USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 14
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In the meantime, at the first sound of alarm, Colonel Francisco Ruiz, of Tenoxtitlan, evacuated that place and fell back to San Antonio. The garrison at Anahuac had sailed for Mexico in July. to join Santa Anna, and thus the Anglo-American settlements were freed from the military. Garrisons still remained, however, in the Mexican settlements at Goliad and San Antonio.
Meanwhile, news of the disturbance at Anahuac and Velasco had been communicated to the national and state authorities. Colonel John Austin was a delegate to the state legislature, then in session, but on receipt of the news from Texas he obtained leave of absence to return home. On his arrival at Matamoras he met Colonel José Antonio Mexia, who informed him that he had been ordered to reduce Matamoras first and then proceed to Texas to reduce the rebellious colonists. He said, however, that he had entered into a convention with Colonel Guerra, 'commandant of Matamoras under the Busta-
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mante government, and that he had a squadron of five vessels and four hundred soldiers. Colonel Austin informed him that he was then on his way to Texas, and that he had no doubt that the colonists had been misrepresented to the government. Mexia invited him to take passage with the squadron, which Austin readily accepted. On the 14th of July they left Brazos Santiago and sailed for the mouth of the Brazos River, where they arrived on the 16th.
Colonel Mexia remained six days at Brazoria and was entertained by the colonists in lavish fashion, with public meetings, a banquet and a ball. He was apparently thoroughly convinced of the sincerity of the Texan declarations in favor of Santa Anna and the plan of Vera Cruz, and left the mouth of the Brazos on July 23. After his departure the municipalities of Texas generally passed resolutions declaring their adhesion to Santa Anna.
VOL. 1-6
CHAPTER VIII CONVENTIONS OF 1832-33
By a fortunate turn of affairs the calamity of invasion and war was averted from Texas for three years. During this period the Texas colo- nies were knit together in practical experience and sentiment, and thus prepared for united resistance when the crisis came. Without this period of preparation, during which the colonies became accustomed to assem- bling in convention and acting in combination on matters affecting their general welfare, it is doubtful if Texas could have presented an organ- ized resistance to Santa Anna's armies, and the settlements would have fallen one by one before an overwhelming force.
On August 22, just a month after the departure of Colonel Mexia, the ayuntamiento of San Felipe issued through its two alcaldes a call for a convention to meet at San Felipe on October 1, 1832. Several reasons were given for issuing the call: (1) The separate districts of Texas had been taking action individually to restore the constitution and laws which had been deranged by the troops. "These measures have heretofore been adopted by the inhabitants of each district without any general concert; thus exposing Texas to the danger of confusion, which might materially affect the public tranquility." (2) "The late occurrences have been grossly misrepresented by the enemies of Texas, and efforts have been made, and are continually making, to prejudice our fellow-citizens, in other parts of the Mexican Republic, against the people of Texas, by circulating reports that the object of the late events was to declare this country independent of Mexico, which is absolutely false and without any foundation in truth." (3) "The Indians have commenced depredations on the frontiers of the Rivers Brazos, Colorado, Guadalupe and San Antonio; and the scattered situation of the settle- ments imperiously requires that some measures should be adopted for their security." (4) "There are, indeed, many subjects connected with the welfare of Texas which ought to be laid before the Constitutional authorities of the Mexican Nation: and these considerations of safety to ourselves, respect for the character of the people of Texas, the mo- tives which have influenced them, and the sanctity of the cause of the Constitution, as proclaimed in Vera Cruz, which we have espoused, have induced the civil authorities of the Municipality of Austin, to recom- mend that the people of Texas should be consulted at this important crisis, which may be done by the election of delegates."
Though the time allowed by the call was short, sixteen districts of the Anglo-American section of Texas elected delegates to the convention. From San Felipe were Stephen F. Austin, Wily Martin, F. W. Johnson and Luke Lesassier ; from Brazoria (the district of Victoria, as it was called), George B. Mckinstry, William H. Wharton, John Austin, Charles D. Sayre ; from Mina (Bastrop), Ira Ingram, Silas Dinsmore, Eli Mer- cer ; from Hidalgo, Nestor Clay, Alexander Thompson; from San Jacinto, Archibald B. Dobson, George F. Richardson, Robert Wilson ; from Viesca, Jared E. Groce, William Robinson, Joshua Hadly; from
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Alfred, Samuel Bruff, David Wright, William D. Lacy, William R. Hensley, Jesse Burnham; from Labaca, William Menifee, James Kerr, George Sutherland, Hugh McGuffin, Joseph K. Looney ; from Gonzales, Henry S. Brown, C. Stinnett; from Mill Creek, John Connell, Samuel C. Douglass; from Nacogdoches, Charles S. Taylor, Thomas Hastings. and Truman Hantz ; from Ayish Bayou, Philip Sublett, Donald McDon- ald, William McFarland, Wyatt Hanks, and Jacob Garret; from Snow (Neches) River, Thomas D. Beauchamp, Elijah Isaacs, Samuel Looney, James Looney ; from Sabine, Benjamin Holt, Absalom Hier, Jesse Par- ker; from Tenaha, William English, Frederick Foye, George Butler, John M. Bradly, Jonas Harrison; from Liberty, Patrick C. Jack, Clai- borne West, James Morgan.
Stephen F. Austin and William H. Wharton were nominated for president and F. W. Johnson and C. D. Taylor for secretary. Austin was elected by thirty-one votes to Wharton's fifteen, and Johnson won over his opponent by a vote of thirty-four to eleven. It is noteworthy that Austin and Wharton represented, respectively, the conservative and the radical elements of the colonists. One was striving with all his power to develop Texas in citizenship and resources to a point where it could demand its just rights without inviting destruction from a superior force ; the other was the impetuous patriot willing to risk all in a quick. decisive encounter.
Nearly all manufactured goods required by the colonists had to be imported, if dependence can be placed on the report of the committee on tariff :-
"The duties on articles of the first necessity to the inhabitants, which are not, and cannot be, manufactured in Texas, for several years to come, are so high as to be equivalent to a total prohibition : that many other articles which are prohibited by the Tariff are of the first necessity to the settlers of Texas; and as the people, in this section of the Republic, are yet almost without resources, and are generally farmers who make their support by cultivating the land, and have no manufacturing establishments yet erected within the limits of Texas-they respectfully petition the general govern- ment to grant for three years the privilege of introducing free of duty such articles as are indispensable to the prosperity of Texas; among which this convention begs leave to enumerate the following. viz .: Provisions, Iron and Steel, Machinery, Farming Utensils. Tools of the various Mechanic Arts, Hardware and Hollow-ware. Nails, Wagons and Carts, Cotton Bagging and Bale Rope, coarse Cotton Goods and Clothing, Shoes and Hats, Household and Kitchen Furniture, Tobacco for chewing in small quantities, Powder; Lead and Shot, Medicines, Books and Stationery. The foregoing articles include the principal imports made use of, and wanted by the inhabitants of Texas; many of them are prohibited, and on those which are allowed to be introduced the duties are so high that they amount to a prohibition. The trade to Texas is small, and the re- sources limited, but if fostered by a liberal policy on the part of the general government, it will, in a few years, yield a revenue of no small importance."
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After some discussion this memorial was adopted without amend- ment.
The work of the convention is outlined in a letter written by Secre- tary Johnson to the ayuntamiento of San Antonio, subsequent to adjourn- ment.
"After full deliberation it was concluded to represent to the congress, agreeably to article 2d of the law of May 7, 1824, that Texas has the proper requisites to form singly a state separate from Coahuila. It was further agreed to claim a reform of the maritime tariff, and the abrogation of article 11th of the law of April 6, 1830, prohibiting the immigration of natives of the United States of the north. A request was also made to the government to appoint a commissioner for the settlement of land matters, and to establish an ayuntamiento between the San Jacinto and Sabine rivers; also to grant certain lands to the ayuntamientos of Texas, by the sale whereof they might raise the funds needed to erect schoolhouses and support schools of the Spanish and American languages. In view of the exposed situation of the country to Indian depredations, the convention agreed upon framing a provincial regulation for the militia. They also appointed a standing, or central, committee in this town and subordinate committees in every section represented in the body. It was made the duty of the central committee to cor- respond with the subordinate committees, inform them concerning subjects of general interest, and, in case of emergency, to call another general meeting or Texas convention."
In Texas, the convention, like American mass meetings in general, provided a vent for the pent-up excitement attending the commotions of the time, and in so far it tended to calm the people and enable them to resume their regular routine of life. Austin, replying to a letter from the political chief at San Antonio, who condemned the convention and threatened punishment to the colonists for such proceedings, declared that as a result of the convention "already the public is better satisfied. and we have had more quiet than we had some time anterior thereto." Continuing, he said :
"In times like the present, any measure is bad that tends to irritate and produce excitement; every measure is good that is calculated to soothe, bind up and bring about tranquility and good order."
As to the ultimate results. Austin's opinion, expressed in the same letter, was gloomy.
"I have but little hope of obtaining anything from the govern - ment of Mexico. There is little probability that we shall soon have a stable and peaceable order of public affairs ; and I give it as my deliberate judgment that Texas is lost if she take no measure of her own for her welfare. I incline to the opinion that it is your duty. as chief magistrate, to call a general convention to take into consideration the condition of the country. I do not know how the state or general government can presume to say that the people of Texas have violated the constitution, when the acts of both govern- ments have long since killed the constitution, and when the confed-
SAM HOUSTON
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eration itself has hardly any life left. I cannot approve the asser- tion that the people have not the right to assemble peaceably, and calmly and respectfully represent their wants. In short, the condi- tion of Texas is bad, but we may fear to see it still worse."
The administration of affairs in Texas at that time required careful handling, a fact that was understood by Santa Anna himself. In a let- ter written to the minister of state under the reinstated President Pedraza, he wrote:
"Satisfied, as I am, that the foreigners who have introduced themselves in that province have a strong tendency to declare them- selves independent of the republic; and that all their remonstrances and complaints are but disguised to that end, I think it to be of paramount importance that General Filisola should forthwith pro- ceed to fulfill his mission, having first been well supplied with good officers and the greatest number of troops possible, with instructions both to secure the integrity of our territory and do justice to the colonists. The interest of the nation requires a kind policy towards those people, for they have done us good service, and, it must be confessed, they have not on all occasions been treated with justice and liberality."
Among the colonists themselves the convention of 1832 had not given entire satisfaction. Some complained that its action was not positive enough, that it ought to have proceeded immediately to the adoption of a state constitution and the organization of a government, instead of peti- tioning for permission to do so. Others thought that the convention would better not have been held at all; and still others were dissatisfied because the convention had followed so closely upon the call for elections that it had been difficult to elect representatives and get them to San Felipe in time for the meeting. These conditions, in connection with the fact that during the winter of 1832-1833 Santa Anna was elected president, led the Central Committee to call a second convention to meet at San Felipe on April 1, 1833. The notice was issued in January, and the elections were to take place the first of March, thus allowing ample time for deliberation and action. It was hoped that Santa Anna would view with favor the petitions of the Texans who had assisted him by expelling from the province the officials of his rival, Bustamante.
The same districts were represented in this assembly as in the con- vention of 1832, and for the most part by the same representatives. One of the notable additions to this body was General Sam Houston, who had arrived in Texas the preceding December. Johnson was not a member. Stephen F. Austin and William H. Wharton were again rivals for the presidency, and this time Wharton was elected. Thomas Hastings was elected secretary.
The convention did little more than re-enact the resolutions and memorials of the preceding meeting. In the petition for separation the delegates went further than they had thought wise to go in 1832. A committee of which Sam Houston was chairman drew up a constitution for submission to the approval of congress, and David G. Burnet, as chairman of another committee, drafted a long memorial arguing for its acceptance.
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The constitution was a slightly modified copy of the organic law of individual American states. Mexican officials of that time, and con- servative American today, would see dangerous radicalism in the "bill of rights," the first two articles being :
"Art. 1. All power is inherent in the people, and all free govern- ments are formed upon their authority, and established for their peace, safety, and happiness. For the advancement of those ends, they have an inviolable right to alter, reform and abolish the govern- ment in such a manner as they may think proper.
"Art 2. Government being instituted, for the protection and common interest of all persons, the slavish doctrine of non-resist- ance against arrogant power and oppression, is discarded, as de- structive to the happiness of mankind, and as insulting to the rights, and subversive to the wants of any people."
Stephen F. Austin was not in full accord with the convention. He feared it would be misunderstood, and thought that it would have been better to repeat the action of the first convention and apply for permis- sion to frame a constitution, instead of going ahead and submitting the finished product to congress for approval. Nevertheless the convention elected him to go to Mexico to urge the acceptance of the various peti: tions. The members knew his influence with the government, and hoped that he would be successful in gaining the desired reforms. Dr. J. B. Miller of San Felipe and Erasmo Seguin of San Antonio were elected to accompany him, but neither went, so that Austin undertook the mis- sion alone.
CHAPTER IX AUSTIN'S MISSION
On April 22, a little more than ten days after the adjournment of the convention, Austin set out. He was to go by San Antonio and Goliad, and endeavor to get the Mexican settlers of the department of Bexar to join in the petition for a state government. He reached San Antonio on the 29th and remained until the 7th or 8th of May. His visit failed of its object.
There is no report of the result of Austin's visit to Goliad, though, as there were a number of Anglo-American residents in that district, it is probable that he was more successful than he had been at San Antonio. At Matamoras he called on the military commandant of the Eastern Provinces, General Vicente Filisola, explained to him the pur- pose of the mission to Mexico, and obtained a passport. At the same time he forwarded through Filisola a copy of the constitution and memorials to the government. He left Matamoras about the first of June, expecting to reach Vera Cruz in six or seven days, but in fact he did not arrive until July 2, after a voyage of thirty days. The vessel on which he was embarked was a small schooner, provisioned only with salt food, and the hardships of the last ten days of the voyage were increased by a shortage of fresh water.
The Civil war which had removed Bustamante from the presidential chair was still going on, conditions were very unsettled, and travel was far from safe. Nevertheless, Austin set out for the capital on the 5th of July. He was detained for some days at Jalappa, because the military commandant at Vera Cruz had neglected to endorse his passport, and only reached the City of Mexico on July 18, nearly three months after his departure from San Felipe. Santa Anna, the president, was absent from the city, conducting a campaign against Generals Arista and Duran, the representatives of the old Bustamante régime; so that Austin ex- plained his business to the vice-president, Gomez Farias, and the ministry. In his argument he confined himself to pressing the separation, and says nothing about the acceptance of the constitution which he took to Mexico.
The petition for state government was referred by the ministry to the house of deputies on August 21, with a suggestion that prompt action was desirable ; but at about the same time congress adjourned on account of a raging epidemic of Asiatic cholera, and was not again in session for nearly a month. The uncertainty of the Civil war and the tedious delay amid such harrowing conditions were wearing out Austin's patience. Then toward the end of September he heard of the ravages of cholera in Texas. Some of his best friends, and his little niece, Mary Perry, had died. Sick at heart and impatient of the dilatory methods of the government, he called on the vice-president and told him plainly that unless some attention were quickly given to the petition of the Texans he feared that they would act without the government's authorization. Farías, interpreting this as a threat, became very angry, and Austin left the conference convinced that no relief was to be expected from that
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source. Reporting the meeting to his brother-in-law the next day, he said,
"I am tired of this government. Texas must take care of her- self without paying any attention to these people or to the govern- ment. They always have been in revolution, and I believe always will be. I have had much more respect for them than they deserve -but I am done with all that."
The same day (October 2) he wrote to the ayuntamiento of San Antonio recommending that all the ayuntamientos of Texas put them- selves into communication with each other without delay for the pur- pose of organizing a local government for Texas, in the form of a state of the Mexican federation founded upon the law of May 7, 1824, and have everything ready to accomplish this in union and harmony as soon as it is known that the general congress has refused its approbation.
"This step is absolutely necessary as a preparatory measure, because there is now no doubt that the fate of Texas depends upon itself and not upon this government; nor is there any doubt that, unless the inhabitants of Texas take all its affairs into their own hands, that country is lost."
A few days later, October 7, 1833, Santa Anna won a decisive victory over the reactionary forces at Guanajuato. Congress on October 22nd passed the repeal of the eleventh article of the law of April 6, 1830; and on the arrival of Santa Anna, who was expected in a few days, he intended to make a final effort to settle the state question. The United States was making a strong effort, through Colonel Anthony Butler, chargé d'affaires at Mexico, to obtain a transfer of Texas; and Austin had some hope that the government would either organize it as a state or transfer it to the United States.
On November 5, 1833, Santa Anna called a meeting of his cabinet, which Austin attended, to discuss the Texas questions. The president announced himself as favorably disposed toward Texas, and said that the general government would consider all the petitions presented by Austin; and would recommend to the state government a reform of the judiciary system, so as to give the colonists trial by jury. He did not think Texas was yet prepared for state government, but in the effort to help it attain fitness for that end he would take under con- sideration the advisability of sending troops to Texas to protect the settlement from the Indians.
Finally, on December 7, Austin was informed by the minster of Relaciones of the status of his affairs. The objectionable article of the law of April 6 was repealed, recommendations had been made to the state government for reforms to meet the wishes of the Texans, and other matters had been referred to the treasury department. from which Austin would doubtless hear in due time. The question of separate state government was, of course, closed.
With this Austin was forced to be content, and believing that he had accomplished all that was possible at that time, be began his homeward journey on December 10. But he was destined not to see Texas for nearly two years. The unfortunate letter he had writ- ten (October 2), quoted above, had been transmitted by the political
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chief to the federal authorities, and its arrival in Mexico started a veritable avalanche of official correspondence. In spite of the fact that Austin had left the city openly in a public coche, after securing a passport and paying formal farewell visits to the vice-president and other officers, the government feared that he would escape. The state department warned the governors of nearly every state in the confed- eration to watch for him and cause his arrest; while the war depart- ment sent similar notices to most of the military commandants. This tremendous activity was not to go without its reward, especially as Austin did not know that he was being sought and made no effort to conceal his movements. On arriving at Saltillo on January 3, 1834, he called on the military commandant, whom he had been making forced marches to overtake ever since leaving San Luis Potosi, and received notice that he was arrested and must return to the capital.
In his correspondence during the next year and a half Austin continued to talk optimistically to the colonists, urging them to eschew political activity, to attend to their personal affairs, and rely confidently on the kind intentions of the government; while to the government he spoke of the patience of the colonists under multiplied neglect and abuses, and boldly demanded reforms. If on the one hand he pretended to a confidence in the government which he did not feel, and on the other somewhat exaggerated the long-suffering loyalty of the colonists, who can blame him? He wished to avoid an outburst in Texas and no doubt he still wished to be loyal to Mexico; but at the same time the interest of Texas was paramount, and unless the government recognized its obligations no effort of his would long be continued to save the province to Mexico.
For several months Austin was confined incommunicado in a dungeon of the inquisicion, and while conditions were ameliorated he remained a prisoner. He was not informed of the charges against him, and during the summer of 1834 his case was transferred from one court to another. Peter W. Grayson and S. H. Jack who carried memorials in his behalf from Texas, secured his release on bail, within the limits of the city, on Christmas day.
Austin's release was finally due to the passage of an amnesty law. Congress met on January 4, 1835, and this was introduced early in the session. When Grayson and Jack left the capital at the beginning of February they and Austin thought that it would be published in a few days, but by March 10 it had only gotten to the president, who expected to return it to Congress for certain changes. Austin was
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