Sept 24 1836 to Oct 24 1836 - PTR, Vol. 9

Papers of the Texas Revolution, Volume 9.

The Papers of the TEXAS REVOLUTION 1835-1836

John H. Jenkins general editor

Volume 9

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

Editorial Advisory Board

Maj. Gen. Thomas S. Bishop Dr. Donnan 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.

[4246) [BURNET to MORGAN]

Executive Department Velasco 24 Sept. 1836

To Colonel James Morgan Sir

In my letter of instructions, to you of 22d inst. you are restricted lo IO per cent of intere·st to he allowed in any loan you contract for on account of this government. On further reflection it has occured to me that the important military supplies which you are charged to procure may fail lo be obtained for lack of small matter of interest, to the great detriment of the public. Should you therefore find it impracticable to negociate a loan on the term suggested in my former letter, you are authorized lo extend the rate of interest to twelve and a half per cenlum per annum. You are also authorized to receive any donations or contributions of arms, ammunition, clothing &c. that the liberal friends of human rights, may be disposed to make lo our cause and tender to such donors the warmest thanks of this government.

Your Obt. Sevt David G..Burnet

[4247) [BURNET to TOBY]

Executive Department Velasco 24 Sept 1836

To Thomas Toby Esq Texas Agent Sir

The bearer of this Major W. R. C. Hays, goes to the U S · with a view to introduce emigrants to our new Country and it is the wish of the Government to aid his operations. You will therefore please furnish to Major Hays Script for land, on account of this Government, to the amount of one thousand Acres, which he will dispose of at or over the minimum price.

Your Oht Servt David G Burnet

[4248) {BURNET to TOBY]

Executive Department Velasco 24 Sept, 1836.

To l\'lessrs T Toby & brother Texas Agents Gentn.

The brigantine David Crockett under the command of Capt William Chase proceerls to your city for the purpose of repairs She need to be cleaned &c &c as you will observe in the letter of the Sec of the Navy accompaning this. You will be pleased to furnish to Captn Chase the means necessary to accomplish the repairs that may be wanted. It is important that this vessel be despatched and return as soon as practicable You will please employ your best endeavors in this behalf

Your obt Sevt David G Burnet

[4249)

{MCLEOD to BOYLAN]

Navy Dept. Velasco. 24th Sept. 1836

To Captain J Boylan Sir,

You will prepare your Vessel to proceed round to Matagorda Bay as soon as practicable and any little repairs she may need let it be done immediately you will let me know how many men you will require to assist you in hauling her up-By order of the Sec of the Navy

Jno D McLeod Chief Clk. Navy Dept.

[Addressed:] Captn J. Boylan Sehr. Viper Transport Present

(4250) [TOBY INVOICE]

Invoice of Sundries, Shipped by Thomas Toby & Brother on board Sehr. Congress-Williams Master, bound for Galveston by order and for account and risk of the Republic of Texas.- IO Cannon. the cost to be settled for hereafter 2 Gun Carriages 3258 Feet Pinc Plank

284.38

a 3 cent Drayage

97.74 4.50 44.44 6.00 96.00 144.00 51.88 9.50 116.78 205.00 360.00 70.00 337.50 371.25 1.50

102.24

131 Ash Plank

Drayagc 1200 lbs. a 8 cent 1800 lbs. a 8 cent 415 lbs a 1.00 Dray age 631¼ yrs. a 18½ cent 200 yrs a )02½ cent

50.44

100-12 lbs Shot 100-19 lbs Shot Cannister Shot

301.38

l Bale Lowel Cottons 4 Cases Russett Brogans 5 Cases Containing as follows 40 Doz. Duck Shirts 5 Doz. Bro Linen Pantaloons 25 Doz. Blue Drilling Pantaloons 297 Red flannel Shirts

a 9.00 a 14.00 a 13½ a 1.25 Drayage a 5 cent a 6 cent

1,462.03

40 Barrels Bread, vir

38 Bbls. Navy 3211 lbs. 2 Bblcs French 115 lbs.

160.55

6.90 40 Bbls. a 10 & Drayage-1.50 11.50

178.95

2 Casks Containing

3 Sheet Iron Camp Kettles a 3.00 12 Coffee Boilers - 6 a 3 cent & 6 a 2½ cent 33.00 29 Soldiers Canteens a 3 cent 17 Doz. Pint Cups at $ 300-6 lb Shot Cannisters a 31¼ cent 300-4 lb Shot Cannisters a 25 cent Drayage 2 Boxes & l Keg Medicines for Requisition 1 Ox Cart 1 Wheel Barrow

9.00

10.88 17.00 93.75 75.00 75

242.38 48.11

100.00 6.00 1.50

Drayagc

107.50 forward$2,777.41 2,777.41 750.00 176.37 Dolla. 3,703.78

Amount broulht forward a6$ Commissions a 5?'o

125 Kegs Powder

E.E.

New Orleans 25 Sept. 1836 Thomas Toby & Brother

[4251] [ELLIS to MONASTERIO]

Legation of the United States of America, Mexico, September 26, 1836. The undersigned, charge d'affaires of the United Stales of America, has the honor lo represent to his excellency the acting l\linister of Foreign Affairs, that the schooner Northampton, burden nearly seventy tons, of and from New York, William M. McKeige, master, stranded in the early part of the present year five leagues west of the Tabasco river, with a full and assorted cargo on board, the greater part of which was safely landed by the officers and crew of said vessel. The loss to those interested resulting from this accident would have been inconsiderable, had not the custom-house officers and military taken forcible possession of every article saved, as soon as they arrived at the wreck. Against so violent and illegal a proceeding, the officers and crew of the Northampton protested; whereupon they were immediately assaulted, and the mate severely wounded by one of the custom-house officers. After this occurrence, the goods were abandoned to the officers and soldiers aforesaid, who at once commenced plundering and secreting the most valuable articles belonging thereto. The officers and crew of the schooner then proceeded to the city of Tabasco, made a formal abandonment of the whole into the hands of the United Stales consul at that place, and furnished him with a list of the goods acll.ially saved from the wreck, as well as a manifest of the entire cargo. On the consul's taking charge of the goods which had been left in possession of the custom-house officers and soldiers, not one-half of those saved from the wreck were delivered to him, nor was any account given of the balance. These circumstances were represented to the proper authorities in Tabasco, but they have, up to this moment, refused or neglected to give any explanation or redress to the injured parties. Such illegal, violent, and arbitrary acts on the part of the officers of the Supreme Mexican Government, affecting so seriously the persons and property of those ·entitled lo its protection, furnish a just cause of complaint; and the frequency of their recurrence of late, the indisposition of this Government to

i I ...

inquire into them, to granl satisfaction for Lhem, or lo take proper steps to prevent their recurrence, can by no means tend to strengthen that spirit of forbearance with which Lhe Pn:sident of the United States has hitherto acted towards Mexico; entertaining, as he does, a sincere sympathy for her domestic troubles, and an anxious desire to cultivate the relations of peace, friendship, and good neighborhood wilh her Government and people. To satisfy your excellency that the above statement is based upon facts, the undersigned will refer to the following cases, a majority of which have heretofore been brought lo Lhe notice of this Government, and all of which have occurred since the conclusion of the treaty of amity, commerce, and navigation between the two countries. On the 31st of December, 1831, an alcalde of Menotillan, on the Guazcualco river, instituted what is said to have been an illegal, arbitrary, and oppressive proceeding against Doctor John Baldwin, a citizen of the United States, under color of a suit at law preferred and carried on against him by a creature of the alcalcle himself. Baldwin appeared before the alcalde to answer the charge: an altercation ensued, and the alcalde ordered him to the stocks; which Baldwin refusing lo submit to, he attempted to escape, and was pursued by a party of armed soldiers who attended the court. In the race, Baldwin fell, received an injury in one of his legs, was captured, carried back into the presence of the court, placed in the stocks, and afterwards imprisoned. In February, 1832, the schooner Topaz, of Bangor, Maine, was employed by the Mexican Government to carry troops from Matamoras to Galveston bay. The master and mate were murdered by the soldiers on the passage, the crew imprisoned, and the vessel seized and converted to the Mexican service. On the 21st June, 1832, the American schooner Brazoria was seized in the port of Brazoria, by John Austin, the Mexican military commandant in that quarter, and employed to make an attack upon Anahuac, then in the possession of insurgents. During the attack, she was so injured as to be rendered unseaworthy, and was subsequently abandoned as a total loss; for which the underwriters have received no compensation. In the summer of 1832, the steamboat Hidalgo, and schooner Consolation, belonging to Mr. Leggett, were forcibly taken possession of by Mexican officers in Tabasco, and used by

them for their own purposes. The brig John, belonging to the same gentleman, was also detained, and money extorted from him. The consequences resulting from these acts are represented to have been minous to the sufferer; and the l\foxican Government is clearly bound, under the treaty, lo indemnify him for them. In March, 1834, Captain McKeige, of the schooner Industry, of Mobile, was imprisoned at Tabasco, and an exorbitant fine demanded of him without cause. The payment of this fine being made the only condition on which he could be allowed to depart, he abandoned his vessel and cargo to the authorities, who afterwards sold them. In the summer of 1834, the brig Paragon, of New York, was causelessly fired into, on her way to Vera Cruz, by the Mexican armed schooner Tampico. In reply to an official representation on the subject by Mr. Butler, this Government promised that the affair should be inquired into; but there is no evidence that this promise has been complied with. In the beginning of May, last year, the answer of an officer, supposed to belong to the custom-house, who boarded the brig Ophir, of New York, on her arrival at Campeachy, to an inquiry of the captain as to which of the ship's papers it would be necessary to present at the custom-house, was accidentally, or intentionally, misinterpreted. In consequence of this, notwithstanding all the papers were shown to the boarding officers, the invoices only being exhibited at the custom-house, the vessel was seized and condemned. In May, 1835, also, the schooner Martha, from New Orleans, was seized at Galveston bay by the Mexican armed schooner Montezuma for an alledged non-compliance with certain formalities of their revenue laws. Four of the passengers of the Martha were put in irons under the hatches of the Montezuma, and otherwise treated with great barbarity, because of an imputed intention to use their fire-arms against a guard that had been placed over them on board the Martha. In November, 1835, the schooner Hannah Elizabeth, of New Orleans, was stranded on the bar in attempting to enter Matagorda bay. While in this condition, she was fired into by the Mexican armed schooner Bravo, boarded by twenty armed soldiers, under the command of two officers, who forcibly took the master, crew, and passengers from the wreck, pillaged them of

most of their clothes, and chained them in Lhe hold of the Bravo until their arrival at Matagorda, where they were continued in confinement. Through the urgent representations of the consul of the United States at that place, however, all but the captain were ultimately released; and although a respectful note was addressed to your excellency in relation to this transaction, under date of the 30th of May last, the undersigned has not been able to ascertain whether that unfortunate individual (the captain of the Hannah Elizabeth) still_ remains confined in the dungeons of the Bravo de Santiago, or whether any satisfaction has been offered for an outrage so daring. On the 17th of February last, William Hallett and Zalemon Hull, citizens of the United States, were arrested in the streets of Matamoras by a party of armed soldiers, who struck Hull in the face with a sword, and forcibly took both to the principal barrack •in that city, where they were confined upon suspicion of being about to proceed to Texas. Sentinels were placed at the doors of the consul's residence subsequent to the arrest of Hallett and Hull, under false pretences, and all communication therewith prohibited. Armed soldiers broke open his gate during his absence, forcibly took a mare and two mules belonging to him, entered his house with drawn swords, and searched every room in it, with the avowed object of finding the consul himself. Hallett and Hull have been released; but to the note addressee\ to your excellency, on the 9th instant, on this subject, no satisfactory answer has been received. The schooner Eclipse, Abner Lane, master, of Mobile, arrived off Tabasco in .March last, with a cargo of lumber; and, on being boarded by an officer of the customs below the city, the captain delivered his papers, agreeably to the laws of Mexico; he was then ordered on shore, and there detained until the ensuing morning. At that time the officer alluded to made search of the vessel for contraband goods, and then sealed the hatches, forecastle, and bulkheads; which being done, a guard was left on board, and the vessel despatched up the river. On her passage up, she was visited by four or five boats that reported themselves as belonging to the custom-house; but they had no ensign or other mark to distinguish them as such. Each of these boats overhauled every thing on board not under the custom-house seal, and forcibly took the ship's provisions for their own use, leaving the

crew on short allowance. After the arrival of the vessel at the city of Tabasco, additional guards were placed on board. The che captain was then given to understand he might land his cargo; but on the following day the guard was again increased in number, and he was not permitted to discharge his vessel with her own crew-laborers having been sent from the shore lo perform that duty, contrary to the captain's expressed wish. After the vessel was discharged, another unsuccessful search for contraband goods was instil11ted, in the prosecution of which the cabin and furniture were much broken and otherwise injured; notwithstanding all which, an exorbitant bill of expenses was presented to Captain Lane for discharging the vessel as aforesaid, and, upon his refusing to pay the same, and making a formal abandonment of the vessel, she was seized and he imprisoned. At the last advices received, the one still remained in close confinement, and the other fast moored in the river. In April last, the brig Jane, the schooner Compeer, and other vessels of the United States, were forcibly detained for a length of time at Matamoras. And in May last, the consul of the United States at Tabasco was summoned before an alcalde of that city, and required by that functionary to authenticate public documents under the consular seal of his office. Upon his refusal to comply with this extraordinary demand, he was ill-treated, and threatened with imprisonment; the alcalde thereby constituting himself an arbiter to decide upon the propriety of the discharge of duties confided lo an officer bearing the commission of a foreign power, to whom alone he is responsible for the faithful discharge of all his public obligations. The flag of the United States has been repeatedly insulted and fired upon by the public armed vessels of this Government; her consuls, in almost every port of the republic, have been maltreated and insulted by the public authorities; her citizens, while in the pursuit of a lawful and peaceful trade, have been murdered on the high seas by a licentious and unrestrained soldiery. Others have been arrested and scourged in the streets, by the military, like common malefactors; they have been seized and imprisoned under the most frivolous pretexts; their property has been condemned and confiscated, in violation of existing treaties and the acknowledged laws of nations; and large sums of money

have been exacted of them, contrary to all law. These acts of outrage and oppression, with the numerous other complaines which have been made, from time to time, and which still remain unredressed, have painfully impressed upon the mind of the President of the United States that the great moderation and forbearance which he has, on all occasions, practised towards Mexico, and the friendly and benevolent motives which have led to it, have not been properly appreciated; and he now feels himself constrained, by a high sense of duty, to ask of the Mexican Government such reparation as these accumulated wrongs may, on inquiry, be found to require. The undersigned is also instructed to make known to your excellency, that it is expected that any damage which may have been sustained by citizens of the United States, in consequence of the recent embargo at Vera Cruz, Tampico, and other Mexican ports on the gulf, will be repaired, pursuant to the stipulations of the treaty. The private claims, generally, of citizens of the United States, to a vast amount, arising out of flagrant violations of the laws of nations, have been made, by my predecessors, the subject of repeated and unavailing applications to this Government for adjustment. After these unexpected procrastinations in rendering justice to those who had been invited into the ports of the republic, under the most solemn guaranties of protection, it cannot be a matter of surprise that the United States should ask that their claims may be investigated, and acknowledged, if found to be correct. Every principle of international law, and of equity, requires that remuneration should be granted to the sufferers, who have been thus reduced to ruin and beggary by the unauthorized acts of men who have violated the laws and usages which regulate and control the commercial inter.course between all civilized nations. Such remuneration is due to that high sense of honor and justice which the undersigned confidently believes will ever animate the Mexican Government in maintaining those friendly relations which so happily exist between the two republics: and, permit him to add, it is due to the honor, the interests, and the rights of his own country. Many of the cases not enumerated, as well as those now particularly referred to, marked, as they are, by the strongest evidence of cruelty and injustice, cannot be made a matter of

controversy at this time. The established principles of public law, governing the rights of those interested, are too clearly defined to leave a doubt upon the questions involved in a settlement of the claims now respectfully submitted to the consideration of the Mexican Government. The undersigned cannot conclude this note, without expressing his assured confidence that the enlightened and liberal views, and known sense of justice, of his excellency the President ad interim of the Supreme Mexican Government, will impel him speedily to arrange, with entire satisfaction, these alleged causes of complaint against that Government. The undersigned, therefore, in compliance with instructions from the President of the United States, demands that full reparation be made to all persons who have sustained injury in the several cases now set forth; that all private claims of citizens of the United States on this Government be promptly and properly examined, and suitable redress afforded; and that due satisfaction be given for the numerous insults offered to the officers and flag of the United States, as hereinbefore represented. The undersigned improves the present opportunity to renew to Mr. Monasterio the assurance of his very distinguished consideration.

Powhatan Ellis.

To His Excellency Jose Marie Ortiz Monasterio, Acting Minister of Foreign Affai~s. [4252] (BURNET to PUBLIC]

To The People Of Texas No. 4.

The events of the period briefly described in my last number, were intensely critical in the affairs of Texas. The being of a nation is, in some respects, analogous to that of an individual. The infancy of the one is comparatively as frail and as dependent as the other. Texas was then in its very infancy and has not yet reached its adolescent state; and is not in a condition to withstand the shocks of a violent collision, between the civil and military departments. Government of mature years and strength have often been compelled to yield to or be destroyed by them.

....

The violent and dictatorial language of the army, the pragmatic and senseless denunciation of the newly arrived volunteers and the overheated anathemas of many citizens, all concentrated in one portentous mass, upon the members of the administration, and especially on myself, were well calculated to weary the patience of men, who had rather consented to discharge the arduous duties, than courted the honors or the emoluments of office.-At the moment the tumult had reached its acme of excitement it was seriously proposed in cabinet, to make a simultaneous surrender of the government to the people, the fountain of all political power. The proposition was, I _believe, congenial with the individual feelings of every member present: but I resisted it on the ground that our abandonment, at such a juncture, would throw Texas into irretrievable anarchy and confusion. I felt in common with my associates, the injustice and the cruelty of the denunciations pronounced against us: but I also felt, that the well being of the country demanded a sacrifice of feeling; and I preferred being abused for a season to the abdication of my office and the jeopardizing of every hope of success in the great enterprize, the establishment of the independence of Texas, to which I had solemnly pledged my utmost exertions. But the civil government, shorn as it was, of all moral ·and physical power, continued to discharge its functions; to sustain its foreign correspondence; to provide supplies for the army; and to retain a semblance of authority, even after it had been put at naught, by those whom it was intended, and was assiduously endeavoring to benefit. If that proposition had been acceded to and the helm had been deserted, when the waves of popular commotion were beating most vehemently, who can depict the disasters of the shipwreck that would have ensued? There was no organized power, to which the functions of government could devolve: the constitution was not yet ratified by. the people, and had not assumed the character and authority of a social compact: and consequently, the bonds of the incipient political society, would have dissolved into elementary confusion. This chaos could only have been reduced, harmonized and reorganized, by another primary convention of the people; and until then, every one, the vicious and intractable especially, would have felt at liberty to do "as should seem good in their own sight." And where then would

have been the army of Texas; and how would that army have been furnished? where would have been the credit of Texas; and where the prospect of a speedy recognition of her independence, by any power on earth? Where would _have been Texas, and the settlers of Texas? The settlers of Texas would have been harassed beyond all sufferance, broken up, and destroyed. Texas would have remained, in her locality, a delightful portion of the earth; but she would have relapsed, for a season, into the solitude in which we old settlers found her. The recognition of Texas would have been the event of a fuhire generation. The credit of Texas would have sunk beyond all hopes of redemption; and the army of Texas, destitute of all means of subsistence, would have dissolved; and many an angry and vicious spirit in that army, disbanded and loosened of all restraint, would have prowled over the country wreaking his vengeance or satiating his rapacity, on the peaceful and unoffending citizen in "putting down the enemies of Texas." Texas herself would have been prostrate, ruined and disgraced. This extremity was happily avoided. My answer to the army remonstrancehadbeendespatched:butevery report from what quarter indicated a high and feverish excitement; and it was difficult to determine what a day would bring forth. The situation of the government was embarrassing in the extreme. Suspicions of the foulest character were entertained and openly declared by some, of the integrity of the _administration: and an universal indignation seemed to pervade the country at the thought of liberating Santa Anna. Bribery and corruption were vociferously imputed to the executive, and new-fangled pseudo-patriots, trampled through the land to propogate the vile slander. But we always had the consolation to believe that the character of the imputation of the authors of it, were homogeneous. We felt that we had failed our solemn engagement to the President of Mexico; butwealso had a conscience that no moral turpitude could be attributed lo us, as far a breach of convenant: for where no violation is, there is no moral reponsibility. Being persuaded that the army had been abused and misled, by intrigue and falsehood;! determined to make an appeal to their good sense and patriotism: and at least, to inform them of the extent to which the government was compromitted, in regard to the extent to which the government was compromitted, in regard to the treaty. It was not expected that any considerable change of

measures would ensue that appeal; for I was sensible the "exasperation" was too high for the voice of reason, or the appeals of patriotism lo allay. But I was resolved that those who had assumed the responsibility of infracting the treaty, should be without the excuse of ignorance in doing so. I accordingly drew up the following address, which was conveyed to the head quarters of the army, by Col. J. A. Wharton, whose conducl throughout the late excitement, had been marked by a bold, manly and enlightened and independence....

David G. Burnet [September 27, 1836]

[4253)

[GOROSTIZA to FORSYTH]

Legation Extraordinary of Mexico, Washington, September 27, 1836. Sir: I have again read the statement of our conference of the 23d instant, which you, Mr. Secretary of State, have drawn up for the Presidenl, and have found it substantially correct. I Lhink, however, it will be necessary, in order to avoid any misunderstanding hereafter, it have it explained that I agreed with you at the time on the prinicple that neither the Mexican Government nor any of its officers, by it order, could ever employ the uncivilized (savages) Indians in the conlest in Texas, without jeopardizing, to a certain extent, the security of the frontier of the United States, and the lives·and properly of its inhabitants; that hence, if at any time such a thing were done, (which appeared to me impossible,) and the Indians, at the,instigalion of the Mexican Government or agents, came to invade or commit hostilities against the territory of Lhe United States, in such supposed case, I agreed with you, that Mexico would have failed in the duty imposed on her by the 33d article of the existing treaty, and would have, moreover, violated the most obvious principles of the law of nations; hence, also, I considered that, in such a case, and in such a case only, would the United States be justified, after haveing repulsed the Indians, in occupying temporarily with their troops a position in Mexican lerritory, as a means of security from a similar immediate aggression, until Mexico should have satisfied them respecting what had occurred, and have given them sufficient

guarantees for the future. I repeal, however, that all this rests upon a merely supposed case. With regard to the communication which I mean lo address to General Urrea, as soon as the President shall have ordered the troops of the United States to evacuate the Mexican territory invaded by them, and not before, it will consist merely of a copy of the note which I shall write on this subject to my Government, making known the assurances given by me in its name to the Government of the United States, respecting the employment of the said uncivilized Indians, as imputed to it. This I expressed to you in the said conference, and I had, at the same time, the honor to inform you that, if I should now write to General Urrea, it would not be because I sought or needed his co-operation in this matter, but because I considered it advantageous to aJl to all parties that the notification of my agreement with this Government should be forwarded to him by the way of Pensacola and l\iJatmoras, instead of allowing him to wait until he should receive it from lVIexico. His answer to my communication could be nothing more than acknowledgement of its reception; and I could therefore never have thought of abiding by it (gobernarme) in any way. I beleive, from my acquaintance with the principles and intentions of my Government, that I can, without fear, take upon myself any responsibility to which this affair may subject me. I embrace this opportunity, !\'Ir. Secretary of State, to repeat to you the assurances of my most distingusihed consideration. M. E. Gorostiza. Hon. John Forsyth, Secretary of State of the United States. [4254] [HARRISON, ET AL, RESOLUTIONS]

Camp Johnston, Labaca River, Texas. At a meeting of the officers of the army of Texas, held

September 27, 1836:

On motion of adjutant-general A. Sidney Johnston, Colonel Charles L. Harrison was called to the chair, and

brigadier major Charles De Morse appointed secretary.

t ' .L

After some remarks explanatory of the objects of the meeting, the following resolutions offered by the secretary were unanimously adopted. · Resolved, That it is with great regret, enhanced by the virtues and talents of the deceased, that his fellow officers of the army of Texas, heard the early and sudden death of captain Wm. H. Rogers, of the Kentucky volunteers. Resolved, That if the full appreciation of worth of character, the conferment of military honors have any effect in assuaging that must necessarily overpower the relatives and friends of the deceased, upon the reception of the news of his death, in his native slate,- if the knowledge, that a whole army sympathizes in the bereavement, will have any effect in softening the unexpected and most bitter pang, then have his relatives, the friends of his early life, and in particular the brothers of his blood and heart, the brother who has watched unceasingly by his bedside from the first moments of attack, in almost utter defiance of the calls of nature for repose and sustenance, have some little consolation in their grief. Resolved, That so many of the field and staff officers as can leave the camp for the place of his last illness, will proceed to Dimitt's Landing, and unite in the funeral honors for the departed. Resolved, That a copy of the preceding resolutions be lTansmilled to the family of the deceased, and a copy of them published in the Texas Telegraph, the True American of New Orleans, and the Lexington (Kentucky) Reporter. Charles De Morse, Charles L. Harrison; Secretary. Chairman. (4255] (MEXIA to LAMAR]

Genl. Mirabeau Lamar

New Orleans, Septr. 27th. 1836

Dear Sir,

I sieze the opportunity which affords me the departure of Mr. Robertson for your Republic, to sent you these few lines, the main object of which is to salute & congratulate you on the happy election by which your fellow citizens have so justly rewarded your merit,

For my own part, dear General, I am glad of such a choice, and I hope that under the administration of her new President, Texas will flourish & soon be able to stand amongst the first nations of the civilized world. I believe, Sir, that the day is at hand for Texas to make some steps towards a reconciliation with her ancient Metropolis. Hatred as well as men cannot be everlasting, nor is it just that men who once were united by the ties of a comun family, should longer remain in a state of continual warfare. The times gone belong to history, & there is no power, either in heaven or on earth, that can undo what has already been perform'd. Present & future are the vital principles of every man. · In the actual situation of Mexico, threatened as she is by France (and if we can guess by the conduct of the European powers) threatened by more than one foe, the least demonstration on the part of Texas would have a satisfactory result, & would lead to enter upon new relations equally advantageous to both countries. I therefore entertain the conviction that if a Texian Agent were now sent to Mexico under the guarantee and mediation of the American Government, he would almost certainly be received; and if the individual chosen for that important mission were a man of experience, probity, & well acquainted with the Spanish Language, if, without submitting to any humiliation, he would solicit the acknowledgement of right of the political existence of a people that has won by itself its existence de facto; and, if with a noble generosity he would make some insinuations in behalf of the triumph of Mexico over her European foes; in short, if the Negociator were a sensible and skilful man, & disposed to study well the national character, it is my most firm conviction, do I say, that he should succeed in a mission the good result of which I so earnestly desire, & which should be so important to your young Republic. I wish, my friend, you could reap yourself the glory of such a transaction, & that it should be attempted with that promptitud which require the actual situation of affairs in Mexico. I also hope my communication will me[e] t with a favour· able reception, because as I have already mentioned, I am convinced that what I wish wiU be beneficial to my own country, & wilJ for the future be the means of avoiding great many troubles, having thus an intermediatry power in case of difficulties arising between her & the United States

With great consideration & the best wishes for your

happiness, I remain

Sir, Your most affte Srt. Jose Antonio Mexia [Endorsed:] Jose Antonio Mexia N Orleans 27th. Sept 1839 Official

[Addressed:] To Gen. Mirabeau Lamar Houston Texas

(4256] [CANLEY to MORGAN]

Sloop Ohio galveston 28th Septr. 1836

Dear Sir

You will please to Excuse my abrupt Departure from your Quarters this forenoon which was occasioned by seeing you so much [illegible] in other business and also feeling a Delicacy in wageing the business of a State Pilots Commission haveing not yet Received one cent for this last ten months- Labour and work are consequently unable to procure a proper Boat for the business in the first 2 months the Expence will Be Considerable to Survey and Print the Charts of the Bays and Set up the [illegible] and Landmarks for all the Bays and bars also the [illegible 1 Bay Including the Pass to Oyster Creek if you will please to apply to the Secretary of the navy for a Diploma Necessary as also the wages monthly allowed by Government as to my ability for the business it can be investigation by Trial and Character from the ablest Steamer and merchants. I will use my utmost Endeavors to try and raise with your assistance Boat well adapted to the Bayous and a good sea boat of 28 feet in Length 72 feet in Breadth to about 37 feet debth And New York Cutter Builds Copper fastered as it is my intention to Stand and flagg it in and Outside Blow high and Loud as it them times is the principal [illegible] for a Pilot to Shew himself By Some attention to this you will greatly oblige your most Obedient and humble Servt John A. Canley P.S. Please Sir Excuse the writing, as my feverish as yet Eyes weak and [illegible] Light

[4257) [DIGGES to AUSTIN]

Washington County Sept: 28th 1836

Sir

After parting with you at Columbia I proceeded as expeditiously as possible to the neighbourhood of Mr. Landrums, to whom you gave me an order for a Horse, and from whom I received none; I was there taken very ill, but from the attention paid me by Doct: Fitchen, I was able in three days to proceed on my journey, which I was compelled to do even with a fever, as I could not prevail on any person to go in my place, who I could depend on:- On arriving at Nachadoges, I could only get five dollars in cash, and nine dollars worth of necessary summer apparrel; Mr. Thorn was in the U. S. of the North- Upon arriving at St. Augustine I applied to Mr. Hoghkis for funds and received five dollars of him. Upon arriving at Genl. Houston Quarters I made known my errand to him, he wished me to proceed to Genl: Gaines' camp and deliver the dispatches myself, but could render me no assistance, although my horse could then scarcely travell at all.- Upon seeing Genl: E P Gaines, I delivered the dispatches to him and was again attacked with the bilious fever; Gent Ganes requested me to remain a fiew days calculating on receiving some ·information from the U.S. that would be interesting to our government; but upon remaining the length of time he proposed and finding myself unable to travel: and believing it would be some time before I should recover my strength; and hearing that St. Anna was about to be tried by Court Marshall for murder; and believing he would be shot; I addressed a letter to Genl: Ganes on that subject and received in answer a letter which Mr. Moody will shew you; I have ever since and still continue to be sick or very unwell and weak, or I would have been or even now would visit Columbia.- Enclosed you will find a statement of my expenditure on the road, togeather with the monies recd. etc.--- It is now my wish to settle myself and endeavour to make a support for myself and family; you have a Leigue of Land not far from this (Viz Grimes') called the Spring Liegue I am informed, which I would be glad lo settle on, if you will exchange

wilh me for the Leigue lhal I am entilled lo as a selller and citizen previous lo lhe Decliralion of Independence; and if you require lhat any difference be paid you by me Mr. Moody is fully aulhorised to enter into a contracl wilh you lo lhal cffecl. I have wrillen lo you twice since I arrived al Genl. Ganes' Camp; but as there is no mail and the Lransportalion and safe delivery of letters so uncertain; I repeal every thing in this lelter feeling certain it wiU be safely delivered into your hand,- Geo. P. Digges [To S. F. Austin] [4258) [WAKEMAN ET AL to GOVERNMENT]

To the Government of Texas

The Memorial of the undersigned Citizens of the United

States of America.

Respectfully represent, That in November 1835, a public meeting was held in the City of New York, and a Committee consisting of about Thirty, among whom were your Memorialists, appointed to solicit and receive donations for the relief of the Citizens of Texas. That Committee, anticipating that voluntary contributions would be made, with an unstinted hand, as had been done under similar circumstances, when the oppressed of Greece, Poland, South America and even Mexico called on the friends of Freedom throughout the civilized world for relief, immediately had fitted out the Brig Mattawamkeag, which sailed from this port with two hundred emigrants on boa.rel-about the first of December ensuing-For that purpose the sum of Four thousand five hundred and two 71/100 dollars was expended and only the sum of Eight hundred and eighty four dollars received in contributions by the Committee in consequence of the disastrous fire which occurred on the 16th of the same month, added t theunaccountable apathy of the Citizens generally to the cause, as well as of those in this City, to whom the Committee believed that Texas had a right to look for aid, in that dark hour of her peril. Your memorialists believing that if so large a sum as Three thousand six hundred and eighteen 71/100 dollars was left unliquidated, it would be a reproach to the cause of Texas and

damp the ardour of such of their countrymen as might be inclined to embark in the holy cause of liberty, they therefore paid the sum out of their own private funds, and Genl. John T. Mason and ardent champion of Texas, most liberally assigned to Burr Wakeman one of your memorialists, for the benefit of all, nine tenths of a certificate of eleven leagues of land, to be located on the vacant lands of Texas, in payment of said debt, and any claim they might thereby have against that country, in the event of its final success. The certificate of land so received by your memorialists, was issued to Genl. l\fason by the Governor of the State of Coahuila and Texas, on the twenty first day of June 1834, and was given and received in good faith without the remotest idea that its validity would be questioned by any power on Earth, and without the object of speculation, but in payment of a debt voluntarily incurred for a people whom they acknowledged as their brethren-Your memoriaJists have, however, since learnt with deep regret and much surprise, that the contract of Genl. Mason with the Government aforesaid, has been assailed by the Convention which met in the Town of Washington in March last and its your memorialists are entirely unacquainted, but they feel that an act of injustice has been involuntarily clone them by that Convention which the present Government will repair. They are no dealers in Texas lands, neither was the transfer made by Genl. Mason, received for the purpose of speculating on the chances of war, or the necessities of their fellow men, but solely for the purpose of securing to themselves monies actually expended, and which they at first believed their fellow citizens would have made good by voluntary contributions, to testify their love for constih1tional liberty. Your memorialists know not what amount of actual service the Emigrants may have performed, but they do know that the departure of two hundred emigrants from New York, produced a moral influence throughout the United States, of far more value to the cause of Texas than any part they may have performed. This is brief hut unvarnished statement of facts, which your memorialists submit to the People and Government of Texas, with a full reliance, that when the proper authorities act on there claims, justice will he done especially to those whose time has been employed, and money expended, for a struggling nation,

....

<luring the most gloomy period of her existence-They therefore trust that the lands in question will . be designated lo them according lo the just rights which they present. New York September 28 1836. Burr Wakeman

Wm Van Wyck A. McDonald Samuel Arnold

(4259) [AMADOS to TORNEL]

Exmo. Sor.

El Comandante de armas de Laredo en oficio de 19. del

actual dice a mi antesesor to q. atentante. copio.

Exmo. Sor. - Tengo la satisfaccion de participar a V. E. q. hta. esta fha. no ocurre hobedad ninguna por estos puntos y q. segun las ultimas noticias recividas de Bejar, paresc han abandonaclo sus poseciones lus abentureros q. se hallavan en Bejar y Guadalupe y unicamente en el primer punto te solo ecsisten coza de treze. Tambien he saviclo q. el Tente. Coronel On. Franco. Ruis vinco de la comhencion Tejana y q. havia emigrado a Nagcodoches se halla a la ves en Bejar en union de On. Gaspar Flores y otros hijos de aquel zirclo q. han tenido conivancia con el enemigo, y no se con q. objeto. Lo partisipo a V. E. para su superior conosimto. protestan- dole las seguridacles de mi adecion y respetos." Y tengo el honor de transcrivirlo a V. E. para conosimto. <lei supremo Gohierno. Dios y Libertad Matamoros Spbre. 29. de 836. Juan Amados E. S. Srio. de la Grra. y Marina (4261) [BRIGHAM AND HUDSON to SECRETARY]

! r, I

I ' I I j 1.

To the 1-1 onorable Secretary of the Treasury:

Sir: In conformity with the laws creating the offices of Auditor and Controller, we have the honor of reporting to you the state of our offices. The description of claims which have been audited, are generally for services rendered in the army, navy, and civil departments, for supplies furnished, for transportation, for prop- erty placed in public service, and for property placed in public

I I I I 11 i:

service by individuals and valued at the time; some few claims have been authenticated for property destroyed by the enemy, where officers of the army have guaranteed to the owners of such property remuneration for their losses, on account of having impressed their means of conveying such property to places of safety, as in the case of the steam boat Yellow Stone. A large number of claims have been presented for horses and other property lost in the service, while in the possession of individuals, and considered as their own property; also, for property destroyed by the enemy and by the order of the officers of our army to prevent its falling into the hands of the enemy. Claims of these descriptions are not provided for by the existing laws and we have declined acting upon them, until congress should pass some general law on the subject. The claims audited, we have classed as follows: Military, including services in the army, supplies of ever kind furnished the army, transportation of troops and stores, and all losses incurred for the benefit of the army. Naval, including services in the navy, purchase and repair of vessels, outfits and supplies. Civil, including services in the civil department, rent of offices, &c. Contingent, including printing, stationary, &c. The whole amount of claims audited, and paid by treasury orders, from the first of January last, al which time our offices were established, up to the twenty-seventh of September, inclusive, is as follows: Military claims ............. , .................$225,154 20 Naval do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27,364 73 Civil do . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,587 92 Contingent claims, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,427 84 Total, . . .. . ............. . .......$267,534 69 In cases where cash has been advanced, and for supplies furnished by merchants, previous to the first of March last. - The orders have been drawn bearing an interest of eight per cent, per annum. The amount of orders of this description is fifty-nine thousand four hundred and sixty-eight dollars and forty-three cents. The accounts of Messrs. Bryan and Hall, late agents of the government at New Orleans, have been submitted to this office, and are now under consideration. The whole amount of their liabilities is seventy-seven t housand four hundred and sixty-eight dollars and seventy six cents, of which the sum of fifty-three thousand four hundred and

sixty-eight dollars and seventy-six cents, was due previous to the first of September inst. All of which is respectfully submitted By your obedient servants,

A. Brigham, Auditor.

H. C. Hudson, Controller. Vclasco, 29th Sept., 1836.

[4262) [BURNET to TOBY)

Executive Department Velasco Sept. 29. 1836.

To Messrs. T. Toby & Brother Texas agen ls Gent

The acting Secretary of the Navy has made and agreement with Capt. Andrew Moore and A. C. Holmes, a copy of which is annexed. By the terms of that agreement the govt. is to pay to those gentlemen two thousand dollars in Lhe manner there expressed. You will be pleased to fulfill that engagement on the part of this Government. It is an Object of great interest with us to add lo our maritime strength

Your Obt. Sevt David G. Burnet.

(4263) [ BUTLER to HOUSTON)

[Pierce M. Butler, Columbia, S.C., to Sam Houston, September 29, 1836, inlroducling Benj. 1-1. Johnson, son of Hon. David Johnson, and staling: "We all look forward with great solicitude to your struggle, & hope ere long to welcome you a free united & happy people....")

[4264] [TOBY to BURNET]

New Orleans 29th SeptT 1836

To His Ex David G. Burnet President of the Republic Texas Sir

The Col Fannin arrived this morning, and by her we are in receipt of your several favors under date 12th inst-The Congress sails to day for Galveston-we have shipped by her to Col Morgan 40 Bbls Bread, 10 pieces Cannon, 36, 24 & 18 pounders & Two Carriaues 1 ox Cart, 2 Casks Tine ware, a Quantity of Ash & pine 0 • Bds. & Scantling 1 Quantity of medicines One wheel barrow 1 Bale Lowell Cotton for Shirts, 4 Cases of shoes, 2 Cases Clothing, one hundred 18No. Shot One hundred 12 Shot One hundred & fifteen-Canister Shot Fifty Kegs EEEc Seventy five Kegs EEc Powder, The tin ware consists of Camp Kettles, Coffee Boilers, Canteens, Tin Cups, 300 Canisters for 6 No. & 300 for 4 No.· shots-we notice your further order for that port which we shall execute as far as we are able with the limited means-as also that for your place. The money market still continues pressed throughout the United States, & 20 pr. per month has heen paid here & elsewhere for Good paper-Heretofore money in New Orleans, has always been abundant, during the Summer, but this Season our Banks have all been hard run and discounting little or nothing, in consequence of the limited amount of Specie, in their vaults, heavy draws having been made by the West for the entry of lands the amount purchased, now has to be paid in Gold or Silver. This state of things prevents our disposing of the Scrip here & we only hope lo hear soon to an arrangement in the Eastern Cities for the Quantity apart, we have sent there. By the Schooners Flora & Flash, we shipped you all the articles ordered by you, for your private use, which we hope has reached you safely-The Soap Stone Furnace &c we will send you by next Vessel-your letter to Capt Heard has been forwarded to him. It is certainly extraordinary conduct, on the part of him & Capt Brown, and it will be a difficult matter to fit them out, as it will cost some 7 or 8000$ The last account we had, The Brutus

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