USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 54
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*Roberts, Ibid., 142, 144-45.
+Brown, "History of Texas," II, 441-42.
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men used the opportunity to gratify their desires. An attempt to rob the penitentiary at Huntsville was made, and the State Treasury at Austin was looted.
One June 2 General E. Kirby Smith went on board a war ship at Ga! veston and formally signed the terms of the surrender of the Tran! Mississippi Department. With this act the last vestige of Confederate military authority vanished.
"Wild rumors were afloat of dire punishments to be inflicted upon prominent rebels by the victorious Yankees. Trials for treason before military commissions and wholesale confiscation of property were to be expected. A sort of panic seized upon many of those who had held office under the Confederacy. Others declared they could not live under the odious rule of their enemies and prepared to emigrate. A lively exodus to Mexico ensued. Among those to go were the highest officials in the state, Generals Smith and Magruder and Governors Clark and Murrah."*
*C. W. Ramsdell, in Texas Historical Quarterly, XI, 209-10.
CHAPTER XXXII RECONSTRUCTION*
The exodus of the principal State and Confederate officials in May 1865 left Texas without a government. Several weeks elapsed before Federal troops arrived. This interregnum did not improve conditions. General Sheridan was appointed to command the Military Division of the Southwest with headquarters at New Orleans. On June 10 he ordered Gen. Gordon Granger with eighteen hundred men to Galveston. The troops were detailed to occupy various points on the coast and in the interior, but their number was far from sufficient to give protection to the frontier or to restore order out of the general confusion that existed. In- mediately after arriving at Galveston, General Granger, on June 19, by proclamation declared the slaves to be free, all laws enacted since seces- sion to be illegal, called upon all Confederate officers and soldiers to repair to certain points to be paroled, and instructed all who had in their possession State or Confederate property to turn it over to officers of the United States.
On May 29 President Johnson issued a proclamation granting an- nesty, with certain exceptions, to persons who had been engaged in the war, on condition of their taking a prescribed oath, and on June 17 he appointed A. J. Hamilton provisional governor of Texas. Hamilton was a native of Alabama who had emigrated to Texas in 1847 and had occu- pied several high offices before the war. A staunch Union man, he was obliged to abandon Texas in 1862. His appointment was acceptable to Union men, but was received with misgivings by some of the Con- federates. He had instructions at the earliest practicable period to pre- scribe rules and regulations for holding a convention, and to assist in the restoration of civil government, and the reestablishment of the con- stitutional relations between the state and the nation.
Governor Hamilton landed at Galveston in July. In a proclama- tion issued at that place on the 25th, he outlined his policy and invited loyal men from every part of the state to visit him at the capital and confer with him upon the condition of the state. Deputations from many counties responded, and the governor as rapidly as possible filled all vacancies in county, district and state offices by provisional appoint- ments. The courts were directed to proceed under the laws existing prior to 1861, except those relating to negroes. There were some com- plaints from loyalists, but in general the governor's policy was sat- isfactory to the people. On August 19 he issued a proclamation pro- viding for the registration of voters. The oath of amnesty was to be administered to all who applied, both to those who sought registration as voters and to those, who being within the exceptions to the general amnesty, took it as a preliminary step toward special pardon. Separate rolls were to be kept of those two classes. Registration progressed very slowly.
*This chapter is based upon Dr. Charles W. Ramsdell's excellent volume on "Reconstruction in Texas."
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With the restoration of peace came the return of the Union refugees. Some of them were very bitter toward the Confederates. They made no secret of their opinions that no one should hold office except Union men, and associations were formed to promote their plans. They as- serted that if the Confederates were given a share in the government it would not be long before they would control it. Texas was a frontier State; even during times of peace the general order suffered through the presence of many turbulent characters. The confusion following the break up of the war afforded an opportunity for these lawless in- dividuals to rob and murder. Confederates, Union men and negroes suffered indiscriminately, yet for political reasons these acts in numerous instances were attributed to the spirit of disloyalty of the Confederates and furnished the political thunder for the radicals in Congress, who opposed the president's policy of reconstruction.
On November 15 Governor Hamilton ordered an election of delegates for January 8, 1866, to a convention to meet at Austin on February 7th. The number and distribution of the delegates corresponded to that of the house of representatives in 1860. The campaign that followed aroused little interest, although there was some discussion of the subjects to come before the convention. The vote was light, and not till after the con- vention assembled was it possible to ascertain the character of its compon- ent elements. There were Unionists like I. A. Paschal, E. Degener, John Hancock, J. W. Throckmorton, E. J. Davis and J. W. Flanagan, former secessionists like O. M. Roberts, H. R. Runnels, John Ireland, D. C. Gid- dings, J. W. Henderson and T. N. Waul, and enough conservatives to hold the balance of power. Throckmorton was selected president of the con- vention. He was an original Union man, but had served the Confederacy on the Indian frontier of Texas. In his address to the convention upon accepting the presidency he said :
"Let us by our action strengthen the hands of the executive of the nation, and by a ready and willing compliance with his sug- gestions show our national brethren that we are in good faith dis- posed to renew our allegiance to the general government."
These sentiments were shared by the great body of the people of Texas.
Governor Hamilton sent a message to the convention in which he briefly outlined the work before it and expressed the hope that the mistakes made by the conventions of some of the other Southern states would be avoided. It would be necessary to make such changes in the constitution of Texas as would make it conform in spirit and in principle to the actual changes wrought by the war. First, the convention should make a clear and specific denial of the right of secession. Second, it should signify its acquiescence in the abolition of slavery. Third, the debt incurred in support of the war should be repudiated. Finally, it would be necessary to determine the civil and political status of the freedmen. He said that he did not believe that the mass of freedmen were qualified by their intelligence to vote, yet he deemed it wise to reg- ulate the qualifications of all who are to become voters hereafter by rules of universal application ; for any system of laws intended to deprive freedmen of the actual fruits of liberty would meet with the resistance of congress. Governor Hamilton's residence in the North until the VOL. I-27
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close of the war had enabled him better to understand the determination of the Northern people in regard to what political and civil rights should be granted the negro than did the members of the convention or the people of the state, as subsequent events illustrated.
A vigorous contest resulted over the adoption of an ordinance deal- ing with the right of secession. The Union men were determined to declare the act of secession "null and void, ab initio." The ex-Con- federates with equal determination opposed a measure that would brand them as traitors. They were joined by a sufficient number of conserv- atives to pass an ordinance which declared the act of secession null and void without direct reference to its initial status, and distinctly re- nounced the right previously claimed by Texas to secede from the Union. The radical Union men declared that such a measure would never satisfy the North, and for a time threatened to withdraw from the convention.
The question of the public debt also presented difficulties. There was no hesitation in repudiating the war debt, but the ordinance adopted repudiated also the entire civil debt incurred between January 28, 1861, and August 5, 1865. Some of the newspapers bitterly denounced the repudiation of the civil debt, pointing out that the debt had been incurred for purely civil service and defence of the Indian frontier, that it was not demanded by the Federal government and that the other states of the South that had suffered worse during the war than had Texas had not resorted to such extremes.
The most important subject before the convention, however, was the legislation dealing with the negro. There was practical unanimity in re- gard to the abolition of slavery. It was agreed that the negro should be secure in person and property. There was considerable debate over the question of negro testimony in the courts. They were at once placed on an equality with whites in cases where the crime was against the property or person of one of their own race, and the legislature was authorized to regulate their testimony in other cases. The idea of negro suffrage found little favor on any side. Governor Hamilton's recom- mendations upon this subject were not followed.
The convention declared valid all laws and parts of laws passed since February 1, 1861, which were not in conflict with the constitution and laws of the United States, or those of Texas in effect prior to that date. All acts of the secession convention were annulled. The acts of the provisional government were declared valid. The constitution of 1845, as in force on the 28th of January, 1861, was amended by lengthen- ing the terms of most state officers to four years and increasing their salaries. Some changes were made in the form and jurisdiction of the courts with a view to greater efficiency. The governor was requested to petition the president for more adequate frontier protection. An ordi- nance relating to the division of Texas also passed.
During the session of the convention two parties, radical and con- servative, had gradually formed. The acts of the convention were looked upon as being chiefly the work of the conservatives, and were conse- quently attacked by the radical newspapers. Before the convention adjourned each party began to prepare for the election in June. Caucuses were held and candidates nominated. The radicals chose E. M. Pease
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as their standard bearer and published a platform in which they called upon all men who love the Union "without respect to past differences" to unite in the following declaration of principles: That the act of secession was null and void ab initio; that no part of the Confederate war debt be paid, but the debt of the United States should be paid in full; that they have full confidence in the president and congress; and that they were ready to accord the negro all rights and privileges that were then or might thereafter be secured them by law. They feared thad there were still many in Texas "who propose to pursue such a course in the future as will justify what has been done in the past."
The "conservative Union men" of the state selected J. W. Throck- morton for their candidate, and gave expression to their views in a letter tendering him their support: it was opposition to the radicalism of the day ; opposition to negro suffrage and the hasty elevation of the freed- men to political equality ; faith in the people of Texas, their loyalty to the general government and their endorsement of President Johnson and his policy of restoration. Attention was called to "the radical branch of the Republican party of the North who closed the door of Congress against Southern representatives, who have declared their in- tention to reduce us to a condition of territorial vassalage and to place us below the level of those who were once our slaves," and it was asserted that this party had adherents in Texas who were "determined to aid and abet Stevens, Sumner and Phillips in their opposition to the policy of the president, in their raids against constitutional liberty."
From the outset the campaign was bitter. It aroused the people from the general apathetic condition into which they had fallen. The conservatives defended the acts of the convention and supported the policy of President Johnson. The radicals asserted that their opponents were seeking to obtain control of the state government and to work themselves once more into control of the national government in order thus to perpetuate the principles overthrown in the recent war. Denounc- ing the president's policy, they put themselves secretly into communi- cation with the radicals in congress and urged prolonging the period of provisional government .. They were overwhelmingly defeated; Throck- morton received 49,277 votes and Pease 12,168.
The eleventh legislature assembled August 6th. Throckmorton was inaugurated on the 9th. The military in the state received orders to render the same aid to the newly installed authorities as had been afforded to the provisional government. And on August 20th President Johnson issued a proclamation declaring that the insurrection in Texas was at an end, and that peace, order, tranquillity and civil authority existed throughout the whole of the United States.
The joint resolutions of congress proposing the 13th and 14th amend- ments to the constitution were submitted to the legislature. Since the former had already been adopted by the number of states required to make it law, and since the convention of Texas had acknowledged the supremacy of the constitution, action upon it was deemed unnecessary. As regards the 14th amendment, Governor Throckmorton expressed his unqualified disapproval of it and recommended its rejection. It was rejected.
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The most important legislation to be enacted was that dealing with freedmen and labor. Laws were passed on the subjects of apprentice- ship, vagrancy, labor contracts and the enticing away of laborers; and although no apparent distinction was made in their application as to whites and blacks, it is clear enough that they were intended solely for the regulation of negroes and negro labor. Texas had now passed through a second crop season, and despite the efforts of the Freedmen's Bureau to keep the negroes at work, great losses were sustained because the negroes would not work or quit their employers when they were most needed. The freedmen were granted all rights not prohibited by the constitution, except intermarriage with whites, voting, holding pub- lic office, serving on juries, and testifying in cases in which negroes were not concerned.
One of the first acts of the legislature was to elect O. M. Roberts and David G. Burnet United States senators, and to provide for the election of congressmen. When the senators and congressmen from Texas arrived at Washington, they found Hamilton, Pease and other radicals in conference with the opponents of the president in congress and working to defeat the recognition of the new state government. The Texas delegates were denied their seats. On January 10, 1867, they issued an "Address to the Congress and People of the United States" which forms one of the notable documents of that period. In it they set forth with great clearness the arbitrary and unwarranted action of congress in excluding the representatives of Texas. The per- fidy involved in the plan of the radicals for setting aside the state gov- ernments in the South was exposed and pointed out to be more revolu- tionary in principle and more dangerous to republican government than secession itself.
The administration of Governor Throckmorton was hampered on all sides by the open hostility of the radicals, the suspicion of the mili- tary officials and the thinly veiled antagonism of the old secession wing of his own party. He showed his character as a man and ability as an officer by accomplishing a large measure of success, by pursuing a stead- fast policy toward restoring order, inculcating respect for law, and thus eliminating interference on the part of the military.
Thus far the radicals in Texas had failed to establish their ascend- ancy. The radicals in congress, on the other hand, were successful in the fall elections of 1866. Their influence was soon to be felt in the South. The work of reconstruction, which had been completed in each of the Southern States in accordance with the President's plan, was set aside, because "adequate protection for life or property" did not exist. A new and more drastic plan was prepared by congress and embodied in the acts of March 2 and 23, 1867. The first act divided the South into military districts; Texas and Louisana formed the fifth. The military commander in charge of each district was clothed with almost dictatorial power. The existing state governments were made provisional only. The right to vote should be governed by the provi- sions of the 14th amendment which had not yet been adopted. The second act directed that the military commander of each district should cause a registration to be made of the qualified voters in each county,
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and that each person so registering should take an oath that he was not disqualified by law. At some subsequent date to be designated by the military commander the voters should vote for or against holding a convention and to choose delegates to the same. This convention should meet at a place and time fixed by the military commander and its acts were to be submitted to the people for ratification. If ratified and approved by congress, the state should be declared entitled to rep- resentation. These acts were passed at a time when the organization of the state government was as complete as it ever was before the war, in full harmony with the constitution and laws of the United States, and commanding the respect, confidence and obedience of the great body of people. The laws of the United States were being executed within the limits of Texas without hindrance or resistance from the people or state authorities. The Federal army was on the frontier for protection ; the Federal judiciary was performing its functions; the United States mails were being carried all over the state ; the navy was protecting Texan commerce; the officers of customs and internal reve- nue were doing their duty ; and the people were paying taxes as in other states. (Address to the Congress and People of the United States. )
What were the motives for such extraordinary legislation ?
"The purpose and effect of these two acts was to paralyze the state governments that had been restored since the war, to place the whole South under potential martial law, to disfranchise the leading whites, and to enfranchise the blacks. It was expected by the framers and advocates of these measures that the negroes and their white radical friends would control the states, thereby ensuring 'loyal' governments."
While the people of the South acknowledged their defeat in a military sense, they could not consent to submit without a contest to this effort of Northern radicals to control them in a political sense. To them it was a challenge to fight, and for the next six or seven years there was waged a political war in Texas which for bitterness has never been excelled.
On March 19, General Sheridan was made commander of the Fifth Military District with headquarters at New Orleans, and General Charles Griffin was made commander of the District of Texas, with headquarters at Galveston. Both these men approached their task with the prejudices of the radicals; Sheridan entertained a hearty dislike for the people of Texas. Only a high sense of duty restrained Governor Throckmorton from resigning at once after such a radical change in the policy to be carried out in Texas. He struggled on manfully in an effort to administer the government in the interest of the people of Texas and to the satisfaction of the military; but the undertaking was foredoomed to failure. As early as March 28th General Griffin wrote to Sheridan that none of the civil officers of Texas could be trusted, that they submitted to the laws because they could not do otherwise, that secretly they regarded them oppressive and unjust and therefore fa- vored carrying them out in the spirit and not the letter. He charged that the governor, had allowed outrages upon loyal whites and blacks to go unpunished, and advised that his removal was absolutely necessary. On April 15th General Griffin issued an order in regard to the quali-
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fications of jurors in civil courts which practically disqualified every white man, and thus suspended the operation of these courts. The order was justified by General Griffin as being "an attempt to open the courts of Texas to loyal jurors for the protection of all good citizens."
For the registration of voters the state was divided into fifteen districts, comprising from six to eleven counties each; and over each district were placed two supervisors. In each sub-district, usually a county, was a board of three registrars. Negroes as well as whites were appointed on these boards. The negroes were eager to register, while the white conservatives rather held back. The indications were that the radicals and negroes would easily command a majority. The governor and the conservative press urged upon all white voters their duty to register.
The provision for the registration of negroes as voters was the signal for active organization in the radical camp for the purpose of bringing the freedmen into line and teaching them their duties and obligations to the party that had done so much for them. Union Leagues were formed wherever there were negroes to vote and "loyalists" to lead them. On July 4, 1867, a convention of "the loyal men of Texas, with- out distinction of race or color," met at Houston and declared that they "recognized the National Republican Party as the means under Provi- dence of saving our country and government from the calamity of suc- cessful rebellion," and that they would now take their place in its ranks. They declared their hearty support of the reconstruction acts of March 2d and 23d; thanked Generals Sheridan and Griffin for extending pro- tection to the lives and property of the people of Texas; declared that they were not inclined "to conciliate the enemies of the national govern- ment," and expressed it as their opinion that "the continuance in the civil offices of the state of those who actively participated in the late rebellion, and who are hostile to the reconstruction acts passed by congress, * *
* constituted an impediment to the execution of those acts in their true spirit and intent." On July 19, congress passed an act clothing the military commanders with full power to remove and appoint at will. On July 30 Sheridan issued an order removing Governor Throckmorton, alleging that he was an "impediment to the reconstruction" of Texas.
Seemingly the radicals or Republicans had now succeeded in remov- ing the last obstacle to their plans in Texas. E. M. Pease, who was chairman of the recent convention at Houston, was appointed governor. Changes in the other state officials and in the district and county of- ficers followed. The prime consideration appeared to be to get men who were heartily in sympathy with the reconstruction acts of congress.
It was very fortunate for Texas that E. M. Pease was appointed governor at this crisis. He had been a resident of the state since 1835, served two terms as governor, and was a man of strong character and unquestioned honesty. He possessed the confidence of the command- ing general, was supported by many of the more conservative of the Republicans, and was careful in his recommendations for office. He followed the course of Governor Hamilton in assuming that all state laws not in contravention of the constitution and laws of the United States, and not specifically annulled by the military commander, were
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in force. The ultra-radicals, who had championed the ab initio view of secession, took exception to this view and under the leadership of M. C. Hamilton appealed to the military commander to sustain their contention. General Mower, who had succeeded Sheridan, however. supported the view of Governor Pease, and the latter was ably seconded by A. J. Hamilton, associate justice of the state supreme court.
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