Laws About Republic Claims
Internal Links
Audited Claims | Public Debt | Pensions
Related Links
Introduction to the Republic Claims | How to Use the Database | Search the Index
Audited Claims: Legislation and Procedures
Two acts of the Consultation determined the manner in which claims would be handled throughout the Republic period: An Ordinance prescribing the manner and form of settling the accounts of the Volunteer Army of Texas (November 24, 1835. Gammels I, 923) and Ordinance and Decree, creating the offices of Auditor and Comptroller of Public Accounts for Texas (December 26, 1835, Gammels I, 1003-8)
The first ordinance required that
"all bills, accounts, claims, debts, dues or demands, that are now or may hereafter be due or owing by this or a future Government to any person or persons for money, corn, provisions, stores, clothing, medicines, transportation, or any service whatever rendered or furnished, to and for the Volunteer Army of the people of Texas, now in the field, shall, before the same be admitted to audit and liquidation before the Standing Committee on War Affairs, of this House, or the proper department of a future Government, contain the day, date, name and description of the article or sum furnished, and place, and the certificate of the Standing Committee of Safety and Vigilance, or the order or certificate of the commanding officer or Colonel of the Regiment, or company by whose order and at whose requisition the same may have been rendered or furnished: or the receipt of the contractor, commissary or quarter-master to whom the same may have been furnished and delivered, together with the oath or affirmation before any Judge or Alcalde, of the person or persons so presenting the same for liquidation, that the said accounts, debts, dues, demands, or services were at the time and place specified, supplied, furnished, or rendered, made use of, delivered, pressed or taken, lost or killed in the service of the Volunteer Armies of the people of Texas aforesaid."
The submission usually included 1) the account or voucher for services or goods, 2) certification of the claim's validity by the authorizing party (usually a department head, company commander, or government official of some sort) either on the account itself or as a separate document, 3) affidavit by the claimant that the claim was just and had not been satisfied heretofore, and 4) receipt for payment signed by the claimant or his representative or assignee and endorsed by the Auditor or Comptroller.
The Auditor was required to enter the transaction in his office ledger and to "further number and file all claims, receipts, and other evidences of debts, against the Government, in his office, so that he can at any time refer to them." Even when the claim exceeded four thousand dollars (the largest amount the Auditor was allowed to authorize), the General Council or Governor would authorize the claim, but "the Auditor shall take the same, to his office, and place it on file, with such accompanying evidence as applies to said claim."
The Comptroller, in turn, would approve payment of the claim after it had been acted upon and record the information concerning the issuance of the draft "after which he shall return the claim to the Auditor, that he may place it on file, according to the requisitions of the existing laws."
In other words, all agencies authorized to approve and to pay claims were required ultimately to return the claim files to the Auditor's Office to be kept as a hedge against
Furthermore, all transactions concerning the payment of claims had to be recorded by both the Auditor and the Comptroller. The Auditor "if said claim is admitted...shall make a record thereof, in a neat and business like manner, setting forth the time when said claim originated, the time it was audited, the name of said claimant, the name of the officer commanding, (if a military claim) to whose company attached, (if to any) by what officer certified, and for what consideration said claim originated." The Comptroller, "when any claim is presented him, approved by the Auditor as set forth in the foregoing, [should] strictly examine it, having previously well informed himself of the existing laws, and if found in all parts consistent and containing all the requisites of the laws, he shall write 'Approved' thereon, with the date, when acted on, and shall also enter the corresponding draft of record in a summary way, setting out in whose favour drawn, date, letter, and amount...."
Both the audited claim files and the various ledgers recording the Auditor's and the Comptroller's actions therein were retained in the department's archives.
Public Debt Claims: Background and Legislation
When Texas was annexed into the Union in 1845, the public debt of the Republic of Texas amounted to nearly $10 million, consisting of two major types of obligations:
(a) the ordinary or non-revenue debt (consisting of the claims of participants in the Texas Revolution or suppliers of the Texas army, usually no more than a few hundred dollars per claim); and
(b) the revenue debt (principal and interest owed to holders of Republic of Texas securities). The United States considered the revenue debt to be preferred obligations, secured by the import duties of the Republic. According to the joint resolution of annexation, the public lands of Texas (retained by the state) were to be used to settle the public debt.
In March 1848, the 2nd Legislature of the State of Texas passed "an Act to provide for ascertaining the debt of the late Republic of Texas." This act ordered the Auditor and the Comptroller of Public Accounts to do the following:
to publish notices in weekly newspapers in the cities of Austin, New Orleans, Washington, D.C., and New York (later adding Philadelphia and Louisville), requiring all persons having any claim for money against the former Republic of Texas to present those claims by November 1849 (the filing deadline was subsequently extended several times, ultimately to August 1, 1855);
to receipt jointly all these claims, setting forth the par value (i.e., face value), the name of the person to whom the debt accrued, the date, and the amount; and
each to keep "a correct list in books, kept for that purpose separately," of the three classes of claims:
First: "the audited or ascertained claims" (e.g. bonds, Treasury notes, military scrip, etc.);
Second: "all claims with sufficient evidences and vouchers to authorize them to audit";
Third: "such claims as are not sufficiently authenticated by vouchers."
In February 1850, the 3rd Legislature proposed that holders of public debt liabilities surrender them to the Commissioner of the General Land Office, in exchange for land certificates at the scaled-down rate of 50 cents per acre. It also proposed that interest on all liabilities cease after July 1, 1850. This plan was rejected by the creditors who held the debt.
In September 1850, the U.S. Congress passed that part of the Compromise of 1850 which established the present northern and western boundary of Texas; in return for the 67 million acres of land which was ceded to the newly-created New Mexico Territory, the U.S. government would pay Texas $10 million in 5% U.S. bonds. Half of this sum was delivered and used to pay the ordinary (nonrevenue) debt, with $3.75 million in bonds left over. The remaining half of the settlement was retained by the U.S. government to assure the payment of the revenue debt; the U.S. refused to pay any of these claims until all claims were filed.
The U.S. Congress finally settled the controversy in an Act passed February 1855 (accepted by the Texas legislature in February 1856). The federal government appropriated $7,750,000 in cash to be prorated among the holders of the revenue debt (amounting to a payment to each creditor of about 77 cents on the dollar).
Pension Laws
August 13, 1870, First pension law covering Republic veterans appropriations act approved May 19, 1870 rescinding pensions for lack of funds
April 21, 1874, reinstating pensions, but requiring proof of indigence
March 13, 1875, repealing the pension law passed April 21, 1874
Constitution of 1876: Article XVI. General provisions. Section 55, allowing the legislature to grant pensions to Republic veterans
July 28, 1876, granting pensions to indigent Republic veterans and surviving signers of the Declaration of Independence and their widows
March 13, 1879, repeals act of July 28, 1876 because "At least ten times as many names have been presented as was contemplated at the passage of the act...[and] We find a deficit of one hundred and fifty thousand dollars, and still claims are being presented....
March 28, 1883, providing annual pensions to indigent Republic veterans and surviving signers of the Declaration of Independence and their widows living in Texas
March 25, 1885, providing annual pension to surviving indigent soldiers or indigent volunteers of the Texas Revolution, and the indigent surviving signers of the Declaration of Independence, and the indigent surviving widows of such soldiers, volunteers or signers, and to repeal all laws and parts of laws in conflict therewith
April 4, 1889, amending Sections 1 and 2 of the March 25, 1885 pension act.
August 13, 1870
An Act granting pensions to the surviving veterans of the revolution which separated Texas from Mexico.
Section 1. Be it enacted by the Legislature of the State of Texas, That each and every surviving veteran of the revolution which separated Texas and Mexico, including the Mier prisoners, be and they are hereby granted an annual pension of two hundred and fifty dollars, and to each and every such person, who was wounded in any engagement or whilst a prisoner of war, there shall be granted the further annual sum of two hundred and fifty dollars, for the period of their natural lives.
Sec. 2. It shall be the duty of the Comptroller to investigate the claims of every person applying for a pension under this act, and if from evidence it shall appear that the applicant is entitled to a pension, he shall furnish to the petitioner or pensioner a certificate that said pensioner is so entitled, for the period of his natural life; and such certificate shall be sufficient authority to require the Comptroller to draw his warrant for the amount which shall be due, on and after the thirty-first day of December in each and every year, and the sum of ten thousand dollars, or so much thereof as may be necessary, be and is hereby appropriated out of any money in the Treasury, not otherwise appropriated, for the purpose of carrying out the objects of this act.
Sec. 3. This act take effect and be in force from and after its passage.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 6, p.292-293.
From the appropriations act approved May 19, 1870:
NOTE:--The following items, under the head of "Miscellaneous," passed both houses, but were disapproved by the Governor, and have been stricken out of the printed act, viz:
Deficiency.
For pensions granted under act of August 13, 1870..$100,816 98
For 1872.
For pensions granted under act of August 13, 1870.. 124,000 00
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 6, p.1008.
April 21, 1874
An Act granting Pensions to the Surviving Veterans of the Revolution which separated Texas from Mexico, including the Santa Fe and Mier Prisoners; the Survivors of the company of Captain Dawson, who was massacred near San Antonio in the year 1842; the Survivors of those who were captured at the City of San Antonio in the fall of the year 1842, and taken to the Castle of Perote and confined therein; and the Survivors of Deaf Smith's Spy Company; and to provide for the liquidation and settlement of all arrearages due said Veterans under an Act of thirteenth of August 1870, previous to the first of July, 1874.
Section 1. Be it enacted by the Legislature of the State of Texas, That there be and there is hereby granted to each survivor of the revolution which separated Texas from Mexico (including the Santa Fe and Mier prisoners; the survivors of the company of Captain Dawson, who was massacred near San Antonio in the year 1842; the survivors of those who were captured at the city of San Antonio in the fall of the year 1842, and taken to the Castle of Perote and confined therein, and the survivors of Deaf Smith's spy company) an annual pension of one hundred and fifty dollars, from and after the first day of July, 1874, for and during their natural lives, payable semi-annually on the first day of January and the first day of July of each year; and in all cases where any such person shall have been permanently disabled by reason of wounds received in actual service, or who may be now disabled by loss of sight, or limb, from any cause, there shall be and is hereby granted to him an additional pension of one hundred and fifty dollars for the same time and upon the same terms.
Sec. 2. That to any one, to whom a certificate shall have been issued by the Comptroller of Public Accounts, showing that he is entitled to a pension under the provisions of "An Act granting pensions to the surviving veterans of the revolution which separated Texas from Mexico," approved August 13, 1870, shall be evidence of the right of such person to all arrearages of pension up to the first day of July, 1874, and to a pension under this act; provided, that the provisions of section eleven of this act shall apply to the same.
Sec. 3. In all cases where pension certificates have not heretofore been issued under said act of August 13, 1870, it shall be the duty of the Comptroller of Public Accounts to issue pension certificates to every person still living who may have served as a volunteer, or as a regular soldier, in the military service of Texas at any time between the first day of January, 1832, and the fifteenth day of October, 1836, and to every person still living who was made a prisoner in the Santa Fe or in the Mier expedition, and the survivors of the company of Captain Dawson, who was massacred near San Antonio in the year 1842, and the survivors of those who were captured at the city of San Antonio in the fall of the year 1842, and taken to the Castle of Perote, and confined therein, and the survivors of Deaf Smith's spy company, upon the evidence prescribed in the next succeeding section of this act; provided, however, that but one pension certificate shall be issued to any person.
Sec. 4. When it shall be made to appear from the public archives and records of the State that the applicant has received an honorable discharge from the military service of Texas, signed by the commanding officer of his company or regiment, for services rendered between the first day of January, 1832, and the 15th day of October, 1836, or that he has received a bounty, or donation warrant of land for military service rendered between the first day of January, 1832, and the fifteenth day of October, 1836, the proof shall be sufficient to authorize the issue of a pension certificate under this act; provided, that said bounty or donation warrant was not illegally issued. When it shall appear from the public archives or records of the State that any person has been paid for his services while a prisoner in the Santa Fe, or in the Mier expedition, or while in prison as one of the persons captured at the city of San Antonio in the Fall of 1842, it shall be sufficient to authorize the issue of a pension certificate. When the foregoing proof cannot be made, the applicant shall prove by his own affidavit, the place of his birth, his age, the time of his immigration to Texas, the company in which he served, and that he served and participated in some one or more of the battles fought in behalf of the people of Texas, between the first day of January, 1832, and the fifteenth day of October, 1836, or that he was made a prisoner in the Santa Fe or in the Mier expedition, or that he is one of the survivors of the company commanded by Captain Dawson, who was massacred near San Antonio in the year 1842, or that he is a survivor of those who were captured at the city of San Antonio in the Fall of the year 1842, and taken to Perote and confined therein; or that he is a survivor of Deaf Smith's spy company; and the fact of service and participation in any of said battles shall also be proved by the affidavits of two credible persons who were in the same battle, or were in the same expedition; and the fact of having been made a prisoner shall also be proved by the affidavits of two credible persons who served in the same expedition, or who were prisoners at the same time.
Sec. 5. In all cases where an application for a pension and the evidence in support thereof, was filed in the Comptroller's office before the first day of July, 1874, under said act of the thirteenth of August, 1870, and such application and evidence would be sufficient under this act, to authorize the issuance of a pension certificate, the Comptroller shall issue to the applicant, if still living, a pension certificate, which shall entitle him to all arrearages of pension under said act of thirteenth of August, 1870, up to the first day of July, 1874, and also to a pension under this act; but if the applicant be not living, and left at his death a surviving wife, or descendants, the Comptroller, upon proof to his satisfaction of the time of death, and that the applicant left a surviving wife or descendants, shall issue a certificate, stating the amount of arrearages of pension under said act of thirteenth of August, 1870, due said applicant at his death, or before the first of July, 1874, and the amount, if any, due him under this act, which shall be payable to the surviving wife, if living, but if not, then to his descendants.
Sec. 6. In cases where the evidence filed with an application in the Comptroller's office before the first day of July, 1874, for a pension under said act of thirteenth of August, 1870, was not deemed sufficient to authorize the issuance of a pension certificate, or when no application has been made prior to the first day of July, A. D. 1874, by any person entitled to receive the same under this act, the applicant shall have the right to supply or furnish the evidence required to obtain a certificate under this act, and upon doing so, he shall have the same rights under this act as he would have had if said evidence had been filed with his original application.
Sec. 7. All arrearages of pension due under said act of thirteenth of August, 1870, up to the first day of July, 1874, shall be payable in bonds of the State of Texas of the denomination of one hundred dollars, and transferable, drawing interest at the rate of ten per centum per annum, interest payable semi-annually, on the first day of January and the first day of July of each year; which bonds shall be payable twenty years after date, but redeemable at the pleasure of the State after five years from date. They shall be signed by the Governor and Treasurer, and shall be countersigned and registered by the Comptroller; and the Governor shall cause to be printed a sufficient amount of bonds to pay said arrearages, and to pay all fractional sums less than one hundred dollars.
Sec. 8. When any person has died, or may hereafter die before the receipt of any pension due him under this act, the amount due at the time of the death of the pensioner, shall be paid to his surviving wife, if he left one, but if not, then to his surviving descendants, if any there be.
Sec. 9. Before the payment of any arrearages of pensions that accrued prior to the first of July, 1874, the person claiming the same shall give credit for all sums he may have received under the appropriation heretofore made for the payment of pensions under said act of the thirteenth of August, 1870.
Sec. 10. The identity of all applicants for pension certificates shall be proved by the affidavits of the applicant, and of two credible witnesses.
Sec. 11. The proof of having received a wound while in actual service shall be made by the affidavits of the applicants and of two other persons who were in the engagement or in the expedition at the time when the wound was received; and the proof of permanent disability shall be made by the affidavits of two physicans of good reputation; and the provisions of this section shall apply to all persons claiming a pension and having received wounds.
Sec 12. The production of a pension certificate recognized by this act, and proof by the affidavits of two credible witnesses, of the identity of the party to whom it was issued, will be a sufficient authority for the Comptroller of Public Accounts to draw a treasury warrant in favor of the party entitled to payment under this act.
Sec. 13. An Act entitled, "An Act granting pensions to the surviving veterans of the revolution which separated Texas from Mexico," approved August 13, 1870, be and is hereby repealed; but this repeal shall not effect [sic] the right of any person entitled to a pension under said act, with the eleventh section of this act applying thereto, to receive the arrearages of pension due under the same, in accordance with the provisions of this act.
Sec. 14. No person for a period of time later than the first day of July, 1874, shall be paid under the provisions of this act, unless the holder of a pension certificate, shall prove to the satisfaction of the county court of the county in which he resides, that he has not sufficient property, without the aid of such pension; which proof shall be forwarded to the Comptroller; and the State of Texas, in recognition of the gallant deeds and services rendered by the Patriots that fought for the independence of Texas, hereby dedicates a silver medal to each and every soldier who participated in the battles for independence; and the Comptroller is hereby directed to cause the manufacturing of said silver medals. The medal on one side to have the name of the veteran, company and regiment, and on the other side a Lone Star of Texas.
Sec. 15. That the sum of five hundred dollars, or so much thereof as may be necessary, be and is hereby appropriated out of any money in the Treasury, not otherwise appropriated, to pay the expense of preparing said bonds. That the bonds herein provided for shall be exempt from attachment, garnishment and forced sale so long as they remain in the hands of the original owners.
Sec. 16. This act shall take effect from and after its passage.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 8, p.116-120.
March 13, 1875
An Act to repeal an act entitled "An Act granting pensions to the surviving veterans of the revolution which separated Texas from Mexico," approved April 21st, 1874.
Section 1. Be it enacted by the Legislature of the State of Texas, That an act entitled "An Act granting pensions to the surviving veterans of the revolution which separated Texas from Mexico," approved April 21st, 1874, be and the same is hereby repealed; provided, this act shall not impair the rights of those applicants whose claims were recognized by the Comptroller at the date of its passage.
Sec. 2. That this act take effect and be [in] force from and after its passage.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 8, p.484.
CONSTITUTION OF 1876: ARTICLE XVI. General Provisions
Section 55. the Legislature may provide annual pensions, not to exceed one hundred and fifty dollars per annum, to surviving soldiers or volunteers, in the war between Texas and Mexico, from the commencement of the revolution in 1835, until the 1st of January, 1837; and also to the surviving signers of the declaration of independence of Texas; and to the surviving widows continuing unmarried of such soldiers and signers; provided, that no such pension be granted except to those in indigent circumstances, proof of which shall be made before the County Court of the county where the applicant resides, in such manner as may be provided by law.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 8, p.833.
July 28, 1876
An act to provide annual pensions for the surviving soldiers of the Texan Revolution, and the surviving signers of the Declaration of Texan Independence, and the surviving widows of such soldiers and signers.
Section 1. Be it enacted by the Legislature of the State of Texas, That to every surviving soldier or volunteer who served in the war between Texas and Mexico in the army of the Republic of Texas at any time between the commencement of the revolution at Gonzales in 1835 and the first day of January, 1837; and to every surviving signer of the Declaration of the Independence of Texas, made at the town of Washington, on the Brazos, on the second day of March, 1836; and to every surviving widow of any such soldier or signer who remains and has always been unmarried since the death of such soldier or signer, there shall be and is hereby granted an annual pension of one hundred and fifty dollars.
Sec. 2. No person shall be entitled to receive the pension herein provided for, unless he or she shall be in indigent circumstances, proof of which shall be made as herein required.
Sec. 3. Any person designing to make application for a pension under the provisions of this act, shall file with the Clerk of the County Court a full statement of the facts which entitle him or her to receive the same, which statement shall be supported by the affidavit of the applicant and two other credible persons.
Sec. 4. When the County Clerk receives such an application, properly verified, he shall file the same and docket it on the trial docket of the County Court, and give a notice of the same having been made by posting on the court-house door of the county for at least thirty days prior to the beginning of a term of the county Court.
Sec. 5. The application shall be considered by the County Court in its regular order on the docket, and the State shall be represented by the District Attorney, or the County Attorney, or by some attorney appointed by the court.
Sec. 6. The court may hear evidence both in support of and contradictory to the application, and shall give or withhold the certificate as the facts may warrant.
Sec. 7. If the Court is satisfied that the application states such facts as are required by this act to entitle the applicant to a pension, and that the facts so stated in the application are true, the Judge shall cause a certified copy of the application and the certificate of the court to the truth of the same to issue to the applicant.
Sec. 8. Any person making application for a pension as provided for in this act, who shall fail to establish his rights thereto, shall pay the following fees, to-wit: To the County Judge, three dollars; to the attorney representing the State, four dollars; to the County Clerk, two dollars; and to the Sheriff, one dollar.
Sec. 9. All applications are to be made under this act to the County Court of the county in this State where the applicant resides.
Sec. 10. Upon presentation of the certificate of the County Court, as herein provided for, to the Comptroller, by the applicant for a pension, or his attorney, it shall be the duty of the Comptroller to enter the name of the applicant upon the roll of pensions.
Sec. 11. It shall be the duty of the Comptroller, on the first day of January, the first day of April, and the first day of July and the first day of October, of each and every year, to draw his warrant, accompanied by the affidavit of two witnesses as to the identity of the pensioner, and the certificate of the County Judge and County Clerk under seal of the court, that the pensioner is still living, on the Treasury, in favor of each person on the roll of pensioners for the sum of thirty-seven dollars and fifty cents, and upon presentation of this warrant at the State Treasury, the Treasurer shall pay the same out of any funds which may be appropriated for that purpose.
Sec. 12. That the Comptroller of Public Accounts shall not issue his warrant in favor of any applicant for a pension under the provisions of this act, until he is satisfied that the applicant was in the service of the Republic of Texas, within the period of time specified in the Constitution, and he may be governed in his decisions by record or other credible and satisfactory evidence; and should the applicant have drawn a pension under the provisions of any former law, it may be taken by the Comptroller as proof in his or her case; but should he entertain doubts of the justness of the claim, he shall require further proof.
Sec. 13. Whenever the Comptroller may be credibly informed that any pensioner has died or become pecuniarily able to support himself or herself, then that officer shall strike the name of such person from the roll of pensioners, and report to the Governor his reason for so doing.
Sec. 14. The pension granted under this act shall commence on the first day of July, 1876, and be paid in advance.
Sec. 15. No person who is not a resident of this State shall have the benefit of this act.
Sec. 16. The necessities of the old veterans creates such an emergency that this act shall take effect from and after its passage.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 8, p.897-899.
March 13, 1879
An act to repeal "an act to provide annual pensions for the surviving soldiers of the Texan revolution, and the surviving signers of the declaration of Texan independence, and the surviving widows of such soldiers and signers," approved July 28, 1876.
Section 1. Be it enacted by the Legislature of the State of Texas, That "an act to provide annual pensions for the surviving soldiers of the Texan revolution, and the surviving signers of the declaration of Texan independence, and the surviving widows of such soldiers and signers," approved July 28, 1876, be and the same is hereby repealed.
Whereas, At least ten times as many names have been presented as was contemplated at the passage of this act, as pensioners; from the fact that twenty thousand dollars, or so much thereof as might be necessary, was appropriated to pay off said claims; and
Whereas, We find a deficit of one hundred and fifty thousand dollars, and still claims are being presented; and an imperative necessity exists requiring the immediate repeal of this act, it is therefore enacted that this act take effect and be in force from and after its passage.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 8, p.1334-1335.
March 28, 1883
An Act to provide annual pensions for the surviving soldiers or volunteers of the Texas Revolution, and the surviving signers of the Declaration of Independence of Texas, and the surviving widows of such soldiers or volunteers and signers.
Section 1. Be it enacted by the Legislature of the State of Texas: That to every surviving soldier or volunteer who served in the war between Texas and Mexico, in the army of Texas, at any time between the commencement of the Revolution at Gonzales in 1835, and the first day of January 1837, and to every surviving signer of the Declaration of the Independence of Texas, and to every surviving widow of any such soldier or volunteer, or signer, who is and who has always been unmarried since the death of such soldier or volunteer, or signer, and so long as such widow may remain unmarried, there shall be and is hereby granted an annual pension of one hundred and fifty dollars as hereinafter provided; provided, however, that this act shall only apply to resident citizens of this State.
Sec. 2. Each applicant for a pension under this act shall make application in writing for the same to the county judge of the county of his or her residence, and such application shall state the name, age and residence of the applicant; whether or not the applicant received any pension or veteran donation land certificate under any previous law; a list of the real and personal property owned by the applicant, and the present value of the same; and what property, and the value thereof, that such applicant may have sold or conveyed within twelve months prior to the date of such application. And in addition to the foregoing, each male applicant shall further state the time he rendered such service, and the command he served in; and each female applicant shall further state the name of her deceased husband, the date of his death, that she is unmarried, and has so remained ever since the death of her husband, and shall further state, as accurately as she can, the time her said deceased husband rendered such service, and the command he served in. Should the applicant be a signer of such Declaration of Independence, or a widow of such signer, he or she shall state all that is hereinbefore required, except as to the military service, and in lieu of which, it shall state that the applicant was a signer of such Declaration of Independence, or is the widow of such signer, which application shall be subscribed and sworn to by the applicant, and the same shall be supported by the affidavits of at least two credible witnesses who reside in this State, and shall show that the facts stated by the applicant are true, and that the applicant is known and regarded in his or her neighborhood as a Texas veteran, or signer of the Declaration of Texas Independence, or the widow of a Texas veteran or signer of the Declaration of Texas Independence.
Sec. 3. Such application so signed by the applicant and two credible witnesses, shall be presented to the county judge, who shall hear evidence as to the property and the value of the same as stated in such application, and he shall then make his certificate under the seal of his office, attested by the clerk, stating his conclusions as to the value of the property owned by the applicant, and also the value of the property sold or conveyed by the applicant within twelve months previous to the date of his certificate; the county judge shall further state whether or not he believes the applicant's claim for a pension is a valid and just one, and that said person, veteran or widow, is in indigent circumstances, provided, that no applicant shall be deemed to be in indigent circumstances who owns property exceeding one thousand dollars in value. Upon the hearing of such application, the State shall be represented by the county attorney, or some other attorney appointed by the court, and it shall be the duty of the county or other attorney, to summon witnesses to testify in behalf of the State, and to secure such other testimony, oral or written, as may be necessary to protect the interests of the State.
Sec. 4. Such application so prepared and certified to, shall be filed with the Comptroller of Public Accounts, whose duty it shall be to satisfy himself that the applicant is entitled to the pension herein provided, and he may require further and additional proof of the identity of the applicant, the service rendered, or of any other fact, by affidavit or record evidence, provided, no pension shall be granted any one under this act, whose claim has been rejected by the Veteran Board of this State as fraudulent.
Sec. 5. No person shall be entitled to a pension under this act unless it shall be made to appear to the Comptroller from the evidence as required in sections 2 and 3 of this act, that said person or veteran is in indigent circumstances, and is unable to provide a necessary support for himself or herself.
Sec. 6. The pension herein provided for shall begin on the first day of January 1883, and shall be paid quarterly in advance; that is to say thirty-seven dollars and fifty cents on the first day of January, April, July and October of each year, and the Comptroller shall draw his warrant for the same on the Treasurer, and upon presentation the Treasurer shall pay the same out of any moneys in the Treasury which may be appropriated for this purpose.
Sec. 7 On or after the first of each quarter the pensioner shall make his affidavit, stating the county of his residence, and that he is the identical person to whom a pension has been granted under this act which affidavit shall be supported by the affidavit of some other credible person to the same fact, and which affidavit may be made before any one authorized to administer oaths, which affidavit shall be filed with the Comptroller, and upon the filing of the same the Comptroller shall draw his warrant for the quarter found to be due.
Sec. 8. The necessities of those herein provided for, creates such an emergency, that an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and that this bill take effect from and after its passage, and it is so enacted.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 9, p.342-344.
March 25, 1885
An Act to provide annual pensions for the surviving indigent soldiers or indigent volunteers of the Texas Revolution, and the indigent surviving signers of the Declaration of Independence, and the indigent surviving widows of such soldiers, volunteers or signers, and to repeal all laws and parts of laws in conflict therewith.
Section 1. Be it enacted by the Legislature of the State of Texas: That to every surviving indigent soldier or indigent volunteer who was in the actual military service of Texas at the time of the seige of Bexar in December 1835, or at the time of the battle of San Jacinto in April 1836, or who was in such actual military service for as much as six weeks between the commencement of the Revolution at Gonzales in 1835 and the first day of July 1836, and to every indigent surviving signer of the Declaration of the Independence of Texas, and to every indigent surviving widow of any such soldier, volunteer or signer, who is and who has always been unmarried since the death of such soldier, volunteer or signer, and so long as such widow may remain unmarried, there shall be, and is hereby granted an annual pension of one hundred and fifty dollars, as hereinafter provided.
Section 2. Each applicant for a pension under this act shall make application in writing for the same to the county judge of the county of his or her residence, and shall post a copy of such application on the court house door of the county, for at least thirty days before the application is acted on by the county judge. Such application shall state the name, age and residence of the applicant; whether or not this applicant received any pension or veteran donation land certificate under any previous law; a list of the real and personal property owned by the applicant and the present value of the same, and what property and the value thereof that such applicant has sold or conveyed within twelve months prior to the date of such application, and shall further state that the applicant is in indigent circumstances, and is dependent upon his or her labor, or on the charity of others for a support; provided, that the word "indigent," within the meaning of this act, shall not allow the ownership of property to exceed one thousand dollars; and that the applicant has not transferred to others any property or values of any kind for the purpose of becoming a beneficiary under this act; and still further that such applicant is and was for ten years preceding the date of the passage of this act a bona fide resident citizen of this State, and in addition to the foregoing each male applicant shall further state the time he rendered such service and the command he served in, and each female applicant shall state the name of her deceased husband, the date of his death, that she is unmarried and has so remained since the death of the husband for whose services she claims a pension, and shall further state, as accurately as she can, the time her said deceased husband rendered such service and the command he served in. Should the applicant be a signer of such Declaration of Independence or a widow of such signer, he or she shall state all that is hereinbefore required, except as to the military service, and in lieu of which it shall state that the applicant was a signer of such Declaration of Independence, or is the widow of such signer, which application shall be subscribed and sworn to by the applicant, and the same shall be supported by affidavits of at least two creditable witnesses who reside in the State, and shall show that the facts stated by the applicant are true, and that the applicant is known and regarded in his or her neighborhood as a Texas veteran or signer of the Declaration of Independence, or the widow of a Texas veteran or signer of the Declaration of Independence.
Sec. 3. Such application so signed and sworn to by the applicant and two credible witnesses, shall be presented to the county judge, who shall, in open court, at a regular term thereof, hear evidence as to the truth of the statements made in such application; and, if he believe from the evidence, that the applicant really performed the service for which the pension is claimed, or is a widow of a soldier or volunteer of the Texas Revolution, or of a signer of the Declaration of Texas Independence; that he or she is now, and was at the time of the passage of this act, and for ten years previous thereto, a bona fide resident of the State of Texas; that the applicant is in indigent circumstances, and is dependent on his or her labor or on the charity of others for a support, and has not at any time transferred any property for the purpose of becoming a beneficiary under this act; then he shall make his certificate under the seal of his office, attested by the county clerk, reciting the facts as shown by the evidence. Upon the hearing of such application the State shall be represented by the county or district attorney, and it shall be the duty of such attorney to summon witnesses to testify in behalf of the State who know the pecuniary condition of the applicant or any other facts affecting the rights of the applicant to obtain a pension, and to examine the assessor's rolls and the records of his county and any other source of information which may seem to him to be advisable, and he shall prepare a statement of the testimony given by each witness, including the name of such witness, and, also, of the facts disclosed by investigating any other source of information, which statements shall be approved by the county judge. For his services in behalf of the State the attorney shall be allowed a fee of ten dollars, to be paid, as follows: He shall present his account for the same to the county judge, who shall approve it if he find it correct, shall date and sign the same officially, and shall cause it to be filed in the office of the county clerk. The said judge shall thereupon give to the attorney a draft upon the county treasurer, and the same when presented to the treasurer shall be paid out of any moneys in his hands not otherwise legally appropriated, in the same manner as jury certificates are paid. Provided, that if the applicant shall be proved not to be an indigent, and shall have his application defeated on that ground, then the attorney representing the State shall be entitled to an additional fee of ten dollars to be taxed against the applicant as costs of suit.
Section 4. Such application so prepared and certified to, together with the statements of the county judge and attorney herinbefore provided for, shall be filed with the Comptroller of Public Accounts, whose duty it shall be to examine critically such application and statements and any other accessible evidence that may prove or disprove the right of the applicant to claim a pension, and may require further proof of the statements made in such application, and, if in his opinion, the applicant has not established his or her legal right to a pension then he shall refuse such application and file reasons therefor in his office, provided, no pension shall be granted any one under this act whose claim has been rejected by the Veteran Board of this State as fraudulent.
Section 5. No person shall be entitled to receive a pension under this act, unless it shall be made to appear to the Comptroller, from the evidence, that said person is in indigent circumstance, and is dependent upon his labor or the charity of others for a support.
Section 6. The pension herein provided for shall begin at the date when the Comptroller receives the application, and shall be paid quarterly in advance. The Comptroller shall draw his warrant for the same on the Treasurer, and upon presentation the Treasurer shall pay the same out of any moneys in the treasury which may be appropriated for this purpose.
Section 7. On or after the first of each quarter, the pensioner shall make his affidavit stating the county of his residence, and that he is the identical person to whom a pension has been granted under this act, which affidavit shall be supported by the affidavit of some other credible person to the same fact, and which affidavit may be made before any one authorized to administer oaths, which affidavit shall be filed with the Comptroller, and upon the filing of the same, the Comptroller shall draw his warrant for the quarter found to be due.
Section 8. It shall be the duty of the district judges of this State to specially charge every session of the grand jury to investigate violations of this act.
Section 9. No person shall receive a greater fee than ten dollars to procure a pension for another, and any contract for a larger sum shall not be enforce by the courts.
Section 10. It shall be the duty of the Comptroller, at least once in each year, to forward to the county judge a printed list of the pensioners in their respective counties, which list shall be posted in a conspicuous place in the office of said judge. It shall also be the duty of the Comptroller, on the application of a grand jury to forward to it, through the district clerk of the county in which the grand jury is convened, copies of any or all original papers on file in his office connected with an application for a pension, which said grand jury may desire to investigate, and such copies with their correctness attested by the Comptroller shall have the same force and value in a court of law that the original papers would have had.
Section 11. The act approved on the 28th day of March 1883 entitled "An Act to provide annual pensions for the surviving soldiers or volunteers of the Texas Revolution and the surviving signers of the Declaration of Independence of Texas, and the surviving widows of such soldiers or volunteers and signers," under which pension are now being paid, be, and the same is hereby repealed, and no pensions shall hereafter by paid under said act.
Section 12. The importance of this bill and the near approach of the close of the session, create an imperative public necessity and emergency demanding the suspension of the constitutional rule requiring bills to be read on three several days, and that this act take effect from and after its passage, and it is so enacted.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 9, p.714-717.
April 4, 1889
An Act to amend Sections 1 and 2 of an act entitled An Act to provide annual pensions for the surviving indigent soldiers or indigent volunteers of the Texas Revolution, and the indigent surviving signers of the Declaration of Independence, and the indigent surviving widows of such soldiers, volunteers or signers, and to repeal all laws and parts of laws in conflict therewith, passed by the Nineteenth Legislature.
Section 1. Be it enacted by the Legislature of the State of Texas: That Sections 1 and 2 of the above recited act be so amended as to hereafter read as follows:
[Section 1.] That to every surviving indigent soldier or indigent volunteer who was in the actual military or naval service of Texas at the time of the seige of Bexar, in December, 1835, or at the time of the battle of San Jacinto, in April, 1836, or who actually participated in any battle in Texas in 1836, or who was in such actual military service for as much as six weeks between the commencement of the revolution at Gonzales in 1835 and the first day of January, 1837, and to every indigent surviving signer of the Declaration of the Independence of Texas, and to every indigent surviving widow of any such soldier, volunteer, or signer, who is and has always been unmarried since the death of such soldier, volunteer or signer, and so long as such widow may remain unmarried, there shall be and is hereby granted an annual pension of one hundred and fifty dollars as hereinafter provided.
Section 2. Each applicant for a pension under this act shall make application in writing for the same to the county judge of the county of his or her residence, and shall post a copy of such application on the court house door of the county for at least thirty days before the application is acted on by the county judge. Such application shall state the name, age, and residence of the applicant, whether or not this applicant received any pension or veteran donation land certificate under any previous law, a list of the real and personal property owned by the applicant and the present value of the same, and what property and the value thereof that such applicant has sold or conveyed within twelve months prior to the date of such application; and shall further state that the applicant is in indigent circumstances, and is dependent upon his or her labor or on the charity of others for a support: Provided, That the word "indigent," within the meaning of this act, shall not allow the ownership of property to exceed one thousand dollars; and that the applicant has not transferred to others any property or values of any kind for the purpose of becoming a beneficiary under this act; and still further, that such applicant is and was for one year preceding the date of the passage of this act a bona fide resident citizen of this state. And in addition to the foregoing, each male applicant shall further state the time he rendered such service and the command he served in; and each female applicant shall state the name of her deceased husband, the date of his death, that she is unmarried and has so remained since the death of the husband for whose services she claims a pension; and shall further state, as accurately as she can, the time her said deceased husband rendered such service and the command he served in. Should the applicant be a signer of such declaration of independence, or a widow of such signer, he or she shall state all that is hereinbefore required, except as to the military service, and in lieu of which it shall state that the applicant was a signer of such declaration of independence, or is the widow of such signer, which application shall be subscribed and sworn to by the applicant, and the same shall be supported by affidavits of at least two credible witnesses who reside in the state, and shall show that the facts stated by the applicant is [sic] known and regarded in his or her neighborhood as a Texas veteran or signer of the declaration of independence, or the widow of a Texas veteran or signer of the declaration of independence. Any veteran whose application and proof heretofore made to the comptroller are in compliance with the requirements of this act shall be entitled to his or her pension on presenting such application and proof to the comptroller, without further proof being made; and where such application and proof has been returned to the applicant by the comptroller, said applicant may re-file the same as if made under this act: Providing, That such application has not heretofore been declared fraudulent.
Sec. 3 [2]. As the applicants and beneficiaries under the provisions are aged and many of them in immediate need of aid in supplying the necessaries of life, an immediate necessity and emergency exists that this act take effect and be in force from and after its passage.
H.P.N. Gammel, ed. and comp., The Laws of Texas, 1822-1897. Austin: The Gammel Book Company, 1898. Volume 9, p.1071-1072.
The pension files that cover payments over an extended period frequently include multiple changes in the agents who collected the payments for the pensioner. They might be lawyers, land agents, bankers or friends. Convenience may have been the usual reason for the practice, but a letter in the application file of Joseph F. Smith suggests that confusion over the twists and turns in the pensions law revisions almost required a professional interpreter to intervene on behalf of the pensioner.
St Marys Refugio County Texas
Jan the 4th A.D. 1875
Hon. L.M. Rodgers
Austin City Texas
Dear Sir: I herewith send you a
Power of Attorney, to call upon the Comptroller of
Public Accounts, of the State of Texas, and receive from
him, State bonds, due me, upon Pension Certificate,
No 209, issued to me by A. Bledsoe, the former Co=
=mptroller, under a law for that purpose.
The Pension Certificate is now on file in the
Office of the present Comptroller, with my own
affidavit, and the affidavits of A.S. Thurmond and
John R. Talley, that I am the man to whom the
Pension Certificate was issued, and the Comptrol=
-ler know that he received it from me, by letter.
You know Thurmond and Talley, and that
they are credible witnesses; and the books of the
Comptroller and Treasurer, will show, that I re=
=ceived pay for the Mier Expedition, which is ev=
-idence that I am not an impostor, and which
would entitle me to a Pension, under the new
law, upon that subject; and their books will
show, that I received pay, for the expeditions
around San Antonio in 1842.
Page 2
But the Certificate on file, is full proof of my right
to a Pension, to the arrearages of Pension, up to the
1st of July last.
When Jeptha Williams went to Austin to pay
over the taxes, I sent by him, a power of Attor=
=ney, to receive and receipt for the bonds, due me;
but he say the Comptroller would not give
them to him, but told him to go to som la=
=wyer to fix up the matter. It seems to me that
no legal learning was necessary to sign a re=
=ceipt, when it was written out in a book, by the
officer, and kept there as a record of the fact.
He says the Comptroller would not allow him
to settle his tax accounts, with the office, but he
had to pay Foster and Ludlow $35.00 dollars to
do the same. this is a worse state of affiars than
we had, under the Radical Rule. If such conduct
is tolerated, what have we gained by the election?
If an officer wants the assistance of a lawyer,
he should pay the lawyer's fees, and not exact it
out of a poor man, like Williams.
These gentlemen send me their advice about
my Pension, almost weekley. Thy say I am en=
=titled to a Pension, that my certificate is on file,
that I should act promptly, as but a few bonds
Page 3
are left in the office; and that if I would sign
the power of Attorney, they send me, that they wou=
=ld, at once, get my bonds. They were strangers to
me, and had R[afe?] Upton for a drummer, and
I took no notice of their proffered kindness.
As they notified me that my Pension Certificate
was in the office of Comptroller, they seem to
be well posted with the business of the office.
Whether this is right or not; I shall not say.
The show too much kindness, and anxiety, for
my wellfare, for strangers.
I have heard that they have Rings at Austin,
and if so, they may try to control the acts of the
officers, for their own advantage. And, as you are
in a position to check those Rings, you will
please call upon the Comptroller, and demand
my Pension bonds, if he will give them to you,
give him a reciept for the same, and send the
bonds to me, by Mail. But if he will not, then
withdraw my Pension Certificate, and the affida=
-vits in support of the same, from the office, and
send them to me by Mail.
My discharge and parole from the Castle of
Perote, were used by Adjutant General Pitts,
when he ordered our accounts, for services, to be
Page 4
Audited, and I suppose they were burnt with the
office.
I am sorry for the trouble I give you, but as
I can neither walk or talk, you must excu=
-se me.
You can show this letter to Mr. [Stephen Heard] Darden, if
you think proper to do so.
Yours Truly
Hon L. M. Rodgers Joseph F. Smith
Austin City Texas
...