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 22
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JOINT RESOLUTION FOR ANNEXING TEXAS TO THE UNITED STATES.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress doth consent that the territory properly included within, and rightfully belonging to, the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of goverment adopted by the people of
Land Office; Charles Mason, Auditor; George W. Terrill and Ashbel Smith, Ministers to Great Britain, France and Spain; James Reiley and David S. Kauffman, Ministers to the United States; William D. Lee, Sec- retary of Legation.
At the election held on the third Monday in December, for Governor,
· &c .. the following was the result of the vote: For Governor, J. P. Hender- son, 7,853 ; Dr. J. P. Miller, 1,673 ; scattering, 32. For Lieutenant Governor, Albert C. Horton, 4,204; N. II. Darnell, 4,084.
1
350
HISTORY OF TEXAS.
said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union.
2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, to-wit: First-said State to be formed subject to the adjustment by this Government of all questions of boundary that may arise with other goverments,-and the Constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, 1846. Second-said State, when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy yards, docks, magazines and armaments, and all other means pertaining to the public defence, belonging to the said Republic, shall retain all the public funds, debts, taxes and dues of every kind which may belong to or be due and owing to the said Republic; and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic of Texas, and the residue of said lands, after discharging said debts and lia- bilities, to be disposed of as said State may direct; but in no event are said debts and liabilities to become a charge upon the Government of the United States. Third-new States of convenient size, not exceeding four in num- ber, in addition to said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution ; and such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes, north lati- tude, commonly known as the Missouri Compromise Line, shall be admit- ted into the Union with or without slavery, as the people of each State ask- ing admission may desire; and in such State or States as shall be formed out of said territory north of said Missouri Compromise Line, slavery or involuntary servitude (except for crime), shall be prohibited."
Now, in order to manifest the assent of the people of this Republic ,as is required in the above recited portions of said resolutions, we, the Deputies of the people of Texas in convention assembled, in their name and by their authority, do ordain and declare that we assent to, and accept the propo- sals, conditions and guarantees contained in the first and second sections of the Resolution of the Congress of the United States aforesaid.
Mr. Mayfield moved the adoption of the Ordinance ; upon which question the ayes and noes were taken, and stood as follows :
Ayes-Messrs. President, Anderson, Armstrong of J., Armstrong of R., Baylor, Brashear, Brown, Burroughs, Caldwell, Cazncau, Clark, Cunning- ham, Cuney, Darnell, Davis, Evans, Everts, Forbes, Gage, Hemphill, Hen-
351
VOTE ON THE ORDINANCE.
derson, Hicks, Hogg, Horton, Holland, Hunter, Irion, Jewett, Kinney, Latimer of R. R., Latimer of L., Lewis, Love, Lumpkin, Lusk, Lipscomb, Mayfield, McGowan, M'Neill, Miller, Moore, Navarro, Parker, Power, Rains, Runnels, Scott, Smyth, Standefer, Taylor, Van Zandt, White, Wood, Wright and Young-55.
No-Mr. Bache-1.
I.OR R- Co.Sc
INDIAN WAR DANCE.
PART VI.
TEXAS AS A STATE.
FROM 1847 TO 1878.
CHAPTER I ..
HENDERSON'S ADMINISTRATION-COURTS-PUBLIC DOMAIN-TEXANS IN MEXICAN WAR-HORTON ACTING GOVERNOR-WOOD'S ADMINISTRATION-PUBLIC DEBT- SANTA FE, AGAIN-BELL'S ADMINISTRATION-THE UNITED STATES PROPOSE TO BUY SANTA FE-PEARCE'S BOUNDARY BILL-SANTA FE SOLD-DISPUTES ABOUT LAND IN PETER'S COLONY.
HE other States of the American union, when they became such, passed from a subordinate condition of colonies, or territories to the automatic condition of " States " -Texas on the contrary surrendered her nationality, and took, comparatively, a subordinate place as one of the members of the great confederacy. But in doing this, she was relieved of the burden of maintaining an army, a navy, a postal system, and a corps of diplomatic agents in foreign countries. From this time our history becomes more cir- cumscribed, and limited almost exclusively to our own · immediate territory.
Governor Henderson was inaugurated February 16th, 1846. The constitution which had been prepared by the convention of the previous year, and adopted by the people, fixed the Governor's term at two years, and invested him with the veto power, and provided for biennial sessions of the Legislature. The Supreme Court, having only appellate jurisdiction, was composed of one chief justice and two associates. The Legislature formed eight judicial districts. The justices of the supreme court and judges of district courts were to be nominated by the Governor, and confirmed by a two-thirds vote of the Senate, and were to hold office for six years.
358
HISTORY OF TEXAS.
At the last session of the Congress of the Republic, according to the report of the Commissioner of the General Land Office, the total amount of the public domain subject to location and unsurveyed, was 181,991,403 acres .*
Pending the annexation negotiations, the United States had kept on the Sabine an army of observation, con- sisting of two regiments of cavalry and one of infantry, under General Z. Taylor. On the 26th of June, 1845, this force, somewhat augmented, sailed from New Orleans and established military headquarters at Corpus Christi.
When the annexation bill passed the United States Con- gress, Mr. Almonte, the Mexican Minister at Washington, denounced the act and demanded his passports. War with Mexico was seen to be inevitable; and the Legislature passed a bill authorizing Governor Henderson to command the Texans who might be mustered into the service of the United States. Soon after General Taylor reached Corpus Christi he was reinforced by the arrival of the regiment of Colonel Twiggs, who had passed through Texas by land. Taylor had about 4,000 men with him then. This was about the middle of January. On the 8th of March, the advance division left Corpus Christi under Colonel Twiggs, and Taylor's army reached the Arroyo Colorado, thirty miles from Matamoras, on the 18th. On the 3d of May, the Mexicans bombarded Fort Brown. The battle of Palo Alto was fought May 8th, and that of Resaca de La Palma on the 9th, after which the army left the territory of Texas.
* Total amount of land issued by the various boards of land commissioners, 43,543,970 acres; of which the committee appointed to detect fraudulent claims, recommended 19,212,206 acres as good, the others, fraudulent. Amount issued by Department of War, as bounty and donation claims, 6,300,000. Total amount of land scrip sold by the late Republic, 368,787 acres-making the total legal claims issued by Texas 25,880,093 acres; while the claims reported fraudulent were 21,331,764 acres. Total amount issued by the Mexican authorities, a con- siderable proportion of which is supposed to be fraudulent, 22,080,000 acres.
359
HENDERSON'S ADMINISTRATION.
On the 2d of May, Texas was called upon for two regi- ments of cavalry and two of infantry .*
During Governor Henderson's absence from the State, the executive office was administered by Lieutenant-Gover- nor Hortont.
George T. Wood was inaugurated governor and John A. Greer lieutenant-governor, December 21st, 1847. For five years since the inauguration of General Houston for his second term, the public debt had remained in statu quo, except the accumulated interest. The previous Legislature had recommended the sale of the public lands to the United States, and the scaling of the public debt. In a message to the Legislature, December 29th, Governor Wood said : "The debt must be paid. The honor of the State must stand without blemish. We can never expect to attain a
* The following officers from Texas served for a longer or shorter period : J. P. Henderson, Major General of volunteers-staff, M. B. Lamar, Ed. Burleson, H. L. Kinney and Ed. Clark. First regiment, J. C. Hays, Colonel; S. H. Walker, Lieutenant-Colonel; M. Chevalie, Major. Second regiment, A. S. John- ston, Colonel; E. McLane, Lieutenant-Colonel, and Wells, Major. Third regiment, George T. Wood, Colonel; P. H. Bell, Lieutenant-Colonel, and C. E. Cooper, Major. Ben. McCulloch was captain of a spy company. According to Mansfield's Report, there were 6,672 Texans mustered into the service; 243 were discharged from disability; 39 killed in battle; 2 died of their wounds; 118 died of disease; 115 deserted, and the remainder served their time out. According to a report from the Adjutant-General's office of Texas, Texas fur- nished 8,018 men for the Mexican war. The Texans distinguished themselves in every battle. General Taylor complimented them very highly for their bravery, but is said to have found great difficulty in bringing them under the strict rules of military discipline.
t The returns from the election came in very slowly, especially from teh West, which voted strongly for Horton. When the Legislature met, it appeared from the returns then in, that N. H. Darnell was elected Lieutenant Governo.I, and he was accordingly sworn in, and for a few days presided over the Senate. Subsequent returns elected Horton, and Darnell promptly resigned. D. G. Burnet was Secretary of State ; John W. Harris, Attorney General; Jas. B. Shaw, Comptroller; James H. Raymond, Treasurer; Thos. Wm. Ward, Com- missioner of the Land Office, and Wm. C. Cooke, Adjutant General. At the election held in 1847, for governor, there were 14,767 votes polled; of which George T. Wood received 7,154, Dr. J. B. Miller 5,106, N. H. Darnell 1,276, and scattering 1,221. For Lieutenant Governor-J. A. Greer 4,890, E. H. Tarrant 3,567, Edwin Waller 2,979, and some scattering.
360
HISTORY OF TEXAS.
high and permanent prosperity until it is done; and the consummation of a purpose so noble calls for united and energetic action." On the 20th of March, 1848, a law was passed, the first section of which required all persons having claims against the late Republic to present them to the auditor and comptroller of public accounts by the first of November, 1849. Another section required the auditor and comptroller to classify all the claims presented under this act, reducing the same to the actual par value which may have been realized by the late Republic. In a message to the Legislature in November, 1849, Governor Wood recommended that Texas creditors be paid in land at fifty cents an acre. Such a law was passed, but very few creditors chose to take the land, and the debt was still unsettled when Wood went out of office.
Since the disastrous failure of the Santa Fe expedition, during Lamar's administration, no attempt had been made to extend the jurisdiction of Texas over that distant portion of the State. In 1846 General Kearney had taken posses- sion of Santa Fe in the name of the United States. In the treaty of Guadalupe Hidalgo, February 22d, 1848, Mexico had ceded that territory to the United States, and Colonel Munroe, of the U. S. Army, was in command there.
In 1847, Governor Henderson had called the attention of the Legislature to our claim to Santa Fe; and in 1848 a bill passed the Legislature extending the laws of Texas over that portion of New Mexico east of the Rio Grande river, and Judge Beard was sent there to hold District Court. Colonel Munroe paid no attention to the Texas Judge, and proceeded to order an election of a territorial delegate to the United States Congress. Gov. Wood requested the Legislature to put the whole military power of the State under his control, that he might enforce the claim ; but in a correspondence with the State Department at Washington, he was notified that if Texas attempted a forcible possession of Santa Fe, the Texans would be
361
BELL'S ADMINISTRATION.
treated as intruders. In the heat of the controversy, some of our writers contended that if the delegate from New Mexico was admitted to his seat in Congress, the Texas delegates should withdraw, and the State resume her sepa- rate nationality. This question, like that of the settlement of the public debt, was left for the next administration. *
At the election in the fall of 1849, P. Hansborough Bell was elected Governor, and John A. Greer, re-elected Lieutenant-Governor. +
P. Hansborough Bell was inaugurated Governor Decem- ber 21st, 1849, and held the office for two terms, having been re-elected in 1851. At the period of his inauguration the Santa Fe question occupied the attention of the people, not only of Texas, but of the United States; and at one time threatened to create a serious disturbance between the Northern and Southern States; the latter generally taking sides with Texas. This question became linked with that other harrassing one, the payment of our public debt. Our creditors were becoming clamorous for a settlement; and were sending urgent petitions to Congress, assuming that the United States, by taking the customs revenue of the late Republic, had become responsible for the payment of such debts as had been contracted on the faith of the Republic pledging the customs receipts for their liquida- tion.
On the 16th of January, 1850, Mr. Benton introduced into the United States Senate a bill providing, among other things, that if Texas would cede to the United States a certain portion of territory, and relinquish all claim on the
* Officers of the executive department during Wood's administration : Secretary of State, W. D. Miller; Attorney Generals, J. W. Harris, H. P. Brewster; Comptroller, James B. Shaw; Commissioner of Land Office, Thomas Wm. Ward; Adjutant-General, John D. Pitts; Auditor, J. M. Swisher.
t In this election there were 21,715 votes cast. P. H. Bell received 10,310; G. T. Wood, 8.764; J. T. Mills, 2,632. For Lieutenant-Governor, J. A. Greer, 10,599; J. W. Henderson, 6,981; Johnson, 1,289.
362
HISTORY OF TEXAS.
United States "for liabilities of the debts of Texas," &c., the United States would pay to Texas the sum of fifteen million dollars, in five per cent. stocks, redeemable fourteen years after date.
On the 29th of the same month, Mr. Clay introduced one of those " compromise measures " for which he was distinguished. This provided for settling several irritating questions ; such as the admission of California; the estab- lishment of the boundary line between Texas and Mexico; the abolition of the slave trade in the District of Columbia, and the modification of the Fugitive Slave Act. The fourth resolution of this bill was as follows :
*"Resolved, That it be proposed to the State of Texas, that the United States will provide for the payment of all that portion of the legitimate and bona fide public debt of that State, contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of $-, in consideration of the said duties so pledged being no longer applicable to that object, after the said annexation, but having thenceforth become payable to the United States; and upon the condition, also, that the said State of Texas shall, by some solemn and authentic act of the Legislature, or of a convention, relinquish to the United States any claim which it has to any part of New Mexico."
Congress proceeded slowly with the settlement of this perplexing question. On the 5th of August, Mr. Pearce introduced what has since been denominated the "Bound- ary Bill ;" a bill that finally became a law. In the debate upon this bill, the speakers generally disclaimed any right which Texas legitimately had to the territory of Santa Fe. The following, from the speech of Mr. Moore, of Pennsylva- nia, illustrates the general tone of the debate :
"And here let me say that, while I may, perhaps, be willing to vote for a reasonable sum to Texas in the settlement of this question, not one dollar of it would I vote as a remuneration for the territory which she thus claims ; but because I feel that, having annexed that State to this Union, and taken all her means of revenue, we are, in a measure, at least equitably, if not legally, responsible for the debts due from her at that time, and for the liquidation of which debts these revenues were pledged."
SCENE NEAR FORT MASON.
365
THE BOUNDARY BILL.
In the discussion on this subject, it was generally con- ceded that all the debts contracted by the late Republic were upon the faith of the revenue derived from customs, and it became a question of some moment as to the amount of said debts. According to Gouge's Fiscal History, the public debt of Texas, at different periods, was as follows : In 1836, $267,534 ; in 1837, $1,090,984; in 1838, $1,886,525; in 1839, $3,102,083; in 1840, $5,485,502; in 1841, $7,704,- 328; and in 1851, with accumulated interest, $12,436,991. But we have already stated that the Auditor and Comptrol- ler, under the direction of the Legislature, and with the assistance of a Legislative committee, had scaled this debt to a sum supposed to be equal to the par value received by the late Republic. In his speech before the Senate, Mr. Pearce fixes the equitable debt at a little less than $4,500,000.
On the 9th of August, Mr. Pearce's bill was engrossed for a third reading, and finally passed the Senate by a vote of thirty to twenty. And on the 4th of September, it passed the House without amendment, by a vote of one hundred and eight to ninety-seven. It may not be improper to state that the creditors of Texas had marshalled in force in the lobby at Washington, and were energetically at work to secure the passage of the bill. For the benefit of our readers we copy the act in full :
AN ACT proposing to the State of Texas the establishment of her north ern and western boundaries, the relinquishment by the said State, of all territory claimed by her exterior to said boundary, and all of her claims upon the United States.
Be it enacted, etc : That the following propositions be, and the same are hereby offered to the State of Texas, which, when agreed to by the said State, in an act passed by the General Assembly, shall be binding and obligatory on the United States and upon the said State of Texas ; pro- vided, that the said agreement by the said General Assembly shall be given on or before the first day of December, 1850.
1st. The State of Texas will agree that her boundary on the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minutes north latitude, and shall run from said point due west to the meri- dian of one hundred and three degrees west from Greenwich ;- Thence her
366
HISTORY OF TEXAS.
boundary shall run due south to the thirty-second degree of north latitude to the Rio Bravo del Norte, and thence with the channel of said river in the Gulfof Mexico.
2d. The State of Texas cedes to the United States all her claim to the territory exterior to the limits and boundaries which she agrees to estab- lish by the first article of this agreement.
3d. The State of Texas relinquishes all claim upon the United States for liability for the debts of Texas, and for compensation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, custom house revenue, arms and munitions of war, and public buildings, with their sites, which became the property of the United States at the time of annexation.
4th. The United States, in consideration of said establishment of bounda- ry, cession of claims to territory, and relinquishment of claims, will pay to the State of Texas the sum of $10,000,000, in stock bearing five per cent. interest, and redeemable at the end of fourteen years; the interest payable half-yearly at the Treasury of the United States.
5th. Immediately after the President of the United States shall have been furnished with an authentic copy of the act of the General Assembly of Texas accepting the propositions, he shall cause the stock to be issued in favor of the State of Texas, as provided for in the fourth article of agree- ment: provided, that not more than five millions of said stock shall be issued until the creditors of the State, holding bonds and other certificates of stock of Texas, for which duties on imports were specially pledged, shall first file at the Treasury of the United States releases of all claims against the United States for or on account of said bonds or certificates, in such forms as shall be prescribed by the Secretary of the Treasury, and approved by the President of the United States: provided, also, that nothing herein contained shall be construed to impair or qualify anything contained in the third article of the second section of the joint resolution for annexing Texas to the United States, approved March 1st, 1845, either as regards the number of States that may hereafter be formed out of the State of Texas, or otherwise."
The Boundary Act was signed by the President on the 7th of September, and immediately communicated to the Executive of Texas, who convened the State Legislature in extra session at Austin. During the Congressional discus- sions on the bill, a violent opposition to the measure was displayed in Texas, especially to that provision which retained in the United States Treasury five millions of the bonds until the Texas creditors were paid off. This seemed to throw suspicion upon Texas, and to imply that she would not promptly pay her indebtedness, even if the United States furnished the means. Again, there was opposition
367
CONTROVERSY AND LITIGATION.
to parting with any of her territory. Moreover, a certain class of politicians denounced the measure, because, as they asserted, the Federal Government assumed too imperious a tone towards a sovereign State. But the act required an unconditional assent, and gave but a few weeks for consid- eration.
In Governor Bell's message, he advised the military occu- pancy of Santa Fe; but suggested that Texas might be willing to sell the vacant land there, provided the territory was still left under the jurisdiction of the State. But when the Legislature came to discuss the merits and demerits of Pearce's bill, the opposition finally yielded, and on the 25th of November a law was passed, accepting the propositions made by the United States in the bill; after reciting the provisions of which it declares :
1st. That the State of Texas hereby agrees to and accepts said proposi- tions ; and it is hereby declared that the State shall be bound by the terms thereof, according to their true import and meaning.
2d. That the Governor of this State be, and he is hereby requested to cause a copy of this act, authenticated under the seal of the State, to be furnished to the President of the United States, by mail, as early as prac- ticable.
The act was to take effect from and after its passage. *
There has been a great deal of controversy and no little litigation in Texas, growing out of what is called "premium lands," given to empresarios, and companies introducing immigrants under contracts. During Bell's administration a serious difficulty arose between the settlers and the agents of the company that settled Peters' colony. The company claimed immense tracts of lands which colonists had located and improved. When Mr. Hedgecoxe, the agent of the company, attempted to run off these premium lands, he was
* It will be seen that Texas sold 98,380 square miles, equal to 56,249,640 acres. Had Mr. Clay's bill passed, we should have lost much more, includ- ing all that portion of the staked plains included in the fifty odd counties laid off by the Legislature in 1876.
368
HISTORY OF TEXAS.
driven off by the people who occupied them. This led to an investigation, when it was discovered that the company laid claim to over a million of acres of land more than they were entitled to. Of course their claim was disallowed, and the land saved to the bona fide settlers.
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