APPENDIX NO. IV.

DR. SINNICKSON'S STATEMENT ABOUT THE "WHITE FLAG" AT THE BATTLE OF MIER.

When I was taken prisoner (at the Battle of Mier), I was immediately conveyed to General Ampudia, the commander-in-chief of the Mexican army then there, who, after interrogating me, through the medium of an interpreter, respecting the numbers of the Texian force, and the name of their commanding officer, ordered that I should bear a flag to Colonel Fisher, demanding an immediate surrender. Perceiving that I gave no reply, and evinced no disposition to obey such an order, he said that it was useless for me to refuse, as I should be compelled to do it. He seized me by the shoulder, while Colonel Carasco laid hold upon the other, and forced me to the corner of a street leading in the direction of our troops, dictating at the time the following message to me, to be delivered to the Texian commander, viz: "Say to Colonel Fisher that he must surrender with his whole force in five minutes, or I will cause them all to be put to the sword, and give no quarter - to accomplish this, I have 1700 regular troops, and look every moment for a re-enforcement of 800 - and that, if he will cause his troops to lay down their arms, and surrender in that time, their lives shall be spared, and they shall be treated with all the humanity and deference due them as prisoners of war; and, furthermore, I will exercise my influence with the supreme government to prevent their being marched to the city of Mexico, but to have them retained east of the mountains until they are released or exchanged."

Accompanied by a Mexican soldier, as I entered our lines I discovered Colonel Fisher, who, when he perceived me, advanced a short distance to a low stone wall. When we met, I informed him that I had been compelled to bear a flag with a verbal message to him, and while relating the purport of it, the incessant discharge of musketry prevented him from hearing: motioning for me to remain silent, he gave orders for the firing to cease. So soon as it had discontinued, he turned to me and inquired, "What does this flag mean?" I then repeated what has been stated above. After concluding, I watched closely and eagerly for a reply. Without saying a word, he cast his eyes upon the ground as if undetermined, and endeavouring to decide upon what course he should pursue. Meditating in this position for a brief period, he at length came to some conclusion, when he leaped the wall and advanced to the position occupied by Cameron and Ryan's companies particularly, without taking any farther notice of me, either by word or sign. I instantly followed to [475] await his instructions. He called together a council of his officers, at which time the Mexican officers took the opportunity to venture within our lines. What occurred from this time you had an opportunity of becoming as well acquainted with as myself.

The preceding, sir, is a brief statement of facts, as they transpired between the colonel and myself. I do not wish to increase the length of this paper so as to become wearisome to the reader, yet I cannot conclude without mentioning some circumstances relative to this matter that, I trust, will enable the reader to arrive at a just and impartial opinion. I presume it is well known that during an action, when an order is given by an officer to his inferiors in rank, and the obedience of which is necessary in securing the safety and success of a body of men, that a disobedience most frequently is considered as a direct violation of the regulations of the military code, and renders the offender liable to the severest punishment that can be inflicted upon him, instantaneously, and that without the convening of a military court. Had I voluntarily disobeyed any order that Colonel Fisher states he gave me, why did he not enforce upon me the penalty as the results of its violation? He held a pistol in his hand at the time, and would have been held justifiable in making immediate use of it upon me.

Again: Does it not appear improbable that he should have commanded me to return with the