. and il is confidenlly believed, that the rate of insurance would be thereby greatly diminished. A measure intimately connected with the commerce and prosperity of the country, is the duty on imposts and tonnage. The rate of duty, as now eslablished by law, is, in my opinion, too high in the present situation of Lhe country. I would, therefore, very respectfully recommend in lieu of fifteen and twenty-five per cent. ad valorem duty, that ten and twenty per cent. be levied and collected, under the rules and regulations as now prescribed by law. It is the interest of our country to invite capital and emigrants, by affording every facility in our power, consistent wilh the other important interests of our country. As a necessary and important measure that stands intimately connected with the defence of the country; and one to which I invite your attention, is the creation and due organization of a corps of Marines; and as you have purchased two vessels for the public service, and shortly expect two more lo be purchased by your agents abroad, it would be very desirable to have that corps organized and ready for service, with as litlle delay as possible. I herewith transmit to your honorable body, sundry letters recommendatory of lieutenant Francis Neville, late of the United States' Marines; and from my knowledge of the gentlemen recommending lieutenant Neville, I would respectfully recommend him for a captaincy in said corps. Permit me to invite your kind attention lo the organizalion of that part of Texas laying on or near Red River, into one or more or municipalilies, and provide suitable municipal officers for the due administration of justice; and that they be allowed their due representation, in proportion to the nu~ber of inhabitants, in your Council, and in the next Convention; and that you invite the freemen of Red River to join you in putting down military rule in our country: and Lhe speedy establishment of a mail route from the town of Nacogdoches to Picon Point, Jonesborough, and such olher places near Red River, as you may deem necessary, is rcspeclfully recommended as the only sure and

23

speedy means of communicating with that interesting part of our country; and I would ask your instmctions and direcnon~ to the post master general, on this subject. As connected with the interest of the people of Red River, a letter from the hon_orable John Forbes is herewith communicated, and the sentiments therein contained respectfully recommended to your consideration. I herewith transmit a letter of recommendation from major Arthur Henrie, in favor of lieutenant Henry Teal, and Jacob Snively, and giving notice of the non-acceptance of Mr. James Carter, of his appointment of captain in the regular army, all of which is respectfully submitted. The condition of our fellow-citizens at San Antonio, who were wounded at the storming of that fortress, and that of the garrison and town at that place, will claim your earliest attention. I am informed that many of the brave men at that post, are without the necessary means to promote their recovery from wounds received in your defence; and the troops stationed there are represented to be in want of the necessary supplies, and many of the unfortunate inhabitants reduced by the war, from opulence and east, to penury and want. Humanity and sound policy alike dictate the adoption of such measures as their misfortunes and sufferings require, and your philanthropy will generously extend; will be a fair and equitable remuneration for losses sustained by the campaign against San Antonio. The widows and orphans of the heroic men who have fallen in battle in defence of the rights and liberties of the people of Texas, or died in the service, expect you to extend a kind and parental hand for their relief. To generously reward those who nobly fall fighting for constitutional liberty, by wiping the tear of sorrow from the cheek of the bereaved widow and unprotected orphan, made so in our defence, is among your imperative duties, and will receive, I am persuaded, your willing and prompt attention. Allow me to submit to your consideration the necessity of proceeding by law, for the protection of the vested rights and privileges of our fellow-citizens who are settled, or who have claims to lands within or near the settlement of the Cherokee and other tribes of Indians: and I would also recommend the immediate appointment of a commissioner to treat with the said

' I I,

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Indians, to act in the place of general Samuel Houston, who is on the march of the weslern frontier, and cannot now meet and co-operate with Lhe other commissioners already appointed. I deem this an important and necessary measure, lending to the protection and security of the frontier settlements, by securing the friendship of the Indians, and at the same time doing justice to our own citizens, whose rights ought to be preserved inviolate. On the vigorous prosecution of the war against the centralists of Mexico, with general Santa Anna for their leader, depends the safety and happiness, the liberty, nay, the very existence of the Anglo-American population in Texas, and their friends who have been, and are slill co-operating wilh them. Allow me to urge the immediate reduction of the town of .Matamoros and it dependencies, together with all places on or near the Rio Grande, that would give the country immediate facilities, that will greatly accellerate our future operations, and put it in our power either to carry the horrors of war into the enemy's country, or conclude a peace both honorable and advantageous to ourselves; for be assured the terms must be dictated to the enemy by the triumphs of our arms. And I indulge Lhe hope that every measure calculated to promote so desirable an object will meet with your prompt and cordial attention. Permit me to congratulate you and the country, on the union and harmony of your council, that has so happily prevailed throughout your deliberations; and it is confidently hoped that the same devotion to the best interests of the country, may continue to animate and guide you to the termination of your arduous labors. Union of councils, and a vigorous co-operation of all portions of the country, with the able and timely aid from our friends in the United States, have already driven the proud and vain-glorious oppressor beyond our border, and given an earnest of what may be expected if he has the temerity to profane with his unhallowed footsteps the soil of freemen: the pathway that he shall be compelled to take in his flight, will be crimsoned by the best blood of his nation, and his funeral pile will serve as a beacon light, for future generations to beware how they invade the rights and privileges of the countrymen of Washington, for like the strong man armed they will lay hold of the pillars of the stale, and only fall with the destruction of the temple of freedom.

25

.I

'I ,,.

,,,,_

That the Supreme Ruler of the destinies of nations may !!uide you by his wisdom in your deliberations, and that a form of :overnment such as the people shall choose, with a speedy and honorable peace, may be the happy result of your councils, is the sincere wish of

your fellow citizen, James W. Robinson.

San 'Felipe de Austin, Jan. 14, 1836. I 1787)

[SANTA ANNA to FILISOLA]

Army of Operations Excellent Senor:

With your Excellency's official letter of the 10th of this month I received a letter from Lieutenant Colonel D. Juan Cuevas [aide to General Filisola], of the 12th, in which he tells me that he had met up with Colonel D. Ricardo Dromundo in Salinas de Victoria, and that the following day he would be in Candela, where he should join your Excellency. Upon the receipt of this, all the want which that division was suffering must have slopped, as it will have received the ten thousand pesos assigned to it. I trust that your Excellency will immediately forward to General Ramirez the remaining twenty thousand pesos, as the distance makes another remittance difficult. It no longer being necessary to recruit more men for the army, the order which I issued your Excellency, from San Luis Potosi regarding this is not to be carried out. Your Excellency will adYise the Purveyor General, Colonel D. Ricardo Dromundo, that besides the food which he has been ordered to purchase, he must have from three to four thousand five hundred arrobas of hardtack made, which is very, very necessary. J especially commission your Excellency to have five hundred fat saddle-broken horses gathered from the vicinity, even from the nearby farms, which must be taken care of in good pastures, to replace the army's cavalry horses, which are in bad shape. The payment for those horses will be made when I arrive at that place.

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For God and Liberty. General Headquarters Leona Vicario. January 14, 1836. Antonio Lopez de Santa Ana. Excellent Senor, D. Vicente Filisola, Second in Command of the Army of Operations. (1788) [STEWART to COUNCIL] To the Honorable the President and Members of the General Council Gentlemen I have the honor to acknowledge the receipt of two communications from your honorable body-One by the hands of your Secretary notifying me of my being held responsible for all public documents in my hands [torn] J udgc Hanks directing me to communicate with [the] Lieutenant Governor [instead of the] Governor in my official capacity and to hold the papers and archives of this office subject to his orders Upon deliberate reflection I am impelled to the conclusion that there cannot exist any other government than that created by the General Convention in November last until the reconvention of that body, Sworn to ohey the regulations and commands of the consultation whose chiefest act upon the weightiest deliberation was to decree the organic law. I am compelled to regard you as the legitimate Legislative power and your Excellency H Smith as the only legitimate Executive officer upon special nomination and con- sequent appointment by your honorable body I was made Secretary to the Executive Department and must consider myself responsible to you [torn] and controlled Ly the [torn] It is a source of very deep regret that there exists the necessity for me to [torn] in opposition to the commands of your honble body-but I cannot conceive there can be correctly any other course pursued by me. I take this opportunity to ·express to every member of your honorable body my grateful feelings of the unvarying courtesy and kindness by each extended me in daily intercourse, and my warm personal regard I have the honor to be Gentlemen with the highest respect your obt Charles B Stewart ·san Felipe Jan 14, 1836

27

(1789] [YATES to AUSTIN et al]

New Orleans Jany. 14. 1836.

~lt'~I'$. SF. Austin BT. Archer & W. H. Wharlon Cl,mmi5Sioners &c Gentlt'men.

I propose to offer my services to the Government, subject to your direction, for the purpose of proceeding immediately to tht' City of New York, and purchasing a Steam Boat, and having this armed. equipped and fitted for a sea voyage, and bringing her out to Galveston Bay, or such point as you shaU designale, loaded ,,ith such prO\isions, passengers & munilions of war as you shall direct · I believe I can purchase a Steam Boat at that City, & have her fitted and equipped complete, of about the base Wht of 200 or 250 Tons for Sl5.000 or $18.000 that I can procure a large number of passengers to go out in this, say 200 at $50. each, thal I can procure the munitions of war cheaper there, than they can be procured here, that I can procure an excellent Military Engineer, if needed, and that the whole can be obtained on a letter of credit of the Commissioners, payable at the time the sum taken out on the recently negociated loan becomes due, the Commissioners pledging the scrip to the amount of the sum required to secure the payment thereof. The advantages of ha,~ng such a vessel must be manifast, in transporting troops to any part of the coast, and in taking \'Olunteers from the United States to Texas, as well as in defending and protectinu the coast and I believe that the vessel could be at " , the Bay of Galveston ready for any services to which she might be destined in 60 days from this date. I would expect the Commissioners to --- ----------- ---~ the funds sufficient to cover any expenses, and leave the summation I am to receive to the Government to be determined on my return. I feel 1 a great anxiety to ai 1 d the country of my adoption in its present struggle, as far as my feeble powers are capable. ~t the present crisis, and am willing to leave my own prospermg busmess,

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i

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w...--. al

llll .&a- - - - - - - --llilliilliiiii-liiililiiiliiiiiiiiiiiiii-iiiiiiiiiiiiiiii

and private interests al the present time for that purpose.

I remain with sentiments of the highest respect and consideration your obedt. servt. A J. Yates

[1790} [BUTLER~ FORSYTH]

[Anthony Buller, Mexico City, to John Forsythe, Washington, D.C., January 15, 1836, complaining about having been recalled as Minister to Mexico, discussing Santa Anna's march to Texas, and outlining the state of government in Santa Anna's absence.] [1791 J [HOUSTON to SOLDIERS]

[January 15, 1836]

Comrades, Citizens of Texas!

Another time I am appearing before you, and it is with the most fervent desire that this time, at least, my words will find general approval. Our proclamations to the other states of the .Mexican Confederation, asking them to support us in our struggle for the restoration of our former rights, and for the protection of the Constitution of 1824, have, as you all know, been without results. Even many of the Mexicans who live between the Sabine and the Rio Grande have disdainfully forsaken the cause of freedom, and have not only denied us their support but united themselves with the troops of Santa Anna and as enemies waged war against the land. 0 thers have gone beyond the Rio Grande in order to smother us in conjunction with the next invasion. Still others have gone to their plantations on the banks of the forested rivers apparently to idly observe the war. These, comrades, are for us the most dangerous, because he who is not with us is against us. Also, from the otherwise liberal inhabitants of Zacatecas we have observed no movement in our favor. No other help remains for us now than our strength and the consciousness that we have seized ,our arms for a just cause. Since it is impossible to call forth any ~umpathy from our fellow .Mexican citizens and so support is to be

29

---=--------------------

U L of all the ·

expected from this side, and as they let us, the sma es provinces, struggle without any aid, let us then, comrades, s~ver that link that binds us to that rusty chain of the_ Mexican Confederation; let us break off the live slab from the dymg cactus that it may not dry up with the remainder; let us plant it anew that it may spring luxuriantly out of the fruitful savanna_h. ~or. will the vigor of the descendents of the sturdy north ever mix with the phlegm of the indolent Mexicans, no malter how long we may live among them. Two different tribes on the same hunting ground will never get along together. The tomahawk will ever fly and the scalping knife will never rest until the last of either one tribe or the other is either destroyed or is a slave. And I ask, comrades, will we ever bend our necks as slaves, ever quietly watch the destruction of our property and the annihilation of our guaranteed rights? NO!! Never! Too well I know my people. The last drop of our blood would flow before we would bow under the yoke of these half-Indians. On my journey through the province, I have had opportunities enough to learn the wishes of our countrymen. All of Texas is for separation. Even some prominent Mexicans, who are living among us, are preaching loudly that we should sever the bond that binds us to Mexico. "Texas must be a free and independent state," is the general word. A general convention of the representatives of the People will be held in Washington on the first of March of this year. It is the duty of the army to send several representatives; and I hope that my conrades will elect only men who will vote for our independence, will fearlessly proclaim our separation from Mexico, and what they decide upon, comrades, we will defend with our arms. For a few moments more of your attention I must beg, my friends. There is general complaint about the negligence of the government in supplying the troops with war materials. But to eliminate the cause of this complaint lies beyond the power of the governor. Shiploads are on the sea, and only northwest winds have prevented their running into our harbors. Possibly, even now, they lie safe in the Matagorda Bay, and the citizens will hasten to deliver the cargoes lo the army. [Sam Houston]

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