USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 26
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"The one now proposed is in opposition to her wishes, interests, and the education of the people. It protects only the interests of the military and the clergy, securing privileges to the one and intoler- ance of religion to the other. Such being its character, and our rights undoubted, the people of Texas, with one united voice, have rejected the new form of government, and have resolved to abide
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by their oaths to sustain the constitution. Public sentiment has already declared that Texas should be organized as a state govern- ment, under the constitution of 1824, or such other form of govern- ment as circumstances may require.
"Members to a convention have already been elected, and were to have met on the 15th of the present month. The invasion of the country by General Cos has, however, thus far prevented their meet- ing, as nearly every member is now in the field of war. At this time our army is besieging General Cos in San Antonio, but he is hourly expecting a reinforcement, and the people of Texas want aid of their own fellow-citizens, friends, and relations, of the United States of the North.
"What number of mercenary soldiers will invade our country we know not, but this much we do know, that the whole force of the nation that can possibly be spared will be sent to Texas, and we be- lieve we have to fight superior numbers. But one sentiment animates every bosom, and every one is determined on 'victory or death.'
"Citizens of the United States of the North, we are but one people. Our fathers, side by side, fought the battles of the revolution. We, side by side, fought the battles of the war of 1812 and 1815. We were born under the same government-taught the same politi- cal creed, and we have wandered where danger and tyranny threaten us. You are united to us by all the sacred ties that can bind one people to another. You are, many of you, our fathers and brothers- among you dwell our sisters and mothers-we are aliens to you only in country ; our principles both moral and political are the same- our interest is one, and we require and ask your aid, and we earnestly appeal to your patriotism and generosity. We invite you to our country-we have land in abundance, and it shall be liberally bestowed on you. We have the finest country on the face of the globe. We invite you to enjoy it with us, and we pledge to you. as we are authorized to do, the lands of Texas and the honor and faith of the people, that every volunteer in our cause shall not only justly but generously be rewarded.
"The cause of Texas is plainly marked out. She will drive every Mexican soldier beyond her limits, or the people of Texas will leave before San Antonio the bones of their bodies. We will secure on a firm and solid basis our constitutional rights and privileges, or we will leave Texas a howling wilderness.
"We know that right is on our side, and we are now marching to the field of battle, reiterating our father's motto, 'to live free or die.' And to the people of United States of the North we send this assurance, that though numbers may overwhelm us, no other feeling than that of the genuine American glowed in our bosoms. and though danger and destruction await us, no friend of theirs proved recreant to his country.
"Done in the council hall on the 26th day of October, 1835.
"R. R. ROYALL, President. "A. HOUSTON, Secretary."
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The permanent council also took steps to inaugurate in several di- rections a permanent policy, which had to be left for the consultation to develop.
The first was the organization of a force of rangers for Indian defense. A resolution of the 18th authorized the employment of twenty-five men "to range" between the Brazos and Trinity Rivers, twenty-five between the Brazos and Colorado and ten east of the Trinity. On the 26th twenty-five more were added to the force between the Brazos and the Trinity. On the 18th three commissioners were appointed to visit the Indi- ans and promise them that the consultation would redress all their griev- ances.
Another important resolution of the 18th recommended that the con- sultation annul all land grants made under suspicious circumstances since 1833, and this was followed on the 27th by a resolution closing all the land offices and suspending surveys until the meeting of the consultation.
On the 20th a committee was appointed to consider the advisability of establishing a postal system. Two days later in preliminary report the committee strongly favored it, and on the 23rd John Rice Jones was appointed postmaster general to put the system into operation. On the 30th the committee made a detailed report, defining the duties of the postmaster general, fixing mail routes, and establishing postal rates. The rates were much the same as those prevailing in the United States at that time, postage varying according to the size of the letter and the distance that it was to be carried. Four routes were fixed: One from San Felipe by Whiteside's in Cole's settlement, Washington, and Nacogdoches to San Augustine ; one from San Felipe by Orozimbo, Columbia, Brazoria, and Quintana to Velasco ; one from San Augustine by Zavala's to Bevil's Mill; and one from San Felipe by Harrisburg and Liberty to Belem's Ferry on the Sabine. This route was to be extended to Bexar as soon as it could be done with safety to the mail. Weekly service was to be inaugurated on all these routes, and it was hoped that Texas would thereby be enabled to present a more united front to the enemy.
On the 20th, consideration of finances began, when a committee was appointed to inquire into the state of the public funds, and report, if nec- essary, "a plan for replenishing them." The committee found that they sorely needed replenishing, and accordingly unfolded their plan: Com- missioners were appointed to collect all public money in the hands of officials which had accumulated from land sales, stamped paper, or other sources ; to negotiate loans on the public credit ; and to take measures to enforce the continued payment of all fees formerly accruing to the government of Coahuila and Texas. On the 27th Thomas F. McKinney was appointed to obtain a loan of $100,000 in New Orleans, but declined the commission. On the 31st, the last day of its existence, the council sanctioned the employment of privateers on the Gulf, and adopted a form for letters of marque and reprisal.
On November 1, in a report to the consultation, President Royall said :
"The general council begs leave to report that now, on the or- ganization of your honorable body, the duties of the council ter- minate, and it is with much satisfaction that we surrender into your hands the records of our proceedings. In the discharge of its duties,
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it became necessary for the council to take the responsibility of acts of magnitude. If in doing so we have transcended the authority that was intended to be delegated to us, we hope that the liberality of your assembly will attribute it to motives of rendering important, if not indispensable, aid to the cause in which Texas is engaged."
This report contained certain details not covered by the preceding summary. Information received from the army contractor gave "reasons to believe that upwards of one hundred beeves and a considerable quantity of corn meal are on the way, repairing to headquarters; and as connected with this subject, we will also inform you that supplies of sugar, coffee, bacon, blankets, shoes, tent cloths, etc., have been forwarded from Colum- bia, Brazoria and Matagorda. But as winter is approaching, high water and bad roads may be expected, we therefore, recommend that a large quantity be forwarded to headquarters or some convenient point.
"We have reasons to believe that one eighteen pounder and a . twelve pounder of artillery are on the way, with a fair proportion of powder and ball. * *
"Our finances arising from the receipts of dues for land, as will appear on file in Mr. Gail Borden's report, marked F, which were in his hands, is fifty-eight dollars and thirty cents ; this money has been exhausted, and an advance by the president of the council of thirty- six dollars. There were also several hundred dollars in the hands of Mr. Money, the alcalde of the Municipality of Austin; upon this money several advances have been made by Mr. Cochran, and prob- ably will nearly cover the amount of the money in the alcalde's hands ; as such, you may consider that at this moment, the council is out of funds.
"Two Mexican officers, prisoners of war, are now on parole of honor, having the privilege of the town of San Felipe; it will be necessary that the president or some appointed authority of your body have observation over them, as may be usual or necessary.
"As some days may pass by before the consultation organize, a proper authority to receive and despatch expresses, the council is of opinion should be attended to, and the council is of opinion that you should appoint a committee for that purpose."
This report was received by the consultation on November 3 with a vote of thanks; and the permanent council dissolved, or, more properly speaking, was absorbed by the consultation.
While these movements had been taking place in Texas the finishing touches had been put to the centralization of the national government of Mexico. Kennedy briefly describes the changes in the constitution during the summer of 1835 :
"In July the General Congress met in the capital and resolved itself into a constituent congress, with power to effect organic re- forms. It decided by a large majority that a central form of govern- ment should be adopted. and appointed a committee to report a con- stitution. The committee reported that there should be a Supreme Chief to rule the nation, who should be elected for eight years, and be, re-elected for life-that the Senate should be composed of twelve members-six generals and six bishops, to be appointed by the chief-
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that the Representative Chamber should be elected by persons own- ing a certain amount of property ; and that the states should be called Departments, to be governed by a military commandant and a bishop. On the 3d of October, 1835, the acting President of Mexico, General Barragan, issued the following decree, abolishing the legisla- tive powers of the several states and established a Central Republic. "OFFICE OF THE FIRST SECRETARY OF STATE, INTERIOR DEPARTMENT.
"His Excellency the President pro tem of the Mexican United States to the Inhabitants of the Republic. Know ye, that the General Congress has decreed the following :
"Art. 1. The present government of the states shall continue, notwithstanding the time fixed by the constitution may have expired ; but shall be dependent for their continuance in the exercise of their attributes upon the Supreme Government of the nation.
"Art. 2. The legislatures shall immediately cease to exercise their legislative functions: but before dissolving, (and those which may be in recess meeting for the purpose) they shall appoint a De- partment Council, composed, for the present. of five individuals, chosen either within or without their own body, to act as council to the governor ; and in case of vacancy in that office, they shall pro- pose to the Supreme General Government three persons possessing the qualifications hitherto required : and until an appointment be made, the gubernatorial powers shall be exercised by the first on the list who is not an ecclesiastic.
"Art. 3. In those states where the legislature cannot be as- sembled within eight days, the Ayuntamiento of the capital shall act in its place, only for the purpose of electing the five individuals of the Department-Council.
"Art. 4. All the judges and tribunals of the states, and the administration of justice, shall continue as hitherto, until the organic law relative to this branch be formed. The responsibilities of the functionaries which could only be investigated before Congress, shall be referred to and concluded before the Supreme Court of the nation.
"Art. 5. All the subaltern officers of the state shall also con- tinue for the present (the places which are vacant, or which may be vacated not to be filled), but they, as well as the officers, revenues, and branches under their charge, remain subject to, and at the dis- posal of, the Supreme Government of the nation, by means of the respective Governor.
"Palace of the Federal Government in Mexico, Oct. 3d, 1835. "MIGUEL BARRAGAN, A. D. Manuel Diez de Bonilla."
This, therefore, was the situation in national affairs when the con- sultation assembled. The elections of September and October had resulted in the choice of the following members of the consultation :
DEPARTMENT OF BRAZOS
Jurisdiction of Austin: Stephen F. Austin, Thomas Barnett, Jesse Burnham, Randall Jones, Wily Martin, William Menifee, W. Barrett Travis.
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Jurisdiction of Columbia: Wm. H. Wharton, Henry Smith, B. T. Archer, W. D. C. Hall, Edwin Waller, J. S. D. Byrom, John A. Wharton.
Jurisdiction of Matagorda : R. R. Royall, Chas. Wilson, J. R. Lewis, James Kerr, George Sutherland, Francis M. White.
Jurisdiction of Harrisburg: Lorenzo de Zavala, Geo. M. Patrick, Wm. P. Harris, C. C. Dyer, M. W. Smith, John W. Moore, David B. McComb.
Jurisdiction of Washington : Asa Mitchell, Asa Hoxey, Jesse Grimes, C. Collard, M. Millican, William Shepherd, Philip Coe. Jurisdiction of Gonzales : Wm. S. Fisher, J. B. Clement, Benj. Fuqua, Geo. W. Davis, Thos. R. Miller, James Hodge, Wm. Arrington. Jurisdiction of Mina: J. S. Lester, D. C. Barrett, Edward Burle- son, R. M. Coleman, B. Manlove, Bartlet Sims, R. M. Williamson.
Jurisdiction of Viesca: J. G. W. Pierson, J. S. Hood, S. F. Allen, A. G. Perry, J. W. Parker, Alexander Thomson.
DEPARTMENT OF NACOGDOCHES
Jurisdiction of Nacogdoches: Wm. Whitaker, Sam Houston, Daniel Parker, James W. Robinson, Nat. Robins, Hoffman, T. J. Rusk. Jurisdiction of San Augustine: A. Houston, Jacob Garrett, Wm. N. Sigler, A. E. C. Johnson, A. C. Kellog, Henry Augustin, Alexander Horton.
Jurisdiction of Bevil: John Bevil, S. H. Everett, Wyatt Hanks, J. H. Blount, Samuel Lewis, Thos. Holmes, John A. Veatch.
Jurisdiction of Liberty : J. B. Wood, Henry Millard, C. West, P. J. Menard, Hugh B. Johnson, D. G. Burnet.
DEPARTMENT OF BEXAR
None.
A quorum was present on November 3, and with R. R. Royall pre- siding the consultation organized by electing B. T. Archer president and R. B. Dexter secretary. Archer, on taking the chair, delivered an address outlining the problems before the assembly :
"The first measure that will be brought before the house, will be a declaration in which we will set forth to the world the causes which have impelled us to take up arms, and the objects for which we fight. "Secondly. I will suggest for your consideration the propriety of establishing a provisional government, the election of a governor, lieu- tenant governor and council; and I would recommend that these officers be clothed with both legislative and executive powers. This measure I conceive absolutely necessary to prevent Texas from fall- ing into the labyrinth of anarchy.
"Thirdly. The organization of the military requires your imme- diate attention. You have an army in the field whose achievements have already shed lustre upon our arms, they have not the provisions and comforts necessary to continue their services in the field ; give them character or their victories, though they are achieved not with- out danger and glory, will, nevertheless, be unproductive of good, sustain and support them and they will do honor to you, and render incalcuable services to their country ; but neglect them, Texas is lost. The adoption of a code of military laws is indispensable; without
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discipline and order in the ranks, your armies will be mobs, more dangerous to themselves than to their adversaries, and liable at all times to be routed and cut to pieces by a handful of regulars. I know the men that are now in the field; there never were better materials for soldiers ; but without discipline they can achieve noth- ing. Establish military laws, and, like the dragon's teeth sown by Cadmus, they will produce armed men. It will be necessary to pro- cure funds in order to establish the contemplated government, and to carry on the war in which we are now engaged ; it will, therefore, be our duty to elect agents to procure those funds. I have too high an opinion of the plain practical sense of the members of this body to think for a moment that they will elect any but some of our most influential citizens to this important post. Without funds, however heroically your armies may fight, however wisely your councils may legislate, they will erect but a baseless fabric that will fall of its own weight.
"There are several warlike and powerful tribes of Indians that claim certain portions of our lands. Locations have been made within the limits they claim, which has created great dissatisfaction amongst them ; some of the chiefs of those tribes are expected here in a few days ; and I deem it expedient to make some equitable arrangement of the matter that will prove satisfactory to them.
"Permit me to call your attention to another subject. Some of our brethren of the United States of the north, hearing of our difficulties, have generously come to our aid, many more ere long will be with us ; services such as they will render, should never be forgotten. It will be proper for this convention to secure to them the rights and priv- ileges of citizens, to secure to them their land 'in head rights,' and place them on the same footing with those of our citizens who have not yet obtained from government their lands; and in all other respects to place them on an equal footing with our most favored citizens. Again, the path to promotion must be open, they must know that deeds of chivalry and heroism will meet their rewards, and that you will throw no obstruction in their pathway to fame.
"Some fraudulent sales or grants of land, by the late government of Coahuila and Texas, will require your attention. The establish- ment of mails, and an express department, is deemed necessary to promote the interest of the country ; besides other minor matters that have escaped my observation in this cursory review.
"Finally. Gentlemen and friends, let me call your attention from these details to the high position which you now occupy ; let me remind you that the eyes of the world are upon you; that battling as we are against the despotism of a military chieftain, all true re- publicans, all friends to the liberties of man, are anxious spectators of the conflict, or deeply interested in the cause. Let us give evi- dence that we are the true descendants of that band of heroes who sustained an eight years' war against tyranny and oppression and gave liberty to a new world. Let our achievements be such that our mother country, when she reads the bright page that records them,
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shall proudly and joyfully exclaim, these are my sons! their heroic deeds mark them as such."
Following the President's address General Sam Houston introduced and the assembly passed a resolution thanking Bowie, Fannin, and the troops under their command for their services in the recent battle of Con- cepción. Mr. Edward Hall of New Orleans presented a report from a committee in New Orleans which had collected funds and forwarded volunteers to aid the Texans. The consultation thanked him and the committee and approved of the disposition which had been made of the New Orleans recruits, who had marched to join Austin's forces at San Antonio. The important business of the first day's session was closed by the appointment, on motion of John A. Wharton, of a committee to set forth the causes why the Texans had taken up arms. This committee con" sisted of one member from each municipality or jurisdiction represented in the convention, and included the following: John A. Wharton, Colum- bia ; William Menifee, Austin; R. R. Royall, Matagorda; Lorenzo de Zavala, Harrisburg; Asa Mitchell, Washington; W. S. Fisher, Gonzales; R. M. Williamson, Mina; Sam Houston, Nacogdoches; A. Houston, San Augustine ; Wyatt Hanks, Bevil; Henry Millard, Liberty ; S. T. Allen, Viesca.
The work of this committee occupied the consultation almost ex- clusively until November 7, when a declaration was adopted. The chief question at issue was whether the consultation should declare in favor of the Mexican constitution of 1824-thereby remaining a part of the republic of Mexico and inviting the assistance of the Liberals through- out the country who were opposing Santa Anna's centralization of the government-or issue an outright declaration of independence. Austin had anticipated the necessity for some such declaration and had written from camp on the Salado on October 25 his idea of what the declaration should contain :
"1st. A Declaration confirming the pronouncements made by the people at their municipal meetings to sustain the Federal Constitution of 1824, and the Federal System, which the army of Texas are now defending.
"2d. To declare Texas a State of the Mexican Federation, in consequence of the dissolution of the constitutional government of Coahuila and Texas, by Military intervention.
"3rd. Declare that a provisional Local Government be organized for the State of Texas, under the constitutional Decree of 7 May. 1824, and appoint a provisional governor and Lieutenant Governor.
"4th. Declare the existing laws and constitution of the State of Coahuila and Texas, to be provisionally in force, with such exceptions as may be deemed proper until a constitution is formed.
"5th. Pledge the faith of the State to raise funds and means, arms and men, to sustain the war in defense of the constitution and Federal System.
"6th. Secure the lands and interests of the Indians, and declare all fraudulent and illegal sales or grants of land made by the State Government of Coahuila and Texas since April, 1833, to be null and void.
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"7th. Establish a provisional Express department.
"8th. Organize the militia, and appoint a commander in chief.
"9th. Raise 300 infantry and 150 cavalry and a corps of artillery as regular troops."
A comparison of this memorandum with President Archer's inaug- ural address shows that it had great influence in shaping that address. It was now turned over to the committee, and Daniel Parker of Nacog- doches, D. C. Barrett of Mina, R. M. Williamson of Mina, and probably other members of the consultation presented drafts embodying their ideas of the form which the declaration should take. Wharton was in favor of a declaration of independence, but the committee could not agree and asked the house for instructions. General Houston moved a declaration in favor of the constitution of 1824, but after some debate withdrew his motion in deference to the wishes of Wharton. Finally it was decided by the decisive vote of thirty-three to fifteen to declare in favor of the constitution. As finally adopted on the 7th the declaration was as follows :
"DECLARATION OF THE PEOPLE OF TEXAS IN GENERAL CONVENTION ASSEMBLED
"Whereas, General Antonio Lopez de Santa Anna, and other military chieftains, have, by force of arms, overthrown the federal institutions of Mexico, and dissolved the social compact which existed between Texas and the other members of the Mexican confederacy ; now the good people of Texas, availing themselves of their natural rights,
SOLEMNLY DECLARE
"1st. That they have taken up arms in defence of their rights and liberties, which were threatened by the encroachments of military despots, and in defence of the republican principles of the federal constitution of Mexico, of eighteen and twenty-four.
"2nd. That Texas is no longer morally or civilly bound by the compact of union ; yet stimulated by the generosity and sympathy common to a free people, they offer their support and assistance to such of the members of the Mexican confederacy as will take up arms against military despotism.
"3d. That they do not acknowledge that the present authorities of the nominal Mexican republic have the right to govern within the limits of Texas.
"4th. That they will not cease to carry on war against the said authorities whilst their troops are within the limits of Texas.
"5th. That they hold it to be their right during the disorganiza- tion of the federal system, and the reign of despotism, to withdraw from the union, to establish an independent government, or to adopt such measures as they may deem best calculated to protect their rights and liberties, but that they will continue faithful to the Mexican government so long as that nation is governed by the constitution and laws that were formed for the government of the political asso- ciation.
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"6th. That Texas is responsible for the expenses of her armies 110w in the field.
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