USA > Texas > History of Texas : from 1685 to 1892, volume 2 > Part 15
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1 This was the boundary defined February 22d, 1819, in the treaty be-
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HISTORY OF TEXAS.
The still unsettled point of dispute between Texas and the United States is this: Melish's map, as corrected and pub- lished on the first of January, 1818, was attached to and made a part of the treaty. The line was to follow Red River as laid down on said map to longitude one hundred - thence north to the Arkansas. That map only laid down what is now known as the North Fork of Red River and entirely omitted the South Fork, then wholly unknown to white men, but called by the Indians Ke-ah-ke-ho-no, or Prairie-Dog- Town-River, which has the widest bed, but not near so much water as the North Fork. The junction of these streams proved to be below or east of the one hundredth degree of longitude. Texas justly claims the North Fork as the bound- ary laid down in the treaty. The surveyors of the United States, ex parte, took it upon themselves to assume - ignor- ing Melish's map - that the previously unknown Prairie-Dog- Town-River, or South Fork, was the true Red River. If this were true, the map fully sustains the claims of Texas as to what was intended and laid down in the treaty. The dif- ference involves about eighteen hundred square miles of ter- ritory, between the two forks, ever since 1860 constituting Greer County, Texas, now and for some years populated and organized under State laws, with regular courts and all the habiliments of political organization. Nothing but an edict based on the doctrine that might makes right will ever deprive Texas of it.
The commission of 1840, however, was confined to the boundary between the Sabine and Red River. The boundary as established threw into Texas a strip of land several miles wide in the upper part, whose inhabitants had hitherto been considered residents of Louisiana or Arkansas. To these new citizens, Texas generously granted land as if they had been immigrants.
tween the United States and Spain, and re-affirmed in a treay between the United States and Mexico in 1828 and finally ratified April 5, 1832.
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In this mission Mr. Memucan Hunt was, at first, the com- missioner on the part of Texas, but was superseded by Mr. George W. Smyth. Hamilton P. Bee was secretary and Mr. - Gray, surveyor.
The year 1840 became memorable, also, in its last few weeks, by the acknowledgment of Texian independence, through the negotiations of General James Hamilton, by Great Britain, France and Belgium. Thus the young Republic, environed as it was by the wily machinations of Mexico, through Canalizo encouraging and patronizing a merciless Indian war along her entire borders, suffering under the pressure of a worthless currency and staggering under a combination of afflictions, was still making hopeful strides toward power and ability to meet and overwhelm all its enemies. Recognized by these three European powers, foreign commerce was encouraged and steadily grew in volume until, five years later, Texas became one of the States of the American Union. Amid much cause of sorrow and gloom, the spirits of the people steadily grew in confidence and heroic determination to pre- serve, enrich and increase the fame of their country.
CHAPTER XIX.
THE FIFTH CONGRESS.
Assemblage of the fifth Congress, December 13, 1840 - Illness of President Lamar - Burnet becomes acting President - Franco-Texienne Land Bill - A fatal duel - The Currency question - John Hemphill becomes Chief Justice -The unfortunate Santa Fe expedition - Houston elected President and Burleson Vice-President in September, 1841, and installed November 1st - Lamar's agreement to aid Yucatan - The Navy under Com. Moore - Orders to sell the Navy.
The fifth Congress assembled at Austin on the first Mon- day of November, 1840. After December 13th, Vice-President Burnet, in the absence (on account of ill-health ) of President Lamar, filled the Presidential office.
In the Senate appeared, among others, Robert Potter, from the Red River district, the first Secretary of the Navy. This was his first and last service in the Senate. He was killed in a personal feud during the next year.1 In the House of Rep- resentatives, David S. Kaufman of Nacogdoches, was unan- imously re-elected Speaker. His immediate colleague was James S. Mayfield, a lawyer of ability, serving his only term in the councils of Texas. Gen. Houston again appeared from San Augustine, having as a colleague Henry W. Au- gustine. Matagorda returned Edward L. Holmes ; Colorado re-indorsed William Menefee, as Bexar did Cornelius Van Ness, sending with him George Blow, a brilliant young Virginian,
1 Robert Potter had been four years a member of the United States Con- gress from North Carolina. He was a man of eloquence and rare talent, but rash and impetuous in temperament. He was a lawyer and a planter, living on Soda Lake, Texas, at the time of his death, which resulted from one of those neighborhood feuds to which American frontiers have been too much subjected. Men of respectability were involved on both sides.
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who afterwards returned to his native State. Among the new members were ex-Governor Henry Smith and Timothy Pilsbury, from Brazoria; Isaac Van Zandt, from Harrison ; Patrick Usher, from Jackson; Washington D. Miller, from Gonzales; William N. Porter, from Red River ; and Michel B. Menard, from Galveston ; all men of ability and some of them experienced in legislation.1
The matter of greatest public interest before this Congress was an extraordinary measure known as the " Franco- Texienne Land Bill." It proposed to grant to a French com- pany three million acres of land ; 512,000 acres fronting one hundred miles on the Rio Grande, above the Presidio road, and eight miles in depth ; 192,000 acres on the Nueces, above the Presidio road, on both sides of the river, six miles in width and twenty-one in length ; 194,000 acres on the Rio Frio; 128,000 acres extending from the Arroyo Seco to the Arroyo Uvalde ; 128,000 acres on the Guadalupe, above the mouth of Sabine Creek; 1,000,000 acres, in three tracts between the Colorado and San Saba; 192,000 acres from the Colorado to the Pase- gona River, three miles wide and one hundred miles along the old Santa Fe road; 294,000 acres on Red River, next above the Cross Timbers, fronting forty-six miles and ten miles in depth ; 50,000 acres at the head of the Nueces ; 50,000 acres at the head of the Colorado; 50,000 acres on the Aguila River; 50,000 acres near the source of the San Andres ( Little) River ; 50,- 000 acres on the Brazos, thirty miles above the Palo Pinto Creek ; 50,000 acres on Noland River, fifty miles above its mouth (this stream is not fifty miles long), and 50,000 acres
1 Among other events this year was a duel fought in San Antonio by Major Lysander Wells and Capt. William D. Redd, of the regular army, in which one was instantly killed by a shot in the eye. The other received a shot in the cheek, and died an hour later. Both were chivalrous men and the event was deplored throughout the country. One of the seconds, Lieut. Roswell W. Lee, then a young officer, never ceased to mourn his connec- tion with the tragedy, and the other second left the country, never to return.
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in the forks of the Trinity, west of the Cross Timbers. The company was to have the right, for twenty years, to import free of duty whatever they wished, including goods for the Mexican trade and were to pay no ad valorem tax till 1849, and then only on occupied lands. They were to locate upon the land at least eight thousand immigrants by the 1st of January, 1849. They were also to establish, erect and keep in good and sufficient repair for all military purposes, for the term of twenty years from the 1st day of January, 1849, a line of military posts, extending from the Presidio Del Rio Grande to Red River, at some point above the Cross Timbers, the line to consist of twenty posts, the posts to be located on the lands designated.
This measure convulsed the country. Opposition sprung from every section, and after a heated discussion, fortunately for the country, in view of the transcendent events occur- ring three years before 1849, including annexation to the United States, it was allowed to fall into the sleep of death. The scheme, in the very nature of things, was impracticable ; but, for the moment, its apparent promise of peace on the frontier, captivated some of the brightest minds of the country.
The worthless currency of the country was elaborately dis- cussed in reports and speeches, and various remedial plans suggested. All deprecated the further issue of treasury notes, then circulating at ten cents on the dollar; but the session passed without producing a remedy. In January, 1840, Judge James W. Rolinson, of the fourth or western dis- trict, resigned, and John Hemphill was elected in his stead, During the session, a year later, Thomas J. Rusk, Chief Jus- tice of the Supreme Court, resigned, and Judge Hemphill was chosen to fill the position, which he continued to do, by successive re-elections, for eighteen years, till his election to the United States Senate in 1858. Anderson Hutchinson succeeded him as judge of the western district.
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During this session of Congress President Lamar very earnestly recommended an appropriation and the adoption of measures, peaceful and commercial, to extend the jurisdic- tion of Texas over Santa Fe and so much of New Mexico as lay east of the Rio Grande. This was a part of Texas as- defined by the law of 1836, fixing her boundaries as previ- ously advocated by General Houston, and embraced a con- siderable population, isolated by twelve hundred miles from the Mexican capital and by four hundred miles, partly across a desert, from El Paso del Norte, the nearest settlement of any consequence in the direction of the capital. Santa Fe, ever since 1823, had afforded a rich Mexican trade, through caravans of wagons making annual trips, from St. Louis, Missouri traders receiving gold and silver in return for their goods. This trade if diverted to Texas it was thought would supply the precious metals, relieve the financial embarras- ments of the country, and speedily lead to a line of posts through the Indian country, thereby diverting the hostile tribes from the Texas frontier. New Mexico, in her isola- tion, was largely independent of Mexico, and was ruled with despotic severity by a few families, who successively furnished the governors and other functionaries and consumed the sub- stance of the people. Two or three American residents of that place visited President Lamar in the spring of 1840,- urged a measure of this kind and furnished evidence show- ing that it would be hailed by the mass of the people as a deliverance from a grievous thraldom. Looking over the field in all its aspects and taking into consideration the. deplorable financial condition of Texas, it was certainly an alluring proposition. Congress failed to provide for the expedition. The President, however, had become so per- suaded of its wisdom and utility that he resolved to undertake its execution upon his own responsibility.
Early in the spring he began the necessary preparation. Commercial men were invited to join the proposed expedition
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with stocks of goods. A sufficient number of troops were to act as an escort to protect the party against Indians. Cir- culars and proclamations (printed in the Spanish language), assuring them that the expedition was peaceful, disclaiming all design of asserting jurisdiction by force and stating that the only wish entertained was to open peaceful trade-relations and give the New Mexicans an opportunity to live under the liberal laws of Texas, were to be taken along by three civil commissioners and distributed among the people. If they acquiesced, it was promised that only the general laws of Texas would be extended over New Mexico and that their local laws and customs should continue in force until altered by themselves. The commissioners were instructed to use no force unless to repel attack, and generally to act in accordance with the peace proclamation.
The expedition having been organized, left Brushy Creek fifteen miles north of Austin, on the 21st of June, 1841. The commander was Brevet Brigadier-General Hugh McLeod. The number of soldiers was 270, organized into companies, among the captains of which were, Matthew Caldwell, the old veteran of Gonzales, - Houghton, William P. Lewis, of the artillery, and others.
The commissioners were, Don Jose Antonio Navarro, (a native of San Antonio ), as true a man as was ever born on or trod the soil of Texas; Col. William G. Cooke, a man of experience, honor and courage; and Dr. Richard F. Brenham, as gallant a gentleman as was ever born on the soil of Kentucky. Their secretary was George Van Ness, a younger brother of the orator and legislator, Cornelius Van Ness, and a young man of great worth.
There were a number of amateurs along, for the novelty and pleasure of the trip, among whom were George Wilkins Kendall, editor of the New Orleans Picayune, who afterwards published an admirable history of the expedition, and Frank, a son of General Leslie Coombes, of Lexington, Ky.
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After innumerable hardships and much suffering - having traveled without the anticipated Lipan Indian guides - on the 11th of August, they thought themselves to be within about eighty miles of San Miguel, a frontier village on the Rio Pecos, east of Santa Fe. They had been almost constantly annoyed by parties of Indians seeking to kill their hunters, pickets and guards, and to steal their cattle (work oxen and beeves ), and had become not only worn down with fatigue and watching, but were reduced to the necessity of eating snails and lizards to prevent starvation. For want of proper guides they had traveled nearly three hundred miles farther than was necessary.
Thus situated, Messrs. Howland, Baker and Rosenberry, were dispatched to San Miguel in search of provisions and to ascertain in what spirit the expedition would be received by the New Mexicans. The main body wearily followed on over a broken country until the 10th of September, " devour- ing," says Mr. Kendall, " every tortoise and snake, every living and creeping thing, with a rapacity that nothing but the direst hunger could induce." A few days after- wards their advance party met asmall party of Mexican traders, who could give them no provisions and who told them they were still seventy or eighty miles from San Miguel; but that at Anton Chico, a nearer hamlet, they could procure mutton from flocks in that vicinity. Some of the Mexicans returned to those in the rear to guide them by a shorter route. The advance party continued on to the Rio Gallinas and found the flocks, where (says Kendall), " a scene of feasting ensued which beggars description."
On the next morning the advance party sent forward Capt. William P. Lewis, of the artillery (who understood the Spanish language), with Messrs. George Van Ness, Howard, Fitzgerald and Kendall. They bore a letter to the Alcalde, informing him of the approach of the party ; that it was a commercial enterprise, peaceful in character, and that the
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mission of the gentlemen sent forward was to buy and send back provisions to the main body. They also carried num- erous copies of President Lamar's proclamation, declaring the objects of the movement, and that, if the inhabitants of New Mexico did not desire peaceably to come under the juris- diction and flag of Texas, the expedition would immediately return home. Lewis and party, on the 14th of September, left the Gallinas for San Miguel. The shepherds on the Gal- linas had informed them that the country was in arms against them and that Howland, Baker and Rosenberry had been seized and imprisoned at Santa Fe.
Strangely enough, the advance party failed to send this startling intelligence back to Gen. McLeod, with the main body. It was a suicidal omission of both duty and prudence. Mr. Howland attempted to escape from prison and convey the news to General McLeod, but was recaptured, and for this effort to save his countrymen, was shot in San Miguel, under the orders of Armijo, Governor of New Mexico.1
On the afternoon of their departure, Lewis and party over- took two muleteers, from whom they received confirmation of the imprisonment of Howland and party, and were advised of. the intense excitement prevailing in the country, caused by Governor Armijo informing the people that it was the inten- tion of the Texians to "burn, slay and destroy " as they marched. This information was sent back to the party on the Gallinas ; but those in command of that body again failed to send it back to General McLeod. On the night of that day Lewis and party slept at Anton Chico, where they were informed that they would be arrested and 'shot next day. Still they proceeded toward San Miguel; but on the way were surrounded by a force under Salazar, dismounted and started
1 Mr. Howland was one of the American residents of Santa Fe, who had visited Texas and urged the expedition upon President Lamar; and by his last act, proved the inflexible fidelity of his character. He merits the respect of posterity.
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on foot for San Miguel. From San Miguel they were hastened on toward Santa Fe, tied together in pairs and driven as cattle on the way to a slaughter house. About sunset they met Governor Armijo, in command of near six hundred men on the march to meet and attack the Texians. Armijo saluted them as friends and inquired who they were. The traitor, William P. Lewis, then gave the first evidence of his hitherto latent villainy.
He replied to Armijo that they were merchants from the United States. The chivalrous young George Van Ness indignantly interposed, saying they were all Texians, except- ing Mr. Kendall, who was an editor from the United States, and who was along on a trip of pleasure and observation. Armijo pointed to the star and the word "Texas" on the uniform of Lewis, and said : " You need not think to deceive me. United States merchants do not wear Texian uni- forms !" Still, as Lewis spoke Spanish well, Armijo took him as interpreter. His companions, on foot, were taken back to San Miguel, where, on the next day, they witnessed the murder of Howland and Baker. Col. William G. Cooke, one of the commissioners, with ninety-four men, had moved from Gallinas to Anton Chico. Salazar informed him that Lewis and party had been kindly received and sent on to Santa Fe. On the 17th, notwithstanding protestations of friendship by Salazar, Col. Cooke found himself surrounded by a large force under the Governor. Cooke was about to open fire, when Lewis and the Governor's nephew advanced with a white flag. Lewis informed Cooke that there were six hundred men around him and that he had seen four thousand more, well equipped, who would be on the ground in a few hours, and that there were five thousand more on the march from Chihuahua (the two last statements false), but that Governor Armijo had authorized him to say that if the Texians would give up their arms, they would have permission to come in and trade and, after eight days, their arms would
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be returned to them. Notwithstanding the treachery of Urrea to Fannin and Ward, Col. Cooke and the Texians acted on the statements of Lewis, and surrendered. They could not conceive of villainy so base as would be betrayal by Lewis. The bravest and most unselfish men are ever the least suspicious. But this creature was at that moment a pur- chased and perjured traitor to his kith and kin, his country and his God. He was ever after an object of aversion and detestation wherever he resided, even in Mexico. He was regarded, even by the humblest classes of the Mexican popu- lation, as a moral leper and shunned accordingly.
Armijo had all the prisoners bound as felons, and, without permitting them to see their friends who had been previously betrayed and captured, started them off to the city of Mexico, twelve hundred miles distant, via Santa Fe.
Armijo then set forth to meet Gen. McLeod, and the main body, which, in a starving condition, had reached the Laguna Colorado (Red Lake), about thirty miles from the Rio Gallinas. There Armijo met him. Absolutely without the physical strength or means of defense, and under promise of good treatment and respect for all their private property, Gen. McLeod and his men surrendered. Immediately upon this they were searched, robbed of everything, bound in pairs and marched to San Miguel, arriving there on the 12th of October ; three months and twenty-one days after starting from the vicinity of Austin. The goods captured were disposed of by Armijo, who reserved to himself whatever his avarice coveted. He gave Lewis a large amount as a reward for his treachery, and wrote to Garcia Conde, Governor of Chihuahua: " In consideration of the great services rendered by Capt. William P. Lewis, in assisting me to capture the Texians, I have given him his liberty and his goods, and earnestly recommend him to the notice of the Central Government." On the 17th of October, bound in pairs, the prisoners were started to the city of Mexico, by way of Santa Fe, in charge of the brutal ruffian,
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Salazar. Their treatment, while under his charge, as far as El Paso del Norte, was barbarous. Some died on the way and their ears were cut off as trophies and as proof that they had not escaped.1
At El Paso they fell under the charge of a humane officer and thenceforward received better treatment. At Chihuahua the citizens and foreigners gave them clothing and other sup- plies. In due time the prisoners reached the city of Mexico and were imprisoned till about July, 1842, when, at the inter- cession of General Waddy Thompson, of South Carolina, then American minister, they were released and returned home- some of them in time to visit retribution in the battle of Salado, on the 18th of September. Capt. Matthew Caldwell, one of their number, with the rank of colonel, commanded in the latter victorious conflict. Mr. Thomas W. Hunt, another of their number, did fearful execution on that occasion by the deliberate use of an unerring long range rifle. As a sharpshooter, in front of the Texian line, it is doubtful if a single one of more than a dozen balls from his rifle missed its intended destination. (He died in Bosque, County, in 1892. )
Before dismissing the subject, it is reasonable to say that if the party under Col. Cooke, among the sheep on the Gallinas, had sent a flock back to meet Gen. McLeod and had remained till he arrived, thus uniting over two hundred and fifty effect- ive men, they could have defied Armijo and safety retreated down the Pecos, driving sheep before them for subsistence. Gen. McLeod was an enlightened and gallant man, quick in perception and prompt in action, and enjoyed the fullest con-
1 John McAlister, a brave and worthy man, was one of the prisoners. His ankle was inflamed so that he could travel no farther and so he an- nounced. Salazar ordered him to move on. He exposed his ankle declaring his inability to walk. Salazar, in a rage, declared he would shoot him if he did not move. McAlister then exposed his breast and told him to shoot. Thereupon the monster sent a ball through his heart, cut off his ears, and having him stripped of shirt and pants, left his body by the roadside.
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fidence of his men. Col. Cooke and Capt. Caldwell were veteran officers and approved soldiers, and a large per cent of the men were experienced fighters. After a few shots from such men, Armijo and his five or six hundred Mexicans, armed with old muskets and escopetas, would have kept at as safe a distance as Vasquez did when opposed by Jordan just one year before. Fate decreed otherwise. The expedition was not without fruit for Texas. The treachery and barbarism practiced awakened anew, throughout the United States a determined feeling in favor of Texas and against Mexico.
Had the expedition succeeded the name of Lamar would have received additional luster. It failed. But Mr. Kendall, a highly competent authority, after stating the unexpected difficulties and untoward circumstances encountered, says : " President Lamar's estimation of the views and feelings of the people of Santa Fe and vicinity, was perfectly correct. Not a doubt can exist that they all were, and are (1843), anxious to throw off the oppressive yoke of Armijo, and come under the liberal institutions of Texas ; but the Governor found us divided into small parties, broken down by long marches and want of food ; discovered too, a traitor among us ; and, taking advantage of these circumstances, his course was plain and his conquest easy."
Trivial events sometimes determine the fate of men, of cities and of nations. Had Houston been crushed at San Jacinto and had the victorious banner of Mexico been planted on the Sabine, the patriots who fought under his banner would have occupied a place in history similar to that of Walker and his followers in Nicaragua. They would have appeared as mere adventurers attempting revolution in a foreign State. By the 'erratic judgment of the hour, so often merciless and unreasoning, failure brought on Lamar pitiless criticism for trying in good faith to extend the ægis of Texas over her whole territory and thereby strengthen her power and re- sources as an independent nation. His judgment may have
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