USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 36
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Eighth, "Yet this is the man whose outrages and oppressions upon the rights of the people of Texas are sustained and justified by the acts and conduct of the general council." In the above answers and explana- tions, to the charges preferred, will be found the sum and substance of Doctor Grant's offending.
No man entered the service of Texas more heartily, zealously, or from purer motives than did Doctor Grant. He not only risked his life, but offered it a sacrifice on the altar of his country. To say that he was actuated in what he did by any other than the purest motives, and for the best interests of his country, is to falsify his record. Such charges find no place, except in the minds of such as are lost to all the finer feelings-to every sense of truth, right, and justice. To say that "Sev- eral members of that body" (the council) "were aware that the interests and feelings of Doctor Grant were opposed to the independence and true interests of the people of Texas," is simply absurd, a distortion of truth.
It is painful, in thus vindicating the character and public services of a distinguished citizen, to have to call in question that of another who has rendered his country important service; yet, justice as well as the truth of history requires it. While we would be the last to pluck a single leaf from the laurels that encircle the brow of General Houston, neither will we allow to pass, unchallenged, his imputations on the char- acter and memory of Doctor Grant, whom we knew well and intimately, and who possessed in a high degree all the qualities that ennoble the char- acter of man.
Without intending to argue, still less defend, the scandalous conduct of the council and of the governor; yet, in defence of the character of another distinguished citizen, patriot, and gallant soldier, who sacrificed his life in the cause of his country-Col. James W. Fannin, Jr., we offer the following remarks. This distinguished patriot and soldier is charged with conspiring to rob the commander-in-chief of his office; of wanting to command the army; of mutiny, and treason. Sir! Col. James W. Fannin, Jr .- the gentleman, patriot, and soldier-is charged with these high offenses and crimes by Gen. Sam Houston, in an official report to the governor.
Let us examine, calmly. dispassionately, these grave charges and see what they rest upon. Without going into detail, it will be sufficient to
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show that, Colonel Fannin, unlike General Houston, who assumes and constitutes himself a court of last resort, is willing, and does recognize the council and governor as the government, and as such, feels bound by their orders and decrees. By virtue of an ordinance, he is consti- tuted an agent of the government to do and perform certain duties. He accepts, and fulfills his mission to the letter. If this constitutes mutiny or treason, is Colonel Fannin guilty. This is the head and front of his offending, according to General Houston's own showing. Colonel Fan- nin did not, like General Houston, make himself a party to the shameful quarrel between the council and governor. He was content to do his duty, which contrasts strangely as well as favorably with that of General Houston. General Houston throws the whole weight of his character and position in favor of Governor Smith, and charges the council, in terms stronger than elegant, with high crimes and misdemeanors. His argument is labored, and intended to show that both Governor Smith and himself derived their powers from a higher source than the council. The sophistry of this argument is too transparent to require any other notice or argument.
The council, as the law-making branch of the government, would seem, from all the admitted maxims of law, as well as the maxims of civil polity, to possess a power that neither the governor nor commander- in-chief may rightfully disregard.
A word, now, as to the much talked of and abused expedition against Matamoras, which Houston has made his text as the prime cause of all the disasters that befell the country in its struggle for independence. If this be true, is General Houston free from blame? We shall see.
In the month of December, 1835, by authority of the governor, Gen- eral Houston issued an order to Col. James Bowie, directing him to raise a force for the purpose of reducing Matamoras. True, it was qualified with buts, and ifs, yet, it is undeniable that both he, Houston and Gov- ernor Smith, favored such as expedition. Were it necessary, proofs could be adduced to show that, even under the direction of the mutinous and traitorous Fannin, he promised it his support.
As to the charges against F. W. Johnson, if any doubt still remains in the mind of any one, it is only necessary for them to turn to the journals of the council to be convinced that they have no foundation in truth.
In conclusion we have only to remark that, so far as the failure of the expedition against Matamoras. and the disasters that befell the Texan army subsequently, no man contributed more to that end than did Gen- eral Houston. Not by public orders, but, by misrepresentations at Goliad and Refugio to the Bexar volunteers, by which means he divided the volunteers then collected and collecting at Mission Refugio, by stat- ing that the expedition was unauthorized. In this way he succeeded in drawing off at least half of the volunteers from Bexar.
Under these circumstances, after the arrival of Colonel Fannin at the Mission, it was found that there was not a sufficient force to attempt the invasion of Mexico. Hence, the expedition was abandoned for the time. What was done subsequently, the reason for, and the results, are part and parcel of the history of the times.
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CHAPTER XVIII THE DECLARATION OF INDEPENDENCE AND THE ESTAB- LISHMENT OF THE REPUBLIC
Fortunately the council had passed over the governor's veto on December 13, before the quarrel developed, a resolution for calling a convention. This was to meet at Washington on March 1, and the del- egates were to be "clothed with ample, unlimited, or plenary powers as to the form of government to be adopted : provided, that no constitution formed shall go into effect until the same be submitted to the people and confirmed by a majority thereof." Delegates were to be elected on February 1, and representation was to be proportioned roughly to popu- lation : the ordinance prescribed four delegates each for the municipal- ities of Brazoria, Washington, Nacogdoches, San Augustine, and Bexar ; three each for those of San Felipe, Mina, and Liberty; two each for those of Gonzales, Viesca, Harrisburg, Jasper, Matagorda, Jackson, Tenaha, Jefferson, Refugio, Goliad, San Patricio, Victoria and Pecan Point.
A sentiment in favor of independence rapidly developed, and before the convention met it was a foregone conclusion that independence would be declared. A public meeting at San Augustine on December 22 adopted a series of well reasoned resolutions, offered by Jonas Harrison, urging such a declaration. On December 20 ninety-one volunteers at Goliad adopted what is called "the Goliad declaration of independence." and by January 7, 1836, Stephen F. Austin was won to independence, and was urging it in letters from New Orleans. On December 22 he had written from Velasco, on the eve of his embarking for the United States, that he thought the time was not yet ripe for a declaration of independence :
"As to independence-I think it will strengthen the cause of Texas to show that we have legal and equitable and just grounds to declare independence, and under this view I touched upon this sub- ject in my communication to the provisional government of the thirtieth ultimo. But I also think that it will weaken Texas, and expose the old settlers and men of property in this country to much risk to make such a declaration at this time, and under the present circumstances, for the reason that it will turn all parties in Mexico against us -- bring back the war to our own doors, which is now removed from Texas by the fall of Bexar, and compel the people to seek aid at any sacrifice-I do not think it necessary to run any such risk, for the natural current of events will soon regulate every- thing. A large portion of the Mexicans are determined to be free. If they succeed, Texas will participate as a state in conformity with its declaration of seventh November-if they fail, Texas can at any time resort to her natural rights."
But in New Orleans Austin found public opinion strongly favorable to independence, and his doubts concerning the expediency of a declara- tion disappeared. To General Houston he wrote on January 7:
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"In all our Texas affairs, as you are well apprised, I have felt it to be my duty to be very cautious in involving the pioneers and actual settlers of that country, by any act of mine, until I was fully and clearly convinced of its necessity, and of the capabilities of our resources to sustain it. Hence it is that I have been censured by some for being over cautious. Where the fate of a whole people is in question, it is difficult to be over cautious, or to be too prudent.
"Besides these general considerations, there are others which ought to have weight with me individually. I have been, either directly or indirectly, the cause of drawing many families to Texas, also the situation and circumstances in which I have been placed have given considerable weight to my opinions. This has thrown a heavy responsibility upon me-so much so, that I have considered it to be my duty to be prudent, and even to control my own impulses and feelings: these have long been impatient under the state of things which has existed in Texas, and in favour of a speedy and radical change. But I have never approved of the course of fore- stalling public opinion, by party or partial meetings or by manage- ment of any kind. The true course is to lay facts before the people and let them judge for themselves. I have endeavoured to pursue this course. A question of vital importance is yet to be decided by Texas, which is a declaration of Independence.
"When I left there, I was of opinion that it was premature to stir this question, and that we ought to be very cautious of taking any step that would make the Texas war purely a national war, which would unite all parties against us, instead of its being a party war, which would secure to us the aid of the federal party. In this I acted contrary to my own impulses: for I wish to see Texas free from the trammels of religious intolerance, and other anti-republican restrictions ; and independent at once; and as an individual, have always been ready to risk my all to obtain it; but I could not feel justifiable in precipitating and involving others until I was fully satisfied that they would be sustained.
"Since my arrival here, I have received information which has satisfied me on this subject. I have no doubt we can obtain all, and even much more aid than we need. I now think the time has come for Texas to assert her natural rights; and were I in the convention I would urge an immediate Declaration of Independence. I form this opinion from the information now before me. I have not heard of any movement in the interior, by the federal party, in favour of Texas, or of the constitution ; on the contrary, the information from Mexico is that all parties are against us, owing to what has already been said and done in Texas, in favour of Independence ; and that we have nothing to expect from that quarter but hostility. I am acting on this information, if it be true; and I have no reason to doubt it. Our present position in favour of the republican prin- ciples of the Constitution of 1824 can do us no good ; and it is doing 11s harm by deterring those kinds of men from joining us who are most useful. I know not what information you may have in Texas as to movements of the federal party in our favour, nor what influ-
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ence they ought to have on the decision of this question, this being a matter which the convention alone can determine. I can only say, that with the information now before me I am in favour of an immediate Declaration of Independence.
"Santa Anna was at San Luis Potosi, according to the last account, marching on rapidly, with a large force against Texas. We must be united and firm and look well to the month of March, and be ready. I shall try to be at home by that time."
This advice Austin continued to give until the meeting of the con- vention, and before it opposition to a declaration of independence dis- appeared.
On March 1 the convention assembled, and organized by electing Richard Ellis president and H. S. Kimball secretary. George C. Chil- dress moved the appointment of a committee of five to draft a declara- tion of independence, and, after an attempt by Martin Parmer to enlarge the committee by the appointment of one member from each munici- pality represented in the convention, the president appointed Childress, James Gaines, Bailey Hardeman, Edward Conrad, and Collin Mckinney. This committee reported a declaration the next day, March 2, which was unanimously adopted. Five copies of the declaration were ordered prepared for distribution, at Bexar, Goliad, Nacogdoches, Brazoria, and San Felipe ; and as soon as possible 1,000 copies were to be printed at San Felipe and distributed in handbill form. In style the declaration was modeled after the American declaration of 1776, beginning with a philosophical statement of the nature of government, then passing to an enumeration of the causes of the declaration, and closing with the solemn declaration of the severance of all connection with Mexico.
THE UNANIMOUS DECLARATION OF INDEPENDENCE MADE BY THE DELE- GATES OF THE PEOPLE OF TEXAS IN GENERAL CONVENTION AT THE TOWN OF WASHINGTON ON THE 2D DAY OF MARCH, 1836.
When a government has ceased to protect the lives, liberty and prop- erty of the people, from whom its legitimate powers are derived, and for the advancement of whose happiness it was instituted, and, so far from being a guarantee for the enjoyment of those inestimable and in- alienable rights, becomes an instrument in the hands of evil rulers for their oppression: When the Federal Republican Constitution of their country, which they have sworn to support, no longer has a substantial existence, and the whole nature of their government has been forcibly changed, without their consent, from a restricted federated republic, com- posed of sovereign states, to a consolidated, central, military despotism, in which every interest is disregarded but that of the army and the priesthood-both the eternal enemies of civil liberty, the ever-ready minions of power, and the usual instruments of tyrants: When long after the spirit of the constitution has departed, moderation is, at length, so far lost by those in power that even the semblance of freedom is removed, and the forms, themselves, of the constitution discontinued; and so far from their petitions and remonstrances being regarded the agents who bear them are thrown into dungeons ; and mercenary armies sent forth to force a new government upon them at the point of the bayonet: When in
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consequence of such acts of malfeasance and abdication, on the part of the government, anarchy prevails and civil society is dissolved into its original elements. In such a crisis, the first law of nature, the right of self-preservation-the inherent and inalienable right of the people to appeal to first principles and take their political affairs into their own hands in extreme cases-enjoins it as a right towards themselves and a sacred obligation to their posterity to abolish such government and create another, in its stead, calculated to rescue them from impending dangers, and to secure their future welfare and happiness.
Nations, as well as individuals, are amenable for their acts to the public opinion of mankind. A statement of a part of our grievances is, therefore, submitted to an impartial world, in justification of the haz- ardous but unavoidable step now taken of severing our political con- nection with the Mexican people, and assuming an independent attitude among the nations of the earth.
The Mexican government, by its colonization laws invited and induced the Anglo-American population of Texas to colonize its wilderness under the pledged faith of a written constitution that they should con- tinue to enjoy that constitutional liberty and republican government to which they had been habituated in the land of their birth, the United States of America. In this expectation they have been cruelly disap- pointed, inasmuch as the Mexican nation has acquiesced in the late changes made in the government by General Antonio Lopez de Santa Anna, who, having overturned the constitution of his country, now offers us the cruel alternative either to abandon our homes, acquired by so many pri- vations, or submit to the most intolerable of all tyranny, the combined despotism of the sword and the priesthood.
It has sacrificed our welfare to the state of Coahuila, by which our interests have been continually depressed through a jealous and partial course of legislation carried on at a far distant seat of government, by a hostile majority, in an unknown tongue ; and this too, notwithstanding we have petitioned in the humblest terms, for the establishment of a separate state government, and have, in accordance with the provisions of the national constitution, presented to the general Congress a repub- lican constitution which was, without just cause contemptuously rejected.
It incarcerated in a dungeon, for a long time, one of our citizens, for no other cause but a zealous endeavor to procure the acceptance of our constitution and the establishment of a state government.
It has failed, and refused to secure, on a firm basis, the right of trial by jury, that palladium of civil liberty, and only safe guarantee for the life. liberty, and property of the citizen.
It has failed to establish any public system of education, although possessed of almost boundless resources (the public domain) and, al- though, it is an axiom, in political science, that unless a people are edu- cated and enlightened it is idle to expect the continuance of civil liberty, or the capacity for self-government.
It has suffered the military commandants stationed among us to exer- cise arbitrary acts of oppression and tyranny ; thus trampling upon the most sacred rights of the citizen and rendering the military superior to the civil power.
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It has dissolved by force of arms, the State Congress of Coahuila and Texas, and obliged our representatives to fly for their lives from the seat of government ; thus depriving us of the fundamental political right of representation.
It has demanded the surrender of a number of our citizens, and ordered military detachments to seize and carry them into the interior for trial ; in contempt of the civil authorities, and in defiance of the laws and the constitution.
It has made piratical attacks upon our commerce, by commissioning foreign desperadoes, and authorizing them to seize our vessels, and con- vey the property of our citizens to far distant ports for confiscation.
It denies us the right of worshipping the Almighty according to the dictates of our own conscience; by the support of a national religion calculated to promote the temporal interests of its human functionaries rather than the glory of the true and living God.
It has demanded us to deliver up our arms, which are essential to our defense, the rightful property of freemen, and formidable only to tyrannical governments.
It has invaded our country, both by sea and by land, with intent to lay waste our territory and drive us from our homes; and has now a large mercenary army advancing to carry on against us a war of exter- mination.
It has, through its emissaries, incited the merciless savage, with the tomahawk and scalping knife, to massacre the inhabitants of our defenseless frontiers.
It hath been, during the whole time of our connection with it, the contemptible sport and victim of successive military revolutions, and hath continually exhibited every characteristic of a weak, corrupt, and tyrannical government.
These, and other grievances, were patiently borne by the people of Texas until they reached that point at which forbearance ceased to be a virtue. We then took up arms in defence of the national constitution. We appealed to our Mexican brethren for assistance. Our appeal has been made in vain. Though months have elapsed, no sympathetic re- sponse has yet been heard from the Interior. We are, therefore, forced to the melancholy conclusion that the Mexican people have acquiesced in the destruction of their liberty, and the substitution therefor of a military government-that they are unfit to be free and are incapable of self-government.
The necessity of self-preservation, therefore, now decrees our eter- nal political separation.
We, therefore, the delegates, with plenary powers, of the people of Texas, in solemn convention assembled, appealing to a candid world for the necessities of our condition, do hereby resolve and declare that our political connection with the Mexican nation has forever ended; and that the people of Texas do now constitute a free sovereign and inde- pendent republic, and are fully invested with all the rights and attri- butes which properly belong to independent nations; and, conscious of the rectitude of our intentions, we fearlessly and confidently commit the issue to the decision of the Supreme Arbiter of the destinies of nations.
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Members of the convention not present when the declaration was passed were allowed to sign it, and the original declaration now pre- served in the State's Archives bears fifty-eight signatures. They are : Richard Ellis, Charles B. Stewart, Thomas Barnett, James Collinsworth, Edwin Waller, John S. D. Byrom, Francisco Ruiz, J. Antonio Navarro, Jesse B. Badgett, Wm. B. Lacey, William Menefee, John Fisher, Mathew Caldwell, William Mottley, Lorenzo de Zavala, Stephen H. Everett, George W. Smyth, Elijah Stapp. Claiborne West, William B. Scates, M. N. Menard, A. B. Hardin, J. W. Burton, Thomas J. Gazley, R. M. Coleman, Sterling C. Robertson, George C. Childress, Bailey Hardeman, Robert Potter, Thomas Jefferson Rusk, Charles S. Taylor, John S Roberts, Robert Hamilton, Collin Mckinney, Albert H. Latimer, James Power, Sam Houston, David Thomas, Edward Conrad, Martin Parmer, Edwin O. LeGrand, Stephen W. Blount, James Gaines, William Clark. Jr., Sydney S. Pennington, William Carrol Crawford, John Turner, Benjamin Briggs Goodrich, G. W. Barnett, Jesse Grimes, S. Rhoads Fisher, John W. Moore, John W. Bower, Samuel A. Maverick, Sam P Carson, A. Briscoe, James B. Woods.
On March 2, before the vote was taken on the declaration, the presi- dent had already appointed a committee consisting of one delegate from each municipality represented in the convention to draft a constitution. This included Messrs. Parmer, Potter, Stewart, Waller, Grimes. Cole- man, Fisher. Burton, Gaines, Zavala, Everett, Hardeman, Stapp, Craw- ford, West, Power, Navarro, Mckinney, Menefee, Mottley, and Menard. The next day Messrs. Houston, Hamilton. Collinsworth, and Thomas were added to the committee.
While the committee was preparing its report the convention dis- posed of several important measures. On the 3d it adopted resolutions closing the land offices and forbidding commissioners to issue titles, and authorized the enlistment of a regiment of rangers. On the 4th it elected General Houston "commander-in-chief of all the land forces of the Texan army, both regulars, volunteers and militia, while in actual sery- ice ;" and he was to retain this office "until the election of a chief magis- *
* subject, however, to the federal * trate of this government * orders of the government de facto * * and always amenable to the laws and civil authorities of the country." On the 6th General Houston addressed the convention in explanation of his "former course as commander-in-chief" and departed for the army. On the 7th the con- vention passed a law declaring all male inhabitants of Texas between the ages of seventeen and fifty subject to militia duty, and providing for the immediate organization of a militia force. And on March 14th it in- creased the land bounties allowed to volunteers: to those who served throughout the war should be given 1,280 acres; and corresponding amounts were to be allowed those who served for shorter terms.
The committee on the constitution presented its report on the 9th, and from that time the convention occupied itself almost exclusively with the constitution. As finally completed, this first constitution of the Republic of Texas was very much like the constitution of the United States.
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The legislature or Congress consisted of two houses-the house of representatives and the senate. Representatives were elected for one year ; senators for three years, one-third retiring annually. The House was to consist of not less than twenty-four nor more than forty men- bers until the population of the republic reached one hundred thousand ; then it might be increased to not less than forty nor more than one hun- dred. But each county was to have at least one representative. The senate was to consist of not less than one-third nor more than one-half the number of representatives. The powers of the legislature were almost identical with those of the Congress of the United States: "to levy and collect taxes and imports, excise and tonnage duties; to borrow money on the faith, credit and property of the government, to pay debts and to provide for the common defense and general welfare of the republic;" to regulate commerce and coin money ; to establish postoffices and post roads ; to declare war, maintain an army and navy ; and "To make all laws which shall be deemed necessary and proper to carry into effect the fore- going express grants of power." One of the duties of the congress was. 'as soon as circumstances will permit to provide by law a general system of education."
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