THE SOUTHWESTERN HISTORICAL QUARTERLY
VOLUME XXX JULY, 1926, TO APRIL, 1927
EDITORS EUGENE C. BARKER HERBERT E. BOLTON ASSOCIATE EDITORS CHAS. W. RAMSDELL E. W. WINKLER CHARLES W. HACKET MANAGING EDITOR EUGENE C. BARKER THE TEXAS STATE HISTORICAL ASSOCIATION AUSTIN, TEXAS 1927The Texas State Historical Association
Organized 1897
PRESIDENT: T. F. HARWOOD
VICE-PRESIDENTS:
ALEX. DIENST A. J. HOUSTON
GEORGE W. TYLER J. L. CLARK
RECORDING SECRETARY AND LIBRARIAN: EUGENE C. BARKER
CORRESPONDING SECRETARY AND TREASURER: CHARLES W. RAMSDELL
EXECUTIVE COUNCIL:
T. F. HARWOOD E. T. MILLER
ALEX. DIENST MATTIE AUSTIN HATCHER
ANDREW J. HOUSTON E. W. WINKLER
GEORGE W. TYLER SAMUEL E. ASBURY
J. L. CLARK ADINA DE ZAVALA
EUGENE C. BARKER HARBERT DAVENPORT
CHARLES W. RAMSDELL INGHAM S. ROBERTS
MRS. ADELE B. LOOSCANMRS. L. N. THROOP
PUBLICATION COMMITTEE: JUDGE T. F. HARWOOD
EUGENE C. BARKER E. W. WINKLER
HERBERT E. BOLTON CHARLES W. RAMSDELL
CONTENTS
- DIARY OF A TEXAN VOLUNTEER IN THE MEXICAN WAR - James K. Holland - 1
- THE MINERAL LAND QUESTION IN CALIFORNIA, 1848-1866 - Joseph Ellison - 34
- CAPTAIN JESUS CUELLAR, TEXAS CAVALRY, OTHERWISE "COMANCHE" - Harbert Davenport - 56
- MEXICO AS A FIELD FOR SYSTEMATIC BRITISH COLONIZATION, 1839 - Annis Heloise Abel, Ph. D - 63
- THE BRYAN-HAYES CORRESPONDENCE, XX - Edited by E. W. Winkler - 68
- BOOK REVIEWS AND NOTICES: J. Fred Rippy, The United States and Mexico - 75
- AFFAIRS OF THE ASSOCIATION - 80
NUMBER 1: JULY, 1926
- CALIFORNIA AND THE NATION, 1846-1869 - Joseph Ellison - 83
- ANTONIO DE ESPEJO AND HIS JOURNEY TO NEW MEXICO - J. Lloyd Mecham - 114
- DIARY OF ADOLPHUS STERNE - Edited by Harriet Smither - 139
- BOOK REVIEWS AND NOTICES: Sears, John Slidell; Marshall, The Life and Papers of Frederick Bates - 156
NUMBER 2: OCTOBER, 1926
- THE GREENBACK PARTY IN TEXAS - Roscoe C. Martin - 161
- EXTRACTS FROM THE REMINISCENCES OF GENERAL GEORGE W. MORGAN - Contributed by Samuel E. Asbury - 178
- DESCRIPTIONS OF THE TEJAS OR ASINAI INDIANS, I - Translated and edited by Mattie Austin Hatcher - 206
- DIARY OF ADOLPHUS STERNE, II - Edited by Harriet Smither - 219
- NOTES AND FRAGMENTS: Exhibition of Relics at Fairfield, Texas - 237
NUMBER 3: JANUARY, 1927
- THE COMMITTEE ON THE TEXAN DECLARATION OF INDEPENDENCE - James K. Greer - 239
- A RECONNOISSANCE OF TEXAS IN 1846 - A. W. Moore (?) - 252
- THE JOURNAL OF CAPTAIN ISAAC L. BAKER - Contributed and edited by C. F. Arrowood - 272
- DESCRIPTIONS OF THE TEJAS OR ASINAI INDIANS, II - Translated and edited by Mattie Austin Hatcher - 283
- DIARY OF ADOLPHUS STERNE, III - Edited by Harriet Smither - 305
- BOOK REVIEWS AND NOTICES - 325
- INDEX - 327
NUMBER 4: APRIL, 1927
SOUTHWESTERN HISTORICAL QUARTERLY
VOL. XXX OCTOBER, 1926 No. 2
Editors EUGENE C. BARKER HERBERT E. BOLTON Associate Editors CHAS. W. RAMSDELL E. W. WINKLER CHARLES W. HACKETT Managing Editor EUGENE C. BARKER- DIARY OF A TEXAN VOLUNTEER IN THE MEXICAN WAR - James K. Holland - 1
- THE MINERAL LAND QUESTION IN CALIFORNIA, 1848-1866 - Joseph Ellison - 34
- CAPTAIN JESUS CUELLAR, TEXAS CAVALRY, OTHERWISE "COMANCHE" - Harbert Davenport - 56
- MEXICO AS A FIELD FOR SYSTEMATIC BRITISH COLONIZATION, 1839 - Annis Heloise Abel, Ph. D. - 63
- BOOK REVIEWS AND NOTICES: J. Fred Rippy, The United States and Mexico - 75
- AFFAIRS OF THE ASSOCIATION - 80
- THE BRYAN-HAYES CORRESPONDENCE, XX - Edited by E. W. Winkler - 68
CONTENTS
The Texas State Historical Association
PRESIDENT:
T. F. HARWOOD
VICE-PRESIDENTS:
ALEX. DIENST, GEORGE W. TYLER,
W. S. RED J. L. CLARK
RECORDING SECRETARY AND LIBRARIAN:
EUGENE C. BARKER
CORRESPONDING SECRETARY AND TREASURER:
CHARLES W. RAMSDELL
EXECUTIVE COUNCIL:
PRESIDENT T. F. HARWOOD,
VICE-PRESIDENT ALEX. DIENST,
VICE-PRESIDENT W. S. RED,
VICE-PRESIDENT GEORGE. W. TYLER,
VICE-PRESIDENT J. L. CLARK,
RECORDING SECRETARY AND LIBRARIAN EUGENE C. BARKER,
CORRESPONDING SECRETARY AND TREASURER CHARLES W. RAMSDELL,
EX-PRESIDENT MRS. ADELE B. LOOSCAN,
FELLOWS MATTIE AUSTIN HATCHER FOR TERM ENDING 1927.
E W. WINKLER FOR TERM ENDING 1928.
INGHAM S. ROBERTS FOR TERM ENDING 1929.
MEMBERS JACK DOTY FOR TERM ENDING 1927.
SAMUEL E. ASBURY FOR TERM ENDING 1928.
ADINA DE ZAVALA FOR TERM ENDING 1929.
HARBERT DAVENPORT FOR TERM ENDING 1930.
MRS. L. N. THROOP FOR TERM ENDING 1931.
PUBLICATION COMMITTEE:
JUDGE T. F. HARWOOD
EUGENE C. BARKER, E. W. WINKLER,
HERBERT E. BOLTON, CHARLES W. RAMSDELL.
The Association was organized March 2, 1897. The annual dues are three dollars. THE QUARTERLY is sent free to all members.
Contributions to THE QUARTERLY and correspondence relative to historical material should be addressed to Eugene C. Barker, Austin, Texas, or to Herbert E. Bolton, Berkeley, California.
Other correspondence may be addressed to The Texas State Historical Association, 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:
ADAMS, PROF. E. D. MARSHALL, PROF. THOMAS MAITLAND
BARKER, PROF. EUGENE C. MCCALEB, DR. W. F.
BATTS, JUDGE R. L. MILLER, PROF. E. T.
BOLTON, PROF. HERBERT EUGENE NEU, MR. C. T.
BUCKLEY, MISS ELEANOR C. RAMSDELL, PROF. CHAS. W.
CASIS, PROF. LILIA M. ROBERTS, MR. INGHAM S.
CHAPMAN, PROF. CHAS. E. SMITH, PROF. W. Roy
CHRISTIAN, DR. A. K. SMITHER, MISS HARRIET
CLARK, PROF. ROBERT CARLTON TUCKER, MR. PHILIP C. 3rd
COOPER, PRESIDENT O. H. TYLER, JUDGE GEORGE W.
COX, PROF. I. J. VILLAVASO, MRS. ETHEL RATHER
DIENST, DR. ALEX WEBB, PROF. W. P.
DUNN, DR. WILLIAM EDWARD WEST, MISS ELIZABETH H.
ESTILL, PROF. H. F. WILLIAMS, JUDGE O. W.
HACKETT, DR. CHAS. W. WINKLER, MR. ERNEST WM.
HATCHER, MRS. MATTIE AUSTIN WORLEY, MR. J. L.
LOOSCAN, MRS. ADELE B. ZAVALA, MISS ADINA DE
MANNING, DR. WILLIAM RAY
The constitution provides also that "Such benefactors of the Association as shall pay into its treasury at any one time the sum of fifty dollars, or shall present to the Association an equivalent in books, MISS., or other acceptable matter, shall be classed as Life Members."
The Life Members at present are:
ALLEN, MR. WILBUR P. KIRBY, Mn. JNO. H.
ARMSTRONG, MR. B. W. MCFADDEN, MR. W. P. H.
ARNOLD, M. L. MILBY, MRS. C. H.
AYER, MR. EDWARD EVERETT MINOR, MR. F. D.
BAKER, MR. R. H. MOODY, COL. W. L.
BEAZLEY, MISS JULIA MOORE, MRS. JNO. M.
BENEDICT, PROF. H. Y. MOREHEAD, MR. C. R.
BUNDY, MR. Z. T. NEALE, MR. WM. J.
CLAYTON, MR. W. L. PARKER, MRS. EDWARD W.
COCHRANE, MR. SAM P. PEARCE, PROF. J. E.
COURCHESNE, MR. A. PEDEN, E. A.
CRANE, MR. R. C. PERRY, MRS. EMMETT L.
DAVIDSON, MR. W. S. RADFORD, MR. J. M.
DEALEY, MR. GEORGE B. RICE, MR. J. S.
DILWORTH, MR. THOS. G. RICE, HON. W. M.
DONALDSON, MRS. NANA SMITHWICK ROTAN, MRS. EDWARD
FARRISH, MR. W. S. RUGELEY, MR. HENRY
FORTMAN, HENRY F. SCHMIDT, MR. JOHN
GILBERT, MR. JOHN N. SCHREINER, MR. CHARLES
GLEASON. REV. JOSEPH M. SEVIER, MRS. CLARA D.
GUNNELL, MR. W. N. SINCLAIR, MR. J. L.
HANRICK, MR. R. A. STARK, MR. H. J. L.
HARWOOD, T. F. TERRY, MR. WHARTON
HEFLEY, MR. W. T. THOMPSON, MR. BROOKS
HOGG, MR. WILL C. TODD, MR. CHARLES S.
HOUGHTON, MISS KATE. WALKER, MR. J. A.
HOUSE, MR. E. M. WASHER, MR. NAT M.
HYDE, MR. JAMES H. WEBB, MR. MACK
JONES, MR. ROLAND WILLACY, HON. JOHN G.
KENEDY, MR. JNO. G. WILLIAMS, JUDGE O. W.
Vol. XXX JULY, 1926 No. 1
The publication committee and the editors disclaim responsibility for views expressed by contributors to THE QUARTERLY
Diary of the march of 17th Rangers—Mounted company of Texas volunteers—Kept by James K. Holland on 24th May—the day of our departure from Harrison county [Texas]—Company commanded by Capt Bird Holland. We left Elysian Field on this day about 11 o'clock—for the Rio Grande—women in tears, God bless them—their tears would make a recreant brave— we all felt gloomy of course for such a separation I look upon as worse if possible than death—for when death comes upon us the grief subsides and now we are parting from our friends perchance never to meet again—which leaves them in miserable suspense as to our future fate but such is the call—let us respond like men—like Texians.
After our gloomy reflections passed away—six cheers was echoed—re-echoed through camp—to the Donor of our Colors—the motto she gave with it will long, long be remembered—the motto will be Leona memoria in eterna—Thought of our parting state crept upon us until we crossed the Sabine (4 o'clock) when a general drunken spree ensued at the expense of J. M. Pelham he too sharing a goodly portion—Myself keeping him very good company—Thence to camp Egg—2 miles up the River when fun, frolic, drunkenness, and hilarity was the order of the night—The Capt's order to the contrary notwithstanding—other scenes occurring which however are not necessary to mention just here—Jo Pelham, M V Mann, and Spear H[olland] Junior guests at Mess No. 1—all slept pretty well—tho tolerable rough sleeping— but we expected hardship and heres for it with a full determination to see the Elephant and the Monkey.
25th. All hands up bright and early—all enquiring for the nearest water—Several of us dull and heavy all day—Took up the line of march—Capt H in charge of 1st Division—Lieut[.] S. the 2nd and Lieut H[olland, the writer] the 3rd. Today's travel was drowned in thoughts of home friends and those dear creatures we left behind us.
Doct. W. tried to have a chill but coul'dnt [sic] come it—travelled 22 miles to camp Tick (old Shepherd)—when scratching, eating, grumbling—was the order of the night a great disposition to rob one of the old man's bee gums was manifested but by some means or other it was not touched—J K H [the writer] could'nt [sic] sleep—cause quite evident. Reflecting on scenes and circumstances that occurred the day before and night previous coming from Ballards.
Long may my thoughts live when centered on the object of my Reflections on that night—in memoria eterna—J. B. P. tried and found guilty of disorderly conduct—Lieut H and orderly Standifer found guilty of the same offense—Very pleasant night—Company agreeable—Court of inquiry called—Lieut. S. in the chair—several cases of no particular interest—after a pleasant conversation sleep took possession of the camp and silence reigned supreme.
26th. Nothing occurred up to 12 oclock of interest—yes! Doct[.] W. had a chill sure enought—but got better and did'nt die—Mann accompanied us until dinner—to Waltons—passed by Maj[.] Haltom and the old Lady—God bless her Kind and generous old soul—gave us a gourd of sweet milk, one of butter do [ditto]—and one of molasses—Thence on by Cock's whiskey shop—took a drink and went on—some got drunk and some did'nt— intended to go to —— mill—but coul'dnt get our grinding done and started for Wynns—all mad and cursing—formed a line and being dark went it blind—sand Knee deep—reached Wynn's about 8 oclock—"Camp Spill" or Spill Camp—Bell was presented to the Court—accusation—A peculiar art he has of spilling gun's—Lieut H appointed by his Hon—as Solicitor in behalf of the company. Lieut S volunteered in behalf of the Defendant. Jury retired and brot in a verdict of guilty—he was given over to his conscience—The Gr. Jury then presented Jim Stephens for Stealing a hen off the roost—verdict guilty punishment—that the old hen should be given to the informant—and he deprived of eating any of her. Nothing further happened to mar the tranquility of the night—so we all went to bed and soon fell in old nappy's arms and at the sound of the trumpet up we got.
27th. Good coffee—molasses—biscuit and baugh naugh claughber—for breakfast—ate heartily and were off—
28th. Morning cloudy—fine day for going it—Dorman, Fields and Hill overtook the company—the Capt ordered Dorman and Fields to City of Austin with the muster Roll—they started in the morning—made a fair day's travel—.
29th. Sunday morning before starting we were greeted with a war Speech from Master Wynn—7 years of age—it was indeed a patriottic appeal—he beseeched us to go and fight like men—like Texians—for he expected every Texian to do his duty—go and battle for our country—for him and for his mother a hearty response (of 3 cheers) was huzard—no liquor in Camp took dinner 1 mile W. of Douglass—left the Road at Douglass—2 miles from Town to the left on account of corn—camp Lock—18 miles—the only thing amusing transpired was the very particular attention Lieut H [the writer] paid to Maj— he drank with the Maj. until he was as interesting as he thot the Maj's daughter was—wanted to accept an invitation to stay with him all night but the Capt wouldnt let me so I promised to return and give him a call.
29th. Thence into the Road thro the bushes and crossed the Angelina—J. K. H. [the writer] called on Mrs. Dust [Durst]—an old flame—but she want at home—Dr W. had another chill—J. B. P. got drunk and J[.] K[.] H[.] mad because the liquor was out—took dinner at Rev Burtons—at dinner the Canvass ham was furiously attacked and devoured 3 cheers to Madam Smith—cross the Naches—1 ½ miles to camp Ennis—travelled about 20 miles—rained all night—Killed first beef—Lieut H and Dr W. accepted an invitation to remain in doors—Lieut H wrote a long letter to his Daddy and Doctor Wall. J. K. H [.] a little sick—that terrible monster the tooth ache took possession of his jaws and oh! how it does trouble him—not in a very good humor no how—no liquor in camp and consequently every [thing] rolls on in an agreeable manner—
30th. the morning head of mess reported that No. 1 beef missing—quite hungry of course—arrived in 5 miles of Crockett and nooned and dined on nothing—J. B. P. in a terrible bad humor because Peter Kicked our gourd of molasses over and broke the gourd—overtook Gent Darnell enroute for the army —very cloudy—rained like the d——l until midnight—travelled about 26 miles to Crocket where the Capt and mess—(san Dr W and Lieut H) accepted comfortable Qrs in Dr Jarvis office—Citizens of Crocket kind and hospitable—Dr W and Lieut H being a little unwell having had a glimpse of a fair daughter of Eve 1 ½ miles W of Crocket—concluded that being a little sick and yr humble svt having the tooth ache we would stay all night—which we did and faird well—the young lady being pretty and intelligent and the cook a good one—we partly gave out the ide[a] of our war notions but she being a woman herself—we had to prove patriotic which we did—and left in her good opinion The Doct got better and so did I,—she is interesting and will do tho a little ancient—3 cheers was given to the citizens of Crocket for their hospitality and made on over to Hudnalds 12 miles from Town where we nooned—several behind drunk—Dr W. miss his chill the Capt H—and Lieut H—took dinner with Mrs H—a very good dinner and a very interesting little woman—had Blkbury pie for dinner—Jack and I got a fine gourd apiece—a compliment from Mr Hudnald—thence 12 miles—in the woods—sleeping camp—24 miles—nothing else occured of interest
31st. Started very early—[s]truck the perairie country—6 miles and crossed the Trinity at Robins ferry 9 oclock—being now in the old San Antonio Road—Thence 1 ½ W. of old Mitchells and nooned—a good many mad cause not enough to eat—one of company shot a hog—The Capt would not Praise or recognise the act therefore the guilty one got mad—
June 1st. This evening to Camp Lickskillet No 2—Dr W got drunk and JKH broke Finly [?] gourd and Jack says I [sic] he was drunk—Nations swaped off his pony—Saw the Prettiest Calf in Christendom—March 25 miles
2nd. took up the line of march very early—Hill elected comissary Elliott assistant—struck the Perairie country—lived two days and nights without bread—JKH and Dr[.] W—were ordered on the left hand road to Roans—where we promised to join some of our company who were on leave of absence—Thence on an old trace to Jones on a lake—30 miles—25 miles of the Brazos Saw Roasting ears—
on 3rd passed thro a Perairie [sic] country and came into old San Antonio Road 5 miles from the Brazos— where we joined the company and camped in Brazos bottom—Camp Navisot 2 miles of Washington
4th. All hands crossed the River by 10 oclock—Wm Birdsong left us for home—cause sick—Armstrong is in Washington too drunk—probably not see him any more—drunk, lost his horse and all his money—a good many got very interesting or spiritted
Thence in a few miles of Independence—Camp Leona—a sweet and pleasant little place—The loveliest scenery I ever saw—well may it be called after Leona for it is just like her—our camp is situated at the extreme edge of a beautiful and flowery perairie beneath the shade of a forest of Live oak—the finest—the purest water in the world—a Court of Inquiry was called Mr Knott was charged with divulging the secret of masonry—on the same day Fritz got drunk and broke the Dr W gun—while in Washington JKH called on Betty Johnson—now Mrs. Moor—took dinner with G W[.] Crawford his kind lady presented us with a dozen or two of superb biscuit—3 cheers to her ladyship—all hands got up well pleased save those who for the 1st time stood guard—many left the ground with regret—a pleasanter or more beautifull Camping ground is no where to be found—San[?] Camp Leona (thence thro the a [sic] Romantic country passed thro)—the above is miswritten it is all intended as description of Camp Leona—Independance early, a pretty little place —situated as it were in an extensive perarie in the midst of a cluster of live oaks—on thro a lovelier country if possible than has as yet been noticed—the country gets prettier—nooned in 5 miles of Foolers [Fowlers]—where Dr W left his gun The loveliness of the Prairie I am sorry to say were appreciated by but few—J. K. H. and J. B. P. were of course in ecstacies as the lanscapes and scenery reminded there were other things as lovely—this thought excited us so much that we swore in our vengeance to marry a wife when we got back—on the turn of which thot we wheeled and left the company—sent the flag on and returned one mile—where we are now ruminating on the sweet scenes of our youth—or other thing that pester young mens brains sometimes—we are in a lovely and extensive Perairie—under the shaddow of an unbraguous live oak—The fact is Jack is in love and he is reflecting upon the painfull seperation of him and his—and I oh! yes am in the same fix—for I sympathise with him very tenderly—mounted after a while and overtook the 2 miles at camp Norther—making 18 miles
5th. took up the line of march—thro, a pleasant and beautiful country—on thro the beautifull little village of Rutersville—where there is a fine college. Thence to camp Hellen—being in a romantic grove of oak—environed on all sides by a grand and magnificent perairie—and running directly by us was a beautiful stream of pure water—one mile of Lagrange John McRunnolds visited our camp to night and J K H accepted an invitation to go and carry all our dirty things and have them washed up which I did and feel like I would be none the worse of it myself— so I too underwent an ablution—J. K. H. joined the company in Lagrange early in the morning of 6th—
Lagrange the prettiest little place in Texas—situated on W bank of Rio Colorado at which place we met with many kind and clever folks—were treated like volunteers should be treated. The company crossed the River to Camp Colorado where [we spent] two days—The time was spent pleasantly to a degree—Lieut H— deserted camp and took up Qrs for the time being with his friends in Lagrange and was treated like a lord—spent the evening with Miss C—a Pleasant and beautifull young lady— had some fine music—and—spent the night with Jno McRin Dr Rogers office—after taking a horn—
The 7th being Sunday—all attended divin Servise of course and heard a good sermon—probably the last we will hear for some time—Lieut attended Miss C—home and got a good dinner for his gallantry—Spent the evening in town and the night at Col Mafield
8th. to day the Capt bot a waggon and team for use of Company and filled it full of good things—our Company was pronounced by every one—particularly the ladies—to be not only the best [in] order and in behavior but like wise the best looking that has passed that way—JBP—fell desperately in love with a pretty little blk eyed white gal—was with [her] all the time and I think promised to return—her name E. S. the time in camp was spent very pleasantly in swimming and bathing in the River—
9th. to day went 21 miles to Camp Oates—Guinn being very sick all day—overtook the company this —10th morning Thence on by J. K H place bot of Woody and crossed the La vacca and nooned—the Levacca a beautiful] little perairie stream the best country I have seen—off the road 7 miles to "Camp Nogan" (Greenwoods) 21 miles after supper several of us partook of a delectable egg nogn [sic] which caused us all to be unusually sentimental—on our return the Sentinel hailed us and we offered him a drink as a watch word and passed on—and to bed we went—
11th. thence 15 miles—and nooned at a little creek—where there is a grass meddow—10 miles this evening to Camp Wolf—had flour doing's and egg fixins for supper [and] breakfast—making 25 miles to day—
12th. 11 miles by some Dutch Settlement—thro an extensive Perairie and crossed the Gaudaloope River and nooned—this country is unexceptionable tho immediately on the East it is not good but the bottom is certainly very fine—Companies [of] Sabine, Rusk and Shelby just 18 miles ahead of us. Dorman and Field joined the Company—2 miles above is Mr Pridgion place—then on 5 miles to camp "Estompede"—16 miles to day—
13. across by a Dutch settlement—the Collette [Coleto] nooned on West bank of middle Colette—and 14 miles across W Colette to Camp Minaver Dr W killed a deer—Indian sign discovered
14th. Sunday—5 miles thro Goliad where J B. P and Lieut H— stoped had our horses fed—got a cup of good coffee—milk and sugar in it—Saw two most beautifull girls and oh! how interesting who would have expected to have seen such lovely creatures so far from home—they were well raised—well educated and fixed up "rite nice"—Miss Jane Kenny and Miss Mary Jane Foolkroad—veni—vidi—visi—oh! what eyes— we have promised to go that same road home—1 mile to and across the San Antonio River and saw the Ruins of Goliad—12 miles on—overtook and nooned—bad water—no news—Jack and I had to get dinner of course for we have it all to do—dont we Jack—yes! cooking and every thing else—it matters not—however—what cant be cured must be endured—confound this cooking any-K-how—why did'nt I bring Moris—we had a very pretty little speech from Maj. Dorman at the Ruins this morning—Remained at our noon Camp all night—Camp Mrs. Jordan—God bless her—
15th. this day about 15 miles to dinner—had nothing for dinner however—Jack and I, had it to get as a matter of course—else our mess would starve—Slaughter Killed two deer—gave us a fawn—Dr W shot at one but missed—the country from San Antonio is not fit for a hog to live in—nothing but a sandy desert—very much disappointed about the size of the perairie this side of the Wauloope River—there is more and better perairie on the other side of Colerado than on this side to this place and muskeet grass there is none comparatively speaking—no house from San Patricia to Goliad—none on the other side of Goliad for a long distance crossed several watering places—
16th. cam[p]ed in a big Perairie—nothing of interest occuring
17th. Thence on 20 miles to San Patricia—cross the Nuases River then 4 miles to Camp dead man—musketoes lower C G Davenport killed a deer—our horses look very badly—no corn—no house—no water or not much and that not fit to drink—passed thro. mammouth Perairie—lost sight of timber—save the muskete—which now begins to be pretty plentifull—Prickly and Knocaway beginning to make its appearance—
18th. commenced raining before day—all got wet—come up a bleak Norther—thro a lovely and picturesque land—covered with chapparal—rained nearly all day—18 miles and struck Corpus Christi Bay on the beach a lovelier sight my eyes never before saw—7 miles to Corpus Christi where we overtook the 3 companies ahead of us—come 25 miles—here we were joined by our Doctor John T. Wilson—were supplied with provisions by the Govt. Expt forage—&c—(Camp Corpus Christi) horses look extremely bad—many of our boys got drunk—Corpus Christi is rather a pretty place—immedia[te]ly on the bay—population at this time not more than two hundred—put my horse in Livery stable and had him taken good care of and J K H upon invitation went and staid at Col Kenny's where he faired elegantly—sick with the toothache—Genl Darnell in Town—also Judge Horton—the country about town is mostly of a chapperal—hog wailer perairie tho pretty country—Camp Corpus Christi—1 mile from town—
19th. left Corpus Christi the morning—went 13 miles on the wrong road—back to town—passed an old Mexicans water mellon—thence 7 miles to Camp Boggy—
20th. Rained nearly all day—Every thing wet—bad roads—horses look bad—no timber—pretty country—12 miles to "Camp Alarm"—a fire from one of the Sentinels about 2 hours created considerable excitement—To arms—to arms—the Capt cried—and we were all up and in a line quicker—the Sentinel reported that he saw several persons on horse back and fired at one—the whole company stood guard the balance of the night—all was calm and quiet it is true we were but illy prepared for an attack but yet every man seem[ed] to be ready to do his portion The opinion of the company generally is that it was merely a stealing party—every man I am happy to say was at his post—no blood shed however but a good deal of fun and laughing afterwards.
21st. saddled up and went 12 miles thro. a romantic perairie country—Knot horse gave out— J K H gave him Peter and 3 miles the old horse fell again and we left him—crossed a Saline about 1½ miles in breadth had a tough time of it too I tell you—about 20 got hold of the waggon and mules and pulled them all over—camped on the bank at Camp Saline—where we found an other horse for Knott—J K H—mounted Peter and rested his horse—10 miles nooned and it commenced to rain again and rained furiously—10 miles more thro a watery Perairie to Camp Musquitoe
21st. [sic] Dorman and Alston were sent on to overtake the foregoing company to get some ammunition—commenced to rain and rained like the d——l—last rations of meat out—nothing left—but about 3 pks of old beans and 2 bbls crakers and 100 miles to go—Starvation star[e]s us in the face—horses look very badly—nothing but grass and not much of that—Still Perairie—never saw so much rain in all my life—Knott broke his other horse down—just as every one expected—Backed Peter again—the foot or walking company increasing very fast—Cheney['s] mare gave out travelled—12 miles and stoped to dinner in a live oak grove and found another old horse—Cheney drew him of course—The orderly—commissary Higgins and Mark were ordered on to Pt Isabel for the purpose of getting provisions and meeting us—we will ere that time be nearly starved J K H horse back very sore—thence on thro. watery Perairie low country—10 miles to camp Sand Fort 22 miles today—several horses nearly broke down. Guard all fell asleep—all hands rested well—horses got away—but little grass—found all horses this 22nd morning—
picked up another horse for Cheney—passed an embankment of white sand an area of about 50 acres—it was indeed a curiosity—grand gloomy—and interesting—the sand was of the whitest purest character supposed by some to be produced by the receding of the flood or the effect of a whirlwind—others by a volcanic eruption—and some the work of ant or gofers—in all human probability it was a fort of antique structure—passed others thro the day of less interest—however—but—all conspire to puzzel the curious—rugged sandy country today—with here and there embankments similar to those above described—or not so romantic—10 miles and dined on nothing—waggon horses broke down—5 miles to an old chapal or Ranch—Nations quite sick—saw several parcel of mustangs—thence on thro the [most] picturesque country in the world—finest perairie and muskeet land yet noticed—on our arrival in the timber we were surprised yet pleased to find that we had overtaken the other three companies—our commissary and men were here having found wild beef plenty—they did not go on to Pt Isabel—very fine grass—wild cattle and mustangs in abundance—our company out of every thing to eat—no meat—little coffee yet—horses extremely low—faging very much—13 miles to Little Colorado—the other companies having recruited and rested started on surrounded by a pretty country—rained on us part of the day—camp Mustangs—
23rd. Left about 12 oclock—thro a fine rich Perairie—being out of every thing to eat—killed and eat plenty of ——beef such as it was not exactly of the right kind—but it was Hopsons choice—we ate heartily of it any how—thence on 12 miles across the Colorado—intended to go no farther but water being salt—had to go on—swam the River— got over about sundown—several quite sick—one or two horses giving out—several Graves on the bank—graves of Roberts and wife 2 ch and a svt who were murdered by the Mexicans—travelled 6 miles thro the worst road I recon any one ever saw—chopped it out dark—overtook the other companies and camp at Camp Confusion Rained of course nearly all night—it has rained nearly every day since we left Corpus Christi
24th. Capt commissary orderly started early to Pt Isabel—all hands were of[f] tolerable early about 14 miles to Town (the Pt)—travelled about 20 miles and found that we were in 6 miles of Matamoros and 20 miles from Pt Isabell—having taking the wrong Road—all nearly starved—in 2 miles of Grande Battle of Pallo Alto and three miles of the Battle of 9th—at Camp Starvation—, Rained all night—
25th. Miserable Road—passed by the battle ground of the 8th may—Saw Mexican boddies lying here and there the victims of our arms—J. K. H. stoped at Capt May's camp and breakfasted and oh! how good it was—yes victuals never ate better than it did at that time—8 miles to "Camp Rendevous"—waggon mule and horse left—Rained in torrents—the Capt met us with provisions and forage and we struck a camp—still Raining and Rained all night—took (J K H and Capt) took quarters at the Governors Markee and slept in water and mud—it rained hard and a heep of it—Clark was there—the whole Regiment got wet— and your humble svt. never was as sick in his life—never thot of dying before—scared to death
26th. day employed in sunning and drying clothes—little better—badly scared yet—Rained again at night—The roughfest times ever saw—I wish the Mexicans would behave themselves and let us alone—Recd our Commissary Tent—every body went to the Ft to day—and it still raining—The Roads almost impassable, nearly swimming—Jo Frost sick—didnt rain to night—
27th. no news troops still arming—
on 28th a celebration of the 4th July was agreed upon—a meeting was held and Dr Ashbel Smith appointed orator of the day and Memucan Hunt Reader—Nothing of interest occured up to 1st July—and that day was a memorable epoch in my existence—for it was wash day with me and I done it tolerable well too—in half-hour washed dried and put on a shirt—want I smart—this thing of washing is a dirty business anyhow—I am going to quit it—Nothing occured up [to] the 4th a plenitude of these full-grown musquitoes and I am sorry to say they are very prevalent—On this day—a Speech from Dr Smith—after the declaration of Independence was red in a lucid and intelligent manner by Genl H—was lissened to with the utmost attention—The man with the "white hat" didnt do much—after he had concluded Maj Scurry was loudly called for and a prettier little poettic speech I never listened to—after whom our Mr Dorman was called for and his effort was crowned with golden opinions—his speech was more applauded than either of the others—Previous to this Woods was elected our Col—Mirack Lieut Col, Bill Scurry Maj—Rains appointed Seargant and Kirkey assistant—Dr Wilson Qurmaster etc—we were on the 2nd inst mustered into service for six months from the time of our arrival here—
6th. all is dull and gloomy—becoming tired of a stationary life—want to be moving—if there is no fighting to be done— as there seems to be—we are all willing to go home—of course—many are sick—but as yet none serious—
7th. J K H went to Matamoros and found it quite a city—Population of the place about 600—½ the citizens having absconded—there has been as many as 18000 inhabitants. Remained until the evening of the ("8") sundown and in company with Col Kenney staid at Capt May's—draggoon camp—12 miles
9th. before day light started for volunteer camp 6 miles—found Jo Marks and Tom Elliott quite sick—heard of the sad intelligence of the Death of Jas Pope of our county—which occurred on 8th, intered this evening at 2 oclock—company all gone to the burying now—Recd orders to assemble at Head Qrs at 6 oclock P M. for Regimental Organization—the country about Matamoros and Pt Isabell being the valley of the Rio Grande is a rich and fertile Perairie country—no timber but muskeet and chapparal and Prickly Pear of which the country abounds the soil of a dark chocolate collor—covered with the most delightful muskeet grass—which is common in the western country—the Rio Grande is a River of [the] size of [the] Sabine but in appearance resembling Miss River—it is larger than any other River in State of Texas—cotton corn tobacco—mellons—vegetables of every kind—orange fig—and many other delicious fruit—grow here to perfection—also Pomegranate tomatto—wild onion cucumber etc—every body getting confounded tired—several sick— weather extremely hot—too hot for a lizzard to live and do well—musquitoes intolerable at night—and a man has to be very industrious during the day else the flies will blow him—never heard of such a thing before—but it is an actual fact—nothing occurred up to
12th. Tom Elliot quite sick—many others complaining—
13th. Tom Elliott died—was buried on the 14th with military honors—To day we drew our guns—Q A Finley and Geo Hazen sick—J K H went to Pt Isabel and returned a little unwell—badly scared—Nations of Marshall Guards died to day, Tom Wilson of same company very low—given out Brook Davis is quite sick and several others—some one from The liberty co—left this vain world of sin and misery—
on 15th Tom Wilson is not yet dead to day—I think we Recd our pack mules—
16th. moved to a new place—Marks Davenport and Hazen on sick list—Tom Wilson died to day I think—
17th. not being pleased with our new Camp—moved again and after we were comfortable fixed up—tents streached and all we acertained that we had encamped on a Salt lake—but other water being not a great way of[f] concluded to remain—Rained in the evening—the sick no better—Jim Dillard called to see us—will join our company—
18th. at night a heavy rain (the night of 17th I mean)—we all staid at home and it rained several times during the day—nothing of particular importance astir—many of the boys' have the Eastern fever—I think about Harrison some too—but as for going back—I dont intend until the ball stops rooling [sic]—
19th. Capt and Lieut H got sick this morning—Lieut H suffers death thro. fear—took a drink of burnt brandy and sugar, about 20 drops of laudanum and a burnt biscuit for breakfast and he feels decidedly improved—mended and got better up to
23rd. The Capt getting worse—Dr Wilson cuped and blistered him and he is tolerably bad off and badly scared—
24th. 2nd Regiment took up the line of march for Matamoros—put the Capt in waggon and went as far as Camp Draggoon—Regiment getting health—Finly got badly kicked and is now an Invalid for a month or more—Jno Bonet sick.
25th. Capt no worse—tho much fatigued—16 miles to camp and Ft Brown—on the E bank of Rio Grande—opposite to Matamoros—no grass—
26th. Hot as it generally gets to be—no news save that which is fabricated in camp—Bird H[olland, the captain] no better
27th. moved about 2 miles above on the River in the chapparal—plenty milk corn—health of the Regiment much improved
28th. several sick—Davenports—Marks and Bill—lost their horses—Govt derelict in furnishing forage—J B P called on a beautifull Senorita—
29th. Capt Holland moved over in to Matamoros in quarters with Brook Davis—Doct Woodgard accompa[ny]ing him—he is no better—it rained to day—mudy bad roads—
30th—R B Anderson taken sick—B B Lacy—Mad Standifer sick—on the (1st August just before day) Anderson died—the sick on the mend—a general attendance of the Regiment was had at his interment—he was neatly burried with the honors of war— his death was very much regretted—
2nd. Lieut H and J B P were invited to partake of a fine Roasted shoat at Mess N 2—it was indeed a treat—
3rd. no provision no forage—no nothing—the fact is the Texians are badly treated any-K-how—If we could have been Killed—we would have died long ago—but the Texian can stand a heep—
4th. Capt H—no better J. B. P. had his clothes stollen—nothing occured up to 8th Capt H still no better—on which day Stricklin died in 15 hours from an attack of collera morbus— Capt H—being in too bad health [to] prosecute the campaign Resigned and E. J. Thomson was unanimously elected Capt of Company F—Doct W—lst Lieut—W. Woodley 2nd Seargant—R C Carter 3rd Sgt—J W Denton 1st musician and Gaines 2nd Do—Capt H, Seargant, Jno Miller, M Standifer, Alex Field, O Nations R Ramsey, Jonas Miller, G W Dillard J. E. Anderson and Brooks Davis having Recd Discharges will leave for home first boat—Capt H much improved—1st Regiment starts this evening in direction of Victoria—
9th. 2nd Regiment left from Matamoros to Camargo—Several horses missing—Jno Benett—left behind drunk—it is thot he will be murdered—J B P and Jonas went back after the company Register—all hand[s] left Matamoros in a terrible hurry and bustle—no one half-fixed—after travelling about 20 miles marching and counter marching—first in the Right and then in the wrong road—we struck camp at Pt Scurry Brimbury lake—15 miles from Town—1st Battalion having taken the wrong road got lost—we having the train—in the evening 1st Bat came up—camped in Regimental order—saw thousands of mustangs the country beautiful—hot as it ever get[s] to be—
10th. at the tap of the drum—a Sentinel fired at a Mexican and shot him so badly that he will surely die—Tho Westmorland elected 4th Seargant in place of Jno Bennett—missing—18 miles in Regimental order—in a few miles a Report was sent back to the Col by the advance guard that Enemy was just ahead and we were ordered to load and be ready for the contest which was done—every thing calm and cool—J. K H was ordered to go ahead and stop the 1st Battalion until train caught up—which he done at the sacrafic of his fine bowie knife—travelled on expecting to have a fight in a few minutes and lo and behold it was discovered to be nothing but a large flock of mustangs at a distance—which was called Mustang Battle—thence on to camp chapparal—18 miles—near water—botest day I ever felt in my life—one cannot tell much about the country from Matamoros here for the Chapparal—it is so thick on either side of Road I cannot see ten steps—nor consequently cannot form any kind of an Idea of the country tho I am satisfied it is hard to be [sic]—water scarce passed several Ranches—some ugly woman—J K H commenced bu[y]ing his corn and charging the Go[v]t with it and will keep it up to Camargo—oh! how hot—
11th. started early—passed thro. a very pretty furtile wild country—part Perairie—part chapparal—passed an old Ranch—come to high muskeet timber—the appearance of soil—the best quality—some Blk some chocolate and some sandy—but take the vally of Rio Grand—it is the very best—I ever saw—it is undoubtably a productive country if they can have rain—I said it was the hotest day yesterday I ever saw—but to day I do say is without doubt the hotest day ever felt—the 2nd crop of corn is just planted and coming up—It is so hot that there is danger in exposing our muskets to the sun for fear [of] fireing them off—travelled about 20 miles by 2 o'clock—and oh! how hot and dusty—where we remained all night—the boys broke into another Ranch water mellon patch and destroyed about $20 worth at the expense of the Col who to compromise and keep us from being reported to Genl Taylor paid what was demanded—Camp Ranch—
12th. Took up the line of march and went about 10 miles and nooned—passed thro. a pretty perairie country—rich and fertile—warm day too. More pleasant than yesterday—a private drew his gun on Capt Goodlow he was arrested and handed over to the Guard—no particular news—about 43 miles to Camargo—it was so confounded [hot] yesterday that we had no need of fire just put the meat in a pan and expose it to the sun—and it will soon cook—it is amusing and strange to see meat frying in the Sun—march 9 miles and stoped for the night at Camp Good Lake—just after Camping a man from the San Augustine was accidentally shot and died instantly—
13th. Struck a high rolling rocky and picturesque country— interspersed with a varity of strange and wild shrubery and flowers and Prickly pair of many qualities—such as would set off and adorn the loveliest gardens—Chockolate land—dont know whether it is good or not—morning very pleasant—oh! it is a lovely country—tho. rugged scenery once in a while—yet commanding in appearance—9 mil[es] and encamped at Camp Finley—where he undertook to cook for the mess for $10 per month—Lieuts Woodgard and Holland to pay half and the bal—to be paid by the other's of the mess—he commenced his duties this (14th August) morning—
every thing in a bustle—marching very fast—Some beautiful landscapes—in fine spirits singing and laughing and joking the order of the day—I am the dirtiest man in the Regiment—a thousand dollars for a clean shirt of Matilda's washing when will I ever get another clean shirt—but every one else is dirty too—thank God—I am low spirited today and thoughtfull and yet—I cannot think of home or my folks there to save my life—it is strange—I cant keep my [mind] in that direction—but still I'm sad and gloomy—the country we are passing thro. is well calculated to excite gloomy and melancholy Reflections—this country is inferior in soil—tho in appearance more Romantic it is a hot white lime stone perairie wilderness a little sandy—2 or three lakes of water the only way the Mexicans have of [getting water]—one Running stream 1st I've seen in a long time—passed 2 Ranches—many rumors in camp—the most prevalent is that Canales is in the neighborhood with a boddy of men pillaging and stealing every thing—it is said that he left this River[?] this morning—it is thot by some that we will have an engagement with the enemy between here and Carmago—He had with him an American Prisoner with him, it may be Jno Bennett—25 miles from Comago—10 miles from Rio Grande—march about 18 miles and nooned—about the hotest day I ever did feel—good heavens how hot it is—in all my life I never was as hot—$500 for a good cool drink of water from the bottom of Ed Smiths well—the water that we have is not fit for a hog to wailer in—it is so hot every thing is hot—when I do get home I recon Ill be apt to stay there the ballance of my days—wont I Jack? C!—I feel like I have the best home in Christendom—one never knows what comforts are until he endures privation's and hardships and fatigues of this kind—I have been thinking of home to day and feel disposed to wish [myself] there enjoying the luxuries that are there offered in the way of fruits—mellons—camp meetings—clean clothes—good Razor—corn bread—and pretty women—[rather] than here knee deep in dust in the boiling sun—beef and crakers to eat and nasty water to drink—and no chance of bu[y]ing any think [sic]—neither for money nor thanks—whenever my thots do wander there and concentrate on one particular object not a thousand miles from Harrison Co—I am miserable—God save and bless the women until we all get back any K how—and when we do return there will [be] more on docket than physolosophy ever dreampt of—well Speaking of dreaming I drempt of my Sweet Heart and Daddy last night and what I drempt I cant call to mind—but it was something about war [?] and money [?] There are some pretty Senorita's here and it is a fact I am getting so I cannot speak the English language—quite a Mexican—indeed—travelled about 20 miles—and campt at Camp Rock hill—and great heavens how hot it is—Now I will tell you something that you will not believe but it is so—on our arrival there we bot a Shoat for dinner and after it was killed it lay in the Sun (2 oclock) until the water het and on taking the Pig up to put it in the water the hair sliped off perfectly smooth—now whether the sun did this or nature caused it I cannot tell—Waggon mules giving out—Several quite sick as to our dinner however we had shoat, kid and eggs had chicken and eggs for breakfast—dont we live well—remained here all night—Camp Knott—from the fact of his Shooting Guinn['s] horse by accident—Recd orders to be ready to march at 3 oclock to night—in order to make Comago before the heat of the day came on—one or two very sick—such marching and such weather is enough to kill the d—l—to day a little hotter than any yet—
15th. mercifull heavens how hot—got on the dirtiest shirt I ever saw Reached the San Juan after a forced and fatiguing march of 6½ days—18 miles and camp on the bank—a few miles from town to day we travelled a North course thro. a wild desert looking Perairie chapperal—Some Grand Spectacles—hot enough to cook an egg—visited Comargo in the evening—it has been a place of business—but now under marshall law—The Square is filled up with Genl T['s] tents—Every thing in a state of dilapidation—the town is situated on the San Juan 2 or 3 miles on the right bank of the Rio Grand—the San Juan in size and appearance resembles the Sabine—on account of the Texas Infantry being about to be disbanded and old Taylors bad treatment to us as well as them—a great many of our Regiment have manifested a desire to go hom[e] but the Col gave us a war talk and the furor has some what subsided tho there are still many going to return home—On the last day made up here which was to day by the by—a Gentleman died from the Rusk company—moved up the River about one mile and struck Camp for I dont know how long—Camp Impatience J K H and J B P—bathed themselves in the River and put on some clean linen—having doffed our dirty dud's and how good and pleasant I do feel—Madam Rumor has it that we take up the line of march to Monteray in 8 day's—God grant it—let us go on and put an end to this troublesome and fatiguing campaign—might as well be travelling as stationary—we would do better If we had something to do or thot we would have something to do—
16th August. The home fever getting tolerably high—many say they are going home under any circumstances—but I for one came to see The Elliphant—if he is to be seen I want sight—Spent the day in Camargo—oh! how hot—this heat is killing—it looks like death to undertake to go to Monteray this weather but if these blame Regulars can stand it so can I—our horses are not shod and they look extremely bad—
17th. too hot to be out—If any news astir—it is too hot to get in possession of it.
18th. Duncan flying artillery and first Brigade starts to Monteray to day—with a train of provisions—escorted by two of companies—Capt's Wheeler and Goodlow—for the purpose of establishing a military [depot] between here and Monteray—J K H was arroused about 12 oclock at night by Jno Baker who hearing that he had arrived came out to see him—
19th. J B P and J K H called on his august presence [General Taylor] this evening—found him a plain old farmer-looking man—no particular indications of smartness or intellect—
20th. a hot disagreeable day—tho last night was rather cool—3 days ago we Recd our Tents—Jno Bennett came up in the boat—and arrived safely in camp—Several are being discharged
21st. nothing of particular importance today
22nd. To day is a very pleasant [day]—the ballance [of] Genl T['s] troops from Matamoros—with the Flying artillery—Pay Master also arrived—so now we will all have something to go on—one Sutler has opened—Genl Henderson—Col Kenney Genl Lamar all arrived—Troops are crossing the River for the Monteray every day—we will leave to morrow week—Troops are arriving daily by water also quite a number reach[ed] (in sight) of our camp late this evening—Guinn and Jim Ramsey—quite sick—Two letters for John Minor—nights are getting little cool—
23rd. Infantry disbanded and paid off to day—most of them will go back—
24th. one of our companies gone to Reynoso—to get Pack mules—it is still hot disagreeable weather—tho the nights are getting cool enought for Mexican Blanket to feel comfortable—
25th. an escort of 18 men from the Western Regiment arrived this evening—report no discoveries—they have heard of no troops at Monteray—the Regiment now halt[ed] at 75 miles at this River—where they are awaiting further orders etc for us—their Regiment have enjoyed good health etc—
Up to 29th nothing happens worth record—Genl T it is said Recd instruction to remain in statu quo—for 20 day's—Rained on 29th Recd holsters to day—one man died in Capt Johnson['s] Co—Wheeler and Goodlow returned bring encouraging news—say a beautifull country and Saralvo a pretty place—fine water and grass—well pleased—will return in a day or so—Col W has had a Quarrel with old Taylor and has told of our grievances and our treatment—Wood is a great fellow—we all love him—J B P Recd a letter from Mrs Jordan on the 27th the day after Finly said he would cook no more—got drunk and then got sick—J B P and Dorman started to Mier on 28th—26th Doct W sold his horse—got $85—Jim Ramsey quite sick yet—Jim Dillard sick too—Hope also—been try[ing] to get our horses shod—but dont much believe we will succeed—J K H had a quarrel with the old Qr Master Genl—it is said that our Regiment will get our pay day after to morrow wish heaven grant it—for we do need it a little of the worse—out of what I drew I have left $8 no letters yet—
30th. Rained—
31st. J. B. P. returned from Mier—Were mustered for Pay—Pay rolls all wrong every thing in confusion—great rejoicing in camp late in the evening—Recd Letter from home—J K H one from Dev [the writer's brother]
1st September. Wheeler and Goodlows companies start this morning again to Seralvo as an escort for the train—Doct Lyons elected Capt company G to fill vacancy occasioned by the resignation of Capt Ferguson—the Doctor treated to 200 baskets of Claret and we all got drunk—all hands were mustered on to day for pay—muster or pay roll all wrong—the home fever is beginning to rage—the regiment stands a fair light to break up—it is settled that the Western regiment falls—old Taylor is sinking in population [popularity] the Vol are cursing him en mass—Genl Henderson too is falling in the estimation of his men—Part of the Miss Vol have arrived—K S H [Kemp S. Holland, uncle of the writer] still below—2nd [of September] included in the above—
3rd. our muster or pay roll was Recd the Capt, Lt W and myself drank some wine—I visitted the Miss Vol—K S H not yet arrived—had horses shod to day—
4th. J K H complaining of an enlargement of the leg—tolerable bad I thank you—Dr W and Co go this morning to Mier—To day is day long to be remembered by yr hbl svt—a day on which a Mexican monster made his appearance in my head it was a Spanish tirrantula alias a l—s, the biggest fatest—plumpest fellow you ever did see—it was of the Spanish origin but Spoke the Castilian dialect—
nothing up to 8th Sept of any importance—during the time Genl T['s] army are on the move to Monteray—(start not at the redness of this ink—Taint blood!) We have been expecting marching orders for some time—Genl started himself about the 4th or 5—Miss. Regiment arrived on the 4th I think—Recd a note from Maj K S H informing me that he had come etc I went down and met not only him but many old acquaintances—Recd a letter from Bud and Mary Amanda. Doct W and Co returned from Mier on the 6th the same day on which the Miss. Regt left—on to day the 8th Guinn, Cheney—Ramsey—Thomas of our company (also Bill) Mitchell's Spell—Maloney etc of Marshall Guards started to Town to leave for home—left on this (9th) morning—on the 8th Jim Dillard, Doct Glenn—left for San Antonio—together with 18 or 20 others—on the night of the 8th I being one mile below at Capt Wheelers camp an alarm was given that the Mexicans were firing upon Camargo and the Ala. Troops—also upon our Regt being above—an order was given immediately to saddle up and reconnoiter and report to Col Woods instanter— the Infantry were on the alert—we proceeded up to our Regt—where we found all hands fast in old Nappy's Arms after conferring and reporting to Col W—he advised us to go to camp and go to bed—and not let the Texians be humbuged—which I did and slept soundly til sun up—next morning every body was badly pleagued—It is evident that something is in the wind for the Mexicans are leaving Comargo very rapidly—we are all on the look out and rumor reached here to day that we would certainly have to fight at Monteray—it is said upon reliable authority that there are embodied at Monteray at this time about 12000 Troops and reinforcement daily and that they are well fortified and are ready to meet us—well this is the only encouragement we have Recd there is now some little hope of a fight and a fair chance for a Big one—would to God it may be so—it was what we came for—it is all we wish—and let it come for weal or woe—we [are] always ready—To morrow it is said we start sure enought—yet I do not see how we can—J K H Recd a letter from Ed. Smith and A. G. Tarney—on yesterday 10 am Boy's started down to Reynosa after some stolen horses—having caught one and whiped him severely—he confessed his knowledge [of] their whereabouts etc
12th Sept were awoke by the sound of the trumpet at 12 oclock precisely—to make ready to vamus to China en route for the great "City of the Mountains"—Ben Lacy, F Hill being sick were left at Comargo—Martin Lacy to take care of them—travelled up parrallel with the River San Juan thro. a pebbly rolling country—some Hills—tolerably hot in the bargain—camp at a Ranch some 6 or 7 miles where our Horses got fat on crab grass and yr humble Svt refreshed himself with a magnificent nap—in the evening went to another Ranche 8 miles—camp squash—making 15 miles to day—every one in good Spirits and no grumbling—camp on the bank of San Juan.
13th. this morning rather a late start—mule train delayed as Thence thro. a rought rugged mountainous country—passed several grande Ranches and arrived at Camp Chappiral sure enought in the night—no water for horses and but little for self, there being plenty—however—but we are afraid if we leave camp we never would find the way back and most of us had nothing to eat neither—every thing in confusion—and the consequence every one fell to sleep as quick as possible—rained in the night and being hurried so this morning (14th) did'nt have time to get breakfast so we all left as hungry as bears By the bye Col W Recd an express to be at China on to morrow night and we were therefore put upon a force march—
camped part of the night still on the River and breakfasted (14th) 4 miles to a Rich Mexican Ranch fine Brk'fast too that beef—kid—chickin Eggs etc)—thence on to Col Hay's Regt 1½ mile from China about 11 oclock—where we now are encamped on the bank of some River—took a rest[?] bathing this evening and I feel mighty good—
15th. this morning found Dr Woodgard [and] B. C. Jones quite sick and having to cross the River—he was left in charge of J B Pelham and Jo Marks—in the evening getting no better they were ordered back to Comargo—Col Hay's with about 100 men were ordered in advance as spies—Capt Wheeler was ordered also to accompany—but absolutely refused to go—
15th. after a very late start the Regt moved slowly on to—1st Regt in company—1½ mile and took China without the firing of a gun—3 miles to River when by swimming ferrying and cannoeing we got over by night and camp on the opposite side at Camp Free and Easy
16th. Travelled thro. a wild rocky and still mountainous country came in sight of the mountains about Monteray—the country pretty much the same as yesterday only more so—the change of scenery presented in advance tickles ones fancy and imagination very much—and after passing thro. a wild chapperal we climbed upon a mountain top of immense hight—I stoped and turned and gazed fondly back with thoughts sweet tho melancholly and me thot I saw in my imagination Elysian Fields (and all about there) and a Bird—something like the Bird of Paradise leaning upon her arm musing and me thot I saw interest and anxiety depicted upon her fair face for the 17th Rangers—for a moment I wished that I were by her side—but away farewell to such wild fantacies—"may she ever live blessed"—etc—and all the ballance of the day my thought kept playing on both sides of the U. S. line—about 3 oclock—I being officer of the Guard (was with the pack mules in the rear) reached our noon Encampment and after marching and countermarching—many times—struck camp being between the 1st and 2nd Regt—with the mules—turned in and got a most excellent dinner and eat it all up at the finest—biggest best Live Oak Spring I ever saw—oh! it was excellent beyond description—both Regt got mad and started on not giving the mules time to graz and rest—the Qr Master and myself concluded we would do as we pleased—and stayed until all things were ready—and then vom'used ahead—expected an attact from Canales—having heard that it was his intention to cut off our supplies—but he acted wisely—and did not do it—arrived at Camp just at dark—and just had time to eat a bite when we were ordered on a force march to over take Genl Taylor—having left the sick, pack mules and one company we rode until nearly day—I still acting as officer of the guard—travelled 15 or 20 miles—not overtaking him we all alighted and fell asleep in a hurry—without Guard, being surrounded by the enemy—or any thing to eat—perfectly indifferent—no questions asked horses fate a hard one—
17th. about day light we pushed along still on a force march and overhauled Genl. T. and the main army at Marina—where we halted and breakfasted Genl T. started about the time we arrived Marina is a beautifull town—some hansome buildings—population about the same as Matamoros citazens all vomused to Monteray—town deserted—few women left and they badly scared—housed up—prospect growing fine [for] fight—can see Monteray from Marina—Pack mules having arrived and rested—and we having refreshed ourselves and horses took up line of march for Monteray—36 miles—passed thro. the Valley of Monteray—the most magnificent country on Earth—the description is beyond my power—the mountain scenery too is something sublime and far superior to any thing on Earth—passed several very extensive and wealthy plantations, sugar principally—the crorn [sic] crop—being the 2nd this year—is in Roasting ears—and remarkably fine—arrived at Camp Taylor in the night—camped in confusion and disorder and went to bed as usual without food or forage—Slept soundly I can assure you for this [time] nature was nearly outdone—report say that the prospect is growing Big for some fun at Monteray every one seems to be in good cheer to the contrary notwithstanding
(I have lost one day) This morning being the 19th we arose and left still without food or forage—Texas went ahead today— now that danger is expected old Taylor has put us in front—Every man in glorious spirits—after running our horses nearly to death, many of them giving out, arrived in sight of the Mexican Batteries about 2 miles and halted when they played upon us with their Balls and many of their balls were directed very well—yet no one was hurt—Genl T. surveyed the situation of Town and retired to camp Walnut Spring—The most beautifull Encampment I ever did see—and that night Taylor formed his plan of attack—took several prisoners—learned that they were strongly fortified with about 15000 strong and that they intended to repell us or die—it was cheering to see how The Texians greeted the Mexican Balls—Every fire was met with a hearty response of 3 cheers and such waving of hats and huzzaing Genl T says he never heard—The Texians proved their spunk by the utter carelessness with which the[y] Recd the Enemy's shot—They whizzing by us in all directions—yet no one hurt. I want sceared a bit we awaited the arrival of the artillery—which came up in good time and at night was planted in a good position—the main Army came up—and for on[c]e we were all encamped together in 3 miles of Monteray—prospects most glorious and bright for a fight—
20th. To day being the sabbath, Genl T. did not chose to disturb their worship—all was qui[e]t to day yet a cannonading was kept up on those whose curiosity led them to take a peep at the Forts—at night Genl Worth was ordered to take his position above Town—at night he stole a march upon them and passed under their Batteries without harm—
21st. bright and early fire upon them to their great surpprise. The Texians were put to order the Monclova and Saltillo passes Worth during the day got possession of one fort on the same day—The Tenn—and Mi. Boy's distinguished themselves in charging upon and storming two of their main Bataries—one of the most vallent deeds—daring and noble charges ever know in the histories of Battles—with a severe loss however—12 horses of the Flying Artillery were killed
on 22nd Worth stormed several Fort[s] and took good many pieces of artillery—The Mis and Tenn Boy's having taken 4 pieces on day before—on this day our Company was ordered to guard Bragg's Batteries—and to keep off the Rancheros and Lancers and Worth by the best management in the world got in possession of the old Castle and commanding became the hero of Monteray—with but little loss—I saw it and it was the prettiest sight I ever saw—he repelled them and drove them into Town and then turned their own pieces upon them from the Castle and created havoc and confusion in their line—he got possession of several of their mills—
Texas on 23rd was ordered to dismount and into the City which was done in quick time under the heaviest firing of grape Cannister and Musketry—we faced it like men—went running in to Town to the astonishment of Genl Taylor—to the great confusion of Enemy—they did not understand such bold movement—when we got in possession of the houses—pick them from housetop to housetop and such fun you never did see—the greatest danger we encountered was in crossing the streets—the hotest place you ever saw—we had penetrated so far into the heart of the City that Genl T. on our progress—taking us to be Mexican retreating— fired upon us—and well nigh ruined us—but it was stoped in time—and on we rushed—bullets whizzing by us on all sides soon got used to it—and about the time we got into it old fashionedly—our own guns commenced fireing upon us—and it put a check upon our progress—in a short time Bragg's Flying Artillery came rolling in and called upon us to protect it—which was done in a very singular manner—the Enemy commenced to retreat—and we soon out striped the artillery and give it no show at all—ran nearly half-mile after them—such shooting and huzzaing and hallowing seemed by instinct to let the enemy know that Texas had come to Town—just at the time when we had the city almost completely under our command Genl T. not knowing how far we had penetrated—called us off—for the purpose of bombarding the Town —whereas if he had have let us alone we would soon have had it in such a condition that there would have been no need of it—after the 3rd order we retired—when they, supposing that we were on the retreat, commenced a heavy fireing upon us—at which time we had several killed and wounded—Bradford and Lamar were our heroes—Miss and Texas fought together and bravely too—C G Davenport from our company was wounded, several horses ditto—returned to camp—well pleased with what we had done—a heavy fireing was kept [up] all night— and this morning (24th) a Mexican officer came to Genl T. with a flag of Truce. Genl Ampudia had taken blue pills enought he desired to march out of the City with the honors of war—they will abandon the town provided they can take with them their arms—munitions of war and public property—Genl T. answered them by saying no—surrender as prisoners of war—they then asked for an armistice until 12 oclock which was granted—and council of war was held—the result of which was a cessation of hostilities for 8 weeks—he might march out of Town with small arms and 6 pieces of Artillery to keep the Commanches off—it is something astonishing that the victory was taken on the very day on which our time was out—4 mo to a day—
25th. we revelled in the halls— palaces and groceries of Monteray—the Mex evacuating the town fast they have 7 days to leave—I visited the City today and found it the best fortified city in the world except Quebec—the hand of ingenuity as well as nature has been most beautifully displayed—the Stars and Stripes float proudly over the top of the old Hornets next [nest]—it is a beautifull city—many fine Halls well furnished—gardens of unparallel grandeur and bea[u]ty—it is somthing solemn and imposing to see the Mexican[s] marching out—beating the retreat—
26th. Col. Woods brot in the news that we were no longer needed—that Genl T was well pleased—and that we might go home when we pleased, but if the war continued he wanted Texians. So now so soon as we get our little might [mite] we will be off—our departure seems to be very much regretted
27th. nothing stirring to day—every body gone to town—to buy Blankets—all went smoothly on to 30th—there is a 12 mo Ranging company being made up—Genl Lamar Capt—Dr Nach [Nash] 1st Lt—
31st. Dr. Woodgard—M. Lacy, Jimy Hill, arrived from Camargo—all hands are busy fixing to be off—J K H concluded to go by water (1st Oct) Sold his horse and Rigging for $145—
2nd. Mustered out of the Service of U. S. and going home in a hurry—
3rd. nothing going on to day (4 and 5) all is dull—nothing going on in camp rumor say's several Mexican killed—Texians done it of course—we are all extremely anxious to get off—but they wont pay off—Western Regt is being pd off and going home— commenced to pay us to day—two companies—(9 and 10) all is fixed and hasty preperations are being made to be off. I have concluded to return by water am making up a company to go to Camargo—as I't [sic] is looked upon as being very hazardous to undertake that trip in small corps—I regret extremely to leave my uncle but hoping he will return home to the happy embrace at his family ere long—I have concluded to go—the companies commenced leaving in disorder and confusion—some ready and gone—others not quite ready some drunk and frolicing—at 3 oclock precisely after having partaken of a frugal repast with Uncle K and Gent B and taken leave of my friends, I mounted my fine Pony and left Walnut Springs for home—my company consisted of about 20 men—but few weapons—some even were tolerable tight—merry—some of the "bo-hoy's" before and some still in Monteray and all going ahead promiscuously not thinking or earring much for danger—seemingly every man for himself—vomused in quick time—16 miles to "Camp Our Friow" [Agua Frio]—when all hands went to work and prepared as good a supper as I ever eat—at least I thot so—that night Woodgard had his horse stolen—but got two to boot—was aroused about 2½ oclock—some swore it was day and some it was not—however we all got up and prepared breakfast—not yet being day—we "saddled up" and were off to overtake ballance of Regt—
12th. 9 miles to "Marine" when we overhauled several companies—passed on after a fruitless attempt to get some muscal 12 miles to Rauche Ramose and nooned—had an ecellent dinner of good coffee—Roasting Ears—Eggs—and tortear's [tortillas] Thence 24 mile farther to "Ranch Karoceta" [Caracita]—where we encamped for the night with several other companies—horses badly jaded and oh! how the chickens did squall and the Pigs did squeel was a sin and the Boy's [and] gals did laught and dance—we Lionized extensively—we didnt do nothing else—
13th. started this morning about sun up—all in fine glee and spirits—and reached about 8 oclock—"Ceralvo"—our depot—so here we parted without our friends who are going by land—after collecting "our squad"—or the most of them—we went out 6 miles by 2 oclock—but struck camp for the night—so as to enable all to come up (Camp "Sacarta") that evening reinforcement joined us—26 more in company—purchased me a fine Mexican Blanket Bot of a "Bonito Senioreta" made with her own little hands—oh! she was lovely to look upon—her eyes were neither blue nor Blk—yet Beautifull they combined the expression of both—the cinctellation [sic] of them beamed with goodness and loveliness—would that she were of other blood—I lost here my "scopet"—laid down and picked up by some Mexican—I would not have taken $100 for it having taken it from the hands of [a] Mexican on the day of Battle—met here one Jno Baker alias Dr B— Ceralvo is a small village—much dilapidated—population some 1500 or 2000—low chapperal flat country around us—but interesting in many particulars some large cypress trees near here I am told—good water first rate—about an hour by sun it was determined that supper should be got after having gotten far from the road side—I was appointed "Chief Cook and bottle washer" so half doz went to work—and all done their duty to what was cooked—supper being over a very interesting te-te a tete was enjoy[ed]—talking over our hairbreadth escape and anticipating our welcome at home—without watch all dropt off to sleep—
14th. a while before day—we mounted and vomused with a vengance—10 miles to Big Ranch and Breakfasted—overtook two other men—10 miles to water and nooned. we were now entering a dangerous part of the Country but all went mereily and fearlessly along with but 4 or 5 guns in Company—we were determined if attacked to fight to the last—this country rather fine tho chapperal still—getting back to mudy water—Parish did not come up—rather uneasy about him—having just met several armed Mexicans—scenery more lively and interesting—our company is made up with confounded good fellows and brave ones and all lively and in good cheer—started about 2½ oclock thro a rought—tho picturesque country—14 miles to "Mier" where we arrived just at sun down and having some apprehensions—demanded and obtained the "Great Plaza" to stay in—the same Plaza from which the Mexicans resisted the Texians so stubbornly in 1842—I took supper with Don Domingo—an Itallian Mex wife—the very house in which the noble Texians fought so bravely from—the sign is still there planely to be seen—where they worked their way thro the walls and wended their way from house top to housetop—population of "Mier" now about 4000 tho once much greater—it is a Beautifull place—more prety women than I have seen else where—250 mile to Monclova and San Antonio—to San Phillippe 140 same to Corpus Christi—90 to Monteray— and 24 to Camargo long may I remember the names of Parblenita and Quarnita—they are dazzling beauties and farfamed—they are fair—but a tawny tinge or bronze is disernable
15th. Left Mier at 9 oclock—after attending funeral Ceremonies over a Seniora—arrived at Camargo precisely at 2 oclock found the old Bought and Ready—ready sure enought—obtained our passport—sold my pony lost $10 on him—was Envited by Capt Morgan Cook up to Tenn Regt and being prevailed upon by my accquaintance remained during the night—two Baskets of Champagne was ordered and every boddy got drunk—even the Brigadier Genl and Col Haskell[?]
16th. down to the boat before Breakfast—Lt Clough and Hinsy and Allen and others just arrived in time—Boat left about 8½ oclock—I am now aboard of as comfortable and happy as I can be—none but those who have undergone privations and hardships can properly appreciate the b[l]essing and comfort I now enjoy—imagine a fellow roughly clad seated in a neat clean birth—who feels like he never saw any thing of the kind before—and you can judge how yr humble svt feels—I feel that I done my duty to my country and now return perfectly satisfied—had "corn bread" for Breakfast—Heavens what a treat—I have not yet got used to the Knife and fork—nor my clean birth—tho every thing for to have pleasant trip—we are now passing thro the finest and richest country in the world—if owned by the right kind of people—well I have eaten a most magnificent and delicious dinner—in fact too much for I already begin to feel curious—at the head of the table which was spread with every luxury sat his Excellency the Gentlemanly old Capt—yr humble svt immediately on his left—he called for a Bot of wine and I having become somewhat ineciated [initiated] in to his good opinion he passed the Bot to me—recollect I had not seen a bot of good wine since here I had been—I filled a bumper and drank "His most Eccellent health" This was repeated until he and myself loudly . . [illegible] interesting—after dinner he ordered his Clk to give me a Bot. of his good old Rye which I accepted with the most gratefull and profound Respct—I need not say it was good—it was magnificent and now since dinner I have washed and put on what—a shirt—yes a clean white shirt—first I have had since left home—Bo't at Camargo—and you may be assured I feel like a Gentleman—to night I shall have my boots ellegantly Blked—and by tomorrow I expect I shall be too proud and exalted to speak to any body—the comfort and pleasure one feels in putting on a "clean white shirt" amply repaies for having worn a dirty one six months—after much delay at times during the day—we stoped for the night at a wood yard at a Ranch on the Texas side and kicked up "mucho fandango" had fine times—after which got up this morning—washed took a drink of the Good old Capt['s] Whiskey—felt much refresh tho didnt sleep soundly—was restless—eat a good Breakfast and smoked a Regulia—what comforts—I am now lolling in my birth—thinking of home sweet home—refreshed myself with 2 hours repose—got up and eat a good dinner—time rolled sluggishly on until night when the Fandango relieved us again—much bonito Seniorita was there and she flew in the mazy dance—I flattered myself I would have a happy sleep to night—but it was a stranger to [me]—at last I thot that not being in habit of sleeping on such comfortable bedding—it might be cause of my restlessness—so I took my Mexican [blanket] and went out on the guard—where I lay quietly all night
18th. Reached Matamoros and we all got sorter tight—staid 2 hours—got me a new hat and breeches—oh how good I slept that night awoke up in the morning at Brazos mouth
19th. Had to foot it to Brazos Santiago 9 miles so off we tottled over the sandiest road you ever saw—found the "McKim" a steam vessel there but will not be off under a day or two
20th. spent the day in painful and uneasy suspence—awaiting the departure of the Boat—met Capt Early and some of the Western Rgt there—I spent the night with Capt Early in the old shanty—called an eating house—with a motley and mongrel crew—not much better than an old stable—the bad boy's eating and sleeping just when they can—
21st. got up soon this morning saw the Capt of Boat and learned that the vessel would leave at 12 oclock Embarked aboard of her—about 4 oclock P. M. and owing to the entanglement of the anchors were detained until 1 oclock at night—about 300 passengers aboard—
22nd. Well I am nearly dead bursting with laughter at some of our boy's and others who have been unfortunate enough to get "Sea Sick" it is impossible for me to restrain myself—They heaving and sitting and cursing me, for laughting at them but I cant help it—such heaving and sitting and hooping and hollowing and groaning and growling you never did hear—one would think every moment would be their last and yet I cant help laughting at them—I am expecting every moment I shall be attacked Well birth[s] being somewhat scarce I was put into the Grocery with the Bar Keeper—what a lucky dog—and we did live a merry life of it too—A. G. when I think about being surrounded with all kinds of liquors oranges candies cake and every thing of that kind I can but think of you old fellow and by some kind of management I got in the Grocery Keepers favor—and made good use of it—he told me to make free of any thing there—frequently waited to take a horn with him etc—would not take pay All went smoothly on—only when one went to walk and then the old vessel kept such a rocking one would reel to and fro like a drunken man sure enough Thus far I can eat my rations—
the sea this morning (22) is still smooth and goes gently on—but few have an apetite to eat—the sickest set of fellows—I ever saw and yet I cant help—"laughing" as Dr Field would say—we are making but poor head way—the wind being up and somewhat against us
on 23rd we were making good head way about 45 miles as we supposed off Galveston and the engine got out of order—the sails were hoisted and here we are lying on our oars—the breeze beating us off and consequently not likely to reach Galveston soon—making little or no progress—the ballance of the day and all night yet nearing the city—
24th. the city in sight but we were standing stil—put out the signal of distress and a Pilot came aboard and by his aid landed at Galveston in the evening took lodgeing at the Tremont—took charge of Capt Early and Parish both sick—took them to my room—intending to stay with them until they recovered—met D D Calf—spent the day agreeably—saw some awful pretty women—fixed up myself—shaved shirted and boots Blk called up to see Mrs C—spent the evening pleasantly—on my leave she said she claimed my company to church that night being Sunday well I couldnt refuse—so after supper up I goes and the bal[ance] Ill tell verbally
Capt E getting worse—Parish better—set up all night calld in 2 Dr's—
25th. was with him all day—died 12 P. M. interred on 26th with masonic honors died and burried also at the same time and place—Wm S. Fisher—little sick myself—badly scared—called on the Dr took some medacin
27th. day passed gloomily away—tho met with old acquaintance, 2 young Ladies and had a fine time—
28th. quite sick this morning but went to see some young ladies and all passed away—unpropicious with wind against us and a storm impending and it raining—
29th. still blowing and raining—after which a calm and about 1 oclock the old vessel launched out and the wind being good the way we go—I again amused with those who were sick particularly Mrs [?] Allen who seemed to be awfully bad off—by night the laught I thot was turned on me—I too was ailing could eat no supper—felt mighty sick 'fraid for any one to see me—keep my room all next—
30th. but my birth mate the Grocery Keeper and being a friend of mine fixed up something and I took it—and got well—the wind was all night—cloudy all day—until about sun down—the sun shown out—the old Capt and I had some sharp words I stood upon my official dignity knowing I had friends there and talked to him just as I pleased—I got the best of it
31st. the weather still fine and under a brisk head way—I was treated that [sic] a Lord by the old Capt after that Passed into the Balish [Belize] about 3 or 4 oclock arrived in New Orleans at sun up on 1st Nov after a very pleasant voyage from Galveston—took up boarding at Mrs Taylors on Canal St.
Left on 4th Nov at night on board the Bulletin for Memphis where I arrived on "7" at night—staid there until 12th on which day I reached Holly Spring—where I have spent the pleasantest part of my life spent a fine week in Paris Tenn—thence thro H. S. [Holly Springs] where I remained until the 5th Feby, then to Memphis on the 6th at night left aboard the Memphis for home—
Mineral Land Policy Prior to 1848. Previous to the discovery of gold in California the United States government had experience with mining regulations of lands containing only the base metals. The early policy of the government was to reserve the mineral lands, subject to lease by miners. For a few years the miners paid the rent with some regularity, but after 1834 the expense of collecting the rent exceeded the amount collected. Hence in his message to Congress of December 2, 1845, President Polk recommended to abolish the leasing system, and to offer the mineral lands for sale. He pointed out that the leasing system had not only proved a burden upon the national treasury, but had led to a wasteful manner of working the mines, and had given rise to much "friction between the United States and individual citizens." 2 By the acts of Congress of July 11, 1846, March 1, 3, 1847, the mineral lands for lead, copper, and other base metals were put on the market for sale. 3
Attempts to Legislate for the California Mines. When gold was discovered in California 4 the government found itself at a Acknowledgment is due Professor Herbert E. Bolton for advice and suggestions. loss for knowledge as to how to act. The plans suggested by the government's agents in California differed greatly. Colonel Mason recommended either to grant licenses to work small tracts of land, of about one hundred yards square, at a rent ranging from one hundred to one thousand dollars per annum; or to sell the lands in tracts of twenty or forty acres, at public auction, to the highest bidder. 5 On the other hand, Thomas Butler King, in his report to the President, strongly opposed the policy of selling the mineral lands. He believed that capitalists, by means of paid secret prospectors, would find out the best lands, overbid the poor miners, and thus monopolize the best mineral lands. The inequality in the distribution of wealth would produce discontent among the poor miners, and it would be doubtful whether any law opposed to the interests of the great masses could be enforced. Even the employment of troops would be ineffectual, for the soldiers would desert, and anarchy would result. His plan was to regard the mineral lands as the common treasure of the American people, and any American citizen, by paying to the commissioner of mines an ounce of gold, or sixteen dollars, should be entitled to receive a license to dig anywhere in California for one year. The money collected from these gold mines was to be devoted to educational purposes and to the construction of roads and bridges in the mineral districts; and to the discharge of the indemnity to Mexico. 6
Shortly after Mason's report was received in Washington, President Polk recommended to Congress either to preserve the mineral lands of the Pacific coast for the use of the United States government; or to sell them in small quantities, at a fixed minimum price which should secure a large return of money to the national treasury, and at the same time "lead to the development of their wealth by individual proprietors and purchasers." 7 In accordance with these recommendations, the Senate Committee on Public Lands reported a bill to divide the mineral lands into lots of about two acres each, to be offered for sale at public auction, at a price not less than $1.25 an acre. Senator Benton was opposed to any plan which aimed to secure revenue from the mineral lands, especially from the placers, which contained only one crop of gold. His own bill provided for agents to grant permits for working the mines without any revenue purposes. His policy, he claimed, would preserve order among the miners; while the plan of the committee would place the miners in opposition to the law. 8 Neither plan was adopted.
Also President Taylor and his Secretary of the Interior, Ewing, took considerable interest in the mineral land question. Secretary Ewing recommended that the quartz mines, which required large capital for their successful working, should be sold; but the placer mines should be leased on favorable terms, so that many industrious citizens could work them and pay the rent out of the proceeds. He did not think that the government would experience difficulties in collecting the rent. In his annual message of December 4, 1849, President Taylor recommended that the gold fields be divided into small tracts "and be disposed of by sale or lease." 9
In the absence of any legislation the military officials in California, who had charge of all government property in the territory, adopted the laissez faire policy with regard to the gold fields. Colonel Mason believed that the miners ought to pay some rent to the government for the privilege of digging in government lands, but since he had no instructions to that effect, nor sufficient soldiers to enforce such rules in such an extensive territory, he decided not to interfere. General Smith at first intended to expel all the foreigners from the gold fields. He admitted that legally all gold diggers were trespassers, but since Congress always made distinctions in favor of early settlers by granting pre-emption, he felt justified in allowing American citizens to work in the mines. He wrote to the consul at Panama, asking him to inform the other consuls on the South American coast that the laws of the United States forbidding trespassing on the public lands would be enforced by him in California against all foreigners. 10 Under the color of this proclamation many American miners undertook to drive out the South American and Mexican miners. But General Riley declared that no persons, neither American citizens nor foreigners, had any right to dig gold in California on government land; but until Congress should legislate in this matter, he would not permit any class of miners to monopolize the gold fields. 11
Attitude of California to the Mineral Land Question. The question of the regulation of the gold fields attracted great interest in California. The discussion on the subject at the constitutional convention of 1849 indicates that the general sentiment of the delegates, particularly from the mining districts, was in favor either of free mining, or government regulations for the benefit of the state. One resolution requested Congress to allow the free use of the mineral lands to all American citizens. Another resolution recommended that Congress should by legislative enactment throw open the placer mines to all people, at the payment of five dollars a month for the permit to dig. The income from this source was to be turned over to the State of California. Some favored the entire relinquishment of the mines to the state. 12
The first legislature took considerable interest in the mining question. In the assembly two reports were submitted by a select committee, advocating that the privilege of working the mines should be restricted to American citizens, and foreigners who had legally declared their intention to become citizens. The argument was that California had been acquired at the expense of the American nation, hence the benefits from this acquisition should accrue to Americans only. It was also argued that most of the foreign miners were adventurers, peons of low character, who might jeopardize the morals of the young Americans, and in time of war a large foreign population in California would prove a positive danger to the safety of the state. On the question of the disposition of the mineral lands the committee could not agree. The majority was not opposed to leasing or even selling the mineral lands in small tracts. But the minority report opposed the policy of leasing as well as selling, believing that either system would result in the monopolization of all the best placers in the hands of the capitalists. The policy advocated in the minority report was to let the American citizens work the mines freely without a tax other than what might be necessary to secure them some protection. 13 The adoption of the minority report by the assembly indicates that the policy then advocated was commonly favored in California, especially among the mining communities.
Fremont's Bill. Shortly after the California delegation took their seats in Congress, Fremont introduced a bill in the Senate to make temporary provision for the working of the gold mines in California. Its leading principle, in the opinion of its author, was to reject all ideas of making the minerals in California a source of revenue for the Federal government; and to prevent any possibility of the lands being monopolized by the capitalists. The bill provided for a number of agents in the mining districts whose duties were to grant permits to American citizens, to visit the mines, and settle disputes. The quantity of land allowed to each miner was to be a thirty-foot square lot to be worked by manual labor on a placer, and two hundred and ten feet square the size of a lot to be worked by machinery in the rocks. The fee for the permits was to be one dollar a month for a placer, and twenty-five dollars a month for a mine. A certain per cent of the proceeds from the sale of the permits was to go for internal improvements in the State of California. No person could have two permits at the same time; but to encourage prospecting the first discoverer was to have double the quantity without paying any fee. The agents, together with a jury of six disinterested miners in the neighborhood, were to settle all disputes equitably.
The bill elicited considerable discussion in the Committee of the Whole. Seward moved to amend the bill, extending the privilege of mining gold to persons who should legally declare their intention of becoming citizens. Such a policy, he said, would induce immigration to California. The California Senators agreed to the amendment after it was modified to include only Europeans. The principal objection of Ewing was the absence of any provision in the bill insuring the national government a revenue from the mines, to cover the expenses of the acquisition of the territory. His amendment provided that the miner should deliver weekly the gold collected to the United States district agent and be paid in United States coin at the rate of sixteen dollars an ounce, which was the current rate in California. Any one refusing to comply with this law should forfeit the permit and location. Benton and the California Senators opposed the amendment, contending that the government's experience with the lead mines in Illinois and Missouri were conclusive against any idea of deriving a revenue from the California mineral lands. The amendment was rejected.
Filch, on the other hand, opposed Fremont's bill on the ground that it was a leasing system, which had been found to be impracticable to be carried out in a decentralized government like the United States; and in derogation to the rights of the states, for it withheld from state taxation great quantities of land. His substitute plan provided for the giving of the legislative sanction of the national government to a policy of the freedom of the mines unhindered by any agents and permits. This was the policy that was actually pursued, without legislative provision, up to 1866. It was, however, believed in the Senate that some machinery was needeed for the preservation of order in the mines. After being amended, Fremont's bill passed the Senate, but its friends did not succeed in getting it taken up in the House, where it was laid over to the next session. 14
In an "Address to the People of California," Fremont defended his plan, maintaining that, in view of the novelty and difficulty of the subject, his policy was the most practicable and the most liberal to the miners. 15 But the majority of the people of California were against government regulation of the mineral lands. The bill is odious and impracticable, said the Picayune. 16 The Courier was opposed to rents or fees, except on the quartz mines. 17 The Sacramento Transcript held that on account of distance Congress was not competent to legislate wisely for the gold mines. 18 There is but one method left for the disposal of the California mineral lands, said the Herald, and that is the cession of those lands to the State of California, for the state will know better than the Federal government how to administer the mines. 19
California's Opposition to Fillmore's Recommendation. In spite of the determined opposition of California to the policy of selling the gold fields, President Fillmore and his Secretary of the Interior, Stuart, recommended to Congress to divide these lands into small tracts to be sold "under such restrictions, as to quantity and time, as will insure the best price, and guard most effectually against combinations of capitalists to obtain monopolies." They admitted that the leasing system would be more profitable to the government, and would afford the best securities against monopolies, but such a system, they believed, would create feuds between the government and the lessees, making it difficult to collect the rents. 20
President Fillmore's recommendation was criticized in California as undemocratic and in the interest of the capitalists. The suggestion of President Fillmore, said the Pacific News, shows that the authorities in Washington do not understand the situation in California. The adoption of such a policy would inevitably result in monopoly, and in such a case the land would be either kept for speculation and not be mined; or the laboring people would be forced to pay a high price for it. The Herald pointed out that the miners had no desire to own the title in fee simple, for as soon as the "lead" gives out they move to another place. The mineral lands, said the Alta, are best as they are now, and they can never become a source of revenue for the government. 21 In the assembly a joint resolution was adopted declaring that the policy of selling the mineral lands would be in conflict with the true interests of the state and nation, for the richest mineral lands would fall into the hands of speculators, resulting in the stoppage of immigration and the retardation of the progress of California. It warned the government that the miners, grown up in a spirit of independence, had become accustomed to consider the mineral lands as a common heritage, and would not brook any interference. 22 The Whig state convention adopted a resolution favoring the retention of the mineral lands by the government, "for the benefit of the miners, to be worked by them, free from any tax or toll whatever." 23 In their messages to the legislature Governors McDougal and Bigler deprecated the policy of leasing or selling the mineral lands. 24
While the majority of the people of California opposed the leasing or selling the gold fields, there was, however, no unanimity of opinion on any other policy. A convention of miners and settlers was held in Sacramento, but the opinions voiced there were too dissimilar to lead to a well digested plan for the regulation of the mineral lands. Some held that the rules and regulations adopted by the miners were working satisfactorily; others, however, held that some definite legislation was needed to unify the mining regulations. But the question was who should legislate, Congress or the state legislature. It was contended that for the want of necessary experience Congress could not legislate properly for the mineral lands, hence it should relinquish them to the state. 25
The determined opposition of California to their former plan convinced President Fillmore and Secretary Stuart that the mineral land question "is a subject surrounded by great difficulties." They now recommended to Congress to leave the gold fields open to the industry of all American citizens "until further experience shall have developed the best policy to be ultimately adopted in regard to them." "It is safer to suffer the inconvenience that now exists, for a short period," said the President, "than by premature legislation to fasten on the country a system founded in error, which may place the whole subject beyond the future control of Congress." 26 The policy of laissez faire recommended by President Fillmore was favored in California, especially among the miners. 27
The policy of "non-interference" was practically followed until the passage of the acts of July, 1866, and July, 1870. During this period, however, the mineral land question continued to be a vital issue in state politics. In the first place, there was the feeling of uncertainty and fear that speculators might influence Congress to take up again the proposition to sell the mineral lands. Hence it was deemed necessary at the party convention, and in annual messages of the governors to reiterate that public opinion in California was opposed to leasing or selling the mineral lands. 28
Foreign Miners' Tax. Then there was the vexatious question of the foreign miners. The American miners who considered the gold fields as the heritage of the American people, looked with jealousy on the continual influx of Asiatics and Latin Americans into the mines. To check the influx of undesirable foreign miners, and to insure a large revenue to the state, the first legislature passed an act prohibiting non-American citizens from digging gold in California without a foreign miners' license. The license fee was twenty dollars a month. 29
The foreign miners protested and evaded the law. The American miners and their sympathizers criticized the evading foreign miners as ungrateful people, intruders upon American soil. But the merchants, whose interests suffered by the exodus of a large number of customers, denounced the act as impolitic, unjust, and illegal. The Picayune questioned the right of the state to legislate and control property belonging to the United States. It pointed out that the foreign miners' act was in violation of commercial treaties between the United States and Mexico, where it was provided that the citizens of both countries should not be subjected to any other charges, or contributions of taxes than such as are paid by the citizens of the states in which they reside. The act, therefore, violated Article 6 of the United States Consititution, which declares that the treaties made by the United States "shall be the Supreme Law of the Land." 30
In the case of the People v. Naglee, 31 the California Supreme Court upheld the constitutionality of the law. It held that the state had the power to require the payment by foreigners of a license fee for the privilege of mining within the state; and that the act was not repugnant to the Constitution of the United States, for the power of taxation is one of those powers retained by the state and it cannot be taken away from it by a treaty between the United States and a foreign government.
The opposition to the foreign miners' tax, and the difficulties encountered in collecting the license fee, led to the repeal of the act in 1851. 32 But the American miners held public meetings protesting against allowing Asiatics and Latin Americans to dig freely in the mines. They petitioned the legislature to enact a law prohibiting the importation of Asiatics, and to prevent those in California from entering the gold fields. The miners threatened to take the law into their own hands. 33
In 1852 the legislature passed a new foreign miners' bill. 34 Because the license fee was only three dollars a month, there was less opposition to the new act. Many protest meetings, however, were held denying the right of the state legislature to pass such laws. Where and when did the Federal government authorize California to legislate for the mines? asked the Alta. 35The French miners felt themselves slighted when they saw how exacting the collectors were with the Latin nations; while the English, Irish, and Germans were seldom required to pay the tax. They protested against the foreign miners' tax and appealed to the French government for protection. The San Francisco Echo du Pacifique asserted that the tax on French miners was illegal, because the state had no right to levy a tax on mineral lands which were government property; and also because the act violated a consular convention signed in 1853 by representatives of the American and French governments wherein it was provided that the French people in the United States should not be compelled to pay taxes, except those which were equally imposed on all citizens. The Echo advised the French miners to take the case to the Supreme Court of the United States. 36
Mines and State Taxes. There were also the questions of quartz mining, state taxes, and the settlement of the state. The southern agricultural counties complained that their ranches were taxed to their full market value; while the mining claims, yielding thousands of dollars to their owners, were not paying any taxes. They pointed out that the six southern counties, with a population of 6,367 souls, paid more taxes than the twelve mining counties with a population of 11,917 souls. Yet the mining counties had fortyfour representatives in the legislature, while the six southern counties had only twelve representatives. To escape the heavy taxation the southern counties advocated a revision of the constitution in matters of taxation, or the division of the state. 37 Others complained that the growing quartz mine industry, which required the investment of considerable amounts of capital, was being retarded for the want of titles in fee. 38
But the great stumbling block in the way of equalization of taxes and the investment of capital in quartz mining was the ownership of the mineral lands by the Federal government. Various plans were proposed. The committee on mines and mining interests in the assembly advocated to continue the policy of non-interference in the placer mines, until the time when capital would have to be applied. But it favored granting to the owners of quartz mines a title for a certain period during which time the grantee could "transfer or work her claim at pleasure." Meanwhile the state should be authorized to levy and collect taxes on the assessed value of the property of the quartz miners. It was also proposed to induce the Federal government to grant the mines to the state. 39
A committee composed of one member from each of the mining counties within the state was appointed in the assembly to report as to the expediency of calling a miners' state convention to consider a policy with reference to the mines. The majority report of the committee, presented March 19, 1853, was opposed to a miners' state convention, fearing that it might result in a recommendation to Congress "for the adoption of some system of which miners would be required to procure a fee simple title to their claims, that they may be subject to additional taxation." The miners contended that the mining occupation was full of hardships, and it would be difficult to assess mining claims fairly; that a fee simple title would not keep the miner a single day longer when he found it impracticable to work his claim. 40 The miner of California, said the Sacramento Union, should be as free as the air, and any project of legislating for the mineral lands by the state or Federal government would be impracticable and impossible to enforce the law. A fee simple title, said the State Journal, would produce confusion and hardship. The policy of the state and nation should be "hands off," said the Placerville Herald. 41 Thus an attempt of the agricultural and commercial interests to devise a policy for the taxation of the mines was frustrated by the miners.
State Ownership of the Minerals. There had always prevailed an opinion in California that by right the gold fields belonged to the state and not to the Federal government. This doctrine gained considerable popularity when the State Supreme Court held in the case of Hicks v. Bell that, "the mines of gold and silver on the public lands are as much the property of this State, by virtue of her sovereignty, as are similar mines in the hands of private citizens." This principle was reiterated two years later in the case of Stoakes v. Barrett. 42 The Placer Times and Transcript congratulated the people of California upon the "acquisition of so splendid a heritage." Why should we entrust these matters, it said, to those who are removed from us thousands of miles, and who do not possess the necessary knowledge nor sympathy to manage the mines efficiently. 43
In the Senate, Dosh introduced a bill which assumed for the state, by virtue of its sovereignty, the ownership of all the mines. In his minority report on the bill, Dosh contended that under the Spanish and Mexican law, the minerals in all lands, public and private, were reserved to the sovereignty. The right to the mines in these lands became vested in the "sovereignty which superseded that of Mexico," that is the State of California. This conclusion was based upon the following argument: For many years previous to the conquest by the United States, the department of California had a "regularly organized government"; this system of laws, with some modifications, continued in force until the time when the state government was put into full operation. "The first recognition of California by Congress was as an independent sovereignty," a state; and by reason of that independent sovereignty, the right of eminent domain "which had been transferred to the government of the United States by the treaty of Guadalupe Hidalgo, by the act admitting California into the Union, passed to the sovereignty of this state." 44
The majority of the committee reported adversely to the passage of the bill, maintaining that the mineral lands belonged to the Federal government. The placer miners feared that the doctrine of state ownership of the mines was fraught with great danger to the mining interest, "that it would not be a great while until those lands would be wrested from the miners and placed in the hands of monopolists." All they asked was "to be let alone." They claimed that the Federal government, who was the rightful owner of the mines, had "solemnly declared" that these lands should not be surveyed and sold, but should be open to the free use and enjoyment of all American citizens, under the mining laws adopted by the miners themselves. 44
Miners' Rules and Regulations. These miners' rules and regulations, 46 which seemed to suit the interest of the miners so well, were the outgrowth of necessity and experience, built upon the foundation of the European and Mexican mining laws, and adjusted to the needs of the new environment. By 1860 there grew up a miners' code based on equitable principles, democratic in character. The main object of these rules and regulations was to fix the size, manner of recording, working, and holding the claims. The size varied according to the richness of the placers, ranging from ten to one hundred and fifty feet square. In general a reasonable amount of work had to be done in order to establish and hold a claim to a placer mine. The purpose of limiting the size of the claims, and defining the condition of holding them, was to guard the mines from being monopolized. Here we notice the common aversion of the frontier democracy to monopoly. The promulgation of the rules and the settlement of disputes were also handled in a typical frontier democratic fashion. The rules were generally framed and amended at a public mass meeting, conducted in an informal manner. The disputes were settled by an arbitrary board of miners, selected by the disputants from the neighboring mining camps, or by a miners' jury previously appointed at a miners' meeting.
The state legislature, after some consideration, declared by statute that in "actions respecting 'Mining Claims' proof shall be admitted of the customs, usages, or regulations established and in force at the bar, or diggings, embracing such claim; and such customs, usages, or regulations, when not in conflict with the constitution and laws of this state, shall govern the decision of the action. 47 Thus the legislature declared the miners' law to be binding in matters relating to mining claims. The "let alone" policy of the Federal government was interpreted by the miners as a tacit approval by the Federal government of their mining code.
Awakening of the Mining Question in Washington. Ever since Fillmore's recommendation of 1851, the mining question slept in Congress. In his annual report of 1858 Secretary of the Interior Thompson revived it, pointing out the need of adopting some definite policy with regard to the mineral lands. 48 California immediately protested against "Congressional tinkering" with the mines. Congressman Scott asserted that the government had no right to dispose of the California gold fields, and that it could never enforce such a policy, for California would "resist to the last any such encroachment on the part of the Federal government."
The Alta and the Bulletin warned the government not to attempt to prescribe mining regulations, or expect to realize any revenue from the mines. "A revolution and nothing short of it," they threatened, "would in all probability be the result of any improper interference on the part of the general government, with the rights of that large and deserving class of our population." And if persisted in "would result in the loss of California to the Federal Union.'' 49
The California Senators now introduced a bill to legalize the existing state of affairs which the government had tacitly sanctioned, and thus remove the technical charge that the miners were trespassers on the public lands. The bill brought forth a long discussion. Senator Latham reminded the Senate that the California Supreme Court had decided that the right to the mines existed in the state. But the opposition contended that such a law would be equivalent to a virtual cession of the mineral lands to the State of California, or to private individuals, without any remuneration to the Federal government. The bill was rejected. 50
Effect of the Civil War on the Mining Question. At the outbreak of the Civil War the mining question was again revived. The costliness of the war and the depleted condition of the national treasury convinced the Federal authorities that it would be no more than just to make the valuable gold and silver mines contribute some revenue to the government. Secretary of the Interior, Caleb B. Smith, and Commissioner of the General Land Office, Edmunds, called the attention of Congress to the advisability of taxing the mines. "When multiplied demands upon the treasury weigh upon it with unprecedented pressure," argued Commissioner Edmunds, "it could not be deemed unreasonable, after the hundreds of millions of dollars allowed to be taken free of cost, if the government should hereafter subject the product of such mines to a moderate seigniorage." 51
California immediately protested against the taxing plan, maintaining that it would be a "tax on labor and enterprise"; a policy that would be inexpedient from an economic as well as from a political point of view, for it would discourage the production of the precious metals—the sinews of war. The legislature adopted a resolution opposing the passage of any law taxing the gold and silver mines. In his annual message of January, 1863, Governor Stanford criticized the plan to tax the mines. He believed that it would be better to dispose of the land in small tracts, thus enabling the state to tax the mines. 52
But Commissioner Edmunds and Secretary of the Interior Usher urged the abandonment of the policy of "non-interference." Commissioner Edmunds pointed out that the auriferous regions in British Columbia had been made by proper control and management a source of revenue to the British government; while the mines of the precious metals in the United States had been left open to the people of all nations, without the payment of any tax whatever. Thus during the sixteen years of free mining, $100,000,000 had been extracted from the mines, "without a dollar's revenue to the national exchequer." At a time when the "nation is weighed down with financial obligations," he argued, the mining industry should contribute its share to sustain the government. His plan was to require the placer miner to secure a license to his mine by the payment of a small sum. When found profitable, the claimant could continue to work it by the payment of a reasonable amount per foot, with a certain percentage upon the produce secured. 53
At the next year Secretary of the Interior Harland and Secretary of the Treasury McCulloch urged again the discontinuance of the policy of "non-interference." Secretary McCulloch denounced any system of leasing the mines as impracticable, un-American, and unconstitutional. His advice was to sell the mineral lands and "substitute an absolute title in fee for the indefinite possessory rights or claims now asserted by the miners." Such a system, he held, would give a character of permanency to the mining districts. 54 Commissioner Edmunds, however, maintained that it would be inexpedient to sell the mineral lands. He pointed out that without expensive investigation the government could not fix the minimum price which should bear an equitable ratio between the various locations. And if the explorations should be left to individuals, then the lucky miner who should discover a rich deposit would keep the fact secret until he became the possessor of it. In view of the many difficulties, and the system of mining rights which had grown up in the mining regions, Commissioner Edmunds believed that no wise policy could be devised until the whole question had been more carefully investigated by the government. 55
There was, however, a prevailing belief in Washington that the time had come to abandon the policy of non-interference. On July 9, 1865, Julian, Chairman of the House Committee on Public Lands, reported a bill providing for the sale of the gold and silver mines in small tracts, at the minimum price adjusted according to the size and value of the deposit. It limited the quantity which one individual could buy to forty acres, and it prohibited combinations among the different bidders. In an elaborate speech Julian denounced the non-interference policy as "financial profligacy," "legislative madness." "How long," he exclaimed, "will the people thus sport with their resources and bear with the public servants who are thus recreant to the public good?" Moreover, the sale of these lands, he argued, would benefit also the mining districts, for under the system of tenancy at will permanent settlements were impossible, and the population was nomadic, dispensing with home life and public life. "It is a conspiracy against the establishment and sacredness of the American home!" he exclaimed. The bill was recommitted. 56 To gain more information on the subject, several members of Congress visited the mineral regions of the Pacific coast.
Attitude of California. Public opinion in California was divided on the mineral land question. The quartz miners, the agricultural and commercial interests, generally favored a policy which should confer titles in fee to the miners. Such a policy, it was argued, would induce people to settle down and make improvements on their claims, and would result in the equalization of taxation. But the placer miners were opposed to any change, fearing that any system devised by Congress would be inimical to the interests of the miners. "The mining interest of the Pacific States and Territories is destined to receive too much affectionate attention at Washington this winter," said the Sacramento Union. The Union argued that the nomadic character of the mining population was due not to the want of titles in fee simple, but to the very nature of the miners' trade, and no government title could keep the miners after the deposit had become unprofitable. 58 In an elaborate memorial drawn up at the miners' state convention of January, 1866, and forwarded to Washington, it was pointed out how the policy of selling the mineral lands would revolutionize the whole system of mining under which the mines had been developed to the benefit of the state and the nation. But in view of the existing situation, argued the memorialists, the next wisest policy would be to extend the pre-emption system over the mineral lands; to donate to their possessors the claims which they held under the miners' regulations. 59
Passage of the Act of 1866. The settlement of the mineral land question came in the first session of the thirty-ninth Congress. On May 28, 1866, Conness of California, Chairman of the Senate Committee on Mines and Mining, reported a bill favorable to the mining interests of the Pacific coast. After a long discussion the bill passed the Senate. When it came to the House, Julian succeeded in having it referred to his Committee on Public Lands. This meant the defeat of the bill, for Julian insisted on the measure which he had introduced and reported. Finding their plan thwarted in the House, Senators Conness and Stewart called up a House bill entitled an "Act granting the Right of Way to Ditch and Canal Owners over the Public Lands, and for Other Purposes," and skillfully managed to carry a motion to strike out the whole of the House bill except the enacting clause and insert the mining bill which had been passed in the Senate. In spite of Julian's opposition, the friends of the measure managed to push it through the House, and it became a law. 60
This great act of July 26, 1866, legalized the miners' rules and regulations, which were not in conflict with the laws of the United States, and made it possible to acquire a title in fee simple to the precious-metal bearing lands. The first section reads:
The mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local customs or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States.
It also provided to allow miners who had or who would hereafter occupy and improve a mine, according to the local regulations, to receive a patent at the cost of five dollars per acre. As a preventive against monopolies it was provided that "no location hereafter made shall exceed two hundred feet in length along the vein for each locator, with an additional claim for discovery to the discoverer of the lode," and no person was to make more than one location on the same lode. The maximum for an association of persons was three thousand feet. 61
The new policy was generally well received in California.
The passage of the bill [said the San Francisco Bulletin] whatever defects it may develop when more critically developed and enforced, marks a change in the public land policy equal in importance to the adoption of the pre-emption and homestead system. . . . Eastern and European capital will flow to California and Nevada in large sums under the new system. . . . The new law will furthermore secure equality of taxation. . . . California may well rejoice at its passage. 62
The Placer Herald, a mining paper, hailed the new policy as the dawn of a new era for California. "It is the fairest and most practicable proposition that has yet been considered in Congress," said the Sacramento Union. "It is a great stride toward the final adjustment of a dangerous question, and a vast improvement upon the measures broached at Washington at various periods during the past three years." According to the Bulletin not a single newspaper was opposed to the act. 63 In his message of 1866 Governor Low said: "The apprehension of miners in regard to unwise and unfriendly legislation by Congress touching the mineral lands has been allayed by the passage of just and generous laws which guarantee the actual possession to those on whom the prosperity of the state so largely depends." 64
The Act of July 26, 1866, pertained only to vein mines. No provision was made to acquire title to placer mines. The committee in Congress believed that since the placers were becoming exhausted, there was no need to legislate for them. The Act of July 9, 1870, provided also for the placer mines, ordering the sale of these mines at $2.50 an acre. It limited the extent of one location by an individual or an association to one hundred and sixty acres. In other respects the placer locations were to conform to local rules and regulations. The Act of May 10, 1872, 65 "to promote the development of the mining resources of the United States," in general reaffirmed the policy outlined in the former two acts, especially with regard to exploration and purchase of the mineral lands.
Summary. The question of the control and disposition of the mineral lands was an agitating subject in the state, and to some extent in Washington, for about eighteen years. During this period the general government made several attempts to legislate for the mines, but it lacked the necessary information and courage to work out a definite policy. As a result the administration floundered from one plan to another: at one time it suggested the system of leasing; at another time, it suggested selling the lands in small parcels; and when California protested against either system, it recommended not to interfere at all with the mines. It was, of course, much easier to follow the policy of "masterly inactivity" than to brave the opposition of California. And thus in. spite of some protest against the failure of the government to assert its rights to the mines, the government treasury did not derive any revenue of the hundreds of millions of dollars worth of gold extracted during this period from the Pacific coast mines by people from all parts of the globe. 66 It was due to the exhaustion of the placer mines, and the heavy cost of the Civil War, that the government finally adopted a policy to derive some revenue from the mines.
The passage of the several mining acts marked the end of the policy of reserving the gold and silver mines to the government. Thus came to a close another chapter in the history of the relations of California with the national government. The controversy about the control and disposition of the gold and silver mines on the Pacific coast demonstrates the influence and effect of public opinion in a state or particular section of the country upon the policies of the Federal government.
Although the services rendered to revolutionary Texas by Jesus Cuellar were by no means inconsiderable, and are in part well known, his name appears but once in the archives of Texas, and not at all in any English account of the Texas Revolution. This was likely due to his own wishes, for there are indications that, with good reason, he preferred that the nature and extent of his services to Texas should not be known to the enemy. Aside from mention of him as an Alférez serving in the Mexican army in Tamaulipas in 1833, 67 the earliest reference to him that I have found is contained in a letter written by General Stephen F. Austin, then commanding the Texan Volunteers before Bexar, to the President of the General Consultation of Texas, under date of November 18, 1835, in which he says: 68
On the 14th I received information that Col. Ugartechea left Bexar the night before for Laredo, supposedly for the purpose of escorting the expected reinforcements. I immediately dispatched Col. Burleson with one hundred and thirty men in pursuit of him. I have since learned that Ugartechea had a man for a Pilot who has lived with the Comanches, and that he will make a great circuit by the hills on the head of the Medina. The prospect of Burleson's meeting him is therefore doubtful.
At a supremely opportune moment a few weeks later, this "Pilot who had lived with the Comanches," transferred his allegiance from Santa Anna to Texas. Some mention of this fact is found in all the Texan narratives of the Bexar Campaign, and among them the account of Col. Frank W. Johnson, who was then General Burleson's adjutant: 69
On the 4th, marching orders were issued and the Quarter Master was directed to have the trains loaded and ready to move with the Army on the 5th. About the middle of the afternoon, on the next day when most of the baggage wagons were loaded and everything in readiness for the march, a Lieutenant of the Mexican Army, a deserter, entered our camp and was taken to General Burleson's quarters. He reported the defences of the town weak, and that the place could be easily taken. After hearing his report, Col. Johnson suggested to Colonel Milam to call for volunteers.
This is corroborated by Captain W. G. Cooke, who commanded the first company of New Orleans Greys: 70
Immediate preparation for the retreat was commenced. The men commenced deserting in Squads of from ten to twenty. I saw that the citizens of the Country had despaired of success and given up the contest. There were three companies from the United States—First Company from New Orleans commanded by myself, consisting of 70 men; Second Company from New Orleans under Captain Breese, 50 men; and fifteen men under the command of Captain Peacock from Mississippi. About four o'clock I took up the line of march, and on arriving opposite the General's quarters was informed that a deserter—a Lieutenant—from the enemy—had come in and was then in conference with General Burleson and others. I saw it was a favorable opportunity to prevent the retreat, and called on my men to know if they would follow where I would lead. Their answer was a unanimous "Yes."
And is told in more picturesque detail by Herman Ehrenberg, a youthful German private in Breese's company: 71
Five horsemen came riding down the river on the side on which the camp was located. The leader, a little lean man, wore the uniform of a Mexican Lieutenant, which in reality he was. A white flag fluttered in his left hand. He asked hastily for the [headquarters of the] commander, where, after we had led him thither, he pledged himself to lead our troops unobserved near the center of the town. Yes, he even said that if part of the troops would follow him he would lead them under the window of General Cos. His offer, however, was not accepted, as we were afraid to trust him. Too many circumstances spoke against him. In the first place, he was a traitor. Secondly, he was a Mexican, and thirdly, some Comanche blood flowed in his veins. All of these made [Deaf] Smith's warning to be careful unnecessary, but his advice to attack the city as he suggested was accepted after some encouragement from Smith.
That the deserting Mexican Lieutenant did, in fact, guide the Texans into Bexar, notwithstanding the reasons enumerated so eloquently by Ehrenberg for not permitting him to do so, is sufficiently attested by Ehrenberg himself in his account of the march of Milam's columns to the assault: 72
The glances of our leader, the Mexican Lieutenant, hung constantly on the Alamo, which we could see to our left as a black colossus. Uneasily he peered through the darkness, as though he feared that our purpose had been betrayed. At last he broke his long silence, and said pointing toward the Alamo where several rockets were just rising: "The way is clear; we are safe. Yonder artistic, sparkling stars are calling part of the troops out of the town to help the Alamo. Now, briskly ahead that we may reach the town within ten minutes. Do you see yonder outposts at the fire? Let them run away unnoticed. Our shooting would kill a few, but would bring the whole garrison down on us. But after them quickly so that we will get to the [plaza] at the same time with them. The further ahead we get this morning the more stone buildings will fall into our hands." We were within twenty steps of the fire before the sentinels noticed us, and without uttering a sound, they fled, some even without their muskets.
On February 9, 1836, "The Advisory Committee to the Executive appointed by the General Council to act in that capacity in the absence of a quorum of said Council," suggested to "His Excellency, J. W. Robinson, acting Governor": 73
From information recently received that Juan N. Seguin, who was appointed Captain in the Cavalry corps has not accepted his appointment, the Advisory Committee would recommend to your excellency that ——, who so gallantly Piloted the brave army into Bexar the morning of the 5th, December last should be appointed to fill his place.
The "Acting Governor," as usual, followed the advice of the committee, and when, a month later, the remnant of the Council reported to the Convention at Washington its list of officers appointed to the regular army of Texas it named Jesus Cuellar, instead of Juan N. Seguin, who had been in the original list of appointments, as heading the roster of Captains of the Legion of Cavalry. 74 This is the only mention of the name of Jesus Cuellar in the archives of Texas, and the record of his subsequent unique service is preserved only in the account of Urrea's Campaign, taken by Filisola from the journal of Col. Francisco Garay, Urrea's second in command, who thus introduces him:
Among the guides who piloted General Urrea from Matamoros [to San Patricio] was Don Salvador Cuellar, whose brother, Don Jesus—better known by the name of "Comanche" from his having been a captive of that tribe, had, during the siege which General Don Martin Perfecto Cos sustained in Bexar, passed over to the enemy, and was now to be found with the forces of the so-called Colonel Fannin, at Bahia Del Espiritu Santo. For this reason the presence of the other in our ranks was at first viewed by the General with some distrust, but notwithstanding his brother's conduct, Don Salvador served throughout the campaign loyally and disinterestedly, and always accomplished honorably everything with which he was charged. 75
This brings us to the odd story of the battle that was not fought on Arroyo de las Ratas, where Fannin, had he taken advantage of the opportunity offered him, might have changed the whole course of Santa Anna's Texan campaign. General José Urrea, in his Diario Militar (entries for March 3-10, inclusive), presents a bald matter of fact account of this episode: 76
3d to 6th. In San Patricio, receiving intelligence from Goliad, and giving the troops daily instruction and drills.
7th. In San Patricio. The force which had remained at Matamoros joined me.
8th. I had notice that the enemy were in motion to attack me at San Patricio, and in the night I marched to encounter them with three hundred men and the four pounder which my division had. Ten leagues distant on the road to Goliad, I ambuscaded my force, awaiting the enemy.
9th. In the ambuscade along the Arroyo de las Ratas.
10th. I received intelligence that the enemy had changed his mind, and that he was preparing to march with four hundred men to the aid of those besieged in the fortress of the Alamo. I counter marched to San Patricio and ordered the Cavalry to make ready to reconnoiter ahead of our march.
But it is from Colonel Garay's journal that we learn what really happened: 77
On the night of March 7th the said Don Jesus, sent by Fannin to observe our force and position, presented himself to us at San Patricio, pretending that he had deserted the cause of the rebels and desired to be admitted to the clemency of the government, informing the General at the same time that the enemy were coming to attack him, and in order to do so had recalled the force which had occupied the Mission. He also offered to conduct us to a place where we could easily surprise, overwhelm and destroy them. For the other part he protested that he had deserted from the Plaza of Bexar with the sole object of serving his country in the camp of its enemies, which we could prove by taking advantage of the offer he made us, and since Don Salvador guaranteed the good conduct of his brother, General Urrea came to believe that he could put faith in his sincerity, and, consequently, ordered 200 infantry, with the cannon, and 150 cavalry, to march at daybreak next morning, March 8th, for a place on the road to the Mission of Refugio, eight leagues distant from San Patricio, called Arroyo de las Ratas. There the said Cuellar left us, and General Urrea gave orders to so dispose his small division as to accomplish the object of our march. It is with difficulty we could prove this, since in truth the position possessed many disadvantages. The wood in which we would have hidden was very small and open and was made up entirely of leafless trees, among which the enemy must necessarily have discovered us before he reached it. On our front, left and rear was a vast prairie, denuded of grass. The arroyo was entirely dry and its bed, in which our infantry was stationed, was insufficient to cover them. General Urrea no doubt recognized these disadvantages, since at midnight he ordered a retreat, at which we all rejoiced, for we were never easy in our minds about remaining at this place.
From the reminiscences of Andrew M. Boyle, a young artilleryman of Fannin's command, whose home was in San Patricio, and who was saved from the Goliad massacre through the intervention of Colonel Garay, we have a glimpse of this same episode from the viewpoint of Fannin's men. Boyle said: 78
Colonels Bowie and Crockett, then in command of the Alamo, sent a courier to Colonel Fannin, in the latter part of February, asking for reinforcements. A hundred men were at once detailed, and had crossed the San Antonio River on their way to the doomed garrison, when they were recalled on account of a report brought in by a scout named "Comanche" of the advance of the Mexican Army under General Urrea toward San Patricio. The main body of the enemy had marched directly from Laredo upon San Antonio. Our commander, by the advice of "Comanche," determined to march to San Patricio, Leaving one company in garrison at Goliad. The character of the scout was notoriously bad, and Colonel Fannin was informed of the fact, but gave no heed to the warning, although two of us volunteered to go to San Patricio and ascertain the truth of the report. Three day's rations were distributed and everything was in readiness to commence the march next morning, when an American named Ayers arrived from the old Mission . . . in the direction of San Patricio, and brought reliable news of the arrival of the Mexicans at that place.
From the journal of Lewis Ayers, preserved among the Lamar Papers, we learn that Ayers arrived at Goliad from Refugio about 8 p. in. on March 3, and was then informed that Fannin's first proposed expedition for the relief of Bexar had failed because: 79
All the force here insisted upon going with them, and none would consent to stay except the regulars, who wished to go but would obey orders under such circumstances. Col. Fannin called a council of officers, and it was concluded that as the enemy was in force at San Patricio and the army in such a peculiar state of mind, it was best to keep them together.
And with regard to the proposed attack on Urrea, Ayers, in his journal entry for March 12 adds: 80
A council of officers was held this morning in consequence of an express arriving from Gonzales with another call for assistance to be rendered to the brave defenders of the Alamo. I understand three hundred men will march there tomorrow.
I should have stated four days since that it was decided to march with three hundred men to San Patricio, which expedition failed for the same reason as the first for Bexar, all the volunteers insisted on going.
Cuellar's stratagem divided Urrea's army, and drew his advance division numerically weaker than Fannin's forces, to the Arroyo de las Ratas, twenty-five miles nearer to Goliad than was Urrea's base at San Patricio. Fannin then had about four hundred and fifty splendidly armed men, well disciplined and drilled for a Texan volunteer army, brave, spirited, and eager for action. They were wholly unsuited for garrison duty, and must be used aggressively if to be used at all with any hope of success. Fannin and Cuellar both knew that the Alamo would soon fall, and release a portion of Santa Anna's army at Bexar to act with Urrea against Fannin. It was imperative that Fannin should at once either retreat behind the Guadalupe, which he considered that his orders from the Provisional Government forbade his doing, or else beat Urrea before the latter could be reinforced by Santa Anna. Cuellar's Indian-like cleverness delivered Urrea into his hand, and offered him his opportunity to fight with every advantage of position, numbers, initiative, arms, morale and personnel. It is small wonder that when his irresolute commander failed to press home such an advantage the astute Cuellar quietly faded from the pages of Texan history.
The following letter, written by Daniel O'Connell, the Irish political agitator, to Joseph Sturge, the renowned Quaker philanthropist, and made public through the pages of The British Emancipator, 81 holds for the student of frontier history and the specialist in colonization a considerable significance; for it not only reflects some of the interest felt by the British people in the Texas of eighty-five years ago and the concern that the negro everywhere, free or unfree, was to British humanitarians, but it likewise indicates how, had things turned out just a little differently, there might have been more remarkable analogies than there actually are, historically, between the westward movement in United States history and modern British colonization in Australasia.
It was when the humanitarian movement, of national consciousness manifestations the most unique, was at its height in the United Kingdom and when philanthropic organizations with common membership and, not infrequently, interlocking directorates were multiplying at an almost furious rate, that Edward Gibbon Wakefield's great scheme of systematic colonization was projected. The scheme itself was hardly what one would call philanthropic, although it had suggestively philanthropic features; but philanthropists seized upon it, hoping to find in it a means to their own great end, the welfare of the feeble races of mankind. And it must have been in circumstances like these that Daniel O'Connell, who had identified himself with several of the humane organizations and, in particular, with the Aborigines Protection Society and the British and Foreign Anti-Slavery Society, resorted to the Wakefield plan and the Mexican opening as a way out of the difficulty, realized to be very serious, in disposing of free persons of color.
[O'Connell] to Joseph Sturge, Esq.
My respected friend,
—I know you too well to think it necessary to ask your permission to address you thus publicly on a subject of the deepest interest to the cause of humanity. To come to the matter at once, I here insert a notice of two motions which I intend to bring before the House of Commons at the earliest period of the ensuing session:—
"1. That it is the opinion of this House, that her Majesty's ministers ought not to advise her Majesty to recognize the independence, as a state, of the persons located on part of the territories of the republic of Mexico, with which republic we are in alliance, and who have called themselves the State of Texas, unless with the assent of the said republic of Mexico; and also, unless such alleged State of Texas shall make the abolition of negro slavery a fundamental law, and also consent that the slave-trade shall be deemed and treated as piracy.
"2. That an address be presented to her Majesty, humbly praying that she may be pleased to give directions to her ministers to endeavour to make such an arrangement with the Government of Mexico, as would place at their disposal such a portion of the unoccupied territory of that republic, on or near its northern boundary, as should be sufficient for the purpose of establishing an asylum or free state of persons of colour, her Majesty's subjects, who may be desirous to emigrate to and establish such free state."
In order to succeed, it will be necessary that I should obtain as much of the support of the opponents of negro slavery as possible. The public attention must be roused upon these subjects; for it is clear that we shall have thrown away, in pure waste, much labour, great exertions, and twenty millions of the public money, unless adequate measures are taken by this country to prevent the formation of new slave states, and at the same time, to prevent the incalculable quantity of human misery, and the terrific slaughter of human beings, which must ensue from our permitting any other slave state to raise its head from the earth. Look to Texas. The gang of land pirates who have settled themselves on the Mexican territory actually make negro slavery the basis of their association, and propose to take away from their intended legislature the power of abolishing domestic slavery. This is in itself sufficiently horrible; but it is infinitely more atrocious in its necessary consequences. For if we permit the Texians to succeed in their odious scheme, there is room for forming, and in the United States there is abundant disposition to form, three or four more slave states in the unoccupied lands between the peopled part of Mexico and the line of territory which the United States claim for themselves.
Reflect, my esteemed friend,—do reflect, in the presence of the God of humanity—upon the horrors, the crimes, the atrocities, which must be perpetrated by the creation of these new slaveholding states. Reflect on the quantity of sin and guilt of every kind that must be perpetrated, upon one hand by the slave-breeders of Virginia and the other slave-breeding states of the North American Union, and upon the other hand, only think of the indescribable scenes of cruelty that must be perpetrated in Africa, and in the carrying home of new slaves for the purposes of the Texians, and the other white monsters of those intended new states.
Of what avail is the generous and noble humanity of the British people? It is in vain, and worse than in vain, that so many years of toil, of literary exertion, of dauntless opposition to interested tyranny, and of persevering maintenance of the cause of humanity—it is, I say, in vain, and worse than in vain, that all these efforts have been made to rescue human nature from the blood-guiltiness of negro slavery. All these exertions, and our twenty millions, are thrown away to the idle winds! Fowell Buxton, the first and greatest of living opponents to slavery, has demonstrated that the slave trade has augmented enormously in amount, and still more frightfully in the cruelty and slaughter it produces; and that this augmentation has taken place in consequence of the emancipation of the slaves of the British colonies. This is the result of all pains and all our money! We gave twenty millions as the purchase money of humanity; and the result is— a greater accumulation of still more atrocious cruelty.
My esteemed friend, if we stop where we are, Great Britain will be the laughing-stock of the world. Twenty millions to purchase liberty and humanity is a cheap bargain; but, twenty millions of sterling money to purchase cruelty, barbarity, and human blood, is the worst speculation that ever was made since the sun first shone upon the earth!
Be up, then, and stirring. Call together the friends of humanity. Assemble the apostles of benevolence. Let the English people doom to impeachment any minister that shall dare to recognize Texas or any other slave-holding state.
Such a ministry would actually be participators in all the guilt of the perpetrators of the increased slave trade, both internal and foreign.
But let us not confine our efforts to mere threatenings, or to the expression of sentiments, however decided or animated. Let us counteract the machinations of the enemies of humanity.
My plan is this—to follow the example set by the Australian and New Zealand Societies; get together a number of the friends of humanity, who will come forward and subscribe a sufficient capital to form, upon the New Zealand plan, a society sufficiently extensive to constitute a new colony, or state, either subject directly to the British crown, or, at all events, under the protection of the British flag; so as to obtain a rallying point for all free persons of colour, who may choose to give their labour for such wages as may enable them to become purchasers of the soil.
For the present I need not enter into details; the plan of the South Australian and New Zealand Societies will enable you, and the other friends of humanity, to work out my system into practical effect. With this view, a communication should be had, as speedily as possible, with the Mexican Government. It is so entirely the interest of the Mexicans to form a colony of free persons of colour between them and the North Americans, that I should presume they will very readily enter into our plan. This colony should be, as much as possible, interposed between the Texians and the sea. It would be a place of refuge for the free men of colour of the United States, who are naturally enough disgusted with the paltry injustice of being called "free," while they are deprived of all the practical rights of freemen. In short, I think it will strike your mind, as it does mine, that thousands upon thousands of advantages would be derived from the existence of such a colony as I contemplate. But no time should be lost in laying the foundation of a society to form that colony. If requisite, an intelligent agent should be sent at once to Mexico. I have formed a very high opinion of Santa Anna, and I think he would at once see the great advantages to the Mexican republic of having an establishment of free men of colour intervening, as it were, between Mexico and the United States. At all events, even should Santa Anna not be in power, it is impossible that any government in Mexico should be blind to the multitudinous advantages which a wise colonization of free men of colour would necessarily confer upon the Mexican States.
Allow me, then, my excellent friend, to conjure you to reflect deeply upon the suggestions that I thus make. Should you see the subject in the same point of view that I do, I know you will at once begin to act. You have already been a benefactor to the human race; and if you succeed in preventing new slavery states— and, above all, if you succeed in establishing, in a genial climate, a colony or state where free men of colour will be on a perfect equality with the white people—you will have formed a basis on which can be constructed the entire emancipation, all over the world, of the hitherto neglected and oppressed black population.
I have the honour to be very faithfully, your sincere friend, DANIEL O'CONNELL. 16, Pall Mall, Aug. 26, 1839.
BRYAN TO HAYES
Velasco, Brazoria County, Texas, Dec. 16th, 1890 My dear Rud:
I have just received yours of the 15th inst. 82 I cannot tell you how glad I am to get it and to hear from you. How often have I wondered the cause of your long silence, which I intended to break on Christmas day by sending you a loving letter as my gift. "Old memories," yes, how they remind you and me of each other, and the loved ones of long ago,—so many who have passed away. Your wife whom I dearly loved, your mother, sister and uncle, and Mr. Platt. I am glad to know that you feel as you write about your dear wife; it is a comfort to have such memories. I can understand and appreciate them for I have the same for my peerless wife. I am spending the winter in Quintana with my son Willie's family, consisting of his wife and a bright three year old boy. Willie is in Atlanta, Geo.; has been there for two months for medical treatment; received a letter from him yesterday saying that he was doing splendidly and would return cured. My daughters Laura and Hally are with me; both bright, intelligent, cultivated women. Laura will be married in April to an intelligent worthy gentleman of Washington, D. C., who has a situation in the mining bureau. He is a Republican, the only objection to him. Guy is a clerk in a hardware store, one of the finest fellows of his age I know. He is 19 today, and has applied to the District Court for removal of his disabilities as a minor.
My brother Joel is 75. I came down with him from his old plantation (which you know so well) three days ago from spending his birthday with him. He is in splendid health, has five grown sons, all of whom have large families—girls and boys. Austin lives in Brenham. His wife has been dead nearly two years. He has two sons by his first marriage, and four by his last marriage; two of the latter are merchants and two lawyers—all promising useful men. Austin was 73 last Sept. He is well and carries his years with his white locks without wrinkles on his smooth face. My daughter Hally has just come in and says give my love to Mr. Hayes and tell him I wish he could be here on the 12th of January to take dinner with you on your 70th birthday. Your first birthday dinner given you by your children.
I gave my son Willie a humble home here to grow up with this place (Quintana). We have as much water on the bar now as at Galveston, with prospect of spring rise in river making it 18 or 20 ft. The jetties are 5000 ft. long and but for the money crises would have been completed. We think we will have one of the largest cities in the South at "the old Jack place" and the safest and best harbor on the Gulf coast. You know the lower Brazos and can understand what I say with deep water at the mouth.
My brothers and their children speak of and respect you—of course mine do.
Mrs. Ballinger has recovered her health; Miss Bettie is well and unmarried; and Lucy has one boy, a fine fellow. Tom is engaged in the practice of his profession making a good lawyer in the old firm his father founded.
My old and dear friend, my feelings like old wine grow stronger and better for you. Give my love to your daughter and sons, and write me about each one of yourselves.
Ever and ever your sincere friend, Guy M. Bryan.
BRYAN TO HAYES
Galveston, May 5th, 1891. My dear Rud:
I have your good letter and enclosures. I thank you for the letter introducing Laura to Mrs. Gray. I appreciate your remembrances of me by sending me your addresses. I read them with interest, and I am glad that you make them, for they interest you and are the means of doing good.
The young people (Mr. and Mrs. E. W. Parker) may not from previous engagements be able to take Fremont on their way, but they appreciate highly your kind invitation, and at a subsequent time may avail themselves of the pleasure of accepting it.
Laura told me that she wrote you before she left here thanking you. She and Mr. Parker left here on the same day of their marriage for Brunswick, Ga., where reside Mr. Parker's parents. I was not here when the President [Harrison] visited this place, [April. 18,] but nothing (I learn from every quarter) was wanting in consideration and manifestations toward him filling the highest office in our country. He had every reason to be pleased with his reception in Texas. If political managers would let the negro question alone in Congress, there would be an end of sectionalism, and it would be best for the welfare of both races and the country.
Mrs. Ballinger received your friendly message to her with pleasure, and she told me to say to you that if you would like to visit Texas that it would afford her and her daughter Betty great pleasure to entertain you and Fanny at their house. I could then hope to go with you to other parts of the State and you could see the great improvements made since you were here in '48 and '49. It would be pleasant to visit again in our old age those places we saw together in our young manhood. Would it not?
Sincere thanks for your gift of the engravings of your wife. I gave one to Laura, one to Miss Betty Ballinger, one to Hally and one I kept for myself.
My brothers remember you with affectionate interest and their and my children respect you. With affectionate regards to you and children,
As ever your friend, Guy M. Bryan.
BRYAN TO HAYES
Quintana, Brazoria Co., Texas, December 31st, 1891. Dear Rud:
I write the last of the year, as ever your friend. I thought you would break your long silence by your usual Christmas letter, but it did not come. My last letters to you have not been answered; in one of them I sent you a message from Mrs. Ballinger expecting a response whether or not it would be agreeable to you to make a visit to Texas and be entertained by her. If your response had been favorable, I then intended to see that you had a written invitation from her. But you never noticed my letter. Why is this? If in any way I have given you offense it has been unwittingly done. I only write you now, because of our lifelong friendship and my unwillingness to let our correspondence die. I have been suffering for the last month with grippe, but I am nearly well.
Last summer when my son Guy went North I made the request of him to call and see my old friend; he did so but his visit did not break your silence.
In a few days, 12th of next month, I will be 71 years of age. I am older than you. May you live long and enjoy life, is the earnest prayer of your old classmate and lifelong friend.
As ever, Guy M. Bryan.
HAYES TO BRYAN
Spiegel Grove 4 Jany 1892 My dear Guy—
My readiness to say yes to importunate demands on my time has brot its due penalty. The burden of duties on me the last year has been too great. Relatives and friends have been neglected. Worn to dullness with labor for other men's causes, I have postponed to a lighter mood my letters to friends and loved ones. You ought not so easily to have assumed that I was offended. There can be no offense between us. But I have been wrong. The urgent multitude had no right to take my time away from old friends. I will cut off these outside people more resolutely.
As to coming to Texas: I can see no immediate prospect of finding time for a vacation. I have had none for more than five years. My hope has been to connect it with some educational duty arising out of the Peabody & John F. Slater Education Fund. My recent trip in that interest in seven of the Cotton States, while most laborious, was full of gratification and interest. Indeed my semi public work since leaving Washington has been of great value to me, even if of small public account. Especially since my precious wife left me I have found in occupation my best refuge.
Of course, if I could visit Texas, you and yours, and your friends would be the persons I would wish to be with. I recall always the dear home on the Brazos with warmest feelings, and Hallie Jack is the bright particular star in that sky.
On Christmas day I was travelling from the home of my mother's people in Vermont (New Fane) to the home of my father in Brattleboro, and spent a little time in each place. You are not alone among my friends who were not remembered. Laura Pratt Mitchell, Gen Force and Mrs Harron all reproach me. And I must change. I have been putting the question to myself in this way: "Friends know how it is and will excuse me—but with others promptness and punctuality are duties."
Yes, we are old fellows now. I was born Oct. 4, 1822—here is 1892—in my 70th year! My health is good. My family are all well. My two grand sons are a perpetual joy to me.
The stream of abuse that flowed around me some years ago has run its course. Now the pendulum swings to the other extreme. The cutting from N. Y. Times of 23rd last month shows what I am doing.
Now Guy be patient with me. I confess my error. I am driven by duties, (so called), and in my (alone,) condition it is best for me to be in this bondage.
As ever Rutherford B. Hayes
HAYES TO BRIAN
Spiegel Grove Fremont, O. 10 Apr 1892 My dear Guy—
Your letter came last evening. It is very welcome. Its tone and spirit are in exact harmony with my own temper and feelings. The golden days are the days that are gone. It is a happiness to dwell upon them and to live them over again.
Two or three weeks ago on an invitation from a. student lecture committee I went to Kenyon and made them a talk. Connected as Trustee with three or four other Colleges—one of which, (The Ohio State University), I am a founder—perhaps the founder, I am so engaged at the Commencement season that I can not go to Old Kenyon. Eight years away, it was like going home again after a protracted absence. My theme for an offhand talk was "Some of the boys and men at Kenyon more than fifty years ago." Old Bosse Chapel was crowded. I never spoke to a more responsive and enthusiastic audience. Students, officers, and the lawyers in Mt. Vernon, Hurd, Delano, and Curtis old graduates or students before our time Judge Davis, Chase C. J., Stanton, Henry Andrews, & Matthews. You see!
The only drawback is the College—the old building is neglected and in some degree down. It is thought to be however looking up. But the Boy School with new building, with three Winter Davis & & Mcllvain & Sparrow—Bryan, Trowbridge, uniformed & well drilled companies, is very fine & promising. The girl school is fully up to the mark also. The Theological Seminary stands well. A gem of a chapel—a noble Library & Building for it—and excellent gymnasium—Society Hall &c &c. Taken together an unusually well equipped institution in Buildings. How we would have enjoyed together the visit. But, alas, not one of our cronies, classmates, or contemporaries was there. Think of it—the nearest to our day—was a fine looking boy in the Mil. school, a grand son of Joash Rice Taylor, our class mate— now in Michigan.
You don't know how nearly I came to visit Texas about these days with Dr Curry of the Slater & Peabody Fund. It is a cherished dream which may yet be a reality.
Scott, the youngest, now 21, has a place in an electric concern— "Thompson-Houston"—at Cincinnati. Birch in Toledo still— Webb in Cleveland—Fanny & Rutherford here.
Yes, yes, I recall the feasts—the studies—the good times together! We shall cherish these friendly recollections till our latest breath. Good Bye—God Bless you— Written with my eyes and face bunged up badly with poison ivy—but these thoughts are for the time a cure all —
As ever Rutherford B. Hayes Here the correspondence ends. President Hayes died at Spiegel Grove, January 17, 1893. Colonel Bryan died at Austin, June 3, 1901.
BOOK REVIEWS AND NOTICES
The United States and Mexico. By J. Fred Rippy , Associate Professor of History, University of Chicago. (New York; Alfred A. Knopf, 1926. Pp. xi, 401.)"The volume here presented," says Dr. Rippy, "is the first general survey of the diplomatic relations of the United States and Mexico that has appeared in any language" (p. vii). The publisher's advance announcement, and the author's assertion, to the contrary notwithstanding, this is not a general account of United States-Mexican relations. Historical scholars, however, need not be disappointed, but rather there is ample cause for rejoicing, for Dr. Rippy has given us, not the customary digest, designed for text-book purposes, of the monographic materials on our relations with Mexico since independence, but he presents an original, scholarly contribution to the histories of Hispanic America and the foreign relations of the United States.
Ostensibly the book covers the period 1821 to 1924, but in reality it is a detailed study of the years 1848 to 1910. The early relations, Texas, and the Mexican War are disposed of in a few words; the justifiable assumption being that Manning, Smith, and Rives have handled this period adequately. The years since the overthrow of the Díaz government are accorded an interpretative treatment in thirty pages; the author's explanation for his avoidance of the details of recent Mexican relations being that the most important sources are not yet available. But so acceptable is his summary of these remaining years, and so suggestive is his interpretation of events, that we wish he possessed the temerity of that numerous brotherhood of good standing in historical circles, which is engaged annually in the task of "bringing their books down to date."
There is a central theme, a single thread, which runs from beginning to end of this book: it is manifest destiny and expansion (territorial and economic). From 1836 to 1861 manifest destiny was most potent in shaping foreign policy and in giving unbridled license to the passion for territorial expansion. "Subsequent to 1865 they [expansionists] have been eager for commerce, investment opportunities, subsoil resources, and, occasionally, for a port of entry on the Gulf of Lower California, or an area of great strategic importance retained by Mexico with too fragile a grip, as the peninsula of Lower California" (p. 361). Factors promoting aggressive action of the United States upon Mexico were: (1) geographical proximity; (2) Mexico's fabulous natural resources; (3) the disorderly and bankrupt state of Mexico; (4) the active, enterprising, and aggressive people of the United States, who, "in moments of ecstacy . . . have exaggerated their ambitions, and overstated their sense of destiny, and this much to the perturbation of Mexico" (p. 361); and (5) the European factor which frequently served as a goad to drastic action, but more often was exaggerated by expansionist leaders to cloak their aggressive plans. Why, then, since the spirits of manifest destiny and expansion have been such powerful forces in the United States, has not Mexico succumbed to them? It was because "conflicting interests of sections and groups have often held the government in check." For example, "the slavery issue retarded rather than promoted expansion. Indeed, it perhaps saved Mexico from obliteration as a nation prior to 1860" (p. 363). The subjection of Mexico to the alternating influence of these sectional and class conflicts constitutes the subject matter of the book.
The earliest and most telling blows ever delivered upon the body of Mexico, the secession of Texas, and the Mexican War, are not recounted in this history. The events of 1821 to 1848 are summarized in a short introductory chapter, the author's purpose being to present a background for his second chapter, "The Unfinished Mission." Conflicting factions in the United States, the slavery question being the principal issue, saved Mexico from annihilation by a very narrow margin. The expansionists retired in 1848, temporarily confounded but fully determined, to complete the "mission" of the United States at the earliest opportunity. To demonstrate that the ardor for territory did not abate after 1848, Dr. Rippy quotes numerous expressions of destiny from contemporary periodicals and from Congressional debates. "These illustrations . . . indicate the prevalence of the spirit of expansion during the decade preceding the Civil War" (p. 28).
In such an atmosphere the diplomatic difficulties of the two countries were discussed. Little wonder that serious crises arose. The principal subjects of controversy were: (1) United States claims against Mexico; (2) depredations of American Indians upon Mexican lives and property; (3) raids of filibusters from the United States into Mexico; and (4) the boundary dispute. Each of these subjects is discussed in a separate chapter; the treatment is painstaking, detailed, and heavily documented. It has not been generally known how critical was the situaiton when James Gadsden was sent to Mexico in July, 1853. The principles at issue, the negotiation of the Gadsden Treaty, and the struggle for ratification of the treaty, constitute Dr. Rippy's greatest contribution to the study of our relations with Mexico. The reader is given a feeling of finality, something he does not feel after reading the chapters on Porfirio Díaz.
"The Gadsden Treaty, though one of the most important landmarks in the relations of the United States and Mexico, left unsettled several questions which were destined to furnish ample trouble" (p. 168). The question of claims and frontier disorders afforded no opportunity for an abatement in ill feeling between Anglo-Americans and Mexicans. In the face of a vigorous demand for intervention, and the seizure of Mexican territory as compensation for claims, President Pierce adhered to a policy of moderation. But not so Buchanan. Conditions called for a vigorous policy, and this he adopted. His administration was particularly featured by the iniquitous McLane-Ocampo Treaty, which, fortunately for Mexico, was killed by a conflict of interests in the United States Senate.
Since the most rabid expansionists had hailed from the South, we need not be surprised to read, "That these leaders [Confederate] contemplated the ultimate absorption of a part or the whole of Mexico hardly admits of doubt" (p. 230). In "The Mexican Projects of the Confederates" we have a most interesting and illuminating chapter on a hitherto little noticed subject; it presents a side of the struggle of the Confederacy which has been all but neglected in the past.
The next chapter, "Seward and French Intervention," affords equally fascinating reading, although here is a subject upon which countless volumes have been written. Dr. Rippy is most enthusiastic in his admiration of Seward's diplomatic astuteness. From his claim that Seward's Mexican policy "was founded upon expediency and dictated by sound common sense" (p. 259), we do not dissent. We are of the opinion, however, that the author's manner of treatment might lead to the assumption that Seward has been accorded greater credit than he deserves for the withdrawal of the French. The collapse of Napoleon's project was written in the book of time, whereas Seward's service was in the preservation of American neutrality. American assistance to Juarez in the last days of Maximilian's stand is worthy of mention.
With the conclusion of the Civil War and the re-establishment of Mexican independence, a new era in the relations of the United States and Mexico was inaugurated. Formerly the American attitude had been one of aggression and eagerness for territory; henceforth it was to be marked by a strong desire for investment opportunities and commercial intercourse. "Manifest destiny was giving place to economic penetration" (p. 278). The new era was not to be born without travail. The greatest impediment to friendly relations in the decade subsequent to 1867 was the state of affairs on the border. The accumulated grievances occasioned by Indian raids, smugglers, filibusters, and border ruffians reached a crisis in 1877-1879 after Porfirio Díaz had seized the Mexican government. The Hayes administration chose, as did Secretary Hughes respecting the recognition of Obregón, to insist on a formal treaty of guarantees as the price of recognition. It is significant that both attempts failed, although the Díaz victory was more complete. It is likewise significant to note that on both occasions the American government was forced to forego its demands because of the pressure of American interests which had various motives for wishing to resume relations with Mexico. Although "Díaz refused to grant [concessions] by open and formal proclamation from the housetops he gradually yielded in the secret places of the palace" (p. 311). Recognition received, he invited a flood of American capital, which came near submerging his nation. It indeed appeared that Seward's "expectation that Mexico would eventually be acquired by the gradual process of Americanization which would result from the emigration of capital and colonists from the United States" (p. 277), was to be realized. By the close of the year 1911, American holdings in Mexican railroads were valued at almost $650,000,000, and American mining properties were worth $250,000,000. American holdings in farms, ranches, and timber lands reached almost $80,000,000 by 1912. This does not suggest the vast extent of the holdings, however, since lands were acquired at a few cents an acre. The large holding was the rule. Dr. Hippy presents an impressive list of American land grants, which includes the 250,000-acre Hearst estate in Chihuahua and the American owned Piedra Blanca ranch of 1,240,000 acres. And finally we are told (too briefly, however) how the American oil interests invaded Mexico.
Although the American movement into Mexico was attended by certain material advantages for the Mexican people, apprehension and later opposition was aroused. How potent was his Yankee favoritism in bringing about the final overthrow of Díaz, is shown in the fact that "nearly all of the charges preferred against the Díaz régime are connected directly or indirectly with his policy toward the United States" (p. 329).
In proportion to the rest of the book, the Díaz régime receives restricted treatment. The author has anticipated this criticism, for he says, "The thirty years which followed the advent of Porfirio Díaz were marked in general by a pacific intercourse yielding comparatively little for the historian to record" (p. vii). The "Pacific Penetration" of Mexico is worthy of more detailed treatment, since this is one of the salient features of the Díaz rule. The change in the mining law of 1884 might have been set forth, since it was attended by far-reaching consequences. The methods whereby the lands were acquired to pass them on to the foreigners should have been mentioned. The intervention of the United States in the Mexican-Guatemala dispute, United States-Mexican mediation in Central America, and Díaz and the Monroe Doctrine are subjects that should have been developed.
The author presents his material in a clear, dignified style. From the literary and historical standpoint this is a work worthy of the highest praise. The copious citations to United States and Mexican official publications, periodicals of the two nations, and to other materials, bear witness to industry and painstaking scholarship. There is an excellent bibliography at the end "for whoever desires to make a fuller study." Despite the omission of a word on the first page (line 17), the author and publisher are to be congratulated on a remarkably clean copy.
J. LLOYD MECHAM.
AFFAIRS OF THE ASSOCIATION
The twenty-ninth annual meeting of the Texas State Historical Association was held at the University of Texas, Austin, Texas, April 23, 1926. The program follows:
- Cattle Drives from Texas before the Opening of the Kansas Trails, 1867 J. Frank Dobie
- Notes on the Texas Declaration of Independence James K. Greer
- Original Characters of the Texas Revolution (J. M. Allen and Jesus Cuellar) Harbert Davenport
- Selections from an Autobiographical Sketch of General George W. Morgan Samuel E. Asbury
- Presentation of portraits of Mrs. Jane Long and Dr. Robert Peebles to the University Library by Mr. and Mrs. R. G. White of Hempstead, Texas. Presentation by Rev. W. S. Red and acceptance by E. W. Winkler.
- Biographical Sketch of Dr. Peebles Miss Winnie Allen
- Biographical Sketch of Mrs. Jane Long Mrs. Mattie Austin Hatcher
Officers were elected as follows: President, Judge T. F. Harwood of Gonzales; Vice-Presidents, Dr. Alex Dienst of Temple, Judge George W. Tyler of Belton, Professor J. L. Clark of Huntsville, and Rev. W. S. Red of Austin; members of the Executive Council, Mr. Ingham, S. Roberts of Houston, and Mrs. L. N. Throop of Austin; Corresponding Secretary and Treasurer, Professor Charles W. Ramsdell of Austin.
Members were elected as follows: John Lloyd Mecham, Austin; Miss Mary Vick Burney, Austin; James Frank Dobie, Austin; Judge Lee Wallace, Kerrville; Judge H. C. Giddie, Kerrville; A. C. Schreiner, Kerrville; Miller Harwood, Harlingen; Dr. S. E. Thompson, Kerrville; L. A. Schreiner, Kerrville; H. H. Sagebiel, Fredericksburg; Herbert Godwin, Houston; Robert P. Felgar, Denton; C. A. Bridges, Denton ; H. Budd, Terrell; T. L. Treadwell, Christoval; Harry L. Seay, Jr., Dallas; R. M. Farrar, Houston; R. E. L. Jackson, Maxey; A. C. Ford, Houston; Robert L. Bobbitt, Laredo; Thomas W. Currie, Austin; William P. Hobby, Houston; J. A. Templeton, Jacksonville; E. W. Bartholomae, Bayside; Matt Bradley, Tioga; Miss Jonnie Colbert, Gainesville; Robert T. Neill, San Angelo; Joseph C. Develin, San Angelo; Joe A. Worsham, Dallas; Judge G. P. Webb, Sherman; J. A. Tennant, Houston; Ashley H. Sills, Gainesville; Asher R. Smith, Laredo; Harwood Stacy, Wichita Falls; Huling P. Robertson, Jr., Dallas; Dr. George R. Poage, Denton; F. M. Newman, Brady; Mrs. C. T. Ross, Pecos.
Mrs. Lizzie Neblett Throop, Austin, Texas, was elected to honorary life membership. This was done in recognition of the gift of a valuable collection of Civil War letters, a file of the Navarro Express for the same period, and a number of other documents of considerable interest and value.
The Treasurer's report follows:
THE QUARTERLY OF THE TEXAS STATE HISTORICAL ASSOCIATION
The management wishes to announce that the back volumes of THE QUARTERLY can be purchased and that a complete set is now available. The first four volumes have been reprinted, and will be sold at the following prices, on the installment plan, or for cash on delivery:
- $5.00 per volume unbound;
- $6.50 per volume bound in cloth;
- $7.00 per volume bound in half leather.
Volumes V and VI are still to be had in the original copies for the following prices:
- $4.00 per volume unbound;
- $5.50 per volume bound in cloth;
- $6.00 per volume bound in half leather.
All the remaining volumes can be had for:
- $3.00 each unbound;
- $4.50 for a cloth binding; and
- $5.00 for the half leather binding, through volume XVI.
The Association will undertake to have loose numbers bound for members, charging merely the binder's price.
ADDRESS THE TEXAS STATE HISTORICAL ASSOCIATION, AUSTIN, TEXAS.
2. Richardson, Messages, IV, 410, 454, 504. According to the official records the rent received for the years 1841, 1842, 1843 and 1844 amounted to $6354.74, while the expenses of the system during this period amounted to $26,111.11.
3. United States Statutes at Large, IX, 37, 146-147, 179.
4. Marshall's discovery of gold in Sacramento valley was on January 24, 1848. But long before 1848 gold had been found in California near the Colorado River, near present San Diego County, around Los Angeles, and Monterey. The mineralogist, James D. Dana, of the Wilkes expedition in 1841, mentioned in his book on mineralogy that gold had been found in Sacramento valley. In his letter to Secretary Buchanan, Thomas O. Larkin wrote on May 4, 1846, that there was no doubt that gold, silver, and other minerals would be found in California. Report of Browne upon the Mineral Resources of the States and Territories West of the Rocky Mountains, November 24, 1866, in H. Ex. Doc. 29, 39 Cong., 2 Sess., 13-14 (1289).
5. H. Ex. Doc., 17, 31 Cong., 1 Sess., 532-533 (573).
6. H. Ex. Doc., 59, 31 Cong., 1 Sess., (577).
7. Richardson, Messages, IV, 643.
8. Cong. Globe, 30 Cong., 2 Sess., 257-259. Benton held that the gold mines were a curse and not a blessing to a nation, for they demoralize a people.
9. Richardson, Messages, V, 20; Cong. Globe, 31 Cong., 1 Sess., App. 22-23.
10. H. Ex. Doc., 17, 31 Cong., 1 Sess., 704, 707, 708, 710 (573).
11. Ibid., 788-789 (573); Sacramento Placer Times, July 9, 1849.
12. Browne, Debates, 430-431, 461, 462, 463-464.
13. Cal. Legislature Jours., 1850, 802-816.
14. For the bill and debates see Cong. Globe, 31 Cong., 1 Sess., 1815, 1869, 2018, 2029-2030, App., II, 1362 et seq.
15. The "address" was printed in the San Francisco Alta, December 24, 1850, and the San Francisco Pacific News, December 24, 1850. Hereafter "San Francisco" will be omitted from the San Francisco newspapers.
16. Picayune, November 14, 1850; Pacific News, December 6, 1850.
17. Courier, November 12, 1850; January 31, 1851.
18. Sacramento Transcript, December 6, 1850.
19. Herald, January 30, 1851.
20. H. Ex. Doc., 31 Cong., 2 Sess., 11, 27-28 (595).
21. Alta, March 1, 1851; Pacific News, January 28, February 21, February 28, 1851; Picayune, September 18, 1851; Sacramento Transcript, January 31, 1851; Herald, January 5, 25, 30, 1851.
22. Cal. Legislature Jours., 1851, 1021. The resolution and long preamble were printed in the Pacific News, January 29, 1851.
23. Davis, Political Conventions in California, 13.
24. Cal. Sen. Jour., 1852, 17, 78-79.
25. Alta, March 1, August 5, 13, 1851; Herald, June 6, 1851; Picayune, September 18, October 11, 1851; Pacific News, March 6, 1851; Sacramento Union, January 26, 1852.
26. Richardson, Messages, V, 127; H. Ex. Doc., 2, 32 Cong., 1 Sess., 501 (635).
27. Cal. Assembly Jour., 1853, App. Doc. 35, pp. 4.
28. Cal. Sen. Jour., 1853, 23; 1854, 23; 1855, 41-42; Davis, Political Conventions in California, 13, 20, 36.
29. Cal. Legislature Jours., 1850, 217, 493-497; Cal. Statutes, 1850, 221-223.
30. Pacific News, October 10, 1850; Picayune, August 14, 1850. Inflammatory bills Were posted on the trees in the mines. One of them read: Note to foreigners: "It is time to unite, Frenchmen, Chileans, Peruvians, Mexicans, there is the highest necessity for putting an end to the vexations caused by the Americans in California. . . ." (Cal. Legislature Jours., 1851, 660; Pacific News, May 28, 1850.)
31. People v. Naglee, 1 Cal., 232-255.
32. Cal. Statutes, 1851, 424. Instead of a monthly revenue of several hundred thousand dollars, as it had been estimated by the legislature of 1850, the total amount received from this source up to December 15, was only $29,731.16.
33. Meetings were held at Auburn, Horse Shoe Bar, Michigan Flat, and various other places. (Alta, July 1, 16, 1852; Sacramento Placer Times and Transcript, May 9, 1852.)
34. Cal. Statutes, 1852, 84-87. The fee was raised to four dollars a month at the next session, and the act was further amended in 1855. (Ibid., 1853, 62-65; 1855, 216-217.) The receipts for 1854 were $100,557.92, and for 1855, $123,323.28. (Fankhauser, Financial History of California, 160.)
35. Alta, May 12, 1852; June 24, 1853; Cal. Assembly Jour., 1853, App. Doc. 28, pp. 1-21; Cal. Sen. Jour., 1855, App. Doc. 19, pp. 1-13.
36. Bulletin, June 23, 1860. The reason for the partiality was partly due to the clannishness of the French and their lesser readiness to become citizens. See Malloy, Treaties, Conventions, International Acts . . .I, 531.
37. Cal. Assembly Jour., 1852, 12-13. Governor McDougal pointed out in his annual message that the six southern counties with a population of 6367 souls had paid into the state treasury for the fiscal year ending July 1, 1851, the sum of $41,705.26; while the twelve mining counties, with a population of 119,917 souls, had paid during the same period only $21,253.66. The amount of capitation taxes assessed in the twelve mining counties was $51,495.00, and the amount returned as delinquent $47,915.00; while the amount assessed in the agricultural counties was $7,205.00 and the amount returned as delinquent $3,291.50.
38. Alta, January 28, December 8, 1852.
39. Cal. Assembly Jour., 1852, 829-835. Also see report of the Senate special committee. (Cal. Sen. Jour., 1852, 584-588.)
40. Cal. Assembly Jour., 1853, App. Doc. 35.
41. For a discussion of the mineral question during this period see Alta, March 16, May 20, 1853; Sacramento State Journal, February 17, 1853; Sacramento Union, January 28, 1856, December 12, 1857, January 22, 1858, February 12, 18, 22, 25, 1859. In the opinion of the Alta the state's taxable property would be increased by $200,000.00 if the mines were granted to the miners.
42. Hicks v. Bell, 3 Cal., 227; Stoakes v. Barrett, 5 Cal., 39. But in Moore v. Smaw, and Fremont v. Flower (17 Cal., 223), the supreme court of California refused to sustain the doctrine advanced in the above cases
43. Placer Times and Transcript, August 14, 1853. The Alta of August 12, 1853, and the Sacramento Union of August 17, 1853, expressed themselves against the doctrine of state ownership of the mines.
44. Cal. Sen. Jour., 1857, 275-281. The same opinion was expressed by J. W. Denver of California in his speech in Congress on the California land claims. (Cong. Globe, 34 Cong., 1 Sess., 1842.) There was also considerable controversy between the state and federal authorities with regard to the question whether or not the mineral lands were included in the township grant of 1853. The federal authorities contended that the grant contemplated only such townships that could be legally surveyed and divided into sections. But since the mineral lands were excluded from survey by an act of Congress, there could be no such selections upon them. The California authorities, on the other hand, maintained that the Act of 1853 contained no reservation with regard to the mineral lands, and the mining districts were in need of educational facilities just as well as other districts. See Cal. Sen. and Assembly Jours., 1863, 38-44.
45. Cal. Sen. Jour., 1857, 274-275.
46. Good accounts of the miners' rules and regulations are given in Yale, Legal Titles to Mining Claims and Water Rights, Chaps. VII, VIII; Shinn, Mining Camps, Chaps. II, X, XIII, XXI, XXIII. See also Browne's Report in H. Ex. Doc., 29, 39 Cong., 2 Sess., 226-264 (1289).
47. Cal. Statutes, 1851, 149.
48. H. En. Doc., 2 , 35 Cong., 2 Sess., 77 (997).
49. Cong. Globe, 35 Cong., 2 Sess., 1.487; Alta, January 14, 1859; Bulletin, November 24, 26, 1858.
50. For the bill and debate see Cong. Globe, 36 Cong., 1 Sess., 1754, 1771, 1777, 1795.
51. H. Ex. Doc., 1, 37 Cong., 2 Sess., 445, 489 [1126 1/2].
52. Cal. Sen. Jour., 1863, 41-42; Cal. Statutes, 1862, 601.
53. H. Ex. Doc., 1, 38 Cong., 2 Sess., 5-6, 39-42 (1220).
54. H. Ex. Doc., 1, 39 Cong., 1 Sess., pp. III-IV (1248); H. Ex. Doc., 1, 39 Cong., 1 Sess., 31-32 (1254).
55. H. Ex. Doc., 1, 39 Cong., 1 Sess., 38-43 (1248).
56. See Cong. Globe, 38 Cong., 2 Sess., 7, 684-7.
57. Cal. Assembly Jour., 1865-1866, 58.
58. Sacramento Union, January 6, 1866. Resolutions against selling or taxing the mineral lands were adopted at the state Democratic Convention (Davis, Political Conventions in California, 209, 224, 229). But also see Bulletin, January 19, June 29, July 6, 31, 1866.
59. The memorial was published in the Sacramento Union, January 31, 1866.
60. For the several bills and debates see H. Rep., 66, 39 Cong., 1 Sess (1272); Cong. Globe, 39 Cong., 1 Sess., 1844, 2965; H. Rep., 105, 39 Cong., 1 Sess. (1240); Cong. Globe, 39 Cong., 1 Sess., 3225-3237, 3451-3454, 3951-3952, 4054. A full account of the history of the passage of the bill was given by a correspondent in Washington, published in the Alta on May 17, 1867. A different view of the same subject is given by Julian in his Political Recollections, 286-292. "The clumsy and next to incomprehensible bill," he says, "thus became a law, and by legislative methods as indefensible as the measure itself."
61. United States Statutes at Large, XVI, 251-252.
62. Bulletin, July 31, 1866.
63. Sacramento Union, June 23, 1866; Bulletin, August 8, 1866.
64. Cal. Sen. Jour., 1867-1868, 53.
65. United States Statutes at Large, XVI, 217-218; XVII, 91-96.
66. In his report of 1866, Browne estimated the total production of gold in California up to 1865 at about $900,000,000. The gold exportation from San Francisco during these years was as follows:1849, $4,921,250;1850, $27,676,346; 1851,$42,582,695;1852,$46,588,434;1853, $57,330,034;1854, $51,328,653; 1855,$45,182,631;1856,$48,880,543;1857, $48,976,697;1858, $47,548,025; 1859,$47,649,462;1860,$42,203,345;1861, $40,639,080;1862, $42,561,761; 1863,$46,071,920;1864, $55,707,201;1865, $44,984,546. Total, $740,832,623. To this he added $200,000,000, the amount carried away during this sixteen years unmanifested. Report Upon the Resources of the States and Territories West of the Rocky Mountains, H. Ex. Doc., 29, 39 Cong., 2 Sess., 50 (1289).
67. Moctezuma to Ugartechea, August 15, 1833, in Filisola, Memorias para la Historia de la Guerra de Texas, I, 428.
68. THE QUARTERLY, XI, 49.
69. Johnson-Barker, History of Texas, I, 352.
70. William G. Cooke to Dr. James Cook, August 7, 1839, THE QUARTERLY, IX, 213.
71. W. A. Bartholomae's Manuscript translation of Ehrenberg's Narrative, page 82, University of Texas Library.
72. Id., page 86.
73. MS. Consultation Papers, Texas State Library.
74. Proceedings of Convention at Washington, page 60, in Gammel, Laws of Texas, I, 878.
75. Filisola, Memorias para la historia de la Guerra de Texas, II, 205. 76. José Urrea, Diario de las Operaciones Militares, de la Division que al mando del General José Urrea, hizo la Campaña de Texas, 9.
77. Filisola, II, 405-406.
78. THE QUARTERLY, XIII, 285. There is another version of Boyle's Reminiscences among the Comptroller's Military Records now in the Texas State Library, but the pages dealing with this episode are missing.
79. Lamar Papers No. 336; Printed Edition, I, 335-336. The printed copy has several errors.
80. Id., 336.
81. No. LII, September 4, 1839.
82. Letter has not been found.
How to cite:
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