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Finally, an order was issued from New Orleans on March 10, 1837, signed by A. S. Thruston, commissary general of Texas, to the effect that recruiting service for the present was suspended; those who had already entered for two years or during the war and were ready to leave for Texas equipped, would be enrolled and furnished transportation from New Orleans.1 It is not surprising, in view of the conflicting rumors of a renewed invasion of Texas which obtained currency in the United States, that volunteers should have continued to present themselves for enrollment in the armies of Texas.

3

A word may be said about the organization of those who went as volunteers from Kentucky and from other states. Most of these belonged to the Auxiliary Volunteer Corps, those from Kentucky enlisting for the more part for a period of six months, fewer enlisting for three months, and still fewer for the duration of the war. Provision was made for this body in accordance with an ordinance passed by the Council December 5, 1835. By the terms of this act each platoon should not contain less than twentyeight men, rank and file; each company was to consist of two platoons of fifty-six men, rank and file; each battalion, five companies, or two hundred and eighty men, rank and file; each regiment two battalions, or five hundred and sixty men, rank and file: each platoon might be officered by one first lieutenant, each company by one captain, one first lieutenant and one second lieutenant; each battalion, one major; each regiment one colonel,

'Kentucky Gazette, April 13, 1837. Cf., however, Catlett to Henderson, May 7, 1837. Garrison, Dip. Cor. Tex., I, 217. According to Yoakum, History of Texas, II, 209, only those volunteers would be passed by Colonel Thruston who should furnish themselves with good arms, six months' clothing, and two months' rations.

Upon this subject, see Barker, "The Texan Revolutionary Army," in THE QUARTERLY, IX, 227-261.

See Muster Rolls for period of enlistment. The following oath was taken by the volunteers: "Know all men by these presents that I have this day enrolled myself in the Volunteer Auxiliary Corps for and during the term of six months. And I do solemnly swear that I will bear true allegiance to the Provisional Government of Texas or any future Government that may be hereafter declared and that I will serve her honestly and faithfully against all her enemies whatsoever and observe and obey the Governor of Texas, the orders and decrees of the President and future authorities, and the orders of the officers over me, according to rules and articles for the Government of the Army of Texas. So Help Me God." Muster Rolls, p. 115. As a rule, the volunteers hesitated to enlist for any definite period. Cf. Yoakum, History of Texas, II, 456.

and one major.1 Shortly after the passage of this act, another ordinance was adopted empowering the commander-in-chief to accept the services of five thousand auxiliary volunteers."

Those who enlisted for the duration of the war received the same pay, clothing, and wages as was allowed by the United States in the war of 1812, besides bounties in money and valuable tracts of rich land. The auxiliaries from the United States, it may be noted, were also permitted to choose their own company officers. By the decree of December 5 a bounty of six hundred and forty acres was promised those who served throughout the war; those enlisting for three months received a bounty of three hundred and twenty acres; those enlisting for a shorter period received no bounty, otherwise their status was similar to that of the permanent volunteers.3 Later an ordinance of March 10 increased the bounty of those serving twelve months or during the war to twelve hundred and eighty acres; those serving nine months received nine. hundred and sixty acres; while six hundred and forty acres were received for six months' service, and three hundred and twenty acres for three months' military service. Those entering the service of Texas after July 1 were to receive a quantity of land in proportion to their services."

At the suggestion of Fannin provision was made by the Council for a battalion of cavalry to consist of three hundred and eightyfour men, rank and file, divided into six companies: arms and uniforms were also prescribed. The members of this force were to receive the same pay as cavalry in the service of the United States and a bounty of six hundred and forty acres of land."

Attention has already been called to the services of General Chambers in recruiting volunteers for his "Army of Reserve";

1Ordinances and Decrees, 48.

Ibid., 85.

Cf. THE QUARTERLY, IX, 233, note 3. President Burnet, in his first message to the Texan Congress, October 4, 1836, recommended the propriety of withholding all inducements to enlistments for short periods of time. The message is printed in Niles' Register, LI, 189-191. The correspondent of the Courier and Enquirer, November 21, 1836, wrote from New Orleans that treasury bills of volunteers could be cashed in that city only in small quantities and at an enormous discount. 'Ordinances and Decrees, 92.

"Proceedings of Convention, 74-75.

"THE QUARTERLY, IX, 234.

these received the same pay and bounty as the other auxiliaries.1 Of course when volunteers from the United States enlisted in branches of the service other than those mentioned above, they became entitled to the rewards pertaining to the particular service in which they engaged. For instance, members of the Regular Army received the same pay and emoluments, rations, and clothing as those belonging to the corresponding branch of service of the United States. In addition, they received a bounty of eight hundred acres of land and $24.2 To each of the volunteers in the Army of the People of Texas was given a bounty of six hundred and forty acres of land.3 Soldiers who came to Texas after March 2 and prior to August 1, 1836, received one league (4428 acres) and one labor (177 acres), if the head of a family; and onethird of a league (1476 acres) if a single man. Lawful heirs of all such volunteers were to be entitled to the quantity of land due the deceased; said heirs to receive an addition in the way of a bounty-640 acres as decreed by the Council, December 11, 1835. A donation of six hundred and forty acres was given to those engaged in the battle of San Jacinto, to those entering Béxar between the morning of the 5 and the 10 of December, 1835, and taking part in the reduction of the same; to those in the action of March 19, 1836, under Fannin and Ward and to their heirs; and to the heirs of those who fell in the Alamo. The heirs or legal representatives of those who fell with Fannin, Ward, Travis, Grant, and Johnson received a league and a labor or one-third of a league, according as the soldier was the head of a family or a single man, and to each one was given an additional bounty of six hundred and forty acres. The pay of volunteers from the United States, according to a resolution passed by the Texan Congress November 23 and 24, 1836, was to commence from the time of their embodying and leaving home, provided said time did not exceed sixty days prior to their being mustered into the service of the republic of Texas. At the same time it was determined that

'THE QUARTERLY, IX, 235, and above, p. 46, note 2.

Ordinances and Decrees, 22, 87.

Ibid., 79.

'Gammel, Laws of Texas, I, 1414. "Ibid., I, 894-895.

'Cf., Ibid., I, 1450-1451.

all volunteers who had entered the service of the republic since July 1 last should be entitled to the same pay and bounties of land as those entering prior to that time. According to a law of December 18, 1837, all those permanently disabled while in the service of Texas by loss of eye, arm or limb, or other bodily injury so as to be incapacitated for bodily labor, received one league of land.2

This matter of the land bounties has been dwelt upon somewhat at length for two reasons: first of all, the inducement thus held out to volunteers a compelling motive in causing hundreds from the United States to enlist in the service of the Texan government; and, secondly, many of those who rendered such service would naturally, at the close of hostilities, settle down permanently in the region between the Sabine and the Rio Grande. It may be observed that Austin while acting as commissioner to the United States wrote back to the government of Texas in regard to offers of land to volunteers at variance with those of the government, which offers, he said, did much harm. The offer referred to was one made by Major William P. Miller, of Nashville, promising eight hundred acres and $24 bounty. The decree increasing the bounty of soldiers in the regular army by one hundred and sixty acres and $24 was passed December 14, and had not come to the notice of Austin.3

Touching the question of neutrality, Kentuckians like the volunteers from other states, did not feel themselves called upon to pay any more heed to the laws upon the subject than did anti

'Gammel, Laws of Texas, I, 1094. "Ibid., I, 1436.

Austin, Archer and Wharton to Smith, February 16, 1836; Austin to Owings, February 12, 1836; Austin and Archer to the Governor of Texas, March 3, 1836. Garrison, Dip. Cor. Tex., I, 68-69, 70, 73. Cf., however, THE QUARTERLY, IX, 233, note 3. The Kentucky Gazette, December 12, 1836, prints an offer signed by Miller promising twelve hundred acres of land and $24 bounty; promises are held out of a law raising the bounty to two thousand acres. According to a joint resolution passed by the Texas Congress November 30, 1836, those introducing by January 10 for the duration of the war as many as twenty men were to receive a second lieutenant's commission; thirty, a first lieutenant's; fifty-six, a captain's; two hundred and eighty, a major's; four hundred, a lieutenant-colonel's; five hundred and sixty, a colonel's, and eleven hundred and twenty, a brigadier-general's. Gammel, Laws of Texas, I, 1112. Cf., also, Lexington Intelligencer, April 26, 1836, and Kentucky Gazette, July 20, 1837.

slavery sympathizers of a later time feel called upon to give their support to laws compelling the rendition of fugitive slaves. In the one case as in the other, the law of the land fell practically flat because the existing state of public opinion rendered federal statutes incapable of enforcement. Add to this the fact, to which attention has already been called, that no adequate means were provided for securing the enforcement of the Act of 1818, which authorized the President to employ the military and naval forces of the United States for the purpose of preventing violations of our neutrality.1

At the very outbreak of hostilities between Texas and Mexico, the President, whatever may have been his views in regard to the cession of Texas in 1819,2 proclaimed the neutrality of the United States in no equivocal terms, and from time to time as occasion arose, reiterated his intention not only faithfully to maintain our neutrality, but to discountenance anything that might be calculated to expose our conduct to misconstruction in the eyes of the world. And this attitude Jackson maintained till the close of his administration. When Wharton and Hunt besought him to recognize the independence of Texas, the President declined to in

'See Barker, "President Jackson and the Texas Revolution," in American Historical Review for July, 1907. Cf., also, Miss Ethel Z. Rather, "Recognition of the Republic of Texas by the United States," in THE QUARTERLY, XIII, No. 3.

"Benton, Thirty Years' View, I, 15, 16.

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'Richardson, Messages and Papers, I, 151, III, 237-238. On August 5, 1836, President Jackson wrote Governor Cannon, of Tennessee, as follows: "The obligations of our treaty with Mexico require us to maintain a strict neutrality in the contest which now agitates a part of that republic any act on the part of the government of the United States that would tend to foster a spirit of resistance to her Government and laws would be unauthorized and highly improper. A scrupulous sense of these obligations has prevented me thus far from doing anything which can authorize the suspicion that our Government is unmindful of them, and I hope to be equally cautious and circumspect in all my future conduct." Sen. Docs., 24 Cong., 2 Sess., I, No. 31. Practically the same sentiments were expressed somewhat over a year later by Forsyth in a letter to General Memucan Hunt. Cf., also, Sen. Docs., 24 Cong., 2 Sess., I, No. 31. One of the Kentucky papers noted that the Governor of Louisiana had issued a proclamation calling attention to the Act of 1818. Lexington Observer and Kentucky Reporter, December 16, 1835. The editor of the Philadelphia Saturday Courier expressed surprise that the President had not issued a proclamation announcing neutrality, inasmuch as such a step was certainly sanctioned by custom.

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