62d Congress, ) HOUSE OF REPRESENTATIVES, j Document M Session. f \ No. 551. CLAIM OF THE STATE OF TEXAS. lette:r FROM THE ACTING SECRETARY OF WAR, TRANSMITTING A REPORT OF THE RESULT OF AN INVESTIGATION MADE BY THB A . S ADJUTANT GENERAL OF THE ARMY AS TO THE SUMS OF MONEY ACTUALLY EXPENDED BY THE STATE OF TEXAS BETWEEN 1856. AND 1860, IN PAYMENT OF STATE VOLUNTEERS, ETC. f;_, February 19, 1912. — Referred to the Committee on Military Affairs and ordered to' be printed. War Department, . Washington, February 17, 1912. , Sir: The act jof Congress "making appropriations to supply. deficiencies in appropriations for the fiscal year ending June 30, 1905, and for prior years, and for other purposes," approved March 3,. 1905, contains the following provision: The Secretary of War is hereby directed to inquire, and report to Congress for its consideration, what sum or sums of money were actually expended by tie State ^ of Texas during the period of time between February 28, 1855, and June 21, 1860, in payment of State volunteers or rangers, called into service by authority of the gov- ernor of Texas, in defense of the frontier of that State against Mexican marauders and Indian depredations, for which reimbursement has not been made out of the Treasury of the United States. In compliance with this provision of law I have the honor to transmit herewith a report of the result of an investigation, made by direction of the Secretary of War, by The Adjutant General, with regard to the subject of the legislation in question. Very respectfully, Robert Shaw Oliver, ' Assistant Secretary of War. The Speaker of the House of Representatives. 2 claim of the state of texas, ' ' -" ' ABditional Claim of the State of Texas for Reimbursement FOR Money Actually Expended by that State in Defense OF the Frontier Against Mexican Marauders and Indian Depredations. A proviso in the act of Congress "making appropriations to supply deficiencies in appropriations for the fiscal year ending June 30, 1905, and for prior years, and for other purposes," approved March 3, 1905, directed the Secretary of War to inquire and report to Con- gress for its consideration "what sum or sums of money were actually expended by the State of Texas during the period of time between February 28, 1855, and June 21, 1860, 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 depredations for which reimbursement has not been made out of the Treasury of the United States." A report of the result of the investigation made under the provision of law before referred to was transmitted to the President of the Senate by the Secretary of War, under date of January 27, 1906, and was printed as Senate Document No. 169, Fifty-ninth Congress, first session. That report contains a history of the claim before referred to and a summaiy showing the result of an examination of the records and documents submitted by the authorities of the State of Texas in support of the claim in c^uestion. It appears from papers presented to the Senate by Mr. Culberson and printed as Senate Document No. 67, Sixty-second Congress, first session, that additional records contaming evidence of payments not included in the report of Januar}^ 27, 1906, before referred to, were discovered by the State authorities after that report was made and after the appropriations were made in 1906 and 1908 to reimburse the State of Texas in settlement of tliis claim. The facts in the case ha%'ing been brought to the attention of the Secretary of War, he beld, concurring in an opinion of the Judge Advocate General, that he was authorized under the legislation before referred to to consider additional evidence in connection with the claim in question and to report to Congress the conclusion reached by him with regard to that evidence. It was suggested, therefore, that the proper authorities of the State of Texas forward to the War Department all the evidence, including any and all original records in the possession of the State, that is relied upon to show expenditure by the State for frontier defense in addition to the expenditures that were covered by the report made to Congress by the department January 27, 1906. .Pursuant to that suggestion, the authorities of the State of Texas 8ut)mitted to the War Department original records and papers in support of the additional claim for reimbursement for money expended in tlie protection of the frontier of the State against Indians and Mexican marauders to March 5, 1861. Those records and papers relate to three State appropriations, as follows: 1. An appropriation of $4,000, made January 13, 1858, and desig- nated by the State comptroller as appropriation " 6-M." 2. An appropriation of .S25,000, made February 8, 1861, and designated oy the State comptroller as appropriation "77-P." 3. The balance, ($198,573.26) of the appropriation of $300,000, made February 3, 1860, and designated by the State comptroller as appropriation "13-0." .-. : 1 lat? CLAIM OF THE STATE OF TEXAS. 3 The additional claim of the State of Texas, as stated in Senate v^ Document No. 67, Sixty-second Congress, first session, before referred to, is as follows: j" Balance of appropriation of Feb. 3, 1860, expended between June 6, 1860, ^. and Mar. 4, 1S61 $179, 434. 17 "vJ Appropriation of January, 1857, for payment of three companies of min- utemen commanded by Capts. John W. Sansom, J. M. Davenport, and R. W. Black 3,646.60 Total 183, 080. 77 The claim, according to a statement that accompanied the records and papers in the case when received in the War Department recently, is as follows: Appiopriation of Jan. 13, 1858 (designated "6-M") $4,000.00 Appropriation of Feb. 8, 1861 (designated "77-P ") 18, 730. 46 Appropriation of Feb. 3, 1860 (designated "13-0") 177,145.57 Total amount of claim to Mar. 5, 1861 199, 876. 03 It is to be observed that the later statement of the claim includes the amount expended under an appropriation of $25,000, February 8, 1861, that was not included in the claim as presented in Senate Document No. 67 before referred to. The later statement of the claim also includes the $4,000 appropriated January 13, 1858, which evident^ is intended to take the place of the $3,646.60 claimed in Senate Document No. 67 under the appropriation of January, 1857, for pay of companies of minutemen commanded by Capts. John W. Sansom, J. M. Davenport, and R. W. Black. A certified copy of an act of the legislature of Texas, approved February 13, 1858, entitled *'An act to provide for the payment of three companies of minutemen commanded by John W. Sansom, John D. Davenport, and Reading W. Black," shows that the State appropriated $4,000, or so much thereof as might be necessary, for the payment of those companies of minutemen. It is to be observed further that the amount now claimed under the unexpended balance of the appropriation of $300,000, made February 3, 1860, is $177,145.57, while the amount claimed in Senate Document No. 67, under that appropriation, was $179,434.17. The documents submitted by the authorities of the State of Texas in support of this additional claim are: (a) The original ledger of the comptroller of the State of Texas, purj^orting to contain, in addition to other accounts, the state- ments of accounts under the appropriation of $4,000 (designated "6-~M"), and of $25,000 (designated "77-P"), before referred to. Duly authenticated copies of those statements of accounts accompany this report as Exliibit A and Exhibit B, respectively. (b) The original register of the treasurer of the State of Texas, purporting to contain a record of the payment of State treasury war- rants by that official, including those paid from the appropriation " 6-M "\and "77-?," before referred to. (c) The original register of the comptroller of the State of Texas, purporting to be a "register of 10 per tent treasury warrants" tover- mg the period from June 6, 1860 (the date of the first warrant issued), to January 10, 1862, both dates included. Accompanying and in support of tliis record there were submitted vouchers Nos. 1 to 219 4 CLAIM OF THE STATE OF TEXAS. and 311 to 615, ^^ith the exception of Nos. 161, 181, 184, 185, 194, 216, 436, 460, 497, 533, 554, unci 575, which, together ^^dth Xos. 220 to 310, inckisive, it is reported have not been found; also the book of stubs of the warrants (Nos. 1 to 944), issued June 6, 1860, to January 14, 1861, against appropriation "13-0." A duly authenti- cated copy of so much of the register of 10 per cent treasury warrants issued as covers the period from June 6, 1860, to Marcn 4, 1861, inclusive (covering warrants Nos. 1 to 1428), accompanies this report as Exhibit C. Nothing has been found in the original register in question to show against what appropriation the warrants Nos. 1 to 1428 were issued, but it appears from the book of stubs of warrants Nos. 1 to 944 that they were issued against the appropriation desig- nated "13-0." The authorities of the State of Texas also submitted to the War Department certified copies of the State act of February 13, 1858, appropriating S4,000, and of the State act of Februar}^ 8, 1861, appropriating $25,000. Those certified copies accompany tliis report as Exliibit D and Exliibit E, respectively. The act of February 3, 1860, appropriating S300,000 (designated by the State comptroller as appropriation "13-0'') is printed on page 19 of Senate Document No. 169, Fifty-ninth Congress, first session; also on page 12 of Senate Document No. 67, Sixt3'-second Congress, first session. Cq:)ies of those documents accompany this report as Exhibit F and Exhibit G, respectively. The State act of February 14, 1860, authorizing the issue of 10 per cent treasury w^arrants is printed on page 14 of Senate Document No. 67, before referred to (Exhibit G). It appears from the account stated in Exhibit A that, out of the appropriation made January 13, 1858, and designated "6-M," a total of $4,000 was paid, the payments having been made May 26 and August 31, 1858. As the original ledger from which this account is extracted is a record of the office of the State comptroller, who was the official charged with drawing and issuing warrants on the State treasury, his account is believed to be the best record now obtainable of payments made on account of the appropriation under consideration. Bv reference to the State act making the appropriation and to Exliibit B, it ^nll be seen that the appropriation of $25,000 (desig- nated "77-P") was made Februaiy 8, 1861, and that $18,730.46 appears to have been paid out at various dates in February, 1861, payments amounting to $2,976.70, made on and after March 6, 1861, not being included in the claim. It is to be observed that the State appropriation and the payments under it were made after June 21, 1860, the terminal date fixed by tlie provision in the act of Congress, approved March 3, 1905, under which this claim is being considered. However, in this connection attention is invited to the fact that in the deficiency appropriation act, approved May 30, 1908 (35 Stat. L., 500), Congress made an appropriation of $21,395.95 to reimburse the State of Texas for money expended after June 21, 1860, in payments on account of the defense of the frontier. The original ledger from which this account is extracted is a record of the office of the State comptroller, who was the oflicial charged with drawing and issuing warrants on the State treasury and, as stated above, that record is CLAIM OF THE STATE OF TEXAS. 5 believed to be the best record now obtainable of payments made on account of the appropriation under consideration. By reference to the last page (Exhibit C) of the account of expendi- turek from the balance of this $300,000 appropriation (13-0), it will be seen that the total expenditures on that account up to and inclu*^ ing March 4, 1861, appear to have amounted to $179,434.17, whicJi is the amount shown in Senate Document No. 67, before referred to. Upon examination of the "Register of 10 per cent warrants," and comparison of the entries therein with the vouchers and the book of stubs of warrants, certain errors and omissions were found. There should be added to the amount before stated $20.20 and deducted from that am.ount $2,000.09, a net deduction of $1,979.89, because of errors in addition on the register. There should also be added to the amount 96 cents for errors in entries in the register of the amounts of warrants Nos. 370, 992, and 1393. It also appears from entries on the register itself, or from the book of stubs or the vouchers, that warrants Nos. 281, 288, 289, 419, 463, 642, and 940 were cancelled. The amount of these warrants ($435.58) is included in the account shown in Exhibit C and should be deducted from the total amount. This makes a net deduction of $2,414.51, and leaves the amount of the claim at $177,019.66. Nothing was found in the books and papers submitted in connec- tion with this account to show whether or not any of the warrants issued on that account were ever paid by the State. Consequently, the State authorities were rec^uested to submit the original warrant register or registers containing a record of the payment of the 10 per cent warrants shown to have been issued on account of the appro- priation designated " 13-0," if such a record exists, or, if no such record is found, other original record evidence of the payment of the warrants in question. In compliance with that request, a '' register of treasury warrants, bearing 10 per cent interest, numbered and countersigned by the treasurer, under an act of the eighth legislature (Chap. 82), entitled 'An act authorizing unpaid warrants on the treasury to bear interest,' approved February 14, 1860," was submitted by the State authorities. This register shows, in addition to a description of the warrants, the "date of pa^mient," "to whom paid," the "period of interest," and the amounts of interest and principal. From an examination of the register purporting to contain a record of payments of the 10 per cent warrants issued by the State of Texas it is ascertained that warrants issued on account of the appropriation "13-0" were paid as follows: Prior to Mar. 5, 1861, 18 warrants $2, 922. 57 Mar. 5, 1861, to Mar. 25, 1865, inclusive, 981 warrants 125, 552. 86 No payment shown, 435 warrants 47, 422. 91 Total,*l,434 warrants 175, 898. 34 The difference between the number of the warrants (1,434) shown by this register and the highest number (1,428) of the warrants issued on this account is to be explained by the fact that 6 of the warrants bear half numbers. While the register purports to show in the cases of these warrants "to v/hom paid," the entries in that column, while they indicate that many of the warrants were canceled by the comptroller and treasury warrants issued or that they were satisfied by the issue of cash war- ^ CLAIM OF THE STATE OF TEXAS. rants, show in some cases that the pajmient was made "by invest- ment;" that the warrants were "funded," or a remark appears indi- cating that they were accepted on account of quartermaster sales, university land sales, or on account of the General Land Office. A comparison of the entries in the original register of the treasurer of the State of Texas, purporting to be a "register of 10 per cent treas- ury warrants," with those in the "register of treasury warrants bear- ing 10 per cent interest, numbered and countersigned by the treasurer, etc.," shows some difference in the amounts of several of the warrants. If the latter register, which is a record of the treasurer of the State of Texas, who was charged by law with the disbursement of the money, is accepted as the best record now obtainable of paj'^ments on account of the State appropriation in question, as it apparently should be, the total amount of the claim should be reduced by $1,121.32, the net difference in the amounts of the warrants in which differences between the two registers apiDear. If tliis deduction is made, the total amount of this claim of the State of Texas on account of the appropriation des- ignated "13-0," as substantiated by the records submitted, is $175,898.34. As was stated in a former report relative to the claim of the State of Texas (S. Doc. No. 169, 59th Cong., 1st sess, p. 31), the act of March 3, 1905, applies in terms to money actually expended by Texas "in payment of State volunteers or rangers." In a strictly military sense this can only be construed as allowing for the pay of the troops to the exclusion of disbursements on account of subsist- ence, forage, ec^uipments, ordnance stores, and other expenses. It is possible, however, that the expression "in payment of" may have teen intended by Congress to mean in payment of all of the ex})enses of the troops in question, including both pay allowances and other proper military expenses. In any event in that part of the claim now under consideration, as in the part of the claim for which reim- bursement has already been made by the United States, it is impos- sible to segregate the amount expended by the State for pay proper from that expended for other purposes, and consequently in the sum- mary given below no attempt has been made to state separately the amount expended on account of the pay of the troops, and that sum- mar}^ includes all expenditures for the purposes indicated in the respective State acts making the appropriations. Subject to the foregoing remarks, the following summary of the additional claim of the State of Texas is submitted: Summary. ^ Comptrol- lor's desig- nation of appropria- tion. Amount appropri- ated. Amount paid. State act. To and in- cluding Mar. 4, 1801, 10 per cent Treasury war- rants issued on or before Mar. 4, 1861, but not redeemed until afterwards. Treasury war- rants issued on or l>efore Mar. 4. isr.l, but no evidence of re- demption sub- mitted. Total. Jan 13 1858 6-M 77- P 13-0 $4,000.00 25,000.00 1 198, 673. 26 $4,000.00 $4,000.00 Feb. 8, 1861 18,730.40 18,730.46 Feb. 3, 1800 2,922.57 $125,552.80 $47,422.91 175,898.34 Total 227,573.26 25,653.03 125,552.86 47,422.91 198,628.80 ' > Balance of appropriation of $300,000. CLAIM OF THE STATE OF TEXAS, f It appears, therefore, that if the issue of the 10 per cent treasury warrants is considered as a disbursement of funds by the State of Texas the total amount of this additional claim is $198,628.80. The ''register of treasury warrants bearing 10 per cent interest, num- bered and countersigned by the treasurer, etc.," shows that interest amounting to $19,064.59 was paid or allowed on the 999 warrants the redemption of which is shown by that register. If this interest is included as an expenditure, as it probably should be, the aggregate amount of the clann is $217,693.39. If only the warrants shown to have been redeemed are to be in- cluded m the claim, this amount must be reduced by $47,422.91, the amount of the warrants the redemption of which is not shown, leaving $170,270.48 as the total amount of this claim. If only the warrants shown to have been redeemed on or before March 4, 1861, are to be included in the claim, the amount must be reduced further by $125,552.86, the amount of the warrants redeemed after March 4, 1861, and $18,723.87, the amount of interest paid or allowed on those warrants, leavmg $25,993.75 as the total amount of this claim. Respectfullj^ submitted. Henry P. McCain, The Adjutant General. War Department, The Adjutant General's Office, February 17, 1912. War Department, Wasliington, February 17, 1912. I hereby certify that the statements of accounts (Exhibits A and B) hereto attached are true and correct copies of those accounts as they appear in the original ledger of the comptroller of the State of Texas purporting to contain accounts of State appropriations made between January 5, 1854, and August 31, 1861, and that the state- ment of account (Exhibit C) hereto attached is a true and correct copy of so much of "register of 10 per cent treasury warrants" of the comptroller of the State of Texas covering the period from Janu- ary 6, 1860, to January 10, 1862, inclusive, as relates to warrants issued up to and including March 4, 1861, which records were for- warded to me by Edwin M. Phelps, State agent of the State of Texas. Henry P. McCain, Adjutant General. Be it known that Henry P. McCain, who signed the foregoing certificate, is The Adjutant General in charge of The Adjutant General's Department, and that to his attestation as such full faith and credit are and ought to be given. In witness whereof I have hereunto set my hand and caused the seal of the War Department to be affixed, on this 17th day of Feb- ruary, 1912. [seal.] Robert Shaw Oliver, Assistant Secretary of War. CLAIM OF THE STATE OF TEXAS. Exhibit A. [6-M, page 342.] Pay of three companies of minute men in 1856. , Dr. 1858. May 26. To Ncill Robinson 12149.. 81,219.00 do 12150. . 100. 00 Aug. 31 do 12536.. 2,681.00 4, 000. 00 Cr. 1858. Jan. 13. By appropriation. $4,000.00 4,000.00 Exhibit B. [77-P, page 641.] Pay for supplies furnished troops now on the frontier, in United States bonds. 1861. Feb. i 6. To S. M. Swenson 17030.. $9,193.72 i<^ To Norman Miller 170.31.. 651.75 13. To Wash Hammett 17039. . 225. 00 22. To J. A. Goodlett 17068. . 243. 25 27. To Phelps & Prince 17072.. 100.00 To S. M. Swenson 17077.. 8,115.00 To E. Hardin & Co 17079. . 62. 50 do 1 7080 . . 139. 24 Mar. 6. To Jo. Walker 17125.. 600.00 June 10. To S. M. Swenson 17822.. 2,271.70 Aug. 31. To balance 3,397. 84 25,000.00 Oct. 29. To S. M. Swenson 18474. . 105. 00 To balance 3, 637. 94 3,742.94 1861. Feb. 8. By appropriation. $25,000.00 25,000.00 Aug. 31. By balance 3,397.84 1862. Jan. 21. By dep. warrant 4559.. 345.10 3,742.94 1862. Aug. 31. Bybalance 3,637.94 CLAIM OP THE STATE OF TEXAS. ft i" p. a ■£ ^ on ri a 03 . a o ^ *i d o ft ^ 03 "3 o 6 3 13 S T) ^ m s a 3 a o 3 13 CI T3 a I-. b <^ h r* M&^ooco 0(^^ooc>^•*co^T^^l^c^'*'coeor-;ogT-^;g<. 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"» • oco^ • _■ ^ fc. -.A i- H^ * .0- S X '-i-i £. - a^ « 22 O) ^ t. _- o. c 3 Sag -^-.2 .a 4> t- s S;- u< t: .r; 5 ^ X./ ..C*t/J • w jio tV t-f s> ifc-am^a:. ^^7*' ati - a ?; oj.-Ji; sc— .1^ ^ ^ — ? ^ .^ ■IJ ^ ^ !U>-( 3 - r3 i_ — -- ^^i; "53, ^ rc-^o CE25 coo E — a>>. .»— , 0-« r- C3 t: 03 o „ 0- oJ .03 3 32i — =:rr.=! — O ffl 3 S ^-' • ?^3;;0 3^.— 3*^ 3^ £5 ^5 11 ,_,™,-H^s^»--l1--t.-H.-H.-H.-H^^rt.-H1-H^.-H-HI-Ht-H,-M^-l.-.r-rt-HC^^CSC^C^IC^C^,C^IC^aC^C^IC^^C^CCC^f^ I ro-^ictc r^ 000»O^C^i^*^"1•lCO^*00a>Q'-^CIC5■^^C-0Ca>O^^C^^CC'««« ^.i^r*h»t>-t^r^t^t^t*t>-i'-b-t^t^^-»^r--r^r-r^oooooc>:xxorooarxxoiCiOsc-3sa:^'3i3'. c^Ci CLAIM OP THE STATE OF TEXAS. 11 .£: . o tA I O S o S o =3 u . ^ g ^§1 ^ o ■£ o tcToT fe C3 r-i o , p, -ca'^ a. £ a ^ a 2 it S H S ft? S o^ — o 3-c fie< 9£ goo PS _aJ , 03 C CD "' a> o .2 "§3 .2 03 03 .2 ^ 03 00000000000 -_^ - OftOQQfiQfiOOO 02<^O" SQ t^o t>^;3 m-^ c3 d P-( f^M 6?^d3dSoo6ddddddd6d66d6ddddo - Q-rO-rOQOOPPPOOQOQOOOQOOOfiP. 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C3 " p CC •- --^ — P S fc. c c •o 5 2 o o o S PC'S c c Si; , I ttto ^ O = •= M OT >6ddd6d6j'ddwo'J^dd«'d*ddd6dddddddd«cnK?p«Jdddo'd OJ <0 OJ CJ CJ QJ ." <^ OS 03 03 P4 03 (jj c3 ^ o» ^ Q or»icooO'*oocsc^oio«£:U3^*i:^o^GCiooDcst^coecot^'^0'*occ>C'^ooc;cc'-Hio^Hr^ .-• CO 00 t* •^i-H 03^ cS do^d* . p- s »-' .* . a^ S cj ti I —I ^ *-^ rf "3 •a 08 fc.Q (1/ -^ •*- o a2>-.B dd I Q2 OS kl ■ ^^ o S,*^ ^-' d d w 5 d c-c ;:z;<;^ 6 g o^ ■^s-^So :,^^ :q :<;w 00Cfe050S030S050i0i0S0aCi0i0>OOOOOOOOOOOOOOOOOOOOOOOOO< S5S JTj-iO^Ct^QOOSOi-Ht DC3 Q^-CJCO " )Me •oiau}>n>oio>au3iovco S8888S 21 CLAIM OF THE STATE OF TEXAS. 15 ii •9 .a O a) CO cd 03 03 t»2 t1 rAi '^ ti ^ ^ 11 11^ as tin ^s§ -«^^ O O !^ SCO'S ^^ 3h^^ i-'cq H+^ C3 P. p.p,p, fto M °5 (jZ ooo fl a d ofcl tN-n tj'dTj Ti.!-, Ti?^ 222 Qj a> a; -ca -a-a-^ .2 n 1=1 PI'S C3 M as o § s => o o ^ o "3 2 oS cuo"iJa'a;da)„6a>d ^„a §1 go's S " o o o d • • -Pi J r-i c3 o3 c3 O 03 "O OOmO Pi.S o o o." _ IH 03 03 >-. as ca o3 a H a ." 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" o E.a"S O.Q rt •?.d. hJ :W :h fea : ■go 9^ a' 9 oj ea £ 3 I a o ;s« :o x i o> o> « WC^CO^'^»CO(£'t C*3C»5CCfOCCOOCOCCCOCOCOCOCOCOCOCOWC*3COCOCOCOCOCCCrjCOCCCCMMCCCCCOMC*?COCCCO ?564?5cMeocccococococ5cowco^'V'V'^'*"^^5;S2:$i2i2*2i2Qi2aS23 ccrccocccoeococoeccoccMcocowMMcococococowcocccocococortcococortcoco ^? »SS8M§NS«SS5ciSe5S?5SMS5SS5Ne5S5S5SSSic5c jooooop s fl CLAIM OF THE STATE OF TEXAS. 17 S8«n o [c c 9 :]^ o K» > ^-^ >. -s t> > > 1 u. ^ vi. %, u, Ut oscooNoooiiooooioi^-^t^cowpc^o — -- — ^ ^T\ r\a rvi ra 'V- lO C^ Cl *0 '— ClOC^OOCOOOSWC^C^CC »Ot^OC^OO(NC^OO CO OiO'^OC^IiO- OtPOC^ — c^-^ci-^r < lO O 0^ (M (^> ' I'- lO O o: c; ri c^ Oi 1^ -r o CO -o o CO CO M :o o oc' tc <: O? — ^- T-< ^J' o oo i-T 0> »0 -+ h- P4 O to W.2 :<1 a'-' ■ ^ ^ :'t3tJhs'^ ^ i^^ a; M C d^s P,"S g O 0! > QJ > wCCcQ 03q Sea P.» P2 O (u c C f=< o^ ■ o ca o t^i^r^i^i-^ooosooooO'-Hi-!Ncor ccpocococoeooo-^-^- 3CC-5»iCiC-.Dt^l>CO Oi 00'-<»HT-li-l.-i^4i-i,- S& Ui • ft M : ->' 3 a; a> O "' M S o • - 2jn ""is ■ a> c '-" SftS •3 ^0> C > S-« ai o *^ a c 5' ■ o c > ft ft J? o Si ./ ~ -5 7-r - .i^ =^ — " i^' t- ~ - c'g . ^ ?5 © o o g c; =5 o - S ° ^— cs •(=■« n-w §■« ciP .Si ■ o o — 11 •T »^ O t^ 00 CI O 1-* W CC -V to CO r* 00 CI O ^ C^I CO 'T »0 ».- I* i.-^ t.*? li^ .rj iC 40 >0 •O ira iO «0 O :D O O CO CO ^- ^ _ ^ ^ ^ csc^c^c^ ^ csc^ c^ c^?< cort ec re ro ro CO ro cc M r^ re ?■? 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S 5 O H 00 0000000000000000 ,-H,-(,-^^^,-lr-l»Hi-H^FH^»-t^^,-ti-Hi-H^»-(,-«^rH»-t corcrocccococ'^cocococccocororccocccc co cc co co co co co co co oo co co cc co ?o co cccocccoccrcwpo jrOCCCOCCCCCOCOMMJOCOWCCSOMCO CCCOCOCOOOOOCOffOCOCOCOCOCCWCOCCCOCOCOCOCCCCPOrO CLAIM OF THE STATE OF TEXAS. 29 5000000C 5000000C •(NOOOOOOTjt •OSOOOOOOi-H goooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooo O t^ O lO CD '— • CO yi 06 cA di ci '-O t^ o . >> o '°'a ts 03 03 ^ Sw -W • • • lii§i|l ,-t ^-i ^ r-^ T~i y-i 1-i C^C^C^WMC^N CC CO CC CO CO CC CO CO CO CO CO CO CO CO W M C^ C^ « C^ (N CO Tf 10 CO I> 00 i>- 1^ r^ t^ i>- r- 1>- t-- r^ t^ i>- !>• t-^ r» COCOiOCOcDcOO cOcOcDCO'^cDcO cc cc cc cc CO CO CO CO CO CO CO CO CO eo 30 CLAIM OF THE STATE OF TEXAS. S ° O CJ 3 O M2 o3 S 05 &g ft M 0> O O 3 O 3 .S.S.S Q> Q -i-.* ..6 „j ^ o o 2 w j3 ^ C ^ * 3 -5 a y, - 1^ n ^^■^ §5 • o s2o^ SP.S 2Eg fcCd^« :r!.'" 3 2 3 c "^ O 3'S — — 1»' od-5SEi;4 2=6^ sec . cJ-^„ '^ tS • Ot>-00OlO:Ot-i — CIN coccrcrc««M:c:c !CDr~OIJ050^Ne»5f>Offlt~OOC I ooooooooo icoe ■ QooooO' iNNMNNMNCMN CLAIM OF THE STATE OF TEXAS 31 m f^ 2: . >, >> a a . a M O t, — 5J C §«:^ a a a o & 1! p. p. 00 000000000000000000000000000 , 6 a g d -a CO CO cc q; g; ^ CJ Q) maim mm ;?^oo-^oc^io^ic C«3>r3Q0;0OOOOOCC0O:0(N0C0J CC ■^ C^l 1— < CI — ' 1-* CS ri O O i-H Oi C^ O -^ OOOOOOCOC<)eO*OiO»-icC'«1*iOOOOlQQOO«OC^»OOCOQOS»-H OOOOt^-^t^05Tt*C^00-*0i000iO'-HOOC0Off0I^^Ol0OC0C0 6% --I >>>" O" a; >.>>[ U o o o -.S «" '^ a ^Si^i^ a S E >!? »?&'o§^cQ-^if ^ . „ . ^p.-c -2fe"S^Pr>^ -^uJ S£°og£S-gS^2Sg2og„ rtO-*^*^OOc^-*^t^"ti ."t^b+^rr»-*-?rrt_r S'a § a^ a o m iM 4^-a g c^-|S a ?;^ 2 .-I's^Sii e a o - =« ^ =5.^ •- aJr7 oq awW c3 >,a o i' ;«>.p . . . u . . . o : : :< S .,a o « mZ ^ o o a ^^^^ =35 a^a ooooooooceooooQoooccccooooooooccocooooQOoooo(/;(»oooooc 222Siii22222I!2S2i;2£2£2 cocococccocooococ^^cococococococccocccocococococccococc cowcocccowcococococccccccococcccc^c^coc*3coc^cocococc cococcrc^oTO^ocoroccwcocococor? OrHC^ICO-^fcOCCC^OOOiO^C^CO-^IO (MO»M(MCMC>>OJMIMO)mCOCOCCC^m r^r^t^t^t^t-t^i^t^r^r^t^t-*t^t>t^ 32 CLAIM OF THE STATE OF TEXAS. O I Z (- i: S^T! j? 9 C O 111 3 3 = O.P.P4 P o j^- o M p g a <* Q «3 p « • " - 03 a o< (3 p. a fi-^Q CQ 03 !i> o o ;2^ o a oj o/k^ C/lOQCZJ KW02 CC CO oqS §COOOOOOOOOOOOOOCOOQCOO'^i-<03C50 COOOOOOOOOOOOiOOSiOOCOOCOTpC4C^© •^^ ft5 a& "SI'S oocooooocccoooooo coooooocococccooo cJOQoocooccodocooo ooooooooccoccMcorococcco * 03 DO o . 66666666 ■^aJtn'^^'*' -^a ■■o^^^^ 66 6 6 6666 6666666 !So5^5sis^W,2c^tg^^ :::::::;::::::: eocoeocccococ*5coMcccocococ*3cocccoeococoMcoc^cccccocococoeocccocoeocoeocoeoeoeoco ^3 CLAIM OF THE STATE OF TliXAH 33 — oooooocoooooo— 'OC— : ■ ■ 5 000000000000000= 1 • ■ ■oo't^i^uooicoooooiooooocmoo c^orc — o;o(NOOOooorooooo:ooco>o oodooododoooodoo'oi^ i ■ ■ • • IC C^l t^ C^l t-- C^l O CI C^ -M CC C-1 r-- Cfl CI C^l -M fM 'C CI :£: «? ^- ^^ 1— ' O' :r. ^ — o c^ ._2 -S3 ■oS^lS . i: .2 ^ -- c. c i_ ■ . o rt U5 ot^x xocococxocxx-occcocooccooccxxocococoooc J O O -^ 'X I :^:^tcc^7cccc^t^? : o o o o o o t : c^ ec CO re CO ^i0Cso^^CJ:c-ti0Or^G0C5Or-H: IK -* lo o 1' r - t^ r^ r^ t^ t^ t^ t* t^ r^ !■- 1^ 1^ t^ ^* t^ r- 1^ t^ t^ t^ I wt^DCooxxiCoooCQOXocCBcnc-. etc-. rro c: orrrc; 3:c:c-. c:05 0-. cvoosv c;o:o:s:c:o:i3: cv c. Cl O Ct C) CI CI Cl Cl CI M CJ CI 0» Cl IM CI O M CI O CI C I CI : CI CI CI CI CI CI CI CI CI CI CI CI CI CI CI C3 CI CI CI CI CI - - - - - M CI CI CI CI O C> CI CI CI CJ CI d CI CI CI CI I CI d CI CI CI CI CI CI CI CI d d CI CI CI CI CI CI CI CI H. Doc. 551, 62-2 3 34 CLAIM OF THE STATE OF TEXAS. S ■? § e o e " 8 •a w £^§ i tJ O ^ c^SftS;:; . «^oooooooo9J'>:«3_aio •S. ct; :s 8 "2 O O O 1-1 lO CO O O QO O O * -^l* oi O 00 O 5'-» cocococococococococ^ffococccc coco CQCOCOM rococo eo CO coco coco CO coco cococo I'- t^r>- 5ti ^1 999S99 9S92925Soo<*95OO30oooo'^ooQ&ooooooooooooooco o»o»-(oico'»r»oor>-QC 00 00 CLAIM OF THE STATE OF TEXAS. 35 .s ^ CO K § 88 ^■~«« -S *^ p. ~ O qT C 0) c3 O M> dddo'ddddSodooooo 99 Qi 6666666669 •^■a-gQQQPQfiOftQ.2 III |5 .QCC ?SS23 ire cc »o CI CC CO 1-t f^ el SZ COt^t^f— lOOi— (C^OaT-HOCJC^OOSCO CClOrH(M-Tffl Cl^i-ii-lrtrt i-l i-H i-HiH ■5-^ ■^^^^Tt^Tj*-^ lOiOiOtOiOiOiOiOiCiCiOOiOiOiOiO OOCO<:0':00000!X>CC>CDO CM (M (M CO CO CO CO CO ccroco CO cocococo CO CO CO CO CO CO CO CO CO CO CO CO re CO CO : t--h-t-r~-i>.i^t^ i-r-^r^i-* . r^ t^ b- r^ r-- 1^ r- t^ t _ "S CO CO CO CO CO CO I- r- t- r- t- t^ t _ _ _ _ _ COCOCOCOCOCOCOCOCOCOCOCOCO CICO^ »0 »OiOiOiO OCOCOOOOO r»OOOiOi-i(NCOTfiCOt^OOOiOi-'(N CO'^iCCDh-QOOSOi— ilMCO'^ip CC'OOOC 00 ooccoox HWIMCMdWW(M a t: s ca c3 c5 rt S «odd66ddcJoS«oooooogoo-d«-«- W CO W M rt rt d ea X X v: « v: - o 3 -;. 03 t» M T.-f.-r. X X X 3 o o a O C3 a.^ 2: .^ .s: c3 X XX — s^ • 00 o oe »-< : :S? o o o o o I- aj d d u-5 ri d 0" s o ■^i 2J 2 « ~> — S 'i 2 S "' ^ Tc == S — 2 SJ "' ■ wj oc d cj 1- £ t~ 5 o -J d i~ t~ n t- h- £ c t^ :c o 1^ — -i ai irt o C". — -r in I- = t- o 00 i^ I • ■ •« ci o m a. «2 iK ^i ! ;oOO -2 ^ 2 '^ 2-5 o^'C 5 33 p ,«* 2; 03 O •■- -^"^ '—— °r^^ ■■'' ^ ;5 ,/ -r '► rT-^ ° 5- r7^ -i " " '- • X 02 -^ »• -^ p-i ; cOco«o^c&to;0;DX!^:S'£;0:COc&^OOcDw:£*Ow^w^tC*.s:D:o:Cw;0 l»(X00Osc:> r^r^r^r^r^t^i^r^i^i^t^i mnmnmm'nnnnnnnmnmnnmv): - 1^ h* 1^ r^ I', i^ t^ I* i>- 1^ 1^ t^ 1^ r^ r^ t>» t^ r>. 1^ r^ t ^rtrccoc'SWcccc^co 51= ^ « > ^ « S c< « r» S CI CI c^ CI S ? n ■?) w « C-) S c^ 01 ri M ?i ri Ti ?i oi ?i M ~i n M f 1 1 360 * '§fiS ■^ ■v "(T ■^ -r fOtp CLAIM OF THE STATE OF TEXAS. 37 llE-i «£• Z. SEf eg O ay . „ c, o t-'S 2 H C C - oi or s fl « ? ~ ^ tH ^ -; o C'/; •a « M 2 ^ 'J3 r 5lcf i?i, ??i?io^9i?, fio^o^. 666666666666666666 o:irooo-+oioO'X)cO'x;oto ci 00 c; *c' :c c; ?t r: V} cr: :c o ci I— ' -i- -r: -r -f 't' y.' -— >o cc *-;3 o*. o oo QOQO ■ QCC: ^^ ■s o OOOCX'OOQC 0000 •»» fc ro rr? ?c CO cc ^5 coco 5 ■■}. a, °'" W c OOtg'^ecccrccc?oococcecrocv5c CO CC 00 fC CO 00 CO C*5 scoccco^oo«^oco!^^oooccofCl^^cccocococcco ^OOCIC-ICI-MOOCO'COOOOOOOOOOOOOOOO 0^ -C ' Oj ^ ■Sis 2 w^ ■ !^C- • a l'^ i i" 5^^ iiw^.'^.^ i% 1-3 11 § S'&i o^°^,^zi 3 o = b c 0caiC'--c^jro-tio*^t-^ccaiO3a3a)aiaic:~-o:3iCTi3;aic:ai3iaiC;C'. CI 3iO;ciOiC-. ->:, «:- oi oi oi oi o; o; CI ctj Oi Oi ji 35 oi Oi a: a: a: Ci ci oi Ci 31 a: 3; CI c: oi a-, a: C". c^ Oi OS c". go 00 X Ci Oi CI' a: C C5 oo 'Xj -X! cc OD ocao cooo ■-Dt'-occr. o— (Nrc-i'icx-i-aoi-.aocio^cioo - . . OlOiOiCsOCOOOOOOOOOO'-*'-**--— • — —<^— •—-'-• CI *IC4'MC: oocoocDOCicios c:. OS c- o; c. ocicioojci': — - 1-t CI CI cj CI CI CI CI CI « c^ ro ro Ci C^ ffj Ci C5 Ci Ci Ci Oi Ci Ci Ci C C". C: C; C. C- C- 5CC too oo 00 y; CM M C-l WW W C^l l-l-r^[--C(0<»GCCiC10iOSCsCidCTiCsa;CiC:CiCiC. CiC;C:iC5CiC:0>CVC»CV 38 CLAIM OF THE STATK OF TEXAS. a o 171 sssa ag&s SiSS- r> S a => £SS« o ^'° o 0) O s a o ►-5 s o a a S t: ■■21 C X 5 ill ail lis a t-^86 o 5|.s.= — ' OJ c3 CJ •si-! D '^ O B t> a t> ^ , , 1 ^> "S -3 >- 53 cS goo i 'S^.S-o I^i . 'jac 8 igssc d e S u ■> V C3 <3 ■" ?-iS „_ - ._,, ,,00000000000000000000000000 — t.-^ h r r M 32 Mcofice: BP-cQ ioo>ror^O'^'COO«o^oor-"CO 03 o o c' t - — c! '^' = x 1^ o >!-> ^" -^ C9 O O "3 a> o "o S P o a 03 •-ni-jl-i OS ej _M o » 2 2; as • B-2 o^ 2 S o u OOO! ifj .O ■* ' ?88SS8SSSSS8888SSS8SS ! CC 'fj O O « -^ "C -di 00 "Q l-j ci O t^ O 00 >o "5 c ci III o o^ Xa ~ If vf CJ o — '"--^ aSa ;3l^<;^ :b5 -3 3^ O^ 3 ;^„-, a ata '/jyj.a = 3"^ pH ^ ?^ i?S oooooooC> CiCiO^>^^Cl«a*^^i^'V<00«£tOO:0':0<:SqO:2t£;&(O^XCC*.OcO«C«Oca^OcO^^<;0<0 CLAIM or THE STATE OF TEXAS. 39 &i »>> 58 a ll O ^ SJ° 8 «^ coP< m >■ t- ^a C ate ill Capt. Ford's corapa belonging to the State, e in Capt. Conner's compa t. Wood's company 1 >, 1 s ^ ai. ^ a c aS2 a a C3 P .a-sg- ::oi leson's 147 da 23 day ner's c c S . o 3 II c 5 c3 Q :S-S5 ^ X ^ a ci^J ^ a 03 jj C-(S rtl ft •? 3~ §* o > Ph a o > a d P.P.a c3 O ^ u O.CO w «5 „ iJ ^P.O a 'DT3 c .a §.2 S^.S c S S.S m o o m 'X VI en m C M K Cfl 666666666^. 0) r 9i9 ai-C-rn q.2.2.2p; ■^o ■s-s-s^ S Pi can .a.g WMW > >f» O C^l O o to re C2 O c^i o o io .-4 CO o ir5 03-*OOC0-*00— lO coooooc^r^OiO oo>o r- rH« woe catCtq - (_■<;< Sp'r; = a a.- osfe— s OO"-'SQa,03w . ■^m'^ tiN.2, cc -.^ irt :£> 05»0?OCOOOi05^lOG0050COO>Tj4 r^io COMCQ-^Ocioi^OCOCOr^t^SDOOCDi-H S 1*^ tj' w . . as gJ— <^ js a Qj^ ^ ' ^||||ss|^>-.||^aag2|-|j OOCDCDCOCOO OOCO COtOCOcOO OOOOOO OC X o; He«IM(Nl> NC^!NC^C)C)ie< 40 CLAIM OF THE STATE OF TEXAS, p. c 1- O ^1 ^1 5t: is •S Si saaaaaafSS la i^^a^aa isl| ss OS in oooooOi-Hom 5cq ooooooo ^_ SSoon^xooo •S'S J3 » g o_ ."■•aal-" t^§?S: E 3 o o -5 >. o o o ■r -3 O-^ -3 -3 -O MOOOmiOost^OSO^iOCCp-iS o ^ > o Jo a; fl -h' ^. "^ ": ?:""■-<■ "3 o 1 . ^. l^-'isacwQW 52 52?5222S2!2!25952?5?9 •* ■* ^ Tf •"»■ Tjt ^^ ft: ft; tr 1 1 tr 1 1 ^ » 30 » 00 •OOMOOOSQCOO •C>35;53!aC:3JC5 _;as?5g??S?s?5?5«?3????3^3SSSS;SSS^25§5?i?3 SSgS?5?S CLAIM OP 1 aE STATE OF TEXAS. 41 OOlCOOgOOOOO»Ot*IOOCOW3QOO»O^OOkOOlO»OlOlO»OOCO»OQOOOOOOO»OOOlOCC0010WSOOW50»0 oco:Oiooo«^-o.-^ooo«^~c^c«■*ooc^o)Oosl:~wo50<»050c5o^KoSolI5a3ol^ilO^S5r^^lO'-l •d"3 • o'.S 1 42 CLAIM OF THE STATE OF TEXAS. E S g o o o •rPCC o y^ 6 V 6 6 6 6 6 p. -^Q^OQCOO C3 ^ .a Q "> ct; .1000 M*0WOOiCO»0 •r-OO C**COOOOOCi .?s?ss ^ S?5^^ c>> •S > ^ >" 5 ooooe4< OOOCOJt OOOO-S'O :ooo :i-> *:sc.'hkwv^ .-; d d d -«i d ►-;►-; Hi ^?:SS<5 11 5fc -- ^ ^ — ' ^ CSC^«CCCC^MC , ^ ^ ^ ^ ^^ ^ - ■ 'T 'T -^ -^ "^ -^ "^ ■ ' -V TT '^ "T -f -^ "^ " ' -r -^ -^ -n"^ -^ ' > ^ 5 rt c; C5 o: o OOOlO'-*C^CO'3'»J S>050000Q< c: C O O O O O c Oh*G0»Oi—C^cC'^»r5Oh-0C0iO^C»eC'^iOC0 OOOOOOCCOOOOOOOOOCwOO ?S2sggi§ 8SSSSSSS sssssassssssssssssssa CLAIM OF THE STATE OF TEXAS. 43 dd6d66666dd66doooddooooooc>doo*;*6666d6d66oc>oooooooo6dp tH 5fiOC iftOiO»rnr>Ou:)C0OOO00OOO»0inOO»OO00»0U0OOOOOi-HrH»0inQOOOOOOmi0OOW3l«»^l0Oir:iOO S§S^S§SSo^030loSo^-ooSOT^.Sooic<^ooc<^occ(NC^■*■<^'9■*lOffl«^.-l.-H^~ocq(NO«50lOMt-lOlrt o6■^c^05^-^^ooioooc^^ujl^QCOlO(x5lOlOa:5ol^ocooo^*oo*odoco05^-'T^asoOl-HOO^-H-^o' ^ioB3;'-H>o^c^o-9''»cc03'*'ScoNoo(Ni---^S5iotoioc^-*'*-*comTfTrT-ic^-*«io'*^ tuo tuabc S D 3 ._ 1^ « -w , ii< ~ -w .« .-, N ^ :^ s. . . • [i< N^ [i, -c ^ .t: -t; ij ^ .t: 33n^/3^nnnM 2 g" fe fi< S "^ ; !;sE^^«JS^,.,.^~SE^^^a.;a:;a.;ss^.^-^. JMCO ..K^ rSm^'^'^rn*^ ■ -aaa . . . -de; M*'»2 2SOOO (i.fe Pfc!i<' S S a^ a^ -C M U' ■^3 m a a ^ e >< S''*^ 53.v^.o3c3o3a3 fill ■S ''-'■" •-- 3 '^ N 9 ■a • r"-' ii] ±; ■'3 • r"" 2 y, E _s ™ f^ ■xj-O N*^ 3 bC' -N 3 ' -bo - , tc3.a no" ca^ 3 'M'MC^C0COCOC0CCiCOC0COC0CO'^3''*'*Tt-TpTt< »CiO»OiOtOC0 0> 0> OS O O) 03 O) O) Oi Oi Oi Oi OO) O) A 0> 0> 0> O O) O O^ O) 0> Oi O^ Ob 44 CLAIM OF THE STATE OF TEXAS. AS "S.t; feooooooooooooooooooo 5>? -1" o CO :c -^ 'O "O i^ »-" :c "f o ^ c^i o 'J t^ ^ ;3 :o 3^7 g .5 S ^i- -' > 'J > = 5 sl~-t- ) O i-O >/5 O O C lO • : ooQOi^c o -^ »Q f- ci X I- r^ ci o lit c: a: ci ■^" ro :c ^i c^ .i^^-M «t ;i M S; K ,_• . '^ P-r 5 = c • C S! .y3« > 5 ^ 3 = a ag b ' ^ a i " 2 ^ ■*■* •v ■* -* -p -1" -r -!• i« -r -r -r -r 3" 3" 3! ■^ •»■ «30 •* 3» -^ -^ -r "i* -r "T -^ *t< n* t« 't' -r -p 3" -^ -^"^ 3* ■^'t •^^ -^ -^ ■ .SSSSK8^^«*5S?iS A o> Q> o> a o> ^^ ^* ^^ cv» r^ M M S ss CLAIM OF THE STATE OF TEXAS. 45 ^£? boa D 03 si 0< ^ O P. ~ §5.5 I 03 B 3 <:? '"■ 1? " ^ .5 ^ 03 -^ vj &M !/; 000 O OOOCIM ooc oc« O O O O C CC 000000 t£s: CO s: X3 ^ -: 5; 03 M-h S S Oj .cc^ ^; 2 o^ 5" rcC0O»Ot^00C0iO>OXit-i05OO'^C0(NO»O0iO00Cm^CCC0^-C0 lOOOOOOOW^tOiO BO 25^CS?:c ' ■ o si s '-' -|'^-g|5c ;3 *= oj . • i_i . a ;5 i: • j o 03 03 ^^ o -; . •c-a'ca-r) > g!> K t-i m m (*< S »- 1-1 <» O 03 < 1-1 co i-s C ^^ J E ■ So o . o M 66 SSon;j=la-oJ' f^S .2 03 '3? J iccb^ is '3 ' . ■'O o '^ 03 M 03 ^• rj • • .^ GCOOOSOOOOOO— I . ;« Tt< ^ , .^l ^ ^. ■MCC'*incCr^Qr.0:O^!N ■OOOOOOOOrt — — ' :c cc cc cc 46 CLAIM OF THE STATE OF TEXAS. s ■zsE « o P o goo S -^ « .2 S o o o o . CO OCOI^CO .toococioo i 10 (^ o»-i 0>0>OOU5U500i.'5'OOOOOiOOOO s.tra 5c-' 3 23 o m-^ in' o m .Mh-J sis o ««5 rt c3 "; o> 03 01/5 o »o >o lO «o t CLAIM OF THE STATE OF TEXAS. 47 00000 = 000 C-1 000000000 ■£> S'OOQOOOOOOJ COMOOOOOOOl El 03 p. E p a> V 1 m O M> ^ ir!'C ^ 9; !S SS^oooooooooo -g|.gQQQOQPOqQn OOiOOOOOOOOOOOO OOTTOiOiOOOOOOOOO i-H CC Cv"! to X' ■-• C^l !M O t^ O CO O CT Tt CO t-Tci iOtOt^OOOiOOOoOoOOr-iOsO i-H.-HC^'iJ^OCOO-^iOOOCOi-H »o --» X -H o 00 (>» lO ro c^^ "* »o r^ '-^coocX)OOOOOoooioo«oo»f:tOioioooc ■^COiOi— lir3»Oi0»0»OOC^C^u3C^O»OO00Tf»0OC ooJcoTjiioc^c^ooowcdcoooair-^T-HiooJooiir: CO CO CO '-C CO ;o CO cc iM ^ t^ CO lo re 'O o r: o X' -r 2 C^CO^ LO-^t^OOdOi-H'MCO'^iO ^ o o o o :c '.o 'X) :o r- I- t- r— t~- t- S C3c3i^c3c3c303c3<:3c3c3c3c3c3 00 00000000000000 T-H o o 00 00 o CO o o 00*0 o o6cooooooroO'0»oocoo O lOr-tOOOOOCOOI^HCCC^lfMO . . . .^ taj • aj~. S Tf TT "^ ■,E >. a o c £ "E o« o a m 5j M >- M li-i = 33 5SE -f > OG S aJ S o o S S n • • ■ 3» 3 OOOQOCiO-iOO d i.-i ci =■ c ^c r? — ' s: x id t^ -f O t" ' i I- o c^ re o re 2 E.'sip'^itr ^_ . E_E S .H J5§ gs o o "C "O O! --e = o M cj — < 00 r^ o o •. «^ n C oi a--: — ■2 5 oK •- gBos £Ee- E 3 "':° ■ 3 • c^Q ci o c^ ..M :0 O >0 ^ CO O CO CD CQ CO CD CD CD CO CO ( flNN C^MN NNNNN dC^Ci^lCMC^I C>l C-» 2-fi CLAIM OF THE STATE OF TEXAS. 40 fj OS o o o o o o o odd do ^^066 ft'QQoaaQP -H-ioaoaa -goon .So O P- •-.2 ots = a|«l| gg ws ^5 ""Irt o S'^.t; .^ OnJ -iJ +j p» > i§ S SnQQQa)4»ddi'S«'*'<''0'oi'J??!oSo 8 § 00 cooc 1-'^ Oi o 10 O 00 1-1 00 00 Oi 0: 1-f ^ f U5 Oi-H I-^ goo « oco^ o 05 00 Oi O Ci "0 O 00 ^ »o Ot^lMO(M OOO — u s a e .S .2 "^13 is 3 w)'>.o l^o"-* fig's ■ir 03 £ 9 ■ r^ . • *" ;^cq § § : fa ^ "■-■ -^ ■ y£ S- S8 Ofi rt pool -.^ ^ -.31 -J(N'MJCN MNc^fMC^c^c^MM '^'^ji^-«tTj'Tr'«i* ■^^■^■^ '}'Tt< -ij<'*t-^-^-^rf'^-*'*j'»ciO'-'5"3 0ioioio«oco^-^y:; H. Doc. 551, 62-2- 50 OIAIM OF THE STATE OF TEXAS. -"is a S u PisS 50; « .? « c es '3 03 C3 O O ea-ti OS .SE.S f-l k# ^ o S V 00*0004)0000000 O- J; 000000 ^^ ^, fe d o' 6 •^Q a> S J a,S o asrc S)'/j u H -s f-i o 00— *»O-^'^O-^OO0000O^^OS Mix) : • •- ^- • t- E? . ^^^^ o -^-A ° b . t. ---V :So|-eQ><^-gS.«~feSSso| • — ' OT ^ ffS ii O O X^c_ J— c; — *!; C ^ Ut Sa^ S o5 n o > oBt^ § J-^-? ■ OOOCOCOOO t^ r~ r^ cs c< t~ t- CO CO CC CO cc cc cc - ^ 2 M "-r 5 ^fcij "j&i « «■* :u !« a =s . • a- :-c-a > CO CO CO CO CC CO -^lOtCOCO rt oj WH C«5 . S J o OOCCOi ^ OiOiOi Oi Oi OiOiOiOi OiOi^ Oi Oi 0:00:039) OOOOO OOO CO :0<0 COc0^COCOCOCOiOOOO< _- OOOOOQW3CO»CiOO"5COOOOU5lOOO'«OOW3QiOOOOOOCOOO ;85 (N Tfr-l Wrt i'^iOt^OO<0<>»IO':D005»O^CO'*C*J^^O»-iiOt-<»00 -HiOiMm rH INN i-llMrt m w C MC3 o CSS l-iCO •a a-' 2 03 5gS oJSn 0) : : ; 5c+J.a ^ >^ i^ S 3 > C'^ "? S 9 O Js 03^ fi 3 _ ot S^^^PiS, (/: 03 o 00 000000 52 CLAIM OF THE STATE OF TEXAS. OOOOOOO SPOOOO Sosoooo S8 ■"Tin CM X iCCNI iO ^ I oS ^o 2 , a g P o o 'qS-a ODCQCO ^S :^| .gf^^.l CO CM-^ Co <5s 9 o .C O e O r- S O K K m g O J; r- P o O w ."SOJ OOOOOOCOOOOCOOOOOO OSC. C50S< 0> O) 0> Oi O^ C3 Oi O 0> O OS OS 03 c ; ^ ,_; 1-5 ,_; i-> . S te « .S "" a; 10 IC tO u? u$ U7 >0 o> o -H « eo •* m 6i ci oi N c<) ci (M 00 00 00 00 00 00 0000 00 0000000000 00 W 00 00 00 00 00 S-o CLAIM OF THE STATE OF TEXAS. 53 o o o o «< OOP P-g cWfe ^ SbwO . o OOO OO CO CO CO CO CO 00 0000 0000 M CLAIM O^ THE STATE OF TEJS^AS. t-Hf-H C^ »-• W ?-l »-( r^ CO ^ ■3B0 ^^r.sp a>^:aa sac ^ c^ e i-< M M 'n<6cC »C »0 lO 'O >o t. iC *0 «? 'O lO »C lO »0 to »0 lO "O »o »o .*Hi-H*-H.-iCSC^C4CSC^C4>•..» . o ® g i.'^. o •- 3 3 dyy> o o B a s -^-^ to w o a, £ a-o ^ . o g -^ — « -^ a — 11 V 0; vs ^ C3 ^ CO S > > >• ai « rt § S **'S "" oi oj oj "5 X C 33« 3S 'I OS'S *j c c — a c a t vi E O "S — aja;ggj^^. g Q^ogg ddgdd® dodo odd do ddddddeJ COCh ■ ?o-hOO'0 oo or^ • ?o as ^ p o6 lo o w M •■"Cl-^OiC C^l OS lO OS 'M -1 ■«• -HM e ea o 'O'O - - ^ - •-a oiiJ p> (Ss.>.«'5'' : :S^ Sc :£ = 2^ ■ « Ji <. u. o • . * '^ VI O ^ o F § 3i§ « ■ = -,=« iig ' a X -^ "3 . JM 3 3'-' >-)r.- |r-^^e2e5cDOJososo6oioi a c iS 3 1?^^. .2 -^ ^^ — ■7^ -e t: '- o ■S^: e^S .C^O'5 gEc cfl C3 a §a "O-S^ 03 Z5c = -^;a ~— o o m P-. O 3-* §.-^»So ^%.^5. g „ d a go .t '-p3Sas .S = O « o |SgSa ^£„aa ^g • GCoso^cj re ?C W CC MCC CCCCCOCC?CC*3 eo C5 rt CO C*5 CO CO CO CO CO CO CO CO CO CO CO rO CO CO 00^ CLAIM OF THE STATE OF TEXAS. m e >>g §^ g.« BS ■ o c s company son's first c ol. Dalrym company. c E o B p arnell omlin seofC erry's 8 T3 O ; o air aPQ S.'S^ a %, Pi ^ ds VI a C8 oo|o O a a a a S sbSs a 63 S ffit > >-^ > 3r > 0,Kf A OJ '--^ .^^iii«°i«is ZflZfl-<'Jl 03 i s a « 03 p. tf^' p. p. C3 03 p. p. 03 C3 Sl-i 5S?i o t OJ+^S t. S " lis 03 fl-i ^^ 03 (^t o-Sos ■ ■i^ 3 o i ^i: o o s 2 a g 03 oi o6»o c 15?^" lis Z tK sz>, ^^-w-p ^^ 22 a § a •a'S. tfr«PiS ftoSM o" <5« a 53 o oS^ o. 'So'^3 .•§ . -ccajo >— ic^eoTt'toot^QOcs o -hc^ co*^ eocoeococcrorococc t-^ QO 00 QO 00 00 00 00 00 aO 00 Oi 05 0> CS 05 "■" fcc^^cocococococofc PO coco coco •OCOCOCOCOMCOCOCOCOCO TfTjH^-^^Tt*'***- 00 oo o o «-4 CSCM N W 58 CLAIM OF THE STATE OF TEXAS. Sgg o ou>«A 1-H tn *-HOi^V3CC'*CStDCD€Cf--ti-H-<»«t^QC«OOr-ll>.Ot^OOOOOOOOOOOect^i- 05 ^Qt>^ ^wg^e- Oa 5 — « -< . -^ f,#, c: -^ 5 t» >i; (in CC C ■Z.k ^^ ^ a.a« 3) SSC . ^H^" 2 R e3 c _ E . »X! ■o !EO JE 15 eo o CLAIM OF THE STA.TE OF l^XAS. P.3 K o be 5 ft 9 ►*> ftca a <=< 50 a§s ft E ■ 5 a bl s 2-8 S ft S ft SB ! B ^ 3 C ^ ft Qj «« O Q Q^ ■B'S CO Ol ^ ^ SSfts -s^^Bg 0,cl ftC^ a .1; u °o P E-tPh .a.g i tS •- a; •S >S!0 2 "* C ftfl "1 O to o oo be oo Kf, to I "^ E *"' ft 3 ft ft 3>'|> V •ii 3 ^ n P- ca i- 2 ir! CO Sm M S5 C8 cS a> >> > ftft ft ca eS S ^ S o Sod |Qq iC O O GO CO (N 00 lO 00 lO 1-H i-H CO lO 01 CO 00 TfiC s CO WD Tj^ioioOSi-HOOsOiO^COOiCOiOOOC^ Oj^eOO^WDcDOCO'^t^iO(NOst--0»-<0- 'o to *o »o>oio»o»o iO»Oio»0 • Oi Ol Ol Oi O ■viocor^oooi Oi-HMco"^ toco t^ 00 '^fi'"' c^cic^foco cococo eocoiooocoo oo»-(^i-«r-( ■^^r-^'^f '<**^'^ 60 CLAIM OF THE STATE OF TEXAS. I fe a o ■^ o o^ > .£3 .^ S » "5 « z; « 3 a « sal "si si sil > >• > S S 3 d d o s> oi « Ol cQtaoQ 3-? gOd S^'-o-d. --d to U? to ^ iO lO U3 gS0c5S«« CLAIM OF THE STATE OF TEXAS. 61' Exhibit D. CHAPTER 138. AN ACT To provide for the payment of three companies of minute men, commanded.by Captains John^W. Sansom, John D. Davenport, and Reading W. Black. Section 1. Be it enacted by the Legislature of the State of Texas,[That the sum of four thousand dollars, or so much thereof as is necessary, be, and the same is hereby, appro- priated, out of any money in the treasury of the State not otherwise appropriated, for the payment of the companies of minute men commanded by Captains John W. Sansom, John D. Davenport, and Reading "W. Black, for service rendered on the frontier during the year eighteen hundred and fifty-six. Sec. 2. That the officers of said companies shall be entitled to one dollar and fifty cents per day for each and every day they actually served as oflficers of said minute companies, and that the noncommissioned officers and privates of said companies shall be entitled to one dollar per day for each day they actually served as minute men as aforesaid, and that the sums of one dollar and fifty cents to officers, and one dollar to privates, per day, shall include all the pay and allowances due them for said services. Sec. 3. That the company of Captain John "W. Sansom shall be paid upon the roll returned by him to the governor; and that the company of Captain John Davenport shall be paid upon his making due return of rolls of his company, properly authenti- cated to the satisfaction of the governor, setting forth the number of days actually served by each member of said company: Provided, That no member of said company shall be entitled to pay for more than ninety days; and that the company of Captain Reading W. Black shall be paid upon his making due return of the rolls of his company, properly authenticated to the satisfaction of the governor, setting forth the number of days actually served by each member of said company: Provided, That no member of said company shall be entitled to pay for more than sixty days. Sec 4. That the governor may appoint some suitable person to pay said companies at such times and places as he may designate; and that said paymaster so appointed shall be entitled to the sum of one hundred dollars as compensation in full for his serv- ices and expenses in making said payments; and that he shall be required to give bond with approved security, in the sum of eight thousand dollars, for the faithful performance of his duties under this act. Sec 5. That the treasurer shall pay over, upon the order of the governor, to the person appointed as paymaster under the provisions of the fourth section of this act, any amount of money not exceeding four thousand dollars out of any money in the treasury not otherwise appropriated. And that this act shall take effect from its passage. Approved, February 13, 1858. The State of Texas, departiment op state. I, ('. 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, 3, 4, and 5, chap- ter ] 38, acts of the seventh legislature, State of Texas, as the same appears in the printed general laws of Texas on pages 209-210, of said acts. 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 15th day of September, A. D. 1911. [seal.] C. C. McDonald, Secretary of State. Exhibit E. chapter xix, AN ACT Making an appropriation to pay for supplies furnished the troops now on the frontier. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of twenty-five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated to pay for supplies furnished, and to purchase supjjlies for the troops now on the frontier, which appropriation shall be paid out of the United States bonds now in the treasury, arising from the sales of the university lands; the 62 CLAIM/OF THE STATE OF TEXAS. said bouds to be paid out at their comnu)u market value, and the amount so paid shall become a charge against the State, and ba returned to the university fund without interest whenever tne condition of the treasury will allow the same to be done. Sec. 2. This act shall take effect and be in force from and after its passage. Approved February 8, 1861. 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 and 2, Chapter XIX, acts of the extra session of the eighth legislature, State of Texas, as the same appears in the printed general laws of Texas on page 17 of said acts. In testimony whereof I have hereunto signed my name oflBcially aud caused to be impressed hereon the seal of State at my office in the city of Austin, Tex., this the 15th day of September, A. D. 1911. [seal.] C. <\ McDonald, Secretary of State. Exhibit F. [Senate Document No. 169, FUty-nintb Congress, first session.] War Department, Washington, January 27, 1906. Sir: The act of Congress "making appropriations to supply deficiencies in appro- priations for the fiscal year ending June 30, 1905, and for prior years, and for other purposes," approved March 3, 1905, contains the following provision: "The Secretary of War is hereby directed to inquire, and report to Congress for its consideration, what sum or sums of money were actually expended by the State of Texas during the period of time between February twenty-eighth, eighteen hundred and fifty-five, and June twenty-first, 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 again.«t Mexican marauders and Indian depre- dations, for which reimbursement has not been made out of the Treasury of the United States." In compliance with this provision of law I have the honor to transmit herewith a report of the result of an investigation, made by my direction, by the Military Secre- tary of the Army, with regard to the subject of the legislation in question. Very respectfully, W. H. Tapt, Secretary of War. The President of the Senate. CLAIM of the state OF TEXAS FOR REIMBURSEMENT FOR MONEY ACTUALLY EXPENDED BY THAT STATE BETWEEN FEBRUARY 28, 1855, AND JUNE 21, 1860, IN PAYMENT OP STATE VOLUNTEERS OR RANGERS IN SERVICE IN DEFENSE OF THE FRONTIER OP THAT STATE AGAINST MEXICAN MARAUDERS AND INDIAN DEPREDATIONS. The act of Congress "making appropriations to supply deficiencies in the appropri- ations for the fiscal year ending June 30, 1905, and for prior years, and for other pur- poses," approved March 3, 1905, contains the following provision: "The Secretary of War is hereby directed to inquire, and report to Congress for its consideration, what sum or sums of money were actually expended by the State of Texa.s during the period of time between February twenty-eighth, eighteen hundred and fifty-five, and June twenty-first, 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 reimbursement has not been mad a out of the Treasury of the United States." The earliest action of the State of Texas looking toward the reimbursement of that State by the United States for expenditures on account of its rangers and volun- teers, called into service for the protection of the frontier, appears to have boon a joint resolution of the State legislature "Requesting our Representatives and instruct- CLAIM OF THE STATE OF TEXAS. 63 ing our Senators in the United States Congi'ess to call upon the United States Gov- ernment to refund the money heretofore paid out by the State of Texas for the defense of her frontier since the 28th day of February, 1855." The copy of this resolution on file in this office does not show the date of its approval, but it is certified, under date of November 23, 1857, as a true copy of the original on file in the department of state of Texas. (1344 W. D., 1872, inclo! 60.) Under date of October 8, 1858, the governor of Texas wrote to the Secretary of War, inclosing "An abstract from the comptroller's office of the dil'ferent sums appropriated by the State of Texas for protection against the Indians, and now remaining unpaid by the Government of the United States." That statement is printed in Executive Document No. 27, House of Representatives, Thirty-fifth Congress, second session, pages 44-47, it having been transmitted to that body January 6, 1859, with other papers, by the Secretary of War, in compliance with a resolution of the House of Representatives of December 23, 1858, requesting copies of certain correspondence relating to the protection of the frontier of Texas. It shows — Amount appropriated .|184, 544. 51 Amoimt paid 148, 998. 75 Balance of appropriation assumed by the State and subject to be drawn 35, 545. 76 The consideration of this claim in Congress resulted in the insertion in the "Act making appropriations for the sup]:)ort of the Army for the year ending the 30th of June, 1860," approved March 3, 1859, of a section which provides — "That the Secretary of War be, and he is hereby, authorized to repay to the State of Texas, out of any money in the Treasury not otherwise appropriated, moneys advanced by that State for the payment of six companies of mounted volunteers called into service by General Persifor F. Smith on the first of November, eighteen himdred and fifty-four, for three months: Provided, That there shall be no greater pav or allowances to these companies than was given to similar troops in the service of the Uni'ted States. " (11 Stat. L., 434.) There had theretofore been appropriated for the expenses of these six companies $137,755.38 in the act of Congress approved March 3, 1855, making appropriations for the support of the Army (10 Stat. L., 636), and 125,000 in the act approved March 3, 1855, making appropriations for the civil and diplomatic expenses of the Govern- ment (ibid., 673), making a total appropriation, March 3, 1855, for these six compa- nies of $162,755.38. It appears, from a statement printed on page 4 of Executive Document No. 277, House of Representatives, Forty-second Congress, second session, that between the date of this appropriation and June 30, 1859, there* was paid out on this account $93,612.47, and that on the latter date (June 30, 1859) the balance, $69,142.91, was carried to the surplus fund. The records of the Treasury Department undoubtedly show in detail the expenditures under this appropriation. The subject of reimbursement of the State of Texas on account of these claims was again before Congress in 1860, and the Secretary of War, in compliance with a request for information on the subject, transmitted to the Senate Committee on Militarv Affairs, under date of March 31, 1860, reports of the second and third aud- itors relative to the Texas claims. (1344 W. D., 1872, inclo. 51, 61, and 63.) Con- sideration of the matter by Congress at this session resulted in the insertion of section 6 in the Army appropriation act approved June 21, 1860. That section reads as follows: ''And he it further enacted, That the provisions of the second section of the act of third March, eighteen hundred and fifty-nine, chapter eighty-three, be extended so as to include all the moneys advanced by the State of Texas in payment of volun- teers called out in defence of the frontier of that State since the twenty-eighth of February, eighteen hundred and fifty -five: Provided, The Secretary of War shall be satisfied that there was necessity for calling out these troops, that they were called out by competent authority, and that the amount so claimed was actually paid by the said State. And that the amount hereby provided for shall not exceed the sum of one hundred and twenty-three thousand five hundred and forty-four dollars and fifty-one cents: Provided further. That compensation shall only be allowed for the period during which said troops were actually employed in military service. (12 Stat. L., 68.)" It appears that the maximumlimit of expenditures under this provision ($123,544.51) was determined by deducting from the total amount then claimed by the State ($184,544.51) the amount ($61,000) claimed on account of the six companies for which provision was made in the act of March 3, 1859, hereinbefore cited. The secretary of state of Texas was advised by the Secretary of War, September 11, 1860, that "in order to procure the settlement of the account for expenses incurred 64 CLAIM OF THE STATE OF TEXAS. by the State of Texas for frontier defenses, a full statement of that account, properly sustained by original vouchers, should be transmitted to this Department." On November 15, 1860, the Secretary of War rendered the following decision in the case: "I have examined and considered the evidence submitted for my decision on the question presented in the proviso to the sixth section of the act of June 21, 1860, making ' appropriations for the support of the Army for the year ending 30th June, 1861," and am satisfied that there was a necessity for calling out the Texas Volun- teers mentioned, and that they were called out by competent authority. "Tlie second auditor will therefore have the claim of Texas audited under the pro- visions of the said sixth section as soon as the proper vouchers of the State are received by him." The report of the second auditor, dated February 13, 1861, with a list of exceptions to the claim, and the report of the third auditor, dated February 23, 1861, are printed in Executive Document No. 277, House of Representatives, Forty-second Congress, second session, pages 134 to 138. In the report of the second auditor it is stated that "Inasmuch as your predecessor, on the 15th of November, 1860, decided the neces- sity for calling out troops by the State of Texas, and that they were called out by competent autliority, I have now only to consider two points, to wit, first, that the amount now claimed was actually paid by the State of Texas; secondly, the compen- sation to be allowed is only for the period during which said troops were actively employed in military service. (8116, W. D., 1871, inclo. 1564 and 1655.)" The comptroller of the State of Texas, having learned from the auditor's report in the case of the informalities in the papers and deficiencies in the evidence of such a character as to render it necessary that the papers should be returned to Texas for the purpose vi being perfected, asked permission to withdraw all the papers in the case. (1344. W. D.. 1872, inclo. 46.) The papers appear to have been returned to the State, and the breaking out of the Civil War soon afterwards put a stop to further negotiations for the settlement of the claim at that time. It appears tha( none of the money appropriated for the payment of Texas Volunteers by the acts of March 3, 1859, and June 21, 1860, was disbursed; and a resolution was adopted in the House of Representatives January 18, 1872, directing the Secretary of W^ar "to inform tliis House why the money appropriated under the acts of Congress March 3. \i>b9. and June 23 [21], 1860, has not been paid to the State of Texas as pro- vided for in said acts." In reply to this resolution the Secretary of War transmitted to the Hoiise of Representatives "A copy of a letter of November 11, 1871, from the secretary of state of Texas to the Secretary of the Treasury, showing why the money had not been paid prior to that date, and a copy of a letter of Noveniber 16, 1871, from the Secre'tary of War to the secretary of state of Texas, showing why the money had not been paid since the last-mentioned date." The letters referred to by the Secretary of War are printed on pages 141 and 142 of Executive Document No. 277, House of Representatives, Forty-second Congress, second session. Nothing further appears to have been done with regard to the claim until 1871, when it wa.* revived by an act of the Legislature of the State of Texas, approved May 12, 1871. The manner of the presentation of this claim to the United States and the executive action thereon appear in Document^ Nos. 127-137, pages 140-145, of Executive Docu- ment No. 277, referred to above. The abstracts submitted with the claim substitute the amount .'?152,274.66(the amount paid from State appropriations) for the $184,544.51 (the amount appro})riated by the State) claimed prior to 1861. To this has been added $57,382.33. paid to companies of J. Bourland, J. H. Brown, and J. S. Ford, and $13,3.14.77 for advances made for military services on the Rio Grande, making the total amount of the claim, as then stated, $223,011.76. It appears that the claim was referred by the Secretary of War to Lieut. Thomas II. Bradley. Twenty-first Infantry, for examination of the evidence submitted and report on the claim. Lieut. Bradley's report, dated April 27, 1872, was transmitted by the Secretary of War to the House of Representatives Ajiril 30, 1872, "in accordance with the request of its Subcommittee on Appropriation-^" for a report concerning the history and character of certain claims of the State of Texas. It is printed as Executive Document No. 277, House of Representatives, F'orty-second Congress, second session, and contains — (1 ) A r6sum6 of "the condition of affairs that may have rendered it necessary, from time to time, to employ Texan Rangers, or volunteers, within that State" at various dates between Novemlier 1, 1854, and some time in September, 1860, for the purpose of supjiressing Indian hostilities on the frontier; (2) An exhibit of the character of the troops, the circumstances under which employed, and, as far as ascertained, a history of their services; and (3) An analysis of the accounts in the claim in question. CLAIM OF THE STATE OF TEXAS. 65 In his examination of the rolls and vouchers sul)init ted with the claim, Lieut. Bradley found errors in addition amounting to $132.13. The correction of these errors makes the total amount of the claim $223,143.89. He presents (p. 65), as the result of his analysis of the vouchers, a tabular summary, in which he recommends that 165,942.05 be allowed, $24,915.54 suspended, and $132,286.30 disallowed. In order that this tabular statement might not be n:iisconstrued, Lieut. Bradley submitted— ■'That the evidence found in reference to these Texas claims does not exhibit any good ground for actual responsibility on the part of the United States Government for anything more, in this case, than $20,225.35, which, in the 's\niopsis,' is the sum of the first two items for the troops of class 1, and that the Ijalance, viz, .$202,918.54, was paid on ac(,'ount of troops or rangers, for the employment or support of which the United States, or their duly authorized agents, aside from the act of June 21, 1860, were not at all responsible." It does not appear that any legislative action resulted from the transmission of this report to Congress. The claim was again revived by a letter from the governor of Texas, under date of December 24, 1875, to the Texas delegation in Congre.ss. With that letter were inclosed two statements of the expenditures on account "frontier protection," those statements being certified by the comptroller of the State as true and correct state- ments as shown by the records of his office. The first is a "statement of amounts paid by the State of Texas for frontier protection from January 28, 1855, to January 28, 1861," and amounts to $509,111.95. The second is a "statement of amounts paid by the State of Texas for 'frontier protection, '" for troops called out subsequently to October 14, 1865, and amounts to $1,027,375.67. (The latter does not fall within'the scope of this inquiry, and, besides, it was subsequently disposed of under the act of Congress approved June 27, 1882, 22 Stat. L., 111.) This letter was followed, January 6, 1876, by the introduction in the House of Representatives of a joint resolution (H. J. Res. 23) authorizing and directing the Secretary of the Treasury to pay to the State of Texas $1,536,417.62, with lawful interest thereon — "to reimburse said State for moneys paid as compensation and for support for troops for the defense of the frontiers of Texas from the twenty-eighth day of February, eighteen hundred and fifty-five, to the commencement of the late Civil War, and from the commencement of the administration of the State government by Andrew J. Hamilton to the present time." This resolution was referred to the Committee on Military Affairs, and that committee resolved that the resolution and the accounts filed therewith — "be referred to the Secretary of War, with the request that he wall have the amounts for said expenses duly inspected and make report thereon of the amomit really due the State of Texas on accoimt of the same." The Secretai-y of War, under date of December 26, 1876, replied that— "this department possesses no evidence concerning the accounts of the State of Texas, further than the statements on two abstracts, which are for $1,536,487.62, and which were received from the committee, and except accounts for $223,143.89. The latter were examined at this department in the year 1871, and they were reported upon in full, as appears in House Executive Document No. 277, second session Forty-second Congress." This resolution and the correspondence relating to it is printed in Executive Docu- ment No. 14, House of Representatives, Forty-fourth Congress, second session. The resolution does not appear to have become a law. The claim was again before Congress in 1877, and on November 13, 1877, the Senate Committee on Military Affairs transmitted to the Secretary of War a copy of Senate bill 165, to reimbm-se the State of Texas for expenses incurred by said State in repelling invasions of Indians and Mexicans, and requested an expression of his views as to the propriety of so reimbm-sing the State of Texas, together with such information respect- ing the same as might tend to guide the committee in its action on that bill [9374 W. D., 1877, with R. and P. 7507861 The Secretary's reply is printed in Senate Executive Document No. 19, Forty-fifth Congress, second session. That document also contains a reprint of Executive Document No. 277, House of Representatives, Forty-!*econd Congress, second session, and Executive Document No. 14, House of Representatives, Forty-fourth Congress, second session, to which documents the atten- tion of the committee was invited by the Secretary of War. This bill (S. 165) also failed to become a law. The claim of Texas, with those of other States, was again under consideration in 1880. Under date of January 16, 1880, the Senate Committee on Claims transmitted to the Secretary of War a copy of a bill (S. 1028) in relation to the claims of States against the United States, and requested — H. Doc. 551, 62-2 5 66 CLAIM OF THE STATE OF TEXAS. ■'all the information and fiuts shown by the records, or known in your def)artnient, touching the claim of each State of the Union aa:aini*t the United States, the number of such claims, the character and amount of each, what action has been taken in rela- tion to each, and the views of vour department as to the jiroprietv of the j)assafre of the bill. («10 W. D.. 1S80, with R. and P. 7507S(i.)'" In reply to this inquirv the Secretary of Wat transmitted to the Senate, under date of February «, 1880- "a report i)rej)ared by First Lieut. Thomas H. Bradle\-. Twenty-first Infantry, exam- iner of State claims in this office, which exi)resaes the views of this department upon the subject." This report, with the accompanying documents, is j)rinte(l in Senate Executive .Document No. 74, Forty-sixth Congress, second ses.sion. With regard to this claim of Texas and similar claims, Lieut. Bradley said: "The claims of the second grand class, namely, those which are not included in the Civil War division, are for reimbursement of expenditures alleged to have been made in repelling Indian invasions, and in sujjpnrtintr State troops employed on account of Indian wars, and so forth. The character of these claims may be ascertained by a reference to Senate I^xecutive Document No. 19. second session Forty-fifth Congress. A copy of this document is hereto annexed, marked ''B," and on page 77 of it appears the following: " 'And I fiu-ther submit that a reimbursement of the last-mentioned amount ($202,- 918.54), or a recognition of the .•services of the men to whom it was paid, will be the commencement of a responsibility of which the end — though it may be made to appear in the c-ase of the State of Texas — can not be foreseen so far as the I'nited States Government may be concerned. * ■X- * * -X- * -if " 'The second class of claims, namely, tho>e for repelling Indian itivasions and employment of irregular troops, so far as rei)orted at present, amount to SI, 705, 094. 35. Of this sum Texas claims .?L53fi.4S7.62, and Florida claims .'?I(>S.60().73.' " No legislation in the interest of the State of Texas resulteiu-sement for moneys paid out for frontier defense in pursu- ance of said acts. I am aware that T>ieut. Thomas H. Bradley, United States Army, did on the 27th day of April, 1872, make a report to the Secretary of War upon this claim, but it is believed that a tliorough and fair analysis of the report clearly shows that his con- clusions were not based either upon a proper consideration of the evidence submitted in support of the claim or upon a proper interpretation of the language of the laws in pursuance of which the claim was presented. In addition to the information above requested, I have to ask, in behalf of the State, that you will reopen the case and permit the State, by her duly accredited agent, to appear before you or before whome\er you may designate to reexamine the •claim and to establish, if it be possible, her right to its payment as presented. I have the honor to be, very respectfulty, your ol)edient servant, Joseph D. Savers, .\fember of Congress. Te.ras. The Secretary of War. War Department, E.xaminers State War Claims, Washington, D. C, August If, 1889. The letter of the Hon. J. D. Sayers, with reference to the Texas claims for war expenses prior to 1861, is returned herewith. Your examiners of State war claims are acting under the act of Congress of August 4, 1886, and Senate resolution of Feb- ruary 27, 1889, aud ha\e no knowledge of the claim mentioned by Mr. Sayers and no data for answering it, except that of printed public documents, which are already accessible to him. Very respectfullv, James Riddle, Lieutenant Colonel Fifth Cavalry, Senior Examiner. . 68 CLAIM OF THE STATE OF TEXAS. War Depart.mi-.nt. December 13, 18S9. The papers in rlie claim of the ."rtate ol Texas, luider the acts of March 3, 1859, and June 2], ISCO. are herewith reppectfully referred to the Third Auditor of the Treas- ury for such action as tlie accountinji oflioers of the 'I'reasury may deem proper imder section 23() of the Revised Statutes and the laws applicable to appropriations carried to the surplus fund. Hon. Mr. Sayers has tliis day been advised of this action. ])ress copy of letter herewith. Hedfield Proctor, Seartary of War. The letter to Hon. Mr. Sayers, to which reference is mftde in the last indorsement quoted above, read as follows: War Department, Washington City, December 13, 1889. Sir: I have ihe honor to ackiioAvlcdge receipt of your request of Aiigust 5, 1889, for a full and complete statement of the claim of the State of Texas, under the acts of March 3, 1859 (11 Stat. L., 434), and June 21, 1860 (12 Slat. L., 68). for moneys paid out for frontier defense; that the case be reopened by the War Department, and that the State be permitted to establish her right to the payment of the claim as presented. I have also received from the Treasury Department your similar let- ter to the Secretarj- of the Treasury. Replying to the same, I have to invite your attention to the docimient herewith, Senate No. 19, Forty-fifth (.'ongress, second session, which appears to contain a full statement of the claim and of tlie action thereon. The letters of the second auditor, dated February 13, 1861, and third auditor, February 23, 1861, pages 144 to 148 of said document, show that the claim was not submitted in shape for allowance prior to tlie late rebellion. The amount, $123,544.51. appropriated for payment of the claim by section 6 of the act of June 21. 1860 (12 Stat. L., 68). was, under section 10 of the'act of August 31, 1852 (10 Stat. L., 98), con.sidered to have 'cea-sed and determined" and was carried to the surplus fund June 29, 1863. (See Secretary Belknap's letter of Nov. 16, 1871, p. 152 of said document.) The claim was again })re.-^ented in 1871; was examined in this department, and the report of the examining ofticer was transmitted by Secretary Belknap to the House of Representatives April 30, 1872 (pp. 13 to 77 of said document). After that exami- nation the claim could have been forwarded to the accounting officers of the Treasury Department for their action under section 236 of the Revised Statutes, the examina- tion of such claims in this department being subject to the review of said officers. The papers were, however, placed on file here; but I see no reason why they should not be referred to the accounting officers, who, after an examination of the case, can determine whether the laws governing the settlement of claims against appropriations which have been carried to the surplus fund now authorize the set- tlement of the present claim without further action by Congress. I have therefore referred the claim to the Third Auditor of the Treasury, in whose office State claims are examined. Respectfully, Redfield Proctor, Secretary of War. Hon. Joseph D. Sayers, Hoxise of Represcnlalives. The claim was subsequently considered in the Treasury Department, and on Decem- ber 21, 1889, the third auditor made a report to the second comptroller on the subject. That report and the decision of the comptroller thereon were as follows: Treasury Department, Third Auditor's Office, December 21, 1889. Hon. Second Comptroller: I in^^te attention to indorsement by the Secretary of War, December 13, 1889, transmitting the case to this office, also to the views expres.sed by the Secretary in his letter (see copy) to Hon. Joseph D. Sayers of same date. It seems that the claim was found not to have been sufficiently prepared by the State to admit of final adjudication, and that the State had not supplied the defi- ciencies up to the time of the breaking out of the rebellion, and by reason of these causes no settlement was made by the Secretary of War. The Secretary now con- eiders (see letter to Mr. Sayers) that all authority conferred by the two acts upon the Secretary of W^ar to settle this claim long ago ceased and determined by reason of the falling back of the appropriation into the surplus fund under operation of section 10, act August 31, 1852 (10 Stat. L., 98). CLAIM OF THE STATE OF TEXAS. G9 If the two acts had conferred upon the Treasury Department any jurisdiction in this matter, which seems clearly not to have been the fact, it is evident that the lapsing of the appropriation would in like manner have terminated and destroyed that jurisdiction also, its effect being to terminate any and all jurisdiction, wherever located. Section 236, Revised Statutes, has no bearing upon this case. The claims against the United States to which it relates are those which in their origin and inception are debts and obligations of the United States. The General Government can not become liable by reason of a contract or act of a party, unless he be a duly empowered officer of the United States acting in its name and under authoritj^ of its law. The act of a State officer in calling State militia into State service under State law is wholly powerless to charge any debt upon the United States for any expense thus incurred. If Congress deemed the case one in which it would be right for the United States to lift the bui'den off the State, it has power, to assume the debt or expense for the United States. No other authority in the land has that power, and until Congress enacts such assumption no executive or judicial officer or department can recognize such expense as any debt or obligation of the United States. And in making such assumption Congress has the sole right to prescribe all terms and limitations, the extent and manner of the relief, and to what officer or tribunal it will commit the authority to investigate and to determine the amount due. What- ever provisions it deems fit to make in these respects for the particular case must exclusively and absolutely govern that case. In the case now under consideration the two acts of Congress authorized the Secre- tary of War, and no other officer, to adjust and settle the claim. Hence, it is entirely clear that the accounting officers of the Treasury have never had any jurisdiction in the matter. I recommend that the papers be returned to the Secretary of War, with opinion that no jurisdiction in the matter has ever been conferred by law upon the accounting officers of the Treasury. Respectfully, W. H. Hart, Auditor. Second Comptroller's Office, February 11, 1890. Respectfully returned to the third auditor with my concurrence in his recommen- dation that the papers be returned to the Secretary of War, with opinion that the accounting officers have now no jurisdiction in the matter. , B. F. GiLKESON, Comptroller. In accordance with this decision the papers in the claim were returned to the War Department February 13, 1890. They are now on file in this office and include the vouchers enumerated on pages 35-65 of the report printed in Executive Document No. 277, House of Representatives, Forty-second Congress, second session. Under date of February 19, 1890, Hon. Joseph D. Sayers again wrote to the Secretary of War concerning this claim. A copy of that letter and of the inclosure referred to therein follows: House of Representatives, Washington, D. C, February 19, 1890. Dear Sir: I have the honor to respectfully call your attention to the inclosed com- munication from the Second Comptroller of the Treasury, which explains itself. The report upon this claim was made by a single officer and, in my opinion, is clearly unjust to the State of Texas, and I have therefore to request that you will cause a second examination of the claim and of the vouchers accompanying it by a board of officers, with directions to report thereon. The claim was once recognized by Con- gress, and though an old one is certainly just in every respect, and I trust that you may see your way to another and thorough investigation of the matter. Very respectfully, your obedient servant, Joseph D. Sayers. Member of Congress, Texas. The Secretary of War. Treasury Department, Second Comptroller's Office, Washington, B.C., February 12, 1890. Sir: I have the honor to herewith return to you Executive Documents Nos. 19 and 74 furnished this office some time since in connection with the consideration of the claim of the State of Texas against the Government for "frontier defenses." 7iO CL-VIM OF THE STATE OF TEXAS. I have also to inform you that the accounting officers of the Treasury have no juris- diction to consider, settle, and certify said claims. The papers and A-ouchers in said claims have been returned to the honorable third auditor with the request that he return ihem to the honorable Secretary of War for such disposition of them as he shall deem proper. Very re.-pectfully, B. F. Gilkeson, Comptroller. Hon. Joseph D. SAYErts, House of Representatives, Washington. The case was referred to the Acting Judge Advocate General for report. He returned it by indorsement, as follows: W.iR Department, Judge Advocate General's Office, Washington, D. C, February 26, 1890. Respei't fully returned to the Secretary of War. In reference to the claims of the State of Texas under acts of March 3, 1859, and Jime 21, 1800, which were reported upon under the direction of the Secretary of War in 1871, Hon. Joseph I). Savers asks the Secretary of War to cause a reexamination of them to be made by a l)Ocud of officers, with directions to report thereon, and he assigned as a reason for his )equest that, in his opinion, the report originally made by a single officer was clearly unjust to the State of Texas. The original report upon the claims in question, and of the injustice of which Hon. J. D. Sayers complains, has been submitted to both branches of Congress and is found in a niunber of congressional documents in connection with proposed measiu-es for the relief of the State of Texas on the payment of State claims. (See H. Ex. Doc. No. 277, 42d Cong., 2d sess.; S. Ex. Doc. No. 19, 45th Cong., 2d sess.; S. Ex. Doc. No. 74, 46th Cong., 2d sess.). In view of this state of facts this office is of opinion that the jurisdiction of the War Department in the premises is exhausted and that therefore, without authority from Congress, there is no power to take the action requested by Hon. J. D. Sayers. J. D. Clous, Judge Advocate in Charge. The Secretary of War, re])lying to th(> letter of Hon. Joseph D. Sayers, \vrote as follows: Wak Department, Washington, February 27, 1890. Sir: Referring to this department's letter to you dated December 13, 1889, and replying to yours of Februarv 19, 1890, both concerning the claim of the State of Texas under the acts of March 3,"l859(ll Stat., 434), and'June 21, I860 (12 Stat., 68), I herewith inclose a copy of the decisions of the third auditor and second comptroller, dated, res])ectively, December 21, 1889, and February 11, J890, in the matter. I also append the rej)ort of the officer in charge of the Judge Advocate General's Office, dated February 26, 1890, as follows: "In reference to the claims of the State of Texas under act of March 3, 1859, and June 21, 1860, which were reported upon under the direction of the Secretaiy of War in 1871, the Hon. Joseph D. Sayers asks the Secretary of War to cause a reexamination of them to be made by a board of officers with directions to rejjort thereon, and he assigns a.s a reason for his request that, in his opinion, the report oris^inally made by a single officer was clearly unjust to the State of Texas. The original report upon the claims in question, and of the injustice of which the Hon. J. D. Sayers complains, has been submitted to both branches of ( 'ongress and is found in a nimiber of congiessional documents in connection with jjroposed measiu-es for the relief of the State of Texas on the payment of State claims. (See H. Ex. Doc. No. 277, 42d Cong., 2d sess. ; S. Ex. Doc. No. If), 45th Cong., 2d .sess.; S. Ex. Doc. No. 74, 46th Cong., 2d sess.) In view of this slate of facts, this office is of o[nnion that the juri.sdiction of the War Department in the ))remi.ses is exhausted arid that therefore, without authority from Congress, there is no power to take the action requested by the Hon. J. D. Sayers." It appears from the decision of the accoimting officers that the lapsing of the appro- priation under section 10 of the act of August 31, 1852 (10 Stat., 98), terminated any and all jurisdiction of the ca.«e wherever located, and in view thereof and of the above report of the judge advocate, the department is of o])ini()n that the ca.«e must await the action of Congress. Respectfully, Redfield Proctor, Secretary of War. Hon. Jo.sEPH D. Sayers, House of Representatices. CLAIM OF THE STATE OF TEXAS. 71 It will be seen from the documents and papers hereinbefore referred to that the amount claimed by the State of Texas on account of money expended for troops in service prior to the Civil War was $184,544.51 when the claim was first presented in 1858; when that claim was renewed in 1871 it nmounted to $223,143.89, and the cer- tificate of the State comptroller made in 1875 shows a total expenditure on this account of $509,111.95. It is to be observed that the act of March 3, 1859 (11 Stat. L., 434), authorizing the reimbursement of the Stale of Texas for money advanced for the payment of six com- panies of mounted volunteers called into service November 1, 1854, provides "that there shall be no greater pay or allowances to these companies than was given to similar troops in the service of the United States," and that the act of March 3, 1860 (12 Stat. L., 68), extending the provisions of the act of March 3, 1859, to other troops, provided that "the Secretary of War shall be satisfied that there was necessity for calling out these troops; that they were called out by competent authority, and that the amount so c-laimed was actually paid by the said State," and "thatVompensa- tion shall only be allowed for the period during which said troops were actively em- ployed in military service." When the claim was before the department in 1871-72 it appears to have been considered with a view to furnishing to Congress a report concerning the history and character of the claim. From the report submitted it appears that the validity of the claim and the sufficiency of the vouchers submitted were considered in making up that report. In 1876 the claim was considered by the department in compliance with a request of the Military Committee of the House of Representatives that the Secretary of War "will have the amounts for said expenses duly inspected and make report thereon of the amount really due the State of Texas on account of- the same." When the claim was considered in 1877 it was taken up on a request of the Senate Committee on ^lilitary Affairs for an expression of the views of the Secretary of War as to the propriety of reimbursing the State of Texas. In 1880 this claim was considered, with the claims of other States, under a call of the Senate Committee on Claims for — "all the information and facts shown by the records, or known in your department, touching the claim of each State oi the Union against the United States, the number of such claims, the character and amount of each, what action had been taken in relation to each, and the views of vour department as to the propriety of the passage of the bill (S. 1028, 46th Cong.). " " The recent act (of Mar. 3, 1905) directs the Secretary of War to inquire what money was actually expened by the State of Texas between February 28, 1855, and June 21, 1860, in payment of State volunteers or rangers called into service by authority of the governor of Texas, in defense of the frontier of the State against Mexican marauders and Indian depredations, for which that State has not been reimbursed by the United States. The State of Texas has submitted to the War Department certified copies of the seA*- eral acts of the State legislature appropriating money on account of the State volunteers or rangers included in this claim. These copies follow: [Chapter IV.] AN ACT Making appropriations to pay the expenses of volunteers called into the service of the State for the protection of the frontier and for other volunteer service. Section 1. Be it enactedby the Legislature of the State of Texas, That tlie following sums be. and the same are hereby, appropriated to pay the exjjenses of the company of vol- unteers commanded by CJapt. James H. (i'allahan, which was called into the service of the State by his excellency the governor for the protection of the frontier, and for the volunteers who went to his aid under command of Captains Benton and Henry, viz: For pay, mileage, subsistence, forage, etc., including pay of surgeon for Capt. Callahan's Co., the sum of sixteen thousand and ninety -one dollars and twelve cents. For pay, mileage, subsistence, forage, &c., for Captains Benton and Henry's com- panies, the sum of five thou.sand seven hundred (and) fifty-five dollars and twenty- two cents. Sec. 2. That the governor be, and he is hereby, authorized to appoint some suitable person, who shall, upon giving bond and security in such sum as the governor may require, be authorized to draw from the treasury of the State the sums above appro- priated for the pay and mileage of said companies, and shall repair at such time and to such place or places as the governor may direct and then pay said companies the amounts that may be due them for their respective terms of service, agreeable to existing laws regulating the pay of mounted troops in the United States service, making 72 CLAIM OF THE STATE OF TEXAS. a proper return thereof to tlie comptroller, and it shall be the duty oi said person thud appointed to receive and receipt for all articles of public property which may be turned over to him by the officers of said companies and to dispose oi" the same tor the benefit of the State according to such directions as may be given to him by the governor, making a due return tliereof to tlie governor. Skc. 3. Tliat the paymaster so appointed is herel^y authorized to examine and pay such amounts for quartermasters stores, camp and garrison equipage, ordnance stores, forage, transportation, one surgeon's medicines, &c., as m.ay be presented in proper form, duly certified to by the respective commanders of companies: Provided. That no amount, or any item in any amount, shall be allowed or paid which are not allowed by the regulations of the United States Army, nor shall any horses or property claimed to be lost be paid for by said paymaster unless the value thereof shall be clearly certified to by the appraising officers according to law: and an affidavit of the commanding officer shall in every case be required, stating that the property claimed for was lost in battle. Sec. 4. That the sum of one hundred dollars be, and the same is hereby, appro- priated to carry into effect tlie a1)ove 2nd sectitm. Sec. 5. That the governor l)e authorized to take such steps as may be necessary to secure the payment of the sums herein appropriated by the Government of the United States to the State of Texas. Sec. 6. That this act take efl'ect from and after its passage. Ajjproved December 17th, 1855. Department of St.vtr. state of texas. I, O. K. Shannon, secretary of state of the State of Texas, do liereby certify that the attached and foregoing is a true copy of Chapter IV of an act entitled '"An act making appropriations to pay the expenses of volunteers called into the service of the State for the protection of the frontier and for other volunteer serxice." as same appears oa I)age of the General Laws of the sixth legislature now c)n file in this office. In testimony whereof I have hereunto signed my name officially and cau.sed to be impressed thereon the seal of State at mv office in the citv of Austin, Tex., this the ethdayof January, A. D. 190(). [seal.] O. K. ':^n\s SOS, Secretary of State. [Chapter XX.] AN A(^,T To provide for the payment of six companies of mounted volunteers that were mustered into the service of the State of Texas on the first day of November, A. D. 18,54, under a requisition of Brevet Major General Persifor F. .Smith, and to pay the expenses Incurred by said companies. Section 1. Be it enacted by tJte Legislature of the State of Texas, That each and every commissioned, noncommissioned officer, farrier, blacksmith, musician, and private who belonged to the six companies of mounted vohinteers mustered into the service of the State of Texas on the first day of November, A. D. 1854, .-hall be entitled to pay for three months' t-erAice therein. Sec. 2. That the monthly pay of the commissioned officers, noncommis.-^ioned officers, farrier, musicians, Idacksmiths, and privates shall be the same as that sul)- sequently paid l,y tlie United States to said companies. Sec 3. In all cases where any meml er of said companies shall have died since being mustered into said service, payment of the amount due him under the provi- sions of tliis act shall V e made to his executors or administratoi-s, and if the said dece- dent should have no administrator, i)ayment of the amount due him sIvaU he made to the father, or mother, or legal representatives of said decedent, upon certificate of the chief ju.^tice of the county from which .said decedent volunteered, that no administration had 1 een had upon the said estate. Sec. 4. That each and every one of the persons appoint^^d by the governor of the State of Texas, under his proclamation of the 18th day of August, A. D. 1854, to receive said six companies of mounted volunteers at the places of rendezvous desig- nated in said proclamation, shall be entitled to receive fifty dollars for his services. Sec. 5. That the sum of six thousand dollars, or so much thereof as may be neces- sary, 1 e, and the same is herel)v. appropriated for the jmyment of the balance of accounts contracted by the said six companies which remain un])aid out of the appro- priation made by the Congress of the United States for that purpose. Sec. (i. That the additional sum of fifty-five thousand di)llars. or so much thereof as may le neces.sary, 1 e, and the same i-^ bcroliy, appropriated, out of any monies in CLAIM OF THE STATE OF TEXAS. 73 the treasury uot otherwise appropriated, for the purpose of carrying the iDrovisions of this act into effect. Sec. 7. That the governor of the State of Texas shall appoint some suitable person to receive said appropriations from the treasurer of the State, and to pay out the same to the persons entitled thereto, and the pereon so appointed shall enter into bond with one or more sureties for the faitliful performance of his duties, and shall be entitled to receive such compensation therefor as the governor shall think right and proper, to he paid out of said appropriation. Sec. 8. That said disbursing agent shall be authorized to pay, out of the appropria- tion made by the sixth section of this act, any account duly certified l)y the proper officers, for expenses incurred in the furnishing, camp equipage, and in the transpor- tation of baggage from the several places of rendezvous to the place where said com- panies were mustered into the service of the United States: Provided. That in no case shall a greater sum than six dollars per day he allowed for the service of any wagon and team engaged in said transportation. Sec. 9. That this act shall take effect from and after its passage. Approved, January 14th, 185G. Department of State. state of TEXAS. I, O. K. Shannon, secretary of state of the State of Texas, do herel)y certify that the attached and foregoing is a true copy of Chapter XX of an act entitled '"An act to provide for the payment of six companies of mounted volunteers that were mus- tered into the service of the State of Texas on the 1st day of Noveml-er, A. D. 1854, under a requisition of Bvt. Maj. Gen. Persifor F. Smith, and to pay the expenses incurred by said companies." as same appears on page 15 of the General Laws of the Sixth Legislature, now on file in this office. In testimony whereof I have hereunto signed my name officially and caused to l^e impressed hereon the seal of State, at mv office, in the citv of Austin, Tex., this the 6th day of January, A. D. 1906. [seal.] O. K. Shannon, Secretary of State. [Chapter CXLVIIL] AN ACT Providing for the payment of the companies of mounted volunteers eommanded by Captains William Tom, jr., Levi Inglish, and William G. Tobin, organized for the temporary protection of the western frontier of Texas. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of one thousand seven hundred and two dollars and sixty-four cents be, and the same is hereby, appropriated for the payment of Captain Tom's company, for one month, from the eighteenth day of October, eighteen hundred and fifty-five, to the eighteenth day of November, eighteen hundred and fifty-five, which company consists of one cap- tain, one first and one second lieutenant, four sergeants, four corporals, and forty-four privates. And that the sum of four hundred and eight dollars and ninety -seven cents be paid to E. Jones, chairman of the committee of vigilance of San Antonio, to reimburse the citizens of that place for money furnished by them to purchase supplies for said company. Sec 2. That the sum of one thousand four hundred and eighty-three dollars and thirty-nine cents be, and the same is hereby, appropriated for the payment of Captain Levi Inglish's company iVjr one month, which is to cover the whole time for which he claims in his roll, dating the discharge on the thirteenth of November, eighteen hundred and fifty-five, which company consists of one first and one second lieutenant, three sergeants, three corporals, and forty-two privates, and that the sum of three hundred and sixty dollars be paid to the noncommissioned officers and privates for their forage and subsistence. Sec. 3. That the sum of seven hundred and fifty-five dollars and sixty-seven centa be, and the same is hereby, appropriated for the payment of Capt. W. G. Tobin's company for one month, ending on the fifteenth day of November, eighteen hundred and fifty-five, which company consists of one second lieutenant, two sergeants, two corporals, and twenty-one privates, and that the sum of one hundred and eighty-seven dollars and fifty cents be paid to the noncommissioned officers and privates for their forage and subsistence. Sec. 4. That the ijovernor be authorized and required to appoint some suitable person to pay the companies of Captain Tom, Captain English, and Captain Tobin, 74 CLAIM OF THE STATE OF TEXAS. as well as the amount to be paid E. Jones, whose duty it shall be to make payment at three places. One at Seguin, one at San Antonio, "and one at Peter Tumlinson's, on the Atascosa, at such times as the governor may direct, and that he shall give due notice of the times and places of payment by advertising in one paper at San Antonio and one paper at Seguin for twenty days before the payments are to be made, and said payments to be made to the officers, nonconmiissioned officers, and privates shall be made strictly in accordance with the regulations of the pay department of the United States, and that said paymaster so appointed by the governor shall be required to give bond for double the amount of this appropriation, with security to be approved by the governor, for the faithful performance of his duty under the pro- visions of this act. Sec. 5. That one hundred dollars be allowed and paid to the paymaster, provided for in the fourth section of this act, as compensation in full for his ser\ice8 in making said payment, with all other expenses and labors incident to the same, in any ma,nner whatever. Sec. 6. That the treasurer of this State is hereby authorized and requiied to pay the sum of four thousand nine hundred and ninety-eight dollare and twenty-se\en cents over to the paymaster appointed by the governor, out of any money in the treasury not otherwise appropriated, upon the presentation of the order of the governor therefor, under the seal of the State, and that this.act take effect and be in force from and after its passage. Approved August 30th, 1856. Department of State, state of texas. I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of Chapter CXLVIII of an act entitled "An act providing for the payment of the companies of mounted volunteers commanded by Capts. William Tom, jr., Levi Inglish, and William G. Tobin, organized for the temporary protection of the western frontier of Texas," as same appears on pages 78 and 79, Adjourned Session of the Sixth Legislature, now on file in this office. In testimony whereof I have hereunto signed my name officially and caused to be impres.sed hereon the seal of State, at my office in" the city of Austin, Tex., this the 6th day of January, A. I). 1906. [seal.] O. K. Shaxnox, Secretary of State. [Chapter 22.] AN ACT To pro\ide for the paymeut of a company of mounted volunteers called into service by the governor for the protection of those engaged in transporting u'oods and merchandise over the road" from San Antonio to the Gulf. Section 1. Be it enacted by the Legislature of the Slate of Texas, That the sum of six- teen thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated for the pajTnent of the mounted volunteer company, under the command of Captain G. H. Nelson, which was called into service by the gov- ernor for the protection of the lives and property of those engaged in transporting goods and merchandise over the road from San Antonio to the Gulf, and for the pay- ment of the surgeon of said company, and for the payment of the camp equipage, transportation, hospital stores, horseshoeing, ammunition, subsistence, and forage, mileage of the members of said company, and the expenses of the commissioned offi- cers in enrolling .said company. Sec 2. That all the above items, except the services of the company, shall be paid at the State treasury, upon the certificate of the captain of the comj)any, approved by the governor. Sec. 3. That the payment for the services of the company shall be made in accord- ance with the muster roll and the certificate of the commanding officer as to the term of service, which shall be done by a paymaster, to be ajjpointed by the governor, who .shall make such payment at the city of San Antonio, according to the rates allowed by the United States to volunteer mounted militia when called into their service. Sec. 4. That the .said paymaster shall receive for his services the sum of one hun- dred dollars, to be paid out of any money in the tre;xsury not otherwi.se appropriated, and before entering upon his duties he .shall enter into a bond with two or more securities, to be approved by the governor, and in such sum as he shall direct, con- d'tionod for the faitliful performance of his duty. CLAIM OF THE STATE OF TEXAS. 75' Sec. 5. That the governor be, and he is hereby, authorized to retain said company in the service of the State for such longer time as he shall deem necessary, to preserve good order between the coast and San Antonio. Sec. 6. That this act shall take effect and be in force from and after its passage. Approved 14th December, 1857. Department of State, state of texas. I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of chapter 22 of an act entitled ''An act to provide for the payment of a company of mounted vounteers called into service by the governor for the protection of those engaged in transporting goods and merchan- dise over the road from San Antonio to the Gulf," as same appears on page 18 of the general laws of the seventh legislature, now on file in this office. In testimony whereof I have hereunto signed my name officially and caused to be impressed hereon the seal of State at mv office in the citv of Austin, Tex., this the 6th day of January, A. D. 1906. [seal.] (). K. Shannon, Secretary of State. [Chapter 2.] JOINT RESOLUTION Autliorizing the governor to raise and muster into the service of the State mounted men for the protection of the frontier. Whereas many of our fellow-citizens are suffering in life and property fnjm the depredations of hostile bands of Indians on the extreme frontiers of the State; and Whereas the limited number of mounted Federal troops at present stationed on our borders are inadequate to afford protection: Therefore Be it resolved by the Legislature of the State of Texas, That the governor be, and he is hereby, authorized to order out mounted volunteers, not to exceed one hundred in number, to be divided into two or more companies, as he may think proper, to be armed and equipped as he may direct, and placed upon such portions of the frontier as he may consider best for the interests of the country; said company or companies to be mustered into the service for the term of three months, and as much longer as the governor may think necessary. Be it further resolved, That the sum of twenty thousand dollars, or so much thereof as may be necessary, be appropriated, out of any money in the treasury not other- wise appropriated, to defray the expenses of said company or companies, and that the pay and allowances of the troops so called into service shall not exceed that allowed to mounted volunteers during the Mexican War; and that these resolutions take effect from theii- passage. Approved November 17. 1857. Department of State, state of texas. I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of chapter 2 of an act entitled "Joint reso- lution authorizing the governor to raise and muster into the service of the State mounted men for the protection of the frontier," as same appears on page 266 of the General Laws of the Seventh Legislature, now on file in this office. 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 6th day of .lanuary, A. D. 1906. [seal.] (). K. Shannon, Secretary of State. [Chapter 65. | AN ACT For the better protection of the frontier. Section 1. Be it enacted by the Legislature of the State of Te.cas, That the governor is hereby authorized and required to call into service one hundred mounted volunteers, in addition to the force now in service, for the term of six months, unless sooner dis- charged, and all said force may be continued in servi(.'e for any length of time if the safety of the frontier requke it. 76 CLAIM OF THE STATE OF TEXAS. Sec. 2. That the governor may appoint a person experienced in such service, with the rank of senior captain, to command all the forces of the State so enrolled and superintend the protection of the frontier. Sec. 3. That the governor shall direct the organization and equipment of all the forces on the frontier and make such regulations as ai"e necessary and most expe- dient for the protection of the frontier, and the ofBcers and men shall be allowed such pay and emoluments as mounted men are allowed in like service of the United States; and he shall also be aiithorized to appoint a person to act as quartermaster and paymaster to facilitate operations, who shall give suflBcient bonds and security, to be approved by the governor. Sec. 4. That the volunteers raised in Bosque County since first of January, 1858, may l)e accepted as a portion of the force to be raised by this act, and allowed pay from the date at which they entered service. Sec. 5. That whenever an efficient force shall be placed on the frontier by the Government of the United States all the men raised by the State shall he discharged. Sec. 6. That in the event of a continuation of hostilities by the Indians and the failure of the Federal Government to protect the frontier the governor is authorized to call out any number of men and to carry on active and offensive operations against all Indians at war. Sec. 7. That the sum of seventy thousand dollars is hereby appropriated, out of any money in the treasury, to carry out the provisions of this act, and that this act take effect from and after its passage. Approved January 27. 1858. Department op State, state of texas. I, O. K. Shginnon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of chapter 65 of an act entitled ''An act for the better protection of the frontier," as same appears on page 77 of the General Laws of the Seventh Legislature, now on file in this office. In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the seal of State at mv office in the city of Austin, Tex., this the 6th day of January, A. D. 1906. [seal.] O. K. Shannon, Secretary of Stale. [Chapter 19.] AN ACT To provide for the pay and subsistence of the troops called out by the governor of the State, under the command of John S. Ford, James Bourland, and Jonn Henry Brown; also for the pay of the com missioners sent by the governor to the Indians. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of sixty thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any monies in the treasury not otherwise appropriated, for the payment and subsistence of the men called out by the governor of the State for the protection of the frontier, under the command of .John S. Ford, James Bourland, and John Henry Brown, likewise for the pay of the peace commissioners sent out by the go\ernor in 1859, at the rate of five dollars per day each, .together with all necessary expenses by them incurred. Sec. 2 That the comptroller be authorized and required to settle all well-authen- ticated accounts for supplies furnished said companies by their captains or any per- sons by them employed to furnish supplies to their respective commands: Provided, the comptroller shall have full authority, and is hereby required, under this act, to examine the accounts for subsistence and forage and allow only such as are fully authenticated by proper vouchers, and to reduce extravagant charges to a reason- able amount. Sec 3. That this act take effect and be in force from and after its passage. Approved, 12th January, 1860. Dei'Artment of State. STATE of TEXAS. I, 0. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of chapter 19 of an act entitled 'An act to provide for the pay and subsistence ot the troops called out by the governor of the btate, under the command of John S. Ford, .Tames Bourland. and John Henry Brown; CLAIM OF THE STATE OF TEXAS. 77 also for the pay of the commissioners sent by the governor to the Indians," as same appears on page 20 of the General Laws of the Eighth Legislature now on file in this office.- In testimony whereof I have hereunto signed my name officially and caused to be impressed hereon the seal of State at mv office in the citv of Austin, Tex., this the 6th day of January, A. D. 1906. [seal.] O. K. Shannon, Secretnri/ of Sfxtte. [Chapter 49.] AN ACT To appropriate the sum of four thousand dollars in addition to the sixty thousand dollars for the support of the ranging companies commanded by Capts. John S. Ford, Jolin Henry Brown, and James Boiirland. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of four thousand dollars be appropriated, in addition to the sixty thousand dollars appropri- ated January 12, 1860, for the support of the ranging companies commanded by Cap- tains Ford, Brown, and Bourland, and that this act take effect and be in force from and after its passage. Approved, February 8, 1860. Department op State, state of texas. I, 0. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of chapter 49 of an act entitled "An act ta appropriate the sum of four thousand dollars in addition to the sixty thousand dol- lars for the support of the ranging companies commanded by Capts. John S. Ford, John Henry Brown, and James Bourland," as same appears on page 59 of the General Laws of the Eighth Legislature, now on file in this office. 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 6th. day of January, A. D. 1906. [seal.] O. K. Shannon, Secretary of State. [Chapter 20.] AN ACT Appropriating ten thousand dollars, or so much thereof as may be necessary to pay the expenses incuiTed by Capt. Tobin's company. ' Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of ten thousand dollars, or so much thereof as may be necessary, of any unappropriated funds now in the State treasury, be, and the same is hereby, appropriated to pay the expenses incurred by Capt. Tobin's command, called into service by order of the governor; and the comptroller shall have full authority, and is hereby required, under this act, to examine the accounts and claims for said expenses and allow only such as are fully authorized and authenticated by proper vouchers, and to reduce extravagant charges to a reasonable amount, and only allow for the necessary expenses incurred, at reasonable prices, whether they were incurred under express contract or otherwise; and provided that no claim shall be allowed for firearms furnished said company. Sec. 2. That this act take effect from and after its passage. Approved January 12th, 1860, Department of State. STATE of TEXAS. I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of chapter 20 of an act entitled "An act appropriating ten thousand dollars, or so much thereof as may be necessary to pay me expenses incurred by Captain Tobin's company," as same appears on page 21 of the general laws of the eighth legislature, now on file in this office. 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 6th day of January, A. D. 1906. [seal.] 0. K. Shannon, Secretary of State. 78 CLAIM OF THE STATI-: OF TKXAS. [Chapter 43.) AN ACT Making appropriations for the protection of the frontier. Section 1. Beit enacted by the Legislature of Ihe StaU- 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, appropriated 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 mtich 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 reve- nue 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 ap])ropriation 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 the 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 other- wise; and whenever payments are to be made \\\)nn 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 the party interested, and such accounts shall be paid as may hereafter be provided by law. Sec. 3. That this act shall take effect from and after its passage. Approved February 3, 1860. Department ov State. state of texas. I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of chapter 43 of an act entitled- "An act making appropriations for the protection of the frontier," as same appears on page 38 of the general laws of the eighth legislature, now on file in this office. In te.stimcmy whereof I have hereunto signed my name officially and caused to be impre.=!sed hereon the seal of State, at my ottice in the citv of Austin. Tex., this the 6th day of January, A. D. 1906. [seal. J O. K. Shannon, Secretary of State. [Chapter 71.] AN .\CT To providi' for tho payment of supplies fiirnisliefl to Capt.John Williams's company of rangers. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of seven thousand five hundred dollars is herebj'- appropriated to pay for the necessary sup- plies furnished to Capt. .lohn Williams's company of rangers. Sec. 2. The comptroller of public accounts shall examine and adjust the vouchers of Capt. Williams and other parties having furnished articles to said company, and before paying the same shall be satisfied that such articles were necessary and were furnished at reasonable prices and consumed by the men entirely in the field; Pro- vided, That the amounts for which Capt. Williams or his lieutenants have made themselves individually liable shall be paid first: And provided further. That no money shall be paid under the provisiims of this act tinless proof is first made to the satisfaction of the comptroller that the supplies were furnished to Capt. Williams while acting under the lawful authority or consent of the governor and duly commis- sioned by }iim or was lawfully in the service of the State at time the supplies were furnished. Sec. 3. That this act take effect from and after its passage. Approved 11th February, 1860. €LAIM OF THE STATE OF TEXAS. 79 Department of State, state of texas. I, O. K. Shannon, pecretaiy of Aate of the Stale of Texa?, do hereby certify that the attached and foregoing iy a true copy of chapter 71 of an act entitled ''An act to provide for the paynient of 8uppUe.-< furnished to Capt. John William.s's company of rangers," as same appears on page 80 of the general laws of the eighth legislature, now on file in this ofhce. 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 «th day of January, A. D. 190(i. [seal.] ' O. K. Hhak^on, Secretait/ of Stute. For pay for the service and subsistence of troops received into the service of the State on the Rio Grande in the late Cortina war, or so much thereof as may be necessary ?40, 000 Department of State. state of TEXAS. I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that the attached and foregoing is a true copy of a portion of section 1 of chapter 81 of an act entitled "An act making appnipriations to supply the deficiency in former appro- priations, and for other purposes," as same appears on page 115 of the general laws of the eighth legislature, now on file in this office. In testimony whereof I have hereunto signed my name officially and caused to be impressed hereon the seal of State at mv office in the city of Austin, Tex., this the 6th day of January, A. D. !90G. [seal.] O. K. Shannon, Secretary of State. There has also been submitted to the \\'ar Department, at the hands of the State adjutant general, the original ledger of the comptroller of the State of Texas, purporting to contain the statements of the accounts in connection with the State appropriations on account of the troops concerned in this claim. As the State comptroller was the official charged with drawing and issuing warrants on the State treasury, his accounts are believed to be the best record now obtainable of payments on account of the State appropriations in question. Duly authenticated copies of these accounts follow: united states op AMERICA. War Department, Washington, January 26, 1906. I hereby certify that the statements of accounts (Exhibits A to L) hereto attached are true and correct copies of those accounts as they appear in the original ledger of the comptroller of the State of Texas purporting to contain the accounts of State appropriations made between January 5, 1854, and August 31, 1861, which ledger was submitted to me in person by the adjutant general of the State of Texas. F. C. Ainsworth, Major General, V. S. Army, The Military Secretary. Be it known that F. C. Ainsworth, who signed the foregoing certificate, is The Military Secretary of the Army and that to his attestation as such full faith and credit are and ought to be given. In witness Avhereof I have hereunto set my hand and caused the seal of the War Department to be affixed on this ■26th day of January, 1906. [seal.] Wm. H. Taft, Secretary of War. 80 CLAIM OF THE STATE OF TEXAS* Exhibit A. [2 K, page 153.] Paying volunteers under Capts. Cullahan, Benton, and Henry. Db. 1856. Cr. Jan. 4. John D. Pitts 8774.. $16,091.12 By appropriation $16, 091. 12 185S. Mar. 1. Bj- deposit, warrant No. 3329. 52<). 11 [3 K, page 153.] Pay of mileage, subsistence, and volunteers under Capts. Callahan, Benton, and Henry. 1856. Jan. 5. John D. Pitts 8775.. $5,755.22 By appropriation $5, 755. 22 1858. Mar. 1. By deposit, warrant No. 3329 (in part) 4. 'J2 Exhibit B. [10 K, page 158.] Balance due on ac. of contract for expenses 6 companies vol. called out by Smith. Dr. 1856. Feb. 2. 6. 7. 7. 7. 9. 12. 12. 12. 12. 12. 12. Mar. 1. 3. 3. 5. 14. 27. Apr. 1. 1. 10. May 7. 19. June 4. Mar. 5. July. 2. 5. 8. 11. Aug. C. Sept. 3. 1857. Mar. 14. Apr. 1. 28. June 3. Sept.21. K. T. He 6. J. M. Hall, p. ass 12896.. 54.29 i 6. E. Harris, p. ass 12897.. 54.29 I 6. Jno. S. Ford 12898.. 4,000.00 24. W.B.Hamilton 12942.. 53.40 Dec. I.D.Walsh 12977.. 5.00 20. Jas. M. Peery 13030. . 117. 15 1859. Mar. 30. Jo Walker 13397.. 21.50 Apr. 11. Jno. Marshall & Go 13458.. 17.50 June 7. H. R. Runnels 13602. . 50. 00 30. Holzinger & Bowles... .13651.. 95.00 Aug. 26. Do 13840.. 64.50' 30. Finnin & Walker 13848. . 28. 50 Balance 5, 515. 33 22,790.35 Sept. 22. John S. Ford 13915. . ,4, 4.39. 84 Oct. 27. Robt. Cotter 14024. . 72. 80 Nov. 16. S. M. Swenson 14104.. 1,002.69 1860. Sept. 10. W. J. Oouger ... .16262. 5,515.33 35. 60 1858. Jan. 27. By appropriation. Cb. $70,000.00 70,000.00 1858. Aug. 31. By balauce 14, 200. 00 Nov. 0. Deposit wt. No. 3533 by Jno. S. Ford 3, 000. 00 1859. Apr. — . AV. X. P. Marlin 52.50 Aug. 24. Transfer from 132 M 1,874.63 1858. Oct. — . Dep. wt. 3520 refunded bv Ed. Burleson, A. Q. M '. 3,663.22 22,790.35 Aug. 31. By balance 5,515.33 5,515.33 By transfer to 78 p. 35. 60 CLAIM OF THE STATE OF TEXAS. 85 ExHiBrx G. [8 O, page 503.] Pay and subsistence of Capts. Ford's, Bourland's, and Brovm's companies and pay of peace commissioners. Cr. $60,000.00 4,000.00 Dr. 1860. Jan. 17. J. M. Stiener. 14440. . $169. 15 17. S. M. Swenson 14446.. 5,841.58 19. Do 14448.. 3,696.37 19. Jas. Duff 14450.. 2,277.75 19. Geo. B. Erath 14451.. 137.15 20. W. C. Young 14458. . 4, 330. 05 23. C. E. Barnard 14465. . 533. 27 23. J.H.Brown 14469.. 147.00 25. -Coke & Smith 14481 . . 263. 94 25. J. M. Swesher 14485.. 8,911.25 25. Do 14486.. 7,832.84 26. John Danly 14493. . 160. 00 26. H. Bradford 14494. . 28. 20 28. H. K. Valentine 14503. . 281. 40 30. W. C. Young 14510. . 767. 08 30. M.T.Johnson 14515.. 971.45 Feb. 1. John M. Swisher 14541.. 13,000.00 3. Do 14556.. 3,958.60 4. W. Fitz Hugh 14568. . 88. 33 6. J. D. Newsom & Co. . . . 14585. . 456. 70 8. Mullens & Madden 14608. . 48. 50 11. Bateman & Frey 14655.. 162.16 13. J. F. Bottorf 14671.. 18.90 16. S. M. Swenson 14735. . 297. 18 18. J. M. Stephens 14756. . 45. 50 20. John M. Stephens 14772 . . 482. 50 27. James M. Peery 14803 . . 1 , 328. 10 27. Cloud & Bostick 14804 . . 10. 45 27. Temple ton & Lefavor. .14805. . 17. 50 27. A. B. Templeton 14806.. 25.50 27. Wm. Bean & Co 14807.. 47.00 27. Bantwell & Peery 14808. . 42. 45 27. S. Hoflman 14809.. 24.46 28. J. R. Trulove 14812.. 15.00 28. Thos. Richards 14811.. 183.77 Mar. 19. A. C. Bingham 14912.. 877.60 20. J.F.Owens 14914.. 17.50 20. A. Templeton 14915.. 56.25 29. P.Witt 14946.. 635.00 Apr. 17. G. L. Scott, ass 15076 . . 35. 25 18. Thos.F.McFarland,ass. 15080.. 15.00 May 24. B . Toliver, ass 15247 . . 80. 43 June 7. Wm. Petterson, ass 15364 . . 39. 68 16. Johns. Ford 15407.. 1,279.80 16. Do 15408.. 130.10 16. Do 15409.. 671.73 Carried to folio 576 60,439. 42 1860. Jan. 12. By appropriation . Feb. 8. Do 64,000.00 [Page 576.] 1860. To amount from folio 503 $60, 439. 42 June 18. Jolm S. Ford 15417.. 60.00 Aug. 31. A. B. Templeton, p. atty 16224.. 20.00 Balance 3, 545. 61 64,065.03 1860. Sept. 24. Mat Beasley 16312.. 25.60 Aug. 31. Balance 3,520.01 3,. 545. 61 1860. Jan. — 1860. By amt. from folio 503 .$64, 000. 00 Capt. Bourland, No. 3974 65. 03 64,065.03 Aug. 31. By balance 3, 545. 61 3,545.61 1861. Aug. 31. Bybalance 3,520.01 86 CLAIM OF THE STATE OF TEXAS, Exhibit H. [9 0, page 504.] Pay of necessary expenses incurred by Capt. Tobin's company. Dr. I860. Jan. 24 .v. F. Kercheval 14478. . StlO. 83 24. Rhoads & Deats 14479.. 101.00 26. C. W. Howard 14497.. 7,761.32 , Feb. 6. R. King 14587.. 570.00 I 14. V. Roundtree 14688 . . 45. 50 ; 17. R. King 14750.. 230.00 , Mar. 6. P.Jordon 14853.. 712.63 i 19. Sol. Childress 14905.. 207.00 i . Balance 251.72 ISfiO. Jan. 12. 10.000.00 By appropriation. Cr. $10,000.00 1860. Aug. 31. By balance. 10,000.00 251. 72 Exhibit I. (13 O, page 509.] Protection of the frontier. Dr. 1860. Feb. 3. 4. G. 6. 8. 8. Mar, ias.E. McCord 14555. . $2, 000. 00 J. H. Robinson 14567.. 150.00 John Miller 14577.. 450.00 Jame.s Rogers 14589 . . 264. 00 L. Fellman 14603.. 40.00 J. M. Bonnet 14604.. 54.25 Baker & Smyth 14607.. 218.81 Wm. Pouge 14620.. 140.00 W.V. Spencer 14621.. 200.00 J. Vandeve 14641 . . 50. 75 Miner, Lambert & Co. . . 14649. . 53. 00 L. L. Giles 14652.. 156.00 Jos. Inman 14663.. 130.00 Do 14664.. 87.50 R. P. Tyler 14697. . 175. 00 Norman Miller 14710. . 262. 50 Josiah Tavlor 14718.. 375.00 Miner, Lambert & Co. . .14728. . 27. 00 J. M. W. Hall 14732.. 74.00 (J. T. Howard 14745. . 862. 30 Howard & Ogden 14746 . . 802. 40 F. W. Tauiilelroy 14771 . . 60. 00 S. M. Swenson 14774.. 7.000.00 Baker & Smyth 14'781.. 242.88 N elson M eirell 14790 . . 300. 00 John Scott 14792. . 45. 00 S. M. S wen.son 14798 . . 664. 53 David Hirsch 14834. . 166. 67 W. D. Ea-stland 148.35.. 16.70 C. W. Keim 14836. . 1, 146. 02 Tho.=;. Huddleston 14843. . 618. 75 R. D. Mc.\nnelly 14844. . 807. 63 G. T. Howard 14855.. 675.00 Tavlor & Smith 14863.. 100.00 S. M. Swenson 14894. . 557. 31 Do 14895.. 17.00 C. Schilling 14897.. 21.00 Miner* Raven 14903.. 19.00 David "Williams 14916.. 45.00 John Week 14922. . 25. 00 D. D. Bonner 14929.. 150.00 G. H. Todd 14930.. 8.00 G. H. Burditt 149.33.. 265.00 J. M. Swisher 14940. . 15. 15 S. M. Swenson 14941 . . 1 , 099. 08 R. W. Vaughan 14942.. 75.00 Carried over 20, 712. 2§^ 1860. Feb. 3. By appropriation. Cb. $.300,000.00 300,000.00 * So on original. CLAIM OF THE STATE OF TEXAS. 87 [Page 510.] Dk. 1860. *3 Amis. brot. ford §20, 712. 20 Mar. 31. S. M. Swenson 14964.. 1,005.77 Apr. 3. Sutor & Berrvman 14987.. 216.00 4. J. Marshall & Co., p. atty., 14993 5.00 6. N. J. Hall 15019.. 210.00 10. John Russell 15040. . 262. 50 10. N.Miller. 15041.. 225.00 11. W. Rust 15046. . 4. 46 14. J. S. Gillett 15062. . 80. 00 16. Phelps & Johnson 15065. . 78. 65 16. Henry D. Edwards .... 15067. . 52. 50 17. S. M. Swenson 15072. . 242. 82 17. Do 15073.. 155.51 17. Lavanburg & Bro 15075. . 30. 00 23. H. P. Howard & others, 15094 7.011.97 24. S. M. Swenson 15096. . 472. 79 26. R. M. White, ass 15101.. 421.00 26. Whit« & Ship, ass 15105. . 553. 03 May 4. C.C. Tucker, ass 15147.. 45.00 4. S. M. Swenson 15151. . 417. 41 4. A. Y. Lester 15152. . 15. 00 4. W. W. Downs&Son,ass.l5154. . 85. 40 5. J.M.Swisher&Co.,ass..l5156.- 18.15 5. J. M.W.Hall.... 15159.. 33.10 5. Do 15160.. 31.25 7. Do 15167.. 50.00 9. S. M. Swenson 15176.. 10,000.00 16. Ransom Goins, ass 15221 . . 50. 00 17. Howard & Ogden, ass.. 15222. . 2,818. 10 17. Geo. T. Howard, ass. . . 15223. . 531. 88 18. Dup. warrant, 4029. 18. P. R. Sharrock, ass ... . 15225. . 45. 00 19. S, M, Swenson, ass 15229.. 121.40 19. Chas. W. Keim 15230. . 175. 00 19. Genl. Sam Houston. . . . 1.5231. . 100. 00 21. A. Y. Lester, ass 15234. . 20. 00 22. G. R.C.Todd 15237.. 429.00 24. S. M, Swenson, ass 15244. . 133. 29 24. Baker & Smvth 15245. . 10. 15 24. Chas. W. Keim 15248. . 250. 60 25. Do 15251.. 22.45 26. Miner & Raven, ass. . . . 15250. . 6. 00 29. Y. Tate, ass 1526G. . 65. 00 29. S. M, Swenson 1.5267. . 118. 75 30. Rice & Childress 15271 . . 1.50. 00 31. B, F. Eastman 1.5281.. 25.00 *6 Carried to folio 571 47, 507. 13 1860. Feb. 8, By appro. Cr. jswo.ooo.oe 300,000.00 * So on original. 88 CLAIM OP THE STATE OF TEXAS. Db. 1860. To amt. from folio 610 May 31. A. Wirbiskle "..... 15280. 31. Jas. G. Brown 15290.. 31. F.M.Campbell 15291. 31. W. W. Dunlap 15292. 31. A. Martin 15293. 31. T. T. Gammage 15294.. 31. J. H. Fry 15295. 31. James Gray 15296. June 1. W. H. Muson 15301.. 1. James Gray 15302. 1. C.B. Combe 15303. 1. Alex. Wirbiskle 15314. 1. J. R. Palmer, per ass ..15315. . 1. Goodlet & Jones 15316.. 2. M. Sanders 15317.. 2. Alex. Wirbiskle 15318. . 2. E. F. Calhoun 15320.. 0. S. M. Swenson 15348. . 9. W. L. Chalmers 15367. . 11. J. P.Smith 15375.. 11. Robt. Ray 15376.. 11. Tumer,Daggett&Co.,p. ass 15377.. 11. A. L. Pace, p. ass 15378.. 12. J. M. Smith, p. ass 15390. . 15. G. Morris, p. ass 15400. . June 28. S. M. Swenson 15461^. 28. J.H.Mullens 15463.. 28. WashHammett 15464.. 28 do 15466.. 29. J. B. Hill, ass 15468. . 30. B. Monroe & Bros 15488.. July 3. Geo. T.Howard 15518.. 3. Howard & Ogden 15519. . 13. Blum & Walker 15599.. 17. Sawyer, RisherA Hall. 16018.. 27. F. V. D. Stucken 16065.. .\ug. 2. John Williams 16089. . 24. S. M. Swenson 16175. . 31. Martin Leibman p. atty 16230.. 31. Jas. S. Gillett 16247. . July 3. Wm. Rust 15533.. 3. J. S. Gillett 15535. . 6. C. Higginson 1.554.'?. . [Page 571.] Cr. *6| By amt. folio 510 $300,000.00 $47,507.13 I Au?.— . C. Houston, D.W. No. 4109... 100.00 18,711.84 i 225.00 75.00 635.10 125.00 380.00 75.00 957.00 780.00 350.00 606.75 938.90 26.00 79.23 85.00 200.00 28.75 7, 249. 54 5,000.00 425.50 600.00 330.40 726. 75 403.97 22.50 $142.90 238. 98 72.00 50.00 56.00 2, 432. 75 169. 05 12.50 4.00 39.75 762. 06 42.00 808.00 17.25 63.62 4.46 43.00 45.00 Balance 208, 552. 29 1860. Aug. 31. By balance. $300,100.00 . 208,552.29 300, 100. 00 Carried to folio 582. * So on original. CLAIM OF THE STATE OF TEXAS. 89 Dr. 1860. Sept. 13. 18. 18. 22. 28. Oct. 1. 15. Nov. 27. 1861. Jan. 28. Mar. 5. (Page5S2.] S. M. Swenson 10288.. 81,073.08 Do 16301.. 808.00 Do 16302. . 7, 169. 61 J. A. Goolet Sz Co 16310.. 488.37 J. Walker 16.324.. 95.78 J. M. W. Hall 16328.. 50.00 Sam Houston 16418.. 50.00 Wash Hammitt 16535.. 55.00 Transfer of public property from boundary survey (see p. 567) 1 , 890. 00 Jo. Walker from 17117 to 17124. 2, 700. 00 Balance 194, 172. 45 208,-552.29 1861. Mar. 23. P.M. Taylor 17199.. 100.00 Apr. 10. W. Fitzhugh 17643.. 500.00 10. Do 17644.. 400.00 10. Do 17645.. 727.82 16. W. Byrd 17679.. " .00 May 1. W. Fitzhugh 17721.. 400.00 1. Do 17722.. 400.00 1. Do 17723.. 330.00 7. Do 17729.. 40.80 7. Do 17730.. 269.37 7. Do 17731;. 259.37 7. Do 17732.. 404.62 June 4. Do 17771.. 135.86 July 16. Do 18088.. 195.48 27. Do 18144.. 529.86 Aug. 14. Do 18229.. 637.76 14. Do .M8230.. 415.98 31. Balance 188,435.53 1862. Aug. 31. Balance. 194. 172. 45 198,368.36 198,368.36 To this amt. from military ledger ". 75, 717. 42 Aug. 31. Balance 122,650.94 198,368.36 To this amt. transferred to military ledger 122, 855. 1800. Aug. 31. By bal. from folio 571. Cs. $208,552.29 208,552.29 1861. Mar. 23. By balance. 194,172.45 Interest on Fitzhugh warrant transferred to 92 P. 194.172.45 1861. Aug. 31. Balance 188, 435. 53 Oct. 9. Deposit wt. 4502 189.72 Deposit wt. 4578 8, 513. 00 Deposit wt. 4650 929. 91 Deposit wt. 4652 300. 20 198, .368. 30 1862. Aug. 31. Balance 198.368.36 198, 368. 36 1862. Aug. 31. Balance 122,660.94 Dep. W. No. 5126 204. 90 90 CLAIM OF THE STATE OF TEXAS. Exhibit K. (12A O, page 508.] Supplies furnished Capt. J. Williams' compawj. Dr. 1800. June 19. Aug. 2. S. M. Swenson 15418.. $1,029.15 Williams & Cowan 16086^. 2,139.90 Jno. Williams 16087.. 121.00 D. S. Hannah 16088.. 1,266.00 Jas. Williams 16092.. 27.00 J. B. Pyatt 16093.. 49.50 T. H. Denson 16094.. 67.20 F. M. Kirkpatrick 16095.. h3.00 Robt. Kirkpatrick 16096. . 63. 00 John Kirkpatrick 16097. . 67. 20 N. D. McMillan 16098.. 67.20 W. P. Duncan 16099.. 45.00 Harvev Denson 16100.. 54.00 .lohn H. Conner 16102. . 234. 00 Edward Nortleet 16142.. 33.30 B. A.Xeighbours 16143.. 42.20 W. J. Eillott, ass 16144.. 54.00 Robt. Ragsdale, ass 16145.. 67.20 John Elliott, ass 16146. . 54. 00 Wm. Sneed,ass 16147.. 54.00 John Jackson, ass 16186. . 54. 00 J. M.Jackson 16187.. 54.00 Robt. Jackson, ass 16188.. - 50.70 E. L. Barrett 16189.. 50.40 Jesse A. Denson 10196. . 67. 20 Balance 1,625.85 Sept 10. 10. 10. 14. 14. 14. 26, Oct. 3. o. 3. Nov. 10. 23. Dec. 19. Mar. 19. Aug. 31. 7, 500. 00 N. D. McMillan, atty. . . 16275. . 707. 70 Jas. Burleson, atty 16276.. 73.80 W. P. Pierce 16277.. 54.00 Enoch Shaw 16289. . 52. 50 Wilburn Dawson 16290. . 54. 00 Sam . R. Dawson 16291 . - 14. 70 Harkey & Brown 16315. . 262. 60 J. S. Edes 16357. . 58. 20 Lafayette Fipps 16365. - 19. 80 Wm.Bean 16380.. 54.00 D. K. Williams 16366.. 54.00 W. R. Wright 16499.. 36.00 S. A. Quaite 16530.. 54.00 J. F. Cavaness 16623.. 54.00 A.Houston 17172. 31.50 Balance 45.05 1,625.85 1860. Feb. 11. By appropriation . Cr. 57,500.00 1860. Aug. 31. By balance. 7,500.00 1,625.85 1,625.85 1&61. Sept. 24. J. W. Patty 18360.. 42.20 1861, Aug. 31. By balance CLAIM OF THE STATE OF TEXAS. 91 Exhibit L. [9^ O, page 504.) Pay and si(bsiste/ur of troops on Rio Grande. DR. tlR. 1S60. ; 18('0. Feb 17. J. P. Kelly 14753.. $1,083.30 i Feb. 15. By appropriation S40.000.00 20. S. M. Swenson 14765.. 79.80 I May .5. Amount refunded 3,033.60 21. F. T. Daffan 14782.. 10.60 i 21. C. W. Whites 14786.. 200.00 : 21: Angel Navarro 14788.. 190.00 1 23. Samuel Bvington 11793. . 820. 00 24. J. R. Brooks 14796.. 20.00 : Mar. 7. C. W. Howard 14862. . 22. 900. 88 ! 21. N. Cox 14923.. 732.00 21. M. Sanders 14924.. 274.50 Apr. 16. Jos. Walker 15064.. 75.00 24. R. H. Taylor 15097.. 470.00 May 2. J. T.Miller 15138.. 75.00 7. Geo. J. Hampton 15109.. 143.27 10. R. J. Lawler & Co., ass. 15181. . .304.77 10. H. E.Woodhouse, ass.. 15185.. 4.2.37.00 15. H. Clay Davis, ass 15215. . 720. 00 ! 15. Jno. Decker, ass 15216.. 05.62 15. J. B. McClusky,ass 15217.. 972.86 18. Henry Webb, ass 15227.. 366.57 \ 22. H. Clav Davis, ass 15238.. 150.00 23. Wm. B. Wrather 15243. . 4, 245. 00 ! 28. Jno. Littleton 15262.. 105.00 i 31. A. Wirbiskie 15288.. 1,758.83 Balance 3,033.60 \ 43,033.60 ' - 43,033.60 Aug. 31. By balance 3,033. 60 It should be noted that the act of March 3, 1905, applies in terms to money actually- expended by Texas "in payment of State volunteers or rangers." In a strictly mili- tary sense this can only be construed as allowing for the pay of the troops, to the exclu- sion of disbursements on account of subsistence, forage, equipments, ordnance stores, and other expenses. It is possible, however, that the expression "in payment of may have been intended by Congress to mean in payment of all of the expenses of the troops in question, including both pay, allowances, and other proper military expenses. In any event it will be seen from an examination of the accounts sub- mitted that it is impossible to segregate the amount expended by the State for pay proper from that expended for other" purposes. In the summary given below, there- fore, no attempt has been made to state separately the amount expended on account of pay of the troops, and that summary includes all expenditures for the purposes indicated in the respective State acts making the appropriations. It is also to be remarked that the act of March 3. 1905, requires that the money shall have been actually expended during the period of time between February 28, 1855, and June 21, 1860. An examination of the accounts submitted shows that, while all of the State appropriations were made during the period indicated, some of the money was actually expended aftec June 21, 1860. A distinction is therefore made in the summary of expenditures between payments made before and those made after June 21, 1860. Attention is invited to the provision in section 5 of the act of the Legislature of Texas, approved January 14, 1856, for the payment of $50 to each of the persons appointed by the governor to receive six companies of mounted volunteers into the State service, and that in section 1 of the act approved January 12, 1860, for the l)ayment of peace commissioners at the rate of $5 a day each. It has not been pos- sible, from the accounts submitted, to determine whether any payments, and if so how much, were made on these accounts, and those provisos have also been disre- garded in the following summary. Subject to the foregoing remarks, the following table is submitted. 92 CLAIM OF THE STATE OF TEXAS. Amounts appropriated by the State of Texas betneen Feb. ?<y the State, as shown by vouchers presented by the State authorities, between the dates named in Mr. Culberson's amendment was $375,418.94; and that additional sums were expended by the State for like piu-poses subsequent to June 21, 1860, aggregating $21,395.95. In conformity with this report, the general deficiency appropriation bill (59th 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 dm-ing the period of time between February twenty-eighth, eighteen hundred and fifty-five, and June twenty-first, eighteen hundred and sixty, in payment of State vohmteers or rangers called into ser^dce by authority of the governor of Texas, in defense of the frontier of that State against Mexican marauders and Indian depreda tions, for which reimbursement has not been made out of the Treasury of the United States, as ascertained under the act of Congress approved March third, nineteen hun- dred and five, and certified in Senate Document Numbered One hundred and sixty- nine, of this session, three htmdred and sevent>'-five thousand four htnidred and eighteen dollars and ninety-four cents." Thereafter, in 1908, Congress made a further appropriation to cover the additional amount of $21,395.95 theretofore reported by the Secretary of War to have been expended by the State of Texas for frontier defense subsequent to Jtme 21 , 1860. Apparently these two appropriations 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 .$198,573.26 of the $300,000 appropriation made by the Legislature of Texas for frontier defense on February 3, 1860, was unexpended. It now appears conclusively that in the latter part of 1908, and subsequent 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 94 CLAIM OF THE STATE OF TEXAS. of this supposedly unexpended balance of $198,573.26, as a matter of fact the sum of $179,434.17 was expended by the State of Texas in frontier defense between June 6, 18G0, and March 4. 1861, and that each item of this expenditure is fully attested by an original voucher. In addition to this, it is claimed and shown by the State that the further sum of $3,646.60, 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 Secretary 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 knowledge is easily accounted for, when the total destruction of the State capitol by fire, November 9, 1881, is recalled. In that tire many of the books and records of the several State departments were destroyed, many of them were lost, and those preserved were so inextricably jumbled together and damaged by fire 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 wholly to inadvertence; 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, apjiears in a letter of the Secretary of War of January 19, 1878 (p. 20, S. Ex. Doc. No. 19, 45th (.'ong., 2d sess.), and it is not included in either of the appropriations of 1906 and 1908, as is shown by reference to Senate Document No. 169, ante. The following letter from the governor of Texas, with accompanying papers, show the character and history of the claim .somewhat in detail: Executive Office, State op Texas, Austin, July 6, 1911. Hon. Charles A. Culberson, United States Senate, Washington, D. ('. Dear Senator: 1 am handing you 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 payment 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. In addition to the sum already mentioned the United States Government 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, com- manded by Capts. John W. Sansom, J. M. Davenport, and R. W. Black, making a total due by the United States Governmoit on said claim of $183,080.77, with interest from the time Texas made the payment. I also hand you a copy of circular issued by the Texas adjutant general's department quoting the act of Congress of May 30, 1909, extending the benefits of pensions to those engaged in the defense of the frontier of the State of Texas against Indian and Mexican marauders. Attached you will find an act of the Texas Legislature, approved Feb- ruary 3, 1860, another act approved January 2, 1860, and a third act approved Feb- ruary 14, 1860, under which the State of Texas expended these moneys. I am sending you this data and information with request that you prepare a bill and introduce it in the Senate providing for the refund oi these amounts to Texas. The passage of such an act will also entitle those who gave their services to the State in defending her frontier against Mexican marauders and Indians an opportunity to draw the pensions to which they are entitled. Any further information which you may deem necessary will be furnished you upon request. I feel sure there can be no valid or substantial objection on the part of any- one to the payment of this money. Yours, truly, O. B. Colquitt, Goveiifior. Austin, Tex., June 12, 1911. Hon. 0. B. CoLQUiiT, Governor of Texas, Austin. Dear Sir: By your direction, I have the honor to submit the following statement in regard to an unsettled claim of the State of Texas against the United States, for pay of troops in defense of her frontier during the latter part of the year 1859 and the hrsi part of 1860. against Indians and Mexican marauders. CLAIM OF THE STATE OF TEXAS. 95 HISTORY OF THE NEW CLAIM. The Eighth Legislature of Texas, on February 3, 18G0, made an appropriatiou of $300,000 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 Rio Grande against Mexican marauders under Cortina, a Mexican outlaw, and there was paid out of said appropriation for the maintenance and equipment of the troops serving under Col. Johnson and Maj. Ford, and to other ranging companies called into service by Gov. Sam Houston, the sum of $101,416.74, being the amount of the refund made by the Federal Congress in 1906-1908, from said appropriation of $300,000 as determined in the report made to Congress by the Secretary of War, in answer to the inquiry directed to him by the act of March 3, 1905: "What sum or sums of money were actually expended by the State of Texas during the period of time between February twenty-eighth, eighteen hundred and fifty-five, and June twenty-first, 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 depredations, for which reimbursement has not been made out of the Treasury of the United States." From the above it is found that there was an unexpended balance of said appro- priation of $198,573.26, which was transferred to military ledger on or about June 1, 1860, and was paid out under resolution of the Eighth Legislature of Texas to the organi- zations 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 179, 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 A'ouchers for each warrant: Indian depredations: Capt. W. C. Dalrymple's company, Lieut. Dixon Walker's company, Capt. J. C. Conner's company, Capt. Ed. Burleson's company, Capt. T. J. Johnson's company, Capt. N. H. Darnell's company, Capt. W. M. Wood's company. Capt. G. S. Fitzhugh's company, Capt. L. S. Ro.ss's company, Lieut. A. B. Burleson's company, Capt. W. H. Berry 's company, Capt. William Fitzhugh's company, Lieut. Salmon's company, Lieut. Ballintyne's company. Cortina War: Capt. John S! Ford's company, Capt. John Littleton's company, Capt. W. D. Herron's company, Capt. Jo. Tumblinson's company, Capt. William Tobiu's company. The officers and men serving on the frontier against Indians and on the lower Rio Grande against Mexican marauders received no pay from the State for the period of service in 1859-60, other than that shown by the military ledger heretofore referred to, which discloses the fact as to what payment was made, each item being fully 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 bj^ the United States, but was discovered 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 discovery of this ledger and vouchers pertaining thereto, as it was believed that many applicants for pensions under act of Congress, approved May 30, 1908. would, with this proof of payment, be eligible. Acting on request made in letter of September 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 eligibility 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 therefor, the siu'viving officers and enlisted men and surviving widows would not be eligible under said act until the State of Texas is reimbursed. In the event this claim is refunded, some 200 or more survivors will, under the ruling of the Commissioner of Pensions, become eligible under the present act of Congress. 9G CLAIM OF TH£ STATE OF TEXAS. as the records will then show required reimbursement, and secure pensions to many old rangers and their surviving mves, who are shown to have been paid by the State of Texas for service in the latter part of 1859 and first part of 1860. The payments made to officers and enlisted men of organizations, heretofore referred to, was through the determined effort of Gov. Sam Houston, who secured the passage of the appropriation of $300,000, and of the resolution providing for their pay in 10 per cent warrants. THE EMERGENCY FOR THE CALL. The conditions existing on the western and northern frontiers In 1859, owing to the unchecked depredations of Indians, created an emergency and was met by Gov. Houston, immediately after being inducted into office, by a call for troops and the organization of a regiment for frontier defense. At the same time Juan Cortina, a Mexican outlaw, invaded Texas with a lai^e force for the purpose of wholesale robbery and murder. Volunteers were hastily raised in southwest Texas, and Cortina, after a bloody engagement near Roma, Mexico, was driven across the Rio Grande with a loss of 125 men. The facts, which are historical, demonstrated the urgent necessity for both calls of Gov. Houston for the defense of the frontier against Indians and Mexican marauders, and his insistence for the pay of the troops who had, inspired by patriotic motives, responded to the call of their State in the hour of need. THE CLAIM IS JUST, Referring to House concurrent resolution 32, will submit that the present claim was not discovered until September, 1908. and was unknown at the time of the refund of the claim for $396,814.89, for frontier defense, which was -submitted under a resolution of Congress, heretofore quoted, to the Secretary of War in January, 1905, and that the beet evidence of the validity of the claim is attested by original records and vouchers for every item of payment amounting to $179,434.17, paid in State warrants, bearing 10 per cent interest, by virtue of authority conferred by an act of the Eighth Legislature of Texas, approved Februaiy 14, 1860, and the further sum of $3,646.60, under act of January, 1857, for pay of those companies of minutemen commanded by Capts. John W. Sansoni, J. M. Davenport, and R. W. Black, which was inadvertently omitted from the refunded claim as presented to the Secretary' of War in January, 1905, 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 eighth legislature: An act for the protection of the frontier, page 13; an act making appropriation for the protection of the frontier, page 38; joint resolution approved November 18, 1859, page 140; reports of Col. M. T. Johnson, Maj. John S. Ford, and Capt. L. S. Ross. These reports cover service on the west and northern frontier and in the Cortina War, and are important in showing actual service in the lield. The reports of Maj. John S. Ford and '"apt. L. S. Ross are of historical interest. Maj. Ford reports a battle with Cortina and Capt. Ro.' in the treasury not otherwise appropriated, be, and the same is hereby, appropria- 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 (he 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 incase the governor shall find that there is not money enough in the treasury to meet the foregoing appropriation fully as the same may 1 e needed from time to time, or that the amount of said appropriation is not sufficient to carry out CLAIM OF THE STATE OF TEXAS. 101 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 other- wise, and whenever payments are to he 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 adjustrnent to the party interested, and such accounts shall be paid as may hereafter be proAdded by law. Sec. 3. That this act shall take efiect from and after its passage. Approved, February 3, 1860. The State of Texas, Department op State. I. C. C. McDonald, secretary of state of the State of Texas, do hereliy certify that the attached and foregoing is a true and correct copy of sections 1 , 2, and 3 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 General Laws of Texas, 1859-60, page 38. 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. C. C. McDonald, Secretary of State. Chapter II. AN ACT For the protection of the frontier. Whereas a state of hostilities exists between the people of the State of Texas and various Indian trijaes who inhabit the unsettled portions of the State and adjacent territory— bands of said Indians having at various times within the last three years invaded our settlements, murdered our people, and carried off or destroyed their property, so that the frontier settlements are receding before the invaders, and our frontier counties in danger of depopulation; and Whereas the Federal Government, whose duty it is primarily to protect the State from such hostilities, has not efficiently afforded such protection; and Whereas we are continually in such imminent danger of being invaded by said hostile Indian tribes as will not admit of delay: Therefore Section 1. Be it enacted by the Legislature of the State of Texas, That the governor of State be, and he is hereby, authorized to raise and muster into the service of the State a regiment of mounted men, if so many be necessary, consisting of ten companies, or such smaller number as he shall deem sufficient to afford efficient protection to the entire frontier; and one-half of said force, at least, shall be immediately, upon their organization, placed on the frontier, in such manner as to act as spies and minutemen, for the protection and defense of the settlements, as the governor may think proper. Each company shall be composed of eighty-three men, rank and file, to be enlisted for the term of twelve months, unless sooner discharged; to be reenlisted for another terni of twelve months, or others taken in their place, at the expiration of the ffi'st 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 snail elect a colonel, a lieutenant colonel, and a major, and each company shall have one captain, three lieutenants, four sergeants, and four corporals, and one surgeon; and tjaere shall be selected from each company one of the lieutenants, to act as quartermaster and com- missary 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 officers may direct, as quartermasters, or commissaries, or adjutants; and there shall also be appointed, from among the men, such noncommissioned staff as may be necessary. Sec. 3. Said officers and men shall provide themselves with arms, horses, and all accouterments and camp equipage; and shall be furnished, at the expense of the State, in provisions, ammunition, medicines, and forage for horses when practicable; and shall receive for their services the following sums: The colonel, one hundred and eighty dollars per month; the lieutenant colonel, one hundred and fifty dollars per month; the major, one hundred and twenty-five dollars per month; the captains, one hundred dollars per month; the, first lieutenants, seventy-five dollars per month; the second lieutenants, sixty dollars per month; sergeants, four dollars per month in addition to pay of privates; and corporals, three dollars per month in addition to pay of privates; and privates shall receive twenty-five dollars per month; and commissioned staff 102 CLAIM OF THE STATE OF TEXAS. officers shall be allowed twent}^ dollars per month extra to the pay'of their rank and noncommissioned staff officers eight dollars per month in addition to the pay of privates; the surgeon shall be entitled to one himdred and twenty dollars per month, and shall furnish his instruments, but be furnished A\dth medicines. Sec. 4. The said force shall be employed in ranging and scouting the frontier, from the most eligible point on the Rio Grande to Red River: and their operations shall be entirely under the control of the governor, who shall appoint their proper places of rendezvous and deposit, and direct all arrangements necessary to carry out the intention of this act; and said force shall be subject to the rules and regulations of the Army of the United States; and when in the opinion of the governor their further services are not necessary, may be reduced or disbanded, or if provisions shall be made by the Government of the United States to accept the said force, in the whole or in part, for the protection 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 position on the frontier as they shall be ordered by the governor and shall operate during 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, January 2, 1860. The State of Texas, Department op 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, 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. Section 1. Be it enacted by the Legislature of the State of Texas, 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 amo\mt, 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 interest from date, which warrant shall be countersigned by the governor, and shall be numbered and indorsed 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 nmnbers, 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 op Texas, Department op 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 chapter 82, a(?t8 of the Eighth Legislature of the State of Texas, entitled ''An act authorizing 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 Texa^, 1859-60, pages 1 15 and 116. In testimony whereof I have hereunto) signed my name officially and caused to be impressed hereon t!ie seal of State at mv office in the city of Austin, Tex., this the 2lHt day of June, A . D. 191 1 . [seal.] C. C. McDonald, Secretary of State. o L£:My'l2