USA > Texas > The history and geography of Texas as told in county names > Part 15
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THE HISTORY AND GEOGRAPHY OF TEXAS
HEMPHILL.
Judge Hemphill was born in Chester District, South Carolina, in 1809. He may be justly styled the "John Marshall" of Texas jurisprudence. He was educated at Jefferson College, Penn- sylvania, where he graduated in 1826. He came to Texas in 1838 and was made judge of the Fourth Judicial Dis- trict of Texas in 1841, and in 1842 Chief Justice of the Re- public, and held the office un- til annexation. For a brief period in 1842, there being lit- tle business in the Supreme Court, he was appointed Ad- jutant General of Somervell's Expedition. He was Chief Justice of the Supreme Court of the Republic in 1845, and then was elected a member of the first State Constitutional convention. After annexation he again held the office of Chief Justice. In 1857 he was elected United States Senator, and in 1861 he was sent to the Confederate Congress. He died in Richmond, Va., in 1862. His body was brought back to Aus- tin and interred in the State cemetery.
HUTCHINSON.
Anderson Hutchinson was born in Greenbrier County, Vir- ginia, in 1805. He removed to Knoxville, Tenn., in 1826, where he began the study and practice of law, and in a few years achieved a fine reputation at the bar. From Knoxville he re- moved to Raymond, Mississippi, in 1835. In 1840, with Vol- ney E. Howard, he published a digest of the laws of Mississippi, for which they were paid $10,000. He removed to Texas in
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AS TOLD IN COUNTY NAMES
1841 and was soon made one of the District Judges of the Re- public. While engaged in holding court in San Antonio in Sep- tember, 1842, he was, with other officers of the court and citi- zens of San Antonio, surprised and captured by General Woll on his raid into Texas. He was carried to Castle Perote and subjected to great hardships, but was released in 1843. He returned to Mississippi and began his practice in copartner- ship with Henry S. Foote. He died there in 1853.
LIPSCOMB.
Abner S. Lipscomb was born February 10, 1789, in Abbeville District, South Carolina. He was educated in the common schools and studied law in the office of John C. Calhoun. In 1811 he was licensed to practice law and removed to St. Steph- ens, Alabama, where he became a member of the territorial Leg- islature of Alabama, and at the age of thirty, one of the Circuit Judges of the new state. In 1823 he was made Chief Justice of the Supreme Court of the state and held the office eleven years. He resigned in 1835 and removed to Mobile, where he was again elect- ed to the Legislature. In 1839 he removed to Texas and immediate- ly secured a large clientage. At the urgent solicitation of Pres- ident Lamar he accepted a po- sition of Secretary of State in his Cabinet. He was also elected a member of the first State Constitutional convention, in 1845. In 1846 Governor Henderson appointed him one of the Judges of the Supreme Court, which position he held for nearly eleven years. He died at Austin, November 30, 1856.
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THE HISTORY AND GEOGRAPHY OF TEXAS
MILLS.
Hon. John T. Mills was born in County Antrim, Ireland, No- vember 12, 1817. He came with his parents to America and settled at Beach Island No. 3, Beaufort County, South Caro- lina, where he was educated and studied law. About 1837 he came to Texas and located at Clarksville, where he practiced law, and immediately took a leading position in the profession. Recognizing his eminent fitness for the bench, President La- mar appointed him Judge for the Third Judicial District of the Republic of Texas, January 23, 1839, but he resigned in De- cember, 1840. Upon the redistricting of the Republic he was again appointed District Judge of the Seventh District, Jan- uary 28, 1842, and served in that capacity until after annexa- tion, in 1845. On August 14, 1846, he was appointed Judge of the new Eighth District, which position he held for several terms.
He was married in Clarksville, Texas, in 1843, to Mary Jane Vining, who died in 1854. He afterward married Mrs. Adair of Marshall, Texas, and removed to that city, where he resided until 1861. He then moved to his plantation on the Brazos River, in Robertson County, and lived there from 1861 to 1865, and in the latter year moved back to Marshall and became associated with Judge W. B. Ochiltree in the practice of law. He died at Marshall November 30, 1871. Judge Mills was a consistent member of the Cumberland Presbyterian church, a Mason in high standing, and a profound lawyer. He was a liberal and public-spirited citizen, and aided in many benevolent enterprises.
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AS TOLD IN COUNTY NAMES
OCHILTREE.
W. B. Ochiltree was born in the vicinity of Fayettville, N. C., October 18, 1811. He moved to the territory of Florida when quite a youth, and there secured his education. In 1830 he re- moved to Alabama, was admitted to the bar and began the practice of law. In 1839 he came to Texas and located at Nac- ogdoches, where he soon obtained a large clientage. In 1842 he was appointed District Judge of the Fifth Judicial District of the Republic. In 1844 he was appointed by President Jones as Secretary of the Treasury in his Cabinet, and early in 1845 transferred to the office of Attorney General, and was the last Attorney General of the Republic of Texas. He was elected a delegate to the Constitutional convention of 1845, and after an- nexation was again appointed Judge of the Fifth District. He soon resigned, however, and achieved great success as a prac- titioner. He was known by the sobriquet of "Buffalo Head" on account of his very large head. He was one of the most prominent members of the Legislature in 1855. In 1859 he moved to Marshall, and was in the secession convention of 1861, and was also a delegate to the Provisional Congress of the Southern Confederacy at Montgomery, Ala. He soon re- signed and raised a regiment and was attached to Walker's Division and led it with conspicuous gallantry. Owing to declin- ing health he resigned in 1863, returned home, and his health continuing to decline he died in Jefferson, Texas, December 27, 1867. He was exceptionally profound and eloquent as a lawyer and discriminating as a Judge.
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THE HISTORY AND GEOGRAPHY OF TEXAS
OLDHAM.
Williamson S. Oldham was born in Franklin County, Tenn., June 19, 1813; educated in the common schools of the country ; taught school in Tennessee and became clerk of the District Court of Franklin County. Un- der the direction of Judge Na- than Green he studied law and obtained a license. In 1836 he moved to Fayetteville, Ark., and formed a partnership with S. G. Sneed. He was soon sent to the Legislature and elected Speaker of the House of Repre- sentatives of Arkansas, and in 1844 was made one of the Jus- tices of the Supreme Court of that state. His health requiring a change of climate, he resigned in 1848 and in 1849 came to Texas and formed a partnership with General James Webb, former Attorney General. After- ward he formed a law partnership with J. F. Marshall and A. W. Terrell, and later with Judge White. In 1858 he and Judge White were employed by the State to digest the laws, and for the subsequent ten years Oldham & White's Digest was in uni- versal and almost exclusive use in Texas as a digest. In 1861 he was a delegate to the Provisional Government of the South- ern Confederacy at Montgomery, Ala., and later became a mem- ber of the Confederate States Senate from Texas. At the close of the Civil War he went to Mexico, and upon the downfall of Maximilian started for Canada, but before reaching there he learned of the amnesty granted to officers in his position, and returned to Houston and began the practice of law and died there May 8, 1868.
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ROBERTS.
This county was named for "John S. Roberts, and other distin- tinguished Texans by that name," by which it is presumed the Legislature meant "O. M. Roberts." John S. Roberts was born in Virginia in 1796 and re- moved to Louisiana in 1826, and came to Texas about 1833. He was a member of the Constitutional convention of 1836 and a signer of the Declaration of Independence. Oran Milo Roberts was born July 9, 1815, in Laurens District, South Carolina. In early life he moved to Alabama, where he was edu- cated, graduating from the Uni- versity of Alabama and entering upon the profession of law in that state in 1838. He served one term in the Alabama Legislature. He came to Texas in 1841 and located in San Augustine and began the practice of his profes- sion. In 1844 he was appointed District Judge. After an- nexation he resumed the practice of law and continued in the practice until appointed to the position on the Supreme bench in 1857. He was later Colonel of a regiment in Walker's Di- vision, C. S. A. While in the army he was elected Chief Jus- tice of the Supreme Court and was relieved by the results of the war. In 1866 he was in the first Constitutional Convention ; was elected to the United States Senate, but was denied his seat. Upon his return from Washington he established a law school at Gilmer, Texas, and in 1874 was again appointed Chief Justice of the Supreme Court of Texas. In 1878 he was nominated and elected Governor, and was re-elected in 1880. In 1883 he became law professor in the University of Texas and held the place until 1888, when, owing to the infirmities of age, he resigned. He died four years later in Austin, Texas.
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THE HISTORY AND GEOGRAPHY OF TEXAS
WEBB.
General James Webb was born in Fairfax County, Virginia, in 1792. He received a liberal education in his native state, and was admitted to the bar there in 1816. He removed to Jones County, Georgia, in 1819, and to Florida in 1821. In 1832 he was appointed United States District Judge for Flor- ida, holding court at Tallahassee and Key West. In 1838 he came to Texas and located in Houston. Shortly afterward he was made Attorney General, then Secretary of State, by Pres- ident Lamar, and was sent by him on a mission to Mexico. At the expiration of Lamar's term of office he located in Austin, and practiced law, and in 1841 was elected to the Senate. Upon the organization of the State judiciary he was appointed Judge of the Fourteenth District. He died November 1, 1856, while on his way to court at Goliad.
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WHEELER.
Royal T. Wheeler was born in Vermont in 1810 and early in life moved with his father's family to Ohio, where he re- ceived a good education. In 1837 he moved to Fayetteville, Ark., where he formed a part- nership with W. S. Oldham. He soon afterward moved to Texas and began to practice law in partnership with Ken- neth L. Anderson. In 1842 he was elected District Attor- ney and in 1844 to the Dis- trict bench. Upon the organ- ization of the State judiciary, in 1846, he was appointed one of the Associate Judges of the Supreme Court, and was suc- cessively re-elected until his death. In 1858, upon the elec- tion of Judge Hemphill to the United States Senate, he was made Chief Justice and held that position up to the time of his death, in Washington County, Texas. He died by his own hand, in a fit of mental abberation, April 9, 1864, in Washington County, Texas.
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THE HISTORY AND GEOGRAPHY OF TEXAS
CHAPTER XI.
COLONIZATION UNDER THE REPUBLIC OF TEXAS.
It was the policy of President Lamar to encourage the exten- sion of settlements on the frontier and beyond the settlements made under the laws of Coahuila and Texas, and with this in view, colonization laws were enacted in 1841 and subsequently, whereby Castro, Mercer, Peters, the German Emigration So- ciety and others introduced settlers. The only one of these empresarios, or contractors, whose name has found a place on the county map of Texas is Henry Castro.
Henry Castro was born in France in 1786. After the fall of Napoleon Bonaparte he came to the United States, and in 1827 became a naturalized citizen. Later he returned to France and in 1842 was Consul for the Republic of Texas at Paris.
A contract was made by him with the Republic of Texas in 1841 to colonize the following territory: "Commencing at the Laredo crossing on the left bank of the Rio Frio; thence along the Laredo road to the dividing ridge of the Rio Frio, and Rio Medina; thence with that range to a point twenty miles north of the upper Presidio-Rio Grande road; thence in a direct line to the point of confluence of the Arroyo de Uvalde with the Rio Frio; thence down the left bank of the main branch of the Frio to the beginning." "Also a fourth part of a tract to the east bank of the Rio Grande, commencing at the Salt Lakes of the San Patricio (Hidalgo) five miles between the crossing of the road from the salt lakes to Comargo, and stretching upward along the left bank of the Rio Grande to a point ten miles above Dolores Ferry."
At great labor and expense he succeeded in introducing 485 families and 457 single men, between 1843 and 1845, and was in the midst of his work at annexation, over the protests of Mex- ico to France. In 1845 he settled the town of Quihi; in 1846 that of Vandersburg, and in the same year that of D'hanis,
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and located his colonists in Medina, Frio, La Salle, McMullen and Uvalde. He was a man of large means and a publicist of international reputation. He was on his way to France when death overtook him at Monterey, Mexico in 1861. He was the founder of Castroville, in Medina County. His principal published works are his "Memoirs on Texas," in French and German, with maps, November 12, 1845, and his work on Mex- ico. For the locations of these and other colonies of the Repub- lic of Texas, see map of the Republic of Texas, supra.
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THE HISTORY AND GEOGRAPHY OF TEXAS
CHAPTER XII.
THE ANNEXATION OF TEXAS AND THE MEXICAN WAR.
After one of the most acrimonious contests in the history of American politics, Texas became a State of the Union in 1845.
The sentiment in Texas in favor of the measure was prac- tically unanimous.
The political parties in the United States were divided upon the question, but it was decided in the Presidential election of 1844, in which James K. Polk was elected President, and George M. Dallas, Vice-President.
The states voting in favor of the measure were Maine, New Hampshire, New York, Pennsylvania, Indiana, Illinois, Mich- igan, Virginia, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Arkansas and Missouri. Those voting against it were: Vermont, Massachusetts, Rhode Island, Connecticut, New Jersey, Ohio, Delaware, Maryland, North Carolina, Ten- nessee, and Kentucky.
Mexico was violently opposed to the measure and on several occasions previous to 1845 had, in most unmistakable terms, threatened to wage war against the United States in the event of annexation.
The position of Mexico was that Texas was a part of that Republic, that the whole territory of Texas belonged to Mex- ico,-not simply that between the Nueces and the Rio Grande, but the whole territory extending to the Sabine; and that any attempt by the United States to take possession of it was rob- bery.
President Polk's message of December 2, 1845, accurately and clearly stated the case of the United States in these words : "Texas has declared her independence and maintained it by her arms for more than nine years. She has had an organized government in successful operation during that period. Her separate existence as an independent state has been recognized by the United States and the principal powers of Europe. Treaties of commerce and navigation have been concluded by
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AS TOLD IN COUNTY NAMES
different nations, and it has become manifest to the whole world that any further attempt on the part of Mexico to con- quer her or overthrow her government would be vain."
The successive steps taken by Texas and the United States after the annexation resolution was approved by President Tyler, March 3, 1845, were: (1) The Congress of Texas was called to meet June 16th to consider the terms of annexation. On the 23rd the terms were accepted and a convention called to meet July 4th to ratify the terms of annexation and to frame a constitution for the State. (2) This was submitted to a vote of the people and ratified by a practically unanimous vote in October. (3) On the 29th of December the final act admitting Texas as a State was passed by the United States Congress.
While these things were going on the steps taken by Mex- ico were: (1) The Mexican minister at Washington, on the 7th of March, severed the friendly relations existing between the United States and Mexico by demanding his passports and leaving the country. (2) In May the Mexican Congress de- creed that a loan of two million dollars be negotiated to meet the expenses of what they called "the impending war." (3) On the 4th of June the President of Mexico decreed that Mex- ico would oppose with all the strength at her command, and would put the whole strength of her army in the field. (4) On the 12th of July the war minister issued a circular announc- ing that the government had decided on a declaration of war, and on the 16th he ordered the filling up of contingents of troops, "for the war which she wages against the United States." (5) On the 20th of July the supreme government of Mexico decided, with the unanimous consent of the Council, that "from the moment when the supreme government shall know that the department of Texas is annexed to the Ameri- can Union, or that troops from the Union have invaded it, it shall declare the nation at war with the United States."
At this juncture the United States, upon the suggestion of Texas, ordered General Taylor to move his command from Western Louisiana to Corpus Christi, Texas, and he arrived there on August 12, 1845. After remaining six months at Cor- pus Christi he was ordered to proceed to the Rio Grande, but
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THE HISTORY AND GEOGRAPHY OF TEXAS
to make no attempt to occupy any place in possession of the Mexicans and to avoid any collision, if possible. Without meet- ing any opposition he reached the Rio Grande opposite Mata- moros in April, and immediately sent General Worth with a courteous note to the Mexican commander at Matamoros, ex- pressing the desire that their respective armies maintain peace- able relations pending any adjustment that might be reached by the civil authorities of their respective governments. He received a curt reply, stating that his movement was consid- ered an act of war. General Ampudia sent him a note a short time afterwards demanding that he move back beyond the Nueces. On the 26th of April a squadron of United States cavalry was ambushed and captured by a Mexican force that had crossed the river, and with this and the siege of Fort Brown and the battle of Palo Alto, on the 8th of May, the Mex- ican War began.
No such question as a boundary line between Texas and Mex- ico, or between the United States and Mexico had ever been raised or disputed. After the treaty of Guadalupe Hidalgo in 1848, the government of the United States and the State of Texas had a se- rious controversy as to the dominion of Texas over that part of New Mexico east of the Rio Grande, the United States contend- ing that the effort made by Texas in sending the Santa Fe Expedition there in 1841 and failing in its purpose, Texas had no right to claim that portion of the republic. After a long and angry controversy the matter was finally compromised in 1850 by the United States paying to Texas ten million dollars for all of the territory claimed not within her present limits.
In recognition of the services of the statesmen in the United States bringing about annexation and of soldiers who served in the Mexican War the Legislature of Texas named in their honor the following counties :
Baylor
Dallas
Polk Walker
Calhoun
Gillespie
Tyler
Wise
Cass
Hays
Upshur
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AS TOLD IN COUNTY NAMES
BAYLOR.
Dr. Henry W. Baylor was born near Paris, Kentucky, in 1818. He attended the common schools of Paris, and later entered Transylvania University, taking both a literary and medical course. After his graduation he came to Texas and located in La Grange, where he practiced his profession, while occasionally he joined expeditions in pursuit of marauding Indians. He volunteered in the war with Mexico in 1846 and was surgeon of Hay's First Regiment. Upon the organization of Hay's Second Regiment he was chosen Captain of a com- pany and accompanied it in the campaign from Vera Cruz to the City of Mexico, participating in all its movements. When peace was declared and he saw his adopted State safe under the protection of the American flag, he returned to Texas and settled near Independence in Washington County, where he re- sumed the practice of his profession and engaged in farming until his death. He died August 4, 1854, and upon his tomb- stone is the inscription, "Keep my memory green." There were two younger brothers, John R. and George W. Baylor. Both brothers became noted in the Indian warfare that was kept up until the Civil War, and both rose to distinction in the War between the States. They were nephews of Hon. R. E. B. Tay- lor, a member of the United States Congress before coming to Texas, a District Judge of the Republic and State, and a dis- tinguished Baptist minister whose name is commemorated in Baylor University and Baylor Female College.
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THE HISTORY AND GEOGRAPHY OF TEXAS
CALHOUN.
John Caldwell Calhoun was born in Abbeville District (now county), South Carolina, March 18, 1782. His parents were Scotch-Irish and his father, a Revolutionary patriot, died soon after John C. was born. At- tending school at intervals, he began to prepare for college when eighteen years old. In two years he entered Yale College and after pursuing the course of study there was graduated with high honors. He studied law diligently for three years, a year and a half in the native state and a year and a half in Connecticutt. He began the practice of law in South Carolina and was soon elected to the State Leg- islature. In 1811 he was mar- ried and was elected to the United States Congress. Speaker Henry Clay immediately placed him upon an important com- mittee. During the war of 1812 he worked hard for the United States Army, and after the war favored a tariff to encourage home manufactures. President Monroe appointed him Sec- retary of State in his Cabinet. He was elected Vice President under John Quincy Adams, and again in 1828 under Jackson. In that year, what was called by Mr. Calhoun the "Tariff of Abominations," was enacted into law. In 1832, the nullifica- tion troubles took place, and in 1833, a compromise tariff bill was passed.
In February, 1844, there being a vacancy in the Cabinet of President Tyler, Henry A. Wise suggested Calhoun to him, saying: "Your most important work is the annexation of Tex- as, and the man for that work is Mr. Calhoun." Although not the choice of Tyler he was appointed to the position, and his
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first act was to prepare a treaty of annexation. This treaty was rejected by the Senate. At the expiration of Pres- ident Tyler's term he again entered the United States Senate and continued in that position up to his death in Washington, D. C., March 31, 1850.
He was one of the great triumvirate of the statesmen of the United States, a great thinker, and logician, orator and public- ist. He was the author of "A Disquisition on Government" and "The Constitution and Government of the United States," and other writings. While the treaty of annexation he prepared failed to pass the Senate, he had the satisfaction of seeing Texas safe in the Union soon afterward.
CASS.
General Lewis Cass was born in Exeter, N. H., October 9, 1782. In 1799 he removed to Marietta, Ohio, where he studied law and in 1802 was admitted to the bar. He entered the United States army in 1812 as Col- onel of the Third Ohio Volunteers. He urged the invasion of Canada, crossed over and was in the battle of Toronto, and later was surrend- ered a prisoner at Detroit. He afterwards became Major General of Ohio Volunteers and Brigadier General of the United States Army. He was appointed Mili- tary Governor of Michigan and held that office from 1815 to 1831. He was appointed Secretary of State by President Jackson, and in 1836 Minister to France. He was elected United States Senator in 1841 and was a warm advocate of the annexation of Texas, carrying Michigan for that measure in 1844. He was nominated by the Democratic party for President in 1848, but was defeated by General Zach- ary Taylor. He was appointed Secretary of State in the Cab- inet of President Buchanan in 1857 and held the position un-
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THE HISTORY AND GEOGRAPHY OF TEXAS
til 1860. He died at Detroit, Michigan, June 6, 1868. He was the author of "An Inquiry Concerning the History, Traditions and Languages of the Indians in the United States," also of "France, Its King, Court and Government."
DALLAS.
George Mifflin Dallas was born in Philadelphia, July 10, 1792. He was the son of Hon. A. J. Dallas, Secretary of State under President John Adams. He graduated at Princeton Col- lege in 1810, and was admitted to the bar in Philadelphia. His father at that time being Sec- retary of the Treasury under Madison, he spent most of his time in assisting him. At the expiration of his father's terni of office, he returned to Phila- delphia and actively and suc- cessfully engaged in practicing law.
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