MEMORIAL OF THE OFFICERS OF THE LATE TEXAS iNAVY, TO TIlE CONGRESS OF THE UNITED STATES, JANUARY, 1850, W A S II N G T O N. T..oB A R N A R D, PRINTE. I S50. MEMORIAL. To the Honorable Senate and.house of Representatives of the United States in Congress assembled: The undersigned, being the surviving officers of the Navy of the late Republic of Texas; most respectfully represent to your Honorable body, that under the provisions of the "Joint Resolutions"passed and approved on the 1st of March, 1S45, inviting the then Republic of Texas to become a member of this confederacy, there was a clause providing that the "Navy of Texas should be added to the Navy of the United States."' By the construction however, that was put upon the terms of annexation, the officers of the Texas Navy who had served during her struggle for Independence-defended her sea coast and protected her commerce successfully for several years, against fearful odds; were, as they humbly contceive, deprived of their just rights by not being incorporated into the Navy of the United States, on the consummation of annexation and the transfer of the vessels of the Navy of Texas, to the Navy of the United States. Instead of being thus transferred, as they confidently expected and believed they would be, under a just and liberal construction of the terms of annexation, and from the'-fair promises" made by the Charge d'Affaires from this Government to the Repllblic of Texas during the progress of annexation; after the consummation of that measure, and some of us being retained in charge of the Texas Vessels of War several months after the change of Flags; we were relieved by officers of the United States Navy, and literally turned out of those vessels, which we can say without incuring the charge of egotion; that in the cause of our adopted country, we had fought successfully against odds, and under disadvantages unprecedented in the annals of history. We believe that we are authorized in stating that but for the "fair promises" made by the Charge d'Affaires from this government to that of Texas; and the urgent manner in which he assured the authorities thereof, "that they might rely with confidence on the justice and magnanimnity of the government of the United States, in relation to this and other matters growing out of, andlertaining to annexation," as well as the abiding confi, dence of the authorities and people of Texas that these pledges would have been fulfilled; there can be little doubt that an especial clause would have been provided by the Congress of the Repulic of Texas, for the few surviving officers of her Navy, whose services 4 in her unequal struggle for the maintenance of her Independence she fully appreciated, as will be shown by the following Resolutions, passed in her capacity as an independent Nation-by her Convention that framed the State Constitution under which she was admitted into the Union-and by both Legisjatures that have met since she became a State of the confederacy. "First { Journal of House Extra Session, June 1845,page 86.)'Resolved —That the thanks of the House of Representatives of the Republic of Texas are justly due Commodore E. W. Moore and those under his commnland in the service of the Navy of said Republic."'''SFCONDT.Y, (Jvurnals of Convention, p. 312.)'Resolved by the Delegates of the people in Convention assembled, That in closing their labors as the representatives of the people, they respectfully recommend to the favorable considetation of the American government, their gallant fellow citizen, Post Captain E. W. Moore. and request that he may be retained and provided for in the Naval service thereof.' THIRDLY. The following separhte resolutions of each branch of the first legislature; before it was known what construction would be given to that part of the annexation resolutions in reference to, and affecting the officers of the Texas Navy, viz: "Resolved by the Senate of the State of Texas, That they respectfully lecommend to the favorable consideration of the United States government, the officers of the late Texas Navy, who have gallantly defended the interests and flag of the Republic in the Gulf of Mexico, and request that they may be retained and provided for in the Naval service thereof." "SENATE CHAMBER, Austin, Texas, May 14, 1846." "I certify the above to be a true copy of the original resolution unanimously adopted in the Senate of Texas, on the 12th inst. A. C. HORTON, Attest: H. P. BEE, President of the Senate. Secretary of the Senate. "Resolved by the H,3use of Representatives of the State of Texas, That they recommend to the favorable consideration of the government of the United States, those officers of the late T'exas Navy, who so gallantry defended the interest and flag of the Republic on the Gulf of Mexico in the year 1843, and request they may be retained and provided for in the Naval Service thereof." "HOuSE OF REPRESENTATIVES, May 13, 1 46." "I certify that the foregoing resolution was adopted unanimous 5 ly by the HIouse of Representatives of the State of Texas, ofl the 13th day of May 1846. S. W. PERKINS, Soeaker House of Reps." Attest: "BENJ. F. HILL, Chief Clerk House of Reps." FOURTHLY. The following Message of Governor Wood, and the "Joint Resolution" which was passed unanimously by the last legislature of the State of Texas; upon the recommendation of the Governor of the State in a special message to the legislature; after it was known to him that the construction put by the authorities of the federal government, uipon that part of the annexation resolutions relative to the Navy of Texas, had deprived tlie officers of the Texas Navy of the positions to which they were entitled under a just and liberal construction of the terms of annexation, viz; "EXECUTIVE OFFICE, Austin, January 18, 1848." "Gentlemen of the House of Representatives: You are aware that by the terms of the joint resolutions of an nexation, the Republic of Texas was required to transfer to the general government her Navy, and all other mnearis of public defence. You are also aware that aqluestion has arisen, whether the officers belonging to the Navy were not a constituent part of the same, and if so, whether they sholcld not of right, be includ. ed in the transfer and incorporated in (he Naval Service of the United States. A bill was introduced by one of our Senators in Congress at the session before the last, authorimng the President to increase the Naval establishment of the United States, by adding thereto the Navy of Texas.. Our. Senators contended that a liberal construction of the Annexation Resolutions, together with the fair promi, ses made by Mr. Donelson to the authorities of Texas, gave our Naval Officers, thrown out of employment as they were, a strong claim upon the justice and magnanimity of the United States government. This bill was objected to and consequenrly failed to pass. President. Polk however, assured our Representatives that he would bring the subject again before Congress at its present session, and it is to be presumed that where a governn)ent has made promises, directly or indirectly, she will redeem them, and that even handed justice will be meeted out to Texas and and her citizens. The Legislature has as yet had no action upon the subject, and as it will claim the attention of our delegation in Congress, at an early day of the present session, I would most respectfully suggest that your honorable body pass resolutions expressive of the wishes and expectations of the people of the State. This would certainly enable our Representatives to urge the subject more effectually upon the attention of Congress. If any class of our citizens was injured by the consummation of annexation, it was that class that constituted our Navy, in as much as they were thrown out of the occupation to which they had been educated, and disqualified by their professions fromn engaging in any other business. In addition to this, it must be admitted that the Navy of Texas was an active and efficient arm of public defence, and assisted in the establishment of our govern. ment, and the maintenance of our national honor. GEO. T. WOOD. The same rnessage was sent to the Senate. JOINT RESOLUTION " Tnstructinga our Senators and requestinlg our Representatives to use their influence to procure the incorporation of the Officers of the late Navv of Texas into the Navy of hihe United States." "WHEREAS, there were connected withl the great measure of annexation to the confederacy of which we are now a miember, various reciprocal rights andl conditions, prescribed by the terms thereof, as well as others clearly implied and fairly deducible from the same, all of which Texas has on her partfulalyand conmpetely redeemed; And Whereas, it is the opinion of this Legislature, that the {officers of our late Navy, by a liberal and just, if not by a strictly legal construction of the terms of annexation, should be incorporated into the Navy of the United States in their several ranks, and that they are justly entitled to the samle, as well from the construction here claimed, ats from their high characters, personal and professional, and the zeal, fidelity, patriotism, and valor with which they sustained the cause of their country wlhile its Navy was in existence-Therefore, SECTION 1. Be it Resolved by the Legislature of the State of Texas, That our Senators are hereby instructed, and our Representatives in Congress requested, to use their influence to procure the passage of a law by the Congress of the United States, incorporating the officers of the late Navy of Texas into the Navy of the United States, in the rank which they severally held in the late Navy of Texas. SECTION 2. Be it further resolved, That the Governor be requested to cause copies of this "Joint Resolution" to be immediately forwarded to each of our Senators and Representatives in Congress. The above "Joint Resolution" passed unanimously, and was approved by the Governor February 2d, 184S. The undersigned are informed that one of the arguments used to prevent our admission into the Navy of the United States, has been the assertion that some of us had failed to pass our examinations in the United States Navy, and in consequence had to leave, either for that or for some other cause orlcauses. In reply to which we beg leave to state, and we do so without the fear of contradiction, that theBT surviving officer of the late Texas Navy, holding a commission, and especially referred to in the preceding resolu. tions passed by the late Republic, and the State of Texas, who was ever in the Navy of the United States, is our Commander; against whom we are well satisfied no such statements can be made. Trusting in the high sense of justice of tile Congress of the United States, we Ihave as briefly as possible laid our case before your honorable body; and we respectfully, but most urgently petition that such action be taken as will, enable us to participate in the Union of our adopted country to this confederacy, under a just and liberal construction of the terms.of annexation; as we, with the authorities and people of Texas most confidently expected and believed we would, without this long and harassing delay of what we conceive to be our clear and unquestionable rights. All of which your Memorialists most respectfully submit to your Honorable body, in the hiope that we will speedily receive' at your hands the simple act of justice, wlhich from the force of circumstances we have been thus long debarred. E. W. MOORE, late Capt. Colnmanding, ALFRED G. GRAY, late Lieutenant, A. J. LEWIS,' " W. A. TENNISON, " WM. OLIVER, ('CYRUS CUMMINGS,'" CHARLES B. SNOW,"' CIHAS. S. ARCAMBAL, late Master in line of prolnotion. WM. E. GLENN, J. BURROWS GARDNER, late Surgeon, NORMAN HUR1), late Purser, J. F. STEPHENS, " " JAS. W. MOORE, " " NUMBER OF OFFICERS: I Captain, 6 Lieutenants, 2 Masters in line of promotion, 1 Surgeon, 3 IPtrsers. 13 Total