Claim of the state of Texas for defense of the frontier. Papers and letters relative to additional claim of the state of Texas for reimbursement of monies expended in frontier defense in 1856 and 1860-61 ..

LIBRARY OF CONGRESS

014 645 577 3 §

391
r27

jpy 1 > Congress / ci?mat>t? (Document

•/ Session \ SENATE -^ ^^ ^.^

IcA ss.

Claim of the State of Texas for
Defense of the Frontier

PAPERS AND LETTERS RELATIVE TO
ADDITIONAL CLAIM OF THE

STATE OF TEXAS

FOR REIMBURSEMENT OF MONIES EXPENDED
IN FRONTIER DEFENSE IN

1856 and 1860-61

PRESENTED BY MR. CULBERSON

July 17, 1911. — Referred to the Commit'ee on Appropriations and
ordered to be jirinted

WASHINGTON

1911

CLAIM OF THE STATE OF TEXAS FOR DEFENSE OF THE

FRONTIER.

Additiimul claim of the State of Texas for reimbursement of moneys
expended in frontier defense in 185<> and LS()0-<il.

On Fel>ruary i, 1U05, Mr. ('ull)erson, in the Senate, submitted an
amendment to the general detiiieney appi-opriation bill, which was
adopted, providing:

The Secretary of War is hereby directed to in(|nire and report to Conpreps for its
consideration wliat sum or 8uin.s of money were actually expended by the State of
Texas duriuirthe period of time l)et\veen February twenty-eighth, eijrhteen hundred
and tifty-Hve, antl June twenty-tir^t, eighteen hundred and sixty, in payment of
State volunteers or rangers called into service by authority of the governor of Texas,
in defense of the frontier of that State against Mexican marauders and Indian depre-
dations, for which reiml)ui-sement has not been made out of the Treasurv of the
United States.

In compliance with this provision of the act, on January 27, 1906,
the Secretary of War sent to the Senate a report (S. Doc. No. 169,
59th Cong., 1st sess.) of the result of his investigations, which dis-
closed that the amount of money actually expended by the State, as
shown V)v vouchers presented by the State authorities, between the
dates named in Mr. Culberson's amendment was $375,418. 9-I-; and that
additional sums were expended l)v the State for like purposes subse-
(juent to flune 21, 1860, aggregating ^21,395.95. In conformity with
this report, the general deficiency appropi'iation l)ill (.■)9th Cong., 1st
sess.), approved June 30, 1906, carried the following:

Payment to Texas. — To reimburse the State of Texas, in full settlement of all
claims of any nature whatever on account of moneys actually expended by that State
duringthei'eriodof time l)et ween February twenty-eighth, eighteen hundred and hfty-
tive, and June twenty-first, eighteen huii<Ire<l ami sixty, in payment of State volun-
teers or rangers called into service by authority of the governor of Texas, in defense
of the frontier of that State against Mexican marauders and Indian dei)redations, for
which reimbursement has not been made out of the Treasury of the United States,
as ascertained under the act of Congress ai)proved Marcii third, nineteen hundred
and five, and certified in Senate Document numbered one hundred and sixty-nine of
this session, three hundred and seventy-five thousand four hundred and eighteen
dollars and lunety-four cents.

Thereafter, in 1908, Congress made a further appropriation to cover
the additional amoiuit of >^21,31>5.9.") thcM'etofore reported by the Sec-
retary of War to have bi^en expended by the State of Texas for f lontier
defense subse(|uent to .luru^ 21, IsCiO.

Apparently these two ai)propriations covered all valid existing claims
of the State of Texas. It should be here particularly noted, however,
that at page 32 of the report of the Secretary of War (S. Doc. No. 169)
it is recited that Sl98,573.2«l of the ^300,000 appropriation made by
the Legislature of Texas for frontier defense on February 3, 1860, ?/v;.s'
uncvpciuUd.

3

4 CLAIM OF STATE OF TEXAS FOE DEFENSE OF THE FRONTIER.

It now appears conclusively that in the latter part of 1908, and sub-
sequent to the appropriations by Congress of 1906 and 1908 heretofore
recited, an old military ledger was discovered in the comptroller's
office of the State of Texas, which discloses that of this supposedly
unexpended balance of $198, 573. 2(), as a matter of fact the sum of
$179,134.17 vas expended by the State of Texas in frontier defense
between June 6, 1860, and March 4, 1861, and that each item of this
expenditure is fully attested hi/ an original voucJier.

In addition to this, it is claimed and shown b}' the State that the
further sum of $3,616.60, appropriated by the legislature in January,
1857, for pay of companies of minutemen commanded by Capts. John
W. Sansom, J. M. Davenport, and R. W. Black, was inadvertently
omitted from the proofs of claims presented to the Secretar}' of War
in 1905, and that this amount should be refunded.

The failure of the State authorities to present the larger claim for
$179,434.17 accruing June 6, 1860, to March 4, 1861, is fully explained
by the entire lack of knowledge of the existence of the old military
ledger and vouchers showing its expenditure. This want of knowl-
edge is easily accounted for, when the total destruction of the State
capitol by tire, November 9, 1881, is recalled. In that fire many of the
books and records of the several State departments were destroyed,
man}' of them were lost, and those preserved were so inextricably
jumbled together and damaged by lire and water, that for many years
it seemed an almost hopeless undertaking to put them in order; and
even yet the work has not been wholly completed.

The failure to present the smaller claim is ascribed wholl,y to inad-
vertence; and this must be so, since cognizance of the claim, or at least
of the existence of the companies of minutemen on whose account it
is made, appears in a letter of the Secretary of War of January 19,
1878 (p. 20, S. Ex. Doc. No. 19, 45th Cong., 2d sess.), and it is not
included in either of the appropriations of 1906 and 1908, as is shown
by reference to Senate Docujiient No. 169, ante.

The following letter from the governor of Texas, with accompanj^-
ing papers, show the character and histor}^ of the claim somewhat in
detail:

Executive Office, State of Texas,

Austin, July 6, 19] 1.
Hon. Chas. a. Culberson,

United States Senate^ WasMngiem, D. C.

Dear Senator: I am handing 3'ou herewith a report to me by
Capt. E. M. Phelps, concerning claim of the State of Texas against
the United States for $179,434.17, which was disbursed in the pay-
ment of the State troops by the State of Texas in the defense of her
frontier during the latter part of the year 1859 and the first part of
1860 against Indian and Mexican marauders. Capt. Phelps's report
to me explains the matter concisely and fully.

iw addition to the sum already mentioned the United States Gov-
ernment is due the State of Texas some $3,646.60 expended under an
act of the Texas Legislature passed in January, 1857, for the payment
of three companies of minutemen, commanded ])y Capts. John ^^'.
Sansom, J. M. Davenport, and K. W. Black, making a total due, by
the United States (Jovernment on said claim of $183,080.77, with
interest from the time Texas made the payment.

CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 5

1 nUo hand you a copy of circular issued ))y tho Texas adjutant t^en-
enirs dopartinont (juotin^if the actof Conrjrrss of May 30, !!»()!», extcnd-
ini>' the l)eiu'lits of pensions to those ('n<ifa«,^ed in the defense of the
frontier of tiie State of Texas a<,''ainst Inclian and Mexican marauders.
Attached you will tind an act of the Texas Lei^islature, approved Feb-
niaiy 3, 1S»)(». another act approveil January 2, ISGO, and a thii-d act
api)roved February 14, Isdo, under which the State of Texas expended
these moneys.

1 am sendine- you this data and information with re»|uest that you
prepare a bill and introduce it in the Senate providinnf for the refund
of these amounts to Texas. The passai^v of such an act will also entitle
those who oave their services to the State in defendint,'- her frontier
ajjainst Mexican marauders and Inilians an op])ortunity to draw the
piMisions to which they are entitled.

Any further infoiiuation which you may deem necessary will ho fur-
nished you upon recpiest. 1 feel sure thei'c can be no valid or sub-
stantial ol)jet'tion on the i)art of anyone tc the payment of this money.
Yours, truly,

O. B. Colquitt,

Govef'no?'.

Austin, Tex., June 12^ 1911.
Hon. O. B. Colquitt,

(roiwiior of Texas., Austt}).
Dear Sir: By your direction, I have the honor to submit the fol-
lowino- statement in regard to an unsettled claim of the State of Texas
against the United States, for pa}' of troops in defense of her frontier
during the latter part of the year 1S,5H and the first part of 1S60,
against Indians and Mexican marauders,

HISTORY OF THE NEW CLAIM.

The Eighth Legislature of Texas, on February 3, 1860. made an
appropiiation of ^300. ooO for pay and maintenance of State troops
then in the service on the west and north frontiers under the command
of Col. M. T. Johnson and Maj. John S. Ford on the lower Kio (irande
against Mexican marauders under Cortina, a Mexican outlaw, and
there was paid out <jf said appropriation for the maintenance and
eijuipment of the tioops serving under Col. Johnson and Maj. Ford,
and to other ranging companies calhnl into serxice by (Jov. Sam Hous-
ton, the sum of Siol.4ir».T4. being the amount of the refund made l)y
the Federal Congress in llKJii-lHOS, from said approi)riation of $300,000
as determined in the report made to Congress by the Secretary of
^^'al•. in answer to the intjuirv directed to him bv the act of March 3,
UH).5:

What Huiii or smiis of inonov were actually expended by the State of Texas during
the period of time l)et\veeii February t\\eiity-ei<,ditli, eij;hteen hundred and liftyfive,
and .Fune tweiUy-lirHt, eij.diteen hundied and sixty, in payment of Slate volunteers
or ran;,'('rs called into service by authority of the goverijor of Texas in defense of
the frontier of that State against Mexican marauders and Indian dejtredationH, for
which reimbursement has not been made out of the Treasury of the United States.

From the al)ove it is found that tluu'e wtis an tuM^xpeuded balance
of said api)ropriation of Sil»S,.5T3.ii<», which was transferred to military

6 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FEONTIEB.

ledger on or about June 1, 1860, and was paid out under resolution of
the Eighth Legislature of Texas to the organizations hereinafter
named, viz:

June 6, 1860, to Sept. 30, 1860 $61, 512. 86

Oct. 1, 1860, to Oct. 31, 1860 1,640.13

Nov. 1, 1860, to Mar. 4, 1861 116,281.18

Total 1 79, 434. 17

The above is the amount covered by 10 per cent warrants issued by
the comptroller of the State of Texas, with the approval of the governor.

FRONTIER DEFENSE AGAINST INDIANS.

For pay, etc., of the following organizations from June 6, 1860,
to March 4, 1861, as shown by said military ledger and original
vouchers for each warrant:

Indian depredations: Capt. W. C. Dalrymple's company, Lieut.
Dixon Walker's company, Capt. J. C. Conner's compan}', Capt. Ed.
Burleson's company, Capt, T. J. Johnson's company, Capt. N. H. Dar-
nelFs company, Capt. W. M. Wood's company, Capt. G. 8. Fitz-
hugh's company, Capt. L. S. Ross's company, Lieut. A. B. Burleson's
compan}^, Capt. W. H. Berry's company, Capt. William Fitzhugh's
company, Lieut. Salmon's companj", Lieut. Ballintyne's company.

Cortina War: Capt. John S. Ford's company, Capt. John Little-
ton's compan}^, Capt. W. D. Herron's compan}^, Capt. Jo. Tumblin-
son's compan}^ Capt. William Tobin's compan3\

The officers and men serving on the frontier against Indians and on
the lower Rio Grande against Mexican marauders received no pa}'
from the State for the period of service in 1859-60, other than that
shown b}' the military ledger heretofore referred to, which discloses
the fact as to what payment was made, each item being full}^ attested
by an original voucher.

This new claim of the State of Texas was not known at the time the
one for $396,814.89 was refunded by the United States, but was dis-
covered later among old archives on file in the department of the
comptroller of public accounts of this State, in September, 1908.

The Commissioner of Pensions for the United States was advised on
September 10, 1908, of the discoverv of this ledger and vouchers per-
taining thereto, as it was believed that many applicants for pensions
under act of Congress, approv^ed Ma}'' 30, 1908, would, with this proof
of payment, be eligible. Acting on request made in letter of Septem-
ber 10, 1908, the Commissioner of Pensions sent Mr. Charles G.
Townsend, of his department, to Austin to make a special examination
of said ledger and vouchers, in order to ascertain the eligit)ility of
certain applicants under said act of Congress. Mr. Townsend spent
about two weeks in the adjutant general's office and made a thorough
examination, and found that the payments as shown by the said ledger
constituted a new claim against the United States, as it clearly
appeared that no part thereof had ever been refunded by the United
States; and as the State of Texas had never been reimbursed there-
for, the surviving officers and enlisted men and surviving widows
would not be eligible under said act until the State of Texas is reim-
bursed.

CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 7

In the event this claim is refunded, ssouie 200 or nion^ survivors
will, under the ruliiiu- of the Coniniissionei' of I'tuisioiis. hccome ciij^i-
ble under tlie present act of (\)nyress, as the i-eiords will tiien slu>«r
recjuired reind)Ul•^^enu'nt, and secun* pensions to many old i-anj^-ers and
their sur\ ivino- wives, who are shown tt) have been paid by the Stiite
of Texas for service in the latter part of lb.">:» and first part of 1H6U>

The payments made to otlicers and enlisted nien of orj^ianizations,
heretofore referred to, was through the determined ell'ortof (iov. Sana
Houston, who secured the passaije of the appropriation of S;^O0,O00i,
and of the resolution providing for their pa}' in 10 per cent warrants.

TIIK KMERGENCY FOR THE CAf.I,.

The conditions existing;- on the western and tiortliern frontiers Ir
1851>. owint^ to the unchecked depredations of Indians, created an
emergency and was met hy Clov. Houston, iinmediat(dy after being
inducted into ollice, by a call for troops and the oro;ani/ation of a reg-i-
ment for frontier defense. At the same time duan Cortina, a Mexican
outlaw, invaded Texas with a large force for the purpose of wholesale
robliery and murdei'. Volunteers were hastily raised in southwest
Texas, and Cortina, after a bloody engagement near Koma, Mexico,
was driven across the Rio (irande with ii loss of 12.") men.

The facts, which are historical, demonstrated the urgent necessit}'^ for
both calls of (lov. Houston for the defense of the frontier against
Indians and Mexican marauders, and his insistence for the pay of the
troops who had. ins])ired by patriotic motives, responded to the call
of their State in the hour of need.

THE CI,ALM IS JUST.

Referring to House concurrent resolution .S'i, will submit that the
present claim was not discovered until September, 11M)8, and was
unknown at the time of tiie refund of the claim for $8l»«i.814..S*J, for
frontier defense, which was submitted under a resolution of Congress,
heretofore (pioted, to the Secretary of War in January, lltUo, and thsit
the best evidence of the validity' of the claim is attested by original
records and vouchers for every item of payment amounting to
i>17!',4;->4. 17, paid in State wairants, bearing 10 percent interest, by
virtue of authority conferred by an act of the Kighth Legislature of
Texas, approved February 14, 18(')0, and the further sum of >5o,«i4t).()0,
under act of January. 1S.")7, for pay of those companies of mimite men
conunanded by Capts. .lohn W. Sansom. d. M. Davenport, and R. VV.
Black, which was inadvei"tently otjutted from the refunded claim
as presented to the Secretary of War in January. 190."). which makes
the total amount still due the State of Texas for the protection of her
frontier against Indians and Mexican marauders to March 4, 1861,
$183,080.77.

In order to substantiate the facts alleged in the foregoing statement,
reference is made to the following acts of the Kighth Legislature: An
act for the protection of the frontier, page i:'>: an act making appro-
priation foi- the protection of (he frontier, page 3S; joint resolution
approved Novend>er is, 18ol». page 14o; reports of Col. M. T. ,Iohn-
son. Maj. John S. Ford, and Capt. L. S. Ross.

8 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FEONTIER,

These reports cover service on the west and northern frontier and in
the Cortina War, f.nd are important in showing actual service in the
field. 1 he reports of JVJaj. John S. Foid and Capt. L. S. Eoss are of
historical interest, Maj. Foid rtpcrts a battle with Coitira and Capt.
Ross gives a graphic description of the capture of Cynthiana Parker
and her ecn, Qi iv.&h. Al&o leieicrce is n { de to a cirt ular of l£Oi' in
regard to pensions under act of Congress approved May '60, 1P08.

In conclusion, Governor, I will state that 1 have made this report as
brief as possible, believing that any explanations necessary could be
made personalh', I have the honor to be,
Yours, verv respectfullv,

E. M. Phelps, State Agevt.

[Circular No. 3.]

Adjutant Gekeeal's Department,

Austin, Tex., Jme 8, 1909.

IMPORTANT.

The circular of Auguf^t 9, 1908, as amended, relative to pensions for State troops or
rangers, provided for under the act of Corgrees, appioved May £0, lfC8, to inclrde
a list of companies who were paid during the latter i art of 1859 and the first jart of
1860, discovered in an old military ledger during the month of Septemler, 1908, is
republished and amended to rtad as follows:

ACT OF CONGRESS, APPROVED MAY 30, 1908.

AN ACT Ptnsirniiig tliC surviving cflictrj and cnlisttd men of tl.e Texas vohniteers tmployed in
the defense of llie fr( ntiei of tl at Stale f gains-t Mexican maiaudcrj- fnd Indian depredati( ns frt m
eighteen hundred aid fifty-five to eighteen hundred and sixty, inclusive, t.nd lor other juiposes

Be it evaded by the Senate and House of Repre.^er,tatkes of the Unitfd States of Avi erica
in Congress ai-scmhled, That the pi ©visions, limitations, find benefits of an act entitled
"An act granting pensions to survivors of the Indian wars of eighteen hundred and
thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk
War, Creek War, Cherokee disturbances, and the Seminole War," approved July
twenty-seventh, eighteen hundred and ninety-two, be, and the same are hereby,
extended from the date of the passage of this act to the surviving officers and enlisted
men of the Texas volunteers who served in the defense of the frontier of that State
against Mexican marauders and Indian depredations from the year eighteen hundred
and fifty-five to the year eighteen hundred and sixty, inclusive; and also to include
the surviving widows of such of said officers and enlisted men : Provided, That such
widows have not remarried: Provided further. That where there is no recorel of
enlistment or muster into the servic e of the United States in the service mentioned
in this act the fact of reimbursement to Texas by the United States, as evidenced by
the mustei- rolls and vouchers on file in the War Department, shall be accepted as
full and satisfactory proof of such enlistment and service: Avd jn-ovided further, That
all contracts heretofore made between the beneficiaries under this act and pension
attorneys and claim agents are hereby declared null and void.

Approved May 30, 1908.

The above act extending the provisions of the act ef July 27, 1892 (a law pension-
ing survivors of the variot:s Indian wars), to certain Texas Rangers who served on
the frontier of that State during the years 1855 to IFtiO, ajjplies tu the following com-
panies, whose men and their widows may I e entitled to the benefits of this act.
Under the terms of this new law, and foimer pension laws, the surviving officers
and enlisted men, and the surviving widows of officers and i nlistcd men of the fol-
lowing-named Texas Ranger companies, may, by conforming to all requirements of
the Pension Bureau, receive pensions:

Capt. G. S. Bogess, 87 men; mustered in December 23, 1854; mustered out March
22, 1855.

Capt. John G. Walker, 84 men; mustered in December 1, 1854; nuistered out
March 31, 1855.

CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 9

Capt. William R. Henrv, 86 men; mustered in December 14, 1854; mustered out
March 31. 1855.

Capt. William Fitzhugh, 84 men; mustered in December 24, 1854; mustered out
March LM, 1855.

Capt. Charles E. Travis, 80 men; mustered in December 1, 1854; mustered out
April 1, 1855.

Capt. P. H. Rogers, 78 men; nmstered in December 22, 1854 ; musteretl out March
21, 1855.

J. H. Callahan, captain; Ed Burleson, first lieutenant; William Kyle, second
lieutenant: 88 men ; mustered in .luly 20, 1855; mustere<l out ()ct(«l)er 11>, 18.'i5.

Nat Benton, cajitain ; H. B. Kinj:, tir.-t lieutenant; Chas. \. Read, second lieuten-
ant ; 20 men ; mustered in September 15, 1855: mustered out October 15, 1855.

William K. Henry, captain ; Houston Tom, first lieutenant : 36 men; mustered in
September 15, 1855"; mustered out October 15, 1855.

William Tom, captain ; Robt. E. Jones, first lieutenant; W. M. Rust, second lieu-
tenant; 88 men ; mustered in October 18, 1855; mustered out November 15, 1855.

Wm. (J. Tobin, captain; 28 men; mustered in October 12, 1855; mustered out
November 15, 1855.

Levi English, captain; Joel M. Walker, second lieutenant; 56 men; mustered in
August 6, 1855; mustered out November — , 1855.

J. W. Sansom, captain ; 14 men ; mustered in April 16, 1856 ; nmstered out July
16, 1856.

J. M. Davenport, cay>tain ; Jos. (.t. Brown, lieutenant; 37 men; mustered in March
13, 1856; mustered out June 1, 1857.

R. W. Black, captain; James Moseley, lieutenant; 30 men; mustered in January
1, 1856; mustered dut December 31, 1856.

Thomas K. Carmack, 20 men; mustered in December 14, 1857; mustered out
March 14, 1858.

John H. Conner, 31 men; nmstered in December 2, 1857; mustered out March 2,
1858.

John S. Hodges, 20 men; mustered in December 14, 1857; mustered out March 14,
1858.

T. C. Frost, 20 men; nmstered in Decendjer 21, 1857; mustered out March 21,
1858.

John S. Ford, captain; Ed Burleson, first lieutenant; A. Nelson, second lieutenant;
W. A. Pitts, second lieutenant; J. H. Tankeraley, lieutenant; 135 men; mustered in
Januarv 10, 18.58; nmstered out August 10, 1858.

John Williams, captain; D. C. Cowan, lieutenant; 20 men; mustered in May 24,
1858; mustered out July 24, 1858.

William G. Preston, captain; 24 men; mustered in April 20, 1858; must, red out
June 30, 1858.

W. N. P. Marlin, captain; 34 men; mustered in July 15, 1858: mustered out No-
vember 15, 1858.

Ed Burleson, captain; J. E. McCord, first lieutenant; James Carson, eecoml lieu-
tenant: J. (t. Barbee, surgeon; 75 men; mustered in, between January 1 and June 1,
1860; nmstered out, Septendx-r 7, 1860.

John 8. Ford, captain; J. R. Gibbons, lieutenant; Aaron Burleson, lieutenant; 87
men; mu.stered in, November 10, 1858; mustere<l out. May 10, 1859.

W. N. P. Marlin, lieutenant- 22 men; mustered in, February 24, 1859; mustered
out, April 4, 1859.

J. H. Brown, captain; J. W. Nowlin, first lieutenant; .1. Y. Carmack, second lieu-
tenant: W. H. White, first lieutenant; J. D. Bell, second lieutenant; H. Bradford,
surgeon: W. E. (takes, surgeon; 77 men; mustered in June 28, 1859; mustered out
September 12, 1859.

The following is a list of certain volunteer compaines which operaleil against
Cortinas in Novend)er and Decend)er, 1859, and about which there is no rec<ird of
when thev were mustered in and out of service: Capt. Tobin's company, (55 men;
Capt. Toinlinson's company, 35 men; Capt. J. H. Hampton's company, 20 men;
Capt. Kennedy's, Capt. Thomphon's, C;ii)t. Littleton's, and one company in addition
to the above, calle<l the " Indianola ccmpany."

The muster and pay rolls as set forth in paragraph 1 are on file in the War De-
partment, having I ceii originally jiiacid there as a part of the claim of the State of
Texas for tl:e refund of monev ( xpended for the di'fense of hir frontier between the
years 1855 an<l 18(50. The following additional rolls. 14 in mmd)er, have been for-
warded to the Chief, Pension ami Hecoid Ollice, Washington, D. C, and will be
place<l on file in the j'eiisioii Deiiartment:

10 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FEONTIEE.

John Williams's company, 113 men. Original roll Capt. John Williams's second
company of Texas Rangers, September 29, 1858.

Peter Tomlinson's company, 46 men. Original letter from Capt. Peter Tomlinson
to Gov. Sam Houston, and accompanying petition showing names of the members of
the company commanded by Capt. Tomlinson, January 12, 1860.

Lieut. John Scanland's company, 16 men. Original muster roll of Montague
County Minute Men, company of Texas Jtangers. Called into service liy Gen. Sam
Houston, April 7, 1860, for six months, unless sooner discharged.
' Walker's Mounted Rifles, 50 men; Lovenskiold's Company Mounted Rifles.
Original certificate showing place and time of the organization of Walker's Mounted
Rifles and the officers and menjbers belonging to same. Certificate under oath of
commanding officer of organization, etc. Filed for record November 25, A. D. 1859,
at 12 o'clock m., Reuben Halbein, clerk, C. C, N. C.

Lieut. Ballentyne's detachment minute men, 15 men. Original muster roll of
Lieut. Ballentyne's detachment, March 29, 1860, to July 3, 1860, with original cer-
tificate of O. B. Mills, chief justice, B. C, July 3, A. D. 1860.

Capt. G. H. Nelson's company, 75 men, mounted militia, in the service of the
United States, October 10, 1857, to December 28, 1857.

Lieut. John Salmon's detachment mounted rangers, 20 men. Original monthly
return, the same also being an original muster roll showing the names of the officers
and members of said company. May 12, 1860.

Capt. William Tom's company, 54 men. Original muster roll; company organ-
ized October 18, 1855. Note: Reference is made to the pay rolls of the comj^anies of
Capts. Tom, English, and Tobin, which show the payment of this company.

Original pay roll William Tobin's company, 24 men; Levi English's company, 44
men; U'illiam Tom's company, 45 men; James H. Raymond, paymaster. Filed
July 30, 1857, and admitted for $4,394.31.

Capt. James Bourland's first company, 90 men. Original duplicate muster roll
Capt. Bourland's first company mounted volunteers, Texas Rangers, October 28, 1858,
to January 28, 1859.

Capt. James Bourland's second company, 34 men. Original muster roll Bourland's
second company mounted volunteers, State service, January 28, 1859, to April 28,
1859. .

T. J. Hale's company, 77 men. Original list of names of officers and members,
Texas Rangers, State volunteers, known as Uvalde Rangers, October 12, 1859.

Andrew Herron's company, 87 men. Original muster roll, November 18, 1859, to
January 1, 1860. Also accompanying is muster and pay roll of said company from
November 18, 1859, to January l,'l860.

Original muster roll Capt. G. S. Fitzhugh's company, 29 men; Texas Rangers, who
served from May 20 to Oc-tober 20, 1860.

Soon after publication of the circular of August 29, 1908, an old military ledger was
discovered in the comptroller's office, which disclosed a new claim of the State of
Texas for protection of her frontier against Indians and Mexican marauders, amount-
ing to about $184,000 in round numbers, and not included in the original claim of
$396,814.89, reimbursed by the United States during the years 1906 and 1908. This
ledger and the vouchers pertaining thereto show that the members of the following
companies were paid for their services during the latter part of 1859 and the first
part of 1860:

Cortina War: Capt. John S. Ford's company, Capt. John Littleton's company,
Capt. \V. D. Herron's company, Capt. Joe Walker's detachment, Capt. Joe Tomlin-
son's company, Capt. William Tobin's company, Capt. E. J. Hampton's company.

Indian depredations: Capt. W. C. Dalrymple's company, Capt. Connor's company,
Capt. Ed Burleson's company, Capt. T. J. Johnson's company, Capt. N. H. Darnell's
company, Capt. White's company, Capt. G. S. Fitzhugh's company, Capt. L. S. Ross's
company, Lieut. A. B. Burleson's company, Lieut. Salmon's company, Capt. H. W.
Berry's company, Lieut. Dixon Walker's company, Capt. VVm. Fitzhugh's company,
Lieut. W. C. Lewis'ij ]Minute Men.

The members of the above companies are not now entitled to pensions under the

Erovisions of the piTision law, owing to the fact that the Ignited States has not reim-
ursed the State of Texas for their services, and in order to make title it is necessary
to prepare a new claim as shown l)y the military ledger referred to and present the
same to Congress for reimbursement. In order to secure the amount paid l)y Texas
in the protection of the frontier against Indians and Mexican marauders, not included
in the original claim paid in 1906 and 1908, the thirty-first legislature at its regular
session enacted the following:

CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 11

" House Concur rent Resolution No. 12.

" Whereas there still exists an un.<ettle<l elaini of the State of Texas against the
United .States for protection of her frontier ajjrainst Imlian dcpn-dations and Mexican
marauders, fnmi Fehruary twenty-ci^'hth, eit,'hteen iunulred and fifty-live, to Decem-
ber tliirty-lirst, ei^'htecn huiidrcii and sixty, which, on account of not having; been dis-
covered until the month of .Scptcndjcr, nineteen hundreii and ci^ht, was not included
in the claim of Texas for three hundred and ninety-six thousand eijjht humlrcd and
fourteen dollars and eighty-nine cents, made up out of the amounts paid out of the sev-
eral appropriations by the State for protection of her frontier during the period here-
tofore stated, which sum was reimlnused to the State by act of Congress in the
general deficiency bills for the fiscal years nineteen hundred and six and nineteen
hundred and eight, as follows: Fifty-ninth ("ongre.xs in May, nineteen hundred and
six, three hundred and .>-eventy-tive thousand four hundred and eighteen tlollars and
ninety-five cents; Sixtieth Congress in May, ninetei-n hundred and eight, twenty-one
thousand three huiulreil and ninety-five dollars and ninety-tive cents; total, three
hundred and ninety-six thousand eight hundred and fourteen dollars an<l eighty-
nine cents, this being amount of the claim as originally made by the adjutant-general's
department, and submitted under a resolution of Congress to the Secretary of War,
in January, nineteen humlred and five.

"Whereas that during the time of the jneparation of the said claim, as reim-
bursed, there was no evidence of record obtainal)le that more than the sum of one
hundred ami one thousand four hundred and sixteen dollars and seventy-four cints
had been paid out of an appropriation of three hundred thousand dollars made by
the seventh legislature of Texas, approved Fel)iuary third, eighteen hundred and
sixty, for the protection of the frontier, and owing to that fact, only that amount out
of said api)ropriation was included in the original claim for three hundred and ninety-
six thousand eight hundred and fourteen dollars and eighty-nine cents. It was dis-
closed by a foot-note to the account for payments out of said appropriation of three
hundred thousand dollars that the sum of one hundred and ninety-eight thousand
three humlred and sixty-eight dollars an<l eighty-three cents was transferred to a
military ledger and afterwards ])aid out in accordance with an act of the seventh
legislature for supplies and pay of State troops called into service in the latter part
of the year eighteen hundred and fifty-nine, and the first part of the year eighteen
hundred and sixty, by (iovernor Sam Houston.

''This military ledger was discoveretl, as heretofore stated, during the month of
September, nineteen hundred and eight, as well as the original vouchers covering
every entry in said ledger.

"Whereas, As this im.><ettle<l claim for the protection of the frontier of this State
is clearly established by record evidence in a sum not less than one humlred and
eighty-four thousand dollars; tlierefore, be it

"J\'e.iiilred hi/ till- lluuKe of J\,/iriseiitiitivei< [the Semite coneurriiig), That the governor
of the State be, and he is hereby, re<|uested to investigate the above facts, and if he
finds them true as stated, then to take such ste|is as may be necessary to collect the
claim, and have the amount so collected placed in the treasury of the State; be it
further

" /iV.«'</i v'/, That no commission or sum of money shall be i)aid by the State other
than the actual exjiense incurred in the prei)aration and i)resentation of the claim,
which shall not exceed the sum of two thousand dollars, and that the .'^aid claim
shall be(ollecte<l through the adjutant general's department of this State, and the
Texas delegation in Congress.

"Ajiproved .March 17, H)(nt."

Under the act of .Inly 27, 1892, it is required that the soldiers must have served
at least ."0 days in order to be entitled to pensions. Thus it will be seen that some
of the Texas Rangers, who served for a shorter period of time than IW days, may not
be entitled to pension unless they served in more than one company, which was
fre«|Ueiitly theca.se. From the foregfiing statement, however, it api)ears that all of
the companies serve<l over 80 days, with ex(eption of one.

As before stated this law simply extemls the provision of the original act of July
27, 1892, to the surviving Texas Rangers and the widows of Texas Rangers, who
8erve<l during the years l.S.Vi to 18(i(l inclusive. Under it the Rangers and widows
will receive >^8 and $12 per month respectively, which are maxiunnn |>ensions
allowed to veterans and widows of veteransof the Indian wars, linler this law the
pensions, if granted will stjirt from the date of the filing of the application. The law
is not retroactive ami neither the Rangers nor their widows will receivi- back |H'n-
sions from the date of tlie original act of July 27, 1892. Congress has never pa.s«ed

12 CLAIM OP STATE OF TEXAS FOR DEFENSE OF THE FEONTIEE.

retroactive pension laws and all statements appearing in the ijress to the effec* that
the Texas Rangers will receive back pay are erroneous.

The officials of the Pension Bureau are anxious to facilitate and aid in every way
they can to secure ^jrompt action upon all applications for pension, but in order to
prevent fraud they have found it necessary to adopt certain regulations which must
be conformed to, and all surviving Rangers and widows of Rangers who make appli-
cation for pension under this act must be very careful when filling out the applica-
tion blank to make as few mistakes as possible in dates, as such mistakes invariably
entail delay and frequently result in the rejection of the application. Especially
should widows be careful to give the correct dates of their marriage ami death of
their hugbands. When discrepancies concerning dates are found in an application
it is sometimes quite difficult for the applicant to correct them to the satisfaction of
the officials of the Bureau of Pensions.

On application to the adjutant general's department the necessary blanks will be
furnished applicants, whose attention is called to the foregoing paragraph of this cir-
cular giving instructions for the preparation of the application, which can be mailed
to one of the United States Senators or Representatives from Texas, who will no
doubt take pleasure in filing it with the Commi.'-Bioner of Pensions, Washington, D. C.

Under this law all contracts made prior to its passage are canceled.

By order of the governor:

E. M. Phelps,
Assistant Adjutant General.

Chapter 43.
AN ACT Making appropriations for the protection of the frontier.

Section 1. Be it enacted by the Legislature of the State of Texas. That the sum of three
hundred thousand dollars, or so much thereof as may be necessary, out of any money
in the treasury not otherwise appropriated, be, and the same is hereby, appropri-
ated for the pay and subsistence of the force which has been or may be called
into the service by the governor for the protection of the frontier: Provided, That
only so much of said appropriation shall be drawn from the treasury from time to
time as can be so drawn without leaving a deficit in the amount required of the
current revenue from time to time to pay the ordinary current expenses of the
government.

Sec. 2. That in case the governor shall find that there is not money enough in the
treasury to meet the foregoing appropriation fully as the same may be needed from
time to time, or that the amount of said appropriation is not sufficient to carry out
the provisions of this act for the protection of the frontier, then in either event he
shall cause only such payments to be made in cash as can not be contracted for
otherwise; and whenever payments are to be made upon contracts or for services
under said act which are not necessary cash demands, such payments shall be made
pro rata. It is provided, however, that the indebtedness created under this section
shall at no time exceed the sum of two hundred thousand dollars. The comptroller
of public accounts shall, under the special direction of the governor, audit and adjust
all claims and accounts created under the provisions of this section and certify such
adjustment to tiie jiarty interested, and such accounts shall be paiil as may hereafter
be provided l)y law.

Sec. 3. That this act shall take effect from and after its passage.

Approved, February 3, 1860.

The State of Texas, Dep.\rtment of State.

I, C. C. McDonald, secretary of state of the State of Texas, do hereby ( ertify that
the attached ami foregoing is a true and correct copy of sections 1, 2, and 8 of chap-
ter 43, acts of the Eighth Legislature of the State of' Texas, entitled "An act making
appropriations for the protection of the frontier," as the same appears of record in
the records of this department in the (jJeneral Laws of Texas, lS59-f)0, page .38.

In testimony whereof I have hereunto signed my name officrally and caused to
be impressed hereon the seal of State at my othce in the citv of .Vustin, Tex., this
the 2Ist day of June, A. I). 1911.

[seal.] C. C. McDonald,

Seirelanj of State.

CLAIM OF STATE OF TEXAS FOE DEFENSE OF THE FRONTIER. 13

(iiArrEU II.
AN ACT For the ]iroioctiuu of the frontiiT.

Wheiv;is a stato i>f hostilities exists between the people of tiie State of Texas and
various linlian tribes whu inhabits the uiisi-ttled jtortioiis of tiie State and aiijaeent
territory— bands of said Indians liavinu' at various times within tlie last thre>' yeai-s
invaded our settlements, nuirdoreii our people, and earried off or destroyed their
]iroperty, so that tiie frontier settlements are n-eeding before tiie invaders, and
our frontier counties in dantrer of depopulation; and

Whereas the Federal (ioverninent, whose duty it is ))rimarily to i)rotect the State
from siu'h hostilities, has not etlieiently affordeil sueh protection; and

Whereas we are continually in such imminent dan^^er of being invaded l»y said
hostile Indian tribes, as will not admit of delay: Therefore

Section 1. He it tiiiiclnl l>y il,e l.ci/islaliirc of the Siair of I'f.iax, That tlie governor of
State be, and he is hereV>y, authorized to raise and muster into the service of the
State a regiment of mounted men, if so many be necessary, consisting of ten com-
panies, or sucli smaller number as lie shall deem sutlicient to afford ellicient protec-
tion to the entire frontier; and onedialf of said force, at least, shall be immediately,
upon their organization, placed on the frontier, in such manner as to act as spies and
minute men. for the protection and <lefense of the settlements, as the governor may
think proper. Kach company shall be composed of eighty-three men, rank and file,
to be enlisteil for the term of twelve months, miles- sooner discharged; to be reen-
listed for another term of twelve months, or others taken in their place, at the expi-
ration of thetirst term of service. The officers of each company to be elected by the
men composing the same.

Sec. 2. For the command of the whole of said force the members shall elect a
colonel, a lieutenant colonel, and a major; and each com])any shall have one cap-
tain, three lieutenants, four sergeants, and four coii-orals, and one surgeon; and
there shall be selected from each company one of the lieutenants, to act &< quarter-
master ami commissary for said company, with the rank of second lieutenant; and
when two or more companies are acting together said lieutenants shall be acting as
the commanding oliicers may direct, as<iiuirtermasters, or commissaries, or adjutants;
and there shall al.^'o be ai>pointed, from among the men, such nonconnnissioned
staff as may he necessary.

Sec. .S. Said officers and men shall provide themselves with arms, horses, and all
accouterments and camp ecjuipage; and shall lie furnished, at the expen.se of the
State, in provisions, ammunition, medicines, and forage for horses when practicable ;
and shall receive for their services the following .sunis : The colonel, one hundred
ancl eighty dollars per month ; the lieutenant colonel, one hundred and fifty dollars
per month; the major, one hundred and twenty-five dollars jier month; the cap-
tains, one hundred dollars per month ; the first lieutenants, seventy-five dollars jier
month ; the .<econd lieutenants, sixty dollars j>er month ; sergeants, (our dollars per
month in aildition to pay of privates; and corporals, three dollars per month in
addition to pay of i>rivates: and privates shall receive twenty-five dollars per month;
and commissioned staff officers shall be allowed twenty dollars jier month extra to
the pay of their rank; and noncommissione I staff officers eight dollars per month
in ad<Iition to the jiay of privates; the surgeon shall be entitled to one hundred and
twenty dollars per month, and shall furnish his instruments, but be furnished with
medicines.

Sec. 4. The said force shall be employed in ranging and scouting the frontier, from
the most eligiltle point on the Rio Grande to Ked Kiver; and their operations shall
be entirely under the control of thegovernor, who shall appoint their proper ])laces
of rendezvous and deposit, and direct all arrangements necessary to carry out the
intention of this act ; an<l said force shall be subject to the rules j\nd regulations of
the Army of the United State.s ; and when in the o|tinion of the governor their fur-
ther services are not neces.«ary, may be reduced or disbande<l, or if provisions shall
V>e made by the Government of the I'nited States to accept the said force, in the
whole or in part, for the iirotection of the frontier of Texas, it shall be turned over
for that purpose.

Sec. 5. That this force shall be raised in such manner as the governor may direct
from any portion of the State, and when mustered into service shall take such posi-
tion on the frontier as they shall be ordered by the governor and shall operate dur-
ine the time they are in the service of the State under the orders of the governor.

Sec. 6. That this act take effect from its passage.

Approved, .lanuary 2, 1860.

14 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIEE.

The State of Texas, Department of State.
I, C. C. McDonald, secretary of state of the State of Texas, do hereby certify that
the attached and foregoing is a true and correct cojiy of sections 1, ?, 3, 4, 5, and 6
of Chapter II, Acts of the Eighth Legislature of the State of Texas, entitled "An act
for the protection of the frontier," as the same appears of record in the records of
this department in the General Laws of Texas, 1859-60, pages 13, 14, and 15.

In testimony whereof I have hereunto signed my name officially and caused to be
impressed hereon the seal of State at my office in the city of Austin, Tex., this the
21st day of June, A. D. 1911.

[seal.] C. C. McDonald,

Secretary of State.

Chapter 82.

AN ACT Authorizing unpaid warrants on the treasury to bear interest.

r Section 1. Be it enacted by the Legidature of the State of Texa», That when an account
shall hereafter be presented for any demand for which an appropriation has been
made, it shall be the duty of the comptroller to audit and allow the claim if legal,
and to issue his warrant for the amount, and if there be no money in the treasury to
pay the demand, then the comptroller shall issue his warrant upon the treasury for
the amount, with ten per centum per annum inteiest from date, which warrant shall
be countersigned by the governor, and shall be numbered and ii.dorsed by the
treasurer.

Sec. 2. That it shall be the duty of the treasurer on the first day of July, anno
Domini eighteen hundred and sixty, and every six months thereafter, to advertise
in three papers in different parts of the State, for presentment of any such warrants
as are mentioned in the first section of this act, in order of their dates and numbers,
and after the expiration of sixty days from such notice said warrants not presented
shall cease to draw interest. Said warrants shall not circulate as money, but may be
assigned.
^ Sec. 3. That this act take effect and be in force from and after its passage.

Approved, February 14, 1860.

The State of Texas, Department of State.

I, C. C. McDonald, secretary of state of the State of Texas, do hereby certify that
the attached and foregoing is a true and correct copy of sections 1, 2, and 3 of chap-
ter 82, acts of the Eighth Legislature of the State of Texas, entitled "An act authoriz-
ing unpaid warrants on the treasury to bear interest," as the same appears of record
in the records of this department in the General Laws of Texas, 1859-60, pages 115
and 116.

i In testimony whereof, I have hereunto signed my name officially and caused to
be impressed hereon the seal of State at my office in the city of Austin, Tex., this
the 21st day of June, A. D. 1911.

[seal.] C. C. McDonald,

Sea-etary of State.

o

1

HBRftRY OF CONGRESS

0 014 645 577 3

I