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 5
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37
40
REBELLIOUS STATE OF THE COUNTRY.
the national assembly, a new cause of complaint, and so laid the foundation of fresh disturbances ; for many who were elected, during the general confusion into which the country was thrown, so soon after the struggle for independence, saw a prospect of their places in congress being filled by others, who possessed more local influence ; while the latter had their most sanguine hopes blasted by the re-establishment of the imperial junta ; and thus all parties were anxious for a total change in the form of government.
Texas, although in her earliest infancy as a colony at this time, had political scouts and in- triguers in the capital, who kept a vigilant eye on passing events, while they were treated with great courtesy by the imperial government, whose avow- ed enemies they were known to be, even by the emperor, against whom they soon found means to enter into combination with the New York Masonic Society, established at Vera Cruz, which began to insinuate itself into the public affairs of Mexico about this period.
In November the entire country was in a state of open rebellion. Guadalupe Victoria returned from his hiding-place, and hastened to join Santa Anna, who immediately gave up the command of the republican army into his hands.
The Texans took a part in this struggle, under General Long, and marched to join the republican forces in the north ; but being too few in number
41
NATIONAL COLONISATION LAW.
to form a distinct corps, they were incorporated in the Mexican army, and as if to demonstrate the truth of their boasted superiority over their " priest- ridden Mexican" comrades, they deliberately assas- sinated their general (Long), who was the president of the supreme council of Texas, while in the dis- charge of his military duty.
Victoria and Santa Anna having now laid the foundation of republicanism in Mexico, openly took the field about the middle of December, against the Imperialists, who were concentrating their strength under Echavari, at Xalapa.
The junta of forty-five, who with Iturbide at their head, was still sitting in the capital, being harassed by the importunities of the Texan agents, reluct- antly, or rather blindly passed a national colonisa- tion law # on the 4th of January, 1823, the bene- fits of which were extended to Texas by a decree of the emperor's, dated the 18th of February fol- lowing.
While the imperial government. was thus en- gaged, the republicans under Victoria and Santa Anna, accompanied by a few Texans, were making rapid strides towards Xalapa, and as rapidly were the flames of this insurrection spreading throughout the country, which Echavari no sooner perceived than he faithfully represented to the emperor his inability to check its progress, and therefore ear-
* See Appendix.
42
ABDICATION OF ITURBIDE.
nestly recommended Iturbide to evade the im- pending danger by submitting to the voice of the people.
Having thus nobly discharged his duty to the emperor, Echavari proceeded to negotiate with the leaders of the republican army, with the view of accommodating matters between the two great parties (the Imperialists and Republicans), into which all the petty factions had now resolved them- selves. After some little time spent in these nego- tiations, Victoria and Santa Anna entered Xalapa, followed by Generals Guerrero and Bravo. This event gave such general satisfaction to the country, and was received with such universal rejoicings, that Iturbide at once saw the truth of Echavari's remarks, and the propriety of accommodating him- self to the suggestions of his prudent counsellor.
Though it may with some truth be said that Iturbide was too ambitious to be honest, yet he was not too arrogant to receive, nor so self-willed as to refuse to act up to the suggestions of those whom he had called to the council of the state to aid him with their advice ; he therefore summoned his minis- ters together, and after laying before them a correct view of his position, he stated his wish to relinquish his claims to the throne, which he did in a letter addressed to the junta, dated March 19th, 1823. This letter was written in a spirited and masterly style, returning all the dignities, honours, and titles, to the troubled source from which they had been
43
REPUBLICAN GOVERNMENT ESTABLISHED.
so recently taken ; and thus the gaudy pillars of the mighty temple of renown which Iturbide had designed for himself, were seen to quake and fall to the ground.
The congress was astounded at the receipt of the emperor's abdication, and would fain have com- promised with him, so as to have prevented his departure from the capital; and the re-assembled national congress raised a question as to Iturbide's right to abdicate the throne; but this question was mooted and discussed merely to see whether the congress had the power to receive the em- peror's abdication or not. Their apprehensions were no sooner removed, and all doubts resolved on that head, than they accepted the empe- ror's abdication, and voted him a yearly income of 25,000 dollars for his former services and their de- liverance from a dilemma in which they felt so seriously embarrassed, and with the most profound respect they allowed him to retire to Tulancingo, where he remained until the 11th of May, when General Bravo was sent by the republican govern- ment to escort Iturbide to Antigua, at which place he embarked with his suite for Leghorn.
Victoria, at the head of the republicans, entered the capital on the 27th of March, 1823, when the imperial junta was unceremoniously dissolved, and a temporary government, by a supreme executive of three members, established. Generals Bravo, Victoria, and Negrete, were the members of this
44
SOVEREIGN REPUBLICAN CONGRESS.
executive. Amidst the universal uproar and con- fusion, Iturbide, who withdrew as quietly as pos- sible, was not thought of, until some thousands of proclamations and decrees appeared on the walls of the city, bearing signatures quite unknown to the majority of its inhabitants. Many lamented Iturbide's departure, while all joined in a rigid inquiry as to the form of government about to be established, which was promptly answered by the promulgation of a plan of a federal republican con- stitution.
This constitution was at first held to be perfect in all its parts, and was adopted by the nation as such. But, contrary to the most sanguine expec- tations of its framers, it had to undergo some few modifications ; by some it was thought to be tainted with centralism, while others contended that it ought even to be more democratic, and yet central. The government, anxious to keep all parties quiet, did not oppose the alterations, which were discussed by a constituent congress, and the bases of the con- stitution were finally approved and sworn to on the 2nd of February, 1821.
The constitution being purely democratic and federal, and prepared to meet the views of the most fastidious factionists, was far, however, from being the harbinger of tranquillity.
The supreme legislative power being assumed by the general congress of the nation, it proceeded, as a constituent body, to settle the various points
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45
TERRITORIAL DIVISION.
of the constitution, of which the bases were already agreed to, and thereby to consolidate the political independence of Mexico, confirm and maintain the civil and religious rights of the people, and to pro- mote the welfare of the nation generally. The limits of the republic were declared to embrace all those provinces which, although forming part of the vice- royalty of New Spain, had in some measure separate administrations, such as Yucatan, the east and west internal provinces, Lower and Upper California, with the adjacent lands in both.
The Mexican nation was again declared for ever free and independent of the mother country. The limits of the republic were carried beyond what was known as the vice-royalty of New Spain, to the provinces of Tucatan, the internal provinces of East and West, Lower and Upper California, with the lands annexed, and adjacent lands, in both 502S.
The Roman Catholic Apostolic religion was per- petuated and established for ever, as the universal religion of the people; and the exercise of all others was peremptorily prohibited within the limits of the republic.
The form of government popular, representa- tive, and federal republican; and the territory of the republic was divided into states, to form the confederation, as follows :---
The state of Chiapas, Chihuahua, Coahuila, and Texas, Durango, Guanaguato, Mexico, Mechoacan,
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46
LEGISLATIVE QUALIFICATION.
New Leon, Oaxaca, Puebla de los Angeles, Quere- taro, San Luis Potosi, Sonora and Sinaloa, Tabasco, Tamaulipas, Vera Cruz, Jalisco, Yucatan, and Za- catecas. Upper and Lower California, Colima and New Mexico, were declared territories, and the cha- racter of the province of Tlaxcala was left to be de- fined by subsequent enactment. The legislative power was vested in a general congress, consist- ing of senators and representatives elected by the states. The qualification of electors, and the rules and regulations to be observed at all elections, were left to the states, while the population formed the constitutional basis of the elective franchise of a state. For every 80,000 souls, two representatives ; for a fraction under or above 40,000, one. To be a representative, it was necessary to be twenty-five years of age, to have been a resident for at least two years in the state for which elected, to possess a real estate worth $000 dollars, or some occupation that produced 1000 dollars per annum. If not a Mexican by birth, in addition to this qualification, the military not born in the republic, but who established and maintained the independence of the country, were peremptorily required to reside eight years within the republic before they could be elected as a representative.
The senate, which was the second branch of the supreme legislature, was also elective. The legis- lature of the states was allowed, individually, to elect two senators, who retained their seats for two
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47
FUNCTIONS OF THE EXECUTIVE.
years, when one half retired, to be renewed by a fresh election. The states' legislatures were, collec- tively and individually, responsible to the supreme executive power and the general congress, for the maintenance of the constitutional rights of the citizen, for the administration of justice, and the collection of the public revenue, according to the strict letter of the constitution, which prohibited the legislature of the states from entering into alli- ances with foreign powers, or raising or collecting imposts, or in exacting a revenue, except such as should be established under the constitution, or sanc- tioned by the general congress, which reserved to itself the entire control of the public revenue, and the supreme executive; which was, however, osten- sibly vested in the president of the republic, who held his appointment for four years, and was not eligible to be re-elected until the expiration of four years from his retiring from the presidential chair. The president was allowed a vice-president to aid him in the discharge of the duties of his office ; and a council, consisting of one half of the senate. This body was styled the council of go- vernment, to which the president referred all cases of extreme difficulty or importance, such as the proceedings of ecclesiastical councils, pontifical bulls, briefs, rescripts, &c. &c.
The council of government could at any moment call out the militia, assemble congress, and in certain cases take into its own hands the supreme
ـعيد
48
JUDICIARY DISTRICTS.
executive power. The president could not com- mand the army or navy in person without the spe- cial leave of the general congress.
The judicial power of the republic was vested in one supreme circuit and district courts: The su- preme court was composed of eleven members, elected by the general congress, and were divided into three halls, so as to discharge the duties of the supreme, and at the same time to preside over the circuit and district courts.
The first only took cognizance of public or state affairs. The circuit court was presided over by a judge and state solicitors, who were appointed by the president, and took cognizance of all admiralty cases, such as mutiny, piracy, contraband, cases of consuls, crimes, misdemeanors, and such civil cases as the government were interested in, to the amount of 500 dollars.
The republic was divided into judiciary districts, each of which had a presiding judge, and took cog- nizance, without appeal, of civil cases in which the confederation was interested, in a sum not exceeding 500 dollars. In addition to having original jurisdic- tion, which they had in all cases in which the cir- cuit court had appellate jurisdiction, they had also the following general rules or laws laid down to them by the constitutional act. The sentence of infamy could not be extended beyond the criminal who merited it, according to law. The confiscation of estates was for ever prohibited, as also were judg-
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49
SANTA ANNA PROCLAIMED PROTECTOR.
ments by commission and retrospective laws. No one could be imprisoned, unless there were reason- able grounds for supposing him criminal, nor de- tained in prison more than seventy hours on sus- picion.
The government of every state was left to itself, subject merely to the constitution of the republic ; therefore each state had its legislative body, that formed and published its own laws and decrees, without being responsible to any other body, so long as such laws were not repugnant to the con- stitution, or opposed to those of the sovereign congress. Hence, the remotest districts of the country could enjoy the greatest political indul- gence, and a wide field was opened for that talent and energy of character which had been too long employed in working up the people to rebellion. But the Mexicans were not prepared to receive or put in motion such a ponderous mass of compli- cated state machinery.
This constitution, however, was taken from Santa Anna's, who left the army soon after it entered Xalapa, and retired to his country seat at Vera Cruz, in order to be ready to step into the presidential chair, but was astonished to find that the constituent general congress had not even reserved a seat for him in the executive. This his proud spirit could not brook: he therefore hastened to the capital, where he found General Lobato busy in concocting a rebellion, which, however, was prevented by the
E
50
ESTABLISHMENT OF THE CENTRAL SYSTEM.
timely intervention of the British commission then sitting in the city of Mexico. The object of this proposed outbreak was never known; yet the mere whisper of its existence caused much un- easiness, and threw the republicans in the capital into great consternation, and the government dreaded an attempt to restore Iturbide, who was still in Mexico. A large military force was, there- fore, ordered into the city, and Santa Anna and Labato were obliged to yield to the force of the government, and the able remonstrance of the British commissioners.
The plan of the constitution already described, whilst under discussion in the congress, was at first hailed by the majority of the people with great joy: but this had scarcely subsided when it was con- sidered by some as carrying the federal system too far ; by others, as centralising too much power in the capital ; and by the Iturbidists and Bourbonists as destructive of their respective views and interests. It therefore underwent many modifications, not a little accelerated by revolutionary movements, oc- casionally got up in the provinces, at Guadulaxara, San Luis Potosi, Paxaca, Apan, &c., during the latter part of 1823, and first months of 1824. The random doings of these demagogues disgusted those who were endowed with more human un- derstanding.
Echavari, commanding at Puebla, and Hernandez de Leon in Paxaca, indignant at these proceedings,
1
1
51
RE-APPEARANCE OF ITURBIDE IN MEXICO.
placed themselves at the head of their respective troops with the design of repressing the men who were abusing the confidence of the people, and of maintaining the institutions which the public voice had called into existence.
Echavari contended that it was the duty of the then existing government to allay the thirst of the people by the wisdom of their counsels, by a be- coming steadiness of purpose, rather than promote the views of those revolutionists, alike strangers to patriotism and good order, by a tame submission to their unjust demands ; yet he was opposed to the shedding of blood. Therefore he resolved to exert himself to accommodate matters between the govern- ment and his followers, by whom he knew he was much esteemed, and whose confidence he enjoyed, rather than to lead them to a sanguinary conflict ; but this humanity of Echavari was not approved by many of his partisans.
General Lobato was the first to separate himself from Echavari, and openly called on the govern- ment for the immediate dismissal of all Spaniards from office. In the mean time the latter had com- promised with Guerrero, who was sent to oppose him. Echavari's troops having followed his advice, Lobato was left without support in the capital, where he had ineffectually endeavoured by a mili- tary insurrection to intimidate the congress.
In the month of July, 1824, Iturbide, who was supposed to be at Leghorn, landed at Soto-la- F. 2
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8
52
EXECUTION OF ITURBIDE.
Marina, and marched to join his partisans. The military commander of the province hearing of his arrival, despatched some squadrons of cavalry to seize him, which they effected at the little village of Paraje de los Arroyo, a short distance in the in- terior. From this place he was immediately car- ried to the town of Padilla, and having been summarily identified before a military commission, was shot on the 19th of this month, in execution of a decree of outlawry of the general congress, passed some time before, in apprehension of his making an attempt to regain the throne.
The execution of Iturbide was prefaced by a most remarkable coincidence. On the day of his re-appearance in Mexico, the second republican congress, actuated by the purest feelings of freedom and humanity, adhered with unbending firmness to the letter of their political creed, and, to their honour be it said, passed au act prohibiting all trade and traffic in African blood ; and while this is admitted, let it never be forgotten that Mexico was the first country that dashed to the earth the galling chains of the cruellest bondage, which is still re- served in other republican countries for the helpless African, who is a stranger in every land. This spontaneous act of humanity was hailed with re- joicing even by those who were reduced almost to beggary by the emancipation of the slaves.
But the honest and proud Hispano-Mexicans pre- ferred the miseries of poverty to the reproaches of
1
53
RECOGNITION OF MEXICO BY ENGLAND.
conscience, and were too sensitive to brook the sneers of their enlightened foreign relations, who would have styled, and with truth, all their repub- lican institutions as paradoxical and absurd, so long as the word slavery was to be found on the title page of their constitution as a free people.
The abolition of slavery by Mexico was seized by the British government, seeing the honour that would redound to that nation in after ages, as one of the best titles to independence, and to the extension with her of the most friendly political and commercial relations. In effect, the indepen- dence of Mexico was formally recognised by the treaty of amity and commerce with England in 1625 .*
The Mexicans having obtained the recognition of their independence by England, soon found the means of effacing the last remains of Spanish power in Mexico; and energetic measures were taken by the illustrious Victoria (president of the Mexican republic, and champion of abolition,) to improve the condition of the internal provinces of the republic, and with this view a national colonisation lawt was passed by the Mexican Congress, March 21, 1825.
Many Americans from the United States availed themselves of this law to settle in Texas. Bred in a country which is the hot-bed of slavery, and where
* Sce Letter to Viscount Pahnerston in Appendix.
+ See Appendix.
$
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54
ABOLITION OF SLAVERY BY MEXICO.
they were taught to live by the sweat from the brow of their fellow-creatures, rather than apply themselves to any industrious pursuit to get their daily bread, they (the Anglo-Americans) were not above having recourse to base stratagem to perpetuate the horrors of slavery, and so pollute the institutions of a free people by their presence. During the period that elapsed between the passing of the act by congress, and the promulgation of the decree by the president for the abolition of slavery, the Anglo-Americans previously settled in Texas, had time to get their slaves bound to them as apprentices for the term of ninety-nine years, which they did, and thus the law was evaded by all new comers. The news of the abolition of slavery by Mexico soon spread far and wide over the United States of America. By the northern states of the Union it was well received, while the slave-holding states of the south viewed it with serious appre- hension, and agents were immediately sent from New Orleans to Mexico to revolutionise the country, and thus produce bloodshed and fresh scenes of horror, which were to be attributed to the emanci- pation of the slaves.
.
These agents, amounting to three or four hun- dred, with Mr, Poinsett,# the representative of the United States, at their head, formed themselves into a society of a masonic order, and as such they
+ Himself a Virginian slave-holder.
55
THE FREDONIAN SCHEME.
commenced their work by attacking in a violent manner, through the press, the Escoceres, or Scotch lodge of masons, in which, however, be it known, there never was any British subject. The Escoceres were opposed to slavery, and unremitting in their exertions to get the decree for its abolition promulgated, in which they no sooner succeeded than they abandoned the field to their opponents of the New York lodges, of which several North Americans and some French and Italian adventurers were very active members.
From the fall of San Antonio in 1813, Texas remained but little disturbed until the spring of 1827, when an attempt was made by a handful of des- perate characters from the United States, to esta- blish Texas as an independent republic, under the name of Fredonia. But the Anglo-American colo- nists who entered Texas with Austin, and who were at this period most busily employed in cultivating their newly-acquired domains, refused to engage in this rebellious scheme, and, failing to gain the co- operation of the native Indians, the Fredonian government was soon dissolved, and the rebels killed or dispersed by the Mexicans.
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The principal objection of the Fredonians to the Mexican government, says Mrs. Holley, was, that " it prohibited slavery within its territory." And in- deed she might have added, that it was the only real objection the Texans could by any possibility bring at any subsequent period against the government of
56
SPANISH INVASION OF MEXICO.
Mexico to justify their conduct towards the Mexi- cans, who were in truth their generous benefactors. Although the Fredonian scheme failed, yet it sug- gested to others the idea of attempting similar un- dertakings, and from this period the Anglo- American colonists, who amounted to about S,000 souls, seized every opportunity of opposing the federal government of Mexico, by whom they were at all times treated with the most profound consideration, and to whom, as I have before stated, the Texans owed an indubitable debt of gratitude. However, their opposition to the federal government at last became so intolerable, that the Mexican authorities sent a large body of troops into Texas, and thus order would in all probability have been maintained but for the revolution which was then raging in Mexico.
Guerrero, in the spring of 1829, was elected president, in consequence of the revolution in the capital of the previous December having obliged the congress to declare the election of his rival Pedraza, to be null and void. Anastasio Bustamante was at the same time elected vice-president, and Santa Anna at last reached the favour of government, by being appointed minister of war. This go- vernment had not been long installed before it received information of the arrival of an expedition from the Island of Cuba, consisting of 4,000 roy- alist troops, sent by Spain to reconquer the republic of Mexico.
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57
AMBITIOUS VIEWS OF GUERRERO.
On the 29th of July the Spanish troops landed near Tampico, without loss of time, where their general, Barrabas, established his head-quarters. Santa Anna was immediately appointed com- mander-in-chief of the Mexican army, and sailed from Vera Cruz at the head of 1,000 men, to attack the Spaniards, whom he compelled to surrender as prisoners of war on the 10th of September, less than two months after they landed. The Spanish government was induced to make this vain attempt to reconquer Mexico, by the misrepresentations of the pro-slavery Anglo-Ameri- cans, and their partisans the Spanish authorities at Cuba. This event, like the Fredonian affair, gave rise to fresh troubles in Mexico, by causing a diversion in favour of the ambitious views of the newly-elected president, Guerrero, who scarcely waited to see Santa Anna's luck turned before he began to arrogate to himself the sole dictatorship of the republic, and by the grossest intimidation he subsequently succeeded in getting the congress publicly to invest him with all the powers of a dic- tator. The functions of this office he was, how- ever, soon after applied to by Bustamante, the vice-president, to relinquish. This, Guerrero re- fused in the most unqualified terms ; Bustamante, therefore, who viewed Guerrero's abuse of the executive power with indignation, placed himself at the head of a small body of troops, and marched into the capital, where he was joined by a sufficient
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