\vm\ ^- \"\, \.- . -d <^ LIBRARY THE UNIVERSITY OF CALIFORNIA SANTA BARBARA PRESENTED BY MRS. GEORGE CLIFFORD \ "i^Z. t^'v ^^.^Cet^^ HISTORY OF TEXAS FORT WORTH AND THE TEXAS NORTHWEST EDITION EDITED BY CAPT. B. B. PADDOCK VOLUME I THE LEWIS PUBLISHING COMPANY CHICAGO AND NEW YORK 1922 COPyRIGHT, 1922 THE LEWIS PUBLISHING COMPANY OAINIA CAHBAltA 38 b V.I The i'UBLISHERS In behalf of tiis friends in Texas Dedicate these Volumes TO CAPTAIN B. B. PADDOCK January 22, 1841 January '', 1922 No Citizen of Athens IN Hkr Greatness Surpassed Him IN Loyalty and Devotion to City and State .S. ilASTIXCS Major Richard I". Burgess BuooKii Smith Jlu.v. 11. P. Brelskord ^Iakio.n Sa.nso-M Hon. W. I'. Sebastian J. A. Kemp W. H. FUQUA PREFACE These viilunies are the result of plans fonmilated early in 1920 to piihlish a concise general history of Texas, supplemented by an account, more restricted in geographical scope, and with greater local detail, on l-'ort Worth and the Texas Northwest. In planning the publication Captain B. B. Paddock as editor took an active interest from the first. Week after week, and at each successive stage of the enterprise, his interest increased. While he had agreed to do no writing, his enthusiasm, amid the intervals of pain, led him to attack first one subject, then another, until eventually nearlv all the matter published in the second volume had been dictated by him or compiled and edited under his personal supervision. He regarded it as a duty he owed the city and state he so ardently loved that he should say, while strength and time permitted, what he could say regarding men whom he considered founders and builders, and measures and activities in which he had participated. It should be added, that he was especially concerned that the rewards of honor be justly parcelled among all who merited them and whose representation he could by utmost diligence secure The publishers feel justified in emphasizing the services rendered by Captain Paddock, and ascribing the merits of the publication to him. But had he written a preface he would have made acknowledgment of the many personal sources, by correspondence and otherwise, from which he had obtained data. The members of his .Advisory Editorial Board are represented by portrait groups. CONTENTS CHAPTER I Introductory 1 CHAPTER II Colonization' hv Americans 7 CHAPTER HI The Colonization System 17 CHAPTER TV The Fredomax War 21 CHAPTER \' General Survey of the Texas Colonies 28 CHAPTER \T F. W. Johnson's Rkminlscences 47 CHAPTER \T1 Federal Relations 68 CH \I*T]'.R VIH Conventions oe 1832-33 82 CHAPTER IX Austin's Mission- 88 CHAPTER X State of Coaiiuila-'I'icxas, 1833-35 93 CHAPTER XI I'all of Anahuac 108 CHAPTER XH The Struccle Between Conservatues and tiii" War Party.... 118 CHAl'Tl'.R XIII Battle of Gonzales 1 54 vii viii CONTF.N'IS CHAPTER Xl\' THK CONSULATIO.N OF 1835 173 CHAPTER XV Ihi. I'kovisioxal Govekxment 199 CHAPTER XVT Tm-; Cai'titrk ok San Antonio 225 CHAPTER XVH The Matamoras Expedition and the Quarkki. lii/rwEEx the Governor and the General Council 245 CHAPTER X\[ll The Declaration of Independence and the Establishment of the Republic 266 CHAPTER XIX The 1'\\ll or the Alamo 275 CHAPTER XX Johnson and Gkaxt and Fannin 297 CHAPTER XXI San Jacinto Campaign 308 CHAPTER XXII The Republic of Texas 323 CHAPTER XXI II The Tkanshion irom Republic to State 350 CHAPTER XX1\' Texas in the Mexican War 357 CHAPTER XX\" TiiK Tkxas-Xkw Mexico Boundary ^61 CHAPTER XX\ 1 'liir. Public Debt 366 CHAPTER XXVn Prosi'kkitv and Progress, 1846-1860 369 CONTENTS ix CHAPTER XWIII BoRDKR AMI l-RoNTiKK TRorni.Es. 1849-1860 375 ch.-\i'T1-:k xxix Poi.fras. 1851-1860 387 CHAPTER XXX Secession 396 CHAPTER XXXI Texas in tiik War 406 CHAPTER XXXII Recoxstrictiiin- 416 CHAPTER XXX III Raduai. Rri.i; and Its Overthrow 429 CHAPTER XXXIV Aktkr War and RrxoxsTRUcrroN 441 CHAPTER XXXV Men AM) Mkasures 475 CHAPTER XXXVI Railroad IUii.dixi; and General Development 507 CHAPTER XXXVII I'riU.ir Hir.IIWAYS 517 CHAPTER XXXVIII Till. I.ivi: Stock Industry 525 CHAPTER XXXIX Minfrai, Ri-sorRCEs 547 CHAPTER XI. Petroleu m 562 CHAPTER XI, I TiMliKR AND I I'MIIKR 575 X CONTENTS CHAPTER XLII Irrigation 577 CHAPTER XLHI The South Plains of the Texas Panhandle 583 CHAPTER XLIV Public Instruction 591 CHAPTER XLV l-'oRT Worth Beginnings 599 CHAPTER XLVI Fort Worth Becomes a City 608 CHAPTER XLVII Educational Facilities 615 CHAPTER XLVTII Public Service Organizations 623 CHAPTER XLIX The Courts. Bench and Bar 630 CHAPTER L Institutions and Organizations 632 CHAPTER LI Fort Worth Indttstries 657 CHAPTER LI I \\'ar Activitu:s ni- Fort Worth 680 CHAPTER LlII Pioneers and Builders 683 The Texas Northwest — County Subdivisions 701 Reminiscences 870 INDEX Ab initio controversy, I, 418, 419 Ab initio question, I, 425 Ab initio views, I, 423 Abbott, lo, II, 501 Abilene. II. 84.?. 844. 845 Acme Brick Company, II, (j/O .■\d interim government. I. 27,>, .324 Adams, Francis, I, Zl , 6,i Adams, H. J., Ill, 74 Adams, Thomas P., Ill, 129 Add-Ran College, II, 620, 689 Agee, Howard L., Ill, .?29 Agee Screen Company, II, 676 Agricultural and Mechanical College, II, 459, 482 Agriculture. IT, 452. 458. 577: in South Plains. II. 58.3 Agua. Dulce. I, 298 Alabama Indians, I. 378 Alaman. Lucas, I, 71 Alaman's Report on Texas. I, Ti Alamo, The, I, 36, 37, 54, 226, 234, 235, 237, 275, 288; fall of the. T. 275; plan of I, 287 Alamo Canal. I. 170 Albany, II, 826 Alexander. Jacob, IV, 731 Alexander, Julia D.. IV. 731 Alexander. W. W.. Ill, 147 Alexander Lumber Companv, II. 671 Alford, Robert W., Ill, ,346 ' Alford's School II, 617 Alfred, L 124 Alien ownership of land. IT. 471 All-Church Press, II, 656 All Saints Hospital, IT, 646 Allday, Martin L.. IV. 373 Allen, A. C, T, 127 .Mien, Ebenezer, I, .347 .Mien, Eugene S.. III. 17 Allen. T. K.. I, 65, 127 Allen. "Martin. I, 123 Allen, Reece S.. Ill, 86 Allen. Samuel P.. L 63, 78 Allen, S. R, I. 187 Allen, S. T., I, 173 Allen. Thomas R.. IV, 414 .MIev. lohn. I, 120 Allev, Captain. I. 163 •Mlc'v, William, I, 124 Allison. Bruce. III. 253 Allison. James H.. II. 655; IV. 740 .Mmontc's report on Texas, I. 28 Alpine. II. 712 Alvarado. II, 779, 783 Amarillo, HI, 513, 585, 812, 813, 814 Ambler, E. T., IV, 661 American invasions, early, I, 6 American National Bank, II, 632 American party, I, ,3.38; II, 500 Anahuac, T, .30, 62, 63, 77, 78, 80, 108 109; fall of, I, 108 Anderson, Austin P., Ill, 346 Anderson, A. J., Ill, 110 Anderson, J. L, II, 601 Anderson, Neil P., II, 602 Anderson, N. P. & Company Building II, 658 Anderson, William W., IV, 615 Andrews, Walter R., IV, 468 Andrews, Warren P., Ill, 308 Andrews county, II, 703 Annexation of Texas, I, 328, 3.34, 343, 344, 345, 346 Anti-Trust Law. II. 482, 497 Archer, B. T., I, 78. 149. 160. 187. 192 198, 216. 218 Archer City. II, 70S Archer countv, I, 369,; II, 703 "Archive War." I, 3.34 Argyle, II, 738 Arlingrton, II, 838 Arlington Heights, II, 635 .•\rmour & Co., 659, 662 Armstrong, George W.. IV, 726 .\rmstrong, George W. & Companv, Inc., II, 666 Armstrong, M. L., I, 401 Armstrong, Ramsev C. Jr.. Ill, 62 Armstrong County,' II, 512, 705 Army, I, 325 Armv of Provisional Government. I. 201. 204 Army of Reserve, I, 205 "Army of the people," I, 211 Armv of the revolution, I, 206 Army ordinance of 1835, I. 259 Arncson, Axel, TV, 402 Arnold, Ripley A., IT, 599 .\rnold-Walden Institute. II, 617 Arrington. William, I. 187 Arrington, W. W., I, 157 Art. loseph L.. IV, 635 Ashe. Eugene, IV, 7.32 Aston, W. Edward, IV, 512 Asylums, II, 480 .•\tascosa county, T, ,369 .Atascosito, T, 43 Atascosita ford, I, 310 .\thens Polterv Companv, II, 670 XI INDEX Aiibrty. II. 738 August. Alfonsc. III. 104 Augustin. Henry, I. 187 Aurora. IT. 859. 861 Austin, Henry. I. 118 Austin, Tames B.. I. 11. 58 Austin. John. I. 58. 80. 82. 93 .Austin. Moses. I. 7: in Texas I. 9; death of, I. 11 Austin, San Felipe de, I. IS. 26 Austin. Stephen F.. I. 7. 8. 12. 14. 15. 21. 25. 26. 32. 41. 57. 59. 68. 75. 82. 84. 86. 87. 88. 98. 150. 152. 154. 155. 162. 163. 173. 186, 189. 192. 214. 216, 218. 221. 226, 227, 266, 324. 343; II. 11: mission to Mexico in 1833. I. 88: atti- tude toward Mexico, I. 91 Austin, William E., Ill, 154 Austin, \V. T., I, 127, 149, 160, 169. 235. 241. 309 Austin citv. I. 331. 3.33, 350. .^7^. 476 Austin College. II. 595 .Austin's colony, location. I. 13. 15: land distribution. I, 14; 29, 41 Australian Ballot System, II, 483 Automobile .Association of South Texas, II, 518 Automobile Factories. II. 665 Axtell. Fred W.. TV. 391 .Axtell Company, II. 676 Baber, James M., IV, 625 Bachman, Grover C. IV. 616 Bacon. John. IV. 661 Bacon. Sumner, IV, 659 Badgett, Jesse B„ I, 271 Baglev, W. H.. IT. 655 Bailey, Joseph W.. IT. 499. 502. 505 Bailey county, II. 707 Bailev investigation. II. 503 Baird. IT. 717 Baker. Alonzo L.. IV. 623 Baker. A. T.. II. 490 Baker. Daniel. II. 595 Baker. Tames B,. TV. 378 Baker tohn W.. IV. 747 Baker. Mars N.. TIT. ,37 Baker, Moselv, I, 127, 1.35, 162. 174. 310 Baldridge. W. H., IT. 617 Ball, David, TV, 676 Ball, Ed, TIT. 237 Ball. F. W.. IT. 608 Ball. Thomas H., II, 498 Ballard, Edward R., TV, 453 Ballard, J. J.. ITT, 177 Ballinger, IT, 508. 821. 822 Ballinger. W. P. IT. 477 Bandera county, I, 469 Bankers & Merchants Petroleum Co.. III. 131 Bankhead Highway. II. 521 Banks. I, 352. 632; of Wichita FalU. IT. 856 Baptist Theological Seminary, II, 615 Barbed wire, IT, 457, .5.36 Bardon. John. IT. 601 Barker. Bob. TV. 588 Barker. J. D., TV', 497 Barnard, Tack C. IV. 612 Barnes. Evan J.. IV. 379 Barnes. Lee A.. TIT. 1()() Barnett. G, W., I, 271 Barnett, Thomas, 1, bO, 186, 271 Barnett, W. Young. III. 200 Barr, Clinton, III, 261 Barrett. D. C. I. 118. 1.32. 1.34, 187. 108. 215 Barron Field. 11. 681 Barry. James, I, 385 Bartlett, Jesse. I 123. 134 Barwise. Joseph H., Ill, 5 Baskin. Albert J.. III. 248 Bastrop. I, 45. 118; II. 552 Bastrop, Baron de, I, 10, 15, 41 Bastrop County, II, 547 Bates. Ed F.. IV. 692 Battle of Gonzales. I, 154 Battle of Mission Concepcioii. I, 1()7 Baxter Spring Trail, IT. 531 Baylor, John R., I, 407 Baylor County, I, 369; II, 707 Baylor University. IT. 595 Beall, Elias J., IT, 601, 699 Bean, Bert ].. TIT, 106 Bean, Ellis, I. 22 Bean. Peter Ellis, I, 5 Beard, James A., IV, 674 Beason, B., I. 124 Season's Ford, I, 309 Beauchamp, Thomas D.. T, 83 Beaumont, IT. 562, 563 Beavers, A. J., TIT. 43 Beck, Walter H„ TIT, 32 Beckham, R. E.. IT, 601. 609. 686 Bee. Barnard E.. I, 336 Bee County, I, 369 Beggs, George, Sr,. TV. 451 Belcher. Elbert M., HI, 121 Belew, Levi G., TV, 556 Bell, Albert M., TV, 722 Bell, C. K. IT. 493 Bell, Dean. IV. 522 Bell, James H.. I. 27 Bell. J. H.. I. 119 Bell, Josiah H.. I. 127. 134. 146 Bell, P, H.. I. 363, 375, 377 Bell Countv, I, 369. .382 Benbrook. IT, 842 Benevolent Home, II, 648 Bennett, David C. IT, 601, 632, 700 Bennett. George E.. IV, 585 Bennett. Octavia A.. IV, 585 Bennett, Walter H.. IV. 715 INDEX xiu Bennett. Walter R., 11, 670; HI, 33 Bennett, W. A., Ill, 164 Bennette, Howard, III, 276 Bergman, Max, III, 20 Bernard, Joseph H., I, 306 Berney, Morris E., IV, 516 Berry, Edgar L., IV, 718 Bevil, John, I, 173, 187 Bevil's settlement, I, 30, 44, 175 Bewley, Edwin E., HI, 66 Bewley, M. P., II, 667; IV, 734 Bibb, Sumptcr T., II, 601 ; IV, 398 Big Spring. II, 773, 774 Bilyeu. John R., IV, 743 Bingham. Francis, I, 149 Binns, Xorman N.. HI, 159 Binyon. Roy. HI, 136 Bird, John M., HI, 317 Birdville, II, 475, 600; pioneers. H, 838 Bishop. Otho L., HI, 251 Black republican party, I, 394 Blakeney, James C, IV, 424 Blanco County, I. 369 Bland. John M.. IV, 702 Blitch. John B.. HI, 331 Blount. James P.. IV. 681 Blount. John H., I. 173, 187 Blount. Stephen W., I, 271 Boaz. H. A., II, 618 Boaz, William J., II. 514. 601. 608, 632; IV, 438 Bogart. Sam. I. 401 Bohning, William, IV. 442 Bomar, David T., II, 650; IV, 445 Bond, George D.. Ill, 132 Bonham, J. B., I, 280 Bonner. William N.. Ill, 48 Borden, Gail, I, 152, 185. 213. 218 Borden. John P., I, 59 Borden, Thomas H., I, 59 I'.ordcn County. II. 709 Bosque County. I. 369 Bostaph. FredD., HI, 168 Bottorff, Fred M. HI, 222 Boulware, T. C, II, 601 Boundary of Texas, I, 325. 337 Boundary questions. I, 361 Bowdry,"P. I., II, 601 Bowdry, William P., HI. 152 Bower, John W., I. 271 Bowie. II, 511, 797 Bowie, James. I, 62. 65, 99, 104, 139, 166, 170, 225. 229. 246. 255, 257, 275, 285, 286, 292 Bowles, Delos T.. IV. 582 Boyd. Ellis H., IV, 475 Boyd. Frank D., HI. 62 Boynton, Charles A., II, 499 Bradhurn, J. D.. 1, 43. 62, 63, 78 Bradford, Charles C, III. 197 Bradley, John W.. IV, 436 Bradley, Stephen M.. IV, 539 Bradley, Tom C. HI. 64 Bradly, John M.. I. 83 Bradshaw, James, I, 129 Brady, II. 793 Braswell, Radford O., Ill, 31 Brazoria, I, 29, 40, 81, 93, 98, 160 Brazos, department of, I. 70 Breckinridge. II, 516. 568, 569, 571, 827. 828 Breckinridge, |. C. 1. 395 Breckinridge field. II. 828 Brelsford. Homer P.. HI 320 Brenham. R. F.. I, 339 Brewer, Floyd, III, 308 Brewster County. II, 710 Bridgeport, II. 547. 861 Bridwell, Joseph S.. IV. 615 Brigham. Asa, I. 122 Bright, Marcus M.. HI. 63 Briscoe, Andrew, I. 111. 112. 166. 169 225, 271 Briscoe County. II. 712 Brister, Adjutant, I, 232. 299 Britain, Alexander H.. IV. 588 Britton. Ed S.. IV, 666 Britton. Forbes. I. 378. Britton. W. K.. II. 558 Brock. James A., II, 538 Brooks, S. P., II, 493, 502 Brooks. W. B.. II, 628 Brown, Emmett. IV, 405 Brown, George W., IV, 506 Brown, Henry S., I, 58, 83 Brown, Ira D.. HI. 342 Brown. Jesse M., IV, 523 Brown. John Henry. I, 379, 391, 401, 413 Brown, Joseph H.. II, 574, 601, 667, 685 Brown, P. Walter, III, 278 Brown, Robert F.. Ill, 310 Brown. R. R.. I. 298 Brown County. I. .369; II. 713 Brownfield. it. 585. 847 Browning. J. N., II, 492 Brownrigg, R. T., I, .399; II, 475 Brownsville. I. 380, 381 Brownwood. II, 508, 596, 625. 715. 878 BrufT, Samuel. I. 83 Bryan. Guy M., I, 395, ,397 Bryan. Joseph. I, 173 Bryan, Louis J., Ill, 126 Bryan. Moses A.. I, 169 Bryan. William. I. 323 Bryco, William. II. 666. 670 Bryce. William. HI. 7 Buclianan County. I, 369 Buchncr A. C, I, 57 Bucna Vista, I, 358 Buffalo, II, 545 Buffalo Bayou, Brazos & Colorado R. R , I, .371. .372 Bugg, Benjamin N.. IV. .376 Buie. James .\., Ill, 65 INDEX Bullington, Orville, 111, 100 Bullock, James W.. I, 79 Burchill's School. II, 617 Burdett Oxygen Company. 11, 674 Burges, Richard F., IV, 439 Burkburnett, II, 567, 573, 851, 853 Burkburnett Building. II, 634 Burke, William E., Ill, 332 Burkhart, Charles B., Ill, 173 Burkhart. George W., II, 493 Burks, Joseph B., IV, 518 Burks, Will D., Ill, 274 Burleson, II, 783 Burleson, A. B., I, 385, 475 Burleson, Edward. I, 118, 158. 163, 187. 204, 212, 228, 230, 235, 239. 308. 317. 340, 358, Z7i, 382, 385 Burleson, Rufus C, II, 595 Burnet, David G., I, 20, 27, 44, 58, 86. 125, 130, 178, 187, 273. iZi, 324. iiZ. 420 Burnet County, I, 369; II, 558 Burnett, Samuel B.. II, 540, 632, 665. 874; 111,92 Burney, Hance M., Ill, 14 Burney, I. H., Ill, 14 Burnham. Jesse, I, 83. 124, 186 Burnham's Crossing. I, 309 Burnside, Alfred W., IV, 524 Burnside, J. B., II, 601 Burroughs, George W., Ill, 64 Burroughs, Lewis, IV, 445 Burton, J. W.. I. 271, 331 Burton, W., II. 554 Burton. Willard. II. 601 ; III. 6 Burts, William P., II. 601. 608. 686. 879 Bushong. Elizabeth J.. IV, 748 Bushong. George E.. IV. 748 Buster. John E,. IV. 456 Butcher, Charles M.. IV, 517 Butler. Anthony. I. 7i. 89, 92 Butler, George, I, 83 Byers, II, 719 Byers, Andrew T., Ill, 102 Bynum, W. H., I, 127, 149 Byrne, Henry E., III. 45 Byrne, Thomas S., IV, 591 Byrom, John S. D., I. 173, 187, 271 Cabell. W. L., II, 880 Cabiness, C. C, IV, 618 Caddo. II. 827 Cade, John R., IV, 392 Caldwell. Hershal V.. IV. 707 Caldwell, Matthew. I. 157. 271. .^41 Caldwell, Thomas J., IV. 745 Caldwell. Walter H.. IV. 745 Caldwell County, I, 369 Callahan. J, H.. I. 377 Callahan County. I. 369; II. 716 Callaway. Sam J.. 111. 176 Cahert. Roy P.. I\'. 436 Calvit. A., I, 127 Cameron, John, I, 65, 102. 224. 242 Cameron, R. A., II, 870 Cameron County, I, 369 Carney Spur, II, 739 Camp, L. B., I, 401 Camp Colorado, II. 722 Camp Cooper, II. 866 Campaign of 1835. I, 154 Campbell, Isaac, I. 331 Campbell, Thomas M.. II. 493, 502 Campeachy Indians, 1. 303 Canals, I, 370 "Canary Island" settlers. I, 35 Candy factories, II. 674 Canning factory, II. 673 Cantey, Samuel B., Ill, 151 Cantrell, Robert C. III. 134 Canyon. II. 499 Capital, location of. I. 331. .5.U i7i: controversy over. I. 350 Capitol. I. 37i: II, 458. 463. 478 Capps. William, II. 636. 655. 666 Caps, Sterling B.. IV. 409 Carb. I.. II. 601 Carb. M. R.. III. 31 Carbajal. J. M., II. 63. 135. l.?9 Card. Lewis P., Ill, 368 Carithers. Dan J., IV, 680 Carlock. Robert L., Ill, 57 Carnegie Public Library. Fort Worth. II. 640; IV. 740 Carnes. Henry. I, 237 Carrigan. A. H.. III. 1% Carrigan. Pat. III. 194 Carroll. B.. IV. 381 Carruthers Field. II. 681 Car Shed Convention. II. 484 Carson. Sam P., I. 271. 27i. 311 Carson County. II, 717 Cart War. I. .380 Carter. C. L.. II. 540 Carter. E, H.. IV. 587 Carter. Robert A., III. 182 Casey. Martin. II. 602 Castleman. J. W.. III. 329 Castro County. II. 718 Cattle, II. 457; rtr.-,t registered, 11. 537 Cattle corporations, II. 457 Cattle industry. I, M. .33; II. 456, 481. 511. 525 Cattle Raisers' .\ssociation of Texa<, 11. 542. 868 Cattle trails. II. 458. 528 Chadwick, Captain. I. 305 Chamber of Commerce. II. 651 Chamber of Commerce Building. II, 6U1 Chambers. A, I.. II. 601 Chambers. John T.. IV, 720 Chambers. Thomas J,. I. 59. 77. KM). 103. 104. 205. 408. 412 Chambers County. I. 369 INDEX Champ, J. W., Ill, 17.5 Charbonneau, Alexis W., III. U5 Charbonneau, W. F., Ill, 135 Chase, Ira C. Ill, 144 Chastain, Claud P., IV, 434 Cherokee Indians, I, 22, 24, 175, 192, 224, 330 Chesley, John E„ IV, 505 Chesley, John I., Ill, 318 Chevallie. Major, I, 359 Chevrolet Motor Company, II, 665 Chicago syndicate. II. 478 Chico, II, 860 Childress, George C. I, 268, 271 Chilton. Horace, II. 501 Chilton. William E., III. 148 Chipps. D. Elliott, III. 38 Chisholm Trail, II. 532 Cholera in 1833, I, 64, 93 Chriesman, Horatio. I, 65 Chrisman, Oscar O., IV, 465 Christensen, J. V. C. T., IV, 621 Churches: Fort Worth. II, 636 Churchill, E. E., IV, 737 Cigar Factories, II, 673 Cinnabar, II. 551 Cisco, II, 572, 744, 746. 747. 748, 749 Ci.sco & Northeastern R. R.. II. 516 City and County Hospital. II, 636 City National Bank of Commerce. Wicli- ita Falls, II, 856; HI, 113 Civil war, I. 396, 406 Clarendon, II, 512, 742 Clark, Edward, I, 392. 400, 406. 408. 415 Clark. George, II, 468, 472, 484. 486. 505 Clark. John H., I. 365 Clark, Lee. IV. 467 Clark, L. T., II, 540 Clark, S. George. IV, 592 Clark. William. Jr.. I, 271 Clark, W. T.. I. 434 Clarke, George C. IV. 581 Clarke. W. T., I, 434 Clarkson. Wiley G., Ill, 110 Claude, II. 512. 706 Clay. Henry, I. 12, 345 Clav, Nestor. I. 82 Clav. Wiley D.. TV, 492 Clay County, I. ,369; II. 719 Clayton. George R., IV. 564 Cleburne. II. 461, 508, 779, 780, 781. 782 Clement. I. B., I. 187 Clements, J. D.. I, 198, 252, 254, 257 Clendenen, Andrew J., TIT, 38 Cleveland. John H., IV, 564 Clifford, George H., Ill, 58 Clifford, Nace M., IV, 60S Cline. Walter D.. III. 189 Clopper. Nicholas, I. 44 Clopper's Point. I, 115 Clothing factory, II, 669 Coahuila — Texas Departments. I, 69 ; state government, 1833-35, I, 93 Coal, II, 547 Cobb, Horace H., Ill, 69 Cobb, Leslie M., IV, 404 Cobb Brick Company, II, 670 Cobden, Alexander, HI, 135 Cochran, A. M., II, 481 Cochran, John H., II, 488 Cochran, Lieutenant, I, 384 Cochran County, II, 720 Cocke, William A., II, 503 Cockrell, E. R., HI, 102 Coe, Philip, I, 187 Coffee and Spices, II. 676 Coke, Richard, I, 437; II, 441, 453 Coke County, II. 721 Colbert, C. v., II, 546 Cole, David, III, 174 Cole, Howard S., IV. 735 Coleman. II, 508 Coleman, R. M., I. 187, 271 Coleman, William T., IV, 649 Coleman City, II, 723 Coleman County. I, 369; II. 121 Coleto. battle of. I. 302, 303, 304 Collard, C, I. 187 College of Arts, Denton, II, 740 College of Industrial Arts, II, 7.39 Collett, James D., Ill, 54 Collier, John, II, 840 Collinsville Manufacturing Company, II, 677 Collinsworth, D. C, I. 164 Collinsworth, James, I, 271, 343 Colonial .Administration of Texas. I. 69 Colonial judiciary, I. 93 Colonies in 1825 and 1826. 1. 21 ; general survey of. I, 28 Colonization by Americans, I. 7 Colonization laws, I, 14, 17, 18, 19 Colonization law of Coahuila-Texas, I. 15 Colonization system, I. 17 Colony contracts, list of. I. 19, 30. 59 Colorado, II, 796 Colorado County, I, .380 Colquitt, O. B., II, 493, 495. 502. 6.^4 Colston, J. W., II, 540 Columbia, I. 29, .W. 411, ''8, 111 119 Ml, 127, 146, 147, 208, 323 Columbus, I, 309 Colvin, George H., HI. 11 Colvin, O. v., Ill, 176 Comanche, II, 725 Comanche County, 1. .)69. 384; II. 724 Comanche Indians, I. 54, 330, 378 Comer, Luther B., 111. 57 Commerce of 1806, I, 30 Concho County. I, 369; II. 726 Confederate soldiers from Tc.xa^. I, 407, 408, 409, 413 XVI INDEX Congress ot the Republic. I. 350 Connell. Giles H., Ill, 15 Connell. James F., Ill, 139 Connell. John. I. 83 Connell. Wilson E.. Ill, 161 Connellee. Charles U.. IV. 637 Conner. Earl, III, 335 Conner, Emmett R., III. 356 Conner. John H.. I, 382 Conrad, Edward, I, 268, 271 Conservatives and the War Party, strug- gle between. I. 118 Constitution bv the Convention of 1833, I, 87 Constitution of 1824. support of. I. 78 Constitution of 1876, II, 443 Constitution of the Republic, I, 271 Constitutional Convention of 1875. 11, 442 Consultation of 1835. I. 173 ; members of, I, 186 Conventions of 1832-33, I, 82; of inde- pendence. I, 268; of 1845, I. 351; of Secession. I. 398. 399; of 1866. I. 417; of 1868, I, 424 Cooke, Louis P.. I, 331 Cooke, William G., I, 339 Cooke, William S., III. 352 Cooke Countv. II, 728 Cooper. 1. F.. II. 601 Cooper, J. L.. II. 601 Cooper. Lorenzo D., Ill, 206 Cooper. Vespasian V.. III. 324 Corbett, J. I., II, 491 Corinth, II, 738 Corley. T. Ben, III, 358 Corn, James W., IV, 653 Coronado Expedition, I, 2 Coronal Institute, II, 596 Corpus Christi. I. 357 Corsicana. II. 562. 574 Cortina. Juan N., I. ,381 Cortina's rebellion, I, 381 Coryell Countv, I, 369, 382 Cos, General,"!, 106, 108. 112, UO. 135. 154. 166. 174. 228. 240, 314 Cottle County, II, 731 Cotton. I. 29. 31. 33. 344. 412; II. 458. 668 Cotton acreage reduction. II, 496 Cotton Belt. II. 613 Cotton Belt System. II. 509 Cotton Oil Mills. II, 669 Cotton Seed Products. 11, 669 Couch. Burr W.. III. 13 Council House fight, I. 330 Counties, creation of. I. 356; created from 1848 to 1858. 1. 369; with irriga- tion. II, 580 County of Santa Fe, I, 362 Courtright, Jim, II. 875 Courts. II. 444 Covert. John DcL.. IV, 537 Covert, Joseph S.. IV. 535 Cow Bayou Settlement. I. 44 Cowan. E, P., II. 624 Cowan, Samuel H„ III, 169 Cowart, Robert E.. II. 607 Craddock. John B.. Ill, 85 Crandall, Stewart A., IV, 666 Crane, M. M., II. 486. 490. 492 Crane. William C. II. 596 Crane County, II, 732 Craven, James M., IV.. 729 Crawford, William C, I, 271 Creager, R. B.. II. 498 Crockett. Davy. I. 285. 286. 292; II. 470 Crockett County. II. 732 Crosby County. II, 733 Crosbyton, II, 585 Cross, Wallace J.. I\'. 526 Crowley. II. 842 Crutcher. George W.. III. 338 Culberson. C. A.. II. 456. 473. 486. 488. 489, 490, 502 Culberson County, II. 734 Culbertson. John G.. IV. 619 Cullinan. J, S., II. 562 Cumberland Rest, II. 648 Cummings, C. C, II. 630. 883 Cunningham. Xewton A.. III. 38 Cunningham. Ozro W.. Ill, 287 Cunningham, William F.. Ill, 280 Curiton. C. M.. II. 499, 500 Curlee. Walter S.. III. 51 Curtright, H. C. III. 139 Custom houses in Te.\as. I. 109 Dabnev, Guv, III, 327 Daggett, Bud. IV, 712 Daggett, Elizabeth M., IV. 748 Daggett. Ephraim B.. II. 611; IV. 748 Daggett, E. M.. II. 599. 600, 601 ; IV. 712 Daggett. John P.. W. 749 Dahlman Brothers. II. 601 Dahlman. Isaac. II. 658 Dalhart. II. 735 Dallam Countv, II, 734 Dallas, II. 605 Dalrvmple. W. C. I. 382. 3?.? Darnell. Nicholas. II. 611 Darnell. \. H., I, 354; II. 612 Darrah. Robert R.. III. 74 Darter. W. A.. II. 601 Darter. William A.. Ill, 41 Davenport. .\.. IV. 472 Davenport. George L.. III. 356 Davidson. A. B., II, 494 Davidson, LjTich, II, 500 Davidson, R. V.. II, 494 Davidson, Sam. II. 493; III, 52 Davis .^dministration. II. 441 Davis. "Cyclone." II. 501 Davis. Daniel. IV. 662 INDEX Davis. Edmund J., I. 414. 417. 4-'4, 4.'6. 429.435. 437. 4,?8; 11.477 Uavis. George \V.. I. 187 Davi.s, Joe H.. IV. 703 Davis. Sam W. III. 129 Davis. Theo G.. W. 579 Davis. William Henrv, II. 601. 685 Dawson County. I. 369; 11, 736 Day. Clem H.. Ill, 311 Day. G. H . II, 609 Davton. F. Hannan, III. 267 Dayton, George W.. III. 188 Dayton. James E,. III. 268 Deaf Smith County. II. 760 DeArredondo. Joaquin. I, 9 Deavenport. Berry H.. IV. 677 Deavtiiport. Marv E.. IV. 678 Decatur. II. 510. 859. 861 Declaration of Causes in 1835. I. 189 Declaration of Independence. I. 266. 268 Decree of April 6. 1830, I. 71. 74, 76 Dedmon. Perry G., III. 150 DefTebach. A.. II. 554 DefTebach. Thomas G., III. 178 De Leon. Martin. I, 19. 42. 93 De Leon Expedition, I. 3 Democratic convention at Charlestf)n. I, 395 Democratic ccjnvcntiim>. 1. .587. 4.U, 437; 01 1878. II. 476 Democratic party. II. 475 Denison. II, 507 Denton. II, 739 Denton County, II, 738 Department of Brazos, I, 70 Desdcmona, II. 568, 746 De Soto expedition. I. 2 de Ugartcchea. Dominga. 1, 1118 De \'aca. Cabcza. 1. 2 Dc Vaux. H. A.. III. 194 Devine. Thomas J.. I. 402; II. 4/(i DeVitl, P. M.. I\'. 708 DeWitt. Green. I, 19, 27. 38. 51. 58. 103 157 DeWitt Colon V, I. 1"', 29. .58. 51 Dexter, II, 730 de Zavala, Lorenzo. I. 20. 44, 135, 143, 162. 173. 187. 271, 27?,. 310 Dickens County. 11. 740 Dickenson, Lieutenant. I. 293, 294 Dickenson, Mrs,. 1. 308 Dickinson. Cliarles I,, I\'. 7.56 Dickson, D, C. I. ,588 Diggs. Hubb. III. 1.58 Dill. I. R.. IV. 492 Dillingham. Olic D.. 111. 2;hii). HISTORY OF TEXAS 3 leaving La Salle oiu- small vessel. This, too, was later wrecked. It soon became evident that the Mississipjji did not enter Matagorda Bay, but La Salle could not believe that it was far awaj'. A fort was built some miles inland on the Lavaca River, and a search for the Mississip])i began. The Indians, malaria and their own excesses soon brought the part}' to a desperate state. La Salle was stern, arbitrary and unsym- pathetic and incurred the hatred of some of the worst characters, who murdered him in 1687 near the present site of Navasota,* while he was making his third exjjedition in search of the Mississippi. After La Salle's death the settlement rapidly went to pieces. Some of the party eventually reached the Mississippi and made their way to Canada and France; many died of disease or were massacred by the Indians. When the Spaniards arrived in search of them in 1689 there were less than half a score of si:rvivors scattered among the Indians. The Spanish authorities had learned during the fall of 1684 of La Salle's plan for a settlement on the Gulf, and between 1686 and 1689 four searching parties were sent by sea and five by land to find him. It was only the fifth of the land expeditions that succeeded. Capt. .\lonso de Leon commanded this expedition in 1689 and with him was Father Damian Massanet, a devoted Franciscan missionary. They found the French settlement (Fort St. Louis) in ruins. Several dead lay unburied on the prairie. Clearly the danger of a French occupation for the present was over. Learning that four Frenchmen were living among the Tejas In- dians in East Texas, De Leon wrote to them inviting them to accom- pany him to Mexico. Two of them joined him, and with them came a chief of the Tejas. Missionaries and explorers had long been wishing to get in touch with these Indians, and Father Massanet exerted him- self especially to win the friendship of this chief. He was successful, and parted from him with a promise to return the next year and establish a mission among the Tejfis, the chief assuring him that the Spaniards would be welcome. Spurred by the fear of French encroachment, the viceroyal govern- ment of Mexico approved the proposal of De Leon and Massanet for the establishment of a settlement among the Tejas, and in the spring of 1690 De Leon led a second expedition to the country. Marching first to La Salle's deserted settlement, he destroyed it, so that it might not harbor other intruders, and then proceeded northward to the Tejas. On a small stream .some ten miles west of the Neches and northeast of the present town of Crockett he built a rude log chajiel and left three jiriests and three soldiers to win the region to Christian- ity and to Spain. .\t first the Tejas were peaceful and friendlv, but pestilence and bad crops followed and they became ill-humored and troublesome. Next year priests and soldiers were reinforced from an expedition led by Governor Teran de los Rios, but in 169.3 they aban- *This approximate location of the murder of La .Salle is ilen'vcd from Prof. H. I-". P.dlton. iif tilt UTiiversit\ of ralifoniia. 4 HISTORY OF TEXAS doned Texas, and Spain made no further attempts to occupy the province until fear of the French again arose in 1716. In 1699 a French settlement was founded at Mobile Bay, and in 1712 a French merchant, Antoine Crozat, received from the govern- ment a monopoly of the trade of Louisiana, which was regarded as including all the territory drained by the Mississippi and its tribu- taries. But this field was too restricted for Crozat's ambition. He wished also to trade with the Spaniards in northern and northwestern Mexico. In view of the exclusive commercial policy of Spain, this could be done only by a system of smuggling with the connivance of the Spanish colonial authorities. A man of ability and address was needed to approach the Spanish officials, and Governor Cadillac of Louisiana selected Louis Juchereau de St. Denis, an experienced Indian trader and explorer. St. Denis led a party up Red River tc. the present site of Natchitoches, where he established headquarters for trade with the Hasinai or Tejas confederation of Indians in East Texas, and then pressed on across Texas to the Spanish presidio, a short distance southeast of the present Eagle Pass. In 1714 this post was commanded by Capt. Diego Ramon. To him St. Denis unfolded his proposal, but the captain referred the matter to the viceroy at Mexico and held St. Denis a prisoner. An interesting romance has woven itself around the young Frenchman's sojourn here, but the thrilling details presented by Gayarre and Brown seem to have no other foundation than the fact that St. Denis later married Captain Ramon's granddaughter. The viceroy was considerably alarmed by the French advances, and ordered St. Denis sent to the capital. As the result of personal conferences with St. Denis the viceroy decided to reoccupy East Texas, a measure to which the missionaries had been urging him for years. St. Denis agreed to guide an expedi- tion, and this, with priests, soldiers and settlers, got under wav in 1716. commanded by Capt. Domingo Ramon. The Spaniards were welcomed by the Tejas Indians, who had missed the small gifts with which the missionaries had been in the habit of cultivating their friendship, and during the next few years a group of missions was established around the present towns of Nacogdoches and San Augus- tine. In 1718 San .A.ntonio was founded and became the important Spanish stronghold in this outlying province. In the meantime the French post at Natchitoches grew stronger and in 1719 the Spaniards were compelled to flee to San Antonio for ])rotection. Two years later, however, the Marquis De .A.guayo re-established the settlements and strengthened the presidios, and further relations between the French and Spanish on this frontier were marked by little friction. In 1762 Louis XV ceded Louisiana to Spain, and the international bound- ary moved eastward to the Mississippi, across which faced the aggres- sive English instead of the easy-going French. After the founding of San Antonio Spanish governors and mis- sionaries made energetic efforts to colonize Texas and civilize the Indians. .A.guayo established a post near the site of La Salle's Fort St. Louis in 1721. which after being twice moved was finally fixed in 1749 at modern Golind. The great mission buildings which constitute HISTORY OF TEXAS 5 one of the most impressive historical monuments of the Southwest were constructed near San Antonio, and others of less pretentious character were scattered from Refugio and Liberty, near the coast, as far west as San Saba and Rockdale. Following the French cession of Louisiana the settlements in East Texas were abandoned, but many of the settlers who had known no other home were ill at ease in San Antonio, whither they were moved, and in 1779 Gil Ibarbo led a number of them back and founded Nacogdoches on the site of the old mission of Our Lady of Guadalupe. The permanent results of Spanish activities in Texas to the close of the eighteenth century were pitifully small, but the province was very remote and the Indians were peculiarly untractable. When measured by the results achieved by the United States with a convenient base and incomparably greater resources, Spain's failure to civilize the Indians affords little cause for criticism or surprise. On October 1, 1800, Spain re-ceded to France "the Colony or Province of Louisiana with the same extent that it now has in the hands of Spain, and that it had when France possessed it." On April 30, 1803 — as the treaty is dated — France sold Louisiana, with the same limits, to the United States. What were the boundaries of Louisiana thus vaguely described? Napoleon had instructed General Victor to take possession of the Rio Grande, and on that ground, chiefly. President Jefferson and other prominent statesmen were in- clined to claim Texas. But they were much more anxious to extend the eastern boundary over W'est Florida, a narrow strip along the coast from the Mississippi to the Perdido River, and expected to play the Texas claim against this coveted region. Historians are agreed that the claim to West Florida was baseless, but despite the accidental, temporary character of La Salle's settlement and the deliberate, per- manent occupation of the province by Spain from 1716 onward, the Texas question has not been so easily settled. In 1819 the United States surrendered by treaty all claims west of the Sabine, but many patriotic citizens believed that the government exceeded its constitu- tional power in alienating territory to which its title was good. It was this belief that made possible the demand for the "re-annexation" of Texas in the national 13emocratic platform of 1844. Before the acquisition of Louisiana by the United States Anglo- .•\mericans had already begun to penetrate Texas. For years Philip Nolan, a protege of Gen. James Wilkinson, liad been making occa- sional trips to San Antonio. In 1800 he led a small i)arty into the province for the ostensible ])urpose of capturing wild horses. W^hether that was his sole object is even yet not clear. Toward the end of March, 1801, he was overtaken by soldiers near the present city of Waco, and in the ensuing battle Nolan was killed. His men then sur- rendered, expecting to be sent home from Nacogdoches, but on the contrary they were marched to Mexico, where in the course of time all except Peter Ellis Bean elude the historical vision. Bean joined the revolutionists in 1810, and when Mexico gained its independence he was a colonel in the patriot army. During 1833-1835 he was stationed at Nacogdoches as a sort of Indian agent. 6 HISTORY OF TEXAS In 1812 Bernardo Gutierrez and Augustus Magee. lately a lieu- tenant in the United States army, invaded Texas with a considerable force of American adventurers. Spaniards and Indians. The\' took Nacogdoches in August and Goliad in October. Here Magee died. In the spring of 1813 they advanced on San Antonio and after defeat- ing the Spanish governor in a terrible battle entered the town on .April 1. Gutierrez's brutality to the prisoners alienated many of the Americans, who now abandoned him. The others were decoyed into an ambush by General Arredondo near the Medina River in June and badly defeated. The avowed object of Gutierrez and Magee was to win Texas for the revolutionary party in Mexico. They undoubtedly expected to turn success to their personal profit, but in just what way does not clearly appear. After the signature of the Florida treaty of 1819 by which the United States relinquished its claim to Texas, Dr. James Long of Natchez, Mississippi, led an expedition which for a brief time occu- pied Nacogdoches and proclaimed the independence of Texas. It is somewhat significant that Long, like Nolan, had a connection with Gen. James Wilkinson of the United States army, his wife being Wil- kinson's niece. At the time of Long's invasion the royalist power had almost succeeded in stamping out the revolution in Mexico, and Texas was well defended. Troops advanced from San Antonio, and catching Long's forces in scattered detachments easily defeated and expelled them. Long took advantage of the renewed revolutionary wave in 1820 to return to Texas, but was no more successful than before. In fact, he was taken prisoner and sent to Mexico City, and there a short time later was killed by a Mexican soldier. In a sense Nolan, Magee and Long, with the men whom they led. were but the advance couriers of American expansion. In the first twenty years of the nineteenth century the United States pushed its settled frontier westward to the Mississippi, and crossed that line in Louisiana, which became a state in 1812, and in Missouri, which was admitted in 1820. The natural line of advance to further expansion was toward the southwest. That the adventurous pioneers entered Texas in organized bands rather than as peaceful trappers and settlers was probal)ly due to the revolutionary condition of New Spain from 1810 to 1821, which suggested the pretext of marching in force to the relief of the local patriots. They served tlie purpose of spying out the country and of paving the way for the peaceful invasion of Moses and Stephen Austin and the "crowd of expresarios" who followed them. The opportune attainment of Mexican independence in 1821 imdoubtedly furthered the colonization of Texas from the United States by creating a temporary glow of friendship for the republicans of the north, who had gone through much the same experience with England as had the Mexicans with Spain, and whose liberal institu- tions the Mexicans dreamed of emulating. CHAPTER II COLON IZATIOX 15Y AMERICANS \'iigiiiia liad her John Smith, Maryland her Lalvcrt>, Pennsylvania her Penns, but Texas had in Stephen E. Austin a type of colonizer and slate builder greater than any of them. His personal fortune and his personal safety were both involved in his colonial enterprise ; it was the work of his life. When he died he left the destiny of Texas per- manently shaped. It is with good reason that iiistorians have studied the character and activities of .Austin as the chief source of a correct knowledge of 'J'exas history in the colonial period. Moses Austin was a native of Durhafii, in the State of Connecticut. He came of a highly respectable family, received a liberal education, and was regularly bred to the business of merchandise. He was a man of uncommon sagacity and of an enterjjrising character. He began life as a merchant, in the city of f^hiladelphia. He afterwards removed to the city of Richmond in Virginia, and subsequently purchased the lead mines, known as Chissel's mines, on New River in Wvthe County in Stephen F. Austin that slate. Here he engaged extensively in mining and in the manu- facture of lead. He introduced artisans from England, and established the tirst manufactory of shot and sheet lead that was established in the United States. A little village grew up around him on New River, which was called .-Xustinville, at which place Stephen F. .Xustin was born on the 3rd day of November. 179.^. In the year 1797, the enterprising (ii>p(jsition of Moses .Austin led him to explore that portion of U])i)er Louisiana now embraced within the limits of the state of Missouri, which has since become so celebrated for its mines of lead. He procured a concession from the Spanish Govern- ment of a league of land, including what was called the Mine-a-Burton. In pursuance of his determination, he removed his family and a number of laborers to the Mine-a-Hurtoii in the year 17'-*'-'. There were no families 8 HISTORY OF TEXAS residing near the mines, in fact, there were no famihes nearer than St. Genevieve. The Osage Indians were hostile, and Austin experienced, in his new home, all the vicissitudes of a frontier life. It was amidst such scenes as are always presented by a new settlement in the wilderness, surrounded by savage enemies, that the mind of Stephen F. Austin re- ceived its earliest permanent impression. It was in the midst of a thriving community of hardy and enterprising men, where industry was subduing the wilderness, and where civilization was beginning to diffuse its refine- ments, that his character was formed. It will be seen that he was trained in a school admirably suited to qualify him for the difficult part which it afterwards became his duty to perform. In the year 1804, being then in the eleventh year of his age, Stephen Austin was sent to Colchester Academy, in Connecticut, to pursue his academical studies. ■ He remained in that institution, which was then in high repute, for one year. Thence he removed to an academy at New London, where he remained until 1808. He then returned to the West, and became a student of Transylvania University, at Lexington, Ken- tucky, where he devoted himself for two years to his studies, and was distinguished amongst his fellow-students for his intelligence and gen- tlemanly deportment. It was at Transylvania that he formed an inti- mate acquaintance with Joseph H. Hawkins, who afterwards resided in New Orleans, in the practice of law, and assisted Austin in his first enterprise of colonization. In the year 1813, at the age of twenty, Stephen F. Austin was elected to the Territorial Legislature of Missouri from the county of Washing- ton, and was regularly re-elected until the year 1819, when he ceased to reside in the territory. While he was a member of the Territorial Legis- lature he became acquainted with Thomas H. Benton, who was a member of the same body. Mr. Benton always respected him as a man of char- acter and talents, and they maintained a friendly and political correspond- ence during Austin's Hfe. During these years, from 1800 to 1817, Moses Austin had conducted an extensive and profitable business in mining and in the manufacture of shot and sheet lead. He had made very valuable improvements on his property, and had acquired an ample fortune. Misfortune suddenly came upon him in the ruin of the bank of St. Louis, in which he was a large stockholder. He was now in his fifty-fifth year. Instead of bow- ing before the stroke he retained a firm mind and a resolute heart. He sent for his son Stephen, and told him that he had determined to surren- der the whole of his property to his creditors. He carried this deter- mination into effect, and then proposed to his son the idea of forming a colony in Texas. The title of Spain to the territory of Texas was about this time estab- lished by the treaty of the 22d of February, 1819, between the govern- ment of Spain and that of the United States. In consequence of this treaty and the territorial rights secured to Spain by it, it became necessary for Moses Austin to apply to the government of Spain, or to the Spanish authority, for permission to colonize in Texas. He accordingly resolved to make the application in person. As a preparatory measure to the HISTORY OF TEXAS 9 enterprise of colonization, Stephen Austin left Missouri in the month of April, 1819, and proceeded to a place known as Long Prairie, on Red River, in the territory of Arkansas. Here he commenced a small farm, intending to make that point the rendezvous of the settlers who were to be introduced into Texas, in the event that Moses Austin succeeded in his application for permission to plant a colony there. Stephen Austin remained in the territory of Arkansas during the greater part of the year 1819 and 1820. In the meantime he received the appointment of circuit judge in that territory. In the autumn of the year 1820, Moses Austin left Missouri and proceeded to Little Rock, in Arkansas, where he was met by his son Stephen. It was then thought advisable to abandon the farming enter- prise at Long Prairie, and that Stephen should go to New Orleans and co-operate with his father, as they might subsequently arrange, and as circumstances might require. Moses Austin proceeded, by the way of Nacogdoches, to visit the Spanish authorities at San Antonio de Bexar. After a very fatiguing and hazardous journey through a wilderness country he reached Bexar in the month of November, and proceeded with as little delay as possible to lay his business before the governor of the province, Don .'\ntonio Martinez. The authority of Governor Martinez was limited, and extended only to the customary local adminis- tration of the province. He was subject to the orders of the command- ant general of the Eastern internal provinces at Monterey, and this office was filled, at that time, by a man of ability and reputation, Don Joaquin de Arredondo. He was the same who, in the summer of 1813. destroyed the revolutionary force, composed partly of Americans, and commanded by Toledo, at the disastrous battle of Medina. Arredondo had given orders to Governor Martinez not to permit foreigners, and especially North Americans, to enter Texas. The governor and the commandant general were not personally on the most friendly terms, and Martinez was cautious not to expose himself to the charge of disobedience to his superior. Mo.ses Austin made his application in per.son to Governor Martinez, and was much surprised and disappointed to find that not only his proposals on the subject of colonization would not be considered, but that he was not received with that courtesy which is expected from a man in high standing to a petitioner. Martinez ordered him to leave the province, and even refused to look at papers which established the fact that Mr. Austin had formerly been a Spanish subject. To parry this blow Mr. Austin endeavored to engage the governor in a conversa- tion more general, using the French language, of which he had acquired a knowledge in Missouri, and with which the governor was also acquainted. His attempt was unsuccessful. The governor's manner was very ungracious, and he peremptorily repeated the order that Austin should leave the province without delay. Austin was not only disap- pointed, but incensed by the tnanner of his reception and dismissal. He retired from the government house, resolved to leave Bexar within the hour. As he crossed the plaza he accidentally met a gentleman with whom he had, many years before, spent a night at a country tavern in 10 HlSlOin Ol'' IKXAS uiic of the Southern .stales. This gentleman was the Baron de Bastrop. When the)' had formerly met they had conversed freely, and had thus acquired some knowledge of each other, both being men of enterprise and much experience. Now, when they unexpectedly encountered in the plaza, their recognition of each other was instant. Indeed, it was said by those who knew him, that the Baron never forgot anyone, and he was himself of so distinguished a figure that it was not an easy matter for anyone to forget the Baron. The Baron de Bastrop was a native of Prussia, and had seen service in early youth under the banners of the great I'Vederick. He was now a Spanish subject and resided in San Antonio. He was a man of education and talents, and was very much respected by the inhabitants of Bexar. He was also initiated into all the mysteries of the government house, was on terms of personal friendship with Governor Martinez, and possessed much influence with all the authorities of the province. Bastrop invited Austin to his house, where the latter, in a few words, explained to him the object of his visit to San Antonio, and informed him of his interview with the governor and of its consequences. The generous temper of the Baron at once inclined him to serve Austin if it were possible for him to do so, and he placed himself in the most earnest manner to make the elTort. He repaired immediately to the governor's house, and informed his excellency that Austin was his friend, and a man of high character and integrity, whose intentions, in coming into the province, were open and undisguised. He represented further to his excellency that Austin's health was broken by recent exjiosure, that he was suffering from fever, and that he could not travel without danger to his life. He begged the governor, as a personal favor to himself, to revoke the order of Austin's immediate departure. The governor list- ened with respect to the Baron's representations, and granted his request in the most obliging manner. The Baron retired, very well satisfied with the result of his first interview with the governor in behalf of his friend .Austin. At the end of a week Bastrop had succeeded, by tlie aid of other influ- ential citizens whotn he had enlisted in the cause, in removing the objec- tions of Governor Martinez to the project of Austin, and in procuring for him from the ayuntamiento of Bexar, a ])roniise to recommend .Austin's propositions for the settlement of 300 families within the limits of Texas', to the favorable consideration of the commandant general. .Arredondo, and the provincial deputation of the eastern internal provinces ; which latter was a body who held their sessions at Monterey, and shared, with the commandant general, the government of the eastern provinces of New Spain. .After yielding his first opposition to .Austin's pro|)Ositions. Gov- ernor Martinez entered very heartily into all his plans, and evinced a sin- cere interest in their future success. It seems that he formed a very favorable judgment of Austin as a man of integrity and of honorable |)urposes. Austin determined to leave San .Antonio without waiting to liear the result of his application to the authorities at Monterey, and to return to Missouri to arrange some pressing matters of business. Gov- ernor ^lartinez promised to give him the earliest possible information of. HISTUKV l)F TKXAS 11 the fate of his application, and took leave of him, .saJ'in{,^ "if you livi- ti> return, you may count on my assistance in every way that duty and cir eumstances will permit." On his return from San Antonio to Natchitoches, Austin was robbed and deserted by his companions, and was exposed to great suffering liefore he reached a hos])itable roof on the Sabine, where he rested for a few days. His weak condition obliged him to rest again in Natchitoches. Here he recovered in some measure his strength, and after informing his son Stephen, by letters, of what had trans]iired. he pursued his journe\ to Missouri. Shortly after his return home, he had the pleasure of hear- ing officially from Governor Martinez that his propositions had been favorably received at Monterey, and that he was at liberty to commence his settlement in Texas immediately. About the same time he procured a settlement of his affairs with the Bank of St. Louis which was more satisfactory than he had anticipated, inasmuch as it left him the ])rospect of beginning his new settlement in Texas with means sufficient to ])ro- vide the stores and mechanical and agricultural implements necessary to such an enter])rise. Moses Austin was now ( in the spring of 1821 ) industriously engaged in making his preparations to retiu'n to Texas. He gave notice, by let- ters, to those whom he expected to accompany him that he would be in .\atchitoches by the latter ])art of May, and that he did not wi.sh to be delayed a single day in ])roceeding on his way to the Brazos and Colorado. Hut it was written in the book of God's Providence that the brave old man should be sjjared the trials and sufferings incident to the further prosecution of such an enterprise as he had conceived. He fell sick about the first of June, at the house of his daughter, Mrs. James Bryan, (later well known in Texas as Mrs. James F. Perry). He died in his daughter's arms, on the 10th day of June. 1821, in the 57th year of his age. The family of Moses .\ustin consisted at the time of his death of his wife, who surx'ived him about three years; of his daughter. Mrs. Bryan, above named; of his son, .Ste])hen, who was then in New Orleans ; and of a younger .son, James Brown Austin, who was then at school in Kentucky, and who was afterwards well known in Texas. While on his death-bed, Moses Austin declared it to be his earnest desire that his son .Stephen should endeavor to have himself recognized by the Span ish authorities in Texas as his re])resentative. and that he shoukl carr\ forward the enter|)rise of colonization. In antici])ation of his father's return from .San .Vntoiiio, and wiili the expectation of meeting him, Stephen had gone, about the first of l-'ebruary, from New Orleans to Natchitoches. Moses Austin had left that ])lace a few days before for Missouri, and the father and son did not meet. .Ste])hen .Austin, however, saw several persons in Natchi toches who had already engaged to go to Texas with his father, pro- vided his a])plication succeeded ; and frfim these persons he learned, as also from his father's letters, the particulars of the trip to -San .\ntonio, the contingencies ui)on which the further i)rosecution of the enterprise depended, and the plans that had been formed for the future. .Stephen .\ustin returned from Natchitoches to N'ew Orleans to await his father's 12 HISTORY OF TEXAS movements. His time in New Orleans wa.-- spent principally in the library of his friend Hawkins, where he devoted himself, with the greatest assiduity, to the study of law. In the month of June he heard from a friend in Natchitoches of the arrival of the commissioner whom Gov- ernor Martinez had sent to meet Moses Austin, to inform him of the confirmation of his grant by the authorities at Monterey, and to conduct him into the province of Texas. Stephen Austin deemed it best that he should hasten to Natchitoches to meet the commissioner, fearing that his father might be unexpectedly delayed. Accordingly he left New Orleans again on the 18th of June for Natchitoches, by the way of Red River. On reaching Natchitoches he received intelligence of his father's death. This was a heavy blow to him, but he met it with the fortitude of mind which, though extremely sensitive, was of fine texture, and not easily subdued bv discouragement. He was nov\- in the twenty-eighth year of his age. He felt that the hopes of his family would center on himself. He resolved to accept the trust which his father, in his dying moments, had bequeathed to him, and to make for his dear and aged mother a new home under a milder sun, where, if she could not forget the pleasant years spent in the old hall at Mine-a-Burton, she might .It least enjov at the hands of an affectionate and dutiful son those comforts and observances with which it was once the pride of a tender husband to surround her. The commissioner sent by Governor Martinez to meet Moses Austin at Natchitoches was Don Erasmo Seguin. He was accompanied by Don Juan Martin de Veramendi, who was afterw-ards lieutenant-governor of the State of Coahuila and Texas. Seguin and Veramendi were both gentlemen of character and experience. Stephen Austin waited on them, was kindly received by them, and had the gratification to hear them express the opinion that the Spanish authorities would interpose no objec- tion to the assumption by him of the character of successor to his father in the enterprise of colonization. He immediately made his arrange- ments to proceed with them to San Antonio. The party, consisting of Don Erasmo Seguin and Don Juan Veramendi and their escort, and .Austin and fourteen followers left Natchitoches about the fifth of July; and after considerable delays in getting fairly equipped for their journey they crossed the Sabine on the 16th and proceeded by way of Nacogdoches and along the old San Antonio road toward Bexar. The party reached the Guadalupe on the 10th of August. From this river three of the Mexi- cans who belonged to Don Erasmo Seguin's escort left them and pushed on to San Antonio, to inform his family of his approach. On the morn- ing of the 12th of August, while Seguin, Veramendi and Austin were eating breakfast, these three men returned, accompanied by several others, and announced the stirring news of the declaration nf Mexican independ- ence. On his arrival in San Antonio, Stephen F. Austin was welcomed by (jovernor Martinez as the proper representative of his deceased father ; and he accordingly made arrangements for the immediate exploration of the country, and the selection of a suitable section for his colony. Moses- Austin had formed the opinion that the country near the Gulf HISTORY OF TEXAS 13 coast and watered by the Hrazu.s and Colorado, was the best suited to his purpose. After a minute and careful examination, Stephen Austin came to the same conclusion, and determined to plant his colony on those rivers. Austin now returned, as speedily as was possible, to New Orleans, and began his operations for the introduction of families into the Province of Texas. Governor Martinez had given him instructions as to the quantit)- of land which should be ])romised to each settler. Austin had formerly agreed with his early friend, Joseph Hawkins, that he would divide with him, in an et|uilable manner, whatever lands he might subsequently acquire in Texas, if Hawkins would assist him in setting his enterprise fairly on foot. Hawkins was a generous and sanguine man, and now entered heartily into Austin's views in regard to the set- tlement which the latter was about to perform in Texas. Unfortunately, however, Hawkins began, about this time, to feel the pressure of pecuni- ary embarrassment, and was not able to render to Austin that efficient aid which the latter so much needed. Bv their joint efforts, however, they fitted out a small schooner, called "The Lively." She sailed from New Orleans about the 20th of November, 1821, having on board eighteen men, with all necessary provisions, arms, ammunition, and farming uten- sils. They had directions to enter Matagorda Bay and to ascend the Colorado River until they found a suitable place, where they were directed to build cabins, to plant corn and to erect necessary defences against the attacks of hostile Indians. Austin left New Orleans the next day after "The Lively" sailed ; he proceeded by land to the Bay of Matagorda, where he expected to meet those who passed over on the schooner. As he passed through Natchi- toches, he collected a party of ten men to accompany him. He had already made publications in the newspapers setting forth the outlines of the enterprise on which he had entered, and inviting colonists to join him. In these publications the terms on which colonists would be received, the amount of land that would be granted to them, and all other necessary particulars, were fully set forth. The fame of Austin's enter- prise had thus gone forth throughout the Southwestern States, and many persons were already approaching the frontier of Texas with the inten- tion to offer them.selves as colonists. By means of agents, Austin caused all such persons to be informed how they should enter the Province of Texas and conduct themselves luitil they could be formally received as .settlers and put into possession of their lands. With this small com- pany, Austin pushed on to meet the passengers of "The Lively" ; but when he reached the mouth of the Colorado River, no traces were to be seen of the schooner or of any of those who sailed on her. Austin remained near the mouth of the Colorado for about three months, occa- sionally searching the neighboring shores of the bay and gulf for the long- expected schooner, until he despaired of seeing her, when he took his course up the Colorado. Reaching the La Bahia crossing, he had the happiness to meet his brother, James Brown Austin, who had come to join him. Together they proceeded with about twenty men to San Antonio, which place they reached about the 15th of March, 1822. Another vessel was soon after fitted out by Hawkins with supplies and 14 HISTORY OF TEXAS emigrants for the new colon) ; \>m the navigation of the gulf coast was then little understood, and this second vessel was obliged to land her cargo on ihe beach, where it was plundered by the Carancawa Indians. These tirst attempts to introduce emigrants and supplies by the way of the gulf were comparatively fruitless. It was on the 21st of February. 1821, that the independence of Mex- ico was declared by Iturbide and confirmed by the Mexican Cortes, and Governor Martinez was in doubt whether the new government would sanction his acts in relation to Austin's colony, and he therefore now advised Austin to proceed at once to Mexico and procure the recognition iif his rights and privileges for a colony. He therefore set out with two or three companions, in March. 1822. on horseback, to perform the i>eril- ous journey of some 1.000 miles to the capital of Mexico, which place he reached, after a variety of adventures, about the last of April. He found the government distracted with factions, the result of which was that Iturbide was proclaimed emperor on the 18th of May. For more than a year, during the turbulent period of Iturbide's reign. Austin was detained in the capital seeking a comfirmation of his father's contract. On account of the presence of other petitioners, the government chose to draw up a general law for colonization instead of confirming .Austin's individual contract. The first congress was at work on such a law when Iturbide usurped the government as emperor, and the work had to be done all over again by his council. The law was finally drafted and received the approval of the emperor and his junta im January 4. 1823. Under the provisions of this law-, Austin's contract was submitted to the government, and an imperial decree of February 18. 182.^ confirmed the original contract with Moses Austin. His mis- sion accomplished. Stephen .■\ustin was preparing to return when the imperial government was overthrown and all its acts annulled. With admirable persistence, .\ustin now presented his cause before the pro- visional government. The colonization law of January 4th was sus- pended, but on April 14. 1823. the supreme executive power confirmed and sustained the imperial concession to .Austin of date of February 18th. There seemed satisfactory assurance that the congress, when it assembled would confirm this act of the provisional government, so .Austin felt that at last his colony had legal sanction. .Au.stin may be said to have obtained a special charter for his fir.st colony, all other enipresario contracts having been undertaken under the general colonization laws of the republic and the state. Under this special contract, the local government was committed to him until government could be otherwise organized on constitutional lines. This provisional government of the colonv was not superseded until February 1. 1828. The original plan of .Austin for the distribution of land to the set- tlers was based on the .American .system of sections of 640 acres. But the decree confirming his contract declared that he was not authorized to assign the quantity of land to be given to each settler. It fixed the (|uantity to be given to each head of family as one labor or one league, the former quantity to the colonist whose purpose was solely agriculture, and the latter to the colonist who intended to engage in stock-raising, but Til STORY or TEXAS 13 :t WU'^ alxi i)V(i\i(lcil that Id ihc culimiNi who fullowid hulli cicoipatmii- lluTc mij^lit he granted "a Icagiu' and a labor."* 'Ilu- di-cree also ])r(i\idcd that Austin, a> (.-nnlractur ui cniin'csariM ol till' colonv. should receive a jjreniiuni of fifteen leagues and two lahores for ever\- 200 families introduced. F.ach colonist had to cultivate or uv his land within two years under jienalty of forfeit, hut when this con- dition was conii)lied with his title to the land was clear and absolute. ,\nother distinctive feature of .Austin's original colony is thai tin colonists were not restricted t" definite limits in their settlenieni. b.acli of the 300 families belonged to the colony wherever its lands were located. The result was that these original settlers were dispersed from the east bank of the Lavaca to the east side of the San Jacinto, and fmni lln' coast to the San .\ntonio road. In this area all tlie lands not occu- pied b\- the 300 colonists belonged to the government. This wide dis- iribution of the inuuigrants, while it exposed them to Indian attack-. eventually proved advantageous in the development of the couiUry. since those that came later were better .served with .supplies by means of these scattered settlements than they could have been from one central point. When .Austin returned to Texas in August, 1823, he found the col r.aron de Bastrop, who had been so instrumental in the begimiing of ilu colonv. He was also instructed b\ the governor, in a letter of |ul\ Z(\ 1823. to lav out the cajjital town of the colony. lo which tin- gnformed, of course, to the general rules imposed by the federal law above noted. All foreigners must become Mexican citizens and accept the national religion. The quantity of land to be assigned to each foreign settler was fixed by this law as follows : To each married man or head of family, one labor if an agriculturist, or one league if he combined agriculture and stock-raising; to each single man, one-fourth of this quantity, to be increased to the regular allotment when he married. Those who immi- grated at their own expense and settled in a colony within six years after its establishment received, if a married man, an additional labor. i>r. if unmarried, a third instead of a fourth of the regular quantity. Out of this system resulted the various quantities of land comprised under the old Mexican titles, some titles covering a league and a labor, (jthers a single league, a third of a league, a ipiarter league, down to a single labor and fractions thereof. This law also provided for colonization b\- emjiresarios or contrac- tors. Each empresario who undertook to introduce 100 or more fam- ilies, on his proposal being aj)proved by the government, should have a definite tract of vacant lands assigned for the settlement of his colonists. His premium for each 100 families that he colonized was fixed at five leagues and live labores. Immediatelv after the passage of this law, those who had been appli- cants during the pendency of this legislation jiresented their petitions for emi)resario grants, and they were followed in the course of a few years by others, until nearly all the available lands of Texas were assigned among the various contractors. It is necessary to explain here that the contractors had no projirietarv rights in the lands thus assigned. .A tract was set aside to them, for a definite period of years, during which they were privileged to introduce colonists, and the permission of the empre- sario was required before the government commissioner would survey or issue a certificate of title to the settler. But the title was issued by the government and not b\- the empresario. and the title of the individual set- tler was unaffected bv the subsequent failure of the empresario to com- ])Iete his contract with the state. The design of the law was that the sole advantage to the empresario should consist in the premium lands granted to him on condition that he introduce 100 or more families. Neverthe- less, through lack of j)erfect understanding of the relations of the empre- sarios, some extensive frauds were coninn'ted in Europe and the United States. The emi)resarios were represented as actual owners of the lands, and "scrip" was sold to the extent of thousands of dollars to unsuspecting purchasers. This ".scrip" was. of course, worthless, and on arriving in Texas its holders found th;it thev could secure titles to latid only from HISTORY OF TEXAS 19 the goveiiiiiHiil and ;uc(ir of tlic laws above described. Austin hiinsfif was one of ihe liist lo take advantage of the coloniza- tion laws to introdtice another eolon\- in addition to the 300 families whom he had settled by 1824. He forwarded his first petition lo the general government in 1824. asking to introduce several hundred families through (jalvcston as port of entry. His petition as finally approved by the state government and signed b\- .Austin on June 4, 1825, provided for the intro- duction of 500 families, who were to be located on the unoccupied lands within the limits of his first colony, the contract being limited to six years from the date of signing. As the limits of the first colony had never been officially designated, an order dated March 7. 1827. described the boun- daries of the colony as follows : Beginning on the San Jacinto River, ten leagues from the coast, up the river to its source and thence in a line to the Nacogdocbes-.San .Antonio road, this road being the northern boun dary, and the western boundary was the Lavaca River and a line from its source to the above named road. On April 22, 1828, Austin was granted the right. b\ special consent of the president of the republic, to colonize with three hundred families the ten-league reserve on the coast, between the .San Jacinto and Lavaca rivers. This extended Austin's colonies from the San .Antonio road to the coast, comprising what is now the most populous ]iortion of Southeast Texas. Another contract undertaken by Austin, November 20, 1827. was for the settlement of one hundred families on the east side of the Colorado above the San Antonio road. .\ later contract, of Austin and Williams, covered a portion of the other grants south of the San Antonio road, and extended north of that road between the Colorado River and the dividing ridge between the Rrazos and Trinity to a line above the present site of Waco. One of the most important colonies outside of .-Xustin's was l)e Witt's, (jreen DeWitt was at Mexico seeking a contract in 1822. when Austin arrived at the capital. His application was delayed several years until the general laws were enacted, his contract being granted April 15, 1825. His assignment of lands lav on the southwest of Austin's, extending frf)ni the ten-league coast reserve with the Lavaca as its northeast boundary, the .San .Xntonio road on the northwest, and on the southwest ;i line two leagues beyond and parallel with the Guadaluiie River. In the war for independence this colony was the most exposed to Mexican in- vasion. Gonzales, the capital of the colony, being the first to suffer the vengeance of .Santa Anna after the fall of the Alanu). DeWitt contracted lo introduce four hundred families, but at the time his contract expired in 18,?1 only ir/i titles had been issued, and the government refused to extend his contract. P>etween DeWitt's grant and the coast, along the Guadaluix-. was the territory assigned to Martin de Leon, whose contract was made in 1825. Victoria was the principal center of this colony. Haden Edwards had also been in Mexico at the time Au.stin was there, and on April 18. 1825. he was given a contract to introduce eight Inindred families about Nacogdoches, his lands being comprised within llir tcrritor\ between .Nustin's colonx on the we-.!, the ten-leatartled by the news of a revolt at the town of Nacogdoches, East Texas. Colonel Hayden Edwards had been granted a colonization con- tract by the State of Coahuila and Texas, in 1825. by which he agreed to introduce and settle a certain number of families within a defined territory, including the ancient town of Nacogdoches, which he made the capital of his colony. In consequence of representations made to the governor, that officer annulled his contract, and ordered him to leave the country. Edwards felt that he had been unjustly dealt by. and. determining to right himself by force, raised the standard of revolt with the declared intention to establish an independent state, and collected such force as he could, composed of Americans and Cherokee Indians. Edwards had been devoting his time and means to procuring settlers for his colony. He, however, labored under the misfortune of having within the limits of his colony a number of American and Mexican families, the first, from what was called the "neutral ground," had pre- vious to this time acknowledged no government, nor law, but their own : the latter had fled the country in 1819, and stopped in Louisiana and Mississippi, and had returned to their old homes after the establishment of Mexican independence in 1822-2,^. Neither of the two classes were entirely friendly to the new colonists, but regarded them as intruders, and were unwilling to be governed by them, .\mong them were .some very bad men who, in consequence of their crimes in the United States, had fled from just punishment. Among others whom Edwards found in the colony was Colonel Ellis Bean, one of the followers of Philip Nolan, and, subsequently, of Gen- eral Morelos, in the Mexican revolution of indejiendence. He had been sent by his chief, in 1815, to the United States, to raise men for the Republican Army. He arrived ])revious to the battle of New Orleans, in which he participated. He remained several years in the L'uited States. In the summer of 1825 he made a visit to the City of Mexico, where he met many of his old fellow soldiers. In consideration of his services, the Mexican government commissioned him a lieutenant colonel in the permanent forces of the republic ; also, Indian agent in Texas. While in the city. Bean met Dr. John Dunn Hunter, who had been sent by the Cherokee Indians of Texas, as their agent, to apply to the government for lands they occupied, and titles for the same. Thev asked the government to grant them, a certain territorv in which thev resided, to be held in common. This the government refused, hut agreed to give them titles for their possessions as other settlers. Hunter returned to the nation, and reported what he had done, and the promise of the gov- HIS'IORV OF IKXAS 2^ eniiuciil, which wa^- uii>;ni>tacliir\- and fxasperatcil liicni against the government. During; 1825 P.ean returnefl to Texas and located on the Angelina River. At this time. 1825, Colonel i'.dwards had gone lo the State of Mis- sissi]i])i to procure settlers, and induced his hrother, Benjamin W. l-"d\\;irds, to go to Texas and take charge of the colony until lie returned .\fter making arrangements to hring and settle his family, he returned to Texas, but, in conse(|uence of the ])Oor mail facilities, did not report to the Political Chief, .Saucedo. until January. 1826. He informed the Chief that he had been using his best exertions since his return to estab- lish good order and an ob.servance of the laws, and that he had been successful, with the exce])tion of Jose Antonio Sepulveda and Luis Pro- cela — tile first, had been guiltv of forging drafts for money, and land titles; the latter had fled from confinement in the United .States, where be left his family, and since his arrival in Nacogdoches, he had been acting as alcalde by proxy. I'Mwards further informed the Chief that his prospects for fulfilling his contract were good ; and, after transmit- ting copies of his official acts, hinted that if these turbulent characters liad been citizens of the United States, he would have dealt summarily with them, as he had a right under the law and his contract to do. This letter was offensive to the Chief. Edwards had correctly por- trayed the character of these two obnoxious characters, no doubt ; but they were Mexicans, so was the Chief. Still there were other causes of offense. In 1819 Nacogdoches was dejjopulated by the Royalist troops. There were none there to govern or to be governed ; nor did any of them return for years. Previous to this time, however, grants of lands had been made, but had lapsed. As before stated, after independence had been declared a few of the old settlers returned, together with some new settlers. Of these there were .some hundred or more in number, consist- ing of all ages, colors and nationality. Sepulveda and Procela, believing that the lands would become valuable and of ready sale, went to work getting u]) old titles to the best land in the colony, and, when necessary, did not hesitate to manufacture titles. Edwards, aware of a number of old claims set up, in November issued an order requiring all claimants under old grants to i)resent them, in order that such as were genuine should be reviewed, and all s])urious ones rejected ; and declaring further, that the lands claimed by those who failed to do so would be sold, but that those who bought the land thus sold should pay the occupant for the improvement made b>- them. That the first ])art of this order was both necessary and just is unquestion- able; but it is equally unquestionable that he had no legal authority to use such lands. The next cause of offense was an order for the organization of tin- militia and election of officers; also, for the election of an alcalde. In accordance with orders an election was held by Sepulveda, the acting alcalde. The first i)art of this order was right and in accordance with law and the contract ; but the order for the election of an rdcalde was unauthorized. However, the election for alcalde was held. There were two candidates — Cha])lin, a son-in-law of Colonel Rdwards. and Norris, the brother-in-law of Cajitain J.imes Gaines, who resided on the Sabine 24 HISTORY OF TEXAS at the crossing of the road from Xacogdoches to Natchitoches, Louis- iana. Chaplin had a majority of the votes cast, but most of them were by persons Hving on the Sabine and other streams within the twenty border leagues reserved by the Federal Government. These votes were thrown out, and Norris was declared elected. But Chaplin's friends, counting their registered votes, declared him elected ; and he took pos- session of the office. A report of these proceedings was made to the Political Chief, at San Antonio de Bexar, who ordered Sepulveda, the old alcalde, to administer to Norris the oath of office as alcalde of Nacogdoches ; and. if Chaplin refused to yield and deliver up the archives of the office to Norris, to take them from him peaceably if he could, but if necessary to call out the militia to enforce the order. Chaplin, however, yielded the office in compliance with the order, and Norris assumed the duties of the office. The next cause of difficulty was occasioned by the appointment of a man by the name of Tramel, recently arrived, as ferryman at the cross- ing of the road from San Antonio to Nacogdoches on the Trinity River. This appointment was made by the alcalde of Nacogdoches, regularly and in accordance with the law on the subject. Tramel, accordingly, built boats and established his ferry agreeably to contract. Soon after, however, Tramel sold his interest to another person, who took posses- sion. It seems that there was a poor Mexican family, Sertuche, living below the ferry, at Spanish BlufT, who were in an almost starving con- dition : the occupant of the ferry, becoming aware of their condition, invited Sertuche and family to come to the ferry, which they did, and were furnished provisions. Sertuche, finding the situation both pleasant and profitable, obtained an order from the alcalde to take possession of the ferry, which he accordingly did. Edwards, learning this, removed Sertuche, and reinstated the rightful owner. This act of Edwards was reported to the Chief who ordered the alcalde to give Sertuche posses- sion of the ferry, stating as a reason for so ordering that Sertuche was a Mexican and entitled to a preference. This would have been true of an application for land, but this preference only applied to the granting of land. Other instances of invidious distinction might be given, but let these suffice. By his contract Edwards was authorized and required to organize the militia of the colony, of whch he was the chief, until a different dis- position was made. Such was the authority given, and the position of all the empresarios in Texas. B. W. Edwards, who had charge of the colonv during the absence of his brother, and who was in pos.session of all the circumstances and facts connected with the colony, and the difficulties which surrounded the enterprise, wrote a long letter to Colonel Austin, in which he gave a detailed account of the difficulties thev had to contend against, and solicited his advice. He also wrote the Baron de Bastrop, then a mem- ber of the state legislature, informing him of all the facts. Hayden Edwards, having returned, made an appeal to the American settlers and to the Cherokee Indians, who considering themselves badly treated by the government of Mexico listened favorably to Edwards. On HISTORY OF TEXAS 25 the 20th of December, Hunter, Fields, and some other chiefs, after con- sulting three days, entered into a solemn league and confederation. The objects of the treaty were twofold, to-wit : "1st. To divide the territory of Texas between the Indians and Americans. This was done by giving to the former that portion lying north of a line beginning at the mouth of Sulphur F"ork ; thence to a point not far from Nacogdoches ; thence to the Rio Grande. .\11 the territory south of that boundary to belong to the other party. 2nd. To prosecute together the war against Mexico, until their independence was consummated." The treaty was made by Hayden Edwards and 1 lar- inon B. Mayo, on the part of the Americans, and by Richard Melds and John Dunn Hunter, on the part of the Indians. The new state was named Frcdonw. In the meantime, on the IStli of December, 1826, the Fredonians, to the number of about two hun- dred, took possession of the "old Stone House" and began to fortify. Having raised their flag, they began an organization of their force and government. Colonel Martin Parmer was chosen commander of the militia. On the 4th of January, 1827, Norris, the alcalde, who had been deposed, finding the town defended by a small force — most of the Fre- donians apprehending no danger had gone to their hoines — raised a force of soine eighty men and took position near the Stone House, intending to capture and hang the few F"redonians left to guard the place. Parmer had eleven men, and Hunter eight Cherokees, with whom they marched out and charged Norris's force, of which they killed one man and wounded some ten or twelve, and captured about half their horses. Norris made good his retreat and crossed the Sabine. The immediate objects in controversy of this .so-called F'redonian rebellion are not of great importance. The dispute reveals some of the elements and influences at work from the outside, and also produced some of the popular issues that were emphasized with a great deal more justice during later dissensions between the colonies and the home government. Even more significant is the attitude of Austin and the colonists who regarded Austin as their accepted leader toward the Fredonians. Many municipalities and villages in the older colonies adopted resolutions expressing their loyalty to the government. Austin himself was daily engaged in a voluminous corrcsjiondcnce directed to colonies, heads of the Cherokee Indians, and particii)ants in the rebellion, endeavoring to show them the futility of the enterprise. The quality of his reasoning, that would arouse a response in sound Americans today, is revealed in a few sentences that space permits to be quoted : "My friend you are wrong — totally wrong from the beginning to the end of this Nacogdoches affair. I have no doubt that great cause of complaint exists against the Alcalde and a few others in that district, but you have taken the wrong method of .seeking redress. The law has pointed out the mode of punishing officers in this government from the president down, and no individual or indi- viduals ought to assume to themselves that authority : but wlial is past is done — let us forget it, and look to the future. 26 HISTOKV OF TEXAS "It is our duty as Mcxicoits. to support and defend the govern- ment of our adoption, by whom we have been received with the kindness and liberabty of an indul{,rent parent. It is our duty as men, to suppress vice, anarchy, and Indian massacre. And it is our duty as Am^ricmis to defend that proud name from the infamy which this Nacogdoches gang must cast upon it if they are suffered to progress. It is also our interest, most decidedly our interest, to do the same, for without regular government, without law, what security have we for our persons, om" |iroperty. our characters, and all we hold dear and sacred ?" On the receipt of the news of I'.dwards' movements at San Antonio de Bexar, the capital of the department of Texas, the Political Chief at once adopted measures to put down the revolt. Colonel Ahumada, the commandant at Bexar, was ordered to march to the seat of war with as little delay as practicable. At the same time, the chief issued an order to Colonel Austin, to raise such a force of the militia of his colony as he could si)eedily collect, to act with the national troops, who would join him in San F"elipe de .Austin, .\ustin, in obedience to this order, called together a respectable mmiber of his colonists ; but, at the same time despatched commissioners to Nacogdoches to confer with Edwards, and, if possible, get him to desist. But Edwards would not consent, saying that he was able to maintain the position he had taken. On the return of the commissioners. Captain William S. Hall, one of them, reported to Colonel Austin the result of this mission, which was, that they had been unable to effect anything satisfactory ; that Edwards had but a small force, which the commissioners, from information and observation, were of opinion he would not be able to raise to any considerable number. Early in January, 1827, Colonel Ahumada and his forces arrived in San Felipe de Austin, where they remained a few days to rest and refresh themselves, as they had had a fatiguing march, the road being heavy from recent rains. On their arrival they found .\u.stin in readi- ness with a respectable force of colonists. .■\11 things being ready, in a few days they took up the line of march in all the pomp, jiride, and circumstance of war. The Mexican soldiers were well dressed in military uniforms, which contrasted strikingly with the dress of the hardy pioneers of the colony, which was composed of buckskin, cottonade, and linsey-woolsey, and head-gear to match. The colonists had managed to get an old four-pounder gun, the balls for which were manufactured by the blacksmith of the town. David Car- penter, and were neither round nor square. On the second day of the march, in firing the morning gun, the four-pounder lost some six or eight inches from (jne side of her muzzle. Notwithstanding, she was kept sev- eral years, and dubbed "Marley Waller," in honor of the gentleman of that name, who had charge of her. Fortunately no one was injured by this accident, and all moved forward in high spirits. On the march they were joined by settlers on the Trinity and San Jacinto. After a fatiguing march, on account of rains and the state of the road, when near Nacogdoches, they were met by a courier who informed them that Edwards had disbanded his troops and evacuated the iiisrukv ui- iiiXAS 27 place, which tliey fnu-icd in iriuniiih. willi ihr lii>iii)rs of n hloodlcss victory. The inhabiiaiU> of tl\e inwn and suriDundinj^ coiniliy, that is, such as had joined I'.dwards, l)y the influence of Colonel Austin, were assured that they had nothing to fear from the government ; that they should go to their homes and pursue their ordinarv occupations as if nothing had happened, and in due time should he ])Ut in possession of their lands. Of those who had joined in the revolt, we will mention three wiio had heen cons])icuou.s — Col, Martin Parmer, the "Ring-tailed I'anlher," Major John S. Roberts, and C a|)tain hrancis Adams. The first followed his leader and did not return to Texas until 1831 ; the two latter remained and took an active jjart in our struggle for our rights and independence. It is due to Colonel Austin and his settlers, and those of Colonel De W'itt, as well as those on the lower Trinity, to say that they not only disapproved of the conduct of the I'Vedonians. hut turned out and joined the Mexican force sent against them. Whatever may be said in favor of Mdwards's course, it is clear and undeniable that his acts, in the first place, were only in part authorized by law or his contract : thai the decree of the governor of the state, while hasty and unjust, was still based on official reports of subordinate officers, hence, he felt it to be his duty to annul the contract, and order him to leave the territory of the Republic ; but at the same time he informed Edwards, if he felt grieved, that he could lay his case before the federal authorities, but must first leave the country. Here was offered an oppor- tunity to I'xlwards to jdace himself right, and in not doing so he placed himself clearly in the wrong. In the second place, after he had raised the standard of revolt and formed an alliance with the Cherokee Indians, the olive branch was held out to him, for on the arrival of the chief of the department of Texas, and Colonel Ahumada and his troops at San Felipe de Austin, Colonel .■\ustin interposed in behalf of these misguided men. The chief, acting upon the advice of Colonel Austin, issued a proclamation of free pardon to all who had [)artici])ated in the revolt and would submit to the laws and constituted authorities of the slate. To F.dwards he offered a hear- ing before the ])roper authorities of the state when he would have an opjjortunity of ])roving the malversations of Sepulveda and Norris, his accusers. This oflfer was neglected, and he pursued his evil course. These facts leave no excuse, or color oi excuse, for rebelling against the government, .uul still less for the le.igue which he enterd into with Indians. In concluding this iniiioriaut aff.ui-. unfortunate for Pkiwards and unforlunale for the colonists, ;is subseipunt events |)rovc, we ajjpend the ojiinion of two distinguished citizens. David (i, Piurnet said, "It was t|uite inevitable, without sui)i)osing Austin an infatuated visionary, which he was not, that he should ])romptly unite with his lawful chief in sup- pressing an insurrection so wild and impracticable." James H. Bell said: "This Fredonian disturbance has been little understood, and when the details of it are made known it will be seen that the movement could lay no just claim to be considered as an honorable .ind praiseworthy etTort in the cause of freedom and right, ;md that Austin's course in res])ect to it was the onlv one that .'i man of sense ;ind honor could [lursuc." CHAPTER V GENERAL SURVEY OF THE TEXAS COLONIES Away from the battle front war modifies but does not greatly change the routine life and activities of a people. For nearly a decade preceding the Revolution the Texas colonies were subjected to the influences exer- cised by the turbulence of Mexican politics, with local outbreaks of hos- tilities from time to time, but for the most part the Texans were left free to work out their problems and develop their material and social institutions. A modern reader very naturally inquires as to the status rtf business and industry, the progress of settlement, and other general conditions of life in Texas at that time. To satisfy such inquiries is the object of this and the following chapters. The be.st account of the progress of Texas under Anglo-American colonization is alTorded by Col. J. N. Almonte's "Statistical Notice," published in 1835. Almonte was commissioned to make a general inspec- tion of Texas, and after a hasty tour of observation during July and August of 1834 he returned to Mexico and made a very favorable report, which Austin thought helped his case and caused the government to regard Texas more kindly than it had previously been inclined to do. The following extracts are from a translation published in Kennedy's "Texas :" "The population of Texas extends from Bexar to the Sabine River, and in that direction there are not more than twenty-five leagues of unoccupied territory to occasion some inconvenience to the traveller. The most difficult part of the journey to Texas is the space between the Rio Grande and Rexar, which extends a little more than fifty leagues, by what is called the Upper Road, and above sixty-five leagues by the way of Laredo. These difficulties do not arise from the badness of the road itself, but from the absence of population, rendering it necessary to carry provisions, and even water during summer, when it is scarce in this district. This tract is so flat and rich in pasturage that it may be travelled with sufficient relays, and at a suitable speed, without the fear of wanting forage. "In 1806 the department of Rexar contained two municipalities; San Antonio de Bexar, with a population of 5,000 souls, and Goliad, with 1,400; total 6,400. In 1834 there were four municipalities, with the following population respectively : San Antonio de Bexar, 2,400; Goliad, 700; Victoria, 300; San Patricio, 600; total 4,000. Deducting 600 for the municipality of San Patricio (an Irish settle- ment), the Mexican population had declined from 6,400 to 3,400 between 1806 and 1834. This is the only district of Texas in which there are no negro laborers. Of the various colonies introduced into it, only two have prospered ; one of Mexicans, on the River Guada- lupe, by the road which leads from Goliad to San Felipe ; the other of Irish on the River Nueces on the road from Matamoras to Goliad. With the exception of San Patricio, the entire district of Bexar is peopled by Mexicans. The greater part of the lands of Bexar can easilv be irrigated, and there is no doubt that so soon as the Gov- 28 HISTORY OF TEXAS 29 ernment. compassionating the lot (sitcrtc) of Texas, shall send a respectable force to chastise the savages, the Mexicans will gladly hasten to colonize those valuable lands which court their labor. "Extensive undertakings cannot be entered on in Bexar, as there is no individual capital exceeding $10,000. All the provisions raised by the inhabitants are consumed in the district. The wild horse is common, so as rarely to be valued at more than twenty reals (about ten shillings British) when caught. Cattle are cheap; a cow and a calf not being worth more than $10, and a young bull or heifer from $4 to $5. Sheep are scarce, not exceeding 5,000 head. The whole export trade is confined to from 8,000 to 10.000 skins of various kinds, and the imports to a few articles from New Orleans, which are exchanged in San Antonio for peltry or currency { pelctcria y metalico). "There is one school in the capital of the department supported by the municipality, but apparently the funds are so reduced as to render the maintenance of even this useful establishment impossible. What is to be the fate of those unhappy Mexicans who dwell in the midst of savages without hope of civilization? Goliad, Victoria, and even San Patricio, are similarly situated, and it is not difficult to foresee the consequences of such a state of things. In the whole department there is but one curate ictira) ; the vicar died of cholera morbus in September last. "The capital of the department of the Brazos is San Felipe de Austin, and its principal towns are the said San Felipe. Brazoria. Matagorda. Gonzales. Harrisburg, Mina, and Velasco. The district containing these towns is that which is generally called '.Austin's Colony.' "The following are the municipalities and towns of the depart- ment, with the population: San Felipe, 2.500; Columbia. 2.100: Matagorda. 1.400; Gonzales, 900; Mina. 1.100; total. 8.000. Towns: Brazoria. Harrisburg. Velasco, Bolivar. In the population are included about 1.000 negroes, introduced under certain conditions guaranteed by the state government ; and although it is true that a few African slaves have been imported into Texas, yet it has been done contrary to the opinion of the respectable settlers, who were unable to prevent it. It is to be hoped that this traffic has already been stopped ; and it is desirable that a law of the general Congress and of the state should fix a maximum period for the introduction of negroes into Texas, as servants to the empresarios, which period ought not, in my opinion, to exceed ten or twelve years, at the end of which time they should enjoy absolute liberty. "The most prosperous colonies of this department are those of Austin and De Witt. Towards the northwest of San Felipe then- is now a new colony under the direction of Robertson ; the same that was formerly under the charge of Austin. "In 18.1^, upwards of 2.000 bales of cotton, weighing from 400 to 500 pounds each, were exported from the Brazos ; and it is said that in 1832 not less than 5.000 bales were exported. The ntaize is ;i11 consumed in the countrv, though the annual crop exceeds 50.000 iO HISTORY OF TEX.\S barrels. Tlie cattle, of which there may be about 25.000 head in the district, are usually driven for sale to Natchitoches. The cotton is exported regularly from ]')razuria to New Orleans, where it pays Zyi per cent duty, and realizes from 10 to 10^4 cents per pound for the exporter, after paying cost of transport, etc. The price of cattle varies but little throughout Texas, and is the same in the Brazos as in Bexar. There are no sheep in this district ; herds of swine are numerous, and may be reckoned at 50.000 head. "The trade of the department of the Brazos has reached $600.- 000. Taking the estimate for 1832 (the settlements having been ravaged by the cholera in 1833). the exports and imports are esti- mated thus : 5.000 bales of cotton, weighing 2.250.000 pounds, sold in New Orleans, and producing at 10 cents per pound $225,000 net; 50.000 skins, at an average of eight reals each. $50,000. Value of exjjorts. $275,000 (exclusive of the sale of live stock). The imports are estimated at $325,000. "In this department there is but one school, near Brazoria, erected by subscription, and containing from thirty to forty pupils. The wealthier colonists prefer sending their children to the United States; and those who have not the advantages of fortune care little for the education of their sons, provided they can wield the axe and cut down a tree, or kill a deer with dexterity. "The Department of Nacogdoches contains four municipalities and four towns. Nacogdoches municipalitv has a population of 3.500; and of San Augustine. 2.500: Liberty, 1,000: Johnsburg. 2,000: the town of .\nahuac. fifty: Bevil. 140; Teran, ten; Tenaha, 100: total population. 9.000. in which is included about 1.000 negroes, introduced under special arrangements (convcmos particitlares.) "Until now it appears that the New York company are onlv beginning to interest themselves in settling their lands, bought or obtained by contract with Messrs. Zavala, Burnet, and Vehlein. em- presarios. who first undertook the colonization of the immense tracts which they obtained of the State of (."oahuila and Texas, and which are laid down in the maps of the North as land> of the 'Galveston Bay Com])any.' In con>e(|uence of that transaction, the company are proprietors of nearly three-fourths of the department of Nacog- doches, including the twenty leagues of boundarv from that town to the Sabine. Of the contracts of Zavala, Burnet and Vehlein, some expired last year, and others will expire during the present year. The Supreme (iovernment. if at all anxious to do awav with a sys- tem of jobbing so ruinous to the lands of the nation, at the hands of .1 few Mexicans and foreigners, nught. without loss of time, to adopt means to obviate the confusion daih- arising out of contracts with the speculators, which create a feeling of disgust among the colon- ists, who are dissatisfied with the monopoly enjoyed by companies or contractors that have acquired the lands with the sole object of speculating in them. "The settlements of this district have not prospered, because -peculators have not fulfilled their contracts, and the scattered popu- lation is composed of individual- who have obtained one f)r more HISTORY OF TEXAS 31 leagues of land from the state, and of others, who. in virtue of the law of colonization inviting strangers, have estahlished themselves wherever it ap])eared most convenient. But the latter have not even the titles to their properties, which it would he only fair to extend for them, in order to relieve them from that cruel state of uncer- tainty in which some have heen placed for several years, as to whether thev api^ertain to the United States or to Mexico. And as these colonists have emigrated at their own expense, it seems just that the contractors on whose lands they have settled, and who were not instrumental to the introduction of their families, should not receive the premium allowed hy law. In stipulating with those contractors ( empresarios ) both the (ieneral and State Government have hitherto acted with too much negligence, and it would be well that they should now seriouslv turn their attention to a matter so deeply important. "There are three common schools in this department : one ni Nacogdoches, verv badlv supported, another at San Augustine, and the third at [oh'nshurg. Texas wants a good establishment for public instruction, where the Spani.sh language may be taught ; other- wise the language will be lost : even at present English is almost the only language spoken in this section of the Republic. "The trade of this department amounts for the year to $470,000. The exports consist of cotton, skins, of the deer, otter, beaver, etc.. Indian corn and cattle. There will be exported during this year about 2.000 bales of cotton. 00.000 skins, and 5.000 head of cattle, equal in value to $205,000. The imports are estimated at $265,000; the excess in the amount of im])orts is occasioned by the stock which remains on hand in the stores of the dealers. "There are about 50.000 head of cattle in the whole department, and prices are on a level with those in the Hrazos. There are no sheep, nor pasturage adai)ted to them. There are above 6.000 bead of swine, which will soon form another article of export. "There are machines for cleaning and pressing cotton in the dei)artments of Nacogdoches and the Hrazos. There are also a number of sawmills. .\ steamboat is plying on the Brazos River, and the arrival of two more is expected: one for the Neches, the other for the Trinity. "The amount of the whole trade of Texas for the year 18,M may be estimated at $1,400,000. "Money is very scarce in Texas: not one in ten .sales is made for cash. Purchases are made on credit, or by barter; which gives the country, in its trading relations, the appearance of a continued fair. Trade is daily increasing, owing to the large crops of cotton, and the internal consumi)tion. caused by the constant influx of emigrants from the United States." Concerning the future of Texas Almonte was almost enthusias- tic ; "If we consider the extraordinary and rapid advances that indus- try has made; its advantageous geographical position, its harbors, the easv navigation of its rivers, the variety of its productions, the fertility of the soil, tlic climate, etc.- the conclusion is, th;it Texa'~ 32 HISTORY OF TEXAS must soon be the most flourishing section of the Republic. There is no difficulty in explaining the reason of this prosperity. In Texas, with the exception of some disturbers, they only think of growing the sugar-cane, cotton, maize, wheat, tobacco ; the breeding of cattle, opening of roads, and rendering the rivers navigable. Moreover, the effects of our political commotions are not felt there, and often it is only by mere chance that our dissensions are known. Situated as Texas is, some 450 leagues from the capital of the Federation, it is easy to conceive the rapidity of its progress in population and indus- try, for the reason that Texas is out of the reach of the civil wars that have unfortunately come upon us. The inhabitants of that country continue, without interruption, to devote themselves to in- dustrious occupations, giving value to the lands with which they have been favored by the munificence of the government. "If, then, the position of Texas is so advantageous, why should not the Mexicans participate in its benefits ? Are not they the owners of those valuable lands ? Are they not capable of encountering dangers with firmness and courage ? Let small companies be formed ; enter into contracts with agricultural laborers : appoint to each of the companies its overseer, agent, or colonial director ; and I will be the surety that, in less than one or two years, by the concession of eleven league grants of land, which will not cost perhaps more than a trifle for the stamped paper on which the title is made out, the grants will be converted into a property worth more than $15,000 to $20,000. Let those who wish to test the worth of this assurance visit the plantations of the colonists, and thev will perceive I am no dreamer." Almonte estimated the total population of Texas at 36,300 — civilized inhabitants, 21.000, and Indians, 15,300. Kennedy thought this an under- statement. He says : "Although the Anglo-Texans had suffered griev- ously from cholera in 1833, their numerical strength is evidently under- rated. The scattered settlements rendered it extremely difficult to num- ber the colonists with accuracy, and it did not accord with the policy of the Mexican government to represent them as formidable in any respect. They probably amounted to about 30,000, exclusive of the 2,000 negroes." With Almonte's report should be compared the statement that Stephen F. Austin presented to the government in 1833 as a basis for the demand of the Texans to be erected into a state. This is taken from the transcripts made by the University of Texas from the archives of the department nf Fomcnto in Mexico City. "Statistics of Texas" "Nu.MBER (JF Population. Municipality of Bexar, including the four missions of San Jose, San Juan, Espada, Concepcion, and the Ranches upon the Bejar River 4.000 "Municipality of Goliad, including the towns of San Patricio and Guadalupe Victoria 2,300 "Municipality of Gonzales 1,600 "Municipality of Austin, including the towns of Bastrop. Matagorda and Harrisburg. and settlements upon the 1IIS•I■()R^ ol'" TEXAS 3.> Colorado and San Jacinto rivers, and the new town of Tenoxtitlan 12.600 "Municii)ality of I.ihertv. includinjr the settlements of Ana- huac, Galveston and Hevil 4,500 "Municipality of Brazoria, inchidinj^ the town of Velasco. . 4.800 "Municipality of Nacogdoches, including the settlements of the Avish, Trinitv, Neches, .Attoyac. Tamija, Sabine and Pecan' Point . . . .' 16.700 "Total number of jKipulation 46.500 "The wandering triho (if Indians and half-civilized person-. whose number passes 20.(X)0. are not included in this enumeration. "Products. Those of Texas are: Cotton, sugar, tobacco, in- digo, edible grains and vegetables of various kinds ; flocks, lumber and boards, leather goods and hides. "Mills. In the municipalities of Austin and Brazoria there are thirty cotton-gins, two steam sawmills and grist mills, six water- power mills, and many run by oxen and horses. "In Gonzales there is a water-power mill on the (iuadalupe River for sawing lumber and running machinerv (mover maqHinas) . which is of nnich importance, since this mill supplies the towns of Gonzales and Goliad and the city of Bexar with boards (tablas). "The municipalities of Libertv and Nacogdoches are very well provided with mills and gins, and there is great progress in thi> industry in all parts of Texas. "General Observations. 'I'be planting of cotton is very gen cral and well advanced in all parts, and the yield this year will be more than 150,000 arrnbas (an arroba is about twenty-five pounds I ginned and clean, equal to 600.000 arrobas with the seed. "The raising of cattle and hogs has increased with so much rapidity that it is difficult to form a calculation of their number. The price for which they sell will give you an ide^ of their abundance. "Fat beeves of from twenty to thirtv arrobas are worth from $8 to $10. Fat hogs of from eight to twelve arrobas are worth ."^.V.SO to $5 each, and lard in i)ro])orlion. "Butter and cheese, corn. bean--, and all kinds of vegetables abound. "The .sowing of wheat has not progres.sed .so much, because the climate is not suitable for this grain in the settled region near the coast. "The raising of horses and mule^ has progressed a good deal, although not in comj)arison to what it will do when the countrv is .settled in the interior and the Indians subdued, who now make their raids to steal horses. "In the Bay of Galveston there is a steanishii). and a company has been formed in .Austin and Brazoria for the purpose of bring- ing one to the Brazf)s River. There is also a plan to open a canal to join the Brazos River with the Port of Galveston, .and .uinther to join the two bavs of Matagorda and (ialve-;toiL 34 HISTORY OF TEXAS "'J"hc settled part of the country is provided with good road? and there are various new projects and enterjjrises for bettering the navigation of the rivers with oar-boats and steamboats for the pur- pose of facilitating the transport of the agricultural products of the interior of Texas to the coast. "There are no schools or academies in Texas endowed or estab- lished bv the state, but there are private schools in all parts and very good ones ; and as soon as there is a local government to give form and protection to education there will be much progress in this direction. "The inhabitants of Texas are in general farmers who own their lands ; there are few among them who do not know how to read and write, or who do not understand very well the importance of pro- tecting their jiropertv and person by means of a local government, well organized and well supported. "The fact ought to be presented that the resources and qualifica- tion.s of Texas to sustain a state government are augmented in the highe.st degree bv the enterprising and industrious character of her inhabitants. Their progress is rapid, even in their present situation ; but with a state government to enlarge and protect industry it would be much greater, because then there would be security and confi- dence, which do not now exist. "Proof that the inhabitants of Texas have confidence in their resources to defend themselves against the Indian savages is to be found in the fact that they have not asked troops nor companies of soldiers or money, and they do not need to." There are no exact figures by which to check these estimates of .■\lmonte and .\ustin. It is probable that the truth lies between the two. .-\ustin undoubtedly knew more about the actual condition of Texas than anvone else, and much more than Almonte could have learned in the short time at his disposal, but he had a strong motive for exaggeration. Im- nu'gration was verv rapid during the latter part of 18.S4 and the first half of 18.^3. Following are some historical and descriptive notes on the towns and communities mentioned in the genera! survey: .San Anto.mo The history of San Antonio begins with the year 1718. when, in l>ursuance of orders from the viceroy, a priest removed the old mission of San Francisco .Solano from the Rio (Irande to the San Antonio River and founded the mission of San .\ntonio de Valero on the right bank of the .San Pedro, about three-quarters of a mile from the present cathedral of San Fernando. There it remained until 1722. when it was removed, with the presiflio. to Militarx- Plaza. In res]ionse to the ])etitions (jf the missionaries for military reentorcement in order to secure the mission and assist in the suhjugati^m of the Indian tribes, the viceroy in 1718 sent a governor with soldiers and mechanics into the province of Texas, and thus, soon after the establishment of the mission, was founded the presidio of .San .\ntonio dc Rexar. In the HISTORY OF TEXAS 35 vicinity of these two institutions, the military post and the Indian mis- sion, a number of persons located whose object was permanent settle- ment ; instead of working directly and exclusivel\' for the welfare of the mission, or acting in the capacity of soldiers, they built themselves homes, put a certain amount of land in cultivation, raised their small flocks on the common pasture, and became bona tide colonists. It is probable that some of the soldiers, their time of service over, were sufficiently attached to the locality to remain as settlers. This civil community, which was quite distinct but existed side by side with the mission and presidio, became known as the villa of San Fernando. Originally, therefore, three independent institutions — military, polit- ical and religious — existed at San Antonio, but eventually their sepa- rate identities became merged under the one municipal title of San Antonio. In consequence of the French invasion from Louisiana along the eastern borders of Texas, a large expedition under the command of .\guayo in 1720 came up from Mexico and after restoring the authority of .Spain on the eastern border, the commander restored the old East Church of S.\n Fernando Texas mission and in tlu- course of his stay gave to San Antonio an- other mission besides the original .San .\ntonio de Valero. San Jose de Aguayo, the most beautiful of all the missions about San Antonio, even in its present ruins, was "erected" (that is, authorized) in 1720. and was the first of the missions outside of the city to be finished. It was completed March 5, 17.?1. and on the same date the other three missions south of the city were begun. In the meantime, as the attempts to colonize Texas had been at- tended with little success, Spain undertook to introduce settlers from the Canary Islands, and in 1729 a compan3' of fifty or sixty persons left the Canary Islands, in response to the Royal order, arrived at Vera Cruz in 1730, and after a long journey northward arrived at San .\ntonio de Bexar on March 9, 1731. These colonists became the "Canary Island" settlers of San Fernando, whose members and de- scendants ha\e since occupied sd ])roniiuent a place in San .\ntonio 36 HISTORY OF TEXAS historw The \'illa of San F"ernando, containing the settlers who had previously located and also the Canary Islanders, was located between the San Antonio and the San Pedro Rivers, the building lots being grouped for the most part around the Plaza just east of the presidio or military ])laza ; in other words, the "main plaza." as known today, was the central point of old Fernando X'illa. Besides a lot assigned for residence to each family, there .was common pasture land and a labor for cultivation, irrigated from the waters of the San .\ntonio or San Pedro. The pasture land lay both north and south of the villa, between the two streams. While the missions at the Alamo and also at San Jose were located conveniently to the villa, the settlers had demanded a parish church of their own. and in response to these de- mands the cornerstone of the San Fernando Church was laid Mav 8. 1744. As a result of an official ins])ection made in 1727, it was found that the old missions among the Indians of Xortheast Texas were without warrant for existence, so few were their Indian converts. In conse- quence the three missions were ordered removed to the vicinity of San Antonio, and this removal brought the three remaining missions whose ruins still form such a picturesque feature of the country about San .Antonio, .\ctual work of construction on these began in March. 1731, as previously mentioned. These various missions, and also the presidial establishments and colonies, for manv years inaugurated and supported directlv bv the Spanish Government, were primarily for the purpose of maintaining the authority of Spain in the Texas country. But after the treaty of 1763 had removed the source of friction between the French and Spanish settlements along the Sabine, and the Louisi- ana countrv had been surrendered to Spain, the chief reasf)n for colo- nizing Texas was removed, and for this and other causes the mission- ary work among the Indians was turned over to the secular clergy in 1793, resulting in the distribution of the mission lands, the dispersion of the Indians and the end of the labors of the Franciscan friars. At that time there were onlv four or five hundred Indians grouped about the dozen missions in Texas, while the families of soldiers and settlers in 1782 were estimated at about 2,500. .\ brief note as to the economic conditions of the people at San Fernando in 1778 is supplied from the testimony of De Croix, who said of the settlers that they "live miser- ably because of their laziness, captiousness and lack of means of sub- sistence, which defects show themselves at first sight." Much was dur to the environment and to the conditions under which the settlement had been founded. There were no attempts at public education and there were no re]iresentatives of the learned professions, not e\en a physician. In 1805 San .Antonio, which with Goliad and Nacogdoches was one of the three important centers of Spanish civilization in Texas, had a population estimated at about 2.000. .After the United States had acquired the Louisiana Territory in 1803, Spain's former fears of territorial aggression from the Northeast were renewed, and from that time forward San .Antonio occupied a conspicuous position as the military headquarters for the forces engaged in the occupation of HISTORY OF lliXAS i7 Texas, and alsu as the seat of the civil government for this province. The American explorer, Zebulon Pike, visited San Antonio in 1807, and describes the city as containing "perhaps 2,000 souls, most of whom reside in miserable mud wall houses, covered with thatched grass roofs. The town is laid out on a very grand plan. To the east of it on the other side uf the river, is the station of the troops." (Alamo.) In jMarch, 1813, San Antonio was surrendered to the American forces comprising what is known as the Gutierrez-Magee expedition, and the revolutionists were in possession of the city several months. During the subsequent advance of American settlement over Eastern and South Central Texas, San Antonio's population remained almost entirely- Mexican, and the city was occupied by a large garrison of Mexican troops. It was for this reason that San Antonio became the objective point in the revolutionary campaign of 1835, ending with the storming and ca]>ture of the city in December of that year. Goliad In 1722 Martpiis de Aguayo established the jiresidio of La Bahia, and "established near by" the Mission of Espiritu Santo, "on the same site where Robert(; Cavalier de la Sala had jnit his post," that is, near the Es])iritu Santo Hav on the banks of the Guadalujie River. In 1749 Escandon had this presidio removed from the Guadalupe to the scnith bank of the San .\ntonio River. The troops, settlers, priests, Indians, and even the bell and door of the chapel were taken to the new site at Santa Dorotea, but the original name of the mission and presidio was retained. La Bahia remained a garrison tow n and outpost of .Spanish settle- ment throughout the eighteenth century. In 1809 the jjopulation of La Bahia and its jurisdiction was estimated at 405. In 1813 La Bahia was captured by the Gutierrez-Magee expedition ; in October, 1835, it fell into the hands of the Texans under Captain Collingsworth at the beginning of the revolution ; and in the following year was the scene of the massacre of Fannin's men. The Legislature of Coahuila-Texas in February, 1829. decreed: "The fortress of La Bahia del Es])iritu .Santo, in the department of Texas, may be called the town of Goliad." During the republic the two names Goliad and La i^ahia were used almost interchangeabl\ . init in modern usage La I'.ahia has become obsolete. The municiiJalilN of ( ioliad. like ikxar, beinj; a Me.xican >cttleinent and garrison town, took only a minor part in the e\ents connected with the development of the Texas revolution. C]oliad's delegates to the convention in 1832 were chosen too late to iKirticipate, though they endorsed the proceedings. The American residents of the municipal- ity, however, were aggressive actors in the indej)endence movement. On December 20, 1835, ninety-one of these citizens, including one or two Mexicans, issued the "Goliad declaration of independence," in which they declared the Province of ie.xas a free, .sovereign and inde- iiendent state. This action wa-- considered premature at the time, but 38 HlSiURV UF TEXAS less than three months later independence was declared in the con- vention at Washington. The municipality of Goliad was represented at the convention of 1836, and the municipality subsequently was organized as a county government. The modern tow'n of Goliad is on the north side of the river, but the old presidio, mission and Mexican settlement of La Bahia were on the south side. Only the ruins of the latter remain. An early account of the old town of La Bahia was written in December, 1833. by Doctor Beales. who was head of a colonization enterprise: "La Bahia or Goliad is a wretched village situated on the right bank of the San Antonio River, about forty miles from the Copano. It contains 800 souls. It is most beautifully placed, having the old ruined church of the mission on a rising ground in front, and backed by woods on the opposite side of the river. This, with common industry, might be made a very pretty village, as they have an abundance of soft lime- stone, easily worked, and the soil is very fertile ; but from the negli- gence and idleness of the Mexican inhabitants, the streets are com- plete ravines, they have no gardens, and the houses are built partly of logs and partly of mud. The inhabitants are, almost without an exception, gamblers and smugglers, and gain their subsistence by those two occupations, and the more honorable one of carting the goods brought to the port by foreign vessels." GOXZALES Gonzales was the principal center of settlement for the DeWitt Colony, and was on the western frontier of early American settle- ment. The grant to DeWitt was approved in 1825. and the first set- tlers under the auspices of this colony came shortly afterwards. Among them was Erastus (Deaf) Smith, a historic character in Texas. Two miles east of the fork of the Guadalupe and San Marcos rivers this party founded the town of Gonzales, but their settlement was broken up by an Indian attack in July, 1826. In the following year DeWitt's colonists returned to Gonzales, and the complement of the first hun- dred families was completed by 1830, The site of the capital town was re-surveyed in 1832. Located on the frontier of .American settlement. DeWitt's colony was the first to suffer from the invasion of Santa Anna. There was a strong sentiment at Gonzales in favor of continuing Texas as a Mexi- can state, but the town was represented in the conventions of 1832 and 1833, in the consultation of 1835 and the independence conven- tion of 1836. The formal beginning of active ht)Stilities in the Texas revolution was at Gonzales, and that town was the headquarters of the Texan army before the march upon ."^an Antonio in the fall of 1835. .\t Gonzales, Houston took command of his army in March. 1836. and there began the "runaway scrape" after the fall of the Alamo. Gon- zales was burned as the Texas army retreated eastward, and as a num ber of volunteers from that section had met death in the .-Mamo and many others did not return after the war, Gonzales began practically :i new existence after the revolution. IITSTOKY OF TEXAS 39 Ma 1 Al.dKllA The municipality of Matayorda was created during the Mexican regime in 18.H. and its territur\- C(jm])rised the southeast corner of the original Austin grants. The western portion was taken in December, 1835, to form tlie municipality of Jackson. The municipality was or- ganized as a county after the establishment of the Republic, and the Town of Matagorda, which was incorporated in 1837, became the county seat. .A custom house had been established at Matagorda about 1831. and it seems to have been maintained throughout the troubled period leading to the revtflution, the collections of the port being the chief reliance of ihe Mexican garrisons at (loliad and .'"'an Old Capttoi. Ruildikg at Columbi.\ Antonio. Matagorda is at the mc)uth of the Coloraflo. thirl\ miles from Pass Cavallo. the entrance to Matagorda Ray. ■ '"ORT P.KNn in 1821 a company of fifteen or twent}' persons, headed bv William Little and members of the Austin Colony, were directed to enter tin' F.razos River and commence a settlement at some eligible place on its b.inks. They stop])ed where Richmond now is. The double log house which they built was named the I'^ort, a small cannon having been mounted on wheels ;ind stationed in the ])assage connecting the two rooms. This "Fort" and the circumstance of its location on a wide bend of the river, was the origin of the name "I'^ort .Settlement." or "Fort Rend Settlement," bv which tlie locality was known u|) to the revolution. It was here that Santa Anna transported his army over the Rrazos on his way to .San jacintn. Another point to which settlers 40 H1S1UK\ OF TEXAS came bcfure the revolution was StatTord's Point, where some promi- nent families located. Brazoria The municipality of Brazoria was created from the southern por- tion of the municipality of Austin by act of May 1, 1832, with the town of Brazoria as the capital. Some of its extensive territory went to the municipality of Matagorda in 1834, and in the same year other legislation directed the removal of the capital to Columbia and a change of name to municipality of Columbia. The provisional govern- ment of 1835 restored the old name and changed the capital to Brazoria. The climax of Columbia's greatness came when the first Texas Congress held its sessions there in the closing months of 1836. .\s the first capital it will always have an interest for Texans. Of the three original towns, \'elasco came into nominal existence with the establishment of the Mexican port and custom house in 1831 ; in 1832 it was the scene of a battle which opened the war between Texas and Mexico ; it was a rendezvous for Texas troops during the revolution, and was made a port of entry by the provisional govern- ment ; Santa Anna signed the treaties of May, 1836, there, and the old town has many other as.sociations with early history. San Patricio San Patricio, on the north bank of the Nueces River, was the capital of McMullen and McGloin's Irish colony. Near it was Fort Lipantitlan, garrisoned by Mexican soldiers at the beginning of the revolution. A company of settlers from San Patricio and neighboring colonies attacked and forced the surrender of this post in October. 1835. this following close on the battle of Gonzales. In consequence of these hostilities and the frontier position, the three delegates chosen by the municipality for the general consultation of 1835 did not arrive until the jjrovisional government was in' operation, and one of their number was chosen to a seat in the general council. The municipality had a representative in the convention of March. 1836. Refugio The center of the Hewitson and Power colony was the old Refugio Mission, which was the seat of a small Mexican population before the Irish colonists came. The mission was loopholed for a fort by the soldiers under Colonel Ward, who withstood an attack from General Urrea on March 14. 1836, but were compelled to abandon the church fort and vainly sought .-^afetv in retreat. The old mission was described in December, 1833, by Doctor Beales. the leader of an English colony, as follows: The Mission Del Refugio "is prettily situated." but "has gone to ruin. * * * The missions have now become desolate. The present one was destroyed by the Comanches a few years since. There are at present five or six miserable huts, built and inhabited by as many Irish families, brought to this country by the Emprcsario. Mr. Power, who could not properly locate them in consequence of his disputes with respect to the boundaries of his lands. They obtained lllSruRV OF TEXAS 41 permission to remain where they are till Mr. Power could place them properly and give them their titles. They have in consequence been about five years in this situation, and as they imagined their sojourn would be temporary they made no improvements, not even cultivating a bit of garden ground." Most of the Irish settlers located during 1829-33. in 1835 the set- tlements received the designation of "municipality of Refugio." Their three representatives to the general consultation were engaged in the capture of the Mexican post of Lipantitlan, on the Nueces above San Patricio, and hence did not participate in that meeting, but one of their number received a seat in the general council of the Texas provisional government on November 22d. The municipality had two repre- sentatives in the convention of 1836. AisTiN Municipality In July, 1823, under directions from the governor of Texas, the Baron de Bastrop was directed to lay out a town for the Austin colony, and Commissioner Bastrop selected a site on the southwest margin of the river Brazos on a high prairie bluff. Following the instruc- tions of the governor the commissioner gave the town the name San Felipe de Austin. In accordance with the colonization law, four leagues of land were set aside for this town, and as a result of this original grant San Felipe now has the distinction of being the only municipality in Texas conducted without taxation. It was at San Felipe that Colonel .\ustin had his home during the four or five years when he was local governor of the colony. Later it was the seat of the ayuntamiento which provided the local civil gov- ernment, and then and later was recognized as the official center and the real capital of that portion of Texas occupied by American settle ment. .At San Felipe assembled the first convention of the Texas |)eople in 1832 and 1833, and likewise the general consultation of 1835. and during the succeeding months it \\as the capital of the provisional government. San Felipe was also the place where one of the earliest Texas newspapers was published, the Tclcfiraph and Texas Register. San Felipe might j)ro])erlv claim to have been the capital of Texas from 1823 to 1836. a period of thirteen years. With all these official distinctions, San I'"eli])f was like most Texas towns of that time, a mere collection of rude pionter dwellings and business houses. In 1828 it was said to consist of abmit twenty houses, chiefly of hewti logs, and the home of Colonel .\ustiii was the most commodious in the place. \V.\shi.\(;ton rile municipalilx nf Washington was organized in July, 1835. On the authority of the historian Thrall, a ferry was established at the junction of the Navasota and P>raz(xs rivers in 1821. A number of the .Austin colonists settled in that vicinity, and the first land was culti- vated in 1822 near Independence. In 1835, John W. Hall, who had acquired some of the land adjoining the old ferry, laid out the Town of Washington on the river bank opposite the mouth of the Navasota. 42 HiSTuRV OF I'EXAS The Washington Town Ct^nipaiix . organized about that time, exhibited much enterprise in promoting the town as a rival over San Felipe. ElTorts had been made to have the general consultation meet in Wash- ington in November. 1835, but were unsuccessful. When the consulta- tion adjourned it fixed Washington as its place of meeting on March 1. 1836, and the convention which assembled at that date to draw uji the declaration of independence and the constitution of the republic met in Washington. Thus it became the first capital of the republic and the "cradle of independence." The government and most of the inhabitants fled before the Mexican army when the convention ad- journed on March 17, 1836. and did not return until after the battle of San Jacinto. Steamboat navigation along the Brazos to Washington began about 1834. ViCTORI.V Martin de Leon received a colony contract from the ^Mexican gov- ernment, October, 1824, and established the largest JNIexican colony in Texas outside of San Antonio, Nacogdoches and Goliad. A second contract was given him in April. 1829, and his lands were bounded between the coast and the La Bahia road, between the Lavaca River on the one side and the Guadalupe and Coleto on the other. Some of DeWitt's colonists established homes within these limits, and there was some dispute over boundaries with the colonists of Power and Hewitson on the south. The municipality of Guadalupe Victoria was authorized by the first contract and was organized probably in 1824. As a ^lexican settlement, Guadalupe \'ictoria was not repre- sented in the earlv conventions of Texas. However, a representative from that locality took his seat in the general council in November, 1835. after the adjournment of the general consultation. Galveston Galveston Island and Bay from the earliest period of exploration and colonization was frequented and the locality was brought into notice by some of the larger events of early Texas history. In 1816 Commodore Aury arrived in Galveston, and made it a general ren- dezvous for vessels cruising against the Spanish commerce of the gulf. Soon afterwards it became a center for the operations of the great pirate. Lafitte. who occupied the east end of the island early in 1817 and with his followers established a town, with a few frame buildings. Genera] Long, who headed an expedition into Texas in 181Q. made his headquarters for a time at Point Bolivar, and endeavored to enlist Lafitte as a partner in his enterprise. But in the meantime the United States government had directed that the pirate Lafitte should be driven from the south coast and in Ma}-. 1820, all the buildings of the pirate's cajiital were burned, and (ialveston was thus rid of its unique distinction. General Long continued to occupy the site of Lafitte's fort for a time, and after he departed on his disastrous expedition to Mexico, his wife remained at Bolivar until informed of his death. Thus, for manv years Galveston was practically uninhabited, and nothing of importance occurred until the early years of the revolution. HISTORY OF TEXAS 43 In 1830 the Mexican gt)vernniein provided for the establishment of a military post and custom house for the Galveston Revenue District, and the Port of Galveston first came into official existence at that time. On the site of Lafitte's fort a small building was erected for the custom house, but in the following year the collector moved his headquarters to Anahuac, on the other side of the bay, and once more Galveston Island was abandoned. The Texas Provisional Govern- ment, in December, 1835. ])rc)vided for the formation of the Galveston Revenue District and the estalilishment of the Port of tialveston Bay as a port of entry. About the time of the battle of San Jacinto, in April, 1836, the officers of the Texas government assembled on Gal- veston Island, and it was the temporary capital for about three weeks. Liberty On the Trinity River, near the modern town of Liberty, the presidio of Orcoquisac and the mission of Nuestra Senora de la Luz were founded in 1756, to be abandoned about sixteen years later. The lands were embraced in the empresario grants of 1826 and 1828 to Joseph V'ehlein. In a memorial drawn up by the Texas convention of 1832, it was stated that settlers had located in the country between the San Jacinto and the Sabine beginning with the year 1821, but up to 1832 no titles had been issued for their lands. It was asserted that the number of inhabitants in that section was sufficient for the establish- ment of new municipal governments. "There are but two a3'unta- mientos between the San Jjicinto and Sabine rivers, one at Nacog- doches and one at Liberty on the Trinity." A commissioner in 1834 issued about 350 titles to the settlers of Vehlein's colony. -An account of the founding of Liberty was written for the Texas .\lmanac of 1859 by Dr. N. D. Labadie, who. in 1831, became surgeon of the Mexican garrison at Anahuac. In response to a petition of seventy-two residents of this vicinity. Francisco Madero had been ap- pointed to issue titles to their lands. "Having arrived at Atascosito, near the present town of Liberty, he (Madero) stopped with Cap* William Orr, a most excellent man and good citizen. A call having been duly notified, a meeting was held at that place, to select a county seat, and Smith's Plantation and Moss' BlulT were the two places put in nomination. A majorit)- of three or four votes having been in favor of Smith's place, it was publiclv proclaimed the seat of justice and called Libertad. The requisite municipal officers were next elected: i)ut this coming to the knowledge of Colonel Rradburn at ,\nahuac, he immediately had Madero arrested by a file of soldiers, and his next step was to send forth a proclamation, accompanied by a fife and drum, declaring that Libertad was abrogated and that .\nahuac was the county seat." However, after the expulsion of P.radburn from .\nahuac in 1832. the municipalitv of Liberty retained its organiza- tion and sent delegates to the .San Felipe convention of that year. Its jurisdiction was over all the coast country between the San Jacinto and the Sabine. In the De Zavala em])resario grant nf 1829, a settlement of about thirtv families scattered from the Sabine tn the .Xeches was known as 44 HiSTURV UF lEXAS "Bevil's settlement." from John Bevil, the original settler. A wilder- ness of forty miles separated that settlement from the "Ayish Bayou settlement" near San Augustine, while it was seventy miles to the "Cow Bayou settlement" on the south. The first comers were named John Bevil, James Cheshire, Thomas Watts, John Watts, John Saul, Isaac Isaacs and Hardy Pace, who settled about 1828 or before. In 1830 this settlement was organized as a precinct of the municipality of Nacogdoches. The municipalitj- of San Augustine was constituted in March, 1834, and the municipality of Bevil was probably created in the same year. Bevil sent five delegates to the general consultation of October. 1835. The provisional government, on December 3, 1835. changed the name to the municipality of Jasper, thus honoring sergeant Jasper, and under the republic the municipality became a county. Before the Texas revolution the principal settlement between Lib- erty on the Trinity and the Sabine was the "Cow Bayou settlement." in what is now Orange County. During the Mexican regime the settlement had been attached as a precinct to the Liberty municipality in 1832, but in the fall of 1835 the separate municipality of Jeffer.son was organized. The municipal boundaries defined in the same year included only the country lying in the angles of the Neches and the Sabine, now forming Orange County. When three commissioners se- lected the seat of justice they called the site "Jefferson," which in the Texas Telegraph of September 9, 1837, was referred to as "the former county seat," on the east bank of Cow Bayou, and containing about a dozen houses. HARRISBURr. The municipality of Harrisburg was created in 1835. its boundaries being defined by the provisional government on January 1. 1836. with Harrisburg designated as the capital. The first settlers came in 1822. but no land titles were issued until 1824. Some of the historical land- marks of the county received names from the pioneers — Lynchburg on the league of Nathaniel Lynch : X'ince's Bayou from the \'ince broth- ers ; Clopper's Bar from Nicholas Clopper ; Morgan's Point from Col. James Morgan, who had a grove of bearing orange trees at the time of the Battle of San Jacinto. Lorenzo de Zavala, the first vice jjresi- dent of the republic, had a small home on Buft'alo Bayou, across from the site of the battleground, used for a hosi)ital after the battle, while David G. Burnet, the first president of Texas, was the founder of the sawmill which was the nucleus of the village of Lynchburg. Lynch- burg had had many vicissitudes as a town : it is still a place of ferriage. as it was when San Jacinto was fought. Harrisburg was founded about 1826-27. and was named for John K Harris, one of a prominent family of first settlers. A little later a trading company built a warehouse and Harris put up a sawmill. A schooner once a year brought merchandise from New Orleans, and the principal exports were cotton and hides, .\fter the constitutional con- vention adjourned at Washington on March 17th of that year. Presi- dent Burnet and cabinet and a large following of citizens retreated to Harrisburg. which was the temporary capital of Texas until the day HISTORY OF TEXAS 45 before the arrival of Santa Anna. Tlie twenty houses, stores and fac- tories were all consumed when the armv of Santa Anna arrived on April 15, 1836. Houston The land on which the original town of Houston was founded wa.- a portion of a grant made to John .\ustin under date of July 20, 1824. C. Anson Jones, a son of President Anson Jones, stated that the first settlers arrived at Houston about 1822, but no event of importance and no particular interest attaches to the place until after the success of the Texas revolution. MlNA The municipality of Mina was created in .A])ril, 1834, and the capital town was "the new town established on the left bank" of the Colorado River "at the crossing of the upi)er road leading from Bexar to Nacog- doches." Thus the town of Bastrop is one of the few landmarks in modern Texas geography to show the position of the famous old San Antonio Road, which was the chief militarv highway of the eighteenth century and had many prominent associations with the early settle- ment and development of Texas during the nineteenth century. The town of Mina had been laid out about 1830, and before the creation of the municipality the vicinity was known as the District of Mina. The jurisdiction of the old municipality extended over a large territory both above and below the San Antonio Road and on both sides of the Colorado River. The settlers were very active in all the movements for Texas independence. Thev sent three delegates to the first con- vention at San Felipe in October, 1832, and were also represented in the second convention of the next year. They were the first to or- ganize a "committee of safety" in Mav, 1835, and were represented in all the movements until the establishment of the Re])ublic. Under the Republic the mimicijialitv became the County of Mina, but in Decern her, 1837, the name was changed of both the county and countv seat to I'astrop. San Augustine .■\bout the time the Texas-Louisiana boundary question was set- tled, in 1819, or even earlier, some Americans had made settlement along the Ayish Bayou in what is now San Augustine County. The earliest of these had come several years before Austin brought into Texas the first official American colony. The little settlement at .\yish Bayou furnished some volunteers to the short-lived Fredotiian Republic during 1826-27. In 1834 the settlers along the .\yish Bavon iibtaiiied a seiiarate nnmicipal organization, under tlu- name San .Augustine. This municipality was represented in the general con- sultation at San Felipe in 1835 by Alexander Horton, who settled at Ayish Bayou in January, 1824, bv A. Houston, W. N. Seigler, A. G. Kellogg and A. E. C. Johnson. There were volunteers from the mu- nicipalil)- who served in the revolution, and after the establishment of the republic the mimicipalitv became a c(junt\'. The historic town of ."^an .\tigustinc. which was laid nut and established as a town in 1831, 46 HISTORY OF TEXAS was long kiu)\\ii as 'Ihe Ciatcway tu Texas," being tlie tirst town on the old San Antonio road after crossing the Sabine River. In 1716 one of the group of missions and military garrisons de- signed to preserve the authority of Spain on the borders of East Texas was established in the vicinity of the present Nacogdoches. By 1770 there were considerable numbers of Spanish, Indians and French set- tled about Nacogdoches, and situated close to the border of Louisiana, there were attractive opportunities for trade intercourse with the French inhaliitants of Louisiana, although such intercourse was rigidly forbidden by the Spanish authorities. Consequently there was much opposition to the royal order, issued in 1772, for the abandonment of ail the presidios, missions and settlements in East Texas, and though the removal was made to San Antonio, under the escort of a military guard, some of the inhabitants contrived to stay behind, and in 1779 a number of the exiles, under the leadership of the enterprising and in- fluential Gil Ybarbo, returned and chose to locate at Nacogdoches. Their arrival marks the beginning of the history of modern Nacog doches as a town. From that time until the American settlement of Texas began during the '20s, Nacogdoches was the only point of any considerable importance north and east of San Antonio. In 1805 it had an estimated population of about 500. Nacogdoches was at that time the eastern terminus of the great San Antonio road, the old military thoroughfare leading from ^lexico across the entire province of Texas. In spite of the rigid decree forbidding intercourse between the inhabi- tants of Texas and Louisiana, illicit trade went on, and Nacogdoches enjoyed this and other peculiar advantages as a border town. ,\fter the United States had acquired Louisiana Territory in 1803, and as a result of the various filibustering and revolutionary expeditions or- ganized for the purpose of conquering Texas, Nacogdoches became a frontier military post, and a garrison of Spanish soldiers was main- tained there for a number of years. After the settlement of the Texas- Louisiana boundary in 1819 and the repeal of the laws forbidding trade and immigration from the American side, Nacogdoches continued to profit by its position on the frontier and along the chief highwav into Texas. During the first two decades of the nineteenth century Nacog doches w-as several times occupied bv .\merican revolutionary expedi- tions, and alternately by the Spanish forces, and the town suffered from the retributive measures by which Spain endeavored to keep its eastern borders free from .\merican influence. When Stephen .\ustin passed throtigh Nacogdoches in 1821. the town was in ruins and had only the church and seven houses, including the Stone House, around the old public square. Durin? 1826-27 Nacogdoches w^as the central point in the Fredonian war. In spite of the settlement of Americans in increasing numbers over all East Texas. Nacogdoches long retained its Spanish-Mexican character and was the seat of a considerable Mexi- can population, even up to the revolution. CHAPTER VI I-. W . JOHNSON'S REMINISCENCES Ihe fullowing account of conditions in Texas up to the opening of the revolution is largely an arrangement of the reminiscences of Fran- cis \V. Johnson. The account presents an interesting ]Mcture of social and economic conditions in Texas.* In the latter part of July, 1826, some six or eight persons, among whom was Francis White Johnson, a Virginian by birth, but late of the state of Missouri, embarked on board the schooner Augusta, Capt. James Lynch master, then lying at New Orleans, for Lynchburg, Texas. After alternate calm and storm, some time in August, they came to Galveston Island, the sight of which cheered all on board. From thence, on the third day, we made Lynchburg, the place of destination, which is situated on the left bank of the River San Jacinto, opposite the mouth of Buffalo Bayou. All were glad again to place their feet on the land. The arrival of a vessel at that early day, though not the first, was of sufficient importance and interest to call forth the population for miles around. Hence, we foimd a number of the lords of the land assembled to greet the captain and such newcomers as he was for- tunate enough to enlist for Texas, learn the news from the "old states" and have a jollification. We found them a hardy, jovial and hospitable set of fellows, and enjoyed ourselves with our new acquaintances. \\'e *Johnsoii wa.s, during this period, surveyor of the ,\yish Bayou district in East Texas in 1829, one of the leaders in the attack on Anahuac and the expul- sion of Bradburn from that place in 1832, secretary of the convention which met in October of 1832 to petition the general governmnet for the separation cif Coahuila and Texas and for other reforms, and during 1833 and 1834 surveyor in the "upper colony" of Austin and Williams west of the old San Antonio Road. Karly in 1835 he became one of the more active leaders of the war party which promoted the revolution, and when the fighting began in the fall of 183.S he was among the volunteers that marched to the siege of San .\ntonio. He commanded a division of the force that stormed the town (December 5-9), and after the death of Milam succeeded to full command. After the surrender of < leneral Cos on December 9. Johnson and Dr. James Grant began preparations for an invasion of .Mexico, the contemplated point of attack being Matamoras. The expedition was opposed by Governor Smith, but the General Council of the Provisional Government authorized it and appointed Johnson and James \\'. Fannin, Jr., to the command. Before the expedition got under way Santa .\nna invaded Texas, in February of 1836, and Johnson's force was surprised at San Patricio by General ITrrea and destroyed, Johnson and three or four others alone escaping. General Houston was at this lime encamped on the Colorado a short distance above Columbus, and Johnson says that he joined some fifteen or twenty others and started for headquarters, "but being met on the way and informed that the army was retreating to the Brazos, we returned home. 1 took no further part in the struggle. I was thoroughly disgusted with the scramble for office — civil and military. ] retired to the Trinity, where I remained quietly until 1839, and then vjsitcd the United States, having been in Texas thirteen years." Johnson's historical manuscripts, including the reminiscences, were published inider the editorshif) of Prof. K. C. Barker as "A Historv of Texas and Texans," in 1914. 47 48 HISTORY OF TEXAS were invited by nearly all to make tliem a visit, rest and recreate our- selves. The next day our little party broke up into several visiting parties. White and myself accompanied Capt. William Scott, formerly of Kentucky, to his residence on the lower San Jacinto — then called "Larkinsink." Here we were kindly received by his amiable lady and family, and feasted on the good things of the land for two days. We then returned to Lynchburg with a view of making our way to tiic interior. Harrisburg, some thirty miles distant, and at the junction of Bray's with Buffalo Bayou, was the next and only port in the direction w<' wished to travel. Our party divided, some determined to go by land and others by water. Of the latter I was one, being at that time nut sick enough to keep my bed, yet not strong enough to ])erform a jour- ney over land on foot. We took passage on a large canoe, witlimil fire, and vtjyaged into Harrisburg, each of those able taking a turn at the oars. Having made a late start we were on the bayou most of the night, which we did not regret, as our captain was an old hunter and frontiersman of the good old times and enlivened the passage by anec- dote and song. He was a character in his way: had experienced many hairbreadth escapes by flood and field. .^ short time after daylight we made what was then and still is known as Vince's, on the right bank of Bufifalo Bayou, and a short distance below V'ince's Bayou, a bayou of classic notoriety. Here we landed and got a sumptuous breakfa-t of fresh, rich milk, butter and corn bread: though there was meat any witb Heddy, made several trips to San Felipe de Austin; this, though the principal town in the colony, was but a small place. However, it could boast a tavern, store and blacksmith shop and a few .American and Mexican families. It is situated on the right bank of the Brazos River, some hundred or more miles above its mouth. Here we were i)oth amused and editied, not scj much from what we saw as from what we heard. On entering the tavern, we found a number of persons, mostly citizens of the surroimding settlements, and a few merchants or traders, the latter appellation being applied to all engaged in mer- chandise or other trafific. We were kindly received by the landlord and his guests — all desirous to hear the news from the "Old States." After detailing such scraps of news as we were in possession of. the conversation became general, though much varied in its subjects. For veil, I I 50 HISTORY OF TEXAS instaiKH', (iiif yfiitlcniiiu ;iskcd thv other if lu- had selected his labor; to which lie rejdied affirmatively, and that it was the softest ])lank or puncheon in the house. However uninielligihle this was to the un- initiated, we soon learned that all a traveler had to expect in Texas was something to eat and shelter, without bed or bedding other than what he had provided for himself, which consisted of one or two blankets for bed and covering, and his saddle, or wallet, for a pillow. We had an excellent dinner and good company, both of which we enjoyed. Before closing this part of my story, however, I have a word to say of "mine host." He stood six feet and an inch or two in his stockings, was full, fat and rubicund, of eas\- and pleasing manners, a fund of anecdote, and a talent for telling them — he was a true type of the boniface of olden times. Col. William I'ettus delighted in doing good, and was known throughout the length and breadth of the colony for his philaiithropy and energy. We next visited the store, owned and kept by .Stephen Richardson and Thomas Davis, both good and true men. Their stock consisted of two or three barrels of whisky, some sugar, cotfee. salt and a few rem- nants of dry goods, in \ alue not exceeding S.SOO. Here we found a number of the lords of Texas. The\- seemed to be enjoying them- selves; soine were engaged at a game of "old sledge" or seven-up at cards; others drinking whisky, eating pcloiice (Mexican sugar), pecans; and all talking. Wc were kindl\- received, and soon felt our- selves at home. ITere, in the course of conversation, we heard the words ciih(7llada, corral, ricto, iiiiistaiiii, etc.. etc. — all of which were Greek to us. though we had heard the same words used time and again, but felt too diffident to ask their meaning. The party intuitive- ly concluded that we were "green from the states" and enlightened us as to the meaning of the different phrases used, .\fter spending an hour or more very |)leasantlv we wended our wav to Mr. Heddy's with our stock of knowledge considerably increased, and highlv pleased w ith our visit to the capital of the colony. In the latter part of the winter of this vear. the colonists were startled bv the news of a movement bv Colonel Edwards, of N'acog- doches, who had obtained permission from Coahuila and Texas t(j in- troduce and settle a certain number of families in Eastern Texas, but his contract being declared void, he was ordered to leave the country, b\- proclamation of the governor; feeling himself ill used bv the au- thorities, he rai.sed the standard of revolt and allied himself with cer- tain of the Cherokee chiefs who had settled or "sciuatted" in Texas. This news was communicated to the Mexican authorities at San An tonio de Bexar, who called on Colonel .\ustin to raise such cf)lonia1 force as he could to assist in putting down the rebellion and in main- taining the dignity ;ind supremacv of the Mexican government. Austin, foreseeing the consequences of this ill-advised ni';vement of Edwards, dispatched commissioners to confer with him and dis suade him from his rash undertakinsr. The mission was unsuccessful. Capt. \N'illiam S. Hall, one of Austin's commission'-rs. reported that Ed\var march further without them. The Mexican troops were well provided, drilled regularly, and seemed to be under good disci])line. When not on duty, both officers and men indulged in their favorite game at cards — Monte. Notwithstanding the martial appearance of the Mex- ican troops, I could not but feel that half their number of Americans would put them to flight ; not that the Mexicans are deficient in cour- age, but. it may be safely said, that they are badly commanded, though many of the of^cers are not onlv brave but gallant men. In the spring of this year, 1827, being invited and solicited by tin- Messrs. McCoy to accompan}- them to DeWitt's colony, and, being desirous to see more of the country, though still subject to chill and fever, I accepted the invitation. Our first day's travel brought us to San Bernard, some fifteen miles distant from San Felipe de .Austin, and on what is known as the Atascosito road. From thence we pro ceeded to the Colorado, which stream we crossed above the road. The weather, though cloud}-, with an occasional shower, was quite pleas- ant, and we pursued our journc}- without accident or incident until within some ten miles of De\Vitt"s station on the La Baca. Though the day had been fair, it became cloudy at nightfall. We had built a large log fire and got our suppers ; soon after we discovered a por- tentous cloud in the northwest, and occasional peals of thunder — it had been lightening in the north for some time before we heard the thunder. The cloud formed rapidly and soon darkened the heavens, and sent down torrents of rain. So heavy was the rain that it not only wet us to the skin, notwithstanding we were wrapped in our blankets, but extinguished our fire. After an hour or two the rain ceased and the clouds broke up. The storm was accompanied by a heavy blow from the north and was quite cold. After the rainstorm the wind continued to blow fiercely, but we rekindled the fire and dried our clothing and blankets, and spent the remainder of the night quite comfortablv. While enjoying the fire and drving, I observed to the elder McCoy that I thought that the drenching I had received would either kill or cure me ; to this he replied that I need be under no ajiprehensions of ill consecpiences. In this opinion he was right. T improved in health and strength from that day forward. At De Witt's Station \\c were kinrlK received 1)\ Colonel De Witt, his family and settlers. I fere I made the acquaintance of Hon. fames Kerr, princi])al surveyor of De Witt's colonv. Kerr was a gentleman of the old school, social, frank and hosi)itable. Our accpiaintance ripened into friendship and intimacy, and so continued during his life- time. Peace to his manes! We arrived at the busv season of preparing for and planting. Those of the settlers who had sufficient teams were breaking nrairie. others were clearing what was called weed prairies, and bottom lands soarselv timbered, but with a thick growth of weeds. When the ground is 52 HISTORY OF TEXAS cleared, holes are made at proper distances with a stick, and a corn seed put in the holes and covered. This done, it is left to grow and ripen and receives no other w-ork, except to knock down the weeds; the ground thus j)repared and planted will yield twenty-five or thirty, sometimes forty, bushels per acre. For want of teams and necessary implements, the settlers were planting in various directions, and at short distances frcjm the station, and consequentlv were scattered and separated for several miles from each other. My health much im- proved and improving daily, I began to feel an interest in the exertions of the settlers to provide for their families, as well as newcomers, a sufficiency of corn for bread ; as to meat, game was abundant. I visited the various planting grounds, hunted, etc., and enjoyed this sort of life very much. At the station a blockliouse had been erected to give protection to the women and children in the event of an attack on the settlement by the Indians. Hence, all the families remained at the station. Whilst visiting one of these planting camps, and un a hunt one morning, I fell in with a party of Carankawa Indians, whom I con- ducted to the camp. Being in sight and speaking distance of some of the working parties, I communicated the fact of our new visitors, and requested them to give notice to the other working parties and tn come to camp quietly and without disclosing the least excitement or alarm. The whole force was soon in, and a messenger dispatched to the station to inform Colonel De Witt of the presence of the Indians, and to request him. with such others as he might deem necessary, to come to our camp. In due time Colonel De Witt, with others arrived. In the mean- time we endeavored to make the Indians easy. They built a small fire within a few yards of our camp. On the arrival of Colonel De Witt and party a talk was held in which the Indians were assured of the i>eaceful and friendly dis])osition of the colonists. Soon after the talk, games of cards were introduced, and the Indians began to mix among us. Up to this time they had not unstrung their bows. Xow they unstrung their bows and put aside their arrow cases. Thence- forth all went on w-ell. The next morning the Indians were invited to the station, and there feasted on bread, meat and milk. They were much pleased with their reception and kind treatment and declared themselves the friends of De Witt's settlement, and thenceforth ob- served their plighted faith. rile Carankawa Indians, thuiigh but few in numbers on account of their war with freebooters. General Long. .Austin's colonists, and other tribes of Indians, are a noble looking race of men. They are of a light copper color, six feet and upwards in height, well formed and muscular. They are esteeined the best bowmen in .\merica. They are now nearly or quite extinct. Thev inhabited the Gulf shore. Having spent some month or six weeks in De Witt's colonv. and having entirelv regained mv health. I returned to ."^an Felipe de .Austin in companv with W. B. White, who made his wav to De Witt's Sta- tion while I was there. .\s will be recollected. I left White at Lvnch- btirg. in charge of and tn make sale of our venture, which he had HISTORY Ob' TEXAS 53 dispotvcd of, with what profit 1 will not pretend to say, further than that when he joined me at the station, all he had to show was a mus- tang stallion and a few dollars, a thing by no means abundant at that time. True, the Mexican officers and soldiers had dropped a few dol- lars. The circulating medium at the time being horses, cows and calves at a hxed value, according to class, deer, bear and other skins. (Jn my arrival in San Felipe de Austin, it was with difficulty that my acquaintances could recognize in me the Frank Johnson they had parted with but a few weeks before. From San Felipe I proceeded to riarrisburg, where 1 employed myself in hunting and surveying when occasion ottered. Now, for the hrst time, 1 began to think seriously of making Texas my home. True, my new resolve was much shaken by news of the death of my father. Had I been in possession of, or could 1 have raised, means for a trip to Missouri, the chances are that 1 should not have settled in Texas. In 1828 I received the news of the death of my mother. This removed all wish or desire to return to Missouri. White, however, returned in the fall of 1828. Thus orphaned, though of full age, in the world, as it were, I began to think seriously about doing something for myself, a thing about which I had thought but little previously. In the early spring, 1828, 1 made a trip to San Antonio de I'e.xar, in company with William B. Aloore, of Tennessee, and brother of John H. Moore, of Texas. John H. Moore accompanied us one day's travel beyond Burnham's on the Colorado. We then struck down the coun- try to the Atascosita road, followed the road to where it crossed the La Baca, and thence up that stream to the road leading to Gonzales, on the Guadalupe. On my way up we fell in with a party of Tonkawa Indians — friendl} . .\t the crossing of the upper road to Goliad, and that to Gonzales, 1 lost my horse in consequence of a gang of mus- tangs passing, which caused him to break loose and follow them, flowever, the next morning we proceeded on our journey "riding and tying," as it is called, to tionzales, where I obtained a pony. The settlement here had but recently been formed by Colonel De Witt and settlers. Here was the first house we had stopped at since leaving Burnham's on the Colorado. We were hospitably entertained by Colonel De Witt, and others, whom I met with before at the Station. Here I met with Mr. Porter, my shii)inate in '26. After resting two or three days at Gonzales, and procuring a small quantity of bread, being otherwise well iircjvided with sugar, coffee and salt, we pro- ceeded on our way to San .Antonio de liexar. which we reached the fourth day, though only distant seventy-five Mexican miles from Gon- zales. We had aliundant time, gave our horses amjile time to rest and feed on the ycning rich grass, amusing ourselves in killing deer and turkeys, in excess of our wants. On arriving at San ."Xntonio, we met and stopped with John W. .Smith, an .'\merican who had married a Mexican lady. Smith was living on the east side of the River .San Antonio, in what mav be termed the suburb of the town. San Antonio de Bexar is situated on both banks of the San .Kntonio River, some three miles below its source — two springs that break out at the foot of a range of hills The town is in the form of an oblong 54 HISTORY OF fEXAS square. The principal part of the town lies between the San Antonio River and the San Pedro, which has its source in the same range of hills, and near the springs of the San Antonio. The Alamo is on the east bank, enclosed by a high and strong wall. Though built for a mission, it was a place of considerable strength, and of capacity to quarter at least 1,000 troops, and was occupied as a fortress. Though the main town is in the valley of the San Antonio, the site is a good one, and remarkably healthy. Here we met William Cheves. whom I liad met al San Felipe de .\ustin on my tirst visit td that place, .Messrs. Ar..\Mo Plaza About 1857 Lacock and P. Dimmit, the two tirst. merchants, and the latter a sort of commissary to the troops, as well as butcher of the town. .A few days later we were startled by the report that a Mexican had been killed near town by Indians. The Mexican was out getting wood, and was killed by a band of Comanche Indians who passed in sight of town. There was great excitement, the drums beat to arms, the military paraded and formed in the square, the citizens stood in groups about the corners of streets. Guards v.-ere posted to prevent surprise, and the troops marched to church, where prayers were offered for the safety of the people and the place. This done, the troops were dismissed and retired to their quarters, with orders to hold themselves in readiness at a moment's warning. The killing happened about the middle of the TflSTOm- OF TEXAS 55 .iflernuoii. The conduct of the military to me was most astonishiiifj ami confirmed me in the contempt 1 entertained in 1827. However, in justice to a part of the Mexican officers, I must say that they are not only gen- tlemen, hut gallant soldiers, .\hout 10 o'clock the next day, first having attended prayers and received the henediction of the Padre, they moved forward in pursuit of the Indians, then far in advance. They returned in the morning of the next day and rei)orted that they could not over- take the Indians, a thing ni'itlirr the\- nor anyhodv else ])resent su]i|iosed they would do. Satisfied with a sightseeing, we took leave of our friends and turned our faces homeward. We made the Ciholo. some twenty-five miles dis- tant, about dusk and camped for the night. .\t ilaylight next morning we started out to kill a turkey or two. Moore went down, and 1 u)) the creek. .\s it became lighter, 1 noticed many trails and the grass beaten down. On examination 1 found it had been done h\- Indians and their horses, their tracks quite fresh. Arinmd our camp we discovered the ashes of their fires, from which we sup])osed the nuntber to have been at least 100, and concluded that they had been there not longer ago than the night before. This discovery, however, gave us no uneasiness, as it was known that the Comanches, thus far, had not molested any of the .\merican settlers. In this connection, 1 will mention that there were several Comanche chiefs in .San .\ntonio when we arrived there, who had come down to hold a talk. The\- seemed to seek and court the favor of the few Americans in that ])lace. Lacock's store was a sort of ren-kz- vous. A very old chief, who seemed to take great ])leasure in talking with us. on being asked why they did not take the town replied that it was their rancho ; that the Alexicans raised hor.scs and mules for them, \\'e then informed him that the Mexicans were going to make a cam- paign against them imless the\' made peace. To this, he remarked: The .S|)aniards had bei'n talking of making a campaign against them ever since he was a little boy, but had never done it. He and the other chiefs manifested great contem|)t for the Mexicans, and treated them more like slaves than equals. On the third day after leaving .San .\ntonio de Bexar we got to ( lon- zales, where we remained several flavs, enjoying the hospitality of Colonel Oe Witt and his settlers, the colonel and his family in jiarticular. From here we took the direct road to San hY-lipe de .Austin. sto]iping a day with John H. Moore on Cummings' Creek. On mv arrival at .San Felipe 1 was informed that White had gone west with J. C. Peyton's team. I'eyton expressed considerable uneasiness about White, who had been gone double the length of time anticipated when he left. Pe>ton offered me a hor.sc, saddle, and bridle, and money for expen?;cs of the trip if I would go in search of White, Being anxious to learn if any misfortune had befallen him, 1 agreed to go. Darius Gregg joined me, as he wished to go to Cionzales. The weather being warm and the green-head flies bad, we tfiok the .'\tascocito road, instead of the direct road to ("lonzales, the first ]iassing ihrough timber most of the wav to LaBaca. and thence up the Guadalu|)e. while the second was through ])rairie generally. In consequence of heavy rains and high water, we spent a coujile days on .Vavidad. \\ilh Hon. lames Kerr. From Gonzales 1 journeyed alone pari 56 IIISTORV OF TEXAS of thf way, and then was accompanied by some Mexicans to San An- tonio. Here I found White well and the team safe. He was preparing to leave. There was a man who called himself Parker, whom I had seen at San Felipe some months before, but who had been s])ending some time in San Antonio. He wished to return to San Felipe, but not having a horse, requested White to allow him to ride in the wagon, which he did. There was also a Mexican, a cigarmaker, w^ho wished to go with us and did. We arrived at San Felipe without accident or incident worthy of note. Soon after arriving there, however, suspicion fastened upon Parker as the murderer of a Mr. Early, with whom Parker had come to Texas. I'arker was arrested and confined. Upon enquiry and search being made, the body of Early was found, clothing, saddle, etc. ; also proof that Parker passed through Gonzales with a horse answering the description of the one ridden by Early, and without a saddle ; and further, that Parker had sold the horse in San Antonio, played at iiioiifc, and seemed to have plenty of money in gold. It was also proven that Early left the United States to come to Texas to buy horses and mules, and had brought a considerable amount of money in gold — Spanish doubloons. In New- Orleans he found Parker, who expressed a wish to go to Texas, but had no means. Early informed him of the object of his visit to Texas, and ])ropf>sed to pay his ))assage if he, Parker, would accompany and assist iiini with the horses and mules he intended to purcha.se. This Parker readily agreed to. On arriving at San Felipe, Flarly could purchase but one horse, saddle and bridle, though he tried for some time to get one for Parker. Early told Parker they would "ride and tie" until he could get a horse for him. They left together and nothing more was known of Early until his body was found. So strong were the facts and cir- cumstances, that no doubt remained of Parker's guilt. While confined, he w-as attacked with fever, of which he died, before he could be brought to trial, liefore his death, however, he made a full confession to Thomas M. Duke, E.sq.. alcalde of the jurisdiction of .Austin, and Dr. James B. Miller, of -San Felipe, both Kentuckians, that he had not only killed and robbed Early, but that he had killed two men in Kentucky. For the murder of the last he was convicted and sentence of death passed upon him, but he had been pardoned bv his father, the then governor of Ken- tucky ; had made his way to New Orleans, where he had grown old and spent all of his money when Early found him. as before stated. He also confes.sed that he had spent and gambled away nearly all the money he had robbed Early of when he joined White to come to .San Felipe ; that his intention was to kill White, myself, and the Mexican, and take what money While had — -several hundred dollars in silver — but that he was prevented from making the attempt by the watchfulness of the Mexican. While im])risoned in Kentucky and under sentence of death he attempted suicide by cutting his throat, in consequence of which he wore a silver tube and could only make himself heard by a loud whisper. Parker was an assumed name. His true name was Isaac P>. DeShay. After spending a few days in San Felipe, I returned to Harrisburg and laid out that town. In the fall 1 went uji to San Fclijie and engaged as a merchant's clerk in the house of White and Harris. HISTORY OF TEXAS 57 111 the Miiiinicr (it 1827 \\w (.'aiankawas killed the families of Rose. Cavanaugh, Graves, and \\ illiams. On learning of this disaster Captain A. C. Buckner, of the neighborhood of Bay Prairie, in which the above murders were committed, rai'^ed such force as he could at short notice, and started in jjursuit of the Indians. When he had got within 80 or 100 yards of the Colorado River, he sent forward one of his men Moses Morrison, to ascertain whether the Indians were about the river. .Morrison crawled through the high grass to the bank of the river, where lie heard the Indians talking, at the edge of the bank below ; to ascertain both their exact position and numbers, he put his head over the bank, but could not see their position nor ascertain their numbers, therefore' be moved his body suft'iciently over to give him a full view. While in this position the bank gave way, being undermined by the washing of the water, and precipitated him into the midst of the Indians, with his rifle in hand. As he descended he hallowed in a voice stronger than polite, "Here I come, d — you." So unexpected and sudden was Alor- rison's fall among them that in their fright they leaped into the river, iherebv hoping to escajie the danger that awaited them. Buckner, seeing .M(jrrison disappear and hearing him halloo, marched forward with his men and opened fire on the Indians; Morrison, however, got the first shot at them. The Indians swam down the river where they had a canoe. Pursuit and an irregular firing was kept up the Indians diving and swimming under water as long as they could, and then coming to the surface for air. Whenever a head api)eared above the surface of the water a rifle was ready to sjieed the messenger of death. Ultimately two reached the canoe, cast loose, and threw themselves flat in the bottom, l-'ortiinatelv for them, the wind sprang u() and drove their canoe sea- ward, and soon out of reach of the pursuers. Moses Morrison was a true type of the frontiersmen — bold, fearless, kind and generous, and performed well his part in subduing the wilder- ness and driving back the savage. Cajitain Buckner was a true patriot and gallant soldier. He was killed in the battle of Velasco in 18,32. Cap- tains .\. C Buckner and Robert Kuykendall were minute men in the true sense of the word, and rendered the first settlers of Austin's colony good service. Whenever the Caraiikawas made an inroad on the settlement, thev collected such force as the\ could and gave ]iursuit, and woe to thi' marauders that they encountered. This was the last fight the colonists had with the Carankawas. In the fall of the same year the colonists were greatly strengthened by immi- gration, and could muster a res|)ectable force of fighting men. Colonel .Austin determined to relieve his settlers from further raids of the Carankawas. .Accordingly he raised a force of 100 men, of whom Col. [ared !•".. Groce. Sr., and thirty of his negroes formed a jiart. .Austin was determined to exterminaie or drive them beyond the .American settle- ments. \\'hen near (ioliad he was met by the priest of that ])lace, who repre- sented to .Austin that the Indians had placed them.selves in his charge and care: and that thev desired to treat with him for peace, the i)riest pledging himself for their good behavior. Austin accejited the |)ro[iosi- tion. .ind concluded a treaty. B\ the terms of the treaty they were not 58 HISTORY 01<" TEXAS to come east of the San Antonio River. Whether or not they observed the treaty to the letter, they never after entered Austin's colony. These Indians occupied the coast country from Galveston to the San .Antonio River. They lived principally on fish and oysters, and picked up such articles as were driven ashore from wrecked vessels Although the colonists were comparatively strong, they were subject to frequent Indian raids. Indeed they had been so frequent that Colonel -Austin ordered out two companies of militia, commanded by Captains Oliver Jones and Bartlet Sims, both subject to the orders of Captain .\bner Kuykendall. At the same time. Colonel De Witt ordered out a company of his militia, under command of Captain Henry S. Brown, to unite and act in concert with Austin's troops. The troops formed a junction at Gonzales, and marched for the river .San Saba, where they were informed the \\'aco and Tehuacana Indiana- were encamped near its head. When near the point of destination, how- ever, they were discovered by Indian scouts, who immediately gave notice of the near approach of the Texans. The Indians made a ])recipitate retreat, leaving most of their camp equipage, dried meat, etc. Captain Sims, with his company, followed them, captured a number of their horses, but could not overtake the Indians. In this affair one Indian was killed and the camps destroyed. About this time (summer of 1829) or soon thereafter, Don Caspar Flores, of San Antonio de Bexar, raised a force of militia and marched upon the Waco and Tehuacana villages. In the winter of 1828-29 Thomas Thompson, of Colorado, near Bas- troj). discovered Indians in his cornfield, which was some distance from his house, taking hi> corn. He hastily collected such of his neighbors as he could and pursued the Indians. They overtook and killed four of them ; the others made good their escape. 1829. — In the spring of this year I went down to Bell's Landing on the Brazos, and took charge of a mercantile house established by White and Harris. Harris died during the summer of this vear. and I was requested by White to assist him in closing up the business of the con- cern. While here I made the acquaintance of Captain John Austin, of Brazoria, who was engaged in merchandize and running a vessel in the New Orleans trade. I had made the acquaintance of Samuel M. Wil- liams, Esq., >ccretary of Austin's colony, of whom 1 shall speak more at length hereafter, also that of George B. McKinstry. In December 1 received the appointment of deputy surveyor for one of the districts in Eastern Texas. I should have before stated that 1 made the acquaintance of Hon. David (J. Burnet. Col. Stephen F. Austin. James B. .\ustin, an only brother of the colonel's, Hon. Robert M. \\'iniamson — three-legged Willie — Hon. Richard Ellis, in fine, most of the settlers of Austin's colony. During the summer of this year, Colonel Austin made a campaign against the Waco and Tehuacana Indians on the upper Brazos. The expedition resulted in the killing of a squaw by accident, the burning of their village, and the destruction of their cro])s. They had been very troublesome for some time and had made freipient raids on the settlements. HISTORY OF TEXAS 59 In the summer of this year a Doctor Dayton, who had but recently arrived, produced considernble discontent by informing Austin's set- tlers that they were being imposed upon; that Austin was imposing a tax of twelve and a half cents per acre on all the lands that had been granted to them, without authority of law, and ior the purpose of enriching himself. Unfounded and sill}- as this report was. there were those who were weak enough and wicked enough to believe it. En- couraged by those who lent him a willing ear and the excitement which the story created, he gave notice of a public meeting, to be held at San Felipe de Austin at a certain hour, for the purpose of investiga- tion and discussion. The jx-ople assembled at the apj)ointed time, but to the astonishment of the doctor, he found but few who had listened to and pledged him their sujiport. A committee was ajjpointed l)y the meeting and directed to hear and decide upon the charges jireferred, and to recommend such further, if any, action should be taken m the matter. After a full hearing and investigation the committee re- ported the charges unfounded and false; that they regarded Doctor Dayton as a disturber of the peace and quiet of the colony and un- worthy to be received as a colonist, and lastly^ that he should be tarred, feathered, ridden on a rail througli the town, and ordered to leave the colon)' on a day named, on pain of being turned over to the Mexican authorities. The recommendation \\as accepted and prompt- ly carried into execution, since which time nothing further has been heard of the doctor. Thus ended the Dayton excitement and the first trial, judgment and execution under Judge Lynch. In the latter part of December 1 went to Nacogdoches, where I found the commissioner, Juan .Antonio Padilla, and Thomas Jefferson Chambers, surveyor general, both of whom had established their offices in that old town. Empresario contracts covered most of this territory. Some had forfeited their contracts; others had sold to companies in the United States, who had done nothing to comply with the original contract. Settlements had been made at an early day from the Sabine to the Trinity River. Through the influence of Colonel Austin a commissioner was appointed by the state govern- ment to extend titles to these people. On reporting to the commis- sioner. I was assigned to the Ayish Bayou District. 1 found there Thomas H. and John 1'. Rorden. B. Simms and several other sur- veyors; the first three from .Austin's colony. Here 1 became acquainted with Thomas F. AIcKinney, of whom I shall speak here- after, John S. Roberts, Col. Frost Thorn. Charles H. Sims, Charles S. Taylor. Adolphus Sterne. George Pollitt. and many others of Nacog- doches. I also met William Moore of Kentucky, but then of .\yish Bayou, and Elisha Roberts, with whom Aloore was living. Moore was anxious to engage in surveying, but wished to join some one who was a practical surveyor, as he had no i)ractice other than that given at school. We formed a partnership and surveyed our district in part, but stopped work in consequence of the arrest and imprisonment of the commissioner on false charges, .\fter months of confinement he was released \\ithout a trial, lie was soon after made secretary of state. He was a man of t;ilent. ;ind devoted p;itriotism. Before leav- W HISTORY OF TEXAS ing Xacugdoclu-s Johnson met witli George W. Sm\ the, who had just arrived in the country. Smythe sfion after was appointed to survey the Neches district. 1830 — After quitting work in the district. 1 returned to Nacog- doches. Moore remained to close up our business and make collec- tions of our fees. In July or August, accompanied by Charles S. Tay- lor, I returned to San Felipe dc Austin, where a short time before our arrival a man had been killed — Holcomb, a lawyer of eminence, by 11. H. League and Seth Ingram. Moore came to San Felipe in the fall. and soon after was made deputy sheriff. While 1 had been absent, William H. Jack, Esq., a prominent lawyer, had arrived. Luke Lesas- sier, another prominent lawyer, had arrived in 1829. In the fall Thomas Barnett, alcalde of the jurisdiction, authorized Capt. Abner Kuykendall to raise a company for the purpose of break- ing up a lawless gang whose headquarters were supposed to be in Gonzales. Before leaving, however, I, having joined the company, was out in search of Hiram Friley, the reported leader, who had killed a man — Fielding Porter, my ship companion — but recently in Gon- zales, and was keeping out of the way of the law, and known to be in .Austin's Colony. A man by the name of Little, after being severely "lynched," confessed that he had been harboring and feeding Friley. EJi Mitchel and myself visited Mrs. Little, who informed us that Friley was to meet her at their spring, some hundred or two yards distant, and that if we would secrete ourselves she would invite Friley to the house. At the time agreed on she went to the spring and Friley came u\) with her. As soon as we were discovered he halted, brought his gun to his shoulder. In the meantime 1 hoisted my gim and took aim, but she missed tire. I dropped my gun and reached back and told Mitchel to hand me his gun. which he did. 1 raised and tired, the load entering Friley's breast, and knocking off the hammer of his gun ; he ran some six or eight steps and fell der.d on the porch. Hav- ing ordered Little out of the colony we then proceeded to Gonzales. The Bolms of that place were known to be connected with the gang. After a strict and close examination of the old man and his son. without gaining any information, it was decided to subject the son to the ordeal of lynching. He confessed his and his father's complicity and said he would conduct us to the camp of the outlaws, some thirty or forty miles above Gonzales, on the Guadalupe River, where he said they had a con- siderable number of horses and mules. In the meantime Colonel Austin arrived, being on his way to Saltillo. the capital of the state, to attend the session of the state congress of which he was a delegate. The next morning we received the news of the killing of Roark and one or two others by Indians, near the landing on the San .Antonio road. A party was sent out as an escort, with Colonel .Austin, and to bury the dead. The next day Captain Kuydendali moved up the river, guided by young Bolm. We found a place where horses and luules had been kept either by Indians or white men, but thev had been removed. We pursued our course north for some distance without making any discovery. We then turned to the eastward, to near the divide between the waters of Guada- lupe and Colorado rivers. Having stopi)ed for breakfast and to kill lIlSTOm- OF TEXAS 61 <;aiiie. oiU' of our luintcr.-- rLtnrncd and rt.-])ort(.-cl seeinu; iwo Indians below our camp. Thus things remained, and the men were engaged in cooking, when I suggested to Captain Kuykendall the necessity of sending out a party to ascertain the number and position of the Indians, and to order the horses caught and made ready for removal or use. He requested me l(t take such number of men as I thought necessary, and scan the country in the direction where the Indians had been seen. The Indians had evi- deiitlv heard the reports of our guns, and had been sent out to discover our numbers and positions, but had returned when they saw our hunters. 1 selected five or six men for the purpose indicated. Before leaving, I requested Captain Kuykendall to keep his men in camp ; telling him that if I di.scovered the Indians and could draw them out in pursuit of us, 1 would dispatch a man to him, and that he should have all the horses removed out of sight, and take position in a ravine near by, which ran down to a small creek not more than a hundred yards from our fires. I then moved forward, keeping down the small creek some three miles to a considerable bluff, which commanded a bottom prairie some half mile in width and running to the timber of another creek. Here we saw two or three Indians come out of the timber, and they were soon followed by others. They soon saw us, hallooed and beckoned us to them. Some twenty or twenty-five had got into the prairie; all on foot except one, the chief, who was mounted on a horse. When they saw we would not advance they came forward at a run. When thev had made about half the distance across the |)rairie thev fired several shots, one of which struck one of our horses, and wounded him slightly, .\fter being satis- fied that they would pursue us if we retreated slowly, I dispatched a man to Captain Kuykendall to inform him that we would bring the Indians into the ambush The Indians jiursued. firing an occasional shot, and we retreated slowlv before them, l^nfortunately, the firing so ex- cited the men at camp that thev set forward without regard to order, and came rushing to our assistance. We re(|uested them to return to the. camp, which thev did, but not before thev were .seen by the Indians. The Indians, after this discovery, moved more slowly and cautiously, and when within a quarter of a mile of our camp, took position in a cedar thicket, with a small prairie intervening it and the post oaks. Seeing that they did not intend to advance further, and as thev opened fire from the thicket, the main body of the men rushed forward and formed near the edge of the jtrairie in the post oaks. Thev were ordered not to fire with- iiiU orders. Regardless of this order, several shots were fired, but with- out elTect. as the Indians were some .WO yards distant. It was aiipariMit that they could not be dislodged or driven from their jxjsition without exposing our men to a destructive fire, and ;i cost of many lives. The captain then asked what was best to be done. He was advised to draw off his force at a quick pace in the direction of our camp, the ravine in rear, and the creek on our right flank, hoping thus to draw the Indians from their cover, and attack them at advantage. Thev advanced slowly and cautiously under cover of the timber and brush of the creek and out of range of our guns. We then crossed the creek and took up a position from which we could observe their movements. Thus foiled by our own imprudence we lost rin nppiirtunit\ of ch.'isiising, if not destroying, this 62 HISTORY OF TEXAS band of savage marauders. After nianoeuvering to get advantage of these wily sons of the forest and prairies to no effect, we took up the line of march for Gonzales. The night of the day of our arrival. Indians entered the town and stole several horses, shot at some of the citizens, and attempted to lasso another. The next morning, it was discovered by their fire, and other signs, that the party did not consist of more tliaii five or six Indians. Pursuit was useless. After ordering the Bolms out of the colony, the company returned to San Felipe. This little expedition had the effect of breaking up the out- laws, and giving quiet to the .\ustin and De Witt colonies. In the mean- time, an election had been ordered for alcalde and members of the ayun- tamiento of the municipality of Au,stin. My name was offered for the office of alcalde. I was elected by a larpe majority over my competitor, qualified, and entered uijon the duties of the office. This is an impor- tant and responsible office, with jurisdiction in all civil and criminal ]iroceedings. In 1831, the state congress passed a decree requiring all merchants and traders to take out and pay a license tax. The national government, during the same period, established three additional posts in Texas — one at Tenoxtitlan. upper Brazos. Col. Francisco Ruiz, commander : one at the mouth of the Brazos, commanded bv Colonel Ugartechea. and one near the mouth of the Trinity, .\nahuac, commanded by Col. Juan Davis Bradburn. The declared object for establishing the military posts was to give protection to the frontier, and to insure the better collection of custom duties, but the real object was to hold in check if not overawe the colonists, of whom thev were both jealous and afraid. .\ kindred meas- ure more insulting and unjust and calculated to effect the colony disas- trouslv was the decree of the 6th of April. 18,^0, b\- which all North .Americans were prohibited from cominsj to and settling in Texas. In the early part of Johnson's administration complaint was entered by Colonel Ruiz against a Mr. Millican, whom he charged with .seizing and whipping one of his soldiers. This Millican denied, and charged that he found the soldier with one of his beeves. To avoid turning Mil- lican over to the Mexican authorities as long as pos.sible. the case was submitted to the political chief at Bexar, and a correspondence at once took place between the alcalde and chief, which was continued until near the end of his ofticial term, and for once beating them with their own weapons. For this success the alcalde was indebted to Samuel M. Wil- liams, Esq., colonial secretary, and also of the ayuntamiento of Austin who conducted the correspondence. But our troubles were not to end with the Millican affair. Col. Martin Parmer, a prominent actor in the Fredonian affair, who had left the country in conse((uence, returned, and as if to heard the lion in his den. in comjjany witli Col. James Bowie visited .'^an .AiUonio. Po]nilar as Bowie was at that time with the Mex- icans, he could not disabuse them of the jealousy and fears of Parmer. Parmer, finding his situation unpleasant if not dangerous, soon returned. An order was immediately directed to the alcalde asking the arrest of Parmer. .Xccompanying this was a subaltern officer and file of men, who rejjorted themselves to the alcalde and held themselves subject to his order. Without unnecessary delay, yet sufficient to enable Parmer's HISTORY OF TEXAS 63 frieiuis lo give liiiii notice of the unfriendly intention of the Mexican authorities, the necessary writ for the arrest of Parmer was placed in the hands of tlie deputy sherilT, Cajitain Francis Adams, friend and associate of Parmer. Accompanied by the officer and his squad of men Adams proceeded to make diligent search for Parmer, but the bird had flown, the search was unsuccessful, the party returned and reported, much dis- ap]iointed. and the officer somewhat chopf alien. Thus, again, were the colonists relieved of another unpleasant alTair. Small as these things were in themselves, they were fair and true instances of the feelings indulged toward the Anglo-Americans by the Mexican authority They tirsi took alarin at the rising at Nacogdoches in 1826 under the lead of Fdwards, which may be said to be the germ seed of their subsequent troubles, and the war of independence. In the early part of '.M Francisco Madero, accompanied by J. M. Carbajal, arrived at San Felipe de Austin, on his way to the lower Trinity in Kastern Texas. Madero had been ajipointed commissioner for the purpose of extending titles to the settlers in that region and to establish and organize a jurisdiction and cause to be elected an alcalde and other municipal officers. After spending a few days at San Felipe, the com- missioner, with his surveyor, Carbajal, proceeded to Liberty, on the Trinity, and entered upon his duties with promptness and efficiency : organized a municipality, and ordered an election for the necessary officers, who were dulv installed and immediatelv entered upon their several duties. Madero, by his independence and nianl\ course, soon drew upon him- self and the surveyor the prejudice, distrust, and jealously of Rradburn. the military commander of the post of .\nahuac. Under one pretext and another, Bradburn caused Madero and Carbajal to be arrested and confined, thereby sus])ending their ofticial ftmctions. The gross illegality of this act is too manifest to retpiire ;irgumenl or comment. Madero was acting under the authority of the state govern- ment, and in strict conformity to both the decree and the laws of the State of Coahuila and Texas. Not satisfied, however, Bradburn abol- ished the munici|ja!ity. and established one at .Xnahuac. without the sanction or knowledge of the state government. .As if not satisfied with these acts of lawlessness and violence, he nexl arrested and imprisoned a number of citizens in the fort, imder one pretext or another. Of those arrested and imprisoned William Barrett Travis, Patrick C. Jack, .Samuel P. Allen and Monroe Edwards were of the number. These arrests and imprisonments were made in the latter part of the spring of 18.32. In the meantime, the constituted rmthorities of Liberty continued to exercise their several offices, not- withstanding the orders and threats made by Bradburn. Having served out my term of office, I was succeeded by Horatio Chriesman, as first, and John Austin, as second alcalde, in 1832. In the fall of 1832 I was appointed principal surveyor of Austin's Colony. In the latter part of the fall, in company with my friend and ])artner, William Moore, I ])roceeded to Tenoxtitlan on the ujjper I'razus. and ctmimenced work in what was kni.)\\n as the Nashville (A HISTORY OF TEXAS Grant, or Robertson Colony, where we continued to work until the early part of July, 1833. This year marks two remarkable occurrences — the great ovcrfloic and cholera. Moore was engaged on the Upper Brazos and I on San Andres, or Little River. Tenoxtitlan was the highest settlement on the Brazos, except a trading post established by Francis Smith at the falls of the Brazos. In the spring of this year I found myself and party one morning surrounded by Indians. We had noticed fresh "signs" the evening before. However, as our position was a secure one and the Indians perceived us prepared to defend ourselves, they declared themselves friends ; held a talk and departed, apparently well satisfied. They were a hunting party, and encamped on a creek some two miles distant, where they remained some time, but gave us no trouble. They were quite a strong party, numbering some hundred and fifty. In the latter part of June, while engaged making surveys on the San Antonio road, the road being the line between the lower and upper colony, I. with a boy whom I had with me, and a Mr. Con- nell, was meandering the road and establishing the courses of various tracts, and Thomas A. Graves, with the main partv, was running the extension line, we fell in with a small party of Tonkawa Indians. Con- nell and the boy had made a miscount in measuring the last line, and, Conneil being in bad health, the bov and myself went back to the last station to correct the distance. I saw that the boy was excited, alarmed, and assured him that there was nothing to fear from the Indians, that I knew them to be friendly. \\'hile we were measuring the line Conneil sat down, and on turning around we could not see him ; this greatlv alarmed the boy, but I reassured him, and we started back. How far he followed me I do not know, but on arriving where I had left Conneil and the Indians, Conneil asked me where the boy was; not seeing him. I hallooed several times, but received no answer. We concluded that in his fright he had run to our camp, which was on the road. The Indians made us understand that thev wished to go to Tenoxtitlan ; we accompanied them to our camp, then gave them something to eat, and a letter to the citizens of that place, and cau- tioned them in approaching the place to hold up something in token of friendship, as the hostile Indians made occasional raids on the ■ ttlement. As soon as the Indians departed, we went in search of the bov. the only trace of whom was his track in a deep ravine. .\ccording to his own account, which he gave later, he kept in ravines and thickets most of the dav but all the time making his wav towards Tenoxtitlan, where he arrived the next morning, and rei^orf d us killed by the Indians. This produced great excitement and a'arm : an ex- press wa.s immediatelv sent to the lower settlements to reouest aid. in the meantime keeping up a strict watch. The call wa« responded to promptly, and on the fourth dav some fiftv men arrived at mv camp to perform the last act of sepulture. Vou mav well imagine their sur- prise and iov at finding us not onlv alive, but readv for our allowance and dailv labor. Thev spent the dav with ns in a manner hiehlv satis- factory to all. They departed, after receivine our hearts- and heartfelt thanks, to their several homes. Soon after. I was joined b\ m\ friend HISTORY OF TEXAS 65 Moore, who had (|uit work some time before. I sent the boy in with him. On my arrival at San Felipe I was informed that so confident were they of the truth of the first report that a meeting was called, resolutions adopted, and a eulogy ])repared by Patrick C. Jack, which I doubt not was more complinuntary and laudatory than either true or deserved. In the fall of this year Captain Horatio Chriesman and John H. Money joined Moore and myself in surveying. We continued our work until the beginning of the summer of 1834, when we stojiped on account of the season. In the meantime, Robertson had applied for and obtained an extension of time within w-hich the families con- tracted for by the Nashville Company were to be introduced. Hence operations in the Upper Colony were suspended for the time by .Xustin and Williams, who had. 1832, obtained the colony. In December, 1834, I accompanied S. M. Williams, Esc)., Dr. Robert Peebles, and Major B. F. Smith, to Monclova, the seat of government, where the state congress, or legislature, was then in session. On our way we were joined by Colonel De Witt at Gonzales. We spent a day or two at San Antonio de Bexar, where we were treated with marked consideration and respect. On our arrival at Monclova, we found a number of Colonists, among whom I may name Colonel B. R. Milam and James Bowie. J. K. Allen, A. J. Yates, W. H. Steele. James Carter, together with several others. I also made the acquaintance of Colonel James Grant, a deputy in the legislature; Dan J. Toler, Dr. John Cameron, General John T. Mason and Alexander Newland. Here we remained until the early part of May when the legislature adjourned to meet at San .■\ntonio de Bexar, and to prevent being dispersed by military force, which was threatened by General Cos, the military commander, with headcjuarters at Saltillo. All Mexico was in a ferment ; the Vice- President, Gomez Farias, had Iteen arrested and thrown into prison but escaped and arrived at Monclova. where he was secreted b}' his friends until necessary arrangements could be made for his escai)e to the United States of the North. Before closing the occurrences of this year, we will record the scalping of Joseph Wilbarger, and the killing of two men Strother and Christian. Though there is nothing remarkable in the killing of tw(j men. and the scalping of another, suiii)oscd to be dead, there is a cir cunistance connected with this occurrence that carries it out of the ordinary occurrences of the sort. The account of this affair is given by a gentleman whom we have known for some forty years, and whom we know to be a gentleman of undoubted veracity, and one, too, who knew the parties who were the suflferers. James R. Pace the narrator, had the statement from Wilbarger, and those who visited the scene of disaster, buried the dead, and brought in Wilbarger. The n.irration is as follows : "In the autum of 1834, a party of five men left Wilbarger's prairie, six miles above the town of Bastrop — their names were Josiah Wilbarger, Thomas Christian, Haynie, Strother. and King. The j)artv moved up the east margin of the Cf)lora(lci Rix'cr lo vin.. I 5 66 HISTORY OF TEXAS Mr. Reuben Hornsby's ; frum thence they continued up to the foot of the mountains, just above the [present] city of Austin. "Here they remained a day or two ; and, on the evening previous to the disaster, which well-nigh destroyed the party, they discovered an Indian in the prairie on horse-back about three-fourths of a mile from the foot of the mountain and gave chase to him, but being well mounted he made good his escape unharmed. "The party continued their examination in the neighborhood of Pilot Knob and the Colorado until the following day, up to noon, when they halted on a small stream which now passes through Mr. Steel Mathew's pasture, to get their dinner. Haynie and King protested against stopping, as thev were in the neigh- borhood of Indians, but numbers ruled. Wilbarger, Christian, and Strother hobbled their horses, while King and Haynie tied theirs within a few feet of where they had stopped. They were not long in making ready their frugal dinner. While eating, a noise or roaring, such as is made by a large herd of bufTalo. was heard. Haynie, who had never been in an Indian country before, was alarmed, jumped up. and saw a large body of Indians coming down through the timber, and, in their direction. He gave the alarm and, upon turning his head, still further to the left he saw an Indian within some twenty yards of them, he immediately raised his gun, a small squirrel rifle, and shot him in the head, which produced instant death. "The Indians on horseback by this time had come down on the north side of the creek and nearly surrounded them : while those in the timber had got in close range, and opened fire. Strother, who was near the mouth of a small ravine, received a mortal wound, of which he informed his companions. Christian up to this time had sheltered himself behind a post-oak tree, where he had his powder-horn shattered by a ball : he soon after received a ball that produced death. Wilbarger also had taken position behind a tree, where he was shot. "King and Haynie now cut the stake ropes of their horses, mounted and passed out of the only opening not yet occupied by the Indians. The Indians, in the meantime, captured the three hobbled horses. Thus, Wilbarger was left alone w-ith his dead companions, on foot, and wounded, with some two hundred and fifty Indians around him! Escape seemed next to impossible, yet he essayed it. but did not get more than a hundred yards when he received a ball in the neck, fracturing the bone; he fell. and was unconscious for a time. While in this state, he was stripped and scalped, the Indians supposing he was dead. To escape by crossing the creek was impossible, as the bluff was occupied by some hundred Indians on foot. With sucli fearful odds, the wonder is that he got away at all. "Haynie and King made good their escape, and arrived, in less than one hour, at the house of Mr. Reuben Hornsbv. The '■ ». HISTORY OF TEXAS 67 news was communicated from thence to the lower settlement as rapidly as it could be conve\cd on horseback. "The settlers below. John B. Walters. Wells, and others, whose names I do not recollect, collected and went up that night to Hornsby's. All was excitement, for they knew not at what moment an attack would be made on the settlement. Rut little sleep was indulged in; however, late at night, all being (juiet. the party spread their pallets and enjoyed a sound sleep for a time. While thus asleep the party was aroused b}- the screams of Mrs. Hornsb}- who called upon the men to go and bring in \\'ilbarger. who she declared was not dead but lying under a l)()St-oak tree, about one mile from the place of disaster! -Mr. llornsby, and the company, ridiculed the idea of W'ilbarger's being alive, and ultimately persuaded Mrs. Hornsbj- to go to sleep again, which she did. Sometime before dawn the whole party were again aroused by the screams of Mrs. Hornsby, who reiterated her former declaration, and jumped out of bed. "Preparations were at once made, and the party, as soon as thev could see their way, set forward on their sad and ])aitiful journey. They took the route for the place of attack; and, about one mile before reaching it, Joseph Martin, I think, said to Walters, 'shoot that d — <1 Indian,' Walters being on the side next to the supposed Indian. He instantly raised his rifle, when Wilbarger, a pitiable and hideous sight, and almost exhausted, called in a feeble voice 'W'alters don't shoot, it is me' which was heard, and the voice of Wilbarger recognized. At this discovery, the party, wild with excited joy. sent up a shout, which, could the savages have heard it, would have caused them to beat a hasty retreat. "Here the party divided; some employed themselves in mak- ing a litter on which to convey W'ilbarger to the settlement. The others went to the scene of disaster, which they had no difficulty in finding. They gave to the dead such sepulture as their limited means would admit of; returned to their friends, and made their way back to the settlement. On arriving at Mr. Hornsby's. a physician was immediately sent for. and all that kindness and the generous feeling of a hospitable people could do to alleviate the sufferings and minister to the comforts of Wilbarger were ex- tended." The part of Mrs. Hornsby in this tragic affair is, to sa\- the least, a most remarkable case. Her declaration is verified by all who per- formed the last rites of the dead — even to the post-oak tree, and the distance from the scene of disaster where Wilbarger was discovered, were found to be substantiallv correct. In the latter part of this year, the ayuntamiento of the munici- pality of Austin, elected Francis W. Johnson judge of the first in- stance, and George Ewing, judge of the second instance, for that municipality, her population entitling the jurisdiction U> these two officers. CHAPTER VII FEDERAL RELATIONS The two preceding chapters present a picture of Texas with widely separated communities, made possible by comparative freedom from Indian attack. The settlements were essentially agricultural. Food consisted of fresh meat, salt pork, wild game, corn bread, limited quantities of coffee and tea, and whisky without prescription. Houses were cabins, and daily life, as well as business, seem largely an outdoor transaction. Estimated totals of trade and commerce appear large, but the tonnage at points of origin demanded only ox-carts and boats of lightest draft. Aside from a few "bad men," society consisted of farmers, traders, a few doctors and lawyers, and a transient element of travelers and speculators. On the whole, the picture presented is of an easy-going, generous, extremely hospitable people. In a new country without surplus wealth, where perforce the individual must pursue some form of legitimate activity, the disposition to agitate and cherish imaginary ills could make little headway. While few of the Texans came from colleges and made any claim to literary culture, the letters, resolu- tions and other documents of the period are remarkable for the con- structive thought indicative of the intellectual processes of their authors. In Stephen Austin, in particular, the colonists had a coun- selor whose dispassionate judgment frequentl)' reached the heights of true statesmanship. If this view of their character is essentially just, the Texans obviously could not be denominated a war-like people, fomenting and anticipating trouble, eager for pretext of rebellion. They were "a citizenry trained to arms" by the exigencies of the time and possessed the individual and collective faculty of resolute and courageous action in com- bat distinctive of other American frontiersmen. But as they were not of the inflammable character that begets war from within, it is im- portant to inquire the causes and factors that made war inevitable. These factors, unfortunately, cannot be presented in a paragraph. Nor can they be presented in chronological sequence or in relative value of importance. The revolutionary storm rose out of elements from without and within, variable and confused at the time. Of the exterior causes may be mentioned the instability of the Mexcian government: the policy adopted for colonial administration: the attitude of the United States government. Successive Governments in Mexico In 1828 the term of the first president of the Mexican republic ex- pired. Pedraza was elected his successor, but the charge of fraud was raised, and General Santa .A.nna led the revolution to seat the defeated candidate, Guerero. For four days the streets of the capital were the scene of riot and bloodshed, ending in the triumph of the revolution- ists. In lanuary. 182Q, the congress declared Guerero president, and 68 HISTORY OF TEXAS 69 Bustamente vice president, the latter having been the candidate of the Pedraza party for that office. In December, 1829, Guerero retired from office, thus leaving Bustamente as chief executive. Bustamente, as head of the government, soon proved a despot, though he had begun as the defender of the constitution, which he claimed to have been violated in the choice of Guerero over Pedraza. For a brief term supported by the aristocracy, clergy and army, he ruled absolutely, disregarded constitutional restraints, and made con- gress the instrument of his arbitrary power. In January, 1832, a counter movement began in the garrison at Vera Cruz, in a protest by the officers against the violation of the constitution by Bustamente and his ministers. This was the "plan of Vera Cruz." It was inspired, no doubt, by Santa Anna, who had been in retirement for some time, but now came forward and took the active direction of this revolution "for constitutional Hberty." The troops in all parts of the republic rapidly fell into line and declared for the "plan of Vera Cruz." The revolution was accomplished with little bloodshed. In November, 1832, Bustamente, being deserted by the majority of his troops, resigned his office, and fled the country. Santa Anna, having avowed himself as the restorer of the constitu- tion, and the success of his campaign being due to his pose in the char- acter, shrewdly chose a course of action that would not reveal his ulterior designs. His first act was to recall Pedraza, who had been rightfully elected president in 1828, and whose term would expire early in 1833. This increased his esteem among the republicans. He then retired to his estate. Early in 1833 occurred the elections for the third president of the republic. Santa Anna was the unanimous choice of the delegates, and entered office in the spring of that year. So far his conduct was above criticism, and he had gained the highest office of the republic with strict regard for the letter of the consti- tution. Colonial Administration of Texas Coahuila and Texas, as a state of federal Mexico, was, by the con- stitution of 1827, divided into three departments, all Texas consti- tuting the Department of Bexar, with its capital at San Antonio. Over this department a political chief presided. He was nominated by the local municipalities and apjiointod by the governor, for a term of four years. His salary was eight hundred dollars, and he had an allowance of four hundred dollars for clerk hire and other office expenses. He was the principal executive officer of his department, responsible for its tranquillity and good order. All laws and in-: structions from the superior authorities had to be promulgated by him, and he was the medium through which the citizens com- municated with the government. In January, 1831, the eastern part of Texas was erected into the separate department of Nacogdoches, with its capital at that town. The western boundary was defined as beginning "at Bolivar Point on Galveston Bay ; thence running northwesterly to strike between the San Jacinto and Trinity Rivers, following the dividing ridge between 70 HISTORY OF TEXAS the >aid rivers to tlie head waters of the San Jacinto; thence follow- ing the dividing ridge between the Brazos and Trinity to the head waters of the latter, and terminating north of the source of the said Trinity upon Red River." Again, in March, 1834, the department of Brazos was created between the departments of Bexar and Nacog- doches, the line between the department of the Brazos and that of Bexar being in general the Lavaca and Guadalupe Rivers. These changes were in the interest of the Anglo-American colonists, and gave them a greater share in the local administration than thej- had previously enjoyed. Each department, of course, had a ])olitical chief of its own. The departments were divided in turn into municipalities, each municipality consisting of a town, or village, and an indefinite area of the country surrounding it. The government of the municipality was vested in a board, called the ayuntamiento, and elected by the citizens of the municipalit}-. The presiding officer was the alcalde, corre- sponding fairly closely to the mayor of a modern town. Other mem- bers of the board were two or more regidores. the number depending on the population of the municipality, and a sindico procurador. The regidores were the modern ward aldermen, and the sindico was the city recorder. The alcalde was the official head of the municipality, and received from the political chief all public documents to be pro- mulgated in the community. He had minor judicial power, but this was apparently decreased through the creation of "primary judges" liy the judiciary laws of 1834. General Mier Y. Teran was commissioned by President X'ictoria in September, 1827, to proceed to East Texas for the purpose of sur- veying the boundary between Mexico and the United States ; and at the same time he seems to have been instructed to make a careful inspection of the colonies and report his observations to the govern- ment. He arrived at San Antonio on ^larch 10, 1828, and, after a leisurely progress through the colonies, he was at Nacogdoches in Jime. On the 30th day of that month he wrote Victoria a long letter describing conditions around Nacogdoches and show-ing keen insight into the situation there. The refusal of the United States to ratify the boundary treaty relieved Teran of any excu,«e for lingering in Texas, and in the fall of 1828 he betook himself to Matamoras. He was again in Texas during the spring of 1829, making observations and formulating plans for bringing the province more fully under federal control. In September, 1829, he was appointed commander of the Eastern Provinces and thus became the superior militarx officer of Texas, in a position to urge his views upon the general government. In December his friend .Xnastasio Bustamente unseated President Guerrero and placed himself in the presidential chair. Bustamente had been commander of the Eastern Provinces only a few months before, and was prepared, therefore to give Teran's proposals a sympathetic hearing. Teran had, in fact, already been authorized to strengthen the military establishments in Texas, but had failed to obtain the required troops. On January 6, 1830, he reiterated his request, and outlined in detail his plan for preserving Texas to HISTORY OF TEXAS 71 Mexico. In February, 1830, Lucas Alanian, the secretar)- of foreign relations, incorporated Teran's recommendations, with a few of his own ideas, in a report to congress and urged their enactment into law. Out of these proposals came the famous "decree of April 6, 1830." Teran's program, embraced in the law, is thus outlined : "(1) The removal to the Nueces of several companies now on the Rio Grande; (2) the establishment of a strong and perma- nent garrison at the main crossing of the Brazos River, that there may be an intermediate force in the unsettled region sejiarating Nacogdoches and Bexar; (3) the reinforcement of the existing garrisons by filling the quota of infantry properly belonging to them ; (4) the occupation and fortification of some point above Galveston Bay, and another at the mouth of the Brazos, for the purpose of controlling the colonies; (5) the organization of a mobile force equipped for sudden and rapid marches to a threatened point; (6) and, finally, the establishment of com- munications by sea between other Mexican ports and lexas." The political measures which he advised were: (1) The trans- portation of Mexican convicts to Texas, where they should serve their sentence and then settle; (2) "the encouragement by all legitimate means of the emigration of Mexican families to Texas ; (3) the colonization of Texas with Swiss and German colonists, whose language and customs, being different from those of our neighbors, will make less dangerous the proximity of the latter ; (4) the encouragement of coastwise trade, which is the only means by which close relations can be established between Texas and other parts of the Republic, and by which this department, now so North American in spirit, ma\^ be nationalized." The particular contributions of Alaman to the decree were articles ten and eleven, by far the most obnoxious portions to the Texans. The first forbade the further introduction of slaves, while in article eleven "it is prohibited that emigrants frotn nations bordering on this Republic shall settle in the states or territories adjacent to their own nation." The stoppage of the introduction of slaves was not so serious, because means had alread}^ been provided by the state congress for evading this provision, but article eleven closed the door completely for the future to the legal settlement in Texas of emigrants from the United States. It is doubtful whether Teran, with his practical knowl- edge of conditions in the provinces would have endorsed it. Little can be said against this decree from the point of view of the govern- ment, suspicious as it was of the designs of the United States, and desperately anxious to save one of its most valuable provinces. The establishment of coasting trade, the encouragement of Mexican emi- gration, and the fortification of a frontier province were eminently proper; the prohibition of further colonization from the United States might well be considered a justifiable measure of self-defense; and even the establishment of convict colonies was in accord with the practice of the most enlightened nations (England was still trans- porting criminals to her colonies), ffowever, the colonists were in no mood to view the matter from the Mexican standpoint. They 72 HISTORY OF TEXAS saw their friends and relatives debarred from joining them, while the province was to be occupied by soldiers of extremely questionable character, and overrun by criminals and vagabonds from the lowest class in Mexico. For a time excitement ran high, especially in the eastern part of Texas; but it subsided with less murmuring than might well have been expected. Teran's conviction that stringent measures were needed to save Texas to Mexico was probably strengthened by his knowledge that the United States was very anxious to extend its western boundary over Texas. The United States had, in fact, been trying since 1825 to obtain all or a part of the province by means of a boundary adjustment, which it was thought would be less objectionable to Mexican pride than an out- right offer of purchase. It was with the object of keeping the question open, the Mexicans thought, that the United States senate had failed to ratify the treaty of limits in 1828. A brief summary will suffice to present the attitude of the United States. On March 26. 1825, three weeks after the inauguration of Presi- dent John Quincy Adams, Henry Clay, then secretary of state, wrote to Joel R. Poinsett, our charge d'affaires at Mexico, instructing him to feel the pulse of the Mexican government on the subject of a readjustment. Clay declared that the Sabine boundary was not altogether satisfactory, and suggested that Mexico might perhaps be induced to substitute for it the Brazos, the Colorado, or even the Rio Grande. He wrote Poinsett that the president "thought the present might be an auspicious period for urging a negotiation, at Mexico, to settle the boundary between the territories of the two Republics." The success of the negotiation would probably be promoted, he said, by throwing into it motives not strictly belonging to the subject, so the United States was disposed to pay a reasonable pecuniary consideration for such a boundary as was desired. The line preferred would run up the Rio Grande and the Pecos to the source of the latter, thence north to the Arkansas, and along that river to the forty-second parallel, "and thence by that parallel to the South Sea." A less desirable line would ascend the Colorado to its source. and then proceed north to the Arkansas, as before. For the first line a maximum price of a million dollars might be offered, and for the second, five hundred thousand. The great size and frequency of grants of land by Mexico to citizens of the United States led the latter to think, he said, that Mexico did not value land as we did. Moreover, the emigrants would carry with them our principles of law, liberty, and religion ; collisions might be expected, and those collisions would insensibly enlist the sympathies and feelings of the two republics and lead to misunder- standings. Thus a new boundary would prove mutually advantageous. Two years later Martin Van Buren, for President Jackson, repeated these instructions in a modified form. The eagerness of the presidential desire for Texas is indicated by the shrinkage of the boundary to bei asked for and the expansion of the price to be offered. The most pre- ferable southern boundary would be "the desert or Grand Prairie" west of the Nueces. For this the minister might offer four million dollars, but the president's convictions of its great value to the United States were so strong that he would not object, if it should be found "indispensably HISTORY OF TEXAS 73 necessary, to go as high as five millions." Ahernate proposals were authorized for the line of the Lavaca, the Colorado, or the Brazos Rivers, and a proportionate part of the four million dollars would be paid for it. The president was aware that the subject was a difficult one, but he hoped that the considerations to be advanced by Mr. Poinsett, pecuniary and otherwise, would enable him to accomplish the desired cession. Poinsett was recalled in October, and the same authority was extended to Anthony Butler, who, as charge d'affaires of the United States, succeeded him. It was probably known in Mexico that Butler's special mission would be to secure a cession of Texas, and the fact was bitterly resented. No Mexican statesman was better informed of the desires of the United States concerning Texas, or had less wish to see them accom- plished, than Lucas Alaman. It was soon after Butler's arrival in the City of Mexico, that Alaman in a report to congress urged the enactment above described. In his argument he bitterly arraigned the greed of the United States for territory and their unscrupulous methods of getting it: "The United States of the North have been going on success- fully acquiring, without awakening public attention, all the terri- tories adjoining theirs. * * * They commence by introducing themselves into the territory which they covet, upon pretense of commercial negotiations, or of the establishment of colonies, with or without the assent of the government to which it belongs. These colonies grow, multiply, become the predominant party in the popula- tion; and as soon as a support is found in this manner, they begin to set up rights which it is impossible to sustain in a serious dis- cussion, and to bring forward ridiculous pretensions, founded upon historical facts which are admitted by nobody. * * * These extravagant opinions are, for the first time, presented to the world by unknown writers ; and the labor which is employed by others, in oflFering proofs and reasonings, is spent by them in repetitions and multiplied allegations, for the purpose of drawing the attention of their fellow-citizens, not upon the justice of the proposition, but upon the advantages and interests to be obtained or subserved by their admission. "Their machinations in the country they wish to acquire are then brought to light by the appearance of explorers, some of whom set- tle on the soil, alleging that their presence does not affect the ques- tion of the right of sovereignty or possession to the land. These pioneers excite, by degrees, movements which disturb the political state of the country in dispute, and then follow discontents and dis- satisfaction, calculated to fatigue the patience of the legitimate owner, and to diminish the usefulness of the administration and of the exercise of authority. When things have come to this pass, which is precisely the present state of things in Texas, the diplomatic management commences. The inquietude they have excited in the territory in dispute, the interests of the colonists therein established, the insurrection of adventurers, and savages instigated by them, and the pertinacity with which the opinion is set up as to their right of possession, become the subjects of notes, full of expressions of 74 HISTORY OF TEXAS justice and moderation, until, with tlie aid of other incidents, which are never wanting in the course of diplomatic relations, the desired end is attained of concluding an arrangement as onerous for one party as it is advantageous to the other. Sometimes more direct means are resorted to ; and taking advantage of the enfeehled state, or domestic difficulties, of the possessor of the soil, they proceed, upon the most extraordinary pretexts, to make themselves masters of the country, as was the case in the Floridas; leaving the question to be decided afterwards as to the legality of the possession, which force alone could take from them. This conduct has given them the immense extent of country they occupy, and which they have acquired since their separation from England : and this is what they have set on foot with respect to Texas." With this survey of external influences directed upon Texas, it re- mains to examine particularly the elTects of the decree of April 6, 1830. and other issues productive of distrust between the settlers and the government. Slavery Issue Most of the colonists came from the South and owned slaves. As a means of discouraging immigration, the government authorities re- garded the exclusion of slavery as the readiest and most feasible method at their command. General J. M. Tornel was the advocate of this policy in the federal congress, and twice he secured the passage through the senate of a bill which would have had the desired efTect. but both times it failed in the lower house. Back of Tornel. apparently, was General Manuel Mier y Teran, commander of the Eastern Internal Provinces, and chief of the commission appointed to run the boundary between Texas and the United States. Failing to get his measure through congress, Tornel turned to President Vicente Guerrero, and, while the latter was tempo- rarily invested with dictatorial power in the fall of 1829. induced him to issue a decree freeing all the slaves in the Republic of Mexico. Anti-slavery sentiment had been strong in ^lexico since the liberation from Spain, and the first general colonization law. passed during the short reign of Iturbide. while permitting settlers to bring in their own slaves, forbade the buying and selling of slaves in the empire, and pro- vided that the children of slaves born in ^Mexico should become free at the age of fourteen. After the downfall of Iturbide. congress took up the matter again and passed a stringent law (July 13. 1824). against the slave trade. "Commerce and traffic in slaves." proceeding from any country were prohibited ; and slaves introduced contrary to the tenor of this provision were declared "free in virtue of the mere act of tread- ing Mexican territory." There was some question as to whether the provision of the law did not make illegal the further immigration of slaves with their masters. At the time, however, it was not so inter- preted. The federal constitution, which was completed in October, 1824. did not mention slavery, and there were no more federal laws on the subject until the famous decree of April 6. 1830. The state constitution of Coahuila and Texas, however, promulgated March 21. 1827, pro- HISTORY Ob' TEXAS 75 hibited the further immigration of slaves after six months, and declared that children of slaves born in the state should be free at birth. A law of September 15 following required each municipality to make a list of the slaves in its jurisdiction, and to keep a register of the children born of slaves after the publication of the constitution, which should be reported to the governor every three months. This, of course, was ex- pected to facilitate the enforcement of the constitutional provision. Shortly afterward (November 24, 1827), a decree was passed giving a slave the right to change his master, provided the new master would indemnify the old one. This was no doubt designed in the interest of ihc slave, but it can be readily seen that it afforded an easy means of evading the law against buying and selling slaves. We have no evidence concerning its operation, but nothing would have been simpler than for the two masters to come to a satisfactory agreement and then represent that the slave wished to change his master. The slave question was as an intensely practical one in Texas, and settlers already in the province, as well as others who contemplated set- tling there, were deeply interested. Little free labor was to be had, and slaves were considered indispensable in breaking the wilderness. Austin had bestirred himself from the beginning to prevent the pro- hibition of slavery, and the recognition of the institution in Iturbide's colonization law was due entirely to his persistent and strenuous efforts. Again, in the state congress, it was the tireless activity of the Texans and of their agent in the capital which prevented the outright liberation by the constitution of the slaves already in the state. By 1828 members of the state congress were brought to see the practical side of the ques- tion, and a law of May 5 legalized contracts made in "foreign countries" between emigrants and "the servants or day laborers of working men whom they introduce." The object of this law was palpably to enable colonists to continue to introduce slaves under the device of peonage con- tracts, and they were not slow to use it. Just before crossing the boun- dary an emigrant would visit a notary in the United States and have his slaves sign the necessary contract. It is doubtful whether Guerrero's emancipation decree would have affected negroes introduced under this device, since technically they were not slaves but corresponded to the peons of the Mexican haciendas. But the colonists were greatly alarmed and did not pause to draw a dis- tinction. Besides, there were probably a thousand slaves in the country who had been brought in before 1828, and these were unquestionably affected. The colonists were convinced that ruin stared ihem in the face, and first, in order to gain time, arranged with the various ayunta- mientos to delay the official publication of the decree, when it should arrive; and then, as always when in trouble, ihey turned to Stephen F. Austin for direction. The following letter from Au.stin to John Durst of Nacogdoches shows how strongly Austin felt on the subject, as well as his ])lan of procedure to obtain relief : "\\'hat the peojilc of Texas have to do is to rejiresent to the gt)vernnient through the Ayuntaniientos or some other channel, in a very respectful manner that agreeable to the constitution, and the colonization laws, ail their projjerty is guaranteed to them without 76 HISTORY OF TEXAS exceptions in the most solemn and sacred manner. That they brought their slave property into the country and have retained it here, under the faith of that guarantee, and in consequence of a special invitation publicly given to emigrants by the government in the colonization law to do so. That the constitution of the state expressly recognizes the right of property in slaves by allowing six months after its publication for their introduction into the state. That they will defend it, and with it, their property. "There ought to be no vociferous and visionary excitement or noise about this matter. Our course is a very plain one — calm, de- liberate, dispassionate, inflexible, firmness ; and not windy and ridiculous blowing and wild threats, and much less anything like opposition to the Mexican Constitution ; nothing of this kind will do any good ; it will, in fact, be unjustifiable, and will never be approved of by me, but on the contrary opposed most decidedly. I will not violate my duty as a Mexican citizen. "The constitution must be both our shield, and our arms ; under it, and with it. we must constitutionally defend ourselves and our property." Partly through Austin's influence, and partly because he himself was convinced that the emancipation of the Texas slaves would be a disas- trous blow to the province, the political chief of the department of Bexar (which then included all Texas) withheld the publication of the decree until he could memorialize the president for its withdrawal or modification. His petition was forwarded through the governor of the state, and that ofificial also addressed the president, urging relief. The arguments of these officials had the desired effect, and on December 2, 1829, the governor was notified that the president had been pleased "to declare the department of Texas excepted" from the operation of the general decree. This reprieve was transmitted by the governor to the political chief at San Antonio, and by him it was forwarded to the various ayuntamientos and formally published in the usual manner. A copy is preserved in the Texas Gazette of January 30, 1830. The crisis thus passed, but it left scars in its wake. The colonists thought the decree a wanton interference with their rights of property, guaranteed by the constitution ; and the Mexican authorities could not forget the threatening tone of colonial remonstrances. Austin's letter quoted above plainly suggests that the Texans might resist by force the execution of the decree, and the governor in his memorial thought that its enforcement might "draw upon the state some commotions." He did not wish to imply by this, he said, that the settlers were turbulent and insubordinate ; in fact, he had nothing but proof to the contrary, but he thought that resistance could be easily inferred if one reflected upon the natural inclinations of man "when, from one day to another, he is about to be ruined, as would result to manv of them, whose whole fortune consists in their slaves." Military Occupation The decree of April 6. 1830, was the more resented because it seemed to be the intention of the government to enforce it. Teran had already HISTORY OF TEXAS 71 been authorized to proceed with his plan of military occupation, and this was now continued as a means of executing^ the law. Garrisons were placed at Tenoxtitlan. where the San Antonio and Nacogdoches road crossed the Brazos ; at Velasco, the mouth of the Brazos ; at Anahuac, near the head of Galveston Bay ; and troops were moved from the Rio Grande to Lipantitlan, near the mouth of the Nueces. There were gar- risons already at San Antonio. Goliad, and Nacogdoches. In spite of all efforts to enforce the law it was generally evaded ; and friction soon developed between the colonists and the soldiers. The declared object for establishing these posts was to insure the better collection of custom duties, and the protection of the frontier against the Indians, the real object was to strengthen them by sending in small detachments of troops from time to time, until the number would enable President Bustamante to enforce his arbitrary and despotic rule in Texas. With the establishment of these military posts was an order making Galveston Island a port of entry, with the custom-house at the mouth of the Trinity, which greatly annoyed the masters of ves- sels engaged in the Texas trade. During this year, 1831, the alcalde of San Felipe had serious trouble with the authorities of the state : First, in consequence of one of the colonists inflicting summary punishment on a soldier belonging to the garrison at Tenoxtitlan, of which act Colonel Ruiz made complaint. Millican, the offending party, declared that he found the soldier butcher- ing one of his beeves. A correspondence was at once opened by the Political Chief and the alcalde of the jurisdiction of Austin, which was kept up until near the end of the term of the latter, when Millican was relieved. The next trouble was occasioned by the return to Texas of Colonel Martin Parmer, of Fredonian notoriety. He, however, eluded the vigilance of the civil and military authorities by the aid of friends. The next cause of trouble was the arrival of Alexander Thompson and a few families at Nacogdoches, where they had .some trouble with the commandant of that post. Colonel Piedras, who, in compliance with orders, refused to let them pass, and ordered them out of the country. However, they made their way to Austin's colony. Austin received them as colonists, and made a favorable report to the government, which averted further trouble. In the latter part of the year 1829 Don Juan Antonio Padilla, who had been appointed commissioner to extend titles and put the inhabitants east of Austin's colony in possession of their lands, accompanied by his .surveyor, Thomas Jefferson Chambers, arrived at San Felipe de Austin, where they remained some time, and thence proceeded to Nacogdoches, where he established his ofiRce and appointed surveyors for the rural districts. Soon after this, however, he was arrested and imprisoned in Nacogdoches on a false charge of murder. Thus he was prevented from extending titles and giving the inhabitants possession of their lands. However, surveys were made for the settlers in the several districts. Following the arrest of Padilla, Don Francisco Madero, of Coahuila was appointed to fill the vacancy. Madero. with his surveyor J. M. Carbajal, reached San Felipe de Austin in the latter part of December. 1830. or early in January. 1831, where he spent some time with Colonel 78 HISTORY OF TEXAS Austin, whom he consuUed as to the best mode of proceeding in his new mission. Instead of establishing his office at Nacogdoches, as Padilla had done, he proceeded to Liberty, on the Trinity River, estabhshed his office, created the municipality of Liberty, and held an election for alcalde and members of the ayuntamiento of the municipality. Having organized the government, he took necessary measures to have the lands of the settlers surveyed. These measures of Madero seem to have given great offense to Colonel J. D. Bradburn. who commanded the new garrison at Anahuac. and who. in accordance with instructions from General Teran, or on his own motion, caused Madero and his surveyor. Carbajal. to be arrested and imprisoned at Anahuac under the charge of acting in violation of the decree of April 6, 1830. To further annoy the people of Liberty, Bradburn annulled the act of Madero in creating a municipal- ity, and established one at Anahuac. composed of creatures of his own and subservient to his will. However, this new creation of his was short lived, and soon fell to pieces by its own inherent rottenness. His first measure was to close the port of Brazos and make Galveston the only port of entry in Texas, with the custom house at Anahuac. Against this lawless and arbitrary act the citizens of Brazoria protested, and deputed Dr. Branch T. Archer and George B. McKinstry to wait upon Colonel Bradburn and get the order countermanded. Bradburn pre- varicated when called upon by the committee, and said he would have to consult his commander, General Teran. but these stern republicans were not to be put off by .so transparent a pretense, and demanded revoca- tion of the obnoxious order. Bradburn reluctantly yielded and issued the necessary order to re-open the port of Brazos. In May, 1832, an outrage committed by a soldier of the garrison caused a number of citizens to assemble, and the perpetrator was severely punished. For this and on other pretexts Bradburn had W'illiam Bar- rett Travis, Patrick C. Jack. Samuel T. Allen. Monroe Edwards, and other citizens of the jurisdiction arrested and imprisoned in Fort Anahuac. Their release was demanded on the ground that the civil and not a military court had jurisdiction. A force was hastily assembled under arms, and F. W. Johnson elected captain. On the march to Anahuac, some Mexican cavalry were captured, and on the third day of the siege Bradburn agreed to turn over the citizens the follow- ing day on condition the Texans released their prisoners and retired to Turtle Bayou. The Texans restored the prisoners, but the next day Bradburn marched out of his fort and fired on the town. "Thus far." to quote Captain Johnson, the historian of the ex- pedition, "we had acted on our own motion, and without authority of law, and had already been denounced as traitors." A consultation ensued, arid "in forming our decision we were greatly- aided by certain intelligence that General Antonio Lopez de Santa Anna had taken up arms against President Bustamante, and in support and defense of the constitution of 1824 which had been violated by Bustamante's despotism. In this was presented a haven of safety. A committee was appointed to draft a preamble and resolutions setting forth HISTORY OF TEXAS 79 the causes which cunipelled us to take up arms, our devotion to the constitution of 1824, and our support of the gallant chieftain. General ATitonio Lopez de Santa Anna." The rejwrt. adopted June 13lh, was known as the "'iurtle Bayou Resolutions." a jjrotest against the military occupation and \iolation of civil rights — an afifirmation of loyalty and devotion "to a ct)rrcct inter])retatioii and enforcement of the constitution and laws accord ing to their true spirit." .\t the same time it was voted that the investment of .\nahuac should continue, and reinforcements summoned from more distant settlements. John .'\ustin and William J. Russell were sent to Rra- zoriti for artillery and ammunition. The commandant of Fort Velasco refusing permission to trans])ort this material by water, the Rra- zorians resolved to attack and capture F'ort Velasco. and then pro cced to Anahuac. .\ schooner was commandeered and three pieces of cannon jnit on board, while the main force moved by land. The attack was oi^ened from the vessel and the land forces in the early hours of June 26th. and at 10 a. m. a white flag was hoisted on the fort. The terms of surrender w-ere signed June 29th. In this battle the colonists had seven killed, and seventeen wounded — and in this respect the battle of Velasco stands out as one of the important eng.'igements of the revolutionary period. In the meantime Colonel I'iedras had marched from .Nacogdoches to relieve .\nahuac. but had found the citizen army barring all a])proaches. In the course of a formal interview between Johnson and Fiedras. a courier arrived with mail from Nacogdoches, including an official document promoting Colonel Piedras. who is quoted by Johnson as saying "I now rank Colonel Bradburn. and will cheer- fullv deliver the citizen ])risoners to the alcalde of Liberty." lie proved true to his word, and thus the primary object of the camjiaign was achieved. This bold attack on two military posts caused profounrl excite iiient through the colonies. The majority doubtless viewed the matter m the light of the immediate circumstances and approved the fortn- tuite issue if not all the means employed. The grave concern felt by the more thoughtful was due to the fear of more repressive measures by the government, certain to impair and distmb the period of relative prosperity the colonists were then enjoying. In fact, the local councils of San Felipe and Matagorda expressed formal disa|)proval of the forceful measures, and the politicil chiel of the department hurried from San Antonio, but after attetidiug the meetings and receiving the reports ni the commanders of the two expeditions expressed himself satisfied with what had been done. The people of Nacogdoches. San .Augustine. Teneha and Bevil's settlement on the Neches. not to be outdone in the good work, called a public meeting, which resolved to organize an armed force, march ui)on Nacogdoches, invite Colonel Piedras and his troops to declare for the constitution of 1824. surrender, or tight. Janus W . I'.ullock wa> elected tri the command. 80 HISTORY OF TEXAS On the first of August, 1832, Colonel Bullock marched, and en- camped near Nacogdoches. Isaac W. Burton, Philip Sublett, and Henry Augustine were appointed a committee to wait upon Colonel Piedras, and communicate to him the resolutions of the citizens then in camp near the town, and numbering some three hundred men. Piedras received them courteously, but firmly declined to declare for General Santa Anna, and informed them that he would defend his position to the utmost of his ability. The next day Colonel Bullock marched near the town, hoping to draw Piedras out, but that cautious commander remained quietly in his quarters, a large church, with strong walls, and impervious to the shot of small arms. Colonel Bullock, failing to provoke an attack by Piedras, marched into the town. On his march, the Mexican cavalry made a dash at and fired on the Texans, then wheeled and retreated to their position, with what result we are not informed. In the rally by the cavalry, Don Encarnacion Chirino, alcalde of Nacogdoches, was killed. The Texans then took possession of the "Old Stone House," the hotel of John S. Roberts, then occupied as a storehouse, and several others on the plaza, from which positions a desultory fire was kept up — the Texans firing only when a Mexican showed himself. Thus the battle was kept up until evening, when the Mexican made a sortie, but being repulsed with loss they retired to the church. Many, if not all. of Piedras's subalterns were known to be republi- cans and under these circumstances and with communications cut. he wisely determined to retreat under cover of night, and gave the neces- sary order. He threw his ammunition, except a few rounds, into wells, but left all his stores, his dead and wounded. The next morning his advance was fired on, while letting their horses drink at the Angelina. Piedras, believing his retreat cut oflf. turned over the command to Major Francisco Medina, who on assum ing command declared for the constitution of 1824 and General Santa Anna and surrendered his force on demand to the Texans. The Mexi- cans lost in this battle forty-seven killed and as many wounded. The Texans had three killed and five wounded. In the meantime, at the first sound of alarm. Colonel Francisco Ruiz, of Tenoxtitlan, evacuated that place and fell back to San Antonio. The garrison at Anahuac had sailed for Mexico in July, to join Santa Anna, and thus the Anglo-American settlements were freed from the military. Garrisons still remained, however, in the Mexican settlements at Goliad and San Antonio. Meanwhile, news of the disturbance at Anahuac and Velasco had been communicated to the national and state authorities. Colonel John Austin was a delegate to the state legislature, then in session, but on receipt of the news from Texas he obtained leave of absence to return home. On his arrival at Matamoras he met Colonel Jose Antonio Mexia, who informed him that he had been ordered to reduce Matamoras first and then proceed to Texas to reduce the rebellious colonists. He said, however, that he had entered into a convention with Colonel Guerra. commandant of Matamoras under the Busta- HISTORY OF TEXAS 81 mantc government, and that lie had a squadron of five vessels and four hundred soldiers. Colonel Austin informed him that he was then on his way to Texas, and that he had no doubt that the colonists had been misrepresented to the government. Mexia invited him to take passage with the squadron, which Austin readily accepted. On the 14th of July they left Brazos Santiago and sailed for the mouth of the Brazos River, where they arrived on the 16th. Colonel Alexia remained six days at Brazoria and was entertained by the colonists in lavish fashion, with public meetings, a banquet and a ball. He was apparently thoroughly convinced of the sincerity of the Texan declarations in favor of Santa Anna and the plan of Vera Cruz, and left the mouth of the Brazos on July 23. After his departure the municipalities of Texas generally passed resolutions declaring their adhesion to Santa Anna. \oi,. 1—6 CHAPTER VIII CONVENTIONS OF 1832-33 By a fortunate turn of affairs the calamity of invasion and war was averted from Texas for three years. During this period the Texas colo- nies were knit together in practical experience and sentiment, and thus prepared for united resistance when the crisis came. Without this period of preparation, during which the colonies became accustomed to assem- bling in convention and acting in combination on matters affecting their general welfare, it is doubtful if Texas could have presented an organ- ized resistance to Santa Anna's armies, and the settlements would have fallen one by one before an overwhelming force. On August 22, just a month after the departure of Colonel Mexia, the ayuntamiento of San Felipe issued through its two alcaldes a call for a convention to meet at San Felipe on October 1, 1832. Several reasons were given for issuing the call : ( 1 ) The separate districts of Texas had been taking action individually to restore the constitution and laws which had been deranged by the troops. "These measures have heretofore been adopted by the inhabitants of each district without any general concert ; thus exposing Texas to the danger of confusion, which might materially affect the public tranquility." (2) "The late occurrences have been grossly misrepresented by the enemies of Texas, and efforts have been made, and are continually making, to prejudice our fellow-citizens, in other parts of the Mexican Republic, against the people of Texas, by circulating reports that the object of the late events was to declare this country independent of Mexico, which is absolutely false and without any foundation in truth." (3) "The Indians have commenced depredations on the frontiers of the Rivers Brazos, Colorado, (luadalupc and San Antonio ; and the scattered situation of the settle- ments imperiously requires that some measures should be adopted for their security." (4) "There are. indeed, many subjects connected with the welfare of Texas which ought to be laid before the Constitutional authorities of the Mexican Nation : and these considerations of safety to ourselves, respect for the character of the people of Texas, the mo- tives which have influenced them, and the sanctity of the cause of the Constitution, as proclaimed in Vera Cruz, which we have espoused, have induced the civil authorities of the Municipality of Austin, to recom- mend that the people of Texas should be consulted at this important crisis, which may be done by the election of delegates." Though the time allowed bv the call was short, sixteen districts of the Anglo-American section of Texas elected delegates to the convention. From San Felipe w^ere Stephen F. Austin, Wilv Martin, F. W. Johnson and Luke Lesassier ; from Brazoria (the district of Victoria, as it was called), George B. McKinstry, William H. Wharton, John Austin, Charles D. Sayre ; from Mina (Bastrop), Ira Ingram, Silas Dinsmore, Eli Mer- cer : from Hidalgo. Nestor Clay, Alexander Thompson ; from San Jacinto. .Archibald B. Dobson. George F. Richardson, Robert Wilson; from \'iesca. Jared !•".. Groce, \\'i11iani Robin.son. Joshua Hadly ; from 82 HISTORY OF TEXAS 83 Alfred, Samuel Bruff. Uavid Wright. William D. Lacy, William R. Hensley, Jesse Burnhani : from Labaca. William Menifee. James Kerr. ( leorge Sutherland, Hugh McGuffin, Joseph K. Looney ; from Gonzales, Henry S. Brown, C. Stinnett; fmni Mill Creek, John Connell, Samuel C". Douglass; from Macogdoches, Charles S. Taylor, Thomas Hastings, and Truman Hantz ; from Ayish Bayou, I'hilip Sublett, Donald McDon- ald, William McFarland, Wyatt Hanks, and Jacob Garret ; from Snow ( Neches) River, Thomas D. Beauchatiip, Elijah Isaacs, Samuel Looney, James Looney ; from Sabine, Benjamin Holt, Absalom Hier, Jesse Par- ker; from Tenaha, William English, Frederick Foye, George Butler. John M. Bradly, Jonas Harrison; from Liberty, Patrick C. Jack, Clai- borne West, James Morgan. Stephen F. Austin and William H. Wharton were nominated for [^resident and F. W. Johnson and C. D. Taylor for secretary. Austin was elected by thirty-one votes to W'harton's fifteen, and Johnson won over his opponent by- a vote of thirty-four to eleven. It is noteworthy that Austin and Wharton represented, respectively, the conservative and the radical elements of the colonists. One was striving with all his power to develop Texas in citizenship and resources to a point where it could demand its just rights without inviting destruction from a superior force ; the other was the impetuous patriot willing to risk all in a quick, decisive encounter. Nearly all manufactured goods required by the colonists had to be imported, if dependence can be placed on the report of the committee on tariflF : — "The duties on articles of the first necessity to the inhabitants, which are not, and cannot be, manufactured in Texas, for several years to come, are so high as to be equivalent to a total prohibition ; that many other articles which are prohibited by the Tariff are of the first necessity to the settlers of Texas; and as the people, in this .section of the Republic, are yet almost without resources, and are generally farmers who make their support by cultivating the land, and have no manufacturing establishments yet erected within the limits of Texas — they respectfully petition the general govern- ment to grant for three years the privilege of introducing free of duty such articles as are indispensable to the prosperity of Texas; among which this convention begs leave to enumerate the following, viz. : Provisions, Iron and Steel, Machinery, Farming Utensils. Tools of the various Mechanic Arts, Hardware and Hollow-ware. Nails, Wagons and Carts, Cotton Bagging and Bale Rope, coarse Cotton Goods and Clothing, Shoes and Hats, Household and Kitchen I""urniture, Tobacco for chewing in small quantities. Powder. Lead and Shot, Medicines, Books and Stationery. The foregoing articles include the jirincipal imports made use of, and wanted by the inhabitants of Texas ; many of them are prohibited, and on those which are allowed to be introduced the duties are so high that they amount to a prohibition. The trade to Texas is small, and the re- sources limited, but if fostered by a liberal policy on the part of the general government, it will, in a few years, \ield a revenue of no small importance." 84 HISTORY OF TEXAS After some discussion this memorial was adopted without amend- ment. The work of the convention is outlined in a letter written by Secre- tary Johnson to the ayuntamiento of San Antonio, subsequent to adjourn- ment. "After full deliberation it was concluded to represent to the congress, agreeably to article 2d of the law of May 7, 1824, that Texas has the proper requisites to form singly a state separate from Coahuila. It was further agreed to claim a reform of the maritime tariflf, and the abrogation of article 11th of the law of April 6, 1830, prohibiting the immigration of natives of the United States of th(? north. A request was also made to the government to appoint a commissioner for the settlement of land matters, and to establish an ayuntamiento between the San Jacinto and Sabine rivers ; also to grant certain lands to the ayuntamientos of Texas, by the sale whereof they might raise the funds needed to erect schoolhouses and support schools of the Spanish and American languages. In view of the exposed situation of the country to Indian depredations, the convention agreed upon framing a provincial regulation for the militia. They also appointed a standing, or central, committee in this town and subordinate committees in every section represented in the body. It was made the duty of the central committee to cor- respond with the subordinate committees, inform them concerning subjects of general interest, arid, in case of emergency, to call another general meeting or Texas convention." In Texas, the convention, like American mass meetings in general, provided a vent for the pent-up excitement attending the commotions of the time, and in so far it tended to calm the people and enable them to resume their regular routine of life. Austin, replying to a letter from the political chief at San Antonio, who condemned the convention and threatened punishment to the colonists for such proceedings, declared that as a result of the convention "already the public is better satisfied, and we have had more quiet than we had some time anterior thereto." Continuing, he said : "In times like the present, any measure is bad that tends to irritate and produce excitement : every measure is good that is calculated to soothe, bind up and bring about tranquility and good order." As to the ultimate results. .Austin's opinion, expressed in the same letter, was gloomy. "T have but little hope of obtaining anything from the govern ■ ment of Mexico. There is little probability that we shall soon have a stable and peaceable order of public affairs ; and I give it as mv deliberate judgment that Texas is lost if she take no measure of her own for her welfare. I incline to the opinion that it is your duty, as chief magistrate, to call a general convention to take into consideration the condition of the country. I do not know how the state or general government can presume to say that the people of Texas have violated the constitution, when the acts of both govern- ments have long since killed the constitution, and when the confed- Sam Houston 86 HISTORY OF TEXAS eration itself has hardly any life left. I cannot approve the asser- tion that the people have not the right to assemble peaceably, and calmly and respectfully represent their wants. In short, the condi- tion of Texas is bad, but we may fear to see it still worse." The administration of affairs in Texas at that time required careful handHng, a fact that was understood by Santa Anna himself. In a let- ter written to the minister of state under the reinstated President Pedraza, he wrote : "Satisfied, as I am. that the foreigners who have introduced themselves in that province have a strong tendency to declare them- selves independent of the republic ; and that all their remonstrances and complaints are but disguised to that end, I think it to be of paramount importance that General Filisola should forthwith pro- ceed to fulfill his mission, having first been well supplied with good officers and the greatest number of troops possible, with instructions both to secure the integrity of our territory and do justice to the colonists. The interest of the nation requires a kind policy towards those people, for they have done us good service, and, it must be confessed, they have not on all occasions been treated with justice and liberality." Among the colonists themselves the convention of 1832 had not given entire satisfaction. Some complained that its action was not positive enough, that it ought to have proceeded immediately to the adoption of a .state constitution and the organization of a government, instead of peti- tioning for permission to do so. Others thought that the convention would better not have been held at all ; and still others were dissatisfied because the convention had followed so closely upon the call for elections that it had been difficult to elect representatives and get them to San Felipe in time for the meeting. These conditions, in connection with the fact that during the winter of 1832-1833 Santa Anna was elected president, led the Central Committee to call a second convention to meet at San Felipe on April 1, 1833. The notice was issued in January, and the elections were to take place the first of March, thus allowing ample time for deliberation and action. It was hoped that Santa Anna would view with favor the petitions of the Texans who had assisted him by expelling from the province the officials of his rival, Bustamante. The same districts were represented in this assembly as in the con- vention of 1832, and for the most part by the same representatives. One of the notable additions to this body was General Sam Houston, who had arrived in Texas the preceding December. Johnson was not a member. Stephen F. Austin and William H. Wharton were again rivals for the presidency, and this time Wharton was elected. Thomas Hastings was elected secretary. The convention did little more than re-enact the resolutions and memorials of the preceding meeting. In the petition for separation the delegates went further than they had thought wise to go in 1832. A committee of which Sam Houston was chairman drew up a constitution for submission to the approval of congress, and David G. Burnet, as chairman of another committee, drafted a long memorial arguing for its acceptance. HISTORY OF TEXAS 87 The constitution \va> a slightly modified copy of the organic law of individual American states. Mexican officials of that time, and con- servative American today, would see dangerous radicalism in the "bill of rights," the first two articles being: "Art. 1. All power is inherent in the people, and all free govern- ments are fortned upon their authority, and established for their peace, safety, and hajjpiness. For the advancement of those ends, they have an inviolable right to alter, reform and abolish the govern- ment in such a manner as they may think proper. "Art 2. Government being instituted, for the protection and common interest of all per.sons, the slavish doctrine of non-resist- ance against arrogant power and oppression, is discarded, as de- structive to the happiness of mankind, and as insulting to the rights, and subversive to the wants of any people." Stephen F. Austin was not in full accord with the convention. He feared it would be misunderstood, and thought that it would have been better to repeat the action of the first convention and apply for permis- sion to frame a constitution, instead of going ahead and submitting the finished product to congress for approval. Nevertheless the convention elected him to go to Mexico to urge the acceptance of the various petir tions. The members knew his influence with the government, and hoped that he would be successful in gaining the desired reforms. Dr. J. B. Miller of San Felipe and Erasmo Seguin of San Antonio were elected to accompany him, but neither went, so that Austin undertook the mis- sion alone. CHAPTER IX AUSTIN'S MISSION On April 22, a little more than ten days after the adjournment of the convention, Austin set out. He was to go by San Antonio and Goliad, and endeavor to get the Mexican settlers of the department of Bexar to join in the petition for a state government. He reached San Antonio on the 29th and remained until the 7th or 8th of May. His visit failed of its object. There is no report of the result of Austin's visit to Goliad, though, as there were a number of Anglo-American residents in that district, it is probable that he was more successful than he had been at San Antonio. At Matamoras he called on the military commandant of the Eastern Provinces, General Vicente Filisola, explained to him the pur- pose of the mission to Mexico, and obtained a passport. At the same time he forwarded through Filisola a copy of the constitution and memorials to the government. He left Matamoras about the first of June, expecting to reach Vera Cruz in six or seven days, but in fact he did not arrive until July 2, after a voyage of thirty days. The vessel on which he was embarked was a small schooner, provisioned only with salt food, and the hardships of the last ten days of the voyage were increased by a shortage of fresh water. The Civil war which had removed Bustamante from the presidential chair was still going on, conditions were very unsettled, and travel was far from safe. Nevertheless, Austin set out for the capital on the 5th of July. He was detained for some days at Jalappa, because the military commandant at Vera Cruz had neglected to endorse his passport, and only reached the City of Mexico on July 18, nearly three months after his departure from San Felipe. Santa Anna, the president, was absent from the city, conducting a campaign against Generals Arista and Duran, the representatives of the old Bustamante regime ; so that Austin ex- plained his business to the vice-president, Gomez Farias, and the ministry. In his argument he confined himself to pressing the separation, and says nothing about the acceptance of the constitution which he took to Mexico. The petition for state government was referred by the ministry to the house of deputies on August 21, with a suggestion that prompt action was desirable ; but at about the same time congress adjourned on account of a raging epidemic of Asiatic cholera, and was not again in session for nearly a month. The uncertainty of the Civil war and the tedious delay amid such harrowing conditions were wearing out Austin's patience. Then toward the end of September he heard of the ravages of cholera in Texas. Some of his best friends, and his little niece, Mary Perry, had died. Sick at heart and impatient of the dilatory methods of the government, he called on the vice-president and told him plainly that unless some attention were quickly given to the petition of the Texans he feared that they would act without the government's authorization. Farias, interpreting this as a threat, became very angry, and Austin left the conference convinced that no relief was to be expected from that 88 HISTORY OF TEXAS 89 source. Reporting the meeting to his brother-in-law the next day, he said, "I am tired of this government. Texas must take care of her- self without paying any attention to these people or to the govern- ment. They always have been in revolution, and I believe always will be. I have had much more respect for them than they deserve — but I am done with all that." The same day (October 2) he wrote to the ayuntamiento of San Antonio recommending that all the ayuntamientos of Texas jjut them- selves into communication with each other without delay for the pur- pose of organizing a local government for Texas, in the form of a state of the Mexican federation founded upon the law of May 7, 1824, and have everything ready to accomplish this in union and harmony as soon as it is known that the general congress has refused its approbation. "This step is absolutely necessary as a preparatory measure, because there is now no doubt that the fate of Texas depends upon itself and not upon this government ; nor is there any doubt that, unless the inhabitants of Texas take all its affairs into their own hands, that country is lost." .\ few days later, October 7, 1833, Santa Anna won a decisive victory over the reactionary forces at Guanajuato. Congress on October 22nd passed the repeal of the eleventh article of the law of April 6, 1830; and on the arrival of Santa Anna, who was expected in a few days, he intended to make a final effort to settle the state, question. The United States was making a strong effort, through Colonel Anthony Butler, charge d'affaires at Mexico, to obtain a transfer of Texas ; and Austin had some hope that the government would either organize it as a state or transfer it to the United States. On November 5, 1833, Santa Anna called a meeting of his cabinet, which Austin attended, to discuss the Texas questions. The president announced himself as favorably disposed toward Texas, and said that the general government would consider all the petitions presented by Austin ; and would recommend to the state government a reform of the judiciary system, so as to give the colonists trial by jury. He did not think Texas was yet prepared for state government, but in the effort to help it attain fitness for that end he would take imder con- sideration the advisability of sending troops to Texas to protect the settlement from the Indians. Finally, on December 7, Austin was informed by tlie minster of Relaciones of the status of his affairs. The objectionable article of the law of April 6 was repealed, recommendations had been made to the state government for reforms to meet the wishes of the Texans, and other matters had been referred to the treasury de])artnient, from which Austin would doubtless hear in due time. The question of separate state government was, of course, closed. With this Austin was forced to be content, and believing that he had accomplished all that was possible at that time, be began his homeward journey on December 10. But he was destined not to see Texas for nearly two years. The unfortunate letter he had writ- ten (October 2), quoted above, had been transmitted by the political 90 HISTORY OF TEXAS chief to the federal authorities, and its arrival in Mexico started a veritable avalanche of official correspondence. In spite of the fact that Austin had left the city openly in a public cache, after securing a passport and paying formal farewell visits to the vice-president and other officers, the government feared that he would escape. The state department warned the governor.s of nearly every state in the confed- eration to watch for him and cause his arrest ; while the war depart- ment sent similar notices to most of the military commandants. This tremendous activity was not to go without its reward, especially as Austin did not know that he was being sought and made no eflfort to conceal his movements. On arriving at Saltillo on January 3, 1834, he called on the military commandant, whom he had been making forced marches to overtake ever since leaving San Luis Potosi, and received notice that he was arrested and must return to the capital. In his correspondence during the next year and a half Austin continued to talk optimistically to the colonists, urging them to eschew political activity, to attend to their personal affairs, and rely confidently on the kind intentions of the government ; while to the government he spoke of the patience of the colonists under multiplied neglect and abuses, and boldly demanded reforms. If on the one hand he pretended to a confidence in the government which he did not feel, and on the other somewhat exaggerated the long-suflfering loyalty of the colonists, who can blame him? He wished to avoid an outburst in Texas and no doubt he still wished to be loyal to Mexico ; but at the same time the interest of Texas was paramount, and unless the government recognized its obligations no efTort of his would long be continued to save the province to Mexico. For several months Austin was confined incotnmunicado in a dungeon of the inquisicion, and while conditions were ameliorated he remained a prisoner. He was not informed of the charges against him, and during the summer of 1834 his case was transferred from one court to another. Peter W. Grayson and S. H. Jack who carried memorials in his behalf from Texas, secured his release on bail, within the limits of the city, on Christmas day. Austin's release was finally due to the passage of an amnesty law. Congress met on January 4, 1835, and this was introduced early in the session. When Grayson and Jack left the capital at the beginning of February they and Austin thought that it would be published in a few days, but by March 10 it had only gotten to the president, who expected to return it to Congress for certain changes. Austin was detained in the city on one formality or another until July 13, when he departed for Vera Cruz, intending to embark for New Orleans, where he could get passage to Texas. At Vera Cruz, however, the military commandant declined to allow him to ship, and a visit to Santa Anna at his hacienda. Manga de Clavo, was necessarj' to get an order for the commandant to let him pass. After a few days in New Orleans he sailed for Texas and arrived at Brazoria on Septem- ber 1, 1835, two years and a half after his departure on the mission of 1833. HISTORY OF TEXAS 91 Why was Austin su long dcUiined ? He sfcmed convinced that Santa Anna was kindl} disposed toward him, hut was powerless to hasten the slowly moving wheels of justice. Santa Anna had been absent from the capital during the most of 1833, and was absent when Austin was committed to prison in 1834. Two weeks after his return to the capital in April, 1834, the rigor of Austin's confinement was relieved, and the case began its round of the courts. Nevertheless it has been plausibly suggested that Santa .Anna, planning to over- throw the federal system and estalilish a stronglv centralized govern- ment, and foreseeing opposition to this program from the republican^ of Texas, was really holding Austin as a hostage. This certainly would not be inconsistent with what we know of the president's methods, but as yet no direct evidence has appeared to establish the fact. Austin thought at times that his case was hurt by his personal enemies, both in Mexico and in Texas, and by injudicious friends. The cjuestion of how Austin's attitude toward Mexico was affected by his imprisonment cannot receive a positive answer. As he wrote to Senator Llanos a fortnight after his arrest, he considered it his first duty to guard the interest of the settlers who had come to Texas at his solicitation, and his observance of Mexican politics at close range dur- ing the two years of his involuntary residence at the capital may have forced the reflection upon him that a large measure of independ- ence or complete separation from Mexico was the onl}^ thing that could ])ermanently protect Texas from the incessant wrangles which there seemed every reason for believing would continue. The surest way for Texas to attain this favored ])osition, assuming that .Austin had such an idea in mind, was to so strengthen itself that the govern- ment could not safely reject its demands when next they were made. While his letters af?ord no clue that he had deliberately thought the matter out in this way. the advice that he gave was consistent with such a conclusion. To his brother-in-law he wrote Januar}- 16, 1834: "My advice to Texas is what it has always been — remain quiet — popu- late the country — improve your farms — and discountenance all revo- lutionary men or principles." To Oliver Jones, representative of the department of the Brazos in the state congress, on May 30, 1834 : "All you need in Texas is peace, a dead calm, and to make good crops;" and nearly a year later, March 4, 1835. to his brother-in-law again : "Calm, a dead calm, and close attention to farming, and no excitement nor party divisions, are all that Texas needs at present." On March 10. 1835, he wrote Perrv that the feeling toward Texas was much better than it had ever been, and be believed that "if the atten- tion of government and of congress was not distracted by the disjointed state of the times, something material would be done for Texas. However, it is really not so ■i'crv important whether anything is done or not if a dead calm and union can be preserved in the country — immigration — good crops — no i)art\- divisions — no excitement — no personalities — should be the political creed of every one in Texas." The legislature had passed a number of laws favorable to Texas during the session of 1834, and on March 31, 1835, Williams wrote Austin that during Januar\ aiul Februar\ two thousand immigrants 92 HISTORY OF TEXAS had landed at the mouth of the Brazos alone. Texas could afford to be patient. Austin seems to have felt no enthusiasm for a union of Texas with the United States. On July 13, 1834, Colonel Anthonj' Butler wrote the secretary of state of the United States: "He is unquestionably one of the bitterest foes to our Govern- ment and people that is to be found in Mexico, and has done more to embarrass our negotiations upon a certain subject than all the rest of the opposition together; and I am very sure that he was the principal cause of my being defeated in the last effort to obtain a cession of Texas." On the eve of his departure for home, Austin appeared not to look beyond a continuance of the connection with Mexico as a separate state, and the development of the province under the Mexican system. Whatever may have been Austin's inmost wishes concerning th'e ultimate disposition of Texas it is clear enough that he regarded the rapid population of the country from the United States as of funda- mental importance, because with such a population Texas would be master of its own destinv. CHAPTER X STATE OF COAHUILA-TEXAS, 1833-35 The year 1833 was a hard one for Texas. Disastrous floods and a sweeping epidemic of Asiatic cholera laid heavy toll of sutTerrng and sorrow upon the land. James F. Perry warned Austin that he would find on his return many vacancies in the ranks of his friends ; eighty died in Brazoria alone, he thought, and the dead sometimes lay un- buried became of the terror of the survivors. In some cases whole families were wiped out. John Austin, one of the alcaldes of San Felipe, and leader of the attack on Velasco in 1832, D. W. Anthony, editor of the Brazoria paper, and the empresario Martin de Leon, were among the conspicuous losses to Texas during this memorable year. But after the passage of the cholera the chief interest of the Texans shifted to state politics, the trend of which offered many additional reasons for desiring separation from Coahuila. The trouble here was due partly to a local quarrel between Saltillo, in the southeastern corner of Coahuila, and Monclova in the northwest, and parth' to the disturbed condition of national afl^airs. On March 9, 1833, the legis- lature of Coahuila and Texas passed a decree removing "for the present" the capital of the state from Saltillo to Monclova, and requiring the governor and other members of the executive department to take up their residence there by April 1. The legislature that met at Monclova on January 1, 1834, was un- usually liberal in its treatment of Texas. Four new municipalities were created, Matagorda. San Augustine, San Patricio, and Mina : the department of the Brazos was established between the former de- partments of Bexar and Nacogdoches ; Texas was allowed an addi- tional representative in the legislature ; the use of English in official docu- ments was legalized ; and the judiciary system was revised so as to allow Texas an orderly series of courts with trial by jury in criminal cases. .'Ml these measures tended in the direction of a greater degree of local self-government for the Anglo-American portion of Texas, and may have been influenced in part by the recommendations of Santa .\nna and the general government, growing out of the conference with .Austin on October 5, 1833. Henry Smith was appointed political chief of the new department. Toward the end of April the legislature adjourned, leaving the government in the hands of the acting governor, \'illasefior, and the permanent deputation. On May 23 some of Santa .'\nna's adherents in the state of Morelos proclaimed the j)lan of Cuernavaca, which declared null liberal reforms recently adopted bv Congress, protested against changes in the state religion, and called on Santa .'\nna to dissolve Congress and defend the constitution. On June 24, the permanent deputation of Coahuila and Texas called the legislature to meet at Monclova on August 9 to take measures for the "safety of the federation" and "for the permanent restoration of the public 03 94 HISTORY OF TEXAS tranquillity, at present interrupted by the collisiun uf the supreme national authorities, and by [^ronimciamcntos which as a pretext in- voke religion, which is really free from danger ; and for the avoidance of any internal disturbance which such events might occasion." At the same time, declaring that the state would not permit "the exalted name of religion to be wantonly invoked within its territory." it authorized the governor to banish from the state anyone who showed a disposition to disturb the public peace in such manner. A month later, however, the opposition to the plan of Cuernavaca was with- drawn, because, as it was said, the nation seemed to concur in accept- ing it. and Coahuila and Texas would never stand in way of the will of the majority of the states. The legislature w-as prevented from organizing by the failure of some members to attend and by the withdrawal of the two members from Saltillo. In the meantime. Saltillo, hoping to regain its old position as capital of the state by supporting Santa Anna, had forestalled Mon- clova by pronouncing in favor of Santa Anna and the plan of Cuer- navaca on July 19. It then proceeded to set up a rival government and declared all acts of the legislature since January 1, 1834. null and void. Civil war threatened between Saltillo and Monclova, and Acting Governor Villasefior was deposed at ilonclova to make way for a military executive in the person of Juan Elguezabal. Hostile preparations went on a-pace and on September 2. 1834. Oliver Jones, the representative of the department of the Brazos at Monclova. wrote pessimistically to Political Chief Henry Smith that the Saltillo government was gaining strength daily. After some skirmishes had occurred between the forces of the rival towns civil war was averted by an agreement on November 6 to refer the quarrel to the arbitration of Santa .\nna. The president's deci- sion was rendered December 2, and declared that Monclova should remain the capital : that Elguezabal should continue to hold the executive office until a new election could be held : and that an elec- tion should immediately be called to choose a full corps of state officials. This election should have taken place in the fall, but it had been prevented by the confusion in Coahuila. The election was now held on Februarv 9. 1835, and the legislature convened on March 1. 1835. By many the omission of the elections in the fall of 1834 was re- garded as putting both governments outside the law, and as leaving Coahuila and Texas entirely without government. Some of the Coa- huilans gathered at Bexar and induced the political chief of that department to issue on October 13 a call tor a convention to meet at Bexar on November 15 to organize a provisional government, pend- ing the settlement of the quarrel. A portion of the address, which is translated in Edward's History of Texas, presents a graphic picture of the political situation : "The disastrous events which have lately taken place in the great Mexican nation, of which you are a part, and the deplorable and perilous situation in which the state is now placed, demand imperiously your exclusive and most serious attention. The baleful and jjortentous spirit of revolution has torn the re])ublic into ?IlSTORY OF TEXAS 95 pieces, and threatens in the most alarming manner the liberal and republican institutions which you have sworn to maintain. * * ♦ "The congress of the state has ceased to exist; the elections have not been made ; the state is dissolved. Two governors, equally illegitimate, contend with each other for the exercise of executive power of the state ; and its inhabitants are under no legal and constitutional obligation to obey either the one or the other; as you have been made fully sensible of, by your returned representatives. This monstrous phenomenon which has appeared in the political horizon of the state, has caused a universal and frightful disorder and confusion ; convincing us that we have no time to lose. Therefore, we the undersigned entreat the people of Texas to unite with their fellow-citizens of Bexar, in deliber- ating upon the means which it may be expedient to adopt, in order to save the countrv from such unparalleled anarchy and con- fusion !" This address, with characteristic Mexican sluggishness, reached the political chief of the Brazos on October 28, after he had already been moved to action on his own account. On October 20 he issued a broadside of four columns entitled "Security for Texas," which was reprinted in the Texas Republican of the 25th. Quoting Oliver Jones's letter of September 2, he said that the necessity of organizing a gov- ernment in Texas must be admitted by all. Since both state and national governments had yielded to anarchy, some would be in favor of organizing as a separate state, independent of the Mexican con- federation. But it would be more prudent merely to consider the union with Coahuila dissolved and organize as a Mexican state. He suggested that each ayuntamiento should issue the usual writ for an election, and fill all vacancies in the municipal offices. .\t the same time let the Central Committee, exercising the power vested in it by the conven- tions of 1832 and 1833, "immediately convoke the people of all 'I'exas through their representatives to meet in public council and formally protest against the further interference of Coahuila within her do- main," declare the two provinces separated, and nullify all laws passed by Coahuila since "her innovation" which were calculated in any way to interfere with the local political affairs of Texas. Texas could thus put herself in the attitude of maintaining the legitimate government of the state, while Coahuila, torn by revolution, would be left without organization. This proclamation was effectivelv answered in another broadside issued from San Felipe on October 28 by the Central Committee. This committee was now composed of James R. Miller, Wily Martin, Rob- ert Peebles, William Pettus, William R. Travis, William 11. Jack, and F. W. Johnson. They argued that it was absurd to contend that because revolution had temporarily overtaken Coahuila the constitu- tion was overthrown and the union with Texas dissolved. "Recause one part of a state or community has lawlessly violated the constitu- tion, is that a justification, or even an excuse, for another for doing the same? If this political doctrine be true as to a state, it is equally true as to individuals; and when apjilied to men it becomes f-^ol pre- 96 HISTORY OF TEXAS posterous and absurd that the weakest minds will easily detect its folly." There was every assurance that the conflict between Saltillo and Monclova was in a fair way of settlement ; the State Legislature had recently removed many of the evils that had annoyed Texas, making it possible for the people to enjoy most of the advantages of separate state government without the expense of maintaining a state administration ; and the good will of the general government was proved by the repeal of the 11th article of the law of April 6, 1830, and the continued exemption of Texas from import duties. Finally, the situation of Colonel Austin, who had gone to Mexico as the agent of the people and suflfered imprisonment for them, demanded tran- (|uillity in Texas, and the people were in honor bound to do nothing that might aggravate his difficulties. The committee desired nothing more earnestly than a state government, but it was "equally anxious that none but constitutional measures should be adopted for the pur- pose of obtaining it." On receiving the communication from Bexar, Smith had written to the political chief, saying that he was entirely in accord with the move- ment for a local provisional organization, but that he feared there was not sufificient time before the meeting of the convention for the scattered and somewhat disorganized ayuntamientos of the department of the Brazos to order the election of delegates. He suggested, therefore, that the convention adjourn from day to day until the elections were held and the delegates could arrive. On November 6 he wrote again to say that the plan had met with much opposition, "principally instigated by what I can call nothing but a violent party spirit which has unfortunately been of long standing, and the party are now invigorating themselves by working on the sympathies of the people, owing to the confinement of Colonel Austin in the City of Mexico — telling them that it is on their account he has been doomed to suflfer so much, and that any move on their part would only tend to accumulate his sufferings ; and to remain quiet, that everything will soon be right, or, in fact, that nothing is now wrong. This party is ever vigilant, and. as it were, on the wing, en- deavoring to counteract every popular move in the people except it should be recommended by Colonel Austin, considering him as their God." The prime movers in this party dreaded organization, said Smith, because they feared investigation. He urged the authorities at Bexar to continue the movement for organization, and promised to persist in his efforts to get the department of the Brazos to co-operate. At about the same time — the document is undated — Smith issued as a broadside, "Explanatory Remarks on the Official Document, under the Title of 'Security for Texas,' with a Fair View of Her Present Political Situation." This was really an answer to the Central Committee's pro- clamation of October 28. and was designed to convince the people of the necessity for the convention and the organization of state government. His previous communication was based, he said, on information from the representatives of Texas in the legislature certified by the superior judge of Texas, Judge T. J- Chambers. This information showed in substance "that our constitution was violated and scattered to the four winds of Heaven." While this proclamation was issued hastily, before I11STUK^ Ol" TEXAS , ''7 the people were sufficiently informed of the need of action, he felt justi- fied from the fact that the Mexicans of Bexar, who were not given to radical measures, had come to the conclusion that local organization wa-^ essential to prevent the si)read of anarchy to Texas. His arfjument was hriefly this : It was the duty of the 'i'exans to restore constitutional gov- ernment in the state ; this they were physically unahle to do in Coahuila : if they remained quiescent they became equally guilty with Coahuila; therefore it was necessary to set up a provisional government, with due regard for all the constitutional forms in Texas. "Some there are." he continued, "who say that Texas is not ca|)al)lc or able to sustain herself in a se|)arate government: that she lacks num- bers, talent, and finally means. 1 can with propriety say to such that she has so far been self-governed ; ;md a great part of the expenditures uf the whole state have been, in one way or another, drawn from her resources. Her inhabitants are rated at 40.000 — and whether that be under or over a fair estimate — that no section of the civilized world comprising her own numbers can produce more intelligence and general information than will be found among her .settlers." The strongest practical argunKin against Smith was that Texas was ])rosperous and the people as yet felt no personal inconvenience from the disorganization in Coahuila. This he naively reveals himself: "I have now given you the true situation of the government ; but what is that of the people? They are indeed, as in the days of Noah, marrying and giving marriage, eating and sleeping, and selling their cotton forsooth at a tolerable ];rice : and this, the committee would jiersuade them, is irre- fragible proof that all is well." Smith issued his ])roclamatiiiii from llrazoria, and his op])onenls, evi- denth- fearing that the counter-proclamation of the Central Committee might need additional su]:)port. prepared a strong "public declaration" against his proposal, which wa^ to l)e circulated in the Brazoria district for signatures. The declaration was based, in part, on the following grounds : "Because we deem the measure to be fraught \\ ith the most ruin- ous consequences to the ])eople of Texas; as directly at v.iriance with the true interests of our adopted country, tending to confirm all the imfounded suspicions (which ha\e been created by evil minded ])cr- sons), of our revolutionary and rebellious dispositions, and destruc- tive of all confidence, both at home and abroad, in the stability and security of political rights and in the rights of person and property in Texas; which we consider to be the basis of all public and private prosperity — "P)ecause we conceive that the General Ciovernment by the repeal of the 11 article of the obnoxious 6 Ajiril law and leaving us until this late period exem[)t from the i)ayment of import duties, paid by the jwople of all other [larts of the Republic, has shown a most paternal regard for our prosperity — "Because we believe that the state Congress has given us all the elements of good government, order and securitv tmder the law, by enacting laws establishing ;i system of jurisprudence ada|)tecl to our situation with trial bv jury, which is carried out according to the vot. 1-7 98 , HISTORY Ol" TEXAS provisions of the law and sustained by the people, would place jus- tice within the reach of every citizen, according to the judgment of his oti'ii peers; Jiis ozcn neighbors or equals: "Because we are convinced that, however desirable a slate gov- ernment may be // obtained bv moral force (constitutional and legal means ) that it has become less necessary to our prosperity since the establishment of a system of jurisprudence which is calculated to give us most of the benefits without the enormous expense of sus- taining a state government — "Because we conscientiously believe, that the frequent agitations of political revolutionary measures in Texas, tends not only to bring us into collision with the state and general governments without a chance of success in a contest in arms : but by passing to the United States of the North with exaggerations destroys all confidence there in the security of property in Texas, prevents the immigration of men of capital and force, renders property valueless, and blights for- ever the hopes we have entertained of seeing 'the zcilderness blos- som as the rose.' " In a letter of December 7 James F. Perry gave Austin an account of this aflfair, saying that the people "almost with one voice opposed the measure in toto." He had heard of but three elections in accordance with Smith's proposal — at Brazoria. Columbia, and Velasco. At Bra- zoria the returns showed fifty-seven against and sixteen in favor of a convention : at Columbia twenty-four against and three favorable : at Velasco. according to Perry, "there was actually not more than from seven to ten legal votes to be given, but at the time of the election there was two or three vessels lying here with their crews and passengers, and to accoinmodate, I suppose, Mr. Wharton and Dr. Archer, they all went forward and voted for their candidate, and I have been told there were between fiftv and sixtv votes there when there was not more than ten in the precinct."' Perry, of course, was a peace party man. and his state- ment of the general opposition to .Smith's proposal needs to be weighed with some care. The electioii returns, which are preserved in the Austin T^apers. seem to bear him out. There was a lull in state politics after Santa Anna rendered his decision concerning the location of the capital, but it lasted only until the meeting of the legislature on March 1. 18,^5. The deputies from Saltilln contended that the election of February 9 was not legal and took advan- tage of the passage of an un])Oi)iilar land law to withdraw from the legislature. Saltillo thereupon called on (leneral Cos. commander of the F.astern Provinces, to disperse the illegal bod\'. Cos responded, and thus increased the confusion bv introducing the federal military into the -(|uabble. There appear to have been two main reasons for the interference of Cjeneral Cos ; (^ne was the passage by the legislature of some land laws of which speculators took advantage to obtain large grants of land in Texas, contrarv. as it was alleged, to be federal colonization law ; the Jther was the passage of a vigorous protest against the changes that .Santa Anna was effecting through Congress in the national constitution. Cos urged the first as his excuse, but it is likely that he was much more HISTORY OF TEXAS 99 deeply moved by the protest than by the sale of Texas lands. For a clear understanding it is necessary to go somewhat fully into these two questions. It will be remembered that the state colonization law reserved to the state the right to sell, to Mexicans only, land in eleven league blocks at the nominal price of $100, $150, and $200 a league, according to whether it was grazing land or unirrigable or irrigable farming land. The spec- ulation in Texas lands seems to have grown out of this right of the gov- ernment to sell to Mexicans. The first sale by the government was made to Juan Antonio Padilla, in 1828. During the next two years only a few sales were made, but in 1830 James Bowie went to Saltillo, at that time the capital of Coahuila and Texas, and returned with fifteen or sixteen eleven-league grants, which he had induced Mexican citizens to apply for and had then purchased from them. Other Mexicans, some of them as far away as the City of Mexico — perceiving a chance of profit — also applied for eleven-league grants, and received them. Doubtless from this time dated a considerable traffic. Later testimony shows that the traffic became very extensive. In February, 1835, B. R. Milam petitioned the political chief to ask the governor to appoint special commissioners to assign lands and titles to isolated families in Texas, and gave as the rea- son for his request that many people who had come to Texas eight or ten years before under the terms of the colonization law and had settled on vacant lands and taken the oath of allegiance to Mexico had, during the last year, "been surveyed in and attempted to be dispossessed by foreigners and others under pretended eleven-league grants." His efforts' as empresario and those of the state "to colonize designated portions of the lands of Texas," were, he said, "in great danger of being defeated by the claimants of eleven-league grants." And Thomas F. McKinney, writing in October, 1835, said that the government had been in the habit of issuing great numbers of these eleven-league grants at from $100 to $150 a league. There had never been any "hue and cry" raised against it. many of the best citizens had engaged in the business, and some of them held grants in their name for friends residing in the United States. But in 1834 and 1835 a bewildering series of laws was passed which opened wide the gates to sjieculation on a wholesale scale. The first law (March 26, 1834), decreed that the vacant lands of the state should be surveyed in lots of 177 acres each, and sold at public auction to the highest bidder at a minimum in Texas of $10 a lot. Payments were to be made in three instalments, one-third down and the balance in one and two years. Nobody was to be permitted to buy more than eleven leagues, but the law was particularly liberal in that it allowed foreigners to pur- chase and gave them a year in which to move their families to the state and become naturalized — which was necessary for the perfection of their titles. .Another liberal feature provided that no one should be molested for religious or political opinions so long as he kept the peace. And, finally, it was decreed that no further colonization contracts should be entered into, which meant, of course, that the profits formerly accruing to the empresarios in premiums would now go to the government. By a su[)plementary law of April 23, 1834, it was decreed that after the lands liad been "once exposed at public sale with all the formalities," if no 100 HISTORY OF TEXAS offer were received as high as tlie mininntm. the\ iiiii^ht later be sold to any person offering the niiniimnn jnice "without the necessity of again opening the auction." That advantage was taken of this law for si)eciilative purposes does not positively appear — perhaps the eleven-league limit made it unattrac- tive — but the supplementary decree certainly does suggest a clearing of the decks for rapid action. And Judge T. J. Chambers, writing in 1837. declared that only by his efforts was defeated the proposal of a "foreign millionaire company," whose agent was Gen. John T. Mason, to purchase for a "pittance" some twentv million acres of land on the Eastern frontier. "He was informed bv several means." he said, "that members of the legis- lature and the governor were offered large bribes to pass the measure : the governor was ]>ledged to him to veto the bill if it passed, but fortu- nately a majority of the members were honest and killed it." Ma.son did, however, secure a large grant during this session of the legislature, and after reviewing all the evidence it is not altogether clear that he did not get it under some extension of this law. Stephen F. Austin, writing from prison to Oliver Jones, expressed satisfaction with the system of public sale — "such a law is necessary — public sale is the best and only true basis for a land law. It will benefit the state of Coahuila and Texas greatly and fill its treasury, and also benefit Texas. I recommended this system to the ministers here." Austin wrote from rumor, and did not know the details of the law, so that it is not certain that he would have endorsed this law so freely. The second law affecting the public lands was passed April IQ, 18.H. "\\'ith the intention," runs the preamble, "of protecting the lives and property of the citizens, constantlv sacrificed to the jierfidy. rage, and barbarity of the hostile Indians." "For said object the executive may dispose of such number as he shall consider necessary of the militia which the state has in the departments wherein hostilities are committed, and for paying or remunerating the militiamen, he may take of the vacant lands to the amount of 400 sitios. distributing them agreeablv to the rules and conditions he shall establish." Just a vear later, .April 14, 1835. an- other law declared that the executive could not dispose of the 400 sitins of land mentioned in article 2nd of this law. "except solelv for the object which said law determines"; but "agreeablv to the afore-mentioned law the executive has been, and is, authorized to contract the afore-mentioned lands, or to distribute them, as he shall think most proper, among the militiamen, who prosecute the war against the savages." Under this law of .\pril 10. 1834, S. M. Williams. Robert Peebles, and F. W. Johnson obtained a grant for 400 leagues. P.nt Chambers declares that Mason also manipulated it to accomplish on a comparatively .small scale what Chambers had previouslv prevented his doing on a ver\ large one. Chambers's statement, in brief, is, that the Indians really were troubling the frontiers and that the law was passed in good faith to provide a means of suppressing them. It was the intention of the law that the land should be distributed to the militia, and not sold, but by a trick in the enrolment of the bill it was so changed as to authorize the governor to sell it to anybody, and he implies that Mason took it all. Mason did get hold of some land — how much is uncertain — in 1834. HISTORY OF TEXAS 101 under a conlrai;t dated June 19, but that it was granted by authority of this law is not clear. Chambers's story of the trick of enrolment, though it is clever and may be true, is, in view of the evidence, somewhat im- probable. If the land was to be distributed only to the soldiers, and not sold, what is the meaning of article 3, which appropriates $20,000 "of the first receii)ls of the state trcasurv for sales of lands made by virtue of the law on tlie subject"? .\nd does not the su])plementary law of April 14, 1833, declaring that the governor shall only dispose of the lands for the purpose designated in the original law, suggest the inference that the 400 leagues had not up to that time been sold at all? The whole matter is extremely confused and the only positive .statement that one feels war- ranted in making, until further evidence develops, is that Mason got a grant in June. 1834, for ninety-five leagues, certainly ; probably for 300 leagues, and ])ossibly for more. He may have obtained it by a manijni- lation of the law of ]March 26, or by the law of April 19 — though the latter is improbable — or, finally, he may have gotten it by some private arrangement of which we do not know. The next law in the series, passed March 14, 1835, authorized the governor, in order to meet "the present exigencies of the state," to dis- po.se of the jjublic land to the amount of 400 leagues, .\rticlc 2 allowed him to regulate the colonization of this land on such conditions as he thought projier, "without sul)jection to the provision of the law of the 26th of March of the year last past." .\s an afterthought, it occurred to the legislature that this might be interpreted too liberally, and two weeks later (March 30) another decree ex])lained that the governor was, of course, to consider himself "subject to the general laws of the union." Under this act S. M. Williams and J.ohn Durst obtained 124 leagues, and we have it on the authority of the legislature that the other contracts were made for the remainder of the 400 leagues, but by whom we do not know, since the grants appear never tft have been located. Williams and Durst immediately re-sold 121 leagues of their grant to fourteen persons, mainly in blocks of ten leagues each, which, were located principally in the present counties of Harrison, Nacogdoches, and Red River. The national Congress hearing of this law of March 14, annulled it !))• a decree of .\])ril 25. The reason assigned was that the law was contrary in articles 1 and 2 to the national colonization law of .'\ugust 18, 1824. The decree declared moreover, that "by virtue of the authority reserved to the general Congress in article 7 of the law of .August 18. 1824, frcjiitier and coast states were forbidden to alienate their vacant lands for colonization until rules could be established to govern the same. In the meantime, if any state wished to sell a part of its vacant domain, it must fir.st .secure the apjjroval of the general government, which should in every case have the right to take the land for itself and |)ay the state a suitable indemnity for it. Therefore, in conformity with articles 3 and 4 of the law of .\])ril 6, 1830, the general government might buy from the slate of Coahuila and Texas the 400 leagues f)f land which it was said to be necessary to sell." Re])lying .Ma\ 1.^, tiic legislature expressed its "extreme regret" at the "impossibility of fultilling tiie decree of the gen- eral Congress." Not an article, it declared, in the whole l.iw of .\ugust 18. 1824. applied to article 1 of the law in (piestion, and. as regards T.TTtWARY 102 HISTORY OF TEXAS article 2, the governor liad been expres.sly instructed to guide himself in his rules for the settlement of the lands by the national law. Continuing, the memorial said : "This legislature has read and deliberately weighed the literal text of article 7th of the general law [referred to by the law] of the 25th of April last, and does not find, either in the letter or the spirit of the former, the reasons of the latter for prohibiting the border •md literal [littoral] states from alienating their vacant lands for colon- izing thereon." The land was already sold and part of the purchase price had been received, the contracts were made in good faith and were not opposed to the general law ; therefore the legislature prayed Congress to repeal its decree of April 25. Here the matter rested until the ap- proach of federal troops put the legislature to flight. In an opinion of some 4000 words David G. Burnet, late in 1835, upheld the right of the general government to annul these sales. The next and final law of which advantage was taken to sell Texas land was passed April 7, 1835. News had been received that General Cos had ordered troops to march on Monclova and suppress the legis- lature, and that body forthwith authorized the governor "to take of him- self whatever measures he might think proper for securing the public tranquillity and sustaining the authorities in the free exercise of their functions." Article 4 declared that "The executive is hereby competently authorized to contract loans upon the state rents for the purpose of dis- charging the expense incurred in the execution fif this decree." It is somewhat surprising to find that the governor considered this as sufficient authority to dispose of more Texas land. Perhaps he thought that at all times a "proper measure." At any rate, on May 2, Dr. James Grant was allowed to contract for a quantity of certificates for one league each. One hundred of these he sold in Nacogdoches through his agent, Alex- ander Newlands, and the titles were issued by John Cameron after the closing of the land offices. Besides these. James Ogilvy, an attorney of New Orleans, wrote in 1839 that Grant's heirs had in their possession 300 similar certificates, and that he had been interested in 500 altogether. The face of the certificates shows that the price was paid in full, but does not specify what it was. Ogilvy intimates, however, that Grant paid $100 a league. It is possible that some of the certificates referred to by Ogilvy were purchased under the law of March 14. Enough has been said to show that the transgression of Williams, Peebles, and Johnson in the final speculation was by no means unique. It was not even novel in its magnitude. tJiough it may have been some- what original in method. On the 11th of May, 1835, they addressed a note to the governor, saying that they had "informed themselves of the tenor of the law of April 19, 1834, empowering him to dispose of 400 leagues of land and restrain the arrogance of the wild Indians." We "have conceived the idea," they continued, "of blending the object of this benevolent design with the augmentation of the population by means of a contract, which we ofifer your Excellency, strictly and literally to fulfill. We obligate ourselves to place, subject to the orders of your Excellency. 1,000 able-bodied men, with all their efpiipments of war for the term of one year, and we will cause them to rendezvous at the place which may be designated to us within the term of four months at most, on the con- HISTORY OF TEXAS lOo dition that, in compcn.satiun for our labors, the 400 leagues of land be "granted to us." The governor ajjproved the proposal, and two days later a formal contract was signed. Tlu' jietitioners were required to raise by voluntary enlistment within two months 500 men, and within four months the whole number of 1,000. Thev were to be provided by the contractors with good arms and an ainmdance of ammimition at all times ; but the government would furnish them food and horses. Article 12 declared that failure to fulfill anv of the slipulatiotis would render the whole con- tract void. No pecuniary consideration is mentioned in the contract, but it is not certain that the contractors were not also required to pay a nominal sum for their grant. I-'or D. B. Edward declares that "A com- mittee [headed by S. M. Williams] from a company of land speculators, whose plans were well laid and whose funds were completely organized, presented themselves before this * * * Legislature ; who immediately passed a decree to sell the vacant lands of Texas, and otherwise arranged it to be done as soon as bidders should present themselves. Of course they were there — and purchased this already surveyed land, of 411 leagues, for .$30,000 in hand, to the government." This statement, with slight variations, appears in most of the subsequent histories of Texas. It may refer to this contract by Williams, Peebles, and Johnson, or to some of the other purchases that were made in 1835. Johnson himself, in a review (MS.) of Edward's History of Texas, replied to this charge with an emphatic denial that either he or his associates "bought one acre of land or were in any way interested in the purchase of said land." A natural inference to be drawn from this statement would be that they got no land at all, which, of course, is untrue. To save Johnson's veracity, therefore, the possible explanation presents itself that no money passed in this deal, and that the contractors viewed themselves merely as em- presarios, who were to get their premium by selling the lands to militia- men. Johnson's own account of his presence at Monclova upon this occa- sion is interesting, but throws little additional light on the land specula- tions. He says : "Desiring to be present and witness the proceedings of the state Congress, Johnson, with Samuel M. Williams, Doctor Robert Peebles. Major Benjamin F. Smith, Col. Green De Witt, together with. some Mexican scouts, left in the latter part of 1834 for the seat of government. Monclova, where they arrived in the early part of 1835. * * * [Here] we found Col. Benjamin R. Milam, Thomas J. Cham- bers. W. H. Steel, lladen Edwards. Jr.. James Carter, and many other colonists. Here Johnson first made the acciuaintance of Dr. James (".rant, of Parras, Coahuila, who was a delegate ; Dr. John Cameron, Messrs. .Almy and Newlands ; also that of David J. Toler. a most estimable gen- tleman. * * * Cien. John T. Mason, of the United States, arrived about this time for the ])ur])Ose of having confirmed A sale made by the legislature or executive the year previous. "Among the most important acts of this Congress was a decree au- thorizing the appointment of commissioners for Texas. * * * Under the decree George .\. Nixon, George \\ . Smvth. and Charles S. Taylor. were appointed for T<",astern Texas : Col. Talbot Chambers, for Milam's Colony : Dr. Robert Peebles, for .\ustiii anrl Williams' ITpper Colony; 104 HISTORY OF TEXAS and Johnson for Austin and De \\ itt's Colony. Bowie was appointed commissioner for General Mason's purchase. The state treasury thoi being empty, the executive was authorized to sell a large quantity of the public lands of the state to meet the current wants of the government ; and another decree [was passed] placing at the disposal of the governor 400 leagues for frontier defense and protection. These acts gave great offense to the federal authorities, and the Congress declared them null and void. To this, the state authorities simply protested, and left the matter to take its course, pursuing, however, the policy inaugurated." News now arrived that troops were marching toward Monclova, and there was a hasty exodus of the Texans and other lobbyists. WilliatTis arrived at Bexar June 3 and Peebles and Johnson reached San Felipe a few days behind him. Williams, as we have already seen, had acquired with John Durst 124 leagues under the law of March 14, 1835. and apparently devoted himself principally to the sale of that grant, while Peebles and Johnson assumed the task of dis- posing of the 400 leagues in which all three were interested. A hun- dred and twenty-one leagues of the Williams and Durst grant, as has already been shown, were soon sold, and Peebles and Johnson worked witii equal celerity. By August 20, certificates had been issued to forty-one persons for the full 400 leagues. Fifteen of the certificates were issued by Johnson and the remaining twenty-six bv Peebles. They merely state that Citizen So and So "has voluntarily entered the service of the state of Coahuila and Texas as a soldier for the term of one year, and Williams, Peebles and Johnson are, by their contract, authorized to receive his enlistment and designate a portion of the vacant land as a reward for the services which he will render, there- fore they give their consent for him to select for himself such land as he likes — usually ten leagues of it." Their contract to ])lace 1.000 men in the field was entirely ignored. The effect of the speculations upon the Texans must now be briefly noticed. The large grants of 1834 appear not to have attracted ]jarticular attention in Texas, but the deals of 1835 — especiallv under the law of March 14 — aroused great indignation. Little authority appears, however, for the statement frequently met with in the his- tories of Texas, that the Legislature thought the separation of Coa- huila and Texas imminent and determined to plunder the latter while there was yet time. The earliest expression of this theor\- is in a pamphlet printed by T. J. Chambers in 1837, but in all the discussions aroused by the act of March 14, 1835. this explanation is absent. Aus- tin, indeed, writing to D. C. Barrett, December 3, 1835, declared the acts of 1834 and 1835 all of a piece with general Mexican ]jolicy, both national and state. The Mexicans, he said, considered the lands value- less — this was evidenced by the whole history of the colonization period — the treasury was empty, and the sale of the land promised the only relief. He blamed neither the legislators nor the speculators for the sale itself, but the sale certainly did illustrate the defectiveness of the government from the Texan point of view. The earliest expression of disgust with the wasteful policv of the government is found in The Texas Republican of May 9. 1835. .\x\ mS•l■()K^■ 01-- TEXAS 105 address from Governor \ iesca, calling upun the i)euplc uf Texas to rally to his assistance against Santa Anna, was ])rinted in this issue, and the editor introduces it with the remark that he prints it as a news item solely, and not with the view of endorsing the governor's call for troops "'to sustain him and a vile congress that have bartered our public lands for a mere song." In the same jKiper is also the answer of the political chief of the Brazos department to the gov- ernor's api)eal. He sa\ s : "I'he people view with equal horror antl indignation the acts of the present State Congress who have mani- fested a determined disposition to alienate all the most valuable lands of Texas at a shameful sacrifice, and thereby utterly ruin her future prospects. The law of the 14th of March past is looked upon as the death-l)low to this rising country. In violation of the General Con- stitution and laws of the Nation — in violation of good faith and the most sacred guarantees — Congress has trampled upon the rights of the people and the Government, in selling 400 leagues of land at private sale, at a price far below its value ; thereby creating a monop- oly contrary to law and the true interests of the country." Accom- panying the governor's proclamation was a rather alarmist postscrij)! ".igned by Coaliiilltcxainis. and Henry Austin, in referring to it, sug- gested that "this firebrand has been thrown among us to promote the vic2i.'s of dcsigniiKi speculators." Enough has been said to show that General Cos ran little risk of antagonizing the average citizen when he exj)lained that his object in marching against JMonclova was to enforce recognition of the federal decree annulling the most objectionable of these land laws. But, as has already been intimated, Cos was probably more concerned about the protest which the Legislature made against changes in the con- stitution and against a federal law reducing the strength of the militia. The memorial of April 22 dejirecated the unfortunate policy from which Mexico had suffered so much in trying to mend one revolution by another, summarized the changes wrought under pretext of the Plan of Cuernavaca, and asked, "If this alone caused a general and simultaneous movement throughout the republic, what may be ex- pected from the violent reforms that now occupy the attention of your honorable body?" The manner in which it was jjroposed to elTect these reforms had esjieciallv attracted the attention of the Legisla- ture. That body represented a peojjle "proud of having always sus- tained the immutability of the fundamental ])rinciples of the constitu- tion." and "it would be wanting in its most sacred duty were it to refrain from manifesting * * * its ardent desires for their preserva- tion and its determination iirmly to sustain them." "For effecting these reforms, ideas and o])inions have been advanced in your honor- able body." it proceeded, "as unreasonable as if the jiresent general ccjngress considered itself pos^essed of unlimited power to alter the constitution." In fact, however, Congress had no other power than certain articles of that same constitution delegated to it, "Therefore, the state of Coahuila and Texas, lawfully re])resented by its Legis- lature, protests in the most solemn manner that, having joined in the 106 HISKJRY OF TEXAS confederac)- b} virtue of tht- fundamental pact, and on the basis therein established, it neither does, or ever will, recognize the acts and measures emanating from the general congress, should they "ot con- form to the plain meaning of the aforementioned articles : It wiii admit no other amendments of the constitution than those effected conformably to the steps and requisites provided in the same." It pointed out that a portion of the state was settled by inhabitants whom the policy of change did not suit, and that "the contemplated reforms would highly compromit not only the internal order and tran- quality, but also the very integrity of the national territory." The unwise policy of abolishing the militia was condemned, as was also the president's expedition against the patriotic state of Zacatecas, when he ought rather to have been suppressing the revolution of .\lvarez in the South; and finally attention was turned to General Cos, who, it was declared, was interfering "in the most turbulent manner in the internal administration of the state," and was approaching the capital with the evident intention of "overawing the civil authorities." On the assembling of this Legislature (March 1, 1835), a canvass of the vote for governor had shown the election of Augustin Viesca. Xeither he nor the vice-governor. Ramon Musquiz, was present, and the resignation of Elguezabal, the military officer who had been in- vested with the office since August, 18.H, made it necessary to appoint an acting governor. Jose M. Cantu was selected for the place, which he held until Viesca was inaugurated al)out April 15. One of \'iesca's first acts was to call for 100 militiamen from each of the departments of Texas to help sustain the government, but it met with no response. The Anglo-American departments of Nacogdoches and the Brazos were angry over the land speculations and Colonel Ugartecliea suc- ceeded in preventing the militia of Bexar from marching. In the meantime Cos was pushing forward with his plan of crush- ing the state government. On March 10, 1835, he wrote to the com- manders of the garrisons at Laredo, Santa Rosa and Rio Grande that he had learned that the state authorities intended "'to attract the attention of the supreme government by proclaiming anarchy in imi- tation of the state of Zacatecas," and he instructed them to arrest any of the officials or legislators who might attempt to cross the frontier. The next day he wrote Ugartechea at Bexar : "The Legislature at Monclova has determined to imitate Zacatecas. It has called for civic troo])s on the specious pretext of reducing the department of Saltillo, thus contravening the law of March 31 last" for abolishing the militia. The Legislature adjourned on May 21, after passing a decree authorizing the governor to shift the government to a safer place. The Tcxans at Alonclova persuaded Governor Viesca to establish the capital at Bexar, and with them and a bnd\- of militia he began the march on May 25. "On reaching San Felipe," wrote F. W. Johnson, " we learned that the colonists were both excited and alarmed by the political state of things in Mexico, and divided in opinion in regard as to the course that should be pursued. Our report and representation greatly in- creased the excitement if it did not tend to cause a greater diversity HISTORY OF TEXAS 107 of opinions. Public meetings were held and various propositions made ; among which was one to raise an armed force and rescue the governor and his companions, who were known to be imprisoned. Considerable prejudice was created in the minds of the colonists in consequence of the large sales of the public domain in Texas, and but little sympathy was felt for the state authorities. The people were >oon divided into two distinct and separate parties — the peace and K'ar parties." "Yoakum .says of (jovernor Viesca and Vice-Governor Ramon Mus- quiz : 'It may be stated in advance, that, however patriotic these gentlemen assumed to be, they were men of easy virtue ; and, in escaping from under the ruins of a falling government, they managed to carry off more plunder than belonged to them." This charge against Governor Viesca and Vice Governor Alusquiz is gratuitous, to saj- the least. Without entering the lists as the defender of these gentle- men, we cannot in strictness of truth and even-handed justice permit this slander to go unnoticed. In the first place, both were regarded and known to be gentlemen ; if Viesca, in leaving Monclova, 'carried off more plunder than belonged to him,' which is untrue, he would have been despoiled of his ill-gotten gains by the military who ar- rested and imprisoned him. As to his installation, it occurred a few days after the meeting of the Legislature. Of Musquiz it is sufificient to sav that he did not attend the session. The writer knew both gen tlemen, the latter for years, and was present during the session in (|uestion, and with other colonists accompanied the gf)vernor and ))arty until it was determined to disband." General Cos appointed Jose M. Falcon provisional governor, but shortly afterward replaced him with Rafael Eca y Musquiz. The Texans had no respect for the state government, but its overthrow by federal troops helped to bring home to them the danger that threat- ened from Santa Anna's machinations. In general they refused to recognize the militarv government established by Cos, and considered the state entirelv without a civil head. CHAPTER XI FALL OF ANAHUAC As UL' have seen, one of the measures that Santa Anna propused m both of the conferences that he held with Austin concerning Texas — in November, 1833, and October, 183^1 — was to send enough soldiers to Texas to protect the colonists from the Indians. At the second conference he proposed specifically to send to the province 4,000 infan- try, cavalry and artillery. The first step toward carrying out this program was the appointment of Gen. Martin Perfecto de Cos com- mander of the Eastern Internal Provinces, in October, 1834, in place of Col. Pedro Lemus. The next was the arrival of Col. Domingo de Ugartechea at Bexar, December, 1834, to become "'principal military commandant of Coahuila and Texas." Ugartechea immediately began calling on Cos for reinforcements and for money and supplies. Cos was anxious to respond, but the dis- turbed condition of Alexico, the insurrection in Zacatecas, and the threatening outlook elsewhere made it difficult to find troops for a dis- tant province like Texas. On December 28, 1834, he wrote Ugar- techea from Matamoras that Capt. Antonio Tenorio would sail in a few days with forty men to garrison the custom house at Anahuac ; and February' 23, 1835, he wrote that the battalion of Morelos, 500 strong, would embark for Copano about the first of April. Tenorio duly arrived at Anahuac in January, but the Morelos battalion was delayed so that it only embarked on July 4, and it had then shrunk from 500 to a mere handful. In the meantime, however, other re- inforcements were reaching San Antonio from Lampasos. .\uevo Leon and Agua Verde. Pending the actual arrival of reinforcements at San Antonio. Cos tried to encourage Ugartechea bj- telling him what the government intended to do in Texas as soon as conditions were more tranquil in Mexico. On May 4. he quoted a letter from the minister of war and marine, dated April 14. which said: "The su]:>reme government is seriously occupying itself with sending a strong exjiedition to regu- late the affairs of Texas. This will take place as suun as the dis- tubances of Zacatecas are terminated." On May 20 he quoted an- other letter saying that at least 2.000 men would be sent "to settle the afTairs of Texas." The demands of Ugartechea for reinforcements and the expressed intention of the government to send a large force to Texas were not lost on the colonists. They were very much opposed to having gar- risons established in Texas, and at the same time they distrusted Santa Anna's motives. They believed that his avowed ])urpose of protecting the settlements from the Indians was merely a pretext : that he really wished to get possession of the province, under this benevolent excuse, to prevent opposition to his plan of establishing a centralized government in Mexico. They began defensive pre])ara- tions. and these naturalK increased the fears of Ugartechea and 108 HIS'lOKV OF TEXAS 109 caused him to redouble his pleas for reinforcement. Cos issued pro- clamations saving that the troops destined for Texas had no hostile object, but the colonists did not believe him. In turn, the colonists declared that they were loyal citizens of Mexico, willing and anxious to perform their duty as such, but Cos probably could not have be- lieved them if he had tried. The distrust was mutual, racial and probably inevitable and ineradicable. As a companion measure to the establishment of the garrisons in Texas it was the plan of the government to re-establish the custom- house. Colonel Almonte estimated the value of contraband trade through Texas in 1834 at $270,000, and Ugartechea wrote Cos on December 11, 18,54, that the smuggling going on through the jjorts of Galveston, Brazoria and the moutli of the San Bernard River was greater than the imi)ortations through Matamoras. In fact, mer- chants of Taniaulipas. Nuevo Leon, Coahuila and Chihuahua who ordinarily imported through Matamoras or Tampico now frecjuentlx' got their goods through these Texas jjorts duty free. With Tenorio, in January. 1835, came a collector and several de]>u- ties to resuscitate the customhouse at Galveston, or Anahuac. The collector, Jose Gonzalez, stopped at Brazoria, and made some effort to establish an office there, but in April he moved down the Brazos to V'elasco and is said to have collected there for a time tonnage duties on vessels entering the river. Deputies Martin de Alegria and Gil Hernandez accompanied the soldiers, and established themselves at Anahuac — Tenorio explained that there were no buildings at Gal- veston, and that he thought it_best to go on to Anahuac, where his detachment could find convenient quarters. At the same time it nnist be remembered that the customhouse at Matagorda was already in o]>eration. its proceeds being devoted to the maintenance of the sol- diers at Goliad and San Antonio. .Anahuac was the principal port of the department of Nacogdoches, whose imports Almonte valued in 1834 ;it $265,000. For some time after the departure of Bradburn's garrison in 1832 the customhouse had been maintained by Sergeant Juan Cortina, but it was declared in 1835 that no duties had been collected there for several years. The settlers of that section retained uni)leasant memories of Mexican sol- diery, and they further resented the re-establishment of the custom- house, so that from the beginning Tenorio's path was strewn with thorns. At first, however, his difficulties were due rather to deficient ef|uipment than to colonial opposition. He complained th.it his force was tf)0 small "tr> compel respect for the national honor," th.it he could not ))revent snniggling because he had no small boats, that he had no cavalry to use for couriers, and that the uncertainty of the mail service between San Antonio and Nacogdoches left him almost entirely iso- lated. By the middle of March his supplies were almost exhausted, and the merchants of Anahuac refused to make advances because, as Tenorio said, they "justly feared" that the government would not repay them. Moreo\er. the force that he had was only ])artially armed. .\n invetitory of April 23. 1835. showed "in good condition": twentv muskets, twentv-nine b;i\onets. five short carbines, fiftv flints 110 HISTORY OF TEXAS and 300 cartridges ; "semi-useless," six muskets, twenty flints and ninety cartridges; "useless." three muskets and two carbines. Finally the hardships of the garrison began to tell on the morale of the sol- diers. Two of them went into the pay of the enemy, informing them of everything that went on in the quarters and trying to induce their comrades to desert. Under their persuasions several of the soldiers did desert — five at one time, and others in smaller numbers — and Tenorio complained bitterh- that not only would the civil authorities not help him to recover them, but that they actually had furnished them passports through the colonies. On May 1 Tenorio was temporarily encouraged by the arrival of Lieut. Ignacio Duran with nine men to reinforce the garrison, some muskets and ammunition, and $2,310 to pav the troops, but his satis- faction was short-lived. For a time the discomforts of the garrison were due mainh to the original lack of equipment and to subsequent neglect by the govern ment ; while the semi-passive hostility of the colonists had been onl} a vague cause of uneasiness in the background. Some of the colonists for a time paid the duties levied on their goods: others promised to pay and often never redeemed their pledge, while still others were considerate enough to bring in their cargoes under cover of night without disturbing the officers, and thus there was no occasion for friction. Rut in this arrangement lay the seed of discord. Those who paid began to murmur that the illicit trade of their less conscientious neighbors should be suppressed, and the latter probably grew envious of those fortunate individuals whose credit was good at the custom- house and who were thereby enabled to introduce their merchandise free, without undergoing the inconvenience of smuggling. The result was that many soon refused 0])enly to pay duties at all. The discontent of the colonists was increased, too, from the fact that the revenue laws were not enforced consistently in different parts of the same section. While Gonzales at Velasco was collecting only tonnage duties, .\legria and Hernandez at .\nahuac were enforcing the tariff to its fullest extent. The opposition of the merchants of Anahuac had reached such a point l)y the middle of April as to induce the loyal ayuntamiento of Libertv to issue a proclamation (April 17) informing "all the good citizens of this Jurisdiction that a proper obedience to the Laws is the first duty of a good citizen," and that "the revenue laws like all other political laws are to be respected by those who come within the legitimate scope of their action." The ayuntamiento was of the opinif)n that the tariff was "disproportionate in some particulars and op])ressivc in others," and stood in "great need of modification"; but thought this modification could only be effected by the national Congress, and in the meantime urged all good citizens to observe and all military officers to enforce the revenue laws. Whatever the discontented taxpayers may have thought of the avuntamiento's appeal for obedience to the laws, the suggestion that the laws might be modified bv a petition to the government seemed worth trying. On Ma\ 4 some twentv or twenty-five men gathered ;it HISTORY OF TEXAS 111 the house of Benjamin Freeman and framed a memorial to the gov- ernor of the state, askinjj him to intercede with Congress for a remis- sion of the tariff in Texas. They gave as their reason for this reque.st. "That for several years past no duties have been demanded in any l)art of these colonies, and even now none are demanded at any port Init that of Galveston ; that this Jurisdiction is the poorest and least improved of any in all Texas : that though any part of these colonies are too poor to pa}- the regular duties according to the Mexican Tariff, this is the least able of any. * * * And though they have so patiently submitted for so long a time to this injustice, they have at length resolved to i)ay no more till custom houses shall be organized and duties collected throughout all the other parts of these colonies. * * * The poverty of the citizens of these colonies, and of this Jurisdiction in ])articular. their increasing population, the scarcity of provisions in the country and the difficulty of securing supplies make it absolutely necessary that all kinds of jirovisions and groceries, and all other articles of absolute necessity, should be imported duty free, it being impossible to procure these things in a Mexican market, a sufficiency not being made in this country, and there being an insufficiency of money in the country to pay the dutj^ on half the articles of absolute necessity to the existence of these colonies " William Hardin was chairman of this meeting and J. N. More- land, who had signed the manifesto of the ayuntamiento of Liberty, was secretary. Tt is worthv of noting that while the ayuntamiento recommended non-importation until the laws were amended, the Anahuac meeting ignored this suggestion and resolved to pay no duties until collections were equallv enforced throughout the country. The i)roceedings of this meeting are chiefly important for their ex- pression of opinion, for it seems that the documents were never forwarded to the authorities, .'\ndrew Briscoe, a leading member of the meeting. later explained that the chairman departed for the United States imme- diately after the meeting without signing the resolutions, and that they were never sent. Nevertheless, the collector and all his deputies abandoned .\nahuac on Mav 9. five days after the meeting. There was a strong hint in the manifesto of the ayuntamiento of Liberty that the malcontents were foreigners, and not citizens of Texas, and a ])ublic meeting of the people of Columbia on Jime 28 condemned the resolutions just given as the work of foreigners. Bris- coe replied to this in The Texas Republican of August 8. 1835. by saying that all tho^^e who particijiated in the Anahuac meeting of May 4 were citizens except two. and that these two owned land in Texas and intended to become citizens. .\fter the abandonment of his post by Gonzalez, Tenorio exercised the duties of collector for a time — without authority, as he himself admitted, but he thought it would establish a disastrous precedent to allow ships to land their cargoes without any attempt to collect the duties, and felt that the end justified the means. He must have been soon relieved by an authorized collector, however, for he tells us that on the eleventh of June the collector asked him for a guard of four soldiers and a corporal, giving as his reason for the request that Mr. 112 HISTORY OF TEXAS Briscoe was going to call during the day to pay some duties he owed and might attack the office. "The office received no insult" on this occasion, writes Tenorio. hut on the "night of the 12th the same Mr. Briscoe took from his hous. a box, and went to the sea shore to embark it ; but the collector and the guard also went to the sea shore, and when they tried to arrest Briscoe and two other Americans they resisted with arms, and one of them — named Smith — was shot and wounded by one of the soldiers. * * * Mr. Briscoe was simply making fun of the collector with all thi-^ business, for when the box was opened, it was found to be full of mere rubbish." To Tenorio this seemed a maliciously planned joke, but the account of DeWitt Clinton Harris, one of the "two other .'\mericans" with Briscoe, gives another view of it. Harris says ; * * * "About 8 o'clock a young man came to the store and asked Briscoe for a box to put ballast in ; this Mr. Briscoe gave him, and he placed it in a wheelbarrow filled with brick and started for the beach ; after he left the store I observed to Mr. Briscoe that we could now ascertain whether my goods would be stopped or not. Shortly after, we heard the young man calling for Mr. Smith, the interpreter. Mr. Briscoe and I then walked up to the young man. and found that he had been stopped by the guard. Mr. Smith soon came up and informed the guard of the contents of the box; this ap peared to satisfy him, and the box was taken to the beach, Mr. Briscoe and I going with the young man. After the box was put in the boat and we were about returning, ten or twelve Mexican soldiers came on us and ordered us to stand. Mr. Briscoe and I were taken prisoners. As we were ascending the bank a young man named \Vm. Smith came down the hill, and within ten feet of us was shot down. * * * Mr. Briscoe and I were then put in the calaboose, where I remained until next day at 11 o'clock, when I was liberated, Briscoe .still being detained." On his return to Harrisburg, Harris sent a report of this trouble to San Felipe, and his statement, together with other events which soon occurred there, hastened the climax of Tenorio's difficul- ties. News of this affair reached San Felipe at an interesting conjunc- ture. The Texans who had been in Monclova during the session of the Legislature had just returned and reported the dispersion of the Legislature and the arrest of the governor, along with numerous rumors of the unpleasant designs that Santa .\nna had upon Texas. Then, on the afternoon of June 21. a courier arrived from General Cos with a letter for the political chief. Dr. J. B. Miller. This letter. written from Matamoras on June 12 notified the political chief of the arrest of the governor and requested him, pending the appointment of new officials, to "take special care of the administration and internal order" of his department. In doing this he was to subject himself to the laws of the state "without making any innovations whatever. Nevertheless, your honor will dictate sucfi measures as are in your power, to prevent under anv circumstances a disturbance of the tran- r|uillit\' of the department, placing \Durself for that purpose in com- HISTORY OF TEXAS 113 munication with the nearest military chief, who will afford you every assistance." As we have seen, the mass of the colonists felt no particular resent- ment at the dissolution of the state government, and Cos's letter was not necessarily alarming. It has long ago appeared from this narra- tive, however, that there was a small party in Texas ready to make the most of any occasion for friction with Mexico, and some members of this party now determined to search the courier who brought the letter to the political chief and see what else he had in his pack. He tried to save his dispatches by secretly passing them to a friendly American, but this nio\ement was detected and they were soon in the possession of the enemy. The package was found to contain several letters to Captain Tenorio at Anahuac. One from Cos, dated at Matamoras on May 26, acknowledged the receipt of letters from Tenorio of May 2 and 4 com- plaining of the "impudence" of some Texans who appeared "to have persuaded themselves that the ports of the republic were exclusively for the purpose of carrying on a criminal and clandestine commerce." Cos said that he had forwarded the letters fo the government with others of his own urging strong measures to enforce upon the Texans obedience to the law. He had no doubt that the government would attend to the matter with the promptness which its importance de- manded, and in the meantime he had ordered the Morelos battalion to Copano, whence it could be distributed through the province as needed. "You will operate in everv case," said Cos, "with extreme prudence, but if by an\- fatality the public order should be overturned, you are to proceed without any deliberation against whomsoever may occasion it ; without permitting for anv cause the national arms to be tarnished." There were two letters from familiar friends assuring Tenorio that he was soon to receive strong reinforcement, and a let- ter from Ugartechea at San Antonio dated June 20. Ugartechea said : "In a very short time the affairs of Texas will be definitely settled, for which purpose the government has ordered to take up the line of march a strong division composed of the troops which were in Zacatecas, and which are now in Saltillo. * * * These revolutionists will be ground down, and it appears to me we shall soon see each other, since the government takes their matters in hand." The first fruit of these disclosures at San Felipe was a proclama- tion the same day (June 21) from the political chief. Dr. J. R. Miller, to the people of his department. It was his duty, he said, to inform the people of the critical situation in which their constitutional rights were placed by the usurpations of the military authorities; and after enumerating some of the recent encroachments upon the constitution, he asked : "Are you prepared to receive such a government as it may please the Commandant General Cos and his masters to give you and again receive a military officer as your governor ; or will you support and maintain the officer vour own voluntarv vote placed in office and who now lies in prison on account of the vote made in his favor. I think h\- th<' feeling-^ which I have that I can answer \U|.. J _.1J 114 HISTORY OF TEXAS yuu will never submit tamelv to such a course. The object is to establish the supreme executive authorit)- of the state in Texas. This is highly important and it behooves every man to strain every nerve to accomplish so desired an object, and in obedience to the orders we have received, to turn out immediately, organ- ise, and march to his relief, and bring him to a place of safety in this favored Texas ; * * * \'q^ will march to this place as soon as possible and wait for further orders." The next result of the intercepted correspondence was a public meeting at San Felipe on June 22, presided over by R. M. ^^'ilIiamson. who issued an address to the citizens of Coahuila and Texas rallying them to the support of "Liberty, the Constitution, and Federation." The jurisdiction of San Felipe grieved to see that '"the hopes of patriots and the lively desires of a numerous people, scarcely free from the horrible bond that subjected them to the Spanish govern- ment, are frustrated so abruptly and unexpectedly, and that a system equally despotic is imposed upon them anew." For a long time the people of Texas had been convinced that the government was tending toward the destruction of the constitution : but "being such recent settlers, and citizens only by adoption, taught since childhood to reverence and respect the national legislation." they had looked in silence upon unjustifiable and dangerous aggressions, leaving it to native citizens to raise the voice of protest. Even now they would not protest but for the fact that the usurpations of the general government had reached the state of their adoption. They had alway> adhered religiously to ihe constitution as they understood it. and would continue to do so "as long as memorv called to mind its excellence and worth." As they understood it, the constitution fixed the s])here of authority for the state and the general governments. "We consider that the general government was created for objects wholly exterior, and that the regulation of their internal affairs was left to the states. An invasion of the rights of another b}- whatever power is uniformly dangerous, and uni- formly to be resisted. Such invasion has been committed by the general government against the State of Coahuila and Texas : (1) In the persons of the representatives in the national con- gress, when they were prevented by military force from discharg- ing the duties of their office : (2) by the decree of the president ordering a new election of officers in ()pi)ositii)n to a regular and constitutional election previously held: (,^) by the decree of the general congress disbanding the civil militia and recjuiring the states to surrender their arms; (4) by the decree of the general congress prohibiting the state of Coahuila and Texas from issuing letters of citizenship to its colonists; (5) by the arrest by regular troops of Don Augustin Viesca, the constitutional governor of the state: (6) by the overthrow of the state authorities by regular troops ; (7) by the recent resolution declaring that the general congress has the right to alter the constitution and form of gov- ernment at its pleasure without pursuing the mode pointed out l)y that sacred instrument: (8) by the creation of a dictator with HISTORY OF TEXAS 115 absolute power whose only rule of conduct is his own will and pleasure ; and (9) by numerous other acts, all manifesting a total disregard for the rights of the states, and a determination of the present ruling authorities of the nation to prostrate the republican federative principle." Against all this the people of Texas protested. They would main tain the federal and state constitutions as originally adopted, and they would maintain the governor and all other state officials in the dis- charge of their duties. In these two resolutions they thought were contained every obligation that could be demanded of citizens. In carrying out these obligations they pledged their "lives, fortunes and sacred honor" never to abandon the contest until the last drop of blood of the last man in Texas was spilled. Texans and Coahuilans were separately urged to stand firm in support of the constitution, and thereby stimulate into activity the liberals of Mexico. The Texans could muster 10,000 rifles for their defense, and there was not ])Ower enough in the Mexican government to drive them from the country. Whatever force might come against them would come only to meet the victorious vengeance of a peojile who always had been brave and always would be free ; they were invincible in Texas, but desired also that the Coahuilans should be free. Moreover, the people of the United States were interested in the fortunes of the Texans and in the hour of danger thousands would flock to their aid. This proclamation was printed in English and Spanish and circu- lated. The summary just given is from the Spanish copy in the Aus- tin papers. Ugartechea forwarded a copy to General Cos on July 15. and one can easily imagine his opinion of the professed loyalty to the constitution. The somewhat highflown. bombastic style of the address was aimed at the Coahuilans, but it is likely that they, too. resented the hint of assistance from the United States and the boasted invincibility of the Texans. The English of D. B. Edward, a queer old pedant wlio i)ublishe(l in 1836 his history of Texas, is frequently beyond comprehension; but so far as it is possible to interpret his account of this incident, it seems that .some of the radicals who attended the meeting of June 22, assembled later on the same day. with the political chief in the chair, and adopted resolutions authorizing volunteers to ex])el Tenorio's gar- rison from .-Xnahuac before the arrival of the expected reinforcements. William Barrett Travis immediately began the formation of a vol- unteer company, and in San Felipe and Harrisburg thirty nvn signe 1 an agreement to meet at T.ynch's ferry and march against the garri son. Ten of these failed tf> start on the expedition, and three <>f the Harrisburg contingent withdrew at Vince's Rayou : but by the addi- tion of eight men from Lynchliurg and Spilman's Island the partv was again increased to twenty-five. .\ halt was made at Clopjjer's Point, and an election held, the result of which made Travis captain, Retson Morris, first lieutenant, and .\shmore Edwards, second lieutenant. The captain then appointed John W. Moore orderly sergeant. The sloop Ohio, belonging to David Harris, had l)een eh.irlered at Harrisburg. and in tlii- tlic\ all nnw embarked and ]irneeede(l 116 HISTORY OF TEXAS toward Aiialuuic. When within about lialf a mile of the shore, the sloop was groimded, and Captain Travis ordered a shot to be fired, by way of warning, from the small cannon which they had on board, mounted on a pair of sawmill truck wheels. The gun was then placed in one of the small boats, and they all rowed ashore, where Travis was met by a note from Tenorio asking the purpose of his visit. Travis replied that he had come to receive the surrender of the garrison. Tenorio asked that he be allowed till the next morning for consideration ; but Travis informed him that he could have only one hour, and then, without waiting for the expiration of that, since it was growing dark, ordered an advance. But the Mexicans had made use of the delay to flee to the woods, and the Texans found the fort deserted. Travis soon received a message from Tenorio. how- ever, asking for an interview on the river bank ; and this being granted him. he held a council and decided, by his own account, "in view of the difficulty and uselessness of making a defense, that a capitulation should be made." On the next morning (June 30) the terms of the surrender were arranged. Twelve soldiers were to be allowed to retain their arms, as a protection against the Indians in their march toward Bexar, and the Mexican officers pledged themselves not to take up arms again against Texas. Captain Harris says there were forty-four Mexicans in the garrison, and that the Texan force had l^een increased by several accessions at .\nahuac to about thirty. Travis, writing to Henr}- Smith about a week after the capitulation, says, "1 received sixty-four stands of arms (muskets and bayonets)." The Mexicans and the Texans returned together in the Ohio to Harrisburg. which they reached in time for a liarbecue on the fourth of July. One may well imagine that Tenorio was rather glad than otherwise to be relieved of his trying duties at Anahuac : for. at the barbecue, he is said to have "walked among the people, shaking hands with the men and acting as if he was the hero of the occasion." By July 17. Tenorio had reached San Felipe : but being very kindly received by the authorities there, — Wily ]NIartin having superseded J. B. Miller as political chief — he remained some seven weeks in the hope that Ugartechea would send him horses and money with which to complete his journey to San Antonio. He arrived at Bexar about .September 8. The attack on Anahuac was condemned general!}- throughout Texas, except by the most radical of the war party, which was still comparatively small. Town after town adopted resolutions of pro test against the precipitate action of a few rash men which might involve the province in serious trouble. Travis, indeed, found the general sentiment against him so strong that for several weeks he published a card in The Texas Republican asking the people to sus- pend judgment upon him until he could publish an explanation and justification of his act. This was tardily written on September 1 and forwarded to his friend Henry Smith for publication, but Smith appar- e.ntly thought best to withhold it from the press. The original is now in the I.amar Papers in the state library. It reads as follows : HISTORY OF TEXAS 117 "To the Public: "The undersigned published a card some time since, stating that he would give the public his motives in engaging in the expe- dition to Anahuac which resulted in the capture of the garrison of that place on the 30th of June last. Circumstances beyond my control have hitherto prevented me from redeeming the pledge therein given. I will now do so in a few words. "I refer the public to the following documents to siiow what were my motives in that affair. At the time 1 started to Ana- huac, it seemed to be the unanimous opinion of the people here that that place should be reduced. The citizens about Galveston Bay, who had formed a volunteer company for the purpose, sent to this place for aid. The political chief approved the plan and l)resided at a meeting of about 200 i)ersons who adopted the reso- lutions which appear below. "Being highly excited by the circumstances then stated. 1 volunteered in that expedition, with no other motives than of patriotism and a wish to aid my suffering countrymen in the embarrassing strait to which they were likely to be reduced b}' military tyranny, f was casually elected the commander of the expedition, without soliciting the appointment. I discharged what I conceived to be my duty to my country to the best of my ability. Time alone will show whether the step was correct or not. .*\nd time will show that when the country is in danger that I will show myself as patriotic and ready to serve her as those who to save themselves have disavowed the act and denounced me to the usurping military. "W. Barrett Travis." "San Felipe, September 1st. 1835." The documents that Travis intended to publish with this statement were no doubt the proceedings of the meeting that authorized the attack ; but they have never been found. The attack on Tenorio convinced the government even more strongly than before of the importance of hastening troops to Texas. The people were firmly opposed to the establishment of a strong military force in Texas, and to prove their loyalty passed resolutions in numerous local meetings condemning the attack on Anahuac. .Xnd in general their condemnation was sincere. The government had no intention of suspending the military movement to Texas, but I'gar^ techea and Cos took advantage of the pacific tone of these resolutions to demand the surrender of the k-.-iders of the war party for military trial. The people refused, and to the Mexican mind this was good evidence of the revolutionary intentions of the colonists. The attack on Anahuac was an important step in the development of distrust and misunderstanding that led to the rexojutioii. CHAPTER XII THE STRUGGLE BETWEEN CONSERVATIVES AND THE WAR PARTY By the arrest of the governor and dissolution of the legislature Texas was left virtually without a government. What was best to be done under existing circumstances was the all absorbing question. But few, if any, thought for a moment of submitting to the usurpation and tyranny of Santa Anna. While some favored immediate resist- ance, others favored a temporising policy, by which time would be gained, and preparations made for the worst. Texas was without a treasury and the appliances of war. It was proposed to raise a force and rescue the governor but it failed. The people were indignant at the course of the late legislature; they were also grieved and alarmed at the fate of Zacatecas. Previous to these occurrences, however, a meeting of the citizens of Mina, now Bastrop, had assembled on May 17 and appointed a com- mittee of safety, composed of Edward Burleson, D. C. Barrett, John McGehee, B. Manlove, and Samuel Wolfenberger. Wolfenberger was the chairman of the meeting, and John W. Bunton secretary. This action was made necessary by the frequent inroads of the Indians on the settlements of the Colorado, and not in view of a conflict with Mexico. The example of the citizens of the municipality of Mina was soon followed by all the municipalities. The political chief's proclamation of June 21 urging an expedi- tion to rescue the governor was the occasion of a number of public meetings. The first of these was held at Columbia on June 23. The proclamation had reached that place on the 22nd, and a private letter from Henry Austin to James F. Perry written on the 23rd gives some of the intimate history of what followed. He says: "An attempt has been made here today to involve us in an immediate revolution by sending troops forthwith in obedience to a call by the chief of police to fight the federal forces — a report and resolutions were produced cut and dried in caucus last night, compromitting us at once — I moved as an amendment — that the further consideration of the subject matter before the meeting should be postponed until the great body of the people of this municipality could be convened to express their sentiments as to the expediency of a measure involving the security of the rights, and property and the safety and lives of the families of the peo pie ; this was not admitted by the agitators as an amendment, when it was determined to put the report and resolutions to vote first and then take the vote upon my motioii ; on division two- thirds were against their report. They then without taking a vote upon my motion so modified their resolutions as to effect the same purpose, which, being agreed to, they appointed a commit- tee to draft a report and resolutions to be proposed to the meeting on Sunday. It was proposed to add me and R. Williams. I declined to aid in forestalling the sentiments of the people, wish- 118 HISTORY OF TEXAS 119 ing the meeting on Sunda\ to be left free to appoint their own committee, and the people will reject their report on that groimd if it be put to them. You and Pleasant McNeil must be here * * * every one who can give a vote, for the cast is to be made which will lose or win all our hopes in Texas." * * * Ihe subsequent (. (jlunibia meeting of June 28 was im])ortant because it became the model tor several other municipalities, some of which endorsed its resolutitjns en bloc. With the hoj)e, no (loul)t. of influencing this meeting an alarmist article was published in Tlif Texas Republican of June Ti . Despite this effort to stampede it, the meeting on the next day was conservative, and while advising defen- sive preparations urged strict adherence to the laws and constitution (jf the nation. Col. W. D. C. Hall was called to the chair and Hyrd H. Waller elected secretarv. ^lessrs. John .A. Wharton, W. D. C. Hall, H. Smith, J. F. Perrv, l'. 11. Bell. S. Whiting. G. B. McKinstrv, W. C. White, P. B. McXe'el," F. Bingham. J. A. Phelps, Edwin Waller. !•:. Andrews, J. P. Caldwell, and E. (]. Head were unanimously cliosen to prepare a report and resolutions unanimously adopted as follows : "Your committee view with the deepest regret and greatest alarm the present political situation in Texas, and recommend to this meeting, and their fellow-citizens generally, union, mod- eration, organization, and a strict adherence to the laws and con- stitution of the land. Your committee protest against the acts and conduct of any set of individuals (less than a majority) calcu- lated to involve the citizens of Texas in a conflict with the federal government of Mexico, and particularlv protest against the ])ro- ceedings of those persons at .\nahuac who gave the collector of customs, Don Jose Gonzalez a series of resolutions declaring that thev would not obev the revenue laws of Mexico. They denounce such persons ;is foreigners, and disclaim .ill par- ticipation in the act whatever. Your committee further de- clare thai they are the faithful and loyal citizens of Mexico, and that the\- are disposed and desirous to discharge their duty as such and that it is their wish and interest to remain .ittached to the federal government of Mexico. Your committee recommend to the political chief the adoption of the most prompt and ener- getic measures to chastise the savages that liave lately com- mitted de]iredations on our frontier citizens; and beg lea\e to present the following resolutions: "Resolved. That inasmuch as Texas is left in ;i state of anar- chy, and without governor, vice-governor, or council, that we recognize the political chief as the highest executive office, and that we carnestiv recommend an immediate ors^janization of the militi.i for the jirotection of the frontier, and that he susjK'nd further orders until the whole people are consulted, and also that lie recommend a similar course to the chiefs of the other depart- ments of Texas. "Resolved, That the political chief he requested to correspond with the other chiefs of departments in Texas, and request them to co-operate with him in electing three deputies from each juris- 120 HISTORY OF TEXAS diction of tlieir st-veral departments to meet the chiefs of depart- ments in public council, with full powers to form for Texas a provisional government, on the principles of the constitution, during the reign of anarchy in the state, and that they meet as soon as circumstances will possibly permit. "Resolved, That a committee of five be chosen to wait on the political chief with the views of this meeting, and that they remain a permanent committee of vigilance, correspondence, and safet}-. ■'Resolved, That the political chief be requested to address the executive of the federal government of Mexico, representing to him the peacable and loyal disposition of the citizens of Texas, and their great desire to remain attached to the federal govern- ment. "Resolved, That the political chief be requested to address the citizens of this department, commanding them to adhere strictlj; to the laws and constitution of the land. "Resolved, That we will support the political chief in the dis- charge of all constitutional duties. "Resolved, That the chairman of the meeting be requested to address a letter to the political chief, enclosing him a copy of the proceedings of this meeting. "Messrs. W. D. C. Hall, J. A. Wharton, W. H. Jack, J. G. McNeel, and G. B. McKinstry were chosen by the meeting the committee of vigilance, correspondence and safety, and to wait on the political chief with the views of this meeting." On July 4 the district of Lavaca adopted these Columbia resolu- tions, and appointed a committee of "vigilance and correspondence" consisting of William Millican, John Alley. Samuel Rogers, Elijah Stapp, Francis F. Well?, and Sam .\. White. Its duties were "to use all possilile exertions to obtain any intelligence which may have any bearing on the well being of Texas, and communicate the same t luindrcd infantry en route to reinforce the {garrison at Rexar (as promised by Cos in his letter to Tenorio). they called upon the political chief to intercept them, and as a greater guaranty against invasion, to take the necessary steps to capture and hold Bexar. That they favored a general consultation of delegates from all the muni- cipalities of Texas. They concluded by calling on the militia to hold themselves in readiness to march at a moment's warning, which the militia did, as was proven by the alacrity with which, when the emergency arrived, the comjjanies of Captains Alley and -Sutherland marched to the seat of war at Gonzales and San Antonio de Bexar." At Nacogdoches a meeting was held on July 1*5, Col. Frost Thorne in the chair and Col. Thomas J. Rusk acting as secretary. A resolution was unanimously adopted asking the political chief to call a meeting of his department for the purpose of adopting measures for acting in unison with other parts of the province, and a committee of vigilance and correspondence was appointed consisting of John F"orbes, George I'ollitt, Thomas J. Rusk, Frost Thorne and J. Logan. In writing of ihis meeting on the 21st, Forbes said: "Notwithstanding the efforts of a few tories here who are untiring in their efforts in misrepresenting matters and keeping back ex])ression of the people's sentiments, the Red Landers will not be a whit behind the people of the Brasses and other parts of Texas in the maintenance of their liberty and rights, and will stand shoulder to shoulder in the defence of the republican institutions and support of the laws of their adopted country." On August 8 the citizens of San Jacinto community held a meeting. Capt. William .Scott was chairman and David B. Macomb, secretary. .\ ccimmittee on resolutions was appointed to "express the sense of this meeting in relation to the present condition of the country and the propriety of calling a general convention as soon as practicable." David C,. Burnet was chairman of this committee and the very able and con- servative resolutions which were adopted by the meeting were chiefly Ins work. Other members of the committee were James Kutb, Phili]) Singleton. Doctor Gallaher and David B. Macomb. The tone of the resoUitifins is represented in the following : "Confiding in the correctness of the information we have re- ceived from the various quarters, we consider the federal republican government of the Mexican United States as subverted, dissolved, annihilated; and that the allegiance of every citizen to that gcjvern ment is, necessarily, absolved and of no more political or moral obligation. ".'Mthough we consider it ])remature to pronounce definitely upon the new government, established or to be established, at the City of Mexico, because the particular constitution of that government has not been made known to us, we are ready now and at all times to declare our utter abhorrence of any government that is purely mili- tary in its character ; and are now and at all times ready to resist the impositfon of such a government with all the means and all tin- energies that Providence has conferred upon us. "We nevertheless entertain a cheering confidence in the dis- tinguished leading citizens of our adopted couiilry that they will not 126 HISTORY OF TEXAS permit the land of their birth and their atifections to lose the dear bought benefits of so many revolutions, by one inglorious revolu- tion retrograde by a sudden transition from light to darkness, from liberty to despotism. That they will organize a system of govern ment in accordance with the spirit of the 19th century : a govern- ment based upon wise and equitable laws, with such a distribution of the three cardinal powers as will assure to each individual all the guarantees necessary to rational political liberty. "We have marked with surprise a disposition to attribute the late movements of the general government to a recent reported specula- tion in the lands of Texas, and to charge the speculators as the authors of the present disquietude. That we reprobate all nefarious and fraudulent speculations in the public domain as warmly as any portion of our fellow-citizens can do ; but we can procure only a short-sighted puerility in attributing radical changes in the govern- ment of Mexico to the intrigues of a few speculators in the town of Monclova. "We deem it altogether inexpedient and highly injurious to court a contest with the government of Mexico. That we have always considered and do still consider the aggregate Mexican Nation the rightful sovereign of the territory we occupy — That nothing short of an absolute determinate violation of those essential, sacred and imprescriptible rights which pertain to us as members of society should induce the Anglo-American citizens of Texas to abstract themselves and the noble soil which the Mexican nation has so liberally conceded to them from the sovereignty of that nation. "That the dissolution of a government does not of necessity requisite that the constituent parts of the nation should separate finally. That the abstract right to do a thing does not always ren- der the doing of it wise or commendable. That although the citizens of Texas may have the political right to reject the new government of Mexico, and to adopt one more consonant tt) their habits and feelings, we do very seriously question the policy of doing so. un- less constrained by imperious circumstances, such as, we trust, do not and will not exist. That as adopted citizens, we ought to exer- cise even our absolute rights with some diffidence, and with a peculiar regard to the moral obligations that may rest upon us. "That inasmuch as it is impracticable for a people so dispersed as are the jieople of Texas to act collectively and in unison in an\ public exigency requiring deliberation and interchange of opinions, we conceive it expedient that a convention to consist of two dele- gates from each precinct be elected, and to assemble with all con- venient expedition at the Town of San Felipe de Austin, or .some other convenient point, to confer on the state of public affairs to devise and carry into execution such measures as may be necessary to preserve good order, and the due administration of the laws ; to collect and distribute information relative to the nature and the operation of the new government of Mexico ; to communicate with the authorities of that government : and to adopt and to carry into execution such ultimate measures as in their wisdom may seem HISTORY OF TEXAS 127 meet and proper ; and conducive to the substantial, permanent wel- fare of Texas. Strictly enjoining it upon each and all of the dele- gates so to be convened, to preserve by all possible means, compatible with the character of a free people, the peace of Texas and the unity uf the Mexican nation." In The Texas Republican of July 25 there appeared a notice signed by W illiam H. Wharton, U'. H. Bynum, VV. D. C. Hall. A. Calvit. S. \Vhiting, P. Bertrand. W. T. Austin, and W. G. Hill calling a meeting at Columbia on July 30 to express the sentiments of the people "in regard to the importance of having a convention of all Texas, through her repre- sentatives, for the purpose of restoring peace and confidence." The issue of this paper for August 8 says that the meeting of the .^Oth dis- .solved without doing anything, and that another meeting was to be held on August 13 for the purpose of calling the convention. Mosely Baker and Johnson attended the meeting of the 30th. The majority of tho.se present were of the peace party, headed bv the most influential men in the jurisdiction. Fearing the unfavorable action of this meeting, John- .son, an intimate and personal friend of Josiah H. Bell, held a long con- versation with him. urging harmony of action, and suggested that no definite action should be taken, and that the meeting should adjourn to meet on a day named in .'Xugust. To this Bell consented, and said he would consult his friends. We were advised by him that his friends, the heads of his party, had consented; whereupon \\m. H. Wharton of the war party, was selected to address the meeting. Then adjournmeiU was taken to a day in August. Thus an important point was gained. Baker and Johnson were selected by their friends to visit East Texas and solicit the people to unite with the ])arty in .Austin's colony and endorse the proceedings held at San Felipe in June. With this arrange ment and understanding. Baker and Johnson, a few days after, set for- ward for Nacogdoches. On their arrival they met. at the house of J. K. and A. C. Allen, General Sam Houston and Thomas J. l\usk, the latter having but recentlv arrived in Texas. This was the first time that Johnson had seen Houston and Rusk. .A.11 were alike anxious to hear the news of the two sections of Texas. Baker and Johnson gave them an account of what had been and was being done by the people in that section. General Houston replied that they were, with but few excep- tions, submissionists : that he had left San Atigustine but a few days be- fore where a public meeting had been held to consider the state of the country. That he had attempted to address the meeting and that he had been literally hissed down ! That the people of Nacogdoches, and the jurisdiction generally, entertained a like feeling, and were submis- sionists. Baker and Johnson informed him and Rusk of their object in visiting Fast Texas. They were both of opinion that the time was inauspicious ; that the people must be made to understand the true situa- tion of [)uhlic affairs, and to choose between submission or resistance to the usurpations of Santa .Anna and the general congress. Discouraging as this news was, Johnson did not despair of rousing the people to a proper sense of the dangers by which they were threatened and to their duty. He had influential acquaintances and friends in Nacogdoches and San Augustine, On parting with these gentlemen. General Houston 128 HISTORY OF TEXAS said to Baker and Johnson that he was with them in feehng, and would do what he could to assist them to the utmost of his ability. The next morning, at an early hour, Johnson called upon his old friend. Major John S. Roberts, who at the time was engaged in the mercantile business with Henry Rueg, political chief of the department of Nacogdoches. After a warm greeting, Johnson informed him of the object of his, and his friend Baker's visit to that section, and gave a full account of what had been done in Austin's colony. He said the people of that section, owing to the contradictory reports, were in doubt as to what they should do, and determined to remain quiet until better informed of the true state of public affairs; but for one, he said he was with the war party of Austin's colony ; and that he believed that when the people of the East were made acquainted with the action in that colony, which was considered the head and center of Texas, there would be no difficulty in uniting the people of that section. Johnson then enquired of him what view the political chief took of the situation. He answered that the chief was all right, that he was a firm supporter of the constitution of 1824. and oppo.sed to the change being attempted by Santa Anna and his congress. Johnson then requested him to say to the chief that he desired an interview at the earliest time that would suit his convenience. Soon after breakfast Major Roberts called upon Johnson and informed him that the chief was ready to receive him ; whereupon they proceeded together to the office of the chief, to whom Johnson was introduced. Johnson explained what had occurred in the West, discussed the course and policy of Santa Anna, and concluded bv suggesting the call of a public meeting of the municipality of Nacog- doches, which he approved. It was then agreed that a move should be made to call a meeting on the following day. Baker and Johnson then called upon Colonel Frost Thorn, Major John F"orbes, and other in- fluential men of the place who heartily approved of the call and went actively to work. In the evening of the day fixed for the meeting a large number of the citizens assembled at the "Old .Stone House" and organized. By request. General Houston addressed the meeting, in an able and eloquent speech, recounting the wrongs Texas had sutfered and was suffering at the hands of the federal government, during the delivery of which he was frequently cheered. At the conclusion of his speech, a preamble and resolutions, which had been previously prepared, were read, and on motion were unanimously adopted — Rusk not voting. A committee was appointed to visit San .\ugustine and present to the people of that municipality a copy of this preamble and resolutions and invite them to unite with their fellow-citizens of Nacogdoches and Austin. A copy of these resolutions preserved in the Austin Papers of the University of Texas show that this meeting was held at Teal's Tavern on August 15, with James Bradshavv in the chair and William G. Logan acting as secretary. The resolutions, which were presented by Solomon R. Peck, were preceded by a preamble stating the compact theory of government. Governments were declared to be "designed for the rational control of human actions and for the preservation of human rights ; when these objects are disregarded or abused the ends of association are dis- HISTORY Ol' TEXAS 129 appointed, and the com]>act is virtually dissolved." A state of nature resulted from this dissolution and men might then form a new associa- tion to secure the "unalienable rights of life, liberty, and the enjoyment of property." The federal constitution constituted such a compact, to which the colonists became a party when they came to Texas. It had now been destroyed by numerous abuses, which they enumerated, and the Texans must take measures to preserve it from anarchy. James Bradshaw, General Houston, Colonel Thomas J. Rusk, and Colonel Rich- ard Sparks were appointed to treat with the various tribes of Indians in Texas, "according to the promises made to them by the Mexican government, and whatever else they may deem proper to do the Indians justice and preserve peace with them." Persons who should flee from the country in the event of invasion were declared unworthy "to enjoy the rights of citizenship or hold any property in the country." Though they viewed war "in no other light than that of a most fearful scourge." and though it would be their steady aim to preserve peace while war could be avoided, the people of East Texas were opposed to despotism and monarchy and would sustain their brethren of the exposed parts of Texas should they be invaded by an armed force. They thought that a general convention of all Texas should be assembled without delay, and on motion of General Houston the ayuntamiento of .San Felipe was requested to call it. The committee proceeded to San Augustine and made known their object. After a public meeting was called, to which, on organizing, the action of the meeting at Nacogdoches was read and approved, a pre- amble and resolutions of approval were unanimously adopted, and the people pledged to the support of their fellow citizens of East and West Texas. Thus was the mission of Raker and Johnson successful, and all that their friends could wish. The tone of most of the public meetings just described is very similar. They declared loyalty to the constitution and laws, called for the organ- ization of the militia, suggested a convention, and urged steps to con- vince the authorities of their fidelity to the country. The suspicion may occur to the reader that, since the constitution was already practically set aside by Santa Anna, professions of loyalty to it were little short of declarations of independence, but a careful study of the available evidence leads to the conclusion that the majority of the colonists were anxious to avoid trouble, and would have welcomed a continuance of peaceable relations with Mexico on terms that secured them from the abuses of a military occupation. While the organization of the militia and the collection of munitions undoubtedly looked toward organization for defense from Mexico, they were needed for protection from the Indians, and defensive prejiarations were by no means inconsistent with sincere desire for peace. The convention was highly desirable in any event to enable the Texans to settle upon a definite policy. The meet- ings at Harrisburg, Navidad, and Nacogdoches show little of this spirit of hesitation, but it is clear from Johnson's narrative that much the larger element in the population of East Texas was reallv indifferent. The San Jacinto resolutions, on the other hand, framed 1)\ IXivid G. \"OI.. I !1 130 HISTORY OF TEXAS Burnet, plainly urged acceptance of any government that guaranteed the country from oppression. In the meantime the war party had begun the expedition against Anahuac and had induced Dr. I. B. Miller, the political chief, to issue his proclamation calling for volunteers to capture San Antonio and to march to the rescue of the governor. The peace partv rallied quickly, however, and most of the public meetings of June, July and early August were dominated by it. The Columbia meeting of June 23 declined to take action until a more general expression of the public will could be obtained, and the meeting of June 28, which became the model for most of the other meetings down to the middle of August, condemned aggres- sive movements and urged the political chief to exert his strongest in- fluence to tranquilize the people and to convince the Mexican autliorities that the Texans were loyal. A special committee placed the resolutions of this meeting before Miller on July 3, and he declared himself in cordial agreement with all of them, except the recommendation to open correspondence with Ugartechea and Cos. The fact is that Miller had already written a letter to Cos the day before, explaining the interception of the courier at San Felipe on June 21 and the resultant attack on Anahuac. The people had been excited, he said, "by an apprehension that the general government, being misinformed as to the loyalty of the people oif Texas," was "dis- posed to pursue a course of rigor towards us which would be extremely unfortunate." To show, however, the loyal feeling of a large majority of the people of the department he enclosed a copy of the proceedings of the Columbia meeting of June 28. In closing, he assured Cos that he would exert all his powers to preserve the public order and tranquility. For some reason Miller did not forward this letter after it was written, and it was not until July 20 that it was translated by Edward Gritten and despatched to Cos. The committee's request that Miller try to quiet the fears of the people was more immediately complied with, and on July 10 he pub- li.sh a proclamation to the inhabitants of the Department of Brazos, in which he says : "I deem it my duty as the highest constitutional officer of the department to call upon you in the name of the constitution and laws of the land which we have sworn to support, to remain quiet and tranquil. In the present condition of our country, it is alike im- portant to the common safety of all that no other orders should be obeyed but those issuing from the proper officers and that -w movement should be made but a common one. in a common cau.sc, 1 have therefore thought proper to issue this proclamation, com- manding and exhorting all the good citizens of this department to remain strictly obedient to the constitution and laws of the land and to engage in no popular excitement not expressly authorized by this Chieftaincy." Some days later — the document is undated, but it was probablv issued toward the end of July — Miller wrote for the public a full explana- tion of the causes that had led to his hastv proclamation of June 21 ("quoted in preceding chapter). He was e'videntlv convinced "that he HISTORY OF TEXAS 131 had been alarmed by "unfounded rumors" and his explanation can hardly have failed to have a tranquillizing effect upon the people. "During the late excitement at an early period I received orders as the politial chief from the governor of the state, to proceed with men and arms to his rescue. At that time also it was reported that besides the arrest of tlie governor and others, an army of some thou- sand men were then marching to Texas for its subjugation. Thi*^ request from the governor of the state, and very unpleasant reports of the day. had the same effects on myself that they had on the people generally. We were all overwhelmed with surprise, and for a moment lent an ear to unfounded rumors. In this state of things and in obedience of the legal head of the state, and in obedience to the earnest protestations of a number of influential citizens around me, I proceeded to call on the people to come forward at the request of the governor. It was not designed by me to proceed to any hostile measures; my inclination was to obey orders, or if reports proved true, defend ourselves. * * * "Fellow citizens, I shall close with one single .suggestion ; it is that we always act with caution. The late unnecessary alarm, pro- ceeding out of false information, has taught this salutary lesson of caution and moderation. To profit by experience is the high pur- pose of wisdom : and patriotic wisdom, combined with a patriotic attachment to the laws and the love of peace, will be sure in all events to lead to the felicity of each individual and all the citizens of Texas." On July 7 Ugartechea wrote Miller a letter, which he no doubt ex- pected to be made public, assuring him that the troops which had been ordered to Texas were coming for no hostile purpose, but merely to garrison the ports and protect the coimtry from the Indians, lie had already written Cos on July 1 suggesting that Cos issue a proclamation to that effect, and on July 12, 18.35, Cos followed his advice by writing a long circular letter to the three political chiefs of Texas. It is an interesting diplomatic document. The following quotation is from the translation which appeared in The Texas Republican of August 22, 1835. "The etitire want of police for sometime past in Texas lias neces- sarily contributed to the introduction of many men without country, morality, or any employment to gain a subsistence, who having noth- ing to venture in a revolution, are continually occupied in fanning the flame of discord and endeavoring to persuade the honest people of Texas that the Supreme National (iovernment entertain views and intentions hostile and fatallv i)reiu devastate their fields and e.xterminate all the .\nglo-Americans. 1 believe it would be exjiedient for the supreme government and the military commanders to say publicly and officially that such intentions do not exist, and that no preparations of that nature are being made. For I repeat that, considering the good sense of many of the inhabitants of this country, all that can be done to content them by conciliatory measures should be done, one of which would be a frank publication of the intention to send no troops to Texas." The next day Gritten wrote again from Gonzales. Captain McCoy had reported that a Mexican had recently been killed on the Colorado, because he was suspected of being a spy, and news had just reached Gonzales of the expedition that had marched against Anahuac. "There is much agitation in Texas," he said, "resulting from the alarmmg rumors which are, with evil intentions, circulated among its inhabi- tants; but I am sure that the sane part of the inhabitants do not wish to break with the Mexicans, but wish to preserve peace and union with them. And the affairs of Texas may be improved by means of these very persons, for if they were assured by the competent authori- ties that there is no intention to send troops to attack them, all would be quiet. I have been informed that many of the reasonable ones declare that if what has been said to them about the troops is not true, they themselves will seek the authors of the resolution for the attack on Anahuac and punish them as examples. Have the kindness, in the interest of order and peace, to allow me to assure them in your name that troops are not coming, and I am sure that all the trouble will cease." From San Felipe on July 17 Gritten wrote again to Ugartechea saying that all the inhabitants, even to the Sabine, unani- mously desired to preserve jieace. "In my understanding, and in view of the good disposition of these people, no more is needed to con- summate the work already begun of pacifying this country than to abstain from bringing troo])s into it for hostile purposes." Since (jritten was not at this time identified with either party in Texas his disinterested (j|)inion is worthv of considerable weight. Travis, too. thought that the peace party was the strongest, and his opinion is all the more valuable because he was a leading member of the war party. In a letter of July 30 to James Bowie he said: "The truth is, the people are much divided here. The peacf party as they style themselves, I believe are the strongest, and make much the most noise. Unless we could be united, had we not better be quiet and settle down for a while? There is now no doubt but that a central governinent will be established. * * * What will Texas do in that case? Dr. J. H. C. Miller, 138 HISTORY OF TEXAS and Chambers, from Gonzales, arc, 1 believe, for unqualified submission. I do not know the minds of the people upon the subject, but if -they had a bold and determined leader, 1 am inclined to think they would kick against it. * ♦ * General Cos writes that he wants to be at peace with us ; and he appears to be disposed to cajole and soothe us. Ugartechea does the same. * * * God knows what we are to do ! I am deter- mined, for one, to go with my countrymen : 'right or wrong, sink or swim, live or die, survive or perish,' I am with them." Other letters from Travis during this period express the same opinion. From the peace party, on the other hand, we have the following expression from Dr. J. H. C. Miller. Writing from San Felipe on July 25 to John W. Smith of San Antonio, he said: "All here is in a train for peace. The war and speculating parties are entirely put down, and are preparing to leave the country. They should now be demanded of their respective chiefs — a few at a time. First Johnson^ Williamson, and Williams; and perhaps that is enough. Captain Martin, once so revolutionary, is now, thank God, where he should be, in favor of peace, and his duty : and by his influence, in a good degree, has peace been restored. But now they should be demanded. The moment is auspicious. The people are up. Say so, and oblige one who will never forget his true allegiance to the supreme authorities of the nation, and who knows that till they are dealt with Texas will never be quiet. Travis is in a peck of trouble. Dr. J. R. Miller disclaims his act in taking Anahuac and he feels the breach. Don Lorenzo de Zavala is now in Columbia, attempting to arouse the people. Have him called for, and he also will be delivered up. Williams, Baker, and Johnson are now on a visit to him and no doubt conspiring against the government." As requested. Smith immediately showed this letter to Colonel Ugartechea. who, misled by it, and believing that the people of Texas would give up their leading men, issued the order for the arrests, as we have already noticed. During the absence of Baker and Johnson in Eastern Texas \\ ily Martin as acting political chief, issued writs to the several chiefs commanding them to arrest all who were named in Ugartechea's request. On their arrival at Washington at the La Bahia crossing of the Brazos, Raker and Johnson were informed of these proceedings, and that Travis and Williamson had left San Felipe and were secreted in the neighborhood of Captain Chriesman's on the La Bahia road. From W^ashington Baker and Johnson pro- ceeded to Colonel John T. Coles's near Independence, west of Wash- ington, and near the residence of Dr. James R. Miller, the political chief of the Brazos department. After conferring with Colonel Coles. they agreed that the Colonel and Baker should visit Miller and urge him to return to San Felipe de Austin, and resume his duties as chief. Accordingly, the next day they waited upon the chief and made him acquainted with the action of the people of East Texas, and with the unpopularity of Captain Martin, the acting chief of the department. HISTORY OF TEXAS l.?9 Miller, at once, consented to return to the capital of the department, resume his office, and countermand the execution of the writs of arrest. Baker and Johnson then proceeded to Captain Chriesman's, hoping to learn the exact whereabouts of Williamson and Travis and invite them to accompany them to San Felipe de Austin. But Captain Chriesman, although he knew they were in the neighborhctod, could nut designate the exact location, hence Baker and Johnson proceeded to the house of Colonel William Pettus, spent a night with him, and communicated the good news. The next morning Pettus accompanied them to San Felipe. On their arrival they were hailed with joy and cheered. A few hours later, Travis and Williamson arrived in town, and received a like greeting. Thus was the chief bearded in his den ! The next day Miller arrived, resumed his office, and all went well. More particular attention must now be given to the activities of the war party. These consisted chiefly of spreading through the country reports of the progress of centralization in Mexico and of the determination of the government to overwhelm Texas by a mili- tary occupation and expel from the country all who had not fully complied with the colonization regulations. In general, the men from whom these reports were obtained had but recently returned from .Mexico, and were therefore in a better position to guess at the inten- tions of the government with regard to Texas than were those who remained at home. A few extracts from letters and documents of the time will illustrate the character of these reports. James Bowie wrote J. B. Miller on June 22 from Hatch's Planta- tion on the Lavaca : "T have just arrived liere from Matamoras and as all com- munication is cut off between Texas and all other parts of the republic 1 take this opportunity of giving you some information that may be useful to Texas. T left Matamoras on the 12th of the present month. All the vessels in the port were embargoed for the purpose of transporting troops to the coast of Texas. T)ie commandant. Gen. Cos. forbid all foreigners from leaving the city under any circumstances. I run away and succeeded in getting this far safe. Three thousand troops had reached Sal tillo on their way to Texas. All this may or may not be news to you. 1 will be with you in a few days by the of Brazoria." * * * ( )n July 4 J. M. Carbajal wrote Philip Smith : ■'On the 15th (of June) I arrived here in great haste. Things in the interior are in a great confusion. The government and a part if not all of the permanent deputation, etc., are i)ri.soners, because they tried to come to Texas and to be free from the mili- tary intervention of the supreme authorities of this state. Our only hope as well as that of the whole nation depends upon the intrepidity of the free and enlightened and noble resolution of the people of Texas. The liberties which our fathers gave us are now usurped by the military despots; and the rights and privileges of citizenship of those not fortunate enougii to have 140 HISTORY OF TEXAS been born in the republic have been destroyed by the acts of the general congress. Thus goes our political world, the strong man has justice on his side. 1 hope to see you soon." Ben Alilam wrote Johnson from prison at Lampasas on July 5: "The whole of this part of the state has and will support the central government. The interior, from the last information we have, has fallen into the central system, Santa Anna is dictator. The constitution is thrown away, and ridiculed by those who used to call themselves Federal Republicans. "The plan for the dissolution and destruction is laid, and every preparation is making for its execution. In the last ten days 200 troops have left this quarter for San Antonio, and from the best information I can collect 2,000 more will be on their march in a few weeks. Their intention is to gain the friendship or the dif- ferent tribes of Indians, and if possible to get the slaves to revolt. These plans of barbarity and injustice will make a wilderness of Texas, and beggars of its inhabitants, if they do not unite and act with promptitude and decision. If the Federal system is lost in Texas, what will be our situation ? Worse than that of the most degraded slaves. The hopes of the Republican party here are all on Texas. I trust they will not be deceived. The people of Texas will never submit to a dictator." On July 19 J. J. Linn wrote Miller from X'ictoria in De Leon's colony : "The general current of opinion seems to look to you, as may be said, as principal for guidance in the momentous question that now must soon be determined, either b\' putting our necks in the yoke of military despotism, or bravely stand, and defend our just rights, for it is beyond doubt that Santa .Anna is determined to try his fortune by endeavoring to subdue Texas, as he has Zacate- cas, and despoil her also ; it is true that Santa Anna has not de- clared himself openly, but look to the acts of his minions, and particularly the principal one. General Cos. who has imprisoned our governor and some of the members of the assemblv, and holds them, to be tried by a military tribunal, as soon as one can be formed, or as soon as they are sure of the reduction of Texas. General Cos has caused the authorities of Matamoras, Reynosa, Camargo, Mier and Reveillia to declare for a central government, and Santa Anna supreme dictator. As soon as he obtained this, he gave an order for a portion of the militia of each place, but fortunately the people were advised of this and fled their towns, and a great portion of them are in this district; so much for the intentions of Santa Anna, and from all the orders that have come to Goliad, Santa Anna is in Matamoras this day, and will embark as soon as possible all his disposible troops for the Copano, with the exception of 400 for .\nahuac. the latter 1 expect are, or will be landed in a few days : the whole amount of troops will be from four to five hundred, and Bejar is to be the principal depot : the last news that came, which has disturbed the people very much, is that it is the intention of Santa Anna to billet the HISTORY OF TEXAS 141 soldiers on the people, by placing five in each family, in rotation, with the boarding, washing and lodging at the expense of the individuals. Two hundred has actually arrived and is now in Goliad, and will march for Bejar in a few days under the com- mand of Colonel , who is to replace Ugartechea ; the latter, I was informed by the commandant of Goliad, was not considered by Santa Anna a whole hog man, which caused his removal — thus stands the aflfairs, as far as certain information has been made known to me. I have been requested to write to you to state the views of the majority of the people of this district who have come to the resolution that, if they are assisted by the other colonies, to march immediately and take those 200 men, Goliad and Bejar. before any more reinforcements comes: and cut the remainder off in detail. As they have to come in small number, the object can easily be effected, as the situation of the country and the passes affords the greatest advantages for our defence. Let it be no longer said that the land speculations were the prim- ary cause of the arrest of our public authorities, for let any dis- passionate observer look at the letters of Cos, he will see that he had orders to arrest, and had given his orders accordingly to the officers of the different stations, to arrest them so soon as they attempted to move, for. like Zacatecas, Durango and Chihuahua. Texas would not consent to have the militia disbanded, which was the object intended to pave the way to the intentions to Santa Anna's dictatorship with less opposition." Similar reports were published on August 22 and 28 by the com- mittee which drafted the call for a convention, and on August 28 the same committee issued in handbill form the following statement bv Horatio A. Alsberry : "Arriving this dav from Montt-rey, the capital of the state of New Leon, which ])lace I left on the 10th inst. and being re- quested by the chairman of the committee of Safety and Corre- spondence for the jurisdiction of Columbia to detail the informa- tion which I possess in regard to the designs of the Mexican government towards the people of Texas. I make the following statements, for the truth of which 1 stake my reputation, and appeal to time to establish everv fact herein stated : 1 left the state of New Leon on the 10th of this month with a request from our republican friends to say to the citizens of Texas that our only hopes of future libertv and security depended upon our immediately taking steps to oppose the military in their estab- lishing a central government of an arbitrary despotism which is without doubt their intention. * * * "I have frequently conversed with their principal men. civil, military and ecclesiastical, I may say almost daily for years, and particularly since the downfall of Zacatecas. about their in- tentions towards Texas, and I can assure you that this is their intention ; first, to move large numbers of troops, at least thou- sands to Texas * * * 2nd to establish their ports on custom houses: M, I'sing their (iwn language, to burn the houses and 142 HISTORY OF TEXAS drive from the country a number of our principal citizens, which they have, and have had. on a list for a year past^ principally those that were engaged with the soldiers three years since': 4th, put their slaves free and let them loose upon their families, as they exjtress themselves * * * j pledge my life and honor that these statements are correct." At the same time, war party orators were making the most of such rumors and scraps of information as reached them. On July 4 R. M. Williamson published an address to the people of Texas, explaining the motives of the public meeting at San Felipe on June 22 and warn- ing them of the dangers that threatened the country. Williamson recounted the encroachments of Santa Anna upon the constitution, the dissolution of the state government of Coahuila and Texas, the suppression of Zacatecas and other states that opposed Santa .\nna's plan, and dilated at length upon the law abolishing the state militia. "All the states have succumbed to the military, and as Texas is the only spot unconquered, Santa Anna is marching his troops here to compel a submission to the new Government. .\nd the people have to determine whether they also will yield to the power of the dictator. Give up their arms, sufTer their country to be garrisoned with strong militarv posts, and live under the rule and sway of the military. They must do this or they must ' prepare for war; they must submit to the military^ government or they must defend their province and their rights with the sword and the bayonet, and they must do this without delay, for the enemy is fast advancing on our country. "Fellow-Citizens. Let me again assure you that this is the true state of affairs. These the reasons that actuate the general government. The sale of the 400 leagues of land has nothing tn do with the subject. You are justly indignant at that sale, so also am I, so also is the meeting which I represent : but that can and ought to have no weight with the public mind at this time. It is too inconsiderable to be noticed when compared to the im- jjortance of our country, our property, our liberty and our lives, which are involved in the j)resent contest between the states and the military. Two spies from Colonel Ugartechea. stationed at -San .'\ntonio, were arrested at .San Felipe, and in their possession the official correspondence of Ugartechea and General Cos was found. General Cos writes to the commandant at .-\nahuac that the two companies of New Leon, and the Morales Battalion would sail immediately for Texas and that thev would be followed b> another force, which he had solicited the government for, and which he h;id no doubt would be obtained. Colonel Ugartechea says that the business of Texas will be soon regulated, as the government has ordered a large division composed of the troops that were sent against Zacatecas to Texas and which are now at Saltillo ; that force is 3,400 men. "For \yhat, fellow citizens, are they coming? in the name of GOD, say not speculation ; thev are coming to compel you into obedience to the new form of government; to compel you to give HISTORY OF TEXAS 14.S up 3-our arms ; to compel you to have your country garrisoned ; to compel vou to liberate your slaves; to compel you to swear to sup])ort and sustain the government of the dictator; to coin])(l you to submit to the imi)eria] rule of the aristocracy, to ])ay tithes and adoration to the clergy. I-'or these ])ur])oses. fellow citizens. they are coming, and for tliis purpose a party of soldiers, it is said. have alread} landed at Cojiano * * *. Five hundred troops cati so fortify San Antonio as to resist the united attack of all Texas. In that situation they have only to send out their ])arties of men and harass and destroy the country, without ever coming to a pitched battle: they will so annoy and harass the country by continual de])redations and alarms that, wearied out, dispirited ;ind disheartened, the people will gladlv retreat beyond the .Sabint\ When you least expect it they will descend upon you and call you from your fields to battle and before you can rail}', they wih kill and burn and destroy. In the depths of winter they will call you by their depredations to the field, and a thousand attacks and a thousand false alarms will destroy your patience and your property and make your country not worth contending for. IWit. if possible, even worse than all this, you permit an enemy to lie there stationed that will send the Indians continually ujjon you." On the 8th of .August a meeting was held at Lynch's on the .'^an Jacinto, to which Don Lorenzo de Zavala was invited. He did not. attend, on account of indisposition, but addressed a letter to the meeting in which, among other things, he recommended the call of a council or convention of all Texas. Zavala is entitled to the second honor in this res]>ect and John .\. Wharton to the first. De Zavala says : "In the first place. I must say of myself that in this I have W" individual view or motion — that T have occupied in the Mexicm nation the most honorable stations; that I have written a history of the revolutions of the country with such impartiality that i\( n my enemies have acknowledged it the only monument of thr kind worthy of attention. "In the second ])lace, that. ha\ing received from (ien. S:nU.i .\nna the apiiointment of minister plenipotentiary to the court of his majesty the king of France, 1 resigned this charge as soon as I learned that he had dissolved the congress and taken all au- thority into his own hands. Third, th;it having resigned this station, I have come to Texas to establisii myself anions free citizens, to cultivate the lands which 1 had jireviously purchased. "Having made these ])reliminar\ remarks 1 ])roceed to expro- my opinions respecting the nominal Mexican republic. "First. The regulating power in Mexico is the military. Cer- tain generals, at the head of whom Santa .Anna happens now to be placed, and who have under their control from 15,000 to 20,000 hireling soldiers, have destroyed the federal constitution, of which Gen. Santa .\nna. in order to be i)romoted to the presidency of the republic, prrtendcd to be the defender, when, with :i show of 144 HISTORY OF TEXAS patriotism he alleged that it was attacked by General Busta- mente. "Second. The present situation of the Mexican nation is that of the greatest confusion and disorder, because all the constitu tional authorities having ceased, their places have been supplied by military chiefs, who l:now no other law than that of the sword and of violence, by which they have put down the civil authori- ties. The consternation which this has produced among the Mex ican citizens has reduced them to a momentary silence and this silence the military chiefs of Mexico call tranquility, peace and order in the republic. "Third. To pass over the acts of the usurpation committed by General Santa Anna, such as the dissolution of the congress and council — the unconstitutional and violent deposition of the vice president, Farias — the extension of the powers given to the electors to reform the constitution — the destruction of the civic militia — and others of equal magnitude which in the United .States of the North would be sufficient to convict the president of trea- son — the final blow aimed at the institutions in the capital, on the 12th of June, the day on which was declared the destruction of all the state legislatures, an act committed under the auspices and protection of the president, Santa Anna, and of the vice president. Barragan, would of itself be sufficient to destroy all claims to obedience which exist, and which can only continue in virtue of the federal compacts. "Fourth. While in the capital they were thus destroying the institutions and issuing orders to the military commanders of the states that others should be established, the latter published offi- cial notes, swearing in their usual manner that the}- would sus- tain the constitution and laws, and that their only object was to punish certain functionaries who had transgressed them, thus availing themselves of the power of destroying the constitution under the pretext of punishing delinquents. This may be seen from the official notes of General Cos and Colonel Ugartechea, in which they seize upon the inexplicable sale of lands as a pretext to justify the imprisonment of the governor of this state, Viesca. proceeding immediately to put down the legislature and other authorities of the state, with the exception of those only estab- lished in San Felipe and Nacogdoches which were out of the reach of their power. To make up for this. General Cos thought proper to make these authorities dependent upon himself, thn-; making those of popular origin subservient to the military. "Such is the actual relation in which Texas stands to the Mexican republic. I might make conjectures as to the develop ment of this political labyrinth : but I propose to myself to speak only of facts. "The fundamental compact having been dissolved and all the guarantees of the civil and political rights of citizens having been destroyed, it is inevitable that all the states of the confederation are left at liberty to act for themselves, and require Coahuila and HISTORY OK TEXAS 145 Texas to provide for tlieir security and preservation as circum- stances may require. C'oaluiila and Texas formed a state of the republic, and. as one part of this is occupied by an invading force, the free part of it should proceed to organize a power which would restore harmony and establish order and uniformity in all the branches of the public administration, which would be a rally- ing point for the citizens, whose hearts now tremble for liberty ! But as this power can l)e organized onlj' by means of a conven- tion, which should represent the free will of the citizens of Texas, it is my opinion that this step should be taken, and I suggest the 15th day of October as a time sufficient to allow all the depart- ments to send their representatives." This letter was dated at Sloop Point, Texas, August 7th, 1835. The activities of the war party produced little eflfect at first because the people believed that the alarming rumors were being spread by land speculators who hoped in some way to profit by an agitation of the public. This belief has been shown by a number of the docu- ments which have already appeared in this narrative, notably b}^ Williamson's address of July 4. It is more strikingly shown by the following letter written by James Kerr, from Gonzales, on July 5, to Judge T. J. Chambers : "Williams, Johnson, Carbajal, Bowie and others cry, 'wolf, wolf, condemnation, destruction, war, to arms!' Williams says, T have bought a few leagues of land from the government ; but if they don't bring the governor to Bexar, I shall not be able to get my titles.' What a pity; and with his terrible tales I am astonished to see that they have had the cleverness to excite some persons of that colony to a high degree. "In regard to those delinquents against the laws of the coun- try and against honor and morality who were concerned in the illicit buying and selling of the 650 sitios of land in Monclova. there is not, in my opinion, in all the country one single person, with the exception of the interested ones, who would wittingly seek his own ruin in order to save thousands like Williams and the others. But they have been able perhaps to deceive many persons and make them believe that an army is cominfj to destroy their properties and annihilate their rights in Texas. "Carbajal has taken flight to San Felipe. When he passed through my neighborhood he spoke with words full of alarm, but the inhabitants of La Vaca and Navidad are inclined to attend to their ranches and estates, and they say that if the government wishes to seize those criminals and collect the legal duties in its custom houses, it may do so. It is my opinion that if an armed force were sent to Texas it would be very prejudicial and ruinous to the nation. Imagine for a moment the number of officers — to say nothing of the soldiers — who would fall under the fire of the muskets. Nevertheless, a war would inevitably be disastrous for Texas, and what would the nation not lose by it! Imagine it yourself, .some 20,000 or .^0,000 men. What, all that for some ten Mil.. I .10 146 HISTORY 01-' TEXAS rascals who have fraudulently taken from the government and from the towns 650 sitios of land? God forbid such a thing!" Even the peace party, however, was opposed to the military occu- pation of Texas and most of its members were unwilling to sur- render the citizens demanded by Ugartechea and Cos. When it be- came evident, therefore, that the troops would not be withheld from the country nor the demand for the arrests withdrawn, many who were indifferent to the political changes began to think of resistance. The change of public opinion which took place toward the close of August is well shown by an extract from a letter written by Travis to his friend John W. Moore on August 21. Writing from San Felipe he said: "When I returned from your place I found the tories and cowards making a strong effort, and for a time they were but too successful. I was, therefore, disgusted, and wrote you but little as I had nothing to communicate but what I was ashamed of, as a free man and a friend of my country. It is different now, thank God! Principle has triumphed over prejudice, passion, cowardice and slavery. Texas is herself again. The people m the whole upper countrv are unanimous for a convention in which the voice of the people will be freely expressed. * * * A tre- mendous reaction has taken place and the tories are almost as bad off as they were in 1832." The people were already working around to this state of mind, said Travis, when the demand for the arrests completed the revulsion of feeling. .\s we have previouslv seen, on Julv 25 William H. Wharton, W. H. Bynum, W. D. C. Hall, A. Calvit. S'. Whiting, P. Bertrand, W. T. Austin, and W. G. Hill circulated a petition for a meeting at Columbia on July 30 to consider "the importance of having a convention of all Texas, through her representatives, for the purpose of restoring peace and confidence." When this meeting assembled it became apparent to Johnson that the sentiment of a majority was averse to calling the the consultation at that time for fear of interrupting the peace com- mission of Barrett and Gritten,, and to avoid an adverse vote he induced Josiah H. Bell, a leader of the peace party, to use his influence to get an adjournment without action. In adjourning it was agreed that another meeting should take place at Columbia on .\ugust 16. But as their proceedings show, nearly all of the public meetings held during July and early .\ugust strongly urged a general convention, and on .August 9 a printed circular subscribed by 134 citizens was issued from Brazos urging the convention: "We whose names are hereunto subscribed are of opinion that a convention of the people of Texas is best calculated to quiet the present excitement and to promote the general interest of Texas ; we acknowledge the doctrine of 'The Right of Instruc- tion,' and we therefore recommend to our fellow citizens the call of a convention, and we further recommend that the delegates to said convention be instructed, .so that no party may rule, and that the i)eoi)le lie fairly rc|)resented." HISTORY OF TEXAS 147 At the Columbia meeting of August 15 it was resolved, "That a consultation of all Texas through her representatives is indispensable. That a C(jniniittee composed of fifteen persons, lu be called a committee of safety and correspondence for the jurisdic- tion of Columbia be elected and that they be instructed to pre- pare an address to all jurisdictions of Texas requesting them tn co-operate with us in the call of a consultation of all Texas. That the committee communicate with all Texas in the most prompt manner by sending confidential agents to each jurisdiction and that said committee keeji the people correctly advised of all pcdit- ical intelligence of general interest and that they continue to act until displaced by the people or the consultation." The committee of safety and correspondence, under date of .\ugust 20. issued the following address : "The undersigned have been elected by the people of the jur isdiction of Columbia, a committee of safety and correspondence, and have been instructed to address you for the purpose of t)btain ing your co-operation in endeavoring to produce order, confi- dence, and government out of the present deplorable chaos and anarchy. It is unfortunately too true that Centralism with the rapidity of magic, has succeeded our late confederated form of government. Our governor is in captivity and our legislature dispersed by the bayonets of the soldiery. The constitutions which we have sworn to support are thereby trampled under foot — in short we occupy the unenviable attitude of a people whf) have not a shadow of legitimate government. The loss of all confidence at home and abroad is, and will continue to be, the consequence of this state of things. Immigration will entirely cease. The law of the strongest will be the only law that will prevail and nothing but doubt, confusion and violence will over shadow the land. After the most grave and mature deliberation the i)eople of this jurisdiction have conceived that a consultation of all Texas through her representatives is the only devised t)r devisable mode of remedying the above recited evils and have instructed us to urge upon you to unite in bringing about such consultation as speedily as possible. Some persons object to a general consultation on the ground that it is unconstitutional : admitting it unconstitutional we would ask if the constitution authorized the consultations that formed the ])lans of |alai)a and Vera Cruz by which Bustamente and Santa -Anna worked out their elevations; or if it ;iuthorized the late consultations of the city of Toluca and of the hundred other towns which have declared in favor of centralism. A C(jnsultation is more indispen- sable to us than to any other portion of the republic, for since the imprisonment of our governor, the dispersion of our legislature, and the adoption of centralism w^e have no constitutional organ through which to speak. "It is too evident to admit of argununt that tlu' slate of which Texas is a part being recognized as nnc nf tli<' 1 1 iiitr.u-tiiii; parties 148 HISTORY OF TEXAS on forming the constitution, we are not bound by any change of government or infraction of the constitution until our assent is obtained. How is that assent to be arrived at? We contend only bv general consultation, the constitution and all officers under it having perished in the anarchy that at present surrounds — and that unless something is done is likely soon to over- whelm us. "Some seem to imagine that the present difficulties can be quieted by remaining inactive and venting their endless and unavailing curses on the heads of the land speculators, and war party, as they are termed. We profess ourselves as a matter of public policy diametrically opposed to all large monopolies of the l)ublic domain like the late land speculation ; and equally opposed to the principle of any person or party rashly involving us in difficulties against the consent of the majority and we wish a consultation among other things for the purpose of devising some plan to prevent the remainder of our public lands from being trifled away : and also to prevent a few rash individuals from deluging us with all the horrors of a war without our consent, and before we are prepared. Unless some concerted plan of action is determined on in general consultation such involvment is inevitable, for great many believe in the hostile intentions of the government and have sworn to resist with their lives the intro- duction of armed force. Some seem to imagine that everything can be done by neighborhood or colony meetings, suddenly assembled, as suddenly dispersed, and always acting under excite- ment. "W'e would ask if a consultation of all Texas composed of members selected for their wisdom and honesty and their deep interest in the welfare of their country, who would deliberate calmly and in full possession of all the necessary information, we ask would not a body like this be apt to restore order and peace and confidence and would not its acts and its doings be more respected by the government, the people of Texas, and the world than the crude conceptions and rash determinations of 100 or 1.000 hastilv convened meetings? We conceive it anti-republi- can to oppose a consultation. It is tantamount to saying that the people cannot and shall not be trusted with their own afTairs. That their voice shall be stifled and that a /fw shall rule and dictate and lord it over us as is now, and always has been the case in this land of our adoption. What the consultation may do when it meets we cannot venture to predict. Knowing how- ever that it will speak the voice of the majority ; and recognizing the republican principle that the majority are right, on its decis- ions we will fearlessly stake our lives, our fortunes, and our sacred honor. If (which we believe impossible) that majority should require us to yield servile submission to a form of govern- ment or to anything else that would disgrace us as free born men we would not counteract its decision — but would claim the HISTORY UF TEXAS 149 privilege of removing ourselves from a land where such base and abject doctrines prevail. "The only instructions which we would recommend to be given to our representatives is to secure peace if it is to be obtained on constitutional terms, and to prepare for war — if war be inevitable. We herewith send you information for the truth of which we vouch calculated to convince the niosl incredulous that there is every prospect of our being soon invaded, the bare probability of which is certainly sufficient to make any prudent people meet together and provide for their protection. Those who are in favor of peace, as no doubt all of us are, should earn- estly recommend a consultation, for whether the government is hostile or not many Ijeliexe it and will predicate on that belief such acts of violence as will most undoubtedly involve us in war — in short a consultation is the only mode of securing peace promptly and permanently — or of carrying on war efficiently and successfully. "We propose, fellow-citizens, that each jurisdiction elect live individuals, the elections to be ordered and holden by the com- mittees of safety and correspondence, on the 5th October and the consultation to convene in Washington on the 15th of the same month. We propose that each member use every exertion to ascertain the population of his jurisdiction. And we propose and request that each jurisdiction hold public meetings and elect committees to correspond with the committees of all other parts of Texas. In conclusion, fellow-citizens, we trust and implore that all party feeling and violence may be buried in oblivion and that we ma\- go on together in harmonious concert prospering and to prosper. We all have a common interest and are desirous to accomplish a common object — namely the welfare of Texas with which our own is indissolubly identified. We are now trav- elling different roads and devising different plans because we do not understand each other on account of our dispersed and scat- tered settlements, on account of the impossibility of dissemina- ting correct information, and on account of the universal preva- lence of faction, party spirit, rumor, and violence in every corner of the land. With the hope and the belief that you will co-operate with us in bringing about a consultation and that the happiness of all Texas may be promoted by its deliberations we subscribe our- selves your friends and fellow-citizens. Done in the committee room, in the Town of Velasco. on this the 20th of August, 1835. "B. T. Archer, Chairman. "W. H. Bynum, "John A. Wharton. "Henry Smith, "Silas Dinsmore. "\Vm. H. Jack, "I. T. TiNSLEY, "Francis Bingham. "Robert H. Willia.ms. "John Hodge, "P. Bertrand, "Wm. T. .Austin, Secretary." "Warren D. C. Hall. 150 HISTOKV OF TEXAS "The committee of safety and correspondence for the juris- diction of Columbia have no additional information to offer the public, in regard to the present crisis than the statements of indi- viduals who have lately arrived from the interior. Those state- ments would not be made public but the source from which they are derived is unquestionable. We are informed that the idea of flooding Texas with troops has long since been formed, and that Santa Anna has been heard to declare that he would drive every Anglo-American beyond the Sabine. That the plan adopted for the introduction of troops into Texas as formed was this — they were to be introduced in small numbers, so as not to excite the apprehension of the colonists, and for the 'c.v(^rcss fft^^c oi enforcing the revenue laws. And that in accordance with that plan, in addition to the troops now at Bexar, 500 more in the month of May last actually embarked at Tampico for Matagorda, and that after the vessels which were to have transported them had weighed anchor, a courier arrived bringing news of the break- ing out of the revolution in Zacatecas, and that they were disem- barked immediately, and proceeded forthwith to that place to crush the spirit of republicanism in that unfortunate state, — the result of that expedition will never cease to be regretted whilst liberty has a votary. That that plan is now abandoned, and that the present plan is to introduce an ovcn\.'hclming force; and at one blow to prostrate Texas. They boast that they will bring 10,000 soldiers, and that they will be here this fall, or early this winter. The young officers of the army are particularly chivalrous ; and manifest great anxiet\- to flush their maiden swords in the blood of the citizens of Texas." At the beginning of September, just as the committee was launch- ing the campaign for the consultation, or convention, Stephen F. Austin arrived from his long detention in Mexico: and his attitude toward the movement became immediately of great importance. A meeting of some of his friends was held at Brazoria on September 4 to arrange plans for showing him appropriate honor. They decided to entertain him at a public dinner on the 8th, and here, in response to a flattering toast, he made known his views concerning the political situation in Mexico, Santa Anna's intentions toward Texas, and the method of procedure which should be adopted by the Texan s. He said : "1 fully hoped to have found Texas at peace and tranquillity, but regret to find it in commotion, all disorganized, all in anarchy, and threatened with immediate hostilities. This state of things is deeplv to be lamented — it i-'^ a great misfortime, but it is one that has not been produced b) any acts of the people of this country — on the contrary it is the natural and inevitable conse- quence of the revolution that has spread all over Mexico, and of the imprudent and impolitic measures of both the general and state governments, with respect to Texas. The people here are not to blame, and cannot be justly censured, they are farmers. HISTORY OF TEXAS 131 cultivators of the soil, and are pacifick from interests, from occu- pation, and from inclination. They have uniformly endeavored to sustain the constitution and the public peace by pacifick means, and have never deviated from their duty as Mexican citizens. If any acts of imprudence have been committed by individuals they evidently resulted from the revolutionary state of the whole nation, and imprudent and censurable conduct of the state author- ities, and the total want of a local government in Texas. It is indeed a source of surpri.se and creditable congratulation that so few acts of this description have occurred under the peculiar cir- cumstances of the times. It is however, to be remembered that acts of this kind were not the acts of the people, nor is Texas responsible for them. They were, as I before observed, the nat- ural consequence of the revolutionary state of the Mexican nation, and Texas certainly did not originate that revolution, neither have the people, as a people, participated in it. The con- sciences and the hands of the Texans are free from censure, and clean. "The revolution in Mexico is drawing to a close. The object is to change the form of government, destroy the federal consti- tution of 1824, and establish a central or consolidated govern- ment. The states are to be converted into provinces. "Whether the people of Texas ought, or ought not to agree tu this change, and relinquish all, or a part of their constitutional and vested rights under the constitution of 1824, is a question of the most vital importance, one that calls for the deliberate consideration of the people and can only be decided by them fairly convened for that purpose. As a citizen of Texas I have a right to an opinion on so important a matter, I have no other right and pretend to no other. In the report which I consider it my duty to make to my constituents, I intend to give my views on the present situation of the country, and especially as to the constitutional and natural rights of Texas, and will therefore at this time merely touch this matter. "The federal constitution of 1824 is about to be destroyed, the system of government changed, and a central or consolidated one established. Will this act annihilate all the natural rights of Texas, and subject the county to the uncontrolled and unlim- ited dictation of the new government? "This is a subject of the most vital importance. 1 have no doubt the federal constitution will be destroyed, and a central government established, and that the peojilc here will soon be called upon to say whether the)- agree to this change or not. This matter requires the most calm discussion, the most mature deliberation and the most perfect union. How is this to he obtained? I see but one way, and that is by a general consulta- tion of the people by means of deleg.'ites elected for that purjjose, with full powers to give such an answer in the name of Texas to 152 HISTORY OF TEXx\S this question as they may deem best, and to adopt such measures as the tranquillity and salvation of the country require. "My friends I can truly say that no one has been, or now is, more anxious than myself to keep trouble away from this country, no one has been or now is more faithful to his duty as a Mexican citizen, and no one has personally sacrificed or suffered more to discharge this duty. I have uniformly opposed having anything to do with the family political quarrels of the Mexicans. Texas needs peace and a local government; its inhabitants are farmers, the}- need a calm and quiet life. But how can any one remain indifferent when our rights, our all appear to be in jeopardy, and when it is our duty as well as our obligation as good Mexican citizens to express our opinions on the present state of things, and to represent our situation to the government? It is impos- sible. The crisis is certainly such as to bring it home to the judgment of every man that something must be done and that without delay. The question will perhaps be asked, what are we to do? I have already indicated my opinion. Let all person- alities, or divisions, or excitements, or passion, or violence be ban- ished from amongst us. Let a general consultation of the people of Texas be convened as speedily as possible, to be composed of the best, and most calm, and intelligent, and firm men in the country, and let them decide what representations ought to be made to the general government, and what ought to be done in the future. "With these explanatory remarks, I will give as a toast: The constitutional rights and security and peace of Texas, they ought to be maintained ; and jeopardized as they now are, they demand a genera! consultation of the people.'' The arrival of Colonel Austin at this critical period of the afYairs of Texas was alike timely and fortunate. Four days after the ban- quet at Brazoria a public meeting was held at San Felipe (September 12). This resolved to support the constitution of 1824, recommended a consultation and appointed a committee of vigilance and safety to "order and superintend the election for delegates of this jurisdiction, and to correspond with the committees of the other jurisdictions." Those appointed upon this committee were Wily Martin, Randall Jones, William Pettus, Gail Borden, Jr., and Stephen F. Austin. But Austin assumed by common consent entire direction of the work of the committee, and turned all efTorts for a time toward assuring the success of the consultation. The way was already prepared for the convention, and nothing was needed but Austin's endorsement to remove any hesitation that still existed in the minds of the conservatives concerning its wisdom. Several things occurred, however, to cause confusion before the dele- gates were elected and assembled. The first was uncertainty as to the place of meeting. The Columbia committee had suggested Washing- ton on the Brazos in its call for the convention, but the San Felipe HISTORY OK TEXAS 15,> meeting of September 12 sulistituled San Felipe as the place of meet- ing. Some municipalities now elected delegates to meet at one place and some at the other, and when the day of meeting arrived there were some members at both places, which helped to prevent the gath- ering of a quorum at either place. Some of the East Texas munici- palities recommended the election of seven representatives instead of five from each electoral district, and this was later approved by the Columbia committee, but there was not sufficient time before the elec- tion to issue notice of the change. Finally, before the elections were held war had already begun. In some districts the polls were opened earlier than October 5, the day originally set for the election, and this gave occasion for irregularities which led to some vigorous protests from defeated candidates. A more important result of the outbreak of hostilities, however, was the fact that many of the members elect Joined the army, and thereby delayed the meeting of the assembly. CHAPTER XIII BATTLE OF GONZALES Austin, by his great popularity and influence, gave renewed impulse to the revolutionary correspondence of the committees throughout Texas. On the 13th of September the San Felipe com- mittee issued a circular. Among the recommendations was one regarding the rights of the Indians. The conciliation of the Indians was a matter of great importance to the people not only of East Texas, but of the whole country, for there were at that time more than 1,000 warriors of the different tribes that had emigrated from the United States. They almost surrounded the frontier of East Texas. The assurance later given them that they should not be disturbed in their possessions had the eiTect to keep them quiet. Other purposes of the circular were to reinforce the arguments already advanced for the meeting of a consultation and to make suggestions concerning elec- tions. On the 19th, the committee having received positive information that General Cos with 500 troops destined for San Antonio de Bexar had landed at Copano (not Matagorda as stated by Yoakum) about the 15th, issued the following circular: "Information of the most important and decisive character has just been received from Bexar from unquestionable authority, which in the opinion of this committee calls for the prompt atten- tion of the people. The substance of this information is that General Cos was expected at Bexar on the 16th of this month with more troops ; that he intended to make an immediate attack on the colonies ; that there was a plan to try and foment division and discord among the people, so as to use one part against the other and prevent preparation: and that the real object is to break up foreign settlements in Texas. This committee have no doubt of the correctness of this information, and therefore rec- ommend, "That the people should maintain the position taken by them at the primary meetings, to insist on their rights under the fed- eral constitution of 1824 and of the law of 7th of May of that year, and union with the Mexican confederation. "That every district should send members to the general con- sultation with full powers to do whatever may be necessary for the good of the country. "That every district ought to organize its militia, where it is not already done ; and have frequent musters ; and that the cap- tains of companies make a return without dela)- to the chief of this department of the force of his company, the arms, and ammu- nition in order that he may lay the same before the general con- sultation of Texas. \''olunteer companies are also recommended. "This committee deems it to be their duty to say that in its opinion, all kinds of conciliatorv measures with General Cos and 154 HISTORY OF TEXAS 135 the military at Bexar are hopeless, and that iKJlhing but the ruin of Texas can be expected from any such measures. They have already and very properly been resorted to without effect. "War is our only resource. There is no other remedy but to defend our rights, our selves, and our country by force of arms. To do this we must unite, and in order to unite, the delegates of the people must meet in general consultation and organize a system of defense, and give organization to the country so as tn produce concert. Until some compact authority is established to direct, all that can be done is to recommend this subject to the people; and advise every man in Tex;is to prepare for \\'.-\R, and lay aside all hope of cc>nciliation. "S. F. Austin." The further activities of .-Xustin in organizing the people for resist- ance and guiding their early movements ;ire disclosed by the circulars issued from the committee : "San In'lipe de .\u>tin. Sej)!. 21. 1K.?3. "Gentlemen : "I received the information last night of the expedition that is raising to march on to Labaca. and without delay have sent expresses to Harrisburg, and the upper country with copies of the paper which 1 enclose for your information. Frank Johnson starts tomorrow for Nacogdoches ; I have requested them in that country to raise all the men they can and march on without delay. There must now be no half way measures — war in full. The sword is drawn and the .scabbard must be put on one side until the military are all driven out of Texas. I presume you have received the circular from the committee of this place, dated the 19th inst. : Mr. Brigham took it down. It was written in conse- quence of information received from Bexar which was of so decisive a character that the committee deemed it a duty to take a clear and unequivocal ])osition at once and to let the country know its opinion. I am happy to .say that in this quarter and in the upper country so far as I have heard all are united, and all are for tt'or,- I hope you will inform me of what is done so that there may be as much concert as possible. You will see by the enclosed that a corps of reserve is proposed. This was done because I expect that some will come on from Trinity and some from Bevil's settlement who cannot be in time for the advance, and it was necessary to give them some center to report to, so as to receive direction and organization. Until there is some head or order, we must all try to labor in concert, .so as to support each other's movements as much as distances and circumstances will permit. I will remain here for a while, or go on to Labaca, as may be deemed most advisable. 1 seek no command and wish none, but am ready to do all I can to unite opinion. 1 go into the war cheerfully, and with very different feelings from what I had in any of our past difficulties ; we are now right ; our basis is sound and just, and will be so declared bv an impartial world; 156 HISTORY OF TEXAS we are defending (jiir constitutional rights against military usurp- ation. "I hope you will communicate your opinions to me fully and frankly. "Yours respectfullv, •'S. F. Austin." "To the Committee of Safety, etc.. of Columbia: "Information was received last night by express that General Cos landed at Copano with 400 men, arms, and ammunition. ■'An expedition is raising in the lower country to take the field at once. They are called upon to rendezvous at League's old place on the Colorado on the 28th of this month. "Every man in Texas is called upon to take up arms in defence of his country and his rights. Those who can join the expedition on the 28th are requested to do so ! or they can join it at James Kerr's on the La Vaca, which will be the principal ren- dezvous. "A corps of reserve will be formed to march on and sustain the advance. Those who cannot join the advance are requested to unite with the reserve and report themselves to the committee of safety in this place. "It is expected that each man will supply himself with provis- ions, arms and ammunition to march w-ith. "Arrangements will be made for permanent supplies as soon as possible. "S. F. Austin, Chairman of the Committee. "September 22nd. 1835." The portentous cloud of war thickens. Active operations com- mence. A cannon had been furnished b}- the authorities of Bexar to the people of Gonzales to defend themselves against Indian depre- dations. This they retained, and claimed as a gift, while the military declared that it was only intended as a loan. To carry out the plan of disarming the citizens of the nation. Colonel LIgartechea disjiatched an order for the gun. The citizens refused to give it up. This refusal being reported to Colonel Ugartechea, he dispatched a cavalry force of some hundred men, under Lieutenant Castafieda, to demand the delivery of the gun, instructing him first to send a demand to the alcalde for the gun. and if this was refused to employ force. Lieuten- ant Castafieda halted on the west bank of the Guadalupe River, and sent over to Gonzales and demanded the delivery of the gun. The committee of safety and correspondence for the jurisdiction of Gon- zales, dispatched a courier to the settlements on the Colorado for aid. A body of Texans had been organized to march to Copano and inter- cept Cos, but this news caused them to turn their steps to Gonzales. For a full and detailed account of the proceedings and of the battle of Gonzales, the following was furnished to F. W. Johnson h\ a par- ticipant, Charles Mason : "In the latter part of September. 1835, a file of Mexican cav- alry under command of a non-commissioned officer, arrived and HISTORY OF TEXAS 157 encamped near the residence of Mrs. Sarah De Witt, widow of Empresario Green De Witt, with orders from the political chief of the department of Bexar, and Colonel Ugartechea, the com- manding ofificer at San Antonio, demanding of the alcalde, Andrew Ponton, Esq., the highest civil officer of the municipality of Gonzales, a brass six-pounder field piece of artillery, which had been turned over to Colonel Green De Witt for the protection of his colony. The people at once assembled and promised the alcalde their warm support should he decline to give up the gun. Whereupon he addressed a note to the political chief, at San .Antonio, that he could not comply with the demand, unless ordered to do so by the political chief of the department of the Brazos, which note was dispatched to San Antonio by the ser- geant, simultaneous with runners — Matthew Caldwell to Bastroj) and to Col. J. H. ]\Ioore's neighborhood, lower down on the Colorado, calling on the people of those places to spread the alarm ; and to send immediately as many armed men as prac- ticable to the assistance of Gonzales. A company was at once organized by electing Albert C. Martin captain (graduate of Cap- tain Partridge's military school in Connecticut), and W. W. .\rrington, Charles Mason, and Jesse McCoy, lieutenants, with about 100 non-commissioned (ifficcrs and privates, from 60 down to 15 years of age. About tin- third day circumstances induced the belief that reinforcements would be sent to the Mexicans, so it was determined to endeavor to capture the squad of cavalry before assistance could reach them, and to prevent their sending information to San Antonio. Consetjuently, Lieutenants .Erring- ton, Mason and McCoy, with John Martin (known better as "Bitnose" Martin") crossed the river and proceeded to their camp, near Mrs. De Witt's residence, and found them with their arms stacked around a tree. On a demand to surrender, they endeav- oured to seize their arms, but JMartin leveled his Kentucky rifle, and would, had he not been prevented, have killed the foremost. .Efter taking possession of the arms, they were assured that no harm was intended ; yet, it was with some apparent distrust they surrendered. One being sent after their horses, on reaching them mounted, as supposed the fleetest, and took the road tf) San Antonif) at half speed, the others were taken to town and treated as prisoners of war. Knowing the soldier who had been sent for the horses would cause reinforcements to be sent. Lieutenant Jesse McCoy, Graves, Fulcher, and Littleton Tomlinson, were sent as spies toward San .Antonio to kee]) a look out and give timely information and prevent surprise. There was no disap pointment. In about four days, the spies returned and reported that 180 or 200 cavalry (commanded by Lieutenant-Colonel Arci- neago) were on their march to Gonzales. At this time there were but eighteen men in Gonzales. A temporary breastwork was erected iust below the ferry, and the boat secreted in a bavou above. In a short time their van appeared, hailed, and desired to be set across the river, The^• wore informed th.nt thev could 158 HISTORY OF TEXAS not cross. If they had dispatches, one of the men could swim over unmounted, which was done. The dispatch, on being read by one of the company, was found to contain an order on the alcalde for the cannon, and, instructions to the ofificer who bore it, if the cannon was not delivered voluntarily to take it by force. The answer to this was 'come and take it.' The contents of this reply being communicated to the officer, Lieutenant Castafieda. he denied having orders to fight. He was then informed that the alcalde was out of town, and would not be in before morning, to cause further delay. The same or following day. Col. J. H. Moore, of Fayette, Edward Burleson, and Capt. R. M. Coleman, and J. W. E. Wallace, of Columbus, arrived from the Colorado with 60 or 80 men, which increased the force to about 180 men and boys. During the delay in getting assistance from the Colo- rado and Brazos, our spies. Graves and Fulcher and an Indian (Shawnee or Cherokee) kept Captain Martin informed of every movement of the Mexicans. The Indian swimming the river at night and recrossing (and as he disappeared on the arrival of assist- ance, no doubt but he was employed by the Mexicans). "At this time, the Mexicans at night took position on the mound, and during the day near the timber on the river. "The number of men now required a reorganization. An election being held, J. H. Moore was chosen colonel, J. W. E. Wallace, lieutenant-colonel, and Edward Burleson, major. After several feints as though they intended to cross the river, ascer- taining our number ; for the purpose of greater safety, or to await reinforcements, the Mexican commander removed his encampment seven miles up the river Guadalupe, to the Williams place. Colonels Moore, Wallace, and the officers were very active in making preparations to attack them at that point. The field piece in dispute was hastily mounted on a pair of cart wheels procured for the occasion by Valentine Bennett, afterwards quar- termaster. Slugs were forged for the gun, and lances for a com- pany by , who labored incessantly, without the expectation of paw Every preparation that could be made being ready at 8 o'clock P. M.. orders were given to cross the river, and rendezvous at the residence of Mrs. De Witt, who with her family had removed to Gonzales at the request of the returning spies. At 12 or 1 o'clock the whole force were mustered to listen to a patriotic address, and a fervent appeal to the God of battles, in its behalf and for its success, by the Reverend Doctor Smith, as chaplain. The little army, full of hope and high in spirit, took up the line of march, through a dense fog, for the enemy's camp: calculating to surprise him. but was prevented by the continued barking of a dog that had followed, causing the vanguard to be fired upon by the enemy's picket-guard. "Orders were then given to take position in the edge of the timbered bottom and remain until daylight. After sunrise the fog was still so thick that a person could not be distinguished 100 vards. .About the time f)rders were given to move, the sound of a horse's HISTORY OF TEXAS 159 feet were heard approaching at fast speed, and a voice calhng out 'Don't shoot, don't shoot ! !' which turned out to be a Doctor Smithers, who said he had been pressed into service to act as sur- geon to the command at San Antonio, with orders to say that Lieu- tenant Castafieda had sent him to inform Colonel Moore that he had no orders to tight. A council was held, and it was decided that the Mexicans should surrender at diseretio)i or fight ; and, Smithers dis- patched to communicate the fact to his commander. The Mexican again returned Smithers to inform Colonel Moore that he desired an interview, which was agreed to. The fog having cleared away, the Mexican cavalry were seen posted in a triangle on the brow of a hill, about 400 yards distant, with their bright arms glittering in the sun. Colonel Wallace, taking with him Lieutenant Mason, proceeded to the half way ground, where, after some moments, he discovered Lieutenant Castafieda, who was informed by Colonel Wallace that as he had refused t(j surrender, we would fire upon him as soon as both parties reached their respective commands ; after which, a wave of the colonel's hand caused a match to be applied, and the Mexican officer and his command received the first shot fired in the Texas revolution for the constitution of 1824. A second round found them about-faced, making a precipitate retreat toward> San Antonio. It is but just to say that mong those who were engaged actively in the foregoing drama were Governor E. M. Pease, Vice President Edw. Burleson, Col. Amasa Turner, afterwards of the regular army, Col. J. C. Neill, who were conspicuous on the field of San Jacinto on the 20th and 21st April, 1836, and in the councils of the Republic and State of Texas, and many who at this late day cannot be remembered." The ladies, always patriotic, rendered every aid in their department to forward operations. The comi)any flag, made and presented to Cap- tain Martin's Gonzales com])any by them, was a white ground with a black cannon in the center, and the motto "Come and take it !" above and below. The news of the defeat reached San Antonio on the 4th of CJctober, when Colonel Ugartechea, as an old friend of Colonel Austin, addressed him a letter in which he reviewed the events af the past few months, declared that the government had nothing but the most benevolent inten- tions toward Texas, and attributed to the land speculators the alarming rumors that had excited the people. Hut the agitators must be sur- rendered to the authorities, and the cannon must be returned to San .Antonio. The government could not recede from its demand in these two particulars without loss of dignity. He had ordered Castafieda to retire from Gonzales, he said, in order to await an answer from the political chief of the department of the Brazos to the request for the cannon. The colonists in arms at Gonzales supposed that Castafieda had retired through fear, and had followed and attacked him. "A report was made to me of that event, and that, besides the citi- zens of Gonzales, 300 men from San Felipe had collected and as I did not wi.sh to .see his small force compromitted, I ordered it to with- draw, and 'ihall march tunmrrow. with the knowledge of the Com- 160 HISTORY OF TEXAS mandant General, with a force of every description of arms, suffi- cient to prove that the Mexicans can never suffer themselves to be insulted. "There are in the colony some individuals who. like yourself, know me to be frank in my proceedings, and also that I possess the character and energy characteristic of my country. I may therefore assure you that if you make use of your influence with the political chief to have the gun delivered up to me, wherever it may meet me — from that spot I will return immediately ; if it is not delivered I will act militarily, and the consequences will be a war declared by the colonists, which shall be maintained by the Government of the Nation with corresponding dignity. * * * "I am convinced of your good sentiments in favor of your adopted country, notwithstanding your sufferings, and have no doubt that in favor of that country you will continue to make fresh sacri- fices and co-operate effectively in removing the evils which threaten, for which important j)urpose you may reckon upon me for the use of my influence with the Supreme Government and with the Com- mandant General, and I can assure you, if peace should be sincerely established and unalterably so, the introduction of troops into the departments will be dispensed with. I am your friend : likewise a friend to the colonists ; if I have been sometimes obliged to fight with them, it was in absolute fulfillment of my duty, but in person- alities I have always treated them as a gentleman should, both before and after fighting with them. I have observed the same conduct with as manv as have entered into this city, where they still remain, notwithstanding they have not behaved well in Gonzales towards the Mexicans." This engagement at Gonzales did nuich to unite the people and end their hesitation. Resistance had now become an accomplished fact and the question was no longer debated. The volunteers who had been on the march to intercept Cos at Copano. but who turned aside to Gonzales when they heard of trouble brewing there, persuaded William H. Whar- ton, who was one of their number, to return to Brazoria and take advan- tage of the occasion to stimulate the excitement of the people. In the performance of this mission Wharton made liberal use of the printing press at Brazoria. On October 3 he issued a broadside headed : Freemen of Texas To .^rms ! ! ! To ./Xrms ! ! ! Now's the day, and Now's the hour ! In this circular he included a letter dated "Camp of the Volunteers, Fridav night. II o'clock. October 2. 18.35." and siened bv David Ran- dom, William J. Rrvant. J. W. Fannin. Tr.. F. T. Wells. George .Suther- land. B. T. .A.rcher,'W. D. C. Hall. W. H. Jack. William T. .Austin, and P. D. McNeel. It was addressed to their "Fellow-citizens" and urged them to repair in all haste to Gonzales "armed and equipped for war even to the knife." To this Wharton added a letter from John H. Moore, written from Gonzales on October 1 and giving conditions there up to that time. The circular closed witli tin- following letter from Wharton himself: HISTORY OF TEXAS 161 "Fellow-Citizens : "In accordance with the request of the Volunteers, I proceed to inform you that I parted with them at midnight, on Friday last under march to join their countrymen at (ionzales. They were to a man in excellent health, and spirits. It is now ascertained that Gen. Cos is in La Bahia. It is said that he has with him 800 pair of IRON HOBRLFS for our benefit. If Texas will turn out promptly, he will be the first man to wear a pair of his own hobbles. In the language of the caption of this article 'now's the day and now's the hour.' Five hundred men can do more now than 5,000 six months hence. San .Antonio can be .starved into a surrender in ten days, if there are volunteers enough to surround the town and cut off their supplies. The inhabitants seldom raise enough for their own consumption, and 800 troops being thrown upon them, has brought the place to the door of starvation. Bread is out of the question with them, and lhe\ have no hopes of obtaining meat, except eating their horses or pillaging from the colonists. The volunteers are determined never to return until San Antonio ha> fallen and every soldier of the Central Government has been killed or driven out of Texas. One great object of the volunteers is to intercept Cos between La Bahia and San .\ntonio. .\fter this, if enough of our countrymen assemble, they will take San Antonio by storm— if not they will surround the place — cut off their supplies and starve them into a surrender. Let all who can turn out, and that immediately — Let no one say that bu.siness detains him ; for what business can be so important as to crush the enemy at once, and thereby put an end forever, or at least for some time to come to this unholy attempt to bring us under the yoke of Military Des- potism, or to expel us from the country. If St. Antonio is not taken, it will be a rallying jxiini where they will in a few months con- centrate thousands of troojjs. If it is taken they will have no foot- hold among us, and the power of the nation cannot re-establish one. I'Vllow-citizens : there are many fighting our battles more from sym- pathy, and from a detestation of opjiression than from any great pecuniary interest they have in the country. These generous indi- viduals should be sustained and encouraged in their magnanimous efforts to render us a service. .Arrangements are making in Bra- zoria and Matagorda to send them sui)i>lies of Provisions and Am- munition, etc. Columbia and San Felipe ought to, and I have nf) doubt will do the same. If sub.scription papers are started, the people will liberally contribute. Let me again implore you to turn out promptly and universally and repair to Gonzales. In this case we will con(|uer, and that suddenlv. Ours is no rebellious or revo- lutionary or voluntary warfare. It has been forced upon us. Jus- tice, liberty, the constitution, and the god of battles are on our side, and the proud and im|ierious Dictator, Santa .Anna, will be made to feel and know from blood bought experience that a people who have adopted the motto of their ancestors, 'Liberty or Death,' will crush and laugh to scorn his tyrannic attempt to enslave them. This campaign will but little interfere with the Consultation which i- trul> \iit.. I n 162 HISTORY OF TEXAS indispensable to us at present. If the war is over tliey will assemble at the place appointed ; if not, let the members equip themselves for battle, repair to the camp and in a short time they may enjoy the proud satisfaction of holding the Consultation within the walls of San Antonio. I will leave Brazoria for the camp at Gonzales on to-morrow and would be glad that as many as could equip themselves hv that time would bear me company. Those who cannot be ready to-morrow should continue to prepare. Their services will be valu- able, if they can join us even ten or fifteen days hence. I feel every confidence that there will be within a few days upward of 800 American Volunteers at Gonzales. "Wm. H. Wharton." "Brazoria, October 3, 1835." At the same time Austin, likewise, was using the Gonzales aflfair to effect organization. He dispatched Mosely Baker and F. W. Johnson to East Texas to urge the volunteers of that section to march westward, and addressed a stirring circular to the committee of Nacogdoches : "San Felipe de Austin, October 4. 1835. "War is declared against militarv despotism. Public opinion has proclaimed it with one imited voice. The campaign has opened. The military at Bexar has advanced upon Gonzales. General Cos has arrived and threatens to overrun the country. "But one spirit, one common purpose, animates every one in this department, which is to take Bexar, and drive all the military out of Texas before the campaign closes. "There are about 300 volunteers at Gonzales at this time, and there will be upwards of 500 in a few days. "It is confidently believed in this quarter, that the people of the department of Nacogdoches will turn out, and join the Army of the People now in the field, and facing the enemy. "Arms and ammunition are needed : we have more men than guns. Could not some muskets be procured from the other side of the Sabine? * * * A few wagon loads of muskets and fixed ammunition would be of the utmost service at this time. Could not volunteers also be had from the United States? * ♦ ♦ Those who now step forward, may confidently expect that Texas will reward their services. "That distinguished and virtuous patriot, Don Lorenzo de Zavala, * * * has just arrived from his residence on San Jacinto, and is now here, at the house of the chairman of this committee, * * * He also approves very much of the position they have taken against militarv despotism, and of the circular of this committee of the 19th uit. "This committee relies on you to forward copies of this com- munication to San Augustine and the other committees in that quar- ter, and also to send the enclosed papers (circulars of this committee, of the 19th ult. and 3d inst. and public proceedings of other com- mittees) to .some ]>rinter in the United States for jniblication, in HISTORY OF TEXAS 163 order that the public may be generally informed of the present state of affairs in Texas. "An express has been sent to San Jacinto and Trinity. It would, however, be important for that committee to communicate with the people of Trinity, and of Bevil's settlement, as it inspires confidence to know that the whole country is acting in union, and with one and the same spirit and purpose. This, as I before observed, is to take Bexar, and drive the military out of Texas before the campaign closes. "Respectfully, your obedient servant, "S. F. Austin, Chairman of the .Coynmittec." .\s a temporary head was required to give direction to these hasty measures and movements, the Central Committee at San Felipe proposed that one member from each committee of safety should be appointed to repair to San Felipe de Austin without delay, and form a permanent council. The proposition was accepted, and a council organized, of which R. R. Royal was elected president. This plan was suggested to the committee by Colonel Austin, who was regarded as a natural chief and who was looked to for orders and advice. We will now return to the Texas army at Gonzales. There were several aspirants for the command of the army, but they were unsolicited. Austin was requested to repair to Gonzales. On his arrival at that place, he was elected commander-in-chief ; Edward Burleson was elected colonel of the first regiment. Before Colonel .\ustin arrived at Gonzales, it had been determined by the volunteers to capture Bexar and Goliad. On the 12th of October, the army took up the line of march for Bexar, crossed the Guadalupe River and encamped on its west bank. Before leaving Gonzales, how- ever, it was decided by a public meeting in that place to request the Con- sultation to adjourn until the 1st of November, as there were many of the members-elect in the army, and the others were at that time invited by General Austin to join the army and assist in taking Bexar. A detachment of 100 men had been sent to Victoria under the com- mand of Major Ben. F. Smith and Captain .Mley. In the meantime Capt. George CoUinsworth, with some forty or fifty of the citizens of Caney and Matagorda marched upon Goliad. The advance reached the San .Antonio River at a late hour of the night on the 9th of October. Scouts were sent forward to reconnoiter ; the others halted and waited the arrival of the main force. The scouts, on their return, found Col. Benjamin R. Milam, who escaped from Monterey, where he had been held a prisoner since his arrest with Governor Viesca. Having jjarticipated in the war of Mexican independence he had acquaintances and friends in Monterey. He was allowed by his guards to go to the river and bathe whenever he chose to do so. He prepared to escape ; his friends assisting and furnishing him with provisions. When his arrangements were completed, on a dark night, he escaped his guards, and made his way, by unfrequented paths, to the Rio Grande. He traveled day and night until he crossed the San .Antonio River in the neighborhood of Goliad. Greatlv worn down from loss of sleep and 164 HISTORY OF TEXAS fatigue, he threw liimself down in a nicsq^iiie thicitores of a value estimated at $10,000. together with several pieces of cannon and 300 stand of small arms, which were greatly needed by the Texans. The capture of Goliad also cut the communication with Copano. the nearest port through which General Cos received supplies and reinforcements. A laconic report of this affair written bv Captain Collinsworth at 8 o'clock of the morning after reads as follows: "I arrived here last night at 11 o'clock and marched into the fort by forcing tlie church dof)rs. and after a small fight they sur- rendered, with three officers and twenty-one •soldiers, together with three wounded and one killed. I had one of my men wounded in the shoulder. Thev have dispatched couriers for troops to several points, and expect I shall need your aid : there are plenty of ])ublic horses near here, but I have not sufficient force to send after them and protect myself. Come as speedily as jiossiblc." A somewhat fuller account, written on the 11th bv Ira Ingram to the Matagorda committee of safety, was published in the Texas Repub- lican of October 24. He says : "We mustered at Captain Hatche's on the evening of the 6th inst.. and elected G. M. Collinsworth Captain. I. W. Moore First, and I"). C. Collinsworth .Second Lieutenant. On the 7tb we proceeded to Guadalupe \''ictoria. were cordiallv received, and there rested until the 9th. We were fift\-two strong, at 12 we had effected a crossing of the Guadalupe, and taken up the line of march for this place. We reached the crossing of the San .Antonio River, one mile below the town, about 10 at night, sent a deputation of Juan Antonio Padilla (who had joined us a little this side of La Vaca) Benj. R. Milam (whom we found encamped on the east bank of the San -Antonio") P. Dimmit and Doctor F.rwin to demand of the civil HISTORY UF TEXAS 165 authorities a surrender of the town. Abuul 11 Doctor Erwin re- turned, and informed us that we had to fight. We then proceeded along the bank of the river, until we came between this and the quartel. The plan of attack was here communicated and the force disposed of accordingly. The plan was executed with utmost suc- cess. All conducted well. It would be extraordinary indeed if among fifty odd men, nearly all untried, tliere should not be some dilTerence of conduct in a first engagement. The attack was made by storm, and in thirty minutes the quartel was ours. "Captain Collinsworth merits the highest jiraise — the other officers merit also the confidence of every man. The fruits of this enter- prise are twenty-one prisoner.s — four officers, one colonel conuuand- ant. one captain, two lieutenants — and nineteen privates: a consid erable quantity of arm.s — two brass field pieces. 150 or 200 stand of muskets, and a small quantity of ammunition, how nuich, we do not exactly know, enough however to defend this ])lace with, against the force of Cos and Ugartechea. "We are informed that there are several hundred horses in the public cavayard both below and above on the river ; but as yet. or till 12 to-day, our force has been too small to detach a suflkient number of men to reconnoitre and l)ring theiu in. Between 12 and 1 o'clock, Alley and R. Smith, arrived with 111 men. and .since 1 commenced this page. Ca])tain Westover from the mission on the Nueces arrived with fifteen men. so that we now have 180 in all. Smith and Alley inform us that there was 300 at Gonzales when they left — and they say the force is no doubt augmented there by this time to 400 — we are now in readiness for active and combined operations. Twent\- days will be apt to close the military career of Cos in Texas. "To return to the action of ilu- ''th here, the enemy report three killed -seven wounded — we have one wounded, but badly — he will, however, probably recover. He is wounded in the slioulder — his name is \icCullough from the La Vaca. "The colonel con^mandant. ciptain, and first lieutenant were dis- patched yesterday, under a strong guard, to San Felipe; the other officer and lieutenant are among the wounded. Tlie other jiersons are not yet disposed of. "It is but justifiable to notice ])articularly. for reasons well under- stood, the part taken and acted in the cajjture of these works, by 1'. Dimmit. During the action, no man could have behaved belter oi- more bravely: and since his usefulness has been obvious to every man present. "So .short a time has elapsed since the arrival of Alley. Smith and Westover, that no plan is yet formed for the government of our future movements. Of one thing, however, 1 feel at liberty to assure you : that we shall act. and that ([uickly. l-'xpresses are exjjected tonight ; these will decide our arrangements. "Colonel Milam, who is direct from Monclova, informs us. thai Zacatecas is u]) and arming, resolved on one niore desperate struggle 166 HISTORY OF TEXAS for her rights. All here are in good spirits and think themselves enough to make short work of the balance of our undertaking." Goliad remained in the hands of the Texans from this time until March, 1836, when it was abandoned by Colonel Fannin. The supplies captured here were of great value to the volunteers during the early part of the campaign of 1835. General Austin, with the main army, took up the line of march west- ward, and halted at Salado, where he took up a strong position, to await reinforcements — his force at the time not exceeding ,^00 men. While here the Texans had several skirmishes with Cos's troops, in all of which the latter were worsted. A number of the members-elect of the con- sultation joind the army at this place. A number of troops also, from East Texas joined the army. Austin, impatient of longer delay, pre- pared to move. However, before doing so, the question of whether the members of the consultation should remain with the army or return to San Felipe de Austin and organize a provisional government was sub- mitted to a vote of the army and it was decided almost unanimously that they should return and organize a provisional government for Texas. It had become apparent that Bexar could not be taken by assault without a great sacrifice of life ; for since the capture of Goliad, Cos, who had arrived on October 9, had lost no time in strengthening and fortifying the town preparatory to a siege. He had refused to receive a flag from General Austin, notifying him that if a flag was sent he would fire on it. The army left Salado and marched to Mission Espada on the San Antonio River, some eight or ten miles below San Antonio de Bexar. General Austin, desiring a position nearer the town, dispatched two com- panies commanded by Capt. James W. Fannin. Jr. and Andrew Briscoe, all subject to the orders of Col. James Bowie with orders to examine the missions above and select a good position for an encampment. On the 27th of October, in compliance with their orders they set out, and after examining the missions San Juan and San Jose they proceeded to Mission La Purissima Concepcion, where they selected a spot some 500 yards above the mission, in a bend of the river. In front, there was an almost level prairie with a few mesquite trees, which extended into the bend. The bend, which was skirted with timber, fonned two sides of a triangle of nearly equal extent. Within the bend there was a bottom 50 or 100 yards wide and from six to ten feet below the plain in front, with an almost perpendicular bluff. The command was posted along the skirt of timbers on either side of the triangle. It was naturallv a strong position, the timber and river being in the rear, with the bluff a natural parapet, to fall behind. Here the detachment lay on their arms all night, having first put out a picket guard. .•Ml passed oflf quietly during the night, but in taking a position and remaining there all night, the detach- ment acted contrary to instructions, as will be seen bv the following order : "Headquarters, Mission Espada, October 27, 1835. "Col. James Bowie, Volunteer Aid : "You will proceed with the first division of Captain Fannin's company and others attached to that division and select the best and most secure position that can be had on the river, as near Bexar as HISTORY OF TEXAS 167 practicable, to encamp the army to-night — keeping in view in the selection of this position pasturage and the security of the horses and the army from, night attacks of the enemy. "You will also reconnoitcr. so far as time and circumstances will permit, the situation of the outskirts of the town and the approaches to it, whether the houses have been destroyed on the outside, so as to leave every approach exposed to the raking of cannon. "You will make your report with as little dcla\ as possible, SO AS TO GIVE TIME TO THE ARMY TO MARCH AND TAKE UP ITS POSITION BEFORE NIGHT. Should you be attacked by a large force, send expresses immediately with the particulars. "S. F. Austin. "By Order, P. VV. Gray.son, Aidc-de-Camp." While they were in this position, on the morning of the 28th, a des- perate engagement was fought with a detachment of the Mexican force from Bexar. It is fully described in the official report to General Austin, which follows : "Dear Sir: In conformity with your order of the 27th inst., we proceeded with the division composed of ninety-two men, rank and file, under our joint command, to examine the Missions above Espada, and select the most eligible situation near Bejar, for the encampment of the main army of Texas. After carefully examin- ing that of San Jose (having previously visited San Juan) we marched to that of Concepcion, and selected our ground in a bend of the river San Antonio, within about 500 yards of the old Mission Concepcion. The face of the plain in our front was nearly level, and the timbered land adjoining it formed two sides of a triangle, both of which were as nearly equal as possible ; and, with the excep- tion of two places, a considerable blufT of from six to ten feet sudden fall in our rear, and a bottom of 50 to 100 yards to the river. "We divided the command into divisions, and occupied each one side of the triangle, for the encampment on the night of the 27th, Captain Fannin's company being under cover of the south side, forming the first division, and Captains Coleman, Goheen, and Ben- net's companies, ( making in all only forty-one, rank and file ) oc- cupied the north side, under the immediate command of myself, (James Bowie, as aide-de-camp). "Thus the men were posted, and lay on their arms during the night of the 27th, having out strong picket guards, and one of seven men in the cupola of the mission house, which overlooked the whole country, the horses being all tied up. "The night passed quietly off, without the least alarm, and at dawn of day. every object was obscured by a heavy, dense fog. which entirely prevented our guard, or lookout from the mission, seeing the approach of the enemy. "At about half an hour by sun. an advance guard of their cavalry rode upon our line, and fired at a sentinel who had just been relieved, who returned the fire, and caused one platoon to retire ; but another charged on him (Henry Karnes 1. and he discharged a pistol at them, which had the same etTect. 168 HlS•K)k^ OF TEXAS "The men were called to arms ; but were for some time unable to discover their foes, who had entirely surrounded the position, and kept up a constant firing, at a distance, with no other efifect than a waste of ammunition on their part. When the fog rose, it was apparent to all that we are surrounded, and a desperate fight was inevitable, all communications with the main army being cut off. Immediate preparation was made, by extending our right flank (first division) to the South, and placing the second division on the left, on the same side, so that they might be enabled to rake the enemy's, should they charge into the angle, and prevent the effects of a cross-fire of our own men ; and, at the same time, be in a com- pact body, contiguous to each other, that either might reinforce the other, at the shortest notice, without crossing the angle, in an ex- posed and uncovered ground, where certain loss must have resulted. The men, in the meantime, were ordered to clear away bushes and vines, under the hill and along the margin, and at the steepest places to cut steps for foot-holds, in order to afford them space to form and pass, and at suitable places ascend the bluff', discharge their rifles, and fall back to re-load. The work was not completed to our wish, before the infantry were seen to advance, with arms trailed, to the right of the first division, and form the line of battle at about 2(X) yards distance from the right flank. Five companies of their cavalry supported them, covering our whole front and flanks. Their infantry was also supported by a large force of cavalry. "In this manner, the engagement commenced at about the hour of 8 o'clock A. M., on \\'ednesday. 28th of October, by the deadly crack of a rifle from the extreme right. The engagement was immediately general. The discharge from the enemy was one continued blaze of fire, whilst that from our lines, was more slowly delivered, but with good aim and deadly effect, each man retiring under cover of the hill and timber, to give place to others, whilst he re-loaded. The battle had not lasted more than ten minutes, before a brass double-fortified four-pounder was opened on our line with a heavy discharge of grape and canister, at the distance of about eighty yards from the right flank of the first division, and a charge sounded. But the can- non was cleared, as if by magic, and a check put to the charge. The same experiment was resorted to, with like success, three times, the division advancing under the hill at each fire, and thus approximat- ing near the cannon and victory. 'The cannon and victory' was truly the war-cry, and they only fired it five times, and it had been three times cleared, and their charge as often broken, before a disorderly and precipitate retreat was sounded, and most readily obeyed, leav- ing to the victors their cannon. Thus a small detachment of ninety- two men gained a most decisive victory over the main army of the central government, being at least four to one, with only the loss of one brave soldier (Richard Andrews), and none wounded; whilst the enemy suffered in killed and wounded near 100, from the best information we can obtain, which is entitled to credit ; say sixty- seven killed, among them many promising officers. Not one man of the artillery company escaped unhurt. HISTORY Ol'" TEXAS 169 "Xo invidious distinction can be drawn l(i'l\vi.en any officer or private, on tliis occasion. Every man was a soldier, and did his duty, agreeable to the situation and circumstances under which he was placed. "It may not be amiss here to .say, thai near the close of the engagement another heavy piece of artillery was brought up, and tired thrice, but at a distance ; and by a reinforcement of another com- pany of cavalry, aided by six mules, ready harnessed, they got it od. The main army reached us in about one hour after the enemy's retreat. Had it been possible to communicate with you, and [to have) i)r()ugiu you up earlier, the victory would have been decisive, anil Bexar ours before 12 o'clock. "With sentiments of high consideration, we subscribe ourselves, Yours, most respectfully, "J.\.MEs Bowie, Aidc-dc-Coiiip. "J. \V. Fannin, Coiiuiniiniaiit, first Division. "General S. F. Austin." The following commimication by Major Moses Austin Bryan affords a good reason why the main army did not reach Concepcion in time to participate in the battle of the 28th October. He also mentions the name of Captain Andrew Briscoe, who commanded one of the two com- panies detailed, (icneral Austin made the order to Colonel Bowie, but only mentions Captain Fannin. In the report of the battle by Bowie and Fannin Captains Coleman, ( Joheen, and Bennett were mentioned. These gentlemen may have had a small squad of men, each, but not a company : for subsequent to the battle, the squads of Coleman and Goheen united, and elected Coleman to the command of the company thus formed. With this explanation, we subjoin Mayor Bryan's communication : "On the morning of the 27th of October 1835 the 'Army of the people' was camped at the Mission dc F.spada about nine miles below .San Antonio and General Stephen 1'". Austin, wi.shing to occupy a position as near the town as j)0ssible, ordered Colonel James Bowie (a volunteer Aid) to take the companies of Captain James W. Fannin (The Brazos Guards) and the Harrist)urg company. Captain Andrew Briscoe, and .select a suitable camp and report that afternoon at camp with his two companies. About 9 o'clock at night D. B. Macomb ( Assistant Adjutant Cieneral ) who went with Colonel Bowie returned to camp and reported that a position had been selected about ly^ miles bel(jvv San .Antonio on the river and that Colonel Bowie, Captain Fan- nin and Cajitain Briscoe considered the position so strong, that they b;id concluded not to retiuii to j-.^pada. but would await the arrival of the army in their camp. < leneral .\ustin was very much worried, as he believed the small jjarty of ninety-two men would be attacked next morning by daylight and he ordered his adjutant General War- ren D. C. Hall and his aide-de-cani]) William T. Austin to go and >ee all the officers of the ,irmy and notify them that the army must be ready to march at daylight the next morning, as he felt sure General Cos would attack Bowie, h^annin, and Briscoe. The General was in feeble health and the anxiety he felt for the detachment kept 170 HISTORY OF TEXAS him from sleeping that night. At daylight on the morning of the 28 October it was reported to the General that the company from Eastern Texas which was the camp guard had marched off and it was reported that General Sam Houston with three or four other delegates to the consultation had left before daylight for San Felipe de Austin where the consultation had been called to meet on the 15th of October. The General ordered that two companies be sent immediately after the deserting company. The army, all ready to march, was detained I think two hours waiting the return of the two companies with the deserting company. The two companies returned without the deserters and the army took up the line of march for the Mission Concepcion, near which was the camp ground selected by Colonel Bowie. When the main army arrived at the camp the Mexican soldiers who attacked Bowie, F^annin and Briscoe were in sight retreating into San Antonio. As the General rode up Bowie, Fannin, and Briscoe came out and met him and he told them he wished to follow the Mexicans into town immediately. They pro- tested that the place was too strongly fortified, etc. The General dis- mounted and the army hahed at the new camp, and as soon as the General's tent was pitched he called a council of war. and advised following the defeated Mexicans into San Antonio. A majority of the officers in council disapproved of the General's views and the army camped in the position selected. "Captain Robert J. Calder, who was a Lieutenant in Captain James W. Fannin's company, will probably remember about the council of war, etc. I was General .Austin's private secretary, and was by his side in camp, and on the march all the time and know the above stated facts." "Moses .\tsTix Brv.\n." As will be seen by the following communication, Austin, with a divi- sion of the army, took a position above the town, at the Old Mill, while Bowie and Fannin with a weaker force occupied Concepcion. "Head-Quarters. On the Canal Above Bexar, October 31. 1835. "Colonel James Bowie and Captain Fannin : "I have taken a position on the .Alamo Canal, at the mouth of a dry gully about one mile from town. There is one a little nearer, but it cannot be occupied to-day. I have certain information that all the surplus horses, except about 150 or 200. were started to Laredo last night. The number that left is reported ^00 head. The escort does not exceed twenty or thirty men. "I have dispatched Captain Travis, with 50 men. to overtake and capture them. He has guides, and I have no doubt will succeed. "I have to inform you that a servant of Antonio de la Garza came into camp to-day, bringing a proposition from the greater part of the San Fernando company of cavalry, and the one of Rio Grande — to desert. This man was sent to procure a guarantee for them when they come out. I have given the guarantee, and have now to com- municate to you the mode in which they will come out to us — where. HISTORY OF TEXAS 171 etc. He says they will be obliged to come in the day time, upon some occasion of alarm, when they are ordered out. These troops are stationed in the house of Padilla, in one of the lower labors which Colonel Bowie understands the situation of. It would be well, then, for you to-morrow to make a diversion on that side, so as to pro- duce the necessary stir ; so that they may be ordered out. and thus give the men the chance to come out as it were on duty, and then escape. They will present themselves with the butts of their guns advanced, or a white flag. Padilla has many acquaintances in thos'' companies, who sent Garza's servant (Jo.se Ortiz) to have an unde: standing with him as to the guarantees and the mode of joining ui "In regard to the measure of harassing the enemy tonight, as was spoken of before we parted, by simultaneous firing on the town, 1 have to say that I am obliged to decline, owing partly to the condition of the men here at present, having lost so much sleep last night ; and partly to the difficulty of crossing the river from here, so as to co- operate in time with the men on foot. As you will inake a diversion tomorrow for the purpose of bringing on the deserters, you will therefore decline anything of the kind to-night, unless you think it better to proceed on your part. If you think so, you can act as you think best, in that respect, but without expecting any co-operation from this quarter, for the reason I have mentioned. I will, however, mention that a few men from here may probably fire on the Alamo, which is, you know, on this side of the river — about moondown. "As there is abundance of corn here, you can use that brought by Seguin for your detachment. "I wish you to send to Seguin's ranch for some rockets, that are there — two or three dozen. In .Spanish they are called quctes. \no- nounced quotes — we may want them. "Please to give me your opinions and those of your officers as to the mode of further operations on the enemy. "S. F. Austin. "By order, W. D. C Hall, "Dispatch the hearer with your answer to-night, as soon as pos- sible. I wish vour oiiinions as to storming or besieging. "S. F. A." "Camp Conccpcion, ') o'clock I'. M. October ,^1. 1835. "General S. F. Austin. "Dear Sir: Yours of this date has thi^ moment been received, and contents duly considered. "We will make the desired diversion on to-morrow, in order to afltord those companies protection should they desire to join us, as early as circumstances and the weather will admit, say nine o'clock. "We have received many reports with regard to the disposition of the troops, and some of the officers, but so various as to make it doubtful what degree of credit should be attached to them. No doubt, however exists but provisions are short, and we can compel them by close siege to fight us outside, starve, or run away. If these troops 172 HISTORY OF TKXAS join Us on to-morrow or any other time, we propose to you to be in readiness to enter the town forthwith. "In order to effect this object, let us agree to send our respective parties, at the sa)iic hour in the morning, so as to be ahi.'a\s ready to act in concert, and thereby effect our object with as little loss and as much certainty as practicable. "If this be done and all communication of every sort, with the city stop(a Mitchell, .\sa Hoxey, Jesse Grimes, C. Collard. M. Millican, William Shepherd, Philip Coe. Jurisdiction of Gonzales: Wm. S. F"isher, J. B. Clement, Benj. Fuqua, Geo. W. Davis. Thos, K. Miller, James Hodge, Wm. Arrington. Jurisdiction of Mina: J. .S. Lester, D. C. Barrett, Edward Burle- son, R. M. Coleman, B. Manlove. Bartlet Sims, R. M. Williamson. Jurisdiction of Viesca: J. G. W. Pierson, J. S. Hood, S. F. Allen, A. G. Perry, J. W. Parker. Alexander Thomson. DEPARTMENT OK NACOGDOCHES Jurisdiction of Nacogdoches: Wm. Whitaker. Sam Houston, Daniel Parker, James W. Robinson. Nat. Robins, Hoffman, T. J. Rusk. Jurisdiction of San Augustine : A. Houston, Jacob Garrett, Wm. N. Sigler, A. E. C. Johnson. .A. C. Kellog. Henry Augustin, Alexander Horton. Jurisdiction of Bevil: John Bevil, S. H. Everett. VVyatt Hanks, J. H. Blount, Samuel Lewis, Thos, Holmes. John A. Veatch. Jurisdiction of Liberty: J. B. Wood, Henry Millard, C. West, P. J. Menard, Hugh B. Johnson, D. G. Burnet. DEP.\RTMI".N'T OF HEXAR None. A quorum was present on November .\ and with R. R. Royall pre- siding the consultation organized by electing B. T. Archer president and R. B. Dexter secretary. Archer, on taking the chair, delivered an address outlining the problems before the assembly : "The first measttre that will be brought before the house, will be a declaration in which we will set forth to the world the causes which have impelled us to take up arms, and the objects for which we fight. "Secondly. I will suggest for your consideration the propriety of establishing a provisional government, the election of a governor, lieu- tenant governor and council ; and 1 would recommend that these officers be clothed with both legislative and executive powers. This measure I conceive absolutelv necessary to prevent Texas from fall- ing into the labyrinth of anarchy. "Thirdly. The organization of the military requires your imme- diate attention. You have an army in the field whose achievements have already shed lustre upon our arms, they have not the provisions and comforts necessary to continue their services in the field ; give them character or their victories, though they are achieved not with- out danger and glory, will, nevertheless, be unproductive of good, sustain and support them and they will do honor to you, and render incalcuable .services to their country : but neglect them, Texas is lost. The adoption of a code of military laws is indispensable: without 188 IIISIOUV OF TICXAS (li^cipliiu- and tirdcr in the ranks, your annie.s will he mobs, mure dangerous to themselves than to their adversaries, and liable at all times to be routed and cut to pieces by a handful of regulars. I know the men that are now in the field ; there never were better materials for soldiers ; but without disci])line they can achieve noth- ing. Establish military laws, and, like the dragon's teeth sown by Cadmus, they will produce armed men. It will he necessary to pro- cure funds in order to establish the contemplated government, and to carry on the war in which we are now engaged ; it will, therefore, be our duty to elect agents to procure those funds. 1 have too high an opinion of the plain practical sense of the members of this body to think for a moment that they will elect any but some of our most influential citizens to this important post. Without fimds, however heroically your armies may fight, however wisely your councils may legislate, they will erect but a baseless fabric that will fall of its own weight. "There are several warlike and powerful tribes of Indians that claim certain portions of our lands. Locations have been made within the limits they claim, which has created great dissatisfaction amongst them ; some of the chiefs of those tribes are expected here in a few days ; and I deem it expedient to make some equitable arrangement of the matter that will prove satisfactory to them. "Permit me to call your attention to another subject. Some of our brethren of the United States of the north, hearing of our difficulties, have generously come to our aid, many more ere long will be with us ; services such as they will render, should never be forgotten. It will be proper for this convention to secure to them the rights and priv- ileges of citizens, to secure to them their land 'in head rights,' and place them on the same footing with those of our citizens who have not yet obtained from government their lands ; and in all other respects to place them on an equal footing with our most favored citizens. Again, the path to promotion mu.st be open, they must know that deeds of chivalry and heroism will meet their rewards, and that you will throw no obstruction in their pathway to fame. "Some fraudulent sales or grants of land, by the late government of Coahuila and Texas, will retpiire your attention. The establish- ment of mails, and an exj)ress department, is deemed necessary to promote the interest of the country ; besides other minor matters that have escaped my observation in this cursory review. "Finally. Gentlemen and friends, let me call your attention from these details to the high position which you now occupy ; let me remind you that the eyes of the world are upon you ; that battling as we are against the despotism of a military chieftain, all true re- publicans, all friends to the liberties of man, are anxious spectators of the conflict, or deeply interested in the cause. Let us give evi- dence that we are the true descendants of that band of heroes who sustained an eight years' war against tyranny and 0])pression and gave liberty to a new world. Let our achievements be such that our mother country, when she reads the bright page that records them. HISTORY OF TEXAS 189 >hall prouflly and ju\ fullv exclaim, thex.- are luv sons! their heroic deeds mark them as such." l-'ollowiiifj the President's adchess General Sam Houston introduced and the assembly })assed a resolution thanking Bowie, F"annin, and the troops under their command for their services in the recent battle of Con- cepcion. Mr. Edward Hall of New Orleans presented a report from a committee in New Orleans which had collected funds and forwarded volimteers to aid the Texans. The consultation thanked him and the committee and approved of the disposition which had been made of the New Orleans recruits, who had marched to join Austin's forces at San .\ntonio. The im])ortant business of the first day's session was closed by the appointment, on motion of John A. Wharton, of a committee to set forth the causes why the Texans had taken up arms. This committee con» sisted of one member from each municipality or jurisdiction represented in the convention, and included the following: John A. Wharton, Colum- bia; William Menifee, Austin: R. R. Royall, Matagorda: Lorenzo de Zavala, Harrishurg : Asa Mitchell. Washington : W. S. F"isher, Gonzales : R. M. Williamson, Mina: Sam Houston. Nacogdoches; A. Houston, San .\ugustine: Wyatt Hanks. P.evil : Henry Millard, Liberty; S. T. Allen, N'iesca. The work of this committee occu])ie the performance nf the duties assigned to them. Article XIII The general council shall appoint a treasurer, whose duties shall lie clearly defined by them, and who shall give approved security for his faithful performance. Article XIV That all land commissioners, empresarios, .surveyors, or persons in anywise concerned in the location of lands, be ordered forthwith to cease their operations during the agitated and unsettled state of the country. 196 HISTORY OF TEXAS and continue to desist from further locations until the land office can be properly systematized by the proper authority, which may hereafter be established ; that fit and suitable persons be appointed to take charge of all the archives belonging to the different land offices, and deposit the same in safe places, secure from the ravages of fire, or the devastation of enemies ; and that the persons so appointed be fully authorized to carry the same into effect, and be required to take and sign triplicate schedules of all the books, papers, and documents found in the several land offices, one of which shall be given to the governor and council, one left in the hands of the land officer of the land office, the other to be retained by the said person : and they are enjoined to hold the said papers and documents m safe custody, subject only to the order of the provisional government. or such competent authority as may be hereafter created ; and the said persons shall be three from each department, as commissioners, to be forthwith appointed by this house to carry this resolution into full effect, and report thereof to the government and council (and that the said political chiefs immediately cease their functions). The different archives of the different primary judges, alcaldes, and other municipal officers of the various jurisdictions shall be handed over to their successors in office, immediately after their election or appointment ; and the archives of the several political chiefs of the departments of Nacogdoches, Brazos, and Bexar, shall be transmitted forthwith to the governor and council for their disposition. Article XV All persons now in Texas, and performing the duties of citizens, who have not acquired their quantum of land, shall be entitled to the benefit of the laws on colonization, under which they emigrated ; and all persons who may emigrate to Texas during her conflict for constitu- tional liberty, and perform the duties of citizens, shall also receive the benefits of the law under which they emigrated. Article XVI The governor and council shall continue to exist as a provisional government, until the re-assembling of this consultation, or until other delegates are elected by the people, and another government established. Article XVII This convention when it may think proper to adjourn, shall stand adjourned to meet at the town of Washington, on the first day of March next, unless sooner called by the executive and council. Article XVIII All grants, sales, and conveyances of land, illegally and fraudulently made by the legislature of the state of Coahuila and Texas, located or to be located within the limits of Texas, are hereby solemnly declared null, void, and of no effect. .Article XIX All persons who leave the country in its present crisis, with a view to avoid a participation in its present struggle, without permission from HISTORY OF TEXAS 197 the alcalde or judge of iheir nuniicipality, shall forfeit all or any lands they may hold or may have a claim to, for the benefit of this govern- ment ; provided, nevertheless, that widows and minors are not included in this provision. Article XX All monies now due, or that may hereafter become due, on lands lying within the limits of Texas, and all public funds or revenues, shall be at the disposal of the governor and general council, and the receipt of the treasurer shall be a sufficient voucher for any and all persons who may pay monies into the treasury ; and the governor and council shall have power to adopt a system of revenue to meet the exigencies of the state. Article XXI Ample power and authority shall be delegated, and are hereby given and delegated to the governor and general council of the provisional government of all Texas, to carry into full effect the provisions and reso- lutions adopted by the consultation of the chosen delegates of all Texas, in general convention assembled, for the creation, establishment, and regulation of the said jirovisional government. OK THE .\I1I.IT.\RV Article 1. There shall be a regular army created tor the protection of Texas during the present war. Art. 2. The regular army of Texas shall consist of one major gen- eral, who shall be commander-in-chief of all the forces called into public service during the war. Art. 3. The commander-in-chief of the regular army of Texas shall be appointed by the convention and commissioned by the governor. Art. 4. He shall be subject to the orders of the governor and council. Art. 5. His staff shall consist of one adjutant general, one inspector general, one quartermaster general, one paymaster general, one surgeon general, and four aides-de-cainp, with their respective ranks as in the United States army, in time of war, to be appointed by the governor. Art. 6. The regular army of Texas shall consist of men enlisted for two years, and volunteers for and during the continuance of the war. Art. 7. The regular army of Texas, while in the service, shall be governed by the rules, regulations, and discipline in all respects appli- cable to the regular army of the United States of America, in time of war, so far as is applicable to our condition and circumstances. Art. 8. The regular army of Texas shall consist of eleven hundred and twenty men, rank and file. Art. 9. There shall be a corps of rangers under the command of a major, to consist of one hundred and fifty men, to be divided into three or more detachments, and which shall compose a battalion under the commander-in-chief, when in the field. Art. 10. The militia of Texas shall be organized as follows : all able bodied men, over sixteen and under fifty years of age, shall be subject to militia duty. 198 HISTORY OF TEXAS All. 11. JCvcry inhabitant of Texas coming within purview of the preceding article shall, on the third Monday of December next, or a.s soon thereafter a.s practicable, assemble at each precinct of their muni- cipality, and proceed to elect one captain, one first lieutenant, and one second lieutenant, to every fifty-six men. Art. 12. \\'hen said election shall have taken place, tiie judges shall certify to the governor forthwith, the names of the respective officers elected, who shall as soon as j)racticable make out and sign, and transmit commissions for the same; that if there shall be found to exist in any municipality, more than three companies, the captain or commandants, on giving due notice thereof, shall call together the subalterns of said companies and ])roceed to elect one major; if of four companies, one lieutenant colonel ; if of five or more companies, one colonel for the com- mand of said companies, which shall constitute a regiment of said muni- cipality ; that if there shall be found to exist more than one regiment in said municipality, the whole number of field and company officers shall, on due notice, proceed to elect a brigadier general out of their number, who shall command the whole militia in the said municipality. Rraxch Turxfr Archer. President. Officers had already been elected by the consultation from its own members on the 12th. For governor, Henry .Smith was elected over .\ustin by a vote of thirty-one to twenty-two. James W. Robinson was elected lieutenant-governor, and members of the general council were chosen as follows: A. Houston, San Augustine; William Menifee. Aus- tin; Daniel Parker. Nacogdoches; Jesse Grimes. Wa.shington ; A. G. Ferry, Viesca ; D. C. Barrett, Mina ; Henry Millard, Liberty ; Martin Parmer. Teneha ; J. D. Clements, Gonzales ; R. R. Royall, ]\Iatagorda ; W. P. Harris. Harrisburg; E. Waller. Columbia; \\^yatt Hanks. Bevil. The governor's salary was fixed at fifteen hundred dollars, the lieutenant- governor's at twelve hundred and fifty dollars, and the i>er diem of mem- bers of the council was placed at three dollars, with an allowance of three dollars for each twenty-five miles traveled to and from the council. On the 14th the consultation adjourned "to meet on the first day of March next, unless sooner called by the governor and council," and all members who could do so were urged to repair to San Antonio "to assist our fellow-citizens in the field." ClIAPTKR W THE PROVISIONAL GOVERNMENT A i)rovis!onal govcninienl having been established by the general consultation, and prepared to enter upon the duties conferred upon it; we offer, as appropriate the message of Governor Smith to the General Council : "I thus take the liberty to admonish you. because no common duties devolve upon you. "You have to call system froiu chaos ; to start the wheels of gov- enuuent, clogged and impeded as they are by conflicting interests, and by discordant materials. Without funds, without the muni- tions of war ; with an army in the field contending against a power- ful foe. These are the auspices under which we are forced to make a beginning. "2. Our country is now involved in war. Our foe is far su])erior to us in numbers and resources. Yet when I consider the stern ma- terials of which our army is comj)osed, the gallant and heroic men that are now in the field, I regard not the disparity of numbers, but am satisfied that we could push our conquests even to the walls of Mexico. I earnestly recommend that you adopt the most ]jrom()t and energetic measures in behalf of the army; that you forthwith Iirovide all the necessary munitions of war, so that the armv mav nf)t be cramped or impeded l)y remissness on the part of the Govern- ment, .^nd that you be careful to select agents of known skill and science to jnirchase artillery and other munitions. ".?. .\nother important matter will require your immediate atten- tion. Our seaports and frontier towns are unprotected, and exjiosed to the mercy of the enemy. The policy of having them well fortified must be obvious to all. I therefore recommend the organization of ;i Civil and Topographical Engineer Corps, and the coiumencement of the work of fortification and defense without delay. "4. I recotnmend the granting of Letters of Mar<|ue and Re- prisal ; by doing which we can not only prevent invasion by sea, but we can blockade all the ports of Mexico, and destroy her commerce, and annoy and harass the enemy more in a few months, than by many years' war, carried on within our own limits. My own mind is satis- fied that the whole of our maritime o|)eratioiis can be carried out by foreign capital and foreign enterprise. .Mready a])plications for commissions have been made ; they are willing to take the hazard, as such affor report in the form of an ordinance on the 24th. Ofificers and privates were to be subject to the same discipline and to receive the same pay as in the regular army of the United .States, and each private and non-commissioned officer was promised a bounty of (AO acres of land. Later, as an incentive to enlistment in the regular army, rather than with the volunteers, an additional bounty of 160 acres of land and $24 in monev was offered the regulars: one-half of the money was to be paid when the recruit reported at hea(l(|uarters. ,ind the bal- ;uice on the first quarterly pay-da\' thereafter. On the same day that this ordinance was jiassed ( iovernor .Smith sent to the council a message, urging it to make "the necessary enactments calculated to authorize the commander-in-chief to issue his proclamation, in order that vohmteers and other troops * * * ^^ay liiirit which is characteri-'tic (if ihc ju>licc i)t our cause. "The army of tlic people is now heforc Bexar, hesiejjinj,' the cen- tral army within its wall. Though called together at the moment, the citizens of Texas, unprovided as they were in the necessary munitions of war and supplies for an army, have maintained a siege for months. Always patient and untiring in their patriotism and zeal in the cause of liherty, they have home every vicissitude of .season and every incident of the soldier, with a contempt of peril which reflects immortal honor on the members of the army of the people. "Since our army has been in the field, a consultation of the people, by their rejiresentatives. has met, and established a provi- sional government. This course has grown out of the emergencies of the country : the army has claimed its peculiar care. We are without law. and without a constitutional head. The provincial ex- ecutive and the general council of Texas are earnestly engaged in the discharge of their respective duties, preparing for every exigcncx of the country ; and I am satisfied, from their zeal, ability, and ])atriotism. that Texas will have everything to hope from their exer- tions in behalf of the principles which we have avowed. "A regular army has been created, and liberal encouragement has been given by the government. To all who will enlist for two years, or during the war, a bountv of S24 and 800 acres of land will be given. Provision has also been made for raising an auxiliary volun- teer corps, to constitute i^art of the army of Texas, which will be placed under the command, and subject to the orders of the com- mander-in-chief. The field for ])romotion will be open. The terms of .service will be various. For those who tender their services for. or during the war, will be given a bounty of 640 acres of land : an equal bounty will be given to those who volunteer their services for two years; if for one year, a bounty of .^20 acres; and for those who may volunteer for a shorter period, no bounty of land will be given, but the same liberal pay, rations, etc., will be allowed them as other members of the army. The rights of citizenship are extended to all who will unite with us in defending the republican principles of the constitution of 1824. "Citizens of Texas, your rights must lie defended. The opjires sors must be driven from our soil. Submission to the laws and union among ourselves will render us invincible ; >ubordination and discipline in our army will guarantee to us victory and renown. ( )m- invader has sworn to exterminate us. or sweejj us from the soil of Texas. He is vigilant in bis work of oppression, and has ordered to Texas 10,000 men to enforce the unhallowed purposes of his ambi- tion. His letters to his subalterns in Texas have been intercepted, and his plans for our destruction are disclosed. Departing from the chivalric principles of civilized warfare, he has ordered arms to be distributed to a portion of our [lopulation. for the purposes of creat- ing in the midst of us a servile war. The hopes of the usurper were inspired bv a belief that the citizens of Texas were di.sunited and 208 HISTORY OF TEXAS divided in opinion ; that alone has been the cause of the present inva- sion of our rights. He sliall realize the fallacy of his hopes, in the union of her citizens, and their eternal resistance to his plans against constitutional liberty. We will enjoy our birthright, or perish in its defence. "The services of 5,000 volunteers will be accepted. By the first of March next, we must meet the enemy with an army worthy of our cause, and which will reflect honor upon our freemen. Our habitations must be defended; the sanctity of our hearths and fire- sides must be preserved from pollution. Liberal Mexicans will unite with us. Our countrymen in the field have presented an example worthy of imitation. Generous and brave hearts from a land of freedom have joined our standard before Bexar. They have, by their heroism and valor, called forth the admiration of their com- rades in arms, and have reflected additional honor on the land of their birth. Let the brave rally to our standard. "Sam Houston, Coimnatidcr-in-CIiicf of the Army." This is a strong document, even for Houston's pen, but it was all but fruitless. By January 17 there were thirty-five regulars at Refugio, and some others, apparently, elsewhere, for Houston urges Governor Smith to "cause all the regulars now enlisted to be formed into companies, and marched to headquarters." By January 28 Travis had enlisted twenty- six more and marched to the relief of Bexar. And on February 12 George W. Poe wrote that there were many at Columbia who would enlist if the officers were only prepared to "support them and clothe them." "Lieutenant Chaffin," he said, "has enlisted about thirty men who have no place to live at and he has no supply of arms, clothing, etc., for them." But as late as March 10 a special committee, appointed by the convention then in session at Washington, had to report that "Of the regular army, there appears to be sixty privates," and, though they did not then know it, thirty of these were dead with Travis in the ruins of the Alamo. The chairman. J. W. Bunton, acknowledged that his infor- mation was incomplete, and there may have been a few more, in fact, he had heard unofficially of a company of forty regulars under Captain Teal, hut the number all told was pitifully small. Enlistments for the auxiliary corps were more numerous. Companies from Tennessee and New Orleans and Mobile arrived early in the cam- paign of 1835, and, as time passed, volunteers came in constantly increas- ing numbers from the United States — chiefly from Louisiana. Missis- sippi. Alabama, Tennessee. Kentucky, and Ohio (Cincinnati). Most of these later arrivals and some of the earlier ones joined the auxiliarv corps, though in general they hesitated to volunteer for a definite period, and were with difficulty enlisted for a term of only three months. The fact is that the citizens of Texas often manifested a surprising degree of indifference toward the war. and this attitude was much more general than is ordinarily suspected. They did form the majority of the force that captured Bexar in December, but their lack of discipline — the simple expression of the frontiersman's individuality — was the despair of such officers as Austin, Travis, and Fannin, W'hh the termination of HISTORY OF TEXAS 209 the campaign they did not enlist either as regulars or auxiliaries, and did not again take the tield in any numbers until immediately preceding the battle of San Jacinto. On December 17 Silas M. Parker wrote the presi- dent of the general council that he had with the greatest exertion been able to get together but thirty rangers, and could with difficulty get pro- visions for them. "I cannot," he said, "engage any beef or pork for them, tho there is plenty in the country. Such is the indifference of the people as to the cause of Texas." He had to go to the men who had beeves to spare, and value the beeves and kill them himself. Travis, in a letter to Governor Smith, January 28, complained of the same indif- ference, and gives some pertinent reasons for it. He said : "I have done everything in my power to get ready to march to the relief of Bexar, but owing to the difficulty of getting horses and provisions, and owing to desertions, etc., I shall march today with only about thirty men, all regulars except four. * * * Our affairs are gloomy indeed — The people are cold and indifferent — They are worn down and exhausted with the war, and in conse- quence of dissensions between contending and rival chieftains they have lost all confidence in their own government and officers. You have no idea of the exhausted state of the country — Volunteers can no longer be had or relied on — A speedy organization, classification, and draft of the militia is all that can save us now. A regular army is necessary — but money, and inoucy only can raise and equip a reg- ular army — * * * j]^^ patriotism of a few has done much ; but that is becoming worn down — I have strained every nerve — I have used my personal credit and have neither slept day or night since 1 received orders to march — and with all this exertion I have barely been able to get horses and equipments for the few men I have." Again he writes from Bexar, when the enemy were already advanc- ing against it, that he hopes the people of Texas will at last open their eyes to the danger and unite in a common cause. But he bitterly adds, "I fear that it is useless to waste arguments upon them — The thunder of the enemy's cannon and * * * The cries of their famished children and the smoke of their burning divcllings ivill only arouse them— I regret that the government has so long neglected a draft of the militia which is the only measure that will ever again bring the citizens of Texas to the Frontier." Almost at the same time Fannin was writing to Ijcutenant Governor Robinson, "But when I tell you that among the rise of 400 men at and near this post, I doubt if twenty-five citizens of Texas can be mustered in the ranks — nay, I am informed that there is not half that number — Does not this fact bespeak an indifference and criminal apathy truly alarming?" Finally, on April 8, when Santa Anna was at San Felipe, entering the heart of the most populous settlements, A. Roberts wrote to Presi- dent Burnet, "I was astonished to find upon making a call upon the men who have stopped here fat Spring Creek] that in place of obeying promptly the general's call, some of them began to prepare for going \nl.. 1 11 210 HISTORY OF TEXAS fiirtluT who had picviuusly decided on remaining here for some time * * * while others manifest a total inditiference on the subject. * * * It is thought that there is at this time on this side of the Brazos in a moving position at least a thousand men liable to do militia duty." This, truly, is one side of the picture. The Texas revolution was not a spontaneous outbtirst of patriotic indignation against Mexican oppres- sion. Few of the colonists were satisiied with all features of Mexican rule ; but few, also, were ready to go the length of armed rebellion. A small party of radicals forced the war. It came suddenly, and was soon over — lasting less than seven months. The pacific majority were dazed by its sudden development, and before some of them recovered it was past. For some of them. too. there were other enemies besides the Mex- icans. Fear of the Indians they had alwa\s. and on the plantations of the Brazos there was added the threat of a slave uprising, ^\'ith their families in danger, men heard only faintly the calls of the stricken country. But, when all is said, it really was the "old settlers" who did, almost unaided, all of the effective fighting of the Texas revolution. Though the regular armv remained, so long as the general council was in session, a good deal of an abstraction, steps were not neglected to secure sup])lics for its use when needed. On Xovember 27 an ordinance ordered the purchase of munitions, provisions, scientific and surgical instruments, books and stationery. Among the small arms eniuiierated were 300 yagers, 600 muskets, 200 pairs of cavalry pistols, 1,000 butcher knives, and 1,000 tomahawks: among the provisions desired were 350 barrels of flour. 20.000 pounds of bacon. 15.000 pounds each of coffee and brown sugar. 5.000 ])ounds of soap, and 3.000 pounds of Kentucky chewing tobacco; the books included 100 copies of Scott's "Infantry Drill." twentv-six co]iies of Crop's "Discipline and Regulations." and thirty-six copies of ]\IcC(3mb's ".School of the Soldier." A resolution of December 6 jiermitted the commander-in-chief to send two agents along with the commissioners to the United States to purchase these supplies, but whether he availed liimself of the privilege does not appear. Doubt- less manv of the supplies were never bought, but the commissioners, .Messrs. .\ustin. Archer, and \\'illiam H. Wharton, appointed William Bryan, of New Orleans, general agent for Texas, and he from time to time shipped the stores that were most urgently needed. The council decided. December 8, that the original order for 350 bar- rels of flour was insufficient, and increased the number to 700. while at the same time it requested the governor to have the commissioners to the United States emplov one or more bakers for the army. On Decem- ber 18 it created the office of commissary general and ajipointed to the place Thos. V. McKinney. ])robably the largest nierchant in Texas. Mc- Kinney declined the office, but never spared either trouble or expense in his private capacity to procure all necessary supjilies for the soldiers. Finally, thinking, perhaps that private enterprise might be able to supply some necessities which the government could not. the council elected a sutler. He was governed by the regulations for the same office in the United .States army, and had authority to appoint stibsutlers whenever the commander-in-chief rerpiested them. HISTORY OF TliXAS ill Members of the eoiisuhatidii did not consider the "army of the people." the ofticial designation of the volunteers at I'exar, as in anv manner subject to them. Their attitude toward it was, in fact, very deferential. I-lesolutions were adopted, Xovember 3, commending .Xustin, ]'"annin. and Bowie for their success in the battle of Concepcion. On the 12th General Houston offered a resolution thanking the army on general principles for "jK'rseverance. firmness, patriotism, and courage in defend- ing the liberties of Texas." .\nd again, on the 13th, CoUinsworth's cap- ture of Goliad was remembered, and in order perhajis to forestall pos- sible jealousy a resolution of thanks was voted to him and his men. The military committee defined their relations with the army in these words: "This force is composed of volunteers from every rank of cit- izens in the country, whose services generally commenced before the assembling of this house, and as their movements have hitherto been regulated by officers of their own choice, no obligation can be im- posed upon them to submit to the control of the provisional govern- ment ; advisory communications are all that can be made to ihem." With respect, therefore, to the people's army the consultation con- fined it.self mainly to the effort to secure reinforcements. Districts that had not contributed their quota of men were urged to do so at once, and the temptation to shirk was removed by a resolution of November 11 to the effect that persons leaving (he country to avoid participation in the |)resent struggle should forfeit all their land and property to the govern- ment. To this task and the eipially difficult one of supplying the men .ilready in the field the general council fell heir. An ordinance of Novem- ber 19 provided for the immediate purchase of quantities of food, cloth- ing, tents, surgical supplies, .soap, candles, and cooking utensils, and axes, -pades, and shovels. Medicine had already been forwarded, it was said, in sufficient quantity for the present. John \\'. Moore was appointed "contractor" to carry this law into effect, with authority to pledge the public faith for the payment of such debts as he might incur. The same day a proclamation was issued, calling for more volunteers, and announc- ing that "all the supplies * * * suited to the necessities of this incle- ment season have been procured and are procuring through the i)eo])Ie's agents appointed for that purpose." This statement was a trifle i^rema- ture but the council was determined if possible to make good its prom- ise : so Henry Millard was appointed on the 22d to obtain sui)i)lies for a company on the way to the army, and on the 27lh an ordin.-nicc wa- rushed through, creating a commissary at San Felipe to look after vulun teers passing there. John P>. Johnson was chosen for this resjxmsiblc position, and he began his duties at once by issuing eighty rations to a company from Mobile. At the same time an approjjriation of $1,30(> was made for the benefit of the army at Bexar, and a few days later ( November 28) John Dunn also was appointed a commissary and or- dered to buy for it at Matagorda or the nearest point jwssible a quantity of flour, bread, and beans. December 1, having received news of the "grass fight," the council avowed itself deeply grateful to the men en- L'aged in that "brilliaiU affair" and seized the occasion .lo assure them ili.-it no moans would bo omitted tn aid. romfnrt. and assist them in their 212 HISTORY OF TEXAS important investment of Bexar. Before the army received this grati- fying assurance, however, Colonel Burleson had grown impatient and appointed W'illiam Pettus contractor for the volunteers. This appoint- ment the council ratified on the 5th, but before Pettus had an opportu- nity to prove his efficiency Bexar had capitulated and most of the army dispersed. The council had made little effort to reinforce the army, relying upon the work already done by the permanent council and the consultation and upon the general excitement aroused by the battle of Gonzales, the capture of Goliad, and the subsequent march on Bexar. A letter from Milam and Burleson, received on December 9, and announcing the begin- ning of the assault on Bexar and the need of ammunition and reinforce- ments, created, therefore, a prodigious stir. One committee was ap- pointed to gather up and dispatch to the army all the powder and lead in town, another to employ expresses to scour the country for volunteers and additional ammunition, and still another to procure horses for these expresses. Most of the members being thus on special duty, the council adjourned. The next day an address was issued, explaining to the people the straits of the army, and pleading for reinforcements. J. W. l<"annin and Thomas J. Rusk were appointed recruiting agents — the one to operate east and the other west of the Trinity — to enlist volunteers for thirty days. In the meantime Dimit was increasing the strain by calling for reinforcements at Goliad. But on the 15th came the news that Bexar had fallen, and the joy of the council was unconfined. As to the pay of the volunteers, the consultation had decreed that such as remained in the service until the fall of Bexar, or until honor- ably discharged, should receive $20 a month and such donations of land as the government should vote them. For some reason, however — per- haps to create an incentive to enlistment in the regular army or the auxiliary corps — the council did not admit these volunteers to the benefit of the bounty laws. Only those — so reads the ordinance— "their heirs or legal representatives, who have been or may hereafter be killed in battle ,or come to death by .sickness or accident in going to or returning from the volunteer army," shall be entitled to one mile square, or 640 acres of land. On November 18 the committee on naval afifairs reported on that portion of the governor's initial message which recommended the issu- ance of letters of marque and reprisal to privateers. Both the perma- nent council and the consultation had favored the policy of commission- ing privateers, and the committee submitted an ordinance continuing the jiolicy. This was passed on the 25th and approved by the governor on the 27th. It provided for the issuance of letters of marque by the gov- ernor and council to "men of known character, standing and skill as naval tacticians," but no vessels of less than eighty tons burden should be licensed ; they were to cruise in the Gulf and prey solely on vessels sailing under the flag and commission of the central government of Mexico ; prizes were to be adjudicated in Texan ports ; the government was to receive twenty per cent of the prize money ; and commissions were limited to six months in duration. A supplement to this ordinance passed on the .^Oth reduced the government's share of the prize money to ten HISTORY OF TEXAS 213 per cent, and provided that the privateers should sail under the Mexican flag, with "the figures 1, 8, 2, 4, cyphered in large Arabics on the white ground thereof." The committee closed its report with a strong recommendation for ihe establishment of a naval force : "Your committee would further most earnestly represent that the establishment of a small naval force for the security of our extended coast and the protection of our own commerce would seem to them highly necessary and indispensable, and under that conviction would recommend the purchase, arming, and equipping two schooners of twelve, and two schooners of six guns each to cruise in, and about the bays and harbors of our coast. This arm of the service should be confined and entrusted only to men whose nautical skill and experience are well known and established, and who.se activity and efficiency, would with greater certainty .secure the objects of its crea- tion and organization." In accordance with this report an ordinance passed on the 25th and approved the 27th "established a navy, to consist of two schooners of twelve guns each, and two schooners of six guns each." They were to be purchased and equii)ped as soon as practicable and were to rendezvous at Galveston. Under this authorization four vessels were obtained during January and February, 1836 — the Liberty, Invincible, Independ- ence, and Brutus-^and during 1836 and 1837 they did valuable service in protecting the Texan coa.st. The outbreak of the revolution found Texas without any system of revenue, and from the beginning the various governing bodies were at great difficulty to supply the needs of the volunteers in the field and to provide for the regular army which it was hoped could be created. On October 20 the permanent council appointed a committee of five "to inquire into the state of the public funds and, if necessary, report a plan for replenishing them." The committee recommended that six "public agents" be appointed to cooperate with the committees of .safety in each jurisdiction in the collection of dues on land and stamped paper. Thev were also to negotiate loans whenever possible, and pledge as security therefor the jniblic faith. On the 22d Gail Borden's ]X)wers were strengthened as collector in the jurisdiction of San Felipe, and he was instructed to publish a notice that drafts drawn by captains of com- panies — presumably for supi^lies — and apjiroved by the president of the council would be accepted in payment of public dues. On the 27th a more ambitious effort was made to secure funds by the appointment of Thomas V. McKirney to negotiate a loan of $100,000 in New Orleans. But from this undertaking he excused him.self on the ground that such a commission would need to be supported by unques- tionable authority, which he feared would not be conceded to the per- manent council. Before this reply was received the council had merged into the consultation. It had expended the sum of $374. .30, had made provision for the efficient collection of the public dues, and supplies were on the way to the army. These consisted of "upwards of 100 beeves, a considerable quantity of corn meal, and sugar. coflFee. bacon, blankets, shoes and tent cloths." 214 HISTORY OF TEXAS The aclual tinancial affairs of ihc consultation were scarcely more important than those of the permanent council. On the morning of November 6, five members were appointed to provide for the necessities of the army, with authority "to borrow money or originate other debts for that purpose." and in the afternoon they reported a loan of $500 obtained from Thomas F. McKinney. Of this, $238 had been expended in paying drafts already drawn on the government, $20 was used in for- warding an express, and a balance of $242 remained in their hands. The following day the consultation declared "that Texas is responsible for the expenses of her armies now in the field, that the public faith of Texas is jiledged for the payment of any debts contracted by her agents," and "that she will reward by donations in land all who volunteer their serv- ices in her present struggle" ; but for practical purposes this meant little more than the expression of a willing spirit to meet her obligations if she were able. At the same time a windfall arrived in the shape of a contribution from New Orleans. Edward Hall brought the news on the 6th that a committee in that city had raised $7,000 for the benefit of Texas. Half of it had been employed in equipping and transporting volunteers, but the balance, rapidly growing by other donations, was retained by the committee. Three days later we find the consultation appointing Hall agent for the purchase of war munitions and instructing him to draw on this committee for funds. Patriotic citizens also began to offer loans and securities in the hope that an hypothecation of individual property migh^ prove more tempting to money lenders than a bare pledge of the [)ublic faith. Stephen F. Austin tendered his "whole estate," to be mort- gaged as the consultation saw fit ; J. \\'. Fannin presented thirty-six slaves; and Ben Fort Smith offered eleven leagues of land for the same purpose. On the 13th the consultation gratefully accepted these proffers, but resolved to make use of them "only when imperiously demanded in the most extreme emergency." The ordinance which created the provisional government made it the duty of the general council "to devise ways and means," and jointly witii the governor to contract loans "not to exceed one million of dollars," hypothecating the public land and pledging the faith of the country there- for ; "to impose and regulate imposts and tonnage duties, and provide for their collection under .such regulations as may be the mo.st exjjedient" ; to appoint a treasurer and clearly define his duties ; and finally, to dis- pose of all monies due or accruing on lands and all other public revenues. .A.s if this were not sufficient latitude, the governor and council were given "power to adopt a svsteni of revenue to meet the exigencies of the state." In his first message to the general council Governor Smith recom- mended the appointment of a treasurer and other fiscal officers. The council agreed with him, and the committee of state and judiciary re- ported, on November 17, "that the immediate appointment of a treasurer to the provisional government, whose duty shall be clearly defined, is now devolving upon this body. Receipts and disbursements of public monies have been hitherto carried on without system, consequently with- out any other responsibilities to the public than that high sense of moral IIISIURV Ol*" TEXAS 215 feeling which su fiiiiiu-iuly distinguishes the free sons of that country in revolutionary times from which our citizens liave descended." Accompanying this report, the committee submitted an ordinance creating a treasur}- department. It was passed the following day, but was vetoed by the governor because the salary of the treasurer was fixed at $o,(XX) a year, an exorbitant one, he thought, with the finances of the state in the condition they then were. Upon further deliberation, the council unanimously sustained his objection, and on the 24th D. C. Bar- rett proposed a new ordinance, obviating it. By a suspension of the rules this was passed the same day, and the governor approved it on the 26th. Besides defining the treasurer's duties, the law directed that dis- bursements should be made only upon the order of the general council, "approved and signed by the (iovcrnor and attested by the Secretary of ihe Executive." The election of a treasurer, Josiah H. Fletcher, completed the organ- ization of the department, but the method of drawing drafts, though safe was cumbersome, and the council passed an ordinance (December 2) providing that an order from the chairman of the finance committee should be a sufficient voucher to ihe treasurer for disbursements. The chairman was required to report such orders to the house, in order that the amount might be entered upon the journal, but the governor, with some justice, pointed out that this was an inadequate safeguard, and vetoed the bill. The council, however, w-as determined and passed it over his objection. But. perhaps in anticipation of this action, Henry Millard, chairman of the committee on finance, shrinking either from the responsibility or. more probably, the labor involved, secured the passage oi a resolution for the appointment of a committee of jjublic accounts. This was "to receive, audit, and register said accounts," and keep records showing the status of all claims, "whether passed, rejected, or under consideration," and report upon them twice a week to the general council. A fortnight later Mr. Royall. who had been appointed chairman of this committee, sought escape by creating the office of auditor, and his bill, amended to provide for a comi)trollcr also, was passed December 26. The law defining the duties of these officers is a rambling one of tw-enty- one sections ; but in brief it was declared the duty of the auditor to ])ass upon the validity of all claims, keep the books of the government and. after observing the proper formalities, draw drafts on the treasury to cover audited accounts, .^fter approval by him claims under $4,000 had to be examined independently h\ the comptroller. In case of disagree- ment between the two. the auditor might ap|)cal to the decision of the council if it were in session or, in its absence, to the governor. All claims for more than .$4,000 he nuisl submit first to the council or gov- ernor, and, when passed bv them, to the comptroller for his approval — in this case, perhaps merely formal. All drafts on the treasurer must be signed by the auditor and countersigned by the comptroller, and if the amount were greater than .$4,000. they must bear in addition the apjiroval of the governor or coinicil. But the council reserved the right to order "iiayments on claims not within the ])rovision of this ordi- nance." Twice a week — on Wednesday and .Saturday — to prevent fraud. 216 HISTORY OF TEXAS auditor and comptroller must make to each other reciprocal reports of claims audited and drafts signed, and once a week both were required to report to the general council or the governor. The governor objected to the clause which gave the council power of exempting certain claims from the operation of the law, but the bill was passed unchanged over his veto (December 29). The appointment of officers to collect, respectively, customs duties and dues on land completed the establishment of the fiscal administra- tive machinery. But the provision of revenue was a matter of greater difficulty. The committee on finance estimated on paper an adequate income from sale of the public domain, taxes on land, a tax on slaves, an export duty on cotton, and tonnage and tariiT duties; but the committee was constrained to admit that, although the picture which they presented might be "fiat- lering and exhilarating in the highest degree to the patriot and statesman. * * * yet the urgent, pressing, and unavoidable exigencies and im- mediate necessities of our state * * * require a fund to which it can immediately recur." To secure this, it could think of no project "possessing in a higher degree all the essential requisites of speedy operation, and combining celerity and certainty in its accomplishment, than that suggested by a loan." In the end this really did prove, though none too speedy in its opera- tion, the country's chief means of securing ready money, but the council had no notion of trusting all its ventures to one bottom. To mention its more important experiments in chronological order : on December 5 a general law provided for the negotiation of a $1,000,000 loan; a week later a system of tonnage and tariff duties was declared ; on December ,30 measures were taken for the efficient collection of land dues ; and on January 20 an issue of treasury notes was authorized. To these sources of revenue must be added finally a number of donations. Most of the donations came from the United States, and, though never very great, as an evidence of good-will they afforded encourage- ment to the Texans far out of proportion to their intrinsic importance. The contribution of the New Orleans committee during the session of the consultation has already been noticed, but at the same time similar committees were busy in Natchitoches and Mobile. November 15 the council acknowledged the receipt of a letter from D. H. Vail, of the former place, informing them that he had received "in diflferent articles" about $800 for the benefit of Texas, and at the same time news came that in Mobile $2,000 had been raised. On November 30 General Hous- ton presented a gift of $100 from Mr. John Hutchins, of Natchez, Mis- sissippi, and some two weeks later we find the council taking steps to change a thousand dollar bank note which was a contribution from the United States. In the meantime, Austin, .Archer, and Wharton had been dispatched to the United States for the purpose primarily of nego- tiating a loan, but with instructions among other things to receive dona- tions, and late in February they reported a gift of $500 from three citizens of Nashville. About the same time Samuel St. John, a rich cotton factor of Mobile, authorized the provisional government to draw on him for $5,000. He had visited Texas, he explained, in the summer IIISTURV UF IliXAS 217 of 1832 and had ever since retained a lively interest in her welfare, because of her peculiar facih'ties for cotton growing. On March 7, to carry this subject a little further than the session, of the general council, the convention passed a resolution of thanks to H. K. W. Hill of Nash- ville for a gift of $5,000, and on May 20 the citizens of Port Gibson. Mississippi, made a cash donation of $927. As late as June 27. a Dr. Williams presented a donation of $650 from the United States. The commissioners in their progress through the country appointed numer- ous local general agents to solicit volunteers and donations, and the fimds collected were employed in equipping those who volunteered. In Texas itself the wealth of the citizens, as of the state, consisted in land. One is not surprised to learn, therefore, that with two e.xcep- tions, they subscribed no cash. On November 1 Frost Thorn wrote t(i inform the consultatit)n that the people of Nacogdoches had pledged in mass meeting the previous day twenty-eight horses and $2,800, while a few days later .San Augustine announced subscriptions of thirteen horses and $400. The colonists turned naturally to a tariff as a revenue device. In his tirst message (lovernor Smith recommended the establish- ment of a tariff, and the finance committee estimated an annual income of $125,000 from tonnage dues alone. No time was lost in introducing a bill. It was passed on Ndveinber S. and approved on the I2th, biU how much revenue it yielded is unknown. In all likelihood it was very little. Thomas F. McKinney declared that all the merchants in the country had imported larger .stocks than usual in anticipation of the law, and complained that he had been prevented from doing the same, because his partner, Samuel M. Williams, h.id neglected his own business in the I'niled States to purchase supplies for the government. The council tliereupon, to remedy the injustice j^assed an act e.xempting from duty all goods actually shipjied but not received by this firm before the pas- sage of the act. All promise of revenue from this law was permanently blighted on January 20, by making treasury notes acceptable for customs. Complaints soon began to come in. too. from the United States, and since Texas was so largely dependent upon the good-will of that country, it is likely that the enforcement of the law quietly ceased. I'inally, the constituent convention decreed. March 12. 1836, that tlu' provisional government had exceeded its authority in levying inijinrt duties, and ordered what had been collected to be repaid. The collection of land dues next occupied the attention of the coun- cil. The colonization law of Coahuila and Texas provided that "new settlers shall pay to tlu' -^tate. ;is :ui acknowledgement for each sitia of grazing land, thirty dollars: for each labor, not irrigible, two and a half ; and for each that is irrigible, three and a half: and so on pro- portionally. * * * hj,i 1]^. payment thereof need not be com])leted under six years from settlement." When hostilities began. J. II. Money, of the municipality of .\ustin. had in his possession from this source a balance of $296.70, and most of this the consultation used. Considerable .sums were al.so in the hands of the collectors at Nacogdoches, and a few days after its organization the general council ap])ointcd a committee to take charge of them. On November 27 Mr. Menard of this committee reported that he li.id secured 218 HISTORY U1-" TEXAS from land dues $1,678. //j-i, and fruni the sale of stamped paper $250. An ordinance of December 30 authorized the appointment of "collectors of public dues" in each of the departments of Texas. But as a yielder of revenue the law was greatly impaired in efficiency by the provision that properly audited treasury orders should be receivable for such dues. Gail Borden was elected collector for the department of Brazos, and two of his reports are at hand. .An incomplete one as late as July 31, 1836, shows that he had received at that time but S797.623/2. No report can be found from the department of Nacogdoches, but there was much opposition in that quarter to the closing of the land offices by the con- sultation, and on this account it is probable that few of the citizens paid their dues. Finally it was decided to issue treasury notes. The act was approved January 20, and provided that: "The Treasurer shall immediately cause to be printed in a neat form and shall issue, in discharge of claims against the Government and drafts against the Treasury, the amount of one hundred and fifty thousand dollars in Treasury notes, * * * specifying on the face thereof, that they shall be received in payment for lands and other public dues, or redeemed with any monies in the Treasury not otherwise appropriated." Of cour.se, with no mone) in the treasury, and little prospect of get- ting any, these notes were practically worthless from the day of their issue. But from the beginning it was felt that a loan from the United States must be the chief hope of the country for money, and on Novem- ber 12, as we have seen, the consultation appointed Stephen F. Austin, U'illiam H. Wharton, and B. T. Archer conmiissioners to the United .States, with such powers and instructions as the "governor and general council may deem expedient." The council was strangely dilatory in preparing these instructions. A select committee appointed for that purpose reported, November 21, that upon considering the matter, they : "Are unable to find any acts of the Convention or of this Council, whereon to base instructions for said agents, or any data which can guide your committee in an opinion of their duties, but from all the information thev can obtain, your committee have concluded that the agents should receive their instructions from the Executive; but in order to enable the Governor to give the necessary instructions, an ordinance should first be originated by the Committee of State, and passed and approved, defining in general the powers and duties of the agents. * * * B^,t your committee can not advise that the Committee of .State be instructed upon this subject with propriety, until the reports of the several committees on the Military. Navy, and Finance have been received and passed." At the end of nearly two weeks the council had passed to its third reading an ordinance to create a loan of a million dollars, but there it halted until the governor took up the matter, in his message of Decem- ber 4 : "It must be acknowledged by all," he said, "that our only succor is expected from the East, where as yet we have not dispatched our JllSI\)kV OF riCXAS 219 agents. Sufficient time has elapsed since the rising of the Convention for them, by this time, to have arrived in the United Stales. They have called on me in vain day after day, time after time, for their dispatches, * * * and they arc not yet ready. I say to you, the fate of Texas depends upon their iinniediale di>patcli and success. * * * Permit me b> beg of you a susjiensinn of ;ill utiur business, muil oiu' l''oreign .Agents are disj)atched." Thus bestirred, the council innnediately passed the bill providing for a loan, and tlie next day ])assed an ordinance outlining the instructions which the governor should give the commissioners. 15oth bills were ap- proved on December 5. For the loan, the governor was required to make oiU ten bonds of $100,000 each, payable in nol less than live nor more than ten years; and with these the commissioners were "by all jiruper ways and means, by .sale or pledge" to secure the loan, "or such part thereof as they can effect, upon the best terms the market atlfords, not exceeding ten ])er cent per annum." In case these bonds should not be accepted as sufficient security, the commissioners were instructed "to ])ledge or hypothecate the public lands of Texas, and to pledge the public faitli" — everything, in fact, that Texas posses.sed. With this authority, the governor lost no time in issuing commissions to the agents, and their private instruc- tions were ready for them on December 8.* PiiU more than two weeks elapsed again before they sailed for New Orleans. On January 10 the commissioners notified ( iovernor .Smith that they had arranged for two loans aggregating $250,000. The fact that this could be done in New Orlepns. where the Texas situation was so well known, they considered it ])articularly encouraging and of good augury for success in other parts of the L'nited .States. It will be seen from their terms that the.se so-called loans were reall\- nothing more than contracts for the purchase of five hundred thousand acres of land at fifty cents an acre; but the commissioners thought themselves very fortu- nate to get money on any terms. "In fact, rather than have missed the loan," they wrote, "we had better have borrowed the money for five years and given them the land in the bargain." They were of the o|)inion, moreover, that the loan would increase the interest in Texas ; the lenders, ihey said, had alreadv offered to lane! in 'iCxas within six weeks five hundred volunteers. The first loan, of $200,000, was subscribed by (en men, four of whom were from Cincinnati, three from Kentucky, two from Virginia, and one from New Orleans. Ten per cent f)f the amount was paid dow-n ; the balance was to be paid upon ratification of the contract by the convention, which had been called for March 1. The amount advanced was to bear •Besides negotiating this loan, they were to make arrangements, for fitting out a navy, procure supplies for the army, receive donations and. finally, proceed to Wash- ington and find out the attitude of the Government toward Texas. They were to learn whether any interposition might be expected from the United States, or whether "any ulterior move on our part would be more conmiendable and he calculated to render us more worthy of their favor, or wdietlur by any fair and honorable means Texas can become a member of that Repiddic." In short, thc\ were to learn whether. if Texas shoidd declare independence, the I'nited .States would immediately recognize it and form an offensive and defensive alliance. 220 HISTORY OF TEXAS eight per cent interest, and the lenders might, if they chose, take land in repayment for this and future instalments at the rate of fifty cents an acre. In case they elected to take land — and all of them intended to — the government was to survey and plot it in tracts of six hundred and forty acres each, and they must make their selection within two months after publication of a notice that the lands were ready. Article fifth provided that "no grant or sale of land shall be made by the government of Texas, from and after the date hereof, which shall not contain a full reservation of priority for the location to be made under this loan." but this was not to apply to vested rights already existing, .\rticle sixth, a little more sweeping, declares that "none of the public lands are to be offered at public or private sale until after the locations hereinbefore provided for shall have been made." For the faithful performance of this contract, the commissioners pledged "the public lands and faith of the government of Texas," but even after its confirmation the lenders re- .served the right of declining to pay the balance. The second loan was for $50,000, and seven of the twelve subscribers were residents of New Orleans, while three were from \'irginia and two were from Kentucky. This loan was supposed to have been in cash, but Austin for some reason estimated that it would yield them net but $40,000. Gouge, however, who wrote from documents, some of which are not now accessible, says in his Fiscal History of Texas that the amount actually received was $45,802. The conditions of this loan were the same as those of the first, except that priority of location was reserved to subscribers to the first, and that the commissioners j)ledged their per- sonal property for the ratification of this contract by the convention. To the lenders this was simply a gigantic land speculation. They bound themselves by mutual agreement not to sell to any outsiders for less than $1.25 an acre, and began forthwith to "boom" Texas lands both by letter and in the public prints. The Texans were at first glad enough to get money on any terms, and such expressions as were made at the time favored prompt ratification of the contracts in order that the remaining instalments might become available. But before the con- vention met considerable opposition was being manifested to the pro- vision which secured to the lenders prior rights of location. It was felt that this would make it very difficult for the government to find additional purchasers for its public lands, and after the establishment of the government ad interim President Burnet, with the approval of his cabinet, refused to ratify the contract. After a good deal of nego- tiation the contractors agreed to surrender their right to prior location in return for a bonus of thirty-two leagues of land, and on June 3, 1837, and May 24, 1838, congress appropriated lands at the rate nf fift\ cents an acre to settle their claims for the money advanced. The work of the commissioners extended beyond the life of the pro- visional government, but it will be best to follow them here to the end of their mission. Greatly encouraged by their success in New Orleans, they continued their activities in the United States. They were offered a loan of $50,000 in Mobile on the same terms as the New Orleans loan, but for some reason nothing ever came of it. Elsewhere thev were not so well received. 1IIST()I■;^■ OF TI'.XAS 221 Men hesitated to risk their iiiuiifv in Texas until a declaration of inde- pendence was made, and though the commissioners urged this step upon the government time after time, no attention was paid to them. Indeed, as late as April 24, nearly two months after the declaration was made. .\ustin complained that they had heard from the government not "one word." To make matters worse, there spread through the country rumors of the unchecked advance of the Mexicans and of the unfortunate quarrel between the governor and council, and it is not strange that the most strenuous efforts of the commissioners were in vain — although, as Whar- ton said, "we offer to the lenders to pledge all we have on earth, even to our wearing apparel." On April 11 Austin made an ingenious proposition to President Biddle of the United States Bank for a loan of $500,000. The proposal was to deposit in the United States Bank Texas bonds for $500,000, bearing eight per cent interest for ten years, upon which the bank should issue stock certificates at $100 each for the same amount. These stocks were to be offered to the public for a cash payment of $25, with notes at sixty, ninety and a hundred and twenty days for the balance. The notes were to be discounted by the bank, and all the money thus obtained should be paid over to the commissioners. At the end of five years the state would begin the redemption of the bonds, and would take up one- fifth annually. Biddle sympathized with the Texans, but he could not accept Texan bonds as bankable security. On the 15th, Austin made a frantic appeal to President Jackson and Congress for a share of the $37,000,000 surplus in the national treasury, but naturally nothing came of that. Two weeks after Austin's appeal to President Jackson arrangement was made for a loan of $100,000 in New York on the same plan as the N'ew Orleans loans. The lenders in this case had the ojition of taking land in repayment at twenty-five cents an acre, but since the expense of issuing stock certificates and surveying the land was to be borne by them, it is doubtful whether they enjoyed any advantage over the former lenders. Ten per cent of the loan seems to have been paid, but only $7,000 can be accounted for. Austin deposited $5,000 with William Bryan in New Orleans, June 12, and $2,000 was paid to Wharton. The commissioners themselves admitted that they did not expect this loan to be ratified, "unless the prospects of Texas were gloomy even to desperation." It is evident that the actual cash handled by the governmcnl during the war was not great. The treasurer reported on March 1, IS.Vi. thai he had received and expended since November 28, 18.^5. $3,981.85. The amount was yielded principally by the revenues of Texas, but if any other sums ever came from the same source the fact is not revealed by the records. Donations, it seems certain, did not exceed $25,000, and much of this was in kind : while the loans amounted, it was said, to $100,000. The total indebtedness of the government at the end of .'\ugust, 1836, was estimated by the treasurer at $1,2.50,000. Of this amount there was due for loans $100,000. on account of the navy $112,000, to the army $412,000, for supplies $450,000, and for civil and contingent expenses S118.000. The remaining ?;fi0.000 is not itemized. Some of these claims 222 HISTORY OF TEXAS were ]);ii(l in land, but the most of them were discharged with treasury notes, which subsequently were unmercifully scaled and redeemed. Such debts as remained unpaid at the time of annexation were ])aid from the ten million dollars which the state received from Congress in 1850. Other subjects to which the general council devoted sotne attention were the enlistment of co-operation by the Mexican Liberals and con- ciliation of the Indians — chiefly of the Cherokees and their allies. L'ndoubtedly one reason of the consultation for declaring on Novem- ber 7. for the constitution 1824 was the ho])e of receiving assistance from the Mexican Liberals, and it was much encouraged a few days later b\- news that General Mexia — he who had visited Texas in the interest of .Santa Anna during the troubles of 18v32 — had organized a small force in New Orleans and was preparing to make a descent upon Tampico in the interest of the Liberals. On November 12 a committee of the consultation reported that the rumor of unsettled conditions in Mexico "gives hopes of a co-operation of otu" Mexican brethren in the glorious cause of liberty and the constitution, in which Texas has set the noble example." This feeling can only have been increased by the arrival of Governor Viesca and Col. Jose Maria Gonzales, the latter bringing with him about twenty Mexican soldiers. He had formerly served in the Mexican army and had at one time commanded several companies of cavalry that were then de- fending Bexar. Austin and Fannin believed that he could induce these to desert in a body. Gonzales came before the general council, November 30, and. after having explained to him the declaration of the 7th, offered his services and was accepted ( December 3) as "a volunteer to defend the repub- lican principles of the constitution of 1824, and the rights of Texas." He was ordered to retain command of the Mexicans under his charge and report himself to General Burleson at Bexar. An advance of $500 was made to him to dcfrav necessarv exjienses of himself and men. He cannot have arrived at Bexar in time to have caused much dissatisfac- tion among its defenders, but the day after its fall we do find him issuing a proclamation to his old comrades in arms, urging them to help the Texans support the standard of federation. In the meantime. General Mexia. returning from his disastrous expedition to Tampico, reached the mouth of the Brazos, December 3, and asked the government to inform him how he could best use the men under his command to the advantage of the federal cause. Almost simul- taneously came Cajit. Julian Miracle from Mier, saying that the Liberals (if Tamauliiias and Nuevo Leon were readv to join the Texans, if they were fighting to sustain the federal system and not for independence. Canalcs, a lawyer of Mier, was alreadv at Palo Blanco, he said, within two days' march of San Patricio, with two hundred men; and the Mexi- can garrison at Lipantitlan was readv to join Canales or Gonzales at any time. In reply to General Mexia the council first instructed William Pettus and Thos. F. McKinnev to help him in any way necessary to enable him to proceed to the interior and carry the war into the enemy's country ; but on the 10th it asked him to go to Bexar and reinforce the besieging army there. For the information of the Liberals whom Cap- tain Miracle represented a committee was appointed to prepare an address HISTORY OF TEXAS 223 It) tlie Mexican people. Their re])ort was adoi)tecl on the 11th. and Miracle, with five hundred cn|)ies printed in S])anish. was returned post haste to his friends : "The Genera] Council of the Provisional (iovernment of Texas to the Mexican people : "The people of Texas have taken up arms in defence of their rights and liberties, menaced by the attacks of military despotism, and to sustain the re])ublican jirinciples of the constitution of 1824. The Mexican nation ought to be fullv informed on this subject, in order to correct the falsehoods circulated bv the Centralists, who have attempted to calumniate the Texans by ijiving to the revolution here, a character very different from the true one. and painting it in the blackest colors. "Texas has solemnly declared her principles in the declaration of the seventh of November last, made by its representatives, and has called God to witness the sincerity and purity of her intention. The people of Texas could not have acted in any other manner, and every free man would have done the same who appreciates his own dignity and was able to resist slavery. "Texas was left without any government, owing to the imprison- ment and dispersion of the Executive and Legislative authorities of the state by the military Centralists, and everything was rapidly fall- ing into anarchy and ruin. It certainly was not the fault of the Texans that this state of things existed. They were living in peace when the revolutionar\- flame reached their homes ; their situation may be compared to that of a peaceful village that is suddenly assailed by a furious hurricane, which menaces ruin and death, from which the inhabitants seek safety by any means in their power, without being in any manner censurable for the impending danger, nor for trying to shield themselves from its effects. The truth is. that a storm which originated elsewhere, threatened to involve them in its desolating ravages. They wish to save themselves as they have a right to do. by the law of nature. "Faithful to their oaths, they wish lo defend the constitution, and for this their enemies have declared a war of extermination against them, and are trying to deceive the liberal Mexicans with false reports that their objects are different from those expressed in the before- mentioned declaration. God knows this to be a malicious calumny, circulated for the ])urpose of consolidating centralism, by trying to miite the I*"ederalists in its ranks against their friends the Texans. "Very dearly indeed have the Texans ac(|uire(l their homes in this country, which but a short time since was .-i wiblerness infested by hostile Indians. It is just and natural that the\- should wish to preserve them, in conformity with the guarantees of the F'ederal com- pact under which they were acquired. It is equally so. that they should obey the first law which God has stamped upon the heart of man civilized or savage, which is self-preservation. "The Texans have therefore taken up arms in defence of their constitutional rights, in fulfillment of their duties to the Mexican confederation .-itid nf the most sacred obligation to themselves. 224 HISTORY OF TEXAS "They have organized a local Provisional Government, to provide for their security as a part of the Mexican confederation should it again be re-established. Can it be possible that the whole nation will declare war against us because we wish to comply with our obligation in favor of the constitution, and because we wish to defend the rights which God has given to man, and which the Alexican nation has solemnly guaranteed to us? No, it cannot be believed. The free Mexicans are not unjust, and they will take part in our favor. "To arms, then, patriotic Mexicans. The Texans, although a young people, invite and call you to the contest which it is the duty of all to sustain against the perjured centralists, separate as we have done from the Central Government, and declare eternal war against it; let us sustain the federal compact, restore the federal system and firmly establish the liberties and happiness of our country. In this great work you will receive aid and assistance from the Texans, .so far as their limited resources will permit, as they have offered in the second article of their declaration." But the government was not agreed on a policy toward the Mexi- cans. Governor Smith said that he had no faith in them. He vetoed on the 9th an ordinance for the relief of Mexia, and wrote the same day to Burleson, saying that the council had fitted out Gonzales with- out his knowledge or consent. "You will keep a strict eye on him," he admonished, "and if he should seem not to act in good faith I now order you to arrest him and his men, disarm them and hold them as prisoners of war subject to my order." The council, too, without just cause, it appears, lost confidence in Mexia. He did not go to Bexar, as requested, though most of his men — all of whom were Americans — did, and he sent with them a proclamation to the Mexicans of the garrison, some of whom he had once commanded, asking them to join the Texans. Mexia himself returned to Xew Orleans; Miracle is not again heard from, though reports arrived from time to time of the movements of his patron, Canales, on the Rio Grande ; Gonzales, also, after the fall of San .■\ntonio, drifted toward the Rio Grande frontier, and is several times mentioned as being at the head of two or three hundred Mexican troops south of San Patricio. Thus the hope of Mexican co-operation, at best rather exotic, faded away. The convention issued the declaration of independence on March 2. And this, of course, quashed anv sentiments of sympathy that the extremely small party of Liberals in ^^lexico may have felt. On December 22, the council appointed General Houston, John Forbes, and John Cameron to treat with the Cherokees and on the 26th they were instructed to proceed to Nacogdoches at once and negotiate a treaty, pursuing in all things "a course of justice and equity towards the Indi- ans." They were to conform in very respect to the resolutions adopted by the consultation on November 13. Houston was granted a furlough by the governor to carry out this mission, and he and his fellow com- missioners signed a treaty with the Cherokees on February 8, 1836. The most effective work of the provisional government has now been described. The further history of that body is concerned mainly with the unseemly quarrel which developed between the governor and the cotmcil. and ibis will be treated in a later chapter. CllAPTllR XVI THE CAl'TURE OF SAN ANTONIO We left the volunteers ;it San Antonio on October 31. Austin, with tile main division of the army, was occupying a position above town at the Old Mill, and Howie and Fannin, with a smaller force, were hold- ing Mission Concepcion. On that day, as we saw, Austin informed Bowie and Fannin that sonic of the Mexican soldiers w-ished to desert to the Texans and outlined a plan for creating a diversion to cover their movements. Fannin and Bowie accejited this plan, but suggested that the two divisions of the arniv should unite, if the deserters did not join them within five days. The communication reached .\ustin on Novem- ber 1, and he replied: "1 sent a demand today for a surrender. General Cos stated that his duty would not permit him to receive any official communi- cation, and of course it was returned unopened. He in a short time after sent out Padre Garza, with a flag, to say to me verbally, that he had absolute orders from his government to fortify Bexar and hold it at all hazards, and that as a militarv man his honor and duty required obedience to the orders, and that he would defend the place until he died, if he had only ten men." The demonstration was made as agreed upon, but no deserters took advantage of it to leave the Mexican ranks. It did result, however, in another shift in the position of the Texan forces, Bowie and Fannin writing Austin at three o'clock in the afternoon of November 1 that the men had been so pleased with ;i position :ibout eight hundred yards below town : "That we determined In occupy it, and have in consequence brought up the baggage, etc. from Concepcion, and have thrown a rough bridge across the river, and thus occupy both banks. We are resolved to hold it as long as our members can justify it. and it meets your approbation. We arc exposed, and they must certainly know our foree. and may attempt in all probability to dislodge us. .Should we be uninterru])ted tonight, we will endeavor to strengthen the post. Will you allow us to once more say that a more ecjual division of the forces [is desirable]." On the next day (November 2) both divisions of the army held councils of war to decide whether to attemj^t to take the town by storm or by siege, and both decided in favor of a siege. The officers in the division under Bowie and l-'annin advised a union of the two forces, and Austin's council resolved "that such positions should be taken for the army at present as would secure it from the cannon shot of the enemy and enable it at the same time to carry on the offensive o])erations, while we are waiting for the large 18 pound cannon and additional reinforce- ments." In con.sequence of the resolution the main force was now moved back to Concepcion, but a detachment still remained at the Old Mill. Little progress was made. On November 5, Captain Briscoe's com- pany went ntit to scour the country Inward the Rio Frio, and Travis 22.'? VOL. I— 15 • 226 HISTORY OF TEXAS accompanied it as a volunteer. Briscoe decided to return on the 8th. but Travis called for volunteers and continued to reconnoiter. On the 10th he captured a drove of three hundred horses which General Cos several days before started to Laredo. This was one of the most im- portant incidents of the early part of the siege. On the 14th. Austin wrote to the consultation informing it of Tra- vis's success. "The enemy is closely shut up in Bexar," he said, "and more and more discouraged every day. All we need is perseverance and reinforcements, to keep up the army. I entreat the Convention to hurry on reinforcements to keep up the army, with all possible dispatch. Ihe Alamo and the campaign will soon end. There is very little prospect that the enemy will get any aid from the interior." This letter was received by the general council, which on the 19th made it the basis of a stirring appeal to the people of Texas for reinforcements : "The foregoing letter * * * speaks a language too cheering in prospect of success against our enemies not to arouse the most ardent patriotism in the bosom of every friend of liberty, and es- pecially in the hearts of our fellow citizens of Texas. By a reso- lution unanimously adopted in your Council, we are prompted to call upon our fellow-citizens to rally around the standard of their country, and unite in accomplishing the glorious object contemplated in the letter from the Commanding General before Bexar, and rid Texas of the last vestige of her enemies." f HISTORY OF TEXAS 227 On the 18th General Austin wrote again to the consultation report- ing recent movements of the enemy and of the besieging army ; "In my last I communicated the taking of a cavalado of 300 horses by a detachment under the command of Captain Travis — I now enclose his detailed report and beg leave to recommend the serv- ices of Captain Travis and the men who composed his party. "On the 9th inst., I received information which was entitled to attention, that a reinforcement was on the road from Laredo to join General Cos. I immediately ordered Captain Fannin to take com- mand of sixty-five men from the encampment at the Mission Concep- cion, which were to have been joined by an equal number from the en- campment above Bexar and to proceed on the Laredo road to inter- cept the reported reinforcements. Captain Fannin marched promptly but was not joined by the party from the upper camp. He, however, proceeded on the Laredo road as far as Rio Frio. He returned last night — I enclose his official report. This officer has been very efficient and I recommend him as one of the officers of the regular army when it is organized. "On the 14th, I received information that Colonel Ugartechea left Bexar the night before for Laredo, supposedly for the purpose of es- corting the expected reinforcements — I immediately despatched Col. Burleson with 130 men in pursuit of him — I have since learned that Ugartechea had a man for a pilot who has lived with the Comanches and that he will make a great circle by the hills on the head of the Medino. The prospect of Burleson's meeting him is therefore doubt- ful — According to the best accounts reinforcements have not yet left Laredo. — the enemy are shut up in the walls and fortifications of Bexar, parties of our volunteers go around the town daily and within cannon shot. We have picked up about twenty of their six-pound shot — I have heretofore on various occasions submitted to a council of officers the storming [of] the fortifications and I am now decidedly in favor of that measure as soon as the New Orleans Greys get up from Goliad and Burleson's detachment returns. "The works are stronger than they were, but are greatly extended and consequently the defending force is very much scattered ; the troops inside are also very much discouraged, and begin to consider the contest as hopeless, cut of? as they are from resources, with a wil- derness in the rear which has been burnt nearly all the way to the Rio Grande on all roads, Bexar must fall in a short time for want of resources without loss on our jjarl, and I think it could be stormed successfully though at a very considerable risk of losing men — My health, which has been very bad from a very severe dysentery since the army left Cibolo, has improved within the last few days very much — The army has done all that could have been done under the circumstances and without materials and organization, which latter is purely voluntary — It deserves great credit for its sufferings and perseverance — I have every confidence that a short time will end this campaign." 228 HISTORY OF TEXAS Aftt-r writing this letter Austin received from the general council notice of his selection as commissioner to the United States, and at three o'clock he wrote again to the provisional government : "I can only say that I am ready at all times to serve Texas in any station where it is considered I can be useful. Some prudence will be necessary to keep this army together should I leave at once. 1 therefore cannot at this time say when I can be in San Felipe, but will give you the earliest possible information on this subject." On the 21st Austin gave the order for an assault on the town, but Col. Edward Burleson and Col. Philip Sublett, who were now command- ing the principal divisions of the army, notified him that their officers were unwilling to make the attempt at that time and the order was withdrawn. On the 24th, the army was mustered and informed that Austin was cumpelled to proceed to the United States as a commissioner under his recent appointment. Volunteers were called for who would pledge them- selves to remain before Bexar until it fell, and four hundred and five oflfered themselves. At the same time an election was held to choose a new commander-in-chief, and the choice fell upon Col. Edward Burleson. Austin then proceeded to San Felipe, where on November .Wth, he made to the provisional government a long report on the serv- ices of the volunteers : "That their services have been and now are, in the highest pos- sible degree, useful and important to Texas, is very evident. Had this army never crossed the river Guadalupe, a movement which some have condemned, the war would have been carried by the Centralists into the colonies, and the settlements on the Guadalupe and La Baca would probably have suffered, and perhaps have been broken up. The town of Gonzales had already been attacked, and many of the settlers were about to remove. "What eflfect such a state of things would have had u|)()n tin- moral standing and prospects of the country, although a matter of opinion, is worthy of mature consideration; and more especialh'. when it is considered that, at that time, the opinions of many were vacillating and unsettled, and much division prevailed. The volun- teer army have also paralyzed the force of General Cos. so that it is shut up within the fortifications of Bexar, incapable of any hostile movements whatever, outside of the walls, and must shortly sur- render, or be annihilated. The enemy has been beaten in every contest and skirmish, which has proven the superiority of the volun- teers, and given confidence to everv one. Our undisciplined volun- teers, but few of whom were ever in the field before, have acquired some experience and much confidence in each other and in them- selves, and are much better prepared for organization, and to meet a formidable attack, than they were before. "The post at Goliad has been taken by the volunteers, and the enemy deprived of large supplies which were at that place, and of the facilities of procuring others by water, through the port of Copano. which is also closed upon them by the occupation of Goliad. The enemv has been driven from the river Nueces bv a detachment of the iiisToKV oi-" 'rr.XAS 229 \ ukiiUt.c'r.> who {garrison Cjoliad, aided by the palriutic suns of Ireland from Power's colony. More than one hundred of the enemy, in- cluding many officers, have been killed ; a great many have been wounded, others have deserted, and a valuable piece of brass cannon, a six-pounder has been taken, and another preserved (the one that was at Gonzales) from falling into the hands of the enemy. Three hundred head of horses have been taken, and the resources for sustaining an army in Bexar are all destroyed or exhausted, so that an enemy in that place is at this time more than three hundred miles from any supplies of breadstuff and many other necessary articles. .•Ml this has been effected by the volunteer army in a little more than one month, and with the loss of only one man killed in battle, and one wounded (who has nearly recovered), before Bexar; one wounded at (Goliad, and one at Lipantitlan, on the Nueces. In short, the moral and political influence of the campaign, is ecjuallv beneficial to Texas and to the sacred cause of the Constitution and of Libert)', and honorable to the volunteer army. This army is composed, prin- cipally, of the most intelligent, respectable, and wealthy citizens of the country ; and of volunteers from Louisiana and Alabama, — men who have taken up arms from [jrinciple. from a sense of duty, and from the purest motives of patriotism and (jhilanthropy. They have bravely sustained the rights of Te.xas, and the cause of Mexican Liberty, and patiently borne the exposure and fatigue of a winter's campaign during the most inclement, wet, and cold spell of weather known in this country for ma/iy years. The most of them are men of families, whose loss would have made a fearful void in our thin community. They might have been jirecipitated upon the fortification of Bexar, which were defended by seven or eight hundred men. and a number of cannon, and taken the place by storm, against superior numbers ; and Texas might, and in all probability would, have been covered with mourning in the hour of victory. On con- sultation with the officers in councils of war, it was deemed most prudent not to hazard so much in the commencement of the contest, when a disaster would have been so materially injurious ; and the system was adopted of wasting away the resources and spirits and numbers of the enemy by a siege, the ultimate success of which appeared to be certain, without any serious hazard on our part. That the fall of Bexar within a short time. ,ind with a verv little loss, will be the result, I have no doubt." Two days after .'\ustin's departure from San Antonio occurred what was called the "Grass Fight." The facts of this affair of November 26 are as follows: It was known that Colonel Ugartechea was expected with reinforcements for the garrison or with money to pav off the troojjs. .Scouts of small detachments were kept out constantly by the Texans to cut Cos's communication, and to capture foraging parties. Colonel |ames Bowie, with a small detachment, was out on this service, with orders to keep a lookout for Colonel Ugartechea. and report to headquarters. On the morning of the 26th, while out in the direction of the ujiiJcr crossing of the Medina River, he discovered a body of Mexicans which he mistook for Ugartechea's advance, lie immediatclv dis[)atched Deaf Smith to 230 HISTORY OF JEXAS headquarters with the information. Smith arrived at headquarters about the middle of the afternoon. The news brought by him created quite a stir in camp — all were ready to march and capture Ugartechea and party. Colonel Bowie in the meantime fell back towards town, keeping the enemy in sight, and when within one or two miles of the town took a strong position in a ravine, with nearly perpendicular banks from three to six feet high, and awaited the advance of the enemy and reinforce- ments from camp. At this point he held the enemy in check till troops from camp arrived on the ground. In the meantime General Cos, seeing the stir in the Texas camp, divined the cause and ordered out a strong detachment, with one piece of artillery, to the aid of his foraging-party. The Texans, when the order was given to go to the relief of Bowie turned out, some on horseback, others on foot, without regard to order of march, and moved in double-quick for the scene of action. .A.s they arrived they took position in a ravine nearly at a right angle from that occupied by Bowie. When the main force got up, there being no enemy in sight, a company, Capt. James G. Swisher's, advanced to the high ground in front of the ravine. The enemy, who had taken position in a ravine nearly parallel with that occupied by the main force, opened fire on the Texan lines with artillery and musketry. They had fired several rounds, with no other result than a waste of their ammunition. The Texans did not return the fire, for the reason that the enemy was not only invisible but protected by the banks of the ravine. At this stage of affairs. Captain Swisher, who had discovered the position of the enemy, at the suggestion of Colonel Johnson, with his company, charged the piece of artillery, supported by infantry, at the head of the ravine, and drove them down on the main force. The Texans from the ravine ad- vanced and opened fire on the enemy, but at too great a distance to do much execution, if any at all. The Mexicans retreated rapidly to the town, the Texans pursuing till within range of the guns of the town, when they were ordered to fall back, and occupy their first ground. Seeing no movement by the enemy to move their animals and forage, orders were given to return to camp. This was a brilliant affair, though conducted without any regular order of battle — each one fought on his "own hook." The spoils of victory were a large number of horses, mules, saddles, bridles, blankets, ropes, and a large number of packs or bales of grass, the latter was set on fire. The loss of the enemy, if any. is not known except one man left on the ground with his thigh broken. Col. Thomas J. Rusk, a former aide of General Austin's, was present and acquitted himself with his usual gallantry. His account of the affair is here inserted. "For several days previous to the 26th of November. 1835, Col. Ugartechea was expected to return from Laredo with a reinforce- ment variously estimated from four hundred to eight hundred men. Deaf Smith had been for some days on the lookout in the direction of Laredo and on the morning of the 26th, he was seen coming across the field at full speed making his way to headquarters. He came in and stated that a body of Mexicans which he supposed were the reinforcements were about five miles west of town and coming HISTORY OF IKXAS 231 in. General Burleson ordered out about forty cavalry under the command of Colonel Bowie to intercept and delay them until about one hundred and sixty infantry, which he ordered out, could come up. Smith said he thought the Mexican force was about five hundred strong. The men were immediately in motion, and in a rapid march Bowie dashed on with his horsemen and intercepted the enemy about a mile from town and about four miles from our camp. It turned out to be about one hundred and fifty Mexican cavalry who had been sent out of town for the purpose of procuring grass for their horses. Bowie immediately commenced an attack upon them and ordered his men to dismount and take a bank. The Mexicans also dismounted and took a ditch and sent back to town for a reinforcement. At this time, Bowie's guns commenced firing. The infantry had just arrived at a creek which was about waist deep and about a mile in a direct line from where Bowie commenced the fight but about two miles the way we had to march. .Some cavalry had been seen a moment before Bowie's engagement commenced and something was said about taking a favorable position to fight them but on hearing the commencement of the firing the men jumped in and waded the creek and advanced at a run to reinforce Bowie. When we got in half a mile of him the firing ceased. We advanced rapidly but with very little expectations of getting into a fight. The grass party had retired and got into a ditch and were waiting for the reinforce- ment from town, which was then coming, consisting from the best in- formation I could gather, of about five himdred men and one piece of artillery. I think a six-pounder. We were not apprized of the position Bowie occupied and marched in between the grass party, and the rein- forcement, who were apprized of our situation and we not of theirs. They waited very quietly until we passed a little eminence that was between us and them and then gave us a general fire which threw our men into confusion. An order was given to lie down, followed im- mediately by an order from some one to retreat. It is due to Burleson to say that this order was not given by him, nor do I know by whom. At the same time an order was given to charge, and about fifty of our force did charge. In the charge we got in some forty yards of where the grass party were lying concealed on our right and the reinforcement gathered to our left. The grass party then opened a fire on us, which was repeated before we could discover where they were. Their force was about a hundred and thirty, Bowie having killed and wounded about twenty. Fifteen of our mess charged on them and routed them from the ditch, killing and wounding several of them. They ran entirely off the field and I do not believe that they again joined in the fight. Our forces were by this time scattered over about one hundred acres of ground, and in small parties, every man fighting pretty much on his own hook. We, however, kept advancing upon the enemy and they falling back. We got in about eighty yards of the cannon, when it was discharged on us with grape and cannister and run back a short distance, where they halted and fired again. They then attempted a charge with I think about a hundred and fiftv cavalr\- on about fortv of our men 232 11 IS TORY ()!• TEXAS who were occupying a little eminence on the field to prevent the enemy bringing their cannon to that point, which would have given them an advantage. The cavalry came up at a beautiful charge until they got within about one hundred yards, when they broke their ranks and fell back. They twice repeated this attempt at a charge but failed to get any nearer us than about one hundred yards. About this time the Morales BattaHon was brought up to drive our men from the eminence. These men advanced with great coolness and nravery under a destructive fire from our men. preserving all the time strict order and exhibiting no confusion. They got up in about twenty j^ards of our position ; all our guns and pistols had been fired off and we had no time to reload and must have tried the butts of our guns against their bayonets but for the fact that some of our men who were fighting in a different place, hearing the steady fire * * * at that point attempted to come to them and in com- ing across the field ran nearly upon the enemy's cannon. The Mexi- cans took it for granted that it was an attempt to take their cannon and ordered the Morales BattaHon to reinforce the cannon. They soon after retreated until they came under cover of the guns of the town. Col. Bowie joined us soon after the fight commenced and acted with his usual coolness and bravery. During the engagement a little boy was sitting down behind a bunch of small thorn bushes loading his gun. The cannon was fired and the whole charge of grape and cannister struck the bushes and tore them literally to pieces, but the boy escaped unhurt. During the engagement a Mexi- can officer who had acted with great bravery charged alone in the midst of our men and was shot off his horse by one of our men. The fight I think lasted about an hour and a half. The number of the enemy killed has been variously estimated from forty to upwards of a hundred. I think the latter the most accurate. They carried off during the engagement a number of the dead, as I saw myself .several dead men carried off on horseback. During the fight Genl. Burleson, Col. Jack, Col. Sublett, Col. Somervill, Col. Johnson, and Adjutant Brister were all on the field. Adjutant Brister, who has since been killed, acted with great bravery during the whole of the fight, and old Mr. Burleson, the father of Genl. Burleson, particu- larly distinguished himself. After the battle was over we formed and waited about an hour, and marched back to camp, where we arrived a little after dark. We had four men slightly wounded and one of our men ran away and was never heard of until he got to Gonzales, about seventy five miles." These little affairs not only served to break the monotony of camp life but to keep the volunteers in good spirits, notwithstanding the inclemency of the weather, want of proper clothing, blankets, and tents. The Provisional Government did what it could to supply the wants of the army. Texas was without a treasury, and without credit. Of this the volunteers were aware and they made no complaints, but performed their duty on all occasions with alacrity. They were gov- erned by no law except their own sense of right and duty ; their patriotism and love of country predominated and imbued every heart ! IIISIOkN' ()!■■ ri;.\AS 233 1 will notice an error into wliicli Vujikum was draw n. in which he does the volunteers great injustice. He says: "After the departure of General Austin, the besieging army before San Antonio came very near being broken up. This threat- ened dissolution originated from a projected enterprize against Matamoras, with the hope of obtaining the co-operation of a large force of Mexican liberals. Dr. James Grant, an Englishman, some time before domiciliated about Alonclova, and one of the legis- lators dispersed by General Cos, was the cause of this movement. He published an account of the exposed condition of the interior of Mexico — representing that Alvarez was active in the South, and had taken .\capulco ; that Guzman and Montenegro had an army of twenl\ -one hundred liberals in the State of Guadalajara ; that Puebla, with the governor at its head, had refused to publish the centralizing decree of the 3rd of October, and the people were rising en masse to defend their liberties; that V'alladolid had protested in the strongest terms, and was raising her civic militia ; that Oajaxa had made a like protest and was also preparing for defence ; that Zacatecas was ready to take the first opportunity to avenge her wrongs ; so also was Durango ; and that Tamaulipas and New Leon would rise the moment an attack was made on -Matamoras, and San Luis Potosi would instantly follow. These, with the further representations — made, no doubt, honestly by Grant — that Santa Anna was sadly distressed for want of funds to carry on his despotic plans, and that his army was scattered and could not be safely united, served to turn the heads of many of the leading men of Texas. It was supposed that they had only to show themselves on the right bank of the Rio Grande, when the whole of Mexico would rally around them! They never reflected that since 1832 the Texans had been a by-word of reproach in Mexico, and that all parties then denoimced them as 'perfidious, ungrateful disturbers'." The facts upon which this fine-wrought story is based are these; Dr. James Grant was a .Scotchman, not "Englishman," a gentleman of literary attainments, urbane and social, and possessed of fine con- versational powers. He resided at I'arras, not "about Monclova," Coahuila, and owned a hacienda there, on which he was erecting mills for the manufacture of woolen and cotton fabrics; there was, also, on the estate a good vineyard from which he manufactured wine and brandy. It is true that Doctor Grant suggested the idea of taking Mata- moras, by which the government i>f Mexico would be deprived of a source of considerable revenue. He believed the project to be not only practicable, but of great ]>ublic ;idvantage to Texas, believing, as he did. that once in ])osscssi(>n of that town the Texans would be joined by large numbers of Mexican liberals. This [)roject was freely discussed by the volunteers of the army, but neither Grant nor the volunteers thought, much less intended, to break up the army. For, in the latter part of November, Grant was siiiierintending the building 234 HISTORY OF TEXAS of a furnace to cast cannon balls and a number of balls had been brought up from the missions below town for that purpose. From the time when the Texas army took, position before San Antonio de Bexar there had been a want of suitable ammunition for the three pieces of artillery, one of which was taken at Concepcion, noi; was either of them, except the last, properly mounted. True, exertions had been made to procure and forward heavier guns and a supply of ammunition, but so far without success. Indeed there was scarcely a musket and bayonet in the army : the principal arms were rifles with a few double-barreled shot-guns. The army was indebted to the enemy for a number of cannon balls which thej- fired at the Texan position, about one half of which fell short, struck the ground, and rolled forward. On these occasions, it was quite amusing to see two or three or a half a dozen in chase of the balls, which, when recovered, were from time to time returned in compliment to the enemy. In the last days of November, by way of breaking the monotony of camp life and to annoy the enemy, a trench was opened between the Old Mill and the Alamo, near the San Antonio River, and in point blank shot of the Alamo. The trench formed two sides of a right angled triangle, in which was placed at night the cannon, taken at Concepcion. Early the next morning the Texans opened fire, alter- nately on the Alamo and the town, which was kept up the greater part of the day. The effect of the fire is not known but it was reported by citizens of the tow-n that one or two in the Alamo were killed and wounded and that it produced great excitement in the town. It was, however, an unfortunate waste of ammunition on the part of the Texans, as will be seen in the sequel. The gun was withdrawn at night, and the party returned to their quarters. The question of raising the siege, and going into winter quarters, either at Goliad or Gonzales, or at both places, was being discussed at headquarters in the first days of December. However, on the 3rd of December a council of war was held at headquarters of the com- manding general, when it was resolved that the army should retire, and go into winter quarters at Goliad or Gonzales. This action, though approved by a majority of the officers and men composing the army, was regarded by others as fatal to the campaign, and would result in breaking up the volunteer force, which was then the last hope of Texas. It was urged that an evacuation of the Texans and the certain dissolution of the army would open up the whole country to the mili- tary, who would not be slow in following uji the ndv.nntage thus .'ifTorded them. On the 4th, marching orders were issued, and the (|uarterniaster was directed to have the trains loaded and read\ to move with the army on the 5th. About the middle of the afternoon, when most of the baggage wagons were loaded, and everything in readiness for the march on the next day, a lieutenant of the Mexican army, a deserter, entered our camp, and was taken to General Burleson's quarters. He reported the defences of the town weak, and that the place could be taken easily. After hearing his report. Colonel Johnson suggested to Colonel Milam to call for volunteers, that "now is the time." Most mSTOR^• OF TEXAS 235 of the army had gathered at the headquarters of General Burleson. Milam called in a clear, loud voice "who will go with Old Ben Milam into San Antonio?" Many answered "I will, " whereupon they were requested to fall into line. After a respectable number had formed in line, they were requested by Milam to assemble at the Old Mill, at dark, and there organize. It was tirst intended to enter the town in three divisions — one by Colonel Milam, one by Colonel William T. .•\ustin, and one by Colonel Johnson. However, on assembling at the mill it was found that we had but three hundred and one men. Hence, it was decided that the force should be divided into two divisions, the first, under Colonel Milam, aided by Major Morris; the second, led by Colonel Johnson, aided by Colonels Austin and Grant. The first division was composed of Captains York. Patton, Llewel- lyn, Crane, English and Landrum's companies, with two pieces and fifteen artillerymen, commanded by Lieutenant-Colonel Franks. The second, composed of the companies of Captains Cook, Swisher, Edwards, Ally, Duncan. Peacock, Breece, and Placido V'enavides. The first division was to enter the town by the first street running north from the public square, and occupy the De la Garza house, within musket range of the square ; the second division was to march near the river and take possession of the \'eramendi house. Thus organized and with the place of attack arranged, the two divisions took up the line of march just before day on the morning of the 5th of December. Erastus, or Deaf Smith and Norwich were guides of the second division, and H. .\rnold and John W. Smith, guides of the first division. It is i)roper to remark in this connection that after organizing and settling our plan of attack I suggested to Colonel Milam the propriety and necessity of waiting upon General Burleson, and requested him to hold his position until the result of the assailing party on Bexar was known. This I held to be a measure of not only prudence but of safety and would greatly increase our chances of success. Milam had taken offence at Burleson, supposing Burleson had favored going into winter quarters without making an attempt to take Bexar. In this opinion. Milam was mistaken. I'urleson was overruled in the council of war. The field officers comprising the council, almost to a man. voted to go into winter quarters. I waited upon General Burleson at his (|uarters. and requested a private interview, which he readily granted. ! informed him of the object of my visit, and explained how much both our safety and success de])ended upon his maintaining his position. He at once saw the wisdom and importance of pursuing the course I requested, and readily and cheerfully consented to do so, and assist in every way he could. This settled, and satisfied that (jencra! P.urleson would per- form all that he had promised, I left and re])orted success to Milam. Before following up the adwinciiig columns, we will state the division of General Cos's force, and the defences of the town. The first consisted of two divisions, one of which occui)ied the town, and the other the Alamo, with headquarters in the Hall of Justice, Con- stitutional Plaza. Of the armament of the .Manio. it is sufficient to 2.^6 IIISJ( )\<\ OF I l-.XAS say tliat it was well supplied with artillery, but of small calibre — four and six pounders. Of the defences in town, a breastwork, and one gun was thrown up at the northeast angle of Constitutional Plaza, also a breastwork and gun at the entrance of the street from the Alamo, in Constitutional Plaza. At the southeast angle of the same plaza was another work and one gun. .\t the southwest angle of Military Plaza was another breastwork and at the northwest angle was erected a breastwork with one gun, and a furnace for heating shot, .\bout mid- way of this plaza, north boundary, was a redoubt with three guns. The church is situated about the center of the two plazas. The priest's house in the northern boundary is nearly opposite to the church. The Navarro house on the satne line further west. The Zambrano Row is in the street entering the ^Military Plaza at its northwest angle. From the foregoing, an idea may be formed of the strength of the town, and the work the Texans had before them. The Old Mill, the encampment of the Texas army, was eight hundred or a thousand yards north of the town and Alamo. We will now return to the assailing parties and follow them into town. While we were engaged in town, Cos ordered out a squadron of his cavalry to attack General Burleson's camp. The attack was met and repulsed by a few rounds of canister and round shot from a six pounder. For full particulars and result, see the subjoined report by General Burleson to the government. The first division did not enter the town quite as soon as the sec- ond, on account of having to march a greater distance ; however, there was not more than five minutes' difference of time in their arrival. Colonel James C. Neill was ordered, with one gun and a suitable force, to cross the San Antonio River before da>' and take a [)osition, within range, and open a brisk fire on the Alamo, and therein- create a diversion in favor of the assaulting columns, and then return to camp. The second division on its march, near the town, was fired on b.\' the enemy's picket ; the shot was returned by our guard. Smith, thougli contrary to orders, and wounded the guard. With this interrujition only we entered and took possession of the Wramendi house, and without a shot from the enemy. This house formed an L or two sides of a square, the other two sides of stone or adobe, pickets, and earth thrown u]). The De la Garza house is a large building, hut without an)- enclosure. It is proper to say that these, and all the better houses of the town, have very thick walls — prooi against small arms and light artillery. The second division had barely time to make jiroper disposition of the several companies when the town and .\lamo opened ujion it witli artillery and small arms which were soon after directed against th> first division also. The fire of the enemv was so heavv that we could do but little more than strengthen our outer walls, secure the doors and windows with timber and sand-bags, cut loop-holes in the walls of the building, and use our rifles whenever a Mexican showed iiim- self. The Mexican houses have flat roofs and, generally, a parai)et of .some two or more feet above the roof. Believing this house to be no HISTORY OF TEXAS 237 exception, a small detaclimt'iu of men ascended to the roof b}' means of a ladder. However, on getting up tliey found the parapet wall too low to afford any protection. Most of the men were wounded, and we had to break a hole in the roof and let the men down by means of a rope, into one of the rooms below. The enemy kept up a pretty constant fire during the day and night. Our casualties were one man killed and some half dozen wounded, among them Colonel James (Irant. In the first division there were but three or four wounded, among whom was Thomas W^illiam Ward, of the artillery. One of the two pieces — a twelve pounder — was dismotmted by a shot of the enemy, and the other was but little used for want of cover. Night having come on, we collected all the mining tools we had — one shovel, two crow-bars, and one pick — and having prepared sand- hags during the day, made details of men to open a communication between the two divisions. This, however, was a work of both time ;ind labor on account of our want of tools, and was not completed until the second night. General Burleson visited the second division at night of the first day, and brought with him the first beef that we Ii.'kI had since leaving camp. Colonel Johnson crossed over to the first division and reported success and casualties to Colonel Milam. The troops of both divisions were not only cheerful but enthusiastic. The second day. we further strengthened our lines, and opened a more effective force against the enemy as our lines were now well covered. We also took two advanced positions, one in front, and the nther in advance of and on the right flank of the first division. The first was effected by Henrj- Carnes, who. crow-bar in hand, broke down the door, and was soon followed by the whole company — Captain York'.s — the second was effected by Lieutenant McDonald, of Captain Crane's company, with a few followers, who took posses- sion of a strong house, and held it. Having got our artillerv under cover, we opened a well directed fire on the town. Our casualties were three privates severely wounded, and two slightly. Fortunately for us. the house occupied bv the second division contained a con- siderable quantity of dry goods, which we found useful in converting into sand-bags. On the morning of the third day, at daylight, it was discovered that the enemy had thrown up an embankment on the .Alamo side of the river, and opposite our left flank, from which they ooened a brisk fire of small arms, which was seconded by the guns of the Alamo; hfiwever. they were soon silenced by our rifles and driven froni their position. Tt was on this dav, instead of the second, that Carnes found the house in front and in advance of the first division. The enemy during the night of the second had strengtli<;!ie(l a house situated on the street leading from the town to the Alamo, and in front of the second division, from which they opened in the morning a brisk fire of artillery and small arms. The second division had from the first suffered most from this house. However, our six pt)under \v;is brought o\cr from the first division, ])laeed in battery, and opened 238 HISTORY OF TEXAS lire on the Mexican house in front. Tliis tire, together with that of our rifle men, soon caused the enem} to withdraw their artillery, and the fire from their small arms slackened. In the morning the enemy opened a heavy fire from all their posi- tions that would bear upon us, and at half past three o'clock, as our gallant commander. Colonel Milam, had entered the yard of the house occupied by the second division, he received a rifle shot in the head, which caused his instant death. The death of this gallant leader cast a gloom over the entire command. Our casualties, otherwise, were two privates, slightly wounded. Benjamin R. Milam, whose name will and ought ever to be held in grateful and honored remembrance by Texans, was born of humble parents in the state of Kentucky, and received but an imperfect educa- tion. He was six feet high, of fine form and commanding appearance. ■'Endowed by nature with a strength of mind and spirit of enterprise almost peculiar to the inhabitants of the Western States," fortified by habits of independence, he associated with the Indian tribes, in order to explore the more southerly portions of Texas. In the war with Great Britain, in 1812-15, he acquired a high reputation among his countrymen ; but. dissatisfied with the prospects there before him. at the close of the war. he engaged in the struggle then going on in Mexico for independence, and soon distinguished himself bv his cour- age, zeal, and love of freedom. Opposed to the usurpation of Iturbide. he was arrested and imprisoned ; but subsequently released in con- sequence of a pronunciamiento for a republic. He assisted in the expulsion of Iturbide. He obtained, in 1828, a colonization contract. Escaping from Monterey, where he had been imprisoned with Gov- ernor Viesca and others, in 1835, he made his way to Texas. He had crossed the San Antonio river near Goliad. Faint and tired, he took shelter in a bunch of bushes. The approach of Captain Collinsworth's company attracted his attention. Naturally supposing them to be a squad of Mexican soldiers, he determined to defend himself to the death. To his astonishment and joy, the advancing force proved to be his fellow-colonists of Texas, who were marching against Goliad. He, at once, decided to join the volunteers as a private, although accustomed and well qualified to command. He was among the fore- most in the assault. He remained a few days after the capture of the fort and then joined the army of General Austin near San Antonio. When killed, the Masonic fraternity, then present, took charge of his body, and, with a proper detail of troops, he was buried in the yard — east side — of the Veramendi house, with military honors. His remains were subsequently disinterred and deposited in the old bury- ing ground west of the town, with appropriate Masonic and military honor. At a meeting of the ofificers of both divisions, at 7 o'clock P. M.. Colonel F. W. Johnson was unanimously chosen commander of the assaulting force. The fourth day was wet and cold, with but little firing on either side. Early in the day. the companies holding the Navarro house, HISTOKV t)l- IKXAS 239 aided by the Grays, advanced and look ])Osition on the Zanibraiio house, which led to the Military Scjuare. f)iir lirave hoys fought their way from house to house, cutting looj) holes through the walls, and thereby drove the enem\' from house to house, disputing every inch of ground, and seconded by a heavy fire of artillery and musket;_\ . After suf- faring a severe loss in officers and men they evacuated the whole row and their position in the square. A more daring or desperate fight is not to be found in the history of wars. This gave the detachment command of the .Military S(|uare, an important jjoint gained. This important advanced position was reinforced by Captains Swisher, Ally. Edwards, and Duncan's ct)mpanies. The casualties of the (la\ were one cai)tain severely wounded (Cajitain Peacock, who subse- (juently died) and two ])rivates. Notwithstanding the vigilance of the scouts kept out. we received undoubted information of the arrival of reinforcements to the enemy, under Colonel Ugartechea. Near midnight the Captain oi the Gra_\s an had the same under consideration and beg leave to report to the honorable the general council, that it is an expedition of the utmost importance at this time. It will give employment to the volunteers until a regular army, sufficient for the protection of our country, can be raised and organized. "And your committee take great pleasure in recommending F. \^'. Johnson to take the command of all troops that he can raise for that purpose. His gallant and chivalrous conduct at the siege and fall of Bexar entitles him to our confidence and support. Besides, delay at this time on our part would be dangerous. For if the volun- teers on their march for ^latamoras were defeated the consequences resulting from it might prove fatal to Texas. But everyone must foresee the benefit that would result from occupying and keeping in possession of that important commercial depot. It would not onlv deprive our enemies of the immense revenue at that place, but aid us greatly in supporting our army. It would also carry the war into the enemy's country, and with the vessels that will be floating upon the Gulf of Mexico, in the service of Texas, in one month, will give us the entire command of the gulf from Matamoras to New Orleans over our enemies. "Your committee would further recommend that measures be adopted by the honorable the general council to support, sustain, and provide for the volunteer army on their march against Matamoras : and further that the governor be requested to commission such officers as are reported to have been elected by said volunteers, or as may be reported to him. Your committee further recommend that the sum of two thousand dollars be appropriated for the expense of the expedition to Matamoras." Governor Smith, who distrusted all Mexicans and had no confidence in co-operation by the Liberals, opposed the.se resolutions, but the coun- cil passed them over his veto. Johnson, however, was so affected by the governor's opposition that he wrote to the council on January 6, de- clining to lead the expedition ; and the council thereupon appointed Col. J. W. Fannin "for and in behalf of the Provisional Government of Texas, to raise, collect and concentrate at or as near the post of Copano as convenience and safety will admit, all volunteer troops, willing to enter into an expedition against Matamoras. wherever they may be found, at the mouth of the Brazos, citv of Bexar, or elsewhere, whether HlSroRN' Ol-" I I'lXAS 249 in Texas, or arriving in Texas, and when thus collected and concentrated, to report, either to the coninianding general, or to the governor or coun- cil, as he may prefer, agreeahly to the seventh section of an ordinance and decree passed on the fifth day of December, 1835, for raising an auxiliary corps to the regular army, and continue to report from time to time, as the expedition may progress." He was authorized to call on Thomas F. McKinney or any other public agent for munitions, pro- visions, and transportation ; to negotiate a loan of three thousand dollars at not more than ten per cent interest ; and "to appoint such special agent or agents under him as he shall deem necessary to carry into effect the ob- ject of these resolutions, and to delegate to such special agent or agents such powers in writing as he may think proper and not inconsistent with the powers of his own agency." Section 4 of the resolutions provided that the volunteers should, when mobilized, elect their own commander and other officers; but section 5 resolved, "that after the agent of tlu- government aforesaid, J. W. Fannin, shall have so raised, collected, and concentrated the said volunteer troo](s, that he shall make a descent upon Matamoras, if he deems it practicable to take said place, or such other ))oint or place, as the said agent may deem proper." At this juncture Johnson changed his mind and decided to lead the volunteers already on the march from Bexar to Goliad, and on January 14, the council sanctioned this movement: "Your committee therefore advise that Colonel Johnson have the approbation of this government to conduct the volunteers who have entered upon the expedition to Matamoras * * * and that he proceed to unite with J. \N'. I'annin. the government agent, appointed by resolutions of the House, duly passed and adopted." Before the passage of these resolutions both Fannin and Johnson had begun operations to enlist volunteers. On January 8, Fannin issued the proclamation below, which ran for several weeks in The Texas Re- publican : .\TTENT10N, VOI.ITNTKERS "To the West, face: March! "An expedition to the west has been ordered by the general coun cil, and the volunteers from Bexar, Goliad, Velasco, and elsewhere, are ordered to rendezvous at San Patricio, between the 24th and 27th inst., and report to the officer in command. The fleet convoy will sail from Velasco under mv charge on or about the 18th, and all who feel disposed to join it and aid in keeping the war out of Texas, and at the same time crippling the encmv in their resources at home, are in- vited to enter the ranks forthwith. "J. W. Fannin, Jr." .\nd Johnson issued the fnllowing proclamation on January 10: "The Federal V authorized to accept the services of volunteers and makes it their especial dutv lo do so. It also gives the discretion to the com- mander-in-chief to accept the services of volunteers for such term as 'he shall think the defense of the country and the good of service require." It is specified that muster-rolls shall accomi>any the rei)orts of the volunteers, and, when reported b\ the com mander-in-chief to the governor, that commissions shall issue accordingl} . "Where elections take jilace in the volunteer corps, the ordi- nance declares that they shall be certified to the commander-in- chief, and by him forwarded to the governor. The third section of the law declares that when controversies arise in relation to the rank of officers of the same grade, they shall be determined I)y drawing numbers, which shall be done by order of the com mander-in chief of the army. This law was enacted by the gen- eral council, and they cannot allege that any misconstruction could arise out of it, for it plainly ])oints out the duties of the governor and commander-in-chief as defined by themselves. Yet, without the repeal of this law. they have proceeded to appoint agents to exercise the very powers declared by them to belong to the governor and commander-in-chief. This they have done under the impression that a change of name would enable them to j)ut down the goxernor ;iti(l commander-in-chief, not subject 260 HISTORY OF TEXAS U) them tor their places, but created by the consultation, and botli of whom are as independent of the council as the council is of them — the commander-in-chief being subject to the organic law, and all laws conformable thereto, under the orders of the gov- ernor. I have obeyed the orders of your Excellency as promptly as they have met my knowledge ; and had not the council, by acts as outrageous to my feelings as they are manifestly against law, adopted a course that must destroy all hopes of an army, I should yet have been on the frontier, and by all possible means would at least have sought to place it in a state of defense. "It now becomes my duty to advert to the powers granted by the general council to J. W. Fannin, Jr., on the 7th of January. 1836, and at a time when two members of the military committee, and other members of the council were advised that I had received orders from your Excellency to repair forthwith to the frontier of Texas, and to concentrate the troops for the very purpose avowed in the resolutions referred to. The powers are as clearly illegal as they were unnecessary. By reference to the resolution it will be perceived that the powers given to J. W. Fannin, Jr., are as comprehensive in their nature, and as much at variance with the organic law and tlie decrees of the general council, as the decrees of the general congress of Mexico are at variance with the Federal constitution of 1824, and really delegate to J. W. Fannin, Jr., as extensive powers as those conferred by that congress upon General Santa .\nna ; },et the cant is kept up, even bv J. W. Fannin. Jr.. against the danger of a regular army, while he is exercising ]>owers which he must be satisfied are in open violation of the organic law. J. ^^■. Fannin, Jr., is a colonel in the regular army, and was sworn in and received his commission on the very da\ that the resolutions were adopted by the council. H\- his oath he was subject to the orders of the commander-in-chief, and as a subaltern could not. without an act of mutiny, interfere with the general command of the forces of Texas ; yet I find in the Tele- graph of the 9th inst. a proclamation of his, dated on the 8th. addressed, "Attention, V'olunteers !' and rec|uiring them to ven dezvous at San Patricio. No official character is pretended b\ him. as his signature is private. This he did with the knowledge that I had ordered the troops from the mouth of the Brazos to Copano, and had repaired to that point to concentrate them. On the 10th inst. F. W. Johnson issued a similar proclamation, announcing Matamoras as the point of attack. The powers of these gentlemen were derived, if derived at all, from the general council in opposition to the will of the governor, because certain purposes were to be answered, or the safety and harmony of Texas should be destroyed. "Colonel Fannin, in a letter addressed to the general council dated on the 21st of January, at Velasco, and to which he sub- scribes himself, 'J- W. Fannin. Jr., Agent Provisional Govern ment,' when speaking of anticipating difficulties with the coni- mander-in chief, ;illays the fears of the council by assuring them. HISTORY OF '1"I':XAS 261 '1 shall never make any myself,' and then adds: The object in view will be the governing principle, and should General Houston be ready and willing to take command, and march direct ahead, and execute your orders, and the volunteers to submit to it, or a reasonable part of them, I shall not say nay, but will do all in my power to produce harmony.' "How was I to become acquainted with the orders of the council? Was it through mv subaltern? It must have been so designed, as the council have not, up to the present moment, given me ofificial notice of the orders to which Colonel Fannin refers. This modesty and subordination on his part is truly commenda- ble in a subaltern, and would imply that he had a right to say 'nay.' If he has this power, whence is it derived? Not from any law, and contrary to his sworn duty as my subaltern, whose duty is obedience to my lawful commands, agreeably to the rules and regulations of the United States army, adopted by the consulta- tion of all Texas. If he accepted any appointment incompatible with his obligation as a colonel in the regular army, it certainly increases his moral responsibilities to an extent which is trul\' to be regretted. "In another paragraph of his letter he states: '^'ou will allow that we have too much division, and one cause of complaint is this very expedition, and that it is intended to remove (leneral Hous- ton.' "He then assures the council that no blame shall attach to him, but most dutifully says: 1 will go where you have sent me, and will do what you have ordered me. if possible.' The order of the council, as set forth in the resolutions appointing Colonel Fannin agent, and authorizing him to appoint as many agents as he might think projier, did most certainlj- place him above the governor and commander-in-chief of the army. Nor is he responsible to the council or the people of Texas. He is required to report but he is not required to obey the council. His powers are as unlimited and absolute as Cromwell's ever were. I regard the expedition, as now ordered, as an individual and not a national measure. The resolutions ])asscd in favor of J. W. Fannin, Jr.. and F". W. Johnson, and their ])roclaniations, with its original start — Doctor Grant— absolve the country from all responsibility for its consequences. If I had any doubt on the subject previous to having seen at Goliad a proclamation of J. W. Fannin, Jr., sent by him to the volunteers, 1 could no longer entertain one as to the cam])aign so far as certain ])erst)ns are interested in forwarding it. After appealing to the volunteers, he concluded with the assurance 'that the troops should l)e paid out of the first spoils taken from the enemy.' This, in my o])in- ion, connected with the extraordinary powers granted him bv the council, divests the campaign of any character save that of a piratical or predatory war. "The people of Texas have declared to the wurld that tlic wai- in which they are now engaged is a war of principle, in defense of their civil and political rights. What effect will the declara- 262 lllSrORV (.)[•■ TKXAS tion, above referred to. have uii the civilized world — when they learn that the individual who made it has since been clothed with absolute powers by the general council of Texas, and that, because you (as governor and commander-in-chief) refuse to ratifv their acts, thev have declared you no longer governor of Texas. It was stated by way of inducement to the advance on .Matamoras, that the citizens of that place were friendly to the advance of the troops of Texas upon that city . They, no doubt, ere this, ha\e J. \\'. Fannin's proclamation (though it was in manuscript), and. if originally true, what will now be their feel- ings towards men. who 'are to be paid out of the first spoils taken from the enemy.' The idea which must present itself to the enemy, will be if the city is taken it will be given up to pillage, and when the spoils are collected, a division will take place. In war. when spoil is the object, friends and enemies share one common destiny. This rule will govern the citizens of Mata- moras in their conclusions and render their resistance desperate. .\ city containing 12.000 inhabitants will not be taken by a hand- ful of men who have marched twentv days without breadstuff's or necessary supplies for an army. "If there ever was a time when Matamoras could have been taken by a few men, that time has passed by. The people of that place are not aware of the honorable, high-minded men who fill the ranks of the Texan army. They will look upon them as they would upon Mexican mercenaries, and resist them as such. They too will hear of the impressment of the property of the citizens of Hexar, as reported to your Kxcellency by Lieutenant-Colonel Xeill. when Doctor Grant left that place for Matamoras in command of the volunteer army. "If the troops advance on ^Matamoras there ought to be co-op- eration by sea with the land forces, or all will be lost, and tlie brave men who have come to toil with tis in our marches .iiid mingle in our battles for liberty, will fall a sacrifice to the sellish- ness of some who have individual purposes to answer, and whose influence with the council has been such as to impose upon the honest ])art of its members; while others, who were otherwise, availed themselves of every artifice whicli thev could dexisc to shield themselves from detection. "The evil is now done, and I trust sincerely that the first of March may establish a government ou some permanent founda- tion, where honest functionaries will regard and execute the kntjwn and established laws of the cotuitry , agreeably to theii oaths. If this state of things cannot be achieved, the country must be lost. I feel, in the state which I hold, that every effort of the coiuicil has been to mortify me individually, and. if possi- ble, to compel me to do some act which would enable them to pursue the same measures towards me which they have illegally done towards your Excellency, and thereby remove another olista de to the accomplishments of their plans. In their attemi)ts to embarrass mc they were reckless of all prejudice which might result to the public service from their lawless course. HISTORY Ol- ll-.XAS 263 "While tlu' CDUiicil \\;is passing her resuhitions affecling tiie arm)' of Texas, and transferring to J. W. Fannin, Jr., and F. VV. Johnson the whole control of the army and resources of Texas, they could order them to be furnished with copies of the several rescjlutions passed by that body, but did not think pro])er to notify the major-general of the army of their adoption : nor have the\ yet caused him to be fiifnished with the acts of the council, rela- tive to the army. True it is they jiassed a resolution to that effect, but it never was complied with. Their object must have been to conceal, not to promulgate their acts. 'They have loved the darkness rather than light because their deeds are evil.' "I do not consider the council as a constitutional body nor their acts lawful. They ha\"e no (|Uf>rum agreeably to the organic law, and 1 am therefore compelled to regard all their acts as void. The body has been composed of seventeen members, and I per- ceive the act of 'suspension' passed against your Excellenc)' was by only ten members present: the president pro tern, having no vote, only ten members remain when less than twelve could not form a quorum agreeal)ly to the organic law. which required two- thirds of the whole body. I am not prejjared either to violate my duty or my oath, by yielding obedience to an act manifestly unlawful, as it is in mv ii])inioii, |)rejudicial to the welfare of Texas. "S.\.M Houston, "Coinmaiider-in-Chicf of the Army." The following remarks are offered both in explanation and vindica- tion of the character of Dr. James Grant and Col. James \V. Fannin, Jr.. who were arraigned hv the above most extraordinary official docu- ment for offences and crimes which, were they guilty, would, and should stamp their names with infamy for all time. F'irst. (ieneral Houston makes the enquiry. "Then, who is Doctor ( 'irant ?" We answer, a gentleman, scholar, patriot, and gallant soldier. Second, "Is he not a .Scotchman, who has resided in Mexico for the last ten years?" To this, we answer, if so, what then? Third. "Does he not hold large possessions in the interior?" He, with others, holds, as we are informed and believe, a large estate in the neighborhood of Parras. h'ourth. "Has he ever taken the oath to support the organic law?" No, he with hundreds of others, who have served Texas faithfully, ably. have never been required to do so. Fifth, "Is he not deeply interested in the hundred league claims of land which hang like a murky cloud over the people of Texas?" That he w-as one. of many others, who bought land of the state of Coahuila and Texas, is matter of fact ;nul bn^ not. so far as we know, ever been denied by him or others. Sixth, "Is he not the man who im])ressed the ijrojjerty of the ])eople of Bexar?" To this, we answer, no. There was neither the necessity nor occasion for .so doing. Whatever was taken for the use of the army was authorized, and the proj^ertv receipted for. Seventh, "Is he not the man that took from Bexar, without author- ilv, or knowled£;e of the "•ovcrnnieiu. cannon .-ind other nuniitions of 264 HISTORY OF TEXAS war, together with suppHes necessary for the troops at that station, leav- ing the wounded and the sick destitute of needful comforts?" To this we have only to say that he took, by authority of the proper officer, one six-pounder-gun, and one six or eight-inch mortar, with suitable am- munition for the same. As to supplies and comforts, there were none to take, the quartermaster's department being as empty as the treasury of Texas. The government did the besf it could under the circum- stances, and would no doubt have furnished both necessaries and sent comforts as the sick and wounded required, had it been able to do so. Hence the necessity of drawing on the citizens for such supplies as were absolutely necessary and indispensable, and receipt for the same. Not a thing was taken from Colonel Neill in the shape of supplies. He was left in possession of a full proportion of what had been surrendered bv the enemy. Eighth, "Yet this is the man whose outrages and oppressions upon the rights of the people of Texas are sustained and justified by the acts and conduct of the general council." In the above answers and explana- tions, to the charges preferred, will be found the sum and substance of Doctor Grant's oiTending. No man entered the service of Texas more heartily, zealously, or from purer motives than did Doctor Grant. He not only risked his life, but offered it a sacrifice on the altar of his country. To say that he was actuated in what he did by any other than the purest motives, and for the best interests of his country, is to falsify his record. Such charges find no place, except in the minds of such as are lost to all the finer feeling.s — to every sense of truth, right, and justice. To say that "Sev- eral members of that body" (the council) "were aware that the interests and feelings of Doctor Grant were opposed to the independence and true interests of the people of Texas," is simply absurd, a distortion of truth. It is painful, in thus vindicating the character and public services of a distinguished citizen, to have to call in question that of another who has rendered his country important service ; yet, justice as well as the truth of history requires it. While we would be the last to pluck a single leaf from the laurels that encircle the brow of General Houston, neither will we allow to pass, unchallenged, his imputations on the char- acter and memory of Doctor Grant, whom we knew well and intimately, and who possessed in a high degree all the qualities that ennoble the char- acter of man. Without intending to argue, still less defend, the scandalous conduct of the council and of the governor ; yet, in defence of the character of another distinguished citizen, patriot, and gallant soldier, who sacrificed his life in the cause of his country — Col. James W. Fannin, Jr., we offer the following remarks. This distinguished patriot and soldier is charged with conspiring to rob the commander-in-chief of his office ; of wanting to command the army; of mutiny, and treason. Sir! Col. James W. Fannin, Jr. — the gentleman, patriot, and soldier — is charged with these high offenses and crimes bv Gen. .Sam Houston, in an official report to the governor. Let us examine, calmlv. dispassionately, these grave charges and see what they rest upon. Without going into detail, it will be sufficient to liisrukv U1-" riiXAS 265 show that. Colonel Fannin, unlike (jenerat Houston, who assumes and constitutes himself a court of last resort, is willing;, and does recognize the council and governor as the government, and as such, feels bound by their orders and decrees. By virtue of an ordinance, he is consti- tuted an agent of the government to do and perform certain duties. He accepts, and fulfills his mission to the letter. If this constitutes mutiny or treason, is Colonel Fannin guilty. This is the head and front of his offending, according to General Houston's own showing. Colonel Fan- nin did not. like General Houston, make himself a party to the shameful quarrel between the coimcil and governor. He was content to do his duty, which contrasts strangely as well as favorably with that of General Houston. General Houston throws the whole weight of his character and position in favor of Governor Smith, and charges the council, in terms stronger than elegant, with high crimes and misdemeanors. His argument is labored, and intended to show that both Governor Smith and himself derived their powers from a higher source than the council. The sophistry of this argument is too transparent to require any other notice or argument. The council, as the law-making branch of the government, would seem, from all the admitted maxims of law, as well as the maxims of civil polity, to possess a power that neither the governor nor commander- in-chief may rightfully disregard. A word, now, as to the much talked of and abused expedition against Matamoras, which Houston has made his text as the prime cause of all the disasters that befell the country in its struggle for independence. If this be true, is General Houston free from blame? We shall see. In the month of December, 1835, by authority of the governor. Gen- eral Houston issued an order to Col. James Bowie, directing him to raise a force for the purpose of reducing Matamoras. True, it was qualified with buts, and ifs, yet, it is undeniable that both he, Houston and Gov- ernor Smith, favored such as expedition. Were it necessary, proofs could be adduced to show that, even under the direction of the mutinous and traitorous Fannin, he promised it his support. As to the charges against F. \\'. Johnson, if any doubt still remains in the mind of any one, it is only necessary for them to turn to the journals of the council to be convinced that they have no foundation in truth. In conclusion we have onlv td remark that, so far as the failure of the expedition against Matamoras. and the disasters that befell the Texan army subsequently, no man contribu'cd more to that end than did Gen- eral Houston. Not by public orders, but, by misrepresentations at Goliad and Refugio to the Bexar vohmlecrs, by which means he divided the volunteers then collected and collecting at Mission Refugio, by stat- ing that the expedition was unauthorized. In this way he succeeded in drawing off at least half of the volunteers from Bexar. Under these circumstances, after the arrival of Colonel Fannin at the Mission, it was found that there was not a sufficient force to attempt the invasion of Mexico. Hence, the expedition was abandoned for the time. What was done subsequently, the reason for. and the results, are part and parcel of the history of the times. CHAPTER XVII I THE DECLARATION OF INDEPENDENCE AND THE ESTAB- LISHMENT OF THE REPUBLIC l-'orlunatflv ihe council had passed over the governor's veto on December 1.^, before the quarrel developed, a resolution for calling a convention. This was to meet at Washington on March 1. and the del- egates were to be "clothed with ample, unlimited, or plenary powers as to the form of government to be adopted : provided, that no constitution formed shall go into efTect until the same be submitted to the people and confirmed by a majority thereof." Delegates were to be elected on I'Vbruary 1, and representation was lo be proportioned roughly to popu- lation : the ordinance prescribed four delegates each for the municipal- ities of Brazoria, Washington. Nacogdoches, San Augustine, and Bexar ; three each for those of San Felipe, Mina, and Liberty ; two eacli for those of Gonzales, Viesca, Harrisburg, Jasper, Matagorda, Jackson, Tenaha. Jefferson. Refugio. Goliad. San Patricio. \'ictoria and Pecan Point. A sentiment in favor of independence rapidly developed, and before the convention met it was a foregone conclusion that independence would be declared. A public meeting at San Augustine on December 22 adopted a series of well reasoned resolutions, offered by Jonas Harrison, urging such a declaration. On December 20 ninety-one volunteers at Goliad ado])ted what is called "the Goliad declaration of independence," and by January 7, 1836, Stephen F. .\ustin was won to independence, and was urging it in letters from New Orleans. On Decemtjer 22 he had written from Velasco. on the eve of his embarking for the United States, that he thought the time was not yet ripe for a declaration of independence : "As to independence — I think it will strengthen the cause of Texas to show that we have legal and equitable and just grounds to declare independence, and under this view I touched upon this sub- ject in my communication to the provisional government of the thirtieth ultimo. But I also think that it will weaken Texas, and expose the old settlers and men of property in this country to much risk to make such a declaration at this time, and under the present circumstances, for the reason that it will turn all parties in Mexico against us — bring back the war to our own doors, which is now removed froni Texas by the fall of Hexar. and compel the [)eople to seek aid at any sacrifice — I do not think it necessarv to run any such risk, for the natural current of events will soon regulate every- thing. A large portion of the Mexicans are determined to be free. If they succeed. Texas will participate as a state in conformity with its declaration of seventh November — if tliev fail. Texas can at any time resort to her natural rights." Hut in New Orleans Austin found public opinion strongly favorable to independence, and his doubts concerning the expediencv of a declara- tion disappeared. To General Houston he wrote on Januarv 7: 266 HISTORY OK TEXAS 267 "In all our Texas affairs, as you are well apprised, 1 have fell it to be my duty to be very cautious in involving the pioneers and actual settlers of that country, by any act of mine, until I was fully and clearly convinced of its necessity, and of the capabilities of our resources to sustain it. Hence it is that I have been censured by some for being over cautious. Where the fate of a whole petiple is in question, it is difficult to be over cautious, or to be too prudent. "Besides these general considerations, there are others which ought to have weight with me individually. I have been, either directly or indirectly, the cause of drawing many families to Texas, also the situation and circumstances in which I have been placed have given considerable weight to my opinions. This has thrown a iieavy responsibility upon me — so much so, that 1 have cimsidercd it to be my duty to be prudent, and even to control niy own impulses and feelings: these have long been impatient under the state of things which has existed in Texas, and in favour of a speedy and radical change. But I have never approved of the course of fore- stalling i)ublic opinion, by party or partial meetings or by manage- ment of any kind. The true cour.se is to lay facts before the people and let them judge for themselves. I have endeavoured to pursue this course. A question of vital importance is yet tn be decided by Texas, which is a declaration of Independence. "When I left there, I was of opinion that it was premature to stir this question, and that we ought to be very cautious of taking am- step that would make the Texas war purely a national war, whicii would unite all parties against us, instead of its being a party war, which would secure to us the aid of the federal party. In this I acted contrary to my own impulses : for 1 wish to see Texas free from the trammels of religious intolerance, and other anti-republican restrictions ; and independent at once ; and as an individual, have always been ready to risk my all to obtain it ; but I could not feel justifiable in precipitating and involving others until I was fully satisfied that they would be sustained. ".Since mv arrival here, 1 have received information which has satisfied me on this subject. I have no doubt we can obtain all, and even nuich more aid than we need. T now think the time has come for Texas to assert her natural rights ; and were I in the convention 1 would urge an immediate Declaration of Independence. I form this o]iinion from the information now before me. I have not heard of any movement in the interior, by the federal party, in favour of Texas, or of the constitution ; on the contrarv, the information from Mexico is that all jiarties are against us, owing to what has alread\- been said and done in Texas, in favour of Independence: and tliat we have nothing to expect from that quarter but hostility. I am acting on this information, if it be true; and I have no reason \n doubt it. Our present position in favour of the republican prin- ciples of the Constitution of 1824 can do us no good; and it is doing us harm bv deterring those kinds of men from joining us who are most useful. I know not what information vou mav have in Texas as to movements of the federal iiartv in our favotu". nor what influ- 268 HISTORY OF JEXAS ence they ought to have on the decision of this question, this being a matter which the convention alone can determine. I can only say, that with the information now before me I am in favour of an immediate Declaration of Independence. "Santa Anna was at San Luis Potosi, according to the last account, marching on rapidly, with a large force against Texas. We must be united and firm and look well to the month of March, and be ready. I shall try to be at home by that time." This advice Austin continued to give until the meeting of the con- vention, and before it opposition to a declaration of independence dis- appeared. On March 1 the convention assembled, and organized by electing Richard Ellis president and H. S. Kimball secretary. George C. Chil- dress moved the appointment of a committee of five to draft a declara- tion of independence, and, after an attempt by Martin Parmer to enlarge the committee by the appointment of one member from each munici- pality represented in the convention, the president appointed Childress. James Gaines, Bailey Hardeman, Edward Conrad, and Collin McKinney. This committee reported a declaration the next day, March 2, which was unanimously adopted. Five copies of the declaration were ordered prepared for distribution, at Bexar, Goliad, Nacogdoches, Brazoria, and San Felipe; and as soon as possible 1.000 copies were to be printed at San Felipe and distributed in handbill form. In style the declaration was modeled after the American declaration of 1776, beginning with a philo.sophical statement of the nature of government, then passing to an enumeration of the causes of the declaration, and closing with the solemn declaration of the severance of all connection with Mexico. The Unanimous Declaration of Independence Made by the Dele- gates OF THE People of Texas in General Convention .\t the Town of Washington on the 2d Day of March. 1836. When a government has ceased to protect the lives, liberty and prop- erty of the people, from whom its legitimate powers are derived, and for the advancement of whose happiness it was instituted, and. so far from being a guarantee for the enjoyment of those inestimable and in- alienable rights, becomes an instrument in the hands of evil rulers for their oppression : When the Federal Re]niblican Constitution of their country, which they have sworn to support, no longer has a substantial existence, and the whole nature of their government has been forcibly changed, without their consent, from a restricted federated republic, com- posed of sovereign .states, to a consolidated, central, military despotism, in which every interest is disregarded but that of the army and the priesthood — both the eternal enemies of civil liberty, the ever-ready minions of j)ower, and the usual instruments of tyrants: When long after the spirit of the constitution has departed, moderation is, at length, so far lost by those in power that even the semblance of freedom is removed, and the forms, themselves, of the constitution discontinued; and so far from their petitions and remonstrances being regarded the agents who bear them are thrown into dungeons ; and mercenary armies sent forth to force a new government ujion them at the point of the bayonet : \\'hen in HISTORY OF TEXAS 269 consequence of such acts of malfeasance and abdication, on the part of the government, anarchy prevails and civil society is dissolved into its original elements. In such a crisis, the first law of nature, the right of self-preservation — the inherent and inalienable right of the people to appeal to first principles and take their political affairs into their own hands in extreme cases — enjoins it as a right towards themselves and a sacred obligation to their posterity to abolish such government and create another, in its stead, calculated to rescue them from impending dangers, and to secure their future welfare and happiness. Nations, as well as individuals, are amenable for their acts to the public opinion of mankind. A statement of a part of our grievances is, therefore, submitted to an impartial world, in justification of the haz- ardous but unavoidable step now taken of severing our political con- nection with the Mexican people, and assuming an independent attitude among the nations of the earth. The Mexican government, by its colonization laws invited and induced the Anglo-American population of Texas to colonize its wilderness under the pledged faith of a written constitution that they should con- tinue to enjoy that constitutional liberty and republican government to which they had been habituated in the land of their birth, the United States of America. In this expectation they have been cruelly disap- jjointed, inasmuch as the Mexican nation has acquiesced in the late changes made in the government by General Antonio Lopez de Santa Anna, who, having overturned the constitution of his country, now offers us the cruel alternative either to abandon our homes, acquired by so many pri- vations, or submit to the most intolerable of all tyranny, the combined despotism of the sword and the priesthood. It has sacrificed our welfare to the state of Coahuila, by which our interests have been continually depressed through a jealous and partial course of legislation carried on at a far distant seat of government, by a hostile majority, in an unknown tongue : and this too, notwithstanding we have petitioned in the humblest terms, for the establishment of a separate state government, and have, in accordance with the provisions of the national constitution, presented to the general Congress a repub- lican constitution which was, without just cause contemptuously rejected. It incarcerated in a dungeon, for a long time, one of our citizens, for no other cause but a zealous endeavor to procure the accejitance of our constitution and the establishment of a state government. It has failed, and refused to secure, on a firm basis, the right of trial hv jury, that palladium of civil liberty, and only safe guarantee for the life, liberty, and projierty fif the citizen. It has failed to establish any ])ublic system of education, although possessed of almost boundless resources (the i)ublic domain) and, al- though, it is an axiom, in political science, that unless a people are edu- cated and enlightened it is idle to expect the continuance of civil liberty, or the capacity for self-government. It has suffered the military commandants stationed among us to exer- ci.se arbitrary acts of oppression and tyrannv : thus trampling upon the most sacred rights of the citizen and rendering the military superior to the civil power. 270 iIIS^()l^:^■ of texas ll has dissolved by force of arms, the State Congress of Coaliuila and Texas, and obliged our representatives to fly for their lives from the seat of government : thus depriving us of the fundamental political right of representation. It has demanded the surrender of a number of our citizens, and ordered military detachments to seize and carry them into the interior for trial ; in contempt of the civil authorities, and in defiance of the laws and the constitution. It has made piratical attacks upon our commerce, by commissioning foreign desperadoes, and authorizing theiu to seize our vessels, and con- vey the property of our citizens to far distant ports for confiscation. It denies us the right of worshipping the Almightv according to ihc dictates of our own conscience : by the support of a national religion calculated to jiromote the temporal interests of its human functionaries rather than the glory of the true and living God. It has demanded us to deliver up our arms, which are essential to our defense, the rightful property of freemen, and formidable only to tyrannical governments. It has invaded our country, both by sea and by land, with intent to lay waste our territory and drive us from our homes ; and has now a large mercenary army advancing to carry on against us a war of exter- mination. It has, through its emissaries, incited the merciless savage, with the tomahawk and scalping knife, to massacre the inhabitants of our defenseless frontiers. It hath been, during the whole time of our connection with it, the contemijtible sport and victim of successive military revolutions, and hath continually exhibited every characteristic of a weak, corru])t, and tyrannical government. These, and other grievances, were patiently borne by the people of Texas until they reached that point at which forbearance ceased to be a virtue. \\'e then took up arms in defence of the national constitution. We appealed to our Mexican brethren for assistance. Our appeal has been made in vain. Though months have elapsed, no sympathetic re- sponse has \et been heard from the Interior. 'VA'e are, therefore, forced to the melancholv conclusion that the Mexican people have ac(iuiesced in the destruction of their liberty, and the substitution therefor of a military government- — that they are unfit to be free and are incapable of self-government. The necessity of self-preservation, therefore, now decrees our eter- nal political separation. We, therefore, the delegates, with plenarv powers, of the jieople of Texas, in solemn convention assembled. a])pealing to a candid world for the necessities of our condition, do herebv resolve and declare that our political connection with the Mexican nation has forever ended ; and that the peo{)le of Texas do now constitute a free sovereign and inde- pendent republic, and arc fully invested with all the rights and attri- butes which properly belong to independent nations ;' and. conscious of the rectitude of our intentions, we fearlesslv and confidently commit the issue to the decision of the Sujireme .\rbiter of the destinies of nations. HISTORY OF TEXAS 271 Meiiihers of the convention not jjrescnt wlit-n tlii' dfclaraiion was |)as>i'(l wi-re allowed to sijjn it. and the original declaration now ])re- M-rved in the State's Archives bears tifty-eight signatures. They are: Richard Ellis, Charles P). Stewart, Thomas Barnett, James Collinsworth, ICdwin Waller, John S. D. Byrom, Francisco Ruiz. J. .\ntonio Navarro. Jesse B. Badgett. W'm. P.. Lacey. William Menetee. John P'isher. Mathew Caldwell, William Mottley, Lorenzo de Zavala. Stephen H. l-.verett. (leorge \\'. Snivth, Elijah .Sta]))), Claiborne West, William B. Scates. .M. X. Menard. "a. B. Hardin. J. W . Burton. Thomas J. Gazley. R. M. ( oleman. .Sterling C. Robertson, (ieorge C. Childress, Bailey Hardeman. Robert Potter. Thomas Jefferson Rusk. Charles S. Taylor, John S Roberts, Robert Hamilton. Collin McKinney. Albert H. Latimer, James Power, Sam Houston. David Thomas, T^dward Conrad, ISLirtin Parmer. Edwin (). LeGrand. .Stephen W. Blount. James (laines. W'illiam Clark. Jr.. .Sydney S. Pennington. William Carrol Craw-ford. John Turner. Benjamin Brigg.s Goodrich. G. W. Barnett, Jesse Grimes. S. Rhoad~ I-'isher. John W. Moore. John \\'. Bower, .Samuel A. Maverick. .Sam I' Carson. .\. Briscoe. James B. \^'oods. On ^Larch 2. before the vote was taken on the declaration, the presi- dent had alreadv appointed a committee consisting of one delegate from each municipality re|)resented in the convention to draft a constitution. This included Mes^r,--. Parmer. Potter. Stewart. W'aller. Grimes. Cole- man. F'isher. Burton, ( laine.--. Zav;ila. l-'.verett. Hardeman, .Stapp. Craw- ford. West, F'ower, Xavarro. McKinne\ . Menefee. Mottley. and Menard. The next dav Messrs. Houston. Hamilton. Collinsworth, and Thomas were added to the committee. While the committee was preparing its report the convention dis- |io>ed of several important measures. On the 3d it ado])ted resolutions closing the land offices and forbidding commissioners to issue titles, ami .luthorizcd the enlistment of a regiment of rangers. On the 4th it elected ( leneral Houston "commander-in-chief of all the land forces of the Texan army, both regulars, volunteers and militia, while in actual .serv- ice :" and he was to retain this office "until the election of a chief magis- trate of this government * * * subject, however, to the federal orders of the government dc facto * * * ^nd always amenable to the laws and civil authorities of the countr\ ." On the 6tli General Houston addressed the convention in explanation of his "former course as commander-in-chief" and departed for the army. On the 7th the con- vention passed a law declaring all male inhabitants of Texas between the ages of seventeen and f\ix\ subject to militia duty, and providing for the immediate organization nf a militi;i forct'. And on .March 14th it in- creased the land bimniic> allowed to volunteers: to those who served throughout the war should be gi\eii 1.280 acre^ : and corresponding amounts were to be allowed tho>e who served for shorter terms. The committee on the constitution jjresented its report on the yth. and from that time the convention occupied itself almost exclusively with the constitution. .\s finally com[)lcted, this first constitution of the Republic of Texas was yerv much like the constitution of the l^iiterl States. 272 HISTORY OF TEXAS The legislature or Congress consisted of two houses — the house of representatives and the senate. Representatives were elected for one year ; senators for three years, one-third retiring annually. The House was to consist of not less than twenty-four nor more than forty mem- bers until the population of the republic reached one hundred thousand : then it might be increased to not less than forty nor more than one hun- dred. But each county was to have at least one representative. The senate was to consist of not less than one-third nor more than one-half the number of representatives. The powers of the legislature were almost identical with those of the Congress of the United States : "to levy and collect taxes and imports, excise and tonnage duties ; to borrow money on the faith, credit and property of the government, to pay debts and to provide for the common defense and general welfare of the republic ;" to regulate commerce and coin money ; to establish postoffices and post roads ; to declare war, maintain an army and navy ; and "To make all laws which shall be deemed necessary and proper to carry into effect the fore- going express grants of power." One of the duties of the congress was. "as soon as circumstances will permit to provide by law a general system of education." The president and vice-president were elected by direct vote of the people, and ties were to be settled by the house of representatives voting ini'a voce. The first president was to hold office two years and was in- eligible for re-election until one term had intervened. Succeeding presi- dents held office for three years, but were subject to the same limitation as to immediate re-election. The powers of the president were those in general that were enjoyed by the president of the United States. The judiciary department consisted of a supreme court and such district courts — not less than three nor more than eight — as congress should determine. The supreme court consisted of the chief justice acting with the district judges, a majority of whom formed a quorum. As soon as practicable congress was to introduce by statute the English common law in place of the existing Spanish-Roman law, making such modifications in the common law as seemed desirable. Slavery was recognized. Congress was denied the power to emanci- pate slaves : nor could an owner liberate his slaves without the consent of congress, unless he sent them out of the country. No free negroes might reside in the republic without the consent of congress. Congress could pass no laws prohibiting the immigration of slaves with their masters from the United States : but importation of slaves except from the United States was declared piracy. Fraudulent grants of land made by the congress of Coahuila and Texas were declared null, and to clear up the existing confusion in the land titles congress was enjoined to establish a general land office. The members of the convention labored in the midst of confusion and under great personal excitement and alarm, but this is not reflected in the constitution, which was ratified almost unanimously by those who voted in September. 1836, and which served the Republic of Texas until its annexation to the United States in 1846. Santa Anna's forces were advancing in overwhelming numbers. Johnson and Grant's divi- sions were destroyed, as we shall learn below : Travis's powerful appeals HISTORY OF TEXAS 21^ from the Alamo for reinforcements were wringing every heart; and on the 16th came the news that General Houston was retreating from Gonzales and that the Mexicans were advancing into the colonies. The strain under which the members labored is shown by a letter of the 6th from Martin Parmer to his wife at Nacogdoches: "We have alarming news continually from the west ; Frank Johnson's division is all killed but five, it is supposed. He saw two shot begging for quarters. Dr. Grant with a company of men is sup- posed to be all slain. Travis' last express states San Antonio was strongly besieged ; it is much feared that Travis and company is all massacred, as dispatches from that place have been due three days and none have arrived yet. The frontiers are breaking up. Gonzales must be sacked, and its inhabitants murdered and defiled without they get immediate aid. The last accounts the Mexicans were to a considerable number between Gonzales and San Antonio. Fanning is at La Bahia with about 500 men, and is in daily expecta- tion of a visit from Santa Anna. Texas has been declared free and independent, but unless we have a general turn out and every man lay his helping hands to, we are lost. Santa Anna and his vassals are now on the borders, and the declaration of our freedom, unless it is sealed with blood, is of no force. * * * Travis closes his last expresses with these words, "Help, O my country'." Before adjournment the convention realizing the impossibility of holding elections to ratify the constitution and choose officers, passed an ordinance creating a government ad interim. This was to consist of a president, vice-president, secretaries of state, war, and treasury, and an attorney general — all to be elected by the convention by majority vote — and to have "full, ample and plenary powers to do all and everything which is contemplated to be done by the General Congress of the people, under the powers granted to them by the constitution, saving and except- ing all legislative and judicial acts." Specifically the government ad interim had authority to appoint all officers, to negotiate a loan of a million dollars, to appropriate money for the defense of the country, and to negotiate treaties with foreign powers. The closing hours of the con- vention are thus described by David G. Burnet, who had just been elected president ad interim and who was present : "On the evening of the 16th of March a messenger arrived from the west, bearing the melancholy intelligence that the Alamo had fallen, and all within it been massacred. The Convention assembled forthwith, and with some few symptoms of undue excitement, pro- reeded to the institution of an executive government for the embryo republic. David G. Burnet was elected President ; Lorenzo de Zavala, a distinguished Mexican, was elected Vice-President ; Col. Samuel P. Carson, formerly of North Carolina. Secretary of State ; Bailey Hardeman. Secretary of the Treasury ; Col. Thomas J- Rusk. Secre- tary of War; Robert Potter, Secretary of the Navy; and David Thomas, Attorney-General. "The inauguration of the new government was completed about two o'clock in the morning of 17th March, the Convention havintj been in session all the night. Mr. Burnet delivered a pertinent ad- vor,. 1—18 274 HlSTOm" OI' TEXAS dress of some length, and on the ensuing day issued a proclamation from which we extract the following : "The government will remove to Harrisburg ; but that removal is not the result of any apprehension that the enemy is near us. It was resolved upon as a measure con- ducive to the common good, before any such report was in circula- tion, and it has not been expedited by such report. * * * Let us acquit ourselves like men : gird up the loins of our minds, and by one united, prompt, and energetic exertion, turn back this impotent invader ; and planting our standard on the bank of the Rio Grande, dictate to him the terms of mutual recognition.' Both these docu- ments were published at San Felipe, in fugitive handbills, a very few of which are now extant." CHAPTER XIX THE FALL OF THE ALAMO When Johnson and Grant determined to undertake the expedition af^ainst Matamoras. (jrant, as we saw, marched to San Patricio with most of the vokmteers who had shared in the capture of San Antonio, while Johnson went to San F'ehpe to obtain the authorization of the government for the expedition. Lieutenant-Colonel J. C. Neill was left in command of the garrison at San Antonio, and soon found himself in an unpleasant predicament, shown in his letter given in a previous chapter. On January 14. Colonel Neill wrote General Houston additional detail-- (It his situation. His men had been in the field, he said, nearly four months and were nearly naked : they had not yet received their first month's pay. though it was expected the da> that he wrote, and many ta .\nna. I have sustained a continual Bombardment and cannonade for 24 hours and have not lost a man. The enemy has demanded a surrender at discretion, otherwise, the garrison are to be put to the sword, if the fort is taken. 1 have answered the demand with a cannon shot, and our flag still waves proudly from the walls. / shall never surrender or retreat. Then. 1 call on you in the name of Liberty, of Patriotism and every- thing dear to the American character, to come to our aid with all dispatch. The enemy is receiving reinforcements daily and will no doubt increase to three or four thousand in four or five days. If this call is neglected, I am determined to sustain myself as long as possible and die like a soldier who never forgets what is due to his own honor and that of his country. Victory or de.\th. "William Barrett Travis. "Lt. Col. Conidt. "P. S. The Lord is on our side. When the enemy appeared in sight we had not three bushels of corn. \\'e have since found in deserted houses 80 to 00 bushels and got into the walls 20 or 30 head of Beeves." "Travis." In reply to Travis' note of the 23d to .Andrew Ponton thirty-two men marched from Gonzales to support him. and, passing through the enemy's lines, entered the Alamo on the night of March 1. Ponton sent the letter to San Felipe, and on February 27 Governor Smith published iri handbill form an appeal to the people of Texas for reinforcements: }nST()kV OF TEXAS 279 "Fellow Citizens and Countrymen: The foregoing official coni- niunication from Colonel Travis, now in command at Bexar, needs no comment. The garrison, composed of only 150 Americans, en- gaged in a deadly conflict with 1,000 of the mercenary troops of the Dictator, who are daily receiving reinforcements, should be a suffi- cient call upon you without saying more. However secure, however fortunate, our garrison may be, they have not the provisions nor the ammunition to stand more than a thirty days' siege at farthest. "1 call upon you as an officer, 1 implore you as a man, to fly to the aid of your besieged countrymen and not permit them to hr massacred by a mercenary foe. I slight none! The call is upon ALL who are able to bear arms, to rally without one moment's delay, or in fifteen days the heart of Texas will be the seat of war. This is not imaginary. The enemy from 6,000 to 8,000 strong are on our border and rapidly moving by forced marches for the colonies. The campaign has commenced. We must promptly meet the enemy or all will be lost. Do you possess honor? Suffer it not to be insulted or tarnished! Do you possess patriotism? Evince it by your bold, prompt and manly action! If you posses even humanity you will rally without a moment's delav to the aid of vour besieged coimtrv- men!" But no resj)on.se could be made to this appeal in time to save the garrison. At the same time that Travis wrote to Ponton he .sent a messenger to Fannin at Goliad, asking for assistance. Fannin had some four hun- dred and twenty men there, and on February 26 he started with most of them for San .■\ntonio, but shortlv afterward changed his mind and returned to the fort at Goliad, which he began to strengthen. The ac- count of his movements and the reasons therefore are given in a letter w ritten by his aid, John Sowers Brooks, on March 2 : "We marched at the time appointed, with * * * nearl) the whole force at Goliad, leaving only one Company of Regulars to guard the Fort. Our baggage wagons and artillery were all drawn by oxen (no broken horses could be obtained) and there were biU a few yokes of them. In attempting to cross the San .Antonio River, three of our wagons broke down and it was with the utmost labor and personal hazard, that our four pieces of cannon were conveyed safely across. We remained there during the day, with our ammuni- tion wagon on the opposite side of the river. During the night, some of the oxen strayed off and could not be found the next morning. Our situation became delicate and embarrassing in the extreme. If we proceeded we must incur the risk of starvation, and leave our luggage and artillery behind. The comitry between us and Bexar is entirely unsettled, and there would be but little hope of obtaining ])rovisions on the route and we would he able only to carry 12 rounds of cartridges each. Every one felt an anxiety to relieve our friends, who we had been informed, had retired to the Alamo, a fortress in Bexar, resolved to liold out, until our arrival. Yet every one saw the impropriety, if not the impossibilitv of our proceeding utider existing circumstances and it was e<|ually apparent to all that 280 HISTORY UF TEXAS our evacuation of Goliad would leave the whole frontier from Bexar to the coast open to the incursions of the enemy, who were then concentrating at Laredo, and the provisions, clothing, military stores, et cetra, at Dimmitt's Landing and jMatagorda, perhaps all that were in Texas, would eventually be lost. Intelligence also reached us that the advance of Santa Anna's lower division had surprised San Patricio about fifty miles in front of our position and put the whole garrison under the command of Colonel Johnson to the sword. Five of them have reached this place. Colonel Johnson is one of them, and they are probably all that have escaped. Captain Pearson of the Volunteers, was killed with several others, after they had surrendered. The war is to be one of extermination. Each party seems to under- stand that no quarters are to be given or asked. W'e held Council of Wcir in the bushes on the bank of the river ; and after a calm review of all these circumstances, it was concluded to return to Goliad, and place the Fort in a defensible condition." Travis's last messages were borne through the besieging lines by John W. Smith on the night of March 3. A letter to the president of the con- vention gave a report of the siege since February 25 : "CoM.MANDANCY OF THE Alamo Bejar, March 3d 1836. "Sir: In the present confusion of the political authorities of the country, and in the absence of the commander-in-chief, I beg leave to communicate to you the situation of this garrison. You have doubtless already seen my official report of the action of the twenty- fifth ult. made on that day to Gen. Sam. Houston, together with the various communications heretofore sent by express, I shall there- fore confine myself to what has transpired since that date. "From the twenty-fifth to the present date the enemy have kept up a bombardment from two howitzers, — one a five and a half inch, and the other an eight inch. — and a heavy cannonade from two long nine-pounders, mounted on a battery on the opposite side of the river at a distance of four hundred yards from our wall. During this period the enemy have been busily employed in encircling us in with entrenched encampments on all sides, at the following distance, to wit : In Bejar. four hundred yards west ; in Lavilleta, three hundred yards south : at the powder house, one thousand yards east of south; on the ditch, eight hundred yards northeast, and at the old mill, eight hundred yards north. Notwithstanding all this, a com- pany of thirty-two men from Gonzales, made their wav in to us on the morning of the first inst. at three o'clock, and Col. J. B. Bon- ham (a courier from Gonzales) got in this morning at eleven o'clock, without molestation. I have fortified this place, so that the walls are generally proof against cannon balls ; and I still continue to en- trench on the inside, and strengthen walls by throwing up the dirt. M least two hundred shells have fallen inside of our works without having injured a single man ; indeed we have been so fortunate as not to lose a man from any cause, and we have killed many of the enemy. The spirits of my men are still high, although they have had much to depress them. We have contended for ten days against HISTORY OF TEXAS 281 an enemy whose numbers are variously estimated at from fifteen hundred to six thousand men, with General Ramirez Sesma and Colonel Batres, the aid-de-camp, of Santa Anna, at their head. A report was circulated that Santa Anna himself was with the enemy, but I think it was false. A reinforcement of about one thousand men is now entering Be jar, from the west, and 1 think it more than probable that Santa Anna is now in town, from the rejoicing we hear. "Colonel Fannin is said to be on the march to this place with re- inforcements, but I fear it is not true, as I have repeatedly sent to him for aid without receiving any. Colonel Bonham, my special mes- senger, arrived at La Bahia fourteen days ago, with a request for aid; and on arrival of the enemy in Bejar, ten days ago, I sent an express to Colonel F., which arrived at Goliad on the next day, urging him to send us reinforcements; none have yet arrived. 1 look to the colonies alone for aid ; unless it arrives soon, I shall have to light the enemy on his own terms. I will, however, do the best 1 can under the circumstances : and I feel confident that the deter- mined valor and desperate courage, heretofore exhibited by my men, will not fail them in the last struggle ; and although they may be sacrificed to the vengeance of a Gothic enemy, the victory will cost the enemy so dear, that it will be worse for him than a defeat. I hope your honorable body will hasten on reinforcements, ammuni- tion, and provisions to our aid as soon as possible. We have i)ro- visions for twenty days for the men we have. Our supply of amnni- nition is limited. .At least five hundred pounds of cannon powder, and two hundred rounds of six, nine, twelve and eighteen pound balls, ten kegs of rifle powder and a supply of lead, should he sent to the place without delay, under a sufficient guard. "If these things are |)roniptly sent, and large reinforcements are hastened to this frontier, this neighborhood will be the great and decisive ground. The power of Santa .Anna is to be met here, or in the colonies ; we had better meet them here than to sufTer a war of devastation to rage in our settlements. .A. blood red banner waves from the church of Hejar. and in the camp above us. in token that the war is one of vengeance against rebels; they have declared us as such ; demanded that we should surrender at discretion, or that this garrison should be put to tlie sword. Their threats have had no influence on me or my men, but to make all fight with desperation, and that high souled courage which characterizes the patriot, who is willing to die in defence of his country's liberty and his own honor. "The citizens of this municipality are all our enemies, except lho.se who have joined us heretofore. We have but three Mexican'^ now in the fort: those who have not joined us, jn this extremit\-, should be declared public enemies, and their property should aid in j)aying the expenses of the war. "The bearer of this will give your honorable bodv a statement more in detail, should he escape through the enemy's lines. "God and Texas — Victory or Death. Your obedient servant, W. Barrett Travis. "Lieut. Col. Coniiii." 161 IIISIURV OF TKXAS "F. S. The enemy's troops are still arriving, and the reinforce- ment will probably amount to two or three thousand. T." The movements of the Mexicans against the Alamo can be followed in the words of Colonel Almonte, whose diary was found in San Jacinto by Dr. Anson Jones. The first division of Santa Anna's army reached San Antonio on February 2.v The Texans were taken by surprise, and retired to the Alamo without resistance. Later, as we have seen from Travis's letter, they were fortiuiate enough to collect some supplies with- in the walls. Almonte's account of the next week's action is as follows : "Thursday, 25th. The firing from our batteries was commenced early. The General-in-Chief, with the battalion de Cazadores, crossed the river and posted themselves in the Alamo ; that is to say, in the houses near the fort. A new fortification was commenced by us near the houses of M'MuUen. In the random firing, the enemy wounded four of the Cazadores de Matamoras battalion, and two of the bat- talion of Ximenes and killed one corporal and a soldier of the bat- tallion of Matamoras. Our fire ceased in the afternoon. In the night two batteries were erected by us on the other .side of the river, in the Alameda of the Alamo ; the battalion of Matamoras was also posted there, and the cavalry was posted on the hills to the east of the enemy, and in the road from Gonzales at the Casa Mata Antiqua. At half-past eleven at night we retired. The enemy in the night burnt the straw and wooden houses in their vicinity, but did not attempt to set fire with their guns to those in our rear. .\ strong north wind commenced at nine at night. "Friday. 26th. The northern wind continued very strong; the thermometer fell to .39. and during the rest of the day remained at 60. At daylight there was a slight skirmish between the enemy and a small party of the division of the east, under the command of General Sesma. During the day the firing from our cannon was continued. The enemy did not reply except now and then. .-\t night the enemy burnt the small houses near the parapet of the battalion of San Luis, on the other side of the river. .Sonie sentinels were advanced. In the cour.se of the day the enemy sallied out for wood and water, and were opposed by our marksmen. The northern wind continues. ".Saturday. 27th. Lieutenant Menchard was sent with a party of men for corn, cattle, and hogs, tn the farms of .Seguin and Flores. It was determined to cut ofif the water from the enemy on the side next the old mill. There was little firing from either side during the day. The enemy worked hard all day to repair some intrenchments. In the afternoon the President was observed bv the enemy, and fired at. In the night a courier was despatched to Mexico, informing the Government of the taking of Bexar. "Sunday. 28th. Xews received that a reinforcement of 200 men was coming to the enemy by the road from La Bahia. The cannon- ading was continued. "Monday, 29th. In the afternoon, the battalion of .A.llende took post at the east of the .\lam(). The President reconnoitered. .\t midnight General Sesma left the camp with the cavalry of Dolores til STORY OF TEXAS 283 and the infantry of Allende, to meet the L-iKiny coming from l.:i Bahia to the relief of the Alamo. "Tuesday, March 1st. Early in the morning General Sesma wrote from the Mission of Esjjada that there was no enemy, or traces iif anv, to lie discovered. The cavalry and infantry returned to camj). At twelve o'clock the F'resident went out to reconnoiter the mill site of the nortiuvest of the .Alamo. Colonel Ampudia was commissioned to construct more trenches. in the afternoon the enemy fired two twelve-p(iunds shots at the hou>c of the President, one of which struck it. "Wednesday, 2nd. Information was received that there was corn at the farm of Seguin. and Lieutenant ^lencliard with a party sent for it. The President disccjvered in the aftt-rnoon a covered road within pistol-shot of the .-Xlamo. and posted the battalion of Ximenes there. "Thursday, 3rd. The enemy tired a few cannon and musket shot at the city. 1 wrote to Mexico, directing my letters to be sent to Bexar — that before three months the campaign would be ended. The General-in-Chief went out to reconnoiter. A battery was erected on the north of the Alamo, within jtistol shot. Official despatches were received from Urrea. announcing that he had routed the Colo- nists of San Patricio, killing sixteen, and taking twenty-one pris- oners. The bells were rung. The battalions of Zapadores, Aldama, and Toluca arrived. The enemy attempted a sally in the night, at the sugar mill, but were repulsed by our advance. "Friday, 4th. Commenced tiring early, which tlu- enemy did not return. In the afternoon one or two shots were tired by them. A meeting of Generals and Colonels was held. After a long confer- ence, Cos. Castrillon. and others, were of opinion that the .\lamo should be assaulted after the arrival of two twelve-pounders expected on the 7th instant. The President, General Ramirez Sesma, and my- self, were of opinion that the twelve-pounders should not be waited for, but the assault made. In this state things remained, the Gene- ral not coming to any definite resolution."' -\t two o'clock in the afternoon of March 5 .Santa Anna issued secret orders to prepare for storming the .-Maino at four o'clock the following morning: "To the Generals. Chiefs of .Sections and Commanding Officers. "The time has come to strike a decisive blow upon the enemy oc- cupying the P'ortress of the .■\lamo. Consequently, His Excellency, the General-in-Chief, has decided that, to-morrow at 4 o'clock a. m.. the columns of attack shall be stationed at musket-shot distance from the first entrenchments, readv for the charge, which shall com nience. at a signal to be given with the bugle, from the Northern Battery. "The first column will he commanded by Gen. Don Martin Per- fecto Cos, and, in his absence, bv mvself. "The Permanent Battalion of .\ldama (except the com])any of Grenadiers) and the three right centre comp;inies of the .\ctive Bat- talion of San r.uis. will comprise ibis fir'^t column. 284 HISTORY OF TEXAS "The second column will be commanded by Col. Don Francisco Duque, and, in his absence, by Gen. Don Manuel Fernandez Cas- trillon ; it will be composed of the Active Battalion of Toluca (except the company of Grenadiers) and the three remaining centre com- panies of the Active Battalion of San Luis. "The third column wall be commanded by Col. Jose Maria Romero, and, in his absence by Col. Mariano Salas : it will be com- posed of the i'ermanent Battalions of Matamora.^ and Jimenes. "The fourth column will be commanded by Col. Juan Morales, and, in his absence, by Col. Jose Miiion ; it will be composed of the light companies of the Battalions of Matamoras and Jimenes. and of ihe Active Battalion of San Luis. "His Excellency, the General-in-Chief, will, in due time, designate the points of attack, and give his instructions to the Commanding Officers. "The reserve will be composed of the Battalion of Engineers and Ihe five companies of Grenadiers of the Permanent Battalions of Matamoras, Jimenes and Aldama. and the Active Battalions of Toluca and San Luis. "This reserve will be commanded by the General-in-Chief in per- son, during the attack ; but Col. Augustine Amat will assemble this party, which will report to him. this evening, at 5 o'clock, to be marched to the designated station. "The first column will carry ten ladders, two crowbars and two axes ; the second, ten ladders ; the third, six ladders : and the fourth, two ladders. "The men carrying the ladders will sling their guns on their shoulders, to be enabled to place the ladders wherever thev mav be required. "The companies of Grenadiers will be supplied with six packages of cartridges to every man. and the centre companies with two pack- ages and two spare flints. The men will wear neither overcoats nor blankets, or anything that may impede the rapidity of their motions. The Commanding Officers will see that the men have the chin straps of their caps down, and that they wear either shoes or sandals. "The troops composing the columns of attack will turn in to sleej) at dark : to be in readiness to move at 12 o'clock at night. "Recruits deficient in instruction will remain in their quarters. 'Jhe arms, principally the bayonets, should be in perfect order. "As soon as the moon rises, the centre companies of the Active Battalion of San Luis will abandon the points thev are now occupying on the hne, in order to have time to prepare. "The cavalry, under Col. Joaquin Ramirez y .Sesma. will be stationed at the Alameda, saddling up at 3 o'clock a. m. It shall be its duty to scout the country, to prevent the possibility of an escape. "The honor of the nation being interested in this engagement against the bold and lawless foreigners who are opposing us. His Ex- cellency expects that every man will do his dutv. and exert himself to give a day of glory to the country, and of gratification to the Supreme HISTORY OF TEXAS 285 Government, who will know how to reward the distinguished deeds of the brave soldiers of the Army of Operations." Santa Anna's official report to the war department of the fall of the Alamo is in some particulars undoubtedly false — as, for example, in the numbers which he gives — but with full allowance for misrepre- sentations, it pictures a thrilling engagement : "Most Excellent Sir : Victory belongs to the army, which, at this very moment, 8 o'clock a. m., achieved a complete and glorious triumph that will render its memory imperishable. "As I had stated in my report to Your Excellency of the taking of this city, on the 27th of last month, I awaited the arrival of the 1st Brigade of Infantry to commence active operations against the Fort- ress of the Alamo. However, the whole Brigade having been de- layed beyond my expectation, I ordered that three of its Battalions, viz., the Engineers — Aldama and Toluca — should force their march to join me. These troops together with the Battalions of Matamoras. Jimenes and San Luis Potosi, brought the force at my disposal, recruits excluded, up to 1,400 Infantry. This force, divided into four columns of attack, and a reserve, commenced the attack at 5 o'clock a. m. They met with a stubborn resistance, the combat lasting more than one hour and a half, and the reserve having to be brought into action. "The scene offered by this engagement was extraordinary. The men fought individually, vieing with each other in heroism. Twenty- one pieces of artillery, used by the enemy with the most perfect ac- curacy, the brisk fire of musketry, which illuminated the interior of the Fortress and its walls and ditches, could not check our dauntless soldiers, who are entitled to the consideration of the Supreme Gov- ernment, and to the gratitude of the nation. "The Fortress is now in our power, with its artillery, stores, etc. More than fiOO corpses of foreigners were buried in the ditches and intrenchments. and a great manv. who had escaped the bayonet of the infantry, fell in the vicinity under the sabres of the cavalry. I can assure Your Excellency that few are those who bore to their asso- ciates the tidings of their disaster. "Among the corpses are those of Bowie and Travis, who styled themselves Colonels, and also that of Crockett, and several leading men. who had entered the Fortress with dispatches from their Con- \ention. We lost about 70 men killed and 300 wounded, among whom are 25 officers. The cause for which they fell renders their loss less painful, as it is the duty of the Mexican soldier to die for the defense of the rights of the nation : and all of us were ready for any sacrifice to promote this fond object : nor will we hereafter. sutTer any foreigners, whatever their origin iiiav be. to insult our country and to pollute its soil. "I shall, in due time, send to Your Excellency a circumstantial re- port of this glorious tritnni)h. Xow I have onlv time to congratulate the nation and the |)resident ad interim, to whom I request you to ■-nhiiiil this report. 286 HISTORY OF TEXAS ■"J'he bearer takes with him one of the flags of the enemy's Bat- tahons, captured to-day. The inspection of it will show plainly the true intention of the treacherous colonists, and of their abettors, who came from the ports of the United .States of the North. "God and Liberty ! "Headquarters. Bexar. March 6th. 1836. AxTo.xio Lopez de S.\xta .\nna." "7"() His E.vccllciicx. Ihc Sccrctar\ of ]i'ar and .Vot'V, General Jose Maria Tontcl." Francisco Ruiz, the alcalde of .San .\ntonio, gives some important additional details. He says: "On the 6th ^larch ( 18.^6) at 3 a. m.. General Santa Anna at the head of 4.000 men advanced against the Alamo. The infantry, ar- tillery and cavalry had formed about 1.000 varas from the walls of the same fortress. The Mexican army charged and were twice re- pulsed by the deadly fire of Travis's artillery, which resembled a constant thunder. At the third charge the Toluca battalion com- menced to scale the walls and suffered severely. Out of 830 men onlv 130 were left live. "When the ilexican army entered the walls. I with the political chief. Don Ramon Musquiz and other members of the corporation, accompanied by the curate. Don Refugio de la Garza, who by Santa .Vnna's orders had assembled during the night at a temporary forti- fication on Protero Street, with the object of attending the wounded, etc. .\s soon as the storming commenced we crossed the bridge on Commerce street, with this object in view and about 100 yards from the same a party of Mexican dragoons fired upon us and com]3elled us to fall back on the river and the place we occupied before. Half an hour had elapsed when Santa Anna sent one of his aides-de-camj) with an order for us to come before him. He directed me to call on some of the neighbors to come with carts to carry the (Mexican) dead to the cemeterv and to accomi^any him. as he was desirous to have Colonels Travis, Bowie, and Crickett shown to him. "On the north battery of the fortress convent, lay the lifeless body of Colonel Travis on the gun carriage, shot only through the fore- head. Towards the west, and in a small fort opposite the city, we found the body of Colonel Crockett. Colonel Bowie was found dead in his bed in one of the rooms on the south side. "Santa .\nna. after all the Mexican bodies had been taken out. ordered wood to be brought to burn the bodies of the Texans. He sent a companx- of dragoons with me to bring wood and dry branches from the neighboring forests. ,\bout three o'clock in the afternoon of March 6. we laid the wood and drv branches upon which a pile of dead bodies were placed, more wood was piled on them and another pile of bodies was brought and in this manner thev were all arranged in lavers. Kindling wood was distributed through the pile and about .^ o'clock in the evening it was lighted. "The dead Mexicans of Santa .'\nna were taken to the grave-yard, hut not having sufficient room for them. T ordered some to he thrown into the river, which was done on the same dav. HISTORY OF TEXAS 287 "The gallantry of the few Texati> who defended the Alamo was reallv wondered at by the Mexican army. I*"ven the generals were astonished at their vigorous resistance and how dearly victory was bought. "The generals, who under Santa .\nna participated in the storm- ing of the Alatno. were Juan Amador. Castrillon. Ramirez y Sesma and Andrade. The men [TexansJ burnt were one hundred and eighty-two. I was an eye-witness, for as .\lcalde of San Antonio, I was, with some of the neighbors, collecting the dead bodies and placing them on the funeral pyre." Francis Antonio Ruiz." The most thorough study of the fall of the Alamo which has yet been made was published by Captain R. M. Potter in 1878. and the ex- tracts which follow are from his study : "The fall of the Alamo and the massacre of its garrison, which in 1836 opened the campaign of Santa .\nna in Texas, caused a pro- found sensation throughout the United States, and is still remembered with deep feeling by all who lake an interest in the history of that section ; yet the details of the final assault have never been fully and correctlv narrated, and wild exaggerations have taken their place in popular legend. The reason will be obvious when it is remembered that not a single combatant of the last struggle from within the fort survived to tell the tale, while the official reports of the enemv were neither circumstantial nor reliable. U'hen horror is intensified by my.stcrv. the sure jiroducl is romance. .\ trustworthy account of the assault could be coinpiled only by comparing and combining the ver- bal narratives of such of the assailants as could be relied on for veracity, and adding to this such lights as might be gathered from military documents of that period, from credible local information, and from anv source more to be trusted than rumor. .\s 1 was a resident at Matamoro-^ when the event occured, and for several months after the invading arn)y retreated thither, and afterwards resided near the scene of action, 1 had opportunities for obtaining the kind of information referred to better perhaps than have been possessed bv any person now living outside of Mexico. I was often urged to ])ublish what T had gathered on the subject, as thereby ati in- teresting passage of history might be preserved. T con.sequently gave to the San .Antonio Herald in 18fiO .m imperfect outline of what is contained in this article, and the communication was soon after ]irinted in pamphlet form. Subse(|uenlly to its ap|)earance, however. I obtained many additional and interesting details, mostly from Col. Juan N. Seguin of San .\ntonio, who had been an officer of the garrison up to within six days of the assault. His death, of which I have since heard, no doubt took away the last of those who were soldiers of the .\lamo when it was first invested. I now offer these sheets as a revision and enlargement of my article of 1860. "Before beginning the narrative, however, I must describe the Alamo and its smToundings as thev existed in the spring of 18.Vi. 288 HISTORY OF TEXAS San Antonio, then a town of about 7,000 inhabitants, had a Mexi- can population, a minority of which was well affected to the cause of Texas, while the rest were inclined to make the easiest terms they could with whichever side might be for the time being dominant. The San Antonio River, which, properly speaking, is a large rivulet, divided the town from the Alamo, the former on the west side and the latter on the east. The Alamo village, a small suburb of -San An- i ■■■■-■ -11 L J \ + .J?J liit-tlf Q ? t\' r^ « I a 7i t 1 1 -J PiCKEf FEMCf- u n 71 1 CATTLE PCM. >2 n \ .•^ L \ 1 ■ - > h 5 > > > ) -1„J 1 SMALL AREA. ^ , n 1 ' — 1 _, 1 P p 1 ! K It. < S T o a. NOOK COV!R[D BY C (NTRENCMMENT CHAPF.L f-IO; f 1 n- 1 .1 n fi ■?> n i o M PLA OF 7H1 >»ILA\ N VI! Qt r 1 s ___^__ •^ ■ Br 1 DJ./D. . 1 s-'-^-^i Trym roi Tt.njlf.SA The Alamo. S.\x Antonio tonio. was south of the fort, or Mission, as it was originally called, which bore the same name. The latter was an old fabric, built during the first settlement of the vicinty by the Spaniards ; and having been originally designed as a place of safety for the colonists and their property in case of Indian hostility, with room sufficient for that purpose, it had neither the strength, compactness, nor dominant points which ought to belong to a regular fortification. The front of the Alamo Chapel bears date of 1757. but the other works must have been built earlier, .'\s the whole area contained between two JllS'lUk^ CM" J I'.XAS 289 and three acres, a thousand men would have barely sufficed to man its defenses; and before a rejjular siege train they would soon have crumbled. Yoakum, in his history of Texas, is not only astray in hi-; details of the assault, bui mistaken about the measurement of the place. Had the works covered no more ground than he repre- sents, the result of the assault might have been dififerent. "From recollection of the locality, as I viewed it in 1841, I could in 1860 trace the extent of the outer walls, which had been demol- ished about thirteen years before the latter period. The dimensions here given are taken from actual measurement then made ; and the accompanying diagram gives correct outlines, though without aiming at close exactitude of scale. The figure A in the diagram represent-- the chapel of the fort, 75 feet long, 62 wide, and 22>4 high, with walls of solid masonry, four feet thick. It was originally of but one story, and if it then had any windows below, they were probably walled up when the place was prepared for defense. B locates a platform in the east end of the chapel. C designates its door ; and /' marks a wall, 50 feet long and about 12 high .connecting the chapel with the long barrack, EE. The latter was a stone house of two stories, 186 feet long, 18 wide, and 18 high. FF is a low, one-story stone barrack, 114 feet long and 17 wide, having in the centre a portc- cochcrc, S, which passed through it under the roof. The walls of these two houses were about thirtv inches thick, and they had flat terrace roofs of beams and plank, covered w-ith a thick coat of cement. G H I K were flat-roofed, stone-walled rooms built against the inside of the west harrier. E E E E E denote barrier walls. enclosing an area, 154 yards long and 54 wide, with the long bar- rack on the east and the low barrack on the south of it. These walls were 2-54 feet thick, and from 9 to 12 high, except the strijj which fronted the chapel, that being only four feet in height. This low piece of wall was covered b^• an oblique intrenchment, marked R. and yet to be described, which ran from the southwest angle of the cha[)el to the east end of the low barrack. M marks the place of a palisade gate at the west end of the intrenchment. The small letter> (n) locate the doors of the several rooms which opened upon the large area. Mcst of those doors had within a semicircular parapet for the use of marksmen, composed of a double curtain of hides, upheld by stakes and filled in with rammctl earth. .Some of the rooms were also loopholed. O O mark barrier walls, from 5 to 6 feet high and 2-54 thick, which enclosed a smaller area north of the chaiiel and east of the long barrack. P designates a cattle yard east of the barrack and south of the small area ; it was enclosed by a picket fence. shows the locality of a battered breach in the north wall. "The above-described fort, if it merited that name, was, when the siege commenced, in the conflition for defense in which it had been left by the Mexican irencral. Cos, when he capitulated in the fall of 18,'?5. The chapel, except the west end and north projection, had been tmroofed. the east end beine occupied bv the nlAtforni of earth P. 12 feet high, with a slope for asce.nsion to the west. On its II.. I 1!1 290 HISTORY OF TEXAS level were mounted three pieces of cannon. One (Ij, a 12-pounder, pointed east through an embrasure roughly notched in the wall ; another (2) was aimed north through a similar notch; and another (3) fired over the wall to the south. High scaffolds of wood en- abled marksmen to use the top of the roofless wall as a parapet. The intrenchment (R) consisted of a ditch and breastwork, the latter of earth packed between two rows of palisades, the outer row- being higher than the earthwork. Behind it and near the gate was a battery of four guns (4 5 6 7), all 4-pounders. pointing south. The portc-cochcre through the low barrack was covered on the out- side by a lunette of stockades and earth, mounted with two guns (8, 9). In the southwest angle of the large area was an 18-pounder (10), in the centre of the west wall a twelve-pound carronade (11), and in the northwest corner of the same area an eight-pounder (12), and east of this, within the north wall, two more guns of the same calibre ( 13. 14). All the guns of this area were mounted on high platforms of stockades and earth, and fired over the walls. The several barriers were covered on the outside with a ditch, except where such guard was afforded by the irrigating canal, which flowed on the east and west sides of the fort and served to fill the fosse with water. "Thus the works were mounted with fourteen guns, which agrees with Yoakum's account of their number, though Santa Anna in his report exaggerates it to twent>'-one. The number, however, has little bearing on the merits of the final defense with which cannon had very little to do. These guns were in the hands of men unskilled in their use, and owing to the construction of the works most of them had little width of range. Of the buildings above described, the chapel and the two barracks are probably still standing. They were repaired and newly roofed during the Mexican war for the use of the United States Quartermaster's department. * * * "On the 4th of March Santa Anna called a council of war. and fixed on the morning of the 6th for the final assault. The besieging force now aroimd the Alamo, comprising all the Mexican troops which had yet arrived, consisted of the two dragoon regiments of Dolores and Tampico. which formed a brigade, commanded by Gene- ral Andrade, two companies or batteries of artillery under Colonel Ampudia, and six battalions of infantry, namely. Los Zapadores (engineer troops). Jimenes, Guerrero, Matamoros, Toluca, and Tres Vilalas. These six battalions of foot were to form the storming forces. The order for the attack, which I have read, but have no copy of, was full and precise in its details, and was signed by Gene- ral Amador, as Chief of Staff. The infantry were directed at a certain hour between midnight and dawn to form at convenient dis- tances from the fort in four columns of attack and a reserve. These dispositions were not made by battalions, for the light companies of all were incorporated with the Zapadores to form the reserve, and other transpositions were made. A certain number of scaling ladders, axes, and fascines were to be borne bv particular columns. A com- manding officer, with a second to replace him in case of accident, HISTORY OF TEXAS 291 was named, and a point of attack designated for each column. The cavalry were to be stationed at suitable points around the fort to cut off fugitives. I'rom what 1 have learned from men engaged in the assault, it seems that these dispositions were modified before it was carried out so as to combine the five bodies of infantry, including the reserve, into only three columns of attack, thus leaving no actual reserve but the cavalry. The immediate direction of the assault seems to have been intrusted to General Castrillon, a Spaniard by birth and a brilliant soldier. Santa Anna took his station, with a part of his staff and all the bands of music, at a battery about five inmdred yards south of the Alamo and near the old bridge, from which post a signal was to be given by a bugle-note for the columns to move simultaneously at double-quick time against the fort. One. consisting of Los Zapadores, Toluca, and the light companies, and commanded by Castrillon, was to rush through the breach on the north : another, consisting of the battalion of Jimenes and other troops, and commanded by General Cos, was to storm the chapel : and a third, whose leader I do not recollect, was to scale the west barrier. Cos, who had evacuated San Antonio a year before under capitulation, was assigned to the most difficult point of attack, prob- ably to give him an opportunity to retrieve his standing. By the timing of the signal it was calculated that the columns would reach the foot of the wall just as it should become sufficiently light for good operation. "When the hour came, the south guns of the Alamo were answer- ing the batteries which fronted them ; but the music was silent till the blast of a bustle was followed bv the rushing tramp of soldiers. The guns of the fort opened upon the moving masses, and Santa Anna's bands struck up the assassins note of deauello, or no quarter. But a few and not very effective discharges of cannon from the works could be made before the enemv were under them, and it was probably not till then that the worn and wearied garrison was fully mustered. Cas- trillon's column arrived first at the foot of the wall, but was not the first to enter. The guns of the north, where Travis commanded in person, probably raked the breach, and this or the fire of the riflemen brought the column to a disordered halt, and Colonel Duque, who commanded the battalion of Toluca, fell dangerously wounded ; but. while this was occurring, the column from the west crossed the bar- rier on that side by escalade at a point north of the centre, and as this checked resistance at the north, Castrillon shortly after passed the breach. It was probablv while the enemy was thus pouring into the large area that Travis fell at his post, for his body, with a single shot in the forehead, was found beside the gun at the northwest angle. The outer walls and batteries, all except one gim. of which T will speak, were now abandoned by the defenders. In the meantime Cos had again proved unluckv. His column was repulsed from the chapel, and his troops fell hack in disorder behind the old stone stable and huts that stood south of the southwest angle. There they were soon rallied and 1rd into the largo area bv General Amador. 292 lllSJOkV OF TEXAS I am not certain as to his point of entrance, but he probably fol- lowed the escalade of the column from the west. "This all passed within a few minutes after the bugle sounded. The garrison, when driven from the thinly manned outer defences, whose early loss was inevitable, took refuge in the buildings before described, but mainly in the long barrack ; and it was not until then, when they became more concentrated and covered within, that the main struggle began. They were more concentrated as to space, not as to unity of command ; for there was no communicating be- tween buildings, nor, in all cases, between rooms. There was little need of command, however, to men who had no choice left but to fall where they stood before the weight of numbers. There was now no retreating from point to point, and each group of defenders had to fight and die in the den where it was brought to bay. From the doors, windows, and loopholes of the several rooms around the area the crack of the rifle and the hiss of the bullet came fierce and fast ; as fast the enemy fell and recoiled in his first efforts to charge. The gun beside which Travis fell was now turned against the build- ings, as were also some others, and shot after shot was sent crashing through the doors and barricades of the several rooms. Each ball was followed by a storm of musketry and a charge ; and thus room after room was carried at the point of the bayonet, when all within them died fighting to the last. The struggle was made up of a num- ber of separate and desperate combats, often hand to hand, between s(|uads of the garrison and bodies of the enemy. The bloodiest spot about the fort was the long barrack and the ground in front of it. where the enemy fell in heaps. "Before the action reached this stage, the turning of Travis' gun by the assailants was briefly imitated by a group of the defenders. '.\ small piece on a high platform,' as it was described to me by (General Bradburn, was wheeled by those who manned it against the large area after the enemy entered it. Some of the Mexican officers thought it did more execution than any gun which fired outward ; but after two effective discharges it was silenced, when the last of its cannoneers fell under a .shower of bullets. I cannot locate this gun with certainty, but it was probably the twelve pound carronade which fired over the centre of the west wall from a high commanding position. The smallness as.signed to it perhaps referred onlv to it-- length. .\ccording to Mr. Ruiz, then the Alcalde of San .Antonio, who after the action, was required to point out the slain leaders to Santa Anna, the body of Crockett was found in the west batterv jtist referred to; and we may infer that he either commanded that jjoint or was stationed there as a sharpshooter. The common fate overtook Bowie in his bed in one of the rooms of the low barrack, when he probably had but a few days of life left in him; yet he had enough remaining, it is said, to shoot down with his pistols more than one of his assailants ere he was butchered on his couch. If he had sufficient strength and consciousness left to do it. we may safelx' assume that it was done. HlSroRV C)K TEXAS 293 "Thf chaptl, which was ihc last puiiu taken, was carried by a coup de m00. Where the slaughter was wrought by good firearms in good hands at close quarters there would hardly he such disparity between the number of killed and wounded. The probability is that he struck off an even thousand from the round numbers of the assaulters and 100 or 200 from the number of his killed, while he made out as big a butchery of rebels as Mexican credulity would swallow. If we correct his falsification on this assumption, he had in the assault 2,400, and lost in killed and wounded 460 or 560. Anselmo Bor- gara, a Mexican, who first reported the fall of the Alamo to Gen- eral Houston, at Gonzales, having left .San Antonio the evening after it occurred, stated that the assaulting force amounted to 2,300 men, of whom 521 were killed and as many wounded. He had probably found means of ascertaining with approximate correctness the number of infantry at San .^ntonio; but his report of the loss has evidently acquired its bulk hv the process of doubling. Neither Mexican troops nor any others are ai)t to take forts with a loss of more than two-fifths of their number. He had probably heard of 521 as the total of killed and wounded, and then converted the whole 296 ill STORY Ul- TiiXAS into the former a:id supposed an equal amount of the latter. The odd numbers attached to the hundreds, and the limits which prob- abihty would assign to a large loss, favor the belief that he had heard the result of an actual count of the whole deficit. This an- alysis of falsehood may not be a very sure way of finding out truth, but it is not without value when it has some corroboration. The Mexican officers captured at San Jacinto, including Santa Anna's secretary, as I was told by Colonel Seguin, were generally of the opinion that the loss at the Alamo in killed and wounded was about 500. Some rated it lower, and others higher ; and one, but only one. went as high as 700. The opinions of such enlisted men as I have conversed with were about the same as tho.se of the officers, rang- ing from 400 to 600. Nothing is more apt to make an exaggerated impression on the casual view than a field of slaughter, and I think that the higher of the above estimates may be errors of that kind, (jeneral Bradburn, who was at the scene of action soon after it occurred, believed that the eventual loss to the service (killed and disabled for life) would be 300. This I consider equivalent to 500 killed and wounded, and it is my opinion that the Mexican loss at the Alamo differed little from that number. "Now, if 500 men were bullet-stricken by 180 in half an hour or little more, it was a rapidity of bloodshed which needs no ex- aggeration ; but it may require strong proofs to save it from the imputation of fiction, for defenders of better forts than the .Alamo seldom slay many times more than their own number, imless they pos.sess extraordinary means or opportunities for destruction. The slaughter was not in this case the carnage of unresisted pursuit, like that of San Jacinto, nor the sweeping havoc of cannon under favor- able circumstances, like that of Sandusky. The main element of defence was the individual valor and skill of men who had few advantages of fortification, ordnance, discipline, or command. All their deficiencies, which were glaring, serve only to enhance the merit of individuality, in which no veterans could have excelled them. It required no ordinary bravery, even in greatly superior numbers, to overcome a resistance so determined. The Mexican troops displayed more of it in this assault than they have done on almost any other occasion ; but it must be remembered that better troops than those of Santa Anna always fail under loss as heavy as romance often assigns to the assailants of the Alamo. "If we owe to departed heroes the duty of pre.serving their deeds from oblivion, we ought to feel as strongly that of defending their memory against the calumnious effect of false eulogy, which in time might cause their real achievements to he doubted." CHAITKR XX JOHNSON AND GRANT AND FANNIN Soon after the fall of San Antonio, Colonel Gonzales, a former fed- eral ofticer, but who had joined the Texans and obtained authority to raise men and annoy the enemy in every way he could, arrived with some hundred Mexican adherents. During his stay at San Antonio, it was agreed that such of the force then in San Antonio as would volun- teer should join him in an expedition against Matamoras, (lonzales assur- ing us that he would be able, in a short time, to augment his force to 1,000 or more men. from the Rio Grande settlements, lie left, after promising to keep us informed of his movements, and to establish a plan of rendezvous. That was the last we heard of him. Impressed with the importance of occupying and holding iVlatamoras, and thus transferring the war into the enemy's country, as well as giving employment to the volunteer troops. Colonel Johnson repaired to San i'elipe to lay it before, and get the authority of, the Provisional Govern- ment to make the campaign. Colonel Grant, in the ineantime, raised a force of such as would volunteer, and marched to Goliad, and thence to Refugio, at which place Colonel Johnson joined him, after getting the authority of the government to make the expedition. Colonel Fannin was aLso authorized to ship the "(jeorgia Battalion," then at the mouth of the Brazos, and but recently arrived, to Copano, for the same purpose. Fannin and the troops arrived in due time and, after being elected colonel, and coming to an understanding with Colonels Johnson and (irant, he marched to Goliad, where he was joined by other volunteers, which increased his force to some 500 men. Johnson and Grant jiroceeded to .San Patricio on the Nueces River, where they remained .some time reconnoitering and scouring the country around, capturing a small Mexican force, which was relea.sed on parole. The officer commanding was allowed the privilege of the camp on his word of honor not to leave. He, however, soon deserted and joined I'rrea at Matamoras. Soon after this. Johnson and (iranl crossed the Nueces, and advanced lo Rio Colorado, on the road to Matamoras. for the purpose of getting horses to mount a cavalry force, an arm much needed by Fannin. Thev succeeded in obtaining horses ^iifiicient to mount at least 100 men. While lying at .San Patricio we had been joined by Daniel J. Toler. a iiartner of Colonel Grant, who. \\ hen the state Congress adjourned, went to Parras for the purpose of Inokintr after their estate and infortned us that, on his way to Texas, he saw .Santa .Anna and his army at Sal- lillo. which he estimated at some 8.000 or 10.000 men of all arms. This information was imniediatelv communicited to Colonel Fannin. On our return march. Colonel Grant, learning that there were .i number of horses and mules at no great dist.ince below the road, sug- gested the propriety of securing them. In this he was seconded bv Major Morris. Colonel Johnson was opposed to it, and urged as rea- sons : first, that the eneinv were advised of our neighborhood: secondly, 297 Z9S HISTORY OF TEXAS that we had a sufficient number of horses. However, as the command was pretty equally divided it was agreed that Grant and Morris, with about one-half the force — some 'seventy men — should secure the animals. Johnson, and the other part of the force, returned to San Patricio, there to await Grant and Morris. On the night of the second day after our arrival at San Patricio, we were surprised and attacked by Urrea's advance. After a short struggle, all were put to the sword, except Colonel Johnson, David J. Toler, John H. Love, of Georgia, and Miller, of South Carolina. At the time we were rooming together, and had been joined by a Frenchman, a mer- chant of Matamoras. The house was soon surrounded, and an order given to open the door ; there being no light in the house, the officer ordered a light to be made. Toler, who spoke the Castilian well, kept the officer in conversation while he pretended to be complying with tlu- order. While thus engaged, fortunately for the inmates of the house, a. fire was opened on the street in front, whether at a squad of their own men or at Texans is not known. This drew those in the rear of the house to the front. Apprised of this. Colonel Johnson gave the order to open the rear door, and to pass out, and escape if we could. The order was promptly obeyed ; and the party escaped in safety to Goliad after some suffering and fatigue. The first night we stopped near Refugio, where we were joined by one of our companions — Beck, and by one or two at Goliad, who, like ourselves, had escaped from San Patricio. After this affair, Grant and his command, near Agua Dulce. some twenty-five miles west of San Patricio, was attacked and after a des- perate resistance overcome and put to the sword, only one — R. R. Brown, of Georgia, being made a prisoner. Two escaped, Skurlock. of Eastern Texas, and Placido Benavides, a Mexican, who grave us the first infor- mation of the bloody tragedy. Brown was taken to Matamoras. hut subsequently escaped. The truth of history, as well as justice to many patriots, most of whom sacrificed their lives in the war of Texas independence, makes it necessary to correct certain portions of Kennedy's and Yoakum's his- tory. Kennedy says : "On the first of January. 200 of the volunteers stationed at Bexar had marched for Goliad, on their way to San Patricio, under the command of Colonel (Doctor) Grant. On the preceding dav, a meeting of part of the garrison had been held, at which resolutions were passed, approving of Lieutenant-Colonel Neill as commandant, in the absence of Colonel Johnson and declaring it 'highly essential that the existing armv should remain in Bexar.' This declaration was in condemnation of the movement against Matamoras. which stripped Bexar of two-thirds of its defenders, with the greater por- tion of the winter supply of ammunition, clothing, and provisions." To this, it is only necessary to say that there was no supply of cloth- ing, and that provisions were obtained from the surrounding country. .A.gain. he says: "All the Bexar volunteers under Grant, with the exception of about fifty, left him, having heard that his object was plunder, and HiSTURY UF TEXAS 299 joined tlie force at Goliad, while Grant himself, who was subse- quently joined by some twenty men under Johnson, proceeded on a forage for horses and cattle in the direction of Matamoras." That a part of the force under Grant joined the troops under Gen- eral Houston at Goliad and Refugio, is true, but not for the reason stated ; and, as to Johnson and twenty men joining him, that is equally untrue. Johnson joined with but a single individual, Adjutant Brister. It is due the historian to say, that these errors arose from the want of correct mformation, and not from any desire to do injustice to any one. We will notice the statement of Yoakum: "A difference between the governor and council has already been intimated. The origin and progress of this difference, so painful and destructive in its consequences, require a special notice. Dr. James Grant, it will be remembered, originated the project of an expedition to Matamoras. His domicile was in Coahuila, where he had a splendid estate. He had never resided in Texas ; it was not his home. His feelings, his interests, and his efforts, were all in favor of the old tmion of Coahuila and Texas. Trtie, he was at the siege of San Antonio and fought gallantly there, and was severely wounded on the first day, hut he fought against Cos, who had driven him from the legislative hall of Monclova, and not for the cause and right of Texas. He therefore had a motive in carrying the war to Matamoras, and thence into the interior of Mexico, that he might return to his princelv domain at Parras. Among the volim- teers and adventurers at San Antonio he was incessantly painting in lively colors the rich spoils of Tamaulipas, New Leon, Coahuila, and San Luis Potosi, the facility of the descent, the cowardly nature of the inhabitants, and the charming beauties of the valleys of the San Juan, the Sabinas, and the Santander." That Doctor Grant resided, or. rather had resided, in Parras, Coa- liuila, had an estate there, and was a member of the Congress of the >tate of Coahuila and Texas, and was in favor of an expedition against Matamoras, is true ; but, that he was actuated by anything but pure patriotism in advocating the Matamoras expedition, we deny. Doctor Grant was a scholar, gentleman, and soldier, and devoted to the besf interests of Texas. Major Morris, and most ftthers engaged in the expedition, were actu- ated by the highest motives of patriotism, and had left their homes to aid and assist a people struggling for independence and liberty. That Johnson and Grant and their companions asked or desired other or greater privileges than those authorized bv law. is simply false. The expedition, west of the Nueces, for horses and mules was not, as is insinuated, for their own emolument and profit, but to supply a want in the service — a cavalry force. So far from seizing and taking prop- erty by force, all was receipted for at a fair valuation or paid for. Yet, Mr. Yoakum, in his historv. insinuates, if he does not charge in direct terms, that the parties thus engaged were euiltv of offenses that, if true, would brand them with eternal disgrace. Whv the historian should have singled out Johnson, Grant, Morris, and their followers as fit subjects MM HISTUKV UF TEXAS lu brand with disgrace and infamy is beyond our ken. So far as then- motives and acts are concerned, they have been faithfully, if not ably, stated, and may well abide impartial public opinion. On our arrival at Goliad, from San Patricio, Colonel Johnson in- formed Colonel Fannin of the advance of Urrea. Soon after, news was received of the defeat and slaughter of Grant and command. \\'e were informed by Colonel Fannin that Colonel Travis was besieged, and had sent to him for aid. which he was not able to give for want of neces- >ary transportation. Before leaving Goliad, Johnson advised Fannin either to abandon (ioliad and destroy the fort or to strengthen it by the addition of new works, and collect such supplies of provisions as he could procure, and await the advance of the enemy. He decided, after consultation with his officers, to maintain his position. He was, also, informed that due notice had been given the families at Refugio, and not to listen to any appeal for assistance, as most of the Irish families were suspected of being un- friendly to the Texans ; that his safety and success in defending the place depended on his keeping his force united. Hearing of the advance of the Mexicans upon Refugio, Colonel Fannin sent Captain King with twenty-eight men to remove some fam- ihes yet at the mission. King reached there on the 12th of March, but delayed his departure until the advance of Urrea's cavalry came up. He then took position with his small force, in the mission, and kept the enemy at bay until he could send a mes.senger to Fannin at Goliad. The messenger reached the latter place about midnight on the 12th and Fan- nin immediately dispatched Colonel Ward with 100 men to his relief. Ward arrived at the rnission on the evening of the 13th. In the mean- time, Urrea, then on his march to Cioliad, received news of the assist- ance made bv King, and on the l.^th dispatched a company of cavalry to keep the Texans engaged till he could come uo with the main body. The latter reached the mission at davbreak on the 14th. but Ward had got into the mission. Meanwhile, General Houston, who had taken command of a small force at Gonzales, dispatched Captain De Sangue with an order to Colonel F'annin, dated the 11th of March, commanding him, as soon as l^racticable after the receipt of the order, to fall hack upon Victoria, on the Guadalupe, taking with him such artillery as could be brought off with expedition, previously adopting measures to blow up the fort before leaving its vicinitv. This order was received bv Colonel Fannin on the morning of the 14th. and he immediately dispatched an express to Ward. stating the nature of Houston's order, and requesting him to return with all haste to Goliad. Fannin also sent out parties for teams and carls, •ind commenced dismounting and burying several of the guns. On the same day, he sent a note to Col. .A. C. Horton, at Matagfirda. request- ing him to join him as early as possible with the 200 men under his com- mand. This note fell into the hands of General Urrea : but Horton joined Fannin on the 16th with twentv-seven mounted men. To return to the mission of Refugio : Colonel Ward gave orders to set out on the march to rejoin Fannin on the following morning (the 14th) at davbreak. When the morning dawned, however, it was be- HISTORY OF TEXAS 301 lieved from the report of one oi the sentinels that the Mexicans were in large force in the neighborhood. To satisfy themselves on this point. Captain King was sent out with thirteen men to ascertain the fact. .Shortly afterward a firing was heard in the direction King had taken. W'ard with his command advanced rapidly till they found themselves in front of 600 or 800 of the enemy. W'ard again retreated to the mis- sion. The church was an old stone building, in ruins, but strong. Three sides of it were, however, exposed to an assault. The fourth side was formed by a stone wall, 150 feet in length, used as a place of burial, and containing many tombs; from the end of this wall the ground descended. Captain Bullock's comi)any of thirty-five men was placed in the church- yard to protect the mission from an assault in that direction. The re- mainder of Ward's command barricaded the church, made loopholes, and utiierwise prepared for defense. General Urrea now ordered a charge, at the same time bringing up a four-pounder to batter down the door The Texans waited till their rifles could take effect, when they opened such a fire that the enemy, after repeated charges, broke and fled. Dur- ing this affair, which lasted nearly all of the 14th of March, the Mex- icans lost about 200 in killed and wounded ; the Texans' loss was only three severely wounded. The enemy having retreated to their camp, some 500 or 600 yards distant, had posted sentinels around the mission. At night the Texans, finding their ammunition nearly exhausted, determined to retreat ; but, as they could not remove their wounded, they resolved first to leave them a supply of water. Accordingly, after dark, the whole Texan command marched to the spring, about 400 yards distant, dispersed the enemy's guard stationed there — killing four of them — supplied themselves with water, filled the gourds of their woimded comrades, and bade them a last farewell. Colonel Ward with his forces then set out on their retreat, and. marching through the woods and swamps, where the enemy's cavalry could not follow, they reached the San Antonio River on the third day. On the second day, however, a few of the men left the command in search of water, but did not again join it. The next morning, the 19th. Ward crossed the river and resumed the march in the direction of Vic toria. That evening they heard the firing between P"aiuiin and Urrea. apparently about ten miles distant. They endeavored to reach the com batants, but, darkness coming on, they found themselves in the Guad- alupe swamp, where they passed the night. The next day, the 21sl. Ward set out again toward Victoria, where he and his command sur- rendered to the enemy as ])ri.soners of war. To return to Captain King. He had been sent out nn tiie morning of the 14th to reconnoiter, but his return to the mission having been cut otT. he attempted to reach Goliad. He lost his way, however, and found himself, after two davs' march (on the morning of the 16th). only three miles from the mission on an open prairie, and his ammunition wet. Under these circumstances he was surrounded and obliged to sur- render, previous to which one of his men was mortally wounded. In six hours afterward Ca])tain Kiut; inui lii^ cnmm.-md were shot, on tln' 302 HISTORY OF TEXAS road to Goliad, about a mile from the mission, and being stripped of their clothing, were left a prey to wild beasts. General Urrea took possession of the "Old Mission" on the morning of the 15th. He found there only the three wounded Texans, who were >oon despatched and thrown out, to give place to his own wounded. Leaving these under the care of Colonel Vara and a small command, he .sent the whole of his disposable cavalry in pursuit of Ward, and set out himself with the advance, consisting of 200 horses and foot, on the morning of the 16th, toward Goliad, sending a reconnoitering party still ahead of his advance. Colonel Fannin, receiving no news from his first express to Ward, sent a second, and then a third, who were perhaps taken by the enemy. It was only on the 18th that he first received any account of Ward. On the 17th Col. A. C. Horton, who had come in the day before from Matagorda, was ordered to reconnoiter the enemy. On his return he reported a large force of them a few miles from the fort, marching slowly and in good order. Colonel Fannin immediately had the cannon dug up and remounted, expecting an engagement that night or the next morning. During the night of the 17th the guard was doubled. The enemy were seen hovering about the place on the 18th and in some force on the left bank of the San Antonio River, near the old mission. Colonel Horton was sent over with such motmted force as he could collect and made a furious charge upon the party at the mission. The latter re- treated to the timber, and, beine t^iere supported by their infantry. Colonel Horton fell back in good order. Captain .Shackelford volun- teered to go over with his company to the aid of Horton, but just as they were about to commence the attack, the guns from Fort Defiance caused the enemy to make a precipitate retreat. Having determined on his retrograde movement the next morning. Fannin made his arrangements accordingly. Before day. Colonel Hor- ton and his twentv-eight horsemen were in the saddle, and proceeded on ihe Victoria road. The way being reported clear of the foe, the fort was dismantled, the buildings burnt, and the Texan force, about 300 strong, set out early. It was 10 o'clock, however, before the rear guard had crossed the San Antonio River. Much time was consumed in get- ting the artillery up the banks ; besides, a cart broke down, and its load had to be distributed among the other wagons. Still thev advanced in srood order and as briskly as the ox -teams and freight would permit. At length, after a march of six or eight miles toward the waters of the Coleto. Colonel Fannin ordered a halt, to graze and rest the oxen, and refresh the troops. Fannin had all along committed the error of enter- taining a too great contemjit for the enemv. Captain Shackelford re- monstrated against the halt until thev should reach the Coleto, then five miles distant, but he was overruled. "Colonel Fannin and many others," says the gallant captain, "could not be made to believe that the Mexicans would dare follow us." After a halt of an hour the march was resumed. Colonel Horton with his cavalry was sent in advance, to examine the Coleto crossing. Shortly after resuming the march, two of the enemy appeared, as if coming out of the timber bordering on the Coleto, about a mile distant. HISTORY Ul' TEXAS 303 and ratlicr to the rear and riglu of the Texan army ; then four men appeared, and finally 350 cavalry emerged from the same quarter and advanced rapidly with the view of cutting off the Texans from the skirl of timber about a mile or more in front. "Our artillery," says Captain Shackelford, "wa> ordered to open on them and cover our rear. .About liiis time we discovered a large force of infantry emerging from the same skirt of woodland at which their cavalry had first l^een seen." l-'annin attemiHed to reach the timber in front, but the rapid approach of the enemy determined him to prepare immediately for l)attle. Fan- niir's forces were in an open prairie, the nearest timber being that in front. The breaking down of an ammunition wagon also hindered them from advancing to an eminence near by ; they were therefore comi)elled to form in a depression in the ])lain, six or seven feet below the sur- rounding surface. The Texans were compelled to form in an oblong square, tin- artillerv being judiciouslv posted. The enemy's cavalry com- ing up within a quarter uf a mile, dismounted, and fired a harmless volley with their scopets |escopetas]. Thus thev continued to advance and fire. Colonel Fannin, with great coolness, repeated to his men the order "not to fire." By this time all the Texan infantry sat down, leaving the artillerists and Colonel Fannin alone standing. The Mexican cavalry having now come within 100 yards, the command was given, and the Texans opened a fire with their rifles, nniskets. and artillery. About this time Colonel F^annin received a wound in the fleshy part of the thigh. While engaged with the enemy's cavalr\- on their right flank, the Texans found the ^^exican infantr\-, 1,000 or 1,200 strong, advancing in their rear and left flank. Coming within range, they fired a volley, and charged bayonets. They were received by a fire of artillery, Duval's riflemen, and some other troops, whose fire cut them down with great ■•laughter. This Mexican infantrv was the celebrated Tampico regiment. Thev fell down in the grass, and occasionallv raised u]) to shoot, but whenever they showed their heads, the Texan rifles generally took them down. .\ bodv of the enemy's cavalrv then made an attempt upon the Texan rear. but. at a distance of sixtv vards. they were so well received with double canister charged with musket-ball, and bv the riflemen, that thev fell bv .scores, and made a sudden retreat, choosing to return after- ward on foot. The conflict bv this time had become general. The Texans had no water to sponge their cannon, and thev became so hot that the\' rouKl not be used, so that the Texans were forced to relv wliollv on their sm;il' amis. With these thev continued the fir'ht most nianfullv from 1 o'clock until sundown. At dusk, the Campeacliv Indians (who could not well imderstand the word of command at Mission T^efugio) were placed in the high grass, about ihirtv vards from the Texan lines, from which thev Tioured a destructive fire : but so soon as it was sufiRcientlv dark for the Texans to see the flash of their guns, thev seldom flashed twice from the same point, .'\mone those wounded was Henrv Riplev. a son of General Ripley, of Louisiana, a vouth of eighteen vears. He had his thigh broken. Mrs. Cash (who was with the Texan armv") at his re- quest helped him into a cart and fixed a prop for him to lean on and a rest for his rifle. Thus he continued the fight until another shot broke 304 HISTUKY OF TEXAS liis right arm. Such was the spirit of the Texans at the hattle of the ("oleto. A little after dark General Urrea drew off his troops. The Texans lust during the day seven killed, several mortally and sixty badly wounded. The enemy's loss must have been five times as great. Urrea's force in the action was estimated at 1,200 infantry and 700 cavalry. The Texans, exclusive of Colonel Horton's mounted force, were about 275 in all. Horton having gone on in advance to examine the pass of the Coleto, had dismounted with his men. So soon as they heard the firing between the contending parties in their rear, the word "to horse" was given, when the party galloped back to the prairie. Here they had a full view of the engagement, and, seeing the Texans very nearly sur- rounded by so large a force of the enemy, Horton's lieutenant. Moore, objected to any attempt to reach their comrades by penetrating the Mexican lines, alleging that they would all be cut to ])ieces. Immedi- ately he dashed off in another direction, taking with him nearly all the party. Colonel Horton, being thus left with so few men. had no other alternative than to retire also. He therefore returned to Victoria. The description of the battle of the Coleto. as it apjieared first after one of those attempts to charge in the evening, is thus given by an eve- witness : "The scene was now dreadful to behold. Killed and maimed men and horses were strewn over the plain ; the wounded were rend- ing the air with their distressing moans, while a great number of horses without riders were rushing to and fro back upon the enemy's lines, increasing the confusion among them : they thus became so entangled, the one with the other, that their retreat resembled the headlong- flight of a herd of buffaloes, rather than the retreat of a well-drilled army, as thev were." The enemy took position for the night in the skirt of woods in front. The Texans w'ere occupied in forming a breastwork of earth, carts, wagons, and packs. "It has been often asked." says Captain Shackel- ford, "as a matter of surprise, why we did not retreat in the night. .\ few reasons. I think, ought to satisfy every candid man on this point. During the engagement our teams had all been killed, wounded, or had strayed off. so that we had no possible wav of taking off our wounded camijanions. Those who could have deserted them under such circum- , stances possess feelings which T shall never envv. T will mention another reason which mav have more weight with some persons than the one ■'ilready given. We had been contendinsr for five hours, without inter- mission, with a force more than seven times lareer than our own ; had driven the enemv from the field with ereat slaughter ; and calculated on a reinforcement from Victoria in the morning, when we expected to consummate our victory." Captain .Shackelford does not inform us whv they expected aid from Victoria: at all events, none came. On the other hand, the reinforce- ment sent to the enemv from Bexar consi^tinf of ,S00 men under Colonel Morales, with three pieces of artillery, .ind of which Urrea had received notice on the 18th. arrived in the Mexican camn at half past six on the morning of the 2nth. Farh- on that morning T''^rrea displayed his whole HIS'IDKN UF TEXAS 305 force ill the most inipusinj; iiianiiLT. lof^cllier with his pack-mules and artiller)-. The fire of the latter coniiiienced, but without effect. They kept out of the range of the Texan riflemen, who reserved their fire for close quarters. After the Mexicans had discharged a few rounds, they raised a white flag, but it was soon taken down. The Texan wounded had "suffered agonies for want of water." Their officers held a con- sultation, and it was the opinion of a majority that they could not save the wounded without a capitulation. The unexpected appearance of artillery in the ranks of the enemy likewise conduced to this conclusion, for the Texan breastwork was only intended to resist small arms. The Texans now raised a white flag, which was promptly answered by the enemy. Major Wallace and Captain Chadwick went out. and in a short time returned saying General Urrea would treat only with the commanding officer. Colonel Fannin, though lame, went out, assuring his men that he would make no other than an honorable capitulation. He returned in a short time, and communicated the terms of the agree- ment which he had made with Urrea. They were in substance as follows : 1. That the Texans should be received and treated as prisoners of war, according to the usages of the most civilized nations. 2. That private property should be reputed and restored ; but that the side-arms of the officers should be given up. 3. That the men should be sent to Copano, and thence, in eight days, to the United .States, or so soon there- after as vessels could be jjrocured to take them. 4. That the officers should be paroled, and should return to the United .States in like manner. General Urrea immediately sent Colonel Holzinger and other officers to consummate the agreement. It was reduced to writing in both the Eng- lish and Spanish languages, read over two or three times, signed, and the writings exchanged in the most formal and solemn manner.* The Texans immediately ])iled their arms, and such of them as were able to march w-ere hurried off to Goliad where they arrived at sunset the same day (the 20th). The wounded, among whom was Colonel Fannin, did not reach the place till the 22nd. At Goliad the prisoners were crowded into the old church, with no other food than a scanty ])it- tance of beef, without bread or salt. Colonel I'annin was placed under the care of Colonel Holzinger. a German engineer in the Mexican serv- ice. So soon as Fannin learned how badly his men were treated, he wrote to General Urrea. stating the facts, and reminding him of the terms of capitulation. On the 23d Colonel Fannin and Colonel Holzinger proceeded to Copano, to ascertain if a vessel could be procured to convey the Texans In the United Slates; but the vessel tliev expected to obtain had already left that port. They did not return till the 26th. On the 23d Major Miller, with eighty Texan volunteers, who had just landed at Copano. ♦NotwithstandinR this positive asscrtiuii tliat the Ti-.\aiis surrendered as prison- ers of war, a Spanish copy of the capitulation found in the archives of the Mexican war department in Mexico City, signed by Chadwick, Wallace, and Fannin, seems to show that they surrendered "as prisoners f)f war, subject to the disposition of the supreme qovernnieiit." Techiiirally this was eipiivalent. no doubt, to a surrender at discretion. vol.. I~20 306 HISTORY OF TEXAS were taken prisoners and brought into Goliad. On the 25th, Colonel Ward and his men. captured by Urrea, as has already been stated, were brought in. The evening of the 26th passed off pleasantly enough. Colonel Fan- nin was entertaining his friends with the prospect of returning to the United States : and some of the young men, who could perform well on the flute, were playing "Home, Sweet Home." How happy we are that the veil of the future is suspended before us ! At 7 o'clock that night, an order, brought by an extraordinar)' courier from Santa Anna, re- quired the prisoners to be shot ! Detailed regulations were sent as to the mode of executing this cold-blooded and atrocious order. Colonel Portilla, the commandant of the place, did not long hesitate in its execu- tion. He had 445 prisoners under his charge. Eighty of these, brought from Copano, having just landed, and who as yet had done no fighting, were considered as not within the scope of the order, and for the time were excused. The services of four of the Texan physicians — that is Drs. Joseph H. Bernard, Field, Hall, and Shackelford — being needed to take care of the IMexican wounded, their lives were spared. So likewise were four others, who were assistants in the hospital (Messrs. Bills, Griffiin. Smith, and Sherlock). At dawn of day, on Palm Sunday. March 27th. the Texans were awakened by a Mexican officer, who said he wished them to form a line, that they might be counted. The men were marched out in separate divisions, under different pretexts. Some were told that they were to be taken to Copano, in order to be sent home : others that they were going out to slaughter beeves ; and others, again, that they were being removed to make room in the fort for Santa Anna. Doctor Shackel- ford, who had been invited bv Colonel Guerra to his tent, about 100 vards southwestwardly from the fort, says: In about half an hour we heard the report of a vollev of small arms, toward the river, and to the east of the fort. T immediatelv inquired the cause of the firing, and was assured by the officer that "he did not know, but supposed it was the guard firing off their euns." In about fifteen or twenty minutes thereafter, another such vollev was fired, directlv south of us. and in front. At the same time T could distinguish the heads of some of the men throueh the boughs of some peach-trees, and could hear their screams. It was then, for the first time, the awful conviction seized nnon our minds that treachery and murder had beeun their work ! Shortlv afterward Colonel Guerra appeared at the mouth of the tent. T asked him if it could be possible thev were murdering our men. He replied that "it was so but that he had not given the order, neither had he executed it." In ,ibout an hour or more, the wounded were dragged out and butchered. Colonel Fannin was the last to suflFer. When informed of his fate, he met it like a soldier. He handed his watch to the officer whose business it was to murder him and requested him to have him shot in the breast and not in the head, and likewise to see that his re- mains should be decentlv buried. These natural and nroner require- ments the officers promised should be fulfilled, hut. with that perfidv which is so prominent and characteristic of the Mexican race, he failed HISTORY UF TEXAS 307 to do either! Fannin seated himself in a chair, tied the handkerchief over his eyes, and bared his bosom to receive the fire of the soldiers. As the ditTerent divisions were brought to the execution they were ordered to sit down with their backs to the guard. In an instant young Fenner rose to his feet, and exclaimed, "Boys, they are going to kill us — die with your faces to them, like men !" At the same time, two other young men, flourishing their caps over their heads, shouted at the top of their voices, "Hurrah for Texas!" Many attempted to escape, but the most of those who survived the first fire were cut down by the pursuing cavalry, or afterward shot. It I's believed that, in all, twenty-seven of those who were marched out to be slaughtered made their escape, leaving 330 who suffered death on that Sunday morning. The dead were then stripped and their naked bodies thrown into piles. A few brush were placed over them, and an attempt made to burn them up, but with such poor success that their hands and feet, and much of their flesh, were left a prey to dogs and vultures ! Texas has erected no monument to perpetuate the memory of tho.se heroic victims of a cruel barbarism : yet they have a memorial in the hearts of their countrymen more durable than brass or marble. Colonel Fannin doubtless erred in postponing for four days the obedience to the order of the commander-in-chief to retreat with all pos- sible dispatch to Victoria on the Guadalupe ; and also in sending out Lieutenant Colonel Ward in search of Captain King. But these errors sprang from the noblest feelings of humanity : first, in an attempt to save from the approaching enemy some Texan settlers at the mission of Refugio; again, in an endeavor to rescue King and his men at the same [)lace ; and, finally, to save Ward and his command — until all was lost hut honor. Yoakum says : "The public vengeance of the Mexican tyrant, however, was sat- isfied. Deliberatelv and in cold blood he had caused 330 of the sternest friends of Texas — her friends while living and dying — to tread the wine press for her redemption. He chose the Lord's dav for this sacrifice. It was accepted ; and God waited His own good time for retribution — a retribution which brought .Santa Anna a trembling coward to the feet of the Texan victors, whose mae- nanimitv prolonged his miserable life tn waste the land of his birth with anarrhx- .ind civil war." CHAPTER XXI SAX JACINTO CAMPAIGN Sunday, March 6, when Santa Anna had just concluded the storm- ing of the Alamo, General Houston, as we have seen, made a farewell speech to the convention and began his journey to Gonzales. Having been informed of the alarming situation of the garrison in Bexar through Travis's letter of the 3d to the convention, he formed, as he went, a plan for its relief. Fannin, at Goliad, was to advance with the bulk of his division to the west bank of the Cibolo and await there the arrival of the commander-in chief, who would join him with all the forces from Gonzales and march to Travis's rescue. On reaching (lonzales, however (March 11), Houston was met by a rumor that the .-\lanio had been captured, and, privately confiding in its truth, though pretending in the hope of avoiding a panic to disbelieve it, he dis- |)atched an express to Fannin, countermanding his previous order and instructing him, "as soon as practicable," to fall back to Victoria. .At Gonzales Houston found "three hundred and seventy-four clTcctive men. without two days' provisions, many without arms, and otiiers without any ammunition": and, although a few had served under Austin and Burleson the preceding year, the most of them were entirely innocent of any knowledge of military discipline. While wait- ing for confirmation of the fall of the .\lamo, he seized the opportunity to organize his force. .\ regiinent was formed with Edward Burleson for colonel, and Sidney Sherman and .\lexander Somervell lieutenant- colonel and major resjjectively. Houston regretted, however, that he liad not time to teach the men "the first principles of the drill." Deaf Smith. Henry Karnes, and R. E, Handy, sent out on the morning of the 13th with instructions to approach near enough to San Antonio to learn the fate of the Alamo, met Mrs, Dickinson, the wife of a lieutenant killed in the Alamo, some twenty miles from Gon- zales, and learned that the worst had happened, and that a division of the enemv under General Ramirez y Sesma was already on the march eastward. Thev returned with her to camp, where they arrived about twilight, and her report threw both army and town into the greatest confusion and excitement. Thirty-two of Santa Anna's vic- tims had left their homes in Gonzales no longer than two weeks before, and the grief of their stricken families was intense. Others, with ears onlv for the news that the Mexicans were advancing, has- tened to flee for their lives, a few of the little army who had left their own families un])rotectelaced on the right of the first regiment ; and four companies (if infantry, under the command of I.ieut-Col. Henry Millard, sustained the artillery upon the right. Our cavalry, sixty-one in number, commanded by Colonel Mirabeau R. Lamar, whose gallant and daring conduct on the previous day had attracted the admiration of his ctnnrades and eallid him to that station. |)laced on our extreme right. com|)leted our line. Our cav;ilr\- was first disjiatched to the front of the enemy's left, for the pur- pose of attracting their ntjtice. whilst an ixtensi\-e island ol timber afforded us an opportunity of concentrating our forces ,ind deploying from that point, agrii-ably to the previous design of the troops. Kvcr\ e\(jlution was perlonned with alacrity, the whole :idvancing rapidly in line and througii an o\>v\\ prairie, without ;in\' ])rotection w li.ite\er for our men. The artillery advam-rd ;niil took st.atioii witliin twn liundred 3ards iii the 318 HISTORY OF TEXAS enemy's breastwork, and commenced an effective fire with grape and canister. "Colonel Sherman with his regiment, having commenced the action upon our left wing, the whole line at the center and on the right, advancing in double-quick time, rung the war cry, 'Re- member the Alamo !' received the enemy's fire and advanced within point blank shot before a piece was discharged from our lines. Our lines advanced without a halt, until they were in possession of the woodland and the breastwork, the right wing of Burleson's and the left of Millard's taking possession of the breastwork ; our artillery having gallantly charged up within seventy yards of the enemy's cannon, when it was taken by our troops. The conflict lasted about eighteen minutes from the time of close action until we were in possession of the enemy's encampment, taking one piece of cannon (loaded), four stands of colors, all their camp equipage, stores and baggage. Our cavalry had charged and routed that of the enemy upon the right, and given pursuit to the fugitives, which did not cease until they arrived at the bridge which I have mentioned before. Captain Karnes, always among the foremost in danger, commanding the pursuers. The conflict in the breastwork lasted but a few moments ; many of the troops encountered hand to hand, and not having the advantage of bayonets on our side, our riflemen used pieces as war clubs, breaking many of them off at the breech. The rout commenced at half past four, and the pursuit by the main armv continued until twilight. A guard was then left in charge of the enemy's encampment, and our army returned with their killed and wounded. In the battle our loss was two killed and twenty-three wounded, six of them mortally. The enemy's loss was 630 killed, among whom was one general officer, four colonels, two lieutenant-colonels, five captains, twelve lieu- tenants. Wounded : 208, of which were : five colonels, three lieutenant-colonels, two second lieutenant-colonels, seven cap- tains, one cadet. Prisoners, 730; President-General Santa Anna, General Cos, four colonels, aides to General Santa Anna, and the Colonel of the Guerrero battalion are included in the num- ber. General Santa Anna was not taken until the 22nd, and General Cos on yesterday, very few having escaped. "About six hundred muskets, three hundred sabres and two hundred pistols have been collected since the action. Several hundred mules and horses were taken, and near twelve thousand dollars in S])ecie. For several daxs previous to the action our troops were engaged in forced marches, exposed to excessive rains, and the additional inconvenience of extremely bad roads, illy supplied with rations and clothing ; yet. amid every difficulty, they bore up with cheerfulness and fortitude, and performed their marches with spirit and alacrity. There was no murmuring. "Previous to and during the action, my staff evinced ever\ disposition to be useful, and were actively engaged in their duties. In the conflict I am assured thev demeaned themselves HISTOKV OF TEXAS 319 in such manner as proved them wurth}- members of the Army of San Jacinto. Colonel Thos. J. Rusk. Secretary of War, was on the field. For weeks his services had been highly beneficial to the army ; in battle he was on the left wing, where Colonel Sher- man's command first encountered and drove the enemy. He bore himself gallantly, and continued his efforts and activity, remaining with the pursuers until resistance ceased. "I have the honor of transmitting herewith a list of all the officers and men who were engaged in the action, which I respect- fully request may be published as an act of justice to the indi- viduals. For the commanding general to attempt discrimination as to the conduct of those who commanded in the action, or those who were commanded, would be impossible. Our success in the action is conclusive proof of such daring intrepidity and cour- age : every officer and man proved himself worthy of the cause in which he battled, while the triumph received a lustre from the humanity which characterized their conduct after victory, and richly entitles them to the admiration and gratitude of their general. Xor should we withhold the tribute of our grateful thanks from that Being who rules the destinies of nations, and has in the time of greatest need enabled us to arrest a powerful invader, whilst devastating our country. "I have the honor to be, with high consideration, '"Your obedient servant. Saoi Houston. "Commander-in-Chief." Santa Anna's report is dated March 11. 1837, after his return to Mexico from his imprisonment in Texas. He says: "Earlv on the morning of the 19th, I sent Captain Barragan. with some dragoons, to a point on the Lynchburg road, three leagues distant from New Washington, in order that he should watch and communicate to me, as speedily as possible, the arrival of Houston : and, on the 20th. at eight o'clock in the morn- ing, he informed me that Houston had just got to Lynchburg. It was with the greatest joy that all the individuals belonging to the corps, then under my immediate orders, heard the news ; and they continued the march, already begun, in the best spirit. "At mv arrival, Houston was in possession of a wood on the margin of Buffalo Bayou, which, at that point, empties itself into the San Jacinto Creek. His situation rendered it indis- pensable to fi'iht; and my troops manifested so much enthusiasm, that I immediately began the battle. Houston answered our firing, but refused to come out of the cover of the wood. I wished to draw him into a field of battle suited to my purpose, and in consequence withdrew about one thousand yards dis- tance, to an eminence affording a favorable position, with abund- ance of water on my rear, a thick wood on my right, and a large plain on my left. Upon my executing this movement the enemy's fire increased, particularly that of his artillery, bv which Captain Fernando Urriza was wounded. About one hundred cavalrv sallied out of the wood, and holdlv attacked m\ escort. 320 lllSTOKV OF TEXAS whicli was posted on llif left, causing it to fall back for a few moments and wounding a dragoon. I commanded two com- panies of cazodores to attack them, and they succeeded in repell- ing them into the wood. "It was now' five in the evening, and our troops wanted rest and refreshment, which I permitted them to take. Thus was the remainder of the day spent. We lay on our arms all night, dur- ing which I occupied myself in posting my forces to the best advantage, and procuring the construction of a parapet to cover the position of our cannon. I had posted three companies in the wood on our right, the permanent battalion of Matamoras formed our body of battle in the centre, and on our left was placed the cannon, protected by the cavalry, and a column of select com- panies (de preferencia). under the orders of Lieutenant-Colonel Santiago Luelmo, which composed the reserve. "On the 21st, at nine in the morning. General Cos arrived with four hundred men belonging to the battalions of Aldama, Guerrero, Toluca. and Guadalaxara, having left one hundred men under the orders of Colonel Mariano Garcia, with their loads in a swampy place, near Harrisburg; and these never joined me. I then saw that my orders had been contravened ; for I had asked five hundred select infantry, and they sent me raw recruits, who had joined the army at San Luis Potosi and Sal- tillo. I was highlv displeased with this act of disobedience, and considered the new reinforcement as trifling, whereas I had before its arrival entertained well-founded hopes of gaining some decisive advantage 7cith the neti' succor. •zi'/nV/i -was to hai'C (jh'cn me the superiority of numbers. I disposed myself, how- ever, to take advantage of the favorable disposition which I per- ceived in our soldiers on the arrival of General Cos: but the lat- ter represented to me that having made a forced march in order to reach my camp early, his troojis had neither eaten nor slept during twenty-four hours, and that while the baggage was com- ing up. which it would do within two more hours, it was indis- pensable to grant some refreshment to the soldiers. I consented to it, but in order to keep a watch over the enemv and protect the said baggage. I posted my escort in a favorable place, rein- forcing it with thirty-two infantry, mounted on officer's horses. Hardly one hour had elapsed since that operation, when General Cos begged me. in the name of Don Miguel .\guirre, the com- mander of the escort, that I would permit his soldiers to water their horses, which had not drunk for twenty-four h(nirs, and let ihe men take some refreshment. Being moved liy the pitiable tone in which this request was made. I consented, commanding at the time that .^guirre and his men should return to occupy their position as soon as they should have satisfied their neces- sities; and his disobedience to this order concurred to favor the surprise which the enemy effected. "Feeling myself exceedingly fatigued from having spent the wliole morning on horseback, and the ]>rt'ceding night without lllSrulvV Ul- TEXAS ■ 321 sleep. 1 lay duwn under the shade uf some trees, while tlie .sul diers were prepariiij^ llieir iiu'al. Calling (jeneral Castrillon, \vlii> acted as major-general, 1 reconiniended him U> be watchful and til give nie notice of the least movement of the enemy, and also to inform me when the ic]iast of the soldiers would he over, he- cause it was urgent to act in a decisive manner. "I \va.s in a deej) slee]) when I was awakened by the tiring and noise; I immediately perceived we were attacked, and had fallen into frightful disorder. The enemy had surprised our advance jiosts. One of their wings had driven away the three companies (de preferencia ) |)Osted in the wood on our right, and from among the trees were nov\ doing much execution with tluir rifles. The rest of the ('nemy's infantr\' attacked us in front with two pieces of cannon, and their cavalry did the same on cmi right. "Although the mischief was alread)' done, 1 thought I could repair it, and with that view sent the battalion of .\ldama to rein- force the line of battli' formed by that of Matamoras, and organ- ized a column of attack under the orders of Don Manuel Ces- pedes, composed of the permanent battalion of (iuerrero, and the piquets of Toluca and Ciiiadalaxara, which irio\ed to the front with the company of Lieutenant-Colonel Luelmo, in order to check the advance of the enemy; but my efforts were vain. The line was abandoned by the two battalions that w^ere covering it : and. notwithstanding the fire of our cannon, the two columns were thrown into disorder. Colonel Cespedes being wounded and Colonel Luelmo killed. General Castrillon, who ran to and fro to re-establish order in our ranks, fell mortallv wounded ; and the new recruits threw everything into confusion, breaking their ranks and preventing the \eterans from making use of their arms, whilst the enemy was rapidly advancing with loud hurrahs, and in a few minutes obtained a victcjrv which they could not, some hours before, even ha\e dreamed of. "All hopes being lost, and everv oni' flying as fast as he could. 1 found myself in the greatest danger, when a servant of my aid-de-cam(). Colonel Don |uan I'ringas, offered me his horse, anri with the tenderest and most urging expressions, insisted upon my riding off the field. I looked for my escort, and two dragoons, who were hurriedlv saddling their horses, told me thai their officers and fellow-soldiers had ;ill made their escai)e. I remembered that General Filisola w.is only seventeen leagues off, and I took m\- direction towards him, darting through the enemy's ranks, The\- pursued me, and after a ride of one league and a half, overtook me on the banks of ;t largi' criek, the bridge over which was burned by the enemy /" retard our pursuit. 1 alighted from my horse and with much difficulty succeeded in concealing myself in a thicket of dwarf i)ines. Night coming on. r escaped them, .ind tlu liope of reaching the arinv gave me strength. I crossed the cnek with the water n]> to ni\ breast and continued mv roiUe on foot. 1 found, in a house which had MIL. I 21 322 HISTORY OF TEXAS been abandoned, some articles of clothing, which enabled nie to change my apparel. At eleven o'clock A. M., while I was cross- ing a large plain, my pursuers overtook me again. Such is the history of my capture. On account of my change of apparel they did not recognize me, and inquired whether I had seen Santa Anna ? To this I answered that he had made his escape ; and this answer saved me from assassination, as I have since been given to understand. "By what has been already explained Your Excellency will see at a glance the principal causes of an event which with good reason was a surprise." CHAPTER XXII THI-: REPUBLIC OF TEXAS Tlie (k)mfstic histor}- of the Republic niav be briefly silinmarized. President Burnet's administration was inaugurated at the gloomiest moment of the war. The Alamo had fallen, and Santa Anna's main division was advancing^ toward the heart of the colonies ; Urrea, after tlestroying Johnson and Grant's forces, was pushing toward Fannin at Goliad ; TTonston was retreating from Gonzales ; and the roads cast of the Guadalupe were thronged with fugitives, seeking a refuge in Eastern Texas or across the Sabine. Considering Washington on tin- Rrazos too exposed for the seat of government, President P.urnet established himself at Harrisburg. From there the approach of Santa .Anna drove him about the middle of April to Galveston Island : but there were no accommodations at Galveston, and after the battle ot -San Jacinto the government made its third shift to Velasco. Finally, the close of the administration in October found the govern- ment at Columbia. In the midst of such confusion definite policies were not to be exjiected. The president simply met problems as they arose and dealt with them as he could. Prior to the battle of San Jacinto, such time as the wanderings of the government permitted was employed in efforts to calm the fugitives, strengthen the army, and obtain supplies. These efforts were not conspicuously successful. The people were panic-stricken, and paid little attention to Burnet's reassuring proclamations : vol- unteers came but slowly to the army; and the substitution of Thomas Toby and brother in New Orleans for William Bryan as purchasing agent of Texas was all but disastrous. Bryan had been appointed by the general council in the fall of 1835, and had used his personal credit for nearlv eighty thousand dollars in the Texan cause : while the Toby brothers were said to be on the verge of bankruptcy at the time f)f their appointment, and proved themselves far less efficient than Bryan had been. Following the battle of San Jacinto the execution of the Treaty of Velasco became an issue. According to the secret treaty, the Texan government was to release Santa .A.nna and send him back to Mexico, where be agreed to use his influence to induce his government to recognize the independence of Texas. On June 1 .Santa .\nna was lilaccd rm board a government vessel destined for Vera Cruz, but before it got under way, on June 3, a jiartv of immigrant volunteers arrived from X^ew Orleans, and on learning that it was the intention to liberate the author of the .\laiTio and Goliad massacres demanded that he be surrendered to them. In the end the civil authorities were compelled to recall Santa Anna and hand him over to the army. He protested against this breach of the treaty and complained of the hardships to which he was exposed: but to this Burnet somewhat sharply replied that Santa .Anna's \-isit among them had caused the Texans some privntir)ns and that for that reason they were little 323 324 HISTORY OF TEXAS inclined to regret that he should share them. In July Santa Anna appealed to President Jackson to offer intervention in adjusting the relations between Texas and Mexico, but the Mexican government had disavowed the treaty of Velasco and had notified the powers that it would not recognize as binding upon it any act of Santa Anna, so that President Jackson took no action. After the failure of an attempt to rescue the distinguished prisoner he was placed in a very rigorous confinement, and it was not until the inauguration of President Houston in October that he was released. He then visited Wash- ington and again proposed intervention to President Jackson, who still declined to act. In February, 1837, he returned to ^lexico, being carried to Vera Cruz by a naval vessel of the United States. The other Mexican prisoners captured at San Jacinto were liberated early in Houston's administration, after detention first at Galveston and later at Liberty. The interference of the army in the case of Santa Anna reveals another source of confusion during the period of the ad interim gov- ernment. The refusal of Mexico to accept the verdict of San Jacinto and its evident determination to renew the invasion of Texas made it necessary to maintain a strong defensive force. This was com- posed chiefly of volunteers from the United States, many of whom did not yield patiently to discipline. When General Houston went to New Orleans to obtain treatment for his ankle, wounded at San Jacinto, the command devolved on Gen. Thomas I. Rusk, secre- tary of war, and when, shortly afterward. Rusk resigned and the caliinet appointed Mirabeau B. Lamar to succeed him, the men refused to receive him and elected instead Gen. I""elix Houston. By mid-summer order was sufficiently restored for the peo])le to give .some attention to the establishment of a regular government. On July 2,^ President Rurnet issued a prt)clamation calling an elec- tion for the first Monday in September. The congress tlien elected was to meet at Columbia the first Monday in October. Resides the election of officers the peo])le were asked to vote on two other mat- ters: (1) whether congress should be given authority to amend the constitution, and (2) whether Texas should seek annexation tu the United States. Three candidates for the presidencv appeared, .\us- tin, Henry Smith, and General Houston. Houston was elected by a large majority and immediately appointed .\ustin secretarv of state and Smith secrctar\- of the treasury. The constitution was ratified and the power of amendment was withheld from congress, and the vote in fa\or of annexation stood 3,277 to ^1. President Burnet's message to the first congress on October 4 reviewed the troubled career of the ad interim government and indi- cated the subjects which in his opinion required the immediate atten tion of congress. Concerning his administration he said: "It will be recollected that the ])owers conferred on the gov- ernment, 'ad interim,' were extraordinary, that they comprised the plenal .-ittributes of sovereignty, the legislative and judicial functions excepted. The circumstances imder which that gov- ernment h.is lieen administered lia\e been equalK- extraordinary IIISIORV ()!• li'.XAS 325 "Sonietinifs. w lun 'I't-xas \v;is a moving mass of fugitives, they have been without 'a local habitation' and scattered to the cardinal points; again they have been on Galveston Island, with- out a shelter, and almost without subsistence, and never have they been in circumstances of comfort and convenience suitable to the orderly conducting of the grave and momentous business committed to their charge. Ihat errors siiould ha\e lieen com- mitted under such circumstances will not sur])rise those who have an honest consciousness of their own fallil)ilitics. Hut that those extraordinary jjowers have not been perverted to any sinister juirpose, to the damage of the country, to personal aggrandisement, or to the creation or advancement of a ])arty, or to the success of a speculation. I assert with a modest hut tirm and .assured confidence." First, and most pressing, of the problems with which congress must deal was the organiz.ation of a system of finance. The debt incurred during the revolution was more than a million and a quar- ter, and the danger of renewed invasion b\ Me.xico ent;iiled :i con- tinuance of heavy expense in the army. .\s a Mexican prt)vince Te.xas had had no system of taxation, .-mrl congress must attack the subject de novo. Burnet recommended a tarifT as the mC)St ready means of revenue. For the arm\ he recommended :\ continuance of the land bounty law which had expired in Jul\'. 18,^6. and the dis- couragement of short terms of enlistment. Tiie ii,i\ \ was inade- quate and an additional l.-irge vessel was neeiled. The judicial sys- tem should be organized, a jiostal system established, and some internal improvements begun — such as the bridging of small streams and the estal)lishiuent of ferries on the larger ones. ( )n October 22 President Burnet resigned his office .-nid (lener;il ilouston was inau- gurated. The most im])(>rtant laws |)asse(i by this congress were those dealing with the subjects suggested in Burnet's nu'ssage. To meet tinancial needs a loan was authorized for five million dollars, to be secured by the |)ubiic lands and a pledge of the i)ublic faitli. This was passed November 18. 18.¥). On December 20. 1836, a larilT act was passed; on July 7, 1837, an issue of ten per cent interest bear- ing refunding stock was authorized, which w;is to be excli;inged for certificates of government indebtedness, redeemable after 1842; and on June 17. 1837, :i direct ])ro]>erty tax of one-half of one |)er cent ad valorem was authorized. .'\t the same time a system of occupa- tion taxes was inaugurated. The ])ost office department and the judiciary were established; jind on neceiul)er 19, 1836. ;in important ;ict was passed fixing the boundarx of Texas at the Rio (Ir.ande from its mouth to its source, and thence northward to the fortx-secoud l)arallel of latitude. .\ law establishing ;i gener.il land office was vetoed by President Houston, hut was jiassed b\ ,i constitutional m.ijorit}-. and ultimately became effective. Houston's inaugural message was purely formal, lli.s message of .May 5, 1837, to the second session of the first Congress was of greater interest. The United States had recognized the independence of Texa> 326 HISTORY OF TEXAS on March .5, 1837, and in referring to this the president said, "We now occupy the proud attitude of a sovereign and independent repubhc, which will impose upon us the obligation of evincing to the world that we are worthy to be free. This will only be accomplished by wise legislation, the maintenance of our integrity, and the faithful and just redemption of our plighted faith wherever it has been pledged. Nothing can be better calculated to advance our interests and character than the estab- lislinient of a liberal and disinterested policy, enlighted by patriotism. ;ind guided by wisdom.'" Concerning the finances there was nothing encouraging tu report. Agents appointed to sell land scrip in the United States had failed to report, and commissioners appointed to negotiate the five million dollar TiiK rKL.siiiKM'.s Home at Houston .\s li Was ix 1859 loan had found financial conditions so unsteady in the United States that they had l)ecn unable to jilace any ])ortion of the loan. Congress should devi.se a land system that would guard the interest of the government and prevent fraud, and at the same time protect the rights of bona fide claimants against confliction titles. .As to the form of this law the president made no suggestion. The army was in an excellent state of discipline. It had been reduced to about 1.000 men. and the aimual expense now entailed by it would fall below $230,000. The navv was too small, and the commerce of the country had suffered some damage from Mexican vessels in the gulf- Steps were being taken, however, to mend this deficiency. In connection with the navv President Houston referred to the subject of the .\frican slave trade. "It cannot be dis- believed," he said, "that thousands of .African.s have latelv been im- ported to the island of Cuba, with a design to transfer a large portion of them into this republic. This imholv and cruel traffic has called down IIISTURV OF TEXAS 327 the reprobation of Uu- humane and jusi of all civilized nations. Our abhorrence to it is clearly expressed in our constitution and laws. Nor has it rested alone upon the declaration of our policy, but has long since been a subject of representation to the government of the United States, our ministers apprising it of every fact which would enable it to devise such means as would prevent either the landing or introduction of .Africans into our country. "The naval force of Texas not being in a situation to be diverted from our immediate defense, will be a sufficient reason w-hy the gov- ernment of the United States, and England, should employ such a portion of their force in the gulf as will at once arrest the accursed trade and redeem this republic from the suspicion of con- nivance which would be as detrimental to its character as the prac- tice is repugnant to the feelings of its citizens. Should the traffic continue, the odiimi cannot rest upon us, but will remain a blot upon the escutcheon of nations who have power and withhold their hand from the work of humanity." Toward the Indians the president declared it to be the policy of the government "to pursue a just and liberal course * * * and to pre- vent all encroachments upon their rights." In his second annual mes- sage of November 21, 18.?7. he went into this subject more fully. It had been the policy of the administration, he said, to seek every possible means to establish relations with the Indians upon a basis of lasting peace and friendship. "At this time 1 deem the indications more favorable than they have been since Texas assumed her ])resent attitude. * * * The undeviating opinion of the executive has been, that from the estab- lishment of trading hf)uses on the frontier ("under prudent regulations I, ;md the appointment of capable and honest agents the happiest results might be antici])ated for the country. The intercourse lietween the cit- izens and Indians should be regulated by acts of Congress which experi- ence will readily .suggest." In neither of these messages did the presi- dent make important specific recommendations, and few measures of a general character were passed during the remainder of his term. The constitution provided that the first president should serve two years and shoukl be ineligible for immediate reelection. Houston's term ex|)ired. therefore, in December. 1838. To succeed him the vice-presi- dent. Mirabeau B. Lamar, was almost unanimously elected. Despite a policy of peace with Mexicans and Indians and careful economy in all departments of the government, the public debt had increased to nearly S2.0(Y).000 during Houston's term. No progress had been made toward placing the S.S.000,000 loan, and the government had begun the issue of |)aper money. The subject of the finances Houston recognized as the most serious problem confronting the government, but he indulged strong hope that the orijanization of the lantl office and the o]H'ning of the jiublic lands would specflilv yield "a boundless revenue." President Lamar's inaugural address was modeled to some e.Ktenl (}n that of Thomas Jeflferson when he assumed the presidency of the United States in 1801. It would he his |)olicv to foster "agriculture, commerce, .-md the useful arts as the true basis of national strength and glory"; "and at the satne time to lav the fmnulation of those hisj-her institutions 328 HISTURV UF lEXAS for moral and mental culluri-, without which no government, on demo- cratic principles, can prosper, nor the ])eople long preserve their liber- ties. In foreign policy we should "deal justly with all nations, aggres- sively to none" ; and we should '"court free and unrestricted commerce wherever it may be the interest of our people to carry the national flag." He was less wedded to the ways of peace, however, than Jefferson had been, and while declaring that he preferred peace, he was "not averse from war." "1 shall be ever ready to adjust all differences with our enemies by friendly discussion and arrangement, and at the same time equally to adopt either offensive or defensive operations as their disposi- tion and our own safety may render necessary.' He was opposed to the annexation of Texas to the United States, and the address pictured elo- quently and at length the advantages of independence. The annual message of December 20, 1838, tills nearly thirty closely jjrinted pages. It began with a brief discussion of our foreign relations. The United States had recognized our independence and the relations between the two countries was most cordial. To England and France, loo, the independence of Texas could not be a matter of indifference, and recognition from them was soon to be expected. "With Mexico our posture is unchanged ; she seems still to cherish the illusive hop; of con- (|ut'st, without adopting any means for its realization. .\ final abandon- ment of such hopes, or a more vigorovis prosecution of the measures which would at once determine their worth, would be more consistent with true glory and wisdom than this attitude of supine and sullen hos- tility. While we would meet with alacrity the first indication of a desire for a just and honorable peace, we should compel a more active pros- ecution of the war. If peace can only be obtained by the sword, let the sword do its work." This .suggests a more aggressive policy than Pres- ident Houston had favored. Toward the Indians, too, Lamar was less patient than Houston had l)een, which may be partly explained, perhaps, by the fact that he en- tered political life as the private secretary of Governor George IM. Troup of Georgia. "As long as we continue to exhibit our mercy without showing our strength, so long will the Indians continue to bloody the tomahawk and move onward in the work of rapacity and slaughter." The Indians who emigrated from the United Slates — such as the Chero- kees and their allies — had never acquired fmm Mexico any title to the lands that they occupied, and the treaty which, by the authority of the consultation and the provisional government, was negotiated with these Indians in February, 1836, had never been ratified by any competent Texan authority. This absolved us of anv legal responsibility in the matter, and the conduct of the Indians had left us under no moral obliga- tion toward them. "I would respectfully offer the following sugges- tions: That there be established, as early as practicable, a line of mili- tary posts, competent to the protection of our frontier from incursions of the wandering tribes that infest our borders; and that all intercourse between them and our citizens he made under the eye and subject to the control of the government. In order to allay the apprehensions of the friendly tribes, and prevent anv collision between them and our citizens, I would recommend that each Indian family be permitted to enjoy such HlSTUin ^Jl■ ri'lXAS 329 iinproveniciUs as ihcy occup) , to^cthir witli a >nitablc jjurtion of land, without inteiTuptiun or annoyance, so long as they choose to remain upon it, and shall deport themselves in a friendly manner, being sub- ordinate to our laws m all criminal matters, and in matters of contract to the authorized agents of the government. To this end, the appoinl- inent of suitable agents to reside among the located tribes would be nec- essary. wlu)>c duty it should be to keep u\> a vigilant espionage, cultivate friendh relations, and, as far as practicable, prevent all causes of inter- ruption and collision between the Indians and our own people. Com- missioner> might be apjjointed to make treaties to this effect with such tribes a> are disposed to peace and friendship, while those who reject the terms should be viewed as enemies, and treated accordingly. These gratuitous and liberal concessions, on our part, are jierhaps due to the regard which we all entertain for peace. If, unhappily, they should be found inadequate to seciue that desirable object, and the Indians shall jiersist in their extravagant demands, and resolve u])on war, then let them feel that there are terrors also in the eiunity of the white inan, and that the blood of our wives and children cannot be shed without a righteous retribution." I""or this reason the president was moved to rec- ommend the strengthening of the armv and navy, while at the same time organizing the militia. There had not been time since his inauguration for the president to enquire into fiscal affairs. The success of the loan, however, he con- sidered very problematical, and for that reason he was unable to recom- mend a reduction of taxes or of the tariff'. He thought that the de- velopment of agriculture, commerce, and the mineral resources of the country would soon put the government in easy condition, and recom- mended the passage of a law reserving mineral rights to the state. In the meantime, he recommended the establishment of a national bank, owned and controlled bv the republic. Rased on a hypothecation of the national lands, the jjlighted faith of the government, and an adequate specie dejjosit, such a bank would be safe and would inspire confidence. The sjjecie deposit would not need to be so large as in a privately owned l)ank, btit, unfortunately, as Gouge remarked in his Fiscal History of Texas, Lamar did not indicate where ;in\ s])ecie was to come from, l-'ew banks in the United States were makini; any specie payments at the time, and coin was very rare in Texas. This message has become jusiK famous for its strong advocacy of public education : "If we desire to establish a re|niblican government upon a broad and permanent basis, it will become our duty to adopt a comprehen- sive and well regulated svstem of mental and moral culture. Edu- cation is a subject in which every citizen and especially every parent feels a deep and lively concern It is one in which no jarring inter- ests are involved, and no ricrinionious nolitical feelings excited, for its benefits are so universal that all ))artics can cordially unite in ad- vancing it. It is admitted by all that cultivated mind is the guardian genius of democracy, .and while guided and controlled by virtue is the noblest attribute of man. ft is the only dictator that freemen desire * .* * T,e( ,-,^(. therefore, nrgt' it upon you, gentlemen. 660 HlSiUKV Ul' iliXAS not to postpone the matter too long. The present is a propitious moment to lay the foundation of a great moral and intellectual edifice, which will in after ages be hailed as the chief ornament and blessing of Texas. A suitable appropriation of lands to the pur- pose of general education can be made at this time without incon- venience to the government or the people; but defer it until the public domain shall have passed from our hands, and the unedu- cated youths of Texas will constitute the living monuments of our neglect and remissness. To commence a liberal system of educa- tion a few years hence may be attended with many dititiculties. The imposition of taxes will be necessary. Sectional jealousies will spring up, and the whole plan may be defeated in the conflict of selfishness, or be suffered to languish under a feeble and inefficient support; a liberal endowment which will be adequate to the general diffusion of a good rudimental education in every district of the republic, and to the establishment of a university where the highest branches of science may be taught, can now be effected without the expenditure of a single dollar. Postpone it a few years and mil- lions will be necessary to accomplish the great design." President Lamar's Indian policy was well received by Congress. On the day the message was delivered a bill was passed authorizing the organization of a regiment of 840 men for the protection of the fron- tiers, and $.^00,000 in promissory notes was appropriated for the pur- pose. On December 29 the president was empowered to accept the service of eight companies of mounted volunteers for use chiefly against ihe Comanches and $75,000 was apiirojM-iated. January 26. 1839, three additional companies were approved; and on January 24. SI, 000.000 was appropriated for protection of the northern and western frontiers. Dur- ing 1839 evidence fell into the hands of the government that the Mex- icans were endeavoring to invite the Indians to war — particularly the Cherokee Indians. The growth of po])ulation and the rapid extension of the frontier into the Indian settlements caused constant broils and kept the Indians in an ugly mood. In 1839 the Cherokees. after fierce resistance, were driven from their settlement in East Texas, and the next year the Comanches were greatly weakened in three notable engage- ments. The first of these was the Council House fight at San Antonio in March, in which the Indians lost a number of their chiefs; in August (Sen. Felix Houston defeated a large force at Plum Creek, near Gon- zales; and in October Col. John H. Moore led an expedition that de- stroyed the chief Comanche village on the upper Colorado and killed more than 100 warriors, and, by mistake, it was claimed, some women. Ry the close of Lamar's term the Indians were undoubtedly in a more submissive mood than thev had previouslv been since the declaration of independence, and it seems likely that his atrgressive methods must be credited with some share of the success tbnt followed Houston's gentler policv between 1842 and 1845. Houston found ihem at the beginning of his second term willing for a time to embrace the comforts of peace. Lamar's educational view. too. met the aonroval of Congress, and modest provi.sion was made for the endowment of schools and colleges. January 2f), 18.39, a law provided that three leagues of -land should he HlbiUkV OF TEXAS 331 surveyed in each county, and devoted to the establishment of primary schools or academies. If there was not enough good vacant land in a county for this purpose, the survey was to be made from public land elsewhere. The president was to have survevr-d also, fifty leagues of land "for the establishment and endowment of two colleges or univer- sities hereafter to be created." The following vear — February 5, 1840 — an additional league was appropriated '' - the schools of each county, anil at the same time provision was made for certificating teachers. No teacher was to be given a certificate who was not capable of teaching reading, writing, English grammar, arithmetic and geography. Other important legislation of Lamar's administration was the first ■"homestead law," approved January 26, 1839, a law granting 640 acre headrights to immigrant families who arrived in Texas before 1840, a law for the permanent location of the capital, and various acts for the increase of the revenues. The homestead law "reserved to every citizen or head of a family in this republic, free and indejjendent of the power of a writ of fieri facias or other execution issuing from any court of competent jurisdic- tion whatever, fifty acres of land or one town lot, including his or her homestead and improvements not exceeding $500 in value, all household and kitchen furniture (provided it does not exceed in value $200), all implements of husbandry (provided they shall not exceed fifty dollars in value), all tools, apparatus, and books belonging to the trade or profes- sion of any citizen, five milch cows, one yoke of work oxen, or one horse, twenty hogs, and one year's provisions ; and that all laws and parts of laws contravening or opposing the provisions of this act be and they are hereby repealed: provided, the i)assage of this act shall not interfere with contracts between ]«rties heretofore made." "This," says the late judge C. W. Raines, "appears tn be the first linnicstead act ever ])assed in any country." On January 14, 18v^9, Lamar signed an act creating a commission of five to select a site for the permanent location of the government. As chosen by Congress, the commissioners were A. C. Horton of Mata- gorda, J. W. I'urton of Nacogdoches, William Menifee of Colorado, Isaac Cam|)bcll of San .\ugustine, and Louis P. C'ooke of Brazoria. The only restriction u])0n their freedom was that the site must be between the Brazos and Colorado rivers and west of the San Antonio road — in other words, it must be on the extreme western edge of settlement. The act provided that the cai)ital should be named .■\ustin. On .'\])ril L5tli the commissioners rejwrted that they had selected the village of Water- loo on the east bank of the Cfiloradn as the most available location. Tin president had already ajjpointcd lulwin Waller to supervise the survey of town lots and the erection of jniblic buildings, and so well did he discharge these duties that the government was transferred to the new capital in October, 18.^9. At the time there was a good deal of opposi- tion on the ])art of jealous towns and localities to the estahjishinent nf the cajMtal in the western wilderness, but it jiroved an exceliiiit choice, and undoubtedly h.istened the extension of the western and northwest- ern frontier and furthered the development of the country. 332 iilSruRV Ub TEXAS Lamar's was an extremely busy administration. The country was actually developing very rapidly. The Indian wars and a more active policy toward Mexico than Houston had found it necessary to pursue were costly. The country had been compelled to resort to the issue of paper money before Lamar came in, and this was already beginning to depreciate. The $5,000,000 loan authorized by the first Congress could be negotiated neither in the United States nor in Europe. Tax laws and tariff laws occupied much of the attention of every congress, but since taxes and tariff duties were payable in the paper of the government they vielded nothing in real money. As paper issues increased depreciation continued, and at the close of Lamar's term in December, 1841. the debt had grown to more than $7,000,000, and the value of government paper had declined to from fifteen to twenty cents on the dollar. Lamar has generally been condemned for his extravagance, and certainly some of his policies — notably the .Santa Fe expedition, to be described later, were lacking in judgment ; but it is difficult to avoid the conclusion that much of his so-called extravagance was justified in the end by its results. In considering the $5.000,0(X) addition to the public debt during the three years of his term it must be remembered that, on account of the depreciation of funds, the value received by the government was hardl\ more than a third of that amount. For some months during 1840 and 1841 President Lamar was on a leave of absence for medical treatment in the United States, and the duties of the office were discharged by the vice-president. David G. Burnet. Burnet and Houston were candidates for the presidency in 1841, and Houston was elected. His message of December 30 announced that his policy would be a continuation of that developed during his first term, and almost the opposite of that followed bv Lamar. One-fourth of the money consumed by the wars would have been sufficient, he thought, to make our borders safe, if it had been employed in cultivating friendl) relations with the Indians. He advised the conclusion of treaties with as many of the tribes as possible, and the establishment of a line of tradiitg posts from the frontier to Red River, with one or more traders .il each, and with twenty-five or thirty men to jjrotect them. "I do not doubt that this system, once established, would con- ciliate the Indians, open a lucrative conmiercc with them, and bring continued peace to our entire frontier. Their intercourse with us would enable them to obtain articles of convenience and comfort which they could not otherwise procure, unless by a very indirect trade with more renujle tribes who have commerce with traders of the United .States. Finding a disposition on our own part to treat them fairly and justly, and dreading a loss of the advantages and facilities of trade, they would be powerfully affected, both by feelings of confidence and motives of interest, to preserve peace and maintain good faith." Mexico had rejected our ()vcnure> for recognition, and lie was ot the opinion that no further advances should be made to the government. But there was not the slightest danger of conquest from that quarter. HISTORY OF TEXAS 333 and he recoiiiniended the cultivation of commercial relations with Mex- icans on the border. On the subject of the finances the message spoke plainly: "There is not a dollar in the treasury ; the nation is involved from ten to fifteen millions. The precise amount of its liabilities has not been ascertained. * * * We are not only without money, but without credit, and, for want of jjunctuality, without character. At our first comnuncement we were not without credit, nor had a want of punctuality then impaired our charac- ter abroad or confidence at home. Patriotism, industry, and enterprise are now our onl}' resources, ajiart from our public domain and the precarious revenues of the country. These remain our only hope, and must lie improved, husbanded, and properly employed." To meet the situation President Houston advised the jjassage of stay laws postponing llu- redeni])tion of outstanding debts "to a period sufficienth' remote to enable the government to redeem, in good faith, such as it ought to redeem." To attempt to ta.x the l>resent population for the liquidation of the debt would be ruinous. For the future maintenance of the government he recommended the issue of $350,000 in exchequer bills, secured by a specific appropria- tion of a million acres of land in the Cherokee district; and a loan of .S.^C)0,000 secured by specific assigTinients of the ])ublic land, which the bondholders were to accpiire upon the failure (jf the government to meet the sti])ulations of its contract. The direct property tax should be reduced one half, the remainder and all other jniblic dues to be receivable only in gold and silver, "or equivalent currency." The exchequer bills were to be accepted as "equivalent currency." The situation was all but desijeratc, and congress was in the mood for economy. It abolished a number u{ offices and reducc'd the salaries of others, but did not follow e.xactly the ]iresident's rec ommendations. Instead fif reducing taxes one-half, Houston com- ])lained that it almost aliolishcd them, and post])oned payment for six months of those that it continued : it refused to authorize the new loan and rejiealed the five million-dollar act passed by the first con- gress: and though it authorized the issue of exche(|uer bills, it failed to secure them by specific allotments of ])ublic land, and they rajMdly depreciated, as other paper had done. The subject remained a troublesome one throughout the remainder of the life of the republic, and at the close of IS45 tlu ]}nblic debt was estimated at nearh $12,000,000. At the same time llouston compl;iined of the inefiticiencv and expense of the ])ost office de])artment. I'oth of these he attributed in some degree to the location of the capital on the edge of the western wilderness. In the spring of 1842, therefore, when the Mex- icans made a foray anrl held San .\ntonio for a few days, he decided that the seat of government was too exposed, and, acting in accord- ance with his constitutional right, transferred it to Houston. An attempt to move the archives, however, was violentiv and success- fully resisted b\ the citizens of Austin. Congress met at Houston 334 HISTORY OF TEXAS in the winter of 1842, but thereafter the government was removed to Washington on the Brazos, where it remained during the rest of Houston's term. This defense of the archives by the peoylc of Austin has been dubbed the "Archive War." Tn December, 1844. Houston was succeeded by Anson Jones, who liad been serving as secretary of state. Annexation was the all- absorbing issue at the time, and during the following year the domestic affairs of the republic were of small importance. During Houston's second term the active career of the lexas navy came to an end. During the revolution four vessels were ])ur- chased and put in commission — the Invincible, the Brutus, the Lib- erty, and the Independence. They rendered a valuable service in ]irotecting the coast and in annoying the enemy on his own shores, but various casualties overtook them and bv the fall of 1837 all were gone. The Invincible ran aground at Galveston in trying to escape the Mexicans and was destroyed, and Independence was captured, the Liberty was sold for debt at New Orleans, and the Brutus was destroyed in Galveston harbor by a storm. President Houston's message of May 5, 1837, reminded congress that the commerce of Texas had suffered for want of an adequate navy. One of the first acts of the second congress, which met at Houston in November, 1837, was for the purchase of "a 500-ton ship mounting eighteen guns, two 300-ton brigs of twelve guns each, and three schooners of 130 tons, mr)unting five or seven guns each." For this purpose $280,000 was appropriated. The president appointed Samuel M. Williams of the firm of McKinnev and Williams at Quintana to place the contract. In November, 1838, Williams closed a contract with Frederick Daw- son of Baltimore for six vessels conforming to the above description, and during the summer and fall of 1839 they were delivered. As recliristened by the Texans. thev were the Austin, the Wharton, the .•\rclier, the San Bernard. San Jacinto and San Antonio. In addition to these. Gen. James Hamilton had purchased for the government the Zavala. As the French fleet had in the meantime destroyed the Mexi- can navy, the Texan vessels were for the moment not needed for defense, and congress passed an act in Februarv, 1840. requiring the jjresident to retire from the service temporarilv all except those needed as revenue cutters. The act provided, however, that "should Mexico make any hostile demonstration upon the gulf, the president may order any number of vessels into active service that he mav deem necessary for the public security." Lamar received informati(jn tliat Mexico was trying to obtain vessels in England for an attack on Texas, and tliereforc exercised the discretion which the law allowed him to kee]) the Texan fleet in service. Five of the vessels, com- manded b\- Commodore E. W. Moore, he sent on a cruise to Yucatan, which was in reI)ellion against Mexico, and the following year (1841) a temporary alliance was made with Yucatan by which that state agreed to ])ay Texas $8,000 for jiutting to sea three of its vessels and $8,000 for evcrv month of their active service against the common enemy. By the spring of 1842 the fleet was back in New Orleans undergoing rcjiairs ])reparati>r\- to enforcing Houston's blockade of HISTOKN' Ol'" TEXAS 335 Mt-.\ic;iii i)orts. lU-tun.- tlu- ncssuIs were rt-acly for Sfa, huwincv, the l)K)ckade wcis withdrawn, lii January, 1843, congress passed a secret act ordering the sale of the navy, but the commissioners sent 1)\ tin president to New Orleans to carry out the sale were persuaded by Commodore .Moore to sail with liini to Yucatan, the government of which had agreed to pay liberally for the assistance. Mis chief motive seems to lia\e been to ol)tain money with which to pay debts in New Orleans incurred in fitting out the vessels, and for which he felt a perstjnal responsibility. .\ violent cpiarrel arose between .Moore and the president, who hnally issued a proclamation, declaring that .Moore was guiltv of •'disobedience, contumacy, and mutiny." 'i'lie ipiarrel had the effect of making public the law for the sale of the navy, and tliis aroused such strong ])opular opposition that the act was repealed I'ebruary 5, 1844. When Texas was annexed to the United States its remaining vessels, four in number, were incorporated in the United States navy. In contrast with the government, the people of Texas were coming to be fairlv prosperous during the closing years of the re])ublic. Immigration had been rapid since the battle of San Jacinto, and by 1846 there were probably 100,000 white inhabitant.s^ ^lost of tlieni came from the United States, where the i)anic of 183/ and subseciurnt \ears of dejjression turned the attention of many to the free lands ot Texas as a lield in which to rebuild their broken fortunes. .Xext in numl)er to the .\mericans were the (lennan immigrants, with here and there an occasional Englishman or l-"rencliman. .\ revival of the emi)resario system had been instrumental in hastening the settlement of the western and northwestern frontier. Crops were good and conij nierce was increasing, and indications were not lacking that in 184.i tlu- hardest da\s of the republic were over. A-- a subject of international politics the rejiublic of 'I'e.xas occu- pied no small jdace in the diplomacy of three of the i)rincipal jjowers of the world — tlie I'nited States, luigland, and Erance. not to men- tion Mexico.* This was largely due to the refusal of Mexico to recog- nize Texan indejjcndence. On May 20, 1836, as has already Ijeen said, the Mexican congress ]);issed a resolution declaring that Santa Aiin.i liad no power to bind the nation in the treaty of Velasco. and notif\ ing the world that ^le.xico wmild recognize no action taken liy him while .i lirisoner. .At the same time it w:is annmmced that the go\-ernnu'nt was determined to reduce the relullinu- Texans and was preparing an e.\])edition for that purpose. In fact, the government exerted itself strenuously to iire\i-nt the evacuation of Texas liv Eilisola. wlm sticee' (led to the command of the Mexican arm\- after the captm"e of S.-mta Ann.a. lie was instructed at *On the furciKii rcl;itioii> uf tlu' Kr|uil)lK- oi 'I'lxas -ifviral ifcciil piibliiatiun- (Iciuaiul mention: Gcorjit- P. (iarrisoii (F.ilitnr), Pi/'limuilic Corrrslunutciic,- of tlu Rrpuhlic uf Tr.riT.f, ^ volunu< (published I)y the .Xnicrican Historical .Assoriation, Washington, 1908-1011); Kphraiin Donglass Adams, Hritish Interests niui .lilivitics in Texas. 18.38-1846 (Johns Hopkins Pruss. I'.altimorc. 1910) ; Justin H. .Smith, Thi Aiiiiexation of Texas (The Baker and Tavlor Company. New York. 1911 ) ; and K. W. Winkler (^Kditor). The Seeeet Jciinia'ls of the Senate of the h'e/^uhlie of Texas. 18.?(i-184.T (pnblishcd hv the 'ri-\:iN l.ihrarv Mini Historical t'oinniission. .\ustin. 1911). ,536 HISTORY OF TEXAS ;ill cost to retain Bexar, and was told that a division of 4,000 men was being prepared to reinforce him. Filisola was already on the retreat to J\Iatamoras when this dispatch reached him, and lie continued his retreat. The next communication from the government relieved him of the command and appointed General Urrea to the ])lace, but Urrea was now in Matamoras, whither he had preceded Filisola, and Filisola surrendered the command to General Andrade. Despite orders from Urrea to halt, Andrade continued the march to Matamoras, and before the end of July every Mexican soldier had crossed the Rio Grande. Mexico continued to threaten invasion, and the Texans expected an expedition during the fall of 1836. On June 25, 1836. Mr. Powhatan F.llis, charge d'aiifaires of the United States in Mexico, wrote his gov- ernment that Mexico seemed determined to push the war, and that nun were being impressed daily in the streets of the capital to swell the army of invasion. More important, from the point of view of the United States, was the rumor whigh Ellis had heard on good authority that ]\Iexico had appealed to England for assistance in reducing Texas. On August 3 Ellis wrote more definitely on this subject. He said that the IMexican minister at London had been instructed to appeal to England for aid in restricting the spread of slavery, and then, if their- overtures were cordially received, to ask help directly in putting down the revolted colonists in Texas who were disobeying the Mexican laws and introducing slaves. On October 26 lillis wrote that the troops that had been collecting in the capital took up the march for Texas the week lieforc imder the command of General Nicolas Bravo. They were all raw levies, he said, and proba- bly did not exceed 4,000. Bravo seemed confident of success, and declared that the force would be increased to 12,800 men before it reached Texas. But, said Ellis, "however confident the officers may be of their success in the ensuing campain. there is no doubt that a ]ianic already prevails among the soldiers." Eong before these troops reached Texas part\- conriicts between the Centralists and the Federalists made it necessarv for the govern- ment to turn them aside for service nearer home, and the danger to Texas passed. Though Mexican vessels were able for a time, on account of the weakness of the Texan na\y, to annoy our gulf trade. IVesident liouston was wise enough to |ierceive that Mexico was |)ractically lielpless, and adopted the policy of ignoring it as a source of real danger. He sent most of the arni\- Iiome on furlough and frowned uj)On border broils. In the fall of 1838 the attention of Mexico was still further diverted from Texas by trouble with France. On .\ovember 27 a French squadron blockaded Vera Cruz, and a state of war ])racticalh- existed until the following spring. Xotwithstanding President Lamar's defiant inaugural address, he was anxious enough for peace with Mexico, anfl seeing in the French embroglio a favorable occasion for overtures, he appointed Piarnard E. Bee to open negotiations. Bee was ct)urteously received at Vera Cruz by General N'ictoria, who had been instructed by the Mexican government to treat him as a private individual and to get from him in writing a statement of his objects. illSIOkN' Ol'" ri'AAS 337 If he came as a coniniissiiim-r from Mexico's rebellious coi(jnists, the gfovernment might consick'v liis i)roposals; but if he came to treat for recognition, the government would ignore him, and \'ictoria should request him to depart. Ree acconii)lished nothing, and sailed from \ era Cruz on June 1 in a French \essel boimd for Havana. He was encouraged by his experience and thought the day not distant "when a definite treaty boundary will be established between ^Texico and Texas, consecrated as it must be by a lasting peace." .\s for an invasion of Texas. Ree thought it was preposterous: "The^• have no navy : thev have not a dollar in the treasury ; they have not paid their cjfficers or men for vears ; thev owe Great Rritain $60,000,000: they are paying France $200,000 every two months. * * * Where, then, are the\- to get money to anni- hilate Texas? Sir. the question is settled." Following Bee's withdrawal from Vera Cruz the Texan govern- ment became convinced that the government reallv desired peace. This conviction was induced bv representations which James Treat of New York made to Gen. James Hamilton, who was representing Texas as a cominissioncr in placing the $5,000,000 loan. Treat said that he had received information through a friend in Alexico, an Ital- ian gentleman named \'italba. This friend later came to New Orleans and had a conference with Treat and Ree, who had now reached that place on his return from \^era Cruz. From New Orleans Treat w ent to Texas and was commissioned to ])roceed to ATexico and negotiate for peace on the basis of recognition as a sine qua noii. Recognition being granted, the only question remaining would be that of boundary. Texas would insist on the statutory boundary of December 19. 1836. following the Rio Grande from its mouth to its source and extending thence northward to the forty-second i)arallel. For this line Texas was willing to pa\' Mexico $5,000,000, which Treat could disburse as seemed desirable, using as much as might be necessary in "secret service" work. .Xt the same time Mexico might be sounded on :i boundary which would follow the Rio Grande tip to I'^I Paso, and thence proceed due westward to the Gulf of California and the Pacific ocean, .\fter the settlement of these two questions the agent might take up the negotiation of a treatv of amity and commerce. Treat first returned to New York, and thence made his way to Mexico. He arrived at Vera Cruz November 28, 1839. and reached the capital two weeks later. Through the Rritish charge. Sir Richard Pakenhani. he established unofficial communication with the govern- ment and placed his proposal before it. For a time he believed that the ])rospect of success was good : but after a year of alternating hope and discouragement he abandoned his vain task and embarked for Galveston. He died before reaching his destination on November .W. 1840. Two weeks before Treat's death the British government signed ;i convention with the Texan minister .-it London agreeing to offer mediation in Mexico for the recognition of Texas. Hoping that this might induce .'i more conciliatorv mood in the Mexican governnu'nt. I.amar commissioned James Webb to proceed to \'era Cruz with full \'or,. I 22 338 HISTORY OF TEXAS ])o\vers to negotiate a treaty. At \'eia Lru/.. however, he was not allowed to land, and communication with Pakenhani at Mexico revealed the fact that the sfovernnunt had rejected the British offer of mediation. In the meantime, the l-'ederalists in northern Me.xico had been making overtures to Texas. First they desired to transport arms through the republic, and later they proposed an alliance. They planned to detach the northern states from Mexico, and went so far as to declare the inde])endcnce of the republic of the Rio Grande in ?$i^:-51isr^ Fort D.-wis Scene Januar}-. 184U. The Texan government declined to ha\e anything to do with this movement, but a considerable force of Texan volunteers joined the Federalists and participated in several rather serious bat- tles. Lamar's administration saw the onlx- attempt that the Texans ever made to realize the boundary fixed by the law of December 19. 1836. The chief city in New Mexico was Santa Fe, on the east side of the Rio Grande, and theref(jre within the limits claimed liy Texas. Between Santa Fe and St. Louis, Missouri, a valuable trade had long existed, and the strongest motive influencing Lamar seems to have been the desire to turn the profits of this trade to Texas. On April 14. 1840. he wrote a letter to "the citizens of Santa Fe." reminding them that Texas had "entered the great family of nations" and been HISTORY OF TEXAS 339 recogiiizi'd by the L'nitcd States aiul I'rance, while r)lher ])u\\ers of Kurope were ready to extend the right hand of fellowshi]) ; uur ])u])ii- hition was ra])idlv increasing b\ immigration from liurope and the United States; "and our commerce extending with a power and celer- ity seldom equaled in the history of nations. Under these auspicious circumstances, we tender to you a full participation in our blessings." He hoped that this communication would be received in the same s])irit of kindness and sincerity in which it was dictated and expressed the hope that he should be able to send commissioners to them in .September "to explain more minutely the condition of our country, of the sea-board, and the correlati\e interests, which so cm])hatically recommend, and ought perpetually to cement, the perfect union and identity of Santa Fe and Texas." No reply to this communication was received, nor were commis- sioners sent in 1840. The suggestion aroused some interest in Texas, however, and the secretary of war recommended the construction of a military road to Santa Fe. Congress refused to make appro])riation for a commission, but in the spring of 1841 President Lamar deter- mined, nevertheless, that one should be sent, and on his own authority ordered the treasurer and comptroller to honor drafts presented for outfitting the expedition. As finally organized, the expedition con- sisted of three commissioners — William G. Cooke, R. F. Rrenham, and J. A. Navarro — fifty merchants, and a military escort, for ])rotection from the Indians, of 270 men. commanded b\- Gen. Hugh McT.eod. The whole party organized near Austin and set out toward the end of June. The commissioners bore an eloquent address from Lamar to the "inhabitants of Santa Fe and other portions of Mexico east of the Rio Grande" inviting them to cover themselves with the protection of the Texan flag. The commissioners were instructed to try t( secure the adhesion of the people to Texas, but not to use force : and if the Texan proflfer were declined, to devote their efforts to establish- ing a commercial convention. The exjiedition reached New ^lexieo in the last stages of exhaustion from starvation and thirst and surren- dered to Governor Armijo, who refused to believe that the Texans came on an innocent mission. The prisoners were marched to Mexico and sent thence {>> \arious prisons. Those who were citizens of the United States or nf luim- pean countries were soon released through the efforts of their gii\ern- ments ; and Daniel Webster, as secretary of state of the I'nilcd States. interceded with the ^Mexican government for the humane treatment nf the Texans. On June l,'^. 1842, Santa Anna celebrated his birthday hy releasing the remaining prisoners, exce])t Xax'arro, w Im did n^t make his escape until 1845. In the meantime Mexico had again taken the aggressive and li.id made a brief invasion of Texas. On January 0, 1842, Gen. Mariano .\rista issued from Monterey an address to the inhabitants of the "Department of Texas" pointing out the hojxdessness of their struggle fur independence and promising amnesty and protection to all who refrained from taking up arms during his contemplated invasion. .\t tlic s;imc time he warned them that while his eoinitrx held >int "the .UO HISTOK^" OF TEXAS olive brancli of peace and C(jncord witli one hand, she would direct with the other the sword of justice against the obstinate." Early in March Goliad, Refugio, San Antonio, and Victoria were occupied for a few days by Mexican forces. The Texans were entirely unprepared, and at first great alarm was felt. Gen. .\lbert Sidney Johnston wrote General PTamilton on I\rarch 11. "'ihe war, after great preparation on the jiart of the enemy, is upon us without the slightest effort iiaving been made by us. Our people are, however, turning out well and hastening west- ward, for the purpose of concentrating to meet the enemy, and notwithstanding every advantage has been given, we rely upon the energy and courage of our people to achieve most brilliant results." (^n the 10th President Houston issued a proclamation ordering the militia to be ready for a call, and the next day he wrote the Texan consul at New Orleans telling him the conditions upon which the gov- ernment would receive emigrants from the United States : each should bring with him "a good rifle or musket, with a cartouch box. or shot pouch and powder horn, with at least 100 rounds of ammunition, a good knapsack and six months' clothing, and enter service for six months subject to the laws of Texas. Thev must be landed for the present at some point west of the Brazos, with eight days" provision. Xo number less than fifty-six in companies well organized will be received, and on landing each commandant will report to the secretary of war for orders." P>y March 15 the Texan forces began to collect at .San Antonio, but the ^lexicans had retired on the 9th. and were already thought to be west ui the Rio Grande. Many of the volun- teers were anxious to invade Me.xico, and General Burleson, who was in command at .San .\ntonio, thfiught the invasion jiracticable. Presi- dent Houston, however, wiseh- forbade such a movement before July 20, which was the earliest date at which lie thought the necessar\- preparations could be made. Fearing that Austin would be attacked, the president had trans- ferred the government to Houston, and thither he called a special ses- sion of congress to meet on Jul\ 27. In his message he expressed I he belief that Mexico could never conquer Texas, but he was con- vinced that it would continue to harass the frontier, and he advised a counter-invasion to bring the enemy to their senses. "We could at least impress them with the calamities which have thus far been inci- dent to us alone, and create in them a desire for that peace which would be mutually advantageous to both parties." .\s usual. hf)w- ever, Houston refrained from ])ushing his ^■iews strongly on congress, merely mging that a decisitjn be reached (piickly. so that additional emigrant-\-olunteers could be ])revented from coming to the country if they were not needed. Congress voted for a declaration of war, and appropriated 10.000.000 acres of land to meet the expense, but this Houston considered totally inadequate and vetoed the bill, thereby abandoning for !iis own part the plan of an aggressive campaign. The Me.xicans had retired without doing anv considerable damage, and it seems that the chief purpose of the invasion was to counteract HISTORY- (JF TKXAS 341 tlic argument uf Mimcxalioiiists in the United States, who contended that since Mexico had never made an official entrance into Texas since 1836, no attention need be paid by the United States to its claims. In September, 1842, another expedition penetrated to San Antonio under the command of Gen. .\drian Woll. This time some resistance was otTered and the .Mexicans lost a few men before the Texans, tifty-three in number, surrendered. The district court was in session at the time, and Judge Hutchinson and other officials were among those captured. As soon as the news spread Texan forces began to march to the relief of San Antonio, and a band of volunteers from Gonzales under Cul. Matthew Caldwell succeeded in decoying a portion of Woirs division into an ambush on the Salado and inflicting considerable loss upon it. .\t the same time, however, a company from La ( irange and Payette county, coming to the relief of Caldwell, was surrounded b)- the Mexi- cans and cut to pieces. W'oll occupied San Antonio September 11-20. and then retired, being pursued for several days by Colonel Caldwell. Again the militia was called out, and vohmteers began to collect at .San .\ntonio, eager for an invasion of Mexico. About the middle of Xovember some 750 men, commanded by Gen. Alexander Somervell, started for Laredo. They took the town on December 8, and part of the force then disbanded and returned home. The remainder con- tinued the march down the Rio Grande, but on December 19 Somer- vell ordered them to retreat to Gonzales. Some 300 of the men refused to obey his orders, elected Col. W. C. Fisher to lead them, and marched to Mier, where they fought a desperate battle with Gen- eral Ampudia on December 25-26. The odds were hopelessly against them, and on the 26th they surrendered. Gen. Thomas Jeliferson Green in his "Journal of the Texan Expedition .Vgainst Mier" says that they were promised the treatment of prisoners of war though the official capitulation says merely that the Texans will be treated "with the consideration which is in accordance with the magnanimous Mexi- can nation." tureen tells us that there were 261 Texans engaged in the battle of Mier, nearly forty having been left in caniji to guard the baggage. Ten were killed, and twenty-three badly wounded, while the loss of the Mexicans was thought to be more than 700. General .\mpudia was ordered to send the prisoners to the cajiital. On the way they made a break for liberty, killed some of the guards, and escaped, but were later recaptured in the mountains and a tenth of their number shot. The survivors were cventuallv imjjrisoned in Castle Perote. While the Mier prisoners were marching tDW.ird tlu' south ant)ther Texan expedition, commanded by Col. Jacob Snivcly. was moving toward the northern boundary of Texas to capture a train of merchan- dise which it was known would be carried during the summer of 1843 from St. Louis to Santa F^e. The expedition had been authorized by the Texan government in F'ebruary, but the force was composed of volunteers who went at their own expense and who expected to repay themselves by the spoils of the caravan. They encamped on the Arkansas River to await the train, but before it arrived the party divided and Snively was left with onlv a few more than 100 men. 342 JiiSTOKY OF TEXAS When the- caravan arrived it was guarded by United States soldiers, who disarmed all but ten of Snively's men and ordered them home. The Texan government claimed damages from the United States for this act and was paid for the arms taken, but the expedition failed. In the meantime President Houston had been trying to bring pres- sure on Mexico through the mediation of the strong foreign powers. The United States, as we have seen, recognized the independence of Texas in March, 18.^7, by accrediting to the republic a charge d'affaires. France recf)gnized it by concluding a treaty of commerce and friend- ship on September 25, 183^, which was ratified on February 14, 1840. British recognition was obtained in a series of treaties concluded in November, 1840, but these were not ratified until June 28. 1842. One of these British treaties was an agreement on the part of England to urge upon ^lexico the recognition of Texas, and Lord .\berdcen on fuiy 1, 1842, instructed the British charge at Mexico to make the necessary representation to the Mexican government. This was done, but the overture was rejected. Immediately following the ratification of the British treaties an effort was made to get France, England, and the United States to make a joint demand on Mexico for recognition, but England refused to become a party to this tripartite action. .Vt the same time, however, Lord Aberdeen suggested that the three gov- ernments might make identical representations on the subject to the Mex- ican government. Appropriate instructions were accordingly issued t wish tu esiahlisii a c-iinlinllinL; mriiiciKc and in prevent annexation by the Tnited States. On October I6th. 184o, President Tyler opened negotiations for the annexation of Texas by treaty. He was a slave owner, and was doubt- less not averse to an extension of the slave territory of the United .Stales, hut he sincerely believed that Great Britain was on the point of ,i(aininfj a foothold in Texas, which would be harmful lo the United .States. He may also have been influenced to some extent by the am- bition to have his administration identified with a great measure like annexation, but it is now in a fair way to be conceded by students thai his idea was statesmanlike and his motive patriotic. The truce between Texas and Mexico had just been arranged, and President Houston was in a position to feign indifference, if he did nol feel it. Me would not entertain Tyler's [jrojiosal until he was assured of two things: (1 I Thai the treat)- would command ihe two-thirds majority necessary for its ratification in the senate; and (2) that the United .Stales would u.sc its army and navy li ]ik'a>iirr tn dn. in diie word, all goodly things for us. * * *" President Jones submitted tiie question to a convention at Austin on July 4, 1845, along with the Mexican proposal to recognize Texas on condition of its remaining independent. He had previously pointed out that Texas was at peace with the world, that its Indian tribes were tran- i|uil, that the receipts had been sufficient to meet the expendiures of the government, that the finances were much improved, and congratulated "congress and the country upon a state of peace, liappiness and pros- perity never before experienced in Texas, and rarely if ever equaled by so young a nation." It was plainly his purpose to show, what was true, that Texas had pas.sed the period of its greatest hardships and was now <|uite able to take care of itself. The peo])le, however, were anxious for union with the United .States, and the convention accepted the terms of the joint resolution by an all but unanimous vote. .\ constitution was then adopted and submitted to Congress in December, 1845. This was approved on December 29, and February 16, 1846, President Jones yielded the executive office to Governor J. Pinckney Hender.son. As ;i rule the ])ul)lic men of Texas were opposed to annexation, ritish government believed him sincere. Tn any event his fiiplomacv was rather clever. The two most receiu studies of the diplo- matic historv of the Republic.* both based on extensive f.amiliaritv with the manuscript sources of the subject, agree in the opinion th;it Houston rlesired independence. The ipiestion is a puzzling one that can hardl\ be definitely settled. Mexico had repeatedly declared liiat it would consider the annexa- tion of Texas equivalent to an act of war. and unon the i^assage of the ioint resolution it severed diplomatic relations with the United States. A\'hile annexation was not the sole cause of the Mexican war which fol lowed, it was one of the most important causes. *.AHanis. !•:, D.. British liilrrrxts and .IrliTilii-s in VV.niA. lX.?8-lS4(i, l'.altim..rr. 111(1. Siiiitli. Justin H., Till- .hinrralinii of Ti'.ra.f. \<\v York. CHAPTER XXIII THI-: TRAXSITION FROM REPUBLIC TO STATE Annt-xation having Ijeen assented to by the conventiun, the imme (Hate problem before it was the formation of a state constitution. Thi; task was confronted by obstacles serious as well as unique. How go about it ? The existing constitution provided for no such contingency. The calling of the convention could not be left to congress. Repre- sentation in that body had been apportioned in March. 1836, while .Santa Anna was at the Alamo. His subsequent invasion and the consequent depopulation of the western counties resulted in very unequal representation in the earl)- congresses of the republic, the western counties enjoying more than their fair share. It had been impossible, however, to correct the inequalities, because the constitu- tion forbatie a reapportionment of the representatives until a census A\as taken, and this the western members successfully opposed. The rcmo\-al of the government from Austin in 1842 increased the hostility of the West. "The congress of the reinililic was so constituted," said President Jones : "That about one-third of the population had a majority in that body over the other two-thirds. This had always been a most exciting theme. * * * Soon after I made the call for the meet- ing of congress (to consider the terms of annexation) I was informed that some highly respectable and influential members of the majority had declared 'that they had the power in congress, and would keep it in the state government by so apportioning the convention as to perpetuate the old basis.' If this were so, I was well aware it would give rise to a most angry discussion, and perhaps procrastinate the action of congress for months. * * * The question of a basis of representation carried with it the question of the seat of government, a cjuestion which at one time came very near dissolving the government itself. The East, North and Middle were willing to let Austin remain the seat of government if the apportionment of representation could be made equal. To this, however, it was understood, or at least feared the majority might not agree. In this situation I determiner! uj)on calling the convention myself. I fixed an ec|uitable basis of representation, and the people throughout the countr}' gener- ally acquiesced in the measure." Like the convention that formed the constitution of the re])ul)lic in 1836. the convention of 1845 met at a ])oint on the frontier of Te.xas. .\bout the only con\enience .\ustin possessed was a ne\\ s]iaper print- ing office. Even the indispensable records of the government, except those of the land office, were at Washington. There was no library. On the other hand, it may be seriously doubted whether at the present time a body of delegates could be selected who would represent an e(|ual variety of leg;il knowledge and an cf|u;illy extensive experience 350 HISTORY OF TEXAS 351 ill the administration of laws as did those of the convention nf 1845. Over half of the states of the Union had sons in this convention. The terms of annexation laid down the broad conditions that the constitution must provide for a republican form of government, that it must be adopted by the people, and be acceptable to the congress of the United States'. The peoi)le back home and the enemies of Texas in the United States congress were constantly kept in mind, ;md many doubtful matters were discarded to avoid opposition. The bill of rights followed closely the declaration of rights of the constitution of 1836. However, .several of the provisions of the latter were severelv questioned : .\ provision that in prosecutions for libel "the truth may be given in evidence" was struck out, and the prohibi- tion of imprisonment for debt was retained only after much debate, because it helped to put down the credit system. The legislature was directed to provide for enumerations of the free inhabitants and of the qualified electors in 1846, 1848 and 1850. The number of representatives was to be apportioned in proportion to the number of free inhabitant.* — minimum number, forty-five; maxi- mum, ninety. The number of senators was to be apportioned in pro- portion to the number of qualified electors — minimum number, nine- teen ; maximum, thirty-three. The convention fixed the number of representatives for the first legislature at sixty-six, and the number of senators at twenty. The per diem of members of the legislature was fixed at $3.00; the sessions were to be biennial and were not restricted as to length of duration. The first apportionment of the members o' the legislature stirred the feelings of hostility between the West and East ; a compromise was reached bv letting each county have at least one re])rcsentative. The separate b;isis for apii coming before the convention related to land claims. Lengthy debates were indulged in upon the propriety of inquiring into forfeitures of lands under the laws of Coa- huila and Texas, lands escheated under the laws of the republic, and lands forfeited by the failure of their owners to take part in the war for Texan independence. The constitution of 18.36 had taken positive ground in repudiating some of these claims, and it was concluded simply to reaffirm the law as it stood before the convention as.sembled. A pro- posal to .suspend all colonization contracts made by the president of the republic produced much angry discussion. It was contended that these contracts were illegal from the beginning, since the government had no right to grant lands for colonization purposes while there were out- standing large numbers of unlocated headright claims, donation war- rants and land scrip, the holders of which had an implied right of first choice of location, hut had been prevented from making such location by the un])rotected condition of the frontier. It was feared that the inclusion of any |)rovision on this subject might jeo])ardize the apjiroval of the constitution by the United States congress, and a separate ordi- nance ordering the forfeiture of these contracts was submitted to a vote of the pco])le at the same time that the constitution was voted U])on. The constitution is short and exhibits many successful efforts at self- restraint on the ()art of the convention. Contemporary estimates of the constitution declared it "the best and most conservative document which has been adopted by any of the southern states for ten years past;" another said of it: "It breathes throughout a s])irit of honesty and pa- triotism, and * * * contains such essential principles of govern- ment as will tend to advanct- the immcdi.atc interests and prosperity of the state." President Jones's friendliniss toward annexation ua-. in ^nmc (|uar- ters regarded with much '-us|>ii-io!i. '{"his .-uid the ini]icirlani steps vet VI II,. I- i-i 354 HISTORY OF TEXAS to be taken to complete annexatiun gave rise to a tentative project on the part of some members of the convention for abolishing the existing government and establishing in its place a provisional one to endure until annexation had been completed. On being apprised of these facts, President Jones, with a portion of his cabinet, repaired from Washing- ton to Austin, for he feared that for the convention to attempt such a course would lead to anarchy and perhaps defeat annexation. Some delegates honestly believed that the adoption of the state constitution would put an end to the republic ; others argued in favor of the change because it would reduce expenses. Delegate Francis Moore, in an address, showed the inexpediency as well as the danger of such a course, and it was abandoned. That no inconvenience might result from the change from national to state government, ample provision was made for the .succession of the latter to the enduring functions of the former. The president was directed to order an election to be held on the second Monday in October for the purpose of adopting or rejecting the consti- tution and for voting for or against annexation. The returns of this election were to be compared on the second Monday in November, and if it was favorable he was directed to proclaim that fact and to transmit copies of the constitution to the president of the United States. The con- sitution thus adopted was to go into effect from and after the organi- zation of the state government. On the second Monday of November President Jones was directed also to order elections to be held on the third Monday in December for governor, lieutenant governor and mem- bers of the legislature. Immediatel)- upon receipt of notice of the accept- ance of the state constitution by the Congress of the United States, he was directed to issue his proclamation convening "at an early day" the legislature. As soon as the legislature shall have organized it shall can- vass the vote for governor, and after the inaugural of the governor the president shall turn over to him ''all records, public money, documents, archives and public property of every description whatsoever, under control of the executive branch of the government." Candidates for the several offices to be filled did not await the presi- dent's proclamation to make their announcements. J. P. Henderson, of San Augustine County, had consented to become a candidate for gover- nor even before the convention adjourned; later he was formally nomi- nated by mass meeting in East Texas. No one was put forward in that section for lieutenant governor, it being considered expedient to leave to West Texas the naming of such a candidate. A. C. Horton, of Mata- gorda County, soon entered the field. After these names had been before the public for some time. Dr. James R. Miller, of Washington County, and N. H. Darnell, of San Augustine County, were put forward as can- didates by a meeting held at Rrenham. Very little interest was shown in the campaign. The newspapers urged that since the democrats had secured the admission of Texas to the Union, the members sent to the legislature should be particularly cautious in their election of United .States senators, in order that only men might be chosen whose records as democrats, both in and out of the Union, were unassailable, and thus assure to Texas a due proportion of influence in the national councils. HISTORY OF TEXAS 355 President Polk signed the joint resolution admitting Texas to the Union on December 29, 1845. On January 12, President Jones con- vened the legislature to assemble on February 16. The retirement of President Jones was fittingly celebrated as an event unique in history. .Mthough not permitted to complete the full term for which he had been elected, he had the pleasure of presenting a picture of the favorable con- ditions of Texas such as none of his predecessors had ever been able to make ; "I am hap])) to congratulate you, gentlemen, upon the universally (prosperous condition of our country at the present time. Our for- eign relations have been closed in a manner satisfactory, 1 believe, to all the governments with which we have had intercourse. The frontier is quiet and secure, and the husbandman sows and reaps his harvest in peace. Industry and enterprise have received new guarantees and a new impulse ; a market is found at home for nearly everything our citizens have to dispose of, and a large and very desirable immigration to the country is now taking place. The ex- penses of the government since I have been in office have been paid in an undepreciated currency, a very considerable amount of debt incurred by previous administrations has been paid off, and a sur- plus of available means sufficient to defray the expenses of the gov- ernment, economically administered, for the next two years at least. is left at the disposal of the state." * * * With this pleasing picture of the present, with fancy's portrayal of the future, and with the glamour of an exciting past, in which a nation's independence had been won, haunting their memory, and the pride and satisfaction welling up in their bosoms that they had helped to create it all, is it to be wondered at that tears trickled down the furrowed cheeks of many of his silent auditors when the president hauled down the emblem of the Lone Star and declared "the Republic of Texas is no more?" And is it strange that when the times became troubled, some remembered the days of the re]niblic and sought to return to them? Governor Henderson approached the occasion from a different view- point. To him annexation signified the termination of ten years of privation and suffering. "If there has heretofore existed any cause for dispute or difference between the different sections of our country in regard to the policy most proper to be pursued," he said in his inaugural address, "surely now there is no cause for disunion, since we have the protecting arm of the United States thrown around us. * * * j^gt us then. I beseech you, commence our existence as a state of this great Union in the sjjirit of harmony and forbearance, and act our parts throughout as becomes the agents of a free, enlightened. Christian people." The governor appointed the judges of the supreme and dis- trict courts, a secretary of state, and attorney general and an adjutant general. The legislature elected Sam Houston and Thomas J. Rusk United States senators, a comptroller, a treasurer and the district attor- neys, and provided by law for the election of two congressmen. Laws were passed organizing the various executive departments and defining 356 HISTORY OF TEXAS the duties of their officers; other laws cstahhshed and organized the sev- eral grades of courts and defined the administration of justice. Thirty- one new counties were created and there was much additional legislation devoted to the fixing of county boundaries, locating county seats, appor- tioning debts of counties, etc. .\ provision of the constitution of 1836 had been seized upon by the representatives of the depopulated western counties to prevent any alteration of the representative districts, and in this way thev had prevented the creation of new counties. The removal of this obstacle by the state constitution resulted in this rush of new counties ; the delay, no doubt, left its impress upon history in the names selected for them. Laws were also enacted regulating taxation, elec- tions, the taking of the census and making appropriations for the support i)t the state government. CHAPTF.R XXIV TEXAS IX THE MEXICAN WAR While the war with Mexico, following annexation, was primarily a contest between the United States and that country, the part that Texas played in it was notable. The results of the war to Texas were of very great importance. In his work entitled "Westward Extension," Doctor Garrison summarizes the causes of the war under four heads ; ( 1 i "Claims of the United States citizens on the government of Mexico; (2) assistance given the Texans by the people of the United States; (3) violation of Mexican territory by United States troops, and (4) the annexation of Texas." In 1843 the Mexican government had notified the government of the United States that it would declare war as soon as it learned of the annexation of Texas. The threat was repeated on several occasions afterwards, but the United States regarded Texas as an independent nation and in no wise res])onsible to Mexico for its acts. The joint resolution offering annexation to Texas was approved by President Tyler on March I. 1845, and on March 6 .Mnionte. the Mex- ican minister at Washington, demanded his jiassports. In view of these hostile demonstrations and the fear of Indian hostili- ties, Texas requested the j^rotection of the United States while annexa- tion was being concluded. General Zachary Taylor was ordered to advance into Texas. His force, however, was so small that he informed President Jones that he could give no protection against the Indians. General Taylor established his cam]) on the Nueces River, near Corpus Christi, and remained at that point from .\ugust. 1845. until March 11. 184f). when he moved to the Kio (Irande oi)])osite Matainoras. On April 25 a party of his troops was ambushed and captured on the Texas side of the river by a large force of Mexicans. This act marked the begin- ning of the war. The next day General Taylor made a requisition on the governor of Texas for four regiments of volunteers. Captain Samuel H. Walker's Texas rangers encamped midway between Point Isabel and Matamoras, were surprised by a party of rancheros on the 28th, and ten men lost. Ca])tain Walker was absent at the time ; he is spoken of in General Taylor's disjjatches as "a tried frontier soldier." Before any of the Texan volunteers could be brought into the field, the engagements at Palo .\lto (May 8) and Resaca de la Palma (May 9) occurred — both were fought on Texas soil and resulted in victories for the Americans. The rangers mider Captain Walker received com- mendation. The First Texan Volunteers joined ( ieneral Tavlor at Matamoras. In a dispatch, dated Matamoras, July 31, he said: "The Texas regi- ment of foot under Col. .'\. S. Johnston, formerly of the army, is an excellent corps, inured to frontier service. .Ml the Texan troops are .mxious to go forward ; they are hardy and can subsist on little, and I trust I shall be allowed to retain them." By the time (ieneral Taylor reached Camargo, the three months term of enlistment of the Louisiana and Texas Volunteers had exjiirod. "Rut owing to the great scarcitx 357 338 HISTORY OF TEXAS of regular cavalry," wrote General Taylor, "1 felt compelled to retain the two mounted regiments * * * remustering them at the end of their term for another three months. Their term expires about this time [August 31]. * * * All individuals claiming discharge are, of course, at liberty to quit service, but nearly all the men seem willing to remain for another term." The regiment of infantry, with the excep- tion of three or four companies, preferred to go home. Among these who advanced were the regiments of Cols. George T. '\\'ood and John C. Hays, commanded by Slajor Cieneral Henderson. The Texans ex- hibited unbounded courage in the battle of Monterey, and had not only the satisfaction of defeating the Mexicans on Mexican soil and taking one of their important cities, but also of having their commander ap- pointed one of the commissioners to arrange the articles of capitulation. "They had been engaged for many years in a fierce border warfare with the Mexicans, marked with mutual and extreme exasperation, as is usual in such contests. They remembered the wrongs which they had suf- fered, the deadlv strife in which their friends had fallen, and the ter- FoRT Brown, Cameron County rible vengeance which had sometimes overtaken captive Texans." How the tables had been turned ! The terms of capitulation provided for an armistice of eight weeks. There was some prospect of permanent peace. Reinforcements under General Wool were close at hand. Under these circumstances the Texans. with Taylor, expressed a desire to return home, and they were mus- tered out October 2, 1846. Order No. 124, directing the discharge of these troops, concluded with the following words of appreciation : "The commanding general takes this occasion to express his satisfaction with the efificient service rendered by the Texas Volun- teers during the campaign, and particularly in the operations around Monterey ; and he would especially acknowledge his obligations to General Henderson, Generals Lamar and Burleson and Colonels Hays and Wood for the valuable assistance they have rendered. He wishes all the Texas Volunteers a happy return to their families and homes." During November and December, 1846, a large portion of Taylor's force was ordered to the mouth of the Rio Grande to join General Scott. In February. 1847, Santa Anna advanced against Taylor with a large force, and the position of the latter became critical, until the achieve- ment of the brilliant victorv at Buena Vista. There were but few HISIDKV UF IKXAS 359 Texans with Taylor in this haltle ; these he coin])liiiiented in his dispatch of June 8th : ' "Major McCulloch joined me with some twenty picked men a very short time before the battle of Buena Vista, and when his own valuable services as a partizan and spy were greatly needed. His men, however, were unwilling to engage even for twelve months, and. after much hesitation. I determined to accept them for the period of six. * * * 'phe services rendered by I\lajor McCulloch and his men, particularly in reconnoitering the enemy V camp at Encarna- cion and advising us certainly oi his ])resence there, were of the highest importance." A company under Captain Conner were the only other Texans at Buena Vista ; of the fifty-seven men of this company engaged, fourteen were killed, two woimded and seven missing. Soon after the battle at Buena Vista. Taylor sent orders to Texas for a battalion of cavalry. It was organized with Major Chevallie in conmiand, but he resigned to join Hays under General Scott and was succeeded by Walter V. Lane, '{"his battalion continued in the service until the United States forces evacuated northern Mexico, and was accorded the honor of bringing up the rear when the troops were with- drawn. On one of his scouts toward .San Luis Potosi, Major Lane passed the hacienda of Salado. and while there collected the bones of the Mier prisoners who had drawn the black beans and been shot at that place in 1843. General Wool granted permission to Captain Dusenherry and a private to escort those relics tfi Texas. They were taken to La Grange, where several of the victims had relatives. The |)eopIe gathered and laid them beneath the sod of their adojited country beside their comrades who fell with Daw.son. .Several extracts from General Taylor's despatches and orders have been made to show the high esteem in which he held the Texas Volun- teers. There were occasions, however, when the general used very harsh language concerning them. One who reads the "Personal Recollections of Walter P. Lane" will learn the circumstances that provoked these criticisms, and much to extenuate the conduct of the Texans. No doubt there was truth in the remark attributed to General Taylor : "On the day of battle 1 am glad to have Texas soldiers with me. for they are brave and gallant, but T never want to see them before or afterwards, for thev are too hard to control." In July, 1847, Hays mustered into service his third regiment of Texas Rangers at San Antonio. His orders were to proceed to Vera Cruz "for the purpose of dispersing the guerillas which infest the line between that place and the interior of Mexico." The Texans had demonstrated their ability to cope with that class of bandits in protect- ing General Taylor's line between Monterey and his base of supplies at Camargo. The regiment was attached to General Joseph Lane's com- mand and rendered good service. The Texans became the terror of the Mexican guerillas, and received praise from General .Scott for their daring achievements. Lieut. Col. Samuel H. Walker was killed near Huamantla while engaged in discharging a hazardous duty : he was widely known as a brave and gallant officer. 360 lilSrok^' ()!• I'KXAS Jhe readiness with which tlu- Toxans entered into the war becomes apparent from the followini; faft> : 'i'he call for volunteers received a prompt response, considering the wide expanse from which they had to be collected and the great distance and the character of the country intervening between the settled portion of Texas and the seat of war. Of all the states participating, Texas furnished the highest proportion of troops to total population. She furnished more men to aid the United States in this war than she was herself able to bring into the field to achieve her independence ten years before. The total number of enlist- ments from Texas, according to official reports, were as follows : Volun- teers, 8,018; regulars. 222: total, 8,240. CHAPTER XXV IHl-. I i:X AS-NEW MI'.XICO BOUNUAKV Ihc reiniblic of Texas, in 1836, had designated the Rio Grande from lis mouth to its source as its western boundary. The Texans, in 1845, did not doubt their ability to maintain their claim to this boundary should Mexico care to contest it. Moreover, Mexico at that time ex- pressed a readiness to concede this boundary if Texas would decline an- nexation. The state of Texas inherited a large debt from the republic. The only resource that it had with which to pay this debt was to public domain. This was guarded with jealous care from encroachment. Even before news of the outbreak of the war with Mexico reached Austin, the Texan legislature had adopted a joint resolution declaring: "That the exclusive right to the jurisdiction over the soil in- cluded in the limits of the late republic of Texas was acquired by the valor of the people thereof, and * * * is now vested in and belongs to the state." Confidential instructions from the secretary of war to General Kear- ney, dated June 3, 1846, informed him that "it has been decided by the president to be of the greatest importance in the pending war with Mexico to take the earliest possession of Upper California. An expedi- tion with that end in view is hereby ordered, and you are designated to command it." The occupation of Santa Fe became part of the initial steps of this plan, since the most i)racticable route to California lay through that region. On August 22. 1846, General Kearney reported from Santa Ee "that on the 18th instant, without firing a gun or spilling a drop of blood, I took possession of this city. * * * and have this day issued a proclamation claiming the whole department [of New Mexico] , with its original boundaries, for the United States." Soon thereafter General Kearnev (proclaimed an organic law for the Territory of New Mexico. His whole proceeding was in marked contrast to that of General Taylor during May, 1846, on the lower Rio Grande, when- he was compelled to fight several battles tn expel the Mexicans from within the limits claimed by Texa>. At the time these events occurred in New Mexico the governor of Texas, at the head of a force of Texans larger than the entire command under General Kearney, contributed effectively to the victory gained at Monterey. .As .soon as he learned of tlie events in New Mexico, Governor Henderson addressed a letter to the secretarv of state of the United States, ])rotesting against the course of General Kearney in violating the rights of Texas, and asserting the exclusive and unquestionable right of Texas both to the soil and to the jurisdiction in that region. He received assurances that the rights of Texas would be respected and that the provisional government was temporary in its character. By the treaty of Guadalu])c Hidalgcj. concluded Eebruary 2, 1848. Mexico ceded to the United Slate> all claim to territory east of the Rio (irande from its mouth to the southern boundary of New Mexico, and thence westward and northward to the first branch of the Gila River ,?61 362 HISTORY UF TEXAS it might cross, and thence with the course of the Gila to the Colorado, etc. Thus all the territory claimed by Texas and more was relinquished by Mexico. Thenceforth the boundary of Texas was no longer open to diplomatic negotiations, but it also passed beyond the control of the president. Appended to the treaty with Mexico was a map on which the western boundary of Texas was traced as claimed by that state. The acquisition of Mexican territory had been anticipated by con- gress before the conclusion of peace. The disposition to be made of it furnished the occasion for the impassioned debates on the W'ilmot Proviso, which paved the way for the angry contest over the Te.xas-New Mexico boundary. The contest became important because it assumed the pro- portions of a national problem. Texas had been admitted as a slave state ; however, that portion of its territory lying north of 36" 30', when erected into a separate state, was to become a free state. As it was not probable that Texas would create a new state out of the territory north of 36° 30' for many years, it was possible, if the limits claimed by the state were not changed, to carry slavery as far north as the forty-second parallel of north latitude, thus repealing so far as Texas was concerned the Missouri Compromise line. The very fact that restric- tions were placed around the admission of Texan territory north of 36° 30' was an admission of Texan claims in that region. But the anti- slavery forces in congress availed themselves of the issues growing out of the Mexican cession not only to forbid the extension of slavery into the territory thus acquired, but also to cut down the area of Texas as much as ])Ossible. thereby converting to free soil a portion of the area acquired by annexation. It was this activity of the anti-slavery men to keep Texas out of New Mexico that lent momentary importance to the feeble effort made early in 1850. by a portion of the inhabitants of Cameron county, to procure the organization of the region between the Nueces and the Rio Grande into the Rio Grande territory. The efforts of the anti-slavery forces brought to the support of Texas the slave states. The second legislatvire of Texas created the county of .Santa Fe. designated it as the eleventh judicial district, and Judge Spruce M. Baird was sent there to discharge his official duties. He met with oppo- sition from the officers of the United States, who claimed exclusive authority in that region. Governor Wood addressed protests to Presi- dent Polk and to General Taylor, but received no reply. As the spokes- man of a sovereign state, the governor became very much incensed at their treatment of his communications. In his message to the third legis- lature. November 6. 1849, he said : "The bare denial of justice involved in an attempt to wrest from us this portion of our state is reproach enousjh : to succeed in that attempt would be a reproach still deeper ; and ff>r Texas passively to submit to such despoilment would be the deepest reproach of all. ♦ * * I would therefore recommend that ample power be conferred on the executive of the state, and ample means be placed at his disposal, and that it be expressly required of him to raise the proper issue and contest it, not bv demonstrating in argument the justness of our claim, nor by reference to our statutes, but \\itli the whole power and resources of the state." HISTORY OF 'iKXAS 363 The Telegraph (Houston;, the oldest and perhaps most extensively read newspaper in Texas, in commenting on this fiery message, said : "Texas must assert her claim to her whole limits, as defined by her statutes previous to annexation, or she can no longer be entitled to the rank of a sovereign state. If her domain is to be severed and formed into separate states without her consent, she sinks into the rank of a mere territory. If such was the desire of the general government previous to annexation, the fact should have been made public, and the people of Texas in voting for "annexation and its contingencies' would have rejected a territorial government even with a union to the mother country with utter contempt. + * ♦ The title of Texas to Santa Fe was as valid as its title to Point Isabel, Laredo and the intermediate towns on the Rio Grande. * * * Texas will maintain her rights. * * * if (he general government will place itself in the position that Mexico occupied before annexation, Texas will be forced by circumstances beyond her control to resume her old position. She was then at war with Mexico, and if the general government assumes the position of Mexico, Texas will be at war with her. The result is inevitable. * * * We hope that the legislature will promptly comply with the recommendations of Governor Wood, and we are confident that the people of Texas will to a man sustain them with the whole resources of the state. The banner of the Lone Star shall again be unfurled — not for offense, but for defense, and those who were fore- most to cry aloud for annexation will be foremost to sever the country from the LTnion that embraces but to crush and destroy." A change of executives occurred on December 21st. The third gov- ernor of the state, P. H. Bell, also owed his elevation largely to his (jualities as a soldier. But Governor Bell did not court danger. He was equally emphatic that the rights of Texas must be maintained, and he was not averse to an early settlement by force if there was no other way of adjusting the difficulty. But meanwhile he asked that authority be conferred on the executive to negotiate with the general government for the sale and transfer of the right of sovereignty to the United States of all that portion of Texas north of 36° 30'. The legislature instructed the governor to appoint a commissioner to organize the counties of Presidio, EI Paso. Worth and Santa Fe. It also passed a resolution asserting the claim of Texas to her western boundary and that "Texas will maintain the integrity of her territory." The Texan commissioner, R. S. Neighbors, visited Santa Fe in April, 1850, but was opposed in his efforts by the officers of the United States at every point. In fact, the military commander issued his proclamation for a convention to organize a state government while the Texan commissioner was at .Santa Fe. The commissioner made his report to the governor on June 4th, and the latter immediately laid il before the |)ublic. It caused great indignation, but, since the legislature was not in session and had made no provision for aggressive measures before adjournment, no imme- diate steps of any .sort could be taken. The governor again protested to the president, but, receiving no reply within a reasonable time, he con- vened the legislature to meet about the middle of .August. In his message 364 lllSIOkV ()!• TI'.XAS he recommended the adoption of "such measures as are necessary for the occupation of Santa Fe with a force ample to quell the rebellious spirit now prevailing there, and to enable us to firmly establish the jurisdiction of the state over it." Governor Bell also referred to the measures pend- ing in Congress for the establishment of a government for New Mexico, with a boundary extending south to the thirty-second parallel and east to the 100th meridian, and that it was proposed to pay a certain sum to Texas for her claims to the territory so unceremoniously lopped oflF. "However willing Texas may have been and may still be to dispose of a portion of her northwestern territory, upon fair, equitable and honor- able terms," he said, "I cannot believe that any party respectable for its numbers or intelligence will be found amongst us who would be willing to accept a proposition so degrading to the character and dignity of the state." A joint committee of the legislature recommended maintaining the rights of the state and the enforcement of its jurisdiction over Santa Fe territory, the use of the entire resources of the state for this purpose and the raising and equipping of at least 3,000 rangers, and marching without delay to the scene of the insurrection. These recommendations were accompanied by appropriate bills. "In the whole course of our long residence in Texas," said the editor of the State Gazette (Austin), "we have never seen among the people so much unanimity and enthusiasm as prevails at this time ♦ * * upon the subject of the enforcement of our jurisdiction over Santa Fe." However, at the time matters were thus approaching a climax at home, the forces of compromise in Con- gress, which had floundered for months through interminable debate, began to make definite progress. On July 9, General Taylor died. His policy was regarded by Texans as inimical to their interests; his criti- cism of Texans had engendered resentment. President Fillmore promptly replied to Governor Bell's protest, and sent a message to Con- gress urging immediate settlement of the boundary question. Daniel Webster, the secretary of state, in conveying the president's message to Governor Bell, argued in a masterful way for moderation. Both he and the president asserted that the president was powerless to settle the dispute — that the matter rested wih Congress. The senate without delay passed the Pearce bill. Both Houston and Rusk voted for this bill. Its provisions began to occupy public attention. Preparations for resistance by the legislature ceased and it adjourned. As soon as the governor received official notice of the passage of the Pearce bill, he ordered an election at which the people were to express their approval or disapproval of the propositions contained in this bill. .'\nother extra session of the legislature was called, which met November 18. "I have much pleasure," said Governor Bell, "in congratulating you on the improved auspices under which we meet for the tranquillity and peace of the state, and the amicable adjustment of all matters of difference which were likely to arise with the federal government in respect to our territorial limits." The governor was enabled to adopt this positive tone of assurance because a majoritv of the voters had been favorable to the acceptance of the terms submitted by Congress. The legislature lost no time in ratifying their decision. Texas gave up her JllSTORV UF TEXAS 365 claims to territory lying north and west of the present boundary of the Panhandle, and received in exchange therefor $10,000,000 in United States bonds, bearing five per cent interest and payable after fourteen years. The far-reaching benefits of this act will appear in the succeed- ing chapters on the public debt, prosperity and frontier troubles. As defined by statute the Texas-New Mexico boundary begins where the parallel of 36° 30' north latitude is intersected by the 103d meridian of west longitude, "thence her boundary shall run due south to the 32d degree of north latitude, thence on said parallel of 32 degrees of north latitude of the Rio Bravo del Norte, and thence with the channel of said river to the Gulf of Mexico." .\ survey of this line was provided for by an act of Congress passed in 1858, and actual work began the follow- ing year under the supervision of John H. Clark, commissioner of the United States. Starting on the Rio Grande, Clark marked the 32d parallel a distance of 211 miles to the point where his measurements told him it crossed the 103d meridian. There he established a corner. He surveyed north from this corner a distance of twenty-four miles, but •.vas prevented from proceeding farther by want of water. Therefore, he began at the northwest corner of Texas and ran south 156 miles along ihe 103d meridian. An interval of 130 miles between the nearest ter- minal points of the lines marked by Clark remained unsurveyed. The war between the states caused final action on the .survey to be delayed until 1891, but during that year both the United States and Texas accepted the same. .Since Clark had not established the principal points of his survey by astronomical observation, doubt had always existed whether or not he had determined the true 103d meridian. The federal general land office in 1903 caused the 103d meridian to be established by astronomical observation. The result showed that the Clark line intersected the par- allel of 36° 30' a fraction over two miles west of the true meridian and that it intersected the 32d parallel ,i little over three and three-fourths miles west of the 103d meridian. This, then, was the situation in 1910: the act of 1850 defined the boundary as the 103d meridian : the acts of the United States and the state of Texas in 1891 accepted the Clark survey as the boundary; the two were by no means identical. The jieople of New Mexico naturally objected to Clark's survey because it encroached upon their territory, and in the constitution adopted for the --tale of New Mexico in January, 1911, the 103d meridian wa>. (-al'eH fnr i-- the eastern boundary of the state from the 37th to the .>2d ii-inllcK. The cf)nstitution was submitted to Congress for approval on Febnr"-v 10. To rietermine the matter finally Congress passed a joint resolution reaffirming the boundary line, because the United .States and tlv <'•''■• nf Texas had patented lands ha.sed upon the Clark linos. (It ".iJnn ,,f the constitution of New Mexico in conflict with ihi- r'- c'li''' •' ■• ■'•; r'<''-l;ircd to be of no force, and provision was made for remarking the Clark lines and completing the survev bv nmning a straight line between the nearest terminal points. CHAPTER XXVI THE PUBLIC DEBT At the time of annexation Texas owed between eight and ten mil- lions of dollars. The interest on this debt had never been paid, hence it was growing rapidly. The only resource Texas had with which to pay the debt was the public lands, which, by the terms of annexation, were dedicated to this purpose. At the session of the first legislature a committee was appointed to consider ways and means for paying the debt. In its report, dated March 1, 1846. it said: "Your committee are confident the people of Texas feel keenly the vs'eight of this obligation, and are anxious to meet it. * * * Unfortunately, however, for Texas * * * her population has not increased with the rapidity which might have been anticipated from the salubrity of her climate and the fertility of her soil. Her resources and ability for raising revenue from direct taxation cannot, for many years to come, exceed the urgent and indispensable wants of her domestic administration. Nor can it be denied that annexation, however important and advantageous to the country in other respects, has, by destroying the revenue arising from the customs, taken from us a growing source of revenue, which might in a short time have afforded efficient means of providing for the public creditors. However strong, therefore, may be the desire of the country to provide for its creditors, it has no ability of doing so except through the means of public lands." Sale of the public lands to the United .States was recommended, but the latter probably did not care to buy. The committee commented on the character of the debt ; they said : "The fact that the debt was contracted during a revolutionary struggle constitutes no reason * * * why we should not pay it in honesty and good faith. They, nevertheless, think that she should be bound to return to the public creditors only what, according to just average, they paid her for her securities, with the rate of interest stipulated in the bond or other evidence of debt." Here is a suggestion for reducing or scaling the debt which evoked protests from the creditors, and of which we shall hear more in tracing this subject : An act was approved March 20. 1848. "to provide for ascertaining the debt of the late republic of Texas." The holders of claims were required to lay them before the comptroller and auditor, and the latter were directed to classify them and reduce them to the actual par value which the republic realized. By another act it was provided that the creditors might exchange their claims, as determined by the auditorial board, for land certificates at ilie rate of fiftv cents an acre. Land certificates, however, were at that date selling for much less than fifty cents per acre. consequentK- very few creditors settled their claims on this basis. In the meantime the subject of the Texas-New Mexico boundary had come to the front in Congress, and through the skillful management of the Texas creditors the settlement of the public debt became inseparably with it. Texas had twice pledged herself to care for her public debt, .^t this time she was not trying to evade her obligations, but she insisted on having her own wav in settling her own business. However, for a 366 HISTORY Ol- TEXAS 367 portion of the Texan liabilities the income from import duties had been specitically pledged. Through annexation these duties inured to the exclusive benefit of ihe United States. Certain members of Congress argued that a transfer of the security carried with it responsibility for the debt. This view was acquiesced in by a sufficient number in Congress to insert in the boundary act a provision that five millions of the bonds, issued to Texas in consideration of the loss of land sufTered in adjusting the boundary, should be retained in the United States treasury in order that the United .Slates might be enabled to take receipts from the cred- itors whose claims were secured bv a pledge of the customs duties and thus jjrotect herself for the future. Of course, the bonds were Texan property, and could be paid out only on orders from the Texan govern- ment. The state agreed to this arrangement, although the guardianshij) assumed by the United States was extremely distasteful to many. The fact that Texas was thus quite unexpectedly ])laced in ])Ossessi()ri of means a])])arently ample to satisfy all her creditors caused great activ- ity among llu- latter. The protests against the scaling of their claims became voluminous, ( )n the other hand, Texas experienced all the sen- sations resulting from suddenly acquired wealth, and, no doubt, many occupied much time in planning wavs of spending it in the upbuilding and enrichment of ilie st;ite. Five millions in United States bonds were turned over to Texas early in 1852. I'romjjth ;m act was passed. Jantiarv 31, "providing for the li(piidation and jmymeiit of the debt of the late re[)ublic of Texas." This act a])i)ropriated S2.000,000 of ihe bonds in the state treasury for the l)ayment of that jjortion of the public debt, as reported by the auditorial board, and accrued interest thereon, which wa.s not secured by the revenues from import duties. The act further apjjropriated the $5,000,- 000 in bonds retained in the L'nited States treasury to pay that portion f)f the public debt, as rejiorted by the auditorial board, and accrued interest thereon, which was secured bv the revenues from import duties. The ])avment of ihese last mentioned claims, however, was to be sus- pended until such time as the ITniled States shall have turned over to Texas the whole of the $5,000,000 in bonds retained, in exchange for relea.ses from the creditors, or portions of said bonds equal to the sums for which the state mav present the required releases from any portion of the creditors. Under this act the domestic debt was jironiptly paid, btu for reasons stated in the next |)aragra])h the revenue debt remained unpaid for more than four years. The secretary of the treasur\' of the United States interpreted the boundary act as specifying that all the creditors of Texas, whose claims were secured by the revenue, must file their releases before any portion of the bonds retained could be issued to Texas. Fn addition to this, the secretary of the treasury construed llu- laws of Texas relating to the |)ublic debt in such ;i way as to extend the security of customs duties to a much larger (|uantity of liabilities than the officers of Texas had ever considered as coming within sn-li "inrantee. These constructions of the secretary of the treasury made it impossible to meet the condi- tions prescribed in the boundary act. There were over 1,600 creditors from whom releases were to be obtained. Some filed their releases |)romptly. but others refused to d to its full complement, and that an additional regiment of mounted men under the command of Col. .\. S. Johnston would be stationed on the Texan frontier. Governor Pease was. in conse{|uence, enabled to report to the legislature in his mes- sage, \'(jvember, 1857, that "Our frontier counties lia\c not been entirel\ exempt from Indian depredations during the past two years, though such occurrences have not been as frecpient ,is at former periods. I'revet Major Cieneral Twiggs, who is now in command of thi> de])artment, has done e\ery thing in his jjower to give entire pro lection to our citizens; but the force under his command is alto gether too limited. I am .issured that he has already applied for such an increase of force as will be ade(|uate to that object." 378 HISTORY OF TEXAS Twelve leagues of the vacant domain were set apart for the use of the native tribes by an act of the legislature passed in 1854. The sale of wines and spirituous liquors in the reservations and within ten miles of such reservations was prohibited. The United States author- ities survejed these lands in two tracts ; one of eight leagues was located a short distance below Fort Belknap on the Brazos River, the other of four leagues was located on the Clear Fork of the Brazos, about thirty-five miles distant from the first. Early in 1855 a number of small Texas tribes, including Caddoes, Anadahkoes, Wacoes, Tah- wacanoes and Tonkahuas were collected at the larger reserve ; the smaller was occupied exclusively by what was called the southern band of Comanches. The plan of settling Indians on reserves was not a new experi- ment. Texas has today a small tribe of Alabama Indians in Polk County, which was settled on a reserve in 1839. Rut the location of the sites for the reserves on the Brazos were exceedingly ill-chosen and unfortunate. The object of a reserve was to collect and segre- gate the Indians and to place their intercourse and movements under strict control if necessary, 'i'hc Indian hostilities up to 1857 had occurred principally on the frcmtier from San .\ntonio to Brownsville: prior to that date the northern frontier had enjoyed comparative security. However, about the time the Indian reserves were located the northern frontier, too, began to suffer. Troubles in this quarter were destined to increase, and the reserve Indians shared the blame. A select committee of the senate, composed of George B. Erath. Henr}- E. McCuUoch. Forbes Britton, J. W. Throckmorton and E. B. Scarborough, in a report dated January l,i, 1858, criticised these Indian reserves as follows: "The Government of the United States, through her agents, has collected and settled a few small tribes, naturally better dis- posed, on the Brazos River, below Fort Belknap, where they are somewhat advancing in ci^■ilization, but they do not number more than 400 or 500 warriors. By far the largest number of Indians that have been accustomed to roam on our borders are not friendly disposed, although at a place some forty miles above the lower reserve above mentioned it is pretended to have the Comanches in progress of civilization, but a small portion of this tribe has ever shown any disposition to be willing to enter into the more peaceable pursuits of life : they have made but little progress, and even from the portion of Comanches which have been enrolled for domiciliation at that place the greater number are continually absent, making their appearance only when pres- ents or supplies are to be distributed. * * * Those Indians * * * are but seldom seen by the agents or government officers, and far less controlled by their influence. * * * "Another source of aid to them, as well as disadvantage to us. is that those who are friendly, or recognized as such, are ])er- mitted to pass and rejiass in our settlements, and when hostile Indians choose to penetrate the same territory they cannot be dis- tinguished from the friendly. Citizens fall an easv prey to their HISTORY OF TEXAS 379 enemifs, wlu) have all chances to spy out the situation of property, or the unguarded ccjnditicjn of the husbandman, to commit murder and theft; therefore, those Indians ought not to be allowed to pass into any settlements. * * * Your committee would therefore recommend to the government f)f the United States a change of the course of her policy and that uf her (jf^icers : "First, by instructing her officers not to let friendly Indian.-- pass within the limits of our settlements, and confine them within the limits of the reservation assigned for that purpose. "Second, by declaring war against all Indians fomid outside of such land or lands as are allowed them, and without jiarley or attempt of comprduiisf tn treat them as enemies in open war." * * * The concentration of United Stales Indians on the borders of Texas, the rapid diminution of the buffalo and other game which con- stituted the chief sustenance of the wild Indians, and the ready market furnished by unscrupulous traders for stolen projierty were perpetual causes for Indian depredations; they continued during Governor Run- nels' administration. The Indians on the reserves were supported by the United States Government when their own supplies were exhausted. The policy recommended by the committee was, there- fore, not an unreasonable one. In fact, it was the plan that the fron- tier settlers had adopted as a last resort. The Indians of the Brazos agency were kept within the reserve during the greater part of 1858, but during the fall hunting parties made excursions into the adjacent country. One of these parties was attacked on the night of December 27th and all were killed or wounded. This outrage greatly exas- perated the reserve Indians, and the}- threatened to wreak their ven- geance on the whites. Governor Runnels issued an address to the people of the neighboring counties, warning them against any rash act on their part and assuring them that steps had already been taken to have the Indians removed as soon as possible. The people affected in turn clamored for immediate removal and threatened to take mat- ters into their own hands. The governor apjiointed a board of five peace commissioners to investigate the causes of the disturbances and to adopt measures for the protection of the Indians until removed. The commissioners re])orted that the com])laints of the citizens were not without just cause, and John Henry Brown, one of the commis- sioners, was placed in command of 100 men to compel the Indians to remain upon the reserve. The demand for immediate removal was renewed. The governor was a candidate for re-election and his Indian policy was severely criticised ; the election would be held early in .August. On July .Wth and ,\ugust 1st, the Indians set out from their reserves, under the protection of United States troops, for their new homes near Fort Cobb, north of Red River. The circumstances attending their removal were such that they left "entertaining the most vengeful animosities towards such localities on the frontier as they believed had been active against them." The region between the Nueces River and the Rio Grande did not form part of Texas prior to 18.36; it was a part of Tamaulipas, and 380 HISTORY OF TEXAS Mich of the lands as had passed into juivatc ow iicrshi]) were held by -Mexicans. Their title deeds presented the same cwnfusinn as did all the grants of land made b}- the Spanish gnvernment. In his mes- sage to the legislature in December. 1849, Goxernor Rell recommended the establishment of tribunals for the investigation of those titles and claims, dated prior to March 2, 1836. and held by citizens of Texas, in order that such as were found equitable and just be confirmed. This message created undue alarm. A meeting was held at Browns- ville. February 2, 1850, participated in by many Mexicans, at which preliminary steps were taken for the organization of liu- Kio Grande territory. In the address issued by these factionists it was alleged that "the authorities of Texas seek to annul the titles in real estate. * * * It is a fatal blow to our future prosperity, and will involve the country in litigation, ruinous and endless. * * * With a terri- torial government land titles would at once be quieted. * * * A territorial government is now within our reach." The movement was attributed to speculators and ambitious politicians, but coming at a time when both North and South were trying to checkmate one another in the acquisition of free and slave territory, the feeling that there might be deeper, concealed motives back of the movement created some uneasiness. Governor Bell issued an address, February 22d, "to the people of the Rio Grande," in which he assured them that the sole object of his recommendations was to promote the growth and prosperitv of that portion of the state, and to quiet and not disturb or invalidate the land titles. The proximity of Texas to the Mexican liorder made the escape of slaves a rather frequent occurrence. Mexico would not restore them to their owners. Late in August, 1856, it was discovered that the negroes of Colorado County had formed a plot to murder their mas- ters, plunder their homes, take their horses and arms and tight their way to Mexico. The report of a committee of Colorado County citi- zens on September 9, 1856, declared that "without exception e\ery Mexican in the countv was implicated. Thev were arrested and ordered to leave the country within five days, and never again to return. * * * We are satisfied that the lower class of the Mexican population are incendiaries in any counlr)- where slaves are held, and should be dealt with accordingly. And, for the benefit of the Mexican population, we would here state that a resolution was passed by the unanimous voice of the county, forever forbidding any Mexican coming within the limits of the county." Similar action in regard to the expulsion of Mexicans was taken in Matagorda County. In Uvalde County Mexicans were forbidden to trn\el the public roads unless provided with passes. The Mexican cartmen, engaged in transporting gt)ods between Indianola and San Antonio, were attacked on three different occasions near Goliad during the month of July, 1857. by lawless bands of per- sons, who fired on the cartmen, wounding six Mexicans and killing one American, cut down the wheels of the carts, and in some instances appropri.ited the goods. The agitation carried on bv the Know- Nothing partv is l)elic\-ed to have had some influence on these acts of HISTORY OF TEXAS "381 viulfiice. At a iiieeliny held at tjoliad a resolution was adopted which stated "that we dechire the sentiments of this meeting, and we believe of the whole people throughout this section, to be that the con- tinuance of the greasers or peon Mexicans as citizens among us is an intolerable nuisance and a grievance which calls loudly for redress." The chief cause, no doubt, "was found in the fact that these Mexicans are willing to carry goods at a lower price than American citizens can carry them for." Tlie trade carried on with Chihuahua, El Paso and New Mexico via San Antonio amounted to millions of dollars per annum. Naturally the merchants did not wish it interfered with. On September 12th a train of carts loaded with United States Govern- ment supplies was attacked near Helena, Karnes County ; one Mexi- can was killed and several were wounded. It was openly asserted that such violence would continue as long as the JNIexicans engaged in carting goods. Governor Pease called out a company to afford l)rotection to the cartmen. The lawless element, finding it dangerous to molest carts, depredated (jn private property. The citizens who had previouslv winked at this lawlessness now executed summary jus- tice b)- hanging a number, and promptly order was restored. The dee]) race prejudice entertained toward the Mexican citizens of Texas furnished fuel for a formidable uprising near Brownsville in IS.'i'l. Juan N. Cortina, a daring border chieftain, visited Brownsville July l.^th. He saw the sheriflf dragging a Mexican along by the col- lar; Cortina remonstrated with him: the sheriff insulted him: Cortina thereupon shot and wounded the sheriff and carried off the ])risoner. On .Se|)tember 28th he returned to Brownsville at the head of a body of mounted men, took possession of the city, killed several individuals who had been guilty of outrages toward the Mexicans, and liberated Ihe prisoners. Thereupon he retired to his ranch, some distance uj) the Rif) Grande, and on the .Wth issued a i)roclamation in which be said : "Our pur])Ose has been * * * to ]iunisb the inlanious villainy of our enemies. These have banded together * * * to i)ursue and rob us for no other reason * * * ^ip,,,, ,,ur part except being by birth Mexicans." Cortina having crossed over the Rio Grande, the sheriff captured Cabrera, the second in command, about October 12th. Cortina demanded Cabrera's release and threatened to burn Brownsville if his demand was refused. In a few days Captain Tobin arrived with a company of rangers. Cabrera w'as found hanged. Cortina was joined by large numbers of Mexican-Texans at his ranch. Fearing ib.il Brownsville would be attacked the authorities of Matamoras were ,i])pealed to for aid, which was prompth- furnished, (^n Octo- ber 24th a combined force of .\mericans and Mexicans attacked Cor- tina and comjielled him to retreat into the chaparral. An attempt to dislotlge him resulted in confusion and the combined forces retreated, 'leaving two cannon iMliind I ii-iitcn.inl Littleton v\as (Jefeated i in November k^th. Cortina issued another jjroclamatinn on .November 23d, in which he stated tli.'it "an organized sr)cief\' in ibe State of 'i'ex.as will untir- 382 HISTORY OF TEXAS ingly devote itself to the extermination of their tyrants until its phil- anthropical purpose of bettering the condition of the unfortunate Mexicans who reside there shall have been attained." On the next day Captain Tobin with about 250 men advanced to attack Cortina, but the position of the latter, supjiorted by 400 or 500 men, proved too strong. Major Heintzelman arrived at Brownsville on December 5th, and with a force of 165 United States regulars and 120 Texas rangers he exjjelled Cortina from his position December 14th. Cor- tina retreated to Rio Grande City, devastating a wide strip of country as he proceeded. At that place he was disastrously defeated on December 27th, losing his guns, ammunition and baggage, but he succeeded in making his escape to Tamaulipas. "After the removal of the Indians from the reservations, * * * the hostility of the native races was intensified, and the northern and western borders were subject to all the horrors of savage warfare." Governor Houston's administration covers this period. He had ever championed the cause of the Indian. His message to the special session of the legislature, January 21, 1861, is here quoted to show conditions during 1860 and on the eve of secession : "When the executive came into office the frontier was entirely unguarded except by the federal troops. The Indians, unre- strained by the presence of rangers, embraced the favorable opportunity and gained a foothold in the country, and ere their presence was known and means could be adopted to rejiel them, commenced a series of depredations which struck terror to the settlements. Their savage work was not confined to the frontier alone, but extended to counties within fifty miles of the capital. Although not apprized of this state of things, the executive had made such provisions for the defense of the frontier as seemed necessary. On the 26th of December (1859). a few days after his inauguration, an order was issued to Capt. W. C. Dalrymple. of Williamson County, to raise a company of sixty men, rank and file. This was followed bv orders of the same character to Capt. Ed Burleson, of Hays, and to Capt. John H. Conner, of Travis, on the 4th and 13th of January. These companies were ordered to such points as would enable them to carry out the orders given them to 'give the greatest amount of protection to the frontier inhabitants.' "Had the frontier not been entirelv abandoned to the Indians for months previous to his inauguration, these companies would have sufficed to prevent any concerted and extensive movements against the settlements on the part of the Indians, but they were already secreted in the countrv. Intelligence having reached the executive that numerous small parties of Indians were ravaging the line of settlements beyond Bell County, but yet not on the extreme frontier, orders were issued on the 13th of February to Lieutenant White, of Bell, Salmon, of Bosque, and Walker, of Erath County, to raise each a detachment of twenty-five men to range in and give defence to the comities of Coryell. Hamilton. o l-l H O < CAj < o 384 HISTOm' OF TEXAS Comanche, Erath, Eastland and Palo Pinto. These detachments were soon in the field, with orders to exercise every energy to give the frontier protection and security. ".'\uthentic accounts of depredations still coming in, the execu- ti\e, on the 21st of Februar}', sent to the various frontier counties a letter authorizing the citizens of each county to raise a minute companv of not more than twenty men, who should look to the next legislature for payment ; and to more effectually ensure the presence of these minute companies in the field a general order was issued on the 9th of March, by which the chief justice of each county was instructed to organize immediately a minute com- ]jany of fifteen men, to whom the following orders were given: " 'The detachments will immediatel}- take the held and enter upon active scouts, affording protection to the inhabitants of their respective counties. When an Indian trail is frnnid it must be diligently followed, and if the sign indicates a larger party of Indians than he is able to cope with, he will call not exceeding ten men to his aid.' "Under this order minute companies of fifteen men each were mustered into service in the following counties: Lieutenant Scanland. ^Montague ; Lieutenant Isbell, Wise: Lieutenant Coch- ran, Young; Lieutenant Jones, Palo Pinto: Lieutenant Stevens. Eastland: Lieutenant Lowe, Erath; Lieutenant Price. Comanche; Lieutenant Nelson. Bosciue ; Lieutenant Gentry. Hamilton: Lieu- tenant Font le Roy, Coryell ; Lieutenant Cowan, Llano ; Lieuten- ant Wood, San Saba; Lieutenant Hughes, Lampasas: Lieutenant Lewis. Mason; Lieutenant O'Hair. Burnet; Lieutenant Franzelin, Cillespie: Lieutenant Balentyne. Bandera: Lieutenant McFad- den, Kerr; Lieutenant Kennedy. L'valde : Lieutenant Patton. Blanco: Lieutenant Brown, Bexar; Lieutenant Watkms. Medina, and Lieutenant Ragsdale, Frio. "In addition to putting this force of minute men in the field, the executive, in order to enable the frontier citizens to more suc- cessfully defend themselves, purchased and distributed through the frontier counties 100 Colt's revolvers, which, with a nmnber of revolvers, rifles and muskets, were sent forward, .\mmunitinn was also supplied to the minute companies. "To provide for the defence of the settlements beyond San Antonio, an order was issued on the 5th of March to Capt. Peter Tomlinson. of Atascosa County, to raise forty-eight men, to whom were assigned the range between the Frio and the Rio Crande. Captain Tomlinson was mustered into service on the 20th of March. "It will thus be seen that up to this period the execnti\e had called into service a ranging force of 720 men. which might be increased upon an emergencv to 950. The greater part of this force was then in active service, and as a result the Indians dis- .•ippeared from the settlements. * * * The minute companies of fifteen men were kept in service until the 18th of May. when there being no longer a jiressing neccssitx- for tlieir presence in the JllS'K )K\ <)!• J'KXAS 385 field, they weri' disl.a.uK-.l. subject lu he- called out at any '"'^"Before, however, these forces could be brought to bear on the settlements, nianv murders had been committed and a large number of horses stolen. With a view of avengmg these out- rages and the recoverv of the property of our citizens the execu- tive determined to se'nd against the Indians a force sufficient t,. discover their hiding places and accomplish these objects, it has long been the opinion of the executive that the horses stok-n from us are herded at some central point between our settlements and the trading posts where thev are sold, and that from this point stealing parties strike for our settlements, leaving others 111 charge of the animals alreadv taken. To i.unish these Indians, as well as to ferret out the parties who purchase our hf>rses tn.m them required an able force and was a work requiring much tmu' and privation. The duty of raising troops for this expedition was assigned to Col. M. T. Johnson, of Tarrant County, to whom was issued orders on the 17th of ^larch to raise a sufficient number of mounted rangers to 'repel, pursue and punish the Indians now ravagin? the north and northwestern settlements of 1 exas. with full liberty to dispose of the force under your (his) command at vour (his) discretion.' . ■ "In pursuance of this order, Colonel Johnson raised five com panics of rangers of eighty-three men. commanded by Captains Smith, of McLennan : Darnell, of Dallas : Woods, of Fannin : Fitz- hugh, of Collin, and Johnson, of Tarrant. These rendezvoused at Fort Belknap, where thev were joined by the two companies under command of Captains Fd Burleson and \\ . C. Dalrvn,,.le. and on the 23d of Mav the expedition started for the Indian country * * * A portion of the troops were ordered back by Colonel Johnson from old Fort Radsminske the 30th of July_ The others penetrated tin- Indian countrv beyond the line ot Kansas, and after enduring manv ]irivations returned to bort Belknap where thev were .lisbanded bv order of the executive. "Although no Indian depredations were at that time reported, the executive, to guard against their repetition, ordered tapt. L S Ross to McLennan on the 11th of September to raise a com- pany of seventy men and to take his station beyond Fort Belknap, whe're he arrived on the 17th of October. , , , "On the 6th of December information reached the executive of the most appalling outrages committed bv the Indians in Jack and Parker Counties. Orders were immediately sent forward to Captains Thomas Stocton. of Young, and James Harry, of Bos.pie County, to raise each twenty-four men and proceed to co-operate with Captain Ross in protecting the settlements. These troops did not enter the service, but on the 17th of December an order was issued to Capt. A. B. Burleson to raise seventy men. which was followed by orders to Capt. E. W. Rogers, of Lllis on the 26th of December, and to Capt. Thomas Harrison, of McLennan, on the 2d of January, to raise each seventy men. all of whom have (• vol,. 1—2.''. 386 HISTORY OF TEXAS now gone forward to Fort Belknap, where Col. W. C. Dalrymplc, of Williamson County, acting under commission as aid de camp to the executive, has been ordered to repair to eflfect an organiza- tion of the troops and to devise means for their efficiency. "It affords the executive pleasure to state that the Indians who committed the late depredations in Jack and Parker counties have been overtaken and killed by a force under the command of Cap- tain Ross. * * * "It will be seen from the plain statement of facts given above that from the time of his inauguration up to the present time the executive has devoted all the energies at his command to the defence of the frontier. He has called into service a number of the most experienced ranging officers in the state and given them troops obtained in counties capable of furnishing the best Indian fighters in the world. Not only in number, but in the equipment of the troops, the means he has adopted for frontier defence have been adequate to more than the reasonable expectation of the countr}-. Besides these he has provided every county with a minute company for its own defence, formed by its own citi- zens. * * * "In March last the executive tendered to the secretary of war of the United States 5.000 Texan volunteers to aid in defence of the frontier. The offer was declined. Efforts have been made to induce congress to pass a bill authorizing the calling of such a force into the field, but they have been thus far unsuccessful. The Federal Government has. however, from time to time, sent re-enforcements of the regular army into Texas, until the entire force on our border comprises about one-fifth of our entire army. These prevent the invasion of our soil of any numerous body of Indians, and occasionally intercept small stealing parties, but to entirely check the latter a more active force is necessary, which should be constantly employed in scouting the country." The total cost of frontier defense to the state for thirteen months of Governor Houston's term was $294,781.11. but since the state treasury did not have the funds with which to meet these extraor- dinary expenditures, interest-bearing liabilities had to be issued. This was only a fraction of the expense to which the state was subjected on account of frontier defense. It will be remembered that the act of congress, approved February 28, 1855, making final provision for the l^ayment of the revenue debt, required the state legislature to aban- don all claims against the United States growing out of Indian depre- dations. Investigation made bv the federal war department in 1905 showed that between February 28, 1855, and June 21, 1860, Texas spent $375,418.94 for this purpose. This sum was repaid to the state in 1906. A large portion of the expenditures made during Governor Houston's term were paid out between June 21. 1860, and March 4. 1861. Of these expenditures the state received repaj'ment to the amount of $21,395.95 in 1908, and there was pending a claim for the balance, amounting to the .sum of $183,080.77. (See Document No. 551, hotise of representatives, sixty-second congress, second session.) CHAPTER XXIX POLITICS, 1851-1860 During the period of the republic nu alignment of the voters in political parties had taken place, nor was this the case during the first few years of the state. Candidates for state ofifice entered the race at the solicitation of their friends or in obedience to their own ambitions for political ])referment. The question of annexation and the current of events into which the state was swept by her entry into the Union had a determining effect as to the choice of party by most Texans. The whigs had opposed and the democrats had favored annexation. The United States senators elected by the first legislature and the two congressmen chosen immediately thereafter were democrats. The death of David S. Kaufman caused a vacancy in the Eastern ctmgres- sional district ; among the candidates who offered for the place was a whig. The democrats, therefore, held a convention at Henderson in June, 1851. and nominated Richardson Scurry, who was elected. Democratic congressional conventions were held regularly thereafter in this district. No congressional conventions were held in the West- ern district until 1859. The whigs had carried the presidential election in 1848. Ihe dem- ocrats were determined to retrieve this defeat in 1852. It was under these circumstances that the first state democratic convention met at .Austin on January 8, 1852. Twenty-one counties were represented by delegates, and the democratic members of the legislature from the counties having no delegates were invited to represent those counties. Besides unfurling officially the banner of democracy in Texas, organ- ization was perfected by electing a central committee, a platform was adopted, delegates to the national democratic convention were appointed, presidential electors were nominated, and General ."-^am Houston was presented to the favorable consideration of the great democratic jiarty as a candidate for the i')residency. The ))latforni did not touch upon state ])oIicy. but endorsed the national ])latfnrm of 1848, the conipromise measures of 1850. and the Virginia and Ken lucky resolutions. Washington D. Miller was m.ade cliairm;m of the central committee. The whigs held con\'entions in the Eastern and Western congres- sional districts in the spring of 1852; they a])pointed delegates to the national convention and nominated presidential electors. Some prom- inent names ajjpeared among the adherents of this part\ . Init they seem never to have held a state convention in Texas. During the fall of 1852 the matter of holding a state democratic convention tf) nominate a governor, lieutenant governor and commis- sioner of the general land office was advocated by some. The central committee, therefore, issued a call for the convention to meet at Austin February 22, 185.^. The governor had previously issued his proclamation convening the legi.slature in extra session on Jami:iry 10th; this no dotibl had its sh.irc in inflolitical jiarty" produced a sensation. The legislature paid its respects to General Houston by adopting a resolution disa])]iroving his course in \otiiig against the Kansas-Nebraska act. During the session of the legislature in January. 1856, both the democrats and the know-nothings held state conventions at .\ustin. The democratic platform declared its affirmation of the national plat- ford of 1852, opposition to all secret political societies, whether called "American." "Know-Nothing" or any other delusive name, opposition to all |)roscription on account of place of birth or particular religious creed, endorsed the Kansas-Nebraska act, emidiasizcd the (k>ctrine of state rights, strict construction of the constitution and non-interven- tion by the federal Government in deciding the rpiestion of slavery in the territories. The know-nothing platform declared in favor of native Americans for office, for a strict construction of the constitution and in favor of state rights, for extending the period for the naturaliza- tion of foreigners to twenty-one years, for liberty of conscience and the press, for protection of the frontier, denied that congress had power to interfere with slaverv in the states or territories, and opposed any interference with slavery in the District of Columbia or the repeal of the fugitive slave act ; it recommended a modification of the national platform of 1855 proscribing Catholics, and abolished all secrecy, pass words and signs. Both conventions nominated full tickets HISTOm Ul' TliXAS 389 for state officers and presidential electors and appointed delegates to the national conventions. From 1845 to 1864 the governor, lieutenant governor and commis- sioner of the general land office were elected in the odd years, and from 1850 onward the attorney general, treasurer and comptroller were elected during the even years. So there was a state election every year. The democrats held their convention at Waco in May. 1857. The platform adopted delined no state policy ; it endorsed the national platform of 1856, and declared that the citizens of the South ern states possessed the right to carry their slaves into any territory of the United States. The two-thirds rule was adopted by this con vention and adhered to by subsecpient conventions. 11. R. Runnels and F. R. Lubbock were nominated for governor and lieutenant gov- ernor. The know-nothings held no convention ; the party had alreads begun to disintegrate. But about the time the democratic nominees went before the people Gen. Sam Houston announced his candidacy for governor as an independent. General Houston was kiu)wn throughout the state, was then United Stales senator, had recently been mentioned for the presidenc)-, and he was a vigorous campaigner. Runnels was lieutenant governor at this time, and a wealthy planter, but he was little known throughout the state and made no campaign. Nevertheless the democrats were determined to elect their candidates ; the contest was hot from the outset. The regular ticket won by a good margin; Runnels received .^2,552 votes, Houston 23,628 votes. National events played their part in this result: the feeling was becom- ing general that to resist northern aggression the state must present a solid front. The prominence of national issues was marked throughout the ses- sion of the seventh legislature, November 2, 1857 — February 16, 1858. Governor Pease, in his general message, addressed this body as fol- lows : "Our relations with the federal Government and with the sev- eral states composing it are a subject of deep anxiety to every patriot. The rapid strides made in the last few years by a ])arty in the Northern states, organized with the avowed object of endeavoring to effect the abolition of slavery as it now exists in fifteen states and some of the territories, has very justly excited the fears for the i)erpetuity of the Union. * * * f he people of Texas are attached to their domestic institutions; they ask nothing for them from the federal Go\'ernment l)ut those rights guaranteed by the constitutinn. and an\- infringement of these rights will never be submitted to." Governor Runnels also touched uj^on the course of events in his inaugural address. He reviewed the recent political contest in Texas : he traced the questions growing out of slavery from 1820 to the date of the troubles in Kansas, where the principle of non-intervention b_\ the federal government was flagranti}- disregarded b\- the territf)rial governor and others. "Year by year the South is becoming weaker, the .\orth grow ing stronger. That equilibrium has been destroyed which .WU HISTORY OF TEXAS afforded the uiih sure and permanent guarantee of protection against abolition innovation. * * * Por the future to the North must be left the management and control of a question which involves union or dissolution, peace or war. * * * There i.< now left but one reasonable hope for preserving the Union and maintaining the rights of the states in it, and that is upon a rigid adherence to a strict construction of the federal constitu- tion." Through the death of Gen. Thomas J. Rusk and the expiration at an earl)- date of General Houston's term, the legislature was con- fronted by the unusual condition of having to elect two I'nited States senators. J. Pinckney Henderson was chosen to lill the \acancy, and John Hemphill was elected in place of Houston. In this manner the legislature a second time expressed its disapproval of (jeneral Hous- ton's course. The state democratic convention assembled at Austin January 8. 1858, for the purpose of nominating candidates for attorney general, comptroller and treasurer. A platform was adopted containing the following resolutions: "Resolved, That recent events in the United States senate create in our minds a serious apprehension that the great doctrine of non-intervention * * * is in danger of being repudiated by congress through the instrumentality of members of the national democratic party * * * m^j that we now consider it our duty to set forth to the country the course that we shall be compelled to take in that serious and deplorable emergency. "Resolved. That we request the representatives of the people of Texas, in legislature assembled, to provide at the present ses- sion for the executive of the state appointing suitable delegates to a convention of Southern states, which may be hereafter assembled for the purpose of consultation and advice for the gen- eral welfare of the institutions of the South." Gt)vernor Runnels sent to the legislature a special message on January 20th dealing with the Kansas question. In it he took the same stand as did the democratic convention in the resolution cited above: "It is my deliberate judgment." he said, "that if congress refuses to admit Kansas as a state with the constitution she now pre- sents, for an\- other cause than that said constitution is not republican in character, the time will have come when the Southern states should look to themselves for the means of maintaining their future security." The legislature responded to the sentiments of the governor and the request of the convention bv adopting the following joint resolu- tions. They were passed by a unanimous vote in the house and by a vote of twenty-three to five in the senate : "1. Be it resolved * * * That the governor of this state is hereby authorized to order an election for seven delegates, to meet delegates appointed by the other Southern states, in conven tion. whene\er the executives of a majority of the slave-holding states shall express the opinic)n that such a convention is neces- HIS'IORY OF TEXAS 391 sary to preserve tlu- t-tjual rights of such states in the I'nion. * * * '"2. That should an exigency arise, in the opinion of the gov- ernor, in which it is necessary for the State of Texas to act alone, or by a convention representing the sovereignty of the state, he is hereby requested to call a special session of the legislature to pro- vide for such state convention." On December 30. 1857, John Henry Brown presented to the house of representatives "A Report and Treatise on Slavery and tlie Slavery Agitation." "The main object," said Mr. Brown, "in presenting this report at this time is to get a sound pro-slaver}' document dissem- inated throughout the state. We think it takes a sound southern view of the question. * * * We believe that the circulation of such a document among the population of our state, made up as it is from ever}- country almost on the globe, will have a salutary effect at this time. It has been the great anxict}- of the committee and myself to place the truth before the minds of our people, and especially of those who have come among us from states and countries where slavery does not exist." It was voted to print 10,000 copies of this report in pamphlet form: 7, .^00 in English. 1.300 in German and 1,000 in Sjianish. The state democratic C(jnvenlion met at Houston May 2. 1859, for the purpose of nominating candidates for governor, lieutenant gov- ernor and commissioner of the general land office. Runnels and Lub- bock were renominated without opposition. The platform avoided any reference to state policy, but endorsed the national democratic l)latform of 1856, readopted the Waco platform, declared the decision in the Dred Scott case to be a true exposition of the constitution, o])])osed the admission of any new state until its poinilation entitled it to at least one rejiresentative. and favored the ac(|uisition of Cuba as a measure of self-protection. Early in June General Houston .announced that he would again make the race for governor and defined his platform as follows: "The constitution and the Union embrace the principles l)y which I will be governed if elected. They comprehend all the old Jacksonian democracv I ever professed or officially ])racticed." Other indejiendent candidates were brought out, and the campaign waged between them and the regulars was state wide and full of excitement. In the ])revious cha])ter a brief account was given of the troubles with the reserve Indians during Governor Runnels' admin- istration. There was no subject for which he was more severels' criticised than his Indian ])olicy, and, while it is hard to see how any one could have done much better under the circumstances, it alienated the entire frontier .and brought about his defeat. Other ch.irge? brought against him were that he was a disunic)nist, that his adminis tration had been extraxagant, and that he fa\i)red the reo|)ening of the African slave trade. Some jirominent democrats had declared them- selves in favor of rei)ealing the laws prohibiting the foreign sl.ave trade, but others equally ]irominenl in the councils of the party had denounced the plan most severeK- and the convention discnunten;inced 392 HISTORY OF TEXAS it. Besides, mam inriiifinial public men among ihcm ex-Governor F'ease, supported the independents. Branded as a political outcast, stripped of his senatorial honors, General Houston made his last win- ning tight. His personality, energy and tact in approaching voters broke down the political barriers of his opponent and turned the ' are. however, unalterably determined never to submit to less than their constitutional rights." These facts should be borne in mind. The attempt has been made continually to shift the whole resjjonsibility for the war between the ^tates upon the .South, and in order to do this the enormity of secession, of attempting to break up the Union, has been dwelt upon and magnified. .\ttention needs to be given to the circumstances that led up to the secession, and to the small concessions by which it could have been avoided, as shown bv such cxjjressions as those of Congressm;m Reagan. However, such ])roposals were repulsed with scorn by the republicans. And .Senator \\igf;ill was correct |)erhai)s when be said: "The proposi tion to settle the question by further amendments amount to nfithing. * * * The Xorth will not vield an inch. They will not give us what we are entitled to. Thev will not agree to leave us what we have. * * * The constitution as it stands could not be now ratified in a .single northern state, with our construction of it." The right to secede needed no argument to sustain it in Texas. A considerable portion of her population had lived here when Texas was a nation. Of those who immigrated many were advocates of state rights. Rut granting this, and with abundant evidence to show that there was a popular desire to secede, there still remained the questi(in, 398 HISTORY OF TEXAS How was secession to be effected ? A contributor to the Texas Almanac for 1862 states that there was no other state, except the border states, that had so many obstacles to contend with in the consummation of secession as Texas. "In the first place her population was made up of emigrants from nearly all nations, many of w'hom had not been here long enough to become acquainted with our peculiar form of govern- ment, or to become assimilated in their habits of thinking, or their cus- toms : in addition to which they were spread over an extent of country almost equal in area to all the other cotton states. * * * -phe dif- ficulties in the way of unity of action among a people so situated are iibvious, and especially action in opposition to the existing government. Rut there was still another obstacle that no other of the seceded states had to contend with. We mean the opposition of the governor, who. in the absence of the legislature, controlled the state government, and with- out whose call it was not generally supposed that the legislature could convene in extra session. * * * Hence the governor was petitioned from all parts of the state to convene the legislature in order thereby to obtain a full and fair expression of the wishes of the people as to what measures should be adopted in the critical condition of the country. These petitions, though endorsed by nearly all the public journals of the state and by numerous meetings in all the old and more populous coun- ties, and in many of the new ones, embracing about four-fifths of all the counties and at least nine-tenths of the voting population of Texas, had no avail with our executive, who still refused to allow the people this customary method of declaring their sentiments. * * * "The governor's refusal to call the representatives of the people together compelled them to have recourse to the extraordinary alternative of calling a convention without the aid of the govern- ment, and by their own spontaneous action. The difficulty of accom- pHshing this is obvious, for, as no one could claim any higher au- thority than another in such a movement, it seemed next to impos- sible to harmonize differences of opinion and bring about concert of action as to the time and place of holding a convention and the mode and manner of conducting the election. * * * Still the sentiment was well-nigh universal that some action was absolutely necessary for our common safety." After various suggestions for a convention had been made, a call for the election of delegates was issued by a group of state officials at Austin. .\fter some modification this call was numerously signed and widely cir- culated during the early part of December. It recommended the elec- tion of delegates on January 8. fixed their number at twice the number nf representatives in the legislature, and recommended that thev meet at .Austin on January 28. It was pointed out that the constitution au- thorized neither the governor nor the legislature to call a convention. The time between the issuance of the call and the date of the election was so short that in many of the thinly settled frontier counties no elec- tions were held. In the "exposition" of the proceedings of the seces- sion convention the committee acknowledged that "the ]iroceeding wa."; extraordinary and returns were irregular and incomplete, of necessity, from such an election; but reliable inform.'ition showed for secession HISTOKV ()\' TEXAS 399 nvvr .52.UUU. iiiiiic than half of the hiif^est pull ever fjiven at an election in this state. In (i])|)Ositi()n there were coiii])aratively few votes." When ( iovernor HouNtcm saw that a convention would he called over hi> head, he issued a jiroclaination on Deceniher 17. conveninf^ the legis- lature in extra ses>ion on Januar\- 21 — one week prior to the date sug- gested for the meeting of the convention. It was charged that this move had for its object to checkmate the call for a convention: it ])rohably did interfere with elections held in the counties where the governor had a strong following ; but as regards the entire state it failed. With a great many i)eo])le it was a point of honor that Texas should secede before Lincoln wa> inaugurated and thus avoid the necessitv of submitting even for one day to lilack Republican rule. The\- would not wait for the legislature to call the convention, as it might delay the assembling of lliat body too long. The example of South Carolina and the assumption that better terms could he had by first going out of the Union contributed their share of influence. Five states had formally seceded when the legislature assembled. In hi- message Governor Houston ])resented a detailed account of Indian hostilities, and of the depleted condition of the state treastu-y. He denounced black re|)ublicans and their disregard ffir the constitution, but counseled against secession and urged deliberate and concerted action b> the southern states. If the southern states should decline to act in con- cert, and if secession became inevitable, he wished Texas to remain independent, because she "has views of expansion not common to many of her si.ster states." and "although an emjiire within herself, she feels that there is an em]iire beyond essential to her security." If the legis- lature considered it best to call a convention he would not oppose it. but urged ih;it \vh;ite\-er was done should be referred to the people for review. The convention assembled in the hall of the house of repre.sentatives on January 28, and organized by electing O. M. Roberts, an associate iustice of the supreme court, jiresident. and R. T. Brownrigg, secretary. The legislature on the same day adopted a joint resolution giving the as.sent of the government of the state to and approving the convention. This resohuion provided that in case the convention deemed it nece- sary for the ])reservation of the rights and liberties of the stale to adopt an ordinance of secession the same should be subiuitted to a vote of the (|ualitied electors. Governor Houston approved the resolution, but pro- tested against the assumption bv the convention of any powers "beyond the reference of the (piestion of a longer connection of Tex;is witli the Union to the people." Assured of the reach' co-oper;ition of the legislature, the conveiUion at once i)n)ceeded to business and. during the short interval between lanu,ir\- 28 and T'el)ruarv 4. adopted an ordinance of secession, pro- vided by ordinance for submitting this to a vote of tlie people, drafted an address to the people setting forth the causes of secession, elected delegates to the convention of southern states at Montgomery, Alabama, .md elected a comtuittee on public safetv to sit during the recess of the convention. The comtuittee on federal relations, on January 30, re- ported "an ordinance to dissolve the union of the stale of Texas with the 400 HISTORY OF TEXAS fjovt-rnnient of the United States of America, and to resume all the [)ovvers delegated to that government and her position of equality among the nations of the earth." The ordinance was prefaced by these words: "The federal government has failed to accomplish the purposes of the compact of union between these states in giving protection either to the persons of our people upon an exposed frontier or to the property of our citizens; and * * * the action of the northern states of the Union, and the recent development in federal affairs, make evident that the power of the federal government is sought to be made a weapon with which to strike down the interests and prosperity of the southern I>eople. instead of permitting it to be as it was intended our shield against outrage and aggression." The .second section provided that the ordinance should be referred to the qualified voters on February 23 to be ratified or rejected, and if not rejected to become effective on March 2, the anniversary of Texas independence. A minority of the committee favored striking out this section and making the ordinance effective im- mediately upon its passage, but this was rejected by a vote of 145 to 29. The convention thereby showed its confidence in the people of Texas. The vote upon the ordinance of secession is described by the presi- dent of the convention in the following words: "l-^rly on the morning of February 1 * * * the president had sent Mr. Joseph .Smith, of Waco, a particular friend of Genera! Houston, * * * ,p ai)prisc the governor of the respect intended him by the appointment of a committee to conduct him to the con- vention, and if pos.sible to induce him to come. General notice had been given that the vote would be taken at 12 o'clock m. There was an intense anxiety among the citizens of Austin and visitors to the city to be present. .Special invitations had been sent to the members of the legislature, heads of departments, and to the judiciary. Long before the time designated for the vole, the lobby and gallery were completely filled with spectators, both ladies and gentlemen. Mem- bers of the senate and house of representatives, the heads of depart- ments, and the judiciary came into the hall. Every nook and corner of the house was occupied. As seen from the Speaker's stand, the appearance of the whole house presented the spectacle of a splendid collection of faces, beaming with anxious expectation of the coming event. The committee which had been ;ippointed to wait on Governor Houston now appeared at the entrance of the hall, ;md its chairman announced in a distinct voice, 'The governor of the State!' They then advanced with him towards the center of the hall amidst deaf- ening applause. * * * "phe president, standing, addressed him. saying: 'The people of Texas, through their delegates in convention assembled, welcome the governor of the State into this body.' The applause was then renewed and continued without abatement until the governor had been conducted upon the stand and seated to the right of the president. In the same manner Lieutenant-Governor Edward Clark was conducted to a seat to the right of the governor. Chief Justice Wheeler was conducted to a seat on the stand to the right of the president. * * * Then, amidst perfect silence, the secretary of the convention read the projiosed ordinance of secession. HISTORY OF TEXAS 401 Upon the completion of the reading the ayes and noes were called. The roll being called in uliihahetical order, the delegates announced their votes, and a few of ilieni arose and briefly gave the reason for their vote. The call of the roll being completed, and his estimate of the vote having been handed up by the secretary, the president an- nounced the vote as one hundred and sixty-six ayes and eight noes, and declared the ordinance passed. After the tumultuous cheering which greeted the announcement had ceased, a number of ladies, preceded by George M. l'"Iournoy, entered the hall, waving over their heads a beautiful 'Lone Star Flag.' The enthusiasm was now re- newed, and the building resounded with cheer after cheer as the party proceeded to the center of the hall. * * * The flag being placed in full view at the stand, upon motion the body adjourned to the evening session, and all those in attendance with cheerful countenances and cordial greetings left the hall." The convention provided by ordinance for sul)mitting the ordinance of secession to a vote of the qualified electors on February 23d, and for duplicate returns to be made, at different times, to the secretary or president of the convention. The legislature also passed acts providing for submitting the ordinance of secession to a vote of the qualified electors on the same date and that returns be made to the secretary of state. Thus provision was made for two sets of returns and for two separate counts of the votes. The "declaration of causes which ini|)el the State (jf Texas to secede from the Federal Union" was prepared by a committee composed of John Henry Brown, George Flournoy, John A. \\'ilcox. Malcolm D. Gra- ham and A. P. Wiley. It concluded with an appeal to the voters to ratify the ordinance of secession on February 2,^d. President Roberts also prepared an address urging ratifications of the ordinance. The leaders of the Union party issued an address opposing the adoption of the ordinance. It was signed by Senators M. D. Hart, 1. A. Paschal. Emcrv Rains and J. W. Throckmorton, by Representatives M. L. Arm- strong, Sam Bogart, L. B. Camp, William A. F.llett, B. H. Epper.son, John Hancock, J. L. Haynes, J. F. Henry, T. H. Mundine, A. B. Norton. J. M. Owens, Sam J. Redgate, Robert H. Taylor and G. W. Whitmore, and following delegates to the convention: J. F. Johnson, W. H. John- son, J. D. Rains, A. P. Shuford, L. H. Williams and G. W. Wright. The delegates elected to the convention of southern states at Mont- gomery were sent "in order that the views and interests of the people of Texas may be consulted with reference to the constitution and pro- visional government that may be established by said convention." Since Texas had not completed her act of secession, the delegates were not permitted to vote, but otherwise were cordially received and "admitted to seats upon the floor of the congress and invited to freely and unre- servedly partici]jate in all the discussions of the body in both open and secret session." Louis T. Wigfall. John H. Reagan, |ohn Hemphill, T. N. Waul, John Gregg, W. S. (Oldham and William B." Ochiltree were the delegates. Before the adjournment on February 4th. the convention emj^wered the committee on public safet\- to continue in session diuing the recess, to \ o|. I 211 402 HISTORY OK TH:XAS meet at such places and perform such acts as the pubHc safety required. 'Ihe committee was composed of twenty-one members and John C. ivobertson was its chairman. The o;rcat task it was called on to perform was to free Texas from 2,800 United States soldiers stationed at various posts on the frontier, and to secure for the state such property of the United States as existed within its limits. To accomplish these objects the committee appointed ( 1 ) commissioners to San Antonio to bring about the surrender of the troops at department headquarters and to secure the public property, (2) a commissioner to the northwest frontier for similar purposes, (3) a commissioner to the lower Rio Grande valley for similar purposes, (4) a commissioner to procure funds for the com- mittee, and (5) a commissioner to Louisiana to procure arms. At the outset the committee called on Gevernor Houston and laid before him its plans. The governor agreed in the main with the neces- sity for such action, and gave assurances that the state authorities would throw no obstacles in their way. This assurance relieved the cominittee of much apprehension, for it was feared that the governor had plans of his own which might seriou-sly interfere with those of the committee. Messrs. T. J. Devine. P. X. Luckett, S. .\. Maverick and James H. Rogers were appointed commissioners to confer with General D. E. Twiggs, commanding the department of Texas, with regard to the public arms, munitions of war, etc., under his control and belonging to the government of the United States, with power to demand and receive them in the name of the state of Texas. Ren ^TcCnlloch vtas appointed militarv officer with instructions to execute the orders of the commis- sioners. The commissioners were strictlv enjoined to avoid any collision with the Federal troops. If General Twiggs refused to surrender the public stores at present but promised to do so after the 2d March and agreed that everything under his command should remain in statu- quo until that date, they were to acquiesce. Conferences with General Twiggs vielded no satisfactory results. While he was a southerner and hated Black Republicans, yet it appeared to the commissioners that he was too much inclined to look out for his own interests. Colonel ]McCulloch was, therefore, instructed to raise at once a force sufficient to over- power the troops stationed at San Antonio. During the night of Febru- arv 16th Texan volunteers entered the city and occulted positions com- manding the quarters of the United States troops. Thereupon General Twiggs promptly surrendered the post with all the public property at San Antonio, and agreed to evacuate Texas. The Federal troops were permitted to retain their side arms, camp and garrison equipage, and transportation facilities as far as the coast. The day following General Twiggs agreed to surrender at once all the military jiosts in Texas. The accomplishment of these important objects without bloodshed was an achievement that reflected great credit ujion tho<;e to whom they had been entrusted. The commissioners to the northwest frontier and to Rio Grande vallev were but a few davs behind those at San .Xntonio in requesting the surrender of the military posts in their sections. Fach had regarded a displav of a considerable militarv force as the surest means of dis- couraging resistance. For a time it appeared th.-it a collision between HISTORY Ol' TEXAS 403 till; Texan and United Stales forces on the Rio Cirande eould not be avoided, but tbc delay occasioned by sending for reinforcements afforded time for the receipt of General 'Iwij^gs' order directinj; the evacuation i)f all military posts in Texas. This order made it possible to secure without using force all the posts upon very nearly the same terms that the surrender at San Antonio had taken place. As the United States forces were withdrawn the Texan volunteers took their places to furnish protection to the frontier until more permanent arrangements could be made. The various military movements conducted by the committee on public safety, just referred to. were made under the T^one Star flag. Wherever the stars and stripes were lowered this flag was hoisted in their place. After the jiassage of the ordinance of secession by the con- vention : "The Lone Star flag, the former emblem of our independence as a republic, was generally used all over the .State in evidence of the almost universal desire to resume our State sovereignty. There were numbers in various parts of the State, embracing many of the early settlers, who took active measures to organize what was called I^one .Star Associations, advocating the reestablishment of the Republic of Texas in opposition to annexation to the Southern Confederacy. * * * General Houston was understood to be in favor of attempt- ing to maintain the separate independence of Texas in case of her secession from the old Union. However, the members of the ])arty were so few that no general organization of it ever took place."* The adjourned session of the convention reassembled on .Saturday. March 2d. but no quorum being present the vote on the ordinance of secession was not counted until Monday. The total returns to the con- vention showed 46.129 votes for secession and 14.697 against secession. On the same day the governor issued his proclamation declaring that the result of the vote as shown by the returns to the secretary of state was "a large majority * * * in favor of secession." The assertion has often been made that the election at which the ordinance of seces- sion was adopted was carried by fraud or force and that enough Ihiion Tiien were kept from the polls through intimidation to determine the result. That such charges rest upon a very insecure basis will appear from the following comparison of election returns : Vote for governfir in IR.S? — Runnels, ?i2.5S2: Houston. 2.\f(^S. Tot.il, 56.180. Vote for governor in 1859— Runnels, 27.500; Ilnu^ton. M>.Z^7. Total. 6.^.757. Vote for ])residential electors in 1860 — R>reckinridge. 47.34S ; I'.ill. 15.463. Total. 63,011. Vote on ordinance of secession in 1861 — For, 4().li'': against, 14,097. Total, 60,826. Each of these elections aroused more than ordinar\ public interest :ind resulted in a full poll. The vote for Breckinridge and Rell was determined by issues so closely parallel to those presented hv the ordi- •Texas Almanac for 1862. 404 HISTORY OF TEXAS nance of secession tliat tlie almost identical poll of the two is much more than a coincidence ; it shows that sentiment in November, 1860, was almost the same as in February, 1861. The proportion of enlistments from Texas in the Confederate service and in the Union service also go to confirm this view. The committee lu which had been referred the ordinance in relation to the luiion of the state of Texas with the Confederate States of America reported on March 5, recommending immediate action. The vote upon the ordinance showed one hundred and nine in favor of immediate union with the Confederacy and two against it. This act of the convention was second in importance only to the act of secession ; it linked the fate of Texas with that of her sister states of the South. Anticipating that there would be criticism of the convention for not submitting the question of union to a vote of the people, the committee in its "exposition" stated at some length the reasons that determined such action. "Prompt action." they said : "Of course, would justify the Confederate government in adopt- ing more expensive, effective and permanent measures for the de- fense of this State, especially its desolated frontier, than could be expected before a finality. In connection with the defense of Texas, the appearance of uncertainty as to its political position would em- barrass the pending arrangements for an alliance between the Con- federacy, as one party, and the Choctaw. Chickasaw. Creek and Cherokee nations, in concert, as the other party. Such hesitation on the part of Texas would tend to produce similar hesitation in Arizona and New Mexico as to their connection with the Confederacy. Such procrastination would ojjerate unfavorably on tlie neighboring gov- ernment and people of Mexico, as to desirable negotiations and inter- course. .\ny appearance of doubt that Texas was to be sustained by connection with the Confederacy would stimulate marauding and incendiary efforts, while it would be fuel for faction. During such suspense the po.stal arrangements of Texas would be embarrassed and retarded, and so as to the judiciary and revenue. Delay would ])rostrate trade and commerce. A. final connection with the Con- federacy, without delay, would give to it addition.il strength, and jiromote early success in its negotiations as lo jjeace with the old government — as to procurement of money — as to recognition by other nations — and as to commercial relations. Moreover, the prompt and permanent connection of Texas with the Confederacy could not fail to have a favorable influence on the border states, as induce- ment for them to abandon their eriuivocal positions and connect them selves with their more .Southern sisters and natural associations.'" The more important acts of the convention subsequent to union with the Confederacy are summarized in the "exposition" as follows: "Connection with the Confederacy caused a necessity for a change in the State constitution so that the oath of ofifice should have 'The Confederate States of America' substituted for 'The United States of America.' One ordinance made this change, and another pre- scribed the times and modes of taking the oath bv all present and ftitnrr officers of tlic .State, flcclarint: a vacanc\- in c.i^e of anv failure IIISTMKV OI' TEXAS ^^05 lu lake llu- oath as required. Ihc manner of reciuirenient followed the examples of other States, where wilhng officials were not cap- tious The lieutenant-governor, commissioner of general land ottice (who was opposed to secession), comptroller, state treasurer, attorney general, all of the supreme and district judges who were in Austin every memher of the State senate, every member of the house ot representatives, except one. and many county officers who were m \ustin promptly took the oath prescribed by the amended const, ^ tntion Of those who thus took the oath a considerable number hac opposed secession. Rut the governor and secretary of state declined to take the oath when notified according to the ordinance therefor, rhcreupoii the convention hx another ordinance declared as con- sequences that each office was vacant and that^the executive powers devolved on the lieutenant-governor." */' ' Having completed its labors about noon of the 25th March, the con- vention, in an orderly manner, adjourned sdw die. CHAPTER XXXI TEXAS IN THE WAR Texas was not prepared for war. The people did not want war. How- ever, they believed in the right of secession ; and they denounced coercion in the strongest terms. The legislature on l-'ebruary 1 passed a joint resolution in which it assured the states of the South that Texas would "make coinnion cause with them in resisting, by all means and to the last extremity such unconstitutional violence and tyrannical usurpation of power." It was to forestall coercion that the committee on public safety adopted prompt and energetic measures to rid Texas of the presence of the Federal soldiers before the ordinance of secession was voted upon. The ease with which this object was accomplished induced, perhaps, both the convention and the legislature to maintain a rather complacent view of the situation. In its "exposition" of the acts and motives of the convention the committee said : "It has not been deemed necessary to speak particularly of the question of peace or war. The Convention acted with a view to either alternative." As a matter of fact the convention did every little that can be credited to anticipation of war. It sent commissioners to the Choctaw, Chickasaw. Creek and Cherokee nations to bring them into an alliance with the Con- federacy and provided for raising a regiment of one thousand moimted men to be enlisted for twelve months to protect the frontier. It despatched an agent to purchase one thousand Colt's revolvers and one thousand Morse rifles, notwithstanding requests for arms from volunteer com- panies and the experience of the coimnittee on jniblic safety showed clearly that a much larger number was needed. The arms obtained from the United States arsenal at San .Vntonin numbered ten thousand, but did not make up the deficiency. The Legislature continued in session until .\\n-\l 9tli, adjourning three days before Fort Sumter was fired upon. In a message on February 5. Governor Houston stated that on January 1^. 1861, there existed a defici- ency in the revenue of the state amounting to $817,827.10. "The amount due Rangers alone for services rendered up to this period amounts to $v3C)0.- 000." By April the deficit exceeded a million dollars. A law was passed providing for the organization of companies of forty men each to pro- tect the frontier, and $75,000 was appropriated for the frontier regiment created by the convention. The sum of $225,000 was appropriated to pay the expenses incurred in frontier defense during 1860. Two loans were authorized : a twelve months loan of $90,000, to pay the loan made by the committee on public safety, and a loan nf .$100,000, payable in sixteen years, to provide funds with which to wipe out the existing deficit. Every effort to negotiate these loans failed. Nothing was done to put the state in a proper condition for war. Governor Clark in his message of November 1, 1861, said in regard to this matter: "The previous legislature did not have a full appreciation of the greatness of the conflict upon the threshold of which we then stood. 406 HISTORY OF TEXAS 407 We could all see the majestic and triumphant Confederacy of States down the vista of the non-distant future, but all did not realize a sense of the trial and struggle through which we were to pass. Hence it was ihal the honorable body to which I allude made no provision for the contest into which we are now plunged, and those things which have l)een accomplished have been done to a great extent without the sanction of positive legislation, and upon the responsibility of the Executive." It will be noted that Governor Clark did not convene the legislature in extra session to aid him. News of the attack upon Fort Sumter reached Austin April 17th. To the non-partisan these tidings were awe inspiring. War in any case is a calamity, but war between people of the same blood is abhorrent to all liic instincts of our nature. On the other hand, there were those who brought forth cannon and made the hills surrounding the capital city ring with the echoes that to their minds were to usher in a new era. Governor Clark at once adopted every measure at his command to place the state in a condition for defense. He appointed an adjutant general to have charge of the organization, equipment, and instruction of volun- teer companies in every county of the state. The Federal soldiers, who had been stationed in Texas, were encamped near Indianola; it was reported that they would not be withdrawn but would maintain a foot iiold on the coast of Texas. The adjutant-general was instructed to cause their embarcation. Lieut-Col. John R. Baylor proceeded to occupy the posts west of San Antonio on the Rio Grande as far as the Messilla X'alley in New Mexico; he took a large number of prisoners, who were l>aroled. Col. Wm. C. Young raised a cavalry regiment for the pro- tection of the Texas frontier along Red River. He captured Forts ,\rbuckle, Washita and Cobb, compelling the Federals to withdraw into Kansas, and secured the friendship of the Choctaws and Chickasaws. The Governor caused to be secured for the state all the ammunition that was carried in stock by the merchants ; but the quantity was small. He al.so caused the chief justices of the counties to make inquiry con cerning the number of arms in the possession of private individuals. The result showed about forty thou.sand guns of everv description in private hands. He gathered information in regard to the number of able-bodied men in the state, and concluded that there were "more than one hundred thousand." Brigadier-generals were appointed in the thirty- two districts of the state and required to organize the militia. "No [tracticable means," said he, "have been left untried to form into com- panies all the able bodied men of Texas. The people have been appealed tn directly by the Executive and by many individuals appointed by him for that purpose to organize into companies of some character, get the best arms they could obtain and inform the authorities of the state of their localities and condition." Being successful in ridding its own territorv of the enemy, Texas contributed with unstinted hand to the support of the Confederacy. On April 17th, Governor Clark received a requisition from the .Secre- tary of War for three thousand men and on the 24th a requisition for ;in additional five thousand. Altliotigh tbe-.e troojis were to he infantry— 408 I11ST( )R^ ()!•■ TKXAS a branch of the service most Texans thoroughly disHked — the call re- ceived a prompt response. Early in July, the Governor was called on for twenty companies to be sent to Virginia, to serve during the war. Thirty- two companies responded. They became famous as Hood's Texas Brigade. "One of the highest encomiums that can be bestowed upon the soldiers of that brigade." said O. M. Roberts, "is the fact that of the ofticers who commanded them in battle five were made brigadier-generals, two were made major-generals, and one a lieutenant-general." In reviewing the situation. Governor Clark in his message Noveiiil)tr 1, 1861, .said: "Not regarding all the difficulties which have impeded the action of the state, and looking only to those results which have been at- tained by the spontaneous action of the people we have reason for congratulation upon the past and for additional self-reliance in the future. Twenty thousand Texans are now battling for the rights of our new-born gigantic government. They are waiting to win fresh laurels in heroic Old Virginia. They are ready to aid in lifting the yoke from Kentucky's prostrate neck and are marshalled in defense of the sovereignty of Missouri. They have covered with a brilliant glory the plains of New Mexico and are formed in a cordon of safety aroimd the border of our own great state. If such positive results have sprung from the spontaneous action of the people, what may we hope will not be accomplished when the entire latent forces of the state are shaped into system and efficiency." * * * An election for governor would be held in August, 1861. An effort was made to hold a state convention at Dallas in May, but so few coun- ties sent delegates that no nominations were made. Governor Clark, F. R. Lubbock, former lieutenant-governor, and T. J. Chambers, chair- man of the committee that drew up the ordinance of secession, were candidates. "I wished to be the executive head of Texas," sad Lub- bock, "that 1 might support the Confederacy and assist in the vigorous ])rosecution of the war." This was the main question before the people ; each of the candidates was a supporter of the Confederacy. The result was a very close vote; Lubbock received 21,854 votes. Clark 21,730, and Chamber.s' 13,759. Francis Richard Lubbock has been called the war governor of Texas. He had been an ardent advocate of secession. As soon as he was assured of his election he proceeded to Richmond to confer with the president in order that he might better inform himself how as governor he could strengthen the power and insure the success of the Confederacy. He never wavered in his opinion of Davis and believed that he "was pre- eminently fitted for the high position to which he had been elevated." Governor Lubbock's term extended over the critical period of the war. During 1862 and 1863 the contest expanded with extraordinary rapid- ity and assumed enormous proportions. To have a man in the executive chair in so important a state as Texas, who was in hearty sympathy with the Confederate authorities, was of great importance. In view of the large disparity in the numerical strength of the contending parties, he recognized the fact early that success depended on quick and decisive action. He urged the enlistment of every man capable of rendering IIISI'ORV OF 'IKXAS 40O military service. 1- his .nossage to the extra session of the legislature, ^^r...y^J^^j:^o^^, had furnished to the Confederate militm service thirtv-three regiments, thirteen battahons. two squad- r^7ixde ached companies and one legion of twelve companies o cava In' n ne een regiments, two battalions, one detached company ' nd or^ egion of two^battalions of infantry, and ot.e -SHm-nt attd uelve light batteries of artillery, thirty regmients. o which ( twentv- Z-)Sy and nine infantry) have been organued since the requ - s on of February 3, 1862, for fifteen regiments, being the ciuota re- uir d of fSas to make her quota equal to the quota trom the other ttes making 62,000 men. which -^^h the state troops m service viz.. 6.300 men. form an aggregate of 68,500 Texans in mm arv 'ervice constituting an excess of 4.773 more than her highest popular vot;. which was 63.727. From the best information within reTch of thi Department, upon which to base an es imate of men now remaining in the state between the f - « V^^^ ,;""' sixty years, it is thought that the number will not exceed 2/000. In his"creneral message to the tenth legislature November, 1863. th. ..oy rno'recapitulated the figures just quoted, and then contmued . "Since that time there have been added one brigade and .several resim^ms t eVonfederate forces, and several light batteries, which wiA the state troops now mustered into Confederate service have :^^e led the ^tal m niber of Texas troops who have taken the he < o about QO.OOO men. exceeding the highest popular vote ever cast b nan thousands In addition to this roll so glorious to Texas, I an OKI t ay that mmu.e companies, composed of those not habk 'under the present laws to military duty, are daily forming with the determination to defend the state to the last extremity. Texas was permitted to contribute such large numbers of soldiers for ,he pro'ction S sister states on account of its favorable position, that ,nadedift^cult an invasion by a large Federal army: y , r.rv\ ••On our western frontier and on the north fronting Indian 1 erri- tory there were no means of supplying a large army for a considerable di a ie b for- reaching well-iettled portions of the state, and upon ou Gulf coast the sand bars at the entrance of our ports were a nrotection against the entry .^f large vessels or gunboats. If wa. es el °hoikl force an entrance to our port.s, there were no large h"r nor ong railroads that would enable the enemy to penetra e ; [ntiLr of'the country. Texas, therefore, "-'^.^[l «" ^ "cht'ion'; tary forces as could furnish protection again.st Indian depredations, and expel from our ports any portion of the enemy that might force an entrance into them."* , There existed on the frontier of Texas xylial practically amounu. ,o an Indian war when the .slate seceded. The United States roops had not been successful in putting an end to it. Texas had spen large sums id 1 se her bor the sale of pruducls luainilacluicci at iIk- pciiiuiiliary. and fourU'cn per cent, from miscellaneous sources. The ad valorem rate of the state tax was one-half of one per cent, in 1863 and 1864. but the arrearages of this ta.\ were large. The innovations in taxation were a tax on occupations on the basis of gross receipts and a tax on salaries and prt)fessional incomes. The laws levying these taxes were laxly drawn, were evaded and except during the last year of th<- war produced little. Taxes collected in the state on account of the Confederate government amounted to $26,904 in specie and $37,459,- 950 in Confederate notes. Confederate and state taxation together. 1 here fore, constituted a heavy burden. "On October 30, 1865, the public debt |of Texas] was estimated at $7,989,897. Of this amount $981,140 was funded, $2,208,047 was in the form of outstanding treasurv warrants and cotton certificates. $1,455,914 was due the school and other special funds for loans and for evidences of state debt held by them, $3,150,000 was estimated as due to soldiers and for supplies, and the balance was miscellaneous. The cash balance at the close of the war was $3,3r)8,510, but of this amount only $15,397 was specie. The remainder was valueless Con- federate notes and state pajier. In addition to the above balance there was in the hands of the Militarv Board $129,975 in L'nited States bonds and interest coupons."* In this brief survey of the history of Texas during the war little need be said of the military operations within its borders. There were a number of minor engagements and a few brilliant fights like the re- capture of Galveston and the defen.se of Sabine Pass. But Texas lay i>utside of the path of the teritfic storm that laid waste her sister states \\ hile it was necessary to keep sufficient troo])s at home to meet any emergency, the enem\' never a|)peared in great numbers and no decisive battles were fought. "Yet those who euflured the privations of the camp and tlie march, without being in battle, rendered good .service by being ])art of the state guard, armed and ec|ui])j)ed, and ready to resist any aggression of the enemy. Such readiness, with the forCe at command, securefl our protection."! "In taking a survey of the o]>erations of tlie Texas troojjs in the numerous battles in which thev engaged in Louisiana, Mississi])pi, Arkansas, Mis.souri, Kentucky, Tennessee and N'irginia, the large muuber of ]ironiotions for meritorious conduct in them will attract attention as a remarkable result. Major John Henry Brown, who was an officer in the arm\' from nearlv the first to the last * * * reported that of Texans in the army, one became a general, AlixTl .Sidney Johnston, the highest rank : one a lieutenant-general. John 1!. Hood; three major-generals. .Samuel I!. Maxey, John .\, Wharton and Thomas (ireen: thirty-two brigadier-generals, ninety-seven colonels and fifteen commanders of battalions. Nearly all of those officers attained the ranks nieiilioiied from lower r:inks by their valor in battle. •E. T. Miller, in "The .South in tin- HuildiiiH of the Nation," W .S.iS-.W. tR'ilurts, in "Confederate Militnrv Mi-itory " XI, 6S. 414 HISTORY OF TEXAS "The ofticers are representatives of the soldiers commanded by them, who are too numerous to be sej^arately named in the history of a great war. What, then, is to be said generally of the Texas soldiers? It is not proper to state that they have been more distin- guished in battles than their brother soldiers of the other states. It is enough to assert that they have stood equal to the most distin- guished in every battle where they fired a gun or made a charge. A common spirit of chivalric valor inspired them as soldiers of Texas * * * Whoever led them in two or three hard fought battles secured promotion, so that the advancement of their com- manders was a public compliment to the Texas soldiers' prowess in arms."* Although secession carried by a large majority in Te.xas, there were many who favored ttie Union — some of them men of great influence like Sam Houston, E. ^L Pease. John Hancock, .'\. J. Hamilton, J. W. Throckmorton and E. J. Davis. When war was declared most of the Union men voluntarily gave their allegiance to Texas. Those who wav- ered were either coerced or obliged to leave the state. Those who at- tempted to remain, with some exceptions, were exposed to the malice of their enemies, and some who attempted to emigrate were waylaid and slain. "The official records * * * ^how that there were 1,920. claiming to be from Texas, enrolled in the Federal army during the war. They constituted two regiments, whose service was confined to Louisiana. Of one Edmund J, Davis was colonel ; of the other John L. Haynes was colonel. They were organized at or near ]\Iatamoras * * * proceeded bv water to New Orleans, and thence to the army of Louisiana. On several occasions they met the Texas Con- federates in battle, and there is abundant evidence that they were good soldiers. Colonel Davis was promoted to brigadier-general. "f Within six weeks after the surrender of General Lee, Texas and those ])arts of the adjoim'ng states which had successfully resisted in- vasion throughout the war. "presented a scene of universal disorder and confusion * * * ,-ind that, too, without the advance of a single Federal soldier." Soldiers who had given proof of their obedience and courage during the hardships and privations of several winters in camp and on numerous battlefields, now refused to heed the patriotic appeals as well as the orders of their officers. Seeing that success for the cause in which they had enlisted was utterly hopeless, they lost their fighting s]:)irit, became difficult to manage, and were no longer dependable. Having received no pay for months they demanded a divi- sion of the Confederate propertv before setting out for their homes. Confusion ensued. Confederate property was seized wherever found, and stale propertv in some instances was also taken. The country swarmed with men out of funds and out of employment. The civil au- thorities were helpless to deal with the situation that confronted them. Lawlessness began to increase, for jayhawkers, guerillas and highway- ♦Roberts. Ibid.. 142. 144-45. fBrown, "llivtory of Texas," TI. 441-42. HISTORY OF TEXAS 415 nun usfd the opportunity to gratify tlu-ir desires. An attempt to roij the penitentiary at Hnntsville was made, and the State Treasury at Austin was looted. One June 2 General IC. Kirhy .Smith went on board a war ship at (ja) veston and formally signed the terms of the surrender of the Tran; Mississi])pi Department. With this act the last vestige of Confederat- military authority vanished. "Wild rumors were afloat (jf dire punishments to be inflicted upon prominent rebels by the victorious Yankees. Trials for treason i)cfore military commissions and wholesale confiscation of property were to be expected. A sort of panic seized upon many of those who had held office under the Confederacy. Others declared they could not live under the odious rule of their enemies and prepared to emigrate. A lively exodus to Mexico ensued. Among those to go were the highest officials in the state. Generals Smith and Magruder and Governors Clark and MmTah."* *C. VV. Ranisdcll. in Tr.vas lllslorical Quarterly, XI. 209-10. CHAPTER XXXII RECONSTRUCTION* The exodus of the i)rincipal State and Confederate officials in May 1865 left Texas without a government. Several weeks ela])sed before Federal troops arrived. This interregnum did not improve conditions. General Sheridan was appointed to command the Military Division of the Southwe.st with headquarters at New Orleans. On June 10 he ordered (jen. Gordon Granger with eighteen hundred men to Galveston. The troops were detailed to occupy various points on the coast and in the interior, but their number was far from sufficient to give protection to the frontier or to restore order out of the general confusion that existed. Im- mediately after arriving at Galveston, General Granger, on June 19, by proclamation declared the slaves to be free, all laws enacted since seces- sion to be illegal, called upon all Confederate officers and soldiers to repair to certain points to be paroled, and instructed all who had in their possession State or Confederate property to turn it over to officers of the United States. On May 29 President Johnson issued a proclamation granting am- nesty, with certain exceptions, to persons who had been engaged in the war, on condition of their taking a prescribed oath, and on June 17 he appointed .'\. J. Hamilton provisional governor of Texas. Hamilton was a native of Alabama who had emigrated to Texas in 1847 and had occu- pied several high offices before the war. A staunch Union man, he was obliged to abandon Texas in 1862. His appointment was acceptable to Union men, but was received with misgivings by .some of the Con- federates. He had instructions at the earliest practicable period to pre- scribe rules and regulations for holding a convention, and to assist in the restoration of civil government, and the reestablishment of the con- stitutional relations between the state and the nation. Governor Hamilton landed at Galveston in July. In a proclama- tion issued at that place on the 25th, he outlined his policy and invited loyal men from every part of the state to visit him at the capital and confer with him upon the condition of the state. Deputations from many counties responded, and the governor as rapidly as possible filled all vacancies in county, district and state offices by provisional appoint- ments. The courts were directed to proceed under the laws existing [)rior to 1861. except tho.se relating to negroes. There, were some com- plaints from loyalists, but in general the governor's [)olicv was sat- isfactory to the people. On August 19 he issued a proclamation jirn viding for the registration of voters. The oath of amnesty was to be administered to all who applied, both to those who sought registration as voters and to those, who being within the exceptions to the general amnesty, took it as a preliminary step toward special pardon. Separate rolls were to be kept of those two classes. Registration progressed verv slowly. ♦This chapter is based upon Dr. Charles W. Ramsdcll '^ cxcelleiif volunu hi "RecniTitnirtinn in Texas." 416 HISTORY OF TEXAS 417 With the restoration of peace came the return of the Union refugees. Some of them were very bitter toward the Confederates. They made no secret of their opinions that no one should hold office except Union men, and associations were formed to promote their plans. They as- serted that if the Confederates were given a share in the government it would not be long before they would control it. Texas was a frontier State ; even during times of peace the general order suffered through the presence of many turbulent characters. The confusion following the break up of the war afforded an opportunity for these lawless in- dividuals to rob and murder. Confederates, Union men and negroes suffered indiscriminately, yet for political reasons these acts in numerous instances were attributed to the spirit of disloyalty of the Confederates and furnished the political thunder for the radicals in Congress, who opposed the president's policy of reconstruction. On November 15 Governor Hamilton ordered an election of delegates for January 8, 1866, to a convention to meet at Austin on February 7th. The number and distribution of the delegates corresponded to that of the house of representatives in 1860. The campaign that followed aroused little interest, although there was some discussion of the subjects to come before the convention. The vote was light, and not till after the con- vention assembled was it possible to ascertain the character of its compon- ent elements. There were Unionists like I. A. Paschal, E. Degener. John Hancock, J. W. Throckmorton, E. J. Davis and J. W. Flanagan, former secessionists like O. M. Roberts, H. R. Runnels. John Ireland, D. C. (bid- dings, J. W. Henderson and T. N. Waul, and enough conservatives to hold the balance of power. Throckmorton was selected president of the con- vention. He was an original Union man, but had served the Confederacy on the Indian frontier of Texas. In his address to the convention upon accepting the presidency he said : "Let us by our action strengthen the hands of the executive of the nation, and by a ready and willing compliance with his sug- gestions show our national brethren that we are in good faith dis- posed to renew our allegiance to the general government." These sentiments were shared by the great body of the people of Texas. Governor Hamilton sent a message to the convention in which he briefly outlined the work before it and expressed the hope that the mistakes made by the conventions of some of the other Southern states would be avoided. It would be necessary to make such changes in the constitution of Texas as would make it conform in spirit and in principle to the actual changes wrought by the war. First, the convention should make a clear and specific denial of the right of secession. Second, it should signify its acquiescence in the abolition of slavery. Third, the debt incurred in sujiport of the war should be repudiated. Finally, it would be necessary to determine the civil and political status of the freedmen. He said that he did not believe that the mass of freedmen were qualified by their intelligence to vote, yet he deemed it wise to reg- ulate the qualifications of all who are to become voters hereafter bv rules of universal application ; for any system of laws intended to deprive freedmen of the actual fruits of liberty would meet with the resist;ince of congress. Governor Hamilton's residence in the North until the VOL. 1—27 418 HISTORY OF TEXAS close of the war had enabled him better to understand the determination of the Northern people in regard to what political and civil rights should be granted the negro than did the members of the convention or the people of the state, as subsequent events illustrated. A vigorous contest resulted over the adoption of an ordinance deal- ing with the right of secession. The Union men were determined to declare the act of secession "null and void, ab initio." The ex-Con- federates with equal determination opposed a measure that would brand them as traitors. They were joined by a sufficient number of conserv- atives to pass an ordinance which declared the act of secession null and void without direct reference to its initial status, and distinctly re- nounced the right previously claimed by Texas to secede from the Union. The radical Union men declared that such a measure would never satisfy the North, and for a time threatened to withdraw from the convention. The question of the public debt also presented difficulties. There was no hesitation in repudiating the war debt, but the ordinance adopted repudiated also the entire civil debt incurred between January 28, 1861, and August 5. 1865. Some of the newspapers bitterly denounced the repudiation of the civil debt, pointing out that the debt had been incurred for purely civil service and defence of the Indian frontier, that it was not demanded by the Federal government and that the other states of the South that had suffered worse during the war than had Texas had not resorted to such extremes. The most important subject before the convention, however, was the legislation dealing with the negro. There was practical unanimity in re- gard to the abolition of slavery. It was agreed that the negro should be secure in person and property. There was considerable debate over the question of negro testimony in the courts. They were at once placed on an equalitj' with whites in cases where the crime was against the property or person of one of their own race, and the legislature was authorized to regulate their testimony in other cases. The idea of negro suffrage found little favor on any side. Governor Hamilton's recom- mendations upon this subject were not followed. The convention declared valid all laws and parts of laws passed since February 1, 1861, w-hich were not in conflict with the constitution and law-s of the United States, or those of Texas in effect prior to that date. All acts of the secession convention were annulled. The acts of the provisional government were declared valid. The constitution of 1845, as in force on the 28th of January. 1861, was amended by lengthen- ing the terms of most state officers to four years and increasing their salaries. .Some changes were made in the form and jurisdiction of the courts with a view to greater efficiency. The governor v^-as requested to petition the president for more adequate frontier protection, .^n ordi- nance relating to the division of Texas also passed. During the session of the convention two parties, radical and con- servative, had gradually formed. The acts of the convention were looked upon as being chiefly the work of the conservatives, and were conse- quently attacked by the radical newspapers. Before the convention adjourned each party began to prepare for the election in June. Caucuses were held and candidates nominated. The radicals chose E. M. Pease HISTORY OF TEXAS 419 as their standard bearer and published a phitforni in which they called upon all men who love the Union "without respect to past differences" to unite in the following declaration of principles : That the act of secession was null and void ab initio; that no part of the Confederate war debt be paid, but the debt of the United States should be paid in full : that they have full confidence in the president and congress ; and that they were ready to accord the negro all rights and privileges that were then or might thereafter be secured them by law. They feared thac there were still many in Texas "who propose to pursue such a course in the future as will justify what has been done in the past." The "conservative Union men" of the state selected J. W. Throck- morton for their candidate, and gave expression to their views in a letter tendering him their support : it was opposition to the radicalism of the day ; opposition to negro suffrage and the hasty elevation of the freed- men to political eqtiality ; faith in the people of Texas, their loyalty to the general government and their endorsement of President Johnson and his policy of restoration. Attention was called to "the radical branch of the Republican party of the North who closed the door of Congress against Southern representatives, who have declared their in- tention to reduce us to a condition of territorial vassalage and to place us below the level of those who were once our slaves," and it was asserted that this party had adherents in Texas w^ho were "determined to aid and abet Stevens, Sumner and Phillips in their opposition to the policy of the president, in their raids against constitutional liberty." From the outset the campaign was bitter. It aroused the people from the general apathetic condition into which they had fallen. The con.servatives defended the acts of the convention and supported the policy of President Johnson. The radicals asserted that their opponents were seeking to obtain control of the state government and to work themselves once more into control of the national government in order thus to perpetuate the principles overthrown in the recent war. Denottnc- ing the president's policy, they put themselves secretly into communi- cation with the radicals in congress and urged prolonging the period of provisional government. They were overwhelmingly defeated : Throck- morton received 49,277 votes and Pease 12.168. The eleventh legislature assembled .\ugust (rth. Throckmorton was inaugurated on the 9th. The military in the state received orders to render the same aid to the newly installed authorities as had been afforded to the provisional government. And on August 20th President Johnson issued a proclamation declaring that the insurrection in Texas was at an end, and that peace, order, tranquillity and civil authority existed throughout the whole of the United States. The joint resolutions of congress proposing the 13th and 14th amend- ments to the constitution were submitted to the legislature. .Since the former had already been adopted by the number of states required tc make it law, and since the convention of Texas had acknowledged the supremacy of the constitution, action upon it was deemed imnecessary. As regards the 14th amendment. Governor Throckmorton expressed his unqualified disapproval of it and recommended its rejectimi. It was rejected. 420 HISTORY OF TEXAS The most important legislation to be enacted was that deahng with freedmen and labor. Laws were passed on the subjects of apprentice- ship, vagrancy, labor contracts and the enticing away of laborers ; and although no apparent distinction was made in their application as to whites and blacks, it is clear enough that they were intended solely for the regulation of negroes and negro labor. Texas had now passed through a second crop season, and despite the eiTorts of the Freedmen's Bureau to keep the negroes at work, great losses were sustained because the negroes would not work or quit their employers when they were most needed. The freedmen were granted all rights not prohibited by the constitution, except intermarriage with whites, voting, holding pub- lic office, serving on juries, and testifying in cases in which negroes were not concerned. One of the first acts of the legislature was to elect O. i\I. Roberts and David G. Burnet United States senators, and to provide for the election of congressmen. When the senators and congressmen from Texas arrived at W^ashington, they found Hamilton, Pease and other radicals in conference with the opponents of the president in congress and working to defeat the recognition of the new state government. The Texas delegates were denied their seats. On January 10, 1867, they issued an "Address to the Congress and People of the United States" which forms one of the notable documents of that period. In it they set forth with great clearness the arbitrary and unwarranted action of congress in excluding the representatives of Texas. The per- fidy involved in the plan of the radicals for setting aside the state gov- ernments in the South was exposed and pointed out to be more revolu- tionary in principle and more dangerous to republican government than secession itself. The administration of Governor Throckmorton was hampered on all sides by the open hostility of the radicals, the suspicion of the mili- tary officials and the thinly veiled antagonism of the old secession wing of his own party. He showed his character as a man and ability as an officer by accomplishing a large measure of success, by pursuing a stead- fast policy toward restoring order, inculcating respect for law, and thus eliminating interference on the part of the military. Thus far the radicals in Texas had failed to establish their ascend- ancy. The radicals in congress, on the other hand, were successful in the fall elections of 1866. Their influence was soon to be felt in the South. The work of reconstruction, which had been completed in each of the Southern States in accordance with the President's plan, was set aside, because "adequate protection for life or property" did not exist. A new and more • drastic plan was prepared by congress and embodied in the acts of March 2 and 2,5, 1867. The first act divided the South into military districts; Texas and Louisana formed the fifth. The military commander in charge of each district was clothed with almost dictatorial power. The existing state governments were made provisional only. The right to vote should be governed by the provi- sions of the 14th amendment which had not yet been adopted. The second act directed that the military commander of each district should cause a registration to be made of the qualified voters in each county. HISTORY OF TEXAS 421 and that each person so registering should take an oath that he was not disqualified hy law. At some subsequent date to be designated bv the military commander the voters should vote for or against holding a convention and to choose delegates to the same. This convention should meet at a place and time fixed by the military commander and its acts were to be submitted to the people for ratification. If ratified and approved by congress, the state should be declared entitled to rep- resentation. These acts were passed at a time when the organization of the state government was as complete as it ever was before the war, in full harmony with the constitution and laws of the United States, and commanding the respect, confidence and obedience of the grea' bod\- of people. The laws of the United States were being executpd within the limits of Texas without hindrance or resistance from ihe people or state authorities. The Federal army was on the frontier for protection ; the Federal judiciary was performing its functions ; the United States mails were being carried all over the state ; the navy was protecting Texan commerce : the ofificers of customs and internal reve- nue were doing their duty ; and the people were paying taxes as in other states. (Address to the Congress and People of the United States.) What were the motives for such extraordinary legislation? "The purpose and efifect of these two acts was to paralyze the stale governments that had been restored since the war, to place the whole South under potential martial law, to disfranchise the leading whites, and to enfranchise the blacks. It was expected by the framers and advocates of these measures that the negroes and their white radical friends would cnntm] the states, thereby ensuring 'loyal' governments." While the people of the South acknowledged their defeat in a military sense, they could not consent to submit without a contest to this effort of Northern radicals to control them in a political sense. To them it was a challenge to fight, and for the next six or seven years there was waged a political war in Texas which for bitterness has never been excelled. On March 19, General Sheridan was made commander of the Fifth Military District with headquarters at New Orleans, and General Charles Griffin was made commander of the District of Texas, with headquarters at Galveston. Both these men approached their task with the prejudices of the radicals ; .Sheridan entertained a hearty dislike for the people of Texas. Only a high sense of duty restrained Governor Throckmorton from resigning at once after such a radical change in the policy to be carried out in Texas. He struggled on manfully in an effort to administer the government in the interest of the ])eoi)le of Texas and to the satisfaction of the military; but the undertaking was foredoomed to failure. As early as March 28th General Griffin wrote to Sheridan that none of the civil ofificers of Texas could be trusted, that they submitted to the laws because they could not do otherwise, that secretly they regarded them oppressive and unjust and therefore fa- vored carrying them out in the spirit and not the letter. He charged that the governor had allowed outrages upon loyal whites and blacks to go unpunished, and advised that his removal was absolutely necessary. On April ISlh General Griffin issued an order in regard to the quali- 422 HISTORY OF TEXAS fications of jurors in civil courts which practically disqualified every white man, and thus suspended the operation of these courts. The order was justified by General Griffin as being "an attempt to open the courts of Texas to loyal jurors for the protection of all good citizens." For the registration of voters the state was divided into fifteen districts, comprising from six to eleven counties each ; and over each district were placed two supervisors. In each sub-district, usually a county, was a board of three registrars. Negroes as well as whites were appointed on these boards. The negroes were eager to register, while the white conservatives rather held back. The indications were that the radicals and negroes would easily command a majority. The governor and the conservative press urged upon all white voters their duty to register. The provision for the registration of negroes as voters was the signal for active organization in the radical camp for the purpose of bringing the freedmen into line and teaching them their duties and obligations to the party that had done so much for them. Union Leagues were formed wherever there were negroes to vote and "loyalists" to lead them. On July 4, 1867, a convention of "the loyal men of Texas, with- out distinction of race or color," met at Houston and declared that they "recognized the National Republican Party as the means under Provi- dence of saving our country and government from the calamity of suc- cessful rebellion." and that they would now take their place in its ranks. They declared their hearty support of the reconstruction acts of March 2d and 23d ; thanked Generals Sheridan and Griffin for extending pro- tection to the lives and property of the people of Texas ; declared that they were not inclined "to conciliate the enemies of the national govern- ment," and expressed it as their opinion that "the continuance in the civil offices of the state of those who actively participated in the late rebellion, and who are hostile to the reconstruction acts passed by congress, * * * constituted an impediment to the execution of those acts in their true spirit and intent." On July 19, congress passed an act clothing the military commanders with full power to remove and appoint at will. On July .^0 Sheridan issued an order removing Governor Throckmorton, alleging that he was an "impediment to the reconstruction" of Texas. Seemingly the radicals or Republicans had now succeeded in remov- ing the last obstacle to their plans in Texas. E. M. Pease, who was chairman of the recent convention at Houston, was appointed governor. Changes in the other state officials and in the district and county of- ficers followed. The prime consideration apjieared to be to get men who were heartily in sympathy with the reconstruction acts of congress. It was very fortunate for Texas that E. M. Pease was appointed governor at this crisis. He had been a resident of the state since 1835, served two terms as governor, and was a man of strong character and unquestioned honesty. He possessed the confidence of the command- ing general, was supported by many of the more conservative of the Republicans, and was careful in his recommendations for office. He followed the course of Governor Hamilton in assuming that all state laws not in contravention of the constitution and laws of the United States, and not specificallv annulled by the military commander, were HISTORY OF TEXAS 423 in force. The ultra-radicals, whu had chanipioiied the ab initio view of secession, took exception to this view and under the leadership of M. C. Hamilton appealed to the military commander to sustain their contention. General Mower, who had succeeded Sheridan, however, supported the view of Cjovernor Pease, and the latter was ably seconded by A. J. Hamilton, associate justice of the state supreme court. A more important check to radical rule was the removal of Cieneral Sheridan and the appointment of Gen. W. S. Hancock. Hancock was a Democrat, a warm supporter of the President and thoroughly disliked the ])rogram of the radicals. He believed that the white people of the South should carry through the process of reconstruction with as little interference on the part of the military as possible, and felt confident that the civil authorities were competent to deal with the sit- uation. On November 29, 1867, he embodied these views in "General Order No. 40." In eiTect this order was a recognition of the exist- ence of "adequate protection for life and property." Fearing the with- drawal of military .support, and knowing that it would mean the defeat of their plans, the radicals charged that the course of the commander tended to the increase of crime and a manifestation of hostile feeling toward the government. General Hancock demanded proof of these assertions, and showed up the purely factional character of the charge. But this did not disqualify the general as an object of violent denunciation, and there was no way for him to challenge the misstatements of the radical press either in Texas or in the North. The conservative leaders requested General Hancock to set aside the registration in Texas because of alleged errors of the board of reg- istrars. This he refused, nor did he order any change in the boards, but he did set aside the interpretation given by General Sheridan to the disqualifving clauses of the reconstruction acts and directed the boards to be governed by the laws alone. On December 18 he ordered an election to be held at each county seat. February 10 to 14, 1868, to determine whether a constitutional convention should be held and to select delegates to the same ; and in accordance with the law he also ordered that the registry lists should be reopened and revised during the last five days of January. Voters who had neglected to register in the previous summer were thus given a last ojijiortunity to do so. The total registration aggregated 109,1.^0: the number of whites ai)])roximated very closely to the vote polled for Throckmorton and Pease in 1866; the number of negroes was excessive. The leaders of the conservatives were undecided as to the course their party should pursue. There was a general disposition among their followers not to vote, for unless a majoritv of the registered vote was cast no convention would be held. .^ conference was held at Houston, Januarv 20th. ' Resolutions were adopted which appealed to all who opposed the .Africanization of Texas to go to the polls and to vote against a convention and for delegates who o[)posed negro suffrage. In a public address it was pointed out that under the terms of the recon- struction acts the people had three chances to save them.selves and their children from African donn'nation ; first, by voting solidly against a convention ; second, by voting only for delegates who opposed negro 424 HISTORY OF TEXAS suffrage; and third, by rejecting the constitution if it embodied negro suffrage. Mihtary rule was much to be preferred to reconstruction that was conditioned upon negro suffrage. The resuh of the election showed an overwhelming victory for the radicals ; for the convention, 44,689 votes (7.757 whites, 36,932 blacks) ; against the convention; 11.440 votes (10,622 whites, 818 blacks). Almost half of the registered voters, 52,964 (41,234 whites, 11,730 blacks), failed to vote. The convention assembled at Austin on June 1, 1868. Of the ninety delegates only twelve were conservatives. The radicals had elected a number of their prominent men. Nearly all were bona fide residents of Texas ; only six or eight were of the true carpet-bag variety, and none of these became leaders. There were nine negro delegates. The general character of the convention was shown in the election of E. J. Davis as president by a vote of 45 to 33 over Judge C. Caldwell, a moderate. The purpose of the convention was similar to that of its predecessor in 1866. That body was in session fifty-five days and spent $70,000. It soon became apparent, however, that its lawful functions were by no means regarded as the most important duties of the present convention. The delegates endeavored to so shape affairs that the supremacy of the republican party would be ensured when readmission was accomplished. These motives colored many of its acts and lent importance to the dis- sentions that characterized the proceedings. Before it finally adjourned it had been in session five months and had spent $200,000. Among the first acts of the convention was the appointment of a committee to report on the conditions of lawlessness and violence in the state. A resolution was adopted requesting congress to allow the con- vention to organize a militia force in each county to act in conjunction with and under the direction of the military commander. Some of the conservatives protested against the resolution on the ground that the rumors of lawlessness were greatly exaggerated, that such a force was unnecessary and that its employment by "a political party would only tend to exasperate the public mind and in all probability have the effect to produce conflicts of races." The committee's report represented that lawlessness prevailed to an alarming extent in this state, and that its chief cause was discovered in "the hostility entertained by the ex-rebels toward loyal men of both races." The large proportion of negroes among the killed was pointed to as indisputable proof of this assertion. That the pernicious activity- of the Loyal League and the political war waged upon democrats were responsible for many of the excesses complained of was not indicated. Another committee was at once despatched to Washington to lay the report before congress and to urge the necessity- of filling all state provisional offices with loyal men, and the organiza- tion of a loyal militia to aid the loyal officers in the discharge of their duties. The Houston Telegraph so severely denounced the sinister objects of these proceedings that the convention requested the editor's arrest. Much time was wasted on the question of dividing the state. The radicals were particularly bent on accomplishinsf this measure, and finally secured the adoption of a resolution that provided for the election of six commissioners to urge the matter upon congress. .Although outvoted HISTORY OF TEXAS 425 on this question, ihe moderates carried tlieir opposition before congress also. These efforts to dismember Texas gave rise to a counter-move- ment which expressed itself in the organization of the Texas \'eterans' Association in May, 1873, to preserve the unity of Texas. A breach in the ranks of the delegates occurred early over the ah initio question. The radicals maintained that every ordinance, act, re.so- lution, etc., enacted since Texas seceded was null and void ab initio. The moderates refused to sub.scribe to so sweeping a statement and determined to except such acts, resolutions, etc., passed since secession, "which were not in violation of the constitution and laws of the United States, or in aid of the rebellion." Their views prevailed. This division of the re])ubiicans continued during the whole term of the convention, and since the radicals were usually in the minority it saved the people of Texas at the most critical period from the worst extremes of radicalism. In his message to the convention (jovernor Pease conceded the necessity of disfranchising a sufficient number of the secessionists to ensure the supremacy of loyal men. When the conven- tion reached this question. .\. J. Hamilton, leader of the moderates, set him.self squarely against all efforts to disfranchise Confederates further than was already done by the fourteenth amendment. Desjiite the efforts of the radicals to carry through their measures of ])roscription, they were defeated. In commenting on Tiovernor Hamilton's course ui)on this subject, the Houston Telegraiih, a Democratic newspaper, said : "If we reflect that he labored to give the ballot to those who had bitterly opposed him, that he placed himself in opposition to extreme members of his own party, * * * that he labored for a people who he believed had wronged him, * * * ^i^^j j^p clothed us with the ballot at the inmiinent risk of having it used against him- self, and that all jiassion and even jjroniise pointed out to him the opposite course as the one most for his interest, then indeed does he stand before us a patriot, firm, tried and true." Other provisions of the constitution increased salaries, and length- ened the governor's term of office to four years, that of senators to six years, of district judges to eight vears and of supreme court judges to nine years. The attorncv general was made an appointive office. The sessions of the legislature were made annual. .\n elaborate system of free schools was outlined and provision made for increasing the |)crnia- nent and available school funds. 'I'lie income from the permanent school fund, one-fourth of the state taxes and an annual jwU tax of $1, pro- vided for maintenance. To encotirage immigration a bureau of immi- gration was created. The first legislature to assemble after the adop- tion of the constitution was conim;inde(l to ratify the thirteenth and four- teenth amendments to the constitiuion of the United .States. The convention did a great deal of work that properly belonged to its successor — the legislature. "They have assumed to erect new comities ; on the faith of their action, court houses have been built ; thev have author- ized the levy and collection of taxes under which interests have grown up : they have chartered railways and immigration companies, in which large amounts of capital have been, or soon will be invested. In a hundred ways they have put under pledge tn s\ipport anv constitution they may VOL. I— 2S 426 HISTORY OF TEXAS ]>resent powerful interests." An election was ordered to he held early in July to vote on the constitution and to choose members of the legislature, state, district, and covmtv officers. The convention adjourned about February 8. 1869. The adjournment of the convention marked no cessation in the con- troversies Ijetween the two factions. The radicals confidently expected the commission, which had been sent to \\ashington to urge division of the state, not only to accomplish that object but also to recoup some of the reverses they had sustained in the convention. In their memorial to congress, therefore, the constitution was denounced as entirely too con- ciliatory toward the former rebels. The blame that it did so was heaped upon the moderates, who "did not in their actions come uji to that firm- ness for republican principles which their constituents had a right to expect." The moderates replied in a straightforward manner that their acts had been determined by a just regard for the best interests of Texas and that any other course would "produce only the bitter fruit of settled and implacable hate." Congress took no action in regard to these matters other than to pass an act authorizing the president to order an election at such time as he should deem proper for voting upon the constitution and electing officers thereunder. Certainty that the constitution would be submitted for ratification and state officers elected caused interest to center in the formation of state tickets. The democrats, profiting by their experience in 1866, de- cided to keep out of the race for state office, since their success might further delay the readmission of Texas. The moderate republicans placed .at the head of their ticket A. J. Hamilton, but were slow in filling the rest of the places. They were confronted by two rather perplexing questions : .should they join forces with the democrats, and should a state convention be held ? Fusion was rejected and the holding of a conven- tion abandoned on the ground that an attendance sufficiently large to make that body representative could not be obtained at that time. The radicals had met defeat so often that they were at the outset not re- garded as formidable opponents. Conditions, however, were soon to change, .\fter their defeat at home in 1866. they had found ready allies in congres.s and were given the upper hand by the reconstruction acts. Now, that they were threatened with defeat by the moderate republicans, they again turned to \\'ashington and their appeal was not in vain. The radicals called a convention of the republicans to meet at Galveston on Mav 10. The attendance was small and nothing was done. .Another convention, however, was called to meet at Houston on June 7. This convention also was poorly attended, but it proceeded to adopt a plat- form, choose candidates and perfect its i)arty organization. The plat- form differed little from the one adopted by their opponents in 1868, but was remarkable in that it showed a complete reversal of their own policy and principles by the radicals. The constitution which up to this time had been denounced by them on every occasion was now recom- mended for adoption. E. J, Davis headed the ticket as candidate for governor. HISTORY OF TEXAS 427 ■ Thecanipaig;n was characterized by hitter personalities. The moder- ates were charged with having sold out to the democrats, while the radicals were taunted with their recent conversion, charged with lack of political princii)Ic and stigmatized as a negro-supremacy and carpet-bag party. About this time General Reynolds was again assigned to com- mand the district of Texas. He showed an ambition to be elected United States senator, and ;i])|jroaclu'd the moderates to obtain pledges of their support. Hamilton not only repulsed him but denounced him openl\ . Reynolds then turned to the Davis supporters and several events of political importance occurred in quick succession. On July 7 the Davis republicans were recognized by the national republican executive com- mittee as the regular organization in Texas. On July 15 President Grant issued a proclamation fixing the date of the election in Texas on Novem- ber 30, thus granting a postponement for which the radicals had long been clamoring. Having been recognized as the regular republicans in Texas, the administration at Washington began to fill the federal offices with Davis men. General Reynolds pursued a like policy in displacing Hamilton men in state offices. These changes gave im|)idsi- tn the campaigns on both sides. Gov- ernor Pease resigned September 30 and used the weight of his influence for Hamilton. The radicals gave ])articular attention to the negro voters. On October 1 General Reynolds issued orders for revising the registra- tion lists and for holding the general election. In the appointment of registrars he selected principall\- Davis partisans, and when registration began many whclnma- 428 HISTORY OF TEXAS tion remitting all civil authority in the state "to the officers elected by the people." "Legally the reconstruction of Texas was now complete, .\fter nine years, tumultuous with political and social revolution, she was back again in the Union with her sister states. * * * free to work out the new problems that confronted her. The first of these was to endure as best she could the rule of a minority, the most ignorant and incapable of her population under the domination of reckless leaders, until time should overthrow it. Reconstruction had left the pyramid upon its apex ; it must be placed upon its base again."* *Ramsdell "Reconstruction in Texas." 292. CHAPTER XXXIII RADICAL RULE AND ITS OVERTHROW The conditions existing in Texas at the beginning of 1870 would have made it difficult for any administration to give general satisfaction. Reconstruction under the congressional plan had outraged the sense of right of the majority of the people of Texas, and had brought to ma- turity a harvest of political factions. Military rule and the enfranchise- ment of the negro gave the radicals of the republican party an artificial advantage, which had no basis in the will of the people. To the majority of Texans the readmission of this .state to the Union signified the return of peace, the cessation of military rule, the restoration of the govern- ment to the people and a return to simple democratic administration of the laws such as existed prior to the war. There was a general demand for the encouragement of railroads, factories, immigration and education. The heritage of military rule, however, was an administration which regarded these matters from an entirely different viewpoint. Governor Davis in his inaugural address reviewed the changes wrought by the war. It had taught us new lessons in government. The powers formerly exer- cised by the state had proved a menace to freedom of thought and speech. But now this had all been swept away, and. "while local self-government still remains, it is within the just hounds that there is a supervisory power over all, * * * which will temper state action. * * * 'Yh'is will prove the better government. * * * J,-, thj^ faith let us enter upon the great work before us of reorganization." Edmund J. Davis was born at St. Augustine, Florida, October 2, 1827. He settled in Texas about 1848, served as deputy collector of customs on the Rio Grande from 1850 to 1852, as district attorney in 1853 and as district judge from 1855 to 1860. His course during the war has already been outlined. He was a delegate to both reconstruc- tion conventions, and was elected president of the second in 18('>8. He was a Southerner and a Texan ; he was experienced in public affairs ; he was brave and fearless according to his convictions ; his honesty and integrity were not questioned, although he was the head and front of an admin- istration which has not been able to clear itself of the taint of dis- honesty and corruption. "He was a political martinet; strong in his prejudices and almost remorseless in carrying out his purposes ; blind alike to the good qualities of his enemies anfl to the bad cjualities of his friends." Very early in his term he lost the confidence and support of the conservatives through the radical measures that he advocated. He became the object of criticism not only for his own acts but also those of his appointees. At the first op])i)rtunity to obtain a popular expres- sion, he was defeated ; but he retained the confidence of his party, in whose councils he remained a prominent figure until his death at .Austin, February 7, 1883. In private life he was esteemed bv all who knew him as a cultured gentleman, distinguished for his noble and generous impulses. He introduced his first general message with these words : "So long time has elapsed since the session, within this state, of a body competent 429 430 HISTORY OF TEXAS to legislate, that your duties must be many. * * * In addition to ordinary matters of legislation, you will find it incumbent upon you to remodel to a great extent the general statutes and to accommodate them to the new order of things, and to the radical changes engrafted on our institutions by the constitution lately adopted." Through the arbitrary tests prescribed for qualifications, the radicals controlled a safe majority in the house of representatives, and violence was used to defeat the opposition of conservatives in the senate. The twelfth legislature was the first to contain any considerable number of colored members ; there- were ten. Many of the members were little known and totally inex- perienced in legislative affairs. Their acts were marked by an alarming disregard of the constitution and complete subserviency to the will of the governor. In his opinion the matter of primary importance was the adoption of measures for the punishment or repression of crime and the establishment of law and order throughout the state. For this purpose he recommended the organization of all able-bodied men between the ages of eighteen and forty-five into a state militia. A smaller body, known as the state guard, to be composed of picked volunteer companies, should receive aid from the state. Exemption from military duty should be granted on payment of a tax. In order that the governor might have a free hand to deal with combinations of lawless men. he requested that he be invested with authority to declare martial law. The legislature re- sponded with an act which is remarkable for its violations of the con- stitution, but which met every demand of the governor. To force the militia bill through the senate it was necessary to arrest and keep in prison a number of those who opposed the measure. Sections 26 and 27 authorized the governor to declare martial law in any count)- or counties wherever in his opinion the enforcement of law was obstructed by com- binations of men too strong for the control of the civil authorities ; he was invested with power to employ as many of the state police, the state guard or the militia as he deemed necessary to restore order. The ex- pense of maintaining the forces called out for this purpose he could assess upon the county or counties placed under martial law. and for the trial and punishment of offenders he had the power to form military commis- sions. That there was need for .such drastic legislation was generally denied, nevertheless the governor found occasion to exercise his arbi- trary powers by declaring martial law in Marion. Hill, Limestone. Free- stone, and Walker counties. To enforce his mandates in Limestone County, he ordered a company of negro troops to Groesbeck. .\nd in the face of the express constitutional guarantee of trial by jury to every man, .several persons were sentenced to the penitentiary by military commissions. The governor also recommended the creation of a state police, em- bracing under one head this new organization and the police of the dif- ferent cities, sheriffs, deputy sheriffs and constables, in order that they. might all act in concert. A state police was provided for bv an act which fixed its strength at about 250 men, exclusive of sheriffs, etc., to be under the control of the adjutant general. That such a body might have served a useful purpose in a frontier state like Texas is clear. But the provisions of the act showed that its principal object was to enable HISTORY OF TEXAS 431 the governur lu cany out his arbitrary will. The employment of negroes and the enlistment of vagabonds in the service made it all the more obnoxious. The state police became a terror to sections where it was stationed. It made arrests, .seized property and searched private houses without cause or warrant and extorted sums of money as the terms of release. That such conduci was the exception and not the rule did not save the governor or the state police from public denunciation. Finally, the adjutant general, who was chief of the state police, absconded with S.^0.000 of public m.jni). Governor Uavis had resided for many years on the Rio Grande frontier. He spoke from per.sonal knowledge when he urged the neces- sity of making greater jirovision for the protection of the frontier so long as the United States government failed in doing its duty in this respect. He was. iherefore. authorized to organize twenty companies of Rangers, and to sell $750,000 of state bonds bearing .seven per cent interest to raise the funds for their .support. To the universal habit of bearing arms, the governor attributed largely the frequency of homi- cides in Texas, and he urged restriction of this privilege. An act was passed prescribing severe penalties for keeping and bearing deadly weapons. Attention was called by the governor to the mandate of the consti- tution to provide for the edtication of all children of .scholastic age. The office of superintendent of ])ublic instruction was created, and the estab- lishment of an elaborate system of public free schools outlined. The radicals, however, did not venture to order separate schools for whites and negroes. In reviewing the school legislation of this period, State Superintendent Baker said : "When the war clo.sed, and before the people had begun to recover from its dreadful ravages, a school system was launched upon them whicln, to say the least, was better fitted for an older and richer state. C"o])ied from older, richer and more thickly poi)ulated states, that system for a coimtry prepared for its reception was comparatively without a fault. But the immense sums of money necessary to sujiport it were cxtoited from a poor and unwillmg peo]:)le. The schools, though ojien to ;ill. soon became exceedingly unpopular with a large majority of the ])eople. both because of the unnecessary expenses incident to them and the manner in which they were conducted. It is not a matter of surprise that the system was overthrown, but it is to be regretted that its healthy features were not preserved and grafted into the new one which took its place. * * * The bitter prejudices born of the old law created among the people a strong distaste to taxation for educational jmrposes and indeed to free schools." (Biennial Report of the State Superintendent of Public Instruction, 1885-1886, p. Cx) Upon the question of internal improvements the governor referred to the general desire for better railroad facilities, and recommended that something be done to meet this demand, particularly with respect to a road extending frfim the northeastern portion of the state to the Rio Grande. In regard lo the new enterprises ttiat clamored for state aid. the governor was of the opinion that nothing otUside of a liberal charter and the right of way should be granted, and even then a careful scrutiny should be made of the ability of the company to fulfill its agreement. 432 HISTORY OF TEXAS He warned against plunging tlic state into debt for the purpose of grant- ing subsidies. A large number of railroad measures were introduced, but only two of importance were passed. The constitution of 1869 pro- hibited the granting of lands to encourage the building of railroads so the legislature resorted to grants of state bonds. The International Railwaj- Company was promised $10,000 in state bonds for each mile constructed. In November, 1871. the company reported the completion of fifty-two miles and made formal application for $500,000 of the bonds. The bonds were prepared, signed by the governor and treasurer, but the comptroller, whose signature also was required, refused to sign them, on the ground that the law was unconstitutional, and the supreme court of Texas sustained him. The matter was finally settled in 1875 when the railway company was offered twenty sections of land per mile of road constructed under the act of 1870, with an exemption from taxation on same for twenty-five years in lieu of the state bonds. The offer was accepted. The other act granted aid to the amount of $6,000,000 to the Texas and Pacific Railroad Com])any on condition that it construct a road from Long^'iew to Dallas and thence westward through the state. The right was reserved to commute the state bonds for land at the rate of twenty-four sections per mile in case the constitution was amended so that this were possible, (iovernor Davis disapproved this act, but it was passed over his veto May 24, 1871. "The passage of this measure, along with the International Railroad bond muddle, provoked an outburst of [jopular disapproval and charges of fraud and corruption were freely bandied about. Governor Coke in his second annual message to the legislature, in 1875. says that the original International bond act, 'bv com- mon consent, and admission was carried through the twelfth legislature by the most unblushing bribery." As a result of this agitation an amend- ment to the constitution was adopted [1874], allowing the legislature to make grants of land to railway companies, provided that not more than twenty sections per mile should be so granted. To the Texas and Pacific Company * * * ^-as granted twenty sections of land per mile of road instead of the bonds of the state. * * * Thus terminated this form of state aid. Fortunately the .state escaped without anv bonded indebtedness resulting from the reckless attempts to lend the state's credit, though bonds to the amount of twelve or fourteen millions had been voted by the legi.slature."* The governor favored immigration, recommended a geological sur- vey of the state, improvement and repair of the public buildings, state institutions and the penitentiary, which were all in a dilapidated condi- tion. He hoped that every species of manufacture and industry would be encouraged by the passage of laws affording ample protection to their property and granting exemption from taxes for a short term of years. He called attention to the sad plight of the stockraisers and urged that this important interest be given relief through appropriate legislation. Other subjects that required immediate attention "as essential to com- plete the reorganization of the state government" were : ♦Pott's "Railway Transportation in Texas," 95. HISTOKY OF TEXAS 433 "The organization and appointment of boards of registry, and of judges of elections ; the ajipointnient of officers to fill vacancies Where the law or constitution does not now provide therefor; to provide for removals and appointments to municipal offices until elections can be held in the respective cities and towns ; to provide for and fix time and manner of elections for such officers as are made elec- tive ; to provide for the "trial. ])unishment and removal from office' of the class of officers referred to in section 6, article VIIl, and to divide the state into convenient judicial districts, so that the appointment of district judges ma\- be made." The registration and election laws required all voting to be done at the county seat, and the governor was given complete control of the election. Man>- of the whites considered the restrictions impo.sed on the voter so onerous thai they refused to go to the polls. The subject of filling vacancies as well as of new offices was disposed of by an "enabling act" which authorized the governor to fill them all by ap- pointment. In the case of the elective officers the appointments were to hold until the first general election. This policy was carried to the extreme of including municipal oflicers. By an act approved August 15, 1870, the date of the first general election was fixed on the first Tuesday after the first Monday in November, 1872. By this extraordi- nary act the legislature, which had been chosen for a period of two years in November. I860, attempted to lengthen its own term for one year, and that of each of the governor's appointees as well. It prac- tically legislated a vacancy in the Texas delegation in congress. The act was such a i)alpal)le violation of the constitution that a movement was started during the following session of the legislature to have it repealed but the extremists resisted the effort and ousted the speaker of the house of representatives from his oft'ice for favoring such repeal. The Demo- cratic press charged that the rigid election law took away the last excuse for the enabling act and that fear of the result of a popular vote was the motive for tlie postjionement of the election. The forty-first congress terminated March ?i. 1871, and with it the terms of the' Texas congressmen. Through the juggling of the election law referred to above. Texas was deprived of membership in the house of representatives during the first session of the forty-second congress. On May 2, 1871, a special election for congressmen was ordered to be held October 3 to 6 following. Democratic candidates entered the lists against the Republicans. Exercising the extraordinary powers conferred upon him by the election laws, the governor issued a circular on August 9th, supplertiented by another on .September 6th. placing the most galling restrictions upon the voters during the election, patterned in every respect after the election held under military rule. "The people, at a glance, saw through both these proclamations. They knew that the only hope for the governor and his party was to obtain a pretext to throw out the votes, and that he had resorted to these flaming, unconstitutional, illegal, unwarranted, unnecessary and uncalled-for proclamations as a pretext to enable him to accomplish his tyrannical purpo.se."* •Pearre's "Review of tlit laws of tlic Twelfth Legislature" . . . and the "Oppressions of Governor F, J. Davis' administration," 107. 434 HISTORY OF TEXAS The polling places were guarded by state police or militia, and the voters were obliged to pass in single file between Davis' soldiers to deposit their ballots. Nevertheless the Democratic candidates were elected. Gov- ernor Davis issued his certificate of election to W. T. Clark instead of D. C. Giddings on the ground of irregularities in the election, but the house of representatives seated Giddings. The last subject to be considered in the governor's message was the financial conditions of the state. He stated that there was a balance of approximately $375,000 currency in the treasury which about equalled the public debt. He did not think it possible to make an estimate of the state's expenses in the future, but felt certain that it would be much larger than formerly even if the most rigid economy were observed. The various measures recommended, such as the school system, the in- creased judiciary, the immigration bureau, state police, etc., would require at least $1,500,000 annually. The taxable values for 1869 amounted to $149,665,386. The whole .system of collecting taxes must be revised and made more efficient. The legislature readily responded with various acts, but found it impossible to make receipts equal the expenditures. In 1870 an issue of $750,000 state bonds had been authorized to raise the funds for frontier defense. In May, 1871, $400,000 state bonds bearing ten per cent were appropriated to wipe out deficiencies in the state's revenue, and in December of the same year an additional issue of $2,000,- 000 state bonds was authorized for the same purpose. The various local officers were quite as lavish in the expenditure of county funds as the legislature was in the appropriation of state funds. The rate of taxation advanced by leaps and bounds; in September, 1871, it was about, $2.17j<2 on the hundred dollars valuation, besides poll, occupation and license taxes. The opposition to these radical measures was widespread, and did not long delay to find expression in organized action. Even before the called session of the legislature adjourned, a group of prominent men, including several legislators, met at Austin in July, 1870. A "Petition of the people of Texas to Congress to guarantee to the people a republican form of government" was drafted and extensively circulated. It con- tained a synopsis of the militia act. the state police act, the enabling act. the registration and election laws and of other laws dangerous to the liberties of the people, and concluded with an appeal to congress and to public opinion for relief. The .statement made by Governor Davis that "a slow civil war has been going on in the state ever since the sur- render of the Confederate armies" was branded as a falsehood. The petition bore the signatures of A. J. Hamilton, j. ^^^ Throckmorton and E. M. Pease, the governors of Texas since 1865, and of other prominent Hamilton Republicans, as well as those of Democrats. In January, 1871, a Democratic state convention was held at Austin. The platform stated the essentials of self-government, enumerated and denounced the uncon- stitutional and oppressive acts of the radical state administration, and ex- tended an invitation to all good irien, whatever mav have been their past poHtical preferences to unite with the Democratic party in removing from place and power those who now control the state government, in order to release the people from oppressive revenue and unequal taxation, to HISTORY OF TEXAS 435 insure an honest administration of the laws, and an honest and economical expenditures of the ])uhlic moneys, and to throw the aegis of justice and protection over the j)erson and property of every individual whatsoever in the state of Texas." I'lans were made for a thorough organization of the party, and for the establishment in Austin of a central party organ. The Democratic Statesman made its a])pearance in July. The campaign waged during the summer by the Democratic candidates for congress afforded an excellent op])ortunity for discussing the abuses of the administration and for rekindling interest in |)ublic affairs in many who through apathy or disgust had hitherto neglected to register as voters. .Some of the men, who had drafted the jietition to congress, now issued a call for a taxpayers convention to meet at .•\ustin, September 22, "for the pur- pose of expressing their opinion in regard to the exorbitant expenditures and enormous taxes to which we are subjected." The call was well- timed. Meetings of tax-payers were held in many places ; ninety-five counties were represented in the convention. Governor Pease was elected president. .\ committee of twenty-one reported on the violation of the constitution and laws, and on taxes. "The violations of constitutions and disregard of law have been very frequent and are very numerous," read the report, "hut frequent as they have been and nuinerous as they are, we have been unable to find a single one of either class based on an honest de.sire to accomplish good for the people of the state, or to secure prosperity to the country. On the contrary, their ajiparent cause seems uniformly to spring from one grand purpose, viz: to concentrate power in the hands of one man, and to emasculate the strength of the citizens of Texas as a free people." A long list of violations of the laws and un- constitutional acts formed part of the report. The report on taxation set forth the enormous increase in the public expenditures, the burdensome character of the taxes and the extravagance of the administration. A committee was ajjpointed to ask the legislature for redress of the griev- ances. Another committee was appointed to prepare an address advis- ing the people how to resist through the courts the collection of such taxes as were deemed illegal. In case the petition of the convention was neglected and no election held at an early date for a new Igislature, an appeal should be made to the general government, "praying that the people of Texas be protected in the right guaranteed by the constitution of the state in the election of members of the legislature, under a just apportionment, as well as an eli-ction of state and county officers." The legislature granted no relief. Although Governor Davis had given his approval to the act fixing the dale of the first general election under the new constitution in No- vember, 1872, he soon found it a stumbling block. The constitution clearly demanded that the governor be chosen at the time that members of the legislature are elected. Davis claimed that his term would expire four years from A])ril 28, 1870, which would be prior to the general election in November, 1874. 'I'lie (|uestion, therefore, arose whether the governor, too, ought not to be elected at the November election in 1872. A popular election held such terrifying possibilities for the gov- ernor that he put an end to the matter by a proclamation: 436 HISTORY OF TEXAS "It is my understanding of the tenure of office of the legislature to be elected in November next, that it expires on the 2nd day of December of the year 1873, being two years from the 2nd day of December, 1871, on which last mentioned day, according to the opinion of the attorney-general and, I believe, of most lawyers of the state, the legislature elected in the fall of 1869 expired. It will, then, be the duty of the legislature to be elected on the 5th of No- vember [1872] to provide for the election of their successors in November, 1873, and at the same time of governor, lieutenant-gov- ernor, comptroller, treasurer, commissioner of the general land office, etc., also sheriffs, district clerks, justices of the peace and other county officers. * * * j^ conclusion and to relieve all doubt, if any exists in the public mind on this subject, I will say that no election for governor and other state or county officers, except to fill vacancies, will be held at the election in November next." In this opinion the governor reached the climax in his efforts to have all the powers of the government converge in his office. The legislature had complied with his numerous suggestions. It postponed the election one year beyond the proper date. Now, in turn the legislature was informed that its term had expired and that the governor could manage affairs without its assistance. The constitution expressly stated that sessions of the legislature shall be annual, but then the legislature had held two sessions during 1871. So far as the people were concerned, they were ready to dispen.se with the .services of the twelfth legislature ; it was economy to do so ; but they claimed for themselves the right to turn them out by choosing their successors. The approaching national and state elections infused new life into parly politics. The Republicans held their convention at Houston in May. Their platform approved the administrations of Grant and of Governor Davis, promi-sed economy and honesty in administration and declared that the "Democratic party, with its prejudices against the equal rights of men and again.st popular education," cannot safely be intrusted with the powers of government. The Democrats met in con- vention at Corsicana in June, reaffirmed the ])latform of 1871 with its severe arraignment of the Davis administration, declared the national administration to be "destructive of the rights of the states and of the liberties of the people." and endorsed the action of the liberal Repub- licans. The election included presidential electors, members of congress, members of the legislature, and the location of the seat of government. ( ireeley received a majority of 19.020 over Grant ; six Democratic con- gressmen were chosen ; a majority in the house of representatives was captured by the Democrats, and Austin remained the seat of govern- ment. The result clearly showed that the days of radical rule were numbered. The thirteenth legislature convened January 14, 1873. The house was organized by the Democrats. The senate presented a problem. Webster Flanagan was elected president of the senate during the twelfth legisla- ture. Some contended that he was the president of the thirteenth legis- lature. The Democrats did not command sufficient votes to force a reorganization. To promote harmony. Senator Flanagan resigned and HISTORY" OF>^ TEXAS ^S7 subsequently co-operated with the Democrats in repeahng or modify- ing the radical legislation of the twelfth legislature. (Governor Davis' message was conciliatory : he counseled moderation. "When 1 com- menced the performance of the duties of governor," he said : "I proposed to myself these main purposes: On the one hand to restrain that tendency to extravagant squandering of public nioney and running into debt, which has disgraced many of the governments and legislatures of the so-called reconstructed states. * * * Qn the other hand, to restrain that lawlessness which alway> vmfavorably distinguished our people, hut had become shockingly intensified by the habits taught our young men in military camjjs." He defended the militia and police acts and the extraordinary powers they conferred ujwn the governor by insisting that the moderate use of such powers had exerted a salutary influence in restraining lawlessness and preserving peace, and had thus "prevented disturbances hurtful to the prosperity of our state, and averted the interference of the United States government, which nearly all of the reconstructed states have been sub- jected to." The legislature immediately began the work of reform. The enabling act and the state police act were repealed. The militia law was amended so as to prune it of the extraordinary powers it vested in the governor. The law regulating the assessment and collection of taxes, the law relating to public free schools, the public printing law, and the registration and election laws were remodeled. Elections were to be held in the various precincts and to continue for one day only. Other im- portant legislation included the act appropriating one-half of the ptiblic domain to the permanent school fund, the act reapjmrtioning the state into senatorial and representative districts and the act fixing the time of holding an election for members of the fourteenth legislature, all state officers, countv officers, etc., on the first Tuesday in December, 1873. The act fixing the date for the next general election as well as the remodeled registration and election laws received the approval of Governor Davis. Each party, therefore, entered the campaign under conditions presumably mutually satisfactory. The Republicans met in convention at Dallas in August, and renominated Governor Davis. The platform criticised the thirteenth legislature and demanded a long list of reforms. The Democratic convention was held at Austin in September. Richard Coke was nominated for governor, and a complete state ticket placed in the field. The platform pointed with pride to the work of the Democrats in the thirteenth legislature, and pledged the party to ad- minister the government, which would certainly be entrusted to their hands, in the interest and for the benefit of the whole people. It favored the calling of a constitutional convention by the next legislature. The con- test aroused the highest political excitement and neither party asked nor gave quarter. Intimidation and fraud were used on both sides. The vote polled was large and decisive : Coke received 85.549 votes, Davis 42,633. The Democratic candidates for the several state offices were successful, and a majoritv in each branch of the legislature also belonged to that party. The radicals made a last desperate effort to prolong minority rule. The validity of the law. under which (he recent election had been held. 438 HISTORY OF TEXAS was attacked because the voting had been limited to one day instead of four. The supreme court of Texas, on January 5, 1874. upheld this view and declared the law unconstitutional. Acting upon the assump- tion that under this decision the election, too, was void, and that the successful candidates were not entitled to administer the offices to which they had been elected. Governor Davis, on January 12, issued following proclamation, .\fter referring to the decision of the court, he said: "\\'hereas. Great public injury and further dangerous complica- tions of public affairs are likely to result from any attempt on the part of those claiming to have been chosen as members of the legislature and other ofificers at said election, to assume the positions they claim, therefore, for these and other reasons which it is not necessary to incorporate herein, it is deemed advisable, and it is so ordered, that those who have been chosen as legislators and other ofificers shall not attempt to assume the positions they claim unless by further action of adequate authority." Knowing very well that his proclamation would be disregarded, the governor applied to the president of the United States for federal troops to prevent apprehended violence. On January 12th Grant replied that he could not furnish aid, and made following suggestion : "The act of the legislature of Texas providing for the recent election having received your approval, and both political parties having made nominations and having conducted a political campaign under its provisions, would it not be prudent, as well as right, to yield to the verdict of the people as expressed by their ballots?" Governor Davis, however, did not sit idly by awaiting Grant's decision : he believed in helping himself, and the president's reply did not change his program. The newly elected state officers and members of the legis- lature held a conference the evening preceding the day fixed for the meet- ing of the legislature. January 1,^. 1874. No one knew what Davis planned to do. but that opposition to the inauguration of the new adminis- tration would be made was anticipated. It was decided to proceed in the most peaceable and prudent manner possible and to avoid any illegal action. It was discovered that Davis had filled the lower part of the capitol with armed men. mostly negroes, and that he planned to take possession of the legislative halls in the morning. The Democrats, there- fore, secured the halls during the night and thus gained an important strategic point. Organization of the legislature was perfected withoul opposition. However, on the same day a portion of the thirteenth legis- lature met in the basement of the capitol. The governor informed the committees from the fourteenth legislature that he would not recognize it. as its validity was placed in doubt bv the decision of the supreme court and was protested by its predecessor. For a time the secretary of state refused to deliver to the legislature the election returns, but later allowed them to be taken over his protest. The returns for governor and lieutenant-governor were canvassed, and Coke and Hubbard declared to be duly elected. Governor Davis issued an order to the local militia com- pany, the Travis Rifles, to report at once for duty "fully armed and equipped." On their way to the capitol the sheriflF summoned the captain and his men as a posse to keep the peace : they were marched to the HISTORY OF TEXAS 439 second story uf the capitol and stood guard during the inauguration of the new governor late at night of the 15th. The next day another appeal was made to Grant : "The newly elected govenior (Coke) was inaugurated last night. Armed men are guarding the approaches to the offices at the capi- tol. Other armed men have possession of the legislative halls. .V conflict seems inevitable." Again aid was refused. But Davis still held on. "During the 16th and until late in the afternoon of the 17th there prevailed the most intense excitement, both in the lower and upper story of the capitol, and there were during that time several narrow escapes from hostile conflict, which was only prevented by the con- tinual watchfulness and care of those who were relied upon to avoid a conflict if possible." In the afternoon of the 17ih a third refusal oi aid was received from the president, through ihe attorney general, saying that the president "is of the opinion your right to the office of governor at this time is at least so doubtful that he does not feel warranted in furnishing United States troops." Thereupon Davis quit the executive office without taking formal leave, and radical rule was at an end. "The adniim'stration of Davis was responsible for more of the bit- terness with which the people of Texas have remembered the recon- struction era than all that happened from the close of the war to 1870. In fact, the word reconstruction recalls to most peo])le first of all the arbitrary rule of this radical governor. * * * In niany respects he was the best of the faction that nominated him for gov- ernor in 1869 ; but no man could have been worse fitted by temper- ament for the delicate task before the local Republicans at that time. When circumstances demanded the most painstaking moderation in order to overcome the effects of the congressional policy, E. J. Davis and his radical associates succeeded onK- in |)Umging the Republican party in Texas into irretrievable ruin."* *Ramsdell, "Reconstruction in Texas," 317. P3 X IIMJ J_.XXJXVrl.EVX UNIVERSITY OF CALIFORNIA Santa Barbara Goleta, California THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW. 51966J INTPPIJBRARY LOAN UNiVERStTY OF CALIFORNIA SANTA BARBARA, CA 931 » RET'D JUL 11 2001 5C '\ IIIIIIIIIIIMIIIIIIIIIIIIIIIUIIHniinilllNIINIIMIIIIIIUII _ - 3 1205 02448 7777 Si 4ir %■ S^ *<^ \ fc % v^'-N.