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 27
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422
HISTORY OF TEXAS.
proclamation, recognized the Constitution and laws of 1866, (subject to certain exceptions), as " rules for the government of the people of Texas, and the officers of the civil govern- ment, " Mr. Alexander resigned the office of Attorney Gen- eral, to which he had been appointed. Those members of the Convention who, with Mr. Alexander, believed that all laws and legislative enactments since the passage of the ordinance of secession were null and void, were called Ab Initios.
On the 20th of August, the Convention passed a bill appropriating $25,000 additional to defray its expenses. It was sent to General Reynolds for his approval. To this, the General replied on the 24th, as follows :
" Hon. E. J. DAVIS, President Constitutional Convention :
"SIR .- I have the honor to acknowledge the receipt of a resolution of the Convention, passed on the 20th instant, asking my approval of an additional appropriation of twenty-five thousand dollars to defray expenses.
" The Convention has been in session about eighty-five days, and has ex- pended an appropriation of one hundred thousand dollars.
"The present state of the treasury, the rate at which money is coming in, and the prospective current wants of the State, forbid the appropriation of any more money from the treasury for the expenses of the Constitutional Convention.
"The resolution is respectfully returned without approval."
Comparatively little progress had been made towards forming a Constitution, but as no more money could be drawn from the treasury to defray expenses, the Conven- tion adjourned on the 31st of August, to meet again on the 7th of December.
On reassembling in December, the contests between the two wings of the Republican party in the body became more marked and irreconcilable. On the question of suffrage, one party wished to disfranchise a large number who had been instrumental in passing the ordinance of secession and sustaining the Confederate cause, while the more liberal wished all the bona fide citizens of the State enfranchised. That party finally prevailed. Instead of the disfranchising
PLACIDO, CHIEF OF THE TONKAWAS.
425
HAMILTON'S SUBSTITUTE ADOPTED.
report of the committee, a liberal substitute, offered by ex- Governor Hamilton, was adopted. *
* We copy the section and the vote on the substitute:
" SECTION 1. Every male citizen of the United States of the age of twenty-one years and upward, not laboring under the disabilities named in this Constitution, without distinction of race, color, or former condition, who shall be a resident of this State at the time of the adoption of this Consti- tution, or who shall theretofore reside in this State one year, and in the coun- ty in which he offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that are now or that hereafter may be elected by the people, and upon all questions submitted to the electors on any election ;
"Provided, that no person shall be allowed to vote or hold office who is now or hereafter may be disqualified therefrom by the Constitution of the United States, until such disqualification shall be removed by the Congress of the United States.
"Provided further, that no person, while kept in any asylnm, or confined in prison, or, who has been convicted of felony, or who is of unsound mind, shall be allowed to vote or hold office."
Yeas-Messrs. Armstrong of Lamar, Armstrong of Jasper, Bell, Bel- linger, Bryant of Grayson, Buffington, Burnett, Carter, Cole, Curtis, Evans of Titus, Fleming, Gaston, Glenn, Gray, Hamilton of Travis, Harris, Harn, Kealy, Keigwin, Kirk, Leib, McCormick, McWashington, Morse, Mundine, Phillips of San Augustine, Posey, Rogers, Scott, Schutze, Sorrelle, Stock- bridge, Watrous, Williams, Wilson of Brazoria, Wright-37.
Nays-Messrs. President, Board, Butler, Degener, Downing, Fayle, Flan- igan, Hamilton of Bastrop, Hunt, Johnson, Jordan, Keuchler, Lippard, Long, Mackey, Mills, Mullens, Newcomb, Patton, Phillips of Wharton, Ruby, Slaughter, Smith, Thomas, Varnell, Wilson of Milam-26.
This bill passed on the 3d of February. On the 4th, the ab initio mem- bers of the Convention entered the following protest. It was signed by twenty-two members; some objecting to some of the statements. Mr. Davis, above his signature, writes: "I join in the above protest, except only that part which charges deception and intimidation on the part of the members."
"Hon. E. J. DAVIS, President of the Convention :
" SIR :- We, the undersigned, delegates to the Constitutional Convention of the State of Texas, do hereby express disapproval of the proposed Con- stitution adopted by a majority of this Convention.
" We object to it, because it is based upon the unwarranted assumption that the Constitution of the United States, with the treaties and laws made in pursuance thereof, and the accepted Constitution of the State of Texas (of 1845), have not been continuously the supreme law of the land. . Be- lieving as we do, that all pretended laws and judicial decisions made within the National limits, and not authorized by and subordinate to the Govern-
426
HISTORY OF TEXAS.
The Constitution was now nearly completed, and many of the members left for home. At the hour of meeting Febru- ary 6th, no quorum was present. General Canby had been in Texas since December 20th. President Davis read to the members present a letter from Gen. Canby, directing the records of the Convention to be turned over to the cus- tody of the assistant Adjutant-General of the district. Whereupon Mr. Davis directed the Secretary to turn over the Constitution adopted by this Convention, and all ordinances, declarations and resolutions adopted by the same, and books and records, to the Adjutant-General, as fast as the same could be arranged, written out and enrolled ; after which he declared the Reconstruction Convention adjourned
The Convention had ordered a general election in July, but President Grant had it deferred until the 30th of November and three following days.
On the 30th of September, Governor Pease tendered his resignation of the executive office, and for three months an
ment of the United States, were from the beginning and must remain null and void, and the undersigned will never compromise the principle for any supposed policy.
" We do most earnestly and solemnly protest against that provision in the proposed constitution which extends the right of suffrage to all those who voluntarily became the public enemy of the United States, feeling assured that it was the aim of Congress to enable the loyal people of the State of Texas, without regard to any distinction of race or color, to reorganize and maintain a government in the place of that overthrown by the rebellion, and we cannot forbear to express the conviction that the adoption by the majority of the Convention of the provision in regard to suffrage was ob- tained by virtue of a premeditated and deliberate deception, and by meth- ods of intimidation, which deserve the greatest censure. The majority of the Convention have deliberately removed from the Constitution every safe- guard for the protection of the loyal voter, white and black. They have stricken from that instrument the whole system of registry; they have re- pudiated the oath of loyalty contained in the reconstruction laws ; they have spurned the test of equal civil and political rights, and we do most solemn- ly call upon the registered voters of Texas to vindicate the National honor, and the cause of right and justice, by their votes."
14 :
427
RESIGNATION OF PEASE.
Adjutant in charge of civil affairs administered the execu- tive department of the State of Texas. *
* Executive officers during Pease's Administration : W. C. Phillips, Secre- tary of State; Wmn. Alexander and E. B. Turner, Attorneys General ; M. C. Hamilton, Comptroller ; John T. Allen, Treasurer ; Joseph Spence, Land Commissioner ; A. Morrill, Chief Justice; C. Colwell, A. J. Hamiltou, A. H. Latimer, and L. Lindsay, Associates. Mr. Latimer having resigned, M. D. Walker was appointed in his place.
Pease had served two terms as Governor of Texas, in a period of unex- ampled peace and prosperity ; and he felt the humiliation of being tram- melled and controlled by military commanders. In his message to the Convention he said: "The powers vested in the officers of the Provis- ional Government are exercised in subordination to the Commander of the Fifth Military District; and without his co-operation and assistance, all their efforts to execute the laws and preserve the public peace can avail but little. I regret to say that, in some instances, this co-operation and assistance have been withheld, and the acts of the provisional officers have been mis- represented and their recommendations disregarded. A knowledge of these facts has so emboldened and encouraged those who are disposed to disregard the laws that, in many instances, sheriff's have reported to this office that they were unable to obtain the aid of citizens to make arrests, because they feared personal violence from the parties and their friends."
The situation of Pease was very much like that of Murrah, the last Gov- ernor under Confederate rule. Murrah was under, first, Magruder and then Walker. Pease was under Sheridan, Griffin, Hancock, Reynolds and Canby. This species of civic-military rule was not satisfactory. In Mur- rah's message to the Legislature, he said: " Imperative duty requires of me to call your attention to the fearful demoralization and crimes prevailing throughout the State. In some sections society is almost disorganized-the voice of the law is hushed and its authority seldom asserted. It is a dead letter-an unhonored thing upon the unread pages of the statutes. Murder, robbery, theft, outrages of every kind against property-against human life-against everything sacred to a civilized people-are frequent and general. Whole communities are under a reign of terror, and they utter their dreadful apprehensions, and their agonizing cries of distress in vain. The rule of the mob-the bandit-of unbridled passions-rides over the solemn ordinances of the government. Foul crime is committed, and the criminal, steeped in guilt and branded by his own dark deeds with eternal infamy goes unwhipped of justice. Not even a warrant is issued for him- no effort is made by the sworn officers of the law, or by the community, to bring him to punishment. Too often the deed is excused-the community is divided in opinion as to the guilt, and the criminal is screened from justice-unless his offending chances to touch some peculiar influence, or prevailing notions-and then, without the forms of law, he is hung by a mob."
428
HISTORY OF TEXAS.
Under the direction of General Reynolds, who had been re-appointed to the command of the Fifth Military District, the general election was held November 30th-December 3d, 1869. *
In Pease's message to the Convention, he complains as follows: " It is not the part of wisdom to disguise from ourselves the true situation of affairs. Crime was never as prevalent in Texas as it is at this time. Since the first of December last, authentic information has been received at this office of two hundred and six (206) homicides, committed in only sixty-seven (67) of the one hundred and twenty-seven organized counties of the State, while but a small number of the perpetrators have been arrested and punished by the process of the law. This state of things has become so alarming that the people, in several instances, have taken the law into their own hands, and have executed the murderers without a trial-a proceeding which is always dangerous and greatly to be reprobated."
* The vote for the constitution was 54,477; against it, 4,655. For Gover- nor: E. J. Davis, 39,901; A. J. Hamilton, 39,092; Hamilton Stuart, 380. For Lieutenant-Governor; J. W. Flanagan, 35,401; Wells Thompson, 19,583; Boulds Baker, 10,327; A. H. Latimer, 6,801. No elections were held in the counties of Milam and Navarro. The reason assigned by the Commander was that they were in such a disturbed condition that a peaceful election could not be held. Though General Davis had signed the "protest" exhorting the loyal voters to defeat the proposed Constitution, when he entered the canvass for Governor he advocated its adoption, so that but few votes were finally cast against it. Total registered voters in 1869, 135,553 .. Whites, 78,648; colored, 56,905.
Soon after ascertaining the result of the election, the following special order appeared :
[Extract.]
AUSTIN, TEXAS, January 8, 1870. Special Orders-No. 6.
I. The following appointments to civil office are hereby made, the persons appointed having been elected to the positions designated: Edmund J. Davis, to be Governor; J. W. Flanagan, to be Lieutenant Governor; A. Bledsoe, to be Comptroller; G. W. Honey, to be Treasurer; Jacob Kuech- ler to be Commissioner of General Land Office.
The present incumbents will continue to discharge the duties of their respective offices until their successors appear in person and qualify.
By Command of * * *
BREVET MAJOR GENERAL REYNOLDS. H. CLAY WOOD, Assistant Adjutant General.
On the 11th of January another order was published, convening the Legislature, February 5th, 1870.
CHAPTER V.
DAVIS' ADMINISTRATION-TEXAS DELEGATES ADMITTED TO THEIR SEATS IN CONGRESS -MARTIAL LAW AGAIN-STATE POLICE-FRONTIER PROTECTION-THREATENED COL- LISION AT CLOSE OF HIS ADMINISTRATION-HAPPILY AVERTED-COKE'S ADMIN- ISTRATION-COUNTRY PROSPEROUS-CONSTITUTIONAL CONVENTION-HUBBARD'S ADMINISTRATION-LAWLESSNESS SUPPRESSED.
M R. DAVIS assumed the office of Governor, January 18th, 1870. The Legislature met, as called by the Commanding General ; ratified the new amendments to the Constitution of the United States ; elected United States Senators, and adjourned.
March 30th, the President signed the bill accepting the Constitution of Texas, and her Representatives and Sena- tors were admitted to their seats. On the 2d of April, Davis issued a proclamation announcing the restoration of Texas to her place in the Union. This he signed as Gov- ernor of Texas. Previous to this he had signed himself Provisional Governor. April 16th, General Reynolds, by special order, relinquished all control over the civil affairs of the State. The Legislature re-assembled April 26th ; and on the 28th, the Governor and Lieutenant-Governor were formally inaugurated. *
The Legisature, which met April 26th, continued in session until the 15th of August. This was a called session. Among the more important acts may be mentioned the one for organizing the military forces of the State. These
*Classed politically, the Legislature, which had been elected at the same time with the Governor, stood, in the Senate, 17 Republicans, (two of them colored), 7 Conservatives, and 6 Democrats. In the House, 50 Republicans, (8 colored), 19 Conservatives, and 21 Democrats.
430
HISTORY OF TEXAS.
were divided into two classes : the State Guard, composed of volunteer companies ; and the Reserve Military, which included all persons subject to military duty, not enrolled in volunteer companies. Any one might avoid military duty by paying fifteen dollars per year. All the troops were under the control of the Governor. The most impor- tant provision in the militia bill read as follows : "He shall also have power to declare martial law in any county or counties, and suspend the laws therein, whenever in his opinion the enforcement of the law of this State is ob- structed ; and he shall call out such part of the State Guard or Reserve Military as he may deem necessary. The ex- penses of maintaining such a force to be assessed upon the people of the county or counties where the laws are sus- pended, at the discretion of the Governor, whose duty it shall be to provide for the trial and punishment of offenders by court martial and military commissions."
Another bill authorized the Governor to organize a force of twenty companies for the protection of the frontier, and to sell the bonds of the State for their support. Another established a State police, in connection with the militia system, to be under the command of the Adjutant General, -to consist of about 260 officers and men.
A bill was also passed, requiring voters to register, and one laying down stringent rules for conducting elections. Thirty-five judicial districts were created, and the probate business transferred from the county to the district courts. Another bill created a system of free public schools through- out the State. An immense number of general and special laws were passed. We mention one more,-that which permitted those who had no homes, to locate upon the public domain. The law gave to each head of a family 160 acres, and to each single person eighty acres, but the land must be occupied as a homestead.
For nearly ten years Texas had been under a mixed government, partly civil, and partly military-the military
431
COLLISIONS BETWEEN THE FACTIONS.
element predominating. It was hardly to be expected that the people would, at once, return to the pacific, law-abiding condition of society at the breaking out of the war. Gov- ernor Davis had been a General in the Federal army-most of the people of Texas had been enlisted on the other side. The party spirit which had prevailed could not at once give place to mutual confidence. Time alone could modify the asperities engendered by the war.
The Conservative and Democratic parties protested against some of the provisions of the militia bill, especially that which empowered the Governor to proclaim martial law ; and the one for the employment of State police. Many of those enlisted in the State police were colored ; some of the officers were men objectionable on many grounds. Col- lisions occasionally occurred. *
Among the more important acts of the Legislature which re-assembled in January, 1871, was one authorizing counties
*A serious difficulty occurred in Huntsville, early in January, 1871. A negro named Sam. Jenkins, an important witness in a criminal case, was killed. Certain parties implicated in the killing were arrested by a party of State police, in charge of Captain M'Annelly. After being arrested they were aided by friends to escape, and in the melee Captain M. was wounded. After this, Governor Davis-January 20th-proclaimed martial law in Walker county, and a Provost Marshal was appointed, and a military com- pany from an adjoining county summoned to enforce the law. A military commission was convened, and Nat. Outlaw, one of the parties charged with the murder of the negro, was convicted and sent to the Penitentiary for five years. Some other parties were fined. On reviewing the testimony, the Governor released Outlaw, and restored the supremacy of civil law.
Another difficulty took place at Groesbeck. On the last day of Septem- ber, 1871, D. C. Applewhite was killed in the streets, by Mitch. Cotton and three colored policemen. Applewhite was charged with carrying con- cealed weapons. Attempts were made to arrest the men who did the kill- ing, when a serious disturbance arose, in which the whites were arrayed on one side and the colored people on the other. On the 10th of October, Governor Davis proclaimed martial law in Limestone and Freestone coun- ties. This order was revoked November 11th ; but the people were assessed for a considerable sum to defray expenses. In one other instance, (in Hill county), martial law was for a short time enforced.
432
HISTORY OF TEXAS.
and corporations, by popular vote, to grant subsidies to railroads. *
The Legislature met January 14th, 1873. Mr. Webster Flanagan, who had been elected President of the Senate at the previous session, resigned, and his place was filled by Mr. E. B. Pickett, a Democrat The tone of the Govern- or's message was conciliatory, and all parties manifested a disposition to repeal obnoxious laws, reduce public expenses and legislate for the benefit of the State. The Militia bill was so modified as to take from the Governor the authority to declare martial law ; the State police was disbanded, and the election law and the school law materially changed. Precinct elections were restored, and only one day set apart for elections, instead of four.
At the election held in December, 1873, the Democrats elected all the State officers, the Congressmen from all the districts, and a majority of both branches of the Legislature.
After the election, an ex parte case, brought before the Supreme Court on a writ of habeas corpus, brought up the constitutionality of the election law. The Court decided the law unconstitutional, and Governor Davis issued a procla- mation, January 12th, (the day before that fixed for the meeting of the Legislature) prohibiting that body from assembling. The two Houses, notwithstanding the inhibi- tion, met in their respective chambers and organized. The Governor declined to receive any communication from them. On the night of the 13th, great apprehensions were enter- tained of a conflict between the two parties. The second
* Under the Constitution the Governor continued in office four years. At the election in the fall of 1872, the Democrats elected the six Congressmen to which the State was entitled, and a majority in both branches of the State Legislature. At this election a vote was taken to fix permanently the State capital. Austin received 63,297 out of the 111,362 votes cast. For President, Greeley received 66,455 votes, and Grant 47,226. In 1868, by a special act of Congress, Texas was prohibited from voting in the Presiden- tial election.
EDMOND J. DAVIS.
435
APPEAL TO GRANT.
story of the Capitol building was in possession of the two Houses, guarded by a military company as a special police to assist the sergeant-at-arms, while the lower story was in possession of the executive officers, guarded by a company of colored soldiers, under the command of the Adjutant- General. President Grant was appealed to, but declined to interfere. Under a protest, the Secretary of State permit- ted a Committee of the Legislature to take possession of the election returns. The vote was counted, and Messrs. Coke and Hubbard duly installed in their respective offices. *
* Soon after the meeting of the Legislature, Mr. J. W. Flanagan, Lieu- tenant-Governor, was elected to the United States Senate; Donald Campbell was elected President of the Senate. Mr. Campbell died in 1871, and Webster Flanagan was elected in his place. Mr. F. resigned in 1873, and E. B. Pickett was elected. J. P. Newcomb was Secretary of State during Davis' administration; Wm. Alexander, Attorney-General; A. Bledsoe, Comptroller; G. W. Honey, Treasurer; J. Kuechler, Land Commissioner; James Davidson and Frank L. Britton, Adjutants General.
Under the Constitution of 1869, Justices of the Supreme Court were nominated by the Governor, and confirmed by the Senate. They held their office nine years, and the one going out first was ex officio Chief Justice. Courts were held only at the State capital. L. D. Evans was Chief Justice, and M. B. Walker and Wesley Ogden, Associates. In 1873, Justice Evans' time having expired, J. D. M'Ado was appointed in his place.
An executive officer chosen by a very close vote, or by a minority of the electors, labors under a great disadvantage. There is a magic power in numbers; and an officer who goes in by an overwhelming majority feels that he has good backing. The vote between Davis and Hamilton was very close. Indeed, General Hamilton thought that, had all the counties voted, and their votes been received, he would have been the successful candidate. Governor Davis had labored under another disadvantage. A considerable number of his own political party opposed some of the leading measures of his administration. He was thus without the moral support of two ex- Governors; three or four ex-Justices of the Supreme Court, and other lead- ing and influential Republicans in all parts of the State. Notwithstanding this opposition, and the Indian depredations on the frontier, and the law- less acts which disturbed society in various parts of the State, the period in which he was Governor was one of great prosperity. The aggregate wealth of the State increased from $170,473,778, in 1860, to $223,410,920, in 1873. Population increased fifty or sixty per cent. At the commencement of 1871 there were in operation in the State 511 miles of railroad. At the close of 1872 there 1,078 miles; showing an increase of more than one hundred per cent. in two ycars.
25
436
HISTORY OF TEXAS.
It was late at night, January 15th, 1874, when Richard Coke and Richard B. Hubbard were inaugurated to their respective offices. There was still a feverish excitement in the public mind. Fears were entertained that Governor Davis might yet be sustained in his office by the interposi- tion of President Grant, or that somerash act might precip- itate a collision between the different bands of armed men in the city. Fortunately no blood was shed, and on the 19th, though Governor Davis had not formally surrendered the executive office, he had vacated it, and Governor Coke took undisputed possession. Governor Coke had been elected by a majority of about 40,000. All the Congress- men and a majority of the members of the Legislature then in session belonged to the Democratic party; and the Supreme Court was at once reorganized under an amend- ment to the Constitution, increasing the number of Judges to five. Harmony was thus introduced into all departments of the State Government. Governor Coke, in his message, took a very hopeful view of our State affairs, and the people generally indulged in glowing anticipations of future pros- perity. The opening of railroad communication with St. Louis, the abundant crops and inflowing tide of immigra- tion, stimulated enterprise and kept alive the hopes of our people. In. the period of financial distress which has befal- len the country since that period, Texas has suffered less than any other State of the American Union.
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