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Oak, Karnes, and Bee; one company from the counties of El Paso and Presidio; one company may be raised in any section of the State the governor may direct and provided that the unorganized counties shall furnish men with the counties to which they are attached for judicial purposes, and every county named in this section shall have the privilege to furnish its proportion of men in preference to all other applications; and when any company cannot be furnished with the requisite number of men from the counties named in this act, then the deficiency may be supplied from the nearest adjoining counties not named in this act.

SEC. 4. Said troops shall be stationed in detachments of not less than twenty-five men. When the requisite number of men shall have entered this service, and shall take their stations on the outside settlements of the frontier, as nearly as practicable in a direct line from a point on Red River to a point on the Rio Grande River, and thence down said river to its mouth, to be selected by the commanding officer; and the commanding officer shall select the posts at the directions of the governor, in accordance with this act; and such stations shall be, if practicable, about twenty-five miles distant from each other, or so near each other that scouts shall pass over the ground between any two stations once every day. And, further, that the companies, or parts of companies, shall be stationed on that part of the frontier in which they have been enrolled, and that the posts on Red River shall be supplied with additional force of not less than twenty-five men; and the company designated in the third section of this act, to be raised in any part of the State, shall be in readiness to report to any part of the line the governor or commanding officer may think necessary.

SEC. 5. That the governor is required, immediately after the passage of this act, to commission competent persons, one for every company and district, as set forth in this act, to enroll the number of men for a company, and when at least sixty-four men shall have been enrolled, they shall organize by holding elections for company officers, and the captain elected shall return a muster roll, and make such other reports as may be required by the governor to the adjutant-general's department, and shall, as soon as ordered by the governor, repair to the frontier and perform duty on the plan laid down in this act until otherwise directed by the governor or superior officers.

SEC. 6. The governor shall have power to appoint the field officers, as well as all other disbursing officers, pertaining to said regiment.

SEC. 7. The troops raised under and by virtue of this act shall be subject to the Rules and Regulations of the Confederate States Army, but shall always be subject to the authorities of the State of Texas for frontier service, and shall not be removed beyond the limits of the State of Texas; and that it shall be the duty of the governor to inclose a copy of this act to the Secretary of War and to each of our Representatives in Congress, urging the acceptance of said regiment in the service of the Confederate States as in lieu of one of the regiments now upon said frontier, and as the most effective and economical mode of frontier protection.

SEC. 8. That no portion of said troops shall become a charge against the State until organized as required by the fifth section of this act and placed under orders.

SEC. 9. That an act to provide for the protection of the frontier of the State of Texas, passed February 7, 1861, be, and the same is hereby, repealed, from and after the 1st day of March next.

SEC. 10. The governor shall have power to disband said regiment

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whenever, in his judgment, the services shall no longer be necessary for frontier protection, should the same not be accepted by the Confed erate Government, under the provisions of this act.

SEC. 11. That this act take effect and be in force from and after itspassage.

Approved December 21, 1861.

HEADQUARTERS WESTERN MILITARY DISTRICT,

Col. H. E. MCCULLOCH,

San Antonio, Tex., December 31, 1861.

Commanding Western Military District of Texas:

SIR: I have the honor herewith to transmit for your information a note from Colonel Steele, of General Sibley's brigade. You will readily perceive that the commands of yourself and General Sibley somewhat clash, as General Sibley assumes the command of all the troops on the Rio Grande above Fort Quitman, making his headquarters at Fort Bliss, and styling his command the Army of New Mexico.

Very respectfully, your obedient servant,

B. E. BENTON,

Lieutenant and Acting Assistant Adjutant-General,
Western Military District of Texas.

[Inclosure.]

SAN ANTONIO, TEX., December 31, 1861.

B. E. BENTON, Aide and Acting Adjutant-General:

SIR General Sibley's order, which you have asked a copy of, is packed in my regimental desk, and has gone forward. Its purport is, assuming command of all the troops on the Rio Grande above Fort Quitman, and designating his command as the Army of New Mexico. Your obedient servant,

WM. STEELE,

Colonel Seventh Texas Mounted Militia.

HDQRS. THIRD REG'T TEXAS INFANTRY, PROY. ARMY,
Fort Brown, Tex., December 31, 1861.

Lieut. WM. O. YAGER,

A. A. A. G. West. Mil. Dist. of Texas, San Antonio, Tex.: SIR: Since my last I have had more time to investigate the state of affairs on this frontier and to examine into the condition of the command assigned me for its defense, and I regret to inform you that they are deplorable enough. The difficulties now existing in the neighboring Mexican State of Tamaulipas have so wholly changed the commercial condition of affairs from what they were but a few months since, as to deprive us of many facilities upon which we could then, with a reasonable certainty, calculate and depend. The civil war extends over almost the entire State, and renders intercourse and transportation precarious and unsafe; so much so, that it is with extreme difficulty that the usual public carriers can be prevailed upon to incur the risk of bringing even the necessary supplies for subsistence, and when they do so, it is at large rates and in but small quantities. The presence of

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large hostile forces in such immediate proximity to this post increases our embarrassment in this respect tenfold, as they seize, confiscate, and consume nearly everything.

The quartermaster and commissary of subsistence has used every exertion to procure forage and subsistence; but to obtain more than enough for a few days at a time has been impossible. There is no certainty at any time that a sufficient supply will be on hand for the ensuing issue. To-day we have not a single barrel of flour on hand and not more than a few days' forage, nor can I now see any probability of obtaining more. I have therefore directed him to make a requisition on San Antonio for such stores. These difficulties further embarrass us by paralyzing the efforts of such friendly merchants as are disposed to aid and assist us, much of their means and nearly the whole of their usual facilities being for the time completely deranged. The want of money has, too, been most discouraging and nearly fatal to our interest, the credit of the Government being wholly gone; and, although now supplied with Confederate notes for the quartermaster and commissary departments, they are almost wholly useless, as but few are willing to take them, and those who do invariably charge from 25 to 30 per cent. higher prices for what we purchase than would be the case had we gold and silver; besides, no other currency is at all available in Mexico, from whence we must procure the principal articles needed. Many things needed by us might possibly be procured were we supplied with specie, but those who possess them will not incur the risks attendant upon their delivery when they know we have only paper to give in exchange. These facts, I find from the correspondence of Lieutenant-Colonel Buchel, have been so forcibly urged upon the attention of the commanding general, that it would seem to be almost useless to reiterate them; but I feel so deeply impressed with the certainty that, should an enemy land, these circumstances will so militate against us as to almost compel a withdrawal to the interior.

The hope of a final adjustment of the difficulties in and about Matamoras seems now as distant as ever. For several days they have had but little or no firing, but to-day, I understand, Carvajal has received re-enforcements and a new supply of ammunition. We shall therefore for the next few days be annoyed by their fusillade, which will, as heretofore, result only in noise and smoke.

The desertions from the command have been repeatedly reported by Lieutenant-Colonel Buchel, and since my arrival several have occurred. The condition of the troops is such, that I must candidly confess I am not greatly surprised at their yielding to the inducements offered by the parties on the other side of the river. The most of them are but scantily clothed, and have received no pay; they know the state of the Government's credit quite as well as I do myself, and also the difficulties attendant upon procuring supplies. They are fully aware of the inadequacy of the force now here to resist a force such as the enemy are likely to land with, of the unpopularity of the Rio Grande service, and of the difficulty heretofore experienced in raising additional troops. You cannot therefore, considering all these circumstances, avoid the conclusion at which I have arrived, that cause enough exists to discourage and dishearten them.

Permit me again to urge upon you the absolute necessity of sending forward as rapidly as possible additional infantry companies. We now have here three infantry and three artillery companies, but one of which (Captain Kampmann's) is filled to the minimum established by law, and I see no probability of their being filled up unless recruits can be sent down from the interior.

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[Inclosure.]

Brief of opinions as to tenableness of Fort Brown, near Brownsville, Tex.

Capt. H. Wilke, Provisional Army, Confederate States, describes the fort as a field work of six bastion fronts, its line of defense 950 yards, requiring a garrison of 2,000 men. It is in a very dilapidated condition. Present armament is five iron siege 24-pounders; two iron ship 18pounders; six brass 12-pounders; two iron 6-pounders (not mounted); four iron 8-inch siege howitzers; one 24-pounder brass howitzer; one 10inch iron siege mortar, and is not deemed sufficient for defense. Estimated work to be done, to put the place in a state of defense, 500 laborers for three months. Capt. F. J. Parker, Third Infantry, C. S. Army, gives it as his opinion that the fort is untenable, on account of location. Col. P. N. Luckett does not agree with Captain Wilke as to the amount of labor required, but does not consider its defense advisable. Captains Marmion, Kampmann, and Buquor do not consider the fort tenable. Captain Creuzbar considers the fort tenable for fifteen or twenty days against five times the garrison, provided 5 days' labor of said garrison is bestowed upon it.

HEADQUARTERS ARMY OF NEW MEXICO, A. G. O.,
Fort Bliss, Tex., January 3, 1862.

General S. COOPER,

Adjutant and Inspector General C. S. A.:

GENERAL: I have the honor to report that in view of the importance of establishing satisfactory relations with the adjacent Mexican States of Chihuahua and Sonora, I have ordered Col. James Reily, Fourth Regiment Texas Mounted Volunteers, to proceed to the capitals of those States, for the purpose of delivering to their respective governors the communications which I have addressed to them, and of conferring with those officials in person upon the subjects of those communications. On the 21st day of December I forwarded to you copies of the principal communication above alluded to. I have now the honor of inclosing copies of my letters accrediting Colonel Reily to those functionaries, and also of my instructions to him in regard to the duties assigned him in this mission.

Colonel Reily left these headquarters for the city of Chihuahua on yesterday, the 2d instant. The result of this mission, when known, will be promptly communicated to you.

I have the honor to be, general, very respectfully, your obedient servant,

H. H. SIBLEY, Brigadier-General, P. A. C. S., Commanding.

[Inclosure No. 1.]

HEADQUARTERS ARMY OF NEW MEXICO, A. G. O.,

Fort Bliss, Tex., December 31, 1861.

Col. JAMES REILY, Fourth Regiment T. M. V.:

COLONEL: The general commanding directs me to communicate to you the objects he has in view and which he purposes to effect through the mission for which you have been selected.

Your first duty will be to proceed to the city of Chihuahua and deliver

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