THE QUARTERLY  OF THE  TEXAS STATE HISTORICAL ASSOCIATION

Vol. XIII. OCTOBER, 1909. No. 2

The publication committee and the editors disclaim responsibility for views expressed by contributors to The Quarterly.

THE NAVY OF THE REPUBLIC OF TEXAS.

ALEX. DIENST.

IV.  THE SECOND NAVY OF TEXAS

XIII. THE MUTINY ON BOARD THE SAN ANTONIO.

On the evening of February 11, 1842, there occurred a mutiny on the Texan war vessel San Antonio, which had just arrived from Sisal and was lying in the Mississippi River opposite the city of New Orleans. When the principal officers had gone ashore, the seamen in some way procured liquor and drank themselves into a state of intoxication. Their suspicious conduct was noted by the officers left on board, who began to prepare for an emergency, but did not suspect a mutiny. The sergeant of marines asked M. H. Dearborn, officer in charge of the deck, for permission to go ashore. Dearborn replied that no officer then on the vessel was authorized to give such permission and advised the sergeant to wait until the captain returned. The sergeant continued to argue the point; and Lieutenant Charles Fuller, who was for the time in charge of the vessel, came on deck and inquired the cause of the disturbance. Some of the men told him that they wished to go ashore. He then ordered the sergeant to arm the marine guard. This was done, and the sergeant probably gave arms to the crew also. He then approached Lieutenant Fuller and, after having first attempted to strike him with a tomahawk, shot and killed him. As Fuller's body lay on the deck, it was beaten with muskets and cutlasses; and two midshipmen were wounded in attempting to protect it. The mutineers then shut up the officers in the cabin, lowered the boats, and went ashore; but they were followed, and several of them were arrested, six at once, and others later. ¹

Soon afterwards the San Antonio sailed to join Moore's flagship, the Austin, on the coast of Mexico, carrying two of the mutineers and leaving nine in jail at New Orleans. On its arrival, Moore ordered the trial of these two by a court-martial, which convened on the Austin, March 14. One of them was sentenced to be hung, and the other was given further time to get evidence from New Orleans. These proceedings were approved by the Texan government. ²

After Commodore Moore went to New Orleans to refit in May, 1842, he entered into a correspondence with Governor Roman of Louisiana concerning the prisoners remaining in jail there, and was informed that a requisition from President Houston would be needed to secure their surrender. The requisition was accordingly issued on September 12, 1842, and on September 15 Moore was directed to order a court-martial to try the accused as soon as the testimony of witnesses could be procured. The name of one of the mutineers was omitted in the first requisition, and a special requisition for him was issued on October 29. ³

The prisoners lying in jail were surrendered to Moore just before he sailed for Galveston, April 15, 1843, and in accordance with the previous orders of President Houston a court-martial was ordered, which convened on board the ship Austin on April 16, at one o'clock. The court was composed of Commander J. T. K. Lothrop, president; Lieutenants A. G. Gray, J. P. Lansing, Cyrus Cummings, and T. C. Wilbur, with Surgeon T. P. Anderson as judge advocate. The prisoners were tried on the following charges: first, murder and attempt to murder; second, mutiny; third, desertion.

Of the prisoners, Seymour Oswald, sergeant of the marines, had escaped before the party was surrendered to Moore, and Benjamin Pompilly had died in prison, confessing on his death-bed that he had killed Lieutenant Fuller. The court proceeded to the trial of Frederick Shepherd, boatswain of the San Antonio. After the examination of several witnesses, Joseph D. Shepherd, one of the mutineers, turned State's evidence upon a promise of pardon by the president. But for this the prosecution might have failed, as the principal witnesses perished in the ill-fated San Antonio, which was lost in the Gulf early in September, 1842. The testimony of Shepherd developed the fact that the mutiny had been planned and agreed to by the crews of the San Antonio and San Bernard, while these vessels were off the eastern coast of Yucatán in January, 1842. It was proposed to sell the San Antonio to the Mexican government. Circumstances forced the postponement of the mutiny till the San Antonio reached New Orleans.

The verdict of the court-martial after a careful trial is recorded in the following document, which was signed by every member of the court:

Texas Sloop-of-War Austin,  August 18, 1843.  Commodore E. W. Moore:

Sir: We, the President and members of the court-martial, convened for the trial of Frederick Shepherd and others, have the honor to transmit to you the accompanying documents, being a true record of the evidence and minutes of the court.

In discharge of the painful duty and the awful responsibilities imposed upon us, we have endeavored to confine ourselves strictly to the law governing courts-martial, and to the evidence that has been brought before us, and we have duly deliberated upon the verdicts returned.

In the trial of Frederick Shepherd, we are of opinion that there is no evidence before the court to prove that he was aware that a mutiny was to take place, or that he was in a situation to aid or assist in quelling one on the night of its occurrence. We have, therefore, found the prisoner not guilty, and recommend his discharge.

Of the prisoners Antonio Landois, James Hudgins, Isaac Allen, and William Simpson, we have only to say that we deem the evidence elicited at the trial of each and every one of them sufficiently clear and distinct to convict them each of the various charges and specifications preferred against them, and have therefore sentenced them to death.

We beg to call your attention to the evidence in the case of William Barrington, from which you will find that he was deeply engaged in the mutiny on board the San Antonio; but it appears in the evidence that he informed one of the officers that it was to take place. In consequence of this information, the court has sentenced him to receive one hundred lashes with the cats.

Of the evidence in the case of John Williams and Edward Keenan, we think it unnecessary to make any comments. Williams, you will find, is strongly recommended to mercy.

Very respectfully,  Lothrop,  Gray,  Lansing,  Cummings,  Wilbur. ⁴

In carrying out the sentence of the court-martial, Moore proceeded with due formality. On April 22, William Barrington was punished with one hundred lashes on the back. On April 25, Moore had the sentence of each mutineer who had been given the death penalty, together with the laws governing the navy, read to him before the assembled officers and crew, and warned him to be ready to die the next day. On that day, when all were assembled and the necessary preparation had been made, he told the prisoners of his duty to see the verdict executed; and that, as it was his first experience of the kind, he hoped it would also be the last. At noon the ship was hove to, and the four who had been condemned to death were hanged at the yard arm. Prayers were then read over each separately, and the bodies dropped into the sea. ⁵

The conduct of Moore in executing the sentence of the court-martial which he had ordered was characterized, in a communication addressed to him by Secretary of War and Marine G. W. Hill, as murder; and, for this and other alleged offenses, he was, by order of President Houston, dishonorably discharged from the naval service of the Republic. ⁶ The action of the president, however, was sharply censured by a House committee of investigation of the Eighth Texas Congress; and, as to the charge of murder, a court-martial provided for by the same Congress declared Moore not guilty. ⁷

XIV. MOORE'S EFFORTS TO FIT OUT THE FLEET AT NEW ORLEANS  AND HIS AGREEMENT WITH YUCATÁN.

While Commodore Moore was awaiting orders at Galveston after his return from the Mexican coast, he received the following communication from the secretary of the navy regarding the Progreso: ⁸

Department of War and Marine,  Galveston, May 3rd 1842.  Com. E. W. Moore,  Commanding Texas Navy.  Sir.—

His Excellency, the President, has instructed me, for reasons appearing to him upon the petition and showing of the party interested, to direct that the prize schr. “Progreso,” lately captured and sold, be permitted to pass the blockade, at present maintained, on the part of this Government, against the ports of Mexico on the Gulf, and to enter any one of said ports without hindrance or molestation by the navy of this Republic. . . .

I have the honor to be,  Very respectfully,  Your most obedient servant,  Signed. Geo. W. Hockley,  Secretary of War and Marine.

Moore says the Progreso took advantage of this passport, and sailed under Mexican colors from New Orleans with four hundred kegs of powder while he was there, and that he could easily have captured her but for his orders. About the same time, Moore received another order from the secretary of war and marine which follows: ⁹

Department of War and Marine,  3rd May, 1842.  Commodore E. W. Moore,  Commanding Texas Navy.

Sir,—You will proceed forthwith to the Port of New Orleans, United States, to refit—the Schooners San Bernard and San Antonio will proceed to Mobile for the purpose of receiving such supplies as will be furnished by our Consul at that place ¹⁰—the officers necessary for the committal of the mutineers on board the San Antonio will proceed from Mobile to New Orleans for that purpose.

Convoy will be given to all transports of troops from Mobile or New Orleans to Corpus Christi. . . .

I have the honor to be,

Your most ob't servant,  Signed. Geo. W. Hockley,  Secretary of War and Marine.

A third order to Moore bearing the same date as the two already given ¹¹ directed him to enforce the blockade ordered by President Houston on March 26, 1842. The causes leading to the proclamation of this blockade of the Mexican ports are given in the introductory part of a pamphlet issued by President Houston as follows: ¹²

My Countrymen:—Repeated aggressions upon our liberties—the late insult offered by a Mexican force advancing upon Bexar—and the perfidy and cruelty exercised towards the Santa Fe prisoners, all demand of us to assume a new attitude—to retaliate our injuries, and to secure our Independence.

The attempt to secure peaceable recognition of independence from Mexico was found to be futile. In a letter written to Barnard E. Bee on February 6, 1842, ¹³ Santa Anna said:

I fully appreciate the problematic conditions of Texas; and I have before me the entire series of its consequences. I believe war to be necessary. I believe it a measure indispensable to the salvation of Mexico, and that her government will not faithfully perform her duties, if she does not strain her resources to the utmost, boldly to enforce a full confession of her justice.

Commodore Moore remained a week at Galveston, and pursuant to orders left on the 8th of May to fit out his vessels to enforce the blockade. He remained on board the ship Austin, and took with him the schooners San Bernard and San Antonio. To equip and provision the vessels and to pay the officers and men required a great deal of money, and Texan credit was low, but, while Moore had many promises of pay, he received very little cash. According to his own account he used of his private means and credit $34,700; ¹⁴ and in later years his claim was allowed by the Texan Congress.

About one month after reaching New Orleans Commodore Moore was almost ready to sail; but on June 6 Commander Lothrop joined the squadron with the Wharton and brought the following instructions from Secretary Hockley: ¹⁵

You will furnish Commander J. T. K. Lothrop with such men and provisions as you can procure for the brig Wharton, and proceed with the squadron under your command, with the utmost possible despatch, to enforce the blockade of the Mexican ports, in accordance with the Proclamation of His Excellency the President.

The Wharton had only nine seamen on board, was without provisions and ammunition, and would require an additional outlay of six thousand dollars to prepare her for the cruise. Though he had already strained his credit, Moore attempted properly to equip this vessel, meanwhile sending his brother to Texas for one-half of the appropriation of twenty thousand dollars made for the navy by the last Congress. In the letter which his brother bore Moore said: ¹⁶

. . . not one dollar of this amount do I contemplate throwing into circulation, but if I had it I would be able to raise a sufficient amount here on my own paper, using the Exchequer bills as collateral security.

So fully did Commodore Moore rely on receiving this small amount for such an important enterprise, that he shipped two-thirds of a crew for the Wharton, contracted for provisions, arranged the manner of payment, and had arrived at the certainty of being able to sail with the whole squadron in ten days after his brother's return, if his mission proved successful. We may imagine his disappointment when his brother returned, and he found that in place of the long-promised means, a shadow had been sent in the shape of President Houston's bond or obligation to pay over on Moore's requisition exchequer bills, when signed, to the amount of ten thousand dollars. The explanation sent along was as follows: ¹⁷

The President directs me to say ... that he has pledged himself, in the papers, that no further issue shall be made of Exchequer bills until the meeting of Congress.

The bond was absolutely worthless to Moore, and meanwhile what he had procured for the squadron was fast being consumed, and his engagements for future supplies were forfeited. Two hundred and thirty seamen had been shipped for the four vessels; but at the announcement of the failure of the government to send any funds the officers were disheartened, the seamen commenced deserting, and there was every prospect of a complete failure of the expedition. In this extremity Moore left at once for Texas, and returned the worthless bond of President Houston. He arrived at Houston July 2, 1842, and was at once closeted with the secretary of the navy. Among other documents he placed the following in the hands of the secretary: ¹⁸

Mobile, 26th May, 1842.

Sir—Captain Seeger of the schooner of war San Antonio, visits Merida for the purpose of receiving the money for the draft of ($4000) four thousand dollars, given me last month.

I have also authorized Captain Seeger to make an arrangement with His Excellency the Governor, and yourself, for an additional amount of money to enable me to reach your coast at an early date, better prepared for a longer stay, and I sincerely hope that the Government of Yucatan can aid me.

I have the honor to be,  Very respectfully,  Your obedient servant,  Signed E. W. Moore,  Commanding Texas Navy.  To the Hon. Pedro Lemus,  Secretary of War and Marine,  Merida—Yucatan.

This letter clearly indicates that Moore was looking to Yucatán to renew the alliance and to help the Texan navy; and the secretary of war and marine and President Houston were well aware at this time, both from documents and from personal interviews, of his plans. Yet there is no word of disapproval or of protest. This should be remembered in connection with the subsequent condemnation of Moore for the adoption of such a policy without giving notice of his intention to the proper department.

On July 5, Moore addressed a communication to the secretary of the navy ¹⁹ in which among other matters he drew attention to the fact that for the past two years nearly every officer had served without receiving pay, that many seamen when their time expired had to be discharged without pay, and that not an officer in the navy had a commission. He also said that the Zavala, which was lying in Galveston harbor unfit for service, must be repaired at once and caulked and put in the docks at New Orleans; “if she remains where she is with the water in her, the worms will destroy her in six or eight weeks.” Agreeably to his recommendation, these matters were at once brought to the attention of Congress and suitable relief was given by it. Appropriations were made for the support of the navy, for repairing the Zavala, and for carrying out other recommendations made by Moore; ²⁰ but as Houston would do nothing, all proved unavailing. The Zavala, which he was to repair, he allowed to become a wreck.

Moore says ²¹ that he remained in Houston from the 2d to the 23rd of July trying vainly to get twenty thousand dollars that had been a short time before appropriated by the Texan Congress for the support of the navy. On the latter date he called on President Houston, who expressed his gratification at having just had the opportunity to sign another bill making an additional appropriation for naval purposes of $97,659. Houston then asked Moore when he would return to New Orleans, and Moore replied that it was useless to return “without the means of raising money to sustain the Navy.” The president then refused to put the twenty thousand dollars Moore was asking at his disposal, but offered to give him a bond to be used in raising money on the faith of the appropriation. Moore said that money could not be procured in New Orleans by any such arrangement; that he had nearly exhausted his means and credit to sustain the navy and would go no further till he saw a disposition on the part of the authorities to aid him; and that he would return to New Orleans at once, “disband the Navy and leave the vessels to rot in a foreign port, as officers and men could not be kept on board without rations.” The next day he wrote Houston a letter stating the necessity for his having the amount of the appropriation, and soon after he was furnished with exchequer bills to cover the whole of it except a small amount that had already been expended. But he found with the sealed orders which were given him, and which were not to be opened till he reached New Orleans, instructions to the effect that he was not to sell the bills outright, but only to hypothecate them, their value being thus seriously reduced.

The commodore arrived at New Orleans on July 31. He found the ship Austin leaking seventy-three inches a day, and at once made arrangements to put her in dry dock; other repairs were also needed on her and the Wharton. He now opened his sealed orders respecting the future action of the navy and found a proclamation of blockade for the Mexican ports, which was to be in force three days after its publication by him in the New Orleans newspapers. One of the reasons given in the proclamation for its promulgation was that a former proclamation of blockade ²² had been suspended, with a view to refit the vessels necessary for its effectual enforcement. ²³ It is likely, considering the time of Moore's arrival in New Orleans, that the prociamation was published early in August, 1842. On August 19, he writes to the secretary of the navy that “he has not yet succeeded in negotiating for funds to get to sea. The pressure in the money market is unprecedented, and Texas liabilities are almost worthless.” On September 7, he reports having made some progress, but still lacks money; and asks that the San Bernard, then at Galveston under command of D. H. Crisp, be repaired so as to join the squadron. She was not repaired, but was blown ashore by a storm in the month of September.

On September 26, Moore received from Acting Secretary of War and Marine M. C. Hamilton a communication, dated September 15, containing the following statements and instructions: ²⁴

I enclose herewith, a copy of Proclamation, issued by His Excellency the President, revoking the order of blockade, published in March last, in reference to the ports on the coast of Mexico. Your “sealed orders” [for the renewal of the proclamation], dated 27th July, from this Department, are by consequence rescinded, and are hereby countermanded ... You will not however, relax your exertions in consequence of it, nor will your activity on the Gulf be in the smallest degree impeded thereby. ... You will proceed to sea without further orders; and ... open your “sealed orders,” which are herewith transmitted.

The proclamation revoking that of the 26th of March gives for its reasons that: ²⁵ “treaties of recognition, amity and commerce have been concluded with Her Majesty's Government of England, in which stipulations are entered into embracing the recognition of Texian Independence by Mexico:” and “that mediation is now employed, as well as an offered mediation by the Government of the United States of the North.” And it goes on to state that, these countries being desirous that the blockade should cease, Texas, being under many obligations to them, therefore revokes the order of blockade; and only Mexican war vessels and vessels bound for Mexican ports laden with contraband of war will be liable to capture.

The sealed orders enclosed with the secretary's letter were opened by Moore on April 19, 1843, after leaving the bar of the Mississippi and he found that they directed him to cruise up and down the Mexican coast capturing all Mexican vessels he might fall in with, “both armed and merchantmen,” and capturing cities and laying contributions upon them. They contained the following general statement: “The Department having great confidence in your capacity and discretion as well as your knowledge of international law, deems it unnecessary to give more detailed or particular instructions.”

A letter from Moore of October 14 reports, among other things, that on October 1 two midshipmen, F. R. Culp and George R. White, had fought a duel in which Culp was mortally wounded; and that on October 11 Captain Robert Oliver, commanding the marine corps, had died on board the sloop of war Austin of congestive fever. The same letter states that Moore has made every effort to raise funds, without success. On October 26 he again writes to the department that he cannot get to sea if the government does not furnish him with the means, that the terms of many of the seamen are expiring, and that unless they are paid it will be useless to endeavor to ship another crew. On November 5, Moore received a communication from the secretary of war and marine dated October 29, which said, among other things:

With respect to the detention of the squadron, I am instructed by His Excellency the President, to say, that he regrets it exceedingly—that it was very much to be wished that it could have been upon the Gulf; but that all the funds placed by Congress at the disposition of the Government for that branch of the public service, have already been placed at your command. ²⁶

Moore comments on this statement as follows: “Strange as it may appear, not one dollar of the $97,659 appropriated in July 1842, had been or has ever been to this day placed at my command.” In a communication from Hamilton to Moore, dated January 2, 1843, this assertion is acknowledged. Moore says, “The evident intention of this paragraph in the letter, was to impress the belief on the minds of the members of Congress while in `secret session,' (which was no doubt then resolved on by His Excellency) that I had received the whole of both appropriations. . . . Moreover, I have been informed by several members that such was their conviction.”

Hamilton's letter of October 29 goes on to say:

Nothing has been received in reference to the schooner San Antonio since she sailed for the coast of Yucatan in August last. Has she since returned?

If you cannot with the means at your command, prepare the squadron for sea, you will immediately with all the vessels under your command sail for the port of Galveston.

This last clause contains the “order” to which President Houston in his proclamation of March 23, 1843, ²⁷ refers as that for Moore's return to Galveston. This is the order that according to the proclamation was reiterated in the other orders that were disobeyed, and is the text for the various charges made against Moore of contumacy, disobedience of orders, mutiny, and piracy. If the reader examines the order critically, he can see that it was a provisional order for Moore to return to Galveston, if he found it impracticable to carry into execution the government's positive orders to prepare for operations against the enemy, which was still the desire of the government. Moore states that if this had been an unequivocal order for his return to Galveston, he would have been fully justified in postponing the execution of the order; for the enemy was daily expected upon the Texan coast, and the government of Texas would certainly not wish him to return to sea when unprepared to make such a defense as the vessels under his command ought to make. ²⁸

On November 19, 1842, Moore received from Acting Secretary Hamilton a letter, dated November 5, 1842, in which appears the following: ²⁹

Nothing can now be done with the San Bernard until appropriations are made for her repair. I much fear she is lost to the Government, and from accounts there is much reason to fear that the San Antonio is also lost, with those on board. If so, and it is impossible to fit out the two remaining vessels for efficient service, they had much better be in Galveston harbor than in a foreign port. With the hope, however, that some kind fortune may have enabled you to accomplish your purpose, I have the honor to be, etc.

The inference to be drawn from this, which is another of the “orders” cited in Houston's proclamation of March 23, 1843, is that if by any good fortune Moore can get his vessels to sea and cruise on the Mexican coast, he is to do so and the government will rejoice; but if not, then he is to come to Galveston.

The fears expressed regarding the San Bernard and San Antonio proved to be only too true. On September 22, 1842, Lieutenant D. H. Crisp writes Commodore Moore: ³⁰

The gale . . . drove me on shore and left me here in two and a half feet water. . . . I am getting everything out and putting on board the Galveston. . . . I am rather shorthanded, having but 20 men, and four on the “list.” . . . I think it will take me about two weeks from this to get afloat. . . .

October 24, Crisp writes Moore again, saying: ³¹

I presume the best plan will be to repair her [the San Bernard] thoroughly and launch her— . . . at present I am doing nothing to her—my provisions will last about three days more, and then unless I hear something from the department I shall be obliged to discharge my men.

The navy appears to be hard up, and I think we are finished. . . .

I hope we may hear something from the “San Antonio” by the next arrival—I much fear that gale which drove me ashore capsized her—with my yards down it laid me on my beam ends, and I believe would have capsized me if she had not driven ashore. . . .

The boat has just arrived from Houston, and brought me no news from the department. . . . so I shall be obliged to discharge my men immediately, and when the officers have eaten up the rest, I presume they must discharge themselves.

From the Archer Crisp wrote on November 2 that he had received a letter from the Department informing him that nothing could be done for him, and that he must do the best he could. On November 8, Moore sent Lieutenant Crisp from New Orleans such rations as he needed. These extracts from the letters of Crisp will serve well to show to what straits the naval officers were put to secure even the necessities of life.

The third of the “orders” cited by Houston in his proclamation against Moore was dated November 16, 1842, and was received December 1. ³² It simply instructs him to “carry out the instructions heretofore issued by the department, under date of 29th October and 5th November.” Commodore Moore, on December 2, 1842, made reply to this letter, saying among other things: ³³

The San Antonio sailed from Galveston on the 27th August first for Matagorda and then for the coast of Yucatan—she having on board over three months provisions. . . . I did not mention her having sailed or the nature of her cruize, deferring it until her return, which I have been anxiously expecting for more than a month—but from news received from Campeche, two days since, up to the 15th November she had not been heard from, and I very much fear that she foundered or was capsized in one of the three heavy gales of September and October. The object of the cruize was to reconnoiter off the coast of Yucatan, and in the event of the people of that country holding out against the troops of Santa Anna, Lieu't Com'g Seeger was to communicate with the Governor and endeavor to obtain funds to fit out the Navy.

I received a letter from the Secretary of War and Marine of Yucatan in the early part of November, from the tenor of which I have been expecting funds from that quarter, but . . . I fear that nothing can be expected, . . . for the enemy are upon them by both sea and land. . . .

I have been compelled to discharge within the last month about thirty men, whose term of service have expired, and had not one dollar to pay them off; . . . and on the 14th inst. there are not more [than] six men in both vessels whose term of service will not have expired. Under this state of things the department will see the utter impossibility of moving the vessels from their present anchorage without means to ship seamen, . . . neither can towage or pilotage be obtained on the credit of the Government. . . .

If I had money to ship a crew and purchase the balance of our provisions and clothing . . . I could sail in a few days, and as the enemy are now on the Gulf (blockading Campeche) . . . I would not hesitate attacking them with this ship and the brig Wharton—every officer in the service is anxious, exceedingly anxious, to get off.

In this letter Commodore Moore also sends to the auditor the returns of the pursers, N. Hurd and F. T. Wells, up to the quarter ending October 1, 1842. And again he speaks plainly of his desire to form an alliance with Yucatán, and indicates that Commander Seeger is there for that purpose as he has been at a previous time during Houston's administration. Afterwards Moore was denounced as a traitor for carrying out this plan; but the statement of his wish to do so evokes for the time no criticism whatever.

On the same day that Moore sent this letter to Texas, the acting secretary of war and marine sent a letter to Moore at New Orleans, which President Houston in his proclamation represents as the fourth order that was disobeyed. The letter merely states: ³⁴ “Sir:—When you shall have arrived at Galveston and prepared your returns, as heretofore instructed, you will immediately proceed to this place, and report to the department in person.” In reply to this fourth order, Moore writes December 19: ³⁵

I forward the muster rolls of the sloop “Austin” and the brig “Wharton” by which the department will see how many men we have to take care of the vessels. I am still making every exertion in my power to raise money to ship a crew and get out of the river; nothing from Yucatan since last I wrote—have definite information that the Mexican steamer “Montezuma” is on her way to Vera Cruz.

On January 12, 1843, Moore received from the navy department the fifth order named in the proclamation as having been disobeyed. It is dated January 2, 1843, and reads: ³⁶

Your communication of the 19th ult, enclosing muster rolls of ship Austin and brig Wharton has been received. Any expectations that may have been entertained of realizing or in any manner making available the appropriation of the extra session of Congress, will certainly end in disappointment. It was subject, from the first, and still is, to such contingencies as to render it a dead letter on the statute books. . . . You will, therefore, report in conformity (if practicable) with your previous orders, at Galveston.

It should be noted that the last order rests on the condition “if practicable,” and that the letter transmitting it acknowledges receipt of the muster-rolls which Moore had sent to prove the impracticability of moving the vessels at that time. He had also become involved by the use of his credit to obtain supplies. It was apparently impossible, unless by the use of his already overstrained private resources, to move the vessels even to Galveston. The only hope that remained was that Yucatán, now closely besieged by Mexico, would advance the means for defeating the common enemy. Through two friends Commodore Moore received aid to dispatch a very fast pilot-boat, the schooner Two Sons, to Yucatán with a proposition to the governor of that state. It was dated on the sloop of war Austin, New Orleans, January 17, 1843, and the most essential part of it is as follows: ³⁷

His Excellency, the Governor of Yucatan. Sir—

. . . In the latter part of August last, I dispatched the schooner of war San Antonio to Yucatan with letters to His Excellency, Governor Mendez, containing certain propositions on my part, the tenor of which were, that if the government of Yucatan, would send to me the sum of $20,000 to fit the vessels under my command for sea, I would pledge myself to sail forthwith for your coast and protect it from the invading force of the Government of Santa Anna . . . The object in sending this communication to you now, in this manner, is to renew those propositions . . . if your Excellency will send to me by the schooner which conveys this, the sum of $8,000, I will, as soon after its reception as the utmost haste and dispatch will admit of, sail for your coast, [and] attack forthwith our common enemy, who are now blockading your ports. . . .

E. W. Moore.

This proposition was favorably received by the governor of Yucatán, and Colonel Martin F. Peraza was sent to New Orleans with the money for which Moore had asked and with authority to conclude an agreement whereby Yucatán might obtain the services of the Texan fleet. The agreement was signed at New Orleans, February 11, 1843. ³⁸ It was quite similar to the one that President Lamar had made with Peraza, as the agent of Yucatán, September 17, 1841. ³⁹ The essence of it was that on condition of receiving from Yucatán money enough to get the Texan fleet to sea, Moore should sail as promptly as possible to Campêche and attack the Mexican squadron which was then blockading that port; and that after capturing this squadron he was to continue his coöperation with the Yucatecan government until the Mexican army should also be forced to surrender, for which service he was to receive eight thousand dollars per month. On February 24, Moore wrote to Acting Governor Barbachano of Yucatán ⁴⁰ that he hoped to sail within a week.

The next day, however, arrived Colonel James Morgan and William Bryan, who had been appointed by President Houston commissioners to carry into effect a secret act for the sale of the Texan navy passed by the Texan Congress January 16. ⁴¹

By the same steamer that brought them, Moore received a letter from Secretary of War and Marine Hill, which he opened in the presence of Colonel Morgan. It contained the sixth and last order cited in President Houston's proclamation of March 23 as having been disobeyed. On January 27 a letter was presented to Commodore Moore from the commissioners, enclosing another letter from the department of the same date as that previously received. The letter from the commissioners read:

New Orleans, Monday 27th February, 1843.

Sir:—You will receive herewith a letter from the Hon. Secretary of War and Marine of the Republic of Texas in regard to the vessels of the Republic under your command in this port: and we should be glad to receive your report with as little delay as practicable.

We have the honor to be,  With every respect,  Your obedient servants,  J. Morgan,  Signed  Wm. Bryan.  To Commodore E. W. Moore,  Commanding Texas Navy.

The enclosed order read:

Department of War and Marine,  Washington, 22nd January, 1843.  To Commander J. T. K. Lothrop,  Or officer in command of Navy,

Sir:—Immediately upon the reception of the order you will report the condition of the vessels, the number of officers and seamen under your command, to Wm. Bryan, Sam'l M. Williams and James Morgan, who have been commissioned by the President to carry into effect a secret act of Congress with regard to the Navy, and you will act under and be subject to the order of said commissioners, or any two of them, until you receive further orders from this department.

I have the honor to be,  Your obedient servant,  Signed G. W. Hill,  Secretary of War and Marine.  [Endorsed:]  Received February 27.

Moore was recognized by the commissioners as the officer in command of the navy, and therefore as the proper recipient of the order they enclosed to him. But they had previously delivered him an order bearing the same date—January 22—from Secretary Hill directing him to leave the Texan vessels under command of the senior officer present and report without delay to the Department of War and Marine at Washington. Moore's explanation of his conduct in the premises is that he followed a well known military rule in obeying the order received last, there being no priority of date. ⁴²

Everything that passed between Moore and the commissioners was apparently harmonious; no serious misunderstanding seems to have arisen; they seem to have had entire confidence in Moore and to have acquiesced in his every suggestion; and there is no protest on record from either Morgan or Bryan. According to the orders Moore had received and obeyed, he was to be guided by what any two of them agreed upon. There was no friction, and they agreed on all matters. Then, was not everything done in a legal way? And if any one was to blame, was it not the commissioners rather than Moore? Their instructions read that “should sickness or any other cause prevent the commissioners from acting jointly, they or either of them, may act in all things separately and singly, but not adversely.” ⁴³ Another point in their written instructions was as follows: “Should Post Captain E. W. Moore, not forthwith render obedience to the orders of the department with which you are furnished, you will have published in one or more newspapers, in the city of New Orleans my proclamations.”

On March 10, Moore wrote a letter to the secretary of war and marine ⁴⁴ fully explaining his plans and purposes and his obligation to comply with his agreement with the Yucatán government. The arrangement, he said, was one greatly to the advantage of Texas, and could be ended any time that Texas so desired.

On April 3, 1843, Moore received from Acting Secretary of War and Marine Hamilton, in a letter dated March 21, 1843, the following order: ⁴⁵

In consequence of your repeated disobedience of orders, and failure to keep the Department advised of your operations and proceedings, and to settle your accounts at the Treasury, within three, or [at] most six months, from the receipt of the money which has been disbursed, as the laws require, and as you were recently ordered to do, you are hereby suspended from all command, and will report forthwith, in arrest, to the Department in person.

On receipt of this Commodore Moore at once wrote the following letter to the commissioners: ⁴⁶

Texas Sloop of War Austin,  New Orleans, April 4th, 1843.  Gentlemen—

The communication, dated 21st March, from the Department of War and Marine, was handed to me by one of you on the evening of the 3rd instant, and as there has been and is a singular erroneous opinion in the mind of the Executive in relation to my acts and motives, both of which are most seriously impugned, in order to preserve the Navy, (now ready for sea, with the exception of a few seamen) and save my own reputation, it is absolutely necessary that the tenor of the communication referred to above, should not be known to anyone until we arrive at Galveston, for which place I will sail direct, as soon as I get to sea; on my arrival, I will proceed in person to the Seat of Government agreeably to orders, and on my arrival at that place I feel assured that I can satisfy His Excellency the President, that so far from having any disposition to disobey orders, I have used every possible exertion to get the vessels in such a condition that I could venture on the Gulf. . . .

My “sealed orders” having been countermanded and other issued, I would be pleased if both, or either of you take passage to Galveston in the ship with me. . . .

I have the honor to be,  With high regard,  Your obedient servant,  E. W. Moore,  Commanding Texas Navy.  Messrs. J. Morgan and Wm. Bryan, New Orleans.

This letter gave entire satisfaction to the commissioners, and they united in the desire that Moore retain command of the vessels. ⁴⁷ That the commissioners were entirely satisfied with Moore's action is shown by the fact that neither of them thought it necessary to publish Houston's proclamation; and they assured Moore that they were empowered by the president to act separately when it was not convenient for them to act jointly. ⁴⁸ They made this statement to Moore, as he says, because he hesitated to act on the authority of one; and this he claims to have satisfied him.

XV. ENGAGEMENTS OF TEXAN AND MEXICAN NAVIES OFF THE  YUCATÁN COAST AND HOUSTON'S PROCLAMATION  AGAINST MOORE.

Commodore Moore left New Orleans with the ship Austin carrying eighteen guns and a complement of 146 men, and the Wharton with sixteen guns and 86 men, on the 15th of April, 1843. He was accompanied, in obedience to his invitation, by Commissioner James Morgan; and with him went also Colonel William G. Cooke, afterwards adjutant general of Texas. He arrived at the Balize on the 17th, and was there detained by the fog until the 19th. On the 18th the American schooner Rosario arrived and anchored near him, having had a passage of three and one-half days from Campeche. She brought intelligence of the capitulation of the Mexican troops under General Barragan, near the city of Mérida, and of the division of the Mexican squadron, the Montezuma being off Telchac. On leaving the mouth of the Mississippi, the direction of the cruise was changed, at the suggestion of Colonel Morgan, from Galveston to Yucatán. The reasons for this were given by Morgan himself in his testimony before the court-martial by which Moore was afterwards tried. ⁴⁹ In answer to questions from Moore, he said that while the Texan vessels were still within the Mississippi River, there came on board the Austin the captains of two vessels who stated that they were just from Campêche; that the Mexican and Yucatecans were about to settle their difficulties; that Barragan and Lemus had capitulated; and that Ampudia was understood to be planning an expedition against Galveston. The witness had therefore hazarded the responsibility of suggesting to Moore to go by Yucatán, on the way to Galveston, to prevent if possible the formidable invasion of Texas that Houston had predicted. He expressed his conviction that Moore, without this suggestion, would have gone straight to Galveston. In a letter to Moore, dated June 3, 1843, ⁵⁰ which harmonizes, so far at goes, with the evidence given before the court-martial, Morgan states that he wrote from the Balize near the mouth of the Mississippi to his colleague Bryan, who was still at New Orleans, not to go to Texas at once, nor to write to the Department of War and Marine till he heard further from Morgan himself; for information obtained on the outward voyage might turn the squadron again towards Galveston. And Moore says that he and Morgan had received, just before leaving New Orleans, information that they regarded as credible to the effect that Mexico had pledged herself to England, in case she failed to prove her ability to reconquer Texas by taking Galveston before May 15, to agree to an armistice. ⁵¹

Moore now sailed direct to Yucatán, and being much delayed by adverse winds, arrived at Telchac April 27, one day too late to meet the Montezuma. On the next afternoon he communicated with Sisal, where he learned that the Montezuma had passed but a short time before. On the evening of the 29th, he anchored within fifteen miles of Lerma, and the following morning at four o'clock got under way. ⁵²At daylight the Austin, under Moore's command, and the Wharton, under Captain Lothrop, discovered two large steamers, two armed brigs, and two armed schooners bearing down, evidently to attack them. The Texan vessels prepared for action and headed directly for the enemy. At 7:35 the Mexicans began firing. Some of the shot passed over the Texan vessels, and some fell short, but none reached their aim. At 7:50 the Texans began replying, and the engagement lasted till 8:26, when the Mexican vessels passed out of range of the Texan fire.

Moore then cast anchor within seven miles of Campêche. At 11:15 the two steamers again approached, and the fight was renewed between them on one side and the Austin and Wharton, assisted by two schooners and some gunboats belonging to Yucatán, on the other. At 11:40 the Texans, finding that their shot did not reach the Mexican vessels, again ceased firing. At 1 p. m. a few more shots were exchanged, but the distance made them ineffective. In the course of the engagement, the Austin was struck by one shot, which did no great damage. The Wharton had two men killed and four wounded. The Mexican vessels fared worse, losing fourteen men killed and thirty wounded. The Guadalupe had seven killed, and a number wounded. ⁵³

The relatively great loss in killed and wounded on the Mexican vessels is accounted for to no small extent by the fact that they carried much larger crews than the Texan vessels. They should have inflicted far more damage than they did; for the Montezuma, Guadalupe and Eagle carried in the aggregate four 68-pounders; six 42-pounders; two 32-pounders; and six 18-pounders, all Paixhan guns; besides, the Mexican fleet had the inestimable advantage of possessing two steamers. The vessels of the Yucatán squadron joined those of Texas during the fight, and in any estimate of relative strength must, of course, be counted with them. While the combined fleet carried two guns more than the Mexican, the broadside was very much lighter. Colonel Morgan testified ⁵⁴ that the entire crew of the Texan vessels considered the affair a jubilee occasion, and the only regret was that they could not close with the Mexicans and fight it to a finish. He adds that both Commodore Moore and Captain Lothrop managed and fought their vessels handsomely. The wounded men of the Wharton were sent to the hospital at Campêche and were soon able to be about.

On Tuesday, May 2, Moore, after giving his crew one day's rest, endeavored to bring the enemy into action; but with their three steamers,—for they had now been re-enforced by the arrival of the Regenerador—they were able to keep directly to the windward of him and out of firing range. Moore maneuvered for three days without bringing the Mexicans to action; but on the afternoon of May 5 several ineffective shots were exchanged. On the 7th, a few minutes after sunrise, he undertook to close with the Mexican vessels; but they fled under steam and soon left the Austin and Wharton behind. Not a shot was fired during the day. In order to give his crew a little rest, Moore ran into Campêche on the afternoon of May 7 and anchored, waiting for a breeze to resume his maneuvers, while the Mexican ships anchored off Lerma, some six miles away. On the 10th he took advantage of the opportunity to send a dispatch to Secretary Hill ⁵⁵ acquainting him with the doings of the squadron.

Moore found on reaching Campêche that an armistice existed between Yucatán and Mexico, and that a treaty of amity was being negotiated under the impression that the Texan squadron would not come to the relief of Campêche. The naval battle of April 30 prevented the completion of the arrangement. While the vessels were at Campêche, the governor of Yucatán offered the loan of two long 18-pounders for the Austin and one long twelve for the Wharton, which Moore was glad to accept, and which proved very useful in the action that came a few days later. With the consent of the governor, these two guns were afterwards brought to Galveston.

On May 16, Moore succeeded in engaging the Mexican squadron again, and this time there was much sharper work. ⁵⁶ The firing was begun by the Mexicans at 10:55, with the Austin about two and a half miles distant, the Wharton about one-fourth of a mile further, and the Yucatán squadron in shore near these two. At 11:05 the Austin replied with its long eighteen, and the Wharton began firing also. The engagement soon became warm and lasted until 3 p. m., when the Guadalupe ceased firing, and the Mexican vessels could no longer be brought to close quarters. In the course of the fight, the Austin was considerably damaged and lost three men killed and twenty-one wounded. The minutes of the action state that at one time Moore ran his ship directly between the Montezuma and the Guadalupe in seeking to close with them. The Wharton lost two men killed by the bursting of a gun, but was not struck by the Mexican shot at all. The Mexican vessels suffered greatly. The Montezuma was badly damaged, and the Guadalupe almost disabled; and the loss in killed and wounded on the two vessels, according to the testimony of an English deserter from one of them, amounted to 183. ⁵⁷ In this fight, owing to the short range of its guns, the Yucatán squadron took no part. The Texan vessels threw a much heavier broadside than the Mexicans; but, inasmuch as the distance at which the greater part of the firing took place made all except the long range guns unavailable, little can be inferred from the gross comparison. As Moore expressed it, the Paixhan 68-pounders of the Mexican vessels were tremendous guns, and the “hum” of their missiles was a “caution.”

Among those killed in this engagement was Frederick Shepherd, who was one of the men charged with mutiny on board the San Antonio, but was acquitted. He was captain of a gun on board the Austin, and behaved himself with such gallantry as to win from Moore the strongest commendation.

On June 1, 1843, Colonel Morgan came on board the Austin from Campêche, bringing with him a proclamation by President Houston. This proclamation, though dated March 23, was not published until May 6, 1843. It is as follows:

PROCLAMATION.  BY THE PRESIDENT OF THE REPUBLIC OF TEXAS. ⁵⁸

Whereas, E. W. Moore, a Post Captain commanding the Navy of Texas, was, on the 29th day of October, 1842, by the acting Secretary of War and Marine, under the direction of the President, ordered to leave the port of New Orleans, in the United States, and sail with all the vessels under his command, to the port of Galveston, in Texas: and whereas, the said orders were reiterated on the 5th and 16th of November, 1842: and whereas, he, the said Post Captain, E. W. Moore, was ordered again, 2nd December, 1842, to “proceed immediately and report to the Department in person”: and whereas, he was again, on the 2d January, 1843, ordered to act in conformity with the previous orders, and, if practicable, report at Galveston: and whereas, he was again on the 22d of the same month, peremptorily ordered to report in person to the Department, and to “leave the ship Austin and the brig Wharton under the command of the senior officer present:” and whereas, also, commissioners were appointed and duly commissioned, under a secret act of the Congress of the Republic, in relation to the future disposition of the Navy of Texas, who proceeded to New-Orleans in discharge of the duties assigned them and, whereas, the said Post Captain, E. W. Moore, has disobeyed, and continues to disobey, all orders of this government, and has refused, and continues to refuse, to deliver over said vessels to the said commissioners in accordance with law; but, on the contrary, declares a disregard of the orders of this government, and avows his intention to proceed to sea under the flag of Texas, and in a direct violation of said orders, and cruize upon the high seas with armed vessels, contrary to the laws of this Republic and of nations: and, whereas, the President of the Republic is determined to enforce the laws and exonerate the nation from the imputation and sanction of such infamous conduct; and with a view to exercise the offices of friendship and good neighborhood towards those nations whose recognition has been obtained; and for the purpose of according due respect to the safety of commerce and the maintenance of those most essential rules of subordination which have not heretofore been so flagrantly violated by the subaltern officers of any organized government, known to the present age, it has become necessary and proper to make public these various acts of disobedience, contumacy and mutiny, on the part of the said Post Captain, E. W. Moore; Therefore: I, Sam Houston, President, and Commander-in-Chief of the Army and Navy of the Republic of Texas, do, by these presents, declare and proclaim, that he, the aforesaid Post Captain, E. W. Moore, is suspended from all command in the Navy of the Republic, and that all orders “sealed” or otherwise, which were issued to the said Post Captain, E. W. Moore, previous to the 29th October, 1842, are hereby revoked and declared null and void, and he is hereby commanded to obey his subsequent orders, and report forthwith in person to the Head of the Department of War and Marine of this Government.

And I do further declare and proclaim, on failure of obedience to this command, or on his having gone to sea, contrary to orders, that this Government will no longer hold itself responsible for his acts upon the high seas; but in such case, requests all the governments in treaty, or on terms of amity with this government, and all naval officers on the high seas or in ports foreign to this country, to seize the said Post Captain, E. W. Moore, the ship Austin and the brig Wharton, with their crews, and bring them, or any of them, into the port of Galveston, that the vessels may be secured to the Republic, and the culprit or culprits arraigned and punished by the sentence of a legal tribunal.

The Naval Powers of Christendom will not permit such a flagrant and unexampled outrage, by a commander of public vessels of war, upon the right of his nation and upon his official oath and duty, to pass unrebuked; for such would be to destroy all civil rule and establish a precedent which would jeopardize the commerce on the ocean and render encouragement and sanction to piracy.

In testimony whereof, I have hereunto set my hand and caused the great seal of the Republic to be affixed.

Done at Washington, the 23 day of March, in the year of our Lord, one thousand eight hundred and forty-three, and the Independence of the Republic the eighth.

Signed, Sam Houston.  By the President.  John Hall,  Acting Secretary of State.

On reading the proclamations both Morgan and Moore determined that it would be improper to attempt further hostilities against the enemy, and agreed to sail for Galveston immediately on receipt of sufficient powder to fight their way back if molested. The governor of Yucatán had none to spare; but he sent to New Orleans at once and procured what was necessary for the two vessels and for his own troops. This took several weeks. On the 25th of June the Mexican squadron left the Yucatán coast in the night, and the Texan fleet was in undisputed possession of the Gulf of Mexico. On the 28th of June the Texan vessels left Campêche and on the 30th arrived at Sisal. After remaining at Sisal a week and making such collections as were still due from Yucatán to Texas and paying all accounts made by himself and crew, Moore left the Yucatán coast with the thanks of the people of that country and their best wishes for his future welfare. After stopping at the Alacranes a few hours to catch turtles for his men, who were in need of fresh provisions, the vessels sailed for Galveston and arrived on the 14th of July, 1843.

Thus gloriously for Texas was the Yucatán expedition ended and the object of the cruise attained. The Texan navy rode in triumph upon the Gulf, and Galveston and Texas were free from apprehensions of an attack or invasion from Mexico by sea. That the outcome was so unfortunate for some of its worthy leaders, was no fault of theirs; and notwithstanding the shame brought upon them by Houston, the great majority of the people of Texas applauded and endorsed what they had done.

Notwithstanding Houston in his proclamation states, “that this Government will no longer hold itself responsible for [Moore's] acts upon the high seas,” the government of Texas did nevertheless so hold itself responsible; and he, himself, be it said to his credit, afterwards approved two joint resolutions for the relief of certain disabled seamen, marines, and landsmen wounded in the action of the 16th of May off Yucatán. ⁵⁹ Among the number awarded half pay for life were Dick Streatchout, Thomas Atkins, John Norris, Thomas Barnet, George Davis, James Brown, and Terence Hogan; while Andrew Jackson Bryant was to have the same pension, so long as his disability from wounds should continue.

XVI. DISMISSAL OF MOORE, LOTHROP, AND SNOW FROM SERVICE,  AND TRIAL OF MOORE.

President Houston in his proclamation demanded of all nations in amity with Texas “to seize the said Post Captain, E. W. Moore, and bring ... [him] ... into the port of Galveston, that ... the culprit or culprits [may be] arraigned and punished by the sentence of a legal tribunal.” Yet, strange as it may seem, the president was averse to doing this, when the culprit presented himself; and it was only by Moore's own persistent efforts that he was able to get himself tried at all. On the day of his arrival at Galveston, July 14, he addressed a note to H. M. Smythe, sheriff of Galveston county, saying that, as he had been proclaimed by the president of Texas a pirate and an outlaw, he had voluntarily returned and now surrendered himself for the purpose of meeting the penalties of the law. The sheriff replied on July 15 that, as he had not been asked to take cognizance of the matter, either by the president or by any judicial authority, he did not conceive it incumbent-upon him to do so. ⁶⁰

While Moore was yet on board ship, after reaching Galveston harbor, he received also a note from J. M. Allen, mayor, saying that the citizens and military of the city wished to give him a hearty welcome and begged that the hour of his landing might be fixed in accordance with their purpose. When he came ashore, he was received with the firing of cannon and the applause of crowds. He made a speech denying that he had disobeyed orders; and Colonel Morgan, who landed with him, also addressed the assembled throng, declaring that he assumed the responsibility for the cruise, and that under similar conditions he would do the same again.

On the 17th of July Moore reported his arrival to Secretary Hill; and on the 21st of July he wrote again, saying, among other things. ⁶¹

I am ... anxious to appear before the tribunal which his excellency, the President, has expressed so much solicitude to the world to have me brought before. ⁶²

On July 25, Moore received a letter, dishonorably discharging him from the Texas navy. ⁶³ The charges recited in it are identical with those given in the proclamation of March 23; but in addition, he is charged with piracy, for having acted as commander of the vessels after being suspended, and with murder, for carrying out the sentence of the court-martial in the case of the mutineers of the Sań Antonio. On the same day William Bryan and William C. Brashear informed Moore by letter that Commissioner James Morgan had been discharged on April 3 and Brashear appointed in his stead; also that Commander J. T. K. Lothrop and Lieutenant C. B. Snow were discharged from the naval service of the Republic of Texas, and that Moore was authorized to turn over the command of the ship Austin to the senior lieutenant on board. Captain Lothrop was to turn the brig Wharton over to Lieutenant William A. Tennison. ⁶⁴ The charges against Lothrop were disobedience, delinquency, and contempt of his superiors in refusing to assume command of the navy on the arrest of Moore, April 3, 1843, or to recognize and obey the order of the Department of War and Marine to the effect. Concerning this, Moore says: ⁶⁵

As an evidence of the extraordinary course which the government has ventured to pursue, in order to crush her victims, I will relate the fact, that the President has dishonorably discharged a patriotic and meritorious officer, in consequence of his failure to execute an order which he never saw—and the authorities knew this fact when the discharge was penned!! The circumstances were these: A sealed letter was handed to Captain J. T. K. Lothrop in New Orleans, from the Commissioners, and was withdrawn by one of them (Col. J. Morgan) a few minutes afterwards, before the Captain went on board of his vessel (where it is customary to open special communications.) It was returned, with the seal unbroken, when solicited by the Colonel who expressed himself pleased that it had not been read, as circumstances had arisen, which rendered its delivery no longer necessary. He gave no intimation of the character of the communication to Capt. Lothrop. All this was done by Col. Morgan with the full concurrence of the other commissioner (Mr. Wm. Bryan.) It now ⁶⁶ appears that the sealed letter contained an order appointing Capt. Lothrop to the command of the squadron in my place—and he has been dishonorably discharged from the service, for not thwarting the Government Commissioners, by ousting me from my command in compliance with a commission or order, which he has not seen to this day!!

Lieutenant Snow was dishonorably discharged for leaving the San Bernard in Galveston, when—as Moore claims—he was literally starved out by the policy of the government, and was going to join the squadron at New Orleans, carrying with him and depositing with Moore some small arms, which were liable to be stolen from the vessel he abandoned.

Moore and Lothrop, and apparently Snow also, acknowledged receipt of the communications dismissing them from the service. Moore had already, in his communication of July 21 to Hill, expressed his readiness and anxiety for trial; and, in his letter of July 28 acknowledging receipt of the notice of his dismissal, Lothrop, after protesting against his treatment, continued as follows: ⁶⁷

I claim and demand, a fair and impartial hearing for the charges brought against me, and as His Excellency and the Department have not thought proper to render me that common justice I shall at the proper time appeal to a higher tribunal.

Seeing that President Houston said nothing, in his annual message of December 12, 1843, concerning the dismissal of Moore, Lothrop, and Snow or the charges against them, Moore appealed to Congress. He gained his point; the naval committees of the House and Senate of the Eighth Congress made a joint report ⁶⁸ that was a complete vindication of Moore's character and conduct. Extracts from it follow:

In this case, Captain Moore was dismissed from a service in which he had made great sacrifices in sustaining the honor and reputation of his country, and deprived of a high and honorable station, which he had dignified by his official conduct and deportment, without a trial or even the semblance of a trial; and if such a course can be sustained or even excused in the functionary pursuing it, it must be under the provisions of some positive law. . . .

The undersigned know of no law that justified it. . . .

If, then, there is found no authority in the Constitution for the exercise of the power which was brought into action on this occasion, the committee are at a loss to know from whence it was derived. If there is any statute which confers it, the undersigned have been unable to discover it; but in their researches upon the subject, they have found a statute, which expressly declares, that it shall not hereafter “be lawful to deprive any officer in the military or naval service of this Republic, for any misconduct in office, of his commission, unless by the sentence of a court martial.” This law . . . has never been repealed. It was therefore in full force and operation on the 19th of July, 1843, when Commodore Moore was dishonorably dismissed, and deprived of his commission . . ., “by the order of the President,” without “sentence of a court martial.”

So direct and palpable a violation of the positive provisions of a statute well known to the Executive at the time he gave the order, cannot be justified. . . .

The undersigned, however, cannot discover in the papers and documents submitted to them, the grievous offenses and crimes imputed to Captain Moore in the letter from the Secretary of War and Navy, conveying to him the order of the President for his dishonorable discharge. . . .

With regard to the first charge, the undersigned have found abundant evidence . . ., showing that he [Commodore Moore] had expended more money for the use of the navy, than he is charged with having received; they therefore consider this charge as wholly groundless. . . .

And thus the committee went through all the charges against Moore, finding them all practically groundless. On the seventh and last charge of “piracy” they comment in their report as follows:

Without investigating this new and singular species of piracy— a species which seems to have escaped the knowledge of most, if not all, the elementary writers on international law, the undersigned deem it only necessary to say, that the facts submitted to them do not sustain the charge. . . . Captain Moore was in command of the squadron by the authority of the commissioners, which command, conferred as it was by lawful authority, was a full and entire removal, for the time being, of the suspension and arrest, which was intended to be imposed by the order of the 21st of March, 1843. . . .

But whether Captain Moore was guilty of treason, murder, and piracy, or not, it forms no justification, in the opinion of the undersigned, for the violation of a positive statute in dishonorably dismissing him from the service without a trial, or an opportunity of defending a reputation acquired by severe toils, privations and hardships, in sustaining the honor and glory of the flag under which he had sailed and fought. If he were guilty, the courts of his country were open for his trial and punishment, and he should immediately upon his return have been turned over to those tribunals; and if not guilty, it was worse than cruel, thus to have branded with infamy and disgrace, a name heretofore bright and unsullied on the pages of our history; and to have driven from our shores, as an outcast upon the world, one whose long and well tried services, all appreciate and approve.

The undersigned, therefore, recommend the adoption of the accompanying resolution,

John Rugeley,  James Webb,  Wm. L. Hunter,  H. Kendrick,  J. W. Johnson,  Levi Jones. 

The resolution recommended in the report, after reciting “that it is due to Post Captain E. W. Moore, to have a full, fair and impartial investigation of the charges,” provides that, as a court-martial composed of naval officers cannot be convened, it is made the duty of the secretary of war and marine to convene, as soon as practicable, a court-martial composed of the major general of the militia, at least two brigadier generals, and other officers next highest in rank, who are to constitute a naval court-martial. It was passed by Congress, and Houston approved the resolution itself, ⁶⁹ if not the finding. The court was composed of Major General Sidney Sherman, Brigadier General A. Somervell, Brigadier General E. Morehouse, Colonel James Reily, and Colonel Thomas Seypert; with Thomas Johnson as judge advocate. The trial commenced August 21, 1844, and closed December 7, 1844; and the decision was made public through the press January 11, 1845. The charges against Moore were willful neglect of duty, with six specifications; misapplication of money, embezzlement of public property, and fraud, with three specifications; disobedience to orders, with six specifications; contempt and defiance of the laws and authority of the country, with five specifications; treason, with one specification; and murder, with one specification. The court found him guilty under four specifications of the charge of disobedience, and not guilty of all the other charges. The report of the joint naval committee of the two houses of the Eighth Congress will show that the orders included in the four specifications of the third charge were in part conditional, and that the others Commodore Moore could not carry out and so reported upon the receipt of them. ⁷⁰ Thus it will be seen that out of twenty-two specifications Moore was found not guilty of eighteen, and guilty, but in manner and form only, of four. Not guilty was the real verdict of the court and of the people, and it was so recorded by the only historian ⁷¹ that mentions the court-martial proceedings. Houston himself considered it a full and complete victory for Moore as evidenced by his vetoing the findings of the court with the statement, “The President disapproves the proceedings of the court in toto, as he is assured by undoubted evidence, of the guilt of the accused in the case of E. W. Moore, late Commander in the Navy.”

XVII. FINAL DISPOSITION OF THE VESSELS OF THE NAVY.

When Moore and Lothrop returned on the 14th of July, 1843, to Galveston, with the Austin and the Wharton, the Texas navy had come to an end so far as active service is concerned. It is true, however, that officers were still on the pay-roll, and if the occasion had come for the use of the vessels they could have been used with much effect. That the navy was intended to be used offensively if necessary, may be gathered from the provisions of an act approved February 5, 1844, authorizing the secretary of war and marine to contract for keeping the navy in ordinary. ⁷² The contract in the case of the ship Austin, the brigs Wharton and Archer, and the schooner San Bernard was to continue for one year unless those vessels should be required for the public service; and in that case the contractor was to be paid according to contract. It was further provided that the act approved 16th January, 1843, authorizing the sale of the navy, should be repealed.

Several writers have stated that the sale of the navy was never attempted; they probably gained this impression from the fact that the vessels remained in possession of the Republic. But the sale was attempted, as the following extract from an interesting and undoubtedly true account of it will show: ⁷³

All kinds of dire threats were made against any nation or individuals who should have the temerity to bid on the vessels. As the time drew near things waxed to the boiling point. Companies were organized and armed for battle to protect the country from the outrage to be perpetrated upon it. At last the day of sale arrived, the city was full of excited people, and Captain Howe was on hand with his battalion all in uniform and armed to the teeth. At about 11 A. M. an officer of the Republic appeared at the place of sale and announced the property for sale to the highest bidder. The people waited in breathless anxiety and with thumping hearts to see who was going to offer to buy. But after a short suspense it was knocked off to the Republic of Texas. You can imagine the effect of dropping a piece of ice on a white hot iron. The temperature went down like when a blue norther strikes the country. I venture to say; that the warlike spirit of Galveston has never been at so high a pitch, nor never been cooled off so suddenly since.

Lieutenant William A. Tennison was placed in charge of the vessels in ordinary and remained so until late in September, 1844, when, on account of sickness, he was relieved of the command, and William C. Brashear was commissioned to take charge of them, Tennison being directed to report to him. Those who have followed the history of the annexation of Texas to the United States can easily understand why the navy was not needed after being placed in ordinary. It was because the United States government itself undertook the protection of Texas against Mexico from the day on which the treaty of annexation was signed, and because, just previous to that event it ordered a naval force to the Gulf for the purpose. The promise that such action would be taken was made by W. S. Murphy, the United States chargé in Texas, soon after the statute providing that the Texan fleet should be laid up in ordinary was passed. ⁷⁴ The navy of Texas was therefore no longer a necessity; and it was left in ordinary until annexation took place.

The joint resolution by which annexation was effected provided that the Texan navy should be ceded to the United States. The transfer was made by Lieutenant William A. Tennison, who was then in command of the vessels, and he states that it took place in June, 1846. He was left in charge till August, when, finding that he was not recognized as an officer of the United States government, he turned the vessels over to the care of Midshipman C. J. Faysoux. ⁷⁵ The vessels transferred were the ship Austin of twenty guns, the brig Wharton of eighteen guns, the brig Archer, eighteen guns, and the schooner San Bernard, seven guns. ⁷⁶

XVIII. THE OFFICERS OF THE TEXAS NAVY.

When Commodore Moore and Captain Lothrop were discharged from the service by President Houston, the officers of the Texas navy, with but three exceptions, through sympathy with the discharged officers, and as an expression of their displeasure, tendered their resignations. No notice was taken of their action by the Department of War and Marine, and they were virtually in the situation of officers on leave of absence, without pay or the right to engage in any livelihood. ⁷⁷ When annexation was consummated, they fully hoped to be attached to the United States naval establishment on the strength of the clause in the treaty of annexation providing that Texas, when admitted to the Union, should cede to the United States, among other means of defense, her navy. To the destruction of all their hopes, the Navy Department at Washington interpreted this to include only the vessels, and not the officers. Commodore Moore and others of the officers at once prepared a memorial and presented it to the House of Representatives, and it was referred to the committee on naval affairs. The committee, after carefully investigating their claims, reported a bill for their incorporation into the navy of the United States in comformity with the terms of the resolutions of annexation which formed the compact of union between the United States and Texas. ⁷⁸ The method proposed was to repeal the limitation fixed by the statute of August 4, 1842, upon the number of officers and give the president authority to appoint the Texan officers to places in the service, with the proviso that these extra places should not be continued longer than they were held by the incumbents for whom they were specially provided. ⁷⁹ The officers of the United States navy were bitterly opposed to this measure and appointed Commanders Buchanan, Dupont, and Magruder to direct their opposition. Their position was that the proposed arrangement would have the effect of elevating Moore, Tod, and others, who had been only lieutenants while they were in the United States navy, over those who were at that time their superiors; and of giving still others marked promotions without their having undergone due probation service. They interpreted the word “navy” in the resolution of annexation as meaning vessels only, and not including officers. This interpretation was in harmony with the opinion of the Supreme Court of the United States in the case of one of the Texan officers who had endeavored by mandamus to compel Secretary Mason to pay him his salary as an officer of the United States navy. ⁸⁰ In this argument Buchanan, Dupont, and Magruder undoubtedly had the better of the Texans. But when they attempted to deal with the history of the Texas navy their statements are successfully challenged by Moore, and their arguments shown to be fallacious.

Special objections were raised to the appointment of either Moore or John G. Tod as an officer of the United States navy. A bitter fight was made against Moore on the ground that his dismissal from service by President Houston barred him from any participation in the benefits of the bill, even if it should be passed. In the midst of the controversy, a pamphlet containing, among other documents prejudicial to Moore, a copy of the message of President Jones vetoing a bill to return to him a portion of the money he had advanced for the use of the Texas navy on the ground that he was a defaulter, appeared in Washington. The publication and circulation of this pamphlet Moore attributed to Houston, ⁸¹ and in answer he wrote his Doings of the Texas Navy. In reply to the denial of his status as an officer of the Texas navy at the time of annexation, and to the charge of being a defaulter, Moore adduced the resolution of the Senate of Texas adopted June 28, 1845, declaring that his trial by court-martial was “final and conclusive”; ⁸² and two resolutions by the House adopted the same day, one of which declared that the finding of the court fully entitled him to continue in his place as commander of the Texas navy, and the other that the thanks of the Republic were justly due him and those under his command in its service. ⁸³

As to Tod, the United States naval commanders thought he was not justly entitled to be included in the list of officers connected with the Texas navy at the time of annexation, inasmuch as his commission as captain in the navy of Texas from June, 1840, was made out after the United States flag was flying over the Capitol building in Texas. Tod was given his rank by President Anson Jones, who was a bitter enemy of Commodore Moore. Jones interpreted Houston's act dismissing Moore as final and appointed Tod to take his place; and the United States officers claimed that, as Tod had never been confirmed by the Senate, his commission was a nullity. In order fairly to present Captain Tod's position, it is necessary briefly to recount some facts of his career. ⁸⁴ It will be recalled that Moore had charged Tod with negligence when acting as agent, in allowing poor wood to be used in the construction of the Austin. Tod evidently sought redress at the hands of the Texas Congress, for shortly afterwards we find, upon the petition of Captain John G. Tod, a concurrent resolution introduced and passed thanking Tod for “his faithful and important services rendered to the country,” and requesting the president to order a copy of the resolution to be read at the navy yard, on board each public vessel in commission, in the presence of officers and crew, and to be entered upon their log books. The president promptly sent a message vetoing the joint resolution of thanks to Tod; but the resolution was reconsidered January 31, 1842, and passed over his veto. ⁸⁵ There is nothing to show whether or not Moore had to swallow this bitter pill. Captain Tod served Texas as a naval officer until 1842, when, at his own suggestion, in order to curtail the expenses of the government, he yielded his position. In later years when the Texan officers received back pay, Captain Tod was denied the benefits of the arrangement, the secretary of the navy insisting that his commission was void. Texans, however, would not admit the point, claiming that annexation was not fully consummated until the Republic of Texas yielded its power and authority to the State of Texas, which took place on February 19, 1846. Repeated resolutions of thanks and endorsements from the Texas Congress show in what high esteem Captain Tod was held in Texas; and at the request of the Texas senators and representatives Tod was at last paid equally with the other officers connected with the Texas navy at the time of annexation. ⁸⁶ He died in 1878.

The efforts made during the years 1847 to 1850 to get any favorable action from the government of the United States toward Texas naval officers ended in failure. In 1852 the endeavor was renewed; a joint resolution was passed by the Texas Legislature once more instructing the Senators and requesting the Representatives to use their influence to procure the incorporation of the officers into the navy of the United States reciting that “they are justly entitled to the same, as well from the construction of the terms ... [of the treaty], as from their high characters, personal and professional, and the zeal, fidelity, patriotism, and valor with which they sustained the cause of this country during her struggle for Independence.” ⁸⁷ This effort came near being successful, but like the others it finally failed. It was not until 1857 that the few remaining Texan officers received any recognition from the government. The twelfth section of an act approved March 3, that year, ⁸⁸ reads as follows:

And be it further enacted, That the surviving officers of the navy of the Republic of Texas, who were duly commissioned as such at the time of annexation, shall be entitled to the pay of officers of the like grades, when waiting orders, in the Navy of the United States, for five years from the time of said annexation, and a sum sufficient to make the payment is hereby appropriated ...; Provided, That the acceptance of the provisions of this act by any of the said officers shall be a full relinquishment and renunciation of all claim on his part, to any further compensation on this behalf from the United States Government, and to any position in the Navy of the United States.

The survivors benefited by this act ⁸⁹ were E. W. Moore, commodore; Alfred G. Gray, Cyrus Cummings, William A. Tennison, Charles B. Snow, and William Oliver, lieutenants; John F. Stephens and Norman Hurd, pursers; and the widow of Lieutenant A. J. Lewis. To this list must be added the name of Captain Tod, whose pay was turned over to his estate in 1883. Another claimant put in his appearance in 1858. This was Commander P. W. Humphries, ⁹⁰ who was recognized by the Texas Legislature as entitled to the rank of commander in the navy of the Republic from July 3, 1839, to the date of annexation and entitled to pay the same as other officers. The midshipmen were barred by the secretary of the navy, and today the only survivor, so far as I know, George F. Fuller, of Ozone Park, New Jersey, is prosecuting his claim under the act of 1857.

It is a pleasure to note the kindly deed of the United States in thus assisting the former naval officers of Texas, who were almost without exception ill used by Texas, or rather by those in power in Texas. It must be acknowledged, however, that as a matter of right they had not the shadow of a claim against the United States. Even if the interpretation of the word “navy” in the resolution of annexation were construed to include the naval officers, the navy had been practically disbanded when Moore returned from Yucatán, and the officers sent in their resignations. That they should take advantage of annexation to put in a claim was natural; but the officers of the United States navy were right in opposing their admission, and Congress was generous when it allowed them five years' pay.

Below is a list of the officers of the second navy of Texas, which was furnished on application of Commodore E. W. Moore by Adjutant General C. L. Mann. Their appointments were confirmed by the Senate on July 20, 1842, and by order of George W. Hockley, secretary of war and marine, they were to take rank as their names appeared in the list. The dates of their commissions are given, and it is stated whether they were dead or alive on July 31, 1850. It will be noted that over half of them died within the short period of eight years.

Edwin Ward Moore, Post Captain, Commanding April 21, 1839, Alive

J. T. K. Lothrop, Commander July 10, 1839, Dead

D. H. Crisp, Lieutenant Nov. 10, 1839, Dead

Wm. C. Brashear, First Lieutenant Jan. 10, 1840, Dead

William Seeger, Second Lieutenant Jan. 10, 1840, Dead

Alfred G. Gray, Third Lieutenant Jan. 10, 1840, Alive

A. J. Lewis, Fourth Lieutenant Jan. 10, 1840, Alive

J. P. Lansing, Fifth Lieutenant Jan. 10, 1840, Dead

George C. Bunner, Lieutenant Jan. 10, 1840, Dead

A. A. Waite, First Lieutenant Sept. 10, 1840, Dead

William A. Tennison, Second Lieutenant Sept. 10, 1840, Alive

William Oliver, Third Lieutenant Sept. 10, 1840, Alive

Cyrus Cummings, Fourth Lieutenant Sept. 10, 1840, Alive

C. B. Snow, Lieutenant Mar. 10, 1842, Alive

D. C. Wilbur, Lieutenant June 1, 1842, Dead

M. H. Dearborn, Lieutenant July 1, 1842, Dead

R. M. Clark, Surgeon Nov. 22, 1840, Dead

Thomas P. Anderson, Surgeon Sept. 10, 1841, Dead

J. B. Gardner, Surgeon July 20, 1842, Alive

Norman Hurd, Purser Jan. 16, 1839, Alive

F. T. Wells, Purser June 10, 1839, Dead

J. F. Stephens, Purser Sept. 21, 1841, Alive

W. T. Brennan, Purser July 21, 1842, Dead

On Brennan's death, James W. Moore was appointed to take his place. In the list of those officers who petitioned Congress to be incorporated in the United States navy, appears the name of William E. Glenn, ⁹¹ “late master of the line of promotion.” This carefully prepared list, added to the names mentioned in the body of the work, constitutes the personnel of the body of officers of the Texan navy.

A few additional notes regarding some of these may be of interest. William Seeger was commander of the San Antonio when she was lost. A. J. Lewis died some time in the fifties. William A. Tennison was alive in 1858. Thomas P. Anderson, surgeon, had a son, Philip Anderson, who was living in Galveston in 1900. Mrs. R. W. Shaw of Galveston is a granddaughter of Norman Hurd. The midshipmen, being boys at the same time, have naturally been the last survivors. Of these Major John E. Barrow died in New York in 1902; W. J. D. Pierpont died in December, 1903. Of all the officers of the Texas navy, but one is alive today, Midshipman George F. Fuller, of Ozone Park, New Jersey. Commander Lothrop died in 1844 at Houston. Just before his death he took command of the steamship Neptune, running between New Orleans and Texas. But one name remains, and the tale is closed. Edwin Ward Moore finally procured from the Texas Legislature the passage of three acts providing that he should be paid for his services and reimbursed for his expenditures on the navy. It appears that by joint resolution approved by the governor January 24, 1848, ⁹² $11,398.36½ was allowed him. February 23, he was allowed a claim of three thousand five hundred dollars for commanding the navy. ⁹³ Finally on February 2, 1856, was passed an act for his relief, ⁹⁴ by which the treasurer was authorized to pay him $5,290.00, “Provided the said Moore shall first file with the treasurer a full and final release against the Republic and State of Texas for all demands.” It has been asserted that he never received these moneys granted him by Texas. He at any rate received the compliment of having a county named for him in the state. Very little is known of him after 1837, but he made New York his home. He came to Galveston in 1860 and erected the old post-office building in that city. He took no part in the Civil War, and died in Virginia in 1865.

There is no question that Commodore Moore should be classed as one of the heroes of Texas; and this narrative may fitly be closed with the tribute paid him by the foremost officer of the Confederate navy. ⁹⁵

With an energy and ability possessed by but few men, he took hold of the discordant materials which Texas was collecting for the formation of a navy (a work, generally, of time and much patient toil), reduced them to system and order, and presented to the world the spectacle of a well-organized marine, bearing the flag of a Republic, not four years old!

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THE CLOPPER CORRESPONDENCE, 1834-1838. ⁹⁶

NICHOLAS CLOPPER TO J. C. CLOPPER. ⁹⁷

San Jacinto, 9th April 1834.  My Dear Son

A Mr. Thompson from New York is now arrived here via N. O and says one of the Gentn who contracted for my point, ⁹⁸ 1600 acres at $2, is coming on prepared to pay and improve it hand-somely.

You ask wheather we have any protestant preaching, and say you are told that all denominations are tolerated. We have never yet had preaching on our section, but there are a few travelling preachers of difft sects, who preach occasionally but it can not yet in a proper sense be said they are tolerated, but the general expectation is that this will be the case. We are not yet organized in a State Govt. on this subject there appears to be more division than was at first apprehended. Colo Austin is not yet returned, he had started from Mexico, and was brot back and retained a prissoner owing to some expressions in a letter written by him to his friend in Texas,— how this Business will terminate we can not tell, the people are divided among themselves and we have many lofty minded men, who are aspirants to Office. Yet upon the whole Texas must flourish in the end. Men of Capitall and enterprise are continually coming out, etc. ... We shall have the new buildings ready soon and land fenced for Corn etc. Doctr P. has built and improved about 10 miles above Capt. Lyndsay is at work on Trinity, but we expect him daily, to assist on our buildings, he talks of going to Kentucky this Season. You will write immediately on Rect of this, as I think Jun