Benjamin Franklin Terry (1821-1861) was born in Russellville, Kentucky, the son of Joseph R. and Sarah D. (Smith) Terry. After his parents moved to Mississippi, they divorced and Benjamin moved to Texas with his mother, settling with her brother, Maj. B. F. Smith, in Brazoria county. When he was 20, Benjamin inherited his mother’s Texas estate, consisting of over 2,000 acres of land on the Brazos River along with 18 slaves. In the early 1850s he formed a partnership with William J. Kyle and received a contract to construct the first railroad in Texas—the Buffalo Bayou, Brazos and Colorado Railway. They used slave labor to construct the road. Later, during the Civil War, Terry organized and led the 8th Texas Cavalry (the legendary “Terry’s Texas Rangers”). He was killed in the first battle fought by the rangers near Woodsonville, Kentucky on 17 December 1861.

The letter was addressed to John Coffee “Jack” Hays (1817-1883), a former Texas Ranger and colonel of the 1st Regiment Texas Mounted Riflemen in the Mexican-American War. His men were scouts for Generals Zachary Taylor and Winfield Scott. After the war, Hays left Texas, leading a party of Forty Niners from New York that traveled in wagons to California from Texas. This party pioneered a shortcut on Cooke’s Wagon Road that saved a long journey to the south. That improved route became known as the Tucson Cutoff. Hays was elected sheriff of San Francisco County in 1850, and later became active in politics. In 1853, he was appointed US surveyor-general for California.

Terry’s letter of January 1849 to Hays requests the opportunity for himself and several other men and their slaves to travel overland from Texas to California in a party to be led by Hays. It isn’t known if they made the journey with Hays or not. If they did, they did not stay for they were in Texas at the time of the 1850 US Census.

T R A N S C R I P T I O N

Oyster Creek, Brazoria county
January 14th, 1849

Col. J. C. Hays,

Sir, having heard it rumored that you are making up an expedition for California, I take the liberty of addressing you on the subject. Col. Kyle, myself and several others here wish to go and are ready to start now. We would have started in a few days via Chagres but having learned that there are a large number of persons (six thousand or more) congregated there and at Panama waiting for passage down—more probably than will find conveyance in the next six months—we have changed our route.

We all know you well from character and would like to go with you and as we have now concluded to go by land, you will do us a favor by writing me on the receipt of this letting me know if you are going, when you start, what route you are going, how many men you wish to start with, and how many you lack of that number, what are the necessary equipments, &c. &c. &c. Col. Kyle and myself will take part of our negroes (fellows of course) with us. ¹

If you are not going, will you be kind enough to let me know what route, in your opinion, is the best, the earliest time we would be able to start to find sufficient grass for our horses, &c. Do you know a guide you can recommend? Hoping to hear from you soon, I am very respectfully yours obedient servant, — B. F. Terry

P. S. Please direct your letter to Houston.