USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 37
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The president and vice-president were elected by direct vote of the people, and ties were to be settled by the house of representatives voting viva voce. The first president was to hold office two years and was in- eligible for re-election until one term had intervened. Succeeding presi- dents held office for three years, but were subject to the same limitation as to immediate re-election. The powers of the president were those in general that were enjoyed by the president of the United States.
The judiciary department consisted of a supreme court and such district courts-not less than three nor more than eight-as congress should determine. The supreme court consisted of the chief justice acting with the district judges, a majority of whom formed a quorum. As soon as practicable congress was to introduce by statute the English common law in place of the existing Spanish-Roman law, making such modifications in the common law as seemed desirable.
Slavery was recognized. Congress was denied the power to emanci- pate slaves ; nor could an owner liberate his slaves without the consent of congress, unless he sent them out of the country. No free negroes might reside in the republic without the consent of congress. Congress could pass no laws prohibiting the immigration of slaves with their masters from the United States; but importation of slaves except from the United States was declared piracy.
Fraudulent grants of land made by the congress of Coahuila and Texas were declared null, and to clear up the existing confusion in the land titles congress was enjoined to establish a general land office.
The members of the convention labored in the midst of confusion and under great personal excitement and alarm, but this is not reflected in the constitution, which was ratified almost unanimously by those who voted in September, 1836, and which served the Republic of Texas until its annexation to the United States in 1846. Santa Anna's forces were advancing in overwhelming numbers. Johnson and Grant's divi- sions were destroyed, as we shall learn below ; Travis's powerful appeals
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from the Alamo for reinforcements were wringing every heart; and on the 16th came the news that General Houston was retreating from Gonzales and that the Mexicans were advancing into the colonies. The strain under which the members labored is shown by a letter of the 6th from Martin Parmer to his wife at Nacogdoches :
"We have alarming news continually from the west; Frank Johnson's division is all killed but five, it is supposed. He saw two shot begging for quarters. Dr. Grant with a company of men is sup- posed to be all slain. Travis' last express states San Antonio was strongly besieged; it is much feared that Travis. and company is all massacred, as dispatches from that place have been due three days and none have arrived yet. The frontiers are breaking up, Gonzales must be sacked, and its inhabitants murdered and defiled without they get immediate aid. The last accounts the Mexicans were to a considerable number between Gonzales and San Antonio. Fanning is at La Bahia with about 500 men, and is in daily expecta- tion of a visit from Santa Anna. Texas has been declared free and independent, but unless we have a general turn out and every man lay his helping hands to, we are lost. Santa Anna and his vassals are now on the borders, and the declaration of our freedom, unless it is sealed with blood, is of no force. * * Travis closes his last expresses with these words, "Help, O my country'."
Before adjournment the convention realizing the impossibility of holding elections to ratify the constitution and choose officers, passed an ordinance creating a government ad interim. This was to consist of a president, vice-president, secretaries of state, war, and treasury, and an attorney general-all to be elected by the convention by majority vote- and to have "full, ample and plenary powers to do all and everything which is contemplated to be done by the General Congress of the people, under the powers granted to them by the constitution, saving and except- ing all legislative and judicial acts." Specifically the government ad interim had authority to appoint all officers, to negotiate a loan of a million dollars, to appropriate money for the defense of the country, and to negotiate treaties with foreign powers. The closing hours of the con- vention are thus described by David G. Burnet, who had just been elected president ad interim and who was present :
."On the evening of the 16th of March a messenger arrived from the west, bearing the melancholy intelligence that the Alamo had fallen, and all within it been massacred. The Convention assembled forthwith, and with some few symptoms of undue excitement, pro- ceeded to the institution of an executive government for the embryo republic. David G. Burnet was elected President ; Lorenzo de Zavala, a distinguished Mexican, was elected Vice-President; Col. Samuel P. Carson, formerly of North Carolina, Secretary of State; Bailey Hardeman. Secretary of the Treasury ; Col. Thomas J. Rusk, Secre- tary of War; Robert Potter, Secretary of the Navy; and David Thomas, Attorney-General.
"The inauguration of the new government was completed about two o'clock in the morning of 17th March. the Convention having been in session all the night. Mr. Burnet delivered a pertinent ad-
VOL. I-18
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dress of some length, and on the ensuing day issued a proclamation from which we extract the following : 'The government will remove to Harrisburg ; but that removal is not the result of any apprehension that the enemy is near us. It was resolved upon as a measure con- ducive to the common good, before any such report was in circula- tion, and it has not been expedited by such report. * Let us acquit ourselves like men : gird up the loins of our minds, and by one united, prompt, and energetic exertion, turn back this impotent invader ; and planting our standard on the bank of the Rio Grande, dictate to him the terms of mutual recognition.' Both these docu- ments were published at San Felipe, in fugitive handbills, a very few of which are now extant."
CHAPTER XIX THE FALL OF THE ALAMO
When Johnson and Grant determined to undertake the expedition against Matamoras, Grant, as we saw, marched to San Patricio with most of the volunteers who had shared in the capture of San Antonio, while Johnson went to San Felipe to obtain the authorization of the government for the expedition. Lieutenant-Colonel J. C. Neill was left in command of the garrison at San Antonio, and soon found himself in an unpleasant predicament, shown in his letter given in a previous chapter.
On January 14, Colonel Neill wrote General Houston additional details of his situation. His men had been in the field, he said, nearly four months and were nearly naked; they had not yet received their first month's pay, though it was expected the day that he wrote, and many of the inen were talking of going home.
"Not less than twenty men will leave to-morrow, and leave here only about eighty efficient men under my command. There are at Laredo now 3,000 men under the command of General Ramirez, and two other generals, and, as it appears from a letter received here last night, 1,000 of them are destined for this place, and two thousand for Matamoras. We are in a torpid, defenseless condition, and have not and cannot get from all the citizens here horses enough to send out a patrol or spy company. *
* * I hope we will be reinforced in eighty days, or we will be overrun by the enemy, but, if I have only 100 men. I will fight 1,000 as long as I can and then not surrender .*
These two letters had important results. Governor Smith was already thoroughly angry over the Council's determination to push the expedition against Matamoras, and Neill's letter, showing the defenseless condition of the post at San Antonio, caused him to lose control of himself and send in his bitter message of January 11 denouncing certain members of the Council as scoundrels and parricides. And this message as we have seen, precipitated the quarrel between the governor and the Council, which paralyzed the government until the meeting of the convention. At the same time, however, he ordered Colonel Travis to the relief of Neill with a hundred men. General Houston replied to Neill's letter on the 16th by sending James Bowie from Goliad with a handful of men, while he took steps to forward additional reinforcements under Captain Dimit.
Bowie reached San Antonio without delay, and on February 2 wrote Governor Smith, calling for additional reinforcements :
"Relief at this post in men, money and provision is of vital im- portance. The salvation of Texas depends on keeping Bexar out of the hands of the enemy. * Colonel Neill and myself have come to the same conclusion, that we will rather die in these ditches than give up to the enemy. These citizens deserve our patriotism, and the public safety demands our lives rather than evacuate this post to the enemy. Again we call aloud for relief. *
* * Our force is very small. The returns this day show only 120 men and officers.
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It would be a waste of men to put our brave little band against thou- sands. I have information just now from a friend that the force at Presidio is 2,000 complete. He states further that 5,000 more are a little back and marching on. The informant says that they intend to make a descent on this place in particular, and there is no doubt of it.'
Travis's movements can be shown by his letters to Governor Smith. On January 28 he wrote from Burnham's on the Colorado :
"SIR: In obedience to my orders I have done everything in my power to get ready to march to the relief of Bexar, but owing to the difficulty of getting horses and provisions, and owing to desertions, etc. I shall march to-day with only about thirty men, all regulars, except four. I shall however go on and do my duty, if I am sacri- ficed, unless I receive new orders to countermarch. Our affairs are gloomy indeed-The people are cold and indifferent-They are worn down and exhausted with the war, and in consequence of dissentions between contending and rival chieftains, they have lost all confidence in their own government and officers. You have no idea of the ex- hausted state of the country-Volunteers can no longer be had or relied upon-A speedy organization, classification and draft of the Militia is all that can save us now. A regular army is necessary- but money, and money alone can raise and equip a regular army -- Money must be raised or Texas is gone to ruin. Without it war cannot again be carried on in Texas-The patriotism of a few has done much; but that is becoming worn down-I have strained every nerve -- I have used my personal credit and have neither slept day nor night since I rec'd orders to march-and with all this exertion I have hardly been able to get horses and equipments for the few men I have. *
The next day, January 29, Travis wrote from Burnham's :
"SIR: I have been here with the troops under Captain Forsythe, but shall await your orders at Gonzales, or some other point on the road. I shall, however, keep the thirty men of Forsythe's company in motion towards Bexar, so that they may arrive there as soon as possible.
"Not having been able to raise 100 volunteers agreeable to your orders, and there being so few regular troops together, I must beg that your Excellency will recall the order for me to go to Bexar in command of so few men. I am willing, nay anxious, to go to the defense of Bexar, but, sir, I am unwilling to risk my reputation (which is ever dear to a soldier) by going off into the enemy's country with such little means, so few men, and with them so badly equipped. In fact. there is no necessity for my services to command these few men. The company officers will be amply sufficient.
"If the Executive or the Major General desire or order it, I will visit the post of San Antonio or any other for the purpose of con- sulting or communicating with the officers in command there-or to execute any commission I may be entrusted with, but I do not feel disposed to go to command a squad of men, and without the means of carrying on a campaign. Therefore I hope your Excellency will
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take my situation into consideration, and relieve me from the orders which I have heretofore received, so far as they compel me to com- mand in person the men who are now on their way to Bexar-Other- wise I shall feel it due to myself to resign my commission.
"I would remark that I can be more useful at present, in superin- tending the recruiting service. * * *"
On February 12 Travis wrote Governor Smith from San Antonio :
"SIR: Santa Anna by the last accounts was at Saltillo with a force of 2,500 men and Gen. Ramirez Sesma was at the Rio Grande with about 2,000. He has issued his proclamation denouncing ven- geance against the people of Texas, and threatens to exterminate every white man within its limits. This, being the frontier post, will be the first attacked. We are illy prepared for their reception, as we have not more than 150 men here and they in a very disorganized state. Yet we are determined to sustain it as long as there is a man left, because we consider death preferable to disgrace, which would be the result of giving up a post so dearly won, and thus opening the door for the invaders to enter the sacred territory of the colonies. We hope our countrymen will open their eyes to the present danger, and awake from their false security. I hope that all party dissensions will subside, that our fellow-citizens will unite in the common cause and fly to the defense of the frontier.
"I fear that it is useless to waste arguments upon them-The thunder of the enemy's cannon and the pollution of their wives and daughters-The cries of their famished children and the smoke of their burning dwellings, will only arouse them, I regret that the Government has so long neglected a draft of the militia which is the only measure that will ever bring the citizens of Texas to the fron- tiers-For God's sake and for the sake of our country, send us rein- forcements. I hope you will send to this post at least two companies of regular troops.
"In consequence of the sickness of his family, Lieutenant-colonel Neill has left this post to visit home for a short time, and has re- quested me to take command of the post.
"The troops here, to a man, recognize you as their legitimate Governor, and they expect your fatherly care and protection. In conclusion, let me assure your Excellency that with 200 men I believe this place can be maintained, and I hope they will be sent as soon as possible. Yet, should we receive no reinforcements, I am determined to fight to the last, and should Bexar fall, your friend will be buried beneath its ruins."
The next day, February 13, Travis wrote:
"DEAR SIR: I wrote you an official letter last night as Command- ant of this post in the absence of Colonel Neill, and if you had taken the trouble to answer my letter from Burnham's, I should not have been under the necessity of troubling you. My situation is truly awkward and delicate. Colonel Neill left me in command, but wish- ing to give satisfaction to the volunteers here and not wishing to assume any command over them, I issued an order for the election of an officer to command them, with the exception of one company of
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volunteers that had previously engaged to serve under me. Bowie was elected by two small companies. * *
* I hope you will order immediately some regular troops here, as it is more important to occupy this post than I imagined when I last saw you. It is the key of Texas from the interior. Without a footing here, the enemy can do nothing against us in the colonies, now that our coast is guarded by armed vessels. I do not solicit the command of this post. but as Colonel Neill has applied to the Commander-in-Chief to be relieved and is anxious for me to take command, I will do it, if it be your order for a time, until an artillery officer can be sent here. * * * The enemy is on the Rio Grande 1,000 strong and is mak- ing every preparation to invade us. By the 15th of March 1 think Texas will be invaded, and every preparation should be made to re- ceive them."
On February 23, at three o'clock in the afternoon Travis dispatched a hasty note to Andrew Ponton, Alcalde of Gonzales, saying :
"The enemy in large force is in sight. We want men and provi- sions. Send them to us. We have 150 men and are determined to defend the Alamo to the last. Give us assistance."
The next day he wrote the letter that has been called the most heroic document in American history :
"COMMANDANCY OF THE ALAMO, Bexar, Feby. 24th, 1836. "To the People of Texas and All Americans in the World-
"FELLOW CITIZENS AND COMPATRIOTS: I am besieged by a thou- sand or more of the Mexicans under Santa Anna. I have sustained a continual Bombardment and cannonade for 24 hours and have not lost a man. The enemy has demanded a surrender at discretion, otherwise, the garrison are to be put to the sword, if the fort is taken. I have answered the demand with a cannon shot, and our flag still waves proudly from the walls. I shall never surrender or retreat. Then, I call on you in the name of Liberty, of Patriotism and every- thing dear to the American character, to come to our aid with all dispatch. The enemy is receiving reinforcements daily and will no doubt increase to three or four thousand in four or five days. If this call is neglected, I am determined to sustain myself as long as possible and die like a soldier who never forgets what is due to his own honor and that of his country. VICTORY OR DEATH.
"WILLIAM BARRETT TRAVIS, "Lt. Col. Comdt. "P. S. The Lord is on our side. When the enemy appeared in sight we had not three bushels of corn. We have since found in deserted houses 80 to 90 bushels and got into the walls 20 or 30 head of Beeves."
"TRAVIS."
In reply to Travis' note of the 23d to Andrew Ponton thirty-two men marched from Gonzales to support him, and, passing through the enemy's lines, entered the Alamo on the night of March 1. Ponton sent the letter to San Felipe, and on February 27 Governor Smith published in handbill form an appeal to the people of Texas for reinforcements :
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"Fellow Citizens and Countrymen: The foregoing official com- munication from Colonel Travis, now in command at Bexar, needs no comment. The garrison, composed of only 150 Americans, en- gaged in a deadly conflict with 1,000 of the mercenary troops of the Dictator, who are daily receiving reinforcements, should be a suffi- cient call upon you without saying more. However secure, however fortunate, our garrison may be, they have not the provisions nor the ammunition to stand more than a thirty days' siege at farthest.
"I call upon you as an officer, I implore you as a man, to fly to the aid of your besieged countrymen and not permit them to be massacred by a mercenary foe. I slight none! The call is upon ALL who are able to bear arms, to rally without one moment's delay, or in fifteen days the heart of Texas will be the seat of war. This is not imaginary. The enemy from 6,000 to 8,000 strong are on our border and rapidly moving by forced marches for the colonies. The campaign has commenced. We must promptly meet the enemy or all will be lost. Do you possess honor? Suffer it not to be insulted or tarnished ! Do you possess patriotism? Evince it by your bold, prompt and manly action! If you posses even humanity you will rally without a moment's delay to the aid of your besieged country- men !"
But no response could be made to this appeal in time to save the garrison.
At the same time that Travis wrote to Ponton he sent a messenger to Fannin at Goliad, asking for assistance. Fannin had some four hun- dred and twenty men there, and on February 26 he started with most of them for San Antonio, but shortly afterward changed his mind and returned to the fort at Goliad, which he began to strengthen. The ac- count of his movements and the reasons therefore are given in a letter written by his aid, John Sowers Brooks, on March 2:
"We marched at the time appointed, with nearly the whole force at Goliad, leaving only one Company of Regulars to guard the Fort. Our baggage wagons and artillery were all drawn by oxen (no broken horses could be obtained) and there were but a few yokes of them. In attempting to cross the San Antonio River, three of our wagons broke down and it was with the utmost labor and personal hazard, that our four pieces of cannon were conveyed safely across. We remained there during the day, with our ammuni- tion wagon on the opposite side of the river. During the night, some of the oxen strayed off and could not be found the next morning. Our situation became delicate and embarrassing in the extreme. If we proceeded we must incur the risk of starvation, and leave our luggage and artillery behind. The country between us and Bexar is entirely unsettled, and there would be but little hope of obtaining provisions on the route and we would be able only to carry 12 rounds of cartridges each. Every one felt an anxiety to relieve our friends, who we had been informed, had retired to the Alamo, a fortress in Bexar, resolved to hold out, until our arrival. Yet every one saw the impropriety, if not the impossibility of our proceeding under existing circumstances and it was equally apparent to all that
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our evacuation of Goliad would leave the whole frontier from Bexar to the coast open to the incursions of the enemy, who were then concentrating at Laredo, and the provisions, clothing, military stores, et cetra, at Dimmitt's Landing and Matagorda, perhaps all that were in Texas, would eventually be lost. Intelligence also reached us that the advance of Santa Anna's lower division had surprised San Patricio about fifty miles in front of our position and put the whole garrison under the command of Colonel Johnson to the sword. Five of them have reached this place. Colonel Johnson is one of them, and they are probably all that have escaped. Captain Pearson of the Volunteers, was killed with several others, after they had surrendered. The war is to be one of extermination. Each party seems to under- stand that no quarters are to be given or asked. We held Council of War in the bushes on the bank of the river; and after a calm review of all these circumstances, it was concluded to return to Goliad, and place the Fort in a defensible condition."
Travis's last messages were borne through the besieging lines by John W. Smith on the night of March 3. A letter to the president of the con- vention gave a report of the siege since February 25:
"COMMANDANCY OF THE ALAMO BEJAR, March 3d 1836.
: "SIR: In the present confusion of the political authorities of the country, and in the absence of the commander-in-chief, I beg leave to communicate to you the situation of this garrison. You have doubtless already seen my official report of the action of the twenty- fifth ult. made on that day to Gen. Sam. Houston, together with the various communications heretofore sent by express, I shall there- fore confine myself to what has transpired since that date.
"From the twenty-fifth to the present date the enemy have kept up a bombardment from two howitzers,-one a five and a half inch, and the other an eight inch,-and a heavy cannonade from two long nine-pounders, mounted on a battery on the opposite side of the river at a distance of four hundred yards from our wall. During this period the enemy have been busily employed in encircling us in with entrenched encampments on all sides, at the following distance. to wit: In Bejar, four hundred yards west; in Lavilleta, three hundred yards south ; at the powder house, one thousand yards east of south ; on the ditch, eight hundred yards northeast, and at the old mill, eight hundred yards north. Notwithstanding all this, a com- pany of thirty-two men from Gonzales, made their way in to us on the morning of the first inst. at three o'clock, and Col. J. B. Bon- ham (a courier from Gonzales) got in this morning at eleven o'clock, without molestation. I have fortified this place, so that the walls are generally proof against cannon balls; and I still continue to en- trench on the inside, and strengthen walls by throwing up the dirt. At least two hundred shells have fallen inside of our works without having injured a single man; indeed we have been so fortunate as not to lose a man from any cause, and we have killed many of the enemy. The spirits of my men are still high, although they have had much to depress them. We have contended for ten days against
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an enemy whose numbers are variously estimated at from fifteen hundred to six thousand men, with General Ramirez Sesma and Colonel Batres, the aid-de-camp, of Santa Anna, at their head. A report was circulated that Santa Anna himself was with the enemy, but I think it was false. A reinforcement of about one thousand men is now entering Bejar, from the west, and I think it more than probable that Santa Anna is now in town, from the rejoicing we hear.
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