LIBRARY OF CONGRESS 
 
 014 645 577 3 § 
 
391 
 r27 
 
 jpy 1 > Congress / ci?mat>t? (Document 
 
 •/ Session \ SENATE -^ ^^ ^.^ 
 
 IcA ss. 
 
 Claim of the State of Texas for 
 Defense of the Frontier 
 
 PAPERS AND LETTERS RELATIVE TO 
 ADDITIONAL CLAIM OF THE 
 
 STATE OF TEXAS 
 
 FOR REIMBURSEMENT OF MONIES EXPENDED 
 IN FRONTIER DEFENSE IN 
 
 1856 and 1860-61 
 
 
 PRESENTED BY MR. CULBERSON 
 
 July 17, 1911. — Referred to the Commit'ee on Appropriations and 
 ordered to be jirinted 
 
 WASHINGTON 
 
 1911 
 

CLAIM OF THE STATE OF TEXAS FOR DEFENSE OF THE 
 
 FRONTIER. 
 
 Additiimul claim of the State of Texas for reimbursement of moneys 
 expended in frontier defense in 185<> and LS()0-<il. 
 
 On Fel>ruary i, 1U05, Mr. ('ull)erson, in the Senate, submitted an 
 amendment to the general detiiieney appi-opriation bill, which was 
 adopted, providing: 
 
 The Secretary of War is hereby directed to in(|nire and report to Conpreps for its 
 consideration wliat sum or 8uin.s of money were actually expended by the State of 
 Texas duriuirthe period of time l)et\veen February twenty-eighth, eijrhteen hundred 
 and tifty-Hve, antl June twenty-tir^t, eighteen hundred and sixty, in payment of 
 State volunteers or rangers called into service by authority of the governor of Texas, 
 in defense of the frontier of that State against Mexican marauders and Indian depre- 
 dations, for which reiml)ui-sement has not been made out of the Treasurv of the 
 United States. 
 
 In compliance with this provision of the act, on January 27, 1906, 
 the Secretary of War sent to the Senate a report (S. Doc. No. 169, 
 59th Cong., 1st sess.) of the result of his investigations, which dis- 
 closed that the amount of money actually expended by the State, as 
 shown V)v vouchers presented by the State authorities, between the 
 dates named in Mr. Culberson's amendment was $375,418. 9-I-; and that 
 additional sums were expended l)v the State for like purposes subse- 
 (juent to flune 21, 1860, aggregating ^21,395.95. In conformity with 
 this report, the general deficiency appropi'iation l)ill (.■)9th Cong., 1st 
 sess.), approved June 30, 1906, carried the following: 
 
 Payment to Texas. — To reimburse the State of Texas, in full settlement of all 
 claims of any nature whatever on account of moneys actually expended by that State 
 duringthei'eriodof time l)et ween February twenty-eighth, eighteen hundred and hfty- 
 tive, and June twenty-first, eighteen huii<Ire<l ami sixty, in payment of State volun- 
 teers or rangers called into service by authority of the governor of Texas, in defense 
 of the frontier of that State against Mexican marauders and Indian dei)redations, for 
 which reimbursement has not been made out of the Treasury of the United States, 
 as ascertained under the act of Congress ai)proved Marcii third, nineteen hundred 
 and five, and certified in Senate Document numbered one hundred and sixty-nine of 
 this session, three hundred and seventy-five thousand four hundred and eighteen 
 dollars and lunety-four cents. 
 
 Thereafter, in 1908, Congress made a further appropriation to cover 
 the additional amoiuit of >^21,31>5.9.") thcM'etofore reported by the Sec- 
 retary of War to have bi^en expended by the State of Texas for f lontier 
 defense subse(|uent to .luru^ 21, IsCiO. 
 
 Apparently these two ai)propriations covered all valid existing claims 
 of the State of Texas. It should be here particularly noted, however, 
 that at page 32 of the report of the Secretary of War (S. Doc. No. 169) 
 it is recited that Sl98,573.2«l of the ^300,000 appropriation made by 
 the Legislature of Texas for frontier defense on February 3, 1860, ?/v;.s' 
 uncvpciuUd. 
 
 3 
 
4 CLAIM OF STATE OF TEXAS FOE DEFENSE OF THE FRONTIER. 
 
 It now appears conclusively that in the latter part of 1908, and sub- 
 sequent to the appropriations by Congress of 1906 and 1908 heretofore 
 recited, an old military ledger was discovered in the comptroller's 
 office of the State of Texas, which discloses that of this supposedly 
 unexpended balance of $198, 573. 2(), as a matter of fact the sum of 
 $179,134.17 vas expended by the State of Texas in frontier defense 
 between June 6, 1860, and March 4, 1861, and that each item of this 
 expenditure is fully attested hi/ an original voucJier. 
 
 In addition to this, it is claimed and shown b}' the State that the 
 further sum of $3,616.60, appropriated by the legislature in January, 
 1857, for pay of companies of minutemen commanded by Capts. John 
 W. Sansom, J. M. Davenport, and R. W. Black, was inadvertently 
 omitted from the proofs of claims presented to the Secretar}' of War 
 in 1905, and that this amount should be refunded. 
 
 The failure of the State authorities to present the larger claim for 
 $179,434.17 accruing June 6, 1860, to March 4, 1861, is fully explained 
 by the entire lack of knowledge of the existence of the old military 
 ledger and vouchers showing its expenditure. This want of knowl- 
 edge is easily accounted for, when the total destruction of the State 
 capitol by tire, November 9, 1881, is recalled. In that fire many of the 
 books and records of the several State departments were destroyed, 
 man}' of them were lost, and those preserved were so inextricably 
 jumbled together and damaged by lire and water, that for many years 
 it seemed an almost hopeless undertaking to put them in order; and 
 even yet the work has not been wholly completed. 
 
 The failure to present the smaller claim is ascribed wholl,y to inad- 
 vertence; and this must be so, since cognizance of the claim, or at least 
 of the existence of the companies of minutemen on whose account it 
 is made, appears in a letter of the Secretary of War of January 19, 
 1878 (p. 20, S. Ex. Doc. No. 19, 45th Cong., 2d sess.), and it is not 
 included in either of the appropriations of 1906 and 1908, as is shown 
 by reference to Senate Docujiient No. 169, ante. 
 
 The following letter from the governor of Texas, with accompanj^- 
 ing papers, show the character and histor}^ of the claim somewhat in 
 detail: 
 
 Executive Office, State of Texas, 
 
 Austin, July 6, 19] 1. 
 Hon. Chas. a. Culberson, 
 
 United States Senate^ WasMngiem, D. C. 
 
 Dear Senator: I am handing 3'ou herewith a report to me by 
 Capt. E. M. Phelps, concerning claim of the State of Texas against 
 the United States for $179,434.17, which was disbursed in the pay- 
 ment of the State troops by the State of Texas in the defense of her 
 frontier during the latter part of the year 1859 and the first part of 
 1860 against Indian and Mexican marauders. Capt. Phelps's report 
 to me explains the matter concisely and fully. 
 
 iw addition to the sum already mentioned the United States Gov- 
 ernment is due the State of Texas some $3,646.60 expended under an 
 act of the Texas Legislature passed in January, 1857, for the payment 
 of three companies of minutemen, commanded ])y Capts. John ^^'. 
 Sansom, J. M. Davenport, and K. W. Black, making a total due, by 
 the United States (Jovernment on said claim of $183,080.77, with 
 interest from the time Texas made the payment. 
 
CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 5 
 
 1 nUo hand you a copy of circular issued ))y tho Texas adjutant t^en- 
 enirs dopartinont (juotin^if the actof Conrjrrss of May 30, !!»()!», extcnd- 
 ini>' the l)eiu'lits of pensions to those ('n<ifa«,^ed in the defense of the 
 frontier of tiie State of Texas a<,''ainst Inclian and Mexican marauders. 
 Attached you will tind an act of the Texas Lei^islature, approved Feb- 
 niaiy 3, 1S»)(». another act approveil January 2, ISGO, and a thii-d act 
 api)roved February 14, Isdo, under which the State of Texas expended 
 these moneys. 
 
 1 am sendine- you this data and information with re»|uest that you 
 prepare a bill and introduce it in the Senate providinnf for the refund 
 of these amounts to Texas. The passai^v of such an act will also entitle 
 those who oave their services to the State in defendint,'- her frontier 
 ajjainst Mexican marauders and Inilians an op])ortunity to draw the 
 piMisions to which they are entitled. 
 
 Any further infoiiuation which you may deem necessary will ho fur- 
 nished you upon recpiest. 1 feel sure thei'c can be no valid or sub- 
 stantial ol)jet'tion on the i)art of anyone tc the payment of this money. 
 Yours, truly, 
 
 O. B. Colquitt, 
 
 Govef'no?'. 
 
 Austin, Tex., June 12^ 1911. 
 Hon. O. B. Colquitt, 
 
 (roiwiior of Texas., Austt}). 
 Dear Sir: By your direction, I have the honor to submit the fol- 
 lowino- statement in regard to an unsettled claim of the State of Texas 
 against the United States, for pa}' of troops in defense of her frontier 
 during the latter part of the year 1S,5H and the first part of 1S60, 
 against Indians and Mexican marauders, 
 
 HISTORY OF THE NEW CLAIM. 
 
 The Eighth Legislature of Texas, on February 3, 1860. made an 
 appropiiation of ^300. ooO for pay and maintenance of State troops 
 then in the service on the west and north frontiers under the command 
 of Col. M. T. Johnson and Maj. John S. Ford on the lower Kio (irande 
 against Mexican marauders under Cortina, a Mexican outlaw, and 
 there was paid out <jf said appropriation for the maintenance and 
 eijuipment of the tioops serving under Col. Johnson and Maj. Ford, 
 and to other ranging companies calhnl into serxice by (Jov. Sam Hous- 
 ton, the sum of Siol.4ir».T4. being the amount of the refund made l)y 
 the Federal Congress in llKJii-lHOS, from said approi)riation of $300,000 
 as determined in the report made to Congress by the Secretary of 
 ^^'al•. in answer to the intjuirv directed to him bv the act of March 3, 
 UH).5: 
 
 What Huiii or smiis of inonov were actually expended by the State of Texas during 
 the period of time l)et\veeii February t\\eiity-ei<,ditli, eij;hteen hundred and liftyfive, 
 and .Fune tweiUy-lirHt, eij.diteen hundied and sixty, in payment of Slate volunteers 
 or ran;,'('rs called into service by authority of the goverijor of Texas in defense of 
 the frontier of that State against Mexican marauders and Indian dejtredationH, for 
 which reimbursement has not been made out of the Treasury of the United States. 
 
 From the al)ove it is found that tluu'e wtis an tuM^xpeuded balance 
 of said api)ropriation of Sil»S,.5T3.ii<», which was transferred to military 
 
6 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FEONTIEB. 
 
 ledger on or about June 1, 1860, and was paid out under resolution of 
 the Eighth Legislature of Texas to the organizations hereinafter 
 named, viz: 
 
 June 6, 1860, to Sept. 30, 1860 $61, 512. 86 
 
 Oct. 1, 1860, to Oct. 31, 1860 1,640.13 
 
 Nov. 1, 1860, to Mar. 4, 1861 116,281.18 
 
 Total 1 79, 434. 17 
 
 The above is the amount covered by 10 per cent warrants issued by 
 the comptroller of the State of Texas, with the approval of the governor. 
 
 FRONTIER DEFENSE AGAINST INDIANS. 
 
 For pay, etc., of the following organizations from June 6, 1860, 
 to March 4, 1861, as shown by said military ledger and original 
 vouchers for each warrant: 
 
 Indian depredations: Capt. W. C. Dalrymple's company, Lieut. 
 Dixon Walker's company, Capt. J. C. Conner's compan}', Capt. Ed. 
 Burleson's company, Capt, T. J. Johnson's company, Capt. N. H. Dar- 
 nelFs company, Capt. W. M. Wood's company, Capt. G. 8. Fitz- 
 hugh's company, Capt. L. S. Ross's company, Lieut. A. B. Burleson's 
 compan}^, Capt. W. H. Berry's company, Capt. William Fitzhugh's 
 company, Lieut. Salmon's companj", Lieut. Ballintyne's company. 
 
 Cortina War: Capt. John S. Ford's company, Capt. John Little- 
 ton's compan}^, Capt. W. D. Herron's compan}^, Capt. Jo. Tumblin- 
 son's compan}^ Capt. William Tobin's compan3\ 
 
 The officers and men serving on the frontier against Indians and on 
 the lower Rio Grande against Mexican marauders received no pa}' 
 from the State for the period of service in 1859-60, other than that 
 shown b}' the military ledger heretofore referred to, which discloses 
 the fact as to what payment was made, each item being full}^ attested 
 by an original voucher. 
 
 This new claim of the State of Texas was not known at the time the 
 one for $396,814.89 was refunded by the United States, but was dis- 
 covered later among old archives on file in the department of the 
 comptroller of public accounts of this State, in September, 1908. 
 
 The Commissioner of Pensions for the United States was advised on 
 September 10, 1908, of the discoverv of this ledger and vouchers per- 
 taining thereto, as it was believed that many applicants for pensions 
 under act of Congress, approv^ed Ma}'' 30, 1908, would, with this proof 
 of payment, be eligible. Acting on request made in letter of Septem- 
 ber 10, 1908, the Commissioner of Pensions sent Mr. Charles G. 
 Townsend, of his department, to Austin to make a special examination 
 of said ledger and vouchers, in order to ascertain the eligit)ility of 
 certain applicants under said act of Congress. Mr. Townsend spent 
 about two weeks in the adjutant general's office and made a thorough 
 examination, and found that the payments as shown by the said ledger 
 constituted a new claim against the United States, as it clearly 
 appeared that no part thereof had ever been refunded by the United 
 States; and as the State of Texas had never been reimbursed there- 
 for, the surviving officers and enlisted men and surviving widows 
 would not be eligible under said act until the State of Texas is reim- 
 bursed. 
 
CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 7 
 
 In the event this claim is refunded, ssouie 200 or nion^ survivors 
 will, under the ruliiiu- of the Coniniissionei' of I'tuisioiis. hccome ciij^i- 
 ble under tlie present act of (\)nyress, as the i-eiords will tiien slu>«r 
 recjuired reind)Ul•^^enu'nt, and secun* pensions to many old i-anj^-ers and 
 their sur\ ivino- wives, who are shown tt) have been paid by the Stiite 
 of Texas for service in the latter part of lb.">:» and first part of 1H6U> 
 
 The payments made to otlicers and enlisted nien of orj^ianizations, 
 heretofore referred to, was through the determined ell'ortof (iov. Sana 
 Houston, who secured the passaije of the appropriation of S;^O0,O00i, 
 and of the resolution providing for their pa}' in 10 per cent warrants. 
 
 TIIK KMERGENCY FOR THE CAf.I,. 
 
 The conditions existing;- on the western and tiortliern frontiers Ir 
 1851>. owint^ to the unchecked depredations of Indians, created an 
 emergency and was met hy Clov. Houston, iinmediat(dy after being 
 inducted into ollice, by a call for troops and the oro;ani/ation of a reg-i- 
 ment for frontier defense. At the same time duan Cortina, a Mexican 
 outlaw, invaded Texas with a large force for the purpose of wholesale 
 robliery and murdei'. Volunteers were hastily raised in southwest 
 Texas, and Cortina, after a bloody engagement near Koma, Mexico, 
 was driven across the Rio (irande with ii loss of 12.") men. 
 
 The facts, which are historical, demonstrated the urgent necessit}'^ for 
 both calls of (lov. Houston for the defense of the frontier against 
 Indians and Mexican marauders, and his insistence for the pay of the 
 troops who had. ins])ired by patriotic motives, responded to the call 
 of their State in the hour of need. 
 
 THE CI,ALM IS JUST. 
 
 Referring to House concurrent resolution .S'i, will submit that the 
 present claim was not discovered until September, 11M)8, and was 
 unknown at the time of tiie refund of the claim for $8l»«i.814..S*J, for 
 frontier defense, which was submitted under a resolution of Congress, 
 heretofore (pioted, to the Secretary of War in January, lltUo, and thsit 
 the best evidence of the validity' of the claim is attested by original 
 records and vouchers for every item of payment amounting to 
 i>17!',4;->4. 17, paid in State wairants, bearing 10 percent interest, by 
 virtue of authority conferred by an act of the Kighth Legislature of 
 Texas, approved February 14, 18(')0, and the further sum of >5o,«i4t).()0, 
 under act of January. 1S.")7, for pay of those companies of mimite men 
 conunanded by Capts. .lohn W. Sansom. d. M. Davenport, and R. VV. 
 Black, which was inadvei"tently otjutted from the refunded claim 
 as presented to the Secretary of War in January. 190."). which makes 
 the total amount still due the State of Texas for the protection of her 
 frontier against Indians and Mexican marauders to March 4, 1861, 
 $183,080.77. 
 
 In order to substantiate the facts alleged in the foregoing statement, 
 reference is made to the following acts of the Kighth Legislature: An 
 act for the protection of the frontier, page i:'>: an act making appro- 
 priation foi- the protection of (he frontier, page 3S; joint resolution 
 approved Novend>er is, 18ol». page 14o; reports of Col. M. T. ,Iohn- 
 son. Maj. John S. Ford, and Capt. L. S. Ross. 
 
8 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FEONTIER, 
 
 These reports cover service on the west and northern frontier and in 
 the Cortina War, f.nd are important in showing actual service in the 
 field. 1 he reports of JVJaj. John S. Foid and Capt. L. S. Eoss are of 
 historical interest, Maj. Foid rtpcrts a battle with Coitira and Capt. 
 Ross gives a graphic description of the capture of Cynthiana Parker 
 and her ecn, Qi iv.&h. Al&o leieicrce is n { de to a cirt ular of l£Oi' in 
 regard to pensions under act of Congress approved May '60, 1P08. 
 
 In conclusion, Governor, I will state that 1 have made this report as 
 brief as possible, believing that any explanations necessary could be 
 made personalh', I have the honor to be, 
 Yours, verv respectfullv, 
 
 E. M. Phelps, State Agevt. 
 
 [Circular No. 3.] 
 
 Adjutant Gekeeal's Department, 
 
 Austin, Tex., Jme 8, 1909. 
 
 IMPORTANT. 
 
 The circular of Auguf^t 9, 1908, as amended, relative to pensions for State troops or 
 rangers, provided for under the act of Corgrees, appioved May £0, lfC8, to inclrde 
 a list of companies who were paid during the latter i art of 1859 and the first jart of 
 1860, discovered in an old military ledger during the month of Septemler, 1908, is 
 republished and amended to rtad as follows: 
 
 ACT OF CONGRESS, APPROVED MAY 30, 1908. 
 
 AN ACT Ptnsirniiig tliC surviving cflictrj and cnlisttd men of tl.e Texas vohniteers tmployed in 
 the defense of llie fr( ntiei of tl at Stale f gains-t Mexican maiaudcrj- fnd Indian depredati( ns frt m 
 eighteen hundred aid fifty-five to eighteen hundred and sixty, inclusive, t.nd lor other juiposes 
 
 Be it evaded by the Senate and House of Repre.^er,tatkes of the Unitfd States of Avi erica 
 in Congress ai-scmhled, That the pi ©visions, limitations, find benefits of an act entitled 
 "An act granting pensions to survivors of the Indian wars of eighteen hundred and 
 thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk 
 War, Creek War, Cherokee disturbances, and the Seminole War," approved July 
 twenty-seventh, eighteen hundred and ninety-two, be, and the same are hereby, 
 extended from the date of the passage of this act to the surviving officers and enlisted 
 men of the Texas volunteers who served in the defense of the frontier of that State 
 against Mexican marauders and Indian depredations from the year eighteen hundred 
 and fifty-five to the year eighteen hundred and sixty, inclusive; and also to include 
 the surviving widows of such of said officers and enlisted men : Provided, That such 
 widows have not remarried: Provided further. That where there is no recorel of 
 enlistment or muster into the servic e of the United States in the service mentioned 
 in this act the fact of reimbursement to Texas by the United States, as evidenced by 
 the mustei- rolls and vouchers on file in the War Department, shall be accepted as 
 full and satisfactory proof of such enlistment and service: Avd jn-ovided further, That 
 all contracts heretofore made between the beneficiaries under this act and pension 
 attorneys and claim agents are hereby declared null and void. 
 
 Approved May 30, 1908. 
 
 The above act extending the provisions of the act ef July 27, 1892 (a law pension- 
 ing survivors of the variot:s Indian wars), to certain Texas Rangers who served on 
 the frontier of that State during the years 1855 to IFtiO, ajjplies tu the following com- 
 panies, whose men and their widows may I e entitled to the benefits of this act. 
 Under the terms of this new law, and foimer pension laws, the surviving officers 
 and enlisted men, and the surviving widows of officers and i nlistcd men of the fol- 
 lowing-named Texas Ranger companies, may, by conforming to all requirements of 
 the Pension Bureau, receive pensions: 
 
 Capt. G. S. Bogess, 87 men; mustered in December 23, 1854; mustered out March 
 22, 1855. 
 
 Capt. John G. Walker, 84 men; mustered in December 1, 1854; nuistered out 
 March 31, 1855. 
 
CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 9 
 
 Capt. William R. Henrv, 86 men; mustered in December 14, 1854; mustered out 
 March 31. 1855. 
 
 Capt. William Fitzhugh, 84 men; mustered in December 24, 1854; mustered out 
 March LM, 1855. 
 
 Capt. Charles E. Travis, 80 men; mustered in December 1, 1854; mustered out 
 April 1, 1855. 
 
 Capt. P. H. Rogers, 78 men; nmstered in December 22, 1854 ; musteretl out March 
 21, 1855. 
 
 J. H. Callahan, captain; Ed Burleson, first lieutenant; William Kyle, second 
 lieutenant: 88 men ; mustered in .luly 20, 1855; mustere<l out ()ct(«l)er 11>, 18.'i5. 
 
 Nat Benton, cajitain ; H. B. Kinj:, tir.-t lieutenant; Chas. \. Read, second lieuten- 
 ant ; 20 men ; mustered in September 15, 1855: mustered out October 15, 1855. 
 
 William K. Henry, captain ; Houston Tom, first lieutenant : 36 men; mustered in 
 September 15, 1855"; mustered out October 15, 1855. 
 
 William Tom, captain ; Robt. E. Jones, first lieutenant; W. M. Rust, second lieu- 
 tenant; 88 men ; mustered in October 18, 1855; mustered out November 15, 1855. 
 
 Wm. (J. Tobin, captain; 28 men; mustered in October 12, 1855; mustered out 
 November 15, 1855. 
 
 Levi English, captain; Joel M. Walker, second lieutenant; 56 men; mustered in 
 August 6, 1855; mustered out November — , 1855. 
 
 J. W. Sansom, captain ; 14 men ; mustered in April 16, 1856 ; nmstered out July 
 16, 1856. 
 
 J. M. Davenport, cay>tain ; Jos. (.t. Brown, lieutenant; 37 men; mustered in March 
 13, 1856; mustered out June 1, 1857. 
 
 R. W. Black, captain; James Moseley, lieutenant; 30 men; mustered in January 
 1, 1856; mustered dut December 31, 1856. 
 
 Thomas K. Carmack, 20 men; mustered in December 14, 1857; mustered out 
 March 14, 1858. 
 
 John H. Conner, 31 men; nmstered in December 2, 1857; mustered out March 2, 
 1858. 
 
 John S. Hodges, 20 men; mustered in December 14, 1857; mustered out March 14, 
 1858. 
 
 T. C. Frost, 20 men; nmstered in Decendjer 21, 1857; mustered out March 21, 
 1858. 
 
 John S. Ford, captain; Ed Burleson, first lieutenant; A. Nelson, second lieutenant; 
 W. A. Pitts, second lieutenant; J. H. Tankeraley, lieutenant; 135 men; mustered in 
 Januarv 10, 18.58; nmstered out August 10, 1858. 
 
 John Williams, captain; D. C. Cowan, lieutenant; 20 men; mustered in May 24, 
 1858; mustered out July 24, 1858. 
 
 William G. Preston, captain; 24 men; mustered in April 20, 1858; must, red out 
 June 30, 1858. 
 
 W. N. P. Marlin, captain; 34 men; mustered in July 15, 1858: mustered out No- 
 vember 15, 1858. 
 
 Ed Burleson, captain; J. E. McCord, first lieutenant; James Carson, eecoml lieu- 
 tenant: J. (t. Barbee, surgeon; 75 men; mustered in, between January 1 and June 1, 
 1860; nmstered out, Septendx-r 7, 1860. 
 
 John 8. Ford, captain; J. R. Gibbons, lieutenant; Aaron Burleson, lieutenant; 87 
 men; mu.stered in, November 10, 1858; mustere<l out. May 10, 1859. 
 
 W. N. P. Marlin, lieutenant- 22 men; mustered in, February 24, 1859; mustered 
 out, April 4, 1859. 
 
 J. H. Brown, captain; J. W. Nowlin, first lieutenant; .1. Y. Carmack, second lieu- 
 tenant: W. H. White, first lieutenant; J. D. Bell, second lieutenant; H. Bradford, 
 surgeon: W. E. (takes, surgeon; 77 men; mustered in June 28, 1859; mustered out 
 September 12, 1859. 
 
 The following is a list of certain volunteer compaines which operaleil against 
 Cortinas in Novend)er and Decend)er, 1859, and about which there is no rec<ird of 
 when thev were mustered in and out of service: Capt. Tobin's company, (55 men; 
 Capt. Toinlinson's company, 35 men; Capt. J. H. Hampton's company, 20 men; 
 Capt. Kennedy's, Capt. Thomphon's, C;ii)t. Littleton's, and one company in addition 
 to the above, calle<l the " Indianola ccmpany." 
 
 The muster and pay rolls as set forth in paragraph 1 are on file in the War De- 
 partment, having I ceii originally jiiacid there as a part of the claim of the State of 
 Texas for tl:e refund of monev ( xpended for the di'fense of hir frontier between the 
 years 1855 an<l 18(50. The following additional rolls. 14 in mmd)er, have been for- 
 warded to the Chief, Pension ami Hecoid Ollice, Washington, D. C, and will be 
 place<l on file in the j'eiisioii Deiiartment: 
 
10 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FEONTIEE. 
 
 John Williams's company, 113 men. Original roll Capt. John Williams's second 
 company of Texas Rangers, September 29, 1858. 
 
 Peter Tomlinson's company, 46 men. Original letter from Capt. Peter Tomlinson 
 to Gov. Sam Houston, and accompanying petition showing names of the members of 
 the company commanded by Capt. Tomlinson, January 12, 1860. 
 
 Lieut. John Scanland's company, 16 men. Original muster roll of Montague 
 County Minute Men, company of Texas Jtangers. Called into service liy Gen. Sam 
 Houston, April 7, 1860, for six months, unless sooner discharged. 
 ' Walker's Mounted Rifles, 50 men; Lovenskiold's Company Mounted Rifles. 
 Original certificate showing place and time of the organization of Walker's Mounted 
 Rifles and the officers and menjbers belonging to same. Certificate under oath of 
 commanding officer of organization, etc. Filed for record November 25, A. D. 1859, 
 at 12 o'clock m., Reuben Halbein, clerk, C. C, N. C. 
 
 Lieut. Ballentyne's detachment minute men, 15 men. Original muster roll of 
 Lieut. Ballentyne's detachment, March 29, 1860, to July 3, 1860, with original cer- 
 tificate of O. B. Mills, chief justice, B. C, July 3, A. D. 1860. 
 
 Capt. G. H. Nelson's company, 75 men, mounted militia, in the service of the 
 United States, October 10, 1857, to December 28, 1857. 
 
 Lieut. John Salmon's detachment mounted rangers, 20 men. Original monthly 
 return, the same also being an original muster roll showing the names of the officers 
 and members of said company. May 12, 1860. 
 
 Capt. William Tom's company, 54 men. Original muster roll; company organ- 
 ized October 18, 1855. Note: Reference is made to the pay rolls of the comj^anies of 
 Capts. Tom, English, and Tobin, which show the payment of this company. 
 
 Original pay roll William Tobin's company, 24 men; Levi English's company, 44 
 men; U'illiam Tom's company, 45 men; James H. Raymond, paymaster. Filed 
 July 30, 1857, and admitted for $4,394.31. 
 
 Capt. James Bourland's first company, 90 men. Original duplicate muster roll 
 Capt. Bourland's first company mounted volunteers, Texas Rangers, October 28, 1858, 
 to January 28, 1859. 
 
 Capt. James Bourland's second company, 34 men. Original muster roll Bourland's 
 second company mounted volunteers, State service, January 28, 1859, to April 28, 
 1859. . 
 
 T. J. Hale's company, 77 men. Original list of names of officers and members, 
 Texas Rangers, State volunteers, known as Uvalde Rangers, October 12, 1859. 
 
 Andrew Herron's company, 87 men. Original muster roll, November 18, 1859, to 
 January 1, 1860. Also accompanying is muster and pay roll of said company from 
 November 18, 1859, to January l,'l860. 
 
 Original muster roll Capt. G. S. Fitzhugh's company, 29 men; Texas Rangers, who 
 served from May 20 to Oc-tober 20, 1860. 
 
 Soon after publication of the circular of August 29, 1908, an old military ledger was 
 discovered in the comptroller's office, which disclosed a new claim of the State of 
 Texas for protection of her frontier against Indians and Mexican marauders, amount- 
 ing to about $184,000 in round numbers, and not included in the original claim of 
 $396,814.89, reimbursed by the United States during the years 1906 and 1908. This 
 ledger and the vouchers pertaining thereto show that the members of the following 
 companies were paid for their services during the latter part of 1859 and the first 
 part of 1860: 
 
 Cortina War: Capt. John S. Ford's company, Capt. John Littleton's company, 
 Capt. \V. D. Herron's company, Capt. Joe Walker's detachment, Capt. Joe Tomlin- 
 son's company, Capt. William Tobin's company, Capt. E. J. Hampton's company. 
 
 Indian depredations: Capt. W. C. Dalrymple's company, Capt. Connor's company, 
 Capt. Ed Burleson's company, Capt. T. J. Johnson's company, Capt. N. H. Darnell's 
 company, Capt. White's company, Capt. G. S. Fitzhugh's company, Capt. L. S. Ross's 
 company, Lieut. A. B. Burleson's company, Lieut. Salmon's company, Capt. H. W. 
 Berry's company, Lieut. Dixon Walker's company, Capt. VVm. Fitzhugh's company, 
 Lieut. W. C. Lewis'ij ]Minute Men. 
 
 The members of the above companies are not now entitled to pensions under the 
 
 Erovisions of the piTision law, owing to the fact that the Ignited States has not reim- 
 ursed the State of Texas for their services, and in order to make title it is necessary 
 to prepare a new claim as shown l)y the military ledger referred to and present the 
 same to Congress for reimbursement. In order to secure the amount paid l)y Texas 
 in the protection of the frontier against Indians and Mexican marauders, not included 
 in the original claim paid in 1906 and 1908, the thirty-first legislature at its regular 
 session enacted the following: 
 
CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIER. 11 
 
 " House Concur rent Resolution No. 12. 
 
 " Whereas there still exists an un.<ettle<l elaini of the State of Texas against the 
 United .States for protection of her frontier ajjrainst Imlian dcpn-dations and Mexican 
 marauders, fnmi Fehruary twenty-ci^'hth, eit,'hteen iunulred and fifty-live, to Decem- 
 ber tliirty-lirst, ei^'htecn huiidrcii and sixty, which, on account of not having; been dis- 
 covered until the month of .Scptcndjcr, nineteen hundreii and ci^ht, was not included 
 in the claim of Texas for three hundred and ninety-six thousand eijjht humlrcd and 
 fourteen dollars and eighty-nine cents, made up out of the amounts paid out of the sev- 
 eral appropriations by the State for protection of her frontier during the period here- 
 tofore stated, which sum was reimlnused to the State by act of Congress in the 
 general deficiency bills for the fiscal years nineteen hundred and six and nineteen 
 hundred and eight, as follows: Fifty-ninth ("ongre.xs in May, nineteen hundred and 
 six, three hundred and .>-eventy-tive thousand four hundred and eighteen tlollars and 
 ninety-five cents; Sixtieth Congress in May, ninetei-n hundred and eight, twenty-one 
 thousand three huiulreil and ninety-five dollars and ninety-tive cents; total, three 
 hundred and ninety-six thousand eight hundred and fourteen dollars an<l eighty- 
 nine cents, this being amount of the claim as originally made by the adjutant-general's 
 department, and submitted under a resolution of Congress to the Secretary of War, 
 in January, nineteen humlred and five. 
 
 "Whereas that during the time of the jneparation of the said claim, as reim- 
 bursed, there was no evidence of record obtainal)le that more than the sum of one 
 hundred ami one thousand four hundred and sixteen dollars and seventy-four cints 
 had been paid out of an appropriation of three hundred thousand dollars made by 
 the seventh legislature of Texas, approved Fel)iuary third, eighteen hundred and 
 sixty, for the protection of the frontier, and owing to that fact, only that amount out 
 of said api)ropriation was included in the original claim for three hundred and ninety- 
 six thousand eight hundred and fourteen dollars and eighty-nine cents. It was dis- 
 closed by a foot-note to the account for payments out of said appropriation of three 
 hundred thousand dollars that the sum of one hundred and ninety-eight thousand 
 three humlred and sixty-eight dollars an<l eighty-three cents was transferred to a 
 military ledger and afterwards ])aid out in accordance with an act of the seventh 
 legislature for supplies and pay of State troops called into service in the latter part 
 of the year eighteen hundred and fifty-nine, and the first part of the year eighteen 
 hundred and sixty, by (iovernor Sam Houston. 
 
 ''This military ledger was discoveretl, as heretofore stated, during the month of 
 September, nineteen hundred and eight, as well as the original vouchers covering 
 every entry in said ledger. 
 
 "Whereas, As this im.><ettle<l claim for the protection of the frontier of this State 
 is clearly established by record evidence in a sum not less than one humlred and 
 eighty-four thousand dollars; tlierefore, be it 
 
 "J\'e.iiilred hi/ till- lluuKe of J\,/iriseiitiitivei< [the Semite coneurriiig), That the governor 
 of the State be, and he is hereby, re<|uested to investigate the above facts, and if he 
 finds them true as stated, then to take such ste|is as may be necessary to collect the 
 claim, and have the amount so collected placed in the treasury of the State; be it 
 further 
 
 " /iV.«'</i v'/, That no commission or sum of money shall be i)aid by the State other 
 than the actual exjiense incurred in the prei)aration and i)resentation of the claim, 
 which shall not exceed the sum of two thousand dollars, and that the .'^aid claim 
 shall be(ollecte<l through the adjutant general's department of this State, and the 
 Texas delegation in Congress. 
 
 "Ajiproved .March 17, H)(nt." 
 
 Under the act of .Inly 27, 1892, it is required that the soldiers must have served 
 at least ."0 days in order to be entitled to pensions. Thus it will be seen that some 
 of the Texas Rangers, who served for a shorter period of time than IW days, may not 
 be entitled to pension unless they served in more than one company, which was 
 fre«|Ueiitly theca.se. From the foregfiing statement, however, it api)ears that all of 
 the companies serve<l over 80 days, with ex(eption of one. 
 
 As before stated this law simply extemls the provision of the original act of July 
 27, 1892, to the surviving Texas Rangers and the widows of Texas Rangers, who 
 8erve<l during the years l.S.Vi to 18(i(l inclusive. Under it the Rangers and widows 
 will receive >^8 and $12 per month respectively, which are maxiunnn |>ensions 
 allowed to veterans and widows of veteransof the Indian wars, linler this law the 
 pensions, if granted will stjirt from the date of the filing of the application. The law 
 is not retroactive ami neither the Rangers nor their widows will receivi- back |H'n- 
 sions from the date of tlie original act of July 27, 1892. Congress has never pa.s«ed 
 
12 CLAIM OP STATE OF TEXAS FOR DEFENSE OF THE FEONTIEE. 
 
 retroactive pension laws and all statements appearing in the ijress to the effec* that 
 the Texas Rangers will receive back pay are erroneous. 
 
 The officials of the Pension Bureau are anxious to facilitate and aid in every way 
 they can to secure ^jrompt action upon all applications for pension, but in order to 
 prevent fraud they have found it necessary to adopt certain regulations which must 
 be conformed to, and all surviving Rangers and widows of Rangers who make appli- 
 cation for pension under this act must be very careful when filling out the applica- 
 tion blank to make as few mistakes as possible in dates, as such mistakes invariably 
 entail delay and frequently result in the rejection of the application. Especially 
 should widows be careful to give the correct dates of their marriage ami death of 
 their hugbands. When discrepancies concerning dates are found in an application 
 it is sometimes quite difficult for the applicant to correct them to the satisfaction of 
 the officials of the Bureau of Pensions. 
 
 On application to the adjutant general's department the necessary blanks will be 
 furnished applicants, whose attention is called to the foregoing paragraph of this cir- 
 cular giving instructions for the preparation of the application, which can be mailed 
 to one of the United States Senators or Representatives from Texas, who will no 
 doubt take pleasure in filing it with the Commi.'-Bioner of Pensions, Washington, D. C. 
 
 Under this law all contracts made prior to its passage are canceled. 
 
 By order of the governor: 
 
 E. M. Phelps, 
 Assistant Adjutant General. 
 
 Chapter 43. 
 AN ACT Making appropriations for the protection of the frontier. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas. That the sum of three 
 hundred thousand dollars, or so much thereof as may be necessary, out of any money 
 in the treasury not otherwise appropriated, be, and the same is hereby, appropri- 
 ated for the pay and subsistence of the force which has been or may be called 
 into the service by the governor for the protection of the frontier: Provided, That 
 only so much of said appropriation shall be drawn from the treasury from time to 
 time as can be so drawn without leaving a deficit in the amount required of the 
 current revenue from time to time to pay the ordinary current expenses of the 
 government. 
 
 Sec. 2. That in case the governor shall find that there is not money enough in the 
 treasury to meet the foregoing appropriation fully as the same may be needed from 
 time to time, or that the amount of said appropriation is not sufficient to carry out 
 the provisions of this act for the protection of the frontier, then in either event he 
 shall cause only such payments to be made in cash as can not be contracted for 
 otherwise; and whenever payments are to be made upon contracts or for services 
 under said act which are not necessary cash demands, such payments shall be made 
 pro rata. It is provided, however, that the indebtedness created under this section 
 shall at no time exceed the sum of two hundred thousand dollars. The comptroller 
 of public accounts shall, under the special direction of the governor, audit and adjust 
 all claims and accounts created under the provisions of this section and certify such 
 adjustment to tiie jiarty interested, and such accounts shall be paiil as may hereafter 
 be provided l)y law. 
 
 Sec. 3. That this act shall take effect from and after its passage. 
 
 Approved, February 3, 1860. 
 
 The State of Texas, Dep.\rtment of State. 
 
 I, C. C. McDonald, secretary of state of the State of Texas, do hereby ( ertify that 
 the attached ami foregoing is a true and correct copy of sections 1, 2, and 8 of chap- 
 ter 43, acts of the Eighth Legislature of the State of' Texas, entitled "An act making 
 appropriations for the protection of the frontier," as the same appears of record in 
 the records of this department in the (jJeneral Laws of Texas, lS59-f)0, page .38. 
 
 In testimony whereof I have hereunto signed my name officrally and caused to 
 be impressed hereon the seal of State at my othce in the citv of .Vustin, Tex., this 
 the 2Ist day of June, A. I). 1911. 
 
 [seal.] C. C. McDonald, 
 
 Seirelanj of State. 
 
CLAIM OF STATE OF TEXAS FOE DEFENSE OF THE FRONTIER. 13 
 
 (iiArrEU II. 
 AN ACT For the ]iroioctiuu of the frontiiT. 
 
 Wheiv;is a stato i>f hostilities exists between the people of tiie State of Texas and 
 various linlian tribes whu inhabits the uiisi-ttled jtortioiis of tiie State and aiijaeent 
 territory— bands of said Indians liavinu' at various times within tlie last thre>' yeai-s 
 invaded our settlements, nuirdoreii our people, and earried off or destroyed their 
 ]iroperty, so that tiie frontier settlements are n-eeding before tiie invaders, and 
 our frontier counties in dantrer of depopulation; and 
 
 Whereas the Federal (ioverninent, whose duty it is ))rimarily to i)rotect the State 
 from siu'h hostilities, has not etlieiently affordeil sueh protection; and 
 
 Whereas we are continually in such imminent dan^^er of being invaded l»y said 
 hostile Indian tribes, as will not admit of delay: Therefore 
 
 Section 1. He it tiiiiclnl l>y il,e l.ci/islaliirc of the Siair of I'f.iax, That tlie governor of 
 State be, and he is hereV>y, authorized to raise and muster into the service of the 
 State a regiment of mounted men, if so many be necessary, consisting of ten com- 
 panies, or sucli smaller number as lie shall deem sutlicient to afford ellicient protec- 
 tion to the entire frontier; and onedialf of said force, at least, shall be immediately, 
 upon their organization, placed on the frontier, in such manner as to act as spies and 
 minute men. for the protection and <lefense of the settlements, as the governor may 
 think proper. Kach company shall be composed of eighty-three men, rank and file, 
 to be enlisteil for the term of twelve months, miles- sooner discharged; to be reen- 
 listed for another term of twelve months, or others taken in their place, at the expi- 
 ration of thetirst term of service. The officers of each company to be elected by the 
 men composing the same. 
 
 Sec. 2. For the command of the whole of said force the members shall elect a 
 colonel, a lieutenant colonel, and a major; and each com])any shall have one cap- 
 tain, three lieutenants, four sergeants, and four coii-orals, and one surgeon; and 
 there shall be selected from each company one of the lieutenants, to act &< quarter- 
 master ami commissary for said company, with the rank of second lieutenant; and 
 when two or more companies are acting together said lieutenants shall be acting as 
 the commanding oliicers may direct, as<iiuirtermasters, or commissaries, or adjutants; 
 and there shall al.^'o be ai>pointed, from among the men, such nonconnnissioned 
 staff as may he necessary. 
 
 Sec. .S. Said officers and men shall provide themselves with arms, horses, and all 
 accouterments and camp ecjuipage; and shall lie furnished, at the expen.se of the 
 State, in provisions, ammunition, medicines, and forage for horses when practicable ; 
 and shall receive for their services the following .sunis : The colonel, one hundred 
 ancl eighty dollars per month ; the lieutenant colonel, one hundred and fifty dollars 
 per month; the major, one hundred and twenty-five dollars jier month; the cap- 
 tains, one hundred dollars per month ; the first lieutenants, seventy-five dollars jier 
 month ; the .<econd lieutenants, sixty dollars j>er month ; sergeants, (our dollars per 
 month in aildition to pay of privates; and corporals, three dollars per month in 
 addition to pay of i>rivates: and privates shall receive twenty-five dollars per month; 
 and commissioned staff officers shall be allowed twenty dollars jier month extra to 
 the pay of their rank; and noncommissione I staff officers eight dollars per month 
 in ad<Iition to the jiay of privates; the surgeon shall be entitled to one hundred and 
 twenty dollars per month, and shall furnish his instruments, but be furnished with 
 medicines. 
 
 Sec. 4. The said force shall be employed in ranging and scouting the frontier, from 
 the most eligiltle point on the Rio Grande to Ked Kiver; and their operations shall 
 be entirely under the control of thegovernor, who shall appoint their proper ])laces 
 of rendezvous and deposit, and direct all arrangements necessary to carry out the 
 intention of this act ; an<l said force shall be subject to the rules j\nd regulations of 
 the Army of the United State.s ; and when in the o|tinion of the governor their fur- 
 ther services are not neces.«ary, may be reduced or disbande<l, or if provisions shall 
 V>e made by the Government of the I'nited States to accept the said force, in the 
 whole or in part, for the iirotection of the frontier of Texas, it shall be turned over 
 for that purpose. 
 
 Sec. 5. That this force shall be raised in such manner as the governor may direct 
 from any portion of the State, and when mustered into service shall take such posi- 
 tion on the frontier as they shall be ordered by the governor and shall operate dur- 
 ine the time they are in the service of the State under the orders of the governor. 
 
 Sec. 6. That this act take effect from its passage. 
 
 Approved, .lanuary 2, 1860. 
 
14 CLAIM OF STATE OF TEXAS FOR DEFENSE OF THE FRONTIEE. 
 
 The State of Texas, Department of State. 
 I, C. C. McDonald, secretary of state of the State of Texas, do hereby certify that 
 the attached and foregoing is a true and correct cojiy of sections 1, ?, 3, 4, 5, and 6 
 of Chapter II, Acts of the Eighth Legislature of the State of Texas, entitled "An act 
 for the protection of the frontier," as the same appears of record in the records of 
 this department in the General Laws of Texas, 1859-60, pages 13, 14, and 15. 
 
 In testimony whereof I have hereunto signed my name officially and caused to be 
 impressed hereon the seal of State at my office in the city of Austin, Tex., this the 
 21st day of June, A. D. 1911. 
 
 [seal.] C. C. McDonald, 
 
 Secretary of State. 
 
 Chapter 82. 
 
 AN ACT Authorizing unpaid warrants on the treasury to bear interest. 
 
 r Section 1. Be it enacted by the Legidature of the State of Texa», That when an account 
 shall hereafter be presented for any demand for which an appropriation has been 
 made, it shall be the duty of the comptroller to audit and allow the claim if legal, 
 and to issue his warrant for the amount, and if there be no money in the treasury to 
 pay the demand, then the comptroller shall issue his warrant upon the treasury for 
 the amount, with ten per centum per annum inteiest from date, which warrant shall 
 be countersigned by the governor, and shall be numbered and ii.dorsed by the 
 treasurer. 
 
 Sec. 2. That it shall be the duty of the treasurer on the first day of July, anno 
 Domini eighteen hundred and sixty, and every six months thereafter, to advertise 
 in three papers in different parts of the State, for presentment of any such warrants 
 as are mentioned in the first section of this act, in order of their dates and numbers, 
 and after the expiration of sixty days from such notice said warrants not presented 
 shall cease to draw interest. Said warrants shall not circulate as money, but may be 
 assigned. 
 ^ Sec. 3. That this act take effect and be in force from and after its passage. 
 
 Approved, February 14, 1860. 
 
 The State of Texas, Department of State. 
 
 I, C. C. McDonald, secretary of state of the State of Texas, do hereby certify that 
 the attached and foregoing is a true and correct copy of sections 1, 2, and 3 of chap- 
 ter 82, acts of the Eighth Legislature of the State of Texas, entitled "An act authoriz- 
 ing unpaid warrants on the treasury to bear interest," as the same appears of record 
 in the records of this department in the General Laws of Texas, 1859-60, pages 115 
 and 116. 
 
 i In testimony whereof, I have hereunto signed my name officially and caused to 
 be impressed hereon the seal of State at my office in the city of Austin, Tex., this 
 the 21st day of June, A. D. 1911. 
 
 [seal.] C. C. McDonald, 
 
 Sea-etary of State. 
 
 o 
 
1 
 
HBRftRY OF CONGRESS 
 
 014 645 577 3 
 
 I