USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 55
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A more important check to radical rule was the removal of General Sheridan and the appointment of Gen. W. S. Hancock. Hancock was a Democrat, a warm supporter of the President and thoroughly disliked the program of the radicals. He believed that the white people of the South should carry through the process of reconstruction with as little interference on the part of the military as possible, and felt confident that the civil authorities were competent to deal with the sit- uation. On November 29, 1867, he embodied these views in "General Order No. 40." In effect this order was a recognition of the exist- ence of "adequate protection for life and property." Fearing the with- drawal of military support, and knowing that it would mean the defeat of their plans, the radicals charged that the course of the commander tended to the increase of crime and a manifestation of hostile feeling toward the government. General Hancock demanded proof of these assertions, and showed up the purely factional character of the charge. But this did not disqualify the general as an object of violent denunciation, and there was no way for him to challenge the misstatements of the radical press either in Texas or in the North.
The conservative leaders requested General Hancock to set aside the registration in Texas because of alleged errors of the board of reg- istrars. This he refused, nor did he order any change in the boards, but he did set aside the interpretation given by General Sheridan to the disqualifying clauses of the reconstruction acts and directed the boards to be governed by the laws alone. On December 18 he ordered an election to be held at each county seat, February 10 to 14, 1868, to determine whether a constitutional convention should be held and to select delegates to the same; and in accordance with the law he also ordered that the registry lists should be reopened and revised during the last five days of January. Voters who had neglected to register in the previous summer were thus given a last opportunity to do so. The total registration aggregated 109,130; the number of whites approximated very closely to the vote polled for Throckmorton and Pease in 1866; the number of negroes was excessive.
The leaders of the conservatives were undecided as to the course their party should pursue. There was a general disposition among their followers not to vote, for unless a majority of the registered vote was cast no convention would be held. A conference was held at Houston, January 20th. Resolutions were adopted which appealed to all who opposed the Africanization of Texas to go to the polls and to vote against a convention and for delegates who opposed negro suffrage. In a public address it was pointed out that under the terms of the recon- struction acts the people had three chances to save themselves and their children from African domination; first, by voting solidly against a convention ; second, by voting only for delegates who opposed negro
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suffrage; and third, by rejecting the constitution if it embodied negro suffrage. Military rule was much to be preferred to reconstruction that was conditioned upon negro suffrage. The result of the election showed an overwhelming victory for the radicals; for the convention, 44,689 votes (7,757 whites, 36,932 blacks) ; against the convention ; 11,440 votes (10,622 whites, 818 blacks). Almost half of the registered voters, 52,964 (41,234 whites, 11,730 blacks), failed to vote.
The convention assembled at Austin on June 1, 1868. Of the ninety delegates only twelve were conservatives. The radicals had elected a number of their prominent men. Nearly all were bona fide residents of Texas ; only six or eight were of the true carpet-bag variety, and none of these became leaders. There were nine negro delegates. The general character of the convention was shown in the election of E. J. Davis as president by a vote of 45 to 33 over Judge C. Caldwell, a moderate.
The purpose of the convention was similar to that of its predecessor in 1866. That body was in session fifty-five days and spent $70,000. It soon became apparent, however, that its lawful functions were by no means regarded as the most important duties of the present convention. The delegates endeavored to so shape affairs that the supremacy of the republican party would be ensured when readmission was accomplished. These motives colored many of its acts and lent importance to the dis- sentions that characterized the proceedings. Before it finally adjourned it had been in session five months and had spent $200,000.
Among the first acts of the convention was the appointment of a committee to report on the conditions of lawlessness and violence in the state. A resolution was adopted requesting congress to allow the con- vention to organize a militia force in each county to act in conjunction with and under the direction of the military commander. Some of the conservatives protested against the resolution on the ground that the rumors of lawlessness were greatly exaggerated, that such a force was unnecessary and that its employment by "a political party would only tend to exasperate the public mind and in all probability have the effect to produce conflicts of races." The committee's report represented that lawlessness prevailed to an alarming extent in this state, and that its chief cause was discovered in "the hostility entertained by the ex-rebels toward loyal men of both races." The large proportion of negroes among the killed was pointed to as indisputable proof of this assertion. That the pernicious activity of the Loyal League and the political war waged upon democrats were responsible for many of the excesses complained of was not indicated. Another committee was at once despatched to Washington to lay the report before congress and to urge the necessity of filling all state provisional offices with loyal men, and the organiza- tion of a loyal militia to aid the loyal officers in the discharge of their duties. The Houston Telegraph so severely denounced the sinister objects of these proceedings that the convention requested the editor's arrest.
Much time was wasted on the question of dividing the state. The radicals were particularly bent on accomplishing this measure, and finally secured the adoption of a resolution that provided for the election of six commissioners to urge the matter upon congress. Although outvoted
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on this question, the moderates carried their opposition before congress also. These efforts to dismember Texas gave rise to a counter-move- ment which expressed itself in the organization of the Texas Veterans' Association in May, 1873, to preserve the unity of Texas.
A breach in the ranks of the delegates occurred early over the ab initio question. The radicals maintained that every ordinance, act, reso- lution, etc., enacted since Texas seceded was null and void ab initio. The moderates refused to subscribe to so sweeping a statement and determined to except such acts, resolutions, etc., passed since secession, "which were not in violation of the constitution and laws of the United States, or in aid of the rebellion." Their views prevailed.
This division of the republicans continued during the whole term of the convention, and since the radicals were usually in the minority it saved the people of Texas at the most critical period from the worst extremes of radicalism. In his message to the convention Governor Pease conceded the necessity of disfranchising a sufficient number of the secessionists to ensure the supremacy of loyal men. When the conven- tion reached this question, A. J. Hamilton, leader of the moderates, set himself squarely against all efforts to disfranchise Confederates further than was already done by the fourteenth amendment. Despite the efforts of the radicals to carry through their measures of proscription, they were defeated. In commenting on Governor Hamilton's course upon this subject, the Houston Telegraph, a Democratic newspaper, said :
"If we reflect that he labored to give the ballot to those who had bitterly opposed him, that he placed himself in opposition to extreme
* that he labored for a people members of his own party, *
*
* that he clothed us who he believed had wronged him, *
with the ballot at the imminent risk of having it used against him- self, and that all passion and even promise pointed out to him the opposite course as the one most for his interest, then indeed does he stand before us a patriot, firm, tried and true."
Other provisions of the constitution increased salaries, and length- ened the governor's term of office to four years, that of senators to six years, of district judges to eight years and of supreme court judges to nine years. The attorney general was made an appointive office. The sessions of the legislature were made annual. An elaborate system of free schools was outlined and provision made for increasing the perma- nent and available school funds. The income from the permanent school fund, one-fourth of the state taxes and an annual poll tax of $1, pro- vided for maintenance. To encourage immigration a bureau of immi- gration was created. The first legislature to assemble after the adop- tion of the constitution was commanded to ratify the thirteenth and four- teenth amendments to the constitution of the United States.
The convention did a great deal of work that properly belonged to its successor-the legislature. "They have assumed to erect new counties ; on the faith of their action. court houses have been built ; they have author- ized the levy and collection of taxes under which interests have grown up; they have chartered railways and immigration companies, in which large amounts of capital have been, or soon will be invested. In a hundred ways they have put under pledge to support any constitution they may
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present powerful interests." An election was ordered to be held early in July to vote on the constitution and to choose members of the legislature, state, district, and county officers. The convention adjourned about February 8, 1869.
The adjournment of the convention marked no cessation in the con- troversies between the two factions. The radicals confidently expected the commission, which had been sent to Washington to urge division of the state, not only to accomplish that object but also to recoup some of the reverses they had sustained in the convention. In their memorial to congress, therefore, the constitution was denounced as entirely too con- ciliatory toward the former rebels. The blame that it did so was heaped upon the moderates, who "did not in their actions come up to that firm- ness for republican principles which their constituents had a right to expect." The moderates replied in a straightforward manner that their acts had been determined by a just regard for the best interests of Texas and that any other course would "produce only the bitter fruit of settled and implacable hate." Congress took no action in regard to these matters other than to pass an act authorizing the president to order an election at such time as he should deem proper for voting upon the constitution and electing officers thereunder.
Certainty that the constitution would be submitted for ratification and state officers elected caused interest to center in the formation of state tickets. The democrats, profiting by their experience in 1866, de- cided to keep out of the race for state office, since their success might further delay the readmission of Texas. The moderate republicans placed at the head of their ticket A. J. Hamilton, but were slow in filling the rest of the places. They were confronted by two rather perplexing questions : should they join forces with the democrats, and should a state convention be held? Fusion was rejected and the holding of a conven- tion abandoned on the ground that an attendance sufficiently large to make that body representative could not be obtained at that time. The radicals had met defeat so often that they were at the outset not re- garded as formidable opponents. Conditions, however, were soon to change. After their defeat at home in 1866, they had found ready allies in congress and were given the upper hand by the reconstruction acts. Now, that they were threatened with defeat by the moderate republicans, they again turned to Washington and their appeal was not in vain. The radicals called a convention of the republicans to meet at Galveston on May 10. The attendance was small and nothing was done. Another convention, however, was called to meet at Houston on June 7. This convention also was poorly attended, but it proceeded to adopt a plat- form, choose candidates and perfect its party organization. The plat- form differed little from the one adopted by their opponents in 1868, but was remarkable in that it showed a complete reversal of their own policy and principles by the radicals. The constitution which up to this time had been denounced by them on every occasion was now recom- mended for adoption. E. J. Davis headed the ticket as candidate for governor.
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The campaign was characterized by bitter personalities. The moder- ates were charged with having sold out to the democrats, while the radicals were taunted with their recent conversion, charged with lack of political principle and stigmatized as a negro-supremacy and carpet-bag party. About this time General Reynolds was again assigned to com- mand the district of Texas. He showed an ambition to be elected United States senator, and approached the moderates to obtain pledges of their support. Hamilton not only repulsed him but denounced him openly. Reynolds then turned to the Davis supporters and several events of political importance occurred in quick succession. On July 7 the Davis republicans were recognized by the national republican executive com- mittee as the regular organization in Texas. On July 15 President Grant issued a proclamation fixing the date of the election in Texas on Novem- ber 30, thus granting a postponement for which the radicals had long been clamoring. Having been recognized as the regular republicans in Texas. the administration at Washington began to fill the federal offices with Davis men. General Reynolds pursued a like policy in displacing Hamilton men in state offices.
These changes gave impulse to the campaigns on both sides. Gov- ernor Pease resigned September 30 and used the weight of his influence for Hamilton. The radicals gave particular attention to the negro voters. On October 1 General Reynolds issued orders for revising the registra- tion lists and for holding the general election. In the appointment of registrars he selected principally Davis partisans, and when registration began many who attempted to register were rejected and complaints of unfair treatment were plentiful. Detachments of soldiers were stationed in counties where disturbances were feared. These elaborate prepara- tions were far from reassuring the public that there would be a fair election. The course pursued by the district commander immediately after the election deepened the impression that the candidates of the Hamilton party would be counted out if that were necessary to their defeat. They protested to President Grant, but it availed nothing. On January 8, 1870, General Reynolds issued an order declaring that the radical ticket had been elected. The constitution was adopted by a vote of 72,466 to 4,928.
A list of the members elect of the legislature was published by Gen- eral Reynolds on January 11, and that body was ordered to assemble on February 8 for a provisional session. To ensure a majority of the radicals in that body extreme tests were prescribed for qualification. The immediate business of this session was to ratify the fourteenth and fifteenth amendments to the constitution of the United States and the election of two United States senators. Congressmen had been chosen at the state election. The amendments were ratified on February 14, and M. C. Hamilton and J. W. Flanagan were elected senators on the 22nd. Thereupon the legislature adjourned to be convened in regular session when the Texas delegation should be seated by congress. The latter were admitted to their seats by an act approved March 30, and were sworn in at once. On April 16 General Reynolds issued a proclama-
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tion remitting all civil authority in the state "to the officers elected by the people."
"Legally the reconstruction of Texas was now complete. After nine years, tumultuous with political and social revolution, she was back again in the Union with her sister states, * * * free to work out the new problems that confronted her. The first of these was to endure as best she could the rule of a minority, the most ignorant and incapable of her population under the domination of reckless leaders, until time should overthrow it. Reconstruction had left the pyramid upon its apex ; it must be placed upon its base again."*
*Ramsdell "Reconstruction in Texas," 292.
CHAPTER XXXIII RADICAL RULE AND ITS OVERTHROW
The conditions existing in Texas at the beginning of 1870 would have made it difficult for any administration to give general satisfaction. Reconstruction under the congressional plan had outraged the sense of right of the majority of the people of Texas, and had brought to ma- turity a harvest of political factions. Military rule and the enfranchise- ment of the negro gave the radicals of the republican party an artificial advantage, which had no basis in the will of the people. To the majority of Texans the readmission of this state to the Union signified the return of peace, the cessation of military rule, the restoration of the govern- ment to the people and a return to simple democratic administration of the laws such as existed prior to the war. There was a general demand for the encouragement of railroads, factories, immigration and education. The heritage of military rule, however, was an administration which regarded these matters from an entirely different viewpoint. Governor Davis in his inaugural address reviewed the changes wrought by the war. It had taught us new lessons in government. The powers formerly exer- cised by the state had proved a menace to freedom of thought and speech. But now this had all been swept away, and, "while local self-government still remains, it is within the just bounds that there is a supervisory power * which will temper state action. * over all, * *
* * This will prove the better government. * In this faith let us enter upon the great work before us of reorganization."
Edmund J. Davis was born at St. Augustine, Florida, October 2, 1827. He settled in Texas about 1848, served as deputy collector of customs on the Rio Grande from 1850 to 1852, as district attorney in 1853 and as district judge from 1855 to 1860. His course during the war has already been outlined. He was a delegate to both reconstruc- tion conventions, and was elected president of the second in 1868. He was a Southerner and a Texan; he was experienced in public affairs ; he was brave and fearless according to his convictions ; his honesty and integrity were not questioned, although he was the head and front of an admin- istration which has not been able to clear itself of the taint of dis- honesty and corruption. "He was a political martinet ; strong in his prejudices and almost remorseless in carrying out his purposes ; blind alike to the good qualities of his enemies and to the bad qualities of his friends." Very early in his term he lost the confidence and support of the conservatives through the radical measures that he advocated. He became the object of criticism not only for his own acts but also those of his appointees. At the first opportunity to obtain a popular expres- sion, he was defeated; but he retained the confidence of his party, in whose councils he remained a prominent figure until his death at Austin, February 7, 1883. In private life he was esteemed by all who knew him as a cultured gentleman, distinguished for his noble and generous impulses.
He introduced his first general message with these words: "So long time has elapsed since the session, within this state, of a body competent
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to legislate, that your duties must be many. * In addition to ordinary matters of legislation, you will find it incumbent upon you to remodel to a great extent the general statutes and to accommodate them to the new order of things, and to the radical changes engrafted on our institutions by the constitution lately adopted." Through the arbitrary tests prescribed for qualifications, the radicals controlled a safe majority in the house of representatives, and violence was used to defeat the opposition of conservatives in the senate. The twelfth legislature was the first to contain any considerable number of colored members; there were ten. Many of the members were little known and totally inex- perienced in legislative affairs. Their acts were marked by an alarming" disregard of the constitution and complete subserviency to the will of the governor. In his opinion the matter of primary importance was the adoption of measures for the punishment or repression of crime and the establishment of law and order throughout the state. For this purpose he recommended the organization of all able-bodied men between the ages of eighteen and forty-five into a state militia. A smaller body, known as the state guard, to be composed of picked volunteer companies, should receive aid from the state. Exemption from military duty should be granted on payment of a tax. In order that the governor might have a free hand to deal with combinations of lawless men, he requested that he be invested with authority to declare martial law. The legislature re- sponded with an act which is remarkable for its violations of the con- stitution, but which met every demand of the governor. To force the militia bill through the senate it was necessary to arrest and keep in prison a number of those who opposed the measure. Sections 26 and 27 authorized the governor to declare martial law in any county or counties wherever in his opinion the enforcement of law was obstructed by com- binations of men too strong for the control of the civil authorities; he was invested with power to employ as many of the state police, the state guard or the militia as he deemed necessary to restore order. The ex- pense of maintaining the forces called out for this purpose he could assess upon the county or counties placed under martial law, and for the trial and punishment of offenders he had the power to form military commis- sions. That there was need for such drastic legislation was generally denied, nevertheless the governor found occasion to exercise his arbi- trary powers by declaring martial law in Marion, Hill, Limestone, Free- stone, and Walker counties. To enforce his mandates in Limestone County, he ordered a company of negro troops to Groesbeck. And in the face of the express constitutional guarantee of trial by jury to every man, several persons were sentenced to the penitentiary by military commissions.
The governor also recommended the creation of a state police, em- bracing under one head this new organization and the police of the dif- ferent cities, sheriffs, deputy sheriffs and constables, in order that they. might all act in concert. A state police was provided for by an act which fixed its strength at about 250 men, exclusive of sheriffs, etc., to be under the control of the adjutant general. That such a body might have served a useful purpose in a frontier state like Texas is clear. But the provisions of the act showed that its principal object was to enable
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the governor to carry out his arbitrary will. The employment of negroes and the enlistment of vagabonds in the service made it all the more obnoxious. The state police became a terror to sections where it was stationed. It made arrests, seized property and searched private houses without cause or warrant and extorted sums of money as the terms of release. That such conduct was the exception and not the rule did not save the governor or the state police from public denunciation. Finally, the adjutant general, who was chief of the state police, absconded with $30,000 of public money.
Governor Davis had resided for many years on the Rio Grande frontier. He spoke from personal knowledge when he urged the neces- sity of making greater provision for the protection of the frontier so long as the United States government failed in doing its duty in this respect. He was, therefore, authorized to organize twenty companies of Rangers, and to sell $750.000 of state bonds bearing seven per cent interest to raise the funds for their support. To the universal habit of bearing arms, the governor attributed largely the frequency of homi- cides in Texas, and he urged restriction of this privilege. An act was passed prescribing severe penalties for keeping and bearing deadly weapons.
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