USA > Texas > History of Texas : from 1685 to 1892, volume 1 > Part 34
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Gonzales, Goliad, Concepcion, Lipantitlan - these were fought by citizens voluntarily assembled together outside of all legal authority. After the Provisional Government was organized (November 14th), but before it could organize any force to meet the emergency, the same voluntary individual citizens fought the Grass Fight (November 26th), and suc- cessfully captured San Antonio (December 5th to 10th). Neither Austin, Burleson, Moore, Milam, Johnson, Bowie, Travis, Collinsworth, Dimmitt, nor any man nor soldier in all those brilliant achievements, acted by authority of, or under any government. They were voluntary combi- nations of freemen held together by the cohesive power of
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patriotism. Austin was not sent, as one historian affirms, by the council to take command of the volunteers at Gon- zales. He was elected to the position October the 11th, and the Council was not organized till November 14th. Nor was he sent by the pseudo committee (sometimes called council ) at San Felipe, for it too was formed after Austin was in command. While on this point it is well to under- stand the true state of affairs at that time. Each mu- nicipality, so far as known, between the middle of July and the first of October, organized an advisory body styled a Committee of Safety and Correspondence. Of that at San Felipe, as has been shown, Austin was chairman for a short time after his arrival from Mexico and before he joined the volunteers at Gonzales. But on the 14th of October a sort of general committee was formed at San Felipe, com- posed of a member from each municipal committee so far as such committees had time to and chose to be so represented. The number of such was five or six. The existence of this committee was short, terminating when the Consultation organized on the third of November. Its actions, though patriotic and wise, only applied to immediate emergencies; but confusion arises in the minds of many, because it either received or assumed the title of General Council - a title belonging alone to the body created by the Consultation as the legislative branch of the Provisional Government.
At this period, covering the latter portion of November and the first half of December, the labors of Governor Smith seem to have been herculean and wisely directed to the salva- tion of the country. His communications to the council, of more than daily occurrence, were short, incisive and unself- ishly devoted to the public weal. It is refreshing to read them and realize not only his broad comprehension of the great issues before the country, but the self-abnegation with which his mind and heart were devoted to its welfare. He urged the council to its duty. He presented them evidence,
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through intercepted correspondence from Santa Anna to Cos, of the preparations being made by the former to invade, overrun and drive from the country its American population aud urged every action in their power to prepare for the emergency. In the same communication of December 4th, referring to the commissioners to the United States, appointed twenty-two days before, and delayed for want of action by the council, he says:
" It must be acknowledged by all that our only succor is expected from the East ( the United States ) where, as yet, we have not dispatched our agents. Sufficient time has elapsed since the rising of the convention, for them to now be in the United States. They have called on me in vain, day after day, time after time, for their dispatches (at least some of them have), and they are not yet ready. I say to you the fate of Texas depends upon their immediate dispatch and success. Why, then, delay a matter of such vital importance, and give place to minor matters, which could be much better delayed ? Permit me to beg of you a suspension of all other business until our foreign agents are dispatched."
He also urged in the same communication, the passage of a law calling another convention, clothed with plenary powers, for well his clear mind realized that the present anomalous condition could not longer continue without irretrievable dis- aster and final ruin ; for he firmly believed that the hermorph- roditic organization under which they existed being neither State, provincial, departmental nor national -could not meet the essentials of political salvation; and as every one knew, for he was among the earliest and had been perhaps the most unwavering champion of the cause, he was unconditionally in favor of a complete separation from Mexico and the organ- ization of an independent republic - a fact that brought upon him not only the opposition of the rapidly diminish- ing number of honest men who yet worshiped the corpse of the constitution of 1824, but the vile secret machinations
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of the few who were submissionists at heart and those, also, who were directly or indirectly in the interest of Mexico, by which is meant such hireling-conspirators as Edward Gritten, an Englishman by birth, but a Mexican by adoption, marriage and interest, who accompanied Almonte as secretary, in his spying expedition in 1834, and now succeeded in humbugging simple-minded men into the belief that he was a friend of Texas. This man, Gritten, found willing coadjutors in Dr. James H. C. Miller, the only traitor claiming residence in De Witt's colony, and, as a few then and many afterwards believed, in a member of the council from Mina, or Bastrop. The member referred to lost caste in his own municipality - never again resided in it - and located in Brazoria, where he soon died. Yet I do not believe he was, as Gen. Houston and many others thought, a traitor, but simply a fanatic in favor of the constitution of 1824.
Among the so-called Mexican republicans of that period who refused to sustain Santa Anna in establishing a despotism in Mexico, was Gen. Jose Antonio Mexia, a former friend but now an exile from Santa Anna. He headed an erratic expe- dition from New Orleans for the capture of Tampico and was barely enabled to escape with a portion of his followers.
CHAPTER XXXIX.
Governor Smith on the Condition of Affairs - Order for Electing a Plen- ary Convention on February 1st, 1836 - Usurpations of the Council - Trouble Brewing - Address by the Council to the Mexican People - Gen. Mexia - Veto by the Governor - Commissioners to Treat With the Cherokees.
Here is extracted certain passages from the " Life of Henry Smith, the first American Governor of Texas," by John Henry Brown. On the 9th of December Governor Smith transmit- ted to the council a communication, evincing his zeal in the organization of an army under the supervision of the com- mander-in-chief elected by the Consultation - thus early alligning himself against the impending anarchical course of intermeddling and usurpation by the council, so fraught with demoralizing tendencies. He wrote:
" GENTLEMEN : I transmit to your honorable body the copy of a letter received in my department from the commander- in-chief, General Sam Houston. Your honorable body will see by the tenor of his communication, the reasons and pro- priety of his request. And seeing myself that delays in the organization of the army would be dangerous, I confidently hope that everything consistent with your duties in that mat- ter will be promptly attended to. With sentiments, etc., I am, gentlemen,
" Your obedient servant,
" HENRY SMITH, Governor." December 8, 1835."
Here, a day later, is another, manifesting his keen insight into the motives of men and his utter want of faith in Mexi- can military chieftains, of the class to which General Mexia
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HENRY SMITH Provisional Governor 1836
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belonged; for he was thoroughly assured they would never consent to the independence of Texas, the object most dear to his own heart. In his extreme sensitiveness on this point he doubtless suspected that the move in favor of co-operation with Mexia, was to strengthen the feeling in favor of fighting as an integral part of Mexico, under the already slaughtered constitution of 1824, and thereby repress the growing feeling in favor of absolute independence, in favor of which promi- nently stood Governor Smith, Archer, the Whartons, William- son and others.
" GENTLEMEN : I herewith transmit to your honorable body the following bills, which I have had under consideration. The one authorizing persons to be appointed to make pro- vision for General Mexia, etc., as it stands, I cannot approve, for the following reasons :
" First. I have no confidence in General Mexia's co-operat- ing in the smallest degree in our favor. That his intention to make a descent on the seaports west of us is for the purpose of robbing, to recuperate his own desperate fortunes, I have no doubt ; but can see no possible advantage he would be to Texas. What his designs or intentions really are, I have no right to know; but really think it would be unwise to run this government to the expense necessary to fit him out, without having any guarantee from or control over him or his con- duct. Furthermore, as the bill runs, it would seem the outfit would be made before this government would be advised of his plans. Besides, I consider it bad policy to fit out, or trust Mexicans in any matter connected with our government; as I am well satisfied that we will in the end find them inimical and treacherous. For these and many other reasons not enumerated I cannot sign the bill. Three other bills which I have also transmitted to you, I have approved. With senti- ments, etc., I am, " Your obedient servant,
" HENRY SMITH, Governor."
" December 9, 1835."
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On the 10th of December, following the wise message of Governor Smith of the previous day, the council passed the following extraordinary resolution, utterly ignoring the pre- rogatives of the Governor and Commander-in-chief.
" Whereas, The Provisional Government of Texas, having received information of which there is no doubt that the enemy have large re-inforcements on the road to our frontiers, with whom there is $10,000 in money, and if the same is not cut off, or prevented from uniting with the forces now at Bexar, our small but patriotic army will be compelled to retire, being overpowered by four times their number ; Therefore, be it resolved by the general council of the Provisional Government of Texas: That General Mexia be, and he is hereby invited, together with the brave officers and men under his command, to repair immediately to Bexar by the way of Goliad, and there co-operate with the volunteer army of the people.
" Resolved, That an express be dispatched immediately to General Mexia, at Velasco, with a copy of this resolution.
" Resolved, That the services of Col. Power be accepted, and that he be requested to repair immediately to Velasco, or any other point, and wait on General Mexia with a copy of the resolution passed this day, requesting General Mexia to proceed to Bexar and to accompany the expedition and extend all the aid in his power, with authority to draw on this govern- ment for any amount of money necessary in forwarding the objects of said resolution."
It is a sufficient answer to this unfortunate and disorganizing gauntlet cast by the council at the feet of the Governor, to say : That General Mexia did not go to Bexar to co-operate in the reduction of that place, but sailed down the coast and made a worse than Quixotic night landing at Tampico, from which he made a speedy and inglorious retreat to his vessel, leaving twenty-seven of his American dupes prisoners in the hands of the enemy, to be shot as so many wild beasts a few
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days later. Secondly, that the Mexican re-inforcements had already entered Bexar, under Ugartechea; yet our brave volunteers were not (as the council predicted ) " compelled to retire," but, on the very day on which the doleful resolution was adopted, compelled the surrender of Cos and the entire Mexican army in Bexar.
On the 10th of December, under the urgent request of Governor Smith, the council passed an ordinance providing for an election throughout Texas, to be held on the first of February, 1836, for delegates to a convention, to be clothed with plenary powers, and to assemble in Washington on the first day of March -resulting in that noble assemblage which declared Texas to be an independent republic, the object most dear to the heart of Governor Smith ; but the ordinance allowed " all free white men and Mexicans opposed to a central government " to vote. To this latter clause the ever vigilant Governor objected in the following terse style, which subsequent events fully justified :
" GENTLEMEN : I transmit to your body various bills which I have considered and signed. The one with resolutions re- quiring me to communicate with the committee at the city of Mobile, for the purposes therein named, I have not as yet complied with, nor am I at present in a situation to do so promptly, as my health is bad, and my situation quite uncom- fortable, but hope in a few days to be better situated to discharge the functions of my office. I have signed the revenue, post-office and many other bills and resolutions of minor importance, all of which I transmit to you, with one to call the convention, not approved, inasmuch as I consider it in some degree exceptionable.
" My objections are confined to the third and fourth articles, and are these: That the Mexican population within our limits, particularly where they are unmixed with other population, could not properly be tested, at an election, to know whether
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they were in favor of centralism or not - that being made the touchstone for eligibility. Under existing circumstances, I consider one fact plain and evident: that they who are not for us must be against us. In my opinion they should be so considered and treated. Actions always speak louder than words ; and a very great proportion of the inhabitants of Bexar afford fair examples. They have had, it is well known, every opportunity to evince their friendship by joining our standard. With very few exceptions they have not done so, which is evidence, strong and conclusive, that they are really our enemies. In many instances they have been known to fight against us. I therefore consider that they should neither be entitled to our respect or favor, and as such not entitled to a seat in our councils. As it respects the other Mexican jurisdictions that are intermixed with our own population, where the touchstone could be more properly applied -it would be different. I, therefore, hope you will reconsider the bill, and make the alterations suggested, as I consider the objections reasonable and justly founded. I am,
" Your obedient servant,
HENRY SMITH, Governor." " December 12, 1835."
Governor Smith well understood and thoroughly believed that though Mexicans might profess opposition to a central- ized government, they would never consent to a separation from Mexico on the basis of Texian independence. A ma- jority of the council, however, were in favor of the delusion of fighting under the now defunct constitution of 1824, as a State or a quasi-State, of the Mexican nation, - for federation it had ceased to be under the overwhelming domination of Santa Anna and his minions. On the 13th, therefore, they passed it over the warning voice of the Governor.
On the 11th of December, the council adopted an address to the Mexican people, based on the preposterous idea that
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there still existed a powerful organized opposition to the despotic centralized government in that country - an as- sumption without any real foundation, after the annihilation of the liberal army of Zacatecas, by Santa Anna on the 11th of May, 1835, followed later, in the summer, by the disper- sion and captivity of the officers of the State government of Coahuila and Texas, at Monclova, by the military minions of Santa Anna. Governor Viesca had escaped from the military and fled into Texas, and when this address was sent forth to the Mexican people, the armies of Santa Anna held undis- puted sway over the whole of Mexico, beyond the popula- tion of Texas. In view of the actual condition of things, this address, pledging themselves to co-operate with the Liberal or Federal party of Mexico, and to continue as a State of the Mexican confederation, seems farcical. At that very moment Santa Anna was organizing a powerful army for the invasion and subjugation of Texas to his will - vow- ing to drive from the country or exterminate all who might refuse to obey or oppose his despotic designs.
While fully approving Governor Smith's distrust of Mexi- cans from the stand-point of Texian independence, the spirit of truth and justice demands that General Mexia should be chronicled as a Mexican patriot. As a Mexican in Mexico, he gave his life in opposition to Santa Anna's despotism. In a pitched battle on the plains of Perote, in 1839, he was defeated and captured by Santa Anna.
That apostate from the cause for which Mexia, Zavala and himself had done so much from 1822 to 1832, had the brave and faithful Mexia summarily put to death. His only son, General Enrique Mexia, is extensively known in Texas as a polished gentleman, and as a gallant and unwavering patriot in the trials of his country after he came to man's estate. He was the honored representative of his country at the dedication of the Capitol of Texas in the spring of 1888. He is entitled to the respect and friendship of the people
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of Texas and of all who appreciate honorable manhood, irrespective of nationality.
On December 11th, the council adopted a resolution pro- viding for the election by itself of a " judge advocate general for the armies of Texas, with the rank, pay and emoluments of colonel in the lines," etc. On the same day, in secret session (which, by the way, was a mode of proceeding too often resorted to by that body ), they proceeded to the election of numerous officers, both civil and military, after which the injunction of secrecy was removed and the result became public. Among other positions so filled, Edward Gritten was elected collector of the port of Copano; but the most re- markable action was in the election of Don Carlos Barrett, a member of their own body, to the office of judge advocate general, the ink recording the creation of which was not dry.
This action, combined with the action of the council in fostering the myth known as the Federal party in Mexico, in face of the rapid change everywhere apparent as in progress in favor of absolute separation from Mexico, as the only hope of political salvation, seems to have so incensed Gov- ernor Smith as to lead him into the use of severe expletives. On the 17th he transmitted the following communication to the council :
" GENTLEMEN : Your list of the names of various persons elected by your body to fill the different offices therein named has received my consideration. With most of the persons elected I have no acquaintance, but feel bound to presume that inasmuch as you are the guardians of the people, you feel the responsibility of the trust reposed, and would not confer an appointment of either honor, trust or profit on any man either unworthy or incapable of performing the functions of his office.
" Just emerging, as it were, from chaos, and assuming some- thing like an organized form of government, we should be ex-
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tremely cautious and fill our offices, both civil and military, with men who are honest and capable and who love virtue for her sake alone. To such men I would extend commissions with a satisfaction which can be much better felt than expressed. When, however, nominations are returned by your body of individuals within my own knowledge, who are to receive commissions at my hands to fill high, honorable and impor- tant stations, who have either by design or otherwise been imposed upon you, it is a duty which I owe to you, myself and my constituents, to notify you of your error.
" Ever feeling the weight of responsibility placed upon me by the suffrages of the people, as guardian of their rights, however unpleasant or painful the task, sheer justice shall be administered to the best of my abilities, without favor or affection. Having thus premised, I beg the favor of your honorable body to reconsider two of the appointments con- tained in your list, and strike out the names of Edward Gritten and D. C. Barrett, and let others be substituted in their stead. I never can extend to them commissions, unless compelled by a constitutional majority of your body, for the reasons which follow : First, of Mr. Gritten, as Collector of Revenue of the port of Copano. It is well known that Mr. Gritten made his first appearance in Texas as secretary of Col. Almonte, who was an avowed spy upon us under the orders of Santa Anna; an Englishman by birth and a Mexican by adoption and long residence; allied to our enemies by affinity and commerce, he has not joined our army and I have ever considered him a spy upon us.
" It must be evident that we have good, honest and capable men whose interests identify them with the country and whose characters are above suspicion, and I confidently hope your honorable body will make another selection.
" Respecting Mr. D. C. Barrett, I regret extremely that it . is my disagreeable and painful though bounden duty to object to his appointment as ' Judge Advocate General of all
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of the armies of Texas, with the rank and pay of Colonel in the line.'
"I object, in the first place, because the office is new and unheard of in the country. And secondly, I am bound to prefer against Mr. Barrett the following specification of charges."
Here followed six charges which were, if true, of too grave a character to justify depositing official power in his hands and the Governor asserted that they could be sustained.
The council, however, after considerable discussion, in secret session, on December 25th, adopted antagonizing reso- lutions, as will be seen further on.
Notwithstanding this discourteous action (refusing to spread the message on the journals), the impropriety and evil tendency of the resolution creating an important office and filling it with a member of their own body - especially with one who was antagonizing the growing sentiment in favor of independence - of which Governor Smith was the cham- pion - was so potent, that Mr. Power, the Irish member from Refugio, introduced, on the same day that Governor Smith's remonstrating message was presented, the following resolu- tion :
" Resolved, That no member of this council shall be eligible to any office created by it while a member of the council, nor for three months after he vacates his seat as a member."
This resolution, of course, was not adopted by the majority who had just violated its wise and salutary principle, but " was read and ordered to lie upon the table."
The following message shows with what keen watchfulness Governor Smith presided over the new government :
" SAN FELIPE, December 18, 1835.
" Gentlemen of the Council :
" I herewith transmit to your body a communication re- ceived from the commander-in-chief of the army (Gen. Sam
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Houston), in which he complains of delays on your part, in making the necessary appropriations for the recruiting service. It must be obvious to all that everything connected with the speedy organization of the army should be attended to as speedily as possible; and that no obstacle should be thrown in the way, in the least calculated to retard that object which is so essentially necessary to the protection of the country. I, therefore, confidently hope that your body will immediately consider the matter, and make such appropriation as will be ample and sufficient for that service, and place it under such restrictions and securities as will be calculated in all cases to secure the government from fraud or imposition. And by no means permit any barrier to remain in the least calculated to retard or discourage the recruiting service, on which so much depends.
" I further have to suggest to you the propriety of appoint- ing the commissioners on the part of this government to carry into effect the Indian treaty, as contemplated by the conven- tion. I can see no difficulty which can reasonably occur in the appointment or selection of the proper agents on our part, having so many examples and precedents before us. The United States have universally sent their most distinguished military officers to perform such duties; because the Indi- ans generally look up to, and respect their authority as coercive and paramount. I would, therefore, suggest the propriety of appointing Gen. Sam Houston, of the army, and Col. John Forbes, of Nacogdoches, who has been already commissioned as one of my aids. These com- missioners would go specially instructed, so that no wrong could be committed, either to the government, the Indians, or our individual citizens. All legitimate rights would be re- spected, and no others. I am well aware that we have no right to transcend the superior order and declaration made by the convention; that we must keep strictly within the purview of that article, and, if I recollect that article right, the out-
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