Telegraph and Texas Register (San Felipe de Austin [i.e. San Felipe], Tex.), Vol. 1, No. 21, Ed. 1, Thursday, March 24, 1836

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duties so required of liim by this act, ho
shall be fined the sura of two hundred dollars,
to be collected by the order of any civil officer,
by distress and sale of his property forthwith.
Sec. 11. Be it ordained by the authority
aforesaid', That in case of death, resignation,
or other vacation of said office, the highest
civil officer in the district or county, or juris-
diction, shall discharge the duties until the
appointment shall be filled by the executive
officer of the government, who shall have
full power to fill the same.
Sec. 12. Be it ordained by the authority
aforesaid, That when any requisition is made
on any district, county, or jurisdiction, for
a certain number of men, the citizens of the
same shall be at full liberty to volunteer their
services for the time required; and that
when they so volunteer and sen e, they shall
be exempt from further service until their
time arrives, in the same manner as if they
had been drafted.
Sec. 13. Be it ordained by the authority
aforesaid, That whenever a regiment, bat-
talion, or company, present themselves to
the authorities of the republic, they shall be
received into the service, for any term not
less than three months, or longer than the
continuance of the war, on the same condi-
tions as others, and shall have the officers
their numbers entitle them to, according to
the laws, commissioned by the executive of
the republic, whenever said officers shall
produce satisfactory evidence of the election
by the volunteers entering the service.
Sec. 14. Be it ordained by the authority
aforesaid, That all acting judges, post mas-
ters, and executive officers of the govern-
ment, together with those appointed to regis
ter the names, shall be exempted from mili
tia duty.
Sec. 15. Be it ordained by the authority
aforesaid, That the pay, allowance, and ra-
tions of the militia shall be the same as here-
tofore established by the existing laws and
ordinances on that subject.
Sec. 16. Be it ordained by the authority
aforesaid, That all officers, commissioned
by the late provisional government, who are
not in actual service, and who are not ex-
empt by the provisions of this act, shall be
liable and subject to draft, the same as
others, provided they do not, within ten days
after the publication of this act, repair to
the field.
Sec. 17. Be it ordained by'the authority
aforesaid, That all cases not herein provid-
ed for, shall be governed by the militia laws
of the United States of America, so far as
they are applicable , to our circumstances
and situation.
Sec. 18. Be it ordained by the authority
aforesaid, That this ordinance remain in
full force for and during the term of twelve
months from the day of its passage and no
longer, unless sooner repealed by a congress
.of the republic.
Adopted in convention at Washington the
J2th day of March, 1 836.
President of the Convention.
H. S. Kimble, Secretary.
Mr. Gazley introduced the following reso-
lutions :
Resolved, That six hundred copies of the
Militia law be printed in handbill form, and
that twenty of said copies be immediately
forwarded t the first judge of each muni-
cipality in lexas, who are hereby required
to distributethem among the people.
And be itfurther Resolved, That the said
law be insered in the Telegraph and Texas
Register, pinted at San Felipe de Austin.
And be itfurther Resolved, That a com-
mittee of tlree be appointed to carry the
foregoing resolutions into effect, which was
Adopted in convention, the 12th day of
March, 1836, ai Washington.
President of the Convention.
H. S. Kimble, Secretary.
Tiic Corvention adjourned on the 18th instant. In
seventeen cfiys a declaration of independence has been
made, a constitution formed and an executive government
David G. Burnett was elected President.
Lorenzo de Zaala, Vice President.
Col. Carson, Sicretary of State.
Baily Hardimai, Secretary of Treasury.
Col. Thos. J. Risk, Secretary of War.
Col. Robert Pater, Secretary of the Navy.
David Thomas Attorney General.
J. R. Jones, Pst Master General.
Civil officers under the provisional government will
remain in office til otherwise provided by law.
We have not received the above officially from the
Convention ; but have collected it from a gentleman late
from Washington. The present Executive and Cabinet
we understand ivill meet and transact business at Har-
risburg; and we are calculating upon their most efficient
endeavors to prosecute the war.
Wc are informed by a member of the convention that
all persons in Texas will be secured in their rights to
land with the same liberality of the former laws of Co-
lonization. We hope that none will now hold back from
a distrust that they will not receive the usual quantity of
land. This mode of disposing of our public land we
believe preferable to pledging it for money. Make, citi-
zens and they will make money to pay any amouut we
surely can borrow.
V In consequence of false reports respecting the approach
of the Mexican army, which at one time was said to be
east of the Colorado river, a great panic seized the citi-
zens of this place and other neighborhoods, and wc are
informed, even the convention itself. Much bustle and
scramble ensued-, which has been the cause of much loss
of time and many turned heads. We hope however this
stir will not be without benefit in the end. Some of us
who could not find it in our power to leave home to go to
the field, can with much despatch strike tents and move
easterly. But the militia law will soon bring us to the
right-about face. This law none can escape; and those
who arc disposed to protect and save our country, will
readily give their assent to it; and none, we hope, will
complain of its requisitions.
We have seen a New-Orleans Bee of the 5th inst.
which states that Santa Ana Jiad bought at Jamaica two
vessels, which he is going to fit out to cruise in the wa-
rers of Texas ; also, that our ports have been formally
closed by the General Government of Mexico, to be car-
ried into effect within thirty days for vessels from the
United States, and within ninety days for Europe. From
such a measure we may expect soon to hear of the arri-
val on our coast of Mexican vessels to enforce the block-
ade, but, our little squadron will, ere long, give a good
account of them. We have no doubt that our young
republicans will display on the ocean as much valor as
our landsmen, and that the enemy will dearly purchase
lessons both by land and by water.
Captain Logan, with a company of upwards of sixty-
men from Liberty, passed through this place, on Sunday,
on their way to head quarters. Their arrival at this place
has given confidence to our citizens, believing that the
people at the east will turn out, and strengthen the force
in the field.'
If our army receives immediate reinforcement, it will no
doubt make a permanent stand on the Colorado, and the
country east of that river will be secured against the rava-
ges of the enemy. But should general Houston not re-
ceive a considerable force, he w!ll be compelled to fall
back to the Brazos : for we trust he will not hazard an
engagement without having strong grounds for doing so.
By a letter received from Moseley Baker, dated Camp
on the Colorado, March 2, wc learn the following:
The enemy had at last appeared in sight, and were at-
tempting to cross the river at Dewces's, anil the battle was
then raging. Mr. Baker entertains no doubt that the
enemy will be repelled, and calls earnestly and solemnly
on the people of Texas to turn out. Our army consists
of 800 men, and the enemy cannot exceed 1200, while
their whole number in Texas is not more than 3000 or
4000. Our army have made a stand at the Colorado,
where they intend that victory shall be theirs, and win
Texas : as to defeat, it does not enter into their contem.
plation. Mr. Baker thinks there is nof reason for moving
the families, and tclla Iiio laii"coUntryivoincn to play, in
this hour of trouble, the heroines of Texas ; to act well
their parts, and drive from their presence fathers, bro-
thers and friends ; to permit no man to stay at home, but
to bid them go where duty and honor calls them ; to par-
ticipate in the dangers as well as the benefits of Texas,
and then only to return to their smiles.
A postscript says, that the firing heard was between the
spies of our army and those of the enemy; that they had
taken three prisoners, and the enemy were not far off,
and would probably be whipped by to-day.
That event, so lamentable, and yet so glorious to Texas,
is of such deep interest and excites so much our feelings
that we shall never cease to celebrate it, and regret that
we are not acquainted with the names of all those who
fell in that Fort, that we might publish them, and thus
consecrate to future ages the memory of our heroes who
perished at the Thermopylae of Texas. Such examples
are bright ones, and should be held up as mirrors, that by
reflection, we may catch the spirit and learn to fashion
our own behaviour. The list of names inserted below,
was furnished by Mr. Jno. W. Smith, and Mr. Navon,
and as we obtain more we will publish them. To Mr.
Smith, who has rendered good service to Texas, and to-
Judge Ponton are we indebted for the particulars, ns com-
municated to them by Mrs. Dickinson, who was in the
"Alamo" during the siege and assault.
At day-break of the 6th inst. the enemy surrounded
the fort with their infantry, with the cavalry forming a
circle outside to prevent escape on the part of the garri
son; the number consisted of at least 4000 against 140!
General Santa Ana commanded in person, assisted by-
four generals and a formidable train of artillery. Our
men had been previously much fatigued and harrasz-
ed by nightwatching and incessant toils, having expe-
rienced for some days past, a heavy bombardment and
several real and feigned attacks. But, American
valor and American love of liberty displayed them-
selves to the last; they were never more conspicu-
ous: twice did the enemy apply to the walls their scaling
ladders, and, twice did they receive a check; for out men
were determined to verify the words of the immortal
Travis, "to make the victory worse to the enemy than a
defeat." A pause ensued after the second attack, which
was renewed on the third time, owing to the exertions of
Santa Ana and his officers; they then poured in over the
walls, 'like sheep the struggle, however, did not even
there cease unable from the crowd and for want of time
to load their guns and rifles, our men made use of the
but-ends of the latter and continued to fight and to resist,
until life ebbed out through their numberless wounds and
the enemy had conquered the fort, but not its brave, its
matchless defenders: they perished, but they yielded not:
only one (Warner) remained to ask for quarter, which

Baker & Bordens. Telegraph and Texas Register (San Felipe de Austin [i.e. San Felipe], Tex.), Vol. 1, No. 21, Ed. 1, Thursday, March 24, 1836. San Felipe de Austin, Texas. The Portal to Texas History. Accessed August 20, 2014.