In 1824, Milam went back to Mexico which had newly adopted the Constitution of 1824 under a republican form of government.   In that same year, Milam was granted Mexican citizenship and became a colonel for the Mexican army.  "In 1835 Milam went to Monclova, the capital of Coahuila and Texas,qv to urge the new governor, Agustín Viesca,qv to send a land commissioner to Texas to provide the settlers with land titles", in which Viesca agreed (Handbook of Texas Online).  However, the Mexican governor had been overthrown by Antonio López de Santa Anna before Milam could Monclova.  Milam and Viesca fled the city to Monterrey where they were captured and imprisoned.  Milam escaped and reached the Texas border in October 1835 where he "accidentally" met George Collinsworth whom commanded the company of solders stationed on the border.

Collinsworth told Milam of the campaign (Golidad Campaign of 1835) for the independence of Texas, in which Milam readily joined their crusade.  They captured Golidad and moved on to San Antonio to join the main army. On December 4, 1835, Milam returned to the camp after a scouting mission and "he learned that a majority of the army had decided not to attack San Antonio as planned but to go into winter quarters" (Handbook of Texas Online).  Milam knew that this decision would end the progress of the independence of Texas.  "Milam then made his famous, impassioned plea: 'Who will go with old Ben Milam into San Antonio?'" (Handbook of Texas Online). Three hundred men volunteered and attacked San Antonio at dawn on December 5th.  On December 7, Milam was killed by a single shot to the head by a sniper.  The battle ended on December 9th, where General Martín Perfecto de Cos, commander of the Mexican army, surrendered.

 A monument was placed on the grave site of Col. Benjamin Rush Milam in Milam Park, San Antonio, in 1897 by the Daughters of the Republic of Texas.  Unfortunately in 1976, the marker was removed and Milam's grave was forgotten.  In 1993, archaeologists unearthed a burial which is believed to be the grave of Col. Benjamin Rush Milam.

At the San Jacinto Museum of History - Albert and Ethel Herzstein Library, are manuscripts of the Milam - McKinney Family Papers (1809-1940), this is Manuscription Collection MC040.  To learn more about these papers and other Texas history, please visit the San Jacinto Museum of History.

The bell on the courthouse lawn is in memory of the servicemen from Milam County who fought in the Confederate Army during the Civil War, as well as, their supporters from 1860 to 1865.

The actual marker next to the bell reads:  "In memory of the 670 men from Milam County who served in the Confederate Army during the war between the states and those who supported them on the home front during the years 1860-1865.  Against the most tremendous odds that Americans have ever faced in battle.  These men stood steadfast with their comrades in the Confederate Army for 4 years.  Those that survived the war returned home to Milam County to work to help make Texas the Great State it is today."  The bell and plaque were placed in 1986 on the courthouse lawn for the 150th anniversary of Texas by the Milam County Sesquicentennial Committee,




The Milam County courthouse was designed by Larmour & Watson and was built in 1892, which cost $75,000 to build.  Originally the courthouse had a clock tower which was deemed unsafe and removed in 1938.  The courthouse is constructed of "native stone" and has a Renaissance style.  The north and south sides of the courthouse are identical, as well as, the east and west sides are identical to each other.  The clock tower was viewable from all four sides of the courthouse when it was perched under the curved roof.  The statue that sits atop the courthouse is the Goddess of Justice which represents the function of the courthouse - to carry out and maintain the law of the county.  The original Goddess of Justice statue is stored in a safe place and was removed in the 1930's due to at least one "sharp-shooter".  The statue that sits atop the courthouse now is a replica of the original.

The current courthouse is actually the fourth to have been constructed for Milam County.  The first, of course, was small like many courthouse's across the nation.  On April 9, 1874, a fire destroyed the second courthouse and all records in it.  Thus, this has made genealogy and other research endeavors hard since all documents were lost in the blaze.  The Phillips Hotel (no longer exists) was rented by the county to serve as a temporary courthouse until a new was built.  In 1875, a brick courthouse was built but it had many problems, such as, a leaky roof and the fireplace in the judges quarters smoked.  A grand jury in 1899 deemed the brick courthouse unsafe and a the search for contractors began.