< t)iia, <,^",1 €mm\l Uttivmitg 1 |ilrt;ai|-"- :•;■••••■-•: -- ' ■ 4..S:0 7.4 7 CORNELL UNIVERSITY LIBRARY 3 1924 092 213 35 B Cornell University S Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://archive.org/details/cu31924092213135 THE WOEKS HUBEET HOWE BANCROFT THE WORKS HUBERT HOWE BANCHOFT VOLUME XVI HISTORY OF THE NOKTH MEXICAN" STATES AND TEXAS Vol. n 1801—1889 SAN FRANCISCO THE HISTORY COMPANY, PUBLISHERS 1889 ^■' Entered accoraing to Act of Congress in the year 1889, by HUBERT H. BANCROFT, In the Office of the Librarian of Congress, at Washington. AU Rights Reserved, CONTENTS OF THIS VOLUME. CHAPTEK L TEXAS CLAIMED BY THE UNITED STATES 1800-1810. PAGE Internal Condition of Texas — Society at San Antonia de Bejar — Colonel Pike — The Provincial Government — Nolan's Inroad — Hia Defeat and Death — Gambling for Life — Bean's Biography — Sale of Louisiana to the United States — The Boundary Dispute — Preten- sions of the United States — Preparations for Hostilities — The Span- ish Troops Cross the Sabine — General Wilkinson Takes the Field — The Spanish Retire — Wilkinson Marches to the Sabine — A Blood- less Campaign — The Neutral Ground Convention — Improved Condi- tion of Texas — Desperadoes Occupy the Neutral Ground — Their Organization 1 CHAPTER II. INVASION or TEXAS BY AMEEICANS. 1811-1814. Revolution in Favor of Independence — Zambrano's Counter-revolution — Reestablishment of the Eoyalist Government— Bernardo Gutier- rez — Magee's Scheme of Conquest — The Americans Occupy Nacog- doches — La Bahia Falls into their Hands — Governor Salcedo Besieges La Bahia — Death of Magee— The Battle of Rosillo — Defeat of the Spanish Army —Surrender of San Antonio — A Repub- lican Government Organized — Massacre of Saloedo and Other Pris- oners — Disgust of the Americans — Defeat of Royalists under Elizondo — Toledo Takes Command of the Republican Army^ Approach of Arredondo — Battle of the Medina — Destruction of the Americans — Elizondo 's Executions— Pacification of the Province. , . 17 (V) vi CONTENTS. CHAPTER III. PEIVATEEEIIfO, PIBACT, AND INVASIONS. 1815-1821. PAGB The Asylum of Mexican Refugees — Herrera's Privateering Scheme — A Republican Government Established at Galveston — Havoc Inflicted on Spanish Commerce — Arrival of Mina — Aury and Perry — The Descent on Soto la Marina — Parry's March to Te.ras — Destruction of his Band — Aury at Matagorda Bay — He Leaves Texas for Florida — The Pirate of the Gulf and the Barratarians — Galveston Occupied by Lafitte — A Spurious Government — Piratical Depredations — Lafitte Expelled from Galveston — His Biography — Lallemand's Champ d'Asile — Settlement of the Boundary Question — Long's Inva- vasion — Texas Declared a Republic — Destruction of the Expe- dition 33 CHAPTER IV. COLONIZATION AND THE EMPRESAEIO STSTEM. 1819-1831. Spain Relaxes her Exclusive Policy — Biography of Moses Austin — His Colonization Scheme — He Petitions for a Land Grant in Texas — His Sufferings and Death — Internal Affairs of Mexico — Beginning of Austin's Colony — Difficulties, Dangers, and Losses — Stephen Austin in the City of Mexico — Delay and Anxiety — Final Success of his Petition — Discretionary Powers Granted Austin — Progress of the Colony — Austin's Government — Greedy and Discontented Settlers — • Erroneous Idea about Immigrant Criminals — Scattered Settlements — A New Contract — The Empresario System — Colonization Law of Coahuila and Texas — Influx of Immigrants — Empresario Enter- prises — Their Partial Success — Progress of Texas 54 CHAPTER V. THE STATE OE COAHTTILA AND TEXAS. 1800-1839. Despotism in Coahuila — Internal Government — Resources and Condition of the Province — Character of the People — Coahuila during the War of Independence — Formation of the State of Coahuila and Texas — Organization of a Government — The State Constitution — Election Laws — First Constitutional Congress — Viesca Elected. CONTENTS, vii FAGIS Governor — Poverty of the Treasury — Commercial Intruders — Offers of the United States to Purchase Texas — The Slave Question in Texas — The Colonists Angry — Condition of the Mexican Peon — The Emancipation Law — Exception in Favor of Texas — Persecution of Spaniards — Subserviency of the State to the National Government — Administration of Justice — Education and Religion — Monopoly Privileges Granted to Colonists 77 CHAPTER VI. MEXICAN OPPRESSION AND TEXAN REVOITS. 1826-1832. Hayden Edwards' Grant — His Difl5culties and Want of Policy — Mexi- cans versus Colonists — Annulment of Edwards' Contract — John Dunn Hunter — Discontent of the Cherokees — The Fredonian Revolt — Covenant with Indian Tribes — Delusive Hopes — Red Men's Per- fidy — Murder of Hunter and Fields —Failure of the Revolt — Prog- ress and Condition of the Colonies — Mexico's Fears of Losing Texas — Alaman's Propositions — Law of April 6, 1830 — Military Despotism — Establishment of Custom-houses — Ports of Texas Closed — Demon- strations of the Colonists — Bradburn's Outrages — Hostilities at And- huac — The Turtle Bayou Resolutions —Capture of Fort Velasco — Mutiny at Anahuac and Flight of Bradburn — Resolutions of the Ayuntamientos — Nacogdoches Evacuated — Tranquillity Restored in Texas 98 CHAPTER Vn. PEOPOSED SEPARATION OF TEXAS mOM COAHTTrLA. 1832-1835. Arguments in favor of Separation — The Texan Convention — A Seces- sioual Constitution — Political Affairs in the Mexican Capital — Santa Anna's Craftness — Austin Presents a Memorial to the Federal Gov- ernment — Its Reception — Austin Injudicious — His Arrest for Trea- son — Dragged from Court to Court — His Letter to the Texans — Maillard's Book — Santa Anna Dictator — Affairs in CoahuilEi — Texas Receives Redress — Saltillo versus Monclova — Adjustment of Differ- ences — Santa Anna's Decision on the Texan Petition — Almonte's Report — Population of Texas — Fraudulent Sales of Public Lands — Separatists and Anti-separatists •. 130 viii CONTENTS. CHAPTER VIII. EVENTS LEADING TO THE EEVOLT OE TEXAS. 1835. PAGE Coahuila and Texas Protests — The State Legislature Disbanded — Gov- ernor Viesca Arrested — Tenoria Ejected from Andhuac — Political Fencing — Zavala — Agitators from the United States — Public Meet- ings—Arrest of Zavala and Settlers Ordered — Affair of the Correo and San Felipe — Columbia's Call for a General Consultation — Aus- tin's Return — His Speech at Brazoria — Preparations for War — Gen- eral Cos Arrives at Bejar — A Disputed Cannon — The Affair of Gonzalez — Warlike Enthusiasm — A Permanent Council Established — Austin Takes the Field — Capture of Goliad — United States Sym- pathy^Land Frauds — The Consultation Assembles — Its Labors — Organization of a Provisional Government. , , ,,,,,,,,,,,, 152 CHAPTER IX. SIBQE AND CAPTURE OF SAN ANTONIO DE BEJAR. 1835. Battle of Concepoion — The Grass Fight — ^Protracted Siege — ^Dissatisfac- tion of the Volunteers — Burleson Succeeds Austin — Orders and Counter-orders — Milam's Call — ^Description of San Antonio — -The First Assault — Steady Advance of the Texans — ^Death of Milam — His Biography — Confusion at the Alamo — Cos Surrenders — Terms of Capitulation — The Volunteers Disband — Affiir at Lipantitlan — The Tampioo Tragedy — Discord in the Government — Financial Matters — Houston's Proclamation — Governor Smith and the Coun- cil — Grant's Scheme — ^Descent on Matamoros Meditated — Smith Suspended — ^The Effect of Discord , , .,,,.,, 175 CHAPTER X. THE ALAMO AND OOLIAD MASSACRES. January-March 1836. Apathy of the Texans — Santa Anna's Preparation and March — Descrip- tion of the ^lamo— David Crockett — The Siege — Storming of the Alamo — The Assault — Hand-to-hand Contests — Death of Bowie — A Holocaust — Victory Dearly Bought — Declaration of Independence — ^Names of the Subscribers — Labors of the Convention — A Provi- sional Government Organized — The Constitution — Fannin's Prepar- CONTENTS. ix PAas ations at Goliad — ^Destruction of Grant's Party — Urrea's Movements . — Capture of San Patricio — ^Fannin's Force — King's Party Shot — Assault on the Mission of Kefugio — Capture of Ward's Command — Houston at Gonzalez — Movements of the Mexican Forces — Fannin Retreats toward Victoria — A Fatal Delay — Battle of Enciual del Perdido — Surrender of Fannin — A Barbarous Massacre — Number of the 'Victims 201 CHAPTER XL SANTA ANNA'S HUMILIATION. 1836-1837. Houston's Retreat — His Biography — Panic of the Settlers — San Felipe Burned — Santa Anna's Plans and Advance — His Impetuous Move- ments — Removal of the Government to Galveston — Harrisburg in Ashes — Discontent of Houston's Army — Its Advance to the San Jacinto — Santa Anna Burns New Washington — He Marches to Engage Houston — Preliminary Skirmishing — Mexican Carelessness in an Enemy's Front — Discussion on Houston's Tactics — Burning of Vince's Bridge — Preparations for Battle — San Jacinto and Slaughter — Santa Anna's Flight and Capture — Negotiations for Life — Filisola's Retreat — Santa Anna's Dangerous Position and Final Release 238 CHAPTER XII. THE REPUBLIC OF TEXAS. 1836-1838. Filisola Superseded — Vain Threats— The Texan Navy — Commissioners to the United States — Morfit's Report — General Gaines Crosses the Sabine — Gorostiza's Protest — He Demands his Passports — Pas- sive Character of the War — Return of Austin — The Elections — Political Parties— Houston Chosen President— Meeting of the First Congress — Houston's Inaugural Address — His Cabinet — Legislative Acts of Congress— The National Seal and Flag— Death and Biogra- phy of Austin— Condition of the Republic— Recognition of her Inde- pendence by the United States — Reopening of Congress — The Slave Question— Passage of the Land Law— Its Provisions— Brighter Prospects — Indian Warfare — Financial Operations — Lamar Elected President , ,...,... 279 X CONTENTS. CHAPTER XIII. lamae's administeatioi*. 1838-1841. PASS President's Tteirs on Annexation — His Message to Congress — Origin of the Texan Rangers — Financial Matters — Hamilton's Mission to Europe — His Failure to Effect a Loan — Indian Warfare — The Nacogdoches Revolt — Mexican Intrigues — The Mission and Death of Flores — Expulsion of the Cherokees — Fight at San Antonio — An Indian Raid— Massacre of the Comanchea — The Federal Campaign — Battle of Alcantro — Republic of the Rio Grande Proclaimed — Treacherous Allies — Battle of Saltillo — The Santa Fe Expedition — Its Object and Disastrous Result — The New Capital— Recognition by France and England — Ralations with Mexico — English Media- tion Rejected — Houston Reelected President — Condition of the Republic 314 CHAPTER XIV. END 01' THE TEXAN RBPtTBLlC. 1841-1846. Houston's Second Admistration— Reduction of Expenses — Vasquez Takes Bejar — Correspondence with Santa Anna — Operations of the Navy — The Archive War — Regulators and Moderators — England's Neutrality — WoU's Inroad — Dawson's Defeat — Somerville's Dubious Conduct— Battle of Mier — Mexican Guile — The Charge on the Guard — A Grievous Mistake — The Death-lottery — The Prisoners at Perote — Snively's Expedition — Robinson's Diplomacy — The Armis- tice — Rivalry of the United States and England — Anson Jones Elected President — Houston's Farewell Message— His Difficult Posi- tion — Annexation — The State Constitution 344 CHAPTER XV. TEXAS AS A STATE, 1846-1859. Social Condition of the Texans — Population — Position of Malefac- tors — Simplicity of Households — The Literate Element — Governor Henderson's Inauguration — Texans' Doings in the Mexican War — Wood's Administration — ^Dispute about the Possession of Santa Pe — Governor Bell — The Texan Debt — Pearee's Bill — The Santa Fe and Public Debt Questions — Scaling the Debt — Pease's Administration CONTENTS. xi PAGE — Prosperity — ^Indian Depredations — Native Colonies — Prospects of Success — Vicious Indian Settlers — Angry Frontier-men — A Barbar- ous Massacre — Removal of the Indian Colonists — Final Adjustment of the Public Debt — Financial Matters — Hostility to Mexicans — The Cart War — Political Parties — Biography of Rusk — Administration of Runnels — The Sl»very Agitation-^-Houston Elected Governor 389 CHAPTER XVI. CIVIL WAR. 1859-1862. The North and the South — Houston's Message — Reports of Committees on Resolutions of South Carolina — Knights of the Golden Circle- Special Session of the Texan Congress Convened — A Convention Illegally Called — Surrender of General Twiggs — Houston's Speech at Galveston — Texas Secedes from the Union — Proceedings of the Convention — Houston Deposed — His Protest — Clark Installed Pro- visional Governor — Indian Settlement on Trinity River — Cortina 'a Insurrection— His Defeat and Flight — List of Senators and Repre- sentatives — Commencement of the Civil War — Military Operations — ^Invasioa of New Mexico— Its Failure , , 427 CHAPTER XVII. PROQEESS AND END OP THE WAE. 1862-1865. Operations of the United States Navy — Recapture of Galveston by the Texans — Military Despotism — Defeat of the Federals at Sabine Pass — Death of General Houston — His Character and Policy — Murrah Elected Governor — Operations of the Federals on the Gulf Coast — Attempt against Texas by Red River — Brownsville Taken by Cor- tina — Administration of Murrah — Financial Matters — The Conscrip- tion Laws — Lamentable Social Condition of Texas — Industrial Progress — Cotton Planters —Reverses of the Confederate Arms — The Last Engagement , , , , , 454 CHAPTER XVIII. THE REOONSTEtrCTION PERIOD. 1865-1870. GoTernor Hamilton — The Question of Freedmen's Rights — Lawlessness in Texas — Emancipation of Slavery Declared in Texas — Its Eflfect — The State Convention — Throckmorton Elected Governor — A Bold Message — Laws Passed by the Legislature — Discord between Presi- Kii CONTENTS. ■PAGB dent Johnson and Congress — A Rigorous Act — Texas under Military Rule — Judicial Districts — Throckmorton's DiflElculties and Removal — His Views on the Position — Pease Appointed Governor — Changes of Military Commanders — Registration Questions — The Reconstruc- tion Convention — Disagreements — The General Election — Amended Constitution Ratified — Dqings of the Legislature 478 CHAPTER XIX. TEXAS RESTOKED. ' 1871-1888. Administration of Governor Davis — Message to the Legislature — Repub- lican Measures — Party Rivalry — Austin the Permanent Capital — • Repeal of Obnoxious Laws — Condition of the Treasury — Republicans versus Democrats — A Dangerous Crisis — Victory of the Democrats — Coke Elected Governor — Condition of Affairs — The New Consti- tution — Coke's Criticisms — Governor Hubbard — The Salt War — Finance — Governor Roberts' Policy — Indian Affairs — The Boundary Question 501 CHAPTER XX. INSTlTtTTIONAL AND EDUCATIONAL MATTERS. 1835-1888. Rapid Progress — ^Population — ^Social Advancement — Decrease of Crime — The State Capitol — The Huntsville Penitentiary — Reform of Abuses — Rusk Penitentiary — Charitable Institutions — Asylum for the Deaf and Dumb — The Institute for the Blind — Insane Asylum —Development of Education — Appropriations for the Establishment of Free Schools — The Public School System — Statistics — Founding of the Texas University — The Agricultural and Mechanical College — First Protestant Churches — Marriage by Bond Legalized — Eccle- siastical Statistics — First Printing Press in Texas — Early News- papers — Texas Editorial and Press Association 528 CHAPTER XXI. INDUSTRIES, COMMERCE, AND RAILROADS. 1835-1888. Physical Divisions — A Forest Region — The Level Prairies of the Gulf Coast — Central Highlands — A Vast Cattle Region — The Panhandle and Staked Plain — Climate and Rainfall — Cotton Production — The Cereals — Progress of Agriculture — Cattle Statistics — Stock Trails CONTENTS. xiii f AGE to the North — The Texas Fever — Wire fence Troubles — Sheep and Horses — Minerals — Manufacturing and Mechanical Industries — ■ Foreign Commerce — Imports and Exports — The Postal Service- Railroad Systems — The Oldest Lines— Houston the Natural Centre — Narrow Gauge Lines — Liberality of the State Government — The Strike at Fort Worth , 551 CHAPTER XXII. CHIHUAHtJA AND DUEANGO. 1800-1845. Redivision of Provincias Internas — Movements During the War of Independence — Cruz Defends the Royal Cause — Durango Captured by Negrete — Chihuahua and Durango Made Separate States — Party Strife and Revolts — Liberals and Conservatives — Federal Coalitiou in the North — Change of Governors in Durango — Apache Raids in Chihuahua — Decline of Presidio Defences — Indian Warfare — Scalp Hunting — Massacre at Janos —The Central Regime — Federal Oppo- sition — ^Durango Joins Paredes' Revolution 581 CHAPTER XXIII. LATER HISTORY OF CHIHUAHUA AND DURANQO. 1843-1888. Preparations for War with the United States — ^Vidal Defeated by Doni- phan — Battle of Sacramento — Doniphan Occupies Chihuahua — He Marches to Saltillo — Siege and Fall of Rosales — Frontier Defence — Failure of Military Colonies — Indian Raids and Scalp Hunting — A Coalition of States — Sale of the Mesilla Valley — Plan of Ayutla Adopted — Cajen Invades Chihuahua and Durango — Victory of the Liberals — Entry of the French — Juarez flees to Chihuahua — Brin- court Occupies the City — Departure of the Invaders — Durango Opposes the Juaristas — Murder of Patom — Revolution of Porfiria Diaz — Lerdista's Movements— Sierra Mojada Territory Formed— Suppression of Indian Raids 604 CHAPTER XXIV. TJNITBD SONORA AND SINAiOA. 1800-1830. Progress of Settlements — Invasion by Hermosillo — Capture of Rosario —Defeat of Hermosillo at San Ignaoiode Piastla — Campaign against the Apachea— Last Colonial Rulers— Uprising of the Opatas- The xiv CONTENTS. PAGE Empire Welcomed— Sonora and Sinaloa Neglected — Petition for Reforms — Federalism Favored — Separation of Sonora Ignored — Form of Government — Grievances and Revolt of the Yaquis — Oper- ations of Banderas — Suppression of the Uprising — Expulsion of Spaniards — Hardy's Visit — Separation of Sonora and Sinaloa — Population ,,,,,,,,,,.., .1 ....... i .■.•.■■•■ 1 •■••>.> > 628 CHAPTER XXV. SONORA AND SINALOA AS SBPAEATE STATES. 1830-1851. Sonera's First Legislature— Leading Towns — Indiana versus Whites — Banderas' Scheme — His Defeat and Death — War with the Yaquis — Expeditions against the Apaches — Party Struggles — Governor GSndara — Urrea Proclaims Federalism — He is Recognized by Sina- loa — Gindara's Counter-revolution — The Yaquis Roused by G&ndara — War between Federalists and Centralists — Alternate Successes — Changes of Rulers — ^War with the United States — Guaymas Bom- barded — Americans Take Possession — Mazatlan Captured — Migra- tion from Sonora to California — Troubles with Apaches — Changes in the Administration , 649 CHAPTER XXVI. riLIBTJSTEEING INVASIONS FROM CALIFORNIA. 1852-1854. Raousset de Boulbon's Early Career — His Schemes — Pindray's Frontier Colony — Raousset's Grant — Arrival in Sonora — Hostility of Officials — Capture of Hermosillo — Raousset Attacked with Fever — Retires to Guaymas — The Adventurers Capitulate — New Schemes of the Frenchman — The Compania Restauradora — Raousset Goes to Mexico — A Second Expedition Planned — The Return to Sonora — Raousset Duped by Yanez — The Mexican Barracks at Guaymas — Plan of Attack — Assault of the Filibusters — Their Defeat — Disposal of the Prisoners — Execution of Raousset — His Character ..,..,,.,, 673 CHAPTER XXVII. IHENCH OPERATIONS IN SONORA AND SINALOA. 1854^1866. Efifect of the Gadsden Purchase — Crabb's Colony Scheme — G^ndara's Revolt and Defeat — Crabb's Defeat at Caborca^The AVhole Party Shot — Jecker's Survey and Troubles— Conservative Reaction in CONTENTS. Tcv PAGE' Sinaloa — Frequent Revolutions — Triumph of Liberals in Sonora — The French Occupy Guaymas — GSudara's Operations — Sonora Held by Imperialists — Struggles of the Liberals — Departure of the French — Tanori Shot — Sonora Free — Lozadu Besieges Mazatlan — The French Capture the Fort — Victory of Resales — Castagny's Opera- tions — Alternate Successes of Liberals and Imperialists — Loz Aids the Latter — The French Regmbark and Retire ,,,. .,...,,.' . 693 CHAPTER XXVIII. BEVOLTJTIONS AND COUNTER-KEVOLUTIONS. 1867-1887. tarty Quarrels — Uprising of the Yaquis — Vega's Piratical Raid on Guaymas — Leyra's Revolution against Juarez —Its Failure — Revo- lution in Sinaloa and Sequel— Contest in Sonora Regarding the Constitution — Mariscal Sent to Restore Order — The Lerdo Election Troubles — Sinaloa Yields to the Porfirists — Mariscal Governor of Sonora — Change of Governors — Appearance of Yellow Fever — Rev- olution in Sinaloa by Ramirez — His Defeat and Death — Marquez de Leon Invades Sonora — Is Compelled to Retire — Withdraws to Cali- fornia — Wars with the Apaches — Their Final Subjugation 700 CHAPTER XXIX. LOWER CALirOKNLA. 1800-1848. Separation from Alta California Decreed — Foreign Trade — Vessels Vis- iting the Coast — Oochrane's Raid on Loreto — More Liberty Granted to Indians — Federal System Established — Political Divisions — Mis- sions Secularized — Party Factions — The Californias Reunited — Frontier Quarrels — Hardy's Pearl-fishing Scheme — United States Designs — Americans Occupy La Paz — Selfridge Takes Mulege — Patriotic Rising at San Jose del Cabo — Calif ornians Attack La Paz — The American Garrison Relieved — San Jose Besieged — Retreat of the Californians — Battle of San Vicente— Burton's Operations^ Expedition to Todos Santos — End of the War — Lower California Eestored to Mesico t . , , ■.•..• 1 1 • '705 CHAPTER XXX< liOWER CALIFORNIA. 1848-1888. New Political Division— A Military Colony Established— Filibustering Designs — Walker— His Plans against Sonora Thwarted— Enrollment 1 CONTENTS. PAGE of Men in California — Descent on Lower California — Proclaims a Republic at La Paz — Walker Retires to Todos Santos Bay — Arrival of ReSnforoements — Capture of Santo Tomas — The Republic of Sonora Proclaimed — Dissension Among the Filibusters — The March into Sonora — Collapse of the Expedition — Political Matters — Con- vict Uprising — Strife for Power — Frontier Troubles — Arrival of French Vessels — Colonization Plans — Orchilla Gathering — Revolt against Governor Divilos — Change of Governors — Marquez' Revolt —Prospects of Progress , , 716 CHAPTER XXXI. INSTITUTIONAL. 1800-1888. Frontier Military Forces in Colonial Times — War for Independence — Government — Ofl&cers and Districts — Revenue — Chihuahua, Du- rango, Sinaloa, Sonora, and Lower California — Crime and Punish- ment — Fusion of Races — Aboriginal Peoples — Judiciary and Codes — Colonization — Education 740 CHAPTER XXXII. EESOtTECES AND OOMMEKCE. Obstacles to Progress of Agriculture — Production and Crops Stock- raising — Mining — Effect of Indians on Development — Districts in Different States — Metals, Minerals, and Precious Stones — Pearl Fishing — Manufactures — Cotton Mills — Trade — Imports and Ex- ports — Smuggling — Coast Trade — Steamer Lines — Roads and Canals — Railways 748 HISTORY OF THE NOETH MEXICAN STATES AND TEXAS. CHAPTER I. TEXAS CLAIMED BY THE UNITED STATES. 1800-1810. Internal Condition of Texas — Society at San Antonia de B^jar — Colo- nel Pike — The Provincial Government — Nolan's Inroad— His De- feat AND Death— Gambling for Life — Bean's Biography — Sale of Louisiana to the United States — The Boundary Dispute — Preten- sions OF THE United States — Preparations for Hostilities — The Spanish Troops Cross the SabiKe — General Wilkinson Takes the Field — The Spanish Retire — Wilkinson Marches to the Sabine — A Bloodless Campaign — The Neutral-ground Convention — Im- proved Condition of Texas — Desperadoes Occupy the Neutral Ground— Their Organization. With the opening of the nineteenth century Tesas began to emerge from that slough of stagnation in which she had been so long buried. Henceforth she became an object of attention and a field of strife, until finally she rose to the dignity of an independent republic. But her elevation was not due to internal development. It was the effect of external influences and the advent of another race of men; the Anglo- American element gained for her a name in the his- tory of the New World. What the population of Texas was at the beginning of this century cannot be definitely ascertained, but according to reports published by the Tribunal del voL.n. L 2 TEXAS CLAIMED BY THE UNITED STATES. Consulado, it was estimated to be about 21,000 in 1805, its area being a little over 7,000 square leagues.^ Major Pike, who passed through the province in 1807, says : " The population of Texas may be estimated at 7,000. These are principally Spanish Creoles, some French, some Americans, and a few civilized Indians and half-breeds."^ But this number did not include the wild Indian tribes. It was, indeed, a desolate country. The only settlements of any importance were San Antonio de Bejar, with about 2,000 inhabi- tants ; La Bahia del Espiritu Santo — now Goliad — about 1,400;* and 'Nacogdoches, with 500 inhabitants. Scattered in the interior were a few military stations, and here and there a mission still existed,* round which were settled a few miserable Indian proselytes. What little trade there was, was carried on with Mexico by way of Monterey and Monclova, and with New Or- leans through Natchitoches, the latter being contra- band; nor was it until 1806 that Texas was allowed a port, when the Bahia de San Bernardo was opened as a puerto menor by royal order of September 28, 1805.^ The exchange for merchandise was specie, horses, and mules. '■ffoc. Mex. Oeog., ii. 20. ^Exped., ap., part iii. 33. The author of the pamphlet Pretensiones de los Anglo-Americanos, Mexico, 1820, pp. 7 — and who was probably the gov- ernor Cordero, since, while speaking of affairs in Texas in 1806, he says, ' Yo mandaba entonces la frontera ' — states on page 3 that the Americans assigned less than 6,000 inhabitants to the three settlements of San Antonio, La Bahfa, and Nacogdoches, and their districts. Pap. Var., 157, no. 4. Fernando Na- varro y Noriega gives 3,334 as the number of inhabitants under the govern- ment of Texas in 1810. Soc. Mex. Geog., vii. 138. Arispe, Mem. Coah., 12, in Pamphlets, i., gives 7,000 as the number in 1811. 'Almonte gives these for the year 1806. Not. Estad. Tej., 25. ^Cancelada supplies the following list for 1811: Around the capital San Fernando; Mission of la Concepcion, distant 1 1.; San Jos6 de Agayo, 1 1.; San Antonio de B^jar, 2J 1. ; San Juan Capistrano, 3J 1. ; San Francisco de la Espada, 4 1 Around the Presidio oi Espirito Santo: Mission of the Kosario, distant IJ 1.; Refugio, 12 1. There were also 16 ranches, 'que sin dexar de obedecer i las Antoridades no viven en continuasociedad.' 'ihe total popula- tion of all these places is given as 4,000 of both sexes; that of the wild Indian tribes as over 14,000. Ruina de N. Esp., 41. Arispe mentions only four missions as existing in the above-named year; namely, San Jos6, de la Espada, San Bernardo, and el Eefugio. Mem. Coah., in Pamphlets, i. 11. In 1812 the missions were suppressed by the Spanish government, and the Indians dispersed. Shea, Hist. Cath. Mis., 87. °Dispom. Var., i. f. 132. SAN ANTONIO SOCIETY. 3 Most of the inhabitants, even those in the capital, San Antonio, were of roaming inclinations, induced by love of the chase. The buflfalo and wild horse abounded in great numbers, and the pursuit of them was a source of both pleasure and profit. The gov- ernor, Antonio Cordero — who succeeded Juan Bau- tista Guazabal in 1806 — checked, however, in some degree this disposition to lead a wandering life, and compelled attention to agriculture.® Yet in this small, rough community there was not wanting somewhat of the amenities, and even refinement, of civilized society. This was to be found among the Spanish residents, *By restricting the buffalo hunts to certain seasons, and obliging every man of family to cultivate so many acres of land. Pike's Ea^., ap., part iii. 34. This writer. Major Zebulon Montgomery Pike, of the 6th regiment of the U. S. infantry, was commissioned under instructions of Prea. Jefferson to ex- plore the sources of the Mississippi, in which undertaking he was engaged from August 1805 to April 1806. In July of the latter year he was sent by Gen. Wilkinson to explore the Arkansas and Eed rivers, his party consisting of 23 persons. The commandant of Nacogdoches became iaformed of the projected expedition while Pike was making his preparations at St Louis, and a strong force of 100 dragoons and 500 mounted militia was sent by the gov- ernment at the Mexican capital to intercept him. Pike, however, had got lost, and was undiscovered by the Spanish troops, though they descended the Red Hiver 600 miles. Meantime the explorer had made his way to the Rio Grande, where he and his party were taken by the authorities of New Mexico and conducted to Santa F^. He was thence sent to Chihuahua, where Nemesio Salcedo, the captain-general of the provincias internas, resided. After an in- vestigation into the object of his expedition and some detention, he was sent with a portion of his party to Natchitoches, in Louisiana, then iu possession of the U. S. On his arrival in the U. S. he published, iu the form of a jour- nal, an account of his expeditions, under the title: An Account of Expeditions to the Sources of the Mississippi, and through the, Western Parts of Louisiana to tlie Sources of the Arkansaw, Kans, La Platte, and Pierre Jaun Rivers; per- formed by order of the Government of the United States during the years 1805, 1806, amd 1807. And a Tour through the Interior Parts of New Spain, when conducted thromgh these provinces by order of the Captain-Oeneral in the year 1807.. Philadelphia, 1810. 8vo, pp. 277, with 3 appendices, pp. 65, 52, 87. Tables. This work was reprinted m London in 1811, in ito, pp. 436, under the title: Exploratory Travels through the Western Territories of North Amer- ica, etc. It was also translated into French in 1811 by M. Bresson, 2 vols, 8vo; and into Dutch at Amsterdam ia 1812, 2 vols, 8vo. Pike gives a good description of the countries through which he journeyed, and their resources, as well as of the manners, morals, and customs of their inhabitants. With regard to New Spain, he appears to have been somewhat partial, owing to the kindness and hospitality which he received from the people. He says: 'Those reasons have induced me to omit many transactions, and draw a veil over various habits and customs which might appear in an unfavorable point of view, at the same time that I have dwelt with delight on their virtues. ' Pike was bom at Lamberton, N. J., Jan. 5, 1779; in 1813 he was made brigadier- general, and appointed to command the land forces in the expedition against York — now Toronto. On April 27th he attacked the place, and after carrying one battery, was mortally wounded by the explosion of the British magazine. 4 TEXAS CLAIMED BY THE UNITED STATES. many of whom had come from leading cities in Spain, or from the viceregal court ; and though most of the inhabitants of San Antonio dwelt in miserable houses, with mud walls and grass-thatched roofs, the upper class enlivened social intercourse by dinner-parties and balls, at which refinement of manners was noticeable, and cheerful, bright conversation gladdened the enter- tainments/ The example of this class was not with- out effect. A degree of politeness was infused into the Creoles and half-breeds, modifying the tendency to ruffian bearing and coarseness, which are the products of a wild frontier life and isolation from the world. The province of Texas, as also that of Coahuila, was subject to the government of the commandant general of the provincias internas, who resided at Chi- .huahua, and whose powers were independent of the viceroy. Each province was ruled by a military and political governor, who by his delegated powers had cognizance of all causes, being dependent, as regards military matters, on the commandant general. In fiscal affairs he was subject to the intendant at San Luis Potosi, with recourse to the supreme council of finance at the city of Mexico. In regard to his ad- ministration of justice, appeals could be made only to the audiencia of Nueva Galicia.* The consequences of this arrangement are self-evident. So great were the distances of the places where appeals could be made that recourse to these could be had but by few persons; and as the magistrates — generally military men — had no legal adviser, justice could not be prop- erly administered even under the best disposed gov- ernor, while the system afforded every opportunity for the exercise of tyranny. In ecclesiastical matters ' Pike regarded San Antonio as cue of the most delightful places that he visited in the Spanish provinces. Id., ap., part iii. 34. ^ Arispe, Mem. Coah., 9, in Pamphletn, i. In 1803 Juan Bautista Guaza- bel was appointed governor of Texas, succeeded in 1806 by Antonia Cordero, who had previously been governor of Coahuila. Pike says of this latter prov- ince: ' Mditary and ecclesiastical power is all that is known or acknowl- edged. . .The governor's civil salary is 4,000 dollars per annum.' Exped., ap., part iii. 29. INCOMING AMERICANS. 5 the same difficulty presented itself, questions that arose having to be referred to the episcopal chair in Nuevo Leon.^ But the time had approached when the first indica- tions of a distant influence that was to bear on the future destiny of Texas were manifested. The spirit of adventure which led Daniel Boone into the wilder- ness of Kentucky was abroad on the margins of those unknown lands that lay beyond the frontiei- settle- ments of the United States, and the Anglo-American race was pushing westward and southward. Bold, restless men, impelled by the fascination of wild adven- ture, made their way into new regions, reckless of danger and hardships. As the settlers in their on- ward course approached the Spanish possessions, it was not likely that these would long remain a closed garden of Hesperides to such spirits. The uncom- promising exclusion of foreigners only served as an incentive,^" and before the close of the eighteenth cen- tury Americans had entered Texas and gained a foot- hold. The contraband trade carried on with New Orleans, and connived at by the Spanish authorities, opened a gateway to these intruders. Probably the first of these adventurers was Philip Nolan, an Irishman by birth, who was engaged in this illegal trade between San Antonio and Natchez as early as 1785. Whether it was that this traffic did not yield profits large enough or quickly enough, under the exactions imposed upon it, or whether No- lan really had the secret intention of making discov- eries in reputed gold-bearing regions in Texas, as ^ Arispe, Mem. Coah., 9, et seq., in Pamphlets, no. i. Aa this is an official report to the king by the deputy to the Spanish cdrtes from Coahuila it may be regarded aa affording a true representation of the government of these provinces and real grievances. The writer makes suggestions as to what ought to be done for the better administration of them, such as the establish- ment of juntas, courts of appeal, etc. '"AH foreigners found on Spanish territory unprovided with passports were arrested and thrown into prison, where they often lingered for years. Eapecial rigor was observed toward American citizens. 6 TEXAS CLAIMED BY THE UNITED STATES. some writers allege," is not certain; but in 1800'^ he organized an armed expedition at Natchez, ostensibly for the purpose of capturing wild horses in Texas. The adventurers, twenty-one in number including their leader, crossed the Mississippi at Nogales — Wal- nut Hills — and having advanced forty miles in the direction of the Washita, they fell in with a patrol of fifty Spanish horsemen sent from the fort on the river to intercept them. The determined bearing of Nolan and his followers, however, deterred them from attack- ing him, and he proceeded without interruption. Avoiding Fort Washita, the party crossed Red River, and continuing their westward course passed the Trinity, and reached the Brazos, spending much time in hunting. On their arrival at the Brazos they erected an enclosure, and penned about 300 wild horses. By invitation of the Comanches they visited the Indian chief Necoroco, whose village was situated at the south fork of the Red River, where they re- mained a month. After their return to camp they were attacked, March 21,'^ 1801, by a troop of 150 Spaniards sent against them by Salcedo and coni- ' manded by Lieutenant Musquiz.^* Nolan's outpost of six men — one American and five Spaniards — was captured before daylight, and as soon as morning " ' Eatimtilados ' — i. e., Nolan and his followers — ' de las noticias de haber en las moutanas de la provincia de Tejas, muchas y abundantes minas de ora y plata.' Fiiisola, Mem. Hist. Guerra Tejas, i. 39. Kennedy says it was supposed that the leader of the expedition cherished the secret intention of making discoveries in the reputed gold regions of the Comanches. Texan, i. 237. '^ Kennedy, relying upon a manuscript supplied him by Lamar, president of Texas, gives the date 1789, ' or thereabouts. Fiiisola aiso assigns that year to the expedition; but Ellis P. Bean, who accompanied Nolan, and wrote a full account of the expedition and his own subsequent acts, distinctly states that the adventurers left Natchez in October 1800. Yoakum supplies a revised copy of Bean's narrative in appendix no. ii. Hist. Tex. , i. 403-4. '^ According to the diary of Musquiz, translated and published in the Texas Almanac, Sept. 1868, 60-4. " Bean states that the party at this time numbered only 18, three of the company having been lost at the beginning of the journey while out hunting. Nolan's force at starting comprised 14 Americans, 5 Mexicans, and one negro. Ihe lost men made their way back to Natchez. Bean's Mem., in Yoakum's Hill. Tex., 405, 407. Musquiz, however, says that there were ' 14 Americans, 1 Creole of Louisiana, 7 Spaniards or Mexicans, and 2 negro slaves at the log pen when he attacked it. Texas A Imanac, Sept. 1868, 62. WAR AND DEFEAT. 7 dawned the Spaniards opened fire with grape from a swivel-gun upon the remaining twelve, who were inside an enclosure of logs, which had been built as a protection against Indians. Nolan fell early in the contest, shot through the head.^^ Bean then took command, and the fight was continued for some time longer, two of the Americans being wounded and one killed. At nine o'clock the besieged effected their retreat to a neighboring ravine, where they stubbornly defended themselves till two in the afternoon, when the Mexicans hoisted a white flag. A parley followed, and the Americans' ammunition having failed, a treaty was made, by which it was agreed that the Americans should be sent back to their own country; that both parties should proceed to Nacogdoches in company ; and that the Americans should not be regarded as prisoners, but should retain their arms. On their arrival at Nacogdoches, however, they were detained a month waiting for Salcedo's order for their return to the United States. His instructions, when they arrived, were the reverse of those hoped for; the adventurers were heavily ironed and sent to San Antonio; thence to San Luis Potosi, where they languished in prison sixteen months. From this city they were removed to Chihuahua and tried, their cases being referred to the crown. After five years of anxious waiting the king's decision arrived. Every fifth man was to be hanged. As the survivors at this time were only nine in number, a single life was deemed sufficient to meet the stern requirement of the royal sentence. The unfortunate captive^ were made to throw dice blindfolded on a drum-head. He who threw the lowest number was to suffer, and Bean, the author of the narrative from which the above account is taken, cast the lowest but one. On •* Nolan was killed by a cannon-baU, the Mexican troops having brought up a mountain gun on muleback. After the surrender, the negroes asked permission to bury their leader, which was granted ' after causing his ears to be cut off, in order to send them to the governor of Texas.' Id., 63. 8 TEXAS CLAIMED BY THE XJNITED STATES. the following day the victim was executed in the pres- ence of his more fortunate comrades. ^^ Such was the result of the first inroad by Ameri- cans into Spanish territory in which the invaders sought to sustain themselves by force of arms. Mean- time other Americans had effected a peaceful entrance into this forbidden land, and had settled along the ^^ The nine who cast lots, according to Bean, were; E. P. Bean, David Fero, - Tony Waters, Ihomas House, Charles King, Robert Ashley, Joseph Reed, the negro C«sar, and one whose name is not given by Bean. Thrall, without quoting any authority, says the lot fell on Ephraim Blackburn: Ptct. Hist. Tex., 107. Bean, after numerous attempts to escape, which always resulted in his recapture and imprisonment, was offered his liberty when a revolution was in progress in 1811-12, it he would enlist in the royal army. To this he consented, but on the first opportunity he deserted and joined Jlorelos, under whom he fought with distinction, and was in command of the troops that captured Acapulco. In 1814 Bean was sent as republican agent to the U. S., and took part in the battle of New Orleans. Being well known to General Jackson, the command of a battery was given to him in this engage- ment. Concluding that war-time was unpropitious to the Mexican cause in the U.S., Bean returned to Mexico, but in the following year went back in company with Herrera. He again returned to Mexico some time afterward, to find the independent cause all but lost. During his stay in that country on this occasion, he married Anna Gorthas, a, Mexican whose family, once wealthy, had been impoverished by the war. In 1818 he visited Tennessee and spent some time at the place of his birth. He finally settled in Texas as a colonist, and remained there many years. After the termination of the Mexican revolution his wife recovered her property, and the last years of his adventurous life were passed in peace on her estate near Jalapa. Bean ^I'as born in 1783 and died Oct. 3, 184G. Mem., in Yoahums Hist. Tex., i. 415-52; Thrall's Pict. Hist. Tex. , 499-500. Kennedy's account of this expedition is greatly at variance with Bean's narrative. He states that after Nolan's death his followers surrendered at discretion, and were taken to Chihuahua, where with few exceptions they were shot. House and Ashley effected their escape, Bean was pardoned on account of his youth, and Stephen Richards — not mentioned by Bean — was compelled to enter the Spanish army. Texas, i. 238. Thrall's statements are equally contradictory. Utsup.jWG-l. Accord- ing to the Texas A Imanac, Sept. 18(i8, 63-4, the following is the list of those who were destined to draw for the death-lot: Luciano Garcia, Jonah Walters, Solomon Cooley, Ellis Bean, Joseph Reed, William Danlin, Charles King, Joseph Pierce, Ephraim Blackburn, and David Fero. But Pierce having died before the royal decree — that each fifth man should be hanged — coidd be carried into execution, the presiding judge, with commendable mercy, decided that one victim would be sufficient. According to the report of the adjutant iusijector, the lots drawn were the following, each gambler for his life throwing in precedence according to his age: ' Blackburn, 3 and 1, making 4; Gai'cia, 3 and 4, making 7; Reed, 6 and 5, making 11; Fero, 5 and 3, making 8; Cooley, 6 and 5, making 11; Walters, 6 and 1, making 7; King, 4 and 3, making 7; Bean, 4 and 1, making 5; Danlin, 5 and 2, making 7.' jlphraim Blackburn, having thrown the smallest number, was hanged at the Plaza de los Urangas in the town of Chihuahua, on the 11th of November, 1807. ' '1 he diai-y kept by Nolan and many of his letters, which are in my possession ' — J. A. Quintero — 'show conclusively that he was not only a gallant and intelligent gentle- man, but an accomplished scholar. He was thoroughly acquainted with astronomy and geography. He made the first map of lexas, which he pre- sented to the Baron de Carondelet on returning from his first trip. SETTLEMENT. 9 San Antonio road, on both sides of Nacogdoches. Among these may be mentioned Captain Dill and his son-in-law, Joseph Darst, Samuel Davenport, and Kobert Barr, all of whom established themselves in Texas at the close of the last century or in 1800.^'^ This privilege had only been obtained by swearing allegiance to the Spanish king. Hitherto neither these settlements nor Nolan's inroad had any political significance ; they were merely the results of private enterprise; but the time was close at hand when throughout the United States attention was drawn to this unknown country. The causes of this were the sale of Louisiana to the government at Washington — which involved a dispute with Spain as to the owner- ship of Texas — and Aaron Burr's conspiracy to in- vade and revolutionize Mexico, exciting thereby a wide-spread interest in this border province. When France, in November 1762, ceded Louisiana to Spain in order to prevent it falling into the hands of the English, the western boundary line between the Spanish and English possessions in North Amer- ica was clearly defined by the treaty concluded in the following February. ^^ But in October 1800 Spain ceded back the territory to France in exchange for Tuscany, on the understanding that its extent should be the same as it had been during the former posses- sion of it by that nation. The boundary line, how- ever, between Louisiana and Texas had never been definitely settled, though Spain had always claimed that Red River, or rather its tributary Arroyo Hondo, " Barr and Davenport had a settlement two miles east of the Angelina, and later established a large cattle-ranch east of the Trinity. Yoakum, at sup., 136-7; Thrcll, ut sup., 686. '* The treaty was signed at Paris, between the kings of Spain and of France on the one side, and the king of Great Britain on the other. In art. 7 the limits were ' fixed by a line drawn along the middle of the river Mississippi, from its source to the river Iberville, and from thence by a line in the middle of that stream and of the lakes Manrepas and Pontchartrain to the sea.' Gayarre's Hist. Louisiana, Fr. Dom., ii. 93; Claiborne, in Mayer's J/e.t., MS., no. 25. 10 TEXAS CLAIMED BY THE UNITED STATES. was the western limit of the French possessions/^ and when, in 1803, Napoleon sold Louisiana to the United States,^" its western limits at once became a ground of dispute with Spain. The government at Washing- ton, in its aggressive policy, claimed all the country east of the Rio Grande,^^ which included the whole of Texas and the best portion of New Mexico — a pre- tension, as far as the Trench were concerned, long obsolete. But for the time the acquisition of Florida was of more paramount importance, and Monroe and Pinckney, ambassadors at the court of Spain, were in- structed, April 15, 1804, to propose to the Spanish government that the territory lying between the Sabine and Colorado rivers should be considered as neutral ground for a period not longer than twenty years, under the stipulation that Florida should be ceded to the United States for a sum not exceeding $2,000,000. This concession of its assumed right to Texas, however, soon appeared too liberal to the United States government, and in July following its representatives were instructed to propose the terri- tory between the Colorado and the Rio Grande as the neutral ground. ^^ These proposals, though long discussed, met with no result. " The Arroyo Hondo waa about seven miles west of Katehitoohes. .A con- ventional line seems to have been recognized for many years by both nations. This ran between the rivers Mermento and Carcasien, along the Arroyo Hondo, passing between Adaes and Natchitoches, and terminated in the Red River — a boundary often violated by encroachments of the French toward the Sabine River. Pap. Var., 162, no. i., p. vii. Consult vol. i., Hist. Norrth Mex. States and Texas, this series; Monette's Hist. Val. Mississippi, ii. 460. ™ Upon the cession of Louisiana by Spain to the French, it was privately stipulated that the territory should not De sold to the U. S. , and when the sale was effected, Spain, recognizing that a protecting barrier between her American possessions in North America and the U. S. was removed, protested. Overawed by Napoleon, she withdrew her protest. Yoakum's Hist. Tex., i. 119; Filisola, Mem. Hist. Ouerra Tex., i. 43-4; Annals of'Com/., 1804-1805, ap. 1268. A curious story is told by Ashbel Smith, who frequently met the Prince of Peace, Manuel Godoy, in Paris. The latter told him that Charles IV. of Spain bestowed on him the province of Texas, to be an apanage of the house of Godoy. Preparations were made to send thither 2,000 soldiers and a number of females, out the invasion of Spain by Napoleon put an end to the whole scheme. Reminis. Tex. , 27. ^^ Founding the claim on La Salle's unsuccessful attempt to colonize Texas. See vol. i., 395-412, this series. ^^ Annals of Cong., 1804^1805, ap. 1338-47. ATTITUDE OF SPAIN. 11 But Texas had become a land of mark, and enter- prising pioneers kept pushing forward into the disputed territory. Spain's attitude toward the United States and American intruders exhibited a growing hostility, and she showed herself determined to maintain her ancient system of exclusion of foreigners. To oppose the encroachments which she clearly foresaw her ag- gressive neighbor in America would attempt, she made vigorous preparations by the introduction of troops and colonists into Texas,^^ hoping thereby to interpose a powerful state as a protection on the Mexican frontier. Viceroy Iturrigaray, being determined to attack the Americans if they crossed the Arroyo Hondo, took active measures to increase the military strength of Texas. Nacogdoches and other places were fortified and provisioned; companies of militia were moved from Nuevo Leon and Nuevo Santander to San An- tonio, and detachments stationed at Matagorda, the mouth of Trinity River, and elsewhere.^* At the be- ginning of 1806, there were about 1,500 soldiers in Texas, placed under the direction of Simon Herrera, the governor of Nuevo Leon, Antonio Cordero, the newly appointed governor of Texas, being second in command. In view of this warlike attitude, the United States government, which, though disinclined to take any step that might preclude a peaceful settlement of dif- ferences, was resolved that the Spanish troops should 2' John Sibley reported to the tJ. S. sec. of war, in a letter dated Natchi- toches, July 2, 1805, that 500 families had arrived at San Antonio, all settlers, with a strong reenforoement of troops; and Capt. Turner, at Natchitoches, informed General Wilkinson, Sept. 3, 1805, that Comandante General Grima- rest from Spain was ;pre3ently expected to arrive at San Antonio, accompa- nied by seven companies of soldiers; 600 families, coming from Spain to settle Matagorda, had put into the Canary Islands. Id., 1805-1806, ap. 1206-7. A scheme for thfe establishment of military colonies at all important points in Texas was designed, professedly for the purpose of repelling Indians. Real Orden de SO de Mayo de 180\, in Maijer's Mex.,yiB., no. 3, vuelta. Ihe projected colony, placed under the direction of Grimarest, was to have con- sisted of 3,000 persons. It was on the point of sailing from Cidiz, when the capture of the four Spanish frigates took place in 1804; and subsequent hos- tilities rendered the scheme impracticable. Ward^s Mex. in 1827, i. 556. ^* President's message of Deo: 6, 1805, in Annals of Gong., 1805-1806, p. 18-19; and Id., ap. 1207-9. 12 TEXAS CLAIMED BY THE UNITED STATES. not encroach, beyond the Sabine,.^^ had issued orders November 20, 1805, to Major Porter, commanding at Natchitoches, to repel any such attempt. On receipt of these instructions. Porter required of the command- ant at Nacogdoches an assurance that he would not cross that river, and received, February 4, 1806, his refusal to comply with, such a demand. A detachment of twenty men, under Ensign Gonzalez, had already, in fact, been advanced to the old abandoned post of Adaes, and on the 1st Porter had despatched Captain Turner with sixty men to enforce their withdrawal. This was effected with some little trouble, but without blood- shed.'« The news of this forcible ejection, together with the alarm excited at this time in the Mexican capital by reports of a scheme of invasion meditated by Aaron Burr,^' caused the Spanish authorities to push forward their forces to the disputed ground. A reenforcement of 800 militiamen was sent by the viceroy to Herrera,^ and about the 1st of August that commander, at the head of 1,300 men, crossed the Sabine, and advanced to within a few miles of Natchitoches. At this time Colonel Cushing was in command there, and on Au- gust 5th he addressed a communication to Herrera, demanding his immediate retirement to the west side of the Sabine. Herrera replied on the following day, stating that he had crossed the river with orders from his captain-general "to keep the territory from all hos- tile attempts, as belonging, from time immemorial, to the king." Meantime Governor Claiborne had called out the Louisiana militia, and arrived in person during the 2^ President's message of March 20, 1806, in Ammls qf Cong., 1805-lSOG, p. 190. ^'^ Annals of Conn., 1806-1807, ap. 913-15. _ ^' For references to Burr's proposed raid into Mexican territory, see the index to Amer. State Papertt, xx. Consult also ^)?Hn?s of Cong., 1807-1Sl)S, pp. 386-778; Amer. Reg., ii. 88-90, 91-103; and Eoyal Orders of May 14, Apr. 12, 1807, and Jan. 15, 1808, in Mayer's Jfex., MS., nos 4, 5, and oi. '" Of these 600 were undisciplined. The king disapproved of sendingsuch men on an expedition which reqiiired good soldiers. Royal Order of March $i, 1807, in Mayer's Mao., MS., no. 4. TERRITORIAL BOUNDARY. 13 last week of August at Natchitoches, with a consid- erable force. Correspondence was now resumed, Clai- borne assuring Herrera that the consequences would be serious if the Spanish forces persisted in their un- just aggressions, and bringing before his notice several acts of outrage and unfriendliness toward the United States lately committed by Spanish troops. ^^ Herrera entered into an explanation with regard to the charges, and assured Governor Claiborne that the Spanish forces would commit no hostility that would frustrate the negotiations pending between the two govern- ments, but at the same time declared his intention, if provoked, to preserve the honor of his troops and fulfil his obligations. Shortly after the exchange of this correspondence, General James Wilkinson arrived at Natchitoches with reenforcements, and took command. On September 24th he addressed an ultimatum to Governor Cordero, at Nacogdoches, informing him that the United States, pending the settlement of the question, had adopted, "with pretensions far more extensive," the Sabine Paver as the most obvious, natural, and least excep- tionable temporary boundary; and that the presence of Spanish troops on the east side of it was regarded as an actual invasion of their territorial rights, and would be resisted. He then reiterated in decisive tone the demand for the withdrawal of the troops of Spain to the west side of the river, in order to avoid the effusion of blood. This final communication was immediately forwarded to Nemesio Salcedo, the cap- tain-general of the eastern provincias internas, Cordero not feeling himself authorized to decide on so serious a matter. Each commander was loath to be the initiatory cause of hostilities, and while Wilkinson remained in- ^ Namely, the prevention of a scientific exploration up Red River under Col Freeman; cutting down the American flag in the Caddo Indian village; the seizure of three Americans within 12 miles of Natchitoches; and the asy- lum afforded three fugitive negro slaves at Nacogdoches. li.; Annals ofCotig., 1806-1807, ap. 918-19. 14 TEXAS CLAIMED BY THE UNITED STATES. active, awaiting Salcedo's decision, Herrera retired beyond the Sabine. On October 21st the American general wrote to the secretary of war, enclosing a copy of a note received from Cordero, by which all doubt was removed as to the unyielding pretensions of the Spaniards to the disputed territory, and announcing his intention to advance to the Sabine on the follow- ing morning. He moreover stated that he purposed proposing to the Spanish commander that they should respectively withdraw their troops to the point of occupancy at the time of the surrender of Louisiana to the United States.^" Accordingly on the 24th the American army took up a position on the left bank of the Sabine, in front of Herrera's forces, which occupied the west side of the river, and Wilkinson without delay opened nego- tiations. It has never been clearly understood what were the motives which induced the Spanish general to accept, on his own responsibility, the proposal of Wilkinson that the territory lying between the Arroyo Hondo and the Sabine should be regarded as neu- tral ground till the boundary question was settled. ^^ Nevertheless such was the case. It is, however, more than probable that Wilkinson so excited the fears of Herrera by exaggerated accounts of Burr's contem- plated invasion, and by representing at the same time that the movement could only be suppressed by the whole power of the American army, that the Spanish general was willing to take the risk of incurring his superior's displeasure.^^ ^'' All the correspondence above referred to will be found in /rf., 1806-1807, ap. 915-25. '' According to Pike, writing in 1807 at San Antonio, Herrera held a coun- cil of war, ' yet, notwithstanding the orders of the viceroy, the oommandajit general, governor Cordero's and the opinion of his officers, he had the firmness (or temerity) to enter into the agreement with General Wilkinson, which at present exists relative to our boundaries on that frontier.' Expeditions, 270-1. '■^ Wilkinson was well informed of Burr's designs against Mexico. While at Natchitoches Samuel Swartwout, a secret envoy from the latter, visited him at the beginning of October and placed in his hands a letter in cipher from Burr. He moreover disclosed to him verbally full particulars of the plot. An interpretation of the letter in cipher and Swartwout's disclosures will be found iu AnnaU qfCong., 1806-1807, ap. 1013-16. It was suspected later HOSTILITIES ENDED. 15 Withi regard to Wilkinson's action in taking upon himself the responsibility of making such an agree- ment in face of the instructions he had received to claim positively territory as far as the Sabine, it is not unreasonable to conjecture that he was influenced by the important disclosures made by Burr's emissary. If the whole of his letter of October 21st to the secre- tary of war,^^ and a former one alluded to in it, were published, it would probably be seen that such were the reasons which he gave to the government for his meditated proposal to the Spanish conmaander. Having completed his arrangements with Herrera and Cordero, Wilkinson withdrew his forces on the 6th of November, and hastened to New Orleans to make preparations to oppose Burr. The agreement entered into met with the approval of both govern- ments.^* After the conclusion of this bloodless campaign, owing to the diversion caused by the war in Europe, and Spain's recognition that the flag protected the cargo,^^ the relations between the two governments were marked by an interval of calm. The angry demonstrations that had lately occurred were not without benefit to Texas, and by the temporary con- centration of troops and the introduction of new col- onists an unwonted activity had been awakened, and an improvement in the condition of the country efiected. The American settlers, moreover, were introducing some little agricultural energy, cramped though they were by the suspicious apprehensions which their that Wilkinson even succeeded in obtaining a large sum of money from the Spanish commander, on the understanding that he would undertake to frus- trate Burr's designs. For fuller particulars, consult Kennedy's Texas, i. 244; Monette's Hist. Val. Mississippi, ii. 463-5; Yoakum's Hist. Tex., i. 145, note; Martin's Louisiana, ii. 272-5. S3 Only an extract of it is given in Annals o/Oong., 1806-1807, '.)24. ^Real Orden de 14 de Mayo de 1807, in Mayer's Mex., M.S., no. 4; Presi- dent's Message, Dec. 2, 1806, in Annals of Cong., 1806-1807, 11. Herrera re- ceived the thanks of the viceroy. Pike's Ex/ped., 271. '^Spanish men-of-war had till then ravaged the commerce of the U. S. to a great extent, both in the Mediterranean and the West Indian seas. See Yoakum's Hist. Tex., i. 127, 133-^. 16 TEXAS CLAIMED BY THE UNITED STATES. presence aroused, and consequent oppressive treat- ment.^^ An unforeseen evil, however, arose out of the late compact. The neutral territory quickly became the asylum of a large number of desperadoes and maraud- ers, who organized themselves into a commlmity under a system not dissimilar to that of the old buccaneers. These land pirates preyed upon all who came in their way, the traders between the Texan settlements and Natchitoches, where horses and specie were exchanged for merchandise, being their especial mark. They had their rules and regulations, their headquarters, and their outposts. Their bravery and audacity were unsurpassed, and their fidelity to each other was in- flexible.^' Traders were convoyed across the territory of these outlaws by military escorts, which, however, were frequently attacked. The Spanish authorities made every effort to eject them, and twice the forces of the United States drove them off and burned their houses. But these measures failed to suppress them. *^ ' The oppressions and suspicions they labour under prevent their pro- ceeding with that spirit which is necessary to give success to the establish- ment of a new country.' Pike's Exped., ap., part iii. 33. *' Yoakum relates a striking instance. Two of a gang of 13 robbers, who had attacked an escort and carried off a large amount of treasure, were cap- tured by Lieut Magee in command of some troops from Natchitoches. Ihe men were immediately tied to trees and flogged, to make them disclose who were their associates. As this punishment failed to elicit a word of betrayal, a live coal of fire was passed along their already tortured backs, but still no disclosure could be obtained. Hist. Tex., i. 152. CHAPTER II. INVASION OP TEXAS BY AMERICANS. 1811-1814. REVOLtfTiON IN Favor of Independence — Zambrano's Co0Nter-kbvoh;- TioN — Reestabhshment of the Royalist Government — Bernardo Gutierrez — Magee's Scheme of Conquest — ^The Americans Occupy Nacogdoches — La Bahia Falls into their Hands — Governor Salcedo Besieges La Bahia — Death op Magee — The Battle of Rosillo^ Defeat of the Spanish Army — Surrender of San Antonio — A Repub- lican Government Organized — Massacre of Salcedo and Other Prisoners — Disgust of the Americans — Defeat of Royalists under Elizondo — Toledo Takes Command of the Republican Army — Ap- proach of Arredondo — Battle op the Medina — Destruction op the Americans — Elizondo's Executions — Pacification of the Province. In 1810 Manuel de Salcedo^ was made governor of Texas, Cordero, whose administration had been emi- nently beneficial, having been appointed to the more populous province of Coahuila. In September of this year Hidalgo raised the standard of independence, and during the long and bloody struggle which followed, Texas, remote though she was from the more active seats of war, was made the scene of deeds as horrify- ing as Hidalgo's massacre of his prisoners, and Ca- ll eja's atrocities at Guanajuato. By January 1811 the revolutionary wave had reached Texas, and on the 2 2d of that month Juan Bautista Casas, a captain of the militia, having seized the persons of the governor, of Simon Herrera — who was still residing at San Anto- nio de Bdjar as comandante of the auxiliary troops — ■ and of other officers, proclaimed in favor of Hidalgo ^ Son of Nemesio Salcedo, the oomandante general of the internal prov- inces. Gonzalez, Col. Doc. N. Leon, 153 Hist, N. Mex. States, Vol. II. 2 < 17 ) 18 INVAiSION OF TEXAS BY AMERICANS. and constituted himself governor. But Casas soon disgusted many of the revolutionary party by his despotic and disorderly administration, and the cura Juan Manuel Zambrano formed the design of restor- ing the old order of things. Concealing his real in- tention, he hoodwinked those of the dissatisfied whom he approached on the matter, by giving them to understand that his only object was to depose Casas and correct the disorders of the government. He was, moreover, favored in his designs by the oppor- tune arrival of the unfortunate Aldama, who with a large amount of bullion was proceeding to the United States as envoy of the independents, there to solicit aid in arms and men. Zambrano cunningly caused the report to be spread among the lower orders that Aldama was an emissary of Napoleon — a statement the more readily believed on account of his uniform being similar to that of a French aide-de-camp. Noth- ing aroused the indignation of the common people more than the idea of their being surrendered to the French. By casting the gloomy shadow of that danger over the minds of his Indians, Hidalgo had lately caused the Grito de Dolores to be raised and rung through the land;^ and now this wily priest used the same guile in Texas to advance the royalist cause. Thus the populace and many in the ranks of the revolu- tionists in San Antonio, and many inside the barracks, were unwittingly on his side. On the night of ISIarch 1st, with only five of those compromised to support him, Zambrano sallied from his house and raised the signal cry. Possession was obtained of the barracks immediately, and before morning dawned Casas was a prisoner, and Aldama confined under guard in his lodging. Zambrano and his party now proceeded with caution, nor did they prematurely let their real design be known. A governing junta of eleven vot- ing members, with Zambrano as president, was elected ''See Hidalgo's address to his flock Sept. 16, 1810. Hist. Mex., iv. 117, this series. EXPEDITION OP GUTIERREZ. 19 by the principal inhabitants of San Antonio and the vicinity, and measures were adopted to secure the province without creating alarm. The Europeans who had been imprisoned by Casas were released; his appointees were removed from office, a force of 500 reliable men was placed in marching order to be ready for any emergency; and captains Jos^ Munoz and Luis Galan were despatched as commissioners to any royalist chief whom they might be able to approach, to solicit aid. In a short time the viceregal government was again firmly established in Texas,* and Salcedo was reinstalled as governor. Aldama was sent to Monclova, in Coahuila; there tried, con- demned to death, and executed. An expedition, however, organized in the following year by a young ofiicer in the United States army, in conjunction with a Mexican refugee named Bernardo Gutierrez de Lara, almost succeeded in annihilating the royalist power in Texas. This Gutierrez had fol- lowed the occupation of a smith in the city of Revilla — now Guerrero — and at the outbreak of the rebellion possessed great wealth, owning large estates and other property in the neighborhood, besides an important commercial house. He attached himself ardently to the independent cause, and being a man of much sa- gacity and energy, had been made lieutenant-colonel by Hidalgo, whom he met at the hacienda de Santa Maria, near Saltillo, when that leader was about to start on his ill-starred journey to Monclova. Gutier- rez was, moreover, commissioned as envoy to Wash- ington, whither, in spite of the disasters that shortly afterward befell the independent chiefs, he proceeded by land, performing a journey of four months under ' The account of this revolution and counter-revolution is obtained from Oaz. deMex., 1812, iii. 1087-91; Alaman, Hist. Mej., ii. 96-7, 170-2; Brista- mante, Cuad. Hist., iv. 157-60; Zerecero, Rev. Mex., 196. Morelos, in a letter dated Yanhuitlan, Feb. 17, 1813, and addressed to the intendente Ignaoio Ayala, mentions that he had sent two commissioners, David and Tavares, to cede Texas to the U. S. about this time. Alaman, Hist. Mej., iii. 341. The commission, however, failed to reach its destination. Id., 343. 20 INVASION OF TEXAS BY AMERICANS. great difficulties and dangers. But his position in the United States was rather that of a fugitive than an envoy, and his credentials were not recognized by the government. Being a fervent patriot, he went to New Orleans, where he began to organize an expedition for the invasion of Texas, which scheme was facilitated by his former commercial relations with that city.* In 1812 Lieutenant Augustus Magee^ was sta- tioned at Natchitoches, and had been employed in breaking up the gangs of outlaws on the neutral ground. Young and romantic, he conceived the idea of conquering Texas by the aid of the banditti whom he had just subdued. These readily listened to his scheme, and having formed his plans and apf)ointed a place of rendezvous, Magee proceeded to New Orleans to obtain supplies and volunteers. Here he met Gu- tierrez,^ and eagerly entered into an arrangement with him to unite their enterprises. Magee noixiinally yielded the command to Gutierrez,'' recognizing the policy of letting the Mexican population believe that the expedition was under the direction of one of their own countrymen. Having resigned his commission in the army, June 22, 1812, Magee proceeded to act. Gutierrez went in advance to the place of rendezvous, on the east side of the Sabine, where 158 men were assembled. Magee remained at Natchitoches to bring up reen- forcements of volunteers. Gutierrez presently crossed the Sabine, engaged the Spanish forces on the Salitre prairie, and easily defeating them, pursued them to ^ Bustamante, Cuad. Hist., i. 329-30; Filisola, Mem. Hist. Giter. Tex., i. 50-1; Dice. Univ. Hist. Oeorj., ix. 515; Mora, Mij. y sus Rev., iv. 449; Guerra, Bev. N. Esp., ii. 712, note; Thrall's Pict. Hist. Tex., 548. This last author says that Gutierrez made Natchitoches his home in the U. S. * Magee graduated at West Point Jan. 23, 1809, and received the appoint- ment of second lieut of artillery. Yoakum's Hist. Tex., i. 152, note. 'Such is Brackenridge's statement. Holley's Texas, 304. Yoakum, i. 153, says that Gutierrez went to Natchitoches, where he met Magee, whom he greatly interested and influenced by his accounts of Jlexico. ' Mexican writers regard Gvitierrez as the inspirer and promoter of the en- terprise, which is natural, as all proclauiations were published in his name, and he was appointed comiiiander-iu-chief. It was, however, essentially an American enterprise. See Niles' Reij., iii. 104, v. S7-S. GOVERNOR SALCEDO. 21 Nacogdoclaes, which was abandoned on the approach of the Americans, who took possession of the town without firing a shot. The Spanish soldiers fled to the Trinidad station. This took place August 11, 1812.^ Magee kept sending reenforcements to the front, and with their numbers increased to nearly 500 men,^ the Americans marched to Trinidad, which was evacuated as soon as they appeared in sight. Here they remained till the middle of October. Meantime Magee arrived, and the forces, now numbering nearly 800, were organized. In this work he was assisted by Kemper, Lockett, Perry, Ross, and Gaines. Magee was elected colonel, though virtually commander-in- chief; Kemper was chosen major, and the others made captains. Governor Salcedo had, however, been making vig- orous preparations to repel the invaders. Assisted by Cordero, who sent him such troops as could be spared from Coahuila, he joined his forces with those under Herrera,^" and took up a position at La Bahia with 1,500 men. The Americans now continued their march, directing their course to that town. When Sal- cedo became aware of their intention to attack him, he marched out with 1,400 of his men, whom he placed in ambush at the crossing of the Guadalupe River ; but Magee, being informed of this movement, changed his course, and crossing the river at a lower point, passed Salcedo by night, reached La Bahla before day, and captured the place without difficulty. The mili- tary chest and a great quantity of stores fell into the hands of the victors. After this disaster Salcedo laid siege to La Bahia, ^ Called by the Americana Spanish Bluff. ' ' Con los cualea ' — American adventurers — ' en mimero de unos cuatro- cientos y cincuenta, ocupd a principios ' de Agosto de 1812, la villa de Nacog- doches.' Alaman, Hist. Mej., iii. 408-1. 'Eeunid cerca de quinientos hom- bres.' Filisola, utsup., i. 51. '"Herrera, after having been governor of N. Leon for 15 years, was given the command in 1810 of a corps oi observation in 'I'exas. In his absence during his governorship his brother Pedro acted as lieut-gov. Gonzalez, Col. Doc. N. Leon, 153. 22 INVASION OF TEXAS BY AMERICANS. and repeatedly but ineffectually assaulted the fortifi- cations, in the last of which attempts he lost 200 men. During the siege Magee died," and the command de- volved upon Kemper, who was promoted to the rank of colonel. Finding his efforts to storm the place un- availing, Salcedo, having suffered severe loss from the deadly marksmanship of the Americans, was compelled to raise the siege about the end of February, 1813.''^ The invaders, relieved from the extremities to which they had been reduced by a siege of nearly four months, having obtained supplies and received additional reen- forcements,^^ pursued their march toward San Antonio. Viceroy Venegas had in the mean time found means of sending aid to Salcedo, and when the latter received information of the advance of the Americans, he again marched to meet them, in the hope of surprising them, by means of an ambuscade. Taking up a position with a force of about 2,000 men and six pieces of artillery," nine miles from San Antonio, he awaited the enemy's " Yoakum, on the authority of a manuscript narrative by Capt. McKim, an old citizen of Texas, who joined Gutierrez at the Sabine and continued in service during the whole campaign, relates the following inexplicable conduct of Magee: Previous to the last assault, a three days' truce had been agreed upon, during which time Magee dined with Salcedo. While in Saloedo's quarters a compact was made by the two commanders, by which Magee agreed to deliver up the fort, the Americans to return home without their arms, but to be supplied with provisions on their march by Salcedo. On his return to the fort Magee paraded the troops, informed them of what he had done, and took their vote for approval. The treaty was unanimously voted down, and Magee retired to his tent. Meantime a note arrived under a flag, from Salcedo, reminding Magee of his honor, and calling attention to the fact that the fort was not surrendered, though the hour agreed upon was long past. The letter was read to the army and the flag sent back without reply. Salcedo then made a furious assault upon the place, but the Americans under Kemper, the next in command, repulsed the assailants with severe loss. Magee died that night, shortly after twelve o'clock, and it was said by his own hand. Hist. Tex., i. 164-5. Col Hall, who knew Magee well, states that there is not a word of truth in all this. Baker's Tex., 227. '2 Alaman gives Feb. 1st as the date. iii. 483. Filisola, about the 22d or 23d. tA^sifp., i. 54-5; and Yoakum, March 12th. Utsu'p.,i.\6b. Bustamante states that Salcedo lost more than one fourth of his troops, while the loss on the part of the besieged was only fourteen. Cuad. Hist., i. 330. "From Nacogdoches 170 recruits, 25 Cooshattie Indians from the old mis- sions, and 300 Lipan and T'wocookana Indians, whom Capt. McFarlaud had obtained as auxiliaries. Id., 165-6. "Yoakum says 1,500 regulars and 1,000 militia, with 12 cannon. Id., 166. Kennedy gives the number 1,200. Texas, i. 279. Filisola states that Salcedo had nearly 900 men of all arms, with six cannon. Ut sup., 56. Guerra places the figure at 2,000._Hist. Sev. N. Esp., ii. 712, note. DEFEAT OF THE ROYALISTS. 23 approach to the Salado creek, a confluent of the San Antonio River. A ridge of high land lies between these streams, and in the dense chaparral which cov- ered the side facing the Salado, Salcedo concealed his men. They were, however, soon discovered by the American sharp-shooters, who were sent along the crest of the ridge, and the invaders having already crossed the Salado, the Spanish general advanced to give them battle on the open ground below, placing his artillery in the centre of his line. Kemper imme- diately made his dispositions for the fight. A select body of riflemen, under Lockett, were directed against the enemy's cannon, with orders to pick off the artil- lerymen ; Kemper and Ross with the remaining Amer- icans occupied the right and left wings respectively. The general order was to fire three rounds, reload, and then charge. The engagement which followed was a one-sided affair. The Spanish artillerymen were shot down before they had inflicted any damage, and their guns captured. All along the line the Spanish troops dropped fast before the unerring aim of the Americans, and when the latter charged, they broke and fled. The victors pursued with relentless eagerness, killing great numbers. In this battle the royalists lost nearly 1,000 men in killed and wounded, while the casualties on the side of the invaders were insignificant.^^ The battle of Rosillo, as it has been called^ was fought March 29, 1813.^" Gutierrez, who was still nominal commander, now moved on to San Antonio, and demanded an uncon- ditional surrender of the city. Nor was there any alternative; on April 1st the triumphant army took '^ Kennedy states that the loss of the Spaniards was 400 killed, a greater number wounded, and 73 taken prisoners; that of the victors, 9 killed and 25 wounded. Texas, i. 279. Bustamante and Alaman say that few of the Span- ish troops escaped to San Antonio. Cuad. Hist., i. 330-1; Hist. Mej., iii. 483. These writers depend for their statement on a manifesto published by Gutier- rez in Monterey, 1827; Campaflas de Calteja, 178; Cava, Tres Stylos, iv. 91. Guerra, ut sup., asserts that out of the 2,000 veterans and militiamen, collected from the provinces of Coahuila, N. Leon, and N. Santander, only 300 escaped. '* Yoakum calls it the battle of Eosalis, and states that the locality cannot be identified. 24 INVASION OF TEXAS BY AMERICANS. quiet possession of the place, Salcedo and Herrera, with their stafF-ofRcers, yielding themselves as prison- ers of war on condition that their lives should be spared. A provisional government was now formed, consist- ing of a junta composed of thirteen members elected by a popular vote, Gutierrez being appointed general- issimo and governor." The first question to be de- cided was the disposal of the prisoners, whose blood was loudly clamored for in expiation of the executions of Hidalgo and his companions, in whose capture Salcedo and Herrera had taken an active part. It was decided that they should be tried by court-martial, and as this was composed of members bitterly hostile to the royalist chiefs, the result was certain. They were all condemned to death. Nevertheless the horror and repugnance with which this sentence was received by the Americans rendered the open execu- tion of it a hazardous proceeding. So secret assassi- nation was resorted to ; under pretext of sending them to Matagorda for shipment to the United States, the prisoners, to the number of seventeen, escorted by seventy Mexicans, were marched out of San Antonio, and about a mile and a half below the town were stripped and bound in the bed of the stream and their throats cut. This butchery took place on the 5th of April. ^^ " Two members, Masicot and Hale, 'were Americans, the remainder Mexicans. Filisola, ut sup., 57. '' The odium of this atrocity has fallen upon Gutierrez, who endeavored to justify his action in the matter hy explaining that a. popular demonstra- tion against the prisoners was promoted by the intrigues of Jos6 Alvarez de Toledo — of whom more anon — and that they were delivered up by the guard in obedience to an order of the junta, without waiting for his instructions, and indeed, without his knowledge. Bustamante, Cuad. Hist., i. 332-3. The American accounts are very different. Gutierrez is charged with having secretly delivered up the captives, and with afterward defending his con- duct by classifying the murderous deed as a just reprisal for the loss of friends and relatives put to death by the royalists. Yoakum, ut sap., i. 169- 70. Consult also Foote's Texas, i. 188; Cancdada, Tel. Mex., 455-6; Gon- zalez, Col. Doc. N. Leon, 259-60, in which last authority a list of the victims is found by Gonzalez among the papers of Alejandro de Uro y Lozano. According to this document the date of the massacre is April 3d, and the number of victims that given in the text, though other less reliable authori- ties state that only 14 were put to death. Foote, followed by Yoakum, falls rURTHEE, FIGHTING. 25 When the atrocious deed became known to the Americans, all but the most hardened of the ruffians from the neutral ground were horrified and disgusted. They did not relish fighting in behalf of a people who had no respect for the usages of war, no feelings of common humanity. Kemper and Lockett abandoned the enterprise immediately and returned home, fol- lowed soon afterward by Ross. They were accompa- nied by a considerable number of the better class of volunteers. As for Gutierrez, he was arraigned before a tribunal and deposed. After the departure of Ross, Captain Perry, being highest in rank, took command. The Americans, now greatly reduced in numbers, were unable to continue active operations, and for a time gave themselves up to indolence and all kinds of dis- sipation. From these excesses they were suddenly ai'oused by news of the approach of another army sent against them under command of Colonel Ignacio Elizondo, the renegade who had betrayed Hidalgo. In this emergency Gutierrez, whose influence over the Mexican insurgents could not be neglected, was nominally reinstated in his command. Elizondo took up a position on a rising ground in sight of the city and near the little river Alazan. Contrary to the instructions to wait which he had received from Colo- nel Arredondo, who was also hastening up with the intention of operating in combination with Elizondo, the latter advanced against San Antonio alone. His force consisted of 1,500 men, besides a number of irregular troops of the country. Perry, to whom the command was intrusted, decided to attempt a, surprise. Silently marching out of the city on the night of the 19th of June, he approached Elizondo's encampment, which had been fortified by earthworks, and broke in upon it just at dawn, while the Spaniards were at into an error in stating that Corclero was one of those put to death. His name does not appear in this liat, nor that of Col Navarro — see Yoakum, ut miv., 169, note — which comprises 14 names, 10 only of which correspond with names given by Gonzalez. The truth is, Cordero was in Coahuila at the time, being governor of that province. 26 INVASION OF TEXAS BY AMERICANS. matins. The pickets were surprised, and the works mounted before the alarm was given in the camp. Then, however, a furious contest ensued, in which the Spaniards displayed great firmness and bravery. But the Americans, supported by 700 Mexicans under the command of a native named Menchaca,^' after an obstinate struggle, overpowered them and drove them in flight from the field. In this engagement a large number of Elizondo's men fell, his army was badly dispersed, and he escaped with but a handful of followers. The loss on the side of the victors was small,^" while the spoils in horses, mules, baggage, and munitions of war was very great. After this victory Gutierrez was again deprived of his command, doubt- less owing to the influence of the American officers, though he attributes his disgrace to the intrigues of Jose Alvarez de Toledo,^^ who arrived at San Antonio about this time, and to whom Gutierrez surrendered the command by order of the junta. Toledo was born in the city of Santo Domingo, of Spanish parents, and had been a deputy from the island of that name to the Spanish cortes at Cd,diz. His republican principles, however, got him into dis- grace, and he escaped to the United States, where, espousing the patriot cause, he occupied himself in promoting its interests in that country. In July 1813 he proceeded to San Antonio, and having been ap- pointed to the chief command, he reorganized the "Menchaoa was a man of vigor, bold and resolute, but rude and unedu- cated. He possessed great influence with the natives. '■" Bustamante, with the manifesto of Gutierrez before him, says the roysil- ists lost more than 400 men; the revolutionists 22 killed and 42 wounded. Cuad. Hist., i. 331. Yoakum, on the authority of McKim's manuscript, puts the loss of the Americana at 47 killed, and as many more wounded who after- ward died of their wounds. Ut sup., i. 172. ^' Bustamante, tit sup., 333-4; 6az. de Hex., 1813, iv. 1145. Gutierrez retired to Natchitoches, and remained about the neutral ground tUl 1816, when he went to New Orleans. Beau saw him at San Cdrlos, Tamaulipas, in 1825. In 1830 he was keeping a small saddlery store at his native town, then called Guerrero. Yoahrni, ut sup. , note. Thrall makes the unwarrant- able statement that Gutierrez captured Iturbide when he landed at Soto la Marina, and executed him in accordance with the decree of congress. Hist. Tex., 548; consult Hist. Mex., iv. 806-10, this series. ARREDONDO'S MOVEMENTS 27 junta and restored some degree of order to the civil government. Meantime the American division of the republican army had received considerable reenforce- ments ; for despite the unfavorable impression caused in the United States by the news of the late barbar- ous deed, the signal victories obtained over the enemy did not fail to attract adventurers. Thus the num- bers of the foreign element had been raised to its pre- vious standard, while the ranks of the native Mexicans were largely increased. The invading army was, moreover, amply supphed with weapons, artillery, and ammunition, which had fallen into its hands. Thus the prospects of the enterprise were cheering. But the unseen hand of destruction was already raised in the distance. At the time of Elizondo's defeat, Arredondo, who had been appointed by Calleja, then viceroy, pro- visional comandante general of the eastern internal provinces,^^ was at Laredo, whence, on receipt of the news of the late disaster, he issued orders to the dis- comfited commander to collect his dispersed troops and await his arrival. On July 26th he commenced his march from Laredo, and being presently joined by Elizondo with about 400 men, his army amounted to a total of 1,930 men, 735 of whom were infantry, the rest cavalry. He had also eleven pieces of artil- lery.^^ When intelligence of Arredondo's movements reached San Antonio, Toledo, whose appointment as commander-in-chief was approved by the American officers, marched out with all his forces to meet him. His army numbered over 3,000 men, and was com- posed of 850 Americans, about 1,700 Mexicans, and 600 Indian allies.^ Moving along the road to Laredo, 22 In 1813 the provincias intemas were again divided into the eastern and western. 23 Arredondo's report to Calleja, of Sept. 13, 1813, in Own. de Mex., 1813, iv. 1139,1148. Yoakum gives the exaggerated number of 4,000 aa the amount of his force. Ut mp., 174. Filiaola adds to Arredondo's numbers 80 artillery- men, making a total of 2,010. Mem. Hist. Guer. Tex., 67. 2*/i.; Gaz. de Mex., 1813, iv. 925, 1144. 2S INVASION OF TEXAS BY AMERICANS. on the 18th of August, he came upon the advance troops of the Spanish army shortly after crossing the river Medina, and the engagement began. Now Arredondo was fully informed by his scouts of the enemy's movements, and had leisurely and care- fully formed his plans. Elizondo was sent with a de- tachment well in advance, under orders not to enter into any serious engagement, but by simulating flight, lure the enemy within the Spanish lines, which, in that case, would be conveniently drawn up to receive him. He was to keep Arredondo promptly informed of all that took place in front. The ruse was fatally successful. Toledo's position as commander-in-chief was not an enviable one, it would seem. There appears to have been much jealousy and ill feeling displayed toward him on the part of Menchaca, whose influence with the Mexicans was unbounded. Toledo was regarded as a Spaniard, and looked upon with disfavor by the Mexicans, who bore it with ill grace to be commanded by a gachupin. It had been his wish to wait for the enemy on the left bank of the Medina, the advantage of which position was obvious ; but he had been out- ruled by both the Mexican and American ofiicers, who, flushed with their late victories, were eager for the fray. There was thus evidently a want of har- mony and confidence between the general and the native portion of his army, and perhaps this was the cause of his making a grievous mistake in forming his line of battle. Placing the Mexicans in the centre, he divided the Americans, and posted them on his right and left wings, under Perry and Taylor. When the opposing forces met, a smart fire of mus- ketry was sustained for a brief time, and then Eli- zondo, according to instructions, began to retreat, sending an aid at once to Arredondo, informing him of the position of affairs. The Spanish commander then sent a reenforcement with two small pieces of artillery under command of the reverend Lieutenant- DESPERATE BATTLE. 29 colonel Juan Manuel Zambrano,^^ who, however, re- ceived similar instuctions to confine his operations to decoying the enemy into the net that was being spread for him. Arredondo now drew up his column in line of battle. The ground, thickly wooded on each side of his line of march, favored his design, and his position was completely concealed. His troops were disposed in the form of an angle, with the open space presented to the enemy, his wings extending well in front and almost facing each other. ^^ When Zambrano arrived on the scene of action the royalists rallied, and for a short time the tide of battle seemed arrested. But they soon gave way again and retreated precipitately, abandoning their guns. The republicans, now confident of victory, and believing that they had engaged the whole royalist force, pressed hurriedly forward in disorderly pursuit. In vain Toledo, rightly fearful of an ambush, had ordered a halt and expressed his apprehensions to Menchaca and the American leaders; his wiser judgment was again oyerruled. As the flying troops kept concentrating themselves toward the apex of the ambuscade, the impetuous pursuers were soon drawn well within the fan-shaped lines of the enemy. Then burst forth on right and left of them a blaze of fire, leaping from levelled mus- kets and pointed cannon which struck them down by scores. Erelong most of the Mexicans were in full flight, but not before Menchaca had fallen on the 2* It seem that Zambrano had this military rank bestowed upon him in recognition of his services in conducting the counter-revolution at San An- tonio in 1811. ''■^ Yoakum states that Arredondo threw up a breastwork in the form of the letter V, with the apex in the road and the open end in the direction of San Antonio, and that this defence was concealed from view by an artificial chaparral constructed of branches. Utmp., 174. No allusion to such a pro- tection is made in Arredoudo's report of the battle, nor any Spanish authority that 1 have met with. Bustamante, on the contrary, says that the patriots came upon Arredondo's troops with such impetuosity that they had hardly time to form in liae. Cuad. Hint., i. 348. 30 INVASION OP TEXAS BY AMERICANS. field. ^' The brunt of the battle was now borne by the Americans and their steadfast Indian allies. And bravely they bore themselves in that death-struggle. It is all very well to call them outlaws, cutthroats, desperate adventurers, and savages, but the blood of their respective races was in them, and they scorned to yield. For four hours they maintained the unequal fight, and strived in vain to turn the enemy's flank. When nearly all were slain, a remnant of the obsti- nate band escaped from the field of slaughter — ^when their ammunition was spent ! Out of the 850 Ameri- cans who entered that gorge of death, only 93 effected their escape to Natchitoches.^ Among those who saved their lives were Perry, Taylor, and Captain BuUard, who had acted as aid to Toledo during the battle.^" The loss on the part of the royalists cannot be accurately ascertained. Arredondo, in his returns, reports 55 killed, 178 wounded, 2 missing, and 175 hurt by contusions; but considering the obstinacy with which the Americans maintained the fight for four hours, and their skill in the use of the rifle, I hesitate to accept these numbers as worthy of credit.^ This defeat was a death-blow to the republican cause in Texas, and it was attended with all the horrors ever observed by the royalists on the occasion of a ^ American writers fall into many errors by relying too implicitly on the versions of their countrymen on Texan affairs, without consulting Mexican authorities. Young boldly states — Hist. Mex., 97 — that Menchaca — called by him and other American authors Manchaco — at this crisis drew off his men and retired, and that afterward, ' unable to bear the reproaches heaped upon him — or acting upon a concerted plan — went over to the Spaniards with such information relative to the condition of Toledo's force as precluded the possi- bility of attempting to continue the war. ' Now Arredondo, in his report, makes especial mention of Menchaca as one of the dead found on the battle- field. Gaz. de Mex., 1813, iv. 1143. I call attention to this error as an illus- tration of others committed by him and American historians of Texan affairs, and which are far too numerous to be specially noticed. ^* Arredondo says that more than 1,000 corpses were counted on the battle- field, the greater portion being Anglo- Americaois — 'la mayor parte angle americanos. ' lb. '^"Yoakum, ut sup., 175. The authorities consulted for the description of this ' battle of the Medina ' are numerous, but more general reliance has been placed on Arredondo's full report of it to the viceroy, copy of which will be found in Oaz. de Mex., 1813, iv. 1139-51. "" Bustamante says: ' Este gefe perdid en muertos y heridos mucha geute.' Cuad. Hist., i. 349. DEFEAT OF THE AMERICANS. 31 victory during the war of independence. In the pur- suit every fugitive overtaken was ruthlessly sabred or lanced ; the captured were immediately shot,^^ and for weeks an exterminating persecution was carried on. Toledo, badly wounded, made his escape to the United States, where he still endeavored to further the patriot cause, which resulted in his being indicted for attempting to inaugurate another expedition against Mexico. Defeated in other attempts against Spain, he finally submitted to the king, reentered his service, and was appointed ambassador to the court of Naples by Ferdinand VII.^^ It has been charged against Toledo that he had a secret understanding with the Spanish minister at Washington, that the removal of Gutierrez was owing to his intrigues, and that this triumph of the royalists was achieved through his perfidy.^* But Alaman, with more justice, con- siders such accusations groundless, and believes that Toledo acted in good faith. ^* When victory had declared itself for the royalists, Elizondo was sent in advance with 200 cavalrymen to occupy San Antonio, whence many of the families had fled on receiving news of the disaster to the republi- can cause. Arredondo entered on the following day, and then despatched Elizondo with 500 men against Nacogdoches, and in pursuit of the fugitives. He held his way as far as Trinidad, whence he sent a de- tachment to Nacogdoches. Having thoroughly swept through the country, capturing and shooting a large number of unfortunates,^'' he commenced his return to '^ Arredondo, writing from the field of battle at four o'clock in the after- noon, states that about 100 had been captured and already shot, most of them Americans. Oaz. de Mex., ut sup., 926. '^Alamam, Hist. M6j., iii. 491-2. Toledo, before his defection, had been an officer in the Spanish navy. Id. , 487. ss'Este triunfo. .. fu6 debido i, la perversidad de aquel malvado' — that is, Toledo. B-Mamante, Cuad. Hist., i. 334. This author evidently did not regard Toledo with favor. See his note on the following page. ^Hist. Mij., iii. 488. ^^ Elizondo, in his report to Arredondo, states that he shot 71 insurgents, and brought with him 100 prisoners and as many women. Oaz. de Mex., 1813, iv. 1162-3. Bustamante places the number of those shot at 74. Cuad. Hist., i. 349. 32 INVASION OF TEXAS BY AMERICANS. San Antonio, and reached the river Brazos about Sep- tember 1 2th. But the hand of retribution was raised to strike him. The severity of his executions and the frequency of them had so affected the mind of Miguel Serrano, a lieutenant of his troop, that he lost his reason. Possessed of the idea that Elizondo in- tended to shoot him also, on the arrival of the division at the Brazos, he assailed him and his cousin, Isidro de la Garza, while reposing in their tent, killing the latter immediately, and mortally wounding Elizondo. Conveyed in a litter, he reached the river San Marcos,, where he died, and was buried on its banks.^® Arredondo remained for several months at San Antonio, his attention being principally directed to the subjugation of hostile Indians. In October, Colo- nel Cayetano Quintero was sent to Nacogdoches against the Lipans, and attacking their A'illage of more than 300 lodges, constructed of hides, routed them, and captured most of their household goods. Successful excursions against other tribes were also undertaken; and Arredondo, having appointed Cris- t6bal Dominguez governor of the province, left there about March 1814, and took up his headquarters at Monterey. For some time, all the other northern provinces having also been pacified, Texas remained undisturbed by revolutionary attempts. ^^ '^Ib.; Soc. Mex. Oeog., 2a ep., ii. 630-1. 3i(?nz. de Mex., 1814, v. 27-31, 37-9, 804-5, 814^16, 820-1. In order to prevent other similar invasions of Texas by U. S. citizens. Gov. Claiborne of Louisiana issued a proclamation at New Orleans, March 23, 1814, prohibiting such illegal proceedings. Id., 871-2. Filisola asserts that Benito Armiuan was made governor. Mem. Hist. Guerra Tej., 79. I have taken Alaman as my authority. Hist. Mej., iii. 493. CHAPTEK III. PRIVATEERING, PIRACY, AJJD INVASIONS. 1815-1821. The Asylum op Mexican Refttgees — Herreea's Privateerino Scheme — A Republican Government Established at Galveston— Havoc Inflicted on Spanish Commerce — Arrival of Mina — Aury and Perry — The Descent on Soto la Marina— Perry's March to Texas — Destruction op his Band — Aury at Matagorda Bay — He Leaves Texas for Florida — The Pirate op the Gulf and the Barratarians — Galveston Occupied by Lafitie — A Spurious Gov- ernment — Piratical Depredations — Lapitte Expelled from Gal- veston — His Biography — Lallemand's Champ d'Asile — Settlement of the Boundary Question — Long's Invasion — Texas Declared a Republic — Destruction op the Expedition. After this rushing blow, the condition of Texas was deplorable. Many of the inhabitants had fled and taken refuge on the frontier of Louisiana, Daven- port^ and other United States settlers had left the country; their crops were destroyed, their cattle car- ried off, and their houses burned. The spirit of in- surrection was suppressed for years, and it was only by the advent of a new race that vitality was again inspired into the province. Besides those revolutionists who escaped from Texas, other refugees from different parts of New Spain made the United States their home during their exile, and there tried to further the independent cause, by collecting troops and arms for another invasion. Nor ^ In the indulto which was proclaimed Oct. 10, 1813, the settlers Daven- port, Dortolan, and Gerard were excepted, as also 'I'oledo, Gutierrez, and others. The government would reward those who put them to death. Oaz. de Mex., 1813, iv. 1248. Hist. N. Mex. States, Vol. II. 3 (33) 34 PRIVATEEEINa, PIRACY, AND INVASIONS. was the field of these indirect operations an ill-chosen one. A wide-spread sympathy with the patriots in Mexico prevailed in the United States, and but for the vigilance of the government, thousands of volun- teers would have accepted thp invitation of these refugees. Even as it was, there were not wanting numbers of bold men ready to take all risks and en- gage in the illegal enterprise of invading such a land of promise. Conspicuous among them was Colonel Perry, with whom the reader is already acquainted, and who published a proclamation in the New Orleans papers in 1815, to the effect that an expedition was m preparation to invade Texas; that 1,000 men were ready to engage in the enterprise, and setting forth the worthiness of the cause, and the honor and profit that would attach to those who would fight for the Mexican patriots. Of this the United States gov- ernment appears to have taken notice, and September 1st of the same year President Madison issued a proclamation prohibiting such unlawful enterprises.^ Although any important undertaking was prevented by the watchfulness of the authorities, Perry escaped their vigilance, and late in the autumn made his way beyond the Sabine with a small party which formed a nucleus. At this time Josd Manuel de Hererra, who had been appointed minister to the United States by Morelos, was residing in New Orleans, and in con- junction with other partisans of the revolutionists, conceived the idea of preying upon the commerce of Spain by a questionable system of privateering. Aware of the suitability of Galveston harbor for his purpose, and recognizing the advantages it offered as a rendezvous for future expeditions in aid of the inde- pendent cause, he sailed thither September 1, 1816, ' Niles' Reg., viii. 436; ix. 33-4. During the same year also Toledo, Julina Ceesar Amazoni, Vincent Gamble, John Eobinson, Romain Very, Pierre Sseme- 80n, and Bernard Bourdin were indicted in the U. S. district court of Loui- siana for attempting to violate the neutrality of the Union. Amer. State Papers, xi. 307. AUEY AS GOVERNOR. 35 ■with Luis de Aury,' whom he appointed commodore of the fleet of the republic of Mexico. At a meeting held at Galveston, September 12, 1816, Herrera, by virtue of his office as minister plenipotentiary of the republic of Mexico to the United States, formed a government. Commodore Aury was made civil and military governor of the province of Texas and the new establishment, and took the oath of allegiance to the Mexican republic; the several branches of public administration were arranged ; Galveston was declared the estabhshed port of the republic, and the flag hoisted; and on the 16th Herrera appointed the necessary authorities, and established a treasury. By October the 20th their system of government was completed, Aury being authorized to form regulations for the navy, as well as to move the new establish- ment and his seat of government to Matagorda, or any other more suitable place, in case of necessity. A court of admiralty, moreover, was formed, which adju- dicated in the matter of captured vessels. The royalists in Texas were in no position to oppose the proceedings of Aury ; there were not more than 200 men stationed in the different posts throughout the province, and the insular situation of the invaders rendered them unassailable. Perry soon joined with nearly 100 recruits, and other reenforcements arriving, the community before long numbered 400 men. The privateers, sent out to cruise in the gulf, inflicted great havoc upon Spanish commerce, and as the prizes were generally richly laden, the adventurers wanted for nothing. General Bernardo Gutierrez, being stationed as their agent at Natchitoches and liberally supplied with money, rendered valuable aid. Among the followers of Aury were many of the old ' Aury entered the service of the republic of New Granada as lieut of the navy in May 1815, and was appointed commandant general of the naval forces stationed at Cartegena, Aug. 10th of the same year. During the siege and blockade of that place he rendered signal services by saving the lives of nearly 3,000 persons, and a portion of the naval force, by breaking through the royalist squadron, Deo. 6, 1815. 36 PRIVATEERING, PIRACY, AND INVASIONS. Barratarian freebooters, who were not always particu- lar as to the nationality of the vessels they attacked. Moreover, no few Spanish slavers were captured, and though the introduction of slaves into the United States was illegal, it was effected by aid of the Barra- tarians — so well acquainted with the outlets of the Mississippi — and the cooperation of citizens in Louisi- ana,* who would repair to Galveston and select and purchase their lots of human merchandise, which were punctually delivered. Many of the privateers which swept the gulf during this period, and brought their prizes to Galveston, were owned by United States citizens. In November, Javier Mina ^ arrived with over 200 men and supplies of ammunition in three vessels, which increased the fleet to over a dozen sail. The advent of this unfortunate leader was attended with disastrous results to Aury's undertaking, and the shadow of his ill-starred fate fell on many of the adventurers at Gal- veston. But it is invidious to weigh his destiny with those of others. Had the chiefs at Galveston been in accord with him, his enterprise might have succeeded. But jealousy broke out among them. Perry, bold and headstrong, dazzled by the greatness of Mina's undertaking, was ready to join him in the invasion of Mexico, while Aury, who had raised his force for the conquest of Texas, would not yield hearty cooperation. The disagreement between Aury and Perry daily in- creased, till at last the latter, disclaiming the authority of the former, wished to place himself and his company of 100 men under Mina. Bloodshed was threatened; but as Perry's men stood firmly by him, Aury deemed it prudent to yield. Four months were passed in organizing and drilling * Beverly Clew, the collector at New Orleans, writes to tlie secretary of state, Aug. 1, 1817: 'I deem it my duty to state that the most shameful violations of the slave act, as well as our revenue laws, continue to be prac- tised with impunity, by a motley mixture of freebooters and smugglers, at Galveston, under the Mexican flag.' Id., 347. See also pp. 352, 354-5, 377. ''For particulars of Gen. Mina's career, consult Hist. Mex., iv. 659 et seq., this series. MINA'S OPERATIONS. 37 the troops, and then, some correspondence having been intercepted on board a Spanish vessel from Tampico, Mina decided, from the information thereby obtained, to make a descent upon Soto la Marina. Having burned down what buildings they had erected, they weighed anchor April 6, 1817.* When they arrived at Soto la Marina, Aury, chagrined at the position which had been imposed upon him, having landed Mina's force, detached himself from the expedition and again turned his prows toward Texas.' Soto la Marina fell into Mina's hands without op- position. His future operations down to the time of his capture and execution at Los Remedios have been fully narrated in another volume,^ and as those events are not connected with the history of Texas I shall not repeat them. It may be interesting to the reader, however, to know the fate of Perry. When Mina had made every preparation to march into the interior. Perry, convinced of the rashness of making the attempt with a force amounting to only 300 men, also abandoned the foredoomed leader, and with his usual recklessness determined to force his way back to the United States by land. With Major Gordon, and about fifty others of his company whom he induced to join him, he commenced his dangerous march, and, incredible though it seems, reached La Bahla in Texas. Though his force was reduced to forty in number, he did not hesitate to demand the surrender of the place. The appearance, however, of a squadron of more than 100 cavalrjrmen, sent in pur- suit of him, compelled him to retire in the direction of Nacogdoches. Being overtaken by the enemy, he ^In a memorial addressed to the president of the United States by Vicente Pazos, relating to Aury'a operations, this is the date given. Amer. State Papers, xii. 409. Other authors give March 27th, but Pazos' date is in every proba- bility correct. Consult Zamacois, Hist. Mej. , x. 265, note. ' For this account of Mina's arrival at Galveston, the dissensions of the chiefs, and other particulars, consult Alaman, Hist. MiJ., iv. 553 et seq.; RoUnsmi's Mex. Rev., i. 121-5; Gonzalez, Col. Doe., N. Leon, 353-5; Kennedi/s Tex., i. 292-3; Yoakum's Hist. Tex., i. 182-5; Amer. State Papers, xi. 346. xii. 408. * Hist. Mex., iv., ch. xxviii., this series. 38 PRIVATEEMNG, PIRACY, AND INVASIONS. took up a position at nightfall in a wood called El Perdido, and when summoned to surrender, declared that he and those with him would all die first. At dawn an attack was made. Though surrounded on all sides, the dauntless band twice repulsed the enemy and fought its way to a rising ground on the banks of a stream. And here, when their ammunition was exhausted, they fell, Perry blowing out his brains with a pistol at the end of the fight,^ rather than sur- render to the foe. When Aury reached the Texan coast, he put into Matagorda Bay, and throwing up wooden buildings on an islet lying between the isla de la Culebra and the isla del Bergantin, appears to have remained there about two months. During this period he probably sent out cruisers, which from time to time brought in prizes." In July, however, he received news of the undertaking directed by General McGregor against the Ploridas,^^ and decided to cooperate with him. Accordingly, having destroyed seven of his vessels,^^ he returned to Galveston, which port he reached about the middle of July. On the 2 1st of the same month ' This account is taken from the report of the encounter to the -viceroy Apodaca, by Antonio Martinez, iu command of the Spanish troops. Martinez states that after the fight was over, 26 men lay dead on the field, 12 were mortally wounded, and 2 were unhurt. These last were shot. He enumer- ates the weapons taken, consisting of 27 muskets, 4 escopetas, 12 bayonets, 1 pistol, 4 sabres; also 11 cartridge-boxes; but he makes no mention of any ammunition. As he remarks that all the wounded were 'atravesados de lanza,' it would seem that Perry's men were nearly all killed by the lance after their ammunition had failed. Oaz. de Mex., 1817, viii. 787-9. Linn's account of the death of Perry is incorrect; I regard the report of the Spanish commander as conclusive. '" Antonio Martinez, who had succeeded Dominguez aa governor of Texas, on the report of Aury's arrival, sent out a corps of observation, and 13 vessels were counted anchored in the bay. Id., 1817, viii. 987-8. ^^ Amer. State Papers, xii. 409. Sir Gregor McGregor was a general of brigade in the service of the revolted provinces of New Grenada and Vene- zuela. On March 31, 1817, he received his coramisaion to undertake the conquest of the Floridas. Copy of translation wiU be found iu Id., xii. 421-2. '2 Doubtless his useless prizes. Juan de Castafieda, who had been sent with 30 men to examine the destroyed craft, reported July 21at that all were utterly demolished except two which were dismasted and full of water. One of these was loaded with cotton and dye-wood, and the other with material of war. See the report in Oaz, de Mex., 1817, viii. 987-9. THE PIRATE OF THE GULF. 39 he addressed a note to Manuel Herrera — who had long before returned to New Orleans — in which he stated that to make a diversion for the benefit of the cause they were supporting, he had determined to abandon the establishment at Galveston, and that he should take with him the judge of the admiralty court, the administrator of the customs, and all con- stituted authorities. He moreover notified him that all proceedings after July 31st were to be considered as having taken place without his consent and con- trary to his will, and that therefore every transac- tion not signed by Pedro Rousselin, the collector, who would accompany him, was to be held as illegal/' Aury adds that he would have left a lieutenant-gov- ernor and a deputy collector, but he feared that they would not have force suflBcient to maintain order or prevent the commission of acts in violation of the law of nations." A few days after, he spread his sails, bound for the Floridas.^^ He had found the island occupied by Lafitte, the Pirate of the Gulf. Jean Lafitte, the eldest of three brothers, is reputed to have been born in Bordeaux, France, about 1780. So varied and contradictory are the accounts given of his early life that no credence can be attached to any of them. It is not untU the smugglers, or pirates, if such you choose to call them, had well established themselves on the island of Barrataria that his career is known with any certainty. This island, formerly called Grand Terre,^* is situated at the mouth of a lake about sixty miles west of the delta of the Missis- ^ He addressed a note of the same tenor, July 28th, to Beverly Clew, , collector of customs at New Orleans; and a duplicate of it on the 31st, dated at sea. Amer. State Papers, xi. 355. " See copy of letter in Id., xii. 423-4. '* After serving the cause of the patriots for some years, A.ury returned to New Orleans, and being a man of fine appearance, married a rich widow, from whom, however, he was separated some time afterward. As late as 1845 he was residing at Habana. Yoakum's Hist. Tex., i. 194; United Service Journal, 1852. ,j^ ,, J " It received the name Barrataria, derived from ha/rat, an old French word, from which also is derived barratry. 40 PRIVATEERING, PIRACY, AND INVASIONS. sippi. About the year 1810 it became the rendezvous of smugglers, freebooters, and desperadoes of different nationalities, who found an easy disposal of their ill- gotten goods at New Orleans. Among these Lafitte soon became preeminent, by reason of his superior tal- ent in conducting their nefarious enterprises, and his power over the other chieftans became almost absolute. Governor Claiborne, in view of the demoralizing effect which the traffic had upon the commercial community at New Orleans — for many large houses were in col- lusion with them — issued, in March 1813, a proclama- tion ordering them to disperse. This had no effect, so he placed a reward of 500 dollars on the head of Lafitte, which the latter treated with such contempt as to offer thirty times the amount for the governor's head. Claiborne then tried force, and again was un- successful. Lafitte surrounded the troops sent against him — and dismissed them, loaded with presents! This state of affairs being reported to President Madison, Commodore Patterson of the United States navy was ordered to destroy this hornets'-nest, and in June 1814 he arrived before Barrataria with gun- boats and the schooner Caroline. The pirates, in seven fine armed cruisers and a felucca, manned by nearly 1,000 men, at first made a show of resistance, but finally abandoning their vessels, made for the land and dispersed among the swamps. Patterson took the surrendered vessels and all the spoils of Bar- rataria to New Orleans. This broke the backbone of the community, whose leading spirit was the Pirate of the Gulf. But he was still at large, and as the outlying cruisers kept return- ing, business was still carried on secretly. When the British approached New Orleans, in the autumn of this year, overtures were made to Lafitte, with most tempting offers of rank in the British navy and a large sum of money, if he would join the service. Lafitte asked for time to consider, which was granted, and he sent without delay the written proposals Avhich he had LIFE OF LAFITTB. 41 received to Governor Claiborne, witli an offer of his services to the United States, on condition that he and his followers should be no further molested. His offer was accepted ; and at the battle of New Orleans, he and his men did such good service, that a pardon was granted them by President Madison." Little is known of Lafitte's movements during the next two years. Precluded from carrying on depre- dations with his headquarters on United States terri- tory, he seems to have cruised about the gulf, and endeavored, though unsuccessfully, to establish him- self at Port au Prince.^^ A few days, however, after the departure of Aury from Galveston for Soto la Marina, Lafitte appeared at the island with his pri- vateers. The number of his followers was then about forty, and on the 15th of April, 1817, these freebooters proceeded to establish a government, with the object of "capturing Spanish property under what they called the Mexican flag, but without an idea of aiding the revolution in Mexico, or that of any of the Spanish revolted colonies." ^ It seemed good, however, to imitate the policy of Aury in order that their lawless captures might be introduced into Louisiana with less trouble. Accordingly the captains of the cruisers met and elected the different members of their government. Louis Derieux was made governor and military com- mandant; A. Pironneau, adjutant commandant; J. Ducoing, judge of the admiralty ; Pedro Rousselin,'" collector of customs; Raymon Espagnol, secretary of the treasury and notary public; and Jean Jannet, marine commandant. That no formality might be wanting, the oath of fidelity to the Mexican republic was taken. The governor was first sworn by Luis "Dated Feb. 5, 1813. Consult Toalmm's Hist. Tex., i. 186-90; Babi Mar- hols, Hist. Louis., 382-4, Eng. ed.; Kennedy's Tex., i. 288-9; Oayarri, Hist. Louis., Am. Dom., 289-90, 302-6, 312-16, 356-7, 411, 504; Dermcratic Review, vi. 34. ^^Amer. State Papers, xi. 351. "Raymon Espagnol's testimony, in Id., xi. 359. ''" Rousselin was Aury's collector, and had been left by him with an advice boat to report arrivals of privateers to him. 42 PRIVATEERING, PIRACY, AND INVASIONS. Iturribarria, and the others then took the oath to the governor.^^ On the 20th of the same month, other craft having arrived, the captains and owners of them, to the number of seventeen, were convened on board the schooner Jupiter. The appointments were con- firmed, and regulations made concerning the disposal of the duties that should accrue from prizes. The proceedings were drawn up and signed by those pres- ent before the secretary pro tem, Lafon. Under the auspices of this worthy administration, Galveston soon became the asylum of refugees from justice and desperadoes of every nationality and dye. By the end of the year, Lafitte's followers numbered nearly 1,000 men, and their depredations in the gulf were carried on to such an extent that Spanish com- merce was almost swept from that sea. But this was not all ; the vessels of other nations became the prey of these pirates. The United States government would have broken up the nest but for the opposition of the Spanish minister Onis. The boundary question had not yet been settled, and it was feared that if the government at Washington dispersed the buccaneers from Galveston by armed force, it would retain pos- session of the island. ^^ Thus for years the Pirate of the Gulf remained unmolested. On the site where the city of Galveston now stands he erected a fort, and built himself a house, around which numerous other edifices soon sprung up, forming a busy settlement, which he named Campeachy. On the 9th of October, 1819, Galveston was declared a port of entry of the republic of Texas, which had lately been proclaimed by the leaders of another expedition into the country, and Lafitte was made governor of the place. Shortly afterward one of his followers, named Brown, robbed an American vessel near the Sabine, and being pur- '^^Id., xi. 358-9, 386-7. It will be noticed that Lafitte's name does not appear. But there is evidence that he was present. Consult Id., xi. 349. He probably did not choose, from policy, to have his najue used. This is Yoakum's opinion. ^'' See the objections raised by Onis, Dec. 6, 1817, when informed of meas- ures taken by the president to suppress these marauders. Id., xii. 11. APPAmS AT GALVESTON. 43 sued by the United States schooner Ijynx, Captain Madison, he abandoned his boats and escaped with the crews to land. The Lynx sailed to Galveston, and Lafitte summarily hanged Brown. Madison was satisfied with this prompt measure, and with the dis- position shown by Lafitte to bring the other culprits to justice.^ But in the following year another Amer- ican vessel was taken by one of Lafitte's cruisers and scuttled in Matagorda Bay. The government at Washington sent a commission to inquire into the case, and the report being unfavorable to Lafitte, the Enterprise, Lieutenant Kearney, was sent early in 1821 to break up the Galveston establishment. Kearney visited the freebooter in his home, where he was hospitably entertained. Lafitte, aware of the in- flexible determination of the United States govern- ment, proceeded to obey its orders. He destroyed his fortifications, paid off and disbanded his men, and on board his favorite vessel, the Pride, sailed away forever from the shores of Texas. ^* ^See the correspondence on this matter between Capt. Madison and Lafitte, in Niles' Eeg., xvii. 395-6; also A Day toitk Lafitte, in Democratic Review, vi. 40. ^* Lafitte persistently maintained that he only made war on Spanish ves- sels. According to an account given by an officer of the Enterprise, who accompanied Kearney on a visit to Lafitte, the freebooter gave at table the following sketch of his life as a pirate, and the cause of his adopting this career: he stated that 18 years before he had been a, merchant at Santo Domingo, and that having become rich, he wound up his affairs, sold his property, bought a ship, and freighted her with a valuable cargo, including a large amount of specie. Having set sail for Europe with his wife on board, he was captured, when a week at sea, by a Spanish man-of-war, and robbed of everything he possessed. The Spanish captain had the inhumanity to set him and the crew ashore on a barren sand key, with provisions for a few days only. They were taken off by an American schooner and landed at New Orleans, where his wife died in a few days from fever, contracted by hardship and exposure. Lafitte, in desperation, joining some daring fellows, and hav- ing purchased a schooner, declared eternal vengeance against Spain. ^ For fifteen years, ' he said, ' I have carried on a war against Spain. So long as I live I am at war with Spain, but no other nation. I am at peace with aU the world except Spain. Although they call me a pirate, I am not guilty of attacking any vessel of the English or French.' Id., 42. The same writer describes Lafitte ' as a stout, rather gentlemanly personage, some five feet ten inches in height, dressed very simply in a foraging cap and blue frock of a most villanous fit; his complexion, like most Creoles, olive; his countenance fuU, mild, and rather impressive, but for a small black eye, which now and then, as he grew animated in conversation, would flash ia a way which im- pressed me with a notion that " H Capitano " might be, when roused, a very 44 PRIVATEERING, PIRACY, AND INVASIONS. After the fall of Napoleon, a number of French officers who had followed his fortunes retired to the United States, where they were kindly received. On the 3d of March, 1817, congress bestowed on these refugees a grant of 92,000 acres of choice land in Ala- bama, on the condition that the settlers should intro- duce the cultivation of the vine and olive. The terms of the grant were so favorable^* as to make it equiva- lent to a gift. Nevertheless, the colonists being mili- tary men failed of success, and most of them sold their portion of land for a mere trifle. Thus the gen- erous intention of the United States congress to ben- efit a number of unfortunate persons and promote their welfare resulted in the enriching of a few spec- ulators.^^ Some of the grantees attributed their failure to the climate, and sought for more genial localities. Among these were generals Lallemand and Rigault, who believed that they would find in Texas all the requirements for the establishment of a successful colony. Having addressed to the court of Spain a note declaring their intention, and having received no reply to their communication, which could only be regarded as imiaertinent,^' they proceeded to carry out their design. Accordingly, in March 1818, Lallemand, leaving a younger brother, Dominique, at New Orleans to for- ward supplies, sailed with 120 settlers, and having "ugly customer." His demeanor toward us was exceedingly courteous.' Later he remarks: 'He was evidently educated and gifted with no common talent for conversation. ' Lafitte continued to cruise on the Spanish main for several years. Occasionally he visited Sisal, and the island of Jlargarita, near the mouth of the Oronoco. He died in 1826 at Cilim — properly written Dilam, and incorrectly Silan, as in the American Cyclopaedia, sub nom. Lafitte — a town in Yucatan, and was there buried in the campo santo. Yoahim, ut sup., 204; De Bow's iievieii), Oct. 1851. ^^ The land was sold to them at $2 per acre, payable in 14 years without interest. Niks' Reij., xiv. 393. ''^ One speculator was said to have made between $500,000 and |1, 000,000 by these land transactions. Id.: LejChamp d'Asile, 14^15. '-" They wrote thus: ' Que si la cour d'Espagne acquiesfait k leurs demande, elle pouvait compter sur leurs services et leur fiilelit^. Que, dans le cas contraire, ils pronteraient du droit que la nature accorde k tout homme de fertiliser des solitudes incultes, et dont personne n'est autorise a lui disputer la possession. . .Qu' enfin ils ^taient d^termin^s, quelque chose qui arrivSt, k Be fixer dans la contr6e du Texas.' Id., 18-19. COLONIZATION. 45 entered the bay of Galveston, selected a spot on the Trinity River, about twelve miles above its mouth, and began to fortify the post. On May llth a decla- ration was issued by the colonists, in which they set forth that, having been driven from their country by a series of calamities, they had determined to seek an asylum, and that finding lands unoccupied, they con- sidered that they had the right to establish themselves thereon. They proceeded to state that their inten- tions were peaceable, but that, if persecuted, they would justly defend themselves; the land they occu- pied would see them prosper or bravely die. The colony, to which they gave the name of Champ d' Asile, was essentially an agricultural and commercial one, but for its preservation it would be conducted under a military system.^^ Such were their senti- ments and intentions, but the soldier does not make a good agriculturist. Moreover, a drought set in and rendered abortive their first efforts. Neverthe- less, as game was abundant, they managed to subsist for a time, and established a petty traffic with the Indians ; but when a Spanish force marched against Champ d' Asile, the feeble colony, reduced by priva- tions, was in no condition to resist,^^ and retired to Galveston. Lallemand returned to the United States, but the fate of his followers is unknown. It is prob- able that most of them cast their lot with Lafitte's desperadoes, a few only reaching the United States. During the period from 1809 to 1815 no diplomatic relations existed between the United States and Spain. In June of the first-named year Luis de Onis had been appointed envoy extraordinary to Washington by the Spanish suprema junta central, a provisional government which the United States could not ac- knowledge, nor was it until December 1815 that Onis 28 Copy of declaration will be found in Id., 44-7, and a translation in Niles' Eerj., xiv. 394. , „ „ , '^'^BarU Marhok, Hist. Louis., 396-8; Noticmo Gen., Feb 12, 1819, 4. 46 PRIVATEERING, PIRACY, AND INVASIONS. was formally recognized.*' Relations having tlien been restored, the Louisiana boundary question be- came a matter of serious consideration. The settle- ment of the dispute between the two powers as to the right of ownership to Texas became involved with the negotiations that had taken place for the cession of the Floridas to the United States, and the two questions were now to be treated in combination. The discussions which ensued were very lengthy, extending over three years, and numerous proposi- tions and counter-propositions were made.^^ Terms of agreement were finally arranged, and on February 22, 1819, a treaty was signed by Onis and the American secretary of state, by which the Flori- das were ceded to the United States, and Spain retained possession of Texas. The boundary line between the United States and the Spanish posses- sions, as defined in the third article of the convention, was as follows : it was to begin at the mouth of the river Sabine, continuing north along the western bank of that river to latitude 32°; thence by a line due north to the degree of latitude where it strikes Red River; then following the course of that river west- ward to longitude 23° west from Washington ; crossing said river, it was to run by a line due north to the Arkansas, following the southern bank of that river "> Onis, Mem. Negoc., 1-2; Armr. State Papers, xi. 54. °' The correspondence and documents relating to the opposing claims to the possession of Texas will be found in Annals of Cong., 1819, ii. 1629-2131. The claims of the U. S. that Texas formed a part of Louisiana were based on the possession taken and establishment made l)y La Salle in 1685 at San Ber- nardo Bay; the charter of Louis XIV. to Crozat in 1712; the geographical authority of De Lisle's map, and more especially that of Tomas Lopez, geographer to the king of Spain, published in 1762; the map of Homann, published at Nuremburg in 1712, and a British official map published by Bowen in 1755, intended to point out the boundaries of British, Spanish, and French colonies in North America; also on geographical works and narra- tives, especially the accounts of Hennepin in 1683; of Fonti in 1697; and of Jontel in 1713— pp. 1757-8. Onis endeavors to show that these supports were without foundation, claiming priority of discovery, and the establish- ment of the province of Texas in 1690. Mem. Negoc., 48-57. A long review of the U. S. claims to Texas, wherein the author seeks to prove that Texas never formed any part of Louisiana, and that the cry of 're-annexation,' raised 20 years later, was an attempt at a ' gross infraction of a previous treaty,' will be found in Orattan's Cen. Amer., 254-82. TREATY WITH SPAIN. 47 to its source in latitude 42° north; and thence by that parallel to the Pacific.*^ The king of Spain, however, failed to ratify the treaty within the six months prescribed, and when he ratified it, October 24, 1820, the controversy was renewed, the United States being strongly disinclined to recognize the late convention. The treaty . had from the first caused wide-spread dissatisfaction, and there was a strong party which not only regarded the cession of Texas for the Floridas, as the exchange of a valuable territory for an inferior one, but as a vio- lation of the fundamental principle of the United States never to relinquish territory. The demurrers to the treaty, insisting on the justice of the claim to Texas, considered the action of the government in making the convention unconstitutional, and that the equivalent to be given by Spain was inadequate.^* Another year having been passed in profitless discus- sion between the two governments, congress, on the 19th of February, 1821, consented to and advised the president to ratify the treaty. On the 28th of the same month John Quincy Adams informed the Spanish envoy that President Monroe had accepted the ratification. The reader will not have failed to observe with what signal want of success all attempts to occupy or colonize Texas by force of arms were attended. I have stUl to record another instance of like failure. In Natchez the angry feeling aroused by the treaty of February 1819 was exhibited in a practical man- ner, A meeting of the inhabitants was held, for the »* Annals of Cong., 1819, ii. 2130 et seq., where a copy of the treaty -will be found. 8» Henry Clay, a few days before, April 3, 1820, submitted the following resolutions to the house: "ihat the constitution of the U. S. vests in con- gress the power to dispose of the territory belonging to them, and that no treaty purporting to alienate any portion thereof is valid without the con- currence of congress;' and 'that the equivalent proposed to be given by Spain to the U. S. in the treaty. . .for that part of Louisiana lying west of the Sabine was inadequate; and that it would be inexpedient to make a trans- fer thereof to any foreign power, or renew the aforesaid treauy.' Annala of Cong., 1820, ii. 1719. Arguments in support follow. " 48 PRIVATEERING, PIRACY, AND INVASIONS. purpose of organizing an expedition in aid of the rev- olutionary party, and James Long*** was appointed leader of the enterprise. Long entered into the un- dertaking with enthusiasm, and in June started from Natchez with about seventy -five followers for Nacog- doches. His numbers were rapidly increased, and soon after his arrival at that place he could muster over 300 men, among whom may be mentioned Ber- nardo Gutierrez and Samuel Davenport. He imme- diately proceeded to establish a civil government, under the control of a supreme council invested with legislative powers. The council was composed of Horatio Biglow, Hamlin Cook, W. W. Walker, Ste- phen Barker, John Sibley, Samuel Davenport, John G. Burnett, J. Child, Pedro Procello, and Bernardo Gutierrez. General Long was chosen president. On June 23d the supreme council declared the province a free and independent republic.^* In the preamble it was set forth that the citizens of Texas had fong indulged the hope that, in the settlement of the boun- dary question, they would be included within the limits of the United States. The recent treaty, however, with Spain had dissipated this illusion, and they saw themselves abandoned to the dominion of the crown of Spain. They had therefore resolved, under the blessing of God, to be free. I must remark that these ' citizens of Texas ' were comprised of a few American settlers, who had gradually encroached upon the ter- ritory and been unmolested. Various laws were next enacted for the organization of the new republic, and the raising of revenue by the sale of public lands. ^® '* James Long was bom in Virg nia, and having studied medicine, was at- tached to the medical staff of Carroll's brigade. He was a favorite of Gen. Jackson, and distinguished himself at the battle of New Orleans. Having married Jane H. Wilkiooon, a niece of Gen. Wilkinson, he retired from the army, and after trying agriculture, settled at Natchez as a merchant. From Gen. Mirabeau Lamar's narrative, in Foote's Tex., i. 201-2. "'•' Interesting extracts from this declaration of the independence of Texas, which was published in the Louisiana Herald, will be found in Niles' Reg., xvii. 31. "" A bill was passed for the sale of lands on the Atoyac and Red rivers, the minimum price for those on the first-named stream, which was an affluent LONG'S EXPEDITION. 49 The adventurers, or patriots as they styled them- selves, made military dispositions to occupy the coun- try. David Long, a brother of the general, was despatched with merchandise to the upper crossing of the Trinity to traffic with the Indians ; Johnson was sent on a similar expedition to the Brazos; Major Smith, with forty men, was stationed at the Cochattee village on the Trinity ; and Walker with twenty-eight men fortified a position on the Brazos at the old La Bahia crossing. These arrangements having been completed by the end of September, Long, who had already been in communication with Lafitte, now governor of Galveston under the republic, decided to pay him a visit, in the hope that by a personal inter- view he would be able to induce that chieftain to assist him in his undertaking. Leaving Major Cook in command at Nacogdoches, he therefore proceeded toward Galveston, but on arriving at the Cochattee village, he received tidings, brought in by the Indians, that the royalists were rapidly approaching. A Span- ish force, 700 strong, under Colonel Ignacio Perez, was advancing to drive out the invaders. Long at once sent orders to Cook and his outlying detachments to concentrate at the Cochattee village, and hastened on to Galveston. But Lafitte, though expressing his best wishes for Long's success, regarded the enter- prise as far too hazardous, and so told Long, calling lais attention to the many attempts which had failed through want of the large force necessary for an in- vasion by land. Disappointed at not receiving the desired aid. Long returned without delay to the vil- lage, where he learned that sudden and most ruinous calamity had fallen on the embryo republic. Of all the expeditions to Texas, not one experienced a more speedy collapse or swifter ruin than that of Long. Cook was of all men the most unfit to hold of the Naohes, being |1 an acre, payaUe one fourth down and the remainder in three annual instalments. The lands on the more distant Red. River were rated at from 12^ to 50 cents an acre. Foolea Tex., i. 205. Hist. N. Mex. States, Vol. II. 4 50 PRIVATEEEING, PIRACY, AND INVASIONS. the responsible position in which he had been placed. Of intemperate habits, on the departure of Long from Nacogdoches, he gave way to drunkenness and dissi- pation, and the garrison, following his example, fell into disorder. Meantime the royalist troops, October 11th, surprised Johnson's detachment on the Brazos, taking eleven prisoners, and dispersing the rest. Johnson with six others escaped to Walker's fort, which was assailed on the 15th; the republicans were compelled to seek safety in flight, destitute of every- thing. David Long's post at the upper crossing on the Trinity was next attacked. Long was killed, and his men fled to Nacogdoches. Smith at the Cochat- tee village had been joined by Johnson and Walker, with other fugitives; and when Perez approached, he retreated forty miles below the village. But attempt- ing to elude the enemy, a skirmish was brought on, in which several fell on both sides. The republicans were again defeated, and made their way in canoes to Point Bolivar on Galveston Bay, which Long had pre- viously appointed as a place of rendezvous in case of disaster, and had already made preparations to fortify. When the fugitives from David Long's post reached Nacogdoches the wildest confusion prevailed. Not for a moment was a thought of resistance entertained ; the garrison and inhabitants alike hurried out of the place to seek safety on the other side of the Sabine ; and when Long, who had hastened forward at full speed, arrived at Nacogdoches, he found a silent and deserted town. He himself barely escaped capture at the hands of a detachment of royalists which pres- ently came up in pursuit, and succeeded in taking many of the fugitives prisoners before they crossed the saving river. After his escape, Long passed down the Calcasieu and repaired to Point Bolivar, where he found the remnant of the republican forces.''^ " The above account of this expedition is taken from the narrative of Gen- eral Mirabeau Lamer, president of 'i exas, and which he placed in the hands of Foote, who gave it to the public in his Texas and the Texans, i. 19S-21ti. SAD CONDITION OF AFFAIRS: 51 Recognizing that the expedition was utterly broken up, Long retired to New Orleans, where he appears to_ have formed the acquaintance of the Mexican pa- triots Milam and Trespalacios. In the spring of 1821 an expedition was organized by these indepen- dent leaders, and Point Bolivar occupied. Provided with a commission by Trespalacios, who styled him- self lieutenant-general of the Mexican army and pres- ident of the supreme council of Texas,^'' Long landed at the mouth of the San Antonio, and with 51 men marched against La Bahia, which he took possession of without opposition October 4, 1821. He was com- pelled, however, to surrender a few days afterward to Colonel Perez, and was sent as a prisoner with his followers to San Antonio de B^jar. Representing that he had undertaken the expedition in the cause of independence, he and his fellow-captives were treated with leniency.^* Long was conveyed to the city of Mexico, and the independence of which he professed himself a supporter having been achieved, he was granted his liberty. In 1822, wishing to enter the barracks of Los Gallos, and being refused admisr sion, he struck the sentinel, who thereupon shot him de'ad.*" Perez was complimented by the king for his success. Gaz, de Mex., 1820, xi. 1190. ^^mies' Reg., xx. 191, 223-4, 383. '' Report of Gaspar Lopez, acting commandant general of the internal provinces, to Iturbide, dated Saltillo, Oct. 19, 1821, in Qck. Imp. Mex., i[ 129-32; N lies' Reg., xxi. 375; Alaman, Hut. Mej., v. 239, 478-9. ** Tornel y Mendivil, Breve ReseRa, 147; Suarez y Navarro, Hist. Mex., 85; Filisola, Mem. Hist. Guerra Tex., i. 110-11. Foote's account is very differ- ent from that given in the text, and is incorrect. He states that Long held possession of I^ Bahia till the achievement of independence by Iturbide; that he was then invited by the new government to visit the capital, ' that he might receive appropriate honors as one of the champions of civil liberty; ' that he became an object of suspicion to Iturbide, and that secret orders for hia assassination are supposed to have been issued. Being on a visit to a gov- ernment officer, he was shot by a soldier from an adjoining piazza while pro- ducing his passport to the guard at the gate. The reader can form his own opinion as to the probability of an assassination being perpetrated under such circumstances and so openly. Tex., i. 216-17. Kennedy, Texas, i. 301, erroneously states that 180 prisoners were taken at La Bahia and sent to Mexico; and that they were released by the interference of the American en- voy Poinsett. Yoakum also asserts that the men were released and sent home Nov. 11, 1822, at the instance of Poinsett. 'i.his statement is based on 52 PRIVATEEEING, PIRACY, AND DTVASIONS The condition of Texas in 1821 was deplorable. After the expulsion of Long in 1819 every intruder who had settled in the country was driven off, his buildings were destroyed, and his cattle driven away. Vast regions were destitute of inhabitants, and the populated districts did not contain 4,000 civUized be- ings/^ Agriculture was almost entirely neglected, and provisions were so scarce even in San Antonio as to be the subject of frequent report by Governor Martinez to the commandant general at Saltillo,*^ while the traveller ran a dangerous risk of perishing by hunger. The north-eastern borders had become the asylum of criminals, and the abode of bands of armed desperadoes engaged in smuggling; villanous gangs of ruffians from Lafitte's piratical establishment drove their troops of Africans with impunity through the land, introducing them into Louisiana for sale ; ** and savage Indians hovered on the outskirts of the interior towns. But this was tlie most gloomy period in the history of Texas — ^the darkest hour of her ex- istence. The dawn was already about to break.** a remark made by Poinsett, in hia Notes on Tex., 164^5, with date Nov. 11th, to the effect that he ' had asked and obtained the liberty of 39 men, who were imprisoned in Mexico on charge of conspiring against the governor of lexas. About one half of them are American citizens. ' There is no doubt that these men belonged to Long's expedition. See McHenry's account, in Linns Bem- inie., 68-74. " The author of Pretensiones de los Anglo-Americanos, writing in 1820, says, page 7, note 1 : ' En el dia no tiene la provincia cuatro mil almas de.poblacion. ' *^The commandant general, writing to Iturbide Oct. 19, 1821, says that Long and his fellow -prisoners were removed from San Antonio to SaltiUo ' en consideracion de ser aquel pueblo ' — San Antonio — * sumamente escaso de reoursos, segun lo que constantemente representa el Sr Gobemador.' G.ic. Imp. Mex., 1. 131. ^^Niles' Reg., xxi, 48, 400. ** The following authorities have been consulted for the history contained in the preceding chapters: Zavala, Rev. Mex., i. 285, 384-5; Gonzaks, Ooleccion N. Leon, 253-60, 353-5; Cancelada, Ruina N. EspaAa, 39-43; Id.., Tel. Mex., 432-5, 455-6; Disposic. Varias, i. 132; Gac. de Mix., (1812) iii. 1087-91; (1813) i\'. 925-7, 970-1, 1139-51, 1159-63, 1247-9; (1814) v. 27-31, 37-9, 804^, 814 -16, 820-21, 871-2; (1817) viii. 787-90, 807-9, 987-9, 1167-8; (1818) ix. pas- sim; (1819) X. 144, 1363; xi. 1190; Duvallon, Colonic £sp. du Miss., 51-63; Young's HiM. Mex., 93-8, 127-77; Edinh. Eemeto, no. 147, pp. 254-5; (?a.i«es,, Cofre-vfi. sohi-e Paso delSabina, pp. vii.-xv.; Cava, Tres Sifflos, iii. 219; iv. 92- 5; Hartmann, Le Texas, 1-24, 45-7, 100-49, 172-236; Giierra, Reo. N. Esp., a. 370, 372, 711-13; Bustamante, Cuad. Hi.'4., i. 123, 262,329-60; iv. 157-60; /:l., Gahinele Mex., ii. 25-6; Id., Campailas de Calleja, 44, 178--85; Ftiisola, Mem. Hist. Ouerra Texas, i. 32-4, 39^0, 44^86, 109-10; Maillard's Mist. Texas^ AUTHORITIES. 53 19-27; Mexico in 184£, 154; Pretermones Avglo-Amer., 2-7; Tornel, Tejas y los EE. UU., 21-5, 80-8; Tornd y Mendivil, Hist. Mex., Yil-il; hare, naudiire, Mex. et Ouat., 228-9; Onis, Mem. sobre Negoc, passim; Thrall's Hist. Tex., passim; Moffit's Eejiort, in Thompson's Rec. of Mexico, 176-6; Jay's Mex. War, 10-11, 19-20; Zerec&ro, Rev. Mex., Idd; Suarez y Navarro, Hist. Mex., 84-5; Pinart Coll., Chih. Book, i. 15-24; Benton's Ahr. Debates Cong., vi. 122, 458; Revue Amir., ii. 534, 549; Holley's Texas, 302, 304^9; Velasco, Son., 249; JenMns' Mex. War, 30; Swisher's Am. Sketch Book, vi., no. 6, pp. 359-65; Direct. San Ant., 1877-8, 10-28; Gander's Mex. and Ouat., 101-17; Rivera, Hist. Jalapa, i. 268; ii. 382-3; Pino, Nuevo Mexico, 40-1; Mosaico Mex., i. 80; ii. 270, 419; Guthrie's Univ. Oeog., i. 396; Blanchard et Dauzats, San Juan de Ulua, 527; Willson's Amer. Hist., 624^30, U. S. Oovt Docs, 8th Cong. 2d Sess., Sen. Jour., 413; McCahe's Comprehensive View, 757- 8; Meline's ^,000 Miles on Horseback, 234-45; Domenech's Miss. Adv., 20; Id., Jour., 23; Arispe, Memorial, passim; Humboldt, Essai Polit., ii. 822; Poole's Texas, i. 149-68, 185-217, 392-400; Le Champ d'Asile, passim; Texas Aim. 1861, 70-3; Hutchison's Rem., 196-8; Oomez del Campo, Apuntes Hist.; Estrellade Occid., Sept. 4, 1868, p. 4; Pike's Expl. Travels, 364-70, 391-436; Torrente, Revol. Hifp. Am., ii. 101-2; Abad y Queipo, In/orme: Nouv. Annates Voy., xlvii. 6-11, 23; Peterson's Alilit. Heroes, ii. 68; Dice. Univ. Hist. Oeog., ix. 515-17; x. 274-5, 289; ap. i. 139; Almonte, Not. Est. Texas, 13; Amer. State Pap., xx. passim; Oraltan's Civilized Amer., 254r-82; Kennedy's Texas, passim; Soc. Mex. Oeog. Bolet., ii. 6; vii. 138; xi. 90; 2da ^p., ii. 630-1; Hidalgo, Apuntes Hist. Proy. Monarq. en Mix., 33-5. Abney's Life and Adv., 83-90, 125-41; Agiieyo, Diario, in Doc. Hist. Texas, 437; Oac. de Pan., Aug. 11, 1870; Brackenridge's Mex. Letters, i., letter 2; Baker's Hist. Texas, 30-1; Barber's Hist. West. States, 656-7; Falconer's Discov. Miss., 41-52; North Am. Review, xliii. 234-43; Diario Mex., 235; Democ. Review, vi. 33-42; Noticioso Gen., July 23, Sept. 12, Oct. 27, 1817; Nov. 30, 1818; Feb. 12, 1819; Mix., El Virey de N. Esp., 2-5; Id., Apuntes Hist. Ouerra, 6-16; Mora, Rev. Mex., iv. 269-70, 449; Loreto Mission Records, MS., 45-6; Varios Impresos, 2, no. vi. 25-50, 67-8, and table no. 4; L'Hiroine du Texas, 1-118; Murray's Hist. Acct and Discov. in N. Am., i. 479-87; Revista Mexicana, 416, 421-3; Shea's Cath. Miss., 87; Amer. Antiquarian Journal, Oct. 21, 1881; Amer. Reg., ii. 88-103; Freeman and Custia' Acct Red River in La, 1-63; Monette's Hist. Dis- cov. and Settlement Valley Miss., ii. 454^84; Papeles Varios, no. ovi., pt 1; no. cxlix., pt 10; no. clvii., pt 4; no. clxii., pt 1; no. ccxv., pt 2; Mayer, MSS., nos 3, 4, 5, 5^, 25, 30; Claiborne, Extract Letter to Sec. of State of U. S., Dec. 27, 1803; Real 6rden, 30 de Mayo de 1804; Id., 12 de Abril, 14 y 24 de Mayo de 1807; Id., 15 de Enero de 1808; Robin, Voy. dans la Louisiane, iii. 117-36; Annals of Congress, 1804, p. 1026; 1804-5, app. 1499-1502; 1805, p. 18-19; 1805-6, app. 1206-16; 1806, p. 11, 190; 1806-7, index 'Burr,' app. 913-26; 1807-8, voUi.-ii., index 'Burr'; 1817, p. 14; 1818, ii. app. 1786-1800; 1819, ii. 1629-2131; 1820, ii. 1719-82; 1820-1, app. 1337-1469; Alaman, Disert., iii. 373-5; Id., Mi!., i. 296-7; ii. 96-7, 170-2; iii. 67, 479-94; iv. 553-9, 566-7, 693-4, 711-13; V. 478-9; Zamacois, Hist. Mij., vi. 86-8; vii. 194^201, 216-19; viii. 530, 599-600; ix. 85-8, 202-24; x. 251-2, 260-2, 271, 278-80; Yoakum's Hist. Texas, i. 1-208, passim; Mies' Reg., iu. 34, 64, 104, 144, 272, 352; iv. 120 248 280, 313; v. 87-8, 104, 152; viii. 436; ix. 33-4; x. 402; xi. 32, 206; xiii. 253, 287-93, 301^, 335, 338; xiv. 65-88, 393^, 408, 424; xv. 6-7; xvi. 42-6, 347, 365-6, 384, 440; xvii. 31-2, 175, 208, 240, 304, 352, 395-6; xviii. 273; xix. 112, 191, 396-7; xx. 155, 191, 223^, 383; xxi. 48, 375, 400 CHAPTEK IV. COLONIZATION AND THE EMPRESAEIO SYSTEM. 1819-1831. Spain Relaxes her Exclusive Policy — Biogkapht of Moses Austin — His Colonization Scheme — He Petitions for a Land Grant in Texas — His Suitekings and Death — Internal Affairs of Mexico — Beginning of Austin's Colony — Difficulties, Dangers, and Losses — Stephen Austin in the City of Mexico — Delay and Anxiety — Final Success of his Petition — Discretionary Powers Granted Austin — Progress of the Colony — Austin's Government — Greedy AND Discontented Settlers — Erroneous Idea about Immigrant Criminals — Scattered Settlements — A New Contract' — The Em- presario System — Colonization Law of Coahuila and Texas — In- flux OF Immigrants — Empresario Enterprises — Their Partial Suc- cess — Progress of Texas. If the reader will glance back at tlie history of Texas, he will find that no advance in the colonization of that fertile country was made during the period of Spanish domination. The reason of this, apart from the exclusion of foreigners, lay mainly in the aversion of the Spanish Creoles to agriculture, and the dangers to which settlers were exposed. Enterprise in New . Spain was chiefly directed to the deA^elopment of mines, while the cultivation of the soil was performed for the most part by the passive Indians. In Texas — an essentially agricultural province — the conditions were reversed. There were no mines to be devel- oped, nor were there peaceable natives who could be made to till the ground. It therefore offered no in- ducements to Spanish Americans to migrate from safe and settled districts to a remote region where a few (M) SPAIN'S POLICY. 55 ill-garrisoned presidios could afford little or no protec- tion to the cultivator against the stealthy attacks of hostile Indians. Thus the colonization of Texas was confined to the establishment of a few settlers in the immediate vicinity of these military posts. Two of these only, San Antonio de Bdjar and La Bahia del Espiritu Santo, developed into towns of any consider- ation. Later attempts of Spain to colonize the coun- try at the beginning of the present century met with no success. The undertaking projected by the Span- ish government and placed under the direction of General Grimarest ^ failed of accomplishment on ac- count of the breaking-out of hostilities between Spain and England ; nor did other settlers who were introduced into Texas about this time effect any ex- pansion of the community. It remained for peaceable innnigrants from the United States to accomplish a work of progress which Spain had proved herself in- competent to perform, and which had been beyond achievement by force of arms on the part of adven- turers. I have already related how anxious Spain was to people Texas, immediately after the purchase of Lou- isiana by the United States, and so protect herself against encroachments by occupancy of the country. Her intentions, however, were frustrated by the dreadful wars in which she soon became engaged, and the revolutions which broke out in her colonies. In the emergencies to which she was reduced she relaxed her exclusive policy, and official proclamations were published inviting colonists of all classes and national ities to settle in her American dominions. The treaty of amity of February 22, 1819, having confirmed her in the possession of Texas, Spain felt herself in a position to remove the exclusion of Anglo-Americans as colonists on her territory,^ which hitherto had been ^The colony was to have consisted of 3,000 persons, natives of Old Spain. Kennedy, Tex., i. 309. ^ Although settlers of other nationalities were admitted as colonists, Anglo- Americans were rigidly excluded from obtaining grants of lands. See Wlute's Col. Laws, ii. 401-3, and Cortes Act. Ord., 1813, i. 404. 56 COLONIZATION AND THE EMPRESAKIO SYSTEM. insisted upon in all colonization schemes. At the same time the royalist power at this period seemed to be firmly reestablished in Mexico, the revolution having been wellnigh suppressed, and the pacifica- tion of the country almost consummated. It was reasonable, therefore, to suppose that the Spanish government would give satisfactory assurances to Anglo-Americans who might wish to obtain in a legal manner grants of land in Texas. The first American who availed himself of this new order of things was Moses Austin, who in December 1820 made an ap- plication for permission to introduce a colony of 300 families into the province. Moses Austin, a native of Durham, in the state of Connecticut, was born about the year 1764. At the age of twenty he married Maria Brown in Philadel- phia, and soon afterward established a commercial house in Richmond, Virginia, in partnership with his brother Stephen, who was at the head of a large im- porting business at Philadelphia. The two brothers a few years later purchased conjointly the Chissel lead mines, on New River, W3rthe county, Virginia, where they established smelting-works and factories for the manufacture of shot and sheet lead. Adven- turous speculation, however, brought reverses upon the houses in Philadelphia and Virginia, and ]Moses Austin, who was a man of enterprise and perseverance, obtained, in 1797, a grant from Baron de Carondelet, governor-general of Louisiana, conferring upon him one league of land, including the INIine-a-Burton, afterward called Potosl, situated forty miles west of St G-enivieve. Having closed his affairs in the United States, he removed thither with his family in 1799, and laid the foundation for the settlement of what is now Washington county, Missouri. Austin resided for many years at Mine-a-Burton, where he Avon the respect of the early settlers by his upright conduct and public spirit. But the very qualities which gained for him the affection of all who knew him occasioned MOSES AUSTIN. 57 another reverse of fortune. He had become a large stockholder in the Bank of St Louis, and when, in 1818, that institution was involved in ruin, Austin surrendered the whole of his property for the benefit of the creditors. But adversity did not damp his ardor or depress his enterprising spirit, and although now in his 55th year, he conceived the bold idea of undertaking to establish an extensive colony in Texas, of the resources and fertility of which country he had long been aware. In turning his attention to the settlement of the wildernesses of Texas, Austin was not moved by the spirit of adventure which had originated previous at- tempts to occupy Texas. His intention from the first was to proceed legally, and after careful inquiry as to the best mode of making application to the Spanish government for a grant of land, having been advised to lay the subject before the Spanish authorities in New Spain, he undertook the long and dangerous journey from Missouri to San Antonio de Bejar with that object. Having taken into council and concerted plans with his son, Stephen Fuller — by which it was arranged that the younger Austin should proceed to New Orleans to make preparatory arrangements for the transportation of emigrants — Moses Austin pro- ceeded on his journey, and arrived at San Antonio at the beginning of December 1820. At first he only met with rebuff and disappointment. Although in 1799 he had become a naturalized Spanish subject in upper Louisiana, he had failed to provide himself with the necessary passport before starting on his journey, and when he presented himself before the governor, he was peremptorily ordered to leave the province immediately. In bitterness of heart he left the gov- ernor's house to make preparations for his departure, but on crossing the plaza he met Baron de Bastrop,^ * Felipe Henrique Neri, Baron de Bastrop, was a native of Prussia, and served as a, i,i)l(liL:r of fortune under Frederick the Great. Ke aiiterward entered th-5 service of the king of Spain, who sent him on a special mission to Mexico. While Louisiana was under the dominion of Spain, he obtained a 58 COLONIZATION AND THE EMPRESABIO SYSTEM. with whom he had been acquainted many years before. Bastrop interested himself in Austin's undertaking, and by his influence a second interview was obtained with Governor Martinez, who, after some deUberation, forwarded Austin's memorial to Arredondo, the com- mandant general of the eastern internal provinces, with a strong recommendation in its favor from the local authorities of the province. Leaving the matter thus pending, Austin started on his return in January 1821. The privations and sufferings which he underwent on this journey were most severe. He was frequently obliged to cross the swollen rivers and creeks by swimming or rafting, and as the country between San Antonio and the Sabine was then a desolate wilderness, all settlements having been destroyed after Long's inroad in 1819, he was pinched with hunger. The exposure, hard- ships, and fatigue broke down his health. He reached Natchitoches in an exhausted condition and afflicted with a cold which had settled on his lungs. After recruiting his strength somewhat, he resumed his journey and arrived at Missouri in the spring. But his constitution was undermined; the cold on his lungs terminated in inflammation; and on June 10, 1821, he breathed his last, having received a few days before information that his petition had met with success. He was in his 57th year when he died.* In order better to understand the difficulties and grant o£ 30 miles square between the Mississippi ajid Red rivers, 400,000 acres of which he ceded to Aaron Burr, on whicli the latter intended to plant a colony as a nucleus for his meditated expedition against Mexico. When Louisiana was re-ceded to France, Bastrop became a citizen of San Antonio de B^jar, in which city he was one of the alcaldes when Austin visited it. In 1824 he became land commissioner, and iu that year as well as in 1827 he represented 'j.exas in the legislature of the state of Coahuila and Texas. He died in 1828 or 1829. Thrall's Hist. Tex., 498. * This sketch of the life of Moses Austin is mainly derived from the account given by his son Stephen iu 1829, to the settlers iu 'Austin's colony,' copy of which, will be found iu White's Col. Laws, i. 559-Gl. Keimedy, having had before him the Bio/jraphicnl Notice qf Moxes Austin, by Mirabeau B. Lamar, supplies some few particulars not noticed by the son. Texas, i. 310-13, 316- 18. Mrs HoUey and subsequent writers add nothing of importance to the biography of Moses Austin obtained from the above authorities. AMEEICANS IN TEXAS. 59 delays wliich. attended the establishment of this first Anglo- American colony in Texas, it is necessary to glance at the internal affairs of Mexico, and note the various changes of government which occurred dur- ing the next three years. The proclamation of the plan of Iguala by Iturbide, in February 1821, was responded to all .over New Spain by revolutionary patriots and royalist commanders alike, and O'Don- oju's recognition of the independence of Mexico by the treaty of C6rdova, in August of the same year, terminated the long struggle, and freed the country forever from the Spanish yoke. On the occupation of the capital, September 2j'th, by the army of the three guarantees, a provisional government was im- mediately formed, consisting of a 'junta gubernativa,' and a regency which represented the absent monarch — whoever he might be — who was expected to accept the throne of Mexico.^ In five months' time the junta resigned its powers to the national congress, which was installed February 24, 1822, and the gov- ernment of the regency lasted till May 19th follow- ing, when Iturbide was proclaimed emperor by a popular dmeute, which compelled the congress to rat- ify the wishes of the rabble. His empire only lasted till March 1823, when he in turn was forced to abdi- cate by a revolution initiated by Santa Anna. Then followed a republic under a supreme executive power, which in 1824 was changed to a federal system in imitation of the government of the United States. Thus in the space of four years there were no less than four different forms of government. When Moses Austin died he left an injunction that his son Stephen, then in New Orleans, should prose- * According to the treaty of Cordova, Mexico was declared an independent empire, and princes of Spain were to be invited to reign over it in the follow- ing order: In the first place, Fernando VII., catholic king of Spain; by his renunciation or non-admission, his brother Cirlos; for the same reasons, next after him, his other brother, Francisco de Paula; next Cirlos Luis, a prince of Spain; and in case of his renouncing or not accepting, then such person as the imperial odrtes may designate. Hat. Mex., iv. 728, note 46, this series. 60 COLONIZATION AND THE EMPRESAEIO SYSTEM. cute the enterprise. The memorial presented by the father was granted January 17, 1821, by the supreme government of the eastern internal provinces, the grant giving him permission to introduce 300 families into Texas. In energy and perseverance Stephen F. Austin was in all respects his father's counterpart. Having received information of the appointment of a special commissioner by Grovernor Martinez to com- municate the result of the application and conduct the families into the country, Stephen repaired to Natch- itoches, where he met the commissioner, Erasmo Seguin. He then proceeded with seventeen compan- ions and Seguin to San Antonio de Bejar, where he arrived August 10th. He was officially received by the governor, who gave him permission to explore tiie country on the Colorado River and select an ad- vantageous position for the settlement. Accordingly he proceeded to La Bahia, and thence commenced his explorations, which were continued as far as practica- ble up the Colorado and Brazos rivers. Being con- vinced of the fertility of this tract of country, he returned to Louisiana, and published in the papers particulars of the scheme. Austin had furnished a plan for the distribution of land to settlers, which the governor had approved. It was to the effect that each head of a family was to receive 640 acres, 320 acres in addition for the wife should there be one, 100 acres in addition for each child, and 80 acres in addition for each slave. Each single man also would obtain a grant of 640 acres. The conditions imposed on the grantee, as set forth in the official document of January 17, 1821, were: that the colonists intro- duced should be catholics, or agree to become so, before entering the Spanish territory ; that they should be provided with credentials of good character and habits ; should take the necessary oath to be obedient in all things to the government ; to take up arms in its defence against all enemies; to be faithful to the TERMS OF SETTLEMENT. 61 king ; and to observe the political constitution of the Spanish monarchy.^ As a fund was indispensable for the establishment of the colony, it was advertised that each settler would have to pay twelve and a half cents per acre for his land, Austin taking upon himself the cost of survey- ing, procuring titles, and all other expenses. The money was to be paid in instalments after receipt of title. A portion of it was also designed for purposes of government, defence against hostile Indians, and to furnish supplies for poor immigrants. He moreover considered that he was entitled to provide means of remunerating himself for his labors and expenses, as well as promote the welfare and prosperity of the colony. Indeed, he had cousulted Governor Martinez on the matter, who could see no reason to suppose that the government would interfere with any private arrangement of that nature. The project attracted attention, and was viewed with favor by many persons. In December 1821 the first colonists arrived, and the new settlement was commenced on the Brazos River at the Bahia cross- ing; but difficulties, hardships, and much suffering were encountered. During the first few years un- yielding perseverance and forbearance had to be put in practice. Supplies of food, seed com, and imple- ments several times failed to reach their destination. The schooner Lively, from New Orleans, liad been lost at sea in November 1821, and the heavy expense which her fitting-out had caused was of no benefit to the settlement. Another cargo, which reached the mouth of the Colorado, the place of rendezvous, was destroyed by the Karankaways in the autumn of 1822, and the settlers were reduced to great distress, liaving to subsist on the produce of the chase, to provide which was difficult and dangerous, owing to the hostil- ity of the Indians.^ « White's Gol. Laws, i. 586-7. ' During this period the condition of Texas was so deplorable, owing fa* 62 COLONIZATION AND THE EMPRESABIO SYSTEM. In March 1822 Austin repaired to San Antonio to report progress, and there learned for the first time that under the change in political afikirs he would have to obtain from the Mexican congress a confirmation of the grant conceded to his father by the Spanish government, and receive special instructions relative to the distribution of land, and other details connected with the grant. This was a sore disap- pointment.. He would have to travel 1,200 mUes by land on roads infested by banditti and deserters, and he was ill prepared for such a journey. Nevertheless he did not flinch from the undertaking, but disguised in ragged clothes and a blanket, passed himself off as a poor traveller going to Mexico to petition for com- pensation for services in the revolution. He reached the capital in safety on April 29, 1822. A long delay, however, occurred before Austin could obtain attention to his business. Iturbide was proclaimed emperor soon after his arrival ; then followed the dis- solution of congress, and the establishment of a 'junta instituyente ; ' such political changes were not favorable to despatch. Moreover, several petitions to establish colonies had been presented at this time, and though Austin tried to procure a special law in his favor, a committee was appointed to frame a general coloniza- tion law, which when drawn up was slowly discussed in detail. Then when the congress was dissolved a new committee was nominated by the junta itistitu- yente, and the work was begun again. Finally a law was passed, approved by the emperor, and promul- gated January 4, 1823.* The next step Avas to obtain a recognition of his claim ; and fortunately the minis- ter of relations, Jos^ Manuel Herrera, and the sub- minister, Andres Quintana, were favorable to the immigration of foreigners, besides other influential persons, among whom may be mentioned Anastacio the inroads of Indians, that all imports, native or foreign, were made free of duty for seven years. Mex. Quia de Hoc., iv. 21-2. » It was suspended, however, a few mouths later, on the fall of Iturbide. AUSTIN m MEXICO. 63 Bustamante, then captain-general of the internal prov- inces. The claim, moreover, of Austin was a valid oiie, and he was able to place his petition before the council of state in such strong light that on January the 14th that body reported favorably, and on Feb- ruary 18, 1823, an imperial decree was published con- firming the original grant made in favor of Moses Austin by Spanish authorities. When Austin was about to leave the capital, Feb- ruary 23d, he was still further detained by the politi- cal convulsion which terminated in the abdication of Iturbide on the 19th of March, and the congressional decree of April 8th annulling all the acts of his gov- ernment. In consequence of this decree Austin was again compelled to petition congress to confirm the concession granted by Iturbide. That body referred his memorial to the supreme executive power, and at the same time — by decree of April 11th — suspended the colonization law of January 4, 1823. On April 14th the supreme executive confirmed the imperial decree of February 18, 1823. Thus after a year of anxiety Austin was enabled to return with his grant confirmed by the Mexican governments which had been in power during that time. With regard to the government of the new colony, it was committed, in general terms, to Austin, by the decree of February 18, 1823,^ and on his arrival at Monterey he applied to the commandant general, then Felipe de la Garza, for special instructions. The ap- plication was referred to the provincial deputation of Nuevo Leon, Coahuila, and Texas, which passed a resolution to the effect that Austin's powers under the above-mentioned decree were full and ample as to the 'The decree translated reads thus: 'He is authorized to organize the colo- nists into a body of national militia, to preserve tranquillity, rendering an ac- count to the governor of Texas, and acting under his orders, and those of the captain-general of the province; also, until the government of the settlement is organized, he is charged with the administration of justice, settling all differences which may arise among the inhabitants, and perserving good order and tranquillity; rendering an account to the government of any remarkable event that may occur. ' W/iite's Col. Laws, i. 593-4. 64 COLONIZATION AND THE EMPRESAEIO SYSTEM. administration of justice, and the civil government of the colony ; that he was empowered to command the militia, with the rank, as a militia officer, of lieutenant- colonel ; that he could make war on the Indian tribes which molested the settlement; could introduce sup- plies by the harbor of Galveston for the colony during its infancy — in short, govern the colony, in all civil, judicial, and military matters, without copies of laws, until the government was otherwise organized and copies of the laws provided. He was to render an ac- count of his acts to the governor of Texas, and be subject to him and the commandant general. The local government was thus committed to him with ex- tensive powers, without specific instructions of any kind, or the guidance of written laws.^" Austin now proceeded on his way to Texas, and Luciano Garcia, then governor, appointed, July 17th, Baron de Bastrop commissioner to survey lands for the colonists, and extend, in concert with Austin, titles to them in the name of the government. By an official act, Garcia, on the 26th of the same month, gave the name of San Felipe de Austin to the future capital of the new colony. In August the commis- sioner commenced his duties ; the town was laid out, and the land-office opened. When Austin arrived, in company with Bastrop, he found the settlement almost abandoned in consequence of his long detention in Mexico. Many of the settlers had retired to other localities, and with the immigrants who kept arriving had settled around Nacogdoches, and on the Trinity and Ayist Bayou rivers. Immigration, too, had al- most ceased, while those who abandoned Austin's, colony, having no titles to the lands they had occu- pied, were liable to ejection by the government. ^"Austin, To the Settlers, in Id., i. 571-2. The particulars in the above account have been obtained from 3'ex. Translation of Laws, etc., 6-19 — the introduction to which was written by Austin, and is a history of the estab- lishment of his colony. Kennedi/'.i Tex., i. S18-27; Yoakum's Hist. Tea;., i. 211- 27; Rivera, Hist. Jalapa, iii. 25; Filisola, Mem. Hist. Guer. Tex., i. 123-6; Gol. Dec. Sob. Gong. Mex., 110-11; ilex. Col. Leyes, Ord. y Dec, ii. 94;. Holley's. Tex., 284^7; J'exas Almanac, 1859, 157-8; Foote's Tej:as, z. 221-3. LAND GRANTS. 65 Nevertheless, in spite of this disheartening state of affairs, the news of his return and the success of his undertaking attracted settlers in such numbers that in 1824 the stipulated 300 families had arrived. ^^ Bastrop's labors having been interrupted by his duties as a member of the deputation of Texas, and a second time in consequence of his having been elected a member of the legislature of the state of Coahuila and Texas. ^^ Gasper Flores was specially commissioned to complete the work. By the end of the year the land titles and surveys were all settled and the colony commenced its prosperous career. I have already mentioned that the colonization law promulgated January 4, 1823, was suspended on the fall of Iturbide. Austin's grant had been, neverthe- less, confirmed in conformity with that law, and the new settlers, instead of receiving land in the quanti- ties and proportions as advertised by him, had much larger allotments assigned to them. . Heads of fam- ilies each received one square league, or sitio, of graz- ing land, and one labor of tillage land,^^ in all 4,605 acres, while an unmarried man was granted one quar- ter of a square league.^* Austin saw that to discharge the duties connected with the civil and judicial administrations, and at the same time manage the colonial land business, was be- yond his power. During his absence the settlement had been divided into two alcalde districts by Josd Felix Trespalacios, then governor of Texas. These Austin continued, and likewise formed additional ^' A list of the names of the original 300 colonists introduced by Austin is supplied by Baker, who obtained it from the records of the land-oiEce. Bak- ers, Texas, 557-61. '^Coahuila and Texas were formed in one state in 1824. '^The square league was a tract 5,000 varas square, and contained 4,428 acres. The labor was 1,000 varas square, or one twenty-fifth part of a sitio. It contained 177 acres. Five sitios composed one hacienda. Coloniz. Law of 1SS3, in Holley's Tee., 197-8. " Dewees' Letters, 49. Dewees, however, makes the square league 4,444 acres, which is incorrect, the vara being approximately 33J inches. Hist. N. Mex. States, Vol. II. 66 COLONIZATION AND THE EMPRESAE.IO SYSTEM. ones as occasion required, directing that in such cases the justice should be chosen by popular election. To these alcaldes he gave jurisdiction in civil matters to the extent of $200, the suitors having the right of appeal to himself in all sums over twenty-five dollars. He also drew up a civil and judicial code of provis- ional regulations, which was approved by the gov- ernor. In September 1824 he nominated Samuel M. Williams secretary of the local government, which appointment was also approved, and with his assist- tance opened a book of record, in which all land docu- ments and title deeds were registered.^^ But it mattered not how deeply he had at heart the welfare of his colonists, or how drudgingly and gratuitously he toiled in their behalf; it mattered not how great was the responsibility under which he lay, or how often he untied his purse-strings to secure to the penniless immigrant his grant of land and supply his wants — there would be growlers. When the time arrived for the payment of the twelve and a half cents per acre, charged upon the lands by agreement for the formation of a fund, partly to be employed in meeting the expenses of government, and partly in reimbursing Austin for outlays made by him, violent opposition was raised. It was loudly asserted that he was selling the lands to the settlers; that he was ex- acting payments which he had no legal right to claim ; that in fact he was speculating upon the immigrants. Austin considered that he had entered into an equi- table contract with them in a public and open manner ; but from the temper displayed, he saw that to attempt to enforce his claims would jeopardize the object he had in view of colonizing the country. Therefore, although many were willing to complj^ with their en- gagements, he not only desisted from his demands, but declined to accept payment from any unless it Avere made by all. The result was, that under the original contracts he never received a dollar, and the papuents '^ Tex. Translation of Laws, etc., 21-2. LAWS NEEDED. 67 on land titles were regulated by a fee-bill published by the governor of Texas, May 20, 1824, covering commissioners' fees, surveying expenses, and other costs. Then, again, the assistance rendered to poor immi- grants by Austin, who procured for them the means of defraying the fees on their lands, and settling thereon, aroused the jealousy of others, who charged him with partiality, and with making unjust distinc- tions. His extensive and discretionary powers, also, with regard to the reception of settlers, the govern- ment of the colony, and the distribution of land ex- posed him continually to abuse. Every act of his was closely watched by severely scrutinizing eyes. The men he had to deal with were a mixed multitude, ignorant of the language and laws of their adopted- country, and many of them turbulent spirits. With no interpreters among them, they had no means of gaining any information as to the orders of the gov- ernment and the laws, except through Austin and his secretary; and though these indefatigable workers, with infinite toil, supplied them with translations in manuscript, the settlers were suspicious, captious, and uncompromising. They made no allowance for his peculiar position, but expected to find in an infant colony the regularity and organized system which only the experience of a long-established community can develop. Austin was greatly embarrassed by the want of a written code of laws, the exhibition of which in support of his official acts was incessantly demanded with clamorous emphasis. Moreover, while his discretionary powers were regarded with aversion on the one hand, and objected to, they were indorsed and appealed to when avarice could be gratified by the exercise of them. Greedy immigrants, not con- tent with their square league of land, demanded more, and when it was refused, conceived themselves treated with injustice by one who could comply with their wishes if he chose. The greatest patience and for- 68 COLONIZATION AND THE EMPRESARIO SYSTEM. bearance were necessary to deal with such, settlers, and prevent the refractory from producmg a state of anarchy which would have ruined the prospects of the colony. Yet with so much prudence and moder- ation, so much of temperate compliance and firm re- fusal, did Austin manage the affairs, that though on more than one occasion dissension was so violent and popular excitement rose so high as to require his ut- most energy to allay them, no blood was ever shed in civil strife, and as time passed on he gained the gen- eral confidence and esteem of the settlers.^* The idea prevailed in the United States and Europe that the early colonists of Austin's settlement were composed of fugitives from justice, and criminals from all countries. This erroneous opinion is rebutted by Austin, who, in 1829, says that naturally some fugi- tives would find their way into the country, but meas- ures were taken at an early day, both by the govern- ment and himself, to shield Texas from that evil. During 1823 and 1824 he banished several from the colony, under the severest threats of corporal punish- ment if they returned, and in one instance inflicted it. The fact that he had no force with which to expel these intruders, except the militia composed of the settlers themselves, proves that the men of that class were very few in his colony. His settlement, he maintained, as regarded morality and the commission of crime, could bear favorable comparison with any county in the United States, however celebrated for its exemption from criminal offences. ^'^ 1"/^., 26-9. Austin to Edwards, 1825, in Foote's Tex., i. 302-4. Foote writes — hi., 300 — ' It is confidently believed that at the period of the death of this extraordinary personage ... there was not a man, women, or chiLl in all Texas . . . who was not inclined to do hearty homage to the extraordinary wisdom and unsurpassed virtues of this efficient and truly phUanthropio champion of free institutions.' Mrs Holley says: 'Amidst all the slanderous iiTiputatious that have been uttered against him, he finds sufficient consola- tion in the general confidence of all the intelligent and worthy part of the settlers.' Te.xas, 294. " Tex. Translation of Lmos, etc., 29. Yet FUisola goes so far as to say that he was robbed of all the fruits of his toil and hardships by a second del- uge of adventurers and criminals; 'los que en realidad le arrebatara despues el nuevo alubion que sobrevino de aventureros y criminales con que se INCOMING FAMILIES. 69 Austin's colony was an exceptional one. No speci- fied limits had ever been assigned to his grant, and his immigrants, being of a rambling disposition, had scattered themselves over a large extent of country, each settling in the locality which most pleased him. Although this dispersion at first was attended with inconvenience and additional expense in the matters of government and protection, it was permitted in the belief that, if the settlers could sustain themselves against Indian attacks, the expansion, by afibrding facilities to new immigrants, would be of more ulti- mate benefit to the country than a cluster of coter- minous grants. The advantage of this system in time became apparent, when provisions could be procured in all directions, without the necessity of transporta- tion from places far distant. As all the intervening vacant lands were public domain, Austin now turned his attention to settling them, and in 1824 and 1825 made several petitions to the state government with that object. The result was, that on May 20, 1825, permission was granted him to settle 500 families on the unoccupied lands lying within his colony, the limits of which were still undefined. ^^ After the Mexican provinces had declared them- selves free, and possessed of sovereign rights, and the federal system had been established, a national coloni- aumeutd la poblacion, y que se apoderaron de sus tierraa. ' Mem. Hist. Guerra Tej., i. 137. ^^Tcx. Translation of Laws, etc., 20-1. Austin signed the contract June 4th, from which date it took effect. He had previously applied for a contract to settle 300 families, which being granted, the number was afterward in- creased to 500. See the contract in White's Col. Laws, i. 610-13. The limits of the colony were thus defined March 7, 1827: 'Commencing on the west bank of the river San Jacinto, at the termination of the ten-league reserve ' — art. 4 of the national colonization law, and art. 7 of that of Coahuila and Texas — ' from the gulf of Mexico, and thence following the right bank of said river to its head, thence due north to the road leading from Bexar to Nacog- doches; thence following said road westwardly, to a point from whence a line clue south will strike the La Baca to within ten leagues of the gulf of Mexico, and thence eaatwardly along the said ten-league line, parallel with the coast, to the place of beginning.' lb.; Report of the gov. of Coah., in 'fornel, Tex. y Estad. Unid., 28. 70 COLONIZATION AND THE EMPRESABIO SYSTEM. zation law was enacted August 18, 1824,^ one of the items of which authorized the legislatures of the dif- ferent states to form colonization laws for the occu- pancy of the public domains within their respective territories, on terms that were not at variance with the federal constitution. Accordingly, the newly formed state of Coahuila and Texas,^" having organized its government, the legislature, on March 24, 1825, decreed such a law.^^ It will be observed by referring to this law, and to the one enacted by the junta insti- tutiva, January 4, 1823, that the policy pursued, in order to procure the settlement of unoccupied terri- tory by foreigners, was to confer tracts of the public domains upon persons who should introduce at their own expense a certain number of immigrant families. This plan is known as the ' empresario system.'^ The regulations with regard to this system of colonization were as follow: The empresario first presented a memorial to the state government asking for permis- sion to colonize certain waste lands which were desig- nated, as well as the number of families he proposed to introduce. To afford ample choice to the settlers, the tract designated and usually conceded by the gov- ernment was greatly in excess of the appropriation to be finally made ; but after the establishment of the settlement and the completion of the allotments to the colonists, and the assignment of the ' premium land ' to the empresario, all surplus land reverted to the state. The distribution of the allotments was under the control of a commissioner,^ appointed by the state ^"Translations will be found in White's Col. Laws, i. 601-2; Holley's Texas, 202-4. 2° By decree of May. 7, 1824. Hist. Mex., v. 22, this series; Mex. GoU Leyes Ord. y Decret., iii. 46-7. '•" Copy in Spanish and English wiQ be foimd in Coah. Leyes y Decretos, 14- 23. '''' ' Empresario,' meaning ' contractor.' ^ The commissioner was an important functionary. His duties were to examine colonists' certificates; to administer the oath of allegiance to them; to issue the land titles; and appoint the surveyor. He selected the sites for the founding of towns; established ferries; and presided at the popular elec- tions for the appointment of ayuutamientos of new towns, and inducted the officers chosen. All public instruments, titles, or documents were to be LAND REGULATIONS. 71 government, but he had no power to make an assign- ment without the approval of the contractor. If the contractor failed to introduce the stipulated number of families within the term of six years, he lost his rights and privileges in proportion to the deficiency, and the contract was totally annulled if he had not succeeded in settling 100 famihes. The premium granted to a contractor was five square leagues of grazing land and five labores of tillage land for each hundred families, but he could not acquire premium on more than 800 families.^* With regard to the settlers comprehended in a con- tract, each family whose sole occupation was farming received 177 acres — one labor — of agricultural land; and if it engaged in stock-raising also, a grazing tract sufficient to complete a square league was added. Those families whose sole occupation was cattle-raising received each a square league, less 177 acres. An unmarried man received one fourth of the above quantity. The government of the state alone could increase these quantities in proportion to the size of a family and the industry and activity of colonists. Eleven square leagues was the limit of land that could be owned by the same hands as prescribed by the national colonization law. For each square league, or sitio as it was denomi- nated, the colonist paid an emption sum of $30 to the state, $2.50 for each labor not irrigable, and $3.50 for one that was irrigable; but these payments were not demanded till after the expiration of six years from time of settlement, and then only in three instalments at long intervals. Contractors and the military were written in the Spanish language, and he was required to form and furnish a book of record for each new town. Ooah. Leyes y Decretos, 70-3. His fees, by decree of May 15, 1828, were fixed at $15 for each sitio distributed, $2 for each labor not irrigable, and $2.50 for each, irrigable one. Id., 106. By de- cree of Apr. 1, 1830, the surveyor's fees were rated at $8 and |3 respectively, for the survey of a sitio and labor, and $1.50 for that of a town lot. Id., 146. ^ By art. 12 of the national colonization law, no one could own more than 11 square leagues, while it was possible for a contractor to own over forty. He was, however, required to alienate the excess by sale or otherwise within 12 years. Id., 17. 72 COLONIZATION AND THE EMPRESAKIO SYSTEM. exempt from this quittance. The incoming settler was, moreover, subject to the payment of the commis- sioner's and surveyor's fees, and to the charges for the sheets of stamped paper on which the order for the survey was granted and his title deed issued. With other minor items, the total cost of a sitio was about $180.'^^ It cannot be denied that the terms offered to for- eigners as an inducement to settle in Texas were most liberal. There are, however, two points noticeable in this famous colonization law which manifest a lack of wisdom in the framers ; namely, the requirement that the foreign settlers should take oath to observe the religion prescribed by the federal constitution; and the preference given to Mexicans. In the first case, the condition, if scrupulously carried out, would ex- clude all but Roman catholics, and to a great extent defeat the object of the law. No empresario could have introduced any large number of colonists under such a proviso if strictly adhered to, and few would, have been found to make the attempt ' in face of ^* More general regulations contained in the colonization law of Coahnila and Texas, upon which I have drawn for the above details, are the following: All foreigners were not only at liberty to settle in the state, but were invited to do so. Settlers were required to profess the catholic faith, and prove their morality and good habits; they could then project the formation of new towns on vacant lands, and pursue any branch of mdustry they thought proper. No settlement could be formed within 20 leagues of the boundary line between Mexico and the United States, or within 10 leagues of the coast of the gulf of Mexico. In the distribution of lands, preference was to be given to the military entitled to them, and to Jlexican citizens not military. Indians were to be received in the markets of colonial towns without paying duty, for traffic in the products of the country, and if they declared them- selves in favor of the religion and institutions of the country, were to be ad- mitted as settlers on the same terms as the colonists. The government wou.ld sell to Mexicans, and to Mexicans only, such lands as they might wish to purchase, to the extent of 11 sitios. Settlers who failed to cultivate their lands within six years lost their right of possession. A colonist might dis- pose of his land by testamentary will, but no such laud could be held iu mortmain. Foreigners who acquired land by this law became naturalized. During the first ten years, counting from its establishment, a new settlement was to be free from all contributions, except in war time, and all produce of agriculture and industry were to be exempt from every kind of duty. Forty families united might proceed to found a town, and one of not less than 2'J.) inhabitants M'as to elect an ayuntamiento provided no other one had been establi.shed witliin 8 leagues of it. With regard to the introduction of slaves, new settlers were to be subject to existing laws eind those which might be later enacted on the matter. IMMIGRATION. 73 almost certain loss. The consequence was, that in practice neither the contractors nor the settlers were at all scrupulous about the matter, and in this jjoint the third article of the decree became almost a dead letter.^^ In the second case, the natural result was the promotion of jealousy and ill feeling between the foreign immigrants and the Mexican settlers, when harmonious coalescence ought to have been the object aimed at. After the promulgation of the state colonization law, a tide of immigration into Texas set in from the United States, which in a few years converted her wildernesses and wastes into thriving farms and lucra- tive cattle-ranges ; while town after town, busy under the impulse of progress, sprung up in rapid succession. Empresarios flocked into the country, bringing settlers in their wake, and eager immigrants, in no connection with contractors, moved into Texas at their own ex- pense and obtained land grants. On the 15th of April, 1825, Robert Leftwich and Hayden Edwards obtained contracts, the former to introduce 200 fami- lies,^' and the latter 800. The same year Green Dewitt and Martin de Leon obtained contracts, the former to settle 300 families in the district south- west of Austin's colony, and the latter to found with 150 families a villa, to be named Victoria, on the Guadalupe.^ During succeeding years numerous other contracts were made, and nearly the whole surface of Texas was parcelled out to different empresarios; though none of these fulfilled their contracts, with the excep- tion of Austin, who was the only thoroughly success- ''^ The fifth article calls for a certificate from the authorities of the place whence the settler migrated, vouching for his morality and good habits, and for his being a catholic. '" Leftwich 's contract was first applied for in 1822, when Austin was in the city of Mexico. 2'ex. T7-aiisl(iiio:i of Lnms, 12, note. After much controversy, it finally fell into the hands of the Nashville Co. of Tennessee, Leftwich hav- ing been their agent. Deiree-'i' Letters, 116. 2^/6.; Yoakum's Hint. Tex., i. 234; Dewees' Letters, 115-16, 118. 74 COLONIZATION AND THE EMPRESARIO SYSTEM. ful contractor, some of them partially colonized tlieir land grants. I will mention the principal under- takings under the empresario system. Benjamin R. Milam contracted, January 12, 1826, to settle 300 families in the district lying north-west of the San Antonio and the Nacogdoches road, be- tween the Guadalupe and Colorado rivers, and bounded on the north-west by a line parallel with the road, and fifteen leagues distant from it. James Powers, June 11, 1826, engaged to form a settlement of 200 families in the country south of Leon's grant, and bounded on the south by the Nueces River. McMuUen and McGloin contracted, August 17, 1826, to settle, with 200 families, the district lying west of the ten-league reserve as exhibited on Stephen Austin's map of Texas, 1835. Joseph Vehlein contracted, December 21, 1826, to introduce 300 families into the district which nearly corresponded with the grants of Zavala and Whelin as shown on the same map. Vehlein's grant, how- ever, was limited by the twenty-league border line on the east, and the ten-league coast reserve on the south. David G. Burnett, December 22, 1826, engaged to colonize with 300 families the land grant shown under his name on the map. John Cameron contracted, May 21, 1827, to settle 100 families on a grant of land located north of 32° latitude and west of 102° longitude. On August 18, 1828, he also obtained a large grant south of Red River. Stephen Austin obtained a grant of land to the west of Dewitt's colony, November 20, 1827, for the settlement of 100 families; and in 1828 he was per- mitted by the federal government to settle the ten- league reserve of coast land lying between his colony and the sea. In February 1831 Austin, in partner- ship with Samuel Williams, obtained a large grant ATTITUDE OF MEXICO. 75 with the engagement to settle thereon 800 Mexican and other families. Lorenzo de Zavala acquired his grant March 6, 1829, contracting to colonize it with 500 families. General Vicente Tilisola contracted, October 12, 1831, to colonize with 600 foreign families, the dis- trict designated under his name on the map.^^ Austin's Map of 1835. Many other contracts were made, some of which were never carried into effect, and the grants reverted 76 COLONIZATION AND THE EMPRESABIO SYSTEM. to the government, while others were merged in new concessions. But though the empresarios were only partially successful in their enterprises, Texas was steadily progressing. Her population increased so rapidly that whereas in 1821 the number of her in- habitants, exclusive of Indians, did not exceed 3,500, in 1830 it amounted to nearly 20,000;^ and the natural resources of the country were already greatly developed. But the time had arrived when Mexico, by her misrule and jealous apprehensions, alienated these thriving settlements of a free-spirited race, and drove them to take up arms in defence of their rights. ^^ ^' The above list of empresarios and their grants is obtained from Deioets' Letters, 115-18, and the report of the governor of Coahuila and Texas to the supreme government, in Tornel, Tej. y Estad. Unid., 27-38. The first edi- tion of Austin's map was published in 1833. ^ Aitstin, Espos. sobre Tejas, 8, in Pap. Var., 167, no. 10; Mej:. Apunt. Hist. Guerrii, 16; Samsey's Other Side, 18; Almonte, Not. Eitad. Tej., 25, 50, 07, aad table no. 4. In 1827 the population was estimated at about 10,0^0. La Oposicdon,! En., 1835, 2; Cor. Fed. Mex., 12 Mar., 1827, 3. ^' On the subject'of the colonization of Texas and the empresario system, the authorities that have been consulted are: Tornel, Tejas y los EE. UU., £5-i7; Id., Hist. Mix., 147-58; Zavala, Vhi'/e d los Estados Unidos, 149-52; Id., Rev. Mix., ii. 128-9; Mix. Mem. Helac., 1823, 34; Id., Mem. Belac., 1831, 20; Id., Col. Leyes, 1829-30, 102; Id., Col. Leyes, Ord. y Dec, ii. 94, 183; Filisola, Mem. Hist. Querra Tex., i. Ill, 122-6, 136^1, 553-07; Detoees' Letters from Texas, 23-50, 112-19, 134^1; Kennedys Texa.% i. 270-2, 316-41, 359-01, 377; Hunt's Address to People of Tex., 22-4; Swisher's Amer. Sketch Book, vol. iv., no. 2, pp. 154-5; no. 4, p. 201; vol. vi., no. 5, pp. 365-75; Ludecus, Reise, 56-8; Austin, Eiposk. sobre Tejas, 8, 13-14; ArriUatja, Recop., 1834, 47-50; Dominech, Journal d'un Miss., 23^; Id., Mi^s. Advent., 20; Holley's Texas, 195-231, 281-300, 309-10; Houston's Ttxas, i. 196-201; JIc- Cabe's Comprehensive View, 759-60; La Oposicion, Jan. 1, 1S35; yHts' S. Ain. and Mex., i. 252-6; Id., Re-j., xi. 207, 380; xxiii. 80; xxvii. 112; xxx. 242; xxxi. 3; Guerra entre Mix. y los Est. Un., 16; Guia de Har. Rep. Me:r., iv. 21-2; Mexico in 1843, 6-7; Mex. Coah. and Tex. Colonization Laiu ; Papeles Varios, no. cxi., pt 2; no. clxvii., pt 10; North Am. Revieic, xliii. 244-5; Tex., Address Relatinrj to Galv. Bay and Tex. Land Co., pp. 1-37, and ap. 1-C8; Id., Translation of Laivs, Orders, etc. (Columbia, 1837), p. 81; Coah. y Tex., Leyes, 15-23, 70^; EMnh. Rerieic, no. 147, p. 257; La Minei-ra, May 8, 1S4.3; Ilockinell's Span, and Mex. Law, 648-52; El Con.i(itucional, March 22, 1844; Mi'x., Col. Dec. sob. Con'i'r. Mex., 110-11; Tc.r. Aim., 1858, 145-75; 1859, 153-00; 1868, 171-7; White's Coll. Laws, i. 559-622; Modem Travel- ler Mex. and Guat., ii. 29-31; Cor. Fed. Mex., March 12, 1S27; Noticioso Grji., Feb. 14, 1821; Mix., Infornie Comision Pesquisidora, 1874, 9; Id., Reyt Mex. Border Coiiim., 244-5; Cortes, Act. Ord., 1813, i. 404^5; Id , Diaito, xxii., June 18, 1821, pp. 3.V6; Funtc's Te.ca.«, i. 221-9; Thrall's Hist. Texas, 147-70, 175-6, 479-82, 498; WdUon's Amer. H,.-/ Navarro, Hist. Mij., 242-6, 315-19; 395-406; Hutchinson's Rem.., 194-6; Aimxmte, Not. Est. Texas, 14, 20-5; Larenaudiire, Mex. et Guat, 229. CHAPTEK V. THE STATE OF COAHUILA AND TEXAS. 1800-1839. Despotism ik Coahtjila — Internal Government — Kesoueces and Con- dition or THE Province — Character of the People — Coahuila DURING THE WaR OF INDEPENDENCE — FORMATION OF THE StATE OF Coahuila and Texas — Organization of a Government — The State Constitution — Election Laws — First Constitutional Congress — ViEscA Elected Governor — Poverty of the Treasury — Commercial Intruders — Offers oj the United States to Purchase Texas — '^he Slave Question in Texas — ^The Colonists Angry — Condition of the Mexican Peon — The Emancipation Law — Exception in Favor of Texas — Persecution of Spaniards — Subserviency of the State to the National Government — Administration of Justice — Education AND Religion — Monopoly Privileges Granted to Colonists. Previous to the year 1824 Texas had no political connection with Coahuila, each forming a separate province under the supreme rule of the commandant general of the provincias internas de oriente.^ As the internal administration of both these provinces was identical during the Spanish domination, nothing fur- ther need be said with regard to that of Coahuila, in addition to the description given in a former chapter of the government of Texas, except that Coahuila being a far richer and more populous country, the temptations presented to a practically absolute ruler were greater. Thus corruption and injustice were practised, and tryanny and oppression exercised, on a proportionately larger scale in Coahuila than in Texas.^ 1 Under the Spanish clomination the province of Coahuila wa3 called Pro- vincia de Niieva Estremadnra. PeiM, in Mayer, MS., no. 19, p. 22. '■i ' Unfortunate provinces ! ' — saya Arispe in his memorial to the regency, '77) 78 THE STATE OF COAHUILA AND TEXAS. Tlie commandant general ruled as it suited him ; and while possessing even superior power to the viceroy, there was really no semblance of a check upon his authority, except the presence of his legal adviser, the auditor de guerra, who generally did nothing more than approve and support his opinions. With regard to internal administration, remoteness from the centre of supreme government rendered the supremacy of the local governors almost as absolute as that of the com- mandant general,' and reduced their responsibility to a mere cipher. Consequently, in the administration of so-called justice, every enormity was practised that enmity or covetousness suggested, and venalty and corruptness made easy of perpetration. Liberty, honor, and property were alike assailed.* As in the case of Texas, the number of the inhabi- tants of Coahuila can only be approximately obtained. The Tribunal del Consulado assigned to it a population' of 40,000 in 1803, while Humboldt for the same year places the figures as low as 16,900.° Pike, four years later, states that the population was estimated at 70,000 souls, 10,000 only of whom were Spaniards; and this number is indorsed both by Arispe and Guerra.^ Again, Navarro y Noriega calculated that the total number of inhabitants of all races in 1810 was 42,937.^ With such varying estimates before me, I shall leave the reader to draw his own conclusion on the subject. At this time there were in CoahuUa no less than Nov. 1, 1811 — 'I wish not to be personal, but I know that every enormity has been committed there. ' p. 26. This memorial was printed at Cadiz in 1812, and a translation of it published in Philadelphia in 1814. * ' I am therefore not at all astonished at the excesses of many governors, at their arbitrary and despotic rule; I rather wonder that they have not all been uniformly despots and tyrants.' Id., 27. * ' I have many times known respectable and useful citizens suffer such scandalous vexations, aiid even die broken-hearted, at finding it impossible to vindicate their honor, and recover their property of which they had been de- frauded with such scandal and injustice. Id., 31. '•Soc. Mex. Oeog., ii. 6; EssaiPolU., 155. ^ Pikes Exped., ap. iii. 29; Arispe, Mem. Ooah., 9; Guerra, Hist. Rev. N. E-tp., ii. 370, note. 'Thus divided: Spaniards, 13,285; Indians, 12,437; Castes, 17,215. Soc Mex. Oeoij., 2a 6p., i. 291. INTERNAL GOVERNMENT. 79 twelve Spanish towns, the most populous and thriv- ing of which were Saltillo, Monclova, Parras, and Santa Rosa.* The first of these only was governed by a cabildo ; Monclova had two alcaldes and a syndic, and Parras a subdelegado, two alcaldes, and a syndic; all other towns were under the jurisdiction of lieuten- ants of the governor, who could appoint or remove them at his pleasure by a simple official letter. This was a grievous and despotic system of government, and it was not likely that impartial justice would be meted out in Coahuila. Arispe, who was deputy to Spain for this province, vehemently pleaded before the c6rtes for redress of these grievances, and suggested the establishment of a superior executive council for the four eastern internal provinces, of a high court of appeal, and of provincial deputations and local cabildos or municipahties.* At Monclova, Santa Rosa, San Fernando de Rosas, and Rio Grande were stationed garrison companies of veteran calvary, whose duties were to protect the frontier, furnish detachments for the missions," escort their own supplies of money and clothing from Sal- ^ Pike gives the estimated population of Parras as 7,000; that of Monclova 3,500; and that of Santa Rosa, 400. Ut sup., 28. According to Guerra, Sal- tillo in 1811 had about 12,000 inhabitants. Hist. Bev. N. Esp., i. 364. Arispe, 1811, gives to the town and district of Parras 10,000 inhabitants, and to those of Monclova 6,000. Mem. Coah., 29. 'On May 23, 1812, the Spanish cdrtes passed a decree ordering the forma- tion of cabildos. In all towns with a population not exceeding 200 there were to be elected by vote of the citizens one alcalde, two regidores, and one pro- curator sjmdic; in towns with not more than 500 inhabitants, one alcalde, four regidores, and one procurator; in those with not more than 1,000 inhabi- tants, but exceeding 500, one alcalde, six regidores, and one procurator; in towns with a population from 1,000 to 4,000, two alcaldes, eight regidores, and two procurators, the number of regidores to be augmented to twelve in those towns which had more than 4,000 inhabitants. The capitals of prov- inces were to have at least twelve regidores; and should they possess more tlian 10,000 inhabitants, their number was to be sixteen. White's Col. Laim, i. 416-18. Rules for the guidance of alcaldes were decreed Oct. 9th of the same year. Id., 419-20. &. 1813 the cdrtes decreed the establishment of an intendencia at Saltillo, and in 1814, of a provincial deputation, representing Coahuila, Nuevo Leon, Sautander or Tamaulipas, and Texas, assigning Sal- tillo as the place of residence. Cdrtes Diarw, 1813, xviii. 423; Cdrtes, Act. Ord., 1814, ii. 266. " Arispe mentions 5 Indian missions; namely, Vissarron, Duloe Nombre de Jesus, Peyotes, Juaa Bautista, and Nuestra Seflora de la Victoria. Mem. Coah., 10. 80 THE STATE OF COAHUILA AND TEXAS. tillo, and conduct the bimonthly mail to Texas from Monclova, which town was the principal military- depot of the province and the governor's place of resi- dence. Under a less oppressive government, the province of Coahuila, with its fertile soil, its genial climate, and pure atmosphere, would have been, as an abiding place, all that the heart of man could desire. There the cultivator could produce in profuse abundance corn and wheat and wine, delicious fruits and deli- cate vegetables. There, too, the cotton-tree thrived, and on the rich pasture lands flocks of sheep and herds of cattle and horses multiplied." But the incubus of commercial and agricultural monopoly pressed heavily on the land. The avaricious mer- chants of San Luis, Querc^taro, and other manufactur- ing cities smothered development in the provincias internas. In Coahuila no factories made busy the population of a town; the hum of machinery was not heard; and the industrious women plied the primitive spindle and distaff to supply their household wants, and produce a few marketable commodities.''^ Thus the people had to depend upon the exportation of their flocks and mules,'^ and raw materials; and their wool and cotton, their hides and wheat, were re- turned to them in manufactured form, charged with the expenses of transportation and alcabala duties, and with the profits of the outside manufacturer, the mer- chant, and the retail dealer. Even the agricultural implements of iron were imported, though the manu- al Arispe says — p. 20 — 'The most interesting branch is the breeding of sheep, to which so much attention is paid that, after furnishing many thou- sand head to the markets of Saltillo, Parras, and other places of the prov- inces, vast numbers are exported to Zacatecas, San Miguel, Queretaro, Mexico, and Fuebla. ' Cotton was produced in such quantity that after sup- plying the four provinces, many thousand quintals were exported to furnish the factories at San Luis Potosl, San Miguel, Zelaya, SUao, Leon, and places in Guadalajara. Id., 19. '^ With these simple contrivances, shawls and table-cloths were manufac- tured of such durability and fineness that they never sold for less than eight dollars, and frequently as high as forty or fifty dollars. Id., 21-2. "Besides keeping up a stock of 3,000 pack-mules, 2,()00 were ammally exported. Id., 20. RESOURCES OF THE COUNTRY. 81 facture of that metal and of wood was tolei-ably well advanced in Saltillo" and Parras. One of the most productive industries of Coahuila was the cultivation of the vine, which, despite the pro- hibitions against it, was developed to a considerable extent in the district of Parras/° Combined with this agricultural pursuit was the only manufacturing business that can be rightly claimed for the province. Great quantities of excellent brandies and delicious wines were manufactured yearly and exported to Mex- ico and other parts of New Spain. These two indus- tries afforded employment to the whole population of the district, no other occupation being pursued.^® The inhabitants of Coahuila were a thoroughly pastoral and agricultural people, and their character was formed from the nature of their occupations. Here were to be found simplicity and insensibility to intrigue, untiring industry and patience under severe labor, the endurance of privations without miurmur, and a deep-rooted love of liberty. Both the social and political morals of this rural population were of a higher standard than those of the inhabitants of the manufacturing and mining districts of New Spain." During the war of independence, Coahuila was little disturbed by the battle-din which shook the foundations of the more southern provinces. A blood- less revolution and counter-revolution at first caused ^* At Saltillo the manufacture of cotton was also somewhat advanced, and in 1811 above 40 looms for weaving coarse cloths had been erected. The artisans, however, labored under the want of protection, and were compelled to sell at low prices the production of one week's work in order to procure raw cotton for the next. Id. , 22. '*The meaning of Psjras is 'grape-vines.' Pike calls it the 'vineyard of Coahuila. ' At the hacienda of San Lorenzo, three miles to the north of the town, he saw 15 large stills, and a greater number of casks than he had ever seen in any brewery of the U.S. Ut sup. ,28. "/6.; Arispe states that the number of inhabitants of this district was 10,000. Mem. Coah., 18. ^''Arispe, ut sup., 16. 'As we diverged from these parts which produced such vast quantities of the precious metals, the inhabitants became more in- dustrious and there were fewer beggars. Thus the morals of the people of Cogquilla (sic) were less corrupt than those of Biscay or New Leon, their neighbors.' Pihe, ut sup., 29. Hist. N. Mex. States, Vol. II. 6 82 THE STATE OF COAHUILA AND TEXAS. temporary agitation. Governor Cordero, deserted by his troops, falls into the hands of the independent leader Jimenez, and Aranda becomes revolutionary governor. His turn soon arrives, and he is seized by the plotter Elizondo. Then follows the capture of Hildalgo and the other leaders at La Noria, who with Aranda are marched off to Chihuahua, where most of them suffer death, a few only being condemned to long imprisonment.^* From this time to the downfall of the monarchical power in New Spain, Coahuila re- mained in quiet possession of the royalists, unmolested except by the predatory incursions of wild Indians. But the people thirsted none the less for freedom, and when the news arrived in 1821 of the proclama- tion of the plan of Iguala, an uncontrollable agitation pervaded the province. Arredondo, the command- ant general, then residing in Monterey, the capital of Nuevo Leon, in vain attempted to arrest the tide of popular feeling. Lieutenant Nicolas del Moral was sent against Saltillo in command of a company of the line grenadiers of Vera Cruz, followed by the whole battalion, under the lieutenant Pedro Lemus. Moral, however, on his arrival proclaimed, July 1st, the in- dependence. The authorities did likewise, and Lemus entered the city, after having administered to his troops the oath to support the plan of Iguala. Arre- dondo, thus abandoned, convoked a general assembly of the authorities of Monterey, at which it was unani- mously resolved to adopt the plan. The commandant general submitted with good grace, and independence was proclaimed July 4th. But he could not win thereby the good-will and obedience of his former sorely pressed subjects. The authorities and forces at Saltillo refused to recognize him, and in disgust he surrendered his command to G-aspar Lopez, the first officer of the trigarante army who approached. Ar- " Among the latter was Aranda, who was sentenced with four others to imprisonment for ten years. Alaman, Hist. Mej., ii. 190; Hernandez y Davalos Col. Doc, i. 76. Consult Hist. Mex., iv. 240, 272, this series. POLITICAL DIVISIONS. 83 redondo then retired to San Luis Potosl, whence he proceeded to Tampico, where he embarked for Ha- bana.^^ The political convulsions which presently occurred in the Mexican capital after the establishment of in- dependence were but slightly felt in the provincias internas de oriente, which, under the empire, were governed as previously, by a political and military chief In 1823, however, after the fall of Iturbide, a junta was convened at Monterey, composed of dele- gates repre.senting Coahuila, Nuevo Leon, Tamaulipas, and Texas. This junta represented to the provisional government that the four provinces wished to be sepa- rated, and were desirous that the federal system should be adopted.^" That form of government having been proclaimed by the constituent congress, Coahuila, Nuevo Leon, and Texas were formed into one state by the acta constitutiva, promulgated January 31, 1824. On May 7th, however, a decree was passed which detached Nuevo Leon and raised it to the rank of an independent state, while Coahuila and Texas were provisionally united until the latter should pos- sess the necessary elements to form a state of itself ^^ This political division was confirmed by the federal constitution published October 4, 1824. The new state at once proceeded to form its gov- ernment. A constituent congress was elected, and assembled at Saltillo in August 1824. A provisional governor was appointed,^^ and an executive council created to assist him in his administration.^ By de- ^'Alaman, Hist. Mej., v. 238-9. '^ Bustamcmte, Cuad. Hist., MS., viii. 177; Id., Hist. Iturbide, 160. ^' ' Pero tan luego como esta liltima ' — Texas — ' estuviere en aptitud de figu- rar como estodo per si sola, lo participari al congreso general para su resolu- cion.' Mex. Col. Ord. y Dec, iii. 46, where a copy of the decree will be found. ^^ Rafael Gonzalez was provisional governor in 1825, and Victor Blanco in 1825-1827. White's Col. Laws, i. 612, 615. ''^ Composed of a vice-governor and four members. The council was ap- pointed by congress, and the first one created was by decree of Aug. 31, 1825. The members were Jos^ Ignacio de Arispe, vice-governor ad interim, Juan de Goribar, Jos6 Ignacio Sanchez, Jos^ Ignacio Aloocer, and Jos6 Ignaoio de Cardenas. Goah. y Tex, Leyea y Dec, 32. 84 THE STATE OF COAHUILA AND TEXAS. cree of August 28, 1824, the functions of the political chiefs* and the deputation of Texas were declared to have ceased, as had already been the case with respect to the authorities of the same class in Coahuila ; and a few months later a political administrator, styled 'chief of the department of Texas,' was provision- ally established.^^ In its first decree, August 15, 1824, the constituent congress pledged the state of Coahuila and Texas to sustain at all hazards the su- preme federal powers, and declared its form of gov- ernment to be representative, popular, and federal, divided into the three powers, legislative, executive, . and judicial. During the next two years a number of decrees were passed regulating the attributes, restrictions, and duties of the executive and officials, establishing elec- tion laws, creating judges of responsibility, and relat- ing to other matters connected with the internal government of the state. ^* It was not until March 11, 1827, that the constitution of the state was pub- lished. Every officer and citizen was required to take oath to sustain it — a regulation which, in view of the third article, must have been acquiesced in with grim dissatisfaction by the enlightened Coahuilan. In that ^* Jos6 Felix Trespalacios was the last political and itulitaxy governor of Texas under the old system. Almonte, Not. Esiad. Tej., 14. He •o^as suc- ceeded in 1823 by Luciano Garcia, who served provisionally as such. White's Col. Laios, i. 595. Trespalacios, in April 1823, had pronounced in favor of Iturbide. Bustamante, Hist. Iturbide, 161-2. ^* Jos^ Antonio Saucedo, succeeding Garcia in 1824, was the first to bear this title. White's Col. Laws, i. 597-9; Coah. Leyes y Dec, 8, 11. The chief of department was authorized to impose fines from one to one hundred dollars on those who did not obey or respect him; he had also power to make arrests, but only on the express terms that within 48 hours he placed the arrested party at the disposal of a competent tribuueil or judge. He was not to allow any person to appropriate lauds, and was to give circumstantial information to the government with respect to those who had already done so. B^jar was to be his place of residence; he commanded the local militia, and was to pre- side over all popular juntas, as well as over the ayuntamiento of B^jar, or any other place in the department where circumstances might require his presence. At the sessions of ayuntamientos, however, he had no vote, except a casting one in case of a tie. Moreover, he was the sole channel of communication between his subordinates and the government. Id. , 11-14. ''"On March 27, 1826, a general amnesty w£is proclaimed, by which aJl political prisoners were released from confinement, and those banished were to be assisted by the government to return to their homes. Id., 34^6, TERRITORIAL DEPARTMENTS. 85 article it is set down that "the sovereignty of the state resides originally and essentially in the general mass of the individuals that compose it; but they shall not of themselves exercise any other acts of sovereignty than those indicated in this constitution, and in the form which it prescribes." ^^ Such a restric- tion speaks loudly of the timidity with which the framers of the constitution regarded untrammelled freedom of the people. The state was divided into three departments — namely, those of Saltillo, Mon- clova, and Texas — which number was increased later to four, by detaching Parras from Saltillo.'^ The consti- tutional congress to be presently elected was to consist of twelve members, two of whom was to represent Texas. ^^ These representatives were not elected directly by the people, but by the system of primary and secondary elections adopted elsewhere in . the Mexican republic. In a district which sent up only one deputy, eleven electors were popularly chosen, and twenty-one in those which sent up two or more representatives. These electors appointed by a majority of votes the deputies for their respective departments. The num- ber of deputies was to be increased in proportion to the increase of the population of a department. Other provisions of the constitution were to the effect that the profession of any other religion than the Roman catholic was forbidden; freedom of the press was declared, but subject to existing restrictions, and such future ones as should be established by law; and by the thirteenth article all children born of slave parents on the territory of the state were pronounced free, the introduction of slaves six months after the publica- tion of the constitution being strictly prohibited. A " Mex. Col. de Oonstitut., i. 196; in wMch volume a copy of the constitu- tion will be found. '''Id., 197. The state was finally divided into seven departments: Sal- tillo, Parras, Monclova, and Rosas in Coahuila, and B^jar, Brazos, and Nacogdoches in Texas. Ahrumte, Not. Estad. Tej., 14. ^'By the convocation law of March 23, 1827, the districts of Saltillo, Parras, and Monclova were to elect three deputies each, Texas two, and Rio Grande one. SaltiUo was to send up two suppletories, and each of the other districts one. Coah. Leyes y Dec., 47. 86 THE STATE OF COAHXJILA AND TEXAS. candidate for the governorship was required to be a native' of the republic, 30 years of age, and to have been domiciliated in the state five years. The gov- ernor's term of office was four years; he was elected by the people, and had the prerogative of appointing the political chiefs of departments, each appointed being chosen from three candidates nominated by the executive council, the number of whose members was reduced from four to three. On March 23, 1827, the convocation law for the elec- tion of the first constitutional congress was published, and on July 1st following, the assembly met in session. On the 4th. the number of the votes cast for the elec- tions of governor, vice-governor, and the executive council was made known, with the following results : Jose Maria Viesca was elected governor; Victor Blanco, vice-governor; and Santiago de "VaUe, Dioni- cio Elizondo, and Jos^ Ignacio de Cardenas councH- lors.^" The greatest difficulty with which the new legisla- ture had to contend was the question of finance. Texas, if not an actual burden to the state, was little less. Though yearly increasing in population and wealth, she contributed nothing to the revenue, owing to the exemption of the colonists from taxation, and the privilege granted them of introducing supplies of all kinds free of import duties. To such straits was the government reduced that many offices were sus- pended for want of money to pay the salaries.^^ Every resource was resorted to in order to increase the rev- ^^ Id. , 63. Jos^ Ignacio Arispe had been acting as provisional governor. Mex. Col. Constitut., i. 195, 273. In Correo Fed. Mex., 21 Jul., 1827, will be found a list of the names of the deputies from the different departments. "' Congress, in view of the embarrassments of the state treasury from want of funds by decree of April 17, 1828, suspended the office of councillor until the state should be" able to defray the expense thereof, the governor being directed to act by himself. The vice-governor was only to receive pay when officiating on account of death, sickness, or absence of the governor. The establishment of a treasury was postponed; and the department and dis- trict chiefs, with the exception of the one in Texas, were temporarily suspended in the exercise of their functions, the ayuntamientos being ordered to com- municate directly with the executive through their alcades. Coah. y Tex. Leyea, 101 REVENUE. 87 enue. The cock-pits were leased at auction to the highest bidder; billiard-tables were taxed at $24 per annum; and a duty of two per centum was charged on the circulation of money, whether the destination of the coin was to a place within or without the terri- tory of the state ; funds were borrowed from the church, and all persons, females excepted, whether they derived their incomes from rents, salaries, or wages, from business or industrial occupations, were taxed to the amount of three days' income per annum. What added to the perplexities of the government during this period was the alarming decline of the in- ternal trade of the state. This was chiefly owing to the influx of foreign dealers, who introduced cotton and woollen goods with ruinous efiect upon the native merchants and retailers. The native business was so paralyzed that congress was under the necessity of legislating on the matter, and thereby gave grievous offence to the Anglo-American colonists in Texas. In April and May 1829, decrees were passed prohibit- ing foreign merchants, of whatever nation, from retail- ing goods or importing coarse cotton or woollen stuflfe not manufactured in the republic.^^ The opening of the port of Galveston by decree of October 17, 1825,^^* afforded facilities to these commercial intruders, while the exemption law in favor of the colonists offered temptations to engage in smuggling which were not very stoutly resisted. A breach between the Mexicans and the Anglo- American settlers had indeed already been opened. Apart from the fact that the immigrants brought with them the principles of law, liberty, and religion which prevailed in the country of their birth, and which could not be conducive to amalgamation with the '2 They were only allowed to sell at wholesale, and for cash. Id., 117, 126- 7. Dewees engaged, in 1826-7, in one of these trading enterprises. Letters from Tex., 55-6. ^^Guiade Hoc. Rep. Mex., iv. 308; Mex. Mem. Minest., 13, no. iv. The port of Matagorda, as also that of Matamoros in Tan.aulipas on the Rio Grande, had been opened to trade in 1820. Lerdo de Tejada, Cmnerc. Estad.^ 21. 88 THE STATE OF OOAHUILA AND TEXAS, natives, their great influx and steady success not only- excited jealousy, but began to be watched with appre- hension by both the state and federal governments. The covetous solicitude to gain possession of Texas ■ evinced by the United States aggravated the anxiety of Mexico and the disfavor with which the colonists Wire being regarded. It was hard for the suspicious Mexican not to believe that the Anglo-Americans within his borders did not secretly cherish the hope that the territory would be eventually annexed to the northern republic. The action of the government at Washington certainly tended to foment such aspira- tion. Only a few years had elapsed after the treaty of 1819 with Spain when the United States pretended to foresee future trouble, and began to express dissat- isfaction at the agreement they had entered into. In March 1825 Henry Clay, in a letter to the envoy, Joel R. Poinsett, spoke of difficulties that might arise from the boundary agreed upon. He considered the line of the Sabine nearer to the great western com- mercial capital of the United States than was desirable, and instructed that minister to sound the Mexican government as to its inclination to the adoption of a new boundary, suggesting as such the Brazos, the Rio Colorado, or the Rio Grande.^* In March 1827 Poin- sett was authorized to make a specific proposition on the matter, by which the United States would agree to pay $1,000,000 if Mexico would consent to the Rio Grande being made the boundary ; ^^ if this were unattainable, half that sum was to be offered for the Colorado line. Neither of these proposals was received by the Mexican government, nor would the congress take into consid- eration a treaty of amity, commerce, and navigation, on the point of being concluded between the two nations, unless it contained an article which renewed the existence of the treaty celebrated by the cabinets '* Congress. Debates, 1837, ii. ap. 125-6. '^ The boundary proposed was to begin at the mouth of the Rio Grande, pass up that river to the Rio Puerco, thence to the source of the latter, whence it was to run due north to the Arkansas. Id., 127. MEXICO SUSPICIOUS. 89 of Madrid and Washington respecting the territorial limits. This resolution rendered it imperative to settle that question first, and on January 12, 1828, a proto- col was signed by Poinsett on the part of the United States, and S. Comacho and J. Y. Esteva on that of Mexico, by which it was agreed that the dividing line between the two countries should be that fixed upon by the treaty of 1819 with Spain. Nevertheless the United States still persisted in their object. In Au- gust 1829 instructions were sent to Poinsett to open negotiations for the purchase of so much of Texas as Mexico could be induced to cede. Four different cessions were suggested, the corresponding boundary lines beginning respectively at the mouths of the Rio Grande, the Baca, the Colorado, and the Brazos. Poinsett was authorized to offer as high as $5,000,000 for the first-named line, and for the others, amounts proportionate to the extent of territory that would be ceded. But Poinsett never received these instruc- tions. His officious meddling with the interna,! affairs of the Mexican republic had gained for him the dislike of the government. His recall was demanded and acceded to, and his successor, Anthony Butler of Mississippi, made no progress in his negotiations for the purchase of Texas. Another cause of suspicion, and consequent want of confidence between the Mexican authorities and the settlers, was the temporary freedom of the latter from molestation by the Indians. During the first three or four years of the colony's existence the settlers had been grievously troubled by these savages, and had engaged in numerous conflicts with them.^" The signal punishment, however, which they inflicted upon the aggressors won for them the respect and awe of the wild tribes around them ; and while in the Mexican district of Bejar the Indians even carried their depre- dations with impunity into San Antonio, the Anglo- ^° For particulars of fights with Indians, see Dewees' Letters, 37-^2, 50-2 54^5; and Yoakum's Hist. Tex., i. 221-6 90 THE STATE OF COAHXnLA AND TEXAS. American colony was left in comparative peace. This exemption, gained entirely by the determination and courage of the settlers, was attributed to a sinister understanding with the, Indians. While the jealous fears of the state government that its liberal policy had overshot the mark became more and more confirmed, certain legislative acts, which it was expected would be corrective of past mistakes and preventive of foreshadowed trouble, irri- tated the settlers. The slave laws of 1827, and the prohibitory one of 1829, respecting foreign merchants, caused great offence. By decree of September 15, 1827, the constituent congress manifested its intention not only to carry out- strictly the thirteenth article of the constitution, but also to acquire the gradual eman- cipation of slaves already introduced. Ayuntamientos were ordered to keep a list of all slaves in their re- spective municipalities, designating age, name, and sex. A register of the deaths of slaves and the births of slave-born children was also to be rigidly kept. Slaves whose owners had no apparent heirs were to become free immediately on the decease of their mas- ters; and on each change of ownership, even in the case of heirs succeeding, one tenth of the number of slaves inherited was to be manumitted, the individuals being determined by lot. By another decree, of No- vember 24th of the same year, it was provided that any slave who wished to change his master could do so, provided the new owner indemnified the former one for the cost of the slave, according to the bill of sale.^' Although the colonists kept themselves aloof and were indifferent to Mexican legislation so long as their own immediate interests were not attacked, their anger rose when a direct blow was struck at their prosperity. Without entering into the moral question of right, there can be little doubt that without slave labor the colonization of Texas would have been retarded for 3' Coak. y Tex. Leyes, 78-9, 91-2. SLAVERY AND PEONAGE. 91 many years. The immigrants would have been limited exclusively to the class of laboring farmers who, by the toil of their hands and the sweat of their brows, would have reclaimed some small portions only of the uncultivated wastes. No capitalist would have engaged in a venture which would reduce him and his family to the condition of laborers. However loudly the Mexican people and outside philanthropists may claim enlightenment for the government of that re- public in proclaiming the abolition of slavery at this early date, it must be borne in mind that such legisla- tion in no wise affected the interests of the landed proprietors of Mexico. A labor system had been de- veloped which was far less expensive than that of slavery, but which practically embraced all its attri- butes. The position of the Mexican laborer, or peon, was one of perpetual servitude and subjection to a task- master. He bound himself to his master by a written contract on entering his service, and immediately be- came his debtor for money advanced, sometimes to the amount of a year's wages.^ His employer kept a debit and credit account with him, and rarely did it show a balance in the peon's favor. If he gave offense, committed a fault, or failed in the fulfilment of his duties, confinement, shackles, or the lash could be legally meted out to him ; and should he desert his master's service, he could, be reclaimed through the alcalde, who had the authority to compel him to re- turn, and punish him. In fact, never out of debt, he was ever a bondman, with but little more liberty than a slave. In name only was he not one. As the peon's wages varied from one to three reales a day, providing for himself, and as his working days were reduced by the numerous church holidays observed in Mexico to about two hundred, the average cost of a peon was about $50 a year. Thus the landed proprietors, under '' The congress of the state of Coahuila and Texas, by decree of Sept. 30, 1828, provided that no advance could be made by the master to the servant to an amount exceeding one year's wages. Id., 108. 92 THE STATE OF COAHUILA AND TEXAS. this system, in which no outlay of capital was required, nor loss by death incurred, reaped all the advantages of absolute slavery without one tithe of its expense. Under the above-described system, it was not diffi- cult for the Anglo-Americans to evade the law pro- hibiting the further importation of slaves ; and under the appellation of indentured servants, they continued to introduce them into Texas.'*" But in 1829 more decisive pressure was applied, by the promulgation of Guerrero's decree of September 15th, ordering the total abolition of slavery throughout the Mexican republic/" Now, at this time there were very few slaves in Mexico outside of Texas, and these few were treated with great indulgence by their owners, who regarded them as favorite servants and members of their families.*^ Consequently the decree — which in fact was dictated by a spirit of self-protection against the United States by the establishment of a political barrier between the two nations*^ — met with no oppo- sition elsewhere in Mexico. In Texas, however, there were now over 1,000 slaves, whose manumission would have crippled the colony to a ruinous degree. Strong remonstrances were made to the federal government, setting forth the facts that if the slaves were freed they would become a nuisance, and a hinderance to prosperity; that the tranquillity of the department would be endangered, as the colonists would regard the dispossession of their slaves as a violation of the promises and guarantees by which they had been in- duced to settle in the country; and lastly, that the indemnification would be very heavy, and in the ex- hausted condition of the treasury would remain unpaid *' The slave law was evaded by introduoing negroes to serve as apprentices for 99 years. N ties' Reg., xxxiv. 334. *<'Mex. Col. Leyes, 1829-30, 149-50; Dublan and Lmano, Legis. Mex., ii. 163; Arrillaga, Recap., 1829, 213. *'Tornel, Breve ReseilaHist., 85, says; ' Nominalmente eran eselavos, por- qvie sus dueflos los consideraban como dom^stioos favoritos, y aua los tratabaa como k hijos.' *^ ' En la abolicion de la esclavitud, ' remarks Tornel, the initiator of the decree, ' se envolvia una mira altamente politica, la de establecer una baxrera eutre Mexico y los Eatados-Uniios. ' lb. DECREES AND LEGISLATION. 93 for many years. These representations were of such "weight that on December 2d of the same year an ex- ception was made in favor of Texas.^* An examination of the decrees issued during the first five years of the state's existence shows that the congressional assemblies endeavored to legislate with honesty and justice, and many wise laws were enacted. ' But inexperience, combined with a dim . perception in regard to civil and individual rights, made it difficult properly to organize a state with free institutions out of a despotically ruled province. Thus a curious mix- ture of liberal principles and conservative prejudices is observable. The restrictions on the sovereignty of the people laid down in the 3d article of the constitu- tion, the intolerance of any religion but the Roman catholic, and the excessive power vested in the chief of the department of Texas, were incompatible with free republican institutions. In strong contrast with the liberality manifested in the state colonization law was the persecution to which resident Spaniards were submitted. By a law passed June 23, 1827,. they were excluded from all civil and ecclesiastical offices until Spain should acknowledge the independence of Mexico, and in November of the same year all Span- iards, except those domiciliated in the state thirty years, were banished; travellers of that nationality could not remain more than three days in any town except in case of sickness or other recognized imped- iment; those who remained were required to present themselves monthly to the local authorities, and were forbidden to carry any arms except those customarily worn for personal defence; and a strict surveillance was kept over their conduct.** When in 1829 Mexico was invaded by the Spanish forces under Barradas,*^ the state of Coahuila and Texas displayed its patriot- *' Mex. Diet. Com. Just., 1. 1; Mies' Reg., xxxviii. 291. " Coah. y Tex. Leyes, 62, 94^5, 105-6. **For au account of this invasion, see Hist. Mex., v. 72-5, this series. 94 THE STATE OP COAHUILA AND TEXAS. ism by exacting a heavy forced loan from the resident Spaniards/* while the property still remaining in the state, of those who had left for other countries, was confiscated. It must, however, be borne in mind that the states were under a kind of political thraldom to the federal government, whose decrees they were compelled to indorse, and which dictated their rights under the late constitution to a degree that left their individual inde- pendence decidedly equivocal. In the case of Coa- huila and Texas, it is noticeable that, during the repeated changes of administration in the national capital, the state government was ever anxious to keep on good terms with the dominant party and adopt its policy. The consequences were perplexity, contradictions,*^ and an absence of fixed political principles In the administration of justice the legislature en- deavored to insure fair trials. In the criminal courts the accused was tried before the presiding judge, in the presence of two assistant judges, one chosen by the defendant and the other by the plaintiff. After all the evidence had been taken, the three judges in consultation decided upon the case. When two or more defendants were on trial on the same charge, each could nominate two assistant judges, and out of the whole number one was elected by a majority of votes. Every citizen when called upon to sit as an assistant judge was obligated to serve, unless some legal impediment exonerated him.** Simple theft of small amounts was punishable by the infliction of *' Unmarried Spaniards and widowers without children were called upon for one third of their capitals; those married without children, and widowers with only one child, for one fifth; and those of both cla.sses with more than one child, for one eighth. Id., 135. *' When Guerrero was in power, the congress of Coahuila and Texas ordered his bust to be set up in their hall, but when adversity came upon him, they repealed the order. They then named a to^^Ti after Bustamante, and by a later decree struck out his name. Yoakum's ffist. Tex. , i. 270. '^ Coah. y Tex. Leyes, 66, 83, 102-3. Deputies of congress, the governor, vice-governor, councillors, the secretaries of state, military men, and ecclesi- astics could not be called upon to act as assistant judges. EDUCATION AND GOVERNMENT. 95 fines varying from $10 to $30, or by labor on the public works for from one to three months. When the value of the stolen property exceeded $10 but not $100, the punishment was not less than one year's nor more than two years' such labor. For the third offence the criminal was exposed in the most public place with a placard on his head bearing the inscription ' thief '^^ In case of the impeachment of an authority — as, for instance, the governor, a deputy, or a member of the supreme court — congress appointed four of its own number to sit as a grand jury, one of whom had no vote, but acted as secretary. This jury reported its finding to congress, which then discussed the evidence, and declared whether or not tliere was just cause of action. If congress resolved in the affirmative, the case was transmitted to the corresponding tribunal for trial. ^° Education in Coahuila and Texas was at an ex- tremely low ebb. Arispe, in his memorial of November 1, 1811, to the Spanish c6rtes, says on the subject of public education: "Only in the town of Saltillo. . . is thei'e a scanty fixed appropriation for the maintenance of a common school-master." " On the great estates, and in the populous districts, where many servants are employed, it is common also to have schools; but I have observed the pains taken to prevent the children of servants from learning to write ; for some masters believe that if they arrive at that important point of education, they may be induced to seek some other less servile mode of gaining their living." The congress tried to remedy this evil, and by decree of May 13, 1829, an attempt was made to establish in each de- partment a school of mutual instruction on the Lan- casterian system. By this law it was provided that the teacher should instruct the pupils in reading, writing, arithmetic, the dogmas of the catholic religion, "/cZ., 66-8. Reoeivera of stolen goods, agents and protectors of thieves, suflferecl the same punishments on conviction as the latter. ^Mex. Col. ConstituL, i. 229; Coah. y Tex. Leyes, 118. 36 THE STATE OF COAHUILA AND TEXAS and Ackerman's catechisms of arts and sciences, each teacher's salary being fixed at $800 per annum, pay- able monthly in advance." But legislation in the matter was more easy than fulfilment, and the project could not be carried into effect. In April 1830 another law was passed for the establishment of six primary schools on the same plan, but with no better result. The people were indifferent to educational progress. Among the settlements of Austin's colony a few private schools were established, and in 1829 the first protestant sunday-school in Texas was opened at San Felipe de Austin by T. J. Pilgrim of the bap- tist church. It soon, however, met with interruption. A difficulty arose between some Mexican litigants, who visited San Felipe, and some of the settlers ; and Austin, aware that the visitors would not fail to notice the violation of the colonization law, deemed it prudent temporarily to close the school. ^^ With regard to religion, the Texan colonists at this early date had neither opportunity nor much inclina- tion to practise it. Dewees, writing in November 1831, says : " The people of this country seem to have forgotten that there is such a commandment as ' Re- member the sabbath day and keep it holy.' This day is generally spent in visiting, driving stock, and break- ing mustangs." "I have not heard a sermon since I left Kentucky, except at a camp-meeting in Arkan- sas." °^ Having furnished the required certificate of his catholic faith, the Anglo-American eased his conscience by refraining from any practical expression of it. Apart from the causes mentioned of dissatisfaction " Coah. y Tex. Leyes, 127-30. '^Baker's Texas, 74-5. Hutchinson's Heminis., 213. Another sabbath- school was opened the same year at Matagorda. "^Letters from Tex., 137. In 1824 the ReT. Henry Stephenson, of the methodist denomination, preached the first protestant sermon west of the Brazos, near San Felipe. There were four families present on the occasion. The first baptist preacher was Joseph Bays, who preached on Peach Creek, west of the Brazos, iu 1826. He presently removed to San Antonio, where he labored till ordered away by flie Mexican authorities. Hutchinson's Hem- inis., 209, 212-13. WAR BREWING. 97 between the state and the colonists, the government showe'd itself otherwise favorably disposed toward them. Hitherto they were left unmolested in the management of their internal affairs, and besides its readiness to extend land grants, the state displayed equal willingness to encourage Anglo-American enter- prises of othex kinds. In October 1827 Leon Alemy obtained the exclusive privilege, for a term of six years, to sink artesian wells; and in February 1828 a like privilege, for twenty-three years, was granted to John L. Woodbury and John Cameron to work iron and coal mines in the state, facilities being afforded them for the introduction of the necessary machinery The same year John Davis Bradburn and Stephen Staples obtained a similar right to navigate for fifteen years the E,io Grande with boats propelled by steam or horse power.''* But the federal government was not equally con- siderate ; and with its customary interference in the internal affairs of the states, it presently began a sys- tem of encroachments on the liberty and rights of the settlers, thereby establishing a mine of grievances which the colonists exploded by the outburst of a bloody revolt. ^* Coah. y Tex. Leyes, 83-4, 98-9, 100-1, 106-7. Bradburn was not a Texan settler. He had joined Mina's expedition, and afterward, joining Guerrero, rose to distinction in the republican ranks. Uist. Mex., iv. 675-6, this series. Thrall's Hist. Tex., 506. Hist. N. Mex. States, Vol. II. 7 CHAPTER VI. MEXICAN OPPRESSION AND TEXAN REVOLTS. 1826-1832. Hayden Edwards' Grant — His Difficulties and Want of Policy — Mexi- cans VERSUS Colonists — Annulment of Edwards' Contract — John Dunn Hunter — Discontent of the Cherokees — The Fredonian Re- volt — Covenant with Indian Tribes — Delusive Hopes — Red Men's Perfidy — Murder of Hunter and Fields — Failure of the Revolt — Progress and Condition of the Colonies — Mexico's Fears of Losing Texas — Alaman's Propositions — Law of April 6, 1830 — Mili- tary Despotism — Establishment of Custom-houses — Ports of Texas Closed — Demonstrations of the Colonists — ^Bradburn's Outrages — Hostilities at Anahuac — The Turtle Bayou Resolutions — Capture OF Fort Velasoo — Mutiny at Anahuac and Flight of Bradburn — Resolutions of the Ayuntamientos — Nacogdoches Evacuated — Tranquillity Restored in Texas. In the latter part of 1826 the first indication ap- peared of the intention on the part of Anglo-American settlers to resist oppression. It has been already men- tioned that, when Austin was in the city of Mexico, one of the causes of the delay which attended his en- deavors to procure a confirmation of the grant conceded to his father, was the numerous applications that were being made at that time for similar contracts. Among the applicants was Hayden Ed^vards, who after much trouble, eventually succeeded in obtaining from the government of the state of Coahuila and Texas a con- tract to settle 800 families on lands surrounding Na- cogdoclies.^ Edwards thereupon proceeded to the 'The limits of his grant were as follows: beginning at the angle formed by a line twenty leagues from the Sabine, and one ten leagues from the coast of the gulf of Mexico; thence in a northerly direction, passing the post of Nacogdoches, and in the same direction fifteen Jeagues above; tlience westerly EDWARDS' PLANS. 99 United States, and spared no pains or expense in en- deavoring to fulfil his contract, at the same time in- ducing his brother. Major Benjamin W. Edwards, to go to Texas and aid him in establishing his colony.^ In October 1825 Hayden Edwards returned to Texas and took up his residence at Nacogdoches. He soon discovered that he had difficulties to contend with that had never troubled Austin. Portions of the lands conceded to him were already occupied by Mexican settlers, some of whom had been driven from their homes after the destruction of Long's expedition, and had recently returned. Nacogdoches had again about 100 inhabitants, and certain of the villanous class, formerly of the ' neutral ground,' had taken up lands. These latter, without regarding Edwards with any particular aversion, were wholly averse to subordina- tion ; while the Mexicans, jealous of his authority, and angry at an American being placed over them, showed marked symptoms of unfriendliness. There were, moreover, among them many turbulent and bad char- acters, and not a few fugitives from justice. The re- sult was, that, as Edwards' immigrants arrived, the colony was quickly divided into two hostile factions. Edwards did what he could to preserve order and at right angles with the first line to the Navasoto creek; thence down said creek till it strikes the upper road from B6jar to Nacogdoches; thence east- wardly along the said road to the San Jacinto; thence down said river to within ten leagues of the coast; thence eastwardly along a line ten leagues from the coast to the beginning. Yoakum's Hist. Tex., i. 462, where a trans- lation of the contract will be found. The la^t line is described as being drawn within only ten miles of the coast. This is evidently an error, and should be leagues. The state government had no power to authorize the establishment of settlements on the ten-league coast reserve. The federal congress alone could grant that privilege. '' Foote states that Benjamin Edwards paid a long visit to Austin, and had many conversations with him on the subject of the colonization of Texas. According to this author, Austin and Edwards were of one mind, and had in view ' the firm establishment, in this favored country, of the institutions of civil and religious freedom, and the redemption of a region from foreign rule, which rightfully belonged to the people of the United States, and of which they had been notoriously bereaved by fraudful negotiations. ' They, how- ever, agreed that many grievances would have to be borne before the colonies were strong enough to throw off the yoke. Tex. and the Texans, i. 22. It is diflScult to believe that Austin expressed any such ideas with regard to the fraud practised on the U. S^ 100 MEXICAN OPPRESSION AND TEXAN REVOLTS. maintain his authority, but several measures adopted by him were far from politic. The second article of his contract provided that all possessions found in Nacogdoches and its vicinity, sup- ported by the corresponding titles, should be respected ; and that in case any of the ancient possessors should claim preservation of their rights, it was the empresa- rio's duty to comply therewith. This afforded a wide loophole through which to thrust in claims to the most valuable lands, and old title deeds were diligently searched for or manufactured.' In order to ascertain the extent of these claims, Edwards, in November 1825, called upon all persons holding such land titles to produce them, in order that their legality might be decided upon according to law. In this there was no harm; but he gave further notice that the lands of those who failed to present their titles would be sold, • and that claimants whose titles were just would have to pay for any improvements that had been made on the lands by the present occupiers. This caused in- dignation to the Mexicans, and gave great offence to the authorities, who could but regard his notification in respect to the sale of lands as an assumption of power that had never been given him. By the sixth article of the contract Edwards was authorized to raise the national militia within his colony, and was appointed its chief until further dis- position should be made. Accordingly he gave notice for the election of militia officers to take place on December 1 5th of the same year. At the same time he proposed that the people should elect an alcalde. With the election of this magistrate the more serious troubles began. Each party had its candidate for the office; Chaplin, Edwards' son-in-law, being put for- ward by the American colonists, and Samuel Norris, devoted to Mexican interests, by their opponents. The election decided in favor of the former, who took ' A Mexican named Antonio Sepillveda was engaged in this nefarious busi- ness. Y oakums Hist. Tex. , i. -3S. TYRAJSTNICAL GOVERNMENT. 101 possession of the archives and entered upon the duties of the office. But Sepiilveda, the outgoing alcalde, and his party disputed many of the votes as having been cast by settlers residing outside the limits of Edwards' grant, though under the alcalde's jurisdic- tion. Accordingly, they represented the matter to Saucedo, the political chief at San Antonio. Already offended with Edwards by reason of a report sent in by the latter giving an account of his official acts, and which was not deemed sufficiently respectful, Saucedo decided in favor of Norris, and instructed Septdveda to install him by force of arms if any opposition was offered. No resistance was made, however; on the exhibition of Norris' commission Chaplin surrendered up the archives of the office to him. And now commenced a system of petty tryanny and invidious distinctions, which exasperated the col- onists. Americans, who had wrought improvements on their lands, were ousted from them to give place to Mexicans, the favorites of Sepiilvada and the alcalde. A band of regulators was formed, under the command of James Gaines, the brother-in-law of Norris; and backed by these ruffians and the official support of Saucedo, the Mexican party domineered as they liked. Moreover, accusations against Edwards were made to the political chief, who did not conceal his hostility to the empresario.* Early in the summer of 1826, Hay den Edwards again returned to the United States, leaving to his brother the management of the colony during his absence. Benjamin Edwards, in his anxiety to over- come existing difficulties and avoid future trouble, sought the advice of Austin, who recommended him *Iii hia letter to Edwards dated May 1, 1826, he writes: 'Hitherto, the accnaation against you, which has arrested the attention of the supreme gov- ernment of the union, is the ordinance which you yourself published in Oct. of the past year, proclaiming yourself the military chief of that part of the state, and demanding of the old inhabitants the titles of the lauds which they possess; for which acts the corresponding charges shall be made when the government shall so order. ' Now Edwards had only acted in the matter of the militia in accordance with the provisions of his contract. Id., 241. 102 MEXICAN OPPRESSION AND TEXAN REVOLTS. to send to Blanco, the provisional governor of the state, a detailed account of the conduct of both par- ties.^ This was accordingly done ; on September 5th 'Benjamin Edwards despatched his letter, in which, after entering into full particulars, he alluded to the charges that had been preferred against his brother, and requested the governor to abstain from taking action until the empresario had an opportunity of defending himself Before the receipt of a reply to this communication, Hayden Edwards returned, and was soon made aware of the reception it had met with, by the rumor which was spread that his contract was going to be annulled. At this the Mexican pop- ulation was jubilant. It was confidently anticipated that, as a consequence, titles to land acquired through him would be revoked, and claims were at once set up to all the most valuable places occupied and improved by Edwards' colonists. The shamelessness of Norris — who was, however, controlled by Gaines — was such that these abominable claims were sanctioned by him. A reign of terror followed. American settlers were dispossessed of their homes ; were arrested at midnight and dragged before the alcalde, to be punished for acts they had never committed; they were fined and im- prisoned; and every contumely and vexation that envy and malice could suggest were heaped upon them. The tyranny exercised was so glaringly out- rageous and intolerable that most of Norris' Ameri- can supporters abandoned him. At last the governor's reply to Benjamin Edwards' letter arrived, confirming the prevailing rumor. It was dated Saltillo, October 2, 1826. Blanco, after stating that the communication addressed to him was wanting in respect, continues as follows: "In view of such proceedings, by which Hayden Edwards' conduct is well attested, I have decreed the annulment of his ' ' Give him a full statement of facts, and a very minute history of the acts of your principal enemies and their opponents, and their manner of doing business in every particular, both in regard to your brother as well as all others.' Foote'a Tex., i. 269. CHEROKEE IMMIGRANTS. 103 contract and his expulsion from the territory of the republic. He has lost the confidence of the govern- ment, I doubt his fidelity, and it is imprudent to admit men who begin by dictating laws as sovereigns." He concludes by informing the two brothers that if these measures were unwelcome or prejudicial to them, they could apply to the supreme government, but not until they had both first evacuated the country, and that he had issued orders to the authorities of the depart- ment relative to their expulsion.^ It was an arbitrary and unjust proceeding thus summarily to inflict a heavy pecuniary loss' on the empresario, and banish him without affording him a chance to defend his line of conduct. And in this light it was viewed by his colonists, and they were determined to remain passive no longer. While Hayden Edwards was in the city of Mexico applying for his contract, certain chiefs of a tribe of the Gherokees, which had lately immigrated into Texas, were petitioning at the same time for a grant of land whereon to settle. Among these chiefs was one Fields, a half-breed, who possessed great influence with the Indians. Without receiving any formal assign- ment of territory. Fields, confiding in promises made to him, and a conditional agreement in 1822 with Felix Trespalacios,* then governor of the province, on his return to Texas established a village about fifty miles north of Nacogdoches. Several years passed, how- ever, and still no legal titles' to the lands the Indians had settled upon was given to them. About the year 1825 John Dunn Hunter,^ a devoted champion of the 'Yoakum supplies a copy of all this portion of Blanco's letter. Hist. Tex., i. 243. ' Edwards had expended $50,000 in his efforts to establish his colony. Id., 244. 8 This agreement was confirmed by Iturbide, April 27, 1823. Id., 216. 'This remarkable man was brought up by Indians from his earliest child- hood till he was nineteen or twenty years of age. In 1823 he published a narrative of his captivity, under the title: Manners and Customs of Several Indian Tribes Located West of the Misaimppi, Philadelphia, 1823, 8vo, pp. 402; and in the same year a reprint the work in London, entitled: Memoirs of 104 MEXICAN OPPRESSION AND TEXAN REVOLTS. rights of Indians, and an earnest laborer for the pro- motion of their welfare and civilization, appeared in the Cherokee village. He soon perceived the flimsy tenure by which the Indians held their lands, and did not doubt that the Mexican government would dis- pense with its promises and provisional agreements ^° whenever it might be deemed convenient to do so. Hunter, therefore, with the consent of the chiefs, undertook a journey to the city of Mexico, for the purpose of representing their case to the supreme gov- ernment, and procuring for them their long-promised title. He arrived at the Mexican capital in March 1826, but his endeavors met with no better result than those of preceding representatives of the tribe, and vague promises, as heretofore, were all that could a Captivity among the Indians of North America, from CMldlumd to tlie Age of Nineteen, 8vo, pp. ix., 447. In 1824 a third ecUtion was issued with addi- tions, 8vo, pp. xi., 468, London, 1824. Hunter states that he had no recol- lection of his parents, who, he believed, were killed at the time of his capture, but when or where that occurred he could not tell. His skill in hunting when yet a boy gained for him the name of ' hunter ' among the Indians, which he afterward- adopted as a patronymic. He assumed his other names out of respect to John Dunn of Missouri, who treated him with fraternal kindness after his association with white people. Having formed acquaintance with fur-traders, he abandoned his Indian life in 1816, and engaged in trading. During the intervals between the trading seasons, he attended for some years a school near Pearl River, Mississippi, and applied himself assiduously to the study of the English language, writing, and arithmetic, in which he made great proficiency. In 1821 he crossed the Alleghanies, went to New York, and, as he says, began a new existence. He afterward visited England and Europe. During 1823—4 he was lionized by the fashionable world in London, and excited the deepest interest of philosophers and philanthropists, literati and noblemen, not only on account of his romantic life, but also of his project of civilizing the Indiana. This could only be effected, he maintained, by the introduction of civilized habits by a slow and invisible progress, and his plan was to form a settlement in which Indian manners and customs would at first be adopted, but gradually eliminated with time. In the summer of 1824 he left London and went to live with the Cherokees in Texas, over whom he immediately acquired a leading influence. Hunter was denounced by the periodicals of the U. S. as an adventurer who imposed on the credulity of the British public, and the North American Review, 1826, xxii. 101-7, in un- qualified language proclaims him a bold but ignorant imposter. There are many writers, however, who do not regard him in this light, but consider that he brought down upon himself the enmity of many persons in the U. S. on account of his outspoken vindication of the rights of the Indians. Consult Quart. Rev., xxxi. 76-111; Blackwood's Mag., xvi., 639, x™. 56; Literary Oaz., 1823, p. 242, etc.; Ward's Mex., ii. 5S7-S; Foote's Tex., i. 239-47. '" The agreement of April 1823 was made with the understanding that the Indians should retire farther into the interior, and that no additionS families should immigrate till the general colonization law was published. Yoakum's Hist. Tex., i. 216. THREATENED INDIAN OUTBREAK. 105 be obtained from the cautious government. When Hunter on liis return reported his want of success, his people were terribly exasperated against the Mexicans, who, they considered, were intending to defraud them of lands which they now regarded as their rightful possessions. Driven from their vast hunting-grounds in the United States by the advance of the Anglo- Americans, their past experience had made the Cher- okees watchful and suspicious, and they regarded the white race with no friendly feelings. Without making distinction, therefore, between the colonists and the Mexicans, they meditated avenging themselves by waging an indiscriminate war against the settlements. With this object they associated themselves with other neighboring tribes, which were not unwilling to make reprisals for the punishment they had frequently re- ceived at the hands of the Anglo-Americans.^^ They were, however, diverted from their purpose by the influence of Hunter, who persuaded them to postpone active operations for a time, while he informed him- self of the position of afiairs at Nacogdoches. Meanwhile the action of Edwards' colonists had assumed all the features of revolt. Exasperated beyond endurance by the tyrannical acts of Norris and Gaines, they had lately deposed the former, and installed another alcalde in his place. Apprehending that the political chief would send a force to restore the former order of things as soon as he heard of this proceeding, Hayden Edwards and his brother busily occupied themselves in visiting the settlements in order to rouse to action the spirit of independence. At this juncture Hunter paid them a visit, and representing to them the hostile intentions of the Indians with much earnestness, laid before them a proposal that the colonists and Cherokees should enter into a league and alliance for mutual protection. The plan was " Benjamin Edwards states in his address to the settlers of Austin's colony, Jan. 16, 1827, that no less than 23 different tribes had allied themselves with the Comanche nation. Footers Tex., i. 262. Ward says that the numerous Indian tribes mustered nearly 20,000 warriors. Ut sup. 106 MEXICAN OPPRESSION AND TEXAN REVOLTS. approved by 'the brothers, and Hunter returned to his village to communicate the matter to the Indian chiefs, who were easily induced to follow the advice of their zealous friend. A report that the enemy was approaching Nacog- doches caused Benjamin Edwards to hasten thither with all speed. Putting himself at the head of only fifteen men, he prepared a suitable flag — inscribed with the names of the individuals who composed his little band, and with a solemn pledge to stand by each other in the cause of independence — ^and on December 16th entered Nacogdoches, where he proclaimed free- dom and independence. He then proceeded to fortify himself in a large stone building in the centre of the town; the settlers flocked to his standard, and his force in a few days amounted to about 200 men. A republic under the name of Fredonia was proclaimed, and a temporary government organized. A committee of independence was inaugurated, justices of the peace were chosen for the different settlements, and Martin Parmer was appointed to the chief command of the military. On December 20th Hunter, Fields, and other chiefs of the associated tribes repaired to Nacogdoches, where on the following day a solemn league and confedera- tion was agreed upon and signed by the representatives of the colonists and Indians respectively.^^ By this covenant it was agreed to divide the territory of Texas between the Indians and Anglo-Americans, and wage war against Mexico until their independence was con- summated. The portion assigned to the red men Avas all the territory lying between the United States and ''^ A copy of this treaty in Spanish will be found in Cor. Fed. Mex., 18 Feb., 1827, p. 3-4. It was made by Benjamin W. Edwards and Harmon B. ilayo on the part of the Fredonians, and Richard Fields and John D. Hunter on the part of the Indians. It was ratified the same day by the committee of Independence and the committee of Red People. The signatures are as fol- low: on the part of the Indians, Richard Fields, John D. Hunter, Nekolake John Bags, and Cuktokeh; on the part of the colonists, Martin Parmer, president, Hayden Edwards, W. B. Legon, John Sprow, B. P. Thompson, Jos. A. Huber, B. W. Edwards, and H. B. Mayo. Foote also supplies a copy of this treaty, vol. i. 253-6. AUSTIN OPPOSES EDWARDS' PLANS. 107 a line drawn due west from Sandy Spring near Nacog- doches to the Rio Grande, thence up that river to its source ; all the territory south of this line was to be- long to the Americans. The Fredonians had based their project upon the expectation that not only would all the settlers and Indians in Texas support the movement, but also that volunteers from the United States would join the cause. Messengers were accordingly sent with procla- mations to Natchitoches and Austin's colony, appealing for aid in the cause of freedom. But the hopes of the insurgents were soon rudely crushed. Austin, cautious and politic, was not long in deciding that the Anglo- Americans in Texas were quite incapable of success- fully prosecuting a war with Mexico. Any such attempt would inevitably end in the ruin of his colony, and the frustration of his cherished plans to people a lovely land on a firm basis of welfare and happiness. Moreover, he condemned the policy of the Fredonians in associating themselves with barbarous and blood- thirsty Indians, at whose hands his settlers had suffered the only outrages they had as yet experienced. As a counter-effect to Benjamin Edwards' address,^^ he issued a proclamation January 22, 1827, denouncing in strong terms the insurrection. The Fredonians, whom he calls the " Nacogdoches madmen," were, he said, incit- ing the Indians to murder and plunder, and openly threatening the colonists with massacre. He repudi- ated them, pronouncing them base and degraded apostates from the name of Americans, to which they had forfeited all title by their unnatural alliance with Indians ; and concluded by calling the people of the colony to arms en masse, at the same time announcing that 100 men already called out would march against Nacogdoches on the 26th." Equally unfavorable was the reception of their ap- peals to the United States for aid. Huber, who had "Dated Nacogdoches, Jan. 16, 1827. Copy will be found in Id., i. 260-3. 1* Copy Austin's proclamation in Id., i. 266-8. 108 MEXICAN OPPRESSION AND TEXAN REVOLTS. been intrusted with that mission, on his arrival at Natchitoches represented, through the medium of the press, the Fredonian enterprise not only as a hopeless one, but also disreputable, and the succor that was confidently expected from that source was withheld. But the death-blow to this wild scheme was the deser- tion of the Indians. Many of the tribes would not join the alliance with a people against whom they were embittered. Mexican emissaries, too, were sent among tliem, who, by promises and threats, allured or alarmed them. When the time for action came they turned against their white allies. The rumor of the enemy's approach, which had spread at the latter part of December, was occasioned by the arrival of Colonel Ellis Bean ^° in the vicinity of Na- cogdoches with thirty-five men. Finding the place too strongly defended, Bean retired, and the Fredo- nians, seeing no cause for immediate alarm, dispersed to their homes, leaving Parmer with a few men on guard. Saucedo had, however, set out from San Antonio with about 200 men, under the command of Colonel Mateo Ahumada, and reached San Felipe de Austin by the 1st of January. On the 4th he issued a conciliatory proclamation, offering peace and secure possession of their lands to the subordinates, but his offers were received with contempt.^® On that same day Norris, with about eighty men, some dozen of whom were Americans, entered Nacogdoches with the avowed intention o£ hanging the Fredonians. Of the latter there were only eleven, with eight Cherokees, under Hunter, but they boldly charged the invaders, and quickly put them to flight, with the loss of one killed and ten or twelve severely wounded. The Fre- donians had only one man slightly hurt. It was an '' Bean had been made colonel for his services in the war of independence, and also obtained a grant of land in Texas. He was one of the settlers on Edwards' colony. He had lately returned from the Mexican capital, whither he had gone in 1825. Mem. of Cap. W. Shaw, MS. ; Yoakum's Hist. Tex. i. 236. '°/d., 249; Austin's address, in Foots, ut sup., 260. WAR INEVITABLE. 109 insignificant affair, but tlie first blood in strife between the Mexicans and Anglo-American settlers had been shed. Active measures were now adopted by Saucedo. The Indians were entirely gained over, and breaking their covenant, joined the Mexicans. Ahumada now marched against Nacogdoches with 200 infantry, 100 dragoons, and Austin's reenforcement of colonial mili- tia." A small number of Fredonians had assembled in the town, but their cause was irretrievably lost. Hordes of recreant allies were within a few leagues of them, ready to raise the war-cry and swoop down upon them. Hunter and Fields, who remained stanchly faithful, endeavored in vain to hold their people to their pledge, and were ruthlessly murdered for their fidelity.^* No aid from outside arrived ; the settlers, completely intimidated by the presence of the Mexican forces and the unexpected action of Aus- tin's colonists, submitted without striking a blow, on the promise of pardon for past offences ; and a band of twenty Fredonian regulars was captured. Under these circumstances, the party at Nacogdoches evacu- ated the town in despair on the approach of Ahumada, January 27th, and sought safety in the territory of the United States, which they entered on the Slst.'" Ahumada, yielding to the solicitations of Austin, re- leased his prisoners. This unusual clemency on the part of a victorious Mexican commander elicited from Benjamin Edwards a warm expression of his thanks.^" " Tornel, Resefla Hist. Mex., 158; Suarez y Navarro, Hist. Mex., 85. 18 Fields was first murdered, and shortly afterward Hunter. The latter, while watering his horse at a creek near the Anadagua village, was shot by an Indian. He was going, with two or three companions only— one of whom killed him— to join the Fredonians at Nacogdoches, having failed to induce the Indians to keep their promises. Fields was an intelligent man, and had joined the York lodge of freemasons while in Mexico. Foote, i. 280; Yoakum, i. 250; Cor. Fed. Mex., 31 Mar., 1827, p. 3. _ "Hayden Edwards returned after the Texan revolution, and at one time represented his district in the congress. His brother, in 1836, was engaged in raising a company in Mississippi in aid of Texas, but discontinued his efforts on receipt of the news of the battle of San Jacinto. In 1837 he was candidate for governor of Mississippi, but died during the canvass. Thrall s Hist. Tex., 531-2. , ^ ^^ , . . , 2» ' Your kind, your friendly, and generous deportment towards my friends 110 MEXICAN OPPRESSION AND TEXAN REVOLTS. Thus terminated an insurrection which, as far as active operations were concerned, was a trivial affair, but in its significance was weighty and ominous. During the three following years the progress and prospects of Austin's colonies were all that could be desired. His conduct in the late abortive rebellion had gained for him the pronounced confidence and commendation of the supreme government, ^^ and he was able to proceed rapidly with the settlement of the new grants he obtained in 1827 and 1828. Other colonies also showed progress. After the annulment of Edwards' contract the territory included in his grant was divided between David G. Burnett and Joseph Vehlein,^^ and immigrants continued to flow into that portion of Texas. Dewitt, although his first settlers were temporarily driven off by Indians, had laid out the town of Gonzalez ^^ in 182,5, and during 1827 and 1828 he succeeded in introducing a considerable num- ber of colonists. In De Leon's grant, the town of Victoria was founded, and La Bahia del Espiritu Santo had developed into a town of such appreciable dimensions, that by the decree of February 4, 1829, it was raised to the rank of a villa, and the high- sounding title of Goliad, or Goliath, given to it.^* On the Brazos a flourishing settlement called Brazoria had also sprung up. and fellow-soldiers while prisoners of yours, entitles you and the officers under your command to the expression of my thanks, and has insured to you and them a distinction in our hearts that will ever separate you from the rest of your countrymen who have oppressed us. As a foe to your country, I view you still as a national enemy; but as a man and a philanthropist, you have powerful claims upon my heart.' Edwards to Ahumada, March 25, 1827; Foote, i. 287. ^ "' Anastaoio Bustamante, commandant general of the federal forces in the eastern internal states, in hij report to the war office, March 6th, says: 'No pudiendo menos que haoer una particular recommendaoion del gran m^rito que han contraido en esta Tlltima Jornada. , .loa estimables cuidadanos Felipe Austin y Juan A. Williams.' Cor. Fed. Mex., 31 iMar., 1827, p. 3. 22 Called Whelin on Austin's map. Burnet, Vehlein, and Zavala after- ward sold out to a New York company called 'The G-alveston Bay Co.' Almonte, Not. Estad. Tej., 68. 2" Named after Rafael Gonzalez, the governor pro tem. of the state. 2* Coah. y Tex. Leyes, 112. In 1827 the names of several towns in Coa- huila were changed. San Fernando received the name of San Fernando de MANIFEST DESTINY OF TEXAS. m Nevertheless, the attempt of the Fredonians had opened the eyes of the national government to the possibility that the infant giant it had adopted might not prove a very docile member of the Mexican fam- ily, and it began to consider that, in lieu of gentle treatment, a repressive system of education, backed by coercion, would be necessary erelong. The cramp was not immediately applied, it is true. Under the liberal and non-aggressive policy of Guerrero the colonists were left pretty much to themselves, and redress was even vouchsafed to them in the important matter of the abolition of slavery. But when he was overthrown, in December 1829, and Bustamante seized the helm, the recumbent tiger rose and showed his teeth. It cannot be urged that there did not exist very forcible reasons for apprehending that Texas would attempt to slip the leash. The designs of the United States were too apparent to admit of a doubt as to their expectations, and the territory was becoming thickly settled by emigrants from them. It did not require much penetration to foresee that this new land would soon be overrun by these aliens if the tide of immigration were not stopped. This increasing population, too, was not only alien in race, but. in political principles, habits, and religion ; while it was bound to the people it had migrated from by the ties of consanguinity, and the prestige of a glorious histor- ical record of a young nation that had rent asunder the bonds of oppression. It was, therefore, natural that Mexico should entertain fears as to the future obedience of the Texan colonists, and it was equally natural that the latter would not tamely submit to the imposition of fetters similar to those which the Kosas; Rio Grande that of Guerrero; Saltillo was changed to Leona Vicario; and Estevan de Tlaacala to Villalongin. Id., 65, 85. Filisola — i. 165 — to wrench an anagram out of Hidalgo's name, introduces h into Goliad, spelling it Golhiad. J. C. Beales, in Dec. 1833, describes Goliad as a wretched village containing 800 soiila. The inhabitants, almost without exception, were gam- blers and smugglers. Beaks' Journal, in. Kennedy's Tex. , ii. 35-6. 112 MEXICAK OPPRESSION AND TEXAN REVOLTS. fathers of most of them had helped to break. Yet in its short-sightedness the government, under the des- potic administration of Bustamante, thought to obvi- ate a probable, but not unavoidable contingency by adopting the very measures which were most calcu- lated to provoke a spirit of antagonism. Admitting, as Mexican writers are eager to assert, that a great number of settlers were adventurers who held their lands by no better titles than those of loaded rifles,^ and that there were many advocates of annexation to the United States, it must not be forgotten that Aus- tin's colonists — wlio far outnumbered all the rest together — were not of that class. They were an in- dustrious, respectable people, who had, through dan- gers, trials, and privations, built for themselves homes in the wilderness, and converted wastes, that were valueless to Mexico till their arrival, into -thriving farms and plantations. They had formed a commu- nity which had been welded together in the furnace of hardship and toil, and which had neither interfered nor had been interfered with in political matters. For nearly a decade they had been left alone and had ruled themselves. ^^ No disposition had been made by either the national or state legislature for their gov- ernment other than the provisional one which had vested the political and military administration in Austin. Crime among them was rare, and their morality and other virtues were far above the Mexi- can standards. But they had an uncompromising love of republican freedom, and they had confidently expected that a republic which had based its constitu- tion on that of the United States would put in prac- tice the free institutions it proclaimed. They could not recognize the principles of centralism in face of the constitution of 1824. ^^ Rivera, for instance, speaks of ' aventureros de todaa las naciones que se apropiaban por si mismos los terreuos que mas las acomodaban, fuudindose ea la razon del rifle. ' Hist. Jalapa, iii. 25. ''" 'Aquellas colouias, que se gobernabau i, su antojo, 6 por leyes norte- ameriuauas.' Id., 27. MEASURES m MEXICO. 113 The evil spirit which inspired the Mexican legisla- ture to make the fatal mistake of attempting to curb the designs of the United States, by the exercise of oppressive measures against the Texan colonists, was Lucas Alaman, the minister of relations under the new government. On February 8, 1830, he laid a memo- rial before congress, in which with just reason he calls attention to the danger Texas was exposed to of being absorbed by the northern republic, and to the careless- ness which the government of the state of Coahuila and Texas had shown in its neglect to see that the colonization laws were properly carried out. Orders of June 1827, and April 1828, respectively, providing that no more than the number of families designated in a contract should settle on the corresponding grant, and that colonies near the boundary line should be composed of settlers who were not natives of the United States, had, he said, been without effect; and he expatiated on the fact that a large number of in- truders had taken possession of lands, especially near the frontier, without any pretension of satisfying the formalities of the colonization laws. He then sug- gested measures which he considered would be ade- quate to preserve Texas to Mexico, and which ought to be immediately put in operation. They were, firstly, to increase the Mexican population by making Texas a penal settlement, the criminals transported thither to be employed in the cultivation of the soil ; ^^ secondly, to introduce foreign colonists differing from North Americans in interests, habits, and language ; thirdly, to establish a coasting trade between Texas and other parts of the republic, which would tend to nationalize the department; fourthly, to suspend, as far as Texas was concerned, the colonization law of August 1824, and place the settlement of that department under the direction of the general government; and fifthly, to "In 1833 a number of laws were passed with the object of colomizing Texas with crimioals and deserters. The reader can consult Arrillaga Recop., 1832-3, 433; 1833, Apr. and May, 89, 132-7; Vail. Doc., ii. 151; Men. Mem. Juetma, 50-1; Jd., 1833, 8-9, in Mex. Mem., 2, doc. 7 HiBT, N. Mex. Siaibs, Vol. U. 8 114 MEXICAN OPPRESSION AND TEXAN REVOLTS. appoint a commissioner to examine and report upon the condition of affairs in the Texan colonies, as to the number of contracts entered into and families intro- duced, the amount of land occupied, the number of slaves in each settlement and the legality of their importation, and the fulfilment or non-fulfilment of existing contracts.^ Alaman's views were responded to by the subservi- ent congress, and on April 6, 1830, a law was passed which prohibited the citizens of nations bordering on Mexico from colonizing any of her states or territories immediately adjacent to them. It also declared that colonization contracts not yet fulfilled, or such as were in opposition to this law, were forthwith suspended; that no foreigner under any pretext whatever would be allowed to enter the northern frontier, unless pro- vided with a passport from the Mexican consular agent at the place of his previous residence. With regard to colonies already established, and the slaves introduced into them, no change would be made, but the further importation of slaves was strictly forbid- den.^^ These provisions were tantamount to the special exclusion, for the future, of Anglo-American settlers, and of them only. The law in itself was obnoxious to the Texan colonists, and this invidious distinction made it doubly so. It was received with out-spoken dis- satisfaction. Grievances of an oppressive character immediately followed. The despotic government of Bustamante did not delay matters. With the year 183.0 the exemption from duties that had been con- ceded to the colonists on articles imported for their own use ceased. This privilege had been greatly abused, and it cannot be denied that the settlers availed themselves of it to carry on smuggling to an extent very detrimental to the revenue — a practice which also had to be suppressed. ^ Ink. de Ley., in Alaman, Not. Biog., 47-56. ^'Articles 9, 10, and 11 of the decree, copy of which will be found in Du- hlan and Lozano, Leg. Mex., ii. 238-40. MILITARy DESPOTISM. 115 Simultaneously -with the promulgation of the law, Manuel Mier j Teran, who had been appointed com- mandant general of the national forces in the estados de Oriente, was instructed to proceed to Texas with a sufficient force and carry its provisions into effect, as well as establish inland and maritime custom-houses. Accordingly, he entered the department with the 1 1th and 12th battalions of regular infantry, the 9th regi- ment of cavalry, the presidial companies, and the militia of the three estados de Oriente, supported by some artUlery. A military despotism was soon in- augurated. Only the colonies of Austin, Dewitt, and Martin De Leon were recognized, aU other concessions being suspended tUl the contracts had been examined and their fulfilments verified ; titles were denied to a great number of settlers already domiciled, and incom- ing emigrants from the United States were ordered to quit the country on their arrival. Military posts were established at the mouths of La Baca and Brazos rivers, at Matagorda, Galveston, and Andhuac, and at Goliad, Victoria, San Felipe de Austin, Tenox- titlan, Nacogdoches, and other places ; custom-houses were established, and a war vessel stationed on the coast. ^^ The soldiery distributed at these posts was for the most part composed of convicts and the worst class of men in Mexico,^^ contact with whom was contamination, arid whose bearing was insolent and outrageous. Having completed his dispositions, Teran went to Matamoros, leaving Davis Bradbum^^ at And,huac, ^Suarez y Navarro, Hist. Mex., 244-6; Rivera, Hist. Jala/pa, iii. 26-7; Filisola, Mem. Hist. Guerra Tej., i. 161-5, 169-70; Mex. Mem. Guerra, 1830, p. 3; Kennedy's Tex., i. 375-7, ii. 4^5; La/renaudi^re, Mex. et Ouat., 231; Hunt's Address, 24; Willson's Am. Hist., 635. '' In order that the reader may form some idea of the class of men from which the Mexican troopa were drawn, and the means employed to raise recruits, I quote the provisions ou these points laid down by decree of the congress of Coahuila and Texaa dated Sept. 29, 1826. "The ayuhtemientos with the assistance of armed force wiU proceed to make levies; vagabonds and disorderly persons shall be taken in preference for military service, recruits may be obtained by entrapment and decoy.' Articles 4, 5, and 9, in Coah. y Tex. Leyes, 42. 82 Bradbum was an American by birth, but had served in the revolution- ary war, and had obtained the rank of colonel in the Mexican army. 116 MEXICAN OPPRESSION AND TEXAN REVOLTS. at the head of Galveston Bay,^' with 150 men; Colonel Piedras at Nacogdoches, with 350 men; and Colonel Ugartechea at Velasco, the post at the mouth of the river Brazos, with 125 men. Ramon Miisquiz at this time was political chief at San Antonio de Bdjar. Bradburn was by nature a tyrant, and made himself consipcuous as such. A series of outrages was soon commenced by him. The local authorities were set at naught, and military law substituted for civil jurisdic- tion; settlers were dispossessed of their lands and property, many of them were imprisoned, and no re- dress could be obtained for thefts and robberies com- mitted by the rascally troops. When the state congress assembled in January 1831, it declared that Jose Maria Letona had been duly elected governor, and Juan Martin De Veramendi vice-governor. Urgent applications had been made by numerous settlers for the appointment of a commis- sioner to extend titles to them, and Letona, who could do no otherwise than regard the law of April 6, 1830, . as unconstitutional, and an infringement on the sover- eignty of the state, sent Francisco Madero in that ca- pacity, with Jose Maria Carbajal, as surveyor, to put the inhabitants of the Trinity River in possession of their lands. The commissioner, in accordance with the state colonization law, granted the required titles, established the town of Liberty, and appointed an ayuntamiento. Teran, as uncompromising a centralist and as aggressive as Bustamante himself, seized this opportunity to exercise his despotic power. Declar- ing that the law of April 6th was being contravened, he ordered Bradburn to arrest Madero and Carbajal, who were accordingly cast into prison at Andhuac. Bradburn next dissolved the ayuntamiento at Liberty, established one at And,huac, and assuming the appro- priation of a large tract of country, proceeded to dis- tribute lands. AU these acts were performed without " Anihuac was known as the port of Galveston, opened in 1S25. The islajid was uninhabited at this time. COLLECTION OF REVEmJE. 117 any authority from the state government; indeed, Bradburn did not condescend even to consult or ad- vise it on the matter. These high-handed measures were complemented by various tyrannical proceedings affecting the welfare of the community at large, and the personal rights of individuals. In the collection of the customs, to the payment of which the colonists had lately been made subject, great disgust was caused. Not that they were op- posed to paying legitimate duties, but the offensive steps taken to collect them provoked their ire. The revenue officers were avowedly inimical in their prin- ciples to the interests of the Texans, and their con- temptuous bearing and arbitrary dealing, supported by bands of armed soldiers, were doubly galling. The tariff, moreover, was considered unreasonable. To facilitate the collection of the custom duties and pre- vent smuggling,^* all ports except that of Antihuac, which only vessels of six feet draught could enter, were ordered to be closed. But the indignation aroused at this blow at the commercial interests of Texas, and the attendant inconvenience in other respects, was such that on December 16, 1831, a large and angry meeting was held at Brazoria to discuss the question. Commissioners were sent to Andhuac to demand the withdrawal of the order. Bradburn grumbled and asked that time be allowed him to communicate with Teran; whereupon threats of an attack were uttered, and the port of Brazos was reluctantly allowed to remain open." It is not surprising that, under such circumstances, some proceedings which will not bear scrutiny were committed or connived at by the settlers. Arms and war material were introduced into the country from 8* It is narrated that in July or August 1830, a band of smugglers, in order to carry on their operations unopposed, seized the administrator of the revenue in Matagorda, and placed him in a boat under the custody of ten men. Pinart's Col., Print, no. 214, p. 2. „ „ ,„-« ,«o 35 Yoakum, i. 281-2; Filisola, ut sup., i. 186; Tex. Aim., 1859. 103. 118 MEXICAN OPPEESSION AM) TEXAN EEVOLTS. the United States in spite of the custom-houses. Smuggling greatly increased, and was very defiantly carried on. In December 1831, while the colonists at Brazoria were under great excitement at the clos- ing of their port, the schooners Ticson (sic), Nelson, and Sabine, under the protection of an armed band of colonists on shore, sailed out of the harbor without paying the custom dues they owed; and when an attempt was made to oppose their departure, the Mexican troops were fired at from the vessels and a soldier wounded.^* The administrator of customs at Anjihuac, considering it convenient to remove the re- ceiver's office at the mouth of the Brazos to the town of Brazoria, sent thither, in January 1832, the col- lector Juan Pacho to effect the change. Pacho arrived ofi" Brazoria on the night of the 22d, and remaining on board, sent on shore a soldier to deliver a copy of the ordinance to the authorities. The unfortu- nate bearer was almost beaten to death by the colo- nists, and such hostile demonstrations were made, that Pacho, deeming it unsafe to remain on board, was glad to land during the night and escape to a place of security. On the 29th of the same month the Sabine, holding in contempt Teran's orders to detain her and put her crew on trial if she returned, boldly came to anchor at Brazoria, with a full cargo from New Orleans, and two cannon! Nor were the Mexican troops in sufficient force to interfere with her. Thus mutual aggravation widened the breach. Instances of wrongs inflicted on individuals, and invasions of their personal liberties, were frequent. Servants were inveigled away by Bradburn from their masters, and made to work without remuneration ; the surrender of fugitive slaves was refused, and settlers were arbitrarily arrested and thrown into dungeons. ^^ "Filiaola, ut sup., 184-5. Teran's letter to Austin dated Matamoros, Jan. 27, 18.32, in Id., 188-9. *' The reader is referred to the following authorities, which have been con- sulted as to the condition of affairs during this period; Kennedy's Tex., ii. 5-7; Holla's Tex., 322-3; Yoahum, i. 270-6, 281-2, 290-1; Foote's Tex., ii. MARTIAL LAW. 119 On May 15, 1832, Bradburn proclaimed all the coun- try lying within the ten-league coast reserve to be under martial law. In the same month, almost imme- diately after the adoption of this extreme measure, some soldiers of the presidial troops perpetrated a criminal outrage upon a woman in the vicinity of And- huac. The enraged settlers, knowing that no redress could be obtained, seized a worthless fellow of their community, who, if not an actual participator in the deed, had connived at it,^ and tarred and feathered him. While engaged in inflicting this punishment, a troop of soldiers despatched by Bradburn interfered. A scrimmage ensued, in which some shots were fired, and several of the colonists, among whom was William B. Travis— who at a later date gained high renown — were made prisoners. The captives were thrown into dungeons, and treated with great rigor. ^' This event and Bradburn's unwarrantable declara- tion of martial law having been duly reported to Teran, who was residing in Matamoros, the latter, on May 31st, instructed Piedras to proceed to Andhuac and take such measures to put an end to the disturb- ances as he might deem opportune. But before the receipt of this order, the angry colonists had taken the matter into their own hands. Many of the settlers on Trinity River and in Austin's colony flew to arms and marched to Andhuac, Francis W. Johnson being chosen their chief in command. The colonies were already ablaze with the spirit of resistance, and were 8-16; Larenaudiire, Mex. et Quat., 232; Willson's Amer. Hist., 635-6; Ed- wards' Hist. Tex., 186; Maillard's Hist. Tex., 58-62; Filisola, ut sup.,i. 169- 74; Teran's Letter to Austin, in Id., 185-9; Rivera, Hist. JaXaipa, iii. 26-8, 81; Suarez y Navarro, Hist. Mex., 246-7. '* Foote states that this Ainerican committed the outrage himself. Tex., ii. 16. FUisola's version is that a presidial soldier perpetrated the violence, and that the American, who lived close by, made no attempt to succor the woman. Ut swp., i. 193-4. 2' Yoakum, with reason, remarks that the different accounts given by Foote, HoUey, Kennedy, and Dewees of the events about to be narrated are very conflicting. But these writers, with the exception of the Englishman Kennedy, are Americans, and all derived their information from Texan sources. Reports and letters, however, of TJgartechea, Piedras, and Bradburn, sup- plied by Filisola, i. 205-30, throw much light on these occurrences, and en- able me to present them with greater clearness and correctness. 120 MEXICAN OPPRESSION AND TEXAN REVOLTS. ripe for rebellion. A certain John Austin*" was at this time one of the alcaldes of Brazoria. He was a man of great energy, and not being of the type to submit meekly to tyranny, had already obtained prominence by his decided views and spirited conduct. On the 10th of June he joined the insurgents with about 100 men, having captured on the preceding day Lieutenant Miguel Nieto, and a troop of cavalry sent out to re- connoitre by Bradburn, who was aware of his ap- proach. On his arrival, a demand for the release of the prisoners was made and refused, whereupon the settlers who had entered the town took up a position in the buildings of the plazuela de Malinche. During the next two or three days some desultory firing took place, but before any effective fighting occurred an adjustment was arranged, by which it was agreed that the prisoners should be released if the assailants would previously surrender their captives, and retire six miles away from the town. The colonists were will- ing to keep their part of the compact, and setting at liberty the cavalrymen, Austin retired with a portion of his forces to Turtle Bayou." Bradburn, however, having secured a quantity of ammunition that had been stored in one of the houses, and had escaped dis- covery, threw his stipulation to the winds, opened fire upon the insurgents that had remained in Andhuac, and drove them from the place. In January of this year Santa Ann a, had pro- *° This Austin was not a relative of Stephen F. Anstio. He was bom in Connecticut, and being of an adventurous spirit, went to sea when quite a youth as a sailor before the mast. Having joined Long's expedition in 1S19, he was sent with other prisoners to Mexico, where he fortunately obtained his release through the intercession of Poinsett. During his stay in the Mexican capital he became acquainted with Stephen F. Austin, and decided to accompany him to his colony. John Austin had great strength of charac- ter, and became an active and useful citizen. He died of cholera in 1833. He would have played a prominent part in the Texan revolution had he lived to see it. Holley'a Tex., 248-50; Thrall's Hist. Tex., 496-7; Edwards' Hist. Tex., 184; Filisola, ut sup., 195. *' Kennedy, ii. 8; Demees' Letters, 143; Filisola, i. 200-1. The latter author states that only half of Austin's force was withdrawn. Labadie's and Francis W. Johnson's accounts, in Tex. Aim., 1859, 30-40. UPRISING OF THE SETTLERS. 121 nounced at Vera Cruz against the government of Bus- tamante, and the usual war, which in Mexico follows such revolutionary appeals, was in full blast. The colonists were heartily sick of Bustamante's method of administering the laws of the country, and the in- surgents, on their arrival at Turtle Bayou, drew up a list of their grievances June 13th, and passed resolu- tions adopting Santa Anna's plan, and pledging their lives and fortunes to support the constitution, and the leaders who were then fighting in defence of civil liberty. All the people of Texas were invited to co- operate with them in support of these principles.*^ When Bradburn's intention not to fulfil his part of the agreement was no longer doubtful, the settlers were determined to enforce compliance. Knowing that it would be impossible to take the fort without artillery, John Austin went to Brazoria to fetch by sea the cannon brought by the Sabine, leaving the main force to blockade Andhuac during his absence. On his arrival at Brazoria a public meeting was held, at which the resolutions of June 1 3th were adopted, and Ugar- techea having refused to allow the vessel bearing the cannon to pass out of the river, it was decided to reduce fort Velasco before making the attack on Andhuac.*^ Accordingly John Austin, having collected 112 men, caused the cannon to be mounted on board the schooner Brazoria, then at that place, and marched to Velasco, At first some negotiations were carried on. Ugarte- chea was apprised of the adoption of the plan of Vera Cruz, and invited to join the settlers in his support. On his refusal the evacuation of the fort was demanded. This summons being also disregarded, Austin made his dispositions to attack. The schooner, which had dropped down the river, was moored on the night of *^Holley's Tex., 323; Edwards' Hist. Tex., 185-7. In the last authority a copy of the resolutions will be found. *sOn the 11th of May preceding a meeting of the citizens of Brazoria was held, at which it was proposed to attack the fort at Velasco. The proposition was lost by only a single vote. Foote, Tex., ii. 19. 122 MEXICAN OPPRESSION AND TEXAN REVOLTS. the 26th close to the shore, in front of the fort, about 200 yards off; and forty men, armed with rifles, were placed on board of her and protected by a bulwark of cotton bales. During the same night Austin with his remaining force in two divisions approached to within fifty yards of the redoubt on the land side, and under cover of the darkness, and the diversion caused by the fire from the schooner, threw up a palisade. Though firing was kept up during the night, little harm was done to either side ; but when day broke the affair as- sumed another aspect. Austin's breastworks afforded him little protection, the fire from the fort was galling ; and a violent storm of rain coming on, he was com- pelled to withdraw about 9 o'clock, while the Mexicans, whose only gun was mounted en barbette, suffered severely from the rifles of the besiegers. The schooner, however, kept up the engagement ; almost every man who showed himself at the gun or above the enemy's parapets was struck by the unerring riflemen. The besiegers' artillery, too, did good service, while the Mexicans' piece was so ill-managed in its exposed posi- tion as to do little injury to the Brazoria. Due credit must be given to Ugartechea's personal bravery. Over and over again, as the artillerist held the linstock to to fire the cannon, his exposed hand or arm was shat- tered, and when at last his men flinched from serving the gun, their commandant mounted the bastion and pointed it himself. His courage was appreciated. His foes, respecting his gallant bearing, had the mag- nanimity not to strike him down. After a contest of eleven hours the Mexican commander, having almost exhausted his ammunition, hoisted a white flag, and terms of capitulation were signed the next day, by which Ugartechea was allowed to evacuate the fort with the honors of war, his troops retaining their arms, ammunition, and baggage.** They were, moreover, "Yoakum, i. 295, incorrectly, and without authority, states that 'the enemy were deprived of their arms. See Filisola's statement,' i. 215, de- rived from Ugartechea's report of the affair. SUCCESS OF THE INSURGENTS. 123 supplied with provisions for their march to Mata- moros *^ According to American authorities, the loss of the Texans in this engagement was seven killed and twenty-seven wounded ; that of the Mexicans, thirty- five killed and fifteen wounded. Ugartechea, how- ever, only reports seven of his troops killed and nineteen wounded, ten of whom were shot in the hand or arm; Kennedy raises the number on both sides, assigning to the Texans eleven killed and fifty- two wounded, twelve of them mortally, and to the Mexicans about one half killed of the 125 men en- gaged, while seventeen "lost their hands by the fear- ■ ful drilling of the rifle." Meanwhile the forces left by John Austin around Andhuac maintained a steady blockade of the place, confining themselves to cutting off supplies and com- munication, without engaging in any active operation. Piedras, the commandant at Nacogdoches, having received Teran's instructions of May 31st, proceeded thither, about the end of June, with a small escort. On his approach he fell into the hands of the revolted settlers, and having heard their statements, promised that the imprisoned citizens should be released, and Bradbum removed. Piedras kept his word. Whether he would have done so under difierent circimastances is open to the gravest doubt;** but he saw plainly ** Consult Ugartechea'a report in Id., i. 205-16; Kennedy, i. 8-9; Foote, ii. 20-3; Yoakum, i. 293-5; and Tex. Aim., 1872, 166-70. Dewees' account is not only false in most particulars, but is conspicuous for absurd exagger- ations. He says that Ugartechea's force at Velasoo was 1,000 men, Bradburn's 700, and Piedras' 1,300 men; that 700 Mexicans were put to flight at Ani- huao by 100 colonists, and that 1,300 men under Piedras on march to support Bradburn surrendered to 17 'brave Texan lads ' ! Ugartechea, too, was cap- tured, according to this veracious letter- writer, with a large reenf orcemeut on Galveston island by a company of the insurgents; the garrison at Anihuac then surrendered themselves prisoners of war. Letters, 142-3. The partic- ular letter containing this account is dated Colorado River, Texas, Dec. 1, 1832, and was consequently written only five months after the occurrences it professes to describe. ** In an official letter which he addressed to Bradbum, July 4, 1832, he requested him to continue in command at Anihuac until the resolution of the commandant general was known. At the same time he counselled Bradbum 124 MEXICAN OPPRESSION AND TEXAN REVOLTS. that it would be impossible to cope successfully with the insurgents Having entered Andhuac July 1st, he assumed command on the following day, and sur- rendered from durance Travis and his companions, sending them to Liberty to have their cases decided by the judicial authorities at that place. It is need- less to add that they were immediately released. Bradburn, though requested by Piedras before his departure to continue in command, was too offended to comply, and the latter, having appointed Lieuten- ant-colonel Cortina to succeed him, and made other dispositions, returned to Nacogdoches. He had hardly turned his back, however, before the garrison at And,huac mutinied, and pronounced in favor of Santa Anna. Bradburn, at the instigation of the officers, reassumed command, and endeavored to keep the troops to their duty at the post by recognizing their pronunciamiento, and demanded that Cortina should remain their chief. But it was of no use. The troops were determined to abandon the place. On the 1 3th most of them, with their officers, marched for the south ; and at nightfall of the same day Brad- burn — who says, doubtless with truth, that after his surrender of the command his life was in constant danger — slunk out of Andhuac, and in disguise made his way to Louisiana, with a guide as his sole com- panion. On his journey he escaped molestation by saying that he was going to the United States to seek for aid to drive the Mexicans out of Texas.*' The opinion current in the south with regard to the revolt in Texas was that the colonists were attempting to separate from Mexico and annex the country to the to exercise prudence, and adopt conciliatory measures, until the govemment could send a sufficient force to reduce the colonists to implicit obedience — ' obligar a los colonos a! oumplimiento de las leyes, y reducirlos 4 la mas ciega obediencia. ' Filisola, ut sap. , 222. ■" Consult the letters of Piedras and Bradburn 's account in Id., i. 218-30. Bradburn went from New Orleans to Matamoros in the early part of 1833. He entered Texas with Santa Anna in 1836, and being in command in Urrea's rear division, escaped death or capture at San Jacinto. POLITICAL ACTION. 125 United States. Colonel Jos^ Antonio Mejfa was, therefore,, sent by Montezuma, the comandante at Tampico, and who had declared in favor of Santa Anna, with a squadron of six ships, having 400 troops on board, to punish the Texan insurgents. Touching at Brazos de Santiago, Mejia entered into a conven- tion with Colonel Guerra Manzanares, of the Busta- mante party, then in command at Matamoros,*^ the object of which was to enable him to prosecute his designs against the Texans without interruption. On June 14th he sailed for the mouth of the Brazos River, taking with him Stephen F. Austin, who was on his return from the state legislature, and came to anchor on the 16th. He immediately addressed a letter to John Austin, enclosing a copy of the conven- tion with General Guerra, which, he said, would in- form him of the motives that iiad brought him to that coast. John Austin's reply, however, showed matters in a different light, and caused Mejia to discard his preconceptions. The alcalde said that the enemies of Texas constantly attributed to the colonists a dispo- sition to separate from Mexico. So far from such be- ing the case, they were not only Mexicans by adoption, but in heart, and would remain so. He then touched upon the causes which had driven them to take up arms.** Mejia and Stephen F. Austin were conducted to Brazoria by a deputation of citizens; there they were received by the committee of vigilance, and the resolutions passed at Turtle Bayou on June 13th were presented to Mejia, In order to impress Mejia with a right conception of the sentiments of the colonists, the ayuntamiento of San Felipe de Austin instructed the subordinate officers of the different settlements officially to con- vene the citizens, inform themselves of their political *« Teran had engaged Montezuma at Tampico and had been worsted. His want of success preyed on his mind, and he committed suicide at Padilla, June 3d of this year, by falling on his sword. Nist. Mex., v. Ill, this series. Copy of the convention will be found in Filisola, i. 256-9. '^Edwards' Hist. Tex., 184-5. 126 MEXICAN OPPRESSION AND TEXAN REVOLTS. views, and forward reports thereon to the ayuntami- ento without delay. This investigation made it evi- dent that under no circumstances would jurisdiction by military power be allowed to take the place of the civil authority guaranteed by the constitution. On July 27, 1832, the ayuntamientos in assembly at Austin embodied the sentiments of the colonists in a series of resolutions. After calling attention to the calumnies against Texas circulated by her enemies, and attributing the late outbreak to the tyrannical and illegal acts of Colonel Bradbum, the ayunta- mientos as a body, expressing themselves in accord with the people of the Brazos district, pledged them- selves to adhere to. the principles of the republican party headed by Santa Anna, with no other object in view than to aid in sustaining the constitution, and to support the rights and privileges of the state of Coahuila and Texas, which had been insulted by mili- tary encroachments in the colonies since 1830. They moreover declared that the general and state con- stitutions ought to be religiously observed, and de- nounced a large standing army as a burden to the people and a continual disturber of the public peace, by affording the means of committing despotic acts. Copies of these resolutions were ordered to be pre- sented to Colonel Mejia and the political chief Ramon Musquiz, with requests that they would respectively transmit them to Santa Anna and the governor of the state."" Satisfied with these expressions of loyalty, Mejia, after visiting San Felipe and several neighboring set- tlements, sailed from the Brazos for Galveston Bay. On his arrival at the bar he met two or three small vessels from Andhuac, having on board a detachment of the troops that had been stationed there. From Subardn, the officer in command, he heard of the late pronunciamiento in favor of Santa Anna and the flight of Brad burn; whereupon he turned his prows toward wCopy of these resolutions in Id., 188-90. REVOLUTION GAINS STRENGTH. 127 Tampico, without troubling himself about the forces which had left that post by land." While Mejia was in Texas he did not fail to advo- cate the principles of the revolutionary party, and invite the troops, stationed at the outlying posts, to support the plan of Yera Cruz, and hasten to the seat of war. Having no time to waste in Texas, he had hurried his own departure, but the seed he sowed bore fruit. The revolutionary infection spread rapidly. Of the garrison at San Antonio, the greater portion pronounced and marched southward ; the detachments at Tenoxtitlan and other stations did the same; and by the beginning of August, a general exodus of the Mexican forces in Texas was taking place. Piedras at Nacogdoches alone remained true to his party prin- ciples and his post. But he was not to be left unmo- lested. He had made himself obnoxious to the mer- chants in his district, by monopolizing, to his own interest, the more lucrative portion of the trade with New Orleans, and his officers and troops, not holding the same pronounced opinions as himself, were restive. As Piedras' opposition to Santa Anna was well known, it was determined to force him to declare for the revolution, or dislodge him. Accordingly, the au- thorities at Nacogdoches, in accord with those at Aes Bayou and other places, collected about 300 men, who, on August 2d, Piedras having refused to submit to their demands, invaded the town. James W. Bullock was in command. When the colonists had advanced to the centre of the town, they were charged by the Mexican cavalry, which delivered its fire and wheeled, receiving a volley in return. Encarnacion Chirino, the .alcalde of the town, was killed by the Mexicans in this skirmish. The Texans now took up positions on the north and east sides of the stone building occupied by the Mexicans to the number of 350, and so galled the latter with their rifles, that Piedras evacuated the *' Filisola, ut sup., i. 231-6, 250-61, 265-8. 128 MEXICAN OPPRESSION AND TEXAN REVOLTS. place during the night. As the retreating troops were crossing the Anglena stream, they were fired upon by Colonel James Bowie and a small party of Texans who had succeeded in getting in their front. The same night the Mexicans pronounced in favor of the plan of Vera Cruz, and delivered Piedras up to the colonists. Piedras was conveyed to Brazoria, and thence sent to New Orleans, whence he proceeded to Tampico. The troops were allowed to pursue their march to Matamoros. According to Texan accounts the loss sustained by the Mexicans was forty-one killed and as many wounded, that of the colonists being three killed and five wounded. ^^ By the end of August not a Mexican soldier re- mained in the Texan colonies, the only force left in the department being a presidial troop of about seventy men stationed at San Antonio, under command of Colonel Antonio Elozua. This hardly sufficed to hold in check the Indians in the vicinity of that town. Thus was a brief period of freedom from oppression procured by the settlers.^* ** This account of the capture of Nacogdoches is taken mainly from Yoakum, who had before him a statement of Col A. Sterne, who was in the engagement, Col Bullock's official report, and the journal of Asa M. Edwards, in whose charge Piedras was placed. Hist. Tex., i. 297-9. FUisola's account — ut sup., i. 260-74 — agrees with that of Yoakum in the main particulars. He, how- ever, asserts that the Texans were repulsed at Nacogdoches, and resorted to tampering with the Mexican soldiers, which induced Piedras to evacuate the place. The loss of the Mexicans he places at one captain, Ortega by name, and a few of the soldiers — ' algunos individuos de tropa; ' Kennedy gives the loss of the Texans at three kmed and seven wounded, that of the Mexicans 18 killed and 22 wounded. Tex., ii. 14. '' Herewith is given a complete list of authorities for the foregoing chapters. Suarez y Navarro, Hist. M6j., 85, 244r-7, 314, 395-406; Boa Bdrcena, Recuer- dos, 643-53; Mix.; Col. Dec. Sob. Cong., 172; Id., Col. Corwtitudones, i. 195- 273; Id., Col. 6rd. y Dec., ii. 203; iii. 46-7; Id., Mem. Relac, 1827; Id., Mem. Guerra, 1830, p. 3; Id., Mem. Ouerra, 1833, p. 8; Id., Mem. Justida, 1831, annex 8; Texas, Coll. Docs, no. 50, ia Pinart, Coll.; Maillard's Hist. Texas, 54-60, 369-71; Austin, Esposic. al Publico, 4; Humholdt, Essai Polit., ii. 155, 822; Id., New Spain, ii. 247; Mendibil, Resumen Hist., 45; Torrmde, Eevol. Hisp.-Amer., i. 235-9; Oaz. Imp. Mex., i. 129-32, 268-70, 282-6, 293-5; Filisola, Mem. Hist. Ouerra Tex., i. 127-35, 204-16; Foote's Texas, i. 221-92; ii. 8-26; Dublan and Lozano, Leg. Mex., ii. 5; Tomel, Breve Reseila Hist., 145-6, 171-3; Id., Hist. Mex., 158; Bustamanie, Voz de la PcUria, ii., supl. no. 4; Id., Hist. IturUde, 160-1; Id., Cuad. Hist., viii. 177-8; Arrillaga, Recop., 1829, 73; 1834, 47-50; Kennedy's Texas, i. 307, 361-4, 369^77; ii. 4- 10, 444r-68; Arrangoiz, Mij., i. 125-8; ii. 196; Arizpe, Idea Gen., 1-59; Id., Memorial; Pike's Expl Travels, 341, 362-3; White's GoU. Laws, i. 416-548; AUTHORITIES. 129 Gac de Mix., 1811, ii. 301-2, 319-21, 359-66, 740-2, 1199-1203; 1812, iii. 35-6; 1815, vi. 94-5; 1819, x. 1229-35; Haasel, Mex. und Guat., 208-12; Ramsey's Other Side, 16-17; La Nadon, Oct. 14, 1856; Jay's Mex. War, 12- 15; Hays' Life, 2; Beime Am4ricaine, ii. 583-4; Lerdo de Tejada, Oomerc. Est., 21; Larenaudiire, Mex. et Guat., 203, 230-3; Dewees' Letters from Texas, 55-72, 119-34; Houston's Texas, i. 206; Guia de Hac. Sep. Mex., iv. 30-1, 308; vi. 267-8; Lester's Hcmston, 45-7; Lesur, Ann. last. urdv. pour 1827, 570-1; Petva, in Mayer MSB., no. 19, p. 22; Id., Mex. Azt., i. 327; Id., Hist. Mex. War, 43-9; Baker's Texas, 24-34, 69-76; McQlellan's Sepub. in Amer., 104; La Palanca, Apr. 23, 1827; Mex., Coah. and Texas, Colonization Law; Guerra, Em. N. Esp., i. 364; ii. 370-2; Gam, Tres Sighs, viii. 327-8; Mexico in 184^, 156-9; La Minerva, May 8, 1845; Mies' S. Am. and Mex., i. 261-3; Id., Register, x. 402-4; xxvii. 270, 334; xxxi. 157; xxxiv. 334; xxxvi. 424; xxxvii. 49, 87, 137, 168, 213, 277, 394; xxxviii. 4, 291; xxxix. 101; Mills' Hist. Mex., 177; Holley's Texas, 233-43, 316, 321-5; Modern Traveller, Mex. and Guat., ii. 28-9; Berlandier, Diario Viaje, 54-9; Semanario Polit., ii. 36- 42; Moffit's Rept, in Thompson's Rec. of Mex., 174; Mora, Rev. Mex., iv. 109, 145-9, 169, 262-70; Homtfs Hist. U. S., ii. 343; Coali. y Tex., Leyes, passim; Gonzales, Colecdon M Lean, 153, 228-30; Tex. Aim., 1859, 30-40; 1860, 225; 1861, 77-82; 1868, 48-9; 1872, 166-70; Papeles Varios, clxvii., pt 10; Cor. Fed. Mex., Jan. 20, Feb. 18, Moh 4, 12, 16, 17, 18, 29, July 21, Aug. 18, Nov. 23, Dec. 8, 1827; Feb. 18, May 2, June 1, 1828; GraUan's Civilized America, ii. 285-6; Blancliard et Dawaats, San Jvan de Ulua, 531; Edinb. Re- view, no. 147, p. 256, 259; Pattie's Narrative, 290-1; Pinart's MSS., no. 7; Id., Col. Doc., MSS., i., no. 248; Id., Print, no. 214, p. 2; El Veraa-uzano Libre, June 14, 1828, pp. 1-2; Smith's Ramin. Texas, 27; Dice. Univ. Hist. Geog., ap. i. 84; Thompson's Recoil. Mex., 174-7; Pino, Nuevo Mixico, passim; AlaTmin, Notic. Biog., 47-56; Id., Mem. d las Gdmaras, 29-30; Id., Hist. M6j., ii. 26-9, 94^9, 165-89, 208, 245-6, 257-8, ap. 34-5; v. 238-9, 701-2; Hutchison's Remin., 208-15; Cdrtes, Adas Ord., 1814, ii. 266; 1812, xiv. 177; 1813, xviii. 423; 1820, xi. 29-31; Almonte, Not. Est. Tejas, 14; Escalera y Liana, Mix. hist.-descrk>t., 13; Esplritu P-Hbl, Nov. 24, 1828; Jan. 22, 1829; Museo Mex., ii. 106; Young's Hist. Mex., 220; Ward's Mex., 553, 588-9; Nouv. Annaks Voy., lix. S12-5; Diaz Calmllo, Sermon, 143-6; Domenech's Miss. Advent., 20; Id., Journal d'vm. Miss., 23; Rimera, Hist. Jalapa, 23-8, 81, 262-3, 342; Fournel, Coup d'ceil sur Texas, 9-12; Zamacois, Hist. Mij., vii. passim; ix. 222; Visit to Texas, 214^17, 261-2; Bolet. Geog. Estad. Mex., ii. 20; Hunt's Address, 23-5; Rockwell's Span, and Mex. Law, 641-52; Thrall's Hist. Texas, 158-202, 482-5; Id., Hist. Methodism; Zerecero, Rev. Mex., 301-2, 367-74, 383-90; Atleta, 1830, 215-16, 225-8, 289; Willson's Amer. Hist., 631-7; Bolet. Soc. Mex. Geog., ii. 6, 20; vii. 138; ix. 267; Id., 2da epooa, i. 291. Hist. N. Mex. States, Vol. II. 9 CHAPTER VII. PROPOSED SEPAKATION OF TEXAS FEOM COAHUILA. 1832-1835. Arguments in Favor or Separation- — The Texan Convention — A Secessional CoNSTirtTTioN — Political Affairs in the Mexican Capital — Santa Anna's Cbaptiness — Austin Presents a Memorial TO THE Federal Govebnment^Its Reception — Austin Injudicious — His Arrest for Treason — Dragged from Court to Court — His Letter id the Texans — Maillard's Book — Santa Anna Dictator — Affairs in Coahuila — ^Texas Receives Redress — Saltillo versus MoNCLOVA — Adjustment of Differences — Santa Anna's Decision on the Texan Petition — Almonte's Report — Population of Texas — Fraudulent Sales of Public Lands — Separatists and Anti- separatists. In their first general attempt at resistance, narrated in the previous chapter, the Anglo-Americans were favored by the successful progress of the revolution in Mexico. Had it not been for this, their triumph, if indeed they had gained one, would have been of a more sanguinary character. As it was, the almost unanimous defection of the Mexican troops in favor of Santa Anna precluded the necessity of much fight- ing, and rendered victory easy. On the appearance of Mejla, the colonists were shrewd enough to repre- sent their late action as the practical utterance of political principles identical with those expressed in the plan of Vera Cruz; and that commander, appar- ently satisfied as to their loyalty, left the field to them, being too anxious to return to the seat of the more important struggle. Thus countenanced by a power- ful faction, relieved from the possibility of any imme- diate attempt on the part of Bustamante's government (130) SEPAEATION DISCUSSED. 131 to chastise them, and hopefully reliant on their own physical strength, they began to aim at the acquire- ment of an independent local administration.^ The reader will recollect that, on the formation of the state of Coahuila and Texas, there was a proviso in the decree, to the effect that when Texas possessed the necessary elements to form a separate state, notice should be given to the general congress for its resolu- tion on the matter. This was virtually an admission that the union of the two provinces was only provis- ional, and that the erection of Texas into a state at some future date was contemplated. The Texans considered that the time had arrived when the fulfil- ment of this promise might be expected. This aspi- ration was based on the extraordinary progress made in Texas, on the fact that her interests were entirely distinct from those of Coahuila, and were generally sacrificed or lost sight of by the state legislature, and that beneficial legislation could only be obtained by disunion. In the state congress her representation was greatly in the minority, and though the legislature in some instances showed a disposition to be liberal, its acts had little regard for the welfare of Texas whenever the interests of Coahuila were concerned. In no respect was the want of community of interests more evident than in commercial matters. The geo- graphical position of Coahuila excluded it from mari- time trade, and its commerce was altogether internal, whereas Texas possessed great natural advantages for the development of an extensive commercial business with foreign countries. In climate and industrial pur- suits, also, the contrast was equally marked, and the productions were dissimilar. Pastoral and mining occupations prevailed in Coahuila; Texas was essen- tially an agricultural country, and cotton, sugar, and cereals were being cultivated with most flattering ' At a public dinner given to Mejia one of the toasts was: ' Coahuila and Texas— they are dissimilar in soil, climate, and productions; therefore they ought to be dissolved.' Edwards' Hint. Tex., 187. 132 PROPOSED SEPARATION. prospects. The limit of the production of these com- mercial staples depended only on the future prosperity of the colonies, which was a matter of serious doubt under the existing political arrangement. In other respects, too, Texas labored under grievous disadvan- tages. The remoteness of the higher judicial courts practically excluded the poorer classes from appeal in civil cases, and gave the wealthy opportunities beyond the reach of most litigants; while in criminal cases, the tedious process of the law, and consequent long delays in pronouncing and executing sentence, tended to defeat the ends of justice. On the 28th of April, 1832, a state law was enacted embodying the spirit of the obnoxious decree of April 6, 1830. The liberal colonization law of March 24, 1825, was repealed; Mexicans alone were allowed to become empresarios in future, and to Mexican pur- chasers the prices of lands were reduced; natives of the United States were excluded from becoming set- tlers, while at the same time the rights of colonists were extended.^ Existing contracts, however, were recognized, and in some instances the time for fulfil- ment extended. The legislature, also, with some show of liberality, passed a law creating new munici- palities in Texas, and allowing the people to elect their own municipal officers. As soon as the colonists saw Texas cleared of Mex- ican troops, they began to take measures to address the national government on the subject of their aspi- rations. In October 1832 a preliminary convention of delegates from different municipalities was held at San Felipe, and some discussion on the formation of a state constitution took place. Owing to the short- ness of the notice given, delegates from several dis- tricts were not in attendance, and the convention, after a week's deliberation, adjourned. Although the labors of this assembly concluded with no satis- factory result, the convocation of it had neverthe- ^Ooah. y Tex. Leyes, Dec. no. 190. CONSTITUTIONAL CONVENTION. 133 less brought the question seriously before the public; and when a second convention assembled April 1, 1833, it was prepared to accomplish the work as- signed to it. The number and names of the dele- gates who composed this memorable convention are not known, but among them were some of the most distinguished men in Texan history. Stephen F. Austin, Branch T. Archer, David G. Burnett, Sam Houston, J. B. Miller, and William H. Wharton may be mentioned, the last named being elected to preside. Two important committees were appointed, the one to frame a constitution, and the other to draw up a memorial petitioning the general government to grant the separation of Texas from Coahuila. Sam Hous- ton was appointed chairman of the first, and David G. Burnett of the second. The constitution draughted was thoroughly republi- can in form.* It provided for freedom of elections and universal suffrage, secured the right of trial by jury, and the privilege of the writ of habeas corpus, per- sonal security, the right of petition, and freedom of the press; treason against the state was to consist only in levying war against it or adhering to its ene- mies; elections were to be held by ballot; and the advancement of education was left in the solemn charge of the legislature. Generally the draught was modelled on the constitution of the United States, certain modifications being introduced so as to adapt it to the condition of the Mexican federation. For instance, silence was observed on the subject of re- ligious liberty. Much discussion occurred on the sub- ject of banking; finally, a clause was inserted to the effect that no bank or banking institution, no office of discount or deposit, or any other moneyed corporation or banking establishment, should exist under that con- stitution. The memorial to the general government was drawn up by David G. Burnett, and ably set forth the 3 A copy of it will be found in Edwards' Hist. Tex., 196-205. 134 PROPOSED SEPARATION. position of Texas. The disadvantages it was laboring under, which I have already mentioned, and the dis- asters attendant upon its union with Coahuila, were forcibly delineated, and the authority of precedents in the formation of New Leon, Chihuahua, and Durango into states was appealed to in support of the petition.* Stephen F. Austin, William H. Wharton, and J. B. Miller were appointed delegates to proceed to the city of Mexico and present the memorial to the supreme government. Austin was the only one of these com- missioners who went to Mexico. On his arrival at the capital he found it the scene of virulent party fac- tion and political confusion. Affairs in Mexico had been undergoing the custom- ary vicissitudes and revulsions. No more stability of principle is observable in Santa Anna than in Bus- tamante. Both used the constitution of 1824 as a clap-trap to introduce themselves to power, and then both cast it to the winds. At the end of 1832 these two generals, after much bloodshed, came to terms, and agreed to unite in support of the said constitution. Pedraza, who had been legally elected in 1828, was reinstated and recognized as president till April 1, 1833, the date on which his term of office would ex- pire. Early in that year the elections were held, and on March 30th congress declared Santa Anna and Gomez Farias duly elected president and vice-presi- dent respectively. From this time Santa Anna's course is remarkable for subtle intrigue and political crafti- ness, used for the promotion of his ambitious schemes. Never appearing himself as the principal actor, or in- stigated in the strife between federalists and central- ists, he nevertheless manipulated t^e puppet-strings of both parties to serve his own purpose, and ever made use of some cat's-paw to secure the prize he aimed at, namely, dictatorial power. Gomez Farias was the * Copy of this excellent memorial will be found in Yoakum, i. 469-82; Tex. Aim., 1869, 40-50. MOVEMENTS OF SANTA ANNA. 135 known champion of reform, and Santa Anna, absenting himself from the capital, left it to him to introduce innovations which he well knew would cause great agitation, while he secretly intrigued with the bishops and religious orders. The reform measures attacked the interests of the two powerful elements of the church and army, and indications of the approaching storm were soon plainly visible. Santa Anna now assumed his office as president — May 16, 1833 — but in less than three weeks he again surrendered it, June 3d, to Farias, in order to march against an insurgent force that had appeared near Tlalpam under Duran. Ignacio Escalada had proclaimed. May 26th, in favor of the ecclesiastical and military fueros, and called upon Santa Anna to protect them. The wily presi- dent, hoping that in his absence a similar demonstra- tion would be successfully made in the capital, went through the farce of a fictitious capture of himself by his own troops under the command of Arista, who pro- ceeded to proclaim him dictator. But an attempt at revolution in the capital on June 7th failed, owing to the energy of Farias; whereupon this versatile in- triguer effected a pretended escape from his captors, re- assumed his presidential authority, and for a time lent his support to the liberal party in order to reestablish himself in the confidence of the supporters of the con- stitution. Then he took the field again, and finally the revolutionary army surrendered to him October 8th, at Guanajuato, and Arista and Daran with other officers were sent prisoners to Mexico. As the only road, however, to supreme power was the conserva- tive highway occupied by the military and ecclesias- tics, Santa Anna now changed his opinions, and showed himself disposed to favor a reaction. Having thus artfully again put progressionists and retrogres- sionists against each other, under the pretext of ill health he retired, December 16, 1833, to his hacienda of Mauga de Clavo, leaving the leaven of his crafti- ness to ferment.^ Such is an outline of the political * Consult Hist. Mex., v. 122-36, this series. 136 PROPOSED SEPARATION. events which were taking place when Austin arrived, July 18, 1833, at the capital. The Texan commissioner lost no time in presenting the memorial to the government, laying before it also other matters in connection with his mission, such as the establishment of a weekly mail between Nacog- doches and Monclova, and one between GoHad and Matamoros, the modification of the customs tariff,® and the payment of presidial troops. He was well received by Farias and the ministers, but in the tur- moil of contending parties, August and September passed without anything being done with respect to Texan affairs, except that the petition was referred to a committee of congress. At the beginning of Octo- ber the result of the civil war then raging was ex- tremely doubtful, and Austin considered it his duty to represent in no equivocal language the true position of affairs in Texas, and the strong feelings entertained by the colonists. He therefore, on October 1st, expressed the opinion to Farias, that if some remedy for their grievances were not quickly applied, the Texans would take the matter into their own hands, and tranquillity would be rudely disturbed. '^ This in- timation, though respectfully made, was regarded as a threat, and the government took offence. At the same time Austin addressed a letter, dated October 2d, to the ayuntamiento of San Antonio de B^jar, in which, after expressing his hopelessness of obtaining any relief in the paralyzed state of public affairs, he recommended that municipality to lose no time in com- ' The petition oonoerning the tariff deserves attention. It requested the national government to grant for three years the privilege of introducing free of duty the following articles: 'provisions, iron and steel, machinery, farm- ing utensils, tools of various mechanic arts, hardware and hollow-ware, nails, wagons and carts, cotton bagging and bale rope, coarse cotton goods and clothing, shoes and hats, household and kitchen furniture, tobacco for chew- ing, in small quantities, powder, lead, and shot, medicines, books, and station- ery.' These articles, indispensable to the prosperity of the colonists, were either prohibited, or subject to duties so high as to amount to a prohibition. Edwards Hist. Tex., 209-10. 'Austin's corres., in. Edwards' Hist. Tex., 211. GOVERKMENT MEASURES. 137 municating with all the other corporations of Texas, and exhorting them to concur in the organization of a local government, independent of Coahuila, under the provision of the law of May 7 - 1824, even if the gen- eral government should refuse its consent." On the surrender of Arista at Guanajuato, however, and the termination of the civil war, the government had more leisure to attend to the interests of Texas. Santa Anna convoked a special meeting of the min- isters November 5th, to consider the question of its separation from Coahuila. Austin was present at the deliberation, representing the interests of the Texans. The matter was frankly and fairly discussed, and though the government decided that the time had not yet arrived to erect Texas into an independent state, it expressed itself disposed to favor the pretensions of the colonists, and promote the welfare of the province with that ultimate object. Nor were these idle prom- ises. Several dispositions were made for the benefit of Texas. The state government was urged to adopt measures of reform which would procure for the colo- nists the enjoyment of just rights, both in matters civil and criminal ; suggestions were made as to the means which ought to be employed for the more convenient administration of justice, and even the establishment of the jury system was strongly recommended. Fur- ther interference did not belong to the attributes of the general government, but it showed its friendly inclination by abrogating the 11th article of the law of April 6, 1830, which virtually prohibited the coloni- zation of Texas by Anglo-Americans,^ and took meas- ures to meet the wishes of the colonists regarding other matters already mentioned. ^Austin, Espos. Aaunt.- Tej., 18-20. Austin states that his object in so doing was to prevent a popular outbreak, ' queriendo Austin con esta medida, de pura prevencion, evitar las fatales y funestas consecuencias que resultarian de un desenfreno popular.' Id., 20. Copy of Austin's letter of Oct. 2, 1833, in Id., 31. ^Id., 27-8. The decree of abrogation was issued Nov. 25, 1833, but was not to take eflfect till six months after its publication. Dublan and Lozano, Leg. Mex., ii. 637. 138 PROPOSED SEPARATION. Austin, well satisfied with the results attained, and the manifest friendliness of the supreme powers, deemed it politic not to molest the government by over-zeal- ously urging the more particular object of his mission. On the 10th of December, therefore, he left the capital, and arrived January 8, 1834, at Saltillo, where, having presented himself to the commandant general, he was arrested by order of the vice-president, Farias. The cause of this was, that the ayuntamiento of San An- tonio, having received his letter of October 2d, dis- approved of Austin's recommendations, and sent the communication to the central government. Farias had not forgotten Austin's out-spoken utterances at the time when this letter was despatched, and deeply exasperated at the discovery of the commissioner's treasonable designs, as he regarded them, he sent an express to the different governors of the states through which Austin would have to pass, with orders to ar- rest him. From Saltillo the unfortunate commissioner was sent back to the city of Mexico, where he was incar- cerated February 13, 1834, in a dungeon of the old inquisition building. Here he was kept in close con- finement and treated with much rigor for three months, not being allowed to communicate with any one, or permitted the use of books or writing materials. '^° His case having been referred to the military tribunal, that court decided that it had no jurisdiction in the matter, and on June 12th Austin was removed to a more commodious prison, where his treatment was less rigorous. His case was next successively submitted to a civil tribunal, and to the federal district judge, but with the same result. Finally, about the middle of August, it was carried to the supreme court of Mexico to decide what tribunal was competent to try him. Thus after eight months' imprisonment Austin '" He attributes thia severity to the personal animosity of Farias, which was aroused by the plain language used by Austin at the interview he had with him Oct. 1, 1833. Austins corres., in Edwards' Hist. J'ex., 211. AUSTIN'S LETTERS. 139 was still unable to learn by what court his case would be investigated. In a letter dated August 25, 1834, Austin states that he had long ago requested to be delivered to the authorities of the state of Coahuila and Texas, and that Santa Anna, who was friendly to Texas and him- self, would have already liberated him, had it not been for representations forwarded by the state government. These representations, it was affirmed, were founded on statements hostile to him, made by influential Anglo- Americans residing in Texas. It appears that Aus- tin's appointment as Texan commissioner to Mexico had met with some opposition, on the ground, as as- serted by his antagonists, that he was "too mild and lukewarm" on the subject of separation, and would not display sufficient independence and firmness in support- ing the petition. That these opponents should attack him, after the course that had been followed by him, he could not understand, and was unwilling to believe. He goes on to state that, in view of the fact that the evils complained of by Texas had been remedied, those who had previously been in favor of separation from Coahuila were now opposed to it, inasmuch as the rea- sons which made separation necessary no longer existed. His motto had always been, "Fidelity to Mexico, and opposition to violent men or measures." Sum- ming up the contradictory views taken of his conduct, he says that at one time he was abused for being too Mexican, and at another was vilified for yielding^ to popular opinion and firmly and fearlessly representing it. Alluding to a letter addressed by him January 17, 1834, from Monterey to the ayuntamiento of San Felipe de Austin, in which he earnestly urged sub- mission to the authorities of the state and general governments, and that A public act of gratitude should be expressed for the remedies obtained for many evils which threatened Texas with ruin, he reiterates the advice then given, with the additional recommendation to discountenance all persons "who were in the habit 140 PROPOSED SEPARATION. of speaking or writing in violent or disrespectful terms, or in language of contempt or defiance, of the Mexican people or authorities." Austin next urges the Texans to keep clear of all political quarrels arising in the Mexican republic, and begs them to recognize Santa Anna, of whose friendly intentions he again makes mention, until he should be constitutionally deposed by the legal vote of the people. Texas, he concludes, "had been so much jeopardized in its true and perma- nent interests by inflammatory men — political fanatics, political adventurers, would-be great men, vain talkers, and visionary fools — that he began to lose confidence in all persons except those who sought their living be- tween the plough-handles." He advises the farmers to adopt the motto he himself had always followed : "The balance of the people, mere demagogues and political fanatics, would disappear before sound public opinion."" I have drawn somewhat fully upon the contents of this letter, for the reason that they are pregnant with suggestions. From the statements made by Austin, it is diflficult to avoid the conclusion that Santa Anna, under the mask of friendship to Texas and ostentatious consideration for the commissioner, was practising his usual plan of covert and non-compromising action. The referring of Austin's case from court to court for trial, the charge being that of treason, was trans- parently a trick to gain time, which, supported by fair promises, secured temporary quiet in Texas. ^^ The dictator — for such Santa Anna was at this time — could wait, with his customary patience, for an oppor- tunity to deal with the Texan colonists as his con- venience might require. That Austin was shrewd enough to understand Santa Anna's secret views is much to be doubted. I am inclined to believe that his advice to the Texans was given in all sincerity, and '' The reader is referred to a copy of this letter in Edwards' Hist. Tex. , 210-20. ^'' Yoakum considers that Austin was held as a sort of hostage for the good behavior of Texas. Hist. Tex., i. 324. ATTITUDE TOWARD MEXICO. 141 with perfect confidence in Santa Anna's professions. It is true that the tone of his letter displays an appre- hension of foul play at home, and a natural anxiousness to obtain his release ; but to charge him, as Maillard does/^ with having written what he did, solely with the object of effecting his return to Texas, would be an unwarrantable condemnation. Austin had too sin- cerely at heart the welfare of his colonies to allow personal inconvenience to have weight in his judg-- ment when the question to be decided was that of peaceful prosperity or danger of ruin. He believed that he was perfectly justified in offering advice the reverse to that expressed in his letter to the munici- pality of Bdjar, and his having given utterance to it previous to his arrest^* is conclusive evidence that his ^^This writer says: 'Col Austin, who was himself the most crafty of the "political fanatics, political adventurers, would-be great men, and vain talkers," wrote in this bland style, solely to escape from the clutches of the Mexican government, and not with a view to restore tranquillity to Texas. ' Hist. Rep. Tex., 73. It would be hard to discover a more prejudiced and jaun- diced author than ' N. Doran Maillard, Esq., barrister at law, of Texas. ' Being in delicate health, he left his native England for Texas, where he arrived Jan. 30, 1840, and after a residence there of six months — during which he was for a time editor of the Richmond Telescope, became a member of the Texan bar, studied the character of the Texan government and inhabitants, and spent much time in visiting dififerent parts of the country — he deemed himself com- petent, from his personal observations and some information gathered from public men and official records, to furnish the British public with an unvar- nished account of what Texas and the Texans really were. Accordingly, on his return to England he published Tlie History of the Republic of Texas, from the Discovery of the Country to the present Time; and the Cause of her Sepa- ration from the Republic of Mexico. London, 1842, 8vo, pp. 512. In his preface Maillard states that his object was to present the true origin and his- tory of the Texan rebellion against Mexico, to warn the British government against the ratification of a treaty with a people whose existence as a. nation was owing to their own base treason, and a political juggle of Andrew Jack- son when president of the U. S. , and to prevent more of his own countrymen from sharing in the ruin and wretchedness of too many others who had already emigrated to Texas. If a virulent exposure of all the shortcomings of the Texans, a malicious suppression of everything that he might have said in their favor, a wilful omission of any mention of their many virtues, and frequent abusive epithets applied to them, could gain for Maillard the accom- plishment of his hopes, he must have been eminently successful. His antip- athies are not confined to the Texans, a liberal share of his displeasure being vented upon the United States. In keeping with his unfair treatment of the subject is the partiality he shows to the Mexicans, whom he labors to defend, and whose wrong-doings he hides. In a work written under the influence of such prejudices, it is natural that carelessness as to accuracy and conclusions glaringly false should be found. Maillard, however, does not hesitate to arraign Kennedy on the score of want of carefulness as to facts, and dispar- agingly speaks of his excellent work as ' two well-piiffed volumes. ' ^* Consult Aitstin, Espos. Asunt. Tej., 21. 1^ PROPOSED SEPARATION. change of opinions was due to change of circum- stances, and not to personal considerations. In other respects Stephen Austin's letter throws light upon the social and political condition of the colonies. We can already realize the influx of a disturbing element which will not rest till the annexation of Texas to the United States has been consummated. We can recognize the fact that a large portion of the popula- tion would be satisfied with receiving redress from time to time for their grievances, and was content to retain possession of the homes they had made for themselves, and peacefully follow their pursuits, as citizens of the Mexican republic; and we can picture to ourselves the work of political agitators, engender- ing a spirit of antagonism to Mexico, and mark the development of a difference of opinions which before the war of independence divided the colonists for a time into two parties. But it is necessary to revert to the political events which took place in the state of Coahuila and Texas during this term of Austin's imprisonment, as well as relate other subsequent occurrences which transpired before his release and return to Texas in September 1835. While Santa Anna was pretending to be recruiting his health at Manga de Clavo, the reactionary party under his secret manoeuvring and encouragement daily gained strength. He was frequently invited to become its leader, with the promise of unlimited power; and considering the fruit of his intrigues at last ripe, he returned to the capital and relieved Farias of the executive power April 12, 1834. On May 23d fol- lowing the plan of Cuernavaca was adopted, which denounced religious reform, proclaimed the fueros, declared that the deputies who had passed the late obnoxious reform laws had lost the public confidence and had forfeited their positions, called upon Santa Anna to uphold the constitutional safeguards, and AFFAIRS IN MEXICO. 143 assured him of the aid of the miUtary force at Cuer- navaca. Acting on the strength of this demonstra- tion, the president on the 31st dissolved congress by a coup-d'^tat. But he did not rest here; state legisla- tures and ayuntamientos were disbanded, governors were deposed, and adherents to the plan of Cuernavaca placed in the vacant positions. Santa Anna was now indeed dictator, and having played the despot to his heart's content, at the end of 1834 convoked a congress which met January 1, 1835. The privileged classes had triumphed as he had. expected; and having suc- ceeded in converting the country into a chaotic field of party strife, thinking it now convenient to retire, tendered his resignation. The congress refused to accept it, but granted him leave of absence; where- upon he withdrew to his usual retreat, the hacienda of Magna de Clavo, and applied himself to his favorite diversons of cock-fighting and political jugglery." In August 1832, after some little excitement and trifling disturbance, the inhabitants and . military of Saltillo had declared in favor of Santa Anna's plan of that year, and their pronunciamiento was approved by the governor, Jos^ Maria de Letona, and the ayun- tamiento.^^ But discord soon broke out in Coahuila. In March 1833 the state congress removed the seat of government to Monclova^^ — a proceeding which gave great offence to the inhabitants of SaltiUo, who were further exasperated by decrees disbanding the civil force of the latter place and annulling the enactments of April and May 1829, and April 1832, which pro- hibited foreigners from retailing goods within the terri- tory of the state. Two bitter factions were developed ; the people of Saltillo revolted, and the legislature at Monclova, in default of a governor, formally invested Francisco Yidaurri with the executive power by de- cree of January 8, 1834. '^^ Hist. Mex., V. 136-43, this seriea. ^^Coah., 183£, Pinart Col., no. 248. " A decree had been passed as early as Sept. 25, 1828, declaring Monclova the capital of the state. Coah. y Tex. Leyes, lo7. 144 PROPOSED SEPARATION. Various acts beneficial to Texas were passed by this legislature. The municipalities of Matagorda and San Augustin were created, Texas was divided into three departments, the new one of Brazos with San Felipe as its capital, being organized, the English language was permitted to be used in public affairs, and an addi- tional representative in the state congress allowed; the privilege of purchasing vacant lands was granted to foreigners, laws were passed for the protection of the persons and property of all settlers, whatever might be their religion, and freedom from molestation for political and religious opinions was guaranteed, pro- vided public tranquillity was not disturbed.^* During the same session a decree was passed in April providing for a supreme court for Texas, which was constituted into one judicial circuit divided into three districts; the much desired system of trial by jury was also es- tablished by this law.^* These liberal measures had great effect in promot- ing temporary quiet in Texas, but subsequent events rendered them nugatory to prevent the revolt of the colonists. On the last day of April the legislature closed its sessions, and Coahuila lapsed into a miser- able state of confusion. Intelligence of the plan of Cuernavaca caused increased agitation, and an extra session was convoked for August 11th. In July Sal- tillo pronounced against the state government, formed ^^See decrees of March 1834. Kennedy, ii. 61, note; Toahum, L 319-20; BaJcer's Tex., 522. '* Thomas Jefferson Chambers was appointed superior judge of the circuit. Chambers was a native of Virginia, a lawyer by profession, and highly talented. In 1826 he went to the city of Mexico, where for three years he studied the language, laws, and institutions of the country, making himself a master of them, and obtaining his license to practise law in the Mexican courts. He removed to the state of Coahuila and Texas in 1829, and was appointed sur- veyor-general of Texas by the authorities at Saltillo. Owing to the confusion incident to the approaching revolution, Chambers was unable to organize the supreme and district courts, and in 1836, when Texas was threatened with invasion, he went to the U. S. to obtain money and men to aid iu the war of independence. In June 1837 he reported to the Texan congress that he had sent 1,915 men, and expended $23,621 of his own money, besides selling bonds to the amount of $9,035. His statement was approved by the coujgress, and the auditor directed to settle with him. Chambers was murdered iu his own house in 1865, no clew ever being obtained as to the perpetrator of the crime. Thrall's Hist. Tex., 525-6. TWO GOVERNMENTS. 145 one of its own, and appointed Jos^ Maria Goribar as military governor. At the same time all the acts of the state legislature from the 1st of January, 1833, were declared to be null and void.^" On August 30th a decree was passed at Monclova by the permanent deputation, and such members of the congress as could be assembled, setting forth the impossibility of unit- ing sufficient deputies to hold an extra session. Juan Jose Elguezabal was appointed governor in place of Vidaurri, who was unable to act on account of ill health, and the movement directed against the laws of ecclesiastical reform recognized as national, or in other words, the plan of Cuernavaca was adopted, and Santa Anna acknowledged in his new robes of state- craft supremacy. ^^ The period designated by the constitution for the elections arrived, and they were held under the dis- puted authority of the two rival and illegitimate gov- ernments, aggravating party animosity, and involving the state in anarchy. Both parties prepared for bloodshed ; but before any serious collision took place a compromise was effected at the beginning of November, and the leaders of the factions agreed to refer the question of their differences to Santa Anna. The dictator willingly accepted the position of arbiter, and on December 2d announced the follow- ing decisions: 1. The seat of government should remain at Monclova; 2. Elguezabal was to continue to act as governor until a new election; 3. A new election for governor, vice-governor, and members of the legislature was to be ordered for the entire state. ^^ '^ Edwards' HM. Tex., 220; Arrillaga, Recop., 1835, 192. "^/ Tiempo, 14 Agosto, and 18 Set., 1834, 172, 309, where will be found copy of decree. This proceeding waa based on the 90th article of the state constitution, which says: 'Si las circunstancias 6 los negocios que han moti- vado la convocacion estraordinaria del congreso fueren tan graves y urgeutes, mientras puede verificarse la reunion, la diputacion permauente unida con el consejo y los demas diputados que se hallen en la capital, tomarS las provi- dencias del momento que sean necesarias, y dara cuenta de ellas al congreso luego que se haya reunido.' Mex. Col. de Constit., i. 226-7. Yoakum con- siders that Vidaurri was deposed, i. 323. ^^Copy of the decree in Arrillaga, Recop., 1835, 192-5. Hist. N. Mex. States, Vol. II. 10 U6 PROPOSED SEPARATION, This arrangement proved satisfactory and new elec- tions were held. Agustin Yiesca was elected governor, Ramon Miisquiz vice-governor, and the requisite num- ber of deputies chosen.^* But the legislature did not assemble until March 1, 1835, instead of January 1st, and Viesca did not enter office before April. ^* It will be remembered that Austin's case was sub- mitted in August 1834 to the supreme court of the nation. That tribunal, however, never declared any decision, nor was Austin ever brought to trial. This anomalous course of proceeding, favorable certainly to the accused, was due to the influence of Santa Anna, who deemed it politic to temporize in regard to settling definitely Texan affairs, and under the cloak of friend- ship secure the commissioner's pronounced apprecia- tion of his good-will. The dictator gained his point, whether Austin was hoodwinked or not,^^ but his con- cealed intentions are made somewhat apparent by the decision he arrived at in October 1834. On the 5th of that month he convoked a meeting for the serious discussion of the Texan question. The council was composed of the four secretaries of state, three confidential generals, three representatives to the national congress from Coahuila and Texas, Lo- renzo de Zavala, and Stephen F. Austin. The delib- eration lasted three hours, Austin seriously urging the separation of Texas from Coahuila, and its formation into an independent state, which was as strongly op- ''^Id., i. 323, 326; Edwards, 220, 231-2; La Opom-hn, 1 and 11 Mayo, 183S, 106-7, 137-S; Pinart Col. , Print, no. 386. Pilisola states that Viesca had been constitutionally elected Sept. 9, 1834, and that this election was ratified by the new congress in spite of the elections ordered by Santa Anna, and Viesca's ineligibility under the convocation issued by Elguezabal, which provided that no one could be a candidate who had been, as Viesca had, a deputy to the general congi'ess within the last two years, ii. 112-13. ^'Elguezabal resigned March 12th, and Jose Maria Cantil was appointed go vol nor provisionally until the votes polled in the departments of Brazos and Nacouilochos were known. Pinart Cot, Print, no. 374. -■' lu a party circular addressed to the Texans in November 1834 these words occur: 'We assure you that the feelings of the federal government, particularly those of the president, are of the most favorable character towards Texas. We are assured of this fact by our representative (Colonel Austin)- ' Edwards, 2£7. THE TEXAN QUESTIOK. 147 posed by the state representatives. Santa Anna finally resolved : 1. That he would meditate maturely the decree repealing the 11th article of the law of April 6, 1830, and, if no objections were presented, would give it his sanction ; 2. That a corps, composed of cavalry, infantry, and artillery, four thousand strong, should be stationed at Bexar, for the protection of the coast and frontier of the country, to be under the command of General Mejia; 3. That proper steps should be taken to have regular mails, and to remove all ol)stacles to the agricultural and other industries of the inhabitants, "who are viewed with the great- est regard ; " 4. That Texas must necessarily remain united with Coahuila, because it had not the elements warranting a separation, nor would it be convenient. And though it might be allowed to form a territory, if the inhabitants called for it, yet the dismembering of a state was unknown to Mexican laws, and he would be at a loss how to proceed. ^^ These decisions make it evident that the president's policy was to occupy Texas with such a military force as he might consider sufficient to hold the colonists under control, and compel subjection to whatever change he might choose to make in the liberal meas- ures temporarily adopted. No reference whatever was made to the petition on the subject of the tariff', and the offer to form Texas into a territory was a sop containing more gall than honey. Texas as a terri- tory would assuredly be more subject to the rule of the national government than as a portion of an in- tegral state. Of this the colonists were aware, and they were opposed to a change which would lea^o their interests in a more questionable position.^'' With ^' Yoakum, i. 325-6. Victor Blanco to the Omernor of Coalmila nml Texas, October 6, 1834, is quoted by this writer as his authority. Texas Col. Doc, Pinart Col., Print, no. 48. " Austin in a letter dated Mexico, March 10, 1835, says: ' The territorial question is dead. The advocates of that measure are now strongly in favor of a state government; and that subject is now before congress. A call has been made upon the president for information on the subject; and I am assured the president will make his communication in a few days, and that 148 PROPOSED SEPARATION. regard to the decision that Texas did not possess the elements to warrant its formation into an independent state, it is undeniable that this was a fact, for it was wanting in the most important requisite, namely, pop- ulation. The eleventh article of the constitution of 1824 provides that the states shall send to the national congress one deputy for each 80,000 inhab- itants, and for any fraction of that number exceeding 40,000.^^ How, then, could the Texans claim that they were properly qualified to constitute a state when their population did not amount to the last- named figures ? ^ it will be decidedly in favor of Texas and the state. ' This was regarded as ' agreeable information. ' Edvxirds, 241. ''■^Mex. Col. Comtitua., i. 38. It is true that this clanse is added: 'El estado que no tuviere esta poblacion nombrarl sin embargo nn diputado; ' but this had regard only to existing states. It was plainly intended that a terri- tory or province elevated, in the future, to the rank of state should have at least 80,000 inhabitknts. ™In the spring of 1834 Col Juan Nepomuceno Almonte was sent by the supreme government to Texas to report upon its condition. He returned in the beginning of November of the same year. Almonte places the civilized population of Texas at 21,000, estimated as follows: the department of Bejar, 4,000; that of Brazos, 8,000; and that of Nacogdoches, 9,000. He estimated the number of Indians at 15,300, of whom 10,800 were hostile. His tabular form, no. 4, is interesting, as supplying a list of the municipalities and pueblos existing at that date. The department of B^jar contained four municipal towns, namely, San Antonio, Goliad, San Patricio, and Guadalupe Victoria; that of Brazos contained five, to wit, San Felipe, Columbia, Matagorda, Gon- zalez, Mina, and the pueblos Brazoria, Velasco, Bolivar, and Harrisburg; and that of Nacogdoches four municipalities, Nacogdoches, San Augustine, Liberty, and Johnsburg, with the pueblos Anahuac, Beville, Teran, and Tanaha. In January 1835 Almonte published his report, or such portion of it as was expedient, under the title of Noticia Estadistica sobre Tejas, Mexico, 1835, 16mo, p. 96, 4 tables, 2 11. The total amount of the export and import trade of Texas he calculated at $1,400,000, as expressed in the following table: Imports. Exports. Totals. B(ijar $40,000 §20,000 $60,000 Brazos 325,000 275,000 600,000 Nacogdoches 265,000 205,000 470,000 Approximate value of contraband trade with the interior through the ports of Brazoria, Matagorda, and Copano 270,000 $1,400,000 Kennedy, ii. 81, classifies this report as 'brief and superficial;' but he does justice to it as affording ' the proudest testimonial to the fearless and persevering spirits who first rendered the golden glebe of Texas tributary to the enjoyments of civilized man.' This author considered that Almonte's es- timate of the population of Texas was underrated, and that the numerical strength of the Anglo-Texans was probably 30,000, exclusive of 2,000 negroes. Id., 79-80. LAND FRAUDS. 149 While the colonists were thus endeavoring to pro- cure a separation from Coahuila, the state legislature, anticipating the possibility of such a result, seems to have resolved to make what profit it could out of the waste lands of Texas. In order to realize quickly, it showed itself alike indifferent, to the value of the lands, the prices obtained for them, and to whom the pur- chasers might be. Numerous sales of immense tracts were made to New York and Coahuilan speculators at extremely low figures, the purchasers having no other view than to resell at a profit. Naturally the Texans regarded such squandering of their unoccupied domains — which, in fact, constituted the future capital of Texas— as an alienation that was simply robbery, and redolent of legislative corruption. But the climax of these fraudulent proceedings was the sale, in March 1835, of 400 square leagues for the insignificant sum of $30,000.^° This appropriation of the waste lands of Texas was most distasteful to the supreme govern- ment, which had in contemplation the purchase of the frontier lands for the purpose of establishing thereon Mexican colonies, especially of a military character. ''^ It therefore declared, by decree of April 25, 1835, the sale of those lands, except to the general government, to be null.^^ When the result of Austin's mission became known, early in 1834, the desire for immediate separation from '" That is at the rate of little more than one cent and a half per acre. This tract of land was an appropriation that had been made by decree, March 26th of the previous year, to provide for a body of militia to prevent Indian depre- dations on the frontier. The militiamen were never called out, and the lands fraudulently sold. Consult Edwards, 232; Yoakum, i. 320-\; Kennedy, ii. S3-4; C'oah. y Tex. Leyes, Dec. no. 272; ia Oposicion, 1835, 242; Cor. Ailant., May 9 1835 9. »' See decree of Feb. 4, 1834, in ArrillagaBecop., 1834, 47-50. '2 Copy of the decree, as well as that of the legislature of Coahuila and Texas, authorizing the sale, will be found in Arrillaga, Secop., 1835, 145-6; Dublan and Lozano, Leg. Mex. , iii. 42-3; Merairio del pt. de Matamoros sup. , in Tex. Col. Doc, Pinart Col., Print, no. 60; Pinart Col, Print, no. 389. Some writers regard these land frauds and land jobbing as the ground-work of all the troubles which befell the colonists, and were meide the first excuse for re- volt. See Jay's Mex. War, 17-18; Quart. Rev., Ixi. 333-6, 340-1; Maillard'a Hist. Tex., 77. 150 PROPOSED SEPABATIOK Coahuila was generally allayed, but the anarchical prostration into which Coahuila fell soon strengthened the separatists, while Austin's subsequent letters had a softening counter-effect. Thus there were among the Anglo-Texans two political parties, one of which advocated sejDaration at all hazards, the other being favorably disposed to maintain the union under a federal system of government. When, however, the party strife in Coahuila left the state absolutely with- out a government, a number of influential Coahuilans met in council with the inhabitants of B^jar, October 13th. The overthrow of the federal constitution and the distracted state of Coahuila were discussed, and an address issued to the inhabitants of Texas, exhorting them to deliberate with those of Bdjar as to the best means of rescuing the country from the chaos of con- fusion which overwhelmed it. The majority of the Texans were still ready to unite with the Coahuilan constitutionalists in the reconstruction of the state government, but the more eager separatists thought the time propitious to call upon the people to adopt an independent government. Accordingly, under the auspices of the political chief of Brazos, an address was issued, October 20th, urging the Texans to organize — • not without a hint at total independence as the ulti- mate object — to avoid the "threatened labyrinth of anarchy, military misrule, and final ruin," and leave "her unnatural sister" to "quietly enjoy the blessings of anarchy." Let the separation caused by the "wil- ful and unlawful " acts of Coahuila be perpetual. The grand central committee — which had been, it appears, established by the convention for the purpose of guarding the people of Texas from danger — replied to this inflammatory appeal by issuing a counter-ad- dress early in November. The answer sets forth that the publication of the political chief of Brazos was revolutionary in its character, by proposing "a separa- tion in a manner contrary to the letter and spirit of the state and federal constitutions," and would draw ADDRESSES. 151 down upon Texas the wrath of both governments. Austin's letter, akeady quoted, had not been without effect, and his exhortations to peace are repeated with a recital of the measures that had been adopted by both the national and state legislatures for the especial benefit of Texas. As a further inducement to refrain from disturbing the present prosperity and content- ment of the mass of the people, Austin's position in Mexico is brought forward, and his constituents are exhorted not to throw obstacles in the way of their agent's release from durance, or endanger his life by creating further difficulties. Referring to obnoxious laws, " when have the people of Texas," it is asked, "called upon the government for any law to their ad- vantage, or for the repeal of any law by which they were aggrieved, but what their requests have been complied with ? " Tardily, it is admitted, but the great distance from the capital, the state of war in the coun- try, and the uncertain communication explain the causes of this delay. ^^ This address counteracted the effect of the inflammatory appeals of the separatists, and the differences between Saltillo and Monclova having been adjusted soon after, the agitation sub- sided. Tranquillity followed, and for a brief period confidence seemed restored in Texas. ** Copies of these addresses ia Edwards, 220-31. CHAPTER VIII. EVENTS LEADING TO THE REVOLT OF TEXAS. 1835. COAHUILA AND TEXAS PkOTESTS — ThE StATE LeGISLATUIIE DISBANDED — GOV- ERNOR ViESCA Arrested — Tenorio Ejected from AsijHUAO — Politicai, Eenctng — Zavala — Agitators from the United States — Public Meetings — Arrest of Zavala and Settlers Ordered— Atf air of the CORBBO AND SaN FeLIPE — COLUMBIA'S CaLL FOR A GENERAL CONSULTA- TION — Austin's Return — His Speech at Brazoria — Preparations for War — General Cos Arrives at BferAR — A Disputed Cannon — The Affair at Gonzalez — War-like Enthusiasm — A Permanent Council Established^-Austin Takes the Field — Capture of Goliad — ^United States Sympathy — Land Frauds — The Consultation Assembles — Its Labors — Organization of a Provisional Government. When it became evident that the party now in power intended to establish a central form of govern- ment, attempts at opposition were made by the feder- alists in several of the states, but the centralists triumphed on each occasion. CoahuUa and Texas and Zacatecas alone resolved to adhere to the consti- tution of 1824. In April 1835, the legislature of the former state addressed an energetic protest to the gen- eral congress against the course that was being pur- sued by it. Citing the 47th, 48th, 49th, and 50th articles of the federal constitution, which clearly define the powers of the general congress,^ the state ' ' protests, in the most solemn manner, that, having been received into the confederation by virtue of the fundamental compact, and on the principles therein established, it does not, nor ever will, acknowledge the acts emanating ^Mex. Col. Constitut., i. 48-53. (152) AFFAIRS AT SALTILLO. 153 from the general congress which are not in strict con- formity witli tlie express tenor of the above-cited arti- cles ; nor will it admit other reforms of the constitution than those made in the manner therein prescribed ; on the contrary, it will view as an attempt against its sovereignty every measure in opposition to these legal dispositions."^ Meanwhile, Zacatecas had been declared to be in a state of rebellion. Her attitude was sufficiently de- fiant. On March 31st a decree was passed by the federal congress, ordering the states to reduce their militia to the ratio of one militiaman to each 500 in- habitants and disband the remainder. The national government would take possession of the surplus arms, paying the owners indemnity for them.^ Such a law carried into effect would place the states entirely at the mercy of the government. Zacatecas flatly re- fused to obey, and immediately flew to arms. It was necessary to chastise her, and in April Santa Anna, at the head of between 3,000 and 4,000 men, marched against the rebellious state. On May 10th a sanguin- ary battle was fought near the state capital, and the Zacatecans completely crushed. At this time General Martin Perfecto de Cos was commandant general of the eastern internal provinces, and received orders to take action about the late fraudulent land sales. Coahuila was again a house divided against itself. Saltillo, in February or early in March, had resumed the old quarrel with Monclova and revolted, petitioning the general government to declare null elections which had not been conducted in conformity with the plan of Cuernavaca.* The decree of March 14th authorizing the sale of the lands affording a pretext, the Saltillo deputies retired from the legislature, protesting against the passage of it. Governor Cantii called out the militia, and pre- "' Kennedy, Tex., ii. 85-7; Foote, Tex., ii. 57. " Copy of decree in Diihlau ami Lozaiio, Leg. Mex. , iii. 38. * Cor. Jtlant., June 6, 1835, 42. It wouLl appear from this that the eleo- tiona ordered by Santa Anna had not been legally conducted. 154 EVENTS LEADING TO THE REVOLT OE TEXAS. pared to enforce obedience. Cos, being appealed to, supported Saltillo, and declaring that citjr provision- ally the capital, ordered a company of presidial troops stationed at Saltillo to enforce his decision and dis- band the militia at Monclova. When the legislature heard of this, it issued a decree, April 7th., authoriz- ing the governor to oppose the entry of the presidials into the city. Matters were assuming a serious as- pect, but on the 14th Viesca entered office as gov- ernor, and recognizing the gravity of the situation — which now involved a contest with federal troops — ^he induced the legislature to revoke the decree, and dis- banding the militia, allowed the company from Sal- tillo to enter Monclova.^ The action of the legislature had roused the anger of General Cos, and he issued an address denouncing it for alienating the public lands, and refusing quar- ters to government troops ; he regarded the maintain- ing a permanent local militia as an indication of a meditated insurrection, and threatened to put down by force the 'revolutionists,' as he called them, if they did not speedily reform their 'criminal acts.'^ Viesca's action precluded the necessity of carrying his threat into execution. The legislature, after de- creeing that the seat of government might be changed to such place as the governor might select, adjourned April 21st, but not before it had framed the above- mentioned protest. "Thus closed forever," says Yoa- kum, "on the 21st of April, 1835, the legislature of Coahuila and Texas."' Viesca, disregarding the threats of General Cos, with the object of reducing Saltillo to obedience, again called out the militia, but was immediately ordered in peremptory terms not only to disband them, but to disarm them. He decided to move the seat of government to Bdjar, and instead of obeying orders, ^ Filiaola, Mem. Hist. Chier. Tej., ii. 111-13. ° Kennedy, ii. 89; Tex. Col. Doc, Pinart Col., Print, no. 64. ' Hist. Mex., i. 335-6, this aeries. THE GOVERNMENT QUESTION. 155 left Monclova May 25th, with the archives, escorted by 150 militiamen and about twenty Anglo-Texans. Having proceeded as far as the hacienda de Her- manas, he was alarmed at hearing that orders had been sent to the military commander at the presidio of Rio Grande to oppose his crossing the river; and thoroughly disheartened, he returned to Monclova, disbanded the militia, and decided to await events. But his fears got the better of him, and in company with Colonel Milam, Doctor John Cameron, and some officers of the state government, he attempted a secret retreat to Texas. The party was captured in a moun- tain pass by the forces under Cos, and sent prisoners to Monterey. Here Milam escaped. Orders having arrived to transfer the captives to the dungeons of San Juan de Ulua, they were fortunate enough to effect their escape on their transit to Saltillo, and eventually reached Texas. The state authorities were deposed by the general government, and all the decrees of the late session annulled. Those members of the legislature who remained in Coahuila were arrested and banished.^ Jos^ Miguel Falcon was appointed governor, but was removed August 8th, and succeeded by Rafael Eca y Muzquiz.® The questions which the Texans had to decide, now that the legislature had been deposed, was whether to submit to Santa Anna and the rule of a governor appointed by him, or establish a govern- ment of their own. Opinions on the subject were divided, and at first the peace party dominated. In different municipalities committees of vigilance and safety were established, and meetings held to dis- cuss the position of affairs. But these steps were only of a preliminary character. In June an event occurred which complicated matters, and by affording "Filisolo, ut sup., ii. 115-17; Kennedy, ii. 89, 90; Yoahim, i. 336; lioa Bdrcena, Recuerdog, 12; Tm-nel, Tej. y Estad. Unid., 55; Edwards, 232-3. » Texas, Col. Doc, Pinart Col, MS., no. 43. 156 EVENTS LEADING TO THE EEVOLT OF TEXAS. the Mexican government just ground for taking de- cided measures, hastened the approaching crisis. Captain Tenorio with twenty Mexican soldiers had been stationed for some time at Andhuac to guard the port against smuggUng, and afford protection to the collectors of the customs. He had often been annoyed and harassed by the opposition offered by the merchants of that place to the payment of the high duties upon imports, and riotous demonstrations had lately occurred. To such an extent had these disturbances arrived, that on June 1st the ayunta- miento of Liberty issued an order enjoining observ- ance of the peace, and calling upon all officers, civil and military, to aid in sustaining the revenue officials at Andhuac and Galveston. But this order had no effect. Shortly afterward William B. Travis and about fifty armed Texans attacked and disarmed Tenorio and his men, who being driven from the town retired to San Felipe. This high-handed pro- ceeding was condemned by the municipality of Lib- erty and the central committee.^" Cos meantime had addressed from Matamoros a conciliatory circular, dated June 12th, in which he maintained that the government in its views with respect to Texas was guided by justice and paternal regard ; but at the same time a courier was despatched to the commandant at Andhuac, informing him that a strong force would shortly be sent to Texas. The despatch was intercepted," and its contents excited public feeling to a high degree. On June 2 2d a meeting of the war party was held at San Felipe. The news of Yiesca's capture had lately arrived, and it was proposed to effect his rescue and expel the Mexicans from Bejar. This bold prop- ^' Edwards' Hist. Tex., 235-8, 240; Tex. Col. Doc, Piiiart Col, nos 16, 21, 28, and 42, MS. Edwards, page 238, states that Tenorio and his men were ordere James Bowie was a native of Georgia. His brother Kezin was the inven- tor of the knife which bears the family name. While Lafitte occupied Gal- veston, the three brothers, James, Rezin P., and John, engaged in buying African negroes of Lafitte's men, conducting them through the swamps of Louisiana for sale. They are said to have made $65,000 by this traffic. James Bowie was connected with Long's expedition in 1819. In October 1830 he became a naturalized citizen of Saltillo, and soon after married a daughter of Vice-governor Veramendi, of San Antonio de B^jar. Nov. 2d, 1831, he fought a remarkable battle with Indians on the San SabA River, in which, with his brother Rezin, nine other Americans, and two negroes, he defeated 164 Tehuacanas and Caddos, the Indians losing nearly half their num- ber, while the Anglo-Texans had only one man killed and three wounded. When hostilities broke out, he attached himself to the Texan cause. Thrall, 502-5. (175) 176 SIEGE OF SAN ANTONIO DE BEJAR. camped in a bend of the river pointing southward, and when morning broke, found himself almost surrounded by about 400 Mexicans. Perceiving that tJiere was no chance of escape, he withdrew his men into the river bottom, nearly 100 yards wide, and protected by a bluff from six to ten feet high, affording an ex- cellent position for defence, since the men could fire from a natural covert without being much exposed. The position was further strengthened by a skirt of timber around the bend and below the bluff, to which retreat could be made if necessary. Bowie divided the command into two parties, which respectively oc- cupied the upper and lower arms of the bend, Fannin being in charge of the latter. Before them stretched an open plain. A heavy fog for some time prevented the opponents from seeing each other, but when it rose, the Mexicans advanced to within 200 yards of Fannin's right, and poured in a heavy fire, every volley being marked in the yet gloomy light by a blaze all along their line. It was ineffective, however; while the rifles of the Texans, more deliberately discharged, and with deadly aim, wrought havoc. In order to avoid striking each other, Bowie now wheeled his detachment round the bend and stationed himself on Fannin's left. Pres- ently the Mexicans pushed forward a brass six-pounder to within about eighty yards, and opened with grape, at the same time sounding the charge. The attempt was attended with disaster. The fire of the Texans was more fatal than ever ; each man after dischai'ging his rifle dropped out of sight to reload while another took his place. Three times the piece was cleared of the gunners, and three times the charge repulsed. On the last occasion the Mexicans fled in disorder, leav- ing the cannon in the hands of the victorious Texans. It had only been fired five times. According to Colonel Bowie, the Mexicans lost nearly 100 men, of whom 67 were killed. The Texans had one killed and no one BATTLE OF CONCEPCION. 177 wounded.^ About an hour after the engagement the main body of the army came up, and the camp was estabhshed near the city. The extraordinary success which attended this en- gagement, called the battle of Concepcion, induced a general desire in the Texan forces to assault the town at once ; but Austin, anxious to avoid the loss of valu- able lives, deemed the enterprise too hazardous, though his army now numbered over 1,000 men. Moreover, he was entirely without siege cannon, his artillery consisting of only five small field-pieces. He there- fore held a council of war, at which it was decided that in view of the fortifications of San Antonio, it was too strong to storm without battering guns. At the same time Austin was doubtful of being able to keep the army together long enough to await the arrival of such aid.^ Cos meanwhile, little anxious to risk a general en- gagement, confined himself to strengthening his posi- tion, by barricading the streets, erecting batteries, and adopting other means of defence. Ugartechea, more- over, was despatched with 100 presidials to bring up from Laredo 400 or 500 convict soldiers.* The operations of the besieging army were now very tedious to brave and eager volunteers ready to take desperate hazards, and many began to leave for homa On November 2d Austin broke camp, and passing by the garita,^ took up a position on the east bank of the river, near its source, on the north side of the town, a constant patrol being kept up, which was very effective in cutting off supplies. A demand for the surrender of the place was made a few days later and promptly refused; whereupon the besiegers ad- vanced nearer to the town and occupied an eminence 2 Bowie's account in Kennedy, ii. 121-2, and Footn, ii. 121-5. Deweea, who frequently exaggerates, says: ' Over 104 of the Mexicans lay stretched in death on the bloody field.' Letters, 157. ^Austin to Capt. Dimit, Nov. 2d, inFoote, ii. 125; Id., to committee at San Felipe (orig.), in Tex. Col. Doc., no. 15; Morphia, Hist. Tex., 108. *Filisola, ut sup., ii. 186. * See plan elsewhere in this volume. Hist. N. Mex. States, Vol. IL 12 178 SIEGE OF SAN ANTONIO DE BtJAR. immediately above the old mill, which was situated about half a mile from the enemy's pickets. Skir- mishes of slight importance occasionally took place, and attempts were made to draw the Mexicans from their fortifications ; but Cos, though straightened for provisions, pertinaciously declined an engagement, and waited for his reenforcements. He had at this time about 800 men. On November 25 th Austin, having been informed of his appointment as commissioner to the United States, resigned his command and returned to San Felipe, where he arrived on the 29th. He was suc- ceeded by Colonel Edward Burleson, who was elected without opposition to fill his place on the field. On the following day a severe skirmish took place. It has been called the 'grass fight,' and again proved the superiority of the Texans in the field. The arrival of Ugartechea was now daily looked for, and it was expected that he would bring with him a large sum of money. Scouts were accordingly sent out to watch for his approach. On the 26th Cos despatched a body of 100 men on the old presidio road to cut grass for his famished horses. On their return with their pack-mules loaded they were discovered by the scout Deaf Smith," who, supposing them to be Ugarte- chea's advance guard with the silver, reported them as such at headquarters. This news caused great excitement in camp. Bowie with 100 mounted men galloped off" at once, and the rest of the army has- tened to follow. About a mile from the to^mi Bowie intercepted the foragers, who took up a position in a ravine. Bowie prepared to attack them, but his ^ Erasmus Smith, known as Deaf Smith on account of his defective hear- ing, was a celebrated guide and scout. He was horn in New York April 19, 1787, visited Texas in 1817, and became a permanent citizen in 1821. A few years later he married a Mexican woman of San Antonio, by whom he had several children. His coolness in danger was unsurpassed, and during the war he did eminent service on the Texan side. Smith was much given to solitude, was remarkable for his gravity, and seldom spoke except in mono- syllabic answers to questions. He was severely wounded in the shoulder at the storming of San Antonio,presently to be narrated. He died at Richmond, Fort Bend, Nov. 30, 1837. Thrall, 620-1; roakum, i. 251-2. DISGUSTED VOLUNTEERS. ny movements having been observed from San Antonio, a strong force was sent out in aid of the grass-cutters, which compelled him to change his front. Almost simultaneously the main body of the Texans came up, and a running fight was maintained till the Mexicans reached the town. Their loss was about fifty killed and some wounded, while the Texans had only one wounded and one missing. The mule-packs which the enemy left behind, on examination, were found to be filled, not with silver as was hoped, but grass, whence the name given to the enga.gement.'' But these occasional conflicts were not sufficient to avert the impatience which the general inactivity pro- voked, and the dissatisfied volunteers kept returning to their homes. For more than a month they had been hanging, around San Antonio, and its capture seemed no nearer accompUshment than at first. By the middle of November the besieging force was re- duced to less than 600 men. Fortunately about this time the two companies of New Orleans Grays ar- rived, under the command respectively of Captain Robert C. Morris and Captain Breece ; also a company from Mississippi, Captain Peacock, and one from east- ern Texas, Captain English. Yet the army dwindled day by day, so that even with these reenforcements it barely numbered 800 men at the end of the month. It is not to be wondered that the United States vol- unteers became disgusted, and affairs looked serious when 200 of them declared their determination to leave Bdjar on the last day of November and march against Mafcamoros, where they expected to be joined by from 5,000 to 8,000 men from the United States. Their ultimate intention, they said, was to proceed into the interior of Mexico. A rumor that an attack 'M, n. 17-18; Tex. Aim., 1860, 37; Taylor's account, ia Baker's Tex., 92; Thrall, 216; Swisher's Am. hketch Book, vi., no. v. 378. Mrs HoUey, pp. 340-1, followed by Kennedy, ii. 133, gives a different account of this fight, confusing it with an affair which took place on the 8th, occasioned by the death of one House, who broke his neck by a fall from his horse. A party went out to bring in the body, and was attacked by a superior body of Mexi- can cavalry, which was driven off with some small loss. 180 SIEGE OF SAN ANTONIO DE BilJAR. was being planned prevented them, however, from carrying out their purpose. On December 3d three Texans, Holmes, Smith, and Maverick, appeared in camp. They had been detained by Cos in San Antonio as suspected persons after the affair at Gonzalez, and having escaped, brought encouraging information relative to the gar- rison and defences of the town. It was decided to assault it just before daybreak on the following morn- ing. All was now bustle and preparation; but dur- ing the night one of the scouts, Arnold by name, was missed, and it was supposed that he had gone over to the enemy and informed him of the meditated attack. After a serious deliberation in Burleson's headquar- ters he countermanded the order for assault. The volunteers were now furious and insubordinate ; many companies refused to turn out at the morning parade ; and when Burleson, later in the day, issued orders to raise the siege, it was feared by some that blood would be shed. At this juncture Arnold returned, and bet- ter still, a deserter, a lieutenant in the Mexican army, arriving in Camp, stated that the garrison was in con- fusion, that the enemy had no knowledge of the in- tended attack, and that the strength of the place was greatly exaggerated. Enthusiasm was again aroused, and Colonel Milam, who after the capture of Goliad had followed the fortunes of the Texan army, enlisting in the ranks, urged Burleson to seize the opportunity and storm the place. Burleson assented, and author- ized Milam to proceed with the enterprise. Stepping in front of the commander's tent, the intrepid old sol- dier, waving his hat, cried out, " Who -svill go with me into San Antonio V"^ A ringing shout was the reply ; volunteers for the assault fell promptly into line, and Milam was elected their leader on the spot. The men were ordered to rendezvous that night soon after dark at the old mill. 'The w^ords as reported by Foote, ii. 165, were: 'Who will join old Ben Milam in storming the Alamo ? ' According to Yoakum, ii. 25, who doubtless quoted from the State Oazette, 1849, Sept. 1, 8 15, they were; ' Who will go with old Ben Milam into San Antonio ? THE BATTLE-FIELD. 181 San Antonio de Bdjar — called indiscriminately San Antonio and Bejar — is situated on the San Antonio River, the San Pedro Creek lying on its southern San Antonio and Environs. A. Old Mill. B. House of Veramendi. C. House of Garza. D. Main Square, or Plaza de la Constitucion. E. Military Plaza. F. Powder-house, or Garita. G. Eedoubt. H. Quinta. I. Priest's House. J. House of Antonio Navarro. K. Zambrano Row. L. Mexican Redoubt. side. To the north-east, on the opposite side of the river, was the fortified mission of the Alamo. The ground is generally level in the neighborhood, some- 182 SIEGE OF SAN ANTONIO DE BlfejAB. what more undulating on the west, and a number of irrigating ditches afforded some defence to the town, the principal buildings of which were of thick stone walls, and strong. The town proper is of oblong form, but on its eastern side it extends into a curious bend of the river. It contains two squares, one the old military plaza, and the other the plaza de la Constitu- cion, laid off in 1731. These are separated by the • church and other buildings. On the north side of L^ these squares runs the main street. The accompany- ing plan will enable the reader to understand the rela- tive positions and operations of the combatants. At the appointed time and place 300 volunteers appeared with two field-pieces, a twelve-pounder and a six-pounder, and provided with crow-bars to break through the walls of the houses. Burleson retained the remainder of the forces as a reserve, a portion of them under Colonel Neill being despatched at three o'clock in the morning across the river, with a piece of artillery, to create a diversion by a feigned attack on the Alamo. The plan of operations meantime was arranged by the storming party. Two divisions were formed, one un- der Milam, assisted by Colonel Nidland Franks of the artillery, and Major Morris ^ of the Grays, Maverick, Cook, and Arnold serving as guides. The second command was led by Colonel Frank W. Johnson, as- sisted by colonels James Grant and William J. Aus- tin, and Adjutant Bristow. Deaf Smith and John W. Smith acted as guides.'" A little before dawn, on the morning of December 5th, the storming columns moved rapidly but silently forward, Milam directing his course to Acequia street, and Johnson to that of Soledad, both of which led directly to the main plaza, where, at the entrance of ° Morris was raised to the rank of major on Ms arrival on the field. " The 1st division consisted of portions of the companies of captains York, Fatten, Llewellyn, Crane, English, and Landram, with the two pieces of ar- tillery and 15 artillerymen. The 2d division was drawn from the companies of Cook, Swisher, Edwards, Alley, Duncan, Peacock, Breece, and Placido Venavides. Johnson's report, in Tex. Aim., 1861, 52, THE MEXICANS SURPRISED. 183 these streets into it, breastworks had been erected and batteries planted.^ As they advance, Neill is heard battering at the Alamo. The Mexicans are taken by surprise, and without trouble Milam gains possession of Garza's house, and Johnson that of Veramendi, each about 100 yards from the square. A sentinel having fired his piece, the alarm is given, and a tre- mendous cannonade opened. But the assailants are already under cover, and it produces no effect more serious than preventing a communication between the two divisions. The twelve-pounder was, however, dismounted, and the smaller piece was of little or no service for want of a cover. But when the light came, the rifle did its usual deadly work, and during the day the enemy's guns within range were several times abandoned. On this day the Texans had one killed, and two colonels, one first lieutenant, and twelve privates wounded. All through the night the volunteers, though a ceaseless fire was kept up against them, labored at strengthening their position, by opening trenches to secure a safe communication. Nor had the besieged been idle. At dawn the assailants discovered that the roofs of the houses in their front were occupied by sharp-shooters, who during the day kept up a brisk fire of small-arms. The 6th passed, however, with few casualties, only five men being wounded, while a detachment of Captain Crane's company, under Lieutenant William McDonald, gallantly took possession of a house in front and to the right of Garza's dwelling, thus extending the line toward the military plaza. At daylight on the 7th the Mexicans opened a brisk fire of small-arms from a trench which theyhad made during the night on the east side of the river, and a heavy cannonade from a battery planted on the cross-stroet leading to tlie Alamo. But these new positions were of no avail ; by eleven o'clock the fire from them was silenced. About mid-day anothf 184 SIEGE OF SAN ANTONIO DE BEJAR. building, situated directly in front of the first division, was captured by the Texans. This feat was accom- plished by Henry Cams, of York's company, who effected an entrance with a crow-bar, under a heavy fire. The company followed and held the position. Keeping well under cover, the casualties of the Texans were extremely few ; but this day was marked by the fall of one whose memory will ever be grate- fully cherished. MUam, while crossing from his own position to the Veramendi house, was struck by a rifle-ball in the head and instantly killed. He fell in the gateway of the building, and was buried by his comrades in arms within a few feet of the spot. His remains were subsequently removed to the protestant burial ground at San Antonio, where they stiU rest. His loss was deeply deplored.^^ On the death of Milam a meeting of the officers was held, and the chief command conferred upon Johnson. At ten o'clock that night captains Llewel- lyn, English, Crane, and Landram, with their com- panies, gained possession of the house of Antonio Navarro, situated close to the square. Connected with it was a row of buildings known as the Zambrano Row. The Mexicans endeavored to expel the volun- '^ Kennedy, ii. 149; Thrall, 592. Benjamin R. Milam was a native of Ken- tucky, bom of humble parents, and having little education. He distinguished himself in the war between the U. S. and England in 1812-15, and afterward engaged in trading with the Indians at the head waters of the Texan rivers. Later he joined Mina in his disastrous expedition in aid of the revolutionary- cause in Mexico, and being one of those who escaped death, rendered valuable services. When Iturbide proclaimed himself emperor, Milam was among the first to join the party that opposed him. For this he was cast into prison, where he languished till Iturbide 's dethronement, when he was released. For his services in the republican cause he received in 1828 a grant of eleven square leagues of land in Texas. It seems, however, that he located it by mistake in Arkansas, and applied to the government of the state of Coahuila and Texas for and obtained an empresario grant. He was in ilonclova at the time of Viesca's deposal, and hia capture in company with him has already been narrated in the text. MUam escaped from his prison at Monterey by winning the confidence of his jailer; and being supplied with a fleet horse and a little food by a friend, he travelled alone 600 miles, journeying by night and and concealing himself by day, till he reached the vicinity of Goliad almost exhausted. After the capture of that place he enlisted in the ranks. MUam was about 45 years of age when he fell. Holley's Tex. , ^iMrS; Tex. Aim., \86\, 84-5; Thrall, 590-2; Niks' 8. Am. S,36. In 1878 an aged Mexican, named Brigido Guerrero, applied to the county court of B^jar county for a pension as a survivor of the Alamo. His story was that he was one of the soldiers under Travis, and when the enemy had gained the enclosure, entered the room occupied by the women, who concealed him under some bedding, where he remained till night, when he made his escape. His veracity was doubted by many of the early inhabitants, but he oflfered the court such strong evidence that he was placed on the pension list. Gould, Alamo City Ouide, 22. '^^ Account o_f Buiz, ut sup. 'I was an eye-witness, for, as alcalde of San Antonio, I was with some of the neighbors collecting the dead bodies and placing them on the funeral -pjrre.' Mrs Dickenson also states that the num- oer of the Texans was 182. Morphis, 176. There is some doubt as to the exact number of the garrison before its destruction. Yoakum and Potter say it was 188, though the latter appears to be in doubt. Caro, utsup., states that the enemy numbered 183 at the time of the assault. It is not improba- ble that during the siege several couriers were sent out by Travis and cut off by the enemy. Capt. John W. Smith was the bearer of his letter of March 3d 214 THE Alamo and goliad massacres. ary 25, 1837, the ashes and a few remaining bones were collected by Colonel Seguin and his command, were placed in a coffin, and interred with military honors near the spot where the ' heroes of the Alamo ' fell. In after years a small monument was made from stones taken from the ruins of the fortress, and placed in the entrance to the state-house at Austin. On it are inscribed the names of 166 of the slain. What the loss of the Mexicans was wiU never be accurately known. Santa Anna, to magnify the glory of his dearly bought victory, reports it as 70 killed and about 300 wounded ;^'^ General Andrade's official returns give 60 killed and 251 wounded.^ But these figures are utterly unreliable. Much more trustworthy are those supplied by Ramon Martinez Caro, who was Santa Anna's secretary. He states that over 300 Mexicans lay dead on the ground, and that probably 100 of the wounded died.^^ Alcalde Ruiz, who super- intended the burial of the dead, asserts that there was not room sufficient for them in the grave-yard, and that he ordered some of them to be thrown into the river, which was done. " Santa Anna's loss," he says, "was estimated at 1,600 men." Anselmo Bogarra, who left San Antonio on the evening after the occur- to the president of the convention. Gould, Alamo City Guide, IS. Oould states that Travis proposed on March 4th to surrender on condition that the lives of himself and comrades should be saved, and that Santa Anna replied: 'You must surrender at discretion without any guarantee, even of life, which traitors do not deserve.' p. 19. This is in accordance with FUisola's statement, who, however, only mentions it as a report. ' Se dijo que Travis Barnet . . . por medio de una muger hizo propuestas al general eu gef e, que ren- diria las armas yel fuerte,' etc. Mem. Tej., 1849, i. 9. " He shows such contempt for the truth as to assert that more than 600 Texans were slain, and that the attacking force was only 1,400 in number. Copy of his official report in Id., i. 15-17. His equal in lying is ilaillard, who asserts that the garrison numbered 430 men. Hist. Rep. Tex. , 101-3. I ^* Filisola, ut sup. , 12. ^' Yerdad Idea, 10. Speaking of Santa Anna's report that over COO Texans fell, he says: 'I must state that I myself drew it up, putting down the number ordered by his Excellency, ' adding, ' pero ahora se habla la verdad, y en consequencia no fueron mas que los citados ciento ochenta y tres.' p. 11. Doctor Barnard, who afterward tended on some of the wounded, about 100, mentions that he saw in the streets 200 or 300 more who were crippled, and that citizens informed him that 300 or 400 had died of their wounds. Linn's Rem., 177. The Mexican surgeons informed him that 400 men had been brought into the hospitals on the morning of the assault. INDEPENDENCE URGED. 215 rence, reported to General Houston -that 521 Mexicans were killed and as many wounded. Potter considers that this number : probably represented the total cas- ualties. General Bradburn was of opinion that 300 men were lost in this action to the service, including those who died of their wounds and the permanently disabled. Whatever the loss was, there can be no doubt that it far exceeded in number the defenders. While these events were occurring, the convention had assembled and the independence of Texas was declared. Separation from Mexico had gradually taken a firm hold on the minds of all The question had even been put to the vote at the consultation, and though lost by a large majority,^" the necessity of the step became daily more apparent. A decided move in the direction of independence had been made as early as December 20, 1835, by the troops and citizens at Goliad, headed by Captain Dimit, who on that date attached their signatures to a formal declaration of independence, drawn up in a spirited proclamation.^^ As such declaration could only be made by a popular representation of the people, the action was premature and unwarranted, but it aroused general attention. Moreover, Austin writing from New Orleans in Jan- uary 1836, urged that the independence of Texas should be proclaimed,^^ and other leaders were equally decided on the matter. ^^ ^'Ayes, fifteen; noes, thirty-three. JonmnU of the Consult., 18-19. ^'The number of signers is 91. On the 22d a committee was appointed to attend to the printing and circulation of the proclamation. Full text will be found in Tex. Aim., 1860, 7G-9. It was taken from the State Gaz., 1852, which copied it from the Texas Sepublicon, published at Brazoria, Jan. 13, 1836, andTsaid to have been the only copy in existence. '^ In a letter to Gen. Houston, dated Jan. 7th, he says : ' Were I in the convention I would urge an immediate declaration of independence; ' aud again, in one of Jan. 17th to D. C. Barret, chairman of the council, he writes; 'The whole nation of all parties is against us; they have left us but one remedy — independence. It is now necessary as a measure of self- defense.' Foote, ii. 195-7. '' Houston said that he felt confident that but one course was left for Texas to pursue, and that was an unequivocal declaration of independence. Letter to John Forbes, Jan. 7, 1836; Yoakum, ii. 55. 216 THE jClAMO AJSTD GOLIAD MASSACRES. Thus the delegates to the convention when they assembled, March 1st, were unanimous in their opin- ion ; nor did they lose time. The convention having organized, Richard Ellis being chosen president, and H. S. Kimball secretary, on the 2d it solemnly de- clared political connection with the Mexican nation forever ended, and that the people of Texas consti- tuted a free, sovereign, and independent republic, fully vested with all the rights and attributes prop- erly belonging to independent nations. This dec- laration of independence was signed by fifty-eight delegates, three only of whom — namely, Antonio Navarro, Lorenzo de Zavala, and Francisco Ruiz — were Mexicans.** The statement of grievances was based upon the changes made in the government by Santa Anna, and the establishment of a combined despotism of the sword and priesthood, in the place of the constitution under which the immigrants had set- tled in Texas. Particular instances of tyranny and of failure to provide for the welfare of Texas are enumerated. The rejection of the petition for a sepa- rate state government; the imprisonment of Austm; the failure to establish trial by jury and a public sys- tem of education ; arbitrary acts of oppression on the part of military commandants; the dissolution by force of arms of the state congress of Coahuila and Texas, thereby depriving the people of the right of ^ The following were the signers, Stephen W. Blount; K Ellis; C. B. Stewart; James Collinsworth; Edwin Waller; A. Brigham; John S. D. By- rom; Francisco Ruis; J. Antonio Navarro; William D. Lacy; William Menifee; John Fisher; Matthew Caldwell; William Motley; Lorenzo D. Zavala; George W. Smyth; Stephen H. Everett; Elijah Stepp; Claiborne West; William B. Leates; M. B. Menard; A. B. Hardin; Jolm W. Bunton; Thomas J. Gazley; R. M. Coleman; Sterling C. Robertson; George C. Childress (Childers); Bailey Hardiman; Robert Potter; Charles Taylor; John S. Roberts; Robert Hamil- ton; Collin McKinuey; A. H. Latimore; James Power; Sam Houston; Ed- ward Conrad; Martin Palmer; James Gaines; William Clark, Jr; Sydney 0. Pennington; Samuel P. Carson; Thomas J. Rusk; William C. Crawford; John Turner; Benjamin Briggs Goodrich; James G. Swisher; George W. Barnet; Jesse Grimes; E. 0. Legrand; David Thomas; S. Roads Fisher; John W. Bower; J. B. Woods; Andrew Briscoe; Thomas Barnett; Jesse B. Badgett; H. S. Kimble, secretary. Tex. Law Hep., 1838, i. 6-7. In Niles' Reg,, Ixiii. 195, the list of names is supplied with the place of nativity of each individual; but Samuel A. Maverick and J. W. Moore appear in the places of Thomas Barnett and Samuel P. Carson. ARMY ORGANIZATION. 217 representation ; piratical attacks on Texan commerce ; the denial of religious tolerance ; invasion of the coun- try for the purpose of driving the colonists from their homes ; and inciting savages to massacre inhabitants on the frontiers, were set forth as the prominent causes of separation. ^'^ The invasion of Texas by Santa Anna necessitated immediate attention to the formation of an army. On the 4th Houston was unanimously reappointed com- mander-in-chief, with authority over all regulars, volunteers, and militia in the field, the point of his lieadquarters being left to his own discretion. All able-bodied males between seventeen and fifty years of age were made subject to military service, and an official was appointed for each municipality to form a list of all such within its district. Names were to be drawn by lot till the number called for at any time was filled, and the men so drafted were to serve for a term not exceeding six months. In order to retain and attract foreign volunteers, lands to an increased extent were promised. To those already in service, and who should so continue till the end of the war, 1,280 acres were granted; 640 acres for six months' service, and 320 acres for three months' service. All those who sliould thereafter volunteer and serve dur- ing tlae war would receive 960 acres.®® Moreover, an appeal for sympathy and aid was sent to the people of the United States. Executive ordinances were adopted March 16th, preliminary to the establishment of the constitution which the convention had been diligently occupied in draughting. These provided for the organization of a provisional government, with plenary powers in aU matters save legislative and judicial acts. This gov- '* Copies of the declaration will be found in Id., 1. 99-100; Holley'a Tex., 236-41; Sen. Doc, 24th coug., 1st ses., vi., no. 415, pp. 3-18; Tex., Address of W. H. Wharton, 49-53; Tex., Laws Rep., 1838, i. 3-7. The Mexican gov- ernment in a manifesto to the Mexicans, July following, calling upon them to unite in subjugating Texas, denied her right to separate, and charged her people with black ingratitude. Mex. Manif. del Cong., 1836, sm. 4to, pp. 20. '"Ordinances of the Cong., March 12 and 17, 1836. 218 THE Alamo and goliad massacres. ernment was to consist of a president, vice-president, a secretary of state, and one for each of the depart- ments of war, the navy, and the treasury, and an attorney-general, all of whom were to be elected by the convention. It was authorized to negotiate a loan not exceeding $1,000,000, and appropriate the funds of Texas to the defence of the country; also to issue writs of election for members of congress, to enter into negotiations and treaties with foreign powers, and to appoint commissioners to the same.^^ Forthwith David G. Burnett was elected president; Lorenao de Zavala, vice-president ; Samuel P. Carson, secretary of state; Thomas J. Rusk, Robert Potter, and Bailey Hardiman, secretaries of war, the navy, and the treasury, respectively; and David Thomas, attorney-general. Having taken the oath of office, the members of the government at once entered upon their respective duties. On the I7th the constitution was adopted and signed by the delegates. The con- vention then adjourned sine die. I append below a synopsis of the constitution,^ in which the reader will '''Exec. Ord., in Kennedy, ii. 502-4. '* Copies of the constitution will be found in Id., ii. 505-22; Tex., Laics Hep., i. 9-25; Tex., Repealed and Obsolete Laws, 5-14. It divided the powers of the government into the usual three departments of the legislative, execu- tive, and judicial, the first being vested in a congress composed of a senate and house of representatives. The powers of the executive and congress were defined and rules laid down for their government. The judicial power was vested in one supreme court, and inferior courts established by congress from time to time; the republic w!i3 to be divided into convenient counties; and conp'ess was to introduce by statute the common law of England, with such modifications as circumstances might require. In criminal cases tlie common law was to be the rule of decision. Slaves for life were to remain in like state of servitude. Congress could have no power to emancipate slaves, nor could any slave-holder manumit his slaves without the consent of congress. No free African could reside permanently in the republic without similar consent; the importation of Africans or negroes into the republic, excepting from the U. S., was prohibited, and declared to be piracy. Head rights were defined, to each head of a family who had not received his portion of land one league and a labor being assigned, and to every single man of 17 years and upwards, one third of a league; additional grants were to be made in favor of colonists, married and single, already settled, so as to raise the quantity of land received by them to the above standards respectively. The land system was to be suspended tiU those serving in the army had a fair and equal chance with those remaining at home to select and locate their lands, and a general laud- office was to be established. The constitution was made subject to amend- ments proposed by congress, which were to be submitted to the people for approval. The document concludes with a declaration of political and civil EFFECT OF HOUSTON'S SPEECH. 219 not fail to notice the stringent regulations laid down for the firm establishment of slavery in Texas — meas- ures strikingly in contrast with the more enlightened legislation of the Mexican government on the same question. Houston's speech at Refugio, mentioned in the last chapter, produced such an impression upon the vol- unteers that most of them abandoned Grant and Johnson, whose force was thereby reduced to little over sixty men.°* Indeed, to persevere in a descent on Matamoros would have been madness, as it was presently known that considerable forces of the enemy were concentrated at that place. It was now a question of self-defence, and Colonel Fannin, who arrived at Groliad soon after Houston's departure, actively engaged himself in preparing to resist the expected invasion. He at once proceeded to organize the troops, who were almost to a man volunteers from the United States,*" and on February 7th an election was held for the appointment of colonel and lieutenant-colonel, Fannin and Major Ward of the Georgia volunteers, respectively, being almost unan- imously elected. The erection of a fortress called Defiance at Goliad was commenced, and was expected to be completed by March 3d. Writing on the 1st of that month, Fannin says: "I have 420 men and as many spare muskets, but no men to back them." rights. Religious tolerance, freedom of speech and the press, and personal rights were guaranteed. In criminal prosecutions the accused was to have the right to be heard. No titles of nobility or hereditary privileges could ever be granted. The right of trial by jury was to remain inviolate, and the privilege of habeas corpus was not to be suspended except in cases of rebellion or invasion. No person could be imprisoned for debt in consequence of in- ability to pay; treason was defined; and perpetuities and monopolies were not to be allowed. ^R. R. Brown's Account, in Tex. Aim., 1859, 134. Brown accompanied Grant to the time of his death, and I consider his statements reliable. F. W. Johnson, in Baker's Tex., 81. *" Fannin bitterly complains in his letters to the government of the disin- clination of the citizens of Texas to muster in the ranks, and the destitute condition of the U. S. volunteers, many of whom were naked and barefoot. Writing on Feb. 14th, he says that he could find but some half-dozen citizens of Texas in the ranks. Foote, ii. 202, 207. 220 THE Alamo and goliad massacres. Meanwhile disaster fell upon Grant and Johnson. These leaders proceeded to San Patricio with a force of less than, 100 men, where they received informa- ation from Fannin, then at Matagorda Bay preparing for the expedition against Matamoros. This was in January, and the undertaking had not yet been abandoned. At Velasco was a large number of vol- unteers, and Fannin was attending to their trans- portation to Refugio. Being instructed by him to collect as many horses as possible, Johnson and Grant divided their command into two parties, one of which, under the latter, proceeded toward the Rio Grande in quest of horses, while Johnson remained at San Patricio with the other. When about sixty miles from San Patricio, Grant's party captured Cap- tain Rodriguez and sixty-six Mexican soldiers, who were in charge of 300 or 400 horses collected for the forces at Matamoros. The prisoners were released from confinement under parole ; they decamped, how- ever, on the first opportunity. The horses were taken to San Patricio. Grant, with Johnson in com- pany, started on another scouting expedition almost immediately; when near Sal Colorado the command divided, Johnson returriing, while Grant pushed his way to the Rio Grande in pursuit of a large band of horses driven by fifty Mexicans. Having taken a considerable number of the animals at the river, Grant returned on his way back to San Patricio, and arrived at the Agua Dulce, within twenty miles of the place, unmolested. Making an early start on the morning of March 2d, the party had not proceeded far before it was suddenly surrounded by several hundred Mexican dragoons, commanded by Urrea in person, that issued from two belts of timber between which Grant was passing. Nearly all his men were shot down or lanced. Grant and Reuben R. Brown in a few minutes considering themselves the only sur- vivors. The firing stampeded the captured horses, which broke the line of the dragoons, and Grant A KACE FOR LIFE. 221 and Brown following in their wake, endeavored to escape. The race for life was continued for six or seven miles, till at last, overtaken and surrounded, the pursued men dismounted, determined to sell their lives as dearly as possible. Grant fell pierced by several lances, after having shot dead a Mexican who had lanced Brown in the arm. A moment after, the latter was lassoed and dragged to the ground. Brown was conveyed to San Patricio, then in pos- session of the Mexicans, where his life was saved by the interposition of a priest and a Mexican woman. Thence he was sent to Matamoros, where again he was spared through similar intercession. On both occasions he had been led forth for execution. He eventually succeeded in escaping, through the assist- ance of outside friends, in the latter part of December of the same year, and arrived at Guadalupe Victoria about the 1st of January, 1837.*^ As already stated, San Patricio had fallen into the hands of the enemy before the destruction of Grant and his party. Urrea had arrived at Matamoros on January 31st. There he remained till February 18th, when, having already passed his forces over the river, he proceeded on his march to meet the Texans, of whose intentions against Matamoros he was well in- formed. His command consisted of the infantry battalion of Yucatan, in number 350 men, about the same number of dragoons drawn from Cuantla, Tam- pico, Durango, and Guanajuato, and several companies of permanent mditia; in all between 900 and 1,000 *' This aocoant of Grant's raid and death is taken from Brown's narrative in Tex. Aim., 1859, 134-7, and that of P. W. Johnson in Baker's Tex., 80-2. Brown's statement regarding Grant's death is corroborated by Urrea, who says that Grant and 41 riflemen remained dead on the field. Diarm, Camp, de Tej., 10. The absurd story told by Yoakum, that Grant was wounded, and taken prisoner to San Patricio, where, after ministering to the wounded of the enemy for three weeks, he WM tied Mazeppa-like to the back of a wild mustang and mangled to death, is an instance of the most confiding credulity on the part of that author. Hist. Tex., ii. 84-5. Brown mentions the escape also of Plicido Benavides, a Mexican, and Johnson that of Plaude and Wil- liam Innlock. Their accounts are the most reliable ones of this event, and hear every mark of truthfulness. 222 THE Alamo and goliad massacres. men/^ about 200 of whom were left at Matamoros to follow later. Though ill supplied with provisions, he pushed forward toward San Patricio, the weather being very severe, and causing much suffering.*^ At three o'clock in the morning of the 27th, he arrived at San Patricio, and half an hour afterward, in the midst of a storm of rain, assaulted the barracks, which, after an obstinate resistance on the part of the gar- rison, commanded by Pierce, was carried,- and the defenders to the number of forty put to death or shot, afterward. Johnson with three companions, Daniel J. Toler, John H. Love, and James M. Miller, escaped. The house which they occupied was surrounded, and they were ordered to make a light. A few minutes afterward firing opened in front, and the Mexicans in the rear of the house moved away; whereupon John- son and the others escaped by the back door and made their way to Pefugio. A Frenchman, who had se- creted himself, was granted his life.** After the destruction of Grant's command, Urrea returned to San Patricio, and on March 7th he was joined by the troops that had been left at Matamoros. On the 13th he marched against Goliad, and on the following day, having learned that the mission of Refugio was occupied by a strong detachment of Fan- nin's force, turned aside to attack the place. Refugio was distant from Goliad between twenty and thirty miles, and a few days previously Fannin had sent Captain King and his company*^ thither to bring oflF " These figures are supplied by Potter, who was in Matamoros at the time and counted the troops. Te.r. Aim., 1868, 31-2. Filisola, ii. 402, says 600 men. Urrea states that his force was 320 iafantry and 230 dragoons. Diario, Camp, de T mm.; The Centmy, Aug., 1884; Baker's Tex., 255-7. 244 SANTA ANNA'S HUMILIATION. Beason Crossing, generals Ramirez y Sesma and WoU, with, a force variously estimated at from 600 to 800/ reached the Colorado and took up a position in a bend of the river about two miles above the Texans. On the approach of the Mexicans, Captain Cames had been sent with, five men to reconnoitre, while to pre- vent Sesma from passing across the river, Colonel Sidney Sherman and Captain Patton were despatched with 150 men to Dewees crossing.' Cames fell in with twelve of the enemy, and in the skirmish which ensued, killed one of them and captured another. Sherman's detachment was presently increased to from 350 to 400 men. For six days the opposing armies remained in their respective positions within striking distance without either side making any hos- tile demonstration. * Houston's army by the 25th had received such accessions that it was over 1400 strong,' and the men were all eager to engagg the enemy. There is evidence that at one time he intended to cross the river and give Sesma battle ;" but on the ^The real number was 725. Filkola Mem, Tej., i. 20. ' Tex. Aim., 1S60, 56. Yoakum calla it Robertson's crossing, ii. 112. ^ Sesma was ordered by Santa Anna not to attempt to cross the river, un- less the enemy retired. Filisola, Mem. Guerra Tej., li. 441. 'It is impossible to find out the exact number of men under Houston at this time. Ex-president Anson Jones says that on the day of the retreat from the Colorado their number was over 1500 — ' I think 1570 '; Col Ben Fort Smith, 1360; Col Amasa Turner says, 1468, besides 105 men who joined the next day. Col Tarlton gives the number 1800; Calder thought the muster-roll showed 1400; Franklin says upward of 1400 men; Heard considered the numerical force to be from 1500 to ICOOmen, because the issu- ing commissary told him that rations for 1600 had been drawn. Tex. Aim., 18G0, 136. Foote considers that at least 1400 soldiers were present on the 25th, and in a note gives his authorities. Tex., ii. 274. The Mexican gen- eral, Sesma, placed the number of the Texans at 1200. See his despatch to Santa Anna of March 25, 1836, in Filisola, Mera. Tej., i. 41. Houston in his speech in the Senate of the U. S., Feb. 28, 1859, states that his efficient force never exceeded 700 troops at any one point. Congressional Globe, 1859, p. 1438. Copy of same speech in Tex. Aim., 1860, 18-35. This assertion is somewhat contradictory to the statement in his letters of March 23, 1836. " Foote- — ii. 278-9 — states that he is comTnced that Gten. Houston, up to the 25th of March, contemplated a struggle with the enemy in the neighbor- hood of the Colorado, and from a mass of documents, quotes one which he considers conclusive. 'Capt. Shape says: Gen. Houston told me to tell the people not to run any farther . . . there would be no more retreating; and that the next news they would hear from the army would be of a battle, the result of which no one could doubt.' The same author also supplies copy of Army Orders of March 21st, in which Houston's intention is evident. 'In <\ HOUSTON'S INTENTIONS. 245 25t]i news was brought by Peter Kerr of the capture and massacre of Fannin's command. This was a death-blow to his plans. It would be madness to as- sail under these circumstances, allow Urrea to gain his rear, and let himself be surrounded by over- whelming forces." Accordingly he decided on a fur- ther retreat to the Brazos, and on the evening of the 26th fell back five miles and encamped on the margin of a lake in the prairie. This movement increased the prevailing consternation, and caused the greatest dissatisfaction to both the officers and troops of his army. The fiery spirits of which his force was com- posed were longing to strike the foe which had dealt so savagely with their relatives, comrades, and coun- trymen, and in their rage could not perceive the pru- dence practised by their general. It is true that he might have struck Sesma hard, had he attacked him; but it must be borne in mind that while the Mexican commander had two pieces of artillery,^'' Houston had none, and it was for his cannon that he reasonably waited so long. But it never arrived, and he did not dream of such a blow as the destruction of Fannin and his command, who, he supposed, were safe at Victoria, as would have been the case had Fannin obeyed his orders. As soon as General Houston's intention be- came known. Captain Heard and a number of other substantial planters on the banks of the Colorado asked for and obtained furloughs to enable them to remove their families to places of security, and in the subsequent retreat, as elsewhere intimated, the army was soon reduced to half its original strength by the departure of men bent on the same errand. Meanwhile the government had been exerting itself few days, ' he says, ' I liope to have force sufficient to capture the enemy before he can reach the Guadalupe.' '1 Moreover if he fought a battle, he had no means of transporting his wounded. Houston's Speech ut swp. ^'- ' Dos piezas de S 6 con sus correspondientea dotaciones de artilleros y municioues.' MUsola, Mem. Tej., i. 20. 246 SANTA ANNA'S HUMILIATION to send reenforcements, war material, and supplies to the front. Two thirds of the militia had been called out, and measures were adopted to arrest the panic and flight of the inhabitants toward the Sabine. Pres- ident Burnet, on March 18th, issued a proclamation tending to allay the public consternation, exhorting the people not to abandon their homes, thereby de- priving their country's defenders then in the field of additional strength. But this proved ineiFectual. As soon as the fate of Fannin's command was known, and that Houston was in retreat, the wild hurry to escape of the fleeing people rose into a panic, which erelong reached Trinity, whose inhabitants fled. Samuel P. Carson, the secretary of the navy, writing to President Burnet, says, " Never till I reached Trinity have I desponded, I wiU not say despaired." " It was as if a hurricane of terror was sweeping over the land- Houston retired rapidly toward the Brazos, reach ing San Felipe on the 28th. Here the dissatisfaction of the troops displayed itself in a spirit of insubordina- tion. Objection was raised to marching up the river, it being maintained that the principal settlements were situated below. The commander-in-chief decided to move up, whereupon two companies, one commanded by Captain Mosely Baker, and the other by Wjdie Martin, refused to come into line," and he was fain to order Baker to remain behind, with 120 men, to guard the crossing at San Felipe, and to grant the re- quest of Martin's company to go down to the crossing at Fort Bend, or Old Fort. These arrangements having been made, on the 29th Houston moved up the river with the main body, now reduced to 520 ef- ficient men, crossed MiU creek, and on March 31st encamped in the Brazos bottom opposite Groce's plan- tation. Here he remained till April 13th, detained '* Letter of April 4th, in Yoakum, ii. 119. ^^Labadie, in Tex, Aim., 1859, 44. Houston makes mention of only one company as mutinous. Honston's Speech, tUsup., 1435, also in Tex. Aim., 1860, 23. MEXICAN ADVANCE. 247 by tlie high waters of the riVer from any active opera- tion. The rains were unusually heavy this season; the Brazos rose to a height not known for years, and his camping ground was at one time converted into an island by the floods. Provided with no tents, and but little covering of any kind, the sufferings of the soldiers from wet and exposure were severe, and sick- ness naturally followed. In the evening of the day on which Houston left San Felipe, the town was burnt to the ground by Baker. This severe measure was adopted on account of a report brought in by his scouts that they had seen the Mexican advance guard within a few miles of the place, which they would probably reach before day- light. Unfortunately, the scouts had mistaken a drove of cattle for a squadron of cavalry, and the untimely burning of San Felipe caused the destruction of an immense quantity of goods which might otherwise have been saved." On March 24th, General Tolsa arrived at the Colo- rado with his command, .raising Sesma's division to 1,400 men of all arms," and this general, on the re- treat of Houston, at once proceeded' to pass his troops over the river on rafts. The Colorado was much swollen, but in four days after the departure of the Texans, he succeeded in placing a considerable portion of them on the other side, and a few days later crossed over with the remainder. When Santa Anna became aware of the large Texan force concentrated on the Colorado, he changed his intention of returning to Mexico, and decided to take the field in person. In- deed, he changed all of his plans. Gaona was ordered to cross the Colorado at Bastrop, and march to San Felipe as a support on Sesma's left, and Urrea was '* Foote, ii. 283. This author, in his account of this occurrence, quotes ' the very words of the last number of the San Felipe Telegraph, the accuracy of which there is no reason to question.' 1* These are Sesma's own figures, according to his despatch to Santa Anna dated March 25, 1836, in FiUaola, Mem. Tej., i. 41. 248 SANTA ANNA'S HUMILIATION. instructed to move from Victoria against the same place. Colonel Amat was sent forward to Gonzalez with 600 men, two eight-pounder and two four-pounder cannon, and a seveurinch mortar, taking with him rations for one month. Having made these arrange- ments, and leaving General Juan Jose Andrade in command at Bdjar with most of the cavalry and some piquets of infantry, the Mexican dictator left, March 31st, with his staff and General Filisola. On April 2d he reached Gonzalez, and finding the waters of the Guadalupe so high that it would be necessary to con- struct rafts for the passage across of Anaat's brigade, such was his impatience that he hurried forward with his staff and an escort of about forty dragoons, leaving Filisola to direct the crossing of the troops, artillery, and wagons. On the 5th he reached the Colorado, and with Sesma's and Tolsa's commands pushed for- ward with the same impetuous haste to San Felipe, where he arrived April 7th." Santa Anna in the plenitude of his self-confidence considered that he had an ample force with which to crush the retreating Texans without the assistance of Urrea's division, and on April 6th countermanded his instructions to that general, ordering him to take pos- session of Matagorda, and carry out the operations previously assigned to him." This proved to be a fatal mistake. Urrea crossed the Colorado, and on April 13th entered Matagorda, which he found evac- uated. He then directed his march to Brazoria, tak- ing possession of the place on the 2 2d without oppo- sition, a large quantity of goods of all kinds falling into his hands. '^ "While Urrea was thus far away from the future field of action Gaona failed to arrive at San Felipe at the time expected. In fact he had lost his way in the desert region lying between Bastrop and San Felipe, which place he did not reach till ^T Filisola, Mem. Tej., i. 41-51; Id., Represent., 12-13; Caro, Verdad. Idea, 17-18; Almonte's Journal, in Katiomal Banner, July 13, 183S. '*Copy of despatch in Filisola, Mem. Tej., 50-1. '°/d., Mem. Cfuerra Tej., ii. 446-9; Uiiea Diario, 24r-7. CROSSING THE RIVER. 249 April I7tii.''° These two circumstances, combined with, the impetuosity and presumptuous self-reliance of Santa Anna greatly conduced to the catastrophe which ended in his overthrow and capture. Sbctionai Map of 1835. Meantime Santa Anna, finding Baker's detachment opposed to him on the opposite side of the river, made no attempt to cross, but on the 9th moved down the '^Caro Verdad. Idea, 22; Filkola, Mem. Guerra Tej., ii. 449-50. 250 SANTA ANNA'S HUMILIATION. Brazos ■with, the chosen companies and reached Old Fort" on the 11th. Sesma was left at San Felipe with 489 men, being instructed to place himself un- der Filisola's orders when he should arrive." The last named general had reached the Colorado on the 10th, and moving forward arrived at the ruins of San Felipe on the 14th, and at Old Fort on the 16th. From the latter place Santa Anna sent instructions, as soon as he arrived, for Sesma and Filisola to join him there as speedily as possible. Sesma came up on the 1 3th, and on the following day the commander-in-chief, without waiting for the arrival of Filisola, having ob- tained possession of a flat boat " and two canoes suc- ceeded in crossing the river by a ruse. At Old Fort there were two crossings, the upper and lower, and as Wylie Martin's force was not sufficient to guard both, he was kept occupied by a demonstration at the upper ferry, whUe the Mexicans efifected their pas- sage across at the lower one. Martin thereupon pro- ceeded up the river and joined Houston who by this time was also on the east bank of the river. Taking with him 700 infantry with a six-pounder and 50 cavalrymen, Santa Anna hurried off to Harrisburg, leaving Sesma with the remainder of the division at Old Fort. The cause of all this haste was the receipt of news that the Texan government had its seat at Harris burg and the Mexican commander-in-chief hoped, by- a forced march, to capture the president and other members. He arrived at the place in the night of the 15th," only to find three printers in it, the gov- ^'Also called Fort Bend, Thompson Ferry, and Orozimbo — ^now Rich- mond. '^'' See Sesma's note to Filisola of Apr. 9, 1836, in Id., Menu Tej., i. 64; Id., Represent., 13. ''^ Houston states in the speech already quoted that he had ordered every craft on the river, to be destroyed but by a ruse the enemy obtaiaed the only boat that was in that part of the country where a command was sta- tioned. They came and spoke English. Consult Yoakum, ii. 1'21. ^*At this date the positions of the Mexican divisions were as follows: Urrea was at Matagorda, 30 leagues distant from Sesma, and 40 from Filisola; Gaona was lost in the desert between Bastrop and San Felipe; Filisola was TEXAN MOVEMENTS. 251 ernment and inhabitants having left for New Wash- ington, whence they crossed over to Andhuac, and from there to Galveston island in the steamer Cayuga, the government making the latter place its seat." At Harrisburg Santa Anna learned from the print- ers that Houston was at Groce crossing with 800 men. He then sent forward the cavalry to New Washington mider Colonel Almonte, who presently, from information there received, reported that Hous- ton was marching for the Trinity by way of Lynch's ferry. Having set fire to Harrisburg,'" the Mexican general moved, on the l7th, to New Washington, ar- riving there on the 1 8th, having previously despatched a courier post haste to Filisola ordering him to send General Cos with 500 picked troops to join him by forced marches." And here, for the present, we will leave him to follow the movements of the Texan army. The impatience of the troops at the Fabian policy of General Houston was so great that the expression of it bordered on mutiny, and it is an undeniable fact that while they were in camp on the Brazos several meetings were openly held at which the question was discussed of appointing another leader. ^° On April 4th, Thomas J. Rusk, the secretary of war, arrived at the camp, and it appears that at his suggestion an understanding was arrived at that the army should 16 leagues distant from Sesma, and Santa Anna at Harrisburg 20 leagues distant. ^ Pres. Burnet was nearly captured by a squadron of Mexican cavalry on the morning of the 17th, at New Washington, escaping to the steamer in a small boat only a few minutes before the enemy reached the shore. Toa- Icum. ii. 136-7. '^^ Santa Anna denies this, stating that the town was on fire before he en- tered it, and that he was told by the printers that the fire was accidental. Mamfiesto 17, in Pap. Var., 182, no. 8; also in Filisola, Mem. Ouerra Tej-, ii. 458. But Colonel Pedro Delgado in his diarjr says that Santa Anna ordered him to set fire to the place. Id., Mem. Tej., i. 84. '" Cos had been ordered to proceed with 500 men to the month of the Brazos and take possession of Velasco. Copy of despatches in Id. , i. 68-77. Santa Anna's countermanding his orders so repeatedly caused much annoy- aiice to his generals, whose suggestions or advice he would not listen to. '■^'Houston says, 'mutiny and sedition were rife in camp,' Tex. Aim., 1860, 35. 252 SANTA ANNA'S HUMILIATION. march to Harrisburg, the seat of the government, and there make a stand."' Two six-pounders having ar- rived on the 11th from Harrisburg/" Houston made preparations to cross the river. On his arrival at the Brazos, a spacious steamboat, the Yellowstone, hap- pened to be at Groce's landing, loading with cotton. This vessel he embargoed, and placing a guard on Routes of Armies. board thus secured the means of passing the river at any time without trouble. Thus at length the opera- tions were fairly commenced, and indeed had they been much longer delayed it is impossible to foresee the results that might have followed, with mutiny and insubordination openly threatened in his camp, for many of his followers now attributed his hesita- tion to incompetence, timidity, or indeed to any cause except the right one. On the 12th he began to ''^ Foote says that Houston's plan was to retire to the Sabine, and there get up an army of 5,000 Anglo-Americans. On the other hand, it was an- nounced to him by Maj. Wharton and others that the soldiers would not leave the central region of Texas to go north on any consideration whatever. Foote, ii. 2".1'2. Houston asserted in his speech before the U. S. senate that he was resolved never to pass the Trinity. Tex. Aim., 1860, 33. ^o These two small guns constituted all the artillery of the Texan's army. They were presented to the patriots by the citizens of Cincinnati, and were afterward christened the Twin Sisters. Iil., 23; Foote, ii. 2ilo-6, where wll be found copy of President Burnet's letter acknowledging the receipt of the RAPID MOVEMENTS. 253 pass the troops across, and by the 14th the whole army was placed on the other side. The next day, the companies of Moseley Baker and Wylie Martin ar- rived. Both officers were in a sullen humor, and the latter proved so refractory that Houston ordered him to march directly to the Trinity and protect the women and children in case the Indians should prove turbu- lent." The army was now put in motion, and after a march of extreme difficulty and fatigue over the boggy ground,^' arrived at Buffalo bayou, opposite Harris- burg, on the 18th, and there encamped. The ever- active scout. Deaf Smith, and other spies were sent across the bayou, and in the evening brought in two captives, one of whom proved to be the bearer of de- spatches from Filisola to Santa Anna, and others from Mexico. From these papers Houston learned for the first time that the Mexican president in person was in command of the advance division of the enemy. Houston now determined to cross the bayou, and on the morning of the 19th, after having addressed a spirit-stirring speech to the troops," in which he in- formed them that Santa Anna himself was before them, moved about two miles lower down the bayou, with three days' rations, leaving in the rear the bag- gage and sick," with a sufficient guard. The passage ^'- Tex Aim., 1860, 24. Martin died at Fort Bend coimty in 1842. At the time of his death he was a member of the Texan congress. He was born ia Georgia in 1776. Thrall's Hist. Tex., 588. ^'' ' The prairies were quagmired. The contents of the wagons had to be carried across the bogs, and the empty wagons had to be assisted in aid of the horses. No less than eight impediments in one day had to be overcome in that way.' Houston's Speech, in Tex. Aim., 1860, 24. ^'Labadie, who accompanied the army, writes thus: 'He said [that is, Houston]: "The army will cross, and we will meet the enemy. Some of us may be killed and must be killed; but soldiers, remember the iilamo ! the Alamo! the Alamo! " Maj. Somen'ille remarked; "After such a speech, but damned few will be taken prisoners — that I know. " Col Rusk then made a most eloquent speech ... in the midst of his speech he stopped suddenly, say- ing: "I have done," as if it had just occurred to him that it was a waste of words to talk to men who had been so long impatient for the very coufliot that was now about to take place.' Tex. Aim., 1859, 49. ^* Yoakum makes the extraordinary statement that 200 or 300 sick and non-efifectives were left behind, ii. i;;4. Labadie, who surely ought to know, says, ' Phelps having been left to attend to some ten or twelve who were sick 254 SANTA AlWA'S HUMILIATION. of the main body was effected witliout misliap, but not without trouble, as the only means of crossing consisted of a boat in bad repair and a raft that had been con- structed on which to pass over the cannon and ammu- nition-wagon. The horses were made to swim across, and by nightfall the whole force had gained the other side. The army then moved down the bayou till mid- night, when the men were so utterly exhausted — some even falling down from fatigue — ^that a halt was or- dered, and the weary soldiers threw themselves on the wet ground and bivouacked without supper, exposed to a cold north wind which increased their discomfort. At daylight the march was resumed, and the indomi- table troops pressed forward without breakfast toward the junction of Buffalo bayou with the San Jacinto. After a march of two hours, the order was given to halt for breakfast, but while the hungry men were preparing it, the scouts galloped into camp and reported that the enemy was moving from New Washington toward Lynch's ferry. The march was immediately continued, and the eager soldiers hurr)-- ing onward halted, about ten o'clock on the morning of the 20th, within half a mile of the ferry, in a fine belt of timber on the elevated bank. At the ferry a new flat-boat, loaded with provisions, was captured. It had been sent by Santa Anna from New Washing- ton, and the supplies were intended for the troops with which he was going, as he thought, to take possession of Andhuac. From New Washington Santa Anna sent Captain Barragan on the 19th with a detachment of dragoons to reconnoitre the movements of Houston, and on the 20th prepared for his march to Lynch's ferry, by burn- ing the warehouse on the wharf and setting fire to the town. When everjrthing was ready for the march Captain Barragan, at eight o'clock in the morning, en- ■with the diarrhoea, the Red Land company, consisting of some 40 men, also remaining to guard the camp,' Tex. Aim., 1859, 49. A WILD GENERAL. 253 tered camp at full speed reporting that Houston was close on the rear and had captured some of the stragglers. A scene of confusion ensued which de- fies adequate description. The excitement of the Mexican general amounted to frenzy; and his con- duct, utterly lacking in that calmness and dignity essential to a successful commander on occasions of emergency, had a terrifying effect upon his troops. The exit from New Washington was by a narrow lane, a mere mule-track, through a dense wood, and the troops and pack animals were already filing along it toward the open prairie beyond. Mounting his horse, Santa Anna rushed down this lane crowded with men and animals, wildly gesticulating and scream- ing out, at the top of his voice, that the enemy was at hand. The disorder was terrible. By knocking down and riding over his men like a madman, the commander succeeded in forcing his way through to the prairie, where in spite of the trepidation he had caused and his contradictory orders, a column of attack was formed." But no enemy was in sight, and the army in some proper array moved forward toward LjTich's ferry. About two o'clock in the afternoon Houston's pickets were descried, and some firing took place between them and the Mexican skirmishers. When Santa Anna arrived on the ground with the main body, his first intention was to attack at once, and a column of infantry was directed against the enemy ; but being received with a discharge of grape, while the Texans kept themselves well concealed in the wood, it was withdrawn. The Mexican general had occupied an island of timber on a small elevation in front of Houston's right; he now deployed the Toluca company as skirmishers, with the object of discovering the position of the Texans, and opened fire with his cannon. This demonstration was re- '^Col Delgado'a Diary, in FiUsola, Mem. Tej., i. 84r-6. Translation of the same in Tlie Battle of San Jacinio viewed from both an American and Mexican standpoint. Its Details and Incidents as officially reported hy Major-Oeneral Ham. Houston. Austin, Texas, 1878; also in Linn's Seminis., 225^6. 256 SANTA ANNA'S HUMILIATION. sponded to by tlie enemy's artillery — Captain Urrizia being severely wounded — and an interchange of small arms occasionally took place. The artUlery continued to fire for some time, and Colonel Neill, on the Texan side, was wounded by a grape shot. Just before sun- set a demonstration was made by the Texan cavalry, under Colonel Sherman, against the Mexican left, whereupon Santa Anna ordered his own cavalry to face the enemy without gaining ground. The Texans charged upon the dragoons and came to close quart- ers, but were compelled to retire, before much harm was done,''" by the advance of several companies of Plajj of Battle-field. Mexican infantry. This skirmish closed the opera- tions of the day. Meantime Santa Anna had selected his ground and encamped with his whole force along the margin of San Jacinto bay, his right flank occu- pying the extreme point of a skirt of timber." The ^^ The Texans had two men severely wounded, one of whom died a. few days afterward. Tex. Aim., 1860, 64. Santa Anna says that one dragoon on his side was grievously wounded. Manijiesto, 64^5. 5' The disposition of Santa Anna's force was as follows: three chosen companies guarded tlie wood on his right; the Matamoros battalion of regu- lars occupied the centre; and on his left was planted the cannon, protected A SLEEPY ARMY. 257 two armies were about three-quarters of a mile apart. At daybreak on the 21st, Santa Anna caused a breastwork, about five feet high, to be thrown up on his left, constructed of pack-saddles, baggage, sacks of hard bread, etc., and having an opening in the centre in which was placed the gun. A weak barri- cade of branches extended along its front and to the right. At nine o'clock, a. m., General Cos arrived with 400 men of his reenforcement, and as they had been marching all night they were ordered to stack their arms, divest themselves of their accoutrements, and take their rest in the adjoining grove. *° Santa Anna seems to have had no intention of fighting that day, though in his representation to the Mexican government he would have it appear otherwise.'' Be his intention what it might, the hours dragged on ; morning was succeeded by afternoon, and evening approached. Most of the soldiers were sleeping ; some few were eating ; while others were scattered in the wood procuring boughs wherewith to construct a shelter for the night. The cavalry-men were riding bare-back to and fro as they watered their horses, and an indifferent watch was kept by the drowsy piquets. His excellency, fatigued with his morning ride and excitement, slumbered in his tent. His staff, too, was fast asleep. While the doomed army was thus unsuspicious of danger, the trap was being set by the enemy. Hous- ton still displayed what seemed to his impatient troops "by the cavalry and a column of picked companies, which also fonued his reserve. Scmta Anna, Mamif., 65, in Pap. Var., 182, no. 8. '^ Santa Anna, in his account of the campaign, addressed from Manga de CJlavo, March 11, 1837, to the Mexican minister of war, states that Cos informed him that he had marched so rapidly that the men had neither eaten por slept for 24 hours. He also states that only 400 men arrived with Cos, because 100 men had been left with some baggage at a bad crossing near Harrisburg. Tb. Delgado says about 500 men arrived in camp. Filisola, Mem. Tej., i. 90. Oaro does not believe 100 men were left behind. Verdad. Idea, 38, but there is no doubt that Santa Anna's statement is correct as it is cor- roborated by Filisola. Mem. Chierra, Tej., \i. 473, and Mem. Tej., i. 120. ''See the dispositions made by him. Id., 65-6. Hist. Mex. States, Vol. II. IT 258 SAI-7TA ANNA'S HUMILIATION. an unnecessary delay in commencing hostilities, and about noon a council of war was held," at which colo- nels Burleson and Sherman, lieutenant-colonels Mil- lard, Somerville, and Bennett, Major Wells, and Rusk, the secretary of war, were present. The question put to the council was, "Whether they should attack the enemy in his position, or await his attack in theirs." The two last named officers were in favor of attacking ; the four seniors and Rusk voted in favor of receiving the attack, since they deemed their situation admirably adapted for defence, whereas to charge across an open prairie with raw militia, without bayonets, and assault an enemy in position would be a most hazardous ex- periment. The council was then dismissed, no opinion having been expressed by Houston. It is much to be regretted that many bitter contro- versies arose in after years relative to Houston's method of conducting this campaign, and that so much ani- mosity should have been displayed between men who, apart from their unfiiendly feelings toward each other, bore a noble part in this desperate struggle for inde- pendence with a vastly superior power. The state- ments of the opposing parties are so utterly at variance and so thoroughly contradictory that it is impossible to arrive, with any degree of certainty, at a decision which could be claimed as unquestionably correct.*' I shall therefore confine myself to the narration of facts, without entering into a discussion as to the mer- its of the claims set up by either part}', especially as they unhappily merged in personal enmity, recrimina- tions, and abuse. I cannot, however, refrain from making a few remarks bearing upon the difficult posi- ■"> ' The commander-in-chief was waited on by several of the officers, sug- gesting a council of war.' Yoakum ii., 140; Tex. Aim., 1860, 65; Houston, in Id., 25-6. *' One of the most grievous charges against Houston was that he allowed Sherman to make the cavalry charge in the evening of the 20th under the promise that he should be supported by infantry, wliich support was not given. Houston maintained that Sherman disobeyed orders in engaging with the enemy, as he had been strictly enjoined only to reconnoitre, and by no means to approach within gunshot of the enemy's line. Id., 25, 27, 64; Id., 1859, 52-3; Poote, ii. 298-305. See Yoakum's remarks on this afife,ir, ii. 139-40. AT VnsrCE'S BRIoaE. 259 tion in wMcli the commander-in-chief stood with regard to his army. After his departure from the Colorado, Houston's plan, though entailing great self- sacrifice on the part of the settlers, seems to have been the only one on which he could securely rely for ulti- mate success. His object appears to have been to retreat to the Redlands, luring the foe after him away from supplies ; then, when the families of the Te:;!:ans had been placed in safety beyond the Sabine, he doubted not that he would be able to raise from 4,000 to 5,000 men burning to avenge their sufferings and losses. With such a force, he could have annihilated the Mexican army. But Houston was a man who kept his own counsel, and the impetuous and angry men under him, not penetrating his designs, and little practised in subordination, attributed his retreat to fear of the enemy, and were not slow to express their opinion. When the brave but unruly nature of those with whom the general had to deal is taken into con- sideration, and when it is borne in mind that from the beginning to the end of his retreat he met with ever- increasing opposition, murmurings, and dissatisfaction, giving place to contemptuous language uttered within his hearing, and mutinous proceedings, we cannot fail to admire the nerve and courage of the man who, in the face of such opposition, persevered in the plan which he deemed most conducive to the success of his adopted country. Soon after the council was dismissed, Houston de- spatched Deaf Smith with some others to destro}'^ Vince's bridge, about eight miles oflp,*" the accomplish- *'^ This bridge wag built over a creek of the same name wluch crossed the road to Harrisbiirg, the only way by land to the Brazos. By its destruction Santa Anna was cut oflf from the rest of his forces. The demolition of this bridge was another subject of controversy, it being claimed that the idea of destroying it originated in Deaf Smith, who made the proposition to Houston, while the latter maintained that such was not the case. It is a matter of no material importance. The bridge was destroyed, and by Houston's orders, whether prompted by Smith or not. But the general-in-chief was accused by his opponents of appropriating to himself all the glory of San Jacinto, and no charge, however trivial, was omitted to be brought to bear against him. The accounts also of the destruction of the bridge are various and con- 260 SANTA ANNA'S HUMILIATION. ment of which would prevent the arrival of additional reenforcements and cut off all means of escape for Santa Anna in case of his defeat. When he deemed sufficient time had elapsed for the destruction of the bridge, Houston caused the general opinion of the captains of the different regiments to be taken on the question of engaging with the enemy at once, or just before daybreak on the 22d. The votes were greatly in favor of immediate attack, and the com- mander-in-chief thereupon gave the order to parade and prepare for action." Under cover of the islands of timber in front the battle array was formed unseen by the enemy. Col- onel Burleson with the 1st regiment of Texas volun- teers occupied the centre ; the 2d regiment of volun- teers, under Colonel Sherman, formed the left wing ; on the right was placed the artillery, sustained bj' four companies of regular infantry under Lieutenant- colonel Henry Millard. The line was completed by the cavalry which was posted on the extreme right. There was no noise, but along the ranks a low whis- pering might be heard, and a keen listener might have caught the word. Alamo ! On each man's counte- nance stern determination was depicted under various expressions. Some were pale ; others were smiling in tradictory. Some say it was burned; Houston asserts that it was cut down; Labadie states that Deaf Smith told him that he first fixed it, but it would not burn; he then cut away a few timbers and made it fall into the bayou. There is, however, conclusive evidence that it was burned. Santa Anna, speaking of his arrival at the creek, says, ' cuyo puente en contre quemado. ' Manijiesto, vt sup., 67. Houston says that two men — Deaf Smith and his comrade, Reeves — were secretly despatched to accomplish the work; Foote states that there were four men. Smith, Carnes, Lapham, and another; Aylsbury, who claimed to be one of the party, asserts that seven men, in- cluding Smith arid himself, were employed; the names of the others were Denmore Rives — or Reeves — John Coker, E. R. Rainwater, John Garner, and Moses Lapham. Id., ii. 141; Foote, ii. 305-6; Tex. Aim., 1859, 53; Id., 1860, 26, 65-6; Id., 1861, 55-8, 65; Balcer's Tex., 98-101; Thrall's Hist. Tex., 265. *'Capt. R. J. Calder, referring to Gen. Houston's reluctance to fight, writes thus: ' I think he wished, in case of failure or disaster, an apology, to wit, that he fought against his own judgment, and suffered himself to be controlled by the opinions and clamor of his officers and men. ' The same officer did not believe that Houston felt a positive reluctance to fight. Tex. Aim., 1861, 66. THE TEXAN S VICTORIOUS. 261 anticipation of revenge ; but deep in the eyes of all was a tigerish glare which occasionally flashed out from beneath their brows. They were self-restrained, however, and only waited for the word. It was about 4 o'clock in the afternoon when the command was given to advance The Texans moved silently forward through the timber in double file, and pushed rapidly on across the prairie toward the foe. When within 300 yards of the enemy's camp the Mexicans opened fire, and the pace was increased to double quick; but not a shot was fired by the Texans till they were within point-blank range. Then, with a deafening shout of Remember the Alamo I striking terror into the hearts of their foes," they poured in their volley, and rushed to the charge. Sherman's regiment, which had advanced under cover of the island of timber on the Texan left front, was the first to break into the Mexican camp; Burleson's com- mand almost immediately afterward pierced the cen- tre. The cavalry had been first advanced in front of the enemy's left to draw off attention, and the Twin Sisters had been run rapidly forward to within 200 yards of the breastwork in the same part of the field, and had opened fire upon it. No more complete surprise could have been effected. The conflict even at the breastwork lasted only a few moments. In the short hand-to-hand contest en- gaged in, the Texans clubbed their rifles, and the Mexican bayonet proved a useless weapon against the superior strength and fierce valor of their antago- nists." In less than twenty minutes after the Texans "Writes Capt. Calder; 'I am by no means certain that our shot was more effective in creating confusion and panic in the ranks of the enemy than this tremendous yell, preceded, as it had been, by almost perfect silence, and a steady advance under their fire. ' ** ' Our riflemen used their pieces as war-clubs breaking many of them off at the breech. ' Houston's Official Beport of the Battk of San Jacinto. This report was filed in the records of the repuljlio of Texas, and was probably destroyed by the fire that consumed the adjutant-general's office in October, iSaS. A correct copy, however, was fortunately preserved, for in the same year in which the battle was fought the document was published in pamph- let form at the Bulletin office in New Orleans. The publication was doubtless 262 SANTA ANNA'S HUMILIATION. burst into tlie camp, carrying terror in their battle- front, the trained soldiers of Mexico were in head- long flight, a panic-stricken herd. In vain the brave Castrillon endeavored to restore order ; he could not stay the tide of fleeing men. His gallantry cost hiin his life ; while slowly retiring he was struck by sev- eral rifle balls and fell." And now followed the pur- suit which was continued to the site of Vince's bridge. The Texans spared not, and the carnage did not cease till night interfered." At a small creek, not wide but deep, in the rear of the Mexican right and be- hind the timber belt, the slaughter was terrible, while numbers of the fugitives were drowned in their efforts to cross it. At the close of day Almonte, who by his coolness and intrepidity had succeeded in keep- ing together a column of some 400 or 500 strong, and was retreating beyond the morass in the rear of the Mexican camp, formally surrendered. Santa Anna and Cos escaped for the time. In this engagement the aggregate force of the Texans was 783 men, that of the Mexicans, accord- ing to Houston's report of killed, wounded, and miss- ing was double that number. " The figures representing made in deference to the request of General Houston, Trho urged it * as an act of justice to the individuals ' who participated in the engagement. The above information was supplied by V. O. King of the department of Insur- ance, Statistics, and History, in 1878, in which year a copy of it was pub- lished at Austin, Texas. Linn's Jiemims., 223. Besides this copy which bears the title of The BaitleofSan Jadnto Viewed Jrom an American and Mexican Standpoint, copies are supplied in Linn, ut sup., 203-9; Yoahim, ii. 498-502; Kennedy, ii. 222-7, besides other authors. ^Castrillon was a European Spaniard. At San Jacinto he displayed singular coolness and bravery. Rusk writes: 'Gen. Castrillon was standing on the ammunition boxes behind the piece exposed from head to foot. He used every effort to keep his men to the gun; when he found that to be impossible, he folded his arms, stood and looked sullenly, and without moving, upon our troops . . . He was about fifty yards in the rear of his re- treating men when he turned round deliberately and walked slowly off. He had proceeded some thirty or forty steps when he was shot and felL I examined him, after the battle, and found that several rifle balls had passed directly through his body.' Foote, ii. 309. " See Taylor's description of the merciless slaughter of the Mexicans during the pursuit, in Tex. Aim., 1868, 43^. ** According to statements of Santa Anna and his officers his force could barely have amounted to 1,300 men. Col Delgado says that his excel- lency started for Harrisburg from the Brazos with about 600 men. Dim-if, ut sttp., 3], and Filisola, Man. Tej., i. 82, "where this author remark i tliat there RESULT OF THE BATTLE. 263 the enemy's loss given by the Texan commander are : 630 killed, 208 wounded, and 730 prisoners, showing a total of 1 568 men accounted for." A large quantity of arms, several hundred mules and horses, all the baggage and camp equipage, and the military chest, containing $12,000, fell into the hands of the victors. The loss of the Texans was 6 killed on the field and 25 wounded, two of whom died.'" Among the wounded was General Houston, who, while gallantry encouraging his men to the attack, received a shot in the ankle, in front of the infantry, and when within a few yards of the enemy, his horse also being shot in two or three places. He did not, however, leave the field till the Mexicans were routed and in full flight. Meantime Santa Anna, who had been one of the first to flee, made every effort to save himself Mounted on a splendid charger supplied him in the confusion by Colonel Juan Bringas, he fled at full speed toward Vince's bridge, hotly pursued by the Texan cavalry. Finding the bridge destroyed, he did not pause, but plunged down the steep descent into the water, where his horse stuck fast in the mud. Nevertheless, fa- vored by the approaching night, he managed to con- were more than 800, a statement somewhat contradictory to that made in his Bepreseniackm, 13, where he says that Santa Anna, ia his impatience, marched to Harrishurg with a little over 700 men and a six-pounder cannon. Santa Anna himself states that his original force consisted of 700 infantry and 50 calvary. Manifiesto, 63. Assuming the largest number, over 800 men, these added to the 500 men brought up by Cos only make a total of some- thing over 1300, men. *" Among the Mexican slain were Gen. Castrillon, cols Batres, Peralta Treviflo, Jose M. Romero, and lieutenant-colonels Manuel Aguirre and Luehno, besides 5 captains and 12 lieutenants. Houston's Seport, tit sup., 9; Caro, Verdad. Idea, 43. Yoakum, ii. 146, gives the names of^ Col Mora and Lieut-col Castillon. Among the prisoners, besides Santa Anna and Cos, captured later, were colonels Almonte, Bringas, Cespedes, Portilla, and De^ado. *The names of the killed are: William Motley, aid-de-camp to the sec- retary of war; 1st lieut J. C. Hale, 2d lieut Lamb, and Ist sergt Thomas P. Fowl, 2d regiment Texas volunteers; privates Lemuel Blakely, J. Tom, B. R. Brigham, and A. R. Stevens of the Ist named regiment. Olwyn J. Trask of the cavalry, wounded on the 20th, died a few days afterward. Official return in ^ottfeo/iSaraJ'adnto, 11, 12, and in Tex. Aim., 1859, 160-1, in both of which authorities will be found a nominal list of all the men en- gaged in the battle. Yoakum, ii. 146, supplies a list of killed differing some- what from the above. 264 SANTA ANNA'S HUMILIATION. ceal himself, crossed the creek later and continued his way on foot. In an abandoned house he found some clothes, and doffing his uniform, assumed the garb of a soldier. Clad in a blue cotton jacket and linen trowsers, with a leather cap and red worsted slippers," he sought to hide his identity, and crawled away through the grass and mud in the direction of the Brazos. But on the following morning, detach- ments of horsemen were sent out to scour the country, and by one of these a mud-bespattered abject-looking creature was seen standing on the bank of a ravine. The object was brought into camp, and its iden- tity recognized by the ejaculations of the other captives, who uttered the words, Santa Anna, and El presidente." He was conducted to headquarters, and the Mexican dictator, and the director of the massa- cres at the Alamo and Goliad stood in the presence of his victor, who motioned him to a seat. His trepidation was great, for his life, he knew, was in imminent danger. Yet he retained his presence of mind, and having swallowed some opium that Avas given to him at his request, somewhat regained his composure. There was not much dignity about the man as he sat on a box, with bowed head, in front of Houston ; he was ready to sell his country if only he could get back to his hacienda of Manga de Clavo, and he proposed to negotiate for his liberation. In his defence, he laid his late murderous proceedings to the charge of the congress; he had only acted, he said, in accordance with the congressional decree, and did not consider himself responsible for the weight of punishment inflicted on those who were classified therein as pirates. In reply to Santa Anna's propo- sition to negotiate, Houston informed him that he had no power to act in a matter of that nature, and that '•''^ Ddgado's Dkm-y, vtmp., 38; Santa Anna, Man!/., 67. *^The namea of the party which captured Santa Aima were Joel N. Rob- inson, Miles, Sylvester, Thompson, and Vermilion. There was another man whose name is forgotten. Tex. Aim., 1859, 166; Id., 1868, 43-5. FILISOLA'S MOVEMENTS. 265 it must be referred to the civil government. Tlie captive was no Regulus ready to die for his country, no self-sacrificing Morelos, and to secure his personal safety for the present, he eagerly entered into an ar- mistice, or convention, with the Texan general, by which he was not ashamed to agree that the Mexican forces should retire pending negotiations with the government. That same day he sent despatches to Filisola, ordering laim to withdraw to Bejar, and to instruct Gaona to retire to the same place and Urrea with his division to Victoria. Filisola was further- more instructed to cause the prisoners at Goliad to be set at liberty, and to provide that no damage should be done to the property of the inhabitants during the retreat. ^^ On the 24th General Cos was brought prisoner into camp, having been captured within a short distance of the woods on the bottom-lands of the Brazos." Filisola received news of the disaster about three o'clock in the afternoon of the 2 2d. He had already been joined by Gaona, and a large portion of this gen- eral's troops had been put across the Brazos, prepara- tory to marching against Nacogdoches ; but when the fatal tidings arrived, Filisola immediately gave orders that they should be brought back to the right bank of the river, and despatched couriers to General Ur- rea at Brazoria and Lieutenant-colonel Jose Mariano de Salas at Columbia, ordering them to join him at Old Fort with all their forces as speedily as possible.'* *^ Copy of these despatches in his Mamfiesto, 87-8. A son of Lorenzo de Zavala acted as interpreter at the interview betsveen Houston and Santa Anna. Jd., 71. ** Santa Anna, in his despatch to Filisola, called the agreement he made with Houston an ' armistice, ' but the capture of Cos on the 24th, Col Romero on the 25th, and Lieut-col Gonzalez on the 26th, proves that Houston had entered into no such truce, and that Santa Anna ordered the withdrawal of his troops merely through fear for his life, and obtained no conditions bear- ing upon the operations of the Texan army. See Caro, Verdad. Idea, 44-5. ^The despatch addressed to Urrea bears date of April 23, 1836, 3 p. m., which is a clerical error. It should be April 22, 1836. Urrea points out this mistake, and states that he received the despatch between 9 and 10 A. M. 26G SANTA ANNA'S HUMILIATION. As the magnitude of the catastrophe was impressed upon his mind by the reports brought by the few who escaped from San Jacinto, and who variously esti- mated the enemy's strength at from 1,200 to 2,000 men — numbers which he did not consider impossible if the Texans had concentrated — he deemed it prudent to retreat at once to a better military position, and on the 23d marched with his whole force to Mrs Powell's place, on the road to Victoria, about fifteen miles from Old Fort. On the following day he was joined by Urrea, and on the 25th a council of war was held by the generals. Considering the destitute condition of the army, both with regard to provisions and clothing — for the long march had exhausted the supplies, and the clothing of the soldiers was worn out — it was unanimously decided to retreat beyond the Colorado and await instructions and assistance from the gov- ernment.'"' Filisola's whole force on this date was 2,573 men of all arms, according to the tabular state- ment in his representation to the government in de- fence of his action." On the 26th, the army commenced its retreat, and ia the afternoon of the 27th, Deaf Smith arrived with Santa Anna's despatches,** the army being then en- camped on the main source of the San Bernardo, which was rendered impassable by the heavy rains. The generals immediately met in council, and thougjh of the 23d. Diano, Camp. Tej., 28, ia whioh will be found copy of the de- spatches on p. 64-5, as also in FiUsoJa, Mmi. Tej., i. 118-19. '^ Urrea states that he was opposed to this decision, but had to submit to thegeneral-in-chief. Diario,3l. Klisola repudiates this assertion. jRepresetit. , 34-5. FiUsola wished to resign the command to Sesma, Tolsa, or Urrea, each of whom declined to accept it. Particulars in Id., Mem. Tej., i. 176-209. S'/d., 36. There were, besides, 1505 men stationed in detachments at different places, 1,001 of whom were at Bejar, 174 at Goliad, and 189 at Matagorda. *8 Yoakum — ii. 163 — following Filisola, says that Smith arrived on the 28th. But Filisola misdated his despatch to Santa Anna; Urrea dates a note, on the same occasion, April 27th, and corrects a mistake made by Filisola as to the day on which the army encamped on the San Bernardo, where Smith overtook the army. Diario, 31-2; FiUsola, Represent. , 45-6. Moreover, in /(/., jl/em. Tej., i. 215-16, it is, distinctly stated that Santa Anna'3 despatches ar'- rived on April 27th. THE RETREAT. 267 the retreat had already been decided upon, it was re- solved that it would be good policy to send a reply to the effect that the army was retiring in obedience to Santa Anna's orders, thereby not only obtaining for him and the other prisoners considerate treatment, but a safeguard against attack during the retreat. It was also decided to send General WoU to Houston's camp, who, under the pretence of informing himself of the particulars of the armistice, was to take careful note of the number, armament, and resources of the enemy. Accordingly, a despatch to that effect was written, and WoU left for the San Jacinto on the foUowins" morning. ' On his arrival at the Texan camp, he was allowed free intercourse with the prisoners, but was detained as a prisoner pending the negotiations, and in consideration of the fact that the enemy's forces were known to have concentrated. The army continued its retrograde movement ; and seldom has a retreat been conducted under greater hardships and difficulties. All the streams overflowed their banks and flooded the adjacent lands, while the whole country was converted into a swamp. The roads, where not inundated, were knee-deep in mud. On one occasion the half-famished soldiers waded a whole day's march through water, after standing all night in water;" and when this was passed, floun- dered through the mire, day after day, in pitiless rain- storms. The pack-mules sank up to the belly in mud, and the ammunition wagons were mired above the axles. All along the line of march to the Colorado baggage, wagons, cannon, and animals were aban- doned. Filisola describes the situation as horrible. The men were half naked, their arms of all kinds were ruined, the ammunition was spoiled, and the horses and mules in the most wretched plight, numbers of ^'Pull particulars and copy of the despatch will be found in Id., i. 218-24; Urrea, Diario, 33-3. " ' El ejercito paso la noche en una laguna sin tener donde sentar un pie que no f uere agufi. ' Filisola, Hepresent. , 50. 268 SANTA AKSA'S HUMILIATION. them perishing. Finding it impossible to retreat to Bdjar, on the 28th Urrea was sent in advance, with- out incumbrances, to secure the Atascosito crossing of the Colorado on the road to Victoria, and construct rafts for the passage of the army. He arrived there on the evening of the 29th but it was not tUl May 9th that the last division under Lieutenant-Colonel Ampudia crossed the river. Thenceforward the dif- ficulties of the march were somewhat modified, and on May 13th the storm-beaten troops, exhausted with fatigue and gaunt with hunger, entered Victoria." On April 26th the Texan government, then assem- bled at Galveston, addressed an order to Houston in- structing him, in case he deemed it inexpedient to risk an engagement with the enemy and considered a retreat inevitable, to march for Galveston. But the great victory had been already won, and on the 27th the joyful tidings were received by the government, °' together with a request from Rusk that President Burnet would repair to the camp at San Jacinto. Accordingly Burnet, with his cabinet, proceeded thither, arriving about the 1st of May.^^ He was made acquainted with the convention entered into by Houston and Santa Anna, and found the latter in a very pliable mood — quite ready to purchase his life at his country's expense. His position, certainly, was not an enviable one. The army was clamorous for his execution as a retaliatory act of justice ; but though some turbulence of spirit was displayed, no violence was resorted to, and the captive wastreated by Houston with all proper consideration. That commander knew well that his humbled jDrisoner was a great power in the land of his birth, and that as *'A full account of thia retreat will be found in FiUsola, Mem. TeJ., i., 225-56; Id., Represent., 46-56. Consult also Uii-ea, Diai-io, 34^6. "^ Burnet states that the news was not received earlier on account of the inclemency of the weather. Tex. Aim., 1861, 32. ^ Caro states that Burnet arrived April 27tli, Venhul. Idea, 48. The date in the text is that given by Burnet. Tex. Aim., 1861, 33. TERMS OF TREATY. 269 long as his life was spared, peace was guaranteed to Texas. The preliminaries to a treaty — ^the sine qu4 non of which was to be the absolute independence of Texas — were discussed in the camp at San Jacinto. Rusk, the secretary of war, drew up a protocol which served as a basis of the treaties subsequently signed. Gen. Houston's wound having incapacitated him for active service, Rusk was appointed to the command of the army with the rank of brigadier, his predecessor pro- ceeding to New Orleans on the schooner Flora, sail- ing from Galveston. He arrived at his destination May 28th. In a few days the government," with San Anna and most of the Mexican officers, em- barked on the steamer Yellowstone,^^ and went to Galveston, whence, for want of accomodation, they removed to Velasco. Here on May 14, 1836, two treaties — one public and the other secret — were signed, by the first of which Santa Anna agreed not to take up arms or use his influence to cause them to be taken up against the people of Texas during the present war of independence; all hostilities on land and water were to cease ; the Mexican troops were to evacuate the territory of Texas ; no property was to be taken by the retreating army without indemnifica- tion, and captured private property was to be restored ; the Mexican army was to prosecute its march without delay ; the agreement was to be immediately sent to ^ Some changes in the members of the administration took place at this time. Samuel P. Carson, the secretary of state, had retired on account of delicate health, and was succeeded by James Collingsworth, and Peter W. Grayson accepted the office of attorney -general, which had become vacant by the death of David Thomas. Ool M. B. Lamar was appointed secretary of war, in the place of Rusk. Burnet's address published in the Teletjraph and Texas Register, Sept. 13, 1836; extract in Tex. Aim., 1861, 33-4. The attor- ney-general, Thomas, had been wounded in the leg by the accidental dis- charge of a pistol on board the Cayuga, on the removal of the government to Galveston, and died three days after. lAnn's Reminis. 261. ** After Houston's departure -from the Brazos, the TeUowstone steamed down the river. As she passed the Mexican lines at Fort Bard, her smoke- stack was riddled with bullets, and attempts were made to capture her with lassoes. Her helmsmen being protected by cotton-bales, she ran the gaunt- let in safety and went to Gralveston. Id., 26; Green's Journal. Exped. Mier, 93. 270 SANTA ANNA'S HUMILIATIOX. Generals Filisola and Rusk, that they might exchange engagements to comply with the stipulations ; pris- oners were to be mutually released in corresponding numbers, rank and file ; the excess of Mexican cap- tives to be treated with humanity ; and finally Santa Anna was to be sent to Vera Cruz as soon as it should be deemed proper. In the secret treaty the same stipulations were re- iterated, and in the third article Santa Anna solemnly pledged himself so to prepare matters in the cabinet of Mexico that the mission that would be sent thither by the government of Texas, should be well received, and that by means of negotiations all differences might be settled, and the independence that had been declared by the convention might be acknowledged. The fourth article provided that a treaty of comity, amity, and limits should be established between Mexico and Texas, the territory of the latter not to extend bej^ond the Rio Grande.'" Colonel Benjamin F. Smith and Captain Henry Teal were sent as conraiissioners to Filisola with the public treaty and full authority to ratify it on the part of General Rusk. The Mexican army had moved from Victoria to Goliad, and thence continued its retreat toward Matamoros. The Texan commis- sioners overtook Filisola at the little stream called Mugerero, between Goliad and San Patricio, and on its bank the treaty was ratified. May 26, 1836, Gen. Tolsa and Colonel Amat acting as commissioners on the part of Filisola."' These treaties were not made without opposition in the cabinet. Robert Potter, secretary of the nav}', ""The secret treaty contaiumg these pledges was made at the suggestion of Santa Anna, who represented that it would be prudent that the stipula- tions relating to the recognition of the independence of Texas and her boundaries should not be promulgated until the Mexican president should be enabled to reinstate himself in power and secure its final ratification. Tex. Aim., 1861, 34. Copies of the treaties will be found in Id., 35-7; ToaJcum, ii. 52&-8; Maillard's Tex., 112-4; Niks' Beg., 1. 413-4; Id., icfe. 98; Saraa Anna, Biog., 29-32; Filisola, Represent., 68-70; Biistamante, Mem. Hist. Mex., MS., vi. 36-8. Democratic Revieuo, iii. 316-7. •" Copy of the Mexican ratification in Filisola, Represent., 70-1. TEXAN NAVY. 271 and Mirabeau B. Lamar, secretary of war, were strongly opposed to entering into any negotiations with Santa Anna, who, they considered, had forfeited his life. On May 12th Lamar addressed a long letter to the president and cabinet in which he expressed his views on the subject of the disposition of the Mexican president and the other prisoners of war. He repudiated the idea that Santa Anna, if released, would ever adhere to any engagement he pledged himself to ; indeed, he did not believe that he would have the power to do so, and he suggested that an exchange of prisoners should be made, according to rank and number, and that the balance of Mexican captives should remain in custody of the government till the conclusion of the war. But in the case of Santa Anna, he urged that no mercy should be ex- tended to him, but that his punishment should be read from the code of Draco."* When milder meas- ures, however, were finallj' adopted. General Lamar acquiesced in them, and was one of the most zealous vindicators of his colleagues in the cabinet, when they were shortly afterwards bitterly assailed by popular clamor on the subject of Santa Anna's re- lease. It is time that the reader should be made ac- quainted with some particulars in connection with the Texan navy and its operations. Early in the year, for the purpose of carrying out the ordinance for the estab- lishment of a navy, two schooners, the Invincible and Idberty,^^ were purchased and equipped by McKinney and Williams, merchants of Quintana, opposite Velasco. Captain J. Brown was placed in command of the former and Captain William. Brown of the ""Copy in Foote, ii. 321-32. *"The Liberty was the same vessel which had been fitted out by the citi- zens of Matagorda and retook the stranded Hannah Elizabeth, captured by the Mexican war vessel Bravo, in Nov. or beginning of Dec, 1835. She then sailed under the name of William Rohbins. Xoahim, ii. 39; Tex. Ahn., 1860, 162; Linn's Remims., 259. 272 SANTA ANNA'S HUMILIATION. latter. The Invincihle, of 125 tons burden, carried eight guns and was a fast sailer ; the Liberty, of sixty tons burden, had four guns, was of stout construction and of ordinary speed. Two other vessels, the Brutus, Captain Hurd, about 130 tons and carrying eight guns, and the Independence, Captain Hawkins, of nearly the same size and metal, were purchased about the same time. These vessels were of great service in cutting off supplies for the enemy. Off the coast were the Mexican war vessels Montezuma and Bravo, charged with the importation of troops and supplies for the invading army. Early in April 1836, the In- vincible fell in with the Montezuma off Brazos, San- tiago, north of the mouth of the Rio Grande, and after an engagement of two hours crippled her and drove her ashore. The Invincible only sustained some injury to her rigging, which was soon repaired. Standing out from shore. Captain Brown fell in with the American brig Pocket, bound from New Orleans to Matamoros, and loaded with provisions for the Mexican forces. She was captured and brought into Galveston as a prize ; her freight was of great assist- ance to the victors of San Jacinto who, with the large number of prisoners on their hands, were reduced to some straits for provisions. General Rusk, with 350 men, had proceeded from San Jacinto in the direction of the retreating Mexi- cans, not with hostile intention, but with the object of observing whether the terms of the armistice were strictly carried out. Toward the close of May he was stationed at Victoria ; and when the army re- ceived intelligence of the treaties which had been made, and that under its provisions Santa Anna would obtain his liberty, great indignation prevailed. The retreating Mexicans had not adhered to the strict letter of the public treaty, but had committed several acts of violence, and it was confidently believed that preparations were being made for the re-invasion of DISSATISFACTION WITH THE GOVERNMENT. 273 Texas, which, would be carried into effect as soon as it was known that Santa Anna had been released. On May 26th a letter signed by nearly all the officers of the Texan army, was addressed to President Bur- net, in which, after setting forth the privations of the army and the want of provisions, charging the presi- dent with neglect in this matter, expressing the ex- asperation of the troops and peremptorily demanding to be immediately furnished with a sufficiency of sup- plies and clothing, they insisted that Santa Anna " be safely secured and placed at the disposition of the coming congress." '° This letter was received in the afternoon of June 4th. In fulfilment of their engagements, the Texan au- thorities on June 1st placed the dictator and his suite, consisting of Colonel Almonte, Colonel Nunez, and his Secretary, Ramon Martinez Caro, on board the Invincible for their transportation to Vera Cruz^ Vice-president Zavala and Bailey Hardiman, secre- tary of the treasury, had been appointed commission- ers to accompany Santa Anna to Mexico, and as some time was spent in furnishing them with instruc- tions and in preparing for their voyage, the vessel had not yet sailed on the 3d. On June 1st the steamer Ocean had arrived from New Orleans with 230 volunteers," many of them of the roughest and lowest class to be found in that city. Generals Men- nican Hunt, Thomas J. Green, and Colonel J. Pinck- ney Henderson were in command. The feelings of the citizens of Velasco with regard to Santa Anna's release, were those of intense dissatisfaction, but no violent demonstration had been made. When, how- ever, the New Orleans volunteers landed and became informed of the action taken by the government, their exasperation knew no bounds. Public meetings were " Yoakum, ii. 172-3; Foote, ii. 332-4. Copy of the letter and Burnet's reply in Tex. Aim., 1861, 39-42. "Both Santa Anna and Caro give 130 as the number. Verdad, Idea, 56, 102; Santa Anna, Mamf., 75. The figures in the text are those given by Gen. Green. Jom-nal, Mscped. Mier, 484. Hist. Mex. States, Vol. II. 18 274 SANTA ANNA'S HUMILIATION. held and inflammatory speeches made. The more violent threatened to put Burnet to death as a traitor, and tear Santa Anna to pieces. In the popular fury the executive was charged with treason and venality. He had accepted a large bribe, it was said, for the release of the Mexican murderer. The clamor was overwhelming, and it was seriously proposed at a cabinet council to make a simultaneous surrender of the government to the people. Burnet, however, was opposed to the adoption of such an extreme measure, and consulted General Thomas J. Green, who, while pledging his honor to shield the president and his cabinet from violence, expressed his opinion that the overwhelming will of the public should be obeyed, and Santa Anna remained on shore. Ac- cordingly the president issued an order to Captain Brown to send the prisoners ashore. Santa Anna emphatically refused to obey, and Green, Bailey Har- diman, Hunt and Henderson, were deputed to go on board the Invincible and bring him off. The dictator gave way to an agony of terror, and it was necessary to employ the threat of force, to induce him to de- bark. In the afternoon of the 4th the captives were landed, to ensure their better security from violence, at the village of Quintana, opposite Velasco, where Santa Anna regained his composure." On the 9th he addressed a protest to the government, proclaim- ing against the infraction of the treaty on the part of Texas, and appealing to the judgment of civilized na- tions. On the following day he received Burnet's re- ply, in which the Texan president, while deprecating Santa Anna's assertions of his ill-treatment as a pris- oner, felt compelled to make the humiliating confes- sion that the government, owing to " the influence of a highly excited popular indignation," had been con- strained to deviate for a season from the terms of the treaty." Thus the treaty — inadmissible under repub- ''^ Green's Journal, Meped. Mkr, 484r-7! Scmta Anna, Manif., 75, 98-100; Caro, Verdad. Idea, 56-7, 126-9; Tex. Aim., 1861, 38-43. '* Copy of protest and Burnet's answer in Foote, ii. 345-9. PROPOSED COURT-MAHTIAL. 275 lican rules of government — was broken. With the object of dismissing Santa Anna from Texan soil, I shall somewhat anticipate events. He was placed in the custody of Captain Patton, sent from Victoria to hold and guard his person, by whom he was removed to Velasco, and thence on June 1 1th to the neighborhood of Columbia, where on the 27th he was shot at through the window of the house in which he was confined, by a drunken " American." " Meantime Stephen Austin returned from the United States and on July 1st visited the " illustrious cap- tive." By his advice Santa Anna addressed a letter, dated July 4th, to Andrew Jackson, president of the United States, in which he honestly stated the events in connection with his re-confinement, and appealed to him for his interposition, on the grounds of humanitj-, expressing the wish that, by means of political nego- tiations, an end might be put to the war by the mutual recognition by the United States and Mexico of the independence of Texas." While at Yelasco, a young Spaniard named Bartolome Pages concerted a plan to eifect the escape of Santa Anna, and visited him at Columbia; but the scheme was detected.'" The effect of this discovery was that the army determined to cause Santa Anna to be conducted to headquarters and tried by court-martial. Matters had proceeded so far that a captain with his command was sent to Columbia to conduct the prisoners to Goliad, where it was intended that the execution should take place on the spot where Fannin had been put to death. Houston, cured of his wound, had meantime returned, '* ' El 27 de dicho mes, muy de manana se preaentd un Americano ebrio pregimtando por "el general Santa- Anna, " . . . repentinamente se acercd d una pequefia ventana de nuestra liabitacion, y . . . descargd el tiro de una pistola que llevaba oculta.' Caro, vi mp., 58. '* 'Entablemos mtituas relaciones para que esa nacion' — the U. S. — 'y la mexicana eatrechen la buena amistad, y puedan entrambas ocuparse amiga- blemente, en dar ser y estabilidad i. un pueblo que desea figurar en el mundo politico, y que con la proteccion de las dos naciones, alcanzar^ su objeto en pocos aflos.' Santa Anna, Mamif., 102-3. 'Tor Caro's particulars about this plot see his Verdad. Idea, B7-69. Santa Anna charges Caro with having betrayed the scheme. Mam/., 76. 276 SANTA ANNA'S HUMILIATION, and was then at Aes Bayou. When made aware of the fact he protested against proceedings alike adverse, impolitic, and oppugnant to humanity. The argu- ments employed were too sound to be resisted. Texas, by Santa Anna's execution, he said, would lose all the advantage she had gained by his capture. Her future position among the nations of the earth would be gauged by her ability to deal humanely with a captive ; by so doing she would gain respect ; by the other course of action she would become classed with savages. Policy, apart from other considerations, ought to have weight. With past experiences as a guide, the army could not fail to recognize that by taking Santa Anna's life, the Texans in captivity would be placed in the highest degree of danger. The attention of the United States being attracted to Texas, it would be disrespectful to that nation if ex- treme measures were adopted, thereby endangering the safety of Americans in Mexico. By this inter- ference on the part of Houston, Santa Aiina was not molested. He was, however, removed to Orazimbo and confined in irons." He received Andrew Jack- son's reply, dated September 4, 1836, in which the president of the United States, while disclaiming the intention of that government to interfere — inasmuch as the Mexican government had notiBed him that so long as he was a prisoner, no act would be regarded as binding by the Mexican authorities, — ^he expressed the pleasure it would give him to offer his good ser- vices, if Mexico would signify her willingness to avail herself of them. Houston, having been elected to the presidency of the Texan republic, released Santa Anna from his fetters, and being convinced that a further detention of the prisoner would not conduce to the interests of Texas, sent him with his own con- sent, accompanied by Almonte, under custody of George W. Hockley, inspector general of the army, " He states that he and Col Almonte were kept in such durance for fifty-two days. AUTHORITIES, 27.7 to Washington, the capital of the United States." Santa Anna arrived there January 17, 1837, and had several interviews with President Jackson, who re- ceived him with great consideration. On July 26th he left that city and embarked at Norfolk, on board the Pioneer, for Vera Cruz, where he arrived about the 23d of February. Thence he retired to his estate of Manga de Clavo. At the presidential election of Mexico, March 1, 1837, he was ignominiously de- feated, Bustamante being chosen by a large majority," which event was so signal a mark of his unpopularity, that he signified his design of retiring to private life.'" '^ In the New Orleans Standa/rd, it was stated that the Texan congress passed a resolution providiag that Santa Anna and Almonte should not be released without concurrence of the Senate, Houston vetoed the resolution, and congress thereupon passed it hy a constitutional majority of two-thirds. Houston then pronounced the resolution unconstitutional, and a usurpation of the executive authority and set Santa Anna free, in defiance of the con- gress. Niks' Seg., li. 321; Oreen's Journal, Exped. Mkr, 18. "Bustamante had fifty-seven votes out of sixty-eight east; Santa Anna had only two. Hist. Mex., v. 179-80, this series. ^ For his future career consult vols. v. and vi. Hist. Mex. this series. The authorities consulted for the five preceding chapters are the follow- ing: Filisola, Mem. Gwirra Tex., i., ii., passim; Id., Rep. Sup. Gob ,o, 1-82; Foote's Texas, ii., passim; Toahums Hist. Tex., i., ii., passim; AlmorUe, Not. Estcid. Tex., 20-88; Wilson's Amer. Hisf., 637-65; Young's Hist. Mex., 239-62; Thrall's Texas, 168-651, passim; Niles' Register, xxxix- lii., inclu. See indices under Tex. and Mex., Ixiii. 145, 194^5; Kennedy's Tex., ii., passim; Tex. Almanac, 1858, 1859, 1860, 1861, 1868, 1869; Tex. Col. Doc., MS. and Print, Nos. 1, 2, 8 to 11, inclu.; 13 to 15, inclu., 17, 18, 20 to 51, inclu., 59 to 62, inclu., 64; Morphis, Hist. Tex., passim; Arrangoiz, Mej., ii. 232-278; Arrmiz, Hist. Mex., 270-1; Arrillaga, Recop., 1831, 430; 1832-33, 105; 1833, 89, 132-7, 433; 1834, 47-50; 1835, 100-7, 145-6, 191-5, 574^-6; 1836, passim; Baker's Hist. Tex., 35-101; Newell's Rev. Tex., passim; Niles S. Am, and Mex., i. 200-365, passim; Pap. Var., 55, No. 17; 75, No. 14; 99, No. 22; 111, No. 2; 141, No. 12; 143, No. 19; 149, No. 15; 152, No. 13; 182, No. 8; 167, No. 10; 213, No. 2; Urrea, Diario Gampa ., Tex.; Caro, Vcrdad. Idea, Democratic Remew, iii. 132-45, 305-20; Dewees, Letters frmn Tex., 157- 217; Doc. sobre Mex., No. vi., vii.; Dvhlan and Lom.no, iii. 64-5; vi. 660; Edinburgh Rev., No. 147, 251, et. seq.; U. S. H. Jour., Cong. 24, Sess. 1, 1091, llOO-l; Sen. Doc, Cong. 24, Sess. 1, vi., No. 415; H. Ex. Doc, Mess. and Doc, Cong. 29, Sess. 2, No. 4, 9-18; Tomel, Tej. y Estad. TJmd., 1-98; El Tiempo, Aug. 14, Sep. 18, 1834; Thompso'iis Recol, Mex., 70-3, 174-7; Swis/icrs Am. Sketch Book, v. No. 6; vi. Nos. 1, 2, 3, 5 and 6; Fournel, Goup d'Oeil, 12-44; Stale Gaz., 127-8, 139^1; Santa Anna, Biog. del Gen.; Id. Tex. Camp., pp. 108; Id., Vindicacion, p. 8; Id. Apelacion al huen ciiterio; Rockwell, Span, and Mex. Law, 623-7; Roa B rcena, Reciterdos, 538-41, 653-61; Rivera, Hist. Jalapa, iii. 263-4, 272-84, 313-14; Quarterly Rev., Ixi. 333-41; Pinart's Col, Print Nos. 248, 374, 386, 389, 450, 457; La Oposicion, Jan. 6, Ap. 25, 28, May 1, 5, 11, June, 1835; North Am. Rev., xliii., 233^, 244^53; Mex. Sec. Estad., 1835, 38; Id., 1830-32, Doc. 1; Mex. Mem. Mimst. Just., 1833, 8-9, 50-1; Id., Relaciones, 1832, Annex, 1, 5-6, 13-4; 1833, 6-9; 1835, 37-8; Id., Interior, 1838, 19; Id., Guerra, 1839, 5, 11; Mex. 278 SANTA ANNA'S HUMILIATION. Mamjieslo del Cong., 1836; Pap. Var., 182, No. 4; Id., Infarrm, Ccmia. Peaq., 1874, 10; Id., Col. de Ley., Ord. 1853, v. 4; Id., Legia. Mej., 1853, 89-90; Id., Col. de Ley. y Decret., 1840, 260-1, 768-9; Mayer's Mex. Azt., i. 320-21, 329-30; Maillard's Hist. Tex., passim; Linn'8 Remms., passim; Lwrenaudiire, Mex. et (hat., 231-9; Hunt's Address, 1-29; Gregorys Hist. Mex., 53-6; Lester's Homton, 46-140; Patton's Hist. U. 8., 686-9; McCabes' Co/mp. View, 760-8; JevMn's Mex. War, 35-7; Jay's Mex. War, 16-8; Honey's Tex., 233- 410, passim; Alamam, Mej., v. 873-5; Ouerraemtre Mex. y Estad. Unid., 16- 20; Gutierrez, CartayOpin., 13; Hist. Doe. Cat., i. 211; Bnstamante, Van de laPairia, v. Sup. No. 2; x. MS. 136; xi. MS. 22-9; Id., Mem. Hist. Mex., MS., ii., 86-90, vi. 35-8; Id., Hist. Invasion, i. 6-8, 43-4; Id., GaUnete Mex., ii. 15-39; Dmnenech, Hist, du Mex., ii. 138-54; Id., Mis. Adventures, 20 et seq.; Oamhoa, Impugnadtm, 7-11; Goulds Alamo City Guide, 5-23, 31-2; Aus- tin, Espos. sobre Tej., p. 32; Andrade, Doc. Eoac. Bijar, 1-24; Amiga del Pueb., Oct. 18, 1845; U. S., liepub. of, 57-8, 118-22, 218-26; Varios Iw- presos, 2, No. vi., passim; Valkjo, Col. Doc. Mex., MS.,i., No. 73; ValleJoDoc, ii. 151; Howitt's Hist. IT. S., ii. 344^-5; WMte's Col. Laws, i. 514-5, 523; Bar- reiro, 1-36; Houstcm's Message, May 22, 1838, p. 23; Villa-Amor, Biog. Samta Anna, 14-6; Pinart, Col. ; Green's reply to Houston, 7-15, 52-6, 63-4; Hmistm's Tex., i. 214^-54; Gilbert's AUUne Rep., 3d An. Edit., 116; Mex. Axmnt. Hist. Guerra, 16-29; Ripley's War Mex., i. 33-6, 40-1; Woodman's Guide to Tex., 13-6, 67-701, 97-115; Suarezy Navarro, Hist. M§., 247; Fish- er's Memar., 3-87; Tems Repealed, 1-15; Id., in I84O, 219-20; Id., Laujs Rep. Tex., i. 3-7, 9-25; Id., The War in, instigated by slaveholders, etc., 1836, p. 56; Id., Address rel, Galv. Bay, 22; Id., Address of Wharton, 47-53; Id., Battle San Jacinto, Austin, 1878, pp. 45; Id., Insurrection; Jones' Repub. of Tex., 129-160; iro55s' Wild Life in Far West, 32-45; Fd-wards, Hist. Tex., 14- 17; Crockett, Lifeof, 369-70, 383-405; Ceballos, Vind. de Mex., 43-68; Cabal- lero. Hist. Ahn., 13; McCalVs Letters from Front., 296-9; London, Geog. Soc. Jour., xiii. 202; Payne's Hist. Europ. Col, 310-11; Hvlchimon, Rem., 205-8; Willard's Last Leaves Am. Hist., 21-33; Tejas Lit). Irnlir. Usurp., 7; Comi. Debates, 1836-7, xiii. 524^5; Sen. Doc, Cong. 24, Sess. 2, No. 84, 1^; Hays Life, 1; Napa County Reporter, Ap. 14, 1877, Ap. 5, 1878; Cordova's Tex., 102, 144-5; Cor. Atlant., May 9th, June 6, 1835; Baker's Rept. , Disposal qf Santa Anna, Columbia, 1836, p. 17; Tex. Misc. Pamph., No. 16; Hanford's Tex._ State Reg., 1878, 29-30; Santa Maria, Expos, y Protext., No. iii. 13; Mnis- sin, in Bkmchard's, S. Juan de Ullua, 531-2; Crane's Hist. Washington, Tex.. 15-8, 21-3; Rosa, Ensayo, 31; The United Service, Aug. 1885, 108 et seq.; San JosA Argus, Ap. 14, 1877; San Rafael Jour., Dec. 18, 1879; Stoclcton Iivh- pendent, Ap. 21, 1877; Mariposa Giz., Ap. 7, 1877; Falconer's Discern. Missi.-<^., 53; McClellan's Republicanism in Amer., 105; Dunbar's Amer. Pioneer, 1.5; Mextcanische Zustimde aus den Jcdiren, 1830-2, i. 77; Milhlenpfordt, versuch einuget., ii. 508; Oratton's Civil Amer., ii. 291; Perez, Die. Geog. Estad., i. 267-72; Americam, Aim., 1837, 277; Robert's Descrip. Tex., 17-21; Winthrop, Report of the trial of Thomas M. Thompson, etc., 'Sew Orleans, 1835, p . 44; Mex. Pamph., ii. No. 9; Zarco, Hist. Cong., i. 107-8; Peterson's MiVt. Heroes, ii. 24; Roivhand, Regions Nouvelles, 27; Putman's Month Mag., iii. 178-80; Reoist. Espa ., May 26, 1836; Sfiea's Catholic Mis., 87. CHAPTER XII. THE REPUBLIC OF TEXAS. 1836-1838. FlLlSOLA SUPEKSBDED — VAIN THREATS — The TeXAN NaVY — COMMISSION- ERS TO THE United States — Mokfit's Rbpoet — Geneeal Gaines Cbosses the Sabine — Gorostiza's Protest — He Demands his Passports — Passive Character of the Wab — Return op Austin — The Elewions — PoLrncAL Parties — ^Houston Chosen President — Meeting op the Eirst Congress — Houston's Inaugural Address — His Cabinet— Legislative Acts op Congress — The National Seal AND Flag — Death and Biography op Austin — Condition of the Republic — Recognition op her Independence by the United States — Reopening op Congress — The Slave Question — Passage of THE Land Law — Its Provisions — Brighter Prospects — Indian War- fare — Financial Operations — Lamar Elected President. On the 15th of May, 1836, the Mexican govern- ment received a despatch from Filisola conveying the news of the disaster in Texas. On the same date Tomel, the secretary of war, sent two official commu- nications to that general, in the first of which he in- structed him to address the Texan commander-in-chief with the object of procuring Santa Anna's release, or at least the consideration due to his high dignity. FUisola was also directed to make every effort to save the remainder of the army by concentrating it at a point convenient for the receipt of supplies. The pre- servation of Bdjar was absolutely necessary. With regard to the prisoners he was authorized to propose an exchange, and for that purpose to preserve the lives of Texan prisoners then in his power, and also of such as might be taken in future. The so-called armistice agreed to by Houston and Santa Anna was (279) 280 THE REPUBLIC OP TEXAS. the subject of the second despatch. Filisola's action in observing it was approved by the government ; at the time he was reminded that Santa Anna being a pris- oner had not been a free agent in the matter. The government, therefore, wished Filisola to act with the greatest prudence, and while endeavoring not to com- promise in any way the life of the illustrious captive, he was to avoid pledging the honor of the nation. Under no circumstances was the recognition of the independence of Texas to be taken into consideration, as the nation would never agree to it.' When Filisola received these despatches, May 28th, Bejar had already been evacuated, Andrade having demolished the fortifications of the Alamo and joined him at Victoria ; the public treaty with Santa Anna had been ratified by him ; and the whole Mexican army had already crossed the Nueces. On the 1 9th of May, the government having recovered from the first effects of the 'blow, Tornel addressed another despatch to Filisola in which he urged upon him the obligation of endeavoring to preserve the conquests already ac- quired, instructed him to discontinue his retreat, secure all sustainable points, and await reenforce- ments, as the government was already occupied in organizing a division of 4,000 men, which would em- bark at vera Cruz for Matamoros.' But these m- structions arrived too late; Urrea was already at Matamoros,' and Filisola was approaching that city. The change of the government's intentions placed the commander-in-chief in a dilemma. He assembled the generals in council and laid before them the new orders he had received, expressing his readiness to countermarch if they considered the movement prac- ticable. It was unanimously agreed that, in view of ' Copy of the despatches in Filisola, Sepi-eseM., 66-8. 2 Copy of this despatch and Filisola's reply in Id., 76-7 and 62-6. ^He had been sent in advance from Victoria, which place he left May 14, reaching Matamoras May 28th. Before his departure from Victoria he had in vain urged Filisola not to retreat further. Diario, 36. Henceforth there was discord between the two generals. RESULT OF MEXICAN INVASION. 281 the deplorable condition of the troops and the want of resources, such a movement was impossible. Fili- sola, therefore, contiaued his retreat, and June 12th received from the Mexican government a despatch instructing him to resign the command to General TJrrea, and assigning Monterey, Leona Vicario, or Matamoros as his place of residence according to his choice. Filisola immediately halted the troops then on the march, drew them up in line and, in the ab- sence of Urrea, resigned the command to General Andrade ad interim.* On the following day he started for Leona Vicario, and Andrade, in spite of orders from Urrea to return to Goliad continued to march to Matamoros. On June 14th he received a despatch from Urrea, commanding him to halt the army imme- diately on its receipt, place General Gaona in com- mand, and report in person at Matamoros. But the salvation of the troops depended on their reaching their destination. Not a day passed but some of them perished on the way, and Andrade, in defiance of orders, pushed forward reaching Matamoros, June 18th. Thus ended Santa Anna's invasion. Not a Mexican soldier remained on Texan soil, and of the imposing array with which the would-be oppressor of the Anglo- Texans entered the country, barely 4,000 troops, in most wretched plight, re-crossed the Rio Grande. Meantime the treaty dropped through. A few prisoners appear to have been released on the part of the Mexicans ; and it is curious to observe that while the Texans even detained WoU,* and do not seem to have released any of their captives, captains Carnes * Filisola, Mem. Tej., i. 330-41; Id., Mem. Chierra Try., ii. 505-9. It appears that Urrea as early as May 11, 1836, had despatched a commuuioa- tion from Victoria to the government reflecting upon Filisola 's course of action. This despatch induced the government to remove Filisola from the command, and the answer to it bears the same date, May 31, 1836, as that addressed to Filisola informing him of his removal. Mem. Tej., i. 343-51; Urrea, Diario, 108-111. * He rejoined the Mexican army on the day on which Filisola surrendered the command. Filisola, Mem. Tej., i. 340. 282 THE REPUBLIC OF TEXAS. and Teal were sent as commissioners to Matamoros, to inform themselves respecting the restoration of slaves and property belonging to Texans. In re- prisal for the treatment extended to WoU on their arrival early in June, they were confined in prison, whence, however, they soon escaped through the aid of outside friends, but not before they had created a false alarm in Texas by reporting that the Mexicans were making vigorous preparations for a second and early invasion/ The fact is, the Mexican government would fain have continued hostilities, and on May 21st an act was published setting forth that it was the intention of the government to prosecute the war with vigor, and declaring that all treaties and stipu- lations made by Santa Anna while in captivity would be regarded as null.' But the political condition of the country prevented any serious demonstration. Centralism was in peril; the states were beginning to proclaim in favor of federalism ; and in the confusion of affairs, the threatened invasion of Texas was im- practicable. The 4000 troops were never sent from Vera Cruz, and the ill-conditioned soldiers at Matamoros, under Urrea, constituted all the force arrayed against the revolted province. Nevertheless the Texans made preparations to resist invasion and before long over 2000 men, mostly volunteers from the United States,' were in the field, and minor hos- tilities were carried on. Mayor Isaac Burton with twenty mounted rangers, while scouring the coast, received news of the arrival of a suspicious looking craft in the bay of Copano. On the 3d of June he ambushed his men near the beach, seized the crew of a boat sent ashore, and manning it with sixteen of his rangers, captured the vessel, which ^ Urrea, Diario, 44-5, 100-1; Tex. Aim., 1860, 74-6; Id., 1861, 45. ' Copy of act and of others relative to the action taken by the govern- ment in ArriUaga, Secop., En. — Jun., 1836, 430-7. * Early in June, Pres. Burnet made a contract with Gen. Mennican Hunt, to introduce from the U. S., a division of 4,000 men. Hunt's success was but partial. Tex. AM., 1861, 44. MOVEMENTS OF VESSELS. 283 proved to be the Watchman, loaded witli provisions for the Mexican army. The vessel was ordered to Velasco, but was detained by contrary winds. On the 17th, the Comanche and Fanny Butler anchored off the bar. The captains were decoyed on board the Watchman, and their vessels being captured, were found to be similarly freighted. All three were sent to Velasco and condemned. Their cargoes, worth $25,000, were of great service to the Texan army." Henceforth Burton and hie rangers became known as the 'Horse-marines.' Nor was the Texan navy inactive. The Invincible, after bemg taken by a United States man-of-war, at the mouth of the Mississippi, on the charge of piracy, and acquitted by the judicial courts, made a cruise on the Mexican coast, visiting Matamoros, Tampico, Vera Cruz, and Tabasco. Returning to Velasco, she was sent in September to New York for repairs. In March, 1837, this vessel returned to Galveston, and some time afterward captured the Mexican schooner Avispa.^' On August 25th of the same year, the Invincible, in company with the Brutus, arrived at Galveston bar with a Mexican schooner in tow. The Brutus crossed in safety with the prize, but the Invin/nble, unable to get in, was attacked on the following day by two armed brigs of the enemy. In going out to her aid, the BrutuiS ran aground, and the Invincible, being over- powered, in endeavoring to escape struck on the breakers near the southeast channel. The crew gained the land, but the vessel went to pieces during the night. The schooner Liberty had been sent to New Orleans, and was there sold to defray her expenses. graph, Aug. 2, 1836; Toahrni, ii. 180-1; Morfit in his report to the U. S. government places the value of these veBa,els' invoices at about $20, 192. jEhxc. Doc, cong. 24, sess. 2, No. 35, p. 29. '"CaUed by Yoakum — ii. 213 — AMspa, and thus copied by Swante Palm in Baker's Tex., 18. Tb« Tex. Aim., 1860, 164, gives Obispo as the name of the vessel; but it is probable that as b and v are frequently used for each other in Spanish America, the I in Yoakum is a misprint for b, and that the right name of the schooner was Avispa, the Wasp. 284 THE REPUBLIC OF TEXAS. The Independence, in April 1837, fell in with two Mexican brigs-of-war, the Vencedor del Alamo and the LibertadoT, and being overpowered, was taken into Brazos Santiago, whence the captives were removed to Matamoros. Thus the Brutus was the last re- maining vessel of the old navy, and she was lost in Galveston harbor during the severe equinoctial gale of 1837, which, besides destroying shipping to the number of fourteen or fifteen vessels, flooded nearly the whole city. In April of this year, the Champion and Julius Cassar, freighted with provisions for the Texan army, were captured by the enemy." In the United States, the interest felt for Texas was great, and much material aid was furnished to the struggling republic. Public discourses were delivered at different places by the commissioners, Austin, Wharton, and Archer, who succeeded in enlisting the sympathy of the people. Appeals were made for moral support, and the object of the Texans declared to be independence as a new republic or annexation to the United States." After the battle of San Jacinto, the desire for annexation became widely spread ; and on May 30th, President Burnet, in view of the gen- eral wish, appointed James Collingsworth and Peter W. Grayson as commissioners to Washington to ask for the friendly mediation of that government in pro- curing from Mexico the recognition of the indepen- dence of Texas, to endeavor to obtain a like recognition from the United States, and to state that it was the opinion of the Texan government that the annexation of the new republic to the American union would be most acceptable to the people of the former. When the commissioners reached Washington, congress had ^'/o!., 1860, 163-6, where will be found a list of officers who served in the Texan navy from 1835 to 1837 inclusive. Yoakum, ii. 212-13, 216-17; BaJcej-'s Tex., 77-80. '^See Austin's address to the people of Louisville, Kentucky, March 7, 1836, in Holhy's Tex., 252-80; and his letter to Houston of June 16, 1836, in Yoakum, ii. 177; also Wharton's address in N. York, Apr. 26, 1836, in Tex. Mi.ic. Pamph., no- 14, THE QUESTION OF INDEPENDENCE. 285 adjourned, but there was among its members a general feeling in favor of the recognition of the independence of Texas." Nothing was immediately accomplished beyond the formal presentation of the matter to the authorities at Washington; but President Jackson sent Henry M. Morfit as a commissioner to Texas, to inform himself, and report on the military, political, and civil condition of the people. The date of Mor- fit's first despatch is August 13, 1836, that of his last, September 14th of the same year. His report is pretty full. He assigns a population to Texas of nearly 58,500 souls." He expresses surprise that Texas has carried on a successful war so long with so little embarassment to her own citizens or treasury, and estimated that the probable total amount of her outstanding debts did not exceed $1,250,000/^ The deep interest taken by the United States in the success of Texas was naturally displeasing to the Mexican government. During the period from March 9 to October 15, 1836, the Mexican minister, Gorostiza, maintained a correspondence with the de- partment of state relative to the ambiguous neutrality observed by the United States during the Texan revolution. In his letters he complains of measures '3 The two houses, acting separately, passed resolutions ' that the inde- pendence of Texas ought to be acknowledged by the U. S. whenever satisfac- tory information should be received that it had in successful operation a civil government, capable of performing the duties and fulfilling the obligations of an independent power.' Exec. Doc, cong. 24, sess. 2, no. 35, 1, where will be found copy of Morfit's despatches. "Anglo-Americans, about 30,000; Mexicans, 3,470; Indians, including 8,000 northern Indians from the United States, about 20,000; and 5,000 ne- groes. Id., 12-13. Yoakum's figures, ii. 197, derived from the same source and copied by Thrall, Hkt. Tex., 286, are incorrect. But Morfit himself is somewhat contradictory. '*Thus exhibited in Morfit's report of Sept. 4, 1836, «< mp.: Treasury orders already issued and debts under consideration of the auditor's office |309,280 Estimate of supplies exclusive of the amount audited 250,000 Loans 100,000 Amount due navy, exclusive of the amount audited 60,000 Amount due army, exclusive of the amount audited 412,000 Amount of civil contingent expenses, exclusive of amount andited. . 118,720 11,250,000 286 THE REPUBLIC OF TEXAS. in progress for recognizing the independence of Texas, of the entrance of armed bands from the United States into that country, especially of the occupation of Mexican territory, by United States forces, and enumerates several instances of violation of the neu- trality laws. The particulars connected with the occupation oi" Texan territory by United States troops are as follow: It was well understood that the Ind- ians in the eastern and northern regions of Texas were assuming a hostile attitude, having been visited by Mexican agents, who strove to persuade them to take up arms. On January 23, 1836, General Ed- mund Gaines was appointed to the command of the United States troops on the western frontier of Louisiana. His instructions were that, in view of the war between Mexico and Texas, strict neutrality was to be observed, and none of the contending parties were to be allowed to cross into territory of the United States. Hostile incursions of Indians, how- ever, directed either against the Mexican or Anglo- American states were to be prevented by force. Gaines replied March 29th; and after referring to scenes of barbarism in Texas added that, in case he noticed a disposition on the part of Mexicans to menace the frontier, he should deem it his duty to cross the boundary and meet the marauders. Under date of April 25th the secretary of war, while averring that it was no wish of the president to acquire any portion of Mexican territory, nevertheless approved of Gaines' suggestion; but, in no case, was he to advance further than Nacogdoches. Gaines on April 8th had called upon the governors of Louisiana, Mis- sissippi, Alabama, and Tennessee for reenforcements, but recalled his requisition soon after, believing from later information that the troops would not be wanted. On the 14th of the same month, informa- tion was received by him from General Mason, com- mandant at Nacogdoches, to the effect that a large MEXICO ALARMED. 287 number of Mexicans and Indians were concentrated with hostUe intentions about sixty miles from that town. It appears that Irvin, the alcalde of Nacog- doches, made this statement to Mason on April 12th — a statement which was found to be greatly exag- gerated. Gaines consequently ordered up the squadron of United States dragoons and six com- panies of infantry from Fort Gibson to Fort Towson, on Red River, went in person with fourteen com- panies, namely, the sixth regiment and four companies of the third United States infantry, to the Sabine River, and there encamped. Owing to the victory of San Jacinto, and the retreat of the Mexicans, the Indians, whatever might have been their original in- tentions, now showed a disposition favorable to the white men, and there does not seem much reason for Gaines' remaining on the bank of the Sabine. Never- theless, in their excited state, it was not unlikely that the Indians would commit depredations, and on May 19th a large body of them appeared before Fort Parker, on the head waters of the Navasota. There were only six men and some women and children in the place. Attempts at conciliation were made in vain; several of the men were killed, the fort was plundered, and some of the women and children were carried into captivity.'" On June 28th Gaines re- ceived a letter from Rusk, then at Victoria, stating that the Mexicans, 7,000 strotig, were advancing from Matamoros, their motto being, "Extermination as far as the Sabine, or death." These circumstances com- bined, induced Gaines to consider the frontier again in danger. Accordingly on the day on which he re- ceived Rusk's letter, he repeated his requisition — which this time was disapproved by the president — and sent a detachment of regular troops under Colonel Whistler, to take post near Nacogdoches, instructing him July 11th to occupy that town and fortify it with a small breast- work and block-houses. " Full aocount of this massacre in Shield's FaU of Parker's Fort, MS., fols. 18. 288 THE REPUBLIC OF TEXAS. When Gorostiza became aware that an actual vio- lation of Mexican territory on the part of the United States had occurred, he reiterated his representations; and not satisfied with the assurances of the govern- ment at Washington, that the measures adopted were of a temporary and purely defensive character, hy letter of October 1 5th he declared that he considered his mission at an end, and asked for his passports, which were sent to him on the 20th of the same month, diplomatic relations between the two countries being thus broken off. Gaines was relieved of his command by Brigadier General Arbuckle, who was instructed, under date of October 10th, to report on the condition of affairs. Nevertheless similar direc- tions to those sent to Gaines were given to Arbuckle, to whose discretion the retaining possession of Nacog- doches was in a great measure left. He was informed by the secretary of war that it was not in the power of the department, with its limited information, to give any positive order in regard to the further occu- pation of the post, but he was instructed to withdraw the troops stationed there, unless he had in his pos- session information satisfying him that the main- tenance of it was essential to the protection of the United States frontiers, and to the due execution of treaty stipulations." Viewed in an impartial light, the action of the United States government cannot be regarded as '"House Rep., cong. 24, sess. 1, No. 256, 1-61; PtiJ. Doc, 1835-6, Vol. vi; Gong. Debates, 1835-6, xii. 3511-48; Tex. Carres., in Pap. Var., iii. No. 1; Exec. Doc., cong. 24, sess. 2, No. 2, 1-101, 105; Cotitj. Debates, 1837, xiv. 176- 249; .ff. Mx. Doc, cong. 25, sess. 2, Vol. iv. No. 190, 1-120; Jlex. Corrct. solfreel Paso del SaUna, 122; Niles' Seg., 1. 162, 207-9, 364-5, 377, 384^6, 402- LI li. 21, 33, 87-8, 97, 113, 129, 194, 369, 378, 385, 409-12; MarpJm, 333, 353^'; Jay's Mex. War, 23-30. The government at Washington considered that they were authorized to send troops into Mexican territory by the 33d ar- ticle of the treaty between the two nations, which required both the con- tracting parties to prevent by force all hostilities and incursions on the part of the Indian nations living within their respective boundaries, so that the United States will not suffer their Indians to attack the citizens of the Mexican states, nor will the Mexican states suffer their Indians to attack the citizens of the United States. As the Indians west of the supposed boundary were assuming a warlike attitude, and Mexico had no troops on the ground to keep them (juiet, the U. S. considered themselves justified in assuming an advanced position temporarily in their own defence. ATTITUDE OF THE UNITED STATES. 289 other than subterfuge, and unfair to a neighbor from which it desired to steal territory. While making the strongest assurances that neutrality should be ob- served, and issuing orders to that effect, it cannot be denied that the latter were easily evaded, and the former counterbalanced by the moral support secretly extended to Texas. At the same time it must be observed that the Mexican government in its future conduct in regard to the revolted province showed neither prudence nor foresight, and rendered the war, on her part, with Texas a farce. Mexican patriotism was excited, and the Texan war used as a pretext for levying contributions; henceforth it assumed a pas- sive character, and became a rallying cry of political parties as a means of their advancement. Says a Mexican historian of repute, "With the failure of Santa Anna's expedition against Texas, and consider- ing the intentions of the United States, the Mexican government ought to have rid itself of that province by a convention with the United States, as did Spain in the case of Florida in 1818, endeavoring thereby to form a nation between Mexico and the United States, which in time would counterbalance the pre- ponderance of the north; but the government and its enemies made the reconquest of Texas an object of charlatanism, and a party weapon, both sides urging the continuation of the war as necessary for the vin- dication of the national honor, though they had neither the will nor the power to carry it on.'" By July the Texan army had increased to 2,300 strong, and General Rusk experienced much difficulty in preventing confusion. Houston was at this time at Nacogdoches, and according to Yoakum addressed several communications during that month to Gaines, which may have had some influence on his decision to occupy Nacogdoches. About the first of the month the government appointed Colonel Mirabeau Lamar ^^Bivera, Hist. Jalxupa, iii. 290-1. Hist. Mex. States, Vol. II. 19 290 THE REPUBLIC OF TEXAS. major-general of the army, who on his arrival at head-quarters on the 14th found so strong a feeling expressed against the right of the cabinet to super- sede General Houston that he was constrained to put to the vote of the troops the question, whether the army were willing to receive hun as commander-in- chief. This being done, only 179 votes were found to be in his favor. Nevertheless Lamar began to act as commander-in-chief, which caused such dissatisfac- tion that many of the men began to leave the camp. Whereupon Lamar called a meeting of the officers, the discussion at which resulted in his retiring." As the Mexicans were unable to carry out their meditated re-invasion, a,nd the rumors of such having proved deceptive, it was proposed on the part of the Texan leaders to make a descent upon Matamoros, and with that object detachments were sent to Bejar and San Patricio on the river Nueces. Two mounted companies were despatched to the former place, while 500 men, also mounted, were stationed at San Patri- cio, under Brigadier-General Felix Houston, who had lately arrived from the United States with a consid- erable force. Owing, however, to the want of means to cooperate by sea, the project was abandoned. Early in July the commissioners, Austin, Archer, and Wharton returned, having accomplished much in arousing sympathy in the United States for Texas. On the 23d of the same month, tranquillity for the time assured by the political confusion in ^Mexico, President Burnet issued a proclamation for the elec- tions of president, vice-president, and senators and representatives in congress. The first INIonday in September was appointed election day, and the sena- tors and representatives were to assemble at Colum- bia on the first Monday in October following." The '° Lamar argued that Houston hail forfeited his position as commander- in-chief, by leaving Texas without a furlough. See Gen. Felix Huston's account of this aflfair in Yoakum, ii. 183-8; Tex. Aim., 1861, 46. ^'Copy of proclamation iu Id., 1861, 48-9. It provided that in the pre- ELECTION". 291 managers of the elections were to ask each voter whether he was willing to clothe his senators and representatives with conventional power to revise and amend the constitution ; also whether he was in favor of the adoption of the constitution as it stood, or of its rejection, or revision and amendment by the con- gress. Moreover as it was important for the inter- ests of the country that the people should determine whether they were in favor of annexing Texas to the United States, the managers were required to put the question direct to each voter, and make a return of the number of votes for and against it. Three candidates were nominated for the presidency, Stephen F. Austin, Sam. Houston, and the late gov- ernor Henry Smith. Houston at first was unwilling to accept his nomination, but was induced to do so on the consideration that there being two political parties in Texas, known as the Austin and Wharton parties — the ostensible head of the latter being Governor Smith — he became impressed with the belief that were either Smith or Austin elected, the opposition to the administration would be such as to be most detrimen- tal to the interests of the young republic. The situ- ation required the united efforts of all, and as he was identified with neither party, he was of the opinion that in case of his election he would be able to har- cinct of Austin there should be elected one representative to congress; in Brazoria, two; Bejar, two; Colorado, one; Sabine, one; Gonzalez, one; Jeff- erson, one; Goliad, one; Matagorda, one; Mina, two; Nacogdoches, two; Red River, three; Victoria, one; San Augustine, two; Shelby, two; Refugio, one; San Patricio, one; Washington, two; Milan, one; and Jackson, one. From the senatorial district of Bejar, there should be elected one senator; from San Patricio, Refugio and Goliad, one; from Brazoria, one; from Mina and Gonzalez one; from Nacogdoches, one; from Red River, one; from Shelby and Sabine, one; from Matagorda, Jackson and Victoria, one; from Austin and Colorado, one; from San Augustine, one; from Milan, one; from Jasper and Jefferson, one; from Liberty and Harrisburg, one; and from Washington, one. In consideration that a large number of persons were serving m the army, and might thereby lose their right of sufferage, it was ordained that all such persons entitled to vote might do so by holding an election, and sending the returns to the managers of the election at the capital of the precinct of which they were citizens; the name of each voter being taken down in writing and forwarded with the returns. The same rule applied to persons absent from precincts that had been temporarily abandoned. 292 THE REPUBLIC OF TEXAS. monize the two factions, and organize a government that would triumph over all difficulties." Houston's popularity at this date is evidenced by the result of the polls. He was elected president by a large majority, Mirabeau B. Lamar being chosen vice- president." The constitution was adopted almost unanimously, as also the proposition of annexation. On October 3d, the first Texan congress met at Co- lumbia, and on the following day President Burnet delivered his message. It is a somewhat lengthy doc- ument, but represents too truthfully the events con- nected with his administration and the condition of the country. He describes the state of the army and navy, and calls attention to the defectiveness of the military organization and the want of more war ves- sels. The judicial department, he stated, was in a very imperfect state, and the land question was one which would require serious consideration. He trusted that the titles of the early settlers would not be en- croached upon, and that the present congress and all succeeding ones would promptly and decisively put the &eal of their reprobation upon all sinister and unrighteous speculations in the public domain. He concluded by urging the members to banish from their council all party spirit and political intrigue." After using his best endeavors to concUiate the Indians, Houston left Nacogdoches for Columbia, where he arrived on October 9th. By a provision of the adopted constitution, he could not enter upon the duties of his office before the second Monday in De- cember next succeeding his election," but both Presi- dent Burnet and Vice-president Zavala were equally willing to retire from office, and on the 2'2d of October 21 See his letter to Guy M. Bryan of Nov. 15, 1852, quoted in Yoakum, ii. 193-4. '"' Houston received 4,374 votes. Smith 743, eind Austin 587, the total num- ber of votes cast being 5,704. Lamar had a majority of 2,699. ThraWs Hist. Tex., 287. '^ Copy of Burnet's message will be found in Mies' Reg., li. 189-91. * Art vi., sec. 2., of the constitution, in Laws of the Hepicblic of Texas, voL i 15. HOUSTON AND LAMAR. 293 sent in their resignations. The congress considered that there was no radical obstruction to the premature installation of the new president, and on the same day Houston was inducted into office. In his inaugural address, Houston referred to the relations of the coordinate departments of the govern- ment as peculiarly delicate and important, maintaining that if he failed to obtain the cooperation and support of the congress, wreck and ruin would be inevitable. If, therefore, he failed in the attainment of the great objects in view, it would be the duty of the house to correct his errors and sustain him by its superior wis- dom. The administration, he said, was fraught with perplexities, but zeal and a spirit of patrotism would surmount all difficulties. He recommended that the friendship of the Indians should be obtained by treaties of peace and a strict maintenance of good faith with them ; and urged abstinence from all acts of aggression, the establishment of commerce with the different tribes, even-handed justice to be ever maintained with them. He contrasted the barbarous mode of warfare practised by the enemy with the humanity and for- bearance displayed by the Texans in the hour of vic- toiy. The moral effect of such conduct had done more toward the liberation of Texas than the defeat of the army of veterans. Her cause had received the warm- est sympathy and manly aid of friends in the land of their origin. Lastly, he dwelt upon the question of annexation with the United States, a consummation unanimously wished for the Texan people, who were cheered by the hope that they would be welcomed into the great family of freemen." General Lamar, in his two-fold capacity as vice-president of the re- public and president of the senate, also delivered addresses in which, breathing a spirit of patriot- ism, he deprecated party antagonism and contro- versy. ^ Copy of the address in Pease's Hist. View Tex. , in Niks' South Amer. and Mex., i. 357-60. 294 THE REPUBLIC OF TEXAS. Congress having authorized the president to appoint his cabinet, his selection proves his anxiety to weld together in harmony the two opposing factions by an impartial appointment to office of the separate leaders. Stephen F. Austin was made secretary of state, Henry Smith, secretary of the treasury'', Thomas J, Rusk, of war,'° S. Rhodes Fisher, of the navy, Robert Burr, postmaster-general, and J. Pinkney Henderson, attor- ney-general. On November 1 6th, congress passed an act empowering the president to appoint a minister to the United States to negotiate with that government for the recognition of the independence of Texas, and her annexation to that republic. Houston accordingly appointed William H. Wharton to the position." Another of the first acts of the congress, dated November 18th, authorized the president to issue bonds of the republic in sums of $1,000 each, to an amount not exceeding $5,000,000. These bonds were to bear interest not exceeding ten per centum, and be made redeemable in thirty years from the day of date. Two commissioners were to be appointed to negotiate them in the United States or Europe, the commis- sioners being authorized to sell bonds to the amount of $2,000,000, redeemable in not less than five years. Holders should have the privilege of purchasinof public lands of the republic at the lowest government price payable in bonds. In regard to volunteers from the United States the congress displayed great liber- ality, extending by a joint resolution on the 23d the same pay and bounties in lands to those who entered ''' The command of the army was given to General Felix Houston. '^' Linn, page 273, narrates that Wharton was not pleased with the ap- pointment, and remarked that the president was sending him into honorable exile to get him out of some one else's way. Houston did not hear of this till some months after, when three commissioners were to be named by him whose duties were the purchase of a navy. John A. 'VATiarton, brother of William Wbarton, was one of the candidates, and to the surprise of many, was not appointed. Meeting the latter after his return from the U. S., the president could not refrain from delivering a home-thrust. 'I did not ap- point John A. Wharton,' he said, 'one of the three naval commissioners be- cause I did not wish to drive any more of the Wharton family into exile.' CONGRESSIONAL MEASURES. 295 the service after July 1st as to those who had entered it prior to that date." The duties of the congress were not Hght, and dur- ing its first session, which lasted to the close of De- cember, numerous laws were passed for the organization of the government and promotion of the public weal. Provisions were made for the increase of the navy by the purchase of a 24-gun sloop of war, two armed steam vessels, and two 11 -gun schooners; rules and articles were established for the government of the navy and army, the latter of which the president was authorized to reorganize ; and measures were adopted for the protection of the frontier, and for the national defence by the organization of militia. The judiciary, moreover, was fully organized, a supreme court, courts of justice, and inferior courts being established, and their powers and jurisdictions defined. '^ Enactments were also passed for the raising of a revenue by im- port duties; establishing the salaries of the president and government officers ; '" for the creation of a gen- eral post-office ; and for the establishment of a general land-office." A national seal and standard for the republic were adopted December 10th. The former consisted of a single star with the letters Republic of Texas circular on the seal, which was also circular. The national flag was to have an azure ground with a large golden star central, and to be dominated the national stan- ^The president vetoed this act, but it was passed by a constitutional maiority in both houses. Tex. Laws, i. 34. ■^'President Burnet had created a district judge for the district of Brazos, conferring the appointment on Benjamin C. Franklin, who was the first judge in Texas invested with common law and maritime jurisdiction. Niks' Meg., li. 190. * The salary of the president was fixed at $10,000 a year, of the vice- president $3,000; that of each member of the cabinet at $3,500; of the attorney-general $3,000; of the postmaster-general $2,000, and other civil officers in proportion. Congressmen received each $5 a day, and were allowed a mileage of $5 for every 25 miles, going and coming. Tex. Laws, i. 69-70. 2'Thisact was vetoed by the president, but passed by a constitutional majorily in both houses Dec. 22, 1836. The above synopsis of the labors of the first congress is derived from Id. , i. 27-227. 296 THE REPUBLIC OF TEXAS. dard of Texas. Tlie flag for the naval service was to be the same as that adopted by President Burnet at Harrisburg, April 9, 1836, its conformation being union blue, star central, with thirteen stripes pro- longed, alternate red and white.'" Congress, however, did not display the highest wisdom in all its legislative acts. On December 16th a bill was passed to incorporate the Texas Railroad, Navigation, and Banking Company, with a capital stock of $5,000,000, and the privilege of increasing it, when the welfare of the company should require it, to $10,000,000. The enactment granted to the com- pany the right of connecting the waters of the Rio Grande and the Sabine by means of internal naviga- tion and railroads, with the privilege also of con- structing branch canals and railroads in every direction. As soon as the bank went into operation, which it could not do until a specie capital of $1,- ^'' On Jan. 23, 1839, an act was passed adopting as the national arms a, white star of five points on an azure ground, encircled by an olive and live oak branches. The national flag was to consist of a blue perpendicular stripe of the width of one third of the whole flag with a white star in the centre, and two horizontal stripes, the upper white and the lower red. The origin of the lone star flag is somewhat obscure. It is claimed by the Savannah Georgian that it was first unfurled within the present limits of Louisiana in 1810, by a gallant band of Americans, who fell suddenly upon the fort at Baton Rouge, drove out the Spaniards, and raised the lone star flag in place of the banner of old Spain. Tex. Aim., 1861, 75. The date of its first ap- pearance in Texas is also in dispute. Guy M. Bryan in a speech before the Texan veterans delivered May 14, 1873, says: 'The first lone star flag that I can find any account of was made at Harrisburg and presented to the company of Capt. Andrew Robinson in 1835. The lone star was white, five pointed, and set in ground of red.' Bahr's Tex., 195. Lewis Washington, an assistant in the office of the Galveston JS'etos, in 1854, states that it was of plain white sUk, bearing an azure star of five points on either side. On one side was the inscription Liberty or Death! and on the other the Latin motto XJbi Libertaa habitat, ibi nostra patri est. This flag was unfurled at Velasco Jan. 8, 1836. Oen. McLeod of Galveston asserted that it was the work of Miss Troutman of Knoxville, Georgia. A correspondent of the Central Texan denies the claim of Georgia, and insists that the first lone Btar flag unfurled in Texas was the one raised in Harrisburg in 1 835. Tex. Aim., 1861, 75-7. Thrall makes the curious statement that the lone star emblem was a fortunate accident. Gov. Smith, for want of a seal, used one of the large brass buttons of his coat, which bore the impress of a five-pointed star. The Mexican government in a circular of Jan. 28, 1836, describes the Texan rebel flag as consisting of stripes like that of the U. S., but instead of the blue square containing the stars, the Texan flag had a white square with n cross and the number 1824. Arrillaga, Recap., En. — Jun., 1836, 234. The 'flag of independence,' says one, first hoisted at Goliad, bore a blood-red sword grasped by a hand. Te.c. Aim., 1861, 76. BOUNDARY. 297 000,000 was paid in, a bonus of $25,000 was to be paid into the Texan treasury; but in the event of said sum not being paid within eighteen months after the passage of the act, the charter, which was to con- tinue in force for forty-nine years, was to be forfeited/" This act was regarded by many with great disfavor and denounced by Anson Jones as corrupt, and tending to render the public lands worthless if the scheme had been practicable/* The necessary capital of $5,000,000 was subscribed by eight individuals and firms, but the payment of $1,000,000 in specie before the bank could commence operations, was a stumbling- block which fortunately overthrew the project/'' With regard to the territorial extent of the infant republic, congress was not backward in defining the boundaries. By an act of December 19th it was declared that the civil and political jurisdiction of Texas extended from the mouth of the Sabine to tlie mouth of the Rio Grande, thence up the principal stream of the latter river to its source ; thence due north to the forty-second degree of north latitude, thence along the boundary line as defined in the treaty between the United States and Spain to the be- ginning. The president was authorized and required to open negotiations with the government of the United States to ascertain the boundary line as agreed upon in said treaty. These boundaries in- cluded the greater and best portion of New Mexico, to which Texas had not the shadow of a right. But it is more easy to make a claim than substantiate it, as Texas found to her cost at a later date, on the occasion of the Ul-conducted expedition to Santa Fe. ^ Tex. Laws, i. 128-32. "^ He writes : ' The company would have been the great feudal landlord of the whole, and held them by a feudal tenure. ' He attacked the scheme severely in an article signed Franklin, published in a Matagorda paper. His opposition gained for him many lasting enemies. Repub. Tex. , 18-19. ^ Gouge states that even as it was, some people made money out of the scheme. None of the subscribers paid anything. One of them sold his in- terest to a speculator of New York for $30,000. Another disposed of his interest for three leagues of lanc(, which he subsequently sold for |2.50 per acre. Fiscal Hist, Tex., 60-1. 298 THE REPUBLIC OF TEXAS. After two months of assiduous labor, during which the members of both houses appear to have been guided by a spirit of patriotism and singleness of purpose/congress closed its session, and adjourned tUl the first Monday in May, 1837, when it was to meet at the newly founded town of Houston, on Buffalo Bayou, which by act of December 15th was declared to be the seat of the government till 1840/* Toward the close of the year Texas was bereaved, not only of one of its most prominent patriots, but of its father and founder as a great state. On November 15th Lorenzo de Zavala, whose health had been for some time past failing, died at his residence on the San Jacinto, near Lynchburg, fifty-five years of age. The biography of this true friend of Texas, previous to his exile from his native country, has already been given. His arrival in Texas was hailed with joy; and the appreciation in which his worth and love of liberty were held, is shown by the important ap- pointments which were conferred upon him by men of a different race. His name wUl ever be cher- ished among Texans as a champion of freedom. Within little more than a month after the loss of this patriot, Stephen Fuller Austin breathed his last at Columbia. He had contracted a cold, which was suc- ceeded by an attack of pneumonia, and died December 27th, at the comparatively early age of forty-three years — father and son being thus victims of the same disease. His remains, followed by the president and his cabinet, both houses of congress, officers of the government, and a large concourse of citizens, were placed on board the Yellowstone, and conveyed to Peach Point, Brazoria county, where they were in- terred with funeral honors. His place in the cabinet was filled by R. A. Irwin. Stephen Fuller Austin was born November 3, 1793 ^' Anson Jones denounces the location of Houston as the seat of gov- ernment, as being an unblushing speculation by members of the legis- lature. Bepub. Tex., 18-19. BIOGRAPHY OF AUSTIN. 299 at Austinville, Wythe county, Virginia. In 1804, he was sent to Colchester academy, in Connecticut, and having remained there one year, he removed to an academy at New London. At the age of fifteen, he became a student of Transylvania University, Ken- tucky, where he completed his education. When twenty years of age, he was elected a member of the territorial legislature of Missouri, and was regularly reelected till 1819, in which year he went to Little Rock, Arkansas, where he was made circuit judge of that territory. Thence he moved to New Orleans, in order to cooperate with his father in the projected colonization scheme. On the death of Moses Austin, his son, in obedience to his wishes, determined to carry out the enterprise. His efforts, trials, and final suc- cess in that undertaking are already before the reader. Stephen Austin was eminently adapted as a leader of settlers in an unknown country. Nurtured in his childhood in the wilds of a frontier state, he imbibed a familiarity with the wilderness and a fearlessness of its dangers which never deserted him, while the liberal education which he received well fitted him to occupy the position of ruler, diplomatist, or commissioner. As a commander of an army, he himself admits his want of competency, and with eager willingness he resigned his military appointment on the occasion of his being chosen commissioner to the United States. With regard to his character, I cannot do better than transcribe his own words, which, however, make no mention of his noble qualities, but reveal only his weaknesses. Writing to Edwards, the Fredonian leader, in 1825, he says: "My temper is naturally hasty and impetuous; the welfare of the settlement required that I should control it effectually, for one in my situation, falling suddenly into a fit of passion, might do hurt to the interests of hundreds. My dis- position is by nature, also, open, unsuspecting, confid- ing, and accommodating almost to a fault. I have been, therefore, subject in a peculiar manner to impo- 300 THE REPUBLIC OF TEXAS. sition. Experience has enlightened me as to this latter deficiency, I fear, almost too late, for I am ap- prehensive of having fallen somewhat into the opposite extreme." " It was true as he says, that under the most trying circumstances, and assailed by enemies, he exercised a strong control over his impulses, fearful of inflicting injury on others. He made self-assertion subordinate to the public weal. But other traits of his character remain to be added. His sense of equity and his con- stancy, his perseverance and fortitude, his intelligence, prudence, and sagacity, and lastly, his endurance under persecution, benevolent forgiveness of injuries, and far-reaching philanthropy mark him as no common person, and place him on the pedestal of great men. He was never married. During the first years of his residence in Texas, his home was the house of S. Cas- tleman, on the Colorado. Later, when his brother- in-law, James F. Perry, removed to the colony, he lived, when in Texas, with his sister, at Peach Point plantation, in Brazoria county. Besides this sister, he had a younger brother, named James Brown Aus- tin, who was well known in Texas. ^^ It cannot be said that at the opening of the new year the situation of the young republic was flattering. It is true that she was temporarily relieved from in- '' Copy of an extract from this letter, which well describes his difficnlt position with regard to decisions about land grants, and is marked by candor and the frank admission on the part of the writer that he had committed errors, wiU be found in Foote, i. 300-5. ^^Tex. Aim., 1859, 153-60. From this article I quote the following ex- tract: ' Sometimes the voice of detraction and obloquy was heard. Some- times curses were heaped upon him by men whom he had served with conscientious fidelity. But these are things which come to most men who act a principal part in what is transpiring around them, and in Austin's case these things were more than counterbalanced. The great body of his colo- nists loved him, and he knew it. They had tried him, and had found him to be true to them and to their interests. ' Thrall, Hht. Tex., 480-97; Kennedy, ii. 270-2; Baker's Tex., 253-4; Yoakum, ii. 202-3. Linn, in his Remmis., 362, says of Austin: 'He made many personal sacrifices of his own comfort and property in the interest of his colonists, and was in return repaid by ingrati- tude by too many of them. He had the patience of Franklin, and was a man of solid rather than of brilliant parts. ' CONDITION OF THE COMMONWEALTH 301 vasion ; but the enemy still threatened, and there was no certainty that a powerful army would not before long be put in motion against her. Although in an agricultural point of view, she had somewhat recov- ered from the wide-spread desolation to which she had been the victim, much land still remained abandoned, and the people were universally impoverished. The army, which it was still necessary to keep on foot to the number of nearly 1,000 men,^' was reduced to a destitute condition for want of food and clothing. The government was overwhelmed with claims ; the treas- ury was empty, and no immediate prospects of pecu- niary relief could be expected. But the year was not destined to pass without Texas meeting with some outside encouragement. The recognition of her independence had been the subject of much discussion in the congress of the United States, and many memorials from different parts of that nation were addressed to the government in behalf of it. In the north, however, considerable opposition was brought to bear by the anti-slavery party, which, foreseeing annexation as the ultimate result, was strongly opposed to the adoption of a measure that would create additional slave territory. Apart from the question of slavery, there were others of a commercial nature which also had weight. In case Texas maintained her independence, she would be able to open a market for English manufactures, which would prove detrimental to the interests of the United States. Again, if she were admitted into the union, the anti-tariff party would gain preponderance over that which sought to procure a monopoly for American goods by protective duties. On December 22, 1836, a message of President Jackson, on the suljject of the recognition of Texas was laid before congress. At its conclusion he makes use of these "Yoakum states that at the close of 1836 the Texan army consisted of about 700 men enlisted for the period of the war, and 80 who had still six months to serve, Hist. Tex., ii. 205. ;i0'2 THE REPUBLIC OF TEXAS. words: "Pruaence, therefore, seems to dictate that we should still stand aloof, and maintain our present attitude, if not until Mexico Itself or one of the great foreign powers shall recognize the independence of the new government, at least until the lapse of time or the course of events shall have proved, beyond cavil or dispute, the ability of the people of that country to maintain their separate sovereignty, and to uphold the government constituted by them." " But it was well known that Jackson was in favor of the recognition of the independence of Texas. On January 11, 1837, "Walker, senator from Mississippi, submitted a resolution to the senate to the effect that the independence of Texas should be acknowledged, urging as a reason that the threatened invasion of that country had proved abortive, that the army of General Bravo " had been reduced by desertion and other causes to a very small number, that Bravo had consequently resigned, and the invasion in all proba- bility would be abandoned. After several efforts on the part of Walker — who expressed himself convinced that the president would cheerfully unite with con- gress in recognizing the independence of Texas — ^to bring his resolution to the vote, on March 1, 1837, it was called up, and after some discussion, passed by a vote of twenty -three to nineteen." On the following- day a motion was made to reconsider the vote, but was lost by a vote of twenty -four to twenty -four." The negotiations, however, for the annexation of Texas were not listened to by the United States gov- ernment. Shortly after the passage of this resolution the Texan minister in Washington was duly recognised, and Alcee Labranche appointed by Jackson as charge *'H. Ex. Doc, cong. 24, seas. 2., No. 35, p. 4. *' Bravo had been appointed to the command in the place of Urrea, who was removed on account of his leaning toward federalism. ■*" Not as Yoakum states, — ii. 207 — twenty-three to twenty-two. ^^Cong. Debntex, 1836, 1837, xiii. 360, 527,797,986, 1010-13, 1018. It must be remarked that on March 1st, when the resolution was passed, six members of the senate were absent. PRESIDENT'S MESSAGE. 303 d'affaires to the new republic, the house of repre- sentatives having made an appropriation for a diplo- matic agent to that government. It has already been mentioned that on April 17, 1837, the Independence was taken by two Mexican brigs-of-war. On the vessel was William H. Wharton who was on his return from the United States. He was conveyed to Matamoros with the other captives, and confined in prison. His brother. Colonel John H. Wharton, having obtained permission and a flag, proceeded thither with thirty Mexican prisoners, in the hope of eflecting his release, but on his arrival he was seized and thrown into a dungeon. William Wharton in the meantime, by the aid of Captain Thompson of the Mexican navy, escaped and reached home. His brother, after an imprisonment of six days, also succeeded in escaping and returned to Texas. Thompson, who had agreed to desert the enemy's ser\ace, had previously left Matamoros, his departure being hastened by information given against him to the authorities. On May 1, 1837, congress reassembled at the town of Houston, and on the 5th the president read his mes- sage. Referring to the recognition of their independ- ence by the United States, he said: "We now occupy the proud attitude of a sovereign and independent re- public," and toward the close of his address, remarked that Texas, confident of her power to sustain the rights for which she had contended, was not willing to invoke the mediation of other powers. With re- gard to the financial position of the government, it could hardly have assumed a much worse state. On account of the unfavorable condition of the money market in the United States, no portion of the $5,000,000 loan had been realized, and the land scrip" *■' In order to raise means to meet the most pressing wants until some portion of the $5,000,000 loan could be realized, the president had been authorized by acts of December 10, 1836, to borrow $20,000, and to sell land scrip to the amount of 500,000 acres, at a price not less than 50 cents per 304 THE REPUBLIC OF TEXAS. had produced nothing, owing to the questionable ac- tion of the agents at New Orleans, who would render no account of their transactions to the executive, and dishonored drafts drawn upon them by the latter. Speaking of the land-bUl, of December 22, 1836, which had been vetoed by the president, but passed by a constitutional majority — Houston stated that his views on that question had undergone no change. He considered that the bill was not adapted to the situa- tion," inasmuch as no provision was made for section- izing the public domain; and he recommended that some plan should be devised that would ascertain all the located lands of the country, by which method the vacant lands would be readily indicated. Unless some such precaution were adopted endless litigation would be the consequence. On the subject of the boundary question with the United States, he believed that all trifling difficulties that had previously- existed would be obviated by reference to tlae treaty of 1819 between Spain and that nation. In connection with this question he called attention to a treaty recently made by the government of the United States with the Caddo Indians on the north-eastern frontier, by which the latter ceded certain lands to the former. The Caddo Indians, he said, were the principal ag- gressors on the Texan frontiers, and showed a dispo- sition to amalgamate with the wild tribes undoubtedly within the unquestionable boundary of Texas. Urgent remonstrances had been made to the government of the United States by the Texan representatives at Washington on the subject of the condition and dis- position of these Indians. The army of Texas had never been in a more favorable condition, and its im- provement since the last session of congress was con- spicuous. It had been successfully reorganized, and acre. Thia scrip was issued to Toby and Bros, of New Orleans and David White of Mobile, who were appointed agents for the government. Tex. Laws, i. 76-7; 6ouge,ui sup., 62, 64 **The constitution provided that 'the whole territory of the republic should be sectionized, in a manner hereafter to be prescribed by law.' Gen- eral provisions sec. 10. Tex. Laws, i. 21. SLAVERY. 305 a system of discipline and subordination established. By the reduction of the number of supernumerary officers, its expenses had been diminished to $229,032 per annum." A similar favorable report could not be made with regard to the navy, the insufficiency of which required the serious consideration of congress. A confidential officer had been despatched to the United States for the purpose of purchasing such vessels as would enable Texas to keep command of the gulf The weak condition of the navy had not been without injurious result upon commerce, which had suffered to some extent. President Houston next makes remarks upon the African slave trade, and in conformity with the constitution" denounced it as an unholy and cruel traffic. It being known that thousands of Africans had lately been imported into the island of "Cuba with the design of introducing a portion of them into Texas, the ministers of the re- public had made the matter a subject of representa- tion December 15, 1836, an act was passed appropriating $700,000 to defray the expenses of the army for the years 1836 and 1837; $150,000 those of the navy; and $150,000, those of the executive and civil departments of the government — in all $1,000,000. In case there should be no moneys in the treasury when these demands were made upon it, according to law, the secretary was authorii:ed to issue scrip to persons lawfully entitled to the same. Id., i. 85-6. *' In the general provisions of the constitution, sec. 9, the importation or admission of Africans or negroes into the republic, excepting from the U. S. of America, was forever prohibited, and declared to be piracy. The phrase- ology ' excepting from the U. S. ' may seem at first sight singular. But it must be borne in mind that most of the settlers in Texas came from the , slave-holding states of the northern union; that those states were the stanch allies of Texas, and by immigration from them she expected to increase her population, strength, and prosperity. Unless future settlers were allowed to bring their slaves it was weU known that they would be very few in number. Moreover, the scarcity of labor and the abundance of rich land made the tolerance of slave labor an impoVtaut item in the future progress of the country. Thus, though Texas properly denounced the traifio in African slaves, her vital interests required that she should not refuse to ad- mit a system legalized in the states from which most of her immigrants can-e, by allowing them to bring their property with them, and employ it profitably alike to themselves and the republic. But her law on the sub- ject was stringent. By act of Deo. 21, 1836, all persons convicted of intro- ducing African slaves, with the above exception, were to sufifer death, with- out benefit of clergy; the same penalty was to be inflicted upon persons who should introduce any slave or slaves from the U. S., except such as had been previously introduced and held in slavery in that republic, in conformity with the laws of that government. Hist. Mex. States, Vol. II. 20. 306 THE REPUBLIC OF TEXAS. tion to the government at Washington, to enable it to devise means of preventing the landing of slaves in Texas, which the insufficiency of her own navy- precluded her from doing. This last consideration should be a sufficient reason to redeem the republic from the suspicion of connivance, and induce both England and the United States to employ such a portion of their force in the gulf as would arrest the traffic. England, he believed, would not regard the prosperity of Texas with unkind feelings. A corres- pondence with the Mexican consul at New Orleans had been opened, containing propositions for the ex- change of prisoners. No official response had been received from that government, but nevertheless Houston was of opinion that all the prisoners should be released and allowed to leave the shores of Texas as soon as they could do so." The most important question which occupied con- gress during 1837 was that of the land bill. During the two sessions held this year," the matter was brought up again and again, and several acts amend- ing the original one were passed. One difficulty arose from the requirement, by the provision of the consti- tution, that the public domain should be sectionized, instead of being laid off in leagues and labors after the Spanish land system. The older settlers were opposed to this new plan, and, as seen, it was not adopted. It was no easy matter to solve this problem of the dis- posal of the public lands. There were many knotty points involved in it. On the closing of the land- offices in November 1836, hundreds of land titles, many of them corruptly issued by the legislature of Coahuila and Texas, or fraudulently obtained by land speculators, were lying incomplete in the commission- <'The Mexican prisoners were first placed under guard on Galveston Island where their privations were very severe. On August 10, 1836, they were removed to AnShuac, and thence to Liberty. On April 25, 1837, they were finally released. Delgado's Diary; Linn's Hemiiiis., 246. " The president called a special session of congress in Sept. 25th, which merged into the regular session. LAND MATTERS. 307 ers' offices. The grants to empresarios and titles de- pending thereon had to be considered. To distinguish legitimate claims and guard against fraud was a most difficult matter ; and to frame a bill that would defeat the ingenuity of land-stealers without violating the rights of citizens of Texas, justly acquired under the legislations of Mexico, of Coahuila and Texas, and even of Texas herself, was almost an impossibility. Again, land bounties had been granted to the volun- teers who had so valiantly stepped forward to aid Texas in her direst need, and land scrip had been sold in the United States. To protect the soldier and colonist in the priority of choice of location against unprincipled speculators, who supported their prior claims by perjury," was no easy matter. Head-rights of individuals were purchased by numbers of persons who never intended to make Texas their home ; names of natives — to whom exceptional privileges as to ex- tent of grants were extended — were used to substan- tiate claims, and in fault of this recourse, fictitious names were supplied, and head-rights under them ob- tained. No legislature has ever had the task of un- ravelling a more complicated entanglement of just with unjust claims, or has been called upon to devise a law that could discriminate between rights almost equipoised in the scale of justice. When the decree of November 1835 was passed, many old settlers and many soldiers entitled to the land bounty were in the field, and continued in service long afterward. By opening the land-office and recommencing the distri- bution of grants, these men, in tlieir absence, would be deprived of their just right to prior choice of loca- tion. This was one of Houston's reasons for opposing the passage of the land law of December 22, 1836. The law was to have gone into effect June 1, 1837, *' Speaking of the land law of 1838 — of which mention will be made in the text — Anson Jones, who voted in favor of it, says: 'The greatest fault, after all, that can be found with this bill is that it did not stop perjury; for aside from perjury, which no law can stop, few evils have grown out of it. The law itself possesses every possible safeguard against fraud.' Bepub, Tex., 20. 308 THE REPUBLIC OF TEXAS. but the opposition to it caused it to be suspended till October 1st of that year; and on September 30th, in consideration of the president's statement that prepa- rations were being made to run the boundary line between Texas and the United States, which would doubtless increase the limits of the former's civil and political jurisdiction, a joint resolution was adopted to suspend the operation of the land-office until the fur- ther action of congress. Knally, on December 1 4th, the several acts being amended, were reduced to one act, and a general land law adopted." Under this law, a commissioner of the general land-office, with a salary of $3,000 a year, was to be appointed by the president, with the advice and consent of the senate. For each county a surveyor was to be ap- pointed, and a board of commissioners, whose duty it was to investigate claims for head-rights, and grant certificates upon proof of right being established. Persons advancing claims under the old colonization laws were required to take oath that they were resi- dent in Texas at the time of the declaration of inde- pendence, that they had not left the country during the campaign of the spring of 1836, and prove by two or more creditable witnesses that they were actually citizens of Texas at the date of the declaration of in- dependence. In this provision, widows and orphans were excepted. Conflicting claims were to be tried before the nearest justice of the peace and six disin- terested jurors. Empresario contracts having ceased at the date of the independence, all vacant lands in- cluded in such grants were declared the property of the republic. Surveyors' field-notes, with county commissioners' certificates, were to be sent to the commissioner of the general land-office, who, on their being found to be correct, and the locations therein described situated on vacant lands, was authorized to issue patents signed by the president and countersigned *' This law was also vetoed by the president, but was speedily passed in both houses by a constitutioual majority. GENERAL CONDITION AND PROSPECTS. 309 by himself. Each county was declared to constitute a section, and each surveyor was required to make out a map of his respective county, on which the plots of deeded lands were to be fairly shown. Lastly, audited claims against the government were made receivable in payment of public dues on lands for a quantity not exceeding two leagues and two labors for any one in- dividual. The land office was to be opened for old settlers and soldiers on the first Thursday in February, 1838, and for other claimants six months later. Though the law was defective, and under it many fraudulent claims were passed through the formalities necessary to secure titles, it was the best that could be secured at that time, without conflicting with rights acquired under former legislations. Early in 1838 a large number of claims were presented and decided upon, old Spanish grants being generally sustained, owing to the conflicting interests in the Texan legislature, which had the power to set aside grants only on the ground of non-performance of conditions. Among the acts of congress in 1837, mention must be made of one which was passed June 12th, pro- viding for the sale of Galveston and other islands belonging to the republic, in lots of from ten to forty acres. Anson Jones denounced this action; but it must be observed that, while affording some relief to the government in its financial straits, it gave a great impulse to the growth of the new town of Galveston, which soon became the most important seaport of Texas. During the last session of the congress in this year, much attention was paid to incorporating towns, to defining the boundaries of old counties and creating new ones." Having remained in session from Sep- ^^The towns of Shelbyville, Brazoria, Richmond, San Felipe de Austin, Lagrange, San Antonio, Victoria, Gonzalez, Matagorda, Mina, Houston, Washington, Crockett, Refugio, Columbia, Clarksville, Lexington, Milam, Goliad, San Patricio, and Jonesborough, were all incorporated during this session. The new counties of Montgomery, Fayette, Fannin, Robertson, 310 THE REPUBLIC OF TEXAS. tember 25th to the end of December, it adjourned till May, 1838. The prospects of the republic now held out prom- ises of permanency and success. The crops of 1837 had been unexpectedly good; immigrants were flock- ing into the country, whereby the imports were increased, and the revenue from tariff dues propor- tionately augmented ; lands were rising in price ; and commerce was assuming a prosperous condition. From Mexico, Texas had nothing to fear for the present, as that nation was embroiled with France, whose navy blockaded her ports in April, 1838, to enforce the payment of certain claims against her, made by the French government. Relieved from the presence of the, enemy in the gulf, trade was not only safely carried on with New Orleans, but was extended to eastern cities of the United States, while the western frontier enjoyed rest from war. Though military operations during these two years may be said to have ceased, considerable trouble was caused by Indians in the frontier portions of the republic. In search of the best lands, locaters pushed forward into regions regarded by the Indians as their hunting grounds, and the latter, instigated by Mexican agents, opposed these encroachments, not unreasonably believing their assertions that the white people would deprive them of their lands. A number of murders were committed by the savages, and a special corps was organized to suppress their depreda- tions. Several conflicts of minor importance were and Fort Bend were created. Tex. Laws, ii. 12-122 passim. The original counties, according to a list supplied by TiiraU, Hist. Tex. 2S7, were: Austin, Brazoria, Bejar, Sabine, Gonzalez, Goliad, Harrisburg, Jasper, Jeflferson, Liberty, Matagorda, Miua, Nacogdoches, Red River, Victoria, San Augustine, Shelby, Refugio, San Patricio, AYashington, Milam, Jackson, and Colorado. It should be remarked that some of the towns above men- tioned had been incorporated in the previous session by act of June 5th, whicli declared Nacogdoches, San Augustine, Texaua, Washington, Brazoria, Columbia, Velasoo, Richmond, Matagorda, Columbus in Colorado county. Independence in Washington coxmty, Houston, Bejar, Nashville, Sarahville, AnShuac, Bevilport, and Harrisburg, were aU declared incorporated towns, as was abo Liberty two days later. INDIAN DIFFICULTIES. 311 engaged in, which did not always result in victory for the Texans. The fight most disastrous to the white men took place in Navarro county, in the fall of 1838. Captain William M. Love, with a party of twenty- four men, while engaged in a land-locating expedition, met a large number of Indians, who declared their intention to kill them if they did not desist from their survey. Love, with another man, at this juncture, returned for a compass to supply the place of one which had got out of order, leaving urgent injunctions to his comrades to desist from their work and join the Indians in buflfalo hunting until their return. Love's advice was neglected ; the Indians, true to their word, attacked the Texans and killed seventeen of them. The Indians lost three times that number. Tliis en- gagement became known as the fight of Battle Creek.'*' On October 25th of the same year, Colonel Ned en- gaged in a fierce battle at Jose Maria village, later Fort Graham, with the Comanches, General Rusk having a few days previously, at the head of 200 men, fought with a combined force of Indians and Mexican marauders at the Kickapoo town, near Fort Houston, on the Trinity. In both these conflicts the savages were defeated. According to the report of the commissioner-general of the land-office, 10,890 certificates had been issued by the different county boards up to November 1, 1838, representing 26,242,199 acres, whde the secre- tary of war reported that up to October 15th, 2,990,000 acres had been distributed to soldiers as land boun- ties." The issues of land scrip amounted to 2,193,000 '^ An account of it is given in Tex. Aim., 1868, 52-3. Further particulars •with regard to Indian affairs, will be found in Niles' Reg. liii., index, p. vii., Id., iv. 19, 65, 69, 98, 178, 198, 215; Houston's Mess. Ind. Aff., INov. 19, 1838; Pinmt's Tex. Col. Doc., Nos. 19, 65, MS. Filisola, Mem. Ouerra Tex., ii. 131-5; Tex. Misc. Pamph., Nos. 11, 13. *' Owing to defect in the laws regulating bounty lands, many instances had occurred of a soldier claiming twice the amount it was intended that he should receive. Enlisting for a definite period, he obtained his discharge and received his land; then reenlisting, he claimed the same amount again. Heport of Sec. of War, in Tex, Misc. Pamph., no. 7, p. 13-14, 28; Oouge, Fisc. Hist. Tei-., 82-3. 312 THE REPUBLIC OF TEXAS. acres, of which scrip to the amount of 870,000 acres had been returned by the agents, and a portion repre- senting 60,800 acres had been funded. In a financial point of view, the outlook was bad. The public debt had been increased, and the credit of the republic was well-nigh exhausted. On June 7, 1837, an act was passed for funding the debt, by the provisions of which the government stock thereby created should bear an interest of ten per centum a year, and be redeemable at the discretion of the gov- ernment at any time after September 1, 1842. Two days later, another act authorized the president to issue promissory notes to the amount of $500,000, which were made receivable in payment of dues to the government. From the report of the secretary of the treasury, November 3, 1838, it appears that the funded debt amounted to $427,200, consisting of military scrip in the sum of $396,800 and land scrip of $30,400. With regard to promissory notes, a bill was passed through both houses early in May author- izing the issue to be increased to $1,000,000. This act the president vetoed, and in his message on the subject urged as his main reason the depreciation which such notes had already suffered in the money market." Another bill was then introduced, author- izing the president to reissue the promissory notes as they returned into the treasury, and leaving the ques- tion of increasing the issue to $1,000,000 to his discre- tion. After some discussion the bill was passed, Mav 18th, and approved by Houston. The amount of promissory notes in circulation at the end of Novem- ber 1838, according to a communication from the sec- retary of the treasury to the senate, was $739,739.** As the unpaid audited claims amounted to over $775,000, it appears that the indebtedness of the re- '^ ' A^Hien the first issue reached New Orleans last autumn, it was passed at a slight discount, but as the Quantity increased in that market, the depre- ciation increased, until the value of the paper was reduced to forty cents ou the dollar.' HovMnn's iVcisage, May 12, 1838, in Tex. Mhc. PampL, no. 10. '"The communication bears the date of Nov. 29, 1838; copy in Id., no. 9. riNANCIAL AFFAIRS. 313 public at the close of 1838 was nearly $1,942,000." Notwithstanding this debt and the diminution of in- come by making the promissory notes receivable in payment of public dues, the prospects of relief were not wanting. A deep interest was taken in Texan securities by persons in the United States; from im- port duties, up to September 1838, the net receipts had amounted to $278,134, and this source of revenue was expected proportionately to increase with the rap- idly increasing population and commerce. Gouge, in his Fiscal History of Texas, sneers at the financial op- erations of the new government; but it is difficult to conceive by what other methods it could have main- tained itself during this period of poverty and neces- sity. By a provision of the constitution, the term of office of the first president was limited to two years, without his being eligible to reelection; succeeding presidents were to hold their office for three years. Houston's term consequently expired on the second Monday in December 1838. The elections were held on Septem- ber 3d, the candidates being Mirabeau B. Lamar, Peter W. Grayson, James Collingsworth, and Robert Wilson. Before the election, Grayson and Collings- worth put an end to their lives, the former at Bean's station in Tennessee, and the latter by throwing him- self from a steamer into Galveston Bay.'* Mirabeau B. Lamar was chosen president almost unanimously,'^" and David G. Burnet, vice-president. *'The exact amount for the fiscal year ending Sept. 30, 1838, was 11,886,425. Sec. of Treasury's Repcn-t, Nov. 3, 1838; Yoakum, ii. 249. Consult Gouge, ut»up., 115. ^ The canvass was a very bitter one, and the Texan newspapers abounded in recriminations and abuse in the political discussion. Yoakum., ii. 245, itO; Thrall, 300, 528, 546. John A. Wharton, member of congress from Brazoria, also died this year. 69The votes cast were: for Lamar, 6,995; for Wilson, 252. Id., 300. CHAP PER XIII. LAMAB'S ADMINISTRATION. 1838-1841. Presidents' Views on Annexation — His Message to Congress — Origin OF the Texan Kangers — Financial Matters — Hamilton 'b Mission to Europe — His Failure to Effect a Loan — Indian Warfare — The Nacogdoches Revolt — Mexican Intrigues — The Mission and Death of Flores — Expulsion of the Cherokees — Fight at San Antonio — Ajj Indian Raid— Massacre of the Comanches — The Federal Campaign — Baitle of Alcanteo — Republic of the Rio Grande Proclaimed — Treacherous Allies — Battle of Saltillo — The Santa Fe Expedition — Its Object and Disastrous Result — ^The New Capital — Recognition BY France and England — Relations with Mexico — English Media- tion Rejected — Houston Re-elected President — Condition of the Republic. President Lamar delivered his inaugural address to congress on the 9th of December. The most note- worthy portion of it is that in which he expressed his views in regard to annexation to the United States. On that subject he said: "I have never been able myself to perceive the policy of the desired connection, or discover in it any advantage either civil, political, or commercial, which could pos- sibly result to Texas. But on the contrary, a lono- train of consequences of the most appalling character and magnitude have never failed to present themselves whenever I have entertained the subject, and forced upon my mind the unwelcome conviction that the step once taken would produce a lasting regret." He then ermmerates the rights which Texas would have to give up with the surrender of her independence, and draws a bright picture of her possibilities as a sovereign nation, remarking that he could not "regard the annexation of Texas to the American (314) PRESIDENT'S MESSAGE. 315 union in any other light than as the grave of all her hopes of happiness and greatness.'" On December 21st he submitted his message to the two houses. It is a lengthy document and sets forth unreservedly the president's future line of policy. He advocated the speedy adoption of measures to provide for a system of public education, and urged congress to promote a general diffusion of knowledge and in- dustry by the appropriation of lands for educational purposes and the establishment of a university. The municipal code, which embraced a portion of two systems discordant in their provisions required reforms. With regard to the frontier question, he said, that the outlying settlers were continually exposed tp predatory aggression on the part of Mexican banditti and the barbarous warfare waged by hostile Indians; that moderation extended to the natives had been followed by the perpetration of atrocious cruelties; a merciful policy had only acted as an incentive to savage tribes to persevere in their barbarities, and it was time that an exterminating war was opened against them, which would " admit of no compromise, and have no termination except in their total extinction, or total expulsion." He did not consider that the government was under any moral obligation to carry out the con- ditions of the " solemn decree" passed November 13, 1835, by the consultation,'' and the treaty made con- sequent upon it in February, 1836, inasmuch as the Indians had repeatedly violated its provisions. Friendly tribes should be allowed to occupy suitable portions of land. For the protection of the frontiers, he proposed the establishment of a line of military posts, and as a general protection of the country against possible invasion by Mexico, the organization of a militia, and the encouragement of volunteer asso- ciations. ^ Lamar, Inmig. Address, in Tex. Misc. Pa/mph., no. 12, '■' See note 40, chap, ix, this volume. 316 LAMAR'S ADMINISTRATION, Lamar discussed at length the subject of finance. Though opposed to levying burdensome taxes on a people still struggling to repair the desolation caused by the war, or laboring under the embarrassments incident to new settlements, the exigency of the times, nevertheless, urgently required that the land tax should not be abated. Lands, however, ought to he more equally and uniformly assessed. While admitting the same necessity for continuing the tariff laws, under the existing straitened circumstances of the govern- ment, he expressed his decided bias for free trade. "I look forward," he says, "to a period, I hope near at hand, when we shall be able, and will find it to be our interest, to invite the commerce of the world to our free and open ports." "The radical policy cf Texas is anti-tariff, because its commercial commodities are of raw material which fears no impost rivalrj', and paying no contributions to manufactories." The im- mediate adoption of free trade would, however, exhibit a recklessness and imprudence, which would not fail to affect the credit of Texas abroad. He then proposed the establishment of a national bank to be "the exclusive property, and under the exclusive control of the republic," branches of which were to be established at every convenient point. Such a bank, he maintained, would be supported by the triple security of the hypothecation of a com- petent portion of the public domain, the guarantee of the plighted faith of the nation, and an adequate deposit of specie in its vaults." With regard to the deposit of specie he remarks: "It is evident, that a bank so constituted, the exclusive property of a stable and popular government, and combining the three guarantees, of land, specie, and the public fiiitli, would not require to retain in its vaults as large a proportion of dormant capital as is acknowledged to * He does not, however, state where the specie was to come from. See the remarks of Gouge on this illusory scheme, which, if carried out, would have entailed untold evils on the people of Texas. Fisc. Hist. Ttx., 87-92. MILITAKY AND FINANCE 317 be indispensable to the safe conduct of a private insti- tution.'' In order to follow consecutively the financial policy whicli ruled during the administration of Lamar, it will be necessary to furnish the reader with the most important particulars down to the end of his term. On December 21, 1838, it was enacted that a regi- ment of 840 mounted men, rank and file, should be raised for the protection of the frontiers, their term of service to be three years; and that $300,000 in promissory notes of the government should be appro- priated for that purpose. On the 29th it was pro- vided that this force should be increased by another regiment consisting of 472 mounted volunteers, rank and file, for which an appropriation was made of $75,000. These volunteers were called to serve foi six months, and to these corps is ascribed the origin of the famous Texan Rangers who, drawn to a great extent, from the frontier settlers, formed a bulwark to the interior settlements as very successful Indian fighters.'* On January 26, 1839, 112 additional rang- ers were ordered to be raised, a sum of $1,000,000 having been appropriated two days previously for the protection of the frontier and general military pur- poses. As a Texan navy no longer existed, on January 10th a contract made by agents of the republic with General James Hamilton for the purchase of the steam-ship Zavala for the sum of $120,000 was sanctioned by act of congress; and on the 26th $250,000, in promissory notes of the government, were appropriated for the payment of the price of an aighteen-gun ship, two war brigs of twelve guns each, and three schooners of six guns each. *Wliich is equivalent to saying that the establishment could be main- tained by paper money of the public credit without anxiety about the amount of metallic deposits. A bill to incorporate the Bank of the Republic of Texas was read a second time, January 21, 1839, and then laid on the table. ^Marey, Thirty years of Army Life, 63; Hay's Life, 7-11, 17, 33. 318 LAMAB'S ADMINISTRATION. A supplementary act was passed, January, 22d, bearing upon the $5,000,000 loan authorized to be raised by act of May 16, 1838. By provisions of the first mentioned enactment the pledges of security were strengthened. The president was authorized to affix the seal of the republic to bonds or certificates of stock issued, and when the government should deem it expedient to sell the public lands, $300,000 of the proceeds were to be annually set apart, and a sinking fund formed for the redemption of the loan. On the same day the president was authorized to issue bonds to the amount of $1,000,000, at eight per centum per annum. The IJnited States had lately passed through a crisis in banking speculations. All reliable banks were extremely cautious at this time, and Texan securities were not regarded by their managers as worth investing in. It was, therefore, necessary to look to some other country for relief Accordingly, General James Hamilton, of South Carolina, who had shown himself a warm friend of Texas, was offered the appointment as commissioner to Europe to procure the loan. He accepted the position and his mission being known in the United States a loan was obtained of $280,000, dependent on his eventual success. But of this amount little more than $62,000 was received in the treasury, the balance being in- vested in arms and supplies for the forces now en- gaged in opposing the serious inroads of the Indians. Hamilton went to London and Paris, but while his negotiations were being conducted with every proba- bility of success — having reported, February 4, 1840, that he had "concluded a contract with the bank of Messrs J. Lafitte & Company for the Texan loan" — a quarrel occurred between M. D. Saligny, and the French minister to Texas, ° and an hotel-keeper in ^ It is necessary to state that France recognized the independence of Texas, and signed, Sept. 25, 1839, a treaty of commerce and independence. Foumel, 21; Barky, Tex., 5; Kenmihj, ii. 346-8. Consult Niks' Re(j., liv. 321; Ivii. 1, 66, 120, 132, 150, 256; also fd., box. 404:-5, regarding corres- PUBLIC INDEBTEDNESS. 319 which the Texan minister of state became involved. Saligiiy was the brother-in-law of the French minis- ter of finance, and as the protection of French gov- ernment had been procured for the negotiation of the loan in France, the representations of Saligny were sufficient to upset previous arrangements. Owing to this ridiculous personal quarrel ' Hamilton failed. He was equally unsuccessful in England. Meantime treasury notes had been issued and re- issued as fast as they came in in payment of import dues. The credit of Texas now became exhausted. Bad as was her financial condition at the beginning of Lamar's presidency, when the end of his term arrived it was infinitely worse. Gouge states that as far as it can be ascertained, the public debt increased, during his three years of service, from $1,887,526 to $7,300,000, and the securities, which at the time of his entry into ofiice were at from sixty-five cents to eighty-five cents per dollar, were not worth more than fifteen to twenty cents." Though Lamar's administration, in a financial point of view, cannot be looked upon as a success, consider- ation must be allowed for his position. The greatest difficulty which he had to contend with at home was the hostile and aggressive attitude of the Indians on poudenoe between the U. S. minister at Paris and the French minister of foreign affairs regarding Texas. A protest was entered by Mexico against the above recognition. Mex. Mem. Gwirra, 1840, 4G-9; Mex. Mem. Relac. Exter., 1840, in Diario del Gob. Mex., May 20, 1840, in Mex. Mem. Min. Rel, i. Doc. 12. 'See Gouge, utsup., 108-11. ^ Consult Mennican Hunt's Address, Nov. 30, 1848, 4^6, in which he remarks in a foot-note that ' the large appropriations and issues of treasury notes under Lamar's administration were made in anticipation of the $5,000,000 of bonds which were authorized by one law, and the §1,000,000 of bonds authorized by another. Gouge's statement with regard to Texan securities is at variance with Pres. Houston's assertion that promissory notes had de- preciated to forty cents on the dollar. This assertion was made in his mes- sage of May 12, 1838. It is not easily to be understood how the government scrip, after an increase of issue, could ever have doubled its value. From the first issue of the treasury notes the credit of Texas declined. Finding her paper obligations had no effect in raising it, and during the period of her republican existence, the financial operations of her government were never successful. 320 LAMAK'S ADMINISTRATION. the frontier. New-comers were very careless about making encroachments, and frontier-men were fearless of risks. Provided that they could obtain rich land, they were prepared to take the chance of holding it against the savages. A great immigration into Texas, after the battle of San Jacinto and Santa Anna's sub- sequent pledges, had taken place ; speculators invested in the government scrip, and settlers flocked into the country in such numbers that their influence overpow- ered that of the pioneers. The new-comers, in their greediness to grasp the best lands, pushed forward into domains occupied , not only by friendly Indians, but by hostile tribes. The speculator with his sur- veyor penetrated into districts which hitherto had been admitted to be the hunting-grounds of the native race. It is not diflScult to draw the conclusion. Though Texas was relieved from fear of invasion by her na- tional foe, her borders became subject to ceaseless ir- ruptions made by Indians. It is beyond the scope of this work to enter into details of this frontier warfare, or describe the many atrocities committed, the hard- contested struggles, and the numerous exhibitions of personal courage on both sides. Many a household was made desolate, women and children being carried into captivity worse than death. Many a time the rangers fought and beat thrice their number, and many a deed of individual heroism remains unrecorded. The narration, however, of the main events cannot be omitted. During the latter part of 1838, a revolt occurred, which has been called the ISTacogdoches re- bellion. In August of that year the Mexican settlers assembled in considerable numbers on the banks of the Angelina, and being joined by 300 Indians, by the 10th their force amounted to 600 men, under the leadership of Nathaniel Norris, Vicente C6rdova, and others. President Houston, who was then at Nacog- doches, received a communication from these leaders, disclaiming allegiance to Texas ; the malecontents then directed their march to the Cherokee nation. A INDIAN WARS AND REVOLUTION. 321 requisition for men having been made, General Rusk was sent forward with the main body toward the headquarters of Bowles, the Cherokee chief, while Major Augustin, with a detachment of 150 men, fol- lowed the trail of the malecontents. Rusk presently discovered that the Mexican leaders had gone to the head-waters of the Trinity river, his followers had dispersed, and many of them returned to their homes without any blood being shed.' The object of this curious attempt at revolution has never been fully explained, but the leaders soon recognized the hope- lessness of it. Cordova had been in correspondence with the enemy at Matamoros, and appears to have held a commission from Filisola '" to raise the Indians as auxiliaries to the Mexican army. Early in 1839, Filisola was suc- ceeded by General Canalizo, who, on February 27th, issued instructions to the captains and chiefs of the friendly nations, incitiag them to wage incessant war against Texas, and laying down a plan of campaign for their guidance. Mexico, he said, being engaged in war with France, could not at present resume oper- ations against the revolted province, but the friendly tribes had it in their power to prevent the enemy from taking advantage of fortunate circumstances. They were, however, cautioned not to advance too near the frontier of the United States, but should occupy the line of San Antonio de Bejar, about the Guadalupe,, and from the heads of the San Marcos to their mouths. This position would have the advantage of keeping the enemy in front, and a friendly nation in the rear, besides cutting off the enemy's commerce with the in- terior of Mexico, and furnishing abundant spoil. They were "not to cease to harass the enemy for a single day; to bum their habitations; to lay waste their fields, and to prevent them assembling in great num- ' Houston issued a proclamation, Aug. 8th, requiring them to return to. their homes, under penalty of being declared enemies of the republic. R(dt~ Imidcr, Sept. 1838, in Yoaleum, ii. 245-6. 1" Filisola had been reinstated in his command on the Rio Grande Hist. Mex. States, Vol. II. 21 3'2l' LAiXAR'S ADMINISTEATION. bers, by rapid and well-concerted efforts." In case they should succeed in uniting in a considerable num- ber, they were to be harassed day and night, and oper- ations to be directed with the greatest vigor against distant points." Such was Canalizo's plan to launch against Texas a thunderbolt of desolation. Manuel Flores was ap- pointed commissioner to the Indians, and provided with letters of a like tenor to the principal chiefs and Cordova, who was instructed to concert with him in conducting the proposed operations. Happily for Texas, an event occurred which warned her of her danger, and prevented the dire plot from being carried into effect. Flores started on his mission, and on May 14th passed between Bexar and Seguin with a party consisting of twenty -five Mexicans and Indians. Having committed several murders, they were pur- sued by Lieutenant James O. Rice, with seventeen men, and were overtaken about fifteen miles from Austin. In the engagement which followed, Flores and two of his marauders were killed, the rest being- put to flight. By this fortunate result, Canalizo's correspondence and instructions fell into the hands of the victors, and the whole plot was revealed to the Texan government. A considerable quantity of am- munition and over 100 mules and horses were also captured.'^ Lamar's Indian policy, as the reader is aware, was the very reverse of that of the previous ad- ministration. But conciliatory measures were no longer possible; pioneers would push forward into lands occupied by native tribes, and the Indians would take their revenge. Texas was no exception to the rule that wherever the aboriginal American and the European came in contact, the former had to give '^ Copy of these instructions will be found in U. S. Sen. Doc. , cong. 32, sess. 2, no. 14, 31-2. '■^ Some of the intercepted letters were addressed to the chiefs of the Cad- does and Seminoles, and to Big Mush and Bowles of the Cherokees. Id. , 27, 35; Yoahim, ii. 257-60. CHEROKEES. 323 way The lands occupied for many years by the Cherokees became subject to similar invasion. Their title had never been disputed. They had been recog- nized by the Mexican authorities, had never intruded on the whites, and in a great measure had become an agricidtural tribe. But their territory "in point of richness of soil, and the beauty of situation, water, and productions would vie with the best portions of Texas." '' Their lands were consequently encroached on, and the usual retaliatory murders followed. When, how- ever, the papers of which Manuel Flores was bearer to the chiefs of the Cherokees came into the posses- sion of the government, it was determined to remove the tribe. Colonel Burleson, from the Colorado, Colonel Landrum, with his regiment from eastern Texas, and General Rusk, with the Nacogdoches regiment, were ordered to invade the territory, and accordingly took up positions near the Cherokee vil- lage about the middle of July. The whole force, about 500 men, was placed under the command of General Douglass. Negotiations for the peaceable removal of the tribe to Arkansas whence they had migrated, having failed, on July 15th Douglass advanced against the Indian camp, on arriving at which he found that the Indians had retreated higher up the river. Being pursued the Cherokees took up a position in a ravine from which they were driven at night-fall, with the loss of eighteen killed, the Texans having three killed and five wounded. On the follow- ing day the pursuit was continued, and the Indians were overtaken in the afternoon, having strongly posted themselves in a ravine protected in the rear by a dense thicket. A well contested engagement of an hour and a half ensued, but the Cherokees, after los- ing about 100 men in killed and wounded, were dis- lodged from their position and put to flight, taking '^ Thus writes Gen. Douglass in his reports referred to in the secretary of war's report, Nov. 1839; Yoakum, ii. 270. 324 LAMAR'S ADMINISTRATION. refuge in the thickets and swamps of the Neches bottom. Among their dead was the famous chief Bowles. The Texan loss was five killed and twenty- seven wounded. About 800 Indians were engaged in these two contests." Thus were the Cherokees driven from their homes and cultivated fields ; more- over, the crops of other civilized Indians were de- stroyed, under the natural belief that they were being raised in order to cooperate with the Mexicans." But the expelled owners did not all leave the country; Cherokees were encountered on the western bank of the Colorado; and depredations on the frontier con- tinued. The nativb tribes were deeply exasperated against the Texans. The most hostile and troublesome Indians were the Comanches, and their depredations exceeded those of all other tribes. In February, 1840, they showed a disposition to make a treaty of peace, and on ^larch 1 9th twelve of their principal chiefs met the Texan commissioners in council at Bejar, where General H. D. McLeod was in command. It was known that the Comanches had thirteen white captives in their power, and the release of these was demanded. The Indians produced only one, a little girl. After a brief discussion, in which the Indians displayed a defiant demeanor, an order was sent to Captain Howard, to bring his company into the council-room, and as soon as the men had taken their position, the chiefs were informed that they would be detained as prisoners until the captives were surrendered. A terrible con- flict ensued. The twelve chiefs, who were fully armed, were killed in the council-room, while the warriors in the yard outside maintained a desperate fight. All were finally slain, either there or in the pursuit. Thirty-two Indians were killed and twenty- "M, ii. 267; Kennedy, ii. 341-4. '^Gen. Douglass says: The Cherokees, Delawares, Shawnees, Caddoes, Kickapoos, Biloxies, Creeks, Ouchies, Muskogees, and some Seminoles, had cleared and planted extensive fields of corn, beans, peas, etc., preparing evidently for an efficient co-operation with the Mexicans in a war with this country, Sec, of War's Report, Nov. 1839. COMANCHES. 325 seven women and children made prisoners. The Texans had seven killed and eight wounded." Maddened by the loss of so many of their chiefs, and what they deemed an infamous act of treachery, the Comanches returned to their homes to prepare for revenge. On August 4th, a body of them, 600 strong, , suddenly appeared at Victoria, surrounding the town before their presence was known. Their attack was, however, repulsed, and they then turned their at- tention to driving off the horses and stock, and mur- dering all those who fell into their power, A second attack on Victoria also failed, and on the 8th they crossed the Guadalupe and sacked and burned Linn- ville, most of the inhabitants escaping on a lighter in the bay. Having thoroughly raided the neighborhood of Victoria and Linnville, and killed twenty-one persons, the Comanches retired toward their homes, with a large number of horses and an immense quan- tity of booty. Meantime their trail, as they had passed down the Guadalupe, had been discovered, and a force, quickly raised at Gonzalez, was in hot pursuit. On the 9th, the Texans — ^who had proceeded to Victoria — came up with the Indians, and a slight skirmish took place. But the Comanches declined a general engagement and continued their retreat. The news of their inroad, however, had spread through the settlements, and a large number of volunteers was posted at Plum Creek," to intercept them on their return, General Felix Houston in command. On the 12th the approach of the Comanches was reported by the scouts and preparations were made to recieve them. In the conflict which followed the Indians were completely routed, and scattering, were pursued for fifteen miles, up to the San Antonio road, leaving from fifty to eighty dead on the line of their flight. Several hundred horses and mules with packs and i^From Gen. McLeod's official report, Baker's Tex., 154-5. " Plum Greek, a tributary of the San Marcos, was some distance beyond the settlement of Gonzalez, 326 LAMAR'S ADxMINISTBATlON. baggage were recovered by the victors. " The Texan government now determined dire revenge on the Comanches. On October 5 th Colonel John H. Moore, with ninety Texans and twehe Lipan Indians, were sent up the Colorado in pursuit of those who escaped at Plum Creek. Pursuing a devious course for many days in search of the trial-, he at last found it on the Red Fork of the Colorado, and on October 23d his Lipan spies discovered the Comanche village. At daybreak on the following morning the Texans made their attack. The Indians, unprepared to fight, fled to the river on their approach, a murderous fire being opened upon them. Many were shot or drowned in the stream, while those who succeeded in crossing it met their death at the hands of a detachment that had been sent across under Lieutenant Owen. Lamar's system of extermination was well carried out. Men, women, and chUdren alike were put to death. The work of annihilation in the village lasted half an hour, and the pursuit was continued about four miles. Having killed 128 of both sexes, the Texans, who had only two wounded, spared the lives of thirty-four captives. When the massacre was ended the village was burned to the ground, and Moore, having collected 500 horses, re- turned to Austin, where he arrived November 7th, one of his men having died on the road." Although the revolutionary movements of the fed- eralists were one of the causes which secured for Texas so long an interval of peace, she was not left entirely out of the influences of them, extending as they did to the states bordering on the Rio Grande. General Canalizo's force at Matamoros at the end of this year did not exceed 1,500 men," and they were ^^ Linn's Seminis., 298-9, 338-44; Yoakum, ii. 29e-30-t. These writers are not in accord as to the exact date of the attack on Victoria. Linn was present at Victoria in that town on the occasion, and I consider his account in all respects reliable. " Moore's report, Nov. 7, 1840. Yoakum, ii. 304^5. ^ 'En Matamoros solamente se eucontraban 1,500 hombres almando del general Canalizo.' Rivera, Hint. Jalapa, iii. 429. BATTLE OF ALCANTKO. ;t27 principally occupied in holding the federalists in check. In the spring of 1839 General Anaya, who was looked upon as the chief of the federalist party, visited Texas in person, and made certain propositions to the government on condition that permission were granted him to convey arms for the federalists through the territory and raise troops therein." Both requests were refused ; but there is little doubt of the anxious- ness on the part of the northern federalists to enter into a coalition with Texas, from the fact that they deputed Francisco Vidaurri, governor of Coahuila, to make overtures of alliance between Texas and the states of Nuevo Leon, Tamaulipas, Coahuila, Chihua- hua, New Mexico, Durango, and the Californias, and separate from the rest of the Mexican states. "" Though these overtures were not accepted by the Texan government,''^ many people in Texas were in favor of the formation of such a republic. Some time later General Antonio Canales, Colonels Jose Maria Gonzalez, and Antonio Zapata, who were engaged in revolutionizing the northern towns, estab- lished themselves for safety at the town of Lipantitlan on the Nueces river, with a number of followers. There Canales issued a proclamation inviting the Texans to join him. Having united a number of Mexicans, and about 180 Texans under Colonels Reu- ben Ross and S. W. Jordan, on September 30, 1839, with a force of 600 men, he crossed the Rio Grande, and marched against Guerrero, then occupied by Gen- eral Pavon with 500 regulars and four pieces of artil- lery. Pavon, however, retreated toward Mier and ''■^Id., iii. 427-8. The recognition of the independence of Texas was doubtless promised by Anaya in case centralism was overthrown. The periodical, La Enaena, published in the Mexican capital, urged it, and a large number of Mexicans, recognizing that reconquest was impossible, was in favor of the same. ^2 Taken from the Houston Telegraph, in Niks' Reg., Ivii. 19. ^ Perhaps there was some truth in Rivera's remark that the Texans had no wish to mix themselves up in the domestic quarrels of Mexico, but while strengthening themselves leave her to grow weaker. Hist. Jalajpa, iii. 428. He nevertheless states that the Texans wished to form a North-Mexican republic. 328 LAMAR'S ADMINISTRATIOK. Canales occupied the town October 1st. On the 3d Pavon, who had taken up a position about twelve miles southwest of Mier, offered battle. In the en- gagement which ensued, nothing could restrain the impetuosity of the Texans who, in defiance of the orders of Ross and Jordan rushed within point-blank range of the enemy, and opened fire, while their Mex- ican allies coolly looked on. Whereupon Ross and Jordan gave the order to charge. In twenty minutes the Texans had carried everything before them, and the centralists were in full flight. The victory cost them fourteen in killed and wounded, while the enemy's loss was about 150 in all. This engagement is known as the battle of Alcantro. Pavon, owing to the confusion and incapacity of Canales, made good his retreat to a stone rancho five miles distant ; but on the following morning, being without water or pro- visions, surrendered to the Texans. The artillery and 350 prisoners fell into the hands of the federalists. The advantages of this achievement were en- tirely lost by Canales, who after remaining inactive at Mier for forty days marched against Matamoros, his force having increased to over 1,000 men. On December 12th he laid siege to the place which was defended by 1,500 men and 18 pieces of artil- lery. Of course he effected nothing, and on the 16th declared his intention of raising the siege. This decision disgusted both the federalists and Texans, the latter of whom offered to lead as a forlorn hope in storming the place. The proposal was rejected and Ross with fifty Texans returned to their homes. Canales then directed his course to Monterey where General Arista commanded. On December 23d, hear- ing that the centralist general had received a large reenforcement, he entrenched himself within six miles of the city, and in the morning was confronted by Arista with an army of about 2,000 men. A few insignificant skirmishes took place, but Arista seems not to have been anxious to draw on an engaafement EEPUBLIC OF THE RIO GRANDE. 329 while the Texans were in the opposing ranks. He succeeded, however, in detaching by intrigue most of Canales' troops. Compelled to retreat, he recrossed the Rio Grande with the Texans and a few faithful Mexicans, January 7, 1840, when forty -five of the former returned to their homes. The force of Canalea was now very small, yet he issued a proclamation calling a convention of dele- gates to organize the republic of the Rio Grande. This was done, January 18th, Jesus Cardenas being chosen president and Canales commander-in-chief. Having received some addition to his force Canales proceeded to Guerrero, where he remained till Febru- ary 18th, and then went to the old presidio of Rio Grande. Here Jordan, with sixty Texans, displeased at his refusal to march to the Nueces for reenforce- ments, left him, and returned to Texas. After this Canales advanced to Morales where he sustained, March 15th, a severe defeat at the hands of Arista and barely escaped into Texas. After these disasters and his repeated exhibitions of bad generalship, it is astonishing that he should have met with any more encouragement in Texas. Nevertheless, having fixed his headquarters at San Patricio, and raised the banner of the Republic of the Rio Grande, by June he was again joined by Jordan with 110 volunteers, by Colonel William S. Fisher with 200, and Colonel John N. Seguin with 100. These, with 300 Mexicans, raised his force to 710 men. He now set out on a third expedition, Jordan with his command and 150 Mexicans under Colonels Lopez and Molano being sent in advance of the main army. What his object was in thus divid- ing his force, and especially the Texans, is inexplicable. I can only suppose that he was influenced by Lopez and Molano, whose treachery became evident by sub- sequent events. Jordan, unconscious of any design to destroy him, successively occupied Laredo, Guerrero, Mier, and 330 LAMAR'S ADMINISTRATION. Camargo. Induced by the representations of Lopez and Molano he then pushed rapidly forward into the interior, leaving Camargo June 26th. Tula, Morallo, and Linares were in turn occupied, and on August 17th the federalists entered Victoria, the capital of Tamaulipas, where they were received with demon- strations of joy. Here a new state government was established and some time was spent in recruiting. Reports having arrived that Arista was approaching with a strong force, Lopez and Molano decided to retreat to the mountains, a movement so strongly opposed by the Texans, that the army was halted three miles from Victoria and took up a position in which it remained for a week without the enemy ap- pearing. It then proceeded to Jaumare, a mining town in Sierra Madre, and a counsel of war having been held, it was decided to march against Saltillo. The route was unknown to the Texans, and Lopez and Molano were really conducting them toward San Luis Potosi. Fortunately all the Mexicans were not so treacherous, and Jordan was secretly informed by Captain Peiia of the direction in which they were marching, whereupon the Texans insisted upon their course being altered. In twelve days they arrived at the hacienda del Potosi, one day's march from Saltillo, where Jordan received an express from a friend at Victoria informing him that he was betrayed, and that the Mexican leaders for a sum of money had en- gaged to place the Texans in such a position that they would be overwhelmed by the enemy. They now prepared for the worst, and on October 23d set out for Saltillo. Three miles south of the city the enemy was discovered entrenched on a hill; whereupon the federalists took up a position on an eminence sepa- rated from it by a ravine. The centralist army was 1,000 strong, with two nine-pounders; that of the federalists, 335 strong, consisting of 110 Texans, 150 mounted rancheros, and 75 infantrv. At one o'clock in the afternoon the FEDERALISTS AND CENTRALISTS. 33 r centralists under generals Vasquez and Montoya pre- pared to attack. The Texans, convinced of the in- tended treachery of their allies, at once moved rapidly along the ravine and took possession of an old haci- enda within 150 yards of the enemy's entrenchments. The infantry being ordered to occupy a stone house on their left, unhesitatingly marched over to the enemy. And now the centralists opened fire with their artillery upon the position of the Texans. At the first shot, Lopez rode over to them with the ran- cheros under his command, taking with him the am- munition of the federals. The situation of the Texans was desperate. Yet, deserted as they were, and with no more ammunition than that which they had on their persons, they determined to fight to the death. For some time the enemy's guns played upon them, but, crouching low behind the old walls, they suffered no harm. At four o'clock the centralists advanced to the assault. Hitherto the Texans had not fired a shot • — they had no powder to waste in long range practice. When, however, the assailants had advanced to within thirty yards of the walls, they rose, and with a shout of defiance poured into them a dreadful volley, every bullet striking its human mark. But the enemy fought well. The inhabitants of Saltillo, informed that the triumph of the centralists was certain, had sallied forth, men, women, and children, to witness the combat, and column after column, encouraged by their cheers, advanced to the attack, only to be suc- cessfully repulsed by the withering fire of the Texans. At length the centralist ranks became disordered and demoralized. A panic followed, and the soldiers fled to Saltillo, with thousands of frantic spectators, in the utmost confusion. They left 408 men dead on the field — few were the wounded on that day — their two guns, and a great quantity of small arms and ammu- nition. The Texans had five killed and seven wounded. Jordan, after this victory and experience in Mexican good faith, wisely took up his retreat to Texas. On 332 LAMARS ADMINISTRATION. tis route, he encountered a body of the enemy's cav- alry, 400 strong, which charged him on an open plain. But the rifle soon put them to flight, and he and his heroic band reached the Rio Grande without mishap. Meantime, Canales had effected nothing. After the departure of Jordan, he crossed the Rio Grande and marched against the small town of San Marino, in eastern Tamaulipas. Finding that a centralist force was near that place, he retreated to Camargo, where having remained for some months in comparative in- activity, he finally entered into a capitulation with Arista, in November, by which he submitted to the government and surrendered up his arms and ammu- nition. He stipulated, however, for the lives and lib- erty of his Texan auxiliaries." Thus ended the attempt to establish the Republic of the Rio Grande, a scheme which, wholly ignored by the Texan government, may be regarded as a chimerical aspiration of the northern federalists. It nevertheless decoyed into their ranks a number of adventurous Texans, and was undoubtedly of service in keeping the Mexican forces occupied, thereby pre- venting invasion. It has already been mentioned that Texas claimed the Rio Grande to its main source as her boundary line. The claim was a thoroughly arbitrary one, nor had any attempt been made by the government to establish jurisdiction over that portion of New Mexico lying within the limits defined by the act of December 19, 1836. But in 1841 an expedition to Santa Fe was projected, which, it was hoped, would lead to the acquirement of that territory. Congress not having made an appropriation for the regular army, it was disbanded, and many adventurous men, thus thrown on their own resources, were very anxious to take ^'' Pratt's Notes of the Federal Campaign of 1839-40, closely followed by Yoakum, ii. 274-9, 288-97; Bustamante, Manif, in Pap. Var., 185, no. 1; Rivera, Hist. Jakvpa, iii. 440, 441-2, 465-6; Thrall, 307-10; Niks' Reg., lix. 225-6. EXPEDITION TO SANTA FE. 333 part in such an enterprise. The project was recom- mended by the secretary of war, who propo&ed the opening of a military road from Austin to Santa Fe, and it was regarded with especial favor by Lamar. An extensive trade had been carried on for many years between the latter place and the United States through St Louis, and it was expected that it would be di- verted and take a direction through Texas if that as- sumed portion of her territory could be conciliated and united by the bonds of commercial interests. The scheme was an ill-digested one. Between the settled districts of the two sections extended a region 600 miles in width, uninhabited except by roaming hordes of savages; the population of Santa Fe was entirely Mexican, under Mexican rule, and the governor, whose power was autocratic, would not be likely to sanction any change that would affect his petty sovereignty. In the spring of 1841, active preparations were made for the expedition, which was organized on a military basis. The friends of the movement intro- duced a bill into congress which, if passed, would have authorized it and provided a portion of the necessary outfit. The bill, however, was rejected in both houses. The responsibility of the undertaking, which thus wanted the sanction of law, rests therefore upon La- mar," who officially supported it, and addressed a proclamation to the authorities at Santa Fe setting fortla the object of the expedition. If they were will- ing, he said, to submit to the laws of the Texan re- public, and acknowledge her jurisdiction, arrangements would be made to extend the laws over that territory ; but in case the people were averse to changing their allegiance, then he wished to establish friendly com- mercial relations with New Mexico. The instructions given to the commander of the expedition prohibited him from attempting the subjugation of the country if the people were unwilling to submit. The military 2!* Lamar had obtained permission from congress to absent himself, and the government was being administered by Burnet at this time. 334 LAMAE'S ADMINISTRATION. organization of the expedition was only for the purpose, of self-protection against the savages. On June 20th, 1841, the expedition started from. Brushy creek, about twenty miles from Austin, li consisted of five companies of mounted infantry, and an artillery company, which had one brass six- pounder, in all 270 soldiers. They were accompanied by about fifty other persons — traders, teamsters, and adventurers. William G. Cooke, R. F. Brenham, and J. A. Navarro, were appointed as commissioners, and charged by the president with the execution oi his instructions. The expedition was placed under the command of Brigadier-General Hugh McLeod. From the first start difficulties were encountered. The wagons were overloaded, and much delay occurred therefrom; the guides were ill-acquainted with the route, and finally lost their way in the Washita moirn- tains. The distance to Santa Fe had been greatly under-estimated, and having started too late in the season, both grass and water were sadh^ wanting. After great sufiferings and losses, exposed to at- tacks by Indians, who cut off" all stragglers, the expe- dition arrived August 11th, at a point which was supposed to be about seventy -five or eighty miles from San Miguel. Here three of the party, Howland, Baker, and Rosenbury were sent in advance to that place to procure provisions and consult with the inhab- itants as to the probable reception of the expedition. The main body, slowly continued its march, men and animals gaunt and feeble with hunger. A few days after the departure of Howland, Lieutenant Hull and four men, being in advance, were killed by Indians, and their bodies mutilated. The 31st of August, after a consultation, it was decided to divide the command, and send in advance those best able to travel. Accordingly ninety-nine men were detached and, under Captain Lewis, left the main body for San Miguel." '■"'Keudall, the historian of the expedition says: 'However impolitic if IGNOMINIOUS FAILURE. 335 The final disaster now approached : Howland, Baker, and Rosenbury had made their way to San Miguel, where, as soon as their mission was known, they were arrested and sent to Santa Fe. General Manuel Armijo, governor of New Mexico, was the last man in the world to allow his authority to be in- terfered with. He was a tyrant, and hated by the greater portion of the people ; if the Texans reached Santa Fe and the inhabitants became aware of Lamar's invitation, he knew well that they would turn against him, and he determined to crush the invaders before they reached the capital. Proclaiming to the people that the Texans were approaching to kill and destroy, he marched out of Santa Fe with a strong force to attack them. Meantime Captain Lewis and his command had reached the Rio Gallinas where they found settlements and flocks of sheep, which supplied them with abundance of food. From this place Lewis, with four others, one of whom was Kendall, were sent forward September 14th to San Miguel, with a letter to the alcalde, informing him that a trading party was approaching, and taking with them a number of copies in Spanish of Lamar's proclamation. Before reaching their destination, however, they were made prisoners and sent to Santa F^. Meeting Armijo on the way, they were brought back by him to San Miguel, where they witnessed the execution of Howland and Baker. These unfortunate men with their companion, had effected their escape, but were recaptured after a des- perate resistance, Rosenbury being slain on the spot. Events now followed quickly. Lewis proved a traitor, and by his representations the advance troops, then under Colonel Cooke, one of the commissioners, were induced to lay down their arms and surrender to Salazar, who had almost surrounded them with 600 men. This was on the l7th. On the following day, may be considered to divide a command, in this instance such a course could not be avoided. We were completely lost, and without power of moving forward; our provisions, which had for weeks been scanty, were now almost entirely exhausted.' Tex. Santa Fi' Expr'!., i. 211. 336 LAMAR'S ADMINISTRATION. Armijo came up with the rest of his forces. By his orders the prisoners were tied together in companies of four, six or eight, according to the different lengths of the lariats with which they were bound, and sent forthwith to Mexico. He then marched against the main body under McLeod, which had painfully ad- vanced to Laguna Colorado, about thirty-five miles from Rio Gallinas. Most of the horses had perished ; many of the men, in desperation induced by famine and exhaustion, had thrown away their arms, and few of them had strength enough to fight. Upon assurances being given that they should receive good treatment, the Texans surrendered ; wjiich was no sooner done than they were plundered, bound to- gether in batches, and marched off to San Miguel, where the last of them arrived October 12th. From that place they were sent on the same long journey on which their companions-in-arms were toiling in advance of them. Such was the miserable end of this foolishness," from which so much had been expected. The miseries of the captives during their march were almost insup- portable. On their arrival at the Mexican capital, they were thrown into noisome dungeons, some in Mexico, and others in Puebla and Perote. Fortunate were those who could prove themselves citizens of the United States or subjects of European nations; the representatives of their respective countries strenuously interested themselves in their behalf, and obtained their release'* in the spring of 1842. On the 13th of June, 119 prisoners were released by the clemency of Santa Anna, who had again risen to the supreme power, on the celebration of his birthday." But the ^' Gen. Jackson in a letter to Houston, of May 25, 1842, writes; ' The wild-goose campaign to Santa Fe was an ill-judged affair; and their sur- render without the fire of a gun has lessened the prowess of the Texans in. the minds of the Mexicans. ' Yoakum, ii. 329. ^*See Dubkm and Lmmrn, Leg. Mex., iv. 154, 198. ''^ Kendall's Narrative of tM Texan Santa Fi Expedition, New York, 1844, 2 vol., pp. 405,406; Yoakum, ii. 321-31, 336, 341-3; Tliotnpson's Kecol. Mex., 52-3, 77-9, 92-3, 155, 279-81; Derecho, Intern. JIe.c.,, pte 3 a 237; Bustamante, SEAT OF GOVERNMENT. 337 unfortunate commissioner, Navarro, having incurred the special hatred of the tyrant, was incarcerated first in the capital and afterward in a dungeon in San Juan de Uliia, where he languished for fourteen months, finally escaping from Vera Cruz in January, 1845/' It soon became evident that the situation of Hous- ton was not such as to entitle it to become the per- manent seat of the government. On January 14, 1839, an act was passed by congress appointing five commis- sioners to select a site for the future capital. The commissioners were Albert C. Horton, Lewis P. Cook, Isaac W. Burton, William Menifee, and J. Campbell, who made choice of the location where Austin now stands. Although at that date the new town, which was immediately laid out, was situated on the extreme frontier of the settlements, the commissioners showed their wisdom in the selection. They aimed at estab- lishing a permanent capital, which would occupy a central position when Texas had become a thickly populated country; and though the government and congress would be withm striking distance of hostile Indians," Austin as their seat would draw westward Hist. Santa Anna, MS.', iii. 8-9; Id., Diario Mex., MS., xliv. 81, 169; xlv. 71; U. S. H. Ex. Doc, 27 cong., 2 sess., vol. v.. Doc. 266. '"Jose Antonio Navarro waa bom in San Antonio de Bejar, Feb. 27, 1795, his father being a native of Corsica, and an ofl&cer in the Spanish army. He was a stanch federalist and a foe to mihtary depotism. In 1834-35 Navarro was land commissioner for Bejar district; a member of the convention in 1836, and a member of congress in 1838-39. He was con- demned by Santa Anna to imprisonmant for life, though during his captivity he was several times oflfered pardon, liberty, and high-office, if he would abjure forever Texas, his country. These propositions were rejected with scorn. In Dec. 1844, just before the fall of Santa Anna, he was removed from San Juan de Ultia and allowed to remain a prisoner at large in Vera Cruz, whence he escaped Jan. 2d, arriving at Galveston, Feb. 3, 1845, after an absence of more than three years and a half. On his return he was elected delegate to the convention held that year, to decide upon the question of annexation, and was afterward senator from Bejar district in the state congress. He died in his native city in 1870. Cordova's Tex., 145-53: ThraU, 596. ''Nor did the Indians fail to strike. I copy the following from the memo- ramda of Anson Jones for the year 1840: 'Austin, March 13th. Woke up at night with the alarm of Indians. The suburbs of the tovni were plundered of all the horses, and Ward and Hedley killed and scalped; heard the cries of the latter while under the hands of the Indians. April 6th. Constant alarms of Indians and Mexicans. Our wise government has resolved upon Hist. Mex. States, Vol. II. 22. 338 LAMAR'S ADMINISTRATION. settlers, who would populate that portion of the coun- try, and serve as a protection to an ever-extending frontier of civilization. In August, the town-lots of the new capital were sold, buildings were soon erected, the offices of the government were transferred thither, and in November congress assembled in a hall sur- rounded by the wilderness.'' During the administration of Lamar, the relations of Texas with European powers wore as favorable an aspect as could possibly be expected. While Houston was president. General J. P. Henderson had been sent as commissioner to London and Paris to obtain an acknowledgment of her independence. The British government was kindly disposed toward the new re- public, inasmuch as it was plainly foreseen that Texas, being chiefly an agricultural country, her people would become large consumers of foreign manufactures, while her capacity for the production of raw material, especially cotton, England's great demand, was im- mense. Moreover, the known tendency of the Texans to free-trade principles was another inducement for that great power to hold out the hand of friendship to an infant nation that would grow robust in time. Great Britain desired to find in Texas a market for her merchandise, "without having to climb over the United States tariff."" Henderson therefore experi- enced no difficulty in making a commercial treaty in 1838 with the British government, under the reserva- tion, however, that until that power formally recog- nized Texas, it would consider her as a part of Mexico. In November of the same year, a similar treaty was made with France, but without the reservation; and fortifications at Austin. June 12th. Stood guard over the town all night.' iBep. Tex., 38. '^ Austin did not retain her eminence as the capital of Texas without a struggle. In 1872, however, that city was proclaimed by popular vote the permanent capital of the state, Austin receiving 63,297 votes, Houston 35, 188, and Waco 12,776. Tlirall, 306. '* These are Lord Aberdeen's words to Ashbel Smith, the^exaii"miiuster to England and France in 1842. Smith, Remnis. Tex. Rep., 36. TREATIES, 339 in September 1839, the treaty was ratified, and the independence of Texas acknowledged by the French government. Owing to the ridiculous affair before mentioned,'* diplomatic intercourse was soon afterward suspended between the two nations until 1842, when friendly relations were resumed. When General Hamilton arrived in London as the Texan representative, he negotiated a convention with the British government, in which it was stipulated that Texas should assume £1,000,000 of the debt due by Mexico to English holders of her bonds. This convention, as well as the commercial treaty, as finally agreed upon, was signed in London November 13, 1840; both were ratified by Texas in February 1841. The treaty, however, met with much opposition by the British and Foreign Anti-slavery Society, which urgently remonstrated against its being ratified by the English government. Ashbel Smith, the Texan minister to London, arrived in that city April 1842, bearing the ratified copies of both agreements, which, after some delay, were exchanged with Lord Aber- deen in face of opposition, a treaty granting the recip- rocal right of search for the suppression of the African slave trade having been first exchanged.''' The inde- pendence of Texas was thus recognized by two of the greatest powers of Europe. It remains to be added that Holland and Belgium recognized her independence 2* The particulars are as follows: The horses o£ M. Saligny, the French representative in Texas, were fed on com. The pigs belonging to Mr Bullock, a hotel-keeper, intruded into the stables to pick up the corn which the horses let fall to the ground. One of ^M. de Saligny's servants killed some of the pigs. Bullock whipped the servant. This enraged M. de Saligny, and Bul- lock was arrested for assault, and bound over to answer at the next term of the district court. Affronted soon afterward by Bullock, Saligny demanded his immediate punishment, and a warm correspondence between him and the Texan sec. of state followed. Not obtaining the satisfaction he wished, the exasperated Frenchman demanded his passports and [leit his post. Gouge's Fisc. Hist. Tex., 110-11; SmUh's Remms. Tex. Sep., 32. Saligny returned to Texas in 1842. Id., 34. ^M., 33, 38; MaiUard's Hist. Sep. Tex., 180-92, 411-29; Mies' Reg., Ix. 33, 177; Ixii. 337, 384; Kennedy, ii. 353-4; Rivera, Hist. Jalapa, iii. 515-16; Bustamcmte, GoMnete Mesc., ii. 7-14; Id., MS., ii. 158-70, 183-5; Biveiro, Mex. m 184^, 118. 340 LAMAH'S ADMINISTRATION. in 1840, a treaty of commerce with the former country being signed at The Hague September 18th of that 36 year. While Texas was thus successful in obtaining the acknowledgment of her independence by foreign na- tions, aU her efforts to secure the same from Mexico failed. In 1839, the Texan government, entertaining some expectation that Mexico would be inclined to listen to proposals for peace, sent Bernard E. Bee, as diplomatic agent to that government. Bee arrived at Vera Cruz in May, where he remained for ten days, pending the decision of the government, with regard to the question of his reception. He was courteously treated by General Victoria, governor of Vera Cruz during his stay in that city. The Mexican authorities finally decided not to receive him, and he embarked on the French frigate, La Oloere, bound for Habana." Texas, however, had a secret agent in the Mexican capital who, in 1840, under the auspices of Packenham, the English minister in that city, suc- ceeded in submitting to the government the basis of a treaty of peace. Packenham, moreover, offered to act as mediator. The treaty and the offer were alike rejected by Mexico. In 1841 the British government, without waiting for the exchange of ratifications of the mediation convention, officially instructed Packenham to bring before the Mexican authorities the proffer of Great Britain, to mediate between that power and Texas, and Mr Burnley, provided with a letter of in- troduction to him from Lord Palmerston, proceeded to Mexico as negotiator on the part of Texas.'^ But ^'^The Mexican minister o£ foreign relations found fault with Holland for not having previously advised the Mexican government of her intention. Mex., Mem. Min. Bel, i. doc. 13; Diario del C/ob. Mex., Jan. 24, 1&41, p. 2. " Bee's letters in Mles\ Reg. , Ivi. 242, 259, 273-^. Victoria was instructed to say to Bee, that he might represent to him the object of his mission in writing, not in any public character, but as a commissioner of the revolted colonists of Texas. If the object was to ask the recognition of the inde- pendence of Texas, Bee was to be immediately required to reembark. Mivera, Hist. Jalapa, 418-19; Bastamante, OaUnete Mex., ii. 7-8. "8 James Webb was also sent from Texas as commissioner, to open and conduct the negotiations. He was not received, and immediately returned. Yoakum, ii. 318. PRESIDENTIAL ELECTION. 341 Mexico paid no more heed to the British nation than she had done to her diplomatic agent. She mihesi- tatingly declined any such mediation, refused to en- tertain the question of peace, unless Texas resigned her claim to independent sovereignty, and prepared for war.^° In September 1841, the presidential election was held, by which General Houston was a second time chosen president, receiving 7,915 votes against 3,616 cast for David G. Burnet, Edward Burleson was elected vice-president with 6,161 votes, his compet- itor, Mennican Hunt, having received 4,336. When congress met in November, Lamar opened his message with congratulations upon the prosperity of the country. The relations with Mexico were such that he advised hostilities, and stated that he had made arrangements to send the Texan navy to coop- erate with the government of Yucatan, which had lately declared her independence of Mexico. He was opposed to a military invasion of the enemy's country, but advised the establishment of military posts west of the Nueces, for the protection of that portion of Texas. He recommended congress to take into con- sideration the traffic conducted by the people of the western frontier — a trade of which he highly approved; and spoke in glowing terms of the probable results of the Santa Fe expedition. In his sanguine hopes, he already saw the rich ' resources of the commerce of New Mexico pouring wealth into the coflfers of Texas ! But Lamar, distinguished though he was for his courage, unquestioned integrity, and pure patriotism, utterly failed as a ruler; and when he retired from the presidency, the republic was in a dilapidated con- dition. The public debt had been increased nearly four-fold, and the public credit had fallen to zero ; by ''^Oorostka, Dictamen, 1840, in Pa^i. Var., 212, no. 8; Rivera, Hist. Jalapa, iii. 440; Bnstamante, OaUnete Mex., ii. 11-12; Id., MS., iv. 17; Mies' Heg., lix. 195, 257; Ycmif/s Hist. Mex., 305; Otero, Obras, MS., i. 313-7; ii. 1-4; Tex. Cot. Doc, no. 5, in Pinart's Col. Smith's Seminis., Tex. Pep., 38. 342 LAMAH'S ADMINISTRATION. his savagism as displayed in the extermination creed, the Indians had been driven to the highest degree of exasperation ; the balance of trade was heavily on the debit side;" and his last pet scheme, the Santa Fe expedition, ended in a climax of disaster. During Lamar's administration, the question of an- nexation to the United States lay in abeyance. As the reader is aware, he was violently opposed to such a union, and in Texas the subject, though sometimes alluded to, was apparently dropped. In the United States, however, it was not only discussed by the press, but was brought from time to time before congress. The application for admission into the Union had been peremptorily refused. On August 4, 1837, Mennican Hunt, the Texan envoy to Washington, addressed a letter to Forsyth, the American secretary of state, making a proposition for annexation. For- syth replied on the 25th, rejecting the overture in decided terms, and the subject was dismissed without reserving it for further consideration. The govern- ment at Washington justly maintained that so long as Texas was at war with Mexico, and the United States at peace with her, annexation would constitute a breach of treaty with Mexico, not only dishonorable, but also certain to involve the United States in war with that nation." The labors of office and the animadversions to which he was exposed, induced Lamar to apply to * The following table of imports and exports is obtained from Gov{ie's Fisc. Hist. Tex., 84, 128: IMPORTS. EXPORTS . Year ending Sept. 30, 1838 11,740,376.87 §183,323.00 Year ending Sept. 1, 1839 1,506,897.67 274,518.09 Year ending Sept. 1, 1840 1,378,568.98 220,401.15 14,625,843.52 §678,242.24 Showing a balance of trade for these three years against the republic of 13,947,600. *' Copy of correspondence in HukHs Address, 21-43; U. S. H. Ej: Doc, 25 cong., 1 sess., Doc. 40; and Cong. Debates, 1837, xiv., app. 117-22. For further discussions on the subject in the U. S. congress, see H. Ex. Doc, vol. iv., 25 cong., 2 sess., Doc. 196; U. S. Sen. Doc, 25 cong., 2 sess.. Doc. 50; Congress Globe, 1837-8, p. 12, 25, app. 555; Id., 1838-9, p. 18; /(/., 1839-40, p. 274, 281, 541. EURNET, ACTINa GOVERNOR. 343 congress for permission to absent himself; and his request being granted, during the last year of his term, the government was administered by Vice- President Burnet," *2 ThraM, 317. Prom Deo. 15, 1840 to Eeb. 3, 1841, the acts of congress are approved by David Or. Bumet, after which date no signatures are at- tached to the acts passed in the copy of Tlie Laws of the Republic of Texas in my possession, only the word 'approved,' with the date, being nsed. CHAPTER XIV. END OF THE TEXAN KEPUBLIO. 1841-1846. Houstok's Second Administration — ^Reduction oe Expenses — Vasqubz Takes Bejar — Coekespondence with Santa Anna — Opeeations ot THE Navy — The Archive War — ^Regttlators and Moderatop-s^- England's NBtrrRAiiTY—WoLL's Inroad — Dawson's Defeat— Someb- ville's DuBiotts Conduct — ^Battle oe Miee — Mexican Guile — Thb Charge on the Guard — ^A Grievous Mistake — The Death-lottert —The Prisoners at Perote — Sntvely's Expedition — ^Robinson's Diplomacy — The Armistice — Rivalry op the United States and Eng- land — Anson Jones Elected President — Houston's Faeewell Mes- sage — His Difficult Position — Annexation — The State Consti- TUTION. President Houston sent in his message to congress December 13, 1841. He did not conceal the fact that his administration would be guided by a pohcy diametrically opposite to that of his predecessor. He deprecated the interference on the part of Texas in the revolutionary movements in Mexico, and recom- mended that kindness should be extended to that people, and an armed neutrality maintained. As all overtures for peace had been rejected by the Mexican government, no further eflfbrt would be made in that direction. On the subject of relations with the Ind- ians, he declared his policy would be different from that lately pursued. He urged the establishment of trading-posts on the frontier, each protected by a garrison of twenty -five men, and recommended that treaties should be made with the savages. This sys- tem, he believed, would conciliate them, and could be carried out at an expense of less than one quarter of the appropriations that had been made in the attempt (344) PRESIDENT'S MESSAGE. 345 to exterminate them/ With regard to the deplorable financial condition of the republic, he remarked that there was not a dollar in the treasury ; the nation was "not only without money, but without credit, and for want of punctuality, without character." The amount of liabilities had not been ascertained, but he advised a total suspension of the redemption of the national debt until such time as the government could redeem in good faith those liabilities which it ought to redeem. To sustain the government, the president recommended the reduction of taxes by one half, and that all taxes and customs should be paid in specie or paper at par value. He then expressed himself in favor of a new issue of exchequer bills to the amount of $350,000, for the redemption of which he proposed that 1,000,000 acres of the Cherokee country should be reserved. He also suggested raising a loan of $300,000 on the public domain. Acting upon the president's suggestion, congress, on January 19, 1842, authorized him to issue exche- quer bills to the amount of $200,000, the law further providing that only gold, silver, and such bills should be received in payment of duties and taxes, and that when the bills returned to the treasury, they should be cancelled. But this paper soon suffered the same fate as the treasury notes, or red-backs as they were called from the color of the paper. The same act declared that the treasury notes were no longer re- ceivable in payment of public dues, and no one could assert that congress would not adopt a similar meas- ure with regard to the new issue. The consequence was that the bills sank rapidly to thirty-three cents, and before the end of the year to twenty -five cents.'' As long as Texas had been able to borrow, she bor- ' See note 6, this chapter. ^ A special session of congress was convened June 27, 1842, and on July 23d an act was passed requiring the collectors of revenue to receive exchequer bills only at the current rate at which they were sold in the market. Tex. , Laws Rep., 1842, 4. This measure, however, did not cause them to rise much in value. Consati, Oould's Fkc. Hist. Tex., 116-19. 346 END OF THE TEXAN REPUBLIC. rowed, and as long as her paper was of any value at all, she issued it and lived on the proceeds, no matter how ruinous the rate. But at the close of Lamar's administration, the treasury notes had sunk to fifteen and twenty cents in the dollar,' and though economy was regarded with no high favor by the Texans, it became evident that retrenchment was the only re- course left. Under the first administration of Hous- ton, the salaries of the president and all members of the government had been fixed exorbitantly high, while a great number of superfluous ofiices had been created. To do away with this extravagance — ^ridic- ulous in a nation whose Anglo-Saxon population did not amount to 100,000* — congress passed a law De- cember 11, 1841, abolishing many offices, and reducing salaries to less than one half* This was striking at the root of the evil, and produced efifect. The system of economy, moreover, was practised in all branches, as is evidenced by the fact that, according to the best accounts to be gathered, the payments made by the treasurer during Lamar's administration amounted to $4,855,215, while during the three years of Houston's second term, they only amounted to $493,175, and $17,907 disbursed on account of mail service and tax ^The passage of the Exchequer Bill act deprived them of what little value they had. They rapidly fell to ten, five, four, and two cents in the dollar, till finally no price at all could be obtained for them in many parts of Texas. * Kennedy, ii. 390, who published his work in 1841, while admitting the difficulty of forming a close estimate, fixed the average of the Anglo-Ameri- can population at 200,000. Foumel gives 480,000 as the total population in 1840. Both of these estimates are far beyond the mark. Coup d'Odl, 41. MaiUard, who, as Ashbel Smith says, ' published a voluminous libel of 500 or 600 pages on Texas, its climate, its productions, and its people, ' Bern. Tex. Hep., 38, places the number of the Anglo-Ajuerioans at about 54,088; that of the Indians at 80,000; and of the negroes at 10,000 to 12,000; in all, 146,088. IIi.st. Hep. Tex., 202-4. Thrall, page 316, says the whole population was less than 50,000 at this time. In 1847 the first census was taken, showing a total of 135,775, exclusive of Indians. Of that number, 100,508 were whites, 35,267 slaves, and ten free negroes. ^The president's salary was reduced to |5,000per annum; vice-president, to $1,000; members of the cabinet, to $1,500; att'y-gen., to|l,000; com. gen. land-office, to $1,200; treasurer, comptroller, and auditor, to $1,000. The chief justice was to receive $1,750 instead of $5,000 as heretofore; and so on in proportion. Tex. Laws Rep., 6 oong., 13-14. Consult act of Deo. 9, 1836, Id., i. 69-70, and chap, xii., this volume. ANNEXATION. 347 collecting." It is true that the limit of credit had been reached, and that Houston could not obtain the money to spend which his predecessor had commanded ; but it is equally true that Lamar carried his paper- money principle to the height of extravagance, and rode his horse to death. One of the arguments used by the advocates of annexation was the failure of Mexico to attempt to re- conquer Texas. For six yea,rs, they said no hostile army had invaded the territory, and the war might be considered as virtually ended, though no formal recognition had been made by Mexico, her inactivity displayed an indifference which had all the appearance of a tacit acknowledgment that she considered re- conquest impossible. In order, therefore, to main- tain her claim, it became necessary to make some military demonstration, and at the close of 1841 prep- arations were made to invade Texas. On January 9, 1842, General Arista issued a proclamation from his headquarters at Monterey, to the inhabitants of Texas, in which he stated that the Mexican nation ^ Gouge, ut sup., 126-7. Yoakum, ii. 34ft-l, supplies a comparative state- ment of the salaries paid the officers employed at the seat of government in the years 1840-2, made out by James B. Shaw, comptroller, Dec. 16, 1842. As the figures show an astonishing retrenchment, I reproduce them: 1840 $174,200 1841 17.3,506 1842 32,800 The same comptroller exhibited a statement dated March 20, 1854, showing the expenses incurred by the republic in protecting her frontier against the Indians during the years 1837-44 inclusive. Yoakum, ii. 282, compiled the following table from it: 1837 ) XT J. ' J! 4. J. i * 20,000 1838 \ Houston s first term j jyoioOO $190,000 1839 \ ( $1,430,000 1840 y Lamar's term 4 1,027,319 1841 I [ 95,000 ) f $1,4 y Lamar's term -! 1,0 $2 J- Houston's second term ■! $104,092 348 END OP THE TEXAN REPUBLIC. would never consent to the separation of the territory, and that it was only owing to the civil wars in Mexico, that revolutionary men had compelled them to constitute themselves as an independent nation. He solemnly declared that Mexico was determined to recover her rights through the only means left her, namely, persuasion or war. After stating that hos- tilities would only be directed against those who sus- tained and fought to maintain the Texan nationality, he called upon the people to reflect and consider their own interests, and to return to their allegiance.' On March 5th, General Rafael Vasquez appeared before San Antonio de Bejar, at the head of 500 men.' The Texan force stationed there was too small to cope with the enemy, and evacuated the town when the sur- render of it was demanded. Having taken possession of the place, hoisted the Mexican flag, and declared the Mexican laws to be in force, Vasquez on the 7th departed." About the. same time small forces of Mexicans occupied Refugio and Goliad, but likewise soon retired. This inroad, which was intended as nothing more than a mere demonstration by Mexico in support of her rights, thoroughly roused the Texans. On the 10th of March, Houston issued a proclamation calling upon all citizens subject to military duty, to hold themselves in readiness to repair to the scene of ac- tion in the event of a formidable invasion ; and on the 21st of the same month he addressed a letter to Santa Anna, which was extensively circulated in Europe and the United States, and even published in Spanish in Yucatan, whence copies found their way into Mexico." Houston was instigated to ad- ' Tranalation of proclamation in Kikx' liec/., Ixii. G7. 'Yoakum says about 700 men, — ii 349, — but Arista reporting to the comaudante general at Chibualiua, gives the number in +he text. Voto de Son., April 15, 1842, i., no. 9, p. 34. ^ Bvstamante, Hist. Santa Anna, 49-50; Id., Diario Hex., MS., 109, 127; .BZ ;&), xix., March 30, 1842; Diario, Gob. Max., March 19, 1842; Yoahtm, ii. 349-50. '"Besides being published in pamphlet form it is reproduced raid., ii. 544-58; Houston, Life of, 211-24; and elsewhere. MEXICO INDIGNANT. 349 dress the Mexican president by tlie perusal of certain correspondence which had lately passed between Santa Anna, and Bernard E. Bee and General Ham- ilton, and to which his notice had been called. These agents of Texas had written to Santa Anna on their own responsibility. Bee's main object was to pro- cure good treatment of the Santa Fe prisoners; but he urged that that expedition afforded an opportunity of again discussing the question of a treaty of peace with Texas, and somewhat imprudently asserted that Mexico would never be able to conquer Texas except in defiance of the United States and of the law of na- tions. All the inhabitants of the valley of the Mis- sissippi, he said, would march upon Texas as soon as they heard that she was invaded. Hamilton's com- munication contained a proposal that a treaty of peace and limitation should be entered into, on the basis of an indemnification of $5,000,000 being paid to Mexico, and $200,000 to the secret agents of the Mexican government. Santa Anna was professedly very in- dignant at these letters, especially that of Hamilton." In no measured terms he expressed his profound dis- gust that a proposition should be made to him for "the sale of Texas and the acquisition of infamy." It was a miscalculation, he said, and an audacity ; and the offer of $200,000 for the secret agents of the Mexican government was "an insult and infamy un- worthy of a gentleman." Having thus given vent to his virtuous indignation, Santa Anna asserted that Mexico would not vary her hostile attitude until she had planted her eagle standard on the banks of the Sabine. Santa Anna had but lately emerged from his retreat, and again won his way to the chief magistracy of the nation. Hamilton's proposal af- forded him a convenient weapon with which to destroy the bad impression caused by his previous conduct with regard to Texas, and deaden his coun- trymen's remembrance of his readiness to barter that •'Copy of the qorrespondence will be found in Niks^^Reg., Ixii. 48-51. 350 END OF THE TEXAN REPUBLIC. province for his life. Nor did he fail to make use of it. Though Hamilton's letter was marked confiden- tial, he caused it to be published, together with his reply, February 18, 1842. Houston, in his letter above alluded to, says: "You appear to have seized upon the flimsy pretext of con- fidential, communications, unknown to the officers of this government, and unknown to the world until di- vulged by you for the purpose of manufacturing popu- larity at home." He recapitulates the circumstances under which the Anglo-Americans were invited to settle in Texas, and the causes which had led them to assert their freedom. Having contrasted the enormi- ties of Santa Anna with the clemency experienced by him at the hands of the Texan authorities, and calling attention to the desire for peace which Texas had shown, he adds: "You continue aggression; you will not accord us peace. We will have it" ; and concludes with a piece of counter bombast: "Ere the banner of Mexico shall triumphantly float on the banks of the Sabine, the Texan standard of the single star, borne by the Anglo-Saxon race, shall display its bright folds in liberty's triumph on the isthmus of Darien." On March 26th, the president issued a proclama- tion declaring all the Mexican ports on the eastern coast from Tabasco, including the mouth of the Rio Grande and the Brazos Santiago, to be in a state of blockade. And here it is necessary to give some ac- count of the condition of the Texan navy and its op- erations. It will be remembered that the first congress authorized " the purchase of a certain number of war vessels. A contract was made, November 1838, with Frederick Dawson of Baltimore, who, in the months of June, August, and October 1839, delivered to the Texan government the schooners San Jacinto, San '^ Nov. 18, 1836; does not seem to have been acted upon, as another one was passed Nov. 4, 1837, providing for the purchase of a 500-ton ship mount- ing 18 guns, two 300-ton brigs, 12 guns each, and three 130-ton schooners, 5 guns each. Tex. Laws Rep., li. 13-14. THE NAVY. 351 ATiionio, and San Berimrd, each mounting 5 guns; the sloop-of-war Austin, 20 guns, and the brigs Colorado and Doll)! an. General Hamilton also purchased for the government, in March of the same year, the steamship Zavala, mounting 8 guns/' In June 1840, this naval force, with the exception of the Colorado, was sent to the coast of Yucatan, which state, and that of Tabasco, had revolted against the central gov- ernment. The Texan authorities were therefore de- sirous of ascertaining the feelings of these states toward Texas. After their visit to Yucatan, the vessels were ordered to cruise about the eastern coast of Mexico and annoy her commerce. As the Mexican navy had been destroyed by the French, the Texans at this time were masters on the sea, and Houston was justi- fied in proclaiming the blockade. In May 1841, Yu- catan proclaimed her independence, and in September sent Colonel Martin Francisco Peraza as envoy to Texas to arrange a treaty of friendship and alliance against Mexico. Arrangements were soon concluded, Texas engaging to furnish a naval squadron for the protection of the coast and commerce of Yucatan, while the latter agreed to pay its expenses in part during the time it operated against the common enemy." In the autumn of that year, the greater portion of the Texan navy sailed to Yucatan. The vessels returned in May 1842, and were ordered to New Orleans and Mobile to undergo repairs, prepara- tory to enforcing the blockade. While in the Missis- sippi, a mutiny occurred on board the San Antonio, and several of the ringleaders were hanged at the yard-arm. In August of the same year, that vessel was sent to Yucatan to collect dues from the govern- ment of that seceded state, but was never heard of afterward. It is believed that she foundered at sea 1' The cost of this navy was nearly $800,000, which were paid in govern- ment bonds. Report of Sec. oftlw Navy, Nov. 8, 1839; Yoakum, ii. 272. "ijjwera, Hist. Jala/pa, iii. 440-1, 514-15; Baqueiro, Ensayo Yuc, 42-5; Yuc. Mamjksto, 16-37; Niks' Eecj., Ixi. 66, 131, 196. 352 END OF THE TEXAN REPaBLIC. and all hands perished. After the president had is- sued his proclamation of blockade, he sent instructions to Commodore Moore to sail to Galveston for orders. Moore failed to report, and Houston sent a message to congress, which having been discussed in secret session, an act was secretly passed, January 16, 1843, authorizing the sale of the navy. Moore, however, refused to deliver the vessels up to the commissioners sent to receive them, and went with the Austin and Wharton — originally named the Dolphin — on a cruise off the coast of Yucatan, with the consent of the com- missioner. Colonel Morgan, who accompanied him. The president thereupon issued, March 23d, a proc- lamation declaring Moore suspended, and his future actions piratical. The naval officers of all friendly governments were requested to seize him and the two vessels, and bring them with their crews into the port of Galveston. This proclamation created a great sen- sation in Texas, and the press passed numerous com- ments on it, most of which were unfavorable to Houston and violent in language.'' The fact is, that the popular sympathies were with the suspended commodore, who had assumed responsibilities with regard to the expenses of the navy incurred at New Orleans. Moore pledged himself not to leave that port until he could pay for provisions and repairs. When the Texan government failed to furnish him with funds, he considered that in honor he was bound not to leave until the debts were paid, and conse- quently disregarded repeated orders from his govern- ment to proceed to Galveston. On the arrival of the commissioners, James Morgan and William Bryan, the former was so impressed with Moore's explanation that when the government of Yucatan offered pecu- niary aid on the understanding that Moore should repair to the port of Campeachy, and afford relief to the revolutionists, who were then besieged by a Mex- ican army, he not only consented that the commodore 's See Niks' Reg., Ixiv. 229-31. THE ARCHIVE WAR. 353 should sail thither before going to Galveston, but also accompanied him. The operations of the Texan navy before Campeachy were crowned with success, the enemy's land batteries being destroyed, and his war- vessels damaged, and driven from that water. Moore then sailed to Galveston, whose people presently be- came greatly exasperated when it leaked out that congress had passed an act for the sale of the navy. Popular feeling was so strong that the sale was not attempted, and the act was repealed February 5, 1844, and authority given to the secretary of war and marine to lay the vessels up in ordinary." When the annex- ation was effected in the following year, the remaining vessels, four in number, were transferred to the navy of the United States, and in March 1857, an appro- priation was made for the pay granted the surviving officers for five years from the time of annexation,, provided that all claim to any position in the United States navy was relinquished." When Vasquez occupied San Antonio, much alarm was felt for the safety of Austin e nd the government archives, especially the records of the general land- ofiice. The president, to the indignation of the in- habitants of that city, removed his cabinel; to Houston, where congress held the special session convened June 27, 1842. But the exasperation of the people of Aus- tin was so great that they determined to hold pos- session of the archives. A vigilance committee was formed, the records were encased in boxes, and a guard placed over them. A force, moreover, was organized at Bastrop to patrol the roads, and prevent the pas- sage of any wagons containing government archives. '^ The navy at that time consisted of the Austin, the WJuwtxm, Archer — formerly the Colorado — and the Sam Bernard, the other vessels having been wrecked. Tex. Laws Rep., 8 cong., 115; Niles' Reg. Ixiv., 1, 18, 51, 97, 117, 131, 146, 160-1, 192, 208-10, 229-31, 256, 260-1, 293, 320, 336, 339, 354, 384, 404; Mex. Mem., Ouerra y Mar., 1844, 15-16, 98; Robinson's Mex., 259-61j ThraU, 339-40. " Cmg. Gbbe, 1856-7, app. 427; U. S. Sen. Misc., cong. 35, sess. 1, ii, doc 132. Hist. Mex. Statis, Vol. II. 23. 354 END OF THE TEXAN REPUBLIC. On December 10, 1842, Houston gave instructions to Captain Thomas I. Smith to raise a company secretly, and bring the most necessary books and documents to Washington, where congress was to convene in regu- lar session that month. Smith, having avoided the patrols by taking a circuitous route, entered Austin in the night of December 30th, and succeeded in load- ing three wagons with archive matter. This step on the part of the president was a surprise to the inhabi- tants of Austin, and Smith hastened back, after hav- ing been fired upon without effect by Captain Mark B. Lewis, who having rallied a volunteer company, and procured a cannon from the arsenal, fired it at the intruders. Having reached Kinney's fort, on Brushy creek, Smith encamped, but on the following morning discovered that Lewis, with his cannon pointed, had taken a position in front. After some parley. Smith agreed to take back the wagons to Aus- tin. This affair has been called the Archive War. No further attempt was made to remove the records ; the people of Austin retained possession of them till 1845, when, on the occasion of the annexation con- vention being summoned to meet in July, they deliv- ered them over to the administration of Anson Jones, on condition that the convention should assemble at Austin.'' During the second administration of Houston, Texas was greatly agitated by what has been called the war of the Regulators and Moderators. The first out- break occurred in 1842. The reader will not fail to remember that in the early years of the nineteenth century the "neutral ground" became the asylum of adventurers and desperate men, who can only be classi- fied as marauders and fugitives from j ustice. Although, in the course of events, these land buccaneers had been suppressed with regard to their banditti organization," «/<;., 322-6; MarpJm, Hist. To:., 435-7. ^See pages 16 and 20 of this volume. REGULATORS AND MODERATORS 355 their social element still prevailed on the northeastern border. As immigrants flocked into Texas, ill-feeling was developed, which culminated in hostilities. The county of Shelby was the main scene of action. The land commissioners in that county found a profitable business in issuing forged "head-right" certificates, and it became a focus for such illegal operations in the surrounding districts. The holders of such certificates were not men inclined to give up land which they had settled upon. In 1842, one, Charles W. Jackson, a fugitive from justice, arrived in Shelby county from Louisiana, and offered himself as a candidate for the Texan congress. Being defeated, he undertook to expose the land frauds, declaring that his defeat was owing to the opposition of the party connected with them. Having notified the general land-office of the illegal proceedings which had taken place, Jackson received an intimation from Joseph Goodbread that, if he did not desist from interfering, his life would be taken. Whereupon the former, while presenting his reply, shot the latter dead in the town of Shelbyville. Great excitement followed ; Jackson was called to trial ; the court was thronged by armed men, and the judge failed to appear. The fugitive from Louisiana now organized his party, and formed a society which as- sumed the name of Regulators. The operations of this society were somewhat arbitrary, and there is no doubt that many honest men lost their lands, and the prospective fruit of their industry. Opposition there- fore appeared. A society which styled itself the Moderators was organized, and a kind of vendetta warfare was carried on for three years. Matters finally assumed so serious an aspect that the two fac- tions drew up in battle-front against each other. The executive now interfered. The country was threat- ened with civU war, and Houston ordered General Smith to raise a militia force, and put a stop to this internecine struggle. With about 500 men, Smith marched to the scene of action, finding the opposing 356 END OF THE TEXAl^ REPUBLIC. forces in front of each other. By the exercise of prudence and good judgment, he induced the belliger- ents to lay down their arms, and submit to the laws of the republic;" but for some years afterward, the. spirit developed by this clash of interests found ex- pression in many a homicide. In August, 1842, the British government declared its intention to remain neutral during the struggle of Texas for independence, and prohibited English sea- men from serving in the cause of Mexico. In April of the same year, Ashbel Smith, minister to England and France, discovered that two heavily armed war- ships were being constructed in England for the Mexi- can government, the Guaxkdwpe and the Montezuma. On representations, forcibly expressed by the Texan representative, these vessels were forbidden to leave port in an armed condition, or carrying ammunition of war. British officers, captains Cleveland and Charle- wood of the English navy, had been appointed to command them, and the vessels were principally manned by British seamen. With some tardiness the British government yielded to the energetic remon- strances of Ashbel Smith," caused the vessels to dis- charge their recruits and armament, and notified the above-mentioned captains that if they took part in operations against Texas their names would be stricken from the rolls of her Majesty's service. The Monte- zuma and Guadalupe sailed to the Mexican coast, and were roughly handled by Commodore Moore off the shore of Yucatan. ™ Further particulars of this war of the Regulators and Moderators will be found in Yoakum, ii. 437-40, where notice wiU be found of Moorman kill- ing Bradley at the church door of San Augustine at the close of divine ser- vice, in the summer of 1844. During the hostilities at tliis time, about 50 persons were killed or wounded. Moorman was killed by Burns two or three years afterward as he was crossing the Sabine. Id. , Defensor Integ. Nac. Oct 23, 1844, 3; Todd's Sketcli, MS. '^By act 59, George III., discretionary powers were conferred on the privy council relative to British naval officers entering the service of a for- eign power. For general particulars considt Smith, Bern. Tex. Rep., 34-5, 39^0; Hansard's Pari Becord, Ixv. 964-5. AFFAIRS WITH MEXICO. 357 President Houston, in his message to congress in June 1842, did not take the responsibility of advis- ing an invasion of Mexico. Though he did not be- lieve that any formidable invasion would ever be accomplished by Mexico, he felt convinced that every impediment would be interposed to the peace and prosperity of the frontiers, and urged congress to adopt measures for their protection. Congress, how- ever, passed a bill authorizing an offensive war against Mexico. As the carrying out of such a measure would require at least 5,000 troops, and it was im- possible to devise means for the payment of so large a body, the president vetoed the bill, — a proceeding which brought out strong feeling against him. Early in July General Davis on the Nueces was attacked by Canales with 700 men, 500 of whom were cavalry. The former, however, repulsed the enemy, though he had only 192 volunteers. Two months later General WoU took possession of San Antonio, September 11th, after some resistance on the part of the Anglo- Texan citizens. After some parley the Texans, fifty- two in number, surrendered on condition that they should be treated with all the consideration of prison- ers of war. WoU's force was nearly 1,000 men, twelve of whom were kUled and twenty-nine wounded. The Texans sustamed no casualties whatever." When it became known in Gonzalez that Bejar was again occupied by the Mexicans, a force of about 220 men, under Colonel Mathew Caldwell assembled in the Salado bottom, about six miles east of the town. A good position was taken up in a thick wood, and Captain John C. Hayes sent forward with his mounted company to draw out the enemy. The ruse was suc- cessful, a strong body of cavalry advanced upon ^2 Green's Journal, 29-30. WoU in his report says, that his loss was one killed and 20 wounded, that of the Texans 12 killed, 3 wounded, and 52 prisoners. Eiopedic. hechien Tijas, 15, 35; also 20-1, where a list of the names of the prisoners will be found, and among them those of the district judge, of lawyers, physicians, surgeons, and other civilians. According to WoU a Jiumber of combatants escaped. 358 END OF THE TEXAN REPUBLIC. Hayes who retreated toward the main body. WoU presently came up with the remainder of his forces and maintained a fight for about an hour, losing many men in killed and wounded. Meantime a company of 53 Texans, from Fayette county under command of Nicolas Dawson, hastened to the assistance of Cald- well, and being perceived by the enemy on their approach, were presently surrounded. The enemy, however, kept well out of range, and bringing up a light field-piece poured showers of grape upon the exposed Texans. In a short time two thirds of them had fallen, and nearly all of their horses were killed. Dawson now hoisted a white flag, but several of his men continued to fire and were put to death. By the exertions of the Mexican officers the lives of fifbeen were spared; five of these prisoners were wounded. Two men only made their escape. After this affair, which took place September 18th, WoU returned to San Antonio having lost, according to his own state- ment, 29 killed and 58 wounded."' He took with him 67 prisoners who, as usual, were sent on foot to the city of Mexico. On the 20th he departed for the Rio Grande, while Caldwell, whose force was now over 500 men, followed close upon his heels, and on one occasion engaged in a skirmish with his rear guard. For some reason that is not clear the Texans failed to attack," and after a pursuit of thirty or forty miles returned. When the news of this second invasion became known the demon of war was aroused, Houston hav- ing issued a proclamation, September 16th, calling for 2^ Among the killed ■ was Vicente Cordova, the Mexican agent at Nacogdova. ^* General Thomas Green says: ' Much has been said against Caldwell and others for not so doing, and the blame has been charged upon several; ' but he regarded it a, mischance in war rather than the want of bravery. Journal, 35. Besides the authorities on Well's campaign already quoted, see Pap. Var., 162, no. 4; Joseph C. Kobinson's account in Tex. Aim., 1868, 45-8; La Minerva, May 15, 1845, 3; Rivera, Hist. Jalapa, iii. 539-41; Busta- ■mrnite. Hist. 8. Anna, 83-4; Diario del Oob., June 1, 1842, and Feb. 8 and 9, 1843, inM; Diario Max., MS., xlv. 53, xlvi. 77, 87; Mies' Seg., Ixiii. 177-8, 338; Domenech, Hist. Mex., ii. 177-8; Yoahtm, ii. 363-6. RESULT OF INVASION. 359 volunteers to cross the Rio Grande, and assigning Bejar as the place of rendezvous, a considerable number of troops was soon in motion toward that place. General Somerville had been sent by Hous- ton, from Matagorda, to take command, an appoint- ment which did not meet with the favor of the militia men drafted, who wished to be led by General Burle- son. On arriving at Columbus, on the Colorado. Somerville found between 200 and 300 men collected. When he learned that Burleson had been sent for, and was expected to arrive presently, he forthwith dis- banded the men and returned to Matagorda. Never- theless, on October 13th, a special order was issued to General Somerville, instructing him to organize and drill such volunteers as would be obedient to orders, and to establish his camp some distance from Bejar. On his arrival there, he found about 1,200 militia men and volunteers encamped in the vicinity at six or eight different points, at distances varying from one to ten mUes. Much discontent soon manifested itself, owing to want of provisions, ammunition, and clothing, and disorder was occasioned by the insubor- dinate tendencies of some persons and the aspirations of others to the chief command. Somerville's indif- ference, moreover, and want of interest in the cam- paign, caused much murmuring, and gave encourage- ment to these ambitious malecontents. The result was that a large number of the volunteers returned home. On November 18th, however, Somerville, with 750 men, commenced his march to the Rio Grande and reached Laredo on the Texan side of the river, De- cember 8th. That Somerville had no control over his troops is apparent. But it must be borne in mind that the men under him were bent on invading Mexico, a movement contrary both to the executive's secret wishes who saw reasons to change his previous views," ^ Somerville's instructions were : ' When the force shall have assembled, if their strength and condition will warrant a movement upon the enemy, it is desirable that it should be executed with promptness and efficiency.* 360 END OF THE TEXAN REPUBLIC. and to the inclinations of Somerville. On the day after entering Laredo, which was evacuated on the approach of the Texans, Somerville moved down the river instead of crossing as was expected by the troops. This movement was regarded as an indica- tion on his part to return home. About 300 men marched to Loredo and plundered the town ; but the spoils, for the most part, were restored to the owners. On the 10th a council of war was held, the general addressed the troops with regard to the question of crossing the Rio Grande or returning home, stating his readiaess to lead them if it was still their desire to pursue the enemy. About 200 voted to return, and were permitted to do so. The Texan force was still some 550 stroi^, but Somerville's generalship disgusted the men. He caused them to march through thick chaparral down the left side of the Rio Grande, and arriving opposite Guerrero, December 14th, crossed the river on that, and the following day, and made a requisition on the town. This was very indifferently complied with, and Somerville, instead of enforcing it, recrossed the river, the passage being greatly facilitated by the use of six large flat-boats found near Guerrero. This retrograde movement increased the contempt for the general, now openly expressed. On December 19th he issued an order of march, to the effect that the army would proceed to Gonzalez, and there be dis- banded; whereupon captains Cameron, Eastland, Reese, Pierson, Ryan, and Buster, supported by their companies, refused obedience, declaring it their in- tention to march down the river and accomplish something that would redeem the expedition from contempt. Somerville, with about 200 men, mostly drafted militia, returned to Bejar, leaving 300 vol- M. C. HarmUmi, Sec. qf War, to A. Somerville, Got. 13, 1842; Yoakum, ii. 367-8. Green asserts that the president never intended to pnuish the enemy, and therefore, maintained Somerville in command, knowing that if Burleson was appointed according to the wish of the army, an invasion of Mexico would follow. Jourval, 40. ARMY MOVEMENTS. 361 unteers to operate against Mexico as they pleased.'* On the departure of Somerville, Colonel William S. Fisher was elected commander, and it being decided to descend the river to Mier, a portion of the force was embarked with baggage and provisions, on board the flat-boats, which were placed under the direction of General Green." The flotilla and land force pro- ceeded in company until December 21st, when the troops encamped together on the left bank of the Rio Grande, about seven mUes above Mier. On the fol- lowing morning, a council of war being held, it was decided to march into the city, and make a requisition on it for supplies. A sufficient number of men having been detailed for a camp-guard, Fisher, with the main body, crossed over, entered the town, and made the requisition, the alcalde promising to deliver the stores demanded on the next day at the river. Fisher then returned to camp, taking with him the alcalde as security. On the 23d the army was moved down stream to a point opposite the town, where the sup- plies were to be sent. Nothing transpired till the 25th. The requisition had not been filled, nor had any intelligence of the approach of the enemy been brought in by the scouts. But on that day a Mexican was captured, who gave the information that General Ampudia, and the former federal leader. Colonel Canales had entered the town with 700 men, pre- ^Id., 41-69; Stapp's Prisoners of Perote, 22-30. Both this author and Gen. Thomas J. Green accompanied the expedition, and were fellow-pris- oners at Perote. They published their narratives from journals kept by themselves. Alexander Somerville was a native of Maryland, and migrated to Texas in 1833, where he followed his business as a merchant at San Felipe. In 1835 he participated in the operations around San Antonio, and on the re- organization of the army, early in 1836, was made lieutenant-colonel. After the battle of San Jacinto, in which he took part, he became senator in the Texan congress in 1836-7. After his return from the ill-conducted expe- dition to the Rio Grande, he was made collector of customs at Saluria. Somerville was accidentally drowned in 1854. Yoakum, ii. 368; Thrall, 622. Both of these authors write 'Somervell.' 2' The author of the Journal of the Texan Bbypedition against Mier New York, 1845, 8vo. pp. 487. Green was an opponent of Houston's, and in his Seply to the Speech of Oeneral Sam Hoitston in the Senatu of the United States, Aug. 1, 1854, makes use of a style of vituperation which coidd only have been en- joyed by Houston's bitterest enemies. 362 END OF THE TEXAN REPUBLIC. vented the performance of the alcalde's promise, and taken up a position on the river two miles below. The Texans decided to cross the river and engage the Mexicans, Captain Baker with his spy company being sent in advance. Ampudia, however, on the approach of the army retreated into the town. The Texans now marched in the direction of the city, and at 7 o'clock in the evening, took up a posi- RouTBS OF Armies. tion on the left bank of the Alcantro,''^ a small stream flowing into the Rio Grande, after describing a semi- circle round the northern portion of the town. The night set in very dark. At the lower ford the Mexi- can cavalry was stationed, and a constant fire was kept upon them by Baker's company, distracting at- tention while Green succeeded in discovering a cross- ing some little distance above. Having crossed with some difficulty — ^the bluff being about forty feet above the water's edge, and very steep — the Texans having fired into a picket, advanced into a street leading to the principal square and protected by a cannon. From this thoroughfare they turned to the right and took possession of some stone houses, where they main- ■^* Called by Ampudia, in his report, the ^lamo. Dlario del Gob. J/cr., Jan. 19,1843. HARD FIGHTING. 363 tained themselves till morning. Thus lodged, the Texans ceased their fire, husbanding their ammunition for the coming conflict. The Mexicans kept up a continuous but useless fire for the rest of the night. When morning dawned the artillery of the enemy was soon silenced by the rifles of the Texans, and the Mexicans had recourse to the house-tops, from which they poured down volleys of musketry at the win- dows and loopholes of the buildings occupied by the Texans. But while the fire of the former had little efiect, that of the unerring Texan marksmen was deadly. Several times the enemy charged the in- vaders, but was repulsed with slaughter. Thus the contest was carried on tUl noon. Captain Berry on the previous evening had fallen down a precipice and broken his thigh. He was re- moved to a hut some little distance from the place of his accident, and Doctor Sinnickson and a guard of seven men were detailed to attend upon him. About this time the men with Berry attacked and routed a troop of the enemy's cavalry, and were presently sur- rounded by a strong body of horsemen. In attempting to fight their way through, two Texans only suc- ceeded in joining their comrades engaged in the town; three were made prisoners, and three kUled; while Captain Berry was killed in his bed. Captain Cam- eron had lost three men killed and seven wounded, and some little confusion for the first time showed itself in the Texan command. It was soon, however, suppressed; and the men were well prepared to resist another charge momentarily expected, when a flag of truce arrived from the enemy's line borne by Sinnick- son, — one of the captives just taken by the Mexican cavalry, — ^who was unaware of the heavy losses sus- tained by the Mexicans, and the shattered condition of the force. Yes, the Mexican commander had recourse to the old ruse of the white flag ; and again the Texans were hoodwinked by their crafty and treacherous foe. 364 END OF THE TEXAN REPUBLIC. Sinnickson " was directed to state to Fisher that the Mexican regular force in the city was 1700 strong, and that a reenforcement of 800 more troops was hourly expected from Monterey. Ampudia, there- fore, in the cause of humanity, offered the Texans an honorable surrender, promising them that they should be treated as prisoners of war, and should not be sent to Mexico. An hour was allowed them to choose between capitulation and death. Much discussion followed the arrival of the flag." Most of the men were not disposed to become dupes, and wished to hold their position till night and then retreat ; but still there were many, who in view of the supposed superior numbers of the enemy, the diminished supply of their own ammunition, and the apparent hopelessness of retreat, were willing to surrender. Among the latter was Fisher, who believed that a retreat would involve the loss of two-thirds of the force. Ad- dressing the troops, he recommended them to accept the terms offered. One half of the force thereupon marched into the square and delivered up their arms, followed by the rest, furious with indignation. In this engagement the aggregate force of the Texans was 261 men, 42 having been left on the east bank of the Rio Grande as camp-guard. These latter returned home in safety. The loss of the invaders was 16 killed or mortally wounded, 17 severely, and several slightly wounded." The number of Mexicans engaged was over 2,000;" what their loss was can ^ Sianickson's part has been severely condemned. See Stapp, Prisoners ofPerote, 101-2. ™ Ampudia states in his official report, that the Texans sent in the flag of truce, and that he dictated his terms to them. Diario del Gob. Mex. , Jan. 19, 1843. The fact is he was preparing to retreat in case the white flag was not received. ''list of those engaged at Mier, who were killed and mortally wounded will be found m Oreen, id sup. , 437-43. In Ampudia's official re- port, as above quoted, a list of the prisoners, 248 in number, and their avo- cations in Texas will also be found. The Mexican general states that the Texans had 38 killed, and 56 wounded. '2 The army was composed of the battalion of zapadores; a company of regular artillery; several companies of the 7th infantry; several companies of the Yucatan infantry; the 3d cavalry regiment, and some companies of citizen defenders — ' def ensores. ' ESCAPE OF PRISONERS. 365- only be conjectured; but it was probably about 600 in killed and wounded/" After their surrender the Texans were closely con- fined in crowded and filthy apartments till December 31st, when Ampudia, leaving behind the more seri- ously wounded of the Texans, took up his march to Matamoros, where he arrived with his footsore pris- oners to the number of 235, January 9, 1843. The unfortunate captives, who already realized the mis- take that had been made in relying upon Mexican veracity, were started on the 14th, under a strong cavalry guard, on their journey to Mexico. Their hardships and privations on the road were similar to those suffered by the Santa Pe prisoners, but at the large towns, especially at Monterey, they received kind treatment. Moreover Colonel Barragan, an accomplished and humane officer, took command of their escort at this city. But the deception that had been practised upon them added gall to the bitterness of captivity, and they determined to strike for free- dom. Preparations were made to charge the guard at the hacienda of Rinconada, but the plan was frus- trated by the vigilance of the commanding officer, whosuspected the plot. Having passed SaltUlo and reached the hacienda del Salado, forty leagues be- yond, on the evening of the 10th, it was determined no longer to defer making the attempt to escape. The prisoners having matured their plans, Captain Cameron was appointed to give the signal next morning. Between daylight and sunrise their breakfast was ^ Green, page 108, says between 700 and 800 killed and wounded. Stapp, ut sup., 37, considered that upward of 600 were slain, and that the number of wounded was unknown. But he places the Mexican army at the high number of over 3,200. Ampudia reported his loss to be 33 killed and 65 wounded; and that 22,000 musket cartridges had been expended in the battle, besides 900 double-shotted ones, and a quantity of artillery ammunition. These figures do not agree with Green's statement on page 109. He says, according to the official report to the war department, 900 cannon cartridges, 43,000 musket cartridges, and 300 rockets were expended. Mexican ac- counts of the Mier expedition will be found in El Sigh XIX., Jan. 11, 1843; Sustamante, Hist. Samta Arnm, 110-12; Mivera, Hist. JcUapa, iii. 571-2. S66. END OF THE TEXAN REPUBLIC. dealt out to the captives, who were confined in a large corral surrounded by high walls. The cavalry were picketed outside, and the infantry occupied a quad- rangular stone court and the buildings connected with it. A large doorway opened from the court into the corral. Cameron carelessly lounged up to the doorway, the eyes of all his fellow-prisoners intensely fixed upon itiim. Suddenly, shouting out the signal cry, he seized one of the sentiaels and disarmed him. S. H. Walker dealt similarly with the other. The Texans rushed like unleashed hounds into the court, and seizing the muskets stacked against the walls drove out the infantry after a few shots. But while arming themselves a company of infantry and some cavalrymen rallied outside, and prepared to receive them. There could be no hesitation now. Doctor Brenham and Patrick Lyons ^' leading the way, the Texans rushed through the gateway. Brenham and Lyons immediately fell, and several others were wounded. But the Mexicans had too much dread of Texans with firearms in their hands, and fled after a feeble resistance. The loss of the victors was five killed and five wounded;'* that of the Mexicans probably not many more. By this bold charge, so suddenly and successfully executed, the Texans ob- tained possession of 160 muskets and carbines, a dozen swords and pistols, three mule loads of ammu- nition, and nearly 100 mules and horses. To the number of 193,°° the fugitives, at 10 o'clock A. M., started for home. Leaving Saltillo on their right, they struck the road to Monclova, about thirty- five miles north of the former place. Thus far, all " 'Both released Santa Pe prisoners.' Stami, ut sap., 58. Brenham was one of the foremost to counsel a charge upon the guard. Id., 56. ^The names of the killed were: Brenham, Lyons, Rice, Capt. Fitzgerald, and John Hagerty; of the wounded Captain Baker, and privates Hancock, Harvey, Sansbury, and Traheru. Id., 59. '^ The wounded were left behind with about 20 others, who refused to ac- company them. Stapp, 59. Col Fisher and Gen. Green, with some others, had oeen started in advance that morning before the charge was made and could not take part in it. RECAPTURE AND DECIMATION. 367 Tiad gone well; but on February 14th, Cameron, who had been chosen commander, was induced by the ob- stinacy of the more timid of the party to abandon the road and take refuge in the mountains. This was contrary to the urgent advice of a European friend, who had met them on the way, and assured them that if they kept on the road to Monclova, no detach- ment could immediately be sent in pursuit large enough to recapture them. The step taken was fatal; they entered a barren and waterless mountain region. Hag- gard with hunger, crazy with thirst, having killed some of their animals for food, and abandoned the rest, they wandered on till the 18th, when the main body, scattered and exhausted, surrendered, without show of resistance, to a body of cavalrymen. Cameron, with about fifty of the stronger men, had preceded the rest, and been already recaptured. During the following days, stragglers were continually brought in, till the number of prisoners retaken amounted to 182." On March 25th, the forlorn captives, heavily fettered, reentered the hacienda del Salado, the scene of their former desperate achievement. Here they were presently informed that orders had been received from Santa Anna to decimate them. No time was lost. The same evening 159 white beans and 17 black ones'* were placed in an earthem crock, and the pris- oners made to draw one consecutively, a black bean signifying death. Cameron was made to draw first, but escaped the fate it was hoped would fall upon him. Three fourths of the beans were drawn before the urn yielded up the last fatal lot ; then the irons were struck off the victims, and at sunset they were led forth to die. Seated upon a log near the eastern wall, they were blindfolded, and fired upon till they ceased to breathe.'" " According to Qreen, 165-8. The same author states that 5 men died in the mountains; 5 were left there, and were supposed to have perished; and 4 effected their escape to Texas. Id., 444, 446. There is therefore a discrep- ancy of three between the original number 193 and the latter figures given by this writer. ^ Representing 176 prisoners, the sick having been left on the road. Stapp says the number was 174. 39 Their names were: John S. Czish, James D. Cocke, Major Robert Dun- 368 END OF THE TEXAN REPUBLIC. The survivors were marched to the city of Mexico, several dymg on the way. At Huehuetoca, about six leagues from the capital, Captain Cameron, who had escaped the death-lottery of March 25th, was exe- cuted, April 25th, by order of Santa Anna, The re- mainder of the prisoners were put to work at road- making. In September, the greater portion of them, were sent to the fortress of Perote, where they found Fortress or Pekotb. most of the B^jar prisoners. General Green, Colonel Fisher, and some others had been sent direct to this stronghold, and on July 2d, Green and seven other captives effected their escape, having tunnelled'through the foundations of the fortress. Through the inter- ham, Captain William M. Estland, Edward E. Este, Robert Harris, Thomas- L. Jones, Patrick Mahan, James Ogden, Charles M. Roberts, William Rowan, James L. Shepherd, J. M. N. Thompson, James N. Torrey, James Turnbull, Henry Whaling, M. C. Wing. Shepherd being struck in the face at the first fire, the ball inflicting only a bad flesh-wound, fell forward and feigned death. When night came on, he crawled away to the mountains, but com- pelled by hunger, after wandering for several weeks, surrendered himself, was taken to Saltillo, recognized, and shot in the public square. Id., 74;. Tlirall, 331. PELEASE OF PRISONERS. 369 cession of General Waddy Thompson, the last of the Bejar prisoners, to the number of thirty-eight, were released in March 1844." On the subject of the release of the Mier prisoners, much correspondence was carried on between the gov- ernments of Texas and those of the United States and Great Britain, through their representatives. The expedition xmder Fisher was conducted without the sanction of the Texan government, and in direct de- fiance of General Somerville's order to march home. By the United States and Great Britain it was re- garded as a marauding incursion, and those powers remonstrated with Texas, when it sought their inter- position in behalf of the prisoners. The defence of the Texan government, however, was based on reason- able grounds. Admitting, said the executive, that they went without orders, and were thereby placed beyond the protection of the rules of war, yet the Mexican officers, by proposing terms of capitulation to the men, relieved them from the responsibility which they had incurred." *" Tkompson, Recol. Mex., 77-9. Particulars as to the fates of the 67 Bejar prisoners are supplied by Green, pp. 447-8. Number of those who escaped July 2, 1843 5 Released by Santa-Robinson, his commissioner 1 Released through the intercession of U. S. minister 3 Released through the intercession of Gen. Jackson 1 Killed at Salado 2 Died in prison in Mexico 8 Escaped from Mexico 3 Released from Perote 38 Number of prisoners of whom there is no knowledge, but who are presumed to have perished 6 Total 67 *iOn this subject, see Yoahim, ii. .'595-8. The opposition papers of the time charged the president with endeavoring to prejudice Santa Anna against the prisoners by admitting that the movement across the Rio Grande had been made on their own responsibility. On Jan. 10, 1846, Gen. Green pub- lished an address to the people of Texas in which he holds Houston respon- sible for the decimation of the Mier prisoners March 25, 1843, on the ground that he begged the mercy of the Mexican government for them, ' though they had entered Mexico contrary to law and authority. ' Copy will be found in Green's Reply, ut sup., 29-36 et seq. Green, in his Journal of the. Texan Expe- dition against Mier, expressed himself very bitterly against Houston, and brought forward charges against him which the latter considered so serious that he denounced them, Aug. 1, 1854, as calumnies before the U. S. senate, of which he was then member from Texas. Houston dealt equally severely Hist. Mex. States, Vol. II. 24 370 END OF THE TEXAN REPUBLIC. Meantime the captives were kept in confinement, and most of them made to do servile labor. From time to time a few escaped; eleven were released through the intercession of the United States and British ministers, and no small number of them died under their privations. Finally the remainder, 107 in number, were liberated by Santa Anna, September 16, 1844, in commemoration of Mexico's national day." Both the Santa F^ and Mier expeditions prove that Texas was in no condition to carry on an offen- sive war against Mexico. with Green, and considered that his book should receive the attention of the chairman of the committee of the library of congress, and be condemned. Houston's speech elicited a reply from Green, who in scathing terms assailed his opponent. Cong. Olohe, 1854, app. 1214-18; Id., 1855, 742; Green's Meply to Houston, Feb. 15, 185.5, p. 67. ^'^ Drfensor Iriteg. Nac., Sept. 25, Oct. 5, 1844; the names of the released prisoners being given. Three of them were released from the Santiago prison in the capital, and the remaining 104 from Perote. Rivera, Hht. Jatofpa, iii. 633. ^rom Green's Journal I gather the following particulars relative to the Mier prisoners. Number Texans who fought at Mier 261 Number of killed in battle 10 Nnmber of men who died of wounds 6 Number of men who escaped from Mier 2 18 Number of prisoners 243 KUled at Salado, Feb. 11, 1843 5 Texans shot at Salado, March 25, 1843 17 Captain Camero, shot Apr. 25, 1843 1 Texans who died ia the mountains .... 5 Texans left in the mountains 5 Texans who escaped from the mountains 4 Texans left wounded at Mier and who escaped 8 Texans who died in Mexico (1843) 35 Released through intercession of U. S. min 7 Released through intercession of H. B. M.'s min 4 Released by Santa Anna voluntarily 3 Escaped from the city of Mexico 9 Escaped from Perote, July 2, 1843 3 : from Perote, March 25, 1844 9 115 Number of captives remaining 128 Released in September 1844 107 21 Orlando Phelps was released by Santa Anna on the arrival of the prisoners at the capital — Thompson's RecoUec. Mex., 75-6 — and W. P. Stapp — author of The Prisoners of Perote, Philadelphia, 1845, p. 164 — was liberated May 16, 1844, and five other captives a few weeks previous to the final release. Green, 477. Thus 14 prisoners are vmacoounted for, it being presumable that they may be added to Green's list of those who died of sicfcaess and priva- tions during their incarceration. ANOTHER Uli-FATED APFAIR. 371 One more unsuccessful expedition has to be re- corded. In 1842 information was received in Texas that a richly laden Mexican caravan would start on its return to Santa F6 from Missouri in the spring of 1843. On application to the government, Colonel Jacob Snively was authorized to organize a force for the purpose of intercepting it, as it crossed territory- claimed by Texas, south of the Arkansas river, and through which the Santa Fe trail ran. At the end of May, Snively, with about 180 men, reached the Arkansas and encamped on the right bank, 25 miles below the point where the caravan route crossed the river. Here they learned, through their scouts, that a Mexican force of 500 or 600 men was in the neigh- borhood waiting to escort the caravan when it arrived. On June 17th the Texans received news of its ap- proach, and moreover, that it was guarded by 200 U. S. dragoons under Captain Philip St George Cooke. On the 20th they fell in with a large ad- vance party of the Mexican force; an encounter en- sued, seventeen of the enemy were slain, and eighty taken prisoners, the Texans obtaining a good supply of provisions and horses. After this feat, dissension divided the command into two parties, one of which, about seventy in number, abandoned the enterprise and elected Captain Chandler as their leader to con- duct them home. Snively's camp was discovered by Cooke, June 30th, who thereupon sent for the Texan leader and informed him that he was on United States territory. Snively protested ; Cooke refused to listen to any explanation, crossed the river with his dragoons, and compelled the Texans to give up their arms. Snively's party numbered only 107 men, and Cooke had brought two pieces of artillery to bear upon them. The United States' officer allowed them to retain ten muskets for self-protection! They were 600 miles away from home, with Mexicans on one side and hostile Indians on the other. Fortunately Chandler's party was still not far off and had escaped 372 END OF THE TEXAN REPUBLIC. the observation of Cooke, who offered to escort to Independence, Missouri, as many of Snively's men as might choose to go thither. About 50 Texans ac- cepted the invitation ; the rest united with Chandler's command. Some attempt was stUl made to go after tlie caravan, but the adventurers, fearing they would be overpowered, abandoned the project, and turned their steps homeward. After two encounters with Indians, in which four of their number were killed, the Texans reached Bird's Fort, on the Trinity, August 6th, and there disbanded." One of the Bejar prisoners confined in the fortress of Perote was J. W. Robinson, lieutenant-governor of Texas in 1835. Probably with no other intention than that of gaining his liberty, he addressed, Janu- ary 9, 1843, a letter to Santa Anna, then in retire- ment at Manga de Clavo, stating that he believed, if a personal interview were granted him, that he could furnish Santa Anna with important information, and lay before him a plan for the reunion of Texas with Mexico, the details of which it would be impos- sible to explain by letter. He proceeded to state that the Texans were anxious for peace, but its establish- ment could not be effected without first entering into an armistice; that if this were done great benefits would result to Mexico. The Texan people, he said, discontented with the administration of Houston, would become disposed to a reunion, and he did not hesitate to assure his excellency that Texas would agree to reunion under the following nine conditions : that there should be an amnesty for the past; that « Yoakum, ii. 399^05; TlirdU, 332-6. Both these authors consulted various manuscripts, written by persons who accompanied the expedition, among which may be mentioned, S. A. Miller's Journal, and the account by Colonel Huyh F. Young, of San Antonio. The U. S. afterward recognized that the Texans were not on U. S. soil, and finally paid §18.50 for each fire- arm taken. When Gen. Houston was Senator in the congress at Washing- ton he declared that tlie expedition was unauthorized, but Yoakum quotes from the letter of instructions from the sec. of war, and Young — according to Thrall — states that he saw one signed Sam Houston. INTERPOSITION INYOKED. 373 Texas should recognize the sovereignty of Mexico; that Texas should have a separate government ; should defend herself against hostile Indians, and assist Mexico in reducing them to obedience; should send representatives to the Mexican congress ; would pay her contingent of Mexico's national debt ; contribute her quota toward the expenses of the general govern- ment; in cases of litigation Texas should have the right of appeal to the supreme court of Mexico ; and that Mexicans who had taken part in the Texan revo- lution should not lose their rights. This precious communication was sent by Santa Anna to Jose Maria Tornel, the minister of war, re- questing him to lay it before the substitute president, Nicold,s Bravo; if that functuary gave his approval, Santa Anna would grant Robinson an interview. Bravo did approve, and the government authorized the retired dictator to negotiate with Robinson as he might think proper. The result was that the Bejar prisoner was released, appointed commissioner by Santa Anna, and despatched, without loss of time, with instructions to propose, on the part of Mexico, the reincorporation of Texas, on the basis appended in the note below." Of course the proposition was not entertained for a moment ; in fact it was scoffed at by the people. But all the world might laugh while Robinson had the satisfaction of having gained his liberty. In the meantime the Texan government had applied ** Mexico, desirous of terminating the war, offered to grant an Tinre- stricted amnesty to all whom it might concern; the security of person and property would be guaranteed; the inhabitants of Texas should lay down their arms, and acCnowledge the sovereignty, laws, rules, and orders of Mexico, without the slightest modification; this fundamental basis being admitted, Texas might appoint her functionaries and authorities, military and political, in accordance with the constitution; Mexican troops should not be sent into Texas while Texas should provide for her own security on the frontiers; with regard to the legislative power, laws considered proper for the good government of Texas, might be proposed to the general congress for approval; and lastly Texas should conform in all other matters to regu- lations that might be established for the other departments of the republic. El Sigh XIX, July 12, 1843, in which the whole official correspondence on this matter is published. 374 END OF THE TEXAN REPUBLIC. to the three powers, the United States, Great Britain, and France, invoking their joint interposition, to out an end to the war." The British government, however, while signifying its readiness to mediate alone, declined to act jointly with the United States, believing that the relations between the latter power and Mexico, were such as would not tend to advance the object aimed at by the proposed representation. But Great Britain, none the less, proffered her good services to Mexico singly." That a more narrow than usual self-interest guided England's policy with regard to Texas cannot be denied. She would gladly have seen the young nation's independent sovereignty acknowledged by Mexico, and lastingly maintained; and was correspondingly unwilling to witness the aggrandizement of the United States by the annexation of Texas. When, therefore, the annexation question was again agitated in the cabinet at Washington early in 1843," Percy Doyle, the British representative at Mexico, mediated so suc- cessfully that Santa Anna, secretly disposed to treat, agreed to an armistice. Doyle was authorized to in- form President Houston, through Charles Elliot, British charge d'affairs to Texas, that he would give immediate orders for the cessation of hostihties, and would be ready to receive commissioners from Texas, to treat on the terms of peace proposed by him. Doyle's courier was taken by the British sloop-of-war Sylla, to Galveston, arriving there June 9th. Houston accepted the proposal, and on the 15th of the same month issued a proclamation, ordering a cessation of hostilities pending negotiations for peace between the two countries.** ** Copy of Houston's address to the Great Powers, dated Oct. 15, 1842, is supplied ia Lester's Houston and las Sep., 163-7. *^ Smith's Rem. Tex. Rep., 44. " Tyler and his cabinet were favorable to annexation. On Feb. 10, 1S43, Van Zandt, the Texan charge d'aflfairs at Washington, was informed by his government that he was authorized to intimate to the U. S. gov't, ,if the matter were brought up, that in case any advance were made on its part, Texas would renew the proposal for annexation. Yoahun, 407 48 Copy in Niks' Reg., Ixiv,, 307, COMMISSIONERS APPOINTED. 375 Negotiations were conducted slowly. Texas was in no haste in the matter. The longer the interval of peace, the better would it be for her interests in every point of view. Communications were interchanged through the medium of the British representatives in the two countries, relative to various matters prelim- inary to the appointment of commissioners, such as the question of the reciprocal release of prisoners — ^the Mexican government complaining that all the pris- oners captured at San Jacinto had not been liberated — the recalling of the forces under Snively, and the killing of Mexicans lately on the south-western border. All these matters were successively settled by Houston, who stated that all San Jacinto prisoners had been set at liberty in 1 837, that Snively had been recalled, and that the Mexicans killed on the borders were banditti, who assumed either nationality as suited their marauding purposes. On September 26th, George W. Hockley and Samuel M. Williams were appointed the commissioners on the part of Texas, to meet those of General WoU, who had been authorized by Santa Anna to treat with Texas concerning the terms of the armistice. The appointees of WoU were Senores Landeras and Jaunequi. The instructions given to Hockley and Wil- liams indicate the desire of the Texan government to gain time. They were to endeavor to establish a general armistice pending negotiations for a permanent peace, and for such further period as they could agree upon, requiring due notice to be given by either party dis- posed to resume hostilities, through the minister of Great Britain, near the corrbsponding government, six months previous to any act of hostility. They were also to agree that Texas should appoint com- missioners, clothed with full powers, to meet at the capital of Mexico, to negotiate for the adjustment of difficulties and the establishment of a permanent peace. The United States and Great Britain were watch- 376 END OF THE TEXAN REPUBLIC. ing each other's action as bearing upon the future of the young repubhc, with jealous eyes; and now the government of the former nation showed its intention no longer to look quietly on. President Tyler's views with regard to annexation were no secret, nor was it a matter of doubt that the question would be brought before the house when congress met in December 1843. The Mexican government, accordingly, in August of that year, declared that the passage of any act by the congress at Washington to incorporate Texas with the United States would be considered equivalent to a declaration of war." Tyler, in his message to congress December 5, 1843, regarded this threat on the part of Mexico as extraordinary, and after remarking that since the battle of San Jacinto the war had consisted for the most part of predatory incursions, stated that the United States had an im- mediate interest in seeing that an end be put to the state of hostilities existing between Mexico and Texas ; that such a system of warfare, by weakening both powers, rendered them subjects of interference on the part of more powerful nations ; that the United States could not be expected to permit such interference to their own disadvantage, and that the government was bound, by every consideration of interest and sym- pathy, to see that Texas should be left free to act, unawed by force, and unrestrained by the policy of other countries. The language is plain, and the intention evident. Mexico was not to wage war with Texas, nor were European powers to interfere by mediation in the ad- justment of the difficulties between the two nations, or endeavor to establish peace between them. While the preliminary negotiations for the armistice were going on, England invited France to join her in the mediation, and these powers did not fail to comment severely upon the ill-advised remarks of President ^'Bocanegra to Waddy Thompsmi, in U. 8. H, Ex. Doc, 28 cong., 1 sess., no. 2, 26-7. See correspondence on the subject in Id., 27-30, 35, 38-9, 41-8. AKNEXATION AND SLAVERY. 377 Tyler, made at a time when a cessation of hostilities had actually occurred, and without considering in any degree what might be the wishes of the people of Texas or the decision of her government on matters touching her own welfare. But the United States were greatly agitated by the idea that a blow was be- ing aimed by England, through Texas, at one of their own institutions. It was believed by the entire mass of the southern people, and a large portion of the in- habitants of the northern states, that a plan was being formed in Great Britain to abolish slavery in the south."* Opposed as were the people of the north to slavery, they were not going to tolerate the interfer- ence of a foreign power in the settlement of the nation's domestic concerns. Texas was, therefore, no longer to be regarded unfavorably by them, as had hitherto been the case, and a tolerably strong party, friendly to annexation, sprung up among them. As for Mexico, when she became aware of the steps which were being taken in the United States and Texas to procure the incorporation of the latter, her indignation knew no bounds. Meantime the peace commissioners met at Salinas" ^ It ■was considered in the U. S. that the leading motive of England in taking such an active interest in the aflfairs of Texas was her design to effect the abolition of slavery in that country. Yoakum takes this view, and goes so far as to state that ' Mr Doyle, the British charge d'affaires, had been in- structed to propose to Mexico a settlement of her difficulties with Texas, based upon the abolition of slavery in the latter. ' This is untrue; and Ashbel Smith, Texan minister in London at the time, takes the trouble to correct this ' grave error ' as he calls it. ' Mr Doyle,' says he, ' was not so instructed; he was not instructed at all on these matters. Rem. Tex. Rep., 58. The fact of the matter is that it was the British and Foreign Anti-slavery Society in London, and not the English cabinet that caused the hubbub, and produced the exas- peration in the U. S. against Great Britain. It was the meddlesome mem- bers of this society that hastened the annexation; and the same author expresses his belief that the British government had no sympathy with or respect for them. Consult, on this subject, Id., 49-58. Anson Jones says — Mem., 1850, p. 52, in Thrall, 347 — 'the subject of domestic slavery, about which so much alarm existed in 1844-5, was never so much as mentioned or alluded to by the British minister to the government of Texas, except to disclaim, in the most emphatic terms, any intention on the part of England ever to interfere with it here. ' See also Nilca' Reg. , Ixiv. 404. On the diplo- matic negotiations with Great Britain see Smith, ut sup., 59-64. 51 Not, as Yoakum has it, Sabinas, ii. 421; Thrall, p. 337, seems to have copied this error. See Rivera, Hist. Jalapa, iii. 624. 378 END OF THE TEXAK REPUBLIC. on the -west side of the Rio Grande. After some difficulties the proceedings were hastened by the agi- tation which prevailed, owing to the news from the United States, and on February 15, 1844, the armis- tice was signed, the arrangements being made that hostilities should cease pending negotiations for peace, the duration of which was not to be extended beyond May 1st, unless peace was probable. Houston refused to ratify it, as it referred to Texas as a department of Mexico, and on June 16th, WoU instructed by Santa Anna, sent in a manifesto to Houston announcing that Mexico had resumed hostilities." But during the short remaining existence of the Texan republic her foe confined her hostile intentions to menaces and preparations for war. At the election held September 2, 1844, Anson Jones was chosen president, and Kenneth L. Ander- son, vice-president. No more important election had yet been held in the republic, inasmuch as it repre- sented at that date the feelings of the people on the great question of incorporation into the United States. Edward Burleson was Jones' competitor and an an- nexationist. The total number of votes cast was 12,752, of which Jones polled 7,037, and Burleson 5,661, the remaining 54 votes being scattering." Jones was supposed to be an anti-annexationist. The , ninth congress having met and organized, December 3d, President Houston delivered his fare- well message. He represented the foreign and do- ^2 Assigning as the reason, the failure of the commissioners to proceed to Mexico, according to the 4th art. of the armistice, to regulate differences. Copy in Niks' Reg., Ixvi. 382. Relative to this armistice and English rela- tions with Texas the reader can consult, Id., Ixiv. 307, 404; Ixv. 34, 178, 212; Ixvi. 96-8, 113, 280, 382; Ixvii. 113-14; Rivera, Hist. Jalapa, iii. 600-1, 623-7; Bustamante, Hist. S. Anna, 112-16; De Bow's Encyc, 1844, 2d ed. 265-9. ^ The number of counties was 36, which sent up 61 delegates to the con- vention of 1845, 35 of whom were anti-annexationists, and 26 annexationists. In Mies' Reg., Ixviii. 249, will be found a tabular form, giving the names of the counties, the number of votes cast in each, and the number of delegates sent by each. Only five counties, namely, Harris, Harrison, Nacogdoches, Red River, and Washington sent three delegates; Mont- gomery sent four; eighteen counties sent one delegate, and thirteen sent two. ANSON JONES, PRESIDENT. 379 mestic relations of the republic to be in a prosperous condition. Treaties of amity, navigation, and com- merce had been exchanged with several of the German states. The most important part of the message refers to the subjects of the proceeding pages of this chapter. "The governments of Great Britain and France," he says, "still maintain towards us those sentiments of friendship and good feeling which have ever marked their intercourse with us, and which it should continue to be our studious care, by every proper manifestation on our part, to strengthen and reciprocate. There is no ground to suspect that the late agitation of international questions between this republic, and that of the United States, has in any degree abated their desire for our continued pros- perity and independence, or caused them to relax their good offices to bring about the speedy and honorable adjustment of our difficulties with Mexico. That they should evince anxiety for our separate existence, and permanent independence as a nation is not only natural, but entirely commendable." And he adds, that they were too well acquainted with the history of the Texan republic's origin, to suppose that she would surrender one jot of liberty and right of self- government. "They will not ask it, they do not ex- pect it, we would not yield it." " Such were the words of the president some ten months before the popular vote proclaimed almost unanimously in favor of annexation. But Houston had some reason for expressing himself thus. On June 8th the United States senate, after continuing in secret session till 9 o'clock p. M., discussing the treaty of annexation, which had been brought before it by a joint resolution of the house, rejected its ratification by a vote of 35 to 16." Politically, Texas was not in an enviable position at this time. She was, unwittingly, the shuttlecock of stronger powers. Influenced by agi- ^ Niks' Reg., Ixvii. 272. ^Cang. Olobe, 28 cong., 1 sess., xiii.; pt 1, p. 692. 380 END OF THE TEXAN REPUBLIC. tators from the United States, which used England as their bugbear, her people rapidly changed their feelings against annexation. Rather than occupy the position of a minor nation, she consented to throw down the sceptre of individual sovereignty under the shield of her powerful sister, while saving her own dignity by waiting to be invited to do so. On retiring from office, Houston was surrounded by stanch friends and bitter enemies, who were not choice in the language they made use of in denouncing each other's policy. But it is not my purpose to record the many unseemly recriminations, the numerous personal insults, which at this time and later,*' were bandied to and fro between the parties," or to con- stitute myself a judge. But an unbiased observer cannot ignore facts. Houston, by the close of his second administration, had again, by a pacific policy, brought the Indians to terms of peace;** by his sug- gestions the expenses of the government were so re- ^^ Consult, Qreiris Jowmal, Mier Meped., passim. Houston's Speech, Aug. 1, 1854, in Cong. Globe, 1854, append. 1214-18. Id., 1855, 742. Green's Reply to Houston, Feb. 15, 1855, p. 67. *' On the question of annexation. Branch T. Archer — formerly a member of Lamar's cabinet — came out with a letter in which he considered that he proved that Houston and Jones ' pledged themselves to the Brittsh govern- ment that they were opposed to annexation.' Id., Ixviii. 374. How utterly at variance vrith this assertion are Anson Jones' remarks ! In his Memor- anda for 1850, under date of Feb. 1st, we read: 'The annexation of Texas is an event, the resulting consequences of which are too vast to be yet rea- lized or calculated. Of this measure I was the architect. I saved it subse- quently from the destructive violence of some potent enemies, as well as of its best friends in the United States and Texas, who, like the boys ia chase of the butterfly, would have crushed it iu their imprudent and impatient grasp. I'he exciting and balancing of the constantly acting and re-acting rival influences of England, France, Mexico, and the United States, and conveying them aU to tlie one point, with the view, and for the purpose of effecting my object, was a labor, in which for five years I did not give sleep to my eyes or slumber to my eyelids, and in which I was finally successful.' lipp. Tex., 44r-5. The course adopted by Jones gave mortal offence to Houston. *^ A treaty of perpetual amity was concluded Sept. 28, 1843, with ten tribes, viz: the Tiwaheones, Keachies, Waooes, Caddoes, Anadalikoes, Ironies, Cherokees, Boloxies, Dela wares, and Chickasaws. Miles' Eeg. , Ixv. 195. The celebrated Texan ranger. Col John C. Hays, says: 'Before the annexation of Texas the Indians in that part of the country were pretty well whipped out, and they retreated far back into the interior with their families, and mostly ceased their depredations upon the whites.' Hays' Life a/nd Adven., MS., 11. The Comanones are, doubtless, referred to by the coloud. CHARACTER OP" HOUSTON. 381 duced that the revenue was adequate to meet them ; and both in an agricultural and commercial point of view Texas thrived under his non-hostile policy. Houston was a singular man. Gifted with no ordi- nary abiUties and well educated, he was fully capable of guiding the helm of government. His great fail- ings were vanity and its companion — -jealousy. More- over, he clothed himself in a robe of mystery, thereby causing oflPence. The student of history cannot fail to be impressed with his achievements in the cause of Texas. Mistakes he made, but they were more in the direction of giving offence to opponents than measures detrimental to the solidity and vitality of his adopted country, whose interests he had ever at heart. Houston had hard men to deal with — fiery spirits, all anlbitious of fame. During the struggle for independence, the most enterprising and the boldest men flocked into Texas from the United States — men prominent alike by their physical and mental capabilities. Texas offered a field on which they might win renown. Thus it was that high position in the army was ever a contested prize, and each aspiring officer sought to be the leader. With such aspirants, it is not to be wondered that every move and every act of the gen- eral-in-chief were taken notice of and criticised un- favorably by those who thought they could do better. His Fabian policy in his famous retreat from Gonzalez caused much murmuring and ill-will among his impa- tient followers. But his principle was sound in the highest degree. To lure the enemy to the banks of the Sabine, far from his base of supplies and source of recruits, and give him battle on a broader land, where the Texans could confidently expect military aid from the United States, was matchless strategy. This engagement with the foe at San Jacinto was doubtless brought about, to some extent, by pressure. But, if Houston had not had a clear perception of every probability of victory, he never would have fought that battle. His moral courage was para- 382 END OF THE TEXAN REPUBLIC. mount to insubordinate dictation. His troubles, also, with regards to immigrants were not light. Every incomer was determined and ready to sustain his claim to the land on which he settled, whether hold- ing a forged or legal certificate of "head-right.' The fact that Houston maintained himself at the head of such a community proves his ability and worth. In his inaugural address President Jones stated that his object would be the maintenance of public credit ; the reduction of the expenses of government ; the abolishment of paper issues; the revision of the tariff law; the establishment of a system of public schools ; the attainment of speedy peace with Mexico, and friendly and just relations with the Indians on the frontier; the introduction of the penitentiary sys- tem ; and the encouragement of internal improvement. Not a word was said on the subject of annexation. Jones' administration was destined to be short. On February 28, 1845, a joint resolution of the two houses in favor of the incorporation of Texas into the union was passed in the United States' congress. On March 1st President Polk signed the document, and to Texas was left the decision of accepting or not the invitation. President Jones on May 5th issued a proclamation for the election of delegates to a gen- eral convention to consider the proposition passed by the United States' congress. On July 4th the con- vention met at Austin, and appointed a committee to which the question was referred to be reported upon. The committee drew up an ordinance in the form of a joint resolution in favor of annexation, recommending its adoption by both houses of congress. Only one member voted against the ordinance," which was '' Richaxd Bache, a grandson of Benjamin Franklin, representative for Galveston. Thrall, 350. Copy of the joint resolution of the U. S. congress submitted to Texas will he found in U. S. Charters and Comtii., ii. 1764^5. By the terms of it all public edifices, fortifications, barracks, ports, and harbors, navy and navy-yards, docks, magarines, arms, and armanent were to be ceded to the V. S., while Texas was to retain possession of all her public lands. CONSTITUTION AND ADMISSION. 383 submitted, together with a new constitution/" framed and adopted by the convention, to the decision of the people. On October 13th both the ordinance and the constitution were ratified by an almost unanimous vote. President Polk, December 29, 1845, approved the joint resolution of the United States congress that Texas should be admitted into the union," and on February 19, 1846, President Jones surrendered the executive authority to the newly elected governor, J. Pinckney Henderson. °^ The lone star of Texas sank below the horizon to rise again amidst a constel- lation of unapproachable splendor. ™ According to this state constitution, the legislature was to meet biennially; senators were to be chosen for four years, one-half biennially; ministers of the gospel were not elegible to the legislature; bills for raising revenue were to originate in the house of representatives; the governor's veto to any bill could be nullified by a subsequent two-thirds' vote of both houses in its favor; after 1850 a census of the free white population was to be taken every eight years for the apportionment of representation. The judiciary was to consist of one supreme court, district courts, and inferior courts; the judges of the supreme and district courts were appointed by the governor, with consent of two thirds of the senate, and hold office for six years; the supreme court had appellate jurisdiction only, and in criminal cases, and in appeals from interlocutory judgments, it was regulated by the legislature. The district courts had original jurisdiction in all criminal cases, and if the punishment was not specifically determined by law, the jury were to determine it. County courts for probate business were established and held in each county. The governor was chosen by plurality of votes for two years, and was only elegible for four years out of six; he could hold no other office, civil or military One-tenth of the annual revenue by taxa- tion was to be appropriated to free public schools. No corporation with banking privileges was to be chartered. The aggregate of state debt con- tracted in future was not to exceed $100,000. Family homesteads, not ex- ceeding 200 acres, and in value $2,000, were exempted from forced sale. Amendments to this constitution, after having been agreed to by two-thirds of each house, were to be submitted to the people; if then approved by a majority of the voters, and subsequently by two thirds of each house of the next legislature, they became valid parts of the constitution. Fisher and CoV/y's Amer. Statis. An., 1854, 394-5. «! U. S. H. Misc., vol. 19, doc. 45, pt 4, 122-4. ^2 For fuller particulars on the subject of the Texan annexation see Hist. Mex., V. -322-38, this series; Mies' Reg., bcxii. 222-3, 267-8, 287; Ixxiii. 11, 31, 47, 147, 235-9, 280-2, 398^11; Ixxiv. 105-6; U. S., Rejmh. of, 62; Galla- tin's Pence with Mex., 7-9; Otero, Comun. Negoe. Dip., in Pap. Var., 87, no. 14. William Kennedy, Texas : Tlie Rise, Progress, and Prospects of the RepuljUc oj Tems. London, 1841, 8vo, 2 vols., pp. lii, 378, and vi. 548; 2 maps. The author of this valuable work served in 1838, under Lord Durham, Governor- General of Canada, as assistant commissioner for enquiring into the munici- pal institutions of Lower Canada. Lord Durham's abrupt resignation having Drought the commission to a permature close, Kennedy took the opportunity of visiting a large portion of the U. S., and extended his journey to 'iexas. During his residence there circumstances were so favorable to his acquiring 384 END OF THE TEXAN REPUBLIC. information on the political condition of the country, as to induce him to undertake the task of publishing the result of his enquiries and observations. His work contains a comprehensive history of all important events in Texas, from 1690 to 1840, and suppUes a vast amount of information on every subject included in the 'rise, progress, and prospects' of a new country. Kennedy was a keen observer; and better still, his observations were eon- ducted without prejudice, and are correct; his reflections were deeply thoughtful, and, though evidently regarding with favor the Anglo-American colonists, and vindicating them in their action with regard to Mexico, his conclusions are just. His style is particularly graceful, felicitous, and at- tractive, rising frequently to eloquence; and the different topics and subjects of his work are well and carefully combined. Two good maps accompany it, one of which, facing p. 336, vol. 1., indicates the grants of land conceded under the empresario system of Mexico. Another edition was published in N. Y. in 1844. H. Yoakum — History of Texas from its first settlemevt in 1685, to its Annexa- tion to tlie United States in I846. New York, 1856, 8vo, 2 vols., pp. 482, 576. lUust. and maps. This is a work which may be considered as one oif the best, if not the best, history of Texas. No other production of the kind in English supplies a more complete account of Texan events, the author hav- ing had the advantage of preceding works of importance, such as those of Kennedy, Foote, and other writers. His account of the early missionary labors and the founding, system, and decline of the missions is good, though brief; as also the information which he gives about the Indian tribes and their wars against the whites. Yoakum certainly made many mistakes, and has been frequently corrected by subsequent writers ; he was an in- timate friend of General Houston, and displays his admiration of him in his work; but this does not warrant Richardson, in saying that Yoakum's partiality was carried to an extreme of adulation, and habitually ignored the sanctity of truth. The same writer considered that there was no doubt that Yoakum received his data and voluminous documents from Houston, in spite of the latter's assertion that the work was one with which the com- mander-in-chief had no connection. This may be true to some extent, but when he goes on to say, ' we entertain no doubt that there are, in that book, letters, despatches, and documents, which were concocted for the book, and long posterior to the events they refer to,' — Tex. Aim., 1860, 36 — such a remark is not only reckless, as Richardson does not produce a shadow of proof, but bears the mark of enmity and malice. Yoakum supplies a large number of documents in his appendices, among which mention must be made of the copy of an old record in the archives of Bejar, bearing the date of 1744, and which contains much information on the early history of Texas; and of a memoir written by Col. Ellis P. Bean, about the year 1816, in which an account of Nolan's iaroad is given, and of Bean's subsequent romantic career in Mexico, first as a prisoner, and afterward as a soldier fighting in the cause of the independence. Henry Stuart Foote — Texas and the Texans. or Advance qft?ie Angh-Ameri- mns to the South-West, etc., etc. Philadelphia, 1841, 12mo, 2vdls., pp. viii. 314, and v. 403. This author opens his work with a review of the leading events in Mexico, from the conquest by Cortes to the termination of the war of independence. He then enters upon Texan matters, and describes the numerous expeditions into Texas from the U. S. Of the Fredonian war he gives a very full account, preceded by a sketch of the progress of Austin's colony. The second volume is devoted to the Texan war of independence, and the causes which led to its outbreak. In a postscript some informa- tion is given concerning the claims of the U. S. to 'iexas, at different periods after the purchase of Louisiana, and the efforts to confirm a title to the ter- ritory. Foote had at his disposal much valuable material, and supplies copies of a number of important documents. He had been invited while in Texas, he informs us in his preface, ' to undertake a History of the War of Texan Independence, by more than twenty of the most conspicuous actors in BIBLIOGRAPHY. 385 that war.' This may explain his strong one-sidedness, but is no excuse for his frequently indulging in contemptuous and undignified expressions when speaking of the Mexicans. His work, however, is a valuable contribution to- lexan history. Mary Aiistin HoUey, Texas. Lexington, Ky., 1836. I2mo., pp. viii. 410; Map. This authoress published a few years previously, Texas, Observations, Historical, Geographical, and Descriptive, in a Series of Letters vmtten during a Visit to Austin's Colony, with a View to a Permanent Setthmeni in that Country, in t?ie Avtumn of 1831. Baltimore, 1833, 12 mo., pp. 167. The work under consideration is an enlargement of the former issue, and contains a very correct description of the physical features of Texas, besides a large amount of historical matter, which is supported by copies of important documents. Mrs HoUey concludes her narrative with a brief recital of the battle of San Jacinto, furnishing a list of the killed and wounded on the Texan side, as also Houston's Army Orders of May 5, 1836. Attached" is an appendix containing ' The Constitution of the Mexican United States, ' and ' Constitu- tion of the Republic of Texas,' with a list of the signers of the 'Declara-* tion of Rights. In The QuaHerly Review, vol. Ixi. p. 332, a slighting remark is made, charging the authoress with giving the moat favorable prospect of the new country for the purpose of inducing the immigration of settlers from the U. S. — the writer of the article sarcastically printing her name 'Austin ' in italics. But the whole tone of his article is stamped with a lack of appreciat- ing what a struggle for free principles against despotism really is. With regard to Mrs HoUey 's style I quote the following passage from The NorthAmer- ican Review, vol. xhii., no. xcii. p. 257. 'Mrs HoUey has given an agreeable account of her visit, in her own femininely graceful style, yet by no means destitute of expression and force; and her statements, as to the natural features of the country, are, in substance, correct.' This remark refers to her earlier work. W. B. Dewees — Letters from an Early Settler of Teaxts. Compiled by Cara Cardelle. LouisviUe, Ky., 1852, 12mo. pp. viii. 312. There is internal evi- dence that his work is not what it purports to be. The compUer states in her preface that she ' chanced to find, among the papers of a worthy friend„ a large pile of letters from Texas, some of them bearing an early date in the history of that country. ' Interested in the perusal of them she professes, to have obtained leave from Dewees to pubUsh them, and remarks, ' I give them as they are, from the pen of the author, lest by revising and correct- ing, some gem should be lost or beauty marred.' The first letter is dated 'Long Prairie, Ark., March 1, 1819,' and the last 'Columbus, Texas, Feb. 3, 1852,' being in answer to the compiler's request that Dewees would write her ' concerning the prosperity of your country, from the date of your last letter (January, 1850) up to the present time; ' that is, Jan. 15, 1852. Now without discussing the many extraordinary historical mistakes scattered through the volume, attention is caUed to that in the third letter dated June 10, 1821. The writer says, on pp. 20-22, ' Nacogdoches is an old Spanish town, situated on the San Antonio and Louisiana road, about sixty miles west of the Sabine river, in the state of Coahuila and Texas; ' and ajgain: 'During my stay in Nacogdoches, I learned that Mr Moses Austin, of Missouri, had received permission from the Mexican government to estab- lish a colony in the state of Coahuila and Texas.' Here is a glaring anach- ronism that could not have been perpetrated by Dewees; the state of Coa- huila and Texas was not formed till May 7, 1824 — see iadex this volume. That at least some of these letters are spurious there is incontrovertible evidence. In the 19th letter, dated Columbus, Texas, May 15, 1836, the writer has not scrupled to copy almost verbatim from Mrs Jlolley's Texas, pp. 354^5. 1 quote a few passages. Dewees writes 'Colonel Travis, on whose head a price was set, when wounded and dying was attacked by a Mexican officer who seemed intent on strihing the body q/'the dead; ' Mrs HoUey has, ' who, m imitation of the western savage seemed desirous of striking tlie body of the dead, the other portion of the passage being identical. Dewees, Hist. Mex. States, Vol. II. 'Si. 386 END OF THE TEXAN REPUBLIC. has, ' Travis met and plunged his sword m the breast of the savage Mexican, and they fell, the victor with the victim, to rise no more. ' Mrs Holley writes, "Travis met and plunged his sword in the breast of the advancing enemy, and fell, the victor with the victim, to rise no more. ' Again the following passage is almost word for word, the same as the corres- ponding one in Mrs Holley's work. ' Immediately after the fall of the Alamo, Gen. Santa Aima sent Mrs Dickenson and Col Travis' servant to <}en. Houston's camp, accompanied by a Mexican, with a flag, who bore a note from Santa Anna offering the Texans peace and a general amnesty if they would lay down their arms and submit to his government. Gen. Houston's reply was "True, sir, you have succeeded in killing some of our brave men, but the Texans are not yet whipped. " ' Now Mrs HoUey pub- lished in her work, which was issued in Lexington, Kentucky, in 1836, Army Orders of Gen. Houston, dated May 5, 1836, and it was impossible that Dewees could have had the work before him at the time when his letter is pretended to have been written. The conclusion that the letters were "written long after the dates assigned to them is indisputable. With regard to their matter, they contain numerous accounts of fights with Indians, and of the distressed condition of the early settlers. In historical matters they are marked by inaccuracies and exaggeration. Anson Jones — Memoranda and Official Correspondence relating to t/i£ Republic of Texas; its History and Annexation. Including a brief Atctolnography of the Author. New York, 1859, 8vo, pp. 648. The author of this work went to Texas in 1833, and fought against the Mexicans as a soldier in the ranks. After the independence of Texas, he was successively representative, sena- tor, secretary of state, minister, and president. His book consequently con- tains a vast amount of information; as he gives in it not only his private memoirs, but all his official correspondence, especially during 1841 to 1844. It is divided in 'Private Memoirs,' 'Memoranda,' in the form of a journal. and 'Letters, etc.,' among which appear extracts from a number of Texan and U. S. newspapers. The work contains extensive information on all political afiairs in Texas, from the time of his arrival, to within a few weeks of his death, Jan. 7, 1858. Especially valuable are his remarks on the cam- paign of 1836, the annexation question, and the schemes of England. During Jones' presidency Gen. Houston became estranged from him and, according to his own statement, page 520, assumed a hostile attitude toward him, both politically and personally. Doctor Jones was subject to paroxysms of gloom, and in a fit of despondency took his own life on the above mentioned date. An elaborate volume by Homer S. Thrall, — A Pictorial History of Texas, from tlie Earliest Visits of European Adventurers, to A. D., 1879, etc, etc, St Louis, Mo. 8vo, pp. xix, and 861, map, — supplies extensive information re- garding Texas, the author having had access to many official documents, and the opportunity of perusing a large number of histories, pamphlets, and addresses bearing upon his subject. He has, therefore, been able to place before his reader, in a condensed form, a vast accumulation of historical events, and in all main features, it is safe to say that he is generally correct. Toward the close of the period which ThraU's work covers, he is scanty and very delicate about expressing any views of political matters. The works comprises all matters connected T^ith the history of the state. Lists of the executives and the personnel of the different departments will be found in the notes, and brief descriptions, in alphabetical order, of tlie counties are supplied, as also accounts of charitable and educational insti- tutions and churches. Information is given on agricultural industries, rail- ways and commerce, population and the growing wealth of the state. Perhaps the most valuable and interesting portion of the book is that devoted to biographical notices of prominent Texans, of whom he furnishes a list of over 200, their names arranged alphabetically. The work is so com- prehensive in details, and methodical in construction, that it may be regarded as a miniature cyclopedia rather than a history of Texas. FULLER REFEEENCE. 387 The following is a list of the principal authorities consulted in the preced- ing chapters: U. S. government documents, notably Cong. Debates; Id. Globe; Sen. Doc.; Sen. Miscel. Doc.; Sen. Sep.; H. Ex. Docs ; H. Miscel. Docs; H. Com. Rep.; H. Jour.; Charters and Constitutions ; Sen. Jour.; to the respective indices of which the reader is referred for Texas affairs; Hules and Articles for Govt Armies, Houston, 1839, 20 pp.; Texas Sepealed, passim; Texas State Gaz., iv. app.; Laws of Rep. of Texas, for the years 1838^5; Texas, Message ofPres., Houston, 1838, 32 pp.; Laying Corner-stone New State Capital, Aus- tin, 1885, 43 pp. ; Tex. Almanacs, for the years 1858-61, 1867-9, see indices; Filisola, Mem. Hist. Guer. Tex., vols i. and ii.; Kennedy's Tex., vols i. and ii.; Baker's Tex., passim; Cordova's Tex., 3-6, 102-53; Jay's Mex. War, 20-106; Holley's Tex., passim; Houston's Letter to Sania Ana; Id., Life of, 211-24; Id., Message, May 12th, Houston, 1838, 9 pp.; Id., Mess. Relative to Ind. Affairs, Houston, 1838, 13 pp.; Foote's Tex., passim; Mex. Manifest del Gong. Gen., Mex., 1836, 20 pp.; Id., Rel. Exter., 1838, 12-14, 18; Id., Mem. Hoc., 1838, 7; Id., Col. Leyes, 1829--30; Thrall's Tex., 18-701; Rivera, Jalapa, iii., passim; Young's Hist, of Mex., 262-606; Gray's Outline Hist., 1-16; Linn's Reminis., 65, 225-312; U. S. Repub., 58-268; Burnett's Address to the Sen., Houston, 1838, 8 pp. ; Lester's Houston and Ms Repub., 45-201; Dublcm and Lcaamo, Leg. Mex., ill. 141-88; iv. 154, 198; v. 17; Roberts' Descript. Tex., i.-iv.; Willson's Amer. Hist., 665-72; Gum's Memoirs, MS., 2-4, 249-55; Potter's Texas Revol, 27 pp.; Tex. Coll. Docs, nos 3-7, 19, 53-8, 65; Hansm-d's Pari. Rec., Ixv. 964-5; Ixxiv. 1227, 1330; Id., Pari. Deb., xxxvii. 191-202; Hay's Ufe, MS., 3, 7, 11-33; Nihs' Register, covering the period, see indices; Federadon y Texas, 39 pp.; Dewees' Letters frrnn Tex., 223-98, 304r-8; PaUcm's Hist. U. 8., 686-91; Domenech, Hist, du Mex., 177-8, 187-96; Id., Jamr. Missionaire, 10, 25, 325-442; Falconer's Discern. Miss., 34-52; Hist. Doc. Cal, i. 72; ii. 21, 36; Fry's Life of Taylor, 71-86; Gallatin's Peace with Mex., 7-9, 15-23; Green's Journal, passim; Id., Reply to HovMon, 29-66; Id., Speech in U. S. Sen., 3-67; Gratton's Civ. Amer., ii. 261-5, 278-311; Hooton's St Louis Isle, Lond., 1847, 204 pp.; Jenkins' Mex. War, passim; Id., Life of Polk, 120-33, 236-45; Peiroe's Rough Sketch, MS., 93-8; Id., Jour., MS., 100-9; Varios Impresos, 2, no. vi. 1-96; Giddings' Speeclies, 97-118; Smith's Reminis. Tex., Galv., 1876, 82 pp.; Barley, Tex.; Benton's Deb. in Cong., xii. 650-2, 805; xiii. 802; xx. 673-4; Id., Tliirty Years' View, ii. 581-624, 665-76; Bustamante, Diario Mex., MS., xliv. 81, 109, 127, 169; xlv. 53, 71, 168; xlvi. 31, 77, 87; Id., GaMnete Mex., MS., i. 5, 23-4, 45; ii. 7-14, 158-70, 183-5; iv. 17; Id., Mem. Hist. Mex., MS., ii. 46-50, 61-2, 71-6, 90-3, 166-7; Id., Hist. Santa Anna, 5-6, 42-50, 110-16, 301; Cebcdlos, Vind. de Mex., 43-50, 1S-7; Channing's Letter to Clay; Complaint of Mex.; BtmneWs Desvrip. Tex., 117-50; KendalVs Narr. of Tex., Santa Fi Exped., ii. 11-406; Kennedy's Sveech in U. S. Sen.,; Blanchard's S. Juam, 522- 6, 543-72; Ahnonte, Notic. Estadist. Tex., 5-10, 51, 68-70, 76-7; Adams, Dis- curso del Ex-presidente, Mex., 1836, 22 pp.; Rep. Mex. Border Oommiss., 245 efcseq.; Tomel, Tejas Estad. Unid., 1-98; Mies' S. Amer. and Mex., 1.250-69, 356-69, 372; Ramsey's Other Side, 21-4; Cranes Wash. Co. Tex., 25-9, 33; Tex., Dictamen de Comis Unidas, 24 pp.; Texas, History of, or Emig. Guide to, N. Y., 1844, 275 pp.; Fournel, Coup d'Oeil, 20-1, 38, 41, 53-6; Tejas, Exped. hedia en, 1-56; Id., Com. Agreg. Estad. Unid., 3-30; Porter's Rev. Mex. War, 9-35; Mex. Comunic. Agreg. Tex., 7-30; Mansfield's Mex. War, 9-19, 22-4; Amer. State Papers, vi. 412-27; Arrittaga, Recap., 1836, 234, 331-3; 1837, 40, 86-7, 268-9, 398, 596-7; 1838, 187, 212-13; Austin Directory, 1877-8, 1-33; Tex. in I84O, 23-8, 61-7, 209-22, 248-56; Marcy's Army Life, 63, 356-90; Texas Ccm.fram Sec. oftU Treas., Houston, 1838, 16 pp.; Goodrich's Hist. N. and S. Amer., 268-70, 810-61; Dickenson's Speeches, 1. 127-59; Larenaudikre. Mex. y Gnat., 239-40; Lamatr's Letter on Annex, of Tex.; Id., Inaug. Address, Houston, 1838, 11 pp.; Rivero, Mex. en 18J0, 118, 223; Guerra entre Mex. ylos Estad. Unid., 17, 21-2; Yuc. Manifest Gob. Prov., 16-37; Peeler and Maxey's Mercer Colony Case; McOahe's CompreMnsive View, 761-2; Thompson's Recol Mex., passim; Ohmtcd's Journey, 472-4; Sumner's Orations, ii. 107-16; Robin- son's Mex., 256-61; Ripley's War Mex., i. 58; I'exan Revolution; MacOregor's 388 END OF THE TEXAN KEPUBLIO. Progress of Amer., ii. 1036, 1256; Baqueiro, Bnsayo Yuc., i."42-5; Barreiro, Resuamn, 36 pp.; Hutchison's Reminis., 198-208; War in Texas, 64 pp.; Rejim, Orecendo Justijicacion, 1-35; HunCs Address to People of Tex., 21-43; Id., Pvh- lic Lcmds and Debt of Tex., 16 pp.; PaladoLeyes, 1844-6, 115-17; Otero, Obras, MS., 1. 313-17; ii. 1^; Tex., UU. Comunic., Max., 1846, 22 pp.; Derruocratic Rev., 1839^5; Pap. Var., 75, no. 14, 85, no. 15, 106, no. 7, 111, no. 1, 143, no. 19, 149, no. 12; Mayer's Mex. War, 54-66, 74^5; Id., Mex. as It Was and Is, 312; Rouliam, Regions Nmmelles, 27; Land. Geog. Soc. Jour., xiii. 202-44; Fislier's Memorials, 3-87; De Sow's Stat. View, 32-168; Edinburgh Rev., no. 147, p. 266, no. 157, p. 180-2; NoHhAmer. Rev., xliii. 251-7; Hvm^s Merck. Mag., ii. 264^5; iv. 564; xvi. 486, 557; xviii. 504; Amer. Rev., 75-81; Gauge's Fiscal Hist. Tex., 54-102, 292-318; Gould's Alamo CUy Guide, 23-7; Putnam's Monthly Mag., iii. 183-94; iv. 639-44; HohVs Wild lAfe in Far West, 18-32; Reid's Tramp, 42-5, 52; Payne's Hist. European Colonies, 310-11; Hardman's Frontier Life, 197-248; Muller, Reisen en Mex., iii. 315-17 In connection with the preceding, a large number of newspaper authorities have been ex- amined. Seal of Texas. CHAPTER XV TEXAS AS A STATE. 184&-1859. ■Social OoNDrrioN of the Texans — Population — Poamoif of Maie- PACTORS — SiMPLicrry of Households — The Literate Element — Gov- ernor Hendekson's Inauguration — Texans' Doings in the Mexican Wab — Wood's Administration — Dispute about the Possession of Santa Fi — Governor Bell — The Texan Debt — ^Pearcb's Bill — The Santa Fe and Public Debt Questions — Scaling the Debt — Pease's Administration — Prosperity — Indian Depredations — Native Colo- nies — Prospects op Success — ^Vicious Indian Settlers — Angry Frontier-men — A Barbarous Massacre — ^Removal of the Indian Colonists — Final Adjustment of the Public Debt — Financial MAinrEKS — Hostility to Mexicans — ^The Cart War — Political Par- ties — Biography of Rusk — Administration op Runnels — The Slavery Agitation — Houston Elected Governor. Texas now entered upon a new phase of existence. She had presented to the world the extraordinary spectacle of a nation voluntarily surrendering its na- tionality, of a sovereign people laying down their sceptre of autonomy. But her gain was not small. No longer had she to support an army and navy, or bear the expenses of a diplomatic corps and postal service. With regard to her internal condition it had greatly improved. Agricultural productions had in- creased, and by 1845 the exports nearly equalled the imports.' Having arrived at a distinctive period of ' For the year ending July 31, 1844, the importa amounted to $686,503, and the exports to $615,119, showing a balance of trade against the re- public of $71,384. In 1839 the corresponding balance was $1,232,379, or more than 17 times as much. Gouge, in his Fiscal Hist., 128, supplies these figures, and points out the effect of excessive issues of paper currency in en- couraging importa and discouraging exports. Though there is some truth in his remark, he fails to take notice of the fact that the production of raw material in Texas was rapidly increasing, and would naturally affect the balance of trade. (389) 390 TEXAS AS A STATE. Texan history, it will not be out of place to take a retrospective glance at the social condition of those extraordiijary men who wrested from a powerful nation this fair portion of her territory. It is impossible to arrive at any certain estimate as to the number of the Anglo-Texan population before the year 1847, when the first census was taken, show- ing the number of that race to be 100,508." A cal- culation based upon the number of votes cast in Sep- tember, 1844, at the presidential election, gives the figures 51,008 ;' but when it is considered how widely the population was dispersed, and the consequent probability that no small number of the country voters would be unable to appear at the polls, these figures may be regarded as too low. The Mexican element at this time numbered about 4,000 souls. These, with the exception of the Mexicans resident at Bejar, Goliad, and Nacogdoches, were scattered among the settlements. Some few European immi- grants, for the most part English, Irish, and Germans, were also to be found.'' San Patricio, which was es- sentially an Irish colony, contained quite a number of that race. English settlers, also, shortly before the annexation, were constantly arriving, some of whom engaged in raising sheep, bringing with them flocks of the best bred wool-producers in Great Britain. When it is borne in mind from how many states of the northern union the early settlers of Texas proceeded, that descendants of the pilgrim fathers, and Hollanders from the north, of the old Virginia cavaliers, and of the ancient Huguenots who settled in South Caro- lina, that hunters from Kentucky and Tennessee, and illitera;te frontier farmers all flocked to this land of promise, it will be recognized how motley was the ' Consult note 4, chapter xiv. 'The number of votes was 12,752, and each voter is estimated to repre- sent four persons, including himself. * In 1845 a German colony wai foimded by Prince de Solms, on the Guad- alupe river. At first these settlers suffered much from sickness, but their county capital, New Braunfels is now a thriving place. Linn's Rem., 348. ELEMENTS OF SOCIETY. 391 community at this time. But on their arrival, previous rivalries and jealousies, arising from dif- ferent origins and local interests, to a great extent disappeared. They had met in a new land under a common name, and were ready to aid each other and live in friendship, but as yet no national character distinguished the people of Texas. Neither in manners, customs, nor dress, did they display uni- formity ; and each new-comer, finding no general model, retained the habits he had brought with him. In their intercourse with each other and with strang- ers, they exhibited a freedom, and a want of the tinsel of politeness — so often the cloak of insincerity — whick might not always have pleased the transient traveller; but if he possessed ordinary common sense, he soon discovered the virtues of frankness, truthfulness, and hospitality in the Texan settler. With regard to the criminal element, the murderers and fugitives from justice of which the people were said to be largely composed, I fail to find these hasty assertions verified. Either the Texans were intention- ally maligned, or else they were introduced to the world by writers who had no personal knowledge of them. That numbers of malefactors found their way into Texas cannot be denied; but they were in so small a minority that they possessed no influence ; and it may justly be said that in respect to this social detriment, Texas suffered no more than the settle- ments in all the frontier states of the union.' Over the class of people which is the subject of these re- marks a vigilant watch was kept by the community, and an immigrant guUty of crime, who had made * Unbiassed travellers recognized this. Consult Pwrher's Trip to tlie Went cmd Tex., 169-70; Texas, A Visit to, heinff tJie Jovmal of a Traveler, 214^16; Texas, A History of, or the Emigrants' Gwde, 230. These works, published re- spectively in 1835, 1834, and 1844, contain much excellent information, and are evidently reliable. Jake Johnson, a native Texan, and son of an old pioneer who in early days was a stock-raiser and farmer in Gonzalez county, writing in 1886, says, 'The reason Texas has such a bad name>is that when the lawless of other portions of the country commit depredations, they come to Texas, and thus give the state a bad name. ' Bace Horses in Tex. ,, MS., 1. ^ 392 TEXAS AS A STATE. Texas his place of refuge, was generally careful not to repeat the offence which had caused his expatriation. To suppose that no murders, or no violence occurred in Texas, would be to imagine a millennium. Many abominable crimes were perpetrated; but they were not in greater proportion than every newly settled country in the United States has been subject to; whUe at the same time theft and burglary were car- ried on to a much less extent. In manners and morals the conduct of the Anglo-Texans would bear comparison with those of any new country. In most of the towns could be found a billiard room, and in the suburbs a. race-course. The amuse- ments derived from these sources were greatly in vogue among the Texans. Though the legislature attempted to suppress gambling,* this vice was greatly practised in private. With regard to the use of in- toxicating liquors the Texans could not be charged with too strict temperance. In the older settlements some comfortable frame- houses could be seen at this date, and occasionally a few of brick. In these might be found good imported furniture and articles of luxury, such as pianos, sofas, and bureaus. But the dwellings of most of the set- tlers, especially in the country, were of logs, with furniture of the simplest kind, generally made on the spot out of materials at hand. A few boards with supports roughly put together, constituted the house- hold table, and chair frame-works were covered with raw hides. The female part of the community per- formed nearly all the household duties; and refined as were the wives of many immigrants, they were not exempt from severe toil unless they held slaves. Food was of the simplest kind, except in the towns and the better class of country establishments. Corn- meal bread, meat, and sweet or Irish potatoes consti- ^ On May 26, 1837, an act was passed making all games of chance, played by persons holding banks for the purpose of inviting betters thereto, penal offences. Lmm Repuh. Tex., i. 228-9. This law had the effect of suppressing gambling in public only. HENDERSON, FIRST GOVERNOR 393 tuted the principal viands in the outly'ng districts. The corn was frequently left standing in the field, and gathered only as it became wanted.' The chief ex- ports were cotton, sugar, live-stock, and peltries. Indeed, the agricultural productions as yet were very few, and confined to those of the first necessity. A large portion of the settlers at this time was composed of illiterate men, drawn from the class of industrious husbandmen whose tastes and avocations precluded the acquirement of an education. But, nevertheless, among the early immigrants into Texas were many highly cultured persons. The various professions were represented by numerous indi- viduals who displayed great intelligence and skill in their particular callings ; many were gifted with con- versational powers and versed in literature and science. During the last years of the republic, gradua,tes from half the colleges in the United States could be found in Texas. ^. On the 16th of February, 1846, the inauguration of J. Pinckney Henderson," the first governor of the 'Parker — writing, however, a decade before the annexation — aays: 'It used to amuse me, when we rode up to a house at night and called for a meal, to hear the women sing out to a boy, " Run to the field and bring two or three ears of com, I want to make some bread for the gentlemen's supper. ' " Utsup., 130-1. " Texas, A Hist, of, 230-1. 'Henderson was born in Lincoln county, N. C, March 31, 1809. For several years he studied at the university of Chapel HUl, and having adopted the profession of law was admitted to practise in N. C. at the early age of nineteen. His intense application while preparing for his profession injured his constitution. He want to Texas in 1836, and in 1837 was appointed minister from the republic of Texas to England and France, where he suc- ceeded in obtaining a recognition of the independence of Texas. He married Frances Cox, in London, in October, 1839. On his return to Texas in 1840 he practised his profession till 1844, when he was appointed minister pleni- potentiary to act in concert with Colonel Van Zandt, the charge d' affairs of , Texas to the United States, to negotiate a treaty of annexation. The treaty was, however, rejected by the U. S. senate. In the war with Mexico, Hen- derson signalized himself, especially at the capture of Monterey, and was one of the commissioners appointed by Taylor to treat with Ampudia for the surrender of that place. On his return to Texas he declined a renomi- nation as candidate for the govemship, and resumed the practise of his pro- fession. He died in June, 1858, at the federal capital, having proceeded thither to fill the vacancy in the U. S. senate occasioned ])y the death of Senator Rusk. Tex. Aim., 18G8, 55-8; T/irall, 551; Cong. Olohe, 1858, 899; Tex. State Oaz., iv. app., IGl-G. 394 TEXAS AS A STATE. new state took place. By the constitution whicli had been drawn up by the convention and ratified by pop- ular vote the year before,'" the governor's term of office was fixed at two years, the power of veto being granted him. He also had the privilege of nominat- ing the justices of the supreme court, and the judges of the eight judicial districts which were formed by the legislature. His nominations were to be con- firmed by a vote of two thirds of the senate, and the appointees were to hold office for six years. When the joint resolutions of the United States congress, in favor of annexation, were officially pub- lished, March 7, 1845, General Almonte, the Mexi- can minister at Washington, denounced the proceeding in a vehement protest, and demanded his passports. As there could now be no doubt of war with Mexico — a result which the United States was really playing for — General Taylor, who, pending negotiations, had been stationed on the Sabine with a strong force of United States troops, was ordered to establish his headquarters at Corpus Christi, at the mouth of the Nueces. This significant movement was effected at the end of June. The Mexicans were, however, making vigorous preparations for war, and were mass- ing troops at Matamoros, evidently the first point to be attacked if the enemy invaded Mexican territory. As the events of the Mexican war are fully nar- rated in another volume," I shall not, of course, enter into particulars here; yet it would be an injustice to the Texan volunteers, who bore a noble part in that struggle, that in the history of their country, no mention of their achievements should be made. As soon as hostilities seemed inevitable, the Texan legislature passed a bill authorizing Governor Hen- derson to take command of the Texans who might be mustered into the service of the United States. On ^It was approved by the people on the second Monday in Oct. 1846. " Bht. Mex., V. 346-548, this series. THE MEXICAN WAH. 395 May 2, 1846, a requisition for two regiments of in- fantry and two of cavalry was made on Texas. On May Sth and 9th, the battles of Palo Alto and Re- saca de la Palma were fought, but it does not appear that many Texan s took part in them,''' and it is prob- able that Henderson did not join Taylor with his command until the army had reached Camargo. The limited means of transportation, and uncertainty with regard to supplies, induced Taylor, while on his march Crrr op MoNiBREr. against Monterey, to leave a large number of volun- teers on garrison duty in towns on the Rio Grande. Thus, the 1st and 2d regiments only of the Texan division accampanied the army on that memorable campaign. In the attack upon Monterey, the 1st regiment mounted volunteers under Colonel John C. Hays, the celebrated ranger, was detached and sent with General Worth to make a demonstration on the western side of the town, while Taylor assaulted on the east. '''Capt. Samuel H. Walker, of the Texan Rangers, however, performed eminent service as a scout. He was afterward killed at Huamautla, while' serving in Gen. Lane's command. 396 TEXAS AS A STATE. The city, which was strongly fortified and garris- oned, was assailed by Taylor September 21st. The attack lasted three days, on the last of which Hender- son led in person the 2d regiment of Texans, who, dismounting, acted as infantry. Being cut off from his men by a murderous fire, he narrowly escaped death. Meanwhile Worth, making a detour, had gained the other side of the town. On the 21st, he engaged a body of Mexicans 1,500 strong, and it was mainly owing to the strategy of Hays, and the deadly fire of the Texan Rangers, who were in advance, that a furious cavalry charge was repulsed and a victory gained. On the western side of Monterey lie two fortified heights, one on each side of the river on which the town is situated. These strongholds, known by the names of La Federacion and Cerro del Obispado, commanded the approach to the place. That after- noon a force of 300 men, half of them Texans, stormed and occupied La Federacion on the south side ; and before daylight on the following morning 200 Texans led by Hays and Walker, with three companies of the artillery battalion and three companies of the 8th in- fantry, scaled in two columns, under cover of a mist, the almost perpendicular, height of El Obispado, and well nigh reached the summit before the alarm was given. Then a volley was poured down upon them. But the work was soon carried, and as fresh troops arrived in support, the strong fort of El Obispado was assaulted and taken. The Texans, however, had to mourn the death of Captain Gillispie, whose loss was deeply lamented. The investment of the city on the west side was complete ; and during the next two days the Ameri- cans so successfully pushed their way into the city — the Texans bearing a prominent part in the struggle — that on the 24th Ampudia capitulated, General Henderson being appointed by Taylor one of the com- TEXAN HEROES. 397 missioners to treat about the terms of surrender. All through the war the Texans distinguished themselves. Hays' regiment, of which the old rangers formed the nucleus, and among whom were such spirits as Benjamin McCuUoch, Major Mike Chevalie, Samuel A. Walker, McMuUen, Kit Acklin, J. B. McGowan, and others, after serving in Taylor's cam- paign on the Rio Grande, was transferred to Scott's command. The efficiency of these mounted troopers was marked wherever the army marched. Serving equally as well on foot as on horseback, they would storm a height or charge the enemy's cavalry with the same indifference, intrepidity, and success. On the road they were the terror of the guerrilla bands, and in the towns objects of dread to antagonists, and of awe to non-combatants. Their uncouth, wild, and fierce appearance, their strange garb, and their repu- tation for contempt of every form of danger, gained for them in Mexico the belief that they were more than human — ^that they were beings intermediate be- tween man and devil. In the city of Mexico, some of these brave, single-hearted; and patriotic men fell beneath the knives of assassins, and the smouldered remains of many others lie buried in Mexican soil all the way from Vera Cruz to the capital." While Governor Henderson was alssent in command of the Texan volunteers, his place was filled by Lieu- tenant-governor Horton. On December 21, 1847,. George T. Wood" was inaugurated as the second governor of the state, and John A. Greer as lieuten- ant-governor. During Wood's administration, a con- troversy arose between Texas and the United States which could not fail to make the former reflect some- what seriously upon the surrender of her separate ^ Hays' Ufe, MS., 39-60; Tex. Aim., 1868, 58-9; Thrall, 358-9; Mor^hy, 450-1. "Wood was a native of Georgia; came to Texas in 1836, and m 1846 raised a regiment for the Mexican war, in which he served with distinction. He died in Panola county in 1856. Tlirall, 635. 398 TEXAS AS A STATE. nationality. When war was formally declared be- tween Mexico and the United States, General Kearney took possession of Santa Fe in the name of the latter power; and when, by the treaty of Guadalupe Hidalgo, February 22, 1848, New Mexico was ceded to the United States, Colonel Munroe was placed in com- mand there. As the reader is aware, Texas laid claim to all that portion of New Mexico lying east of the Rio Grande; and in 1848 the state legislature passed an act extending her jurisdiction over it, and Judge Beard was sent to hold the district court. Colonel Munroe ignored the Texan judge, and ordered the election of a territorial delegate to the United States congress. The controversy assumed a serious phase. Governor Wood threatened force, a menace which the cabinet at Washington met by notifying the bellicose governor that if the Texans attempted to take forcible possession of New Mexico they would be treated as intruders. This question, which not only deeply concerned Texas but threatened a serious breach between the northern and southern states owing to the sympathy of the latter with Texas, was finally combined with that regarding the settlement of the public debt. At the election of 1849, P. Hansborough Bell" was chosen governor, and John A. Greer reelected lieutenant-governor. Governor Bell was inaugurated in December of the same year, and on the expiration of his term, was reelected. His administration was marked by the settlement of the two absorbing ques- tions of the boundary line and the public debt. On the incorporation of Texas into the union, the United States' government, of course, acquired the revenue derived from the customs. These receipts, however, had been pledged by the late republic as ^'' Was a native of Virginia; landed at Velasco in March 1836, and f ouglit ag a private at San Jacinto. In 1845 he became a captain of rangers, and during the Mexican war was colonel of volunteers. He served two terms in the DT S. congress, and then settled in N. C. According to Thrall, 501, he was still alive in 1879. INDEBTEDNESS AND BOUNDAKY. 399 security for the payment of a certain portion of her debt ; and when they were passed over to the federal government, the bond-holders clamorously maintained that the United States had become responsible for the liabilities of Texas/" and pressed for a speedy settle- ment. This matter, as well as the boundary question, was discussed at great length in both houses, and on January 29, 18,50, Henry Clay introduced among other " compromise resolutions," one designed to solve the perplexing questions of dispute with Texas." Meantime the excitement with regard to the question of ownership of that part of New Mexico lying east of the Rio Grande increased both in Texas and the United States. To show her serious deter- mination not to yield her claim, a joint resolution was passed, February 11, 1850, by the legislature of the new state, not only asserting her right to the disputed ground, but declaring her intention to maintain the integrity of the territory.'* The several resolutions of Clay's bill were slowly discussed, and on August 5, 1850, James A. Pearce, senator from Maryland, introduced a bill making definite proposi- tions to the state of Texas relative to her boundary and the payment of her public debt. They were to '*That portion of the debt, however, for which the revenue from customs was specially pledged, only amounted to $868,000, ostensible value, or $611,- 784.50 par value. Hunt's Merck. Mag., xxiv. 111. " ' Resolved, that it be proposed to the state of Texas, that the U. S. will provide for the payment of all that portion of the legitimate and bona fide public debt of that state contracted prior to its annexation to the U. S., and for which the duties on foreign imports were pledged by the said state to its creditors, not exceeding the sum of $ , in consideration of the said duties so pledged having been no longer applicable to that object, after the caid annexation, but having thenceforward become payable to the U. S., and upon condition, also, that the said state of Texas shall, by some solemn and authentic act of her legislature, or of a convention, relinquish to the U. S. any claim which it has to any part of New yieidco.,' Benton's Alridg. Debates, Cong., xvi. 388, 391. ^ ' Resolved by the legislature of the state of Texas, that all that terri- tory which lies east of the Rio Grande, and a line running north from the source of the Rio Grande to the forty-second degree of north latitude, and south of the forty -second degree of north latitude and west and south of the line designated in the treaty between the U. S. and the late republic of Texas, of right belongs to the state of Texas, is included within her rightful civil and political jurisdiction, and the state of Texas will main- tain the integrity of her territory.' Tex., General Laws, iii., pt 1, 207-8. 400 TEXAS AS A STATE. this effect : Texas was to agree that her boundary on the north should commence at the point at which the meridian of one hundred degrees west from Green- wich is intersected by the parallel of thirty-six de- grees and thirty minutes north latitude, and should run from that point due west to the meridian of 103° west from Greenwich; thence the boundary line should run due south to the 328 of north latitude, thence on the said parallel to the Rio Grande, and thence with the channel of that river to the gulf of Mexico. Texas was to cede to the United States all her claim to territory outside of these limits, and to relinquish all claim on the United States for liability for her debts, or compensation for the surrender of her ships, forts, custom-houses, custom-house revenue, public buildings, etc. The United States, in consid- eration of the establishment of said boundary, and relinquishment of claims, would pay to Texas $10,- 000,000," in stock bearing five per centum, and re- deemable at the end of fourteen years. No more than $5,000,000 of said stock was to be issued until the creditors of the state of Texas had filed at the treasury of the United States releases of aU claims against the United States on account of Texan bonds. ^° This bill passed the senate, August 7th, by a vote of thirty yeas and twenty nays, and on September 4th following, passed the house by a vote of 108 against 97. The president having signed the bill, which was called the Boundary Act, it was forwarded to Gov- ernor, Bell, who forthwith called an extra session of the legislature. The propositions met with violent opposition. Bell in his message advised the occupancy of Santa Fe with a military force, suggest- ing, however, that the vacant lands of that district might be sold to the United States provided that Texas retained jurisdiction over it. Apart from the i» Benton had proposed, Jan. 16th, that $15,000,000 should be paid Texas for similar considerations. Cong. Globe, xxii., pt 2, 1262. ^'Copy of the bill will be found in Benton's Abridg. Debates^ Conq., xvi^ 590. TEXAS CLAIMS. 401- unwillingness to yield territory on a general principle, there was one feature in the bill especially repulsive to the Texans, and that was the retaining half of the $10,000,000 in the United States' treasury until the creditors of Texas were paid. This self-protective condition imposed by the United States was regarded as a reflection on Texas, since it seemed to insinuate that she would not be disposed to meet her liabilities promptly if she obtained possession of the whole amount. Then again, agreement to the propositions was required to be given on or before December 1, 1850, a proviso which, taken with the general tone of the document, and the unconditional assent expected, was regarded as a symptom of domination to which a sovereign state ought not to be subject. The ques- tion having been discussed with much warmth and at great length, the propositions of the United States were finally accepted, November 25 th, and a law passed to that effect." By this act Texas waved her fictitious claim to about 98,380 square miles of the territory of New Mexico." 21 After reciting the provisions of Pearoe's bill, it is declared in the act, ' 1st. That the state of Texas hereby agrees to and accepts said propositions; and it is hereby declared that the state shall be bound by the terms thereof, according to their true import and meaning; 2d. That the governor of this state be, and he is hereby requested to cause a copy of this act, authenti- cated under the seal of the state, to be furnished to the president of the U. S., by mail, as early as practicable.' Gouge, Fisc. Hist. Tex., 179. 22 The claim of Texas to Santa Fe and district was as unwarrantable as the earlier claim of the U. S. that the Rio Grande was the boundary line of Mexico. Yet Texans and Texan writers still regard it as a legitimate one. Thrall, page 367, says: 'It will be seen that Texas sold 98,380 square miles, equal ,to 56,249,640 acres. Had Mr Clay's bill passed, we should have lost much more.' It is not easy to perceive how Texas could lose what she never had. On the boundary question consult Miles' Beg., lii. 241; liii. 180, 306; Hv. 180-5; Iv. 118, 304; Ivii. 1, 65, 280; Iviii. 99, 227, 274; Ixxv. 156-7; U. &'. H. Ex. Doc, cong. 25, sess. I, doc. 42; Mex. Treaties, i. no. 6; Ccmg. Globe, 1838-9, 98-9, 109-10, 219; U. S. Mepub. of, 269; Mayer's Mex. A^., i. 334^6; Gallatin's Peacewiih Mex., 15-25; Hunt's Merch. Mag , xix. 328; RusKs Speech, 1850; Mason's Speech, May27,1850; McLean's Speech, June 5, 1850; GrattowsCiv. Amer.,ii. 269-70; Thrall, 361-7. It may be argued that the U.S. seemed to recog- nize to some extent the claim of Texas to the eastern half of New Mexico. Such was not the case; the speakers in the debates on the boundary bill generally disclaimed all right of Texas to the territory of Santa Fe. Moore of Pennsyl- vania expressed the general opinion when he said that not one dollar would he vote as a remuneration for the territory which Texas claimed; but that that state having been annexed to the U. S., which took all her means of revenue, they were responsible for her debts. Gouge, lit sup., 177-8. Hist. Mex. States, Vol. II. 26 402 TEXAS AS A STATE. This matter having been settled, the $5,000,000 was paid into the state treasury in February, 1852. The amount of the indebtedness of the late republic had been determined previously by the state. Ac- cording to the report of the auditor and comptroller, dated November 12, 1851, the ostensible indebted- ness of Texas was $12,436,991, including interest. But the state, in view of the low price at which a large portion of the bonds issued by the republican government had been sold, did not consider itself bound to pay their full face value. It is here neces- sary to take a retrospective glance at the action taken by the state government in this matter. The first legislature met at Austin, February 16, 1846, and gave its attention to the subject of the public debt. A select committee was appointed, and sent in its report March 1, 1846. This committee stated that there was no other means of paying the public creditors than by the sale of the public lands, and recommended that these be sold to the United States' government. So much with regard to the question of means at that date ; respecting the amount to be paid, however, the committee were of opinion that Texas should only be bound to return to her creditors what, according to just average, they had paid for her securities, with interest at the rate stip- ulated in the bond. On March 24th a committee of the state senate made a report in favor of selling thQ public lands to the federal government, but ex- pressed the opinion that there should be a legislative classification of all debts against the extinct republic of Texas, and that each creditor should be awarded relief and payment according to the merits of his case." The committee accordingly sent in the drafb of an act to classify the liabilities of the republic of ^ ' For your committee cannot consent that tlie parties who have ad- vanced cash and important service to Texas shall be placed on equal footing ■with those who hold the liabilities of the republic of Texas, for which they have paid not more than twenty cents on the dollar, and for which Texai received perhaps a less amount, as it is notoriously and universally admitted AUDITORS REPORT, 403 Texas and of another entitled an act for the dis- charge of the public debt of the republic of Texas, in which the scaling principle was to operate. The stand taken by the first legislature that a dis- tinction should be made between the original and final holders of Texan bonds was maintained by the second legislature, which assembled at Austin in December 1847. On March 20, 1848, an act to provide for ascertaining the debt of the late republic of Texas was approved." This a,ct required the auditor and comptroller of the state to reduce all claims to the actual par value which was realized by the republic. Accordingly on December 27, 1849, the auditor and comptroller sent in their report with the scale of re- ductions as estimated by them, and a more thorough one November 12, 1851.'* According to their show- ing the claims filed of all descriptions, including in- terest up to the latter date amounted to $9,647,253, which amount was scaled down to $4,807,764. The claims not filed, including interest, amounted to $2,789,738, and were scaled down to $2,019,514. Thus the total debt with interest, including filed and unfiled claims, was $12,436,991, which amount was scaled down to $6,827,278." In January, 1852, the that a great portion of the liabilities now in circulation were issued and paid out at about sixteen cents on the dollar.'* Extract from committee's report in Gouge, vt sup., 153. ^*A supplementaiy act was passed Feb. 8, 1850, extending to the first Monday in September, 1851, the time within which creditors were required to present their claims against the late republic. Tex. Oen. Laws, iii. pt i., 144. ^ John M. Swisher was auditor and James B. Shaw comptroller. The latter was appointed comptroller, under the republic, in 1840, and continued to hold that office till Nov. 1, 1858. Shaw was a native of Ireland, emi- grated to Texas in 1837, and served as a private in the army. His knowl- edge of the financial affairs of the republic was of great service in the ad- justment of the public debt. Cordova's Tex., 102; Tex. Col. Doc, no. i, 3, pp. 48, 62. 2°The claims were divided into three classes: Ist class consisted of audited or ascertained claims, $8,587,132; 2d class, of claims sufficiently authenticated to admit them to audit under the laws of the late republic, $962,445; 3d class, claims not sufficiently authenticated to authorize their being audited, $97,675. The following table will be found useful as showing the different issues of bonds by the republican government, and the scale on which their face values were reduced: 404 TEXAS AS A STATE. legislature passed a law by which the state recognized and adopted the rate of payment and classification assigned to each class of debt by the auditor and comptroller in their last report. The bill was sent to Governor Bell on the 23d of the same month, and on the 29th he returned it on the ground that he considered that there existed cases of individual hard- ship to which an application of the general basis would not render justice. Nevertheless, in spite of the governor's veto the bill was passed in the senate by a vote of 29 to 5, and in the house by a vote of 47 to 12. Thus the state finally decided the amount of her indebtedness by repudiating to the extent of one half the liabilities which she had engaged to meet according to the face of her bonds. At the September election in 1853, Elisha M. Pease" was chosen governor, and David C. Dickson Ten per cent, bonds under act of June 7, 1837 Ten per cent, bonds under act of .Tune 7, 1837) for relief of Swartout ) Ten per cent, funded debt, under act of Feb. ( 5, 1840 1 Eight per cent, funded debt, under act of Feb. ) 5, 1840 ) Eight per cent, treasury bonds, under act of ) Feb. 5, 1840 S Ten per cent, treasury notes^ under act June) 9, 1837 ) Ten per cent, treasury notes, second issue ... . Treasury notes, without interest, under act) of Jan. 19, 1839 f Ten per cent, bonds, for loan of TJ. S. Bank. , Ten per cent, bonds, for purchase of Steamer) Zavala j Ten per cent, bonds, for purcliase of naval i contract with F. Dawson f OSTENSIBLE VALUE 632,526 7,970 754,000 24,280 766,800 41,630 331,371 1,828,192 457,380 195,907 280,000 70cts. 1.00 .30 .30 .20 1.00 .50 .25 .8745 .50 .50 PAE VALUE 442,768 7,970 226,200 7,284 153,360 41,630 165,685 457,048 400,000 97,953 140,000 The above figures represent values without interest. A copy of the report will be found in Oouge, 304-11. '" A native of Connecticut, born in 1812, and a lawyer by profession. In 1835 lie went to Texas, and wer- appointed secretary of the executive council at San Felipe. During 1836-7 he held several positions under the govern- ment. Resigning the comptroUership of public accounts in the latter year, he began to practise his profession in Braaoria county. He was a member of the house of representatives of the 1 st and 2d legislatures, and was trans- ferred to the senate of the tliird legislature. At the end of his second admin- GOVERNOR PEASE. 405 lieutenant-governor.'' Pease was reelected in 1855, thus holding office for four consecutive years. In his first message to congress, he recommended that meas- ures should be adopted to provide adequately and permanently for the support of public schools, "" and for the establishment of a state university. He also advised the establishment of asylums for lunatics, or- phans, and for the education of deaf-mutes and the blind. The period of Pease's administration was one of great prosperity. After the annexation, emigrants from the United States flocked into the country, and the war with Mexico having decided forever the posi- tion of Texas, and secured the prospect of uninter- rupted peace, every branch of industry thrived ; wealth and population rapidly increased, and progress in com- merce and internal development was marked in an unprecedented degree The only interference to this steady advance was occasioned by Indian depredations on the frontiers. Though the main body of each border tribe professed friendship, the outlying settlements sustained consid- erable damage, especially on the western frontier. These depredations were committed for the most part by the Comanches, who, while showing no disposition to attack the Texan settlements directly, made fre- quent inroads into Mexico, and on their journeys to and from that country could not desist from foraging in Texan territory, and pillaging settlements. On istration, he took up his residence at Austin, and in 1867 was appointed governor by Gren. Sheridan on the removal of Gov. Throckmorton. In 1874, he was appointed collector of customs for Galveston, which oifice he did not accept. In 1879 he was reappointed to the same position, and took charge of the custom-house Feb. 1st of that year. Thrall, 598; Cordova's Tex., 101-2. ^The total number of votes cast was 36,152, of which Pease received 13,091, W. B. Ochiltree 9,178, George T. Wood 5,983, Lemuel D. Evans 4,677, T. J. Chambers, 2,449, J. W. Daney 315, and 459 were scattered. Gov. Bell having been elected to the U. S. congress, the executive chair was filled by J. P. Henderson for a short time at the close of his term. Thrall, 368. 29By the constitution, ratified by the people Oct. 13, 1845, one tenth of the annual revenue by taxation was to be appropriated for the maintenance of public schools. 406 TEXAS AS A STATE. several occasions, white men were killed and captives taken. The military being unable to afford protection all the roads leading from Bejar to the Rio Grande were unsafe. On the northern frontier, the Texan Indians were all friendly, but that portion of the state was exposed to hostUe incursions made by Indians from the Choctaw and Chickasaw United States' re- serve, north of Red River. The Kickapoos were es- pecially troublesome, and from time to time crossed into Texas and committed depredations. In the spring of 1854 a band of this tribe killed the special agent, Steia, and a Mr Lepperman of Ohio, near Fort Belknap. The special Indian agent at San Antonio de Bejar invoked the action of the commissioner for Indian affairs at Washington, touching this condition of affairs.^" Owing to the advance of the white race, and the diminution of the buffalo and other game from which the native tribes mainly derived their subsistence, the Texan Indians were in danger of being reduced to a state of destitution. This condition applied to all Indians of the plains, and was regarded as the main cause of the outrages committed by roving bands within the borders of Texas. As a remedy for this evil, a system of colonization was applied, means being furnished by the United States government to aid and instruct Indian settlers in the cultivation of land. In pursuance of this policy in the spring of 1855 two Indian colonies were es- tablished in Texas, on reservations granted by the state in Young county," one of which, consisting of eight leagues of land, was located on the Brazos river, below the junction of Clear Fork and Main Brazos, about fifteen miles from Fort Belknap. This ^"Robert S. Neighbors, the agent, considered that the Kickapoos were not under the charge of the Choctaw agent, but existed as renegades, and were under no control. Ind. Aff. Bepi, 1854, 158-66; Id., 1855, 10-11, 185-6. '* Twelve leagues of land, or 55,728 acres, were set apart for this purpose by act of the legislature, to be reserved to the U. S. for the benefit of the Texan Indians exclusively, Tex. Aim., 1859, 130; Id., 1858, 92, INDIAN AFFAIRS. 407 reservation was called the Brazos agency. The other settlement was located on Clear Fork, about forty- five miles above its confluence with the main river. It comprised four leagues of land. The first colony was composed of Anadahkos, Caddoes, Tahwaccorroes, Wacoes, and Tonkahwas, numbering in all 794 souls. On the reservation on Clear Fork, 277 northern Comanches were settled. The reports of the agents at these reservations held out every prospect of success. The Indians of the Brazos settlement, in good behavior, morality, and industry, surpassed the most sanguine expectations. They voluntarily ab- stained from the use of ardent spirits, and drunken- ness was unknown among them. By the end of August public buildings had been erected — store- rooms, houses for agents and employes, and a black- smith's shop. Two farmers with assistant laborers were employed to instruct the Indians, and 295 acres of land had been ploughed and planted with corn. On tht reservation on Clear Fork farming operations had not been commenced, owing to the season being too far advanced when the Comanches were located thereon, but from the disposition evinced by them, the agents looked confidently forward to the success of the settlement.''' Nor were these expectations without realization. Within three years' these settlements attained a high degree of prosperity, especially that of the Brazos agency. ' The Indians tilled their land, tended and garnered their crops, and possessed stocks of cattle, horses, and hogs. They erected comfortable dwell- ings, had school-houses," and were steadily pro- 32 Reports of agents, R. S. Neighbors and G. W. Hill in Id., 1855, 177-85. 3' The Comanches did not make the same progress as the Indians on the Brazos reserve, owing to their not having had tlie same experience in the manners of the white race. They were not more indolent than the other tribes, — but whereas the latter had long lived near the white settlers, the Comanches had hitherto been outside of all friendly intercourse. Tex. Ahn., 1859, 130. 3' According to the reports of the teachers, Aug. 18, 1858, the school in the Comanche settlement was attended by 37 students, 25 male and 12 female, Oa Sept. 7, 1858, the teacher of the school at the Brazos agency, re- 408 TEXAS AS A STATE. greasing in civilization, peaceably pursuing their agri- cultural occupations. Moreover, they afforded no little protection to the frontier, from fifty to one hundred warriors being employed in ranging service. In the spring of 1858 this band went out with the Texan rangers, on an expedition against the Coman- ches, and fought gallantry, thereby winning the praises of their Anglo-American neighbors. Had they been allowed, and a proper forbearance been ex- tended to them, they would have developed into thriving and self-supporting communities.'* But they were doomed to be driven from the homes they had made for themselves, deprived of the lands they had put under cultivation, and removed, in almost a desti- tute condition, beyond the borders of Texas. The aggressive nature of Anglo-American settlers would not let them rest in peaceful possession of their small domains ; and a persistent hostility to these Indians and their agents soon exhibited itself In 1858 the number of these natives thus reclaimed from barbaric life was 1,483. Among this number it cannot be denied that there were many, particularly in the Comanche reservation, who were addicted to horse-stealing, and who associating with wild bands of their tribe, or with the Elickapoos beyond Red river, took part in predatory incursions, and after- ward, by circuitous routes, reentered the reservations. There was, moreover, a set of villainous white men, scattered from the Rio Grande to Kansas, who made robbery their pastime, and horse-stealing their busi- ness. These wretches leagued themselves with the worthless Indians, instigating them to commit depre- dations from which they reaped a profit. Positive ported the number of his scholars at 60, 47 of whom were boys and 13 girls. U. S. Iml. Aff. Sept., 1858, 178-9, 183. *°The U. S. gov't expended on account of these Indian settlements s For the fiscal year ending June 30, 1856, *!101,430; 1S57, §89,658.50; 1858, $91,707.50; 1859, 161,655.25; total, i?844,4ol.25. The estimate for the year ending June 30, 1860, was 862,186.50; Id., 18 "1.5-1 858 inclu., where full information on the progress of these colonies will be found. MASSACRE OF NATIVES. 409 proof was adduced that Indians from the reserves during this year killed cattle and hogs belonging to citizens, and the strongest circumstantial evidence seemed to show that the practice of horse-stealing had been extensively carried on by these vicious members/^ But the large majority of the community were faithful to the white inhabitants. Nevertheless, the crimes of the few were visited on all. In the counties adjoining the reserves the mireasonable opinion was expressed by a portion of the settlers that all depredations were committed by the Indian colonists. In fact it was determined to get rid of them by some means, and an organized conspiracy against the Indian policy of the general government seems to have been formed for the purpose of break- ing up the Texan reservations. The Indians had been in the habit of making hunt- ing excursions outside their reservations under permits issued by the agents. But designing men so preju- diced the public mind against the reserve Indians, by attributing to them the depredations of the unsettled Comanches and other native tribes, that under threats of extermination they had been compelled to confine themselves during 1858 strictly to the reservations. In the autumn of that year, however, several hunting parties ventured beyond the limits. And now was planned and perpetrated as cold-blooded and brutal a massacre as ever disgraced a civilized people. In a bend of the Brazos, just above the mouth of Keochi creek, a party of Indians, men, women, and children, encamped. Here they remained for several weeks, engaged in hunting, conducting themselves peaceably, and offering no molestation to the white settlers, who visited their camp on several occasions. On Decem- ber 21st, between forty and fifty men, mostly of Erath county, assembled in conclave on Bosque river to con- sult upon a general extermination policy. A com- ^^Report of Peace Commissioners to the governor, June 27, 1859. Id., 1859, 297-303. 410 TEXAS AS A STATE. mittee was appointed, whicli proceeded to organize a company, the command of wliich was given to Peter Garland." Then the order was issued to kill any Indians found south of Cedar creek. The company proceeded to the Indian camp on the Brazos, which contained eight men, eight women, and eleven chil- dren. Having stealthily approached, at early mom of December 27th, while their victims were sound asleep, they poured into them a volley of buckshot and rifle-balls. Seven were killed outright, of whom three were women ; three men, two women, and three children were severely wounded, and nearly all the rest more or less injured. One warrior, after being struck by a bullet, seized his gun, and rushing outside of his tent, shot Samuel Stephens dead, to fall himself almost at the same moment, struck through the brain. Tlie wounded succeeded in escaping to the reservation. On their return, as the murderers passed through Golconda, in Palo Pinto county, they told the citizens of that town that "they had opened the ball, and the people there should dance to the music." This atrocity naturally caused great excitement. The exasperated Indians threatened vengeance on the perpetrators ; a proclamation issued by the governor, denouncing tlie act, and warning all persons against joining organizations for hostilities against the friendly Indians, was without effect. The press published biased accounts and inflammatory articles on the subject, and meetings of citizens were held at various frontier towns, resolutions being passed that the Ind- ians must be removed. °* In the surrounding counties ^'The names of the others, doomed to immortal infamy, ■were Daniel Thornton, J. Hightower, E. Fireash, T. Wilie, W. E. Motheral, W. W. 5Ic- Neal, Robert Duval, J. P. Harris, W. Fitzgerald, A. L. Braw, R. Dupuy, W. J. F. Lowder, W. Wood, J. Barnes, H. Highsaw, J. R. Waller, George Harden, Samuel Stephens, and one Dalton. ^^ An idea of the spirit that prevailed at these meetings may be formed from a resolution passed by the citizens of Weatherford, June 24, 1859. After stating that they ' believed ' that certain outrages had been perpetrated by the reserve Indians, they pledged themselves to act in concert with sister counties in any action necessary for the removal of them, ' whether the same be over Jordan or Red River. ' CRUELTY TO INDIAi^S 411 bands of armed citizens were organized, and scouted round the reservations. Tame Indians found outside the limits would not, it was declared, be known from wild ones, but would be killed. The removal was peremptorily demanded, under threats of extermina- tion. In vain the agents endeavored to avert the blow; their action caused offence to the citizens of the frontier, who, on April 25, 1859, boldly demanded their immediate resignation. All they could do was to postpone the exodus for a time, aided by the pres- ence of a detachment of the United States troops. On May 23d, Captain Baylor, the ex-agent, at the head of 250 armed men, marched upon the Brazos reservation with the avowed intention of attacking the Indians. Captain Plummer, 1st infantry, warned him to leave the reservation, and he departed the same day. A skirmish occurred with the Indians, and several on both sides were killed and wounded.'' That the Indians could not remain in Texas was no longer a matter of doubt; and on the representations of the agents, and the pressing instance of the state authorities, the department at Washington, in order to avoid bloodshed, issued an order to break up the reservations as soon as the standing crops could be harvested. But this did not satisfy the frontier men ; they peremptorily demanded the immediate removal of the Indians, and at the urgent request of the super- vising agent, R. S. Neighbors, permission was given him to conduct them at once beyond Red river. The evU passions of the white people, however, were thor- oughly aroused. One hundred men of the state troops had been sent by the governor to the Brazop reservation to preserve order, but these even displayed an attitude hostile to the Indians, while the bands of armed citizens threatened to attack them on their march. It became necessary to call in the aid of the United States army, and on July 30th and August 1st, the unhappy exiles from both reservations, under ^^ U. S. Sen. Mc. Doc, cong. 36, sess. 1, ii. 372-3. 412 TEXAS AS A STATE strong escorts of infantry and cavalry, and accompan- ied by the agents, left their homes for the new loca- tion which had been assigned to them on Washita river. On August 8th, they crossed Red river, and on the 16th arrived at their destination. The number of Indians thus removed by the pressure of a popular outbreak, fomented to a great extent by the unreason- able clamor raised by unprincipled men, was 1,415, of whom 380 were Comanches." Owing to the unre- mitted persecution on the part of their white foes, the exiles were compelled to leave their cattle behind, it being impossible even to collect them. As a climax to this practical illustration of Lamar's principle of expulsion or extermination, Superintendent Neighbors, having returned to Texas in September, was waylaid on the 14th near Fort Belknap by a man unknown to him, and shot. He died in twenty minutes after being fired upon, and it was believed that the crime was perpetrated on account of the free opinion ex- pressed by Neighbors relative to the killing of a reserve Indian some time previously." During the administration of Governor Pease a final adjustment of financial questions between the state and the federal government was arrived at, and a settlement made with the creditors of the old re- public. The bond-holders had not been satisfied with the terms offered them under the state law of Janu- ary, 1852, and little or nothing was done toward the liquidation of their claims before 1855. Matters be- came still more complicated by an additional claim raised by Texas against the federal government. By *' According to the census rolls, there were, in the May preceding, 1,492 souls on the two reservations, viz.: 25S Tonkahuas, 204 Tahwacearos, 171 Wacos, 244 Oaddoes, 235 Anahdalikoes, and 380 Comanches. U. S. Iml. Affairs Eept, 1850, 267. ■"The official correspondence and full particulars relative to the removal of the Texan Indians will be found in /(/., 1859, 5-6, 22()-:i34. and U. S. Mixn. and Dor., cong. 36, sess. 1, pt i. 5SS-702. In June 1860, a law was passed appropriating .$45,650 for the expenses of reooloni/.ing these Indians dm-ing the fiscal year ending June 30, 1861. Cong. Globe, 1859-60, app. 486. FINANCES. 413 the terms of an old treaty the United States were under the obligation to prevent Indians making pre- datory incursions into Mexican territory." On the strength of this treaty it was claimed that the United States was responsible for the expenses incurred dur- ing the days of the republic in protecting the frontier against inroads by savages from United States' terri- tory. It was argued that Texas at the time this treaty was made was a part of Mexico, and that although she separated from that country soon after- ward by revolution, that fact did not obliterate the obligations of the treaty. In July 1854 Thomas J. Rusk, senator from Texas, brought this view of the case before the senate, maintaining that as more than one half of debt of Texas had been expended in pro- tection against Indians, the United States ought to provide a sum sufficient to pay off the debt in full. After quoting extracts from diplomatic correspondence in support of the views taken by Texas, he intro- duced a statement made out by James B. Shaw, comptroller, showing that the late republic had ex- pended from December 5, 1836, to February 1, 1845, the sum of $3,815,011 exclusive of interest, in pro- tecting the frontier from incursions of Indians be- longing to the United States. Meantime the creditors of Texas had appealed to the United States for payment of their claims, alleg- ing that the general and not the state government was liable. Under these circumstances the United States' "government intervened. The scale of reduc- tion adopted by the state law was cast aside, and a bill passed by congress was approved February 28, 1855, by which it was provided that $2,750,000 should be added to the $5,000,000 lying in the treas- ury pertaining to Texas, and that the whole sum of $7,750,000 should be apportioned pro rata among the creditors; any portion of the debt that had been *2 Thirty-third article of the treaty with Mexico of April 5, 1831. Cong. Globe, xxviii., pt iii., p. 1808-9. 414 TEXAS AS A STATE. already paid by the state of Texas should be refunded to her; no payment would be made until the claimant filed a receipt in full releasing forever the United States from all claim against them. The act was not to take effect until it had been assented to by the legislature of the state of Texas, and until the same legislature passed an act abandoning all claims and demands against the United States, growing out of Indian depredations or otherwise." By this pro rata system of payment each creditor would realize seventy-eight cents on the dollar." Three classes of bonds, as scaled by the state's law, would have yielded more than this,** and the holders were consequently dissatisfied." By the people of Texas the bill was received with great disfavor, and when called upon by proclamation of the governor to vote upon it, out of 45,000 voters 19,573 refused to cast their votes; 13,818 voted against accepting the bill, and 11,609 voted for it." It was, however, finally passed by the state legislature, and the credi- tors, who were secured by a pledge of the import duties of the extinct republic, on filing their receipts in the treasury department of the United States re- ceived their pro rata payments. The sum of $299,602 was refunded to the state in consideration of Texas' having already paid that portion of the debt. ^ Copy of the act will be found in HuTit's Merch. Mag., xxm. 485. «Tct. Journal Sen., 1857, 140. ^ Namely, 10 per cent bonds, June 7, 1837 (Swartout), allowed at face par, 10 per cent bonds for loan from U. S. Bank, scaled at ^.8745; and 10 per cent treasury notes, June 7, 1837, allowed at face par. In Td., xxxiii. 89, a tabular form is supplied exhibiting tlie rate of adjustment established by Texas and the rate proposed in the above act of the United States con- fress. It should be remarked that the state legislature passed an Eict 'ebruary 11, 1850, declaring that all liabilities of the late republic should ' cease to draw interest from and after the first day of July, 1850. Oouge, vt sup., 168. Interest, therefore, was only calculated to that date. •i^Goveriior Pease in his message to congress, Nov. 2, 1857, recommended that the state should, out of the sum refunded to Texas by the U. S., pay these creditors the difference between the amounts which they received under the above act of congress, and those at which their claims were rated and classified by the state law, in all §123,217. The committee appointed to consider the question reported unfavorably to the proposition. Hunt's Merch. Mag., xxxviii. 468; Tex. Journal Sen., 1857, 17-18, 139-42. '« TItrall, 371. REVENUE. 415 The reader, doubtless, will wish to learn how the $5,000,000 in United States' bonds paid into the state treasury were employed. In order to dismiss this subject, once for all, it will be better to give a succint account of the financial condition of the goremment up to the time of the final exhaustion of those funds m 1861. From 1852 to 1858 nine tenths of the taxes col- lected were remitted to the several counties to enable them to build court-houses and jails; the remaining tenth being set apart by the constitution for the sup- port of schools was paid into the treasury. The rapid progress that was being made in Texas during this period will be perceived by a comparison of the amount of taxes collected in the two consecutive years 1856 and 1857. In the first named year the valuation of the property assessed was $161,304,025, which produced $242,964 in taxes; the poll tax yielded $22,413; and those on occupations and sales of merchandise $28,993, making a total of $294,370. The net proceeds received, after deducting the ten per centum for the school fund and the expenses of assessing and collecting, amounted to $229,289. The corresponding figures for 1857 were: assessments of property, $183,594,205; taxes on the same $276,663; poll tax $24,463; other taxes $26,940. The net yield after making the same deductions was $255,044, showing an excess of more than $25,000 net, over the proceeds of the previous year. Had the incomes not been relinquished to the counties, they would have about covered the ordinary expenses of the government." As it was the expenses had to be paid, during the period from 1852 to 1858 inclusive, out of the $5,000,000 United States bonds. As the bonds bore an interest of five per centum, the state received up to January 1861, interest to « Comptroller's report for 1856 and 1857 in Cordmn's Tex., .S36-7. Com- pare governor's message in Tex. Journal Sen., 1857, 14-16; Thrall, 375, where will be found an extract from Pease's message of Nov. 1855. 416 TEXAS AS A STATE. the amount of $1,625,441, making the total receipts of principal and interest, $6,625,441, which sum is thus accounted for. By act of February 16, 1852, $36,000 were transferred to the school fund to reim- burse it for state bonds destroyed. By act of Jan- uary 31, 1854, $2,000,000 were donated to the same fund,*' and at subsequent dates interest and premium on the bonds were paid to the amount of $653,619. Again by act of February 11, 1856, $100,000 were transferred to the university fund, and interest paid on the same up to January 1861, amounting to $9,- 472. Besides these sums, $1,425,296 were disbursed in payment of certain debts of the late republic — for it must be borne in mind that the state had other liabilities than those assumed by the United States, which only became responsible for claims that were secured by a pledge of the impost and tonnage duties of the late republic. The remaining $2,401,054, to- gether with the premium derived from the sale of the bonds, were used for the general expenses of the gov- ernment from 1852 to 1861 inclusive, appropriations being made for the establishment of an insane asylum, and institutions for the education of the blind, and the deaf and dumb. In 1858 and 1859 the receipts from taxation were not sufficient to meet the expenses of the s^tate government, and United States bonds were expended to the amount of $443,000. The remainder of the bonds were used in 1860 and 1861, besides $100,000, transferred from the university fund/' The general feeling toward the Mexican population was one of intense animosity in those counties where they were more thickly congregated. The inhabi- tants of that race were mostly of the lower orders, and were charged with associating with the slaves, *'By a law of 1856 the ten per centum of taxes set apart for school pur- poses was blended with the $2,000,000, and one general school fund formed. *' Comptroller Clement R. Johns' report of Sept. 1, 1859, No. 3 in Tex. Col. Doc, No. 1; Governor's Message oi June 10, 1879, app., 18-19. Treas- urer's report of Aug. .31, 1860, in Tex. Aim., 1861, 24S-9; Tex. Sept Camp- irolkr, Aug. 31, 1876, 6-7. ANIMOSITY TOWARD MEXICANS. 417 and frequently stealing horses and carrying off negro girls to Mexico. In the autumn of 1856 a dangerous negro conspiracy was discovered in Colorado county, which, contemplated a simultaneous insurrection, and the massacre of the white population, with the ex- ception of their young women, who were to be made captives. The slaves had formed an organized plan, adopted secret signs and passwords, and provided themselves with bowie-knives and some fire-arms. Their intention was, after having accomplished the first part of their plot, and obtained possession of the horses and arms of their intended victims, to fight their way into Mexico, or the "free state," as they called that country. On the detection of the con- spiracy more than 200 negroes were severely pun- ished with the lash — ^two being whipped to death — and three prominent ring-leaders hanged on September 5th. It was maintained that every Mexican in the county was implicated in this intended uprising, and they were ordered to leave and never return, under penalty of death. In Matagorda county, also, a popular meeting was held, and every Mexican ordered to leave." In 1857 much trouble was caused by the perpetra- tion of numerous acts of violence by Texan wagoners on Mexican cartmen. In the transportation of goods from ' the sea-ports to San Antonio, the freight rates charged by the latter were so low as practically to- drive the Texan teamsters from the field of compe- tition. As the Mexicans were thoroughly trust- worthy, and generally made better time than their rivals, the merchants naturally employed them in preference to paying higher rates to carriers of their own race. This gave umbrage to the Texan drivers, who proceeded to form secret organizations for the purpose of ousting their competitors from the road. A system of the most outrageous persecution followed. *i Extracts from the Oalveston News, and Tme Issue, in OlmMed's Jov/i-ney,. 502-4. Hist. Mex. States, Vol. II. 27. 418 TEXAS AS A STATE. Bands of masked men way-laid the Mexican wagon- trains, destroyed the wheels, drove off the oxen, mur- dered cartmen, and often pUlaged the freight, carry- ing off valuable cargoes. This practice was carried on to such an extent that General Twiggs, the United States' commander at San Antonio, was compelled to protect with a military escort trains transporting government supplies. About the end of July, a train was attacked by night and three Mexicans wounded ; in September following the cartmen of another train were fired upon by masked men, one man being kiUed and three wounded; and again on November 21st two more were killed. In October the Mexican minister at Washington addressed the United States government on the matter, stating that he had been assured that the number of men thus murdered was no less than seventy-five, and that the persecution diTected against Mexicans had compelled many to abandon their homes in San Antonio and elsewhere, and seek refuge on Mexican territory in a state of destitution. On November 11th and 30th, Governor Pease addressed special messages to the legislature on the subject, in which after making particular mention of the three cases above mentioned, and denouncing such acts of violence, he remarked that it was evident that there was no security for the lives of citizens of Mexican origin engaged in the business of transportation, unless : they were escorted by a military force. As the counties in which these deeds were perpetrated, took no trouble to put a stop to them, he invited the legislature to consider whether their citizens should not be compelled to pay a heavy penalty, which would arouse them to the necessity of preserving the public peace. The senate referred the matter to the committee on state affairs, which on December 1st reported the necessity of a bill to establish a penalty, and provide for the punishment of those who unlawfully combined THE CART WAR. 419 to prevent people from engaging in lawful employ- ments, and that such a bill was being prepared by the committee. It does not appear, however, that any further action was taken. Meantime the governor had called into service a volunteer company, which proceeding was approved by the legislature. This force proved inadequate to suppress the lawlessness, and other means were brought to bear upon the male- factors. When the road was abandoned by the Mexican cartmen, and booty became scarce, they began to commit depredations on the property of citi- zens. However indifferent the people had been to outrages perpetrated on Mexicans, they now energeti- cally took the matter in hand. Lynch law was vig- orously applied, and in the neighborhood of Goliad the passing traveller would see many a corpse sus- pended from the boughs of the black oaks. The dia- bolical organization was thus speedily broken up, and this system of murder and robbery — ^which was dignified by the name of the Cart War — was brought to an end." Political parties, strictly so called, were first organ- ized in Texas during Pease's administration. The party factions opposed to each other in the days of tlie republic were of a personal rather than of a politi- cal nature. Being in reality the offspring of the ri- valry between prominent men, they did not originate from differences in political opinions, but merely sup- ported their respective leaders in their candidateship for office, without being materially influenced by prin- ciples of policy. When, however, Texas was annexed to the union, under the auspices of the democratic party, she soon became involved in the political antag- onism which prevailed in the United States. Her constitution was framed on the principles of democracy, and during the first years of her existence as a state, ^Id., 1857, 82, 96, 145-6, 154-5, 158-60, 171-2, 186; Mex. InforrmOmms. Pesq., 1873, 73-4; Unn's Rermnis., 352-4; Thrall, 372. 420 TEXAS AS A STATE. candidates for office were elected on personal consid- erations. When the disruption of the great national whig party occurred in 1854, the abolitionists of the north gained thereby large reinforcements, which were supplemented by defections from the democratic ranks of members who thought they had cause to be dis- pleased with President Pierce's administration. At this time what was called the "native party" whose principles were opposed to naturalized foreigners hold- ing office, was in a moribund condition; but it was now resuscitated, and undergoing a kind of metempsy- chosis, developed into the know-nothing party. By this later organization, the creed of the old native party was enlarged, and made to include proscription of Roman catholic citizens, whUe the opposition to naturalized aliens was intensified. The know-noth- ings cast over their proceedings a cloak of mystery. They constituted, in fact, a secret political society; applied tests of a religious character, and endeavored to pit the different races against each other. All these principles were contrary to the constitution of the United States. In Texas, the know-nothings for a short time acquired considerable influence. Nu- merous lodges were organized, and in 1855 L. D. Evans was returned by the party to congress from the eastern district. On the reelection of Pease the same year, he was opposed by their candidate, Dick- son, who obtained no less than 17,968 votes, being between 4,000 and 5,000 more than had ever before been cast for governor. . However, on their failure to elect their candidate, the career of the know-nothings in Texas was brought to a close. The unconstitution- ality of their doctrines, and the violence to civil and religious liberty entailed in their intolerant principles were denounced by their more enlightened opponents r" ^' Prominent among their opponents was Anson Jones, who states that he 'wrote upwards of fifty articles for the Ranger, and other Texan newspapers, in opposition to know-nothingism, and the various isms associated with it, omitting no opportiinity to strike at the hydra which offered.' Letters, etc., 520-42. Consult also, Thrall, 376-7; Linn's Semims., 354-5. RUSK AND HAMILTON. 421 •the democratic party called upon the people in the name of liberty and the constitution to discountenance the secret organization, and their influence rapidly waned. In 1857, Texas was called upon to mourn the loss of two men conspicuous for their services during the revolutionary struggle — Thomas J. Rusk and James Hamilton of South Carolina. Thomas Jefferson Rusk, whose earlier biography has been already given," migrated to Texas in 1834, and having distinguished himself in the war of inde- pendence, subsequently held the command of various expeditions against hostile Indians. In 1839, he was appointed chief justice of the republic, but soon re- signed that position, retired to Nacogdoches, and resumed his practice as a lawyer. In 1845, he was chosen president of the annexation convention, and on the incorporation of Texas into the union was elected at the first session of the state legislature to the United States senate. This position he held till the time of his death in 1857. In 1856, Rusk lost his wife, while he was in Washington engaged in his sen- atorial duties. This bereavement deeply affected him, and on his return to his home he was prostrated by a serious illness, his recovery from which was slow. Enervated in mind and body, and afflicted by a tumor on his neck which probably affected the brain, he took his own life at Nacogdoches, July 30, 1857. Rusk was a man of rare qualities, and took a prom- inent part in the United States senate. He was a statesman of a high order, energetic, and possessed of a mind of great clearness and strength. Of remark- ably sound judgment, supported by wide experience, he had an accurate and extensive knowledge of ■ man- kind. And his wisdom and talents were equalled by his virtues — courage, honesty, and truth being his marked characteristics. Insensible to adulation, he never stooped to flattery. In his intercourse with ■■* See note 39, chap. viii. , this vol. 422 TEXAS AS A STATE. men, he did not affect dignified importance, but was ■ accessible to all; and it was a habit of his to converse with men in the humblest stations in life as freely as with those in the highest, while, his sympathy for the unfortunate or oppressed, and his love of justice and candor won for him the respect and affections of every class. Uninfluenced by selfish motives and by personal ambition, he labored in the senate for the ag- grandizement of the nation at large, and the promotion of its general welfare. In just recognition of his loss, and as a mark of respect, the United States congress wore the usual badge of mourning for thirty days." General James Hamilton was a native of South Carolina, of which state he was governor. In the struggle of Texas for independence he boldly advo- cated her cause, and gave both his services and means in her support. As member of the senate of South Carolina he powerfully upheld the purity of the revo- lutionists' motives, and devoted himself to the inter- ests of the new republic. He secured the treaty with Great Britain, and negotiated one with the kingdom of the Netherlands. In recognition of his services he was vested with the rights of Texan citizenship by a special act of congress. While engaged, how- ever, in his service as diplomatic agent of Texas in Europe he became involved in embarrassments which eventually ruined him. In 1857 Hamilton sailed from New Orleans for Galveston in the steamship Opelonsas, in the hope of obtaining indemnification for his losses and of retrieving his fortune in the country for which he had done so much. The vessel was wrecked on her passage by a collision with the steamer Galveston, and Hamilton was one of the vic- tims of the disaster. The state congress went into mourning out of respect to his memory." 65COJW7. Globe, 1857-8, pti., 331-8; Tex. Aim., 1858, 105-9; Cordma'sTa:, 165-7; Thrall, 607-11; Gov Pease's message of Nov. 2, 1857, in Tex. Jom-- ml Sen., 1857, 38. <^Id., 121-2; Tlirall, 549; Tex. Aim.., 1861, 82-3. GOVERNOR RtnSTNBLS. 423 On December 21, 1857, Hardin R. Runnels'" — the successful democratic candidate — was inaugurated governor, having defeated his competitor, Sam Houston, by a poU of 32,552 votes against 23,628 cast in favor of the latter. When Runnels entered office, symptoms had already made their appearance that the time was rapidly ap- proaching of the great national disruption, which a few years later tore asunder the United States, and deluged the coimtry in blood. On the admission of Missouri into the union as a slave state, Henry Clay introduced' into the United States senate, in 1820, a compromise measure which provided that the institu- tion of slavery should be thereafter excluded from all territory lying north of latitude 36° 30', that line be- ing the southern boundary of Missouri. The adop- tion of this bill, known as the Missouri compromise, gave rise in time to bitter controversies between the free and slave states, the latter regarding it as an en- croachment on the part of the federal government on the constitutional right of future sovereign states to arrange their own domestic affairs. In 1850 the same statesman submitted to the sen- ate other compromise resolutions designed for the pur- pose of arranging amicably the controversies between the free and slave states on the subject of slavery. These resolutions declared that congress in establish- ing territorial governments should impose no restric- tions on the people of such territories with respect to slavery. A very memorable discussion followed, which resulted in the passage of bills admitting Cali- fornia into the union as a free state, and in the orga- nization of the territories of Utah and New Mexico without restriction as to slavery. The fugitive slave law was enacted at the same time. Again in 1854, on the establishment of Kansas and Nebraska as ter- '' Runnels migrated to Texas in 1841 from Mississippi, and engaged in cotton planting on Red river. He represented Bowie county in the legisla- ture for eight years. During 1853-5 he was speaker in the house. He died at his home in Bowie county in 1873. Thrall, 607. 424 TEXAS AS A STATE. ritories, Senator Douglas, from Illinois, introduced into the bill brought before congress on that occasion, an amendment which virtually repealed the Missouri compromise. The principles of non-intervention by congress with the institution of slavery in the states and territories had clearly been recognized by the legis- lation of 1850. Supported by the compromise acts of that year Senator Douglas maintained that con- gress had no right to legislate in the matter of slav- ery, and that the people of any state or territory should be allowed to decide for themselves questions of their domestic institutions.*^ Both Kansas and Nebraska would have been free territories under the Missouri compromise, but the bill was passed with the amendment. May 25, 1854. Nevertheless it met with great opposition. Reso- lutions were passed by the legislatures of various states denouncing it; memorials from abolitionist societies were addressed to congress ; and clergymen petitioned for its repeal. Moreover, it was soon ap- parent that the introduction of slavery into Kansas from the south would meet with violent opposition on the part of the people of that territory. Intense sectional agitation prevailed; and it was regarded as a foregone conclusion that Kansas would be admitted into the union only as a free state, miless some action ■were taken by the combined south. Governor Rmmels addressed a message, January 20, 1858, to the legislature calling attention to the aspect of affairs in Kansas, and clearlj- advocating the doctrine of secession. On the 8th of the same month a democratic state convention had been held at Austin, at which it was resolved that there were grounds for the serious apprehension that the doctrine of non-intervention was in danger of being repudiated by the United States congress ; and a re- quest was made to the state legislature to provide for the appointment of delegates to a convention of ^Coim. Ohbe, xxviii. pti., 175, 221-':, 239-40, 275, PRECAUTIONARY MEASURES. 425 the southern states on the occasion of one being as- sembled. But bolder resolutions than these were offered. T. J. Chambers proposed that it should be resolved that any action on the part of the congress of the United States tending to embarrass, delay and defeat the admission of Kansas as a member of the union, under any pretext referable to the question of slaverj^ would be a usurpation of power and a ^dolation of the compact of the union; that in case of such an event, the representatives of Texas in the United States congress were requested to give notice of the intention of the state to resume her independ- ence and withdraw from the union. Sister states "at- tached to the benign domestic institution of slavery" were to be invited to join her in that measure. '^^ In response to the governor's message the legisla- ture of Texas, having submitted the subject to the committee on federal relations, passed on February 16, 1858, a joint resolution. In the preamble it was set forth that a violent determination existed on the part of a portion of the inhabitants of the .territory of Kansas to exclude by force the citizens of slave- holding states from a just, equal, and peaceful partici- pation in the use and enjoyment of the common prop- erty and territory of the confederacy. Whereas this determination, owing to the state of political feeling in the northern states, operating upon the federal government, might become effectual, and the exclu- sion perpetual, it was resolved that the governor should be authorized to order the election of seven delegates to meet delegates appointed by the other southern states in convention, whenever the executives of a majority of the slave-holding states should ex- press the opinion that such convention was necessary to preserve the equal rights of such states in the union. An appropriation of $10,000 was made to defray the expenses of the delegates, and the governor ^^ Id., cong. 35, sess. 1, 1858, app. 63-4. Governor's message in Tex. JowrmlSen., 1857-8, 373-8. 426 TEXAS AS A STATE. was authorized, in case an exigency arose, in which it would be necessary for Texas to act alone, to call a special session of the legislature to provide for a state convention/' During Runnels' administration Texas continued to progress. Population steadily increased by the ad- vent of new settlers, and with the exception of troub- les connected with Indians, as previously narrated, peace reigned within her borders, and the inhabitants pursued their avocations in security. Toward the close of his term a Mexican named Juan N. Cortina began to commit depredations on the lower Rio Grande ; but as they were continued at intervals dur- ing the administration of his successor, it will be con- venient to defer for a time the relation of them. At the election held in September, 1859, the same two candidates competed for the executive office. Runnels being nominated by the democratic party, Houston ran as an independent candidate, and was elected by a majority of 8,757 votes over his oppo- nent." ™ Cmg. Ghhe, 1857-1858, p. 1000; Tex. Rept Admis. Kansas, no. 2, in Tex. Col. Doc., no. 1. '''The number of votes cast was 64,027, of which Houston obtained 36,257, and Runnels 27,500. Thrall, 379; Tex. Aim., 1861, 215. Jeff Davis Mkdal. CHAPTER XVI. CIVIL WAR. 1859-1862. The North and the South — Houstoh's Message — Repoets op Committebs ON RESOLtmoNS OP South C^kolina — Knights op the Golden Ciecle — Special Session op the Texan Congress Convened — A Convention Illegally Called — Sderender op General Twiggs — Houston's Speech at Galveston — Texas Secedes from the Union — ^Proceedings op the Convention — Houston Deposed — His Protest — Clark In- stalled Provisional Governor — Indian Settlement on Trinity River — Cortina's Insurrection — His Defeat and Flight — List of Senators and Representatives — Commencement op the Civil War — Military Operations — Invasion of New Mexico — Its Failure. The election of Houston to the executive chair was a victory of the unionist party in Texas over the confed- erate party. At this time the majority of the Texans were opposed to separation from the union; and though the late governor had been elected by the maneuvering of the democratic party, which won the confidence of the people by its crusade against the know-nothings, they presently became alarmed at the development of the secession intentions of the democratic leaders. In 1858 a vacancy occurred on the supreme bench, and the democrats nominated Buckley, who bore no enviable character, and was of well-known disunion proclivities. He was defeated by an overwhelming majority by Bell, an avowed unionist. In the canvass of 1859 the democratic convention met at the town of Housto ' confederate sentiments were expressed in it, and the A.frican slave-trade was held in favor. ' The democratic party had thrown off the ^Neweomh, Hist. Seces. Tex., 4r-6. James P. Newcomb was the editor of the Alamo Express published in San Antonio. He opposed disunion, and (427) 428 CIVIL WAR. mask, and the result was the defeat of their candidate by a large majority. Houston took his seat at a time when intense political excitement prevailed all over the United States. The measures' adopted by the legislation in 1850 and 1854, so far from producing harmony, only aggravated political hostility. However conciliatory they might have been to the southern states, they only embittered the feelings of the free-soil party in the north. The non-prohibition of slavery in New Mexico and Utah was regarded by the latter as im- politic and unjust, while the fugitive slave-law, which stringently provided for the arrest and return of es- caped slaves, was denounced as unconstitutional and cruel. The Kansas-Nebraska bill of 1854 roused the indignation of the free states, and the ranks of the anti-slavery party thenceforth gained strength daily. By the close of 1859 the opposing factions were un- compromisingly arrayed against each other, and the fire of disruption was already being kindled. Im- mediately after the passage of the bill of 1854 Kansas became a field of strife between the free-soil and pro- slavery parties, and emigrants from Missouri and the south engaged in deadly contest with settlers from the northern states. The polls were taken possession of by armed bands, and elections were carried by ille- gal voting. Counter-constitutions were promulgated in turn by antagonists, and for several years the condition of the territory was anarchical. Finally, in July 1859, a constitution prohibiting slavery was adopted by a convention which met at Wyandotte, and was ratified by popular vote October 4th fol- lowing. This defeat, aggravatec" by the raid of John Brown on Harper's Perry dur' f the same month, exasper- •H-heii the secession of Texas was declared, rather than be compelled to sacri- fice his principles, he determined to leave the country, and did so in July 1S61, proceeding to Cal. by way of Monterey and Durango. He published hia little work, consisting of 12 and 33 octavo pages, at San Francisco in 1S63. GOVERNOR'S MESSAGE. 429 ated the soutliern states, and in December 1859, both branches of the legislature of South Carolina, passed unanimously startling resolutions on the subject of federal relations. Affirming, in the preamble, the right of the state to secede from the confederation, and asserting that for the last seven years assaults upon the institution of slavery, and upon the rights and equality of the southern states, had continued with in- creasing violence, the legislature resolved that it was their deliberate judgment in general assembly, that the slave-holding states should immediately meet, and adopt measures for united action; that the resolutions should be communicated by the governor to all the slave states, with the earnest request that they would appoint deputies, and adopt measures to promote said meeting ; and that for the purpose of preparation for an emergency, the sum of $100,000 should be appro- priated for military contingencies.^ On the receipt of these resolutions. Governor Houston in January, 1860, addressed a message on the subject to both houses of the state congress. The document is somewhat lengthy, comprising six- teen Svo pages, and is an able exposition of arguments against the doctrines of nullification and secession. Houston entered his unqualified protest against the principles enunciated in the resolutions. To nullify constitutional laws would not allay the existing dis- cord. Separation from the union would not remove the unjust assaults made by a class in the north upon the institutions of the south; "they would exist from like passions, and like feelings under any government." "The union," he remarks, "was intended as a per- petuity. In accepting the conditions imposed prior to becoming a part of the confederacy, the states became part of the nation. What they conceded comprises the power of the federal government; but over that which they did not concede, their sover- ^Oopy of these resolutions -will be found in Tex. State Oaz., iv., App. 178- 9; Houston's Message on a. C. Resol, 1860, No. 1, in Tex. Col. Doc., No. 2. 430 CI'VIL WAR. eignty is as perfect as is that of the union in its ap- propriate sphere." With regard to the position of Texas, he says: "In becoming a state of the union, Texas agreed 'not to enter into any treaty, alliance, or confederation, and not, without the consent of con- gress, to keep troops or ships of war, enter into any agreement or compact with any other state or foreign power.' All these rights belonged to Texas as a nation. She ceased to possess them as a state." After quoting the language of Washington, Jefferson, Madison, Jackson, Clay, and Webster, with regard to the necessity of preserving the union, he called atten- tion to the effect of secession and disunion in Mexico, where "a disregard for a constitutional government had involved that country in all the horrors of civil war, with robbery, murder, rapine, unrestrained." In the event of disruption of the United States, to aU these evils would be added the combined efforts of the powers of tyranny to crush out liberty. In con- clusion he recommended "the adoption of resolutions, dissenting from the assertion of the abstract right of secession, and refusing to send deputies for any present existing cause, and urging upon the people of all the states, north and south, the necessity of cultivating brotherly feeling, observing justice, and attending to their own affairs." This message, with which the resolutions of the general assembly of South Carolina were transmitted, was referred by the senate to the committee on state affairs, and by the house of representatives to the committee on federal relations. The former commit- tee was unanimous in the opinion that the union and constitution should be preserved and defended, but it was divided as to the form of the joint resolutions to be submitted to the senate. Those reported by the majority, while expressing the firm resolution to de- fend the constitution of the United States and support the union, at the same time maintained the doctrine of state defence against aggressions. It was further STATE BIGHTS AND WRONGS. 431 declared that the statutes of several of the non-slave- holding states nullifying the fugitive slave laws, and the purpose of the dominant political party in the northern states, called the black republican party, to use, if it could get possession of the federal govern- ment, all the powers of that government for the ex- termination of slavery, were all in violation of the spirit and principles of the constitution. In view of this danger, Texas appealed to the people of the other states to prove, in the ensuing state and federal elec- tions, their devotion to the constitution and the union, and to the sovereignty and equality of states. In case the appeal should be disregarded, the subject of present and probable exigencies was commended to the consideration of the people of Texas, to devise ways and means of maintaining the rights and liber- ties of the states. The joint resolutions reported by the minority of the committee on state affairs were far more definite. It was resolved that the state did not admit the con- stitutional right of a state to secede; that secession was a voluntary act, and could only be justified by oppressive infractions of the constitution by the gen- eral government; that nothing, as yet, had been done by that government to justify such revolutionary ac- tion, and Texas therefore held the resolutions of South Carolina to be premature and unnecessary, and de- clined to appoint deputies; that the people of Texas, however, solemnly warned their northern brethren against the fanaticism of the abolitionists and black republicans. Whenever an assault was made upon slavery by those wielding the powers of the federal government, Texas would resist such aggression by every means in her power. Whenever the federal government became powerless to protect the rights of the states, it ceased to answer the purpose for which it was instituted, and the union would no longer be worth maintaining. In the event of such being the case, "Texas would again raise the revolutionary 432 CIVIL WAR. standard, as in the struggle of 1835 and 1836, when the Mexican confederation became the corrupt repre- sentative of mere forms of constitutional liberty. In such a contest, the people would act with those who opposed a common danger, holding an aggression on the rights of any one of her sister states as an aggres- sion upon her own ; but rather than submit to a vio- lation of their constitutional rights, they would, if necessary, single-handed and alone, again unfurl the banner of the Lone Star."° Majority and minority reports were also submitted to the house of representatives by the committee on federal relations. In the former, it was resolved that whenever one section of the union presumed upon its strength for the oppression of the other, the constitu- tion became a mockery; that Texas would neither violate any federal right, nor submit to any violation of her rights by federal authorities ; that she would not submit to the degradation threatened by the black republican party, but would sooner reassert her independence, and again enter upon a national career ; that Texas pledged herself to any one or more of the states to cooperate with them, should it become neces- sary, to resist federal wrong. The report of the minority was similar in spirit to that presented by the minority of the committee on state affairs. It was denied that any of the alleged evils were ascribable to the legitimate operations of the federal government, but were chargeable to the disloyalty of those who, by obstructing the laws and authorities, were themselves, designedly or undesign- edly, enemies of the union. The dissolution of the union would cure no evils, but on the contrary, would be the source of unnumbered evils ; the minority dis- sented from the doctrines of secession and nullification ; they deemed it inexpedient to send deputies to a con- vention of the slave-holding states, as invited by South Carolina, and it was their opinion that there was no ^ Copy of joint resolutions proposed in Tw. State Oaz., iv., app. 177-S. SECRET ORGANIZATION. 433 sufficient cause to justify Texas in taking the incipient steps for a dissolution of the union.* It will be perceived that, with the exception of the majority report of the committee on federal relations, the sentiments expressed were in all main points in harmony with Houston's views. But the year 1860 was one of unprecedented agitation, caused by the excitement over the canvass for the presidential elec- tion. A great national crisis was at hand. By the platform adopted by the republican national conven- tion, which met at Chicago on May 16th, it was denied that the authority of congress or of a territo- rial legislature could give legal existence to slavery in any territory of the United States. The ballots resulted in the nomination of Abraham Lincoln, who was elected president by a large majority of the elec- toral college's votes.' Meantime in Texas the democratic confederate leaders had not been idle after their defeat at the polls. They now had recourse to a secret organiza- tion, and the same men who had denounced the know- nothing society availed themselves of the services of a secret organization, known as the Knights of the Golden Circle, which had been formed some years before with the object of establishing an empire, the foundation of which was to rest on the institution of slavery. The boundary of this visionary empire was to be the circumference of a golden circle, as it was called by the projectors, having for its centre Habana, in Cuba, and a radius of sixteen geographical degrees. It would extend to the isthmus of Panamd, on the south, and the Pennsylvania line on the. north, and include the West Indies, the islands of the Caribbean sea, and the largest portions of Mexico and Central America. Under the auspices of this society, all the filibustering movements during the period from 1850 and 1857 were undertaken, but on the failure of *Copy of reports in Id., 166-7. 'liucoln obtained 180 votes, Breckeuridge 72, Bell 39, and Douglas 12. Hist. Mex. States, Vol. II. 28 434 CIVIL WAR. Walker's expedition in Nicaragua, the organization was partially broken up. The more persistent of its members, however, still devoted their energies to the accomplishment of disunion, and the baffled secession- ist party in Texas turned to them for assistance. In 1860, two members of the order, George W. Bickley and his nephew, were employed to organize "castles," or lodges, in Texas, receiving as remuneration for their work the initiation fees paid by incoming mem- bers. Such castles were soon established in every principal town and village in the state, and among the knights of this order were many members of the legislature and prominent politicians. It became a power in the land. By its influence the sentiments of the people were revolutionized ; from its fold were drawn the first armed rebels in Texas, under the fa- mous ranger, Benjamin McCuUough ; it furnished the vigilance committees ; and to its members were charged murders and incendiary acts committed dur- ing the war. So says Newcomb/ No sooner was it known that the majority of elec- tors chosen on November 6th were in favor of Lin- coln than South Carolina took the initiative, and called for a convention of tlie southern states, to meet at Columbia, December I7tli. Heavy pressure, too, was brought to bear upon Houston to force him to call a special session of the legislature, to which he finally yielded, much against his will, appointing Jan- uary 21, 1861, as the day for its assembly. His pre- vious views were now slightly modified, though he was still as strongly opposed to secession as ever. In his message to congress, when it met at the appointed time, he stated that he felt the necessity of the slave- holding states' taking action to secure to the fullest extent their rights, but he could not reconcile his mind to the idea that safety demanded an immediate separation from the federal government before having ^Utswp., 6-7; Lossinn's Hist. Civ. War, i. 187; Greeley's Amer. Conflict, i. 350. CHANGE OF OPINIOK. 435 stated their grievances and demanded redress. While deploring the election of Lincoln, he, nevertheless, did not yet see in that event any cause for the secession of Texas. He believed, however, that the time had arrived when the southern states should cooperate, and take counsel together. Such a convention as that contemplated by the joint resolution of February 16, 1858, would, he believed, soon be held, and desir- ing that the people of Texas should be represented in it, he had ordered an election for that purpose to be held on the first Monday in February 1861. Since the issue of his proclamation, four of the southern states had declared themselves no longer members of the union.' The interests of Texas, he said, were identified with those of the remaining states, which, as yet, had taken no action. If by joining her coun- sels with theirs such assurances could be obtained of a determination on the part of the northern states to regard the constitutional rights of the south as would induce the states which had seceded to rescind their action, the end attained would silence the reproaches of the rash and inconsiderate. He also called atten- tion to the necessity of providing against Indian hos- tilities, and for the wants of an empty treasury. Houston thus stood to his principles. He still hoped that disunion might be avoided by temperate representations of a convention of the southern states. But the operations of the knights of the golden circle had already had dire effect in Texas. The voices of the unionists were silenced by threats, by the spec- tacle of the corpses of outspoken advocates of free- state principles hanging from the trees,* and by tlie destroying flames of incendiary fires. The legislature, ' These states were South Carolina, which seceded on Dec. 20, 1860; Mississippi, on Jan. 9, 1861; Florida, Jan. 10th; and Alabama, Jan. 11th. 'On Deo. 4, 1860, Senator Clingman from North Carolina, after remark- ing that the senator from New York was reported to have said that Texas was excited by ' free debate,' made use of these words in the senate: 'Well, sir, a senator from Texas told me the other day that a good many of those debaters were hanging up by the trees in that country! ' Con/;. Ohhe, 1860-1, pt i., 4. The senators from Texas were John Hemphill and Louis T, WigfalL 436 CIVIL WAE. too, was packed with members of the order. Ignor- ing the governor's proclamation, the knights proceeded to hasten matters, and on January 8th sixty of them issued a call for a state convention, to meet at Austin on the 28th of that month, the chief justices of the counties being recommended to order the opening of the polls at the different precincts for the election of delegates to said convention. The election was held January 8th, polls being opened by the knights of the golden circle wherever judges, loyal to the union, re- fused to obey the call. By the mass of the people, the proceeding was regarded as irregular, and out of the whole number of voters in the state not more than 10,000 appeared at the polls.' Barely half of the counties were represented by the people. But the confederate party had the upper hand, and was determined to push matters to a crisis. The legislature by a joint resolution recognized the infor- mally elected delegates, and declared the convention a legally constituted assembly." Houston's veto was overruled, and on the appointed day the convention met at Austin. On February 1st the ordinance of secession was passed by a vote of 167 to 7, subject to ratification or rejection by a vote of the people on the 23d. Without waiting till the result was known the convention proceeded to appoint a "committee of public safety" to, which secret instructions were given. It, moreover, appointed delegates" to the confederate convention at Montgomery, Alabama, and having thus assumed the power to act before the will of the people was expressed, adjourned to March 2d. The committee of safety precipitated events in a still more arbitrary manner. It usurped the powers ' Thrall, page 381, does not represent the opinions of the Texajis in their true light with respect to this matter. He says, ' the people, by common consent, on the 8th of January, elected delegates to a state convention. ' •" In the house the resolution passed with little opposition. In the senate a substitute resolution was offered by one of the members, to the effect that an election should be held for a convention to meet on March 4th following; it was lost by a vote of 20 nays to 10 yeas. " Namely, John H. Reagan, Lewis T. Wigfall, John Hemphill, William S. Oldham, John Gregg, and W. B. Ochiltree. Thrad, 408. COMMITTEE OF SAFETY. 437 of the executive, and appointed three commissioners, Thomas J. Devine, P. N. Luckett, and S. A. Mave- rick, to treat with General Twiggs, in command of the United States forces in Texas, fur the surrender of his army and the national posts and property. Twiggs was already in communication with the con- federates, and when in January Governor Houston had inquired of him confidentially as to what disposi- tion would be made of the public property in Texas, he evasively replied, on the 2 2d, that he had re- ceived no instructions from Washington in regard to the disposition of the public property or of the troops, in the event of the state's seceding. "After secession," he wrote, "if the executive of the state makes a de- mand on the commander of the department he will receive an answer." In his communications with the commissioners, Twiggs required of them to support their demand with some show of force, and on Feb- ruary 16th Ben McCuUough," with a party of be- tween 300 and 400 men, took possession of the main square of San Antonio, the Alamo having been cap- tured that morning by a body of the knights. On the 18th, an agreement was entered into, and Twiggs surrendered the national forces stationed in Texas, to the number of 2,500 men," all the forts, arsenals, and military posts," and the public stores and munitions of war valued at $1,200,000, cost price. ^'' He was a native of Temiessee, went to Texas during the time of the revolution, and commanded a cannon in the battle of San Jacinto. After the independence of Texas he was captain of a company of rangers. Dur- ing the war of secession he was appointed brigadier-general in the confederate army, and was killed in the second day's fight at Pea Eidge, Arkansas, March 24, 1862. Tlirall, 589. ^ By the terms of the agreement the U. S. troops were to leave the soil of the state by the way of the coast, being allowed to retain their arms. While in Matagorda Bay, 450 of these soldiers under Major Sibley, on board of two schooners for transportation, were captured, April 24, 1861, by the confederate officer, Major Earle Van Dorn, who then proceeded with 1,500 men to San Antonio, where he made prisoners of 300 more, under Col Keeve on May 9th following. This was an infraction of the agreement. Newcomb, wt sup., 10-12; Loesing, ut sup., i. 265-73; U. S. Sen. Misc. Doc, cong. 37, sess. 1, no. i. 19-20. " The military posts and ports in Texas occupied by the U. S. troops at this time were as follows: Camp Cooper, Fort Chadboume, Camp Colorado, Fort Bliss, Fort Quitman, Fort Mason, Fort Stockton, Fort Lancaster, Fort 438 CIVIL WAR. A few days before the popular vote was taken Houston delivered a speech from the balcony of the Tremont House, in Galveston, to the excited public on the question of secession. His personal friends, fearing that violence would be oflPered, entreated him to remain quiet. But he was not to be stopped by any apprehension of danger. He stood erect before the people, and in prophetic language pictured to them the dark future. "Some of you," he said, "laugh to scorn the idea of bloodshed as a result of secession, and jocularly propose to drink aU the blood that will ever flow in consequence of it ! But let me tell you what is coming on the heels of secession: The time will come when your fathers and husbands, your sons and brothers, will be herded together like sheep and cattle at the point of the bayonet, and your mothers and wives, and sisters and daughters, will ask, Where are they ? You may, after the sacri- fice of countless millions of treasure, and hundreds of thousands of precious lives, as a bare possibility, win southern independence, if God be not against you; but I doubt it. I tell you that, while I believe with you in the doctrines of state rights, the north is de- termined to preserve this union. They are not a fiery impulsive people as you are, for they live in cooler climates. But when they begin to move in a given direction, where great interests are involved, such as the present issues before the country, they move with the steady momentum and perseverance of a mighty avalanche, and what I fear is they wiU overwhelm the south with ignoble defeat." He expressed the belief that the existing difficulties could be solved by peace- able means. Otherwise, he would say, "Better die freemen than live slaves." Whatever course Texas Davis, Camp Hudson, Camp Verde, Camp Ives, Camp Wood, Fort Clark, San Antonio Barracks, Fort Inge, Fort Duncan, Fort Mcintosh, Ringgold Barracks, Camp Palo Alto, and Fort Brown. DistumelVs U. S. Register, 1861- 62, 62-3; Tex. Aim., 1860, 144^6. hi U. S. Mess, and Doc, 1860-61, 218-21, three other camps appear on the list, situated on the Rio Grande below Fort Ringgold. HOUSTON'S DEPOSAL AND PROTEST. 439 should determine to pursue, his faith in state suprem- acy and state rights would carry his sympathies with her. As Henry Clay had said, "My country, right or wrong," so said he "my state, right or wrong." ' On February 23d the polls were opened. Houston had been right in saying that bloodshed was not an- ticipated. By most Texans the possibility of war was not thought of, and his warnings fell on heedless ears. Austin, the capital, San Antonio, and other western towns, as well as counties, gave union majorities; the German colonists, too, were for the union ; but in the other portions of the state the A'^ote was confederate. Out of 70,000 legal voters," 53,256 cast their votes. Of this number 39,415 were in favor of secession and 13,841 against it. This result was known March 5th, and then the convention, which had reassembled on the 2d, forth- with assumed the powers of the government. It in- structed its delegates at Montgomery, to ask for the admission of Texas into the southern confederacy that had just been formed ; it sent a committee to Governor Houston to inform him of the change in the political position of the state ; it adopted the confederate con- stitution; and appointed representatives to the con- federate congress." Houston in his reply to the convention considered that it had transcended its powers, and stated that he would lay the whole matter before the legislature 1* North's Fwe Tears in Texas, 88-95. The author of this little work was present on the occasion of this speech, and supplies a portion of it. His book contains a good description or Texas, at this time, of the social elements, and the different political parties, some historical events, which took place during the years 1861-5, being interspersed. isNewcomb, page 8, places the number of legal voters at over 80,000, which seems too high. The yearly influx, however, of settlers was great,, as will be seen by a comparison of the number of votes cast at the guberna- torial elections in the years 1855, 1857, and 1859, which were respectively 46,339, 56,180; and 64,027. "During the confederacy, Lewis T. Wigfall and William S. Oldham, represented Texas in the senate; and John A. Wilcox, C. C. Herbert, Peter W; Gray, B. F. Sexton, M. D. Graham, William B. Wright, A. M. Branch, John R. Baylor, S. H. Morgan, Stephen H. Darden, and A. P. Wiley in the house. Thrall, 408. 440 CIVIL WAB, which was to assemble on the 18th; whereupon the convention defied his authority, and passed an ordi- nance requiring all state oflScers to take the oath of allegiance to the new government. Houston and E. W. Cave, secretary of state, refused to take the oath; they were both deposed by a decree of the convention, and Edward Clark, the lieutenant-governor, was in- stalled as the executive. Houston then appealed to the people, and, when the legislature met, sent in a message protesting against his removal, at the same time stating that he could but await their action and that of the people. If driven at last into retirement, in spite of the constitution of the state, he would not desert his country, but his prayers for its peace and prosperity would be offered up with the same sin- cerity and devotion with which his services had been rendered while occupying public station. In his address to the public two days previously, he denounced the usurpations of the convention. It had elected delegates, he said, to the provisional council of the confederate states before Texas had withdrawn from the union ; it had created a com- mittee of safety, a portion of which had assumed exe- cutive powers, by having entered into negotiations with federal officers, and caused the removal of the United States troops from posts in the country ex- posed to Indian depredations; it had deprived the people of the right to know their doings, by holding its sessions in secret; it had appointed military offi- cers and agents under its assumed authority ; it had declared that the people of Texas ratified the consti- tution of the provisional government of the confederate states, had changed the state constitution, and estab- tablished a test oath of allegiance ; and it had over- thrown the theory of free government by combining in itself all the departments of government and exer- cising the powers belonging to each. Nevertheless Houston was far from wishing that his deposal should be the cause of bloodshed. " I love Texas," he de- FRONTIER TROUBLES. 441 clared, "too well to bring civil strife and bloodshed upon her. To avert this calamity, I shall make no endeavor to maintain my authority as chief executive of the state, except by the peaceful exercise of my functions. When I can no longer do this I shall calmly withdraw from the scene, leaving the govern- ment in the hands of those who have usurped its authority, but still claiming that I am its chief execu- tive." He then entered his formula : "I protest in the name of the people of Texas against all the acts and doings of this convention, and declare them null and void. I solemnly protest against the act of its members, who are bound by no oath themselves in declaring my office vacant, because I refuse to appear before it and take the oath prescribed." The legislature, however, in face of appeal, protest, and message, sanctioned the proceedings of the con- vention; and Clark, who had already been sworn in on the 16th, assumed the functions of provisional governor on the 21st." Houston soon after left the capital and retired to private life. During the last two years Texas had been unusu- ally harassed by depredations committed on her fron- tiers. After the removal of the Indians from the reservations in Young county, the hostility of the native races was intensified, and the northern and western borders were subject to all the horrors of savage warfare. The United States' troops and Texan rangers engaged in frequent conflicts with these subtle enemies, and many wearisome expe- ditions were undertaken in pursuit of bands which had accomplished successful raids, leaving behind them devastation and death. For hundreds of miles along the frontier, numerous small parties of from six to fiftebn warriors simultaneously attacked settlements, and generally escaped without punishment." Some ^^Newamh, utsup., 8-9; Lossiny, ut sup., i. 188-90; Thrall, 385-9, 566-7. I'Gov. Houston reported, March, 12, 1860, that during the last four 442 OrVIL WAR. savages were occasionally killed in these encounters, but many of the troops employed in this tedious and desultory service — so aggravating to the soldier — also fell/' At this epoch the native tribes, with one exception, no longer occupied the lands within the settlements. The more savage had been driven to the distant, and as yet unsettled, borders of the state, while those of peaceable habits and industrious disposition had been expelled. The exception alluded to was a band of emigrants from the Creek nation, which, early in the century, considering the contest with the white race as hopeless, sought a home in Texas, and settled near Alabama creek on land lying between that stream and Trinity river. These Indians were principally Alabamas and Coashattas, a few Muscogees only be- ing united with them. From the time of their arrival they persistently pursued a peaceful policy, content to cultivate their clearings, tend their flocks and herds, and when their crops were garnered, indulge in their passion for the chase. When Texas began to be settled by Anglo-Americans, they still remained steadfast to their peace policy, and ever showed them- selves faithful to the new-comers. Though abstain- ing from giving offence, their loyalty was often sorely months, 51 persons had been murdered, and probably as many wonnded and made prisoners. U. S. H. Ex,. Doc, cong. 36, sess. 1, No. 52, 139-42. 2» Consult XJ. S. Mess, and Doc, 1860-61, 18-51, 193-205. By an act of congress, April 7, 1858, the president was authorized to receive into the service of the U. S. a regiment of mounted volunteers for the protection of the Texan frontier. U. S. H. Jour., cong. 36, sess. 1, 238. On June 21, 1860 an act was approved, providing for the repayment, to Texas, of moneys advanced in payment of volunteers caUed out by competent authority since Feb. 28, 1855, for the defense of the frontiers, provided that the amount did not exceed $123,544. Cong. Olobe, 1859-60, App. 489. Claims for indemnity for spoliations by Indians were made by Texas against the U. S. government. Id., 1859-60, 2046, 2167, 2186, 3139. U. S. H. Com. Rept, cong. 36, sess. 1, iv., no. 535. In an expedition in 1859 for a topographical reconnoissance between the Pecos river and the Rio Grande, conducted by Lieut. F.dward L. Hartz, 24 camels were em- ployed to test their usefulness as a means of military transportation. Lieut. Hartz sent in to the government an interesting report in the form of a diary, extending from May 18 to Aug. 7, 1859. Mess, and Doc, cong. 36, sess. 1, pt ii. 422-41. Though the report was not unfavorable as to the usefulness of these animals, the employment of them was soon discontinued, MEXICAN OUTRAGES, 443 tried by outrages committed by unprincipled men, who from time to time would rob them of their crops and cattle. Their patience under these wrongs was exemplary; they abstained from reprisal when no re- dress could be obtained, and were gratefully thankful when justice was meted out to them. These Indians thus won many friends ; public opinion sustained them, and the legislature of Texas took them under its pro- tection, and purchased a tract of land for them. They were a docile, hospitable, warm-hearted people, easily restrained from over-indulgence in spirituous liquors, cheerful and humorous, generous and unselfish; and what is a special mark of their kindly nature, their women were treated with a degree of consideration not to be observed among other savage tribes." While the northern and western frontiers were depredated by the stealthily conducted forays of sav- ages, the southern borders on the Rio Grande were subjected to more open hostilities, carried on by out- laws and banditti under the leadership of Cortina." This border ruffian and his gang, in pursuit of their business as dealers in stock, had long been notorious for their frequent robbery of cattle, and depredations committed on Texan territory. Connected with this organization was a number of Mexican citizens, who, crossing the river, took part in marauding expeditions, and with their companions removed their booty to Mexican soil, evading all attempts to punish them. As for Cortina, he made either country his asylum in '•" The above account of this settlement is obtained from an article in the Tix. Aim., 1861, 126-31, the writer of which states that his estimate of the cliaracter of these Indians was based on 20 years' observation. See also Id. , 186P, 157, where his views are indorsed. The number of the Indians in 1869 was considered to be less than 500. 2^ Juan Nepomuceno CoHina was a native of Camargo, but spent his early life on a rancho owned, by his mother on the Texan side of the Rio Grande, about nine miles above Brownsville. In 1847, he was employed by a Mr Somerville to buy mules, and having purchased a band, started with Somer- ville for the interior. When nine miles distant from the river, he murdered his employer, and sold the animals to the U. S. govt at Brazos Santiago. Though indicted for this crime, he escaped arrest. Henceforth he led a vicious life, associated himself with robbers, and engaged in horse and cattle stealing. U, S, Sen. Doc, cong. 36, sess. 1, vol. ix., no, 21, 9, 13, 444 CIVIL WAE. turn, claiming American and Mexican citizenship alternately, according to the vigor with which efforts were made from time to time to arrest him. Sur- rounded, however, by a band of about seventy despe- radoes, he was generally able to defy the authorities. In 1859, this leader's proceedings began to assume a political character. The reader is already aware of the deep feelings of hostility which existed between the Anglo-Texans and the Mexican-Texans. Of the latter race, Cortina suddenly stood forth as the cham- pion, not so much from philanthropy as from a re- vengeful desire to prosecute a private feud in which he had involved Jtiimself with certain individuals resid- ing in Cameron county. On July 13, 1859, he entered Brownsville with some of his companions, and as it happened, a Mexican, who had formerly been his servant, was arrested by the city marshal, Adolph Glaevecke, for disturbing the peace. Cortina interfered, fired upon the marshal, wounding him in the shoulder, rescued the prisoner, and escaped with him on horseback to Matamoros, defying the authorities to arrest him. This flagrant act aroused the indignation of the people of Browns- ville, and an attempt was made to raise a suflScient force to capture him, but failed. Several of those most active on the occasion were known to Cortina, who marked them as his enemies, and determined to take revenge. At the head of a mounted body of men, variouslv estimated at from forty to eighty in number, early in the morning of September 28th, he entered Browns- ville, and took possession of the unprotected city. Constable Morris and a young man named Neal were killed," as also Johnson, the jailer — who refused to deliver up his keys — arid two Mexicans, in whose house he had taken refuge. Johnson defended him- 2^ Both these men were murderers, Deing known to have killed several Mexicans in cold blood, and had deadly enemies in Cortina's band. V. S. H. Ex,. Doc, cong. 36, sess. 1, viii., no. 52, 65; Id., xii., no. 81, 4. CABRERA AND CORTDfA. 445 self obstinately, killing one of Cortina's men, and severely wounding another before he was slain. Cortina now liberated the prisoners, paraded the town, and demanded that Glaevecke and other per- sons whom he named should be delivered up to him. No attempt, however, was made to plunder the city, and he was finally induced by the representations of the Mexican consul, Manuel Tresino, General Cara- vajal, and influential citizens of Matamoras to abandon it. He retired with his followers to his mother's hacienda, the rancho del Carmen, which he converted into a military camp. On the 30th of the same month, he issued his first proclamation, in which he declared that his object was to protect those who had been persecuted and robbed on account of their Mexican origin, and that an organization had been formed for the purpose of chastising their enemies, and delivering them from the machinations of a multitude of lawyers and others, who were bent upon despoiling Mexican-Texans of their lands. It was claimed that Cortina was aided by Mexican money and arms. That he found favor in the eyes of the public and some officials is more than probable; but this was not the case with the Mexican authori- ties. In response to an appeal for protection made by the inhabitants of Brownsville, the commander at Matamoros sent over a detachment of his troops on September 30th, and they were not withdrawn till all danger of a renewal of hostilities seemed over. But about the 12th of October, Cortina having by that time retreated across the Rio Grande, his second in command, Cabrera, was captured at the rancho del Carmen by the sheriiF. Cortina threatened to lay Brownsville in ashes unless he was released; a prom- inent merchant of Matamoros passed over at the re- quest of the most influential men in that city, and tried, though inefifectually, to persuade the people to comply with the demand ; Captain Tobin's company 446 . CIVrL WAR. of rangers arrived a few days afterward, and on the night of their arrival Cabrera was found hanged. Cortina now proceeded to act. He returned to the rancho del Carmen, where the number of his followers rapidly increased. His movement was very popular with the Mexican-Texans, whose cause met with much sympathy south of the Rio Grande. The people of Brownsville again asked the authorities at Matamoros to aid them in repelling the threatened attack, and a company under Colonel Loranco was sent over. On October 24th a combined force of Mexicans and Americans with two pieces of artUlerj''" attacked Cortina and compelled him to retreat into the chapar- ral. An attempt to dislodge him failed; one gun became bogged and was dismounted on being dis- charged. The advance fell back; the other gun was abandoned, and an ignominious flight followed, the Mexicans, however, bringing up the rear. The guns remained in the possession of Cortina. About November 18th Lieutenant Littleton with thirty men fell into an ambuscade and sustained a loss of three men killed and one wounded, and one taken prisoner. On the 23d of that month Cortina issued a second proclamation in which, after recount- ing to the Mexicans in Texas the grievances suffered by them, he calls on them to join him in his enter- prise. He informed them that a society was orga- nized in the state for the extermination of their tyrants ; that the veil of impenetrable secrecy covered "the great book" in which the articles of the society's constitution were written, but that no honorable man need have cause for alarm ; and that the Mexicans of Texas reposed their lot in the governor elect, General Houston, trusting that he would give them legal pro- tection within the limits of his power. In conclusion 2* Major Heintzelman, lat regt U. S. infantry, says in his report, 'The Mexican troops had but from 8 to 12 rounds of ammunition, and they did not retreat until it gave out. They are accused, but I think unjustly, of having fired blank cartridges, and that tlae cap squares were loosened to dis- mount the gun,' Id., xii., no. 81, 5. DESPKRATE POINGS. 447 this reprobate cattle-stealer appealed to tlie good in- habitants of Texas to look upon Mexicans as broth- ers, "and keep in mind that which the holy spirit saith : Thou shalt not be the friend of the passionate man; nor join thy self to the mad man, lest thou learn his mode of work and scandalize thy soul." " Meantime more volunteers arrived, and Captain Tobin collected about 250 men at Santa Rita, seven miles from Brownsville. On November 24th he ad- vanced against Cortina who was now well intrenched and protected by the captured cannon. Tobin's force was a disorganized crowd, and after receiving and re- turning the fire of the enemy, he gave the order to fall back and wait for a 24-pounder howitzer, which he had left with sixty men at Santa Rita. The whole force, however, retreated to that place; a misunder- standing occurred and some of the men returned to Brownsville. On the following day he again ad- vanced, but again fell back, deeming it imprudent to attack. Cortina's force kept rapidly increasing, and he soon had between 400 and 500 followers, a number of whom were criminals who escaped from the prison at Vic- toria, and had joined him in spite of the efforts of the Mexican authorities to prevent them." On December 5th Major Heintzelman, 1st regi- ment U. S. infantry, arrived at Brownsville with 122 ofiicers and men, where he was joined by Captain Rickett's company, 1st artillery, of 48 men, and Major Tobin with 150 rangers. On the 14th he attacked the enemy with 165 officers and men of the regular '^ Copy of proclamation in U. S. H. Ex. Doc., cong. 36, seas. I, viii., no. 52, 79-82. 28 The Texans charge the Mexican authorities with wilfiilly making no endeavor to prevent Cortina receiving such recruits. This was not the case. Considering the nature of the country and the willingness on the part of the Mexican people to aid fugitives, the authorities did all that was possible. A force was sent from Matamoros to guard the fords of the Rio Grande, and other measures were taken to arrest the criminals. The report of the Mexican investigating committee of May 15, 1873, contains a very fair ac- count of Cortina's insurrection, and the position of Mexico in regard to it. Mex. In/orme Comis, Peag., 1873, 71-85, 448 CIVIL WAH. army and 120 rangers, and captured one of Cortina's principal camps without difficulty. The insurrection- ary leader now concentrated his forces and retired up the river, devastating the country on his march, as far as Rio Grande City, which place he took posses- sion of as well as of Fort Ringold. Heintzelman started in pursuit of him on the 21st and on the 27th attacked his camp, which was situated about half a mile outside of Rio Grande. Cortina sustained a complete defeat, losing his guns, ammunition and baggage. His force was between 500 and 600 men of whom 60 were killed, or drowned in the river. The Americans had sixteen wounded, most of them only slightly. The routed leader with his followers took refuge in Tamaulipas. The devastation which he had caused was serious. Major Heintzelman in his report already quoted says : " The whole country from Brownsville to Rio Grande City, 120 miles, and back to the arroyo Colorado, has been laid waste. There is not an American, or any property that could be destroyed, in this large tract of country. Busi- ness as far as Laredo, 240 miles, has been interrupted or suspended for five months. The amount of claims for damages is $336,826. There have been fifteen Americans and eighty friendly Mexicans killed. Cor- tina has lost 151 men killed ; of the wounded I have no account."" In June 1860 Cortina was put to flight by Mexican troops, which were kept for six months in the field to operate against him, and succeeded in capturing many of his lawless followers. Having found a refuge in the mountains of Burgos, in May, 1861, he thence again invaded Texas and burned Roma, but was again de- feated. This was the closing event of his insurrec- tionary movements against Texas. ^° " Detailed particulars of this insurrection will be found in 76.; XJ. 8. S. Ex. Doc, Cong. 36, seas. 1, ix., no. 21 and 24; H. Mm. Doc., cong. 36, sess. 1, v., no. 38; ff. Ex. Doc, cong. 42, sess. 3, vii., no. 39, where on pp. 43-4, tlie claims for damages will be seen to amount to $1,906,619: Id., cong. 36, sess. 1, viii., no. 52, xii., no. 81. ** He afterward revolutionized Tamaulipas, became gov., and intrigued EFFECT ON TEXAS. 449 By proclamation of April 15, 1861, President Lin- coln declared the states of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas in rebellion, called out 75,000 of the militia, and summoned congress to assemble on the 4th of July following. On the 11th of that month, senators Hemphill and Wigfall, having failed to take their seats, were declared expelled from the senate of the United States. "" together with certain members from Virginia, North Carolina, South Carolina, Tennessee, and Arkansas, by a vote of 10 nays against 32 yeas.^' The great civil war began, and fortunate it was for Texas that her geographical position placed her out- side the cyclone of that Titantic strife. While the whirlwind of destruction and death swept for years over the unhappy south, she was only disturbed by the commotion raised on the edge of the dreadful both with the confederates and the U. S. officials. In 1871 he was a general under Juarez, and in 1875 mayor of Matamoros and gen. in the Mexican army. For refusiag to obey orders he was arrested and sent prisoner to Mexico. Mex. Inforrm Gam. Pesq., 1873, 83-5; Thrall, 528-9. The following is a list of the senators from Texas previous to the secession. Thomas F. Rusk from 1845 to 1857 Samuel Houston from 1846 to 1859 Piokney J. Henderson from 1857 to 1859 Matthias Ward from 1858 to 1859 John Hemphill from 1859 to 1861 Lewis T. WigfaU from 1859 to 1861 Henderson and Ward in succession completed the unexpired term of Rusk. Texas up to 1861 was entitled to two representatives in the lower house, cor- responding to the eastern and western districts. From the eastern district they were: David S. Kaufman from 1846 to 1851 Richardson Scurry from 1851 to 1853 O. W. Smyth from 1854 to 1855 Lemuel Dale Evans from 1856 to 1857 John H. Reagan from 1858 to 1861 The western district was represented by Timothy PiUsbury from 1846 to 1849 Volney E. Howard from 1850 to 1853 P. H. Bell from 1854 to 1857 Guy M. Bryan from 1858 to 1859 Andrew J. Hamilton from 1860 to 1861 Population in Texas had increased so rapidly that in the apportionment of representation of the states ia the house, of July 1861, Texas was allowed four representatives. U. S. H. Ex. Doc, cong. 37, sess. 1, no. 2. ^U. 8. Sen. Jour., cong. 37, sess. 1, 25, 29-30; Cong. Olohe aiid App.„ 1861, 1. Hist. Mex. States, Vol. II. 29. 450 CIVIL WAR. storm. Her territory, in all its length and breadth, did not become a battle-field, and agriculture met not with the same destruction, as in some other sections. It is true that many places were abandoned and became desolate, and thousands of acres under culti- vation were left to weeds and thistles; but the flail of famine did not fall upon the land. Her commerce naturally suffered much, but even in this respect the detriment to Texas was less than that felt by any other of the southern states. She had the advantage of being the solitary portion of the territory of the confederacy bordering on a foreign nation, and found in Mexico a market for her cotton, and a source from which she could procure supplies of the most necessary commo- dities. Her numerous posts on the gulf, too, afforded her better facilities for running the blockade which was established than those possessed elsewhere by the south. Thus, comparatively speaking, Texas, locally considered, suffered less than any other con- federate state. Nevertheless a stop was put to her progress; internal improvement and immigration ceased, and thousands of her sons perished in the war. For she did not flinch from taking her full share in the struggle, and in many a hard fought battle her ilag was borne in the thickest of the fight. Within one month after the installation of Clark, hostilities broke out. On April 14, 1861, Fort Sum- ter was evacuated by Major Anderson, and on the following day Lincoln's proclamation was issued. Enlistment for service was at once commenced in Texas, and early in May, Colonel W. C. Young, crossing Red river, captured Fort Arbuckle and other military posts of the United States in the Indian Territory, the federal soldiers retreating to Kansas. Colonel Ford, also, assisted by an expedi- tion which sailed from Galveston, took possession of Fort Brown, opposite Matamoros, without meeting with resistance. Captain Hill, in command, had re- fused to obey the order of Twiggs to evacuate it, but GOVERNOR LUBBOCK. 451 found that he could not possibly hold it with his small force. On June 8th Governor Clark issued a proclamation, announcing that a state of war existed, and shortly after the ports of Texas were blockaded by a squadron of the gulf fleet. The Texans had never been lag- gards in hastening to the field of action, and now, after an interval of nearly twenty-five years of almost uninterrupted peace, their warlike spirit was again aroused. Military districts were formed, a system of instruction in evolutionary movements and the use of arms was established, and great numbers enlisted in the cause to which Texas had pledged herself By November 15,000 men were enrolled in the service of the confederate army. The election of 1861 showed a majority in favor of Francis R. Lubbock," for governor, who defeated Clark by only 124 votes.^" He was inaugurated November 7, 1861. In July of this year Lieutenant-colonel John R. Baylor had occupied Fort Bliss, on the Rio Grande, and crossing the river took possession of Mesilla on the 25th. Major Lynde, 17th U. S. Infantry, in ■command at Fort Fillmore near by, having failed to dislodge Baylor, surrendered his whole command of about 700 men. Lieutenant-colonel Canby was at this time in command of the department of New Mexico, and made preparations to meet the invasion. Meantime Major Sibley of the United States' Army, 51 He was bom in Beaufort, S. 0., Oct. 16, 1815, and migrated to Texas Dec. 1836, settling in the town of Houston, where he opened a mercantile busineas house. £i 1838 he was comptroller of the treasury, and from 1841 to 1857 held the oflSce of clerk of the district court for Harris county. In the last named year he was elected lieut-gov., and in 1860 was appointed delegate to the Charleston convention. At the close of his term as gov., he entered the confederate army as an adjutant-general on the staff of President Davis, was captured with him in 1865, and imprisoned in Fort Delaware. In 1866 he resumed busiaess ia Houston, and two years later removed to Gal- veston. Lubbock, in 1876 was elected to the office of state treasurer, and re- elected in 1880. Bwhe's Tex. Aim., 1882, 154; Cordova's Tex., 102, 168-70. 5' The total number of votes oast was 67,343, of which Lubbock obtained 121, 854; Clark, 21,730; and T. J. Chambers, 13,759. John M. Crockett was -elected lieut-gov. ThraU, 391. 452 CIVIL WAB. had joined the confederates, and with the rank of brigadier-general was ordered in July to proceed to Texas, and organize an expedition for the purpose of driving the federal troops out of New Mexico. Sibley reached El Paso with his force about the middle of December, and issued a proclamation, inviting his old comrades-in-arms to take service in the confederate army, an appeal which met with no response. Colonel Canby, early in 1862 made Fort Craig, on the Rio Grande north of Mesilla, his headquarters, and on February 21st, after some maneuvering, and a skirmish on the day before, crossed the river and engaged the Texans. Canby's force aggregated 3,810 men, but of these only 900 were regulars, the re- mainder, consisting of volunteers and New Mexican militia, were of little service. Sibley reported the number of his force to have been 1,750. The en- gagement, called the battle of Valverde, took place in the afternoon, and resulted in the discomfiture of the federals, who retreated to the fort, leaving six pieces of artillery in the hands of the enemy. Sibley now marched to Alburquerque, and from that place sent a detachment to occupy Santa Fe, which having been evacuated by the federal officer in command. Major Donaldson, was entered by the Texans March 23d. Fort Union, on the Santa Fe route, was the next point to which Sibley directed his march, but on the 28th of the same month his ad- vance, under Colonel W. R. Scurry, became engaged at the eastern mouth of Apache Canon, with a federal force over 1,300 strong, with eight pieces of artillery, under Colonel Slough, who had advanced against the invaders from Fort Union. Slough detached about 500 of his men, under Major Chivington, by a difficult and dangerous mountain trail, to assail the enemy's camp in the rear, while he engaged the main body. The maneuvre was successful; the camp with all the supplies of every kind was taken by the enemy, and though Slough's column was repulsed after a fierce HEAVY LOSSES. 453 fight of five hours, Scurry sent in a Hag of truce, and after burying his dead retreated to Santa Fe. Slough's loss was one officer and 28 men killed ; two officers and 40 men wounded, and 15 men taken pris- oners ; that of Scurry, four officers and 32 men killed, and 60 wounded. This check stopped further advance. Early in April Santa Fe was evacuated, and the Texans re- treated down the Rio Grande. On the 15th they were attacked ' at Peralta by Colonel Canby, and an indecisive engagement took place. In the night the Texans resumed their retreat, and on May 18th, Canby reported' ' them as scattered along the Rio Grande between Dona Anna and El Paso. On July 6, 1862, the last of the confederates crossed into Texas. It was a bootless campaign, in which the devoted sons of Texas lost by sickness and in killed, wounded, and prisoners, over 500 men. New Mexico, with its rugged mountain ranges, desolate regions, and water- less deserts, was not a desirable country in which to undertake military expeditions. General Sibley, writ- ing to Richmond from Fort Bliss expressed the con- viction that the territory was not worth a quarter of the blood and treasure expended in its conquest, and that his men had manifested an irreconcilable detes- tation of the country and the people."* ^^ The above particulars are mainly derived from the account of thia in- vasion by A. A. Hayes, in Moug. Amer. Hist., Feb. 1886, 171-84. The writer had access to valuable official documents, visited New Mexico in 1879, and ' devoted much time to inquiries from those who took part in the campaign. ' CHAPTEE XVII. PROGRESS AND EMD OT THE WAR. 1862-1865. Operations op the United States' Navy — Recaptbkb op Galveston ey" THE TeXANS — MiLITAET DESPOTISM — DEFEAT OF THE FEDERALS AT Sabine Pass — Death op General Houston — ^His Chajractbe and Policy — Murrah Elected Governor — Operations of the Federals on the Gulf Coast — ^Attempt against Texas by Red River — Brownsville Taken by Cortina — Administration of Murrah — Financial Matters — The Conscription Laws — ^Lamentable Social Condition of Texas— Industrial Progress — Cotton Planters — Reverses of the Confederate Arms — The Last Engagement. In May 1862, the surrender of the city of Gal- veston was demanded by Commodore Eagle in com- mand of the blockading squadron. No attention was paid to the summons, and as the commodore had no troops at the time to enforce his demand, no attempt was made to occupy the place till October 4th, when Commander Renshaw, of the United States' steamer Westjield, with the Harriet Lane, Owaseo, and Clifton, captured the defences of the harbor and city after a mere show of resistance on the part of General He- bert, who withdrew his troops to Virginia Point, on the mainland. Meantime, about the middle of September, Lieu- tenant J. W. Kittredge, with his vessel, the Arthur, and the steamer Sachem, took possession of Corpus Christi, captured several vessels, and necessitated the burning of others by the confederates. Subsequently Kittredge, while on shore, was captured with his boat's crew. Somewhat later Francis Crocker, com- manding the steamer Kensington, with the schooners (464) GENERAL MAGRUDER, 455 Rachel Seaman and Henry Janes, captured the defences of Sabine city. He then proceeded to Cal- casieu river, and took or destroyed several blockade- runners/ So incensed were the people at the abandonment of Galveston by General Hebert, that they petitioned for his removal, and he was superseded in November 1862 by General Magruder, who forthwith made preparations to recapture the island. On Buffalo Bayou, a few miles below the city of Houston, he transformed four river steamers into gun-boats, pro- tecting their sides with compressed cotton-bales. The return of Sibley's brigade from New Mexico, gave him an efficient force of men already experienced in war, and he had also at his disposal 5,000 Texans, who had been called into service for the protection of the coast. Galveston was occupied by the 4 2d Massachusetts volunteers; the Harriet Lane was lying at the wharf, and five other United States' vessels were stationed off the shore toward the pass.^ Magruder's plan was to assault the enemy simul- taneously by land and water. His preparations were conducted with the greatest secrecy, his intention be- ing known only to himself and staff. On December 29th, he proceeded to Virginia point with the land forces, sending the gun-boats Neptune, Bayou City, Lucy Gwinn, and John F. Garr to the head of the bay, with instructions to commence their attack when the moon went down, on the night of the 31st. At the appointed time, about 4 A. m., on January 1st, the land forces, which had silently and un perceived crossed over to the island, assaulted the position of the fed- erals. The gun-boats, delayed by a low tide, could not reach the scene of action in time to cooperate in the opening of the attack, and victory began to seem doubtful. At this crisis they fortunately arrived, and "^Cong. Globe, 1862-63, app. 14. 2 Namely, the Westfield, Clifton, Oimsco, SacJiem, and GorypJiem, the last two having joined the squadron two days before the attack. U. S. H. Ex^ Doc, cong. 38, sess. 1, iv., doc. 1, app. 312. 456 PROGRESS AND END OF THE WAR. attacked the Harriet Lane. The Neptmie was soon struck by a shell below the water-line, and sunk, but the Bayou City, steaming up, ran into the enemy's vessel, and became entangled in her rigging. The Texans leaped on board, and a hand-to-hand conflict ensued, in which Commander Wainwright, of the Harriet Lane, and Lieutenant-commander Lea were slain. On their fall the ship surrendered. The West- field, in trying to leave the harbor, ran aground, and in order to prevent her falling into the hands of the Texans, it was determined to blow her up. The ex- plosion took place prematurely, and Commander Ren- shaw with fifteen men perished. All the other vessels escaped. Meantime, the efforts of the confederate land forces were crowned with success ; the federals surrendered, and Galveston island was again in pos- session of the Texans,^ who retained their hold of it till the termination of the war, though the port con- tinued to be blockaded. At the outbreak of the war, and during the earlier part of Lubbock's administration, it was confidently believed by the mass of the people in Texas that the establishment of the confederacy would be accom- plished. It is true that after the passage of the se- cession ordinance the unionists began to organize secret leagues, with the object of controlling the gen- eral election to be held in August following ; but the attack on Fort Sumter, and the destruction of an^' lingering hope that the question could be settled oth- erwise than by an appeal to arms, paralyzed the effort. A feeling of helplessness and consequent apathy took possession of the imionist leaders, while a general en- thusiasm pervaded the people at large, and the ranks of the confederates proportionately gained strength. Stringent laws and orders that were issued, being re- garded as measures necessary to success, were at first submitted to with promptness and cheerfulness, and "Id., 309-18; Tkrall, 395-6; North's Five Ymrs in Tex., 106-11. LUBBOCK'S ADMINISTRATION. 457 calls for volunteers were liberally responded to by the Texans. But presently they began to perceive that they had placed their necks under the yoke of a mili- tary despotism. On April 28, 1862, martial law was proclaimed by General Bee, in command at San An- tonio, over the western military district, and on May 30th following, General Hebert proclaimed that it was extended over the whole state. Every white male person above the age of sixteen years was required, when summoned, to present himself before the provost marshal, and have his name, residence, and occupa- tion registered ; aliens were made to take an oath to maintain the laws of the state and the confederacy ; persons disobeying orders and summonses issued hj the provost marshal would be summarily punished; and any attempt to depreciate the currency of the confederate states was declared to constitute an act of hostility.* On November 21st, an order was issued forbidding the exportation of cotton, except by the agents of the government, and in February 1863 further restrictions were made on the exportation of the same article across the Rio Grande. These and similar measures were condemned as interfering with trade, and de- priving the people of the means of procuring many necessary supplies. Moreover, after the first excited rush of volunteers into the service had subsided, the stern law of con- scription was passed, and in Texas was enforced to the utmost. AH males from eighteen years of age to forty-five were made liable to service in the confeder- ate army, with the exception of ministers of I'eligion, state and county officers, and slave-holders, the pos- session of fifteen slaves being the minimum number entitling an owner to exemption. Governor Lubbock was an extremist in regard to this system. In his message to the legislature in November 1863, he suggested that every male person from sixteen years * Copy of proclamation in Thrall, 398. 458 PROGRESS AND END OF THE WAR. old and upward should be declared in the military service of the state ; that no one should be permitted to furnish a substitute, and that the right to do so should be abolished, both by the state and confederate governments. In the same message he informed the legislature that 90,000 Texans were already in the confederate service. When it is borne in mind that the greatest number of votes ever polled in the state was little over 64,000, it will be seen what a tremen- dous drain had been made on the strength of the country. Again, the confiscation act,° and the law authoriz- ing the banishment of persons still adhering to the union, ^ were scrupulously enforced. Many persons who had spent their lives in Texas thus lost their property, and even temporary absentees in the north, who would have found it difficult, if not impossible, to return, were likewise deprived of their possessions. But still more unfortunate were persons of union proclivities who yet remained in the country. Under authority of the banishment act, the settlers in the western counties, and the German colonists, who stUl held to their anti-slavery propensities, were severely punished. After the proclamation of martial law in Texas, no household of anti-confederate ideas in those districts was permitted to dwell in peace, just as was the case in regard to confederates in the northern states, the feeling of loyalty to country being in Texas somewhat intensified. Many unionists attempted to escape to Mexico. The earlier fugitives were mostly successful, but of those who followed in their wake the greater portion was captured and put to death.' ^Passed by the confederate congress Aug. 31, 1861. It provided that all property within the limits of the confederacy belonging to union men who did not proclaim their allegiance to the confederacy, or had left it, should be confiscated. ^This law was passed Aug. 8, 1861. By it every male over 14 years of age who adhered to the U. S. govt was made subject to banishment from the limits of the confederate states, and the courts of justice were ordered to arrest and treat as alien enemies all union men who did not tender their al- legiance or leave the confederacy within 40 days. ' Lossing quotes from the San Antonio Herald, an organ loyal to the con- federacy, as follows: 'Their bones are bleaching on the soil of every county FEDERAL REVERSES. 459 By the close of Lubbock's administration the tide of opinion was changing. The confederate arms had met with serious reverses, and the dark shadow of the impossibility of an independent south had already cast a gloom around over the country. After the capt- ure of Galveston island no other operation of importance occurred in 1863 until September, when an attempt, with the object of invading Texas, was made to effect a lodgment at Sabine City, where was the terminus of a railroad leading into the interior. It was be- lieved by General Banks, to whom the conduct of the expedition was entrusted, and to whom discretionary power was given, that, by gaining possession of this point, he could concentrate an army of 15,000 men at Houston, and thereby gain control of all the railroad communications in Texas. It appears that in January, 1863, the blockade of Sabine pass " was not considered effective by General Magruder, and on the 21st of that month he issued a proclamation inviting neutral nations to resume a commercial intercourse with that port.' The fact is that on the morning of that day the United States squadron sustained a reverse, and the blockade of Sabine Pass was temporarily destroyed by the cap- ture of the Morning Light and the Velocity by two confederate cotton-clad steamboats, the Josiah Bell and the Uncle Ben. The engagement was fought out- side the bar, and after a hot conflict of two hours the federal vessels surrendered." The blockade, how- ever, was soon resumed, and on April 18th of the from Red river to the Rio Grande, and in the counties of Wise and Denton their bodies are suspended by scores from the Black Jacks. ' Hist. Civ. War, ii. 536. See his account, page 537, of the massacre of about 40 German colo- nists, Aug. 10, 1862, on the Nueces river, out of a party of sixty who were endeavoring to make their way to Mexico. * J. J. Jarvis, hanker and stock raiser, residing at Fort Worth, Texas, says: 'Sabine Pass, perhaps, has superior natural advantages for a seaport city to any other point on the gulf coast of this state; deep water might be obtained there perhaps with smaller appropriations than any other point on the coast of Texas.' Observ. Agric., MS., 8. ' TI. S. H. Ex. Doc, cong. 28, seas. 1, iv., no. 1, 3.31-3. "Reports of Surgeon Sherfy and Acting Master Dillingham, in Id., cong. 38, sess. 2, vi., no. 1, 493-8. 4GU PROGRESS AND END OF THK WAR. same year, a skirmish took place in which Lieuten- ant-Commander McDermot of the federal gun-boat Cayuga, who was reconnoitring the enemy's position, was killed and several men severely wounded. Since this time the confederates in Sabine city had been unmolested, and they erected a fort defended by a formidable battery of eight heavy guns, three of which were rifled. General Banks, in pursuance of his plan for the conquest of Texas, placed 4,000 men under the com- mand of Major General Franklin, with instructions to effect a landing at Sabine Pass, with the coopera- tion of the navy. The necessary transports were provided, and the steamers, Clifton, Sachem, Arizona, and Granite City, under Lieutenant Frederick Crocker, were assigned to support the movement. On Sep- tember 8th these gun-boats with the transports crossed the bar. It had been intended to effect a surprise, and to make the attack at early dawn on the morning of the 7th ; but this plan seems to have been discon- certed by want of unity of action, and the expedition appeared for twenty-eight hours off the pass before it moved against the enemy, who thereby became aware of the threatened danger. Franklin, moreover, failed to follow his instruc- tions, by which he was ordered to land his troops be- low the pass. Instead of doing so he arranged with Crocker that the gun-boats should first bombard the fort, expel the garrison, and drive off, or capture two cotton-clads of the enemy stationed in the river. This accomplished, the troops were to land and take possession. Accordingly the federal vessels steamed up and opened fire, which was not returned till they were abreast of the fort. There a heavy cannonade was directed against them, and the Clifton and Sachem were soon disabled, being struck in their boilers or steam-pipes. The Clifton ran aground, and in a. short time both vessels hauled down their colors. This disaster decided the affair, which resulted in ignomin- DEATH OF HOUSTON. 461 ious defeat on the part of the federals. The Arizona and Granite City backed out of the contest, and the transports being left unsupported, Franklin made no attempt to land. On trying to cross the bar the Arizona grounded, but succeeded in getting afloat at flood-tide. The transports also passed safely outside, and the expedition then returned to New Orleans, having lost two gun-boats, mounting fifteen rifled guns, and over 100 men in killed and wounded, besides at least 250 prisoners." The garrison of the fort consisted of only 200 Texans, of whom no more than 42 took part in the action. These were presented by President Davis with a silver medal, the only honor of the kind known to have been bestowed by the confederate government.'^ On the 26th of July 1863, General Houston, the soldier and statesman, the architect of Texan inde- pendence, breathed his last at his home in Huntsville, Walker county. His health had been declining for some time, and with a broken spirit he had watched for the last two years from his place of retirement, the current of the events which he had predicted. The spirit of the loyal south had pervaded even his own family, and his son Sam, who had enlisted early in the confederate ranks, had been wounded, and was a prisoner. This embittered the last days of the steadfast old patriot. Though the ex-governor offered no active opposi- tion to the victorious party after his deposal, his views as to the revolution and the possibility of its success underwent no change. Nor was he merely a silent and uninterested spectator; his voice was raised, from time to time, against the arbitrary proceedings of mili- ^^ The confederates reported having buried 28 of the federals. Id. , 365-8, 390-5; Lossing, ut mp., iii. 221-2. According to the report of the secretary of the navy, the killed, wounded, and missing amounted to 107. U. S. //. Ex. Doc, cong. 28, aess. 2, no. 1, 491-3, 495-6. '2 It was made of a thin plate of silver, with the words ' Davis Guards ' and a Maltese cross stamped on one side, and the place and date of the achievement on the other. 462 PROGRESS AND END OF THE WAR. tary despotism. When martial law was proclaimed by General Hebert, he addressed a strong protest to Governor Lubbock, denouncing the proclamation. The general, he said, abrogated thereby all the powers of the executive, ignored the bill of rights, the consti- tution and the laws of the state, and arrogated to himself undefined and unlimited powers. The docu- ment was not published till many months after ; but when it did appear, it produced a profound impression. At a later date when confederate paper was made the currency, Houston, in a public speech at Bren- ham, disapproved of the resolutions passed to force those who had lent their gold to receive in payment depreciated treasury notes ; yet this is exactly what the men of the north were doing. General Houston was endowed with great natural abilities, and gifted with no ordinary physical strength. His intuitive quickness of perception; his foresight and far-reaching mental grasp; his penetration and ready comprehension of the drift of parties, and his sagacity and tact in devising means wherewith to ac- complish ends, were indeed exceptional. In self- possession and confidence in his own resources, he was unrivalled ; his influence among the masses was ex- traordinary ; and as a speaker, his power over a Texan audience was magical. Yet, as a public man, whether in a military or civil capacity, no leader had more bitter enemies, but at the same time none had warmer friends. As president of the republic his administration was marked by economy, by a pacific policy in relation to the border Indian tribes, and by a defensive and not an aggressive attitude toward Mexico. He would rather feed Indians than kill them ; was ever ready to ward off threatened invasion, and adopt protective measures against predatory incursions on the frontier, but not to organize such undertakings as the Santa F^ expedition. The enterprise attempted by Colonel Fisher and his followers in their attack on Mier was never contemplated by Houston. A GREAT MAN. 463 In the senate of the United States, where he rep- resented Texas for well nigh fourteen years, he was persistently conservative, attaching himself to the old democratic party. But when his associates began to drift toward secession, he could not follow them. His leniency toward the north first displayed itself in 1848-9. He voted against the extension of the Mis- souri compromise line to the Pacific coast, the non- passage of which bill virtually excluded slavery from the territories newly acquired south of 36° 30'. Moreover, he voted for the Oregon territorial bill with the slavery exclusion clause. For this he was as- sailed ; but his constituents sustained him, as Texas, by virtue of the articles of annexation, was in no way affected by the measure. When, however, he voted against Douglas' Kansas and Nebraska bill, intro- duced into the senate in 1854, in which the doctrine of squatter sovereignty was upheld, giving territorial legislatures the right to decide on the question of slavery within their respective territories, Houston was abandoned by his southern adherents. Yet his support of the Missouri compromise on this occasion .proved his unerring foresight. He contended that if the bill were passed, those territories would in any case exclude slavery. The north, with its large population, would pour into them a tide of emigrants which would inevitably make them free-soil states. And such was the result. About this time, also, Houston became affiliated with the know-nothing party. He did not believe in his country being flooded with paupers and felons, with the scum and refuse of Europe. Pie was indig- nant that such an outcast class of aliens, after a few months' residence in the United States, should be ad- mitted to all the rights and privileges of native-born Americans, crowding to the wall the true patriots, — the men of wealth and intelligence, and those who had shed their blood for their country. In a speech delivered at Nacogdoches, in December 1855, he 464 PROGRESS AN! J END OF THE WAR. vehemently inveighed against the bill for the naturali- zation of foreigners, which allowed every alien the right to vote after six months' residence in the country. Was it, he asked, by such means as these that slavery was to be ingrafted upon Kansas? The south had given way to the evil, but his voice should never be raised in favor of allowing the vote of the foreigner, who had been but six months on United States' soil, to weigh against the vote of a native or natural- ized citizen, in moulding the' institutions of a sover- eign state of the union. Houston's know-nothing tendencies, and his oppo- sition to the repeal of the Missouri compromise, naturally alienated many of his old democratic friends, and his popularity waned. At the election in 1857" he was defeated by Runnels, a propagandist of dis- union sentiments, and an advocate of the re-opening of the African slave-trade; and though in 1859 he gained the victory at the polls, the majority of the legislature was opposed to him. His steadfast oppo- sition to the confederacy worked his downfall. The victor of San Jacinto was a truly great man. If Austin laid the foundation stone, Houston erected the edifice. Apart from his high intellectual capa- bilities, he possessed many of the noblest qualities that adorn the human character. His courage, his kindness, his scrupulous honesty in everv official station which he occupied, and the open expression of his sentiments regardless of personal consequences can never be questioned. His enemies accused him of cowardice, because he had the firmness not to jield to hot-headed individuals, who would have driven him, if they could, to engage Santa Anna piematurely, and thereby have placed in jeopardy the indepen- dence of Texas; and because he scorned to resent with brute force the abuse that was heaped upon him by political and personal enemies, seeking his blood. His career is before the reader, who will be able to decide for himself this question of bravery. In both GOVERNOR MUERAH. 468 of the battles in whicli he was engaged he was wounded while leading on his men ; moreover, it cannot be said that Andrew Jackson was a person likely to bestow his regard upon a poltroon. But Houston was not blood-thirsty; and he possessed that higher kind of courage which enabled him to brave the contempt of a community which still held to the savagism that insults should be wiped out with blood. In private life he was affable and courteous, kind, and generous. When thwarted, however, he became harsh, and not unfrequently vindictive. He never failed to repay with compound interest, sooner or later, any insinuation or coarse attack, and those who crossed his political pathway were chastised with a scathing invective which they never forgot. Acts of friendship and of emnity were equally retained in his memory, and met with corresponding return. Majes- tic in person, of commanding presence, and noble countenance, he was a striking figure in public and in private. Sorrow for the miseries of his country, poverty in his household, and a broken down consti- tution, saddened the days, as, shattered and worn — ^to use his own words" — he approached the narrow isth- mus which divides time's ocean from the sea of eter- nity beyond. So straightened were his means that his family were often stinted for the necessaries of life. Some years after settling in Texas Houston again married, and at his death left a widow and seven children, the eldest of whom had not yet attained the age of majority." On November 5, 1863, Pendleton Murrah," the 13 In his last public speech, delivered March 18, 1863, in the city of Hous- ton, in Tlirall, 567. ^^ Lester's Houst(m amd his Rep., passim; Thrall, 400, 555-68; Baker's Tex., 255-7; Linn's Eemirm., 258, 272-7; Green's Reply, passim; Kennedy, ii. 159-60; Harper's Mag., xxxii. 630-5; The Century, Aug. 1884; 8. F. Bulletin, Apr. 11, 1866, sup.; Tex. Aim., 1859, 119-25; CdrdovcCs Tex., 178-9. i» Murrah was a native of South Carolina, a lawyer by profession. In early life he went to Alabama, whence he migrated to Texas, settling ia Hist. Mkx. States, Vol. II. 30 466 PROGRESS AOT) END OB" THE WAR. governor elect, was inaugurated, Fletcher S. Stock- dale being lieutenant-governor." After the failure of the expedition against Sabine city. General Banks determined upon another to get possession of the Texan ports, break up the trade that was being carried on with Mexico through Brownsville and Matamoros, and put a stop to the evasion of the blockade by vessels sailing to and frona the Rio Grande. Being the boundary between the United States and Mexico, this river was open to the navigation of both countries and could not be block- aded. Numerous schemes were projected to take ad- vantage of the facilities thus offered, and under the disguise of neutral trade, Matamoros had become a great commercial mart for the Texans and European speculators." Late in October, 1863, Banks, supported by a naval squadron under Commander Strong, sailed with 6,000 troops from New Orleans for the Rio Grande, the immediate command, however, being given to General Napoleon Dana. On November 2d the soldiers were landed at Brazos Santiago, and Browns- ville was taken possession of on the 6th. The occu- pation of Corpus Cliristi, of the confederate works at Aransas pass, and of Cavallo pass, and Fort Esper- anza, at the entrance of Matagorda bay, speedUr fol- lowed. By the end of December, Indianola and the Matagorda peninsula were in possession of the federals, only a faint show of resistance being made by the Texan^, who withdrew from the coast defences west of the Colorado. At the beginning of 1864 the only places on the gulf coast of importance that remained in their possession wero at the mouth of the Brazos Harrison County. In 1857 he represented that county in the state legisla- ture. On the surrender of the confederate armies in 1865, Mnrrah left the country and sought refuge in Mexico. He died in Monterey in July of the same year. Thrall, 408, 596. '^The votes polled for governor were: for Murrah, 17,511; T. J. Cham- bers 12,455; scattering 1,070 — making a total of 31,036. " Report of the secretary of the navy, Dec. 7, 1863. U. S. H. Doc., cong. 38, sesa. 1, no. 1, p. viii. f ACTION OF TEXANS. 467 and Galveston island, both of which were too strongly- defended to admit of the enemy making any attempt against them. The occupation of Brownsville effect- ually stopped the extensive trade carried on by the Texans through Matamoras, and on February 18th, President Lincoln, by proclamation, relaxed, condi- tionally, the blockade of that port. This possession of the forts of Texas was of short duration. After a few months' occupation the military forces were with- drawn, with the exception of a detachment left at Brazos Santiago, and the duty of guarding that coast henceforth devolved upon the navy, which succeeded in capturing several confederate vessels.'* Banks' expedition having failed, so far as its ulti- mate object, the repossession of Texas, was concerned, another plan was formed for the recovery of that state by an invasion on the north-east by the line of the Red river. The first object of this enterprise, which was conducted by generals Banks and Steele, was the capture of Shreveport, and the dispersion of the confederates in that region, which, being once accomplished, would open the road into Texas. This undertaking also failed. After occupying Alexandria, on March 23d, Banks directed his march toward Shreveport. A number of battles were fought, and at Sabine Cross Roads the federals sustained a serious defeat, which their subsequent victories at Pleasant Grove and Pleasant Hill could not repair. The ad- vance of the national army was effectually checked. Banks retreated to Alexandria, and Steele to Little* Rock. In these engagements the Texans played a prominent part. At the disastrous battle of Pleas- ant HUl, Sweitzer's regiment of Texas cavalry, about 400 strong, in making a desperate charge upon the enemy's line, was almost annihilated." ''Report of sec. of the navy, Dec. 5, 1864, in Id., cong. 38, sess. 2, vi., no. 1, pp. vi.-vii. 480-7, 489-90, 498-9, 508-9; Loamng, iii. 223-4. 1' ' He was met by one of the most destructive fires known in the anuala of war. Of his regiment, not more than ten escaped death or wounds, ' An eye witness said that the federal infantry retained their fire till the cavalry were 468 PROGRESS AOT) END OP THE WAR. In September, Brownsville was captured by her old enemy, Cortina, under somewhat peculiar circum- stances. A Trench force about 5,000 strong took possession of Bagdad, at the mouth of the Rio Grande, with the object of capturing Matamoros, where Cor- tina was then in command. Brownsville was occupied by Colonel Ford with a considerable force of Texan cavalry, and Brazos Santiago was still held by the federals. On the 6th, the French force began to move up the right bank of the river, and their ad- vance became engaged with Cortina, who had marched with 3,000 Mexicans and 16 pieces of artillery from Matamoros to meet them. There seems to have been some understanding between Ford and the French commander; for during the engagement, the former appeared on the other side of the Rio Grande with a large herd of cattle for the use of the invading army, and immediately crossing the river took part in the conflict by attacking Cortina's rear. The Mexican commander, however, succeeded in both repulsing Ford and driving back the French, who retreated to Bagdad. Cortina now turned his attention to Ford. On the 9th, he passed over his whole force, with the artillery, drove the Texans from Brownsville, and took possession of the town for the United States. The federal flag was hoisted, the commander at Brazos Santiago was informed of the event, and the town placed at his disposal." Governor Murrah did not find his position a sine- cure. It was fraught with anxiety and care, trouble and annoyances, while the salary attached to it was paid in a currency which was only worth from three to four cents on the dollar. The functions of the within forty yards, and then the 14th Iowa emptied nearly every saddle as quickly as though the order had been given to dismount. Lossing, iii. 201. '' Vm de Mej., Sept. 22, 1864. The aocovmts of this afiFair are somewhat confusing, but agree in the above main particulars. It does not appear that the officer in command at Brazos Santiago sent troops to the mainland to occupy Brownsville. Nor is it likely that he could do so with his small force. HURRAH'S ADMINISTRATION. 469 three branches of government were usurped. Mili- tary orders and congressional acts set aside state laws, and denuded him of his authority as the executive. As he was a firm believer in state rights and state sovereignty, he was soon involved in a labyrinth of difficulties. In the hope that some means might be devised to mitigate financial perplexities, harmonize conflicting interests, and promote cooperation between the state and the confederacy in the protection of in- dustrial enterprises, the success of which would be of equal benefit to both, he convened the legislature to meet in extra session on May 11, 1864. From his message of that date, a clear perception of the condition of Texas can be gained. In the pre- ceding regular session, the legislature, for the purpose of sustaining the confederate currency, had made all appropriations in it, and authorized all taxes as well as state obligations to be paid therewith. The state government had discontinued the issue of treasury warrants to prevent them from being paid out in con- nection with confederate notes, and at the same de- preciated rates. But the congress of the southern states had recognized the fact that the confederate currency was almost worthless, and had provided for its withdrawal from circulation. As a large accumu- lation of the worthless paper already existed in the state treasury, the future financial policy of Texas was a question of the gravest importance. The state could not afford to hold such currency and fund it in bonds, and the possibility of its being exchanged for the new issue was a matter that demanded immediate inquiry. Moreover, a revolution had taken place in the views of the general government and of the people. Specie was being recognized as the standard by which to de- termine the value of confederate paper money. From Richmond to San Antonio, the currency was treated as depreciated in every-day transactions, and the question arose whether Texas alone should continue to receive it at par with specie. While sustaining as 470 PROGRESS AND END OF THE WAB. far as possible the confederate currency by making all reasonable sacrifices, nevertheless it was an object of the deepest importance to maintain the credit of the state. The resources and isolated position of Texas would enable her to carry a very large debt, and the preservation of her credit was important to the whole trans-Mississippi department. The regular payment of the interest on outstanding bonds ought to be made, and this could be done, provided that the state was unembarrassed, by the judicious purchase and sale of cotton. The governor suggested that the collection of taxes under the existing regulation should be arrested. They might be collected, he said, in state treasury warrants, coupons of state bonds at par, specie, and confederate currency at the market value. Treasury warrants could be substituted for the coupons as they were paid into the treasury, and provision made for funding the warrants in six per cent bonds. The fact that the coupons were received in payment of taxes would probably increase their value, and at the same time diminish the cost of their redemption in specie. The legislature, however, either through inability, or through unwillingness to recognize the depreciation of confederate currency, devised no plan of relief, and all it did was to provide for exchanging its bundles of old confederate notes for the new issue. The next matter which Governor Murrah brought under consideration was the complication which had arisen with regard to conscription. At the last ses- sion provision had been made for the organization of a state military force embracing all capable of bearing arms between the ages of eighteen and forty -five years not liable to confederate service, and also those between the ages of forty-five and fifty. This organi- zation was never completed, and became a subject of disagreement between the executive and General Magruder, the military chief in command of Texas. The time for which those already in the service had STATE TROOPS. 471 been drafted had not yet expired, and February 20, 1864, was mutually agreed upon between Murrah and Magruder as the day for the reorganization ; the gov- ernor issued, January 23d, an order continuing those troops in service, and announcing to them that Feb- ruary 20th had been appointed as the day for their reorganization. This caused great discontent, and many of them left their posts; Magruder began to act independently, in face of the governor's orders, and an effort was made to enroll into the confederate army state soldiers between eighteen and forty-five years of age whose terms of service had not yet ex- pired. The men enrolled in the state service had not been given to understand that, when their term expired, they were liable to conscription into the con- federate army, and were consequently refractory. However, the governor and general came to an ar- rangement by which it was agreed that all state troops should be permitted at their option to form new or- ganizations to serve for the war in the confederate army, and elect their own officers, or join existing organizations in that service; and that all who did not join either should be reorganized on February 20th as state troops, under the late state law. An order to this effect was issued February 4th, with the noti- fication that all men liable to conscription would be allowed to remain in the state troops for the period of six months, at the expiration of which they would be transferred to the confederate service. This difficulty was thus satisfactorily overcome; the state troops and conscripts rendezvoused at the headquarters of the respective military districts, and the reorganization of the companies was effected. But in the mean time, another and far more serious matter of dispute arose. The confederate congress had re- cently passed a new and sweeping act of conscription, and on its publication in Houston, about the middle of March, General Magruder refused to receive the newly organized state troops as state troops, although 472 PROGRESS AND END OF THE WAR. tendered to him, expressing his determination to rely solely upon the congressional law for troops. It will be observed that the position assumed by Magruder involved the assumption that the laws of congress annulled state laws, and that confederate military officers had authority to break up an organization formed under an enactment of the legislature. Gov- ernor Murrah opposed any such views, and insisted that the Texans should go to the field as state troops until the legislature should meet and dispose of the embarrassing question. Magruder, however, was unyielding, and the governor considered himself under the necessity of disbanding the state troops, and by proclamation of April 12th called upon all those liable to conscription under the recent act of congress to volunteer, and organize in conformity with the con- federate law, but as to ordering them to do so, he had, as he said, no authority. Thus, the state was without any military force, and this at a time when the enemy was threatening Texas on the north and northeastern frontier; the coast defenders had been mostly with- drawn to meet the foe in Louisiana ; in no county was there a sufficient police force that could efficiently con- trol the slave population, and prevent them from be- ing tampered with, while in many portions of the country murders, robberies, and outrages were being daily committed. Under these circumstances, the governor was of opinion that minute companies should be thoroughly organized in the counties of all men between the ages of fifty and sixty j^ears, and those exempt from service under the laws of the confederate congress. This system would supply an efficient po- lice force, strengthen the local organization for the defence of the state, and retain a reserve of laborers that could give time and attention to domestic in- terests. The governor then calls attention to the " fearful demoralization and crimes prevailing thioughout the state." The picture which he draws of the social con- SOCIAL CONDITION. 473 dition of Texas during this period is truly frightful. Let his own words speak: "In some sections, society- is almost disorganized ; the voice of the law is hushed, and its authority seldom asserted. It is a dead letter — an unhonored thing upon the unread pages of the statutes. Murder, robbery, theft, outrages of every kind against property, against human life, against everything sacred to a civilized people, are frequent and general. Whole communities are under a reign of terror, and they utter their dreadful apprehensions and their agonizing cries of distress in vain. The rule of the mob, the bandit, of unbridled passions, rides over the solemn ordinances of the government. Foul crime is committed, and the criminal, steeped in guilt, and branded by his own dark deeds with eternal in- famy, goes unwhipped of justice. Not even a warrant is issued for him — no effort made by the sworn offi- cers of the law, or by the community, to bring him to punishment. Too often the deed is excused; the community is divided in opinion as to the guilt, and the criminal is screened from justice, unless his offend- ing chances to touch some particular influence or pre- vailing notions, and then, without trial, and without the forms of law, he is hung by a mob." " This really worthy governor then remarks that the law was not at fault, and that if the officers and people would earnestly cooperate to root out these evils, the law would again become the "harmony of society, and se- cure it against this fearful confusion, and these fearful dangers." He exhorts the . judiciary and all other officers to faithfully discharge their duties, and boldly declares that the severest penalties should be provided for the civil officer who neglected his sworn obligations. In spite of this lamentable condition of Texas in a social point of view, her industrial prospects were far from unfavorable. Numbers of refugees from Louisi- ana, Arkansas, and Missouri, after the abolition of ''^ Message of Gov. P. Murrah to the extra session, May 11, 1864, no. 2, p. 14, in Tex. Col. Doc, no, 2, 474 PROGRESS AND END OF THE WAR. slavery, sought an asylum in Texas, which that law failed to reach, bringing with them their slaves. The consequence was that the year 1863 was marked by an unprecedented production of cotton and corn. Looms were supplied in ample abundance, great quantities of cloth were manufactured, and industrial enterprises undertaken on an extensive scale. Capital was employed by associations and chartered companies for the manufacture of iron and other articles for home consumption and the use of the army, and machinery for manufacturing purposes were introduced. But the producers were called upon to make sacrifices so great that their patience became exhausted. The demand for cotton, both by confederate officers and the state military board, was imperative, and the planter was called upon to sell one half of his staple for state bonds bearing seven per centum interest. Means of transportation to the Rio Grande were scarce and ex- pensive, and it was generally conceded that the cost of transferring cotton thither from any distance in the interior was equal to one half of its value, losses and wastage being considered. ^^ Moreover, serious embar- rassments occurred between the confederate and state authorities, and cotton transported under the state regulations was interfered with on the Rio Grande. Horses and mules were impressed for the use of the army, and all surplus corn was appropriated. A gloomy sentiment began to prevail. Many terrible battles had been fought, and it was felt that the end was drawing near. The latter part of 1864 was disastrous to the con- federate arms, and during the first six months of the following year the catastrophe came. After the sur- render of generals Lee, Johnston, and Taylor, in ^2 The system adopted by Gov. Murrah was as follows: The vendor trans- ported his cotton to tlie Rio Grande at his own expense and risk. One half of it he retained for his own use, and for the other half he received state bonds at its specie value. He had, moreover, to pay the tithe imposed by the confederate congress, and the export duty. Qmi. Murrdlis Mes 16 no 2, in Tex. Col. Doc, no. 2. ' THE LAST SHOT. 475 April and early in May, a battle was fought in Texas, where the struggle was still prolonged. General Kirby Smith addressed, April 21, a proclamation to his soldiers. "You possess the means," he said, "of long resistance. Protract the struggle, and you will surely receive the aid of nations who already deeply sympathize with you." In Texas public meetings were held and resolutions adopted to continue the war. A large federal force was set in motion against Texas under Sheridan; but on May 26th Kirby Smith surrendered his command to General Canby, before the unionists had reached their destination." Meantime on May 13th, the engagement above alluded to, the last in the war, was fought near the old battle-field of Palo Alto, the scene of Taylor's vic- tory over Arista. The confederates were stationed at Palmetto, and Colonel Theodore H. Barrett who was in command at Brazos Santiago, sent on the 11th 300 men under Lieutenant-Coloael Bronson to attack them. Early in the morning of the 12th Bronson assaulted the enemy's camp, drove him from it, and captured a number of horses and cattle. He then fell back, and on the 13th was joined by Lieu- tenant-colonel Morrison with 200 men. The confed- erates had again assembled at Palmetto rancho in force, and were commanded by General J. E. Slaugh- ter. Colonel Barrett now took command of the fed- eral force in person, and advanced against the foe, who was again driven from his position. About four o'clock in the afternoon, however, the federals were assailed in front by a strong body of infantry with six 12-pounders, while a squadron of cavalry suc- ceeded, under cover of the chaparral, in flanking them. Barrett's position was critical, and retreat was his only alternative. For three hours a running fight was maintained without the confederates being able to break the federal line, and at sunset they retired." 22 Report of the see. of war, in Mess, and Doc, Abridrj., cong. 39, sess. 1, 702-3. Generals Magruder and Smith surrendered formally the Trans- Mississippi department on May 6th. Thrall, 407. 476 PROGRESS AND END OF THE WAR. The last shot in the great civil war had been fired. ^* Col Barrett reported his loss in this expedition to be four officers and 111 men in killed, wounded, and missing. Loeaing, iii. i79-80. The reader will find in the following a more extended list of authorities consulted. Those having an official character are: V. S. Laws; U. S. Stai- ■utea; Cong. Globe.; Sen. Ex. Docs.; Sen. Jour.; Sen. Miscel. Docs.; H. Jour.; H. Ex. Docs.; H. Miscel. Docs.; H. Com. Rep.; Census Reps.; Mesa, and Docs.; Acts and Res.; Ind. Affair Rep.; Sec. Int. Repa.; Charters and Constitutions; Sec. War Reps.; to the indices of which reference is made for Texan afiairs during the period. Texas state documents are State Gaz.; Legial. Jour's.; Houston' a Mess, cm S. C. Resolutions; Id., on Secession; Mess. Govs.; Tax Laws, Constituiion; Comptroller's Repa.; Penal Code; Land Office Reps; Adjt-Gen. Reps.; Code Crim. Proced.; Rep. Com. Pvh. Safety; Tex. vs Maney, 92 pp.; Tex. vs Cooper, 190 pp.; Tex. vs Newcomb, 102 pp.; Tex. vs Scott, 179pp.; Houston City Charter, 1871, 140 pp.; Tlirochnorton's Final Rep.; Galveston; Act to Incorp., 1876, 44 pp. The following are works of a non-official char- acter. Cdrdova's Tex., passim; JenJdn's Mex. War; Id., Life of Polk, 263-386; Tex. Almanac, 1857-61, 1868, see indices; Kennedy's Tex.; Lossing's Civ. War, i. 62-273; iii. 221-i, 251-69, 579-80; Ilouaton's Tex., i. 255-314; ii. 88-258; Id., Life of, 17-402; HoUey's Tex., 125-50; U. S. Repmb., 62-269; Peterson's Mil. Heroes, ii. 29-80; Henry's Campaign Sketches, 75-115; Murray's Hist. U. S., 468-99; Momtgomery'a Life of Taylor, 60-373; Olmstead's Joramey, 42, 463-516; Pattmi's Hist. U. 8., 691-704, P(yrter'a Reio. of Mex. War, 52-79; Ramsey' a Other Side, 24r-57; Morji's Hist. Tex., passim; ThraXCs Tex., passim; Ripley's War Mex., 16-29, 100-2; Taylor and lus Staff, 23-36; Furber's Volun- teers, 120-87, 241-6; Jones' Repub. of Mex., 23-648; Willson's Amer. Hist, 619-68, Miallard's Tex., passim; Harrison's Battle Fields, 339-46; Imermore's War with Mex., 187-200; Prairiedom, 19-166; Tliorpe's Army on Rio Grande, 73-111; Mayer's Mex. A'a., i. 330-9; Id., Mex. War, 87-149; Niles' Reg., see indices during the period; Harper's Monthly Mag., xxvi., 557; xxxii., 630-5; Jay's Mex. War, 121^3; Linn!s Reminis., 348-54; MtCatts Letters, 429-56; Mansfield's Mex. War, 19-43; Hunt's Address to the Petyple of Tex., 1-83; Id., Merch. Mag., vols. xix. toxl., see indices; Putnam's Mag., iii. 170-80, 252-60, 365-78; Bustamante, Mem. Hiat. Mex., MS., iv. 200-51; v. 64-5; Lond. Geoj. Soc. Jour., xiii. 199-226; Moore's Descrip. Tex., 8-14, 38-41; Toung's Hist. Mex., 289-91, 341-58, 380, 436; Taylor's Rough and Ready Aim., 7-20; Cuba, Battles of, 17-30; Domenech'a Miss. Advent., 8-243; Id., Hiat. du Mex., 207-10; DistumelVs U. S. Reg., 1861-2, 61-4, 83; De Bow's Rev., xiiL 53-6; xvi. 473-6; xvii. 168-9; xix. 157-8, 201-5, 578-87; NoHh'a Five Yeara in Tex., 92-154; Cremony's Life among Apaches, 13-34; Kendall's Narr. of Tex. and Santa F^ Exped., i. 13-173; Dewees' Letters from Tex., 148-52, 247-51, 298- 303; Edward's Tex., 41-53; Foumel, Comp. D'Oeil, 23-57; Dodge's Plains Gt West, 48-52, 131, 152, 391^, 403-4; Hmoard's Speech U. S. H. Rep., Jime 11, 1850; Fry's lAfe of Taylor, 97-195; McCabe's Comp. View, 158-9, 763; D'Orbigny, Hist. Gen. des Voy., iii. 358-62; Mason's Speech U. S. Sen., May 27, 1850; Fisher and Colby's Amer. State Annual, 1S54, 394-9; Lester's Hous- ton and his Repub., 155-85; Gouge's Fiscal Hist. Tex., passim: Frost's Mex. War, 10-24, 51^; Id., Pict. Hist. Mex., 194^253, 467; Guei-ra entre Mex. y Estad. Unid., 31-46; Tejas Diet, de la Comis.; Cutt's Conquest Cal. andN. ilex.; Democratic Rev., xvi. 419-28; Grafton's Civ. Amer., ii. 269-78; Pnrier'a Notes; Semmes' Service Afloat, 62-74; Ross' Tex. Brigade, Louisville, 1881, 185 pp.; Rodenbough's 2d Dragoons, 102-13, 514^16; Graliam's Mag., xlvii., 369-70; xlviii. 174; Gallatin's Peace vMh Mex., 15-23; Barby, Tex., 10-13; Freeman's Speech in Cong., Aug. 13, 1850; Robertson's Reminis. Camp in Mex., 49-55; Pap. Var., 99, no. 2, 20; 106, no. 7; 107, no. 2, 10; 167, no. 10; 173, no. 19; Filisola, Rep. al Sup. Gob., no. iii., 16-21; Id., Hist. Gueri-a Tex., ii. 232-9; Thompson's Recol. Mex., 70-3; Froebel's Cent. Amer., 424^7, 442-50; Mosquito Kiiste und Tex., 39-65; Monette's Val. of tlie Miss., ii. 579-95; Tex. Bus. AUTHORITIES. 477 Direc., 1878-9, 279-89; Tex. UU. Oomunic., 3-22; BonneWs Top. Descrip. Tex., 7-122; Husk's Speech, 1-14; Rivera, Hist. Jalapa, iii. 515-16; Bv/rhe's Tex. Aim., 1878, 1882, 154; Smith, Notice swr la Oeog. du Tex., Paris, 24 pp.; Peeler and Maxey Hist. Mercer Colony, 104-6; Pena y Pena, Comunic. Gust. Tex., 44 pp.; Meoc' War; Complete Hist., 19-27; Mission. Life in tJie 19th Cen- tury, 208-16 ; Corbett's Leg. Manual, 282; Oleason's Hist. Calh. Churcli, ii. 158; Benton's Deb. in Cong., xvi. 590; Marcy's Army Life, 170; McCkan's Speech in Cong., June 5, 1850; MoUiausen, Tagelmch, 104-71; Hanford's Tex., State Reg., 1876-9, see indices; Rocks' S. W. Tex., 21-37, 242, 249, 260-1; Sleeper and Hutchins' Waco, Waco, 1876, 171, pp.; Merrick and Duramt's Mem., Austin, 1879, 57 pp.; Mercantile Agency An., 1871, 136-7; Tex. and Iter Capo- bilities, 15-16; Maxey's Speech Ind. Affairs, Wash. 1876, 15 pp. Numerous Mexican and American newspapers have been examined. CHAPTER XVIII. THE RECONSTRUCTION PERIOD. 1865-1870. GoTEBNOE Hamilton — The Question of Freedmen s Rights — IiAwlessness IN Texas — Emancipation of Slavekt Declared in Texas — Its Effect — The State Convention — Throckmorton Elected Govbrnok — ^A Bold Message — Laws Passed by the Legislature — Discord between President Johnson and Congress — A Rigorous Act — Texas uxder Military Rule — Judicial Districts — ^Throckmorton's Difficulties AND Removal — His Views on the Position — Pease Appointed Gov- BENOR — Changes of Military Commanders — Registration Questions — The Reconstruction Convention — Disagreements — The General Election — Amended CoNSTrruTioN Ratified — ^Doings of the Legis- lature. After the formal surrender of Smith and Magruder, Governor Murrah retired to Mexico, and on Jime 19 1865, General Granger, of the United States army, assumed temporary command. On the l7th of that month President Johnson, in pursuance of his plan of reconstruction, appointed Andrew J. Hamilton ' pro- visional governor of Texas. As a preliminary step to the reorganization of the subdued states, the president had removed, on April 29th, certain commercial re- strictions, and on May 29th issued a proclamation granting an amnesty, with certain exceptions, to persons who had been engaged in the rebellion, on condition of their taking an oath of allegiance. The provisional governor arrived at Galveston at the end of July. He was clothed with the power to 1 Hamilton was a native of Alabama, and came to Texas in 1846. Was attorney-general in 1849, and later a member of the state legislature. In 1859 he was elected to congress, where he opposed secession. Dnring the war he left Texas. He died at Austin in April 1875. Thrall, 549-50. (47S) PROVISIONAL GOVERNOR. 479 reorganize the state government, assemble a conven- tion of citizens who had taken the amnesty oath, and provide for the election of representatives to the na- tional congress. Accordingly boards of registration were established in the different counties, with au- thority to administer the oath, and register all persons who, from their loyalty to the United States, would be allowed to vote. State, district, and county officers were appointed, and under the circumstances. Governor Hamilton gave general satisfaction. But confederate principles and hopes were as yet far from dead in Texas, and the anti-union portion of the com- munity began to grow anxious as they watched the action of the president. It was soon feared that Hamilton was more an agent of Johnson than the real governor of Texas, and that the easy manner in which confederates, known to be still hostile to the union, were registered as voters, would enable such to control the state. The all-absorbing question was the future condition of the freedmen. Were they to enjoy the rights of citizenship, and the elective franchise, or to be re- garded merely as aliens? On January 31, 1865, the house of representatives had adopted the thirteenth amendment of the national constitution," which had already passed the senate during the preceding ses- sion, and there was no doubt that future legislation would be directed toward securing to the freedmen all the rights of citizenship. President Johnson displayed a leniency toward the subdued confederates, and an attitude that could only be regarded as friendly to them by the clear-sighted observer. Profuse with his pardons,' many promi- ^The following is a copy of the amendment: Section 1. Neither slavery nor involuntary servitude, except as a pun- ishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appro- priate legislation. ' During the years 1865 and 1866 pardons were extended to over 600 Texans included in the classes of exemption under the amnesty proclama- tion. H, Com. Bept, cong. 40, sess. 1, no. 7, 1029-43. 480 THE RECONSTRUCTION PERIOD. nent and influential secessionists were placed in the same rank with unionists ; and he showed an inclina- tion hastily to secure the return of the revolted states into the union, before any further provision in favor of the freedmen's franchise could be made, in order that their pressure might be felt in congress. With regard to the unionists in Texas they were placed in a peculiar position. After the confederate troops were disbanded, the men with union sympa- thies were looked upon as traitors to their country, and many outrages were committed by disbanded soldiers and banditti. Toward the union troops quartered in the towns an intense hatred was felt by most of the citizens. The military force which occupied Texas was not adequate to suppress the lawlessness which prevailed in many parts of the country, and it was only in the vicinity of the garrisoned towns and posts that security of person and property was sustained. In the courts justice was warped to favor those who had fought for home and country in the south.* At the beginning of the war there were about 275,000 slaves in Texas, and during its progress about 125,000 were sent thither from the southern states in order to secure them from the federal forces. Thus at the close of the war there was a slave popu- lation of 400,000 in the country, distributed for the most part on the plantations situated on the Sabine, Neches, Trinity, Brazos, and Colorado rivers. As soon as General Granger took military possession of Texas he proclaimed the emancipation of the slaves, and at once a great surging movement of the hitherto servile population took place. The negroes could not fully realize that they possessed their freedom with- out practical proof that such was the case. They *Gen. Custer testified, March 10, 18G6, before the ' Reconstmction Com- mittee, ' thus : ' Since the establishment of the provisional government in Texas the grand juries throughout the state have found upwards of 500 indict- ments for murder against disloyal men, and yet not in a single case has there been a conviction.' Report Joint Co.n. Becons., cong. 39, sess. 1, pt iv. 75. FREEDMEN. 481 left the plantations on which they had toiled so long^ and roamed in crowds from place to place in asser- tion of their new right; they flocked to the freed- men's bureau * for registration ; and a tide of black men who had been brought into Texas during the war, set in toward Louisiana in search of their old liomes to which they were anxious to return. Dur- ing their journey they met with much suffering. A deep bitterness was entertained toward them by their former masters, who tried to constrain them to remain on the plantations, and numbers of them were killed.'' Nevertheless, when the excitement subsided, they returned to work, and by the beginning of 1866 it be- gan to be seen that free labor would soon prove a success in Texas. The plantation owners were com- pelled to yield to necessity, and offered them terms which promised to ensure steady labor.' As regards the disposition of Texas toward the union, it is safe to say that the feeling was less bitter here than in any other part of the confederacy. A large portion of the population, whose voices had been hushed during the long struggle, were still union- ists at heart; the German inhabitants, estimated at 40,000, had ever been for the union, and no small proportion of the secessionists themselves, having fought the fight and lost, were ready to accept their defeat and the new order of things. The refractory * An act establishing a bureau, in the war department, for the relief of freedmen and refugees was approved March 3, 1865. Gong. Globe, 1864^5, ap. 141. Branches of this department were established in Austin and other places in Texas, as elsewhere in the other southern states. On the same day an act to incorporate the Freedmen 's Savings and Trust Company was approved. 'Gov. Hamilton stated that he had information of the dead bodies of freedmen being found here and there throughout the state — some in the creeks, others floating down streams, others by the roads — amounting in all to about 260 up to the middle of Jan. 1866. Testimony of John T. Allen, in BepoH, lit sup., ptiv., 88. ' Wages $20 a month, or § the cotton or J the corn crops. G. W. Little- field, a resident of Austin, and a cotton grower under both the slave and free systems of labor, says: 'After the war closed we used the same labor on the plantations by paying a percentage of the crop raised. Under good management at that time we calculated to make from J to 4 bale of cottoiiu per acre. Remarks, Cattle and Agric., MS., 1-2. Hist. Mex. Statks, Vol. II. 31. 482 THE RECONSTRUCTION PERIOD. spirit manifested during the days which succeeded the occupation of Texas by the victors was due, in a great measure, to the fact that her territory had never been made the seat of war. The people could not brook the restraint which was now imposed upon them ; while it must be admitted that the conduct of the federal officers in the discharge of their duties, especially in the treasury department, afforded just grounds for irritation and complaint/ On January 8, 1866, an election was held for dele- gates to a state convention to form a new constitution. There was no excitement, and little interest was shown. Governor Hamilton in his message to the convention, which met on February 10th, declared that the apathy of the people filled him with deep concern, and stated that there was reason to believe that less than half the voters had participated in the recent election. Having elected J. W. Throckmorton president, and W. L. Chalmers secretary, the convention proceeded with its labors, and the new constitution was com- pleted by April. In it every measure that was de- manded as a prerequisite for readmission into the union was adopted. The abolition of slavery was recognized,' and freedmen were allowed the right to make contracts ; to sue in the courts ; to acquire and ^ It was a common practice of the agents of the treasury ilepartment to seize cotton on the pretext that it belonged to the late conf-!!' ate states; to refuse to -give the party who owned the cotton a paper ^jignating the weights of the bales, and subsequently return the claimant the same num- ber of bales taken from him after abstracting a portion of the cotton. In other cases permits to ship cotton were not respected, and bribes exacted before it was allowed to be shipped. Again, permits were often refused, and persons employed to purchase the cotton at reduced prices. Such con- duct afforded a pretext for sedition and turbulence. Testimony of T. J. Mackay, May 18, 1866, in Id., 157. " 'Art. Vin. African slavery, as it heretofore existed, having been ter- minated within this state by the gov. of the U. S. by force of arms, and its reestablishment being prohibited by the amendment to tlie constitution of the U. S., it is declared that neither slavery nor involuntary servitude, ex- cept as a punishment for crime whereof the party shall have been duly con- victed shall exist in this state. ' Copy of the amended constitution will be found in U. S. charters and constitutions ii., 1784-1801. CxOVERNOR THROCKMORTON. 483 transmit property; and to testify as witnesses in civil and criminal cases. The convention, moreover, passed ordinances declaring the act of secession null; repu- diating the war debt of the rebellion; proclaiming the permanency of the union, and the supremacy of the laws of the United States; and assuming the direct tax levied upon the state by the United States. " The amended constitution was submitted to the people and ratified June 25th." On the same day the general election was held, and J. W. Throckmorton" was chosen governor and G. W. Jones, lieutenant- governor." On August 18th, Governor Throckmorton, having been duly inaugurated, sent in his first regular mes- sage. After alluding to the outrages perpetrated by lawless characters following the disbandment of the confederate army, and congratulating the country upon their end, he supplies the legislature with a financial statement of the condition of the treasury, the available funds in which amounted to $90,028, of which f 3 1,399 were in specie, and the balance in United States currency. He then calls attention to '" During Hamilton's administration a tax of 12^ ots on the $100 was col- lected. Thrall, 411. '•For the amendments 28,119 votes were cast, and 23,400 against them. Tex. Aim., 1867, 262. ^'^ Throckmorton was bom in Tenn. in 1825, and migrated to Texas in 1841 with his father's family; was in the legislature from 1851 to 1856 when he was elected to the senate where he remained till 1861. He was a mem- ber of the secession convention, and was one of the seven who voted against secession. He was true to Texas, however, when the die was cast, and rais- ing a company joined the confederate army. Hu took part in the battle of Elk Horn, and afterward served under General Dick Taylor. In 1864 (Jov. Murrah assigned to him, with the rank of brig. -gen., the command of the northern frontier. In 1865, Gen. Kirby Smith appoiated him general Indian agent, and he made a treaty with numerous tribes very favorable to Texas. In 1866 he was elected a member of the first reconstruction convention, and chosen president of that body. Thrall, 625-6. "For gov., Throckmorton obtained 48,631 votes against 12,051 cast for E. M. Pease. S. Crosby was elected commissioner of the general land office; W. L. Robards, comptroller; and M. H. Royston, treasurer. The votes cast for amendments to state constitution were 28, 1 19 and against them 20,400. Tex. Aim., 1867, 278. The white population of Texas at this time was probably about the same in number as in 1860, which according to the census was 420,890. Estimating the number of voters at one-fifth of the population it will be noticed how many absented themselves from the polls. 484 THE RECONSTRUCTION PERIOD. the alarming loss of life, which had occurred within the last three months, along the entire frontier line, owing to inroads made by the Indians, and to the fact that a considerable number of children had been car- ried into captivity. The legislature, he urges, should appropriate a sum of money for the redemption of these captives, and devise some means for the pro- tection of the frontier, in the event of a failure to get the necessary assistance from the United States government. In order to ensure a future supply of labor on which the prosperity of the country depended, he recommended that laws should be passed, carrying out the objects of the ordinance "authorizing the ap- pointment of a commissioner of statistics, for the promotion of immigration." With regard to the freed blacks, he remarked that every effort should be made to impress upon them that their labor was de- sirable ; and that laws should be passed carrying out the intention of the eighth article of the constitu- tion, in securing to them protection of person and property. He adds: "It is desirable that aU military force, and the agents of the freedmen's bureau should be withdrawn from the interior of the state. The most certain way to effect this object will be the en- actment of just laws for the protection of the blacks, and their rigid enforcement." But considering the position of affairs, no part of the message is more striking and pregnant with future trouble than that which touches upon the amend- ]nents to the constitution of the United States. Sub- mitting a copy of the joint resolution of congress, proposing to the several states a thirteenth article to the federal constitution,'* the governor remarked that the article, having been already ratified by the requi- site number^ — three fourths — of states, had become a law of the land, and being no longer an open ques- tion, he did not consider it necessary that the legisla- " Abolishing slavery. See note 2 this chapter. THE THIRD SECTION. 485 ture should take any action upon the matter. He also enclosed an attested copy of a resolution of congress, proposing to the legislatures of the several states a fourteenth article to the constitution, deeply affecting the status of the late seceders. With re- gard to this amendment he does not hesitate to ex- press his unqualified disapproval, it being, in his opinion, unwise and unjust. " To say nothing of its harshness," he continues, "the effect of the adoption of the third section ''^ of the article will be to deprive the state, for nearly a quarter of a century, of the services of her ablest and best men; at a time and amidst circumstances which render these services more important than at any period of her history. I recommend the unqualified rejection of the proposed fourteenth article." The legislature acted on Throckmorton's suggestion, having submitted the separate questions to special committees, which endorsed his opinions. The first named amendment was respectfully returned to the secretary of state, without any action being taken upon it, and the fourteenth amendment was rejected by a vote of 67 nays against five yeas. Numerous laws for the internal improvement of the state were passed at this session, which continued dur- ing the months of August, September, October, and November. For the protection of the frontier, an act was passed providing for three battalions of Texan Rangers, eacli consisting of five companies, each 100 strong. County courts were organized, and the sala- ries of the judges and officials connected with them assigned. A general apprentice law provided that •^ It is as follows: ' Sec. 3. No person shall be a senator or representative ill congress, or elector of president or vice-president, or hold any oflftce, civil or military, under the U. S., or under any state, who, having previously taken an oath as a member of congress, or as an officer of the U. S., or as a member of any state legislature, or as an executive or judicial officer of any state, to support the constitution of the IT. S., shall have engaged in insur- rection or rebellion against the same, or given aid or comfort to the enemies thereof. But congress may, by a vote of two thirds of each house, remove such disability. '"Copy of Gov, Throckmorton's message in no. 3 of Tex, Col. Doc, no. 2. rt86 THE RECONSTRUCTION PERIOD. minors could be bound as apprentices witli the con- sent of the parents or guardians, or without their consent if the minor agreed in open court to be so bound. Another enactment granted a lien on crops and stock for advances made to assist in producing the crop. Other laws provided regulations with regard to labor contracts, and for the punishment of persons tampering with laborers or apprentices, or enticing them away from work. Income, salary, and license taxes were established, and the rates defined. Va- grancy was defined," and punishment proscribed. An act, called the Stay Law, was passed, regulating the collection of debts, '^ and another regulating the duties of assessors and collectors. The judicial districts were changed, and the number of them, which had previ- ously been twenty, was reduced to fifteen." Provision was made for the education of indigent white children ; fines were imposed upon any person laboring or hiring others to work on the sabbath, engaging in horse- racing or games, selling spirituous liquors, gambling, hunting game, or carrying on trade on that day. Nor did the legislature fail to adopt such measures as were deemed conducive to the progress of the country. Skilled labor and capital were invited into the country ; acts were passed for the benefit of exist- 1' Under this head the act ranked fortune-tellers, exhibitors of tricks in public without license, prostitutes, professional gamblers, beggars not afflicted by physical malady, drunkards who did not support their families, and per- sons strolling about without employment. The laws of the 11th legislature, in a condensed form, will be found in Tex. Aim., 1867, 244-71. '8 This act provided that on all judgments rendered prior to Jan. I, 1867, the debtor should have 12 months thereafter within which to pay the plaintiff one fourth part of the judgment and costs. If within that time the debtor paid the amount specified, then he should have 24 months from Jan. 1, 1867, within which to pay one third of the remainder; and so on, by similar instal- ments and extensions of time, till the whole debt was paid. "The judicial districts were reorganized for the express purpose of legis- lating out of office judges who were stanch unionists. Ashbel Smith of Houston, one of the leading men of the house, as well as other speakers, stated that the districts had been so reorganized as to legislate out of office Stribling and Bacon, whom he denounced as radicals, and regret was erpressed that the districts could not be so arranged as to exclude Judge Noonan. AH three were union men. U. S. H. Ex. Doc, cong. 4, sess. 1, no. 20, 90-2, where will be found a list of the judges, and the judicial districts as they stood before the passage of this act. ATTITUDE OF THE PRESIDENT. 487 ing railroad companies, granting extensions of time to complete their contracts, and sections of land to assist them in their undertakings; and other companies, engaged in a variety of enterprises, were incorporated." In relation to the United States troops stationed in Texas, a joint resolution set forth that their pres- ence was not only unnecessary, but the source of much evil," and as the people of Texas had returned to their allegiance, the governor was requested to use all proper means to obtain the removal of said troops from the towns to the frontier, for the protection of which they were greatly needed. Under the plan pursued by President Johnson, state governments had now been established in all the confederate states. But congress was not in accord with the president. The former considered that as those governments had been set up without its au- thority, they had no constitutional validity; they were under the control, it was maintained, of unre- pentant leaders of the secession, and afforded no ade- quate protection for life or property. On March 2, 1867, an "act to provide for the more efficient gov- ernment of the rebel states," was passed by congress over the veto of the president. By this act the ten ^' Among which may be mentioned the Houston and Harrisburg Turnpike CO., capital stock $500,000; the Eureka T lanufacturiagco. , for the manufac- ture of cucton and wool, capital «tock, $250,000; the Houston Direct Navi- gation co., capital 0150,000, witha lihorityto increase the stock to U, 000,000; and the Texas Land, Labor, and Immigration co., capital stock ^1,000,000. Id., 264r-T. No less than ]' I acts of incoiTorcition w-ie passed, of which 30 were of manufacturing companies, 17 cf ra.iroad companies, 16 of cities, 16 of academies, colleges, etc., Vl of club^, literary societies, etc., and 70 of companies for insurance, building canals, bridges, and wharves, navigation, deepening channels, gas, cotton-presses, telegraphs, and including about 20 petroleum companies. Tex. Aim., 1GC7, 271. ^^ lU feeling continued between the U. S. troops and the inhabitants, the former on many occasions conducting themselves in an overbearing manner. On the evening of Sept. 7, 1866, owing to trouble caused by some drunken soldiers, a scrimmage took place between them and the citizens of Brenham, in which two of the former were wounded by pistol-shots. At a later hour, a number of soldiers entered the town, and set fire to the store of one of the merchants. The conflagration spread, and a portion of the town was reduced to ashes. The losses incurred amounted to $131,026. U. S. II. Ex. Doc., oong. 41, sess. 3, xii. no. 145. 488 THE RECONSTRUCTION PERIOD. states were divided into five military districts,'' and made subject to the military authority of the United States. The power with which the commander of each district was vested was extremely ample — so much so that the president in his veto, classified it as that of an absolute monarch." He could organize military tribunals to try offenders, and all interference of state authority was pronounced null and void. In all re- spects the act was severely stringent. It was declared that no state under the ban would be entitled to rep- resentation in congress, until it had formed a consti- tution of government in conformity with the consti- tution of the United States, framed by a convention of delegates elected by citizens of whatever race, color, or previous condition, except such as were disfranchised for participation in the late rebellion. Such constitu- tion was to provide that the elective franchise should be enjoyed hj all persons, irrespective of race or color. It was made compulsory for a state, by a vote of its legislature elected under that constitution, to adopt the amendment to the constitution of the United States, known as article fourteen; and until the people of the rebellious states were admitted to repre- sentation in congress, any civil government would be deemed provisional only, and subject to the paramount authority of the United States at any time to abolish, modify, control, or supersede it. General Sheridan was appointed to the command of the fifth district, and before long over 4,000 soldiers Avere distributed in the towns and military posts of Texas," under General Griffin, with headquarters at Galveston, to whom the reorganization of the state was entrusted. 22 Virginia constituted the first district; N. Carolina and S. Carolina the second; Georgia, Alabama, and Florida, the third; Mississippi and Arkansas, tho fourth; and Louisiana and Texas the fifth district. Copy of the act in U. S. Acts and Besol, ]8(itj-1867, 60-2. 2S A copy of the veto will be found in Cong. Globe, 1866-67, pt 3, 1969--72. " The different places and number of troops stationed at each will be found in U. S. Report Sec. War, i. 470-2; cong. 40, sess. 1. GOVERNOR AND GENERAL. 489 In view of Governor Throckmorton's expectations, as indicated in his message, and the action taken by the legislature, this change in affairs was bitterly un- palatable, more humiliating in some respects than the war itself. Nevertheless, he hastened to assure General Sheridan, by date of March 30, 1867, that though the people, with very little division of senti- ment, regarded the terms imposed upon them as onerous and oppressive, they were yet determined to abide by the laws and comply with them. At the same time he expressed his intention to lend a prompt assistance, when in his power, to carry into effect the prerequisites for representation, and advise the people to participate in the reorganization with good feeling." But Throckmorton was a marked man. As early as March 28th Griffin advised his removal. "I cannot," he said, "find an officer holding position under the state laws, whose antecedents will justify me in re- posing trust in him in assisting in the registration." He states that he had again and again called the notice of the governor to outrages perpetrated on union men, but knew of no instance in which the of- fender had been punished. At a later date he explains that efforts were made to exclude union men from the jury boxes, to prevent which he issued a circular order, prescribing a form of oath, which virtually ex- cluded every person that had been connected with the confederacy, from serving as a juror." Much dissatisfaction and injustice being caused by the late act of the legislature, reducing the judicial districts from twenty in number to fifteen, whereby justice could not be properly and promptly adminis- tered, an order was issued reestablishing tliem as 2* See his letter to Gen. Sheridan in his Final Report, no. 11, p. 71-2, in Tex. Col. Doc, no. 2. ^^Copy of the order in U. S. H. Ex. Doc., cong 40, sess. 1, no. 20, 73-4. This circular order, no. 13, was seized upon by some state officials, who at- tempted to make it appear that the courts were closed by the enforcement of it. The form of oath prescribed was that of 1862 copy of which is given elsewhere- 490 THK KEOONSTKUCTION PERIOD. they existed before the passage of the objectionable ordinance." Governor Throckmorton complains to General Griffin, April 5th, that certain papers were "filled with columns of abuse of himself and other officers," and states that, though he did not feel called upon to reply to those slanderous attacks, he would be grati- fied to exhibit all his official acts to the authorities of the general government. But differences arose be- tween the governor and the military commander at every move. Nevertheless it is evident that the former was really desirous of adjusting himself and the state to the new system of reconstruction adopted by congress in opposition to President Johnson's views. '* The important question of registration, the appoint- ment of registrars,'''' the election of judges and high -' The districts were as follow: District No. 1, Fayette, Colorado, Whar- ton, Fort Bend, Brazoria, Matagorda, and Austin; No. 2, Travis, Hays, Guadalupe, Caldwell, and Bastrop; No. 3, Washington, Brazos, Burleson, and Milam; No. 4, Comal, Kendall, Kerr, Blanco, Gillespie, and Bexar; No. 5, Newton, Jasper, Sabine, Shelby, San Augustine, and Nacogdoches; No. 6, Wood, Upsher, Harrison, Panola, and Rusk; No. 7, Walker, Grimes, Harris, Montgomery, and Galveston; No. 8, Red River, Bowie, Davis, Titus, Hop- kins, Marion, and Lamar; No. 9, Houston, Cherokee, AJnderson, Smith; No. 10, Victoria, Jackson, La Vaca, Dewitt, Gonzales, Calhoun; No. 11, Presidio, El Paso, and Worth; No. 12, Cameron, Hidalgo, Starr, Zapata, Webb, Kenney; No. 13, Madison, Robertson, Falls, Limestone, Hill, Freestone, Leon, and Navarro; No. 14, San Patricio, Lve Oak, Karnes, Goliad, Bee, Refugio, Nueces; No. 15, Chambers, Liberty, Polk, Trinity, Tyler, Hardin, Jefferson, Orange; No. 16, Ellis, Johnson, Parker, Dallas, Tarrant, Kauf- man, and Van Zandt; No. 17, Bumet, Llano, Mason, Menard, McCulloch, San Saba, Browne, Lampasas, and Williamson; No. IS, Atascosa, Bandera Uvalde, Medina, ^Vilson, Maverick, and Kenney; No. 19, Bell, Coryell, Hamilton, Comanche, Palo Pinto, Erath, Bosaue and ilcLeman; No. 20, Collins, Denton, Hunt, Wise, Jack, Fannin, Young, Throckmorton, Archer, Clay, Montague, Cooke, Grayson. '^* Consult his address to the people of the state no. 11, 70-103 in Tex. Col. Doc, no. 2. ^'Throckmorton submitted a list of persons who, he considered, were eligible to the appointments of assessors and collectors. The applications were returned endorsed with the remark that the governor had recommended so many as qualified to take the oath and act as registrars, that Gen. Griffin decided not to appoint any to vacancies who could not take the oath of 1862, The oath reads thus: 'I, A. B., do solemnly swear (or affirm), that I have never voluntarily borne arms against the U. S. since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or en- couragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the GOVERNOR PEASE 491 officials, and the dismissal of prosecutions against certain persons by order of the military chief, be- came matters of misunderstanding, and the governor on more than one occasion deemed it necessary to communicate with the president in reference to the matters in dispute." The breach widened day by day, and on July 30th, General Sheridan issued a special order of which the following is an extract: "A careful consideration of the reports of Major- General Charles Griffin, United States Army, shows that J. W. Throckmorton, governor of Texas, is an impediment to the reconstruction of that state, under the law; he is, therefore, removed from that office. E. M. Pease is hereby appointed governor of Texas, in place of J. W. Throckmorton, removed. He will be obeyed and respected accordingly." Early in August the deposed governor sent in his final report of his administration. It contains the treasurer's report, showing the receipts to have been $626,518, and the expenses $625,192; a statement of Indian depredations from 1865 to 1867," and his ad- dress to the people containing copies of official cor- respondence explanatory of his conduct. In review- ing this correspondence Throckmorton remarks that every fair minded person will be satisfied that the reports of General Griffin were made without any foundation in fact, and were not supported by any public or private act of his ; and that the imputation that Throckmorton was an impediment to the recon- U. S. ; that I have not yielded a voluntary support to any pretended govern- ment, authority, power, or condition within the U. S. , hostile and inimical thereto. And I do further swear (or affirm) that, to the best of my knowl- edge and ability, I will support and defend the constitution of the U. S. against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully dis- charge the duties of the office on which I am about to enter, so help me God.^ Copied from Cong. Olohe, 1861-62, ap. 385. ^» Circular order, no. 13, and the reinstallation of judges Stribbling and Bacon was among the matters reported to the president. No. 11, 81-2, 84-7, in Tex. Col. Doc, no. 2. ^' From which it appears that during two years 162 persons were killed; 43 carried into captivity; and 24 wounded. Id., 39, 41, 95. 492 THE RECONSTRUCTION PERIOD. struction of the state, showed the sinister influences which surrounded Griffin and his proclivity to error. In examining the facts Throckmorton proceeds to call attention to the fact that he tendered the cordial cooperation of the state authorities to aid in the exe- cution of the laws of congress ; that he called upon the civil authorities for such information as would conduce to that end; and that he advised the people to a cheerful and prompt compliance with the terms. But extraordinary impediments to the proper, exe- cution of the acts of congress, had been thrown in the way. First the circular order, no. 13, relative to jurymen's qualifications, filled the country with consternation, and impressed the minds of the people that they were not to have the benefit of the laws ; ^' second, by refusing to fill vacancies in state offices except by such persons as could take the test oath ; third, by delay in appointing boards of registration in many counties. Again, no persons except those of one political party were selected as registrars, wbUe negroes notoriously incompetent were appointed to act on such boards ; such persons as sextons of cemeteries, auctioneers, members of police, under-wardens of workhouses, school-directors, jurymen, overseers of the roads, and many other classes had been excluded from registration ; ^^ and finally a manifest disinclina- tion had been shown on the part of the military au- thorities to believe in the sincerity of the state officials, and the people when declaring their desire to comply with the acts of congress. Such were some of the impediments. But apart from impediments, many acts, he said, had been committed which were violations of the law. The property of citizens had been used without com- pensation, not in a few, but in many cases; the freed- man's bureau had exercised powers not conferred upon '2 The oath prescribed would in fact exclude the majority of the people, except the freedmen, from serving as jurors. '" See copy of instructions secretly given by Grifiiu to the boards of regis- tration. Id., 88-90, GENERAL HANCOCK. 493 it, its agents having made arrests and imposed penal- ties not justified by law; the town of Brenham had been set on fire by United States' soldiers, and a large amount of property destroyed ; this deed was perpe- trated almost in his presence, yet no effort was made to prevent it, or to punish the offenders; judgments and decrees of the courts had been ordered to be set aside, and judges required to dismiss suits in a number of cases. Freedmen indicted for crimes had been pro- tected from arrest, and laws of the state had been set aside ; the frontier was a scene of Indian devastation, and yet the troops were scattered in the interior where the civil authorities were able to maintain order, and no sufficient number of them had been sent to the frontier. Such were the views expressed by Throck- morton as to the position of Texas under military government. In the early days of August, Elisha M. Pease for the third time became governor ; '* but affairs were sadly changed since the prosperous and happy period of his first administration. The partisan feeling in Texas, not without cause, continued bitter, and in no other of the confederated states did the work of recon- struction prove more difficult, evidence of which is the fact that she was the last of the ten to be read- mitted into the union. On August 26, 1867, Sheri- dan, whose administration of the fifth military district gave great dissatisfaction to President Johnson,^'' was removed, and the command assigned to General Han- cock. The latter's views differed considerably from those of Sheridan, and he was even unwilling to sub- mit civil offenders to trial by the military tribunals. With regard to the unreasonably rigid rules issued to the boards of registration by Griffin, by which num- bers of men entitled to become voters were excluded," ^ For his biography see note 27 of chap. xv. 35 See the president's letter of Aug. 19, 1867, to Gen. Grant. H. Ex. Doc, cong. 40, seas. 2, vii., no. 57, 4^6. ^* For the satisfaction of the reader, I give a synopsis of these secret in- 4&t THE RECONSTRUCTION PERIOD. Hancock, on January 11, 1868, declared them to be null and of no eflfect, and ordered the boards of regis- tration "to look to the laws, and to the laws alone, for the rules which were to govern them in the dis- charge of the delicate and important duties imposed upon them." But Hancock gave as little satisfaction to congress as his predecessor had given to the president ; and the want of harmony between the executive and legislative powers at Washington was the cause of frequent changes of military commanders in the south. Not long after the order setting aside General Griffin's in- structions to the registrars. General Hancock was re- mo-ved from the command of the fifth district, and was succeeded by General Reynolds. The business of registration having at last been completed, the election for the convention was held in February. Each voter was required to register, and present his certificate of registration at the poUs. The election occupied four days, and resulted in 44,689 votes beiag cast in favor of the convention beiag held, and 11,440 against it." On June 1, 1868, the convention, consisting of 63 atructions, described aa ' Memoranda of disqualifications for the guidance of the hoards of registration under the military biU passed March 2, 1867. 1, every person who has acted as senator or representative in congress; 2, all who have acted aa electors of president and vice-president; 3, every perso» who held any position in the army or navy of the U. S. ; 4, all persons who held any position under the U. S. in which they were required to take an oath before they entered upon the duties of the office; such as officers in the custom-house, clerks, judges, and others; 5, all who have held any office in any state under the constitution and laws of such state in force prior to Feb. 1, 1861.' Then follows a long list of disqualified persons, among whom are included 'tax collectors, coroners, police jurors, auctioneers, county record- ers, notaries public, municipal officers, including members of the board of health, wardens and underwardens of prisons and work-houses, school direc- tors, city surveyors and deputies, inspectors of tobacco, flour, beef, etc., weighers and measurers, directors of the asylum for deaf and dumb, blind, and lunatic, and sextons of cemeteries.' '6, all who, in 1862 and 1864, regis- tered themselves as aliens, or obtained protection papers from the represen- tatives of foreign powers. Any person who at any time held any of the above offices, and who afterward engaged in the rebellion against the U. S ' No. 11, 88-9, in Tex. Col. Doc, no. 2. ^'According to TJirall, 420, 56,678 white voters registered, and 47,581 black ones. From these figures it appears that little over half the number of voters appeared at the polls. AB INITIO, 495 delegates, met at Austin, and organized by electing Edmund J. Davis president and W. V. Tunstall, sec- retary. Though composed of loyal republicans, it soon became manifest that it was divided into two parties, entertaining widely different views, and such as were not to be readily reconciled. Shortly before Governor Pease entered office. General Griffin had been petitioned by a number of persons to declare by military order all acts of legislation since February 1, 1861 — ^the date of the secession ordinance — ^to be null, ab initio. This expression supplied a name for one of the political parties in the convention. Griffin died of yellow fever a, tew weeks after receiving the peti- tion, which thereby was not acted upon, and Pease, in a proclamation, recognized the constitution and laws of 1866, under certain exceptions, as rules for the government of the people of Texas and the officers of the civil government. Those members of the conven- tion who believed that all enactments since the passage of the secession ordinance should be null were called Ab Initios. Another point of disagreement was the question of suffi:age, a portion of the convention dis- playing much intolerance towards those who had sus- tained the confederate cause, while the more liberal were in favor of enfranchising all good citizens of the state. For three months the opposing factions argued and wrangled on their respective views, and but little progress was made toward the framing of the consti- tution. On August 31st, the convention adjourned to reassemble on December 7th. When it again met, the differences appeared to be more irreconcilable than ever, and much bitterness of feeling was shown. Finally, the more liberal party prevailed, the late governor, Hamilton, having submitted a generous substitute on the right of suffrage for the report of the committee, which was marked by rigorous dis- franchisement.'' The substitute having been put to '^ Hamilton's substitute constituted art. vi. of the constitution, and reads 496 THE RECONSTRUCTION PERIOD the vote, it was carried, February 3, 1869, by 37 yeas against 26 nays. The constitution was now all but completed; but on the 4th, the ab initio members entered a protest against it, signed by 22 members, among whom was the president, Davis. The objection raised against it was that it was based upon the assumption that the constitution of the United States and the accepted constitution of Texas of 1845 had not been continu- ously the supreme law of the land. With regard to the article on the right of suffrage, the disapproving members solemnly protested against it as extending the franchise to all those who voluntarily became the public enemy of the United States. "The majority of the convention," they said, "has deliberately re- moved from the constitution every safeguard for the protection of the loyal voter, white or black. They have stricken from that instrument the whole system of registry ; they have repudiated the oath of loyalty contained in the reconstruction laws; they have spurned the test of equal civil and political rights, and we do most solemnly call upon the registered voters of Texas to vindicate the national honor, and the cause of right and justice by their votes." This session of the convention did not terminate in a very dignified manner. Without waiting for a formal and orderly adjournment, many members forth- with returned to their homes, and at the meeting on thus: 'Every male citizen of the U. S., of the age of 21 years and upward, not laboring under the disabilities named in this constitution, without dis- tinction of race, color, or former condition, who shall be a resident of this state at the time of the adoption of this constitution, or who shall thereafter reside in this state one year, and in the county in which he oflfers to vote 60 days next preceding any election, shall be entitled to vote for all officers that are now, or hereafter may be, elected by the people; and upon all ques- tions submitted to the electors at any election; provided, that no person shall be allowed to vote or hold office who is now, or hereafter may be, dis- qualified therefor by the constitution of the U. S. , until such disqualification shall be removed by the congress of the U. S. ; provided further, that no per- son, while kept in any asylum or confined in prison, or who has been con- victed of a felony, or is of unsound mind, shall be allowed to vote or hold office. IT. S. Sen. Misc., cong. 41, sess. 2., doc. 77, 20; U. S. Cliarters mid Constii., ii., 1814, in both of which authorities a copy of the amended consti- tution will be found. GENERAL OANBY. 497 tlie 6th, no quorum was present. On February 11th General Canby, who had succeeded Reynolds in the preceding December, addressed a letter to the chief of the staff at Washington, in which he says that a committee had been appointed by the members that were left to consult him. On finding that a large portion of the records of the convention was in an unfinished condition, the journal not being made up, and other work of the secretary and clerks incom- plete, he advised that the members present should finish the ministerial work, and then adjourn in a formal and orderly manner. He describes the feel- ings of the two parties as growing more intense, each distrusting the other, and apprehending that the records would be lost or destroyed. He urged upon the president, Davis, the importance of his party uniting with the other ; at least let them adjourn in a decorous manner, if they could do nothing else. Davis, accordingly called a meeting, at which less than half a dozen members were present, and Canby finally agreed to take charge of the records. He ex- perienced, however, no little difficulty in collecting them, as the secretaries and clerks of the convention had become imbued with the spirit of the members, and had taken away a part of the records in their keeping. Having finally succeeded, he set a large clerical force to work to complete them from the rough copies and minutes.'" From the above account the reader will be able to form a tolerably correct idea of the disorder which prevailed in the reconstruc- tion convention, and the ill-feeling which was mani- fested between the conflicting parties. By the election declaration of the convention, the first Monday in July 1869 was appointed as the day on which the amended constitution should be sub- mitted to the voters for ratification, and a general election held for state officers and members of the ™ Consult Gen. Canby's correspondence in U. 8. H. Ex.. Doc, cong. 40, sess. 3, xiii., no.. 97. Hist. Mex. States, Vol. II. 82. 498 THE RECONSTRUCTION PERIOD. legislature. But President Grant did not see fit to approve so early a date, and deferred it till Novemlaer 30tli, following. Accordingly on that, and the three following days, the election was held under the direc- tion of Reynolds, who had been reappointed to the command in Texas, 72,366 votes being cast for the constitution, and 4,928 against it, showing a majority of 67,438 in favor of it. At the same time Edmund J. Davis was elected governor; J. W. Flanagan, lieutenant governor; A. Bledsoe, comptroller; G. W. Honey, treasurer; and Jacob Knechler, land office commissioner; and G. W. Whitmore, J. C Conner, W. T. Clark, and Edward Degener were chosen rep- resentatives to the United States congress. Mem- bers of the legislature were also appointed, and on January 11, 1870, an order was issued by the military commander, summoning the legislature to assemble at Austin on February 8th following." Governor Pease by no means enjoyed the position in which he found himself The mixture of civil and military rule was most distastful to him, especially as he did not meet with that cooperation and assistance on the part of the commander of the fifth district," which he was entitled to expect. On September 30th he resigned, and during the interval between his resig- nation and the accession of Governor Davis, a period of more than three months, the executive department of Texas was administered by an adjutant in charge of civil affairs. Governor Davis entered office January 18, 1870, and on the appointed day the legislature assembled at the capital. It promptly ratified by joint resolutions the amendments to the constitution of the United States," appointed senators to congress, and having "Sen. Misc. Doc, cong. 41, sesa. 2, no. 77, 30-6; Bept. Sec. War., cong. 41, sess. 3, i., pt. ii., 41. ** Confined at thia time to Texas, as Louisiana had already been reorgan- ized, and her representatives admitted to congress. *' Namely Articles xiii, xiv, and xv, the first abolishing slavery; the A REIGN OF TERROR. 499" transacted the business imposed upon it by the recon- struction laws as a provisional body, it adjourned on February 24th. Texas had now drained the bitter cup to the dregs, and forgiveness was at last vouchsafed to her. On March 30, 18 70, the U. S. president approved the con- gressional act readmitting her into the union, and on the following day, senators M. C. Hamilton and J. W. Flanagan," the oath prescribed by law having been administered to them by the vice-president, took their seats in congress. On the same day the four repre- S3ntatives to which the state was entitled were sworn in, the members being those elected at the general election held November 30th to December 3, 1869." The reconstruction period extended over five years, during which time Texas was a prey to lawlessness and violence almost in a degree inconceivable. The breath of the demon of homicide seemed to have passed over the land, and the efforts of the military commanders to arrest its deadly influence were at- tended with little success. It is impossible to ascer- tain how many persons were the victims of fierce passion and malevolence during these five years, nor u it a pleasant subject to dwell upon. But that the reader may arrive at some idea of the excessive crime and the loss of life, let him listen to what General Reynolds says on the subject in a letter to the war- ofiice, dated October 21, 1869. "The number of murders in the state during the nine months from January 1, 1869, to September 30, 1869, according to the official records, necessarily imperfect, is 384, be- ing an average of about one and a half per day. second declaring all persona born or naturalized in the U. S. to be citizens thereof; and the third declaring that the right of citizens to vote should not be denied or abridged on account of race, color, or previous condition of slavery. A military board wa? appointed to inquire into the eligibility of the members of the legislature with the power to administer oaths. "J. W. Flanagan had been elected lieut-gov., but the legisl ture ap- pointed him to the U. S. Senate. **H. Jour., cong. 41, sess. 2, 548, 1387; Mens, and Doc, 1870-1, War Dept., pt. i., 41; S. Jour., cong. 41, sess. 2, 434, 1517; H. Jour., cong. 41, sess. 3, 6; S. Misc., cong. 41, sess. 2, doc. 77, p. 35; Cong. Ohbe, cong. 41, sess. 2, pt. 3, 2328. wo THE RECONSTRUCTION PERIOD. From this statement it appears that with the partial breaking up of bands of desperadoes by military aid the number of murders is diminishing from month to month."" *^ Eept of sec. of war, Cong. 41, sess. 2, i. 145. Gov. Pease in his message to the convention, June 1, 1869, says that during the six preceding months 206 homicides had been committed in 67 of the 127 organized counties of the state, while but a small number of the perpetrators had been arrested and punished by the process of law. Thrall, 428. CHAPTER XIX TEXAS RESTORED. 1871-1888. Administration of Goveenor Davis — Message to the Legislature — Republican Measures — Party Rivalry — Austin the Permanent Capital — Repeal of Obnoxious Laws — Condition of the Treasury • — Republicans versus Democrats — A Dangerous Crisis — Victory of the Democrats — Coke Elected Governor — Condition of Affairs — The New Constitution — Coke's Criticisms — Governor Hubbarb —The Salt War — Finance — Governor Roberts' Policy — Indian AFFAiBa — The Boundary Question. It was tlie irony of liberty, equality, and the re- publican form of government— the thrusting at this juncture into legislative halls and offices of honor and trust, the thick-lipped, curly-haired, stolid-brained black man, sometime from the jungles of Africa, late the slave, now the ruler of the pale-faced intellectual European! What a sensible, statesmanlike, wise, and politic thing was it for our Yankee demagogues, carpet-baggers, political hacks, hucksters, and trick- sters, after the extinguishment of the savagism slav- ery, to take this black African beast and set him up as a god to rule over us, to make laws for us, to set an example for us in the ways of intellectual culture and refinement! It is the greatest and most lasting disgrace the people of the United States ever have or ever can bring upon themselves. No wonder it was a galling sore to the south, ever open, ever fresh. It was wholly unworthy of the American people, an insult to their own intelligence, to their own institu- tions, a prostitution of what they should hold most (601) 602 TEXAS RESTORED. high and holy — the privilege of suffrage, of self- government from an intelligent and progressive stand-point. There is one consolation in it all, how- ever, and that is that this black republicanism, which foisted upon the nation this monstrous iniquity, gained nothing by it — nothing but ignominy and retribution. It was a cowardly thing to do, a base ignoble revenge; an act retroactive in its effect, bringing also its curse upon its perpetrators. Thouo;h Governor Davis assumed the executive office in January, he was only acting in a provisional capacity. When, however, the president signed the bill restoring Texas to her rights as a sovereign state of the union, Davis issued a proclamation, April 2d, announcing the fact, and signing himself governor of Texas. On the 16th of the same month, General iReynolds remitted to the civil authorities the powers that had been conferred upon the military commander by the reconstruction laws, and the troops were with- drawn from the various posts in the interior and sent to the frontier. Small detachments, however, were retained at Jefferson, Austin, and San Antonio, the latter point being the principal distributing depot and the future headquarters of the department. The legislature assembled again on the 26th, and on the 28th the governor was duly inaugurated. In his inaugural address Governor Davis remarked that what might be termed the second annexation of Texas had been consummated; but the Texas of 1845 was very different from that of 1870. The former brought into the union with her single star also thousands of slaves; the latter knew no bondman on her soU. Alluding to the late war he considered that few on either side at the beginning of the struggle had either calculated or desired the full result attained at its close. While the one side sought to sustain a structure of which the very corner-stone was a denial of the truth of the declaration, "that all men are created equal," the other grasped the SAvord mainly GOVERNOR'S MESSAGE. 503 to preserve a glorious nationality. It required years of misfortune to point out the foundation of the trouble. "Let us," he said, "accept the result as an indication and lesson that there is no safe neutral ground for human judgment between right and wrong. Let us be wholly right." ' On April 29th, the governor sent in his message. He first called attention to the necessity of providing measures for tho suppression of crime, and recom- mended the passage of a law for the efficient organi- zation of the militia, and the establishment of a police system which would embrace the whole state under one head, so that the police, sheriffs, and constables of the different cities should be made a part of the general police, act in concert with it, and be subject to the orders of the chief He next made mention of a class of criminals which consisted of mobs of lawless men, who assembled and operated in disguise in carry- ing out some unlawful purpose, generally directed against the freedmen. The immunity from arrest of such offenders gave reason to suppose that they were protected or encouraged by the majority of the peo- ple. In suggesting measures to suppress this evil, Governor Davis advocated conferring upon the exec- utive the power of temporarily establishing martial law under certain contingencies. He, moreover, con- sidered that the frequency of homicides was attribu- table to the habit of carrying arms, and recommended the legislature to restrict that privilege, which it would be able to do under the amended constitution.^ On the subject of education, the governor remarked that the establishment of a good system of schools would in time operate in diminishing crime, and re- minded the legislature that the provisions of the con- stitution made it "the imperative duty" of that body to provide for the education of all children of scholas- ^No. 4 in Tex. Col. Doc, no. 2, is a copy of the inaugural address. 2 Section xiii. of the Ijill of rights reads thus: ' Every person shall have the right to keep and bear arms in the lawful defence of himself or the state, under such regulations as the legi3lature may prescribe. ' i so* TEXAS RESTORED. tic age. A perpetual school fiind was provided for by the constitution, and he produced a summary of the means then disposable for the purposes of education.* Other matters brought before the notice of the legislature were the questions of internal improvement, subsidizing private enterprises, the public works, and iiiunigration. With respect to the first, Davis cau- tioned the legislature against affording aid to specula- tors who, proposing schemes for private advantage under the name of internal improvements, were in the habit of calling upon the state for aid; he was of opinion that, beyond a liberal charter, there was no necessity for state aid to insure the success of any honest and feasible enterprise. With regard to immi- gration, he hoped that when such respect for law and order had been established as would relieve new-comers of all apprehensions for their personal safety, the cheap and fertile lands of Texas would attract immigrants. It was necessary that the immigration bureau author- ized by the constitution should be organized at once on a liberal basis, and a complete geological survey undertaken in order to ascertain the capacity of the state, both in an agricultural and mineral point of view. He next calls attention to the condition of the asy- lums for the deaf and dumb, the blind, and insane, and the penitentiary at Huntsville. The lunatic asy- lum was far too small to admit even all such patients as came within the limited requirements of the law, and many had to be denied admittance; a liberal pro- vision should be made for the increased wants of the state in this respect. As to the penitentiary, owing to bad management it had been, until quite lately, a heavy expense, the excess of expenditures over receipts up to November 16, 1869, being $107,645. The num- ber of convicts, according to the last report of Febru- ' Namely, cash in specie |58,979, currency $54.3; in 5 per cent bonds un- der act of Nov. 12, 1866, $82,168; principal and interest due to the school fund from railroad companies $2,7^,198. Governor's message, no. 5, 5-7, in Id. INDIANS AND FINANCES. 605 ary 10, 1870, was 489 confined within the walls, and in April following 181 were laboring on the railroad. The governor deprecated the system of employing the convicts on the railroads, both as demoralizing and affording facilities of escape. He recommends that the penitentiary be enlarged, and the outside convicts returned to it. In speaking of the depredations committed by Ind- ians, he remarked that from time immemorial the hostile tribes had afflicted the country with their murderous visits ; that no treaty or concession could appease them, or stay their hands ; and that the only result that could be permanently effectual was exter- mination, or total conquest and submission. The measures adopted by the military commander were all that could be done with his limited resources.* The legislature would, it was hoped, encourage in every reasonable way the growth of every kind of manufacture and industry. One of the mo?t impor- tant interests of Texas was cattle-breeding, but unfor- tunately the laws for the protection of tlae stock -raiser's property were defective, especially in regai'd to herd- ing, branding, and selling cattle. Practices had be- come common in these respects which almost destroyed the safety of that kind of property. Financial matters were the last topic discussed in the message. The governor was of opinion that ex- penditures would amount to about $1,500,000. The amount of cash on hand September 3, 1867, was $20,232; receipts from that date to April 16, 1870, were $1,384,191, and the expenditures during the same period $1,024,851. The amount of cash in the treasury, exclusive of school and special funds, was $2,953 in specie and $413,747 in currency. Deduct- ing appropriations made by military orders since March 1st, there remained $2,953 in specie and * Reynolds urged the establishment of a military telegraph line along the frontier, and recommended that the department commander should be au- thorized to equip and employ frontiersmen in co-operation with the U. S. troops. Hept. Sec. War, cong. 41, sess. 3, i. 41. 506 TEXAS RESTORED. $368,426 in currency. The debt of the state was small. Under act of November 12, 1866, five per centum state bonds, to the amount of $82,168, were issued to the school fund, and $134,472 of similar bonds to the university fund. If the act was to be respected, the state was so much indebted to the above-named funds. The only other indebtedness was that of ten per cent warrants issued before the late war, but the amount could not be considerable. The governor remarked that the whole system of col- lection of revenue would have to be revised and made more effective. This message represented very fairly the condition and requirements of Texas, on her people resuming self-government. The legislature,* with a large ma- jority of them republicans, accepted the governor's views in all important points. The militia was or- ganized," and divided into two classes, namely the state guard, composed of volunteers and the reserve military, which included all persons liable to service, not enrolled in the state guard. All the troops were placed under the control of the governor, who was also empowered to declare martial law in any county or counties, and call out, in cases of emergency, such portion of the militia as he might deem necessary fcr the maintenance of the law. Other bills authorized him to organize twenty companies for the protection of the frontier, and establish a state police, under the system suggested by him in his message. An elec- tion law was passed requiring voters to register, and laying down stringent rules for conducting elections; the judicial districts were re-organized and their number was raised to tliirty-five, and a bill was passed establishing a system of public free schools "According to Thrall, page 429, the legislature politically considered stood thus: in the senate 17 republicans, two of them Africans, 7 conserva- tives, and 6 democrats; in the house, 50 republicans, 8 being Africans, 19 conservatives, and 21 democrats. "The act of eongres prohibiting the organization of the militia, was re- pealed July 15, 1870, Cong. Globe, 1869-70. Ap. 738. PARTY ISSUES. 507 throughout the state. The session was a long one, and numerous enactments were passed ; nor was it till August 15th that the legislature adjourned. Though the great civil war had ended years ago, contention had not ceased. In the political arena- republicans and democrats — respectively repre- senting the old unionists and secessionists — carried on the strife, and displayed toward each other feelings as bitter and hostile as had ever been entertained by federals and confederates in their conflicts on the battlefield. Governor Davis had been a general in the federal army, while the larger portion of the people of Texas had been confederates. His election to office, as well as that of the members of the legisla- ture, had not been an expression of the will of the majority, but was due to the pressure of the recon- struction laws. Party spirit, therefore, was violent, and the action of the republican party in power was watched with critical scrutiny, by the democrats whose rivalry was intensified by the humiliation of defeat. The provisions of the militia and police bills, and especially that authorizing the governor to pro- claim martial law, gave dissatisfaction to both con- servatives and democrats. A large portion of the police force was drawn from the black race; and the reader will doubtless correctly estimate the passion- ate indignation of the white man, on being interfered with in his conduct by a low, impudent negro.' ' Collisiona consequently occurred. In Jan. 1871, there was a serious affair in Huntsville. A negro, an important witness in a criminal case, was killed, and persons implicated in the murder were arrested. Friends aided them to escape, and the captain of police who held them in charge, was wounded in the scrimmage. Martial law was proclaimed by the gov. , Jan. 20, and a military company sent from an adjoining county to enforce the law. The supremacy of the civil law, however, was soon restored. An- other difficulty occurred at Groesbeck, in September, one Applewhite being killed in the streets by three colored policemen. A serious disturbance took place, the whites and negroes lieing arrayed against each other. On Oct. 10, Gov. Davis proclaimed martial law in Limestone and Freestone counties. The order was revoked Nov. 11th, but the people were assessed for a consid- erable sum to defray expenses. In HiU county also martial law was en- forced for a short time. Tlirall, 431. 508 TEXAS RESTORED. The growing strength of the democratic party, however, — or rather its natural strength when re- leased from coercion — showed itself in time. In ISTovember, 1872, from the 5th to the 8th inclusive,* a general election was held for electors of president and vice-president of the United States, for members to congress, to fill vacancies in the state senate, for representatives to the 13th legislature, for district at- torneys, and for county officers. The late constitution having provided that the governor should hold office for the term of four years, the election for the execu- tive did not take place tiU December 1873. The result of the election of 1872 was that the democrats returned to congress the six representatives to which Texas was now entitled, and a majority in the state legislature. At the same election, according to a provision of the constitution, the vote of the people was taken for the permanent location of the seat of government, the city of Austin being chosen by a large majority as the capital.' Moreover, an amendment to the 6th section. Ar- ticle X. , of the constitution " was proposed, and ac- cepted by a vote of 57,611 for, and 35,076 against it. The thirteenth legislature met January 14, 1873, and the democrats at once exercised their controlling majority, by causing obnoxious laws to be repealed. The militia bill passed by the last legislature, was so changed as to deprive the governor of his power to declare martial war; the objectionable state police force was disbanded, and material changes were ef- fected in the election laws. Measures also were adopted to reduce the expenses of government. ^According to the provision of the constitution, the polls at elections were to be opened for four days. "Votes east for Austin, 64,277; for Houston, 35, 147; for Waco, 12,777; Tex. Off. Returns, Oen. Elec. 1872, 18. 1* Reading thus: ' The legislature shall not hereafter grant lands to any person or persons, nor shall any certificate for land he sold at the land office, except to actual settlers upon the same, and in lots not exceeding 160 acres.' ITNAIilCTAL AFFAIRS. 509 Governor Davis in his annual message called atten- tion to the unsatisfactory condition in which he found the state treasury. It appears that the treasurer had vacated his office under circumstances that led to the suspicion that transactions of a doubtful nature had taken place in the department during his management. Public comments reaching the governor's ears com- pelled him to investigate the matter, and he came to the conclusion that profits had been made by the late treasurer to the amount of $30,000; accordingly he directed the attorney-general to sue him and his securities for that amount." On his suggestion, too, a select joint committee was appointed by the two branches of the legislature to examine into the con- dition of the offices of the comptroller and the treas- urer and report upon it. From the report of this committee, sent in June 2, 187S, it appears that there had been much irregularity; that the books in the comptroller's office were kept in an inaccurate and confused manner, and with such a reckless disregard of system as to render any attempt to obtain from them a correct statement of the state's finances extremely difficult ; and that a deficit in the treasury actually ex- isted. The legislature having thus effected many desirable reforms the democrats next determined to reform the government. The governor was a stanch republican, and there was a republican majority in the senate ; but the democrats readily perceived that the thumb- screw of obstruction would compel their opponents to yield to a measure which would overthrow them, and the house refused to vote money to carry on the gov- ernment until it had succeed in the scheme planned by it. It was a well-conceived political stratagem. Confident that at the polls the democratic majority would be overwhelming, the house decided to procure a new election, though it would thus be legislating itself out. An act was accordingly passed April 24, iiDavia' testimony in T&v. Sept Com. Invest. Compt., June 2, 1873, 17. 510 TEXAS KESTORED. 1873, making a new apportionment of the state and changing the senatorial districts, which change neces- sitated a new general election. On May 26th, fol- lowing, another act was forced through the legislature, prescribing that the election should be held on the first Tuesday in December,'" the day on which the election for tlie new governor would take place. On the appointed day the election was held, and in all three branches the democrats were triumphant. But the republicans were not disposed to yield with- out a struggle. The constitutionality of the law under which the election had been held was brought before the supreme court which decided that it was unconstitutional, and Davis, on January 12th, issued a proclamation prohibiting the new legislature from assembling. In defiance of this interdict, however, it met on the following day and organized. Much alarm was entertained that a collision would take place between the two parties. And not without some cause. The two branches of the legislature occupied the upper story of the capitol with a com- pany of the militia as guard ; at the same time Davis and the other executive officers held possession of the lower story with a company of colored soldiers under the adjutant-general." President Grant was appealed to but refused to sustain Davis. Fortunately moder- ation prevailed and no conflict took place. J. P. Newcomb, the secretary of state, permitted, under protest, the election returns to be delivered to a com- mittee of the legislature. The votes having been counted, Richard Coke" was declared elected gov- ^2 See Tex. Oen. Laws, 13 leg., 43, et seq. '^ Gov. Coke in his annual message of Jan. 1876, page 4, makes this as- eertion: 'The floors of the halls in ■which you now sit had been examined by the conspirators, and it had been ascertained that the armed forces en- trenched in the basement beneath, could piece them with their missiles if necessary to attack you.' "Coke was bom at Williamsburg, Va., March 13, 1S29; was educated at William and Mary college, and havmg studied law was admitted to the bar when 21 years of age. In 1650 he removed to Waco, McLennan county, Texas. He served in the confederate army, first as private and aftem-ard as cap;ain; was district judge in June 1S56, and in 1806 was elected by the LEGISLATIVE MEASURES. 511 ernor by a majority of 50,000, and Richard B. Hub- bard, lieutenant-governor. For some days the public was agitated by doubt and apprehension as to the probability of a peaceful solution of the dispute, but on the 19th Governor Davis vacated the executive office without making a formal surrender." Governor Coke took undisputed possession, and the excitement was allayed. Thus terminated this contest for suprem- acy between the republican and democratic parties, happily without bloodshed. But it was a critical point in the progress of affairs. The least spark of fire would have exploded the magazine of animosity harbored on both sides. Thus the city which had so lately been declared the permanent capital of the state narrowly escaped being baptized in blood. During the first session of the 14th legislature, no extraordinary measures worthy of especial mention were adopted," with the exception of granting pen- democratic party judge of the state supreme court, but was removed in 1807 by Sheridan as an 'impediment to reconstruction.' U. 8. Sen. Miscel, cong. 42, sess. 2, no. 8, pt i., 71. 1* Davis in a speech made to the citizens of Travis county, Oct. 4, 1880, alludes to this affair, and speaks of the democrats as having ' seized the state government, in January, 1874.' Davis, Speech, 3, with Gray, Hist. Austin. Gov. Coke's view of the situation was different. In his message mentioned in note he says: 'Forebodings of danger to popular liberty and representa- tive government caused the stoutest and most patriotic among us to tremble for the result. A conspiracy, bolder and more wicked than that of Cataline against the liberties of Rome, had planned the overthrow of free govern- ment in Texas. The capitol and its purlieus were held by armed men under command of the conspirators; and the treasury and department offices, with all the archives of the govt, were in their possession. Your right to assemble in the capitol, as the chosen representatives of the people was de- nied, and the will of the people of Texas sooffi3d at and defied. ... The pre ji- dent of the United States was being implored to send troops to aid in over- throwing the government of Texas, chosen by her people by a majority of 50,000. The local and municipal offirirs throughout the state in sympathy with the infamous designs of these desperate and unscrupulous revolutionist!, taking courage from the boldness of the leaders at the capitol, were refusing to deliver over to their lawfully elected successors, the offices in their pos- session. A universal conflict of jurisdiction and authority, extending tbrough all the departments of government, embracing in its sweep all the territory and inhaljitants of the state, and every question upon which legitimate government is called to act, was imminent and impending. ' i^It should be mentioned that an act was passed April 10, 1874, author- izing the gov. to organize a battalion of six companies, each 75 strong, for defence of the frontier against Indians. The companies were organized June 4th following, and placed under the command of Maj, John B, Jones. 512 TEXAS RESTORED. sions to revolutionary veterans, and the reorganization of the supreme court, the number of judges being increased to five by an amendment to the constitution, which had provided that the court should consist of only three members. But there was manifested a growing discontent in regard to the constitution, which had been, as it were, thrust upon the people of Texas, and when the legislature met, in January 1875, on the occasion of its second session, Governor Coke recommended it to make provision by appropriate enactment for assembling a convention to frame a constitution of government for Texas. The existing constitution, he said, was by general consent admitted to be a defective instrument ; many of its provisions were incongruous and repugnant ; its restrictions were so many, and descended so much into legislative de- tail, as to present incessant embarrassments; and while some provisions were oppressive or inconvenient, others were positively obstructive to legislation. Ne- cessity, he added, forced it on the people of Texas, and prudence and policy prompted submission to it. But no reason existed for submitting to it any longer. The causes which a year before had rendered it im- prudent to call together a constitutional convention had ceased to exist ; federal interference was no longer feared, and the popular mind was free from passion and excitement. "For twelve months past," he said, "the thinking men of the state have been studying and investigating the subjects to be dealt with in framing a constitution, and are now prepared to act."" The governor's message is a lengthy document comprising 92 octavo pages, and he enters fully into every subject to which he calls the attention of the legislature. All internal matters are considered, and some space is devoted to statements touching the con- dition of the frontier in connection with inroads made by Indians, and Mexican border troubles. He re- marked that, in nine cases out of ten, the Indians "rex. Mm. Gov., 14th legis., 2d sesa., 1875, 8-9. GOVERNOR COKE. SIS that devastated the frontier of Texas came from the reservations on the northern borders. Governor Coke was in favor of applying severe measures, and holding the Indians to a rigorous accountability. " Lenity, ' he said, "to their murderous and thieving propensities is atrocious cruelty to the whites." With regard to depredations committed by Mexican marauders, he informed the legislature that during the spring and early summer of the past year they had greatly ex- ceeded in magnitude and atrocity transactions of that character for a number of years past. The complaint of the people of the districts exposed to these preda- tory inroads was universal. The expense to which the state was put, owing to the inadequacy of the United States' military establishment, was very oner- ous, and the governor recommended the legislature to memorialize congress, setting forth the losses of life and property on the Mexican border, and asking that the obligation of the general government to protect Texas against foreign enemies be redeemed, and that the money expended by the state in defence of her people be refunded." According to the report of Governor Coke of Jan- uary 1874, and that of the comptroller of February 10th, following, the public debt was $1,668,131. In the present message, the governor states that the en- tire public debt of Texas, up to January 1, 1875, ac- cording to the comptroller's report, was $4,012,421, of which $976,988 represented the floating debt, leaving a bonded debt of $3,035,433. He then explains how so large an increase in figures appears in the report. He says; " The increase in the public debt since the report in January 1874, is represented by the bonds and certificates granted to the revolutionary veterans of Texas, by act of April 1874, amounting to $899,- 389, and a few thousand dollars of miscellaneous in- " Memoriala to this effect were laid before congress by the 14th legislature, and also by the constitutional convention held in the autumn of 1875. Tex.. Mess. Oov., legis. 15, sess. 1, ap. 1876, 58-9. Hist. Mex. States, Vol. II. 33 514 TEXAS KESTOBED. debtedness. The remainder was incurred before January 1874, and is due to school teachers and others for services in 1873, and in the confusion of the records when the last report was made, was not noted, and in fact much of it was not reported until subsequent to that time." With regard to the pensions granted to veterans, it is necessary to explain that by an act of August 13, 1870, it was briefly provided that the surviving veterans "of the revolution which separated Texas from Mexico, including the Mier prisoners," and no others should have certain pensions. Comptroller Bledsoe, however, misapprehended the law, and ex- tended its provisions to persons not properly entitled to the benefit of it. At least such was the reason given by Governor Davis, May 19, 1871, on the occa- sion of his vetoing two items of appropriations to pay claims of veterans; by which act he exposed himself to the attack of his democratic enemies, who charged him with entertaining hostile feelings toward the veterans. By act of April 21, 1874, the legislature, however, extended the list of classes entitled to pen- sions," and by the end of the year, the governor became reasonably alarmed at the rapidly increasing number of claims;^" in his message, he urged the immediate repeal of the act, which, if left on the statute book, afforded an opening for the perpetration of frauds on the state. The act was repealed March 13, 1875. In March, also, provision was made for submitting the all absorbing question of a constitutional conven- tion to the people, and an election was ordered to be '"Under the act of 1870, a person entitled to the pension would receive ^50 if not wounded, and $500 if wounded, commencing from Jan. 1, 1871. Gov. Davis considered that there were not at that time 100 persons in the state justly entitled to the pension, yet Comptroller Bledsoe, under his con- struction of the act, soon found 283 claimants. Speech ofEx-gov. Davis, Oct. 4, 1880, p. 13, in Otm's Hiat. Austin. * Davis says that Darden and Coke, in the course of a year or so, issued $1,115,000 worth of bonds in pension. ' Some 1,100 persons had turned up as veterans of the struggle between Texas and Mexico. ' NEW CONSTITUTION. 515 held for that purpose, and for delegates on August 2d. On the appointed day 69,583 votes were cast for the convention, and 30,549 against it. The delegates " having been duly elected, the convention assembled at Austin, September 6, 1875, and completed its labors November 24th, on which day it adjourned. The constitution which it framed was submitted to the people for ratification February 17, 1876, when 136, 606 votes were cast in favor of it, and 56,652 against it. A general election was held on the same day, and the regular democratic state ticket elected. Coke was reelected governor, by a majority of over 102,000 votes, having polled 150,418 against 47,719 cast for William Chambers. ^^ Some very striking changes are noticeable in the constitution of 1876. In the bill of rights, the pro- visions of the constitution of 1869 that declared seces- sion a heresy, and that the constitution and laws of United States are the supreme law of the land, are stricken ouf With respect to the legislative de- '''The names of the delegates, with their places of residence and nativity, as also their occupations, will be found in Walsh and Pilgrim's Direct. Oonstit. Convert. , 1-3. The 30 districts sent up eighty-nine delegates, of whom 75 were democrats and 14 republicans, four of whom were negroes. The greater portion of the delegates were natives of the southern states, there being only four native Texans. ^■' U. S. Sen. Misc., cong. 47, sess. 2, i., doc. 8, 71; Thrall, 437. ^ For the purpose of comparison, I copy the preambles and corresponding provisions in the two constitutions. Constitution of Texas, 1869: We, the people of Texas, acknowledging with gratitude the grace of God in permitting us to make a choice of our form of government, do hereby ordain and establish this constitution. Art. I. BiU of Rights. That the heresies of nullification and secession, which brought the country to grief, may be eliminated from future political dis- cussion; that public order may be restored, private property and human life protected, and the great principles of liberty and equality secured to us, we declare that: Sec. I. The constitution of the United States, and the laws and treaties made and to be ma,de in pursuance thereof, are acknowledged to be the supreme law; that this constitution is framed in harmony with, and in subordination thereto, and that the fundamental principles embodied herein can only be changed subject to the national authority. Constitution of Texas, 1876: Preamble. Humbly invoking the blessing of Almighty, the people of the state of Texas do ordain and establish this constitution. Art. I BiE of Rights. That the general, great, and essential principles of liberty and free government may be recognized and established, we declare: Sec. I. Texas is a free and independent state, subject only to the constitution of the United States; and the maintenance of our free insti- tutions, and the perpetuity of the union depend upon the preservation of the 616 TEXAS RESTORED. partment, provision was made to increase the number of members of the house of representatives to 150, at the rate of one additional member for each 15,000 in- habitants at each fresh apportionment. The number of senators was permanently fixed at thirty-one. The legislature was to meet every two years, and when- ever especially convened by the governor. The governor's term of office was reduced to two years, and his salary from $5,000 to $4,000. All vacancies in state or district offices were to be filled by ap- pointments of the governor, with the consent of two- thirds of the senate. The judicial power was vested in one supreme court, consisting of a chief justice and two associate justices, a court of appeals composed of three judges, and district, county, and other courts. The state was divided into twenty-six judicial districts, and the office of district attorney was abolished. Article VI. of the constitution of 1869, respecting the right of suffrage, was stricken out, and another substituted, in which no mention is made of "race, color, or former condition." Provision was made that separate schools should be provided for the white and colored children ; and foreign immigration was discountenanced." The 15th legislature met in April 1876, and the formality of the reinauguration of the governor and lieutenant-governor was observed. In his message to the legislature, G-overnor Coke criticised the new con- stitution, and pointing out defects, recommended that the legislature propose the necessary amendments which it was empowered to do."* The judiciary arti- right of local self-governmeut unimpaired to all the states. Sec. II. All political power is inherent in the people, and aU free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and subject to this limitation only, they have at all times the inalienable right to alter, reform, or abolish their government in such a manner as they may think expedient. Copies of both constitution wiU be found in U. 8. Gliart. and Gonstit., ii., 1801-56. ''^ Sec. 56 of Art. XVI., reads thus: ' The legislature shaU have no power to appropriate any of the public money for the establishment and main- tenance of a bureau of immigration, or for any purpose of bringing immi- grants to this state. ' ^^ Art. XVII. provided that by a vote of two-thirds of all the members DEFECTS IN CONSTITUTION. 517 cle occupied his special attention. He considered the system framed in it so faulty, inefficient, and expen- sive, that in his judgment it would be better not to attempt to amend it, but to substitute an entirely new article. He describes its prominent faults in the following words : " It provides for two high courts of last resort, giving supremacy to neither, af. Holliugsworth, supt pub. instruction; William Steele, adjutant-general; Geo. Claj-k, attorney- general, also H. H. Boone; Jerome B. Robertson, supt. bureau of immigra- tion. Wahli, and Pilgrim's Direct. Gonstit. Ciyiiven., 4; TJirall, 437. ■" Rioiiard B. Hubbard was born in Georgia in 1834; graduated at Mercer SALT LAKES RIOT. 519 During Goveraor Hubbard's administration a seri- ous trouble arose between the Texan and Mexican citizens of El Paso county. The particulars are as follow: In December, 1877, a riot occurred at San Elizario, arising from interference with the right of Mexican citizens of Texas to the free use of the Guadalupe salt lakes, lying 90 miles east of that town. The anger of the people was aggravated by a personal feud existing between two leading inhabi- tants, Charles H. Howard, and Louis Cardis, who was extremely popular with the Mexicans. Howard, having located certain salt deposits, endeavored to establish a private occupation of them, and the right to exact pay for salt taken therefrom. Cardis insti- gated the Mexican citizens of El Paso county to re- sist this encroachment upon their rights, ^° and when Howard with the county judge and a justice of the peace, endeavored to force noatters by attempting to arrest certain parties engaged in the business at San Elizario, they themselves were seized by a mob of Mexicans who threatened to take Howard's life. Through the efforts of Cardis and Pierre Bourgade, the priest of the parish, they were released, Howard being compelled to sign a bond for $12,000 with sure- ties, engaging to leave the county and not return. This occurred at the end of September, 1877, and Howard retired to New Mexico. But at the beginning of October, notwithstanding his pledge, he returned to El Paso where, on the 10th of the same month, he shot and instantly killed Cardis without a word of warning. Cardis, though an university in 1851, and at Harvard law school in 1852. In the following year he migrated to Texas and settled at Tyler, Smith county. He was ap- pointed U. S. district attorney in 1856, and was representative for his dis- trict in the legislature in 1858. When the civil war broke out he com- manded the 22d regiment Texas infantry, and was promoted later to the command of a brigade. In 1872 he was elector on the Greeley ticket. 28 Both under the Spanish and Mexican govts the free use of these salt deposits had been granted to the citizens of towns on both sides of the Rio Grande. The Texan citizens of Mexican descent maintained that the treaty, by which the territorj' wherein the salt lakes lie was transferred to the U. S., did not extinguish the right of the public to them. 620 TEXAS RESTORED. Italian, by birth, possessed the entire confidence of the Mexican population, being regarded as a friend and champion; indeed he had been elected to repre- sent their interests in the legislature. His death ex- cited the most angry feelings, and a determination to take vengeance on the murderer whenever an oppor- tunity might present itself Howard, after the perpe- tration of the deed, went back to New Mexico. The exasperation of the Mexican inhabitants of San Elizario displayed itself in the beginning of November, when about 200 men collected with vio- lent demonstrations against Howard's bondsmen, from whom they demanded payment of the $12,000, and whose lives they threatened to take. Major John B. Jones, of the frontier battalion of Texan rangers opportunely arrived, and by his representations the malecontents were prevented from proceeding to vio- lence and agreed to disperse. On November 16th, Howard returned to El Paso where he surrendered himself, and was admitted to bail on a bond for $4,000. Somewhat later a train of wagons left San Elizario for the salt deposits, and were expected to return by December 12th. When Howard, who was at Mesilla, heard of this he deter- mined to enforce his rights, and on the evening of that day, with about 25 Texan Rangers, under Lieu- tenant J. B. Tays, entered San Elizario for the pur- pose of assisting the sheriff to execute writs of at- tachment on the cargoes of salt. Whereupon the Mexican population rose in arms, being presently joined by a number of Mexicans from the other side of the river. Howard and John G. Atkinson, one of his bondsmen, took refuge in the rangers' quarters, but Charles E. Ellis, another bondsman, while en- deavoring to do the same, was killed in the streets. On the following morning Sergeant C. E. Mortimer was shot while within 100 yards of the quarters, which were forthwith laid siege to by the rioters, and firin'r commenced. PERFIDIOUS MEXICANS. 521 The besiegers repeatedly demanded the surrender of Howard, which was as often refused, their intention to kUl him being well known. On the 1 7th, however, it appears that the position of the assailed was con- sidered so desperate that Lieutenant Tays and How- ard went out to confer with the rioters, who promised the latter his life if he would relinquish all claim to the salt lakes. As there was no one to interpret for them, Atkinson was sent for, and on his arrival some arrangement was made by him with the insurgents,''" upon which the rangers surrendered, whereupon they were immediately disarmed and confined. A meeting was now held by the ring-leaders, at which it was decided to put to death Howard, Atkin- son, and Sergeant McBride, a ranger who had made himself very obnoxious to the Mexican element. Thereupon these men were led out and shot, Howard first. Had it not been for the influence of Chico Ba- rela, the chief leader of the mob, all would have been killed ; as it was, the rangers were permitted to depart, stripped of their arms and equipments. The store and mill of Ellis were sacked, and other robberies committed, as usual on such outbreaks. Meantime the United States' district commander, Colonel Edward Hatch, hastened with troops to San Elizario, where he arrived on the 2 2d. He made such a disposition of his soldiers at Socorro, Ysleta, and Franklin as to stop all further violence, and restore order and confidence. Most of the principal actors in this tragedy escaped into Mexico, while several per- sons resisting arrest were killed by rangers sent after them by the sheriff. The Mexican authorities on the opposite side of the river seem to have been powerless to prevent their people from taking part in this riot. A large gathering had collected at El Paso, Mexico, to attend the annual fair held there December 12th, ■■'5 According to the account given by an eye-witnesa to the MemUa Inde- pendent, N. Max., Atkinson gave $11,000 in specie, currency, and drafts, on condition that he, Howard, and the rangers should be permitted to depart •without molestation. 8an Josi Pioneer, Aug. 24, 1878. 622 TEXAS RESTORED. and it was impossible to control the great number of bad characters that had assembled in the vicinity." At the election held November 5, 1878, Oran M. Roberts was chosen governor, Joseph D. Sayers lieu- tenant-governor, S. H. Darden comptroller, F. R. Lubbock treasurer, and W. C. Walsh land commis- sioner. George McCormick, George F. Moore, and M. H. Bonner were respectively elected attorney- general, chief justice, and associate justice. All these successful candidates were nominated by the state democratic convention, which had met at Austin in July. On retiring from the executive office, January 14, 1879, Governor Hubbard, in his message of that date, supplies the legislature with a succinct and clear ac- count of the financial condition of the state during the period from August 31, 1876, to September 1, 1878, from which it appears that the total receipts were $3,306,059.82 currency, and $81,297.10 in specie; the disbursements for all expenses of the government, in- cluding public schools and frontier defence, amounted to $3,227,362.55 currency, and $49,880.77 )ecie, leaving a balance in the treasury of $78,697. z,/ cur- rency and $31,416.33 specie. With regard to the public debt, he reported that it amounted to $5,086,783, of which $5,034,109 were bonded," and $52,674 float- ing, showing a decrease of $123,290. Indeed, the financial condition of the state was very favorable, her ** Fuller particulars will be found in U. S. H. Ex, Doc, cong. 45, sess. 2, xvii., nos 84 and 93. See also J. P. Hague's Acct, MS., and San Josi Pkmeer, ut sup. The Mexicans were finally obliged to submit to the tax, paying 81 per fanega — about 2^ bushels. M. Misc. Doc, cong. 47, sess. 2, ii. 1025. This affair is known as the Salt war. '1 Portions of the pubHc debt had been bonded at intervals from Nov. 19, 1866. On July 6, 1876, an act was passed to provide for the payment of the bonds due and returnable in the years 1876 and 1877, and to make provisions for the iloating indebtedness of the state, and to supply deficiencies in the reve- nue by the sales of these bonds of the state, and to make an appropriation to carry into efiect the provisions of the same. Under this act the governor was authorized to dispose of bonds to the amount of $1,675,000, payable 30 years from July 1, 1876, in gold coin, and bearing 6 per cent interest. Mes- sage, Jan. 14, 1879, 8. GOVERNOR ROBERTS. 523 credit being such that her bonds, bearing an interest of six per centum, sold in New York at a premium of two and a half per centum. _ The policy of Governor Roberts," as expounded in his inaugural address, aimed at important changes. He objected to positive laws limiting judicial discre- tion from fear of abuse of power; he deprecated the present system of procrastination in the sale of the public lands, thereby burdening the present genera- tion with taxes for the doubtful benefit of future gen- erations; and he advocated the disposal of the public lands at a fair value as soon as practicable, so as to meet the obligations of the government, increase the school and other funds, and relieve the present gen- eration from an onerous taxation, imposed for the dim prospect of a future good which would never be realized. On January 27th he sent a special message to the legislature on the judiciary, in which, like Coke, he advocated amendments of the constitution, one of which savored somewhat of a dislike to the utter overthrow of everything in the form of centralism. '' He recommended that district attorneys should be appointed by the governor, and be removable at his pleasure. His reasons were not without some force. "The district attorney," he said, "is peculiarly an '^Oran M. Roberts was bom, 1815, in S. C, and educated at the univer- sity of Alabama. Selecting law as his profession, he commenced practice in 1838 in that state, but in 1841 migrated to Texas. Having settled at San Augustine, he became district attorney in 1844, and district judge the year following. After annexation, he resumed the practice of his profession, which he continued until 1857, when he was elected one of the associate jus- tices of the supreme court. In 1861, he was chosen president of the secession convention, assembled at Austin, and in that capacity, acting under its au- thority, proclaimed Texas a free and independent state. In 1862, Roberta raised a regiment for confederate army, and was attached to Gen. Walker's division, but was afterward elected chief justice of the state. He was in the first reconstruction convention in 1866, and the ensuing legislature elected him to the U. S. senate, but he was not allowed to take his seat. He then resumed the practice of his profession. In 1874, the supreme court having been reorganized, he was restored to his position as chief justice, and was re-elected in 1876. Hartford's Tex. State Reg., 1879, 127; Om. Inaug. Ad., Jan. 1879, 11. '^ Gov. Coke also considered that the rebound from centralism had been too excessive. He wished the power of the executive not to be so much cur-- tailed. 524 TEXAS RESTORED. executive officer, representing the state; and, as the governor is required by the constitution to see that the laws are executed, he should be given full control of the attorney for the state to enable him to do it, and then he may be justly held responsible for it. As it is now, every district attorney and county at- torney in the state is an independent executive officer." " He was, however, unsuccessful in his attempt to have the constitution amended. On June 10, 1879, Governor Roberts convened an exta session of the legislature, and submitted no less than 39 different matters for its action thereon. The most important were : to make an appropriation for the annual payment of the interest on the public bonded debt, and for a sinking fund for the ultimate discharge of that debt; to provide for the sale of the public lands and those pertaining to the university, the free schools, and the asylums ; apd to make ap- propriations for the support of those institutions, out of the interest of the state bonds and railroad bonds, at that time amounting to over $3,000,000. Other matters were the amendment of old laws and the pas- sage of new ones for the better government of the country generally. The system of removal or extermination as applied to the Indians in Texas, has been thoroughly carried out. For many years after the removal of the Indian colonists in 1859, the frontier suffered from devasta- tions committed by wild tribes, which found a safe retreat in uninhabited regions of the United States and Mexico. '"* The Comanches and Kickapoos proved themselves conspicuously troublesome, the former claiming the country as their own, and the right to make raids into it. and the latter declaring themselves at '*Gov. Roberts' Message to the 15th Leflis., 1879, 13. " In 1866 permission was granted by the Mexican aathorities to Capt. Brotherton, to cross the frontier in pursuit of Indian marauders, ^ea;. Col. Leg., D. C, 63-7, iii. 3-6. BOUNDARY. 52§ war with Texas, though not with the United States. Within the territory of the state itself few Indians remained, since it appears that in 1870 there were only 500 Tonkawas and Lipans, and a few years later Texas was relieved from the hostile incursions of the Kickapoos, who were removed to a reservation on Indian Territory.'" Since that time all hostile Indians have been subdued, and by 1882 the remnant of harmless natives within the borders of the state had been reduced to 108 souls, men, women, and children." Under the terms of the annexation treaty of 1845, Texas retained possession of all vacant and unappro- priated lands within her boundaries ; but from that time to the present the boundary has not been defi- nitely settled. A dispute has occurred, arising out of the old treaty with Spain of February 22, 1819,'' in which the Red river is made the boundary between the 94th and 100th degree west longitude from Green- wich. At the date when this treaty was made but little information had been obtained respecting the region extending along the upper portion of Red river, nor was it known that the river was divided into two branches — now called the north and west forks — between the 99th and the 100th meridians. As late as 1848 all maps described Red river as a continuous stream, the north fork not being laid down upon them. By an exploration, however, made in '^ By act of congress, June 22, 1874. A portion of the Kickapoos refused to leave Mexico, where they had made their new home. A promise was given by the Mexican authorities to locate them on a reservation at such a distance from the border line as to prevent, with the supervision that would be exercised, any further disturbance from them. Prior to the civil war this tribe was located in Texas. U. 8. Sen. Misc., cong. 45, sess. 2, i., no. 23. ^' They were located in the vicinity of Fort Griffin, Shackelford county. They had no reservation, and were dependent to a, great extent upon the whims of the land owners of the surrounding country; had no stock, and lived in brush-houses and topees. They had always been friendly to the whites and were weU contented. An insufficient appropriation for their support was annually made by the U. S. government, and the citizens of Texas had assisted them from time to time. Sec. Interior Sept., 1882, 207, 400, 430; Id., cong. 41, sess. 2, 835, 893; U. S. Sen. Misc., cong. 41, sess. 2, doc. 136, 17, 21; H. Ex. Doc, cong. 47, sess. 2, xxi., no. 77, 64. =»Seepp. 46-7 this vol 526 TEXAS RESTORED. 1852 by captains Marcy and McClellan, under the direction of the war department, it was discovered that there were two main branches to the river proper; but, probably owing to the inaccuracy of their instruments, the explorers located the 100th meridian below the junction. In 1857 the commis- sioner of Indian affairs, who wished to know the boundary between the Choctaw and Chickasaw coun- tries, caused an astronomical survey to be made for the purposes of ascertaining the true meridian, which was found to be 80 miles west of the junction of the two forks, the surveyors designating Prairie Dog Fork, that is South Fork, as the main branch. Texas at once questioned this designation, and congress passed an act, approved June 5, 1858, authorizing the president in conjunction with the state of Texas to mark out the boundary line. Commissioners on both sides were appointed who proceeded to do their work in 1860. No agreement, however, could be arrived at, and Texas, adopting the report of her commis- sioner, established the territory in dispute — about 2,000 square miles in area — as a county under the name of Greer.'" In 1882 a biU was before congress seeking to establish the North Fork as the true boundary, but hitherto no settlement of the question has been attained. Meantime complications have arisen, through persons claiming to exercise rights on the disputed land under the jurisdiction of the state of Texas; conflicts have taken place, and blood has been shed, owing to procrastination in the adjustment of the disputed claim." On the 16th of January 1883 John Ireland, having been chosen governor, assumed office and was suc- ceeded, in January 1887, by L. S. Ross. No state in the Union has passed through more political vicissi- 5' In an act of congress of Feb. 24, 1879, 'to create the northern judicial district of the state of Texas,' etc., Greer county is included in the district U. 8. Statutes, 1878-9, 318. ^'The question having been agitated for so many years the references re- specting it are very numerous. The above sketch is derived from Sec Interior Sept, 1882, 15; Cf. S. H. Septs, cong. 47, sess. 1, v., no. 1282. MANY FURNACE FIRES. 527 tudes than Texas. During the present century her people have fought and bled under no less than five different national flags, representing as many different governments. First we find her with a sparse popu- lation among which might be found some few indi- viduals of the Anglo-American race, under the royal standard of Spain, ruled by monarchical laws; next the eagle of the Mexican republic dictates the form of government, and exasperates by oppression the free- spirited settlers from the United States ; then follow revolt and a short but sanguinary struggle for inde- pendence, terminating in the establishment of the Texan republic with its emblematic lone star flag. After a brief existence, however, as a sovereign nation, Texas was content to repose beneath the standard of the stars and stripes, which in turn she threw aside to fight under the confederate banner. Such is the outline of her career. The land which was once the abode of savages has been converted into a civilii^ed country which will prove a center of human development. CHAPTER XX. INSTITXJTIONAL AND EDUCATIONAL MATTERS. 1835-1888. Rapid Progress — Population — Social Advancement — ^Decrease or Crime — The State Capitol — The Huntsvillb Penitentiaiit — Re- form OP Abuses — Rusk Penitentiary — Charitable Institutions — Asylum fob the Deaf and Dumb— The Institute por the Blind — Insane Asylum — Development of Education — Appropriations for THE Establishment op Free Schools — The Public School System — Statistics — Founding of the Texas University — The Agricultubal AND Mechanical College — First Protestant Chukches — Marriage by Bond Legalized — Ecclesiastical Statistics — First Printing Press in Texas — Early Newspapers — Texas Editorial and Press Association. Short as has been lier life, the commonwealth of Texas has had a varied experience ; first as the border- land of contending colonies, then a lone republic, as member of the great federation, member of the south- ern confederacy, and finally reinstated as one of the still unbroken union. The annals of her past career, as we have seen, are replete with stories of romantic events, and persevering struggles to shake oflF the leaden weight of impeding influences, and elevate her- self to the proud level of advancing civilization. Her future is bright; she has entered the broad highway of universal progress, and henceforth her march will be one of unprecedented prosperity. A marvellous rapidity has already marked her onward course to wealth and happiness. Probably there never was a country which entered upon the long and brilliant progressional career which we may confidently look forward to in this instance, under more favorable ( (528 ) DEVELOPMENT. 529 auspices than this state. Although older than any of the more northern Pacific states, it has developed more slowly, and has avoided many of their mistakes. The great curse of California is not here entailed. The people are still freemen, and the law-makers and public officials are their servants. There is little or no public debt; their public lands are their own, and they have not all fallen into the hands of sharpers and speculators; they rule the railroad companies instead of being ruled by them; unjust and oppressive monopolies are not permitted. Here are the seeds of life instead of the elements of disease and death. With her vast area of tUlable and grazing lands, a people rapidly increasing in numbers, wealth, and re- finement ; with young and healthy institutions resting on honest republican foundations; with a determina- tion on the part of the people to admit within theu" borders no species of despotism, no form of tyranny, there is no height of grandeur to which this common- wealth may not reasonably aspire. Indian depredations on the frontier have ceased, and cattle-raiding on the Rio Grande border-land will soon be a trouble of the past ; lawlessness and crime are yielding to fearless administration of justice and the application of the laws, and order is sweeping from her path the refuse that for decades obstructed the progress of large portions of the state. The advancing strides made by Texas since the civil war, toward the goal where lofty aspirations will win the prize of unalloyed prosperity, are strikingly exhibited by official statistics on population, agricul- ture, commerce, industries, and developing enterprises. According to the census returns of the United States, the total population of Texas in 1860, was 604,215; in 1888 it could not be far short of 3,000,000. From the same source it appears that in 1860, there were 51,569 farmers, 2,576 stock-raisers, 2,223 merchants, and 1,502 school teachers. In 1880 there were 200,- 404 farmers and planters, 14,031 persons engaged in Hist. Mex. States, Vol. II. 84 530 INSTITUTIONAIi AND EDUCATIONAL MATTERS. stock-raising, including drovers and herders, 10,964 traders and dealers, exclusive of clerks and employes in stores, and 4,334 teachers.' In connection with this extraordinary increase of population, due mainly to immigration, it will be proper to compare the social and political condition of the people with what it was quarter of a century ago, — as described in chapter XV of this volume — and just subsequent to the war. During the reconstruction period the condition of the people of Texas, from all points of view, may be considered to have reached its lowest ebb. The sudden elevation of the freedmen to the rights of citizen- ship and suffrage, overwhelmed for a time the white population at the polls, and the colored inhabitants with their partisans, the "black leaguers," carried their candidates for all state offices. As a result of this abrupt change from slavery to political equality with the whites, not only was a conflict between the two races inaugurated, but the debased negroes, no longer debarred the use of spirituous liquor, under its influence incessantly, engaged in frays among them- selves, which generally terminated in bloodshed. The number of murders committed during this period was unparalleled in any epoch of Texan history, as I have 'The folio-wing table, made from the U. S. census returns, will enable the reader to mark the rapid increase in population: 1850 I860 1870 1880 White 154,034 58,558 420,891 182,921 403 564,700 253,475 379 25 1,197,237 Black 393,384 Indian 992 Chinese 136 212,592 604,215 818,579 1,591,749 According to the state bureau of statistics, the population in 1884 was 2,215,700, sliowing an increase at the rate of over 155,000 a year. W. 0. Hamilton, representative in the legislature from Comanche and Brown counties, has lately introduced among other important bills, one to provide for the taking of a state census, with a strong probability of its be- coming a law. Hamilton was born in Georgia, June .SO, 1854, ^vas admitted to the bar in 1879, in which year he went to Texas and settled in Comanche county. In 1880 he was elected county attorney, and iu Nov. 1884, to the legislature, Biog,, MS. SOCIETY. 531 shown,' and what was worse, the judiciary was inade- quate to punish. Intimidation ruled the law courts, party spirit swayed the jury boxes, and local public passion dictated verdicts. Hence lynch law was more operative than the penal code. But this chaos was not destined to endure. The flood of immigra- tion which set in from the states and all parts of Europe after the war, soon turned the scale. It mat- tered not whence the immigrant came, he was ready to support the white race against the black leaguers. A "white league" started into existence, and in 18 7 4 was triumphant. The short-lived supremacy of the black league was destroyed forever in Texas. Since that victory, hundreds of thousands of new settlers have made Texas their home, and their ad- vent has tended, more than any other cause, to sup- press lawlessness and crime, and build up an orderly and law-abiding community. Drawn from countries where the rigid laws of monarchical governments compelled obedience and secured order, or proceeding from older states where well-regulated society had developed under the more liberal principles of repub- licanism, they brought with them an abhorrence of savagism and a love of social fraternity. They wished to pursue their industrious and progressive vocations in peace, and turbulence found no encouragement among them. Thus it was that, under the new constitution of 1876, a code of laws, as stem in the punishment of crime as those prescribed in any civilized country, has been framed; and more than this, in Texas to-day, the laws against criminals are enforced with a degree of vigor and undeviating justice observable in no other 2 Hep-worth Dixon writing in 1875 saya: 'We learn on good anthority, that there were 3,000 murders in Texas last year, and that nearly all these murders were committed by negroes on their brother blacks. ' White Conquest, i. 331. It is to such superficial enquirers and writers as Dixon, who are apt to accept and put into print any wild information supplied to them, that Texas is indebted for much of the bad reputation which she gained at one ti m e. But if this gross exaggeration were true ; if indeed, all the African voters had killed each other, instead of only 3,000; and if the low Irish voters had done likewise, the world would still turn round, and United States politics would be as pure as it now is. 532 INSTITUTIONAL AND EDUCATIONAL MATTEKS. state of the union.' Nevertheless, the people are still ready to take the law into their own hands. Mur- derers caught red-handed, horse-stealers, and ravishers of women are apt to have justice summarily dealt out to them by a crowd of indignant citizens, who, when the case is clear, are too impatient to tolerate the slow process of the criminal courts.* Under the in- fluence of this judicial spectre, threatening immediate punishment, and the prompt and reliable application of the laws in the tribunals, crime in Texas is decreas- ing in a marked degree.* ' For instance: the punishment for rape is death. On July 5, 1883, a man ■was hanged for this crime in Ysleta, El Paso county. He was a discharged soldier, on his way through the country to the eastern states. * During the six months ending June 30, 1885, no less than 31 persons were lynched in Texas. The number of scoundrels thus executed in all the states and territories during the same period was 99, Texas heading the list, followed by Tennessee and the Indian Territory, each with seven. Of the total number thus put to death, 58 were white and 41 black. The crimes they suffered for were: murder 44, horse-stealing 31, rape 14, incendiarism 3, train-wrecking 2, murderous assault 2, unknown reasons 2, and 1 for bur- glary. S. F. Bulletin, July 23, 1885, copied from CMcatjo Trilmne. ^ By consulting the following tables of criminal statistics for the four years succeeding the adoption of the new constitution, the reader will be able to form a comparative estimate of the proportionate decrease of crime as regards increased population, and the increase of convictions, thereby showing the growing efficiency of the tribunals. INDICTMENTS Murder . . Theft .... Arson . . . . Perjury.. Rape . . . . . Eobbery . Forgery . . Burglary . Totals. CONVICTIONS Murder . . Theft.... Arson . . . . Perjury. . Eape Robbery . Forgery . . Burglary . Totals . 1877 1878 1879 398 549 344 2,260 2,371 2,081 26 24 19 82 90 79 53 53 34 51 49 47 85 256 155 175 154 183 3,130 3,546 2,942 115 71 122 471 558 651 5 7 5 3 1 10 11 9 16 13 24 9 9 17 19 58 61 82 641 799 907 1880 259 1,758 23 74 44 99 131 204 2,592 88 483 5 5 9 18 36 94 738 From the above showing, it appears that whereas in 1877 there were 3,130 indictments with only 641 convictions, in 1880 the indictments had decreased to 2,592, and the convictions increased to 738. This shows that a healthy HOSPITALITY AND REFINEMENT. 533 In other respects progress in Texas is equally- marked. The log huts have given way to comfortable frame buildings on well-fenced farms, while villa resi- dences of wealthy agriculturalists adorn the country, and in the cities fine edifices and spacious public buildings have been erected. The state capitol at Austin, when completed, will rival in dimensions and magnificence any other edifice of the kind in the United States, with the exception of the national capitol at Washington. ° With all this advancement in wealth and elevation, the former characteristics of the Texans still prevail. Hospitality is yet a prominent virtue, and the respect- able stranger or visitor is received with a genuine welcome. He may be called upon to give some ac- count of himself, but inquiries leading to such infor- mation — ^necessary as a provisional safeguard consid- ering the condition that Texas has emerged from — are never impertinently made or inconsiderately pressed. The example set by the southern element in hospitality and other virtues is not without effect judicial tone has been inaugurated, but that there is still room for improve- ment. * By a provision of the constitution of 1876, art. xvi. sec. 57, 3,000,000 acres of the public domain were appropriated for the purpose of erecting a new capitol and other necessary buildings at the seat of government, the lands to be sold ixnder direction of the legislature. The lands appropriated by legislative act, approved Feb. 20, 1879, amounted to 3,050,000 acres, and are situated in the section known as the Panhandle of Texas, being included in the counties of Dallam, Hartley, Oldham, Deaf Smith, Parmer, Castro, Bailey, Lamb, Cochran, and Hockley. In reply to an advertisement of Nov. 20, 1880, for plans and specifications, eleven designs were sent in, that of E. E. Myers, architect, Detroit, Michigan, being adopted. The form of the building is that of the Greek cross, with a rotunda and dome at the intersec- tion. Its length is 562 feet, exclusive of porticos, and its greatest width 274 ft. Besides the basement and dome, it will comprise three full stories. Ac- cording to the contract, work was to commence on or before Feb. 1, 1882, and the edifice to be completed and delivered on or before Jan. 1, 1888. The contractor, Mattheas Schnell, of Rock Island, 111., engaged to erect the build- ing according to the plan and specifications for the 3,000,000 acres of land. The additional 50,000 acres appropriated by the legislature were set apart to defray the expenses of surveying. Conveyances of lands are made to the contractor by instalments, as the specified requirements as to time and work done are complied with. The original contract has imdergone various modi- fications. The comer-stone was laid March 2, 1885, being the anniversary of the independence of Texas. Tex. Eept Cap. Building Com., Jan. 1, 1883, and 1885. 534 INSTITUTIONAL AND EDUCATIONAL MATTERS. on immigrants from foreign climes. While imitating these high principles the latter bring with them a tranquillizing influence, steadily operating in the direction of a higher order of civilization. A na- tional character is gradually being developed by amal- gamation, objectionable distinctions are gradually van- ishing, and refinement is taking the place of coarse- ness.' The day is not far distant when the white people of Texas will be a community homogeneous in feelings, principles, and aspirations. Texas has passed through the furnace of an ill-considered problem ; has been worsted in the argument conducted by bayonet, sword and cannon, and has accepted the result. No spot on earth is more favored with all the resources needed for an advanced condition of progressive devel- opment than is Texas, and her people have long since settled down to their pursuits amid the enjoyment of permanent tranquillity. With reference to the criminal statistics given above, it is proper to make some mention of the state penitentiaries. The first provisions for the establish- ment of such an institution was made by the legisla- ture in 1846. In the following year work was com- menced at Huntsville, and 11,000 square yards were in time inclosed with a brick waE. and buildings erected containing 240 cells, the first convict being incarcer- ated October 1, 1849. During the following decade only 412 malefactors were committed, and on Sep- tember 1, 1860 there were no more than 200 convicts in prison. The system adopted by the state government was to make the penitentiary self-supporting by convict labor, and in 1856 machinery and suitable buildings were erected for the manufacture of cotton and woolen goods, work commencing in the factory in June of that year.° From this time to the close of the civil ' Said an English settler to Hepworth Dixon more than ten years ago, '•we drink less liquor, and invoke more law.' WUte Conr/., i. 336. 8 Provision -was made for the establishment of this factory by the legisla- STATE PRISON. 535 war the income derived was greatly in excess of the expenditure. ' During the reconstruction period the number of convicts so increased that there was neither room nor employment for them within the walls of the peniten- tiary/" and recourse was had to employing the sur- plus on the railroads — a system strongly deprecated by Governor Davis." Moreover, the annual expenses began to exceed the income at a gradually increasing rate, and on July 5, 1871, the penitentiary was leased to Ward, Dewey & Co. for the term of fifteen years." This was neither a humane nor enlightened policy, the convicts being submitted to systematic maletreat- ment. They were ill fed, badly clothed, hard worked, and much abused. The charges of inhumanity be- came so repeated that in April, 1875, the govern- ment appointed a committee to investigate and report upon the condition and general administration of the penitentiary. The result was that a mandatory law was passed by the fifteenth legislature requiring the governor to resume possession of the Huntsville peni- tentiary, and on April 2, 1877, the lessees surrendered the control of it to Governor Hubbard. After this lamentable failure of the lease system it is surprising that the government should have persisted in it ; yet the penitentiary was again leased December 16, 1877, to E. H. Cunningham, of Bejar county. ture in 1854. All possible labor such as brickmaking ■was performed by the convicts, by whom also most of the work was done in the erection and ex- tension from time to time of the penitentiary. ° For the 23 months ending Aug. 31, 1859, goods were manufactured to the amount of |169,365, yielding a profit of 114,849. This was the produc- tion of 40 looms. During the war additional machinery was set up, and the superintendent, Thomas Caruthers, in his report to the legislature of Aug; 31, 1863, states that in 21 months 2,233,587 yds of Osnaburgs, 405,025 yds cotton jeans, and 322,890 yds Kersey and other goods had been manufac- tured. The income amounted to $1,521,687, far exceeding the expenditures. ^^ In 1865 the number of convicts was 118; in 1870 it was 489 and 994 in 1871. " See his message of Apr. 29, 1870, no. 5 in Tex. Gol. Doc, no. 2. '2 The leseees were to pay the state annually |5,000 during the first five years; |10,000 during the next five years, and |20,000 during the last quinquenniunL, 536 nSTSTITUTIONAl, AND EDUCATIONAL MATTERS. It had long been evident that additional institu- tions of the kind were necessary, as the existing one contained accommodation for little more than one fourth of the convicts.'' In 1875, therefore, provis- ion was made for the establishment of two others, one east of the Trinity, and one west of the Colorado. The first was established and located near Rusk, 5,000 acres of land having been purchased in the vicinity of that town, and the necessary buildings erected. The Rusk penitentiary was completed in January, 1879; it contains 528 cells, has attached to it a library and epidemic hospital, besides the general hospital, and cost the state $160,000. This additional means for the confinement of pris- oners has done much toward the suppression of crime in Texas. There is no longer an avenue of escape open to the majority of convicted criminals as was the case before the erection of the Rusk penitentiary, and the risk which malefactors tabs of meeting with their deserts, without chance of evasion, is so largely increased that it constitutes one of the factors which regulate the decreasing ratio of crime to population. With regard to the administration of these institu- tions, owing to the enlightened policy of Bamett Gibbs" and his supporters in the legislature, the sys- tem of leasing the penitentiaries has been done away with. On April 18, 1883, an act to provide for the more efficient management of the Texas state peni- tentiaries was approved, the third section of which enacts that "no lease of the penitentiaries, or either ^^On Jan. 1, 1876, the total number of convicts was 1723, of which only 443 were employed in and immediately around the prison, tlie remainder were laboring on farms, railroads, and in saw mills. From Sept. 1, 1874, to Jan. 1, 1876, 266 convicts escaped and 28 were killed in attempting to escape. Gov. Coke's Mm., Apr. 1876, 42. '■' He was born in Yazoo city. Miss., May 19, 1851, his father being Judge Hugh D. Gibbs, and his grandfather Gen. Geo. W. Gibbs, both prominent in that state. Bamett Gibbs graduated at the university of Virginia in 1871, and also at the Lebanon Law College in 1873, when he went to Texas and settled in Dallas, where he was elected city attorney in 1873 and twice reelected in 1877 and 1879 respectively. In 1SS3 he was chosen senator to the state legislature from that county, and in Nov. 1884 was elected lieuteu- ant-gov, by a majority of 132,000 votes, Biog. Shtcli, MS. DEAF MUTES AOT) BLIND. 537 of tliem, shall hereafter be made, and the state shall resume control thereof" The law was to take effect after passage." Enactments were passed in August, 1856, for the establishment of charitable institutions. The appropria- tions were sufficiently liberal for the requirements at that time, an endowment of 100,000 acres of land and $10,000 being granted for support to each asylum to be erected for the deaf and dumb, the blind, and for orphans.'" For a lunatic asylum $50,000 of United States bonds were appropriated for the erec- tion of the buUding, a similar quantity of land being also donated. The institution for the deaf and dumb was opened January 2, 1857, I. Van Nostrand, of New York, be- ing appointed the first principal. Instruction com- menced with only three pupils which number had increased to seventy-one by October 31, 1880, and John S. Ford, the superintendent, in his report of that date, believed that the future annual increase would be nearly 100 per centum. Under an act of the fourteenth legislature the experiment of teaching the deaf mutes the printer's art was made and pro- duced most favorable results. The pupils soon proved themselves apt scholars in type-setting and press work, and Ford considered that if allowed to finisli their education in this branch they would success- fully compete with the best practical printers. Other mechanical arts taught in this asylum are mattress- making, book-binding, cabinet-making, shoe-making, and some others. A similar system of instruction is pursued in the education of the blind, but these unfortunate beings labor under greater disadvantages than the deaf and 1^ Tex. State Pmiten. Rules, 1883. The lease to Cunningliam expired Jan. 1, 1884; consequently since that date the penitentiaries have been under the control of the government. '" In regard to an orphan asylum, in 1868 such an institution was opened at Bayland, Harris county, by the Rev. Mr Preston. In 1873 the legislature donated to this institution a portion of the land set apart in 1856 for an orphan asylum. Thrall, 736. 538 ESrSTITUTIONAL AND EDUCATIONAL MATTERS. dumb; progress is slower, and most mechanical occu- pations are beyond their requirement. Nevertheless they soon become proficient in making baskets, brooms, and chairs; they are also taught music and telegraphy, in the former of which they make especial progress. This institute went into operation in 1858, with ten pupils in attendance, a commodious house being rented in Austin until the state building was completed. In that year the legislature added $6,500 to the supporting fund, and appropriated $12,500 for the purchase of a site and the erection of the build- ing, which was finished by December 1860. During the war means were wanting for the successful opera- tion of this establishment, but $9,600 were expended in 1867 in repairing the building, and the sixteenth legislature appropriated $7,500 for the erection of additions thereto. In January 1879, sixty-eight blind persons were in attendance ; since that time the insti- tute has progressed in proportion to the necessity for providing for the relief of this helpless class. Both this institute and that for the deaf and dumb are situated in the vicinity of Austin. The site selected in 1857 for the lunatic asylum lies three miles north of Austin. The plan adopted for the construction of the building was such as to admit of additions being made to it from time to time without marring the symmetry of the whole. Glasscock and Miller, of Austin, obtained the first contract by which they engaged to erect three sections for the sum of $47,514. The first superintendent was C. G. Keenan, who held office from 1858 to 1862 when Dr Stein er succeeded him. During that period 67 patients had been admitted, of whom 49 were males and 18 females. After the abolition of slavery in Texas additional premises were required for the admission of freedmen, and in 1867 what is known as the Cross property was purchased and improved at a cost of 135,000, The completion of the original plan of the building having been prevented by the civil war. SCHOOL LAND GRANTS. 539 $20,000 was appropriated in 1870 for the erection of the remaining sections. In that year the inmates were 83 in number, which by August 31, 1878, had increased to 275." With the growth of population the necessary additions have been made to accommo- date the increasing number of applications for admis- sion into the asylum. It may be asserted without cavil that previous to the independence education was a dead letter in Texas," and in their statement of grievances in the declaration of independence, the colonists made the failure of the Mexican government to provide means of instruction, which had been promised for their children, one of the many grounds of complaint. No sooner, however, was the victory won than the Texans in their constitution of 1836 declared that it should be the duty of congress, as soon as circumstances would admit, to provide by law a general system of education. Accordingly, in January 1839, the congress of the new republic assigned three leagues of land to each organized' coimty, and in the following year an addi- tional league, for the purpose of establishing primary schools. By the same act, fifty leagues of land were devoted to the establishment of two colleges or uni- "The total resident number of lunatics during the fiscal year ending Aug. 31, 1878 was 370, thus exhibited: Patients discharged restored 58 Patients discharged improved 21 Patients discharged unimproved 4 Patients died 12 Remaining 275 370 Gov. Hubbard's Mes., Jan. 14, 1879, 37. 1' Almonte, in his report of Jan. 1, 1835, states that a school had existed in Bejar, supported by the ayuntamiento, but it had been closed from want of funds; that there was a private one near Brazoria with 30 to 40 pupils, which was supported by subscriptions; and that there were three primary schools respectively at Nacogdoches, San Agustin, and Jonesburg. He re- marks that those colonists who could afford the expense preferred to send their children to be educated in the U. S. ; those who could not, cared little about instructing their sons in matters other than felling trees and hunting wild game. JVot. Estad. Tej., 40, 64^5, 76. 540 INSTITXJTIONAL AND EDUCATIONAL MATTERS. versities, to be thereafter created. In February 1840, a law was passed making the chief justice and two associate justices in each county a board of school commissioners, whose duty it was to organize their county into school districts, inspect schools, examine teachers, and give certificates of qualification and character to deserving applicants. Under this basis, it seems that schools were established in the more settled counties." But a thorough system of general education in Texas was of slow growth, owing at first to sparseness of population, and later to set-backs caused by the disorders created by the war with Mexico, and that of the secession. When Texas entered the union, it was provided by the new constitution of 1845 that the legislature should, as early as practicable, establish free schools throughout the state, and furnish means for their support by taxation on property ; that not less than one tenth of the annual revenue of the state derived from taxation should be set apart as a per- petual fund for the same purpose ; and that the lands already granted for public schools should not be alien- ated. But the confusion which presently set in pre- vented anything from being done till January 1854, when an act to establish a system of schools was ap- proved, and $2,000,000, in five per cent United States' bonds, were set apart as a school fund. Under this act, a system was organized," which continued in operation till the civil war broke out, when again confusion prevailed, most of the public schools being closed during that period. On emerging from the civil strife, Texas found her- ^'The U. S. census of 1850 shows that 349 public schools were reported as existing ia Texas, with 360 teachers and 7,946 scholars. 2" According to the U. S. census of 1860, there were 1,218 public schools in Texas at that time, with 1,274 teachers and 34,611 scholars. The school income amounted to ^14,168, of which $6, 743 were derived from endow- ments, $15,847 from taxation, and $58, 394 from public funds, making i?S0,984, leaving $333, 184, which doubtless came from tuition fees paid by the parents. The schools, therefore, were not yet free schools, properly speaking. CONSTITUTIONAL PROVISIONS. 541 self without resources, and her school fund wasted ; " but she devoted herself at once to the task of repair- ing the evil. Under the constitution of 1866, all funds, lands, and other property previously set apart for the support of the free school system were rededi- cated as a perpetual fund. It furthermore devoted to that fund all the alternate sections of land reserved out of grants to railroad companies and other corpora- tions, together with one half of the proceeds of all future sales of public lands. The legislature was de- prived of the power to loan any portion of the school fund, and required to invest the specie principal in United States bonds, or such bonds as the state might guarantee ; and it was authorized to levy a tax for educational purposes, special provision being made that all sums arising from taxes collected from Afri- cans, or persons of African descent, should be exclus- ively appropriated for the maintenance of a system of public schools for the black race. Provision for the university was renewed; a superintendent of public instruction was directed to be appointed by the gov- ernor, who, with him and the comptroller, should con- stitute a state board of education, and have the general management and control of the perpetual fund and common schools, under regulations thereafter pre- scribed by the legislature. The constitution of 1868 did not materially alter these provisions, except in one marked particular, and that was in the significant omission of the provision appropriating the taxes paid by colored persons for 2' Nearly all the $2,000,000 in U. S. bonds appears to have been lost by injudicious loans to railroad corapanies before the outbreak of the war. Gov. Throckmorton, in his message of Aug. 18, 1866, says: 'There is also in the treasury, due the school fund, $1,753,317, interest-bearing bonds of railroad companies, with interest due upon said bonds up to March 1, 1866, amount- ing to $300,209.89. I am unable to form an opinion as to the probability of the payment of this interest.' Gov. Davis, in his message of Apr. 28, 1870, includes in the school fund $2,742,198, principal and interest, due from rail- road companies. He remarks: ' I suppose upwards of two millions of the total due by the railroads could be realized with certainty.' He recommends % sale of all the roads indebted to the school fund. 542 INSTITUTIONAL AND EDUCATIONAL MATTERS. the support of schools for their children. The schools were made free to aW^ Under this constitution a law was passed August 13, 1870, directing the governor to appoint a superin- tendent of public instruction, to serve until the next general election, and ordering that thenceforward that official should be elected by the people, to serve for a term of four years ; each organized county was made a school district, and each county court a board of school directors, which, subject to the direction of the state superintendent, were charged with the duty of dividing it into sub-districts. The schools were to be open at least four months in the year, and the di- rectors were to see that all children between six and sixteen years were to attend, unless instructed else- where. One-fourth of the annual state revenue from taxation, an annual poll-tax of one dollar, and the in- terest on the perpetual fund, were set apart for the support of the schools. In April and November 1871, amendments were made to this law. The state superintendent was directed to appoint for each judicial district a super- visor of education ; and the board of education — ^the attorney general now taking the place of the comp- troller — ^was directed to apportion anew the territory of the state into educational districts not exceeding twelve in number ; all existing supervisors were to be retired, and one for each of the twelve districts ap- pointed, whose duty it would be to examine teachers, and re-subdivide the counties in his jurisdiction into districts, appointing for each five school directors, with the approval of the state superintendent. These directors might levy taxes not exceeding one per centum, for the erection of school-houses. A penalty of $25 for non-attendance at school was ordered to be ^^ Art. ix., sec. 1, of the constitution reads thus: It shall be the duty of the legislature of this state to make suitable provisions for the support and maintenance of a system of public free schools, for the gratuitous instruction of all the inhabitants of this state between the ages of six and eighteen. U. S. Glvirt. and Constit., pt 2, 1814. SCHOOL STATISTICS. 543 collected from the parents of non-attending children. Under this system schools began to increase rapidly in number." During the years 1S73 to 1875 inclusive, consider- able changes were again made. The government was now democratic. The state superintendency and county boards of directors were retained, while the state board of education and supervisors of large dis- tricts were suppressed, and the trustees of each school district were ordered to be elected by the voters of the district. Under this reformed system, the control of the schools, management of the funds, the adoption of the method of education, and other matters connected with free tuition were placed in the power of the people, who elected their immediate agents. The en- rollment in the scholastic year 1874-5 was 124,567 pupils, under 3,100 teachers in 2,924 schools. By the constitution of 1876 some changes were again effected, both as regards the perpetual fund and the system. Instead of one half of the proceeds of sales of public lands being set apart for the fund, it was directed that one-half of the public domain should be donated to it ;" all lands granted to counties for the support of schools were made the property of the counties respectively to which they were granted," and the proceeds when sold were to be held in trust ^Jn Dec. 1871 there were 1,324 schools, with 1,578 teachers, and 63,504 scholars. The report for the following year showed 2,000 schools, with 127,- 672 enrolled scholars under 2,233 teachers, ff. Ex. Doc, cong. 44, sess. 2, iv., pt 2, 385-6. 2* This change was introduced by A. T. MoKinney, who was a member of the constitutional convention of 1875. McKinuey was bom, March 18, 1838, in Randolph county, lU. His father, who was president of West Tennessee College, migrated with his family to Texas in 1850. The son graduated at Princeton in 1'858, and was admitted to the bar in 1861. He served as a private soldier in the confederate army for two years, and on his return to Texas settled in Huntsville, and there practised his profession. In 1882 he was appointed regent of the university of Texas; was elected to the house of representatives, taking his seat in Jan. 1883. In the 18th legislature he in- troduced the measure which endowed the state university with 1 ,000,000 acres of land. MoKinney has made various suggestions, recommending a new pla,n for the government and control of the puWic school system. 2* By the constitution of 1868, the public lands given to counties were placed under the control of the legislature, and when sold the proceeds were to be added to the public school fund. 544 INSTITUTIONAL AND EDUCATIONAL MATTERS. by the counties, for the benefit of public schools therein. Separate schools were to be provided for the white and colored children, and impartial pro- vision made for both ; and the board of education was restored to be composed of the governor, comptroller, and secretary of state/" Under these provisions laws were enacted for the carrying out of the same. At a specially called ses- sion of the legislature, January 1884, improvements in the system were effected. The office of state sup- erintendent was reaffirmed, the superintendent being made the official secretary of the board of education; boards of examiners of teachers were provided ; and colored school communities were given the right to have trustees of their own race for their schools." In 1884 county school affairs were superintended by county judges, and in cities and towns the boards of aldermen had the exclusive power to regulate and govern the free schools within their limit. Austin, Gralveston, Houston, and the larger cities have school superintendents. The system of free schools in Texas has firmly fixed itself in public esteem. According to Spaight's offi- cial map of December 1, 1882,^* the principal of the perpetual school fund amounted to $4,166,383, in cash and bonds ; the amount of land pertaining to the same was 33,000,000 acres, besides 4,002,912 acres given to 2' By the school law of 1883, this board was authorized to appoint a secre- tary with a salary of $1,800 a year. U. S. Sept. Com, Educ, 1883-4, 262. Benjamin E. Baker, was made secretary in Jan. 1883, and held that oflSce for 18 months; the office of state superintendent of public instruction was then created by act of the 18th legislature in extra session, and in Nov. 1884, Baker was elected to it by a majority of 181,016 votes. He prepared the public school law in force at the time of writing, 1886. Baker was born in Russell county, Alabama, Jan. 20, 1851, migrated to Texas at the age of 18, practised law in the town of Carthage, and in 1876 was elected to the 15th legislature, was reelected, and served during the 16th and 17th legisla- tures, when he declined reelection and moved to Decatur. " The f ramer of this law was A. J. Chambers, who was born in Missis- sippi in 1835, and went to Texas in 1853, where he was engaged in school teaching for ten years. In 1882 he was elected to the ISth legislature, and served to Jan. 1885. 2' In Tex. Resources, Soil, and Climate, being the report of A. W. Spaight, the commissioner of insurance, statistics, and history, for the year 1882. UNIVERSITY. 545 the counties; and the apportionment for tne scholastic year 1882-3, to counties, cities and towns was $1,086,- 273. Yet as late as 1884, the expenditure was not wholly covered by the public school fund, some amount being paid teachers from private sources,"" At Huntsville is established the Sam Houston Normal Institute, which offers a three-year's course of strictly professional training, aiming to furnish com- petent teachers for the public schools. Although provision was made for the establishment of a university as early as 1839,'" nothing was done till 1881, when at the election held September 6th, Austin was selected as the location." Steps had been taken by the legislature on March 30, 1881, when an act was passed providing for the organiza- tion of a board of regents and appropriating $150,000 for the building, and $40,000 for the purchase of library and furniture. In September 1883 the uni- versity was opened,'^ yoimg men and women being "In the scholastic year 1883-4, the expenditure for public schools was- $1,661,476 against |1, 150,332 for the preyious year. The net available school fund estimated for the year beginning Sept. 1, 1885, was $2,232,272. The foUowiag statistical summary is derived from reports sent from only 125 counties out of 166. The failure of so many county judges to report school statistics, — according to the explanation given by the superintendent — is owing to the fact that those officers had not time for such duties. NO. OF SCHOLAES. NO. OF SCHOOLS. NO. OF TEACHKEIS. White. 112,569 148,639 Colored. White. Colored. 1882-63 40,473 56,160 3,996 4,399 1,181 1,432 5,037 1883-84 6,369 Prominent among the colored teachers is Prof. I. M. Terrill, the principal of school No. 6, at Fort Worth. TerriU is the son of a freedman, and was bom at Anderson, Grimes county, Jan. 3, 1859. Educated in the common schools of Anderson, he entered Strait's University at N. Orleans, from- which he graduated in June 1881. The children in his school take the same grade, and pass examinations equal to those passed by white children. E,. E. Moore, the principal of the Keller academy, considers that the public schools of Texas have taken a high position, and will continue to improve yearly. He believes that a compulsory law — not existing at present — would be highly beneficial. Maoris Oiser., MS. 80 By the constitution of 1876, 1,000,000 acres of land were set apart, in addition to the 50 leagues previously appropriated, to conntitute a perpetual university fund. The total number of acres appropriated was 1,219,906^. Tex. Univer. VoteSoc, 1882, 6. *i The number of votes cast in favor of Austin was 30,913, Tyler having 18,974. At the same time Galveston received the majority of votes for the location of the medical department. 82 The board of regents consisted of Ashbel Smith, president; T. M. Har- - Hist. Mex. States, Vol. II. 36. S46 INSTITUTIONAL AND EDUCATIONAL MATTERS. admitted on equal terms, tuition free. The academic department comprises instruction in literature, sci- ence and the arts,"'' the course extending over four years. In June 1885, the number of students was 206, of whom 55 were law students; of the remaining 151 nearly one third was represented by females." Special mention must be made of the Agricultural and Mechanical College, located four miles from Bryan, Brazos county. It was incorporated by an act of the legislature approved April 17, 1871, con- gress having granted November 1, 1866, 180,000 acres in land scrip for its foundation. The fund derived from this donation amounted in 1872 to $174,000, which were invested in bonds of the state bearing 7 per centum in gold. By successive appro- priations, made by the state, aggregatiag $187,000, suitable buildings were erected, and the institution Tvas opened in October 1876, there being sis pupUs in attendance. The increase in the number of stu- TTOod, T. D. Wooten, E. J. Simkins, M. W. Garnett, James B. Clarke, M. L. Crawford, and B. Hadra; A. P. Wooldridge, secretaiy. Tex. XTmver., sesa. 1, 1883-84, 2. One of the members of the board in 1886 was Geo. Thos Todd, who was chairman of the committee of education, in 1881, which framed the bill to establish and organize the university. Todd, when only four years of age, was taken to Texas by his father who moved thither in 1843. He was edu- cated by his mother, whose maiden name was Eliza Ann Hudgins, and who originated and conducted for many years a female educational institute at Clarksville, Texas. He completed his education at the university of Vir- ginia, and on his return practised law in Jeflferson; on the outbreak of the civil war volunteered in the 1st Texas regiment, and after served in Hood's Texas brigade. ^' Leading to the degrees of bachelor of arts, master of arts, bachelor of letters, bachelor of science, and bachelor of laws. ^ From the reports sent in to the U. S. com. of education, 1884, it appears that the other colleges and universities in Texas at that time were as fol- lows: St Mary's university, Galveston; Southwestern university, George- town; Baylor university, Independence; Mansfield, male and female college, Mansfield; Salado college, Salado; Austin college, Sherman; Trinity univer- sity, Tehuacana; Waco imiversity, Waco; Marvin coUege, Waxahatchie; and Add Ban college. Thorp's spring. Five of these insititutions admit young men only, the other five are open to both sexes. The collegiate insti- tutions exclusively for young women are: Dallas Female college, Dallas; Ursuline academy, Galveston; the Ladies' Annex of Southwestern univer- sity, Georgetown; Baylor Female coUege, Independence; Woodlawn Female college, Paris; Nazareth academy, Victoria; and Waco Female college. All these are authorized by law to confer degrees. There are also the Austin Female institute, Bryan Female institute, and Soule college. U. S Beat Com. Educ., 1883-4, 264r^. RELIGION. 547 dents was so rapid that the directors" in their report of January 1879, mention that in June 1878, there were 250 students, and that 416 applications for admission had been filed, all of whom could not be received on account of want of room. At the present time the income derived from the United States grant amounts to $14,280, the fund having increased by the accumula- tion of interest previous to the opening of the college. A separate branch of this institution has been estab- Ushed in Waller county, exclusively for the use of colored students. It is known as Prairie View school, and in March, 1882, was attended by 51 students." As the reader is aware, religious intolerance pre- vailed in Texas down to the time of her independence. Previous to this, a few attempts had been made by clergymen of the baptist denomination to organize congregations, but their efforts had met with violent opposition on the part of the authorities." In 1837, however, a baptist church was organized at Washing- ton, Z. N. Morrell being chosen pastor, and money was subscribed to build a house of worship. ^° The ^ The management of the college was placed in the hands of a board of directors, composed of the gov. who was pres. of the board, the lieut-gov. , the speaker of the house of representatives, and six other members. Later a board of trustees was formed, the pres. of which at the time of writing is George Pfeufifer, who has done much by his able administration to raise this institution to a high position, having secured for it ample endowments and npoessary appliances. Pfeuffer was born in Bavaria in 1830, migrated to Texas in 1845, and settled at Corpus Christi, whence he removed 14 years later to New Braunf els. He was chairman of the senate com. on education. ^"U. 8. DepaH of Agnc, 1871, 329; 1872, 384; 1875, 52; II. Ex. Doc, cong. 42, sess. 2, vii., no. 327, 329; Tex. Gov. Mm., 1876, 1879; Tex. Repl Prairie View School, 1882. By an act of the legislature, March 1881, it was provided that three students from each senatorial district should be ap- pointed by the senators and representatives, and maintained and instructed free of charge. To state students a course of study is assigned; paying students make their own selection. In 1882 127 students were reported as taking the full course; in 1884 only 108 were reported. H. Ex. Doc, cong. 47, sess. 1, vol. 12, 249-50, 610; Bept Com. Educ, 1883^, 265, 663. ^' In 1826, Elder Joseph Bays preached at the house of Moses Shipman, on the Brazos, and afterward moved to San Antonio. In 1829, Elder Thomas Hanks also preached in Shipman's house. During the same year, the first Sunday-school in Texas was organized by T. J. Pilgrim. Morreltg Flowers and Fruits, 72-3. '"^ Morrell remarks that this was the first church ever organized in Texas on strictly gospel principles, having the ordinances and officers of ancient order. Of course he means a baptist church. 648 INSTITUTIONAL AOT) EDUCATIONAL MATTERS. first protestant episcopal church was established in 1838 at Matagorda by Caleb S. Ives, who collected a congregation, established a school, and built a church. During the same year R. M. Chapman organized a parish in Houston. ° In early days, the Anglo-Texans cannot be said to have exhibited much sentimentalism on the score of religion ; indeed, they may be considered as forming a somewhat godless community ; but with the great in- flux of immigrants since the war of secession, Texas has proved a fair field for evangelical enterprise. Many denominations in 1888 were well represented in the state. According to the United States' census of 1880, the number of methodists was 157,000, of cath- olics 150,000, of baptists 125,000, and of presbyterians 13,000. The first printing-press in Texas was put into oper- ation at Nacogdoches, early in July 1819. It was brought into the country under the auspices of Gen- eral Long, who established a provisional government and a supreme council, which issued a declaration proclaiming Texas an independent republic. The printing-office was placed under the management of Horatio Biglow, and was used for the publication of various laws enacted and proclamations issued by that ephemeral government. Ten years afterward, the first regular newspaper made its appearance. It was published at San Felipe, and bore the title of The Cotton Plant, Godwin B. Cot- ten being editor and proprietor. This publication was ^ The marriage ceremony in Texas had been little resorted to up to this time. Marriages before the independence were illegal unless performed by priests, who were offensive to the Anglo-Texans, and moreover, exacted a fee of .$25. A custom grew into vogue of the parties simply signing a bond in the presence of witnesses, and then becoming husband and wife. By an act of congress, approved June 5, 1837, provision was made to legalize these marriages by bond by allowing parties so connected to take out a license in due form, and be married before an ordained minister of the gospel, a judge of a district court, a justice of a county court, or a justice of the peace, all of whom were so authorized. Lavis Sepub. Tex., i. 233-5. In the autumn of the same year, Morrell performed the rite under the new law. Flmvers and Prvits, 78. NEWSPAPERS. 549 issued under the above name during the four years ending 1832, when it was called The Texas E&pvhlicam,. The second paper was the Texas Gazette and Brazoria Advertiser, which was published in Brazoria in 1830; in September 1832, it was merged in the Constitutional AdyocaM and Texas Public Advertiser, D. W. Anthony being editor and proprietor, on the death of whom by cholera, in July 1833, the paper ceased to be issued. Next in order was the Texas Republican, published at Brazoria by F. C. Gray, of New York, December 17, 1834. It was printed on the old press introduced by Gotten, and in January 1835, was the only paper published in Texas. In August 1836, the issue was discontinued." The fourth paper is of historic interest, being the Telegraph, which was started by Gail and Thomas H. Borden and Joseph Baker at San Felipe in August 1835. When that town was abandoned by the gov- ernment, in April 1836, on the approach of the Mex- icans, the press was conveyed to Harrisburg, and while the twenty-second number was being printed, the forces of Santa Anna entered the town. Six copies only had been struck off when the printers, press, and type were seized by the Mexicans. The material was thrown into Bray's Bayou." In the following August, the Bordens, having bought a new press and material, revived the Telegraph at Columbia, and subsequently moved to Houston, where the paper was published for many years under the title of the Houston Telegraph." After the independence, the number of newspapers increased rapidly," the first daily paper ever published *' Gray's wife was a shrewd womaa, and was charged with intriguing to effect the escape of Santa Anna. Her husband fell under suspicion, and he removed to California, where he became wealthy. Subsequently he returned to N. York, and committed suicide. Tex. Edit, and Press Assoc, 1875, no. 2, 2. " One at least of the six copies is still in existence. The paper was pub- lished in quarto form. *^ In 1875 it was the oldest newspaper in the state. Letter of John Forbes. " Mention must be made of the Texas PlarUer, published at Brazoria, in 1837, by T. Leger and A. P. Thompson; the OimUan, established by Hamilton Stuart in 1838 at Galveston; the Austin City Oasxtte, started in Oct. 1839 by 560 INSTITUTIONAL AND EDUCATIONAL MATTERS. in Texas being the Morning Star, by Cruger and Moore of the Telegraph, from about 1840 to 1844. Previous to this time papers were issued weekly, bi- weekly, or tri- weekly, according to circumstances." According to the census of 1880, 280 newspapers and periodicals were published in Texas, which num- ber, by 1888, was considerably increased. On Septem- ber 10, 1873, the Texas Editorial and Press Association was organized, and formally incorporated AprU 5, 1875, under the act of the legislature approved April 23, 1874, entitled, "An act concerning private corpo- rations."" Samuel Whiting; and the Texas Sentinel, at Austin, in Jan. 1840, by Jacob W. Cruger and G-eo. W. Bonuell. The first paper published at GalTestou was the Times, edited and owned by Ferdinand Pinkard; and as early as 1835 a paper was established at Matagorda by Simon Mussina, and published for about three years. At San Luis, on San Luis island, west of Galveston, was published in 1840 the Advocate, which, during its brief existence, was the largest, handsomest, and ablest paper of its time in Texas. T. Robinson and M. Hopkins were the principal editors and managers. Both city and paper have long since passed out of existence. In 1839 the Gazette was started at Richmond on the Brazog, R. E. Handy, one of Gen. Houston's volunteer aids at San Jacinto, being editor. ** Kennedy, however, makes mention of a daily paper being published as early as June 1839. He fails to supply the names. Tex., ii. 393. •^The association had power to buy, hold, and sell property; to maintain and defend judicial proceedings; to make contracts; to borrow money on the credit of the association, each stockholder being only liable to creditors for the unpaid portion of his stock; and to make proper and needful by-laws. Capital stock $10,000, to be divided into shares of §25, and capable of being increased to $50,000. Tex. Ed. Press Assoc., charter, etc., nos 1, 3, and 4. CHAPTER XXI. INDUSTRIES, COMMERCE, AND RAILROADS. 1835-1888. Physical Divisions— A Forest Region — The Level Prairies of the" Gulf Coast — Central Highlands — A Vast Cattle Region — The Panhandle and Staked Plain — Climate and Rainfall — Cottok Production — The Cereals — Progress of Agriculture — Cattle Statistics — Stock Trails to the North — The Texas Fever — ^Wirb Fence Troubles — Sheep and Horses — Minerals — MANUFAcrURiNa AND Mechanical Industries— Foreign Commerce — Impoet.s and Ex- ports — The Postal Service — Railroad Systems — The Oldest Lines — Houston the Natural Centre— ^Nabrow Gauge Lines — Liber- ality of the State Government — ^The Strike at Fort Worth. Texas, which comprises 226 counties, of which 176 were organized by January 1886, is naturally divided, in an agricultural point of view, into six grand divis- ions, differing in physical features and in the charac- ter of their soils, most of which, however, are of extraordinary fertility/ The first of these divisions is known as east Texas, and includes the territory lying between the Sabine and Trinity rivers, and that portion of the state situ- ated between the Sabine and Red rivers. The soil varies in character, but a distinctive class is that ' C. A. Weatbrook, a prominent land owner and improver of stock, states: that the Brazos bottom land is considered superior to any otlier in Texas.. He was bom in North Carolina, Jan. 1, 1838, and arrived in Texas in 1858. The estimates of the area of Texas, and the apportionments thereof majr vary considerably. The Texas Farm, Jan. 15, 1886, gives the following fig- ures: prairie, 110,423,160 acres; forest, 15,000,000; improved, 25,000,000; cultivated, 8,000,000; and covered with water 11,676,040; the unavailable land being 11,676,040 acres, making a total of 170,099,200 acres. By the Texas Review, Jan. 1886, 310-11, the following statistics are supplied: area 176,000,000 acres of which 111,179,785 are prairie lands; 46,302,500 timber land, the remainder covered with water. About 13,000,000 acres are im- proved, of which about 7,000,000 are in cultivation. (5f)l) 552 INDUSTRIES, COMMERCE, AND RAILROADS. known as the red lands, which extend through severq,! counties from that of Houston to the Sabine. East Texas is a great timbered region and produces a variety of forest trees, of which the principal are the pine, attaining an enormous growth, the white oak, white and red cypress, magnolia, hickory, pecan, and cedar. Many saw-mills are in operation, preparing the timber supplied from these forests, the number greatly increasing along the railroad lines. With regard to the magnolia, large tracts are found occupied exclusively by woods of this beautiful tree, the timber of which is very hard, fine-grained, and takes a polish like satin. In the cultivated dis- tricts of eastern Texas cotton and com are the staple crops, though sugar is cultivated in some counties on the bottom lands of the Trinity. Fruit trees thrive especially on the red lands, the peaches produced thereon being famous for their flavor and size. South Texas is that portion of the state which lies along the gulf of Mexico, extending from 20 to 100 miles into the interior. It is a vast prairie plain ris- ing imperceptibly to the hilly regions of central Texas. The great prairies of which this division is composed ^re intersected by innumerable rivers and streams, and are for the most part treeless, timber being only found along the margins of the streams which are densely wooded, and in isolated groups of elms and live-oaks, called "islands" or "motts. " The soil is unsurpassed in richness, being of alluvial origin, sup- plemented by sedimentary deposits of the receded waters of the gulf and decayed vegetable matter. The depth of the soil in the river valleys is very great ; it has been examined to the depth of 30 feet, where it shows scarcely a perceptible difference from the surface soil. On the prairies the land is hardly so ridh; the soil is of a black tenacious nature, while that of the valleys is of a chocolate color. The staple products are sugar-cane, cotton, and corn ; vegetables of all kinds flourish exceedingly well ; and many NATURAL DIVISIONS. 55.3 tropical fruits, such as the orange, banana, and guava can be successively cultivated in certain localities. Central Texas extends from the Trinity to the Colo- rado and the 99th degree west longitude, and from the southern alluvial plain to the 3 2d degree north latitude. Its physical features are of a hilly charac- ter, displaying gentle undulations as it rises from the southern plain, gradually developiag into highlands and valleys which assume, as the traveller journeys inland, a somewhat mountainous aspect. The soils in this region are loams of various colors, black, brown, red, and chocolate, but all containing sand in such proportion as to render them easy of tillage. A large portion, probably one fourth, is timbered ; and as this division is composed of hills and valleys, rolling prai- ries,^ and forests, the landscape scenery is indescrib- ably beautiful. Cotton, corn, oats, and other cereals are here produced, and the northern portion is a favorite wheat-growing region. Immense herds of swine are raised in the vicinities of the post-oak for- ests, and sheep, horses, and cattle by thousands thrive on the prairies and hill sides. Situated on the north of this division and west of eastern Texas is north Texas, terminated on the west by the 99th meridian. It is a region composed of forests and prairies, the soil being a loam of three varieties, namely the dark sandy loam of the forests, '' Mention must be made of the ' hog-wallow ' prairies, situated in the northern portion of this division. They are so called from the multitudes of small depressions in the surface. The soil in these prairies are as black as tar, and after a rainfall as sticky and cloggy. The following explanation of the origin of these wallows is given by S! B. Buckley in the Pirst Annual Beport of the Geological and Agricultural Survey of Texas, 1874, 112. 'The past summer was unusually dry in many parts of the state, and large cracks were made in all soils abounding in wallows. Big rains came, flooding many parts of the country. Afterwards in passing where the hog-wallows prevailed, we could see plainly how they were made. The holes made by the cracks were being filled in part by the washing in of loose earth, made loose on the edges of the cracks by the rain, and there not being sufficient earth to fill the very deep cracks depressions were made. These things were re- peatedly seen by the members of our party, and left no doubt in the mind of any one as to the cause of wallows. ' The soil successfully resists the severest drouths. If deeply plowed the crops will be green and flourishing when tho.se around them are perishing for want of moisture. 654 INDUSTRIES, COMMERCE, AND RAILROADS. the sticky black of the prairies, and the alluvial of the valleys. With the exception of the pine the forests contain varieties of timber similar to those of east Texas and the northern portion of central Texas. A new tree, however, here appears, the Osage orange, or bois d' arc, which attains a large size, and is in ffreat demand for railroad ties on account of its abil- ity to resist decay. The staple products are the same as those in north central Texas, especially wheat.' Western Texas comprises that extensive territory lying south of the 3 2d parallel of latitude, and west of the 99th meridian to the Colorado, thence extend- ing on the west and south of that river, to the gulf of Mexico. This is the most sparsely populated portion of the state. It contains every variety of soU and physical formation. Level and rolling prairies, deserts, dense forests, high table-lands, valleys, deep canons, and rugged mountains, are found to succeed each other as the traveller moves from the sea-board ^ N. M. Buford, of Dallas county, speaking of northern Texas, says that the adjustment of the difficulties which once existed in connection with the old Peter's colony marked an epoch in the history of northern Texas. By the terms of the contract between the colony company and the republic of Texas each family introduced was to receive 640 acres of land, and each single man 320 acres. The convention which framed the first constitution of the state of Texas in 1845, among other acts passed an ordinance declar- ing that the company had failed to carry out their contract, and was not entitled to any land. Thus both the company and many immigrants, who had been introduced, had no titles to their lands. The contract expired July 1 , 1848, and settlers kept arriving till that date. Great excitement was the consequence of this doubtful possessory right to their farms and homes, and the trouble continued till 1852, when the legislature passed a law granting to each head of family 640 acres, and to each single man 320 acres, upon proper proof being produced, of settlement prior to July 1, 1848. The com- pany was compensated for their services in introducing colonists by a grant of 700 sections of land located west of the settled portions of colony. Gov. Bell appointed Col Thomas W. Ward commissioner for the purpose of deter- mining who were entitled to lands and issuing certificates. Since that time there has been little trouble in that portion of the state with regard to land titles. Buford was bom in Tenn., June 24, 1824, migrated to Texas in 1846, and settled in Dallas county in 1848, having been admitted to the bar in 1845. He served as dist atty and dist judge of the 16th judicial dist, and en- tered the confederate army in 1861 as a private under Gen. Ben McCulloch, being made col of the I9th Texas cav. in April of the following year. In the spring of 1865, Buford resigned, and was elected to the state legislature in 1866, and later again filled several judicial offices. Injan. 1 854 he married Mary Knight, daughter of an old pioneer of Dallas county. A^oteu on Petfr't OoL, MS. C0NM6UKATI0N AND CLIMATE. 556 on a curvilinear route trending northward. This vast region is the peculiar feeding ground of immense herds of cattle and flocks of sheep, especially along the Rio Grande. In the central and northern portions wheat and other cereals are cultivated, but farming is generally neglected, agriculture being a secondary consideration to the great industry of stock-raising. Of the region lying west of the Pecos river, much still remains to be known. It has hardly any popula- tion, except in the small towns on the Rio Grande, in El Paso county, and in the vicinity of the United States military posts. The same is the case with Tom Green and Crockett counties, two of the largest in the state, lying on the north-east of the Pecos river/ The sixth and last natural division has acquired the name of the panhandle of Texas. It includes the ter- ritory lying north of the 34th parallel of north lati- tude, and west of the 100th meridian. The greater portion of this region consists of prairies, which are intersected by large tracts of broken country con- taining rugged hills and gorges. Sandy deserts, too, are met with, and the great Llano Estacado, or Staked Plain, extends along the south-western portion of it.° The prairies and staked plain are covered with a variety of rich grasses, among which may be mentioned the mesquite and gamma, blue-stem, bunch sedge, and buffalo grass. This portion of Texas is well adapted to grazing and stock-raising, the belief that it was generally deficient in water being exploded by later investigations. The panhandle is intersected by innumerable ravines, in most of which small streams and pools are found; in the prairies, also, depressions frequently occur, which, filled by the rains *The four largest counties, are, Presidio, 12,955 sq. miles: Tom Green, 12,579; Pecos, 11,379, and Croclsett, 10,029 sq. miles. SpaigM's Official Map, 1882. * This immense plain extends in a geological point of view, from the northern point of the state, southward, nearly to the northern boundaries of Kinney, Uralde, and Medina counties, west of San Antonio. Tex. Geohg. Agric. Survey, second annual report, 1876, 31. 966 nroUSTRIES, COMMERCK, AND UAIXROADS. hold water during the greater part of the year, evea in seasons of severe drought. This impervious quality of the soil authorizes the assertion that artificial reservoirs can be successfully constructed, capable of supplying large herds of cattle and a considerable population with water all the year. The climate of Texas varies from moderately tem- perate to semi-tropical according to altitude and locality. At Eort Davis in Presidio county, 5,000 feet above the sea level, in January 1873 the ther- mometer was once 15° below zero, and, in the northern portion of the state,, snow and ice and extremely cold weather are experienced in the winter; but the cold is never protracted, the weather during the larger portion of that season being mild and pleasant. In the central part snow and ice are seldom seen, and in the extreme south are of very rare occurrence. The rain-fall in Texas is as varied as the climate. Never- theless the 100th meridian may be regarded as a dividing line between two regions subject to rain-falls widely differing in quantity and regularity. East of that line the rains are abundant and rarely fail ; west of it they are irregular, droughts frequently occur, and the quantity is greatly diminished. ^ The panhandle is the 43d representative district, and sends to the legis- lature only one representative, who, in 1886 was J. W. Browning of Wieeler county. Browning came to Texas at the age of 16, and settled in Shackel- ford county in 1867, beginning life as a cowboy. He found time, however, to study law at intervals, and was admitted to the bar in 1876. Having served as justice of the peace and county attorney for Shackelford county, in 1881 he was appointed district attorney of the new judicial district then formed. He was elected to the lower house of the legislature in 1882. He was opposed to leasing the public lands to cattlemen. The above description of Texas is mainly derived from the reports of S. B.- Buckley, already quoted; Texas; Her Resources mid Capabilities, issued by the South-western Immigration company in 1881; and Spair/ht's Resources, Soil, Clim. Tex., 1882. ' The average annual rainfall east of the 100th meridian may be set down at from about 30 inches, southern Texas exceeding, and central and northern Texas falling short of this average. The fall in the western portion of the state is much below this. With respect to this region, particulars are some- what deficient; but some estimate of an average may do derived from the mean annual rainfall at the following places, as supplied in Spaight's official map of 1882. Eagle pass, Maverick county, 26.06 inches; El Paso, 13.12j Fort Davis, Presidio county, 22.45; Fort McKavett, Menard county, 22.71; and Fort Elliot, Wheeler county, 16.47. The rainfall is, however, increasing. AGEICULTUIiE. 657 The cause of this difference lies in the fact that the prevailing winds along the coast and the eastern in- terior of Texas are southerly and south-easterly, and coming from the gulf, the atmpsphere is heavily charged with vapor, whereas, the winds which sweep from the south and south-west, over western Texas, are robbed of their humidity in their passage over the Cordilleras of Mexico, and the dry arid regions iii the north of that republic. Among the agricultural productions of Texas, cotton takes the lead, exceeding in value that of all others put together, excluding Indian corn. In 1879, the culture of this plant extended over 2,178,435 acres, which had increased inl882to2,810,113 acres, yield- ing 674,427,120 pounds of cotton, and it is to be ob- served that the yield per acre is greater in Texas than in any other state.' The value of the yield for 1882 was nearly $60,000,000. Of cereals Indian corn is more extensively culti- vated than any other. In 1879, 2,468,587 acres were sown with this grain, yielding 29,065,172 bushels; in 1881 a crop of 33,377,000 bushels, worth $33,043,230 was produced on 2,803,700 acres; and in 1882 the number of bushels amounted to 63,416,300. Next in value follow oats, the productions of which in bushels for the same three years are represented respectively by the figures 4,893,359, 8,324,000, and 9,239,600, the last amount being estimated. The value of the crop of 1881 was $5,077,640. Wheat was introduced into Texas by the early set- tlers merely as an experiment, in the endeavor to furnish flour for home consumption in those districts which were remote from a market. For many years it was cultivated only to very small extent," and in owing to the increasing area of land put under cultivation, and the increased growth of trees on the prairies. *Iu the last mentioned year Texas, Louisiana, and Arkansas produced the greatest yield per acre, the respective figures, showing the proportion, heing 240, 235, and 233. The figures for all other cotton growing states were below 200. U. S. H. Ex. Doc, cong. 47, sess. 1., vol. 26, 67a-4. ' According to the census of 1850, the total production of the state was only,41,729 bushels, 058 INDUSTRIES, COMMERCE, AND RAILROADS. early days the belief prevailed that the soil of Texas was not adapted to its culture." But these impres- sions yielded to more careful attention to the selection of suitable land. It was discovered that a great belt suitable for the most successful cultivation of wheat extends through northern and central Texas, and further developments have proved wheat-producing land is not limited to that region. In 1879 there were 373,612 acres sown with this cereal, yielding 2,- 567,760 bushels; in 1881, 3,339,000 bushels were produced on 263,200 acres, valued at $4,674,600 ; the estimate for 1882 being 4,173,700 bushels." Other grains, barley, rye, and buckwheat are only cultivated to a small extent." Experiments have been made with rice, but have not been sufficiently encouraging to hold out the expectation that it will ever become a staple production. Tobacco culture receives little attention, as also that of the sugar-cane. Viticulture is assuming some importance, some kinds of grapes thriving well in most of the settled portions of the state. The wine produced, however, is mostly manufactured for home consumption, its exportation not being so profitable as other productions. The El Paso grape is one of the finest in the world, and the wine made from it has long been in great repute. In 1860 the number of farms in Texas was 42,891 comprising 25,344,028 acres; in 1870 there were 61,- 125 farms with 18,396,523 acres; and in 1880, 174,- 184, with 36,292,219 acres, valued at $170,468,886. The relative percentages of unimproved land for these years are respectively represented by the figures, 89.5, 83.9, and 65.1. The size of these farms varied '" Parker writing in 1834-5 says: ' Wheat will not grow in this country. The stalk will run up rank, but the ear wUl not fiU with plnmp kernels.' Trip to ilix. West and Tex., 141. '^ The above statistics are taken from the report of the commissioner of agriculture for 1881-2, in U. S. H. Ex. Doc, oong. 47, seas. 1, vol. 26, 577- 676 passim. '^ James A. Reddick gives the following average yield per acre of cereals in Texas: wheat, 20 buah.; oats and barley, 70 bush.; corn from 25 to 40 bush. Reddick was born at La Grange, Fayette county, and served througt the confederate war. STOCK RAISING. 559 from less than three acres — of which there were very few — ^to over 1,000 acres, the averages for the same years being respectively, 591,301, and 208 acres. In 1880 the total amount of improved land taken up as farms was 129,65,314 acres, and of unimproved 23,- 641,905 acres, including 15,851,365 acres of woodland and forest. The number of persons engaged in all the occupations of agriculture during the same year was 359,317, of whom 330,125 were males. The number of male laborers is represented by the figures 119,295, and of female laborers by 24,517. The total number of farmers and planters was 200,404, of whom 4,562 were females, the balance of the number, 359,- 317 being represented by stock-raisers, herders, gar- deners, vine-growers and others." Agriculture in Texas occasionally suffers both from droughts and floods. Grasshoppers and locusts " have also assailed the crops, but their visits are of rare oc- curence. Where formerly the buffalo roamed in countless numbers,'" immense herds of cattle now find their pasture grounds. Before the civil war almost the entire area of Texas was one vast feeding ground for cattle, horses and sheep, but during the last twenty years great changes have been effected by the influx of immigrants, who have taken up large quan- tities of lands, previously ranged over by stock, and '^ U. 8. Census, 1880, vol. 1. The following table, taken from the report of the commissioner of agriculture, represents the fluctuations in the average rates of monthly wages paid farm laborers, with and without board, in five years, during the period from 1866 to 1882. 1 1806 1869 1875 1879 1882 Without board With board $19.00 12.72 118.83 13.21 119.50 13.37 $18.27 11.49 S20.20 14.03 " Grasshoppers made their first appearance in 1848, the swarms coming from the north with the October winds. They again appeared in 1856 and 1857, from the same quarter. Tex. Aim., 1861, 138. '*The buffalo is now extinct in Texas, but as late as 1876 great numbers were to be found in the panhandle. W. C. Koogle, a large cattle-raiser was once engaged in huutmg them in that region, and remarks that though 1,000,000 of them were needlessly killed, their destruction did more than any other thing to civilize the country, inasmuch as it compelled the savages, who mainly depended on them for food and covering, to seek other hunting f rounds. Koogle was bom in Maryland in 1849, and settled in the pan- andle in 1876. Remarks on Tex., MS. 660 INDUSTRIES, COMMERCE, AND RAILROADS. converted them into cultivated farms. In this part of the state, comprising the greater portion of eastern, northern, central, and southern Texas, cattle are raised mostly as domestic animals. Consequently the great ranges are now to be found in the region west of the 98th meridian, and south of a line extending from San Antonio to Matagorda; in the southern portion of this extensive region probably more cattle are raised than in any other division of the state. '^ The panhandle, however, is admitted to be, without exception, the best stock country in Texas; it is com- paratively a new country, but the staked plain is being gradually recognized to be as fine a grazing region as can be found in the United States." During- the last decade the increase in the number of stock has been enormous, as will be evident to the reader by referring to the table below, showing the statistic for the last six years only." '°It was estimated in 1885 that there were fully 2,500,000 head of cattle in the south of Texas. U. S. Bureau of Statistics, Report, Cattle Business, May 16, 1885, 108. ^'The panhandle was first partially stocked in 1876. In Nov. 1877 Charles Goodnight located a herd of 2,200 head of cattle. According to the reports there were 225, 857 head in July 1880. U. 8. H. Misc., cong. 47, sess. 2, vol. 13, pt 3, gen. fo. 972. G. W. Littlefield established a rancho in Oldham and Potter counties, and sold it in June 1881 to a Scotch syndicate for $253,000. lAttUfield's Remarks on Cat. and Agric., MS. ' '8 1880 I 1881 i 1882 | 1883 | 1884 | 1885 4,894,600 I 5,104,300 | 5,535,200 | 6,088,700 | 6,592,500 | 9,000,000 The above figures, with the exception of those for 1885, do not reach the actual numbers. This is explained by Geo. B. Loving, of Fort Worth, in his letter of Jan. 20, 1885, to the chief of the U. S. bureau of statistics. He states that according to the comptroller's report, the assessment rolls of the state showed that on Jan. 1, 1884, there were at least 7,000,000 head of cattle in the state, and that the actual number of cattle in Jan. 1885 was about 9,000,000; the discrepancy arises from the fact that but few, if any, of the largest ranchmen render the full number of cattle owned by them for taxa- tion. V. S. Bureau Stat., ut sup., 102; Wood Bros., Live Stock Movement. It is, indeed, impossible to give any other tlian approximate numbers, as statis- tical tables compiled by diflerent individuals show extraordinary differences. For instance the tables supplied in Proceedings of the First National Convention of Cattle Orowers of the United States, held in St. Louis, Mo., Nov. 1884, pp. 12-3, give 5,060,715 as the number for 1883, and 4,894,692 for 1884; and these figures are supposed to include all cattle on farms, ranches, and ranges. One of the latest cattle owners in Texas is Col. C. C. Slaughter, of Dallas county. In Howard, Borden, Dawson, and Martin counties he owns 220,000 acres of land in fee-simple, and has 340,000 acres under lease. In 1882 he refused f 1,000,000 for his cattle interests alone. He also owns half interest THE CATTLE BUSINESS. 531 In a country so productive of increase, cattle-dealing has become a great business, and yearly hundreds of thousands of animals are driven northward to ranges in Nebraska, Dakota, Colorado, Wyoming, Montana, and Idaho, where cattle, as experience has proved, increase more rapidly in weight than if raised for market on the Texas ranges. This business has grown up chiefly during the last fifteen years, the movement varying year by year." Latterly, the great markets for driven cattle have been Dodge City, Kansas, and Ogalalla, Nebraska, which are reached by regular cattle trails, the drovers having been crowded away, farther and farther west, from the old main route by the rapid settlement of Kansas. The railroads, also, now transport stock in great numbers. It is considered that the establishment by the United States' congress of a great national cattle trail leading northward would conduce greatly to the cattle-raising interests in Texas. The fact that the main line, known as the Fort Griffin and Dodge City trail, is in a rancho of 100, 000 acres in the panhandle. He was born in Sabine county, Feb. 9, 1837, was a captain of rangers, and in 1885 was elected president of the Cattle Association of West Texas. Slaughter's Notes on Tex., MS. Col. W. Crawford Young is another man of enterprise. He was bom in Kentucky, Dee. 9, 1820; served in the confederate army, and in 1879 settled in Garza county, Texas. In 1883 he formed the Llano Cattle co., selling 80,000 acres of land. He owns 15,000 head of cattle and believes that the Hereford breed is the best adapted to the climate of that section of the country. Young's Statements, MS. L. B. Collins, who went to Texas in 1865, considers that the best class of stock for the country is the Durham; though he says the Hereford cattle are excellent to cross with the native Texas animal. The Burmuda stock is also good for crossing. L. B. Collins was bom in Louisiana, April 22, 1848. Rernarlcs on Stock, MS. N. C. Baldwin remarks that with care, imported stock do very well in Texa3, and little loss need be feared. Baldmn's Remarks on StocJe, MS. John S. Andrews, of Dallas county, is a prominent stock-raiser, and has been engaged in that business along the western border for many years. Biog. Sketch, MS. " U. S. Bureau of Statistics, tit sup., 23-4. John B. Slaughter, brother of C. 0. Slaughter, has been engaged largely in this business, which is very profitable. His first venture was made in 1873, when he paid $7 for yearlings and |10 and $12 respectively for animals two years and three years old. He drove them to Kansas, and after wintering them, sold the beeves at tlie rate of $20 a head; the yearlings he kept till the spring of 1875, when they real- ized $32 a head. Slaughter, Oattle-deaUng, MS. John Sparks was the first cattle-dealer who imported the long-horned Texas steers into the state of Virginia. He was born in Mississippi, Aug. 30, 1843, and went with his father's family to Texas in 1857. He realized a considerable fortune in the business, and has an interest in large cattle ranches in Nevada and Idaho. Sparks' Notes, MS. Hist. Mex. States, Vol. II. 36. 562 INDUSTRIES, COMMERCE, AND RAILROADS. being gradually forced westward, has led to the appre- hension that eventually no way will be open through the country where a sufficient supply of water at necessary intervals can be found. On January 17, 1885, James F. Miller, of Texas, introduced in the house of representatives a bill to establish a quaran- tined live-stock trail through Indian Territory to the southwest corner of Kansas, thence over the unap- propriated public lands, on the most practicable route, to the north boundary of the United States." That the reader may understand the requirement that Texas cattle should be made subject to quaran- tine, it is necessary to explain that an extraordinary and destructive bovine disease is generated in that state, known as the Texas fever; also called splenic fever and Spanish fever. It is endemic rather than epidemic, the cause of it being yet unknown. The lowlands on the gulf of Mexico are admitted to be tlie locality of its origin, and the infected area is believed to embrace more than half of the state." It is a re- markable fact that the cattle of southern Texas do not themselves suffer from this disease, but communicate it when they are driven north to the cattle of more northern latitudes, the infection being the result of the latter walking over or feeding upon the trails along which the former have passed." 2' It was proposed that this trail should be of any practicable width not ex- ceeding six miles, and the quarantined grazing-grounds should not exceed 12 miles square at any one place. U. S. Bureau of Statistics, ut sup., 27, 160. The approximate number of cattle driven north from Texas during the period from 1866 to 1884 inclusive, is 5,201,132, the greatest ' drive ' being in 1871, and numbering 600,000. The 'drive' of 1884 was 300,000, which, at S17 a head, amounted to §5,100,000. ^' Its northern limit is supposed to be bounded by an irregular line extend- ing in a southwesterly direction from the northeast corner of Grayson county to long. 100°; thence westerly to El Paso county; thence northwest to the border of N. Mexico. 22 The generally accepted theory is that the disease exists in a latent state in the cattle of southern Texas, under conditions of food and climate which prevent impairment of the health of the animal; during the migration northward the latent cause of disease passes off in fecal matter, and is inhaled or taken into the stomachs of the northern animals when they feed on ground passed over by Texas cattle. To animaU thus infected the disease is fatal Experience proves that it is never communicated north of South Platte river The committee of the Wyoming Stock-growers' Association, appointed ttt SHEEP AXD HORSES. 563 During late years, sjoidicates of cattle-raisers have been formed, which have acquired large tracts of land in western Texas. These extensive properties have been surrounded by wire fences, which have occasioned much trouble between agricultural settlers and the cattlemen. When farmers found their roads to the nearest towns closed, they proceeded to open them by cutting the fence wires. This action was resisted, and not a few lives were lost in the quarrels which ensued. The right of road question became so serious from the determination of the farmers to insist upon their really just demand for convenient lines of transit to and from their farms, that Governor Ireland con- vened a special session of the legislature in December 1883, to legislate on the matter. As the reader is aware, cattle raiding on the Rio Grande frontier has been carried on for many years. These depredations, however, are diminishing yearly in magnitude, owing, in a measure, to the organiza- tion of cattlemen's associations for the mutual protec- tion and benefit of stock owners. In sheep raising Texas takes the lead of all other states of the union in almost as marked a degree as in cattle breeding.'^ The number of horses also is in excess of that of any other state except Illinois. The subjoined table gives the comparative figures for investigate the subject, reported at the annual meeting, April 1885, that cattle Drought from southern Texas are only dangerous for about 60 days from the time of leaving their native ranges. The cause of the disease is eliminated while on the trail. On March 12, 1885, a quarantine law was passed by the state of Kansas, prohibiting cattle being driven into the state from south of the 37th parallel of north latitude during the months from March 1st to Deo. 1st; a similar law was passed March 20, 1885, by the state of Colorado, assigning the 36th parallel as the quarantine line, the prohibition period being from March 1st to Nov. 1st. In New Mexico, Nebraska, and Wyoming quarantine laws are in force. They are less rigid, however, and their application is left to the decision of executive officers, whose duty it is to determine when quarantine regulations shall be enforced and when dis- continued. Id., 31-5, 134^7. 23 0. H. Rogers of Nueces county remarks that, since the country has been fenced, there is a' disposition on the part of sheepmen to change their business to that of cattle and horse breeding; not that the sheep busi- ness will not pay, but that they believe cattle and horses will pay better on inclosed ranges than sheep. Remarks on Stock Saising, MS. 564 ESTDUSTEIES, COMMERCE, AND RAILROADS. the four leading states in each of these industries for five years." In 1858 the legislature passed a law authorizing a geological and agricultural survey of the state, and the appointment of a state geologist. B. F. Shur- nard commenced work in 1859, but only accomplished superficial and partial reconnoisances of small portions of the state, and was superseded in the following year by Francis Moore. The civil war and the subsequent confusion which prevailed in Texas interrupted opera- tions for many years, and it is only during the last decade that information of value has been obtained relative to the mineral resources of the state. It has been ascertained that immense coal deposits exist in rich veins found in a wide belt extending from Clay and Montague counties in the north to Webb county in the south. Little enterprise, however, has hitlaerto been displayed in the exploitation of this mineral wealth, and the principal mines opened are chiefly worked by the railroad companies for locomo- tive fuel.'* 1880 1881 1882 1883 1884 Texas 5,940,200 6,850,000 7,877,500 7,956,200 8,035,700 California 5,727,300 6,265,000 5,907,600 6,203,000 6,352,300 N. Mexico 2,990,700 3,950,100 3,960,000 4,435,200 4,479,500 Ohio 4,902,400 4,951,500 5,050,500 5,000,000 4,900,000 HORSES. Texas..., Illuioig. . , Missouri . Iowa .... 896,000 1,125,300 859,700 836,700 947,500 1,134,900 861,300 842,300 1,023,500 1,141,100 871,800 883,900 1,038,100 1,151,300 896,600 9.39,100 1,095,100 1,159,700 948,900 990,700 Numerical exactness in statistics of this kind is impossible, but the above figures are as approximately correct as can be attained. The quantity of wool produced in Texas in 1880 was 6,928,019 lbs at the spring oMp; in 1883 the clip was estimated at 31,000,000 lbs. U. S. Bureau of Stat., no. 4, 1883-4, 545-6; Wood Bros Live Stock Momment. Attention is being paid to improve- ment in the breed of horses. J. Johnson had a fine horse called Blue Bird which beat, Nov. 16, 1885, Lela B., the winner of a race for $30,000 at Sacramento, Cal., in the previous September. Johnson, Mace-horses in Tex., MS. The number of hogs in Texas increased from 1,900,000 in 1880 to 2,153,000 m 1884. * In 1885 the principal mines worked were those in Palo Pinto, Parker, Webb, Maveric, and Presidio counties, and in the Eagle mountains in the extreme west of Texas. It is estimated that the coal fields in Texas extend over an area of 30,000 sq. miles. Bept Sec. Int., cong. 41, sess. 3, 195; Land and Thompson's Galveston, 39-42. MINES AliTD MANUFACTURES. B65 The iron vein enters Texas from the northeast in Bowie county, and the ore is found in abundance in the eastern counties, and in the mountainous districts of the upper Colorado and its tributaries. In Llano county there is a massive hill of iron ore, 30 feet high, 800 long, and 500 wide. The ore has been tested and found to yield 70 per cent of pure iron.'* As yet the development of this mining industry, like that of coal, is only in its infancy. It does not appear that any enterprise in iron smelting was engaged in before the civil war. During that period three small furnaces were erected- Another metal which Texas yields in great abun- dance is copper,the belt of which extends from Wichita county southward, with some interruptions, and a westerly bend to Pecos and Presidio counties. A company was chartered in 1885 to work copper mines in Archer county, which may be considered as the first serious step taken toward the establishment of this industry in the state. Silver-bearing ores, prin- cipally argentiferous galena, crop out in Llano county and can be traced to San Saba and Burnett counties where old Spanish mines are still to be seen, as also along the Pecos river. Lead is found in El Paso, Presidio, Gonzales, and Gillespie counties. Valuable deposits of salt are found in Gregg, Hi- dalgo, Van Zandt, El Paso and many other counties. Along the Rio Grande it is found in inexhaustible quantities, the salt lakes of El Paso being famous. Equally so is the Sal del Rey in Hidalgo, which is a large body of salt water about one mile in diameter and nearly circular in shape. From this lake the people of Texas was supplied with salt during the civil war. Building stone of every description exists throughout the state, and Burnett, Llano, and San Saba counties contain beautiful varieties of marble of 28 Geo. T. Todd narrates that in early days wagoners on the roads lead- ing into Jefferson used flat iron rocks on which to bake their bread, and beat the same into horse-shoes without the trouble of smelting the ore. Jefferson Iron News, Feb. 10, 1886. 566 INDUSTRIES, COMMERCE, AND RAILROADS. different colors, white, black, flesh color, and clouded. The manufacturing and mechanical industries are but slightly developed in Texas. It is essentially an agricultural country, and the yarious industries en- gaged in under the above two general heads are not pursued to an extent adequate to meet the home de- mand. According to the United States census of 1880 the total value of all such products for that year was only $20,719,928, employing a capital of $9,245,561 and 12,159 hands, 11,645 being males above 16 years of age. The wages paid during the same period amounted to $3,343,087, and the value of the materials used to $12,956,269, showing net proceeds to the amount of $4,420,572. The value of similar products in California for the same year was $116,218,933. The subjoined table exhibits the prin- cipal industries, namely all those on which a capital of over $100,000 was employed." In 1870 the value of the corresponding products was $11,517,302, which compared with the figures for 1880 exhibits an in- crease of $9,202,626 for the latter year. The foreign commerce of Texas, previous to her re- a^ No. of Value of Value of 1880 Capital. work- Wages. men. Materials. Products Blacksmithing $ 299,645 707 1 180,502 f 247,464 $ 727,079 Boot and shoes 100,152 235 87,223 140,043 372,810 Brick and tile 18.3,530 1,185 204,499 105,074 448,418 Carriages and wagons. . 150,700 211 92,014 139,000 301,800 Flour and grist mills . . 3,082,952 2,609 368,683 6,371,606 7,617,177 Foundryandmaoh. shop 365,350 360 149,212 228,151 532,778 342,500 86 46,855 45,485 176,000 456,600 Lumber, planed 143,000 191 73,775 295,640 Lumber, sawed 1,660,952 3,186 732.914 2,096,775 3,673,449 Oil, cotton-seed and cake. 202,000 158 36,272 192,441 276,450 Printing and publishing 447,900 414 232,924 207,438 605,000 Saddlery and harness . . 286,925 270 110,576 325,579 587,871 Sash, doors and blinds . 106,400 82 49,800 305,200 416,500 Slaughter'g&meatpack'g 202,200 132 49,800 280,220 486,400 Tin, copper, and iron ware 236,730 217 105,174 259,300 491,420 Totals, $7,810,936 $10,043 $2,520,223 $11,240,416 $17,169,752 H. Miac. Doc, cong. 47, sess. 2, ii. 189-90, gen. fol. IMPORTS AND EXPORTS. 567 admission into the union, was very limited, the imports rarely exceeding half a million dollars, and the exports being proportionately small/* With the year 1870, however, foreign trade assumed a vigor which marked the beginning of an era of prosperity, and a rapidly increasing development. In that year the exports of domestic merchandise from Galveston amounted to $14,869,601, and in 1881 to $26,685,248, the increase being attained through spasmodic fluctuations.'" The total amount of domestic merchandise exported from all the ports of Texas for the year ending June 30, 1883, was $33,400,808, over $29,000,000 representing cotton. Nearly nine tenths of the commerce with foreign countries is conducted through the port of Galveston, as will be seen by reference to the subjoined table, showing the commercial statistics for the year ending June 30, 1883." ^' The value of the imports, including coin and bullion, at Galveston in 1856 was $92,259; in 1860, $533,153; in 1866, $111,357; 1868, $579,966; and 18C9, $266,517. The values of the exports from the same port for the same years were respectively $1,252,925, $5,772,158, $1,288,926, $5,829,110, and 19,616,153. U. H. H. Ex. Doc, cong. 47, sess. 2, xviii., p. lix.-lx. ^'The following table indioa.tes the fluctuations: Imports. Exports. 1870. 1871. 1872. 1873. 1874. 1875. 1876. 1877. 1878. 1879. 1880. 1881. 1882. I 509,231 1,255,003 1,741,000 2,426,626 1,432,255 1,218,034 1,335,605 1,411,594 1,081,201 871,938 1,107,241 3,106,669 3,022,274 $14,869,601 13,764,384 12,211,774 17,629,633 19,135,951 15,876,632 15,245,041 15,160,394 12,177,540 16,393,877 16,712,861 26,685,248 15,515,094 Id. So imports. Exports. Galveston $1,511,712 801,447 100,084 711,787 $29,627,898 Brazos de Santiago Saluria 1,102,861 871,068 Corpus Christi 1,798,981 Total $3,125,030 $33,400,808 U. S. li. Ex. Doc, cong. 48, sess. 1, xvii. 134^5, 276-7. The growth of mer- 568 INDUSTBIES, COMMERCE, AND RAILROADS. As the increase of the tonnage of vessels employed in the carrying trade is necessarily proportionate to the increase of commerce, some information with re- gard to the former may be interesting. In 1856, when the exports from Galveston amounted in value to $1,252,925, the tonnage of vessels entered at that port was 10,846 tons; in 1860 it was 32,263; in 1870, 31,555 tons; in 1880, 117,972 tons; and in 1883, 153,614 tons. At the date of June 30, 1883, there were documented in the state of Texas 274 vessels, with an aggregate tonnage of 10,672 tons, of which 36 were steamers, aggregating 3,308 tons. There is but little ship-buUding in Texas. During the year ending June 30, 1883, nine small sailing vessels were launched, aggregating only 96 tons, and two steamers aggregating nearly 65 tons. Internal transportation is carried on by river steamers of light draft,^' and along the systems of railroads that have been estab- lished. During late years measures have been adopted for the improvement of rivers and harbors. Consid- erable sums of money are being expended in projects to deepen the channels over the bars at the entrances of the bays and at the mouths of the principal rivers.'^ In early days the high-roads leading through Texas were, as Kennedy remarks, "of nature's construction," cautile operations in individual cities is illustrated by the success of Sanger Bros, wholesale merchants and dealers. This firm does business in Waco to the amount of nearly $500,000 worth of goods annually, and in Dallas to nearly three times that amount. Allien they first opened their house in Waco, they employed only two clerks; now they employ 65 clerks in the same estalSlishment. This result was attained in less than a dozen years. Sanqer's Statement, MS. ^'In 1850-1, a canal was constructed by the Galveston and Brazos Xavi- gatiou Co., connecting Galveston and Brazos river, at a cost of s.'^40,000. The cutting is 8 miles in length, 50 feet wide at the surface, and 3J feet deep; the remainder of this transportation line is 30 miles in length, and passes through the slack waters of the Oyster Bay and AVest Bay. U. S. H. 2Ihc. , cong. 4y , sess. 2, xiii. 754^5, gen. fol. ^2 Improvements are being effected at Sabine pass and Blue Buck bar, on the Sabine, Neches, and Trinity rivers; at the entrance to Galveston harfjor, and on a ship-channel in the bay; on Buffalo bayou; the channel over the bar at the mouth of the Brazos; at Pass Cavallo inlet to Matagorda bay; Aransas pass and bay, up to Rockport and Corpus Christi; on the harbor at Brazos Santiago; and in the protection of the river bank at Fort Brown on the Rio Grande. U. S. H. Ex. Doc, cong. 48, sess. 1, vol. iv. 1047-97. ROADS Am) MAILS. 569 and in the dry season no difficulty was encountered, except at the rivers, in journeying from the Rio Grande to the Sabine in carriages ; ^^ during the rainy months travelling was very toilsome and expensive. The postal service along such routes was irregular and deficient, but as the country became more settled, a greater degree of efficiency was attained. In 1857, an overland mail route was established between San Antonio and San Diego, California," under a contract entered into with the government by James E. Birch. Referring to the postmaster-general's report of De- cember 4, 1858, it will be found that the annual cost of mail transportation, including route and local agents and mail messengers, for the years ending June 30, 1857 and 1858, was respectively $232,138 and $359,300, the estimate for the year ending June 30, 1859, being $604,363. This great increase is due to a large number of new service routes being established. From this time the service has developed in propor- tion to the increasing requirements of the state. Ac- cording to the postmaster-general's report of November 19, 1883, it appears that in the years ending June 30, 1882 and 1883, the number of post-offices in Texas was respectively 1,438 and 1,448. The aggregate length of the mail routes for the latter year was ^ Almonte says: 'Desde Mexico hasta los Estados-Unidos se pueds viajar en carmage, die menos seis meses del aflo, prinoipiando en mayo d junio.' ^ot. Estad. Tej., 44. See also Var. Impresos, 2, no. vi., 44^5, 65-88, table no. 7, 96. ^* On the more northern overland mail route to California, Adam Rankin Johnson, in 1855, bought the Staked Plains station, the most dangerous point on the line. He also acquired other stations, but was compelled to give them up on account of the difficulty he experienced in obtaining laboring men, owing to the hostility of the Indians. Johnson was born in Kentucky Feb. 8, 1834, and settled in Burnett county, Texas, in 1844. He served with distinction in the confederate army, doing most important scouting service. He organized the Breckenridge guards, and was made a general of brigade by Morgan. At the engagement at Grabbs' cross-roads, near Cumberland, Johnson received a shot in the right eye, the ball passing in rear of the left eye, and through the left temple. Both organs were instantly destroyed. Being taken prisoner, he was exchanged March 26, 1805, and returned in that year to Texas, where he took up his abode on a small rancho in Loland CO. Starling's Bioj. of A. R. JoJiiison, MS. Particulars of the two great over- land mail routes will be found in U. S. Sen. Doc, cong. 35, sesa. 2, iv. 739- 52. See aho Tex. Aim., 1859, 139-50. 570 INDUSTRIES, COMMERCE, AND RAILROADS. 1S,S71 miles, the mails being transported over 5,371 miles by rail, and 492 miles by steamboat, the bal- ance of 13,008 miles representing routes designated as "star routes," irregular proceedings in contracts for which have been repeatedly exposed." The total an- nual transportation is represented by distances aggre- gating 8,948,035 miles, at a cost of $718,516." Railroad systems have been developed in an extraor- dinary degree in Texas during the last ten years. In 1870, there were less than 300 miles in operation, and in 1876 only about 1,600 miles, while in 1885 over 7,000 miles had been completed. During the repub- lic numerous charters for railroads were granted, but none were acted upon, and it was not until 1852 that the first road was commenced. A brief account of the oldest line in the state will not be uninteresting. In the above-named year, a preliminary survey was made, and some work done, on what was then called the Buffalo Bayou, Brazos, and Colorado road, start- ing from Harrisburg with a westerly direction, and in tiie same year the whistle of the first locomotive on Texan soil was heard at Harrisburg, being also the second put in motion west of the Mississippi. The company was organized June 1, 1850, at Boston, Massachusetts, by General Sidney Sherman, who may be regarded as the father of railroad systems in Texas. The work progressed slowly, and the Colo- rado was not reached till 1859, when the line was open to Eagle lake, 65 miles from its initial point. In 1866, it had been extended to Columbus, the river being bridged at AUeyton. By an act of the legisla- ture the charter was changed in 1870, and San An- tonio made the objective point. Since that time it has been called the Galveston, Harrisburg, and San Antonio railway, perhaps better known as the "Sun- set route." On January 15, 1877, the road reached San Antonio, the citizens of Bejar county having voted, '* This remark does not apply individually to the Texas mail service, but to that of tne U. S. generally. 5" U. S. H. Ex. Doc, oong. 48, sess. 1, ix. 108, 133. EAILWAYS. 571 January 1876, $300,000 in county bonds to secure the speedy completion of the line. In the same month the passenger terminus was changed from Harrisburg to Houston by a line from Pierce junction. Follow- ing the setting sun, it has since been extended to El Paso, where it connects with the Southern Pacific, into which system it has been incorporated, though it is still under the control of its own managers. At that point it also connects with the Mexican Central. The length of the main line is 848 miles, and no rail- road in Texas has had more influence in the settlement and development of the country. The branches con- nected with it are the La Grange from Columbus, 31 miles, the Gonzales from Harwood, 12 miles, and the branch to Eagle Pass, on the Rio Grande, where con- nection is made with the Mexican International. At Spoflbrd junction, a few miles from San Antonio, the main line is crossed by the International and Great Northern, which connects at Laredo with the Mexi- can National. Thus it will be seen that access is given to all points in the Mexican republic that have railroad communications." The next railroad commenced in Texas was the Houston and Texas Central. The original charter was granted in 1848, by which the company was in- corporated under the title of the Galveston and Red River Railroad company, the object being to construct a line from Galveston to the northern boundary of the state. Work was begun in 1853 at Houston, instead of Galveston, by the original incorporator, Ebenezer Allen, his action being confirmed by the legislature, which, on February 7th of that year, granted the charter for the road under consideration ; thenceforth the line assumed its present name. The rivalry existing between Galveston and Houston was arranged by a compromise, under which the two cities 3' Tliratt, 618-19, 766-7; Tex. Aim., 1859, 219-20; 1860, 202; 1861, 228; 1867, 185-6; 1868, 122-6; Burke's Tex. Aim., 1882, 216; 1883, 72; Land and Tli