USA > Texas > History of Texas : from 1685 to 1892, volume 1 > Part 33
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" 4th. That it is discretionary with the troops to follow their General, remain, or go to such point as they may deem proper ; but in case they should all or any of them separate, they are to have their arms, etc.
" 5th. That all the public property, money, arms, and munitions of war be inventoried and delivered to General Burleson.
" 6th. That all private property be restored to its proper owners.
" 7th. That three officers of each army be appointed to make out the inventory and see that the terms of the capitulation be carried into effect.
" 8th. That three officers on the part of Gen. Cos remain for the purpose of delivering over the said property, stores, etc.
" 9th. That Gen. Cos, with his force, for the present occupy the Alamo ; and General Burleson, with his force, occupy the town of Bexar ; and that the soldiers of neither party pass to the other armed.
" 10th. Gen. Cos shall, within six days of the date hereof, remove his force from the garrison he now occupies.
" 11th. In addition to the arms before mentioned, General Cos shall be permitted to take with his force a four-pounder, and ten rounds of powder and ball.
" 12th. The officers appointed to make the inventory and delivery of the stores, etc., shall enter upon the duties to which they have been appointed, forthwith.
" 13th. The citizens shall be protected in their persons and property.
" 14th. Gen. Burleson will furnish General Cos with such provisions as can be obtained, necessary for his troops to the Rio Grande at the ordinary price of the country.
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" 15th. The sick and wounded of General Cos' army together with a surgeon are permitted to remain.
" 16th. No person, either citizen or soldier, to be molested on account of political opinions hitherto expressed.
" 17th. That duplicates of this capitulation be made out in Castilian and English and signed by the commissioners appointed, and ratified by the commanders of both armies.
" 18th. The prisoners of both armies, up to this day, shall be put at liberty.
The commissioners, José Juan Sanchez, adjutant-inspector; Don Ramon Musquez and Lieutenant Francisco Rada, and Interpreter Don Miguel Arciniega, appointed by the Com- mandant and Inspector-General Martin Perfecto de Cos, in connection with Col. F. W. Johnson, Major R. C. Morris, and Captain J. G. Swisher, and Interpreter John Cameron, ap- pointed on the part of General Edward Burleson, after a long and serious discussion, adopted the eighteen preceding articles, reserving their ratification by 1 , Generals of both armies.
In virtue of which, we have signed this instrument in the city of Bexar on the 11th of December, 1835.
(Signed ) JOSE JUAN SANCHEZ, RAMON MUSQUEZ, J. FRANCISCO DE RADA,. MIGUEL ARCINIEGA, Interpreter, F. W. JOHNSON, ROBERT C. MORRIS, JAMES G. SWISHER, JOHN CAMERON, Interpreter.
I consent to and will observe the above articles.
(Signed ) MARTIN PERFECTO DE COS.
Ratified and approved.
(Signed) EDWARD BURLESON, Commander-in-Chief of the Volunteer Army. A true copy.
EDWARD BURLESON, Commander-in-Chief."
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Thus ended this glorious conception of Milan, so worthily completed by Johnson. Burleson was eager to join in the perilous [hazard, but it was the unanimous verdict of every leader that as commander-in-chief, he should remain at head- quarters in command of the reserves, and in a position to guide and control under any emergency that might arise. His name among the frontiersmen, from Red River to San Patricio, was a tower of strength, and his life too important to be hazarded, as things then stood, except in the last resort. All who may trace his career in the years to follow, will realize the sacrifice he made in obedience to the wish of his comrades and subordinates.
CHAPTER XXXVIII.
Commissioners to the United States- Wharton's Attitude - Meeting in Brazoria Declares for Independence - List of Signers - List of the Gen- eral Council - Letter from Fannin.
After the capitulation and retirement of Cos and his fifteen hundred men, or rather the survivors of that number, across the Rio Grande, not a Mexican soldier remained on the soil of Texas, and the great body of the citizen-volunteers re- turned to their homes, leaving the New Orleans Grays and a few others as a temporary garrison in charge of the arms, munitions and supplies captured. There we leave them to trace the actions of the Provisional Government at San Felipe and to give other facts connected with the history of the times.
It will be remembered that Messrs. Wharton, Austin and Archer were chosen by the consultation, on the 12th of Novem- ber, as commissioners to the United States, and that Austin and Wharton, on the 24th, left the army at San Antonio for San Felipe on that mission. At San Felipe on the 29th, Colonel Wharton addressed a letter (designed for the. Pro- visional Government ) to Dr. Archer, president of the consul-, tation, declining the appointment, from a belief that under the existing circumstances he could be of no essential service to the country in that capacity. In it he said : " The Declara- tion of the Consultation and the attitude assumed by it, appears to me to be too indefinite to induce foreign govern- ments or capitalists to lend us aid, either of a pecuniary or other nature. Understand me; I do not blame the Consulta- tion for their declaration. They were not empowered and it was not in the contemplation of those who elected them to make any other. It was generally thought and I then thought it a matter of policy so to declare. It was thought (by a
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majority over a very strong minority ) that a declaration for the constitution would neutralize the prejudices or enlist the sympathies and assistance of the Federal party of the interior in our favor; and also that under such declaration we could obtain the requisite loans, etc., from the capitalists of the United States. Since then, from intercepted letters from Gen- eral Santa Anna and others to General Cos, promising re-in- forcements of from five to ten thousand soldiers, and from the general tone of the papers of the interior, I have been forced to conclude that both parties of the interior will unite against us, whatever be our declaration, believing, or pretending to believe, it an attack upon the integrity of the republic. And moreover, from the papers of the United States, and my own correspondence, I believe that under any declaration short of absolute independence, we will receive no efficient or permanent aid or pecuniary assistance from the United States, they believing it an internal domestic quarrel, about which they can feel but little interest. So that, situated as we are, we encounter all the evils of a declaration of independence with- out realizing the one-fiftieth part of the advantages of such a declaration."
Colonel Wharton ably argues for a new convention with plenary powers for independence, etc., and asserts that the army in the field is in favor of independence, and concludes :
" Allow me to say that I believe the sustaining the army at present in the field and the raising of a regular army to take its place, and the immediate convocation of a convention with radical powers are more important than all things else put together. And permit me also to hope and recommend that no pains will be spared to effectuate these purposes within the powers of the Provisional Government. A belief in the importance of sustaining the army will induce me to return immediately to it, with all the recruits that I can possibly raise. The army is much in want of sugar, coffee, flour, tobacco, clothing, etc., and if not furnished as soon as pos-
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sible, great dissatisfaction will ensue. Be so good as to com- municate as much of this as is necessary to Governor Smith and the council.
" Yours, very truly, " WILLIAM H. WHARTON."
Colonel Wharton's resignation was not accepted. On the contrary, his colleague, Dr. Archer, to whom his communica- tion was addressed, Governor Henry Smith, his brother, Colonel John A. Wharton, Dr. Asa Hoxey of the council, and many others were more ardently in favor of independence than Colonel Wharton himself, and they joined in an appeal to him to proceed on the commission, with the assurance that, in their opinion, public sentiment was so rapidly crystallizing, if indeed it was not already crystallized, as to render a convention and independence certain at the earliest practicable moment. There is every reason to believe that General Sam Houston joined in this view of the situation, as did representative men from San Augustine and Nacogdoches.
These expectations were well founded. At a meeting in Nacogdoches on the 15th of November, including twenty-one members of the committee of safety, resolutions in favor of independence - strong and unequivocal - were carried by an unanimous vote.
In Brazoria, on the 15th of December, a large meeting was held, Dr. T. F. L. Parrott presiding and Robert Eden Handy, secretary. Speeches were made by Dr. Archer, John A. Wharton and Benj. C. Franklin, and resolutions were adopted, with but one dissenting voice, declaring in favor of a formal declaration of independence, and declaring that " we respond to the declaration of the citizens of Nacogdoches in favor of independence, and promise them our aid and co-operation."
A similar meeting was held in Columbia, December 25th, over which Josiah H. Bell (who managed the infant colony while Austin was in Mexico in 1822-3), presided, and of
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which Mathew St. Clair Patton was secretary. Wm. H. Patton (a captain at the capture of San Antonio), Asa Brigham (afterwards treasurer of the republic), Dr. Anson Jones (afterwards president of the republic), Edwin Waller, M. C. Patton and Josiah H. Bell as a committee reported resolutions in favor of independence, among which were these :
" Resolved, That the time has now arrived when it is neces- sary to declare the total and absolute independence of Texas, and that the people are at liberty to establish such form of government, as in their opinion, may be necessary to promote their prosperity ; and that a call be made on the Governor and Council to order writs of election to issue for elections to be held for members of a convention to be held as early in January next as practicable, and that the convention be held on or before the first of March ensuing." 1
At Goliad on the 20th of December ninety-two men, many of them members of Captain Philip Dimmitt's company of volunteers, and a number of them well-known citizens from different parts of the country, signed and published a declar- ation of independence, declaring :
" That the former province and department of Texas is, and of right ought to be, a free, sovereign and independent State :
" That we hereto set our names, pledge to each other our lives, our fortunes and our sacred honor to sustain this dec- laration - relying with entire confidence upon the co-opera- tion of our fellow-citizens and the approving smiles of the
1 Besides the committee of six and secretary, every man present signed the resolutions, viz. : John Sweeny, John D. Patton, James Collinsworth, Benj. C. Franklin, John Foster, A. B. Smeltzer, G. Tennille, T. S. Alsbury, James Welsh, H. Bledsoe, T. P. Harroll, Thomas McDougal, J. Gordon, L. C. Manson, John Chaffin, Cyrus Campbell, S. M. Hale, C. R. Patton, Dever- eaux J. Woodcliff, B. J. James, R. D. Tyler, Daniel T. Fitchett, Jesse Will- iams James A. Phelps, Peyton R. Splane, Pleasant Ball, Willis A. Farris, George B. Mckinstry - total, 35.
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God of the living to aid and conduct us victoriously through the struggle, to the enjoyment of peace, union and good govern -. ment; and invoking His maledictions if we should either equivocate or, in any manner whatever, prove ourselves unworthy of the high destiny at which we aim." 1
This declaration was transmitted through a committee con- sisting of Thomas H. Bell, Benjamin J. White, Sr., William G. Hill, William S. Brown, J. Dodd Kirkpatrick and John Dunn, to the council of the Provisional Government at San Felipe, and it was also printed in handbills; but, when it reached that body, the majority of whom were wedded to the idea of continuing the contest to the end as an integral part of Mexico, under the abrogated constitution of 1824, they used every means to prevent its circulation and effect among the people. The impotent cry, though reduced almost to a whisper,
1 The signers were William G. Hill, of Brazoria ; Joseph Bowman, George W. Welsh, J. D. Kirkpatrick, Wm. E. Howeth of the Brazos; Albert Pratt, Alvin Woodward, D. M. Jones, J. C. Hutchins, E. B. W. Fitzgerald, Hugh McMinn, Wm. Robertson, Horace Stamans, Peter Hynes, Dugald McFar- lane, of Matagorda; H. F. Davis, Francis Jones, G. W. Paine, Allen White, Joseph Cadle, W. H. Living, Victor Loupy, Sayle Antoine, Michael Kelly, George W. Cash, Charles Malone, C. J. O'Connor, Edward McDonough, Wm. Gould, John Shelley, Patrick O'Leary, Timothy Hart, James St. John, John Bowen, Michael O'Donnell, Nathaniel Holbrook, Alexander Lynch, J. W. Baylor, H. George, Benj. J. White, of the Navidad; R. L. Redding, James W. Scott, Lewis Powell, John Pollan, James Duncan, David George, Gus- tavus Caldwell, John James, Morgan Bryan, Thomas O'Connor, Henry J. Morris, James O'Connor, Spirse Dooley, Elkanah Brush, W. Redfield, Al- bert Silsbee, Wm. Haddin, James Elder, Thomas Todd, Jeremiah Day, Wm. S. Brown, of Brazoria; Benj. Noble, M. Carbajal, Thomas Hanron, of Mata- gorda; John Johnson, Edward Quirk, Robert McClure, Andrew Devereau, Charles Shearn, J. B. Dale, Ira Ingram, of Matagorda; John Dunn, Walter Lambert, Miguel Aldrete, Wm. Quinn, B. H. Perkins, Benj. J. White, Jr., Edward St. John, D. H. Peeks, Philip Dimmitt, Francis P. Smith, Thomas M. Dennis, of Matagorda; C. A. Parker, C. M. Despalier, Jefferson Ware, David Wilson, Wm. Newland, Charles Messer, Isaac Robinson, John J. Bowman and J. T. Bell -total, 92, of whom 31 belonged to the Irish colonies, more exposed to Mexican assault than any others in Texas. Of the ninety- two, fully a third maintained their pledges with their lives, largely as members of Fannin's command.
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was still kept up of "agitators," "adventurers," " the en- dangered rights of the old settlers,'' " the friendship of the defunct federal party in Mexico," and kindred phrases, while the great body of the people - the bone, sinew, talent and patriotism of the country, had advanced far beyond that class of the council referred to, and realized that Mexico - central, federal, liberal and republican - was a unit against the Anglo- Americans of Texas, and resolved to expel them from the country and colonize it with native Mexicans, retired officers and convicts. Still some good and true men hesitated,1 others thought the existing declaration of the Consultation was, in certain contingencies, equivalent to a declaration of separa- tion, and that those contingencies had transpired - while the fidelity of a few was suspected by some, and two or three were believed to be engaged in the interest of Mexico. These facts will appear as we proceed.
We have seen that to Henry Smith as Governor, and a legis- lative council, was committed for the time being the destinies of the country with power, by enactments under the organic law, to raise, equip and sustain land and naval forces for the defense of the country against Mexican invasion; to grant letters of marque and reprisal; to establish a postal system, and generally to do any and all things deemed necessary to
1 Strange as it may seem, Major James Kerr, who presided at the famous patriot meeting on the Navidad, July 19, 1835 - who was among the first 10 go to the relief of Gonzales and next to Goliad -- who fired the shot that mortally wounded the chivalrous young Mexican, Lieutenant Marcelino Garcia, at Lipantitlan -- at the time in question (December, 1835), occupied this illogical position, opposing an absolute declaration of independence, on the grounds that that of November 7th, by the action of Mexico, had become virtually its equivalent. Yet that instrument declared fealty, under the constitution of 1824, to the Mexican Union, and under it the Provisional Government was formed as a quasi- State of that Union. Under the facts as then existing, the position was wholly untenable. This fact is to be lamented. However, on the first of February, 1836, hastening events had made plain that which was earlier scen by others, and he was elected to the final convention as the friend of unqualified independence.
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preserve the liberties of Texas and, provisionally, establish a system of civil administration to meet present necessities. To Henry Smith was committed the executive department. He became the head of the government, commander-in-chief of the army and navy (to be created) and was clothed with powers of appointment in some cases, subject to the approval of the council and with the power to veto and . defeat acts passed by the council, unless, on reconsideration, repassed by that body. In brief, his powers, so far as analogous, were similar to those pertaining to the Governor of an American State, and, in at least two respects, to those of the President of the United States. For the balance he was simply a worthy son of Kentucky, thoroughly conversant with the his- tory of his country, and thoroughly imbued with the princi- ples upon which its liberties were based.
During the existence of this council, the municipalities of Colorado, Jackson and Sabine were created and allowed rep- resentation. The names of several municipalities were changed, as Teneha to Shelby; Bevil to Jasper; Mina to Bastrop ; Viesca to Milam.
It must be borne in mind that frequently a member would retire and be succeeded by some other member of the Consult- ation from his municipality. It is necessary, therefore, in justice to all to subjoin the following list of all who, for longer or shorter periods, served in the council, though never but one at the same time from the same municipality.
Municipality of Austin. - Wylie Martin, Thos. Barnett, William Menefee, Randall Jones.
Municipality of San Augustine. - Almanzon Huston, A. E. C. Johnson.
Municipality of Colorado. - William Menefee, Jesse Burn- ham.
Municipality of Nacogdoches. - Daniel Parker.
Municipality of Washington. - Jesse Grimes, Asa Mitchell, Asa Hoxey, Phillip Coe, Elijah Collard.
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Municipality of Liberty. - Henry Millard.
Municipality of Milam. - A. G. Perry, Alex Thompson. Municipality of Shelby. - Martin Parmer, Jas. B. Tucker. Municipality of Gonzales. - J. D. Clements.
Municipality of Bastrop. - D. C. Barrett, Bartlett Sims.
Municipality of Matagorda. - R. R. Royall, Charles Wil- son, Ira R. Lewis, James Kerr.
Municipality of Harrisburg. - William P. Harris.
Municipality of Brazoria. - John A. Wharton, Edwin Waller.
Municipality of Jasper. - Wyatt Hanks.
Municipality of Jefferson - Claiborne West, G. A. Patillo. Municipality of Victoria. - Juan A. Padilla, John J. Linn. Municipality of Refugio. - James Power, John Malone.
Municipality of Goliad. - Ira Westover.
Municipality of San Patricio. - Lewis Ayers, John Mc- Mullen.
Municipality of Sabine. - J. S. Lane.
Municipality of Jackson. - James Kerr, who represented the old municipality of Matagorda till the creation of Jackson, in which he resided and thereafter represented. The same remarks apply to William Menefee, who first represented the old municipality of Austin - then the newly created one of Colorado.
The secretaries of the council were Peter B. Dexter and Elisha M. Pease.
The secretaries of the Governor were Dr. Charles B. Steward and Edward B. Wood.
In the original organization but fourteen municipalities were represented, but finally, by the creation of Jackson, Colorado and Sabine, and the arrival of members from four others, the number was increased to twenty-one; but at no time were all represented, and after about the 10th of Jan- uary there was never a quorum present at any one time.
The council, under the inspiration of diverse promptings,
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early betrayed the influence of faction and, step by step, proceeded to adopt measures anarchial in tendency and disastrous in results. They passed acts, ignoring the functions of the Governor and of General Houston, com- mander-in-chief of the army, and, under the pretexts of advancing the public interests, through an agency placed James W. Fannin in command of a body of troops in- dependent of the commander-in-chief, elected unanimously by the representatives of the people in the Consultation. General Houston was fulfilling, in a twofold sense, positions involving the safety and salvation of the country. As com- mander-in-chief he was exerting all his powers to organize an army, not of volunteer citizens free to go and come as they pleased, but an army under law and government to save the country from anarchy and ruin. At the same time, under the actions of the Consultation and a law introduced into the council by Major James Kerr and passed by that body, he was commissioned by Governor Smith, with John Forbes of Nacogdoches and Dr. John Cameron (the gallant Scot, re- cently escaped from prison in Mexico with Governor Viesca ), to proceed to east Texas and enter into a treaty with the Cherokee Indians and their twelve associate bands - a meas- ure deemed essential to the salvation of the country, in case of the advance of a Mexican army. There were over two thousand warriors among these tribes, expert riflemen. It was known that Mexican emissaries were among them, and no influence short of that of General Houston, personally known to every Cherokee in both Texas and the Indian Terri- tory, was believed to be sufficient to restrain them from an attack upon the retreating and defenseless families of Texas, in case of disaster at San Antonio, Goliad or Gonzales. This weighty mission, in which the lives of women and children were involved, aside from his responsibilities as commander- in-chief, without men, munitions, or a military chest, was suffi- cient to awe the spirit of any man of less courageous soul. Yet
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even he, in a spirit of indignation and disgust at the usurpa- tions and vacillations of the council, permitted his great powers, at a critical period, to lie dormant and awaited a new assemblage of the people's representatives in convention.
In this period of confusion and uncertainty, while faction was being generated in the council, Fannin arrived in San Felipe. His views were solicited by some of its members. His reply, in his own chirography and over his own autograph, is before me and is partly reproduced here:
" SAN FELIPE, December, 1835.
" Major James Kerr, Member of the Council :
" SIR: In conformity with your request, I herewith submit my views in regard to the true interests of Texas, both politically and in a military point of view. Allow me to say that I am farther induced to this course, as I am direct from the army ( at San Antonio) and feel satisfied that I speak the sentiments and wishes of the brave men now battling for the liberties and independence of Texas.
" Ist. I would most respectfully urge the calling of another convention of the sovereign people of Texas, by the Governor and Council, clothed with as full powers as the people themselves possess, that they may, then and there, act as circumstances and our peculiar necessities may then require. It is useless for me to go into a labored discussion to prove the absolute necessity of this course. It must be apparent to every reflecting mind. Let me add that the army now in the field feel indignant at the idea of the same members who have recently been in session, adjourning and meeting again, with- out submitting to the decision of their sovereigns what they had done and receive an approval of their labors. (So far Fannin breathes the spirit of patriotism and independence, but forgets the difficulty of printing at that time and that the Consultation had only been adjourned about two weeks :- J. H. B. )
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" It was expected that a severance of all political ties be- tween Coahuila and Texas would have immediately followed by adoption of a separate State constitution, under the consti- tution of 1824, to be submitted to the people for ratification or rejection, or, secondly, a Declaration of Independ- ence. * *
* With respect to the military, one major- general has been elected. His command, of course, in a military point of view, would be a division - say two brigades. If two brigades, you should then appoint two brigadier- generals," etc., etc.
Fannin unwittingly in this letter betrays the weakness that led to his downfall -a yearning for prominence in the army. He utterly ignored the fact that the one major- general elected (and major-general was the highest rank yet known to the American people), had been in express terms made (not, as in a large army, the commander of a division or two brigades ), but commander-in-chief of all the forces of Texas. Had he and the council, which subserved his views by indirection and distinct evasion, recognized and in good faith acted in obedience to this great legal fact, he and his noble followers at Goliad would not have surrendered three months later to Urrea, a few days later to be shot dead as so many dogs.
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