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 26
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410
HISTORY OF TEXAS.
The Convention met on the 10th of February, and organ- ized by electing J. W. Throckmorton, President, and Wm. Chalmers, Secretary. The Governor, in his message, ex- pressed his views freely on the relation of freedmen to the political institutions of the country. We give some sen- tences : " I believe it would be unwise to exclude the freed- men in our midst from the exercise of political privileges, by making the enjoyment of these privileges to depend upon the accident of birth or color. I wish to be perfectly frank in the statement of my views, but I do not wish to be misunderstood. I do not believe that the great mass of freedmen in our midst are qualified by their intelligence to exercise the right of suffrage, and I do not desire to see this privilege conferred upon them. But I think that pro- gress is the great law of mind, under every free government, and I do not believe that any policy can be enduring or permanent in this country, which is based upon accidental circumstances, and "the traditions of prejudice, instead of being founded upon the eternal principles of truth and justice." " I believe it would be wise to regulate the qualifications of those who are to become voters hereafter, by rules of universal application." The Governor adds: "Justice requires that the National Gov- ernment shall see to it, that this now despised and degraded race shall be protected in the beneficial enjoyment of the great boon which has been accorded to them. Any system of laws, therefore, intended to deprive them of the actual fruits of liberty, will meet with resistance from the Con- gress of the United States."
The Convention completed its work and adjourned April 2d. The general election was held on the 4th of June. The Constitution was adopted; J. W. Throckmorton was elected Governor, and G. Wash. Jones, Lieutenant-Gover- nor ยท*
* Executive Officers under Hamilton: James II. Bell, Secretary of State ; William Alexander, Attorney-General; A. H. Latimer, Comptroller; S. Harris, Treasurer; R. M. Elgin and Joseph Spence, Land Commissioners.
411
THROCKMORTON'S ADMINISTRATION.
J. W. Throckmorton was inaugurated Governor, August 13th, 1866. The Legislature then in session adopted all necessary measures for the complete restoration of civil law. It was the misfortune of Governor Throckmorton that the whole plan of reconstruction, as carried forward by President Johnson, was unacceptable to Congress, and it soon became manifest that he would meet with serious embarrassments in administering the State Government. Though an original Unionist, having voted in the Conven- tion of 1861 against secession, he was elected Governor by the Democrats in opposition to Mr. Pease, the Republican candidate.
Early in February, a bill was introduced into Congress for the more efficient government of the insurrectionary States. We copy the preamble :
"Whereas, The pretended State Governments of the late so-called Con- federate States of Virginia, North Carolina, South Carolina, Georgia, Mis- sissippi, Alabama, Louisiana, Florida, Texas and Arkansas, were set up without the authority of Congress, and therefore are of no constitutional validity ; and whereas, They are in the hands and under the control of the unrepentant leaders of the rebellion, and afford no adequate protection for life or property, but countenance and encourage lawlessness and crime ; and whereas, It is necessary that peace and good order should be enforced in the said so-called States, until loyal and republican State governments can be legally formed ; therefore," &c., &c.
During the discussion of the bill, Mr. Pearce offered the following on the subject of universal manhood suffrage, which was adopted by a vote of 60 to 40 :
" Be it enacted, that the 14th article of the Constitution amendment being ratified by the Legislatures of the requisite numbs. of States, the same is
At the election there were 48,519 votes for the Constitution, and 7,719 against it. For Governor, Throckmorton received 18,631 votes, and E. M. Pease, 12,051. For Lieutenant-Governor, Jones, 48,302; L. Lindsay, 8,714.
During Hamilton's administration, a tax of twelve and a half cents on the $100 was collected. The receipts into the Treasury amounted to $344,446; and the expenditures to $233,203; leaving a handsome balance in the Treasury.
412
HISTORY OF TEXAS.
hereby declared ratified and a part of the Constitution. When any State, lately rebellious, ratifies the same and modifies its Constitution and laws in accordance therewith, and which shall secure equal impartial suffrage to all male citizens of the United States over twenty-one years of age, one year in State and three months preceding election in precinct, without re- gard to race or color, or previous condition of servitude, except as disfran- chised by participation in the late rebellion, in elections for President, Members of Congress, Governor, State, county, district, city, parish and town elections, and shall constitutionally provide that all persons shall equally possess the right to pursue all lawful vocations, receive equal bene- fits of the public schools, equal protection and all rights of citizens in said State, and when said Constitution is submitted to the people of said State for ratification or rejection, and when the Constitution shall be ratified and submitted to Congress for examination and approval, shall be declared en- titled to representation, and representatives and senators therefrom shall be admitted on taking the oath prescribed by law."
Shellabarger offered an amendment declaring that until the rebellious States are admitted to representation, any civil govertment should be deemed provisional, subject to the authority of the United States, to be abolished, modi- fied or superseded at any time, and all elections under the civil government to be conducted by persons described in the fifth section, and no person should be qualified to hold office under the provisional government who was ineligible under the provisions of the third section of the constitu- tional amendment of last session. Adopted-yeas, 98, nays, 70.
This bill was vetoed by President Johnson, and passed over the veto ; in the House by a vote of 135 to 47, and in the Senate by 28 to 10. Louisiana and Texas constituted the Fifth Military District. Under this bill, General Sher- idan issued the following Order Number One, dated New Orleans, March 19th, 1867 :
"1. The act of Congress entitled " An act to provide for the more effi- cient government of the rebel States," having been officially transmitted to the undersigned in an order from the Headquarters of the Army, which assigns him to the command of the Fifth Military District created by that act, consisting of the States of Louisiana and Texas, he hereby assumes command of the same
"2. According to the provisions of the 6th section of the act of Congress above cited, the present State and Municipal Governments in the States of
Vetter se
CADDO CHIEF.
415
OFFICIAL COMMUNICATIONS.
Louisiana and Texas are hereby declared to be provisional only, and subject to be abolished, modified, controlled or superseded.
"3. No general removals from office will be made, unless the present incumbents fail to carry out the provisions of the law, or impede the reor- ganization, or, unless a delay in reorganizing should necessitate a change. Pending the reorganization, it is desirable and intended to create as little disturbance in the machinery of the various branches of the Provisional Governments as possible, consistent with the law of Congress and its suc- cessful execution, but this condition is dependent upon the disposition shown by the people. and upon the length of time required for reorganiza- tion.
" 4. The States of Louisiana and Texas will retain their present military designations, viz: 'District of Louisiana,' and 'District of Texas.' The officers in command of each will continue to exercise all their powers and duties as heretofore, and will in addition carry out all the provisions of the law within their respective commands, except those which specifically re- quire the action of the Military District Commander, and except in cases of removals from, and appointments to office."
Under this law a new registration of voters, including the newly enfranchised freedmen, became necessary. April 4th, General Griffin, in command at Galveston, addressed the following letter to Governor Throckmorton :
"SIR :- I have the honor to acknowledge the receipt of your communica- tions of the 28th and 29th ultimo, and shall deem it a privilege to avail myself of your offer of assistance in registering the qualified voters of the State.
" I am exceedingly anxious not to go out of the State for registers; and am desirous of obtaining the names of all persons, irrespective of color, that are qualified to act in this capacity-men that can take the oath of office as prescribed by act of Congress of July 2d, 1862, a copy of which is herewith enclosed.
" If possible, please favor me with the probable black and white vote of each county.
" I am very desirous to have the laws impartially executed, and no effort shall be spared, on my part, to bring out the full number of legal voters in this State.
" If the citizens accept the situation, come forward, and yield a cheerful obedience, there can be no trouble."
After receiving this communication, the Governor imme- diately sent circulars to the Chief Justices of the various counties, of which the following is a copy :
24
416
HISTORY OF TEXAS.
SIR :- In order to facilitate the labors of the military authorities in pro- viding for the registration of the legal voters under the recent acts of Congress, known as the Military Bill and Supplement thereto, it is necessa- ry that you furnish to this department, without delay, a list of all persons in your county, " irrespective of color," who are competent and qualified to act as Registers, and who can take the accompanying oath.
It is desired by Major-General Griffin, commanding, that each county, if possible, furnish its own Registers. You will therefore spare no pains to furnish the list at the earliest moment. Send at once, those who come with- in your personal knowledge; afterwards, such others as you may ascertain, noting particularly their business qualifications so far as practicable. The best men, that is, those who are most competent, and who will act fairly and promptly, should be noted.
You are further requested to give the number and name of each voting precinct in your county.
The probable number of whites who are entitled to vote under the laws of the State. The per centage of those disqualified to vote can be better ascertained here.
The probable number of colored entitled to vote under the acts of Con- gress.
I can not too strongly urge upon you, and through you, upon the people of your county, the propriety and absolute necessity at this juncture in affairs, of contributing, to the fullest extent, every aid possible, in order that the military authorities may be enabled to execute the acts of Congress with promptness and fairness.
On the 15th of April General Griffin issued an order forbidding all civil elections in Texas ; and soon afterward another ordering negroes to be placed on juries. Fifteen registration districts were formed, corresponding to the
* IRON CLAD OATH .- I, --- , do solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted, nor attempted to exercise the functions of any office whatever, under any authority in hostility to the United States ; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inim- ical thereto. And I do further swear that to the best of my knowledge and ability, I will support and defend the Contitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion ; and that I will well and faithfully discharge the duties of the office on which I am about to enter, So help me God.
417
SHERIDAN'S SPECIAL ORDER.
fifteen judicial districts created by the Legislature of 1866. While the work of registration was in progress, and the State Government endeavoring to harmonize itself with the views of the military commanders,* on the 30th of July the following Special Order Number 105 was issued by General Sheridan. in New Orleans :
" A careful consideration of the reports of Brevet Major-General C. Griffin, U. S. Army, shows that J. W. Throckmorton, Governor of Texas,
* As a further evidence of the willingness of Governor Throckmorton in good faith to adjust himself and the State to the new Reconstruction acts of Congress, we add some extracts from a letter addressed to Dr. Ashbel Smith : " I feel an abiding confidence that the people of Texas will not falter, or prove indifferent. Every citizen of the State, however exalted or humble his sphere, should feel that his country demands of him prudent and effi- cient service, and that his services may be more potent for good now than at any future period. Every one who is entitled should register and vote at the proper time, and those who are disfranchised should encourage others that are not. The best and wisest men, who are allowed to sit, should be selected for members of the Convention. No impediment should be thrown in the way of the newly-enfranchised class, but every reasonable means and encouragement should be extended to them in order that they may enjoy without hindrance their new privileges.
" They are in no wise responsible for the present state of things, and should this extraordinary enlargement of the right of suffrage tend to the destruc- tion of republican institutions, or to the demoralization and ruin of the blacks, they are not responsible. Hereafter they are to be, to the people of the South, an element of political power and strength, if wisely and properly treated.
"Therefore it is to be earnestly desired that all proper means should be used to direct these people to an intelligent and wise use of the high priv- ilege conferred.
"I am in correspondence with the military authorities upon the subject of inaugurating the details of reorganization, and have tendered the co-opera- tion of the civil authorities of the State in the execution of the law.
" I have invited attention to the necessity of having defined and promulga- ted the class of persons heretofore holding office who are excluded-that is to what extent the terms " Executive and Judicial officers" goes, etc. I shall make use of every means to aid those who are charged with the execu- tion of the law, and at the same time endeavor to possess myself of informa- tion necessary to enable the people of the State to act intelligently. I have an assurance from Major General Griffin that he will spare no pains to have a full and complete registry of all the legal voters in the State.
"Very respectfully, your obedient servant,
J. W. THROCKMORTON."
418
HISTORY OF TEXAS.
is an impediment to the reconstruction of that State, under the law. He is therefore removed from that office. E. M. Pease is hereby appointed Gov- ernor of Texas in place of J. W. Throckmorton, removed. He will be obeyed and respected accordingly."
E. M. Pease became Governor, by military appointment, July 30th, 1867. This was a period of bitter partizanship. Under the instructions, marked secret and sent by General Griffin to the different boards of registration, a very rigid rule was adopted, by which hundreds of men who believed themselves entitled to register were rejected. In the mean- time, General Sheridan had been removed from the com- mand of the Fifth military district, and General Hancock appointed in his place. The views of the latter differed radically from those of his predecessor. Hancock was opposed to the trial of civillians by the military, and declined to interfere, even at the request of Governor Pease.+
*Executive Officers: John A. Green, Secretary of State; William M. Walton, Attorney-General; W. L. Robards, Comptroller; M. H. Royston, Treasurer; Stephen Crosby, Land Commissioner; Davis Guerly, Adjutant- General.
Justices of Supreme Court: George F. Moore, Chief Justice; R. Coke, S. P. Donley, A. H. Willie, and George W. Smith, Associates. Judges Watrous, and Duval, Judges of the United States District Court.
David G. Burnet and Oran M. Roberts were elected Senators; and Geo. W. Chilton, B. H. Epperson, A. M. Branch, and C. C. Herbert were elected to the United States House of Representatives, but were not admitted to theirs seats.
A murder had been committed in Uvalde county. Three men were in confinement for the crime. Judge Noonan wrote a letter to Governor Pease in which he asked: " Would it not be well to try them by military commis- sion?" This was transmitted to General Hancock, and answered by Colonel W. C. Mitchell, Secretary of Civil Affairs, by order of the Commanding General. We copy a few paragraphs:
" In his view it is of evil example, and full of danger to the cause of free- dom and good government, that the exercise of the military power, through military tribunals created for the trial of offenders against the civil law, should ever be permitted, when the ordinary powers of the existing State Governments are ample for the punishment of offenders, if those charged with the administration of the laws are faithful in the discharge of their duties.
" If the means at the disposal of the State authorities are inefficient to
419
SECRET INSTRUCTIONS.
When General Hancock was furnished with the " secret " instructions given by General Griffin to the registrars, he became satisfied that many entitled to registration had been refused; and on the 11th of January, 1868, he issued a counter "order ;" from which we make an extract :
" In consequence of this, and as the time for the revision of the registra- tion in the State of Texas is now at hand, and the duty of making the revision will, it is probable, in a great degree, be performed by persons who are members of the Boards of Registration, to which the " memoranda" in question were distributed for their guidance, the Major General command- ing deems it of importance that the members of the Board of Registration, and the people at large, should be informed that the "memoranda" before referred to, distributed from the headquarters of this military district, are null and of no effect, and are not now to be regarded by the Boards of Registration in making their decisions ; and that the members of the Boards are to look to the laws, and to the laws alone, for the rules which are to govern them in the discharge of the delicate and important duties imposed upon them.
" For this purpose they will be furnished with copies of the Acts of Con- gress relating to this subject, and of the amendment (known as Article XIV.) to the Constitution of the United States.
" In case of questions arising as to the right of any individual to be regis- tered, the person deeming himself aggrieved is entitled to his appeal from
secure the confinement of the persons named in the communication of the Governor of the State of Texas to the General commanding there, until they can be legally tried, on the fact being made known to him, the com- mander of the district will supply the means to retain them in confinement; and the commanding officer of the troops in Texas is so authorized to act. If there are any reasons in existence which justify an apprehension that the prisoners cannot be fairly tried in that county, let the proper civil officers have the venue changed for the trial, as provided for by the laws of Texas.
" In the opinion of the Commander of the Fifth Military District, the existing Government of the State of Texas possesses all the powers neces- sary for the proper and prompt trial of the prisoners in question, in due course of law.
" If these powers are not exercised for that purpose, the failure to exer- cise them can be attributed only to the indolence or culpable inefficiency of the officers now charged with the execution and enforcement of the laws under the authority of the State Government ; and if there is such a failure, in the instance mentioned, on the part of those officers, to execute the laws, it will then become the duty of the Commander to remove the officers who fail to discharge the duties imposed on them, and to replace them with others who will discharge them."
420
HISTORY OF TEXAS.
the decision of the Board, and the Boards are directed to make a full statement of the facts in such cases, and to forward the same to these head- quarters without unnecessary delay.
" By command of MAJOR GENERAL HANCOCK.
" GEORGE L. HARTSUFF, Assistant Adjutant General."
The want of harmony between Congress and the Presi- dent exhibited itself in frequent changes of commanders in the South. General Sheridan represented the Congres- sional element, and was appointed by Mr. Stanton, Secretary of War. General Hancock, on the contrary, represented the views of President Johnson. Soon after the publication of Hancock's letter to Governor Pease, and the "order" repudiating the instructions of General Griffin, he was removed, and General J. J. Reynolds appointed to the Fifth Military District, which was soon restricted to Texas, Louis- iana having been reconstructed, and her Representatives admitted to their seats in Congress. Austin became the headquarters of the District.
Under the new regulations, every one who expected to vote was required to register, and present his certificate of registration at the polls. There were registered 56,678 white, and 47,581 colored voters. It is supposed that 25,000 whites were not registered, either through indiffer- ence, or because they were disfranchised. In order to secure a large vote, the law required that a majority of the registered voters should vote at the election ; but did not require that a majority of the whole should favor the calling of a Convention. But one place of voting was designated in each county ; and that at the county seat. The election occupied four days-February 10th-14th. Forty-four thou- sand, six hundred and eighty-nine votes were cast for the Convention, and 11,440 against it.
The Convention met in Austin, June 1st, 1866, and organized by electing Edmund J. Davis, President, and W. V. Tunstall, Secretary. When officially informed of the organization, Governor Pease sent a communication, from which the following paragraphs are extracted :
421
SENTIMENTS WIDELY DIFFER
" It is not my province to make recommendations for your action ; but I trust that it will not be considered improper for me to suggest that, in the Constitution you are about to form, it is expected-
" That you will declare that the pretended act of secession, and all laws that have been enacted in aid of the late rebellion, or repugnant to the Constitution and laws of the United States, are and were null and void from their inception; and that you will at once repeal all laws that make any discrimination against persons on account of their color, race or previous condition ;
" That you will provide for ascertaining and paying all debts that were owing by the State at the commencement of the rebellion, and prohibit the payment of any debts incurred in aid of the rebellion, or for the support of the rebel government during its progress;
" That you will secure equal civil and political rights to every inhabitant of the State, who has not forfeited these rights by participation in the late rebellion, or by conviction for crime ;
" That you will temporarily disfranchise a number of those who partici- pated in the rebellion, sufficient to place the political power of the State in the hands of those who are loyal to the United States Government;
" That you will make a liberal provision, by taxation upon property, for the immediate establishment of Free Public Schools for the education of every child in the State;
"That you will secure to every citizen of the State who has not heretofore received it, a reasonable amount of land out of the public domain for a homestead ;
" That you will adopt efficient measures to encourage immigration to our State from foreign countries, and to give aid and encouragement to such works of internal improvement as the necessities of our people require.
" All these measures are called for by the public sentiment of our loyal citizens, and are necessary, I think, to secure the future happiness and prosperity of all."
As the Convention progressed with its work it soon be- came manifest that its members, though acknowledged loyal Republicans, held sentiments widely differing from each other, on the questions deemed vital. In the summer of 1867, a few weeks before General Griffin died (with yellow fever) a petition was drawn up by Mr. William Alexander, and signed by a number of other gentlemen, requesting the General to " declare by military order, all pretended legis- lation done in Texas, dating from and after February 1st, 1861 (the date of the so-called ordinance of secession), to be, what the law holds it to be,-null and void from the beginning," i. e., ab initio. Because Governor Pease, in a
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