War of the Rebellion: Serial 041 Page 0857 Chapter XXXVIII. CORRESPONDENCE, ETC. - UNION.

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I have sent to San Fernando, I have the intention of occupying King's ranch.

Matters are fast coming to a crisis in Matamoras. All compromises appear to-day to have failed, and it appears certain there will be a fight.

I have the honor to remain, &c.

N. J. T. DANA,

Major-General.

[Inclosure Numbers 1.]

STATE OF TEXAS, EXECUTIVE DEPARTMENT,

December 14, 1863.

Major General N. J. T. DANA, Headquarters:

GENERAL: Having been informed that a young man, now in this city (Mr. Pendergrast), had witnessed the murder of Captain William W. Montgomery near this place in March last and that one of the party engaged in the murder was in Matamoras, I caused the said Pendergrast to come before me on the 11th instant, when, after hearing his statements and affidavit, embracing the material facts, was drawn up, which was sworn to and subscribed by him (a copy of which you will find inclosed.) On the same day I addressed to His Excellency the Governor of the State of Tamaulipas a communication, accompanied with a copy of the affidavit, demanding the body of the party, Dick Hamilton under and by virtue of the extradition treaty of 1861, between the United States and Mexico.

Yesterday I was notified by the Governor of Tamaulipas that the party had been arrested under my requisition, and would be delivered to my order at 9.30 p.m.

I believe that you are already informed unofficially that he was delivered according to the understanding had with Governor Serna.

I now have the honor to give this official information, and to say that I propose to turn the party over to your hands, to be dealt with as justice may demand. He is doubtless a proper subject for trial by either a civil or military tribunal but inasmuch as Captain Montgomery was in the military service of the United States at the time of his murder and his murderers in the rebel service, it seems to me there would be fitness in having him tried by the latter.

I herewith send inclosed a copy of my commission as Military Governor of Texas, and instructions from the Secretary of War,&c.,* as I promised yesterday evening.

I have the honor to be, your obedient servant,

A. J. HAMILTON,

Military Governor of Texas.

[Sub-Inclosure.]

THE STATE OF TEXAS,

County of Cameron, ss:

Personally appeared before me, J. B. McFarland provisional judge, Richard Pendergrast a citizen of Brownsville, Cameron County, who deposes and says that on or about the - day of

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, A. D. 1863, he witnessed in the said county the murder of Captain William W. Montgomery by a band of armed men, numbering some 7 men, among whom was one Dick Hamilton, who is now, or was a day or two past, in the city of Matamoras, Mexico. The murder of said Montgomery was effected by

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*To be published in Series III.

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