A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens, Part 8

Author:
Publication date: 1893
Publisher: Chicago, Lewis Publishing Co.
Number of Pages: 954

USA > Texas > Henderson County > A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens > Part 8
USA > Texas > Freestone County > A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens > Part 8
USA > Texas > Leon County > A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens > Part 8
USA > Texas > Anderson County > A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens > Part 8
USA > Texas > Limestone County > A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens > Part 8
USA > Texas > Navarro County > A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens > Part 8

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Nevertheless, when the excitement sub- sided, they returned to work, and by the beginning of 1866 it began to be seen that free labor would soon prove a success in Texas. The plantation owners were compelled to yield to necessity, and offered them terms which promised to ensure steady labor.

As regards the disposition of Texas toward the Union, it is safe to say that the feeling was less bitter here than in any other part of the Confederacy. A large portion of the population whose voices had been hushed during the long struggle, were still Unionists at heart; the German in- habitants, estimated at 40,000, had ever been for the Union, and no small propor- tion of the secessionists themselves, having fought the fight and lost, were ready to accept the new order of things. The re- fractory spirit manifested during the days which succeeded the occupation of Texas by the visitors was due, in a great measure, to the fact that her territory had never been mnade the seat of war. The people could not brook the restraint which was now im- posed upon them; while it must be ad- mitted that the conduct of the Federal officers in the discharge of their duties, especially in the Treasury Department, afforded just grounds for irritation and complaint.

On January 8, 1866, an election was held to choose delegates to a State conven-

HISTORY OF NAVARRO, HENDERSON, ANDERSON,

tion to forni a new constitution. Having elected J. W. Throckmorton president, and W. L. Chalmers secretary, the convention proceeded with its labors, and the new con- stitution was completed by April. In it every measure that was demanded as a pre- requisite for readmission into the Union was adopted. The abolition of slavery was recognized. and freedmen were allowed the right to make contracts; to sue in the courts; to acquire and transmit property ; and to testify as witnesses in civil criminal cases. The convention, moreover, passed ordinances declaring the act of secession null; repudiating the war debt of the re- bellion; proclaiming the permanency of the Union, and the supremacy of the laws of the United States; and assuming the direct tax levied upon the State by the United States. The amended constitution was submitted to the people and ratified June 25. On the same day the general election was held, and J. W. Throckmorton was chosen Governor, and G. W. Jones Lieutenant Governor.

On August 18, Governor Throckmorton, having been duly inaugurated, sent in his first regular message. In this he supplied the legislature with a financial statement of the condition of the treasury, the avail- able funds amounting to $90,028, of which $31,399 were in specie and the balance in United States currency. He urged the Legislature to appropriate a sum of money for the redemption of captive children car- ried off by Indians on the frontier, in the event of a failure to get the necessary assistance from the United States Govern- ment.

To ensure a future supply of labor, he recommended the "appointment of a com- inissioner of statistics, for the promotion of immigration." With regard to the freed blacks, he urged that every effort should be made to impress upon them that their labor was desirable; and that laws should be passed securing them pro- tection of person and property.

But considering the position of affairs, no part of his message was more striking and pregnant with trouble than that which touched on the amendments to the Con- stitution of the United States. Submitting a copy of the joint resolution of Congress proposing to the several States a thirteenth article to the Federal Constitution, the governor remarked that the article, having been already ratified by the requisite num- ber of the States,-three-fourths,-had be- come a law of the land; and, being no longer an open question, he did not coll- sider it necessary that the legislature should take any action upon the matter. He also enclosed an attested copy of a reso- lution of Congress, proposing to the legis- latures of the several States a fourteenth amendment to the Constitution, deeply affecting the status of the late seceders. With regard to this amendment be did not hesitate to express his unqualified dis- approval, as being unwise and unjust. "To say nothing of its harshness," he said, "the effect of the adoption of the third section of the article will be to deprive the State, for nearly a quarter of a century, of the services of her ablest and best men, at a time and amidst circumstances which render these services more important than

LIMESTONE, FREESTONE AND LEON COUNTIES.

at any period of her history. I recom- inend the unqualified rejection of the pro- posed fourteenth amendment."

The legislature acted upon Thoskmor- ton's suggestion, having subinitted the separate questions to special committees, which endorsed his opinion. The first named amendment was respectfully re- turned to the Secretary of State without any action being taken upon it, and the fourteenth amendment was rejected by a vote of sixty-seven nays to five yeas.

Numerous laws for the internal im- provement of the State were passed at this session, which continued during the months of August, September, October and November. An act was passed pro- viding for the protection of the frontier; county courts were organized, and the salaries of the judges and officials assigned; a general apprentice law was passed; an enactment granted a lien on crops and stock. Other laws regulated labor con- tracts; income, salary and license taxes were established, and rates defined. Va- grancy was defined, and punishment pre- scribed. An act, called the Stay Law, was passed, regulating the collection of debts, and another regulating the duties of as- sessors and collectors. Judicial districts were changed, and the number reduced from twenty-five to fifteen; the education of indigent white children provided for; fines were imposed upon any person labor- ing, hiring, horse-racing, selling liquor, gambling, hunting or trading on the Sabbath.

Nor did the legislature fail to adopt measures conducive to the progress of the country. Skilled labor and capital were

invited into the country; acts were passed for the benefit of existing railroad com- panies; and other companies, of various enterprises, were incorporated.

In relation to the United States troops stationed in Texas, a joint resolution set forth that they were not only unnecessary, but the source of much evil; and as the people of Texas had returned to their al- legiance, the governor was requested to use all proper means to obtain their re- mnoval from the towns to the frontier, where they were greatly needed.

Under the plan pursned by President Johnson, State governments had now been established in all the Confederate States. But Congress was not in accord with the President. Congress considered that as those governments had been set up with- out its authority, they had no constitn- tional validity; they were under the con- trol, it was maintained, of unrepentant leaders of the secession, and afforded no adequate protection for life or property. On March 2, 1867, an "act to provide for the more efficient government of the rebel States" was passed by Congress over the veto of the President. By this act the ten States were divided into five military districts, and made subject to the military authority of the United States. The power of the commander in each district was ex- tremely ample-so much so that the Pres- ident in his veto classified it as that of an absolute monarch. He could organize military tribunals to try offenders, and all interference of State authorities was pro- nounced null and void. In all respects the act was extremely stringent. It was declared that no State under the bau

HISTORY OF NAVARRO, HENDERSON, ANDERSON,

would be entitled to representation in Con- gress until it had formed a constitution of government in conformity with the con- stitution of the United States. Such a constitution was to provide that the elec- tive franchise should be enjoyed by all persons irrespective of race or color. It was made compulsory for a state to adopt the amendment to the Constitution of the United States known as article fourteen; and until the people of the rebellious States were admitted to representation in Congress any civil government would be deemed provisional only. and subject to the paramount authority of the United States at any time to abolish, modify, con- trol, or supersede it.

General Sheridan was appointed to the command of the fifth district, and before long over 4,000 soldiers were distributed in the towns and inilitary posts of Texas, under General Griffin, with headquarters at Galveston, to whom the reorganization of the State was entrusted.

In view of Governor Throckmorton's expectations, as indicated in his message, and the action taken by the legislature, this change in affairs was bitterly unpalat- able, more humiliating in some respects than the war itself. Nevertheless, he has- tened to assure General Sheridan, by date of March 30, 1867, that thongh the people with very little division of sentiment, re- garded the terms imposed upon them as onerous and oppressive, they were yet de- termined to abide by the laws and comply with them. At the same time he ex- pressed his intention to lend a prompt as- sistance, when in his power, to carry into effect the prerequisites for representation,

and advise the people to participate in the reorganization with good feeling. But Throckmorton was a marked man. As early as March 28, Griffin advised his re- moval. He stated that he had again and again called the notice of the governor to outrages perpetrated on Union men, but knew of no instance in which the offender had been punished. At a later date he explains that efforts were made to exclude Union men from the jury boxes, to prevent which he issned a circular order, prescrib- ing a form of oath, which virtually ex- cluded every person that had been con- nected with the Confederacy from serving as a juror.

Much dissatisfaction and injustice being caused by the last act of the legislature, reducing the judicial distriets from twenty to fifteen, whereby justice could not be properly aud promptly administered, an order was issued re-establishing them as they existed before the passage of the ob- jectionable ordinance.

Differences arose between the governor and the military commander at every move, although it is evident that the former was really desirous of adjusting himself and the State to the new system of reconstruction adopted by Congress in opposition to President Johnson's views.

The important questions of registration, appointment of registrars, election of judges and high officials, and dismissal of prosecution against certain persons by order of the military chief, became matters of misunderstanding, and the governor on more than one occasion deemed it neces- sary to communicate with the president in reference to the matters in dispute.

LIMESTONE, FREESTONE AND LEON COUNTIES.

The breach widened day by day, and on July 30 General Sheridan issued a special order removing J. W. Throckmorton and appointing E. M. Pease as governor of Texas.

In the early days of August, Elisha M. Pease for the third time became Governor, but affairs were sadly changed since the prosperous and happy term of his first administration. The partisan feeling in Texas, not withont cause, continued bitter, and in no other of the Confederated States did the work of reconstruction prove more difficult, as is evident by the fact that she was the last of the ten States to be readmit- ted into the Union. On August 26, 1867, Sheridan, whose administration of the fifth military district gave great dissatisfaction to President Johnson, was removed, and the command assigned to General Han- cock. The latter's views differed consider- ably from those of Sheridan, and he was even unwilling to submit civil offenders to trial by military tribunals. The unreason- ably rigid rules issued by the board of reg- istration of Griffin, by which numbers of men entitled to become voters were ex- clnded, Hancock, on January 11, 1868, declared them to be null and of no effect, and ordered the board of registration " to look to the laws and to the laws alone for rules which were to govern them in the discharge of the delicate and important duties imposed upon them."

But Hancock gave as little satisfaction to Congress as his predecessor had given to the president; and the want of harmony between the executive and legislative powers at Washington was the cause of frequent changes of military commanders

in the Sonth. Not long after the order setting aside General Griffin's instruction to the registrars, General Hancock was re- moved from the command of the fifth dis- trict, and was succeeded by General Rey- nolds.

The business of registration having at last been completed, the election for the convention was held in February. Each voter was required to register, and present his certificate of registration at the polls. The election occupied four days, and re- sulted in 44,689 votes being cast in favor of the convention being held, and 11,440 against it.

On June 1, 1868, the convention, con- sisting of sixty-three delegates, mnet at Austin, and organized by electing Ed- mund J. Davis president, and W. V. Tnn- stall secretary. Though composed of loyal Republicans it soon became ap- parent that it. was divided into two par- ties, entertaining widely different views, and such as were not to be readily recon- ciled. Those members of the convention who believed that all enactments since the passage of the secession ordinance, Febru- ary 1, 1861. should be null were called " Ab Initios." Another point of disagree- ment was the question of suffrage, a por- tion of the convention displaying much intolerance toward those who had sustained the Confederate cause, while the more liberal were in favor of enfranchising all good citizens of the State.

For three months the opposing factions argned and wrangled on their respective views, and but little progress was made toward the framing of the constitution. On August 31st, the convention adjourned

HISTORY OF NAVARRO, HENDERSON, ANDERSON,

to reassemble on December 7th. When it again met, the differences appeared to be more irreconcilable than ever, and much bitterness of feeling was shown. Finally, the more liberal party prevailed, the late Governor Hamilton having submitted a generous substitute on the right of snf- frage for the report of the committee, which was marked by rigorous disfran - chisement. The substitute having been put to the vote, it was carried, February 3, 1869, by thirty-seven yeas against twenty-six nays.

The constitution was now all but com- pleted; but on the 4th the " ab-initio " members entered into a protest against it, signed by twenty-two members, among whom was the president, Davis. The ob- jection raised against it was that it was based upon the assumption that the Con- stitution of the United States and the ac- cepted constitution of Texas of 1845, had not been continuously the supreme law of the land. With regard to the article on the right of suffrage, the disapproving members solemnly protested against it as extending the franchise to all those who voluntarily became the public enemy of the United States.

This session of the convention did not terminate in a very dignified manner. Without waiting for a formal and orderly. adjournment, many members forthwith returned to their homes, and at the meet- ing on the 6th no quorum was present. On February 11th General Canby, who had succeeded Reynolds in the preceding December, addressed a letter to the chief of the staff at Washington, in which he says that a committee had been appointed

by the members that were left to consult him. On finding that a large portion of the records of the convention was in an un - finished condition, the journal not being made up, the other work of the secretary and clerks incomplete, he advised that the members present should finish the minis- terial work, and then adjourn in a formal and orderly manner. He describes the feelings of the two parties as growing more intense, each distrusting the other, and apprehending that the records would be lost or destroyed. He urged upon the president, Davis, the importance of his party uniting with the other, -at least let them adjourn in a decorous manner, if they could do nothing else. Davis ac- cordingly called a meeting, at which less than a half dozen members were present, and Canby finally agreed to take charge of the records. He experienced, however, no little difficulty in collecting them, as the secretaries and clerks of the convention had become imbued with the spirit of the members, and had taken away a part of the records in their keeping. Having finally succeeded, he set a large clerical force to work to complete them from the rough copies and minutes.

By the election declaration of the con- vention, the first Monday in July, 1869, was appointed as the day on which the amended constitution should be submitted to the voters for ratification, and a general election held for State officers and mem. bers of the legislature. But President Grant did not see fit to approve so early a date, and deferred it till November 30, following. Accordingly, on that and the three following days, the election was held

LIMESTONE, FREESTONE AND LEON COUNTIES.

under the direction of. Reynolds, who had been reappointed to the command in Texas, 72,366 votes being cast for the constitution, and 4,928 against it, showing a majority of 67,438 in favor of it. At the same time Edmund J. Davis was elected Governor; J. W. Flanagan, Lieu- tenant Governor; A. Bledsoe, Comptrol- ler; G. W. Honey, Treasurer; and Jacob Knechler, Land Office Commissioner; and G. W. Whitmore, J. C. Connor, W. T. Clark, and Edward Degener were chosen Representatives to the United States Con- gress. Members of the legislature were also appointed, and on January 11, 1870, an order was issued by the military com- mander, summoning the legislature to as- semble at Austin on February 8, follow- ing. ·

Governor Pease by no means enjoyed the position in which he found himself. The mixture of civil and military rule was most distasteful to him, especially as he did not meet with that co-operation and assistance on the part of the commander of the fifth district which he was entitled to expect. On September 30, he r. signed, and during the interval between his res- ignation and the accession of Governor Davis, a period of more than three monthis, the executive department of Texas was administered by an adjutant in charge of civil affairs.

Governor Davis entered office Jannary 18, 1870, and on the appointed day the legislature assembled at the capital. It promptly ratified by joint resolutions the amendments to the Constitution of the United States, appointed Senators to Con- gress; and, having transacted the business

imposed npon it by the reconstruction laws as a provisional body, it adjourned, February 24.

Texas had now drained the bitter cup to the dregs, and forgiveness was at last vouchsafed to her. On March 30, 1870, the United States president approved the Congressional act readmitting her into the Union, and on the following day Sen- ators M. C. Hamilton and J. W. Flanagan, the oath prescribed by law having been administered to them by the vice-presi- dent, took their seats in Congress. On the same day the four representatives to which the State was entitled were sworn in, the members being those elected at the general election held November 30 to December 3, 1869.

The reconstruction period extended over five years, during which time Texas was a prey to lawlessness and violence to a de- gree almost inconceivable. The breath of the demon of homicide seemed to have passed over the land, and the efforts of the military commanders to arrest its deadly influence were attended with little success. It is impossible to ascertain how many persons were the victims of fierce passion and malevolence during these five years, nor is it a pleasant subject to dwell upon. General Reynolds, in a letter to the war office, dated October 21, 1869, said: "The number of murders in the State during the nine months from Janu- ary 1, 1869, to September 30, 1869, ac- cording to the official records, necessarily imperfect, is 384, being an average of about one and a half a day. From this statement it appears that with the partial

HISTORY OF NAVARRO, HENDERSON, ANDERSON,

breaking up of the bands of desperadoes by military aid, the number of murders is diminishing from month to month."

Though Governor Davis assumed the executive office in January, he was acting only in a provisional capacity. When, however, the president signed the bill re- storing Texas to her rights as a sovereign State of the Union, Davis issued a procla- mation, April 2, announcing the fact and signed himself Governor of Texas. On the 16th of the same month, General Rey- nolds remitted to the civil authorities the power that had been conferred upon the military commander by the reconstruction laws, and the troops were withdrawn from the various posts in the interior and sent to the frontier. Small detachments, how- ever, were retained at Jefferson, Austin and San Antonio, the latter point being the principal distributing depot and the future headquarters of the department. The legislature assembled again on the 26th, and on the 28th the governor was duly inaugurated.

On April 29, the governor sent in his message. He first called attention to the necessity of providing measures for the suppression of crime, and recommended the passage of a law for the efficient or- ganization of the militia, and the estab- lishment of a police system, which would embrace the whole State under one head. In suggesting measures to suppress mobs of lawless men, who assembled and oper- ated in disguise, he advocated confer- ring upon the executive the power of temporarily establishing martial law under certain contingencies. He considered that the frequency of homicides was attribut-

able to the habit of carrying arms, and recommended the legislature to restrict that privilege, which it would be able to do under the amended constitution. He considered that a good system of schools would operate in diminishing crime, and reminded the legislature that the consti- tution made it "the imperative duty " of that body to provide for the education of all children of scholastic age.

Other matters brought before the atten- tion of the legislature were the questions of internal improvement, subsidizing pri- vate enterprises, the public works, and im- migration.

The depredations of the Indians were commented on, and in view of their unap- peasable inclinations and persistent hostil- ity, he recommended total extermination, or complete conquest and submission.

Financial matters were the last to be discussed. The governor was of opinion that expenditures would amount to about $1,500,000. The amount of cash on hand September 3, 1867, was $20,232; receipts from that date to April 16, 1870, were $1,384,191, and the expenditures during the same period $1,024,851. The amount of cash in the treasury, exclusive of school funds, was $2,953 in specie and $413,747 in currency. Deducting appropriations made by military orders since March 1, there remained $5,953 in specie and $368,426 in currency. The debt of the State was small. Under act of November 12, 1869, five per centum State bonds, to the amount of $82,168, were issued to the school fund, and $134,472 of similar bonds to the university fund. If the act was to be respected, the State was too

LIMESTONE, FREESTONE AND LEON COUNTIES.

much indebted to the above-named funds. The only other indebtedness was that of ten per cent. warrants issued before the late war, but the amount could not be considerable. The governor remarked that the whole system of collection of revenne would have to be revised and made more effective.

The legislature, with a large majority of them Republicans, accepted the gov- ernor's views in all important points. The militia was organized and divided into two classes, and placed under the control of the governor, who was empowered to de- clare martial law in any county or coun- ties, and call out, as he might deem necessary. a portion of the militia for the maintenance of the law. Other bills au- thorized him to organize twenty companies for the protection of the frontier, and es- tablish a State police, under the system suggested by him in his message. An election law was passed requiring voters to register, and laying down stringent rules for conducting elections; the judi- cial districts were reorganized and their number was raised to thirty-five, and a bill was passed establishing a system of public free schools throughout the State. Numerous other enactments were passed, and it was not till Angust 15 that the legislature adjourned.

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A memorial and biographical history of Navarro, Henderson, Anderson, Limestone, Freestone and Leon counties, Texas from the earliest period of its occupancy to the present time, together with glimpses of its prospects; also biographical mention of many of the pioneers and prominent citizens, Part 8

Author: Publication date: 1893 Publisher: Chicago, Lewis Publishing Co. Number of Pages: 954

Author:
Publication date: 1893
Publisher: Chicago, Lewis Publishing Co.
Number of Pages: 954