VOLUME XII. APRIL, 1909. NUMBER 4.
THE QUARTERLY OF THE TEXAS STATE HISTORICAL ASSOCIATION
PUBLICATION COMMITTEE:
A. W. TERRELL,
GEORGE P. GARRISON, BRIDE NEILL TAYLOR,
Z. T. FULMORE, W. J. BATTLE.
EDITOR:
GEORGE P. GARRISON.
ASSOCIATE EDITORS:
HERBERT EUGENE BOLTON. EUGENE C. BARKER.
- THE NAVY OF THE REPUBLIC OF TEXAS, II Alex. Dienst
- THE CASE OF THE BRIG POCKET C. T. Neu
- REMINISCENCES OF JNO. DUFF BROWN.
- BOOK REVIEWS AND NOTICES.
- NOTES AND FRAGMENTS.
- AFFAIRS OF THE ASSOCIATION.
CONTENTS.
The Texas State Historical Association.
PRESIDENT:
A. W. TERRELL.
VICE-PRESIDENTS:
BEAUREGARD BRYAN,MILTON J. BLIEM,
R. L. BATTS,LUTHER W. CLARK.
RECORDING SECRETARY AND LIBRARIAN:
GEORGE P. GARRISON.
CORRESPONDING SECRETARY AND TREASURER:
CHARLES W. RAMSDELL,
EXECUTIVE COUNCIL:
PRESIDENT A. W. TERRELL,
EX-PRESIDENT DUDLEY G. WOOTEN,
EX-PRESIDENT DAVID F. HOUSTON,
FIRST VICE-PRESIDENT BEAUREGARD BRYAN,
SECOND VICE-PRESIDENT R. L. BATTS,
THIRD VICE-PRESIDENT MILTON J. BLIEM,
FOURTH VICE-PRESIDENT LUTHER W. CLARK,
RECORDING SECRETARY AND LIBRARIAN GEORGE P. GARRISON,
CORRESPONDING SECRETARY AND TREASURER CHARLES W. RAMSDELL,
STATE LIBRARIAN E. W. WINKLER.
Z. T. FULMORE FOR TERM ENDING 1909.
FELLOWSHERBERT E. BOLTON FOR TERM ENDING 1910.
JOHN C. TOWNES FOR TERM ENDING 1911.
BRIDE NEILL TAYLOR FOR TERM ENDING 1911.
S. P. BROOKS FOR TERM ENDING 1910.
MEMBERSS. H. MOORE FOR TERM ENDING 1909.
DORA FOWLER ARTHUR FOR TERM ENDING 1912.
W. J. BATTLE FOR TERM ENDING 1913.
The Association was organized March 2, 1897. The annual dues are two dollars. THE QUARTERLY is sent free to all members.
Contributions to THE QUARTERLY and correspondence relative to historical material should be addressed to GEORGE P. GARRISON, Recording Secretary and Librarian, AUSTIN, TEXAS.
All other correspondence concerning the Association should be addressed until further notice, to CHARLES W. RAMSDELL, Corresponding Secretary and Treasurer, AUSTIN, TEXAS.
FELLOWS AND LIFE MEMBERS OF THE ASSOCIATION
The constitution of the Association provides that "Members who show, by published work, special aptitude for historical investigation may become Fellows. Thirteen Fellows shall be elected by the Association when first organized, and the body thus created may thereafter elect additional Fellows on the nomination of the Executive Council. The number of Fellows shall never exceed fifty."
The present list of Fellows is as follows:
BARKER, DR. EUGENE C. LOOSCAN, MRS. ADELE B.
BATTS, JUDGE R. L. MCCALEB, DR. W. F.
BOLTON, PROF. HERBERT EUGENE MILLER, DR. E. T.
CASIS, PROF. LILIA M. PENNYBACKER, MRS. PERCY V.
CLARK, PROF. ROBERT CARLTON RAMSDELL, MR. CHAS. W.
COOPER, PRESIDENT O. H. RATHER, DR. ETHEL ZIVLEY
COX, DR. I. J. SHEPARD, JUDGE SETH
ESTILL, PROF. H. F. SMITH, PROF. W. ROY
FULMORE, JUDGE Z. T. TERRELL, JUDGE A. W.
GAINES, JUDGE R. R. TOWNES, PROF. JOHN C.
GARRISON, PROF. GEORGE P. WILLIAMS, JUDGE O. W.
GRAY, MR. A. C. WINKLER, MR. ERNEST WM.
HATCHER, MRS. MATTIE AUSTIN WOOTEN, HON. DUDLEY G.
HOUSTON, PRESIDENT D. F. WORLEY, MR. J. L.
KLEBERG, JUDGE RUDOLPH, JR.
The constitution provides also that "Such benefactors of the Association as shall pay into its treasury at any one time the sum of thirty dollars, or shall present to the Association an equivalent in books, MSS. or other acceptable matter, shall be classed as Life Members."
The Life Members at present are:
AUTRY, MR. JAMES L. KIRBY, MR. JNO. H.
AYER, MR. EDWARD EVERETT MCFADDEN, MR. W. P. H.
BAKER, MR. R. H. MINOR, MR. F. D.
BRACKENRIDGE, HON. GEO. W. MOODY, MR. W. L.
BUNDY, MR. Z. T. MOREHEAD, MR. C. R.
COCHRANE, MR. SAM P. NEALE, MR. WM. J.
COURCHESNE, MR. A. RICE, HON. W. M.
CRANE, MR. R. C. SCHMIDT, MR. JOHN
DAVIDSON, MR. W. S. SEVIER, MRS. CLARA D.
DEALEY, MR. GEORGE B. SUMPTER, MR. JESSE
DILWORTH, MR. THOS. G. WALKER, MR. J. A.
DONALDSON, MRS. NANA SMITHWICK WASHER, MR. NAT M.
WEBB, MR. MACK
GILBERT, MR. JOHN N. WILLACY, HON. JOHN G.
HANRICK, MR. R. A. WILLIAMS, JUDGE O. W.
KENEDY, MR. JNO. G.
Vol. XII. APRIL, 1909. No. 4.
The publication committee and the editors disclaim responsibility for views expressed by contributors to THE QUARTERLY.
V. THE LIBERTY.
While, as noted in the last chapter, instructions were being carried to Captain George Wheelwright, the newly appointed commander of the Liberty, Captain William S. Brown, intent upon a capture, was cruising on the high seas with the Liberty, seeking Mexican vessels. On March 3, 1836, he fell in with the Pelícano, a trading schooner, commanded by Captain Pérez. 1 The Pelícano was cleared from the port of New Orleans on February 25, 1836, by James W. Zachari, with a cargo purporting to consist of 550 barrels of flour; but in each barrel after the capture it was found that there were concealed three kegs of gunpowder intended for the Mexican army. The Pelícano was a Baltimore built vessel of the first class, carrying three large brass pieces, and having on board, besides her crew, twenty soldiers, double armed with muskets. 2 As the Liberty carried but four small guns, she was really venturesome to attempt the capture, especially as the fight took place within point blank range of the guns of the port of Sísal. Three of the Liberty's men, led by James O'Connor, 3 boarded the Pelícano. Before others could go to their assistance they killed seven marines, and caused several others to jump overboard, and the remainder to seek refuge beneath the hatches. The prize was manned with a crew and carried to Matagorda Bay, where she was wrecked in attempting to cross the bar. 4 The cargo, however, was saved. In landing, some of the barrels were stove in, and it was then that they were, upon examination, found to contain powder. 5
It seems that Zachari and Company denied that the powder was on board the Pelícano. When this denial came to the knowledge of Captain Brown, he addressed the following letter to John Gibson, editor of the True American, a paper friendly to Texas:
GALVESTON BAY, May 8, 1836. To the Editor of the True American.
SIR—By Capt. Appleton, I am informed that J. W. Zacherie denied that there was any Powder on board schooner Pelicano. I do assure you that there was 280 kegs—whether he knew it or not, I am not able to say. In addition to the above quantity, there were a number stowed in barrels of apples, potatoes, etc. I have found a number of letters on the Prize which proved the above fact. I feel it to be my duty to state these facts in regard to the Powder. There was no mention made of it on the manifest.
My situation requires that I should keep a constant lookout, and when I see the Mexican flag flying, I shall either take it or be taken. I can not fly from a Mexican, and will not.
Respectfully yours, W. S. BROWN, Commander Schooner Liberty. (Texian.)
In a proclamation of March 31, 1836, General Houston refers to the capture of the Pelícano as follows: "Captain Brown, with one of our vessels, has taken a Mexican vessel with 420 barrels of flour, 300 kegs of powder and other supplies for the army." 6
From the date of Captain Brown's letter above, it is evident that he was in Galveston Bay May 8, 1836. Whether he relinquished the command of the Liberty at this time to George Wheelwright, who had been commissioned on March 12, there is no evidence to show; but from a short sketch of Brown, which afterwards appeared in the Telegraph and Texas Register, 7 he seems at about this time to have committed some act which caused Commodore Hawkins to order his confinement in irons, and for this he resigned. In the summer of 1836 President Burnet gave him another commission, with the express understanding that he was not again to be subject to the order of Commodore Hawkins. He went to New Orleans to get a boat and there died. 8
It is very probable that in May or June, 1836, Captain Wheelright took command of the Liberty, but her next cruise to New Orleans was her last. She accompanied as a convoy the schooner Flora with the wounded General Sam Houston on board, and arrived at New Orleans May 22, 1836. 9 She was here detained on account of repairs, and in July was sold to pay the cost of them. 10 In the legislative halls of Texas we hear an echo of the Liberty in after years in the form of a petition from the captors of the schooner Pelícano for their share of the prize. The petition was favorably reported by the Judiciary Committee, whose report recites, among other things, that the district court of Brazoria county, which by law was invested with admiralty jurisdiction, had duly condemned the Pelícano and her cargo as lawful prize; that the value of the cargo of flour was $7584.05; and that half of that amount was due the captors. 11 The committee, therefore, recommended a joint resolution for the payment of their just share to the officers, crew, and marines of the Liberty. James O'Connor, the first man to board the Pelícano, was to receive an extra share. 12
This closes the history of the Liberty, whose career, while brief, was not unworthy of her name, save in her ending, which, if a reflection at all, is rather on her government than on herself.
VI. THE INVINCIBLE.
In Chapter IV the Invincible was left at the point where, on March 12, 1836, Captain Jeremiah Brown was appointed by the General Consultation to her command. 13 With his commission he also received orders to cruise along the coast and engage or drive off the Mexican war vessel, Montezuma. This vessel had so far done no great harm to the Texan interests, but since she was first reported off the Texan coast in November, 1835, shippers had lived in constant dread of her. After patroling the coast for some time, Captain Brown received a hint to search for the Montezuma near the mouth of the Rio Grande. He arrived there opportunely. An embargo had been laid by the Mexican government on all vessels in the port of Matamoras in order to prevent information reaching the Texans of an expedition which was being prepared to land two thousand men at Cópano Bay. The Montezuma, now rechristened the Bravo, 14 had just crossed the bar at the mouth of the Rio Grande, which is some thirty-five miles from Matamoras, and had lost her rudder. On the third of April, at ten o'clock a. m., while she was waiting to refit inside, the Invincible came in sight from the north. At 12 o'clock she came opposite, and Lieutenant William H. Leving, in a small boat, went on board the Bravo. The Bravo, becoming suspicious, slipped her cable and endeavored to retreat with Lieutenant Leving on board. A sharp engagement then took place. The Bravo could not be steered, and ran aground near the north beach, where she was almost completely wrecked by a broadside from the Invincible. The crew reached the shore in safety, carrying with them Lieutenant Leving. The Invincible sustained no damage, but Lieutenant Leving was shot as a pirate on April 14, 1836.
While the action was going on between the Invincible and the Bravo, at two p. m. the Pocket came in sight. This vessel was from Boston, commanded by Elijah Howes, who sailed from New Orleans on the 28th day of March, laden with a cargo, shipped by Lizardi and Company of that city, generally understood to be Mexican agents. Captain Brown captured the Pocket and sailed into Galveston, where it was detained. Captain Howes and some of his crew proceeded to New Orleans, where he filed with the United States district attorney a protest against the capture. This reads as follows: 15
. . . at half past two o'clock P. M. saw two sails off the Brassos, St. Jago, which fired several guns each; . . . in a short time the schooner which carried the Mexican flag bore away and stood for the shore, and the other vessel tacked ship and stood for his brig, she being about three or four miles distant; . . . they kept this course and said vessel run a short distance to the windward and spoke them . . . The captain answered he was from New Orleans, and bound for Matamoras. The schooner that made these inquiries, proved to be the Texian armed vessel Invincible, Brown, commander, who ran a short distance past them, and then tacked ship and ran close to the windward of them. That said schooner then sent her boat on board the brig, with orders to Captain Howes, to proceed on board the Invincible with his papers, which was accordingly obeyed; . . . Abbott, sailing master of said vessel,—with one officer and several armed men took charge of the brig, . . . [and] the Texian flag of 1824 was hoisted in its place at the main peak of the Invincible. . . .
The protest then recites that, after remaining at this point for two days, the two vessels sailed together, reaching the mouth of the Brazos after a voyage of forty-eight hours. On arriving at Galveston the next day, they were detained there until April 24, 1836, when Captain Howes and his crew received permission to sail for New Orleans. They were informed by the Texan authorities that the Pocket would be retained as a guard ship. Upon this Captain Howes told them that he would abandon her. This he did, losing cargo, freight, and passage money. He arrived at New Orleans on the tenth day of May, and noted this protest:
And thereupon these said officers, and especially the said master, did protest, and with them I, notary, at their request, do most solemnly and publicly protest:
First, against the winds and the waves and the danger of the sea generally.
Second, against the illegal capture and detention of the aforesaid vessel and cargo.
The Invincible was denounced as a pirate to Commodore Dallas, who was commanding a United States squadron at Pensacola, and he ordered the sloop Warren to capture her, which was done on May 1. 16 The Invincible was carried into New Orleans, and forty-six of the crew were imprisoned. Captain Brown was not on the vessel when it was captured. On May 4, the prisoners were called for trial; but witnesses for the prosecution did not appear, and the case was postponed until the 6th, 17 when it was taken up before Judge Rawle of the United States district court. 18 The lawyers for the defense were Messrs. Seth Barton, Randall Hunt, and O. P. Jackson. But four witnesses were examined. Three officers of the Warren testified that they had taken the Invincible on charges preferred against her by an insurance company of New Orleans that she had detained an American vessel. The court here adjourned until the following day, when the case came up again. No affidavits appearing, and no evidence being introduced to warrant a commitment for trial, the prisoners were discharged. The Commercial Bulletin 19 reviewed the case as follows:
. . . We have never seen a finer collection of robust, and honest faced tars, than the prisoners, and in a good cause, we should ever hope, that they might prove invincible. . . .
The defense of the Texans was that the vessel was captured in Mexican waters for contravening the laws of the Republic, i. e. Texas, by having on board contraband goods, powder, etc., and for contravening the laws of Nations by having on board material of war for the use and advantage of Santa Anna, who was impatiently awaiting the same. . . . They also said the vessel was detained for examination, by reason of her having two of Santa Anna's spies on board, with plans and charts to aid in the downfall of Texas, which was proven. The captain not being able to read Spanish in which the invoices and correspondence were written carried her before the admiralty court of Texas, where the truth came out. The court finding the Pocket laden with contraband goods, purchased with Santa Anna's money by his agent Lizardi, condemned them as a lawful prize, paid the captain his freight, nine hundred dollars, and later dismissed the vessel as neutral.
Captain Brown now came forward and was arrested, but was immediately released and thus escaped the preliminary jail term which the crew suffered. The episode closed with a letter of thanks from the Texans in New Orleans to the attorneys for the defense for their efficient service, part of which is as follows: 20
NEW ORLEANS, May 7, 1836. To Seth Barton, Randal Hunt and O. P. Jackson, Esqrs.
Gentlemen: We the undersigned citizens of Texas, embrace this opportunity of expressing to you our most heartfelt gratitude, in behalf of the officers and crew of the Texian man of war schooner Invincible, that of our country and ourselves, for the very able, lucid and eloquent manner, in which you defended the noble and grateful crew, from the false imputation of piracy, brought against them by the secret Mexican influence of this city. . . .
If in some future day you should visit our beautiful land, which is destined to be one of the most prosperous and happy on earth, your reflection must be pleasing indeed, to know you were among the number who voluntarily contributed to our righteous cause.
THOS. J. GREEN, Brig'r Gen. of the Army of Texas. A C ALLEN SAMUEL M. WILLIAMS S RHOADS FISHER JAMES POWER EDWARD CONRAD HENRY AUSTIN EDWARD HALL SAMUEL ELLIS Ro. WILSON T. G. WESTREN D. C. BARRITT WM. BRYAN, Texas Agent.
All claims against Texas on account of the Pocket were finally settled by a convention between the Texan government and that of the United States, the ratifications of which were exchanged July 6, 1838. The amount agreed upon was $11,750, which was paid, together with accrued interest, July 6, 1849. The whole amount was $12,455. 21
After her release the Invincible was used for coast defense. In June, 1836, she figured in another exciting incident. In accordance with the treaty of Velasco, concluded May 14, 1836, the Texan government determined to transport President Santa Anna to Vera Cruz, and for that purpose he had already embarked on the Invincible, when, on the 5th of June, General Thomas Jefferson Green arrived with volunteers from New Orleans in the Ocean, and forbade the Invincible to sail. 22 Whether or not it was for the good of Texas that Santa Anna was detained and whether or not the government could have prevented the detention, will always remain debatable questions; but it is in any case a fact that Texas violated a treaty in permitting it.
The Mexican navy at this time was ascertained to be lying in port, wanting men, arms and other equipment; 23 so the Invincible remained riding at anchor off the bar of Velasco, until July 4, when, as already related, she went to the relief of the schooner Brutus, 24 which was blockaded at Matagorda by the Vencedor del Alamo. This vessel had been dispatched from Vera Cruz to protect the Mexican schooners, Comanche, Fanny Butler, and Watchman, which were laden with provisions for the Mexican troops. 25 Finding that the Texans had already intercepted these vessels, and appropriated their cargoes, the Vencedor del Alamo very wisely returned to Vera Cruz. 26 There the Invincible finally found and challenged her to battle, which was declined on the pretext that the crew of the vessel challenged were, for want of pay, not in a condition to fight. Later the Invincible fell in with a French vessel, and Captain Brown had to explain that he was not a pirate, but was sailing under the flag of Texas. The captain of the Frenchman was greatly surprised; for he had never heard of such a country, and did not know where it was; and he could not realize the fact of the creation of a new republic, not known to him. 27
The Invincible now went to New Orleans; and after taking on board as passengers Branch T. Archer and William H. Wharton, she left, on July 13, 1836, for Galveston. 28 From here she cruised to Velasco, and about August 4 29 was ordered by President D. G. Burnet to New York for much needed repairs. She reached there in September, 1836. Unable to leave for want of funds, she might have been sold to meet expenses, but Hon. Samuel Swartwout paid her liabilities and let her go. She escaped arrest for violation of the neutrality laws of the United States only by running away from the vessel sent in pursuit of her. On March 14, 1837, she reached Galveston once more.
In the preceding October General Sam Houston had succeeded to the Presidency of Texas under the permanent government; and, in making his nominations to the Senate for commissions in the navy, he raised the list of officers to a number commensurate with the size of the navy. In April, by orders from the Navy Department, Commander H. L. Thompson assumed the command of the Invincible. Accompanied by the Brutus, he first sailed in June to the mouth of the Mississippi; but, failing to find any of the enemy there, after a cruise of seven or eight days he turned to the coast of Mexico. On board with him was the Secretary of the Navy, S. Rhoads Fisher. The peculiar conduct of Fisher in abandoning his official duties at Houston to join in this cruise, he sought to justify in a letter to Dr. Bartlett, editor of the New York Albion, dated June 17, 1837, of which the essential part is in the following excerpt: 30
It is ten days since I left Houston and immediately joined our little squadron, then lying in Galveston Bay, and after convoying the schooner Texas, ladened with Government stores to Matagorda Bay, up helm and bare away for Galveston, to receive orders from the President; we shall be there tomorrow, and shall stretch to the southward with the hope of falling in with the enemy. I am a volunteer. I can not precisely say amateur, but I have thought for some time upon the expediency of personally taking a part with the Navy, and have decided it was right. I know, you gentlemen of systematized governments will smile at the idea of the "Secretary of the Navy" turning sailor, and may be inclined to consider it better adapted to the adventure seeking disposition of the knight of the rueful countenance; but my opinion is that it will inspire great confidence in the men, and stimulate our Congress to do something for us; for it appears that this branch of national defense has never been popular in its infancy in any country; it ever has been compelled to fight itself into notice and government patronage; such at least I am satisfied is our case, and I think that, my present step is precisely such as will suit the meridian of the views of our Texas population. We must be governed and actuated by such course as may best suit us; we are acting and legislating for ourselves and not for the world, and however at variance our system of policy may be with the preconceived ideas of right or wrong amongst the world at large, I humbly conceive that as we have to lie in the bed, we have the right to make it. Therefore, it is that however quixotic my present step may appear, and indeed for the United States or Great Britain would be, I am satisfied it is right.
In the course of this cruise several pirogues were captured at Mujeres Island. From them sails and provisions were obtained. In one was found a cargo of log wood, which the captain of the pirogue redeemed for $660 when they arrived at Sisal. This place was cannonaded by the Texans for three hours, but the attempt to take it was finally abandoned. The sailors and marines made repeated landings on this cruise and burned to the ground eight or nine towns. On one occasion Secretary of the Navy Fisher and Captain Boylan, then commanding the Brutus, landing with a few men and leaving their guns with their boat, strolled two or three hundred yards from the shore, when they were nearly captured by a small body of Mexican cavalry. Secretary Fisher used a pistol which he chanced to have with him and shot one of the Mexicans from his horse. 31 The Mexican fleet was meanwhile lying at Vera Cruz unmanned. Close to the Alacranes Island, the Eliza Russell, a British schooner in the Mexican trade, and the Abispa, 32 a Mexican vessel having on board a cargo transferred from the British schooner Little Pen 33 that had been wrecked on the island, were added to the list of prizes; but the Eliza Russell was soon released. The British government put in claims against that of Texas for damages on behalf of the master of the Eliza Russell and the owners of the cargo of the Little Pen amounting in the aggregate to about thirteen thousand dollars. The Eliza Russell claim—about four thousand dollars—was finally paid, but that of the Little Pen was not. 34
Concerning the capture of the Eliza Russell, President Houston, in his message of November 21, 1837, expressed himself as follows: 35
A circumstance [that] occurred during the last cruise which was directed by the executive, demands of me in this communication to notice the same to the honorable congress. Orders were issued from the navy department by direction of the executive, to the commander of the navy that all neutral flags should be respected, unless the vessel was bound to an enemy's port, and had on board articles contraband of war. In violation of these orders, the Eliza Russell, an English brig was seized and sent into port, with a valuable cargo of fine goods, but containing nothing contraband of war! Upon information of the circumstances, the executive directed her immediate release, and the payment of damages, so far as he deemed it within his competency. The subject will be presented to Congress by the owner of the vessel, with a minute statement of all the facts. The circumstances of the case were immediately communicated to our commissioner near the court of St. James, and the executive has been assured that the despatch would reach England by the time of his arrival. Other acts connected with the cruise of a character not calculated to elevate us in the scale of nations, were done either without orders, or in direct violation of those which had been issued by the department.
By "other acts," President Houston probably meant S. Rhoads Fisher's absence from the seat of government, and the fact that the Invincivle overstayed the term of her sailing orders nearly two months. For this, and the illegal detention of the Eliza Russell, Fisher and Captain Thompson of the Invincible were suspended by the President from their duties until they could be tried. Fisher's trial took place before the Senate, and resulted in a resolution sustaining the president in his suspension of the secretary, and asking the latter, for the sake of harmony, to resign, while declaring at the same time that he was not found guilty of any crime or dishonorable conduct. 36 The department of the navy investigated the charges against Captain Thompson; 37 but it seems he was spared an earthly trial, for on November 1, 1837, he died. There was one solitary acknowledgment of his brave and splendid services for Texas, the record of which is as follows: "As a mark of respect to the memory of Captain H. L. Thompson, of the Texian Navy, who died this morning, on motion of Mr. Wharton, the Senate adjourned until 3 o'clock P. M." 38 Captain Thompson's experiences could hardly have failed to convince him of the truth in the old adage that republics are ungrateful.
On August 26, 1837, the Invincible and the Brutus, with the Abispa in tow, entered Galveston harbor. The Brutus entered the harbor with the Abispa; but, because of unfavorable conditions, the Invincible remained outside till morning, when she was attacked by two Mexican armed brigs, the Vencedor del Alamo and the Libertador. In coming to her assistance the Brutus ran aground and the Invincible continued the fight alone against both the Mexican vessels. Though both of these could outsail her, they would not risk an attempt to board, and were several times forced to draw away from close quarters. Finally, toward evening, the Invincible abandoned the struggle and undertook to enter the harbor; but in the attempt she also ran aground. The crew were saved, but during the night the vessel went to pieces. 39
On May 23, 1838, President Houston approved a joint resolution authorizing the secretary of the treasury to pay to the officers and crew of the Invincible one-half of the proceeds of the prizes made by said vessel in her last cruise, which had been legally condemned. 40 This is the last official notice relative to the Invincible. Some of the officers and crew we shall find aboard other Texan vessels as we pursue our history. The Invincible did a great service for Texas, and her name should never be forgotten by those who love to give honor where honor is due.
VII. THE BRUTUS.
In the chapter devoted to the purchase of naval vessels a sketch was given of the Brutus—her armament, cost, and the officers appointed on March 12, 1836, to command her. 41 It was also there mentioned that she was intended for the Texan service as early as December, 1835. She was in the port of Galveston, when the Invincible arrived, on April 8, 1836, with her prize, the Pocket. She soon left Galveston, and after a short cruise stopped at New Orleans, during the trial of the crew of the Invincible. When the trial was over, Captains Brown and Hurd boasted that, from that time on, they would warn all United States vessels which they encountered beyond the jurisdiction of the United States against continuing their voyages; and that, if afterwards these vessels should be found doing so, they would be seized and condemned. As the Texas navy was unable to blockade the various Mexican ports and no distinction was made by Brown and Hurd between vessels with and without contraband of war, this was an idle and useless threat. A. J. Dallas, commanding the United States naval force in the Gulf of Mexico, was appealed to to convoy and protect American shipping, 42 and he assured the shippers that he would do so. This was eminently proper at the time, as no blockade of Mexican ports was then in force; but on the 21st of July, 1836, President Burnet issued a proclamation 43 from Velasco, declaring a blockade of the port of Matamoras, and ordering a sufficient number of war vessels to the mouth of the Rio Grande, and the Brazos Santiago to enforce the blockade strictly. Notwithstanding this effective blockade, which it was important for Texas to maintain in order to prevent transports laden with provisions reaching Matamoras from New Orleans, and transports loaded with troops at Matamoras from reaching Texas, Commodore Dallas, on August 9, 1836, wrote a letter from Pensacola, 44 stating that he would despatch a war vessel to the mouth of the Mississippi to convoy any vessels bound to Matamoras, and that he would raise the blockade. This, however, was an actual and legal, not a paper, blockade; and hence, in this case at least, Commodore Dallas was in the wrong and merited to the fullest extent the criticism directed against him by the Texans and the New Orleans press for his arbitrary interference with the struggling Republic of Texas.
On May 20, 1836, the Brutus left New Orleans to convoy vessels to Galveston. From Galveston she sailed for the Mexican coast and soon afterwards was, as has already been related, blockaded in the mouth of the Rio Grande by the Mexican brig of war, Vencedor del Alamo. 45 From this situation she was relieved in July, and soon thereafter was very effectually assisting, in her turn, in the blockade of Matamoras, as ordered by the proclamation of President Burnet.
The following item relative to the Brutus appears in a New Orleans paper the following month: 46
Extract from the log-book of brig St John, arrived yesterday August 3d, in lat. 26 36, long. 87 25, was boarded by the first officer of the Texian armed schr. Brutus, Captain Hurd. The B. has been on a cruise for nearly three months, was in want of provisions—could not supply her with any article except sugar, being short. The officer told Captain Parmly, of the St. John, that the Brutus had a few days before taken a prize and sent her into Galveston—that she had on board $40,000 in specie, and a valuable cargo [?] 47
But a short time later, when the president wished to order a descent on Matamoras for the purpose of capturing military stores known to be there, he learned that Captain Hurd had, without orders, sailed for New York. Hurd's reason for this has never been ascertained. 48 While in the port of New York, between September, 1836, and February, 1837, the Brutus was in danger of being sold to defray her expenses; but, through the agency of Samuel Swartwout, she was freed from debt at the same time that he liberated the Invincible. 49 In March she sailed for Texas; and on the 15th of April, 1837, she again came to anchor in a Texas port, but without provisions and with the larger part of her crew missing. 50
The Independence having been recently captured by the Mexicans, and the officers imprisoned, the Senate and House of Representatives, on April 29, 1837, passed a resolution instructing the president to send the Brutus and the Invincible to Brazos Santiago to negotiate an exchange of prisoners. On May 31, President Houston vetoed the resolution and in a lengthy message pointed out that there was nothing to gain and much to lose by sending the only two remaining war vessels on such an errand; that the prisoners would, on the approach of such vessels, very likely be carried to the interior, and treated more harshly; that any kind of a neutral or unarmed vessel would be better employed to carry such commissioners; and that, finally, he would veto the resolution, if for no other reason, because he considered it an unwarranted interference on the part of the legislative department with his constitutional authority as commander-in-chief of the navy. 51
In June the Brutus cruised with the Invincible along the Mexican coast, with the secretary of the navy on board, as has been told already. 52
In a letter describing this cruise to the secretary of the navy, 53 Captain Boylan says that on July 22 the two vessels captured the Mexican schooner Union, and a few days later the Adventure and the Telegraph—the former of which was burned, though the latter was sent into port for adjudication. On August 12 they captured the Correo, on the 17th the Rafaelita, which, as the Correo Mexicano, had been commanded in 1835 by Lieutenant T. M. Thompson, and soon afterwards the Abispa.
In a letter reviewing the cruise of the Brutus and Invincible, the secretary of the navy declared that their brilliant exploits were attributable to the skill, courage, and determination of the officers and crews; and that, if Congress would only extend its fostering protection and support to the navy, the names of Geo. W. Wheelright, Henry L. Thompson, and Jas. D. Boylan would "stand brightly conspicuous in the pages of our national history." 54
What followed this hopeful prediction is an illustration of the irony of history; Captain Boylan was ordered by the acting secretary of the navy to superintend the collection of evidence concerning the charges preferred against Captain Thompson and the other officers of the Invincible, 55 while the president himself took in charge the head of the navy and secured his removal, as has been shown. In studying the records concerning the trial of these officers, one finds it difficult to believe that they were treated with justice. The one, without being found guilty, was dismissed from service; and what might have been the fortune of the other, but for the fact that death prevented his trial, must remain uncertain. The Brutus did much to help the Republic of Texas in its infancy, and they who served aboard her should ever be remembered by Texans with that degree of respect and admiration to which the heroic pioneers, be their services on sea or land, are entitled.
VIII. THE INDEPENDENCE.
In the study of the beginnings of the Texas navy the incidents connected with the purchase of the Independence have already been recounted. 56 On January 10, 1836, commanded by Captain Charles E. Hawkins, 57 she began her first cruise. From New Orleans she went to Galveston, and then proceeded along the Mexican coast, capturing and destroying a considerable number of small craft, with all material on board that could be used to the injury of Texas. Captain Hawkins, however, always respected the private property of the Mexicans. The Independence returned to New Orleans to refit, and soon after, March 12, 1836, Hawkins received his commission from the General Convention as captain of the Independence. He was senior captain of the Texas navy, and President Burnet, with the consent of his cabinet, appointed him commodore. 58 The Independence thus became the flagship of the fleet. Captain Hawkins was present at the seat of government when he was commissioned, and at once started for Matagorda to join his vessel for a cruise. On the 21st of March, in company with Captain William A. Hurd, he passed through San Felipe, and the editor of the Telegraph and Texas Register 59 said of them:
. . . The chivalry and determined character of these gentlemen is so well known that we are impatient to have them meet the force of the tyrant. Liberty and laurels will then waive over tyranny and defeat.
Arrived at Matagorda, Commodore Hawkins reorganized his corps of officers, 60 and March 20th the Independence started on her second cruise.
After destroying a number of small Mexican vessels during the earlier part of April, the Independence became engaged with two brigs of war, the Urrea and the Bravo, and an unknown schooner, of which the two brigs carried together twenty guns, while the Independence carried only eight. Before beginning the engagement, Commodore Hawkins asked his men if he should do so and was answered with cheers. He then made the attack, but the Mexican vessels soon drew off. The Independence then waited, expecting them to renew the fight; but they did not, and she sailed to Galveston, hoping to return with the Invincible and the Brutus and to capture the Mexican vessels. 61 The plan, however, was not carried out. The Texan government, believing that a descent upon Galveston Island by the Mexicans was to be expected, detained the Independence; to assist in the fortification of the island. 62
While the officers and crew of the Independence were anxiously on the lookout from day to day, to be ready for the reputed invasion by sea, the battle of San Jacinto was fought and won by Texas on the 21st day of April, 1836. The news was brought to Galveston by Robert J. Calder, who had commanded a company in the battle, and Benjamin C. Franklin, who was judge of the admiralty court of the district of Brazos, but had fought as a private at San Jacinto. They made the trip to Galveston in a row-boat, and arrived on the 28th. Captain William S. Brown, of the Invincible, was the first to hail them with the question, "What news?" The account of what followed is taken from the historian Thrall, who had it from Calder himself: 63
"When I told him, his men," says Calder, "literally lifted us on board, and in the midst of the wildest excitement Brown took off his hat and gave us three cheers, and threw it as far as he could into the bay. He then shouted to his men, 'Turn loose Long Tom.' After three discharges, he suddenly stopped and said: 'Hold on, boys, or old Hawkins (the senior commodore) will put me in irons again."' Declining to wait for anything to eat, they were treated to the best liquor on the ship. They entered the captain's gig, and with four stalwart seamen started for the harbor. The Independence, the flagship of Commodore Hawkins, was anchored between them and the landing. As they approached the ship, Commodore Hawkins, with his glass, recognized Franklin and Calder, and began eagerly hailing for the news. When they were sufficiently near to be understood, a scene of excitement ensued beggaring description; and now it spread from vessel to vessel, reached groups on the land, and the welkin rang with shout after shout, until the people were hoarse. Hawkins fired thirteen guns. We suppose this was for the old thirteen colonies, as Hawkins had been in the U. S. navy. When the Commodore learned that they had been fasting for twenty-four hours, he had a sumptuous dinner prepared, and the party did not need much urging to stay and partake of the hospitalities of the old salt. They were staying a little too long, and finally Hawkins hinted that they had better go ashore and report to the President.
President Burnet, who was a great stickler for official prerogative, was a little miffed that everybody on the island should have heard the glorious news before he was notified of the battle and its result; and when the party reached the President's marquee they were received, as Calder says, "with stately courtesy which at first we did not understand, thinking a little more cordiality and less formality would have suited the case and the messengers. This, however (continues our narrative) gradually subsided, and the president, before the interview closed, treated us with that grace and genial courtesy for which, throughout life, he was ever distinguished.
The president hastened to the battlefield; but having arrived there, he thought best to return to the coast. Accordingly, on the 5th of May he and his Cabinet and General Houston, with Santa Anna, Cos, and other Mexican prisoners, took passage on the Yellowstone back to Galveston Island. No accommodations being found there, Santa Anna was transferred to the Independence; and, when President Burnet and the Cabinet came on board, sail was made on the 8th for Velasco, at the mouth of the Brazos. Velasco was the great seaport of the Republic at that time. Arrived at Velasco, President Santa Anna entered into negotiations with his captors, which resulted in a treaty; and one of the stipulations was that he was to be sent to Vera Cruz to carry it into effect. We have already noted how he was taken from the Invincible, 64 which was to carry him and the commissioners to Vera Cruz.
Before this occurred, however, the Independence left Velasco for New Orleans. It reached that city in seven days, on June 13, and, below the Point, announced its arrival by Hawkins' favorite salute of thirteen guns. 65 Peter W. Grayson and James Collinsworth were on board as passengers. They were clothed with full power to negotiate with the United States Government for recognition of the independence of Texas, and left the next day for Washington for that purpose. The Independence cruised thence as far as the mouth of the Rio Grande, and for some reason, possibly for supplies, returned to New Orleans on August 3, 1836. 66 It reported the blockade of Matamoras an effective one, three Texan vessels being on guard.
On the 12th of August, the Independence spoke the schooner of war Terrible at the northeast pass of the Mississippi, and informed that vessel that she was on her way to Matamoras to assist the Invincible in the blockade; when she arrived, however, the latter had left for New York. With the Invincible and the Brutus in New York, and the Liberty detained in New Orleans, Texas now found herself in momentary expectation of an invasion with only the Independence and four small privateers available for the defense of her coast. 67
Toward the end of the year Commodore Hawkins again sailed for New Orleans to refit; and in January, 1837, he died of smallpox at Madam Hale's residence on Canal Street. 68 While he was only thirty-six years old at the time, he had had a varied experience, and had made a favorable impression upon every one with whom he came into contact. When a mere youth he entered the United States navy as a midshipman and was soon promoted to a lieutenancy; but, being of a restless disposition, on the outbreak of the Mexican Revolution he resigned his commission and entered the Mexican service with Commodore Porter with the rank of post-captain. Off Cuba he did excellent service and became a terror to the Spanish shipping. He resigned his position at the end of the revolution and in 1834 was a popular captain on the Chattahoochee River. In the fall of 1835 he joined Mexía's ill-fated expedition as aide-de-camp and after its failure came to Texas. 69 He presented himself to Governor Smith, and received from him the following letter: 70
Executive Department of Texas. To Stephen P. Austin, B. T Archer and Wm H Wharton, Esgrs— Agents of the People of Texas to the United States of America. Gentlemen
This will probably he handed you by Majr Charles E. Hawkins, a gentleman whose experience and ability in naval affairs would render his services acceptable in any govt—and more particularly in ours, which is just emerging from chaos. The zeal and patriotism with which Majr Hawkins has espoused our cause entitles him to the highest commendation. He has identified himself with us by taking the oath and performing the necessary requisites to become a citizen. I confidently hope that you will properly appreciate the worth and abilities of Majr Hawkins and assign him such duties in fitting out our Navy as his experience and abilities will warrant and also, such a command in it as his zeal patriotism and your better judgments may direct. I am Gentlemen,
Your obt servant HENRY SMITH Governor. San Filipe de Austin, Dec 20, 1835
The commission appointed him to the command of the Independence. Soon afterward he was appointed commodore by President Burnet; and, holding that distinguished title at the head of a small but successful navy, he died in the discharge of his duty and in favor with his countrymen.
Owing to Commodore Hawkins's death, there were some changes in the official staff of the Independence; and, when she left New Orleans on what was destined to be her last cruise, April 10, 1837, George Wheelwright was captain, and John W. Taylor, J. T. K.. Lothrop, Robert Cassin, and W. P. Bradburn were lieutenants. 71 A number of passengers were on board, among whom were Col. Wm. H. Wharton, minister to the United States, then on his return to Texas; Captain Darocher, Dr. Richard Cochran, and George Estis, a lieutenant in the Texas navy. They had smooth sailing until the morning of April 17, when the Independence was attacked by two Mexican war vessels; and after a running fight of four hours she was forced to surrender.
Texans who saw only the close of the fight, and were not acquainted with the details, conceived at first that the Independence had struck without a blow; and it was not until an official report of it was sent from Brazos Santiago by the officer in command, and corroborated from other sources, that the Texans would speak of the affair. The following sentiments 72 expressed the voice of the people before and after the official account arrived:
We rejoice that we are at length enabled to furnish the official account of the capture of the Independence. We have hitherto forborne offering any comment upon the former vague accounts of this transaction, as we felt confident that many important facts had been overlooked which would completely exculpate our gallant tars from any disparaging imputation. We confess that when the first news of this combat arrived, containing the intellegence that the Independence had surrendered to two Mexican brigs without having received any injury, and her crew unhurt, a flash of shame and indignation mantled on our cheeks and the exclamation, "30 or 40 cowards and an old hulk are no loss," almost involuntarily fell from our lips; better we thought it would have been if this crew dauntlessly nailing this unsullied flag to the masthead, hurling their mortal defiance to the groveling foe—had fought on, and on, shouting the stern war cry of "victory or death," until the star of Texas, like the "star of day," went down in glory beneath the blood red billows, where foaming crests were singing to the last exulting cry of an unconquered band of freemen.
But the following statements have fully convinced us that we did injustice to these gallant tars, in harboring even for a moment a thought so unworthy of them and of the Texian name.
Far from blaming them for this surrender, we rejoice that they may yet be preserved to ride through the battle storm which shall rend the tyrant banner from the mast it disgraces. This desperate and protracted conflict will long hold a prominent place in the annals of Texas, and like the fall of the Alamo, it shall inspire our children with ennobling sentiments. No flush of shame shall redden their youthful cheeks as they read the page which declares that thirty-one Texians six only of these seamen, in a slow sailing armed schooner, mounting only six sixes and one long nine fought four hours and a half, two Mexican armed brigs, one mounting "16 medium eighteens" with a crew of 140 men; the other mounting "8 brass 12 pounders" and one long eighteen midship, with a crew of 120 men! One is astonished in reflecting that this little vessel was not annihilated by the first broadside from her powerful opponents, her dauntless little crew appear to have been preserved almost by a miracle, and it is cheering to reflect that their heroic conduct has furnished new proofs that our national escutcheon yet remains bright and untarnished. True, the flag of our country has once been struck on the stormy billows of the Gulf, but like the Roman eagle stooping before the sword of Epirus, it has wrung from the abashed conquerer the bitter confession, "Such men are invincible."
The official report 73 of the battle, written by Lieutenant J. W. Taylor, who succeeded Captain Wheelwright in command after the latter was wounded, is as follows:
Brazos de St Iago April 21st 1837 To the Honorable S Rhoads Fisher, Secretary of the Navy
Sir—I have the honor hereby to transmit you an account of the late engagement between our government vessel Independence and two of the enemy's brigs of war, one the Libertador of sixteen eighteen pounders, 140 men; the other, the Vincedor del Alamo, mounting six twelve-pounders, and a long eighteen amidships, with one hundred men. Captain Wheelright having during the action received a very dangerous wound, the duty of sending this melancholy communication has devolved upon me, towit:
On the morning of the 17th, in latitude 29 deg. N., longitude 95 deg. 20 min. W., at 5 h. 30 in A. M. discovered two sail about 6 miles to windward; immediately beat to quarters; upon making us out they bore down for us with all sail set, signalized, and then spoke each other. At 9 h. 30 m., the Vincedor del Alamo bore away, getting in our wake to rake us, the Libertador keeping well on our weather quarter, we immediately hoisted our colors at the peak. The enemy in a few minutes hoisting theirs, the Libertador on our weather quarter edging down for us all the time, till within about one mile, gave us a broadside, without wounding any of our men or doing other damage; the fire was at the same time returned from our weather battery, consisting of three sixes and the pivot, a long nine, the wind blowing fresh, and from our extreme lowness our lee guns were continually under water, and even the weather ones occasionally dipped their muzzles quite under. The firing on both sides was thus briskly kept up for nearly two hours, the raking shots from the Vincedor in our wake nearly all passing over our heads, as yet sustaining but trifling injury; at 9 h. 30 m. the Libertador on our weather quarter, bore away and run down till within two cables length of us, luffed and gave us a broadside of round shot, grape and canister, while all this time the brig Vincedor in our wake continued her raking fire. Notwithstanding this we still continued on our course for Velasco, maintaining a hot action for full 15 minutes, with some effect upon her sails and rigging. The Libertador now hauled her wind, widening her distance, apparently wishing to be further from us, when she again opened her fire, which was on our part kept up without cessation. At 11 A. M. she again bore away, run down close to our quarter and gave us another broadside of round shot, grape and canister, which told plainly on our sails and rigging; as before she again hauled her wind to her former position, and played us briskly with round shot, one of which struck our hull, going through our copper and buried itself in her side. At 11 h. 30 m. A. M. a round shot passed through our quarter gallery, against which Captain Wheelright was leaning, inflicted a severe wound on his right side, knocked the speaking trumpet out of his hand, terribly lacerating three of his fingers; he was conveyed below to the surgeon, leaving orders with me to continue the action. We still held on our course in our respective positions, keeping up an incessant fire, for full half hour, when the enemy signalized; then the Vincedor in our wake luffed up and gained well on our weather quarter; at that time the Libertador, on our weather beam bore away and ran down under our stern within pistol shot, our decks being completely exposed to her whole broadside, and at the same time open to the raking fire of the Vincedor on our weather quarter. In this situation, further resistance being utterly fruitless, and our attempts to beach the vessel ineffectual, I received orders, from Captain Wheelright to surrender, which was done.
The only damage done to our vessel, was that of parting some of our rigging, splitting the sails, a round shot in her hull, and the quarter gallery, which was shot away. Captain Wheelright was the only person wounded on board. We shot away the Libertador's main top-gallant mast, unshipped one of her gun carriages, took a chip off the after part of the foremast, killed two men, and cut her sails and rigging severely. We were immediately boarded by capt Davis of the Libertador, who pledged his honor, and that of Commodore Lopez, who was then on board, that we should receive honorable treatment as prisoners of war, as officers and gentlemen, and as soon as an exchange could be effected, we should be sent home. The kind attention and courtesy we have received from Commodore Lopez, Captain Davis and officers has been truly great for which we tender them our sincere thanks, likewise Captain Thompson of the schooner of war Bravo has extended every civility and kindness. We leave this place tomorrow for Matamoras: what disposition will be made of us I know not.
Besides the officers and crew of our vessel, we had on board as passengers, the honorable Wm. H. Wharton, Mr. Levy, Surgeon T. N., captain Darocher, T. A., 74 Mr. Thayer, of Boston, Mr. Wooster, English subject, George Mess, acting lieutenant T. N. and Mr. Henry Childs.
I remain very respectfully, your obedient servent,
J. W. Taylor, Lieut. [P. S.] Our crew consisted of 31 men and boys, besides the officers; out of this number there were six seamen, the balance not knowing one part of the ship from the other, and it was with great difficulty that we obtained this crew while in New Orleans.
Tennison's Journal mentions one incident connected with the surrender, not referred to in the official account. He says that upon Davis's demand to surrender Taylor said to him: "Sir, I am your prisoner, but my sword you shall never receive," so he threw it overboard. 75
The surrender took place within plain view of Velasco, and the whole town, including the secretary of the navy, S. Rhoads Fisher, turned out to see the struggle. Their criticism of the government, for not keeping its vessels well manned and provisioned to guard the Texas coast, instead of leaving them in New Orleans for months trying to get outfitted, was the spur which impelled Fisher to give the matter his entire attention, and to take passage on the Invincible a few weeks after this, in order to give the Mexicans battle. His efforts, and their results have been noticed in the history of these two vessels.
The Independence and the prisoners were carried to Brazos Santiago by the victorious vessels. 76 The Mexican papers state that the Independence was bravely defended before she was taken. Their notices of the capture include also the information that one of her guns was an eight pounder, lost by the Mexicans some time since at San Jacinto. It was considered by the Texans one of their chief trophies, and bore the initials of many of the principal ladies of Texas. The principal officers of the Independence received the kindest of treatment through the special orders of President Bustamente. For the first three months of their imprisonment the crew were treated rather harshly, but after that they had no complaints to make. For many favors the officers and crew felt especially grateful to the president, to Commodore López, and to Captains Martínez, Davis, and Thomas Thompson. Through the instrumentality of Captain Thompson, Captain Wheelwright and Dr. Levy, with the consent of all the officers of the Independence, made their escape early in July, 77 Captain Thompson accompanying them, and leaving the Mexican service to join the Texas navy. 78 After arriving in Texas, Thompson was appointed post-captain at Galveston, where Alex. Thompson, the chief hydrographer for Texas, had selected a suitable site for a navy yard 79 for the Republic. The interest that the Texan Congress took in the release of the prisoners, and President Houston's attitude toward the effort have already been noticed. 80 In his message of November 21, 1837, 81 Houston recites the unsuccessful attempt of the government, through the agency of John A. Wharton, to secure an exchange; but consoles himself with the fact that some of the prisoners escaped and that President Bustamente set the others free in October. Before learning of their release, Congress, spurred on by Houston, passed a joint resolution authorizing reprisals upon Mexico; but this was withdrawn upon their arrival at Galveston, November 4.
On December 14, 1837, Congress appropriated $250,000 for back pay of officers, soldiers, and sailors, and a joint resolution of December 18 authorized the auditor to settle with Thomas Brennan, purser of the Independence, the claims of the officers and crew of that vessel. 82
There was one other vessel connected with the Texan naval establishment. Her mission seems to have been a peaceful one. This was the receiving vessel Potomac. She was purchased from Captain L. M. Hitchcock, 83 formerly a lieutenant on the Invincible, for $8000. Later, by recommendation of the secretary of the navy, she became a pilot boat at Galveston.
Here ends the history of the first navy of Texas. As early as 1836, however, the Republic of Texas was anxious to have a stronger navy, and Congress passed favorably on measures for procuring a new and stronger fleet, composed principally of steam vessels. The account of this movement, the acquisition of the vessels, and their history, is distinctly separate from that of the first navy of the Republic, and it will be given next.
In March, 1836, when Texas was engaged in a life and death struggle with Mexico, and when the Texans were particularly anxious to gain the good will of the government and the people of the United States, an event occurred which might have resulted in alienating the sympathy of that nation had the Texan authorities not taken immediate steps to correct matters. This was the capture of the brig Pocket, a vessel sailing under American colors.
An account of the capture was given by Alcee La Branche, the United States chargé d'affaires to Texas, in a letter which he wrote to R. A. Trion, the Secretary of State of the Republic of Texas, on November 29, 1837. He says:
On March 20th. of 1836, the brig Pocket, sailing under american colors and belonging to citizens of the United States, left New Orleans for Matamoras. On the voyage she was captured by the Texan armed schooner Invincible, commanded by Jeremiah Brown, and carried to Galveston, and her cargo appropriated without trial or condemnation by persons acting under the authority of the Texan government. The captain and the crew, with the exception of the second mate, who was still more severely delt with, were detained nineteen days at that place, after which they were released and suffered to embark for New Orleans. Permission was given them to take such articles of private property as belonged to them, but after a general search they were unable to find anything. Their clothing, hats, books, quadrants, charts were all missing, having been already secured by the captors. Previous to this the passengers were transferred on board a Texan armed schooner called Brutus, where they were stripped and searched by a person named Damon, who acted as lieutenant, and four of them, viz., Hill, Hogan, Murje, and Campo were immediately put in double irons by him. One of the passengers, Taylor, had his trunk broken open by this Damon and four hundred and ninety-seven dollars ($497) together with other property taken therefrom, amounting in value in all to eight hundred dollars ($800). When he desired to obtain a simple receipt for the money alone he was put in double irons.
Hogan and Campo received one hundred lashes with a cat-o-nine tails, stretched on an eighteen-pound cannon and were threatened by Hurd, acting as captain of the Brutus, and Damon, that they should be hanged; the foreyard was accordingly loosed and braced for that purpose, and the inoffending victims were actually brought on deck with ropes around their necks and tortured with their impending fate. Somers and Taylor were kept in irons, the former for the space of twenty-five days, and the latter for seven weeks. At the expiration of these periods, instead of being released, they were forcibly detained, without any legal pretext or excuse for upwards of four months and seven months separately, when they were permitted to depart for the United States. Somers during all this period was compelled to perform various work, such as unloading vessels, etc., and had all his clothing and instruments of navigation taken from him. 84
In the same letter, La Branche also gives an account of the seizure of another American vessel, the Durango, which at about the same time as the capture of the Pocket, was seized at Matagorda and pressed into the service of Texas by the orders of John A. Wharton, adjutant general of the Texas army, and William S. Brown, commander of the Texan armed schooner Liberty. The claims for both vessels were usually urged together, and when matters were finally settled, provision was made for the payment of an indemnity for both together.
La Branche's account gives only one side of the affair; it is also somewhat prejudiced. The treatment of the crew and passengers was not at all as brutal as he made it appear; in fact, Captain Howes of the Pocket, the first officer, and several of the crew made an affidavit in New Orleans to the effect that while they were under the control of Captain Brown they were treated with kindness and respect. Alexander Humphrey, a passenger on the Pocket, made a statement to the same effect to William Bryan, the Texan agent at New Orleans. He also stated that no part of the cargo went to the crew of the Invincible. 85
The true facts in the case seem to have been somewhat as follows: Captain Brown, in the exercise of the belligerent rights of Texas, was cruising against her enemies and attempting to enforce the blockade of the Mexican ports. The Pocket was bound for Matamoras, a Mexican port, and when she fell in with the Invincible her captain refused to show his papers. Captain Brown then boarded the brig, compelled the officers to deliver up the papers 86 and examined the cargo. The examination disclosed the fact that the Pocket was sailing under false papers and that the cargo did not correspond with the manifest and papers showing her clearance from the custom house at New Orleans. There seems to be no doubt that the cargo consisted of contraband of war, this fact being clearly brought out on the trial of the crew of the Invincible. There is some conflict of statement as to the articles composing the cargo. It is certain that the Pocket was carrying provisions that were intended for the Mexican army, 87 and Captain Brown stated that powder, ammunition, and other military stores were found on the brig. 88
But this was not all; a further examination of the papers revealed dispatches to Santa Anna, containing information that would aid him in his operations against Texas. He was informed of the force on each of the Texan vessels, and instructed as to the best mode of attacking the Texans on land. 89 There was also included "a chart of the whole coast, minutely and beautifully laid down—all surroundings, etc." 90 On board the Pocket were also several persons who were in the Mexican service, among them the notorious Thompson, who had only a short time before been imprisoned at New Orleans on the charge of piracy. 91 This was the same Thompson who, while endeavoring to enforce the Mexican revenue laws, had been so insolent to the Texans at Anahuac. In September, 1835, he attacked the schooner San Felipe, a vessel owned by citizens of the United States, but was himself captured by the San Felipe and carried to New Orleans to answer to the charge of piracy. With him at the time of the capture was a lieutenant of the Mexican army, Don Carlos Ocampo. 92 They were released on January 15, 1836, but Thompson was immediately rearrested by his creditors. 93 But their affairs were apparently soon straightened out; and both were returning to Mexico on the Pocket when it was captured. With them were Hogan and Taylor, officers of the Mexican navy. 94 This probably explains how the papers describing the coast of Texas came to be found on the Pocket—Thompson may have collected the information contained in them while he was stationed at Anahuac.
The conduct of the Texans after the capture was set forth by Samuel Ellis in a communication to the editor of the New Orleans Bee. He said: 95
You assert that the cargo was American property and actually belonged to Lizardi & Co. until delivered. 96 The evidence of one of the firm, given before the examining court, 97 was that the cargo on shipment was by the order of and charged to Rubio & Co.; that the premium was charged to them and that they considered the cargo at their risk. That such was the understanding is evident from the clause of the charter which expressly stipulates that the brig shall carry a signal generally known as that of the acknowledged agents of Santa Anna, which signal was to be furnished by Lizardi & Co. As further proof of the character of the vessel and the purpose for which she was engaged we have the evidence of three witnesses on the trial that Captain Howes acknowledged to them that he was engaged after his arrival at Matamoras to, transport Mexican troops to Texas. . . .
On the arrival of the Pocket at Galveston she was, by the evidence of the captain and crew, given over to the Texan authorities and the allegations in the protest, 98 which carry upon their face the appearance of oppression, were made under the direction of, and by the order of the Texian government, and being out of the jurisdiction of the United States, and perpetrated by a government de facto, that government is alone responsible. Almost every allegation made in the protest is proved to be false . . . by the proof given on the trial. Several witnesses deposed as to the extreme delicacy used in the examination of the baggage of the passengers, and that American property was in every instance respected. So far as regards the treatment of the crew while on Galveston Island, being put into a tent on the beach, and being short of provisions, the president of Texas was at the same time living with his family under the same shelter and equally destitute. The refusal to admit him on board his own vessel was caused by his own conduct, of which ample evidence can be given.
In regard to the money handed by Mr. Taylor to the Secretary of the Navy, and by him handed to the purser, the Secretary was not the person to receipt for it. Mr Taylor being impertinent and troublesome, was ordered forward in charge of a marine, but was not put in irons, the money was held subject to his order, and has been, or will be, restored to him when demanded.
The second mate Somers, was one of the passengers put on board at New Orleans; he held a commission as Lieutenant in the Mexican navy, and was furnished with funds by the Mexican Consul, as was proved by evidence on the trial, his name was not on the roll of the crew, and he was well known as an enemy and a spy. The other passengers, excepting those well known to be Mexican officers, were treated with attention and respect, and the amount of their passage in the Pocket, and in the Congress to New Orleans, together with all damage sustained by them has been paid by the government.
The capture of the Pocket, whatever the results thereof, was a very fortunate event for the Texan army. The cargo, consisting mainly of provisions, was "a most timely assistance to the victors of the field of San Jacinto, who, short of provisions for themselves, were thereby enabled to retain the prisoners taken at that decisive victory." 99
When the news of the capture reached the United States it caused much excitement, especially at New Orleans. Some looked upon the act as one of piracy. William H. Wharton, who was then in the United States as a member of the first commission sent out by Texas, was very much wrought up over the matter. On April 9, 1836, he wrote to the government of Texas, saying: "There is some talk of piracy having been committed by one of our vessels. In the name of God let the act be disclaimed and the offenders promptly punished if such be the fact. I called on the Secretary of State this morning. He had not heard it officially." 100 The charge of piracy, however, was soon discredited, 101 but the affair brought home to the Americans the insecurity of their commerce on the Gulf. The New Orleans Bee voiced the sentiments of those merchants who were not so much concerned over the struggle between Texas and Mexico as they were over the security of their commodities. A few quotations from the Bee will show how they viewed the matter:
It is high time that American commerce in the Gulf of Mexico should be protected from both Texas and Mexico, and unless the government interpose the evils will be very serious. . . . Our commerce should be protected from all. 102 . . .
The lesson . . . should not be lost on our Texas friends. It is neither the duty nor the interest of Texas to interfere with Mexican commerce. . . . As much as we love Texas, we love America more, and can not connive at any violation of American rights and commerce by Texas. 103 . . .
We have been shown a declaration signed by two captains of Texas vessels, Brown of the Invincible and Hurd of the Brutus, that they do not purpose hereafter to attack an American vessel or any ship belonging to American citizens. This was necessary to calm the apprehensions of the public, as the insurance companies and merchants of extensive trade with Mexico were at first firmly resolved to send to Europe for goods ordered from Mexico and have them shipped to Mexico in French and English bottoms as the American flag was no longer respected.
Whether the action of Texas is or is not piracy, they should forego it in order to secure the energies of their friends and prevent the efforts of their enemies. 104 . . .
We are in favor of Texas liberty but not in favor of Texas capturing American vessels. 105 . . .
Of what use is the Star Spangled Banner if it can not protect us from the depredations of a petty state creeping into existence? 106
William Bryan, the general agent of Texas at New Orleans, in a letter which he wrote to the president of Texas on May 14, 1836, shows the gravity of the situation. He says: "The result of the whole trouble will satisfy you as to the policy of invading the American flag. It would require but a few such instances as that of the Pocket to turn the government of the United States against you and stop every expedition in favor of Texas." 107
1. In Texas.—The first question that arose in Texas related to the disposition that should be made of the prize. The exigency required the action of a tribunal of admiralty jurisdiction. As Texas had declared her independence only a month before, the government was still in some confusion, and the machinery of justice had not yet been put in working order. Robert Triplett, in his letter to Burnet of April 9, had recommended a decree establishing an admiralty court. 108 But the government had ere then acted by establishing at Brazoria a district court with admiralty jurisdiction. On April 12 Burnet wrote to Collinsworth:
A prize has been brought to Galveston by Captain Brown. The government has passed a decree to establish the district court. . . . We want an able judge in the district where the trial must take place. Will you then accept the office of district judge for the district of Brazoria? 109
But it seems that Collinsworth did not accept the position, or on June 15 we find Burnet writing to Judge Franklin as follows:
The ordinance establishing the district court for the district of Brazoria and your appointment under that ordinance were measures produced by the present exigency of the country which requires the action of a tribunal of admiralty jurisdiction. The capture of the Pocket produced that exigency, and the principal object of the early organization of your court was that the questions arising from the capture might be promptly and equitably determined, for it was known that the capture would produce great excitement in the United States. Several weeks have elapsed and no proceedings have as yet been had on that important subject. The character of Texas and her interests are daily suffering and the evils admit of no relief but by a just adjudication at your bar. 110
Thus there was much delay in having the trial, this letter being written almost three months after the capture of the Pocket; but Judge Franklin was not responsible for this, for on June 4, Wm. H. Jack wrote to J. K. West:
Owing to unavoidable accidents, it has been impossible to have a trial as to the prize Pocket. It is likely to be determined soon. 111
Just when the adjudication took place is not known, but it was probably some time in the latter part of June or the early part of July. It is known, however, that, as a result of the trial, the Pocket was adjudged a lawful prize. On October 27, 1837, R. A. Irion, the secretary of state of Texas, wrote to William Bryan:
Shortly after my note to you relative to the prize brig Pocket, I saw Ex-president Burnet, who informed me that the adjudication took place before Judge Franklin, who had been appointed admiralty judge, and that the court condemned the brig as a lawful prize. . . . There is no doubt of the decree having been made. 112
On what grounds it was condemned is not known, but from the character of the cargo and the papers found on the Pocket, the step was amply justifiable.
2. In the United States.—In the meantime the United States authorities had taken up the matter, for, as we have seen, the capture was considered an act of piracy. After the Invincible had brought her prize to Galveston, she proceeded to New Orleans, but owing to the excitement over the capture of the Pocket she could not remain there with safety. On April 18, 1836, Bryan wrote to Burnet:
We have been compelled to order the Invincible back to Galveston; the capture of the brig Pocket is considered by the authorities as an act of piracy. The friends of Texas are among those in authority, and information was given me of the intention of the marshal to take the vessel and arrest the crew. We acted instantly and sent down a supply of provisions and ordered the vessel back to Galveston. We presume she has escaped. Captain Brown is out of the city and will probably not be able to join his vessel. Should she be detained, the cause of Texas will have received the severest blow she has yet met and the agency will be involved in trouble it will be hard to evade. Our situation with all the wealth and power of New Orleans arrayed against us is one of peril and danger. 113
But the Invincible did not get away. Commodore Dallas of the United States Navy, at the request of the insurers of the cargo of the Pocket, 114 sent out the sloop of war Warren to seize her. This was done on May 1, and the crew of the Invincible was lodged in jail by the United States marshal, and held to answer to the charge of piracy. 115 Bryan at once employed the ablest counsel he could secure 116 and had the Texans brought to an examining trial as soon as possible. 117 An examination was held on May 5, but for want of evidence the trial was postponed several days. 118
In the meantime the seamen were confined in a prison which a Texan sympathizer characterized as "a dungeon, the exact model of the 'Black Hole.'" 119
The trial lasted three days, 120 and on the night of the third day the crew was liberated. Justice Rawle, 121 who tried the case, did not think there was sufficient evidence to justify a trial by jury. It appeared that no criminal act had been committed by the prisoners, as it was shown that the Pocket contained contraband articles that were intended for the Mexican army in Texas under Santa Anna. No act of malignant hostility had been committed and, of course, no piracy. 122 After their release, the crew was cheered at every step and had a supper given them and free admission into the theater. 123 This kind treatment showed that the mass of the people in New Orleans was not turned against the Texans by reason of this unfortunate occurrence. There was an attempt on the part of the prosecutors to have the Invincible again seized and taken to Key West for a new trial, but nothing came of this. 124
The Texan sympathizers alleged that the imprisonment of the crew was brought about through the influence of Santa Anna's friends in New Orleans. They said that Lizardi and Co., who shipped the cargo, were the known sub-agents of Santa Anna; they were strengthened in this belief by the fact that the cargo was consigned to one Rubio, who was said to be Santa Anna's general agent and banker. 125 It was also alleged that the Louisiana State Marine and Fire Insurance Company, which had insured the cargo for Lizardi and Co., was attempting to aid the Mexican cause, for it was at their request that the crew of the Invincible was seized. It was pointed out that the insurers would not need to pay a cent of insurance if they could prove that the cargo was contraband of war. But the company did not attempt to establish that fact; instead they sent to Pensacola to get a United States warship to seize the Invincible, and this, too, when they knew that a civil officer could just as easily have taken charge of the vessel. The inference, therefore, was that they did not wish to have the fact established that the cargo was contraband, and were attempting to aid the Mexican cause. 126
But such was not the view taken by all. The New Orleans Bee for May 16 has the following to say relative to the matter:
The Mobile Chronicle says the Invincible was captured at the instance of Santa Anna's agent in this city. Santa Anna has no agent in this city; nor has the Mexican government any commercial agent here. Lizardi & Co. are not agents; they deal with merchants only. In the case of the Pocket, they received an order from a Mexican merchant; they were not bound to ascertain the purpose to which the goods were to be put. If there were any articles on board which did not appear in the manifest of the cargo shipped by them, to the captain, not them, belongs the responsibility. The goods belonged to Lizardi & Co. until delivered to the consignees. 127 Hence it can not be said that they were Mexican goods captured in a neutral bottom, but goods belonging to American citizens was captured in an American vessel. Why should Commodore Dallas be assailed for taking a vessel that captured an American vessel with American goods? Why should the insurance company be assailed for requesting that action on the part of Dallas in order to indemnify themselves and prevent future occurrences of a like nature? Why should Lizardi & Co. be assailed for sending goods on their own account to a Mexican merchant?
A few days after the liberation of the crew of the Invincible, the officers and crew of the Pocket arrived in New Orleans. Feeling was again stirred up and the Texans would have been arrested a second time and brought to trial but for the action of the Texan agents, William Bryan, and Thomas Toby & Brother, who bought the Pocket and paid the damages sustained by the officers and crew. On May 14, Bryan wrote to the president of Texas:
With the assistance of our friends, Thomas Toby and Brother, we purchased the brig and paid her charter and demurrage. We have also been obliged to pay all the damage sustained by the officers and crew, amounting to eight thousand dollars ($8000). This measure was absolutely necessary to save the vessel from the charge of piracy and maintain the public feeling toward the cause. . . . The Pocket now stands as the property of Thomas Toby and Brother. 128
The purchase of the Pocket took place on May 10; Elijah Howes, the master of the vessel, on that day, in consideration of the sum of thirty-five thousand dollars paid him by the Tobys, Bryan, and Hall, agents for Texas, executed a bill of sale of the Pocket to T. Toby and Brother. 129 He was also paid fifteen hundred dollars for damages on account of the detention of the Pocket, and gave a receipt for that amount on May 10. On the next day he also gave a receipt for one hundred dollars for various articles of personal property taken from him by the officers and men left in charge of the Pocket by the government of Texas. Alexander Humphrey, John W. Waterhouse, C. Anderson, and James Doherty were also paid for the damages sustained by them and the owners of the Congress were reimbursed for carrying the crew and passengers from Galveston to New Orleans. 130 Thus it seemed that through the exertions of the Texan agents matters were being smoothed out.
But trouble arose in another quarter. On May 19, the Louisiana State Marine and Fire Insurance Company instituted suit in the United States district court against Captain Brown of the Invincible, seeking to recover the amount of the premium they had been forced to pay Lizardi & Co. In the libel which they filed with the court they set forth that they had insured the cargo of the Pocket for eight thousand dollars; that the vessel was bound for a port in Mexico with which republic the United States was at peace, and that in consequence of the unlawful capture of the Pocket they had been forced by virtue of a policy issued to Lizardi & Co. to pay that firm eight thousand dollars. They then alleged that because of this payment all right of action against the persons who had unlawfully seized the cargo was transferred to them, wherefore they prayed that Captain Brown should be forced to pay them eight thousand dollars. 131 On the basis of this libel Judge Harper of the federal court ordered that Captain Brown be held to bail in the sum of nine thousand dollars. On May 20 the United States marshal took Brown into custody, from whence he was released on the same day, having given bail with Thomas Toby and William Bryan as sureties. 132 The case was to come up on the second Monday in December, 1836, but the record of the court does not show that anything was done on that day.
The issue in the trial depended mainly on the legal condemnation of the Pocket by the Texas court. As early as May 16, J. K. West, the president of the insurance company, had written President Burnet to forward him copies of the condemnation of the cargo of the Pocket. 133
Bryan also bestirred himself to secure the needed evidence in the case. On May 21, the day after he bailed Brown, he wrote to the president:
It will now become the duty of the government to have the cargo condemned by a regular court, to have sufficient evidence forwarded of the character of the cargo, the documents and papers found on board proved as having been taken from the vessel, and all information you may judge necessary to forward to prove the legality of the capture. 134
There was much delay in forwarding the needed evidence, and it is probable that for this reason the case was continued.
However, some time before February 25, 1837, a judgment by default was rendered against Captain Brown, for on that date the court
On motion of Randal Hunt, ordered that the judgment by default be set aside, and that he [Hunt] be allowed to file an answer on behalf of the defendant in the case. 135
The attorneys for Brown then filed a plea to jurisdiction, averring that all questions relative to the adjudication of prizes brought into ports of Texas belonged to the tribunals and legal establishments of that country and none other; that officers of Texas war vessels ought not to be arrested in ports of the United States to answer for any capture or seizure made on the high seas; that vessels of belligerent powers may seize neutral vessels, take them into the ports of their [the captor's] country to answer for any breach of the law of neutrals, and the vessels of war are not amenable for such acts before any tribunal of the neutral powers; that the insurance company had arrested Captain Brown, but had in no manner alleged that the capture of the Pocket was made within the territory of the United States; that at the time of the capture Texas was a free and independent state, and Captain Brown was commander of one of her public vessels. For these reasons they held that the United States court was without jurisdiction in the suit and, therefore, prayed that Captain Brown be dismissed with his costs. 136 Anticipating an overruling of this plea, the attorneys also filed an answer to the libel of the insurance company. They showed that at the time of the capture Texas had declared her independence and maintained a government, and was, therefore, entitled to exercise all belligerent rights of a free and independent nation; that, under the authority of that government, Captain Brown had the right to cruise against the enemies of Texas; that in his capacity as captain he made a legal prize of the Pocket, whose cargo was enemy's property and intended as supplies for the Mexican army; that the Pocket was conveying hostile dispatches to the enemy; that she was sailing under false colors; and that her actual cargo did not correspond with the papers showing her clearance from the New Orleans custom house—all of which was in violation of the belligerent rights of Texas. They, therefore, prayed that the libel of the insurance company be dismissed. 137
But evidently nothing was done at the spring session of the court; for on August 4, 1837, Bryan again wrote to the Secretary of State:
In my letters to the executive under date of February 22, April 12, and 21, I urged upon him the necessity of forwarding certain documents to save the loss of about nine thousand dollars for which I am bound in the United States court, being the value of the brig Pocket. Part of the documents were promptly forwarded by S. R. Fisher, Secretary of the Navy, those proving the condemnation of the brig as a lawful prize, the approval of the act by the government, and the record of the court condemning her under the great seal of state have never come to hand. The trial will come up early in December, and if such papers are not produced the amount is lost. . . . Will you do me the favor of forwarding such papers as are required or such as can be obtained in relation to this matter as early as possible, or advise me that they can not be obtained that I may have time to prepare to meet nine thousand dollars in cash by sacrifices made to meet claims incurred for Texas. 138
Irion, the secretary of state, at once exerted himself to procure the documents. He wrote to William S. Scott, the clerk of the district court of Brazoria county, requesting him to forward, with the least possible delay, a certified copy of the proceedings of the court in the case. Scott immediately transmitted the proceedings of the court, but unfortunately the decree of condemnation was not among the documents which he sent. 139 Irion at once forwarded to Bryan the documents he had received, but the attorneys in the case finding that they were not sufficient, obtained an adjournment of the case until the first Monday in January, 1838. The decree of condemnation of the Pocket could not be found among the records at Brazoria, so the only remedy was to enter the decree anew in open court at the next session of the district court. It seems that this matter was put into the hands of F. A. Sawyer, the attorney who had argued the case before Judge Franklin in 1836. On December 21, 1837, he wrote to the secretary of state from Brazoria: 140
As soon as I arrived here I made out a decree on the back of the original petition in the case of the brig Pocket and sent it by express together with a certified copy to Judge Robinson both of which he signed, as was required, and returned to me. The original decree I have filed in the office of the clerk of the district court; the certified copy, dated about the 10th of December and signed by Scott, who was at that time clerk of the district court, and certified to by Judge Robinson, I