USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 46
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On March 29, 1845, after the passage of the joint resolution, and when the agent of the United States was hourly expected at the Texan capital to offer annexation, Captain Charles Elliot, the British chargé, and Count de Saligny, the French representative, made a final effort to prevent annexation. They induced President Jones to agree not to accept annexation for ninety days, while Elliott should go to Mexico and attempt to obtain a recognition of the independence of Texas on condi- tion that Texas pledged itself to remain independent. Mexico finally accepted this proposal after considerable delay on May 19.
In the meantime Major A. J. Donelson had submitted to the Texan government the proposal for annexation on the terms of the joint reso- lution. He had received his instructions from Calhoun on March 3, and had been urged to hasten the negotiation, lest England exert influence on Texas to reject the proposal. The next day Polk was inaugurated and James Buchanan became secretary of state. On March 10 he wrote Donelson to try to get Texas to accept the proposal without amendment, so as to avoid delay. If the convention objected to surrendering the cus- tom duties of the republic without the assumption of the public debt by the United States, he might suggest a resolution offering the public lands for sale to the federal government, and Buchanan expressed con- fidence that Congress would buy. But this should be presented as an independent proposal, and not as a condition of accepting annexation.
That Tyler and Polk were not over sanguine of the acceptance of the joint resolution by Texas is manifest from this anxiety, and from the arguments with which Donelson urged the proposal. In his letter to the Texan secretary of state, Ebenezer Allen, on March 31, 1845, he said :
"The undersigned doubts not that there are objections to the terms proposed, which under ordinary circumstances ought to be obviated before a basis which admits them is adopted. But the circumstances are not ordinary, and the objections when weighed in the scale of importance with the magnitude of the interests in- volved in the success of the measure, become secondary in their character, and may be postponed until the natural course of events removes them. If annexation should now be lost, it may never be recovered. A patriotic and intelligent person, in the pursuit of a measure of general utility, if they commit a partial mistake, or inflict temporary injuries were never known to fail in making the proper reparation. If they have in this instance made proposals of union to Texas on terms which deprive her of means that should be exclusively hers to enable her to pay the debt contracted in the war for her independence, it has been accidental; and no assurance from the undersigned can be needed to give value to the anticipa- tion that such an error will be corrected whenever it is communicated to the government of the United States.
"It is objected that Texas, in surrendering her revenue from customs, parts with the ability to put into efficient organization her state government. This objection must result from an undue ex- amination of the expenditures which the United States, on the other hand, will make in the many improvements necessary on the sea-
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coast of Texas, to protect and facilitate her commerce, in the re- moval of obstructions in her numerous bays and rivers, and in the military organizations necessary to guard her extensive frontier against the inroads of a foreign enemy. * * * When expendi- tures for these and many other internal objects are drawn from the Treasury of the Union, and not from that of Texas, it will be seen that the remaining means for the support of the State govern- ment will not only be as great as they now are, but rapidly increased by the influx of population and the growing capacity resulting from the superabundance of their rich productions.
"So also, on the part of the U. S., it was objected that the ces- sion of the unappropriated lands ought to have been made by Texas for a fair consideration to enable the Federal government to extend her Indian policy over the various tribes within her limits. The right to extinguish the Indian title to lands seems almost a neces- sary consequence of the obligation to regulate the trade and inter- course with them, and to keep them at peace with each other and with us; and the absence of any provision to this effect in the terms proposed constituted a serious obstacle in the minds of many sin- cerely friendly to the measure. Yet so strong was the desire to put the question beyond the possibility of defeat and to leave with Texas the means of discharging her national debt, that they never- theless recorded their votes in its favor.
"But reference is made to such objections, not to ascertain their justness or unjustness on this occasion, but to remark, on the part of the U. S., that much was conceded to obtain the passage of the resolution. And it was also believed that a like spirit would induce Texas to overlook minor considerations, relying on that high sense of honor and magnanimity which governs both the people and the representatives of the U. S., to secure to her hereafter, all that she can reasonably desire, to place her on the most favorable footing with the other members of the Union."
Semi-officially these promises were scattered broadcast and consider- ably added to. In a letter to the Galveston News, Ashbel Smith, under date of January 25, 1876, said :
"Major Donelson and other official agents sent to Texas by the Federal administration, were most lavish in their averments of what the Federal government would do for Texas, so soon as the con- summation of annexation would enable them to act. * * * The promises were, among others, to clear out our rivers for navigation, to deepen the entrances of our harbors, to build lighthouses on our coasts for commerce, to erect military works, fortifications for the defense of the coast. to execute important works of internal im- provement, and to do various and sundry other good things for Texas, which were beyond our means, or which they could and would do for us better than we of ourselves could. Under the fos- tering protection of the United States it was vehemently prophesied that capital would flow into Texas in fertilizing streams to develop and utilize our immense natural resources. Employment, wealth, prosperity would reign in the land. It would afford the adminis-
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tration at Washington the liveliest pleasure to do, in one word, all goodly things for us. * *
President Jones submitted the question to a convention at Austin on July 4, 1845, along with the Mexican proposal to recognize Texas on condition of its remaining independent. He had previously pointed out that Texas was at peace with the world, that its Indian tribes were tran- quil, that the receipts had been sufficient to meet the expendiures of the government, that the finances were much improved, and congratulated "congress and the country upon a state of peace, happiness and pros- perity never before experienced in Texas, and rarely if ever equaled by so young a nation." It was plainly his purpose to show, what was true, that Texas had passed the period of its greatest hardships and was now quite able to take care of itself. The people, however, were anxious for union with the United States, and the convention accepted the terms of the joint resolution by an all but unanimous vote. A constitution was then adopted and submitted to Congress in December, 1845. This was approved on December 29, and February 16, 1846, President Jones yielded the executive office to Governor J. Pinckney Henderson.
As a rule the public men of Texas were opposed to annexation, de- siring to link their fame with the rise of an independent nation. Presi- dent Houston's attitude is somewhat uncertain. It has generally been thought that he assumed an indifferent air for the purpose of quickening the interest of the United States; but he repeatedly told Elliot, the Brit- ish chargé, that he wished the country to remain independent, and Elliot and the British government believed him sincere. In any event his diplomacy was rather clever. The two most recent studies of the diplo- matic history of the Republic,* both based on extensive familiarity with the manuscript sources of the subject, agree in the opinion that Houston desired independence. The question is a puzzling one that can hardly be definitely settled.
Mexico had repeatedly declared that it would consider the annexa- tion of Texas equivalent to an act of war, and upon the passage of the joint resolution it severed diplomatic relations with the United States. While annexation was not the sole cause of the Mexican war which fol- lowed, it was one of the most important causes.
*Adams, E. D., British Interests and Activities in Texas, 1838-1846. Baltimore, 1 1910. Smith. Justin H., The Annexation of Texas, New York.
CHAPTER XXIII THE TRANSITION FROM REPUBLIC TO STATE
Annexation having been assented to by the convention, the imme diate problem before it was the formation of a state constitution. This task was confronted by obstacles serious as well as unique. How go about it? The existing constitution provided for no such contingency. The calling of the convention could not be left to congress. Repre- sentation in that body had been apportioned in March, 1836, while Santa Anna was at the Alamo. His subsequent invasion and the consequent depopulation of the western counties resulted in very unequal representation in the early congresses of the republic, the western counties enjoying more than their fair share. It had been impossible, however, to correct the inequalities, because the constitu- tion forbade a reapportionment of the representatives until a census was taken, and this the western members successfully opposed. The removal of the government from Austin in 1842 increased the hostility of the West. "The congress of the republic was so constituted," said President Jones :
"That about one-third of the population had a majority in that body over the other two-thirds. This had always been a most exciting theme. *
* * Soon after I made the call for the meet- ing of congress (to consider the terms of annexation) I was informed that some highly respectable and influential members of the majority had declared 'that they had the power in congress, and would keep it in the state government by so apportioning the convention as to perpetuate the old basis.' If this were so, I was well aware it would give rise to a most angry discussion. and perhaps procrastinate the action of congress for months.
* * * The question of a basis of representation carried with it the question of the seat of government, a question which at one time came very near dissolving the government itself. The East. North and Middle were willing to let Austin remain the seat of government if the apportionment of representation could be made equal. To this, however, it was understood, or at least feared the majority might not agree. In this situation I determined upon calling the convention myself. I fixed an equitable basis of representation, and the people throughout the country gener- ally acquiesced in the measure."
Like the convention that formed the constitution of the republic in 1836, the convention of 1845 met at a point on the frontier of Texas. About the only convenience Austin possessed was a newspaper print- ing office. Even the indispensable records of the government, except those of the land office, were at Washington. There was no library. On the other hand, it may be seriously doubted whether at the present time a body of delegates could be selected who would represent an equal variety of legal knowledge and an equally extensive experience
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in the administration of laws as did those of the convention of 1845. Over half of the states of the Union had sons in this convention.
The terms of annexation laid down the broad conditions that the constitution must provide for a republican form of government, that it must be adopted by the people, and be acceptable to the congress of the United States. The people back home and the enemies of Texas in the United States congress were constantly kept in mind, and many doubtful matters were discarded to avoid opposition.
The bill of rights followed closely the declaration of rights of the constitution of 1836. However, several of the provisions of the latter were severely questioned : A provision that in prosecutions for libel "the truth may be given in evidence" was struck out, and the prohibi- tion of imprisonment for debt was retained only after much debate, because it helped to put down the credit system.
The legislature was directed to provide for enumerations of the free inhabitants and of the qualified electors in 1846, 1848 and 1850. The number of representatives was to be apportioned in proportion to the number of free inhabitants-minimum number, forty-five; maxi- mum, ninety. The number of senators was to be apportioned in pro- portion to the number of qualified electors-minimum number, nine- teen ; maximum, thirty-three. The convention fixed the number of representatives for the first legislature at sixty-six, and the number of senators at twenty. The per diem of members of the legislature was
fixed at $3.00; the sessions were to be biennial and were not restricted as to length of duration. The first apportionment of the members of the legislature stirred the feelings of hostility between the West and East ; a compromise was reached by letting each county have at least one representative. The separate basis for apportionment for repre- sentatives and senators caused much debate. The presence of a con- siderable Mexican population and of large numbers of newcomers who had immigrated at the invitation of the government, made it difficult to set forth the qualifications of electors. The delicate ques- tion in regard to the location of the seat of government was solved by designating Austin as such until 1850. when the question should be settled by a vote of the people. Ministers of the gospel were declared ineligible to the legislature.
The judicial powers were vested in a supreme court, district courts and such inferior courts as the legislature might create. The supreme court had appellate jurisdiction only and was constituted by three judges. The judges of the supreme and district courts were appointed by the governor for terms of six years. By an amendment adopted in 1850 the judges were made elective. The salaries of the judges of the supreme and district courts were fixed by the constitution for ten years at $2,000 and $1,750, respectively. At the expiration of the ten years the salaries were raised to $3,000 and $2,250. The attorney general was appointed by the governor, and the district attorneys were elected by the legislature. In 1850 these officers were made elective by the qualified voters. Sheriffs were eligible only four years
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out of every six. The extension of trial by jury in causes of equity was debated at length ; some regarded it as an innovation that threat- ened the independence of the judiciary ; the establishment of courts of chancery was strongly urged. But the friends of the system of administering justice in the same court, according to the principles of both law and equity, or either, as the circumstances of the controversy might demand, won their point.
The governor was made the chief officer of the executive department. He was elected biennially and was not eligible for more than four years in any term of six years. His salary was fixed by the constitution for ten years at $2,000; in 1855 it was increased to $3,000. He possessed power to convene the legislature in extra session, and, under certain circumstances, could adjourn it, but he had no control over the subjects to be considered by the legislature other than the veto. He was for- bidden to hold "any other office or commission, civil or military," while governor. Nevertheless, Governor Henderson led the Texan Volunteers to victory at Monterey. The lieutenant-governor was elected in the same manner as the governor. The secretary of state was appointed by the governor. A treasurer and a comptroller of public accounts were to be elected biennially by the legislature. These two last named officers were made elective in 1850.
Besides framing the government, numerous other subjects demanded the attention of the convention. A body blow was dealt dueling by the adoption of the oath of office; it is retained by the present constitution. Never elsewhere, perhaps, has the desire for public office been seized upon with greater ingenuity to mitigate a social evil.
Following the course recently pursued by the Democrats in the United States, the creation of banks was prohibited. The legislature was for- bidden to issue treasury warrants, treasury notes or paper of any kind intended to circulate as money. Individuals were prohibited from issuing bills, checks, promissory notes or other paper to circulate as money. The state debt was never to exceed $100,000, except in case of war, invasion or insurrection.
Equal and uniform taxation of property in proportion to its value was provided for. Only by a majority of two-thirds of the legislature could property be exempted from taxation ; however, the constitution exempted $250 worth of household goods or other property for each family. An income tax and occupation taxes were authorized. With annexation, the principal source of revenue, the customs duties, was sur- rendered to the United States. Direct taxes had never been popular in Texas. To relieve the annexation measure of the odium of causing direct taxes, the convention adopted the penurious salaries indicated in the foregoing paragraphs.
The measures adopted for the protection of the family deserve men- tion. Besides exempting from taxation $250 worth of household goods, the homestead exemption, introduced by an act of the Republic in 1839, was embodied in the constitution It was defined as 200 acres of land, or town or city lot or lots in value up to $2.000. This homestead was
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exempted from forced sale, nor could the husband sell the same without the consent of the wife. The-e homestead exemptions were the most liberal in existence anywhere at that time. They have been widely copied and their beneficial effects have been generally recognized. "All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards *
* shall be her separate property." This recognition of the property rights of married women was far more liberal than that enjoyed in states where the com- mon law prevailed, yet Texas did not go as far as did Louisiana's laws on the same subject.
The legislature was directed as early as practicable to establish free schools throughout the state and to furnish means for their support by taxation. All public lands heretofore granted, or to be hereafter granted, for public school purposes were not to be sold until the lapse of twenty years, but leased. Every new county was to receive a quantity of school land equal to that granted to counties then existing. One-tenth of the annual revenue of the state, derived from taxation, was set apart for a perpetual school fund.
Some of the most intricate problems coming before the convention related to land claims. Lengthy debates were indulged in upon the propriety of inquiring into forfeitures of lands under the laws of Coa- huila and Texas, lands escheated under the laws of the republic, and lands forfeited by the failure of their owners to take part in the war for Texan independence. The constitution of 1836 had taken positive ground in repudiating some of these claims, and it was concluded simply to reaffirm the law as it stood before the convention assembled. A pro- posal to suspend all colonization contracts made by the president of the republic produced much angry discussion. It was contended that these contracts were illegal from the beginning. since the government had no right to grant lands for colonization purposes while there were out- standing large numbers of unlocated headright claims, donation war- rants and land scrip, the holders of which had an implied right of first choice of location, but had been prevented from making such location by the unprotected condition of the frontier. It was feared that the inclusion of any provision on this subject might jeopardize the approval of the constitution by the United States congress, and a separate ordi- nance ordering the forfeiture of these contracts was submitted to a vote of the people at the same time that the constitution was voted upon.
The constitution is short and exhibits many successful efforts at self- restraint on the part of the convention. Contemporary estimates of the constitution declared it "the best and most conservative document which has been adopted by any of the southern states for ten years past ;" another said of it: "It breathes throughout a spirit of honesty and pa- triotism, and * * contains such essential principles of govern- * ment as will tend to advance the immediate interests and prosperity of the state."
President Jones's friendliness toward annexation was in some quar- ters regarded with much suspicion. This and the important steps yet VOL. 1-23
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to be taken to complete annexation gave rise to a tentative project on the part of some members of the convention for abolishing the existing government and establishing in its place a provisional one to endure until annexation had been completed. On being apprised of these facts, President Jones, with a portion of his cabinet, repaired from Washing- ton to Austin, for he feared that for the convention to attempt such a course would lead to anarchy and perhaps defeat annexation. Some delegates honestly believed that the adoption of the state constitution would put an end to the republic; others argued in favor of the change because it would reduce expenses. Delegate Francis Moore, in an address, showed the inexpediency as well as the danger of such a course, and it was abandoned. That no inconvenience might result from the change from national to state government, ample provision was made for the succession of the latter to the enduring functions of the former. The president was directed to order an election to be held on the second Monday in October for the purpose of adopting or rejecting the consti- tution and for voting for or against annexation. The returns of this election were to be compared on the second Monday in November, and if it was favorable he was directed to proclaim that fact and to transmit copies of the constitution to the president of the United States. The con- sitution thus adopted was to go into effect from and after the organi- zation of the state government. On the second Monday of November President Jones was directed also to order elections to be held on the third Monday in December for governor, lieutenant governor and mem- bers of the legislature. Immediately upon receipt of notice of the accept- ance of the state constitution by the Congress of the United States, he was directed to issue his proclamation convening "at an early day" the legislature. As soon as the legislature shall have organized it shall can- vass the vote for governor, and after the inaugural of the governor the president shall turn over to him "all records, public money, documents, archives and public property of every description whatsoever, under control of the executive branch of the government."
Candidates for the several offices to be filled did not await the presi- dent's proclamation to make their announcements. J. P. Henderson, of San Augustine County, had consented to become a candidate for gover- nor even before the convention adjourned; later he was formally nomi- nated by mass meeting in East Texas. No one was put forward in that section for lieutenant governor. it being considered expedient to leave to West Texas the naming of such a candidate. A. C. Horton. of Mata- gorda County, soon entered the field. After these names had been before the public for some time, Dr. James B. Miller, of Washington County, and N. H. Darnell. of San Augustine County, were put forward as can- didates by a meeting held at Brenhanı. Very little interest was shown in the campaign. The newspapers urged that since the democrats had secured the admission of Texas to the Union, the members sent to the legislature should be particularly cautious in their election of United States senators, in order that only men might be chosen whose records as democrats, both in and out of the Union, were unassailable, and thus assure to Texas a due proportion of influence in the national councils.
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