USA > Texas > The history of the republic of Texas, from the discovery of the country to the present time; and the cause of her separation from the republic of Mexico > Part 30
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EXTRACTS FROM THE LONDON PRESS.
government, the formation of a new congress (to be occupied exclusively with the revision and reform of the constitution), and the election of some influential man who, invested with extra- ordinary powers, should take the reins of government till the proposed measures are effected. In consequence of these pro- ceedings, General Santa Anna, who was residing on his estate at Vera Cruz, issued a communication to government, praying them, in consideration of the justice of the demands of General Paredes, to suspend any hostile measures against him, intimating at the same time, his (General Santa Anna's) resolution to second the plans of Paredes, should government not be disposed to listen to them, On Santa Anna's sentiments being known, as well as from his being commandant-general of Vera Cruz, the civil authorities of that city immediately pronounced in favour of the new order of things ; whereupon the General immediately marched for the fortress of Perote (on the road to Mexico), to strengthen his position. What impression this emeute made at the seat of government was not known, as the accounts reached the capital at the moment when the express for the coast left, but it was generally considered beyond a doubt that it would tend to the abolition of the consumo duty. We regret to announce the death of Lieutenant Dawson, of the Alert.
" By letters from Mexico of good authority, it is known that that government on the 10th of August, sent instructions to General Arista not to have any communication with the Texan commissioners expected at Monterey, except on the basis of sub- mission to Mexico. The Mexican congress has passed a law admitting, free of duty, for the term of ten years, coals for the use of her Majesty's steam-packets ; such concession being granted only for the coals used by that particular service, with a proviso that it may cease before the expiration of the term, provided the mines of the republic shall yield a sufficient quantity of coal. With respect to the recently declared independence of Yucatan, the Mexican minister for foreign affairs strongly protests against it, and against all that may be done in that territory against
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MR. CRAWFORD'S NARRATIVE.
the integrity of the Mexican republic, and repudiates all con- tracts that may be entered into with the insurgents."
When speaking of the Texans, I have always described them as sanguinary gamesters, and cold- blooded assassins, and the following extract from the columns of the Morning Chronicle, October, 1841, indisputably bears me out, and I can claim for myself the fullest consolation of the old Latin proverb ---
" Magna veritas et prævalebit."
" From Texas we learn that one Jackson, resident in Harrison county, had contrived the arrest of Judge M'Henry, who tried him ; that the friends of the judge killed Jackson, and that a large party of Jackson's friends immediately went out, and hung the five friends of the judge, who had killed Jackson ; the whole representing a fearful tragedy !"
I take the above from a letter of "Publicus," of Philadelphia, the well known veracious correspon- dent of the Morning Chronicle.
While in the act of compiling the foregoing sup- plement, I received from an authentic source the following account of a "Big Talk" with several Indian chiefs in Texas, in presence of Her Majesty's Consul, (Joseph T. Crawford, Esq.) at Tampico, which may be interesting to the reader.
" Early in May, 1837, a day or two after the opening of the Congress, at the city of Houston, several tribes of Indians being
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MR. CRAWFORD'S
encamped in the splendid forest which covers the undulating ground, on the opposite side of Buffalo Bayou, where the city is situated, a 'big talk' was arranged with the president, General Sam Houston, and the cabinet of Texas, at which Mr. Craw- ford, who was then upon his visit to that country, was invited to be present.
" The 'talk' was held in the ' White House' of Texas, General Houston's residence, then a log cabin, consisting of a passage cr hall, open at both ends, and a room of very moderate dimensions on each side.
"On the anniversary of the battle of San Jacinto, (21st of April,) a lofty flag-staff had been erected in Main-street, and, on this occasion, a splendid silk flag of the new republic was, for the first time, displayed from it.
" Around this flag several hundreds of Indians and Squaas danced a grand war-dance. Such exhibitions have been too often described to require a particular account here. They began mov- ing round the centre like so many radii, as is done in the Flower- dance when represented on the stage, accompanying the move- ment to a dull and monotonous sort of humming music of their own voices, which became quicker and quicker till they got into very rapid motion, with shouts and yells occasionally, and, all at once, they stopped, and suddenly dispersed. After this, the chiefs adjourned to the ‘ talk.'
" These consisted of some six elderly and very sedate grave gentlemen, who were seated around a table, and communicated through an interpreter. The latter appeared a very intelligent, middled-aged man, and seemed to possess the implicit confidence of the chiefs. In presence of Mr. Crawford, they were made to intimate their friendly disposition to the new rulers, and received assurance of their protection in return. General Houston, having ordered the interpreter to inform them that there was an officer of their Great Father across the water present, in the person of Mr. Crawford, they expressed their disbelief, by looking, as it were, melancholy, serious, and all shook their heads. General Hous-
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NARRATIVE.
ton then asked Mr. Crawford to stand forward, and took down his (Mr. Crawford's) sword, which, being an old one, such as used to be worn in the navy, had a crown and anchor on the handle. Upon seeing these emblems their doubt seemed to vanish, as they all stood up, and one by one, in the most com- posed manner, examined the sword carefully. They then re- turned it, muttering two or three words ; all bowed their heads, and, in token of assent, uttered a sort of 'ugh.' Immediately afterwards, the oldest advanced to Mr. Crawford, took him by the right hand, and commenced a sort of manipulation up the arm, grasping it strongly, as if feeling the muscles at short dis- tances quite up to the shoulder. Mr. Crawford was desired to do the like to the veteran chief, which he did. He had to go through exactly the same ceremony with all the other chiefs, ending with the youngest. After the whole was euded, it was explained to Mr. Crawford that he was recognized to be treated as a chief by their tribes, and that he was known as such, and would be so received should he pass their country. So ended ' the Talk.'
" In the afternoon the presents were delivered, and instant dis- tribution commenced, each carrying away his respective share. Tobacco seemed, of all the articles they received, to be the most esteemed. Drunkenness then began, and at last General Hous- ton had to send round to the liquor stores to request that no more whisky should be sold, which had the effect of inducing them quietly to retire to their camp, but the woods rang nearly all night with their yells. Amongst them was a very finely formed youth, who wore the large silver badge which was given to his father by General Jackson, whose faithful guide he had been for years through the intricate wilds of the ' far west.""
In the preceding narrative the reader will not fail to observe the respect paid even by those Indians of the south to their " Great Mother" (our gracious Queen) across the water. Their acquaintance with
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ADROITNESS OF THE TEXANS.
the emblems of British royalty, and their readiness to admit Her Majesty's representative, Mr. Craw- ford, to the rank of a chief amongst them, are no less remarkable. These facts confirm my opinion (stated in page 235) of the practicability of Great Britain and Mexico combining to form treaties with, and civilize these children of the desert. universal partiality to Great Britain pervades the whole of the Indian tribes, from the lakes of Canada to the plains of Mapimi; and the Co- manches, Apaches, and others of the south, from long experience, have learned that the Mexicans are much kinder neighbours than the United States or Texas. It may be questioned how far, in 1837, these Indian chiefs would have assured General Houston of their friendly disposition to the new rulers of Texas, had he not very adroitly contrived to make the representative of British majesty appear a party to the arrangement. At the present moment, the enormities committed by the Texans have obliterated every vestige of kindness, and a war of extermination goes silently on.
APPENDIX.
DECLARATION
OF THE PEOPLE OF TEXAS, AND PROVISIONAL GO- VERNMENT, PROCLAIMED AND ADOPTED IN GENERAL . CONVENTION, HELD AT SAN FELIPE DE AUSTIN, NO- VEMBER 3, 1$35.
DECLARATION OF THE PEOPLE OF TEXAS IN GENERAL CONVENTION ASSEMBLED.
Whereas General Antonio Lopez de Santa Anna and other mili- tary chieftains, have, by force of arms, overthrown the federal institutions of Mexico, and dissolved the social compact which existed between Texas and the other members of the Mexican confederacy ; now the good people of Texas, availing them- selves of their natural rights, solemnly declare ---
Ist. That they have taken up arms in defence of their rights and liberties, which were threatened by the encroachments of inilitary despots, and in defence of the republican principles of the federal constitution of Mexico, of 1824.
2nd. That Texas is no longer, morally or civilly, bound by the compact of union; yet, stimulated by the generosity and sympathy common to a free people, they offer their support and assistance to such of the members of the Mexican confederacy as will take up arms against military despotism.
3rd. That they do not acknowledge that the present authori- ties of the nominal Mexican republic have the right to govern within the limits of Texas.
4th. That they will not cease to carry on war against the said authorities, whilst their troops are within the limits of Texas.
5th. That they hold it to be their right during the disor- ganization of the federal system, and the reign of despotism, to withdraw from the Union, to establish an independent govern- ment, or to adopt such measures as they may deem best caleu- lited to protect their rights and liberties ; but that they will
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APPENDIX.
continue faithful to the Mexican government so long as that nation is governed by the constitution and laws that were formed for the government of the political association.
6th. That Texas is responsible for the expenses of her armies now in the field.
7th. That the public faith of Texas is pledged for the payment of any debts contracted by her agents.
Sth. That she will reward by donations in land all who volunteer their services in her present struggle, and receive them as citizens.
These declarations we solemnly avow to the world, and call God to witness their truth and sincerity ; and invoke defeat and disgrace upon our heads, should we prove guilty of duplicity.
PLAN AND POWERS OF THE PROVISIONAL GOVERNMENT OF TEXAS.
ARTICLE 1. That there shall be, and there is hereby created, a provisional government for Texas, which shall consist of a governor, a lieutenant-governor, and a general council, to be elected from this body, one member from each municipality, by the majority of each separate delegation present ; and the governor and lieu- tenant-governor shall be elected by this body.
ART. 2. The lieutenant-governor shall be president of the council, and perform the duties of governor in case of death, absence, or from other inability of the governor, during which time a president, pro tem., shall be appointed to perform the duties of the lieutenant-governor in council.
ART. 3. The duties of the general council shall be to devise ways and means, to advise and assist the governor in the dis- charge of his functions ; they shall pass no laws except such as, in their opinion, the emergency of the country requires -- ever Keeping in view the army in the field, and the means necessary for its comfort and support ; they shall pursue the most effective and energetic measures to rid the country of her enemies, and place her in the best possible state of defence. Two-thirds of the members elect of the general council shall form a quorum to do business ; and, in order that no vacancy shall happen in the council, if any member, from death or other casualty, shall be incapacitated to act, the governor shall immediately, on informa- tion thereof, notify the member elected to fill the place ; and on his default, any member who has been elected to this body from the same jurisdiction.
The governor and council shall be authorized to contract for loans, not to exceed one million of dollars, and to hypotheeate the public lands, and pledge the faith of the country for the se-
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APPENDIX.
curity of the payment ; that they have power to impose and re- gulate import and tonnage duties, and provide for their collection under such regulations as may be most expedient. They shall have power, and it is hereby made the duty of the governor and council, to treat with the several tribes of Indians concerning their land claims, and if possible, to secure their friendship.
They shall establish post-offices and post-roads, and regulate the rates of postage, and appoint a postmaster-general, who shall have competent power for conducting this department of the provisional government, under such rules and regulations as the governor and council may prescribe ; they shall have power to grant pardons, remit fines, and to hear and judge all cases usual in high courts of Admiralty, agrecably to the law of na- tions.
They shall have power to appoint their own secretary, and other officers of their own body ; also, they shall have the power to create and fill such offices as they may deem proper; pro- vided, nevertheless, that this power do not extend to officers heretofore rejected by this house.
That the governor and council have power to organize, reduce, or increase the regular forces, as they may deem the emergencies of the country require.
ART. 4. The governor for the time being, and during the existence of the provisional government, shall be clothed with full and ample executive powers, and shall be commander-in- chief of the army and navy, and of all the military forces of Texas, by sea and land; and he shall have full power by him- self, by and with the consent of the council, and by his proper commander or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy; and for the special defence and safety of the country, to assemble in martial array and put in worlike attitude the inhabitants thereof; and to lead and conduct them by his proper officers, and with them to encounter, repel, resist, and pursue by force of arms, as well by sea and by land, within or without the limits of Texas ; and also to destroy, if necessary, and conquer by all proper means and enterprises whatsoever, all and every such person or persons as shall, at any time, in a hostile manner, attempt or enterprise the destruction of our liberties, or the invasion, detriment, or annoyance of the country ; and by his proper officers, use and exercise over the army and navy, and the militia in actual ser- vice, the law martial in time of war, invasion, or rebellion ; and to take and surprise, by all honourable ways and means con- sistent with the law of nations, all and every such person or persons, with their ships, arms, ammunition, and goods, as shall, in a hostile manner, invade, or attempt the invading or annoying our adopted country ; and that the governor be clothed with all
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these and all other powers which may be thought necessary by the permanent council, calculated to aid and protect the country from her enemies,
ART. 5. There shall be constituted a provisional judiciary in each jurisdiction represented, or which may hereafter be repre- sented in this house, to consist of two judges, a first and second, the latter to act only in the absence or inability of the first, and be nominated by the council and commissioned by the go- vernor.
ART. 6. Every judge, so nominated and commissioned, shall have jurisdiction over all crimes and misdemeanors recognized and known to the common law of England ; he shall have power to grant writs of " habeas corpus " in all cases known and practised to and under the same laws; he shall have power to grant writs of sequestration, attachment, or arrest, in all cases established by the " Civil Code" and " Code of Practice " of the State of Louisiana, to be regulated by the forms thereof; shall possess full testamentary powers in all cases ; and shall also be made a court of records for conveyances which may be made in English, and not on stamped paper ; and that the use of stamped paper be, in all cases, dispensed with ; and shall be the "notary publie " for the respective municipalitics. All office fees shall be regulated by the governor and council. All other civil proceed- ings at law shall be suspended until the governor and general council shall otherwise direct. Each municipality shall con- tinue to elect a sheriff, alcalde, and other officers of Ayunta- mientos.
ART. 7. All trials shall be by jury, and in criminal cases the proceedings shall be regulated and conducted upon the principles of the common law of England ; and the penalties prescribed by said law, in case of conviction, shall be inflicted, unless the offender shall be pardoned, or fine remitted ; for which purpose a reasonable time shall be allowed to every convict to make ap- plication to the governor and council.
Agr. S. The officers of the provisional goverment, except such as are elected by this house or the people, shall beappointed by the general council, and all officers shall be commissioned by the governor.
ART. 9. All commissions to offices shall be, "in the name of the people, free and sovereign," and signed by the governor and secretary ; and all pardons and remissions of fines granted, shall be assigned in the same manner.
ART. 10 .- Every officer and member of the provisional govern- ment, before entering upon the duties of his office, shall take and subscribe the following oath of office : " I, A. B., do solemnly swear (or affirm) that I will support the republican principles of the constitution of Mexico of 1824, and obey the declarations
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and ordinances of the consultation of the chosen delegates of all Texas in general convention assembled, and the ordinances and decrees of the provisional government ; and I will faithfully per- form and execute the duties of my office agreeably to law, and to the best of my abilities, so help me God."
ART. 11 .- On charges and specifications being made against any officer of the provisional government for malfeasance or mis- conduct in office, and presented to the governor and council, a fair and impartial trial shall be granted, to be conducted before the general council; and if, in the opinion of two-thirds of the members, cause sufficient be shown, he shall be dismissed from office by the governor.
ART. 12 .- The governor and council shall organize and enter upon their duties immediately after the adjournment of this House, and hold their sessions at such times and places as, in their opinion, will give the most energy and effect to the objects of the people, and to the performance of the duties assigned to them.
ART. 13 .- The general council shall appoint a treasurer, whose duties shall be clearly defined by them, and who shall give ap- proved security for their faithful performance.
ART. 14 .- That all land commissioners, empresarios, sur- veyors, or persons in anywise concerned in the location of land, be ordered forthwith to cease their operations during the agitated and unsettled state of the country, and continue to desist from further locations until the land offices can be properly systema- tized by the competent authorities which may be hereafter esta- blished ; that fit and suitable persons be appointed to take charge of all the archives belonging to the different land offices, and deposit the same in safe places, secure from the ravages of fire or devastations of enemies; and that the persons so appointed be fully authorized to carry the same into effect, and be required to take and sign triplicate schedules of all the books, papers, and documents found in the several land offices, one of which shall be given to the governor and council, one left in the hands of the officers of the land office, the other to be retained by the said persons ; and they are enjoined to hold the said papers and docu- ments in safe custody, subject only to the orders of the provi- sional government. or some such competent authority as may hereafter be created. And the said persons shall be three from cach department as commissioners to be forthwith appointed by this house, to carry this resolution into full effect, and report thereof to the governor and council. That the political chiefs immediately cease their functions. The different archives of the different primary judges, alcaldes, and other municipal officers of the various jurisdictions shall be handed over to their successors in
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office, immediately after their election and appointment ; and the archives of their several political chiefs of Nacogdoches, Brazos, and Bexar shall be transmitted forthwith to the governor and council, for their disposition.
ART. 15 .- All persons now in Texas, and performing the duties of citizens, who have not acquired their quantum of land, shall be entitled to the benefit of the laws on colonization under which they emigrated ; and all persons who may emigrate to Texas during her conflict for constitutional liberty, and perform the duties of citizens, shall also receive the benefit of the law under which they emigrated.
ART. 16 .- The governor and council shall continue to exist as a provisional government until the re-assembling of this consul- tation, or until other delegates are elected by the people, and another government established.
ART. 17 .-. This convention, when it may think proper to ad- jouru, may stand adjourned, to meet at the town of Washington on the first day of March next, unless sooner called by the exe- cutive and council.
ART. 18 .- All grants, sales, and conveyances of lands, ille- gally or fraudulently made by the legislature of the state of Coahuila and Texas, located, or to be located, within the limits of Texas, are hereby solemnly declared null, void, and of no effect.
ART. 19 .-- All persons who leave the country in its present crisis, with a view to avoid a participation in its present struggle, without permission from the alcalde or judge of their munici- pality, shall forfeit all or any lands they may hold, or may have claim to, for the benefit of this government : Provided, neverthe- less, that widows and mitors are not included in this provision.
ART. 20 .-- All moneys now due, or that may hereafter become due, on lands lying within the limits of Texas, and all public funds or revenues, shall be at the disposal of the governor and general council, and the receipt of the treasurer shall be a suffi- cient voucher for any and all persons who may pay moneys into the treasury ; and the governor and council shall have power to adopt a system of revenue to meet the exigencies of the country.
ART. 21 .- Ample powers and authority shall be delegated, and are hereby given and delegated, to the governor and general council of the provisional government of all Texas, to carry into full effect the provisions and resolutions adopted by "the consultation of the chosen delegates of all Texas in general convention assembled," for the creation, esta- blishment, and regulation of said provisional government.
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OF THE MILITARY.
ARTICLE 1 .- There shall be a regular army created for the pro- tection of Texas during the present war.
ART. 2 .- The regular army of Texas shall consist of one major-general, who shall be commander-in-chief of all the forces called into public service during the war.
ART. 3 .- The commander-in-chief of the regular army of Texas shall be appointed by the convention, and commissioned by the governor.
ART. 4 .- He shall be subject to the orders of the governor and council.
ART. 5 .- His staff shall consist of one adjutant-general, one inspector-general, one quartermaster-general, one paymaster- general, one surgeon-general, and four aids-de-camp with their respective ranks, as in the United States army in time of war, to be appointed by the major-general and commissioned by the governor.
ART. 6 .-- The regular army of Texas shall consist. of men enlisted for two years, and volunteers for and during the contiu- ance of the war.
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