197
.WRITINGS OF 5AM HOUSTON, 1838
TO JOHN BIRDSALL 1
City of Houston, Feb. 22, 1838
Hon. J. Birdsall, Attorney General, Sir, You are hereby requested to act as Secretary of State, during the absence of Dr. Irion from the Seat of Government. Sam Houston 1 Executive Letter Book, No. 2, Texas State Library. ~John Birdsall (about 1787-July 22, 1839) second Chief Justice of the Republic of Texas, son of Maurice Birdsall, was born at Greene, Chenango County, New York. While he was still a youth his parents moved to Chautauqua County. The boy had good educational advantages and at an early age began the study of law. His ability was recognized by his friends and acquaintances and when he was not yet twenty-one years old, Govc1·nor DeWitt Clinton appointed him court judge of the ·sth judicial district. In 1831 he became a member of the New York Assembly from Chautauqua County; he was a member of the New York Senate from 1832-1833. He resigned as senator on June 5, 1834, on account of ill health. In the early autumn of 1836 he joined a company of relatives who were moving to Harrisburg, Texas. He met President Houston while en route to his new home. The men were mutually attracted to one another and the friendship begun at that time, grew with time and knew no break or interruption. Immediately upon the death of James Collinsworth, the Brazoria Bar wrote Houston a letter strongly endorsing Birdsall as his successor, and on August 4, 1838, Houston appointed him as the Chief Justice of Texas, a position he held throughout the remainder of Houston's first administration. With the te_rmination of Houston's term of office, Birdsall resumed his private practice of law, and invested a. considerable sum of money in Texas lands and Texas Government securities, and began preparing a suitable home for his wife and child whom he had left in New York when he came to Texas. On January 8, 1839 he and Houston formed a law partnership (see The Southwestern Histo1-ical Quarterl71, XXVI, 50), but it was to be short lived, for on July 22, of the same year, Birdsall died of yellow fever. The funeral address was delivered by Colonel Albert S. Thruston (see Telegmpk and Texas Registe1·, July 24, 1839); the interment was in the Harris-Birdsall Cemetery at Harrisburg, Birdsall being the first to be buried there. See The Southwestern Historical Qua1·te1·ly, XXVI, 44-47. J. H. Davenport, The Histo1·y of the Supreme Court of Texa.s, 10.
To HENRY SMITH, SECRETARY OF THE TREASURY 1
City of Houston, 22 Feby 1838.
Sir You will proceed to deposit with the Treasurer an amount sufficient, of the new issue, to meet the requisition of the
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