USA > Texas > Tarrant County > Fort Worth > History of Texas : Fort Worth and the Texas northwest edition, Volume I > Part 56
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Attention was called by the governor to the mandate of the consti- tution to provide for the education of all children of scholastic age. The office of superintendent of public instruction was created, and the estab- lishment of an elaborate system of public free schools outlined. The radicals, however, did not venture to order separate schools for whites and negroes. In reviewing the school legislation of this period, State Superintendent Baker said: "When the war closed, and before the people had begun to recover from its dreadful ravages, a school system was launched upon them which, to say the least, was better fitted for an older and richer state. Copied from older, richer and more thickly populated states, that system for a country prepared for its reception was comparatively without a fault. But the immense sums of money necessary to support it were extorted from a poor and unwilling people. The schools, though open to all, soon became exceedingly unpopular with a large majority of the people, both because of the unnecessary expenses incident to them and the manner in which they were conducted. It is not a matter of surprise that the system was overthrown, but it is to be regretted that its healthy features were not preserved and grafted into the new one which took its place. * *
* The bitter prejudices born of the old law created among the people a strong distaste to taxation for educational purposes and indeed to free schools." (Biennial Report of the State Superintendent of Public Instruction, 1885-1886, p. 6.)
Upon the question of internal improvements the governor referred to the general desire for better railroad facilities, and recommended that something be done to meet this demand, particularly with respect to a road extending from the northeastern portion of the state to the Rio Grande. In regard to the new enterprises that clamored for state aid, the governor was of the opinion that nothing outside of a liberal charter and the right of way should be granted, and even then a careful scrutiny should be made of the ability of the company to fulfill its agreement.
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He warned against plunging the state into debt for the purpose of grant- ing subsidies. A large number of railroad measures were introduced, but only two of importance were passed. The constitution of 1869 pro- hibited the granting of lands to encourage the building of railroads so the legislature resorted to grants of state bonds. The International Railway Company was promised $10,000 in state bonds for each mile constructed. In November, 1871, the company reported the completion of fifty-two miles and made formal application for $500,000 of the bonds. The bonds were prepared. signed by the governor and treasurer, but the comptroller, whose signature also was required, refused to sign them, on the ground that the law was unconstitutional, and the supreme court of Texas sustained him. The matter was finally settled in 1875 when the railway company was offered twenty sections of land per mile of road constructed under the act of 1870, with an exemption from taxation on same for twenty-five years in lieu of the state bonds. The offer was accepted. The other act granted aid to the amount of $6,000,000 to the Texas and Pacific Railroad Company on condition that it construct a road from Longview to Dallas and thence westward through the state. The right was reserved to commute the state bonds for land at the rate of twenty-four sections per mile in case the constitution was amended so that this were possible. Governor Davis disapproved this act, but it was passed over his veto May 24, 1871. "The passage of this measure, along with the International Railroad bond muddle, provoked an outburst of popular disapproval and charges of fraud and corruption were freely bandied about. Governor Coke in his second annual message to the legislature, in 1875, says that the original International bond act, 'by com- mon consent, and admission was carried through the twelfth legislature by the most unblushing bribery.' As a result of this agitation an amend- ment to the constitution was adopted [1874], allowing the legislature to make grants of land to railway companies, provided that not more than twenty sections per mile should be so granted. To the Texas and Pacific Company *
* was granted twenty sections of land per mile of road instead of the bonds of the state. * * Thus terminated this form of state aid. Fortunately the state escaped without any bonded indebtedness resulting from the reckless attempts to lend the state's credit, though bonds to the amount of twelve or fourteen millions had been voted by the legislature."*
The governor favored immigration, recommended a geological sur- vey of the state, improvement and repair of the public buildings, state institutions and the penitentiary, which were all in a dilapidated condi- tion. He hoped that every species of manufacture and industry would be encouraged by the passage of laws affording ample protection to their property and granting exemption from taxes for a short term of years. He called attention to the sad plight of the stockraisers and urged that this important interest be given relief through appropriate legislation.
Other subjects that required immediate attention "as essential to com- plete the reorganization of the state government" were :
*Pott's "Railway Transportation in Texas," 95.
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"The organization and appointment of boards of registry, and of judges of elections ; the appointment of officers to fill vacancies Where the law or constitution does not now provide therefor; to provide for removals and appointments to municipal offices until elections can be held in the respective cities and towns ; to provide for and fix time and manner of elections for such officers as are made elec- tive ; to provide for the 'trial, punishment and removal from office' of the class of officers referred to in section 6, article VIII, and to divide, the state into convenient judicial districts, so that the appointment of district judges may be made."
The registration and election laws required all voting to be done at the county seat, and the governor was given complete control of the election. Many of the whites considered the restrictions imposed on the voter so onerous that they refused to go to the polls. The subject of filling vacancies as well as of new offices was disposed of by an "enabling act" which authorized the governor to fill them all by ap- pointment. In the case of the elective officers the appointments were to hold until the first general election. This policy was carried to the extreme of including municipal officers. By an act approved August 15, 1870, the date of the first general election was fixed on the first Tuesday after the first Monday in November, 1872. By this extraordi- nary act the legislature, which had been chosen for a period of two years in November, 1869, attempted to lengthen its own term for one year, and that of each of the governor's appointees as well. It prac- tically legislated a vacancy in the Texas delegation in congress. The act was such a palpable violation of the constitution that a movement was started during the following session of the legislature to have it repealed but the extremists resisted the effort and ousted the speaker of the house of representatives from his office for favoring such repeal. The Demo- cratic press charged that the rigid election law took away the last excuse for the enabling act and that fear of the result of a popular vote was the motive for the postponement of the election.
The forty-first congress terminated March 3, 1871, and with it the terms of the Texas congressmen. Through the juggling of the election law referred to above, Texas was deprived of membership in the house of representatives during the first session of the forty-second congress. On May 2, 1871, a special election for congressmen was ordered to be held October 3 to 6 following. Democratic candidates entered the lists against the Republicans. Exercising the extraordinary powers conferred upon him by the election laws, the governor issued a circular on August 9th, supplemented by another on September 6th, placing the most galling restrictions upon the voters during the election, patterned in every respect after the election held under military rule.
"The people, at a glance, saw through both these proclamations. They knew that the only hope for the governor and his party was to obtain a pretext to throw out the votes, and that he had resorted to these flaming, unconstitutional, illegal, unwarranted, unnecessary and uncalled-for proclamations as a pretext to enable him to accomplish his tyrannical purpose.""
*Pearre's "Review of the laws of the Twelfth Legislature"
and the "Oppressions of Governor E. J. Davis' administration," 107.
.
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The polling places were guarded by state police or militia, and the voters were obliged to pass in single file between Davis' soldiers to deposit their ballots. Nevertheless the Democratic candidates were elected. Gov- ernor Davis issued his certificate of election to W. T. Clark instead of D. C. Giddings on the ground of irregularities in the election, but the house of representatives seated Giddings.
The last subject to be considered in the governor's message was the financial conditions of the state. He stated that there was a balance of approximately $375,000 currency in the treasury which about equalled the public debt. He did not think it possible to make an estimate of the state's expenses in the future, but felt certain that it would be much larger than formerly even if the most rigid economy were observed. The various measures recommended, such as the school system, the in- creased judiciary, the immigration bureau, state police, etc., would require at least $1,500,000 annually. The taxable values for 1869 amounted to $149,665,386. The whole system of collecting taxes must be revised and made more efficient. The legislature readily responded with various acts, but found it impossible to make receipts equal the expenditures. In 1870 an issue of $750,000 state bonds had been authorized to raise the funds for frontier defense. In May, 1871, $400,000 state bonds bearing ten per cent were appropriated to wipe out deficiencies in the state's revenue, and in December of the same year an additional issue of $2,000,- 000 state bonds was authorized for the same purpose. The various local officers were quite as lavish in the expenditure of county funds as the legislature was in the appropriation of state funds. The rate of taxation advanced by leaps and bounds ; in September, 1871, it was about, $2.171/2 on the hundred dollars valuation, besides poll, occupation and license taxes.
The opposition to these radical measures was widespread, and did not long delay to find expression in organized action. Even before the called session of the legislature adjourned, a group of prominent men, including several legislators, met at Austin in July, 1870. A "Petition of the people of Texas to Congress to guarantee to the people a republican form of government" was drafted and extensively circulated. It con- tained a synopsis of the militia act, the state police act, the enabling act. the registration and election laws and of other laws dangerous to the liberties of the people, and concluded with an appeal to congress and to public opinion for relief. The statement made by Governor Davis that "a slow civil war has been going on in the state ever since the sur- render of the Confederate armies" was branded as a falsehood. The petition bore the signatures of A. J. Hamilton, J. W. Throckmorton and E. M. Pease, the governors of Texas since 1865, and of other prominent Hamilton Republicans, as well as those of Democrats. In January, 1871. a Democratic state convention was held at Austin. The platform stated the essentials of self-government, enumerated and denounced the uncon- stitutional and oppressive acts of the radical state administration, and ex- tended an invitation to all good men, whatever may have been their past political preferences to unite with the Democratic party in removing from place and power those who now control the state government, in order to release the people from oppressive revenue and unequal taxation, to
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insure an honest administration of the laws, and an honest and economical expenditures of the public moneys, and to throw the aegis of justice and protection over the person and property of every individual whatsoever in the state of Texas." Plans were made for a thorough organization of the party, and for the establishment in Austin of a central party organ. The Democratic Statesman made its appearance in July. The campaign waged during the summer by the Democratic candidates for congress afforded an excellent opportunity for discussing the abuses of the administration and for rekindling interest in public affairs in many who through apathy or disgust had hitherto neglected to register as voters. Some of the men, who had drafted the petition to congress, now issued a call for a taxpayers convention to meet at Austin, September 22, "for the pur- pose of expressing their opinion in regard to the exorbitant expenditures and enormous taxes to which we are subjected." The call was well- timed. Meetings of tax-payers were held in many places; ninety-five counties were represented in the convention. Governor Pease was elected president. A committee of twenty-one reported on the violation of the constitution and laws, and on taxes. "The violations of constitutions and disregard of law have been very frequent and are very numerous," read the report, "but frequent as they have been and numerous as they are, we have been unable to find a single one of either class based on an honest desire to accomplish good for the people of the state, or to secure prosperity to the country. On the contrary, their apparent cause seems uniformly to spring from one grand purpose, viz: to concentrate power in the hands of one man, and to emasculate the strength of the citizens of Texas as a free people." A long list of violations of the laws and un- constitutional acts formed part of the report. The report on taxation set forth the enormous increase in the public expenditures, the burdensome character of the taxes and the extravagance of the administration. A committee was appointed to ask the legislature for redress of the griev- ances. Another committee was appointed to prepare an address advis- ing the people how to resist through the courts the collection of such taxes as were deemed illegal. In case the petition of the convention was neglected and no election held at an early date for a new lgislature, an appeal should be made to the general government, "praying that the people of Texas be protected in the right guaranteed by the constitution of the state in the election of members of the legislature, under a just apportionment, as well as an election of state and county officers." The legislature granted no relief.
Although Governor Davis had given his approval to the act fixing the date of the first general election under the new constitution in No- vember, 1872, he soon found it a stumbling block. The constitution clearly demanded that the governor be chosen at the time that members of the legislature are elected. Davis claimed that his term would expire four years from April 28, 1870, which would be prior to the general election in November, 1874. The question, therefore, arose whether the governor, too, ought not to be elected at the November election in 1872. A popular election held such terrifying possibilities for the gov- ernor that he put an end to the matter by a proclamation :
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"It is my understanding of the tenure of office of the legislature to be elected in November next, that it expires on the 2nd day of December of the year 1873, being two years from the 2nd day of December, 1871, on which last mentioned day, according to the opinion of the attorney-general and, I believe, of most lawyers of the state, the legislature elected in the fall of 1869 expired. It will. then, be the duty of the legislature to be elected on the 5th of No- vember [1872] to provide for the election of their successors in November, 1873, and at the same time of governor, lieutenant-gov- ernor, comptroller, treasurer, commissioner of the general land office, etc., also sheriffs, district clerks, justices of the peace and other
county officers. * In conclusion and to relieve all doubt, if any exists in the public mind on this subject, I will say that no election for governor and other state or county officers, except to fill vacancies, will be held at the election in November next."
In this opinion the governor reached the climax in his efforts to have all the powers of the government converge in his office. The legislature had complied with his numerous suggestions. It postponed the election one year beyond the proper date. Now, in turn the legislature was informed that its term had expired and that the governor could manage affairs without its assistance. The constitution expressly stated that sessions of the legislature shall be annual, but then the legislature had held two sessions during 1871. So far as the people were concerned, they were ready to dispense with the services of the twelfth legislature ; it was economy to do so; but they claimed for themselves the right to turn them out by choosing their successors.
The approaching national and state elections infused new life into party politics. The Republicans held their convention at Houston in May. Their platform approved the administrations of Grant and of Governor Davis, promised economy and honesty in administration and declared that the "Democratic party, with its prejudices against the equal rights of men and against popular education," cannot safely be intrusted with the powers of government. The Democrats met in con- vention at Corsicana in June, reaffirmed the platform of 1871 with its severe arraignment of the Davis administration, declared the national administration to be "destructive of the rights of the states and of the liberties of the people," and endorsed the action of the liberal Repub- licans. The election included presidential electors, members of congress. members of the legislature, and the location of the seat of government. Greeley received a majority of 19,020 over Grant ; six Democratic con- gressmen were chosen; a majority in the house of representatives was captured by the Democrats, and Austin remained the seat of govern- ment. The result clearly showed that the days of radical rule were numbered.
The thirteenth legislature convened January 14, 1873. The house was organized by the Democrats. The senate presented a problem. Webster Flanagan was elected president of the senate during the twelfth legisla- ture. Some contended that he was the president of the thirteenth legis- lature. The Democrats did not command sufficient votes to force a reorganization. To promote harmony. Senator Flanagan resigned and
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subsequently co-operated with the Democrats in repealing or modify- ing the radical legislation of the twelfth legislature. Governor Davis' message was conciliatory ; he counseled moderation. "When I com- menced the performance of the duties of governor," he said :
"I proposed to myself these main purposes: On the one hand to restrain that tendency to extravagant squandering of public money and running into debt, which has disgraced many of the governments and legislatures of the so-called reconstructed states. * * On the other hand, to restrain that lawlessness which always unfavorably distinguished our people, but had become shockingly intensified by the habits taught our young men in military camps.'
He defended the militia and police acts and the extraordinary powers they conferred upon the governor by insisting that the moderate use of such powers had exerted a salutary influence in restraining lawlessness and preserving peace, and had thus "prevented disturbances hurtful to the prosperity of our state, and averted the interference of the United States government, which nearly all of the reconstructed states have been sub- jected to." The legislature immediately began the work of reform. The enabling act and the state police act were repealed. The militia law was amended so as to prune it of the extraordinary powers it vested in the governor. The law regulating the assessment and collection of taxes, the law relating to public free schools, the public printing law, and the registration and election laws were remodeled. Elections were to be held in the various precincts and to continue for one day only. Other im- portant legislation included the act appropriating one-half of the public domain to the permanent school fund, the act reapportioning the state into senatorial and representative districts and the act fixing the time of holding an election for members of the fourteenth legislature, all state officers, county officers, etc., on the first Tuesday in December, 1873.
The act fixing the date for the next general election as well as the remodeled registration and election laws received the approval of Governor Davis. Each party, therefore, entered the campaign under conditions presumably mutually satisfactory. The Republicans met in convention at Dallas in August, and renominated Governor Davis. The platform criticised the thirteenth legislature and demanded a long list of reforms. The Democratic convention was held at Austin in September. Richard Coke was nominated for governor, and a complete state ticket placed in the field. The platform pointed with pride to the work of the Democrats in the thirteenth legislature, and pledged the party to ad- minister the government, which would certainly be entrusted to their hands, in the interest and for the benefit of the whole people. It favored the calling of a constitutional convention by the next legislature. The con- test aroused the highest political excitement and neither party asked nor gave quarter. Intimidation and fraud were used on both sides. The vote polled was large and decisive; Coke received 85,549 votes, Davis 42,633. The Democratic candidates for the several state offices were successful, and a majority in each branch of the legislature also belonged to that party.
The radicals made a last desperate effort to prolong minority rule. The validity of the law, under which the recent election had been held.
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was attacked because the voting had been limited to one day instead of four. The supreme court of Texas, on January 5, 1874, upheld this view and declared the law unconstitutional. Acting upon the assump- tion that under this decision the election, too, was void, and that the successful candidates were not entitled to administer the offices to which they had been elected, Governor Davis, on January 12, issued following proclamation. After referring to the decision of the court, he said :
"Whereas, Great public injury and further dangerous complica- tions of public affairs are likely to result from any attempt on the part of those claiming to have been chosen as members of the legislature and other officers at said election, to assume the positions they claim, therefore, for these and other reasons which it is not necessary to incorporate herein, it is deemed advisable, and it is so ordered, that those who have been chosen as legislators and other officers shall not attempt to assume the positions they claim unless by further action of adequate authority."
Knowing very well that his proclamation would be disregarded, the governor applied to the president of the United States for federal troops to prevent apprehended violence. On January 12th Grant replied that he could not furnish aid, and made following suggestion :
"The act of the legislature of Texas providing for the recent election having received your approval, and both political parties having made nominations and having conducted a political campaign under its provisions, would it not be prudent, as well as right, to yield to the verdict of the people as expressed by their ballots ?"
Governor Davis, however, did not sit idly by awaiting Grant's decision ; he believed in helping himself, and the president's reply did not change his program. The newly elected state officers and members of the legis- lature held a conference the evening preceding the day fixed for the meet- ing of the legislature, January 13, 1874. No one knew what Davis planned to do, but that opposition to the inauguration of the new adminis- tration would be made was anticipated. It was decided to proceed in the most peaceable and prudent manner possible and to avoid any illegal action. It was discovered that Davis had filled the lower part of the capitol with armed men, mostly negroes, and that he planned to take possession of the legislative halls in the morning. The Democrats, there- fore, secured the halls during the night and thus gained an important strategic point. Organization of the legislature was perfected without opposition. However, on the same day a portion of the thirteenth legis- lature met in the basement of the capitol. The governor informed the committees from the fourteenth legislature that he would not recognize it, as its validity was placed in doubt by the decision of the supreme court and was protested by its predecessor. For a time the secretary of state refused to deliver to the legislature the election returns, but later allowed them to be taken over his protest. The returns for governor and lieutenant-governor were canvassed, and Coke and Hubbard declared to be duly elected. Governor Davis issued an order to the local militia com- pany, the Travis Rifles, to report at once for duty "fully armed and equipped." On their way to the capitol the sheriff summoned the captain and his men as a posse to keep the peace; they were marched to the
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second story of the capitol and stood guard during the inauguration of the new governor late at night of the 15th. The next day another appeal was made to Grant:
"The newly elected governor (Coke) was inaugurated last night. Armed men are guarding the approaches to the offices at the capi- tol. Other armed men have possession of the legislative halls. A conflict seems inevitable."
Again aid was refused. But Davis still held on.
"During the 16th and until late in the afternoon of the 17th there prevailed the most intense excitement, both in the lower and upper story of the capitol, and there were during that time several narrow escapes from hostile conflict, which was only prevented by the con- tinual watchfulness and care of those who were relied upon to avoid a conflict if possible."
In the afternoon of the 17th a third refusal of aid was received from the president, through the attorney general, saying that the president "is of the opinion your right to the office of governor at this time is at least so doubtful that he does not feel warranted in furnishing United States troops." Thereupon Davis quit the executive office without taking formal leave, and radical rule was at an end.
"The administration of Davis was responsible for more of the bit- terness with which the people of Texas have remembered the recon- struction era than all that happened from the close of the war to 1870. In fact, the word reconstruction recalls to most people first of all the arbitrary rule of this radical governor. * *
* In many respects he was the best of the faction that nominated him for gov- ernor in 1869; but no man could have been worse fitted by temper- ament for the delicate task before the local Republicans at that time. When circumstances demanded the most painstaking moderation in order to overcome the effects of the congressional policy, E. J. Davis and his radical associates succeeded only in plunging the Republican party in Texas into irretrievable ruin."*
*Ramsdell, "Reconstruction in Texas," 317.
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