Texas. Legislature. House of Representatives.

Journal of the House of Representatives of the State of Texas [serial] online

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inded by order of tin- Executive.
Although ii" Indian depredations were at that time reported,
the Executive, t.> guard against their repetition, ordered Capt. !: - t i licLennan, on the 11th of {September, to raise a
company of 70 m-'ii and t<> 1 ike his station beyond Fort Belknap,
win-re he arrived on the 17th of October.

(>u the 6th of December, information reached the Executive

of the most appalling outrages committed by the Indians in Jack

and Parker counties. Orders were immediately sent forward to

T s. St .ton, of Voting, and James Barry, of Bosque

county, to raise each 24 men and proceed to co-operate with

a protecting the settlements. These troops did not

then < utt-r th - service ; but on the 17th of December, an order

It. Capt. A. 15. Burleson to raise 70 men, which was

followed by orders to Capt, E. W. Rogers, of Ellis, on the 26th

of December, and to ('apt Thomas Harrison, of McLennan, on

tip' '2nd of January, to raise each 70 men, all of whom have now

gone forward to Fori Belknap, where CoL W. 0. Dalrymple. of

Wi. mnty, acting under commission, as Aid tie Camp

to the Execu ive, has 1 n ordered to repair, to effect an organi-

Bjation of th<- tr",.ps and to d< vise means for their efficiency.

It affords the Executive pleasure to state that the Indians who

committed th-' late depredations in Jack and Parker counties,
hue 1 1. tii overtaken and killed by a force under command of
Captain EtoBS, whose report will be submitted.

Tlie Executive, to support and render efficient the force which
he has had from time to time in the field, has had no money at
hil command except the University Fund, amounting to ^ 106,-
_!<<, which was by special act of the Legislature authorised
used for purposes of Frontier defence. It was his opinion
th- Legislature intended that this fund should be used
•Jons for the defence of the Indian frontier and not for the pay-
ment of claims OH account of the war upon the Rio Grande. The
tr.>;ihles upon the Bio Grande, although speedily settled after
the arrival of th- Comuiissione s sent by the Executive, cost the


State an amount far beyond the estimate of the Legislature, and
when claims were presented for supplies furnished troops, the
Executive did not believe the money should be drawn from the
University Fund ami expressed his views in that respect to the
Comptroller. That fund was the sole dependence of the Execu-
tive for the purchase of supplies to keep troops in the field. A
considerable sum was paid, however, from the fund for debts
contracted during the Rio Grande war. This reduced the
amount which might be used to defend the frontier to $76,937,-
73, which has been exhausted. The Executive however, kept
troops continually in the field and until the present time sup-
plied them, with the exception of the minute companies called
out in each county. Not a dollar has been at his command for
months. Deprived of money to purchase supplies and with the
fact before him that Treasury Warrants were already selling at
a heavy discount, the Executive might well have thrown upon
others the responsibility of abondoning the frontier and left the
people to defend themselves. But neither this, nor the fact that
many have continually denounced and misrepresented his efforts
made in behalf of the frontier, have caused him to forego his ex-
ertions. On the contrary, they have been redoubled. At such
periods, a man true to the obligations of his station and the in-
stincts of humanity, should alike rise superior to the obstacles
impending his pathway and the petty considerations of chagrin
and disappointment, at the conduct of those who maligned and
censured him ; and it is a satisfaction to the Executive now to
know, that the first who have received the undoubted evidences
of the determination and the ability of the troops sent forward
by him, to defend them, are those who have been foremost in
their efforts to thwart his endeavors. Finding that it was im-
possible to purchase any adequate amount of supplies on the
credit of the State, the Executive in two communications dated
the 8th of November and 7th of January, suggested to the State
Treasurer, the propriety of using for purposes of frontier defence,
the amount in the Treasury on account of University Land
sales ; but the opinion of that officer was adverse to the propo-
rtion, and that fund amounting to $34,708 14 still remains in
the Treasury.

The Executive, believing that the Legislature would not
repudiate a ple;lgc made under such circumstances, procured
ot Mr. 8. M. Swcnson, two months supply of rations, with a
guarantee that the same should be paid as soon as your honor-
able bod; met. This supply will be exhausted by the time
more enc be sen' forward, and to your earnest consideration the
matte, i -ommended.


It will I from the j>1 tin statement of facts given above,

th it from the time of liis inauguration, up to the present time,
the Executive has devoted all the energies at his command to
tii- defense of the frontier. He lias called into service a num-
| il th" in ist experienced ranging officers in tin- State and

i tlicin tio.ips obtained in counties capable of furnishing
the beat Indian lighters in the world. Not only in the number,
lnit in tin' equipment of the troops, the means he lias adopted

rentier defense have been adequate to more than the reason-
able Hin of the country. Besides these, he has provided
inty with a minute company for its own defense, formed
m citicens. It these endeavors have not sufficed to
protect the country, n i exertions which he oouid have made,
would have done

In March last, the Executive tended to the Secretary of War
ol the United States, 5000 Texian Volunteers to aid in defense

b frontier, The offer was declined. Efforts have been
m id>- t'» induce Congress to pass a bill authorizing the calling

Loh a force into the Held; but they have been thus far
suisucceesfuL The Federal Government has, however, from
time to time sent re-mforcements of the regular army to Texas,
until the entire force on our border comprises about one-fifth of
our entire army. These prevent the invasion of our soil of any
Bnmaroui body "t Indians, and occasionally intercept small

ing parties ; but to entirely cheek the latter, a more active
lary, which should be constantly employed in

• ing the country.

The militia act passed bj the last legislature was found by
tic- Executive to contain conflicting provisions, which prevented
it- being put in operation. The necessity of rendering it entirely
practicable, is respectfully presented to the Legislature.

A OOrdi Ig to the estimates made, which were laid before the

Legislature, the ordinary expenses of government exceeded per
annum the amount received from revenue.

Th - extraordinary expense arising from the construction of

the In»an< Asylum and other causes, as well as the balances due
from formes years 1 have greatly increased this deficiency, and
a- a oonsequence, tic Treasury is now without means to defray
the expense! of government for the present year.

Executive has endeavored, so far as the law give him
aontrol, to reduce the expenditures of Government to an econo-
mical basis ; but his power is extremely limited, and his
avors in th: have of course been governed by the

appropriations made by the Legislature.


The Executive deemed it his duty on the 8th of February,
I860, to send a special message to the Legislature, showing the
condition of the Treasury, and urging the adoption of such
measures as would prevent its embarrassment. There remained
in the Treasury, on the 1st day of February, but $219,000,
agaiust which stood the amount due on account of appropria-
tions made by the present and previous Legislatures, estimated
at $508,582 74. To show the rapid depletion which followed,
it may be stated that the State Treasurer, on the 15th of Feb-
ruary, reported but $232,903 21 in the Treasury, which included
the University Fund, amounting to $109,472 26. There was
therefore, to sustain the civil list, but $123,430 95. The
balance still due on appropriations were to be paid, and the
Government to be sustained until the whole revenne come in,
which was estimated by the Comptroller to be $343,447 95.

In presenting the condition of the Treasury to your honorable
body, the Executive urged the necessity of increased taxation.
The Legislature, however, did not second his views, and an act
was passed in lieu thereof, providing for the payment of inter-
est on treasury warrants. Much difficulty was experienced in
putting this act into operation, and the Comptroller did not
consent until the 1st of June, to issue the warrants. Since that
period they have been issued for all claims for rangers pay, and
since the University Fund has been exhausted, for other claims
connected with the frontier service, where parties would take

No one could have more regretted the delay in putting this
law into execution, than the Executive. It was a measure cal-
culated to sustain the faith and credit of the State ; and it has
done so to a material extent. The warrants were purchased at
from 85 to 95 cents on the dollar, the purchasers relying for
payment on the collection of the money due by the Federal
Government to Texas, for expenses incurred in defending the
frontier ; and it was not until the prospect of obtaining that
money was understood to be uncertain, that they depreciated to
any great extent. At present there is scarcely any demand for
them, even at a ruinous discount.

The Legislature will at once see the necessity of providing
means f«»r the redemption of the warrants, with the interest.
Not only the holders of those already issued, but a large num-
ber of rangers yet to be paid, have a right to expect that the
public faith shall be maintained. The Legislature should see
to it, that the brave men who have, regardless of privation and
danger gone to the defence of the frontier, are not deprived of


justly due them. They have already beeo compelled to

. a considerable portion to obtain money to m (el their

Many are yet holding their warrants in the hope

tli it justice will be done them Th Be yet to be paid, look

alike, to the Legislature. Those now in the fii Id will be Btimu-

Sorts in behalf of the frontier, [f they find that

their seal snd courage is appreciated and provision is made to

r i ense their toil.

The Executive regrets to be compelled to inform the Legis-
lature, that none of the money appropriated by the United
- C ogress, to reimburse the State, for expenses incurred
in <!• fi ndrog the frontier against Indians, has yet been obtained.
There was appropriated, by act of Congress, oi March 3, 1859,
: |53,000 } |nd on the 21st dune, I860, the sum of
$123,44451, for this purpose. No Btepa had been taken for the
collection of the amount due on the first appropriation, when
the I itive came into office. On the L6thoi March,

l I, instructions were Bent to the Comptroller, to forward to
the War Department at Washington, duplicate copies of the
ter roils, vouchers, &&, necessery to obtain the amount paid
by ti: 3l - for the services of six companies of rangers, called
jnt«. y Gen. Persifer F. Smith, in 1354, provided for by

icl i « longress of .March ."5. 1859.
The Comptroller declined to Bend the vouchers nee assary to

tllection of the amount. It was the intention of

nive to oolicit the services of one or more of our mem-
then at Washington, in the settlement of our
. and when the amount due the State was ascertained,
t , ..i,i. mi I ' 8. Treasury drafts, which could have been cashed
I by the Comptroller at par, and thus all the expenses of a
d agent would have been avoided. The Executive, again,
on the 9th of October, requested that the vouchers for the whole
A as early a day as practicable, the Comp-
troller having informed him that they w< re ready tor transmis-
! >n the 3rd of November, desiring to facilitate and hasten the
i of this amount, the Executive notified the Comptrol-
I r of his intention to appoint Geo. J. Durham, EiSOj., chief clerk
ot the Comptroller's office, as agent to bear the muster rolln,
. •. A. • . t i Washington, and to attend to the collection

sf tie- claim. On the 5th of November a communication wan

from tie- Comptroller, declining to place the papers in

I Mr. Durham, and on the 28th November, Mr.

D lined to accept the appointment, which in the

'. been tendered him.


The only obstacle in the way of the prompt collection of the
amount has been the fact, that the vouchers have not been
placed in the possession of the War Department. Until this
is done the money cannot be obtained. The vouchers are in
the possession of the Comptroller, and it has been in his power
at any time to transmit them either in person, or by some sale
hand to the Secretary of War. When the claim has progressed
thus far toward a settlement, the Executive will direct his
<jpdeavors towards securing all that may be justly due the State.
It is also proper to state that since the letter to the Comp-
troller of October last, stating that the muster rolls, &c, were
ready far transmission to Washington, the Executive has been
notified that five of the rolls, representing about $40,000 of the
amount due, are lost.

An examination of the facts presented, will furnish the Legis-
lature the data upon which to base their action in reference to
future operations of the Treasury. It will be seen that there is
already a defect in the revenue necessary to meet the civil
expenditures. The ordinary expenses of the Government until
the taxes come in in June, will be about $30,000 per month.
The defecit already existing added to this amount will consume
the entire amount then received, and leave the government
totally unprovided for for another year. Not only this is to be
provided for,but the treasury warrants now in circulation are to
be paid, as well as those Rangers who have been and are now in
service ; and means are to be provided for the future defense of
the frontier.

From the Report of the Comptroller, hereunto appended, and
made a part of this message, it will be seen that from the 21st
of December, 1859, to the 19th of January, 1861, there had
been paid out from the Treasury in cash, the sum of §763,394 65,
and that ten percent Treasury warrants had been issued, amoun-
ting to $12\),556 99, making a total of §892,951 64. Of this
amount there was expended

For the Cortina war, §137,828 10

" Expenses of Legislature, 94,997 01

11 Pay of Ford, BoUrlandand Brown's Corn's., 60,445 02
" Supplies furnished Capt. Williams, 7.423 46

" Construction of Lunatic Asvlum, 33,361) 12

" Machinery of Penitentiary, 27.000 00

" Improvement of Bays and Rivera, 68,270 40

" Improvement of Capital Grounds, 4.771 Ofl

u Debt of the late Republic, 12,391 C4

Total, $446,495 83.


This entire amount was paid upon expenses ordinary and ex-
iin.-irv. incarred prior to the commencement of the term of
the present Executive, excepting a portion of the amount paid
for expenses of the Legislature. Of the balance, 1446,495 83,
i ostderable portion is of the Bame character, or for special ap-
propriations not included in the ordinary appropriations of Gov-
ernment It will be seen that the entire amount <>t' money used
by the Executive for the defence of the frontier, is 976,937 73,
and that the entire amount of warrants issued for the same ser«
| 2,843 39, makings total of $139,781 03. Deducting
this from the above $440", 45.*) 82, it will he seen that the amount
expended in the past year for the ordinary expenses of Govern-
ment, including such special appropriations and amounts due as
are not enumerated above, was $306,674 71.

According to estimates made, there is yet due on account of
frontier defence, for pay and subsistence of 23 minute companies,
130,000 00.

Fur pay and subsistence of full companies, 3125,000 00

3155.000 00
Amount paid in cash and warrants, 139,781 12

Showing total coal of frontier defence, 3294,781 11

It is the opinion of the Executive, that the estimate made,
9155,000, will cover the entire indebtedness on account of fron-
tier defence for the past year. The entire operations have been
conducted with the strictest economy. The troops M|ve been
supplied upon contract at exceeding low rates, and all officers
acid to a strict accountability. VThen the nu ober of men kept

in the field, and the distant points to which .supplies have been
neiit are consider d, the entire cost is not great. The expense of
keepings regiment in the field one v*ar, was estimated by the
Comptroller to be 9603,000.
Should a contingency arise by which the Federal army will
-hand'-d, and the Indians now under treaty stipulations with

i' 1 ral Government, and controlled by them, be turned
inpropriations will be necessary for the defence of
our frontier. But should the present state of things continue,
it will \>r necessary to maintain a I'mee of rangetS in the tield.
The frontier must be defended in any event, and it it* not improb-
able that the financial difficulties already attending the Gov-
ernment, will be felt in the Indian Department, and there may

ulurea in carrying out the treaties with the Indians. Trouble
will ensue much ot which will be felt by our border. The


Executive would therefore present the following estimates to
sustain the Government the present year, and to meet defic-
iences :

Amount due for Rangers' pay and subsistence, $155,000 00
Interest warrants in circulation, 129,55(5 99

Defence of Frontier, 500,000 00

Ordinary expenses of Government, see Comptroller's

Report for September 1st, 1859, 331,400 00

Amount due on outstanding debt, 50,000 00

Amount of debt of Republic, which will be called lor 10,000 50

Total, $1,175,956 99

The expenses of the present session of the Legislature are also

to be provided 'for.

Total receipt to August 31st. 1861, see Comptroller's

Report, September, 1859, $343,344 27

Amount in Treasury subject to disbursement, Janu-
ary 19th, 1861, per Treasurer's Report, 14,785 62

Total, $358,129 89
The peculiar altitude of our relations with the Federal Gov-
ernment will, I trust, command the earnest attention of the
Legislature, While the proud structure of Government, built
by our fathers, seems tottering to ruin, and some of its pillars
are already torn loose by the hand of internal dissension, we
may not alone contemplate the scene and await its total down-
fall. Aspaitsyetot that structure, the solemn duty presses
upon us* to prove faithful to the trust imposed by the patriots
and sages of the past, and to restore it to its original pride and
grandeur if we can ; and if we cannot, to see that our own liber-
ties perish not beneath its ruins.

The election uf the Black Republican candidates to the Presi-
dency has involved the issue of the permanency of the Govern-
ment, upon the basis laid down by its founders. The principles
of their party, as developed in the passage of laws in many of
the States, subversive of onr rights and in continual aggressions
upon our institutions, have at last obtained a foothold on the
Government itself. The struggle has been long, and the en-
croachment gradual, and at last, through our own folly and dis-
sension alone, has resulted in placing one Department of the
Government in the hands of those who have aggressed upon us.
The question ppesses itself upon onr consideration, whether tis
best to abandon the Government and acknowledge that our Con-*
rftitution is a failure, or to maintain in tiie Union a very consti-
tutional right guaranteed to us.


The L'ti> varices of which wc complain have thus far originated
with the States, and ii >t with the Federal Government They
i, k -. . Bgardiag their constitutional obligations, interposed to
obstruct the Federal Government in its efforts to administer the
the ( fovernmenl in accordance with the Constitution; and though
the Government bits not in all eases been successful in its efforts
in «-ur behalf ye( there has been no lack of willingness on its
i» nt. TK" prospect, however, of the Government going into the
1 Is of a party, whose disregard of the Constitution is its sole
bond of union, leads to the belief that Federal aggression is inevi-
table, unless such means arc adopted as will not only restrain the
d Linanl party within tlie bounds of the Constitution, but had
it to abandon all designs of perverting the powers of Govern-
ment to serve its unconstitutional aims.

Wnr Governments tunned in an hour and human liberty the
natural result ol revolution, less responsibility would attach to
m as ere consider the momentous question before us. A long
Struggle, amid bloodshed and privation secured the liberty which
I m I d our boast tor three-quarters of a century. Wisdom,
patriotism, and the noble concessions of great minds, framed our
Constitution, Lone; centuries of heroic strife attest the progress
of freedom to their culminating point. Ere the work of centu-
ries is undone, and freedom shorn of her victorious garments, is
started out once again on her weary pilgrimage, hoping to find
niter ( enturies have passed away another dwelling place, it is not
unmanly to pause and at least endeavor to avert the calamity.

Ti. itive feels as deeply as any of your honorable body,

the necessity for such action on the part of the slaveholding
Stab - ss prill secure to the fullest extent every right they pos-
sess. Self- preservation, if not a manly love of liberty inspired
i or past bistory, prompts this determination But he cannot

le 1 tb it tin se dictate hasty and unconcerted action, nor can he

DCile to his mind the idea that our safety demands an imme-
diate separation from the Government, ere we have stated <>ur
gtievano - or demanded redress A high resolve to maintain our
constitutional rights, and railing to obtain them, to risk the
perils of revolution, even as our fathers risked it, should, in my
opinion, actuate (very citizen of Texas; but we should remeni-
1 iiii w- owe duties and obligations to States having rights
in common with us, and whose institutions .ire the same as ours.
- i • > 1 1 can come upon us which will not be visited upon
th' in. and whatever our action may be, it should be of that cha-
r which will bear US bl imeless to posterity, should the step
I ktul to the interests of those States.


While deploring the election of Messrs. Lincoln and Hamlin,
the Executive yet has seen in it no cause for the immediate and
separate secession of Texas. Believing, however, that the time
had come when the Southern States should co-operate and
counsel together, to devise means for the maintain ance of their
constitutional rights and to demand redress for the grievances
they have been suffering at the hands of many of the Northern
States, he has directed his efforts to that end. Believing that a
convention of the character contemplated by the Joint Resolu-
tion of February 16th, 1858, would be held, and desiring that
the people of Texas should be represented in the same and have
full opportunity to elect delegates reflecting their will, he ordered
an election for that purpose to be held on the 1st Monday in Feb-
ruary next. Although since that time four of the Southern
States have declared themselves no longer members of the Union,
yet he confidently looks forward to the assembling of such a
body. A majority of the Southern States have as yet taken no
action and the efforts of our brethren of the border are now di-
rected toward securing unity of the entire South. The interest!
of Texas are closely identified with the remaining States, and if
by joining her councils with theirs, such assurances can be
obtained, of a determination on the part of the Northern States
to regard our Constitutional rights, as will induce the States
which have declared themselves out of the Union, to rescind
their action, the end attained will silence whatever reproaches
the rash and inconsiderate may heap upon us.

Texas, although identified by her institutions with the State*
which have declared themselves out. of the Union, cannot forget
her relation to the border States. Pressed for years by the whole
weight of abolition influence, these States have stood as bar-
riers against its approach. Those who ask Texas to desert them
now, should remember that in our days of gloom, when doubt
hung over the fortunes of our little army and the cry tor help
weal out. while smrH' of those who seek to induce us to follow

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Online LibraryTexas. Legislature. House of RepresentativesJournal of the House of Representatives of the State of Texas [serial] → online text (page 2 of 23)