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 62t> C0NGRK8S, I HOUSE OF EEPF.ESENTATIVES. J Document. 
 2d Session. ] { No. 551. 
 
 /^^A -oevierc^J^c ^r^c. 
 
 CLAIM OF THE STATE OF TEXAS. r .,^ 
 
 LETTER 
 
 THE ACTING SECRETARY OF WAR, 
 
 TRANSMITTING 
 
 A REPORT OF THE RESULT OF AN INVESTIGATION MADE BY THE 
 ADJUTANT GENERAL OF THE ARMY AS TO THE SUMS OF MONEY 
 ACTUALLY EXPENDED BY THE STATE OF TEXAS BETWEEN 1855 
 AND 1860, IN PAYMENT OF STATE VOLUNTEERS, ETC. 
 
 February 19, 1912. — Referred to the Committee on Military Affairs and ordered to 
 
 be printed. 
 
 March 2, 1912. — Committee on Military Affairs discharged, referred to Committee 
 
 on Appropriations, and ordered to be printed. 
 
 War Department, 
 
 Washington, February 17, 1912. 
 Sir: 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, contains Ihe 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 28, 1855, and June 21, 1860, in 
 payment of State A'olunteers 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. 
 
 Addi iio.NAL 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 
 Feoruary 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 summary 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 question. 
 
 It appears from papers presented to the Senate by Mr. Culberson 
 and prmted as Senate Document No. 67, Sixty-second Congress, first 
 session, that additional records containing evidence of payments not 
 included in the report of January 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 this claim. The facts in the case 
 having been brought to the attention of the Secretary of War, he 
 held, 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 rehed 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 
 submitted to the War Department original records and papers in 
 support of the additional claim for reimbursement for money expended 
 in the 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 foUows: 
 
 1. An appropriation of $4,000, made January 13, 1858, and desig- 
 nated by the State comptroUer as appropriation " 6-M." 
 
 2. An appropriation of S25,000, made February 8, 1861, and 
 designated by 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."
 
 CLAIM OF THE STATE OF TEXAS. 3 
 
 The additional claim of the State of Texas, as stated in Senate 
 Document No. 67, Sixty-second Congress, first session, before referred 
 to, is as follows: 
 
 Balance of appropriation of Feb. 3, 1860, expended between June 6, 1860, 
 and Mar. 4, 1861 - . $179, 434. 17 
 
 Appropriation of January, 1857, for payment of three companies of min- 
 utenien 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: 
 
 Appropriation of Jan. 13, 1858 (desiariated "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 
 
 evidently 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. 
 
 n^Sansom, J. M. Davenport, and E,. W. Black. A certified copy of an 
 
 •j act of the legislature of Texas, approved February 13, 1858, entitled 
 
 i^"An act to provide for the payment of three companies of minutemen 
 
 1 commanded by John W. Sansom, John D. Davenport, and Reading 
 
 IrW. Black," shows that the State appropriated $4,000, or so much 
 ■ thereof as might be necessary, for the payment of those companies of 
 f 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, 
 , purporting to contain, in addition to other accounts, the state- 
 t ments of accounts under the appropriation of $4,000 (designated 
 , "6-M"), and of $25,000 (designated ''77-P"), before referred to. 
 I Duly authenticated copies of those statements of accounts accompany 
 • this report as Exhibit A and Exliibit 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 oflicial, including those paid from the appropriation 
 "6-M" and "77-P/' before referred to. 
 
 ) (c) The original register of the comptroller of the State of Texas, 
 ^purporting to be a "register of 10 per cent treasury warrants" cover- 
 j mg the period from June 6, 1860 (the date of the first warrant issued), 
 ] to January 10, 1862, both dates included. Accompan3dng and in 
 'Support of this record there were submitted vouchers Nos. 1 to 210 
 
 -7 /" {_ ■----■•; e^ -a
 
 4 CLAIM OF THE STATE OF TEXAS. 
 
 and 311 to 615, with the exception of Nos. 161, 181, 184, 185, 194, 
 216, 436, 460, 497, 533, 554, and 575, wliich, together vnth Nos. 220 
 to 310, inclusive, 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 '43-0.'' 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 March 4, 1861, 
 inclusive (covering warrants Nos. 1 to 1428), accompanies tliis 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 desisr- 
 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 $4,000, and of the State act of February 8, 1861, 
 appropriating $25,000. Those certified copies accompany this report 
 as Exhibit D and Exhibit E, respectively. The act of February 3, 
 1860, appropriating $300,000 (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, Sixty-second Congress, first session. Copies 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 treasurv warrants 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 tliis account is 
 extracted is a record of the office of the wState comptroller, who was 
 the official charged with dra\nng and issuing warrants on the 
 State treasur}', his account is believed to be the best record now 
 obtainable of payments made on account of the appropriation 
 under consideration. 
 
 By reference to the State act making the appropriation and to 
 Exhibit B, it w\l\ be seen that the appropriation of $25,000 (desig- 
 nated ''77-P") was made February 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 the 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 official charged with drawing and issuing 
 warrants on the State treasury and, as stated above, that record is
 
 CLAIM OF THE STATE OF TRXAS. 5 
 
 believed to be the best record now obtainable of payinenis made on 
 account of the appropriation under consideration. 
 
 By reference to the last page (Exhibit C) of the account of expendi- 
 tures from the balance of this S300,000 appropriation (13-0), it wil' 
 be seen that the total expenditures on that account up to and includ- 
 ing March 4, 1861, appear to have amounted to $179,434.17, which 
 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 amount $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 v/arrants ($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 w^ere requested 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 pa3^ment 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 show^s, in addition to a description of the 
 warrants, the "date of payment," "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, 18G5, inclusive, 981 warrants 125, 552. 86 
 
 No payment shown, 435 warrants 47, 422. 91 
 
 Total, 1,434 warrants 175, 898. 34 
 
 The difference between the number of the w^arrants (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 whom 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, sliow in suiae caaes that the payment was made "by inyestr 
 ment;" tliat 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," ^\dth those in the "register of treasury warrants bear- 
 ing 10 per cent interest, numberedvand 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 chsbursement of the money, 
 is accepted as the best record now obtainable of payments 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 appear. If this 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, apphes 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, equipments, ordnance stores, and other expenses. It is 
 Eossible, however, that the expression "in payment of" may have 
 een intended by Congress to mean in payment of all of the expenses 
 of the troops in question, including both pay allowances and other 
 proper miUtary 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- 
 mary 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 Tt^xas is submitted: 
 
 Summary. 
 
 
 Comptrol- 
 ler's desig- 
 nation of 
 appropria- 
 tion. 
 
 Amount 
 appropri- 
 ated. 
 
 Amount paid. 
 
 State act. 
 
 To and in- 
 cluding 
 Mar. 4, 1S61, 
 
 10 per cent 
 Treasury war- 
 rants issued on 
 or before Mar. 
 4, 1861, but not 
 redeemed until 
 
 afterwards. 
 
 Treasury war- 
 rants issued on 
 or before Mar. 
 4, 1861, but no 
 evidence of re- 
 demption sub- 
 mitted. 
 
 Total. 
 
 Jan. 13, 1858 
 
 6-M 
 77-P 
 13-0 
 
 $4,000.00 
 
 25,000.00 
 
 1198,573.26 
 
 $4,000.00 
 18,730.46 
 2,922.57 
 
 
 
 $4,000.00 
 
 Feb. 8, 1861 
 
 
 
 18,730.46 
 175 898 34 
 
 Feb. 3, I860 
 
 $125,552.86 
 
 $47,422.91 
 
 
 
 Totai 
 
 
 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. 7 
 
 It appears, therefore, that if the issue of the 10 per cent treasuiy 
 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 claun is $217,093.39. 
 
 If only the warrants shown to have been redeemed are to be in- 
 cluded in 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 furthef 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, leaving $25,993.75 as the total amount of 
 this claim. 
 
 Respectfully 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 2G. To Noill Robinson 12149. 
 
 do 12150. 
 
 Aug. 31 do 1253G. 
 
 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. 6. To S. M. Swenson 17030.. 19,193.72 
 
 To Norman Miller 17031 . . 651. 75 
 
 13. To Wash Hammett 17039. . 225. 00 
 
 22. To J. A. Goodlett 170C8.. 243.25 
 
 27. To Phelps & Prince 17072.. 100.00 
 
 ToS. M. Swenson 17077.. 8,115.00 
 
 To E. Hardin & Co 17079.. 62.50 
 
 do 17080. . 139. 24 
 
 Mar. 6. To Jo. Walker 17125.. 600.00 
 
 June 10. To S. M. Swenson 17822.. 2,271.70 
 
 Aug. 31. Tobalance 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. Bybalance 3,397.84 
 
 1862. 
 Jan. 21. By dep. warrant 4559. . 345. 10 
 
 3,742.94 
 
 1862. 
 Aug. 31. Bybalance 3,637.94
 
 CLAIM OF THE STATE OF TEXAS. 
 
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 cocococoMMcococccocococor*coooooi-Hi-)i-Hi-Hi-Hi-ii-Hi-4.-ic^c*^cs»MC^eQMwc<» 
 
 I
 
 CLAIM OF THE STATE VF TEXAb. 
 
 31 
 
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 32 
 
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 II
 
 CLAIM Oi-' llii: olAli: Ui" TEXAS. 
 
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 H. Doc. 551, 62-2-
 
 34 
 
 CLAIM or THE STATE 01' TEXAS. 
 
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 36 
 
 CIAIM Oi^ THE bTATE OF TEXAS. 
 
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 I
 
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 37 
 
 
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 c^ooa!»ocoocociooo:ccoci 
 
 
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 448761
 
 38 
 
 CLAIM UF THE tilATK Ul' TEXAS. 
 
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 40 
 
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 42 
 
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 63 
 
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 67 
 
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 I
 
 CLAIM OF THE STATE OF TEXAS. 61 
 
 Exhibit D. 
 CHAPTER 138. 
 
 AN ACT To provide for the payment of three companies of minute men , comraandcdiby Captains John W. 
 
 Sansom, John D. Davenport, and Reading vV. 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 officers 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 retnrn 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 hiis company, 
 properly authenticated to tne 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, 
 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, 3, 4, and 5, chap- 
 ter 138, 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 hy 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 supplie.'^ 
 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
 
 G2 CLAIM OF THE STATE OF TEXAS. 
 
 said bonds to be paid out at their common market value, and the amount so paid shall 
 become a charge against the State, and be returned to the iiniversity fund without 
 interest whenever the 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 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 F. 
 (Senate Document No. 169, Fifty-ninth 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 provi:^ion: 
 
 "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-eiglith, 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 fi-ontier of that State against 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. 
 Verv respectfullv, 
 
 W. H. Taft, 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 OF 
 STATE VOLUNTEERS OR RANGERS IN SERVICE IN DEFENSE OF THE FRONTIER OF 
 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 
 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 depre- 
 dations, for which reimbursement has not been made 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 been 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 Congress 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 thi.s 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 depaitment 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 different sums appropriatecl 
 l)y the State of Texas for protection against the Indians, and now remaining unpaid 
 liY 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 G, 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 
 
 Amount 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 support 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 
 hundred and fifty-four, for three months: Provided, 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. " (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 $25,000 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 
 Military 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 be 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 pajTuent 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 cf March 3, 1859, hereinbefore cited. 
 
 The secretary of state of Texas was advised by the Secretarj^ 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 
 Bustained 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. 
 
 "The 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 yoiu* 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 authority, 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 of 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 that 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 
 War "to inform this House why the money appropriated under the acts of Congress 
 March 3, 1859, 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 House 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 November 16, 1871, 
 from the Secretary 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 was 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 Documents Nos. 127-137, pages 140-145, of Executive Docu- 
 ment No. 277, referred to above. The abstracts submitted with the claim substitute 
 the amoimt .1152,274.66 (the amount paid from State appropriations) for the $184,544.51 
 (the amount appropriated 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 
 $13,354.77 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 H. 
 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 April 30, 1872, "in accordance with 
 the request of its Subcommittee on Appropriations" 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, Forty-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 November 1, 1854, and some time in September, 1860, for the purpose 
 of suppressing 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.
 
 CLiUM OF THE STATE OF TEXAS. 65 
 
 In his examination of the rolls and vouchers submit tod 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 summarv, in which he recommends that $05,942.05 
 be allowed, $24,915.54 suspended, and $132,286.30 disallowed. In order that this 
 tabular statement might not be misconstrued, 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 'synopsis,' is the sum 
 of the first two items for the troops of class 1 , and that the balance, viz, $202,918.54, was 
 
 Said on account of troops or rangers, for the employment or support of which the 
 'nited 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 Congress. 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 fir^t 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 
 bv the State of Texas for 'frontier protection, '" for troops called out subsequentlv 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, J882, 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 
 Secretaiy 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 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." 
 
 The Secretary 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 apnears 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 reimburse 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 reimbursing 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. 750786]. The Secretary's reply is printed in Senate 
 1 Executive Document No. 19, Forty-fifth Congress, second session. That document 
 lilso contains a reprint of Executive Document No. 277, House of Representatives, 
 iForty-second Congress, second session, and Executive Document No. 14, House of 
 Representatives, Forty-fourth Congress, second session, to which documents the atten- 
 jion of the committee was invited by the Secretary of War. This bill (S. 165) also 
 'ailed 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 
 i[Tnited States, and requested — 
 
 H. Doc. 551, 62-2 5
 
 66 CLAIM OF THE STATE OF TEXAS. 
 
 "all the information and facts shown by the records, or know-n in your department, 
 touching the claim of each State of the Union against the United States, the nimiber 
 of such claims, the character and amount of each, what action has been taken in rela- 
 tion to each, and the Adews of your department as to the propriety of the passage of 
 the bill. (610 W. D., 1S80, with R. and P. 750786.)" 
 
 In reply to this inquiry the Secretary of War transmitted to the Senate, under date 
 of February 6, ISSO— 
 
 "a report prepared by First Lieut. Thomas H. Bradley, Twenty-first Infantr\', exam- 
 iner of State claims in this office, which expresses the yiews of this department upon 
 the subject." 
 
 This report, with the accompanying documents, is printed in Senate Executive 
 Document No. 74, Forty-sixth Congress, second session. 
 
 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 supporting State troops employed on account of 
 Indian wars, and so forth. The character of these claims may be ascertained by a 
 reference to Senate Executive 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 reimbiu-sement of the last-mentioned amoimt($202,- 
 918.54), or a recognition of the services of the men to whom it was paid, will be the 
 commencement of a responsibilitj' of which the end — though it may be made to 
 appear in the case of the State of Texas — can not be foreseen so far as the United 
 States Government may be concerned. 
 
 * * * » * * * 
 
 " 'The second class of claims, namely, those for repelling Indian invasions and 
 employment of irregular troops, so far as reported at present, amount to $1,705,094.35. 
 Of this sum Texas claims .§1,536,487.62, and Florida claims $168,606.73.' " 
 
 No legislation in the interest of the State of Texas resulted from this report. 
 
 This claim M^as again brought to the attention of the United States in 1889 by Hon. 
 Joseph D. Sayers, then a Representative in Congress from the State' of Texas. Under 
 date of August 5, 1889, he wrote to the Secretary of the Treasury with regard to the 
 matter. Following is a copy of that letter and the indorsements thereon, which show 
 the action of the Treasury Department on the case: 
 
 Bastrop, Tex., Augusts, 1889. 
 Dear Sir: At the request of the governor of Texas, I write to ask that you will inform 
 me as to the status of the claim of Texas for reimbui-sement for moneys paid out for 
 frontier defense under acts of Congress of March 3, 1859, and June 21, 1860. In pur- 
 suance of these acts the State of Texas endeavored to establish her claim, but failed to 
 secure its payment. You will oblige me by furnishing me, so far as the books of the 
 Treasiu-y and the papers on file will show, a full and succinct statement of what has 
 been done in the premises, and also what debits and credits, if any, have been made. 
 Very respectfully, your obedient servant, 
 
 Joseph D. Sayers, 
 Member of Congress, Texas. 
 The Secretary of the Treasury. 
 
 Treasury Department, August 13, 1889. 
 Respectfully referred to the honorable third auditor for report. 
 
 Geo. S. I^atcheller, 
 
 Assistant Secretary. 
 
 Treasury Department, Third Auditor's Office, 
 
 August 16, 1889. 
 Respectfully returned to the honorable Secretary of the Treasury, with the infor- 
 mation that the claim referred to within is not on file in this office. The acts men- 
 tioned by the ^vriter confer authority solely upon the Secretary of War to reimburse 
 the State of Texas for moneys advanced by that State in payment of volunteers called 
 out in defense of the frontier. A report upon this subject was submitted by the Secre- 
 tary of \A'ar to the Senate February 6, 1880. (Vide Ex. Doc. 74, 46th Cong., 2d sess.) 
 I presume the papers representing the claim are on the files of the ^^"ar Department. 
 
 Jno. S. Williams, Auditor.
 
 CLAIAL OF THE kSTATE OF TKXAS. 67 
 
 Treasury Department, Augxist 17, 1889. 
 Respectfully referred to the honorable second auditor for any information the 
 records of his ofiice may afford in this case. 
 
 Geo. S. Batcheller, 
 
 Acting Secretary. 
 
 Treasury Department, Second Auditor's Office, 
 
 August 22, 1889. 
 Respectfully returned to the honorable Secretary of the Trea,«ury. 
 The claim of the State of Texas for reimbursement of moneys expended for frontier 
 defense, 1855 to 1861, has never been audited, and therefore no charges or credits have 
 been made. Full information in regard to said claim will be found in the reports 
 submitted to Congi-ess by the Secretary of War April 30, 1872, and February (J, 1880, 
 which are printed as House Executive Document No. 277, Forty-second Congress, 
 second ses?ion, and Senate Executive Document, Forty-sixth Congress, second session, 
 respectively. I suggest that the Secretary of War can best give the present status of 
 the claim in question, as all papers in the case filed in this ofH.e were returned to him, 
 by his request, February 13, 1872, as appears by the second auditor's letter of that date, 
 a copy of which is inclosed. 
 
 J. H. Franklin, Acting Auditor. 
 
 Trea.sury Department, August 23, 1889. 
 Respectfully referred to the honorable Secretary of War. 
 Mr. Sayers has been informed of this reference. 
 
 Geo. S. Batcheller, Acting Secretary. 
 
 On the same date (Aug. 5, 1899) Representative Sayers wrote to the Secretary of 
 War on the same subject. Following is a copy of that letter and the indorsements 
 thereon, which show tlie action of the War Department on the case: 
 
 Bastrop, Tex., August'5, 1889. 
 
 Dear Sir: Respectfully inviting your attention to the acts of Congress of March 3, 
 1859, and June 21, 18G0, I have to request that you will cause me to be furnished 
 with a full and complete statement of the present status of the claim presented by the 
 State of Texas for reimbursement for moneys paid out for frontier defense in pursu- 
 ance of said acts. 
 
 I am aware that Lieut. Thomas H. Bradley, United States Army, did on the 27th 
 iiLiy of April, 1872, make a report to the Secretary of War upon this claim, but it is 
 lioiieved that a thorough and fair analysis of the report clearly shows that his con- 
 ( lusions were not ba.sed 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 whomever 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 respectfully, your obedient servant, 
 
 Joseph D. Sayers, 
 Member of Congress, Texas. 
 
 The Secretary of War. 
 
 War Department, Examiners State War Claims, 
 
 Washington, D. C, August n, 1889. 
 
 The letter of the Hon. J. D. Sayers, with reference to the Texas claims for war 
 expenses prior to 18G1, 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, and have 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 respectfully, James Biddle, 
 
 Lieutenant Colonel Fifth Cavalry, Senior Examiner.
 
 68 CLAIM OF THE STATE OF TEXAS. 
 
 War Department, December 13, 18S9. 
 The papers in the claim of the State of Texas, under the acts of March 3, 1859, and 
 June 21, 1860, are herewith respectfully referred to the Third Auditor of the Treas- 
 ury for such action as the accounting officers of the Treasury may deem proper under 
 section 236 of the Revised Statutes and the laws applicable to appropriations carried 
 to the surplus fund. 
 
 Hon. Mr. Sayers has this day been advised of this action, press copy of letter 
 herewith. 
 
 E,EDFiELD Proctor, Secretary of War. 
 
 The letter to Hon. Mr. Sayers, to which reference is made in the last indorsement 
 quoted above, read as follows: 
 
 War Department, 
 Washington City, December IS, 1889. 
 
 Sir: I have the honor to acknowledge receipt of your request of August 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 Stat. L., 68), for moneys 
 paid out for frontier defense; that the case be reopened by the War Department, 
 and that the Slate 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 Secretary of the Treasury. 
 
 Replying to the same, I have to invite your attention to the document herewith, 
 Senate No. 19, Forty-fifth Congress, second session, which appears to contain a full 
 statement of the claim and of the 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 the late rebellion. 
 
 The amount, $123,544.51, appropriated for payment of the claim by section 6 of 
 tJie act of June 21, 1860 (12 Stat. L., 68), was, under section 10 of the act of August 
 31, 1852 (iO Stat. L., 98), considered to have "ceased 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 presented in 1871 ; was examined in this department, and the 
 report of the examining officer 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, Redpield Proctor, 
 
 Secretary of War. 
 
 Hon. Joseph D. Sayers, 
 
 House of Representatives. 
 
 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 invite attention to indorsement by the Secretary of War, December 13, 1889, 
 transmitting the case to this office, also to the views expressed 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- 
 siders (see letter to Mr. Sayers) that all authority conferred by the two acts upon the 
 Secretary of War 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. 69 
 
 If tlie two acts had conferred upon the Treasury Departinent 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 destro\ed 
 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. Tiie 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 authority of its law. 
 
 The act of a State olficer in calliug 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 woulc^be right for the United States 
 to lift the burden 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 ofhrer 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 re])ort printed in Executive Document No. 
 277, House of Representatives, Forty-second Congress, .second session. 
 
 Under date of February 19, 1890, Hon. Joseph D. Savers 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 re'port upon this claim was made by a single officer and, in my opinion, is 
 clearly unjust to the State of Texas, and 1 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 serv^ant, 
 
 Joseph D. Saters, 
 Member of Congress, Texas. 
 The Secretary op War. 
 
 Treasury Department, Second Comptroller's Office, 
 
 Washington, D. 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."
 
 '0 CLAIM OF THE STATE OF TEXAS. 
 
 I 
 
 F li:ivp also In inform you that the accounting officers of the Treasury have no juris- 
 diction to consider, settle, and certify said claims. 
 
 The papers and vouchers in said claims have been returned to the honorable third 
 auditor with the request that he return them to the honorable Secretary of War for 
 such disposition of them as he shall deem proper. 
 
 Very respectfully, B. F. Gilkeson, 
 
 Corajptroller . 
 Hon. Joseph D. Sayers, 
 
 House of Representatives, Washington. 
 
 The case was referred to the Acting Judge Advocate General for report. He retm-ned 
 it by indorsement, as follows: 
 
 War Department, 
 Judge Advocate General's Office, 
 
 Washington, D. C, February 26, 1890. 
 
 Respectfully retm-ned to the Secretary of War. 
 
 In reference to the claims of the State of Texas under acts of March 3, 1859, and 
 June 21, 1860, which were reported upon under the direction of the Secretary of War 
 in 1871, Hon. Joseph D. Sayers asks the Secretai-y of War to cause a reexaminalion 
 of them to be made by a board of officers, with directions to report thereon, and he 
 assigned as a reason for his request I hat, 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 number of congressional documents in connection with proposed measures 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 jiu-isdiction of the War 
 Department in the premises is exhausted and that therefore, without authority fi'om 
 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, replying to the letter of Hon. Joseph D. Sayers, wrote as 
 follows : 
 
 War Department, 
 Washington, February 27, 1890. 
 
 Sir: Referring to this department's letter to you dated December 13, 1889, and 
 replying to yoiu-s of Februarv 19, 1890, both concerning the claim of the State of Texas 
 under the acts of March 3, "1859 (11 Stat., 431), and June 21, 1860 (12 Stat., 68), I 
 herewith inclose a copy of the decisions of the third auditor and second comptroller, 
 dated, respectively, December 21, 1889, and February 11, 1890, in the matter. I also 
 append the report 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 Secretai-y 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 report thereon, and he 
 assigns as a reason for his request 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 the Hon. J. D. Sayers complains, has 
 been submitted to both branches of Congress and is found in a number of congressional 
 docinnents in connection with proposed measures 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 the Hon. J. D. Sayers." 
 
 It appears from the decision of the accounting 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 case wherever located, and in view thereof and of the above 
 report of the judge advocate, the department is of opinion that the case must await 
 the action of Congress. 
 
 Respectfully, Redpield Proctor, 
 
 Secretary of War. 
 
 Hon. Joseph D. Sayers, 
 
 House of Representatives.
 
 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 monev 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 amounted 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 State of Texas for money advanced for the pavment 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 claimed was actually paid by the said State," and "that "compensa- 
 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 Military 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 knoi^-n in your department, 
 touching the claim of each State of the Union against the United States, the ntmiber 
 of such claims, the character and amount of each, what action had been taken in 
 relation to each, and the views of your 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 W^ar 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 
 tlie 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 sev- 
 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. Beit enactedby the Legislature of the State of Texas, That the following sums 
 be, and the same are hereby, appropriated to pay the expenses of the company of vol- 
 unteers commanded by Capt. James H. Callahan, which was called into the service of 
 the State by his excellency the governor for the protection of the frontier, and for tlie 
 volunteers who went to his aid under command of Captains Benton and Henry, viz: 
 For pay, mileage, subsistence, forage, &c., including pay of surgeon forCapt. 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 thousand seven himdred (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 avithorized 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 i f 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 returu thereof to the comptroller, and it shall be the duty of said person thus 
 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 of the same for the 
 benefit of the State according to such directions as may be given to him by the governor, 
 making a due return thereof to the governor. 
 
 Sec. 3. That the paymaster so appointed is hereby authorized to examine and pay 
 such amounts for quartei'master's stores, camp and garrison equipage, ordnance storo-s, 
 forage, transportation, one surgeon's medicines, &c., as may 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 tlie \'ahie 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 the above 2nd section. 
 
 Sec. 5. That the governor be 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 effect from and after its passage. 
 
 Approved December 17th, 1855. 
 
 Department of St.\te. 
 st.\te 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 Cliapter 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 service," as same appears on 
 page 6 of the General Laws of the sixth legislature now on file in this office. 
 
 In testimony whereof I have liereunto signed my name officially and caused to be 
 impressed thereon 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. 
 
 [Chapter XX.] 
 
 an act To provide for the payment of six companies of mounted volunteers that were mustered into the 
 service of the State of Te.xas on the first day of November, A. D. 1854, under a requisition of Brevet 
 Major General Pcrsifor F. Smith, and to pay the expenses incurred by said companies. 
 
 Section 1. Be it enacted fey the 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 volunteers mustered into the service 
 of the State of Texas on the first day of Novemljer, A. D. 1854, shall be entitled to 
 pay for tliree months' service therein. 
 
 Sec. 2. That the monthly pay of the commissioned officers, noncommissioned 
 officers, farrier, musicians, blacksmiths, and privates shall be the same as that sub- 
 sequently paid Ijy the 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 this act shall he made to his executors or administrators, and if the said dece- 
 dent should have no administrator, payment of the amount due him shall he made 
 to the father, or mother, or legal representatives of said decedent, upon certificate 
 of the chief justice of the county from which said decedent volunteered, that no 
 administration had been had upon the said estate. 
 
 Sec 4. I'hat each and every one of the persons appointed 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, be, and the same is hereby, appropriated for the payment of the balance of 
 accounts contracted by the said six companies which remain unpaid out of the appro- 
 priation made by the Congress of the United States for that purj)ose. 
 
 Sec 6. That the additional sum of fifty-five thousand dollars, or so much thereof j 
 as may be necessary, be, and the same is hereby, appropriated, out of any monies in :
 
 CLAIM OF THE STATE OF TEXAS. 73 
 
 the treasury not otherwise appropriated, for the purpose of carrying the provisions 
 of this act into effect. 
 
 yEC. 7. That the governor of the State of Texas shall appoint some suitalile person 
 to receive said appropriations from the treasurer of the State, and to pay out the 
 same to the persons entitled^ thereto, and the person so appointed shall enter into 
 bond with one or more sureties for the faithful performance of his duties, and shall 
 be entitled to receive such compensation therefor as the governor shall think right 
 and proper, to be paid out of said appropriation. 
 
 Sec. 8. That said disliursing agent shall be authorized to pay, out of the appropria- 
 tion made by the sixth section of this act, any account duly certified by 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 j)er day be 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, 1856. 
 
 Department op State, 
 state op 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 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 .November, 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 be 
 impressed hereon the seal of State, at my office, in the city of Austin, Tex., this the 
 Cth day of January, A. D. 1906. 
 
 [seal.] 0. K. Shannon, Secretary of State. 
 
 [Chapter CXLVIII.] 
 
 AN ACT Providing for the payment of the companies of mounted volunteers commanded 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-fom- cente be, and the same ie 
 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 for 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, 
 tiiree sergeants, three corporals, and forty-two privates, and that the sum of three 
 lumdred and sixty dollars be paid to the noncommissioned officers and privates for 
 Iheir forage and subsistence. 
 
 Sec. 3. That the sum of seven hundred and fifty-five dollars and sixty-seven cente 
 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 governor 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'e, 
 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 ofhcers, noncommissioned 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 services in making 
 said payment, with all other expenses and labors incident to the same, in any manner 
 whatever. 
 
 Sec. 6. That the treasurer of this State is hereby authorized and required to pay the 
 sum of four thousand nine hundred and ninety-eight dollars and twenty-seven cents 
 over to the paym.aster 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 op 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 moiinted 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 
 impressed hereon the seal of State, at my office in the city of Austin, Tex., this the 
 Gth day of January, A. D. 1906. 
 
 [seal.] O. K. Shannon, Secretary of State. 
 
 [Chapter 22.] 
 
 AN ACT To provide for the payment of a company of mounted volunteers called into service by the 
 governor for the protection of those engaged in transporting goods and merchandise over the road from 
 San Antonio to the Gulf. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of six- 
 teen thousand dollar8,'or so much thereof as may be necessary, be, and the same is 
 hereby, appropriated for the payment 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 company, 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 appointed by the governor, 
 who shall make such payment at the city of San Antonio, according to the rates 
 allowed by the LTnited 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 treasury not otherwise 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- 
 ditioned for the faithful performance of his duty.
 
 CLAIM or THE STATE OF TEXAS. 75 
 
 Sec. 5. That the governor bo, and he is hereby, authorized to retain said company 
 ill the service of the State for such longer time as he Bhall 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 op State, 
 state of texas. 
 
 I, 0. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
 rhe attached and foregoing is f 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 oflSee in the city of Austin, Tex., this the 
 ^ 6th day of January, A. D. 1906. 
 
 [seal.] O. K. Shannon, Secretary of State. 
 
 [Chapter 2.] 
 
 JOINT RESOLUTION Authorizing 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 from 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 
 a;5 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 
 tlie 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 m.oney in the treasiu-y 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 theh passage. 
 '■ ~ Approved November 17, 1857. 
 
 Department of State. 
 
 state op 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 I'aise and muster into the service of the State 
 moimted men for the protection of the frontier," as same appears on page 266 of the 
 General Laws of the Seventh Legislatm-e, now on file in this office. 
 
 In testimony whereof, I have hereunto signed my name officially and caused to 
 1)0 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 65.] 
 
 AN ACT For the better protection of the frontier. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the governor is 
 hereby authorized and required to call into service one hundred mounted vohmteers, 
 in addition to the force now in service, for the term of six months, unless sooner dis- 
 rliarged, and all said force may be continued in service for any length of time if the 
 safety of the frontier require it.
 
 76 CLAIM OF THE STATE OF TEXAS. 
 
 Sec. 2. Tliat the governor may appoint a person experienced in such service, vrith 
 the rank of senior captain, to command all the forces of the State so enrolled and 
 superintend the protection of the frontier. 
 
 Sec. '6. That the governor shall direct the organization and equipment of all the 
 forces on the frontier and make such regulations as are necessary and most expe- 
 dient for the protection of the frontier, and the officers 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 authorized to appoint a person to act as quartermaster 
 and paymaster to facilitate operations, who shall give sufficient bonds and security, 
 to be approved by the governor. 
 
 Sec. 4. That the volunteers raised in Bosque County since first of January, 1858, 
 may be 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 be discharged. 
 
 Sec. 6. That in the event of a contiunation 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 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 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 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 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 John 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 Texan, 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 governor 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. 
 
 Department of State. 
 
 state of TEXAS. 
 
 I, 0. K. Shannon, secretary of state of the State of Texas, do hereby certify that jg 
 the attached and foregoing is a true copy of chapter 19 of an act entitled "An act toll 
 provide for the pay and subsistence of the troops called out by the governor of the ill 
 State, under the command of John S. Ford, James Bourland, and John Henry Brown; 
 
 I
 
 CLAIM OF THE STATE OF TEXAS. 77 
 
 j 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 my office in the city of Austin, Tex., this the 
 6th day of January, A. D. 1906. 
 [seal.] 0. K. SuANNON, Secretary of State. 
 
 [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, John Henry Brown, and 
 James Bourland. 
 
 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 suj^port of the ranging companies commanded by ('a p- 
 i 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 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 49 of an act entitled "An act to 
 
 ' appropriate the simi 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.] 0. 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 
 incurred 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 proAdded 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. 
 
 Depaetment of State, 
 
 state of TEXAS. 
 
 I, O. K. Shannon, secretary of state of the State of Texas, do hereby certify that 
 I the attached and foregoing is a true copy of chapter 20 of an act entitled "An act 
 ippropriating ten thousand dollars, or so much thereof as may be necessary to pay 
 the 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 
 3th day of January, A. D. 1906. 
 
 [seal.] O. K. Shannon, Secretary of State.
 
 78 CLAIM OF THE STATE OF TEXAS. 1 
 
 [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, 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 
 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 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 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 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 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 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 of State, 
 state of texas. 
 
 I, O. K. Shannon, secretary of state of the State of Texa"?, 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 testimony whereof I have hereunto signed my name officially and caused to bo 
 impressed hereon the seal of State, at my oiuce in the city of Austin, Tex., this tlie 
 6th day of January, A. D. 1906. 
 
 [seal.] 0. K. Shannon, Secretary of State. 
 
 [Chapter 71.] 
 AN ACT To provide for the payment of supplies fiirnishe :i 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 hereby appropriated to pay for the necessary sup- 
 plies furnished to Capt. John 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 bo paid first: And provided further. That no 
 money shall be paid under the provisions of this act unless 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 him 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.
 
 CLAIM OF THE STATE OF TEXAS. 79 
 
 Department op State, 
 state of texas. 
 
 I, O. K. Shannon, secretary of state of the State of Texa", do hereby certify that 
 the attached and foregoing is a true copy of chapter 71 of an act entitled "An act to 
 provide for the payment of supplies furnished to ('apt. John Williams's company of 
 rangers," as same appears on page 86 of the general laws of the eighth legislature, 
 now on file in this ofhce. 
 
 In testimony whereof I have hereunto signed my name ofBcially 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. 
 
 \ 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 
 I the attached and foregoing is a true copy of a portion of section 1 of chapter 81 of an 
 I act entitled "An act making appropriations 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 oliice. 
 
 In testimony whereof I have hereunto signed my name officially and caused to be 
 inipre.-!sed 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. 
 
 There has also been submitted to the War 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 of america. 
 
 War Department, 
 Washington, January 26, 1006. 
 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, U. 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 fuW 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 afiixed 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 unckr Capts. Callahan, Benlon, and Henry. 
 
 Dr. 
 
 1S56. 
 
 Jan. 4. John D. Pitts 8774.. $16,091.12 
 
 Cr. 
 
 By appropriation $16, 091. 12 
 
 1858. 
 
 Mar. 1. By deposit, warrant No. 3329. 520. 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 
 
 18,58. 
 
 Mar. 1. By deposit, warrant No. 3329 
 (in part) 
 
 4.62 
 
 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. 
 
 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. 6. 
 
 Sept. 3. 
 
 1857. 
 Mar. 14. 
 Apr. 1. 
 28. 
 June 3. 
 Sept.21. 
 
 R. T. Hedgcox 8443. . $144. 00 
 
 J. S. Boggess 8898.. 180.00 
 
 Lott & Steele 8913 . . 75. 00 
 
 J. B. Stephenson 8914i. 45.62 
 
 John T wohig 8915 3 . 207. 00 
 
 T. H. Tumey 8917.. 32.00 
 
 W. W. Payne 8928.. 38.00 
 
 Evans & Alsbury 8945 . . 497. 70 
 
 Mercer Fain 8946. . 348. 00 
 
 Do 8947.. 36.00 
 
 L. R. Reynolds 8948.. 121.42 
 
 Samuel Stone 8952. . 316. 00 
 
 E. Krauskopp 8955.. 86.25 
 
 Silas Baggett 9012. . 49. 25 
 
 E. H. Herrington 9031.. 54.75 
 
 B. D. Arnold 9032. . 6. 00 
 
 S. P. Ross 9046. . 59. 30 
 
 J. D. Blair 9058.. 67.12 
 
 M. D.Taylor 9095.. 60.00 
 
 S. A. Glasscock 9108.. 38.00 
 
 J. M. Litton 9110.. 96.00 
 
 Jane Robertson 9161 . . 24. 00 
 
 M. T. Johnson 9214.. 547.56 
 
 Walter Ferrel 9233. . 47. 50 
 
 Simeon MLxson 9263.. 77.25 
 
 E. Linkinhoger 9047 . . 64. 37 
 
 Saml. Stone 9328.. 75.00 
 
 FeUx McKittrick 9346. . 44. 87 
 
 M. L. Durham 9373.. 161.52 
 
 D. M. Fields 9388.. 63.00 
 
 M. I. Brenson, p. ass 9479. . 154. 00 
 
 G. W. Sevier, p. atty 9612. . 78.00 
 
 J. G. Swisher 10261.. 28.20 
 
 W..B. Fleming, p. atty... 10297.. 30.00 
 
 Robt. Augustine, p. atty. .10379. . 30. 00 
 
 Jno. S. Blair, p. atty 10.504.. 18.75 
 
 Orange Wright 10859.. 25.00 
 
 Balance 1,973.57 
 
 6, 000. 00 
 
 1856. 
 Jan. 14. By appropriation. 
 
 Or. 
 $6,000.00 
 
 1857. 
 Nov. 1. By balance. 
 
 6, 000. 00 
 
 1,973.57
 
 CLAIM OF THE STATE OF TEXAS. 
 
 81 
 
 [11 K, page 159.] 
 Pay of 6 companies of volunteers called out by P. S. Smith. 
 
 Dr. 
 
 1856. 
 Feb. 5. 
 
 (i. 
 t). 
 
 20. 
 
 22. 
 Mar. 22! 
 
 22. 
 Apr. 10. 
 Mav 6. 
 July 25. 
 Aug. 14. 
 
 21. 
 
 27. 
 
 29. 
 
 .30. 
 Sppl. 8. 
 
 11. 
 
 11. 
 
 n. 
 11. 
 11. 
 12. 
 
 19. 
 23. 
 26. 
 
 2. 
 
 3. 
 
 Nov. 11. 
 29. 
 
 29. 
 Dec. 1. 
 
 13. 
 
 20. 
 1S57. 
 Jan. 1,5. 
 
 15. 
 
 Feb. 2. 
 
 6. 
 
 17. 
 
 18. 
 Mar. 4. 
 
 25. 
 Apr. 17. 
 May 13. 
 
 16. 
 June 9. 
 July 6. 
 
 Oct. 
 
 J. M. Throckmorton 8886.. $7,681.20 
 
 Do 8890.. 50.00 
 
 Jiles S. Boegess 8899.. 15,114.00 
 
 James S. Gillett 8976.. 50.00 
 
 John S. Ford 8981 . . 50. 00 
 
 A. M. M. Upshaw 9083.. 50.00 
 
 Do 9086.. 5.981.56 
 
 John D. Pitts 9164.. 7,280.27 
 
 John Work 9210. . 300. 00 
 
 F. M. Dougherty 9138. . 90. 00 
 
 J. W. Throckmorton 9500. . 15. 00 
 
 Ford & Jones, p. ass 9521 . . 4. 50 
 
 A. M. Upshaw 9553. . 299. 08 
 
 J. W. Throckmorton 9558. . 386. 56 
 
 Jas. R. Arnold, p. as.s 9560.. 50.00 
 
 E. Woldert.p. Fain atty..9627.. 51.40 
 
 Thos. M. Likens 9645.. 50.00 
 
 O. B. Wade 9646.. 250.00 
 
 Andw. J. Miller 9647.. 50.00 
 
 <;ilesS. Boggess 964S.. 755.70 
 
 Leander P. Lvons 9649.. 77.10 
 
 Jas. H. Raymond 9650.. 7,527.00 
 
 G. W. McKenzie 9666.. 51.40 
 
 Fadladder Nordlines 9672 . . 80. 50 
 
 E. P. Carver 9679.. 77.10 
 
 M. C. Baird 9716. . 77. 10 
 
 Chas. Human 9724. . 32. 55 
 
 Geo. W. Parks, p. ass 9851.. 77.10 
 
 Bennett F. Henderson, p. 
 
 ass 9895.. 32.55 
 
 E. S. Click, p. attv 9896.. 77.10 
 
 John Dye, p. atty" 9905. . 77. 10 
 
 Adolphus R. Mott, atty . .9938. . 77. 10 
 
 G. Yarborough, p. atty . . .9959. . 77. 10 
 
 E. S. Close 1009S.. 77.10 
 
 Andw. B. Eccles 10099.. 77.10 
 
 Saml. I. McEh-ath 10137.. 77.10 
 
 Thos. A. Evans 10149.. 32.55 
 
 Thornton M. Petty , p. ass. 10187. . 77. 10 
 
 T. M. Burk 10190.. 77.10 
 
 Wm. Casev, p. attv 10226.. 77.10 
 
 M. A. Williams, attv.... 10281.. 77.10 
 
 Pleasant Wright...." 10369.. 55.40 
 
 W. C. Pollock 10424. . 77. 10 
 
 C. H. Morell, p. atty 10426.. 77.10 
 
 Thorn. E. Davenport. . . . 10530. . 51. 40 
 
 Do 10628.. 25.70 
 
 To folio 202 47,765.02 
 
 1856. 
 Jan. 14. By appropriation 
 
 Aug. 20. Bv A. U. M. Upshaw, 
 
 D. W .S044. 
 
 Sept. 10. By G. S. Boggcss, D. W..3057. 
 Oct. 16. By G. S. Bogge.ss, D. W.3004. 
 
 Cr. 
 
 $55,000.00 
 
 990. 68 
 
 1,105.70 
 
 59.10 
 
 TofoHo202 ?57,155.43 
 
 [Page 202.] 
 
 1857. To amoont from folio 159 
 
 July 22. Jno. V. James p. atty... 10795. 
 
 23. Saml. A.Terrell, p.attv . . 19711 . 
 
 Oct. 30. Larkin Gilbert, p. atty. 19968. 
 
 Balance 
 
 $47, 765. G2 
 
 77.19 
 
 32.55 
 
 77.18 
 
 9, .873. 98 
 
 57,825.75 
 
 1857. 
 
 Dec. 10. E. B. Wade 11139.. 16.20 
 
 1858. 
 
 Jan. 28. C. E.Aiken 11354.. 77.10 
 
 30. J. D. Pitts 11361.. 364.01 
 
 Mar. 4. Joseph Vance, p. atty . -ll'^-'o.. 15.70 
 
 May 10. Jas. H. Raymond 120S4.. 376.35 
 
 Aug.31. Balance 9,024.62 
 
 81^873.98 
 
 Oct. 22. J. B. T. McCartney 12786. 
 
 1859. 
 
 Apr. 25. N. W. Ray, p. ass 13491. 
 
 Balance 
 
 95.50 
 
 36.00 
 8, 893. 12 
 
 9, 024. 62 
 
 1857. By amount from folio 159 S57, 155. 48 
 
 July 21. Amoimt refunded by J. H. 
 Raymond, paymaster, Capt. 
 Travis's co 670. 27 
 
 57,825.75 
 
 1857. 
 Nov. 1. Bybalance 9,873. 
 
 9, 873. 98 
 
 1858. 
 Aug.31. Bybalance 9,024.62 
 
 9,024.62 
 
 1859. 
 Aug.31. Bybalance 8.893.12 
 
 H. Doc. 551. 62-2 6
 
 82 
 
 CLAIM OF THE STATE OF TEXAS, 
 
 Exhibit C. 
 
 [90 L, page 326.] 
 Pay of Capt. Tom's company Mo't'd Volunteers to protect western frontier. 
 
 Dr. 
 
 1857. 
 July 30. James H. Raymond, paymas- 
 ter 10730. . $1, 469. 02 
 
 Balance 233. 62 
 
 1858. 
 May 14. Geo. Lee. 
 Aug. 31. Balance., 
 
 .12163. 
 
 1,702.64 
 
 25.70 
 207.92 
 
 233.62 
 
 Ce. 
 
 1856. 
 
 Aug. 30. By appropriation $1,702.64 
 
 18.57. 
 Nov. 1. By balance. 
 
 1858. 
 Aug. 31. By balance. 
 
 1,702.64 
 
 233.62 
 
 207. 92 
 
 [91 L, page 320.] 
 Pay of Capt. Levi English's co. Mo. Volunteers to protect western frontier. 
 
 1857. 
 
 July 30. Jas. H. Raymond, paymas- 
 ter 10731. . $1,598. 86 
 
 Sept. 14. Richd. Ratlifle 10842. . 33. 20 
 
 Balance 211.33 
 
 1,843.39 
 
 1858. 
 
 Jan. 11. Evan Comer 11290.. 33.20 
 
 Apr. 13. Jno. Taylor 12017. . 33. 20 
 
 June 14. E. O'Brion, p. atty 12222.. 33.20 
 
 14. Chas. Richards, p. atty.. 12223.. 33.20 
 
 Aug. 31. Balance 78.53 
 
 211.33 
 
 1856. 
 Aug. 30. By appropriation. $1,843.39 
 
 1857. 
 Nov. 1. By balance. 
 
 1858. 
 Aug. 31. By balance «. 
 
 1,843.39 
 
 211.33 
 
 78.53 
 
 [92 L, page 321,] 
 Pay of Capt. W. G. Tobin's co. Mo. Volunteers to protect western frontier . 
 
 July 30. Jas. H. Raymond, paymaster, 
 
 10732 $917. 46 
 
 Balance 25.71 
 
 18.56. 
 Aug. 30. By appropriation. $943.17 
 
 943. 17 
 
 1857. 
 Nov. 1. By balance 25.71 
 
 [93 L, page 321.] 
 Pay of E. Jones for supplies furnished Capt. Tom's co. Mo. Volunteers. 
 
 July 30. To Jas. H. Raymond, paymaster, 
 10733 
 
 1856. 
 Aug. 30. By appropriation $408.97 
 
 I
 
 CLAIM OF THE STATE OF TEXAS. 
 
 83 
 
 Exhibit D. 
 
 [100 L, paso3'^9.] 
 
 Pay of Ca-pt. G. E. Nelson's co. Mo. Vohinlecrs, pay of surgeon, camp emdpnge, trans- 
 portation, hospital stores, horseshoeing, (nnmunition, subsistence, and forage, mikage 
 and expense of commissioned officers in enrolling company. 
 
 Dr. 
 1857. 
 
 Dec. 19. A. H. Rhoads 11177.. $7,500.00 
 
 19. Do 11178.. 6,033.50 
 
 19. G.H.Nelson 11179.. 300.00 
 
 21. Vance & Bro., p. ass 11182.. 950.40 
 
 18.58. 
 
 Apr. 3. E. A. Stevens, p. ass 11979.. 150.00 
 
 3. S. A. Jackson, ass 11980.. l.iO.OO 
 
 Aug. 31. Balance 91ti. 10 
 
 16,000.00 
 
 Sept. 12. A. H. Rhoads 12615.. 100.00 
 
 Balance l , 34 4. 60 
 
 1, 444. 60 
 
 l>io7 
 
 Cr. 
 
 Dec. 14. By appropiialion $16,000.00 
 
 16,000.00 
 
 1858. 
 
 Aug. 31. By balance 
 
 Sept. 1.3. A.H.Rhoads,p. Dpt.Wt.3541.. 
 
 916.10 
 528. 50 
 
 1,444.60 
 
 1859. 
 Sept. 1. 
 
 By balance 1,344.60 
 
 Exhibit E. 
 
 [2 M, p. 338.] 
 Pay of 100 volunteers to protect frontier called out by gov. 
 
 DB. 
 
 1858. 
 
 Jan. 16. 
 
 Feb. 1. 
 
 Mar. 11. 
 
 Apr. 1. 
 
 May 5. 
 
 6. 
 
 26. 
 
 26. 
 
 Aug. 7. 
 
 7. 
 
 31. 
 
 T. K. Carmack 11310.. $107.50 
 
 J. H. Conner 11370. . 227. 00 
 
 J. H. Raymond 11868.. 4,046.02 
 
 Do 11970. . 2,863. 25 
 
 J. S. Hodges 12068. . 564. 75 
 
 J. H. Raymond 12073.. 2,717.30 
 
 J. S. Horiges 12146.. 4.00 
 
 Neill Robison 12147.. 2,384.00 
 
 Thos. S . Johnson 12473 . . 24. 00 
 
 Neill Robison, assg 12537. . 51. 50 
 
 Balance 7, 010. 68 
 
 20,000.00 
 
 1858. 
 
 Sept. 6. T. J. Edwards, p. atty. .12576. . 7. 41 
 
 6. Do 12577.. 42.59 
 
 Nov. 23. Jno. S. Ford 12935.. 5,099.35 
 
 23. Do 12936.. 900.66 
 
 1856. 
 
 Jan. 28. J. B. Miller, p. att v 1.3209 . . 24. 00 
 
 28. F. M. Martin, p. atty... 13210.. 24.00 
 
 Feb. 2. Jno. Campbell 13240.. 24.00 
 
 Aug. 31. Balance 888.68 
 
 7,010.68 
 
 1859. 
 Nov. 16. S. M. Swenson, assg 14103.. 1,132.38 
 
 1,132.38 
 
 1.857. 
 Nov. 17. By appropriation. 
 
 Cr; 
 
 $20,000.00 
 
 1858. 
 -Vug. 31. By balance. 
 
 20,000.00 
 
 7,010.68 
 
 1859. 
 
 Aug. 31. By balance 
 
 31. Amount refunded by 
 Robison, paymaster 
 
 243.70 
 1,132.38
 
 84 
 
 CLAIM OF THE STATE OF TEXAS. 
 
 Exhibit F. 
 
 [5 M, page 341.] 
 For the better protection of thej'rontier. 
 
 Dr. 
 1858. 
 
 Feb. 9. Ed. Burleson 11382. . $25, 000. 00 
 
 Apr. 13. S. M. Swenson 12012.. 4,000.00 
 
 July 3. Do 12308.. 2,800.00 
 
 30. Do 12433.. 1,000.00 
 
 30. E.Burleson 12434.. 23,000.00 
 
 Aug. 31. Balance 14,200.00 
 
 70,000.00 
 
 Sept. 27. Jno. Williams 12656.. 287.66 
 
 29. S. M. Swenson 12660. . 412. 02 
 
 Oct. 4. H. R. Runnels 12735.. 70.00 
 
 12. D . C . Cowan, assg 12757 . . 833. 73 
 
 13. J. H. Tankersley 12759. . 178. 76 
 
 25. Jno. S. Ford 12801.. 10,000.00 
 
 Nov. 2. G. W. Holcinger, p. ass .12865. . 61. 83 
 
 5. E.Burleson 12894.. 815.60 
 
 6. N. J. Hall, p. ass 12895.. 54.29 
 
 6. J. M. Hall, p. ass 12896.. 54.29 
 
 6. E. Harris, p. ass 12897.. 54.29 
 
 6. Jno. S. Ford 12898.. 4,000.00 
 
 24. AV. 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 & Co 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. Johns. Ford 13915.. 4,439.84 
 
 Oct. 27. Robt. Cotter 14024.. 72.80 
 
 Nov. 16. S. M. Swenson 14104 . . 1 , 002. 69 
 
 5,515.33 
 
 1860. 
 Sept. 10. W. J. Gouger 16262.. 
 
 35.60 
 
 1858. 
 Jan. 27. By appropriation. 
 
 Ck. 
 
 $70,000.00 
 
 70,000.00 
 
 1858. 
 
 Aug. 31. By balance 14,200.00 
 
 Nov. 6. Deposit wt. No. 3533 by Jno. S. 
 
 Ford 3, 000. 00 
 
 1859. 
 
 Apr. — . W. N. P. Marlin 52.50 
 
 Aug. 24. Transfer from 132 M 1,874.63 
 
 1858. 
 Oct. — . Dep. wt. 3520 refunded by Ed. 
 
 Burleson, A. Q. M 3,663.22 
 
 22,790.35 
 
 Aug. 31. By balance 5,515.33 
 
 5,51.^33 
 
 By transfer to 78 p. 
 
 35.60
 
 CLAIM OF THK STATE OP TEXAS. 
 
 85 
 
 Exhibit G. 
 
 [8 O, page 503.] 
 
 Pay and subsistence of Capts. Ford's, Bourland's, and Broum's companies and pay of 
 
 peace commissioners. 
 
 Dr. 
 I860. 
 Jan. 17. 
 17. 
 
 Feb. 
 
 11. 
 
 13. 
 
 16. 
 
 18. 
 
 20. 
 
 27. 
 
 27. 
 
 27. 
 
 27. 
 
 27. 
 
 27. 
 
 27. 
 
 28. 
 
 28. 
 Mar. 19. 
 
 20. 
 
 20. 
 
 29. 
 Apr. 17. 
 
 18. 
 May 24. 
 June 7. 
 
 16. 
 
 16. 
 
 16. 
 
 J. M. Stiener 14440. . $169. 15 
 
 S. M. Swenson 14446. . 5, 841. ,'■.8 
 
 Do 14448.. 3,696.37 
 
 Jas. Duff 14450.. 2,277.75 
 
 Geo. B. Erath 14451.. 137.15 
 
 W. C. Young 14458.. 4,330.05 
 
 C. E. Barnard 14405. . 533. 27 
 
 J. H. Brown 144G9.. 147.00 
 
 Coke& Smith 14481.. 263.94 
 
 J. M. Swesher 14485.. 8,911.25 
 
 Do 14486. . 7, 832. 84 
 
 JohnDanly 14493.. 160.00 
 
 H. Bradford 14494.. 28.20 
 
 H. K. Valentine 14503. . 281. 40 
 
 W. C. Young 14510.. 767.08 
 
 M. T. Johnson 14515.. 971.45 
 
 JohnM. Swisher 14541.. 13,009.00 
 
 Do 14556. . 3, 958. 60 
 
 W. Fitz Hugh 14568.. 88.33 
 
 J. D. Newsoin & Co. . . . 14585. . 456. 70 
 
 Mullens <t Madden 14608. . 48. 50 
 
 Bateman & Frey 14655.. 162.16 
 
 J. F. Bottorf 14671.. 18.90 
 
 S. M. Swenson 14735.. 297.18 
 
 J. M. Stephens 14756. . 45. 50 
 
 John M. Stephens 14772. . 482. 50 
 
 James M. Peery 14803.. 1,328.10 
 
 Cloud & Bostick 14804.. 10.45 
 
 Templeton & Lefavor. . 14805 . . 17. 50 
 
 A. B. Templeton 14806.. 25.50 
 
 Wm. Bean & Co 14807.. 47.00 
 
 Bantwell & Peery 14808.. 42.45 
 
 S. Hoffman 14809. . 24. 46 
 
 J. R. Trulove 14812.. 15.00 
 
 Thos. Richards 14811.. 183.77 
 
 A. C. Bingham 14912.. 877.60 
 
 J. F. Owens 14914.. 17.50 
 
 A. Templeton 14915 . . 56. 25 
 
 P. Witt 14946. . 635. 00 
 
 G. L. Scott, ass 15076. . 35. 25 
 
 Thos.F.McFarland.ass. 15080. . 15. 00 
 
 B. Toliver, ass 15247 . . 80. 43 
 
 Wm. Petterson, ass. . . .15364. . 39. 68 
 
 Johns. Ford 15407.. 1,279.80 
 
 Do 15408.. 130.10 
 
 Do 15409.. 671.73 
 
 Carried to folio 576 60,439.42 
 
 1860. 
 Jan. 12. By appropriation. 
 Feb. 8. Do 
 
 SOO.OOO.OO 
 4,000.00 
 
 64,000.00 
 
 [Page 576.] 
 
 1860. To amount from folio 503 $60,439.42 
 
 June 18. John S. Ford 15417.. 60.00 
 
 Aug. 31. A. B. Templeton, p. 
 
 atty 16224.. 26.00 
 
 Balance 3,545.01 
 
 64,065.03 
 
 1860. 
 
 Sept. 24. Mat Beasley 1C312. . 25. 60 
 
 Aug. 31. Balance 3,520.01 
 
 3,545.61 
 
 1860. 
 Jan. — 
 
 1860. 
 
 By amt. from folio 503 $04, 000. 00 
 
 Capt. Bourlaud, No. 3974 65. 03 
 
 64,065.03 
 
 •Aug. 31. By balance 3,545.61 
 
 3,545.61 
 
 ISOl. 
 
 Aug. 31. By balance 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. 
 
 De. 
 
 1860. 
 
 Jan. 24. A. F. Kercheval 1447S. . $60. 83 
 
 24. Rhoads & Beats 14479.. 101.00 
 
 26. C. W. Howard r4497 . . 7, 761. 32 
 
 Feb. O.R.King 14587.. 570.00 
 
 14. V. Roundtree 14688 . . 45. 50 
 
 17. R.King 14750.. 230.00 
 
 Mar. 6. P. Jordon 148.53.. 712.63 
 
 19. Sol. Childress 14905.. 267.00 
 
 Balance 251. 72 
 
 10,000.00 
 
 1800. 
 Jan. 12. By apprepriatioa. 
 
 Cr. 
 
 S10,000.00 
 
 1800. 
 Aug. 31. By balance. 
 
 10,000.00 
 251. 72 
 
 Exhibit I. 
 
 [13 O, page 509.] 
 Protection •/ the frori tier. 
 
 Dr. 
 
 1860. 
 Feb. : 
 
 Mar. 
 
 Jas. E. McCord 14555.. $2,000.00 
 
 J. H. Robinson 14567.. 150.00 
 
 John MiUer 14577. . 450. 00 
 
 James Rogers 14589. . 264. 00 
 
 L. Fellman 14603.. 40.00 
 
 J. M. Bennet 14604.. 54.25 
 
 Baker & Smyth 14607. . 218. 81 
 
 Wm. Pouge 14620.. 140.00 
 
 W.V. Spencer 14621.. 200.00 
 
 J. Vancleve 14641. . 50. 75 
 
 Miner, Lambert & Co. . . 14649. . ^3. 00 
 
 L. L. GUes 14652.. 156.00 
 
 Jos. Inman 14663.. 130.00 
 
 Do 14664.. 87.50 
 
 R. P Tyler...: 14697.. 175.00 
 
 Norman Miller 14710. . 262. 50 
 
 Josiah Taylor 14718. . 375. 00 
 
 Miner, Lambert & Co. . .14728. . 27. 00 
 
 J. M. W. HaU 14732.. 74.00 
 
 G. T. Howard 14745. . 862. 30 
 
 Howard & Ogden 14746. . 802. 40 
 
 F. W. Tauntelroy 14771 . . 00. 00 
 
 S. M. Swenson 14774.. 7,000.00 
 
 Baker & Smyth 14781. . 242.88 
 
 Nelson MerreU 14790. . 300. 00 
 
 John Scott 14792. . 45. 00 
 
 S. M. Swenson 14798.. 664.53 
 
 David Hirsch 14834 . . 166. 67 
 
 W.D.Eastland 14835.. 16.70 
 
 C. W. Keim 14836.. 1,146.02 
 
 Thos. Huddleston 14843 . . 618. 75 
 
 R. D. McAnnellv 14844.. 807.63 
 
 G. T. Howard.." 14855.. 675.00 
 
 Taylor & 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 WiUiams 14916.. 45.00 
 
 John Week 14922.. 25.00 
 
 D. D. Bonner 14929.. 150.00 
 
 G.H.Todd 14930.. 8.00 
 
 G. H. Burditt 14933.. 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^ 
 
 1800. 
 Feb. 3. By appropriation. 
 
 Ck. 
 $300, 000. 00 
 
 300.000.00 
 
 * So on original.
 
 CLAIM OF THE STATE OF TEXAS. 
 
 87 
 
 [Page 510.) 
 
 May 
 
 Dr. 
 
 1860. 
 
 Mar. 31 
 Apr. 3, 
 
 4, 
 
 6. 
 10, 
 10. 
 11. 
 14. 
 IC. 
 Iti. 
 17. 
 17. 
 17. 
 23. 
 
 *3 
 
 Amts. brot. ford $20, 712. 20 
 
 S. M. Swenson 14964.. 1,005.77 
 
 Sutor & Berryman 14987. . 210. 00 
 
 J. Marshall & Co., p. atty.. 
 
 14993 5.00 
 
 N.J. Hall 1501S . 210.00 
 
 John Russell 15040.. 262.50 
 
 N. Miller 15041.. 225.00 
 
 W. Rust 15040 . 4.46 
 
 J. S. Gillett 15002. . 80. 00 
 
 Phelps & Johnson 15005.. 78.05 
 
 Henry D.Ed wards .... 15007 . . 52. 50 
 
 S. M. Swenson 15072. . 242. 82 
 
 Do 15073.. 155.51 
 
 Lavanburg & Bro 15075. . 30. 00 
 
 H. P. Howard & others, 
 
 15094 7,011.97 
 
 S. M. Swenson. 15096 . 472. 79 
 
 R. M. White, uss 15101 . 421.00 
 
 White & Ship, ass 15105. . 553.03 
 
 C. C. Tucker, ass 15147.. 45.00 
 
 S. M. Swenson 15151 . . 417. 41 
 
 A.Y.Lester 15152.. 15.00 
 
 W. W. Downs&Son,ass. 15154. . 85. 40 
 
 J. M. Swisher&Co.,ass..l5150.. 18. 15 
 
 J. M. W. Hall 15159.. 33.10 
 
 Do 15160.. 31.25 
 
 Do 15167.. 50.00 
 
 S. M. Swenson 15176. . 10, 000. 00 
 
 Ransom Goins, ass 15221 . . 60. 00 
 
 Howard & Ogden, ass. . 15222. . 2. 818. 10 
 
 Geo. T. Howard, ass. .15223.. 531.83 
 Dup. warrant, 4029. 
 
 P. R. Sharrock, ass....l5225-. 45.00 
 
 S. M. Swenson. ass 15229.. 121.40 
 
 Chas. W. Keim 15230. . 175. 00 
 
 Genl. Sam Houston... .15231. . 100. 00 
 
 A. Y. Lester, ass 15234.. 20.00 
 
 G. R. C. Todd 15237- . 429. 00 
 
 S. M. Swenson, ass 15244.. 133.29 
 
 Baker & Smyth 15245.. 10.15 
 
 Chas. W. Keim 15248. . 2.50. 60 
 
 Do 15251.. 22.45 
 
 Miner & Raven, ass 15256. . 6. 00 
 
 Y. Tate, ass 15260.. 65.00 
 
 S. M. Swenson 15267. . 118. 75 
 
 Rice & Childress 1527 1 . . 150. 00 
 
 B.F.Eastman 15281. 25.00 
 
 *6 
 
 Carried to folio 571 47.507.13 
 
 I860. 
 Feb. 8. By appro. 
 
 Cb. 
 
 S30, 000. 000 
 
 300. 000. 00 
 
 • So on original.
 
 88 
 
 CLAIM OF THE STATE OF TEXAS. 
 
 June 
 
 Du. 
 
 I860. 
 
 May 31. 
 31. 
 31. 
 31. 
 31. 
 31. 
 31. 
 31. 
 
 1. 
 
 1. 
 
 1. 
 
 1. 
 
 1. 
 
 1. 
 
 2. 
 
 2. 
 
 2. 
 
 6. 
 
 9. 
 11. 
 11. 
 11. 
 
 11. 
 
 12. 
 
 15. 
 June 28. 
 
 28. 
 
 28. 
 
 28. 
 
 29. 
 
 30. 
 
 July 3. 
 
 3. 
 
 13. 
 
 17. 
 
 27 
 Aug. 2. 
 
 24. 
 
 31. 
 
 31. 
 
 July 3. 
 
 3. 
 
 5. 
 
 (Page 571. 
 
 *6 
 
 To amt. from folio 510 $47, 507. 13 
 
 A. Wirblskie 15289.. 18,711.84 
 
 Jas. G. Brown 15290.. 225.00 
 
 F. M. CampbeU 15291.. 75.00 
 
 W. W. Dunlap 15292.. 635.10 
 
 A.Martin 15293.. 125.00 
 
 T. T. Gammage 15294.. 380.00 
 
 J. H. Fry 15295.. 75.00 
 
 James Gray 15296.. 957.00 
 
 W. H. Muson. 15301.. 786.00 
 
 James Gray 15302.. 350.00 
 
 C.B. Combe 15303.. 606.75 
 
 Alex. Wirbiskie 15314. . 938. 90 
 
 J. R. Palmer, per ass -.15315.. 26.00 
 
 Goodlet & Jones 15316.. 79.23 
 
 M.Sanders 15317.. 85.00 
 
 Alex. Wirbislde 15318 . . 200. 00 
 
 E.F.Calhoun 15320. 28.75 
 
 S. M. Swenson 15348. . 7, 249. 54 
 
 W.L.Chalmers 15367.. 5.000.00 
 
 J. P. Smith 15375. . 425. 50 
 
 Robt. Pvay 15376.. 600.00 
 
 Tumer.Daggett & Co., p. 
 
 ass 15377.. 3.30.40 
 
 A. L. Pace, p. ass 15378.. 726.75 
 
 J. M. Smith, p. ass 15390.. 403.97 
 
 G. Morris, p. ass 15400. 22. .50 
 
 S. M. Swenson 15461^. $142.90 
 
 J.H.Mullens 15463.. 238.98 
 
 Wash Hammett 15464.. 72.00 
 
 ....do 15465.. 50.00 
 
 J. B.Hill, ass 15468.. 5C.0O 
 
 B. Monroe & Bros 15488.. •:,432.75 
 
 Geo. T. Howard 15518. . 169. 05 
 
 Howard & Ogden 15519. . 12. 50 
 
 Blum & Walker 15599.. 4.00 
 
 Sawyer, Risher& Hall. 16018.. 39.75 
 
 F. v. D. Stucken 10065.. 762.06 
 
 John Williams 16089.. 42.00 
 
 S. M. Swenson 16175. . SOS. 00 
 
 Martin Leibman p. 
 
 atty 16230.. 17.25 
 
 Jas. S. GUlett 16247.. 63.62 
 
 Wm. Rust 15533.. 4.46 
 
 J. S. GiUett 15535.. 43.00 
 
 C. Higginson 15543.. 45.00 
 
 Balance 208,552.29 
 
 Cr. 
 
 By amt. folio 510 $.300. 000. 00 
 
 Aug. — . G. Houston, D. W. No. 4169... 100. 00 
 
 ISGO. 
 Aug. 31 By balance. 
 
 300,100.00 
 
 Carried to folio 582. 
 
 * So on original.
 
 CLAIM OF THE STATE OF TEXAS. 
 
 89 
 
 Ds. 
 
 1860. 
 
 Sept. 13. S. M. Swenson 16288.. $1,073.08 
 
 18. Do 16301.. 808.00 
 
 18, Do 16302.. 7,169.61 
 
 22. J. A. Goolet & Co 16310. . 488. 37 
 
 28. J.Walker 16324.. 95.78 
 
 Oct. 1. J. M. W. Hall 1G328.. 60.00 
 
 IS. Sam Houston 16418. . 50. 00 
 
 Nov. 27. Wash Hammitt 16535. . 55.00 
 
 1861. 
 Jan. 28. Transfer of public property 
 from boundary survey (see 
 
 p. 567) 1,890.00 
 
 Mar. 5. Jo. Walker from 17117 to 17124. 2,700.00 
 
 Balance 194,172.45 
 
 (Page 582.] 
 
 208,552.29 
 
 1861. 
 Mar. 
 Apr. 
 
 23. P.M.Taylor 17199.. 100.00 
 
 10. W. Fitzhugh 17643.. 500.00 
 
 10. Do 17644.. 400.00 
 
 10. Do 17645.. 727.82 
 
 16. W. Byrd 17679.. " .00 
 
 May l.W. Fitzhugh 17721.. 400.00 
 
 1. Do 17722.. 400.00 
 
 1. Do 17723.. 330.00 
 
 7. Do 17729.. 40.80 
 
 7. Do 17730.. 259.37 
 
 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 18230.. 415.98 
 
 31. Balance 188,435.53 
 
 194, 172. 45 
 
 1862. 
 Aug. 31. Balance 198,368.36 
 
 198,368.36 
 
 To this amt. from military 
 
 ledger 75, 717. 42 
 
 Aug. 31. Balance 122,658.94 
 
 198,368.36 
 
 To this amt. transferred to 
 miUtary ledger 122,856.84 
 
 18(i0. 
 Aug. 31. 
 
 By bal. from folio 671. 
 
 Ce. 
 
 »208,652.29 
 
 208,562.29 
 
 1861. 
 Mar. 23. By balance 194,172.45 
 
 Interest on Fitzhugh warrant 
 transferred to 92 P. 
 
 194, 172. 45 
 
 1861. 
 Aug. 31. 
 Oct. 9. 
 
 1862. 
 
 Balance 188,436.63 
 
 Deposit wt. 4502 189. 72 
 
 Deposit wt. 4578 8,513.00 
 
 Deposit wt. 4650 929.91 
 
 Deposit wt. 4662 300. 20 
 
 198,368.36 
 
 Aug. 31. Balance 198,368.36 
 
 Aug. 31. Balance 122,650.94 
 
 Dep. W. No. 6126 204.90
 
 90 
 
 CLAIM OP THE STATE OF TEXAS. 
 
 Exhibit K. 
 
 [12* O, page 508.] 
 
 Supplies furnished Capt. J. Williams* company . 
 
 Dr 
 
 
 18ti0. 
 
 June 
 
 19. 
 
 Aug. 
 
 2. 
 
 2 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 2. 
 
 
 3. 
 
 
 17. 
 
 
 17. 
 
 
 17. 
 
 
 17. 
 
 
 17. 
 
 
 17. 
 
 
 27. 
 
 
 27. 
 
 
 27. 
 
 
 27. 
 
 
 28. 
 
 Sept 
 
 10. 
 
 
 10. 
 
 
 10. 
 
 
 14. 
 
 
 14. 
 
 
 14. 
 
 
 2(i. 
 
 Oct. 
 
 2. 
 
 
 3. 
 
 
 5. 
 
 
 3. 
 
 Nov 
 
 10. 
 
 
 23. 
 
 Dec. 
 
 19. 
 
 Mar. 
 
 19. 
 
 Aug. 
 
 31. 
 
 $1,029.15 
 2,139.90 
 121.00 
 1,266.00 
 27.00 
 49.50 
 67.20 
 63.00 
 63.00 
 67.20 
 67.20 
 45.00 
 54.00 
 234.00 
 33.30 
 42.20 
 54.00 
 67.20 
 54.00 
 54.00 
 54.00 
 54.00 
 50.70 
 60.40 
 67.20 
 1,625.85 
 
 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 1G366.. 54.00 
 
 W. R. Wright 16499.. 36.00 
 
 S. A. Quarte 1G530-- 54.00 
 
 J. F. Cavaness 16623.. 54.00 
 
 A.Houston 17172. 31.50 
 
 Balance 45.05 
 
 S. M. Swenson 15il8.. 
 
 Williams & Cowan 16086^. 
 
 Jno. Williams 16087 
 
 D. S. Hannah 16088 
 
 Jas. Williams 16092 
 
 J. B. Pyatt 16093 
 
 T. H. Denson 16094 
 
 F. M. Kirkpatrick 16095 
 
 Robt. Kirkpatrick 16096 
 
 John Kirkpatrick 16097 
 
 N. D. McMillan 16098 
 
 W. P. Duncan 16099 
 
 Harvey Denson 16100 
 
 John H. Conner 16102 
 
 Edward Norfleet 16142 
 
 B. A.Neighbours 16143 
 
 W.J. Elliott, ass 16144 
 
 Robt. Ragsdale, ass 16145 
 
 John Elliott, ass 16146 
 
 Wm. &need,ass. 16147 
 
 John Jackson, ass 16186 
 
 J.M.Jackson 16187 
 
 Robt. Jackson, ass 16188 
 
 E. L. Banett 16189 
 
 Jesse A. Denson 16196 
 
 Balance 
 
 1,625.85 
 
 1861. 
 Sept. 24. J. W. Patty 18366. 
 
 1860. 
 Feb. 11. By appiopriation. 
 
 Cr. 
 $7,500.00 
 
 iwn. 
 
 .\ug. 31. By balance. 
 
 7,500.00 
 
 1,625.85 
 
 42.20 
 
 1861. 
 Kng. 31. By balance. 
 
 1,625.85 
 
 45.05
 
 CLAIM OF THE STATE OF TEXAS. 
 
 91 
 
 Exhibit L. 
 
 m O, page 504.] 
 
 Pay and subsistence of troops on Rio Grande. 
 
 DR. 
 I860. 
 
 Feb. 17. J. P. Kelly 14753.. $1,083.30 
 
 20. S. M. Swenson 14765. . 79. 80 
 
 21. J\ T. Daffan 14782.. 10.00 
 
 21. C.W. Whites 14786.. 200.00 
 
 ^"21. AngelNavarro 14788.. •••190.00 
 
 23. Samuel Byington 11793. . 820. 00 
 
 24. J. R. Brooks 14796.. 20.60 
 
 Mar. 7. C. W. Howard 14S62.. 22,900.88 
 
 21. N.Cox 14923.. 732.00 
 
 21. M.Sanders 14924.. 274.50 
 
 .A.pr. 16. Jos. Walker 15004. . 75. 00 
 
 24. R. H. Tavlor 15097.. 470.00 
 
 May 2. J. T. MUler 15138.. 75.00 
 
 7. Geo. J. Hampton 15109. . 143. 27 
 
 10. R. J. Lawler ct Co., a.ss. 15181. . 304. 77 
 
 10. H. E. Woodhouse, ass.. 15185.. 4,237.00 
 
 15. H. Clay Davis, ass 15215.. 720.00 
 
 15. Jno. Decker, ass 15216.. 65.62 
 
 15. J. B. McCIusky.ass 15217.. 972.86 
 
 18. Henry Webb, ass 15227.. 366.57 
 
 22. H. Clav Davis, ass 15238.. 150.00 
 
 23. Wm. B. Wratlier 15243. . 4, 245. 00 
 
 28. Jno. Littleton 15262. . 105. 00 
 
 31. A.Wirbiskie 15288.. 1,758.83 
 
 Balance 3,033.60 
 
 43,033.60 
 
 1860. 
 Feb. 15. By appropriation. 
 May 5. Amount refunded. 
 
 Ck. 
 
 $40,000.00 
 3,033.00 
 
 43,033.60 
 
 Aug.31. By balance 3,033.60 
 
 It should be noted that the act oi 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, equipmeHts, 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 after 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 persona 
 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 
 payment of peace commissioners at the rate of $5 a day each. It has not been pos- 
 Bible, 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 OP THE STATE OP TEXAS. 
 
 Amounts appropriated by the State of Texas hettveen Feb. 28, 1855, and June 21, 1860, 
 on account of State volunteers mid rangers called into the service of Texas in defense of 
 the frontier of that State against Mexican niarauders and Indian depredations, and the 
 amounts paid on account of those appropriations. 
 
 1 
 
 State act. 
 
 Comp- 
 troller's 
 designa- 
 tion of 
 appro- 
 priation. 
 
 Amount 
 appropri- 
 ated. 
 
 Amount paid- 
 
 Before 
 
 June 21, 
 
 1860. 
 
 After 
 
 June 21 , 
 
 1860. 
 
 Unex- 
 pended 
 balance. 
 
 Dee. 17, 1855... 
 
 Do 
 
 Jan. 14, 18.56... 
 
 Do 
 
 Aug. 30, 1856.... 
 
 Do 
 
 Do 
 
 Do 
 
 Dec. 14, 1857. . . . 
 Nov. 17,1857... 
 Jan. 27, 1858..., 
 Jan. 12,1860... 
 
 Feb. 8, 1860 
 
 Jan. 12,1860..., 
 
 Feb. 3, 1860 
 
 Feb. 11,1860..., 
 Sec. l,chap. 81. 
 
 Total 
 
 2K 
 3K 
 10 K 
 UK 
 
 90 L 
 
 91 Jj 
 
 92 L 
 
 93 L 
 100 L 
 
 2M 
 5M 
 
 80 
 
 90 
 
 13 
 
 12i0 
 
 910 
 
 $16,091.12 
 
 5,755.22 
 
 6, 000. 00 
 
 55, 000. 00 
 
 1, 702. 64 
 
 1,843.39 
 
 943. 17 
 
 408. 97 
 
 16, 000. 00 
 
 20, 000. 00 
 
 70, 000. 00 
 
 64, 000. 00 
 
 10, 000. 00 
 
 300, 000. 00 
 
 7, 500. 00 
 
 40, 000. 00 
 
 $15,571.01 
 
 5, 750. 60 
 
 4, 026. 43 
 
 46, 106. 88 
 
 1.494.72 
 
 1,764.86 
 
 917.46 
 
 408. 97 
 
 14, 655. 40 
 
 20, 000. 00 
 
 70, 000. 00 
 
 60, 434. 39 
 
 9, 748. 28 
 
 86. 544. 39 
 1,029.15 
 
 36. 966. 40 
 
 $520. 11 
 
 4.62 
 
 1,973.57 
 
 8,893.12 
 
 207. 92 
 
 78.53 
 
 25.71 
 
 1,344.60 
 
 $45.60 
 
 14, 882. 35 
 6, 468. 00 
 
 3.520.01 
 
 251.72 
 
 198,573.26 
 
 2.85 
 
 3, 033. 60 
 
 615,244.51 
 
 375, 418. 94 
 
 21, 395. 95 
 
 218, 429. 62 
 
 With regard to the question as to whether the State of Texas has ever been reim- 
 bursed for any of these exj)enditures, it is to be remarked that the only legislation 
 providing for payments by the United States on account of the volunteers and militia 
 in question that has been found is that contained in the acts of Cougress approved 
 March 3, 1855 (10 Stat. L., 636, 673), March 3, 1859 (11 Stat. L., 434), and Jime 21, 1860 
 (12 Stat. L., 68). 
 
 It appears from a letter dated November 11, 1871, addressed to the Secretary of the 
 Treasury by the secretary of state of Texas (printed in Ex. Doc. No. 277, House of 
 Representatives, 42d Cong., 2d sess., p. 141), and a letter dated November 16, 1871, 
 addressed to the secretary of state of Texas by the Secretary of War (Ibid., p. 142), 
 that none of the money appropriated by the acts of March 3, 1859, and June 21, 1860, 
 referred to above, was disbursed. 
 
 The acts of Congress approved March 3, 1855, referred to above, appropriated the 
 sum of $162,755.38 for six companies of Texas volunteers. With regard to that ap- 
 propriation Capt. Bradley, who examined the claim of the State of Texas in 1872, 
 says in his report (Ex. Doc. No. 277, referred to above, p. 4): 
 
 For these companies the total appropriated Mar. 3, 1855, was $162, 755. 38 
 
 Between that date and the 30th of June, 1859, the total paid for their 
 services and expenses was 93, 612. 47 
 
 On the last-mentioned date war warrant No. 7 carried to the sur- 
 plus fund this balance 69, 142. 91 
 
 A letter dated January 8, 1859, and addressed to the Adjutant General by the 
 Second Auditor of the Treasury Department (printed in the same document, pp. 
 124-125) shows that of the amount disbursed on account of this appropriation 308,449.70 
 was paid to the six companies. He adds that "the records of the Third Auditor might 
 show an additional allowance for these companies for subsistence, etc., which would 
 increase the allowance made by the United States." Nothing has been found to 
 show to whom the remaining $25,162.47 disbursed on account of this appropriation 
 was paid; but it is reasonably certain that none of it was paid to the State of Texas to 
 reimburse that State for moneys expended on account of the volunteers in question. 
 
 Answering the inquiry, directed 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 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 depreda- 
 
 I
 
 CLAIM OF THE STATE OF TEXAS. 93 
 
 tions, for which reimbursement has not been made out of the Treasury of the Unitc-d 
 States"— 
 
 it appears from the foregoing State appropriations and statements of accounts that the 
 total amount expended by Texas between February 28, 1855, and June 21, 1860, on 
 account of the volunteers and rangers in question, was $375,418.94. If the payments 
 on accounts of these State troops made after June 21, 1860, from appropriations made 
 before that date are included, the amount will be increased to $396,81 '.89. No evi- 
 dence has been found showing that the State of Texas was reimbursed out of the 
 Treasury of the United States for any of the expenditures included in that amount. 
 Respectfully submitted. • 
 
 F. C. AiNSWORTH, The Military HecreLary. 
 War Department, 
 
 The Military Secretary's Office, 
 
 January 27, 1906. 
 
 Exhibit G. 
 
 [Senate Document No. 67, Sixty-second Congress, first session.) 
 
 Claim of the State of Texas for Defense of the Frontier. 
 
 Additional claim of the State of Texas for reimbursement of moneys expended in 
 frontier defense in 1856 and 1860-61. 
 
 On February 1, 1905, Mr. (Julberson, in the Senate, submitted an amendment to 
 the general deficiency appropriation bill, which was adopted, providing: 
 
 "The Secretary of War is hereby directed to inquire and report to Congress for i(s 
 consideration what sum or sums of mouey 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 hxmdred and sixty, in payment of 
 State volunteers or rangers called into service by authority of the governnr of Texas, 
 in defense of the frontier of that State against 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 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 disclosed that the amount of money actually expended by 
 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 purposes 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 
 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 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 hundred and seventy-five thousand four hundred 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 June 21 , 1860. 
 
 Apparently these two appropriations covered all valid existing claims of (he State 
 of Texas. It should be here particularlv noted, however, that at page 32 of (he 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 'l906 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 OV 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, 
 1860, 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, fur pay of oompanies 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 autho'-ities 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 uf 
 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 fire 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, sirce 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 1008, 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. C. 
 
 Dear SeiVator: I 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 tlie United States Government 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 Sta'e 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 of 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. Ifeel sure there can be no valid or substantial objection on the part of any- 
 one to the payment of this money. 
 
 Yours, truly, 0. B. Colquitt, Governor. 
 
 Austin, Tex., June 12, 1911. 
 Hon. O. B. Colquitt, 
 
 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 first 
 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, 1860, made an appropriation 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 aniounl 
 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: 
 
 "\Vhat 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 Jum^ 1, 
 1860, and was paid out under resolution of the Eighth Legislature of Texas to the organi- 
 zations hereinafter named, \dz: 
 
 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 vouchers 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. Rcss's company, Lieut. A. B. Burleson's 
 company, Capt. W. H. Berry's company, Capt. William Fitzhugh's company, Lieut. 
 
 ^almon's company, Lieut. Balliiatyne'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 
 Tobin'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 
 
 I to, which discloses the fact as to what payment was made, each item being fully 
 
 l>» 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 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 th^ said ledger 
 ronstituted 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 surviving 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 niling 
 of the Commissioner of Pensions, become eligible under the present act of Congress, 
 
 1
 
 96 CLAIM OF THE STATE OF TEXAS. 
 
 as the records will then show required reimbursement, and secure pensions to many 
 old rangers and their surviving wives, 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 oSice, 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 large 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 
 best 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 \'irtue of authority conferred by an act of the Eighth Legislature of 
 Texas, approved February 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. Sansom, J. M. Davenport, and R. W. Black, which was inadvertently omJtted 
 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 eer\'ice in the field. The reports of Maj. John S. 
 
 - Ford and Capt. L. S. Ross are of historical interest. Maj. Ford reports a battle with 
 
 ^Cortina and Capt. Ross gives a graphic description of the capture of Cynthiana Parker 
 
 and her son, Quanah. Also reference is made to a circular of 1909 in regard to pensions 
 
 under act of Congress approved May 30, 1908. 
 
 In conclusion. Governor, I will state that I have made this report as brief as possible, 
 believing that any explanations necessary could be made personally, I have the honor 
 to be, 
 
 Yours, very respectfully, E. M. Phelps, State Agent. 
 
 [arcular No. 3.] 
 
 Adjutant General's Department, 
 
 Austin, Tex., June 8, 1909. 
 
 important. 
 
 The circular of August 9, 1908, as amended, relative to pensions for State troops or 
 rangers, provided for under the act of Congress, approved May 30, 1908, to include 
 a list of companies who were paid during the latter part of 1859 and the first part of 
 1860, discovered in an old military ledger during the month of September, 1908, is 
 republished and amended to read as follows:
 
 CLAIM OF THE STATE OF TEXAS. 97 
 
 [Act of Cougross, approved May ;>0, 1908.) 
 
 AN ACT Pensioning the surviving oflicers and enlisted men of the Ti'.\;i.~: volunteers employed In the 
 defense of the fronlier of that State against Mexican marauders and Indian depredations from eighteen 
 hundred and fifty-live to eighteen hundrad and sixty, inclusive, and for other purposes. 
 
 " Be it enacted by the Senate and Ilonse of Representatives of the United Stales of America 
 in Congress assembled, That the provLsioiiP, limitations, and bonelita of an act entitled 
 'An act granting pensions to survivors of the Indian Wars of eighteen hundred ancl 
 thirty-two to eighteen hundred and forty-two, inclusive, known as the Hlack 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 oflicers and enlisted 
 men of the Texas volunteers who served in the defense of the frontier of that Stiilc 
 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: Prmrided further, That where there is no record of enlist- 
 ment or muster into the service 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 
 muster rolls and vouchers on file in the War Department, shall be accepted as full 
 and satisfactory proof of such enlistment and service: And provided 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 of July 27, 1892 (a law pension- 
 ing survivors of the various Indian Wars), to certain Texas Rangers who served on 
 the frontier of that State during the years 1855 to 1860, applies to the following com- 
 panies, whose men and their widows may be entitled to the benefits of this act. 
 Under the terms of this new law, and former pension laws, the surviving officers and 
 ^ enlisted men, and the surviving widows of officers and enlisted men of the following- 
 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; mustered out 
 March 31, 1855. 
 
 Capt. William R. Henry, 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 23, 1855. 
 
 Capt. Charles E. Travis, 80 men; mustered in December 1, 1854; mustered out 
 April 1, 1855. 
 
 Capt. P. H. Rogers, 78 men; mustered in December 22, 1854; mustered out March 
 21, 1855. 
 
 J. H. Callahan, captain; Ed Burleson, first lieutenant; William Kyle, second lieu- 
 tenant; 88 men; mustered in July 20, 1855; mustered out October 19, 1855. 
 
 Nat Benton, captain; H. B. King, first lieutenant; Chas. A. Read, second lieuten- 
 ant; 26 men; mustered in September 15, 1855; mustered out October 15, 1855. 
 
 W^illiam R. Henry, captain; Houston Tom, first lieutenant; 36 men; mustered ia 
 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. 
 
 W'm. G. Tobin, captain; 28 men; mustered in October 12, 1855; mustered out No- 
 vember 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: mustered out July 16,. 
 1856. 
 
 J. M. Davenport, captain; Jos. G. 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 out December 31, 1856. 
 -•Thomas K. Carmack, 20 men; mustered in December 14, 1857; mustered outMarch 
 
 14, 1858. 
 
 •-* John H. Conner, 31 men; mustered in December 2, 1857; mustered out March 2, 
 1858. 
 
 H. Doc. 551, 62-2 7
 
 98 CLAIM OF THE STATE OF TEXAS, 
 
 "*■ John S. Hodges, 20 men; mustered in December 14, 1857; mustered out March .14, 
 1858. 
 — T. C. Frost, 20 men; mustered in December 21, 1857; mustered out March 21, 1858. 
 
 John S. Ford, captain; Ed Burleson, first lieutenmnt; A. Nelson, second lieutenant; 
 W. A. Pitts, second lieutenant; J. H. Tankersley, lieutenant; 135 men; mustered in 
 » January 10, 1858; mustered 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; mustered 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, second lieu- 
 tenant; J. G. Barbee, surgeon; 75 men; mustered in between January 1 and June 1, 
 1860; mustered out September 7, 18(50. 
 
 John S. Ford, captain; J. R. Gibbons, lieutenant; Aaron Burleson, lieutenant; 87 
 men; mustered in November 10, 1858; mustered 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; J. Y. Carmack, second lieu- 
 tenant; W. H. White, first lieutenant; J. D. Bell, second lieutenant; H. Bradford, 
 surgeon; W. E. Oakes, surgeon; 77 men; mustered in June 28, 1859; mustered out 
 September 12, 1859. 
 
 The following is a list of certain volunteer companies which operated against Cortinas 
 in November and December, 1859, and about which there is no record of when they 
 
 • were mustered in and out of service: Capt. Tobin's company, 65 men; Capt. Tomlin- 
 son's company, 35 men; Capt. J. H. Hampton's company, 20 men; Capt. Kennedy's 
 Capt. Thompson's, Capt. Littleton's, and one company in addition to the above, 
 
 • called the "Indianola company." 
 
 The muster and pay rolls as set forth in paragraph 1 are on file in the War Depart- 
 ment, having been originally placed there as a part of fhe claim of the State of Texaa 
 for the refund of money expended for the defense of her frontier between the years 
 1855 and 1860. The following additional rolls, 14 in number, have been forwarded to 
 the Chief, Pension and Record Office, Washirgton, D. C, and will be placed on file 
 in the Pension Department: 
 
 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 Rangers. Called into service by 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 members belonging to same. Certificate under oath of 
 commanding officer of organization, etc. Filed fot 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 Julv 3, 1860, with original cer- 
 tificate of O. B. Mills, chief justice, B. C, July 3, A. D. i860. 
 
 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 companies of 
 Capts. Tom, English, and Tobin, which show the payment of this company. 
 
 Original pay roll William Tobin's company, 24 men; Levi Engli.sh's company, 44 
 men; Williani Tom's companv^ 45 men; James H. Raymond, paymaster. Filed 
 July 30, 1857, and admitted for $4,394.31. 
 
 Cfapt. James Bourland's first company, 90 men. Original duplicate muster roll 
 Capt. Bourland's first companv mounted volunteers, Texas Rangers, October 28, 1858, 
 to January 28, 1859. 
 
 <^apt. James Bourland's second company, 34 men. Original muster roll Bourland's 
 second companv mounted volunteers. State service, January 28, 1859, to April 28, 
 1859.
 
 CLAIM OF THE STATE OF TEXAS. 99 
 
 V T. J. Hale's company, 77 men. Original li?t of names of officers and member.-^, 
 ^ Texas Rangers, Stote volunteer.-!, known as Uvalde Rangers. October 12, 1859. 
 
 Andrew Herron's company, 37 men. Original muster roll, November 18, 1859, to 
 January 1, 1860. Also accompanving is muster and pay roll of said company from 
 Novenaber 18, 1859, to January 1, 181)0. 
 
 Original muster roll Capt. G. S. Fitzhugh's company, 29 men; Texas Rangers, who 
 served from May 20 to October 20, ISHO. 
 
 Soon after publication of the circular of August 29, 1908, an old military ledger was 
 discovered in the comptroller's oflii-e, 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 1900 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. W. 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. Wm. Fitzhugh's company, 
 Lieut. W. C. Lewis's Minute Men. 
 
 The members of the above companies are not now entitled to pensions under the 
 provisions of the pension law, owing to the fact that the United States has not reim- 
 bursed the State of Texas for their services, and in order to make title it is necessary 
 to prepare a new claim as shown by 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: 
 
 "House concurrent resolution No. 12. 
 
 "Whereas there still exists an unsettled claim of the State of Texas against the 
 United States for protection of her frontier against Indian depredations and Jlexican 
 marauders from February twenty-eighth, eighteen hundred and fifty-five, to Decem- 
 ber thirty-first, eighteen hundred and sixty, which, on account of not having been dis- 
 covered until the month of September, nineteen hundred and eight, wa=i not inchided 
 in the claim of Texas for three hundred and ninety-six thousand eight hundred and 
 fourteen dollars and eighty-nine cents, made up out of the amounts paid out of the 
 several appropriations by the State for protection of her frontier during the period 
 heretofore stated, whir-h sum was reimbursed 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 Congress in May, nineteen hundred and 
 six, three hundred and seventy-five thousand four hundred and eighteen dollars and 
 ninety-five cents; Sixtieth Congress in May, nineteen hundred and eight, twenty-one 
 thousand three hundred and ni'iety-five dollars and ninety-five cents; total, three 
 hundred and ninety-six thousand eight hundred and fourteen dollars and eighty- 
 nine cents, this being amount of the claim as originally made by the adjutant gen- 
 eral's department, and submitted under a resolution of Congra.ss to the Secretary of 
 War, in January, nineteen hundred and five. 
 
 "Whereas that during the time of the preparation of the said claim, as reimbursed, 
 there was no evidence of record obtainable that more than the sum of one hundred 
 and one thousand four hundred and sixteen dollars and seventy-four cents had been 
 
 Eaid out of an appro.priation of three hundred thousand dollars made by the seventh 
 egislature of Texas, appro\ed February third, eighteen hundred and sixty, for the 
 protection of the frontier, and owing to that fact only that amount out of said appro- 
 priation was included in the original flaim for three hundred and ninety-six thousand 
 eight hundred and fourteen dollars and eighty-nine cents. It wa-i disclosed by a 
 footnote to the account for payments out of said appropriation of three hundred thou- 
 sand dollars that the sum of one hundred and ninety-eight thousand three hundred 
 and sixty-eight dollars and eiglity-three cent-' was traiisferred to a military ledger and 
 afterwards paid out in accordan{;e with an act of the seventh legLslature for supplies 
 and pay of State troop-i 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 
 Governor Sam Houstoji.
 
 100 CLAIM OF THE STATE OF TEXAS. 
 
 "This military ledger was discovered, 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 unsettled claim for the protection of the frontier of this State 
 is clearly established by record evidence in a sum not less than one hundred and 
 eighty -four thousand dollars: Therefore be it 
 
 "Resolved by the house of representatives {the senate concurring), That the governor 
 of the State be, and he is hereby, requested to investigate the above facts, and if he 
 finds them true as stated, then to take such steps as may be necessary to collect the 
 claim, and have the amount so collected placed in the treasury of the State; be it 
 further 
 
 "Resolved, That no commission or sum of money shall be paid by the State other 
 than the actual expense incurred in the preparation and presentation of the claim, 
 which shall not exceed the sum of two thousand dollars, and that the said claim shall 
 be collected through the adjutant general's department of this State and the Texas 
 delegation in Congress. 
 
 "Approved, March 17, 1909." 
 
 Under the act of July 27, 1892, it is required that the soldiers must have served 
 at least 30 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 30 days may not 
 be entitled to pension unless they served in more than one company, which was 
 frequently the case. From the foregoing statement, however, it appears that all of 
 the companies served over 30 days, with exception of one. 
 
 As before stated, this law simply extends the provision of the original act of July 27, 
 1892, to the surviving Texas Rangers and the widows of Texas Rangers who served 
 during the years 1855 to 1860, inclusive. Under it the Rangers and widows will receive 
 $8 and $12 per month, respectively, which are maximum pensions allowed to veterans 
 and widows of veterans of the Indian wars. Under this law the pensions, if granted, 
 will start from the date of the filing of the application. The law is not retroactive, 
 and neither the Rangers nor their widows will receive back pensions from the date 
 of the original act of July 27, 1892. Congress has never passed retroactive pension 
 laws, and all statements appearing in the press to the effect 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 prompt 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 applica- 
 tion 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 and death of 
 their husbands. 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 Bureail 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 Commissioner 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, 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 the treasury from time to time as can be so 
 drawn without leaving a deficit iii 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 a^ the same may be needed from 
 time to time, or that the amount of said appropriation i.s 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, ho 
 phail 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 ca.sh demands, s^uch 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 pul>lic 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 efiect from and after its passage. 
 
 Approved, February 3, 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 ] , 2, and 3 of chap- 
 ter 43, acts of the Eighth Legislature of the State of Texas, entitled "An act i.uking 
 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, 1859-00, 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 Slate. 
 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 
 varioua Indian tribes 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 tlie 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 term 
 of twelve months, or others taken in their place, at the expiration of the first term of 
 service, the officers of each compojiy 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 company shall have one captain, three 
 lieutenants, four sergeants, and four corporals, and one siu-geon; and there 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 actuig 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, ammimition, 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 ])er 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 twenty 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 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 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 ser\'ices 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 op 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 coiTect 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, 1S59-G0, 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, 
 
 Sea'etary 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 he 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 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 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 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, acts 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 Texas, 1859-60, pages 115 and 116. 
 
 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. 
 
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