CITIZENS OF NEW ORLEAN.S, CREDITORS OF THE iLAYrE lREPtUB[LIC ()F' TEXAS, TO THI. THIRT''Y-SECNOND COi\GRESS. NEW ORLEANSHINTON & BRO. PRINT, NO. 52 GRAVIER STREET. 1852. 140j _ _ ~~~ // ~~~ ~t OF CITIZENS OF NEW ORLEANS, CREDITORS OF THE LATE REPUTBLI(C 01 TEXAS, TO THE TIIRTY-SECOND) (0 OGN-URESS. NEW ORLEANS: HINTOSN & BRO.'PRINT'-, NO.,5 2RAVIER STREINT. To the Honorable.S.ATE AM) IOlUSE OF REPRlESENTATIVES OF THE UNITED STATES OF AMERICA, IN CONGRESS ASSEMBLED: THE UNDERSIGNED CITIZENS OF NEW ORLEANS, IN T1HE STATE OF LOUISIANA, CREDITORS OF THE LATE REPUBLIC OF TEXAS, By this their Petition, respectfully beg leave to lay before your Honorable Body, their grievance touching the debt of the late Republic of Texas, in which they are deeply interested; having been for many years h)lders of the bonds, and other evidences of debt, of the said late Republic: And in the enjoyment of this favored privilege, of which they are in a high degree sensible, they most respectfully approach you in the attitude of creditors, suffering from long deprivation of their dues, justly and assiduously earned, and most unreservedly confiding in your wise and skilful counsel, and in your unqualified devotion to the dispensation of justice. It is, then, in tilhe consideration of those sublime elements governing tlhe action of your Honorable Body, and in pursuit of their inalienable rights, that they present themselves in the simplicity of citizens? seeking, at your hands redress in a just cause, and the restitution of their just rights. Your Petitioners woul(l represent, that they, in common with many other citizens of New Orleans, had been dealing with the people of the Republic of Texas, which then posseessd an independent form of government; and that they, during such commercial intercourse, became possessed of the bonds, and other evidences of debt, of thalt Republic. They would likewise represent, that esteeming the Republic of Texas an independent government, an(l in its destiny promising to fill an exalted position in the rank of nations, they in confidence relied on the faitihful discharge of its just indebtedness. And'lmoreover, were they further inspired with confidence, from the important consideration of the sacred pledge of the public faith, and from the solemn hypothecation of the impost duties and other revenues, and the public lands thereof, having been thus severally and jointly pledged for the redemption of its liabilities. And in such confidence did your Petitioners hold their claims, in expectation that they would be as faithfully redeemed, as had been sacredly promnised. Circumstances have destined otherwise; and by the act of annexation to the Government of the United States, tlhe support of that reliance —the independent Republic, and the glory and pride of a national identity —have been extinguished; and through that extinguishmernt of nationality, and the consequent helplessness, growing out of the full surrender of their available resources, your Petitioners were virtually (lebarred fiom appealing, to a sovereigall people, who had, in the early and gloomy exstence of their Government, authorised and ratified negotiations for the procurement of that aid so vital to their success, and so indispensible to their Awell-being. Your Petitionters wer. e satisfactorily impressed that the consequences flowing from annexation rendered the Government of the United States justly liable for the indebttedness of the said Republic; they were nereertleless constrained to (l)ide patiently the action of the State of Texas, inasmucllh as,ai(d State was composed of the people of the RIepu.llic of Texas, and had assumned the debt, and accepted as an equivalent the unoccupied d(omain of that Republic, w!bictl afforded aimple means to discharge the said liabilities. In considerlation of the adoption of a measure so commensurate iwithl the exigenvc1y, tand trusting to the honor and integrity )f the State of Texas in the application of that measure, your Petitioners cherished the expectation, that so soon as prosperity dawned on that people, thereby enabling them to dispose of the land(s thuis set apart, they would realise the sum of their claims. That adventitious period has arrived, and the full tide of prosperity is realised; but consequences arising from inability to discharge the debt for a term of years subsequent to.annexation on the one hanld, anl the changes effected by thle influx of emnigration into Texas, and thereby changed views anl feelings, on the otlher hand, have completely effaced the nmoral obligation of that people to discharge the debt that had been assume(l by their predecessors. It is, then, from suchk ir:mumstances, that your Petitioneras have been and are now (eprived of their just rights; and it is from sucli circumstances, that they are now impelled *to invoke and appeal to you in your a(lltinistrative capacity. Agreeable to the terms of annexation, such available means as the Republic of Texas possessed were transferred to tlhe IUnited States: and as well, also, was strrendered to the United iStates all eotrol over the 1p rev-llOes a rising frlom import duties~ A 11d1. in (coiisideraltioll of wh llic revenlues, \ith othier resources. L6,ing, at the ti,,'.of annexation and tralnsfer, solelully pledged for the redemptioln of the debt, your Petitioners confidently believe, that the Government of the ITnited States is justly liable for the payment of the debt, and that the dictates of sound ieason absolutely confirm such opinion; in which they are likewise supportel 1)y the declared opinion of many distinguished statesi en. Your Petitioners would likewise respectfully submit to your l:lature(l and unlbiassed judgment, the renewed and sacred obligation on the part of the United States, growing out of the stipulation offered and ratified by the Government of the United States, in the purchase of a part of the domain embraced within the line of the State of Texas, but nevertheless specially appropriated for the payment of the debt of the Republic of Texas. The purchase and payment, in part, have been accomplished, without inuring to the benefit or advantage of your Petitioners, who had, both prior to and from the terms of annexation, a lien,a.gainst said lands. Then,.and in consideration of such lien having been consummated by the act of the Government of the United States, no possible interpretation, in conformity to;'law and equity," could.justify, or reasonably be advanced in behalf of, a delivery of the purchase money, without providing a safe application of it in the payment of the debts and liabilities of the Republic of Texas. Tlhe act of annexation, while it declares that the United States G(overnlment shall in no event become liable for the indebtedn1ess of the Republic of Texats, also specially provides that the unappropriated lands shall be set apart for the payment of that indebtedn-llless, and "the residue of said lands, nfter discliaroin'r said deblts iandtl liabilities, to b}e disposed of as the State of T.exas mllv (irect." So important a provision, executed agr1eeably to its dleclarative import, would have produced, in the course of time, ample means for tlhe discharge of the existing debt, and would have assured to your Petitioners the payment of their claims. The condition of that enactment has been lost sight of, in the nmore important and absolute necessity of harmonizing the discordant clamor, consequent upon the conflicting questions, and from the threatening aspect that prevailed in the halls of Congress in its session of 1849-'50; and which involvement demanded that the interest of the few should succumb to the good of the whole. Your Petitioners, however, from intimations that had already been divulged by the Texas authorities, were apprehensive that good faith would ilot prevail: yet they were constrained to abide quietly the result, in just apprehension that difficulty might ensue in the event of Congress declining to credit the integrity of Texas. The application of that judicious policy, through the untiring and devoted zeal of the Thirty-First Congress, accomplished the desired end, and instead of anarchy, harmony prevailed, by which the Union, untarnished and immutable, is preserved inviolate, -the invaluable bequest of futurity. Youre petitioners viewed with intense interest the Congressional debates of 1849-'50; and they pondered with fearful anxiety the gloomy aspect, and the ominous forebodings that fell froml the lips of many of the honorable members engaged in the great struggle for the maintenanlc e of the Union. And when the voice of wisdol predominated: and the great compromise measures were consulmmated, none more thtan. your Petitioners hailed with glad dcelight the adoption of those mein tures, as promlising perpetuity to the Union,. and "'peace alnd good will to manll." And they, not forgetting the welfare of their fellow citizens, and not lacking in patriotism, but ready and desirous to yield personal advantages to the behests of their country, in so trying an enlergency, rejoiced in the happy issue,: and they are constrained to say, that they should continue to rejoice, even should permanent loss result, and total obliteration ensue to their just claims. Your Petitioners come before your I-onorable Body with feelings of much delicacy, and as citizens of the United States deploring the occasion which has compelled them to invoke your action in a matter so justly presumed to have been satisfactorily disposed of by the carefully applied action of the Thirty-first Congress. Deeply deploring it, as they do, gladly would they silence complaint, and cheerfully submit to the sacrificial altar prepared for them, were they not compelled to appear before you from the indispensible necessity of possessing once more their justly earned acquisitions. It is familiar to your Honorable Body, that Congress, in September, 1850, passed an Act stipulating to give to the State of Texas Ten Millions of Dollars in United States stock, in consideration of said State transferring to the Government of the United States a certain portion of the public domain embraced within the boundary of that State. And it is equally as familiar to your Honorable Body, that the thus liberal appropriation was made mtainly on the grounud of the large indebtedness of the late Republic of Texas remaining unpaid. In view of so large an indebtedness due from the State of Texas, and yet binding on the G(overnment of the United States, unless discharged by that State, the liberal sum of ten millions of dol 9 lars was proposed, with the implied understanding that it would be faithfully applied to the payment of the debt. Indeed, such consideration was advanced on the floor of Congress by the honorable members from the State of Texas, or at least by a part of those members, and with an eloquence and an ingenuousness becoming their elevated position, did they advocate the cause of their State. Though be it far from the design of your Petitioners to reflect discredit or to impugn the motives of those honorable members; for they feel assured, and implicitly do they confide in the statements and intimations uttered, to be but the faithful outpourings of their own unfeigned views of justice and of their high sense of honor, and as such, believed by them to be entertained by their constituents. The records of their debates most clearly demonstrate the intention of those members. Delicacy and respect for them forbid a repetition of their pleadings here; yet your Petitioners, not deeming it an encroachment on the principles of etiquette, would most respectfully call your attention to a bill prepared for the occasion by one of the honorable members of the State of Texas, in which may be found embraced this article, to wit: — "And be itfurther enacted, that so soon as satisfactory evidence shall be produced to the President of the United States, that Texas has relinquished all claim to the territory in the first section of this Act contained, it shall be the duty of the President to cause to be issued to the creditors of said State of Texas bonds bearing - per cent. interest and redeemable in years, to an amount not exceeding ten millions of dollars. " Thus clearly indicating their integrity of purpose, their views 2 to of justice, and their design in the application of the purchase money to the payment of the debt. The measure of a liberal appropriation was in like manner supported by other honorable members, who, though admitting the liability on the part of the United States, likewise advocated that the State of Texas should be permitted to receive and disburse the purchase money, not doubting her motives, but relying on her patriotism and good faith. The propriety of such course, inasmuch as that State had assumed the debt, and also possessed the records of the existence thereof, and in consideration of an appropriation being provided almost sufficient for the payment of the whole debt, could not consistently be questioned. It was in consequence of the representations of so large an indebtedness existing, that so liberal an appropriation was provided; and from the confidence reposed in their integrity, five millions of dollars, one-half of said appropriation, was placed at the disposal of the State of Texas, it being deemed complimentary, or more respectful, to leave entirely in her hands the application of it to the payment of the debt, and in order thereby that her constituted authorities, to that extent, might immediately "wipe out the debt." Notwithstanding the important considerations to prompt the recipients of so liberal an appropriation to act justly, not to say liberally, toward their creditors, an opposite course is pursued,. causing vast derogation and great injustice to your Petition. ers. The action of the constituted authorities of the State of Texas, tends directly to divert a large part of the appropriation from its intended purpose. For though it was evidently intended to pay off the debt of the late Republic of Texas, the Legislature of the State of Texas, during its present session, 11 has passed an Act* affirming prior Actst which authorised a system of scaling or reducing the bonds and other liabilities thirty, fifty, seventy, seventy-five and eighty cents on the dollar; and in consequence of such reduction, agreeable to the ReportS of the Auditorial Board, the whole debt, as ascertained and estimated inclusive, amounting to $12,436,991 34, is reduced to the sum of $6,827,278 64,which is assunzed to be the available sum realized by the late Republic of Texas, and which includes interest on only a portion thereof up to the first July, 1850, though since which time, agreeable to the available code, adopted for extinguishing liabilities, interest has ceased to accrue. Neither are your Petitioners offered the reduced sum of indebtedness respectively due, in accordance to the scaleage system. By an Act ~ passed during the present session of the Legislature of the State of Texas, the creditors are required to file releases for their claims as against the United States, and the payment thereof, in the reduced sum assigned them, is moreover deferred until the Government of the United States acquiesces in the relinquishment to the State of Texas the reserved stock of five millions of dollars, the remaining half of the purchase money now in the United States Treasury Department, and which, agreeable to the terms of the Boundary Bill, is to be retained by the United States until those creditors holding a specific class of liabilities shall file releases for their claims as against the United States. The design of such measure, on the part of the Texas State authorities, being for the obvious purpose of destroying the lien of the creditors against the United States, and in order to obtain possession of the * Appendix E. t Appendices B and C. + Appendl(ix.). Appendix r, 12 means intended for the payment of the debt, with motives inimical to the interests of your Petitioners, they are forced to decline complying with the terms thus dictated to them, and to come to you for your protection and more equitable action. Touching such scaleage system, your Petitioners earnestly remonstrate against it, as possessing neither sanction of authority to uphold it, or the principles of equity to recommend it. It dispenses unequally and acts arbitrarily, inasmuch as like issues, created under the same act authorizing those issues may be found classed as having been available to the Republic, at thirty cents in the dollar and at one hundred cents in the dollar, when, in reality, they were each available at ninety-five to one hundred cents in the dollar. The system referred to was originated and proposed at a time when the State of Texas was without means, and with a tacit acknowledgment of bankruptcy impressed on the escutcheon of her treasury; and though with a dark and gloomy prospective, neither sustained was it by the dictates of justice, nor acquiesced in by the creditors, except so far as to surrender to the Auditorial Board their original evidences of liabilities. And in order to enforce which measure, the State of Texas passed an Act * compelling creditors to surrender their claims for that purpose, by September 1, 1851, or be forever denied recognition as creditors. Thus were your Petitioners induced and forced to transmit their claims, in order to secure recognition thereafter, in the reduced sums due them respectively, in accordance to said scaleage system; and thus have they, in the submission of their claims, received full recognition as creditors, by the con. Appendix C. 13 stituted Board of the State, possessing the records of the outstanding liabilities: and thereby lhave your Petitioners procured, and are now in possession of, vouchers or certificates, which alike set forth the futll sum and cliaracter of thleir claims in detail, as created and issued by the Republic of Texas, as well as the reduced sum sanctioned by the State authority, as having been available to that Republic. For the purpose of precise indication of the above-namned certificates, a fac simile thereof, in substance, is herewith presented.': Your Petitioners deny the right, or justice, of such scaleage system, or the act of repudiation of any portion of the bonds, or other liabilities held by them; and they do most solemnly protest against such measure, it being an usurpation of their just rights. They therefore are compelled to come to your Honorable Body, the representatives of the Government of the United States, on which Government alone can they rely, and to which alone they are forced to look, for a faithful discharge of the liabilities of the Republic of Texas. And they are of opinion, that their rights, if left at the disposal of the State of Texas, must be largely sacrificed; while they verily believe that no possible prospect exists, or ever will prevail, whereby justice will be meted out to them. They also believe, and with deference state, that no authority is vested in the State of Texas, to justify that State to sit in judgment on the liabilities of the Republic of Texas, in so far as touches the availability or sum realized by that Republic; inasmuch as such was not in controversy, or a point at issue between the Republic of Texas and her creditors. If there is an existing right, thus to reduce the sum of the A Appe ndix G. 14 claim of your Petitioners, it is a community right, and is vested alone in the confederacy. In relation to such repudiative doctrine, adopted by the constituted authorities of the State of Texas, as being unjustifiable, your Petitioners would beg leave to refer your Honorable Body to an Act passed by the Congress of the Republic of Texas, approved 5th February, 1840, a correct copy of which is herewith appended.* The stock certificates issued in lieu of the Treasury or promissory notes, designated by the Act referred to, are reduced by the authorities of the State of Texas to thirty cents in the dollar, bearing eight and ten per cent. interest on the reduced sum up to July 1st, 1850; while the same description of notes as those forming, in a large degree, the basis of said stock certificates, though not surrendered to the Republic of Texas for the purposes provided by the Act, are variously classed by the State authorities as available to the Republic at one hundred cents in the dollar, and at fifty cents in the dollar, with ten per cent. interest thereon, computed to 1st January, 1841, and also at the reducd sum of twenty-five cents in the dollar, on a very considerable amount, and bearing no interest whatever. Your Petitioners, in virtue of the Act above referred to, claim the consideration of most important principles, as having been established, to wit: First, that the Republic of Texas, during its existence, acknowledged the full indebtedness of its liabilities, aspromised and as issued, and that instead of repudiating any portion of the debt, the Congress of that Republic cdopted measures toprovide faithfully for full payment and interest thereon. * Appendix A. Second, that the adoption of such act declares the good faith preserved by the Republic toward the creditors, and that in consequence thereof, and the subsequent absorption of the nationality of the -Republic of Texas by the Government of the United States, the liabillity for the payment of the debt justly and irresistibly attaches to the latter Government. The authorities of the State of Texas, in the adoption of their repudiative measure, in contradistinction to the act of the Republic, commit a palpable infringement against the rights of your Petitioners, and violate a most sacred trust, inasmuch as they arrogantly attempt to reduce the sum of the just and true indebtedness, and surreptitiously thereby do they endeavor to convert, to the uses of the State, the means provided and intended, by the Congress of the United States, to be applied in the payment of the claims of your Petitioners. Your Petitioners would respectfully refer your Honorable Body to the Report of the Honorable Secretary of the Treasury, addressed to the President, bearing date 13th September, 1851. Said Report sets forth the particulars and character of the debt in detail, and also embraces the opinion of the Honorable Secretary touching the liability of the United States, for a large portion of the debt, and which has likewise received the sanction and concurrence of his Excellency the President; and in accordance thereto, his decision to that effect has issued from the Treasury Department, under date 15th September, 1851. The terms of the Act approved 9th September, 1850, and known as the Texas Boundary Bill, circumscribes the enquiry into the liability of the United States for only such part of the debt for the payment of which duties on " imports were specially pledged." Hence, the report of the Honorable Secretary, being in precise conformity to such requirement, embraces his opinion touching the liability of the United States for that specific character of indebtedness; and consequently the decision of the President, in like manner, is confined to the liability of the United States for the payment of only so much of the debt "for which duties on imports were specially pledged" for the redemption of, and, therefore, ot/er liabilities, equally as binding on the Government of the United States, are not embraced in that decision. Of the liabilities which are not embraced in the decision, as attaching to the Government of the United States, is that portion of the debt referred to in said report, under "Schedule C," created under "Act of 5th February, 1840," and known as " eight and ten per cent. Funded Debt." Some of your I'cetitioners are interested in this description of liability: having participated in the cause of the liberty of Texas sixteen, years ago, they then advanced means necessary to the wants of a people struggling for freedom; and thereby became creditors of that Republic, and were subsequently duly acknowledged as such. In the adjudication of their claims, they received the issues of the Republic, at their par or face value, in payment, at one hundred cents in the dollar. These evidences of liabilities they subsequently, and in consequence of inducements held out in the Act of 5th February, 1840, were induced to fund; accepting, in place thereof, stock certificates. Hence, that which was acetually invested sixteen years since, at the rate of one hundred cents in the dollar, and so adjudicated -by the Republic of Texas, is now, agreeable to the Auditorial Board of the State, redutced to thirty cents in the dollar. 17 Agrccabii to the Auditorial Report of Texas, it is audited as "First C(lass" claims, and, as such, is, with an inconsiderable exception, the only ortion of the debt which the Act* recently passed by that State provides for the payment of, at a reduced value, out of the five millions now in the control of the State. All such other portion of the "First Class" indebtedness, not ermbraced in the President's decision, is also provided for, but in.full, as well as immjnediate pCayment, out of the said means now in her possession. The Act of 5th February, 1840, not only established a par basis for all outstanding liabilities, but it likewise " held out inducements to the creditors to surrender a revenue currency and to taike one which could not be used in that way," though otherwise more desireable as an investment. The character of the liabilities, and the amount thereof thus surrendered, constituting that portion of the debt in question, are set forth and plainly indicated by the supplemental Report of the Auditorial Board, a copy of which is herewith appended.t Said Report fixes the basis of the liability referred to, as being composed of "Audited Paper" and "Treasury or Promissory Notes;" tho former of which, agreeable to the Report,j indicating the availability, is rated at one hundred cents in the dollar, and the latter variously rated at one hundred cents, fifty cents and twenty-five cents in the dollar, while the description of liability in question, ttough composed of said "Audited Paper" and " Treasury or ProGmissory NVotes," is reduced to thirty cents in the dollar. The act referred to' continued in force during the existence of the Republic, being then, by the Act of Annexation, extinguished, and the advrantages thereof alike destroyed and lost to your't! it';l;n'.S. l cn(r A uch circumstalns, land ona the in(tipiltable 18 ind sacred prinlciples herein set forth, the liability of the United States for the payment of this characater of indebtedness, attaches with equal force and justice, as does that portion of the debt for which "duties on imports were specially pledged." In view of these facts, your Petitioners respectfully invoke that they may be authorized, in accordance with the act passed by the Legislature of Texas for the payment of the reduced sum thereof; to accept from the State of Texas the sum proffered,,without prejudice to their claims against the United States for the balance due them, respectively, on account of such liability. By the Act of Annexation to the Government of the United States, every vestige of security has been virtually destroyed and lost to the creditors: the import duties have been diverted from their just and proper appropriation-the identity of a Sovereign Power annihilated, as well as the pledge of the Domain created by that Power for the payment of the debt. The appropriation of that Domain to the security of the creditors, and final payment of their claims, although solemnly renewed by the terms of Annexation, has been, by a direliction of legislative enactment, likewise rendered of no avail, and thereby lost to the creditors. And notwithstanding the Domain thus pledged, has, by the sale and transfer to the United States, changed ownership, the lien is unchanged, and the sacred pledge thereof for the payment of the debt still exists, but is utterly unavailing to the creditors, they having no possible recourse whereby they can enforce their rights. Your Petitioners would respectfully state that the terms of annexation, declaring that the Government of the United States should in no event become liable for the debt of the Republic of Texas, Awas both unauthorised by the law of nations, and unsupported by tile principles of moral jurisprudence. Neither did such decla 19 ration extinguish or abate the claim of your Petitioners as against the Government of the United States. For while they were not permitted. to participate, and were and are impotent, powerless, and in no wise capable of effecting redress, their claims, nevertheless, possess a sacred existence, founded on the principles of "Law and Equity," and must remain perpetual, unless disposed of in conformity to those cherished principles, governing the action of the Government of the United States, in the progressive developments of equal rights, and in the universal dispensation of those pure and holy ethics, so unequivocally claimed as the established principle of action. The sacred and immutable principles involved in the propositions herein presented, the intimate connection of those principles, existing and associated as they are with your meditations, inspires assurance of early action, and instils confidence in your Petitioners to centralize those principles forming the basis of their demands as against the Government of the United States, and constrains them to invoke your invaluable consideration in their claims growing out of the following fundamental truths: FIRST. —From the liability attaching to the United States on the settled principles established as the law of nations, to wit: The liability of the dominant nation, when it absorbs the nationality of another, for the payment of the existing indebtedness of the nation so absorbed. SECOND.-From the liability attaching to the United States, on the principles maintained in "Law and Equity," to wit: In having devoted to its own uses the fruits of a system of revenue, which was the subject matter pledged for the redemption of existing liabilities. THIRD. — From the liability attaching to the United States on )20 th3 fixed principles of jurisprudence governing thil action of all civilized governments, to wit: thle obligation, on the part of the purchaser of pledged property, to direct the positive applicas tion of the purchase money to the pledgees. FoURTrL-From the liability attaching to the United State~ on the overruling and most sacred principles of mornal obligation, to dispense justice and equal rights. Your Petitioners therefore solemnly invoke your consideration in the character of their claims as against the Government of the United States. And they likewise invoke that they may not be placed in the breach touching a question as pending between that Government and the State of Texas. They earnestly pray that they may be treated and dealt with in a manner corresponding to the high privilege they enjoy as creditors of tihe United States. With unbounded confidence have they ever relied, and never doubted but that the Government of the United States would take the necessary action in the question when occasion required. That occasion has now presented itself, and it is therefore to you, in your wise and scrupulous dispensations of justice, that your Petitioners look, with unmeasured confidence, for the restoration of their long dormant, but just and equitable rights. In consideration of these grave and momentous truths, your Petitioners appeal to your Honorable Body, confidently impressed with the belief that their prayer will be heard, and that they will be answered in accordance with their just demands; and they therefore, with implicit confidence, repose their rightful demands and interests with your Honorable Body, earnestly invoking your early action, and thereby relieving them from cares and struggles long supported in hope of relief. They ask to be heard from the justice of their cause, and they woldt ecck an asylum for their grievance, and a genial anll kindly remembrance in the abode of supreme wisdom and judgment. Their prayer is not of charity or of liberality, but of justice and of necessity; and they invoke your action that all things may be so ordered, and settled upon the best and surest foundation, that justice and judgment may be established, and through which the rights of your Petitioners may be restored. The importance to your Petitioners that these truths should receive the meditation of your HIonorable Body cannot be magnified; and in order to secure those meditations so vital to them, they have not lost sight of the vast importance of laying before your JIonorable Body, a distinct and truthful statement of facts pertaining to their grievance'; though in their prayer for relief your Petitioners would not seek the adoption of a measure at variance with the dictates of justice. Sedulously would they avoid approaching your Honorable Body unsupported in their prayer by the co-existence of justified and honorable endeavors and reasonable expectation, as motives of inducement to come before you, in whose wisdom and sense of justice they do, in unmeasured satisfaction, confide. R. W. W. ILBANK & Co. I. D. FULLER & CO. GARDNER, SAGER & Co. WARNEKEN & KIRCHHOFF, W. A. GASQUET. JNO. R. MARSHALL, ROBERT GEDDES. M. J. LIZARDI, By J.. DeEga MATEo LOPEZ, MANUEL DE LA QUINTANA. F. PUIG Y PUIG. C. PHILLIPI. NEW ORLEANS, February, 1852. APPENDICES. APPENDIX A. AN ACT To provide for the redemption of the promissory notes of the Government now in circulation, and for funding other liabilities of the Government. SEC. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas, in Congress' assembled, That the secretary of the treasury be, and he is hereby authorized and required, so soon as may be, to procure to be engraved or lithographed, as he may deem best, in order to prevent falsification, a sufficient number of certificates in blank, in such form and manner of wording as may best adapt them for the use of certificates of stock in the funded debt of Texas, to be transferable by simple endorsement, and for sums of one hundred, five hundred and one thousand dollars, causing the proportion of the smallest denominations severally to exceed that of the largest. SEc. 2. Be it further enacted, That all sums of the promissory notes of this Government in circulation, which shall be presented to the stock commissioner prior to the first day of July next ensuing, (if in sums to suit the denominations of the certificates,) 24 shall be admitted for funding, and certificates of stock, as before provided; shall be issuedto the holder or holders of such pro missory notes for the amounts so presented, which certificates so issued shall bear on the face of them an annual rate of interest of 10 per cent. payable semi-annually in gold or silver, at the Treasury department, to the holder thereof; the first payment of interest to be made on the 15th day of December next, and said certificates shall be made redeemable at the pleasure of this Government after the 30th day of June, 1845. SEC. 3. Be it further enacted, that all other liabilities of the Government, which may have been properly and regularly audited, shall be admitted for funding, and certificates for the same shall be issued by the Stock Commissioner, bearing the:same rate of interest of ten per cent., and payable semi-annually, in gold or silver, the first payment -of interest to be made on the first day of March, 1841, and also redeemable at the pleasure of the Government, as provided in the foregoing section.:SEc. 4. Be it further enacted, from and after the first day of July next ensuing, the promissory notes of the Government which may be presented for funding shall only be entitled to receive, from the Stock Commissioner certificates of stock bearing a rate of interest of eight per centum per annum, interest payable semi-annually, in gold or silver, the first payment of interest to be made on the 15th day of April, 1841, and refleemable in the manner provided in the second section of this Act. SEC. 5. Be it further enacted, that it shall be the duty of the Stock Commissioner to keep such books of record and account as the Secretary of the Treasury may direct, besides making and preserving proper files of till vouchers and evidences of debt which;nay be presented for funding, and also a book in which all persons who may fund promissory notes, or other liabilities of the ~Governiment, shall subscribe his, her or their names and proper -anclusual signatures, opposite to the recorded nunmbers of the'certificates -of stock avj'icih h-e, she or theySn may haasve issued.to 25 themll and receive fiom the Stock Commissioners; and which books shall only be subject to the inspection of the Secretary of the Treasury and the Treasurer. SEC. 6. Be it further enacted, that so much of all previous laws which have been enacted, as in their provisions conflict with this, be, and the same are hereby, repealed. D. S. KAUFMAN, Speaker2 of the HIouse of lReplresentatives. D. G. BURNET, President of the Senate. Appl-oved 5th February, 1840. M. B. LAMiAR. APPENDIX 13. AN ACT To provide for ascertaining the debt of the late Republie of'Texas. Sec. 1. Be it enacted by the Legislature of the State of Texas, That the Auditor and Comptroller of Public Accounts, as soon as practicable after the passage of this act, shall cause six months' notice to be given, by publication in some newspaper published weekly in the city of Austin, New Orleans, Washington City and New York, requiring all persons having any claim or demand for money against the late Republic of Texas, to present the same to the Auditor and Comptroller of Public Accounts, on or before the second Monday in November, 1849; and all claims that shall not be presented on or before that time shall be postponed. SEC. 2. That it shall be the duty of the Auditor and Comptroller jointly to receipt, under their seals of office, for all claims presented to them, setting forth the par value thereof, at the time the samie accrued, or were issued, the name of the person to whom the debt accrued, the date and aimount thereof. Thue A 206 Auditor and Comptroller shall each keep a correct list, in books kept for that purpose, separately. First. The audited or ascertained claims; such as stock bonds, treasury notes, military scrip, or any other audited or ascertained claim. Second. All claims with sufficient evidences and vouchers to authorize them to audit, under the late Republic of Tcxas. Thirdly. Such claims as are not sufficiently authenticated by vouchers. It is hereby made the duty of the Auditor and Comptroller to report to the next,session of the Legislature, for its action. SEC. 3. That it shall be the duty of the Comptroller and Auditor jointly to report to the next biennial session of the Legislature, for final adjustment, the whole amount and character of the public debt ascertained, according to the provision of thlis act, together with such suggestions concerning the same, as they may think just and proper; and they slhall likewise report, scemiannually, from the 1st of May, 1848, to the Governor, the amount and character of claims presented and filed in their office; and it shall be the duty of the Governor to cause a synopsis of the report to be printed in some nc\wspaper at the seat of Government in the State. SEC. 4. That it shall be the duty of the Auditor and Coim-'; troller of Public Accounts to classify all claims presented undcei the provisions of this Act, reducing the same to the act tal par value which may have been realized by the late Repulblic, e;nil may report such furthlier classification as they ilay deem best calculated to preserve the rights of the State, and to do equity to the holders of the claims; and the classification and rate of payment recommended by the Auditor and Comptroller shall be subject to the revision, amendment and ratification of the next Legislature, and that this Act tIke effect from.,and after its pas-pprove(l Mart1ch 20, 184:-, iPPEND X AN ACT To extend the provisions of an act, entitled "An act to provide for ascertaining the debt of the late Republic of Texas," approved March 20, 1848. SEc. 1. Be it enacted, by the Legislature of the State of Texas, That the time within which it shall be necessary for the creditors of the late Republic of Texas to present their claims for money to the Auditor and Comptroller be, anCi the same is hereby, extended to the first Monday in September, in the year eighteen hundred and fifty-one, and all claims not presented by that time shall be barred. SEc. 2. Be it further enacted, That the Auditor and Comptroller shall immediately cause a notice of this extension to be published, for three months, in some weekly newspaper printed in Austin, and, in other respects, the said officers shall be required to perform the same duties as heretofore, in the manner contemplated in the law to which this is a supplement. SEC. 3. Be it further enacted, That this act take effect and )be in force from its passage. Approved February 8th, 1850 APIP ENNDIX 1). AUD I'01OIAL REPORT ON THE PUBLIC DEBT OF TEXAS, JOINT REPORT. AUSTIN, November 12, 1851. To the Honorable Legislature of the State of Texas: In conformity to the requirements of "An act to provide for ascertaining the debt of the late Republic of Texas," approved 20th March, 1848, and the act supplementary thereto, approved February 8th, 1850, we respectfully submit the following report, exhibiting the amount, character and classification of the claims filed and receipted for by us, under the provisions of said acts: FIRST CLASS, Consisting of Audited or Ascertained Claims. Character of Liabilities receipted for. J Ostensible. Rate Par Value. 1. Ten per cent. Consolidated Fund, created by Act of 7th June, 1837, $632,526 80 at 70 $442,768 76 2. Ten per cent. Consolidat- cts. ed Fund, created by Act of 7th June, 1837, issued under an Act for the relief of Swartwout and others, - - - - 7,970 43 1 00,970 43 Am't carried forward, - e640,497 2YS $450,739 19 C ch terf u.t I':ilities roceilptd or eal ibOc j Vt5 fi- ]; I alTI Am't bro't forward 6407 50,78 - 1 3. Ten per cent. fiundcd debt, created by Act oft 5th February, 1840, 754,000 00 at30 226,200 00 Lt, Eight per cent. fundedl cts. debt, created by Act of 5th February, 1840, - 24,280 00 30 7,284 00 5. Eight per cent. Treasury Bonds, created by Act of 5th February, 1840, 766,800 00 20 153,360 00 ti. Ten per cent. Treasury Notes, issued under Act of 9th June, 1837-first issue, 41 - l 0 00 1 00 41,630 00( 7. Ten per cent. Treasury Notes, issued under Act of 9th June, 1837-sccond issue, - 331,371 00 5O 165,685 50 8. Treasury Notes, without interest, issued under Act of 19th January, 1839-third issue, - - 1,828,192 00 25 457,048 00 9. Audited paper, issued under various enactments, 74,441 26 vrs. i 9,451 52 10. Miscellaneous liabilities 42,387 73 1 00 422387 73 11. Ten per cent. Bonds, issued by Com'srs to ne- gotiate a loan for,S5,000,000, viz i For loan obtained from|' Bank United States, I 45738i$ )0 1 400,000 00i:For purchase of steamer Zavala 195,907 00 50 97,953 50 For purchase of Naval vessels, under contract -witii F. Dawson, now ownced by James Schott and E., D.YWhitnrey7 - - - 280I 000 OO 5i; 1402000? Am't carried fo.rwl,rd, 23.43GP 88 22 %4' 4 Claracter of Liabilities receipted for. - Ostensible, lato | Par Value. Ain't bro't forward, $5,436,886 22 $2,251,739 44 12. Interest on the above liabilities, subject to interest as stated in the face of the certificates, 2,927,365 50 v'rs. 1,468,185 26 13. Additional interest to 1st July,1850,allowed by $8,364,251 72 $3,719,914 70 Act approved 11th February, 1850, on claims which had been audited prior to its passage, - 239,139 06 v'rs. 113,664 80 Total ain't filed of 1st Class, including interest due thereon to 1st July,1850, $8,603,-390 78' $3,833,579 50 Less amount redeemed by issue of Land Scrip, - 16,257 86 1 00 16,257 86 Total ain't 1st Class debt, filed and unredeemed, - $8,587,131 92, $3,817,321 64 SECOND CLASS, Consisting of Claims sueciently authenticated to admit them to Audit, under the laws of the late Republic. Character of Liabilities receipted for. stenil. t Par Vatue.,. - A, A-,., <,.,, An,,"'~Ira Value,. 14. Amount filed and re- 755,218 05 $682,672 57 ceipted for - - 15. Am't filed and receipted for, as Third Class claim, since recognized, - - 16,467 95 16,467 95 16. Am't audited by special Acts of the Legislature, 72,077 28 72,077 28 Estimated amount on file, not acted on, - - - 125,000 00 125,000 00 Less amount redeemed by -_ -: the issue of Land Script, $968,763 28 $896,217 80 and in payment of Revenue that accrued under the late Repnblic, - - 6,318 16 3,450 17 Total ame-ount of' Secondi I —- - Cta.ss debit Hfi-ld, 196,44 5 12 $892,767 63 Consistingz fjJ (ltqauli not sutjiciently authenmticatcd to auctho'it.z theirl being Audited, under the laws of the late Replublic. Character of Liabilities receipted for. Oslelsible, Rate Par Value. Amount filed and receipted for, less 816,467 95, re-1 cognized and included in preceding statement of i Second Class claims, - 47,675 10: 47,675 10 Estimated amount on file, not acted on, - - - 50,000 00 50,000 00 Total amount, Third Class, _ filed, 8 97,675 10,; 97,675 1 0 RECAPITULATION. Ostensible amount, Par Value. Amount of 1st Class, -;8,587,132 92 - - $3,817,321 54 Amount of 2d Class, - - 962,445 12 - - - 892,767 63 Amount of 3d Class, - - 97,675 10 - - - 97,675,10 Totals, - - - 9,647,253 14 - - 84,807,764 37 From the foregoing statement, it will be perceived that the entire amount of claims filed, including interest on all liabilities stipulated to bear interest, amounts to nine millions six hundred and forty-seven thousand two hundred and fifty-threo dollars fourteen cents; and, according to the value we have assigned them, they were worth to the Government four millions eight hundred and seven thousand seven hundred and sixty-four dollars thirty-seven cents. As nothing has occurred since our report of 27th December, 1849, to induce a change in our opinions respecting the rule which governed u-u in assigning art equivalent value to each class of lilabilities filed, w\e will repeat the sublstanlce of thie remilarks inl said report, as tile reason; whliChll gueiled us iln thle 1lis chargl(.1 of tliat part of our official duty. TREASURY NOTES.'The first issue of this character of indlebtcdneles is known as the printed interest notes. They were put in circulation during the fall and winter of 1837, for a temporary purpose, and until the englraved notes could be procured: as soon as they were received, the further issue and re-issue of the former ceased. This occurred before any perceptible depreciation had taken place, and it was the usage of the Department to cancel them as they were received. Hence, the Government, for this class of liability, received full consideration, and we have so rated it. To the engraved interest notes, we have assigned an average value of 50 cents on the dollar. These notes were issued undler the provisions of the same act that the printed bills were, and took their place. About the time of the first issue of these notes (the spring of 1838), this species of the government paper commenced depreciating in value, so that when the act of 19th of January, 1839, prohibiting their further issue, went into operation, they were worth but about 40 cents on the dollar. To the treasury notes not bearing interest, generally known as Red Backs, we have assigned an average value of 25 cents on the dollar. These notes superceded the engraved interest notes above referred to, and the first issue of them was made luring the spring of 1839, when tley were worth about 3-17 cents on the dollar. They continued depreciating, so that in 1841, the Government was compelled to pay them out at from 12 to 15 cents on the dollar. The value which we have givenl them is conceived to be equitable, as an average, both to the Government and the holders. It is impossible to a sccrtatin, fi'om the date of the issue of these bills, as shown on the face, what they were worth when last paid out. For instance, a 1bill issuefd 34 in P9 at, it;lv 37-l cents on the dollarl atnd after bavlino been. returned to the trefaslry, in collection of revenue, may have beell re-is:3ued the year following at 25 cents on the dollar, land so on; and in 1841, when it may have been last paid out at one-eighth of its ostensible value. CONSOLIDATED FUN1DED DEBT OF 7TH JUNE, 1837. The stock known by this title was issued under the provisions of aIn act of Congress, approved June 7th, 1837, and, could it be analysed, would be subject to the greatest variety of equivalent rates. We found it impracticable to refer, in each instance, to the original record, to ascertain at what rate each claim had been audited, for which this stock was issued. Even had, o0 could we have done so, we would have failed to a great extent in acquiring this information, for the reason that the Government, for a long time, would not acknowledge any discount on tiher paper; and the result was, that accounts were made out, augmented in amount, so as to make good the deficit in the i:liuc of the currency. Hence, the only practicable mode which sulggested itself, was to make an average of what the stock availed the Government; which we accordingly did, and assigned to it a value of 70 cents on the dollar. It is believed that this average is about what the Government received in the main, and will, with a few exceptions (which will be alluded to hereafter), fully remunerate the present holders, as it is now generally in the hands of third parties, who, in most instances,,Cllcquired it at a much less value from the original investor than Jiat w assinSie1C( it 35 EIIIGT AND TEN PER CENT. FUNDED DEBT OF 5TE FEBRUARY, 1840. We have assigned to this class of securities an average value of 30 cents on the dollar. This stock was issued under the authority of an act of Congress, approved February 5th, 1840, and was created for the purpose of withdrawing and lessening the amount of revenue currency then in circulation, with a view of enhancing the value of the residue. The inducements held out to the creditors to surrender a revenue cutrrency, and to take one which could rot be used in that way, was the promise of the Government to pay the stipulated interest semi-annually in 6Tecie; which, is well known, she was untable to do. The value attached to this stock may act onerously on some holders, but it will fully remunerate a large majority. It would be much more difficult in this fund than any other, to ascertain the exact value the Government received for the investments in it, as it is composed of interest notes, red backs and audited paper. EIGHT PER CENT. TREASURY BONDS. Twenty cents on the dollar is the average equivalent value assigned this class of the Government paper. These bonds were issued to supercede, to some extent, and take the place of treasury notes. There is less danger of individual hardship growing out of the assignment of an average equivalent value to these bonds, than that of any other of tlihe Govelrlnent securities; they were seldom ever issued at more than 25 cents on the dollar, and rarely less than 15 cents on the dlollar. The value assigned them is deemed equitable. AUDITED PAPER, VW hen issued at par, has been allowedl accoidingly when less than par, a corresponding deduction has been nmad de the records and vouchers showing the rate at which it was audite-d -J T, —,1,-i,-til l] t0.. Potit-V!:.f 1In the first class, are included the bonds issued to the Bank of the United States for a loan of $400,000, obtained firom that institution in the year 1839; also, the claim of James HIolford and associates, for the purchase of the steamer Zavala. A value corresponding to what the Government actually received has been assigned to each. Since our last report, Messrs. James Schott and E. D. Whitney have filed thir claims, composed of olne of the bonds issued to Frederick Dawson, of Baltimore, in payment for the navy. These gentlemen, although not known in the contract, are acknowledged by iMr. Dawson to have been equally interested in that transaction; and the readiness manifested in aiding the cause of Texas, by undertaking and carrying out a contract requiring a large pecuniary outlay, at a time when the public credit was at an exceeding low stage, procured for the contractors the commendation of the late Republic. In assigning to this claim 50 cents on the dollar, as the value received by the Governmlent, vwe have been governed by the law making the appropriation, and the contract entered into by the agent of the Government and IMr. Dawson. This contract, subsequently recognized by legislative enactment' (a copy of which accompalies), stipulates the price of the vessels at $280,000; to secure tihe payment of which, two bonds of the Republic, for 8280,000 each, were (leposited with tlhe President of the Girard Bank at Philadelphia, waitl the understanding that they could be redeemed at the end of twelve months, by the payment of $280,000,and ten per cent. interest on tIhe two bonds; otherwise, the said bonds to become the property of Mr. Dawson. The Government was unable to meet the payment at the time specified, and the i'resident of the Bank, according to instructions, delivered thle bonlds, amounting to 0560,000, to IMr. Dawson. We accoimpany thlis statement with a communication from Messrs. Schott and \lhitlcey, explanatory of their claim, which is marked l."' I-t ma l be proptel to rc'mmltllhrk, thill tlie term-l i: i thie i ontract t'tN>OL'O rf >'nI1X;'N' 5llCi H~')Al:''l1-1 -i~ll't{,e~',to 9Z: tile puIrchlase of the steamier Zavala, are similar to that cntereI into with Mr. Dawson. In the average value assigned to the consolidated fund of 7th June, 1837, there came to our knowledge a few cases of hardship, where the Government had received full consideration for the original obligation, which had been converted into this fund, and yet owned by the original investor. Had we departed from the rate Awe had assigned to this or any other character of liability in one instance, no matter how justifiable, others, not possessing the same merit, would have claimed it; and the consequence would have been, that but few claimants would have benI satisfied with any other classification than that of par. For this reason, we determined, in all instances, to adhere to the rate affixed to each class, and report such cases of hardship as might arise to the Legislature, in order that such relief may be awarded in the premises as appears to be just. We therefore accompany this report with a statement marked "C," of such cases, and hope the same will receive your favorable consideration. In this connection, we refer you to the communication of Dr. John W. King, upon the subject of his claiim, which is enclosed in the statement last named. On the liabilities stipulated to bear interest, we have calculated it from the date of last payment to the 1st of July, 1850, in accordance with an act approved February 11th, 1850, except the interest treasury notes, on which we have allowed interest to the 1st of January, 1841; as all h3lders of this character of notes were required to fund them by that time, and the appropriation for the further payment of interest on said notes was cancelled. It may be proper to remark, that we have attached the salmec value to the interest which had accrued on the several classes of liabilities that we attache(l to the liablitics themselves. 38 TEIE SECOND CLASS Is composed of claims against the late Republic of Texas'which had not previously been audited, but contracted under the sanction of law. We have assigned to this class of claims, as we did to the first class, an equivalent value proportionate to what each claim availed the Government in gold and silver, as'far as it was in our power to do. Owing to the large number of claims filed, immediately preceding the expiration of the law under which we acted, we have been unable to complete the examination ahd registration of the second and third classes. We have, therefore, ascertained, as nearly as practicable, the amount of unexamined claims filed, and report them in bulk. THIRD CLASS. This class is composed of claims, for the auditing of which the existing laws have made no provision, or where the proof is insufficient. In it, however, are many meritorious claims, which will require special legislation to place them on the same footing with valid and authorized claims against the Government. - A number of claims have been filed for losses sustained daring the revolution and subsequent irnvasions, being caused by the destruction of property by our own army and that of the enemy. On this character of claims, we have declined taking -any action; informing the claimants that the same would be referred to the Legislature, for their consideration and action thereon. These claims, numbered from 1 to 71, amounting to $426,314 03, will be found accompanying, marked "D." It-is n'ecessary that some mode of assignment of the certificates of indebtedness issued should-be prescribed by law. We have audited the claims of those who performed military service, where the needful evidence was on file, regardless of any application of the claimants holding the certificate, subject to his order, or that of his legal representative: as many of these parties are now deceased, the proceeds of these claims should inure to the benefit of the heirs of the deceased; we therefore respectfully recommend the enactment of the necessary law to protect the rights of the widows and orphans oof tihose who may have fallen in the defence of the country, by prescribing the necessary regulations to prevent persons from administering for the purposes of speculation. A law of this character was. enacted by the Congress of the late Republic, for the protection of the estates of deceased soldiers of the Georgia Battalion. [See article 1053, Hartley's Digest]. Statements of several claims that would come under the 2d class were presented within the term of limitation, but unaccompanied with the needful proof. This the claimants, not being able to procure before the expiration of the limit, desire the privilege of producing hereafter. The statements have been filed, l)ut could not be acted on; and it may be a subject worthy of consideration, whether additional time should not be allowed for the presentation of testimony in such cases, if a general extension of the limit be not granted. Sup!pios'ng that all the claims against the late Government, as shown by the official records, including the amount of supposed unaudited claims outstanding, had been filed as required by law, and assigning each class of those not filed the same equivalent value we have to those filed, the debt would then be as follows: OSTENSIBLE. PAIl. C-la1 imlS l O-f ri all tescriptionls, indin clugi- interest, as before stated, - -9,647,253 14 84,807,764 37 Claims not filed, of all descriptions, including interest, - - 2,789,738 20 2,019,514 27 Total debt, with interest, including the amount filed and unfiled, - - - 12 436,991 34 6,827,27,8 64 40 All of which will more fully appear by reference to tlhu accompanying statement marked " A." Accompanying this report, is a register of the several claims acted on by us, which we respectfully request may be returned when it shall no longer be required by your Honorable Body. JNO. M. SWISHER, Auditor. JAMES B. SHAW, Comptroller. AP]PENDIX E. AN ACT:< Confirming the action of the Auditor and Gonmptroller under tlhc oprovisions of an~ Act of the Legislature of the State of Texas, providing for aseertaining the debt of the late 1eCpup)lite of Texas, ap2))roved M-arch, 20th, 1848, and the Act supplulemlentary thereto, approved February 5th, 1850. Be it enacted by the Legislature of the State of TexaG, That the rate of payment and classification assigned to each character of liabilities of the late Republic of Texas, by the Auditor and Comptroller, under the provisions of an Act of the Legislature, approved March 20th, 1848, entitled an Act "to provide.for ascertaining the debt of the late Republic of Texas," and the Act supplementary thereto, approved February 5th, 1850, as reported by them to the Legislature, in their report, of date November the 12th, A. D.1851, be, and the same is hereby, recognized and adopted by the State of Texas, and the value assigned to each class of liabilities by said officers, in their report aforesaid, is what the State of Texas recognizes as due to the respective claimants. * Vetoed by the Governor, and subseqcently passed by a constitutional majority of cach branch of the Legislature. 1" PP EN' 1)I [ AN ACT Providing for the Liquidation and Payment of the Debt of the late Republic of Texas. SEc. 1. Be it enacted by the Legislature of the State of Texas, That two millions of dollars of bonds of. the indemnity due the State of Texas, and now at her disposal, for the sale to the United States of a portion of her north-western territory, under the provisions of an act of Congress, proposing to the-State of Texas the establishment of her northern and western boundaries, etc., approved September 9th, 1850, are hereby appropriated for the payment of that portion of the debt of the late Republic of Texas embraced in articles third, fourth, ninth, tenth, fourteenth, fifteenth and sixteenth, ard interest which may have accrued thereon, in cludedin articles twelfth and thirteenth of this section,. which debt has been submitted for adjustment to the Auditor and Comptrollhr of the State, under the provisions of an! act to provide for ascertaining the debt of the late Republic of Texas, approved March 20th, A. D. 1848, and an act supplementary thereto, approved February 8th, A. D. 1850, and reported by them to the Legislature in their report of November 12th, 1851, as follows: First-For ten per cent. "Consolidated Fund," created by act of 7th June, 1837, - - - $442,768 76 NS'econd-For ten per cent. " Consolidated Fund," created by act of 7th June, 1837, issued under an act for the relief of Swartwout and others, 7,970 43 Third —For ten per cent. "Funded Debt,' created by act of 5th February, 1840, - - - - 226,200 00 42 Fourth —For eight per cent. "Funded Debt,"' cre ated by act of 5th February, 1840,. - - 7,284 00 Fifth-For eight per cent. "Treasury Bonds,' created by act of 5th February, 1840, - - 153,860 00 Sixthl. —For ten per cent. "Treasury Notes," issued under act of June 9th, 1837-first issue, 41,630 00 Seventh-For ten per cent. "Treasury Notes," issued under act of 9th of June, 1837-second issue, - - - - - - - - 165,685 50 EqlAth-For "Treasury Notes," without interest, issued under act of 19th January 1839-third issue, - - - - - - - - - - - - - 457,048 00 Ninth-For "Audited Paper," issued under various enactments, - 69,451 52 Tenth-For Miscellaneous liabilities,* - - - 26,129 87 -Eleventh —For Ten per cent. Bonds, issued by Commissioners to negotiate a loan for $5,-000,000, viz: For loan obtained from Bank United States, 400,000 00 For purchase of steamer Zavala, - - - - 90,014 84 For purchase of naval vessels, under contract with F. Dawson, now owned by Jamles Schott and E. D. Whitney, 140,000 00 Twelfth —For Interest on the above liabilities, issued subject to interest as stated in the face of the certificates, 1,468,185 26 Thirteenth-For Additional interest to 1st July, 1850, allowed by Act approved 11th February, 1850, on claims which had been audited prior to its passage, - - - - 113,664 80'ourtcentlh-For amount filed and receipted for as second class debt,* - - - - 679,222 40 Fifteenth-For amount filed and receipted for as third class, since recognized as second class, 16,467 95 - Oriinal aimounts reduced, respecti.vely,, 16,257 86 and $53,450 17, by the issue of land scripin lieu thereof. 43 Sixtecctti-Flor amount au(lited by special iAct uo' the Legislature, seventy-two thousand and seventy-seven dollars twenty-eihgt cents-less thirty-eight th':usand and fifty-three dollars and seventy-three cents, amount acknowledged by joint resolution, approved March 15, 1848, 34,023 55 SEC. 2. That the disbursements herein provided for, shall be made in the bonds or stock of indemnity alluded to in the first section of this act, or the proceeds thlreof, by the Treasurer of this State upon the certificates of indebtedness, issued by the Auditor and Comptroller under the provisions of the laws above named; and in all other respects the said Treasurer shall be governed by the laws regulating the payment of money out of the State treasury; and the Comptroller of Public Accounts for the State of Texas is hereby authorised to transfer a sufficient amount of said stock, when the transfer shall be necessary, by simple endorsement, attested by his seal of office, to be countersigned by the Treasurer of the State, which transfer shall divest the State of all interest in such bonds or stock, and invest the same in the holder thereof. Provided, that payment shall be made on any claim against the State included in or forming a part of articles first, second, fifth, sixth, seventh, eighth and eleventh; or for interest which may lhave accrued thereon, included in articles twelfth and thirteenth, in the first section of this act. When the Governor of this State shall be notified by the President of the United States, that the Secretary of the Treasury of the United States has been required by law to issue to the State of Texas the five millions of dollars of stock withheld under the provisions of said act, approved September 9th, 1850, until certain creditors shall have filed releases at the Treasury of the United States, as therein required; or that said Secretary has been required by law to issue to the State of Texas sums of said stock, equal to the sums for which the State may at any time present the required releases from any portion,of said creditors, at the Treasury of the United States; after -44 which notice, such claimls shall bei t povLi( as p'o\'ided for it otheri cases; and upon payment of the same, or any portion of said claims, the corresponding amount of bonds of the reserved five millions, which the State may be entitled to receive under the proviso of this section, shall be drawn for by the Comptroller, and deposited in the Treasury of the State, and shall be rcgulated and transferred in the same manner as provided for other bonds, and together with the surplus left of the appropriation named in the first section of this act, after payment of the sums to whicn it is to be applied, appropriated for and paid out only upon the claims embraced in articles first, second, fifth, sixth, seven, eighth, eleventh, twelfth and thirteenth of this act. Sec. 3. That it shall be the duty of the Comptroller, immediately after the passage of this act, to forward to the Secretary of the Treasury of the United States, a schedule of the names of the creditors, for the payment of whose claims conditional provision is made by the second section of this act, stating the amount to which each creditor is entitled. SEC. 4.. That before the payment of any of the claims provided for by this act, the claimant shall be required to sign a receipt for the State of Texas, that the amount so received is in full liquidation and payment of the claim or claims so presented; and also a release exonerating the United States from the same -said release to be in form as required by the Secretary of the Treasury, and approved by the President of the United States, for releases under said act, approved September 9th, 1850, and that this act be in force from its passage. Approved January 31st, 1852, A 1P 1'PTENDI X G. QW2'6G-Ji7,.'< C- _ _et__.x UA- -- - -I~ 1St Class.,211< 3L oj2 0k )'99959RQO9 RgkR s2RRiRR RRRRR@w i t~gt-c~c->t: 5 5 55 5 5665 UIET66660b -6-66666 6-6rvo.0 org'Vo; ~~-~1~8f~OF THE LATE Cx- eJ- O ~Ts~t C1~3~- o - ame/l~~::~~: 4 4~~~~~~~~~~~~~~~~~C~~~~~~CC Yg~~~g,/ 1?x z Im e ~U 443 OM_ _ _ _* C? -1611; el tw e (456Y1w eX614-' ~ead i$cvaz 6/ J(~ /':t WI;G d) ->*": t~iph, cln z / 0< 3 — o 3 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -a D+ (I -- >C W X)~ ~ ~ ~ ~~~~~~Hr folw ecito fth iblt urneeand v aX refeence to@rg tha Actg authoisin thee issue tbee 99v&>_~t >~ toCi t t ^ tR ai 2 -2+>42~~ 61! i/e 46199/ 4.f11'W, eyU61~/4 ___________________________ gg\'-g~,>c~?jR-" G o f-<7i W 28~ ~ ~ ~ ~ ~ ~ ~~~~f >$$t1li1 iOf G.e /7z' 4eu<4 46 621 4961 atU6/61d *16 6661 < __4>[42a 67 v96ce, f @t6An I/e~~ _________________ ct> s;7 4-. a -F>sfir49 —8' -WtComptroller-. ------- — =- = X —. --- * Here follows a descrip~tion of the liability surrendered, andl a. referencze to thoe Act autliori sing tho> issule thesrcoff. 45 APPENDIX H, DOCUMENT A. ACCOMPANYING THE REPORT OF THE AUDITOR AND COMPTROLLER ON THE PUBLIC DEBT. STATEMENT of the Debt of the late Republic of Texas, exhibiting the original amount thereof, the portion redeemed, and the balance outstanding, after deducting the amount filed with the Auditor and Comptroller to the 1st of September, 1851, under the provisions of the Act approved March 20th, 1846, " to ascertain the debt of the late Rep2thlic of Texas." AUDITED DRAFTS. Amount of Audited Drafts issued by the Auditorial Department, from the organization of the Government to the 19th February, 1846, exclusive of those issued under the exchequer system, $7,674,802 04 Amount carried forward, - $7,674,802 04 46 Amount brought forward, $7,674,802 04 Amount of Drafts issued by the General Council for the years 1835 and 1836, 6,980 06 Amount of Stock issued to Swartwout and others, under special law, - 13,948 32 Amount of Stock issued in redemption of Land Scrip, - 66,400 00 Amount audited in favor- of sundry persons, at the second session of the Legislature, - 72,077 15 $7,834,207 57 From the above, the following deductions are to be made: Amount paid at the Treasury, 5,985,131 21 Amount paid into the Treasury, received in the collection of Revenue and cancelled, 489,804 -76 Amount paid into the Treasury, received in the collection of Revenue and destroyed, - 149,256 39 Amount invested in the 10 per cent. Fund created by Act of June 7th, 1837, - - - 835,500 00 Amount invested in the 10 per cent. Fund created by Act of the 5th February, 1840, - 46,600 00 7,505,292 36 LESS the amount filed with the Auditor and Comptroller, 328,915 21 Including the amount audited at the second session of the Legislature, - - - 1 46,518 41 Balance of Audited Paper out. standing, 182,396 80 47 TREASURY NOTES. Amount issued at different times and deposited in the Treasury for disbursement, - - $4,717,939 00 From the above, the following deductions are to be made: Amount redeemed at the Treasury and cancelled, - - 772,439 00 Amount invested in the 10 per cent. Stock created by act of February 5th, 1840, - - 777,080 00 Amount invested in the 8 per c't Stock created by act Qf 5th February, 1840, - - - 22,800 00 Amount received in collection of the revenue and destroyed, - 518,324 00 Amount due by Collectors and likely to be paid over, including the probable amount to be received from Land Dues and Patents, - - - 129,750 00 - --- - 2,220,393 00 $2,497,546 00 LEsS, amount filed with the Auditor and Comptroller,.. 2,201,193 00 Balance of Treasury Notes outstanding,. 296,353 00 EIGHT PER CENT. TREASURY BONDS. Amount issued of this description of liabilities, 849,900 00 Amount received in collection of the Revenue and destroyed, 41,200 00 LESS amount filed with the - 808,700 00 Auditor and Comptroller,. 766,800 00 Balance of the eight per cent. Treasury Bonds outstanding, 41,900 00 48 "FUNDED DEBT." TEN PER CENT. CONSOLIDATED STOCK. Amount issued of the 10 per c't Consolidated Stock for the redemption of Audited Drafts under an act approved 7th June, 1837,.. 757,151 68 -From which should he deducted the following: Amount redeemed by issuing Land Scrip, and destroyed,. 1,500 00 755,651 68 A1)D amount of Stock of the character issued to Swartwout and others, 1.. 13,948 32 ADD amount issued in liquidation of Land Scrip, 66,400 00 Liass amount received in collec- 836,000 00 tion of Revenue,. 10,000 00 LEsS amount filed with the Auditor and Comptroller,. 632,526 80 642,526 80 Balance outstanding of the Consolidated Fund,... 193,473 20 TEN PER CENT. STOCK, CREATED BY ACT OF FIFTH FEBRUARY) 1840. Amount issued of this character of Stock, for the redemption of Treasury Notes and Audited Paper,. 813,800 00 From whieh the followinr deduction should be made: Amount redeemed by issuing Land Scrip,. 1,400 00 LESS amount filed with the Au- - 812,400 00 ditor and Comptroller,. 754,000 00 Balance of 10 per cent. Stock outstanding, 58,400 09 49 EIGHT PER CENT. STOCK, OF 5TH FEBRUARY, 1840. Amount issued, of this character of Stock, for the redemption of Treasury Notes, - - - 27,080 00 Less amount filed with the Auditor and Compt., 24,280 00 Balance of 8 per cent. Stock outstanding, 2,800 00 "MISCELLANEOUS DEBTS." Amount borrowed from the United States Bank, for which Sterling Bonds were issued, - 457,380 00 Amount filed with the Auditor and Comptroller, 457,380 00 Amount claimed by James Holford for the purchase of the Steamer, - - - 195,907 00 Amount filed with the Auditor andComptroller, 195,907 00 Amount claimed by F. Dawso