It is hard to determine just what was the status of Johnson's command. Some of his men—they were nearly all from the United States—had undoubtedly enlisted regularly as volunteers before going to Bexar (See Proceedings of the General Council, 74). After the surrender of Bexar they claimed that they had volunteered with the express stipulation that they were not to be commanded by an officer of the regular army nor subject to regular discipline (see above, page 237). The military committee of the general council, considering the matter, January 14, reported that while they could not advise a departure from the laws adopted by the Government regulating the volunteer service,” yet they thought the question was “quite immaterial in effect.” The auxiliary volunteers were subject to the governor and general council, and so were Johnson's volunteers, therefore your committee “advise that Colonel Johnson have the approbation of this Government to conduct the volunteers” under his command “as the officer of the Government” (Proceedings of the General Council, 316). It appears, then, that this was an independent force subject only to Johnson and the government. When Houston was elected by the convention (March 5) to command all the forces to be called into service it had perished.
