USA > Texas > A pictorial history of Texas, from the earliest visits of European adventurers, to A.D. 1879. Embracing the periods of missions, colonization, the revolution the republic, and the state; also, a topographical description of the country together with its Indian tribes and their wars, and biographical sketches of hundreds of its leading historical characters. Also, a list of the countries, with historical and topical notes, and descriptions of the public institutions of the state > Part 17
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Again, without the acquisition of Texas it is hardly prob- able the Southern States would have ventured upon the experiment of secession ; the result of which was the great civil war, and finally the emancipation of four millions of slaves ; thus materially changing the whole labor system of the South.
For over a century Texas had been under Spanish and Mexican domination, and with the exception of colonists introduced mainly by American enterprise during the last decade, population had steadily diminished. Since that period, in less than half a century our populution has in- creased from a few thousands, to two millions, with a cor- responding increase in wealth, commerce, products, and the means of moral and intellectual culture. Who can doubt that a super-human wisdom and power guided the affairs of Texas in that critical period of her history ?
CHAPTER VII.
PRESIDENT BURNET AT GALVESTON-RETREAT OF FILISOLA-TREATY WITH SANTA ANNA-FEELING IN EAST TEXAS-DIFFICULTIES OF THE PRESIDENT AND HIS CABI- NET-ATTEMPT TO ARREST THE PRESIDENT-ANOTHER MEXICAN INVASION THREAT- ENED-NAVAL OPERATIONS-MORTIT'S REPORT ON TEXAS-ELECTION-MEETING OF CONGRESS-CONSTITUTIONAL GOVERNMENT.
FTER leaving Harrisburg, President Burnet and Vice- President Zavalla went to their homes near Lynch- burg. The former put his family on a small boat, and was just leaving New Washington as a squad of Mexican cav- alry under Almonte dashed into the place. Temporarily, the Executive Department was established at Galveston. As soon as the President heard that the army was on Buf- falo Bayou, he and Mr. Potter loaded some vessels with supplies and started them up to Harrisburg; but the boats got aground, or met with other detention, so that they did not reach the army until after the battle. On the 23d of April, Burnet wrote to Colonel Rusk, suggesting that, if necessary, the army could fall back to Galveston, and make a final stand on that island. Four days later, but before the news of the victory had reached the island, Warren D. C. Hall, Acting Secretary of War, addressed a similar letter to General Houston. Cannon had been transported from the Brazos ; and, under the supervision of Col. James Morgan and Col. A. Huston, the island had been put in a tolerable state for defense.
It was six days before news `of the battle reached Gal- veston, and then President Burnet, and such members of the Government as were with him, hastened up to the bat- tle-field, arriving there on the first of May. (See Calden, R. J.)
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Sốn. N.Y.
DAVID G. BURNET.
275
RETREAT OF FILISOLA.
Immediately after the capture of Santa Anna, that officer wrote to Filisola to countermarch to Bexar and await further orders ; and to direct General Urrea to fall back to the Guadalupe at Victoria. Filisola immediately com- menced his retreat. He camped. at Powel's, on the Ber- nard, on the 25th, where he was joined by Gaona, who had passed from the neighborhood of Burton down the Bernard, and also by Urrea, from Brazoria. Filisola then had an army of over four thousand men. But his ammunition had been injured, and he was not in a condition to fight, even if he had not felt obliged to obey the orders of the captive President-General.
At Lynchburg, President Burnet reorganized his cabinet. Mr. Carson, Secretary of State, had been compelled to resign on account of declining health, and James Collinsworth took his place. David Thomas had been accidentally killed, and Peter W Grayson became Attorney-General. General Houston, who had been severely wounded in the battle, resigned the command of the army to go to New Orleans for surgical aid, and Mr. Rusk succeeded to the command, and General Lamar became Secretary of War. Messrs. Zavalla, Potter and Hardeman were at their posts. For better accommodations, on the 8th of May the President and his Cabinet, and Santa Anna and staff, left Lynchburg for Velasco, which became the temporary seat of Govern- ment. There, on the 14th of May, a treaty was entered into between the President of Texas, and a majority of his Cabinet, and Santa Anna. Some of Mr. Burnet's Cabinet were opposed to the treaty, especially that provision by which Santa Anna was to be released and sent home. Messrs. B. F. Fort Smith, and Henry Teal were sent with a copy of this treaty to Filisola for ratification. The Commissioners found the Mexican General at Goliad on the 26th of May. The treaty was examined, and Messrs. Tolsa and Amat, of his staff, ratified it on behalf of the Mexican army in the
17
276
HISTORY OF TEXAS.
field. Filisola continued his retreat and crossed the Rio Grande in June.
The following is Santa Anna's letter to Filisola, accompa- nied by a copy of the public treaty :
EXCELLENT SIR: Annexed I send to your Excellency the Articles of the Agreement entered into by me, with his Excellency David G. Burnet, President of the Republic of Texas, for your information and fulfillment of the same to its full extent, in order that no complaints may arise tending to cause a useless rupture. I expect to receive without any delay your Excel- lency's answer by this same opportunity, and accept in the meantime my consideration and regard. God and Liberty
ANTONIO LOPEZ DE SANTA ANNA. To His Excellency General of Division, DON VICENTE FELISOLA.
ARTICLES OF AN AGREEMENT entered into, between his Excellency David G. Burnet, President of the Republic of Texas, of the one part, and General Antonio Lopez de Santa Anna, President, General-in-Chief of the Mexican army, of the other part.
ART. 1. General Antonio Lopez de Santa Anna agrees that he will not take up arms, nor will he exercise his influence to cause them to be taken up, against the people of Texas during the present war of Independence.
ART. 2. All hostilities between the Mexican and Texan troops will cease immediately, both on land and water
ART. 3. The Mexican troops will evacuate the Territory of Texas, passing to the other side of the Rio Grande del Norte.
ART. 4. The Mexican army in its retreat shall not take the property of any person without his consent and just indemnification, using only such articles as may be necessary for its subsistence in cases where the owner may not be present ; and remitting to the Commander of the Army of Texas, or to the Commissioners to be appointed for the adjustment of such matters, an account of the value of the property consumed, the place where taken, and the name of the owner, if it can be ascertaincd.
ART. 5. That all private property, including cattle, horses, negro slaves, or indentured persons, of whatever denomination, that may have been cap- tured by any portion of the Mexican army, or may have taken refuge in the said army since the commencement of the late invasion, shall be restored to the Commander of the Texan army, or to such other persons as may be appointed by the Government of Texas to receive them.
ART. 6. The troops of both armies will refrain from coming into contact with each other, and to this end the Commander of the army of Texas will be careful not to approach within a shorter distance of the Mexican army than five leagues.
ART. 7. The Mexican army shall not make any other delay on its march than that which is necessary to take up their hospitals, baggage, etc., and to cross the rivers: any delay not necessary to these purposes to be considered an infraction of this agreement.
277
PUBLIC TREATY.
ART. 8. By express, to be immediately dispatched, this agreement shall be sent to General Vicente Felisola and to General T. J. Rusk, Commander of the Texan army, in order that they may be apprised of its stipulations, and to this end they will exchange engagements to comply with the same. ART. 9. That all Texan prisoners now in possession of the Mexican army or its authorities be forthwith released and furnished with free passports to return to their homes, in consideration of which a corresponding number of Mexican prisoners, rank and file, now in possession of the Government of Texas, shall be immediately released. The remainder of the Mexican prisoners that continue in possession of the Government of Texas to be treated with due humanity ; any extraordinary comforts that may be fur- nished them to be at the charge of the Government of Mexico.
ART. 10. General Antonio Lopez de Santa Anna will be sent to Vera Cruz as soon as it shall be deemed proper.
The contracting parties sign this instrument for the above-mentioned pur- poses, by duplicate, at the Port of Velasco, this 14th of May, 1836.
DAVID G. BURNET, ANTONIO LOPEZ DE SANTA ANNA.
JAMES COLLINGSWORTH, Secretary of State BAILEY HARDEMAN, Secretary of the Treasury
P. W. GRAYSON, Attorney-General.
GOLIAD, 25th May, 1836.
EXCELLENT SIR: When on the point of taking up my march with the army I have the honor to command, I received your Excellency's commu- nication announcing the agreements made by your Excellency with the Commander of the Texian forces. Previous to the reception of those agreements I was disposed to obey your prior orders, communicated to me officially ; in fulfillment of them I was already on my march, and continued therein on this very day; nor shall there be any other delay than what may be absolutely necessary for transporting the sick, trains, stores, and muni- tions of war, as is provided for in the treaty." Inasmuch as the said treaty is duly drawn up, agreed to, and ratified by your Excellency, in the character of President of the Republic, and Commander-in-Chief of the Army of Operations, I cannot fail to obey it in all its parts, and have acted in con- formity since the commencement. For I have scrupulously performed that part respecting property, prisoners and payment of what has been furnished to the army for its subsistence. Agreeably to the treaty aforesaid, I will also enter into arrangements with the Commander of the Texian forces for a mutual fulfillment of its stipulations and adjustment of claims which may arise. God and Liberty
VICENTE FILISOLA.
To His Excellency, General DON ANTONIO LOPEZ DE SANTA ANNA, Pres- ident of the Republic.
The preceding is the public treaty. The secret one, as found in Yoakum, Vol. 2, Appendix No. 5, page 528, is as follows :
-
278
HISTORY OF TEXAS.
SECRET AGREEMENT.
PORT OF VELASCO, May 14th, 1836.
Antonio Lopez de Santa Anna, General-in-Chief of the Army of Opera- tions, and President of the Republic of Mexico, before the Government established in Texas, solemnly pledges himself to fulfill the stipulations contained in the following articles, so far as concerns himself:
ARTICLE 1. He will not take up arms, nor cause them to be taken up, against the people of Texas, during the present war for Independence.
ART. 2. He will give his orders that in the shortest time the Mexican troops may leave the Territory of Texas.
ART. 3. IIe will so prepare matters in the Cabinet of Mexico, that the mission that may be sent thither by the Government of Texas may be well received, and that by means of negotiations all differences may be settled, and the Independence that has been declared by the Convention may be acknowledged.
ART. 4. A treaty of comity, amity, and limits, will be established between Mexico and Texas, the territory of the latter not to extend beyond the Rio Bravo del Norte.
ART. 5. The present return of General Santa Anna to Vera Cruz being indispensable for the purpose of effecting his solemn engagements, the Gov- ernment of Texas will provide for his immediate embarkation for said port.
ART. 6. This instrument being obligatory on one part, as well as on the other, will be signed in duplicate, remaining folded and sealed until the negotiations shall have been concluded, when it will be restored to His Excellency, General Santa Anna-no use of it to be inade before that time, unless there should be an infraction by either of the contracting parties.
ANTONIO LOPEZ DE SANTA ANNA, DAVID G. BURNET.
JAMES COLLINGSWORTH, Secretary of State.
BAILEY HARDEMAN, Secretary of the Treasury.
P. W. GRAYSON, Attorney-General.
East Texas had escaped actual invasion, though suffering much from the expected arrival of Gaona, who was known to be on the march for Nacogdoches. That portion of the province had a considerable population of Mexicans, who, owing to controversies about old land titles and claims, cher- ished no good feeling for their American neighbors. They also suspected the fidelity of the numerous bands of Indians who had squatted on land claimed by the Cherokees and their associate bands. It was feared that any disaster to the Texans would be seized upon by these Indians, who might murder the settlers to secure their lands. Fortu- nately, John A. Quitman, of Mississippi, arrived in Nacog-
279
SANTA ANNA A PRISONER.
doches early in April, with a small military company, which afforded ample protection to families, whether remaining on Texas soil, or crossing the Sabine river into Louisiana.
Although the great victory at San Jacinto had, for the time, banished Mexican soldiers from the soil of Texas, except as prisoners of war, it still left many embarrassing questions for the solution of the Government ad interim. The army had moved to the west to see that the retreating Mexicans observed the provisions of the treaty. As the time expired for which they had severally enlisted, they were discharged; but volunteers continued to arrive and swell the ranks, until there were nearly two thousand men in camps. But the country had been deserted by its inhab- itants, and overrun by the Mexicans, and provisions were exceedingly scarce. Under these circumstances the men became dissatisfied ; and citizens had reason to complain that their horses and cattle, and even their corn for bread and for seed, were taken by parties of soldiers, without officers, who were constantly passing through the western settlements. After proceeding as far west as Goliad, and seeing the Mexicans safely out of the country, General Rusk collected the remains of the victims of the Fannin massacre, and had them decently interred. He then returned to the neighbor- hood of Victoria.
The most difficult and embarrassing question was the disposition to be made of the captive President of Mexico. The President and three members of his cabinet were for releasing him and sending him home according to the literal terms of the treaty, which all parties had signed. But two members were violently opposed to this, and wanted him tried by a drum-head court-martial. The Texas schooner Invincible, commanded by Captain J. Brown, was at Velasco, and on the 1st of June, Santa Anna, Almonte, Munez, and Caro were placed on board to be sent to Vera Cruz. Messrs. Zavilla and Hardeman were to go out as Commissioners, to negotiate a treaty with Mexico. The people, generally, dis-
280
HISTORY OF TEXAS.
approved this step. A public meeting was held, and resolutions passed, demanding that the prisoners be brought back on shore. To add to the difficulties, on the 2d of June a number of volunteers arrived from New Orleans, under T. Jefferson Green, who threatened hostile demon- strations if the vessel was allowed to sail with the prisoners. Such was the excitement, that the President reluctantly yielded to the clamor; Santa Anna and his suite were dis- embarked, and taken in charge by the military, and kept in close confinement, until after the meeting of Congress.
During this excitement, every member of the Cabinet threatened to resign, and let the Government dissolve; but Burnet induced them to retain office until an election could be ordered .* In the meantime, the excitement had reached the army, and at a mass meeting of the soldiers a resolution was passed ordering Burnet's arrest. The first intimation he had of this state of feeling was the receipt of an angry letter signed by a large number of the officers, from which we make a short extract :
" The subject of General Santa Anna, we heard with indignation. That the proposition has been seriously debated by you and your Cabinet as to
*President Burnet gives this account of the feeling of his cabinet officers, during this trying period : "The violent and dictatorial language of the army, the pragmatic and senseless denunciation of the newly arrived vol- unteers, and the overheated anathemas of many citizens, all concentrated in one portentious mass upon the members of the administration, and especially on myself, were well calculated to weary the patience of men who had rather consented to discharge the arduous duties, than courted the honors or emoluments of office. At the moment the tumult had reach- ed its acme of excitement, it was seriously proposed in Cabinet council to make a simultaneous surrender of the Government to the people, the foun- tain of all political power. The proposition was, I believe, congenial with the individual feelings of every member present; but I resisted it, on the ground that an abandonment at such a juncture, would throw Texas into irretrievable anarchy and confusion. I felt, in common with my associates, the injustice and the cruelty of the denunciations against us ; but I also felt that the well-being of the country demanded a sacrifice of feeling; and I preferred being abused for a season, to the abdication of my office and the jeopardizing of every hope of success in the great enterprise, the establish- ment of the independence of Texas, to which I had solemnly pledged my utmost exertions."
281
ATTEMPT TO ARREST BURNET.
the policy of turning him loose, and that some of you propose his liberation. That we should suspect the purity of the motive which suggested such a policy, you must not doubt. It is well known by whom he was captured, and at what risk, and we will not permit him to be liberated until a consti- tutional Congress and President shall determine that it is expedient; and should he be liberated without the sanction of Congress, the army of citizen soldiers will again assume the privilege of putting down the enemies of Texas."
The excitement against Burnet rose to such a high pitch that, early in July, at a mass meeting of the soldiers in camp, a resolution was passed denouncing him and order- ing his arrest. Lieutenant-Colonel Millard, of the regulars, was deputed to proceed to Velasco, take the President, and carry him to camp for trial. Millard took only a few men with him, and those were not of the most reliable charac- ter. It was intended to keep the object of their mission a secret ; but one of the men got drunk and betrayed them. It was further fortunate for Burnet that Millard found Major A. Turner, then in command of Galveston, at Velas- co. As Turner was of the same regiment, Millard commu- nicated to him the object of his visit, and requested Turner to assist him in its accomplishment. Turner, who was a warm personal friend of the President, at once notified him of the intended arrest. Of course Burnet was indignant, and denied the authority of the army to interfere with the civil government. *
In the mean time, the report started by the drunken sailor had gained a wide circulation, and produced a pro- found impression. It instantly cemented the hitherto discordant members of the Cabinet; and as it spread throughout the adjacent settlements, roused the people to
*The order to Turner was very comprehensive. It read: "You are here- by ordered to proceed (from Quintana), to Velasco, and arrest the person of David C. Burnet; take into your possession the books and papers of his office; and you will also take into your possession the books, papers and records of the Secretaries of State, of War, and of the Treasury, and them safely keep, and report forthwith.
[Signed]
H. MILLARD."
282
HISTORY OF TEXAS.
the danger in which the civil government was placed. They rushed to Velasco, determined to stand by the President, and some of them contrived to send word to Millard, that Judge Lynch was preparing to sit on his case. Millard became alarmed, and he and his companions left in hot haste for the West.
About this time, news of a threatening character came from Mexico. Messrs. Karnes and Teel, who had been sent as commissioners to see that the terms of the treaty, in reference to prisoners, were strictly complied with, had been arrested, and detained at Matamoras. They there found Major Miller, who had been taken at Copano, just before the Fannin Massacre. These prisoners sent word to Texas that the Mexicans were making formidable prepara- tions for a second invasion of Texas. When this informa- tion reached General Rusk, he issued stringent orders, revoking all furloughs, and for recruiting the army. Pres- ident Burnet issued a proclamation for the enrollment of the militia and the increase of the army. It was evident that there were Mexican emissaries poisoning the minds of the Indians in East Texas ; and as most of these tribes were immigrants from the United States, General Gaines was appealed to, to preserve the peace; and he took efficient steps to do so.
This threatened Mexican invasion was prevented by a revival of the efforts of the Federal party, now that Santa Anna was a prisoner in Texas. . When the Texans ascer- tained that the Mexicans were not coming against them, propositions for the conquest of Matamoras were revived, and received the endorsement of the President and his Cabinet. But the absence of some of the vessels of the navy, which were expected to co-operate in the attack, frus- trated this project.
We have already stated that during the Provisional Government, the schooners "Liberty " and "Invincible " had been purchased for the navy. After the battle of San
ING. C.
A MEXICAN JACAL.
285
NAVAL OPERATIONS.
Jacinto, the Liberty conveyed General Houston to New Orleans, where, after lying at anchor for a considerable time, she was sold to defray her expenses. In April, 1836, the Invincible, commanded by Captain Jerry Brown, while on a cruise near Tampico, fell in with a Mexican war schooner, the Montezuma, and brought her to action, which lasted several hours, when the latter, in a disabled condi- tion, was stranded in attempting to enter the port. The Invincible was uninjured, and soon afterward captured the American brig Pocket, laden with stores for the Mexican army in Texas, and brought her into Galveston with a grateful supply for the victors of San Jacinto and their pris- oners of war.
After this valuable service, it was the intention of the government that the Invincible should convey Santa Anna and suite, and Messrs. Zavalla and Hardeman, the Texas Commissioners to negotiate a final treaty with Mexico, to Vera Cruz. But this was frustrated by the interference of the people. After another successful cruise on the Mex- ican coast, the vessel was ordered to New York to be refit- ted. Another vessel, the Brutus, Captain William Hurd, had also been procured. This vessel was absent, without orders, when the Texans were preparing for a descent upon Matamoras; and this frustrated their design, as they required the vessel to transport troops and munitions of war to the mouth of the Rio Grande. She made her way to New York.
During the summer, Major Isaac W. Burton, with a company of mounted rangers, occupied the coast near Copano. On the 2d of June, they succeeded in decoying on shore the boat belonging to a Mexican supply vessel, the Watchman, loaded with provisions for the Mexican army. She was captured, and while waiting for favorable winds to sail to Velasco, two other supply vessels, the Comanche, and the Fanny Butler, appeared on the coast, and were captured and taken to Velasco. These captures
286
HISTORY OF TEXAS.
amounted to some twenty-five thousand dollars, and gave Burton's men the name of " Horse Marines."
About the first of June, President Burnet dispatched Messrs. James Collinsworth and Peter W. Grayson, as Com- missioners to the United States, to secure the recognition of Texan independence, and establish diplomatic relations between the two countries. Messrs. Austin, Archer and Wharton, the former Commissioners, after accomplishing all in their power, returned to Texas, soon after the great battle which secured our independence. When Messrs. Collinsworth and Grayson reached Washington, Congress had adjourned; but President Jackson sent Henry M. Morfit as Commissioner to inquire into the condition of Texas, and report. Mr. Morfit's report estimated the pop- ulation at 52,670, *
The country was now comparatively quiet, and all fears of an invasion from Mexico had disappeared. On the 12th of July, President Burnet issued a proclamation, prohibit- ing the impressment of private property for the use of the army, and on the 14th he revoked all commissions held by persons not actually in the army or navy.+
* The details of this report were as follows.
Anglo-Americans, 30,000 Mexicans: at San Antonio, 2,000; Nacogdoches, 800; La Bahia, (Goliad) 500 .; Victoria, 120; San Patricio, 50, 3,470 Indians: Wacoes, 400; Towokonees, 200; Tonkowas, 800; Coshot- tees, 350; Alabamas, 250; Comanches, 2,000; Cadoes, 500; Lip- ans, 900 ; Small Bands, 800; to which add the civilized Indians, Cherokees, Kickapoos, Choctaws, Chickasaws, Pottawotamies, Delawares and Shawnees, 8,000, 14,200
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