USA > Texas > History of Texas : from 1685 to 1892, volume 1 > Part 30
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
R. R. Royal, who was a delegate from Matagorda, and who had been for a short time chairman of a central advisory committee at San Felipe, reported its acts for the information and approval of the Consultation. The acts were approved and the committee thanked, and from that day and hour we trace the only governmental powers recognized by the people of Texas.1
1 All the members of the Consultation were never present at one time and a few from the southwest did not arrive at all, being in the expedition against Lipantitlan. The following is believed to be a complete list, given by municipalities.
Austin (San Felipe de) - Wyley Martin, Thomas Barnett, Randall Jones, Jesse Burnham, William Menefee.
Nacogdoches - Sam Houston, James W. Robinson, William Whitaker, Daniel Parker, N. Robbins.
Washington - Philip Coe, Elijah Collard, Jesse Grimes, Asa Mitchell, Asa Hoxey.
Harrisburg - Lorenzo de Zavala, Clement C. Dyer, John W. Moore, M. W. Smith, David B. Macomb, Wm. P. Harris.
Liberty -George M. Patrick, Wm. P. Harris, Henry Millard, J. B. Woods, A. B. Hardin.
Gonzales - William S. Fisher, Jos. D. Clements, George W. Davis, James Hodges, Wm. W. Arlington, Benj. Fuqua.
Teneha - Martin Parmer.
Columbia, or Brazoria - Henry Smith, John A. Wharton, Branch T. Archer, Edwin Waller, John S. D. Byrom.
San Augustine - Almanzon Huston, Wm. N. Sigler, A. E. C. Johnson, Alexander Horton, A. G. Kellog, Henry W. Augustin, Jacob Garrett.
Mina, or Bastrop - Robert M. Williamson, James S. Lester, Don Carlos Barrett.
Matagorda - Ira R. Lewis, James Kerr (absent at Lipantitlan), Charles Wilson, R. R. Royall.
Bevil - Stephen H. Everitt, John Bevil, Wyatt Hanks, Thomas Holmes, John H. Blount.
Viesca - Samuel T. Allen, Albert G. Perry, John G. W. Pierson, Alexan- der Thompson, James W. Parker, J. L. Hood.
Jefferson - Claiborne West.
385
HISTORY OF TEXAS.
On the first day of the session John A. Wharton offered and the Convention adopted a resolution that the president appoint a committee of one from each municipality (twelve being then represented ), to prepare a declaration setting forth to the world the causes that " impel us to take up arms, and the objects for which we fight." The committee consisted of Messrs. Wharton, Menefee, De Zavala, Royall, Mitchell, Fisher, Williamson, Sam Houston, Almanzon Huston, Hanks, Millard and Allen.
The taking of Goliad and the victory at Concepcion called forth strong resulutions of approval on the same day
.
The constitution of this assemblage of more than fifty representative men of Texas was peculiar, and, it is believed, has never been fully and fairly stated. That an overwhelm- ing majority of them believed that an absolute declaration of independence was inevitable at an early day and the only ultimate hope of political salvation, there is not a scintilla of doubt; but from one cause or another the majority were opposed to that grand step at that time. Some were afraid their constituents had not yet arrived at the conclusion that independence was already the only alternative, and preferred organizing a provisional government or a quasi state, of the Mexican Union, simply as an educating step to the people. They well knew that such a course was what, in ecclesiastical history, is termed a pious fraud, for the republican constitution of Mexico, establishing the so-called federal system, had already been trampled under foot and bayoneted to death on the plains of Zacatecas.
Viesca, Governor of Coahuila, was then a refugee on the soil of Texas, but they did not knew it and supposed him to be a prisoner en route to, or actually in, the dungeons of San Juan de Ulloa.
Guadalupe Victoria - John J. Linn (absent at Lipantitlan).
Refugio - James Power (absent at Lipantitlan). San Patricio - John McMullen.
25
386
HISTORY OF TEXAS.
A test vote, under this state of feeling in the Consultation, was had on the 6th, after discussions on that and the two preceding days, as to whether the committee of twelve should report a declaration of independence, or one favoring the formation of a provisional State. The vote stood: for independence, fifteen; for a provisional State, thirty-three - total, 48, showing about eight or ten absentees. The yeas and nays were not taken, but it is conceded by every writer familiar with the subject that Henry Smith, John A. Wharton, Dr. Asa Hoxey, Robert M. Williamson, James W. Robinson, Edwin Waller, J. S. D. Byron and Dr. George M. Patrick were of the fifteen, while Dr. Archer, the president, and not voting, was on the same side.
The friends of independence, confident that in a short time public opinion would come to their support, and anxious that great unity should prevail in the momentous step, when taken, gracefully yielded their cherished point, but resolved, while doing so, to bring the majority as near to that point as possi- ble. This could only be done through the declaration yet to be made; and it will be seen that they in a measure succeeded. Here is the
"UNANIMOUS DECLARATION OF THE CONSULTATION, ADOPTED NOVEMBER 7TH, 1835.
" Whereas, General Lopez de Santa Anna and other military chieftains have, by force of arms, overthrown the federal institutions of Mexico and dissolved the social compact which existed between Texas and other members of the Mexican con- federacy ; now the good people of Texas, availing themselves of their natural rights,
SOLEMNLY DECLARE
" 1st. That they have taken up arms in defense of their rights and liberties, which were threatened by the encroach-
387
HISTORY OF TEXAS.
ments of military despots, and in defense of the republican principles of the federal constitution of Mexico of 1824.
" 2nd. That Texas is no longer morally or civilly bound by the compact of union ; yet, stimulated by the generosity and sympathy common to a free people, they offer their support and assistance to such of the Mexican confederacy, as will take up arms against military despotism.
" 3d. That they do not acknowledge that the present authorities of the nominal Mexican republic have the right to govern within the limits of Texas.
" 4th. That they will not cease to carry on war against said authorities whilst their troops are within the limits of Texas.
" 5th. That they hold it to be their right, during the dis- organization of the federal system and the reign of despotism, to withdraw from the union, to establish an independent government, or to adopt such measures as they may deem best calculated to protect their rights and liberties; but that they will continue faithful to the Mexican government so long as that nation is governed by the constitution and laws that were formed for the government of the political association.
" 6th. That Texas is responsible for the expenses of her armies now in the field.
" 7th. That the public faith of Texas is pledged for the payment of any debts contracted by her agents.
" 8th. That she will reward by donations in lands, all who volunteer their services in her present struggle, and receive them as citizens.
" These declarations we solemnly avow to the world and call God to witness their truth and sincerity, and invoke defeat and disgrace upon our heads should we prove guilty of duplicity."
This declaration, drawn by the pen of John A. Wharton, was signed by every member present, and by Messrs. Kerr, Linn and others as soon as they reached San Felipe.
388
HISTORY OF TEXAS.
The next thing was to prepare the basis for a Provisional Civil Government and an army to sustain it. This duty was intrusted to a committee consisting of Messrs. Henry Smith, of Brazoria, Millard, Jones, Wilson, Dyer, Hoxey, Lester, Arrington, Robinson, Everitt and Almanzon Huston.
Henry Smith chiefly drew the plan for the civil government and Almanzon Huston of the military, and they were reported to the consultation November 9th, and, with slight modifica- tions, adopted as an organic act or decree on the 11th, when it was enrolled and signed, as had been the declaration. It is here inserted.
THE PLAN OF THE PROVISIONAL GOVERNMENT.
"Article I. That there shall be and is hereby created, a Pro- visional Government for Texas, which shall consist of a gov- ernor, a lieutenant-governor, and a council to be elected from this body, one member from each municipality, by the majority of each separate delegation present and the governor and lieutenant-governor shall be elected by this body.
"Article II. The lieutenant-governor shall be president of the council, and shall perform the duties of Governor in case of the death, absence or other inability of the Governor, dur- ing which time a president pro-tem shall be appointed to per- form the duties of the lieutenant-governor in council.
"Article III. The duties of the general council shall be to de- vise ways and means ; to advise and assist the Governor in the discharge of his functions ; they shall pass no laws, except such as in their opinion the emergency of the country requires, ever keeping in view the army in the field, and the means necessary for its comfort and support. They shall pursue the most effective and energetic measures to rid the country of her enemies and place her in the best possible state of defense. Two-thirds of the members elect of the general council shall form a quorum to do business; and in order that no vacancy
389
HISTORY OF TEXAS.
shall happen in the council, if any member, from death or other casualty, shall be incapacitated to act, the governor shall immediately, on information thereof, notify the member elected to fill vacancies, and on his default, any member who has been elected to this body from the same jurisdiction. The governor and council shall be authorized to contract for loans, not to exceed one million dollars, and to hypothecate the public lands and pledge the faith of the country for security of payment. That they have the power to impose and regu- late imposts and tonnage duties, and provide for their collec- tion under such regulations as may be most expedient.
" They shall have power, and it is hereby made the duty of the governor and council to treat with the several tribes of Indians, concerning their land claims, and if possible, to secure their friendship. They shall establish post-offices and postroads and regulate the rates of postage, and appoint a Postmaster-General, who shall have competent powers for conducting this department of the Provisional Government, under such rules and regulations as the governor and council may prescribe. They shall have power to grant pardons, remit fines, and to hear and judge all cases usual in high courts of admiralty, agreeably to the law of nations.
" They shall have power to appoint their own secretary, and other officers of their own body; also that they shall have the power to create and fill such offices as they may deem proper; provided, nevertheless, that this power does not extend to officers heretofore rejected by this house.
"That the governor and council have power to organize, reduce or increase the regular forces as they may deem the emergencies of the country require.
" Article IV. The governor, for the time being and during the existence of the provisional government, shall be clothed with full and ample executive powers, and shall be com- mander in chief of the army and navy, and of all the military forces of Texas by sea and land ; and he shall have full power,
390
HISTORY OF TEXAS.
by himself, by and with the consent of the council, and by his proper commander, and other officers from time to time, to train, instruct, exercise and govern the militia and navy ; and for the special defence and safety of the country, to assemble and put in warlike attitude the inhabitants thereof, and to lead and conduct them by their proper officers ; and with them to encounter, repel, resist and pursue, by force of arms, as well by sea as by land, within or without the limits of Texas ; and also to destroy, if necessary, and conquer, by all proper ways and enterprises and means whatever, all and every such person or persons as shall at any time, in a hostile manner, attempt or enterprise the destruction of our liberties, or the invasion, detriment or annoyance of the country; and by his proper officers use and exercise over the army and navy and the militia in the actual service, the law martial, in times of war, invasion or rebellion, and to take or surprise by all honorable ways and means consistent with the law of nations, all and every such person or persons, with their ships, arms, ammunition and goods, as shall, in a hostile manner, invade, or attempt the invading or annoying, our adopted country. And that the governor be clothed with all these and all other powers which may be thought necessary by the permanent council, calculated to aid and protect the country from her enemies.
"Article V. There shall be constituted a Provisional Judici- ary in each jurisdiction represented, or which shall be repre- sented in this house, to consist of two judges, a first and second, the latter only to act in the absence or inability of the first, and be nominated by the council and commissioned by the governor.
"Article VI. Every judge so nominated and commissioned shall have jurisdiction over all crimes and misdemeanors recog- nized and known to the common law of England; he shall have power to grant writs of habeas corpus in all cases known and practiced to and under the same laws; he shall have power to
391
HISTORY OF TEXAS.
grant writs of sequestration, attachment or arrest, in all cases established by the civil code and code of practice of the State of Louisiana, to be regulated by the forms thereof; shall possess full testamentary powers in all cases and shall also be made a court of record for conveyances, which may be made in English, and not on stamped paper, and that stamped paper be, in all cases, dispensed with; and shall be the notary public of their respective municipalities. All office fees shall be regulated by the governor and council; all other civil pro- ceedings at law shall be suspended until the governor and general council shall otherwise direct. Each municipality shall continue to elect a sheriff, alcalde and officers of ayun- tamientos.
" Article VII. All trials shall be by jury ; and, in criminal cases, the proceedings shall be regulated upon the principles of the common law of England and the penalties prescribed, by said laws, in cases of conviction shall be inflicted, unless the offender shall be pardoned, or fine remitted; for which purpose a reasonable time shall be allowed to every convict to make his application to the governor and council.
"Article VIII. The officers of the Provisional Government, except such as are elected by this house, or the people, shall be appointed by the general council, and all officers shall be commissioned by the governor.
"Article IX. All commissions to officers shall be in the name of the people, free and sovereign, and signed by the Governor and secretary ; and all pardons and remissions of fines granted, shall be signed in the same manner.
"Article X. Every officer and member of the Provisional Government before entering upon the duties of his office, shall take and subscribe to the following oath of office : "I, A. B., do solemnly swear (or affirm ) that I will support the republican principles of the Constitution of Mexico of 1824, and obey the declaration and ordinances of the consultation of the chosen delegates of all Texas in general convention assembled, and
392
HISTORY OF TEXAS.
the decrees and ordinances of the Provisional Government; and I will faithfully perform and execute the duties of my. office agreeably to law, to the best of my abilities, so help me God."
" Article XI. On charges and specifications being made against any officer of the Provisional Government for mal- feasance or misconduct in office, and presented to the gov- ernor and council, a fair and impartial trial shall be granted to be conducted before the general council; and if, in the opinion of two-thirds of the members, cause sufficient be shown he shall be dismissed from office by the governor.
"Article XII. The governor and council shall organize and enter upon their duties immediately after the adjournment of this house and hold their sessions at such times and places as in their opinion will give the most energy and effect to the objects of the people, and to the performance of the duties assigned to them.
" Article XIII. The general council shall appoint a treas- urer, whose duties shall be clearly defined by them and who shall give approved security for their faithful performance.
" Article XIV. That all land commissioners, empresarios, surveyors, or persons in anywise concerned in the location of lands, be ordered forthwith to cease their operations during the agitated and unsettled state of the country, and continue to desist from further locations until the land office can be properly systematized by the proper authority, which may hereafter be established ; that fit and suitable persons be ap- pointed to take charge of all the archives belonging to the different land offices, and deposit the same in safe places, secure from the ravages of fire, or the devastation of enemies ; and that the persons so appointed be fully authorized to carry the same into effect, and be required to take and sign tripli- cate schedules of all the books, papers and documents found in the several land offices, one of which shall be given to the governor and council, one left in the hands of the land
393
HISTORY OF TEXAS.
office, the other to be retained by the said person ; and they are enjoined to hold such papers and documents in safe cus- tody subject only to the order of the Provisional Government, or such competent authority as may be hereafter created; and the said persons shall be three from each department as com- missioners to be forthwith appointed by this house to carry this resolution into full effect, and report thereon to the government and council, and that the Political Chiefs imme- diately cease their functions. The different archives of the different primary judges, alcaldes, and other municipal officers of the various jurisdictions, shall be handed over to their successors in office, immediately after their election or appointment; and the archives of the several political chiefs of the departments of Nacogdoches, Brazos and Bexar, shall be transmitted forthwith to the Governor and council for their disposition.
" Article XV. All persons now in Texas, and performing the duties of citizens, who have not acquired their quantum of land, shall be entitled to the benefit of the law of coloniza- tion, under which they immigrated, and all persons who may immigrate to Texas during her conflict for constitutional lib- erty, and perform the duty of citizens, shall also receive the benefits of the law under which they immigrated.
" Article XVI. The governor and council shall continue to exist as a Provisional Government until the re-assembling of this Consultation or until other delegates are elected by the people, and another government established.
" Article XVII. This convention when it may think proper to adjourn, shall stand adjourned to meet at the town of Washington, Texas, on the first day of March next, unless sooner called by the executive and council.
" Article XVIII. All grants, sales and conveyances of lands illegally and fraudulently made by the State of Coahuila and Texas, located or to be located within the limits of Texas, are hereby solemnly declared null and void, and of no effect.
394
HISTORY OF TEXAS.
" Article XIX. All persons who leave the country in its present crisis, with a view to avoid a participation in its pres- ent struggles, without permission from the alcalde or judge of their municipality, shall forfeit all or any lands they may hold or may have a claim to, for the benefit of this govern- ment : Provided, nevertheless, that widows and minors are not included in this provision.
" Article XX. All moneys now due, or that may hereafter become due, on lands lying within the limits of Texas, and all public funds or revenues, shall be at the disposal of the governor and general council, and the receipts of the treas- urer shall be a sufficient voucher for any and all persons who may pay moneys into the treasury; and the governor and council shall have power to adopt a system of revenue to meet the exigencies of the State.
" Article XXI. Ample power and authority shall be dele- gated and are hereby given and delegated to the governor and general council of the Provisional Government of all Texas, to carry into full effect the provisions and resolutions adopted by the Consultation of the chosen delegates of all Texas in general convention assembled, for the creation, establishment and regulation of the said Provisional Govern- ment.
PROVISIONS FOR AN ARMY AND MILITARY DEFENSE.
" Art. 1. There shall be a regular army created for the protection of Texas during the present war.
" Art. 2. The regular army of Texas shall consist of one major-general, who shall be commander-in-chief of all the forces ( ¿. e., both regulars and volunteers ), called into public service during the war. [It must be borne in mind that the forces then in the field were volunteer citizens, acting in the entire absence of government, who could and who did come and go at the individual pleasure of each man. - J. H. B. ]
" Art. 3. The commander-in-chief of the regular army of
395
HISTORY OF TEXAS.
Texas shall be appointed by this convention (Consultation ) and commissioned by the governor.
" Art. 4. He shall be subject to the orders of the governor and council.
" Art. 5. His staff shall consist of one adjutant gen- eral, one quartermaster-general, one paymaster-general, one surgeon-general and four aides-de-camp, with their respective ranks as in the United States army in time of war, to be appointed by the major-general and commissioned by the governor.
" Art. 6. The regular army of Texas shall consist of men enlisted for two years, and of volunteers for and during the continuance of the war.
" Art. 7. The regular army of Texas, while in service, shall be governed by the rules, regulations and discipline, in all respects, applicable to the regular army of the United States of America in time of war, so far as is applicable to our condition and circumstances.
" Art. 8. The regular army of Texas shall consist of eleven hundred and twenty men, rank and file."
Art. 9 provided for 150 rangers to be placed in detach- ments on the frontier.
Art. 10 subjected all able-bodied men, over sixteen and under fifty years of age, to military duty.
Arts. 11 and 12 provided the mode of organizing the militia.
This plan of a Provisional Government was adopted. and the provisional officers elected on the 12th, and it was duly enrolled and signed by the fifty-four delegates present on the 13th of November. The absent members from the west, Kerr, Linn, Power, McMullen, Malone and others signed it on reaching San Felipe, at a later day.
John A. Wharton submitted as an addenda the following, which was adopted:
" Resolved, That the governor and council be empowered
396
HISTORY OF TEXAS.
to issue writs of election to fill any vacancies that may occur in this body, and for the representation of those jurisdictions not yet represented; or to cause a new election in toto for delegates to the convention of the first of March next."
James Kerr, Robert M. Williamson, George Sutherland and John J. Linn were appointed as archive-commissioners for the department of Bexar, under the fourteenth article of the organic law. For the department of Brazos, Asa Mitchell, Robert Peebles and Clement C. Dyer ; and for the department of Nacogdoches, A. E. C. Johnson, Stephen H. Everitt and J. Leplesser.
A resolution of thanks to Stephen F. Austin, James W. Fannin and Benj. Fort Smith, for offers of aid through their landed property, was adopted.
On the 12th the Consultation proceeded to the election of officers under the organic law. Henry Smith of Brazoria and Stephen F. Austin, then at San Antonio, were put in nomination for governor. The vote stood :
For Henry Smith. 31 votes 22 66
" Stephen F. Austin.
Upon which Henry Smith was declared duly elected as the first governor of Texas.
For lieutenant-governor James W. Robinson, of Nacog- doches, received fifty-two votes - all present excepting himself.
MEMBERS OF THE COUNCIL ELECTED.
From Austin, William Menefee ; Brazoria, John A. Whar- ton; Bevil, Wyatt Hanks ; Gonzales, J. D. Clements ; Har- risburg, William P. Harris; Liberty, Henry Millard ; Mina, D. C. Barrett; Matagorda, Charles Wilson; Nacogdoches, Daniel Parker ; San Augustine, Almanzon Houston; Teneha, Martin Parmer; Viesca, Albert G. Perry ; Washington, Jesse
397
HISTORY OF TEXAS.
Grimes; - in all thirteen - increased afterwards to twenty- one by delegates from additional municipalities.
The next thing in order was the all-important matter of electing a major-general, to be commander-in-chief of all the forces of Texas, regulars and volunteers. To his will, wisdom, courage and unfaltering patriotism, were to be intrusted the destinies of Texas. There were many able and noble men in the country, orators, patriots, civilians - tried old veterans of the war of 1812 and of the Creek war, in the land of their birth - former privates, lieutenants and captains, - Milam, who had entered the Mexican revolution as a patriot and passed through fiery trials with admirable personal bearing ; Bowie, in whose fearless courage and strong intellect was reposed un- bounded confidence ; many who had won character and confi- dence in the ranks or subordinate positions, besides a number of eloquent, patriotic and gallant gentlemen, wholly or com- paratively without military experience, who enjoyed the public confidence and esteem. But there was one who in youth had exhibited undaunted courage, received honorable wounds and flinched not, and had thus won and still enjoyed the closest friendship and love of the hero of New Orleans, the Horse Shoe and many other fields, then President of the United States. This man, the son of a widowed but noble Virginia mother, removed in his childhood to the wilds of East Tennes- see and had risen from obscurity through the gallant services and innate talent and eloquence. He had served as a major- general of militia ( not then as since, an empty honor), four years as a member and leader in the lower house of Congress of the United States ( wherein sat Randolph, Clay, Webster, Grundy, Polk and Barbour), and then had served as gov- ernor of the Volunteer State, which held as citizens, Jackson, Carroll, Coffee, Trousdale, Hugh L. White, Felix Grundy, James K. Polk, Trooper Armstrong, and John Bell. He was one whose personal appearance distinguished him, as Saul of Tarsus, from his fellows. He was present as a member of the
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.