USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 27
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"7th. That the public faith of Texas is pledged for the payment of any debts contracted by her agents.
"8th. That she will reward, by donations in lands, all who vol- unteer their services in her present struggle, and receive them as citizens.
"These declarations we solemnly avow to the world, and call God to witness their truth and sincerity, and invoke defeat and disgrace upon our heads, should we prove guilty of duplicity."
On the 7th, after the passage of the declaration of causes for taking up arms, Mr. Millard moved the appointment of a committee of twelve, one from each municipality represented in the convention, to present a plan for a provisional government. 'The motion was adopted and the president appointed Messrs. Millard, Jones, Wilson, Dyer, Hoxie, Lester, H. Smith, Arrington, Thompson, Robinson, Everett, and A. Houston. The committee attacked the problem by dividing itself into two sub- 'committees, one to report a plan of civil government and the other to consider the organization of the military department. During the next six days the consultation worked intermittently on the reports of these two sub-committees, and between whiles settled a number of other im- portant matters.
On the 9th it was agreed that the volunteers with Austin who re- mained in the service until the fall of San Antonio, or until honorably discharged, should be entitled to twenty dollars a month, from the time that they left home until their return; and to "receive such other dona- tions of land as this government shall vote them for their patriotism." It was voted also to remunerate them for "all losses of private property or money expended in the service of the country." On the same day Edward Hall was appointed agent for the purchase of cannon and muni- tions in New Orleans, and was instructed to call upon the committee of sympathizers in New Orleans for funds to pay for these supplies. The claims of the volunteers to the special consideration of the consul- tation were clearly recognized, and on November 13, the last working day of the assembly, a select committee made the following report concerning their status :
"Your committee, before closing their report, would respectfully call the attention of this house to the army now in the field. This force is composed of volunteers from every rank of citizens in the country, whose services generally commenced before the assembling of this house, and as their movements have hitherto been regulated by officers of their own choice, no obligation can be imposed upon them to submit to the control of the provisional government; advi- sory communications are all that can be made to them, nevertheless, your committee recommends that every honorable inducement should be held out for their continuance in their country's service, at any rate until a regular army be ready to take the field, and should Bexar so long hold out against their efforts. Already have this house passed resolutions for their individual compensation, when the resources of the country will permit. The land offices have been
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closed, that no advantage should be taken over the soldier in the field in making his selection of lands; the gratitude of this body, as the representatives of the people of all Texas, has been twice expressed and entered upon the journals of the house, and every effort used to afford supplies of ammunition and provision within the power of the late council, and of this body ; these efforts we recommend to be continued, and that this house recommend the members of the army to elect such officers as are wanting, and that all officers report themselves to the governor and council for com- missions ; that their respective ranks be known of record for pur- poses obviously necessary for their future compensation, and that of the soldiers under them, who may receive discharges from their respective officers, that they may be fully known when a grateful country shall be able to express her thanks in bounties more sub- stantial than mere words. Your committee recommended that the army be encouraged to persevere with the assurance that every exertion will be used by the provisional government, to aid, comfort and support it which it has within its power, and will co-operate in forwarding its operations.
"Your committee would suggest, that much encouragement is afforded for perseverance in military operations, from the unsettled state of the Mexican government. The apprehension of resistance from the citizens of the republic is admitted in a late report of a committee of congress, contained in their plan of a form of govern- ment intended to be enforced upon the people by the exertion of military power, against their consent. This disposition will prevent the usurper, Santa Anna, from reinforcing the troops now arrayed against Texas ; and gives hopes of a co-operation of our Mexican brethren in the glorious cause of liberty and the constitution, in which Texas has set the noble example."
On the 12th it was resolved that "three commissioners be appointed by this body, as agents to the United States of North America, to be commissioned by the governor and council; who shall delegate them such powers, and give them such instructions, as the governor and council may deem expedient." B. T. Archer, William H. Wharton, and Stephen F. Austin were elected for this service.
On the 13th it was "solemnly decreed" that the Cherokee Indians and their associate bands were justly entitled to the lands which they claimed. "lying north of the San Antonio road and the Neches, and west of the Angelina and Sabine rivers." It was made the duty of the provisional government to appoint commissioners to treat with these Indians for the establishment of definite boundaries ; and all grants, sur- veys, and locations made within these boundaries since the settlement of the Indians therein were declared "utterly null and void." "We solemnly declare that they are entitled to our commiseration and pro- tection, as the just owners of the soil, as an unfortunate race of people that we wish to hold as friends, and treat with justice."
Finally, on the 13th, the committee on enrollment. to which had been referred the plan for the provisional government and the plan for the
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military organization, reported the following instruments, which were adopted :
PLAN OF THE PROVISIONAL GOVERNMENT
Article I
That there shall be and there is hereby created a provisional govern- ment for Texas; which shall consist of a governor, a lieutenant governor and a council, to be elected from this body; one member from each municipality, by the majority of each separate delegation present, and the governor and lieutenant governor shall be elected by this body.
Article II
The lieutenant governor shall be president of the council, and per- form the duties of governor in case of death, absence or from other inability of the governor, during which time a president "pro tem" shall be appointed, to perform the duties of the lieutenant governor in council.
Article III
The duties of the general council shall be to devise ways and means, to advise and assist the governor in the discharge of his functions; they shall pass no laws, except such as in their opinion the emergency of the country requires ; ever keeping in view the army in the field, and the means necessary for its comfort and support, they shall pursue the most effective and energetic measures to rid the country of her enemies, and place her in the best possible state of defence. Two thirds of the mem- bers elect of the general council shall form a quorum to do business ; and in order that no vacancy shall happen in the council, if any member, from death or casualty, shall be incapacitated to act, the governor shall immediately on information thereof, notify the member elected to fill vacancies, and on his default, any member who has been elected to this body from the same jurisdiction. The Governor and council shall be authorized to contract for loans, not to exceed one million of dollars, and to hypothecate the public land, and pledge the faith of the country for the security of payment. That they have the power to impose and regulate imposts and tonnage duties, and provide for their collection under such regulations as may be the most expedient.
They shall have power, and it is hereby made the duty of the gov- ernor and council, to treat with the several tribes of Indians concern- ing their land claims, and if possible to secure their friendship. They shall establish post offices and post roads, and regulate the rates of postage, and appoint a postmaster general, who shall have competent powers for conducting this department of the provisional government, under such rules and regulations as the governor and council may pre- scribe. They shall have power to grant pardons, remit fines, and to hear and judge all cases usual in high courts of admiralty, agreeably to the law of nations.
Article IV
The governor, for the time being, and during the existence of the provisional government, shall be clothed with full and ample executive VOL. 1-13
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powers, and shall be commander-in-chief of the army and navy, and of all the military forces of Texas, by sea and land; and he shall have full power, by himself, by and with the consent of the council, and by his proper commander, or other officers, from time to time, to train, instruct, exercise and govern the militia and navy, and for the special defense and safety of the country, to assemble in martial array, and put in warlike attitude, the inhabitants thereof, and to lead and conduct them by his proper officers; and with them to encounter, repel, resist and pursue, by force of arms, as well by sea as by land, within or without the limits of Texas; and also destroy, if necessary, and conquer, by all proper ways, and enterprises, and means, whatever, all and every such person or persons as shall, at any time, in a hostile manner, attempt or enter- prise the destruction of our liberty or the invasion, detriment or annoy- ance of the country ; and by his proper officers use and exercise over the army and navy, and the militia in the actual service, the law martial, in times of war, invasion or rebellion, and to take and surprise, by all honorable ways and means consistent with the laws of nations, all and every such person or persons, with their ships, arms, ammunition and goods, as shall, in a hostile manner, invade, or attempt the invading or annoying our adopted country. And that the governor be clothed with all these and all other powers which may be thought necessary by the permanent council, calculated to aid and protect the country from her enemies.
Article V
There shall be constituted a provisional judiciary in each jurisdiction represented, or which may hereafter be represented in this house, to consist of two judges, a first and second, the latter only to act in the absence or inability of the first, and be nominated by the council, and. conditioned by the governor.
Article VI
Every judge so nominated and commissioned, shall have jurisdic- tion over all crimes and misdemeanors recognized and known to the. common law of England ; he shall have power to grant writ of "habeas corpus" in all cases known and practiced to, and under the same law; he shall have power to grant writs of sequestration, attachments or arrests, in all cases established by the "civil code" and "code of prac- tice" of the state of Louisiana, to be regulated by the forms thereof ; shall possess full testimentary powers in all cases, and shall also be made a court of record for conveyances, which may be made in English, and not on stamped paper, and that stamped paper be, in all cases dispensed with : and shall be the "notary public" of their respective municipalities. All office fees shall be regulated by the governor and council; all other civil proceedings at law shall be suspended until the governor and general council shall otherwise direct; each municipality shall continue to elect a sheriff, alcalde and other officers of avuntamientos.
Article VII
All trials shall be by jury; and, in criminal cases, the proceedings shall be regulated and conducted upon the principles of the common law
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of England, and the penalties prescribed by said laws, in case of con- viction, shall be inflicted, unless the offender should be pardoned, or fine remitted ; for which purpose a reasonable time shall be allowed to every convict, to make his application to the governor and the council.
Article VIII
The officers of the provisional government, except such as are elected by this house, or the people, shall be appointed by the general council, and all officers shall be commissioned by the governor.
Article IX
All commissions to officers shall be in the name of the people "free and sovereign," and signed by the governor and secretary ; and all pardons and remissions of fines granted, shall be signed in the same manner.
Article X
Every officer and member of the provisional government, before en- tering upon the duties of his office, shall take and subscribe the following oath of office :
"I., A. B., do solemnly swear (or affirm) that I will support the republican principles of the constitution of Mexico of 1824, and obey the declarations and ordinances of 'the constitution of the chosen delegates of all Texas in general convention assembled,' and the ordinances and decrees of the provisional government; and faith- fully perform and execute the duties of my office agreeably to law, to the best of my abilities, so help me God."
Article XI
On charges and specifications being made against any officer of the provisional government for malfeasance or misconduct in office, and presented to the governor and council, a fair, and impartial trial shall be granted, to be conducted before the general council; and if, in the opinion of two-thirds of the members, cause sufficient be shown, he shall be dismissed from office by the governor.
Article XII
The governor and council shall organize and enter upon their duties immediately after the adjournment of this house, and hold their sessions at such times and places as in their opinion will give the most energy and effect to the objects of the people, and to the performance of the duties assigned to them.
Article XIII
The general council shall appoint a treasurer, whose duties shall be clearly defined by them, and who shall give approved security for his faithful performance.
Article XIV
That all land commissioners, empresarios, surveyors, or persons in anywise concerned in the location of lands, be ordered forthwith to cease their operations during the agitated and unsettled state of the country,
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and continue to desist from further locations until the land office can be properly systematized by the proper authority, which may hereafter be established ; that fit and suitable persons be appointed to take charge of all the archives belonging to the different land offices, and deposit the same in safe places, secure from the ravages of fire, or the devastation of enemies ; and that the persons so appointed be fully authorized to carry the same into effect, and be required to take and sign triplicate schedules of all the books, papers, and documents found in the several land offices, one of which shall be given to the governor and council, one left in the hands of the land officer of the land office, the other to be retained by the said person ; and they are enjoined to hold the said papers and documents in safe custody, subject only to the order of the provisional government. or such competent authority as may be hereafter created; and the said persons shall be three from each department, as commissioners, to be forthwith appointed by this house to carry this resolution into full effect. and report thereof to the government and council (and that the said political chiefs immediately cease their functions). The different archives of the different primary judges, alcaldes, and other municipal officers of the various jurisdictions shall be handed over to their successors in office. immediately after their election or appointment ; and the archives of the several political chiefs of the departments of Nacogdoches, Brazos, and Bexar, shall be transmitted forthwith to the governor and council for their disposition.
Article XV
All persons now in Texas, and performing the duties of citizens. who have not acquired their quantum of land, shall be entitled to the benefit of the laws on colonization, under which they emigrated; and all persons who may emigrate to Texas during her conflict for constitu- tional liberty, and perform the duties of citizens, shall also receive the benefits of the law under which they emigrated.
Article XVI
The governor and council shall continue to exist as a provisional government, until the re-assembling of this consultation, or until other delegates are elected by the people, and another government established.
Article XVII
This convention when it may think proper to adjourn, shall stand adjourned to meet at the town of Washington, on the first day of March next, unless sooner called by the executive and council.
Article XVIII
All grants, sales, and conveyances of land, illegally and fraudulently made by the legislature of the state of Coahuila and Texas, located or to be located within the limits of Texas, are hereby solemnly declared null, void, and of no effect.
Article XIX
All persons who leave the country in its present crisis, with a view to avoid a participation in its present struggle, without permission from
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the alcalde or judge of their municipality, shall forfeit all or any lands they may hold or may have a claim to, for the benefit of this govern- ment ; provided, nevertheless, that widows and minors are not included in this provision.
Article XX
All monies now due, or that may hereafter become due, on lands lying within the limits of Texas, and all public funds or revenues, shall be at the disposal of the governor and general council, and the receipt of the treasurer shall be a sufficient voucher for any and all persons who may pay monies into the treasury; and the governor and council shall have power to adopt a system of revenue to meet the exigencies of the state.
Article XXI
Ample power and authority shall be delegated, and are hereby given and delegated to the governor and general council of the provisional government of all Texas, to carry into full effect the provisions and reso- lutions adopted by the consultation of the chosen delegates of all Texas, in general convention assembled, for the creation, establishment, and regulation of the said provisional government.
OF THE MILITARY
Article 1. There shall be a regular army created for the protection of Texas during the present war.
Art. 2. The regular army of Texas shall consist of one major gen- eral, who shall be commander-in-chief of all the forces called into public service during the war.
Art. 3. The commander-in-chief of the regular army of Texas shall be appointed by the convention and commissioned by the governor.
Art. 4. He shall be subject to the orders of the governor and council.
Art. 5. His staff shall consist of one adjutant general, one inspector general, one quartermaster general, one paymaster general, one surgeon general, and four aides-de-camp, with their respective ranks as in the United States army, in time of war, to be appointed by the governor.
Art. 6. The regular army of Texas shall consist of men enlisted for two years, and volunteers for and during the continuance of the war.
Art. 7. The regular army of Texas, while in the service, shall be governed by the rules, regulations, and discipline in all respects appli- cable to the regular army of the United States of America, in time of war, so far as is applicable to our condition and circumstances.
Art. 8. The regular army of Texas shall consist of eleven hundred and twenty men, rank and file.
Art. 9. There shall be a corps of rangers under the command of a major, to consist of one hundred and fifty men, to be divided into three or more detachments, and which shall compose a battalion under the commander-in-chief, when in the field.
Art. 10. The militia of Texas shall be organized as follows: all able bodied men, over sixteen and under fifty years of age, shall be subject to militia duty.
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Art. 11. Every inhabitant of Texas coming within purview of the preceding article shall, on the third Monday of December next, or as soon thereafter as practicable, assemble at each precinct of their muni- cipality, and proceed to elect one captain, one first lieutenant, and one second lieutenant, to every fifty-six men.
Art. 12. When said election shall have taken place, the judges shall certify to the governor forthwith, the names of the respective officers elected, who shall as soon as practicable make out and sign, and transmit commissions for the same; that if there shall be found to exist in any municipality, more than three companies, the captain or commandants, on giving due notice thereof, shall call together the subalterns of said companies and proceed to elect one major ; if of four companies, one lieutenant colonel ; if of five or more companies, one colonel for the com- mand of said companies, which shall constitute a regiment of said muni- cipality ; that if there shall be found to exist more than one regiment in said municipality, the whole number of field and company officers shall, on due notice, proceed to elect a brigadier general out of their number. who shall command the whole militia in the said municipality.
BRANCH TURNER ARCHER, President.
Officers had already been elected by the consultation from its own members on the 12th. For governor, Henry Smith was elected over AAustin by a vote of thirty-one to twenty-two, James W. Robinson was elected lieutenant-governor, and members of the general council were chosen as follows: A. Houston, San Augustine ; William Menifee, Aus- tin: Daniel Parker, Nacogdoches; Jesse Grimes, Washington; A. G. Perry, Viesca : D. C. Barrett, Mina; Henry Millard, Liberty ; Martin Parmer, Teneha ; J. D. Clements, Gonzales; R. R. Royall, Matagorda ; W. P. Harris, Harrisburg; E. Waller, Columbia; Wyatt Hanks, Bevil. The governor's salary was fixed at fifteen hundred dollars, the lieutenant- governor's at twelve hundred and fifty dollars, and the per diem of mem- bers of the council was placed at three dollars, with an allowance of three dollars for each twenty-five miles traveled to and from the council.
On the 14th the consultation adjourned "to meet on the first day of March next, unless sooner called by the governor and council," and all members who could do so were urged to repair to San Antonio "to assist our fellow-citizens in the field."
CHAPTER XV THE PROVISIONAL GOVERNMENT
A provisional government having been established by the general consultation, and prepared to enter upon the duties conferred upon it ; we offer, as appropriate the message of Governor Smith to the General Council :
"I thus take the liberty to admonish you, because no common duties devolve upon you.
"You have to call system from chaos; to start the wheels of gov- ernment, clogged and impeded as they are by conflicting interests, and by discordant materials. Without funds, without the muni- tions of war; with an army in the field contending against a power- ful foe. These are the auspices under which we are forced to make a beginning.
"2. Our country is now involved in war. Our foe is far superior to us in numbers and resources. Yet when I consider the stern ma- terials of which our army is composed, the gallant and heroic men that are now in the field, I regard not the disparity of numbers, but am satisfied that we could push our conquests even to the walls of Mexico. I earnestly recommend that you adopt the most prompt and energetic measures in behalf of the army; that you forthwith provide all the necessary munitions of war, so that the army may not be cramped or impeded by remissness on the part of the Govern- ment. And that you be careful to select agents of known skill and science to purchase artillery and other munitions.
"3. Another important matter will require your immediate atten- tion. Our seaports and frontier towns are unprotected, and exposed to the mercy of the enemy. The policy of having them well fortified must be obvious to all. I therefore recommend the organization of a Civil and Topographical Engineer Corps, and the commencement of the work of fortification and defense without delay.
"4. I recommend the granting of Letters of Marque and Re- prisal ; by doing which we can not only prevent invasion by sea, but we can blockade all the ports of Mexico, and destroy her commerce, and annoy and harass the enemy more in a few months, than by many years' war, carried on within our own limits. My own mind is satis- fied that the whole of our maritime operations can be carried out by foreign capital and foreign enterprise. Already applications for commissions have been made ; they are willing to take the hazard, as such afford them every encouragement.
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