scattered along an Indian frontier, which could be securely guarded by one-fourth their number, aided as they could be by the Reserve Corps from all the frontier counties. They are also held by the State in direct violation of the enrollment, acts, and to that extent those acts are practically nullified. I sent Major West, assistant adjutant-general, of my staff, to confer with Governor Murrah and the legislature, then in session, with a view of securing these men to our armies. The legislature declined the inclosed propositions offered by me, and as I cannot force these persons into Confederate service without a collision with the State authorities, and as the governor informs me in one of his letters (inclosed) that the Senators, from Texas intended laying the matter before Congress, I have agreed with His Excellency the Governor to defer all further action until your determination in the matter was received. I now most respectfully ask for instructions as to the enrollment assignment, &c., of conscripts from the frontier counties of Texas now connected with the State organization.

I have the honor to be, most respectfully, your obedient servant,

E. KIRBY SMITH.

General.

[Inclosure Numbers 1.]

CHAPTER XXXVI. - An act to provide for the protection of the frontier and turning over the frontier Regiment to C. S. service.

SECTION I. Be it enacted by the legislature of the State of Texas, That all persons liable to do military following who are at the passage of this act bone fide citizens of the following line of counties, and all counties lying north and west a said line, to wit, Cooke, Wise, Parker, that part of Johnson west of the Belknap and Fort Graham road, Bosque, Coryell, Lampasas, Burnet, Blanco, Bandera, Median, Kendall, Atascosa, Live Oak, McMullen, La Salle, Dimmit, and Maverick shall be enrolled and organized into companies, not less than twenty-five or more than sixty-five men, rank and file.

SEC. II. That it shall be the duty of the governor, immediately after the passage of this act, to cause the counties designated in the preceding section to be divided into three districts, as nearly equal in territory and population as may be, in each of which districts he shall appoint a suitable person, with the rank and pay of major of cavalry, who shall be the ranking officer of the district to which he is appointed, and which officer shall be charged with the organization of the men subject to duty in his district, and with the control of the companies when organized and the defense of the same, as provided herein, and under such other regulations as the governor may prescribe.

SEC. III. That the commissioned officers of each company of fifty men or more shall consist of one captain and two lieutenants; if less than fifty men, two lieutenants. The non-commissioned officers shall consist of one sergeant and one corporal for every ten men.

SEC. IV. That each member of a company shall be required to keep himself furnished with a suitable horse, gun, and ten days' provisions, and all necessary equipments (including ammunition).

SEC. V. That no person who is not an actual resident in good faith of the frontier district, herein specified, at the passage of this act shall be a member of the organization provided for by this act; and it shall be the duty of captains of companies, and of the commanding officers of the several districts, to exclude non-residents of the frontier district from membership in said organization; and in case of doubt, strict and full proof under oath shall be required to the satisfaction of the officers.