£77 REMNANT OF THE OLD FOUT OF THE ALAMO. A Pictorial History -OF- T E X A S, From the Earliest Visits of European ADVENTURERS, TO A. D. 1879. EMBRACING THE PERIODS OF MISSIONS, COLONIZATION, THE REVOLFTION - THE REPUBLIC, AND THE STATE; ALSO, A TOPOGRAPHICAL DESCRIP- ' -^riON OF THE COUNTRY; ITS RIVERS, MOUNTAINS, SOILS. MINEKALS AGRICULTURAL PRODUCTS, LIVE STOCK, POPULATION, RE- SOURCES. WEALTH, ETC.; TOGETHER WITH ITS INDIAN TRIBES AND THEIR WARS, AND BIOGRAPHICAL SKETCHES OF HUNDREDS OF ITS LEAD- ING HISTORICAL CHARACTERS. — ALSO,- A LIST OP THE COUNTIES, WITH HISTORICAL AND TOPICAL NOTES. AND DESCRIPTIONS OF THE PUBLIC INSTI- TUTIONS OF THE STATE, ASYLUMS, PENI- TENTIARY, SCHOOLS, CHURCHES. R^^ILROADS, ETC. FIFTH EDITION, CAREFULLY REVISED, BY REV. HOMER S. THRALL, A. M. ' ST. LOUIS, MO. : N. D. THOMPSON & CO. 1879. r =5^^ Entered according to Act of Congress, in the year 1878, By homee s." thrall. In the Office of the Librarian of Congress at Washington. PREFACE. Among the newer States of our American Union, there is prob- ably no one about which so much has been written and published as the State of Texas. In 1857, Frederick Law Olmsted publish- ed a volume of 516 pages, entitled '* A Journey Through Texas ; or a Saddle-trip on the South-western Frontier." Mr. Olmsted mentions thirty-three bound volumes on Texas, by more than thirty authors. Seven of these were in two volumes each, making an aggregate of forty separate books, many of them large octavos of from four hundred to six hundred pages. Since that period the press has thrown off scores and even hundreds of publications — histories, biographies, descriptive pamphlets, addresses, etc. These have been scattered broadcast over the country by immi- gration agencies, railroad corporations, companies of land specu- lators, and others. The question arises, then, whence the necessity of another work on Texas? Partly because previous histories have been toe brief in some particulars and too diffuse in others. Many of the descriptive pamphlets have been too highly colored ; personal narratives too partial, and often de- fective in details ; and the statistics too meagre and in some instances entirely unreliable. It needed another volume to give a complete history of the State down to the present time ; and to condense, and classify, and give in a reasonable space the past history, present condition and prospective development of this, the great Empire State of the continent. The design of the author is to give in the present volume a iv. PREFACE. true picture of Texas, its soil, its climate, its people and theii institutions, its resources, its capabilities for sustaining a dense population— a population to be counted by the million. We say a tme picture, so that the immigrant entering the State may learn vhat part is best adapted to the business in which he proposes to en'^age. To the hardy poor man who expects to make his living by honest industry, and to raise his family where they will enjoy the advantages of good schools and churches, probably no portion of the American continent oflfers such advantages as Texas. Here labor is always in demand at remunerative price ; provisions are cheap ; here is land for those who wish either to lease or purchase ; tenement houses are furnished to farm laborers ; and a permanent home may be acquired upon accommodating terms. A homestead once secured, the man soon finds himself in posses- sion of teams and tools, of hogs and cattle, and is surrounded with home comforts. In the departments devoted to history , special pains have been taken to give facts and dates, with such reflections as will enable the reader to understand the controversies in reference to the own- ership of the country, and the various questions which have from time to time agitated the people, producing, in some instances, revolutions, and changes in the form of government. These events are generally related in chronological order, though in some instances that order has been deviated from, to complete the narrative of one event before entering upon that of another. In the notes, the reader will find a complete list of the execu- tives of the State, and the personnel of the various departments of the o-overnment ; also the votes at the principal popular elections, showing the steady increase in the number of electors. In the part devoted to the Indians may be found many inter- esting particulars of the aboriginal inhabitants of our prairies, and some thrilling incidents of frontier life and Indian warfare. It was not in accordance with the taste of the author to dwell iono- upon these harrowing scenes. Hapi)ily, such scenes now PEEFACE. V. seldom occur, and we have good reason to believe that we shall hear no more of these Indian raids, and the barbarities inflicted upon the pioneers of civilization. We think the reader will find the biographical department especially rich in interest. Arranged in alphabetical order are the names of more than two hundred of the men who have fio-ured conspicuously in Texas history. Space is accorded to each some- what in proportion to his historical importance, though the sketches of men still living are very brief, and mainly confined to the mere facts connected with their pul)lic life. The historical notes and topographical descriptions of the counties of the State, arranged in alphabetical order, are necessarily brief, but will give the reader a correct idea of their location, the char- acter of the soil, and other particulars necessary for those seeking homes in the State. In the miscellaneous department may be found a vast amount of information, condensed into a small compass — an account of our asylums, penitentiaries, educational institutions and churches — agricultural products and live stocks railways and commerce — statistical tables of wealth and population, etc. In the preface to " Thrall's School History of Texas " issued by the University Publishing Company of New York, in 1876, the author said : '« The history of Texas possesses a peculiar in- terest. The contests for the possession of the country ; the grand old mission structures efected for the conversion of the natives ; the numerous changes of government, give to our history an air of romance. In the summary of events in this volume, these interesting topics are only briefly noticed ; but it is to be hoped this recital will stimulate many to a more thorough investigation into the heroic period of our history." The present volume is sent forth not to supersede the school history, but to supplement and complement it. The former has its place and is adapted for the purpose for which it was prepared — use in the school room ; but the teacher who, with that volume, introduces his pupils to an VI. PREFACE, acquaiutancc with the elementary history of Texas, will need this to give the details and incidents in full which could not be incor- porated in the smaller work. In conclusion, the author returns his sincere thanks to the very large number of distinguished gentlemen — too numerous to men- tion — who have given him encouragement and assistance in his Work. H. S. THRALL. San A_ntonio, Texas, November 26\ 1878. TABLE OF CONTENTS. PART I. OENEBAL DESCBIPTION OF THE COUKTRl. CHAPTER I. ?AGE. IJ^ame. — Texas Claimed by both Spain and France. — Boundaries. — Area. — Characteristics of the country. .--- - - -17 CHAPTER II. General Divisions of the State.— ISorth Texas.— East Texas.— Middle Texas. — West Texas. — Northwest Texas. — Southwest Texas. — The Mineral Region.— The Pan Handle, or Staked Plains. - - - 23 CHAPTER III. Texas Rivers. — Their Names. —What Streams are Navigable.— Depth of Bars at Mouth. — Inland Navigation. — Water Supply. — Artesian Wells. — Water Power. - bb CHAPTER IV. The Mountains. — Altitude of Prominent Places. — Minerals. — Copper. — Lead. — Iron, — Silver. — Coal — Guano Caves, etc. - - - - 65 PART 11. TEXAS UNDEB SPANISH DOMIKATIOK,— 1685— 1820. CHAPTER I. Landing of La Salle. — Misfortunes. — Fort Saint Louis. — La Salle As- sassinated on the Nechez River by his own Men. — Fort Saint Louis in Ruins. ...- Vlll. TABLE OF CONTENTS. PAGE. CHAPTER II. Dc Leon, Govemor of Monclova, in Texas. — Founds Presidio, — in 1690. — Succeeded by Domingo Teran. — Saint Denis on the Rio Grande. — Correspondence Between De Alarconne and La Harpe. — Belisle on the Coast. — Indian League. - .-87 CHAPTER KT. Mission Establishments. — First Mass.— Missions in Alphabetical Order. — Adaes. — Aes. — Alamo. — Concepcion. — La Espada. — Gua(ialui)e. — La Bahia. — La Trinidad. — Loretto. — Nacogdoches. — Orquizaco. — Refugio. — Rosario. — San Fernandes. — San Jose, — San Saba. - - 92 CHAPTER lY. Colonists from the Canaries at San Antonio. — Texas at the Opening of the Nineteenth Century. — Nolan's expedition. — Difficulties Between Spain and the United States. — War Imminent, but Averted by Mys- terious Diplomacy. .--.---..- 102 CHAPTER V. Magee's Expedition. — Gutierres' March to Goliad. — Death of Magoo.— Desperate Fiirhting. — The Victorious Republicans on the way to San Antonio, gain a Splendid Victory on the Rosillo Creek — Shameful Massacre of Spanish Ofllcers. — Battle of Alasan. — Republicans De- feated at the Battle of Medina. — And the Royalists Avenge the Death of their Brother Officers - - - - - - - -112 CHAPTER VI. The Republicans at Galveston. — Aury. — Perry. — Mina. — Expedition to Soto La Marina. — Lafitte the Pirate. — Long's Expedition. — Dispersed in East Texas. — Rallies a Second Time at Galveston. — Takes Goliad. — Sent by the Spanish Republicans to the City of Mexico, where he is Mysteriously Mui'dered. — Mrs. Long Heroically Awaits his Return. — Conclusion of the Period. ----....- 125 PART III. COLONIZATION UNDER JIEXTCAN DOMINATION, 1820— 1834. CHAPTER I. Mexico Becomes a Republic. — Plan of Iguala. — Mexico Gains an Indis- TABLE OF CONTENTS. ix. PAGE, putable Title to Texas. — Colonization. — Keene. — Owen.— Moses Aus- tin Obtains a Contract.— Dies.— Stephen F. Austin in Texas, Selects a Location for his Colony— Austin Aided by Hawkins.— Schooner Lively Lost. — Austin in the City of Mexico. 147 CHAPTER n. Colonization Law of 1823.— Of 1824.— Coahnila in 1825; and again in 1832.— San Felipe Laid Out; Land Office Opened. — In 1824. — Ed- wards' Grant and Fredonian Troubles at Nacogdoches. — The Edv/ards Contract Annulled by Governor Blanco. 152 CHAPTER in. Other Contracts.— Thorn.— Leftwich.—DeWitt.—DeLeon.— Austin's Second Contract, and others from 1825 to 1830.— Settlement on Red River.— In the Southeast— Galveston Bay Company.— In the South- west. - 165 CHAPTER IV. Civil Administration —Governors.— Land Commissioners.— Alcaldes Districts.— Ayuntaniiento.— Political Chiefs of Departments.— State Congress. — Reflections on Colonization. — Almonte in the Prov- ince.— His Report — Disturbing Elements.— Taxation.— Slavery.— Texas Coveted by the United States. 169 CHAPTER V. Bustemente's Famous Decree.— Custom Houses.— Garrisons Estab- lished.— Bradburn's Arbitrary Proceedings at Anahuac— The Texans pronounce for Santa Anna and the Constitution of 1824.— Fight at Velasco. — At Nacogdoches. — Peace Prospects in 1832. - - - 178 CHAPTER VI. Hostile legislation.— Movement for a separation from Coahuila.— Con- vention of 1833.— Austin sent as Commissioner to Mexico.— Santa Anna deserts the Liberal Party.— Coahuila in a State of Revolu- tion. — Austin in Prison. — Santa Anna's Ultimatum to Texas. - 187" PART IV. THE REVOLUTION'. CHAPTER I. Santa Anna developing his New Policy.— Austin still a State Pxisoner. — Citizens Disarmed. — Zacatccas resists the Usurper. — Frauds in 3 X. TABLE OF CONTENTS. PAGE. Coahuila. — The Legislature dispersed by Cos. — Milam and Viesca Taken Prisoners — Republicans defeated at Zacatecas. — Santa Anna Dictator. — Parties in Texas. — Captain Thompson and the Schooner Corea. — Proscribed Patriots. ..----. 197 CHAPTER II. Committees of Safety. — Austin's Return. — Candella at Goliad. — Con- flict at Gonzales — Goliad Captured by the Texans. — Austin in Command on the Guadalupe. — The Consultation — Provisional Gov- ernment — Austin Marches towards San Antonio — Battle of Concep- cion. — The Grass Fight. — The Executive Couucil. - . - 205 CHAPTER III. A Navy Improvised. — San Antonio Invested. — Captured by the Texans. — Liberal Terms to the Vanquished. — Breach between Gov- ernor Smith and his Council. — Austin's Timely Advice. — Convention of 1836. — Declares the Independence of Texas. — Government Ad Interim. — Proposed Descent upon Matamoras. - - - . 219 CHAPTER IV. Santa Anna's Texas Programme.— Fall of the Alamo. — Fate of its Brave Garrison. — Urrea in the South-west. — Death of Grant, Mor- ris, etc. — Ward and King at Refugio. — Goliad Evacuated — Battle of Colita. — The Fcinnin 3fassacre. — Reflections on the Conduct of the Campaign. -- -- 238 CHAPTER V. The Mexican March towards San Jacinto. — Houston's Retreat. — Camps in Mill Creek Bottom. — The Mexicans meet with Resistance at San Felipe, and Turn Down the River to Richmond. — Both Armies Cross the Brazos. -.-..---.-- 255 CHAPTER VI. The hostile Armies Approach Each Otlier. — Skirmish on the 20th. — Battle of San Jacinto, April 21. — Houston's Ofiicial Report. — Reflections. _.-_. 261 CHxVPTER VII. President Burnet at Galveston. — Retreat of Filisola. — Treaty with Santa Anna. — Feeling in East Texas. — Difficulties of the President and His Cabinet. — Attempt to Arrest the President. — Another Mex- ican Invasion Threatened. — Naval Operations. — Mortit's Report on Texas. — Election. — Meeting of Congress. — Constitutional Govern- ment. 272 TABLE OF CONTENTS. xi. PART V. THE REPUBLIC, FROM 1837 TO 1846, CHAPTER I. PAGE Houston's Administration.— Congressional Proceedings.— Land Laws. Tlae Navy.— Government lienioved to Houston . - - - . or^j CHAPTER n. Lamar's Administration.— Trouble at Nacogdoches.— A New Navy.— Austin Selected as the Permanent Capital.— New Colonies.— Republic of the Rio Grande.— Santa Fe Expedition.— Its Miscarriao'e and the ^^"^^^- - - - - - - -302 CHAPTER HI. Houston's Second Administration.— State of the Public Finances.— Raids ofVasquez and Woll.— The Archive War.— Somervell in the South- west.— Mier Expedition.— Its Disasters.— The Snively Expedition.— Santa Anna's Proposal through Robinson.— The Navy. - - -319 CHAPTER IV. Jones' Administration.— Texas Prosperous.— Annexation Again Agi- tated.— England, France and the United States Interested. —Action'of the Texas Congress.— The Convention Accepts the Terms, July 4th, 1845.— Vote of the People. - - - . - - - - 341 PART VI. TEXAS AS A STATE, FROM 1847 TO 1879. CHAPTER I. Henderson's Administration.— Courts.— Public Domain.— Texans in the Mexican War.— Horton Acting Governor —Wood's Administration.— Public Debt.— Santa Fe Again.— Bell's Administration.— The United States Propose to Buy Santa Fe.— Pearce's Boundary Bill.— Santa Fe Sold.— Disputes About Land in Peter's Colony. - - - .357 CHAPTER II. Pease's Administration.— Debt of the Old Texas Republic scaled and settled.— Mexican Cart War.— Taxes Relinquished to Counties.— Political Parties. — Runnell's Administration.— Railroads.— Indian Reservations.— Cortina in Brownsville.— Houston's Administration. —Political Excitement.— Cortina Again.— Frontier Defence.— Hous- ton's Message to the Legislature.— Secession Convention.— Ordinance Passed.— Texas Unites with the Newly-formed Confederacy.— Hous- ton Deposed. -----...... 3(39 Xll. TABLE OF CONTENTS. CHAPTER III. PAGE, Clark's Administration.— SuiTciider of United States Property at San Antonio, and in the South-west. — Indians Hostile.— Warlike prepara- tions on a Large Scale.— The Bloclcade.— Lubbock's Administration.— The State Prosperous. — Arizona Expedition. — Federals take Posses- sion of Galveston.— Magruder in ComiAand in Texas. — Recapture of Galveston by tlie Confederates. — Federals Repulsed at Sabine Pass. — Conscript Law. — Martial Law. — Cotton Orders. — Houston on Mar- tial Law. — Murrah's Administi-ation. — Fine Crops. — Fedei-als in the South-west.— Fighting in Louisiana. — Cotton Orders Again. — Mur- rah vs. Magruder. — Confederate Armies Disband. ... 388 CHAPTER IV. First Reconstruction. — Hamilton's Administration. — Registration of Loyal Voters. — Election. — Convention. — Hamilton's Message. — Throckmorton's Administration. — Governments in the Southern States Declared Provisional, only. — Sheridan's Order on Assuming (Command. — New Registration. — Iron Clad Oath. — Throckmorton . Removed. — Second Reconstruction Convention. — Ab initio Contro- versy. — Suflfrage Bill. — Protest of the Ab initios. — Convention Dis- solved. — Election. 409 CHAPTER V. Davis' Administration. — Texas Delegates Admitted to Their Seats in Congress. — Martial Law Again. — State Police. — Frontier Protection. — Thi'eateued Collision at the Close of his Administration. — Happily Averted. — Coke's Administi'ation. — Country Prosperous. — Constitu- tional Convention. — Hubbard's Administration. — Lawlessness Sup- pressed. -...-.-.--.- 429 PART VII. INDIANS. CHAPTER I. Three Classes of Indians. 1. Pueblas. — Indians who Cultivate the Soil.— 2. Nassonites, Cennis, Caddos,'Wacos, Intrusive Tribes. — 3. Nomadic or Migratory Indians, that Live by Hunting — Comauches, Apaches, Lipans, etc., etc. ..-..,.- 445 CHAPTER II. Battles in Chronological Order.— On Galveston Island, 1818-1821.— On the Colorado, 1822-1823.— Caranchuas Banished, 1825.— Fights from TABLE OF CONTENTS. xiii. PAGE. 1826 to 1829.— Bowie's Fight in 1831.— Wilbarger Scalped in 1833.— On Red Eiver in 1834. — Parker's Fort Massacre in 1836. — Mrs. Plum- mer's Captivity. — Cynthia Ann Parker's Captivity of Twenty-five Years.- -----_..__.. 45j^ CHAPTER III. Indian Affairs during the Republic. — Fight in Robertson's Colony in 1837. — Near San Antonio — 1838. — Battle Creek, in Navarro County. ^Attack on Morgan's and Marlin's Families, in 1839. — Expulsion of the Cherokees. — Bloody Wox-k in the Council House, San Antonio, 1840. — Comanches Burn Victoria and Liunville, and are Defeated at Plum Creek. — Moore's Expedition to the Upper Colorado. — From 1841 to 1847. — Recovery of Miss Putnam, after a long Separation fi'om her Family. ----.-,-._ 457 CHAPTER IV. JS'umber of Indians in Texas at Annexation. — Indian Reserves. — Pros- perous, but Soon Broken Up.— Dove Creek Fight.— ^calping of Mrs. J'riend. — ^Texas now Free from Indian Raids. - - - . 467 PART VIII. BIOGRAPHIES. A. Allen, Ebenezer. — Allen, Houston Family. — Allen, John M. — Almonte, Don Juan N- — Anderson, K. L. — Archer, Branch T. — Arredondo, Joaquinde. — Austin, Moses. — Austin, Stephen Fuller — Austin, J. Brown. — Austin, Henry. — Austin, John. — Austin, William T. - - 477 B. Baker, Mosely. — Barrett, D. C. — Bastrop, Baron, P. N. Tut. — Baylor, E. B. — Bean, Ellis P. — Beaumont, Jefferson. — Bee, Bernard E. — Be- lisle, Monseur De. — Bell, Josiah H. — Bell, P. Hansborough. — Ben- nett, Joseph H. — Billingsly, Jesse. — Bogart, Samuel A. — Borden, Gail Jr. — Borden, John P. — Borden, Thomas H. — Bowie, James. — Bradburn. Juan Davis. — Brenham, Dr. R. F. — Briscoe, Andrew. — Brigham, Asa. — Brown, Henry S. — Brown, John. — Bryan, Moses Austin. — Bryan, Guy M. — Burleson, Edward. — Burleson, Ed. Jr. — Burnet, David G. — Burr, Aaron. — Bustemente, Anastasio. - - 498 C. Calder, R. J.— Caldwell, J.— Caldwell, M.— Callahan, J. H.— Cameron, Ewin. — Cameron, Dr. John. — Carson, Samuel P. — Castrillon, Gen- XIV TABLE OF CONTENTS. PAGE. eral. — Castro, Heni*y. — Cazneau, William L. — Chalmers, Dr. John G. — Chambers, Thomas Jefferson. — Childress, George C. — Cole, John P. — Coleman, Robert M. — Chriesman, Horatio. — Coke, Richard. — Collinsworth, James. — Cook, William G. — Cook, Lewis P. — Cordero, Antonio. — Cortinas, Juan N.— Cos, Martin Perfecto. — Crockett, David. 619 D. Darnell, Nicholas H. — Davenport, Samuel. — Davis, Edmond J. — Davis, H. Clay. — Dawson, Nicholas H. — DeLeon, Martin. — Dimitt, Philip. — Duval, John C— Duval, Thomas H. 529 E. Edwai-ds, Hayden.-Edwards, Monroe. — ElisondoDon,Y.— Ellis. Rich- ard. — Evans, Lemuel Dale. ---- . . .- 531 F. Fannin, James W. — Fields, Richard.— Fields, William. — Flores, Manu- el.— Fisher, S. Rhoads.— Ford, Dr. John S.— Franklin, B. C. - - 532 G. Gaines, Jas. — Galves, Don Jose Bernardo. — Gates Family. — Giddings, Giles A. — Giddings, J. D. — Giddings, John James. — Giddings, George H. — Giddings, D. C. — Gillespie, James. — Gillespie, R. A. — Grant, Dr. James. — Gray, William Fairfax. — Gray, Peter W. — Gray- son, Peter W. — Green, Tom. — Green, Thomas Jefferson. — Gregg, John. — Grimes, Jesse. — Groce, Jared E. — Gutierres, Bernardo. - - 540' H. Hall, Warren, D. C. — Hall, C. K. — Hamilton, James. — Hamilton, Mor- gan C. — Hamilton, Andrew J. — Hancock, John Handy, R. A. — Hansford, John M. — Hardeman, Baily. — Hawkins, Charles. — Haw- kins, Joseph H. — Hays, John C. — Heard, Wm. J. E. — Hemphill, John. — Henderson, J. Pinckney. — Herrera, Simon De. — Herrera, Jose Manuel. — Hewitson, Dr. James. — Highsmith, Samuel. Hill, B. F.— Hockley, George W. — Horton, Albert C. — Houston, Sam.— Howard, George T.— Howard, Volney E.— Hubbard, Richard B — Hunt, Memucan— Hunter, Wm. L.— Hunter, John Dunn.— Huston, Felix. 54» I. Ingram, Ira.— Ingram, Seth.—Isbell, Wm. 570. J- Jack, Patrick C— Jack, AVm. H.— Johnson, Frank W.— Johnson, Mo- ges.—johnson, M. T.— Johnston, Albert Sidney.— Jones, Dr. Anson.- Jones, Oliver.— Jones, Randal.- Jordan, S. W. - - - 570' K. Karnes, Henry.— Kaufman, David S.— Keenan, Dr. C. G.— Kemper, TABLE OF CONTENTS XV. PAGE. Samuel.— Kendall, George Wilkins.— Kerr, James.— Kinney, H.— L.— Kuykendall, Abner. g-.g L. Labadie, Dr. N. D.— Lafitte, Jean.-Lallemand, General.— Lamar, Mirabeau B.— Lasalle, Robert.— Lathrop, J. T. K.— Lester, John S.— Lewis, Ira A.— Lewis, Wm. P.— Lipscomb, Abner S.— Linn, J-J- - ' 580 M. Manchaca, Antonio.— Margil, Father.— Martin, TVylie.— Maverick, Samuel A.— McCulloch, Benjamin.— McHenry, John.— McFarland' Thomas S.— McKiuney, Collin.— McKinney, Thomas F.— McLcod* Hugh.— Menefee, Wm.— Mexia, Juan Antonio.— Milam, Benjamin R.— Millard, Henry.— Miller, Dr. James B.— Mina, Xavier.— Moore, Commodore E. 17.— Moore, Dr. Francis, Jr.— Moore, John H.— Mor- gan, James.— Murrah, Pendleton. 5g7 N. Navarro, Jose Antonio.— Neighbors, R. S.— Neil, John C— Newell John D. ---.._. _ * .„„ - • - • - 596 O. Odin, Bishop J. M.— Ochiltree, Wm. B.— Oldham, Wm. S.-Owen ^^^'^^' - - -596 P. Padilla, Juan Antonio.— Parker, Isaac— Patrick, George M.— Pease, ElishaM.— Parmer, Martin— Peebles, Dr. R. R.— Perry, Henry— Per- ry, James F.-Pillsbury, Timothy— Potter, Robert— Powers, James- Putnam, Mitchell. eg- R. Rains, Emory— Reagan, John H.— Riley, James— Roberts, Samuel A.— Robertson, Sterling C— Robertson, Dr. Jerome B.— Robinson, James W.— Robinson, John C— Robinson, Joel W.— Roman, Richard Ross— Ross, Reuben— Royall, R. R.— Runnels. Hiram G.— Runnels, Hardin R.— Rusk, Thomas Jefferson— Russell, Wm. J. - - - 599 S. Santa Anna, Antonio Lopez de.— Scurry, Richardson.— Scurry, Wil- liam R.— Seguin, Don Erasmo.— Seguin, Juan N.— Shackleford, Dr. John.— Shaw, James.— Sherman, Sidney.— Smith, Dr. Ashb'el.— Smith, Ben. Fort.— Smith, Erasmus (Deaf.)— Smith, Henry.— Smith, James.— Smith, Thomas I.-Smyth, George W.— Somervell, Alexan- der.— Stapp, Dai-win M.— Sterne, Adolphus.— Stewart, Dr. C. B.— Sutherland, George.— Swisher, James G. gjj XVI. TABLE OF CONTENTS. PAGE. T. Tarrant, E. H — Teel, Henry. — Teran, J. Mier y.— Throckmorton, J. W.— Toledo, Don Alvarez —Torry Family.— Travis, Wm. B.— Turner, Amasa. -----.-.-. 625 V. Vanzant, Isaac. .---------- 629 V/. Walker, Samuel H.— Waller, Edwin— Ward, Thomas William.— Wat- rou5, John C. — Webb, James. — Wharton, Wm. H. — Wharton, John A. — White, S. Addison. — Wilbarger Family. — Williams, Augustus W.— WiUiams, Robert H.— Williams, Samuel M.— Williamson, E. M.— Wilson, James C— Wilson, Robert.— Wood, George T. - 629 Y. Yoakum, Henderson. — Young, William C. - - - . - 635 Z. Zapata, Antonio. — Zavalla, Lorenzo de. -..--- 635 PART IX. HISTOR Y—CO U2TTIE8. Contains a list of all the counties, alphabetically arranged; ■with his- torical notes, brief descriptions, etc., etc. . - - - . 6^ PART X. MISCELLAXEOUS ITEMS, Alphhabetically arranged. — Agricultural Products. — Cotton, Com, Oats, Potatoes, Sugar and Molasses, Tobacco, Wheat, etc. ; Reports from the Agricultural Department, Washington. Asylums. — Blind, Deaf and Dumb, Orphan, Lunatic. Buildings. — Public, Capitol, Supreme Court, Land Office, Treasury Building, Governor's House. Churches, their History etc.— Catholic, Baptist, Christian, Episcopal, Methodist Episcopal, South, and M. E. Church, Protestant Methodist, African Methodist, Presbyterian, Presbyterian Cumberland. Census Statistics. Commerce. — Debt, State Education, its history in the State, Illiteracy, Scholastic Population, by Counties. Schools— Ag- ricultural College, etc. Live Stock. — Cattle, Goats, Horses and Mules, Sheep. PEyiTEKTiARY — Its history ; provision for a second. Population at different Periods. Railroads — History and Progress of Railroads in the State ; their Stations. Statistics of Wealth at dif- ferent Periods, Assessed Value of Property, Taxes, ad valorem and Poll in all the Counties, for 1877. Telegraph Lines. , - - 7'>2, LIST OF ILLUSTRATIONS. Page. liE:M:S'AXT OF THE OLD FORT OF THE ALAMO Frontispiece. COLOEADO EH-EE. :^L\TAGOEDA COUXTT S" SCEXE OX THE CAXADLiX EH^EE 43 SCEXE OX BEAZOS EIVEE, XEAE MAET.rV 53 FEEEY, CO:SIAL Em:E 63 SCEXE OX THE MISSISSIPPI IX THE TIME OF LA SALLE 78 IXDLVXS S3 LA SALLE'S MAP OF TEXAS S6 MISSIOX OF SAX JOSE 93 IXDIAX H0ESE:MEX 103 GYPEESS CEEEK. XEWTOX COL'XTY 113 TEESLTT ERTIE, SCEXE XEAE LIBEETT 123 LAFITTE 133 THE OLD COXCEPCIOX MISSION, XEAR SAX AXTOXIO 1 43 CATHEDEAL DE SAX FEEXAXDO 153 BOWEX'S BEXD. SAX AXTOXIO EFVEE 163 SAXTA AX'XA 173 FOET OX THE TTESTEEX BOEDER 1S3 STEPHEX F. AUSTIX 193 MEXICAN'S 203 SAM HOUSTOX 213 EDWARD BLTELESOX 223 ELTN'S OF THE SAX JOSE MISSIOX 233 GROTJSD PLAX OF THE ALAMO 240 STOEMLN'G OF THE ALA3I0 243 SCOI'TIXG 253 HOUSTOX DICTATIXG OEDEES TO ADJL'TAXT HOCKLEY 263 BATTLE GROrXD OF SAX JACIXTO 269 DA^TD G. BLTIXET 273 A :MEXICAX JACAL 2S3 OLD CAPITOL, HOUSTOX 293 MIEABEAU B. LAMAE .303 xviii. LIST OF ILLUSTRATIONS. Page . THE TOWN OF SAN ANTONIO DE BEXAR. TEXAS, 1840 3l3 DAVID CROCKETT 323 URSULINE C0N\T:NT, SAN ANTONIO 333 ANSON J0NT:S 343 INDIAN WAR DANCE 353 ^CENE NEAR FORT MASON 363 373 E. M. PEASE.... ELLIS P. BEAN. F. R. LUBBOCK .383 .393 STERLING C. ROBERTSON. . • • ^03 CADDO CHIEF ^^3 PLACIDO, CHIEF TONKAWAS ^-3 EDMLT^D J. DAVIS = ^33 COMANCHE WARRIOR 443 A CHIEF OF THE KIOWAS 453 BATTLE CREEK FIGHT, NAVARRO COUNTY, 1838 463 TRADING WITH THE INDIANS 473 RICHARD COKE 483 RICHARD B. HUBBARD 493 HOUSTON ANT) SANTA ANNA 503 TOM GREEN 513 THOS. F. McKINNEY 523 vJOHN CALDWELL 533 O. M. ROBERTS 543 . THOS. J. RUSK 553 , SIDNEY SHERMAN 563 .THOS. WjVI. ward 573 1/ R. M. WILLIAMSON 583 HOUSTON PIERCED WITH AN ARROW 593 MONUMENT ERECTED TO THE HEROES OF THE ALAMO 603 PIONEER SUNDAY SCHOOL 6]3 CAPITOL AT AUSTIN, IN 1870 623 RUINS OF LAFITTE'S FORT 633 COURT HOUSE, PARIS 643 COURT HOUSE, SHERMAN 653 LIST OF ILLUSTKATIONS. xix. Page. SCENE ON COMAL KIVEK 6G3 COURT HOUSE, DALLAS 673 VIEW OF SAN ANTONIO, IN 1878 683 COURT HOUSE, AUSTIN 693 METHODIST CHURCH AND PARSONAGE, CORPUS CHRISTI 703 GOVERNOR'S MANSION, AUSTIN 713 COURT HOUSE, FORT WORTH 723 iMASONIC TEMPLE AT PALESTINE, L & G. N. R. R 733 VIEW OF AUSTIN FROM THE DEAF AND DUMB ASYLUM 739 TEXAS MILITARY INSTITUTE, AUSTIN 745 OLEANDER GROVE, TEXAS 75I LAND OFFICE OF TEXAS, AUSTIN 757 MARKET HOUSE, HOUSTON 763 VIEW OF SAN PEDRO SPRINGS, SAN ANTONIO 769 FORMER MILITARY HEADQUARTERS, SAN ANTONIO 775 COMAL RIVER NEAR NEW BRAUNFELS 781 VIEW OF COMMERCE STREET, SAN ANTONIO 787 MASONIC HEADQUARTERS OF STATE, HOUSTON 793 POST OFFICE, GALVESTON 799 CORNFIELD, BRAZOS BOTTOM, ROBERTSON COUNTY, I. & G. N. ^- R 805 TREMONT STREET, GALVESTON 811 STATE INSANE ASYLUM, AUSTIN 817 EPISCOPAL CHURCH, PALESTDO: 823 SPANISH FANDANGO 829 RAILROAD BRIDGE, BRAZOS RIVER NEAR HEARNE, I. & G. N. R. R.835 ARANSAS BAY §41 COLORADO RIVER BRIDGE, AUSTIN, L & G. N. R. R 847 BIRD'S EYE VIEW OF HOUSTON 853- PART I. General Description, CHAPTER I. NAME— TEXAS CLAIMED BY SPAIN AND FRANCE— BOUNDARIES— AREA— GENERAL CHARACTERISTICS OF THE COUNTRY. /TV HE name of Texas was derived from an Indian tribe J- belonging to the great Caddo family. The country now known as Texas has, at various periods, borne dif- ferent names. In old m~aps that on the north is called Texas, or New Phillipines ; while that farther to the west is marked as Coahuila or New Estremadura. For more than a century the territory was claimed both bv France and Spain. The Spaniards were the first occu- pants. In 1522 De Narves traversed the country from the Rio Grande to Mobile. Again, in 1537, De Nisa vis- ited the Rio Grande, entering the village of Isleta, then inhabited by Puebla Indians; and in 1540 Coronado took formal possession of the village, in the name of the Spanish crown. Under the ministrations of the mission- aries, the inhabitants readily embraced the Christian faith. In 1585 another coixy^any of missionaries, under Espejo, took possession of El Paso and Santa Fe. The claim of the French was based upon the landing of LaSalle, with his colony, on the coast, in 1685. On the old French maps Texas is put down as a part of Lou- isiana. The old Spanish maps, however, claimed it as 18 HISTOEY OF TEXAS. belonging to ]^ew Spain. In those old maps, the differ- ent provinces of New Spain are marked as follows : The east line of JVew ]\Iexico reaches to the Pecos River, in- cluding part of the present counties of Tom Green and Crockett. The Medina river is marked as the east line of Coahuila, though a narrow strip attached to Texas ex- tended to the mouth of the Rio Grande. In these old maps the Calcasieu is j^ut down as the boundary near the coast, and the Hondo, a tril)utary of Red River, near JSTatchitoches, as the line between the possessions of the French and Spanish crowns.* The ownership of Texas had not been fully settled, when, in 1803, France sold Louisiana to the United States. The latter government wanted both Texas and Florida, neither of which Spain was willing to surrender. Finally, in 1819, February 22, an agreement was entered into between John Quincy Adams, on the part of the United States, and De Onis, on the part of Mexico, by which Spain transferred Florida to the United States, and the latter gave up her claim to Texas. At the period of the Texas revolution the northern boundary was still un- detined; several large settlements on the south side of Red river were claimed both by Arkansas and Texas. In a final adjustment in 1849, in which G.W. Smyth rep- resented Texas, and J. W. Overton the United States, the most of this disputed territory, including portions of Bowie and Red River counties, were conceded to Texas, y At the period of annexation the boundaries of the re- *By a royal charter, dated Sept. 14, 1712, Louis XTV granted the whole of l>ouisiaiui to Anthony Crozat. Mr. Yoakum and other liistorians have asserted that this grant inckided all the country to the Rio Grande ; where- as the language of the charter included only the country watered by the Mississippi and its tributaries. BOUNDARIES AND AREA. 19 public, as estimated by Mr. Smyth, the Commissioner of the G-eneral Land Office, were as follows : The distance from the mouth of the Rio Grande along our coast to the mouth of the Sabine 375 miles From mouth of Sabine, by the river, to 32d parallel 299 - Up Sabine river to Red river, due north 106 " From point of intersection with Red river to 100th degree of long- itude west g20 " On the meridian of 100th degree due north to Arkansas river 250 " Along Arkansas river to source of Rio Grande 640 " Entire eastern and northern boundary 1 915 u From source of Rio Grande to its mouth 2 240 " Making the entire boundary of the Republic 4 530 " \ By the sale of Santa Fe, in 1850, Texas parted with '98,360 square miles of territory; equal to 56,240,640 acres. Texas is bounded on the south by the gulf of Mexico ; on the east by the Sabine river, up to the thirty-second parallel of north latitude ; thence due north to Red river, thence along said river to the meridian of one hundred degrees west from Grreenwich ; thence due north to the intersection of parallel of thirty-six degrees, thirty min- utes, north latitude ; thence due west to the meridian of one hundred and three degrees west from Greenwich ; due south to the thirty-second degree of north latitude ;' thence along said line to the Rio Grande ; (these lines' separate Texas from Louisiana, Arkansas, the Indian Territory, and New Mexico.) thence down said Rio Grande to its mouth, separating Texas from Mexico. According to Disturnell's treaty mdp, published in 1850, Texas had, after the sale of Santa Fe, 237,3 21 square miles of territory, equal to 151,885,440 acres. Later estimates from our own land office give the State 268,684 20 HISTOKY OF TEXAS. square miles ; this exclusive of Greer county. It extends from about twenty-five and one half degrees to thirty-six and one half, north latitude, and from ninety-three and a half to one hundred and seven degrees of longitude west from Greenwich. Its greatest extent from north to south is nearly one thousand miles, and it is but little less from east to west. Texas, thus situated on the Gulf of Mexico, stretches half-way to the Pacific Ocean, in a climate where snows are almost unknown, and lies right in the track along which the vast commerce from the East to the West must ultimately flow. The great continental railway is destined inevitably to traverse this territory, and some of its eastern termini must be at some of its seaports. In those portions of the State devoted to agriculture, a large proportion of the land is susceptible of cultivation, and immense bodies are as rich and fertile as can be found on the continent. This is true, not only of the alluvial bot- toms, but also of a considerable proportion of the prairie lands of the interior. Writers speak of the stock region ; of the sugar belt ; of the cotton belt, and the wheat region ; but in truth every kind of stock, such as horses, mules, cattle, sheep, goats, hogs, etc., do well in all parts of the State, and can be raised with profit anywhere by giving the necessary attention to them. Soof the soil products. Every arable acre of ground in the State will produce corn, cotton, sorghum, potatoes, Irish or sweet, peaches, grapes, etc. Sugar from the ribbon cane may be profitably cultivated anywhere south of the thirtieth parallel of north latitude ; and wheat, rye, oats, apples, etc., anywhere north of that latitude. The coast counties for a distance of fifty to one hun* dred miles interior are quite level, but beyond, the coun- THE CLIMATE. 21 try becomes rolling, with alternate gradual elevations and depressions, and this inequality of surface increases as we proceed towards the northwest, until it finally becomes hilly and then mountainous in some of the northwestern counties. In fact the whole of Texas is an inclined plane, with a gradual descent from the northern or western boundary to the Gulf. Austin and San Antonio are six hundred feet above the Gulf surface, and the country farther north is still more elevated. The highest of the mountains do not, however, exceed two thousand feet above their base. It seems to be a general impression with people abroad that Texas is unhealthy ; that the climate is excessively hot ; and that foreigners especially run a great risk in coming to a State so far south. Nothing can be more re- mote from the truth, as thousands of foreigners from all parts of Europe can testify. The temperature in Texas in the hottest days of summer is nearly always several degrees below the greatest heat at the JN'orth, and while many deaths in most of the JSTorthern cities occur every year from sun stroke, there is not, perhaps, a well authen- ticated instance in Texas of a single death from this cause. But a comparison of the range of the thermometer there and here removes all doubt on that subject. In winter the difference in temperature between Texas and the Northern States is still more manifest, the severity of the cold being many degrees greater there than here. The fact is established beyond doubt that Texas has the most uniform, equable and mild temperature of any State in the Union, neither the heat or the cold being so exces- sive, and, other things being equal, this exemption from the extremes of heat and cold is prima facie evidence of a more healthful climate. But this evidence is corrobor- ated by experience, for although certain diseases are prev- 22 HISTORY OF TEXAS. alent in many parts of Texas, yet the general health of the country is not surpassed, if equaled, by any other State, while for salubrity of the climate all Western Tex- as is proverbial. The whole sea coast, for more than a hundred miles interior, is fanned by a most delightful and health-giving breeze from the Grulf during all the sum- mer months. It is true that in the heavily-timbered bottoms, and on the margins of the sluggish streams and lowlands, peo- ple are liable to chills and fevers and other malarial diseases ; but these generally yield readily to proper treat- ment. The interior, especially of Western Texas, is an- nually visited by thousands of invalids seeking health ; and those who come before disease has fastened itself too firmly upon the system are generally greatly benefitted. CHAPTER II. GENERAL DIVISIONS OF THE STATE — NORTH TEXAS— EAST TEXAS— MIDDLE TEX- AS — WEST TEXAS — NORTHWEST TEXAS — SOUTHWEST TEXAS— THE MINERAL REGION— THE PAN HANDLE. cET^OIl convenience in describing our great State, we -L divide it into districts. I. North Texas. II. East Texas. III. Middle Texas. lY. West Texas. V. North- west Texas. YI. Southwest Texas. YII. The Mineral Region. YIII. The Pan Handle or Staked Plains. I. Northern Texas. — This includes a double or triple tier of counties on the south side of Red river, as far west as the counties of Wise, Montague, Erath, etc., some thirty counties or more. An area of about twelve counties of the eastern part of this division would more properly have been included in the division of East Texas, as it much more nearly corresponds in all its characteristics with the entire body of timbered country lying east of the Trinity than with any part of the prairie to which this division attaches it. The two subdivisions can not be described together, as they are as different from each other as day from night in every characteristic. This eastern body of country, generally denominated Northeastern Texas, is one of the most interesting and important subdivisions of the State, whether considered with reference to its population, its capacities for agricul- tural production, or its location with regard to the necessi- 24 HISTORY OF TEXAS. ties of trade and travel, and the consequent construction of thoroughfares. An imaginary irregular line drawn from the town of Clarksville, in Red River county, through the northwest corners of Titus Wood, and Yan Zandt counties, and the southeast corner of Kaufman county to the south line of this division, will sufficiently indicate the western or outside line of this subdivision. All east of this is a timbered country, and presents the same general features. The face of the country is rolling and hilly. The soil is generally sandy, mixed with loam in varying quantities in different localities, and productive in porportion to such admixture. The exceptions to the sandy soil are the ferruginous red soils, quite productive with plenty of rain ; the post-oak flats, and swamps along the streams, the latter two valueless for cultivation but covered with fine timber. The streams are sluffs-ish and discolored, and the low bottom-lands which border them are subject to overflow ; but many of them are covered with cane and various grasses, which afford fine shelter and food for stock, especially horses, w^hich keep fat the year round without food or attention, but are liable to the contingent dangers of an overflow, in which numbers are sometimes lost. The most productive lands lie between the sand-hills and the swamps, and frequently up to the margins of the smaller creeks, and are a kind of irregu- lar second bottom. They will produce, the season being favorable, a bale of cotton or forty bushels of corn per acre, while the upland sand-lands will produce about one half that amount, but are preferred by many on account of the greater case with which they can be culti- vated, and the advantage they have in wet seasons. These lands are in some places underlaid with a stiff clay at the depth of a foot, while in other places in the same field one may dig forty feet through sand alone. TOPOGRAPHY OF NORTHERN TEXAS. 25 The timber of this section is very valuable, especially the pine, \vhich abounds ; extensive steam saw-mills being found in the pineries of these counties, from which lum- ber is hauled on wagons more than two hundred miles westward to supply the constantly increasing wants of the j^rairie section. The other timber is mostly post-oak, interspersed with hickory, black-jack, etc. The bottoms abound in all kinds of oaks, ash, hackberry, and many other kinds of timber. Water in this section is abundant and generally good — entirely freestone. Springs, pure as crystal,are frequent, breaking out from the base or sides of the sand-hills, and good water can generally be obtained, by digging, at from twenty to thirty feet ; the exceptions to this being in the post-oak flats, where good water is scarce, either above or below the surface. Immediately west of this imaginary line commences the great prairie region of Northern and Middle Texas. The " divide," or water-shed between Red river and the Gulf of Mexico is distant from a half to forty miles from the former. Along Red river is a border of a rather rugged country from one half to twelve miles wide, mostly covered with timber, and abounding in springs of water ; but mostly with a thin sandy soil adapted to small farmers, except the Red river bottoms, which are extensive and exceedingly fertile, and subject to occasional overflows. South of this fringe of timber, and with a northern front of from Lamar to Clay County, (one hundred and fifty miles on an air-line,) inclining westward on its eastern border, as before laid down, lies the great prairie, extend- ing to the south line of this division, its unity broken only by the timber borders along the streams and by the two very remarkable bodies of timber called " The Cross Timbers," which are worthy of a brief description. 26 HISTORY OF TEXAS. The " lower cross timber" is a body of timbered country embracing, at its northern extremity, the eastern half of Cooke county and western edge of Grayson, and being about fifteen miles wide. Running southward, it passes, gradually becoming narrower, through the east parts of Denton, Tarrant and Johnson, and west part of Hill county, to the Brazos river at Fort Graham. This body of land is rolling and sandy, and assimilates very nearly to the timbered section before described ; but this is generally of a poorer soil than that, and abounds less in springs and w'ater as a rule. The timber is the same, except there is no pine, and the growth is shorter as we go westward. The soil is adapted to the growth of corn, cotton, sweet potatoes, etc., but not to small grains nor grasses, nor to stock raising, except in the eastern section. The " uj^per cross timber " begins on Red river, some thirty miles above the lower, and is about the same width, running south through the middle of Montague county,, near the south line of which it breaks up, the eastern portion running through Wise and Parker counties, while the w^estern extends irregularly, and frequently in patches and mots or small groves, through Jack, Young, Palo Pinto and Erath, affording abundant timber (such as it is) to those counties. This timber is, on the uplands, almost exclusively post-oak and black-jack, and is short and scrubby. In the bottoms, pecan, ash, hackberry, cotton- wood, etc., are common. The entire prairie east of the upper cross timber is a beautiful and very gently rolling country, scarcely broken by rocks, stumps, gullies, or anything else which could impede or interfere with the progress of gang-plows, reapers and mowers, or any other agricultural labor- saving machinery, whether propelled by steam or other power. Indeed, the cultivation of wheat has for years been TABLE LANDS AND MOUNTAINS. 27 done by the use of such implements, propelled by horse or ox-power. Near the south line of Montague and Clay counties commence the " mountains," which though not so " stuck up " as their distant relations, the Alleghany, Blue Ridge, Rocky Mountains, etc., w^hich hold their heads much higher, are still fully entitled to the appellation of mount- ains ; as, though only moderate hills in point of altitude, they are mountains in character, with rocky precipices and ledges and spurs, and abounding in fhe necessary num- ber of wild beasts and rattlesnakes. Many of these mountains are isolated mounds or cones, either perfect or truncated, rising from a base of table land, on which, in many places, travel by wagons is easy through the entire range to the level prairie on the other side. Some of these hills and ridges are covered with timber, while others are bald and bare. This range is from thirty to sixty miles wide, and extends southwardly to near San Antonio, the cities of Austin and New-Braunfels being on its eastern border , and the rivers of San Marcos, Guadalui:)e and San Antonio break out from its base. But this is out of our present latitude. Between these mountain ridges are many valleys of great fertility and beauty, some of them large enough for farms of 640 acres, arable land, but most of them smaller. Much of the prairie adjacent to this region is covered with stones, so as to render it unfit for cultivation, but furnishes material for building and fencing, which, in the absence of good timber, will be much used as the country is settled. These mountains, further south, are covered with cedar in many places, which is the most valuable fencing timber known. This mountain country forms the w^estern line of settlement along its whole extent. II. East Texas includes about twenty counties, lying 28 HISTORY OF TEXAS. between the Trinity river and the State line on the east, and extends from the southern boundary of Northern Texas to the Gulf of Mexico. This is the great timber region of the State, Immense tracts are covered with the finest forests of pine, and other valuable timber growths. The counties bordering on the coast, and as far inland as Liberty, are generally flat, and considerable portions of this region are prairie, and admirably adapted to stock raising. Numerous rivers and creeks traverse all parts of East Texas. Many of these are navigable, and furnish means of transporting their lumber to market. Further inland the surface becomes, first gently undulating, and then hilly ; but still heavily timbered, and possessing a rich soil. During the early period in our history the red lands, as they were called, in JNTacogdoches, San Augus- tine and adjoining counties, were considered equal to any in Texas. III. Middle Texas lies below Northern Texas, and embraces all the territory to the Gulf between the Trin- ity and Colorado rivers. It has some twenty-five counties. This has been called the garden of Texas. For fertility, the alluvial bottom lands of the Brazos, the Colorado and other rivers and creeks of this division, have been compared to the delta of the Nile. The coast region is flat, and stretches out into broad and beautiful prairies, intersected with a perfect net-work of creeks and bayous, along which are skirts of valuable timber. In the tier of counties bordering on the Gulf is found the best land for the production of sugar in the State ; while in the more rolling counties of the interior, cotton is the staple product. This district has the two large commer- cial cities of Galveston and Houston, and Austin, the State capital. IV. West Texas. — In common language, West Texas GENEEAL DIVISIONS OF TEXAS. 29 includes all west of the Colorado river ; but in this division we include the country between the Colorado at Austin on the north-east, and Bexar county on the south-west ; and the Colorado and San Antonio rivers to the Gulf. This division has about twenty counties. It has Indianola as a sea-port, and the old cities of Victoria, Goliad and San Antonio. The physical features are very similar to those of Middle Texas, already described. V. K'oeth-West Texas. — This includes about forty counties lying north of Bexar, and extending to the western line of Kimble county, and thence to the Red river, including the county of Greer, and all eastward to North Texas. The general description of the western division of Northern Texas answers as well for this division. It is a region 'of vast extent, and inexhaust- ible, though as yet undeveloped resources, mineral and agricultural. 'No portion of our great State is filling up so rapidly, and no country on the globe offers greater inducements to immigrants. VI. South- w^EST Texas. — This includes all the country south of Crockett county, between the San Antonio and Rio Grande rivers, to the Gulf ; about twenty counties. Corpus Christi and Brownsville are the principal cities. The following description of this division is taken from the Texas Almanac of 1868. It is from the pen of ex- Governor E. J. Davis, who was, for a number of years, judge of the Brownsville district : " A sketch of the history, climate, topography and pro- ductions of that part of the State termed South-western Texas, being the country between the Rio Grande and San Antonio rivers, and south-east of the road from San Antonio to Eagle Pass, on the Rio Grande, embracing about thirty thousand square miles, is what I propose to give you. 30 HISTORY OF TEXAS. " Its history is not interesting. After the establishment of San Antonio, (named Bexar by the Spaniards and Mexicans,) a great many years seem to have elapsed before any permanent settlements were attempted in the country between that port and the towns and garrisons of the Spaniards west of the Rio Grande. The first, I believe, in point of time, was that of Barrego, who shortly before the middle of last century planted a stock-raising hacienda at the place called ' Dolores,' on the Rio Grande, twenty-five miles below Laredo. He received at this place from the King of Spain a large grant of lands, some seventy -five leagues. This hacienda was afterward destroyed. " In the year 1757, the town of Laredo was founded. This place was a sort of " Presidio," where the citizens were armed occupants of the soil, and it proved the only permanent settlement of the Spaniards on the lower Rio Grande. After the establishment of Laredo, ranches and haciendas were gradually extended over the country between the T^ueces and Rio Grande, and during the first quarter of this century very extensive herds of cattle and horses and flocks of sheep were pastured on and between those rivers. The remains of the stone buildings and the wells and water-tanks are still to be seen. The troublous times following the attempts of the Mexican people to sep- arate from Spain invited the savage tribes of the Xorth — which had been kept in better subjection under the system adopted by old Spain than they have ever been since — to make raids upon the frontier settlements. The Texas revolution and subsequent border warfare gave the fin- ishing touch to this country, and when our troops, under General Taylor, marched from Corpus Christi to the Rio Grande, in 1846, there was not an inhabitant to be found between that river and the Nueces. It had the appear- SOUTHWESTEEN TEXAS. 31 ;tnce of a desert to the officers and soldiers of that army, unused as they were to these treeless pampas. The herds of cattle and horses, left to take care of themselves, had become wild, and greatly increased, and "mustangs," grazed over these plains in almost countless numbers. " In the year 1850, the re-population of this country fairly commenced. The ' mustangs ' were killed or caught and tamed, and this ' so-called ' desert has been steadily filling with a hardy and active race of stock- raisers. " The climate of this country is very similar to that of the same longitude as far north as Kansas and Colorado. It is decidedly an unfavorable climate for agriculture, and unless some system can be devised for irrigation, the main dependence must always be upon the flocks and herds. It is unseasonable, but this is not so much for want of rain, because, on taking the average fall of rain for a number of years through the district, it is shown that we have ample supplies for all purposes, could they come at the right time and in proper quantities. In the usual planting season of the year, from the first of Jan- uary to the end of May, we have our dry season. Often it happens that scarcely enough rain falls during those months to 'wet a pocket-handkerchief,' w^hile, on the other hand, the torrents that are let down on us durino: the other months will give us an average of twenty-five to thirty inches of water throughout the year. ' When it rains, it rains ' in this country ; sometimes with a quantity and suddenness only equalled, I suppose, in the mountains of California and JN'evada. There are no mountains, or even respectable hills, in Ts'ueces county ; yet several instances have occurred of a flood of water rolling down a narrow ravine with such rapidity as to take off^ a flock of sheep, and in one instance the shepherd with it. 32 HISTORY OF TEXAS. " If it should ever be possible to utilize this wattrf in some, as yet, undiscovered way, this country would be the finest in the world. The climate, owing to the dryness of the winter and spring, is as healthy as could be desired. Perhaj^s something may be done by making tanks on a large scale, and thus collecting the surplus rains for use in the dry seasons. One of these has been made by Hipolito Garcia, the owner of the Hacienda called ' Aren- dado,' in Zapata county. He has, by throwing a dam across a ravine, created quite an extensive lake, capable not only of supplying water for his thousands of cattle, sheep and horses, but of being used for irrigating pur- poses. " But our wet and dry seasons are not distinctly defined, nor are the rains equally distributed over the whole of this region. Sometimes general rains fall during the dry season ; and on the other hand, it happens that we do not in the wet season have the usual share. It is also noticed that more rain falls in the neighborhood of the San Antonio valley, and near the Gulf coast. The rule is, that less rain falls as you proceed north ajid west. " In other respects, our climate is such as might be ex- pected in this latitude. While it is exceedingly hot on the Rio Grande, the thermometer in summer sometimes going up to 110° or even 114** in the shade, still a constant strong breeze and invariably cool nights render the climate rather pleasant, even in the hottest part of summer. Near the coast, the heat is very much tem- pered by the Gulf, and at Corpus Christi or Brownsville^ the heat rarely goes above 90 °. " In some respects the peculiarities of the surface of this district are singular. Near the mouth of the San Antonio river, and thence down to Corpus Christi bay,, we have the usual low and fiat ' hog- wallow ' formation ^ TOPOGEAPHICAL PECULIARITIES. 33 which prevails generally along the coast of Texas, at from ten to forty miles from salt water. At Corpus Christi bay the high lands of the interior come down to the bay, and part of the town of this name is built upon a bluif near fifty feet above the water level. I believe this is the highest land anywhere on the Gulf coast within the territories of the United States. About twenty miles southwest of Corpus Christi commence the famous sands which border the Laguna Madre down to the ' Sal Colorado.' These sands are quite remarkable. Extending in a northwesterly direction from the coast, they reach within twenty miles of the Rio Grande. They lie across the country in a wedge shape, of which the base lies on the Laguna. In many places these sands form bare hills, rising fifty to a hundred feet above the surrounding grassy plains ; and being of a light yellow color, are landmarks of the country and visible at great distances. The sands have evidently been formed by the prevalent southeasterly winds, which have blown them across from Padre Island. Like similar formations in England and other parts of the world, where history aids the observer in accounting for them, it is likely that they constantly progress inland under the influence of the south-east wind, and will probably reach or cross the Rio Grande in course of time. " After we leave the sands, going towards the Rio Grande, we come into the alluvial bottoms of that river. The Sal Colorado, which appears on the maps as a river, is in reality an outlet of the Rio Grande during high water. The bottoms of this river are, on the west side, from thirty to sixty miles wide as low down as Browns- ville. They decrease gradually up to Edinburgh, ninety miles from the coast, (in a straight line,) where the first hills come to the river. 34 HISTORY OF TEXAS. " This district, after leaving the coast-country j ust de- scribed, becomes rolling and gradually hilly. On the extreme north-west, it borders on the outlying hills or mountains of the ' Staked Plain,' (Llano Estacado,) but within its limits there are no very high elevations, though the general level of the north-western part is nearly one thousand feet above the sea. There is a distin ctly marked range of hills crossing the territory from north-east to south-west, which deserves special notice, not only because it presents an interesting natural feature of the country, but because of the indications of valuable minerals found • in the range, of which more will be said hereafter. This range commences in the western side of Karnes county, at the place called ' Rocky.' It passes across the JN'ueces a short distance above Oakville, and strikes the Rio Grande a few miles below Carriza, in Zapata county. The ' Zancajo ' hill (or mountain) in Duval county is part of the range ; and in the southern part of that county, and in Zaj)ata county, it presents quite a marked feature, and is called by the Mexicans ' La Sierra.' "On the Rio Grande, from the commencement of the hills, the country is much more broken than anywhere east of it. From Rio Grande City (Ringgold) up to Eagle Pass, as your road winds along the river, high mountains, the offshoots of the Sierra Madre of Mexico, are never out of sight on the western horizon. " As was said at the beginning, this is not an agricultural region. In nothing is the increasing dryness of the cli- mate, as you j)roceed west and south, more noticeable than in the growth of vegetation. The cy[:)rus, magnolia, dog- wood, and other trees of a moist and temperate climate, common in Eastern Texas, pretty much disappear on the Colorado. The pine reaches the river near Bastrop, and the cedar is seen on the hills north of San Antonio. But ¥ i^'3 |^^k*^^^^^/\ ^"^m,3 i ■ T:- ^' "^S^ft—fc- ^^if J« ^x 1 ::1:|^HP ■' .! .; ,.-i3^^ .?rt^-r--.^,?^-. 1 - - .1 ■ ■ '■,,'■■-:--■ '. ; ■ ■ ■' -^-^ **c^- ~"£5 • T'^'^^Br^ i-^lfci ^"\ *^fe^||;|, % i i\ COLORADO KIVER. MATAGORDA. COUNTY. ABUNDANT TIMBER GROWTH. 37 none of these trees are found in the country I am describ- ing. Post-oaks and live-oaks are found between the San Antonio and JS'ueces rivers, and the latter is common in the ' Sands ' south of Corpus Christi, but they go no further southwest. I believe the only trees on the Rio Grande which are indigenous to Eastern Texas are the ash, elm, cotton-wood and hackberry. The eastern man who goes southwest will find another system of vegetation gradually supplanting that to which he has been accustomed. The mesquite-tree, which in the desert can send its roots far down in search of moisture, with its bright pea-green leaves, becomes a prominent feature of tlie landscape. The 'Spanish Bayonet,' an endless variety of the cactus, and a dozen or more species of scrubby, thorny shrubs, known under the general designation of 'chaparral' the products of a climate of great droughts, form in many parts an almost impenetrable jungle. On the Rio Grande tlie ebony tree becomes common, and is a handsome tree T^en full grown. There is also found a very ornamental an' graceful tree called the ' Tepajuaque,' which is no- wh' ' " found north of the Rio Grande valley. " ^1 the trees and vegetation, and (? v en the native ani- mals, Ijirds, and insects, seem especially adapted to a dry climate. " But if this country is too dry for planting purposes we are compeii sated in another way. Many years' experience has shown (hat Texas is the best stot-k-raising State of the Union, and l<>f the same business this country is certainly the best part of Texas. The very dryness of the climate, in preventing vhe growth of trees to shade the soil, ena- bles fine and nutritious grasses to abound. It is the paradise of horse^^j sheep, and catthe. I have spoken of the numbers of cattle and horses that formerly ran wild under the name of 'mustangs.' There is little doubt 5 38 HISTORY OF TEXAS. that the present numbers of tame animals are even greater ; but still there is room for more, and probably South- western Texas will alone one day export a half-million of beeves. Of the health and fecundity of the sheep, an instance within the knowledge of the writer will give a fair idea. A friend living in Webb county commenced raising sheep with two hundred and fifty ewes in the win- ter of 1854-55. In the year 1860 he sold out three thousand head, the result of this flock. He folio wed. the Mexican plan of breeding twice a year. " In so extensive a region it is reasonable to presume that valuable mines must exist. However, very little scientific investigation has yet been made, and therefore little is known of this — perhaps less even than of other regions not so near the centres of civilization. " On the Rio G-mnde it is well known that several beds of coal, of an inferior quality, exist, and have been worked. It is reported that extensive beds of coal (equal to cannei) have recently been discovered on the Nueces river. Tiie locality of these beds has not been divulged, but the report has it that they are situated at from one hundred to one hundred and forty miles from Corpus Christi. " In the range of hills called ' La Sierra,' of which I have made mention, indications of silver and lead have been found in several places. The writer ha? in his pos- session a very rich specimen of lead ore whicli was found. in this range, about eighty miles from Corr)us Christi. If it should develop that there are indications of silver or lead in sufficient quantities to pay for the v^orking, their proximity to a sea-povt will be an important consideration. I believe that neither silver nor lead h? § anywhere else within the United States been found so near the coast. " I suppose most people in Texas are ^tware of the great natural salt-works alon^g the margin of Corpus Christi bay MINERAL PRODUCTIONS. 39 and Laguna Madre. During the late war, Texas was altogether supplied from here. The Laguna Madre (so called by the Mexicans because of the many smaller lagu- nas that open up into the interior from it,) as it will be seen from the map, is a bay between Padre Island (so named from * El Padre Balli,' who owned a rancho on it in ante- Texas times) and the main-land. This laguna is about one hundred and twenty miles long and from three to six miles broad, and very shallow, not averaging more than eighteen inches deep. In the spring and summer months the prevalent winds drive the water of the Gulf in a steady current up the laguna from south to north. Passing over this long and shallow flat, under a burning sun, the water evaporates rapidly, and when it reaches the northern part of the laguna, it is intensely salt. From the mother laguna the winds drive this salt water slowly up the innumerable smaller lagunas that make up from it into the main-land. These are generally from three to six inches deep, and in many instances very broad. Here the evaporation continues, and during the dry weather of spring and summer the salt crystalizes and settles on the bottom in great abundance. Nature seems to have pro- vided here, on her usual gigantic scale, works for the making of salt by solar evaporation. The process, as will be perceived, is a good deal the same that men have adopted on the coast of France, Key West, Turk's Island etc., to procure salt from the same source. The quantity that can be raked up in this locality during the summer varies according to the depth of fall rain. Some seasons it will form about as fast as it can be raked, and the quantity is only to be limited by the capacity for gathering it. To speak within carefully considered bounds, I believe that in an average dry season ten milliotis of bushels can be collected within fifty miles of navigation on Corpus 40 HISTORY OF TEXAS. Christi bay, and that it can, at present prices of labor, be placed on navigation at ten cents per bushel. *' Besides these lagunas, there are some salt lakes and ponds between the JNTueces and Rio Grande, which are not connected with the Gulf. The most noted of these is the celebrated " Sal del Rey," (Salt of the King, so called because of the laws of Sj^ain giving salines to the king,) in Hidalgo county, about thirty-five miles from the Rio Grande, and sixty miles from Brownsville. The salt in this, and probably the other lakes of the sort, seems to come from the earth in springs. The " Sal del Rey " has been a favorite resort of the Mexicans for salt. It has for several generations supplied the greater part ofJN^orth- ern Mexico with that article, and is apparently inexhausti- ble. The lake is about three miles in circumference." VII. The Mineeal Region. — The large scope of country composed of the counties of Crockett, Tom Green, Pecos, Presidio, and El Paso, has been denominated the mineral region of Texas ; though as yet its mineral wealth lies undeveloped in the mines. We give a description of this with the following. VIII. The Pan Handle, or Staked Plains, lies north of Tom Green county and between JN^ew Mexico and the Indian Territory. The Legislature of 1875 laid out and gave names to fifty-four counties in this region. In the early maps of North America, a vast region in the heart of the continent w^as designated as the " Great American Desert." That great desert has steadily retreated before the advancing tide of population. The southern rim of it reached Texas. It is conjectured that in 1734, when the fathers from Santa Fe visited San Saba to establish a fort and mission, they set up stakes, with buffalo heads on them, so that others might follow their route. This gave the name of Llano Estacado to the THE PAN-HANDLE. 41 plateau crossed. In the map prepared for Yoakum's his- tory of Texas, and published by Redfield in 1856, there is this note : " From the head waters of the Red Brazos and Colorado rivers to the Rio Pecos is a desolate and sterile plain from 100 to 200 miles in width, elevated about 4,500 feet above the Gulf of Mexico, without water or timber and with a scanty vegetation." JN'otwithstanding this is described as such an arid region, all the great rivers, from the Canadian on the north to the Pecos and Rio Grande on the south, have their sources in springs found in canons penetrating this plateau ; or from underground streams, from the same source, issuing out at the surface, as at San Marcos, San Antonio and other points. Since the close of the Civil War this region of country has been penetrated by buffalo hunters, and by parties of soldiers in pursuit of Indians. The best and most reliable description yet given to the public is found in the report of Lieutenant-Colonel W. B. Shafter, who, in 1875 made a pretty thorough reconnoissance of the hitherto terra incognita. Colonel Shafter started from Fort Concho, in Tom Green county, two hundred and fifteen miles north- west of San Antonio. We copy from his report : " Commencing at Fort Concho, the valley of JN'orth Con- cho for sixty miles is well adapted to grazing, having suffi- cient wood for all necessary purposes and good running water the entire distance. " Rendlebrock's spring, twenty-five miles north of the North Concho and sixty-five miles from the post, is a large spring of running water, and in the country about it there are large mesquite flats, well timbered, with plenty of grass, and good shelter for stock in the winter. " The wagon road to Fresh Fork of Brazos, via Rendle- brock's spring, leaves the North Concho forty-two miles above the post of Concho, crossing to the valleys running into the Colorado. 42 HISTORY or TEXAS. " From Rendlebrock's spring, to where the wagon road strikes the Fresh Fork of the Brazos, the country passed through is slightly rolling, covered with excellent grass^ considerable mesquite timber of small growth, (from six to twelve feet high), and having several streams and springs of good water, with one or two (the Brazos and Double Mountain Fork) salty at the point where crossed by the road, though both are fresh near their heads. The canon of the Fresh Fork of the Brazos is nearly fifty miles in length and from one-half to two and a half miles wide, through which flows a stream of excellent water the whole distance. After reaching the plains, the water is good for about twenty-five miles and then becomes salty at its junction with the Brazos. The grass in all the region of the country is excellent, and sufficient wood for fuel is easily obtained. I believe that corn could be grown the whole length of the canon without irrigation, except in unusually dry seasons. " From about half way up the canon the road crosses to the head of Double Mountain Fork of the Brazos, which flows through a canon similar to that of the Fresh Fork, parallel with it and about thirty miles distant, and extends about the same distance into the plains. " The country between these streams is high table land, with scarcely any timber and but few mesquite roots. Large circular depressions, filled with water for part of the year, occur frequently, and the whole country is cov- ered with luxuriant grass, affording pasturage for immense herds of buflPalo, and would be sufficient to maintain thousands of cattle and horses that could water, when the rain-water holes dried up, in the Fresh and Double Mountain Forks of the Brazos. "From the head of Double Mountain Fork to Casa Amarilla the distance is forty -two miles, almost due west, ^- SCENE ON CANADIAN RIVER, HUTCHINSON COUNTY. WHITE SAND HILLS. 45 the country being similar in all respects to that just de- scribed. Casa Amarilla is a large alkali and salt lake, of from one-half to three-quarters of a mile in width and about three in length, situated in a depression of the plains and draining the country for several miles in all directions. There are two dug springs at the base of the bluff on the southern side, and about a half mile further south, at the head of a ravine, a large tank of fresh water that I believe is fed from springs, as I could not perceive any dimunition in it after using it for two days with my whole command. Six miles directly north of this lake are some large pools of living water, with plenty of wood. This would be an excellent place for sheep or horses. " Six miles west of Casa Amarilla is a large alkali lake, circular in form, about three-fourths of a mile in diameter, having some fine large springs in the bank, good grass, but no timber or roots. This lake is called by the Mexi- cans ' Quemas,' and is supposed to be very near the line of Texas and New Mexico. " The trail from Quemas to the Pecos (twenty miles above mouth of Azul, in !N'ew Mexico) passes for about twenty miles over high table land, with occasional rain- water holes, then about twenty of deep sand, then forty- seven of high hard prairie, without water but covered with luxuriant grass, then twenty of very heavy sand, and about twenty of hard, high rolling country bordering the Pecos. " From this point, on the Pecos to Horsehead crossing, the distance is 157 miles, the wagon road keeping near the river. The country bordering on the Pecos for sev- eral miles has only tolerable grass, and the bluffs are covered with sharp flint rocks, with considerable small growth of brush and Spanish daggers. " From Pecos Falls to lower end of White Sand Hills 46 HISTOKY OF TEXAS. the distance is about twenty miles, a little east of north, one-half the distance hard prairie and the balance heavy sand. " The White Sand Hills consist of a range of low hills of very white sand, without vegetation, and almost imj)ass- able, excejit for horses ; at least double teams would be required to draw lightly loaded wagons through them. They present, from the distance of a few miles, the ap- pearance of hills covered with snow. They extend north- west and southeast for about twenty-five miles and are almost five miles in width, the south end distant from the Pecos about twenty miles, the north end about forty at the nearest point. Water in almost unlimited quantity can be had by digging in the small depressions at the bases of the hills at a depth of two to four feet. " I have twice visited these sand hills this summer, and once in 1871, and every time found considerable water on the surface. There are also quite large willows and Cottonwood trees growing in them, a sure indication of living water. The country east of the sand hills to Mustang and Sulphur Springs, distant sixty miles, is high rolling prairie, covered with fine grass, has no known living water, but abundance during the rainy season, in small lakes. " From the head of the ^N'orth Concho two large wagon roads into the plains have been made by my command, one going up the right-hand valley to Big Spring, thence via Sulphur Springs, Tobacco creek, and head of Colorado (Moo-cho-ko-way) to Cuates and head of Double Moun- tain Fork of Brazos ; the other takes the left hand valley and goes via Mustang Springs to Five Wells, Laguna Sabinas and Laguna Cuates. " From Five Wells there are two wagon roads to Mon- ument Spring, in New JNIexico, and one from there to Dug SULPHUR SPRINGS 47 Spring, twenty miles due south and thirty-two miles from the Pecos. " From head of ]N"orth Concho to Big Spring the distance is thirty miles, country hard rolling prairie, road hard. Big Spring is a very large spring of excellent water, sit- uated in a rocky gorge between two very high hills. Considerable mesquite timber in the vicinity, and plenty of excellent stone for building. " Sulphur Springs lies thirty miles nearly west from Big Spring, country rolling, except five or six miles of quite heavy sand, water excellent, and, as at Big Spring, in inexhaustible quantities by any amount of stock that can be fed within reach of them. At this point the road turns almost due north, and passes through a magnificent grazing country for twenty miles to Tobacco creek ; this is a small stream of but few miles in length, rising in the edge of the plains, near where the road strikes it, and running nearly east. Two miles farther north is another large branch, and from there on for twenty miles there are several small running streams and springs, one of them being the head of the Colorado — these streams forming what is known as the Moo-cho-ko-way country. The water is excellent and inexhaustible ; considerable mesquite timber — sufficient for all necessary purposes of settlers, and stone convenient for building. All of the valleys through which streams flow can be irrigated to some extent. I do not think there is any doubt but corn could be raised without irrigation nearly every year. As a grazing country it is unsurpassed by any portion of Western Texas from the Gulf to New Mexico and Indian Territory. " From the head of Colorado to Laguna Cuates is thirty miles, over a high slightly rolling hard prairie covered with good grass, but very little wood above ground and 48 HISTORY OF TEXAS. mesquite roots scarce. During the rainy season there are many large lakes of water _ " Laf^una Cuates are two large very salt lakes situated in a depression of the plains; they are, together, about three miles long and one and one-half wide. Near the edcres of them are several springs of good water. At this pkce I dug two large holes in the bank, about twelve or fifteen feet square, which soon filled to a depth of two or three feet. By digging I do not think there is any rea- sonable limit to the water that could be obtained. - Laguna Blanco is a similar lake, eight miles east of Cuates, having also fresh water springs. " Six mUes south of Cuates are two lakes, separated but a few hundred yards, the one very salty and the other fresh, both evidently never going dry. " About all these lakes there are great quantities of mesquite roots, sufficient to furnish fuel for any population the country could support. " From Cuates to head of Double Mountain Fork the distance is thirty-two miles, nearly due north, countrj^ high hard rolling prairie. "Taking the left hand valley, two miles above head water on the North Concho, a large w^gon road leads due west, over rolling hard prairie, to Mustang Springs, dis- tant fortv-two miles. Six and a half miles further west, and on the wagon road, are several other springs. The water at both these places is in great abundance, hundreds of buffalo watering at them daily, not exhausting them Plenty of mesquite roots for fuel, and good grass and shelter in ravines. ^ " From Upper Mustang Springs to Five \\ ells the distance is thirtv-four miles, northwest, over a high level prairie, with numerous large sink holes, or ponds, filled for several months in the year with water. LAKES, SPKINGS AND WELLS. 49 " The Five Wells are situated in a ravine about one- eighth to one-half of a mile in width ; the length is not known. It was examined for several miles each way without finding any other water, except a few small salt lakes. These wells are within a few yards of each other, are about six or eight feet deep and from four to ten feet in diameter, with three to four feet of water. Watering about five hundred animals for three days did not, appar- ently, at all diminish the water ; grass excellent and plenty of shelter for stock in ravines ; mesquite roots for fuel not very large or abundant. " Laguna Sabinas, thirty-two miles due north from Five wells, is an alkili or salt lake, nearly six miles long and four wide, with plenty of good water in numerous wells or rather dug springs in a ravine at the north end, and several large wells at the south end, of slightly brackish water but fit for use of men and animals. Water can be found by digging anywhere near the edge of the lake ; grass in vicinity excellent, and plenty of wood (roots). " From the north end of the lake are two large wagon roads, one going nearly due east to head of Tobacco creek, distant thirty-five miles. About five miles of the road heavy sand, the balance high hard prairie. The left hand road runs nearly northeast thirty-two miles to Laguna Cuates, high prairie and sand about equally distributed at intervals of three or four miles. About the bluffs of Laguna Sabinas are found a few small cedars ; stone for building in the bluffs. " From the Five Wells there are two wagon roads, one running a little south of west, the other a little north, to Monument Spring, in New Mexico, distant by the left hand road sixty-three miles and by the right sixty-six ; the latter being the preferable route on account of less sand and much better water. By the left hand road it is 50 HISTORY OF TEXAS. all heavy sand, except three short stretches, of a couple of miles each, to an alkali lake, distant from Five Wells thirty-six miles. This lake is situated in a depression of the prairie with hard ground all around it, extending sev- eral miles on the south and west ; water permanent and, thouo;h quite strongly alkali, can be used from holes dug in th'e bank ; better water is obtained, though none of it is good. Grass excellent and very luxuriant ; wood (roots) in'abundance. The lake is circular in form and one-eighth of a mile in diameter. From this lake to Monument Spring, distant twenty-seven miles, the country is rolling, about'iialf hard prairie, the balance light sand. " By the right hand road, going west from Five Wells, the distance to the first of Ward's wells is twenty-four miles, about sixteen of it heavy sand, the rest hard. These wells are situated in a ravine (from one-fourth to three-fourths of a mile in width) or narrow valley, ex- tending northwest and southeast, through the centre of the plains, for at least fifty miles, bordered on each side by from one to three miles of hard prairie, making a strip of prairie from two to six miles in width. There are about fifty of these wells, in the first valley, in a space of one and one-half miles. Wells are from four feet deep at the western end to fifteen at the eastern, and having from two to four feet of water, of excellent quality and affbrding water for several thousand horses or cattle. Grass ex- cellent, and wood (roots) in abundance. " Three and one-half miles on the road, west of the first wells, in a similar ravine which joins the long one, are found about twenty more wells, and two miles south, in a third ravine, are several more ; these last are off the road about a mile. This appears to have been a favorite resort of Indians, as shown by deeply worn trails, old lodges and heads of cattle. No sign of buffalo so far west as this, the line of sand from a few miles south of Quemas to ABUNDANT WATER SUPPLY. 51 Laguna R-ico and Sabinas and thence through Five Wells and Mustang Springs to head of Main Concho being their western limit. "From the second spring, to Monument Spring, distant thirty-seven miles, a little south of west, the road runs most of the way over rolling prairie, with about fifteen miles of not very heavy sand. " Monument Spring is so named from a monument I had built on a hill southwest and one and one-fourth miles distant from the spring. This monument is of nearly white stone, about eight feet in diameter at the base, four at the top, and seven and one-half feet high. It can be seen for several miles in all directions. " Monument Spring is a very large spring of excellent water, furnishing enough for several thousand head of horses. The country to the north is, for fifty miles, hard high prairie, to the south and west sandy ; grass, in all directions, of luxuriant growth, of the finest quality found on the plains ; wood abundant (roots) for fuel, and good building stone in the hills near by (limestone). " Twenty miles due south are Dug springs, three in number, situated in a small valley of salty grass. The wells are a few yards apart, about six feet deep and four in diameter, having a depth of three or four feet of water and furnishing enough for about one thousand horses per day. My command, of about three hundred animals, watering all at one time soon exhausted the springs, but in an hour or two they were full again. Plenty of wood in this vicinity, and tolerable good grass close by ; within easy grazing distance it was excellent. " From Dug springs to the Pecos the distance is about thirty-two miles, one-half of the way heavy sand and the rest hard rolling hills. There is no wagon road to the Pecos, but a very plain and deeply worn Indian trail, running almost due west until near the Pecos, when it 52 HISTORY OF TEXAS. turns southwest, striking that stream just above the mouth of the Azul or Blue river, at a shallow, rock-bottom CKOssing, where the water in ordinary stages is not over fifteen inches deep. " From Mustang Springs to Centralia the distance is fifty-four miles, without water on the trail of Lieutenant Geddes, except one salt lake thirty-five miles north and twenty -five west of Central station. At this lake water might be found by digging. Southeast of Central station, and eighteen miles from it, a fine spring of water, hitherto unknown, was found by Lieutenant Geddes, which will, undoubtedly, cause a change in the road across the plains to the Pecos. From this spring to Howard's wells and the Pecos the country has never been scouted ; on the trail followed by Lieutenant Geddes no other permanent water was found until he reached Howard's wells, on the San Antonio road. From this point west to the Rio Grande the country is least known of any in this Department and is the most difiicult to scout in, as it has, so far, been found impossible to take wagons along ; and from the country being cut up by very deep and rocky ravines and all the hills covered with a kind of miniature Spanish dagger, making it very difficult and painful traveling for horses. There is, undoubtedly, plenty of water, and this country has always been a favorite resort for the Apaches and Lipans. Lieutenant Geddes discovered several good springs of water on his trail and reports that his command did not sufifer at all from want of water. My experience, father west and near the Rio Grande, was the same in the fall of 1871, when I was, at no time, more than a half day without water, either in springs or rock tanks. " The various scouts have shown how easily the plains can be traversed, in almost any direction, and to all the large watering places there are plain wagon roads that will show for years." SCENE ON BRAZOS RIVER. NEAR MARLIN. CHAPTER III. TEXAS RITERS: THBIIR NAMES— WHAT STREAMS ARE NAVIGABI^B— DEPTH OF bars; inland navigation— water stjppLY — artesian wbixs— water POWER. ^EGI]S']S"i:N'Gr at the northern, or northeastern bound- J-^ ary of the State, Red river. Big Cypress and Lake Soda are navigable during the rainy seasons, and a regular trade is carried on upon these withKew Orleans. On the old Spanish maps the Red river is called Naugdo- ches, from an Indian tribe on its banks. The Sabine is the eastern boundary of Texas from the Gulf of Mexico to the 32d parallel of latitude. >It has at its mouth a depth of from five to seven feet of water ; but such is the nature of the bottom that it could very easily be deepened to a much greater depth, and this is now being done by the General Government. It is navi- gable during portions of the year for a distanee of thre^ hundred miles from its mouth. It was called by the Spaniards, Adaes, after an Indian tribe. In 1718, De Alarconne, in his controversy with La Harpe, calls it Rio de San Francisco de Sabinas. (Sabine means juniper tree.) The Angelina and Neches rivers enter Sabine lake. Boats ascend the former some 400 miles durino- the wet season ; and the latter about 250 to Thouvennin landing. Trinity. The Indian name of this river was Arkokisa ; a corruption from Orquisaco, an Indian tribe, Lasalle 56 HISTORY OF TEXAS. called it the river of canoes, because he had to procure canoes from the Indians to cross the swollen stream. It empties into Galveston bay, and has a depth of three feet at its mouth. Steamboats have ascended it 900 miles to Dallas. San Jacinto (Hyacinth) river forms a junction with Buffalo Bayou at Lynchburg, and empties into Galveston bay. Buffalo Bayou is navigable to Houston, ninety miles from Galveston. In 1876, Red Fish and other bars were deepened, and boats drawing from six to eight feet,, now ascend the bayou to Clinton, six miles below Houston. The outer bar at Galveston has a depth of water vary- ing from ten to thirteen feet, which is being increased by a system of jetties made by gabions. The Brazos has from five to eight feet at its mouth. Boats have ascended 600 miles to the falls, near Marlin. In 1854 a canal was cut from near the mouth of the river into Galveston bay. If tradition is to be credited, the Spaniards gave the name of Colorado to this river ; but the names were interchanged. The Indians called it Tockonhono. In crossing this stream La Salle lost one' of his men, su23posed to have been seized by an alligator,, and he gave it the name of Mali on. The San Bernard has a shallow entrance, but it is nav- igable for twenty or thirty miles. Old Caney Creek has been navigated some seventy miles. In 1864 a channel was opened from near its mouth into Matagorda bay. A bar at the mouth of the Colorado, and a raft in the channel, interfere with its navigation. In 1847, a steam- boat built above the raft ascended the river 600 miles, to the falls above Austin. The Indian name was Pashohono. Tradition says a party of Spanish adventurers after nearly perishing for water, came suddenly upon this stream and NAVIGABLE RIVERS. 57 called it Brazos de Dios (Arm of Grod). La Salle called it the Kiver of Canes, from the quantity of cane upon its bank. It flows into Matagorda bay. The Iv^avidad was called by LaSalle Prince's River, and its confluent, River of Beeves (Lavaca, or Cow), is navi- gable thirty miles to Texana. It empties through Lavaca bay into Matagorda bay. Pass Cavallo is the outlet of Matagorda bay, and has a depth on the bar of from eight to eleven feet. Bellin's map, in 1750, gives eighteen feet on the bar, up to Dog Island. The Guadalupe river is shallow at its mouth, where it enters Espiritu Santo bay. It has been navigated seventy miles to Victoria. In old maps this bears the name of its principal afiiuent, the San Marcos. Its principal western branch is the San Antonio, which is sometimes called the Medina, one of its tributaries. The I^ueces (Nuts) river is navigable for small vessels up to the neighborhood of San Patricio. Aransas Pass has a depth of from six to ten feet. In 1874 the Corpus Christi ship channel was opened, permitting steam-ships to reach the wharf at Corpus Christi. The Rio Grande, which forms the boundary between Texas and Mexico, is navigable 500 miles to Comargo. This stream has three names. At Santa Fe it is called the Del JN'orte ; and at Reinosa the Rio Bravo. There is a depth of from four to five feet at its mouth ; but the principal shipping point is through the pass at Brazos St. Jago, which has a depth of from six to nine feet. The following estimate, made by a competent engineer, shows with what ease and at how small a cost inland communication might be opened along the entire coast of Texas : From Rio Grande river into waters connected with Point Isabel, one mile solid digging ; from thence through 6 68 HISTORY OF TEXAS. the Laguna del Madre into Corpus Christi Bay, 100 miles with three feet depth of water ; from thence into Aransas Bay, sixteen miles, with an average depth of three feet water ; from thence to Matagorda Bay, forty-eight miles, good for six feet water ; thence through Matagorda Bay to Caney Creek, forty-five miles, eight feet depth of water ; fi'om Caney Creek, seven miles solid digging, into San Bernard lake and river; from San Bernard river to Brazos river, ten miles solid digging ; thence through canal and West Bay into Galveston Bay, thirty miles, with four feet depth of water ; thence through Oalveston Bay and through East Bay to East Bay ba^^ou, with from six to nine feet water for twenty miles, and the last five miles three feet, water and soft mud, making in all twenty -five miles ; from thence through East Bay and Elm Bayous, ten miles ; thence seventeen miles solid digging to Taylor's Bayou down which to Sabine Lake, eight miles. Water Supply. — A good portion of Texas has an abundance of springs and living streams of water ; and in most places in the State good water can be obtained at a depth varying from fifteen to one hundred feet. But in others where water can not be had by digging, or when it is unsuitable for use, owing to mineral substances with which it is impregnated, a water supply is secured by tanks. A dam is thrown across a raA^ine having a mod- erate fall, and the earth is scraped out down to the hard clay. Large reservoirs are thus constructed, and filled by the rains, which being protected from stock, furnish an abundant supply of good fresh water. Artesian Wells. — The scarcity of water in W^estern- Texas induced the United States Congress, in 1856, to make an appropriation of $100,000 for boring artesian wells in the arid region between the JN^ueces and Bio ARTESIAT>^ WELIiS. 59 Grande rivers. Lieutenant John Pope was detailed to execute the work of boring. At one of the wells, good water was found at the depth of a little over two hundred feet ; but it did not rise to the surface. On the Pecos river a well was bored eleven hundred feet, but without success. At Corj^us Christi water flowed to the surface, but it was unsuitable for use. In 1858 a well was com- menced on the Capitol Hill, at Austin. At the depth of twelve hundred feet a weak stream rose to the surface and flowed off*. Like the stream at Corpus Christi, this was so impregnated with mineral substances as to be useless. In 1873 some obstructions occurred and the water ceased to flow. Ts'ear Terrell, in Kaufman county, a number of wells have been dug of only ordinary depth, and the water rises to the surface. A few miles from Fort Worth a well was bored to the depth of four hundred and fifty feet ; at which a great abundance of water was found, which rose to within about twelve or fifteen feet of the surface. There is an artesian well near G-raham, Young county, only one hundred and ninety-seven feet deep. A bold stream flows out from the top. Rains. — As a general rule the more western counties of the State are most liable to suffer from drouth. But exj^eri- ence has shown that this objection is becoming less from year to year, as the country becomes more settled and more under cultivation. The prairie fires that formerly so often swept over the western plains, destroying every shrub and preventing the growth of timber, have become far less frequent and confined to comparatively narrow limits. Hence there are now thousands of acres in nearly all the western counties growing up in mesquite and vari- ous kinds of timber, where a few years ago there was not a shrub to be seen. This growth of timber is believed to be one principal cause for the more regular falls of rain, 60 HISTOKY OF TEXAS. for in all parts of the world the growth of timber has long been recognized to have this effect, and in many countries the growth of forest trees has been encouraged by govern- ment as a means to secure the more regular fall of rain. To this cause is generally attributed the fact that the counties on the San Antonio river, and others in the west, are now far more exempt from drouths than formerly; and it is now believed by many that the crops there are no more liable to suifer fi'om too little rain than thev are from too much in most of the States. In all other parts of Texas the seasons of rain are much the same as in other States, and crops are liable to as few casualties as in any other part of the world. In one respect Texas has an advantage over any country we have seen, for a& a general rule deep plowing and early planting will secure fair crops in nearly all parts of the State with very little rain, and sometimes with none at all. This advantage is owing to the fact that our planting season commences a month or two earlier than in other States on account of our mild winter, and also to the fact that our soil has nearly ever^'where a substratum of clay and is very retentive of moisture with deep plowing. Water Power. — Comparatively little use has, as yet^ been made of the immense water power of Texas. It is true that but few sites suitable for mills and machinery are found on the sluggish streams in the low, flat country. There are some good locations on the head waters of the tributaries of the Trinity and San Jacinto rivers. Mill- sites mav be found in almost all the rollino' counties of Texas, where almost all of the small streams have them. Many are found in Bell county, on the tributaries of Lit^ tie river, and at such springs as Salado. An article in an old almanac describes the water power of West Texas : " Beginning with the Colorado, we find it having a fall of WATER POWER. 61 six hundred and fifty feet from Austin to the coast. Be- tween those points there are many places where its power may be made available by the judicious employment of capital. This is particularly the case at Columbus, where the river, at its aj)];)i'oach to town, makes a bend, and after running round several miles, returns to the lower part of the town, leaving a comparatively narrow neck between the two points. A suifable dam to turn the water into a €anal, would give a large fall at its entrance into the river. At some future time Columbus will be largely engaged in profitable manufacturing. I am not familiar with the toj^ography of the river from that point to Austin, but the probability is that there are many other available localities for machinery. From Austin to the head of the river, and its tributaries which flow through the moun- tains, many admirable sites for machinery are found. " Passing west from the Colorado we come to the San Marcos. It is formed by an immense spring at the town of San Marcos, where the water gushes out of the moun- tain from several springs, forming a volume constituting a considerable river. JS'ear the spring there is a fine site for machinery. The falls continue for fifteen or twenty miles, afibrding many fine mill sites. " From Gonzales, where the San Marcos enters into the (xuadalupe, up to Seguin, there are several points on the river capable of being made available for machinery ; but from Seguin up to the head of the river, and especially from Seguin to 'New Braunfels, we have a magnificent water power. At Seguin commences a series of falls of from two to nine or ten feet perpendicular height. Between the two points, a distance of fifteen miles, there is a descent of eighty feet. Nearly all of these falls, which occur at intervals of from one to three miles, may be utilized. At Braunfels, where the Comal Spring issues from the mountain in a 62 HISTORY OF TEXAS. volume sufficient to form a considercible river, there is a water power easily commanded sufficient to make it a second Lowell. From that point to the head of the river there is a large amount of fine and available water power. " Still further west we come to the San Antonio river, another permanent current stream abounding in valuable mill and factory sites. Beginning at the town of Goliad, there is a fall or rapid, where Ihe river passes over a rocky formation, presenting a fine site for machinery. Goliad is forty or fifty miles from the coast. From that point to Colctfiel Skyles' place, below the Conchester cross- ing of the river, in the upper part of Karnes county there are available points where the water power may be used to advantage. From the lower part of Colonel Skyles' place to the Conchester crossing, a distance of three miles, there is a fall of about thirty feet. There are^ besides some rapids, three several falls ; one perpendicu- lar of six or eight feet ; the other two are sloj)es, and would require a low dam to control the waters, and are^ one eight and the other eleven feet high. They are formed by beds of sandstone of excellent quality. The stone is in layers of convenient thickness for quarrying, and in inexhaustible quantity. T^ature seems to have designed the locality for an immense manufacturing city. From that point to San Antonio there are various sites for ma- chinery. Still further west, the head waters of the JN'euces, Frio and other streams rising in the mountains affiird ample power for large factories. These streams extend to the Rio Grande. FERRY, COMAL RIVER. CHAPTER IV. MOUNTAINS— AI.TITUDES— MINERALS— COPPER, LEAD, IRON, SILVER, COAL, ETC. —GUANO IN BAT CAVES. MOUIS'TAINS. — In the old maps a good many moun- tains were laid down ; as the Tehuacana, in Lime- stone county ; Colorado Mountains, above Austin; Gruada- lupe Mountains, in Kerr county ; Pack Saddle and other peaks, in Llano county ; and other elevations, dignified with the name of mountains. Later maps still mark some peaks as mountains; as Double Mountain, at the northwest corner of Jones county ; the White Sand Hills, in Tom Green county ; Chenati and some other peaks, in Presidio county ; and Eagle Mountains, in El Paso county. The mountains of Texas, in a mountainous country, would be called hills, though some of them rise to a respectable height. Thousands of invalids annually visit Texas for their health. To such, the question of altitude is one of con- siderable importance ; and we give the altitudes of leading points in different parts of the State. But we will state, that even the flat, coast region is so swept by delightful sea-breezes that it is pleasant and healthy. But as we penetrate the interior, and gain a greater altitude, the atmosphere becomes more pure and stimulating. The highest spurs of what is called the Guadalupe range are about 5,000 feet above the sea level. Red river, at the mouth of the Big Wichita, has an (56 HISTORY OF TEXAS. elevation of about 900 feet ; San Antonio, 600 feet ; Aus- tin, 600 ; Castroville, 767 ; Fort Duncan, 800 ; Fort Lincoln, 900; Fort Inge, 845 ; Fort Clark, 1,000; Round Rock, 1,145 ; Fort Chadburn, 2,120; Phantom Hill, 2,300 ; Fredricksburg 1,500 ; Valley of the Pecos 2,350 ; Jacks- boro, 2,000; El Paso, 3,750; highest point on the San Antonio and El Paso road, 5,765 ; Llano Estacada, about 2,400 ; Fort Worth 629 ; Dallas 481 feet. MiNEEALS.— So far, the geological surveys of Texas have been very meager and superficial. The office of State Geologist was created in 1858. In 1859, B. F. Shumard commenced operations, as State Geologist ; but was superseded in that ofBce the next year by Dr. Francis Moore, Jr., who had hardly commenced field-work when the war broke up his operations. John W. Glenn held the oface for a short time in 1873 ; and S. B.Buckley, in ' 1874. The following summary is from the pen of Prof. A. R. Rossler, who was assistant geologist under Dr. Shumard : " Copper — Copper, covering as it does a large area of country, is almost inexhaustible, and will afford a vast, fund of wealth for generations to come. A large portion of the counties of Archer, Wichita, Clay, Haskell, Terri- tory of Bexar, counties of Pecos and Presidio — extending to the Rio Grande— is filled with immense hills of copper ore, some of which has been thoroughly tested and will yield on the average 55.44 per cent, of metal ; though some particular localities have produced specimens even as rich as 68 per cent., containing, besides, some silver, oxide of iron, etc. '' The first intelligence I received of the existence of this unexampled deposit of copper ore, was through M. D. Bullion, of Hunt county, Texas, who sent me a small piece of this ore in an envelope, for examination, with the VALUABLE COPPER DEPOSITS. 67 remark, ' If this stuif is of any account, I can load up five hundred wagons, without digging, from a 320-acre tract/ Upon examination, I found it to be a highly interesting specimen of copper glance, (nearly a pure sulphuret), containing 55.44 per cent, of metal. Its geological con- nections are of the highest interest and proved that this metalliferous tract is a portion of the Permian formation, which stretches from Kansas down into Texas, and is the only example of this formation in the United States " In 1870, after traversing the cretaceous and carbon- iferous series northward of Weatherford, Parker county, I was very agreeably surprised by a grand panorama of outcroj^ping of this formation. This system (Permian), is extensively developed in Russia, between the Ural Mountains and the river Volga, in the north of England, and also in Germany, where it is mined for its treasures of copper, silver, nickel and cobalt ores. In Texas the ore is found on the hillsides and also on the surface, dvina: no trouble for mining or drainage. Four persons in ten hours took out six thousand pounds, averaging sixty per cent. Coal, timber, limestone, soapstone, and all the requisites for building furnaces and smelting ores are in the vicinity, and the projected line of the Southern Pacific railroad passes over the locality. At present, mining operations cannot be safely prosecuted, owing to the prox- imity of bands of prowling Indians. " The hills which I have traced throughout Archer, Wichita, Haskell and Clay counties, are nearly barren — towering above the most beautiful and fertile Mesquite prairies, fringed by the finely timbered bottoms of the tributaries of Red River, and are exceedingly picturesque. " Explorations of the copper veins, over the summits and sides of the hills, justify the conclusion that within the extent of one degree of longitude along the Little 0g HISTORY OF TEXAS. Wichita River, hardly a tract of 160 acres could be found without large accumulations of ore upon the surface. The vein lodes are parallel with the strata, but there is sufficient evidence that they partake of the nature of true veins. " Manganese, Cobalt, Nickel and Bismuth.— Leads of manganese, cobalt, nickle and bismuth are often met with The copper ore contains only 25 per cent of im- purities, is far superior to the ferro sulphuret of copper or copper pyrites generally worked for in England and in native copper ore as found at Lake Superior. It is easily smelted, and the strata in which it is found is more easily excavated than any other in which copper ores occur. " Lead and Silver.— These two metals are always as- sociated together in this State. The calciferous sandrock —which is the lead-bearing rock of Missouri— abounds in Texas, and the varieties found in it here are carbonate of lead, sulphuret of lead and molybdate of lead. The former two always contain such large quantities of silver as to be considered silver ore. A sample from a three feet vein in Llano county, gave a yield of 286 ounces of silver and 74.45 per cent. lead. It is -the carbonate ot lead in combination with the sulphuret, and owing to the large percentage of the former will be very easily reduced. The indications are very favorable for a very large quan- tity and excellent quality of ore. At present, lands in this section of the State are of very little value notwith- standing the abundance of minerals and timber. With a well developed mining industry established here, no other country could compete with this region, so far as regards fuel, construction timber and materials for building and sustaining a railroad. There are about 10,000 acres of vacant land, and the lands already located can be had tor a trifle— the rocks of which are silver and gold bearing. • IMMENSE lEON DEPOSITS. 69 " The examination of shafts to a depth of fifty feet, chisel and drill marks, and other mimistakable evidences, leave no doubt that the Spaniards formerly worked these mines, and remains of the ore worked, show it to have been very rich. "Ieon. — The iron deposits of ]N"orthwestern Texas are of the most remarkable character, equalling in extent and richness those of Sweden, Missouri, New Jersey and New York. They include almost every variety — magnetic, spathic, specular and hematite ores. The largest deposits of magnetic iron ores occur in Mason, Llano and more Western counties. Immense loose masses of ore lie scattered over the surface, which have been U2:)heaved by igneous agencies from unknown depths below. Most of these are in true veins. As no true metallic vein has ever been traced downward to its termination, the supply is inexhaustible. The analysis of an average specimen gave 96.890 per cent, of per-oxide of iron, with 2.818 per cent, of isoluble silicious substances — proving it to be a mag- netic oxide, which will yield 74.93 pounds of metallic iron to 100 pounds of ore. " The prevailing rocks are red feldspathic granite, gneiss, quartz, talcose and chloritic shists. Granite ridge sur- rounds the deposits, and veins of quartz traverse it in all directions. The limestone of the palezoic and cretaceous rocks are in the immediate vicinity, from which materials for flux can be easily obtained. A most remarkable de- velopment of hematite and limonite occurs on the w^aters of Red Kiver. It is found in regular layers of from fifty to sixty feet in thickness. Associated with these ores are various oxides of iron, suitable for pigments of red, yellow and brown colors distributed, forming regular layers of several feet in thickness. The largest amount is on vacant lands — subject to location by certificates. 70 HISTORY OF TEXAS. " Coal. — The coal-bearing rocks of Texas occupy an area of not less than 6,000 square miles, embracing the counties of Young, Jack, Palo Pinto, Eastland, Brown, Comanche, Callahan, Coleman, and extending to the Ter- ritory of Bexar. The rocks contain the characteristics belonging to the coal measures of Missouri and other Western States. In general aj^pearance, this coal resem- bles that from Belleville, Illinois. The analysis gives, fixed carbon, 52 per cent.; volatile matter, 36 per cent.; ashes, 3 per cent. "This coal cokes with a great flame, without changing its form, and the development of this valuable mineral is destined to be of the greatest importance to the State. " Antheacite Coal, lighter and more brittle than the anthracites of Pennsylvania, has been found in various parts of the State, but I had no opportunity to visit the localities. " Lignites, Tertiary, and other coals of more recent origin, occuj^y an area of some 10,000 square miles — in connection with the true coal formation — on many points of the Rio Grande, in Webb, x\tascosa and Frio counties. They are mostly soft, sulphurous and ashy, but superior to German brown coals. " Asphaltum. — Asphaltum has been found in Hardin, Travis, Burnet, Llano and many counties on Red River. The earth for some distance around certain acid springs is charged with it, and may be employed for the purpose of illumination. For pavements, roofing and other uses, this material is too well known to require further mention. " Gypsum. — In the northwestern portion of the State is the largest deposit of gypsum known to exist in the world, spreading over two hundred miles on the upper Red River and its tributaries. This will be of great value as a fertilizer. Some of the specimens are as trans- parent as the purest glass, easily split into thin layers. THE FAMOUS BAT CAVE. 71 " Salt. — There are a great many salt springs and salt lakes in this formation. Salt is manufactured in the great laboratory of Nature by solar evaporation. The most important locality producing almost an inexhaustible amount of salt, is Sal Del Rey, the greatest Salt Lake in Hidalgo county, and at the Horsehead crossing on Pecos River, Pecos county. The salt here is ready formed, and need only be shoveled up and taken to market. The water is so strongly impregnated that the human body cannot be made to sink in it. The salt is very pure and fit for table use, without refining. " Petroleum springs occur over a space of about fifty square yards, in Hardin county, and it is highly probable that larger supplies may be obtained by boring. The surface indications are certainly as favorable as those of the now famous oil wells of Pennsylvania and northern Ohio, prior to the discovery by deep boring. Extensive quarries of marble, roofing slate, grindstone, soapstone and asbestos, with a large class of metallic substances usually present in highly metalliferous regions — such as alum, cobalt, nickel, manganese, arsenic, etc. — are- abundant." Guano. — It is only a short time since this important article of commerce has been discovered in Texas ; and though only a few caves have been examined, there can be no question but there is an inexhaustible supply of guano concealed in our mountain caves. One has been found in Bexar county, twenty miles northeast of San Antonio, containing many acres ; forty feet under ground, with an unknown depth of Guano. Another immense deposit exists in a cave eight miles south-west of Bandera; and another in Williamson county, three miles from Georgetown. There can be no doubt that a thorough geological survey of our State will develop inexhaustible mines of wealth. 72 HISTORY OF TEXAS. The following is from a newspaper published in the county in which the cave mentioned is located : " The Uvalde Umpire describes the famous bat cave in that county, and the operations of the Texas Gruano Company, formed about nine months or one year ago, by Mr, Huertzall, of Galveston, for the removal of the guano. The Umpire says : "The company have been making very satisfactory headway, removing from three to ten tons each day, which they immediately ship to Galveston, thence to Scotland, where use is made of it for different purposes, but princi- pally in the manufacture of ammonia and other medicals. The mountains where the bat cave is situated are about twenty miles north of Uvalde. Near the top of one of the highest in the range are the several openings of the cave. These entrances are facing north, the largest being about fifty feet in width, and twenty in height, the others being smaller, decreasing to a size not large enough to allow a man to get through. The cave increases in dimensions inside, and extends a considerable distance beyond where the workmen are engaged removing the guano, at a point 450 or 500 feet from the entrance. There is a tram- way constructed upon which are run cars or carts, with a carrying capacity of about one ton each. The motive power is a 'jack,' run by the same engine used in the operations of drying. The drying operation is a very ingenious construction, originated by Mr. Huertzall. It is an iron cylinder about 3 1-2 feet in diameter, resting upon a stone foundation, and directly beneath it is placed the fire ; in this cylinder runs a shaft to which are at- tached a number of small arms or paddles. The revolving of this shaft and paddles causes the guano to pass entirely through the cylinder, after which it is sufficiently dry to pack for shipment. It is expected that an improvement BATS INNUMERABLE. 73 will be made in all the machinery used, so as to enable them to prepare 20 or 30 tons per day for shipment. It is supposed that the amount of guano in this cave is so great that, at the present rate of removing it, it will be years before the more accessible portions of it are re- moved. It would be utterly impossible for one to make even a fairly correct estimate of the number of bats inhab- iting the cave ; but that an idea may be given, we would state that for more than three hours they were passing out in a flock or continual flying procession, occupying the entire width of the openings of the entrance. " PART II. Texas Under Spanish Domination. FROM 1685 TO 1820. CHAPTER I. XANDING OF LA SALLE — MISFORTUXES— FORT ST. LOUIS, ON THE LAVACA RIVER— LA SALLE ASSASSINATED ON THE NECHES RIVER BY HIS OWN MEN- FORT ST. LOUIS IN RUINS. CA)LTH0UGH Spanish adventurers had, during the -^^ latter part of the sixteenth and seventeenth centuries, passed through the interior of Texas, historians usually begin its history with the landing of the French under La Salle, on its soil, in the year 1685. After having descended the great river of the continent, and having planted the standard of France at its mouth, La Salle returned to France to procure the men and means for planting a colony at the mouth of the Mississippi in order to open a new route for commerce between France and her Canadian colonies. He was successful in his applica- tion at the court of Louis XIV. The king granted all that the great discoverer desired, and in a manner suitable to the importance of the enterprise and the dignity and munificence of the greatest of French kings. A commis- sion was issued, giving him authority to establish colonies in Louisiana, and placing him in command of the expedi- tion. A squadron of four vessels was provided and furnished by the king. The Joil, a frigate of thirty-six guns ; the Belle, of six guns, a present from the king to La Salle ; the Amiable, a shij") of some two hundred tons burden ; and a small vessel, the St. Francis, carrying munitions. Beaujeau, who commanded the Joil, was also commander or sailing master of the squadron, but under <^ SCEXE OX THE MISSISSIPPI In the time of La Salle. INDIAN DIFFICULTIES. 79 the direction of La Salle, except in the business of navigating the ships at sea, until they should arrive in America. There vere seven missionaries, one hundred soldiers, thirty volunteers, and mechanics, girls, etc., making about three hundred in alL Among these were two nephews of La Salle. The squadron sailed from Rochelle, July 24, 1684. Disputes arose between La Salle and his naval commander on the outward voyage, which was a tedious one. The St. Francis was captured by the Spaniards. Land was discovered on the 26th of December, which they supposed to be the coast of Florida, and this induced them to change their course to the south-west. La Salle had miscalculated the latitude of the mouth of the river, and had been driven too far wesi* by the winds. According to Joutel, the historian of the expedition, a landing was first effected near Corpus Christi, early in January, 1685. Becoming satisfied that they had passed the mouth of the river, they re-embarked, and sailed uj) the coast, making an occasional landing, until February 13, (says Joutel — other accounts say 18th,) w^hen the Belle crossed the bar at Pass Cavallo, into a bay named by them San Bernardo — since Matagorda. On the 20th, the Amiable w^as lost in tr^dng to enter the harbor. Two temporary camps were established ; one on ^Matagorda Island, near the present light-house, and the other on the main-land, up towards Indianola. At first the Indians were friendly and hospitable, but difficulties arose between some of the privates and inferior officers and the Indians, and on the 5th of March, Ory and Desloges were killed by them. After landing, the lYaval Commander became more and more quarrelsome, and finally, in a pet, sailed with the Amiable for France, taking with him her crew, and a xjonsiderable portion of the ammunition and supplies 80 HISTOKY OF TEXAS. intended for the colony. La Salle was thus left with but one small vessel, the Belle, and in the summer she was- sent across the bay ^on an excursion, and was lost near Dog Island. This left the colony without the means of leaving the country by water. They crossed the bay to secure a better location for a permanent fort, and entered a river, which, from the number of buffaloes on the banks, they named Las Veches, or river of Beeves. (Joutel calls the buffaloes wild cattle, and the deer wild goats.) The summer was occupied in erecting the nec- essary buildings, and removing the stores to the new fort at Dimitt's Point on the Lavaca River ; with occas- inal excursions in various directions, in hopes of finding the great river. The company now consisted of about 180 j^ersons. In January, 1686, leaving Joutel in charge of the fort. La Salle, with twenty companions, started upon an excursion to hunt for the Mississippi River. He traveled as far as the Brazos River, where he had the misfortune to lose one of his men, who was either drowned or de- voured by an alligator. Becoming satisfied that he was entirely too far to the west, he returned to the fort, having lost five of his men. While in Canada, La Salle had in his service a faithful lieutenant, De Tonti, the iron-handed. (He had lost one of his hands in battle, and had substituted one of iron.) De Tonti had been instructed by La Salle to descend the Mississippi River to the mouth of the Arkansas, and establish a fort, and collect supplies for the colony he was bringing out from France. Believing that his lieutenant would be found at the designated place, La Salle, about the last of April, with twenty companions, started, intending to discover the river at the point occupied by his faithful De Tonti. The LA SALLE AND HIS COMPANIONS. 81 streams were swollen, and progress was difficult, but he finally reached the villages of the friendly Xassonite and Cennis Indians, on the Trinity and Neches Rivers. While camped on the latter stream, he and his nephew were prostrated by a fever. When they had sufficiently recovered to resume their journey, they found that the improvident hunters had nearly exhausted their ammu- nition, and it would be necessary to return to their fort for a fresh supply. Between deaths and desertions, La Salle now had but eight of the twenty men with whom he started. These, with five horses procured from the Indians, reached the fort in August. They found the number in the fort also greatly reduced, so that there were now but thirty-four remaining alive. Again, on the 12th of January, 1687, La Salle, with seventeen companions, started to the northeast. This time he took Joutel, leaving the fort with seventeen per- sons, including seven women, in charge of Sieur Barbier, who had just married one of the maidens brought out from France. In giving dates and the route of travel, we follow the journal of Joutel, though he tells us that he is not certain as to many of them. On Joutel's map there is a place laid down, called Bucon, about where the Texana and Victoria road crosses the Lavaca River. This is the point where La Salle camped on the night he left the fort. The next day they crossed a plain two leagues, to the Prince's (Navidad) River ; this they found swollen, and for two days traveled up its west bank. On the third day, by felling a tree, they succeeded in crossing their baggage. On Skull Creek they found an Indian village ; (probably Tonkawas) the French called it Habe- mos. On the 21st they crossed the river of Canes, (Colorado, about Eagle Lake). Heavy rains delayed them, and they crossed the river of Sand Banks, (San 82 HISTORY OF TEXAS. Bernard) on the 26th. On Joutel's map are laid down successively, though under French names, Skull Creek, New Year's Creek, the Maligne, or Brazos River ; the Eure (San Jacinto), River of Canoes, so called because in his former voyage, La Salle had to procure canoes to cross it (the Trinity), the Neches, the Angelina and the Sabine. The streams between the San Bernard and Red Rivers are marked as having unknown mouths. In La Salle's first trip he had buried some provisions near his camp on the JSTeches River. These were found, but in a condition unfit for use, and they halted for a few days to procure a fresh supply. A j)arty was sent out to kill naeat. Some of the party had previously manifested a quarrelsome and insubordinate disposition. The leader of this party was Duhaut, who had persuaded Heins, a former buccaneer, Liotot and two others to join him in the conspiracy. It so happened that the five conspirators were out with the party killing and drying meat. They had a special spite towards Moragnet, La Salle's nephew. La Salle dispatched his nephew and two others to the camp for dried meat. Duhaut and Moragnet quarreled about some nice bits of meat, which the hunters claimed as a special perquisite, and Duhaut determined upon re- venge. That night, while the most of the men were asleep, Duhaut, Hiens and Liotot, with their axes, killed Moragnet and his friend Saget, and La Salle's faithful hunter, JSTika, who had followed him from Canada. The conspirators next resolved upon the death of La Salle, and an opportunity to execute their purpose was soon afibrded. He, uneasy at the long absence of his nephew, with Father Ansatase, the priest, and two Indians for guides, went to hunt the party, and after a few miles travel he found the bloody cravat of Saget, and saw buzzards flying in the air. He concluded the hunters were not far distant, and fired his gun. The conspirators INDIANS. DEATH OF LA SALLE. 85 heard it and supposed it was La Salle. Duhaut and L'Archeveque, seeing La Salle approaching the place where they were, stopped, and Diihaut hid himself in the grass. Just as La Salle inquired of the other where his nephew was, Duhaut, from his concealment, shot the great captain in the head. He fell in the arms of the faithful j)riest ; he never spoke, but pressed the father's hand in token of recognition, and expired. The good father, with his own hands, dug his grave and erected over it a rude cross. The chief conspirators did not long survive. Duhaut was shot by Hiens, and Liotot by Rutel, a Frenchman who had been lost during La Salle's first journey, and had now rejoined his companions. Joutel, who succeeded to the command, with six compan- ions, after some delay, resumed their journey. Crossing Red River, June 16th, and pursuing their journey, they were gratified, on the 20th of July, by the sight of the French flag, floating over the fort erected by the faithful De Tonti at the mouth of the Arkansas River. Soon after the departure of La Salle's party from Fort Saint Louis, that place, so weakened, fell before the blood- thirsty Caranchuas,* though it is said that De Leon the * Jacob Grollet and John L'Archeveque, who were subsequently taken from among the Indians by De Leon, gave the following account of the destruc- tion of the fort. The Indiai^ referred to were another band of Caran- chuas, or possibly a band of the Lipans, from the west. The two French- men made in substance to the Governor the following statement: '• That while the Indians in the vicinity of the fort appeared to be friendly with the French, and they had no reason to suspect any bad Intentions or treachery from them, and at a time when the French were scattered about the bay constructing their fort, wliich they had named Saint Louis, and engaged in other peaceable pursuits, tliey were surprised and assailed by a large body of Indians, who had been watching thoni for some time, and all were killed excent five, wlio only owed their salvation to the promptitude of their llight «o V"^ friendly Asiuais." 86 HISTORY OF TEXAS. next year found a few of the survivors among the Indians, and restored them to their countrymen. The following map, from the journal of Joutel, indi- cates the portions of the State traversed by the French : JG84-IG8S CHAPTER II. OE LEON GOVERNOR OP MONCLOVA, IN TEXAS-FOUNDS PRESIDIO ON THK RIO GRANDE IN 1690— SUCCEEDED BY DOMINGO TERAN— ST. DENIS ON THE RIO GRANDE— CORRESPONDENCE BETWEEN D'ALARCONNE AND LA HARPE— BELISLE ON THE COAST— INDIAN LEAGUE. )t(hIS expedition into Texas by the French was soon J- known in Mexico. The Count of Monclova became viceroy in JS'ovember 17, 1686, and one of the first acts of the new administration was to take measures to dislodge the colony of La Salle. A military post was established in the interior, named for the new viceroy, Monclova, and Captain Alonzo De Leon was appointed to the command, with the title of Grovernor of Coaquila, (afterwards spelled generally Coahuila). After settling aifairs to his satisfaction, at Monclova, De Leon started to dislodge the French from their post on the Lavaca river. With one hundred men he left Monclova in the spring of 1689, and arrived at the ruins of the old fort, April 22d. He penetrated the country as far as the villages of the Cenis Indians, and recovered a few of the colonists of La Salle, and humanely returned most of them to their own country. Having been informed of the murder of La Salle, and that one or two of the con- spirators were still among the Indians, he captured them, and they were condemned to the mines for life. In 1690 De Leon again visited Texas. He founded the mission of San Juan Bautista, on the Rio Grande, at 88 HISTORY OF TEXAS. Presidio, and projected the mission of San Francisco, near the old fort of La Salle. In 1691 he was superseded in the command by Domingo Teran, who became very much interested in Texas, and traversed the country as far as Red river. He projected quite a number of settlements and missions ; but his plans were frustrated by the hostility of the Indians. In 1712, Louis XIV, of France, granted to Anthony Crozat, September 14th, the Louisiana country, watered by the Mississippi and its tributaries. Two years later, Crozat, who was a merchant, sent Huechereau St. Denis on a trading expedition to the Rio Grande. When St. Denis returned through Texas, the Spaniards sent Domin- go Ramon, with a few soldiers and friars, to establish " missions." In 1718, war was declared between France and Spain. Early in the spring of 1719, St. Denis and La Harpe collected a small force and invaded Texas, driving the Spaniards from the mission establishments in the east, and i:>enetrated the country as far as San Antonio. Here they were met by the new governor, the Marquis De Aguayo, who had nearly five hundred soldiers, and was prepared to maintain Spanish authority in the province. St. Denis retired to Natchitoches ; but La Harpe remained among friendly Indians, on the JNTeches river. In the meantime, De Aguayo had been superseded by Don Martin D'Alarconne, as Governor of Texas. When D'Alarconne learned that La Harpe was in the Indian village, he addressed him the following note : '' Monsieur : I am very sensible of the j)oliteness that M. De Bienville and yourself had the goodness to show to me. The orders I have received from the king, my master, are, to maintain a good understanding with OFFICIAL COKRESPONDENCE. 89 the French of Louisiana ; my own inclinations lead me equally to afford them all the services that depend upon me. But I am compelled to say, that your arrival at the Nassonite village surprises me much. Your governor could not be ignorant that the post you occupy belongs to my Government, and that all the lands west of the Nassonites depend upon New Mexico. I counsel you to advise M. De Bienville of this, or you will force me to oblige you to abandon lands that the French have no right to occupy. I have the honor to be, etc., De'Alarconne. " Trinity River, May 20, 1719." To this the French commander sent the following reply : "Monsieur: The order from his Catholic majesty, to maintain a good understanding with the French of Louisiana, and the kind intentions you have yourself expressed towards them, accord but little with your proceedings. Permit me to inform you that M. De'Bienville is perfectly informed of the limits of his Government, and is very certain that the post of the Nassonites depends not upon the dominions of his Catho- lic Majesty. He knows, also, that the province of Las Tekas (Texas), of which you say you are Governor, is a part of Louisiana. M. de La Salle took possession in 1685, in the name of his most Christian Majesty ; and since the above epoch, possession has been renewed from time to time. Respecting the post of the Nassonites, T cannot comprehend by what right you pretend that it forms a part of New Mexico. I beg leave to represent to you, that Don Antonio De Minor, who discovered New Mexico in 1683, never penetrated east of the province, or the Rio Bravo. It was the French who first made ^0 ^IISTORY OF TEXAS. alliance with the savage tribes in this region ; and it is natural to conclude that a river that flows into the Missis- sippi, and the land it waters, belongs to the king my master. If you will do me the pleasure to come into this quarter, I will convince you I hold a post I know how to defend. I have the honor to be, etc., De La Haepe. '' Nassonite, July 8, 1719." The above correspondence gives the gist of the contro- versy between France and Spain in reference to the ownership of Texas. It happened, fortunately for the French, that during the same year in which the above correspondence took place, D'Alarconne, not having been re-inforced, as he requested, so that he could exj^el the French from East Texas, resigned his office and returned to Mexico. And the same year, another comj)any of French, under Mons. Belisle, in sailing for the mouth of the Mississippi, landed, as La Salle had done before them, in Matagorda Bay. (See Belisle). Belisle having thus formed an acquaintance with Texas, and a league with some of the civilized Indian tribes, was sent back in 1721, by the enterprising De Bienville, to plant a French colony on the waters of Matagorda Bay. After a feeble effort to maintain a settlement, the project was abandoned, and with it the French claim to Texas. In 1768, France transferred her Louisiana possessions to Spain ; but in 1800, Spain retroceded the country to France ; and in 1803, Bonaparte sold it to the United States. After the latter Government obtained posses- sion, the claim to a part of Texas was again revived under the right acquired by its occupancy by La Salle. While these disputes were pending, the settlements of ihe French in Louisiana, and of all the Spaniards in DEFEAT OF THE NATCHEZ. 91 Texas, were threatened with utter extermination by a formidable Indian league, in 1729. The numerous and powerful tribe of Natchez, in conjunction with kindred tribes in Louisiana, succeeded in enlisting the Comanches and Apaches in the attempt to drive from the country at once, both the Spaniards in Texas and the French in Louisiana. Fortunately this plot was disclosed to Saint Denis by some of his friends among the Indians. He immediately mustered a small force and entered the ter- ritory of the Natchez and defeated them before they had time to rally for a fight. At San Antonio, Governor Bustillos was engaged in introducing and settling the new families from the Canary Islands, and the Indians were troublesome and defiant until 1732, when he organized a military expedition and entered their territo- ries and chastised them. CHAPTER III. MISSION ESTABLISHMENTS — FIRST MASS — MISSIONS IN ALPHABETICAL ORDER — ADAES, AES, ALAMO, CONCP:PCION, LA ESPADA, GUADALUPE, LA BAHIA, LA TRIN- IDAD, LORETTO, NACOGDOCHES, ORQUIZACO, REFUGIO, ROSARIO, SAN FERNAN- DES, SAN JOSE, SAN SABA. /TV HE period in which the Spaniards occupied Texas — -L 1690 to the- Mexican Revolution in 1820 — has been not inappropriately called "The Mission Period." The discovery of the American Continent opened to the crowded population of Europe a new door for enterprise ; and they were not slow in entering it. The adventurers who first visited this country had two objects in view. The first was to add to the dominions of their respective sov- reigns ; and the second, to extend the Christian religion. The establishment of missions accomplished both these purposes — possession of the country was secured, and provision made for the conversion of the aborigines. Our knowledge of the history of these grand old struct- ures in Texas, is very meager ; but we give in a condensed form all the facts accessible. In 1690, Alonzo He Leon, as we have seen, when on his route to Texas, founded on the Rio Grande the Mission and then the Presidio of San Juan Bautista. Having arrived in the neighborhood of La Salle's abandoned fort, he projected a mission to be called San Francisco, after the founder of the order of Saint Francis. The first mass was celebrated by the fathers accompanying De Leon, on the 25th of May, 1690. The misaiou was never built. spa:nish missions. 95 '' In 1691," says Mayer, page 218, '* the province of Asinais, or Texas, as it was called by the Spaniards, was settled by some emigrants, and visited by fourteen Span- ish monks, who were anxious to devote themselves to the conversion of the Indians, and a garrison and mission were at that tune estabhshed/' The location of this estabhshment can now hardly be identified. The Indians were troublesome, andfrequent removalstook place. We quote again from Mayer: " Alarconne, the Governor, early in 1718, crossed the Medina, \\ath a large number of soldiers, settlers and mechanics and founded the to^vn of Bexar, with the fortress of San Antonio, and the mission of San Antonio Yalero. ' ' This was not the fii'st settlement of the neighborhood, as Margil and Saint Denis found a considerable population there in 1714. Bexar was so named for the Duke of Bexar, then Vice- roy. ' 'Alarconne, ' ' saysMayer, ' 'pushedontothecountry of the Cennis Indians, where having strengthened the missionary force, he crossed the river Adaes, which he called the Rio de San Francisco de Sabinas, and laid the foimdation of a fortress withm a short distance of the French fort at ;N'atchitoches, named by him the Presidio de San Miguel Arcange de Lmares de Adaes. These estabhshments were reinforced dm'ing the next year, and another stronghold was erected on the Orquisacas," (probably the Trinity or San Jacmto) . These Texas missions were conducted by monks of the order of Samt Francis, from the colleges of Quaretero and of Zacatecas. In the west, locations were selected capable of u-rigation. Large ti-acts of land were given tothemission, and as soon as practicable substantial stone buildings were erected. Among those builduigs was, first, a chapel for worship, which also answered for a fortress in case of danger. A considerable area was 8 96 HISTORY OF TEXAS. inclosed with a stone wall, and buildings erected for the accommodation of the priests, the soldiers, and such domestics as might be necessary to cultivate gardens and attend to the domestic animals. The task assumed by the missionaries was not a light one. Father Marat, in 1712, complained that " it was necessary first to trans- form these Indians into men, and afterwards to labor to make them Christians." It is difficult to fix accurately either the location or date of these early establishments. The buildings first erected were frequently temporary and removals often took place. Then, one projected a mission, and some one else established it. New invocations and new names were also given. For convenience, we will name the prin- cipal missions in alphabetical order. Adaes — Our Lady Del Pilar [of the Baptismal Font of Parish). — As we have seen, Mayer attributes the founda- tion of this mission to De Alarconne. Other authorities ascribe its foundation to Ramon, in the time between 1715 and 1718. It was erected into a Presidio in 1781. Besides holding the country against the French, its object was to convert the Adaes, a small band of Caddo Indians. It was never very prosperous as a mission. Monsieur De Pages, who visited it in 1768, describes it as then consisting of "forty houses " besides the church. In 1790 it was entirely broken up, and the few Christian Indians transferred to San Antonio, and a labor of land known as the Labor de Los Adaenis assigned them, near the church of the Alamo. In 1805, when Bishop Feliciana Maria visited the Sabine in company- w; th Governor Cordero, he baptized two hundred neophytes in the old church. That was probably the last time it v as used for worship. Aes — Our Lady de Los Dolores, — was established in THE ALAMO. 97 1716, or 1717, for a small tribe "of Indians near San Agustine on Aes or Ayish Bayou. It was broken up in 1772 and a few Indians removed to San Antonio. The Alamo. — The most important of these missions is that of Alamo ; this has been not inaptly called the Thermopylae of Texas, as here Travis and his heroic band re-enacted the part performed by the brave Spartans nearly twenty-three centuries before. The name and location of this mission were frequently changed ; it was commenced on the Rio Grande in 1700, under the name of San Francisco Solano ; in 1703 it was removed to a place called San Ildephonso ; in 1710 it was transferred back to the Rio Grrande ; about the year 1716 or 1718, probably at the suggestion of Father Margill, it was removed to San Antonio and located at the San Pedro Springs under the name of San Antonio de Valero, from Saint Anthony of Padua and the Duke of Valero, then Viceroy of Mexico ; in 1732 it was moved to the Military Tlaza in the city, and in 1744 transferred across the river to its present location, when it took the name of Alamo — Poplar Church. The corner stone of the building was laid with the usual ceremonies, May 8th, 1744 ; a slab in the front wall bears date 1757 ; it ceased to be used as a par- ish church in 1793. Mission Concepcion la Purissima de Acuna. — Im- maculate Concepcion de Acuna^ — from Juan de Acuna, Marquis of Casa Fuerta, Viceroy in 1722 ; this, in a tolerably good state of preservation, is situated on the left bank of the river about two miles below the city. The foundation stone was laid March 5th, 1731, by Captain Perez and Father Bergara ; it was never very prosperous, .and had been discontinued as a mission parish when ■visited by Pike in 1807. Espada — San Francisco de La Espada. — Mission of 98 HISTORY OF TEXAS. Saint Francis of the sword — intimating that those who' founded this establishment belonged to the church mili- tant, who had to wield the literal, as well as the spiritual sword. It was first located on the Medina River, but. owing to the frequent attacks of the Apaches, for greater- security it was removed to the San Antonio. This was in 1731 ; it was completed in 1750. Portions of the walls and the sword-shaped tower are still standing. Guadalupe — Victoria; Our Lady of — in Victoria county, was probably projected by Ramon, in 1714. Its object was to found a Presidio, and open ditches for the irrigation of the river valley. Extensive ruins still remain in what is called Mission Valley. La Bah I a — Del Espiritu Santo — (Mission of the bay of the Holy Spirit) at Groliad, was commenced about the year 1718, though the place was visited by De Leon in 1687. Domingo Teran, who founded so many of the Texas missions, projected this. Bishop Odin is authority for the statement that the mission on the east side of the river, and since known as Aranama, was the original Espiritu Santo Mission, while that on the west side was called La Bahia. The former was for the Aranama In- dians, while the latter was for the Caranchuas. The old Goliad Mission Church is still used. La Trinidad. — It is supposed that this mission was projected, and the foundation laid, in 1691, by Governor Teran and the party of monks that entered the country with him that year. This mission possibly gave its name to the Trinity River. It was situated a little below the town of Alabama. Owing to trouble with the Indians and the overflow of the river, the establishment was soon aban- doned for one near Nacogdoches. LoRETTO, Our Lady Of. — A mission by this name was projected by Ramon, upon the San Bernardo (Matagorda) Bay, about 1721. The enterprise was soon abandoned. SPANISH MISSIONS. 99 l^ACOGBOCK-ES— Our Lady ^— The foundation of this mission was laid by Ramon, July 9, 1716, but in conse- quence of the disturbances between the French and Spanish, the Indians were, in 1772, transferred to San Antonio. A small garrison was, however, generally kept at the place, to watch the movements of the French at Natchitoches. In 1778, was laid the foundation of a stone house, for the garrison, which still stands. Orquizacco— (9/^r Lady ^— was established for the benefit of a small tribe of Indians of that name, on the San Jacinto river ; founded in 1715 or 1716, and aban- doned in 1772, and the Indians removed to San Antonio. Refugio — Our Lady of, — was founded in the town of the same name, in 1790 or 1791. This was the last estab- lishment of the kind undertaken by the Franciscans in Texas. . RosARio— About 1730, a mission of this name was started a few miles from Goliad. San Fernandes. — Was not exactly a mission, but a parish church built in San Antonio, or San Fernandes, in 1732. In 1868 it was rebuilt as a cathedral ; a portion of the old walls in the rear of the new building forms the sacristy of the present church, occupied by the ■Spanish-speaking population of San Antonio. San Jose de Aguayo.— From Aguayo, governor of Texas in 1720. This, on the right bank of the river about four miles below San Antonio, was commenced in 1718 and completed in 1771; it was the most elegant and beautiful of all the Texas Missions. A celebrated artist by the name of Huicar was sent out from Spain, who spent years in carving the statues and other ornamental work of this building. About ten years ago the dome and portions of the arched roof fell in ; vandal hands have defaced the statue of the Virgin Mother and Child, and 100 HISTORY OF TEXAS. that of Saint Gregory and other figures, and beautifulljr carved work in the front. After the secularization of the Texas Missions in 1703, by Pedro de Nava, this mission was discontinued and the land distributed to the Indians. The next year there were reported, Christian Indians, men 27, women 26, boys 11, girls 14, widows 6, totaj 84 ; Pagans, men 6, women 5, 1 boy and 3 girls, total 15 ; in all 99. This church w^as visited by Lieutenant Pike in 1807 ; at that time it had hardly enough Indians to per- form household duties. It soon afterwards ceased to be occupied as a place of worship. Standing in solitary grandeur upon a beautiful plateau, it is annually visited by thousands who can but admire this monument of the zeal and enterprise of the Franciscan fathers of the last century. San Juan Capistran.— Is about six miles below San Antonio, on the east side of the river. It was established in 1731, but was never very prosperous and is now in ruins. The ruins, however, speak volumes for the skill of the architect who designed and the laborers who erected the edifice. San Saba.— This mission, located in Menard county,, on the river to which it gave its name, was founded in 1734, by a company of fathers from Santa Fe. The mission was doing well, and the fathers were encour- aged to hope for the speedy Christianization of the- numerous and war-like tribes of Comanches, who main- tained friendly relations with the ecclesiastics. But in 1752, a silver mine, called Las Almagres, w^as discovered in the neighborhood of the fort. This drew to the place a number of miners and adventurers, some of whom quarreled with the Indians, and at a time when the few soldiers were absent from the fort. The exasperated savages fell upon the defenseless missionaries and put ANCIENT RUINS. 101 them all to death, not sparing even the domestics. This was a sad blow and an ungrateful return for the self- sacrificing labors of the fathers. Besides the establishments we have mentioned, other ruins are found in various parts of the State ; but even the names of these old missions are now unknown. At the head of a canon of the Nueces river in Edwards county, thirty-five miles from Uvalde, there is a large stone building, with many evidences of its having been once occupied. The missionaries probably shared the same fate with their brethren at San Saba. This was in the territory occupied by the Apaches. Eight miles below these old ruins, in the valley of the Nueces, in Uvalde county, there is another old establishment in ruins, and others in difi'erent places ; some of which had been so far completed as to give evidence of having been occupied, while others were destroyed by the Indians before completion. In 1794, Don Pedro de Nava, then Governor of Texas, secularized all the missions in the province, thus transfer- ring their control from the monastic orders to the secular dergy. CHAPTER IV. COLONISTS FROM THE CANARY ISLANDS ARRIVE AT SAN ANTONIO— TEXAi AT THE OPENING OF THE NINETEENTH CENTURY— NOLAN'S EXPEDITION— DIF- FICULTIES BETWEEN SPAIN AND THE UNITED STATES— WAR IMMINENT- AVERTED BY MYSTERIOUS DIPLOMACY. )t(hE first attempt to introduce colonists into Texas -L was made by the Marquis of Casa Fuerta. Before he became viceroy, he had visited Texas and formed a high opinion of the capabilities of the country. Mainly through his influence the king was induced to defray, from the royal treasury, the expense of transporting fam- ilies to the new settlement on the San Antonio river. If Mr. Kennedy is correct in his statement, these were pretty expensive colonists. It took $72,000 to bring sixteen families from the Canary Islands to Texas. Among the families who then came were those of Rodrigues, Mancha- ca, Atoche, Delgado, Arocha, Travyosa, Cavalla, Mueto and Flores. The Navarros were from Corsica ; Veramen- dis and probably the Seguins and La Garzas, from Mexico. The village took the name of San Fernandes, from Ferdinand III of Spain. Opening of the Nineteenth Century. — As we have seen, the zealous Franciscans were heroically engaged in the good work of Christianizing the Indians. The large number of magnificent buildings and ruins, still scattered through Texas, are perpetual monuments of their zeal and fidelity. But they were not remarkably successful. The Indians often proved intractable ; and internecine 'I Nolan's expedition. 105 wars diminished their numbers. After the lapse of a century, comparatively few of the mission establishments could boast a permanent population, and the vast region now known as Texas was comparatively an uninhabited wilderness. San Antonio then contained a population of about 3,000 ; and Groliad and Nacogdoches as many more. Texas had no sea port and no legitimate commerce, though her bays were occasionally visited by the Buccaneers. Nor was there any overland commerce. Almonte esti- mated that there were, at that time, possibly 100,000 cattle and 40,000 horses in the province. An American family had occasionally ventured into East Texas. James Gaines, a relative of General Gaines, of the United States Army, had opened a ferry at the principal crossing of the Sabine River. Robert Barr and Samuel Davenport had settled on the Neches River, and taken the oaths as subjects of the Spanish crown. Nolan's Expedition. — In 1797, Philip Nolan, an Irish- man by birth, entered Texas to procure a supply of cavalry horses for the army of General Wilkinson, then in the Mississippi Territory. This was with the consent of the Spanish authorities. Having a letter from Baron Caron- delet. Governor of Louisiana, Nolan had no difficulty in procuring his horses. He was a careful observer and drew an accurate map of the country. Ostensibly for the same purpose, Nolan again visited Texas in the year 1800. The Spaniards were becoming suspicious of the Americans, and Manuel Gayoso, who had succeeded Carondelet as Governor of Louisiana, wrote to De Nava, commander of the eastern internal provinces, that Nolan was a dangerous character, who, in conjunction with Wilkinson, was plot- ting against the interests of Spain, and advised his arrest. The commandant at Nacogdoches was accordingly instructed to watch Nolan and not permit him to enter 106 HISTORY OF TEXAS. the province. But he passed higher up the country, and entered by way of Red River. He had with him fourteen Americans, five Spaniards and one negro servant (some accounts say two). When this party arrived in the neighborhood of the Tehuacana Hills, in what is now Limestone county, they halted and erected a block-house, and built pens, and prepared to capture mustangs. Musquis, the Spanish commander at Nacogdoches, ordered to capture Nolan's party, left his post on the 4th of March, 1801, with sixty-eight regular soldiers, and thirty-two volunteers. He crossed the Trinity on the 11th, and guided by Indian spies, reached the neighbor- hood of Nolan's camp on the 20th. He had a small cannon, which was so planted as to bear directly upon the block-house. Two of the Mexicans in Nolan's ranks deserted to the enemy, one of them carrying off Nolan's, rifle. Before this, two of the Americans having learned that Nolan intended to make war upon the Spaniards, abandoned the party and reported Nolan's design to the authorities at Nacogdoches. . A short conference was held between the two commanders, when Nolan retired to his block house and prepared to fight. He was killed by the first discharge of the enemy's cannon. Bean succeeded to the command, and kept up the fight for several hours. Finally, the little party surrendered as prisoners of war, under the promise of good treatment, and of bemg liberated at Nacogdoches and sent to the United States. Instead of being released and sent home from Nacogdo- ches, they were put in irons and sent to San Antonio,.the first Americans seen in that city. From the latter city they were marched across the Rio Grande, and kept in prison many weary years. Three made their escape ; one died in prison, and after they had been six years prisoners, an order came from the King of Spain, to have SPANISH HOSTILITY. 107 every fifth man hung. The order was, to execute only those taken in arms against the royal authority. Three of the men were not in the house during the fight. There were but nine left, and the humane judge decided that only one should be executed. The nine agreed to throw dice, the one throwing the lowest number to be the victim. The lot fell on Ephraim Blackburn, who threw but four, and he was immediately executed. The survi- vors were sentenced to ten years hard labor. Bean was the only one who ever revisited his native land. (See Bean). Among the Spaniards there was a growing hostility ex- hibited towards the Americans. The policy of their government was exclusive. Philip II. had declared that nothing but Spanish commerce should float on the Gulf of Mexico, and on the land absolute non-intercourse was proclaimed. Salcedo, the commander at Monterey, said if "he had the power he would stop even the birds ■ from flying across the Sabine." By a tacit understanding,, the Aroyo Hondo, a tributary of Red River about half way from the Sabine to Natchitoches, had been recognized as the boundary between the Spanish and French pos- sessions, though the old Spanish maps extend their territory to the Calcasieu River. Between the United States and Spain there were other unsettled questions besides those relating to boundaries. After the purchase of Louisiana, the former revived the claim which France had asserted to Texas. We need not enumerate the other irritating, unsettled questions. In his message, at the opening of Congress, in December, 1806, President Jeflerson said : ^ " With Spain our negotiations for a settlement of difliculties have not had a satisfactory issue." As a precautionary r ^asure, Mr. Jefi'erson had ordered Major Porter, of the 108 HISTORY OF TEXAS. army, to take possession of the old French post at Natchi- toches. Soon afterward the Spaniards threw a force across the Sabine into the okl Spanish post and mission of Adaes. About the same time the Spaniards began concentrating troops on the right bank of the Sabine. Early in the spring the garrison at Natchitoches was reinforced by the arrival of Lieutenant Kingsbury from Fort Adams, with four field pieces, and three companies of infantry. Early in June, Generals Herrera and Cordero, with twelve hun- dred veteran Spanish soldiers, reached Nacogdoches, whereupon Governor Claiborn called out the militia of Louisiana, and General Wilkinson hastened towards the Sabine with all the available forces from New Orleans. Negotiations had failed ; the two powerful nations were concentrating their armies prepared to fight ; the com- manders were defiant, and both nations were waiting in anxious solicitude for the commencement of hostilities. And now occurred, on the banks of the Sabine, without the interposition of any civilian, one of the most important and most mysterious diplomatic adjustments that this continent has witnessed. Herrera and Wilkinson met in secret council. It was conjectured, apparently, not with- out reason, that Wilkinson was cognizant of the move- ments of Aaron Burr ; further that he had promised Burr his aid. Two secret messengers of Burr were said to be in Wilkinson's headquarters. The two generals met, and instead of provoking each other to battle, entered into the treaty of " the neutral ground." They agreed that a narrow strip of country between the Arroyo Hondo and the Sabine should be respected as "neutral" and occupied by neither government until a definite treaty fixed, permanently, the boundary between the two nations. The next morning the following order was issued by Wilkinson : termination of the campaign. 109 " Morning Order, East Bank of Sabine, ) November 6th, 1806. j " His excellency, General Herrera, the military chief immediately opposed to this corps, having agreed to withdraw his troops to JS'acogdoches, and to prohibit their re-crossing the Sabine River pending the negotiations between the United States and Spain, the objects of this expedition are accomplished, and the camp will be, of course, evacuated to-morrow or next day, and Colonel Gushing will lead the troops to Natchitoches. " Signed, Walter Burling, Aid-de-Campr This sudden termination of the campaign was not satisfactory to the American soldiers There was a suspicion that General Wilkinson had acted dishonestly, in reference to the project of Burr. " It was impossible," says Monette, " for him to divest hiriiself of the suspicion that settled over him that he had extorted money from the Spanish Governor by exciting his fears as to the powerful invasion contemplated by Burr, and which could be arrested only by the most energetic intervention of the American commander-in-chief, with the whole of the army and means at his disposal. His troops retired indignantly from the Sabine, many of them fully convinced that they had been robbed of their anticipated laurels by the cupidity of their commander, who had entered into dishonorable negotiations, and that money, and 'not the sword, had terminated the campaign." It was boldly asserted at the time, and has-been often repeated, though an investigation failed to verify the assertion, that Herrera agreed to give Wilkinson $300,000 for his influence in defeating the scheme of Burr ; and further that $120,000 was paid at the time, having been 110 HISTORY OF TEXAS. transported from San Antonio on mules. Ten days later, Burling was dispatched to Mexico on a secret mission ; rumor said it was to receive the other $180,000. The scenes which followed the retreat from the Sabine, when viewed from our present stand-point, have a strangely ludicrous asj^ect. The reader will please remember that, at this time, about the only force under the control of Burr was a few score of men and boys encamj^ed on Blennerhassett's Island, near Parkersburg, West Virginia ; and that the arms of this company consisted, mostly in implements of husbandry ; and that they w^ere preparing to descend the river in flat boats, .and oj)en a new plantation for Burr and his unsuspecting, but dishonored friend, Blennerhassett, on the lands purchased from Baron de Bastrop by Burr. On arriving at New Orleans, Wilkinson commenced the most vigorous preparations for defending the city against Burr. He prepared a flotilla to meet the flat- boats of the latter up near Vicksburg ; and dispatched Lieutenant Swan to Jamaica to detach the commanders of the British navy at that station from the Burr movement. He put the forts near JNTew Orleans in a thorough state of defence, and supplied them with a great quantity of am- munition and munitions of war. He called out the militia ■of Louisiana and Mississippi ; and proclaimed martial law. He arrested and held in military custody every one suspected of sympathy with Burr ; and especially every stranger from Ohw^ where Burr was supposed to have unbounded influence. The whole country was patrolled by Wilkinson's guards, and every one who could not give a satisfactory account of himself was thrust into prison. A true and life-like description of these scenes must be reserved for the pen of some future Cervantes. Albeit, Wilkinson was not another knight of La Mancha. He ARREST OF AARON BURR. Ill liad been in actual war ; had proved himself a brave and gallant soldier ; nor was he carried away with groundless fears. His views were clear, and his mind well-poised. All this bluster was not to defeat Burr ; but to affect De Nava at Monterey and his royal master in the halls of the Montezumas. It was useless. The viceroy refused to listen to Burling, and referred him, for the payment of the money, to theintendant at Vera Cruz, for which place he ordered him immediately to depart. Upon his arrival there, the intendant refused to furnish him wdth anything but a guard, and ordered him to take passage immediately for New Orleans. The arrest of Burr, and the return of Burling^ produced a wonderfully tranquilizing effect, not only upon the commander, but also upon the New Orleans public. (SeeBurr, Wilkinson and Herrera, in biography.) CHAPTER V. MAGEE'S expedition— BERNARDO GUTjiERRES— MARCH TO GOLIAD— DEATH OP" MaGEE— DESPERATE FIGHTING — THE VICTORIOUS REPUBLICANS, ON THE WAY TO SAN ANTONIO, GAIN A SPLENDID VICTORY AT THK ROSILLO CREEK —SHAMEFUL MASSACRE OP SPANISH OFFICERS— BATTLE OF ALASAN— REPUBLICANS DEFEATED AT THE BATTLE OP MEDINA— WHEN THE ROYAL- ISTS AVENGE THE DEATH OP THEIR BROTHER OFFICERS. /Tv HE " neutral ground " became the favorite resort of a J- band of lawless freebooters, who lived by depredating upon caravans o It was an important part of the duty of the soldiers stationed at Natchitoches to protect trav- ellers and traders in passing through this dangerous territory. Lieutenant Augustus W. Magee, a graduate of West Point, was one of the officers employed in this work. At this time, the Republicans in Mexico had been defeated and many of them driven into exile. Bernardo Gutierres, who had been engaged with Hidalgo in the revolutionary movements in Mexico, had taken refuge at ^Natchitoches. In long interviews between ^lagee and Gutierres, the former conceived the idea of reviving the project of Burr ; rescuing Texas from Spanish domina- tion, and organizing a republic. He enlisted a number of the leading " heroes " of the neutral ground, who, with their followers, were ready for any enterprise that prom- ised excitement and booty. With the assistance of John M'Farland and Samuel Davenport, who had been Indian agents, an alliance was formed with some of the Indian tribes in the neighborhood. Bernardo secured the co- CYPRESS CREEK, NEWTON COUNTY magee's expedition. 115 operation of the Spanish Republicans in the East. A considerable force was thus assembled, ready to enter the province. As they confidently expected the assist- ance of the Mexicans in the West, it was thought best to give Bernardo the nominal command, though all recog- nized Magee as the real leader. The staft* officers were Kemper, Perry, Ross, Slocum and Dr. Forsyth. The captains were, Gaines, Lucket, Orr, M'Kim, Taylor, etc. There was, at that time, a strong prejudice against the native Spaniards, hitherto the governing class. These were called, in derision, "Grachupins." One of the rally- ing cries of the newly-organized party was, " Death to the Gachupins !'' They assumed the name of " The Repub- lican Army of the North." About the middle of June, Bernardo, with the advance party, numbering 158 men, crossed the Sabine, and had a skirmish with the Spanish guard, near the bank of the river. Two of the Republicans were killed, and three wounded ; but the Sj^aniards were driven in disorder to Nacogdoches, and evacuated that place on the arrival of Grutierres. In the meantime, Magee had resigned his commission in the U. S. Army, visited New Orleans, and, with the help of Davenport, succeeded in collecting a good supply of munitions of war. To secure enlistments, each soldier was promised $40 per month, and a league of land. There is a great discrepancy in statements as to the number in the Republican army when it was reorganized on the banks of the Trinity river. Yoakum, following M'Kim, makes the number nearly eight hundred ; while M'Lean, who was in the expedition, fixes the number at three hundred. We have chosen the smaller as the more probable number. At the Trinity, the party was re= inforced by two additional companies, under Captains 9 116 HISTORY OF TEXAS. Scott and M'Farland. When they took up the line of march for the West, their supplies were " ten or twelve beeves, and tifteen mules, loaded wdth flour and military stores." They crossed the Brazos in October, and arrived at Goliad on the 7th of JN'ovember. The Mexican garrison, instead of offering resistance, joined the Republican ranks. A few days later. Governor Salcedo and General Herrera arrived with trooj^s from San Antonio. Herrera had a small park of artillery, and having placed his guns in position, on the 20th of IN^ovember made a furious assault upon the town. This was gallantly met by the Repub- licans. After some further unsuccessful attempts to take the place by assault, the Spaniards contented them- selves with merely keeping up the siege. The Republi- cans occasionally sallied out for provisions. In one of these was fought the battle of the White Cow, as they were after a cow of that color for food. In one of these skirmishes the Rej^ublicans lost a few of their horses. They had not calculated on the possibility of being closely confined in a little fort, and a number of them, including Captains Davenport and Scott, resigned and returned to their homes on the Sabine. Most of the new Sj^anish recruits deserted, and about the first of February, 1813, Magee died of consumption. After the death of Magee, Samuel Kemper was elected commander of the Americans. Bernardo still held the nominal command of the whole. On the 10th of Februa- ry, the Spanish made another desiderate attack upon the beleaguered garrison ; and at one time succeeded in getting into the town. But the Rei^ublicans had posses- sion of the old Mission. From this they dashed out, and in a hand-to-hand fight drove the Royalists from the place. In this fight, the Republicans had eight killed SPANISH FAILURE. 117 .and thirty wounded. The Sj^aniards lost 100 killed. (This number is given in the account of Col. M'Lean, late of San Antonio, who was in the fight. Yoakum places the loss of the Sj)aniards at 200). After this failure, the Sj)aniards raised the siege and retired to San Antonio. They were soon followed by the exultant Republicans. This was on the 16th of March. Their force now consisted of 270 Americans, 200 Mexi- cans and 30 Coshattie Indians. On the route they were reinforced by Captain M'Farland with 300 Lipan and Tonkawa Indians. (These are the figures given by Hall and M'Lean; Yoakum, following M'Kim, makes the number of Americans 800. The probability is, that men were constantly arriving and departing, and the numbers were never very accurately known). Salcedo and Herrera prepared to meet the foe outside of the city. They sent out all of their available force to a thicket on the Rosillo creek, nine miles below the town. They had a park of artillery, but the Republi- cans, anticipating an attack, marched in the order of battle, and when the Royalists opened fire upon them, returned it so effectually, and charged so vigorous^ upon the thicket, that the Spaniards soon left the field and retreated in disorder to the city. It is said the officer in immediate command was so mortified that he killed himself rather than return in disgrace. In history this is known as the battle of Rosalis, or Rosalio, and there is great confusion among writers as to the place and the particulars of the fight. The time, too, ranges from the 1st of March to the 4th of April ; and as to numbers engaged, the Spaniards are variously, estimated at from 1500 to 2500, while the number of the Republicans ranges from 500 to 1200. On the 2d of April, according to Spanish authority, the 118 HISTORY OF TEXAS. Republicans entered this city. Seventeen prisoners^ found in the Alamo, were released, who at once joined the ranks of their deliverers. The j)ublic stores, arms, provisions and military chest, furnished a grateful sup- ply to the needy adventurers in the Republican army. Each soldier, besides his wages, received a gratuity of fifteen dollars, a suit of clothes, and an order for two horses or mules out of the public caballada. The Indians were supplied with two dollars worth of vermillion, together with presents to the value of one hundred and thirty dollars, and sent away rejoicing. The Mexican soldiers were paroled, and the officers reserved for a sad and horrible fate. After arriving in San Antonio, Gutierres was among his own countrymen, and began to exercise a real as well as a nominal authority. He organized a governing junta composed of some of the leading Republicans in the city. Captain Delgado, to avenge the death of his father, induced the junta to pass a secret decree for the execu-^ tion, by drum-head court martial of all the Spanish officers held as prisoners of war. He well knew the Americans would never sanction such an act of barbar- ity, and the prisoners were marched out of the city under pretence of sending them to the coast to be forwarded to ^ew Orleans. When near the Rosillo battle ground, by order of Delgado, who had them in charge, they were halted, stripped and their throats cut. The late Col. J. A. Navarro gives the following account of this slaughter : " Some of the assassins, (Delgado's company), with brutal irony, whetted their knives upon the soles of their shoes in the presence of their victims. The day following the , assassination, I myself saw this band of murderers, led by their commander, Antonio Delgado, halt in front of the government buildings ; I myself heard them inform EXECUTION OF PRISONERS. 119 Bernardo Gutierres that the fourteen victims had been put to death. The following list comprises the victims : Spaniards — Manuel de Salcedo, Governor ; Simon de Herrera, Governor of New Leon ; Geronimo Herrera, Lieutenant Colonel ; Juan de Echeverria, Captain ; Jose Groscochia, Captain ; Francisco Pereira, Captain ; Jose Mateos, Captain; Juan Ignatio Arambido, Captain; Gregorio Amado, Lieutenant; Antonio Lopez, citizen, Mexicans — Miguel de Arebs, Captain ; Louis, his son, Lieutenant; Francisco, his son, Ensign; Juan Caso, Lieutenant." The execution of these prisoners of war was so dis- pleasing to the Americans that Kemper, Ross, Hall and a number of others left in disgust and returned to the United States. Those who remained elected Perry as their commander. But these soldiers, intoxicated with their success, indulged in various unsoldierly excesses in the city, but they were not long permitted to remain idle. Early in June another Spanish army appeared in the neighborhood, under the command of Don y Elisondo. So unexpected was the approach of this new army, that a company of Republicans, out grazing their horses, were captured ; and Elisondo might then have marched without opposition into the city, but he halted on the heights of thex\lasan and commenced throwing up rude breast- works. He sent in a friendly message to the citizens, advising them to surrender to the royal arms. As an inducement to this, he proposed to parol all the Americans, and per- mit them to depart to their homes. He probably thought this the safest way to dispose of men who, in battle, might prove dangerous foes. But these brave men had no idea of leaving the city as paroled prisoners without a fight. The Mexicans, who at first were disposed to sub- mit to Elisondo, changed their minds when he demanded 120 HISTORY OF TEXAS. seventeen of the leading citizens as prisoners. They- probably conjectured that these men were to be put to death to avenge the murder of Herrera and his compan- ions. While they amused Elisondo with the hopes of a bloodless triumph, they rallied their disorganized bands, and, under the leadership of Grutierres, Perry and Manchaca, silently, on the night of June 4th, (McLean says June 8th,) marched out to attack the unsuspecting' Spaniards. It was near daybreak when they assaulted Elisondo's fortifications. They succeeded in entering his works, and tore down the Spanish flag, and unfurled their own tri-color in its place. The Spaniards rallied and retook the breast- works. For four hours the battle raged with great fury, but finally the Royalists were driven * froixi the field with a loss of about three hundred killed and as many wounded. The Republicans had five killed and thirty wounded. After this fight Gutierres left San Antonio and retired with his family to the Sabine. He was succeeded in the command by the famous General Toledo. Toledo re-organized the civil administration, and did all in his> power to reduce the army to a state of discipline, no easy task with such a class of adventurers. He well knew that the Royalists would not surrender a city of such im- portance as San Antonio without another efibrt for its recovery. The next general sent to capture the city was Arredondo, commander of the eastern internal provinces, at Monterey. The new commander, with his army of" about four thousand men, halted on the Medina river,, southwest of the city, and threw up fortifications. He- arranged them in the shape of a horizontal h> , with the' open end towards the city. To meet this force Perry had about three hundred Americans, and Toledo and Man- CRUELTY OF THE SPANISH COMMANDER. 121 chaca about six hundred Mexicans. On the march to the battle-iield, Perry, according to McLean, was joined by his old commander, Kemper, in company with Judge Bullock and six or eight other Americans. The battle was fought August 18th. The Republicans were rushing forward with great impetuosity, when Toledo saw that they were entering into the trap set by Arredondo, and ordered a halt. The men, not understanding the reason for the order, continued to press on. They displayed a heroic courage, and would probably have won the day, but in the midst of the fight, Musquis, one of the captains in their ranks, deserted with his whole company to the enemy. Thus deserted and betrayed, these brave men were finally thrown into disorder and compelled to retreat. The retreat soon became a rout. The fugitives fled to- wards the Sabine, and were hotly pursued by their relentless foes. The pursuing party was cavalry, under the command of Elisondo, still chafing under his recent defeat. All who fell into his hands were incontinently butchered. Seventy or eighty of these unfortunate men were overtaken at the Spanish Blufi*, on the Trinity River. They were marched to an island of timber, at the junc- tion of the San Antonio and La Bahia roads, where a deep trench was dug for a grave, across which a piece of tim- ber was placed. After tying the prisoners, ten at a time, they were placed on this piece of timber and shot, their bodies falling into the trench. Among the victims of this butchery were Colonel Manchaca and Captain Antonio Delgado. " Two days after the battle," says Mr. Yoakum, " Gen- Arredondo, having his wagon loaded with wounded and dying, marched in triumph into San Antonio. Here commenced a scene of barbarity which that place had never before witnessed. Seven hundred of the peaceable 122 HISTORY OF TEXAS. citizens were seized and imprisoned. Three hundred of them were confined during the night of the 20th of August in one house, and during the night eighteen of them died of suffocation. From day to day others were shot without any form of trial. The cruelty of the Spanish commander went even further. He had a prison for females. It was tauntingly called the Quinta. Here were imprisoned five hundred of the wives, daughters and other female relatives of the patriots ; and for being such, they were compelled daily to convert twenty-four bushels of Indian corn into the Mexican cakes called tortillas^ for Arredondo's army. After thus having satis- fied his appetite for blood and revenge, the Royalist commander found an opportunity, about the 1st of Sep- tember, to collect and bury the bones of Salcedo and his staff. By this time Elisondo had returned from the Trinity, driving before him on foot the widows and orphans of those he had there slain. The property of the patriots was all confiscated." "^W '\[i W^l/^- TKLNITY RIVER, SCENE NEAR LIBERTY CHAPTER VI. THE REPUBLICANS AT GALVESTON — AURY, PKRRY, MINA — EXPEDITION TO SOTO LA MARINA — LAFITTE, THE PIRATE — LONG'S EXPEDITION — DISPERSED AND DRIVEN FROM EAST TEXAS, LONG RALLIES A SECOND TIME AT GALVESTON — TAKES GOLIAD — IS SENT BY THE SPANISH REPUBLICANS TO THE CITY OF MEXICO WHERE HE IS MYSTERIOUSLY MURDERED— MRS. LONG HEROICALLY AWAITS HIS RETURN— CONCLUSION OF THE PERIOD.* /TV HOUGH the Republicans had been totally defeated -L in Texas, a new organization, under Morelos, had taken place in Mexico. One of the measures adopted by the new party included the occupancy of the coast of Texas ; one of the most important 23oints on which was the island and harbor of Galveston. Here a glance at the earlier history of this locality may not be amiss. We think it more than probable that La Salle, in hunting for the mouth of the Mississippi River, visited Galveston in 1685-6. It is likely that the next visitant to the island were the irregular seamen, the buccaneers and fillibusters, who, in the latter part of the eighteenth and the beginning of the nineteenth centuries, preyed upon Spanish commerce in the Gulf of Mexico.f * Sketches of most of the men mentioned in this chapter will be found in their appropriate place in our Biographical section. t Buccaneer was derived from bucan, dried meat, as these men lived principally upon dried meat and fisli. In the map of Joutel there is a place on tlie Lavaca River, marked as Bucan, because there tlie French killed buffaloes and dried the flesli. As to the Avord fiUibuster, DeQuincy sa3^s : " This word is constantly spelt by our own and the American journals as fillibustiers ox fiUibuUeros; but the word of nearly two centuries back, anions^ the old original race of sea robbers, French and English, that made irregu- lar war upon the Spanish shipping and maritime towns, wasy?/i^Mrf/>r." 126 HISTORY OF TEXAS. Galveston aflforded a good harbor and a safe retreat to this class of famous freebooters, and was with them a favorite place of resort. On old maps the island has various names. On the map in the possession of the Galveston Historical Society,, it is called San Louis, the name said to have been given_ by La Salle. On that map, Matagorda Peninsula is marked as Islede Calabras— Snake Island— a name often applied in other maps to Galveston. On another old map the eastern end of the island is called Punta de Cal- abras, from its fancied resemblance to the head of a snake.. The name by which the island is now called was from the Count de Galves, a governor of Louisiana under Spanish rule, and afterwards Viceroy of Mexico. While the Spaniards never conceded that the French had any claim to Galveston, yet when Louisiana was under Spanish dominion, Galveston was reckoned a part of Louisiana. It was during this period that we find the present name first used. Gayarre, in his history of Louisiana, in giving the population of the dififerent parishes for the year 1788, gives the population of Galveston as 268. The first attempt to occupy the island by any recognized government was by the struggling Republicans of MexicO' during the period of her Revolution. Don Jose Manuel Herrera was the minister of the Mexican patriots to the' United States. He spent most of his time in New Orleans,, where he became thoroughly informed of the advantages, of Galveston as a naval station for the Republicans, and he took measures to occupy it. He sailed to the island on the 1st of September, 1816, taking with him Commo- dore Louis de Aury with a squadron of twelve or fifteen small vessels. Aury was of French origin, but had been an officer in the navy of New Granada, stationed at Car- thagena. He had the reputation of a brave, skillful and XAVIER MINA. 127 humane officer. On the 12th of September a meeting was held on the island, and a government organized. Aury was chosen civil and military governor of Texas and Galveston island. He took the oath of iidelity to the Republic of Mexico ; the several branches of public ad- ministration were arranged ; the Republican flag raised, and Galveston declared a port of entry of the Mexican Republic. The vessels of Aury were at once dispatched to prey upon Spanish' commerce ; and they were so successful that they soon almost banished the Spanish flag from that Gulf which Philip II. had threatened to convert into a Sj^anish lake. On the 24th of JN'ovember, the party on the island was reinforced by the arrival of Xavier Mina, with about 200 men and a few ships. Mina was a native of Navarre. In 1808 he abandoned his studies in the University of Sara- gossa, and became a guerrilla chieftain against the French. He won distinction, and acquired the title of Captain General of Navarre and Upper Arragon. Having been captured and imprisoned, he succeeded in making his escape, and sought refuge in England. He found friends among some of the English nobility, and a special friend in Gen. Scott, of the United States army, then in London. He at first intended to attempt the conquest of Florida, in conjunction with Toledo ; but Toledo having deserted to the Spaniards, Mina sailed for Galveston, intending from this point to make a descent upon the coast of Mexico. Mina threw up a mud fort west of the point occupied by Aury, and active preparations were made for his contemplated expedition to Mexico. While Aury and Mina were occupying the island, Perry had taken possession of Bolivar Point with about 100 men. That enterprising oflicer, after escaping from the disastrous battle of Medina, in 1813, had returned' to 128 HISTORY OF TEXAS. Louisiana, and at once commenced his preparations for another campaign against Mexico, While several of his associates were indicted in the United States District Court for a violation of the neutrality laws. Perry escaped, by fixing his encampment west of the Sabine. This comparatively large number of men was well supplied with provisions and other necessaries by the captures of Aury's privateers. Avowedly, they only depredated upon Spanish commerce ; but, unfortunately, Aury had taken into his service some men of desperate character, who made captures of a>ny vessels found in the Gulf. Among the captures were a number of slavers ; and the slaves were smuggled into Louisiana, in viola- tion of the laws of the United States, which denounced the slave-trade as piracy. This induced the Collector of Customs of 'New Orleans to write to Mr. Crawford, the Secretary of the Treasury, at Washington, as follows : "I deem it my duty to state that the most shameful viola- tions of the slave act, as well as our own revenue laws, continue to be practiced with impunity by a motley mix- ture of freebooters and smugglers at Galveston, under the Mexican flag, being, in fact, the re-establishment of the Barrataria band, somewhat more out of the reach of justice. The establishment was recently made there by a Commodore Aury, with a few small schooners from Aux Cayes, manned in a great measure with refugees from Barrataria, and mulattoes." Another letter to the Treasury Department says of Aury that " his principal dependence for men was upon one hundred and thirty brigand negroes, a set of desperate and bloody dogs." After the fall of Napoleon, Generals Lalleman and Ricaud of his staff, with about one hundred ofiicers, entered Texas, ascended the Trinity River and erected a fort, intending to cultivate the vine. Not succeeding to their SLAVE TRADERS. 129 satisfaction, some of these officers enlisted in the service of Aury. Notwithstanding the efforts of the New Orleans custom officers to break up the slave trade at Galveston, it was still carried on, as the ships of Aury often captured slavers. The customary price of the negroes was one dollar per pound. Among the most noted of the slave traders, were the three brothers by the name of Bowie, John J., Re- zm, and James, the hero of the Alamo. In 1818-19, the lat- ter was conveying a lot of seventy negroes up to Alexandria when they made their escape. He followed them to the Colorado River, but was unable to re-capture them. They probably fell in with the Indians and found protec- tion. And this may account for the fact that in Western Texas an Indian is occasionally found of decided African features and color. Debow's Review is authority for the statement that the three Bowies made $65,000 in their speculations in negroes. The forces at Galveston consisted of those of Aury, who enjoyed the title of civil and military Governor, with between three hundred and four hundred men ; Mina with two hundred more, and Perry wdth about one hun- dred on Bolivar Point. Each commander was independ- ent, and somewhat jealous of the others. Perry and Mina wished to invade Mexico ; but to this Aury objected, beincr content to maintain himself at Galveston. In March, 1817, one of the privateers brought word of the defenseless condition of the town of Soto La Marina, about sixty miles up the Santander river, and Aury consented to assist in its capture. The expedition sailed from Galveston on the 15th of April ; Yoakum says on the 6th. The expedition turned out disastrously. After landing and taking possession of the town, the three com- manders disagreed, and in disgust, Aury, with the boats, sailed for the Texas coast. Finding Galveston Island 130 HISTORY OF TEXAS. occupied by Lafitte, he landed at Matagorda, but soon afterward abandoned the Texas coast. Perry, believing the force left too small to effect anything, with about fifty companions, started back to Texas by land, a distance of five hundred miles through an enemy's country. He reached Goliad in safety and might have passed on into the United States, but he determined to capture the small garrison at that place. While negotiating for the posses- sion of the town, a troop of cavalry sent in pursuit by Arrendado arrived, and he was thus attacked in front and rear. After fighting until his men were all killed. Perry fell by his ow^n hand ; at least that is the common report. It is not impossible that he and a portion of his men shared the fate which befell the heroic Fannin at the same point, twenty years later. Mina, after having been abandoned by his companions, gained some splendid victories. On the 8th of June he gained one at Valley de Mais. At Peotillos, on the 17th, he defeated an army of 1,700, but lost sixty of his own. On the 18th he captured a garrison of three hundred men at Real de Rinos. But his force w^as gradually w^asted away by continual fighting, and the Rej^ublicans of the country, did not, as he expected, rally to his standard. He was finally overpow^ered at Venadito on the 27th of September, and shot at Remedies, by order of the Vice- roy Apodaca, November 11, 1817. When the expedition left for Soto La Marina, there were some thirty or forty persons left on the island. Some of these had formerly been associated with Lafitte. Six of the most influential of those remaining met on board the schooner " Carmalita," belonging to Bartholo- mew Lafou, late of JNTew Orleans, and organized a govern- ment. L. Derieux w^as appointed Governor ; John Ducoino, Judge of Admiralty ; Richard Espaonol, LAFITTE ASSUMES COMMAND. 131 Notary Public and Secretary ; A. Pirenneau, Major du Place, and Roiisselin, Collector. Some others having arrived on the 20th, another meeting of about twenty j^ersons was held on the schooner " Jupiter" for ratifying the new government. At this meeting Lafou was Secretary, and Jean Jannet w^as aj^jDointed Marine Com- mandant. This organization was professedly in the interest of the Republican party in Mexico. But unquestionably their main object was the plunder of Spanish commerce in the Gulf of Mexico. It was probably as late as September, 1817, when Lafitte reached the island and assumed command. Jean Lafitte was a Frenchman by birth, the eldest of three brothers, who all became seafaring men. Visiting South America, he at Carthagena fitted out a privateer, and commenced his semi-piratical career. In a visit to Charleston, South Carolina, he became involved in a love affair, and had a quarrel with a rival, whom he killed in a duel. About the. year 1811, he took possession of the island of Grande Terre, afterward Barrataria, on the coast of Louisiana. They so preyed upon commerce, and demoralized the trade of New Orleans, that the Governor of Louisiana ordered them to disperse. As they paid no attention to his order. Governor Claiborne offered a reward of $500 for the head of Lafitte. Lafitte, not to be outdone in that species of generosity, returned the compliment by offering a reward of $15,000 for the head of the Governor. The Barrataria establishment was broken up in June, 1814, by Commodore Patterson of the United States navy. Durins; the war with Great Britain the British Government proffered Lafitte a com- mission as post captain in the British navy ; but while the pirate chief had not decided what course to pursue. Bean landed at the island, having embarked in one of 132 HISTORY OF TEXAS. Lafitte's vessels on the coast of Mexico. As Bean knew Greneral Jackson well, Lafitte concluded to accompany the latter through the swamps to New Orleans, to Jackson's headquarters. By enlisting in Jackson's army, and fighting bravely in the great battle of January 8th, Lafitte won the confidence of Jackson, who secured for him a full pardon from President Madison. But at the close of the war he returned to his former haunts on the gulf, and re-commenced his piracies. When he arrived in Galves- ton he was in the prime of life, a well-formed and hand- some man, about six feet and two inches in height, strongly built, with large hazel eyes, black hair, and generally wore a mustache, dressed in a green uniform and an otter-skin cap. He was kind to his men, but a born commander. To strangers visiting the island, he exhibited a princely hospitality. He at once rebuilt the village formerly occupied by Aury, and called it Cam- peachy. His own house was the most conspicuous in the village and was painted red. The village was towards the east end of the island ; a location since- known as Sacarac, fi'om the timber landed there. The "Americans," says Littell's Living Age, "call timber ships, sacaraps." Lafitte bore a commission from the Republican party in Mexico, as Governor of Texas ; his men gave him the title of Lord of Galveston, w^here he exercised almost absolute authority. Among his more conspicuous lieu- tenants, Latham was an Englishman ; Jim Campbell, Churchill, Franks, Roach, Lambert, Brown and Francis were Americans. The two last named were hung by Lafitte for depredating on American commerce. Marotte, Jean Batista, Rio-Martin, Pluche, Girol and Felix were Frenchmen, who had probably entered Texas with Lalle- mand. Some of the men had their wives, or females claimed as such ; Lafitte had a Creole mistress, and there BATTLE OF THE "THREE TREES." 135 were occasional balls and other festive scenes in which this mixed multitude participated. Lafitte's favorite ship was the " Pride," a foretopsail schooner, captured from the slavers. She mounted fourteen guns, and was always accompanied by two felluccas, and an armed boat, the Calebra. These buccaneers sometimes quarreled among themselves. On one occasion, Jim Campbell charged Marotte with concealing a box of gold watches taken in one of their prizes. When Lafitte was informed of the theft, he took up the quarrel, and when Marotte gave him an impertinent answer, a challenge passed between them. The two were preparing for a duel, when Marotte confessed the theft. Lafitte so far pardoned him as to spare his life, but expelled him from the island, thus illustrating the honor among that class of men. On another occasion, the crew of the " Pride " were preparing for a mutiny. Lafitte, who was surrounded with inform- ers, was notified of the intended mutiny, and was so thoroughly prepared, that at the first sign of an outbreak, he killed five or six of the men, and reduced the others to subjection. . In 1819, James Gaines visited the island in the interest of General Long, in the hope of enlisting the co-operation of the pirate-chief in Long's expedition ; but Lafitte, warned by the fate of Mina and Perry, while he expressed a sympathy with Long, did not join his enterprise. It was while Gaines was on the island that the battle of the " Three Trees " was fought. Some of Lafitte's men had taken forcible possession of a Caranchua squaw, and the Indians, for revenge, killed some of the buccaneers. It was said a party of 300 of them were encamped near the Three Trees. Lafitte marched against them with two pieces of artillery and 200 men. Fighting continued for two or three days, when the Indians, after suffering severe 10 136 HISTORY OF TEXAS. loss, abandoned the island. While Gaines was enjoying the generous hospitality of the island chief, some rich Spanish prizes were brought into j^ort, and the " doub- loons were as plentiful as biscuits." As an illustration of how little was known of the location of Galveston island, we may state that Long had also dispatched Randal Jones to intercede with Lafitte. But Jones went via the Brazos River, supposing that the island was at the mouth of that stream. Jones was at the mouth of the Navasot, prepar- ing to descend, when the party was attacked by the Mex- icans. Lafitte's men, in spite of his remonstrances, dep- redated upon the commerce of the United States, and that government sent Lieutenant Kearney with the brig Enter- prise, to break up the piratical establishment. Lafitte remonstrated ; but when he found that Kearney was in earnest, he discharged most of his men ; and taking Lieutenant Cochran and about sixty men on the Pride, he bade a final adieu to the coast. Lafitte died at Sisal, Yucatan, in 1824. Cochran afterwards entered the Mexican navy, and rose to the rank of Commodore. Long's Expedition. — Dr. James Long was a native of Tennessee ; in 1812, was a surgeon in Jackson's army ; after the close of the war, married Miss Jane Wilkinson, resigned his position in the army and became a planter. In 1819, he was active in getting up a public meeting in Natchez, for revolutionizing Texas and Americanizing the province, and subscribed liberally to the scheme. It was then expected that Gen. Adair, of Kentucky, would lead the expedition ; but that gentleman declined, and Long was selected as commander. With seventy-five men, Long left Natchez, June 17th. Recruits continued to arrive, so that by the time he reached Nacogdoches, Long found himself at the head of about three hundred men. At that place he organized what he called a legis- long's expedition. 137 lative council, consisting of Horatio Bigelow, (who started a newspaper, the first in Texas), Hamlin Cook, Stephen Barker, Jno. Sibley, Samuel Davenport, John C. Burnett, J. Child, (afterward on the Supreme Bench in Missis- sijopi), Bernardo Gutierres, and Pedro Procillo. The independence of the country was proclaimed, and steps taken to survey and dispose of the public lands. During the month of July, Mrs. Long reached Nacogdoches, having left her two children with her sister, Mrs. Calvitt, at Alexandria, (the youngest child died soon after having been left). Mrs. Long traveled on horseback, in company with Randal Jones. General Long, evidently, did not anticipate serious 'Opposition on the part of the Sj^anish authorities. He wished to occupy a large scope of country, and hoped to establish an extensive and lucrative trade. With this view, he scattered his small force from Red river to Gal- veston bay, entirely too much for mutual support. On the 20th of July, Major Cook was sent to Pecan Point, to secure the co-operation of the citizens. Maj. Smith, who entered the country by water, was stationed with forty men at the Coshattie village, on the Trinity river. David Long, with another company, was sent to the Robinson crossing of the Trinity ; Captain Johnson, to the falls of the Brazos, and Captain Walker to the mouth of the Navasoto river at Washington. Long deemed it of great importance to secure the assistance of Lafitte, and sent first James Gaines to Galveston, and then started for the same place himself. When he reached the Coshattie village, he heard of the approach of the Spanish army, under Colonel Perez, and at once dispatched couriers to the various companies, to concentrate at that point. His wife also sent him w^ord that, owing to the drunkenness of Major Cook, who had 138 HISTORY OF TEXAS. returned from Pecan Point and assumed command, the soldiers at Nacogdoches were very much demoralized. It was now too late to remedy the blunder of scattering his small force. On the 11th of October, Caj^tain John- son was surprised at the falls of the Brazos, and himself and ten of his men captured. The Mexicans reached the mouth of the Navasoto on the 15th, when Walker, with his small company, hastily retreated towards the Coshat- tie village, leaving their baggage to the enemy. The fort on the Trinity was next attacked, and David Long, brother of the General, was killed, When news of these disasters reach Nacogdoches, a panic seized the popula- tion, and all fled towards the Sabine for safety. Long reached the place just after it had been evacuated. He had sent word to his wife to retire to the house of a mutual * friend for safety. When the General reached the house he found it deserted. Fortunately, both himself and wife safely reached the American side of the Sabine. The party at the Coshattie village retreated down the Trinity in boats to Bolivar Point. Long, undaunted in spirit, hastened through the swamps, recrossed the Sabine, and joined his few remain- ing followers at Bolivar Point. To secure assistance, in an open boat he made his way along the coast to New Orleans. There he met with encouragement from General Ripley and other old friends. He also met Pelacios and Milam, who were preparing for a descent upon Vera Cruz. Having secured some recruits and munitions of war, he returned to the Texas coast, reaching Galveston the very day that Lafitte, in his favorite ship, the Pride, sailed out of the harbor for the last time. Gen. Long's- object was the occupancy of Texas, and the establishment of a government over the country. He did not contem- plate an invasion of the country west of the Nueces,, which was then the western boundary of the province. REPUBLIC OF MEXICO. 139 Long's first object was the capture of Goliad, so that he could have some claim to the control of the country. During the summer of 1821, with fifty-two men, in an open boat of Captain Williams, and with two pirogues, he started down the coast, towards Goliad. * Long landed at Muskeet Point, and on approaching Goliad, the small garrison retired, and he took peaceable possession. In the meantime, Mexico had revolutionized and become Republican ; and three days after Long took possession of the town, three hundred cavalry, belonging to the Republic of Mexico, appeared at the place. It seemed incongruous to fight, and Long w^as persuaded to lay down his arms, and enter into peaceable relations with the new comers. After being disarmed, Long's men were treated very much like prisoners of war. The General w^as sent forward, under a guard, to Laredo, where his soldiers, after a few weeks, joined him. At Monterey, they were kept eight months, when Long was again sent forward and his companions saw no more of him. After reaching the city of Mexico, at the solicitation of Joel R. Poinsett, American Minister, Long was liberated. A few days afterward, when stepping into an office to transact some business, he w^as shot dead by a soldier. The motive for this act of barbarity has never been disclosed. Some, without any sufficient apparent grounds, have surmised that Pelacios, dreading the influence of Long in Texas, where he was to be the Governor, had the brave General put out of the way. After Long had left his men, they were sent to Saltillo, where they were joined by Milam, who had been betrayed and arrested by Pelacios. When they reached the city of Mexico, they were first drafted *Yoaknm gives Lon^ a much lars^er force; but the numbers here put down were furnished by John M'ilenry, one of the party, -vrho still lives in Victoria county. 140 HISTORY OF TEXAS. into the Republican army, but afterward, at the solicita- tion of Mr. Poinsett, released and sent to J^orfolk, Yirginia, in the United States ship John Adams. Mrs. Long had been left at Bolivar Point, with her child and a negro girl, with a few men to guard the fort. The men became impatient at Long's delay ; their stock of provisions was low, and they threatened to leave the heroic woman in her lonely fort on the beach. She remon- strated : " You may all leave me," said she, " but I will never go from hence. My husband said he would soon return. If I die, he will at least see my bones, and know that I, at least, was faithful to him." In spite of this pathetic appeal, her guard left her with her child and negress. Her provisions gave out and she suffered intensely during the winter of 1821-22. To add to her critical situation, during this trying time, another child was born, which, however, did not live long. When the Caranchuas threatened to attack her fort, she fired the cannon and kept them off. In the spring of 1822 a ves- sel, having some of Austin's colonists, entered the harbor of Galveston. From them she learned the sad fate of her husband. Subsequently, she kept a hotel in Brazoria.. From that point she went to Richmond, and opened a plantation on which she still lives. For more than sixty years she has borne the name of her cherished and honored husband, and will carry it to the grave. Conclusion of this Period. — We have now reached the close of the period of Spanish domination in Texas. As in all the provinces of Spanish America, the govern- ment was strictly personal, and liberal or despotic, as the whim or caprice of the commanding officers might dictate. The highest military officer, next to the viceroy, was the intendant. Texas was at the beginning of the present NAMES OF GOVEENOKS. 141 century attached to the intendancy of San Luis Potosi. This officer was also called the commander of the eastern internal provinces. His headquarters were at San Luis Potosi, Monterey, or at Monclova. In 1801-11, Nemicio Salcedo was the commander. From 1812 to the close of the period, Joaquin Arredondo. From 1691 to 1725, Texas was united with Coahuila and the following persons filled the office of governor : 1691, Domingo Teran; 1714, DonGaspardo de Anaya; 1718, Don Martin De'Alarconne ; 1720, Marquis of San Miguel de Aguayo ; 1723, Fernando Perez de Almazan. After this, Texas had a separate G-overnor, whose head- quarters were at San Antonio. In 1725, Melchior de Madiavilia y Arcona, was governor ; 1731, Juan Antonio Bustillos y Cavallos ; 1734, Manuel de Sandoval ; 1736, Carlos de Franquis ; 1738, Prudencia de Oribio de Bas- terra ; 1740, Justo Boneo ; 1756, Jacinto de Barrios y Jaurequi; 1762, Antonio de Martos y JS'avarrete; 1770, Juan Maria, Baron de Riperda; 1778, Domingo Cabello ; Rafael Pacheco ; 1790, Manuel Munoz ; 1803, Juan Bautista el Guazabel ; 1806, Antonio Cordero ; 1810, Manuel de Salcedo ; 1813, Christoval Dominguez ; 1818, Antonio Martinez. THE OLD CONCEPCION MISSION, NEAR SAN ANTONIO. PART III. Colonization UNDER Mexican Domination, FROM 1820 TO 1834. CHAPTER I. MEXICO BECOMES A REPUBLIC — PLAN OF IGUALA — MEXICO GAINS AN INDISPUTA- BLE TITLE TO TEXAS, IN 1819 — COLONIZATION SCHEMES — KEENE — OWEN — MOSES AUSTIN OBTAINS A CONTRACT— DIES — STEPHEN F. AUSTIN SELECTS A LOCA- TION IN TEXAS FOR HIS COLONY— AUSTIN AIDED BY HAWKINS— SCHOONER LIVELY LOST — AUSTIN IN THE CITY OF MEXICO. WE do not propose to take our readers into the laby- rinths of Mexican politics, or even to record the oft-recurring revolutions of that unhappy country. But Texas was under Mexican domination, and of course was more or less affected by all the changes of government ; and this was the period in which Mexico threw off her depend- ence upon Spain and took her position among the indej^end- ent nations of the earth. Hidalgo was the first to unfurl the Republican banner in Mexico. This was in 1812 ; and though he failed, Morelos and others kept up the organiza- tion of a party, struggling for deliverance from the Spanish yoke. Spain herself was now j^assing through the trying ordeal of a change of dynasty, and the Republicans thought it a favorable moment to strike for Mexican independence. Fortunately, Agustin Iturbide, the ablest of the loyalist gen- erals, gave in his adhesion to the movement. At the sugges- tion of Iturbide, a conference was held with Guerrero and other Republican leaders at Iguala, a small town about sixty miles from Mexico, on the road to Acapulco. The result of this interview was " the Plan of Iguala," proclaimed Feb- ruary 24, 1821. This plan was somewhat modified after the arrival of O'Donohue, the newly-appointed Viceroy, 148 HISTORY OF TEXAS. but in fact, the Plan of Iguala terminated the Spanish dominion in Mexico. Another change favorable to the settlement of Texas had taken place. For more than a century the country had been in dispute, claimed by both France and Spain ; and after France sold Louisiana to the United States, that government had revived the claim of France. The United States also wanted Florida. The ministers plenipotentiary of the countries met. Spain was represented by De Onis, and the United States by John Quincy Adams. A treaty w^as entered into February 22, 1819, by which Spain sold Florida to the United States, and the latter relinquished all claim to Texas. When the United States achieved her independence, she proffered a home to immigrants from all parts of the world. Her unexampled prosperity had its influence upon her southern neighbors. Even before the independence of Mexico, her rulers began to entertain projects for the colon- ization of unsettled portions of the country. To Edmund Keene, the English statesman, was given the right to settle with colonists 21,000 square leagues of the best land in Texas. This project failed. The next to apply for a colo- niEation grant was Robert Owen, the Socialist and Com- munist, who wished, in this wilderness, to test the practi- cability of his Socialistic system. But as none but Roman Catholics were tolerated in Spanish America, this application was, of course, unsuccessful ; and 'New Harmony, Indiana, witnessed the failure of Owen's exper- iment. The survivors of the ill-fated expeditions of Magee and Long had given glowing descriptions of Texas ; and the liberal disposition of the Mexican authorities made it a favorable time for planting colonies of Anglo-Americans in this inviting field. Moses Austin, a citizen of Missouri, who had moved into that country when it belonged to Spain, resolved to become the founder of a Texas colony. To PROJECTS FOR COLONIZATION. 149 make the necessary preparations, he visited San Antonio, the capital of the province. He was at first coldly received by Governor Martinez, and even ordered to leave the j)rovince under pain of arrest. While crossing the plaza, after leaving the governor's office, Austin fortunately met Baron de Bastrop, with whom he had previously formed an acquaintance. Bastrop, who was one of the Alcaldes of the municipality, at once espoused the cause of Austin ; and through his influence, the governor was induced to give the colonial project his sanction. With the aid of De Bas- trop, Austin succeeded in getting the signatures of all the officials of the city to his application, which was forwarded to Arrendondo, the commander of the eastern internal provinces. Not doubting the success of his application, Austin returned to Missouri to make arrangements to introduce his colonists. He was much exposed, and suffered many hardships in his return journey ; he reached home in feeble health, and soon afterward died, leaving an injunc- tion for his son, Stephen Fuller Austin, to carry forward his plans. While the elder Austin was in Mexico, his son Stephen was in New Orleans, maturing plans for co-operation with his father in his Texas scheme. Arredondo readily gave his assent to the colonial project of Austin, and Messrs. Veramendi and Seguin, two prominent citizens of San Antonio, were appointed commissioners to meet Austin at Natchitoches, and introduce him into his future colony. Stephen Austin, having heard, at New Orleans, of the arrival of these commissioners in East Texas, started to meet them. On his way he heard of the death of his father, and that the whole enterprise now rested upon him- self. The commissioners had no hesitation in recognizing the authority of the younger Austin, who at once prepared to enter the province. It was late in the summer when, they reached San Antonio. Austin was cordially received 150 HISTORY OF TEXAS. by Grovernor Martinez, and his gentlemanly manners made a most favorable impression upon all the officers in the city. After inspecting the country, he selected for occupancy the rich lands of the Colorado and Brazos rivers, and returned to Louisiana to bring in his first colonists. On reaching JSTew Orleans he secured some pecuniary assistance from Joseph H. Hawkins, Esq., a former schoolmate at Transyl- vania University. The schooner Lively was purchased, and laden with supplies for the Texas colony. She sailed from New Orleans, for the mouth of the Colorado River, November 20th, 1821, and was never heard of afterward. On the day the Lively sailed from New Orleans, Austin started by land for Texas. At Nacogdoches he was joined by ten companions, and the party reached the bank of the Brazos December 31st. The next morning they crossed over, and named the stream found on the west side of the river, New Year's Creek. As Austin passed through Nacogdoches, he left some blank permits for colon- ists, and an agent to fill up the blanks. There were some conditions in "this first contract not incorporated in the subsequent laws. The colonists must profess the Roman Catholic faith ; must be citizens of Louisiana; must take an oath of allegiance to Ferdinand VII, and pledge themselves to protect and defend the institutions of the Spanish mon- archy ; and must bring certificates of good moral character. The printed form before us was granted to the Grates family, and is the property of the venerable Amos Gates, of Washington county. It bears date Nacogdoches, December 27, 1821, and was signed by Austin " as civil and military commander of the colony forming on the Brazos and Colorado rivers, in the province of Texas, under the government of New Spain." In this permit it is stated that each man shall receive 640 acres of land ; his wife 320 ; and €ach child 160 acres. To the master was given eighty acres for each slave introduced. Austin was to incur all the PERILOUS JOURNEY. ' 151 expense of procuring a patent, and the colonists were to pay him twelve and a half cents an acre for their land.* Austin hastened to the coast to meet the Lively. For three months he waited and watched, but hearing no tidings of 'the vessel, he finally gave it up for lost, and with his brother, John Brown Austin, he went to San Antonio. There he learned that it would be necessary for him to visit the city of Mexico, to secure the sanction of the newly inaug- urated Republican Grovernment. Though he had made no preparation for such a trip, he committed the management of his colony to Josiah H. Bell, and started upon the long and perilous journey. * This pay for land refers only to the first colonists. Under subsequent contracts the colonists themselves paid the Government dues, and the empres- ario received his pay in premium lands. It was a section of land — 640 acres, that Austin petitioned for, for each family. The commandant misunderstood him, thinking he wished a sitio, an amount equal to a small county. He told Austin that that was too much; but he would give each one a league, and the impresario of course agreed to that proposition, as it was so much better than he had asked ; but after all it was hard on the colonists. They could have paid twelve and a half cents an acre for a section of land, bi;t when it came to pay- ing that price for a league, it was more money than a poor man could readily commaud. CHAPTER II. COLONIZATION LAWS-LAW OP 1823-OF 1824-OP COAHUILA IN 1825, AN© AflAHf IN 1832— SAN FELIPE LAID OUT AND LAND OFFICE OPENED IN 1824— EDWARDS" GRAN> AND FREDONIAN TROUBLES AT NACOGDOCHES-THE EDWARDS CONTRACT AN. NULLED BY GOA'^ERNOR BLANCO. C(UCH was the unsettled state of Mexican affairs that it }^ became necessary for Austin to remain for a whole year at the capital, before a government sufficiently stable was formed for him to effect the object of his mission. In the meantime, he had thoroughly studied the language and institutions of the country, and formed the acquaintance of its leading citizens. He had given special attention to the subject of colonization ; and it is believed the laws enacted at that and subsequent periods on the subject, were drawn at his suggestion. As these colonization laws are of great interest, we give a synopsis of the more important ones. * 1. The Colonization Law of 1823, by the Mexican Empire. This guaranteed the protection of liberty, property, and civil rights to all foreigners professing the Roman Catholic apostolic religion. It prom- ised the distribution of the lands to them, recognizing the general right of any one to contract with the government for the introduction and settle- ment in the country of at least two hundred families. These contractors were called empresarios, and for the introduction and establishment of each two hundred families the empresario was entitled to receive from the gov- ernment a title to three haciendas and two labors of land; but he was obligated to populate and cultivate them within twelve years from the date of concession, under pain of losing all rights of property therein. The premium was never to exceed nine haciendas and six labors, and the pro- prietor was, at the end of twenty years, to alienate two-thirds of the land so acquired. The colonists themselves so introduced were entitled to— if *This sjTiopsis wae prepared for the Texas Almanac of 186S, by N. C. Raymond. CATHEDRAL DE SAN FERNANDO. COLONIZATION LAWS. 155 their occupation was that of farming — not less than one labor (177 7-10 acres ;) if engaged in the pursuit of stock-raising, not less than one silio (league, 4,488 English acres) of land. This quantity, however, might be augmented by the government itself, or by its authorities, if specially authorized/'agreeably to the conditions and circumstances of the colonists." There were a number of other provisions in the law by which the terms and conditions were liable to be varied, both as to the conti'actor and the colonist. 2. The National Colonization Law of 1824. This law made it the duty of the legislatux'es of the several Mexican States to form colonization laws, or regulations for their respective States, subject, however, to the paramount authority, the constitutional act, general constitution, and the regulations established by the act under consideration. By this law was forbidden the colonization of any lands within twenty leagues of the limits of any foreign nation, or within ten leagues of the coasts, without the j^^'^vious approbation of the general government. The general Congress was estopped until the year 1840 from prohibiting the entrance of any foreigner as a colonist, "unless imperious circumstances should require it, with respect to the individuals of a particular nation." Mexican citizens as emj^resarios were preferred in the distribution of lauds. We insert Article 12 in full: *' It shall not be pei*mitted to unite in the same hands with the right of property more than one league square of land suitable for irrigation, four square leagues in superficies of arable land without the facilities of irri- gation, and six square leagues in superficies of grazing land." Here is the origin of what are commonly knowii in Texas as the eleven league claims. This law "guarantees the contracts whtch the empresarios make with the families which they bring at their own expense, provided they are not contrary to the laws." In accordance with this law and the subsequent laws passed under its authority, the territories of Mexico, — Texas being then an Integral j)art — were colonized. 3. The Colonization Law of Coahuila ajd Texas of 1825. We introduce the preamble of this law in order to show more fully the animus of its enactment' " Decree No. 16. The Constituent Congress of the free, independent and sovereign State of Coahuila and Texas, desiring by every possible means to augment the population of its territory, promote the cultivation of its fertile lands, the raising and multiplication of stock, and the progress of the arts and connncrce ; and being governed by the constitutional act, the federal constitution, and the basis established by the national decree of the general Congress No. 72, (the national colonization law of 1824,) have thought proper to deci'ee the following law of colonization." This law invited all foreigners who had come to any of the Mexican territories under the law of 1824, to settle in Coahuila and Texas, and pre- scribed the manner in which thoy, or those then within the State, should avail themselves of the opportunity presented of acquiring laud under the 11 156 HISTORY OF TEXAS. law. The empresario conti*acts authorized by the national decree No. 72 were recognized as well as its other provisions ; the inchoate rights accruing under it being more particularly regulated by immaterial conditions and prescriptions of fcrm in their perfection. The settlers were required as an acknowledgment to " pay to the State for each sitio of pasture land thirty dollars, two dollars and a half for each labor without the facility of irriga- tion, and three dollars and a half for each one that can be irrigated, and so on proportionably, according to the quantity and quality of the land dis- tributed." Here is the origin of the payment of what is commonly known as " government dues," which is still required by the State of Texas upon a certain class of land certificates. We introduce articles 45 and 46 o*' this law by way of incidental infor- mation upon two other subjects : Art. 45. The government, in accord with the respective ordinary eccle- siastics, will take care to provide the new settlements with the competent number of pastors, and, in accord with the same authority, shall propose to the Legislature for its approbation the salary which the said pastors are to receive, which shall be i:)aid by the new settlers. Art. 46. The new settlers, as regards the introduction of slaves, shall subject themselves to the existing laws and those which may hereafter be established on the subject." Instructions were issued in 1827 by the executive department of the State of Coahuila and Texas, to the commissioners for the partition of lands among the colonists who had established, or who might establish themselves under this law. These instructions were merely directory as to the duty of the commissioners in their official capacity.* 4. The Colonization Law of 1832, passed by the Congress of Coa- huila AND 'Texas, which Repealed the Law of 1825. This law, without changing the policy which seems to have controlled the government in the acquisition of population through her schemes of colonization, prescribed more definitely than any previous law the manner * To the above we will add, that in the instructions to land commissioners, they were required to lay out towns on four league tracts, with water and timber to which all the population had access and an equal right — streets to be broad— to cross each other at right angles — and suitable plazas were designated, to be forever set apart to the public use for court-houses, churches, schools, etc. All mines, salt lakes, etc., were reserved from location, and were to be access- ible to the public luider certain restrictions. The wisdom of this is seen in tlie result of permitting the salt mines in El Paso County to become private prop- ert>'. Again, no one man could acquire a title to more than eleven leagues of jand, and before the expiration of twenty yeax's must alienate two-thirds of it. We have no restriction now, and as a result we read of cattle kings and qneeiis. fencing in royal domains. As an illustration : Forty-seven persons owiytwo- thirds of the land of Xneces County. "W. K(^nnedy owns 186. 2SG acres,' valued for taxation at §94,943; and Richard King owns 188,435, assessed at $130,127. INDUCEMENTS TO IMMIGRANTS. 157 ■of final consummation of rights to land in Texas, though the quantity o-ranted by it to the colonists was neither increased nor diminished, with the exception of the quantity to single men, who became entitled by its provisions to one-fourth of a league, (1,107 acres). There was no limitation as to the colonists. They might be introduced from any country, though the object seems to have been to settle Texas with Americans. The sale of lands to 3fexicans was authorized in quantities not to exceed eleven leagues, upon certain conditions, to-wit: The introduction of stock, the payment of part of the valuation into the treasury, etc., etc. The price varied from fifteen dollars to two hundred dollars per league. All rights to land in Texas previous to the declaration of her independ- ence in March, 1836, were therefore acquired under the authority of these statutory enactments, or by virtue of the authority of the Spanish Govern- ment before the independence of Mexico, or by authority of the Mexican Government afterward, each exercising the right of eminent domain. As an inducement to immigrants, a provision was inserted in the law, exempting all colonists from taxes, tithes, etc., for six years. In Austin's jDermit, as we have seen, masters were encouraged to bring their slaves ; but in acts of subsequent legislation slavery was discouraged, the sale of slaves prohibited in the province, and all children of .slave parents declared free at fourteen years of age. Notwithstanding Austin's long absence from Texas, his colony continue^:! to fill up, though there were some fears that he would fail with the new government. As a prelim- iniiry measure, Austin had opened a farm on Red river, w^here a large amount of provisions were raised for his colonists on their way to the Brazos. A good many who had started for the colony, stopj)ed on Red river until they should learn the result of his mission to the city of Mexico. When that was announced, these families hurried forward. His first contract for three hundred w^as soon filled. Finally Austin succeeded in placing the colonization laws in such a shape that he could safely return to his colony. On his way back he, at Monterey, met a most flattering reception from General Le Garcia, commander of the eastern internal provinces. Le Garcia directed him to lay out a town for the residence of the public officials, and to call it San Felipe de Austin. What was still more import- 158 HISTORY OF TEXAS. ant for the interests of the rising colony, Baron de Bastrop was appointed commissioner to issue titles to the immi- grants. The town was laid out and the land office opened in July, 1824. Owing to the rambling disj)osition of the colonists, they had scattered from the San Jacinto on the east, to the JNTavidad on the west, and from the gulf coast up to the old San Antonio and Nacogdoches road. Ferries had been established at the principal crossings of the rivers, farms opened, stores accumulated, and the colonists were becoming comfortably fixed to live. Edwards' Grant. — In Mexico Austin met a number of gentlemen seeking empresario contracts ; and among them General James Wilkinson and Hayden Edwards. Owing to jDrevious transactions wath the Spanish authorities, they were a little reluctant to grant the request of the former commander on the Sabine, but Mr. Edwards was a man of culture and wealth, and readily obtained his request. His grant was under the general colonization law, which Austin had succeeded in getting through Congress. Edwards^ contract was for eight hundred families, to be settled in the neighborhood of Nacogdoches. It bore date Aj^ril 18, 1825. The location proved exceedingl}^ unfortunate. Nacogdoches had been settled a long time by a roving and migratory class of people, some of whom had obtained an unenviable notoriety as " heroes " of the neutral ground. There, too, a prejudice had grown up between the Anglo- American and Mexican citizens. When the families introduced by Edwards selected their headright land and commenced improving, some older claimant would appear and lay claim to his home. The courts were ajipealed to, but the Alcaldes had been elected by Mexican voters, and invariably decided in favor of their constituents. Indeed, the first serious ditficulty grew out of an election for Alcalde. Chaplin, the son-in-law of Edwards, received the largest number of votes, but Xorris, the candidate voted for by the Mexicans, was counted in. Some Mexicans of Edward's grant. 159 very disreputable character, were engaged in forging old land titles. Of this Edwards complained to the political chief, Saucedo, but he obtained no satisfaction. We give an instance from Yoakum : " Before Edwards had made his contract, a man by the name of Tramel had emigrated from Pecan Point to ]S"acogdoches. After he had reached the latter place, he learned from the Alcalde that that functionary had received orders from Governor Trespela- cios to place some one at the crossing of the Trinity to keep a ferry on the old San Antonio road. Tramel agreed to occupy the post, and with the order of the Alcalde, removed to the ferry and settled himself. He subsequently sold out to another person, who still kept up the ferry. Ignatius Sertuche, a Mexican, and the only surviving inhabitant of the old town of Spanish Bluff, below the old ferry, was starving, together with his family. The occupant of the ferry invited him to move up to the crossing, and he would supply his family with food. Sertuche, finding the situa- tion pleasant and profitable, managed to dispossess the occupant. The facts being made known to Edwards, he took steps to repossess the true occupant. This was all repeated to the political chief, and Sertuche was again placed at the ferry. The only reason given by Saucedo for this arbitrary act w^as, that Sertuche was a Mexican, and entitled to the preference." Yoakum adds: " In several other instances, these invidious distinctions were made, and Americans who had come into the country and wrought improvements, were compelled to give place to Mexican favorites of Sepulvida and JN'orris, the Alcaldes during the years 1825-26." " The Americans," says Foote, who was an intimate friend of Edwards, "were dispossessed of their homes, fined and imprisoned." During the summer of 1826, Hayden Edwards visited the United States to bring on more colonists. In his absence his brother, Benj. F. Edwards, had charge of the colony. Learning that serious charges had been forwarded 160 HISTORY OF TEXAS. to Governor Blanco, aifecting his brother, Benjamiiv Edwards wrote to the Governor, denouncing the charges i^v j^retty severe terms. In answer to this epistle, Blanco, o?v the 20th of October, sent a reply of which the following is a translation of the concluding paragraph : "In view o\' such proceedings, by which the conduct of Hayden Edwards is well attested, / /lave decreed the annidment of his contracty and his expidsion from the territory of the Republic, in discharge of the supreme orders with which I am invested. He has lost the confidence of the Government, which is- suspicious of his fidelity ; besides it is not prudent to admit, those who begin by dictating law^s as sovereigns. If to you or your constituent, these measures are unwelcome nd prejudicial, you can apply to the Suj)reme Government;, but you will first evacuate the country, both yourself and Havden Edwards ; for which j^urj^ose I this day repeat my orders to that dei^artment — in the execution of which, as they w^ill expel all evil-doers, so they will extend full protec- tion to those of worth, probity and useful skill, that have settled therein, and are submissive to the laws and consti tuted authorities." This is signed Blanco, and certified by Juan Antonio Padilla, Secretary of State. When this executive decree reached Nacogdoches,, Havden Edwards had returned. He had expended several thousand dollars in bringing colonists to the country, and of course felt chagrined at this arbitrary and illegal proceeding. Some of his colonists, too, had expended considerable sums in rendering their homes comfortable And notwithstanding the statement in the decree, that citizens would be protected in their rights, the old Mexicans trumped up claims to all the improved lands ; and Norris, the Alcalde, issued orders to put them in possession, while James Gaines, his father-in-law, had organized a company of re<^'ulators to enforce their fraudulent claims. The Indians also, who had settled in the neighborhood,, under the provisions of the colonization law, were dissatis- THE FREDONIANS. 161 iied, as no provision had been made to give them titles to their hind. The most influential chiefs of these tribes were Richard Fields and John Dunn Hunter, both half- breeds. Under the excitement of the moment, the Edwards party entered into a league with the dissatisfied Indians, forming an alliance offensive and defensive. They first declared their independence of the United Mexican Nation, and next divided the territory of Texas between them, giving the Indians in the country, and to enter the territory, all the country north of a point a little above Nacogdoches, and westward to the Rio Grande; and the whites, the coast of Texas. Slavery was to be established in both. This was duly signed on the 20th of December. The follow- ing names were appended to this declaration : Hayden Edwards and Harmon B. Mayo, on the part of the Amer- icans, and Richard Fields and John Dunn Hunter, on the part of the Indians. The allied parties assumed the name of Fredonians^ and proceeded at once to organize a legisla- tive committee, composed of the following members: Americans — Martin Parmer, President ; Hayden Edwards, F. B. Ligon, John Sprow, B. F. Thompson, Joseph A. Huber, B. W. Edwards and H. B. Mayo. Indians — Richard Fields, John Dunn Hunter, Ne-Ko-Lake, John Bags and Kurtoke. Learning that Col. Bean, the Mexican Indian agent, at Fort Teran, was preparing to resist their movements, the Fredonians took posession of the old stone house at JSTacogdoches. Bean, however, awaited the arrival of reinforcements from San Antonio. One of the first acts of the legislative body was to depose the Alcalde Norris. Norris hastily collected a few friends, and on the 4th of January, 1827, entered the town and took a position behind some other buildings. Here they were attacked by about twenty Americans and Indians from the fort, and driven off, with a loss of one killed and several wounded After this action, B. W. Edwards was elected commander of the Fredonians. 162 HISTORY OF TEXAS. The Fredonians had miscalculated the spirit of Austin's colonists. They exj^ected, from them, a hearty co-operation. In this, they were sadly disappointed. Again, they had been deceived as to the feelings among the Indians. True, Fields and Hunter were faithful to their treaty, but Bean had detached the great body of the tribe from the alliance, and the result was, that both the faithful half- breeds were assassinated by the Indians whose welfare they were laboring to promote. When news of the organization of the Edwards party reached Bexar, Saucedo dispatched Colonel Mateo Ahumada with 200 soldiers, to suppress the insurrectionists. At San Felipe he was reinforced by a company of Austin's colonists. Seeing the hopelessness of maintaining the Fredonian cause against such odds, Major Edwards and his party retired across the Sabine. Ahumada, on reaching Nacogdoches, took possession of the place, and captured a few of Edwards' partizans. It was fortunate for them, that Colonel Austin was along ; other- wise they would have shared the usual fate of prisoners, captured by the Mexican soldiers. As it was, they were at Austin's solicitation released. This clemency, so unexj^ected, brought to Ahumada a letter from B. W. Edwards, of which the following is an extract : " Your kind, your friendly and generous deportment towards my fi'iends 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." (See sketches of Edwards, Fields, Hunter, etc.)* BOWEN'S BEND. SAN ANTONIO RIVER. CHAPTER III. OTHER CONTRACTS— THORN— LEFTWICH—DE WITT— DE LEON— AUSTIN'S SECOND CON- TRACT, AND OTHERS FROM 1825 TO 1830— SETTLKMENT ON RED RIVER— IN THE SOUTH-EAST— GALVESTON BAY COMPANY— IN THE SOUTH-WEST. /TV HE prosperity of Austin's colony, and the favorable -A. provisions of the general colonization law, induced a number of persons to apply for empresario grants. On the 15th of April, 1824, three applications were filed for con- tracts. Frost Thorn proposed to introduce 400 families ; Robert Leftwich, 800 ; and Green DeWitt, 400. And on the 27th of April, S. F. Austin took an additional contract for the introduction of 500 families. October 6th, Martin DeLeon took a contract for forty-one families. In 1826 — January 12th, Benjamin R. Milam took a con- tract for 200 families ; March 9th, Arthur G. Wabell took a contract for 400 families ; May 27th, Stephen J. Wilson for 200 ; December 22d, Joseph Vehelin & Co., for 300 ; December 22d, David G. Burnet, for 300. 1826 — November 14th, John L. Woodbury, for 200. 1827— May 21st, John Cameron took a contract for 100 families; and on the 20th of November, S. F. Austin added 100 families to his j^revious contracts. 1828. — February 9th, John Cameron took a second contract for 299 families ; February 23d, Exter & Wilson, for 100 families; November 17th, Joseph Vehelin & Co., for 100 additional families. 1829— February 6th, John Dominguez, for 200 families ; March 12th, Lorenzo de Zavalla for 500 families ; and April 30th, Martin DeLeon for 150 additional. 166 HISTORY OF TEXAS. In 1830, Thomas J. Chambers and J. A. PadiHa took a contract, February 12th, for introducing 800 families. The granting of so many contracts proves conclusively that the legally constituted authorities were anxious to see Texas settled. The boundaries of these grants were not very accurately defined ; and some of the empresarios failed to even make an effort to introduce their quota of immi- grants. Austin, alone, succeeded in nearly filling all his contracts, introducing more families than all the other empresarios. His later contracts authorized him to settle a colony above the old San Antonio road, on the east side of the Colorado River ; and also on the littoral coast leagues^ that had been previously reserved from location. The Leftwich grant was also in the jurisdiction of the Brazo& department. Leftwich had brought out a few families, when he returned to Tennessee to make arrangements to complete his work, where he died. A company called the Xashville Company was organized, and Sterling C. Roberston and Alexander Thomson came out with some families to settle the colony. Robertson had difficulty with some of the Mexican officials at Nacogdoches, and in 1831, the authori- ties revoked the privileges of the Nashville Company, and the same territory was assigned to Austin & Williams. Mr. Robertson, visited Saltillo in 1834 and procured a renewal of his contract, and was successful in settling his colony. (See Robertson, S. C.) There were three contracts in the upper part of the juris- diction of Nacogdoches : Filisolas', Milam's and Wabell's. Milam, in conjunction with Wabell, introduced a number of families who became permanent settlers, on the south side of Red River. The Federal Congress had given him a headright league, which in consequence of his invaluable services to the Republican cause had been increased to eleven leagues. Milam located his land, and started a ranch, but unfortunately he went too far to the east, and when the boundary line was run, found his land in Miller county^ WALL STREET SPECULATION. 167 Arkansas. He abandoned that location for one farther west. Higher up on Red River, and outside of any regular jurisdiction, were the grants of Cameron, Exter & Wilson and Woodbury. At an early period one of these English companies sent a party of surveyors across from Santa Fe,, to survey and sectionize the land preparatory to settlement. The party established an initial point on the Brazos River,, and started north, surveying and marking off the land on each side of their ba^e line. But the Indians were found hostile, and when the surveyors reached the Canadian River and the Wichita Mountains, they were finally driven off, and the colonists never came to occupy the land. The contracts of Burnet, Vehelin, and Zavalla, in the lower part of the municipality of Nacogdoches, passed into- the hands of some ]N"ew York capitalists, who, in the lan- guage of Burnet, converted it into a Wall-street speculation. It is possible the purchasers did not fully understand the privileges and restrictions of empresarios. At any rate they formed " the Galveston Bay Company," and issued scrip for 6,210,300 acres of land. The scrip was worthless in Texas, where every immigrant was entitled to a league of land ; but in N'ew York it sold for from one to two cents an acre. It is said this company expended $50,000 in preparations to settle their colony. They selected the town of Anahuac for their headquarters. When Bradburn become commander at Anahuac, and exercised his despotism, the population fled, and the bubble of the " Galveston Bay Company" exploded. Three of the grants were in the jurisdiction of Goliad : DeLeon's, Powers' and McMullin & McGloine's. ^^Ir. DeLeon was already in his colony, having established a ranch at Victoria, on the Guadalupe River. The colonists introduced by McMullin &MeGloine were mostly Irish, and settled on the Nueces River, forming the county of San Patricio. Powers introduced a few families on the bay of Copano. 168 HISTORY OF TEXAS. DeWitt's colony was in the Bexar jurisdiction. This grant was on the Gruadalupe River, and formed the nucleus of DeWitt and Gonzales counties. Milam's second grant was on the San Marcos River. Beale was interested with him, and the contract was sold to the Baring Brothers of London. The accompanying map will give a tolerably accurate idea of the location of the different colonies, the old thor- oughfares, the location of different towns, rivers, etc., and the three departments into which Texas was divided in 1834. Beside these colonies in the province of Texas, of which the Nueces was then the western boundary, in 1833-4, an English colony was attempted on a creek named Las Moras, and a village laid out, ominously named Dolores. The English immigrants, unused to a frontier life, did not long remain in the dolorous settlement. I 2 3 4 5 6 7 8 9 lO 1 1 12 13 Empresario Grants, Felisola's Grant. Burnet's ' ' Vehlin's " Zavalla's ' * Austin's Colony. Robertson's Grant. S. F, Austin's ' ' Milam's " DeWitt ' ' DeLeon's ' ' Bexar District McMullin & McGloire's Grant Power's ' ' Pecan Pt. CHAPTER IV. CIVIL ADMINISTRATION — GOVERNORS — LAND COMMISSIONERS — ALCALDES' DISTRICTS — AYUNTAMIENTOS— POLITICAL CHIEFS OF DKPARTMENTS— STATE CONGRESS- REFLECTIONS ON COLONIZATION — ALMONTE IN THE PROVINCE — HIS REPflRT — DISTURBING ELEMENTS — TAXATION — SLAVERY — TEXAS COVETED BY THE UNITED STATES. ftAyIXG- given a list of the colonial grants, and brief notes of the progress of settlements, we will now turn our attention to the civil administration of the country. Under Mexican rule the government was personal. The Governor was appointed by, and responsible to, the federal executive ; still subordinate, however, to the military commander at Monterey. The following is a list of the Governors of the province : In 1822, Trespelacios ; 1823, Luciana Le Garcia. Up to this time Texas was a province by itself, and the Governor resided at San Antonio. By the Constitution of 1824, Texas was temporarily attached to Coahuila, and Saltillo became the capital. In 1825, Rafael Gonzales was Governor ; 1826, Victor Blanco ; 1828, Jose Maria Viesca ; 1831, Jose Maria Letona ; 1834, Francisco Vidauri y Villasenor. The military command- ers at Monterey were, in 1820, Anastasio Bustamente ; in 1822, Phillip Le Garcia ; 1830, Mier y Teran. In Austin's colony, the people enjoyed all their rights and privileges for a number of years, without molestation. For six years they were exempt from taxation ; the govern- ment gave them a liberal grant of land, and those dissatis- fied with their first locations were permitted to changed Austin exercised the functions of civil and militar}'- ruler, and up to 1828, those of Superior Judge. Samuel M. 170 HISTORY OF TEXAS. Williams, the secretary of the colony, and the various surveyors and the land commissioners aiforded to the colonists every facility for locating and securing titles to their land. Under the general colonization law, the land commis- sioner was an important functionary. He not only issued land titles, but established ferries, organized new Alcaldes' districts, and inducted the new officers ; laid out towns, and in conjunction with the empresario, exercised a general suj^er vision over the colonies. * Under Spanish rule, San Antonio, Nacogdoches and Goliad had enjoyed the rank of " Presidios," or county seats. In 1822, during Austin's absence in Mexico, two Alcaldes' districts, those of the Brazos and the Colorado, were formed in his colony. These had increased to seven in 1827. In 1828 all the Alcaldes in a municipality met three times a year and held a general court, called an Ayun- tamiento. Texas, from its great distance from Saltillo, was practically without a governor ; and on the first of February, 1826, the office of political chief was created and Manuel de Saucedo appointed to the office. The chief received a salary of ^800 a 3'ear ; and was invested with both civil and military power. He could, at will, suspend the functions of civil officers ; arrest persons suspected of treasonable designs ; and call out and command the militia. Saucedo was suc- ceeded by Ramon Musquis. In 1834, two " Departments " * The following were the principal Land Commissioners in the colonies : In Austin's colony in 1824, Baron de Bastrop ; 1828. Gasper Flores at Nacogdoches in 1829, Juan Antonio Padilla, and in 1832, Francisco Maderio.,;At a later peri- od, George W. Smyth. Before any connnissioner was appointed, the Alcaldes issued titles that the courts duly recognized ; and at a later period the Alcaldes atljbertygranted titles. Ferdinand De Leon was commissioner for De Leon's colony ; Jose Antonio Navarro for Bexar district, and for Milam's colony on the San Marcos Kiver; Jesus Vidauri for Power & Hewitson's colony ; Charles S. Taylor for Zavalla and Vehelin's colony; George A. Nixon, for Burnet's, and W^illiam H. Steele, for Robertson's colony. In Austin's later contracts, he was empowered to issue titles in the absence of a commissiouer. LAND COMMISSIONEES. 171 were formed, Bexar and ^N'acogdoches ; the line separating them was the dividing ridge between the San Jacinto and Trinity rivers. John ^^. Seguin was chief at Bexar, and Henry Ruiz at Nacogdoches. The next year the department of the Brazos was formed, and Henry Smit*h and James B. Miller were each for a time, political chiefs, at San Felipe. When three departments were formed, a law was enacted providing for a Supreme Court, and for a District Court in each department. Thomas J. Chambers was appointed judge of the former, but never organized his court. David G.Burnet, judge of the Brazos district, was the only one who ever held a court. During this period ^he law-making power was lodged in a representative body called the Congress of Coahuila and Texas. The members were not elected directly by the people, but by electors chosen for that purpose. Popular elections were always held on Sunday. To be eligible to a seat in Congress, the candidate, if not a native, must have resided eight years in the country ; and must have an income of $1,000, or be worth $8,000. By her population, Texas ought to have had four dele- gates in this body ; but the law gave her but two, and it is questionable if she ever had more than one member at a time. The action of Congress was frequently inimical to Texas, especially one of its last acts, a fraudulent sale of about four hundred leagues of Texas land. * Reflections on Texas Colonization. — The history of frontier expansion in the United States show^s that it is no easy task. In Texas the difficulties were very great. It was remote from other settlements — in a foreio-n countrv. with a government and institutions entirely different from those of the North ; and the country was pre-occupied by Indians. Considering all these circumstances, the success * The following were Texas members of this Congress : Baron De Bastroj). Jose Antonio Navarro, Erasmo Seguin, Stephen F. Austin, James B. Miller, Oliver Jones, and Jose Antonio Vasques. 172 HISTORY OF TEXAS. of Austin and others in introducing Anglo-American colon- ists, was wonderful. If we inquire into the grounds of this success, we shall find it in the character of the men. They were brave, hardy, industrious men, self-helpful and self-reliant. They asked no favors of the government, and that government let them severely alone. Their stout arms cultivated their farms and protected their homes from the incursions of the savages. Volumes might be written, detailing instances of individual bravery — of hardshijDS cheerfully endured by old and young, male and female colonists. In 1834, Santa Anna sent his trusted lieutenant, Almonte, to examine Texas and report upon its progress. This report furnishes the most reliatle data we have of the wealth and population at that time. Kennedy says of this report : ''The statistics of Almonte form the proudest testimonial to the labors of those feai'less and persevering- spirits who first rendered the golden-- glebe of Texas tributary to the enjoyments of civilized man." We give some extracts from Almonte's report : "In 1806 the department of Bexar contained two municipalities; San Antonio, with a population of 5,000 souls, and Goliad with 1,400 — total 6,400. In 1834 there were four municipalities, with the following population respectively : — San Antonio, 2,400 ; Goliad, 700 ; Victoria, 300 ; San Patricio, 600 — total 4,000. Deducting 600 for the municipality of San Patricio, an Irish settlement, the Mexican population had declined from 6,400 to 3,400 between 1806 and 1834. The department of the Brazos, (Austin's and De- Witt's colonies) have the following municipalities: San Felipe, 2.500; Columbia, 2,100; Matagorda, 1,400; Gonzales, 900; Mina, 1,100— total 8,000; 1,000 of whom are negroes." Let the reader observe that while the Mexican popula- tion of Bexar district had fallen off nearly one-half, the Anglo-American population had grown from nothing in 1820, to 7,000, exclusive of the negroes. " The department of Nacogdoches contains four municipalities and four towns. Nacogdoches has a population of 3,500; San Augustine, 2,500; Liberty, 1,000; Jonesburg. 2,000; the town of Anahuac, 50 ; Bevil, 140; Terau 10; Tenaha, 100— total 9,000, of whom 1,000 are negroes." SANTA ANNA. DISTUKBING ELEMENTS. 175 Afmonte estimates that the department of the Brazos had 25,000, and that of Nacogdoches 50,000 head of cattle. The amount of the whole trade of Texas for the year 1834, he estimates as follows : DEPARTMEKTS. IMPORTS. EXPORTS. TOTAL. Bexar 40,000 20,000 60,000 Brazos 325,(i00 275,000 600,000 Nacogdoches 265.000 205,000 470,000 Contraband trade by water.. 270,000 1,400,000 Mr. Almonte estimated the whole population in 1834, at 36,300 ; of whom 21,000 were civilized and 15,300 Indians. Of the latter, 10,800 were represented as hostile and 4,500 friendly. Mr. Kennedy suggests that Almonte's estimate was too low, and that the Anglo-American population at that time amounted to 30,000, exclusive of the negroes. DisTUKBiNG Elements.— One of the most difficult ques- tions to adjust between the government and its people is that of Taxation ; how the government is to be sustained with the least pressure upon the pockets of the people. Colonists entering Texas were permitted to introduce all family supplies, and agricultural and mechanical imple- ments free of duty, and for six years no taxes were to be paid. From the foundation of Austin's colony, up to 1830-31, Texas had been free from custom houses and tax collectors. This exemption of so large a portion of the State impoverished the treasury at Saltillo so that many offices remained vacant because there was no money to pay the salaries. Every available resource was resorted to to increase the revenue ; even the cock-pits were taxed for the support of the government. The Texans enjoyed their exemption and appreciated it. It is, perhaps, due to truth, to state that they were not anxious to see assessors and collectors of taxes. In 1828, Mr. Austin had advised the Ayuntamiento of San Felipe to assess a tax to build a jail ; but that body had refrained from exercising such an unwel- come authority. The period when many of the colonists rj 176 HISTORY OF TEXAS. were by law exempt from taxation had now expirect, and in 1830 the government took steps to collect taxes. This was not unreasonable, and the people would not have objected but for the means adopted to enforce the collec- tion. With the revenue officers came armed bands of soldiers, under officers clothed with dictatorial powers — powers which the liberty-loving Anglo-Americans dis- trusted. To collect reasonable, legitimate taxes, such troops were unnecessar3^ The subject of negro slavery furnished another irritating question. In his first contract, Austin was authorized to introduce slaves, and even to give their masters an addi- tional tract of land for each one so introduced. This, however, was contrary to the general j^olicy of Mexico, and the Constitution of Coahuila and Texas, promulgated March 11th, 1827, abolished slavery in the State. Through the influence of Austin, this was so far modified in its applica- tion to his colonists, that negroes were still introduced, under the name of Peons; the most of them having been passed through the custom-house at Xew Orleans, so that their masters, if they found it necessary to do so, could re- convey them to the United States. Almonte, who says these negroes were introduced under special arrangements, [Convenios particulares) estimates that in 1834 there were 2,000 in the province. There were probably twice that number. When Guerrero, in 1829, was invested with absolute }X)wer, he abolished slavery. The next year. President Bustemente prohibited the further introduction of slaves. These decrees did not set the negroes free, or arrest their introduction into the colony. Indeed, a few African negroes had been smuggled in. This induced the Convention of 1833 to pass a resolu- tion stron2:iy denouncino- the African slave trade. ^lany of Austin's colonists were from the Southern States of the American Union, and the more wealthy had brought their house servants and agricultural laborers with them ; and FUTILE ATTEMPTS TO PURCHASE. 177 they were exceedingly jealous of any interference with their domestic institutions. These irritating questions were not all on one side. The steps taken by the Fredonians at Nacogdoches had excited the suspicions of the Mexicans. Though they reposed unbounded confidence in Austin, they distrusted some of his colonists ; especially those who called and controlled public meetings, in which the measures of the government were freely commented on. Again, the United States had manifested an undue solic- itude to gain possession of our fair province. Although the treaty negotiated by John Quincy Adams and De Onis, in 1819, had conceded Texas to Spain, when Mr. Adams became President, in March, 1825, one of the first acts of his administration was, through Mr. Clay, Secretary of State, to instruct the American Minister in Mexico to pro- cure the re-transfer of Texas to the United States. Two years later this proposition was repeated, when Mr. Poin- sett was authorized to offer a million of dollars for the country as far as the Rio Grande, or a half million for that east of the Colorado river. These offers were rejected, and after General Jackson became President, Mr. Van Buren, Secretary of State, renewed them ; this time proffering four millions of dollars for the territory east of the dividing line between the waters of the Rio Grande and the Nueces. If that could not be obtained, a proportionate sum was to be offered for the territory east of the Lavaca, or Colorado, or the Brazos rivers. None of these offiers were for a moment entertained by the Mexican government. As most of the colonists in Texas were from the United States, the Mexicans were suspicious that they wished to return to their allegiance to that government, even if it required the transfer of the country which they had settled. CHAPTER y. bustembnte's famous decree— custom houses— garrisons established — bradburn's arbitrary proceedings at anahuac — the texans pronounce for santa anna and the constitution of 1824 — fight at velasco — at nacog- doches— peace prospects in 1832. IT was evidently the intention of Bustemente to thor- oughly Mexicanize the population of Texas. On the 6th of April, 1830, he issued a decree prohibiting any further immigration into Texas from the United States. This was followed by another, and still more odious one, directing that Mexican co?ivicts should be transported to Texas, thus virtually converting the province into a penal colony. Teran, an uncompromising centralist, was appointed commander of the eastern internal provinces. Custom houses were to be established at San Antonio, Nacogdoches, Copano, Velasco and Anahuac, at the head of Galveston Bay. To effect the complete subjugation of the colonists, about a thousand soldiers were sent to the province, and distributed at such points as their services might be needed. These soldiers were many of them discharged convicts, and enlisted vagabonds, and were to be supported by the money collected from customs, and by taxation. Their officers were of the same stripe with Bustemente and Teran, and were supposed to be willing to carry out the measures of their superiors. Piedras was the ranking officer, and had the largest force. He Avas at Nacogdoches, apparently, to prevent any further immigration from the United States ; and when Alexander Thomson arrived with a number of families for Robertson's colony, he interposed every obstacle in the way of the further progress of these families. Pie- AN INDIGNATION MEETING. 179 dras had 320 men ; Bradburn, at Anahuac, 150 ; Ugarte- chea, at Velasco, 120 ; Bean a still smaller force at Fort Teran, on the Neches ; and there were companies at San Antonio and Goliad. Bradbnrn was the first to manifest a directly hostile spirit. His arbitrary acts are thus summar- ized in a pamphlet published in 1832, by T. J. Chambers : " He introduced martial law for the citizens ; he took from them their proj)erty without their consent and without consideration ; he had many of them arrested and impris- oned in the fort of Anahuac ; and his troops, who were guilty of robbery and stealing, were by him protected from punishment." To specify a little more minutely, his arbitrary acts : He, in 1831, arrested Madero, the commis- sioner sent to issue land titles to the colonists on the Trinity. It was said Madero was giving titles to those prohibited from entering Texas by the decree of April 6th. Again, he abolished the municipality established by Madero at Liberty, in the midst of a population, and erected one at Anahuac, a town laid out by Teran, when he visited Texas in 1830. But Bradburn found it difficult to thwart the will of the people The officers he appointed to constitute the Ayunta- miento, left Anahuac, and sought refuge in Austin's colony. Again, by the joint act of Bradburn and Ugartechea, all the ports of Texas, except Anahuac, were closed to commerce. This was intended to concentrate all business at Bradburn's headquarters. But Anahuac was outside of Austin's colony, and was inaccessible to vessels drawing over six feet of water. This was a severe blow to the citizens of the Brazos, who carried on a larger trade by water than all the rest of Texas. " xln indignation meeting," says Burnet, '' was promptly held at Brazoria, and Dr. Branch T. Archer and George B. McKinstr}^ were appointed a committee to wait on Colonel Bradburn, the senior officer, and demand the abrogation of the order. Bradburn equivocated, and required time to consult his superior. General Teran, then at Tampico. The committee were not to be cajoled ; they 180 HISTORY OF TEXAS. demanded an instant revocation and it was granted. It was probable, therefore, that the injurious order was based on the sole authority of the two subalterns." Bradburn ajDpears to have taken a delight in annoying the Texans. Having failed in his attempt to close all the ports in Austin's colony, he next essayed to set the negro slaves free, and proclaimed himself their special guardian, protecting those who threw themselves into his fort. Among the negroes who there sought refuge were some from Louisiana. These were demanded on the authority of a requisition from the Governor of that Commonwealth. Bradburn refused to surrender them, alleging that they had enlisted as soldiers in the Mexican army. His next act of op2H'ession was to send a file of soldiers and arrest and imprison certain citizens — among them Patrick C. Jack, William B. Travis, Monroe Edwards and others ; and though there were no formal charges against them, he threatened to send them to Vera Cruz for trial. Tidings of these outrages flew through the country, producing the most profound alarm and indignation. IS'umbers flocked towar ds Anahuac, both from the Brazos and the Trinity rivers. They met, to the number of about sixty, and effected a mill tary organization ; Frank W. Johnson being elected first,, and Warren D. C. Hall second in command. When ap- proaching Anahuac, a small party of Bradburn's soldiers were encountered and made prisoners. This was early in June. A deputation of the citizens was sent to Anahuac,. to intercede for the release of the prisoners. At first this failed, and when a collision between the citizens and soldiers seemed inevitable, a liberal Mexican officer. Colonel Souverin, 23roffered his services as mediator. The Texans then had nineteen of Bradburn's soldiers, and Bradburn had seven- teen citizens under arrest. At the instance of Souverin, it was agreed that the Texans should release their prisoners- immediately, and that Bradburn would discharge the citi- zens under arrest on the following morning. The soldiers SAXTA ANNA. 181 were released and sent into the fort. But Bradburn, having heard of the approach of Piedras from JVacogdoches, viohited his j^lighted faith and kept his prisoners. The citizens then resolved, at all hazards, to take the fort, and dispatched John Austin and William J. Russel to Brazoria for a cannon. At this juncture of affairs, news arrived that Santa Anna had 23ronounced against Bustemente, and in favor of the abrogated constitution of 1824. On the 13th of June, 1832, a meeting of about one hundred citizens was held at Taylor White's, on Turtle Bayou. This meeting declared for the new movement of Santa Anna, looking upon him as the representative of Republicanism and popular liberty. 'No doubt the influence of Santa Anna's agent, Souverin, was felt at this meeting. At this juncture, and while the Texans were waiting for the return of Austin with the cannon, Piedras, with a part of his command and a band of Cherokee Indians, arrived in the neighborhood. He sent an officer to the Texas camp, to know their object. Commissioners were appointed to confer with him, and an accommodation was soon had. Piedras proved himself a gentleman. Bradburn was relieved from command, and sent to New Orleans ; and the prisoners in the fort unconditionally released. As we have stated, Captain John Austin was sent from Anahuac to Brazoria for a cannon to assist in the capture of Bradburn's fort. Although the difficulties there had been adjusted, that was not known on the Brazos. Brazoria county was the most wealthy and populous in the province, i:>roducing more cotton and carrying on a more extensive trade than all the other districts. Bradburn's order, closing their port, had rendered them justly indignant, and at a meeting in the town of Brazoria as early as May 11th, a proposition to capture the fort of Velasco had failed by only one vote. Ugartechea, the commander, had, however, promised to remain neutral in the contest with Bradburn, 182 HISTORY OF TEXAS. and had thus rendered himself popular with the people. But when Austin asked permission to transfer the cannon from the town of Brazoria, and by his fort, in a vessel, TJgartechea refused. Austin at once called for volunteers to capture Velasco and its garrison. One hundred and twelve men responded to this call. The fort was garrisoned by 125 soldiers, and j)rotected by artillery. At Brazoria, Austin placed his cannon, with a few men, on a small sail vessel under command of Captain William J. Russell, and started it down the river, while most of the men went by land. The vessel moored near the bank, within easy range of the fort. Arrived at the mouth of the river. Captain / ustin separated his men into two companies, commanding one himself, and placing the others under Capt. Henry S. Brown. The latter took a position near the beach, where he was partially protected by a pile of drift wood. Under cover of darkness, Captain Austin, carrying plank with which to erect j)alisades, advanced very near the fort and threw up temporary breastworks. About midnight, June 25th, the battle commenced, and continued till daylight, when a shower of rain damaged the ammunition of the Texans. The breastworks not affording sufficient protection, Austin changed his position. In the meantime, every Mexican whose head appeared above the parapet was picked off by the riflemen. When TJgartechea found it difficult to induce his men longer to mount the parapet to fire his gun, he boldly mounted it himself, and stretched him self 'up to his full height. The Texans were so struck with this exhibition of personal heroism, that they spared his life. In a short time after- ward, a white flag was hoisted and the fort surrendered. * * In this engagement the Mexicans lost 35 killed and 15 wounded. Loss of the Texans, 8 killed and 27 wounded. Among the killed was Aylott C. Buck- ner, a noted Indian fighter from Buckner's Creek, on the Colorado. The mate of the vessel was Idlled, while hing in his berth. He was a poor man, and a non-combatant, and the planters raised a subscription for the benefit of his famil.y. Among the Texans wounded was Henry Suiifh. afterwards Governor. James P. Caldwell, Edwin Waller, and Kobert H. Williams, who lost an e^t,. :^4 r FORT ON THE WESTERN BORDER. WARLIKE COMMOTIONS ENDED. 185 During the month of July, succeeding these events, Colonel Jose Antonio Mexia, one of Santa Anna's officers, arrived with four vessels at the mouth of the Brazos, bringing with him our member of Congress, Stephen F. Austin. The object of Mexia's visit was to place Texas in thorough accord with the new Republican departure of Santa Anna. At the same time, the political chief of the department, Don Ramon Musquez, visited San Felipe. At a session of the Ayuntamiento, after a full canvassing of the subject, that body, while denouncing " the tyrannical and illegal acts of Colonel Bradburn," solemnly declared their adherence to the principles of the Republican party headed by Santa Anna, and disclaimed having in view any other object than to contribute in sustaining the constitution, and the true dignity and decorum of the national flag. This satisfied Mexia, and he returned to Matamoras ; but before his de- parture he addressed a letter to Piedras, inviting him to join the Republican party. Though Colonel Piedras had acted nobly at Anahuac, he was a monarchist, and in principle opposed to Republican- ism, and he utterly refused to adhere to the party of Santa Anna. At a public meeting of the citizens of JN^acogdoches, a committee, consisting of Isaac W. Burton, Philip A. Sublett and Henry W. Augustin, was appointed to confer with him. He still j^roved obstinate, and the citizens then proceeded to organize a military company for his capture. The first conflict took place near the old stone house', which, after a severe fight, was captured by Captain Bradley and Lieutenant Looney. A body of Mexican cavalry, sent to recover the house, was repulsed with severe loss in this en- counter. Don Engarnacion Chirino, Alcalde of the town, who had warmly espoused the Republican cause, was killed. At nightfall Piedras threw his ammunition into wells, and left the place, retreating to the west. The next day a party of Texans intercepted the retreating foe at the Angelina River. At the water's edge the Texans fired, and killed 186 HISTORY OF TEXAS. Lieutenant Marcos, the officer in command of the advance party. Piedras knew that most of his men sympathized with the Republicans, and to avoid the effusion of bloody turned over the command to Major Medina, who, with his- men, at once pronounced for Santa Anna. In this engage- ment the Mexicans lost about forty killed, and a like num- ber wounded. The loss of the Texans, three killed and five- wounded. The three most important garrisons sent to Texas by order of Bustemente had now been disposed of. Both soldiers and citizens harmonized in the movement inaugu- rated by Santa Anna for the restoration of the constitu- tion of 1824. There was no longer any use for soldiers in Texas, and Colonel Souverin, who had become commander at Anahuac, collected the men formerly composing the commands of Bradburn, Ugartechea and Piedras, and sailed for Tampico, to assist in the revolution against Buste- mente. " Thus ended," says Edwards, " the warlike commotions- of these colonies. On the 2d of September, 1832, just as- the inhabitants were informed that their greatest arch- enemy, General Teran, and his troops, on their way from Mexico to Matamoras, had been surrounded by the Liberal forces of General Montezuma — and that too, on the identical plain where the injudicious Iturbide lost his life — Teran, having determined within himself neither to unite with the- Liberals nor submit to them as a prisoner, retired to a private place and fell on his own sword — appearing, to those who found him still alive, as inexorable in the hour of death as he was uncompromising in political life." " Texas," says Burnet, " now breathed one enthusiastic feeling of admira- tion for Santa Anna as the undoubted hero and main support of the Federation," an opinion which subsequent events- materially modified. CHAPTER YI. HOSTILE LEGISLATIOX— MOVKMKN'T FOR A SEPARATION FROM COAHUILA— CONVEN- TION OF 1S33— AUSriN SENT AS COMMISSIONER TO MEXICO— SANTA ANNA DESKRT& THE LIBERAL PA KTY—Ii EVOLUTION IN COAHUILA— AUSTIN IN PRISON— SANTA. ANNA'S ULTIMATUM TO TEXAS. IN April, 1832, the Legislature at Saltillo, doubtless by the direction of Bustemente, repealed the liberal gen- eral colonization law, and promulgated another, based upon the decree of April 6th, 1830, excluding Americans from the State. By the new law, none but Mexicans could become empresas. But the influence of the Texas delegation was so far felt, that a law was enacted creating new munic- ipalities, and allowing the people to elect their officers. When Texas was, in 1824, attached to Coahuila, it was- understood that the arrangement was only temporary, and as soon as Texas had a sufficient population, it was to be erected into a State of the Mexican Federation. Her population was now equal to that of the smaller States. Her people were in perfect accord with the Government under Santa Anna, and it was thought the time was favora- ble for a dissolution of its unnatural connections with its trans-Rio Grande sister. In October, 1832. a number of leading citizens held a consultation at San FelijDe, and advised the election of delegates to meet and form a consti- tution for a separate State. * * In this movement the people of Bexar perfectly harmonized with those of Austin's colony. A meiuorial was sent fortli from San Antonio mining the measure, signed by Jose de La Garza. Angel Xavarro, Jose Casiano, flannel Ximenes, Juan Angel Seguin, Jose M. Sembrano, and Ignatio Arocha. At Brazoria, a public meeting of those favoring the separation Avas called, and presided over by Henry Smith. Among those participating were L. Rainey. S. Bowen, C. D. Sayre, A. G. Miles. J. Calvit, Sterling Mc- Neil. Dr. Council, J. II. Polly. J. W. Cloud, P. Smith. P. R. Splane. Oliver Jones, Dr. Parrott and David Raudun. 188 HISTORY OF TEXAS. The election for delegates was held in March, 1833, and the Convention met in San Felipe in April following. William H. Wharton was elected President and Thomas Hastings, Secretary. We have no means of knowing the exact number of delegates, as their proceedings were never published, and were probably lost when San Felipe was burned in 1836. Among the more important committees, Sam Houston was chairman of the one to draft a Constitu- tion, and David C. Burnet of the one to draw up a memorial to the General Government. The Constitution may be found in Edwards' history. It is Republican in form, and secures the right of trial by jury, and is very much like the constitutions of the States of the North American Union, with modifications to adapt it to the situation of the Mexican Federation. The memorial prepared by Burnet may be found in Yoakum's history. It is a long and very able document. We copy a paragraph relating to the evils of a continued connection with Coahuila : " Thiit coujunction was in its origin unnatural and constrained, and the longer it is continued, the more disastrous it will prove. The two territo- ries are disjunct in all their prominent respective relations. In point of locality, they approximate only by a strip of sterile and useless territory, which must long remain a comparative wilderness, and present many serious embarrassments to that facility of intercoui'se which should always exist between the seat of government and its remote population. In respect to commerce and its varions intricate relations, there is no community of interests between them. In point of climate and natural productions, the two territories are equally dissimilar. Coahuila is a pastoral and a mining country, and Texas is characteristically an agricultural district."' For these and many ether reasons, the memorialists pray that T^xas may be erected into a separate State. Three commissioners were selected to proceed to the city of Mexico, to lay the Constitution and Memorial before the Conixress and the executive authorities of the nation. Stephen F. Austin was the only one who undertook the journey. Immediately after the adjournment of the Convention, AUSTIN IN PRISON. 189 Austin started for the city of Mexico to fulfill the objects of his mission * (See Austin.) He found Farias, the Vice- President, occupying the place of Santa Anna, who had retired to his hacienda to mature his plans for abandon- ing the Republicans, forming an alliance with the Church party, and overthrowing the Constitution and establishing a central despotism. Though Austin failed in his main purpose, he succeeded in having modified the (Oppressive edicts of Bustemente against Americans. After several months delay, and inefi^ectual attempts to secure a separate government, he finally started home; was arrested at Saltillo, and taken back to the city and thrown into prison, where he languished for nearly two years ; part of the time deprived of the light of day and of the use of books and papers. Texas was comparatively quiet during the early months of 1834 ; but Coahuila was in a state of revolution. The Legislature had transferred the seat of government from Saltillo to Monclova. To this the inhabitants of the former city objected, and on the 10th of July, pronounced against the State government and elected Jose Maria Goribar, Grovernor. The Ayuntamiento of Monclova, in conjunc- tion with some members of the Legislature, elected Juan Jose Elguezabal, Governor. The rival parties were pre- paring for w^r, when commissioners from each met and agreed to refer the question in dispute to Santa Anna, who ordered a new election, Santa Anna now began to give serious attention to the situation in Texas. On the 5th of October, 1834, he con- voked a meeting to consider the Texas question. It was * No complete list of the members of the Convention of 1833 can be found. We subjoin a partial list: Stephen F. Austin. David G. Burnet, Sam Houston^ W. n. Wharton, Henry Smith, Ira R. Lewis, Oliver Jones, Gail Borden, Jr., R. M. Williamson, Jesse Grimes, F. Bingham, James Kerr, Jared E. Groce, John D. Newell, R. R. Royall, George Sutherland, and Eli Mercer. The com- missioners sent to Mexico were, besides Austin, J. B. Miller, William M. Wliarton, or, as Kennedy says, Erasmo Seguin, in place of Wliarton. 190 HISTORY OF TEXAS. composed of his four Secretaries of State, the three repre- sentatives from Coahuila in the Federal Congress, three of his confidential generals, Lorenzo de Zavalla and Stephen F. Austin. The latter strenuously urged the separation of Texas from Coahuila. This was bitterly opposed by Victor Blanco and the other members from Coahuila. After a three hours' discussion, Santa Anna resolved 1. *' That he would meditate maturely the decree repealing the 11th article of the law of the 6th of April, 1830, and, if no objections were pre- sented, he 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 Mexia. 3. ^' That proper steps should be taken to have regular mails, and to remove all obstacles to the agricultural and other industries of the inhab- itants, who are viewed with the greatest regard. 4. *' That Texas must necessarily remain united with Coahuila, because it had uot the elements warranting a separation ; nor would it be con- venient. And although it might be allowed to form a Territory, if the inhabitants called for it, yet, the dismembering of a State was unknown to the Mexican laws, and he would be at a loss how to proceed." The above conditions, especially the second and fourth, were hard on Texas. What a large force and how strangely located to protect either the coast or the frontier ! And then the objection to dismembering a State was puerile, as the union of Coahuila with Texas was conceded to be •only temporary. However, Austin appears to have con- fided in the President's professions of friendship, and although he was still held " in durance vile," wrote on the 2d of- December, after the settlement had been effected between the contending factions in Coahuila : " All is chano-ed since October of last year. Then there was no local government in Texas ; now there is, and the most of your evils have been remedied, so that it is now important to promote union with all the State, and keep down all kinds of excitement. All is oroum well. The President, Oeneral Santa Anna, has solemnly and publicly declared CIVIL LIBERTY. 191 that he will sustain the federal representative system, as it now exists, and he will be sustained by all parties." The Texans generally failed to view so favorably the plans of the aspiring President, and doubted his profes- sions of attachment to a representative government. The real purpose of Santa Anna was soon disclosed. Of this purpose, and its results to Texas, we will treat hereafter. PART IV The Revolution. FROM 1835 TO 1836. Vi CHAPTER I. .-SANTA ANNA DEVELOPING HIS NEW POLICY— AUSTIN STILL A STATE PRISONER- CITIZENS DISARMED— ZACATECAS RESISTS THE USURPER — FRAUDS INCOaHUILA — LEGISLATURE DISPERSED BY COS — MILAM AND VIESCA TAKEN PRISONERS — RKPUBLICANS defeated AT ZACATECAS— SANTA ANNA DICTATOR— PARTIES IN TEXAS—CAPTAIN THOMPSON AND THE CORREO— PROSCRIBED PATRIOTS. VIEWED from a material stand-point, the infant settlements in Texas were, at the commencement of the revolutionary period, in a most prosperous and encour- aging state. The colonists had found what they sought — delightful homes in a most desirable country. Population was steadily on the increase ; herds of cattle and horses were multiplying ; cotton, sugar, corn, etc., were produced with little cultivation, in the greatest quantities. With such an abundance of the necessaries, and even the luxuries of life, the planters were contented and happy. But the prospect, so pleasing to contemplate, was overhung with dark and portentous clouds in the political horizon. In Mexico, Santa Anna had resumed the reins of government, and was gradually developing his plans for the overthrow of the Republic and the establishment of a centralized despotism. He was ambitious, unscrupulous, and whimsi- cal. He had betra^^ed and abandoned the party that elevated him to the presidency, and was now in full accord with the aristocratic and church party — a party against which he had been contending all his previous life. He had somewhat mitigated the rigors of Austin's imprison- ment, but kept him in confinoment. He still held out hopes to Austin, that his petition in reference to Texas might ultimately be granted. But Austin was ignorant of 198 HISTORY OF TEXAS. the charges under which he had been arrested, and had vainly sought a tribunal comj^etent to take cognizance of his case. Among the concessions to Texas, was an additional dele- gate in the legislature of the joint State. But owing to the revolution in Coahuila, this proA^ed of no advantage. In the elections in the fall of 1834, the Centralist party, now headed by Santa Anna, was everywhere triumphant, except in Zacatecas, and Coahuila and Texas. At the meeting of Congress, Zacatecas was declared in a state of rebellion ; and to secure perfect quiet, an act was passed reducino; the number of militia to one soldier for each five hundred inhabitants, and disarming the remainder. Congress also claimed the power to modify, at will, the Constitution of 1824, under which they were elected. These acts of usurpation not only justified, but demanded resist- ance on the part of the real Republicans of the nation. Zacatecas prepared to resist, and the legislature of Coahu- ila 2)rotested. At the -election held in pursuance of the award of Santa Anna, Augustin Yiesca was elected governor, and Ramon Musquiz vice-governor of the State. One of the first acts- of the newly-convened Legislature was the fraudulent and unwarranted sale of 400 leagues of Texas land. But this act, passed March 14, by the Legislature, was abrogated by the National Congress on the 25th of April following. The act was fraudulent, and its abrogation unconstitutional. * * This note on the successive occupants of the executive chair, is from a sketch of this period, written by Judge Burnet, and found in tlie Texas Ahnanac of 1849: — '' Tlie last decree bearing the signature of Governor Vilhisenor is dated July 3, 1834. The next, without date, is signed by J. A. Tijerina. Pres- ident of the Administrative Coiuicil. Next in order, Xo. 25)2, March 12. 1835, is subscribed by Jose M. Gantu. who appears as governor ad interim^ but soon retires behind the curtain ; aiul decree Xo. 295 introduces one B(^r- ego. whose signature indicates his lieing governor pro tern . He figures- onward to decree No. 299, of April 14, when Augustin Viesca appears in his official robes." liEVOLUTIOXARY MOYEMEJN^TS. 199 Scarcely had Vies c a assumed the gubernatorial reins at Monclova, when the deputies from Saltillo withdrew, and after Mexican fashion, pronounced against the new government. In this they were encouraged by the com- manding general, Cos, the brother-in-law of Santa Anna, who was at once invested with civil, as well as military authority. Cos hastily dispersed the Legislature in session at Monclova. Yiesca, at first, determined to remove the executive archives to San Antonio, and had traveled one day in this direction, when he changed his mind and resolved to submit to Santa Anna. Arriving at Monclova, he again changed his mind, and started for Texas in compa- ny with B. R. Milam and John Cameron. The party was overtaken and captured by the soldiers of Cos, and all started for safe-keeping to the castle of San Juan de Ulloa; but fortunately all, at different times and places, made their escape and reached Texas in safety. In April, Santa Anna, at the head of an army of nearly five thousand men, started toward Zacatecas to reduce thai Kepublican State to submission. Governor Francisco Oarcia was a pure Republican and a civilian of considerable experience, but with no military reputation. With troops in number about equal to those under Santa Anna, he marched out of the city and occupied the Guadalupe i:4ains. Here, on the morning of May 11th, was fought a most bloody and, to the Republicans, a most disastrous battle. Two thousand of their number were killed or wounded, and the remainder taken prisoners. v • The situation was briefly this : The governor was a prisoner ; and the Legislature had been dispersed by the miltary under General Cos, who assumed dictatorial powers,- subordinate only to his master, Santa Anna. At the Federal capital, the Congress had been dissolved; the constitution overthrown; the civil power annihilated; and it only needed the Plan of Toluca, formally proclaimed August 8th, clothing the President with unlimited power , 200 HISTORY OF TEXAS. and the decree of the despot, October 3d, suspending the- functions of all State Legislatures, to complete the revolu- tion in Mexico. While the people of Texas were thus left with scarcely a. semblance of civil government, they held no allegiance to the^ military despotism which had superseded the constitutional authorities in Mexico. The j^olitical chiefs and Alcaldes still exercised their functions ; but the laws and precedents by which they were guided were of Sj^anish origin, and illy accorded with the principles of civil liberty prevalent among the Anglo-American colonists. Mostly farmers, they were naturally averse to any warlike measures that could be honorably averted. A few were for submission to Santa Anna. Others were for quietly awaiting the return of Austin, who, as late as March 10th, wrote : " The territorial question is now dead. The advocates of that measure are now strongly in favor of a State government, and the subject is before Congress. A call has been made upon the Pres- ident for information on the subject, and I am assured the- President will make his communication in a few days, and that it will be decidedly in favor of Texas and the State." Still another small but active party favored an immediate declaration of Texan independence. R. M. Williamson, one of the leaders of the war party, in a famous address, on the 4th of July, declared that, " Our country, our liberty, our lives are all involved in the present contest between the State and the military." While Santa Anna was deluding Austin and the Texans with promises of ^\\m^^ /avoidable attention to their demands, he was making active preparations .for the military occu- pancy of the province. In July Gen. Ugartechea, with about 500 men, landed on Lavaca Bay, and proceeded at once to San Antonio. His purpose was still ostensibly to collect the revenue. He sent Captain Tenorio with twenty men to Anahuac, to take chnrge of the custom-house. The Texans justly complained of the enormous dues demanded^ THOMPSON U^FIT FOR HIS POSITION. 201 and a company, under W. B. Travis, who was still smart- ing under his former treatment, surrounded Tenorio, and disarmed him and his soldiers. This high-handed act was severely condemned by the Ayuntamiento of Liberty, and that of San Felij^e, after investigating the aflfair, released Tenorio and his men, and restored their arms and papers. "An exaggerated account of these proceedings," says Kennedy, " having reached General Cos, he dispatched Cap- tain Thompson, a naturalized citizen of Mexico, in the war schooner Correo, to Galveston, to inquire into the circum- stances of the affair, and report as soon as possible the result of his investigation, at Matamoras. Thompson proved himself altogether unfit for his mission. Instead of institu- ting an inquiry into the facts of the alleged outrage, he assumed the character of a blustering dictator, exceeded his orders, and under the pretext of protecting the revenue, attacked and captured a vessel in the Texas trade. This had the effect of irritating the public mind against both Thompson and the government, and the former having continued to linger on the Texas coast, the San Felij^e, a merchant vessel, commanded by Captain Hurd, captured the Correo, and sent it and its commander to New Orleans, under a charge of piracy." On reporting to Ugartechea, at San Antonio, Tenorio w^as sent back to the Brazos on a still more ungracious errand. Lorenzo de Zavalla, after having been sent into honorable exile, as Minister to France, had, when he heard of the despotic proceedings of Santa Anna, his former trusted friend, sought refuge in Texas. Santa Anna dreaded the influence of so stern a Republican, and ordered his imme- diate arrest. On the 24th of July, Tenorio presented this order to Wylie Martin, acting political chief of the Brazos. Martin, under some pretext, declined to undertake the arrest. Soon afterwards another order came from headquarters, ordering the arrest of R. M. Williamson, W. B. Travis, Samuel M. Williams, Mosely Baker, F. W. Johnson, and 202 HISTORY OF TEXAS. John H. Moore ; and a subsequent order included the names of J. M. Carravahal and Juan Zembrano. The two hist named being Mexican citizens of San Antonio, were seized, and sent into INfexico. No officer could he found to attempt to take the others The last order was dated September 3d. MEXICANS. CHAPTER II. COMMITTEES OF SAFETY— AUSTIN'S RETURN— CANDELLE AT GOLIAD — CONFLICT AT GONZALES— GOLIAD CAPTURED BY THE TEXANS— AUSTIN IN COMMAND ON THE GUADALUPE— THE CONSULTATION— PROVISIONAL GOVERNMENT— AUSTIN MARCHES TOWARDS SAN ANTONIO^BATTLEOF CONCEPCION — THE GRASS FIGHT — THE EXECU- TIVE COUNCIL. SELF-RELIANT people, whose interests and liberties are imperilled, will not long lack the means necessary for concert in action. Texas was threatened with invasion by a government to which it had a right to look for protection. Again, the Indians were more or less troublesome. A 2:>arty of merchants, transporting goods westward a few miles from Gonzales, was surrounded by a band of hostile Lipans, and the merchants and teamsters killed, and the goods taken. Ostensibly to provide for protection against these savages, committees of safety were organized in different municipalities. It was the business of these committees to collect and disseminate information — to secure arms and ammunition, and in case of necessity, to call out and drill the militia. * . It was thought advisable to have a Central Committee, to give direction to public affairs, and on the 17th of July, delegates from some of the adjacent municipalities met at * We have not the names composing all these connnittees. The first organ- ized was at Bastrop. The members were J. W. Bunton, S. Wolfinbarger, 1). C Barrett JohnMcGehee, B. Manlove and Ed Burleson. At San Felipe, R. M. Williamson, was chairman. There was a large committee at Brazoria — Jolm A. W'harton, W. D. C. Hall, Henry Smith, Silas Dinsmore. James F. Perry, John G. MiXeill, Robert II. W^illiams, William li. Jack, F. A Bingham, John Ilodge, Wade H. Bynum, Branch T. Archer, William T. Austin. P. Bertrand and Isaac Tinsley. At Nacogdoches, Sam Houston, Thomas J. Rusk, Frost Thorn and others composed the committee. 206 HISTORY OF TEXAS. San Felipe, and organized what was called an Administra- tive Council.* Among other acts, this Council sent Messrs. Barrett and Gritton on a mission of peace to Ugartechea at San Antonio. The mission was abortive. The idea of a general Consul- tation, to be composed of delegates from all the municipal- ities was still discussed. ZavaUa had w^armly advocated such a meeting ; and while the subject was as yet undecided, Stephen F. Austin returned to his colony. His return was hailed with delight, and he was at once installed chairman of the San Felipe Council. Austin, however, was chagrined to tind Texas in so disorganized a condition. " I had fully hoped," said he, " to have found Texas at peace and in tranquility ; but regret to find it in commotion — all disor- ganized, all in anarchy, and threatened with immediate hostilities." In a speech on the 8th of September, at Bra- zoria, he declared in favor of their " constitutional rights,. and the peace and security of Texas ; also for a general Consultation of the j)eople." The term Consultation was used, because Ugartechea had especially objected to the word Convention, as savoring too much of revolution. The election w^as held on the 3d of October. Notwithstanding Santa Anna's active preparations for war, he still professed to have very pacific views in refer- ence to Texas. He had verbally and expressly authorized Col. Austin to " say to the people that he w^as their friend, that he wished for their prosperity, and would do all he could to promote it ; and that in the new Constitution he would use his influence to give to the people of Texas a special organization suited to their education, habits and situation." * The following delegates constituted this Council : From Columbia — J. A. Wharton, James F. PeiTy, Sterling M'Neill, James Knight and Josiah II. Bell. From Austin — A. Somervell, John Ilice Jones, Wjlie Martin. Jesse Bartlett and C. B. Stewart- From Mina— D. C. Barrett. R. M. Williamson. Wylie Martin, S. F. Austin and R. R. Royall were, at difterent times, chairmen of this body, and A. Huston and C. B. Stewart were secretaries. CANDELLE AT GOLIAD. 207 The treatment which the Texans received, in that por- tion of the State occupied by Santa Anna's troops, did not exactly correspond with these professions of peace and good-will. We have seen that Ugartechea had arrested two staunch Republican citizens of San Antonio, and had sent them to Monterey ; and the efforts he was putting f6rth to arrest Zavalla and others. At Gohad, Colonel jS'icho- las Candelle, the commander, signalized the commencement of his barbarous reign, by imprisoning the Alcalde and extorting from the Admmistradorn forced loan of five thou- sand dollars, " under the penalty of being sent on foot tO' Bexar in ten hours. He also stripped the town of arms, pressed the people into the ranks as soldiers, and gave notice that troops w^ould be quartered upon the citizens — five to a family — and should be supported by them." In pursuance of the general plan to disarm all citizens,, Ugartechea sent Captain Castenado, with about 150 men,, to seize a small cannon which had been given to the corpo- ration of Gonzales for protection against the Indians. The citizens, unwilling to part wdth the gun, organized and prepared to resist, by force, the demand of Castenado. The ferry boats were removed to the east side of the river, and a guard, under Captain Albert Martin, stationed on the river bank to prevent the crossing of the Mexican soldier?. The first demand was made on the 29th of September. Captain Martin then had but eighteen men, but in a day or two the number had increased to 168. A military organization took place ; John H. Moore being elected Colonel, and J. W. E. Wallace, Lieutenant-Colonel. Cas- tenado was in camp about half a mile from the ferry, and Moore determined to cross the river with the cannon and compel him to retreat. During a fog on the morning of October 2d, the Mexicans took a position on a high mound, prepared for defense. The officers of the two parties met and failed to come to an agreement, though Castenado professed himself a Republican and unwilling to fight the 208 HISTORY OF TEXAS. Texans. The Texans, however, with the brass piece, advanced for an attack, and discharged their gun. The Mexicans hastily retreated to Bexar. The news of the conflict at Gonzales roused a warlike spirit throughout the country. Captain George Collins- worth, of Matagorda, raised a company for the capture of the Mexican garrison at Goliad. The night this compam^ reached the neighborhood of the town, they fortunately fell in with the celebrated Benjamin R. Milam, who had escaped from the guard at Monterey, and was making his way back to Texas. Reinforced by so valuable a recruit, an attack was at once determined upon. ' As there had been no formal declaration of war, the garrison w^as not antici- pating an attack, and were wholly unprepared for it. The Texans numbered only forty-eight men. They first attacked the quarters of Lieutenant-Colonel Sandoval, the command- ant. The sentinel on duty fired his piece, and was imme- diately shot down. The door of Sandoval's room was broken open with axes and he was taken prisoner. As the result of the capture, the Texans took about twenty-five prisoners, three hundred stand of arms, and military stores to the value of $10,000. The place was left in command of Captain Phillip Dimit. Goliad was captured October 8th. Three weeks later, Captain Westover captured, after some fighting, the Mexican fort at Lipantitlan, on the Nueces river. The men who, at the first call to arms, had rushed to Gonzales, had effected no permanent organization, and were unprepared for a regular campaign. They recognized no civil authority, and had no leader who commanded general confidence. Under these circumstances, messen- gers went from Gonzales to San Felipe, with a request that Colonel Austin should be sent to the command. His services were not especially required in the Council, and that body gave its consent to his departure. He arrived at Gonzales on the 11th of October, and was selected as the commander by the soldiers in camp. PREAMBLE AND RESOLUTIONS ADOPTED. 209 October 16th was the day fixed for the meeting of the t ynsultation ; but on that day there were but thirty-one delegates present, and an adjournment was moved to ^K'o- vember 1st. It was the 3d of the month before a quorum appeared, when the body w^as organized by electing Branch T. Archer, President, and P. B. Dexter, Secretary. The next day R. R. Royall, chairman of the Administrative Council, turned over all the papers and documents in his poiisession, and that council ceased its functions. A few of the members w^ere for an immediate declaration of inde- pendence; but a majority thought it advisable to remain under the Constitution of 1824. On the 5th of JS'ovember, the following preamble and resolutions were adopted : "Whereas, General Antonio Lopez de Santa Anna, and other military chieftains, have by force of arms overthrown the Federal institutions of Mexico and dissolved the social compact which existed between Texas and other members of the Mexican Confederacy; now the good people of Texas, availing themselves of their natural rights, " Do solemnly declare — I. That they have taken up arms in defence of their rights and liberties which are threatened by encroachments of military des- pots, and in defence of the Republican institutions of the Constitution of Mexico of 1824. " 2. That Texas is no longer morally or civilly bound by the compact of the union. Yet, stimulated by the generosity and sympathy common to a free people, they offer their support and assistance to such members of the Mexican Confederacy as will take up arms against military despotism. " 3. They do not acknowledge that the present authorities of the nominal Mexican Repubiio have the right to govern within the limits of Texas. " 4. That they will not cease to carry on war against said authorities while their troops are within the limits of Texas. " 5. They hold it to be their right, during the disorganization of the Fed- eral system and the reign of despotism, to withdraw from the union and establish an independent government, or adopt such measures as they may deem best calculated to protect their rights and liberties ; but they will con- tinue faithful to the Mexican government so long as that nation is governed by the con«;titution and laws that were formed for the government of the political association. " 6. That Texas is responsible for the expenses of her armies now in the field. " 7. That the public faith of Texas is pledged for the payment of all debts contracted by her agents. " 8. That she will reward by donations in land, all who volunteer their services in her present struggle, and receive them as citizens. 210 HISTORY OF TEXAS. " 9. These declarations we solemnly avow to the world, and call God to "witness their truth and sincerity; and invoke defeat and disgrace upon our iieads, should we prove guilty of duplicity." On the 12th an ordinance passed creating a provisional government, and an Executive Council, to be composed of ■one member from each municipality. Henry Smith was elected Governor, James W. KobinsonXieutenant-Governor .and Sam Houston, commander of the army to be raised. The Consultation adjourned on the 14th of November; after selecting S. F. Austin, Branch T. Archer and William H. Wharton as Commissioners to the United States. * * The following is a list of members of the Consultation : Municipality of Austin — William Menifee, Wily Martin, Thomas Barnett, Handall Jones and Jesse Burnham; of B evil (afterwards Jasjyer) — John Bevil, Wyatt Hanks, Thomas Holmes, S. H. Everett and John H. Blount; of San Augustine — A. Huston, Jacob Garrett, William N. Sigler, A. E. C. •Johnson, Henry Augustine, Alexander Horton and A. G. Kellogg ; of Har- risburg — Lorenzo de Zavala, Clement C. Dyer, William P- Harris, M. W. Smith, John W. Moore and David B. Macomb ; of Matagorda — Ira R. Lew- is, R. R. Royall, Charles Wilson and John D. Newell; of Viesca {after- wards Milam) — J. G. W- Pierson, J. L Hood, Samuel T. Allen, A. G. Perry, J. W. Parker and Alexander Thomson ; of Nacogdoches — William Whita- ker, Sam Houston, Daniel Parker, James W. Robinson and N. Robins; of Columbia {afterwards Brazoria) — Jol)n A. Wharton, Henry Smith, Edwin Waller and J. S. D. Byrom ; of Liberty— Reury Millard, J. B. Wood, A. B. Harden and George M. Patrick; of Jlina {afterwards Bastrop) — D. C. Barrett, Robert M. Williamson and James S. Lester; of Washington — Asa Mitchell, Elijah Collard, Jesse Grimes, Philip Coe and Asa Hoxie; of Gon- zales — William S. Fisher, J. D. Clements, George W. Davis, Benjamin Fu- cion Mission, about one mile and a half below the city, on the east side of the river. This movement was, of course, well known in the city; and no doubt Cos congratulated himself with the thought that he would easily caj)ture this reconnoitering party. The next morning, Oct. 28th, was foggy and favored his design. But the Texans had chosen a favorable position for defense. The river was skirted with timber, with a narrow second bank, considerably lowe'r thnn the level prairie. Around this dei^ression of the surface, there was a bluff from six to ten feet high. The command was divided into two parties, each one taking a position along the skirt of timber on the upper and lower sides of the bend, having the open plain in front of them. It was naturally a strong position, the river and timber being in the rear of each division, with this natural parapet to fall behind in case of an attack. This, however, the Texans did not expect, and some of their number had ascended to the roof of the Mission, to obtain a clear view, as soon as possible after daylight, and were thus cut off from their companions during the fight. Durmg the dense fog, a considerable force of cavalry and infantry, with one cannon, had marched out from the city and surrounded the Texans on three sides. The fight com- menced about eight o'clock, the Mexican line presenting a continual sheet of flame. The Texans fired more cautiously and with more deadly effect. Their rifles picked off the gunners from the enemy's cannon. Three times the Mex- icans sounded the charge, but in vain ; the Texans hurled them back, and remained masters of the field. Sixteen dead bodies were found near the abandoned cannon, which had been discharged but five times. In this, the first real engagement of our Revolution the Texans lost one — Rich- Xs^v.-v.N-.S,.^, -i^X SAM. HOUSTON. EESIGNATION OF BOWIE. 215 arcl Andrews — killed. As rejDorted by the Texans, the Mexican loss was about sixty killed. '''■ On the 31st of October, Austin moved up about a half a mile above, on the Alamo ditch, near the old mill ; and the next day, near the powder house, one mile east of the city. He then had about one thousand men in camp. But as they were but illy provided with arms and munitions of war, and without cannon, he was but poorly ^^repared to attack a still larger force, in a strongly fortified city. His long confinement had enfeebled his system, and he was destitute of experience as a military commander. The Texans in camp were characteristically independent, and commented somewhat freely on the plans of the commander. Bowie resigned his position as an officer, and others volun- teered any amount of good advice. Austin in the mean time dispatched a messenger for the cannon at Gronzales, to be used in an assault on the place. As an illustration of the difficulties which beset the commander, it may not be improper to state that on the 13th of I^ovember, the day after General Houston was elected commander of the army lo be raised — not the volun- teers in the field, who had chosen Austin as their General — Houston wrote a confidential letter to Fannin, in which he said : " The army without means ought never to have passed the Guadalupe without the proper munitions of war to reduce San Antonio. Therefore the error cannot be in falling back to an eligible position." In another sen- tence, Houston advised the retreat to La Bahia and Gonzales. On the 2d of November, a full meeting of the commis- * As General Austin has been reflected upon, for separating his men so near the enemy, it is but justice to state that his order to Bowie was, to " Select a secure position to encamp the army to-night; and report with as little delay as possible, to give time to the army to march and take up its position before night. [Signed] S. F. Austin. "By order of P. W. Grayson, Aid-de-Campy Dated Oct. 27. 14 216 " HISTORY OF TEXAS. ^ sioned officers had decided, with but one dissenting voice, against an attempt to take the city by storm ; and Austin ■was endeavoring to enforce a siege. On the 14th, Cos, to lessen the consumption of forage in the city, started some three hundred of his cavahy horses to the Rio Grande. Austin sent out Travis, with about fort}^ men, who over- took and captured the horses and brought them into the Texan camp. Tired of the inactive life around the city, many of the Texans had gone home, so that by this time there were only about six hundred men in camp. On the 26th of November, Cos sent out a party of men to cut grass for his horses. As this party was returning to the city, they were discovered by the Texans ; and a hun- dred men, rallying under Bowie, dashed forward to give them battle. Others followed. Simultaneously with the march of the Texans, a company, with two pieces of artillery, started from the city and a running fight took place, in which the Mexicans were reported to have lost fifty killed and several wounded. Two days after this *' Grass Fight," General Austin resigned the command of the army to fulfill his mission to the United States ; and was succeeded by Edward Burleson, chosen by the volun- teers in his stead. What we have denominated the " Executive Council," is, in the ordinance creating it, called " General' Council," and Kennedy calls it a " Legislative Council." The third article of the ordinance declares that " the duties of the General Council shall be to devise ways and means ; to advise and assist the Governor in the discharge of his func tions. They shall pass no laws except such as, in their opinion, the emergency of the country requires," etc. This exception invested them with unlimited power; pro- "sdded an emergency demanded the exercise of such j^ower. Among the first doings of this body, was the establishment of a General Post-ofiice, and a tariff of duties on imported merchandise. Six ports of entry were created, Sabine, Gal- LOAN NEGOTIATED. 217 veston, Brazos, Matagorda, Lavaca and Copano. They estimated the annual cotton crop at 60,000 bales, and fixed the export duty at one and a quarter cent a pound ; and a tonnage duty, which, they supposed would amount to about as much more. They levied a duty on imports of from fif- teen to thirty per cejitum. Had there been no interruption of trade, and no extraordinary expenses, the sums derived from export and imj^ort duties, and that on tonnage, would have gone far toward supporting the expense of administer- ing the government. But this was prospective ; and, to meet the present necessities, Messrs. Austin, Archer and Wharton, the Commissioners to the United States, were ■emjDowered to negotiate a loan of $1,000,000, in bonds of ^1.000 each. A law of the Legislature of 1834, had provided for the aj)pointment of a first and second judge for each munici- j)ality, but as none had been ajDpointed, the Council proceeded to do so, on the 16th of JN'ovember. The courts were directed to proceed under the provision of the common law of England. * ^ The commander-in-chief was authorized to acce23t the services of 5,000 volunteers, and 1,200 regulars. During * The following judges were appointed : Viesca, (Milam,) Joseph L. Hood and John Martin ; Liberty, William Hardin and Henry W. Farley ; Brazoria, L. C. Munson and Eobert Mills; Washington, James Hall and HughMcGafiin; Gonzales, Andrew Ponton and Charles Lockhart; Mina, (Bastrop,) Sinclar Gervis and Thomas Kinney ; Nacogdoches, John Forbes and Kadford Berry ; Sau Augustine, John G. Love and W. N. Siglier ; Har- risburg, T. H. League and Nathaniel Lynch ; Bevil, (Jasper,) George W, Smyth and Joseph Mott ; Tenahaw, (Shelby,) Emory Rains and James Ens- lish; Jeffei'son, Chichester Chaplain and William T. Hatton; Victoria, Placido Benevedes and Francisco Cardinas; Goliad, Ene Vasques and Robert Galon; Bexar, John N. Seguin and Miguel Arceufega; Refugio, Martin Power and Martin Lawler; Austin, George Ewiugaud Gail Borden; Matagorda, Charles Wilson and Thomas Duke. 218 HISTORY OF TEXAS. the months of November and December the Council elected a full corps of officers. * * For the regulars, the Council elected one Majoi'-General, one Adjutant- General, two Colonels, three Lieutenant-Colonels, three Majors, one Second Major, twenty-six Captains, fifty-six Lieutenants. For the volunteers, one Colonel, one Lieutenant-Colonel, one Major, two Captains, and two Lieutenants. But without being too specific — including all arms of the service ; infantry, cavalry, artillery, and rangers, there were one hundred and fifteen oflScei's — not Including Major-General Chambers and his staff of reserves. But few of those actually in the army were elected. On the day of the attack on San Antonio', Sublett was elected Colonel over Burle- son ; and Johnson, the commander at San Antonio, was afterward elected Major, to fill a vacancy. Notwithstanding this formidable array of oflBlcers, the ranks filled up but slowly. A report presented to the Convention, March 10, 1836, stated that there were at Goliad 30 infantry — pi-ivates ; and 30 cavalry at Bexar. Besides these. Captain Turner had reported with a, company of 56 meu; and Captain Teel with forty men. CHAPTER III. A NAVY TTVTPROVISED^SAN ANTONIO INVESTED — CAPTURED BY THE TEXANS— LIBERAL TERMS TO THE VANQUISHED — BREACH BETWEEN GOVERNOR SMITH AND HIS COUNCIL— AUSTIN'S TIMELY ADVICE— CONVENTION OF 1836 DECLARES THE INDEPENDENCE OP TEXAS — GOVERNMENT AD INTERIM — PROPOSED DESCENT UPON MATAMORAS. C) ROVISIOIS' was also made for the oro:anization of a &' -*- navy. Two vessels, the William Robbins and the Invincible, were purchased of Messrs. M'Kinney and Wil- liams, of Quintana. The Mexicans had two vessels of war threatening the Texas coast : the Bravo and the Monte- zuma. These vessels greatly interrupted trade. During the month of November, Messrs. Peter Kerr, J. M. Carrav- ajal and Fernando DeLeon, of Victoria, started from New Orleans with goods, including some ammunition for the Government at San Felipe. The vessel was captured by the Bravo and run on the beach, near Pass Cavallo. The Bravo was afterward driven off by a norther, when Cap- tain Hurd, of the William Robbins, took possession of the vessel and turned her over to Captain S. Rhodes Fisher, with a crew from Matagorda. The Matagorda crew claimed salvage on the vessel, and this produced some dis- cussion in the Council. "Governor Smith," says Yoakum, " being duly advised of these proceedings, took occasion in a special message to reprehend them severely." On the 6th of November, 1835, General Mexia, who had before figured as a Republican leader in Mexico and Texas, sailed from New Orleans, with Commodore Hawkins, in the schooner Mary Jane, with about one hundred and thirty men, for the capture of Tampico. The men were deceived, and until they were on the coast in sight of Tampico, most of them suj)j)osed they were sailing for 220 HISTORY OF TEXAS. Texas. The expedition was unfortunate. Twenty-eight of them were captured; condemned by a drum-head court martial, and shot. (See Mexia.) We will now return to the army under General Burleson, encamped before San Antonio. The men were but poorly provided to maintain a siege. Many had gone home, though others were constantly arriving. Still, the number had fallen off nearly one half. At one time there were about fourteen hundred men in camps, though all were not regu- larly organized into military comj)anies. There were, on the first of December, six hundred in the ranks of General Burleson ; while Cos had a much larger force in the city, occupying a strongly fortified position, and was daily exj^ecting 500 additional troops under General Ugartechea. These troops arrived in time to participate in the defence of the city. Cos had put the place in a thorough state for defence. The old fortress of the Alamo, on the east side of the river, had been repaired, and fortified with cannon. The main plaza, on the west side of the river, was also fortified. The streets entering it were barricaded and protected with artillery. The narrow streets, lined with stone and adobe houses, afforded ample shelter, and admirable positions for its Mexican defenders. Under these circumstances, many of Burleson's officers were in favor of abandoning the siege. On the 2d of December, a council of war was held at the Tex- an headquarters, at which an assault was determined upon. " With this view," says Burnet, " the army was paraded, and after a stirring address from Colonel William H. Jack, a call was made for volunteers. Four hundred and fifty men^ including the Xew Orleans Grays, advanced to the front and enrolled their names.* It was decided to make the * There -were two companies of the New Orleans Grays — R. C. Norris was major, and William G. Cooke and Breese were captains. They were raised in New Orleans by Col. Christy and Adolphus Sterne. Among- the men were Thomas William Ward, Martin K. Snell, Thomas S. Lubbock, Henry S. Fi>her, William L. Hunter, Johh D. McLeod, and others, less distinguished in our history. See map of Texas, 1834. CAPTURE OF SAX ANTONIO. 221 attack the next morning, December 3d, in three divisions. The old mill a half mile above the town was to be the place of rendezvous, from which the assailants were to advance along three parallel streets, entering the plaza from the ncrth — riores, Acequia and Soledad. Colonel J. C. Neil was directed to make a ruse^ by opening fire on the Alamo, with artillery. During the ensuing night, the scouts reported that a man had been seen going from the camp to the town. This induced a suspicion that the enemy had been apprised of the intended assault. Many now regarded the project as utterly hopeless, and threatened to leave unless it was abandoned. Under these circumstances. Colonel Bur- leson contermanded the order for the assault, and thought of falling back on Groliad. On the same evening three citizens, Messrs. Maverick, Holmes and J. W. Smith, who had been held in duress in the town, were released by Gen- eral Cos and arrived in camp. They gave minute and encouraging information relative to the garrison, their defences and police. On the next day, Colonel Milam suo-o-ested to Burleson, to seize the new enthusiasm excited by these representations, and storm the place without delay. Burleson gave a cheerful assent, and authorized Milam to set about the daring enterprise. Milam promptly stepped forward in front of Burleson's tent, waved his hat with a joyous ringing hitzzah, and announced that he was ffoino; into San Antonio, and called for A^olunteers to go with him. The response was direct and cordial, and upwards of four hundred men formed in line, and enrolled their names. The residue agreed to remain and give an outside support, which was indispensable. As before agreed upon, the old mill was the place of rendezvous ; and 2 o'clock a. m., the hour of meeting ; while Colonel Neil was to make a feint upon the Alamo, on the east side of the river. At the appointed time, only three hundred men were on hand ; with two field pieces, a twelve and a six-pounder. In consequence of the diminished numbers, the assailants formed in only two divisions, entering Acequia and Soledad streets. 222 HISTORY OF TEXAS. We cannot do better than to give our readers the official rej^orts of General Burleson and Colonel Johnson, of the capture of the city, and the surrender of General Cos : Head-Quarters, Volunteer Army, Bexar, December 1-i, 1835. To HIS Excellency, the Provisional Governor of Texas : Sir: I have the satislaction to inclose a copy of Colonel Johnson's account of the storming and surrender of San Antonio de Bexar, to which I have little to add that can in any way increase the lustre of this brilliant achievement to the federal arms of tlie volunteer army under my com- mand; and which will, I trust, prove the downfall of the last position of military despotism on our soil of freedom. At three o'clock on the morning of the 5th instant. Colonel Niel, with a piece of artillery, protected by Captain Eoberts and his company, was sent across the river to attack, at five o'clock, the Alamo, on the north side, to draw the attention of the enemy from the advance of the divisions which had to attack the suburbs of the town, under Colonels Milam and John- son. This service was effected to my entire satisfaction; and the party returned to camp at niue o'clock a. m. On the advance of the attacking divisions, I formed all the reserve, with the exception of the guai-d necessary to protect the camp, at the old mill position, and held myself in readiness to advance, in case of necessity, to assist when required ; and shortly afterwards passed into the suburbs to reconnoiter, where I found all going on prosperously, and I'etired with the reserve to the camp. Several parties were sent out mounted, under Cap- tains Cheshire, Coleman and Eoberts, to scour the country and endeavor to intercept Ugartechea, who was expected, and ultimately forced an entry, with reinforcements for General Cos. Captains Cheshire, Sutherland and Lewis, with their companies, were sent in as reinforcements to Colonel Johnson, during the period of attack; and Captains Splann and Ruth and Lieutenant Borden, with their companies, together with Lieutenant- Colonels Somerville and Sublett, were kept in readiness for further assist- ance^ if required. On the evening of the 8th, a party from the Alamo, of about fifty men, passed up in front of our camp and opened a brisk tire, but without effect. They were soon obliged to retire precipitately, by opening a six-pounder on them, connnanded by Captain Hunnings, by sending a party across the river, and by the advance of Captain Bradley's company, who were stationed above. On the morning of the 9th, in consequence of advice from Colonel John- son, of a flag of truce having been sent in, to intimate a desire to capitulate, I proceeded to town, and by two o'clock a.m., of the lOtli, a treaty was finally concluded by the commissioners appointed, to which I acceded immediately, deeming the terms highly favorable, considering the strong position and large force of the enemy, which could not be less than thirteen hundred eftective men — one thousand one hundred and five having left this morning with General Cos, besides three companies and several small OFFICIAL REPORTS. 225 parties which separated from him in consequence of the fourth article of the treaty. In addition to a copy of the treaty (marlved No. 1) I inclose a list (No. 2) of all the valuable property ceded to us by virtue of the capitulation. General Cos left this morning for the mission of San Jose, and to-morrow commences his march to the Rio Grande, after complying with all that had been stipulated. I can not conclude this dispatch without expressing, in the warmest terms, my entire approbation of every officer and soldier in the army, and particularly those who so gallantly volunteered to storm the town, which I have the honor to command, and to say that their bravery and zeal on the present occasion merit the warmest eulogies which [ can confer, and the gratitude of their country. The gallant leader of the storming party. Colonel Benjamin R. Milam, fell gloriously on the third day, and his memory will be dear to Texas as long as there exists a grateful heart to feel, or a friend of liberty to lament his worth. His place was most ably filled by Colonel F. W. Johnson, Adjutant-General of the army, whose coolness and prudence, united with daring bravery, could alone have brought matters to so successful an end, with so very small a loss, against so superior a force, and such strong fortifications. To his shining merits on this occasion I bore ocular testimony during the five days' action . I have also to contribute my praise to Major Bennet, Quartermaster- General, for the diligence and success with which he supplied both armies during the siege and storm. These dispatches, with a list of killed and wounded, will be handed to your Excellency by my first aid-de-camp, Colonel William T. Austin, who was present as a volunteer during the five days' storm, and whose con- duct on this and every other occasion merits my warmest praise. To-morrow I leave the garrison and town under command of Colonel Johnson, with a sufficient number of men and officers to sustain the same, in case of attack, until assisted from the colonies; so that your Excellency may consider our conquest as sufficiently secured against every attempt of the enemy. The rest of the army will retire to their homes. I have the honor to be your Excellency's obedient servant, EDWARD BURLESON, Commander-in-Chief of the Volunteer Army. Gen. Burleson, Commandek-in-Chief op the Federal Volunteer Army OF Texas : Sir: I have the honor to acquaint you, that on the morning of the 5th instant, the volunteers for storming the city of Bexar, possessed by the troops of General Cos, entered the suburbs in two divisions, under the •command of Colonel Benjamin R. Milam — the first division, under his immediate command, aided by Major R. C. Morris, and the second, under my command, aided by Colonels Grant and Austin, and AdjutantBristow. The first division, consisting of tiie companies of Captains York, Patton, Llewellyn, Crane, English and Landruni, with two picc(!^ and lil'tepn fuvtil- lerymen, commanded by Lieutenant-Colonel Franks, took possession of Che 226 HISTOKY OF TEXAS. house of Don Antonio de la Garza. The second division, composed of the companies of Captains Cooke, Swisher, Edwards, Alley, Duncan, Peacock, Breece and Placido Benavidos, took possession of the house of Berrimendi. The last division was exposed for a short time to a very heavy fire of yrape and musketry from the whole of the enemy's line of fortification, until the guns of the first division opened their fire, when the enemy's attention was directed to both divisions. At 7 o'clock a heavy cannonading from the town was seconded by a well-directed fire from the Alamo, which for a time prevented the possibility of covering our lines, or effecting a sale communication between the two divisions. In consequence of the twelve- pounder having been dismounted, and the want of proper cover for the other gun, little execution was done by our artillery during the day. We were, therefore, reduced to a close and well directed fire from our rifles, which, notwithstanding the advantageous position of the enemy, obliged, them to slacken their fire, and several times to abandon their artillery within the range of our shot. Our loss during this day was one private killed, one Colonel and one First-Lieutenant severely wounded ; one Colonel slightly, three privates dangerously, six severely, and three slightly. During the whole of the night the two divisions were occupied in strength- ening their positions, opening trenches, and eflectinga safe communicaiion, although exposed to a heavy cross fire from the enemy, which slacKcned. toward morning. I may I'emark that the want of proper tools rendered this undertaking doubly arduous, At daylight of the 6th, the enemy were observed to have occupied the tops of the houses in our front, where,, under the cover of breastworks, they opened through loop holes a very brisk fire of small-arms on our whole line, followed by a steady cannonading from the town, in front, and the Alamo on the left flank, with few inter- ruptions during the day. A detachment of Captain Crane's company, under Lieutenant AV. McDonald, followed by othei-s, gallantly possessed themselves, under a severe fire, of the house to the right, and in advance of the first division, which considerably extended our line; while th6 rest of the army was occupied in returning the enemy's fire and strengthening our trenches, which enabled our artillery to do some execution, and com- plete a safe communication from right to left. Our loss this day amounted to three privates severely wounded, and two- slightly. During the night the fire from the enemy was inconsiderable, and our people were occupied in making and filling sand-bags, and other- wise strengthening our lines. At daylight on the 7th, it was discovered that the enemy had, during the night previous, opened a trench on the Ahuno side of the river, and on the left flank, as well as strengthening their battery on the cross street leading to the Alamo. From the first they opojied a brisk fire of small-arms; from the last a heavy cannonade, as well as small-arms, which was kept up until eleven o'clock, when they were silenced by our superior fire. About twelve o'clock, Henry Cams, of (Captain York's company, exposed to a heavy fire from the enemy, gallantly advanced to a house in front of the first division, and with a crowbar forced an entrance, into which the whole of the company imme- diatelv followed him, and made a secure lodgment. In the evening, th& CAPTURE OF SAN ANTONIO. 227 enemy renewed a heavy fire from all the positions which could bear upon us; and at halt-past three o'clock, as our gallant commander, Colonel Milam, was passing into the yard of my position, he received a rifle-shot in the head, which caused his instant death ; an irreparable loss at so critical a. moment. Our casualties, otherwise, were only two privates slightly wounded. At a meeting of otficers, held at seven o'clock, I was invested with the chief command, and Major Morris as my second. At ten o'clock p. m., Cap- tains Llewellyn, English, Crane andLandrum, with their respective compa- nies, forced their way into and took possession of the house of Don J. Antonio Navarro, an advanced and important position close to the square. The fire of the enemy was interrupted and slack during the night, and Lhe weather exceedingly cold and wet. The morning of the 8th continued cold and wet, and but little firing on either side. At nine o'clock the same companies who took possession of Don J. Antonio Navarro's house, aided by a detachment of the Greys, ad- vanced and occupied Zarabrano's Row, leading to the square, without any accident. The brave conduct, on this occasion, of AYiiliam Graham, of Cooke's company of Greys, merits mention. A heavy fire of artillery and small arms was opened on this position by the enemy, who disputed every inch of ground, and, after suffering a severe loss in officers and men, were obliged to retire from room to room, until last they evacuated the whole house. During this time our men were reinforced by a detachment from York's company, under command of Lieutenant Gill. The cannonading from the camp was exceedingly heavy from all quarters during the day, but did no essential damage. Our loss consisted of one captain seriously wounded, and two privates severely. At seven o'clock r. m., the party in Zambrano's Row were re- inforced by Captains Swisher, Alley, Edwards and Duncan, and their respective companies. This evening we had undoubted information of the arrival of a strong reinforcement to the enemy, under Colonel Ugartechea. At 10^ o'clock p. M., Captains Cooke and Patton, with the company of New Orleans Greys and a company of Brazoria volunteers, forced their way into the priest's house in the square, although exposed to the fire of a battery of three guns and a large body of musketeers. Before this, however, the division was reinforced from the reserve by Captains Cheshire, Lewis and Sutherland, with their companies. Immediately after we got possession of the priest's house, the enemy opened a furious cannonade from all their batteries, accompanied by inces- sant volleys of small arms, against every house in our possession and every part of our lines, which continued unceasingly until 6^ o'clock a. m., of the 8tli, when they sent a flag of truce, with an intimation that they desired to capitulate. Commissioners were immediately named by both parties, and herewith I accompany you a copy of the terms agreed upon. Our loss in this night-attack consisted in one man only — Belden, of the Greys, dangerously wounded while in the act of spiking a cannon. To attempt to give you a faint idea of the intrepid conduct of the gallant 228 HISTORY OF TEXAS. citizens who formed the division under my command, during the whole period of attack, would be a task of no common nature, and far above the power of my pen. All behaved with the bravery peculiar to freemen, and with a decision becoming the sacred cause of Liberty. To signalize every individual act of gallantry, where no individual was found wanting to himself or to his country, would be a useless and endless effort. Every man has merited my warmest approbation, and deserves his country's gratitude. The memory of Colonel B. R. Milam, the leader of this daring and suc- cessful attack, deserves to be cherished by every patriotic bosom in Texas. I feel indebted to the able assistance of Colonel Grant, (severely wounded the first day,) Colonel Austin, Majors Morris and Moore, Adjutant Bristow, Lieutenant-Colonel Franks, of the artillery, and every captain — names already given — who entered with either division, from the moruing of the 5th until the day of capitulation. Dr. Cameron's conduct, during the siege and treaty of capitulation, mer- its particular mention. The guides, Erastus Smith, Noi'wich, Ai*nold and John W. Smith, performed important service ; and I cannot conclude with- out expressing my thanks to the reserve under your command for such assistance as could be afforded me during our most critical movements. The period put to our present war by the fall of San Antonio de Bexar will, I trust, be attended with all the happy results to Texas which hei warmest friends could desire. I have the honor to subscribe myself your most obedient servant, F. W. JOHNSTON, Col. Com'g. A true copy from the original. William T. Austin, Aid-de-Camp. CAPITULATION ENTERED INTO BY GENERAL MARTIN PERFECTO DE COS, OF THE PERMANENT TROOPS, AND GENERAL EDWARD BURLESON, OF THE COLONIAL TROOPS OF TEXAS. Being desirous of preventing the further effusion of blood and the ravages of civil war, have agreed on the following stipulations: 1st. That General Cos and his officers retire with their arms and private property into the interior of the republic under parole of honor; and that they will not in any way oppose the re-establishment of the federal constitu- tion of 182-i. • 2d. That the one hundred infintry lately arrived with the convicts, the remnant of the battalion of Morelos, and the cavalry, retire with the Gen- eral, taking their arms, and ten rounds of cartridges for their muskets. 3d. That the General take the convicts brought iu by Colonel Ugartechea beyond the Kio Grande. 4th. That it is discretionary with the troops to follow their General, remain, or go to such point as they may deem proper; but iu case they should all or any of them separate, they are to have their arms, etc. 5th. That all the public property, money, arms, and munitions of war, be inventoried and delivered to General Burleson. 6th. That all private property be restored to its proper owners. CAPITULATION ENTERED INTO. 229 7th. That three officers of each army be appointed to make out the inven- tory and see that the terms of capitulation be carried into effect. 8th. That three officers on the part of General Cos remain for the purpose of delivering over the said property, stores, etc. 9th. That General Cos with his force, for the present, occupy the Alamo, and General Burleson with his force occupy the town of Bexar, and that the soldiers of neither party pass to the other, armed. 10th. General Cos shall, within six days from the date hereof, remove liis force from the garrison he now occupies. 11th. In addition to the arras before mentioned. General Cos shall be per- mitted to take with his force a 4-pounder and ten pounds of powder aud ball. 12th, The officers appointed to make the inventory and delivery of the stores, etc., shall enter upon the duties to which they have been appointed forthwith. 13th. The citizens shall be protected in their persons and property. 14:th. General Burleson will furnish General Cos with such provisions as can be obtained, necessary for his troops to the Rio Grande, at the ordinary price of the country. loth. The sick and wounded of General Cos' army, together with a sur- geon and attendants, are permitted to remain. 16th. No person, either citizen or soldier, to be molested on account of his political opinions hitherto expressed. 17th. That duplicates of this capitulation be made out in Castillian and English, and signed by the commissioner appointed, aud ratified by the commanders of both Armies. 18th. The prisoners of both armies, up to this day, shall be put at liberty. The commissionei's, Jose Juan Sanchez, Adjutant-Inspector; Don Ramon Musquiz, and Lieutenant Francisco Rada, and Interpreter Don Miguel Arciuiega, appointed by the Commandant and Inspector, General Martin Perfecto de Cos, in connection with Col. F. W. Johnston, Major R. C. Morris, and Captain J. C. Swisher, and Interpreter John Cameron, appointed on the part of General Edward Burleson, after a long and serious discussion, adopted the eighteen preceding articles, reserving their ratifica- tion by the Generals of both armies. In virtue of which, we have signed this instrument, in the city of Bexar, on the 11th of December, 1835. Jose Juan Sanchez, F. W. Johnson, Ramon Musquiz, Robert C. Morris, J. Francisco de Rada, James G. Swisher, Miguel Arcinega, Interpreter, John Cameron, Interpreter. I consent to, and will observe, the above article. MARTIN PERFECTO DE COS, Ratified and approved. EDWARD BURLESON, Commander-in-Chief Volunteer Army. 230 HISTORY OF TEXAS. While the army in the field was achieving this splendid triumph, the Council at San Felipe was engaged in legisla- tion. It was composed of thirteen members — too many for prompt executive action, and entirely too few for a legislative body. Its duties and powers w^ere not clearly defined, and it was soon manifest that it was composed of inharmonious materials. It is possible that Governor Smith was jealous of his prerogatives, and that the Council infringed u23on his legitimate authority. At any rate it beame evident that the Crovernor and his Council could not harmonize. On the 10th of December, the Council passed a bill calling a Gen- eral Convention. Governor Smith vetoed it because it allowed the municipality of Bexar four delegates, and permitted all Mexicans to vote. The first objection was overruled, and the second obviated by declaring that all Americans might vote, and such Mexicans as were opposed to a centralized government. The election was ordered for February 1st, 1836. The breach between the Governor and the Council con- tinued to widen, and after a long and bitter personal con- troversy, finally, on the lltli of January, 1836, the Council, by a unanimous vote, deposed the Governor, preferred formal charges against him, and installed Lieutenant Gov- ernor Robinson. The Governor issued a proclamation dissolving the Council, and retained the Archives, and continued to exercise the functions of his office. General Houston and some other officers recognized Governor Smith, and the Council, which continued to hold its sessions, recognized Governor Robinson. A week after the deposi- tion of Governor Smith, the Council failed for want of a quorum. On the 8th of February a quorum was present, and again on the 15th. On the 16th it adjourned to meet in the town of Washington, on the 22d of February, but a quorum never again met. While the Governor and his intractable Council were wrangling over questions of privilege and authority, the GENERAL AUSTIN'S COMMUNICATION. 231 people were canvassing the great question of Texan inde- pendence. * On the last of T^ovember, Stephen F. Austin, having resigned the command of the army, reported to the Council at San Felipe, preparatory to starting to the United States as Commissioner. On the question of the relation of Texas to the Mexican government, General Austin said : <' It may be out of place to speak of myself in such a communication as this, but I deem it right to say that I have faithfully labored for ye.irs to unite Texas permanently to the Mexican Confederation, by separating its local government and internal administration, so far as practicable, from every other part of Mexico, and placing it in the hands of the people of Texas, who are certainly best acquainted with their local wants, and could best harmonize in legislation for them. There was but one way to effect this union, with any hope of permanency or harmony, which was by erect- ing Texas into a State of the Mexican Confederation. Sound policy, and the true interest of the Mexican Republic, evidently required that this should be done. " The people of Texas desired it; and if proofs were wanting (but they are not) of their fidelity to their obligation as Mexican citizens, this effort to erect Texas into a State affords one which is conclusive to every man of judgment who knows anything about this country; for all such are con- vinced that Texas could not, and would not, remain united to Mexico with- out the right of self-government as a separate State." In another portion of his communication, Austin says: " At the time of the former elections, the people did not, and could not, fully understand their true situation ; for it was not known then, to a cer- tainty, what changes would take place in Mexico; what kind of government would be established ; or what course would be pursued towards Texas. It was only known then that the Central party was in power; that all its measures tended to the destruction of the Federal system, and that prepa- rations were making to invade Texas. "But, at the present time, the people know that the government is changed— that Centralism is established by the decree of the 'Sd of October last, and that they are threatened with annihilation. In short, the whole *A8 early as July 19th, 1835, a meeting of citizens was held on the Navidad, in Jackson County, James Kerr, Chairman, and Samuel Rogers, Secretary, which declared for independence. And on the 20th of December, the troops, under Captain Dimmit, and the citizens of Goliad, passed similar resolutions, and the people in the different portions of the province •expressed their acquiescence. 232 HISTORY OF TEXAS. picture is now clearly before their view, and they see the dangers that are hanging over them. Can these dangers be averted by a provisional organ- ization, which is based upon a declaration that is equivocal, liable to difier- ent constructions? Does not the situation of the country require a more fixed and stable state of things? In short, is it not necessary that Texas should now say in plain, and positive, and unequivocal language, what is the position she occupies, and will occupy ; and can such a declaration be made without a new and direct resort to the people, by calling, as speedily as possible, a convention, with plenary power, based upon the principle of equal representation, in proportion to the population? " These are questions of the most vital importance. I respectfully sub- mit them to the calm deliberation of the Provisional Government, in the full confidence that all the attention will be given to the subject which its importance demands. " Without expressing any individual opinion of my own, as to the time or day when the new election ought to take place, wliich would, perhaps, be indecorous in such a communication as this; the object of which is to lay the facts before the Provisional Government, I deem it my duty to say, that so far as I could judge of the opinions and wishes of the citizens Who were in the volunteer army when I left them on the 25th ult., they were in favor of an immediate election of a Convention with plenary power." In the above report, General Austin used very cautious language, and though he declared for a Convention with plenary powers, he did not explicitly commit himself to a declaration of independence. He, perhaps, then thought such a declaration premature. But after his arrival in New Orleans, he received additional information from Mexico, and found that, in order to secure the loan so necessary for Texas, a declaration of independence must be immediately put forth. And he accordingly wrote to the Provisional Government, advocating such a declaration. The general election was held on the 1st of February, 1836, and the Convention met on the 1st of March, 1836. Its official journal opens thus: "Convention of all the people of Texas, through their delegates elect." On motion of Mr. Geo. C. Childress, Mr. James Collings- worth, of Brazoria, was called to the chair, and Wm. A. Faris appointed secretary /r^ tern. After the roll of mem- bers was completed, on motion of Mr. Robert Potter, the Convention proceeded to elect a president, when Stephen KUINS OF THE SAN JOSE MISSION. DECLARATION OF INDEPENDENCE. 235 H. Everitt, of Jasper, nominated Richard Ellis, of Red River, who was unanimously elected. H. S. Kimble was elected secretary ; E. M. Pease, assistant secretary ; Iram Palmer, sergeant at arms ; John A. Hizer, doorkeeper, and M. Saul, engrossing clerk. Mr. George C. Childress offered the following : Resolved, That the president appoint a committee, to consist of five dele- gates, to draft a Declaration of Independence. Adopted. Whereupon the president appointed as the committee, Mr. Geo. C. Childress, of Collin, James Gaines, of Sabine, Edward Conrad, of Refugio, Collin McKinney, of Red River, and Bailey Hardeman, of Matagorda. On the second day, March 2d, Mr. Robert Potter moved the appointment of a committee of one from each municipality, to draft a constitution for the (contemplated) Republic of Texas, which was carried, and Messrs. Martin Parmer, chairman , Robert Potter, Chas. B. Stewart, Edwin Waller, Jesse Grimes, Robert M. Coleman, John Fisher, John W. Bunton, James Gaines, Lorenzo de Zavala, Stephen H. Everitt, Bailey Hardeman, Elijah Stapp, Wil- liam C. Crawford, Claiborne West, James Power, Jose Antonio Navarro, Collin McKinney, William Menifee, William Motley and Michael B. Menard were appointed the committee. On the same day, March 2d, Mr. Childress, chairman of the committee, reported the draft of a Declaration of Inde- pendence. , Mr. Houston moved that the report be received by the Convention, which was done. Gen. Sam Houston introduced the following resolution : Resolved, That the Declaration of Independence, reported by the commit- ^ tee, be adopted, that the same be engrossed and signed by the delegates of this Convention. And the question being put, the resolution was unan- imously adopted. 15 236 HISTORY OF TEXAS. After the Declaration of Independence, the Convention* was engaged until the 15th in j^reparing the Constitution. On the 17th of March the Constitution was adopted, and a Government, ad interi7n^ inaugurated, with David G. Burnet, President ; Lorenzo De Zavalla, Vice-President, and Sam Houston, Commander-in-Chief of the army in the field. The news of the stirring events in the west, prob- ably hastened the adjournment of the Convention ; and soon afterward the President and his Cabinet removed from Washington to Harrisburg.f * The Convention was composed of the following members : Municipality of Austin — Charles B. Stewart and Thomas Barnett; of Brazoria — James Collingsworth, Edwin "Waller, Asa Brigham and J. S. D. Byrom; q/" -Beo-Y/?* — Francis Ruis, J. Antonio Navarro, Jesse B. Badgett and William Motley ; of CoZor«^o— William Menifee and William D. Lacey ; of Go7izales—John Fisher and Matthew Caldwell ; of Nacogdoches — John S. Roberts, Robert Potter, Charles S. Taylor and Thomas J. Rusk; oj Hefagio — James Power and Sam Houston; of Shelby — Martin Parmer and Sidney O. Pennington; of Sabine — James Gaines and William Clark, Jr. ; of Harrisburg — Loi'enzo de Zavala and Andrew Briscoe; of Jasper — George W. Smyth and S. H. Everett; of Jackson — Elijah Stapp; ofjeffer^ son — Claiborne West and William B. Scates ; of Liberty — M. B. Menard, A. B. Harden and J. B. Wood; of Bastrop — John W. Bunton, Thomas J. Gazley and Robert M. Coleman; of Milam — Sterling C.Robertson and George C. Childress; of Matagorda — Bailey Hardeman and S. Rhodes Fisher; of San Patricio — John Turner and John W. Bower; of Washing- ton — Benjamin B. Goodrich, James G. Swisher, George W. Barnett and Jesse Grimes; of San Augustine — E. O. Legrand and Stephen W. Blount; of lied River — Robert Hamilton, Collin McKinney, A. H. Latimer, Samuel P. Carson, Richard Ellis and William C. Crawford; of Goliad — David Thomas and Edward Conrad. fThe following were the principal oflSLcers in President Burnet's Cabinet, appointed at the organization of the Government: Samuel P. Carson, Secretary of State; Tiiomas J. Rusk, Secretary of War; Bailey Harde- man, Secretary of the Treasury; Robert Potter Secretary of the Nuvy; David Thomas, Attorney-General. During this Government, which con- tinued until the 22d of October, 1836, there were many changes, and the following named persons were, for a time, members of the Cabinet, viz: — James Collingsworth and Wm. H. J:ick, Secretaries of State ; M. B. Lamar, F. A= Sawyer, A. Somervell ami Jolin A. Wharton, Secretaries of AVar; Peter W. Grayson, Attorney-General ; Bernard E. Bee, Secretary of the Treasury ; John R. Jones, Post-Master General. The following persons were also in oflSce under the Government ad interim: — Asa Brigham, Auditor; H. C. Hudson, Comptroller; Benjamin C Franklin, Judge for the District of Brazos. MILITARY OPERATIONS. 237 We will now return to military operations. After the capture of San Antonio, many of the soldiers in Burleson's •command, especially the Texans, returned to their homes. Others, encouraged by the success of the first essay at arms, were anxious for other enterprises. Captain Dim- mit, at Groliad, was, perhaps, the first to suggest the cap- ture of Matamoras, on the right bank of the lower Rio Grande. This was cordially seconded by Colonel Grant, who had assisted in the capture of San Antonio, and who had large landed possessions in Coahuila, and was a mem- ber of the Legislature dispersed by Cos. Johnson, Fannin and many others, were ready to enlist in the projected enter- prise. The Executive Council, acting independently of the Governor, authorized Fannin to act as agent in getting uj) and commanding a force for the capture of Matamoras ; and, at the same time gave similar authority to Johnson and Grant, and for the same purjDose. Not to be outdone in such a movement, Governor Smith ordered General Hous- ton to establish his headquarters in the west, and prej^are for a descent upon the same place. Grant and Johnson en- listed many of the men who had come with the JN'ew Or- leans Grays, and with such horses and munitions of war as could be collected around San Antonio, started for the south-west. They found Fannin in command at Goliad, and proceeded to the Nueces river, and Grant, with a party, went still further, to secure horses for Fannin's command. When Houston reached Goliad and learned of the oro-ani- zation of these independent expeditions, he gave up all pretensions to the command, and was elected a member of the Convention from Refugio. Dimmit, at Houston's sug- gestion, retired to Victoria. Neil, who succeeded Johnson at San Antonio, had left that place in command of W^m, B. Travis. CHAPTER IV. AANTA anna's TEXAS PROGRAMME— FALL OF THE ALAMO, AND FATE OF ITS BRAVE GARRISON — URRKA IN THE SOUTH-WEST— DEATH OF GRANT, MORRIS, &C — WARD AND KING AT REFUGIO — GOLIAD EVACUATED— BATTLE (JF COLITA — THE FANNIN MASSACRE -REFLECTIONS ON THE CONDUCT OF THE CAMPAIGN. /^N the 11th of May, 1835, Santa Anna gained a decisive ^^ victory over Governor Garcia, near Zacatecas, com- pleting the total destruction of the Republican party in Mexico. Texas was now the only State in which his au- thority was disputed ; and that able general immediately commenced his preparations for the subjugation of Texas. He proposed to send two columns into the province. Gen- eral Urrea was ordered to Matamoras, to take one division along the coast to Goliad, Victoria, &c., while the Presi- dent-General, himself with the main division, was to enter the province via Presidio, and thence to San Antonio, San Felipe, et cetera. Toward the last of January, 1836, Santa Anna reached Saltillo, and Guerrero, by the middle of February. From this place he wrote to Senior Tornel, Minister of War, giving the outlines of his programme in reference to Texas. It was " to drive from the province all who had taken part in the revolution, together with all the foreigners who lived near the sea coast, or the borders of the United States ; to remove far into the interior those who had not taken part in the war ; to vacate all lands and grants of land owned by non-residents ; to remove from Texas all who had come to the province, and were not en- tered as colonists under Mexican rules ; to divide among the officers and soldiers of the army the best lands, pro- vided they would occupy them ; to permit no Anglo- Amer- THE ALAMO AND ITS ARMAMENT. 239 ican to settle in Texas ; to sell the remaining vacant lands at one dollar per acre, allowing those speaking the French language to purchase five million acres, those speaking English the same, and those speaking the Spanish without limit ; to satisfy the claims of civilized Indians ; to make the Texans pay the expense of the war ; and to liberate and to declare free the negroes introduced into the colony." To cut off from Texas the hope of aid from the United States, Tornel issued a general order to all commanders, to treat all foreigners (meaning volunteers from the United States), as pirates. This order was subsequently plead in justification of the massacre of the garrison of the Alamo, and of Fannin's men at Goliad. On the 22d of February, a portion of the invading army reached the Alazan creek, a little west of the city of San Antonio, when Colonel Travis, with 145 efi^ective men, re- tired to the fortress of the Alamo, on the East side of the river. The Alamo and its Armament. — The main chapel is 75x62 feet ; walls of solid masonry, four feet thick and twenty-two and a half feet high : then roofless. It fronts to the west toward the city, one-half a mile distant. From the northwest corner a wall extended fifty feet to the con- vent building, now occupied by the Quartermaster's De- partment. The convent was a two-story building, with a flat roof 186x18 feet. From the northeast corner of the chapel a wall extended 186 feet north ; thence 102 feet west to the convent, inclosing the convent yard. From the southwest corner of the chapel a strongly built stockade extended 75 feet to a building called the prison. The prison was one story, 115x17 feet, and joined a part of the south wall of the main Alamo plaza, of which the convent formed a part of the east wall, and some low buildings, used as barracks, formed a part of the west wall. The main plaza, inclosed with walls, was 154x54 yards. The dififerent inclosures occupied between two and three acres ; 240 HISTORY OF TEXAS. ample accommodations for 1000 men. The outer walls were two and a half feet thick and eight feet high, though, as they were planned against the Indians, the fortress was destitute of salient and dominant points in case of a bom- bardment. A ditch, used for irrigation, passed immedi- ately in the rear of the church, another touched the north- west angle of the main square. Its Armament. — Three heavy guns were planted upon the walls of the church ; one pointed north, toward the old mill ; one west, toward the city, and one south, toward the L I ISI T m GROUND PLAN OF THE ALAMO. A. Chapel of tlie Fortress. B. Upper window. C. Front door of the Church. D. A wall 50 feet long, connectinj^ Church ^vith the long Bart-ack. E E. F. A low stone barrack, 114 feet long, and 17 wide. G, H, I and K. Rooms built against thd west barrier, and demolished with it. L. Barrier wall trom G to 8 feet high and 2^/ thick. M. Gate of tlie area. n n. Doors of liouses opening upon area. 0. A wall from 5 to 6 feet high, and 2^4^ thick, ■\\iiich inclosed -a smaller area east of the long barrack and north of the church. P. An upper loom in the south-east angle of said barrack. Q. A breach in the north harrier. R. An intreneliment running from the south-west angle- of the chapel to the gate. S. Represents a f'orie cochere, or wide passage througlf the centre of the house F, withi)nt one roouj t\n eHch side. The dotted Hues repre- sent a projecting stockade which covered a four-gun battery in front of the outer do9r. * *\ SIEGE UE THE ALAMO. 241 villao-e of Lavilleta. Two guns protected the stockade be- tween the church and the prison ; two protected the prison, and an eighteen-pounder was planted at the south-west ano-le of the main square. A twelve-pound carronade pro- tected the centre of the west wall, and an eight-pounder was planted upon the north-west angle. Two guns were planted on the north wall of the plaza ; in all fourteen in position. Over the church floated the flag of the Provis- ional Grovernment of Texas, the Mexican tri-color, with the numerals 1824 in place of the eagle in the white stripe. The Siege. — First day, February 23. Travis secured eighty bushels of corn and twenty or thirty beeves. About noon Santa Anna arrived in person, and sent a summons to the Texans to surrender. It was answered by a cannon shot. Second day. — Mexicans bombarded the fort without ef- fect. Travis sent out couriers to Goliad and to Washing- ino-ton for reinforcements. In his dispatches he said: "I shall never surrender or retreat." Third day. — Santa Anna removed his headquarters across the river, and made a personal reconnoissance. The Texans opened their batteries, killing two Mexicans and wounding six others. Late at night some of the Texans sallied out and burned some wooden buildings, behind which the Mexicans had taken a position. Fourth day. — The Mexicans made an unsuccessful at- tempt to cut off" the garrison from water. At night the Texans burned some buildings north of the walls. Sixth day.- — Travis sent out John N. Seguin and a corp- oral to hurry up reinforcements from Groliad. Eighth day, March 1st. — Thirty-two citizen soldiers of Gronzales entered the fort. In the afternoon a twelve-pound shot from the fort struck the house occupied by Santa Anna. Tenth day. — Colonel Bonham, who had been sent to Gro- liad for reinforcements,- re-entered the fortress. Travis 242 HISTORY OF TEXAS. dispatched a courier to the Convention. He wrote : " I am still here and well-to-do, with one hundred and forty-five men. I have held this place ten days against a force vari- ously estimated at from 1500 to 6000, and I shall continue to hold it till I get relief from my countrymen, or I will perish in its defense. We have had a shower of cannon balls continually falling among us the whole time, yet none of us have fallen. We have been miraculously preserved. * * We are completely surrounded by the enemy, who have batteries in Bexar, only 400 yards to the west ; one at Lavilleta, 300 yards south ; at the Powder House, 1000 yards east by south ; on the ditch, 800 yards north- east, and at the old mill, 800 yards north." Travis now despaired of succor, and according to an account published in 1860 by a Mr. Rose, announced to his companions their desperate situation. After declaring his determination to sell his life as dearly as possible, and drawing a line with his sword, Travis exhorted all who were willing to fight with him to form on the line. With one exception, all fell into the ranks, and even Bowie, who was dying with the consumption, had his cot carried to the line. The man who declined to enter the ranks, that night made his es- cape. [This tale is incredible, since he reported large pools of blood in the ditch, close to the wall, when no Mexican had then approached within rifle shot.] .Eleventh day. — The Mexicans continued to bombard the fort. The Texans, being short of amnmnititm, seldom fired. In the evening Santa Anna called a council of offi- cers, and in spite of the remonstrance of some of his gen- erals, resolved to storm the fortress. His orders were pre- pared very carefully, and given with great minuteness. There were to be four columns of attack, led by his most experienced generals. Each column was supplied with axes, crowbars and scaling ladders. His entire cavalry force was paraded in the rear, to prevent the desertion of his own troops, and to intercept any Texans who might attempt to escape. STORMING OF THE ALAMO. THE FALL OF THE ALAMO. 245 The Fall.— Sunday March 6. A little after midnight, the different divisions of the Mexican army silently march- ed to their assigned positions. At -four o'clock the bugle sounded, and the whole line advanced to the final assault. Santa Anna, with all the bands, was behind an adobe house, about 500 yards south of the church. The Texans were ready, and, according to Filisola, "poured upon the ad- vancing columns a shower of grape and musket and rifle balls." Twice the assailants reeled and fell back in dis- may. Rallied again by the heroic Castrellon (who fell at San Jacinto), they approached the walls the third time. We again quote from Filisola : " The columns of the west- ern and eastern attacks meeting with some difficulty in reaching the tops of small houses forming the wall of the fort, did, by a simultaneous movement, to the right and to the left, swing northward until the three columns formed one dense mass, which, under the guidance of their officers, finally succeeded in efifecting an entrance into the enclosed yard. About the same time the column on the south made a breach in the wall and captured one of the guns." This gun, the eighteen-pounder, was immediately turned upon the convent, to which some of the Texans had retreated. The carronade on the center of the west wall was still manned by the Texans, and did fearful execution upon the Mexicans who had ventured into the yard. But the feeble garrison could not long hold out against such overwhelm- ina: numbers. Travis fell early in the action, shot with a rifle ball in the head. After being shot he had sufficient strength to kill a Mexican who attempted to spear him. The bodies of most of the Texans were found in the build- ing, where a hand-to-hand fight took place. - The body of Crockett, however, was in the yard, with a number of Mexicans lying near him. Bowie was slain in his bed, thouo-h it is said he killed two or three of the Mexicans with his pistol as they broke into his room. The church was the last place entered by the foe. It had been agreed 246 HISTORY OF TEXAS. that when further resistance seemed useless, any surviving- Texan should bl(nv up the magazine. Major Evans was applying the torch when he was killed in time to prevent the ex2:>losion. It was reported that two or three Texans, found in a room, appealed in vain for quarter. The sacrifice was complete. Every soldier had fallen in defense* of the fort. Three non-combatanis were spared — a negro servant of Col. Travis, and Mrs. Alsbury and Mrs. Dickinson. Lieut- enant Dickinson, with a child on his back, leaped from an upper window in the east end of the church ; but their life- less bodies fell to the ground riddled with bullets. One hundred and eighty bodies of the Texans were collected together in a pile and partially burned. Well-informed Texans put the loss of the Mexicans at twice that number. The official report of the Mexican Adjutant General left in command at San Antonio, puts their loss at 60 killed and 251 wounded. On the 25 th of February, 1837, the bones of their victims were collected by Col. John JV. Seguin, then in command at the place, and decently and honorably interred. Simultaneously with the advance of Santa Anna, General XJrrea had proceeded along the Texas coast, reaching San Patricio on the 28th of February. It seems incredible that the Texans should have been kept in ignorance of this movement; but so it jvas. Major Morris, Dr. Grant and about forty Texans were out hunting horses, when Urrea's party passed, them undiscovered. Colonel F. W. Johnson and a few others were in the village of San Patricio when the Mexicans reached the neighborhood. The Mexican citizens had notice of the approach of Urrea, and were told to keep lights burning in their houses, so that their friends might know them. It so happened that Colonel Johnson was writing until a late hour, and before his light was extin- iruished, learned that the town was in the possession of IFrrea, and he and four companions — Messrs. Tone, Beck,> Toler and Miller — made their escape. MEXICAN INVASION. 247 Colonel Grant, witli about forty men, liad been absent some ten clays on a scout for horses. They had followed a party of Mexicans to the Rio Grande, and secured a num> ber of horses and some prisoners, and were returning to Col* Johnson's headquarters at San Patricio. On the night in which Urrea captured the town, Grant and his party camped on the Agua Dulce creek, twenty-six miles to the south-west. From prisoners captured, the Mexicans learned that Grant's party were expected back, and Urrea sent out a strong cavalry force for their capture. When they were discovered, Grant, Morris, Benevedes and Brown were riding considerably in advance of the cavallado of horses driven by their companions. At Grant's request, Benevedes made his escape, and hastened to Goliad to give Fannin notice of the Mexican invasion. Grant and Morris were killed, and Brown taken a prisoner, by being las- soed. The other Texans were all killed. (See Brown, Grant, etc.) Colonel Fannin had been ordered first to Velasco, on recruiting service, and subsequently to the West, and invested with authority (as agent) to prepare for a descent upon Matamoras. He was in command at Goliad, with about 400 men, mostly of the Georgia battalion, preparing for the expedition to the Rio Grande, when he heard of the invasion of the country by Santa Anna. Col. Bonham, from San Antonio, reached Goliad on the day that Urrea took San Patricio. Fannin at first resolved to go to the relief of Travis in the Alamo. But his gun-carriage broke down, and he lacked the means of transportation. During the delay caused by the accident, he heard of the advance of Urrea and the capture of San Patricio. He then re-entered Goliad, and put the place in a thorough state of defence. He at once dispatched Captain King, with twenty-eight men, to remove some families from Refugio. This was March 3d. King, instead of hastening back, as ordered, remained at Refuo-io, and sent to Goliad for more troops, as he was 248 HISTOEY OF TEXAS. threatened with an attack. To Fannin this delay was vexatious, as he wished to fall back across the Guadalupe river, to which point he had been ordered by General Houston. But he immediately sent Lieutenant-Colonel Ward with 112 men to King's relief. Before Ward reached Befugio, King had been attacked by a party of cavalry. The enemy was repulsed with severe loss. Ward joined King in the old Mission on the evening of the 13th. That night they were attacked by a superior force of Mexicans, who w^ere again repulsed with heavy loss, and as they retreated, they were pursued by the companies of Ward and King. In the darkness the two were separated. Ward made his way back to the Mission. King and his men became bewildered, and finally got lost, and were the next day captured and put to death by order of Urrea. * Unwilling to leave Ward and King, Fannin successively sent four couriers to hurry them back to join him in the retreat. These all fell into the hands of the Mexicans and were put to death. On the 16th of March Fannin was reinforced by a company of twenty-eight cavahy, under Captain A. C. Horton. He j^repared for a retreat the same day, and a portion of the cannon were thrown into the river ; but just at night, while Horton was out reconnoitering, he discovered a laro-e force of the enemv in the immediate neighborhood. Apprehending an attack during the night, the cannon were hastily remounted, and preparations made for defence. * The above is the common version of this unfortunate affiiir. Mr. S. T. Brown, one of Ward's men, who escaped the massacre, gives a different account. He says, that, on the morning of the 16th, Ward and King differed as to who should command, wlien King with forty-six men withdrew from the fort, and was captured and all his men shot. In the fight, three of Ward's men were wounded. As Ward had positive orders to fall back and join Fannin at Victoria, he supplied the wounded with water, and left them in the Mission and fell back to the Guadalupe river; but before he reached Victoria, the disastrous battle of Colota had been fought, and he and most of his men were captured, and shared the fate of their companions under Fannin. The three wounded left in the Mission were taken out and shot, 8^ i Kefugio, with King's men. ) \ I / BATTLE OF COLITA. '249 Battle of Colita. — The morning of the 17th was foggy, and no enemy appearing in sight, about ten o'clock the army evacuated the fort, and took up the line of march for Victoria. After crossmg the Menawhila creek, about eight miles from Goliad, they halted to permit the oxen to graze. They had resumed the march and were within about two miles of the Colita creek, when a company of Urrea's cavalry was discovered in front and a little to their left, issuing from a point of timber. During the, morning fog the Mexicans had passed around and in front of Fannin to intercept his march. Horton and his cavalry had gone forward to make arrangements for crossing the river, and, if possible, to secure reinforcements. They Avere unable to join their companions. The Texans halted and made hasty preparations for a fight. A charge of Urrea's cavalry was gallantly repulsed by Fannin's artillery, which also poured a deadh^ fire upon the Mexican infantry. In a second charge the Mexicans suffered a still heavier loss. The fi^'ht con- tinned until dark, when the Mexicans retired out of gun- shot, and the Texans improved the time throwing up tem- porary breastworks. Fourteen of their number had been either killed or mortally wounded. Sixty others, including Colonel Fannin, were wounded. Before daylight Urrea received heavy reinforcements, including a park of artillery. With no adequate protection against the enemy's cannon ; in an open prairie, without water, for which the w^ounded, especially, were suffering, surrounded by an enemy of five times their number, the Texans were in a desperate condi- tion. What could they do but surrender as prisoners of war ? A white fla^g was raised and the following terms of surrender agreed upon : 1. That the Texans should be treated as prisoners of war according to the usages of civilized nations. 2. That private property sRouJd be respected and restored, but the side arms of the officers should be given up. 3. The men should be sent to Copano, and thence in eight days to the United States, or as soon as vessels could be pro- 250' HISTORY OF TEXAS. cured to take them. 4. The officers should be paroled and returned to the United States in like manner. The prisoners were taken back to Goliad and confined in the old Mission. They were joined b}^ the men captured with Ward on the 25th. All were cheerful in the prospect of a speedy liberation. While they were enlivening their prison on the evening of the 26th in singing " Home, Sweet Home," an order arrived from Santa Anna for their imme- diate execution ! The Massacre. — On the morning of the 27th — Palm Sunday — without warning, and under the pretext that they were starting to be sent home, the privates w^ere marched out first, in four companies, strongly guarded. They were taken in different directions, so that no two were close together, and when a short distance from the walls of the mission, the four divisions were halted and shot ! The most were instantly killed ; some, who were only wounded, were dispatched with sabres, and a few, by lying still and feigning death until dark, escaped. The officers and the wounded were still in the fort, and heard the firing and the shrieks of the wounded and dying. They, too, were immediately marshalled in line and marched out to meet the fate of their companions. Fannin was the last to suffer. (See Fannin and Shackleford.) * In subsequent years, Santa Anna pleaded the obstinancy of Travis, and their stubborn resistance, after all resistance was useless, as an excuse for putting the last man of the brave garrison of the Alamo to the sword. But for the horrible massacre of Fannin's men, he offered no excuse ; * Reports do not agree as to the exact number put to death. Foote makes the number 330. The names of most of the victims may be found in the Texas Almanac for the year 1860. According to that statement, the whole number killed was 385. Ei'ht physicians and attendants were spared, and twenty-seven of those marched out to be slaughtered made their escape. Major Miller, with eighty volunteers, had just landed at Copano to join the Texas army ; but his men were without arms, and were uot included in the . order for execution. ! DISASTROUS DISAGREEMENTS. 251 none could be offered. It was a cold-blooded, deliberate murder of prisoners of war, and should stamp its perpe- trators with eternal infamy. After the splendid achievement of the raw militia of Texas in the capture of the strongly-fortified city of Bexar, defended by more than twice their number of veteran Mex- ican regulars, it is painful in the extreme, to record the disasters of the opening campaign of 1836. It seems useless now to speculate as to the cause or causes of those disas- ters, which threatened the destruction of the Texas army. In General Houston's last speech in the United States Sen- ate, he reviews these events, and lays a large share of the blame on Colonel Fannin, who, " disregarding the orders of the commander-in-chief, became, by countenance of the •Council, a candidate for commander of the volunteers." In that speech, great injustice is done to Fannin, who had been appointed by the Lieutenant- Grovernor and Council, and who implored orders from Houston himself, or from the •Council, but whose only order was from Governor Robinson, ''To make no retrograde movement." As we have stated, Houston still recognized Smith as governor, and by virtue of his authority, had ordered Colonel 'Neil to evacuate San Antonio, and Captain Dimmitt to evacuate Goliad. These officers obeyed Houston, taking such men as chose to fol- low their lead ; and Neil fell back to Gonzales, and Dimmitt to Victoria. But at the same time, Travis, acting under the authority of the Council, remained in command at San Antonio, and Fannin took command at Goliad. But this is not all, nor even the worst. At San Antonio, Bowie con- tended for the right to command over Travis, by virtue of his longer service, if not superior rank ; and so sharp was the contest, that Crockett, after reaching the city, threat- s. Every evolution was performed with alacrity, the whole advancing rapidly in line, and through an open prairie, without any protection whatever for our men. The Artillery advanced and took station within two hundred yards of the enemy's breastwork, and commenced an effective fire with grape and can- nister. Colonel Sherman, with his regiment, having commenced the action upon our left wing, the whole line, at the center and on the right, advancing in double quick time, rung the war cry, ''Remember the Alamo," received the enemy's fire, and advanced within point-blank shot before a piece was discharged from our lines. Our line advanced without a halt, until they were in possession of the woodland and the enemy's breastwork, the right wing of Burleson's and the left of Millard's taking possion of the breast- work; our Artillery having gallantly charged up within seventy yards of the enemy's cannon, when it was taken by our troops. The conflict lasted about eighteen minutes from the time of close action until we were in pos- session of the enemy's encampment, taking one piece of cannon (loaded), four stand of colore, all their camp eqnipage, stores, and baggage. Our Cavalry had charged and routed that of the enemy up')n the right, and given pursuit to the fugitives, which did not cease until they arrived at the bridge wliich I have mentioned before— Captain Karnes, always among tlie foremost in danger, commanding the pursuers. The conflict in the breast- work lasted but a few m)mcnts; many of the troops encountered hand to hand, and not having the advantage of bayonets on our side, our riflemen used their pieces as war clubs, breaking many of them off at the breech. The rout commenced at half-past four, and the pursuit by the main army continued until twilight. A guard was then left in charge of the enemy's encampment, and our army returned with their killed and wounded. In the battle, our loss was 2 killed, and 23 wounded, of whom mortally. The enemy's loss was 630 killed; among whona were 1 General otficor, 4 ColoHels, 2 Lieutenant-Colonels, 5 Captains, 12 Lieutenants ; wounded, 208; 268 HISTORY OF TEXAS. of which were 5 Colonels, 3 Lieutenant-Colonels, 2 Second Lieutenant- Colonels, 7 Captains,! Cadet; prisoners, 730; President-General Santa Anna, General Cos, 4 Colonels, (Aids to General Santa Anna), and the Colonel of the Guerrero Battallion, are included in the number. General Santa Anna was not taken until the 22d, and General Cos on yesterday, very few having escaped. About 600 muskets, 300 sabres, and 200 pistols, have been collected since the action; several hundred mules and hordes were taken, and near twelve thousand dollars in specie. For several days previous to the action, our troops were engaged in forced marches, exposed to excessive rains, and the additional inconvenience of extremely bad roads, illy supplied with rations and clothing; yet, amid every difficulty, they bore up with cheerfulness and fortitude, and performed their marches with spirit and alacrity. There was no murmuring. Previous to and during the action, my staff evinced every disposition to be useful, and were actively engaged in their duties. In the conflict, I am assured that they demeaned themselves in such a manner as proved tliem worthy members of the army of San Jacinto. Colonel T. J. Rusk, Secre- tary of AVar, was on the field. For weeks his services had been higlily beneficial to the army ; in battle he was on the left wing, where Colonel Sherman's command first encountered and drove the enemy; he bore him- self gallantly, and continued his efforts and activity, remaining with the pursuers until resistance ceased. I have the honor of transmitting herewith a list of all the officers and men who were engaged in the action, which I respectfully request may be published, as an act of justice to the individuals. For the Commanding General to attempt discrimination as to the conduct of those who command- ed in the action, or those who were commanded, would be impossible. Our success in the action is conclusive proof of their daring intrepidity and courage ; every officer and man proved himself worthy of the cause in which he battled, while the triumph received a lustre from the humanity which characterized their conduct after victory, and richly entitles them to the admiration and gratitude of their General. Nor should we withhold the tribute i)f our grateful thanks from that Being who rules the destinies of nations, and has in the time of greatest need enabled us to arrest a pow- erful invader whilst devastating our country. I have the honor to be, with high consideration, your obedient servadt, Sam. Houston, Comma nder-in- Chief. The Texas campaign of 1836 furnishes one of the most interesting and remarkable chapters in American history. The population of the province amounted to only a little over 30,000 ; that of Mexico to over 7,000,000. Texas could hardly be said to have an organized government. It was disturbed by divided counsels, and under the control of distrusted leaders, and was destitute of money and credit, Plan of Battll. 270 . HISTORY OF TEXAS. and of quartermasters' or commissary stores. The Gov- ernment of Mexico was a centralized despotism ; complete- ly controlled by the brave and experienced Santa Anna. The opening of the campaign was fearfully disastrous to the Texan cause. San Antonio and Groliad had been cap- tured, and the massacre of all the men engaged in the defense of these posts furnished an index of the character of Santa Anna; and it was such as might appall the bravest, and dishearten the most hopeful. Successfully, and without serious resistance, the victorious Mexicans marched from San Antonio and Goliad, to the extreme eastern borders of Austin's colony, crossing the Guadalupe, the Colorado, and the Brazos rivers, leaving the finest por- tions of Texas without inhabitants, and its principal towns .smouldering ruins. ]S"otwitlistanding these disheartening events, a few brave men, under Houston, Sherman, Burleson, Rusk and other heroic leaders, rallied around the flag of the Lone Star Republic, fully resolved to keep it afloat or perish beneath its folds. By forced marches they threw themselves on the flank of the foe, burned the bridge, and left themselves no alternative but victory or death. The remark has often been made that the soldiers of San Jacinto never jest about the events of that decisive day. The work was too serious. The fate of Texas and the Texans hung in too uncertain balance ; and then and there they resolved to decide it at the cost of their blood and lives. According to all human calculations their cause was all but hopeless. Santa Anna had the heavy battallions, the overwhelming numbers, the veteran commanders and troops. To him the victory ought to have been easy. But his opponents, though few in number, and but poorly supplied with the munitions of war, were simply invincible. The student of history is often led to the conclusion that a superintending Providence guides the afl^airs of nations. It w\as manifestly the design of that Providence that Amer- REFLECTIONS. 271 ican ideas, and institutions, and people, should possess and develop the resources of this splendid country. Though the numbers engaged in the battle of San Jacin- to were insignificant when compared with other great bat- tles, the result was important. It secured immediately the establishment of the Republic of Texas ; and ultimate- ly its annexation to the United States. Upon this follow- ed the war with Mexico, and the transfer of the vast inte- rior region, from the Rio Grande to the Pacific ocean, from the Mexican to the American flag, thus changing the map of North America. Again, without the acquisition of Texas it is hardly prob- able the Southern States would have ventured upon the experiment of secession ; the result of which was the great civil war, and finally the emancipation of four millions of slaves ; thus materially changing the whole labor system of the South. For over a century Texas had been under Spanish and Mexican domination, and with the exception of colonists introduced mainly by American enterprise during the last decade, population had steadily diminished. Since that period, in less than half a century our populution has in- creased from a few thousands, to two millions, with a cor- responding increase in wealth, commerce, products, and the means of moral and intellectual culture. Who can doubt that a super-human wisdom and power guided the affairs of Texas in that critical period of her history ? CHAPTER VII. PRESIDENT BURNET AT GALVESTON— RETREAT OF FILISOLA— TREATY WITH SANTA AXNA — FEELING IN EAST TEXAS— DIFFICULTIES OF THE PRESIDENT AND HIS CABI- NET — ATTEMPT TO ARREST THE PRESIDENT — ANOTHER MEXICAN INVASION THREAT- ENED— NAVAL OPERATIONS— MORTIT'S REPORT ON TEXAS— ELECTION— MEETING OP CONGRESS^— CONSTITUTIONAL GOVERNMENT. (a) FTER leaving Harrisburg, President Burnet and Vice- -^^ , President Zavalla went to their homes near Lynch- burg. The former put his family on a small boat, and was just leaving l^ew Washington as a squad of Mexican cav- alry under Almonte dashed into the place. Temporarily, the Executive Department was established at Galveston. As soon as the President heard that the army was on Buf- falo Bayou, he and Mr. Potter loaded some vessels with supplies and started them up to Harrisburg ; but the boats got aground, or met with other detention, so that they did not reach the army until after the battle. On the 23d of April, Burnet wrote to Colonel Rusk, suggesting that, if necessary, the army could fall back to Galveston, and make a final stand on that island. Four days later, but before the news of the victory had reached the island, Warren D. C. Hall, Acting Secretary of War, addressed a similar letter to General Houston. Cannon had been transported from the Brazos ; and, under the supervision of Col. James Morgan and Col. A. Huston, the island had been put in a tolerable state for defense. It was six days before news of the battle reached Gal- veston, and then President Burnet, and such members of the Government as were with him, hastened up to the bat- tle-field, arriving there on the first of May. (See Calder, R. J.) RETREAT OF FILISOLA. 275 Immediately after the capture of Santa Anna, that officer wrote to Filisola to countermarch to Bexar and await further orders ; and to direct General Urrea to fall back to the Guadalupe at Victoria. Filisola immediately com- menced his retreat. He camped at Powel's, on the Ber- nard, on the 25th, where he was joined by Gaona, who had passed from the neighborhood of Burton down the Bernard, and also by Urrea, from Brazoria. Filisola then had an army of over four thousand men. But his ammunition had been injured, and he was not in a condition to fight, even if he had not felt obliged to obey the orders of the captive President-General. At Lynchburg, President Burnet reorganized his cabinet. Mr. Carson, Secretary of State, had been compelled to resign on account of declining health, and James Collinsworth took his place. David Thomas had been accidentally killed, and Peter W Grayson became Attorney-General. General Houston, who had been severely wounded in the battle, resigned the command of the army to go to New Orleans for surgical aid, and Mr. Busk succeeded to the command, and General Lamar became Secretary of War. Messrs. Zavalla, Potter and Hardeman were at their posts. For better accommodations, on the 8th of May the President and his Cabinet, and Santa Anna and staff, left Lynchburg for Velasco, which became the temporary seat of Govern- ment. There, on the 14th of May, a treaty was entered into between the President of Texas, and a majority of his Cabinet, and Santa Anna. Some of Mr. Burnet's Cabinet were opposed to the treaty, especially that provision by which Santa Anna was to be released and sent home. Messrs. Ben. Fort Smith, and Henry Teal were sent with a copy of this treaty to Filisola for ratification. The Commissioners found the Mexican General at Goliad on the 26th of May. The treaty was examined, and Messrs. Tolsa and Amat, of his staff, ratified it on behalf of the Mexican army in the 17 276 HISTORY OF TEXAS. field. Filisola continued his retreat and crossed the Rio Grrande in June. The following is Santa Anna's letter to Filisola, accompa- nied by a copy of the public treaty : Excellent Sir: Annexed I send to your Excellency the Articles of the Agreement entered into by me, with his Excellency David G. Burnet, President of the Eepublic of Texas, for your information and fulfillment of the same to its full extent, in order that no complaints may arise tending to cause a useless rupture. I expect to receive without any delay your Excel- lency's answer by this same opportunity, and accept in the meantime my consideration and regard. God and Liberty Antonio Lopez de Santa Anna. To His Excellency General of I>ivision, Don Vicente Filisola. Articles of an Agreement entered into, between his Excellency David G. Burnet, President of the Republic of Texas, of the one part, and General Antonio Lopez de Santa Anna, President, General-in-Chief of the Mexican army, of the other part. Art. 1. General Antonio Lopez de Santa Anna agrees that he will not take up arms, nor will he exercise his influence to cause them to be taken up, against the people of Texas during the present war of Independence. Art. 2. All hostilities between the Mexican and Texau troops will cease immediately, both on land and water. Art. 3. The Mexican troops will evacuate the Territory of Texas, passing to the other side of the Rio Grande del Norte. Art. 4. The Mexican army in its retreat shall not take the property of any person without liis consent and just indemnification, using only such articles as may be necessary for its subsistence in cases where the owner may not be present ; and remitting to the Commander of the Army of Texas, or to the Commissioners to be appointed for the adjustment of such matters, an account of the value of the property consumed, the place where taken, and the name of the owner, if it can be ascertained. Art. 6. That all private property, including cattle, horses, negro slaves, or indentured persons, of whatever denomination, that may have been cap- tured by any portion of the Mexican army, or may have taken refuge in the said army since the commencement of the late invasion, shall be restored to the Commander of the Texan army, or to such other persons as ma}- be appointed by the Government of Texas to receive them. Art. 6, The troojjs of both armies will refrain from coming into contact with each other, and to this end the Commander of the army of Texas will be careful not to approach within a shorter distance of the JNIexican army than five leagues. Art. 7. The Mexican army shall not make any other delay on its march tlian that which is necessary to take up their hospitals, baggage, etc., and to cross the rivers: any delay not necessary to these purposes to be cousidei'ed an infraction of this agreement. PUBLIC TREATY. 277 Art. 8. By express, to be immediately dispatched, this agreement shall be sent to General Vicente Filisoia and to General T. J. Rusk, Commander of the Texan army, in order that they may be apprised of its stipulations, and to this end they will exchange engagements to comply with the same. Art. 9. That all Texan prisoners now in possession of the Mexican army or its authorities be forthwith released and furnished with free passports to return to their homes, in consideration of which a corresponding number of Mexican prisoners, rank and file, now in possession of the Government of Texas, shall be immediately released. The remainder of the Mexican prisoners that continue in possession of the Government of Texas to be treated with due humanity ; any extraordinary comforts that may be fur- nished them to be at the charge of the Government of Mexico'. Art. 10. Genei-al Antonio Lopez de Santa Anna will be sent to Vera Cruz as soon as it shall be deemed proper. The contracting parties sign this instrument for the above-mentioned pur- poses, by duplicate, at the Port of Velasco, this Uth of May, 1836. David G. Burnet, Antonio Lopez de Santa Anna. James CoiiLiNswcBTH, Secretary of State. Bailey Hardeman, Secretary of the Treasury P. W. Grayson, Attorney-General. Goliad, 25th May, 1836. Excellent Sir: When on the point of taking up my march with the army I have the honor to command, I received your Excellency's cr)mmu nication announcing the agreements made by your Excellency with the Commander of the Texian forces. Previous to the reception of those agreements I was disposed to obey your prior orders, communicated to me ofiicially ; in fulfillment of them I was already on my march, and continued therein on this very day; nor shall there be any other delay than what may be absolutely necessary for transporting the sick, trains, stores, and muni- tions of war, as is provided for in the treaty. Inasmuch as the said treaty is duly drawn up, agreed to, and ratified by your Excellency, in the chai-acter of President of the Republic, and Commander-in-Chief of the Army of Operations, I cannot fail to obey it in all its parts, and have acted in con- formity since the commencement. For I have scrupulously performed that part respecting property, prisoners and payment of what has been furnished to the army for its subsistence. Agreeably to the treaty aforesaid, I will also enter into arrangements with the Commander of the Texian forces for a mutual fulfillment of its stipulations and adjustment of claims which may arise. God and Liberty Vicente Filisola. To His Excellency, General Don Antonio Lopez de Santa Anna, Pres- ident of the Hepublic. The preceding is the public treaty. The secret one, as found in Yoakum, Vol. 2, iVppendix No. 5, page 528, is as follows : 278 HISTORY OF TEXAS. SECRET AGREEMENT. Port of Velasco, May 14th, 1836. Antonio Lopez de Santa Anna, General-in-Chief of the Army of Opera- tions, and President of the Republic of Mexico, before the Government established in Texas, solemnly pledges himself to fulfill the stipulations contained in the following articles, so far as concerns himself: Article 1. He will not take up arms, nor cause them to be taken up, against the people of Texas, during the present war for Independence. Art. 2. He will give his orders that in the shortest time the Mexican troops may leave the Territory of Texas. Art. 3. He will so prepare matters in the Cabinet of Mexico, that the mission that may be sent thither by the Government of Texas may be well received, and that by means of negotiations all differences may be settled, and the Independence that has been declared by the Convention may be acknowledged. Art. 4. A treaty of comity, amity, and limits, will be established between Mexico and Texas, the territory of the latter not to extend beyond the Rio Bravo del Norte. Art. 5. The present return of General Santa Anna to Vera Cruz being indispensable for the purpose of effecting his solemn engagements, the Gov- ernment of Texas will provide for his immediate embtu'kation for said port. Art. 6. This instrument being obligatory on one part, as well as on the other, will be signed in duplicate, remaining folded and sealed until the negotiations shall have been concluded, when it will be restored to His' Excellency, General Santa Anna — no use of it to be made before that time, unless there should be an infraction by either of the contracting parties. Antonio Lopez de Santa Anna, David G. Burnet. James Collinsworth, Secretary of State. Bailey Hardeman, Secretary of the Treasury. P. W. Gratson, Attorney-General. East Texas had escaped actual invasion, though suffering much from the exi:)ected arrival of Gaona, who was known to be on the march for JN'acogdoches. That portion of the province had a considerable populiition of Mexicans, who, owing to controversies about old land titles and claims, cher- ished no good feeling for their American neighbors. They also suspected the fidelity of the numerous bands of Indians who had squatted on land claimed by the Cherokees and their associate bands. It was feared that any disaster to the Texans would be seized upon by these Indians, who might murder the settlers to secure their lands. Fortu- nately, John A. Quitman, of Mississippi, arrived in Nacog- SANTA ANNA A PRISONER. 279 doches early in April, with a small military company, which afforded ample protection to families, whether remaining on Texas soil, or crossing the Sabine river into Louisiana. Although the great victory at San Jacinto had, for the time, banished Mexican soldiers from the soil of Te'xas, except as j^risoners of war, it still left many embarrassing questions for the solution of the Government ad interim. The army had moved to the west to see that the retreating Mexicans observed the provisions of the treaty. As the time expired for which they had severally enlisted, they were discharged ; but volunteers continued to arrive and swell the ranks, until there were nearly two thousand men in camps. But the country had been deserted by its inhab- itants, and overrun by the Mexicans, and provisions were exceedingly scarce. Under these circumstances the men became dissatisfied ; and citizens had reason to complain that their horses and cattle, and even their corn for bread and for seed, were taken by parties of soldiers, without officers, who were constantly passing through the western settlements. After proceeding as far west as Goliad, and seeing the Mexicans safely out of the country. General Rusk collected the remains of the victims of the Fannin massacre, and had them decently interred. He then returned to the neighbor- hood of Victoria. The most difficult and embarrassing question was the disposition to be made of the captive President of Mexico. The President and three members of his cabinet were for releasing him and sending him home according to the literal terms of the treaty, which all parties had signed. But two members were violently opposed to this, and wanted him tried by a drum-head court-martial. The Texas schooner Invincible, commanded by Captain J. Brown, was at Velasco, and on the 1st of June, Santa Anna, Almonte, Munez, and Caro were placed on board to be sent to Vera Cruz. Messrs. Zavilla and Hardeman were to go out as Commissioners, to negotiate a treaty with Mexico. The peojole, generally, dis- 280 HISTORY OF TEXAS. approved this step. A public meeting was held, and resolutions passed, demanding that the prisoners be brought back on shore. To add to the difficulties, on the 2d of June a number of volunteers arrived from 'New Orleans, under T. Jeiferson Green, who threatened hostile demon- strations if the vessel was allowed to sail with the prisoners^ Such was the excitement, that the President reluctantly yielded to the clamor ; Santa Anna and his suite were dis- embarked, and taken in charge by the military, and kept in close confinement, until after the meeting of Congress. During this excitement, every member of the Cabinet threatened to resign, and let the Government dissolve ; but Burnet induced them to retain office until an election could be ordered.* In the meantime, the excitement had reached the army, and at a mass meeting of the soldiers a resolution was passed ordering Burnet's arrest. The first intimation he had of this state of feeling was the receipt of an angry letter signed by a large number of the officers, from which we make a short extract : " The subject of General Santa Anna, we heard with indignation. That the proposition has been seriously debated by jou and your Cabinet as to- ^President Burnet gives this account of the feeling of his cabinet officers,, during this trying period : '^The violent and dictatorial language of the army, the pragmatic and senseless denunciation of the newly arrived vol- unteers, and the overheated anathemas of many citizens, all concentrated in one portentous mass upon the members of the administration, and especially on myself, were well calculated to weary the patience of men who had rather consented to discharge the arduous duties, than courted the honors or emoluments of office. At the moment the tumult had reach- ed its acme of excitement, it was seriously proposed in Cabinet council to make a simultaneous surrender of the Government to the people, the foun- tain of all political power. The proposition was, I believe, congenial with the individual feelings of every memljer present; but I resisted it, on the gi'ound that an abandonment at such a juncture, would throw Texas into irretrievable anarchy and confusion. I felt, in common with my associates, the injustice and the cruelty of the denunciations against us ; but I also felt that the well-being of the country demanded a sacrifice of feeling; and I preferred being abused for a season, to the abdication of my office and the jeopardizing of every hope of success in the great enterprise, the establish- ment of the independence of Texas, to which I had solemnly pledged my utmost exertions." ATTEMPT TO ARREST BURNET. 281 the policy of turning him loose, and that some of you propose his liberation. That we should suspect the purity of the motive which suggested such a policy, you must not doubt. It is well known by whom he was captured, and at what risk, and we will not permit him to be liberated until a consti- tutional Congress and President shall determine that it is expedient; and should he be liberated without the sanction of Congress, the army of citizen soldiers will again assume the privilege of putting down the enemies of Texas." The excitement against Burnet rose to such a high pitch that, early in July, at a mass meeting of the soldiers in camp, a resolution was passed denouncing him and order- ing his arrest. Lieutenant-Colonel Millard, of the regulars, was deputed to proceed to Yelasco, take the President, and carry him to camp for trial. Millard took only a few men with him, and those were not of the most reliable charac- ter. It was intended to keep the object of their mission a secret ; but one of the men got drunk and betrayed them. It was further fortunate for Burnet that Millard found Major A. Turner, then in command of Galveston, at Velas- co. As Turner was of the same regiment, Millard commu- nicated to him the object of his visit, and requested Turner to assist him in its accomplishment. Turner, who was a warm personal friend of the President, at once notified him of the intended arrest. Of course Burnet was indignant, and denied the authority of the army to interfere with the civil government. * In the mean time, the report started by the drunken sailor had gained a wide circulation, and produced a pro- found impression. It instantly cemented the hitherto discordant members of the Cabinet; and as it spread throughout the adjacent settlements, roused the people to *The order to Turner was very comprehensive. It read : ''You are here- by ordered to proceed (from Quintana), to Velasco, and arrest the person of David G. Burnet; take into your possession the books and papers of his oflBce; and you will also take into your possession the books, papers and records of the Secretaries of State, of War, and of the Treasury, and them safely keep, and report forthwith. [Signed] H. Millakd." 282 HISTORY OF TEXAS. the danger in which the civil government was placed. They rushed to Velasco, determined to stand by the President, and some of them contrived to send word to Millard, that Judge Lynch was preparing to sit on his case. Millard became alarmed, and he and his companions left in hot haste for the West. About this time, news of a threatening character came from Mexico. Messrs. Karnes and Teel, who had been sent as commissioners to see that the terms of the treaty, in reference to prisoners, were strictly complied with, had been arrested, and detained at Matamoras. They there found Major Miller, who had been taken at Copano, just before the Fannin Massacre. These prisoners sent word to Texas that the Mexicans were making formidable prepara- tions for a second invasion of Texas. When this informa- tion reached General Rusk, he issued stringent orders, revoking all furloughs, and for recruiting the army. Pres- ident Burnet issued a proclamation for the enrollment of the militia and the increase of the army. It was evident that there were Mexican emissaries poisoning the minds of the Indians in East Texas ; and as most of these tribes were immigrants from the United States, General Gaines was appealed to, to preserve the peace ; and he took efficient steps to do so. This threatened Mexican invasion was prevented by a revival of the efforts of the Federal party, now that Santa Anna was a prisoner in Texas. When the Texans ascer- tained that the Mexicans were not coming against them, propositions for the conquest of Matamoras were revived, and received the endorsement of the President and his Cabinet. But the absence of some of the vessels of the navy, which were expected to co-operate in the attack, frus- trated this project. We have already stated that during the Provisional Government, the schooners " Liberty " and " Invincible " had been purchased for the navy. After the battle of San A MEXICAN JACAL. NAVAL OPEEATIONS. 285 Jacinto, the Liberty conveyed General Houston to Xew Orleans, where, after lying at anchor for a considerable time, she was sold to defray her expenses. In April, 1836, the Invincible, commanded by Captain Jerry Brown, while on a cruise near Tampico, fell in with a Mexican war schooner, the Montezuma, and brought her to action, which lasted several hours, when the latter, in a disabled condi- tion, was stranded in attempting to enter the port. The Invincible was uninjured, and soon afterward captured the American brig Pocket, laden with stores for the Mexican army in Texas, and brought her into Galveston with a grateful supply for the victors of San Jacinto and their pris- oners of war. After this valuable service, it was the intention of the government that the Invincible should convey Santa Anna and suite, and Messrs. Zavalla and Hardeman, the Texas Commissioners to negotiate a final treaty with Mexico, to Vera Cruz. But this was frustrated by the interference of the people. After another successful cruise on the Mex- ican coast, the vessel was ordered to K'ew York to be refit- ted. Another vessel, the Brutus, Captain William Hurd, had also been procured. This vessel was absent, without orders, when the Texans were preparing for a descent upon Matamoras ; and this frustrated their design, as they required the vessel to transport troops and munitions of war to the mouth of the Rio Grande. She made her way to 'New York. During the summer, Major Isaac W. Burton, with a company of mounted rangers, occupied the coast near Copano. On the 2d of June, they succeeded in decoying on shore the boat belonging to a Mexican supply vessel, the Watchman, loaded with provisions for the Mexican army. She was captured, and while waiting for f^ivorable winds to sail to Velasco, two other supply vessels, the Comanche, and the Fanny Butler, appeared on the coast, and were captured and taken to Velasco. These captures 286 HISTORY OF TEXAS. amounted to some twenty-five thousand dollars, and gave Burton's men the name of " Horse Marines." About the first of June, President Burnet dispatched Messrs. James Collins worth and Peter W. Grayson, as Com- missioners to the United States, to secure the recognition of Texan independence, and establish diplomatic relations between the two countries. Messrs. Austin, Archer and Wharton, the former Commissioners, after accomplishing all in their power, returned to Texas, soon after the great battle which secured our independence. When Messrs. Collinsworth and Grayson reached Washington, Congress had adjourned ; but President Jackson sent Henry M. Morfit as Commissioner to inquire into the condition of Texas, and report. Mr. Morfit's report estimated the pop- ulation at 52,670, '•' The country was now com23aratively quiet, and all fears of an invasion from Mexico had disappeared. On the 12th of July, President Burnet issued a proclamation, prohibit- ing the impressment of private property for the use of the army, and or. the 14th he revoked all commissions held by persons not actually in the army or navy.f * The details of this report were as follows . Anglo-Aviericans, 30,000 Mexicans: at San Antonio, 2,000; Nacogdoches, 800; La Bahia, (Goliad) 500; Victoria, 120; San Patricio, 50, 3,470 Indians: Wacoes, 400; Towokonees, 200; Tonkowas, 800; Coshot- tees,350; Alabauias, 250; Comanches, 2.000; Cadoes, 500; Lip- ans, 900; Small Bands, 800; to which add the civilized Indians, Cherokees, Kickapoos, Choctaws, Chickasaws, Pottawotamies, Dclawares and Shawnees, 8,000, 14,200 Negroes, 5,000 Aggregate 52,670 j- This last brought the President into a controversy with General T. J. Chambers, who had been commissioned by the Executive Council as Major General of the reserves, and sent into the United States with a number of statr officers. General Chambers was still absent, and he complained that the proclamation of the President was intended to revoke his commission and arrest his labors. MEETING OF CONGRESS. 287 On the 23cl of July, the President issued his proclama- tion for a general election, to take place on the first Monday in September, for the election of President, Vice-President and members of Congress, under the new Constitution; which was also to be voted upon. He also ordered an elec- tion to decide whether Texas was willing to be annexed to the United States. The Constitution was adopted by an almost unanimous vote ; and the vote was equally strong for annexation. Sam Houston was elected President, and Mirabeau B. Lamar, Vice-President, '^ Congress convened at Columbia, on the 3d of October. President Burnet's message gave a truthful picture of the country and offered valuable suggestions for Congress. According to the reports accompanying the message, the audited debt of the country then amounted to about $250,- 000 ; to which was to be added nearly a half million for arm}^ supplies, and over a half million due the army and navy — making the total public debt about $1,250,000. Among the acts of Congress considered necessary to the complete organization of Civil Grovernment, was one appoint- ing chief justices for the different counties, f The Constitution which had been adopted provided that the President elect should " enter on the duties of his office on the second Monday in December next succeeding his * By the proclamation, soldiers were especially authorized to open polls at their various camps and vote. There were three candidates voted for : Sam Houston received 4,374 votes; Henry Smith 743, and Stephen F. Austin 587 ; total 5,704. Lamar had a majority of 2,(399. t The following is a list of the original counties and their officers : Austin, Thomas Barnnet; Brazoria, George B. McKinstry; Bexar, Joseph Baker; Sabine, Matthew Parker; Gonzales, B. D. McClure; Goliad, W. H. Mcln- tire; Harrisburg, Andrew Briscoe; Jasper, Joseph Mott; Jefferson, Chichester Chap[)lin ; Liberty, D. P. Coats; Matagorda, Silas Diiisinore: Mina, Andrew Rabb; Nacogdoches, Charles S. Taylor; Red River, Robert Hamilton; Victoria, John McHenry; San Augustine, Wm. McFarland ; Shelby, George O. Lusk; Refugio, John Dunn; San Patricio, John Turner; Washington, John P. Cole; Milam, Massilon Farley; Jackson, Patrick Usher ; Colorado, Wm. Menifee. 288 HISTORY OF TEXAS. election." But President Burnet and Vice-president Za val- la were more than willing to lay aside their official robes, and on the 22d of October, sent in their resignations. These were accepted, and Messrs. Houston and Lamar were duly inaugurated. "Thus closes our Revolutionary period; a period that furnishes the darkest and brightest pages in Texas history." PART V. The Republic. PROM 1837 TO 1846. CHAPTER I. HOtrSTON'S ADMINISTRATION— CONGRESSIONAL PROCEEDINGS— LAND LAWS— THE NAVY— GOVERNMENT REMOVED TO HOUSTON. (iTOUSTON'S First Administration. — After having -LJl been formally installed into his new office, and having delivered his inaugural address, the new President presented to the Speaker of the House his sword, the emblem of the military authority with which he had been clothed, and said : " It now becomes my duty to make a presenta- tion of this sword, the emblem of my past office. I have worn it with some humble pretensions in defence of my country; and should the danger of my country again call for my services, I expect to resume it and respond to that call, if needful, with my blood and my life."* The question of disposing of Santa Anna had not been settled when Houston came into office. The distinguished prisoner, after being delivered over to Captain Patton, of the army, had been taken first to Columbia and then to Orizaba, the residence of Dr. Phelps, a few miles up the river. On the 16th of August, the Pasaic, a strange schooner, with an unusually large crew, arrived at Colum- bia, under the command of a Spaniard, who went up to •Orizaba and had an interview with Santa Anna. It was * That speech and emblematic act were characteristic of President Houston, and liave been noticed by all the historians. But inasmucli as he had relin- quished the command of the annyoii tlie 5th of May, when he took his depart- m'e for New Orleans, and liad just been re-invested witli the command of both the army and navy, the propriety of this highly symbolic act is not very apparent. 292 HISTORY OF TEXAS. at once suspected that an attempt would be made to rescue the prisoner and convey him to sea on this vessel. For fear an attempt of that kind would be made, Santa Anna was ironed and the guard doubled. This was done with- out the sanction of President Burnet. When Congress met a resolution was passed requesting that the irons should be removed, and it was immediately done. But Congress refused to pass a bill to set him at liberty. However, soon after that body adjourned, President Houston assumed the responsibility of setting the prisoner free. Santa Anna and Colonel Almonte, of his staff, and Colonels Bee and Patton, of the Texas army, left the Brazos on the 22d of December, and proceeded across the country on horseback to the Mississippi River, where they took a steamer on their w^ay to Washington City. A radical change was effected in the judicial system of the country. Heretofore, no Supreme Court had been organized. During the government ad interim^ one court with admiralty jurisdiction had been created andB. C. Franklin appointed judge. The Republic was, at the session of the first Congress, divided into four districts. The Supreme Court was formed by having one chief justice, while the district judges acted as associate justices in the higher court. These judges were elected by joint ballot of both houses of Congress and held their offices for four years. Provision was also made for county and magistrate's courts. The financial question occupied a large share of attention. An ad valorem tax was placed upon property, and to raise a revenue by imposts an act was passed, December 20th, imposing ad valorem duties of various rates, from one to iifty per cent., and a tonnage duty of |1.25 per ton. Other acts authorized the President to borrow various amounts ; but, as he received no propositions which he deemed it advisable to accept, these brought no relief to the exhausted treasury. Destitute as the country was of available means, Congress OLD CAPITOL. HOUSTON. Houston's administration. 295 was very liberal in its appropriations. On the 15th of December, a bill passed appropriating $150,000 for the use of the navy; $700,000 for the army; and $150,000 for the executive and civil departments. This bill still left the suj^port of the diplomatic agents of the government to be provided for. As General Rusk had taken a place in the Cabinet, the command of the army was given to General Felix Pluston. Huston reported to the Secretary of War on the 16th of December, that the army consisted of about seven hundred enlisted men for the period of the war, and eighty who had six months longer to serve. The troops had neither flour nor bread ; beef-cattle were in abundance on the prairies, but they had no horses to drive them up. They had likewise a good supply of ammunition, but were without flints. By resolution of the Congress, General James Hamilton, of South Carolina, was invited to take command of the army ; but he respectfully declined the office. In the early part of 1837, Filisola was stationed on the Rio Grande to organize another expedition for the invasion of Texas ; but fortunately the revolution under Moctezuma furnished employment for Mexican troops at home. Texas being in no immediate danger of invasion from Mexico, by order of Houston the soldiers were permitted to go home on furlough ; and the country was saved the expense of keeping so large a body of men unemployed in the field. As we have seen, one of the first acts of the Executive Council at San Felipe in 1835, was to close the land office and suspend the issuance of land titles. The new consti- tution directed that the public land should be "sectionized," instead of being laid off^ in leagues and labors, after the Spanish land system. The old Texans, whose tracts were in leagues, opposed the new plan, and it was not adopted- Congress, however, passed a general land law, requiring the land office to be opened on the 1st of June, 1837, and remain open six months for the special benefit of citizens 18 296 HISTORY OF TEXAS. who had not obtained their huid under the colonization laws, and for volunteers who had served a term in the army. It further provided '^ that every free white person, head of a family, who should arrive in the Republic from and after January 1, 1837, should be entitled to 1,280 acres of land, and every single free white man, 640 acres, to be increased to 1,280 acres in case of marriage ; but patents not to be granted till after they had been three years resident. This bill was vetoed by the President, but promptly passed over the veto by the constitutional ma- jority. On the 16th of December, a bill was passed " to incorpo- rate the Texas Railroad, IS'avigation and Banking Com- pany," with a capital stock of five millions of dollars, to be increased if desirable to ten millions. This company was authorized to connect the waters of the Sabine and Rio Grande rivers by means of internal navigation, with the privilege of constructing branch canals and branch railroads in every direction, and to an unlimited extent ; and if the company could have carried out their grand programme, the whole public domain of the State would have passed into their hands. '^ The general land law, which was to have gone into opera- tion June 1, 1837, was suspended first until October 1, and was subsequently indefinitely suspended. Finally, on the 14th of December, a general land law was adopted. Under this law " a Commissioner of the general land office was provided for; also, a Board of Commissioners for each *Mr. Gouge, in his fiscal history of Texas, says the whole amount of stock was subscribed by eight iudivi(hials and tirnis. and tliongh none of them paid anything in, some made money out of the charter. One of the stockliohiers sold out his interest to a gentleman of New York for thirty thousand dollars, and received his pay in store goods. The successful salesman bought out rhe interest of another' for ten thousand dollars, and another disposed of his interest for three leagues of land, which he subsequently sold for two dollars and a half an acre. FRAUDS IN THE LAND OFFICE. 297 county, to take proof and issue headrights ; and a surveyor for each county, to survey, and make out and record field notes. These field notes, with the certificate, to be returned to the General Land Office, examined, located on the map of lands, and, if found correct, on vacant lands, a grant of patent, signed by the President and countersigned by the Commissioner, passing under both their seals, issues to the party in the name of the State. Should the party's claim be for military services, he obtained his warrant from the War ofiice, and proceeded to locate as a headright certifi- cate. So, likewise, in regard to land scrip, the same course was to be pursued." By this bill, which was vetoed by the President, and passed over the veto, the Land Office was to be opened for old settlers and soldiers on the first Thursday in February, 1838, and for other parties, six months later.* When Houston was inaugurated, the navy was in no condition to render valuable service to the Government, either in protecting the coast or conducting offensive war- fare. The Livincible and the Brutus were in Xew York for repairs, and would probably have shared the fate of the * Under tliis law, fraudulent claims were successfully passed through the formalities necessary to secure titles, and no little criticism was indulged in as to its provisions. Anson Jones, who was a member of the SenatCj'^says : " Tlie law, though objectionable, was the best that could have been pa«sed. under the circumstances, at that time, without conflicting \vith equitable rights that had grown up under former legislation. * * Everybody of ordinary sagacity knew there would be frauds committed the momeiit a Land Office was opened in Texas. It took no prophet to tell that. It would have taken all the Prophets, and the Apostles to boot, to tell us how fr;iud was to be prevented in Texas land matters. The greatest fault, after all. that can be found with this bill is that it did not prevent "perjury," for, aside from perjury, which no law can stop, few evils have grown out of it."' Commenting upon the same law, D. G. Burnet says: "The acquisition of land has ever constituted a too prominent feature in the Anglo-American settlement of Texas. Iniquitous frauds! have been resorted to in gratifica- tion of this inordinate passion. It is difficult, by legislation, to circumscribe the chicane of land speculators. Their ingenious avidity will find means to circumvent the most stringent enactments." Our readers will bear in mind that these strictures were passed before the railroad system of Texas had been fully developed. 298 HISTORY OF TEXAS. Liberty, in New Orleans, and been sold to defray their expenses, but Henry Swartwout, the Collector of the Port, generously stepped forward and furnished the means out of his private purse, to refit the ships, and prepare them for a cruise. When they arrived in Galveston Captain H. L. Thompson was placed in command of the Invincible, and Captain I. D. Boylan of the Brutus. During the administra- tion of President Burnet, another vessel, the Independence, Captain Charles E. Hawkins, commander, had been pur- chased and put in commission. In 1837, Captain George W. Wheelwright became commander of the Independence, During the month of April, the Invincible and the Brutus, accompanied by Hon. S. Rhodes Fisher, Secretary of the ^avj, started for a cruise in the Gulf of Mexico. During this month, April, 1837, Yoakum, in his history of Texas, pages 212 and 213, volume 2, says : " The appearance of the Mexican fleet in the Gulf was followed by some damage to Texas. The Champion, freighted with provisions, etc., for tlie army, was taken by the enemy; and also on the 12th of April the Jt/h's Cossar, whose cargo was valued at $30,000. President Houston had pre- viously issued an order for the release of the Mexican prisoners; but, learning that those on board the captured vessels had been taken into Mat- amoras and confined, he revoked the order of release. "This blockading navy of the enemy necessarily came in contact with the commerce of the United States, and the Mexican brig of war Urrea, having captured some. American vessels and property, was taken by the United States sloop-of-war Natchez and sent into Pensacola as a pirate. On the 17th of April, the Texan schooner Independence, having a crew of thirty-one men, besides several passengers, among whom was William H. Wharton, on his return from his mission to the United States, Avas met about thirty miles from Velasco by two Mexican brigs-of-war, the Libertador, having sixteen eighteen-pounders and one hundred and forty men, and the Vincednr del Alamo carrying six twelves and one long eightcen-pounder and one hundred men. After a severe tight, in which the Texans behaved most gallantly, the /;K/e/>eHrfertce was overpowered and taken into Brazos San- tiago, Av hence the crew and passengers were transferred to Matanioras and confined. In this engagement, Captain Wheelwright, of the Independence, was severely wounded. The Texan navy, on leaving Galveston in May, proceeded to the mouth of the Mississippi, but failing to find any of the enemy there after a cruise of seven or eig-ht days, turned to the coast of Mexico. The Texans made some small prizes about the island of Mugeres, and thence proceeded to Yucatan, where they cannonaded the town of Sisal NAVAL AFFAIRS. 299 for some three hours, but with little effect. The Texan schooner Invincible took and sent into port as a prize the Mexican schooner Obispo, of eighty tons ; and the Brutus captured and sent in the schooner Telegraph. The Texans also made repeated landings along the coast, and burnt eight or nine \owns. This, though sufficiently annoying to the enemy, and in accordance with their mode of warfare, has not been considered, in modern times, as the most humane way of conducting a war. Another vessel, the Eliza Russel, of one hundred and eighty tons, belonging to English subjects, which was taken by the Invincible off the Alicranes and brought into Gal- veston, not being freighted with a contraband cargo, was afterwards properlj restored, with damages, by the Kepublic." Page 216, volume 2, the same historian says : '' Colonel John H. Wharton, desirous of making an effort to release his brother from the prison of Matamoras, obtained permission and a flag, and proceeded with thirty Mexican prisoners to that town to make an exchange, but on landing he was made a prisoner and confined in a dungeon. After an imprisonment of six days he made his escape and returned to Texas. In the meantime his brother, William H. Wharton, through the aid of the well- known Captain Thompson of the Mexican navy, also escaped and reached home. It was intended that Thompson should desert the enemy's service and leave with him ; but Thompson's departure was precipitated by some information given to the Mexican authorities, and he arrived in Texas before either of the Whartons. This barbarous conduct on the part of the enemy induced the President of Texas to readmit the granting of letters of marque and reprisal against them, which he had suspended on liis entrance into office. '' On the 25th of August, the Brut^is and the Invincible arrived off the bar at Galveston, having in tow a Mexican armed schooner, which they had captured near the banks of Campeachy. On the same evening the Brutus and the prize entered the harbor, but the Invincible could not get in. On tlie following morning the latter was attacked by two of the enemy's armed bi'igs. The Brutus, in attempting to go out to her aid, ran aground ; so the Invincible was obliged to continue the unequal contest alone during the day; towards evening she attempted a retreat, but struck on the breakers near the south-east channel. The crew landed in safety, but during the night the vessel went to pieces. The Invincible was a favorite craft in the Texan navv, and her loss much regretted." The last remaining vessel of the old navy, the Brutus, was lost during the equinoctial gale of 1837, in the harbor of Galveston ; at which time fourteen or fifteen vessels then in port were destroyed or seriously injured, and nearly the entire city flooded by the water of the bay in its exit before 300 HISTORY OF TEXAS. a sudden norther, just after having been filled by a strong south-east gale of several days continuance. After a three-months' laborious session at Columbia, the first session of the Congress of Texas adjourned to meet at the newly laid out city of Houston, on the oth of May. On the 2d of March, 1837, the Congress of the United States passed the bill recognizing the independence of Texas ; and during the next year commercial treaties were negotiated with France and Great Britain, though the latter insisted upon considering Texas as a part of the Mexican Republic. Notwithstanding the Mexican invasion in 1836, and the absence of so many farmers in the army, the season was favorable, and good crops were made. The year 1837 was- also a good crop year. It was estimated that the cotton crop amounted to fifty thousand bales. A heavy tide of immigration was setting towards Texas, and a profitable commerce carried on at its principal seaports. There was reirular steam communication with T^ew Orleans, and a fine class of sail vessels between New York and the Texas coast. Towns were multiplying with great rtipidity, and the prospect was encouraging for the future. Under the Constitution, the first President held office only two years ; though after the first term the Presidential term was three years. At the election held September 3d^ 1838, Mirabeau B. Lamar was elected President, and David G. Burnet Vice President.* ♦During the summer, two of the gentlemen most prominent as candidates for President took themselves out of the canvass by suicide. (See James Colliiisworth and Peter W. Grayson). Tiie following were the votes cast at the election : For President, Lamar, 6,995 ; for Robert Wilson, 252 ; total 7,247. For Vice President, D. G Burnet, 3,952; A. C. Hoi'ton, 1,917: Joseph Rowe, 1,215. The following were the principal officers during thi^ Presidential term: S. F. Austin, R. A. Irwin, and J. Pinckney Henderson, Secretaries of State; Thomas J. Rusk, AVilliam S.Fisher, Bernard E. Bee, George W. Hockley, Secret:iries of War; Henry Smith, Secretary of tiie Treasury; S. Rhodes Fisher, William M. Shepperd, Secretaries of the Navy; J. Pinckney LIST OF OFFICERS. 301 Henderson, Peter W. Grayson, John Birdsall, A. S. Thurston, Attorney Generals; Robert Burr, Post Master General; E. M. Pease, Francis R. Lubbock, Comptrollers; John W. Moody, First Auditor ; J. G. Welshinger, Second Auditor; William G. Cooke, Stock Commissioner; "William H. Wharton, Memucan Hunt, Anson Jones, Ministers to the United States ; J. Pinckney Henderson, Minister to Great Britain and France ; W F. Catlett, Secretary of Leofation to the United States; George S. Mcintosh, Secretary of Legation to Great Britain aud France. CHAPTER II. LAMAR'S ADMINISTRATION— TROUBLE AT NACOGDOCHES— A NEW NATT— AUSTIN SELECTED AS THE PERMANENT CAPITOL— NEW COLONIES— REPUBLIC OP THE RIO GRANDE— SANTA FE EXPEDITION— ITS MISCARRIAGE, AND THE CAUSES. "T amar's Administration. — G-eneral Lamar was formal- -L^ ly inaugurated on the 10th of December, 1838. The ceremonies occurred in front of the Capitol, Houston, in the presence of an immense concourse of people, who were delighted with the sentiments expressed by the incoming Executive. In his inaugural he said : " The character of my administration may be anticipated in the domestic nature of our government and the peaceful habits of the people Looking upon agriculture, commerce, and the useful arts, as the true basis of all National strength and glory, it will be my leading policy to awaken into vigorous activity the wealth, talent, and enterprise of the country ; and, at the same time, to lay the foundation of those higher institutions for moral and mental culture without which no government on democratic principles can prosper, nor the people long preserve their liberties." The President took ground against the annexation of Texas to the United States, and in his regular message strongly advocated a National bank, and a system of pop- ular and liberal education. It was during his administra- tion that Congress laid the foundation of our school fund, by setting aside fifty leagues of land for a university, and three leagues for each county in the Republic. In the summer of 1838, a considerable number of the Mexican citizens of Nacogdoches — Captain Antonio Man- chaca, who visited them, said 125 and a few Biloxi Indians MIBABEAU B. LAMAR. lamae's administration. 305 — being dissatisfied with the government of Texas, went into camp on the Angelina river, without any very well defined purpose. On the assembling of a small military force these Mexicans dispersed. Some of them returned to their homes ; but Yincente Cordova, the leader, lied westward with a few followers, and entered into a cor- respondence with Filisola, the Mexican commander on the Rio Grande. Early in 1839, Canalizo succeeded Filisola in command at Matamoras. He immediately dispatched Manuel Flores to co-operate with Cordova in rousing the prairie Indians to hostilities against the Texans. These Indians were exhorted not to cease to harass the Texans for a single day ; to burn their habitations and lay waste their fields ; and by rapid and well-concerted movements, to draw their attention in every direction ; and the Indians were informed that Mexico would soon be in a condition to re-establish her authority over Texas ; and then they should have their lands ; but assuring them that they need expect nothing from these greedy adventurers for land, who wish- ed to deprive the Indians of the sun that warms and vivifies them, and who would not cease to injure them while the grass grows and water runs." The Texans having heard of Cordova's movements. General Burleson, in March, raised a small company of volunteers, and found and defeat- ed him on the Guadalupe river, near Seguin. Cordova escaped, but left his usual haunts, and Flores failed to find him. Flores went east, in hopes of finding Cordova, and when near the present city of Austin he was discovered by Lieutenant James 0. Rice, with a party of Rangers. Flores and two of his companions were killed, and his instructions captured. This broke up the Indio-Mexican league, that seriously threatened at one time to do much mischief t(^ the country. In Xo^^mber, 1838, Congress passed a law for the crea- tion of a new navy. Samuel M. Williams was appointed by President Houston to make the purchase. A contract 306 HISTORY OF TEXAS. was made with Frederick Dawson, of Baltimore, for one ship, two brio;s and three schooners. In March, 1839, General Hamilton, of South Carolina, purchased for the government the steamer Charleston, (afterward the Za val- la). Mr. Dawson delivered, during the same year, the schooners San Jacinto, San Bernard and San Antonio ; and the brigs Colorado and Dolphin, and the sloop of war Austin. There being no demand for these ships on the Texas coast, they were placed in the service of the revolutionary government of Yucatan ; that government to defray all expenses, and render other compensation to Texas. '=' There always had been a strong party opposed to the location of the seat of government at the city of Houston ; and by an act of Congress, approved January 14, 1839, commissioners were appointed to select another location. The village of Waterloo, on the Colorado, was chosen. It was sufficiently near the geographical center of the State ; but was then on the extreme frontier, and exposed to incur- sions of the Comanche and other tribes of prairie Indians. The new site was appropriately named Austin.-\ The city * The following is a list of the vessels and their armament and officers, as tliey left Galveston harbor on the 24th of Jnne, 1840, for the coast of Yncatan: Sloop Austin, 20 guns, Commodore E W.Moore; steamship Zavalla, 8 guns, Captain J. K. T. Lathrop; schooner San Jacinto, 5 guns, Lieutenant W. R. Postell; schooner San Bernard, 5 guns. Lieutenant W. S. Williamson; schooner San Antonio, 5 guns. Lieutenant Alexander Moore; and brig Dolphin, — guns, Lieutenant John Rudd. t Albert C. Horton, Lewis P. Cook, Isaac W. Burton, William Menifee and J. Campbell, were the commissioners to select the location. Edwin Waller was the agent to lay off the city and locate the different public buildings. Austin has had a severe struggle to retain the government. General Houston was bitterly opposed to the location ; and in 1842, removed the executive departments to Houston. This was in March. In October the President called an extra session of Congress in Washington ; where the government remained until July, 1845, when the Annexation Convention asspm])Ied in Austin. It became the seat of government. In 1850, by a popular vote, Austin was chosen the capital for twenty years. The places voted for were Austin, 7,674; Palestine, 1,854; Tehuacany, 1.143 and some scattering. In 1872 it was perinanently located at the same place, Austin receiving G3,297 votes; Houston, 35,188; Waco, 12,776, and a few scattering. NEW COLONIES. 307 was promptly laid out ; lots sold, and buildings erected for the accommodation of the various departments of the gov- ernment. These buildings were in such a state of prepara- tion that by the first of October, the President and heads of departments removed to the new capital. To induce a more rapid settlement of the Republic, Con- o-ress grave encouras^ement to the introduction of new colonies. In 1841-42, W. S. Peters took two contracts, eno-ao-ino: to introduce 800 families into the fine region of country around Dallas. Fisher & Miller took a contract for settling 600 families on the Upper Colorado and Llano riA^ers ; C. F. Mercer, two contracts for settling 600 fam- ilies in the region of country above the Peters colony, towards Red river. A German Emigration Company set- tled Comal and Gillespie counties ; and Henry Castro intro- duced about 600 families into Western Texas, settling Castroville in 1844 ; Quihi in 1845 ; Vandenburg in 1846, and Dhanis in 1847. We have not attempted to keep our readers advised of the changes constantly taking place among our trans-Rio Grande neighbors. But in 1839 a revolution occurred in which not a few of the Texas soldiers participated. The disbanding of the army left many ready for any enterprise that promised excitement, and congenial employment. It was natural that the Republicans in Mexico should look to Texas for sympathy and support. During the summer a considerable number of Republicans assembled at Lipan- titlan, on the west side of the Nueces river. President Lamar issued a proclamation ordering them to disperse. But little attention was paid to the order. Among the Mexican leaders the most noted were General Lie. Antonio Canalis and Colonels Jose Maria Gonzales and Zapata. Among the Americans the principal were Colonels S. AV. Jordan and Reuben Ross. The "Republic of the Rio Grande" was formally proclaimed, and a military organiza- tion effected. The force, including 180 Texans, amounted 308 HISTORY OF TEXAS. to about 600 men. They left Lipantitlan on the 20th of September, and crossed the Rio Grande on the 30th. Their first point of attack was Guerrero, three miles from the river, occupied by General Parbon, of the Centralist arm3^ Parbon retreated, without offering to fight, to Alcantra, near Mier. Here he was overtaken by the Republicans on the 3d of October, when a severe battle was fought. Early in the engagement the Indians and rancheros in Canalis' ranks became demoralized, and the Texans had to bear the brunt of the battle. The Centralists, after losing about 150 of their men, retreated, leaving the Republicans masters of the field. Their loss in killed was 14. After this recruits flocked to their standard, but Canalis, instead of availing himself of the enthusiasm which this victory had kindled, remained for two months inactive. Finally, on the 12th of December, he moved down the river with 1,000 men, and laid siege to Matamoras. The siege was not very vigorously prosecuted; but on the 15th a skirmish took place in which fifteen Centralists were killed. The city was strongly fortified and well garrisoned and provisioned. It had a garrison of 1,500 regulars, under General Canalize. On the 16th, Canalis, at a council of his officers, announced his intention to abandon the siege. This offended the Texans, and Colonel Ross with about fifty of his men returned to their homes. Canalis retired towards Monterey. Arriving within six miles of that city, his troops found themselves suddenly con- fronted by an army of 2,000, under General Arista. This was December 24th. After some skirmishes and manojuvres, in which the Texans thought Canalis exhibited a conspicuous want of generalship, the intriguing Arista succeeded in detaching a large number of the Mexicans from Canalis' ranks to his own, where the pay was more certain. Jordan, with the Texans, and a few faithful Mexicans, retreated towards the Rio Grande, crossing that stream on the 7th of January. SUSPICIOUS OPERATIONS. 309 Canalis, not at all disheartened, coll.ected a few of his followers, and called a convention at Guerrero, January 28. Jordan rejoined him at Presidio, but not^ liking the pros- pect, remained only a few days. Arista, being fully posted as to the movements of the Republicans, attacked and de- feated Canalis at Moralis, on the 15th of March. Canalis, with a portion of his men, escaped to Texas, and unfurled the banner of the Republic of the Rio Grande, at San Pa- tricio. Here he was joined by Jordan, with 110 men; William S. Fisher, with 200 ; and John N. Seguin, with 100. Including about 300 Rancheros, the whole force amounted to 700. For some unaccountable reason. Colonel Jordan, with 260 men, was dispatched, in advance of the main body, with two Mexican officers for guides. With very little oppo- sition, this comparatively small party occupied successively the towns of Guerrero, Mier, Comargo, Tula, Morallo, Li- nares, and finally Victoria, the capital of the State of Tamau- lipas. Jordan strongly suspected that his Mexican guides were seeking an opportunity to betray him and his men into the hands of the Centralists. This was nearly accom- plished, near Saltillo, on the 23d of October. The Repub- licans were confronted by a Centralist army numbering over 1,000 men, with two nine-pounders, under the command of Vasques. As soon as the battle opened, the suspected offi- cers deserted to the Centralists with their companies. The Texans, however, maintained the fight, killing (by estima- tion), 400 of the enemy. They lost of their number, five killed and seven wounded. Jordan and* his party returned to Texas. The subsequent conduct of Canalis created a suspicion that, in dividing his force, and dividing the small party of Texans, and sending Jordan into the interior without sup- port, he acted in bad faith. A majority of the troops were Texans, and he perhaps feared that should they succeed in gaining important advantages, he would be displaced from 310 HISTORY OF TEXAS. the command, and one of the Texan officers promoted. At any rate, after the departure of Jordan, though Canalis cross- ed the Rio Grande, he remained comparatively inactive, and finally, at Comargo, surrendered his entire force to Arista. It is to his credit that in the surrender he stipulated for the lives and liberty of the Texans in his ranks. Thus ended the attempt to establish the " Rej^ublic of the Rio G-rande." But this organization, for the time, gave emplo^'ment to the Mexican army under Arista, and so prevented an invasion of Texas. The Texans claimed the Rio Grande as the southwestern T^oundary of the Republic, but no attempt had as yet been made to extend the laws over that portion of Santa Fe lying on the Texas side of the river. Between St. Louis and the city of Santa Fe, a lucrative trade was springing up, which the Texans were anxious to divert to their own gulf ports. To open communication with that distant region, an expedition to Santa Fe was projected in 1841. The object of this expedition, as announced by President Lamar in his proclamation, was to have a friendly inter- view with the authorities of the State, and if they were willing to come under the laws of Texas, arrangements would be entered into to extend our laws over that territo- ry; but if the people were averse- to this, he wished to establish friendly commercial relations with the people of New Mexico. For protection through the Indian country, a military organization was effected, and placed under com- mand of General Hugh M'Leod. It consisted of five com- panies of mounted infantry, and one of artillery — 270 soldiers. The President sent Messrs. William G. Cooke, R. F. Brenham, and Don J. A. Navarro, as commissioners, who were chari>-ed to so conduct the neiiiotiations as to accomplish the purposes of the Government in sending out the expedition. There were also about fifty traders, team- sters and adventurers. The commander was instructed not to attempt a subjugation of the people by arms. KIOWA S ATTACK THE EXPEDITION. 311 The expedition started from the neighborhood of G-eorge- town on Brushy, on the 20th of June, 1841. Many diffi- <3ulties were encountered, from the very start ; and from Little River, they sent back for more beef cattle. The guides were not well acquainted with the route, and after wandering about for some time, finally mistook the Wichita for Red river, and got lost in the Wichita mountains. Pro- visions gave out, water was scarce, the Indians trouble- some, horses were stolen, and occasionally men that strag- gled oif from their companions were killed. On the 11th of August, Messrs. Howland, Baker and Rosenbury were sent forward to procure supplies. A few days later, the main party fell in with a large band of Kiowa Indians. Lieutenant Hull and four men being a short distance from the others, were attacked by these Indians, and after des- perate fighting, in which a dozen Indians were killed, they were overpowered and slain. Lieutenant Hull had no less than thirty lance and arrow wounds. They were then on the Quintufue, a branch of the Palo Duro river. After this, a consultation of officers was held, and it was deter- mined to divide the command, sending forward to the settle- ments for provisions. "Those best able to travel," says Kendall, " were detailed by Greneral M'Leod to march in advance, and were placed under command of Captain Sut- ton, an excellent officer. The party consisted of eighty-seven officers and privates, with merchants, travellers, and servants enouo-h to swell the number to ninetv-nine. Anion o- the officers were Captain Lewis, Lieutenants Lubbock, Munson, Brown, and Sea v}^ the latter acting as Adjutant. Theciv- illians were Colonel Cooke, Dr. Brenham, Major Howard, Messrs. Van Ness, Fitzgerald, Frank Combs, and myself." This party left M'Leod on the 31st of August, and arrived at Anton Chico, a village on the Galinas, a tributary of the Rio Grrande, on the 10th of September. Here an ample supply of provisions were obtained, and on the 14th, Cap- tain Lewis, with Kendall, Van Ness, and some others, 312 HISTORY OF TEXAS. started for San Miguel. They had heard that Howland and his companions had been taken prisoners, but did not doubt that when the authorities understood the peaceful objects of the mission, all would be well. In this they were sadly mistaken. It seems unaccountably strange, that the Texans, after the experience of 1836, should have acted with so little caution. Although they heard that the Governor was hos- tile to their enterprise, no word was sent back either to M'Leod, or to the more advanced party at Anton Chico. When Kendall and his party arrived at a small village called Cuesta, they were met by a party of Mexicans, under Don Salezar, a military officer. The men were disarmed, and their papers and valuables taken from them, with the assurance, however, that they would soon all be returned. Disarmed and robbed, they were marched as prisoners into San Miguel. Howland and his party, for an attempt, or an alleged attempt, to escape, were barbarously shot. In the meantime, it was observed that Lewis w^as becoming quite intimate with the Mexican officers. The result was, that LoAvis, one of their trusted officers, turned traitor, and plot- ted the capture of the party at Anton Chico, with Cooke, and those with M'Leod, who was then at the Laguna Colo- rado, some forty miles distant. These unfortunate men, after being disarmed and plundered, were tied in compa- nies of four and six, and marched first to San Miguel, thence to Santa Fe, and finally to the city of Mexico, and confined in the prisons of St. Jago, Puebla, and Perote, where they languished for nearly two years. A few, at the solicitation of influential friends, were released ; and among them, Kendall, the historian of the expedition. Senor Navarro, however, being an object of special hostility, was confined in the castle of San Juan D'Ulloa, until the revo- lution of 1844, when he, too, was set at liberty. ]\Ir. Ken- dall gives the following reasons for the failure of the expe- dition : 1M !li!!l. lii' 'II Ii 1 •■ lllilM REASONS FOR THE FAILURE. 315 '• And what mistake had brought this sorrowful issue to our enterprise ? In as few words as possible, I will answer the question. In the iSrst place, the expedition began its march too late in the season by at least six weeks. Had it left Austin on the first of May, the grass would have been much better, and we should have had little difficulty in finding good water both for ourselves and our cattle. In the second place, we were disappointed in obtaining a party of Lipan Indians for guides, and were consequently obliged to take a route some three hundred miles out of our way, and in many places extremely difficult of travel. Thirdly, the Government of Texas did not furnish wagons and oxen enough to transport the goods of the merchants, and this, as a matter of course, caused tedious delays. Fourthly, cattle enough on the hoof were not provided, even with the sec- ond supply sent by the commissioners from Little river. Again, the distance was vastly greater than we had anticipated, in our widest and wildest cal- culations; owing to which circumstance, and an improvident waste of provisions while in the buflTalo range, we found ourselves upon scant allow- ance in the middle of our long journey— a privation which weakened, dis- pirited and rendered the men unfit for duty. The Indians also annoyed us much, by their harrassing and continual attempts to cut off small parties and steal our horses. Finally, the character of the Governor of New Mex- ico, was far from being understood, and his power was underrated by all. The General's estimate of the views and feelings of the people of Santa Fe and the vicinity, was perfectly correct; not a doubt can exist that they all were and are anxious to throw off the yoke of Armijo, and come under the liberal institutions of Texas. But the Governor found us divided into small parties, broken down by long marches and want of food; he discov- ered a traitor among us, too, and taking advantage of these circumstances, his course was plain and his conquest easy. Far different would have been the result, had the expedition reached the confines of New Mexico a month earlier, and in a body. Then, with fresh horses, and a sufficiency of pro- visions for the men, the feelings of the inhabitants would have been differ- ent. The proclamation of General Lamar would have been distributed among them ; the people would have had an opportunity to come over to Texas without fear, and the feeble opposition Armijo could have made, and I doubt whether he would have made any against the Texans in a body, could have been put down with ease. Had it been evident that a majority of the inhabitants were satisfied under their present government, and un- friendly to a union with Texas, then the goods would have been sold and the force withdrawn ; at least, such was the tenor of the proclamation. No attack would have been made upon the inhabitants— that was expressly understood. But had Armijo seen fit to commence hostilities, his power in New Mexico would have been at an end. Fate decreed otherwise, a:id by a series of unforeseen and unfortunate circumstances, the expedition was thrown into his hands." 19 316 HISTORY OF TEXAS. During the year 1840, France and Belgium recognized the independence of Texas. Toward the Indian tribes, the policy of General Lamar was diametrically opposed to that of his predecessor. While General Houston sought to conciliate them with kind treat- ment, Lamar thought they should be excluded from our territory, and proposed, if necessary, to mark the bounda- ries of the Republic with the sword. There was then, as there has been ever since, a difference of opinion as to which was the true policy. * Financially, the administration of Mr. Lamar was not a success, though his most bitter opponent n?ver accused either the President or the members of his cabinet of dis- honesty ; (and the same remark is true of all the Presidents of the Republic and the members of their cabinets respect- ively). The public credit w^as low and declining when Lamar was inaugurated, and continued rapidly to grow worse. Under the administration of Houston the salaries of officers had been fixed exorbitantly high — the President's at $10,000, and the members of his cabinet at $3,500 each ; and this at a period when the whole population was less than 50,000, and the ability of the Republic to maintain its independence quite problematical. To add to the bur- dens of the incoming administration, a new navy had been contracted for, and no means provided to defray the expense of purchase. The revenue was small — the annual expenses enormous — and it is not to be wondered at that treasury notes — called red-backs, from the color of the paper upon which they were printed — should have declined, in the three years, from seventy cents to twenty cents or even less, on the dollar. Nominally, the expense of the Government for the year 1841 was $1,176,288. The public debt *See Part VII for a sketch of the various Indian tribes, and their battle;: with the whites. OFFICERS OF THE REPUBLIC. 317 increased during the three years from $1,877,525 to 17,300,000. * The cares and responsibilities of office weighed heavily on President Lamar, and the severe strictures of political opponents affected his deeply sensitive nature, and he applied to Congress for permission to absent himself from the Republic. The request was granted, and during the last year the Government was administered by Vice-Pres- ident Burnet.f *Mr. Gouge, in his Fiscal History, says the average amount of expenses per annum, during Lamar's administration, was $1,618,405; while the aver- age in the succeeding administration of Houston was only $170,361 ; and adds, this diiference is owing in part only to the differences in tlie charac- ter of the men who presided over the Government. President Lamar, as a paper-money man, was profuse on principle. He knew no limit on expend- iture but the limit of credit. President Houston, as somewhat of a hard- money man, was more inclined to economy. But if Houston had been Chief Magistrate from 1839 to 1842, he could have restricted but in part the expenditures of those years. And if Lamar had succeeded liira, he would have been compelled, from the force of circumstances, to be, in some ■degree, economical. t During this Administration the following gentlemen filled various offices, at home and abroad: Bernard E. Bee, James Webb, Abner S. Lips- comb, James S. Mayfield, Samuel A. Koberts, Secretaries of State; A. Sydney Johnston, Branch T. Archer, Secretaries of War; Richard (I. Dun- lap, James H. Starr, J. G. Chalmers, Secretaries of the Treasury ; Memu- can Hunt and Louis P. Cooke, Secretaries of the Navy ; J. C. AVatrous, , James Webb and F. A. Morris, Attorney Generals; Robert Burr, Edwin Waller and John R. Jones, Post Master-Generals ; Asa Brigham and James W. Simmons, Treasurers ; James W. Simmons and James B. Shaw, Comp trollers; Jown W. Moody and Charles Mason, First Auditors; MusgDve Evans, Second Auditor; John P. Borden and Thomas William Ward, Com- missioners of General Land Office ; Thomas R. Stiff, Jackson Smith, Joseph Moreland and Charles de Morse, Stock Commissioners; Richard G. Dun- Jap and Barnard E. Bee, Ministers to the Unit(?d States; James Hamilton, Minister to Great Britain; William Henry Dangerfield and George S. Mc- intosh, Ministers to France ; Bernard E. Bee and James Webb, Ministers and Agents to Mexico ; M. Austin Bryan, Samuel A. Roberts and Nathaniel Amory, Secretaries of Legation to the United States; George L. Hamrae- ken, Secretary of Legation to Mexico; James Hamilton, Commissioner to treat with Holland, Belgium, Great Britain and France; Samuel M. Wil- liams, A. T. Burnley, James Hamilton and James Reiley, Loan Commis- sioners. 318 HISTORY OF TEXAS. At the election held in September, 1841, Sam Houston was elected President, and Edward Burleson, Vice-Pres- ident. * ^ *At this election there were 11,531 votes polled, of which Houston receiv- ed 7,915, and Burnet 3,616. For Vice President, Burleson received 6 141,. and Memucan Hunt 4,336. CHAPTER III. HOUSTON'S SECOND ADMINISTRATION— STATE OF THE PUBLIC FINANCES— RAIDS OF VASQUEZ AND WOLL — THE ARCHIVE WAR — SOMERVELL IN THE SOUTHWEST — THB MIKR EXPEDITION,— ITS DISASTERS— THE SNIVELY EXPEDITION— SANTA ANNA'S PROPOSALS THROUGH ROBINSON— THE NAVY. i TOUSTO^ was, for the second time, inaugurated Presi- li dent, December 13th, 1841. He found the Sixth Congress then in session, diligently at work, introducing measures of retrenchment and reform. From the first organization of the Government, agents had been kept in foreign countries, vainly endeavoring to effect a loan. This fantasy of an expected foreign loan had kept up the hopes of the Texans, when their own paper was worth but fifteen or twenty cents on the dollar. General James Hamilton, of South Carolina, was still in Europe, and reported favorably as to the prospect of success. But the Texans had been so often sadly disappointed, that but little reliance was placed upon his report ; and his efforts finally, fortunately for Texas, proved abortive. In Hous- ton's message to Congress, he said : " There is not a dollar in the treasur3^ The nation is involved from ten to fifteen millions; we are not only without money, but without credit, and for want of punctuality, without character. Patriotism, industry and enterprise are now our only resources — apart from our public domain, and the precarious revenues of the country. These remain our only hope, and must be improved, husbanded, and proj)erly emplo3'ed." He recommended, as the only practicable method of relief, the suspension of all attempts, at present, to pay off the indebtedness ; and the issue of exchequer bills, not to exceed $3o0,U00 in amount, to take the place of the old promissory 320 HISTORY OF TEXAS. notes, as a medium of exchange. He also recommended a reduction of taxes ; and tiiat taxes and customs dues be collected in par funds. Congress reduced the taxes, but failed to require them to be paid in par funds. The old promissory notes, now no longer receivable for public dues, soon lost a marketable value and ceased to circulate. For a short time the "new issue" was better ; but the public feared that, after a short trial, this paper would not jDay their taxes, and it rapidly declined in value. These fears were realized. At an extra session of Congress, in June, 1842, a law was passed, requiring the collectors of customs, sheriifs, clerks and postmasters, throughout the Ile2:)ublic, to receive exchequer bills only at the current rates at which such bills were sold in the market. Though this was well calculated to destroy confidence in the j^aper issues, even of the "reform Congress," the small amount authorized to be put in circulation prevented the exchequer bills from falling so low in the market as the old red-backs. Many real reforms were introduced. A rigid economy was practiced in the various executive departments of the Government, and in the management of Indian affairs ; and all unneces- sary officers were dispensed with.* * The following figures are taken from Gouge's Fiscal History. The first column shows the receipts for the year 184:1 — the last year of the Lamar administration. The second column shows the receipts for the three years of Houston's second term : Lamar's— 1841. Houston's— 1842-44 Fromcustoms $151,990 45 $360.177 46 Direct taxes 170,503 91 80,335 89 Licenses 42,686 37 16,503 60 Land and land dues 68,025 62 Miscellaneous 429 32 502 58 From the above it would appear as though the people very generally abstained from paying taxes- While these could be paid in a currency worth but twenty-five cents on the dollar, they were paid, But when par funds were required, they went unpaid. The requirement of par funds was a very unpopular measure; and in some portions of the Republic it is reported, meetin<>:s were hold, protesting against the execution of the law. Even the revenue from customs wa'-; materially diminished by the introduc- tion of snuigglcd goods; especially in East Texas, along the line of the Sabine river. , / AREIVAL OF A LARGE ARMY. 321 In 1836 the United States declined to annex Texas, partly because the ability of the latter to maintain its independ- ence was somewhat ^problematical. Early in 1842, the question began again to be agitated, both in Texas and the United States. Six years had elapsed, and Mexico had made no serious attempt to recover her lost province. Xow, when the subject of annexing Texas to the United States began again to attract attention, to keep up the shadow of a claim, the Mexican Government sent small mil- itary parties into the country, though with no expectation of j)ermanent occupancy. Unheralded and unexpected by the Texans, on the 5th of March, 1842, General Rafael Yas- quez appeared in the neighborhood of San Antonio, and sent in a demand for the surrender of the city. After some consultation, Captain Jack Hays, with his small company of rangers, retired to the Guadalupe river, and on the 5th Vasquez entered the city, promising to protect the persons and property of the citizens. The city government was remodeled after the Mexican st^de, alcaldes taking the place of magistrates ; but after an occupancy of only two days, in which the soldiers behaved remarkably well, the Mexicans retreated again to the west side of the Rio Grande. About the same time, small parties of Mexican soldiers visited Refugio and Goliad, but remained only a day or two, when they retired again to their own country. In September a still more formidable army arrived in the neighborhood, under the command of General Adrian Woll. This raid was as unexpected as the other had been. The District Court was in session, and Woll captured Judge Hutchinson and the former Lieutenant-Governor, J. W. Robinson, and a number of other lawyers and officers of the court, in all, fifty-three. This party behaved very well in the city, protecting private property from plunder. It was on the 11th of September that Woll entered the city. A considerable force of Texans had collected on the Salado, six miles east of the city. Woll went out to attack this 322 HISTORY OF TEXAS. force, and a battle was fought on the 17th. Colonel Cald- well, in the official report of the battle, says : " We com- menced fighting at eleven o'clock. A hot fire was ke2:>t up until about one hour by sun, when the enemy retreated, bearing off their dead on the ground, and very many dead and wounded were taken from the field by their friends. We have a glorious band of Texan patriots, among whom ten only were wounded, and not one killed." As Woll was retreating toward the city, he fell in with a company of fifty-three Texans, from Fayette county, on its way to join Caldwell. After nearly one-half of his men had fallen, Dawson raised a white flag; it was fired upon. Dawson was an old soldier, having been in the United States army, and was a Lieutenant at the battle of San Jacinto, but see- ing tlie hopelessness of fighting such overwhelming num- bers, he surrendered his pistol. Unarmed as he was, a Mexican lancer assaulted him. He wrenched the lance from his opponent, and would have slain him, but was kill- ed by another Mexican soldier. Thirty-three of his men w^ere killed in battle ; fifteen surrendered, five of whom were wounded, and two escaped unhurt. One of'the latter, Henry G. Wood, who had lost his father and brother in the fight, after giving up his arms, was assaulted by a lancer. He seized the lance, killed the Mexican with it, and mount- ed his horse and escaped. At daybreak on the morning after this battle, Woll left the city and started for the Rio Grande. A misunderstanding among the Texans, as to who was entitled to the command, prevented a pursuit. President Houston believed the archives of the Govern- ment, especially the records of the Land Office, unsafe at a point so exposed as the city of Austin. On the 5th of Feb- ruary, 1842, he sent a message to Congress, suggesting the propriety of removing these archives to a place of greater security. Congress took no action on the subject ; and after the adjournment, President Houston paid a visit to Galves- ton. While in that city he heard of the raid of Yasquez, DAVID CROCKETT. THE ARCHIVE WAR. 325 and the Mexican occupancy of San Antonio. He immedi- ately directed the members of his Cabinet to meet him in Houston. This abandonment of their frontier exasperated the people of Austin, and they determined to retain posses- sion of the archiv^es. This produced what has been digni- fied with the name of "The Archive War." A vigilance committee was formed, composed of the best citizens of the county, who took possession of the Government books and papers, boxed them up, and kept a constant guard over them. A committee was also formed at Bastrop, to patrol the roads, and permit no wagons with public property to pass down the country. An exception was made in favor of the property of the French minister, who was permitted to leave with whatever he chose to take with him. During the extra session of Congress, in June, the President again called attention to this subject ; but no action was taken. On the 10th of December, President Houston ordered Capt. Thomas I. Smith, to secretly muster a company of men, and secure the most necessary books and papers, and transport them to Washington, where Congress was to con- vene in regular session. Smith, with twenty men, and three wagons, quietly entered Austin on the night of Decem- ber 30, and commenced loading. The visit was unantici- pated by the people of the city, but a volunteer company soon rallied, ujider Capt. Mark B. Lewis, procured a can- non at the arsenal, and fired upon the transportation party. The Land Office was hit, but no serious damage done. The wagoners commenced a hasty retreat, taking, by Houston's order, the road to Caldwell, to avoid the patrol at Bastrop. They reached Kinney's Fort, on Brushy creek, fifteen miles from the city, when they camped. The next morning, when they prepared to start, they found Capt. Lewis with his cannon planted directly in their front. After a parley, the same wagons carried their loads back to Austin, and no other attempt was made for their removal. The commit- tee preserved them, and when the Government returned to 326 HISTORY OF TEXAS. the capital, under Jones' administration, they were surren- dered to the proper officers. But during the absence of the Executive Department from Austin, Colonel Ward, the Commissioner of the Land Office, returned to the city and opened his office, and transacted such business as was deem- ed of importance to the public welfare. The Mexican raids under Vas(]^uez and Woll had awak- ened a martial spirit in Texas. Moreover, there were a good many Texans held as prisoners in Mexico, belonging to the Santa Fe expedition, and taken by Woll in San Anto- nio. It was the opinion of some of our leading men, that it would be good policy to organize an expedition for aggres- sive warfare, with a view of taking Mexican citizens, to be exchanged for the Texans detained as prisoners in Mexico. Under the influence of this new military enthusiasm, many companies of soldiers made their way to San Antonio, ready to join the proposed expedition. These men wished Burleson to command them ; but Somervell was a personal friend and favorite of the President, and was perhaps, as Brigadier-General of the militia, entitled to the command. At any rate, he was directed to take charge of the expedi- tion. When Somervell arrived at headquarters, he pro- posed, in deference to the wishes of the men, to turn the command over to General Burleson ; but the latter declined the responsibility. General Somervell was somewhat tardy in his movements, and some of the men became dissatis- fied and left for their homes. While camped on the Medina, at a mass meeting of the men, Col. James R. Cook was requested to take command ; but, after some discus- sion, the men consented to march under Somervell. They left the Medina on the 25th of November, for Laredo. For some unexplained reason, they deflected from the main route of travel, and soon found themselves on flat, boggy prairies, where they made but slow progress. The com- mand reached Laredo on the 8th of December, and took possession of the place without opposition. The men someevell's expedition. 327 expected to cross the river, and pass down through the towns of Guerrero, Mier, Comargo and Reinoso, to Mata- moras ; but after a few ' days' rest, they w^ere ordered to move down on the Texas side of the stream. The first night out was spent in a dense thicket. The next mornings after reaching water, the General, learning that there was great dissatisfaction at his not crossing the river, assem- bled the men, and assured them that he was willing to lead them into the enemy's land ; but at the same time, unac- countably announced that all who desired to do so, were at liberty to return home. Out of the 700 men then in the ranks, about 200, wath Colonels Bennet and M'Crocklin,. left the army. The next day, orders were given by General Somervell to march for Guerrero. They were still in the dense chap- arral, and it took five days to make the distance that ought to have been traveled over in two. When they reached the Rio Grande, six miles from the town, December 14th, Major Hays and Captain Bogart, and a few of the men, crossed the river, and the whole army crossed on the 15th. The Mexican officer in command, Colonel Canalis, retired on the approach of the Texans. The place was comparatively destitute of supplies, and on the 17th they recrossed to the Texas side. Here, on the 19th, the following order wa& issued : Order No. 64. The troops Deloiiging to the Southwestern army will march at tea o'clock this morning for the junction of the Rio Frio and the Nueces, thence to Ganzales, where they will be disbanded. By order of Brigadier General Somervell. John TiEMrHiLL, Acting Adjutant General. This order astounded the men, who were anxious to avenge the insults which the raids of Vasquez and Woll had in- flicted upon Texas. To this day it is still a mystery why the General abandoned the aggressive movement undertaken by order of the President. We copy the closing paragraph of his report to the Secretary' of War : 328 HISTORY OF TEXAS. " It was from no apprehension of the scarcity of stores of subsistance, that the army under my command was ordered to withdraw on the 10th ult. But h;iviiiassed an act for the sale of the navy, the people of Galveston were very much exas- perated. Public meetings w^ere held, and strong protests 2)resented against giving up this arm of defence ; and persons were advised not to bid on the ships if offered for sale. The sale was not attempted, and the ensuing Congress repealed the law for its sale, February 5th, 1844. The steamship Za valla and the schooner San Bernard were wrecked in a storm at Galveston, in October, 1842. By the terms of the treaty of annexation, subsequently agreed to, all the surviving vessels were transferred to the navy of the United States. The vessels so transferred were the sloo^^ Austin ; the brig Wharton (formerly the- Dolphin) ; the Archer, (formerly the Colorado) ; and the schooner San Jacinto. It was provided that the officers of the navy in actual service should be transferred with their shi2:>s, and in the same rank. But for some reason, we believe they were not received into the navy of the United States. At the election held September 2d, 1844, Anson Jones w^as elected President, and Kenneth L. Anderson, Vice President.'^ *The total vote was 12,752; of which Anson Jones received 7,037; Edward Burleson 5^668, and there were forty-seven scattering. The following were the leading officers daring this administration: Anson Jones, Secretary of State; George AY. Hockley and George ^Y. Hill, Secretaries of War and Navy, (consolidated into one office) ; William Henry Dangerfield and James B. Miller, Secretaries of the Treasury; George W. Terrill and Ebeiiezer Allen, Attorney Generals; Asa Brigham, Treasurer: Francis 11. Lubbock and James B. Shaw, Comptrollers; Charles Mason, Auditor; John P. Borden and Thomas William Ward, Commissioners ot the General Land Office ; James Roiley, Isaac Van Zandt and J. Pickne>' Henderson, Ministers to the United States; Ashbel Smith, Minister to France; William Henry Dangerfield, INIiiiister iQ the Netherlands, Belgium and the Hanse Towns; Charles H. Raymond, Secretary of Legation to the United States. CHAPTER IV. JONES' ADMINISTRATION— TEXAS PROSPEROUS— ANNEXATION AGAIN AGITATED- ENGLAND, FRANCE, AND THE UNITED STATES INTERESTED — ACTION OP THE TEXAS CONGRESS— THE CONVENTION ACCEPT THE TERMS, JULY 4, 1845— VOTE OF THE PEOPLE. Jones' Administration. — Messrs. Jones and Anderson were inaugurated December 9th, 1844. Dr. Jones had been Secretary of State during the previous administration, and was familiar with the business of the Executive Depart- ment, especially the relations with foreign governments. In many respects this was an auspicious era. The pros- pect of peace with Mexico gave a new stimulus to immi- gration ; good crops had, in a great measure, relieved the embarrassments of the people ; and taxes were promptly paid.* The Indians were remarkably quiet, and there was less disturbance upon the frontier during this administration than at almost any other period in our history. The diffi- culties in East Texas, between the " Regulators " and " Mod- erators," had subsided, and throughout the Republic there w^as no interruption to the administration of civil and crim- inal law. At the organization of the courts, in 1836, there * During the fourteen months of the Jones administration the receipts from customs amounted to $340,506; from direct taxes $27,561; licenses, etc., over $17,000, making a total of $385,000 ; and that in par funds, as the exchequers had appreciated until thej^ were equal to gold and silver; so that " after defraying the expense of an extra session of Congress, and of the Annexation Convention, repairuig the old Government buildings at Austin, and removing the Government back to that city, there was a surplus in the treasury sufficient,-' says Dr. Jones, "to support the State Government for two years." 342 HISTORY OF TEXAS. were four districts. The number had now increased to seven.'^' Negotiations for permanent peace, based upon the inde- pendence of Texas, were stiil carried forward, encouraged by the liberal disposition of General Herrera, who was now President of Mexico. England and France, says Dr. Jones, influenced by the strongest desire to prevent annexation, and insure the separate indeiDendence of Texas, conjointly resolved upon a diplomatic act, in June, 1844, by which these powers guaranteed the indej^endence of Texas, on condition that she should not be annexed to the United States. A year or two earlier, this proposition would have been hailed with delight by the citizens of Texas ; but now there was a prospect of annexation, and all other questions were lost sight of. This question had entered into the Presidential canvass in the United States, and Mr. Polk, the annexation candidate, had been elected. President Jones felt the embarrassment of the situation. Texas was an independent power; and with her diplo- matic agents in foreign countries, it would be manifestly imj^roper for the executive to display too great an anxiety to merge the sovereignty of the country in that of another ; especially while leading nations were negotiating in its interest. This caution of the President was construed into indifference, if not hostility to the great measure of annex- ation ; and he was condemned in unmeasured terms. He * The following were Chief Justices of the Supi'eme Court during the Republic: James Collinsworth, John Birdsall (by appointment of the President), Thomas J. Rusk, and John Hemphill. Clerks of Supreme Court: William Fairfax Gray, a,nd Thomas Green. Judges of District Court: Shelby Corzine, Benjamin C. Franklin, R. M. Williamson, James W. Robinson, Edward T. Branch, John T. Mills, Ezeldel W. Cullen, Henry W. Fontaine, John Scott, Anthony B. Shelby, AYilliam J. Jones, John Hemphill, Richardson Scurry, John M. Hansford, R. E. B. Baylor, Anderson Hutchinson, George W. Terrill, Thomas Johnson, Patrick C Jack, Richard Morris, William B. Ochiltree, AVilliam E. Joues, M. P. Norton, John B. Jones, R. T. AVheeler. ANSOX JONES. QUESTION OF ANNEXATION. 345 was further annoyed by parties who were determined to involve the country in a war with Mexico, even before the measure of annexation was determined. Some of these were military officers of Texas ; others were emissaries from the United States. * This question of annexation was one of sufficient histor- ical importance to claim our careful consideration. It has been recklessly asserted that many of the leading citizens of the province came into the country intending to revolu- tionize it and transfer its allegiance from the Mexican to the North American Republic ; and that Greneral Jackson was privy to this manoeuver and gave it his sanction. This supposition is not worthy of a moment's attention. The men who settled Texas were -true men, and when they became citizens of Mexico, it was with the purpose of becom- ing loyal subjects of that Government. At the Convention of 1833, of which Austin, Houston, Burnet and many other leading Texans were members, a warm attachment was expressed for the Mexican constitution of 1824, and for the Plan of Zavalla, which proposed to restore that constitu- tion, and under which Santa Anna had been elected Pres- ident. Two years later, the members of the General Consultation, at San Felipe, deliberately renewed their declaration of fealty to that constitution. Not would the proposition to declare Texas independent have been enter- tained for a moment, had not Santa Anna overthrown the constitutional government, and dissolved the State legis- latures, and established a central military despotism But after Texas had declared her independence at Wash- ington,/ on the 2d of March, 1836, and had achieved it at San Jacinto a few weeks later, they awoke to the difficulties of maintaining a separate nationality. The country was too new ; too sparsely populated ; too poor to maintain an expen- * Dr. Jones mentions among those who wei'O determined to bring on a J "war, ex-Governor Yell, of Arkansas, and "Wicklifle, of Kentucky; Com- modore Stockton, and Major A. J. Donaldson. 346 HISTORY OF TEXAS. sive government, with its judicial, executive and legislative departments, its army and navy, and list of diplomatic agents in foreign countries. To avoid such heavy expenses and responsibilities, the people, in September, 1836, voted in favor of annexing Texas to the United States ; but the authorities at Washington declined to accept the new State and the question for several years was in abeyance. During the administration of Mr. Tyler, " the President without a party," it was intimated that if Texas would renew her application for admission, it would be favorably received. The Texan Minister again brought the subject to the attention of the State Department, and Mr. Calhoun introduced a bill providing for the annexation of Texas, by treaty, to the United States. President Tyler had miscal- culated the temper of the Senate. That body, by a vote of thirty -five to sixteen, rejected the bill. After this snubbing Mr. Van Zandt, the Texas Minister, withdrew the applica- tion. Nor w^as Texas so much concerned about the success of the measure as she had formerly been. Through the British and French Ministers in Mexico, negotiations w^ere in progress, which finally secured the Mexican acknowledge- ment of our independence, with an English and French guarantee. The politicians of the United States were anxious to keep the Texas question out of the Presidential canvass for 1844. It was universally supposed that Mr. Van Buren would be the Democratic candidate, and that Henry Clay would be nominated by the Whigs ; and both these gentlemen announced themselves opposed to annexation. On the part of Van Buren this announcement was premature. When the Democratic Convention met, he was shelved, and Mr. Polk nominated. A heated political canvass followed. It was asserted that England and France wished to get a foot- hold on this continent, by gaining the control of Texas, contrary to the " Monroe doctrine." It was further asserted JOINT RESOLUTION FOR ANNEXATION. 347 that Great Britain was plotting for the emancipation of the slaves in Texas. * Although the people of the United States had, in the Presidential election, declared for annexation, it was still doubtful whether a sufficient number of votes could be de- pended upon, in the Senate, to accomplish the measure by treaty, and a joint resolution was passed by both houses of Congress, to annex Texas to the Union as a State. This was promptly signed by President Tyler, and transmitted to Texas. On the fifth of May, President Jones issued his procla- mation for the election of delegates to a general convention of the people, to consider the proposition which had passed the United States Congress. The Texas Congress met in a * We ought, perhaps, here to corect an error into which Mr. Yoakum wa& led. Speaking on this subject, he says, vohune 2, page 421: "At the same time Texas was informed that Mr. Doyle, the British Charge d' Affaires, had been instructed to propose to Mexico a settlement of the difficulties with Texas, based upon the abolition of slavery in the latter." On the contrary, Anson Jones says, (Memoranda for 1850, page 52) : " The subject of domestic slavery, about which so much alarm existed in 1844-45, was never so much as mentioned or alluded to by the British Minister to the Government of Texas, except to disclaim, in most emphatic terms, any intention on the part of England ever to interfere with it here. * * Indeed, that constituted no part of the policy of that far-reaching nation. Her Texas policy was to build up a power independent of the United States, that could raise cotton enough to supply the world." Dr. Ashbel Smith, who was Minister to England during Houston's Administration, and Secre- tary of State under that of Jones, mentions another topic, (see page 47. Lecture before Galveston Historical Society). It was charged that both Houston and Jones '' were plotting to sell Texas to an European power. That they were engaged in a deliberate conspiracy to sell Texas to England. * * A conspiracy against Texas and against a broad Continental policy. Yet, all the while, up to the last moment of the incorporation of Texas into the American Union, no European power ever even hinted at, much less did any one propose, any political advantage or influence, or any political relation whatever; nor sought any commercial facility which would not, on the same terms, be open to the world. It may seem aliunde the record of Texas history, to vindicate the loyal honesty of European cabinets in their dealings with Texas, but be pleased to bear in mind tliat the vindi- cation of these cabinets is, at the same time, the vindication of tjie honored chief officers of the Republic of Texas." 348 HISTORY OF TEXAS. called session, at Washington, on the 16th of June, and promptly gave its assent to the annexation resolutions.* The Convention met in the city of Austin, July 4th, and organized by electing Thomas J. Rusk, President, and James H. Raymond, Secretary. A committee was appoint- ed to whom the message of the President and the annexa- tion resolutions were referred. The following is the report of that committee : . Committee Room, July 4th, 1845 . Hon. Thos. J. Rusk, President of the Convention : The committee to whom was referred the communication of his Excel- lency the President of the Republic, together with the accompanying doc- uments, have had the same under consideration, and have instructed me to report the following Ordinance, and recommend its adoption by the Con- vention. [Signed] Abnkb S. Lipscomb, Chairman. AN ORDINANCE. Whereas, the Congress of the United States of America has passed resolu- tions providing for the annexation of Texas to that Union, which resolu- tions were oflFered by the President of the United States on the first day of March, 1845 ; and * During the Republic there were nine Congresses elected. The first held two sessions: one at Columbia, and one at Houston. The second con- vened before the regular time, and held an adjourned session, April 9th, 1838. The seventh held a called session in Houston and another in Washington, and the regular session at the same place. The ninth Congress held a called session in Washington, in June, 1845. This was the last meeting of the Congress of the Republic, as at that session annexation was assented to. The following table shows the time and officers of the regular sessions : SENATE. HOUSE. No TIME. PKES'T. PRO TEM. 6ECRETART. SPEAKER. CHIEF CLERK. 1 2 3 4 5 6 8 9 Oct. 3, 1836. May 2, 1837. sept. 25, 1837. Nov. .'), 1838. Nov. 11. 1839. Nov. 2, 1840. Nov. 6, 1841. Nov. 14, i842. Dec. 4, 1843 Dec 2, 1844. R Ellis. J. Grimes. S. H. Everett. S H Everett. No Presid't Elected. A. Jones J A. Greer. J. A. Greer. J. A Greer. .1 A Greer. K. Scurry. A. Robinson. W. F. Gray. J. D M'Leod. J D. M'Leod. J. D M'Leod. A. C. M'Farlan. S. Z. iloyle. 'rotn Green. M E .Jewett. I Ingram. B.T Archer. .Jo. Rowe. J. M Hansford. D. S. Kaufman. D. S. Kaufman. K L. Anderson. N. ir. Darnell. R. Scurry J M Lewis. W. A. Feris. W. p Gray. .J. H. Shreve. J. W. Eldridge. T. W. Ward. J H Raymond. J H. Raymond. .J. H. Raymond. J IT. Itavn ond. .1 11 l{iiynii>nd. ANNEXATION ORDINANCE. 349 ^V^hereas, the President of the United States has submitted to T^xas the tirst and second sections of the said resolution as the basis upon which Texas may be admitted as one of the States of the said Union ; and Whereas, the existing government of the Kepublic of Texas has assented to the proposals thus made, — the terms and conditions of which are as follow : JOINT RESOLUTION FOR ANNEXING TEXAS TO THE UNITED STATES. Resolved hy the Senate and House of Bepresentatives of the United States of America in Congress assembled, That Congress doth consent that, the territory properly included within, and rightfully belonging to, the Kepublic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of goverment adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union. 2. And he it further resolved, That the foregoing consent of Congress is given upon the following conditions, to-wit; First— B&xd. State to be formed subject to the adjustment by this Government of all questions of boundary that may arise with other goverments,— and the Constitution thereof, with, the proper evidence of its adoption by the people of said Eepublic of Texas,} shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, 1846.- xSecoJzrf— said State, when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy yards, docks, magazines and armaments, and all other means pertaining to the public defence, belonging to the said Republic, shall retain all the public funds, debts, taxes and dues of every kind which may belong to or be due and owing to the said Republic ; and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic of Texas, and the residue of said lands, after discharging said debts and lia- bilities, to be disposed of as said State may direct ; but in no event are said debts and liabilities to become a charge upon the Government of the United States. Third — new States of convenient size, not exceeding four in num- ber, in addition to said State of Texas, and having sufiicient population, 1 may hereafter, by the consent of said State, be iormed out of the territory ' thereof, which shall be entitled to admission under the provisions of the Federal Constitution ; and such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes, north lati- tude, commonly known as the Missouri Compromise Line, shall be admit- ted into the Union with or without slavery, as the people of each State ask- ing admission may desire; and in such State or States as shall be formed out of said territory north of said Missouri Compromise Line, slavery or involuntary servitude (except for crime), shall be prohibited." Now, in order to manifest the assent of the people of this Republic ,as is"" required in the above recited portions of said resolutions, wo, the Deputies of tlie people of Texas in convention assembled, in their name and by their authority, do ordain and declare that we assent to, and accept the propo- 350 HISTORY OP TEXAS. •sals, conditions and guarantees contained in the first and second sections of the Resolution of the Congress of the United States aforesaid. Mr. Mayfield moved the adoption of the Ordinance ; upon which question the ayes and noes were taken, and stood as follows : Aj'es — Messrs. President, Anderson, Armstrong of J., Armstrong of R., Baylor, Brashear, Brown, Burroughs, Caldwell, Caznean, Clark, Cuniiing- liam, Cuney, Darnell, Davis, Evans, Everts, Forbes, Gage, Hemphill, Hen- derson, Hicks, Hogg, Horton, Holland, Hunter, Irion, Jewett, Kinney, Latimer of R. R., Latimer of L., Lewis, Love, Lumpkin, Lusk, Lipscomb, Mayfield, McGowan, M'jSTeill, Miller, Moore, Navarro, Parker, Power. Rains, Runnels, Scott, Smyth, Standefer, Taylor, Van Zaudt, White, Wood, Wright and Young — 55. No— Mr. Bache— 1. The only negative vote cast was by Richard Bache, a grandson of Benjamin Franklin, who represented Galves- ton. On the ensuing 10th of October, the people, by a nearly unanimous vote, ratified the action of the convention. December 2d, President Polk signed the bill extending the laws of the United States over Texas. These laws, and the j^ostal service of the United States, went into operation in Texas February 19th, 1840; and on^that day President Jones relinquished the Executive authority to J. Pinckney Henderson, the newly-elected Governor. Thus was con- summated one of the most remarkable events in the civil liistory of the world, in which a nation voluntarily surren- dered its sovereignty.-j- t The following is a list of the principal oflScers during Jones' adminis- tration : Ashbel Smith and Ebenezer Allen, Secretaries of State ; George W. nill and William G. Cooke, Secretaries of AYar and Navy, (one office) ; William B. Ochiltree and John A. Greer, Secretaries of the Treasury; Ebenezer Allen, Attorney General; ]\Iosos Johnson, Troasui-er; James B. Shaw, Comptroller ; Thomas William Ward, Commissioner of the General Jtj-nid Offic- ; Charles Mason, Auditor; George W. Terrill and Ashbel Sniiih, Ministers to Great Britain, France and Spain; James Reiley and David S. Kauffman, Ministers to the United States: William D. Lee, Sec- ret., rv of Legation. VOTE OT^ THE ORDINANCE. 351 At the election held on the third Monday in December, for Governor, .&c.. the following was the result of the vote: For Governor, J, P. Hender- son, 7,853 ; Dr. J. P. Miller, 1,673 ; scattering, 32. For Lieutenant Governor, Albert C. Horton, 4,204 ; N. H. Darnell, 4,084. ;SDrAN WAR DANCE. \\ PART VI. Texas as a State. FROM 1847 TO 1878. 21 CHAPTER I. HENDERSON'S ADMINISTRATION— COURTS— PUBLIC DOMAIN— TEXANS IN MEXICAN WAR— HORTOX ACTING GOVKRNOR— WOOD'S ADMINISTRATION— PUBLIC DEBT- SANTA FE, AGAIN— bell's ADMINISTRATION— THE UNITED STATES PROPOSE TO BUY SANTA FE— PEARCE'S BOUNDARY BILL— SANTA FE SOLD— DISPUTES ABOUT LAND IN PETER'S COLONY. /pHE other States of the American union, when they -L became such, passed from a subordinate condition of colonies, or territories to the automatic condition of " States " — Texas on the contrary surrendered her nationality, and took, comparatively, a subordinate place as one of the members of the great confederacy. But in doing this, she was relieved of the burden of maintaining an army, a navy, a postal system, and a corps of diplomatic agents in foreign countries. From this time our history becomes more cir- cumscribed, and limited almost exclusively to our own immediate territory. Governor Henderson was inaugurated February 16th, 1846. The constitution which had been prepared by the convention of the previous year, and adopted by the people, :fixed the Grovernor's term at two years, and invested him with the veto power, and provided for biennial sessions of the Legislature. The Supreme Court, having only appellate jurisdiction, was composed of one chief justice and two associates. The Legislature formed eight judicial districts. The justices of the supreme court and judges of district • -courts were to be nominated by the Governor, and confirmed by a two-thirds vote of the Senate, and were to hold office for six years. 358 HISTORY OF TEXAS. At the last session of the Congress of the Republic, according to the report of the Commissioner of the General Land Office, the total amount of the public domain subject to location and unsurveyed, was 181,991,403 acres.* Pending the annexation negotiations, the United States had kept on the Sabine an army of observation, con- sisting of two regiments of cavalry and one of infantry, under General Z. Taylor. On the 26th of June, 1845, this force, somewhat augmented, sailed from New Orleans and established military headquarters at Corpus Christi. When the annexation bill passed the United States Con- gress, Mr. Almonte, the Mexican Minister at Washington, denounced the act and demanded his passports. War with Mexico was seen to be inevitable ; and the Legislature passed a bill authorizing Governor Henderson to command the Texans who might be mustered into the service of the United States. Soon after General Taylor reached Corpus. Christi he was reinforced by the arrival of the regiment of Colonel Twiggs, who had passed through Texas by land. Taylor had about 4,000 men with him then. This was about the middle of January. On the 8th of March, the advance division left Corpus Christi under Colonel Twiggs, and Taylor's army reached the Arroyo Colorado, thirty miles from Matamoras, on the 18th. On the 3d of ^Tay, the Mexicans bombarded Fort Brown. The battle of Palo Alto was fought May 8th, and that of Resaca de La Palma on the 9th, after which the army left the territory of Texas. * Total amount of land issued by the various boards of land commissioners, 43,543,970 acres ; of which the committee appointed to detect fraudulent claims, recommended 19,212.200 acres as good, the others, fraudulent. Amount issued by Department of War, as bounty and donation claims. 0,300.000. Total amount of land scrip sold ]>y the late Republic, 3GS.787 acres— making the total legal claims issued by Texas 25,880,093 acres; wliile the claims reported fraudulent were 24.331.7G4 acres. Total amount issued by th(; ]SIcxican authorities, a con- siderable proportion of which is supposed to be fraudulent, 22,080,000 acres. Henderson's administration. 359 On the 2d of May, Texas was called upon for two regi- ments of cavalry and two of infantry * During Governor Henderson's absence from the State, the executive office was administered by Lieutenant-Gover- nor Hortonf . George T. Wood was inaugurated governor and John A. Greer lieutenant-governor, December 21st, 1847. For five years since the inauguration of General Houston for his second term, the public debt had remained tn statu quo, except the accumulated interest. The previous Legislature had recommended the sale of the public lands to the United States, and the scaling of the j^ublic debt. In a message to the Legislature, December 29th, Governor Wood said : "The debt must be paid. The honor of the State must stand without blemish. We can never expect to attain a * The following officers from Texas served for a longer or shorter period : J. P. Henderson, Major General of volunteers— gtaft", M. B. Lamar, Ed. Burleson, H. L. Kinnej^'and Ed. Clark. First regiment, J. C. Hays, Colonel; S. H. Walker, Lieutenant-Colonel ; M. Chevalie, Major. Second regiment, A. S. John- ston, Colonel; E. McLane, Lieutenant-Colonel, and Wells, Major. Third regiment, George T. Wood, Colonel; P. H. Bell, Lieutenant-Colonel, and C. E. Cooper, Major. Ben. McCulloch was captain of a spy company. According to Mansfield's Report, there were G,672 Texans mustered into the service ; 243 were discharged from disability; 39 killed in battle; 2 died of their Avounds; lis died of disease; 115 deserted, and the remainder served their time out. According to a report from the Adjutant-GeneraVs office of Texas, Texas fur- ■nished 8.018 men for the Mexican war. The Texans distinguished themselves in everj^ battle. General Taylor complimented them very highly for their bravery, but is said to have found great difficulty in bringing them under the strict rules of military discipline. tThe returns from the election came in very slowly, especially from the West, which voted strongly for Horton. When the Legislature met. it appeared from the returns then in, that N. II. Darnell was elected Lieutenant Governoj. and he was accordingly swoi-n in, and for a few days presided over the Senate. Subsequent returns elected Horton, and Darnell promptly resigned. D. G. Burnet was Secretary of State ; John W. Harris, Attorney General; Jas. B. Shaw, Comptroller; James H. Raymond. Treasurer; Thos. Wm. Ward, Com- missioner of the Land Ottice, and Wm.G. Cooke, Adjutant General. At the election held in 1847, for governor, there were 14.7G7 votes polled; of which George T. Wood received 7.154. Dr. J. B. Miller 5,10G, X. H. DarneU 1.276, and scattering 1.221. For Lieutenant Governor— J. A. Greer 4,890, E. H. Tarrant 3,5G7, Edwin Waller 2,979, and some scattering. OOU HISTORY OF TEXAS. Mgh and permanent prosperity until it is done ; and the consummation of a purpose so noble calls for united and energetic action." On the 20th of March, 1848, a law was passed, the first section of which required all persons having claims against the late Republic to present them to the auditor and comptroller of public accounts by the first of JS^OA^ember, 1849. Another section required the auditor and comptroller to classify all the claims presented under this act, reducing the same to the actual par value which may have been realized by the late Republic. In a message to the Legislature in November, 1849, Grovernor Wood recommended that Texas creditors be paid in land at fifty cents an acre. Such a law was passed, but very few creditors chose to take the land, and the debt was still unsettled when Wood went out of office. Since the disastrous failure of the Smta Fe expedition, during Lamar's administration, no attempt had been made to extend the jurisdiction of Texas over that distant portion of the State. In 1846 General Kearney had taken posses- sion of Santa Fe in the name of the United States. In the treaty of Guadalupe Hidalgo, February 22d, 1848, Mexico had ceded that territory to the United States, and Colonel Munroe, of the U. S. Army, was in command there. In 1847, Governor Henderson had called the attention of the Legislature to our claim to Santa Fe ; and in 1848 a bill passed the Legislature extending the laws of Texas over that portion of JVew Mexico east of the Rio Grande river, and Judge Beard was sent there to hold District Court. Colonel Munroe paid no attention to the Texas Judge, and proceeded to order an election of a territorial dele2:ate to the United States Cono-ress. Gov. Wood requested the Legislature to put the whole military power of the State under his control, that he might enforce the claim; but in a correspondence with the State Department at Washington, he was notified that if Texas attempted a forcible possession of Santa Fe, the Texans would be bell's administration. 361 treated as intruders. In the heat of the controversy, some of our writers contended that if the delegate from New Mexico was admitted to his seat in Congress, the Texas delegates should withdraw, and the State resume her sepa- rate nationality. This question, like that of the settlement of the public debt, was left for the next administration. * At the election in the fall of 1849, P. Hansborough Bell was elected Governor, and John A. Greer, re-elected Lieutenant-Governor, j- P. Hansborough Bell was inaugurated Governor Decem- ber 21st, 1849, and held the office for two terms, having been re-elected in 1851. At the period of his inauguration the Santa Fe question occupied the attention of the peojDle, not only of Texas, but of the United States ; and at one time threatened to create a serious disturbance between the Northern and Southern States ; the latter generally taking sides with Texas. This question became linked with that other harrassing one, the payment of our public debt. Our creditors were becoming clamorous for a settlement; and were sending urgent petitions to Congress, assuming that the United States, by taking the customs revenue of the late Republic, had become responsible for the payment of such debts as had been contracted on the faith of the Republic pledging the customs receipts for their liquida- tion. On the 16th of January, 1850, Mr. Benton introduced into the United States Senate a bill providing, among other things, that if Texas would cede to the Unjted States a certain portion of territory, and relinquish all claim on the * Officers of the executive department during Wood's administration : Secretary of State, W. D. Miller; Attorney Generals, J. W. Harris, H. P. Brewster; Comptroller, James B. Shaw; Commissioner of Land Office, Thomas Wm. Ward; Adjutant-General, John D. Pitts; Auditor, J. M. Swisher. t In this election there were 21.715 votes cast. P. H. Bell received 10,310; G. T. Wood. 8.764: J. T. Mills. 2.032. For Lieutenant-Governor, J. A. Greer, 10,599; J. W. Henderson, G,981 ; Johnson, 1,289. 362 HISTORY OF TEXAS. United States " for liabilities of the debts of Texas," &c., the United States would pay to Texas the sum of fifteen million dollars, in five Der cent, stocks, redeemable fourteen years after date. On the 29th of the same month, Mr. Clay introduced one of those " compromise measures " for which he was distinguished. This provided for settling several irritating- questions ; such as the admission of California ; the estab- lishment of the boundary line between Texas and Mexico ; the abolition of the slave trade in the District of Columbia, and the modification of the Fugitive Slave Act. The fourth resolution of this bill was as follows : *^'Besolved, That it be proposed to the State of Texas, that the United States 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 United States, 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 being no longer applicable to that object, after the said annexation, but having thenceforth become payable to the United States; and upon the condition, also, that the said State of Texas shall, by some solemn and authentic act of the Legislature, or of a convention, relinquish to the United States any claim which it has to any part of New Mexico." Congress proceeded slowly with the settlement of this perplexing question. y On the 5th of August, Mr. Pearce introduced what has since been denominated the " Bound- ary Bill ;" a bill that finally became a law. ^ In the debate upon this bill, the speakers generally disclaimed any right which Texas legitimately had to the territory of Santa Fe. The following, from the speech of Mr. Moore, of Pennsylva- nia, illustrates the general tone of the debate : "And here let me say that, while I may, perhaps, be willing to vote for a reasonable sum to Texas in the settlement of this question, not one dollar of it would I vote as a remuneration for the territory which she thus claims ; but because I feel that, having annexed that State to this Union, and taken all her means of revenue, we are, in a measure, at least equitably, if not legally, responsible for the debts due from her at that time, and for the liquidation of which debts these revenues were pledged." SCENE NEAR FORT MASON. THE BOUNDARY BILL. 365 In the discussion on this subject, it Wcis generally con- ceded that all the debts contracted by the late Republic were upon the faith of the revenue derived from customs, and it became a question of some moment as to the amount of said debts. According to Gouge's Fiscal History, the public debt of Texas, at different periods, was as follows : In 1836, $267,534 ; in 1837, $1,090,984 ; in 1838, $1,886,525 ; in 1839, $3,102,083 ; in 1840, $5,485,502 ; in 1841, $7,704- 328 ; and in 1851, with accumulated interest, $12,436,991. But we have already stated that the Auditor and Comptrol- ler, under the direction of the Legislature, and with the assistance of a Legislative committee, had scaled this debt to a sum supposed to be equal to the par value received by the late Republic. In his speech before the Senate, Mr. Pearce fixes the equitable debt at a little less than $4,500,000. On the 9th of August, Mr. Pearce's bill w^as engrossed for a third reading, and finally passed the Senate by a vote of thirty to twenty. And on the 4th of September, it passed the House without amendment, by a vote of one hundred and eight to ninety-seven. It may not be improper to state that the creditors of Texas had marshalled in force in the lobby at Washington, and were energetically at work to secure the passage of the bill. For the benefit of our readers we go^j the act in full : An Act proposing to the State of Texas the establishment of her north ern and western boundaries, the I'elinquishment by the said State, of all territory claimed by iier exterior to said boundary, and all of her claims upon the United States. Be it enacted, etc : That the following propositions be, and tlio same are hereby offered to tlie State of Texas, which, when agreed to by the said State, in an act passed by the General Assembly, shall be binding and obligatory on the United States and upon the said State of Texas ; pro- vided, that the said agreement by the said General Assembly shall be given on or before the first day of December, 1850. 1st. The Stale of Texas will agree that her boundary on the north shall commence at the point at which' the meridian of one hundred degrees west from Greenwich i-; intersected by the parallel of thirty-six degrees thirty minutes north latitude, and shall run from said \)o'u\t due west to tlie meri- ym. Chambers, J. G. Chambers, Campbell, Charlton, Chisan, Clayton, Cook, Chilton, Clark, Jr., Cleveland, Coke, Davidson, Devine, Diamond, Donelson, Dougherty, Dancy, Deen, Davenport, Wm. W. Dia- mond, Dunham, Early, Edwards, Field, Flournoy, Ford, Full, Feeiiey, Spencer Ford, Frost, Galloway, Gold, Graham, Green, Gawhal, Robert Graham, Gray, Gregg, Henderson, Herbert, Hill, Hogg, Hooker, Howard, Hays, Hicks, Hobby, Holt, Hord, Hoyle, Hutchison, Ireland, Jennings, Jones, Kelly, Koester, Latham, Lasseur, Lester, Locke, Lubbock, Lea, Lit- tleton, Lofton, Luckett, MaKby, Maxey, M'Craven, M'Cray, Miller, Thomas Moore, T. C. Moore, Montel, Muller, Marshall, Lewis W. Moore, M"In- tosh, M'Craw, Mills, Moss, Nash, Neal, Newsom, Nichols, Nicholson, Noendorf, Nelson, Nayland, A. J. Nicholson, Norris, Obenchain, Ochiltree, Oldham, Palmer, W. K. Payne, W. M. Payne, Peck, Pope, Pendergrast, Poag, Portis, Preston, Price, Rainey, Reagan, Rector, Robertson, Rogers, J. C. Robertson, Rliome, Wm. P. Rogers, James H. Rogers, Ross, Rugely, Runnels, Scarborough, Scurry, S. S. Smith, G. Smith, Scott, Shepherd, Stell, Charles Stewart, J. G. Stewart, Stockdale, Wm. H. Stewart, Taylor, B. F. Terry, N. Terry, Thomason, Todd, Thompson, Waller, Walworth Warren, AVard, Watkins, Weir, AVharton, AViley, AVilson, Wilcox, Benja- min Williams, Work, — 167. Noes. — Hughes, Johnson of Lamar, Johnson of Titus, Shuford,^ Throck- morton, Williams of Lamar, and Wright. At tlie re-assembling of the Convention, March 2d, the following names were added to the yeas: Bagby, Chambers, Baxter, Cox, Hall, Harrison^ Henderson, Henry, Hunt, Jones, Mattox, Montgomery, M'Call, Nash, Stapp, Russel, Wilson, Word. SECESSION ORDINANCE. 385 tion eithei* to the persons of our people upon an exposed frontier, or to the property of our citizens; and, whei-eas, the action of the Northern States of the Union is violative of the compact between the States and the guaranties of the Constitution ; and, whereas, the recent developments in Federal affixirs make it evident that the power of the Federal Government is sought to be made a weapon with which to strike down the interests and prosper- ity of the people of Texas and her sister slave-holding States, instead of permitting it to be as was intended, our shield against outrage and aggres- sion, therefore, '' We, the people of the State of Texas, by Delegates in Convention assembled, do declare and ordain that the Ordinance adopted by our Convention of Delegates on the fourth (4th) day of July, A. D., 1845, and afterwards ratified by us, under which the RepubUc of Texas was admitted into the Union with other States, and became a party to the compact styled ' The Constitution of the United States of America,' be and hereby is repealed and annulled." That all the powers which, by the said compact, were delegated by Texas to the Federal Government, are revoked and resumed. That 'Texas is of* right absolved from all restraints and obligations incurred by said com- pact, and js a separate sovereign State, and that her citizens and people are absolved from all allegiance to the United States or the Government thereof. Sec. 2d. This ordinance shall be submitted to the people of Texas for their ratification or rejection by the qualified voters, on the 23d day of February, 1861 ; and, unless rejected by a majority of the votes cast, shall take eflfect and be in force on and after the second day of March, A. D. 1861 ; Provided, that in the representative district of El Paso, said election may be held on the 18th day of February, 1861. Done by the people of the State of Texas, in Convention assembled, at Austin, this first day of February, A. D., 1861. The act of the Convention was hailed with the liveliest demonstrations of popular joy. Bells were rung, salutes were fired, and the following night the Capitol was illumi- nated. After the passage of the ordinance, both the Con- vention and the Legislature adjourned. On the 9th of February Governor Houston issued his proclamation for an election to be held, in accordance with the ordinance of the Convention, on the 23d of February ; the people to vote for or against secession. At the election 39,415 voted for, and 13,841 against secession. The Convention re-assembled on the 4th of March. A committee was sent to hold a conference with the Governor, and to announce to him, that Texas was now " a free, sover- eign and independent State." The Governor protested 386 HISTORY OF TEXAS. against any further action on the part of the Convention ; and contended that, having passed the ordinance of secession and submitted it to the people, their functions ceased.* The Convention, however, continued in session, and on the same day passed the following ordinance, uniting Texas with the new Confederation which had been formed at Montgomery : An Ordinance in relation to a Union of the State of Texas with the Con- federate States of America. WiiEUEAS, the Convention of this State has received information that the Congress of the Confederate States of America, now in session at tlie city of Montgomery, in the State of Alabama, has adopted a Constitution for a Provisional Government, which Constitution is modeled on that of the United States of America; and whereas, as a seceding State, it becomes 'expedient and proper, that Texas should join said Confederacy, and share its destinies ; and whereas, a delegation consisting of seven members has already been elected by the Convention to the Congress of the Confederacy aforesaid, therefore, The people of Texas in Convention assembled, have ordained and declared, and do hereby ordain and declare, that the delegation aforesaid to the Congress afbresaid, be and they are hereby instructed, and we do accordingly instruct them, in behalf of the State, and as repre- senting its sovereign authority, to apply for the admission of this State into said Confederacy, and to that and for that purpose, to give in the adhesion of Texas to the Provisional Constitution of said Confederate States; and which said Constitution this Convention hei-eby approves, ratifies, and accepts. Skc. 2. Be it further ordained, That the delegation, appointed by this Convention to the Congress of the Confederate States be, and they are *Up to the time of secession, there had been but two Presidents of the Senate elected : Edward Burleson, of the first Legislature, and Jesse Grimes, of the succeeding Legislatures, up to the eighth. H. P. Bee was Secretary of the first Senate; N. C. Raymond, of the second and third; W. D. Miller, of the fourth; James F. Johnson, of the fifth and sixth; R. T. Browning, of the seventh, and James F. Johnson, of the eighth. W. E. Crump was Speaker of the first Legislature; J. W. Henderson, of the second; C. C. Keenan, of the third; D. C. Diclcson, of the fourth; II. R. Runnels, of the fifth; II. P. Bee, of the sixth; Wm. S- Taylor, of the sefventh, and M. D. K. Ta\lor, of the eighth. James H. Raymond was Chief Clerk of the House of the first Legislature; B. F. Hill, of the four succeeding' Legislatures (with J. W. Hampton for the extra session of the third Legis- lature) ; PI D. ]\FIvinney, of tiie sixth; II. H. Haynie, of the seventh, and Wm. Leigh Chambers of the eighth. TEXAS JOINS THE CONFEDERACY. 387 tiereby authorized to act in said Congress, as the duh'^ accredited represen- tatives of the State of Texas. Provided, however, tiiat any permanent Constitution which may be formed by said Congress, shall not become obli- gatory on this State, until approved in such way as sluill be determined upon Sec. 3. Be it further ordained, That tlie President of the Convention immediately transmit, through such channel as he may select, a copy or copies of this Ordinance, to the Congress at Montgomery, and the members of Couffress from this State. CHAPTER III. THE WAR— CLARK'S ADMINISTRATION — SURRENDER OF UNITED STATES PROPERTY AT SAN ANTONIO AXD IN THE SOUTH-WEST— INDIANS HOSTILK— WAULIKK PKKPaKA- TIONS ON A LARGE SCALE- THE BLOCKADE— LUBBOCK'S ADMINISTUAITOX— STATE PUOSPEKOUS— AHIZOXA EXPEDITION— FEDKRALS TAKE POSSESSION OF GALVESTON — MAGKUDEK IN COMMAND IN TEXAS— RECAPTURE OF GALVESTON BY THE CON FED. ERATES — FEUERALS REPULSED AT SABINE PASS — CONSCRIPT LAW— MARTIAL LAW — ''COTTON (iKDKRS "—HOUSTON ON MARTIAL LAW— MUKRAIl'S ADMINISTRATION — FINE CROPS — THE FEDERALS IN THE SOUTH-WEST— FIGHTING IN LOUISIANA — "COT- TON ORDERS" AGAIN — MURRAH VS. MAGHUDER— CONFEDERATE ARMIES DL^BAND. /^N the 14th of March, an ordinance passed the Convention ^^ requiring all State officers to take the oath of loyalty to the Constitution promulgated by the Convention at Mont- gomery. Governor Houston and Mr. Cave, Secretary of State, declining to take said oath, their offices were declared vacant, and Mr. Ed. Clark, the Lieutenant-Governor, was duly installed Governor. The other public officers taking the required oath were continued in office. Agreeably to adjournment, the Legislature reassembled March 18th. Ex-Governor Houston sent a message to that body, protest- ing against his removal and the usurjDation of the functions of his office by Governor Clark. On the 20th of January, 1860, Governor Houston sent General J. M. Smith on a confidential mission to General Twiggs, at San Antonio^ inquiring what disposition would be made of the public property belonging to the United States in the department? To this inquiry Gen. Twiggs replied : " I am without instructions from Washington, in regard to the disposition of the public property here, or of the troops, in the event of the State's seceding. After secession, if the Executive of the State makes a demand on the Commander of the Department, he will receive an Clark's administeation. 389 Edward Clark, the Lieutenant-Governor, having taken the prescribed oath to the Southern Confederacy, was sworn in as Governor on the 16th of March, but General Houston continued to occupy the oflflce building of the Governor until the morning of the 18th, when Mr. Clark entered the room before Houston reached it in the morning, and remain- ed in undisputed possession. There were at that time about twenty-five hundred United States soldiers guarding the frontiers of Texas ; all under command of Major-General Twiggs. The Convention had appointed commissioners to receive the public propertv ; and the following agreement was entered into just after Clark became Governor : San Antonio, Feb. 18th, 1861. The undersigned, commissioners on tne part of the State of Texas, fully empowered to exercise the authority undertaken by them, have formally and solemnly agreed with Brvt. Maj. Gen. David E. Twiggs, U. S. A. commanding the Department of Texas, that the troops of the United States shall leave the soil of the State, by the way of the coast; that thev shall take with them the arms of their respective corps, including the battery at Fort Duncan and the battery of the same character at Fort Brown, and shall be allowed the necessary means for regular and- comfortable move- ment, provi'^ions, tents, etc., etc., and transportation. It is the desire of the Commission, that there shall be no iufraction of this agreement on the part of the State. It is their wish, on the contrary, that every facility shall be afforded the troops. They are our friends. Thev have heretofore afforded to our people all the protection in their power, and we owe them every consideration. The public pro^^erty at the various posts, othei- than that above recited for the use of the troops, will be turned over to agents to be appointed by the Commission, who will give due and proper receipts for the whole to the oflacers of the army, whom the^ relieve in their custody of the public property. Thos. J. Dp:vine, P. N. LUCKETT, S. A. Mavekick. Commissioners on behalf of Committee of Public Safety. In accordance with this agreement, the United States soldiers marched to Green Lake, near Indianola, ready to embark ; and the Government sent an unarmed steamer, the Star of the West, to remove them. The steamer was 390 HISTORY OF TEXAS. captured by Colonel Earl Van Dorn ; and Major Sibley chartered a couple of sail-vessels, upon which he embarked his men. A norther sprung up, and Sibley was unable to procure a pilot. While in the bay, Colonel Van Dorn, with a few hundred volunteers, and the assistance of the steamer Greneral Rusk, sent from Gralveston, captured the schooner and soldiers. Governor Clark authorized Colonel Wm. C. Young to enlist a thousand men for service on the northern frontier. About the first of May, Colonel Young crossed Red river, and captured Fort Arbuckle and other forts in the Indian Territory, Major Emory retreating toward Kansas. The troops from the frontier posts collected in the neighborhood of San Antonio, and on the 9th of May, Van Dorn, with a large volunteer force, demanded their surrender. Officers were paroled, and the men agreed to leave the State. A few of them enlisted in the Confederate army. The Indians, still chafing under their forcible removal from their reservations, and seeing the frontier denuded of trooj)s, became more bold and hostile than ever. Murders were committed in Gillespie, Uvalde, and Kerr counties, and a band of the savages penetrated Atascosa county. Indeed the whole frontier was more or less troubled by their raids. An expedition from Galveston sailed down the coast to the mouth of the Rio Grande, to assist Colonel Ford in capturing the forts and i^ublic property on the lower Rio Grande. It was at first thought that the officer in command of Fort Brown would resist ; but after some hesitation all the public property was turned over to the Texas Commisssioners, Messrs. E. B. Nichols and H. B. Waller. On the 8th of June, Governor Clark issued his proclama- tion announcing that a state of war existed, and that Texas creditors were prohibited froni paying Northern debts, &c. On the 2d of July, a blockading squadron appeared at Galveston, and on the 4th seven small sailing vessels were LUBBOCK ELECTED GOVERNOR. 391 captured. Soon afterward, the whole Texas coast was closed to commerce, excej^t by the hazardous mode of blockade- running. The whole country was alive with the military spirit. The State was divided into militia districts for camps of instruc- tion. In August the Governor appointed thirty-two Brig- adier Generals of militia. By the 7th of November, fifteen thousand men had enlisted in the Confederate army. At the election in 1861, F. R. Lubbock was elected Gov- ernor, and John M. Crockett, Lieutenant Governor.* *For Governor: Francis K. Lubbock, 21,854; T. J. Chambers, 13,759; Edward Clark, 21,730. Total, 57,343. For Lieutenant Governor ; Crockett, 22,321; F. F. Foscue, 12,160. Executive Officers During Houston and Clark's Term .—Secretaries of State, E. AV. Cave, Bird Holland, and C. S. West ; Attorney General, G. W. Flournoy; Comptroller, C. R. Johns; Treasurer. C. H. Randolph; Laud Commissioner, F. M. White. Courts. — At annexation, John Hemphill became Chief Justice of the Supreme Court, and A. S. Lipscomb and R. T. Wheeler, Associates. Tom Green, Clerk. In 1856, Justice Lipscomb diod, and O. M. Roberts bec:un<' Associate Justice. In 1850, the Court was required to hold its sessi ns alter- nately in Austin, Galveston and Tyler. In 1«5S, Jnsiice Hemphill was elected to the Senate. Wiieeler became Chief Justi'-e, and James H. Bell, Associate. In 1862, George F. Moore was elected Associate Justice. lu 1816, John C. Watrous was appointed Judge of the Federal District Court. In 1858 a new district was formed and Thomas H. Duval was ap- pointed Judge. In 1856, the Legislature created a Court of Claims. James C. Wilson was appointed Commissioner. He was succeeded in 1857 by I. A. Illingworth ; and in 1858 by Ed. Clark ; 1859 by Joseph Lee ; and in 1860 by William S. Hotchkiss. We have entered upon the era of the great civil war. The time has not arrived to write its story, or to discuss its principles with the calm spirit of history. It was a dark, gloomy period, in which bitter passions pre- vailed. Future generations will form their estimate of its men and its measures. We shall confine ourselves to a simple record of the facts and incidents as they occurred. Congressional Bejy7-esenfation. — Sam Houston was Senator from 1846 to 1857 ; Thomas J. Rusk from 1845 to 1857. After Rusk's death Matt. Ward filled out his unexpired term, when Lewis T. Wigfall was elected. In 1859, John Ilempliill was elected in place of Sam Houston. Wiglall and Hemphill resigned Avhen the State seceded. Texas was entitled to two Representatives in the lower House. David S. Kaufman represented the Eastern District from 1846 to 1851; Richardson Scurry, in 1851-53; O. W. 392 HISTORY OF TEXAS. Mr. Lubbock was inaugurated Governor IN'ovember 7th, 1861. Texas suffered less, probably, from the effects of the civil war than any other Southern State. Her numer- ous gulf ports offered many facilities for running the block- ade ; and on her southwestern border, cotton found a ready market in the towns of Mexico. Through these channels, supplies of groceries and other necessaries were procured, though at an advanced price. Though so large a portion of her able-bodied men were in the army, the old men and boys so managed the servants, as to raise the greatest abundance of corn, wheat, cotton, etc. The women, with great cheerfulness, submitted to the additional labors imposed upon them ; assisting in the field, and especially in the manufacture of cloth for domestic use. The inex- haustible salt lakes of the Southwest furnished the State, and could have furnished the whole Confederacy with that necessary article. In the fall of 1861, a brigade was organized at San Antonio, by General Sibley, for the occupancy of the Upper Rio Grande country. Sibley reached Fort Bliss, near El Paso, on the 16th of December. He marched up the river on the east side, and arrived within a few miles of Fort Craig on the 20th of February, 1862. At a place called Valverde, a great battle was fought on the next day. The Texans, after a severe fight, remained masters of the field ; having taken some prisoners and six pieces of artillery. The Federals retired to the fort. After this fight, the Texans advanced up the river, occupying Santa Fe on the 23d of March. On the 27th of March, at a canon called Glorietta, twenty miles north of Santa Fe, a portion of the command was attacked by a strong force of Federals, and suffered a heavy loss in killed and prisoners. Some other Smyth, in 1854-55; Lemiiol Dale Evans, in 1856-57; and John IT. Reagan in 1858-61. TiniMthv Pillsbury represented the Western District from 1846 to 1849; Volney E. koward, in 1850-58; P. H. Bell, in 1854-67; Guy M. Bryan, in 1858-59 ; Andrew J. Hamilton, in 1860-61. r. R. LUBBOCK. CALLS FOR TROOPS. 395 skirmishes took place, but without any decided victory The last one was at Peratta, on the 23d of April. The command was then on the retrograde march toward Texas. In killed, wounded and prisoners, the brigade had lost about five hundred men in New Mexico. This was a heavier loss, but the result was not so disastrous as the Lamar Santa Fe expedition in 1840. The Texans found Forts Craig, Union, etc., too well garrisoned and strongly fortified to take with their slender means ; and the popula- tion of New Mexico, almost to a man, espoused the Federal cause. The whole power of all departments of the Government was exerted to fill up the ranks of the army. February 26th, 1862, Grovernor Lubbock called for fourteen regi- ments, and sent them into camps for instruction. November 29th, Greneral J. Bankhead Magruder succeeded General Hebert in the command of Texas. He called for ten thou- sand additional troops. At the close of Lubbock's adminis- tration, the Adjutant-General reported ninety thousand Texans in the Confederate armio ;. On the 17th of May, 1862, Commodore Eagle, of the blockading squadron, demanded the surrender of Galves- ton. It was known by the Confederates that he had no land forces to occupy the city, and no attention was paid to the demand. On the 4th of October, the demand was repeated, and four days allowed for the removal of non-combatants. The Commodore gave notice that he had a suflicient force to capture and hold the island. The Confederates withdrew to Virginia Point, six miles distant. The Commodore sent some of his vessels into the inner harbor, and two hundred and sixty men, of the 42d Massachusetts, landed and raised the United States flag over the Custom-House, and took a position on one of the wharves. This was the situation when General Magruder assumed command in Texas. He at once determined to repossess the island. The return of Sibley's brigade from Arizona gave Magruder a large 23 396 HISTORY OF TEXAS. force of experienced soldiei's, which was augmented by about five thousand State troops called into temporary service for the protection of the coast. Preparations hav- ing been carefully, but secretly, completed, Gen. JNlagruder went to Virginia Point on the 29th of December, at the same time sending the Neptune and Bayou City, two bayou steamers fitted up as gun-boats, with the Lucy Gwinn and John F. Carr as tenders, to the head of Galveston Bay, with instructions to enter the harbor on the nio-ht of Decern- ber 31st, for the attack on the city. Early in the night designated, the land forces crossed from Virginia Point over to the island and silently took a position for the attack. The 42d Massachusetts was stationed on the wharf ; but had taken up the planks between their position and the shore. The steamer Harriet Lane was- lying at the wharf, and the brig Westfield, the gun-boat Owassee, and the Clifton, a transport, and some smaller craft, were lying out toward the Pass. The fight was opened by the troops on the island. Soon afterward, the bayou steamers moved up to the channel and attacked the Harriet Lane. The Neptune was pierced by a shell and soon sunk in shal- low water. The Bayou City ran up to the Harriet Lane and became entangled in the rigging, and could not be readily disengaged. The Texans promptly leaped on board the Harriet Lane, which soon surrendered, having lost her principal officers. Soon afterward, the men on the wharf surrendered ; and some other Federal vessels^ includ- ing a barque and some smaller craft, were captured by the Texans. The others left the harbor. The Westfield, in trying to get out, got aground, and to prevent her from fallino; into the hands of the Confederates, a train was set to exj^lode her. The explosion not occurring as soon as expected, Commodore Renshaw, with fifteen men, went on board to examine the fuse. While they were on the ship, she exploded, and all the men lost their lives. All the vessels left the harbor, and for a few days the port of Gal- veston was open to commerce. THE CONSCRIPT LAW. 397* No other important engagement took place in Texas until September 6th, when a fleet of twenty-odd sail appeared off the coast at Sabine Pass. The fort erected to defend the Pass had only forty-one men, under Lieutenant Dowling. Three or four vessels entered the harbor and commenced bombarding the fort. When the vessels arrived within good range, the guns of the fort were opened upon them, and in a few minutes two of the ships were disabled ; and the others left the harbor. The two disabled gunboats, the "Sachem" and "Clifton," with all their armaments and crews, were captured. This gallant achievement of a few men saved the Texas coast from a formidable threatened invasion. During Governor Lubbock's administration, the conscript law was enacted and enforced in Texas. This, in its various provisions, placed every man liable to military duty in the ranks. In the Governor's message to the Legislature, in K'ovember, 1863, he says : " I again suggest the importance of declaring by law, that every male person, from sixteen years old and upwards, not totally unfit, be declared to be in the military service of the State ; that no exemptions be allowed other than those recognized by the Constitution ; and that no one be permitted to furnish a substitute. I am clearly of the opinion that exemptions and the right to furnish substitutes is working great injury to the country, and should be abolished, both by the State and Confederate Government." * * The Governor states that about ninety thousand men had entered the Confederate service from Texas, besides " minute companies" not liable, under the present law, to military duty. The highest vote the State had ever polled was 64,027. April 28th, 1862, General Bee, in command at San An- tonio, proclaimed martial law over the western sub-military district, and on the 30th of Mav followinoj, General Ilebert proclaimed martial law over the whole State, in the follow- ino: General Order : 398 HISTORY OF TEXAS. Confederate States of America. Headquarters Department Houston, May America. "^ OP Texas, > 30, 18G2. ) [General Order No. 45.] I. The following Proclamation is published for the information of all concerned : PROCLAMATION. II. I, p. O. Hebert, Brigadier General Provisional Army, Confederate States of America, do proclaim that Martial Law is extended over the State of Texas. Every white male person above the age of sixteen years, being temporarily or otherwise, within the aforesaid limits, shall upon a summons issued by the Provost Marshal, promptly present himself before said Provost Marshal to have his name, residence, and occupation registered, and to furui-h such information as may be required of him: And such as claim to bo aliens shall be sworn to the effect that they will abide by and maintain tlie laws of this State and the Confederate States, so long as they are permitted to reside therein, and that they will not convey to our enemies any informa- tion whatever, or do any act injurious to the interest of the countr\\ All orders issued by the Provost Marshals in the execution of their duties, shall be promptly obeyed. Any disobedience of summons emanating from^ them shall be dealt with summarily. All officers commanding troops will promptly comply with any requisitions made upon them by Provost Marshals for aid or assistance. Any attempt to depreciate the currency of the Confederate States is an act of hostility ; will be treated as such and visited with summary punish-^ ment. No interference with the rights of loyal citizens, or with the usual routine of business, or with the usual civil administration of the law, will be per- mitted, except where necessary to enforce the provisions of this Proclamation.. By order of Brigadier General P. O. Hebert, Provisional Army C S., Commanding Departm,ent of Texas. Samuel Boter Davis, Captain and Assistant Adjutant Oeneral. On the 21st of November, 1862, General Hebert issued an order prohibiting the exportation of cotton, except by authorized agents of the Grovernment. In February, 1863, Greneral Magruder issued a new cotton order, imposing additional restrictions upon the exportation of cotton across the Rio Grande. The papers generally condemned this interference with trade, as preventing the j^eople from pro- curing necessary supplies ; and in April the Commanding General issued another "order" revoking all previous MURRAH ELECTED GOVERNOR. 399 '*' cotton orders,'' and permitting planters, who could procure teamsters not subject to conscription, to export any amount of cotton. But it was but a short time before other restric- tions were j^laced upon the Rio Grande trade. At the election held August 3d, 1863, Pendleton Murrah was elected Governor, and Fletcher S. Stockdale, Lieutenant Governor.* * For Governor there were polled: For Murrah, 17,511; T. J. Chambers, 12,455; scattering, 1,070 — total, 31,036. For Lieutenant Governor: F. S. Stockdale, 11,15-2; Stephen H. Darden, 8,083; A. M. Gentry, 4,400; P. W. Ivittrell, 4,163; scattering, 3. Executive Officers. — R. J. Towns, Secretary of State ; C. E. Johns, Comp- troller; C. M. Randolph, Treasurer; Stephen Crosby, Laud Commissioner ; J. Y. Dashiell, Adjutant General; N. C. Shelly, Attorney General. During this administration a change gradually took place in the public mind. At its commencement, the great mass of the people cheerfully, even enthusiastically sustained the newly-formed Confederacy, and they pi'omptly submitted to every law and every order deemed necessary to success. A great majority looked upon the establishment of the Confederacj' as an accom.- plishcd fact ; and believed that its recognition by the governments of Europe, and the United States itself, was only a question of time. But the events of two years — the surrender of New Orleans and Memphis in 1862, and the fall of Vicksburg in 1863, began to beget doubts of final success. Again — at first the farmers obeyed, without a protest, the various " cotton orders" as they were issued from " Headquarters." But observation of the working of tlicse changing '* orders," created a suspicion that they operated to the injury of the planter, and inured more to the benefit of speculators than the Confedcra'te government; and this Mdthout impugning the motives of the commanding generals. Again, the conscript law and the confiscation laws were enforced a little too vigorously. Some in feeble health were pushed into the army, who ought to have been at home under the care of a doctor, and Willi th(-ii- friends and families. In some instances, persons who had spent a lifclhne in Texas were accidentally in the North, and did not, or perhaps co\ild not, return to their homes. Their property was seized by the receivei's and confiscated. But the subject of most dissatisfaction was the proclamation of martial law; and the manner of its enforcement. It was not intended, originally, to interfere with men in legitimate business. But under the rulings of young lieutenants, citizens were prohibited from going to a neighboring county seat witliout a passport. Venerable men, who had spent forty years in Texas, fell humiliated, when they had to travel a considerable distance to obtain from a young lieutenant permission to visit a relative, or transact some item of business in a neighborhood out of their county. AVhile many complied even with the i-equiremeuts of the "order" for the good of the 400 HISTORY OF TEXAS. Pendleton ]\Iiirrah was inaugurated Governor Xoyember 5th, 18G3. A large number of refugees from Louisiana^ Arkansas and Missouri had entered Texas with their slaves ; the season had been propitious, and overwhelming crops of corn and cotton had been produced ; the latter crop supposed to amount to three hundred thousand bales, the largest Texas had ever produced. Nearly every family had been fur- nished with wheels and looms, and an abundance of cloth was manufactured. The trade across the Rio Grande, and that carried on by running the blockade, kept the people tolerably well supplied with such necessaries as could not be produced in the State. But, while thus rejoicing in the exemption from calamities incident to the war in other States, the cheerful spirit which pervaded the people during the first years of the war was evidently on the wane. cause, others thought it an intolerable infringement of the rights of freemen. One editor, for his severe strictures upon the measure, was threatened with arrest and imprisonment. From its first promulgation there were some who denounced this order. Among the foremost were A. H. Stepheus, Vice President of the Confederacy; W. S. Oldham, one of the Senators from Texas, and others of less note. A few weeks after martial law was pro- claimed in Texas, ex-Governor Houston, then in retirement, wrote an earnest protest against it to Governor Lubbock, exhorting the Governor to see that the laws of the State were properly enforced, and reminding him that he is the swt'>rn Executive. Houston says : " A proclamation issued bv General Hebert, in May last, and I pi'esume not revoked, is the most extra- ordinary document I have ever seen, and I venture to say ever seen in any country, unless it was where despotic sway was the only rule of law. In that prochimation he abrogates all powers of your Excellency, as Governor of the State, ignores the Bill of Rights, the Constitution and the Laws, and ari'ogates to himself undefined and unlimited powers. By this i)rocIaniation of martial law, he has created provost mai'shals, who are authorized to remove citizens, upon suspicion, out of the State without trial; and call in the military to aid in the execution of the provost marshal's pleasure or ■^^ill ; and has established an inquisition to all male persons over the age of sixteen." More tlian six montlis elapsed before tliis lei ter was given to the pubHc. It then appeared in tlie columns of the Houston Tdegntph. The murnuu'ing against the law had become so deep tliat it f>)uud utterance in the language of the old hero of San Jacinto. Houston was now in declining healtli, and died a few weeks later. It j)roduced a profound impression, especiallv upon tlic old Texans. who looked upon this letter as the venerable patriarch's dying protest against military usurpations. THE FINANCIAL QUESTION. 401 The financial question was becoming more and more per- ] Jexing.' The Legislature authorized the collectors to receive Confederate money at par for taxes, and to pay all officers of the Grovernment in the same currency, and that when in the market it was worth only about three or four cents on the dollar. People paid their taxes promptly, but the salary of the Governor or any other State officer would hardly buy his cigars, if he indulged in smoking. To con- sider this, and other questions, he convened an extra session of the Legislature, on the 11th of May, 1864. But that body could devise no plan of relief which did not recognize the depreciation of Confederate currency, and that they were still unwilling to do. They did, however, provide for exchanging the old for the new issue of Confederate bills. The Federals having failed to effect a landing on the eastern coast of Texas, next directed their attention to breaking up the trade carried on through Brownsville and Matamoras. On the day of Hurrah's inauguration, Gren- eral Banks took possession of Brownsville, General Bee retiring towards the interior of the State. Banks did not attempt to penetrate the interior, but advanced along the coast, in conjunction with a fleet of gun-boats. But few Confederates had been left in the West, and these were more for picket duty than fighting, and retired as the Federals advanced. The Federals took possession of Corpus Christi November loth, Aransas Pass on the 17th, Mustang Island on the 18th, and Pass Cavallo and St. Joseph Island on the 30th. Indianola was occupied by them on the 13th of December, and Lavaca on the 26th. A small party of Federiils crossed over to the Matagorda peninsula. A company of Confederates, under Captain Rugely, of Matagorda, in attempting to cut off this party, were caught in open boats by a fierce norther, and fourteen of his men perished. It was expected that Banks would advance up the coast and attempt the capture of Galveston ; but after a few weeks, his army retired from Indianola, 402 HISTORY OF TEXAS. and, with the exception of a small garrison at Brownsville and Brazos St. Jago, evacuated Texas. No sooner was the West relieved from the presence of an invading army, than the East was threatened. Mata- gorda Bay was evacuated on the 13th of March, and on the 23d of the same month, Banks took possession of Alexan- dria, near our eastern line. General J. Kirby Smith, who, since January, 1864, had been in command of the Trans- Mississippi Department, ordered a rapid concentration of troops to intercept the new advance of the Federals. A number of battles were soon fought ; that of Mansfield, April 8th, and Pleasant Hill on the 9th. The battle of Blair's Landing was fought April 14th. The Federals had been eifectually checked, and on the 26th of April General Steele retreated to Little Rock, and Banks to Alex- andria. After the retreat began the battle of Yellow Bayou was fought. May 18th. On the 12th of March, 1864, General Grant was appointed Commander-in-Chief of the Union forces. He at once began to concentrate the troops into two grand armies ; one in the West, under Sherman, for the capture of Atlanta, and a march to the sea ; and the other under his own imme- diate command for the capture of Richmond. The Trans- Mississippi Department was thus relieved from active participation in the ensuing campaign. General J. C. Walker was appointed to the command in Texas, and General Magruder was assigned to duty under General Smith, in Arkansas. Though Texas was free from the presence of an invading army, the people were not relieved of the burdens and inconveniences of war. Cotton continued to be in great demand. The Confederate officers wanted it ; the State Military Board wanted it ; county courts were authorized to export cotton to procure necessaries for soldiers' families ; and parties engaged in importing machinery for factories, were authorized to take out cotton. So many demands, STERLING C. ROBERTSON. COMPLAINT AGAINST THE MILITAEY. 405 some of them made imperatively, upon the phmter, pro- duced exasperation. Further than that, it brought on a conflict of jurisdiction. Grovernor Murnih, in his message to tlie extra session of the Legislature, refers to this sub- ject as follows : " Subordinate officers on the Rio Grande, claimins: to act under instructions from officers hii>:her in rank in the Confederate States' service, have interfered with cotton transported under the authority of the State, and have delayed and prevented its exportation. I am informed by Colonel E. B. IN'ichols, agent of the State, that they have prevented cotton, belonging to the Military Board, from being exported They have thus interposed themselves between the State and the execution of her laws, the provid- ing of means for her defense and to clothe her people." Not only were cotton and teams impressed for the use of the army, but officers were sent to the leading planters in the best portions of the State, to measure their corn-cribs. A census was then taken of the number of whites and slaves, and mules and horses on the plantation. A liberal amount was left to supply the persons and animals, and the overplus was taken for the army. Governor Murrah had other grounds of complaint against the military authorities. At the regular session of the Legislature in 1863-64, a law had been passed for organ- izing a reserve corps, under the authority of the State, of all under fifty years of age. Many of this class of men were already in the field when a new conscript act was passed, including those between forty-five and fifty years. The law authorized them to organize into companies, &c., before being formally transferred to the Confederate ser- vice. The Governor, after consulting General Magruder, fixed a day for these troops to organize ; but after the law of the Confederate Congress reached the Trans-Mississippi Department, Magruder proceeded to act independently of the State authority. We again quote from the Governor's inessao;e : 406 HISTORY OF TEXAS. ''Major General Magruder, so soon as the recent Act of Conscriptiou^ passed by Congress, was published in the Trans-Mississippi Department, declined receiving the State troops, as State troops, in any form of organi- zation, although tendered to him, and expressed his deterniination to rely alone upon the law of Congress for troops. This law was published in, riouston, according to my recollection, about the 20th of March, and the troops in the four districts already named were then assembling in their brigade encampments, to be organized as the law of the State rccpiired, and in conibrmit}^ with General Orders No. 13, issued by himself, with my con- sent, after they had been continued in service, as State troops, by my orders already referred to. The position assumed by Gen. Magruder virtually in- volved the assumption that the law of Congress annulled the laws the Leg- islature enacted, and that the Confederate military officers were thereby authorized to break up a military organization, formed under the authority of the State as a reserve auxiliary corps,^ embracing men never before em- braced by any legislation of the Confederate Government, and designed to perform nearly the same service, and to accomplish the same ends, as those proposed by the law of Congress. Of couivse, I need not state that my opinions did not at all accord with his, on this subject, and that I so I'epre- sented to him. I preferred that the State organization should be completed and that the troops should go to the field as State troops, at least until the Legislature should meet and dispose of the embarrassing question, by transferring them regularly to the Confederate service, in a body; or to be organized in conformity with, and for the purposes indicated by the Con- script Act, and by adjusting the legislation of the State to that of Congress, if that body should deem it proper so to do. I insisted upon this, as the only proper and legitimate course to be pursued- -but Gen. Magruder did not accede to my views." The Grovernor ventured still further ; and severely criti- cised some of the provisions of the new Conscript Law : "The recent Act of Conscription, passed by Congress, exempts from mil- itary service 'the Vice-President of the Confederate States, the members and officers of Congress, of the several Legislatures, and such other Confed- erate and State officers as the President or the Executives of the I'espective States may certify to be necessary, for the proper administration of the Conlederate and State Governments, as the case may be.' Has Congress tlic ))o\ver to invest by law, the President of the Confederate States with authority to strip the general government of these States of tlie officers jjro- vided for their administration by the Constitution and laws? Has the Confederate Government the power to vest the Executive of a sovereign State, or anj'' other officer, with authority to displace the officers pi'o vided for its administration i)y the Constitution and Laws of that State? "I will not argue these questions, and thereby leave the imi)lication of doubt on my mind as to them. There can be but one answer given to them — that answer must be in the negative. THE CIVIL WAR NEAELY ENDED. 4U7 "The Constitution and laws of Texas have not only provided, but have determined, the officers necessary to the administration of the Government — and they are, in their respective offices, discharging the duties imposed upon them by the authority referred to. ''It is the duty of the Executive of the State to respect and execute its laws, and to see that its Constitution is not violated. These obligations are imposed on him by a solemn oath. He is nowhere empowered to veto or nullify laws already in force, nor to set aside provisions of the Constitu- tion " The civil war was rapidly approaching the end. G-eneral Lee surrendered the main army at Spottsylvania Court House on the 9th of April, 1865 ; Johnston surrendered the army under his command, April 26th ; and Greneral Taylor, May 6th. The last battle of the war was fought in Western Texas, at the old Palo Alto battle-ground, on the 13th of May. May 25th O-overnor Murrah issued three proclamations : one commanaing civil officers to preserve public property; another convening an extra session of the Legislature ; and a third ordering an election for delegates to a convention. The last two were set aside by the Federal Commander. Without formal orders, the soldiers disbanded by common consent, and returned to their homes, taking such public property as they could carry with them. As might have been expected, a scene of confusion and disorder ensued, in which, in some instances, private j)roperty was taken by irresponsible parties. On the 30th of May, Generals Smith and Magruder went on board a Federal vessel, in the harbor at Galveston, and formally surrendered the Trans-Mississippi Depart- ment. General Granger, of the United States army, landed on the 19th of June, and assumed command. He an- nounced the emancipation of the slaves, and the susj^ension of all legislative enactments inconsistent with the laws of the United States,* *Exccutive officers: R. J. Town<, Secretary of State; C. R. Johns, Conip- truller; C. M. liaiulolph, Treasurer; Stephen Crosby, Land Commissioner; D. B. Culbertson, Adjutant-General ; William Stedmah, Attorney-General. 408 HISTORY OF TEXAS. Judicial OflScers: R. T. Wheeler, Chief Justice; George F. Moore and James H. Bell, Associates. There were twenty judicial districts in the State, and two Confederate District Courts, presided over by Wm. Pinckuey Hill, and Thomas J. Devine. Confederate Officers: John H. Reagan was Postmaster-General. The Convention in 186 1, sent the following delegates to the Convention at Montgomery, Alabama: John H. Reagan, Lewis T. Wigfall, John Hernj)- hill, William S. Oldham, John Gregg, and William B. Ochiltree. Lewis T. Wigfall and William S. Oldham represented Texas in the Senate: and during the Confederacy, the following gentlemen I'epresented Texas in the House: 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, Stei)hen H. Darden, and A. P. Wiley. Mr. Murrah was a native of South Carolina. Educated in the political school of Mr. Calhoun, he believed in State Rights and State Sovereignty. With his positive convictions and determined will, he could not adjust him- self to the actual situation when he became Governor of the State. Military "orders'' set aside State laws and denuded the Executive Office of its authority. AVe believe that under more favorable auspices Pendleton Mur- rah would have made a good Governor. As it was, his administration was unsatisfactory to himself, offensive to the military commanders, and of little benefit to the State. His fate excites our commisseration. AVhen the armies surrendered, he left the State and his country. Sincerely attached to a cause now "lost," he lost hope and soon afterward died in Mexico. CHAPTER IV. FIRST KECOX8TRTJCTI0N— HAMILTON'S ADMINISTRATION— REGISTRATION OP LOYAL VOTEKS— KLECTION — CONVENTION — HAMILTON'S MESSAGE— THROCKMORTON'S AD- MINISTRATION—GOVERNMENTS IN THE SOUTHERN STATES DECLARED PROVISIONAL, ONLY— SHERIDAN'S ORDER ON ASSUMING COMMAND — NEW REGISTRATION— IRON CLAD OATH — THROCKMORTON REMOVED — SECOND RECONSTRUCTION — PEASE'S AD- ' MINISTRATION— HANCOCK IN COMMAND — SECOND RECONSTRUCTION CONVENTION— AB INITIO CONTROVERSY— SUFFRAGE BILL — PROTEST OF THE AB INITIOS— «CONVEN. TION DISSOLVES— ELECTION. ON the 29th of May, 1865, President Johnson issued his Amnesty Proclamation, and on the 17th of June ap- pointed Andrew J. Hamilton, Provisional Governor of Texas. Mr. Hamilton arrived in Galveston July 21st, and on the 25th issued a proclamation, announcing his appoint- ment, and assuming the duties of his office. This was a period of transition in which the laws of Congress and the instructions of President Johnson shaped the course both of the officers and people of the State, In due time Gov- ernor Hamilton appointed boards of registration in each county, authorized to administer the amnesty oath and register such as were, under the reconstruction acts, allowed to vote, — those " loyal to the United States, and none others." By proclamation of the Governor, an election was held January 8th, 1866, for delegates to a Convention to form a new Constitution. Very little interest was mani- fested in the election. In his message to the Convention, Governor Hamilt{m said : " I would be wanting in candor if I did not declare that the apathy manifested by the people, in the recent election, fills me with deep concern. From the returns made to the Department of State, and the reports that have reached me from various portions of the State, there is reason to believe that less than half the voters participated in the election." 410 HISTORY OF TEXAS. The Convention met on the 10th of February, and organ- ized by electing J. W. Throckmorton, President, and W.L. •Chahners, Secretary. The Governor, in his message, ex- pressed his views freely on the relation of freedmen to the political institutions of the country. We give some sen- tences : " I believe it would be unwise to exclude the freed- men in our midst from the exercise of political privileges, by making the enjoyment of these privileges to depend upon the accident of birth or color. I wish to be perfectly ** frank in the statement of my views, but I do not wish to be misunderstood. I do not believe that the great mass of freedmen in our midst are qualified by their intelligence to exercise the right of suffrage, and I do not desire to see this privilege conferred upon them. But I think that pro- gress is the great law of mind, under every free government, and I do not believe that any policy can be enduring or permanent in this country, which is based upon accidental circumstances, and ''the traditions of prejudice, instead of being founded upon the eternal princij)les of truth and justice." * * * "I believe it would be wise to regulate the .qualifications of those wdio are to become voters hereafter, by rules of universal application." The Governor adds : " Justice requires that the National Gov- ernment shall see to it, that this now despised and degraded race shall be protected in the beneficial enjoyment of the great boon which has been accorded to them. Any system of laws, therefore, intended to deprive them of the actual fruits of liberty, w^ill meet with resistance from the Con- gress of the United States." The Convention completed its work and adjourned xlpril 2d. The general election w^as held on the 4th of June. The Constitution was adopted ; J. W. Throckmorton was •elected Governor, and G. Wash. Jones, Lieutenant-Gover- nor-* * Executive Officers under Hamilton : James H. Bell, Secretary of State ; \ViIliam Alexander, Attoriioy-Gcnerp.l; A. H. Latimer, Comptroller; S. Harrii, Treasurer; il. M. Elijiu and Joseph Spence, Land Commissioners. Throckmorton's administration. 411 J. W. Throckmorton was inaugurated Grovernor, August 13th, 1866. The Legislature then in session adopted all necessary measures for the complete restoration of civil law. It was the misfortune of Governor Throckmorton that the whole plan of reconstruction, as carried forward by President Johnson, was unacceptable to Congress, and it soon became manifest that he would meet with serious embarrassments in administering the State Government. Though an original Unionist, having voted in the Conven- tion of 1861 against secession, he was elected Governor by the Democrats in opposition to Mr. Pease, the Republican candidate. Early in February, a bill was introduced into Congress for the more efficient government of the insurrectionary States. We copy the preamble : ''Whereas, The pretended State Govevnmeuts of the late so-called Con- federate States of Virginia, North Carolina, South Carolina, Georgia, Mis- sissippi, Alabama, Louisiana, Florida, Texas and Arkansas, were set up without the authority of Congress, and therefore are of no constitutional validity; and whereas, They are in the hands and under the control of the unrepentant leaders of the rebellion, and afford no adequate protection for life or property, but countenance and encourage lawlessness and crime ; and whereas. It is necessary that peace and good oi-der should be enforced in the said so-called States, until loyal and republican State governments can be legally formed ; therefore," &c., &c. During the discussion of the bill, Mr. Pearce offered the following on the subject of universal manhood suffrage, which was adopted by a vote of 60 to 40 : " Be it enacted, that the 14th article of the Constitution amendment being ratified by the Legislatures of the requisite numbw of States, the same is At the election there were 48,519 votes for the Constitution, and 7,719 against it. For Governor, Throckmorton received 48,631 votes, and E. M. Pease, 12,051. For Lieutenant-Governor, Jones, 48,392; L. Lindsay, 8,714. During Hamilton's administration, a tax of twelve and a half cents on the $100 was collected. The receipts into the Treasury amounted to $344,440; and the expenditures to $233,203; leaving a handsome balance in the Treasury. 412 HISTORY OF TEXAS. hereby declared ratified and a part of the Constitution. Wlion any State, lately rebellious, ratifies the same and modifies its Constitution and laws in accordance tlierewith, and wliich sliall secure equal impartial suffrage ro all male citizens of the United States over twenty-one years of age, one year in State and three months preceding election in precinct, without re- gard to race or color, or previous condition of servitude, except as disfran- chised by participation in the late rebellion, in elections lor President, Members of Congress, Governor, State, county, district, city, parish and town elections, and shall constitutionally jji-ovide that all persons shall equally possess the right to pursue all lawful vocations, receive equal bene- fits of the public schools, equal protection and all rights of citizens in said State, and when said Constitution is submitted to the people of said State for ratification or rejection, and when the Constitution shall be ratified and submitted to Congress for examination and approval, shall be declared en- titled to representation, and representatives and senators therefrom shall be admitted on taking the oath prescribed by law." Shellabarger offered an amendment declaring that until the rebellious States are admitted to representation, any civil govertment should be deemed provisional, subject to the authority of the United States, to be abolished, modi- fied or superseded at any time, and all elections under the civil government to be conducted by persons described in the fifth section, and no person should be qualified to hold office under the provisional government who was ineligible under the j^rovisions of the third section of the constitu- tional amendment of last session. Adopted — yeas, 98, nays, 70. This bill was vetoed by President Johnson, and passed over the veto ; in the House by a vote of 135 to 47, and in the Senate by 28 to 10. Louisiana and Texas constituted the Fifth Military District. Under this bill, G-eneral Sher- idan issued the following Order Number One, dated New Orleans, March 19th, 1867 : '* 1. The act of Congress entitled " An act to provide for the more efii- cient government of the rebel States," having been officially transmitted to the undersigned in an order from the Headquarters of the Army, which, assigns him to the command of the Fifth Military District created by that act, consisting of the States of Louisiana and Texas, he hereby assumes command of the same " 2. According to the provisions of the Gth section of the act of Congress above cited, the present State and Municipal Governments in the States of OFFICIAL COMMUNICATIONS. 415 Louisiana and Texas are hereby declared to be provisional only, and subject to be abolished, moditied, controlled or superseded. '•3. No general removals from office will be made, unless the present incumbents fail to carry out the provisions of the law, or impede the reor- ganization, or, unless a delay in reorganizing should necessitate a change. Pending the reorganization, it is desirable and intended to create as little disturbance in the machinery of the various branches of the Provisional Governments as possible, consistent with the law of Congress and its suc- cessful execution, but this condition is dependent upon the disposition shown by the people, and upon the length of time required for reorganiza- tion. " 4. The States of Louisiana and Texas will retain their present military- designations, viz : * District of Louisiana,' and ' District of Texas.' The officers in command of each will continue to exercise all their powers and duties as heretofore, and will in addition carry out all the provisions of the law within their respective commands, except those which specifically re- quire the action ofthe Military District Commander, and except in cases of removals from, and appointments to office." Under this law a new registration of voters, including the newly enfranchised freedmen, became necessary. April 4th, General Griffin, in command at Galveston, addressed the following letter to Governor Throckmorton : " Sir : — I have the honor to acknowledge the receipt of your communica- tions of the 28th and 29th ultimo, and shall deem it a privilege to avail myself of your offer of assistance in registering the qualified voters of the State. " I am exceedingly anxious not to go out of the State for registers; and am desirous of obtaining the names of all persons, irrespective of color, that ai'e qualified to act in this capacity — men that can take the oath of office as prescribed by act of Congi'ess of July 2d, 1862, a copy of which is herewith enclosed. " If possible, please favor me with the probable black and white vote of each county. " I am very desirous to have the laws impartially executed, and no effort shall be spared, on mv part, to bring out the full number of legal voters in this State. " If the citizen* accept the situation, come forward, and yield a cheerful obedience, there can be no trouble." After receiving this communication, the Governor imme- diately sent circulars to the Chief Justices of the various counties, of which the following is a copy : ■ 24 416 HISTORY OF TEXAS. Sir : — In order to facilitate tiie labors of the military authorities in pro- viding for the registration of the legal voters under the recent acts ot Congress, known as the Military Bill and Supplement thereto, it is necessa- ry that you furnisli to tliis department, without delay, a list of all persons in your county, " irrespective of color," who are competent and qualitied to act as Registers, and who can take the accompanying oath. * It is desired by Major-General Griffin, commanding, that each county, if possible, furnisli its own Registers. You will therefore spare no pains to furnish the list at the earliest moment. Send atouce, those who come Avith- in your personal knowledge; afterwards, such others as you nr.iy ascertain, noting particularly their business qualitications so far as practicable. The best men, that is, tho«e who are most competent, and who will act fairly and promptly, should be noted. You are further requested to give the number and name of each voting precinct in your county. The probable number of whites who are entitled to vote xinder the laws of the State. The per centage of those disqualified to vote can be better ascertained here. The probable number of colored entitled to vote under the acts of Con- gress. I can not too strongly urge upon you, and through you, upon the people of your county, the propriety and absolute necessity at this juncture in affaix's, of contributing, to the fullest extent, every aid possible, in order that the military authorities may be enabled to execute tne acts of Congress with promptness and fairness. On the 15th of April Greneral Griffin issued an order forbidding all civil elections in Texas ; and soon afterward another ordering negroes to be 2^1aced on juries. Fifteen registration districts were formed, corresponding to the * Iron Clad Oath. — I, , do solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persoys engaged in armed hostility thereto ; that I have neither sought nor accepted, nor attempted to exercise tlie functions of any office whatever, under any authority in hostility to tlie United Slates; that I have not yielded a voluntary support to any pretended government, authority, power or constitution Avithin the United States, hostile or inim- ical thereto. And I do furtJier swear that to the best of my knowledge and ability, I will support and defend the Contitutiou of the United States, against all enemies, foreign and domestic; that I will bear true faith aud 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 discharge the duties of the office on which 1 am about to enter, So help me God. sheeidan's special order. 417 fifteen judicial districts created by the Legislature of 1866. While the work of registration was in progress, and the State Government endeavoring to harmonize itself with the views of the military commanders,* on the 30th of July the following Special Order IN'umber 105 was issued by General Sheridan, in T^ew Orleans : " A careful consideration of the rei^orts of Brevet Majoi'-General C. Griffin, U. S. Army, shows tliat J. W. Throcl^raortou, Governor of Texas, * As a further evidence of the willingness of Governor Throckmorton in good faith to adjust himself and the State to the new Reconstruction acts of Congress, we add some extracts from a letter addressed to Dr. Ashbel Smith : " I feel an abiding confidence that the people of Texas will not falter, or prove indifTerent. Every citizen of the State, however exalted or humble his sphere, sliould feel that his country demands of him prudent and effi- cient service, and that his services may be more potent for good now than at any future period. Every one who is entitled should register and vote at the proper time, and those who are disfranchised should encourage others that are not. The best and wisest men, who are allowed to sit, should be selected for members of the Convention. No impediment should be thrown in the way of the newly-enfranchised class, but evei*y reasonable means and encouragement should be extended to them in order that they may enjoy without hindrance their new privileges. '' They are in no wise responsible for the present state of things, and should this extraordinarj'^ enlargement of the right of suffrage tend to the destruc- tion of republican institutions, or to the demoralization and ruin of the ])]acks, they are not responsible. Hereafter they are to be, to the people of tlie South, an element of political power and strength, if wisely and properly treated. *' Therefore it is to be earnestly desired that all proper means should be used to direct thesc'people to an intelligent and wise use of the high priv- ilege conferred. " I am in correspondence with the military authorities upon the subject of inaugurating the details of rc^organization, and have tendered the co-opera- tion of the civil authorities of the State in the execution of the law. " I have invited attention to the necessity of having defined and promulga- ted the class of persons heretofore holding office who are excluded — that i'' to what extent the terms *' Executive and Judicial officers" goes, etc. I shall make use of every means to aid those who are charged with the execu- tion of the law, and at the same time endeavor to possess myself of informa- tion necessary to enable the people of the State to act intelligently. I have an assurance from Major (ienoral Griffin that lie will spare no pains to have a full and complete registry of all the legal voters in the State. " Very respectfully, your obedient servant, J. W. TnuOCKMORTON." 418 HISTORY OF TEXAS. is an impediment to the reconstruction of that State, luider the law. Ho is therefore removed from that office. E. M. Pease is hereby appointed Gov- ernor of Texas in place of J. W. Throckmorton, removed. He will be obeyed and respected accordingly." * E. M. Pease became Governor, by military appointment,, July SOth, 1867. This was a period of bitter partizanship. Under the instructions, marked secret and sent by Greneral Griffin to the diiferent boards of registration, a very rigid rule was adopted, by which hundreds of men who believed themselves entitled to register were rejected. In the mean- time. General Sheridan had been removed from the com- mand of the Fifth military district, and General Hancock appointed in his place. The views of the latter differed radically from those of his predecessor. Hancock was opposed to the trial of civillians by the military, and declined to interfere, even at the request of Governor Pease.f *Executive Officers : John A. Green, Secretary of State ; "William M. Walton, Attorney-General ; W. L. Robards, Comptroller ; M. H. iloyston. Treasurer; Stephen Crosby, Land Commissioner; Davis Guerly, Adjutant- General. Justices of Supreme Court: George F. Moore, Chief Justice; R. Coke^ S. P. Donley, A. H. Willie, and George W. Smith, Associates. Judges- WatrDUs, and Duval, Judges of the United States District Court. David G. Burnet and Oran M. Roberts wei'e elected Senators; and Geo. W. Chilton, B. H. Epperson, A. M. Branch, and C. C. Herbert were elected to the United States House of Representatives, but were not admitted to- thcirs seats. f A murder had been committed in Uvalde county. Three men were in confinement for the crime. Judge Noonaii wrote a letter to Governor Pease in which he asked: " Would it not be well to try them by military commis- sion ? " This was transmitted to General Hancock, and answered by Colonel W. C. Mitchell, Secretary of Civil Afiairs, by order of the Commanding General. We copy a few paragraphs: " la his view it is of evil example, and full of danger to the cause of free- dom and good government, that the exercise of the military power, through militarj' tribunals created for the trial of offenders against the civil law, should ever be permitted, when the ordinary powers of the existing State Governments are ample for the punishment of offenders, if those charged with the administration of the laws are faithful in the discharge of their duties. " If the means at the disposal of the State authorities are inefficient to SECRET IXSTRUCTIONS. 419 When G-eneral Hancock was furnished with the " secret " instructions given by General Grriffin to the registrars, he became satisfied that many entitled to registration had been refused ; and on the 11th of January, 1868, he issued a counter "order;" from which we make an extract: " In consequence of this , and as the time for the revision of the registra- tion in the State of Texas is now at hand, and the duty of making tlie revision will, it is probable, in a great degree, be performed by persons who are members of the Boards of Registration, to which the " memoranda" in question were distributed for their guidance, the Major General command- ing deems it of importance that the members of the Board of Registration, and the people at large, should be informed that the ''memoranda" before referred to, distributed from the headquarters of this military district, are null and of no effect, and are not now to be regarded by the Boards of Registration in making theirdccisions ; and that the members of the Boards are to look to the laws, and to the laws alone, for the rules which are to govern them in the discharge of the delicate and important duties imposed uix)n them. '• For this purpose they will be furnished with copies of the Acts of Con- gress relating 'to this subject, and of the amendment (known as Article XIV.) to the Constitution of the United States, " In case of questions arising as to the right of any individual to be regis- tered, the person deeming himself aggrieved is entitled to his appeal from secure the confinement of the persons named in the communication of the Governor of the State of Te"xas to the General commanding tliere, until they can be legally tried, on the fact being made known to him, the com- mander of the district will supply the means to retain them in confinement; and the commanding officer of the troops in Texas is so authorized to act. If there are any reasons in existence which justify an apprehension that the prisoners cannot be lairly tried in that county, let the proper civil officers have the venue changed for the trial, as provided for by the laws of Texas. " In the opinion of the Commander of the Fifth Military District, the exi-iting Government of the State of Texas iiossesses all the powers neces- sary for the proper and prompt trial of the prisoners in question, in due course of law. " If these powers are not exercised for that purpose, the failure to exer- cise tliem can be attributed only to the indolence or culpable inefiicicucy of the officers now charged with the execution and enforcement of the laws under the authority of the State Government; and if there is such a failure, in the instance mentioned, on the part of those officers, to execute the laws, it will then become the duty of the Commander to remove the officers who fail to discharge the duties imposed on them, and to replace them with others who will discharere them." 420 HISTORY OF TEXAS. the decision of the Board, and the Boards are directed to make a full' statement of the facts in sncli cases, and to forward the same to these head- quarters without unnecessary delay. " By command of Major General Hancock. " George L. Hartsuff, Assistant Adjutant General.^'' The want of harmony between Congress and the Presi-^ dent exhibited itself in frequent changes of commanders in the South. General Sheridan represented the Congres> sional element, and was appointed by Mr. Stanton, Secretary of War. Greneral Hancock, on the contrary, represented the views of President Johnson. Soon after the publication of Hancock's letter to Grovernor Pease, and the "order" repudiating the instructions of General Griffin, he was removed, and General J.J. Reynolds appointed to the Fifth Military District, which was soon restricted to Texas, Louis- iana having been reconstructed, and her Representatives admitted to their seats in Congress. Austin. became the headquarters of the District. Under the new regulations, every one who expected to vote was required to register, and present his certificate of registration at the polls. There were registered 56,(378 white, and 47,581 colored voters. It is supposed that 25,000 whites were not registered, either through indiffer- ence, or because they were disfranchised. In order to secure a large vote, the law required that a majority of the registered voters should vote at the election ; but did not require that a majority of the whole should favor the calling of a Convention. But one place of voting was designated in each county ; and that at the county seat. The election occupied four days — February 10th-14th. Forty-four thou- sand, six hundred and eighty-nine votes were cast for the Convention, and 11,440 against it. The Convention met in Austin, June 1st, 1866, and organized by electing Edmund J. Davis, President, and W. V. Tunstall, Secretary. When officially informed of the organization. Governor Pease sent a communication, from which the following paragraj^hs are extracted • SENTIMENTS WIDELY DIFFER 421 <* It is not my iirovinco to make recommendations for your action; but I trust that it will not be considered improper for me to suggest that, in the Constitution you are about to form, it is expected— " That you will declare that the pretended act of secession, and all laws that hnve been enacted in aid of the late rebellion, or repugnant to the Constitution and laws of the United States, are and were null and void from their inception ; and that you will at once repeal all laws that make any discrimination against persons on account of their color, race or previous condition; " That you will provide for ascertaining and paying all debts that were owing by the State at the commencement of the rebellion, and prohibit the payment of any debts incurred in aid of the rebellion, or for the support of the rebel government during its progress ; " That you will secure equal civil and political rights to every inhabitant of the State, who has not forfeited these rights by participation in the late rebellion, or by conviction for crime; " That you will temporarily disfranchise a number of those who partici- pated in the rebellion, sufficient to place the political power of the State in the hands of those who are loyal to the United States Government; " That you will make a liberal provision, by taxation upon property, for the immediate establishment of Free Public Schools for the education of every child iu the State ; " That you will secure to every citizen of the State who has not heretofore received it, a reasonable amount of laud out of the public domain for a homestead ; "That you will adopt efficient measures to enconirage immigration to our State from foreign countries, and to give aid and encouragement to such works of internal improvement as the necessities of our people require. " All these measures are called for by the public sentiment of our loyal citizens, and are necessary, I think, to secure the future happiness and prosperity of all." As the Convention progressed with its work it soon be- came manifest that its members, though acknowledged loyal Republicans, held sentiments widely differing from each other, on the questions deemed vital. In the summer of 1867, a few weeks before General Griffin died (with yellow fever) a petition was drawn up by Mr. William Alexander, and signed by a number of other gentlemen, requesting the General to " declare by military order, all pretended legis- lation done in Texas, dating from and after February 1st, 18G1 (the date of the so-called ordinance of secession), to be, what the law holds it to be, — null and void from the beginning," t. e., ab initio. Because Governor Pease, in a 422 HISTORY OF TEXAS. proclamation, recognized the Constitution and laws of 1866, (subject to certain exceptions), as " rules for the government of the peoj^le of Texas, and the officers of the civil govern- ment, " ]\Ir. Alexander resigned the office of Attorney Gen- eral, to which he had been a2")pointed. Those members of the Convention who, with Mr. Alexander, believed that all laws and legislative enactments since the passage of the ordinance of secession were null and void, were called Ad hiitios. On the 20th of August, the Convention passed a bill appropriating $25,000 additional to defray its expenses. It was sent to General Reynolds for his approval. To this, the General replied on the 24th, as follows : '■'■Hon. E. J. Davis, President Constitutional Convention: "SiK. — [ have the honor to acknowledge the receipt of a resolution of the Convention, passed on the 29th instant, asking my approval of an additional appropriation of tweuty-fivo thousand dollars to defray expenses. '' The Convention has been in session about eighty-five days, and has ex- pended an appropriation of one hundred thousand dollars. "Tlie present state of the treasury, the rate at which money is coming in, and the prospective current wants of the State, forbid the appropriation of any more money from the treasury for the expenses of the Constitutional Convention. " The resolution is respectfully returned without approval." Comparatively little progress had been made towards forming a Constitution, but as no more money could be drawn from the treasury to defray expenses, the Conven- tion adjourned on the 31st of August, to meet again on the 7th of December. On reassembling in December, the contests between the two wings of the Republican party in the body became more marked and irreconcilable. On the question of suffrage, one party wished to disfranchise a large number who had been instrumental in passing the ordinance of secession and sustaining the Confederate cause, while the more liberal wished all the bo)ia fide citizens of the State enfranchised. That party tinally prevailed. Instead of the disfranchising PLACIDO, CHIEF OF THE TONKA WAS. Hamilton's substitute adopted. 425 report of the committee, a liberal substitute, offered by ex- Governor Hamilton, was adopted. * * We copy the section and the vote on the substitute : " Section 1. Every male citizen of the United States of the age o^ twenty-one years and upward, not laboring under tlie disabilities named in this Constitution, without distinction of race, color, or former condition, who shall be a resident of this State at the time of the adoption of this Consti- tution, or who shall theretofore reside in this State one year, and in the coun- ty in which he offers to vote sixty days next preceding any election, shall be entitled to vote fur all officers that are now or that hereafter may be elected by the people, and upon all questions submitted to the electors on any election; "= Pnmded, that no person shall be allowed to vote or hold office who is now or hereafter may be disqualified therefrom by the Constitution of the Dnited States, until such disqualification sliall be removed by the Congress of the United States. • " Provided further, that no person, while Ivept in any asylnm, or confined In prison, or, who has been convicted of felony, or who is of unsound mind, shall be allowed to vote or hold office." Yeas — Messrs. Armstrong of Lamar. Armstrong of Jasper, Bell, Bel- linger, Bryant of Grayson, Buffington, Burnett, Carter, Cole, Curtis, Evans of Titus, Fleming, Gaston, Glenn, Gray, Hamilton of Travis, Harris, Ihirn, Kealy, Keigwin, Kirk, Lcib, McCormick, McWashington, Morse, Muiuiine, Pliillips of San Augustine, Posey, Rogers, Scott, Schutze, Sori-elle, Stock- britlge, Watrous, Williams, Wilson of Brazoria, Wright — 37. Nays — Messrs. President, Board, Butler, Degener, Downing, Faylo, Flan- igan, Hamilton of Bastrop, Hunt, Johnson, Jordan, Keuchler, Lippard, Long, Mackey, Mills, Mullens, Newconib, Patton, Phillips of Wharton, Ruby, Slaughter, Smith, Thomas, Varnell, Wilson of Milam — 26. This bill passed on the 3d of February. On the 4th, the ab initio mem- bers of the Convention entered the following protest. It was signed by twenty-two members; some objecting to some of the statements. Mr. Davis, above his signature, writes: " I join in the above protest, except only that part which charges deception and intimidation on the part of the members." ^'ITon.'E. J. Davis, President of the Convention: " Sik: — We, the undersigned, delegates to the Constitutional Convention of the State of Texas, do hereby express disapproval of the proposed Cun- stitntion adopted by a majority of this Convention. " We object to it, because it is based upon the unwarranted assumption that the Constitution of tlie United States, with the treaties and laws made in pursuance thereof, and the accepted Constitution of the State of Texas (of 1845), have not been continuously tiie supreme law of the land. Be- lieving as we do, that all pretended laws and judicial decisions made within the National limits, and not autliorized bv and subordinate to the Govern- 426 HISTORY OF TEXAS. The Constitution was now nearly completed, and many of the members left for home. At the hour of meeting Febru- ary 6th, no quorum was present. General Canby had been in Texas since December 20th. President Davis read to- the members present a letter from Gen. Canby, directing the records of the Convention to be turned over to the cus- tody of the assistant Adjutant-General of the district. Whereupon Mr. Davis directed the Secretary to turn over the Constitution adopted by this Convention, and all ordinances, declarations and resolutions ado^^ted by the same, and books and records, to the Adjutant-General, as fast as the same could be arranged, written out and enrolled ; after which he declared the Eeconstruction Convention adjourned The Convention had ordered a general election in July, but President Grant had it deferred until the 30th of November and three following days. On the 30th of September, Governor Pease tendered his resignation of the executive office, and for three months an ment of tlie United States, were from the beginning and must remain null and void, and the undersigned will never compromise the principle for any supposed ])olicy. " We do most earnestly and solemnly protest against that provision in the proposed constitution which extends the right of suffrage to all those who voluntarily became the public enemy of the United States, feeling assured that it was the aim of Congress to enable the loyal people of the State of Texas, without regard to any distinction of race or color, to reorganize and maintain a government in the place of that overthrown by the rebellion, and we cannot forbear to express the conviction that the adoption by the majority of the Convention of the provision in regard to suffrage was ob- tained by virtue of a premeditated and deliberate deception, and by meth- ods of intimidation, which deserve the greatest censure. The majority of the Convention have deliberately removed from the Constitution every safe- guard for the protection of the loyal voter, white and bhick. They have stricko' from that instrument the whole system of registry ; they have re- pudiated the oath of loyalty contained in the reconstruction laws; they have spurned the test of equal civil and political rights, and we do most solemn- ly call upon the registered voters of Texas to vindicate the National hoiior^ and the cause of right and justice, by their votes." RESIGNATION OF PEASE. 427 Adjutant in charge of civil affairs administered the execu- tive department of the State of Texas. * * Executive oflBcers during Pease's Administration: W. C.Phillips, Secre- tary of State; Wm. Alexander and E. B. Turner, Attorneys General; INi. C. Hamilton, Comptroller; John T. Allen, Treasurer; Joseph Spence, Lantl Commissioner; A. Morrill, Chief Justice; C. Colwell, A. J. Hamiltou, A. H. Latimer, and L. Lindsay, Associates. Mr. Latimer having resigned, M. B, Walker was appointed in his place. Pease had served two terms as Governor of Texas, in a period of unex- ampled peace and prosperity; and he felt the humiliation of being tram- melled and controlled by mihtary commanders. In his message to the Convention he said- "The powers vested in the officers of the Provis- ional Government are exercised in subordination to the Commander of the Fifth Military District; and without his cooperation and assistance, all their efforts to execute the laws and preserve the public peace can avail but little. I regret to say that, iu some instances, this co-operation and assistance have been withheld, and the acts of the provisional officers have been mis- represented and their recommendations disregarded, A knowledge of these facts has so emboldened and encouraged those who are disposed to dlsrcyaid the laws that, in many instances, sheriffs have reported to this office that they were unable to obtain the aid of citizens to make arrests, because they feared personal violence from the pai'ties and their friends." The situation of Pease was very much like that of Murrah, the last Gov- ernor under Confederate rule. Murrah was under, first, Magruder and then Walker. Pease was under Sheridan, Griffin, Hancock, Reynolds and Canby. This species of civic-military rule was not satisfactory. In Mur- rah's message to the Legislatnro, he said: " Imperative duty requires of me to call your attention- to the fearful demoralization and crimes prevailing throughout the State. 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 iu 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 infamy goes unwliipped of jnstice. Not even a warrant is issued for him — no effort is made by the sworn officers 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 offending chances to touch some peculiar influence, or prevailing notions — and then, without the forms of law, he is hung by a mob." 428 HISTORY OF TEXAS. Under the direction of General Reynolds, who had been re-appointed to the command of the Fifth Military District, the general election was held TsTovember 30th-December 3d, 1869.* In Pease's message to the Convention, he complains as follows : '' It is not the part of wisdom to disguise from ourselves the true situation of affairs. Crime was never as prevalent in Texas as it is at this time. Since the first of December last, authentic information has been received at this office of two hundred and six (206) homicides, committed in only sixty-seven (67) of the one hundred and twenty-seven organized counties of the Stale, while but a small number of the perpetrators have been arrested and punished by the process of the law. This state of things has become so alarming that the people, in several instances, have taken the law into their own hands, and have executed the murderers without a ti-ial — a proceeding which is always dangerous and greatly to be reprobated." * The vote for the constitution was 54,477 ; against it, 4,655. For Gover- nor: E.J. Davis, 39,901; A. J. Hamilton, 39,U92; Hamilton Stuart, 880. Fur Lieutenant-Governor; J. W. Flanagan, 35,401; Wells Thompson, 19,583; Boulds Baker, 10,327; A. B. Latimer, 6,801. No elections were held in the counties of Milam and Navarro. The reason assigned by the Commander was that they were in such a disturbed condition that a peaceful election could not be held. Though General Davis had signed the "protest" exhorting the loyal voters to defeat the proposed Constitution, when he entered the canvass for Governor he advocated its adoption, so that but few votes were finally cast against it. Total registered voters in 1869, 135,553. Whites, 78,648; colored, 56,905. Soon after ascertaining the result of the election, the following special order appeared : lUxtract.} Austin, Texas, January 8, 1870. Special Orders — No. 6. I. The following appointments to civil office are hereby made, the persons iippointed having been elected to the positions designated: Edmund J. Davis, to be Governor; J. W. Flanagan, to be Lieutenant Governor; A. Bledsoe, to be Comptroller; G. W. Honey, to be Treasurer; Jacob Kuech- ler to be Commissioner of General Land Ofiice. The present incumbents will continue to discharge the duties of their respective offices until their successors appear in person and qualify. ********** By Command of Brevet Ma.tor General Reynolds. H. Clay Wood, Assistant Adjutant General. ' On the 11th of January another order was published, convening the Legislature, February 5th, 1870. CHAPTER V. DAVIS' APMINISTRATTON— TEXAS BFXEGATES ADMITTED TO THEIR SEATS IN CONGRESS — MARTIAL LAW AGAIN — STATK POLICK— FRONTIER PKOTECI'ION— THREATENED COL- LISIOV AT CLOSE OF HIS ADMINISTRATION — HAPPILY AVERTED — COKE'S ADMIN- ISTRATION—COUNTRY PROSPEROUS— CONSTITUTIONAL CONVENTION— HUBBARD'S ADJIINISIRATION — LAWLESSNESS SUPPRESSED. MR. DAVIS assumed the office of Governor, January 18th, 1870. The Legislature met, as called by the Commanding General ; ratified the new amendments to the Constitution of the United States ; elected United States Senators, and adjourned. March 30th, the President signed the bill accepting the Constitution of Texas,. and her Representatives and Sena- tors were admitted to their seats. On the 2d of April, Davis issued a proclamation announcing the restoration of Texas to her place in the Union. This he signed as Gov- ernor of Texas. Previous to this he had signed himself Provisional Governor. April 16th, General Reynolds, by special order, relinquished all control over the civil affairs of the State. The Legislature re-assembled April 26th ; and on the 28th, the Governor and Lieutenant-Governor were formally inaugurated. * The Legisatun\ which met April 26th, continued in session until the 15th of August. This was a called session. Among the more important acts may be mentioned the one for organizing the military forces of the State. These •Classed politically, the Lejjfislature, which had been elected at the Pame time -with the Governor, stood, in the Senate, 17 Republicans, (two of them colored), 7 Conservatives, and 6 Democrats. In the House, 50 Republicans^ (8 colored), 19 Conservatives, and 21 Democrats. 4*30 HISTORY OF TEXAS. were divided into two classes : the State Guard, composed of volunteer companies ; and the Reserve ^Military, which included all persons subject to military duty, not enrolled in volunteer comj)anies. Any one might avoid military duty by paying fifteen dollars per year. All the troops were under the control of the Governor. The most impor- tant provision- in the militia bill read as follows : " He shall also have power to declare martial law in any county or counties, and suspend the laws therein, whenever in his opinion the enforcement of the law of this State is ob- structed ; and he shall call out such part of the State Guard or Reserve Military as he may deem necessary. The ex- penses of maintaining such a force to be assessed upon the people of the county or counties where the laws are sus- pended, at the discretion of the Governor, whose duty it shall be to provide for the .trial and punishment of offenders by court martial and military commissions." Another bill authorized the Governor to organize a force •of twenty companies for the protection of the frontier, and to sell the bonds of the State for their support. Another ■established a State police, in connection wuth the militia system, to be under the command of the Adjutant General, — to consist of about 260 officers and men. A bill was also passed, requiring voters to register, and •one laying down stringent rules for conducting elections. Thirty -five judicial districts were created, and the probate business transferred from the county to the district courts. Another bill created a system of free public schools through- out the State. An immense number of general and special laws were passed. We mention one more, — that which permitted those who had no homes, to locate upon the public d(miain. The law gave to each head of a family 160 acres, and to each single person eighty acres, but the land must be occupied as a homestead. For nearly ten years Texas had been under a mixed government, partly civil, and partly nulitary — the military COLLISIONS BETWEEN THE FACTIONS. 431 element predominating. It was hardly to be expected that the peoj^le would, at once, return to the pacific, law-abiding- condition of society at the breaking out of the war. Gov- ernor Davis had been a General in the Federal army — most of the peoj)le of Texas had been enlisted on the other side. The party spirit which had prevailed could not at once give place to mutual confidence. Time alone could modify the asperities engendered by the war. The Conservative and Democratic parties protested against some of the provisions of the militia bill, especially that which empowered the Governor to proclaim martial law ; and the one for the employment of State j^olice. Many of those enlisted in the State police were colored ; some of the officers were men objectionable on many grounds. Col- lisions occasionally occurred. '•' Among the more important acts of the Legislature which re-assembled in January, 1871, was one authorizing counties *A serious diflQ.culty occurred in Huntsville, early in January, 1871. A negro named Sam. Jenkins, an important witness in a ciiminal case, was killed. Certain parties implicated in the killing were arrested by a party of State police, in charge of Captain M'Annelly. After being arrested they were aided by friends to escape, and in the melee Captain M. was wonnded. After this. Governor Davis — January 20th — proclaimed martial law in Walker county, and a Provost Marshal was appointed, and a militarv com- pany from an adjoining county sunnnoned to enforce the law. A militarv commission was convened, and Nat. Outlaw, one of the pai-ties charged with the murder of the negro, was convicted and sent to the Penitentiary for five years. Some other parties were fined. On reviewing the testimony, the Governor released Outlaw, and restored the supremacy of civil law. Another difliculty took place at Groesbeck. On the last day of Septem- ber, 1871, D. C. Applewhite was kiLed in the streets, by Mitch, ('ollon and three colored policemen. Applewhite was charged with carrying con- cealed weapons. Attempts were made to arrest the men who did the kill- ing, when a serious disturbance arose, in which the whites were arrayed on one side and the colored ])eople on the other. On tiio 10th of October, Governor Davis proclaimed martial law in Limestone and Freestone coun- ties. This order was revokod November lltli ; but the people were assessed for a considerable sum to defray exp^^nses. In one other instance, (in Hill county), martial law was for a short time eufoi'ced. 432 HISTORY OF TEXAS. and corporations, by popular vote, to grant subsidies to- railroads. * The Legislature met January 14th, 1873. Mr. Webster Flanagan, who had been elected President of the Senate at. the previous session, resigned, and his ^^lace was filled by Mr. E. B. Pickett, a Democrat The tone of the Govern- or's message was conciliatory, and all parties manifested a disposition to repeal obnoxious laws, reduce public expenses and leo"islate for the benefit of the State. The Militia bill was so modified as to take from the Grovernor the authority to declare martial law ; the State police was disbanded, and the election law and the school law materially changed. Precinct elections w^ere restored, and only one day set apart for elections, instead of four. At the election held in December, 1873, tjh.e Democra,ts elected all the State officers, the Congressmen from all the districts, and a majority of both branches of the Legislature. After the election, an ex parte case, brought before the Supreme Court on a writ of habeas corpus^ brought up the constitutionality of the election law. The Court decided the law unconstitutional, and Governor Davis issued a procla- mation, January 12th, (the day before that fixed for the meeting of the Legislature) prohibiting that body from assembling. The two Houses, notwithstanding the inhibi- tion, met in their respective chambers and organized. The Governor declined to receive any communication from them. On the night of the 13th, great apprehensions were enter- tained of a conflict between the two parties. The second * Under the Constitution the Governor continued in office four years. At the election in the fiill of 1872, the Democrats elected the six Congressmen to which the State was entitled, and a majority in both branches of the State Legislature. At this election a vote was taken to fix permanently the State capital. Austin received 63,297 out of the 111,362 votes cast. For President, Greeley received 66,455 votes, and Grant 47,226. In 1868, by a special act of Congress, Texas was prohibited from voting iu the Presiden- tial election. EDMUND J DAVIS. APPEAL TO GRANT. 435 story of the Capitol building was in possession of the two Houses, guarded by a military company as a special police to assist the sergeant-at-arms, while the lower story was in possession of the executive officers, guarded by a company of colored soldiers, under the command of the Adjutant- General. President Grrant was appealed to, but declined to interfere. Under a protest, the Secretary of State permit- ted a Committee of the Legislature to take possession of the election returns. The vote was counted, and Messrs. Coke and Hubbard duly installed in their respective offices. * * Soon after the meeting of the Legislature, Mr. J. VV. Flanagan, Lieu- tenant-Governor, was elected to theTJnited States Senate ; Donald Campbell was elected President of the Senate. Mr. Campbell died in 1871, and Webster Flanagan was elected in his place. Mr. F. resigned in 1873, and E. B. Pickett was elected. J. P. Newcomb was Secretarj^ of State during Davis' administration; Wm. Alexander, Attorney-General; A. Bledsoe, Comptroller; G. W. Honey, Treasurer; J. Kuechler, Land Commissioner; James Davidson and Frank L. Britton, Adjutants General. Under the Constitution of 1869, Justices of the Supreme Court were nominated by the Governor, and confirmed by the Senate.. They held their office nine years, and the one going out first was ex offl^cio Chief Justice. Courts were held only at the State capital. L. D. Evans was Chief Justice and M. B. Walker and Wesley Ogden, Associates. In 1873, Justice Evans' time having expired, J. D. M'Ado was appointed in his place. An executive officer chosen by a very close vote, or by a minority of the electors, labors under a great disadvantage. There is a magic power in numbers ; and an officer who goes in by an overwhelming majority feels that he has good backing. The vole between Davis and Hamilton was very close. Indeed, General Hamilton thought that, had all the counties voted, and their votes been received, he would have been the successful caiulidate. Governor Davis had labored under another disadvantage. A considerable number of his own political party opposed some of the leading measures of his administration. He was thus without the moral support of two ex- Governors ; three or four ex-Justices of the Supreme Court, and other lead- ing and influential Republicans in all parts of the State. Notwithstanding this opposition, and the Indian depredations on the frontier, and the law- iess acts which disturbed society in various parts of the State, the period in which he was Governor was one of great prosperity. Tiie aggregate wealth of the State increased from $170,473,778, in 1870J to $223,410^920, in i873. Pepulation increased fifty or sixty per cent. At the commencement of 1871 there were in operation in the State 511 miles of railroad. At the closo of 1872 there 1,078 miles; showing an increase of more than one hundred per cent, in two years. 2r:> 436 HISTORY OF TEXAS. It was late at night, January 13th, 1874, when Richard Coke and Richard B. Hubbard were inaugurated to their respective offices. There was still a feverish excitement in the public mind. Fears were entertained that Governor Davis might yet be sustained in his office by the interposi- tion of President Grant, or that some rash act might precip- itate a collision between the different bands of armed men in the city. Fortunately no blood was shed, and on the 19th, though Governor Davis had not formally surrendered the executive office, he had vacated it, and Governor Coke took undisputed possession. Governor Coke had been elected by a majority of about 40,000. All the Congress- men and a majority of the members of the Legislature then in session belonged to the Democratic party ; and the Supreme Court was at once reorganized under an amend- ment to the Constitution, increasing the number of Judges to five. Harmony was thus introduced into all departments of the State Government. Governor Coke, in his message, took a very hopeful view of our State affairs, and the people generally indulged in glowing anticipations of future pros- perity. The opening of railroad communication with St. Louis, the abundant crops and inflowing tide of immigra- tion, stimulated enterprise and kept alive the hopes of our people. In the period of financial distress which has befal- len the country since that period, Texas has suffered less than any other State of the American Union. Considerable dissatisfaction was expressed with the Con- We copy one paragraph from the message of the Governor to the Legis- lature, in January, 1873: "When I commenced the performance of the duties of Governor, I proposed to myself these main purposes: On the one hand to restrain that tendency to extravagant squandering of public money, and running into debt, which has disgraced many of the govern- ments and legislatures of the (so-called) reconstructed States— a tendency, however, that was to be expected of that demoralization which the tremen- dous convulsion of the war caused to permeate, more or less, all parties and classes in those States. On tlie other hand, to restrain that lawlessness which ahvavs unfavor;ibl\- distiniruisliod our peoplo, but had become shock- ingly intensitied by the liabiis taught, oui- young men in military camps." HUBBARD BECOMES GOVERNOR. 437 stitution formed under the auspices of General Reynolds ; and at the second session of the fourteenth Legislature, held in March, 1875, provision was made for calling a Constitu- tional Convention. The Convention met on the 6th of September, and organized by electing E. B. Pickett Pres- ident, and- Wm. Leigh Chalmers Secretary. Having completed its work, it adjourned on the 24th of November.^'' The fifteenth Legislature met on the 12th of April, 1876, and on the 2oth, Messrs. Coke and Hubbard were reinaufru- rated to their respective offices. On the 5th of May, Gov- ernor Coke was elected to the United States Senate ; but he continued to exercise the functions of Governor until the 1st of December. On the first of December, 1876, Richard B. Hubbard, the Lieutenant-Governor, became Governor by the resignation of Governor Coke.f * At the election, August 2d, 69,583 votes were cast foi* the Convention, and 30,549 against it. At the election, February 15th, 1876, 136,606 votes were cast for the Constitution, and 56,652 against it. The regular Demo- cratic State ticket was elected. For Governor, Richard Coke received 150,418, and William Chambers 47,719 votes. Executive Officers : Wells Thompson, President of the Senate; A. W. Deberry, Secretary of State; H. H. Boone, Attorney-General; William Steele, Adjutant-General; Stephen H. Darden, Comptroller; A. J. Dora, Treasurer; J. J. Groos, Land Commissioner. Thomas H. Duval, Judge of the United States Court, Western District; and since 1872, Amos Morrill, of the Eastern District. By an amendment to the Constitution, in 1874, the Supreme Court was composed of one Chief Justice and four Associates: O. M. Roberts, Chief Justice; W. P. Ballinger, George F. Moore, Reuben A. Rives, and Thomas J. Deviiie, Associates. Vacancies having occurred, P. W. Gray and John Ireland were appointed A-^sociate Justices. A new organization took place under the Constitution of 1875: O. M. Roberts, Chief Justice; George F. Moore and Robert S. Gould, Associate Justices. By the Constitution, a Court of Appeals was created; and John P. AVhite, C. M. Winkler and M. D. Ector, appointed Judges. t A good many topics of interest, connected with the administrations of Coke and Hubbard, are treated under special heads — as railroads, penitcL tiary, public debt, &c., &c. Executive Officers: Wells Thompson, Lieutenant-Governor; Isham G. 438 I HISTORY OF TEXAS. Searcy, Secretary of State; A. J. Dorn, Treasurer; S. H. Darden, Comp- troller; J. J. Groos, and W. C. Walsh, Land Commissioners; Williain Steele, Adjutant-Greneral ; H. H. Boone, Attorney-General; V. O. King, Commissioner of Insurance, Statistics and History. U. S. Senators: M. C. Hamilton, 1870-1878 — succeeded by Richard Coke. J. W. Flanagan, 1870-1874 — succeeded by S. B. Maxey. Members of the House: The State was entitled to four members in 1870, and they were George W. Whitmore, John C. Connor, AVilliain T. Clark, and Edward Degner. In 1871-72: W. S. Herndon, D. C. Giddings, (two terms), and W. P. M'Lean. In 1873, after the new apporlionnjent, the State was entitled to two additional ; they were R. Q. Mills and Asa C. Willie, John Hancock, (from 1871 to 1876) ; D. C. Giddings, (1877-78, ; John H. Reagan, (1874-78) ; David B. Culbertson, (1874-78) ; J. W. Throckmorton, (1874-78) ; Roger Q. Mills, (1873-78); G. Schleicher, (1874-78). Lawlessness. — At the close of the Pease administration, mention was made of the prevalence ot lawlessness and crime. It was hoped that alter the restoration of civil law there would be an abatement of this lawless spirit. But unfortunately there was not. Under the Davis administration various excuses were otfered for its continuance. Party spirit ran high. The partizans of Mr. Davis charged that the disorders of society were chargeable to the war spirit still rampamt among their political opponents ; while the Democrats charged that these disorders were greatly aggravated by the State police. It is not possible, at this time, to fix the blame upon the guilty parties ; nor is it necessary. It was fondly hoped that with the inauguration of Governor Coke, who was elected by such an overwhelm- ing majority, the civil law would reassert itself, and arrest the spirit of insubordination. But it did not. On the 13th of June, Governor Coke issued a proclamation denouncing the sevei-est penalties of the law against transgressors, and exhorting civil officers to do their duty in the premises. This had some efiect, as the Governor says, in his message to the ensuing Legislature, that in one' year 853 convicts were sent to the penitentiary; and in about one-third of the State from which jjartial reports had been received, out of 1,561 trials for criminal offences, there resulted 981 convic- tions. There were, however, instances in which the civil law was still powerless; and in July, 1876, the Governor sent Captain L. H. M'Annelly, from Washington county, with fifty men to preserve the peace in DeWitt county. Peace was restored there ; but the presence of Captain M'Anuel- ly's company was demanded in otlier places, and up to the present time it has been found necessaiy to keep a few men in the Governor's employ to oiiforce civil law. During the summer of 1876, the worst band of robbers I hat ever infested our State was broken up. The time has come wlien ail good, law-abiding citizens, of all parties and nationalities, appear to be willing to unite in sustaining the officers of the law, and bringing criminals to justice. The most aggravated case of lawlessness during Governor Ilub- bai'd's administration occurred in El Paso county, when a mob displaced the civil oflScers and committed a number of murders. Many land-forgers have been sentenced to the Penitentiary ; and the bands engaged in robbing stages and I'ailroad trains, it is believed, have been broken up. LIST OF OFFICERS ELECTED. 439 Officers of the Legislature since secession: Of the Senate— President <;lect, 11th Legislature, K. H. Guinn; 12th, Don Campbell, Webster Flana- gan; 13th, E. B. Pickett; 14th, John Ireland; 15th, Wells Thompson. Secretaries: 10th, P. De Cordova ; 11th, Wilham Leigh Chalmers; 12th, C. M. Campbell, and C. C. Allen; 13th, Wilham Leigh Chalmers; 14th, J. F. Beall; loth, William Leigh Chalmers. Officers of the House— Speakers : 9th session, C. M. Buckley; 10th, M. D. K. Taylor; 11th, N. M. Burford ; 12th, Ira H. Evans; 13th, M. D. K. Taylor; 14th, Guy M. Bryan ; 15th, T. R Bonner. Chief Clerks: 9th Legislature, William Leigh Chalmers; 10th, J. H. Herndon; 11th, J. V. Hutchins; 12th, John G. Boyle; 13th, 14th, and )5th, W. C Walsh At the election held November 5th, 1878, the candidates nomina;:ed by the State Democratic Convention, which met in Austin July 16th, were elected, receiving about two-thirds of the votes cast. The other third was divided between the candidates of the Greenback and the Republican parties. The following are the officers elected: O. M. Roberts, Governor; Joseph D. Sayers, Lieutenant-Governor; S. H. Darden, Comptroller; F. R. Lubbock, Treasurer; W. C. Walsh, Land Commissioner. George McCormick, Attorney-General ; George F. Moore, Chief Justice ; M. H. Bonner, Associate Justice. The Congressmen elect are: John H. Reagan, (Dem.), First District; D. C. Culberson, (Dem.), Second District; Olin Wellborn, (Dem.) Third District: R. Q. Mills, (Dem.), Fourth District; George W. Jones, (Ind.), J'ifth District; G. ScTiIeicher, (Dem.), Sizth District, died in Washington. PART Vli. Texas Indians COMANCHE WABRIOR. CHAPTER I. THREE GENERAL CLASSES OF INDIANS — 1, PUEBLAS — 2, INDIANS THAT CULTIVATE THE . SOIL — NASSONITES, CENNIS, CADDOS, WACOS, INTKUSIVE TRIBES — 3, NOMADIC, OR MIGRATORY INDIANS, THAT LIVE BY HUNTING : COMANCHES, APACHES, LIPANS, ETC., ETC WE propose in this cliapter to give a brief sketch of the Indians of our State. This does not include a much earlier race of aborig- ines-— the Mound-Builders, whose monuments of earth- works are found on our coast as far as the Nueces river. Nor do we propose to enter the domain of the antiquary, to inquire whence our Indians came, by what route, and who were their ancestors or their kinsmen. In the popular mind, there are erroneous impressions of our Indian races. It is generally supposed that Indians are all very much alike. On the contrary, they differ as widely in manners, in language, in religion, and in political institutions, as the peoples now inhabiting this continent — peo- ples who have migrated from all the nationsof the Old World. In general, the Indians found in the South were less bax'barous and cruel than those of a more northern latitude. Captive children and feeble women were sometimes put to death because they impeded travel, but such a barbarism as running the gauntlet was unknown here. lu war dances, the Caran- chuas and some other tribes drank the blood of their enemies, and tasted the flesh, but there is no evidence that any Texas tribes were cannibals. Our Indians may be classed under three general divisions : 1. The Pueblas, or village Indians. 2. The tribes who lived by agriculture and stock-raising. 3. The nomadic, or hunting and migratory tribes. I. Pueblas. — In 1537, seventy-five years before the English settled Jamestown, Marcus De Niza, a Franciscan missionary from the city of Mexico, crossed the Rio Grande and entered the village now known as Isleta, the present county seat of El Paso county. He found it then, as it is now, occupied by Puebla Indians, i^robably belonging to the Aztecs, or ancient inhabitants of the continent. They lived in comfort- able houses, dressed in a coarse kind of cloth made from cotton produced in the neighborhood, and had an abundance of corn, vegetables, etc. Very pacific, they i-eadily accepted the new doctrines introduced by the missionary, and conformed to the rites of the Church. Three years later, Isleta was visited, " captured, " in the pompous lan- guage of the narrator, by the Spaniards sent from Mexico under Coronado, when the innocent natives became Si)anish subjects. Coronado conferred upon the settlement the inestimable blessing of introducing sheep, cattle 446 HISTOBY OF TEXAS. and horses. From the supply thus introduced have sprung the immensb herds and flocks and cabalhidos of hor>es in New Mexico. These Indians probably occupied their village for centuries before the discovery of the continent by Columbus. Neither the revolutions in Mexico, nor the peoplo of the United States, have produced any material change in the habits or customs of these Pucblas during the last three centuries. They are nov^ it>\ al and peaceable citizens of the United States, and of the State of Texas, 'i'he Aranamas, near Goliad, were also Pueblas; and are said to have been farther advanced in civilization than those of the upper Rio Grande. If tradition is to be credited, they used glass windows in their two-story houses. They were pacific, and early fell a prey to their more belligerent neiglibors, the Caranchuas. The mission near Goliad, established for the Aranamas, was after annexation converted into a college building, and is now, we believe, private property. II. Tribes that Cultivated the Soil. — There were some twenty differ- ent tribes and bands that subsisted, in part, by cultivating the soil; though all, of course, engciged in hunting and fishing. The earliest discovered and most numerous, and most civilizeol of this class, were the Nassonites and Ceunis tribes on the Trinity and Neches rivers. The Orquizacos, on San Jacinto River and Bay belonged to the same general class. AVhen visited by La Salle, in 1685, the Indians received him kindly, and entertained him with genuine hospitality, and fui-nished him provisions and horses to continue his journey across the continent. A quarter of a century later, the same vil- lages afforded a refuge to Belisle and La Harpe. They ever proved faith- ful allies to the French. These tribes, so numerous and so noble, disappeared during the last years of the last century; and their disappeai'ance and fate are involved in almost as much mystery as the fate of the ten lost tribes of Israel. It was during an era of wars and revolutions. The long contest between France and Spain for the ownership and possession of Texas had finally been settled in favor of the latter; and these Indians, the ever- faith- ful allies of the French, are never more heard of, Yoakum suggests that possibly the intrusive tribes from the United States had a hand in their destruction. But it is useless to speculate on a subject which offers no rational prospect of solution. AVhen the Anglo-Americans reached this country, they found the old villages of the Nassonites occupied by small bands of Alabamas, Coshatties, and Muscogees, who had been driven from their rest on the Alabama River, and sought a new one here. These Indians have always been friendly with the whites, and in the days of the Republic four leagues of land were set apart for their homes ; but the whites have squatted upon the most valua- ble portions of the laud, until now they have but a few hundred acres left; and it is too poor to atti'act the cupidity of settlers. It is probable the small remnant of these Indians will soon be transferred to the Indian Terri- tory. These are now the only Indians claiming a doraicil in Texas. The Caddos were a powerful tril)e inhabiting East Texas and Louisiana. They were brave and Avarlike — possessed extensive fields of corn, large stocks of cattle, horses, etc., and were allies of the French. When driven INDIANS THAT CULTIVATE THE SOIL. 447 from East Texas, they formed a large village near where Fort Worth now stands. The Tehas (or Texas) belonged to the Caddo family. This was once a powerful band. Coronado, in 1540, found the Tehas or Tayos on the upper Red River. He speaks in high terms of this tribe. They proved faithful guides. Joutel, the surviving companion of La Salle, found a vil- lage of this name on the Sabine. The map of Bellin, (Paris, 1744) locate-"^ the Tehas or Teijas village on tiie Trinity, near the present town of Crock- ett.* Am old map in our possession locates their vi'lage on the east side of the Neches River, at the old ci-ossing of the San Antonio and Nacogdorlios road. Their tribal existence was soon lost, but they have left their name inscribed upon one of the most brilliant stars of the great American con- stellation. The Naugdoches, or Nacogdoches, wei*.e another band of Caddos. One of the earliest missions established in Texas was for this tribe, which has left its name to the county in which their principal village was located. In San Agustine county there was another band of the same great family — the Ayisli ; for whom thei'e was also a mission established. •' The Keecliies," says Judge Burnet, " were a peculiar race. Their lan- guage differed radically from all others known in Texas. The Comauches held them in singular abhorrence, believing them to possess and exercise the pow or of witchcraft." They left their name on the creek on which they lived in East Texas. They were not very highly esteemed. Their men weie conjurers, and their women fortune-tellers. After being reduced to a few families, they sought a home across Red River. The Quapawswere another peculiar tribe. They were said to be a kind of Quakers, and were non-combatants. The Shawnees had a village near the present town of Henderson, Rusk county. The Teluiacaiiies gave tiieir name to a range of hills in Limestone county. A university located in their old range now bears their name. The principal village of the Wacoes was on the Brazos River, where tlie city of the same name now stands. This was a large tribe, and their vil- lages were found in several localities. The late George Wilkins Kendall, in his Santa Fe Expedition, gives a pic- ture of a Waco village which that party found on the Trinity River. " In a large bentl of the stream the village was situated, and all around were the corn-tields and pumpkin and melon patches of the inhabitants. Although the bend must have been five or six miles in length, by nearly two in breadth in the wider parts, every poition of it appeared to be in cultivation; and the land was extremely fertile. The purlieus of the village ajipenred to be kept clean. The wigwams, or houses rather, for th(!y deserve that name, werebtiiltin rows and had an air of neatness and regularity about them, such as I had never before observed in an Indian village. They were of conical shape, some twenty-five feet in height, and of about tl»e same diame- ter on the floor; the materials used in their construction being poles, buffalo hides and rushes. The poles were stuck in the ground, and after running up p('i-i)nndicularly some ten feet, were bent over so as to converge to a point at the top, thus giving a regular dome-like roof to carry off the 448 HISTORY OF TEXAS. rains Over these, buflFalo hides in some instances were made fast, and these again were covei-ed with long rushes — thus making thatched cottages impervious to dust and rain. '' Within many of the houses, at an elevation of four or five feet from the ground, was a row of berths extended nearly the whole circuit, and very neatly got up. The bottom of these berths appeared to be of rough basket work, the frame which supported them being of long poles. Tlie inhabit- ants liad carried oflFa principal part of their furniture, but had still enough left to convince us that, for Indians, they lived in much comfort and not a little style. Attached to each residence, and immediately in the rear was another building of smaller dimensions, the lower part of which was evidently used for a corn-crib and store-house. In these buildings we found a quantity of corn and pumpkins, besides finely-cured venison, ante- lope and buflalo meat. Above the corn-crib was a species of balcony." In one of these buildings was found a musical instrument, not unlike a fife, which Mr. Kendall suggested some love-sick Romeo used to charm Iiis Juliet. A house of much lai'ger dimensions was found near the centre of the village; probably the residence of the chief. Mr. Kendall adds: "1 confess that I saw evidences of a more elevated kind of humanity than I had sui^posed was to be found anywhere among the original Americans." Higher up on the river, the Pawnees had extensive villages and culti- vated fields; while the home of the Anadaquas was on the Upper Brazos. Their principal village was near the present town of Graham, in Young county. Hosea Maria, one of the chiefs of this band, once with his warriors surprised and killed a party of foui'teen surveyors in Limestone county. The Cherokees, Creeks, Choctaws and Delawares were Indians belonging to the United States. Driven from home, they sought a settlement in Texas. They became a source of trouble, and were, in 1839, expelled fi-om the Republic. III. We now come to the third class, the Nomads — the real live Indians — the Coraanches. In their own language, they call themselves Naini, or live people, intimating that other nations are growing cSete. This is the Indian that fills up our ideal of true savage life — the Arab of the prairie — the model of the fabled Thessalian ** Centaur," half horse, half man, so closely joined and so dexterously managed that it appears but one animal — fleet and furious. This is the class that has hung like a dark and threat- ening cloud over our frontier, disputing every inch of ground with the no less brave and determined pioneer settler. CoMANCHES. — This was the most powerful and warlike of all the native tribes of Texas. They are offshoots from the great Shoshone family. From the earliest settlement of the country they were hostile to the Spaniards ; but, up to 1836, were on friendly terms with the people of the United States. Their range extended along the entire frontier of Texas, but their principal villages were on the Upper Colorado. The San Saba Mission was established for their benefit. Their government was a mixture of the Patriarchal and the Republican. Their chiefs wei-e elective, and exercised a paternal, rather than a despotic authority. Ditficulties were settled WARLIKE TRIBES. 4A9 generally by arbitration. On foot the Comanche is ungainly and awkward, but is perfectly at home on horseback. They are coasidered the best horse- men in the world. The women pei'form the drudgery, and as described by Mr. Callin, in 1833, wore slips made of dressed skins. They practiced polygamy, and divorces could be readily obtained, especially by the hus- band. Mr. Catlin said they had no system of worship, and but very indis- tinct ideas of a future state. But Captain Marcy, who spent months in the tribe, says they are Theists, worshipping one Supreme Being, and believe iirnily in a future state. Vai'ious estimates are given as to their numbers. In 1833, Mr. Catlin estimated them at from 30,000 to 40,000; but Captain Marcy puts the number at from 12,000 to 18,000. ''They have," continues the Captain, " three local grand divisions : Northern, Middle and Southern ; designated by them as, Tennawas, Yamparicks and Comanches. These again, are subdivided into smaller bands, each having its separate chief or captain. The southern Comanches alone remain permanently iu Texas. They consist of two bands. The names of their two principal chiefs in 1854, were Shascahco and Ketumse. The aggregate number in the two bands at that time was about 1,100 souls. The middle band numbered 3.500, and resided on the Canadian river, but sometimes followed the butFaloes to the Brazos river. The northern band, which was much larger than either of the others, seldom entered Texas." Apaches. — A brave and warlike tribe of hunters, whose principal village was at the Bandera Pass. For a century this tribe depredated upon the citizens of San Antonio. They were generally in close alliance with the Comanches, a kindred tribe. LiPANS. — This was a numerous and warlike tribe of migi'atory Indians, inhabiting the country between the Nueces and Eio Grande rivers. They belonged to the same great family with the Comanches and Apaches. They early acquired the Spanish language and became Spanish subjects. In 1811,. 300 Lipan warriors fought in the ranks of Mr. Menchaca, when he captured Hidiilgo In 1813, 100 of them fought in the Republican ranks at the battle of Rosillo, near San Antonio. The Lipans, being Mexican subjects, found a home on the west side of the Rio Grande. It is supposed that they still occasionally visit Texas in small thieving bands. ToNKAWAS. — A small tribe on the Colorado. They were in mortal dread of the Comanches, and always lived near the American settlementii. They souH'limes committed petty thefts, but were never openly hostile. Their principal chief, Placido was implicitly trusted by Burleson and other Texans, when fighting the Comanches and other hostile tribes. During the late war a number of the Reservation Indians enlisted in the Union army; Placido absolutely refused to enlist, as he said he could never light against Texas. In a melee which ensued, he and a number of his men were kilkd. There is a small remnant of this band in the Indian Territory, that desires to return to Texas. KioKAPoos.— A b.md of this tribe, belonging to the great Algonquin family— came first from Illinois sister wife of Rev. Dr. Fisher, Uve in Austin. 1844 -The Indians continued to be peaceable. Thomas I. Smith and John C. Nail, as commissioners on the part of Texas, met at Tehuacana creek, in Limestone county, representatives of the Comanches", Keechies, Wacoes, Caddoes, Anadaquas, Delawares, Cherokees, Lipans and Tonka- was, and entered into treaties with them. The 'Indian question has alwlys been troublesome and expensive. In a speech in the United States Senate, July 14, 1854, General Rusk stated that Texas had, during the ten years of the repubUc, expended $3,815,011 in protecting her ciUzens against the Indians. CHAPTER IV. NUMBER OF INDIANS IN THE STATE AT ANNEXATION— INDIAN RESEVES — PROSPKROrS lU" r .SOON BROKKN UP— DOVK CREEK FIGHT— SCALPLNG OF MRS. FRIKND— TEXAS^ NOW FREK FROM INDIAN RAIDS. /Vi HE last time auy considerable number of hostile Indians penetrated I the settlements was in the summer of 1848. About two hundred Li- pans passed down the Cibolo creek, and out towards the Rio Grande, committing' some murders and thefts. 1849. — By the treaty of annexation the Indians wei"e placed under the the control of the United States. Major Neighbors was Indian agent. He estimated their numbers at 29,500, distributed as follows: Comanches, 20,000; Kiowas, 1,500; Caddoes, 1,400; Lipans, 600; Keechies, 300; Wa- coes, etc., 1,000; Delawares, 650; Tonkawas, 650; Apaches, 3,500. In January, 1851, a committee of the Legislature reported that during the year 1849 the Indians had, in Texas, killed 171 persons, wounded seven and taken twenty-five into captivity, and had stolen 6,000 horses, and prop- erty valued at $100,000. In 1853 the Forester family was killed, on the Medina river, twenty-five miles from San Antonio. It is supposed the Tonkawas did the killing, though this tribe always professed to maintain friendly relatione with the whites. Indian Reserves. — It was thought the native tribes of Indians were entitled to a domicil in the State, and, in 1854, the Legislature passed a bill giving temporary control to the United States of two tracts of land, in what was then Young district, for Indian reserves. We transfer from the Texas Almanac of 1858 the following account of these reserves: The State of Texas, by Act of the Legislature, set apart twelve leagues of laud, upon which the Texas ludians were to be settled by the United States Goveruiuciit. Said twelve leagues, or 55,728 acres of land, to be reserved to the United States for the use and benetit of the Texas Indians exclusively. Under the supervision of JShijor R. 8. Neighbors, eight leagues of land were located on the Brazos river, below the juncMou of the Clear Fork and Main Brazos, and about tifieen miles below Fort Belknap. Tliis reservation is culled the Brazos Agency, and contains about eleven hundred suuls, eou- sisting of Caddorg, Anadahkoes, Wacoes, Tahwacanoes and Tonkaluias. There are other Indians than those named, but they are enumerated as Caddoes chiefly. C)n this reserve there arc six hundred acres of land in successful cultivation in wheat and corn. The mode of culture is the same, or similar to tliat of the Americans. Tiicse Brazos Reserve Indians have made extraordinary progress in civilization, since their settle- ment in 1853, and are very hon'est. trustworthy and industrious. They have a schotd, under the charge of Mr. Ellis Combes. Mr. C. report* fifty scholars in regular attend- 468 HISTORY OF TEXAS. ance; and, judging from the interest taken in this educational enterprise by the old Indians, he is inclined to the opinion that good re^ult3 will come of it. On this Reser- vation there are several good houses, built expressly for tlie transaction of all and any business connected with the Indians. These buildings are situated near the centre of the Reserve, in a very pi-etty mesquit valley, the approach to which aflbrds a most lovely and sightly landscape. Captain S. P. Ross, an old Texan and a worthy man, is the Special Agent of the United States Government, in charge of the Brazos Agency Captain Ross' long experience on the frontier, and superior kHi>\vlcdge of the Indian cliiiracter, eminently fit him for the position he occupies. lIi-> salary is $1,500 per auDum. The Comanche Reserve is about sixty miles distant from the Brazos Agency, and is located on the Clear Fork of the Brazos river, forty-live miles above its confluence with the main Brazos. Their Reserve extends over four leagues of land, and contains four hundred souls — all Comanches, known as the Southern band of that tribe. Then- head chief is a good man, and has been a valuable auxiliary in the reclamation of these Indians from savage life. He is known by the name of Ketemesie. The Comanches ha\ e not made the same progress as the Brazos Reserve Indians — not that they are any more indolent or lazy, but because of their total estrangement heretofore from the manners and customs of the white man. The Indians on the Brazos Reserve have always lived near, and frequently among the white settlers, while the Comanches have been outside of all intercourse of a friendly nature. This agency is furnished with all necessary buildings, and, like the Brazos Agency, is supplied with competent and trust- worthy farmers and artisans. The Comanches have a good crop this year, and will, most probably, make sufficient to bread themselves. Colonel M. Leeper is their Agent, at a salary of $1,500 per annum. The United States Government has been very liberal in its appropriations for the benefit of the reclaimed savage, and has spared neither trouble or expense in the fur- therance of the peace-policy — a policy which is now beginning to show its good effects. It does justice to the Indian — is due to the cause of humanity, and reflects great credit upo.u the originators thereof. Major R. S. Neighbors is the Supervising Agent of the Government for all the Texas Indians, at a salary of $2,000 per annum. The Major is too well known throughout the country for any attempt to be made here eulogistic of his public services. To him, more than any other, should be ascribed the success of the Indian-feeding policy in Texas. The duties appertaining to the office of Supervising Agent are very onerous and responsible, and not unfrequently hazardous. His course towards the Indians must be scrupulously correct and straightforward; there cannot be one jot or tittle of devia- tion at all from the line of policy marked out. The Indian is liberal in extending his confidence, but it must be carefully cherished . His memory is the rock of ages ; there is no *' two ways " about it. Major Neighbors disburses annually about ^80,000 for the use of the Texas Indians. Texas has wisely granted jurisdiction to the United States over ten miles adjoining each Reserve. This is to prevent the sale or traffic in intoxicating liquors. The civil authority has jurisdiction in all criminal cases, on both Reserves; as well have the In- dians police regulations, of the strictest sort, for their own government. Their imme- diate agents are constituted magistrates, before whom all or any ofleuders are brought for trial. There is less theft or disturbance, of any kind, among these people, than there i.^ among the same population of Americans. Suffice it that the Feeding or Peace- Policy in Texas is a success. It has demonstrated, beyond a doubt, that Indians can be civilized and reclaimed. The Brazos Reserve Indians have tended their own crops, which will compare favorably with any in the State ; and have also kept from fifty to one hundred men on ranging service during the season, and have been great protection to the frontier. Charles E. Barnard, Esq., is the authorized Goverrmient Indian Trader for botTi Reserves. Mr. B. has beru trading with the Indians on the frontier for a period of fifteen years or more. He is welf known t > all the Indians m Texas, and enjoys their INDIAN AFFAIRS. 469 entire confidence. It is nothing but justice to Mr. Barnard to say that his services have been invaluable to the Indian Agents in carrying out the views of the P'ederal Govern- ment. The trading with the Indians is not so protitable now as it was some years past, when the Indians depended upon their hunting for means of support. The trade in skins and peltries is entirely stopped, and the Indians now look to the products of their farms and stock-raisii>g for support. They have generally good stocks of hogs, cattle and horses, and are doing well with them. In 1858 there wevo reported on these reserves : Tonkawas, 250 ; Tehua. canas, 204; Wacoes, 171; Comanches, 380; Aiiadaquas, 235; Caddoes, etc., 219; total, 1,489. They had schools, and a missionary preached tc them occasionally. But the same reasons which required the removal of the Cherokees from East Texas, rendered it imperative to remove the reserve Indians from Texas. After some disturbances between the Indians and the citizens, Major George H. Thomas, of the U. S. Army, in August, 1859, transferred the Indians to the Indian Territory. The census tables for 1860 report only 403 Indians as residents in Texas. These were the Alabamas, etc., in Polk county. During the civil war the Indians were comparatively quiet. Being within the Federal lines, many of them enlisted in the Union army. Some, how- ever, came to the Confederates, and others remained neutral. Among these were the Kickapoos. To avoid the necessity of taking any part in the contest, about one thousand of tliis tribe determined to remove to Mexico, and started through Texas for the Rio Grande. When camped on Dove creek, a tributary of the Concho, they were discovered by the Texans, who were in pursuit of them with about four hundred Confederate soldiers and militia. The Indians were in a dense thicket. The Texans, with great gallantry, charged the thicket ; but they were met with such a hot i-eceptiou tliat they were compelled to fall back. The charge was renewed, time and again, but without dislodging the Indians. At night the assailants with- drew, having lost seventeen killed and twenty-five wounded. They intended the next morning to renew the fight, but a rain having set in, they returned to Camp Colorado and reported having killed fifty-three Indians, including two women and two children. The Indians, when they arrived at Piedras Negras, said that when they were discovered by the Texans they sent a flag of truce to let the Texans know that they only desired peaceably to pass to their new homes in Mexico. The flag was fired upon, (so they said) and their encampment, with the women and children, attacked. They reported that in the fight fourteen of their warriors were killed and eight wounded. For some j^ears after this fight, the Kickapoos were troublesome, crossing the Rio Grande and committing depredations in Ti'xas. Finally, in 1874-5, the United States Commissioners removed the most of them back to their former homes in the Indian Territory. A report made to the Legislature, after a careful investigation by a com- mittee, states that in the two years immediately after the close of the war, 162 persons had been killed in Texas by the Indians; forty-three had been carried into ca[)tivity and stolen. A volume might be written, detailing the particulars of these raids and murders. For ten years after the close of tiie war, almost every month, with the full moon, came an Indian raid into some part of the frontier. Newspapers 470 HISTORY OF TEXAS. were full of the harrowing details. It is not possible to give all these inci- deuts. We give one taken from one of the newspaper accounts at the time it occurred. We knew the parties in former years. Mrs. Friend, the lady scalped, was a daughter of Rev. Joseph Dancer, one of the earliest preacli- ers on the frontier. He was killed by the Indians a year before the raid described below. The little boy, who was carried into captivity, was finally recoveied by his grandfather, Rev. Leonard S. Friend: tiLANO, Llano Co., Texas, Feb. 11th, 1868. '' The most horrible Indian depredations were committed in this county, commencing on the evening of the 6th inst. " The Indians, numbering twelve or fifteen, attacked the house of Mr. John S. Friend, about sixteen miles from this place, in Legion Valley. When first discovered by Mrs. Friend, (the only living witness of the awful scene), the Indians were in the yard, and directly comncienced tearing down the house. The only resistance made was by Mrs. Friend, who contended as bravely as any woman that ever lived. The Indians succeeded in getting into the house. Mrs. Friend attempted to shoot one, but the gun was wrested from her hands ; the Indian attempting to shoot her, she knocked the gun out of his hands with a chair. She afterwards knocked the Indian down with a smoothing iron. Mrs. Friend was then shot in the breast with an arrow, and fell, perhaps fainted. She was also badly cut across the hand, and shot through one arm. The shots were with an arrow. She was then scalped and left for dead. Fortunately she recovered sufficiently to watch the Indians start off But one barbarous wretch, thinking there was possibly life remaining in his victim, returned and gave the arrow, sticking in her breast, several severe jerks backward and forward, to see if she would flinch. Mrs. Friend noticing the Indian returning, placed herself in exactly the position she was while being scalped, and remained as if lifeless during all this torture. She then saw the Indians take ofi" as prisonei's Mrs. Boy Johnson and child, Mrs. Babe Johnson and child, Miss Townsend, a little girl named Cordle, and Mrs. Friend's little sou — seven in all. After Mrs. Friend recovered slightly, she started to the widow Johnson's house, distant one and-a-half miles, where a Mr. Bradford and family were staying. Mr. Bradford pulled the arrow out of her breast, placed a cloth over her head and then fled to the woods, leaving her alone sitting before the fire, in which condition she remained until next morning. The attack was made before sun-down. Twenty-four hours passed before the physician at this place was called ; at the same time word was received here of the afiair. Every man that could possibly go, started immediately — a part going to the scene of the late fatal occurrence. Ai-riving in the night, we had to wait until morning to see the trail, which w^as thirty-six hours after the occurrence. •One child, that of Mrs. Boy Johnson, was found next evening after taken, abi)ut three and-a-half or four miles from Mr. Friend's house. The next morning we found Mrs. Babe Johnson's child with its throat cut from ear to ear, and about ten o'clock of tlie same day, after trailing over one of the rouo'hest mountains, we found both of the Mrs. Johnsons, murdered'and INDIAN DEPREDATIONS. 471 scalped. The same evening Miss Townsend was found murdered, scalped and horribly mutilated, too horribly to be described. The little Miss Cordle and Mr. Friend's son ai-e supposed to be still in the hands of the Indians . *' Parties have watched passes, and tried to follow the trail, but the Indians have eluded all. Old Mr. Smith was killed and scalpod, near the old Fort Mason crossing, on the same day of the other depredations." TRADING WITH THE INDIANS. •^ Part VIIL Biographical Sketches OF DISTINGUISHED CHARACTERS \\ TEXAS. 27 BIOGRAPHIES. Allen, Ebenezer— A native of Maine ; came to Texas during the Republic, and was Secretary of State under Jones' administration; Attorney-General under both Lamar's and Houston's second administrations, and filled the same office in the State, under Bell's administration. He was one of the earliest advocates of Texas railroads ; and was one of the projectors and early managers of the Texas Central. He died in Virginia in 1863. He was then in the Confederate service ; engaged in the torpedo business. Allens, of Houston— Five brothers of this name have been residents of the city of Houston. A. C. and J. K. Allen came to Texas in 1832, and in 1836 bought a league of land on Buffalo Bayou and laid out the city of Houston. J. K. Allen died in 1838. A. C. Alien was Inspector of Customs on the Rio Grande, in 1849, and died in 1863. In 1836, three other brothers settled in Houston. Harvey H. Allen filled the office of Chief Justice of Harris county, and died in 1862. For more than forty years Samuel L. and H. R. Allen have been enterprising citizens of Houston. The latter, in 1870, represented Harris county in the Legislature. Allen, J. M.— Born in Kentucky. At an early age, he entered the United States navy ; left it to engage in the Greek revolution, and was with Lord Byron when ho died atMissolongi, on the 12th of April, 1821; returned to to his native land in time to enlist in the unfortunate expedition to Tampico, in 1835; he escaped; came to Texas and commanded a cavalry company at the battle of San Jacinto. He was the first Mayor of Galveston, an office to which he was repeatedly re-elected. After annexation he was appointed United States Marshal, an office he held when he died, February 12, 1847. Almonte, Don Juan N.— A natural son of the patriot priest, Morelos. Foote gives the origin of the name as follows: " Morelos was at the head of his troops one day, when an infant, (whose birth was thus uncermoni- ously made known to him,) was brought into his sight by the mother. ' Al montel Almonte,— to the mountain with the brat!' and Almonte was thenceforth his name." When the Republicans sent Herrera and Bean to the United States as diplomatic agents, Morelos sent young Almonte with them to be educated at an Americau college. The death of his father soon afterwards deprived Almonte of the means of prosecuting his studies, and he became a clerk in a hardware store in New Orleans. After the triumph of the Republicans in Mexico, in 1821, Almonte left Nacogdoches with 478 HISTORY OF TEXAS. Bernardo Gutierres, who had been appointed Governor of Tamaiilipas. Leaving Bernardo on the Rio Grande, Almonte went on to tlie city of Mexico to push his fortunes. He attached himself to Santa Anna, whose star was then in the ascendant. In 1834 his chief sent him to Texas, where he spent several months making observations on the country and its inhabi- tants. Most of the time he was with Colonel Bean, the old friend of his father. When he returned to INIexico he made a report which furnishes us the best data we have as to the population and resources of Texas at that time. In 1836, Almonte was Santa Anna's private secretary and confidential adviser. After the re-establishment of Mexican authority, Almonte was to run the boundary between Texas and the United States, and then he was to be the Governor. General Rusk gives this account of Almonte's surrender at San Jacinto: " At the close of the tight, and just after sundown, Colo- nel Almonte came out of the woods with about 250 men. There were at that place not exceeding ten or fifteen Americans ; and none of them could speak the Mexican language well. The prisoners were asked if they could speak English? Almonte answered in Spanish that they could not. They were then told in Spanish to form two and two deep and march with us to camp. They formed and commenced marching accordingly. Our few men wex*e distributed around them as a guard'. Most of us were very much fatigued, and such was the condition of the Mexicans, also. As we pro- ceeded in this way, one of our men, who was so tired he could hardly walk, being incommoded by a Mexican who had dropped out of the line, cursed and threatened him in a very rough man;ier in English. This threat was immediately repeated to the Mexican in Spanish. I concluded that he, at least, must undei'stand English very well, and that it was probably Almonte whom I saw before me. I therefore observed so him, ' you must be Colonel Almonte;' he replied in English, * You speak well.' I then rode up to him and gave him my hand, saying to him, ' It afibrds me great pleasure to see you Colonel.' With great presence of mind and his customary politeness he responded, ' The pleasure is reciprocated.' " In the estimation of Almonte, defeat was not an extraordinary event in the life of a soldier of fortune. He conversed freely and without reseiwe with those Texans whose acquaint- ance he had formed two years before. There is no doubt but that his philo- sophic and cheerful temper had its effect upon the Texans, and reconciled them to the measures of the President and Cabinet in sparing the lives of Santa Anna and his officers. In 1840 Almonte was Minister of War under Bustemente, and was instrumental in suppressing a rebellion inaugurated by his former friend Urrea. After Bustemente's overthrow, Almonte for a while supported himself by lecturing. On the return of Santa Anua to power, Almonte was sent as Minister to the United States. AVhen Congress passed the bill for the annexation of Texas, Almonte denounced it and demanded his pass ports. He said " that America had committed the most unjust act recorded in history." In 1846 he was Minister to Great Britain; 1853 to the United States; 1856 again to Great Britain. In 1862, near Cordova, he pronounced in favor of tlie French; in 1863 he Avas head of the French Executive Coun- cil in Mexico; and in 1865 a member of the imperial household of Maxi- BIOGRAPHIES OF PROMINENT MEN. 479 millian. At the downfall of the Empire he sought refuge in France, where he died in 1869. Anderson, Kenneth L. — Was Vice-President of the Kepublic in Jones' administration. He was a prominent candidate for Governor in 1845, and while making the canvass, was taken ill and died at Fantharps, in Ander- son, Grimes county. Mr. Anderson was an eminent lawyer, and was a law partner of Thomas J. Rusk and J. Pinckney Henderson, at Nacog- doches. Archer, Dr. Branch Tanner. — Was a native of Virginia, and served a term in the Legislature of that State. He was in correspondence with Aaron Burr, and intended engaging in Burr's expedition, if that had not been broken up. After engaging in a duel in which his antagonist fell, he came to Texas. This was in 1831. He was soon afterwards sent with Geo. B. M'Kinstry to Anahuac, to remonstrate with Bradburn against the closing of the ports of Texas. Bradburn rescinded the order. He repre- sented Brazoria county in the Convention of 1833 and also in the Consulta- tion in 1835. He was President of the latter body, and after its adjournment, went as one of the Commissioners to the United States. He was Secretary of War during Lamar's administration and died at Mrs. Wharton's, in Brazoria county, September 22, 1856. Arredondo, Joaquin De — Was in early life a staunch Loyalist, In 1811 he captured Hidalgo; in 1813 he defeated Toledo and Perry in the battle of Medina, near San Antonio. In 1817, he captured and shot the unfortunate Mina, and his soldiers defeated and killed Perry at Goliad. The one redeeming trait in his character with Texans is the fact that he cordially entered into Austin's colonization scheme when he was com- mander of the eastern internal provinces, in 1819. Austin, Moses — Was a native of Connecticut. When but twehty years of age, he married Miss Maria Brown, of Philadelphia, and soon after- ward, in conjunction with his brother Stephen, entered into the mercantile business in Richmond, Virginia. They subsequently purchased the lead mines called Chessel's Mines, on New river, AVythe county, to which they removed, and established a regular system for smelting shot. There Stephen F. Austin and his sister Emily were born. This enterprise not proving entirely satisfactory, Moses Austin, having heard favorable reports of the lead mines in Missouri, determined to remove there, and through the influence of Baron Carondelet, then Governor of Louisiana, he secured a grant of the lead mines of Polosi, forty miles west of St. Genevieve. Having procured from the Spanish Consul the necessaiy pass- ports, he started witli his family on the untried route of travel. He crossed the mountains of Virginia and descended the Kanawha river into the Great West, on the last year of the last century, and laid the foundation of a settlement in what is now Washington county, Missousi. He opened the mine, put up the necessary machinery, and for a while carried on an -extensive and lucrative business. At his residence, known as Durham 480 HISTOKY OF TEXAS. Hall, he dispensed a generous hospitality. The failure of the Bank of Missouri involved Mr. Austin in serious pecuniary embarrassments; but instead of givini,^ up to despondency, this only served to rouse him to still grander enterprises. He formed the project of planting a colony of Anglo- Americans in the Spanish province of Texas. To make the necessary arrangements, Austin, in the fall of 1820, visited San Antonio, the capital of the province. He was coldly received by the Governor, and ordered to leave the province under pain of imprisonment. This was discouraging, but as he walked out of the Governor's office, he providentially met Baron De Bastrop, with whom he had been previously acquainted. Through De Bastrop's influence, Gov. Martinez was induced to give Austin a more favorable notice. Austin had become a Spanish subject when that country owned Louisiana in 1798, and of course the law against foreigners did not apply in his case. Through the same influence of De Bastrop^ the members of the Ayuntaimento signed a petition to the commander of the eastern internal provinces at Montei'ey, praying that functionary to grant Austin's request, and permit him to introduce three hundred families into Texas. At that time, the country from the Sabine river to San Antonio was an uninhabited wilderness, the Gachupin war having depopulated the pro- vince. Mr. Kennedy says, that when Austin was two hundred miles from any settlement, he was robbed and deserted by his companions. Subsist- ing on acorns and nuts, he made his way eastward, and finallj'^, in an enfeebled and exhausted condition, reached M'Goffin's settlement on the Sabine river. After resting a short time, he proceeded to his Missouri home. He did not doubt the success of his application, and in the spring of 1821, commenced making active preparations to remove to Texas. But a cold had settled on his lungs, and he continued rapidly to decline; and died at the residence of his son-in-law, Mr. James Bryan, June 10th. " Moses Austin," says Lamar, " maintained a reputation ft-ee fi'om the suspicion of dishonor. His energy, disappointment could not dampen, nor misfortune subdue." A few days before his death, he received intelli- gence of fhe success of his application to the Spanish authorities, and he left an injunction to his son, Stephen F. Austin, to carry out his scheme for the Texas colony. Austin, Stephen Fuller — was born in Austinsville, Wythe Co , Virginia, November 3d, 1793. When but six years of age, his father's family moved to Missouri. After spending four years at an academy in New London, Connecticut, he comi)leted his education at Transylvania University, in Kentucky. At the organization of Missouri into a territory, in 1S18, Mr. Austin was elected a member of the Territorial Legislature. The next year he removed to tlie Territory of Arkansas, and was immediately appointed a circuit juiige ; an office he held until he resigned it to engage in the great providential work of his life, that of planting a colony in Texas. Indeed his settlement on Red Kiver was with a view of opening a plantation to raise corn and other supi)lies for the colonists on their Avay to Texas. He was in New Orleans making preliminary arrangements, when he heard of the arrival at Natchitoches of Messrs. Seguin and Veramendi, the commis- sioners sent on to conduct Moses Austin to his colonial grant. Stephen BIOGRAPHICAL NOTICES. 481 started at once to meet these gentlemen. At Natchitoches he heard'of his father's death, and he at once determined to carry forward the colonial en- terprise. With the commissioners and fourteen companions, he left Nachi- toches, for San Antonio, July 6th, 1821. The names of Austin's companions were Edward Lovelace, Neil Casper, Henry Holstein, William Little, Joseph Polly, James Beard, William Wilson, James Hewitson, (afterwai-ds an Empresario,) W. Smithers, and Messrs. Belew, Beard, Marple, Barre and Erwine. Austin was cordially received by Governor Martinez, and, after exploring the country, selected the rich bottom lands of the Colorado and Brazos rivers upon which to plant his colony. He immediately returned to New Orleans to perfect his plans. Schooner Lively Lost. — Mr. Austin's means were limited, but he found a friend in Joseph H. Hawkins, Esq., a former school-mate at Transylva- nia. Mr. Austin, on the 14th of November, 1821, acknowledged the re- ceipt of $4,000, and agreed to convey to Hawkins one-half of the lands and town lots which the empresario should receive. (See contract in Life and Events, page 31.) With the money thus secured, Mr. Austin purchased the schooner Lively, and placed on board a supply of provisions and agi'i- cultural implements. With eighteen persons on board, she sailed from New Orleans for the mouth of the Colorado Eiver, November 20, 1821, and was never heai'd of afterward. Austin's Second Trip. — The same day the Lively sailed, Austin started a second time to Texas by land. At Natchitoches he was joined by ten companions; among them Mr. Kan. Foster, of Fort Bend County, was the hunter of the party. This company crossed the Brazos River on the last day of the year, and camped on the bank of a creek, which they, the next morning, named New Year's Creek. Mr. Austin hastened to the coast, where he waited for weeks for the appearance of the schooner. She was finally given up for lost, and he started for San Antonio. On his way to the city he met his brother, James Brown Austin, and the two went to- gether to San Antonio. Austin in Mexico. — In the period which intervened since Moses Austin obtained his empresario grant, Mexico had thrown off the Spanish yoke and become a Republic. At San Antonio, Austin learned that it would be necessary to visit the City of Mexico to obtain a confirmation of his grant. He started with only two companions. They were intercepted on the Nueces River by a band of forty-four Comanche Indians. Fortunately the Indians were then at peace with the United States, though warring with Mexico. When they found out that Austin was an American, he was released and allowed to proceed upon his journey. From Monterey Austin had but a single companion, Capt. Lorenzo Christy who had been in Miua's expedi- tion. To avoid being robbed, both were disguised, and appeared like very poor travelers. They reached the City of Mexico April 10th, 1822, Such was the unsettled condition of the country, ruled alternately by different factions, that Austin made but slow progress in his business. Finally, at the end of eight months he secured the passage of the general Colonization Law. This law was very generous, giving to each family a league of land for grazing purposes, and a labor of bottom land for cultivating. It also 482 HISTORY OF TEXAS. made a liberal grant to the empresario who introduced the colonists. Fi- nally, after a year's detention, Austin started back to Texas. He had ac- quired a knowledge of the language and institutions, which was of great value in his subsequent negotiations with the government. At Monterey, he was kindly received by the commandant, Philip De La Garza, and by the " deputacion," who invested him with ample authority to introduce his colonists, give them their land, and administer civil government. State of the Colony. — Austin's long absence had a somewhat depressing influence upon his colonists, some of whoni had abandoned the country ; others had stopped in East Texas, and all felt insecure. His return, how- ever, with a confirmation of all his authority, and with the Baron de Bas- trop, who had been appointed Land Commissioner, soon changed the aspect of aflairSo The town of San Felipe de Austin was laid out, and the land office opened and titles to their lands promptly issued to the settlers. Aus- tin displayed admirable talents for his responsible position. His zeal for his colonists knew no bounds. As a legislator he prepared an admirable code of laws ; and as the father and founder of the colony, he selected de- sirable homes for the immigrants, and gave them all practical assistance in preparing their houses and opening their farms. Combining in himself the functions of civil governor, military commander and judge of the court, he administered all departments with equal skill and fidelity. The colony prospered, immigrants continued to flock in, and during the year 1824 he had settled in the new colony the three hundred families required by his first contract. Other Contracts. — Under the general Colonization Law, Austin, in 1825, entered into a second contract for the introduction of five hundred fami- lies, and in 1827 he took a third, for one hundred families, to be located above the San Antonio road, in Bastrop, Travis and Williamson Counties. Heretofore the coast leagues had been reserved from location, but in 1828 Austin took a contract to introduce three hundred families and place them on these littoral leagues. Of all the empresarios, Austin was the only one who was really successful in planting his colonies and fulfilling his contracts ; and his success, considering the obstacles in his way, was remarkable. A report made to the Texas Senate by Austin's executor, James F. Perry, in 1837, states that he introduced in all 1,540 colonists, of whom 970 had re- ceived titles to their land before the laud office was closed in 1835. Austin and the Fredonians. — The part which Austin took in the troubles at Nacogdoches, in 1826-'7, has excited a good deal of comment and some severe criticism. Edwards had been badly treated ; of that there can be but one opinion ; but he and his friends acted hastily in unfurHng the banner of Fi'edonia. They certainly should have consulted Austin and Bastrop and the people of the center of the colony, if they expected their co-operation. It has been assumed by most wi'iters that at first Austin hesitated as to the course to be pursued. Foote intimates as much. But Foote was a warm personal friend of the Edwardses, with whom he unquestionably sympa- thized. Still, even he offijrs this excuse for Austin, " who," says Foote, '•'was unwilling to plunge into a Avar with a nation numbering 8,000,000 in- habitants. Entertaining such views, it is not at all astonishing that he RICHARD COKE. BIOGRAPHICAL NOTICES. 485 heard with deep regret of the revolt in Edwards' colony." In such a con- troversy, neutrality was impossible, and he did not attempt to occupy such a position. On the 22d of January, 1827, Austin issued the following ad- dress: "To the Inhabitants of the Colony: '•The persons who were sent on from this colony hy the Political Chief and Military Commandant to offer peace to the Nacogdoches madmen have re- turned — returned without having effected anything. Tlie olive branch of peace wliich was held out to them has been insultingly refused, and that party have denounced massacre and desolation on this colony. They are trying to excite all the northern Indians to murder and plunder, and it appears as though they have no other object than to ruin and plunder this country. They openly threaten us with Indian massacre and the plunder of our prop- erty. * * * To arms then, my friends and fellow-citizens, and hasten to the standard of our country. *• The first hundred men will march on the 26th. Necessary orders for mustering and other purposes will be issued to commanding officers. Union and Mexico. <'S. F. Adsiin." Austin's course in this matter received the approval of his cotemporaries, and history will doubtless pronounce a similar verdict. Judge Burnet says: *' It was quite inevitable, without supposin gAustin an infatuated visionary, which he was not, that he should promptly unite with his lawful chief in sup- pressing an insurrection so wild and impracticable," On the same point Judge Bell says: " This Fredonian disturbance has been little understood, and when the details of it are made known it will be seen that the move- ment could lay no just claim to be considered as an honorable and praise- worthy effort in the cause of freedom and right, and that Austin's course in reference to it was the only one that a man of sense and honor could pur- sue." Austin in Congress. — During the eventful years 1831 and 1832, Austin was at Saltillo, representing Texas in the Legislature of Coahuila and Texas. He did not therefore participate in the events which resulted in the capture of the Mexican garrisons at Anahuac, at Velasco, and at Nacogdoches. As soon as news of these transactions reachfd him, he hurried home. He came by water from the mouth of the Eio Grande, and was accompanied by General Mexia, who had been sent out by Santa Anna to secure the adhe- sion of Texas to the (so-called) Republican party, of which Sauta Anna was then the champion. Their rallying cry was the Constitution of 1824. At a, meeting of citizens of the colony, at Turtle Bayou, on the 13th of June, they had, with entire unanimity, upheld it. Austin was welcomed back by the people with every demonstration of joy, with balls, speeches, firing of cannon, etc., at the mouth of the Brazos, Brazoria, and especially at San Fehpe. Six miles below the lotter place he was met by a military company, under Lieutenat Gray, and escorted into town, where he was received and addressed by Wm. II. Jack, Esq , in behalf of his fellow-citizens, " Sucli a boon then," says Col. Jack, " as is due to him who has faithfully discharged his duties, we grant to you, wifh an assurance that the man whom the people have delighted to honor, siill has our most unbounded 486 HISTORY OF TEXAS. confluence. The occasion of your most unexpected return to Texas "will lo'ii; be remembered. The present is an epoch in the political affiiirs of our country on which the pen of the historian will dwell with peculiar pleas- ure. In conclusion, I cannot, perhaps, better express my own feelings and those of our common countrymen than by saying, Well done, good and faithfal servant; thou art welcome, thrice welcome to thy home and to thy frien Is ; and may health and happiness always attend thee ! " This was a proud day to the father and founder of Texas. Austin re- plied in a happy speech, and was then received by the Mexican soldiers who had surrendered with Ugartechea at Velasco. These soldiers fraternized with the colonists. After these speeches, all sat down to a sumptuous ban- quet ; speeches were delivered, cannon fired, toasts drank, and there was every demonstration of public joy Commissioner to Mexico. — Austin was not long permitted to remain at home. The great desire of the Texaus now was to have a separate State government. The province had been temporarily attached to Coahuila. The population was now sufficiently large to form a State. In April, 1833^ a Cpnvention met at San Felipe, to form a State Constitution to present to the National Government. A memorial was drawn up, urging the neces- sity of erecting Texas into a State. Three commissioners were selected to carry the constitution and memorial to the city of Mexico. Austin was the only one who undertook tlie long journey. When he arrived at the National Capital he found the country in a state of feverish political excite- ment. Santa Anna had succeeded Pedraza as President, and was rapidly developing his plans for a purely personal and consolidated government. Moreover, the captiire of the troops by the colonists in Texas had thrown suspicion upon the loyalty of the Anglo-American colonists. Under these circumstances, Austin had no easy task before him. While all parties were willing to trust the commissioner, they distrusted his constituents, and could not permit the liberty-loving, self-reliant colonists of Texas to have a government of their own and in their own hands. The better to carry out his purposes of self-aggrandizement, Santa Anna had retired to his hacienda, leaving Vice-President Farias to administer the government. Austin's papers were presented to Congress and referred to a committee. In the mean time, in addition to political troubles, the city sutfered from a fearful visitation of cholera. During the long and vexatious delay, Austin became somewhat impatient, and urged his suit with such importunity that Farias became offended. Seeing no immediate prospect of obtaining his request, Austin, in one of his letters to the citizens of San Antonio, advised them to form a de facto government, under a provision of the Constitution of 1824. Finally, on the 10th of December, 1833, Austin started for his home. But some one in San Antonio had sent a copy of his letter back to Farias. That suspicious officer thought he detected treason in the epistle, and immediately dispatched a messenger for Austin's arrest. He was over- taken at Saltillo, carried back to the city, and thrown into a dungeon, where for a time he was oven deprived of his books and papers, and pen and ink. Austin in Prison. — What gave Farias mortal offense, was a sentence in BIOGRAPHICAL NOTICES. 487 Austin's letter which recommended that " All the municipalities should come without delay to an understanding — organizing a local government for Texas as a State of the Mexican Confederation, under the law of the 7th of May, 1824." And he added in his letter to the municipality of Bexar, '' I trust you will lose no time in addressing a communication to every corporation, exhorting them to concur in the organization of a local government, independent of Coahuila, even should, the Supreme Govern- ment of Mexico refuse its consent." During his imprisonment, Austin was visited by his old friend. Father Muldoon, a priest who had ministered to Austin's colonists. Muldoon fur- nished him with a blank memorandum book and a pencil. With this the prisoner whiled away his lonely hours. In these musings we see the character of the man. We make some exti'acts : " In my tirst exploring trip in Texas, in 1821, 1 had a very good old man with me, who had been raised on the frontier, and was a very good hunter. We had not been many days in the wilderness, before he told me, ' You are too impatient to make a hunter.' Scarcely a day passed that he did not say to me, * You are too impatient — you wish to go too fast.' Before my trip was ended, I saw the benetit of his maxim, and I determined to adopt it as a rule in settling' the colony which I was then about to commence in Texas. Some have accused me of adhering to this rule and. to a system of conciliation with too much obstinancy. I do not think I have ; though perhaps, I am not a competent judge. I can, however, say, that I believe the greatest error I ever committed was in departing from that rule as I did in the city of Mexico, in October, 1833. I lost patience at the delays in getting the business of the people of Texas dispatched, and in a moment of impatience, wrote an imprudent and perhaps an intemperate letter to the Aj'untamiento of Bexar. This was October 2d. " I can say with truth that a combination of circumstances occurred about that time to make me impatient ; and my intentions were pure and patriotic, as a Mexican citizen. I had every reason to believe that the people of Texas would not suffer the month of November to pass without organizing a local government, and in that event, it is very evident that it would have beeu much better to organize a harmonious consultation of the respective local authorities of the municipalities, than by a popular commotion. The cir- cumstances of the case, and the purity of my intentions, are certainly worthy of consideration. Texas, when I left in April, was almost in a- state of nature, as to its local government ; it was in danger of anarchy, on the one hand, and of being destroyed by the uncivilized and hostile Indians, on the other. These things crazed me, and I lost patience." While these reflections show that Colonel Austin was in a depressed state of mind, and a little disposed to blame himself unnecessarily, they reveal the singular purity and strict conscientiojisness of the man. We add another short extract from the sad record of his prison musi)igs. It is dated Sunday, February 23d, 1831: ''Philanthropy is but another name for trouble. I have labored with pure intentions to benefit others, and especially to advance and im])rove mv adopted country, ai-.d what have I gained? Enemies, persecutions, imprisonment: accused of ingratitude to 488 HISTORY OF TEXAS. Mexico, which is the most unjust of all accusations that could possibly be bi'ought against me. If I have been ungrateful to any one, it is to myself and family, for I have neglected my own and their interests to labor for others. My poor sister, who removed to the wilderness of Texas with her large family, owing to my solicitations ; and left a comfortable home and a large circle of warm and kind friends. My poor sister ! How she is suffer- ing on my account! How happy I could have been on a farm alongside of my brother-in-law, free from all the cares and difficulties that now surround me ! But I thought it was my duty to obey the call of the people and go to Mexico as their agent. I have sacrificed myself to serve them, and in all probability the only return I shall receive will be abuse and ingratitude. It is horrible that I should have lived to find myself on the verge of misan- thropy — soured and disgusted with mankind." But we have given enough from the sad I'ecord of Austin's prison life. The imprisonment of their empresario and commissioner produced a pro- found impression in Texas. On the 28th of April the Ayuntairaento of San Felipe, K. M. Williamson, Chairman, and W. B. Travis, Secretary, pre- pared and sent to Mexico a long memorial, praying for his release. The other municipalities adopted similar measures, and Peter "VY. Grayson and Spencer H. Jack were selected to carry these petitions to Mexico. 'Though they did not secure Austin's release, these proceedings afforded him great satisfaction, as showing the interest felt for him in Texas. On the 12th of June, 1834, Austin's condition was somewhat improved, as he was transferred to more comfortable quai'ters. There was some talk of trying him for treason, and he earnestly desired to have his case judicially investigated, but he could find no court of competent jurisdiction. The judges all refused to have anjthing to do with the case. They knew that there were no reaJ charges against him, and that his imprisonment was wholly unwarranted. Austin's Enemies at Home. — Writing from his prison on the 25th of August, Austin alludes to certain plotters in Texas, of whom it is painful to speak. We would remain silent, but the truth of history requires expo- sure. He says: '< President Santa Anna is friendly to Texas, and to me, (of this I have no doubt,) and would have set me at liberty long since ; and in fact, issued an order to that eff"ect in June, had not some statements arrived about that time fi'om the State Government of Coahuila and Texas against me ; which I understand, have contributed to keep me in prison so long. It is said the report is founded solely on the statement of some influential persons who live in Texas. Who these persons are I know not. It is nffirmed they are North Americans by birth, and I am told if I am not imprisoned for life and totally ruined in property and reputation, it will not be lor want of exertion and industry on the part of some of my countrymen who live in Texas. Whether all this be true, I know not. I know I am unwilling to believe it. I am also told that no efforts were left untried last winter and spring to p)-ejudice the members of the Legislature and State Government against me at Monclova, last winter." The persecutions to which Austin in this letter alludes were originated and carried out by a merciless party of laud BIOGRAPHICAL NOTICES. 489 sharks who had flocked to Monclova. That corrupt Legislature sold or gave away to these men eight hundred leagues of land. They well knew that if Austin were at liberty he would expose their rascality. He had already mortally otfended one of this party by prohibiting him from locating some eleven-league claims on the best unoccupied land in his colony. Austin was determined that the good land should be reserved for bona fide settlers. In a letter to D. C. Barrett, Esq., in 1835, Mr. Austin, alluding to these trans- actions in Texas lands, says: " In 1833 thirty square leagues of land were voted by the State Legislature to a young man, (who had previously received a grant of eleven leagues,) as pay for one year's salary as judge ! Some eight hundred square leagues wei'e sold by these legislators in 1834 and 1835, to speculators, principally foreigners, and to themselves; for the same legislators who passed the law, for a part of this sale, were purchasers at from fifty to seventy-five and a hundred dollars per square league." It is no wonder that such a class of unmitigated scoundrels wanted so incorruptible a man as Austin kept out of*the way, even if he languished in a Mexican prison. What made them more anxious on the subject was the fact that Austin while in prison had been re-elected to the Legislature. It was well known that if he appeared and took his seat in tlie Legislatui'e, all these plundering schemes would be at once exposed and defeated. We again quote from his letter to Barrett : *' At one time I am villified for being too Mexican ; too much the friend of Mexicans ; too confiding in them. At another I am abused for yielding to the popular opinion, and for representing that opinion in good fiiith." Those familiar with the his- tory of those times and men cannot doubt that Austin was truly loyal to his adopted country, and faithful to the interests of his colony; but he shared the fate of most conservatives ; he incurred the hatred of extreme men of all parties. His Welcome Home. — Finally, after an absence of two years and four months, Austin was permitted to return to Texas, about the first of Sep- tember, 1835. On the eighth, at a meeting of about a thousand of the citizens, Austin said: *'. I cannot refrain from returning my unfeigned thanks for the flattering sentiment with which I have just been honored, nor have I words to express my satisfaction on returning to this, my more than native country, and meeting so many of my friends and companions in its settlement. I left Texas in April, 1833, as the public agent of the people for the purpose of applying for the admission of this country into the Mexican Confederation as a State separate from Coahuila. This appli- cation was based upon the constitutional and vested rights of Texas, and was sustained by me in the city of Mexico to the utmost of my abilities. No honorable means were spared to effect the objects of my mission, and to oppose the forming of Texas into a Territory, which was attempted. I rig- idly adhered to the instructions and wishes of my constituents, so far as they were enumerated to me. My efforts to serve Texas involved me in the labyrinth of Mexican politics. I was arrested and have sufl^ered a long imprisonment. I consider it my duty to give an account of these events to my constituents, and will therefore, at this time merely observe that I have never, in any manner, agreed to anything that would compromise the 490 HISTORY OF TEXAS. constitutional or vested rights of Texas. These rights belong to the peo- ple, and can only be surrendered by them. * * * * "ji^g revolution in Mexico is drawing to a close. The object is to change the form of govern- ment, destroy the Federal Constitution of 1824, and establish a consolida ted government. The States are to be converted into provinces. * * * With these explanatory remarks, I will give as a toast, * The Constitution- al rights and the security and peace of Texas ; they ought to be maintained ; and jeopardized as they now are, they demand a general consultation of the people.' " In reference to this reception, Yoakum says: " The old pioneers who had come with Austin to the country gathered around and received him as one risen from the dead. Such demonstrations of regard were fully reciproca- ted by Austin. He was a genial lover of his race, and especially of those to whose happiness he had devoted the best energies of his life. If there was any one desire nearer to his heart than any other, it was to see his col- ony prosper. He was greatly distressed to find Texas in her unsettled con- dition. " I had hoped," said he, '* to have found her in peace and tranquil- ity, but regret to find commotion; all disorganized, all in anarchy, and threatened Avith immediate hostilities." This state of things was mostly due to the revolution in the Siamese-twin-sister State ot Coahuila; where there were then two capitals and two rival governors. As Texas recog- nized neither of these governors, she was without an established civil gov- ernment. However, by common consent, San Felipe was looked upon as the capital of the Province, and the committee of safety which had been organized there was expected to give a general direction to public affairs. Austin was at once elected chairman of this committee or council. Austin Commander of the Army. — The volunteers who had repulsed Ca<5tenado at Gonzales were still in camp ou the Guadalupe river, but witliout any recognized leader; nor could any man in camp harmonize the conflicting elements. Under these circumstances, some of the most prom- inent men, including Grayson, Dr. Miller, P. C. Jack, and othes, wrote to San Felipe requesting that Austin be sent out as commander. To this the committee assented, and Austin started immediately for headquarters. On his arrival, the volunteers by acclamation elected him as their com- mander.* The new commander promptly reorganized the army and started for San Antonio. He reached the Mission La Espada on the 20th of October. Wishing to approach nearer the city, on the 27th he sent forward a i*econ- noitering party of about ninety men, under Colonels Fannin and Bowie. Tills party fought the battle of Concepcion on the 28th. On the 2d of No- vember, Austin moved up nearer aud prepared for a close investment of the *The following gentlemen constituted his staff: "Warren D. C. Hall, Adjutant aud Inspector-General; David B. Macomb, Assistant Inspector; William H. Wliarton^ Judge Advocate; W. P. Smith, Surgeon-lieneral; Patrick C. Jack, Quartermaster- General; Valentine Bennett, Assistant Quartermaster; Peter W. Grayson, and William T. Austin, Aids-de-camp. Moses Austin Bryan was his Private Secretary. John H. Moore was elected Colonel; Edward Biirlfson, Lieutenant-Colonel, and Alexander Somervell, Major. William H. Jack was appointed Brigade Inspector. BIOGRAPHICAL NOTICES. 491 city. Occasional skirmishes toolj: place, and the fight known as the " Grass Fight," occurred on the 26th of November. Commissioner to the United States.— Two days after the Grass Fight, Austin was officially notified that it was the wish of the Executive Council that he should go to the United States as one of the commissioners to secure funds to aid the cause of Texas. He immediately resigned the com- mand of the army. In presenting his commission, the Council also gave him a very flattering compliment, and commeudefl him to the people of the United States as " one in whose aid we repose the strongest hopes in our present struggle for freedom and existence, and that we extend to him the hand of parting love and greeting, with hopes of his success and speedy return to the bosom of his grateful countrymen." This mission was a dif- ficult and delicate one. Texas had not at that time declared her independ- ence. The aim, at first, was for a Provi-nce still owing allegiance to Mexico. The commissioners met with greater success than they could have antici- pated. " General Austin," says Yoakum, " was particularly successful. His long service in Texas, and his known truthfulness and simplicity of char- acter, gave great weight to what he said. His address at Louisville, which was widely published, presented the claims of Texas upon the civilized world for sympathy and aid in such a manner as to bring her both." It is stated that he pledged his private fortune for the repayment of the loans advanced in the cause of the country. On the 9th of May, 1836, he left Washington City on his return to Texas. When he arrived he found the country very much excited over the contem- plated release of Santa Anna. The captive President had great confidence in Austin, and in a private interview requested him to use his influence to secure the friendly offices of General Jackson as a mediator to secure Santa Anna's release. Austin wrote to Jackson, and also wrote to General Gaines, suggesting the propriety of the latter removing his headquarters to Nacogdoches, to overaAve the Indians. With this request General Gaines complied, but he was soon ordered back east of the Sabine. A Candidate for President .—Soon after Austin returned. President Burnet issued his proclamation for a general election. Austin's friends urged him to become a candidate for the Presidency. To this general call he responded: ''Influenced by the great governing principle that has governed my actions since I came to Texas, which is to serve this country in any capacity in which the people might see proper to employ me, I shall not decline tiie highly responsible and difficult one now proposed, should the majority of my fellow citizens elect me." As the canvass proceeded, party spirit ran high, and the most absurd charges were openly made or secretly insinuated against Gen. Austin. These charges, though ground- less, aflecl;ed the people ; especially those who had recently immigrated to the country, and were personally unacquainted with the empresario. And they deeply grieved his sensitive nature. In a letter to Gail Borden, pub- lished in the Texas Telegrajyh, he replied at length to these charges. After showing their absurdity, he says : " The people ought to be competent to analyze these matters and judge for themselves. They are, however, liable to be misled by wrong impressions, but will do justice in the end, and I 492 HISTORY OF TEXAS. assure you that it will be no personal mortification to me individually, if I am not elected, while such erroneous impressions exist. I have one proud consolation which nothing can deprive me of, and that is the approbation of my own conscience, and the certainty that all I have done since I came ta Texas, in 1821, will bear the test of the most rigid scrutiny. I do not pre tend by this to say that I have not erred in judgment, and perhaps, from imprudent counsel, but I do say, that no man has labored with purer inten- tions, or with a more ardent and disinterested desire to promote the pros- perity and happiness and liberty of Texas ; and I also say, that 1 consented to become a candidate at the election with great reluctance. I have been absent from Texas, on iiublic business, for about three years. During this time my individual affairs have been neglected, and much of the old coloniz- ing business remained xmclosed. It was my wish and intention to devote this year to these objects, at the same time giving all the aid I could, as a citizen, to the public cause." He failed to be elected. The eclat which the victory of San Jacinto had given to Houston secured the elevation of that gentleman to the Presidential chair of the new Republic. Austin Secretary of State. — Under the new order of things Austin be- came Secretary of State; and entered immediately upon his duties. A prime measure with the Administration was to secure the annexation of Texas to the American Union. The people had almost unanimously ap- proved that measure at the late election. One of the first acts of the Sec- retary was to prepare instructions for the diplomatic agents to be sent to Washington. He was a good part of three days, and portions of the nights, engaged iu this work. The accommodations for the Government at Colum- bia, were very inadequate. The weather was cold, and Austin was com- pelled to write in a room without fire. His Death and Character. — The exposure in an unfinished and unfur- nished room brought on a cold, wiiich was succeeded by an attack of pneumonia, of which he died, at the house of George B. M'Kinstry, iu Columbia, December 27th, 1836. The following order was immediately issued from the War Department: *' The father of Texas is no more ! The first pioneer of the wilderness has departed ! Stephen F. Austin, Secretary of State, expired this day, at half-past twelve o'clock, at Columbia, As a testimony of respect to his high standing, undeviating moral rectitude, and as a mark of the Nation's gratitude for his untiring and invaluable services, all officers, civil and military, are requested to wear crape on the right ai-m for tiie space of thirty days. All officers commanding posts, garrisons or detachments, will as soon as information is received of this melancholy event, cause 28 guns to be fired, with an interval of five minutes between each; and also have the garrison and regimental colors hung with black during the space of mourning for the illustrious dead. " By order of the President. " Wm. S. Fisher, Secretary of WarJ^ His remains were accompanied by President Houston and his Cabinet, both Houses of Congress, and other officers of the Government, to the family burying ground, at Peach Point, Brazoria county. His relatives RICHARD B. HUBBARD. BIOGEAPHICAL NOTICES. 495 have placed over-the grave a marble slab bearing this inscription • "General Stephen F. Austin, son of Moses and Mary Austin, born 3d ot November 1793, ill Austinville, State of Virginia. Departed this life on the 27th of December, 1836, at Columbia, Eepublic of Texas, aged 43 years, 1 month and 24 days." General Austin was never married. His home when he came first to Texas was with the family of Mr. Castleman, on the Colorado river. After the removal of his brother-in-law, Mr. James F. Perry, to the colony his home was with his sister at the Peach Point plantation,' in Brazoria countv He always regarded his colonists as his family, and labored for their welfare with true paternal solicitude and fidelity. No one can study the history of his eventful life without forming a high estimate of his great abilities and moral worth. We give some extracts showing how those well qualified to judge have recorded their appreciation of his character. Kennedy says: " We have seen the perils he braved; the obstacles he surmounted ; his struggles with the- marauders in the wilderness • his sufferings in a Mexican prison ; his duties and entanglements, civil, military political and financial. In every period of his career the spirit of order' equity, fortitude and perseverance is apparent. Even those who proscribed his patriotism paid homage to his personal worth." General Cos, when he first entered Texas and found Austin at the head of the insuro-ent force addressed him individually in terms of high respect. Colonel Almonte has eulogized " the admirable constancy" with which he followed up his enter- prise m Texas. For fifteen years did he pursue his object with unwavering rectitude and untiring zeal ; and he lived long enough to lay the foundation of a flourishing St.-:te amidst the bloodshed and distractions of civil strife Ex-President Lamar says: ''The claims of Stephen Austin upon the people of Texas were of the strongest kind. He was not onlv the founder of our P.epublic, but scarcely a blessing flowed to our country which mav not be fairly attributed to his unwearied exertions for its wemire- while almost every calamity which has befallen it, might have been averted by adhering to his wise and prudent counsels. The world has afforded but few examples of superior intelligence and sagacity; and as for disinterested and extended philanthropy; his long suffering for the weal of others • his patient endurance under persecutions; his benevolent fonnveness of inju- ries, and his final sacrifice of health, happiness and life, in the service of his country-all conspire to place him without a dval amono- the first of patriots and the best of men." We conclude this sketch with a paragraph from the pen of Judge James H Leil : - When Austin entered the Province .of Texas in the summer of lb21, there was but one settlement from the Sabine to San Antonio This was Nacogdoches, and he says in his journal, that there we.e in that p ace but three unmarried men and one family, when he passed throu-h it The sound of the axe had never been heard in the virgin forests of the Brazos an vessel, and was afterward recovered in Galveston bay. The saw-mill did not, however, prove a successful venture. Mr. Burnet, whose home was on the San Jacinto river, represented Lib- erty in the Convention of 1833. He drew up the very able memorial to the Mexican Government, showing the absolute necessity of a S'parate State Government for Texas, apart from Coahuila. He also drew up a set of resolutions strongly denouncing the African slave trade. This met with violent opposition, as Monroe Edwards was already introducing Africans into the province; but the Convention finally passed the resolutions. In 512 HISTORY OF TEXAS. 1834, he was appointed a district judge for the department of the Brazos^ and reguhuly held his court at Sau Felipe. When the project of declaring Texas independent of Mexico was first agitated, Judge Burnet thought it premature. But the total destruction of civil liberty in Mexico by the personal despotism established by Santa Anna, left the true friends of republican institutions no alternative but indepen- dence, and he cordially espoused the revolutionary cause. At the organ- ization of the government ad interim,, March 16th, 18;36, he was elected President of the young Republic. On the evening of the day he was inaug- urated came the sad news of the fall of the Alamo and its brave defenders. This was followed in quick succession by the news of the defeat of Grant, the battle of Coleta, the surrender of Fannin, and the horrible massacre of Goliad. A panic seized the public mind; the members of the Convention has^tiiy dispersed, leaving the Secretary to finish up the journals and prepare the Constitution for publication. To be nearer the principal seaport, the seat of Goveramcnt was transferred from "Washington to Harrisburg. President Burnet sent patriotic appeals to the country and to the United States, for aid in this time of peril and disaster. He did all in his power to collect provisions and army stores for the soldiers in the field. He also assisted families in escaping from the invading foe. He was sorely grieved that the army retreated without any show of fight, across the great rivers where he thought a stand ought to have been made. After Houston had crossed the Brazos, the President sent General Eusk, Secretary of AVar, to headquai'ters, to try to arrest the further retreat. Two days before Santa Amia reached Harrisburg, Burnet left the place to secure the safety of his family, then at his home on the San Jacinto bay. He had just placed his family on a small sail-vessel at Nesv Washington, when Almonte, at the head of a squad of Mexican cavalry, dashed into town. Burnet, with his rifle in hand, stood in the stern of the boat, ready for defence; but Almonte did not dream that the President of Texas was in that little craft, and made no effort to take it, and the boat with its precious cargo safely reached Galveston. Here, in conjunction with IMr. Potter, the Secretary of the Navy, and other members of the Government, he exerted himself to send forward supplies to the army, which had reached Buffalo Bayou. But they were not entirely safe at Galveston ; it was known that Uriea was advancing along the coast towards that point. AH available resources were called into requisition for the defence of the island. Fortu- nately the battle of San Jacinto relieved them from danger. Several days elapsed before the news of the great victory reached the ishmd. As soon as. practicable, the President went up to Lynchburg, to adopt such measures as might be deemed necessary to secure the fruits of the victoi'y. For better accommodation, the Government was transferred to Velasco. Though tiie country was now in no immediate danger from Mexi(H), the President found himself sorely embarrassed. He was without an exchequer, and yet an army nuist be supported in the field; an army that Avas constantly receiving large accessions, though there was no pros- pect of fighting. A large immber of prisoners were to be fed and guarded. Civil law and order had to be evoked from chaos ; diplomatic relations had TOM GREEN, BIOGRAPHICAL NOTICES. 516 to be established with other nations : in a word the whole business of insti- tuting Government was to be done, and that without the requisite means. To augment the difficulties, the ordinance creating the Executive Department • required that all measures and all appointments should have the sanction of a majority of the Cabinet. It was soon known that upon important ques- tions, the Cabinet was divided. These diffei'ences were freely discussed among the people, and around the camp-fires of the soldiers, producing not only political strife, but personal animosities. During this period, excitement ran so high that the President, and even Houston and S. F. i^istiu, were accused of bribery. This however, is not very remarkable. After George Washington was elected President, he was accused of being a tool of the British party ; and it was said that John Adams secured his election as President by the proper distribution of British gold. In the midst of this excitement, it was rumored that Burnet would be assassinated. On the night of the expected assault, Mrs. Burnet kept a light burning, and sat at an open window, with a cocked pistol in her hand, determined, if necessary, to die defending her noble husband. Her pre- caution perhaps prevented the attack. Soon after the receipt of the letter referred to above. Colonel Millard arrived at Velasco with informal orders to arrest the President and take him to the headquarters of the army for trial. The execution of this order, whose purport was to be kept a pro- found secret, was committed to Colonel A. Turner, who was then at Velasco. The order to Turner was very comprehensive. It read: " You are hereby ordered to proceed, (from Qaintana to Velasco), and arrest the person of David G. Burnet; take into your possession the books and papers of his office ; and you will also take into your possession the books, records, and papers of the Secretaries of State, of War, and of the Treasury, and them safely keep, and report forthwith." This order wag signed by Colonel H. Millard. As Colonel Turner was determined in some way to counteract this revolutionary movement, he was in no hurry to execute this most extraordinary order. In the meantime, one of the men who came from the army with Millard got drunk and told the object of their visit to the seat of Government. When it became known that the army contemplated the subverson of the civil authority, a wonderful reaction took place in the public mind. Such citizens as T. F. M'Kinney, the Jacks, Whartons and others, resolved to stand by the President at all hazards. Some of them even threatened the lives of Millard and his companions. It was also for- tunate for Burnet that acompany of troops, known as the Buckeye Rangers had just arrived from Cincinnati, where they had been munificently enter- tained at the Burnet House, by the President's brother. This comi)any declared unanimously and enthusiastically for the President. ]\lillard became alarmed for his personal safety, and hastily left, and returned to the army. To the President, this was a most trying period. One of his children died from exposure in an uncomfortable house. Believing that the proper time had come for the full restoration of civil law, he, on the 12th of July, issued a proclamation forbidding the further impressment of private property by 29 516 HISTORY OF TEXAS. the army. Ou the 34th he revoked all commissions held by persons not actually iu the army or navy. This last, though highly approved by the people, brought him into conflict with General T. J. Chambers, who was still operating in the United States as Major-General of the Reserve. July* 23d, he issued a proclamation for a general election, to take place on the first Monday in September. The election was held, and Congress met iu Colum- bia on the 3d of October. The Constitution, which had been almost unan- imously adopted, fixed the second Monday in December for the inaugura- tion of the new President. But Burnet felt that he could now safely turn over the responsibility of the Executive Department to his successor, and he tendered to Congress his resignation.* In 1838 he was elected to the office of Vice-President. President Lamar's health being precarious. Congress, in 1841, gave him leave of absence, and Burnet administered the government during the remainder of the term. During Governor Henderson's administration, Burnet was Secretary of State. In 1866 he was elected to the United States Senate, but was not admitted to his seat. Mrs. Burnet died iu 1858, leaving one son, who, at the breaking out of the civil war, entered the Confederate service as captain of artillery. He was killed while in command of a battery at Si^anish Fort, near Mobile, March 31st, 1865. After the breaking up of his ftimily by death. Judge Burnet found a home in the family of Mr. Preston Perry, of Galveston, where he died December 5th, 1870, aged eighty-three years. Just after his decease, a brief biographj- was published, prepared by Colonel A. M. Hobby, from which we make a brief extract: "Judge Burnet was distinguished by an active and honorable participation in the events of a revolution,^ the character of which his humane and generous influence impressed and his enlightened policy guided ; and was a sincere and ardent friend of the human race; but above all distinguished by the more eminent qualities of inflexible political purity and personal virtue. These, we believe, are uni- versally admitted as absolutely unquestioned, and alone should entitle the possessor to independent and durable renown ; and when we add to these high moral distinctions, his unaffected indifference to wealth and fame; noble aspirations and tender charities ; sympathy for the oppressed ; gener- osity to the fallen; love of goodness and truth, and a mind incapable of harboring sentiments of envy, mischief or wrong, we have a character indeed so rare, that the thoughtful and the just will pronounce it almost perfect." * Executive Department, Colujibia, Oct. 22d, 1836. To the Honorable the Senate and House of Representatives: Gentlemen — The period having arrived wheu, in the estimation of the Congress, the con>tituti()nal government muy be completely organized, and as I conceive such orgaui- zaiion to be desirable, I request the Congre.-s will not consider my iucumbeucy as any obstacle to the immediate inauguration of the Executive officers elect. Sensible of having discharged my duty to my adopted country to the utmost extent of my abilities and with a faithfulness unmingled by a celfish feeling. I shall retire from office with the inmost approbation of my own conscience, which I esteem more than the plaudits of men. David G. Burnet. BIOGRAPHICAL NOTICES. 517 Burr, Aaron. — The fact that Burr originated the first movement for the occupancy of Texas by the Anglo-Americans, has induced most writers of Texas history to pay some attention to his filibustering expedition. The brief personal incidents in his life are-: that he was a native of New Jersey ; a lawyer by profession ; a gallant officer in the American revolution, though always distrusted by Washington. lie became an active politician, and carried the State of New York for the Republican party in opposition to Alexander Hamilton. Running for President on the same ticket with Jelferson, there was a tie in the Electoral College, thus throwing the elec- tion into the House of Representatives. In that body, the Federalists cast- ing their votes for Burr, there was a tie for thirty-eight ballots. Finally, Jefiersou was elected President, and Burr became Vice-President. But he had lost forever the confidence of the Republican party, and he was him- self very much dissatisfied with the result. He was growing unpopular and morose. In this state of mind, he quarrelled with his great political rival, and, in a duel fought July 11th, 1804, he killed Alexander Hamilton. (Of Hamilton, who was at the head of the Treasury during Washington's administration, Daniel Webster said: " He smote the rock of the National resources, and abundant streams of revenue burst forth ; he touched the dead corpse of public credit and it sprung upon its feet.") At the close of his official term, finding himself abandoned by all parties in the United States, Burr projected a grand scheme for a Southwestern Republic. The betrayal of this plot by his friend Wilkinson, and his own arrest, thwarted his plans ; and he went to Europe and spent some time in comparative poverty. He returned to the United States in 1812, and the next year the cup of his private grief was filled to overfiowing, by the loss at sea of his charming daughter, Theodosia, wife of Governor Alston, of South Carolina. He now resumed the practice of law in New York city, and recovered a handsome property for the celebrated Madam Jumel, whom he afterwads married. After a few years of turbulent matrimonial life, he and his wife quarreled and separated, and he died in New York, in September 1836, just after Texas had become an independent Republic. There is not, perhaps, a more knotty question in American history than that connected with the movements of Aaron Burr. He at one time un- doubtedly contemplated the dismemberment of the American Union. It was a period of violent political strife; especially in the West, over the closing of the Mississippi river. In Burr's trial for treason, William Eaton, Esq., to whom Burr had given his plans, testified that when the latter sug- gested that the Government at Washington might throw obstacles in his way, Burr replied : " He would turn Congress, neck and heels, out of doors ; assassinate the President; seize on the Treasury and the Navy, and declare himself the Protector of an energetic government." But, as President Jefferson says in one of his letters, if Burr ever seriously entertained designs against the integrity of the American Union, that project was early abandoned, and his scheme was formed for operations entirely on Mexican territory. At that time it was confidently expected there would be war with Spain. President Jeficrson, in his message to Congress, December Gth, 1805, used the following language, which was considered almost equivalent 518 HISTOEY OF TEXAS. to a declaration of wai- : *' Considering that Congress alone is vested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for preparations wiiich their means admit, to commence the war to advantage." At that time, leading citizens of the United States frequently canvassed the question of conquering Mexico and acquiring at least a portion of her territory. General Wilkinson, in command in the Southwest, was a zealous advocate for war. He had already sent Lieutenant Pike to obtain an accu- rate knowledge of the country. Burr's plans, however, were different. He proposed the establishment of a new Republic, lo include Texas and possi- bly the territory as far south as the Sierra Madre. Generals Jackson and Hardson were cognizant of these designs; which, however, were only to be carried out in case of a war with Spain. It was boldly asserted that Gen. Adair, of Kentucky, would co-operate Avilh Burr. The Spanish Viceroy had sent General Herrera and Governor Cordova to hold the Americans in check. For this purpose, the Spaniards crossed the Sabine to the old Adaes mission. Herrera's orders were positive that he must hold the place. Wilkinson's were equally positive that he must drive the Spaniards to the west side of the Sabine river. When all parties were in hourly expectation of a collision, Wilkinson and Herrera met, and amica- bly agreed that the forces of each should remain on their respective sides of " the neutral ground." Burr believed that Wilkinson had betrayed his plans to tlie Spaniards, and thus defeated them. It was even said that he had received compensa. tion for his treason, and $300,000 was mentioned as the price; and it was further said that Captain Walter Buling was sent to the city of Mexico for the money, wiiich, however, he failed to get. General Adair pronounced it " a venal and shameful bargain." General Eaton, however, seemed to think it was not pecuniary considerations alone that influenced Wilkinson. The latter feared Burr would supersede him in the command; and " he knew General Wilkinson well, and he would not act as lieutenant to any man living." Monette, who appears more than half willing to apologize for the General, says: "Whatever may have been his indiscretions, his pecuniary exactions, and his commercial intrigues with the credulous Spaniards, he never was a traitor to his country, or deserted her in the hour of danger. * * The finesse of diplomacj^, which could extort from the Spaniards a ransom for the safety of their pi-ovinces, does not change this feature of the question." This defection of Wilkinson effectually dissolved *' the Southwestern Republic." But there was another scheme of Burr's which, but for untoward circumstances, might have been successful. He liad bargained with Baron de Bastrop for four hundred thousand acres of land on the Washita river. He had persuaded his friend, Herman Blenuer- hassett, to give up his bsautiful villa on an island in the Ohio river, and remove to a more ge^nial Southern clime. Burr informed Commodore Truxton that " in case there was no war with Spain, he intended to invite his friends to settle his Washita lands; that in one year he would have a thousand families of respectable and fashionable people, and some of them of considerable property. That it was a fine country, and they would have BIOGRAPHICAL NOTICES. 519 charming society ; and that in two years he would have double the number of settlers ; and that being on the frontier lie would be ready to move when- ever a war took place." But Burr's arrest and trial for treason before Chief- Justice Marshall, at Richmond, effectually broke up all his plans for conquest and colonization. BcsTEMENTE, Anastasio. — We mention this name because, when he was in power in Mexico, he warmly espoused the colonization scheme of Austin. Bustemente was one of the leaders who secured the independence of Mexico ; was Vice-President in 1823, and again in 1828 ; and was President in 1829. The next year he issued some edicts very injurious to Texas: one prohibiting immigration ft-om the United States, and another to garrison the Province with soldiers, to keep the Texans in subjection. In 1832 he was banished by Santa Anna; recalled from exile in 1837; to operate against Texas ; elected Pi'esident again in 1840. A second time deposed and ban- ished by Santa Anna; returned to Mexico in 1845, and died at San Miguel de Alende in 1851. Calder, Robert J., — A native of Kentucky, came to Texas during the revolutionary period, and settled in Brazoria county. At tl>e breaking out of the war, he was one of the first to volunteer, and was with the company of Fannin at the battle of Concepcion. He, with six men, was ordered to take a position in the tower of the Mission church, as a good point for observation. They were thus cut off from their companions dui'ing the battle tlie next morning; but they enjoyed a splendid view of the battle- ground, and occasionally picked off a Mexican cavalryman, who came within rifle shot of the church. At San Jacinto, Calder commanded com- pany K, in Burleson's regiment. After the battle, he and Judge B. C. Frank- lin were detailed to convey the news and official dispatches to President Burnet at Galveston. Only an old, unwieldy skiff could be found in which to make the trip ; which occupied four days. During the Republic, Calder was Sheriff of Brazoria county. After annexaiion he removed to Fort Bend, and filled the office of Chief Justice of the county, in which he still fives. * * The author, in August, 1878, addressed a letter to Colonel Calder, aslcing for the particulars of that trip from tbe battle-ground to Galveston. To this the Colonel promptly respondt d. Our readers will be satisfied that no time was unnecessarily lost when they learn that, besides the President and other othcersof the government, there were on the island hundreds of refugees, families of women and children whose homes were on the Brazos and in the wc^t, and whose husbands were in the army. Among those refugees was the family of Major Douglass, wiiose plantation was on the San Bernard river. This family — well, a daughter of the major, has been fir forty years the com[>anion of Col. Calder, and is the mother of his children. The gallant young captain had been for months in the army, had commanded his company in the glurious battle that had secured liberty to Texas, and he was now anxious to be the first to bear the news to the lady who ruled queen of his affectioas, as well as to the Presi- dent and others, citizens then on the island. The only i)Ossible chance to reach the island was by an open boat or skilf, propelled by oars. The party consisted of Franklin, Calder and two soldiers detailed to accom- 520 HISTOEY OF TEXAS. Caldwell, John. — Came from North Alabama to Texas in 1830, and settled on the frontier in Bastrop county, and opened a cotton plantation. He represented that county in both branches of the Texas Congress, in the Convention of 1845, and subsequently in the State Legislature, and died in 1870. Caldwell, Matthew. — A native of North Carolina ; came to Texas in 1833 ; was in the Consultation in 1835, after which lie served in various capacities in tlie army. He was a Captain in the Santa Fe expedition; (spoken of by Kendall under the nick name of " Old Paint.") In 1842 he was in command of the force that iiursued Woll in his retreat from San Antonio. He died in Gonzales, December 28th, 1842. Callahan, J. H. — Came to Texas with the Georgia BattaUon, in 1835 ; was in the battle of Coieta, but escaped the Fannin massacre by being a mechanic. In 1855 he was captain of a ranging company on the frontier. The Lipans having committed depredations in Texas, and having escaped across the Rio Grande, Captain Callahan pursued them into Mexico. In doing this he was compelled to take military possession of the village of Piedras Negras. Unfortunately the village was burned when Callahan evacuated it ; but the Indians were chastised. In 1856, a difficulty occur- pany them. They started on the morning of the 23d ; took no provisions, because none were to be had, the commissary stores having been left at Harrlsburg on the 20th. About noon they reached Ruth's place, where they expected to get dinner, but the Mexicans had been there and stripped the place of eatables, and nothing was to b« had. At night they reached Spillman's island, and were fortunate in finding plenty of cornmeal, a side of bacon and plenty of chickens. There was no human being on the island. The next day they arrived at the head of the bay, and found it so rough that it was impossible to proceed across it in their leaky craft. The soldiers wanted to lie by until the wind shifted, but Calder insisted on going ahead if they had to coast it all the way to the island ; and leai)ing into the water with a tow line, pulled the skitf along the edge of the bay. Fraukliu was unaccustomed to work, and soon gave out. The sol- diers became tired, and most of the labor devolved upon Calder. Wliile coasting along that evening, they saw a steamer far to the eastward going -toward the mouth of the San Jacinto, but failed to make her see their signals, and thought perhaps she took them for Mexicans. Tlie party reached the Edwards place at Redfish bar about noon of the third day. Here they found some provisions and a box of fine Havana ciga^-s. The only living being they saw was a wild African negro, probably one introduced by Monroe Edwards. By this time almost the entire labor of propelling the unwieldy craft de- volved upon Calder, as the otiiers were tired out. About sundown on the fourth day they reached the neighborhood of Virginia Point, and could see the shipping in the harbor. Tired and hungry, as they had very Httle to eat that morning, Franklin and Calder spread their blankets by the side of an old cottonwood which was lying on the beach, and disturbed a rattlesnake as they were preparing to lie doAvn and sleep till morning. It had rained during the night, and when they awoke a norther was blow- ing, and their blankets were in the water. A few hours rowing brought them along- side of the war schooner Invincible, Capt. Wm. Brown. Through his speaking trumpet Brown inquired "What news 'r" " When I told him, his men," says Calder, " literally lifted us on board, and in the midst of the wildest excitement Brown took oflF his hat and gave us three cheers, and threw it as far as he could into the bay. He then BIOGKAPHICAL NOTICES. 521 red between Captain Callahan and a family in the same neighborhood in which he lived, in Guadalupe county, by the name of Blassengame. Calla- han and a friend of his by the name of Johnson were killed. Afterward a party of citizens killed two of the Blassengames. Cameron, Ewen. — A Scotsman by birth, who came to Texas in the early days of the Texas Republic. He was a captain in the Republican army which proclaimed the " Republic of the Rio Grande." During that cam- paign he had the misfortune to offend Canalis, one of the Mexican oflBcers in command. Cameron was a captain in the Mier expedition ; was in the break at Salado ; but drew a white bean in the fearful lottery that follow- ed their recapture, and was, of course, entitled to his life. A few days later, positive orders came to the command to " shoot Captain Cameron;" and he was shot. It is supposed that his former companion, Canalis, pro- cured the order. Cameron was a brave, honorable and skillful officer. For him Cameron county was named. shouted to his men, ' Turn loose Long Tom.' After three discharges, he suddenly- stopped and said: ' Hold on, boys, or old Hawkins (the senior commodore) will put me in irons again.' " Declining to wait for anything to eat, they were treated to the best liquor on the ship. They entered the Captain's gig, and with four stalwart sea- men started for the harbor. The Independence, the flagship of Commodore Hawkins, was anchored between them and the lauding. As they approached the ship. Commo- dore Hawkins, witli his glas^s, recognized Franklin and Calder, and began eagerly hailing for the news. When they were sufiiciently near to be understood, a scene of excitement ensued beggaring description ; and now it spread from vessel to vessel, reached groups on the land, and the welkin raug with shout after shout, until the people were hoarse. Hawkins tired thirteen guns. We suppose this was for the old thirteen colonies, as Hawkins had been in the U. S. navy. When the Commodore learned that they had been fasting for twenty-four hours, he had a sumptuous dinner prepared, and the party did not need much urging to stay and partake of the hospitalities of the old salt. They were staying a little too long, and finally Hawkins hinted that they had better go ashore and report to the President. President Burnet, who was a great stickler for official prerogative, was a little miflfed that everybodyon the island should have heard the glorious news before he was officially notified of the battle and its result; and when the party reached the President's marquee they were received, as Calder says, " with stately courtesy— which at first we did not understand, thinking a little more cordiality and less formality would have suited the case and the messengers. This, however, (continues our narrative) gradually sub- sided, and the President, before the interview closed, treated us with that grace and genial courtesy for which, throughout life, he was ever distinguished." Most of the families of refugees were already on the schooner Flash, Captain Falvel, ready to sail for New Orleans, and had orders to sail that morning, as Santa Anna was expected every day at the island. The captain declined to attempt to cross the bar until there was a change of wind; and while waiting, the messenger arrived with the news. The two soldiers who accompanied the party found their families, and Calder found the object of his most anxious solicitude. Alter changing his clothes, Captain Calder was strolling, unknown, among the men eagerly talking over the wonderful achievements of the 21st, when he heard such complimentary remarks as these : '• What ! the whole Mexican army defeated, and Santa Anna a prisoner! No, gentlemen; those fellows are scoundrels and deserters. It is too big a story, and they ought to be taken into custody at once." 522 HISTOEY OF TEXAS. Cameron, Dr. John. — An Emprcsario, who obtained a grant for colon- izing a large scoiie of conntry on Red river. He had been for some time a citizen of Mexico. Decree Number 13, September 10th, 1827, declared him to be a " Coahuil-Texan," (a citizen of Coahuila and Texas). In 1835 he was a Secretary in the Executive Department of the Government at Mon- clova; and when Cos dispersed the Legislature, Cameron was taken prison- er with Milam and others. They contrived to make their escape, and reach- ed Texas in safety. Cameron assisted in the capture of San Antonio, and at Cos' surrender acted as Spanisli interpreter. He became a resident of the valley of the Rio Grande, and in the contest which arose between the "Rohos" and " Crinolinos," in 1861, he was killed in one of their fights. Carson, Samuel P. — Once represented a district of North Carolina in the United States Congress. He was in Texas at the organization of the Government ad interim, and became Secretary of State. His health was feeble, and he resigned and went to Hot Springs, Arkansas, where he died in 1838. Castrillon. — One of the bravest and most skillful of Santa Anna's oflB.- cers, in 1836. He commanded the division that successfully scaled the walls of the fortress of the Alamo. Tlie brave are humane, and Castrillon pleaded earnestly for the lives of the three or four Texans found alive in the Alamo, after all resistance had ceased. It was in vain ! At San Jacinto, Castril- lon commanded the column ordered to support the Mexican cannon. When the panic ensued, and he found it impossible to rally his men, he refused to fly with the others; but folding his arms, he stood erect, and received that death which, to him, was preferable to dishonor. Castro, Henry. — The pioneer of that portion of Western Texas situated west of the city of San Antonio, was born in France, in July, 1786, of rich parents, and descended of one tlie oldest Portuguese families; one of his ancestors, Zoao of Castro, having been fourth Viceroy of the Indies for the King of Portugal. In 1805, at the age of nineteen, he was selected by the Prefect of his department (Landes) to welcome the Emperor Napoleon, on the occasion of his visit to that department. In 1806, he was one of the guard of honor that accompanied Napoleon to Spain. In 1814, being an officer in the first legion of the National Guards of Paris, he fought with Marshal Moncey at the gate of Clichy. Having emigrated to tlie United States, after the fall of Napoleon, in May, 1827, he was Consul at the port of Providence for the King of Naples, having become an American citizen, by choice, tlie same year. He returned to France in 1838; was the partner of Mr. Lafitte, and took an active part in trying to negotiate a loan for the Republic of Texas. In 1812 he was appointed, in consideration of the ser- vices he had rendered to tlie Republic of Texas, Consul General of Texas at Paris Having received large grants of lands under certain conditions of colonization, ho immediately proceeded to comply Avith his contract, and, after 'great exp'Miso and labor, succeeded in bringing to this State four hun- dred and eighty-five families and four hundred and ]^il'ty-seveu single men, THOMAS F. McKINNEY. BIOGRAPHICAL NOTICES. 525 in tweBty-seven ships, from the year 1843 to 1846. He encountered much opposition from the French Government, which was trying to procure emi- grants for the colony of Algiers, and much expense on account of the Mex- ican war. His first settlement was established on the Medina, in Septem- ber 1844, and was called Castroville, now a flourishing little town, situated in one of the most beautiful and healthy portions of Texas. In 1845, he settled the town of Quihi; in 1846, that of Vandenburg; in 1847, that of Dhanis, all of which settlements are now in a prosperous condition. The colony lands, which were all in Bexar county formerly, now form the counties of Medina, Frio, part of McMullen, Lasalle and Uvalde. He pub- lished many memoirs on Texas, both in the French and German languages, and also map-, which were principally circulated in the Rhine provinces, and greatly aided in procui'ing emigration to this country. He was a man of great energy and of rare aptitude for labor. He devel- oped the country and received the most flattering testimonials from the most prominent persons of the United States. He was a corresponding member of the Washington Institute ; and a great friend and admirer of General Houston. He was on his way to visit the grayes of his family, in France, when death overtook him, in Monterey, Mexico. Cazneau, William L. — A native of Boston ; came to Texas in 1830 ; in 1835 was on the statf of General Chambers ; and was for a number of years connected with the i-egular army, and was Commissary General during Lamar's administi-atiou. In 1841, repi'esented Travis county in Congress. • The next year he was active in preventing the archives from being removed from Austin ; served through the Mexican war ; was afterward appointed by President Pierce Consul General to Dominica; and was a confidential agent of the U. S. Government, in negotiations for the Bay of Samaua; and died in Jamaica in 1876. Chalmers, Dr. John G. — Was Secretary of War under Lamar; and was killed in Austin in 1847, by Mr. Holden. Chambers, Thomas Jefferson. — A native of Virginia; in 1826 he visited Mexico and spent three years studying the language and institutions of the country. In 1829, he was appointed by the authorities at Saltillo, Surveyor General of Texas, but seems never to have undertaken the duties of the office. In 1836, in conjunction with Padilla, he obtained an empresario contract for introducing 800 families of colonists. Decree No. 245, issued January 8th, 1834, admits him to practice law, an examinatiou having been dispensed with. Soon afterward, decree No. 277 creates a Supreme C »urt in Texas, and appoints Mr. Chambers Superior Judge. The law is very specific, prescribing the habiliments of the Judge. His gown should be " black or dark blue, and a white sash, with gold tassels." The Judge hastened to San Felipe with the bill for his court, but untoward circum- stances prevented him from holding it, until the breaking out of the revolu- tion. In 1836, when Texas was threatened with invasion. Judge Chambers appeared before the Executive Council and proposed to loan the Govern- 626 HISTORY OF TEXAS. ment $10,000 ; and further proposed to visit the United States and expend the same in procuring men and munitions of war. The Council accepted his proposition, and commissioned him Major-General of the resei-ve. General Chambers had no ready mone\^, but exf>ected to obtain his supplies by hypothecating his lands. According to the report of Mr. Borden the first Commissioner of the' Land Office, Mr. Chambers had received five leagues of land for his services as Surveyor General ; sixteen leagues for his services as Supreme Judge ; and five leagues each from Jose Manuel Berks and Alexander de la Garza. On these lands he realized a considera- ble amount of means. In his report to Congress, June 3d, 1837, he stated that he had sent to Texas 1,915 men, and expended of his own money $23,621, and had sold bonds amounting to $9,035. On the 12th of June, Congress passed a bill approving his course, and directed the auditor to settle with him. At a subsequent period, he settled in Chambers county, and represented it in the Secession Convention in 1861. He was several times an unsuccessful candidate for Governor of Texas. He was killed while sitting in his own house in 1865. No clue was ever obtained as to the perpetrator of the murder. Childress, George C. — A lawyer by profession; member of the Conven- tion of 1836 ; chairman of the committee that drew up the Declaration of Independence, and author of that declaration. He died by his own hands in 1810. He was boarding at Mrs. Crittenden's, and early one morning, presented himself at her door, before the lady was up, and begged her in piteous terms to save him from himself. Just as the lady opened her door, he plunged the fatal dagger to his ©wn heart, the blood bespattering her dress. A letter in his room stated that pecuniaxy losses by his brother, in gaming, had prompted the fatal deed. Chriesman, Horatio. — Was born in Virginia in 1792. In early life he removed first to Kentucky and then to Missouri, where he engaged in sui*- veying. In 1818, he married Miss Mary Kincheloe, and in the fall of 1821 prepared to emigrate to Texas with the Kincheloe family They embarked on boats to descend the river, but winter coming on, they remained until the next spring; when Mr. Kincheloe preceded the party to New Orleans, where he chartered the schooner " Only Son," Capt. Ellison, and sent five or six young men to the Colorado to make corn. Mr. Chriesman, with the families of Kincheloe, Eawls and Prewett, left St. Louis in a Hat boat, Feb- ruary 25tli, 1822. At New Madrid the party was detained by sickness, and Mrs. Chriesman and her sister died. Being detained again at the mouth of the Red river, by continued sickness, some of the men who were well took a boat-load of bacon up lied river to Alexandaia. All the river trade was then carried on in flat-boats. Arriving at New Orleans, Mr. Kincheloe again chartered the " Only Sou " to convey them to Texas. They landed at the mouth of the Colorado, June 9th. A few days later, another vessel with immigrants landed at the same place. The supplies brought by both boats were left in charge of four young men. while the families went up to "Whar- ton, where Mr. Kincheloe had raised a supply of corn. The young men BIOGKAPHICAL NOTICES. 527 left at camp were killed by the Caranchua Indians, and the goods destroyed or stolen. In 1823, Mr. Chriesnian assisted in making a crop at the Clay place, near Independence. When Colonel Austin returned from Mexico, Mr. Chriesnian was appointed Surveyor for the county. The tirst tract surveyed was for Josiah H. Bell; the tract afterward settled by Amos Gates, five miles below "Washington, on the Brazos river. Mr. Chriesmau held the office of surveyor until the Revolution. His assistants were Ross Alley, Bartlet Sims, Seth Ingram, Wm. Selkirk, Thos. S. Borden, Moses Cummings and John S. Mooney, in Austin's colony. In Robertson's colony, F. W. John- son and Wm. Moore. In 1825, Mr. Chriesman married the second time. His choice fell upon Miss Augusta Hope. As tliere were no priests to perform the ceremony, and magistrates were not authorized to do so, they wei'e married by bond befoi-e Mr. Cole, the Alcalde. While holding the office of surveyor, he was appointed a Captain of the militia, and partici- pated in a good many Indian fights and skirmishes. In 1835, when the Texans invested San Antonio, he was a member of Captain Swisher's com- pany, but was detailed to convey intelligence to the Government at San Felipe, and was thus absent when the city capitulated. Subsequently, Gen. Houston placed him on detached service to assist in the removal of families, so he was not at San Jacinto. He also, at an early period, filled the office of Alcalde at San Felipe. As an illusti-ation of the hardships endured by early pioneers, we give an incident which occurred the year he made a crop at Independence : Having a few days leisure, he visited the family of Mr. Whitesides, on the east side of the Brazos. He found Mr. Whitesides absent on a trip to the East, and his family without meat or bread. With his trusty rifle, he soon secured a good supply of venison. As a further illustration of the generosity of the old Texans, we have heard an anecdote of Captain Chriesmau. At a period when land was cheap and plentiful, his friend. Dr. M., needed a league of land to give in exchange in some trade he was consummating. Capt. Chriesmau, without a word, loaned him the league of land. As it was never very convenient for the doctor to replace it, the debt remains still uncancelled. Up to the period of annexa- tion, Capt. Chriesman lived at the Gay Hill neighborhood, in Washington county. He subsequently removed into Burleson county. Mrs. Chriesman died iwany years since, and the old gentleman died at the residence of his 8on-in-law, Thomas C. Thomson, Esq. in Burleson county, in November, 1878. Coke, Richard.— Was born in Virginia, in 1829 ; graduated at William and Mary College; and studied law. In 1850, immigrated to Texas and settled at Waco, which is still his home. In 1865, he was appointed Dis- trict Judge, and the next year was elected one of the Associate Justices of the Supreme Court. He was elected (Jrovcrnor in 1873, and on the adop- tion of the new Constitution, was re-elected in 1876. A few days after his eecond inauguration as Governor, he was elected to the United States Sen- ate; and on the first of December, 1876, he relinquished the executive •office, and in March following, took his scat in the Senate, 528 HISTORY OF TEXAS. Cole, John P. — One of the first settlers in Washington county ; was Alcalde from 1828 until the revolution; and the first Chief Justice of the county. In 1840 he represented the county in Congress. He died in 1846, and his widow in 1873. CoLKMAX, IloiiEUT M. — Was a Colonel in the army of the Republic, and in command on the Colorado. He was drowned at Velasco, in 1838. He was in the Convention in 1836. One year after his death, his widow and son were killed by the Indians, at their home on the Colorado. CoLLixswORTii, James. — Was a native of Tennessee; and had filled the ofiice of United States District Attorney, before coming to Texas. He was a member of the Convention in 1836 ; and after the adjournment of the Convention was sent as a commissioner to the United States. In 1838 he was appointed Chief Justice of the Republic ; and about the same time became a candidate for President. During the canvass, which was waxing warm and bitter, he drowned himself, by throwing himself ofi" a steamer iu Galveston bay. Cooke, William G. — Came to Texas from Virginia. Having been elected a Captain of the New Orleans Grays in that city, he arrived at San Antonio^ November 8th, 1835, and participated in the capture of the city, being one of the party that stormed the Priest's house. At San Jacinto he was on Houston's statr. In 1837 he commenced the drug business in Houston. la 1839 he was Quartermaster-General; in 1840, one of the comniisar- ties were getting up voluntarj^ expeditions. Governor Smith, on the 17th of December, formally ordered General Houston " to make a demonstration upon Matamoras ; or at least to secure Copano, and harass the enemy in that direction ; " and Houston, says Yoakum, ordered Colonel James Bowie to raise, if possible, a suflScient force and march upon Matamoras. Again, on the 6th of January, 1836, the Governor ordered Houston, says Yoakum, '' to 558 HISTORY OF TEXAS. repair to Bexar, or such other point on the frontier as he might deem most eligible, and establish his headquarters." Houston, instead of going to Sun Antonio, went directly to Goliad, reaching that place on the 16th of January. On the day he arrived there, he ordered Major Morris to Kefugio with his command, and sent Bowie with thirty men to Bexar, with a letter to Col- onel Neill desiring him to demolish the fortifications of that place, and bring- off the artillery, as it would be impossible to hold it. When the General arrived at Refugio, he was shown an act of the council that empowered Colonel Johnson to lead an independent force against Matamoras, and learned that Coloned Fannin had similar authority. Considering that his au- thority had thus been set aside, he immediately returned to Washington and made his report to Governor Smith. The few citizens and soldiers at Refugio elected Houston to the Convention which was to assemble in March at Washington. Among other acts of the Council, it passed a solemn decree to secure the confidence and respect of the civilized Indians in East Texas : that they would guarantee to the Indians the peaceable enjoyment of their rigiits to their lands; that all surveys, grants and locations made within these limits, after the settlements of the Indians, are, and of right ought to be, null and void. On Houston's return to Washington, Governor Smith gave him a furlough till the first of March, and directed him, in conjunction with Messrs Forbes and Cameron, to bear this solemn declai-ation to the Indians, and enter into a treaty with them ; and added: " Your absence is permitted in part by illegal acts of the Council, in superseding you, by the unauthor- ized appointment of agents to organize and control the army, contrary to the organic law and the ordinances of their own body." He and Mr. Forbes proceeded to the east and effected the treaty — a treaty which un- doubtedly kept the Indians quiet during the exciting period which immedi- ately succeeded. Houston took his seat in the Convention which met on the first of March. The declaration of independeni-,e took place on the second ; and on the fourth, Houston was elected Commander-in-Chief, and two days later left for the army, then on the bank of the Gaudalupe. We need not repeat the inci- dents connected with the retreat from Gonzales, and the march to the battle-ground. On the morning of the ever-memorable 21st of April. Santa Anna was re- inforced by the arrival of Cos with live hundred additional troops. Hous- ton sent Deaf Smith, with a few companions, to burn Vinco's Bridge on Simms' Bayou. Tliis was done to cut of the retreat of the Mexicans. About 12 M., a council of officers was held at Houston's headquarters, and a plan of battle arranged. A little after three, the bugle sounded and the troops paraded for action. Burleson's regiment occupied the center; Sher- man was on Burleson's left; and the artillery, commanded by Hockley, and the regulars under Millard, with the cavalry under Lamar, were on the right. Si)ontaneously, as the men rushed impetuously to the charge, the shout ran along the line, " Remember the Alanu) — remember Goliaill " The fine form of the Commiinder-in-Chicf was conspicuous in the- front of the ranks. Some of Houston's enemies have stated differently, but Ben. BIOGRAPHICAL NOTICES. 559 M'Culloch, who was in command of one of the cannon, stated that on one occasion, when about to fire, he withheld the discharge of his i)iece until Houston could pass, as he was immediately in front. Among- the compar- atively few Texans injured on that day, so glorious in our history, Houston was severely wounded in the foot. The enemy, after a few rounds, fled in the utmost disorder fi-om the field. The victory was complete. Six hundred and thirty Mexicans lay dead on the battle-ground; two hundred and thirty-eight were wounded, and seven hundred and thirty were v.iris- oners in the Texan camp. The loss of the Texans was inconsiderable : eight killed and twenty-five wounded. The day after the battle, Santa Anna was brought a prisoner into camp. Notwithstanding the recent massacres at San Antonio and Goliad, the captive chief was treated with great magnanimity; his personal baggage was restored, and he was permitted to have the society of his pei'- sonal staflf. General Houston's wound proving very jiainful, he obtained leave of absence, and on the fifth day of May, embarked on one of the Gov- ernment vessels for New Orleans, for surgical aid. On the 4th of June he wrote as follows to Lamar: ''My wound has improved; some twenty or more bones have been taken out of it ; my general health improves steadily, but it is only within the last four or five days that I have been enabled to sit up any portion of the day." When sufficiently restored, he started back to Texas, reaching San Augustine on the fifth of July. His talents, his for- mer experience in political life, and especially the splendid victory achieved under his command at San Jacinto, pointed him out as the most suitable person to fill the executive chair of the young Republic ; and at the election held in September, he was elected President of the Republic. It is hardly necessary to i*eview the various measures of his administration. Towards the Indians he always pursued a liberal and pacific policy. He enforced the most rigid economy in the various departments of the government, eveu first furloughing and then disbanding the army to curtail expenses* The English was substituted for the Spanish system of judicature. By the con- stitution, the first President held office only two years, and was inelgible at the next ensuing election. He was succeeded by Vice-President Lamar, but was i"e-eleoted President in 184:1. Wlien he again became President, he found the public credit at the lowest ebb; the Indians hostile; the seat,of government on the extreme frontier, at Austin, and the Mexicans threat- ening another invasion. He soon succeeded in improving the financial situa- tion, in quieting the Indians and improving the general tone of feeling throughout the counti-y. But in March, 18-12, a Mexican force under Vas- quez captured San Antonio, and another party took possession of Goliad. Houston, thinking the public archives were too much exposed on the fron- tier, removed the seat of government, first to Houston then to Washington, on the Brazos. This provoked great opposition to his administration in the west. Tlie Navy was another source of trouble. It had cost an enormous sum, and had been of very little advantage to the country. A bitter pex'sonal controversy arose between the President and Commodore Moore, which finally resulted in the suspension of tiie latter from his command. By 560 HISTORY OF TEXAS. Houston's recommendation, Congress had passed a secret bill for the sale of the ships. When this was known at Galveston, it produced such a state of excitement that the law was repealed. Again : the prisoners in Mexico, taken first in the Santa Fe expedition, and afterwards in the Micr expedi- tion, caused trouble; many thinking that the President did not exert him- self for their release. Added to tliis, the miserable failure of the expedi- tion sent out by his authority, under Snively, added to the annoyances of his second administration. Again: the subject of annexation to the United States was now becoming the question, in Texas. It was thought Hous- ton, if he did not oppose this measure, was at least indilferent to its success. In this he was undoubtedly misjudged. He was in favor of annexation, but he thought the best way to secure that measure was to appear comparatively indifferent. In the meantims, he did secure an armistice with Mexico, which continued until annexation was consummated during the administration of his successor, Dr. Jones. Jones had been Secretary of State under Houston, and was the choice of Houston's friends as his successor. General Houston was elected a member of the Annexation Convention, from Montgomery county, but for some unexplained reason never appear- ed and claimed his seat. At the first session of the State Legislature, in 1846, he was elected to the United States Senate, and was re-elected in 1847, and again in 1851. An old Jackson Democrat, he naturally associated with the dominant party in Congress, the party that had annexed Texas to the Union, and was carrying on the Mexican war. He was in favor of a rigid construction of the Constitution, and opposed to banks and a paper curren- cy ; opposed to all monopolies, and in general to all subsidies by the general and State governments. He opposed giving State aid to railroads, asserting : 1st, that the money would be in danger of being lost; and 2d, that if so used, it would create such powerful monej'ed corporations as to endan- ger the liberties of the people. In a speech, in Austin, in the latter part of 1853, he declared, " that he would rather see CA'ery dollar in the Treasury sunk in the Colorado river, than to see it loaned to railroad corporations." As early, however, as 1848-49, he began to be suspected by some of his Southern friends, as having a leaning towards the North. The question was upon the extension of the Missouri Compromise over the newly- acquirod territoi-y on the Pacific coast. He voted against the extension of the thirty-six degrees thirty minutes line across the Continent, thus virtu- ally excluding slavery from the Pacific coast. In a speech, in the Senate, he said: " It could iiot be for the interest of the North to destroy the South. * * The intelligent and manly spirit of the North would rise up to defend the Union. He wished no separation of the States. He had too much confidence in the North to fear any injury from that section, and he thought the South, (and he was a Southern man), should make some sacri- fices for the purpose of reconciliation." Long before this, Houston had taken a decitled stand fur the Union. He was in Texas during the Nullifi- cation excitement in South Carolina. He wrote to President Jackson : " I have with much pride and inexpressible satisfaction seen your message and proclamation, touching the Nullifiers of the South, and their peaceable BIOGKAPHICAL NOTICES. 561 measures. God grant that you may save the Union ! It does seem to me that it is reserved for you, and you alone, to render millions so great a blessing. I hear all voices commend your course, even in Texas, where is felt the liveliest interest in the preservation of the Republic." In 1854, Senator Douglas introduced into the Senate, in his Kansas and Nebraska bill, his famous doctrine of Squatter Sovereignty ; giving Territo- rial Legislatures the right to say whether slavery should, or should not exist in their respective Territories, Houston, and John Bell, of Tennessee, were the only Southern Senators who voted against Douglas' bill. Hous- ton opposed the bill on the ground of expediency ; admitting, however, that the principle was correct, that the citizens should decide whether ihey would tolerate or exclude slavery from their State. Houston contended that if this bill passed, which was a virtual repeal of the Missouri Compro- mise, the new Territorities would exclude slavery. The North, being the most populous, Avould pour into them a tide of immigrants, who would never consent to the existence of slavery. The result vindicated this view of the Senator. Both Nebraska and Kansas became free States. About this time, Houston, for a period, affiliated with the Know-Nothiijg party. His course was severely condemned by many in Texas, and he was often called upon to defend himself. We copy some extracts from one of his speeches delivered at Nacogdoches, December 21st, 1855. The first extract refers to the bill for the naturalization of foreigners, allowing every one to vote on a six months' residence in the country. He contended this was in contravention of the laws of the United States, which required a longer residence. " This bill," said he, *' relinquishes the acknowledged right of the South to slave States south of thirty-six degrees thirty minutes. It was a concession of every benefit the South might claim from the Com- promise of 1820. It gave to aliens the right to suffrage in six months after they came to the Territories, no matter where they came from — whether fresh from the prisons and poor-houses of Europe, with the mark of the fetters or the parish garb upon their limbs,— they stand upon the soil as free as the American who has shed his blood in defense of his country; and with such privileges given such a class, the fallacious hoi)e was indulged by Southern gentlemen that slavery would go into the Territories. The sou of the soil, with his slaves and his sturdy boys, all capable of advancing and defending the interests of the Territories, ai-e to be weighed in the balance with the pauper or the felon, who has been hurled from European society as a blot too foul for endurance ; and by this means, slavery is to go into Km^as! The South repudiated this, and stood by Mr. Clayton's amendment on the first vote upon the bill, but receded from its position when the bill came back from the House with the amendment stricken out, and swallowed the bill. I could not do it. The times have changed. Europe is emptying her vials of wrath upon us in the shape of thousands of her worst population, and it is time that a more cautious policy should be adopted. There are honorable exceptions, but the mass is a vile compound of all the dangerous tendencies ol trans- Atlantic society. The South found herself powerless to check the evil, and it gave way. I could not do it, and whether I am to stand alone, or not, I will always be found resisting 562 HISTORY OF TEXAS. the encroachments of foreign influence upon our government. My vote shall never be founcl in favor of allowing the vote of the foreigner, who has been on our soil but six months, to weigh against the vote of a native or a naturalized citizen, in moulding the institutions of a sovereign State of this Union. Never! " Southern men are expected to embrace the Nebraska bill because it pro- claims a correct principle and establishes the doctrine of non-intervention, r accept no guide for my action but the Constitution and my constituents. Hecause the entire South was w^rong, should I be wrong too? I saw in that bill what the results have proved to be in it — disruption and disunion. I toldihem that generations yet unborn would reap the direful consequences if they repealed the Compromise. What is the establishment of an empty principle, if notliing is to be gained by it? What does the South gain by having the right to carry slaves to Nebraska, if slavery cannot go there? Nothing. The aflBrmation of a correct principle, when evil will grow out of it, is worse than nothing ; and can any one point out the benefits which have accrued to the South by this means? Under the Missouri Compro- mise the South did realize benefits, by the accession of slave States; but now that there is no line between slavery and free soil, where will it end? Population, with anti-slavery tendencies, will make free States at your veiy doors. You can point to no compact by which the limits of free soil were fixed, and Texas will be like Kentucky, with a receptacle for her runaway negroes on her borders. True, the Missouri Compromise did not compel States south of thirty-six degrees thirty minutes to be slave States, but have any free States been found south of that line? And has it not always been conceded that they were to be slave States? The standard of free soil was not j)lanted in Louisiana or Missouri; and why? Because the Missouri Compromise was a line of demarkation between slavery and free soil, and the North, aggressive as it has been, never has crossed that line. Who can foretell the result of the Compromise of 1850? I stood side by side with the statesmen North and South, in the support of those measures. And did they not soothe the waves of discord that dashed at the foot of the Capitol? As if a Savior spoke, so calm and smooth became their glassy surface! Did it not quiet the discordant croakings of the Abolitionists, and lull into security the fears of the American people? It was a re-afhrnia- tion of the faith of compromises ; and when the repeal of the Missouri Compromise was asked, I would have been untrue to every political act of my life, untrue to the repeated instructions of my constituents, had I not resisted it. A thousand kind memories cluster around the Compromise. It was hallowed by the devotion of the valiant defenders of the Constitu- tion. Under its rule the country had witnessed peace and prosperity. I told them I would stand astride the line of thirty-six degrees thirty min- utes, if needs be, and there would do battle, and there I would perish in defense of the rights of the South." Houston, judging correctly, from the tone of public sentiment in Texas, that he would not be returned to the Senate, in 1857 announced himself an independent candidate for Governor. He was beaten by lion. II. II. Run- nels, the regular Democratic nominee. We believe this was the only time he ever was defeated in an election before the people. SIDNEY SHERMAN. BIOGRAPHICAL NOTICES. 565 At this period political excitement i-an high, and the small cloud was already visible which portended a feaiiiil civil strife. Perhaps to divert attention from sectional animosities, Houston, on the 20th of April, 1858, introduced a most remarkable resolution into the Senate. It was nothino- less than a proposition looking to the establishment of a protectorate over Mexico I He was a strong advocate of what is called the Monroe doctrine : that America must control the political affairs of her own continent; and he feared that Mexico was about to pass under European domination. In 1848, he had advocated the policy of taking possession of Yucatan, when it was thought that peninsula would fall into the hands of Spain. The fol- lowing Ava? Houston's resolution : " Whereas, the events connected with the numerous efforts of the people of Mexico to establish upon a reliable basis an orderly system of self- government, have invariably resulted in a complete failure; and whereas, the condition of Mexico is such as to excite alarming apprehensions that she may precipitate herself into a wild condition of anarchy; and the more so as she has demonstrated, from time to time, her utter inability to suppress her intestine commotions and to conquer the hosts of bandits with which she is infested ; and whereas, the United States of America, on account of the continental policy which they cherish and desire to enforce, can never permit Mexico to be re-subjugated by Spain, or placed under the dominion of any foreign power; and whereas, one of the most important duties devolving upon civihzed governments, is to exact from adjoining nations the observance of good neighborhood, thus shielding themselves against impending, or even remote, injury to their border security: Therefore— Hesolved, That a committee of seven be raised to inquire and report to the Senate, whether or not it is expedient for the government of the United States of America to declare and maintain a protectorate over the so-called RepubUc of Mexico, in such a form and to such extent as shall be necessary to secure to this Union good neighborhood, and to the people of said coun- try the benefits of orderly and Avell-regulated Republican government." In 1859, Houston again became an independent Democratic candidate for Governor. In his letter of acceptance he said : *' The Constitution and the Union embrace the principles by which I will be governed, if elected. They comprehend all the old Jackson Democracy I ever professed or offici- ally practiced." In a circular addressed to his constituents, he said: '' I would lay down my life to defend any one of the States from aggression which endangered its peace, or threatened its institutions. I could do no more for the Union. I could wish to do more ; for the destruction of the Union would be the ruin of all the States." Governor Runnels was nominated for re-election by the regular Demo- cratic Convention. Some of Mr. Runnels' supporters were ardent advo- cates for the i-e-opening of the African slave trade, though the Convention which nominated him refused to endorse that iniquitous maasure. After an active canvass, in which Houston spoke in most of the prominent cities of the State, proclaiming his devotion to thetlnion and his hostility to the re-opening of the slave trade, he was elected by a handsome majority. He, however, found himself embarrassed from the commencement of his admin- 566 HISTORY OF TEXAS. istration. The Indians were troublesome upon the frontier; incendiary- fires occurred in various parts of Northern and Eastern Texas. Tliese were said to be caused by Abolitiou emisariL's, and this intensified the excitement. Houston was a pronounced opponent of secession, and it was soon evident that a majority of the Legislature were in favor of that measure. Houston was wining to co-operate witli tlie border skive States in any measure deemed necessary for mutual protection. But this did not satisfy the Secessionists, who were resolved that Texas should link her destiny with her sister Southern States. The Legislature convened in extra session January 21st, 18G1. By common consent, the people had, on the 8lh of January, elected delegates to a Convention which assembled at Austin on the 27th of the same month. Fearing the United States pi'operty on the frontier might be seized by irresponsible parties, Houston, on the 20th of January, wrote to General Twiggs, in command at San Antonio, inviting him to turn the property belonging to the army over to the State authorities. In his reply, dated the 22d, Gen. Twiggs said : " I am without instructions from Washington as to tiic disposition of public property here. After secession, if the execu- tive of the State makes a demand of the commander of the department, he will receive an answer."' The pi'operty was promptly surrendered to the commissioners appointed by the Secession Convention. The ordinance of secession was passed on the 1st of February, after which the Convention adjourned. The popular vote was taken on the 23d, and secession i)revailed. The Convention re-assembled on the 2d of March. It was now too late to oppose secession, but Houslon, among his friends, ad- vised Texas to resume her former position as a Republic, and refrain from attaching herself to the Confederacy which had just been formed at Mont- gomery, Alabama. The Convention, however, on the 5th of March, passed a bill uniting Texas to the new Confederacy. All State officers were re- quired, on the 14th, to take the oath to support the new government. This Houston refused to do. He was joined by Mr. Cave, his Secretary of State. The two were displaced from office. On the IGth, Lieutenant-Governor Clark was inaugurated Governor. Houston made no serious opposition to retiring to jjrivate life. He, however, published an address to the people of Texas, in which he said: '' I protest, in the name of the people of Texas^ against the acts of this Convention, and pronounce them null and void." * * * " I love Texas too well to bring civil strife and bloodshed upon her. To avert this calamity, I shall make no endeavor to maintain my au- thoi'ity as Chief Executive of this State, except by the peaceful exercise of my functions. "When I can no longer do this, I shall calmly withdraw from the scene. * * * Fellow-citizens, think not that I complain of the lot wiiich Providence has now assigned me. It is, perhaps, meet that my career should close thus. I have seen the statesmen and patriots of my youth one by one gathered to their fiithers, and the government which they had roared rent in twain, and none like them are now left to reunite it again. I stand almost the last of a race who learned from them the lessons of human free- dom." Two days after sending forth this appeal, the Legislature met, and Hous- BIOGEAPHICAL NOTICES. 567 ton, still claiming to be Governor, sent in a message. Eeferring to his de- position from office, he said: " The Executive can, therefore, but await youi action, and that of the people. If driven at last into retirement, iu spite of the Constitution of the State, he Avill not desert his country, but his praj-ers for its peace and prosperity vi^ill be offered up with the same sincerity and devotion with which his services were rendered while occupying public sta- tion." As the Legislature promptly recognized Clark as Governor, Houston soon left the Capital and retired to private life. He still, however, watched, with great interest, the progress of events. When martial law was pro- claimed in Texas, he addressed an earnest protest to Governor Lubbock against this anti-republican expedient. ._ In I louston's retirement, he was not happy. He looked upon secession as an accomplished fact; he viewed with inexpressible grief the war measures adopted by both contending armies; he feared that republicau institutions would be superseded by two centralized despotisms, iu which the liberties of the people would be swept away ; and the prospect saddened him. His last appearance before a pubUc audience was in the city of Houston on the 18lh of March, 1868. We copy the opening paragraph of his speech: ''Ladies and FeUmo-Citizens: With feelings of pleasure and friendly greeting, I once again stand before this, an assemblage of my countrymen. As I behold this large assemblage, who, from their homes and daily toil, have come to greet once again the man who so often has known their kind- ness and affections, I can feel that even yet I hold a place in their high re- gard. This manifestation is the highest comphment that can be paid to the citizen and patriot. As you have gathered here to listen to the sentiments of my heart, knowing that the days draw nigh unto me when all thoughts of ambition and worldly pride give place to the earnestness of age, I know you will bear with me, while with calmness, and without the fervor and elo- quence of youth, I express those sentiments which seem natural to my mind, iu the view of the condition of the country. I have been buffetted by the^^ wave?, as I have been borne along time's ocean, until shattered and worn I approach the narrow isthmus which divides it from the sea of eternity be- yond. Ere I step forward to journey through the pilgrimage of death, I would say that all my thoughts and hopes are with my country. If one impulse arises above another, it is for the happiness of these people; the welfare and glory of Texas will be the uppermost thought, while the spark of life lingers in this breast.'" .v ^ Houston's health was now sensibly declining, and he died ou the 26th of July, 1863. In announcing his death, the Houston Telegraph used the fol- lowing language: "■ Let us shed tears to his memory, due to one who has filled so much of our affections. Let the whole people bury with him what- ever of unkindness they had for him. Let his monument be in tlie hearts of those who people the land to which his after years were devoted. Let his fame be sacredly cherished by Texans, not less to his distinguished services than to their own honor, of which he was always so jealous and so proud." To Houston Texas owes a lasting debt of gratitude. It was under his leadership that our independence was secured at San Jacinto. Duiing his entire life, he labored to preserve for educational purposes our immense V. 568 HISTORY OF TEXAS. public domain. For thirty years his energies were exerted to promote the welfare of our great commonwealth ; and yet his bones, without a stone to mark the place, sleep beneath our soil. Comparisons have been instituted between Austin and Houston, though, in fact, there are few points of analogy in their character or providential work, Austin was the man to introduce population into a wilderness, or- ganize society, and found a State; and nobly did he accomplish bis work. Houston was the man for the revolutionary period — to tight the battles of Uberty and establish permanently the great principles of the American Con- stitution. We can but indulge in a feeling of regret that he was removed from the earthly scene while the clouds of civil war obscured the political horizon. But he now, doubtless, from his higher state, with clearer vision, views with delight the new era of prosperity upon which his beloved coun- try has entered. Howard, George T. — "Was Captain of a Ranger company in Hays' and in Bell's regiments, during the Republic; was severely wounded in the fight with the Comanches, in the Council House, in San Antonio, in 1840. In 1852 he was Indian Agent, and accompanied Major Neighbors to Santa Fe. He died in Washington City iu 1865. Howard, Volney E. — Came from Mississippi to Texas ; was a member of the Annexation Convention, and also represented Bexar countj^ in the State Senate in 1846; from 1849 to 1852 he represented the Western district iu Congress. At the close of his Congi-essional term he was sent as Gov- ernment Agent to settle land claims in Cahforuia, and never returned to Texas, Hubbard, Richard B. — Was born in Georgia, in 1834; graduated at Mercer University in 1851, and at Harvard Law School the next year. With his father's family, he came to Texas in 1853, and settled at Tyler. In 1856 he was appointed United States District Attorney ; in 1858 he repre- sented his district in the Lower House of the Legislatui'e ; in 1860 he was an elector on the Breckenridge ticket, and also a delegate to the Charleston Convention. At the breaking out of the civil war, and after having com- manded the Twenty-second regiment of Texas infantry, he was promoted to the command of a brigade. In 1872 he was an elector on the Greeley ticket; in 1873 he was elected Lieutenant-Governor, and re-elected in 1876. On the first of December, 1876, Governor Coke resigned, and Mr. Hubbard became Governor. Hunt, Memucan. — A native of North Carolina, came to Texas after the battle of San Jacinto, landing at Velasco during the excitement about the release of Santa Anna. General Hunt filled a number of public oflSces, having been at one time Secretary of the Nav\- ; he was also, in the pompous language of diplomacy, " Minister rienipotentiary and Envoy Extraordinary, from the Republic of Texas to the United States of Amer- ica;" and he was the (Jommissioner on the jmrt of Texas, to run the BIOGEAPHICAL NOTICES. 569 boundary line between Texas and the United States. He met Mr. Overton, the Commissioner on the part of the latter government, at the mouth of the Sabine, but they made poor progress in running the line. Mr. Overton contended that according to the treaty, the line should come to the west line of the Lake, while Mr. Hunt insisted upon running it in the middle of the Lake. The controversy lasted until the appropriation on the part of Texas was exhausted, when the Commission dissolved, leaving the question still unsettled. After annexation, General Hunt removed to New Orleans, and engaged in mercantile business. Hunter, William L.— Came to Texas in 1835, as one of the New Orleans Greys; was in the Fannin massacre, but almost by a miracle, escaped death. He was a member of the Annexation Convention ; has filled the office of Chief Justice of Goliad county, in which he still lives. Hunter, John Dunn. — "When a mere boy, was taken captive by the Indians ; had no recollection of his parents or childhood home. He was about eighteen years of age when he was discovered by a party of Missouri fur traders. One of these traders, by the name of John Dunn, took a deep interest in the rescued boy, who took the name of his friend in addition to that of Hunter, which the Indians had given him. Young Hunter acquired a very fair English education, and traveled extensively in the United States, and also visited England, where he received marked attention from persons belonging to the nobility. While in England he published an account of his life and of the customs of the American Indians. After his return he still interested himself in Indian afiiiirs. In 1825-26, the Cherokees sent Dunn as their agent to the city of Mexico, to secure a home for their tribe in the Province of Texas. He obtained a pledge that the Indians should remain in undisturbed possession of their homes on the Neches river ; but he failed to secure proper titles to the lands. Fearing that they might be disturbed, Hunter, Fields, and a few other chiefs, entered into a league with Edwards and the party of Fredonians, in resisting Spanish authority. But Colonel Bean, the Spanish Indian Agent, succeeded in detaching most of the Indians from this ill-advised league. But Hunter, Fields, and two or three companions started, in good faith, to join the forlorn hope at Nacogdoches. When near the Anadaqua village, while Hunter's horse was drinking in a creek, he was deliberately shot by one of his treacherous companions. The first shot was not immediately fatal, and the wounded man implored tlie murderer to spare his life. '' It is hard," he said, " thus to die by the hands of ray professed friends." The appeal was in vain. Another fatal shot closed the career of this extraordinary man. Huston, Felix.— Arrived in Texas after the battle of San Jacinto. In the summer of 1836, when linsk resigned the command of the army, to take his seat in Houston's cabinet, General Felix Huston succeeded to the com- mand. Soon afterwards President Houston sent General A. S. Johnston out to assume the command. This produced a personal controversy be- tween the two Generals. A duel was the result, in which GeueralJohuston 570 HISTORY OF TEXAS. was so severely wounded as to be unable to take command of the army. The duel was fought February 7th, 1837, at Chalk Bluff, on the Lavaca river. Huston remained for some years in Texas, and commanded in the battle of Plum Creek, in the summer of 1840. After this he returned to Mississippi and resumed his plauting operations. He died near Natchez in 1857. Ingram, lux. — Was the first alcalde of Matagorda municipality, in 1834; ill 1836 he was a member of the Texas Congress, and Speaker of the House of Representatives. Ingram, Seth. — Was one of Austin's surveyors; laid out the town of San Felipe, and surveyed most of the land on Old Caney and Peach creeks, and the Lower Colorado river; died in Matagorda, in 1857. IsBELL, William. — A pioneer in Texas, had been on Indian campaigns during the colonial period ; was one of the storming party that took San Antonio, in 1835 ; a private in Captain Heard's company, in 1836, at San Jacinto. During the Republic was a member of Captain Mark B. Lewis' Ranging company; lived in Burleson county; became blind in 1856, and died in 1877. Jack, Patrick C. — A lawyer; came from Alabama to Texas in 1832, and was soon afterward arrested by Colonel Bradburn, at Anahuac. In 1837-8 he was in the Texas Congress, and soon after the close of his Congressional term was appointed a District Judge. He died of yellow fever, in Hous- ton, August 4th, 1844. Jack, William H.— A brother of the above, came to Texas in 1830 ; was a member of the Committee of Safety of Columbia in 1835, and also con- nected with the army of the West the same year; fought as a private at San Jacinto; the same year was in Burnet's cabinet as Secretary of State. At a later period he represented Brazoria county in the Texas Congress. He contracted the yellow fever in Galveston, and was taken down with the disease after he reached Rnnnel's plantation, on the Brazos, and died August 20th, 1844, sixteen days after his brother had died of the same disease in Houston. Johnson, Frank W. — Was born in Virginia, in 1794 ; came to Texas in 18-^6 ; in 1830 was surveyor in Ayish district; in 1831, alcalde at San Felipe; in 1832 he was elected commander of the forces assembled at Anahnac to resist the aVbitrary measures of Bradburn, and to release Jack, Edwards, and other prisoners; in 1835 was Adjutant, first to Austin and then to Burleson; commanded one of the storming parties that entered San Anto- nio, and, after the death of Milam, was in command of the whole party when the city surrendered. In the spring of 1836, he, in company with Grant and Morris, was preparing for a descent upon Matamoras, when his small party was completely surprised at San Patricio, by the Mexicans BIOGRAPHICAL NOTICES. 571 iinder Urrea. The Mexican citizens of the place had been notified of the ^approach of Urrea, and advised to keeps lights burning in their houses, so that their friends might not interrupt them. As it happened, tliat night Johnson was writing till a late hour, and by this means, he, and two or three companions escaped, and made their way safely into the interior of Texas. Colonel Johnson is still living in Austin. Johnson, Moses, — Treasurer of the Republic under Jones' administration Died of yellow fever at Lavaca, in 1853. Johnson, M. T. — A native of South Carolina; came to Texas in 1839, and settled in Shelby county, which he represented in Congress during the Republic; in the Mexican "War he was Captain of a company; afterwards Lieutenant Colonel of Bell's regiment of rangei's, and in command of the district of Red River; in 1860, by order of Governor Houston, he raised a regiment of rangers for frontier defence. In 1866, Colonel Johnson was a member of the Reconstruction Convention. His health was failing and he died in May, after the adjournment of the convention, in the city of Austin. Johnston, Albert Sidney.— A native of Kentucky ; graduated at West Point, in )826, and was assigned to duty in the Sixth Infantry. After hav. Ing served in the Black Hawk War, in 1832, he resigned his commission in the army; in 1836 he came to Texas, and early in 1837 was appointed by President Houston commander of the army in the West. He was to super- sede General Felix Huston. A personal dilBcalty occurred between the two generals, resulting in a duel, in which Johnston was severely wounded. Unable to assume command, he resigned, and opened a plantation in Bra- zoria county. When Lamar became President, Joluiston was appointed Secretai-y of War, and in 1839 organized the expedition for the expulsion of the Cherokees from East Texas. In 1846 he was elected colonel of the Second Regiment of Texas volunteers in the Mexican War. At the expiration of their term of service, he was re-commissioned in the regular armj'^ and a[j- pointed Inspector General. In 1849 he was Paymaster, and soon afterward assigned to the command of the Second Cavalry, then doing duty on the Texas frontier. For a number of years Colonel Johnston made his home in the city of Austin. In 1855, he went with General Harney to the plains, and the next year. Colonel Johnston was assigned to the connnand of Salt Lake, where his energetic movements completely overawed the Mormons, and prevented a serious outbreak among them. In 1860 he was transferred to the Department of the Pacific, with headquarters at San Francisco. The next year, he resigned his commission in the army, with the view of ofier- ing his sword to the Confederacy. He came overland, through Texas, and was at once assigned to the command of the army then before Bowling Green, in Kentucky. He rightly conjectured tliat, Avith the opening campaign in 1862, the Federals would attempt to penetrate the Confederacy through Kentucky. He thex-efore strongly fortified a line of posts, beginning at Columbus, and including Island No. 10. in the Mississippi river, and ex- lending east to Fort Henry, Fort Donaldson, Bowling Green, Mill Springs 572 HISTORY OF TEXAS, and Cumberland Gap. The success which had crowned the Confederate arms in the East, inspired those in the AVest with great confidence. They believed that Nashville would be as easily protected as Richmond had been. General Johnston, however, was not so sanguine. The army was only about half as large as he expected to find it; nor was it in as thorough a state of orgaization as the army in Virginia. He had a much longer line of defence than that in front of Eichmond ; and in a territory penetrated by rivers nav- igable by gun-boats. As Johnston expected, the campaign of 1862 opened early and vigoi'ously. The first point in his lines assailed was Mill Springs. This was captured by General Thomas, January 19th ; the Confederate General Zollicoffer having been killed in its defence. Just at this juncture, there was an extraordinary rise in the Cumberland and Tennessee rivers. A flotilla of gun-boats, under the command of Commodore Foote, ascended the Tennessee, and on the sixth of February attacked and destroyed Fort Henry. Immediately descending the stream, he was able to ascend the Cumberland for a combined naval and army attack upon Fort Donelson. On the 16th of February, after a three- days' fight, this important post, with its garrison of 12,000 men, surrendered to General Ulysses S. Grant. General Johnston's headquarters were still at Bowling Green ; but the loss of these important posts rendered a retreat to a new line of defence a matter of absolute necessity. He accordingly fell back to Corinth, Mississippi, leaving the most of Tennessee in the hands of the Federals. To the Confederacy, this was an irreparable loss ; and it Avas keenly felt. The newspaper press, and it was said some of Mr. Davis' Cabinet, reflected severely upon General Johnston. These criticisms keenly touched his sensitive nature, and he determined, when an opportunity ofiered, to retrieve his reputation, though no imputation had ever been cast upon his personal courage or patriotism. Grant, flushed with his victory at Donelson, hastened up the Tennessee to Pittsburg Landing, far in advance of the support expected under General Buel, and Johnston seeing this, by forced marches, hoped to fall u^pou Grant before he could receive reinforce- ments. It was a bold move and successfully executed. The Federals were taken completely by surprise. During the fight on the first day, April sixth, the Confederates captured 3,000 prisoners and a number of battle-flags, and at night had possession of the battle-ground. Late in the afternoon, while J ihnston, in an ex^josed position, was giving some orders, he received a riHe-ball in his leg. Had he attended promptly to his wound, it would not necessarily have been mortal, but it was neglected, until, faint with the loss of blood, he had to be lifted from his horse. He soon afterward expired; (Iving on the battle-field, as a true soUlicr would prefer to die. Grant massed his forces on the bank of the river, under the protection of his gun- boats; that night his reinforcements arrived, and the next day the tide of battle turned and the Confederates, under Beauregard, retreated. The re- mains of General Johnston were temporarily buried in New Orleans. In 1866, the Legislature of Texas made an aijpropriation to have his remains brought to his old home in Austin for final interment in the State burying- gronnd, in that city. Albert Sidney Jolniston was a man of marked ability, amiable disposition, unaflected modesty, dauntless coui'age, and irreproach- THOMAS WILLIAM WARD. BIOGRAPHICAL NOTICES. 575 able integrity and purity of character. His loss was severely felt by his companions in arms. Jones, Oliver— One of Austin's earliest colonists. In 1824 he com- manded an expedition against the Caranchua Indians; in 1829-30, he was Alguazil, or Sheriff, of Austin's colony; in 1834, he represented Texas in the Legislature of Coahuila and Texas, at Saltillo. He was in the Annexation Convention of 1845 ; died in Houston in 1868. Jones, Randal— Was a captain in the war of 1812, In 181 4 he visited the Sabine River, with the intention of aiding Toledo in re-organiziug the Re- publican Army of the North. That enterprise was broken up b}°the vigi- lance of the United States officials, and for five years Jones was a trader among the Indians and Mexicans in Texas. In 1818, he enjoyed the hospi- tality of Lalleraand on the Trinity River, and of Lafitte in Galveston. In 1819, he joined Long's expedition ; on his way, he conducted Mrs. Long from her sister's, Mrs. Calvitt's, on Red River, to Nacogdoches. He was immediately dispatched by Long to the Brazos, intending to descend that river to Galveston, which was then supposed to be at the mouth of that river. While the party were at the mouth of the Navisot, preparing skiffs, they were attacked by the Mexicans, under Perez, and driven into the woods with nothing on which to subsist. They made their way to the villages of the friendly Indians on the Trinity River, and thence to Louisiana. He re- turned to Texas as a colonist in January, 1822, and settled at Richmond, then known as Fort Bend. The next year he revisited Louisiana, and traded a negro boy for sixty head of cattle, which he succeeded in bringing, without loss, to his new home on the Brazos. This was the first considera- ble stock in Brazoria county, though Mr, Morton before this had one or two milk-cows. In 1824, Austin appointed Jones captain of the miUtia, and he had a severe fight with a party of Caranchua Indians, on what has since been called Jones Creek, in Brazoria county. October 12th, 1824, he was married to Miss Polly Andrews. As there was no priest in the country, they were married by bond. They named their first child Wiley Martin. In 1835, Captain Jones was a member of the Consultation at San Felipe. Late in life, he lost his eyesight. He died at the residence of his son-in-law, Judge Gustave Cook, in Houston, in 1873, aged 86 years. Jones, Dr. Anson.— Was born in Great Barrington, Massachusetts, in 1798 ; licensed to practice medicine in 1820 ; and after spending two years in Venezuela, came to Texas, and settled in Brazoria, in 1833, At a public meeting in Brazoria in December, 1835, he strongly advocated the declara- tion of Texas independence, and presented a resolution calling for tiie Convention which met in Washington, in March, 1836. When'^the war broke out, Dr. Jones enlisted as a private in Captain Calder's company, but was soon afterward appointed surgeon in Burleson's regiment. At Harrisburg he was left with the sick, but after providing for their proper care, he left them under charge of Dr. Wm. P. Smith, and hastened on to the battle-field and took his place in the ranks, until he was summoned to 32 576 HISTORY OF TEXAS the care of the wounded. In 1837 he represented Brazoria county in Con- gress. In 1838 he was INIinister to the United States, and while absent was elected to the Senate, of which he was elected President in the absence of the Vice-President. On the 17th of May, 1810, he was married to Mrs. Mary M'Crory. During Houston's second term, Jones was Secretary of State, and conducted with marked ability the foreign correspondence; and at the close of the term, was elected President of the Republic. This was in 1844, a most critical period in our history. The question of annexation to the United. States was publicly discussed, and amicable relations had to be maintained with otlier foreign powers. In Texas, annexation was a very popular measure, and a class of noisy politicians raised a clamor against President Jones, because he did not hasten it forward more rapidly. So bitter was the feeling, that at a called session of Congress in June, 1844, a proposition was introduced to depose the President, and institute a government ad interim. This was voted down, and so was another resolution, giving tlie President a vote of thanks for his services. But Dr. Jones had been misunderstood, and when all preUminary questions had been satisfactorily adjusted, he issued his procla- mation for an election of delegates to the Annexation Convention. This was a popular move. By fixing the ratio of representation according to population, he satisfied East Texas; and by convening the Convention in Austin, the capital which had been abandoned by President Houston, he satisfied the West. AVhen annexation was consummated. Dr. Jones retired to his place, called Barrington, in Washington county; and for eleven years remained in pri- vate life. In 1857, some of his friends brought his name forward as a candidate for the United States Senate. He had not filled out half tne time of his Presidential term, when he was displaced by the act of annexation. Almost every other promineiit Texan had been rewarded with either a State or Federal oflice. He alone had remained secluded upon his planta- tion. He felt that he had been overslaughed, and when his name was brought forward conspicuously for the Senate, he felt gratified at the pros- pect ofbeingat last remembered, for his sacrifice in prematurely surren- dering the Presidential office. But even then, he had forebodings that he 'would be defeated. Commenting upon a letter, in which Hon. Hamilton Stuart had said to him, " Public opinion will yet do you justice," Dr. Jones writes, '' But it will probably be after I am dead." Wigfall and Hemphill, two South Carolinians, were elected to tlie Senate, and Jones was left in private life. In 1857 he sold his Barrington place, with a view of settling on the coast, between Galveston and Houston. On the 7th of January, 1858, he was at the old Capitol Hotel in Houston; he then seemed in low spirits, and in a sad tone remarked to a friend, " Here, in this house, twenty years ao-o, I commenced my political career in Texas, as a member of the Senate, and here I would like to close it." Not long afterward, a pistol shot was heard in his room, and Dr. Jones was found in a dying condition. The country was shocked at this sad occurrence. The next year, a biographical sketch appeared in the Texas Almanac, prepared by his friend, ex-Presi- BIOGRAPHICAL NOTICES 577 -dent Burnet. Heferring- to this case, in connection with that of the late lamented Rusk, Judge Burnet says : ''■ Both these distinguished patriots had succeeded in all the objects of an honorable ambition, probably even beyond their own aspirations. What, then, are the unfortunate circumstances that so prey upon the mind as to render life a burden, even in the midst of family endearments, of friends, and honors and distinctions? All we can say in explanation, is to refer to the undoubted fact that Dr. Jones was subject to occasional paroxysms of mental gloom and deep despondency, which he could not overcomeor con- trol, and which often well-nigh destroyed his balance of mind. During the latter years of his life, this unhappy temperament had gradually assumed more and more the character of a disease, under the influence of a physical derangement to which he was subject. Those who have any knowledge ■of this painful mental depression will need no further explanation, and those who best understand the intensity of suflering from this cause, to which the most sensitive and noble minds are chiefly subject, will be the last to cast reproach upon the memory of the unhappy victim. In this connection we may appropriately conclude by giving an extract from Dr. Jones's journal, kept while he was performing a journey to the North, in 1838. He was in New Orleans when he made the following entry in 'his journal, on hearing of Col. Grayson's death: ' I shall be surprised rt no one's committing suicide, after hearing of Col. Grayson's doing so. It is the first time in my life that any one in the circle of my acquaintance has done such an act, and it has shocked me more than the death of a dozen ■others would have done, in the usual course. I believe party abuse has "been the cause, acting upon some predisposition to morl)id melancholy. Collingsworth's drowning himself was a thing in course; I had expected it, as I knew him to be deranged, and when excited, almost mad. In all the annals of suicide, perhaps no parallel to these two cases can be found. Two years ago they were both in this house, and on their way to Washing- ton together, as Commissioners on the part of Texas, to procure recogni- tion, etc., and at the time of their death, both were candidates for°the highest office in the Republic, and both committed suicide about the same time, and at the distance of 2,000 miles from each other, both at the time holding high and responsible offices in the Republic of Texas. Grayson's death is a great national calamity. ' Further on in his journal he says his suspicions as to the cause of Col. Grayson's suicide were fully confirmed." JoKDAN, S. W.— Rendered efficient service as a captain in the Texas army, in 1836-38. At the organization of the expedition for the establishment oi the ''Republic of the Rio Grande," in 1839, Jordan was elected Colonel. A, the battle of Alcantra, he commanded the Americans, while Col. Zapata commanded the Mexicans. Zapata himself was a good soldier, and a good Republican, but most of the Mexicans abandoned the field and lef^ tlie Americans to bear the brunt of the battle. After this, Jordan thought Ca- nalis, their commander, was no match for his opponent. General Aris'ta, and he returned to Texas. A year later, such is the uncertainty in Mexican politics and politicians. Arista appeared in Yucatan, and " pronounced " 578 HISTORY OF TEXAS. against the Centralists. Jordan hastened to New Orleans, to enlist men for the new revolutionary leader. By some mishap, the vessel in vfhich he and his recruits expected to embark for Yucatan, sailed without them. This> ■with other disappointments, preyed upon his mind, and Avhile depressed in spirits he took an overdose of laudanum and terminated his life. Karnes, Henry — "Was a native of Tennessee ; early in life he attached himself to a company of trappers on the frontier of Arkansas. The com- jiany disbanded on the head of Red Kiver. Karnes and three companions crossed the country to the Trinity River, where, the Indians having stolen their horses, they constructed a canoe and descended the stream to Robbins' Ferry, From there Karnes crossed over to the Brazos, and for a consider- able time found employment as an overseer on the Groce plantation. He responded to the first call for volunteers at the breaking out of the revolu- tion in 1835, and distinguished himself at the taking of the city of San Antonio. He siezed a crowbar and dashed forward and dug a hole through a stone wall, into a house, for a new and advanced position. He proved one of the best cavalry scouts and spies, and commanded a company of cavalry at San Jacinto. After the battle he went west to Matamoras to ef- fect an exchange of prisoners, and was himself thrown into prison; he, however, soon effected his escape. In 1837, he was Indian Agent ; in 1838-9, in the Ranging service, and in the latter year received a severe wound in a single combat- with a chief. At one time he was taken prisoner, and the savages attempted to wash his red hair white. He died in San Antonio, in 1840, from the effects of the wound received the previous year. Captain Karnes was wholly uneducated. It is questionable if he knew hoAv to spell his own name, which in early documents is variously spelled; but he was inured to hardships; cool, reticent, watchful, and a stranger to the sensa- tion of fear ; one of a class of men to whom Texas owes a lasting debt of gratitude. Kaufman, David S.— A native of Pennsylvania; came to East Texas in 1837, and was the next year elected to Congress. He was aid to General Rusk in the Kickapoo fight, in 1839. In 1840, President Jones sent him as a diplomatic agent to AVashington, but as that government had already adopted the bill for annexation, he was not received in his official capacity. In 1846, he was selected to represent the Eastern District in the United States Congress, a position to which he was twice re-elected. He died in the city of Washington, on the last day of the year 1851, from the effects of a wound received some years previously, in Austin. Keen AN, Dr. C.G — Had been a surgeon in the United States army; came to Texas in the days of the Republic; was elected to the first Legislature of the State, and was Speaker of the House; died in Huntsville, in 1870. Kemper, Samuel — Was a native of Virginia, and an officer in the expedi- tion organized by Magec for the inva«;ion of Texas, in 1812. After the death of Magee, at Goliad, Kemper was elected to the command, and was BIOGRAPHICAL NOTICES. 579 the commander of the Americans at the battle of Rosillo. To him Salcedo surrendered, as he declined to hand his sword to his former friend, Giitier- res. After the massacre of the Mexican officers by Delgado, Kemper re- turned to his native State. We may add, that Kennedy is authority for the statement that Kemper returned to Texas just in time to participate in the disastrous battle of Medina, but we believe this a mistake. He lived and died in his native State. Kendall, George Wilkins — The founder, and for a long period, the ed- itor-in-chief of the New Or\ea,us,Picayune ; was, in 18-iO, connected, as an in- vited guest, with the Santa Fe expedition. Though a citizen of the United States, with a iiassport from the Mexican Consul at New Orleans, he, with the other members of the ill-fated party, was disarmed and treated as a pris- oner of war. After suffering untold hardships and indignities, be was finally, at the solicitation of the American Minister at Mexico, released. He wrote a history of the Santa Fe expedition, in two interesting volumes. After annexation, Mr. Kendall established a sheep-ranche in Western Texas, in the county that bears his name, where he died in 1867. Kerr, James — A native of Missouri ; came to Texas in 1H25, and was surveyor in De Witt's and DeLeon's colonies. He first settled in Gonzales, but that settlement having been broken up by the Indians, he settled on the Lavaca River, in Jackson county; was a member of the Convention at San Felipe, in 1833, and of the Executive Coimcil, in 1835. In January, 1836, he issued an address advising against a declaration of Texas indepen- dence, as he then thought it premature. When it was made, he entered heartily into the measure ; was elected to the Convention, in 1836, but could not leave his family in their exposed condition to attend its sessions. He died at his plantation, in 1850. Kinney, H. L. — A native of Pennsylvania; came to Western Texas in 1838; in 1846, was one of the founders of Corpus Christi; after annexation, served several times in the Legislature; in 1855, he attempted to get up a filibustering expedition to Central America. He contracted for 30,000,000 acres of land, for which he was to pay $500,000; the land was in the Mus- quito Territory. He became a candidate for Governor of Greytown, but failed to be elected. All his Central American schemes fell through, and his men went to Nicaragua and joined William Walker, who was then called '' The Grey-eyed Man of Destiny," though his star, too, went speedily into eclipse. Kinney returned to Texas, and was filling some minor office on the Rio Grande, when, in 1861, he became involved in the contests in Matamoras, between the Rohos and the Crinolinos. In one of tlieir petty fights, while attempting to pass through a breach in a wall, he was shot and instantly killed. KuYKENDALL, Abner — A sou-iu law of William Gates ; came with the Gates family to the Ri'azos, m 1821-2. He bronglit several head of cattle and a few hogs. In colomal times, he was a captain in several expeditious 580 HISTORY OF TEXAS. against the Indians. In 1834, he was killed in the town of San Felipe by a man by Ihe name of Clayton. Clayton was arrested, tried, convicted, and hung for the murder. This was probably the first regular legal execution in Texas. Labadie, Dr. N. D.-A surgeon of Anahuac, in 1832, and also in the battlo of San Jacinto. He was one of the first to engage in business in Galveston, where he opened a drug store. He died in that city in 18G9. L^FiTTE Jean— Who has been called the Pirate of the Gulf, was a Frenchman by birth, and a sailor by profession. In a duel in Charleston, South Carolina, about an affair of the heart, he killed his antagonist; after which he adopted the life of a buccaneer. In 1810, he took up ^^^^ headquar- ters at Barataria. In 1813, Governor Claiborne, of Louisiana, oflfered $500 reward for Lafitte"s head. The latter, not to be outdone in that species of generosity, oflfered $5,000 for the head of the Governor. Lafitte's cruisers were seriously interfering with the commerce of the Gulf, and on the 16th of June 1814, the establishment at Barataria was broken up by Commodore Patte'rson, of the United States navy. Lafitte declined a commission in the British navv, during the war with the Unite!, they named the " Lavaca." (Joutel calls it the River of Beeves. It may be remarked, that Joutel everywhere calls the buflalo beeves, and the deer wild-goats) . 586 HISTORY OF TEXAS. Joutel, with thirty men, remained at the fort, near Alligator Head, until July, when they joined their companions at Fort St.' Louis, (now Dimitt'& Point). During the summer, various parties were* sent to hunt for the Mississippi river. In one of these excursions, the " Belle " was sent across Matagorda bay,, and Avas lost somewhere near Dog Island. This left the little party with no means of leaving the coast. In January, 1G8G, La Salle left Joutel in chai'ge of the fort, and, with twenty companions, started to the eastward. He went as far as tiie Brazos river, which, as he had the misfortune to have one of his men devoured by an alligator, he called the " Maligne." He returned to the fort in March,. having lost five of his men ; but he had satisfied himself that he was entirely too far west for what Joutel calls the " fatal river." The subsequent events of his expedition have been reviewed in the early chapters of this volume. La Salle was one of the most distinguished of that class of adventurers that Europe, in the seventeenth century, sent to make explorations in the wilderness of the new world. He was a knight of spotless purity, of dauntless courage, and of unbounded self-reliance. His loyalty to his sovereign was of the nature of a religious sentiment; while his devotion to the Church would have stood the test of martyrdom. " For force of will and vast conceptions," says Bancroft, " for various knowledge and quick adaptation of his genius to untried circumstances, for a sublime magna, nimity that resigned itself to the will of Heaven and yet triumphed over aflliction by energy of purpose, and unfaltering hope, he had no superior among his countrymen. * * * After the beginning of the colonization of Upper Canada, he projected the discovery of the Mississippi, from the falls of St. Anthony to its mouth; and he will be remembered, through all time, as the tiither of colonization in the great central valley of the "West." Lathrop, J. T. K. — A Captain in the Texas Navy. In 1840 he was in command of the steamer Zavalla. Alter the loss of that vessel he entei'ed the merchant service, and took command of the steamship Neptune, run- ning between New Orleans and Texas. He died in Houston in 1844. Lester, John S. — Came to Texas in 1834; the next year he went on an Indian campaign with Colonel John H. Moore, and was in the Consulta- tion, as a representative from Bastrop; in 1837-38, he was in the Texas Congress, and was afterwards Chief Justice of Fayette county, in which he still lives. Lewis, Iua R. — A prominent citizen of Matagorda, who acted a conspic- uous part in the Revolution of 1S35-36. He died in 18G7, at the residence of his son-in-law, Major M. Austin Bryan, at Independence. Lewis, "William P. — The betrayer of the Santa Fe expedition, was a native of Philadelphia. Beibre he appeared in Texas he had been a mer- chants' clerk in Constantinople and various points on the Mediteranean sea, and in France, in IS.'Jo he was in the employment of AVilliam H. MaGoffin, then engaged in the Santa Fe trade. He started from Santa Fe to BIOGRAPHICAL NOTICES. 587 Texas in the" spring of 1836 ; nad four companions, Wallace, Rowland, Beaumont and Laws; on the way, in a figlit with the Indians, Laws wa& killed and Howland wounded ; (the latter was afterwards killed in the Santa Fe expedition) . Wallace died just after reaching Victoria, and Beau- mont was killed by the Indians in 1837. Lewis was a Captain in the expe- dition to Santa Fe; and as he was well acquainted there, and could speak the language, he was sent with the advanced party. He secured his own safety and a share of the goods taken out, by betraying his cnmpanionfi. His treason excited the disgust of the citizens of Santa Fe, and he left the Continent for the Sandwich [slands. Linn, John J. — A native of Ireland ; engaged in mercantile business in Victoria in 1831; in 1832 was Mayor of Victoria; in 1836 he was in the Executive Council at San Felipe, and in the Texas Congress in 1838. He still lives in Victoria, Lipscomb, Abnek S. — Was born in South Carolina in 1789; studied law in the office of John C. Calhoun, and commenced to practice in Alabama in 1810; in 1819 he was District Judge, and from 1823 to 1835, held the office of Chief Justice of Alabama; came to Texas in 1839, and was Secretary of State under Lamar ; was a member of the Annexation Convention in 1845, and was appointed one of the Associate Justices of the Supreme Court at the organization of the State government, and held this office until his death in 1856. Lubbock, Frank R. — Was born in South Carolina; came to Texas and commenced a mercantile business in Houston in 1836; in 1837 he was a clerk in the Texas Congress; in 1838 he was Comptroller of the Treasury; from 1841 to 1857, he was District Clerk of'Harris county ; in 1858, Lieu- tenant-Governor ; in 1860, a delegate to the Charleston Convention; in 1861, Governor of Texas; in 1864 he was on the staff of President Davis, as volunteer aid; since the war he has resided in Galveston; in 1878, was elected to the office of State Treasurer. Lubbock, Thomas S. — Brother of the above; came to Texas with the New Orleans Greys in 1835 ; in 1840 he was a Lieutenant in the Santa Fe expedition, and while a prisoner made his escape by leaping from the bal- cony of the Convent of Santiago ; he was a Captain in the Somervell campaign in 1842 ; in 1861 he went into the Confederate army as Lieutenant- Colonel of the Terry Rangers. At the death of Colonel Terry, he wms elected Colonel (>f the regiment; but he was then in feeble health, and dieu at Nashville, Tennessee, in January, 1862. Manchaca, Antonio. — A native of San Antonio, born in A. D. 1800; was Sergeant in Seguin's company, in the battle of San Jacinto ; in 1838 sent to Nacogdoches to pacify Cordova, and other dissatisfied Mexicansua East Texas. Mr. Manchaca still (1878) lives in his native city. 588 HISTORY OF TEXAS. Margil, Father. — A zealous Franciscan Missionai'y, who visited Texas from Mexico in 1718. " He found thousands of people scattered up and down the valley of the San Antonio river, for twelve or fifteen miles, and soon saw that it was a suitable position to establish churches." Through his influence the Government of New Spain undertook the grand enterprise of establishing " missions " in Texas. He died in the City of Mexico, in August, 1726. Martin, Wtlie. — "Was born in Georgia, in 1776. In early life he taught school, was clerk in a store and a soldier. In 1805, became connected with Aaron Burr; in 1812 a scout under General Harrison in the army of the Northwest; 1814, with Jackson at the battle of the Horse Shoe; was pro. moted for gallantry ; subsequently, fought a duel in which his antagonist was killed ; resigned his Captain's commission, and, in 1825, immigrated to Texas. He was soon appointed an Alcade in Austin's colony, and became acting political chief of the Department. At the breaking out of the Revolution, he opposed the Declaration of Independence, as premature; but I'aised a comjiany, and joined Houston's army at Columbus. Mai-tin"s company was sent to Fort Bend, to guard the crossing of the river; but had too few men to guard both ferries, and while the enemy engaged his company at the upper ferry, some of the Mexicans crossed at the lower crossing, where Richmond now stands. He was chagrined that so small a force had been sent to so important a place, and when he reached General Houston's headquarters, east of the Brazos, he gave up the command of his company, and was sent by the General to assist families in crossing the Trinity and escaping from the country. Captain Martin died in Fort Bend county, in 1842. He was at the time of his death a member of the Texas Congi'ess. Maverick, Samuel A. — Became a citizen of San Antonio in 1835; was a member of the Convention in 1836 ; after annexation served several terms in the Legislature ; and at the secession of the State, was appointed one of the Commissioners to receive the public property turned over by General Twiggs. Mr. Maverick was the owner of an immense stock of cattle, and his stockmen claimed all the unbranded yearlings in the rajige. From this circumstance, unbranded j'earlings are commonly called " Mavericks." He died in San Antonio, in 1870. M'CuLLoCH, Bex.tamin. — A native of Tennessee ; came to Texas to par- ticipate in the Revolutionary struggles; enlisted as a private, but was ordered to the command of one of the cannon in the battle of San Jacinto; in 1840, represented Gonzales county in Congress, and was most of the time on the frontier, as Captain of a ranging company. He was a Quartermaster during the Mexican War; in 1853, United States Marshal of Texas ; in 1855, sent by President Buchanan to settle a difficulty among the Mormons in Utah. At the breaking out of the Civil War, a few hundred men rallied to M'Culloch, to assist, if necessary, in capturing the Government stores in the neighborhood of San Antonio. He was appointed a Brigadier General iu BIOGRAPHICAL NOTICES. 589 the Confederate ranks, and ordered to Arkansas; fougnt bravely in the battle of Wilson's creek, where the Federal General Lyon was killed. General M'Culloch was killed in the second day's fight at Pea Ridge, Arkansas, March 24, 1862. His remains were brought to Austin for interment. M'Henry, John.— Was a pilot in Long's expedition to Goliad, in 1819, and with the other members of that unfortunate expedition, was sent a prisoner to Mexico. In 1837 he was Chief Justice of Victoria county, in which he died in 1878. Mrs. Long is still living. M'Farland, Thomas S.— Was aid to Major Bullock in the fight with Piedras, at Nacogdoches, in 1832. In 1833, he laid ofl[ the town of San Augustine ; in 1836, in the army under Rusk ; in 1842, in the Texas Con- gress ; afterward served several terms as Chief Justice of San Augustine county ; lives at Bleakwood. M'KiNNEY, Collin.— Was one of the earhest settlers in Bowie County; was in the Convention of 1836, and served several terms in the Texas Congress. Died in 1861, aged 85 years. M'KiNNEY, Thomas F.— A merchant formerly engaged in the St. Louis and Santa Fe trade. During the revolutionary period, he was an agent of the Provisional Government ; bought the first vessels for the Texas°navy; and the firm of M'Kinney & Williams transacted nearly all the financial business of the new government. The same firm built one of the first wharves on Galveston Island. After annexation, Mr. M'Kinney removed to Travis county, which he at one time represented in tlie Legislature. He died at home on Onion creek, in 1873. M'Leod, Hugh.— a graduate of West Point; became identified with Texas during the Revolution ; was aid to General Rusk, in his fight with the Kickapoos, in 1838, and in the fights with the Cherokees, in 1839. In 1840, he was commander of the Santa Fe expedition. In 1844, settled in Galveston, and after annexation represented that city in the Legislature. In 1861, entered the Confederate army, as Colonel of the First°cgiment of Texas infantry, in the army of Virginia; died at Dumfries, Virginia, in 1861. His remains were transferred to Austin for burial. Menifee, William. — Was one of a large company of Manifees, Heards, Whites, Devers, Sutherlands, etc., that immigrated from North Alabama to Texas in 1830. He was a member of the Convention in 1836 ; and of the First and Second Congresses ; the first Chief Justice of Colorado county, and one of the commissioners to locate the new capital. It was largely through his influence that Austin was chosen. lie first settled on the Navidad, in Jackson county ; removed thence to Egypt, on the Colorado, anrl. after annexation, to F.iy.'ito conntv ; anl represented that county in the Legislature in Iboo; died October 2«ih, 1875. 590 ^ HISTORY OF TEXAS. Mexia, JtJAN Antonio. — First appeared in Texas in 1832. He had been sent by Santa Anna in charge of a naval force for the capture of Matamoras. Having accomplished that, he received Stephen F. Austin, just returning from a session of the Legislature at Saltillo, on his ship, and ran up the et, but was appointed to the command of the troops in the Southwest. Such was Houston's unbounded confidence in Colonel Owen, that he authorized him, at his discretion, to proclaim martial law at Corpus Christi, for the more effectual suppression of thieving and robbing; but he succeeded in resioiiiig order without resorting to that extreme measure. He was an original Union man, but after the secession of the State, Captain Owen raised a company for the Second Texas Infantry, and was killed at the battle of Shiloh. Padilla, JUAN Antonio.— Was for a short time Land Commissioner in East Texas, in 1829. The next year, in conjunction with Judge Chambers, he obtained an Empresario contract; in 1834-36 he was Secretary of State of Coahuila, Texas ; was elected to represent Victoria county in the Con- vention of 1836, but, owing to the unsettled state of the West, did not attend. He paid a visit to the city of Houston in 1839, and died while at that place. Parker, Isaac— A venerable member of a historic family ; has repre- sented his district, both in the Congress of the Republic and in the State Legislature. He lives, at the advanced age of 86, near Weatherford in the county that beai's his name. Parmer, Martin.— Whose name is to the Taxas Declaration of Independ- ence, was a native of Virginia; moved in early life to Missouri ; was Indian Agent ; served in the Convention that formed the Constitution of that State and also in the Legislature; settled at MouTid Prairie, Texas, about the year 1825 ; was one of the leaders in-the Fredonian emeute, in 1826-7 ; and died soon after the Revolution. Patrick, George M.— Came to Texas, by sea, in 1827. Thomas Jamison, late of Matagorda, and John IT. Moore were on the same vessel returning to the country, having been absent on a visit. Mr. Patrick knew something of the management of a ship, and when a storm arose and drove their vessel to sea, after reaching the coast, the Captain being drunk— he took the control and brought the vessel into Galveston. In 1832, Mr. P., was Regidor (Recorder) at Anahuac; in 1835, he was in the General Consulta- tion; in 1836, with President Burnet, first at Morgan's Point, tlicn at 598 HISTORY OF TEXAS. Galveston, where, for a time he had command of the schooner Flash. In 1837, he was Surveyor of Harris county ; subsequently, for many yekrs, he was Cliief Justice of Grimes county, in which he still lives (1878) . Pease, Elisha M. — A native of Connecticut; born in 1812 and a lawyer by profession. He came to Texas in 1835, and was appointed Secretary of the Executive Council at San Felipe; in 1836 he was Clerk, first in the 2s uvy, then in the Treasury Department, under the Provisional Government. In 1S37 he was Comptroller of Public Accounts. He held this office but a short time. When he resigned it, he entered upon the practice of his profes- sion in Brazoria county. He was a member of the House of Representa- tives of the First and Second Legislatures, and Chairman of the Judiciary Committee. He was trasferred to the Senate of the Third Legislature. He was elected Governor in 1853 and re-elected in 1855. This was a period of unparalleled prosperity. At the close of his official term he took up his residence in Austin. On the removal of Governor Throckmorton, in 1867, Pease was appointed Governor by General Sheridan. This office he resigned the next year. In 1874, without his knowledge, he was appointed Collector of Customs for Galveston, an office he declined to accept. Was reappoined Collector at Galveston in 1879, and took charge of the Custom House Feb.l. Peebles, Dr. E. P. — Came from South Carolina to Texas in 1829, and was appointed Land Commissioner for Austin fhid Williams' colony. In 1851 he represented Austin county in the Legislature; lives in Waller county. Perky, Henry. — Was the commander of the Americans in the battle of Alasan, near San Antonio, in 1813. He is also generally reported as having been in the battle of Medina, a few week later ; though another account states that Perry, having been warned by a Mexican girl that Musquis and other Mexicans, in the Republican ranks, had made arrangements to desert to the Royalists, left the city before that disastrous battle. In 1815, he was in Louisiana attempting to get up a filibustering expedition to Texas, but was thwarted by the vigilance of the United States Marshals. In 1816 he joined Commodore Aury at Galveston, and accompanied Aury and Mina to Soto la Marina. After the departure of Aury with the ships. Perry thought their foi-ce too weak to maintain themselves in the heart of Mexico, and he, with fifty-one followers, started for Texas. The party reached Goliad in safety, and might have passed on to the interior of the country, but they summoned the small garrison in the old fort to surrender. While parleying before the walls, a body of two hundred cavalry sent by iirredondo for the capture of Perry arrived. A desperate fight ensued* The Spanish account of the battle is, that after all Perry's men were slain in battle, the brave commander, rather than sun-ender, killed himself. This is possible, but it has been conjectured that a part, at least, of Perry's men surrendered, and shared the fate of the unfortunate Fannin and hia com- mand at the same place, twenty-five years later. BIOGRAPHICAL NOTICES. 599 Perry, James F. — A brother-in-law of Stephen F. Austin (having mar- ried Mrs. Bryan, Mr. Austin's sister, in Missouri) ; came to Texas in 1831, and settled in Brazoria county, at Peach Point. From this time forward this was General Austin's home. Mr. Perry died in 1852 ; his wife havino- died the previous year PiLLSBURT, Timothy. — Came to Texas from Maine. In 1840, he repre- sented Brazoria county in the Texas Congress ; and was soon afterwai-d elected Chief Justice of the county. He was the first to represent West Texas in the Congress of the United States, after annexation. At the end of his second term, he retired to private life. He died near Henderson, in 1858. Potter, Egbert— Was Secretary of the Navy during the government ad interim, and subsequently represented the Red River District in the Texas Congress. He was killed at his home, near Lake Soda, in 1840. Powers, James— An Irishman, by birth; m 1828, engaged with Dr. Hew- itson in a colonization contract ; was a member of the Convention of 1836 ; was captured by raiders at his home, at Live Oak Point, but was immedi- ately released by order of Santa Anna. Putnam, Mitchell— A p/ivate in Captain Hurd's company, at San Ja- cinto. In 1838, he settled near Gonzales, and the same year the Comanches carried ofi" four of his children. In March, 1840, when the Comanches came into San Antonio to make a treaty, they brought in one of Mr. Mitchell's children. After the fight in the Council House, another was surrendered. One died soon afler being carried ofi". An interesting little girl was still missing, and for twenty-six years her father and family were ignorant of her fate. In 1865, Judge John Chenault, who had been an Indian Agent in Missouri, immigrated to Texas and settled in Gonzales. There was a woman, an inmate of Judge C.'s family, then thirty j^ears old, whom he had ran- somed when a little girl from the savages. The child was too young when carried off to remember anything of her parentage, or even her name. Something in her appearance induced Mr. Putnam to suspect this was his long-lost daughter. There was on her person a peculiar flesh-mark, well remembered by her parents. This indelible mark estabhshed her identity. Though much attached to her foster-father, she was greatly delighted to find her real father and to dwell with her kinsmen. Rains, Emory — A native of Tennessee; settled in Texas, in 1816, in La- mar county; in 1836, represented Shelby county in the Texas Congress ; filled many oflSccs of trust, and died at a good old age, in the county that bears his name, in 1878. Reagan, John H.— Came to Texas in 1840 from Tennessee, and engaged in surveying; in 1846, he was Probate Judge in Anderson county; 1847, in the Legislature ; from 1852 to 1857 he filled the oflice of District Judge. 600 HISTORY OF TEXAS. During the latter year he was elected to Congress, and re-elected in 1859. * At the breaking out of the civil war he resigned his seat in Congress, and at the organization ot the Confederate government, was invited into Presi- dent Davis' Cabinet as Postmaster-General. At the fall of Richmond, Mr. Reagan left the cityin company with President Davis, and they were still in company when they were captured by the Federal soldiers. While Mr. Davis was sent to Fortress Monroe, Mr. Reagan was sent to Fort "Warren, Boston harbor. On being released, he returned to his old home in Pales- tine, and resumed the practice of his profession. In 1873, his political dis- abilities were removed, and the next year he was elected to Congress, and also to the Constitutional Convention of the State. He was re-elected to Congress. in 1876, and also in 1878. Riley, James — Represented Harris county in Congress in 1840, and wag- soon afterward sent as Minister to the United States ; in 1846, he commanded a Texas I'egiment in the ^lexican.war ; in 1856, was United States Minister to- St. Petersburg, Russia; iu 1861-2, a colonel in the Arizona Brigade, but most of the time in Mexico on diplomatic service. Returning from that ex- pedition, he was assigned to duty in Louisiana, and killed in the battle of Franklin, April 13, 1863. Mrs. Riley died in Jeflerson, Texas, iu January,. 1877. Roberts, Oran M. — Is a native of South Carolina ; born in 1815. He^ was educated at» the University of Alabama; studied law, and entered upon the practice of his profession in 1838. After serving one term in the Legislature of Alabama, he immigrated to Texas in 1841, located at Sail Augustine, and cemmenced the practice of his profession. He was District Attorney in 1844; the next year District Judge. After annexation, he re- sumed the practice of his profession and continued it until 1857, when he was elected one of the Associate Justices of the Supreme Court. He was a member of the Secession Convention in 1861, and was the President of that body. In 1862, he raised a regiment for service in the Confederate army, and was assigned to duty in the division of General Walker. While in the army, he was elected Chief Justice of the State. He was in the first Reconstruction Convention, in 1866, and was chairman of the Committee on the Judiciaiy. The ensuing Legislature elected him and the late Judge Burnet to the United States Senate ; but they were not permitted to take their seats, as Congress set aside the reconstruction administration of Presi- dent Johnson. He resumed the practice of his jjrofession, and, in conjunc- tion, taught, in 1868, a law school in Gilmer. In 1874, when the Supi'cme Court was re-organized under Governor Coke, Justice Roberts was returned to his place as Chief Justice of the Si;i,i>, and under the new Constitution! was re-elected iu 1876. Inaugurated Governor January 21, 1879. Roberts, S-^muel A. — A native of Georgia, educated at West Point; resigned his commission and studied law at Mobile, Alabama. In 1838, he came to Texas, and was soon afterwards sent as Minister to the United States; iu 1840 he was Secreury of State in Lamar's cabinet. After annex- BIOGRAPHICAL NOTICES. 601 ation he settled in Bonham, and engaged in the practice of his profession. Daring the civil war he had a military commission under the Confederate Government. He died in Bonham, in 1872. KOBERTSON, Jerome B. — Jerome B. Robertson is by birth a Kentuckian. Before he attained his majority, the attention of the people of the United States was tixed upon the struggle then existing between the Texas colo- nists and the mihtary despotism then ruling Mexico. The colonists wern weak in numbers and resources, while their enemies were strong and vin- dictive. The colonists were widely scattered over a new country, strug- gling to maintain constitutional and religious liberty against absolute despotism and the exertions of the centralists. Hence, the fluctua- tions of tlfat struggle excited the public mind of the United States far more than this generation can understand. The subject of this sketch has always been prompt to coin his convictions into deeds, and from his early youth was characterized by fine social qualities, and an acfjve zeal in promoting public enterprises. These qualities, joined to an ardent love of liberty, and a sympathy for the weak, which could not be restrained, stimulated young Robertson to actively espouse the cause of Texas ; and in the begin- ning of the year 1836, he openly declared his intention to embark in the cause of Texan independence. With eighty-six other brave men, he formed a company at Owensboro, Daviess county, Kentucky, who promptly mani- fested their appreciation of his capacity by electing him their Captain upon their arrival in Texas. The trip down the river to New Orleans was a continuous ovation, but the real hardships of the new life began at that point. A delay of several weeks was here met by the failure of the agents of Texas to procure transportation ; and an unusually long voyage of nine- teen days across the Gulf, from the mouth of the Mississippi to Velasco, Texas, followed by weary marches and the tedious though necessary res- traints of camp life, were alone sufficient to severely test the soldierly quali- ties of the men. Texas was without money to pay her defenders, and with- out stores with which to feed and clothe them ; yet did not her soldiers falter, but pushed onward until victory crowned their noble efforts. With the cessation of hostilities and the achievment of independence, the restoration of social order demanded the best efforts of Texans. The work was begun and carried out with ai\ energy and breadth of wisdom which has not been improved upon in later days. The provisions made by Texas for public education, were among the first acts of the young Republic, and were munificent, and then far in advance of the times. Upon his discharge ■ from the army. Captain Robertson settled in the town of Washington, Washington county, at the close of the year 1837, and commenced the prac- tice of medicine, which he had studied in Kentucky; and continued the practice of that profession, when not in public service, until 1874. During that period, he filled many minor civil offices, and participated in most of the campaigns against the Mexicans and Indians during the existence of the Republic, including the Somervell campaign of 1843. He was a mem- ber of the Lower House of the State Legislature in 1847-49, and served two terms in the State Senate. He was a member of the Secession Couven- 602 HISTORY OF TEXAS. tiou in 1861. His previous services for Texas did not prompt him to remain in peaceful ease when Texas bade her sons to go forth to battle again, but he promptly volunteered, and was elected Captain of a company formed at Independence. The company was ordered to Richmond, Virginia, in the fall of 1861, and became a part of the Fifth Texas regiment, of which Captain Robertson was made Lieutenant-Colonel. After the battle of Seven Pines, he was promoted to the Colonelcy, and with his regiment participated in the glories and hardships of the Army of Northern Virginia. Upon the promotion of General J. B. Hood to the rank of Major-General, Colonel Robertson was advanced to the position of Brigadier-General, and commanded Hood's old brigade. After the close of the war came the trying process of Reconstruction. General Robertson had endured too much for Texas, to despair of better times, even in that dark hour ; and his age, character, and public sei'vices, gave him great power to influence the more intemperate spirits in his dis. tracted State. He counselled, always, forbearance and peaceful methods, but never ceased to labor and to hope for Texas. He was made Superin- tendent of the State Bureau of Immigration, in 1874, and his able and energetic administration of that important office received the universal commendation of the press and people. He is now laboring to advance the railroad interests of Western Texas, as the means of developing the vast wealth of that hitherto comparatively unknown section of the Empire State of Texas. From any cause he thought good, he never withheld his voice, his purse, or his hand. He never took counsel of selfishness, nor sought an unworthy end. Robertson, Sterling C. — An Empresario, who, next to Austin, intro- duced the largest number of families into Texas. He visited the country as early as 1823. Mr. Letlwich, after securing a contract and introducing a few families, went back to Tennessee and died, and his contract fell into the possession of the Nashville Company, of which Mr. Robertson was an active manager. In 1830, Mr. Robertson, in conjunction with Mr. Alexan- der Thompson, introduced a number of families, about the time of Busta- mente's decree interdicting all immigration from the United States. The immigrants, finding obstacles in the way of settling the Robertson colonj', stopped, for a time, in the colony of Austin. The Mexicans appear to have had a special spite at Mr. Robertson ; and a decree of the Legislature annulled the contract, and banished him from the province. At the same time, a contract for settling the same territory was given to Austin and Williams. Robertson visited Saltillo, and on his representation of his preparations to introduce colonists, his contract was renewed in Decree No. 285, issued April 29th, 1834. The fickle Legislature, on the 18th of May, 1835, in Decree No. 317, declared that the former decree in favor of Sterling C. Robertson, foreigner, was null and void, and the Governor was directed to return the contract to Austin and Williams. As the I'evo- lution was then in progress, this last decree did not seriously injure the Robertson colony. Mr. Robertson was a member of the Convention in MONUMENT ERECTED THE HEROES OF THE ALAMO, AND NOW STANDING AT THE ENTRANCE TO THE STATE HOUSE AT AUSTIN, TEXAS. iNSCRiPTfOx ON THE Shaft-North Front.— To thft God Of the fearless and free is (iedi- caied this altar made from the ruins of the Alamo. March Gth, 1836, A. D. iNscRirrroN o.v the West Front. - Blood of Heroes hath stained me; let the stones of the Alamo speak that their immolation be not forgotten. March liih lS.StJ, A. 1). iNSCRirriON ON the South Front.— Ba they enrolled with Leonidas in the host of the mighty dead. March 6th, 1836 A. D. Inscription on the East Front.— Thermopylie had her messenger of defeat, but the Alamo had none. March Gth, 1836, A. D. BIOGRAPHICAL NOTICES. 605 1836, aud raised a company for service in the San Jacinto campaign. He died in the county which bears his name, March 4th, 1842. Robinson, James W. — A native of Ohio, and a lawyer by profession. He was a member of the Consultation in 1835, from Nacogdoches. At the organization of the Provisional Government, he was elected Lieutenant- Governor, and when the Executive Council deposed Governor Smith, he became Governor ; but Smith never surrendered the insignia of his ojfficc. (That insignia was a brass button on his coat, which happened to be a star, and for want of a seal, was used to make the impression upon public documents dispatched to the United States. That brass button gave birth to the single star, the emblem of the new Republic) . Mr. Robinson fought as a private at the battle of San Jacinto. At the organization of a Consti- tutional Government, he was appointed District Judge. He resigned his ofBce rather than to preside at the trial of a personal friend, charged with a capital offence. He was in San Antonio in September, 1842, when so many of the members of the court were taken prisoners by Woll. From his prison in Mexico he addressed a letter to Santa Anna, who had been restored to power. In that letter he suggested a basis for an agreement between Texas and Mexico. Robinson probably did this to secure his liberty. Santa Anna released him, and sent him with letters to Mr. Hous- ton. The negotiation thus begun, finally resuHted in the establishment of an armistice between the two countries. In 1849, Judge Robinson removed with his family to California. Not liking the country, he started back to Texas, and died at San Diego, in 1853. A number of anecdotes are current among the legal fratei'uity, of which Robinson was the occasion. It is told that on one occasion, when holding court in Houston, a man had been convicted of a crime for which the pen- alty was thirty-nine lashes. A motion was duly made and entered for a new trial, which the Judge promised to attend to the next morning. In the meantime, he directed the sherifi to whip the culprit and turn him loose. At the opening of the court in the morning, the Judge listened very patiently to the arguments for a new trial. The attorney, seeing an unac- countable merriment in the court-i'oom, inquired the cause ; when the Judge, in the blandest possible manner, informed the gentleman that his client had already received his punishment and been discharged. On another occasion, he perpetrated a grim joke at the expense of a still greater criminal. He was holding court in a town on the western frontier. A man had been clearly convicted of a willful murder. The Judge i)ro- pronounced the death penalty, the sentence to be carried into execution the next day. But he then remarked to the sheriff that the jail was very uncomfortable and he had better execute him that night; Tlie truth was, the criminal had a large number of friends, and the Judge knew full well that he would be rescued during the night. Robinson, John C. — Came with his family to Texas in 1831 — landing at the mouth of the Brazos. At New Orleans he hud his negroes passed through the custom-house, so that if he found it necessary he could return 606 HISTORY OF TEXAS. with them to tlie United States. They were also indentured as PeonSy according to the Mexican laws. ;Mr. Ilobinson was in the battle ofVelasco, in 1832; in 1833, settled on his headright league on the west side of Cum- mings creek, in Fayette county; was a member of the first session of the first Congress. It was m;ule the duty of the members of Congress to administer the oath of office to the newly-appointed Magistrates. On the 2Gth of November, 1836, he and his brother rode over to the house of Mr. Stevens, on Clear creek, to administer the oath of ofiice to ]\lr. Stevens. As the two brothers were returning, they were met by a party of Indians and both killed. Later in the day, the same Indians killed the Gotier family, still higher upon the headwaters of Rabb's creek. KoBiNSON, Joel "W. — Son of the above; was in the Velasco fight in 1832^ and also in the battle of San Jacinto. It was Mr. Robinson's good fortune to be with the party that captured Santa Anna, and the fallen chief I'ode into the Texan camp behind Robinson, both on one horse. The prisoner, of whose identity they were then ignorant, complained that his feet were sore, and he was thus permitted to ride. Joel Robinson has frequently represented his county in the State Legislature, and was a member of the Constitutional Convention in 1875. He lives on his father's headright league ; the one he first settled and the one upon which he was killed. Roman, Richard. — A native of Kentucky ; a soldier in the Black-Hawk war in 1832, and a Captain in the battle of San Jacinto ; in 1839, represented Victoria county in Congress of the Republic ; in 1849, emigrated to Califor- nia and served two terms as Treasurer of the State. He was subsequently appointed Aiipraiser of Merchandise in San Francisco. He died in that city in 1876. He was blind during the last years of his life. P.oss, — .A native of Virginia; was a Captain in the expedition of Magee in 1812, and Goliad in 1813. After the death of Magec, when Kem- per was elected commander, Ross was selected as Major. After the cruel murder of the Spanish ofiiccrs at San Antonio, he abandoned the enterprise and returned to his native State. After the triumph of the Republican cause in Mexico, he visited that country in hopes of receiving some remu- neration lor his services. While traveling toward the city of Mexico, he was murdered by robbers. Ross, Reuben. — An Aid to Felix Huston in 1837 ; was with Jordan in the Army of the Republic of»the Rio Grande, in 1839; returned to Texas and was killed in a personal rencontre at Gonzales, at a Christmas party in 1839. RoYALL, R. R. — One of the first settlers at Matagorda ; repx'esented that precinct in the Convention of 1833 ; was chairman of the Central Committee which, at San Felipe, exercised a general supervision of public affairs before the meeting of the Consultation in 1835. He was also a member of that Consultation. He died in Matagorda, in 1840. BIOGRAPHICAL NOTICES 607 EuNNELS, Hiram G.— Ex-Governor of Mississippi; came to Texas in 1840, and opened a plantation on the Brazos river; was a member of tlie Annexation Convention in 1845 ; died in 1857. Runnels, Hardin R.— Came from Mississippi to Texas in 1841, and opened a cotton plantation on Red river; represented Bowie county eight years in the Legislature; was Speaker of the House in 1853-55; in 1855 was elected Governor; died at his home in Bowie county in 1873, Rusk, Thomas Jefferson.— The soldier, jurist, and statesman, was of Irish descent, and born in Pendleton district, South Carolina, December 5th, 1803. While yet a boy, bright and precocious, young Rusk attracted the favorable notice of the celebrated John C. Calhoun. Mr. Calhoun greatly assisted him in securing an education, and also in acquiring his pro- fession. Soon after procuring his license as a lawyer, young Rusk removed to the State of Georgia, where he soon obtained a lucrative practice. In an unfortunate mining speculation, lie lost nearly all his earnings. Dishon- est agents seized the funds and fled to the West. Rusk followed some of them to Texas, but failed to recover his lost money. This was in 1834. He was so delighted with the country that he determined to make Texas his future home, and located at Nacogdoches, He at once took an active part in public affairs, and the same year, as secretary of a vigilance committee, wrote an earnest protest againt the further introduction of Indians from the United States, -In 1836 the Executive Council elected him Commissary of the Army. He was in the Convention of 1836, and his name is signed to the Declaration of Texan Independence. At the organization of the gov- ernment ad interim, he entered Burnet's Cabinet as Secretary of War. By the direction of the Bresident, he joined the army on the Brazos river, and was the confidential friend and adviser of Houston. Arriving at Harris- burg, he made a most patriotic address to the men, assuring them that they would soon have an opportunity to avenge the butcheries of San Antonio and Goliad. He performed a most gallant part in the ever-memorable battle of the 21st of April. It was to him that Colonel Almonte surrender- ed. After all resistance had ceased. Rusk exerted himself to arrest the killing of the fugitives. When General Houston resigned, to go to New Orieans for surgical aid. Rusk was appointed Commander-in-Chief; and followed the retreating army of Filisola as far west as Goliad, where he had the remains of the men massacred with Fannin carefully collected and hon- orably interred. In tiie fail of 1836, at the organization of the Constitutional govermnent, . Rusk was appointed Secretary of War; but he soon resigned to attend to his private business, which had been very much neglected during the stir- ring revolutionary times. The people would not permit him long to remain in private life, and in 1837 he was sent to the Texas Congress. A band of Kickapoos having become very troublesome, he collected a company of hi* neighbors and severely chastised thcni. Rusk was always ready to draw his sword to repel invasion, or to protect the frontier from the savalantations. The soil is prolific, except on the eastern side of the county, through which run the cross-timbers. Timber is fine, consisting of post-oak, ash, pecan, walnut, hackberry and elm, the best building timber being post-oak. Red river forms the northern boundary of the county. Ehn Fork of the Trinity heads in the county, within a few miles of Red river, and riujs south through the centre of the county. Upou this stream is situated the town of Gainsville. Clear creek and Jordan creek run through the county, the former on the westex'u and the latter on the eastern side. These are fine streams, and their bottoms are both rich and well timbered. 34. Coryell. — Created in 1854; named for James Coryell, (who was killed by Indians) . Gatesville is the county-seat. Bounded north-east by Bosque and M'Lennan, south-east by Bell, south-west by Lampasas, and north-west by Hamilton. It is "watered by the Leon and its tributaries; surface rolling ; one-third timber; soil in the valleys rich. Population in 1870,4.124; assessed value of property in 1876, $1,343,675. Fine grazing county. 35. Dallas — Lies in the heart of the wheat section of Texas ; was orig- inally in Peters' colony, bounded north by Denton and Collin, east by Rock- wall and Kaufman, south by Ellis and west by Tarrant. The first point occupied by whites in the county was Bird's Fort, about fifteen miles above the present town of Dallas. In 1843, Neely Bryan, Mr. Beeman and others settled the new town, which, in 1846, became county seat. It is on the Central Railroad, 250 miles north of Houston, and on the Texas Pacific Railroad, 189 miles west of Shreveport. It is also the southern terminus of COUNTY SKETCHES. 657 the Dallas and Wichita Railroad, iio-^ in progress of construction. In 1872, "before railroads had reached Dallas, it had a population of about fifteen hundred. It noiv has as many thousand. It has a number of flouring- mills, two cotton compresses, street railroads. It is lighted with gas, and is well supplied with schools and "churches. Population of the county in 1870, 13,314: ; assessed value of property in 187G, $8,065,525. The land is black, sticky i^raii-ie, liberally interspersed with timber, in sufficient quantities for all agricultural and manufacturing purposes. The soil is exceedingly fer- tile, and when well cultivated most abundantly rewards the husbandman for his labor. Dallas is im-reasiug in population more rapidly than any town in Northern Texas. Lancaster is a flourishing village, situated fifteen miles south of Dallas, and contains about five hundred inhabitants. Cedar Hill, Scyene, and Breckenridge are small villages, situated in the midst of an industrious and energetic population. T!ie people are industrious, moral, and religious, and take great interest in the establishment of good schools. The principal products of the county ai'e wheat, corn, oats, rye, and barley, each of which is raised in large quantities, and the yield per acre equals that of any section in the Union. At Lancaster there is a foundry, where all the castings required to repair mills, reapers, and thi-eshers are made promptly and on reasonable terms. At Dallas, Cedar Hill, and Lancaster are machine-shops, where reapers and threshers, and all other agricultural implements, are manufactured. 36. Delta — A small county, created in 1871. It is between the forks of the Sulphur river, and derives its name from its shape. Bounded north by Lamar,, southeast by Hopkins, and west by Fannin and Hunt. Cooper is the county seat. It is a fine agricultural and fruit-growing county. As- sessed value of property in 1876, $565,484. 37. Denton — Created from Fannin in 1846. Named for John B, Denton, who was killed by the Indians, on Denton creek, in 1843. Bounded north by Cooke, east by Collin, south by Dallas and Tarrant, and west by Wise. It produces in profusion all the cereals, cotton, fruits, &c. The county was settled in 1843-4 by Messrs. Medlin, Higgius, Holford, Wagoner, King, Eads, Miller, Gibson, Strickland, Carter, and others. Population in 1870, 7,251. Watered by the Elm fork of the Trinity, Clear, Duck, Hickory, Denton, and other creeks. There is a great variety and ali qualities of soil ; in a portion of the county, the black, waxy, which is from two to six feet deep prevailing, while in the Cross Timbers section the soil is sandy and of various qualities, the best being a black sandy loam from one-half to two or three feet deep, the foundation being clay. The prairies west of the Cross Timbers have also a variety of soil, some being rich, black and waxy, with an undulating surface, while in other portions the soil is thin and rocky, the surface being broken and hilly. In the middle and western portions of the county, as fine lands as there are in the State are found in the creek valleys, ^ portion being prairie. A good county for fruits, and for stock-raising. 88. DeWitt— -Named for Green DeWitt, who, in 1825, obtained an em- 658 HISTORY OF TEXAS, presario grant to plant a colony on the Guadalupe river , created from Gon- zales and Victoria in 1846. Clinton was county seat until 1877 In 1873, the Gulf, West Texas and Pacific Railroad reached Cuero, and m 1877 that became the county seat. Bounded north by Gonzales, east by Lavaca, south by Victoria and Goliad, and west by Karnes. Cuero is seventy miles from Indianola It is a fine agricultural and stock-raising county; well watered, and has immense bodies of rich lands. Population in 1870, 6,948, assessed value of property in 1876, $1,987,996. The Guadalupe river runs through the center of the county, and into it flows a number of smaller streams. The surface is undulating, and covered with a small growth of oak, elm and mulberry. The soil is sandy loam on the high laud8, and still richer in the bottoms, there being no poor land in the whole county, except along the post oak ridges. Health is good. 39. Duval — Bounded north by McMullen, east by Nueces, south by Starr, and west bvEnignal. Named for the Duval family; organized in 1S75. It is one of the stock-raising counties. San Diego is the county seat. 40. Eastland — Named for W. M. Eastland, one of the Mier prisoners, shot at Salado by order of Santa Anna. Created in 1858; Eastland the county seat. Bounded north by Stephens, east by Erath, south by Comanche, and west by Callahan. It is a new county in the stock-raising region, and is but sparsely populated. In 1876 the assessed value of property was $23,420. Eastland county is on the dividing i-idge between the waters of the Leon and those of Hubbard's creek. This divide consists of a succes- sion of bold, rocky hills, east of which the county is covered with a dense growth of post-oak, black-jack, and shin-oak timber, and is a fine country for hogs. On the west there are some fine fertile valleys, covered with mes- quite grass, and with good post-oak timber convenient. 41. Ellis — Ci'eated from Navarro in 1849; named for Richard Ellis; Waxahachie is the county seat. In 1843, Captain Thomas I. Smith, with a company of Rangers, established a post on Richland creek, and a settlement was formed around it. The land is undulating, mostly rich prairie, with skirts of timber on the Trinity river and its numerous tributaries. The Central Railroad passes through the county. Ennis and Palmer are railroad towns, and there is a branch road projected to the county seat. The county is bounded north by Dallas, east by Kaufman, south by Navarro, and west by Hill and Johnson. Population in 1870,7,914; assessed value of prop- erty in 1876, $3,662,356. Rich, black, stiff and loamy, undulating, rolling prairie, finely adapted to the culture of all kinds of small grain, as well as cotton and corn, and affording a superior range for stock, constitutes a large portion of the county ; the only timber found being on the river and creek bottoms, which is ample for ordinary farm purposes, and consists of oak, cedar, ash, pecan, cottonwood, bois d'arc, &c. 42. El Paso (the Pass). — Is next to Presidio, the lai-gest county in Texas, having an area of between 9,000 and 10,000 square miles. It is nearly seven COUNTY SKETCHES. 659 liundred miles northwest from San Antonio, and has an eleyation of about 3,750 feet above the sea level. Bounded north by New Mexico, east by Pecos and Presidio, south and west by New Mexico. It is in the mountain- ous and mineral region, though the valley lands are irrigable, and exceed- ingly productive. Isleta is the county seat. It is supposed the Rio Grande valley was visited by Marcus De Niza in 1537, and Coronado in 15-40 took possession of the Puebla village of Isleta. The same place was visited by Espejo in 1582, and permanently occupied by the Spaniards since 1595. In 1627, a Spaniard named DeLeon obtained a grant to settle the valley on the Texas side of the Rio Grande, and constructed ditches for irrigation, which are still in use. In 1870 the population of the county was 3,761 ; assessed value of j)roperty in 1876, $398,110. Late reports give the village of El Paso a population of 700 ; Isleta, fifteen miles south, 1,500; San Ilezario, 1,200, and Socorro 800. The population is principally Mexican. The county was organized in 1850 by Major R. S. Neighbors. Among its productions are the celebrated El Paso onions, and wine of a superior quality. In the fall of 1877 a serious diflSculty occurred, said to have been caused by the location and occupancy by private parties of salt lakes, which had been previously considered public property. Several parties lost their lives, and quiet was not fully restored until the arrival of United States troops under the command of General Hatch. 43. Erath — Created from Bosque and Coryell in 1856 ; named for George B. Erath. Bounded north by Palo Pinto, east by Hood and Somervell, south by Bosque and Hamilton, and west by Comanche and Eastland. Stephensville is the county seat, and was named for Johu M. Stephens, on whose land it was located. The county has about equal quantities of prai- rie and timber ; uplands thin, but good for pasturage ; bottoms rich and pro- ductive; county has numerous creeks, flowing into the Bosque river. Ste- phensville is nearly 2,000 feet above the sea level, and is very healthy. The county seat was settled in 1855. It had been previously occupied by a friendly band of Caddo Indians. These became troublesome, and in 1860 were driven off. Population in 1870, 1,801; assessed value of property in 1877, $2,082,473. 44. Falls.— Its name from a fall in the Brazos river ; created in 1850. Marlin, the county seat, named for a pioneer lamily. Bounded north by M'Leunan, east by Limestone, south by Robertson and Milam, and west by Bell. Set. tied in 1838. (For account of Indian troubles, see Indian fights, 1839.) The river and creek bottoms are very rich, and well timbered ; the uplands undulating prairies, arable and productive. Marlin is on the "Waco Tap Railroad, 160 miles from Houston, and 17 miles from Waco. Population of county, in 1870, 9,871 ; assessed value of property in 1876, $2,224,635 45. Fannin. — Created from Nacogdoches in 1837 ; named for James W. Fannin; Bonham is the county seat, named for J. B. Bonham, one of (he victims of the Alamo. It is one of the rich Red river counties, bounded north by the Indian Territory, east by Lamar, south by Hunt and west by 660 HISTORY OF TEXAS. Collin and Grayson. About one-third of i(s area is timber, the rest undulat- ing but rich prairie. It was first occupied by Captain "William Gilbert, and his camp was called English's Fort, now Bonham. This was in 1837. Bonham is on the Trans-Continental railroad, 128 miles west of Texarkana. Population of county, in 1870,13,207; assessed value of property in 1876, $3,599,805. It is watered by a number of small creeks tributary to Red river. The surface is undulating, about one-third part supplied with waliuit, post- oak, elm, ash, and many other varieties of timber, especially bois d'arc> which abounds. The soil is of the first quality, prairie and bottom being both of black loam, and well adapted to all small grains, as well as cotton. Most kinds of fruit abound, especially apples and peaches. Health and water are excellent. 46. Fayette. — Created from Bastrop and Washington in 1837 ; named for General Lafayette ; LaGrange the county seat. The Colorado river mean- ders through the county and it has numerous creeks, with rich bottoms^ The undulating prairies are also productive, and nearly every acre of land in the county is arable. In 1821, the Buckners, Ay lot C. and Oliver, settled an the creek that bears their name. In 1823, the Castlemaus settled on the west bank of the river, and S. F. Austin, for a time, made that his home. The Itubb family settled on Rabb's creek, and the Cummitigs f\\mily on Cummiiigs creek, and the Rosses at Ross Prairie. In 1831, the half league of land upon which Lagrange now stands, was granted to John H. Moore. Ledbetter, on the western branch of the Texas Central railway, is in the eastern portion of this county, and' Flatonia and "Waelder, in the western portion, are on the Sunset Route. Population, in 1870, 16,863; assessed value of property in 1876, $4,705,213. 47. Fort Bend. — Created from Austin in 1837 ; named from an old fort in the bend of the Brazos river ; bounded north by Harris and Austin, east by Harris and Brazoria, south by Brazoi'ia and Wharton, west by Wharton and Austin.' Richmond is the county seat. It is thirty miles from Houston, on the Sunset railroad, which crosses the Brazos at that point. The land on the river bottom, which, with Oyster creek, is six miles wide, is of in- exhaustible fortuity. The prairies afford fine stock range. Wm. Little^ who accompanied Austin in his first trip to Texas, selected the site of the town of Richmond. In 1822, four young men built a block-house there, in The bond of the river. William Morton settled on the east side of the river. During the same and following year, Randall and Henry Jones, William Styles, Jesse Thompson, Churchill Fulcher, Thomas Barnett, C. C. Dyer, Elijah Roarch, Thomas H. and Paschal Borden, William, Archibald and Robert Hodge, and James Frisbce, settled in the county. Randall Foster (died in 1878) obtained a league of land T )r supplying meat, as a hunter, to Austin and his party. Probably a larger number of the survivors of Austin's first three hundred colonists live in Fort Bend than in any other county in the State. Population, in 1870,7.11-1; assessed value of jjropeity in 1876, $2,254,724. * The San Bernard river is the wesi„r:i boimdary of the county, and*s a COUNTY SKETCHES. 661 small stream until it reaches tide-water in Brazoria county. Big creek, so called from its diminutive proportions, {lucus a non liicendo,) intervenes between the Brazos and San Bernard, and is tribulary to the Brazos. Jones' creek empties into tlie Brazos one mile above Richmond, on the east side. Oyster creek rises in the northeastern part of the county, and, pursu- ing a course parallel with the Brazos, empties into the west bay of Galveston, several miles northeast of the debouchure of the main riv- large cave, and within it names and paintings put there with ingmeut long ago. SCENE ON COMAT^ RIVER. COUNTY SKETCHES. 665 53. Goliad. — One of the original counties of the RepubUc. The name is an anagram from Hidalgo. Goliad is one of the most famous places in the history of our State. It was first visited by De Leon in 1G87. About 1715, a Mission was projected fur the benefit of the Caranchua Indians. It was named La Bahia (the Bay) Mission. At a later period, a second Mission, probably for the Aranamas, a half-civilized tribe, who possessed consider- able property and lived in comfortable houses, was established, called Espiritu Santo. In 1812-13, the place was occupied by the Republican army under Magee, and some severe battles were fought iii the neighborhood. In 1817, Colonel Perry and his party were killed near this place, by Mexican soldiers sent by Arredondo. In 1835, it was captured by the Texans under Collingsworth and Milam; evacuated by Fannin March 17th, 1836 ; battle of Colita fought same day ; and Fannin and his brave men massacred March 27th, 1836. During the colonial period. Decree No. 73, (1829) constituted Goliad a town or municipality. Population in 1870, 3,628; assessed value of property in 1876, $1,204,221. The county has some farms, but is mostly devoted to stock-raising. 54. Gonzales. — Named for Raphael Gonzales ; bounded north by Gua- dalupe, Caldwell and Fayette, east by Lavaca, south by Dewitt and west by Karnes and Wilson. Gonzales, the county seat, is 65 miles from Sau Antonio. It has four leagues of land lying on the Guadalupe river, given to the corporation August 25th, 1832. In 1825, Green Dewitt, Francis Berry, James Kerr, Henry S. Brown and others, commenced a settlement near where the town now stands, but were driven ofl'by the Indians. The town was laid out and a permanent settlement effected in 1832. At this point in 1835, occurred the first skirmish of the Texas Revolution. The Mexican authorities had given the citizens a cannon ; Col. Ugartechea, in command^ at San Antonio, sent to remove the piece to that city. The citizens resisted, and seizing the gun, advanced upon Castanado, the Mexican officer, and he hastily retreated to San Antonio. The county has a large quantity of good land, is well watered, and has plenty of timber for fenc- ing purposes. Harwood, a station on the Sunset Route, is in the northern portion of the county. Population in 1870, 8,951; assessed value of prop- erty in 1876, $2,792,929. This county has a large body of very rich bottom lands in the Guadalupe, San Marcos and Peach creek bottoms. These rivers afford an abundance of water and timber. There are some sulphur sprino-g, and salt springs from which salt has been made. Cotton is the leading prodnct, and a bale to the acre is a common product in good seasons. All the products of other counties are common to this, except that the cereals do not succeed as well as in the counties further north. Tobacco is raised for home use, and succeeds well. 55. Grayson.— Named for Peter W. Grayson; created from Fannin, in 1846; Sherman is the county seat; named for Sidney Sherman. Bounded north by the Indian Territory, east by Fainiin, south by Collin and west by Cooke. Sherman is on the Texas Centrnl railroad. 329 miles north of IIous ton, and on the northern branch of the Texas Pacific railroad, 155 miles west 066 HISTORY OF TEXAS. of Texarkana. Population of county in 1870, 14,327 ; assessed value of property in 1876, $6,019,8o7. Later estimates give Sherman a population of about 8,000, and Denison, nine miles north, about 4,000. A large number of small streams rise in it, flow northward and empty into the Red river. The surface is undulating, about one-fourth covered with elm, ash and post oalc. The soil is of a dark chocolate loam, and is nearly all good. Peaches, apples, and almost every kind of fruit abounds. Health and water, with some exceptions, good, and these two things always go together. 56. Gregg. — Created in 1875 ; named for John Gregg ; Longview is the county seat. It is on the Texas Pacific Railroad, 66 miles west of Shreve- port. This is a small, agricultural county. Assessed value of property in 1876, $1,029,828. 'No census lias been taken of the county. Longview is estimated to have 500 inhabitants. It lias a cotton compress, and does a large trade. 57. Grimes — Created from Montgomery in 1846 ; named for Jesse Grimes. Anderson is the county seat; named for Kenneth L. Anderson. Bounded north by Madison, east by Walker and Mongomery, south by Harris, and west by Washington. It lies on the east side of the Brazos river, and the Navasota meanders through the county. Colonel J. E. Groce settled in the county in 1822. He was soon followed by the Whitesides, Grimes, Walker and other families. The Central Railroad passes through the center of the county. Navasota is seventy miles north of Houston. Population of the county in 1870, 13,218; assessed value of property in 1876, $2,498,907. It is well watered by numerous creeks, which empty into the Navasota, which unites with the Brazos river, near its southwestern corner. The surface of the county is rolling, a large portion of it being jjrairie, much of the soil being rich black loam. An abundance of timber, consist- ing of i)ine, oak cedar, ash, and other varieties, for ordinary purposes, are found. The principal productions are cotton and corn, wheat and other small grain having besn introduced only to a limited extent, notwithstand- ing the soil appears finely adapted to their culture. Springs are numerous, many of them being strongly impregnated with sulphur; Kellum's spring, about ten miles north of Anderson, being one of the finest sulphur springs in the State. 58. Guadalupe — Created from Gonzales and Bexar in 1846 ; named for the river which passes through the county. Seguin is the county seat; named for Erasmo Seguin. Bounded north by Comal and Caldwell, east by Caldwell and Gonzales, south by Gonzales and Wilson, west by Bexar and Comal. Besides the Guadalupe river, it has the San Marcos on the east and the Cibolo on the west, with their numerous tributaries. It is well watered, has a tolerable sni)ply of timber, and the soil is very rich and pro- ductive. In 1839, a company of soldiers had their encampment at the Wil- low Springs (Seguin) and a settlement was formed under the protection of the soldiers. Population in 1870,7,282. The ''Sunset Road" passes COUNTY SKETCHES. 667 througli tlie county. Seguin is 172 niiles west of Houston, and is 35 east of San Antonio. 59. Hamilton— Created in 1858; named for James Hamilton, of South Carolina. Hamilton is the county seat. Though this is what is called the Avheat region, it produces excellent cotton ; is well watered, having the Leon, Cowhouse, and Bennet creeks and their tributaries; has enough tim- ber for firewood, and excellent building-stone. Hamilton is about fiil\- miles from Waco and one hundred miles from Austin. It is bounded on the north by Comanche and Erath, east by Bosque, south by CorycUe and Lam- pasas, and west by Brown. Population in 1870, 733; assessed value of property in 1876, $577,536. 60. Hardin— Created from Liberty in 1858, and is named for William Hardin. Hardin is the county seat. It is bounded north by Polk and Tyler, east by Jasper, south by Jefferson, and west by Liberty. Population in 1870, 1,460. Assessed value of property in 1876, $8-4,380. It is densely timbered. Soue Lake is becoming a favorite resort for invalids. 61. Hakkis — Named for John E. Harris, an early settler. The first name proposed for the municipality was Magnolia. Houston is the county seat, named for Sam Houston. It is bounded north by Grimes and Montgomery,, east by Liberty, south by Galveston, and west by Fort Bend and Waller. This county was settled in 1822. The fii-st steam saw-mills erected in Aus- tin's colony were in this county, one by Judge Burnet and the other by Mr. Harris. In 1832, Mr. Lynch opened a store at Lynchburg. The municipal- ity of Harrisburg was created by the Executive Council, January 1st, 1836. At the organization of the government ad iaterun, this municipality fur- nished both the President, Judge Burnet, and the Vice-President, Don Lo- renzo de Zavalla. For a time Harrisburg was the seat of government, but was burned by Santa Anna, as was also New AVashington on the bay. It was in this county that the decisive battle of San Jacinto was fought. la 1836, after the battle, Messrs. A. C. and J. K. Allen bought the league of land above the Harris league, which was held at too high a price, and laid Gift the town of Houston. Four thousand dollars were paid for the league. During the fall the " Old Capitol" was built, and the seat of government transferred to the new town. In 1840, Austin became the seat of govern- ment, but in 1842 it returned for a short time to Houston. The first railroad started in Texas was the one from Harrisburg* toward the Brazos, in 1856. Houston is now the principal railroad center in South eastern Texas. Pop ulation of the county in 1870, 17,375 ; assessed value of property in 1876, !^12,355,925. 62. Harrison— Created from Shelby in 1839 ; named for a pioneer settler. Marshall is the county seat. Bounded north by Marion, cast by Louisiana, south by Panola, and west by Uusk and Gregg. Marshall is on the Texas Pacific flailroad, forty-two miles west of Shreveport. Population of county in 1870, 13,241; assessed value of property in 1876, $3,969,303. Before the 668 HISTORY OF TEXAS. civil war, this was one of the leadiiig counties of the State in point of popu- lation and wealth. Since the war other counties have increased more rap- idly. It is well watered by the Sabine and numerous creeks, which &ow into it on the south, and Big Cypress and other creeks, which flow into the lakes upon its northern borders. The surface is rolling, with some portions broken and hilly. Tliere is a variety of soil, a sandy loam predominating. An abundance of timber is found in every section, consisting of post, red, white, and other sjiecies of oak, ijine, cypress, ash, gum, sassafras, mulberry, and other varieties. Cotton and corn are the staple products, though wheat and other small grains are raised to a considerable extent. Water freestone, and quite pure. Health generally good. Peaches, apples, jjlums, pears, and other kinds of fruits are raised. Game abundant, consisting of deer, wild turkeys and ducks, which frequent the lakes during the winter in vast numbers, while catfish, trout, bass, white, black and yellow perch are ob- tained from the lakes. 63. Hays — Cx'eated from Travis in 1848; named for John. C. Hays. San Marcos is the county seat. It is bounded north by Travis, east and south- east by Travis and Caldwell, southwest by Comal, and northwest by Blanco. The San Marcos Spring, just above the town, is one of the finest in the State. It was selected by the fathers of the College of Santa Cruz for a mission, in 1729, but as the adjacent ground was too high for irrigation, the location was changed to the San Antonio river. This county was included in Milam's grant, and was settled in 1844-5, by General Ed. Burleson and otherSo The scenery in this county is most picturesque ; the undulating prairies are very rich ; and there is a supply of mountain cedar for fencing. San Mar- cos is thirty miles south-west of Austin, on the line of the projected Inter- national Railroad, towards San Antonio. Stages connect also with Luling, on the Sunset Route. Population of county in 1870, 4,088; assessed value of property in 1876, $1,304,445. ' 64. Henderson. — Created from Houston, and Nacogdoches in 1850 ; named for J. Pinckney Henderson ; Athens is the couuty seat. It is bounded north by Kaufman and Vanzandt, east by Smith, south by Ander- son and west by Navarro. It is an agricultural county, with an abundance of good water, timber and soil. Population in 1870, 6,786 ; assessed vaiue of property in 1876, $960,000. The first settlement made in this county was in 1846 ; T. Ball and S. J. Scott settled on Walnut creek ; Mr. Godard settled Buffalo, a town on the Trinity ; Chas. Sanders settled near Buffalo ; H. and J. A. Mitchara settled Wildcat creek, in the south-west corner of the county ; Dr. Adams and Wm. Hytower settled in the east end ; Judge Rob- erts presided over the first court ever held here, which was under the shade of an oak tree, near tlie centre of the county, which tree is still preserved. Mr. J. A. Mitcham, who gives us these statements, also adds, that on the bluff on Cedar creek, in the west end of the county, a number of human bones have been found, together with some guns, etc. ; this discovery was made in 1851. The surface is rolling and well timbered with pine, oak, etc ; the soil upon the uplands is a light sandy loam, producing cotton and COUNTY SKETCHES. 669 corn abundantly, during favorable seasons. Springs of pure water are found in all sections, and well-water is generally good and cool. 65. Hidalgo. — Named for Guadalupe Hidalgo, a leader of the Revolu- tion in Mexico. Edinburg, on the Rio Grande, is the county seat. Bound- ed north by Nueces, east by Cameron, south by Mexico, and west by Starr. It is a very large county, having an area of 3,200 square miles; was created from Cameron in 1852. In the southern part of the county, on the river, the land is good; the northern part is sandy. It is a stock-raising county. Population in 1870, 2,387 ; assessed value of property in 1876, $300,705. The county has a wonderful salt lake, {Sal del Bey). The lake is about one mile in diameter, in a flat surrounded by higher land. It is supposed to rest on a salt mine, as the water is very strongly impregnated with saline matter; and when the salt is removed it immediately fills up again with salt by precipitation; so the supply is inexhaustible. It is situated forty miles north of Edinburg and eighty-five from Brownsville. During the civil war it furnished salt for a large portion of Southern Texas. 66. Hill. — Created from Navarro and Ellis in 1853 ; named for George W . Hill ; Hillsborough is the county-seat. Bounded north by Johnson, east by Ellis and Navarro, south by Limestone and M'Lennan, and west by Bosque. Fort Graham, on the Brazos river, was settled by Mr. Kimble in 1834:. It is a prairie county, well adapted to agriculture or stock-raising. It is watered by the Brazos river and Nolaud and Aguilla creeks. Population in 1870, 7,453; assessed value of property in 1876, $1,764,648. 67. Hood.— Created from Johnson in 1866; named for John B.Hood. Granbury, named for General Granbury, is the county-seat. Bounded north by Parker, east by Johnson, south by Somervell, and west by Erath and Palo Pinto. It is small, having but 450 square miles. The county has a fair supply of timber and the land is rich and productive. Population in 1870, 2,585; assessed value of property in 1876, $689,523. Granbury is thirty-five miles from Fort Worth, the present terminus of the Texas Pa- cific Railroad. The county is situated on both sides of and embracing in its boundaries, nearly two hundred miles of that crooked stream, the Brazos river, into which Long, Rucker's, Walnut Fall, and George's creeks in the east, and Paloxy, Squaw, Stroud's, and Robinson's in the west, all supplied by springs and clear as crystal, empty. This county presents the combined advantages of abundant pure spring and well Avater ; plenty of convenient- ly located timber; numerous fertile valleys, elevated rich post-oak table land, mingled prairie and timber lands, profusion of superior building- stone, while its location between the 32d and 33d degrees, and its romantic, picturesque, and, to a considerable extent, broken and rugged surface, ren- ders its chraate mild, equable, and salubrious. No malarious swamps, hog wallow prairies, or miasmatic jjonds of stagnant water exist to sow disease and death. Near the centre rise the huge outlines of Comanche Peak, towering some 600 leet above the Brazos, a noted land-mark, and visible from nearly all parts of the county. The eastern and western edges of the 670 HISTORY OF TEXAS. county consist of prairies, bisected every few miles by beautiful, limi)id ruumng creeks, fringed with timber, and through the center run« the Bra- zos river, with its belt of timber from five to ten miles wide, and dotted here and there with many large, thrifty, and productive valley farms. The Brazos and its numerous tributaries furnish abundant water-power, and hundreds of line manufacturing sites can be found at its countless falls, and in the luimerous bends of the river. 68. Hopkins. — Created in 1846, from Lamar and Nacogdoches; named for a pioneer family. Sulphur Springs is the county seat. It is bounded on the north by Delta, east by Franklin, south by Wood and Rains, and west by Hunt. It is a rich agricultural county, well watered, and with an a,bundant supply of timber. Population in 1870, 12,651 ; assessed value of property in 1876, $1,855,581. 69. Houston. — Created from Nacogdoches in 1837 ; named for Sam Hous- ton* Crockett is the county-seat. It is bounded north by Anderson, north- east by Cherokee, south-east by Tiinity, and west by Madison and Leon. One of the old routes of travel, one hundred and fifty years ago, passed through this county, and it is probable that the old mission La Trinidad, one of the first projected in Texas, was at the river, near the present town of Alabama. Relics have been picked up there ; among others a bell bear- ing dale 1690. The county possesses an abundance of timber; has good land, and is well watered. Crockett is on the International Railway, one hundred and fifteen miles north of Houston. Population of county in 1870, 8,197 ; assessed value of property in 1876, $1,764,648. 70. Hunt. — Created in 1846 from Fannin and Nacogdoches ; named for Memucau Hunt. Greenville is the county-seat; named for T. J. Green, (Mier prisoner) . Bounded north by Fannin, east by Delta and Hopkins, south by Rains, Van Zandt and Kaufman, and west by Rockwall and Col- lin. This is a fine agricultural and stock-raising county, about equally divided between timber and prairie. Fi*om Greenville it is thirty-five miles to M'Kinney, on the Texas Central Railroad; thirty miles to Terrell, on the Texas Pacific, and thirty-three miles to Bonham, on the Trans-conti- nental Railroad. Population in 1870, 10,241 ; assessed value of property in 1876, $1,852,681. It is abundantly watered by numerous creeks and branches, which form the head waters of Sabine river ; springs are fre- quent; the surface is rolling, and in some sections, quite hilly, and very well supplied with post-oak, ehn, ash, bois d'arc, etc. The soil is black and rich, both on bottom and prairie, producing wheat, corn, cotton, potatoes, etc. 71. Jack. — Created from Cooke in 1856 ; named for William H. and P. C. Jack. Jacksborough is the county seat. It is bounded north by Clay and Montague, east by Wise, south by Pai-ker and Palo Pinto, and west by Young and Archer. The country is undulating, with prairie and timber lands ; is suitable for small farmers and stock raisers ; is watered by the COUNTY SKETCHES. 671 Trinity river and a number of creeks. Population, in 1870, 694; assessed value of property, in 1876, $403,509. Jacksborougli is 2,000 feet above the level of the sea. 72. Jackson. — Named for Andrew Jackson. Texana, at the head of navigation on the Navidad river, is the county seat. It is bounded north by Lavaca, east by Wharton and Matagorda, south by Calhoun and we.-t by Victoria. It was at Dimitt's Point, iu this county, that La Salle built Fort St. Louis in 1686. The county was settled by Austin's colonists iu 1827-28. In 1833, the Ayuntaiinento of Brazoria created the precinct of Santa Anna, afterwards changed to Texana. In 1836, Patrick Usher was Chief Justice. The first Declaration of Texas Independence was made at a public meeting on the Navadad river, July 10th, 1835, of which James Kerr was Chairuiau and Samuel Rogers, Secretary. Jackson is one of the coast counties; it is well adapted to the raising of cotton and sugar ; and has a fine range for stock. Population, in 1870, 2,278; assessed value of property, iu 1876^ $670,512. 73. Jasper. — Named for Sei'geant Jasper, of the American Kevolution. It is bounded nortli by Angelina, San Augustine and Sabine, east by Newton, south by Orange, and west by Hardin and Tyler. Jasper is the county seat. This is one of the heavily-timbered counties of SouLheastern Texas, and has water communication via Neches river, with Sabine Pass, and is accessible to the Houston and New Orleans Eaihoad. The first settlement in the oounty was known as Bevilport, from John Bevil. In 1830, Antonio Padilla, the Land Commissioner, organized the precinct, in connection with the Municipality of Nacogdoches, and laid out a town on tlie Neches, to which the name of Teran was given. Terau had four leagues of land and a small garrison of Mexican soldiers under Colonel Bean. December 1st, 1835, the Executive Council changed the name from Bevilport to Jasper. Population in 1870, 4,218; assessed value of property ia 1876, 393,194. George W. Smyth furnished the following interesting historical sketch of old Jasper, and some of the neighboring counties : " When my acqaintauce first commenced with the region of country now embraced iu Jasper county, which was in 1830, in consisted of a settlement of about thirty families, scattered from the Sabine to the Neches, and known as ' Bevil's Settlement,' from John Bevil, Esq., the * oldest inliabitant.' Bevil's Settlement, was, at that time, separated from the settlement above, known as the ' Ayish Bayou Settlement' (now the counties of San Augus- tine and Sabine) by a wilderness of forty miles, and from that below, as < Cow Bayou Settlement,' by an uninhabited region of seventy miles. This county was included in the colony granted iu 1829, to Lorenzo de Zavalla, by the State of Coahuila and Texas, with the consent of the general government of Mexico. In 1830, it was organized into a precinct of the Munic- ipality of Nacogdoches, with a ' Commissario of Police,' by Juan Antonio Padillo as Commsssioner. In 1834, it was created into a separate munici- pality by the name of the 'Municipality of Bevil,' and the town of Jasper^ as the seat of the municipality, located under the authority of George 672 HISTORY OF TEXAS. Antonio Nixon, Commissionei' of Zavalla's colony. At the first organiza- tion of counties after the revoUitiou, the ' Precinct of Bevil,' as it is culled in the Constitution of the Republic, became one of them, under the name of Jasper. The county of Jasper at tirst included both Jasper and Newton, but was divided into two, when the counties were re-orgaiiized under the State Constitution. Among the early settlers of this county, I may mention Messrs. John Bevil, James Chesshur, Thomas Watts. John Watts, John Saul, l-aac Isaacs and Hardy Pace. All of these, I think, emigrated betoi'e 1828." 74. Jefferson. — Beaumont, the county seat ; both named for Jefferson Beaumont, afterward Ciiief Justice of Calhoun county. Created by the Executive Council, in 1835, it was included in Zavalla's colony. It is bounded north by Hardin, cast by Orange and Sabine Lake, south by the Gulf of Mexico, and west by Liberty and Chambers. It is a stock-raising county, with some very rich land adapted to the cultivation of sugar, rice, etc. Beaumont is thirty-five miles, by water, from Sabine Pass, and about ninety-five from Galveston. It is on the Houston and New Orleans railroad^ eighty-three miles from Houston. Population of the county, in 1870, 1,900; assessed value of property in 187G, $832,941. 75. Johnson. — Created from Ellis and Navarro, in 1854; named for M. T. Johnson. Cleburn, (for Pat. Cleburn) is the county seat. It is bounded north by Tarrant, east by Ellis, south by Hill and Bosque, and west by Somervell and Hood. In 1854, Captain Charles E. Bernard established a trading post in the county, around •which settlements were formed. The trade of the county goes to Fort Worth and Dallas. It is a splendid county of land, producing both cotton and wheat, and all the cereals; and an abundance of fruits. Population in 1870, 4,923 ; assessed value of property in 1876, $2,186,402. The Brazos river runs through the western part of this county, and Nolan's river. Chambers' and Cedar Bluff creeks head in the county. East of the Brazos the sui'face is rolling, and west of that I'iver it is very hilly. Thei'e are some vegetable and animal peti"ifactions. In these hills Comanche Peak is the highest elevation, being tv/o hundred feet above the surrounding country, and Caddo Peak rises like a potato hill, about one hundred and fifty feet. The former is four miles west of the Brazos, and the latter in the west edge of the Cross Timbers. 76. Kaknes. — Created from Bexar and Goliad, in 1854; and is named for ! [eury Karnes ; Helena is the county seat. It is bounded north by Wilson, east by Gonzales and DeWitt, south by Goliad and Bee, and west by Live- oak and Atascosa. This is emphatically a stock county, a considerable por- tion being inclosed in large pastures. There are some small farms: and when the ground is well cultivateil, it produces remunerative crops. Popu- lation in 1870, 1,705; assessed value of property in 1876, $922,556. 77. Kaufman. — Created from Harrison, in 1848; named for David S. Kaufman; Kaufman is the county seat. It is bounded north by liockwell COURT HOUSE. DALLAS. COUNTY SKETCHES. 675 and Hunt, east by Van Zandt, south by Henderson and west by Ellis and Dallas. The Texas Pacific llailroad runs through it. Population in 1870, 6,895; assessed value of property in 1876, $2,316,676. It is watered by the Bois d'Arc, or East Fork of the Trinity, which flows through its west side, and by numbers of creeks tributary to it ; the surface is rolling, and the southeastern portion generally timbered with a variety of oak, elm, etc., while the northwest consists almost entirely of prairie, away from water courses, which ai-e bordered by a scrubby growth of elm, and other varieties ; bois d'arc is found in large quantities, and of good sized trees attaining a growth of a foot and a half or more in diameter ; the soil of the prairies and bottoms is black and waxy generally, and a number of feet in depth, finely adapted to wheat and small grain ; large crops of corn are also made during favorable seasons. 78. Kendall.— Created from Bexar and Kerr, in 1862, and named for George W. Kendall. Boerne is the county seat. It is bounded north by Gillespie and Blanco, east by Comal, south by Bexar and Bandera, and west by Kerr. This is a hilly region, noted for its health. It is a splendid stock range, especially for sheep. There are, also, a goodly number of small farms in successful cultivation. Boerne, thirty miles nortwest of San Antonio, is 1,200 feet above the level of the sea. Population in 1870, 1,536; assessed value of property in 1876, $119,737. Agricultural products, wheat, corn, rye, barley, oats, sorghum, sweet and Irish potatoes, good yield ; climate is one of the best in the world, with health unsurpassed; soil, black loam; seasons nearly regular; timber cypress, cedar, live-oak, post-oak, white-oak, black-jack, elm, poplar, wal- nut, hackberry, with a good variety of wild apple, plum, cherry, etc. The county is well watered, the Guadalupe and Cibolo running through the county, with their many tributaries, such as the Balcones, Frederick, Spring, Sabinas, Wasp, Block, Sistei'-, Cypress and Curry's creeks. Pasturage ex- cellent, particularly for sheep, there being about 15,000 of the latter in the county, doing well, and all cured of the scab. 79. Kerr.— Created in 1856, when there was a military post at Camp Verde ; named for James Kerr; Kerrsville is the county seat. The descrip- tion for Kendall county will apply to this. Population in 1870, 1,042; assessed value of property in 1876, $334,428. It is bounded north by Kimble and Gillespie, east by Kendall, south by Bandera, and west by Edwards. 80. Kimble^— Created in 1858; named for one of the victims of the Alamo massacre. It was organized in 1876 ; Kimbleville the county seat. It is bounded north by Menard and Mason, east by Mason and Gillespie, south by Kerr and Edwards, and west by Crockett. This is a hilly county but has some excellent land. On the creeks there are some extensive cedar brakes. It is a superb county for stock-raising. Population in 1870, 72 ; assessed value of property in 1876, $57,606. It is situated upon the head waters of the Llano river. The surface of 37 676 HISTORY OF TEXAS. this county is very uneven, being a succession of narrow valleys and rocky higlilands. It is drained by the Llano river, and its north and south forks — Elm, Paintrock, Viego, Mills, Bluff, Ionia, Bear, and James creeks — which flow over rocky beds, and through deep ravines, and narrovv valleys. The water of these streams is clear and pure. The soil is rich, of black and chocolate color, and there is plenty of rock — generally limestone — for all building purposes in the county. There are also some good valley lands for agricultural jiurposes, still its best adaptation is for stock-raising, particu- larly liorses, sheep and liogs. The timber consists of live-oak, post-oak, black-jack, cedar, mesquite, elm, pecan, hackberry, etc. Fort Terrill is located on the south side of the North Llano, near the western line of the county. 8L Kinney — Created from Bexar in 1850, and named forH. L. Kinney. Del Rio is the county seat. It is bounded north by Crockett, east by Uvalde, south by Maverick, and west by Mexico. In 1834, Messrs. Beale and Grant attempted to plant an English colony at Dolores, in this county, but the attempt failed, and the county was not occupied by an English- speaking population until quite recently. Small tracts of laud are irrigated, and produce abundant crops. The county is generally hilly, but admirably adapted to stock-raising, especially sheep. Brackett (Fort Clark) is about 125 miles west of San Antonio. Population in 1870, 1,204; assessed value of property in 1876, $85,304. 82. Lamar — Created from Red River in 1840; named for M. B. Lamar. Pax'is is the county seat. It is bounded north by the Indian Territory, east by Red River county, south by Delta, and west by Fannin. The lands iu this county are unsurpassed for fertility. Cotton, all the cereals, and a great variety of fruits are produced in great abundance. It was settled as early as 1818, by Emory Rains, Travis G. Wright, George W. Wright, and others. Mr. Clab Chisholm settled the town of Paris in 1836. Population of county in 1870, 15,790; assessed value of property in 1876, $4,059,275. Paris is on the northern branch of the Texas Pacific Railroad, 91 miles west of Texarkana, and 65 miles east of Sherman. 83. Lampasas — Created in 1856 ; named from the river. Lampasas is the county seat. It is bounded north by Brown and Hamilton, east by Coryell, south by Burnet, and west by San Saba. It is a rich, rolling prairie county, famous for its health, and its sulphur springs near the town, which are resorted to by invalids from all parts of the State. The town is sixty-eight miles northwest of Austin. Population in 1870, 835 ; assessed value of property in 1876, $678,304. This county is hilly and mountainous, with the richest valleys in the world. The water being pure and healthful; the range is good ; game is scarce, though there are some deer, bear, wild turkeys, ducks, «fcc. ; fish are in great abundance, such as buffalo, cat- fish, suckers, «fcc. ; wild honey abounds. Almost three-fifths of the county is prairie. Tlicre are large bodies of limestone, suitable for building, and immense quarries of marble of various colors, and some admitting a fiiie COUXTY SKETCHES. 677 polish. There is one ^It spring, from which salt has been profitably made at the rate of tliirty-five bushels per day. AVe have more than a dozen sul- phur, and several chalybeate springs. More than two thousand persons annually visit what are known as the Lampasas sulphur springs, some from the remotest parts of the State. Some coal mines have been found in the county. Many are now building stone fences, though cedar fences are more common. 84. Lavaca — Created from Gonzales and other counties in 1846 ; named for the river of the same name. First Petersburg, and afterward HalJetts- ville (from a pioneer fixmily of that name) became the county seat. It is bounded north by Gonzales and Fayette, cast by Colorado, south by Whar- ton and Jackson, and west by DeWitt. The county has no railroad, bat Shulenburg is but sixteen miles distant, on the Sunset Route, and Cuero, on the road to Indianola, but a little farther off. This is an old-settled, popu- lous and desirable county. Population in 1870, 9,168; assessed value of property in 1876, $1,937,467. Lavaca is one of the finest counties in the State. There is scarcely an acre that has not the advantage of wood and good water convenient. More than half the county is timbered uplands, covered with post-oak, black-jack, pecan ; and the finest white oak and wild cherry are found on the rivers. The soil of the uplands is not what is generally termed rich. It is a light and sandy loam, and produces remarkably well, and crops rarely fail. On the bottom-lands the soil is blacky alluvial, deep and very productive. The prairies are mostly hog-wallow and stiff and clayey, but very productive when once under proper cultivation. The Lavaca and Navidad I'ivers, Clark's creek. Big Brushy, Little Brushy, Eocky, Mustang, and Nixon's creeks are all in, this county; and these, together with mimerous fine springs, give this county an abundant supply of water. There is no better pasturage than on the prairies, and the abun- dance of timber affords the vast stocks of cattle, horses and sheep an excellent shelter from the winter northers. The small grains — wheat, rye, oats, &c. — do better in this than in most of the lower counties. Tobacco yields well, and considerable is raised for market. The sorghum cane is raised successfully on every farm, and some make the syrup for market. 85. Lee— Created from Washington, Burleson, and others, in 1873; named for Robert E. Lee. Giddings is the county seat; named for J. D. Giddings. The county is about equally divided between timber and prairie ; is on the dividing ridge between the waters of the Colorado and Brazos rivers, and is watered by the head branches of the Yegua, Cummings and Rabb's creeks. It is a good stock raising and agricultural county. It is bounded north by Williamson and Milam, east by Burleson, south by AYashington and Fa3-ette, and west by Bastrop. Giddings is on the western branch of the Texas Central Railroad, 106 miles from Houston and 59 from Austin. Assessed value of property in 1876, $1,428,298. 86. Leon— Created from Robertson in 1846 ; named, probably, for Alonzo DeLeon, the Spanish commander, who penetrated Texas in 1687. Center- 678 HISTORY OF TEXAS. ville is the county seat. It is bounded nortli by Limestone and Freestone^ east by Anderson and Houston, south by Madison, and west by Robei'tson. It is watered by the Trinity river and its tributaries on the east and the Navasota on the west. Is well timbered and a good agricultural county, ■f he old San Antonio and Nacogdoches road passes through this county, and it was one of the earliest settled by Americans west of the Trinity river. "William Robbins kept a ferry on the river, when visited by Long in 1819. The International Railroad passes along the northern boundaiy of the county. Population in 1870, 6,586 ; assessed value of property in 1876,. $1,365,808. 87. Liberty — One of the original municipalities of Texas. This was at an early period called Arkokisa, one of the names of the Trinity river, probably a corruptioii of Orquisaco, the name of an Indian tribe on its banks. At a later period it was called Atascosita, because the Atascosita road there crossed the river. In 1806, the Cantonment of Atascosita was created by Governor Cordero. In 1817, some French refugees from the ai'my of Napoleon settled on the Trinity river, and commenced planting vineyards, but the settlement was broken up by the Spaniards. In 1830, the municipality of Liberty was created by the Land Commissioner Madero, but was soon afterward transferred to Anahuac by Bradburn. In 1831, it was restored to Liberty by a popular vote. Liberty, the county seat, is on the bank of the Trinity, 110 miles from Galveston, by water, and 41 miles from Houston, on the Houston and New Orleans Railroad. The munici- pality originally included all the territory between the Sabine and San Jacinto rivers, below the jurisdiction of Nacogdoches. The present bound- aries are north by San Jacinto, east by Hardin, south by Chambers, and west by Harris and Montgomery. Population in 1870, 4,414 ; assessed value of property in 1876, $555,584. There is about an equal quantity of prairie and timbered land in the county, the upper, or northern, part being heavily timbered with pine, oak, hickory, ash, magnolia, wild peach, sassafras, wal- nut, elm, linn, and the usual variety of forest growth. There are extensive cypress-bi'akes bordering on the Trinity, and fine pineries within a few miles of the town of Liberty. The lower Trinity is skirted, for a distance of six miles on either side, by dense forests, suited for lumber and fuel ; and the " wood business " for Galveston market is carried on extensively, and is increasing in importance daily, as the increasing demand of that rapidly-gi owing city must be supplied from this section. 88. Limestone — Created from Robertson and NavaiTO in 1846. Groes- beck is the county seat. Bounded north by Hill and Navarro, east by Freestone, south by Robertson, and west by Falls and McLennan. This is a beautiful, undulating, agricultural and stock-raising county. It is i)roba- ble that the block house, erected by Philip Nolan in 1801, was near the Tchuacana hills, in this county. Parker's fort was established in 1835, and broken up by the Indians May 9th, 1836. Two years later, on Battle creek, a party of surveyors were attacked, and seventeen killed by the Indians. Gi'oesbeck is on the Houston and Texas Central Railroad, 170 miles north COUNTY SKETCHES. 679 of Houston. Population of the county in 1870, 8,591 ; assessed value of property in 1876, $2,660,873. 89. Live Oak — Created from San Patricio and Nueces in 1856. Oakville is the county seat. Bounded north by Atascosa, east by Karnes and Bee, south by San Patricio and Nueces, and west by McMullen. It is a stock- raising county, watered by the Atascosa and Nueces rivers. Oakville is seventy-five miles south of San Antonio and the same distance north of Corpus Christi. Population in 1870,852; assessed value of property in 1876, $735,735. The surface is level, in parts undulating; about one-fifth part supplied with post-oak and mesquite. The soil is a deep, sandy loam, very productive. Water is scarce, but good. Health is very good. 90. Llano. — Named for a river ot the same name; Llano is the county seat. Bounded north by San Saba, east by Burnet, south by Blanco and Gillespie and west by Mason. It is a stock-raising county, the surface roll- ing and somewhat mountainous ; watered by the Llano and its numerous branches. Among the more conspicuous mountain peaks are the Enchanted Rock and Pack-saddle mountain. This is a mineral region, possessing an inexhaustible supply of iron oi*es and granite; silver mines are being operated with a fair prospect of success. The county was originally included in Fisher and Miller's colony ; was created in 1856. Population in 1870, 1,379; assessed value of property in 1876, $427,324. 91. Madison. — Created in 1853 from Grimes, "Walker and Leon ; named for James Madison ; Madisonville is the county seat. Bounded north by Leon, east by Houston, south by Walker and Grimes, and west by Brazos; watered by the Trinity on the east and the Navasota on the west ; surface undulating, and well supplied with timber. Population in 1870,4,061; assessed value of property in 1876, $613,579. 92. Marion. — Created from Cass in 1860; named for Francis Marion; Jefferson, the county seat, was laid out in 1845. Bounded north by Cass, east by Louisiana, south by Harrison and west by Upshur. It is a fine cotton-producing county, with a great abundance of the best of timber. Jefferson is at the head of navigation on the Big Cypress bayou, 500 miles by water from New Orleans; and on the trans-continental branch of the Texas and Pacific railroad, sixteen miles north of Marshall, and fiity-nine miles south-wost of Texarkana. Population of county in 1870, 8.562; assessed value of property in 1876, $1,889,118. The soil of this county is not as rich generally as many others. The bayou, ci'eek bottoms, and lands upon the lakes, are equal to any other lands in the State, producing, on an average, from 1,000 to 1,500 lbs. cotton to the acre, and the uplands from 600 to 800 lbs. to the acre. Tobacco groAVS well in this county. Tlie planters gen- erally raise an abundance of corn, the average crop being from twenty to twenty-five bushels to the acre. The lands are not well adapted to wheat, and the average is not more than ten to twelve bushels per acre. Other small grains, such as rye, oats and barley, yield i)leutif ul crops to the farmer. 680 HISTORY OF TEXAS. The fai'mers generally raise their own hogs, and have no difficnltv in making as good bacon as was ever put up in Ohio or Kentucky. As to cheapness and comfort of living, Ave have butter, milk, eggs and poultry in abundance. This county has a great vaiiety of timber, such as pine, oak, ash, walnut, hickory, mulberry, cedar, cypress and other forest-trees. Our best building material is pine and cypress. Grape and mulberry abound here; they are indigenous to the soil, and grow luxuriantly, indicating that wine and silk, as well as cotton and tobacco, will one day become staples of the county. Iron ore is found in this county in great abundance; the ore will yield upward of 75 per cent. One foundry, known as Nash's Iron "Works, has been worked with great success. Leeds, and other iron men of New Orleans, have woi'ked and tested this iron, and pronounce it equal to any in the world for toughness and malleability. The quantity is equal to all the demands of Texas for hundreds of years to come. The hills in which this ore abounds are covered with dense forests of pine and other timber, useful as fuel in the furnaces. Lead, copperas and copper are also found in considerable quantities. Many other sources of wealth and enjoyment are found here, and will, all in good time, be realized by her citizens. Fruits of all kinds grow well here, and of the rarest and richest kinds; the peach is unrivaled, and nowhere is it of larger growth or richer tiavor; the nec- tarine, quince and grape are equally luxuriant; the fig, a delicious fruit, is very common, and may be raised in the greatest abundance. A great variety of berries, such as the mulberry, dewberry, whortleberry, straw- berry and gooseberry, grow wild in the greatest profusion. The chincapin, walnut and hickory nuts are vei*y abundant. The deer are still very plen- tiful, hence venison is very common and very cheap. Besides deer, wild turkeys are very numerous, and generally fat. Large and almost innumer- able flocks of wild geese, brants, mallard and common ducks, and other water-fowl, frequent the bayous and lakes, and are so plentiful that a hunter can always furnish hiraself'with as many of them as he desires. Partridges, pigeons, snipes and rice-birds are very plentiful. Fish of almost every character are in great abundance in the lakes and bayous. There are many mineral springs, some of which are places of much resort, and are highh^ appreciated for their medicinal virtues. 93. Masox. — Created in 1858; named for Captain Mason, of the United' )States Army; Mason is the county seat. Bounded on the north by M'Cul- loch ar.d San Saba, east by Llano, south by Gillespie and Kimble, and west by Kimble and Menard. A military post was established at Fort Mason in 1845. When the late Civil AVar broke out, Robert E. Lee was in command of the fort with the 2d Dragoons. It is a stock-raising county; partially timbered, with an undulating surface ; watered by the Llano and San Saba rivers and their tributaries. Population in 1870, 678; assessed value of property in 1876, $367,514. 94. Matagorda. — An Indian name; one of the original municipalities of Texas. Bounded north by Wharton, east by Brazoria, south by the Gulf of Mexico and west by Calhoun and Jackson ; Matagorda is the county seat. COUNTY SKETCHES. 681 It is a coast county, admirably adapted to stock-raising, and possessing- some of the finest cotton and sugar lands in the State. The coast was explored by La Salle in 1686 ; occupied by the French under Belisle, in 1721; and by the Spaniards in 1722, The schooner "' Only Son," with a number of Austin's colonists, landed on the banks of the Colorado river in 1821, and again in 1822; the last time bringing the Kincheloe family, H. Chriesman, Messrs. Rawls and Prewett. A few days later, another vessel landed, bringing Mrs. Peyton, S. M. Williams, Nicholas Clopper and others. The supplies of these colonists were left in charge of four young men, while the families ascended the river to Wharton. The young men left in charge of the provisions were killed by the Indians, and the pro- visions, etc., stolen and destroyed. In 1828, the Only Son brought another company of colonists, including Abram Clare, James Morgan and others. Matagorda was then under the jurisdiction of the Ayuutamiento of San Felipe, and Robert H. Williams was Alcalde. The town of Matagorda was settled in 1829, by Phillip Dimitt, S. Rhoades Fisher, H. Wooldridge, R. R. Royall, the Wards, etc. The precinct of Matagorda was formed by the Ayuntamiento of Brazoria in 1833. Decree No. 265, March 6th, 1S34:, created the municipality; Thomas M. Duke and Seth Ingram were Alcaldes. In 1836, Silas Dinsmore was Chief Justice. Population of the county in 1870, 3,379 ; assessed value of property in 1876, $1,156,497. 95. Maverick. — Created in 1856; organized in 1871; named for S. A. Maverick; Eagle Pass is the county seat. Bounded north by Kinney, east by Za valla and Dimitt, south by Webb and west by Mexico. The old San Antonio road to Presidio passes through this county ; it is a stock- raising county. The International railroad has located large bodies of land in this county. Population in 1870, 1,951; assessed value of property in 1876, $205,323. 96. M'CuLLOCH.— Created in 1856; organized in 1876; named for Ben. M'Culloch; Brady City is the county seat. Bounded north by Col«man, east by San Saba, south by Mason and west by Concho. It is an agricul- tural and stock-raising county. It has an elevation of about 1,800 feet; Brady City is 140 miles from Austin and 150 miles from San Antonio. Pop- ulation in 1870, 173; assessed value of property in 1876, $19,840. Brady's creek, a bold mountain stream, runs centrally through it from west to east; the San Saba through its southern limits, with numerous small creeks and bold spi-ings in all sections. A large portion of the county is divided into highlands- (so-called mountains), and beautiful valleys. The whole is covered with mesquite grass, and it has an abundance of short timber. No better county for stock, and its valleys are fine for farming. 97. M'Lennan. — Created from Milam, Limestone and Navarro, in 1850; named for Neil M'Lennan, an old settler. Bounded north by Bosque and Hill, east by Hill and Limestone, south by Falls and west by Bell and Coryell ; Waco is the county seat. A village of the Waco Indians formerly occupied the site of the present city. In 1830, that village was captured and 682 HISTORY OF TEXAS. burnt by the Texans, under Abner Kuykendall. In 1834, A. M. Stroud was authorized by President Houston to open a trading house at the vil- lage. About the time of annexation, the Messrs. Torry established a trading house there. The town was laid out by George B. Erath, in 1849. Lots then sold for $5 each; but raised the next year to $10. Captain Eoss established a ferry across the Brazos, and settlers began to flock to the place. The county was created in 1850. By raih-oad, Waco is 187 miles from Houston. This is a splendid county of land, producing corn, cotton and wheat in the greatest abundance. It is healthy, well "watered, aud has a fair supply of timber. Population iu 1870, 13,500; assessed value of pro- perty in 1876, $4,829,991. 98. M'MuLLEN. — Ci'eated 1858; named for John M'Mullen, Empresario; Tilden (formerly Colfax and Dogtown), is the county seat. Bounded north by Atascosa, east by Live Oak. south by Duval, and west by La Salle. It is watered by the San Miguel, the Frio, and Nueces rivers. It is a stock- raising county, but sparsely settled, aud recently organized. 99. Medina. — Created from Bexar, in 1848; named for the river of the same name ; Castroville, for Henry Castro, is the county seat. Bounded north by Bandera, east by Bexar and Atascosa, south by Frio and west by LTvalde. It is a farming aud stock-raising county. In February, 1842> Henry Castro entered into a contract to introduce 2,000 colonists into the Republic. On the first of March, 1844, several hundred of them arrived at Castroville. Three days later the cornei'-stone of a Catholic church was laid by Bishop Odin. Population of the county in 1870, 2,078; assessed value of property in 1876, $855,679. Castroville is thirty miles west of Sau Antonio. 100. Menard. — Created in 1858; named for M. B. Menard, one of the founders of Galveston ; Menardville is the county seat. Bounded north by Concho, east by M'CuUoch and Mason, south by Kimble, and west by Crockett. This, at present, is a sparsely-settled county of small farmers aud stock-raisers. It was on the San Saba river iu this county, that the old San Saba Mission and silver mine existed. The mission was founded in 1734, by missionaries from Santa Fe, and broken up by the Indians in 1758. The bottom lands in the county are very rich, and capable of irrigation. Popu- lation in 1870, 667; assessed value of property in 1876, $85,500. It is located upon the Sau Saba river, which stream flows throughout the county from west to east, whilst other streams, as Otter creek, Bowie, Camp, Crawford's, Elm, Howard's, and numerous smaller creeks, tributaries of the San Saba, and in the northern jDortion branches of Brady's creek, afford plenty of pure water. The surface of the country is hilly, and in places quite rocky; there are fine valleys along the banks of the San Saba river? but they are not very extensive, and altogether this county is more favora" ble to the stock-raiser than the farmer. It presents an excellent range for horses, sheep and cattle generally. The county is w^ell supplied with tim- ber of the same kind as found iu Kimble county. VIEW OF SAN ANTONIO IN 1878. COUNTY SKETCHES. 685 The ruins of the old Spanish fort, '' Sau Saba," are near the center of this county; on the north bank of the river bearing- the same name, the tra- ditional old silver-mine was located in this neighborhood. Fort McKavitt is situated in the western portion of this county, on the south bank of the San Saba. 101. Milam. — One of the original municipalities ; named for B. R. Milam ; Cameron, for John Cameron, is the county seat. Bounded north by Bell and Falls, east by Robertson, south by Burleson and Lee, and west by Wil" liamsou. This was in the Lettwich, afterward the Robertson grant. During the Colonial period, the town of Viesca, with a four-league grant, was laid out at a point on the Brazos river where the old Comanche trail crosses that stream. The place was afterward called Nashville, and occupied by the family of Mr. William Thomson. It is near where the International Rail- road crosses the river. December 27th, 1835, the Executive Council at San Felipe created the Municipality of Milam. In 1836, Massilon Farley was Chief Justice. The town of Cameron was laid out in 1840. The county is rich in soil, well watered, has an abundance of timber. Rockdale, on the railroad, is thirty miles southwest of Hearne, and fifty-eight northeast of Austin. Population in 1870, 8,984; assessed value of property in 1876, $1,936,661. It is watered by a number of creeks, of large size, which unite and form Little river. The surface is rolling, and in many places black, hilly and broken; timber consists of a variety of oak, cedar, ash, and other species, being principally confined to the bottom lands; there is, however, an abundance for ordinary jjurposes. A large portion of the soil is dark, rich and productive ; corn and cotton are the chief productions ; wheat and other small grains are raised successfully. Water, more or less impregualed with minerals, and frequently hard to obtain by digging; health generally good. 102. Montague. — Created in 1857 ; named for Daniel Montague, a pioneer surveyor; Montague is the county seat. Bounded north by Iiidiau Territory, east by Cooke, south by Wise, and west by Clay. It is in the miueral region, but has some good arable land on Red river. A silver mine is said to have been found a few miles northwest of the town. Victoria Peak is a pi'ominent feature in the landscape. Population in 1870, 890 ; assessed value of property in 1876, $541,562. 103. Montgomery. — Created from Washington and Nacogdoches, in 1837; named fur General Montgomery. Montgomery is the couuty seat. B jundcd north by AYalker, east by San Jacinto and Liberty, south by Harris, and west by Grimes. This is well watered by the San Jacinto river and its trib- utaries; has an inexhaustible supply of timber; and is an excellent agricul- tural county. The Houston and Great Northern Railroad passes tln-ongh the county. Willis is forty-eight miles north of Houston. Population of county in 1870, 6,483; assessed value of property in 1876, $1,477,744. 104. MoRRiss. — Created from Titus in 1875; named for W. W. Morriss; 686 HISTORY OF TEXAS. Dangerfielcl, named for Henry Dangerfleld, Secretary of War under Hous- ton's' second administration, is the county seat. Bounded north by Red river and Bo^yic, east by Cass, south by Marion and Upshur, and west by Camp and Titus. Dangerfield is on the East Line Railroad, thirty miles northwest of Jefferson. Assessed value of property in 1876, $411,776. Its characteristics similar to those of Cass and Upshur. 105. Nacogdoches. — From Naugdoches, an extinct tribe of Indians. Bounded north by Rusk, east by Shelby and San Augustine, south by An- gelina, and west by Cherokee. A Franciscan mission, for the Naugdoches Indians, was projected by Ramon in 1715, but perhaps it was a year later before it was actually commenced. The old stone house was built for a fort- ress in 1778. In 1800 the first Americans settled in the neighborhood. They were Captain Dill and his son-in-law, Joseph Darst, Samuel Davenport, Robert Barr, etc. In July, 1812, the place was occupied by the Republicans under Magee ; and again in June, 1819, Long took possession of the town and organized°an Executive Council, consisting of Horatio Bigelow, Hamlin Co'ok, John Sibley, S. Davenport, Stephen Barker, John C. Burnett, J. Child, Pedro Procillo and Bernardo Gutierres ; and for a short time a news paper was published. The region around Nacogdoches was granted to Haydeu Edwards to colonize, but this was broken up by the Fredonian out- break, and the contract given to David G. Burnet. In 1833, Decree No. 240 gave the town four sitios of land. In 1831, the District of Nacogdoches was formed, including all the terrritory between the San Jacinto and Sabine rivers. Henry Ruig was Political Chief. This was the headquarters of East Texas, and in 1835 a Committee of Safety was formed, consisting of Frost Thorn, Sam Houston and T. J. Rusk. Redford Berry was the last Alcalde. In 1836, Charles S. Taylor was Chief Justice. During the Repub- lic, a law firm in' Nacogdoches was formed by Pinckney Henderson, T. J. Rusk and K. L. Anderson. Population of the county in 1870, 9,614; assessed value of property in 1876, $1, 060,099. The agricultural products are corn, cotton, every variety of grain, potatoes, peas, pumpkins, etc.; the climate, mild and temperate; the soil in the bot- toms various, from the black stiff to sandy alluvial Of the uplands, one- fourth is a deep red soil, and the remainder a sandy soil. The seasons, very regular. There is timber of all kinds— oaks, hickory, black-jack, pine, wainutriirae, gum, sassafras, dog-wood. The rivers are the Angelina and Atoyac, which are the western and eastern boundaries of the county. Cot- ton is very productive, and from 1,000 pounds to a bale of seed cotton can be raised to the acre ; corn, from 20 to 40 bushels per acre, and wheat from 10 to 20 bushels per acre. Rice and tobacco grow luxuriantly. Wood, for fuel and fencing, is abundant. The building material is pine. Butter, milk, cheese, eggs and poultry are very cheap. Hogs are very easily raised, with- out any expense, and bacon is saved without diflaculty. 106. Navarko.— Created from Robertson in 1846; named for Jose Anto- nio Navarro. Corsicana is the county-scat. Bounded north by Ellis, east by Henderson, south bv Freestone and Limestone, and west by Hill. This is a fine agricultural and stock-raising county; Avell watered, and with a COU?fTY SKETCPIES. 687 moderate supply of timber. Corsicana is two hiiudred and ten miles north of llauston, on the Houston and Texas Central Railway. Population in 1870, 8,879 ; assessed value of property in 1876, $3,770,761. Climate mild; soil feitile; seasons often too dry, and sometimes too wet. Those farmers who ijvactice deep plowing, or sub-soiling, always secure good crops. There is a great deal of tine timber, and fine cedar-brakes of the red variety. The Trinity washes the north-eastern border of the county. Richland, one of its largest tributaries, Avith branches, waters nearly every part. Pastur- age good, and all kinds of stock do well. Wheat, rye, oats, barley, and tobacco are all cultivated here ; the two latter articles especially yield well. In many iocalities, wood for fuel and fencing is abundant; a good many farms altogether in the timber land. In some localities there is no timber, and the settlers in the prairies haul a considerable distance. As to building material, the people differ. They liave good clay for bricks, and some good brick buildings ; in some localities, plenty of limestone rock ; thousands of long, tall oaks, of half a dozen kinds; the elm, pecan, hickory, liackberrj^, walnut, sycamore, and various other forest trees common to this latitude and to calcareous soil; no pine nearer than the sandy lands, fifty miles east or seventy-five miles southeast. Butter, milk, cheese, eggs, and poultry abundant. Hogs ai-e easily raised by those living on the borders ot the timber, and near the rivers and creeks. Away from the timber land, the corn-cribis and the barley-stacks have to make liberal contributions, or the bacon hams will be small. Here bacon hams are as good as need be, and are savea sweet and kept for two and three years. 107. Newton. — Created in 1846, from Jasper; named for Sei-geant New- ton of the American Revolution. Bounded north by Sabine, east by Louis- iana, south by Orange, and west by Jasper. This is one of the finely tim- bered counties* bordering on the Sabine river. Poj)ulation in 1870, 2,187 ; assessed value of property in 1876, $254,259. 108. NuECEf*. — Created in 1846 ; named from the river of the same name. Corpus Christii is the county-seat. Bounded north by Live Oak and SaU' Patricio, east by the Gulf of Mexico, south by Cameron, and west by Buval. This is a large coast county, principally devoted to stock-raising. Corpus Christi is one hundred miles from Galveston by water, and is regularly visited by steamships. It has a railroad twenty-five miles to Banqneta. P. Dimitt wan one of the first Americans to settle in this county. This was in 1841, fifteen miles below the present town. In 1842, Kinney & Aubry commenced business at Corpus Christi; and this was General Taylors headquarters in 1846, before he removed to the Rio Grande. Lipantitlan, on the Nueces river, was occupied by Mexican troops in 1835, and captnred by Lieutenant Westover. Population of the county in 1870, 3,975 ; assessed value of property in 1876, $3,535,493. A number of streams flow through it into the Nueces river. The surface is undulating and sometimes level ; one-tenth part supplied with scrubby mesquite. The soil is of i-ich sandy loam, very productive wlicn there is a sufficiency of rain, and with early planting «jad deep cultivation very little raiu is required; and the same 688 HISTORY OF TEXAS. remark applies to nearly all the western coast counties. The bay bordering this county is a most beautiful sheet of water, and furnishes a great abund- ance of fish, oysters, etc., of the finest kind. Both health and water are goodc 109. Okange. — Created in 1852; Orange is the county-seat. Bounded north by Jasper and Newton, East by Louisiana, south by Sabine Lake and Jefferson, and west by Jefferson. This is a heavily timbered county of South-eastern Texas; watered by the Sabine and Neches rivers and their tributaries. Sabine Pass is its shipping point. Orange is one hun- dred and five miles east of Houston, on the line of the Houston and New Orleans Railroad. Population of the county in 1870, 1,255; assessed value of property in 1876, $395,376. This county has the rather rare advantages of navigation, as'the Sabine and Neches are both navigable all the year to the full extent of this county, and every inhabitant is within fifteen miles of one or the other of these streams. The county is about equally divided between wood-land and prairie. Cotton and corn are the chief products, and are grown chiefly on fai-ms in the timbered part of the county. Tobacco and rice are also considerable products, the latter being grown on the low hammock lands. All kinds of vegetables, and peaches and gi'apes, are abundant. The prairies are covered with cattle, and some sheep and horses are raised. Oranges are also among the fruits raised in gardens. 110. Palo Pinto„ — Created in 1856 ; Palo Pinto is the county-seat ; named for the river of the same name. Bounded north by Jack, east by Parker, south by Erath, and west by Stephens. This is a mountainous, stock-rais- ing county, watered by the Palo Pinto and Brazos rivers, and their tribu- taries. Fox and Wolf peaks are about two thousand feet above the sea level. Palo Pinto is about sixty miles west of Fort Worth. Assessed value of property in 1876, $371,736. The surface is undulating, often mountain- ous. The supply of timber consists in post-oak, live oak, and cedar, found in the bottoms. The soil is red loam, rich and productive everj^where, except upon the mountain ranges. Health and water remarkably good. 111. Panola. — Created in 1846; the name is Indian. Carthage is the county-seat, which was laid out in 1817 or 1848. Bounded north by Harri- son, east by Louisiana, south by Shelby, and west by Rusk. Population in 1870, 10,119; assessed value of property in 1876, $1,122,369. The surface is gently roUing and well watered by numerous springs and creeks, which flow into the Sabine in its course through the county. Inexhaustible quan- tities of pine are found in all sections; black walnut, oak of nearly all kinds, ash, hickory, and other varieties are also abundant. The soil is generally a sandy loam, its depth being from six to fifteen inches, with a foundation of red clay, or marl, which appears to be of nearly the same character as the red lands of Nacogdoches and San Augustine, and upon trial it has proved to be quite productive. The chief jn-oducts are cotton and corn, though wheat and other grains flourish well. The average yield per acre is eight hundreds pounds of seed cotton, and twenty bushels of COUNTY SKETCHES. 689 corn. Peaches are abundant, and flourish finely daring favorable seasons; figs and plums are also cultivated and do well, and apples and jiears could doubtless be raised. 112. Parker. — Created in 1865 ; named for the Parker family, of Parker's Fort; Weatherford is the county-seat. Bounded north by Jack and Wise, east by Tarrant, south by Hood, and west by Palo Pinto. This is a well watered county, somewhat mountainous, and interspersed with rich and productive valley lands; remarkably healthy, and well adapted either to agriculture or stock-raising. "Weatherford is about thirty miles west of Fort Worth. Population in 1870, 4,186 ; assessed value of property in 1876^ $1,551,333. Corn, wheat, rye, barley and oats are the principal products of the county. Experiments have been made in regard to raising tobacco, which have resulted very favorably, the article produced being heavy, and resembling the weed raised in Virginia. Climate is mild. The soil is of two kinds — the sandy loam and black land. The first kind, well cultivated^ produces the best crops of corn, while the latter produces more wheat. The wheat land produces generally twenty-five bushels per acre ; the cora land about fifteen to eighteen bushels. Nearly one-half o^' the land is tim- bered, the timber being suitable for feucing and rough houses. Building material consists of brick and rock. This county ranks second to none iu the State for water. The Brazos river runs through ibe county, and qaite a number of the tributaries of the Trinity river head in thi^s county , fine springs abound almost everywhere, and good wells can be had at. about twenty-two feet deep, at which depth there is generally found a white sand- stone rock. 113. Pecos — Created in 1850; organized in 1875; named from the Pecos river. Fort Stockton is the county seat. Bounded north by Tom Green, east by Crockett, south by Mexico, southwest and west by Presidio and El Paso. This county has an area of 2,600 square miles ; watered by the Pecos river on the northwest and the Rio Grande on the south, both of which have numerous branches. The valleys of these rivers and of numerous creeks are capable of irrigation, and by irrigation they pi'oduce most luxu- riant crops. In 1877, there were about 8,000 acres so cultivated, and the quantity can be indefinitely increased. Fort Stockton is a military post in latitude 30 deg. 50 min. north; longitude 102 deg. 85 min. west from Greenwich. It is on Comanche creek, 374 miles northwest of San Antonio, with which it is connected by semi- weekly mail stages, and 147 miles north, east of Presidio Del Norte, on the Rio Grande, iu Mexico. It is 4,952 feet above the sea level. A thousand or twelve hundred people live iu the neighborhood, and, by means of irrigating ditches, abundant crops are produced for their support and to supply tiie soldiers of the post. It has been but recently settled. Value of property in 1876, $20,120. 114. Polk — Created from Liberty in 1846 ; named for J. K. Polk. Liv- ingston is tlie county-seat. Bounded north by Trinity, cast by Tyler, south by ilardiu, and west by San Jacuito. The surface is undulating; watered '690 HISTOEY OF TEXAS. by the Trinity and tributaries of the Neches ; possesses an abundance of the best of pine timber, and is a good agricultural county Swartwout, on the Trinity, is the principal shipping point, and is about 125 miles, by water, from Galveston. Population in 1870,8,707; assessed value of property in 1875, $533,706. This is one of the finest and most wealthy counties of the State, [ts lands are of superior quality, and nearly all well adapted to farming. Cotton and corn are the leading products here, as iu all the lower counties. Some wheat and other cereals are raised. Sugar is being profit- ably grown by many of late years ; also tobacco and all other usual products. The wild grape grows abundantly in the wooded portion of the county. 115. Presidio — Created in 1850. Fort Davis is the county seat. Bounded on the northwest by Pecos, south and southwest by Mexico, and the north- west by El Paso. Fort Davis is a military post, 5,000 feet above the sea level, 76 miles west of Fort Stockton and 450 from San Antonio. It is a canon of the Limpia creek. The valley, though narrow, is cultivated by irrigation, and produces well. Spencer's Rancho, on the Rio Grande, opposite Presidio Del Norte,, is 100 miles southwest of Fort Davis, It is reached through a mountainous region, with but two settlements on the route. Large bodies of rich land in the Rio Grande valley are capable of irriga- tion, if protection could be afforded to life and propertj\ Back from the river the mountains are precipitous, and incapable of cultivation, though the hills afford fine range for stock, especially sheep and goats. There are evidences that silver and lead ore exist in great abundance in the Chenati range of mountains. They were formerly worked by the Spaniards. Popu- lation of the county iu 1870, 1,636; assessed value of property in 1876, $181,420. This county, even since Pecos was taken from it, is as large as three or four of the smaller States of the Union. 116. Rains — Created in 1870; Emory the county seat; named for Emory Rains. Bounded north by Hopkins, east by Wood, south by Van Zandt and Smith, and west by Hunt. It is watered by the head branches of the Sabine river, and is a fine agricultural county. Silver Lake is a station on the Texas and Pacific Railroad, near the southern line of the county, 118 miles west of Shreveport. Assessed value of property iu 1876, $315,574. 117. Red River — One of the original counties. It was formerly called Pecan Point. Bounded north by the Indian Territory, east by Bowie, south by Morriss, Titus and Franklin, and west by Lamar. There were set- tlements at Pecan Point, on Red river, as early as 1816-17. Among those settlers were the Wright family and a brother-in-law, Judge Martin, (killed by the Indians, and his son taken prisoner). A great many of Austin's colonists stopped on Red river and made a crop before entering the interior of the province. In 1831, B. R. Milam had a rancho on the I'iver, near the residence of Richard Ellis. Clarksville, the county seat, was laid out in 1835, and named for James Clark, an old settler. 1836, Richard Ellis represented that district in the Convention that declared the independence of Texas, and was Pi-esideut of the body. A. H. Latimer was also a mem- COUNTY SKETCHES. 691 ber of the Convention. At the same period Judge Ellis' son represented IVIiller county in the Legislature of Arkansas, Both lived in one house. So also, James Latimer represented the same constituenc}' in the Arkansas Legislature. This produced no confusion; but when the Sheriff of Miller county, Arkansas, entered the county to collect taxes, in 1837, he was driven off by a mob. The citizens preferred to belong to Texas, as at that time no taxes were collected in the Republic. Red River is a fine agricuhural county, about three-fourths timber and one-fourth prairie. Clarksvillc is 61 miles west of Texarkana, on the northern branch of the Texas and Pacific Railrood. Population of the county in 1870,10.653; assessed value of property in 1875, $1,686,865. 118. Refugio — An original county. Refugio is the county seat. Bounded north by Goliad and Victoria, east by Calhoun, south by Aransas and San Patricio, west by San Patricio and Bee. The Mission of Our Lady of Refuge was founded in 1790, aiid four leagues of land given to the town. A portion of the adjacent country was afterward included in Powers' grant. In 1809, according to a report of a priest in charge of the Mission, the Caranchua Indians had in the neighborhood 5,000 head of cattle and considerable land in cultivation. The mission church was a fine building, with plate-glass, and a chime of bells dated 1751. It is a stock-raising county. Population in 1870, 2,320: assessed value of property in 1876, $872,872. The climate is both mild and healthy, this county being situ- ated on the Gulf shore, and embracing within herself Hyne's bay, S;m Antonio bay, Mesquite, St. Charles, Aransas, Copano, and Mission bays, and is dailj'^ visited during the summer months by the fresh sea-breeze. The soil is rich and fertile, consisting of Sea Island cotton land, black, stiff, hog- wallow, black sandy and blaok loamy land, and I'ich bottom land, upon which groAV post-oakj live-oak, black-jack, mesquite, and ou the bottom land pecan, ash, elm, anaqua, hackberry, box-elder and white oak. The rivers are the Sau Antonio, Aransas and Mission. The Blanco, Medio, Chocolate, AVillow and Salt creeks furnish abundance of water to the large herds of cattle and horses that, graze ou the extensive prairies, clothed with mesquite and other grasses. 119. Robertson. — Created' from Milam in 1837; named for Sterling C. Robertson, Empresario. Bounded north by Falls and Limestone, east by Leon, south by Brazos and west by Milam; Calvert is tlie county seat. This county was ou one of the old routes of travel ; and during tlie Colonial period, there was a Mexican garrison and a few stores at Tcnoxticlan, ju>70, 16,916; assessed value of property in 1876, $2,005,640. The county has au inexhaustible supply of iron ore. A branch railroad, sixteen miles long, connects Henderson with Overton. There is an abund- ance of iron ore all over the county, and some specimens of coal or lignite, but no other minerals. There are some mineral springs, one near Mount Enterprise, which is considered very valuable, and is much resorted to by invalids for its healing qualities ; there is another south-east of Mount Enter- prise, some four or five miles distant, which is considered good in cases of dropsy and other diseases. The agricultural products are cotton, corn, wheat, rye, oats, barley, potatoes and tobacco. These are raised in large quantities, and for market. The Chinese and African sugai'-cane grow well, and most of the fanners make their own syrup. Rice is grown only by a few of the farmers. Buckwheat grows finely, and yields well, but very few i:)ersons raise it. The winters are variable ; there is sometimes snow and sleet, which generally melts in a day or two. The average of summer heat is about 80 degrees of Fahrenheit, The rains are generally seasona- ble, and crops never suffer much either from drought or excess of rain. The soil is generally sandy, but there are some gravelly red lands with clayey soil. The creeks and rivers are bounded by narrow bottom-lauds of alluvial soil. The county is covered over with all varieties of timber, such as different oaks, hickory, walnut, cypress, cane, pine and twenty other kinds. 122. Sabine. — The municipality of Sabine was created by the Executive Council December 15th, 1835 ; Milam is the county seat. Bounded north by Shalby, east by Louisiana, south by Newton, and west by San Augustine. This is a heavily-timbered, agricultural county. Population in 1870, 3,256; assessed value of property in 1876, $326,061. 123. San Augustine. — San Augustine is the county seat. Bounded north by Shelby, east by Sabine, south by Jasper and Angelina, and west by Nacogdoches. As early as 1826, there was an Alcalde's District on Ayish bayou. San Augustine was laid out by T. S. M'Farlaud in 1833. Decree No. 265, March 6th, 1834, created the municipality. The Aes, or Ayish Mission Dolores, was founded in 1717. The surface of the county is undu- lating ; well watered and timbered ; and the land is productive. Population COURT HOUSE AT AUSTIN, TEXAS. COUNTY SKETCHES. 695 in 1870, 4,196 ; assessed value of property in 1876, $978,384. The county of San Augustine is situated between the bayou Apolygotcli on tlie east and the Altoyac river on the west. In the central part of this county is a ridge of red lands, extending the entire length of the county ; the nature of this Soil is very excellent for farming, as it constitutes what geologists term a table-land of the richest upland in the State. A great portion of tliis red land has been cultivated for thirty years, and still yields an abundant har- vest of produce to the industrious laborer. The remaining lands are gray and very fertile. The county is intersected by never-failing sti'eams, every three or four miles, running from the north to the south. The lands immediately on these streams are bottom, and are similar to the delta lands of Louisi- ana, being of the most fertile character, and containing the same growth, namely, cypress, magnolia, oak, hickory, walnut, wild cherry, sumac and cane-brakes, which were originally almost impenetrable, but are now much thinned by the cattle. The bottoms vary in width from 100 yards to 1,000 yards ; adjacent to the bottoms are generally to be found hummocks, with timber of a smaller character to the bottoms, with the exception of the ever- greens, c}'press, canes and white oaks. These hummocks constitute the finest upland farms in the State, when the locality is free from liability to wash. Between the bottom hummocks and the next bottom and hummock are found the finest pineries in the world, both the long and short leaf; occasionally may be found flats in these pineries, where may be seen fine post-oaks. The geological period is part of the limestone and the sand- stone; in the latter are to be found large deposits of shells, denoting the previous existence of a vast amount of animalcula. The products are corn, cotton, wheat, rye, oats, potatoes, pumpkins and peanuts. 124. San Jacinto. — Created in 1870; Cold Springs the county seat. Bounded north by Trinity, east by Polk, south by Liberty, and west by Montgomery and Walker. This is a fine agricultural county, lying on the Trinity river. The Houston and Great Northern Kailroad passes along near the western line of the county. Assessed value of property in 1875, $479,921. 125. San Patricio. — San Patricio the county seat. This was settled by Irish colonists introduced by M'Mullen & M'Gloin. Four leagues of land were given to the town. Decree No. 283, April, 1834, created the munic- ipality. The settlement was broken up during the Revolutionary period of 1835-36, but was re-established during the Republic. County bounded north by Live Oak and Bee, east by Refugio and Aransas, south-cast by the Gulf of Mexico, and south-west by Nueces. Population in 1870, 625; assessed value of property in 187G, $745,774. This is a coast and stock- raising county, between the Nueces river on the west and tlie Aransas on t}\e east. It has considerable very good land, but like Nueces county, the droughts of summer are too frequent to make agriculture a reliable or a profitable pursuit. There is but little cotton raised, and yet it has good lands for upland and sea-island cotton. The few inhabitants are all engaged in stock-raising, and in this pursuit they make largo profits, and eooa 38 696 HISTOEY OF TEXAS. become indcpenclent -with very little labor. They easily raise all they require of the necessaries of life; such as corn, potatoes, vegetables, etc., while the proceeds of the annual increase of their stock is nearly all clear profit. Nearly half the county is covered with timber, such as live-oak and various other growths, but mesquite is the principal. The only building lumber is imported through Corpus Christi, which is the place of trade. There is a peculiar feature in this county, called the " Brasada," being an area of upland of about thirty-one square miles. It is covered with a thick growth of mesquite, interspersed with chaparral and the prickly pear. The land is a rich, dark loam, and would undoubtedly produce well; but scarcely any of it is cultivated, owing to the labor of clearing and preparing the ground. The Nueces is a small but navigable stream up to San Patricio town, the only obstruction being the reef between Nueces and Corpus Christi bays. No county can surpass this in health. 126, San Saba.— Created from Bexar in 1856; San Saba, on the river of the same name, is the county seat. Bounded north by Brown, east by Lampasas, south by Llano and Mason, and west by M'Culloch.* This is a hilly county, with some extensive cedar brakes. It is well adapted to wheat, etc. Population in 1870, 1,425 ; assessed value of property in 1876, $710,065. This county is situated about 100 miles north-west from the capital of the State, and bounded on the east by the Colorado river. The surface has the usual inequalities of the north-western counties; consisting of hills and valleys, the soil of the valleys being very productive. The county is well supplied with water by the Colorado and San Saba rivers, and their small tributaries, and by numerous fine springs. Some of the springs are of white sulphur water, and one of them is considered fully equal in its heal- ing properties to any in the United States. Considerable of the valley land may be easily irrigated, and this circumstance gives such lands great value. No more beautiful and productive farms can be found in the world than can be made in the San Saba valley, and from other irrigable lands in the county. The county is well supplied with all kinds of oak timber, elm, hickory, j)ecan, black cedar, etc. 127. Shackleford.— Created in 1858; organized in 1875; Fort Griffin is the county seat; named for Dr. Shackleford, Captain in Fannin's command. Bounded north by Haskell and Throckmorton, east by Stephens, south by Callahan, and west by Jones. For ten years there has been a military post at Fort Griffin; but it is only recently that this county has begun to fill up with permanent settlers. The lands are very rich. Population in 1870, 456; assessed value of property in 1876, $108,472. It is situated upon the Clear Fork of Brazos and Hubbard's creek, and includes a large portion of the very fertile valley of this stream. The Clear Fork enters the county from the west ; and taking up the Elm Fork, flows out into the north. The abandoned Fort " Fhantomhill," lies between these two streams, near ♦ The old Mission and Fort of San Saba is in Menard county. COUNTY SKETCHES. 697 their junction, and near the west line of Shackleford county. Willow, Cor- nelius, Baker's, Bonito, Jews, Parody, Liud, Cruizbaur, Crosby's, Hanover iind Panther creeks drain the western portion of this county, and are tribu- taries of the Clear Fork. The east is watered by Asylum, or West Fork of Hubbard's creek, by James, Mills, Panther, McKinney, Foyles, Trout and many other ci*eeks, all furnishing clear and cool water. The " divide " between the waters of Clear Fork and those of Hubbard's creek is an ele- vated range of iiills, densely timbered, and affording plenty of limestone and sandstone rock for all building purposes. 128. Shelby. — One of the original counties; name changed from Teueha to Shelby by Executive Council in January, 1835 ; named for General Shelby of Kentucky; Center is the county seat. When the name was changed, Emory Rains and James English were appointed Judges, and George O. Lusk, Chief Justice of the count}-. Bounded north by Panola, east by Louisiana, south by Sabine and San Augustine, and west by Nacogdoches. This is in what was formerly called the Red Lands, and the soil is very productive; undulating surface, well timbered. In 1842-45, this county' was very much disturbed by the conflicts between the " Regulators," who took the punishment of criminals into their own hands, and the " Modera- tors," who attempted to counteract the opposite iiarty. A good many lives were sacrificed before the supremacy of civil law was restored. Trade is carried on by water down the Sabine river, by steamboats. Population in 1870, 5,732; assessed value of property in 1876, $823,546. There is some iron ore in this county, but it has not yet been tested as to its quality. There is also lignite coal. The agricultural products are corn, cotton, rye, oats, barley, Irish and sweet i)otatoes, tobacco, peas and all kinds of Tege- tables in abundance. Rice is also raised on the low, marshy lands ; also the ribbon and Chinese sugar-cane, from which an abundance of fine syrup is made ; but no sugar as yet, though this might easily be done. The products raised for market are chiefly cotton and tobacco. The climate is nearly the same as the other coast counties of Eastern Texas, mild and healthful, with snow and ice very rarely in winter. The seasons are generally favorable for crops; droughts sometimes, but not often, cut short the crops. 129. Smith. — Created from Nacogdoches in 1846 ; named for General James Smith ; Tyler, for John Tyler, is the county seat. Bounded north by Wood and Upshur, east by Gregg and Rusk, south by Cherokee, and west by Henderson and Van Zandt. This is a wealthy and populous agricultural county, with an abundance of timber, good water and a rich soil. The sessions of the Supreme Court of the State for East Texas meet at Tyler, and also the United States District Court. Zavalla, on the International Railroad, is 35 miles southwest of Longview, and a branch road runs througli the county via Tyler, from Zavalla to Mineola, on the Texas and Pacific Railroad, near the northwest line of the county. Population iu 1870, 16,532; assessed value of property in 1876, $2,452,283. 130. Somervell. — A small agricultural and stock-raisng county, created 698 HISTORY OF TEXAS. in 1875; named for Alexander Somervell. Bounded north by Hood, east by Johnson, south by Bosque, and west by Erath. Glenrose is the county seat. It is on the Paluxy creek, two miles from the Brazos river. The county has an abundance of timber, and the best of soil and water. Assessed value of property in 1876, $182,313. 131. Starr. — Created from Nueces in 1848; named for James H. Starr, a pioneer settler ; Rio Grande City is the county seat. Bounded north by Duval and Nueces, east by Hidalgo, southwest by Mexico, and west by Zapata. This is a stock-raising county of the southwest, though farming is carried on to a limited extent. It is a large county, having an area of over 2,000 square miles. There is a military post at Ringgold Barracks, on the river, 130 miles from Corpus Christi. Rio Grande City is 100 miles from Brownsville. The river is navigable during most of the year to Roma in this county. Population, mostly Mexican, in 1870, 4,151:; assessed value of property in 1876, $981,666. « 132. Stephens.— Created in 1858; named for A. H. Stephens, (formerly called Buchanan) ; Breckenridge is the county seat. Bounded north by Throckmorton and Young, east by Palo Pinto, south by Eastland, and west by Shackleford. It is a well-watered stock-raising county. Population in 1870, 330 ; assessed value of property in 1876, $3, 390. This county contains some of the finest lands in Northwestern Texas» The valleys on Hubbard's creek are never forgotten by one who sees them. Level almost as a billiard-table, and covered with the finest of mesquite Plum, Baxter's, Buffalo or Tanahah, Holliday and otiier creeks, branches of Big Wichita and Beaver creek. The Little Wichita flows through the south- east corner of the county. Some of the finest springs of pure water may be found along the banks of Red river. Pease and Prairie-dog river. The St. Andrew Springs, near tlie mouth of Pease river, have gained a reputation and have become a camping place of military and sinweying expeditions. The soil of both counties is a rich red loam, in the elevated portions rocky and gravelly. The country in the forks of Pease and Red river is elevated, and hilly at the mouth of Prairie-dog-town river. In these hills there are many brooks of pure water and cool and limpid springs ; one of the finest is Pearl Spring. To the admirer of the sublime and beautilnl, I can i-ecommend a visit to this region of country; a most magnificent view pre- sents itself at sunrise to a person standing on the precipitous hills west of the moutii of tiie Kechee-aque-hono. The Wichita mountains rise in large dark-blue masses from the apparently unlimited carpet of bright buffalo and mesquite grasses. By the dark foliage of tiie timber, you can follow the course of tortuous streams and copy a map of the country from the original plot. The mountains appear not very distant, and you propose a short ride 718 HISTORY OF TEXAS. — still, from your high stand, at the mouth of the Kechee-aque-hono, you will find it fully twenty miles to the nearest mountains. But do not imag- ine this extensive prairie a region of dull monotony! — the picture is animated by droves of mustangs and herds of buffaloes, deer, and antelopes and occasionally chasing Indians will set the whole in motion with the sound of distant thunder. The timber iu "Wichita and "Wilbarger counties consists chiefly of mesquite, of which there are extensive forests — it covers half of "Wichita county. Along the water courses, especially along Beaver creek and the Little "Wichita, walnut, pecan, post-oak, chittam, wild China, hackberry, cotton- wood, etc., are found. There is also good building rock in different parts of the county; in Wichita county copper ore of a rich quality was found. In 1852, Dr. Shumard. one of the State Geologists, found specimens of the same ore on the opposite bank of Red river. There can be no doubt but that this county Avill equal any i^ortion of Texas or the United States as a grain country, and for stock-raising it will equal the range upon the Clear Fork of Brazos In conclusion we will remark, that the eastern border of the red lands of Western Texas {Bed Loam) is on a nearly dii-ect line drawn from, the mouth of the Little Wichita to the junction of the Concho and Colorado, and thence in the same course to the Rio Grande. The rich red land bottoms of the lower Red river were carried away in small particles from the High- lands of the West. Rain is sometimes scarce in the new counties of the northwest when the lower country has plenty of it ; at other seasons, the northwestern country is flooded when other portions of the State suffer from the drought. For instance, in the summer of 1857, when the whole country suffered from the extreme drought, the rains were excessive during the months of July and August in the country between the Upper Red river and the Brazos ; these streams were level with the banks, and sometimes impassable. It is thought that such rains are pretty regular and account for the " June rises " in Red river and Brazos ; these are certainly not caused by " the melting of snow in the mountains," as was formerly supposed. Greer.* — Named for John A. Greer ; created in 1860 ; lies north of * Greer county, containing? 3.4S0 square miles, or 2,227,200 acres, is claimed by the United States as having been ceded to the Government by the Choctaws and Chicka- saws, by a treaty, April 28th, ISGG. (See report of the Secretary of the Interior, for 1877, page 76.) This might be a valid title, provided tlie land belonged to the Indians. lUit in ISGO, when the Commissioners on the part of Texas, were engaged iu marking Unit line, AV^illiam II. Russell, the Texas Commissioner, absolutely refused to admit the boundaries claimed by the Indians ; and at first the United States Commissioner agreed that the north fork should be regarded as the main fork of Red river. This gave Greer county to Texas. In the old maps, Upt)er Red river is laid down as the Keche-ah-que. bono; and is designated by a crooked line, with no tributaries laid down. This is the case in Nohsh's map, used by John Quuicy Adams, in 1810; and Disturnell's map, used at Guadalupe Hidalgo, in 1848. Texas churns the north fork because that stream cor- responds more nearly with the general course of Red river, th:ui the middle or south forks; and the course of the north fork was more directly in the direction of the desig- nated initial corner, at the point where the lOOtli meridian of longitude crossed tiie thu'ty-six-thirty parallel of latitude. COUNTY SKETCHES. 719 Hardeman and Wilbarger counties. This county is still in dispute ; being claimed both by the United States and Texas. The Pan-Handle, or Llano Estacado. — The Legislature, in 1876, laid off fifty-four counties in this immense region of the State. Some of these counties are already filling up with settlements. The town of Clarendon has been laid off in Donley county, of which a newspaper account says: Fine fields of wild grass abound along the streams and on the uplands of Donley county. These fields will for the first time this year be harvested by a mowing machine. The present field crops now growing in Donley county are corn, oats, millet and beans. These are growing finely in the freshly-broken sod ground They have a growth at present equal to that of equal age in the older States. Water can be reached in Don- ley county at a depth varying from ten to forty feet on the valleys and lower uplands, and about fifty to seventy-five feet on the highest lands. On the farming lands generally a well need not be deeper than forty feet. Clarendon has a splendid mill site in the limits of the town. The following are the names given to these counties: Andrews, for Richard Andrews, killed at the battle of Concepcion; Armstrong, for a pioneer family ; Bailey, for an Alamo victim ; Borden, for Gail Borden, Jr. ; Briscoe, for Andrew Briscoe ; Castro, for Henry Castro, Empresario ; Car- son, for P. Carson, of Burnet's Cabinet ; Childress, for George C. Childress, who wrote the Declaration of Independence in 1836 ; Cockran, for a victim of the Alamo; CoUinsworth, for James Collinsworth ; Cottle, for C. W. Cottle, of the Alamo; Crosby, for Stephen Crosby; Dawson, for Nicholas Dawson (Deaf Smith) ; Donley, for Stockton P. Donley ; Fisher, for S. Rhoads Fisher; Floyd, for a victim of the Alamo ; Gains, for James Gains, of Gains Ferry; Garza, for an old Spanish family; Gray, for Peter W. Gray; Hale, for J. C. Hale, of San Jacinto; Hall, for Warren D. C.Hall; Hansford, for James M. Hansford, Speaker of the House of Representatives; Hartley, for O. C. and R. K. Hartley; Hemphill, for John Hemphill; Howard, for v. E. Howard; Hutchinson, for Andrew Hutchinson ; Kent, for an Alamo victim; King, for a victim of the Alamo; Lamb, for Lieutenant Lamb, killed at Sun Jacinto ; Lynn, for a victim of the Alamo ; Lubbock, for T. S. Lubbock ; Martin, for Wiley Martin ; IMitchell, for Asa and Eli Mitchell ; Moore, for Commodore E. W. Moore ; Motley, for Dr. Wm. Motley ; Nolan, for Philip Nolan ; Ochiltree, for W. B. Ochiltree ; Oldham, for W. S. Old- ham ; Parmer, for Martin Parmer ; Potter, for Robert Potter, of the navy ; Randall, fur a soldier; Roberts, for John S. Roberts; Scurry, for W. R. Scurry; Sherman, for Sidney Sherman; Stonewall, for T. J. Jackson: Swisher, for James G. Swisher; Terry, for Frank Terry; Wheeler, for Royal T. Wheeler; and Yoakum, for Henderson Yoakum, historian. In the general divisions of Texas, in Part 1, we gave a description of this most interesting, though little known, part of our State, by Colonel Shatter, who entered it from Fort Concho, on the south. We add some further notices of the country by persons who entered x'ia Red river, on the north. Mr. Wickeland and Colonel Emory were connected with the boundary survey in 1859-60 : 720 HISTORY OF TEXAS. Mr. Wickeland estimates the area as 27,250 square miles. He divides the Panhandle as follows: 1st, the southeast part, embracing the upper basin, or valley of Red river ; 2d, the southwest part, including a portion of "Llano Estacado," and 3d, the northern part, watered by the Canadian and its trib- utaries. The first part is mostly fertile, embracing the rich alluvial valley of Red river, making an area of about six thousand square mileSj or near four millions of acres, from eight hundred to one thousand feet lower than the plain on the west. ' The great width of the plain of the "Estacado," west of the sources of Red river, is one hundred and twenty-five miles. It is more or less a roll- ing prairie, with an elevation of 4,000 to 4,500 feet above the ocean, and is highest near New Mexico on the west. Want of rains greatly impair its value for agriculture, but, with the exception of some sandy and gravelly belts, it is covered with a thick growth of gamma and other grasses, afford- ing fine pasturage to almost unlimited herds throughout the year. Mr. Wickeland says a great portion of this region may be profitably cultivated by using the water that forms into ponds in the depressions after the rains. The soil is a red loam or clay, more or less sandy. But little is known of that part of the Panhandle north of the South Fork of Red river. Mr. Wickeland explored the country along the boundary line between the Indian Tei'ritory and the Panhandle, but thinks, as near as he could judge, that the true boundary, or the 100th meridian of longitude, is about one degree west of where it was located by Captain Marcy, of the United States Engineers. Following Marcy's line, the Canadian is one hundred and five miles north from Red river. The northern portion of the Panhandle is a succession of high rolling prairies, intersected by the numerous narrow valleys of small streams. Tlie principal streams are the South and North Forks of the Canadian, Dry river, the Mesquit creek, and other tributaries of the South Canadian. The North Fork has its source in Texas, near the northern boundary, and runs nearly due east. The South Fork comes from the canons of the Rocky Mountains, in New Mexico, enters Texas from the west, and also proceeds nearly east. The Panhandle is only moderately supplied with timber. The wide prai- ries are relieved of their monotony by an occasional view of timber growing on the banks of the streams and marking their course. Sometimes, also, fine groves of trees are found on the elevated lands and in ravines, and on the banks of the Canadian, and here are found excellent cedar, post and bur- oak. A few miles north of " Marcy's boundary line," on the north bank of the Soutn Canadian, Mr. Wickeland saw a large forest of oak timber, speak- ing of which Lieutenant Abert says: "On the 27th of September, in Long. 99° ir, on the north side of the Canadian, I passed through a country completely covered with a dense growth of oak, commonly called black- jack. This forest stretches back from the river as far as the eye can reach." Mr. AV. says that the Antelope Hills lie on the south bank of the Cana- dian, near marking the lOOth meridian, and are sometinies called the "boundary hills." Tlie hills are about 100 to 130 feet higli, with a table of sand-stone about fifteen feet thick. They are not situated on the same me- COUNTY SKETCHES. 721 ridian with the "Wichita Mountains, as represented on the maps, and persons looking for them will be disappointed. A considerable portion of the Panhandle is included in what is called the Gypsum Formation. The eastern limits of the Gypsum Formation extend fi-om the sources of the Colorado, in a northeast direction, over the heads of Eed river, and crossing the Canadian about two hundred miles west of Fort Smith. This formation is seen in every river bed and caiion as far west as Colorado Chiquite, in New Mexico. Wheat and other small grain may be successfully cultivated along the waters of Eed river and the Canadian. This whole country is admirably adapted to fruits and the grape, and to stock-raising. Mr. Wickeland says he found wild grapes, plums, currants, etc., in abundance in all parts of the Panhandle. Major Emory says: " In no part of the world does this luscious fruit (the grape) flourish with greater luxuriance than in the upper valley of the Rio Grande as far down as the Presidio del Norte," and the same general char- acter of the soil and climate extends to the Panhandle. Mr. Wickeland visited the Canadian in June and July, 1856, when the whole country west of the Mississippi was suffering from a severe drouth, and he says; "Not- withstanding this drouth, portions of the country were literally covered with plums and grape-vines loaded with most delicious fruit. Of grapes, I found two different kinds, both small and sweet, and of a dark blue color. The plums were frequently an inch in diameter, sweet and of a light yellow and red color, shghtly diflTei'ing from the Chickasaw plum. In fact, I went on this tour with nine whites and six Indians, without any provisions, and short of ammunition, and we lived for four weeks entirely on buffalo and fruits. Persons visiting the Panhandle country — in fact, the whole of Northwestern Texas— will be delighted with the balmy and salubrious air. The mean temperature in summer I found to be 80'' to 82". In the warmest seasons the thermometer hardly ever rises to 95°, and even then the heat is mitigated by the refreshing southern breezes, making the nights cool and delightful." COURT HOUSE. FORT WORTH. Part X. T^l\e S^ridulttLfe, jViki^ufkdtui'e^, doir\ir\efde AKD f^ublid Ii\^titutioi\^ of ¥exk^. AGRICULTURAL PRODUCTS. Cotton. — As cotton furnishes our leading article of export, we place it first among our agricultural products. Colonel Jared E. Groce, one of the earliest of Austins colonists, brought cotton seed with him to the Brazos river in 1821. In 1825 Colonel Groce erected a cotton gin, the first in Texas. The next year the Austins built one on the west side of the Brazos river, about ten miles above Columbia. This was subsequently burned, and the place has been known as the Burnt Gin Place. About the same time, Robert H. Williams built one on Old Caney, in Matagorda county. The staple was then packed in bales ot fifty and one hun- dred pounds, and transported to the Rio Grande on mules; 250 pounds constituting a mule load. In 1831 Edwin Waller sent a schooner load of cotton from the mouth of the Brazos to Matamoras. The cotton sold for sixty-two and a half cents per pound. Such was the rapid increase in the production of this crop that in 1834 it was estimated that the cotton for that year sold for $600,000. Cotton then brought an exorbitant price. We have no statistics showing the number of bales annually produced during the Republic, from 1836 to 1847. In 1848 the cotton crop amounted to 39,774 500 pound bales; in 1819, 38,824 bales; 1850, commercial esti- mate 31,405 bales — reported in the U. S. census tables, 58,072. la 1851, 45,900 bales; 1852, 62,433 bales; 1853, 85,790 bales; 1854, 110,325; 1855,. 80,739; 1856, 116,078; 1857, estimated, 200,000; 1859, 400,000 bales. In i860 the census tables place the crop at 421,463 bales — a large estimate. We have no reliable statistics of the crop during the war. The commercial esti- mate for 1865 was 188,810 bales; 1866, 191,720; 1867, 117,810; 1868, 148,083; 1869,246,846; 1870, commercial estimate, 319,274 — census report, 350,628 bales; 1871,293,450; 1872, 343,450; 1873, 487,771. We have no statistics of the crop of the State of a later date than 1873. It is generally conceded that two-thirds of the cotton crop passes through Galveston. The amount of cotton received at that point since 1873 is as follows: 1874, 354,927 bales; 1875, 465,529; 1876, 491,981. In 1877 the crop Avas cut short by the worms, and the receipts at Galveston were only 451,137 bales. The crop for 1878 is unusually promising, and it is likely that Galveston will receive fully 600,000 bales. If this is but two-thirds of the crop we may count upon producing this year 800,000 bales, constituting Texas the first cotton producing State on the continent. 728 AGRICULTURAL REPORTS. Corn. — As corn, all things considered, is the most valuable and indis- pensable crop, we give the report of our corn crop for different decades, as found in the U. S. census reports. In 1850 the crop amounted to 6,828,826 bushels; in 1860 to 16,600,702 bushels; and in 1870 to 20,554,538 bushels. Oats. — The census reports give our crop of oats in 1850 at 199,017 bushels; in 1860 at 955,865; and in 1870 at 762,693 bushels. Since that period there has been a rapid increase in the Texas oat crop. In 1876 large shipments were made from Galveston to New Orleans. Potatoes. — The reports of the potato crop, both Irish and sweet, are so meager that we hardly deem it necessary to reproduce the figures. But the average production of over 100 bushels to the acre, shows that this is both a reliable and profitable crop. As increased attention is paid to gar- dening, and our crops become more diversified, potatoes, both Irish aud sweet, will form no inconsiderable item in our agricultural j)roducts. Sugar and Molasses. — Immense tracts of our alluvial bottom lands, near the coast, are admirably adapted to the px'oduction of the ribbon cane ; but a variety of influences have prevented our farmers from going extensively into its culture. It has, however, been tried sufiiciently to demonstrate the reliability of this crop, and its adaptation to our soil and climate. Its cul- ture was introduced almost simultaneously with the Anglo-American colonists. In 1830, Mr. Williams, of Liberty, manufactured forty hogsheads of sugai'. Soon after this, cane was planted on the Brazos river in Brazo- ria county, and in Matagoi'da county on the Colorado. In 1850 the sugar crop amounted to 2,782 hhds. and 2,427 barrels molasses. In 1855 the crop had increased to 4,721 hhds, sugar, and 4,728 barrels molasses. In 1856 an early frost killed the cane, and the next year the sugar crop fell off to 124 hogsheads, with a corresponding falling off in the production of molasses. Since that period the production has been somewhat variable. In 1868, 1,800 hogsheads were produced; in 1870, 2,200; in 1871, 1,000; in 1872, 700 ; in 1873, 800 ; in 1874, 1,144 ; and there has been a steady increase since that period. The introduction of evaporators and cheaper machinery for handling and grinding the cane, is stimulating the production, and large numbers of small farmers are beginning to plant cane. Tobacco. — This has been raised in all parts of the State, from the earliest settlement of the country. During the colonial period, a bill was introduced in the Legislature of the State atSaltillo, prohibiting the raising of tobacco, as the govei'nment derived a considerable revenue from the monopoly of trade in the article. In this bill, an exception was made in favor of Aus- tin's colonists, who, at the request of the Texas delegate, were each permit- ted to plant one peck of seed to raise tobacco for his own use. The agricultural report estimates that Texas produces an aggregate of 500 pounds of tobacco to the acre. Experiments have demonstrated that the AGRICULTURAL EEPOETS. 729 finest quality of tobacco used in the manufacture of Havana cigars can be produced here. The State may, and probably in time will, produce mil- lions of pounds of tobacco per annum. "Wheat.— This great cereal grows luxuriantly over more than one-half of the State. The census report places the wheat crop of 1850 at 41,720 bush- els: 1860 at 1,478,345: and in 1870 at 1,414,103 bushels. The report from the Agricultural Bureau estimates tlie crop of 1870 at 1,225,600 bushels; 1872 at 1,377,000 bushels. A carefully prepared estimate of the crop in 1877 announces that in eighteen grain-producing counties of Northern Texas the yield was of wheat 3,277,600 bushels; of oats 6,757,500 bushels; and of barley 1,125,000 bushels; and this is but little over half the amount of these crops in the State. The common wheat is subject to rust, in wet sea- sons ; hence, some years the yield is very light. The Agricultural Depart- ment estimates the average yield per aci-e in 1868 at only eight bushels : in 1872 eighteen and a half bushels : and in 1875 at twenty-five bushels per acre. "We copy the following estimate of the Texas wheat crop from the annual review of the market, in the Galveston Neivs of September 15, 1878: "As a wheat-growing State,^Texas is destined, at no very distant day, to become one of the foremost, if not the foremost in the Union. Yet while we may appropriately speculate upon her vast capabilities, it will perhaps subserve no good end to exaggerate.what she has done and is doing in this respect. "The wheat crops of our State since 1875, inclusive— and previously to that year it is hardly worth while to take note for our present purpose- has been greatly over-estimated. The crop of 1875 was a good one as to yield and excellent as to quality, and that year may be regarded as the initial period of Texas's successful wheat-growing and milling; for the reputation made by her that year was so encouraging as to stimulate and cause a rapid increase of the acreage of wheat and her milling capacity. "The crop, however, in the following year, 1876, notwithstanding an in- creased acreage — though less than promised, on account of the threatening attitude of the grasshoppers about sowing time— yielded a considerably smaller return than that of 1875, the season being less favorable, nor was the grain so good. "The crop of 1877 was still smaller than that of 1876, the rust having cut it short by almost totally destroying the late wheat. Nor was the grain any better than that of 1876. "The crop of the present year, 1878, is perhaps larger than that of 1875, and therefore the largest ever raised in Texas. The grain is also, so far as natural development is concerned, of excellent quality ; but, much to be regretted, suffered very great damage by protracted wet weather following closely after the harvest. Very much of this damage is due to the slothful- ness and trust-to luck policy of many farmers. Instead of removing the wheat from the shock and housing or stacking as quickly as possible, many, to save a very trifling amr.unt of labor, left it in the shock awaiting the thresher— thus laying it liable to be caught, as was the case this year, in a 730 HISTORY OF TEXAS. protracted wet spell, when it becomes impossible to rescue it from damage or destruction. Much good wheat remains, however, and it is hoped enough to keep our mills running the better part or all of the season. ''After considerable investigation, we feel warranted in estimating the crops of the State as follows: 1875, 3,000,000 bushels; 1876, 2,000,000; 1877, 1,500,000; and that of 1878, say 3,500,000 at the outside. "The quality of Texas wheat is probably unsurpassed ; it weighs heavily, it being a common thing to weigh 63 pounds to the bushel, and millers say that for its looks, its turns out better, stronger flour than any other. It is susceptible of great improvement by careful selection of seed and more careful cleaning and grading for market. Thus treated, much of it would grade No. 1 in St Louis." The Agricultural Department at Washington publishes annually a report of the most important crops. These I'qports are rather meagre and imper- fect; but we copy a table showing the estimated production of the follow- ing articles for a number of years: Products. 1867. Corn Wheat . . Rve .... Oats .... Barley .. Potatoes. Tobacco . Hay .bushels ....do.... ....do.... ....do.... ....do.... ...do... .pounds. . tons Total a fl o u ® > a .2 3 > o H Indian Com . .bushels 23,000,000 1,250,000 103.000 1,250,000 (30,000 400,000 29 11.1 17.3 28.4 26.6 112 793,103 112,012 5,953 44,014 2.255 3,571 f 73 1 70 1 10 70 1 04 1 60 16,790,000 2,125.000 113,300 875.O00 62,400 640,000 Wheat ,... Rve Oats Barley Potatoes Tobacco do.... do.... do.... do.... do... ...pounds. . Hay . . . .tons 28,000 1.69 16,568 14 18 397,040 Total 978,076 21.002.740 1870. Indian Corn Wheat Rye Oats .... ..bushels. . do.... do.... ... do 23,690,000 1,225.000 95.000 1,500,000 54,000 400,000 26.5 11.7 19.1 21.6 30 128 893,962 104,700 4,973 69.444 1,800 3,125 1 06 1 73 1 11 1 00 1 33 1 33 25,111,400 2,119 250 105.450 1,500.000 •71,820 532,000 Barley Potatoes Tobacco do.... do.... ..pounds. . Hay . . . .tons 25,000 1.60 15,625 15 36 384,000 1,093,629 29 S'^o 9-^0 1871 Wheat Oats Potatoes ..bushels.. do.... do.... .....do.... do.... do.... ...pounds.. 20,847,000 551,000 42,000 675,000 42,000 220,000 19 11.5 12.1 25.1 20 105 1,097,210 47,913 3,471 26,892 2,100 2,095 1 11 1 97 1 65 1 04 1 35 1 85 23,140,170 1,085,470 69.300 702. OUO 56,700 407,000 Hay tons 22,500 1.07 21,0l'8 24 33 547,425 Total 1,200,709 90 008 065 1872. Indian Corn Wheat Rye Oats Barley Potatoes Tobacco . .bushels.. do.... do.... do.... do.... do.... . . .pounds. 1 27,934,000 1,377,000 54,000 783.000 51,000 270,000 25.3 18.5 17.2 25.4 26 110 1,104,110 74,432 3,139 30,826 2,040 2,454 43 1 65 1 38 81 1 00 1 89 12.011.620 2,272,050 74.520 034.230 61 000 510,300 Hay tons 34,400 1.13 30,442 13.52 465.088 1,247,443 10,018.808 Wheat Oats Potatoes ..bushels. . do.... do.... do.... do.... do 28.016,000 1,474,000 40.000 1,118.000 63,000 233.000 141.000 62,000 19 12.5 13 27.2 70 750 1.40 1,474,526 117,920 3,077 41,103 2,005 3.32S l,s8 44,286 75 1 35 1 11 84 86 1 49 22.5 10 92 21,012.000 1,989,!)00 44.400 939.120 54,180 347 170 Hay ...pounds.. . . . .tons 31,725 677,040 Total 1,686,493 25,095,535 ASYLUMS. In August, 1856, the Legislature set apart one hundred thousand acres of land each, for asylums for lunatics, for the blind, the deaf and dumb, and for orphans. The same Act appropriated $50,000 for the lunatic asylum, and $10,000 each, for the blind, and the deaf and dumb. Asylum, Blind.— In 1857, a site for this institution was selected in the north-western suburbs of Austin City ; Dr. S. W. Baker appointed Superin- tendent, and five pupils received. In 1858, $12,500 Were appropriated by the Legislature for the erection of buildings— Dr. J. H. Lightfoot, Superin- tendent; ten pupils in attendance. 1861, S. G. Haynie, Superintendent. 1862, Rev. Wm. A. Smith, Superintendent. During the war, the institu- tion was without the means of successful operation. 1866, Henry Thomas, Superintendent. 1867, Dr. S. W. Baker, Superintendent ; $9,600 expended for repairs on buildings. 1871, Dr. Alexander, Superintendent ; buildings enlarged. 1872, E. M. Wheelock and R. M. Mills, Superintendents. 1874, Dr. Fi-ank Rainey, Superintendent ; forty-two pupils in the institution. The objects of this institution are thus set forth in the report of Superin- tendent AYheelock, in 1872 : " The Institution for the Blind is not an asylum proper, nor an infirmary for the restoration of vision, still less a hospital or almshouse, but an educa- tional and industrial home, whose central principle is to render the blind self-dependent and self-supporting. It claims to be a school, like other schools, having its course of study and its system of discipline, but unlike other schools in general, it embraces a mechanical department for the training of its pupils in industrial work. Experience has decisively shown that, under proper training, the education of the blind has borne good fruit in the formation of teachers, mechanics, manufacturers, music teach- ers, choristers, organists, piano-tuners, etc. No individuals have turned their early advantages to better account, and in all parts of our State can be found those who once were received as helpless, visionless and friendless children into this institution, and are at this moment well-trained in their respective trades, with minds enlarged and manners softened by scholastic discipline, receiving constant employment, and supporting themselves in comfort from the proceeds of their labor. The age of twenty-four is fixed as the limit for admission, for the reason tliat the training of the blind requires much time and the docile impressibility of youth, in order to lay the solid foundation of an industrial and intellectual education. No charge is made for instruction, board or medical services, and the parents and friends of the pupils are called upon for no outlay beyond their traveling expenses and the providing of a suitable amount of good and comfortable clothino-. Every indulffonce is allowed consistent with habits of order; kindness is made the rule of government, and so seldom are punishments MASONIC TKMPLE AT PALESTINE. I. * G. X. R. R. DEAF AND DUMB ASYLUM. 735 invoked, that it may be said that they do not exist. More than any other afflicted class, the blind need the stimulus of fitting occupation, whether amusement, study or work; those are happiest who, with companions of their own class, and with constant occupation, tind at every step assist- ance, friendly hands and sympathy. Their true happiness is best consulted and best witnessed within the walls of an establishment, where they forget to be gloomy and morose, and where the social atmosphere proves tha blindness is not always melancholy." Asylum, Deaf and Dumb.— This Institution is beautifully located on the west side of the Colorado river, in full view of the city of Austin; went into operation in 1857, under the superintendence of Dr. J. W. Nostrand, who continued in the Supex-intendency until 1876. It was opened for the reception of pupils on the first of January, 1857, the trustees having rented the premises which are still occupied for one year. In 1858, these premises, consisting of fifty-seven and a half acres of land and several small wooden buildings thereon, were purchased as the permanent site of the institution, the Legislature having made an appropriation of $7,500 for that purpose. The price paid for the land and improvements was $5,500, and the remaining $2,000 were expended in making the necessary alterations and additions for the accommodation of a larger number of pupils. The institution contin- ued to prosper and inci-ease until the breaking out of the war, when it suffered a temporary check, but at no time have the pupils been dispersed or the regular sessions interrupted. In 1858 there were eighteen pupils. The report for 1862, shows the total number received to that "date, thirty- eight; of whom twenty-two were still in the institution. In 1867, $7,500 were expended in repairs. In 1874, there were forty-two inmates of the institution. In Governor Coke's message to the Fourteenth Legislature, in January, 1875, he says of this State Institution : *' Under the excellent management of Superintendent Van Nostrand, whose qualifications and fitness for the place are very superior, the unfort- unates, who in this institution are receiving the care and aid of the State, are pleasantly situated, and present in their smiling and cheerful faces, abundant evidence of the parental kindness with which they are treated and controlled, and of their grateful appreciation of their surroundings. Their ready intelligence and the proficiency they exhibit in the various branches of study, indicates capacity and industry in their teachers, as well as a thorough knowledge of the peculiar and difficult system through which they are taught. It is suggested, for the consideration of your honorable bodies, that while as a school for the education of these afiiicted children, this institution, thongli limited in its capacity, so far as numbers are con- cerned, is an admirable one, that by extending the education of the pupils to some useful or mechanical trade, by which they would be enabled after leaving school to earn a livelihood, the practical utility of an education there, would bo very much enhanced, and the benefit conferred would be more real and substantial. The pupils in this school, with the usual train- ing, would make good mechanics or artizans, and good printers. They are quick, intelligent and apt ; their physical development is generally good, 40 736 HISTORY OF TEXAS. and iivhen their understanding is reached, their action is as prompt and intelligent as that of those not atilicted as they are. It is recommended that an appropriation be made for the purchase of a printing jn-ess, and so much material as may be necessary to be used. in teaching the printer's art, as one of the branches of instruction of this institution. The benefits con- ferred will, to them, be great, while the cost to the State will be insignifi- cant." In March, 1876, General Henry E. M'Culloch was appointed Superin- tendent. There were then forty-seven inmates — thirty boys and seventeen girls. Asylum, Orphan. — No State Orphan Asylum has ever been opened. In 1867-68, an orphan asylum — primarily for the children of deceased Confed- erate soldiers — was opened at Bayland, in Harris county, by Rev. Mr. Preston. He was succeeded in the SuiDcrintendency by Major H. F. Gil- lette. It is under the management of a board of trustees, who perform all their duties gratuitously. In 1873, the Legislature gave to this institution a portion of the land set apart in 1856, for an orphan asylum. "We have no statistical report. Asylum, Lunatic. — In 1857, a site was selected three miles north of Aus- tin, and Dr. Perry appointed Superintendent. 1858, Dr. C. G. Keenan, Superintendent. 1862, Dr. J. M. Steiner, Superintendent. Dr. Steiner reports that since the institution was opened, sixty-seven patients had been received: 49 males and 18 females; and of this number 21 had been restored to their proper mind and returned to their friends. In 1865, Dr. B. Graham was Superintendent. 1866, Dr. Beall, Superintendent; 54 patients. 1867, the admission of freedmen necessitated an enlargement of the premises, and $35,000 was expended in the purchase and impi'ovements of the Cross propei'ty. 1870, $20,000 appropriated for new buildings; James A. Corley, Superintendent; 83 inmates. 1871, 95 inmates; 48 males and 47 females (12 colored). 1872, J. F. Weisselberg, Superintendent; average number of inmates, of whom 20 per cent, were restored. 1874, Dr. B. R. Wallace, Superintendent; 127 inmates. 1876, September 1st, 201 patients — 119 male and 82 female. PUBLIC BUILDINGS. State House.— The most conspicuous public building in Austin is the State House, beautifully situated on a commanding eminence at the head of the ave- nue, in the northeastern portion of the city. The foundation-stone was laid with appropriate ceremonies, July 4th, 1852. It is three stories, 140x90 feet ; floor of the lower story oolile marble, inlaid in cement. Two passages, 20 feet wide, cutting each other at right-angles, run through the length and breadth of this story. There are twelve rooms, occupied by the Executive Depart- ment for ofEces, etc. A broad stairway ascends from the front to the second story, and another from the Inside reaches this story in the rear of the build- ing. The second story contains the Senate Chamber and the Hall of the House of Representatives, with some committee rooms, etc. The third story has the geological cabinet. State library, and other rooms used by commit- tees, etc. It is built of the limestone of the neighborhood; foundation ten feet in tlic ground. From the bottom of the wall to the top of the dome it is 101 feet. The original cost was estimated at $150,000, and $25,000 for furniture. Rooms of the Supreme Court. — This building is in the inclosed area of the Capitol grounds, a little )iorthwest of the main building. It was built originally for a land office ; then fitted up for the State Department, and, in 1870, refitted and appropriated to the uses of the Supreme Court. The General Land Office. — This building stands outside of the Cap- itol inclosure upon an eminence on the east side of Congress avenue, and nearly fronting the Governor's House. It is built of stone, of a harder kind than the Capitol. It is two full stoi'ies in lieight, with semi-circular windows and high commanding roof. It contains fifteen rooms, connected with each other by corridors and spiral stairways. On account of its loca- tion and construction, it is much the most pleasing of the public buildings in appearance. Cost, $39,000. Built, 1851-2. The Treasury Department. — This edifice is situated within the Capitol ground, to the rear of the Capitol, on the east. It is of the same material as the Capitol, being two stories in height, and entered by a flight of wind- ing, stairs through a portico into the secontl story. The basement is strongly vaulted. The Comptroller and Auditor have their oflices in this building, which contains some twelve rooms. It is square-roofed, well supplied, as are all the public buildings, with ample cisterns. Cost, $35,000. The Governor's House. — This is a brick edifice located upon an eminence on the west side of Congress avenue, near the Capitol. It is two stories, having a portico extending along its whole front, with six Ionic columns and square roof. It is enclosed by a neat paling, with graded grounds, and is a neat structure. Whole cost, $17,000. Built in 1855. CHURCHES. During the eighteenth and. earlier years of the nineteenth century the Eomau Catholic religion was established by law, and uo other form of Christianity existed, as will be seen in the history of the '' Old Missions.' Those established for the conversion of the Indians were under the jurisdic- tion of Fathers of the Order of St. Francis. In 1790, Texas belonged to the bishopric of Guadelaxara, and in 1793 to that of Monterey. The Missions were secularized. In 1805, Bishop Primus Feliciana Maria visited Texas to regulate the affairs of the Church. There were priests at various points: at Spanish Bluff, Jose Angel Cabaso; at Sau Antonio, Father McGuire ; at the Alamo, Clement Delgado, and at Paso del Norte, Jose Prado. In 1830, there were regular priests at San Antonio, Goliad and Nacogdoches. Father Henry Doyle was the minister for the Irish colonists at San Patricio. In 1831, Austin's colony was visited by Father Michael Muldoon. At Brazoria, Mr. Muldoon was entertained by John Austin, and at San Felipe by Samuel M. Williams. He passed through the principal settlements, baptizing and marrying such as desired these rites. In the ab- sence of a priest, parties were married by a bond before an Alcalde. At Abner Kuykendall's, ou Mill creek. Father Muldoon married four couples and baptized over one hundred. His charge was $25 for marrying and $2 for administering baptism. After the revolution, Galveston was erected into a See under Bishop Odin. The cathedral was built in 1847-8. When Bishop Odin was transferred to the Arch-Episcopal See of New Orleans, he was succeeded in the See of Galveston by Bishop Dubois. lu 187 -i, two new dioceses were formed : that of San Antonio, Bishop Pellicer, and Brownsville, Bishop Mauncy. The new Bishops were consecrated by Bishop Perche, at Mobile, December 8th, the Feast of the Immaculate Con- ception. In 1875, there were in the three dioceses eighty-three priests, eighty-five churches, one hundred and sixty-five chapels, and an estimated jiopulation of 200,000. (See statistical table below.) B^vPTiST. — Among the early colonists in Texas were a few belonging to the Baptist church. In 1825, Elder Joseph Bays visited Texas and preached at the house of Moses Shipman, on the Brazos. In 1829, Thomas Hanks preached at the same place, and the same year Thomas J. Pilgrim organized a Sunday school in San Felipe. A church was organized in Austin's colony in 1833. In 1837, Elder Z. N. Morrell organized a church in Washington. In 1838, Union Church, near Nacogdoches, was constituted by Elder Isaac Reed. In 1*839, churches were organized at Independence, Washington county ; at Travis, Austin county, and at Plum Grove, Fayette county. The Union Association was formed at Travis, October 8th, 1840. Elder Iluckins organized tlie church in Galveston in 1840, and that in Houston the next year. During IS 11 the church in Gonzales was organized by Elder Morrell. lu 1843, the Sabine Association was formed, five churches being represented. illiilil PROTESTANT CHURCHES. 741 In the same year Border Church was organized in Harrison county by Elder Lemuel Herrin, and that in Huntsville by Elder Morrell. In 1846, Baylor University was chartered; Lake Soda Association was formed in 1847, and those of Trinity river and Ked river in 1848. The State Convention was organized at Anderson in 1848. From a table before us, we learn that in 1853 there were eleven associations of the regular Baptists, and three of the Anti-Mission, one hundred and fifty churches, and about ten thousand mem- bers. In 1868, a General Association was formed in North Texas. In 1875, there wei-e forty-three associations, nine hundred and ninety-five churches, six hundred and four ordained ministers, and 54,000 members. Necrology. — In 1847, Rev. William M. Tryon died of yellow fever in Houston; in 1854, Thomas Chilton in Huntsville; 1859, J. B. Stiteler; 1865, Michael Ross; 1867, Noah Hill and S. G. O'Brj^an; 1868, D. B. Morrell; 1873, R. E. B. Baylor. (See note, page 744.) Christians, or Disciples of Christ — Have had preachers and regular congregations in Texas since the days of the Republic. We have no relia- ble statistics of the denomination. In Governor Hubbard's speech at the Centennial, he places the number of their members in the State at 7,000. Episcopal, Protestant. — In 1838, Rev. Caleb S. Ives collected a congre- gation and built a church in Matagorda. The same year Rev. R. M. Chapman organized a parish in Houston. In 1840, Bishop Polk visited Texas, and in 1841 Rev. Benjamin Eaton was sent as a missionary to Gal- veston and Houston. Having built a church in Galveston in 1842, Mr. Eaton became its permanent rector, [n 1843, Rev. Charles Gillette supplied the parish in Houston. In 1844, Rev. G. W. Freeman was consecrated missionary bishop of Arkansas and Texas. The diocese of Texas was or- ganized at a convention held at Matagorda, January 1st, 1849. In the convention six clergymen represented six parishes. In 1854, there were reported sixteen parishes and fourteen clergymen. In 1859, Texas was constituted a separate diocese, and Rev. Alexander Gregg constituted bishop. In 1874, two new dioceses wei'e formed: that of Western Texas, Right Rev. W. B. Elliott, bishop, and Northern Texas, Right Rev. Alexander C. Garrett, bishop. In Governor Hubbard's Centennial speech he places the number of communicants at 3,000. Rev. Mr. Ives died in Matagorda in 1849, and Rev. B. Eaton in Galveston in 1871. Methodist Episcopal Church, South. — Rev. Henry Stephenson, of the M. E. Church, preached in Austin's colony in 1824. A camp-meeting was held and a church organized near San Augustine in 1833, and a similar meeting held and a second church organized near the residence of Rev. John W. Kenney, in Austin county, in 1834. In 1837, the M. E. Church sent three missionaries to the Republic: Rev. Martin Ruter, D.D,, Rev. R. Alexander, and Rev. Littleton Fowler. The Texas Annual Conference was organized at Rnterville by Bishop Waugh, December 25th, 1840. In 1844, the Church separated into two distinct organizations, the Texas Conference 742 HISTORY OF TEXAS. adhering to the M, E. Church South, and the same year the East Texas Conference was organized by Bishop Janes. The West Texas Conference was set off by Bishop Pierce in 1858 ; the Northwest Conference by Bishop Marvin, in 186G; the North Texas Conference was organized by Bishop M'Tyeirc, at Waxahachie, in 1867, and the German Conference was organ- ized by Bishop Keener, in Houston, in 1874. Tlie following figures, taken from the published minutes, show the number of ministers, traveling and. local, and members, white and colored, for the years given: Years. Itinerant. Local. White. Colored. 1S40 19 86 244 . 280 40S 25 182 461 526 755 1,743 10,489 30,661 34,772 72,509 237 IfSSO 1,847 I860 7,355 1870 2,007 1878 Note. — For further information, see Thrall's History of Methodism in Texas. Methodist Episcopal (JVbr//i). — The Texas Conference of the Methodist Episcopal Church was organized by Bishop Simpson, in Galveston, in 1867. Two other Conferences were oi'ganized by Bishop Harris, in 1874; and a fourth by Bishop Peck, in 1876. Our latest statistics are for 187-4. There were then 189 traveling and 248 local preachers; 16,930 full members, and 3,706 probationers; 105 church buildings, and 12 parsonages. Value of church property, $123,005. Methodist Episcopal, (African) . — Has two Conferences in Texas. This church is served by Bishops of their own color, and composed entirely of colored people. In 1873, they reported 5,783 full members, and 1,291 pro- bationei's; 91 local preachers, and 54 churches, valued at $43,609. Methodist Episcopal, (Colored). — Has also an efficient organization of Conferences, districts, circuits, etc., but we have no statistics. Methodist Protestant. — This body dispenses with Bishops. It has, we believe, two annual Conferences in Texas. We have no statistical report. In Governor Hubbard's Centennial speech, he places the number of mem- bers at 2,000. Presbttekian.— As early as 1834, Eev. P. H. Fullenwider, of the Pres- byterian Church, preached in Texas. During the summer of that year, he assisted in holding a camp-meeting in Austin county. In 1838, Rev. Hugh Wilson organized a church at San Augustine, and another at Independence. During the same year, Ilcv. John M'CuUough organized a church in Gal- veston, and llev. Wm. Y. Allen in Houston. The Brazos Presbytery was organized at Gay Hill, Washington county, April 3d, 1840. Two new Presbyteries were organized in 1850, and in 1851, a Synod was organized at Austin. The following are the statistics for 1877-78: Ministers 81, PROTESTANT CHURCHES. 743 licentiates 1, candidates 5, chui'ches 141, elders 337, deacons 173, mem- bers added on examination 462, on certificate 507 ; total membership 5,351. Adults baptized 139, infants 261, number of baptized non-commun- icants 1,073, number of children in Sabbath-schools and Bible classes 4,127. Amount contributed for sustentation $895.00, Evangelistic fund $539.00, invalid fund $383.00, foreign missions $796.00, education $898.00, publica- tion $312.00, presbyterial $597.00, pastors' salaries actually paid $34,690.00, congregational $20,012.00, miscellaneous $2,161.00, making a total of money raised $61,283.00, which is $11.45 to each communicant. Necrology. — Rev. John LimTser died in 1848; L. S. Gibson in 1853; Jerome Twitchell, lost at sea in 1856; Dr. Daniel Baker died in 1857; Thomas Castleton in 1865, lost at sea ; Rufus W. Baylie in 1866 ; Hugh Wil- son in 1868 ; John M'CulIough in 1870; Wm. C. Blair in 1873. PresbyteriAn {North.') — The Presbytery of Austin is a body connected with the Presbyterian Church in the United States of America, (familiarly known as the Northern Presbyterian (/hurch) was organized July 16th, 1868; three ministers and an equal number of churches being represented. The following statistics of this bod)'' were furnished by Rev. E. B. Wright, of Austin, in 1875 : 12 churches, 9 ministers and one licentiate, 420 chui'ch members, 700 members of Sabbath-school, and raised for all purposes, $8,787. Presbyterian {Cumherland) . — Rev. Sumner Bacon, of the Cumberland Presbytei'ian Church, visited Texas in 1828 ; and in 1832 he was employed as a colporteur of the Natchez Tract Society, and assigned to work in Texas. In 1834, Rev. Milton Estell organized a church in Red River county ; and in 1836, Mr. Bacon organized one near San Augustine. The first Presbytery was oi-ganized with the church near San Augustine, in 1837. The Red River and the Colorado Presbyteries were organized in 1841. The Synod was organized at Nacogdoches in 1842, Sumner Bacon, Moderator. The Brazos was organized in 1849, and the Colorado Synod in 1853. The Gen- eral Assembly of this church met in Jefferson, Texas, in 1875. There were present, Revs. Sumner Bacon and M. Estell, who organized the first churches of the denomination in the State ; and Rev. Mr. Await, the first minister of this church ordained in Texas. Our latest statistics are from the report to the General Assembly in 1874 : 177 ministers, 205 congrega- tions, 8,450 members, and jDroperty valued at $147,571. We annex the following, condensed from the United States census repoi'ts, giving all the figures furnished in reference to the various church organiza- tions, for the three censuses since the annexation of Texas to the Union : 744 HISTORY OF TEXAS. 1850. All Deuominations A Euptists Christian Episcopal, Protestant Lutheran Methodist Presijy terian, Regular Presbyterian, other Roman Catholic 1860. All Denominations Baptists Christian Episcopal, Protestant Lutlieran Methodist Presbyterian, Regular Presbyterian, other Roman Catholic 1870. All Denominations Baptists Christian Episcopal, Protestant Lutheran ^ Methodist Presbyterian, Regular Presbyterian, other Roman Catholic 341 82 5 5 2 17(j 45 3 13 1,034 280 53 19 19 410 72 52 33 647 211 17 31 21 244 70 14 36 63,571 1U,6S0 100 1,025 1,300 33.045 8.320 195 6,7ti0 271,196 77,435 15,4<'5 8,528 3,510 103,799 19,067 19.350 12,772 199,100 61,700 4,450 11,400 7,650 119.100 22,750 4,850 16,000 204,93(> 21,090 150 15.100 1,000 58,195 20,070 74,700 1,095,254 228,030 27,305 111.250 20,5i'0 314,434 120,550 47,430 189,900 1,055,430 196.540 11.630 J0I»,400 47,000 251.140 128,500 14.100 264,200 Note. — Since the above was in type, later statistics have been received. For the Baptist Church for 1879, reported by Rev. Wm. Carey Crane, D. D., LL. D., President Baylor University, Independence: — The v^rhite Baptists in Texas have 52 Associations; 943 ordained ministers; 75,143 members; 1,183 churches; and the colored Baptists have 23 Associations; 509 churches, and 50.000 members. Total membership, 125,143. Total value of church property, $1,015,200. , Rev. Mr. Wofford, editor of the Texas Observer, reports for the Cumberland Presbyterian Church, for 1S78: — 4 Synods; 16 Presbyteries; 1S5 ordained min- isters ; 37 licenciates, and 37 candidates for the ministry ; about 400 congregations, and iS,ooo members. Rev. P. St. John, of Corpus Christi, reports for the Catholic Church in Texas: — Two Dioceses, and one Vicarate apostolic; churches and chapels, 112; priests, loi ; ecclesiastical students, 9; academies and convents, 25; colleges, 6; parochial schools, 20; charitable institutions, 4; catholic population, 104,000. TEXAS MILITARY INSTITUTE. AUSTIN. COMMERCE. Comparatively little attention has been paid to the preservation of the history of our commerce and navigation. As early as 1835, the late Com- modore Morgan sent one of his steamships, the Columbia, to Galveston. We believe Mr. Morgan owned a controlling interest in the steamships, New York, Capt. Wright, and the Neptune, Captain Rollins, which ran between New Orleans and Galveston in 1841-45. In 1847, by the purchase of the steamships Palmetto, Capt. Smith, and the Galveston, Captain Crane, Messrs. Harris and Morgan obtained control of the carrj'ing trade between New Orleans and the Texas coast. In 1848, those steamers were sent to Matagorda Bay, and a little later, to other points in the west ; down as low as Brazos St. Jago. In 1849, Captain Jerry Smith took from Matagorda Bay the first cargo of cattle shipped from Texas. In 1857, (Jommodore Vanderbilt opened a new route via Berwick Bay ; but this soon passed into the hands of Mr. Morgan, who gained control of the railroad from New Orleans to Berwick. In 1867, Mr. Morgan deepened the channel at Eed Fish and other bars, so that his steamers now ascend Bufialo bayou to Chnton, a few miles below Houston. He also purchased a controlling interest in the Houston and Texas Central Railway. Commodore Morgan died in May, 1878. A newspaper contributed the following sketch of one of the first sail vessels in the Texas trade: " This ship, the Star Republic, was originally a barge. She was built by Sylvester Gildersleeve, at Portland, Conn., for the Galveston trade in 1842. She was owned by S. Gildersleeve, Wm. Hendley and J. J. Hendley, and sailed fi-ora New Yoi-k on her first voyage the 12th day of October of that year, and arrived in Galveston on the 25th of the same month, making the passage in thirteen days. J. J. Hendley commanded her. She was consigned to Messrs. Meugurs & Garcia, mer- chants of Galveston. In July, 1842, she was taken to Portland, Maine, and changed into a ship. She sailed from New York on the 3d of October, the same year, and arrived in Galveston on the 18th of same month, making the passage in fifteen days. During her stay at Galveston, sixteen vessels of foreign tonnage were lying in the harbor, and the Star Republic was the only one that flew the American flag. This was before annexation. She was a fast and favoi'ite ship, and often made passages in from twelve to fifteen days. She was in the 6th of October hurricane off the northcst point of Abasco in 1844. Her foreyard broke in the slings, her maintop- mast was carried away, and her sails blew from the yards after they were furled. The light-house on Sand Key was blown down, and Key West inundated in the same hurricane. In September, 1855, Captain D. N. Moss took command of the ship, and J. J. Hendley retired from the sea and became a partner in the mercantile firm of Wm. Hendley & Co. This ship was the pioneer of the Texas and New York line of packets, and Avas the first vessel that flew the national flag of the Republic of Texas for her pri- •48 HISTORY OF TEXAS. vate signal. She was sold in 1847 to make room for the following vessels of larger capacity: S. F. Austin, J. W. Fannin, AV. B. Travis, W. H. Wharton, Montauk, National Guard, J. C Kuhn, S. Gildersleeve and B. E. Milam. In 1849 she burned at sea, 150 miles north and east from Cape Hatteras." A model of this ship figures conspicuously among the curiosities that are preserved by Captain Hendley in his studio. Before the late civil war the commerce with the northern cities and European ports was carred on, mostly in sail vessels, though occasionally a steamer would engage for a short period in the trade. Since the close of the war, steamship lines have been established between Galveston and New York ; and also with European ports. We have no accurate statistics of the shipping business of any Texas port except Galveston; and it is, perhaps safe to assume that Galveston controls two-thirds of the trade of the State. From the '' annual review " of the News we take some figures, illustrative of the business of that city. COASTING TRADE OF GALVESTON FROM 1870 TO 1877.— NO. OF VESSELS. Totals for Fiscal Years. 3 q; 1876-7 388 407.382 1875-6 428 485,535 1874-5. 1873-4. 1872-3. 1871-2. 1870-1. 460 '428 ,334 490 450.8311 636 5G9.206 481 j 346.473 522 362 ,8! to Totals for Fiscal Years. 1876-7. 1875-6. 1874-5. 1873-4. 1872-3. 1871-2. 1870-1. 3 ^ 301 311 531 315 422 49.-1 591: 263.792 290,956 2N5.970 274,919 424.848 :!22.565 349.990 FOREIGN TRADE. Total for Fiscal Year ending June 30th. ENTERED. No. Tons. 1877 167 177 167 206 156 115 137 99,386 1876 85,598 1875 99,175 1S74 124,316 1S73 7i».170 1872 50.933 ISTl 70.508 CLEARED. No. Tons. 165 191 208 241 175 116 103 102,744 107.192 127.577 145,237 92.998 54.589 83,059 A' 'sscls. Tons. Total vc num ston clurin t sou, 3er of Documented Vessels owned in the District of Gal- 197 9 16 9,310 Built g the year. . 239' Lost : wrecked or abandoned. . . . 3S7 FOREIGN TRADE. 749 The appai-ent deci-ease in the number of vessels entered coastwise may be aceounted for by the tact that the Morgan steamers do not generally enter at this port. They only touch here to land part of cargo, passengers and mails, after which they receive a permit to proceed to Clinton with original manifest, where the entry is made. IMPORTATIONS Importations of free commodities Importations of dutiable commodities. Total 1876-77. $1,155,808 201,680 $1,147,328 $1,357,488 COUNTRIES WHENCE IMPORTED. Imported From. Value. 1877-78. Value. 1876-77. Brazil $916,505 965 186.242 38,614 3,023 375 ' i',664 $1,117,739 96 Cuba England 168,347 52 634 Mexico Germany 9.687 Frame 7,945 Central America British West Indies ....' Spain 43 436 Portugal 561 Scotland Total $1,147,328 $1,357,488 EXPORTATIONS. Countries to which Exported Value. 1877-78. Value. 1876-77. England 9,198.112 1,426.819 437.379 685,083 11 343 8-^1 France 1,426 5.M> l,306.s,-).s 945 9") 1 (Germany Ireland Norway and Sweeden 79 '^42 Nei herlands 53.350 42,444 7-) .")00 Italy 43 000 Central America 10 000 Mexico 8.04.-1 53,400 58,500 117963032 8 319 Cuba 6,900 Russia . ,, Total 15,242 ,'747 750 HISTORY OF TEXAS. DUTIES COLLECTED IN PORT OF GALVESTON, FROM 1870 TO 1878. I'otal 1877-78 P2.3o2 73 Total 1S7C-77 9'i-9"^0 49 Total 1^75-76 ^^M' 77 Total 1S74-75 U4.136 So Total ls7:J-74 21Mlo 00 Total 1S72-73 492.428 80 Total 1n71 -72 f)72.5,S2 31 Total 1-70-71 633.21S 19 Total 1809-70 277,750 29 Debt, State. — From the reports of the Comptroller, it appears that the State debt was, in 1872, $1,810,576 ; in 1873, $1,797,894 ; in 1874, $3,425,328 ; in 1875, $5,551,637; in 1876, $6,067,836; in 1877, $6,116,924; in 1878, $5,121,911. •"^ f If 1 1 1 ^1' jl 1 \ li OLEANDER GROVE, GALVESTON, TEXAS. EDUCATION, Under Spanish and Mexican domination, the law contemplated the estab- lishment of public free schools, where elementary instructions should be given, but none such were estabhshed. Almonte, in his report of the state of society in Texas, in 1834, mentioned three schools in the province taught by private teachers. One of these schools was in San Antonio, the teacher receiving $25 per month from his patrons ; another was in Brazoria, and the third at Jonesburg, on Eed river. 1836. In their Declaration of Independence the Texans complain that Mexico had failed to provide the means of instruction which had been promised to the children of the colonists. Section 10 of the general pro- visions of the constitution of 1836, declares : " It shall be the duty of Con- gress, as soon as circumstances will admit, to provide by law a general system of education." 1839. Congress gave fifty leagues of land for a State University, and three leagues to each county for school purposes. 1840. Congress gave all counties an additional league of school land, and extended the privilege to all counties that should be organized in the future. 1845. The Constitution, article 10, says: " The Legislature shall, as early as practicable, establish free schools throughout the State, and shall furnish means for their support by taxation on property." One-tenth of all the rev- enue was set apart for school purposes. 1849. Governor Wood, in his message to the Legislature, calls attention to the subject of education thus: <'The Constitution of our State enjoins upon the Legislature the duty of making suitable provisions as early as practicable, for the support and maintenance of free public schools." 1854. The school fund of the State amounted to $128,668. To this was added this year $2,000,000 of the amount received from the United States for the sale of the Santa Fe territory. Laws were made for the distribu- tion, pro rata, of the interest of the school fund to the various counties, the money to be applied to the payment of the tuition of indigent children. Under the law of 1854, money was distributed as follows : No. Money Per Pupils. Distributed. Capita. loKK „ 65,463 f 40.587 ^.63 joKR 72826 101.588 1.38 illj 87,000 106 000 1.21 {^rj 102,772 105,815 1.03 io?Q ; 101,031 113,154 1.12^ lofin 104,477 104,447 1.00 l8Tl^v/^\v^\v^v^y^'^'■'■'■'■'■'■'■'■'■ 105,200 65,224 .02 The first free school established in the State was in the city of San Anto- nio, in 1854. The Comptroller of the treasury was then ex-ojfficio Superin- tendent of Instruction. After the war the Constitution of 1866 reaffirmed the article in the Consti- tution of 1845, and also set apart every alternate section of land, surveyed by railroads, to school purposes. A State School Board was created, and Pryor Lea appointed Superintendent of Public Instruction. He was suc- ceeded in the summer of 1867, by E. M. Wheelock. 754 HISTORY OF TEXAS. 1868. The Keconstruction Convention set apart all the proceeds of thw sales of public lands for school purposes, and to this sum added one-fourth of the State revenue, and a poll-tax of one dollar ^on each male citizen between twenty-one and sixty years of age. The permanent school fund amounted at this time to, say, $2,000,000. By this Constitution, all between the ages of six and eighteen years, were included in the scholastic population. It also required the Legisla- ture to establish public free schools throughout the State, for at least four months in each year ; and set apart to the school-fund all the proceeds of the sales of public lands; a poll-tax of one dollar from every male citizen between the ages of twenty-one and sixty years, and also set apart one- fourth of tiie revenue for school purposes. In the United States census tables for 1870, it is stated that 65,205 children attended school — of whom 61,016 were white, and 4,189 colored. Cost of education during the year, including colleges, academies, etc., 414,870 ; of which $7oO was from endowment, $15,220 from school fund, and $398,890 from tuition. . • Illiteracy; 1850-1870. — In 1850, there were 10,525 whites over twenty- one years of age, unable to read and write. Of this number 2,488 were foreign-born. In 1860, the number of white illiterates was 18,414 ; of whom 6,644 were foreign-born. In 1870 there were illiterates, over twenty-one years of age, white, 37,150; and colored 94,818. Including all illiterates, ten years old and upwards, thei-e were 221,705 ; of whom 70,845 were white, (including 18,369 foreign-born), and 150,617 colored. In 1871, a school board was organized, consisting of the Governor, Attor- ney-General and Superintendent of Public Instruction. John C. Degrees filled the latter office. A system of free schools was inaugurated through- out the State. The first annual report represented that 1,324 schools had been opened, taught by 1,578 teachers; and into which 73,804 pupils had been enrolled. In 1872, the scholastic population amounted to 228,355 ; entered schools, 127,672; taught by 2,625 teachers; average attendance, 81,653 ; total cost, $1,222,221 ; of which the State paid $482,753; the remain- der paid by the counties, cost per month, $1.43. In 1873, the scholastic population was 280,000; entered public schools, 129,000 ; average attend- ance, 83,000; number of teachers, 2,207; average salary of teachers, $57 per month. In 1874, O. N. Hollinsworth, Superintendent of Public Insti'uction ; scholastic population, 313,061 ; entered public schools, 161,670; cost per cap- ita per month, $1.56, or for four months, the time required by the Constitu- tion, $6.24; equal to $1,008,820. The State school fund derived from school bonds, poll tax, and one-fourth of the revenue derived from taxation, amounted to $546,985. The Legisla- ture appropriated $500,000, to be distributed pro rata to the several counties. In 1875, the scholastic population amounted to 339,000. Appropriated to each child, $1.47§. It is estimated that for the year 1878-9, $900,000 may be appropriated for the public schools. The scholastic population, as far as reported to the Comptroller's office, is as follows: EDUCATION. 755 SCHOLASTIC POPULATION. [Between eight and fourteen years of age.] CSOUNTIES. Anderson . , Angelina . . , Arau;«as . . . Atascosa . . . Austin . . . , Bandera. ... Bastrop — Bee Bell Bexar Blanco Bosque Bowie Brazoria . . Brazos .... Brown Burleson . . Burnet Caldwell . . Calhiiin (.'allahuu . . . Cameron . . Camp Cass Chambers . Cherokee. . Clay Coleman . . Collin Colorado . . Comal Comanche . Cook Coryell.... Dallas Delta Denton Dewitt Duval .... Eastland . . Edwards . . Ellis El Paso . . . Erath Falls Fannin Fayette — Fort Bend . Franklin . . Freestone . Frio Galveston . Gillespie . . Goliad Gonzales . Grayson . . . Grogg Grinv'S. . . . Guadalupe Hamilton. . Hardin Harris Harrison . . . Hays 1878. 2,069 917 145 1,001 2,220 311 1,7>3 370 2,119 1,033 505 1,422 1.035 1,623 1,799 1.133 1.293 '831 1,457 201 191 1,660 653 1,980 295 2,207 2S1 429 3,275 2,397 1,237 1,086 2,359 1,849 2,913 7(i8 2,446 1,732 629 661 49 2,887 628 1,771 2 250 3,753 3,856 1,374 613 1,800 321 2,878 841 740 1,891 6,010 1,048 2,610 1,383 854 2()8 3.952 3,490 1,132 1877 1,746 834 145 913 1,633 260 1,668 321 1,583 '587 456 1,141 680 904 1,371 772 940 760 885 193 104 1,708 551 1,819 288 1,814 247 271 2,584 1,782 784 962 1,650 1,399 3,409 660 1,820 1,364 348 1,534 628 1,429 1,653 2.342 2,»85 963 522 1,323 102 2,669 729 517 1,-547 3,464 869 3,082 1,270 726 215 3.082 4.(108 919 Counties. Henderson Hidalgo Hill Hood Hopkius Houston Hunt Jack •lackson Jasper Jert'erson Johnson Karnes Kaufman Kendall Kerr Kimble Kinney Camar Lampasas Lavaca Lee Leon Liberty Limestone Live Oak Llano Madi>ou Marion Mason Matagorda. , . . Maverick McCulloch McLenuan McMullen M. diua Menard Milam Montague . . . Montgomery. . Morris Nacogdoches. . Navarro , Newton Nueces Orange Palo I'iuto Panola Parker , Pecos Polk. I'residio Rains lied Kiver. . . . liefugio Rolicrtson . Rockwell Runnels Rusk Sabine San Augustine San Jacinto. . . San Patricio . . San Saba 1878. 1877 1,411 1,411 399 41 4 1,938 1,053 732 6;;4 2.429 2,1)19 2,214 1.026 1.849 1,849 629 493 416 317 930 777 460 830 2.236 1,976 407 407 1,881 1.216 390 33S 276 209 127 94 280 208 3,31)9 2,643 775 541 1,727 629 966 892 1,.535 1,699 782 494 1,968 1,417 220 182 624 610 713 582 1,817 1.390 280 226 579 406 295 186 1!»4 207 3,424 2,755 72 50 751 609 102 84 2,007 1,526 l,2:rs 1,097 794 714 692 516 1.8.55 1 579 2.781 2,153 681 604 926 665 429 322 680 519 1,.545 1.58S 2,121 1,4.53 122 146 1,127 861 24S 161 455 347 2,178 1.773 199 192 2,800 2,100 366 279 50 3,176 2.144 . 745 665 678 804 966 845 110 110 673 553 756 HISTORY OF TEXAS. SCHOLASTIC POFVhATlON.— Continued. Counties. Shackelford. Slifllty Smith >>iiiei'vell... !5t..n- Stephens . . . Tanint Tavlor Titus . .. T'>ra Green. Travis Trinity Tyler Upshur , Uvalde Van Zandt... Victoria Walker Waller Washington. Webb Wharton 1878, 1S77. 185 112 1,500 1,196 2,8B6 2,119 378 243 1,007 897 397 148 2,27-t 3,9(i(5 89 58 833 728 179 102 4.700 2,386 - G12 4S3 850 796 1,393 926 291 258 1.413 1,467 1,.3S7 962 1.606 1.226 1,439 861 3,572 2,578 450 350 543 626 Counties. Williamson Wilson Wi>e Wood Youno; Zapata CITIES. Tyler Breuham Greenville Dallas. >. Gainesville Castroville Navasota H'tney Grove. . . San Antonio Paris Fort Worth ... Corpus Christi. Lawrence Rockdale 1878. ,476 921 .S07 .3(13 462 173 663 ,352 211 1.53 184 lo5 ,511 705 677 442 54 158 1877. 1,476 606 1.571 1,000 298 173 218 288 82 1,210 1,526 440 417 Total, 1877. Total, 1878. 160.017 207.168 Note. — Reports received at the last moment show scholastic census of the following couniies: Fort Bend, 1,374; Harrison, 3.490; Webb, 451; Menard, 102; Clay, 3')1; Shackelford, 185; Lampasas, 775. Dallas city supplemental report adds 566 to the first report. Higher Schools. — The report of the Commissioner of Education at Washington has never been full as to Texas institutions of learning. With- out entering into minute details, we may state that since an?iexation, the leading Christian denominations have had schools under their supervision where the higher classes and mathematics and sciences have been taught. The Baptists have two Universities; one at Independence, Washington county, and the other at Waco, M'Lennan county. The Cumberland Pres- byterians have the Trinity University, at Tehuacana, Limestone county. The Methodists, the Southwestern University, at Georgetown, William«on county ; Soule University, at Chappell Hill, and a number of other institu- tions in different parts of the State. The Old School Presbyterians have Austin College, first at Iluntsville, but recently transferred to Sherman. There are also, probably scores of academies and high schools for both sexes, in successful operation in different parts of the State. State Agricultur.vl and MEcnANiCAL College at Bryan, or rather College Station, Brazos county. By an act of Congress, the United States gave to the State of Texas 180,000 acres of land scrip to found an Agricul- tural College. The scrip was sold in 1871 for $156,600 ; and the same year the college was located on the Central Railroad, about four miles south of Bryan, and a contract let out for a building, to be of brick, on a foundation THE LAND OFFICE OF TEXAS. AUSTIN. EDUCATION. 759 of stone, 78x150 feet, covered with slate. In 1875, a Board of Dii-ectors wasappointed, of whom the Governor, Lieutenant-Governor and Speaker of the House were ex-qfficio members; in addition to which there was appointed one from each Congressional district, as follows : E. B. Pickett, Charles De Morse, Isaac F. Graves, H. H. Davis, C. S. West — Mr. West resigned in 1876, and A. J. Peeler was put in his place — and S. F. Stock- dale. The Board met and selected gentlemen for the different professor- ships, and the school opened on the 4th of October, 1876. The Legislature, at different times, appropriated the following sums for the college build- ings: In 1871, $75,000 ; 1874, $40,000 ; and in 1875, $32,000.* * The following were appointed professors at the organization : Thos. S. Garthright (Mississippi), President; Alexander Hogg (Alabama), professor pure mathematics; E. P. W. Morris (Austin), professor applied mathematics and tactics ; John T. Hand (Tyler), professor belles lettres, English literature, Latin and Greek; C. P. B. Martin (Montgomery county), professor agricultural chemistry; Wm. A. Banks (Austin), pro- fessor modern languages; Gen. Hamilton P. Bee, steward and general superintendent. At the meeting of the Board of Directors, in 1878, Gen. L. M. Lewis, of Missouri, was appointed to a professorship, and the office of steward and general superintendent dispensed with. 41 LIVE STOCK. Cattle.— The fathers who fouuded the old missions, introduced some domestic auimals into Texas. In 1821-22, Abner Kuykeudall brought to the Brazos seventy head of cattle; and th-e next year, Randall Jones, in Louisiana, traded a negro man for sixty head, which he introduced into Port Bend county. In 1831, Messrs. M'Neil and Bingham had each 600 head, and Taylor White, on the Trinity, had 3,000. Almonte estimated that in 1834 the department of the Brazos had 25,000 head of cattle, and that of Nacogdoches, 50,000 head. There were in Texas in 1846, 382,783 head of cattle; in 1855, 1,363,688; in 1860, 3,786,443; in 1865, 2,741,358; in 1870,3,651,310; in 1875,3,182,904; in 1876, 2,810,309— valued at $15,023,701. In 1877, 3,413,356, valued at $18,931,356. The reports of the Agricultural Department at Washington vary considerably from those of our own Comptroller. For instance, in 1870, the Comptroller's repoi't places the number of cattle at 3,651,316, valued at $13,581,272; and the agricultural report for the same year makes the number of stock cattle 3,500,000, valued at $21,350,000 ; and to this adds, milch cows number 615,000, valued at $6,562,000 — total number, 4,115,000; total value, $27,912,000; an enormous increase over the assessed number and value. The cattle of Texas are now driven north to market. In 1873, and again in 1874, about 200,000 were taken across Red river and exp orted by water. In 1875, 116,000 crossed Red river; in 1876, 151,000; and it was estimated that over 300,000 were taken out over that route in 1877. Goats and Hogs. — See statistics of wealth ; articles taxed. Horses and Mules. — In the Comptroller's reports these come in one class. Number in 1846, 35,648, valued at $1,510,950. Number in 1850, 89,223; 1855, 177,444, valued at $7,803,588; 1860, 330,807, valued at $15,899,- 430 ; 1865, 451,400, valued at $14,015,877 ; 1870, 625,585, valued at $16,437,- 075 — (the agricultural report for the same year places the whole luimber at 702,500, valued at $27,507,874) ; in 1874 there were 871,278, valued at $21,187,030; 1875,838,232, valued at $20,792,220; 1876, 848,084, valued at $19,371,347; 1877, 985,581, valued at $20,507,477. Notwithstanding the general impression that Texas is a great country for cattle, the above figures show that horses and mules exceed in value by millions, the value of horned cattle. Again, notwithstanding the great value of our live stock, one good cotton crop of 800,000 bales, on a good market, would bring in enough money to buy all the cattle, horses and mules in the State ! Sheep.— In 1865, there were in the State, 941,413; in 1870, 1,047,986; in 1874, 1,632,971; in 1876, 2,601,071; in 1877, 2,582,610; valued at $3,092,680. The sheep and wool business in the State is yet in its infancy. 760 PENITENTIARIES. In the year 1846 the Legislature made provision for establishing a State penitentiary, and the next year it was located at Hnntsyille. James Gillespie was Superintendent and Abner H. Cook, Contractor. During the years 1848-49, 11,000 square yards were inclosed with a brick wall and buildings erected containing 240 cells. This was done mostly by convicts. The first convict was received October 1st, 1849. In 1850, ten were admit- ted and nine remained at the close of the year. Twenty-seven were ad- mitted in 1851; lort}--three in 1852; thirty-one in 1853; thirty-six in 1854; thirty-nine in 1855 ; forty-three in 1856, and tifty in 1857. At the close of 1857, out of 280 admitted, there were 102 still in the institution. in 1856, machinery was procured for the manufacture of cotton and woolen goods, and a building erected for the machinery, 270x50 feet. Forty cotton looms and 286 spindles were put in operation, and 200 spindles for wool. 1861-1864.— During the war Thomas Caruthers was Superintendent. In a report to the Legislature, August 31st, 1863, Mr. Caruthers reported that in twenty-one months there had been manufactured 2,233,587 yards of Osnaburgs, 406,025 yards cotton jeans, and 322,890 yards Kerseys, etc. The income of the institution amounted to $1,521,687, largely in excess of ex- penditures. In 1865 there were 118 convicts; in 1866, James Gillespie was Superin- tendent — 298 convicts — classed : 98 Americans, 35 Mexicans, 155 negro men and 10 women. In 1867 Thaddeus C. Bell was Superintendent ; 483 convicts, 179 of whom were employed on railroads, under the supervision of the Public Labor Board. In 1870, A. J, Bennet, Superintendent ; 484 convicts. 1871, 994 convicts. On the 5th of July, the Penitentiary was leased to "Ward, Dewey & Co., for fifteen years — the lessees to have the use of the buildings and labor of the convicts; and to pay the State, for the first five years, Iig5,000 per annum; for the next five years $10,000 per annum; and for the last five years $20,000 per annum. In 1872, A. D. Malloy, Inspector. In September, 1873, there were 883 convicts. 1874, J. K. P. Campbell, Inspector; 1454 convicts of whom 676 were kept in the grounds at Iluntsville and the others hired out on rail- roads, plantations, etc. In 1875 provision was made for locating two additional penitentiaries, one east of Trinity, and one west of the Colorado. The Commissioners locaLcd them respectively at Rusk, and at San Marcos. Five thousand acres of land were purchased near Rusk, upon wliich a suitable building has been erected. It was completed early in January, 1879. The foundation is laid with iron cfre rock, and the remainder with yellow ochre rock. The cell house is divided into two wings, each 273 feet long, 42 feet wide, by 40 odd feet high. Each of these wings contains a double tier of cells, four cells high ; each tier contains 264 cells. Total number of cells, 528. These cells are eight by six. The domestic building contains on the ground floor one 761 762 HISTO.EY OF TEXAS. dining-room, 40x100; one kitchen, 25x40; bakery, 20x40; one store-room^ 10x26; one laundry, 40x45; one drying-room, 10x26. The second floor contains chapel, 40x100; one hospital, 40x40, with medicine room over staircase. Library, 25x34, and one epidemic hospital, 20x40. Complaints having been made to the Governor, of the treatment of con- victs, a Commission was appointed, who, after investigating the subject, reported that there were grounds for the complaints. In 1876 there were 1,723 convicts, of whom 1280 were hired to outside parties. H. K. "White, Inspector. 1877, April 2d, the Contractors, Ward, Dewey & Co., retui-ned the Peni- tentiary to the control of the State Executive, who leased it to Burnett & Kilpatrick. There were 1,582 convicts. Ou the 16th of December it was leased to E. H. Cunningham, of Bexar county. MARKET HOUSE, HOUSTON. POPULATION. It is supposed that in the year 1744 there were 1,500 Europeans in Texas and an equal number of civiUzed Indians. Twenty years later there were only about half as many. lu 1806 there were 7,000; in 1830, 20,000; in 1836, Mr. Mortit estimated the population at 52,470. In 1847 the first census was taken. There were then 100,508 wliites, ten free negroes, and 35,267 slaves. Total, 135,775. The following is from the census reports : Census Reports. Total Population Whites Colored Native Born .... Foreign Born. . . 1870. 818,579 567,700 253,475 756,168 66,411 1860. 604,215 430,891 182,921 560,793 43,422 1850. 212,592 154,034 58,558 194,433 17,681 Population, Nativity of. — As reported in 1870, 254,091 white, and 134,306 colored, were natives of Texas; 41,663 white, and 20,550 colored, were natives of Alabama; 38,849 white, and 11,772 colored, were boru in Tennessee; 28,639 white, and 13,805 colored, in Mississippi; 26,326 white, and 14,801 colored, in Georgia; 17,608 white, and 6,608 colored, were natives of Arkansas; 11,233 white, and 7,421 colored, natives of North Carolina; 15,235 white, and 12,045 colored, natives of Louisiana; 10,569 white, and 7,155 colored, were from South Carolina; 8,480 white, and 13,683 colored, from Virginia. Foreign Born. — Besides the 62,411 reported in 1870 as foreign born, 107,- 327 had one or both parents foreign born. Of the foreign born, 23,976 were Germans, 22,510 Mexicans, and 6,753 were from Great Britain. Cameron county has the largest foreign born population — 6,266 Mexicans. Bexar reports 2,309 Mexicans and 1,829 Germans. Other counties having a large German population were: Fayette, 2,128; Austin, 2,110; Galveston, 1,923; Comal, 1,878; Harris, 1,834; Washington, 1,701; Gillespie, 1,245; Dewitt, 544; Colorado, 776; Guadalupe, 736; Bastrop, 937; Travis, 641; Starr county, 2,846 Mexicans; Hidalgo, 1,602; Nueces, 1,266; Maverick, 1,120; El Paso, 1,024 ; Webb, 954, and PresicUo, 772. Present Population. — Approximately, our present population is 2,000,- 000. A little less than 500,000 are assessed for the poll tax ; and estimating four persons for each one taxed, the population would fall a Uttle short of two millions ; it is pnobably above that number. 765 RAILROADS. It would be tedious and unprofitable to enumerate the numerous charters for railroads during the Republic. No roads were built or even commenced. In 1852, preliminary surveys were made upon two lines of road, and some work done : the Buffalo Bayou, Brazos and Colorado road, and the Memphis and El Paso road. Buffalo Bayou, Brazos and Colorado road, gauge four feet eight and a half inches, was commenced under the supervision of General Sidney Sherman, at Harrisburg, in 1852. The sec- ond locomotive west of the Mississippi was on this road. It reached Stafford's Point in 1853, Walker's in 1854, and Richmond, thirty-two miles from its initial point, in 1855. The Brazos was crossed by a tempo- rary bridge, nearly on a level with the water. It reached the Colorado at Eagle Lake, sixty-five miles, in 1859; Alleytou in 1860, and Columbus, where the Colorado was bridged, in 1866. By an act of the Legislature, in 1870, the charter was changed, and San Antonio became its objective point. Since that period it has been known as the '' Sunset Route," or the C, H. & S. A. Railway. Thomas W. Pierce, of Boston, became the President and principal owner of the road. It reached Shulenburg in 1873 ; Luling in 1874, and Kingsbury in 1875. In January, 1876, the citizens of Bexar county voted the company $300,000 in county bonds, to secure the speedy construction of the road to San Antonio. It reached the Guadalupe river at Marion, 184 miles from Harrisburg, in September, 1876. In Januai'y, 1877, the terminus for passengers was changed from Harrisburg to Houston. On the 15th of January it reached San Antonio. From this point it may be extended to the Rio Grande by any route the company may select. As the road is now built, it has a length of 215 miles, of which thirty-six miles are steel rail, and the remainder of the best iron T rails, and all fish plated. There are 14 3-10 miles of pile and trestle bridges, 1,401 lineal feet of iron truss bridges, and 3,112 feet of combination truss bridging on the line, all of which are iironounced by competent judges as first-class in every respect and the entire road as A No. 1 in every particular of its component parts, in- cluding track. Officers. — Thomas W. Pierce, President ; H. B. Andrews, Vice-President; Charles Babbidge, Ti-easurer and Assistant Secretary; Jacob E. Fisher, Secretary, Assistant Treasurer and Auditor; James Converse, Chief En- gineer and General Superintendent. General offices: Houston, Texas. STATIONS AND DISTANCES, <' SUNSET ROUTE." ^liles. Stations. Miles. Galveston Houston 212 Harrisburg 214 8 Pierce Junction. 206 19 Stafford 193 766 EAILEOADS. 767 26 Walker 188 32 Richmond 182 42 Randon 172 51 East Bernard 163 60 West Bernard 154 68 Eagle Lake 146 81 Alleyton 133 81 Columbus 130 94 Borden 120 100 Weimar 114 109 Schulenburg 105 122 Flatonia 92 134 Waelder 80 147 Harwood 67 156 . c Luling 58 168 Kingsbury 46 178 Seguin 36 189 Marion 25 200 Converse 13 213 , San Antonio ". Galveston, Houston and Henderson Railroad. — In 1856-7 twenty-five miles of this road was built from Virginia Point, opposite Galveston, toward Houston, and reached the southern suburb of that city in 1858. Galveston voted $100,000 in bonds to build a bridge fi-om the Island to the main land, which was completed in 1860. In 1863, by order of General Magruder, the road was extended through the city of Houston, to connect with the Texas Central road. In 1876, the gauge was changed from the broad to the standard gauge. Line of road, Galveston to Houston, 50 miles ; sidings and other tracks, 12.50 miles; gauge, 4 feet 8h inches; rail, 56 pounds. During the year 1876 the whole road was thoroughly repaired and fish-bar rails substituted in the place of the chair rails on all but nine miles of the main track, and new bridges constructed over several small creeks and bayous, while the bay bridge, H miles, was replied and strengthened throughout. The track has been raised and ballasted with shell and sand, a locomotive and train of cars having been constantly and exclusively em- ployed on this work for more than a year. This company has also fitted up large, commodious and dry cotton yards, where that staple can be handled with greater dispatch and be free from destruction by fire. The stations on this road are: Galveston, Pooleville, Eagle Grove, Vir- ginia Point, Highland, Dickinson, Clear Creek, AVebsterville, Summit, Allen's, Harrisburg and Houston, of which all except Galveston, Houston and Harrisburg are nominally meeting points. Rolling stock consists of fifteen locomotives, nine passenger cars, six baggage, mail and express cars, 242 freight cars. Officers. — John Sealy, President; H. M. Iloxie, Vice-President and Man- ager; F. P. Killecn, Secretary; J. IL Hutchiiigs, Treasurer; O. G. Murray, General Freight and Passenger Agent; J. II. Crowley, Master of Trans- portation; John G. Conlon, Master Mechanic. 768 HISTORY OF TEXAS. Houston and Texas Central Railroad.— This was originally chartered as the Galveston and lied Eiver Head. Its gauge was five and a half feet. It was first chartered in 1848. In 1852 the charter was amended and work was commenced in 1853. Paul Bremond took out the first shovel-full of dirt in the city of Houston. Compared with roads built more recently, its progress was slow. It reached Cypress, twenty-five miles, in 1856 ; Hock- ley, ten miles further, in 1857, and Hempstead, fifty miles from Houston, in 1858; Navisota in 1859, andMillican, eighty miles from Houston, in 1860. After the "war closed, work was resumed, and the road reached Bryan, 100 miles, in 1867; Calvert, 130 miles, in 1868; Bremond, 115 miles, in 869; Groesbeck, 170 miles, in 1870; Corsicana, 210 miles in 1871. From Corsi- cana onward, the gauge was changed to the standard gauge, and subse- quently, the entire road was made to conform to that gauge. The road reached M'Kinney in 1872, and in March, 1873, reached Denison, where it formed a junction with the Missouri, Kansas and Texas Eoad, opening con- nection with St. Louis. In 1876, the road passed into the control of Com- modore Charles Morgan. Miles. Stations. Miles. Houston 311 5 Eureka 336 12 Gum Island 329 18 ...Thompson's 322 25 Cypress 315 35 Hockley 305 40 Waller 300 50 Hempstead 290 62 Courtney 278 70 Navasota 270 80 Millican 260 88 Wellborn 252 99 Brj^an 241 107 Benchley 233 113 Sutton 227 120 Hearne 220 128 Calvert 212 137 Hammond „ 203 142 = . . . Bremond 198 155 Kosse ] 85 101 Thornton 179 170 Groesbeck 170 1 81 Mexia I59 189 '. Wortham 151 199 Richland 141 211 Corsicana 129 221 Rice 120 231 Ennis HO 239 Palmer 102 240 Ferris 95 254 Hutohins 87 VIEW OF SAN PEDRO SPRINGS, SAN ANTONIO. EAILEOADS. 771 j^Iiles Stations. Miles. 265..* Dallas • 76 277 Kichardson 64 282 = Piano ^9 29(5 o McKiiiney 45 3Q2 Melissa ^^ oi 9 Van Alstyne 20 319 Howe -- 329 Sherman 1^ 34]^ ..Deuison " Officers. C. A. Wlutney, New Orleans, president; G. Jordan, Houston, vice-presi- dent; A. S. Richardson, Houston, secretary ; E. W. Cave, Houston, treas- urer; A. H. Swanson, Houston, general superintendent; J. Waldo, general freight and ticket agent. Line of Boad. Miles. Main line— Houston to Denison 343 Branches— Hempstead to Austin 115 Bremond to Waco 47—162 Total length of lines owned and operated by the company 505 Siding and other tracks, 65 miles; gauge, 4 feet 8^ inches; rail, 56 lbs, Houston and Texas Central ( Western Branch) .—Twenty-five miles of this road from Hempstead to Brenham was completed in 1865; in 1869, it was extended to Burton, thirteen miles west of Brenham ; in 1870, to Led- better; and in 1871, to Austin, 165 miles from Houston. Stations and towns on the line : Houston to Hempstead Bliles. ... 50 Chappell Hill ^1 Brenham * Burton . 84 Ledbetter ^^ Giddings ^^^ Paige 1^' MacDade 12^ Elgin ^^'^ Manor / . !.■)() « Austin ^^ {Waco Branch) .—WsiS built from Bremond to Marlin, eighteen miles, in 1870 ; and reached Waco, forty-five miles, in 1871. In 1877, this road was extended in a northwestern direction eleven miles to White Rock; making it fifly-six miles from Bremond. Stations and distances ; 772 HISTORY OF TEXAS. Miles^ Houston 142 Breiuond 9 Reasau : 1^^ 9 Marian ^^^ 8 Perry ^^^ 10 Harrison ^"^^ n Waco 18T 11 White Rock 1»!^ The following statement of the condition of the roads now in progress at Galveston, is from the " Annual Review " for September, 1878: Galveston AVhauf Company's Railroad. — Directory. — J. L. Darragh^ I. Dyer, J. G. DuflBeld, John Sealy, C G. Wells and H. Rosenberg on the part of the company, with his honor Mayor D. C. Stone and aldermen J. H. Hurt and J. Runge on the part of the city. J. L. Darragh, president, Thos. C. Shearer, acting secretary. Line of road, 2| miles; gauge, 4 feet, 8^ inches; rail, 56 lbs. This road was constructed by the AVharf Company to connect the Galveston, Houstoa and Henderson, the Gulf, Colorado and Santa Fe and others that may here- after be constructed Avith the different wharves, so that freight cars can be loaded and unloaded directly alongside of ships lying at the various wharves. It commences on Thirty-seventh street, Galveston, where it intersects the Galveston Houston and Henderson, runs thence in a northeasterly direc- tion to Thirty-fifth street, where it meets the Gulf, Colorado and Santa Fe road, thence runs east on Avenue A to the eastern portion of the city, with l)ranches extending directly on the New wharf, Lufkin's wharf, the New York Steamship wharf, the Brick w^harf and Morgan's Line wharf. Galveston, Brazos and Colorado, {In Progress) . — Line of road, 15^ miles; gauge of road, 3 feet; rails, 30 lbs. Rolling stock: 3 locomotives, 4 passenger cars, 89 freight cars. Entire cost, $165,000. This road is now in the hands of David E. Small and Edward Samuels, of Pennsylvania, represented in Galveston by Messrs. Sloan & Gonzales. The road having been in the hands of lessees during the greater part of the sea- son, and no report having been made, it is impossible to give report of operations. The road and rolling stock have been put in good order and the rt)ad is being worked to its utmost capacity. Negotiations are in pro- gress looking to an early extension of the line. Gulf, Colorado and Santa Fe Railw\t. Officers. — M. Kopperl, pres- ident; Jas. Sorley, vice president; C. C. Allen, secretary; R. J. John, treas- urer; George B. Nichols, superintendent; B. M. Temple, chief engineer. Line of road (completed) : Galveston to the Brazos river, 48 miles ; gauge, 4 feet 8i inches; rails, 56 lbs. A contract has recently been made with Messrs. Denistown, Cross & Co., a responsible firm of London, England, for placing $2,700,000 of the compa- ny's first mortgage bonds, which sum, with the local aid subscribed on the line of the road, it is estimated will be sufficient to complete and equip the RAILEOADS. 773 road to Belton, Bell county, a distance of 220 miles from Galveston. Thi& contract has been approved by the board of directors, and will be ratified by the stockholders at a general meeting. At the present terminus of the road on the Brazos river, a substantial all- iron bridge, 485 feet, is being erected, and in a short time will be crossing that stream. The grade will be completed to the eighty-first mile by the 15th of October, 1878, and the rails and fastenings have been purchased and are on the way to finish the road, under the construction contract to that point, at Bovine Bend, by the 28tli of November. By the 31st of October, 1878, the road will be completed to Richmond, 63 miles from Galveston, there forming a connection with the Galveston, Harrisburg and San AntoniO' Railroad, thus putting Galveston in direct communication with points here- tofore tributary to other markets. Rolling stock has been ordered to equip and operate the line so completed. Houston and Texas Western. — Gauge, 3 feet; rail, 30 lbs. In operation from Houston to Pattison, forty-one miles. OflScers: T. W. House, pres- ident; Peter Floeck, vice-president; J. G. Tracy, secretary ; J. W. Good- win, superintendent. General ofBces — Houston. Miles. Stations. Miles. Houston 41 6 Westheimer 35 12 Piney Point 29 22 Habermacher 19 30 Wimberly 11 41 Pattison The Houston East and West Texas Railway. Officers. — Paul Bre- mond, president; Samuel S. Timpson, secretary. This enterprise, familiarly known as the Bremond road, is being pushed to the Trinity river, and will be completed to that point by December next. Forty miles have been finished, aud for that distance there are daily trains. Five additional miles are ready for the iron, which will be laid immediately. Mr. Bremond has purchased iron sufl3.cicnt to carry the road to the Trinity, and the right of way for nearly the whole distance has been cleared. There are nine mills in active operation upon this road as far as it has been built, which are turning out each week a vast amount of excellent lumber, and the revenue from this source alone is paying a large per cent, on the capital invested. The town of Cleveland, named for Judge Chas. Cleveland, of Galveston, will be reached before another month shall have passed, and a considerable business will spring up at that point as soon as trains can be run from it to Hou^^ton. The construction of the road is in every particular first-class, the work having been done by Messrs. Snelling & Harper uj) to the forty-mile point. Mr. Snelling now has control of the construction, Mr. Harper having died within the past few months. Recently Mr. Bre- mond has bonded the road for 87.000 per mile, at 7 pev cent, interest, and Vlialey's 137 22 New Boston 132 34 DeKalb 120 44 Douglas 110 52 o Annona 102 60 Clarksvllle 94 67 Bagwell's 86 73 Bennett's 81 80 Blossom Prairie 74 90 Paris 64 98 Brookston 56 111 Honey Grove 42 121 .Dodd's 33 127 Bonham 27 138 Savoy 16 146 Choctaw 8 154 Sherman MARSHALL ^VND SHREVEPORT — SOUTHERN DIVISION. Miles. Stations. Miles. Shreveport 40 4 Race Track 37 42 784 HISTORY OF TEXAS. Miles. Stations. Jlliles. 5 Jewella 3G 8 Beckville 32 11 Flounioy s 29 15 Greenwood 25 21 Waskom 19 24 Jonesville IG 32 Scottsville 8 40 Marshall Henderson and Overton. — Webster Flanagan, president; W. S. Moss, vice president; A. B. Collins, treasurer; B. S. Wathen, secretary and super- intendent. Line of road, Overton to Henderson, 15 miles. Sidings half a mile. Gauge 4 feet 8^ inches. Rail 56 pounds. Ttlek Tap {.\^arro'w-Gauge) . — James P. Douglas, pi-esident; W. J. Goodman, vice president; E. C. "Williams, treasurer; Charles T. Bonner, secretary. Line of road: Tyler to Ferguson, 21 miles; sidings and other tracks, one mile. Gauge, 3 feet. "Weight of rail in use, 30 pounds. Dallas and "Wichita. — W. H. Gaston, president; J. "W. Calder, vice president; George Shields, secretary. Line of road: Dallas to Louisville, 22^ miles; gauge of road, 4 feet 8^ inches. Rail, 56 pounds. Ten miles constructed within past year. Expen- ditures and earnings about $1,500 per month. Receiver appointed in June, and now in charge of the road. East Line Railway. — Wra. M. Harrison, president ; E. W. Taylor, vice president; "W. H. Cook, secretary; "W. B. Ward, superintendent; T. J. Rogers, auditor; J. P. Russell, general freight agent; S. D. Rainey, Jr., general ticket agent; B. H. Eppei-son, E. W. Taylor, W. B. A^^ard, L. A. Ellis, W. M. Harrison, J. P. Russell, J. H. Bemiss, S. D. Rainey, Jr.; T. J. Rogers, directors. This enterprise, begun and carried out by Jefferson men and capital, is a growing interest in east Texas. The road was commenced in June, 1876, first 20 miles completed December 1st, 1876. By September 1st, 1877, 13i additional miles were completed, making 33^ miles of road in operation on that date. By December 1st, 1877, 16i additional miles were completed, to Pittsburg, Camp county, making 50 miles oi road in operation on that date. At this writing the road is completed and in running order 10 miles further, making a grand total of 60 miles now in operation. Corpus Christi, San Diego and Rio Grande — (In progress) . — President, U. Lott; vice president, W. L. Rogers; secretary, J. B. Mitchell; treas- m'er, George F. Evans; assistant secretary and treasurer, Wm. A. Lott. This road is now open for business to Collins, Nueces county, 40 miles from Corpus Christi. Gauge of road, 3 feet. Railj, 30 pounds. EAILROADS. 785 Rio Grande. — Line of road, Brownsville to Point Isabel, 22 miles, tjrauge, 4 ieetSh inches. Rail, 56 pounds. This road runs from Brownsville, on the Rio Grande river, to Point Isabel, where Mr. Morgan's ships connect with it. It is now in the hands of Mr. M. J. Gomila, receiver, by whom it is operated. No report of its operations has arrived. Gulf, Western Texas and Pacific. — Henry Sheppard, president and superintendent; M. D. Monserrat, secretary, treasurer and general agent. Principal office, Indianola, Texas. Line of road, Indianola to Cuero, 68.8 miles ; sidings and other tracks, 4 miles ; gauge, four feet 8i inches. Rail, 56 pounds. The G. W. T. & P. was originally the San Antonio & Mexican Gulf road and was built fi-om Port Lavaca to Victoria, in 1857-1860. Totally de- stroyed during the war ; rebuilt after the war ; but not proving pi-ofltable, it was purchased by Mr, Charles Morgan ; the terminus taken from Lavaca to Indianola, and the road extended to Cuero, in 1874. Miles. Stations. Miles. 70 Indianola 58 Lavacca .*. 12 45 Placedo 25 30 Victoria 40 15 Thomaston 55 10 Burns 60 « Cuero 70 For the fiscal year ending August 31, J 877, there were issued land certifi- cates to the different railroads in Texas, as follows: 1218 certificates to International and Great Northern Railroad Company for 779,520 acres, none to State; 2991 certificates to Texas and Pacific Railroad Company for 1,914,240 acres; 881 certificates to Galveston, Harrisburg and San Antonio Railroad Company for 563,840 acres; 536 certificates to East Line and Red River Railroad Company for 343,040 acres; 248 certificates to Galveston, B. and C. Narrow Gauge Railroad Company for 158,720 acres; 298 certificates to Tyler Tap Railroad Company for 190,720 acres ; 352 certificates to Texas and Western Narrow Gauge Railroad Company for 225,280 acres; 192 cer- tificates to Gulf, Colorado and Santa Fe Railroad Company for 122,880; 160 certificates to Corpus Christi, San Diago and Rio Grande Railroad Company for 102,400 acres ; 240 certificates to Henderson and Overton Branch Rail- road Company for 153,600 acres ; 184 certificates to Dallas and Wichita Rail- road Company for 117,760 acres. The same number of certificates were issued to the school fund in each case. Makiiur in tlie aggregate 7300 cer- tificates with 4,672,000 acres to the raikoads, and 3,892,480 for the State. TELEGRAPHS AND TAXES. Telegraph Lines. — On the 24th of January, 1860, telegi'aphic communi- cation was established between Galveston and Houston, and the lines were gradually extended to the principal cities of the State. Tliere are two lines in Texas: the Western Union and the Military Line. In 1875, Con- gress made an appropriation to connect the military po^ts on the frontier by telegraph, and the lines were built during the year 1876. The Western Union has in operation about 2,000 miles and the Military Line probably 1,500 miles. TOTAL AGGREGATE TAXABLE PROPERTY— 1846-77. Yttars Aggregate ^^'*^"''' Taxable Property, 1846 $34,391,175 1847 37.5(i2.505 1S48 * 43,812,537 1849 46,241,689 1850 51,814,615 1851 69,739,581 1852 80,754,094 1853 99,155,114 'l854 120,981,617 1855 149,521 ,451 1856 161,304,025 1857 183,591.205 1858 193.(;3G,S18 1859 224 ,353,266 1860 29 ^.315,659 1861 256,784.482 1864 , 358,101,886 1SG5 1SG6 122,749,123 1867 170,005,545 1868 144,260.244 1869 149.655,386 1870 170,473.778 1871 222,504,073 1872 207,920.526 1873 , 223.410.920 1874 241,8il,SGa 1875 250,853,790 1876 248 ,41 5 .850 1877 , .318,985,765 The following table exhibits the amount of pi'operty in each county, and the summary following describes the different kinds of property taxed : VIEW OF COMMERCE STREET, SAN ANTONIO. TAXABLE PROPERTY. ASSESSMENT FOR 1877-78. 789 COUNTY. Anderson . Angelina . Aransas . . Atascosa.. Austin. . . . Bandera. . Bastrop.. . Bee Bell Bexar .... Blanco . . . Bosque . . . Bowie . . . . Brazoria. . Brazos. . . . Brown Burleson. . Burnet . • . Caldwell.. Calhoun. . Callahan.. Cameron. . Camp .... Cass Chambers. Cherokee . Clay Coleman.. Collin . . . . Colorado . Co null. . . . Comanche Concho. . . Cook Coryell... Dallas.... Delta Denton.. . DeAVitt... Duval Eastland.. Ellis El Paso... Erath Falls Fannin . . . Fayette... Fort Bend Franklin.. Freestone. Frio Galveston. Gillesi>ie.. Goliad.... Gonzales. Grayson. . ■Gregg.... Total Valuation. $2,466,535 618.034 637.4S1 711,332 2,508.091 331,169 2,634.015 1,005,580 3,387,970 8,509,634 706,729 1,582.179 1,445,318 2,382,984 2,302,534 1,206,560 1,588,097 1,153,165 1,707,646 696,924 125,400 1,656.238 676,776 1,621,344 410,045 1,878,562 822,766 736.828 5,576,170 2.735,621 1,272.660 1,090,435 84,569 2,446,077 1,809,246 9,268,770 694.444 3,149.672 2,058,974 968.002 461,714 4,248,764 421.436 1,614,323 2,815.086 3,790,930 4.797.853 2.126.111 536.695 1,928.722 554. 6S2 22.913.359 961 ,6:!0 1.360,339 2.9(;8.s(;i 6.(;(;s.2:'.5 1,125,219 Ad Valorem Tax. $12,232 94 3.091 30 3,186 75 3,540 67 12,540 46 1,655 84 13.172 31 5,027 68 16,889 84 42,548 05 3,534 43 7,910 18 7,255 95 11,915 27 11.512 25 6,082 78 7,940 49 5,776 24 8,538 23 3,465 72 627 40 8,281 25 3,386 81 8.092 10 2.050 20 9.392 80 4.114 33 3,088 56 27,880 85 13,678 71 6,362 80 5,455 21 409 15 12,230 38 9,055 40 46,343 85 3,472 22 15.74S 36 10,294 99 4.839 18 2.308 57 21,243 75 2.107 23 8,072 88 14.075 40 18.952 79 23,985 81 10.681 02 2,663 48 9,648 88 2,773 38 114,506 83 4,808 15 0,796 52 41.810 94 33.312 53 5,627 09 Poll Tax.- $5,982 1,434 490 1,296 5,032 778 5,300 884 5,734 3.:!Ni 1.232 3,312 2,376 3.600 5,044 2,738 3,264 1,984 2,786 780 394 4,480 1,568 4,834 768 5,186 1.052 1,002 8,250 5.436 1,772 2,960 14 5,258 4,176 8,372 2.004 5,240 3,348 760 1,104 4,836 1.322 3,926 5,614 6.238 7,828 3,148 1,542 4,666 422 3,116 1,664 1,764 4.616 11.616 2,500 Total Tax. $18,314 94 4.525 30 3,676 75 4,852 67 17,602 46 2,433 84 18,472 31 5,911 68 22,623 84 45.934 05 4,766 43 11 ,222 18 9,631 95 15,575 27 16,55() 25 8,770 78 11,204 49 7,760 24 11,324 23 4,245 72 1,021 40 12,761 25 4,954 81 12,926 10 2,818 20 14.558 80 5,160 33 4,690 56 36,130 85 19,114 71 8,134 80 8,415 21 423 15 17,488 38 13,231 40 54,715 85 5,476 22 20,988 36 13,642 99 5,599 18 3,412 57 26,079 75 3.420 23 11.998 88 19,689 40 25.190 79 31,813 81 13,829 02 4,205 48 14,314 88 3.195 38 117,682 83 6,474 15 8,560 52 19,150 94 44,958 53 8,127 09 790 HISTORY OF TEXAS. ASSESS^IENT FOR 1877-78— Contintted. COUNTY. Grimes Guadalupe. . . Hamilton Hardin Harris Harrison Hays Henderson. . . Hidalgo Hill Hood Hopkins Houston Hunt Jack Jackson Jasper Jetterson Johnson Karnes Kaufman Kendall Kerr Kimball Kinney Lamar Lampasas.. . . Lavaca Lee Leon Liberty Limestone - . . Live Oak . . . . Llano MeCulloch. . . McLennan . . . McMullen . . . Madison Marion Mason Matagorda . • . Maverick . . . . Medina Menard , Milam Montague.. . Montgomeiy. Morris Nacogdoches Navarro Xewton Xueces Orange Palo pinto... Panola Parker « Total Valuation. Ad Valorem Tax. $2,718,355 2,488.716 847,498 321.431 11,438.650 3,062,287 1,353,040 1,212,439 375,531 2,583,419 850,910 1,989.704 1.974,147 2,171,571 774,470 876,030 522,062 954,393 2,659,390 1,009,000 2,854,269 497,826 404,370 211.291 425,056 4,730.723 1,035,504 2,474,785 1,661,892 1,025,733 820.202 2.297,762 845.247 546.351 523,902 5,529.817 159,039 716,062 1,853.297 '539.411 1,270.025 ,469,635 1,056,401 ,103,019 2.438,906 1.082.460 1,302.303 441.497 1.237.368 4.375.515 334.869 2.452,841 526,845 740,833 1.269.890 1,782.564 $13,599 15 12,443 15 4.253 44 1,607 06 57,198 25 15,316 09 6,765 20 6,002' 21 1.877 84 12,942 09 4.254 55 9,948 37 9,876 66 10,857 85 3,867 95 4,383 71 2,610 31 4.772 84 13,293 76 5.045 46 14,274 46 2,490 07 2,021 85 1,056 45 1,131 75 23,653 50 5,177 68 12,368 03 8,309 56 8,126 35 4,101 01 13,980 62 4,229 34 2,731 75 2,613 41 27,651 79 789 19 3,578 55 9,269 51 2,697 05 6,350 88 2,846 93 5.282 00 980 48 12.194 48 5.405 61 6.511 96 2.208 SG ' 6,187 76 21.877 72 1,674 34 12.264 19 2.634 22 3,554 16 6,349 45 8,954 83 Poll Tax. Total Tax. $6,786 2,874 2,130 500 6,694 6,688 2,128 2,930 608 5,402 1,960 4,366 4,146 5,692 1,488 880 1,548 924 5,960 1,014 4,248 906 682 348 590 9,440 1,746 4,008 3,130 4,560 1.472 4,760 506 1,274 496 8,572 258 1,920 3,326 778 1.486 690 1,412 150 5,712 3.292 2,634 1,394 3,950 6,902 1,206 1,239 298 1,670 4,146 3,698 f20,385 15. 15,317 15 6,383 44 2,107 06. 63,887 25 22,004 09 8,893 20 8,992 21 2,485 84 18,344 09 6,214 55 14,314 37 14,022 6& 16,549 85 5.355 95 5,263 71 4,158 31 5,698 84 19,253 76. 6.059 46 18,522 4& 3,396 07 2.703 85 1,404 45 2.721 75 33,098 50 6,923 68 16.466 03 11,439 56 12.686 35 5.573 01 18,740 62 4,785 34 4,005 75 3,109 41 36,223 79 1,056 19 5,498 55 12.595 51 3.475 05 7.836 88 3.042 93 6,694 00' 1.142 48 17,906 48 8,697 61 9,145 96 3,602 85 10,137 76 28,779 72 2.880 34 13,512 19 3,452 22 5,224 16 10,495 45 12,652 88. TAXABLE PROPERTY. ASSESSMENT FOR 1877-78— Contintjed. 791 County. Polk Presidio Pecas Rains Red River Refugio Robertson. . .. Rockwall Rusk Sabine Somervell San Augustine San Patricio . . San Saba Shackelford . . . Shelby San Jacinto . . . Smith Starr Stephens Tarrant Titus Taylor Tom Green . • . Travis Triuitjr Tyler T Jpshur Uvalde Van Zandt Victoria Walker Wliarton Waller Washington . . Webb Williamson . . • Wilson Wise Wood Young Zapata Total Valuation. $717,354 747,881 375,900 3!J9,572 2,303,320 1,141,994 3,644,630 709,476 2,313,523 328,079 230,125 481.260 864,812 1,029,512 493,776 782,475 666,859 3,552,188 1,026,511 586,348 4,515,815 709,616 43,209 754,787 10,739,100 715,592 666,437 1,185,093 828,725 1,676,053 2,306,262 1,464,699 876,384 1,733,948 4,067,355 1,091,658 3,755,950 1,049,827 1,525,075 1,615,818 714,607 386,391 Ad Valorem Tax. $3,588 27 3,739 40 1,879 48 1.997 69 11,516 59 5,727 74 18,223 15 3,547 38 11,567 62 1,640 53 1,154 70 2,406 34 4,324 06 5,150 63 2,468 58 3,912 38 3,336 04 17,759 10 512 56 2,931 75 22,577 08 3,849 54 216 04 3,773 88 53,698 08 3,575 65 3,334 02 5,930 46 4,142 26 8,382 93 11,531 31 7,323 39 4,387 40 8,684 25 23,351 76 5,458 29 18,786 35 4,249 01 7,629 92 8,079 10 3,573 81 2,907 25 PoU Tax. $2,086 - 564 720 1,056 5,326 548 8,328 868 6,266 1,392 780 1,518 384 1,814 702 2,892 2,144 6,492 1,210 722 7,348 1,934 126 492 10,260 1,482 1,848 2,934 802 2,932 2.242 3,462 1,452 3,324 8,556 1,564 4,400 1.778 3,940 3,222 1,240 400 Total Tax. $5,674 27 4,303 40 2,599 48 3.053 69 16,842 59 6,275 74 26,551 15 4.415 38 17,833 62 3,032 53 1,934 70 3,924 34 4,708 06 6,964 63 3,070 58 6,804 38 5,480 04 24.251 10 6,342 56 3,653 75 29,925 08 5,783 54 342 04 4,265 88 68,958 08 5,057 65 5,182 02 8,864 46 4,944 26 11,314 93 13.773 31 10.785 39 5,839 40 12,008 25 31,907 76 7.022 29 23,186 35 7,027 01 11,569 92 11,301 19 4,813 81 2,367 25 792 HISTORY OF TEXAS. SUM^IARY OF ASSESSMENTS. RENDERED PROPERTY. Description of Property. Valued at Number of acres, 61,445,03!) $125,621,392 Town lots 49,419,067 Number miles of railroad, 1,763 667-1000 14,959.643 Number miles of telegraph, 2,231 51-1000 145,860 Number acres, land certificates, 890,255 211 ,572 Number of steamboats and sailing vessels, etc., 356 184,072 Number of carriages, buggies, etc., 131,075 4,919,446 Manufacturers' tools, implements, etc • 3,955,874 Materials and manufactured article? 307,802 Number of horses and mules, 966,977 20,242,896 Number of cattle, 3.263,373 18,048,668 Number of jacks and jennets, 5,299 178,816 Number of sheep, 2,227,839 2,829,404 Number of goats, 223,417 » 161,134 Number of hogs, 1,286,933 2,257,002 Goods, wares and merchandise 16,427,407 Money on hand 8,507,337 Miscellaneous property - . . 24,441,356 Total value $292,818,743 State ad valorem tax, >< per cent $1,404,244 68 State poll, 230,069, at $2 each 460,138 GO Total State tax $1,924,382 68 Average value of land per acre $2 04^ TJNRENDERED PROPERTY. Description of Property. Valued at Number of acres, 15,035,411 $19,462,180 Town lots 2,789,878 Number miles of railroad, 18 81,000 Number miles of telegraph, 12 5,000 Number acres, land certificates, 19,392 2,840 Number of steamboats, sailing vessels, etc., 217 239,000 Number of carriages, buggies, etc., 845 42,597 Manufacturers' tools, implements, etc 59,290 Materials and manufactured articles 525 Number of horses and mules, 18.584 284,581 Numl)er of cattle, 149,983 883,342 Number of jacks and jennets, 72 3.985 Number of sheep, 65.533 78.601 Number of goats, 5.201 3.550 Number of hogs, 5,976 11,558 Goods, wares and merchandise x,333,910 Monej'^ on hand 317,176 MisceUaneous property 518,009 Total value $26,117,022 State ad valorem tax,>^ of 1 per cent $130,583 78 Number polls, 2,335, $2 each 4,670 00 Total, $135,253 78 Average value of land per acre $1 29 Total amount of property rendered and unrendered $318,985,765 State ad valorem tax, >^ of 1 per cent $1,594,828 46 Poll tax 464.808 00 Total $2,059,636 46 MASONIC HEADQUARTERS OF STATE, HOUSTON. CONSTITUTION OF THE STATE. PREAMBLE. Humbly invoking the blessing of Almighty God, the people of the State of Texas do ordain and establish this Constitution. ARTICLE I. BILL OF RIGHTS. That the general, great, and essential principals of liberty and free gov- ernment may be recognized and established, we declare : Section 1. 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 right of local self-government unimpaired to all the States. g Sec, 2. All political power is inhei-ent in the people, and all free govern- ments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a repub- lican 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 manner as they may think expedient. Sec, 3. All free men, when they form a social compact, have equal rights and no man, or set of men, is entitled to exclusive separate public emolu- ments, or privileges, but in consideration of public services. Sec. 4. No i-eligious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowl- edges the existence of a Supreme Being. Sec. 5. No person shall be disqualified to give evidence in any of the courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding u[)on the conscience, and shall be taken subject to the pains and penalties of i)erjury. Sec. G. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any relio-ious society or mode of worship. But it shall be the duty of the legislature to pass such laws as may be necessary to protect equally every reliii^ious denomination in the peaceable enjoyment of its own mode oi" public wor- ship. 796 HISTORY OF TEXAS. Sec. 7. No money shall be appropriated or drawn from the treasury for the benefit of any sect, or religious society, theological or religious semi' nary ; nor shall property belonging to the State be appropriated for any such purposes. Sec. 8. Every person shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers investigating the con/ duct of officers or men in public capacity, or when the matter published is proper for pubJic information, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the coui-t, as in other cases. Sec. 9. The people shall be secure, in their persons, houses, papers, and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation. Sec. 10. In all criminal prosecutions, the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself He shall have the right of being heard by himself or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor. And no person shall be held to answer for a criminal offence, unless on indictment of a Grand Jury, except in cases in which the punishment is by fine or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. Sec. 11. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the i^roof is evident; but this provision shall not be so construed as to prevent bail after indictment found, upon examination of the evidence in such manner as may be prescribed by law. Sec. 12 The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual. Sec. 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person, for an injury done him in his lands, goods, persoij, or reputa- tion shall have remedy by due course of law. Sec. 14. No person, for tlie same offence, shall be twice put in jeopardy of life or liberty ; nor shall a person be again put upon trial for the same offence after a verdict of not guilty in a court of competent jurisdiction. Sec. 15. The right of trial by jury shall remain inviolate. The Legisla- ture shall pass such laws as may be needed to regulate the same, and ta maintain its purity and efficiency. CONSTITUTION. i^l Sec. 16. No bill of attaindei', ex post facto law, retroactive law. or auy law impairing the obligation of contracts, shall be made. Sec. 17. No pei'son's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; and when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money ; and no irrevocable or uncontrollable grant of special pri^dlegcs or immunities shall be made; but all privileges and franchises granted by the Legislatui'e, or created under its authority, shall be subject to the control thereof. Sec. 18. No person shall ever be imprisoned for debt. Sec. 19. No citizen of this State shall be deprived of life, liberty, prop- erty, privileges, or immunities, or in any manner disfranchised, except by the due course of the law of the land. Sec. 20. No person shall be outlawed; nor shall any person be trans- ported out of the State for any offence committed within the same. Sec. 21. No conviction shall work corruption of blood, or forfeiture of estate ; and the estates of those who destroy their own lives shall descend or vest as in case of natural death. Sec. 22. Treason against the State shall consist only in levying war against it, o/ adhering to its enemies, giving them aid and comfort; and no person shall be convicted of treason except on the testimony of two wit- nesses to the same overt act, or on confession in open court. Sec. 23. Every citizen shall have the right to keep and bear arms in the lawful defence of himself or the State; but the Legislature shall have power by law to regulate the wearing of arms, with a view to pi'event crime. Sec. 24. The military shall at all times be subordinate to the civil au- thority. Sec. 25. No soldier shall in time of peace be quartered in the house of any citizen without the consent of the owner, nor in time of war but in a manner prescribed by law. Sec. 26. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed ; nor shall the law of primogeni- ture or entailments ever be in force in this State. Sec. 27. The citizens shall have the right, in a peaceable manner, to assemble together for their common good, and apply to those invested with the power of government for redress of grievance or other purposes, by petition, address, or remonstrance. Sec. 28. No power of suspending laws in this State shall be exercised except by the Legislature. Sec. 29. To guard against transgressionsof the higher powers herein dele- gated, we declare that everything to this ' ' liill of Eights " is excepted out 798 HISTORY OF TEXAS. of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void. AKTICLE II. THE POWERS OF GOVERNMENT. Section 1. The powers of the government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: those which are legislative to one, those which are executive to another, and those which are judicial to another ; and no person, or collection of persons, being of one of these departments^ shall exercise any power prooerly attached to either of the others, except iu the instances herein expressly permitted. ARTICLE III. LEGISLATIVE DEPARTMENT. Section 1. The legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled " The Legis- lature of the State of Texas." Sec. 2. The Senate shall consist of thii'ty-one members, and shall never be increased above this number. The House of Representatives shall consist of ninety-three members until the first apportionment after the adoption of this Constitution, when, or at any apportionment thereafter, the number of Representatives may be increased by the Legislature, upon the ratio of not more than one Representative for every fifteen thousand inhabitants ; ^^ro- vided, the number of Representatives shall never exceed one hundred and fifty. Sec. 3. The Senators shall be chosen by the qualified electors for the term of four years ; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one-half of the Senators shall be chosen biennially thereafter. Sec. 4. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shall be two years from the day of their election. Sec. 5. The Legislature shall meet every two years, at such time as may be provided by law, and at other times, when convened by the Governor. Sec. 6. No person shall be a Senator, unless he be a citizen of the United States, and at the time of his election a qualified elector of this State, and shall have been a resident of this State five years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-six years. Sec. 7. No person shall be a Representative, unless he be a citizen of the United States, and at the time of his election a qualified elector of this State, POST OFFICE, GAIiVESTON. CONSTITUTION". 801 and shall have been a resident of this State two years next preceding his election, the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-one years. Sec. 8. Each House shall be the judge of the qualifications and election of its own members ; but contested elections shall be determined in such manner as shall be provided by law. Sec. 9. The Senate shall, at the beginning and close of each session, and at such other times as may be necessary, elect one of its members President pro tempore, who shall perform tlie duties of the Lieutenant-Governor in any case of absence or disability of that officer, and whenever the said office of Lieutenant-Governor shall be vacant. The House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a Speaker from its own members ; and each House shall choose its other officers. Sec. 10. Two-thirds of each House shall constitute a quorum to do busi- ness, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide. Sec. 11. Each House may determine the rules of its own proceedings punish members for disorderly conduct, and, with the consent of two-thirds^ expel a member, but not a second time for the same offence. Sec. 12. Each House shall keep a journal of its proceedings, and publish the same ; and the yeas and nays of the members of either House on any question shall, at the desire of any three members present, be entered on the journals. Sec. 13. AVhen vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies ; and should the Governor fail to issue a writ of elec- tion to fill any such vacancy within twenty days after it occurs, the return- ing officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose. Sec. 14. Senators and Representatives shall, except in cases of treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing one day for every twenty miles such member may reside from the i)lace at which the Legislature is convened. Sec. 15. Each House may punish, by imprisonment, during its sessions, any person not a member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its proceedings; provided, such impris- onment shall not at any one time, exceed forty-eight hours. Sec. 16. The sessions of each House shall be open, except the Senate when in executive session. Sec. 17. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that where the Legis- lature may be sitting. 802 HISTORY OF TEXAS. Sec. 18. No Senator or Representative shall, during the term for which he may be elected, be eligible to any civil office of profit under this State which shall have been created or the emoluments of which may have been increased during such term; no member of either House shall, during the term for which he is elected, be eligible to any office or place, the appointment to which may be made, in whole or in part, by either brancli of the Legis- lature ; and no member of either House sliall vote for any other member for any office whatever, which may be tilled by a vote of the Legislature, except in such cases as are in this Constitution provided. K^or shall any member of the Legislature be interested, either directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected. Sec. 19. No judge of any court. Secretary of State, Attorney-General, clerk o any court of record, or any i^erson holding a lucrative office under the United States, or this State, or any foreign government, shall, during the term for which he is elected or appointed, be eligible to the Legislature, Sec. 20. No person who at any time may have been a collector of taxes, or who may have been otherwise entrusted with public money, shall be eligible to the Legislature, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, or for all public moneys with wliich he may have been en- trusted. Sec. 21. No member shall be questioned in any other place for words spoken in debate in either House, Sec. 22. A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House of which he is a member, and shall not vote thereon. Sec. 23. If any Senator or Eepresentative remove his residence from the district or county for which he was elected, his office shall thereby become vacant, and the vacancy shall be filled as provided in section 13 of this arti- cle. Sec. 24. The members of the Legislature shall receive from the public Treasury such compensation for their services as may, from time to time, be provided by law, not exceeding five dollars per day for the first sixty days of each session ; and after that not exceeding two dollars per day for the remainder of the session ; except the first session held under this Con- stitution, when they may receive not exceeding four dollars per day for the first ninety days, and after that not exceeding two dollars per day for the remainder of the session. In addition to the per diem the members of each House shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five dollars for every twenty- five miles, the distance to be computed by the nearest and most direct route of travel by land, regardless of railways and water routes; and the Comp- troller of the State shall prepare and preserve a table of distances to each county seat now or hereafter to be estalished, and by such table the mileage of each member shall be paid; but no member shall be entitled to mileage CONSTITUTION. 803 for any extra session that may be called within one day after the adjourn- ment of a regular or called session. Sec. 25. The State shall be divided into senatorial districts of contiguous territory, according to the number of qualified electors, as nearly as may be, and each district shall be entitled to elect one Senator, and no single county shall be entitled to more than one Senator. Sec. 26. The members of the House of Representatives shall be appor- tioned among the several counties, according to the number of population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed : Provided, that when- ever a single county has sufficient population to be entitled to a Representa- tive, such county shall be formed into a separate representative district, and when two or more counties are required to make up the ratio of represen. tation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Representative or Representatives shall be appor- tioned to such county, and for any surplus of population it may be joined in a representative district with any other contiguous county or counties. Sec. 27. Elections for Senators and Representatives shall be general thx-oughout the State, and shall be regulated by law. Sec. 28. The Legislature shall, at its tirst session after the publication of each United States decennial census, apportion the State into senatorial and representative districts, agreeably to the provisions of section 25 and 26 of this article ; and until the next decennial census, when the first apportion- ment shall be made by the Legislature, the State shall be, and it is hereby; divided into senatorial and representative districts, as provided by an ordin- ance of the Convention on that subject. PROCEEDINGS. Sec. 29. The enacting clause of all laws shall be, "Be it enacted by the Legislatui'e of the State of Texas." Sec 30. No law shall be passed except by bill, and no bill shall be so amended in its passage through either House as to change its original pur- pose. Sec 31. Bills may originate in either House, and when passed by such House, may be amended, altered, or rejected by the other. Sec. 32. No bill shall have the force of law until it has been read on three several days in each House, and free discussion allowed thereon; but in cases of imperative public necessity (which necessity shall be stated in a lireamble, or in the body of the bill), four-fifths of the House in which the bill may be pending may suspend this rule, the yeas and nays being taken on the question of suspension, and entered upon the journals. Sec 33. All bills for raising revenue shall originate in the House of Rep- resentatives, but the Senate may amend or reject them as other bill^. Sec 34. After a bill has been considered and defeated by either House of 804 HISTORY OF TEXAS. the Legislature, no bill containing the same substance shall be passed into a law during the same session. After a resolution has been acted on and defeated, no resolution containing the same substance shall be considei-ed at the same session. Sec. 35. No bill (except general appropriation bills, which may embrace the various subjects and accounts for and on account of wliich moneys are appropriated) shall contain more than one subject, which shall be expressed ill its title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed. Sec. 36. No law shall be revived or amended by reference to its title ; but in such case the act revived or the section or sections amended shall be re- enacted and published at length. Sec. 37. No bill shall be considei'ed, unless it has been first referred to a committee and reported thereon ; and no bill shall be passed which has not been presented and referred to and reported from a committee at least three days before the final adjournment of the Legislature.' Sec. 38. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read before signing; and the fact of signing shall be entered on the journals. Sec. 39. No law passed by the Legislature, except the general appropria- tion act, shall take effect or go into force until ninety days after the adjourn- ment of the session at which it was enacted, unless in case of an emergency, which emei'gency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct ; said vote to be taken by yeas and nays, and entered upon the journals. Sec. 40. When the Legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the pro- clamation of the Governor calling such session, or presented to them by the Governor; and no such session shall be of longer duration than thirty days. Sec. 41. In all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers. REQUIREMENTS AND LIMITATIONS. Sec. 42. The Legislature shall pass such laws as may be necessary to carry into effect provisions of this Constitution. Sec. 43. The first session of the Legislature under this Constitutiow shall provide for revising, digesting, and publishing the laws, civil and criminal ; and a like revision, digest, and publication may be made every ten years thereafter; provided, that in the adoption of and giving effect to any such digest or revision, the Legislature shall not be limited by Sections 35 and 36 of this article. VIEW OF CORK FIELD IN BRAZOS BOTTOM, ROBERTSON COUNTY. Taken MavISth, 1878, ou I. & G. N. R. R. CONSTITUTION. 807 Sec. 44. The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for in this Constitution, but shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall lun-e been performed or contract entered into for the performance of the same; nor grant by appropriation or otherwise, any amount of money out of the treas- ury of the State, to any individual, on a claim, real or pretended, when the same shall not have been provided for by pre-existing law •, nor employ any one in the name of the State unless authorized by pre-existing law. Sec. 45. The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided by law ; and the Legislature shall pass laws for that purpose. Sec. 46. The Legislature shall, at its first session after the adoption of this Constitution, enact effective vagrant laws. Sec. 47. The Legislature shall pass laws prohibiting the establishment of lotteries and gift enterprises, in this State, as well as the sale of tickets in lotteries, gift enterprises, or other evasions involving the lottery princi- ple, established or existing in other States. Sec. 48. The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the econom- teal administration of the government, in which may be included the follow- ing purposes : The payment of all interest upon the bonded debt of the State ; The erection and repairs of public buildings ; The benefit of the sinking fund, which shall not be more than two per centum of the public debt ; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate ; The support of public schools, in which shall be included colleges and universities established by the State ; and the maintenance and support of the Agricultural and Mechanical College of Texas ; The payment of the cost of assessing and collecting the revenue ; and the payment of all officers, agents, and employees of the State government, and all incidental expenses connected therewith; The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum, the State Cemetery, and the public grounds of the State; The enforcement of quarantine regulations on the coast of Texas ; The protection of the frontier. Sec. 49. No debt shall be created by or on behalf of the State, except to supply casual deficiencies of the revenue, repel invasion, suppress insurrec- tion, defend the State in war, or pay existing debt; and the debt created to supply deficiencies in the revenue shall never exceed in the aggregate at any one time two hundred thousand dollars. Sec. 50. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State in aid of, or to any person, association, or corporation, whether municipal or other; or to 43 808 HISTORY OF TEXAS. pledge the credit of the State in any manner whatsoever, for the payment of the liabilities, present or prospective, of any individual, association of individuals, municipal or other corporation whatsoever. Sec. 51. The Legislature shall have no power to make any grant, or au- thorize the making of any grant, of public money to any individual, asso- ciation of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity. Sec. 52. The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public mone\' or thing of value, in aid of or to anj' individual, association, or corporation whatsoever; or to become a stock- holder in such corporation, association, or company. Sec. 53. The Legislature shall have no power to grant, or to authorize any county or municipal authority to grant, any extra compensation, fee, or allowance to a public officer, agent, servant, or contractor, after service has been rendered, or a contract has been entered into, and performed in whole or in part ; nor pav, nor authorize the payment of, any claim created against any county or municipality of the State, under any agreement or contract, made without authority of law. Sec. 54. The Legislature shall have no power to release or alienate any lien held by the State upon any railroad, or in anywise change the tenor or meaning, or pass any act explanatory thereof; but the same shall be enforced in accordance with the original terms upon which it was acquired. Sec. 55. The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebt- edness, liability," or obligation of any incorporation or individual to this State, or to any county, or other municipal corporation therein. Sec. 56. The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law, authorizing: The creation, extension, or impairing of liens; Regulating the affairs of counties, cities, towns, wards, or school districts ; Changing the name of persons or places; changing the venue in civil or criminal cases ; Authorizing the laying out, opening', altering, or maintaining of roads, highways, streets, or alleys ; Relating to ferries and bridges, or incorporating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other State ; Vacating roads, town plats, streets, or alleys ; Relating to cemeteries, graveyards, or public grounds not of the State; Authorizing the adoption or legitimation of children; Locating or changing county seats; Incorporating cities, towns, or villages, or changing their charters ; For the opening and conducting of elections, or fixing or changing the places of voting; CONSTITUTION. 809 Oranting divorces ; Creating offices, or prescribing tlie powers and duties of officers, in counties, cities, towns, election or school districts ; Changing the law of descent or succession ; Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or enquiry before courts, justices of tlie ppace, sheriffs, commissioners, arbitrators, or other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the effect of judicial sales of veal estate; Regulating the fees, or extending the powers and duties of aldermen, justices of the peace, magistrates, or constables; Regulating the management of public schools, the building or repairing of school-houses, and the raising of money for such purposes ; Fixing the rate of interest ; Affecting the estates of minors, or persons under disability; Remitting fines, penalties, and forfeitures, and refunding moneys legally paid into the treasury; Exempting property from taxation ; Regulating labor, trade, mining, and manufacturing ; Declaring any named person of age; Extending the time for the assessment or collection of taxes, or otherwise relieving any assessor or collector of taxes from the due performance of his official duties, or his securities from liability; Giving effect to informal or invalid wills or deeds; Summoning or impanelling grand or petit juries; For limitation of civil or criminal actions; For incorporating railroads or other work of internal improvements; And in all other cases where a general law can be made applicable, no local or special law shall be enacted ; provided, that nothing herein contained shall be construed to pi'ohibit the Legislature from passing special laws for the preservation of the game and fish of this State in certain localities. Sec. 57. No local or special law shall be passed, unless notice of the inten- tion to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the Legislature of such bill, and in the manner to be provided by law. The evidence of such notice having been published shall be exhibited in the Legislature before such act shall be passed. Six. 58. The Legislature shall hold its sessions at the city of Austin, which is hereby declared to be the Seat of Government. ARTICLE IV. EXECUXrV'E DEPARTMENT. Section 1. The Executive Department of the State shall consist of a Governor, who shall be the chief Executive Officer of the State, a Lieutenant- 810 HISTORY OF TEXAS. Governor, Secretary of State, Comptroller of Public Accounts, Treasurer, Commissioner of the General Land Office, and Attorney-General. Sec. 2. All the above officers of the Executive Department (except Sec- retary of State) shall be elected by the qualified voters of the State at the time and places of election for members of the Legislature. Sec. 3. The returns of every election for said Executive Officers, until otherwise provided by law, shall be made out, sealed up, and transmitted by the returning officers prescribed by law, to the seat of government, directed to the Secretary of State, who shall deliver the same to the Speaker of the House of Representatives, as soon as the Speaker shall be chosen ; and the said Speaker shall, during the first week of the session of the Legisla- ture, open and publish them in the presence of both Houses of the Legisla- ture. The person, voted for at said election, having the highest number of votes for each of said offices respectively, and being constitutionally eligible, shall be declared by the Speaker, under sanction of the Legislature, to be elected to said office. But if two or more persons shall have the highest and an equal number of votes for either of said offices, one of them shall be immediately chosen to such office by joint vote of both Houses of the Leg- islature. Contested elections for either of said offices shall be determined by both Houses of the Legislature in joint session. Sec. 4. The Governor shall be installed on the first Tuesday after the or- ganization of the Legislature, or as soon thereafter as practicable, and shall hold his office for the term of two years, or until his successor shall be duly installed. He shall be at least thirty years of age, a citizen of the United States, and shall have resided in this State at least five years immediately preceding his election. Sec. 5. He shall, at stated times, receive as compensation for his services an annual salary of four thousand dollars, and no more, and shall have the use and occupation of the Governor's mansion, fixtures, and furniture. Sec. 6. During the time he holds the office of Governor he shall not hold any other office, civil, military, or corporate ; nor shall he practice any pro. fession, and receive compensation, reward, fee, or the promise thereof, for the same; nor receive anj^ salary, reward, or compensation, or the promise thereof, from any person or corporation, for any service rendered or per- formed during the time he is Governor, or to be thereafter rendered or per- formed. Sec. 7. He shall be commander-in-chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, repel invasions, and protect the frontier from hostile incursions by Indians or other predatory bands. Sec. 8. The Governor may, on extraordinary occasions, convene the Legislature at the seat of government, or at a different place in case that should be in possession of the public enemy, or in case of the prevalence of disease thereat. His proclamation therefor shall state specifically the pur- pose for which the Legislature is convened. TREMONT STREET, GALVESTON. CONSTITUTION. 813 Skc. 9. The Governor shall, at the commencement of each session of the Legislature, and at the close of his term of office, give to the Legislature information, by message, of the condition of the State ; and he shall recom- mend to the Legislature such measures as he may deem expedient. He shall account to the Legislature for all public moneys received and paid out by him from any fund subject to his order, with vouchers ; and shall accom- pany his message with a statement of the same. And at the commencement of each regular session he shall present estimates of the amount of mouey required to be raised by taxation for all purposes. Sec. 10. He shall cause the laws to be faithfully executed; and shall con- duct, in person, or in such manner as shall be prescribed by law, all inter- course and business of the State with other States and with the United States. Sec. 11. In all criminal cases, except treason and impeachment, he shall have power, after conviction, to grant reprieves, commutations of punish- ment, and pardons ; and, under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures. With the advice and consent of the Senate, he may grant pardons in case of treason, and to this end he may respite a sentence therefor, until the close of the succeeding session of the Legislatui-e : 2^^'ovidecl, that in all cases of remissions of tines and forfeitures, or grants of reprieve, commutation of punishment, or par- don, he shall tile in the office of the Secretary of State his reasons therefor. Sec. 12. All vacancies in State or district offices, except members of the Legislature, shall be filled, unless otherwise provided by law, by appoint- ment of the Governor, which appointment, if made during its session, shall be with the advice and consent of two-thirds of the Senate present. If made during the recess of the Senate, the said appointee, or some other per- son to fill such vacancy, shall be nominated to the Senate during the first ten days of its session. If rejected, said office shall immediately become vacant, and the Governor shall, without delay, make further nominations, until a further confirmation takes place. But should there be no confirma- tion during the session of the Senate, the Governor shall not thereafter appoint any person to fill such vacancy who has been rejected by the Senate ; but may appoint some other person to fill the vacancy until the next session of the Senate, or until the regular election to said office, should it sooner occur. Appointments to vacancies in offices elective by the people shall only continue until the first general election thereafter. Sec. 13. During the session of the Legislature the Governor shall reside where its sessions are held, and at all other times at the seat of govermnent, except when, by act of the Legislature, he may be required or authorized to reside elsewhere. Sec. 14. Every bill which shall have passed both Houses of the Legisla- ture shall be presented to the Governor for his approval. If he approve, he shall sign it; but if ho disapprove it, he shall return it, with his objections, to the House in which it originated, which House shall enter the olijcctious at large upon its journal, and proceed to reconsider it. If, after such recou- 814 HISTOEY OF TEXAS. sideratioii, two-thirds of tlie members present agree to pass the bill, it shall be sent, with the objections, to the other Ilonse, by which likewise it shall be reconsidered ; and, if approved by two thirds of the members of that House, it shall become a law ; but in such cases the votes of both Houses sliall be determined by yeas and nays, and the names of the members voting- for and against the bill shall be entered on the journal of each House re- spectively If any bill shall not bo returned by the Governor with his objections within ten days (Sundays excepted) after it shall have been pre- sented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature, by its adjournment, prevent its return ; in which case it shall be a law, unless he shall file the same, with his objections, in the oflSce of the Secretary of State, and give notice thereof by public proc- lamation within twenty days after such adjournment. If any bill presented to the Governor contains several items of appropriation, he may object to one or more of such items, and approve the other portion of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and no item so objected to shall take effect. If the Leijislature'be in session he shall transmit to the House in which the bill originated a copy of such statement, and the item objected to shall be separately considered. If, on reconsideration, one or more of such items be approved by two-thirds of the members present of each House, the same shall be part of the law, notwithstanding the objections of the Governor. If anv such bill, containing several items of appropriation, not having been pi'esenied to the Governor ten days (Sundays excepted) prior to adjourn- ment, be in the hands of the Governor at the time of adjournment, he shall have twenty days from such adjournment within which to file objections to a7iy items thereof and make proclamation of the same, and such item or items shall uot take effect Sec. 15. Every order, resolution, or vote to which the concurrence of both Houses of the Legislature may be necessary, except on questions of adjourn- ment, shall be presented to the Governor, and, before it shall take effect, shall be appi-oved by him ; or, being disapproved, shall be repassed by both Houses; and all the rules, provisions, and limitations shall apply thereto as prescribed in the last preceding section in the case of a bill. Sec. 1G. There shall also be a Lieutenant-Govei'uor, who shall be chosen at every election for Governor by the same electors, in the same manner, continue in office the same time, and possess the same qualifications. The electors shall distinguish for whom they vote as Governor and for whom as Lieutenant-Governor. The Lieutenant-Governor shall by virtue of his office be President of the Senate, and shall have, when in Committee of the Whole, a right to debate and vote on all questions ; and wheu the Senate is equally divided, to give the casting vote. In case of the death, resignation, removal from oflice, inability, or refusal of the Governor to serve, or of his impeach- ment or absence from the State, the Lieutenant-Governor shall exercise the powers and authority appertaining to the office of Governor until another be chosen at the periodical election, and be duly qualified; or until the Governor impeached, absent, or disabled, shall be acquitted, return, or his disabilitv be removed. CONSTITUTION. 815 Sec. 17. If, dnring the vacancy in the office of Governor, the Lieutenant- Governor should die, resign, refuse to serve, or be removed from office, or be unable to serve, or if lie shall be impeached or absent from the State the president of the Senate, for the time being, shall, in the like manner, administer the government until he shall be superseded by a Governor or Lieutenant-Governor. The Lieutenant-Governor shall, while he acts as president of the Senate, receive for his services the same compensation and mileage AVliich shall be allowed to the members of the Senate, and no more ; and during the time he administers the Government, as Governor, he shall receive in like manner the same compensation which the Governor would have received had he been employed iu the duties of his office, and no more. The president, for the time being, of the Senate, shall, during the time he administers the government, receive in like manner the same compensation which the Governor would have received had he been employed in the duties of his office. Sec. 18. The Lieutenant-Governor or president of the Senate succeeding to tl'ie office of Governor shall, during the entire term to which he may succeed, be under all the restrictions and inhibitions imposed in this Consti- tution on the Governor. Sec. 19. There shall be a Seal of the State, which shall be kept by the Secretary of State, and used by him officially under the direction of the Governor. The Seal of the State shall be a star of five i^ointSj encircled by olive and live-oak branches, and the words, " The State of Texas." Sec. 20. All commissions shall be in the name and by the authority of the State of Texas, sealed with the State seal, signed by the Governor, and at- tested by the Secretary of State. Sec. 21. There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and who shall continue in office during the term of service of the Governor. He shall authenticate the publication of the laws, and keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relrtive thereto, before the Legislature, or either House thereof, and shall perform such other duties as may be required of him by law. He shall receive for his services au annual salary of two thousand dollars, and no more. Seo. 22. The Attorney-General shall hold his office for two years and until his successor is duly qualified. He shall repi*esent the State in all suits and pleas in the Supreme Court of the State in which tlie State may be a party, and shall especially enquire into the charter rights of all private cor- porations, and from time to time, in the name of the State, take such action in the courts as may be proper and necessary to prevent any private cor- poration from exercising any power or demanding or collecting any species of taxes, tolls, freight, or wharfage, not authorized by law. He shall, when- ever sufficient cause exists, seek a judicial forfeiture of such charters, un- less otherwise expressly directed by law, and give legal advice in writing to the Governor and other executive officers, when requested by them, and ixjrform such other duties as may be required by law. He shall reside at 816 HISTOEY or TEXAS. the seat of government daring his continuance in office. He shall receive for his services an annual salary of two thousand dollars, and no more, besides such fees as may be prescribed by law; provided, that the fees which he may I'eceive shall not amount to more than two thousand dollars annually. Sec. 23. The Comptroller of Public Accounts, the Treasurer, and the Connnissioner of the General Land Office shall each hold office for the term of two years, and until his successor is qualified ; receive an annual salary of two thousand and five hundred dollars, and no more ; reside at the cap- ital of the State during his continuance in office ; and perform such duties as are or may be required of him by law. They and the Secretary of State shall not receive to their own use any fees, costs, or perquisites of office. All fees that may be payable by law for any service performed by any officer specified in this section, or in liis office, shall be paid, when received, into the State Treasury. Sec. 24. An account shall be kept by the officers of the executive depart- ment, and by all officers and managers of State institutions, of all monej-s and choses in action received and disbursed or otherwise disposed of by them, sevex'allv, from all sources, and for every service performed; and a semi-annual report thereof shall be made to the Governor under oath. The Governor maj', at any time, require information in writing from any and all of said officers or managers, upon any subject relating to the duties, condi- tion, management, and expenses of their respective offices and institutions, which information shall be required by the Governor under oath, and the Governor may also inspect their books, accounts, vouchers, and public funds ; and any officer or manager who, at any time, shall wilfully n^ake a false report or give false information, shall be guilty of perjury, and so adjudged and punished accordingly, and removed from office. Sec. 25. The Legislature shall pass efficient laws facilitating the investi- gation of breaches of trust and duty by all custodians of public funds, and jiroviding for their suspension from office on reasonable cause shown, and for the appointment of temporary incumbents of their offices during such suspension. Sec. 26. The Governor, by and with the advice and consent of tAVO-thirds of the Senate, shall appoint a convenient number of notai'ies public for each county, who shall perform such duties as now are or may be pre- scribed by law. ARTICLE V. JUDICIAL DEPARTMENT. , Section 1. The judicial power of this State shall be vested in one Su- preme Court, in a Court of Appeals, in District Courts, in County Courts, in Commissioner's Courts, in Courts of Justices of the Peace, and in such other courts as may be established by law. The Legislature may establish Criminal District Courts, with such jurisdiction as it may prescribe, but no such court shall be established unless the district includes a city containing at least thirty thousand inhabitants, as ascertained by the census of the United THE STATE INSANE ASYLUM. AUSTIN. CONSTITUTION. 819 States or other official census ; j^rovided, such town or city shall support said Criminal District Courts when established. The Criminal District Court of Galveston and Harris counties shall continue with the district, jurisdiction, and organization now existing by law, until otherwise pro- vided by law. Sec. 2. The Supreme Court shall consist of a Chief Justice and two Asso- ciate Justices, any two of whom shall constitute a quorum, and the concur- ren^,e of two judges shall be necessary to the decision of a case. No person shall be eligible to the office of Chief Justice or Associate Justice of the Supreme Court unless he be at the time of his election a citizen of the United States and of this State, and unless he shall have attained the age of thirty yeai'S, and shall have been a practising lawyer or a judge of a court in this State, or such lawyer and judge together, at least seven years. Said Chief Justice and Associate Justices shall be elected by the qualified voters of the State at a general election, shall hold their offices for six years, and shall each receive an annual salary of not more than three thousand five hundred and fifty dollars. In case of a vacancy in the office of Chief Justice or Asso- ciate Justice of the Supreme Court, the Governor shall fill the vacancy until the uext general election for State officers, and at such general election the vacancy for the unexpired term shall be filled by election by the qualified voters of the State. Sec. 3. The Supreme Court shall have appellate jurisdiction only, which shall be co-extensive with the limits of the State ; but shall only extend to civil cases of which the District Courts have original or appellate jurisdic- tion. Appeals may be allowed for interlocutory judgments of the Dis- trict Courts, in such cases and under such regulations as may be provided by law. The Supreme Court and the Judges thereof shall have power to issue, under such regulations as may be prescribed by law, the writ of mandamus, and all other writs necessary to enforce the jurisdiction of said court. The Supreme Court shall have power, upon affidavit or otherwise, as by court may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. The Supreme Court shall sit for the transaction of business from the first Monday in October until the last Saturday of June of every year, at the seat of government, and at not more than two other places in the State. Sec. 4. The Supreme Court shall appoint a clerk for each place at which it may sit, and each of said clerks shall give bond in such manner as is now or may hereafter be required by law ; shall hold his office for four years, and sliall be subject to removal by said court for good cause entered of record on the minutes of said court. Sec. 5. The Court of Appeals shall consist of three judges, any two of whom may constitute a quorum, and a concurrence of two judges shall be necessary to a decision of said court. They shall be elected by the qualified voters of the State at a general election. They shall be citizens of the United States and of this State ; shall have arrived at the age of tiiirty years at the lime of election ; each shall have been a practising lawyer, or a judge of a court in this State, or such lawyer and judge together, for at least S20 illSTOKY OF TEXAS. seven years. Said judges shall hold their offices for a term of six years, and each of tliem shall receive an annual salary of three tliousand five hundred and fifty dollars, which shall not be increased or diminished during their term of office. Sec. 6. The Court of Appeals shall have appellate jurisdiction co-exten- sive Avitli the limits of the State in all criminal cases, of whatever grade, and in all civil cases, unless hereafter otherwise provided by law, of which the County Courts have original or appellate jurisdiction. In civil cases its opinions shall not be published unless the publication of such opinions be required by law. The Court of Appeals and the judges thereof shah have power to issue the writ of habeas corpus; and under such regulations as may be prescribed by law, issue such writs as may be necessary to enforce its own jurisdiction. The Court of Appeals shall have power, upon affida- vits, or otherwise, as by the court may be thought proper, to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. The Court of Appeals shall sit for the transaction of business from the first Mon- day of October until the last Saturday of June of every year, at the capital, and at not more than two other places in the State, at which the Supreme Court shall hold its sessions. The court shall appoint a clerk for each place at which it may sit, and each of said clerks shall give bond in such manner as is now or may hereafter be required by law ; shall hold his office for four years, and shall be subject to removal by the said court for good cause, entertd of record on the minutes of said court. Sec, 7, The State shall be divided into twenty-six judicial districts, which may be increased or diminished by the Legislature. For each district there shall be elected, by the qualified voters thereof, at general election for members of the Legislature, a judge, who shall be at least twentj^-five years of age, shall be a citizen of the United States, shall have been a prac- tising attorney or a judge of a court in this State for the period of four years, and shall have resided in the district in which he is elected for two years next before his election; shall reside in his district during his term of office ; shall hold his office for the term of four j-ears ; shall receive an annual salary of twenty-five hundred dollars, which shall not be increased or diminished during his term of service ; and shall hold the regular terms of court at one place in each county in the district twice in each year, in such manner as may be prescribed by law. The Legislature shall have power by general act to authorize the holding of special terms, when nec- essary, and to provide for holding more than two terms of the court in any county, for the dispatch of business ; and shall provide for the holding of District Courts when the judge theieof is absent, or is from any cause dis- abled or disqualified from presiding. Sec. S. The District Court shall have original jurisdiction in criminal cases of the grade of felony ; of all suits in behalf of the State to recover penalties, forfeitures, and escheats; of all cases of divorce; in cases of misdemeanors involving official misconduct; of all suits to recover damages for slander or defamation of character; of all suits for the trial of title to laud, and for the enforcement of liens thereon ; of all suits for trial of right CONSTITUTION. 821 to propei'ty levied on by virtue of any writ of execution, sequestration, or attachment when the property levied on shall be equal to or exceed in value five hundred dollars; and of all suits, complaints, or pleas whatever^ without regard to any distinction between law and equity, when the matter in controversy shall be valued at, or amount to five hundred dollars, exclu- sive of interest; and the said courts and the judges thereof shall have power to issue writs of habeas corpus in felony cases, mandamus, injunction,. certiorari, and all writs necessary to enforce their jurisdiction. The District Courts shall have appellate jurisdiction and general control in pi-obate matters over the County Court established in each county for appointing guardians, granting letters testamentary and of administration, for settling the accounts of executors, administrators, and guardians, and for the trans- action of business appertaining to estates; and original jurisdiction and general control over executors, administrators, guardians, and minors, under such regulations as may be prescribed by the Legislature. All cases now pending in the Supreme Court, of which the Court of Appeals has appellate jurisdiction under the provisions of this Article, shall, as soon as practicable after the establishment of said Court of Appeals, be certified, and the records ti'ansmitted to the Court of Appeals, and shall be decided by such Court of Appeals as if the same had been originally appealed to such court. Sec. 9. There shall be a clerk for the District Court of each county, who shall be elected by the qualified voters for the State and county officers, and who shall hold his office for two years, subject to removal by informa- tion, or by indictment of a grand jury, and conviction by a petit jury. In case of vacancy the judge of the District Court shall have the power to ap- point a clerk, who shall hold until the office can be filled by election. Sec. 10. In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be impai.c'led in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be jirescribed by the Legis- lature. Sec. 11. No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or con- sanguinity, within such degree as may be prescribed by law, or where he shall have been counsel in the case. When the Supreme Court, or tiie Ap- pellate Court, or any two of the members of either, shall be thus disquali- fied to hear and determine any ease or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law, for the trial and deter- mination of said cause or causes. When a judge of the District Court is disqualified by any of tliG causes above stated, the parties may, by consent, appoint a pi-oper person to try said case; or upon their failing to do so, a competent person may be appointed to try the same in the couiU v where it is pending, in such manner as may be prescribed by law. And the District Judges may exchange districts, or hold courts for each other, wheu they 822 HISTORY OF TEXAS. may deem it expedient, and shall do so when directed by law. The dis- qualification of judges of inferior tribunals shall be remedied, and vacan- cies in their offices shall be filled, as prescribed by law. Sec. 12. All judges of the Supreme Court, Court of Appeals, and District Courts shall by virtue of their offices, be conservators of the peace through- out the State. The style of all writs and process shall be " The State of Texas." All pi'osccutions shall be carried on in the name and by the au- thority of " The State of Texas," and conclude " against the peace and dignity of the State." Sec. 13. Grand and petit juries in the District Courts shall be composed of twelve men ; but nine members of a grand jury shall be a quorum to transact business and present bills. In trials of civil cases, and in trials of criminal cases below the grade of felony, in the District Courts, nine mem- bers of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. When, pending the trial of any case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict: pro- vided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict. Sec 14. The Judicial Districts in this State and the time of holding the courts therein are fixed by ordinance forming part of this Constitution, until otherwise provided by law. Sec. 15. There shall be established in each county in this State a County (/ourt, which shall be a coui't of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold bis office for two years, and until his successor shall be elected and qualified. He shall receive as a compensation for L... services such fees and perquisites as may be jirescribed by law. Sec. 16. The County Court shall have original jurisdiction in all misde- meanors, of which exclusive original jurisdiction is not given to the Justice's Court, as the same are now or may be hereafter prescribed by law, and when the fine to be imposed shall exceed two hundred dollars; and thej^ shall have exclusive original jurisdiction in all civil cases when the matter in controversy shall exceed in value tAVo hundred dollars, and not exceed five hundred dollars, exclusive of interest; and concurrent jurisdiction with the Districts Courts, when the matter in controversy shall exceed five hun- dred and not exceed one thousand dollars, exclusive of interest ; but shall not have jurisdiction of suits for the recovery of land. They shall have ajj- pellate jurisdiction in cases, civil and criminal, of which Justice's Courts have original jurisdiction, but of such civil cases only when the judgment of the court ai)pcalcd from shall exceed twenty dollars, exclusive of costs, under such regulations as may be prescribed by law. In all appeals from Justice^s Courts, there shall be a trial de novo in the County Court, and when the judgment rendered or fine imposed by the County Court shall not EPISCOPAL CHURCH, PALESTINE. CONSTITUTION. 825 exceed one hundred dollars such trial shall bo final ; but if the judgment rendered or fine imposed shall exceed one hundred dollars, as well as in all cases, civil and criminal, of which the County Court has exclusive or concur- rent original jurisdiction, an appeal shall lie to the Court of Appeals, under such regulations as may be prescribed by law. The County Courts shall have the general jurisdiction of a Probate Court. They shall jirobate wills, apjwint guardians of minors, idiots, lunatics, person non compos menh's, and common drunkards, grant letters testamentary and of admin- istration, settle accounts of executors, administrators, and guardians, trans- act all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons nan comjws mentis, and common drunkards, in- cluding the settlement, partition, and distribution of estates of deceased persons, and to apprentice minors, as provided by law. And the County Courts, or judges thereof, shall have power to issue writs of mandamus, injunction, and all other writs necessary to the enforcement of the jurisdic- tion of said courts; and to issue writs of habeas corpus in cases where the offence charged is within the jurisdiction of the County Court, or any other court or tribunal inferior to said court. The County Court shall not have criminal jurisdiction in any county whei*e there is a Criminal District Court, unless expressly conferred by law ; and in such counties appeals from Jus- tice's Courts and other inferior courts and tribunals, in criminal cases, shall be to the Criminal District Courts, under such regulations as may be pre- scribed by law, and in all such cases an appeal shall lie from such District Courts to the Court of Appeals. Any case pending in the County Court, which the County Judge may be disqualified to try, shall be transferred to the District Court of the same county for trial ; and where there exists any cause of disqualifying the County Judge for the trial of a cause of which the County Court has jurisdiction, the District Court of such county shall have original jurisdiction of such cause. Sec. 17. The County Court shall hold a term for civil business at least once in every two months, and shall dispose of probate business, cither in term-time or vacation, as maybe provided bylaw; and said court shall hold a term for criminal business once every mouth, as may be pi'ovided by law. Prosecutions may be commenced in said court by information filed by the County Attorney, or by affidavit, as may by provided by law. Grand juries impanelled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned to the District Courts shall forthwith be certified to the County Courts, or other inferior courts having jurisdic- tion to try them, for trial ; and if such indictment bo quaslied in the county or other inferior court, the person charged shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the County Court shall con- sist of six men ; but no jury shall be impanelled to try a civil case, unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same. Sec. 18. Each organized county in the State, now or hereafter existing, 826 HISTORY OF TEXAS. shall be divided from time to time, for the convenience of the people, into precincts, not less than fonr and not more than eight. The present County Courts shall make the first division. Subsequent divisions shall be made by the Commissioners' Court, provided for by tliis Constitution. In each such precinct there shall be elected, at each biennial election, one Justice of the Peace and one Constable, each of whom shall hold his office for two years, and until his successor shall be elected and qualified: 2')rovicled, that in any precinct in which there may be a city of eiglit thousand or more inhabitants, there shall be elected two Justices of the Peace. Each county shall in like manner be divided into four commissioners' precincts, in each of which there shall be elected, by the qualified voters thereof, one County Commissioner, who shall hold his office for two years, and until his successor shall be elected and qualified. The County Commissioners so chosen, with the County Judge, as presiding officer, shall compose the Count}' Commission- ers' Court, which shall exercise such jjowers and jurisdiction over all county business as is conferred by this Constitution and the laws of this State, or as may be hereafter prescribed. Sec. 19. Justices of the Peace shall have jurisdiction in criminal matters of all cases where the penalty or fine to be imposed by law may not be more than for two hundred dollars, and in civil mattei'S of all cases where the amount in controversy is two hundred dollars or less, exclusive of interest, of which exclusive original jurisdiction is*uot given to the District or County Courts; and such other jurisdiction, criminal and civil, as may be provided by law, under such regulations as may be prescribed by law ; and appeals to the County Courts shall be allowed iu all cases decided in Jus- tice's Courts where the judgment is for more than twenty dollars exclusive of costs, and iu all criminal cases, imder such regulations as may b^ pre- scribed bylaw. And the Justices of the Peace shall be ex-q^cto notaries public ; and they shall hold their courts at such times and places as may be provided by law. Sec. 20. There shall be elected for each county, by the qualified voters, a County Clerk, who shall hold his office for two years, who shall be Clerk of the County and Commissioners' Courts and Recorder of the county, whose duties, perquisites, and fees of office shall be prescribed bv the Legislature, and a vacancy in whose office shall be filled by the Commissioners' Court, until the next general election for county and State officers; i^rovided, that iu counties having a population of less than eight thousand persons there may be an election of a single clerk, who shall perform the duties of District and County Clerk. Sec. 21. A County Attorney, for counties in which there is not a I'esideut Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office ^cv the term of two years. In case of vacancy, the Commisioners' Court of the county shall have power to appoint a Count}'' Attornej' until the next general election. The County Attorneys shall represent the State iu all cases in the District and inferior courts in their I'espective counties ; but if any county shall be included in a district iu which there shall be a District CONSTITUTION. 827 Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. Tlie Legislature may provide for the election of District Attorneys in such districts as may be deemed necessary, and make provision for tlie compensation of District Attorneys and County Attorneys ; i^'i'ovided, District Attorneys shall receive an annual salary of five hundred dollars, to be paid by the State, and such fees, commissions, and perquisites as may be provided by law. County At- torneys shall receive as compensation only such fees, commissions, and perquisites as may be prescribed by law. Sec. 22. The Legislature shall have power, by local or general law, to increase, diminish, or change the civil and criminal jurisdiction of County Courts ; and in cases of any such change of jurisdiction the Legislature shall also conform the jurisdiction of the other courts to such change. Sec. 23. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of two years, whose duties, and perquisites, and fees of office, shall be iirescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners' Court until the next general election for county or State officers. Sec. 24. County Judges, County Attorneys, Clerks of the District and County Courts, Justices of the Peace, Constables, and other county officers, may be removed by the Judges of the District Courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing, and the finding of its truth by a jury. Sec. 25. The Srpreme Court shall have power to make rules and regu- lations for the government of said court, and the other courts of the State, to regulate proceedings and expedite the dispatch of business therein. Sec. 26. The State shall have no right of appeal in criminal cases. Sec. 27. The Legislature shall, at its first session, provide for the transfer of all business, civil and criminal, pending in District Coui'ts, over which jurisdiction is given by this Constitution to the County Courts, or other inferior courts, to such County or inferior courts, and for the trial or dis- position of all such causes by such County or other inferior courts. Sec. 28. Vacancies in the office of judges in the Supreme Court, of the Court of Appeals, and District Court, shall be filled by the Governor until the next succeeding general election ; and vacancies in the office of County Judge, and Justices of the Peace, shall be filled by the Commissioners' Court, until the next general election for such offices. ARTICLE VI. SUFFRAGE. Section 1. The following classes of persons shall not be allowed to vote in this State, to wit: First. — Persons under twenty-one years of age. 828 HISTORY OF TEXAS. Second. — Idiots and lunatics. Third. — All paupers supported by anj' county. Fourth. — All persons convicted of any felony, subject to such exceptions as the Legislature may make. Fifth. — All soldiers, marines, and seamen employed in the service of the army or navy of the United States. Sec. 2. Every male person subject to none of the foregoing disqualifica- tions, Avho shall have attained the age of twe)ity-one years, and who shall be a citizen of the United States, and who shall have resided in this State one year next preceding an election, and the last six months within the dis- trict or county in which he offers to vote, shall be deemed a qualified elector ; and every male person of foreign birth, subject to none of the foregoing disqualifications, who, at any time before an election, shall have declared his intention to become a citizen of the United States in accordance with the Federal Naturalization Laws, and shall have resided in this State one j'ear next preceding such election, and the last six months in the county in which be offei'S to vote, shall also be deemed a qualified elector; and all electors shall vote in the election precinct of their residence ; provided, that electors living in any unorganized county may vote at any election jpreciuct in the county to which such county is attached for judicial purposes. Si:c. 3. All qualified electors of the State, as herein described, who shall have resided for six months immediately preceding an election within the limits of any city or corporate town, shall have the right to vote for Mayor and all other elective officers; but in all elections to determine expenditure of money or assumption of debt only those shall be qualified to vote who pay taxes on property in said city or incorporated town ; provided, that no poll tax for the payment of debts thus incurred shall be levied upon the persons debarred from voting in relation thereto. Sec. 4. In all elections by the people the vote shall be by ballot, and the Legislature shall provide for the numbering of tickets, and make such other regulations as may be necessary to detect and punish fraud, and preserve the purity of the ballot box; but no law shall ever be enacted requiring a registration of the voters of this State. Sec. 5, Voters shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom. ARTICLE VII. education. — THE PUBLIC FREE SCHOOLS. Section 1. A general diffusion of knowledge being essential to the pres- ervation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools. Sec. 2. All funds, lands, and other property heretofore set apart and ap- projjriated for the support ol public schools ; ail tlie alternate sections of SPANISH FANDANGO. CONSTITUTION. 831 laud reserved by the State out of grants heretofore made, or that may here- after be made to railroads, or other corporations, of any nature whatsoever: one-half of the public domain of the State; and all sums of money that may come to the State from the sale of any ijortion of the same, shall constitute a j)erpetual school fund. Sec. 3. There shall be set apart annually not more than one-fourth of the general revenue of the State, and a poll tax of one dollar on all male inhab- itants in this State between the ages of twenty-one and sixty years, for the benefit of the public free schools. Skc. 4. The land herein set apart to the public free school fund shall be sold under such I'egulations, at such times, and on such terms as may be prescribed by law ; and the Legislature shall not have power to grant any relief to the i)urchasers thereof. The Comptroller shall invest the proceeds of such sales, and of those heretofore made, as may be directed by the Board of Education herein jirovided for, in the bonds of this State, if the same can be obtained, otherwise in United States bonds; and the United States bonds now belonging to said fund shall likewise be invested in State bonds, if the same can be obtained on terms advantageous to the school fund. Sec. 0. The principal of all bonds and other funds, and the principal arising from the sale of the lands hereinbefore set apart for said school fund, shall be the permanent school fund; and all the interest derivable therefrom, and the taxes herein authorized and levied, shall be the available school fund, which shall be applied annually to the support of the public free schools. And no law shall ever be enacted appropriating any part of the permanent or available school fund to any other purpose whatever ; nor shall the same or any part thereof ever be appropriated to, or used for the support of any sectarian school ; and the available school fund herein pro- vided shall be distributed to the several counties according to their scholastic population, and applied in manner as may be provided by law. Sec. 6. All lands heretofore or hereafter granted to the several counties of this State for education or schools, are of right the property of said counties respectively to which they were granted, and title thereto is vested in said counties, and no adverse possession or limitation shall ever be avail- able against the title of any county. Each county may sell or dispose of its lands in whole or in part, in manner to be provided by the Commissioners' Court of the county. Actual settlers residing on said lands shall be pro- tected in the prior right of purchasing the same to the extent of their set- tlement, not to exceed one hundred and sixty acres, at the price fixed by said court, Avhich price shall not include the value of existing improvements made thereon by such settlers. Said lands and the proceeds thereof, when sold, shall be held by said counties alone as a trust for the benefit of public schools therein ; said pi'oceeds to be invested in bonds of the State of Texas, or of the United States, and only the interest thereon to be used and ex- pended annually. Sec. 7. Separate schools shall be pi-ovided for the white and colored children, and impartial provision shall be made for both. 44 832 HISTORY OF TEXAS. Sec. 8. The Governoi", Comptroller, and Secretary of State shall consti- tute a Board of Education, who shall distribute said funds to the several counties, and perform such other duties conceruiug pubhc schools as may be prescribed by law. ASYLUMS. Sec. 9. All lands hei-etofore granted for the benefit of the Lunatic, Blind, peaf and Dumb, and Orphan Asylums, together with such donations as may have been made or may hereafter be made to either of them, respect- ively, as indicated in the several grants, are hereby set apart to provide a permanent fund for the support, maintenance, and improvement of said asylums. And the Legislature may provide for the sale of the lands and investment of the pi'oceeds in manner as provided for the sale and invest- ment of school lauds in Section 4 of this Article. UNIVERSITY. Sec. 10. The Legislature shall, as soon as practicable, establish, organize, and provide for the maintenance, support, and direction of a university of the first class, to be located by a vote of the people of the State, and styled " The University of Texas," for the promotion of literature, and the arts and sciences, including an agricultural and mechanical department. Sec. 11. In order to enable the Legislature to perform the duties set forth in the foregoing section, it is hereby declared that all lands and other prop- erty heretofore set apart and appropriated for the establishment and main- tenance of " The University of Texas," together with all the proceeds of sales of th3 same, hei'etofore made or hereafter to be made, and all grants, donations, and appropriations that may hereafter be made by the State of Texas, or from any other source, shall constitute and become a permanent university fund. And the same as realized and received into the Treasury of the State (together with such sums, belonging to the fund, as may now be in the Treasury), shall be invested in bonds of the State of Texas, if the same can be obtained ; if not, then in United States bonds ; and the interest accruing thereon shall be subject to appropriation by the Legislature to accomplish the purpose declared in the foregoing section ; 2^^'ovided, that one-tenth of the alternate sections of the lands granted to railroads, reserved by the State, which were set apart and appropriated to the establishment of " The University of Texas," by an act of the Legislature of February 11, 1858, entitled " An act to establish ' The University of Texas,'" shall not be included in or constitute a part of the permanent university fund. Sec. 12. The land herein set apart to the university fund shall be sold under such regulations, at such times, and on such terms, as may be pro- vided, by law ; and the Legislature shall provide for the prompt collection, at maturity, of all debts due on account of university lands, heretofore sold, or that may hereafter be sold, and shall in neither event have the power to grant relief to the purchasers. Sec. 13. The Agricultural and Mechanical College of Texas, established "by an act of the Legislature, passed April 17, 1871, located in the county of CONSTITUTION. 833 Brazos, is hereby made and constituted a brancli of tlie University of Texas, for instruction in agriculture, the mechanic arts, and the natui'al sciences connected thei'ewith. And the Legishiture shall, at its next session, make an appi'opriation, not to exceed forty thousand dollars, for the construction and completion of the buildings and improvements, and for providing the furniture necessary to put said college in immediate and successful opera- tion. Sec. 14. The Legislature shall also, when deemed practicable, establish and provide for the maintenance of a college or branch university for the instruction of the colored youths of the State, to be located by a vote of the people; provided, that no tax shall be levied, and no money appropria- ted out of the general revenue, either for this purpose or the establishment and erection of the buildings of the University of Texas. Sec. 15. In addition to the lands lieretofore granted to the University of Texas, there is hereby set apart and appropriated, for the endowment, maintenance, and support of said University and its branches, one millio'n acres of the unappropriated public domain of the State, to be designated and surveyed as may be provided by law ; and said lands shall be sold under the same regulations, and the proceeds invested in the same manner as is provided for the sale and investment of the permanent University fund ; and the Legislature shall not have power to grant any relief to the purchas- ers of said lands. ARTICLE VIII. TAXATION AND REVENUE. Section 1. Taxation shall be equal and uniform. All property in this State, whether owned by natural persons or corporations, other than munic- ipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law. The Legislature may impose a i)()ll tax. It may also impose occupation taxes, both upon natural persons and upon corpoi-a- tions, other than municipal, doing any business in this State. It may tax incomes of both natural persons and corporations, other than municipal, except that persons engaged iu mechanical and agricultural pursuits shall never be required to pay an occupation tax: provided, t\YAi two hundred and fifty dollars worth of household and kitchen furniture, belonging to each family in this State, shall be exempt from taxation; awd iwovided fur- ther, that the occupation tax levied by any county, city, or town, for any year, on persons or corporations pursuing any professions or business, shall not exceed one-half of the tax levied by the State for the same period on such professions of business. Sec. 2. All occupation taxes shall be equal and uniform upon the same class of subjects within the limits of the authority levying the tax ; but the Legislature may, by general laws, exempt from taxation public property used for public purposes; actual places of religious worship; places of burial not held for private or corporate profit; all buildings used exclusively and owned by persons or associations of persons for school purposes (and the necessary furniture of all schools), and institutions of purely public 834 HISTORY OF TEXAS. charity; and all laws exempting property from taxation other than the projierty above mentioned, shall be void. Sec. 3. Taxes shall be levied and collected by general laws and for pub- lic purposes only. Sec. 4. The power to tax corporations and corporate property shall not be surrendered or suspended by act of the Legislature, by any contract or grant to which the State shall be a pai'ty. Sec. 5. All property of railroad companies, of whatever description, lying or being within the limits of any city or corporated town within this State, shall bear its proportionate share of municipal taxation; and if any such property shall not have been heretofore rendered, tlie authorities of the city or town within which it lies shall have power to require its rendition, and collect the usual municipal tax thereon, as on other property lying within said municipality. Sec. 6. No money shall be drawn from the Treasury but in pursuance of specific appropriation made by law ; nor shall any appropriation of money be made for a longer term than two years, except by the first Legislature to assemble under this Constitution, which may make the necessary appropria- tions to carry on the government until the assemblage of the Sixteenth Leg- islature. Sec. 7. The Legislature shall not have power to borrow, or in any manner divert from its purpose any special fund that ma}', or ought to, come into the Treasury ; and shall make it penal for any person or persons to boiTOw, withhold, or in any manner to divert from its purpose any special fund, or any i)art thereof. Sec. 8. All property of railroad companies shall be assessed, and the taxes collected in the several coupties in which said property is situated, in- cluding so much of the road-bed and fixtures as shall be in each county. The rolling stock may be assessed in gross in the county whei-e the principal office of the company is located, and the county tax paid upon it shall be apportioned by the Comptroller, in proportion to the distance such I'oad may run through any such county, among the several counties through which the road passes, as a part of their tax assets. Sec. 9. The State tax on property, exclusive of the tax necessary to pay the public debt, shall never exceed fifty cents on the one hundred dollars valuation, and no county, city, or town shall levy more than one-half of said State tax, except for the payment of debts already incurred, and for the erection of public buildings, not to exceed fifty cents on the one hundred dollars in any one year, and except as in this Constitution is otherwise pro- Tided. Sec. 10. The Legislature shall have no power to release the inhabitants of, or property in, any county, city, or town, from the payment of taxes levied for State or county purposes, unless in case of great public calamity in any such county, city, or town, when such release may be made by a vote of two-thirds of each House of the Legislature. BAILEOAD BRIDGE, BRAZOS RIVER, NEAR HEARNE, I. & G. N. R. R. CONSTITUTION". 837 Sec. U. All property, whether owned by persons or corporations, shall be assessed for taxation, and tlie taxes paid in the county wliere situated, but the Legislature may, by a two-thirds vote, authorize the payment of taxes of non-residents of counties to be made at the office of the Comptrol- ler of Public Accounts. And all lands and other property not rendered for taxation by the owner thereof shall be assessed at its fair value by the proper officer. Sec. 12, All property subject to taxation in, and owned by residents of, unorganized counties, shall be assessed and the taxes thereon paid in the counties to which such unorganized counties shall be attached for judicial purposes; and lands lying in and owned by non-residents of unorganized counties, and lands lying in the territory, not laid off into counties, shall be assessed and the taxes thereon collected at the office of the Comptroller of the State, Sec. 13, Provision shall be made by the first Legislature ior the speedy sale of a sufficient portion of all lands and other property for the taxes due thereon, and every year thereafter for the sale of all lands and other prop- erty upon which the taxes have not been paid, and the deed of conveyance to the purchaser for all lands and other property thus sold shall be held to vest a good and perfect title in the purchaser thereof, subject to be impeached only for actual fraud ; provided, that the former owner shall, within two years from date of purchaser's deed, have the right to redeem the land upon the payment of double the amount of money paid for the laud. Sec. 14, Thei-e shall be elected by the qualified electors of each county, at the same time and under the same law regulating the election of State and county officers, an assessor of taxes, who shall hold his office for two years, and until his successor is elected and qualified. Sfic. 15, The annual assessment made upon landed property shall be a special lien thereon, and all property, both real and personal, beloiigiii"- to any delinquent taxpayer, shall be liable to seizure and sale for the payment of all the taxes and penalties due by such delinquent ; and such property may be sold for the payment of the taxes and penalties due by such delin- quent, under such regulations as the Legislature may provide. Sec. 16, The sheriff of each county, in addition to his other duties, shall be the collector of taxes therefor. But in counties having ten thousand inhabitants, to be determined by the last preceding census of the United States, a collector of taxes shall be elected to hold office for two years, and until his successor shall be elected and qualified. Sec. 17. The specification of the objects and subjects oi taxation shall not deprive the Legislature of the power to require other subjects or objects to be taxed in such manner as may be consistent with the principles of taxation fixed in this Constitution. Sec, 18. The Legislature shall provide for equalizing, as near as may be, the valuation of all property subject to or rendered for taxation (the County Commissioner's Court to constitute a board of equalization) ; and niav also provide for the chissification of all lands, with reference to their value iu the several counties. 838 HISTORY OF TEXAS. ARTICLE IX. COUNTIES. Section 1. The Legislature shall have power to create counties for the convenience of the people, subject to the following provisions: First. — In the territory of the State exterior to all counties now existing^ no new counties shall be created with a less area than nine hundred square miles, in a square form, unless prevented by pre-existing boundary lines. Should the State lines render this impracticable in border counties, the area may be less. The territory referred to may, at any time, iu whole or in part, be divided into counties in advance of population, and attached, for judicial and land-surveying purposes, to the most convenient organized county or counties. Second. — Within tlie territory of any county or counties now existing, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reditced to a less area than seven liundred square miles. No new counties shall be created so as to approach nearer than twelve miles of the county seat of any county from which it may, in whole or in part, be tal^en. Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each House of the Legislature, taken by yeas and nays, and entered on the journals. Any county now existing may be reduced to an area of not Jess than seven hun- dred square miles, by a like two-thirds vote. When any part of a county i& stricken off and attached to or created into another county, the part sticken off shall be holden for and obliged to pay its proportion of all the liabilities then existing of the county from which it was taken, in such manner as may be prescribed by law. Third. — No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the electors of both counties, and shall have received a majority of those voting on the question iu each. COUNTY SEATS. Sec. 2. The Legislature shall pass laws regulating the manner of remov- ing county seats, but no county seat situated within five miles of the geo- graphical centre of the county shall be removed, except by a vote of two- thirds of all the electors voting on the subject. A majority of such electors, however, voting at such election, may remove a county seat from a point more than live miles from the geographical centre of the county to a point within five miles of such centre, in either case the centre to be determined by a certificate from the Comissiouer of the General Land Office. AETICLE X. RAILROADS. Section 1. Any railroad corporation or association, organized under the law for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with COJfSTITUTION. 839 railroads of other States. Every railroad company shall have the right, with its road, to intersect, connect with, or cross any other railroad ; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination, vinder such regulations as shall be prescribed by law. Sec. 2. Railroads heretofore constructed, or that may hereafter be con- structed in this State, are liereby declared public highways, and railroad companies common carriers. The Legislature shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the differerit railroads in this State ; and shall from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties. Sec. 3. Every railroad or other corporation, organized or doing business iu this State under the laws or authority thereof, shall have and maintain a public ofli e or place in this State for the transaction of its business, where transfers of stock shall be made, and where shall be kept, for inspection by the stockholders of such corporations, books, iu which shall be recorded the amount of capital stock subscribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer of said stock, with the date of the trensfer, the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad company shall hold one meeting annually in this State, public notice of which shall be given thirty days previously, and the prosiilent or superintendent shall report annually, under oath, to the Comptroller or Governor, their acts and doings, which report shall include such matters relating to railroads as ma}' be prescribed by law. The Legislature shall pass laws enforcing by suitable penalties the provisions of this section. Sec. 4. The rolling stock and all other movable property belonging to any railroad company or corporation in this State shall be considered per- sonal property, and its real and personal property, or any part thereof, shall be liable to execution and sale in the same manner as the property of iiuli- viduals; and the Legislature shall pass no laws exempting any such prop- erty from execution and sale. Sec. 5. No railroad or other corporation, or the lessees, i^urchasers, or managers of any railroad corporation, shall consolidate the stock, property, or franchises of such coriwration with, or lease or purchase the works or franchises of, or in anyway control any railroad corporation oAvniiig or having under its control a parallel or competing line; nor shall any officer of such railroad corporation act as an officer of any other railroad corpora- tion owning or having the control of a parallel or competing line Sec. 6. No railroad company organized under the laws of this State shall consolidate by private or judicial sale or otherwise with any railroad com- pany organized under the laws of any other State or of the United States. Sec. 7. No law shall be passed by the Legislature granting the right to construct and operate a street raih'oad wiihin any city, town, or village, or 840 HISTORY OF TEXAS. upon any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be occupied by such street railroad. Sec. 8. No railroad corporation in existence at the time of the adoption of this Constitution shall liave the benefit of any future legislation, except- on condition of complete acceptance of all the provisions of tliis Constitu- tion ajiplicable to railroads. Sec. 9. No railroad hereafter constructed in this State shall pass within a distance of three miles of any county seat without passing through the same, and establishing and maintaining a depot therein, unless prevented by natural obstacles, such as streams, hills, or mountains ; provided, such town or its citizens shall grant the right of way through its limits, and suf- ficient ground for ordinary depot purposes. ARTICLE XI. MUNICIPAL CORPORATIONS. Section 1. The several counties of this State are hereby recognized as legal subdivisons of the State. Sec. 2. The construction of jails, court-houses, and bridges, and the es- tablishment of county poor-houses and farms, and the laying out, construc- tion, and repairing of county roads shall be provided for by general laws. Sec. 3. No county, city, or other municipal corporation shaU hei-eafter be- come a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit ; but this shall not be construed to in any way affect any obhgation heretofore undertaken pursuant to law. Sec. 4. Cities and towns having a population of ten thousand inhabitants or less, may be chartered alone by genei-al law. They may levy, assess, and collect an annual tax to defray the current expenses of their local gov- ernment, but such tax shall never exceed, for any one year, one-fourth of one per cent., and shall be collectable only in current money. And a license and occupation tax levied, and all fines, forfeitures, penalties, and other dues accruing to cities and towns shall be collectable only in current money. Sec. 5. Cities having more than ten thousand inhabitants may have their charters granted or amended by special act of the Legislature, and may levy, assess, and collect such taxes as maybe authorized by law, but no tax i'or any purpose shall ever be lawful, for any one year, which shall exceed two and one-half per cent, of the taxable property of such city; and no debt shall ever be created by any city, unless at the same time provision be made to assess and collect aiuiually a suflScient sum to pay the interest thereon and create a sinking fund of at least two per cent, thereon. Sec. 6. Counties, cities, and towns are authorized, in such mode as may now or may hereafter be p'rovidcd by law, to levy, assess, and collect the taxes necessary to pay the interest and provide a sinking fund to satisfy any ARANSAS BAY. CONSTITUTION. 843 indebtedness heretofore legally made and undertaken ; but all such taxes shall be assessed and collected separately from that levied, assessed, and collected for current expenses of municipal government, and shall, when levied, specify in the act of levying the purpose therefor; and such taxes may be paid in the coupons, bonds, or other indebtedness for the payment of which such tax may have been levied. Sec. 7. All counties and cities bordering on the coast of the Gulf ( "Mexico are hereby authorized, upon a vote of two-thirds of the tax-payer^ therein (to be ascertained as may be provided by law) to levy and collect such tax for construction of sea-walls, breakwaters, or sanitary purposes, as may be authorized by law, and may create a debt for such works and issue bonds in evidence thereof. But no debt for any purpose shall ever be in- curred in any manner by any city or county, unless provision is made at the time of creating the same, for levying and collecting a sufficient tax to pay the interest thereon and provide at least two per cent, as a sinking fund ; and the condemnation of the right of way for the erection of such works shall be fully provided for. Sec. 8. The counties and cities on the Gulf coast being subjected to calam- itous overflows, and a very large proportion of the general revenue being dei'ived from those otherwise prosperous localities, the Legislature is espe- cially authorized to aid by donation of such portion of the public domain as may be deemed proper, and in such mode as may be provided by law, the construction of sea-walls, or breakwaters, such aid to be proportioned to the extent and value of the works constructed, or to be constructed, in any locality. Sec. 9. The property of counties, cities, and towns owned and held only for public purposes, such as public buildings and the sites therefor, fire-en- gines and the furniture thereof, and all property used or intended for ex- tinguishing fires, public grounds, and all other i^roperty devoted exclusively to the use and benefit of the public, shall be exempt from forced sale and from taxation: provided, ixolhing heroin shall prevent the enlbrccment of the vender's lien, the mechanic's or builder's lien, or other liens now exist- ing. Sec. 10. The Legislature may constitute any city or town a separate and independent school district. And when the citizens of any city or town have a charter, authorizing the city authorities to levy and collect a tax for the support and maintenance of a public institution of learning, such tax may hereafter be levied and collected, if, at any election held for that pur- pose, two-thirds of the tax-payers of such city or town shall vote for sucli tax. ARTICLE XII. private corpouations. Section 1. No private corporations shall be created except by general laws. Sec. 2. General laws shall be enacted providing for the creation of private ■corporations, and shall tlicroin pnn'idc lully for the adequate protection of the public and of the individual stockholders. 844 HISTORY OF TEXAS. Sec. 3. The right to authorize and regulate freights, tolls, wharfage, or fares levied and collected or pi'oposed to be levied and collected by individ- uals, companies, or corporations, for the use of highways, landings, wharves, bridges, and ferries, devoted to public use, has never been and shall never be relinquished or abandoned by the State, but shall always be under legis- lative control and depend u^jou legislative authority. Sec. 4. The first Legislature assembled after the adoption of this Consti- tution shall provide a mode of procedure by the Attorney-General and District or County Attorneys, in the name and behalf of the State, to pre- vent and punish the demanding and receiving or collection of any and all charges of freight, wharfage, fares, or tolls, for the use of property de- voted to the public, unless the same shall have been specially authorized by law. Sec. 5. All laws granting the right to demand and collect freights, fares, tolls, or wharfage shall at all times be subject to amendment, modification, or repeal by the Legislature. Sec. 6. No corporation shall issue stock or bonds except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void. Sec. 7. Nothing in this Article shall be construed to divest or affect rights guaranteed by any existing grant or statute of this State, or of the Republic of Texas. ARTICLE XIII. SPANISH AND MEXICAN LAND TITLES. Section 1. All fines, penalties, forfeitures, and escheats, which have here- tofore accrued to the Republic and State of Texas, under their constitutions and laws, shall accrue to the State under this Constitution, and the Legis- lature shall provide a metht)d for determining what lands have been for- feited, and for giving effects to escheats; and such rights of forfeitua'e and escheats to the State shall, ipso facto, inure to the protection of the in- nocent holders of junior titles, as provided in Sections 2, 3, and 4 of this Article. Sec. 2. Any claim of title or right to land in Texas, issued prior to the loth day of November, 1835, not duly recorded in the county where the land was situated at the time of such record, or not duly archived in the General Land Office, or not in the actual possession of the grantee thei'eof, or some person claiming under him, prior to the accruing of junior title thereto from the sovereignty of the soil, under circumstances reasonably calculated to give notice to said junior grantee, has never had, and shall not have, standing or effect against such junior title, or color of title, ac- quired without such or actual notice of such prior claim of title or right; and no condition annexed to such grants, not archived, or recorded, or oc- cupied as aforesaid, has been, or ever shall be released or waived, but actual performance of all such conditions shall be proved by the person or persons claiming under such title or claim of right in order to maintain action CONSTITUTION. 845 thereon, and the holder of such junior title, or color of title, shall have all the rights of the Government which have heretofore existed, or now exist, arising from the non-performance of all such conditions. Sec. 3. JSfon-payment of taxes on any claim of title to land, dated prior to the 13th day of November, 1835, not recorded or archived, as provided in Section 2, by the person or persons so claiming, or those under whom he or they so claim, from that date up to the date of the adoption of this Con- stitution, shall be held to be a presumption that the riiiht thereto has re- verted to the State, and that said claim is a stale demand, which presump- tion shall only be rebutted by payment of all taxes on said lands, State, county, and city or town, to be assessed on the fair value of such lands by the Comptroller, and paid to him, without commutation or deduction for any part of the above period. Sec. 4. No claim of title or right to land, which issued prior to the 13th day of November, 1835, which has not been duly recorded in the county whei'e the land was situated at the time of §uch record, or which has not been duly archived in the General Land Office, shall ever hereafter be de- posited in the General Land Office, or recorded in this State, or delineated on the maps, or used as evidence in any of the courts of this State, and the same are stale claims; but this shall not affect such rights or presumptions as arise from actual possession. By the words " duly recorded," as used in Sections 2 and 4 of this Article, it is meant that such claim of title or right to land shall have been recorded in the proper office, and that mere errors in the certificate of registration or informality, not affecting the fairness and good faith of the holder thereof, with which the record was made, shall not be held to vitiate such record. Sec. 5. All claims, locations, surveys, grants, and titles, of any kind, which are declared null and void by the Constitution of the Kepublic or State of Texas, are, and the same shall remain forever, null and void. Sec. 6. The Legislature shall pass stringent laws for the detection and conviction of all forgers of land titles, and may make such appropiiatious of money for that purpose as may be necessary. Sec. 7. Sections 2, 3, 4, and 5 of this Article shall not be so construed as to set aside or repeal any law or laws of the Republic or State of Texas, releasing the claimants of headrights of colonists of a league of land, or less, from comDliance with the conditions on which their grants were made. ARTICLE XIV. PUBLIC LANDS AND LAND OFFICE. Section 1. There shall be one General Land Office in the State, which shall be at the seat of government, where all land titles which have emana- ted or may hereafter emanate from the State shall be registered, except those titles the registration of which may be prohibited by this Constitu- tion. It shall be the duty of the Legislature at the earliest practicable time to make the Land Office self-sustaining, and from time to time tlie Legislature may establish such subordinate offices as may be deemed necessary. 846 HISTOEY OF TEXAS. Sec. 2. All unsatisfied genuine land certificates barred by Section 4, Arti- cle 10, of the Constitution of 1869, by reason of the holders or owners there- of failing to have them surveyed and returned to the Land Office by the first day of January, 1875, are hereby revived. All unsatisfied genuine land certificates now in existence shall be surveyed and returned to the General Land Office within five years after the adoption of this Constitution, or be forever barred; and all genuine land certificates hereafter issued by the State shall be surveyed and returned to the General Land Office Mi thin five j'ears after issuance, or be forever barred ; provided, that all genuine land certificates heretofoi'e or hereafter issued shall be located, surveyed, or patented only upon vacant and unappropriated public domain, and not upon any land titled or equitably owned under color of title from the sover- eignty of the State, evidence of the appropriation of which is on the county records or in the General Land Office ; or when the appropriation is evi- denced by the occupation of the owner, or of some person holding for him. Sec. 3. The Legislature shall have no power to grant any of the lands of this State to any railway comjJany except upon the following restrictions and conditions: First. — That there shall never be granted to any such corporation more than sixteen sections to the mile, and no reservation of any part of the public domain for the purpose of satisfying such gi'ant shall ever be made. Second. — That no land certificate shall be issued to such company until they have equipped, constructed, and in running order at least ten miles of road ; and on the failure of such company to comply with the terras of its charter, or to alienate its land at a period to be fixed by law, in no event to exceed twelve years from the issuance of the patent, all said land shall be forfeited to the State and become a portion of the public domain, and liable to location and survey. The Legislature shall pass general laws only, to give effect to the provisions of this section. Sec. 4. No certificate for land shall be sold at the Land Office except to actual settlers upon the same, and in lots not to exceed one hundred and sixty acres. Sec. 5. All lands heretofore or hereafter granted to railway companies, where the charter or law of* the State required or shall hereafter require their alienation within a certain pei'iod, on pain of forfeiture, or is silent on the subject of forfeiture, and which lands have not been or shall not here- after be alienated, in conformity with the terms of their charters, and the laws under which the grants were made, are hereby declared forfeited to the State and subject to pre-emption, location, and survey, as other vacant lands. All lands heretofore granted to said railroad companies, to which no forfeiture was attached on their failure to alienate, are not included in the foregoing clause ; but in all such last-named cases it shall be the duty of the Attorney General, in every instance where alienations have been or hereafter may be made, to inquire into the same, and if such alienation has been made in fraud of the rights of the State, and is colorable only, the real and bene- ficial interest being still in such corporation, lo institute legal proceedings in the county where the seat of government is situated, to forfeit such lauds COLORADO RIVER BRIDGE, AUSTIN— I. & G. N. R. R. CONSTITUTION. 849 to the State, and if such alienation be judicially ascertained to be fVauduIent and colorable as aforesaid, such lands shall be forfeited to the State and be- come a part of the vacant public domain, liable to pre-emption, location, and survey. Sec. 6. To every head of a fjimily without a homestead there shaU be do- nated one hundred and sixty acres of public land, upon condition that he will select and locate said land, and occupy the same thi'ee years, and pay the office fees due thereon. To all single men of eighteen years of age and upwards shall be donated eighty acres of public land, upon the terms and conditions prescribed for heads of families. Sec. 7. The State of Texas hereby releases to the owner or owners of the soil all mines and minerals that may be on the same, subject to taxation as other property. Sec. 8. Persons i-esiding between the Nueces river and the Rio Grande, and owning grants for lands which emanated from the government of Spain, or that of Mexico, which grants have been recognized and validated by the State, by acts of the Legislature, approved February 10, 1852, August 15, 1870, and other acts, and who have been prevented from complying with the requirements of said acts by the unsettled condition of the country, shall be allowed until the first day of January, 1880, to complete their sur- veys, and the plats thereof, and to return their field-notes to the General Land Offlce ; and all claimants failing to do so shall be forever barred: pro- vided, nothing in this section shall be so construed as to validate any titles not already valid, or to interfere with the rights of third persons. ARTICLE XV. impeachment. Section 1. The power of impeachment shall be vested in the House of Representatives. Sec. 2. Impeachment of the Governor, Lieutenant-Governor, Attorney- General, Treasurer, Commissioner of the General Land Office, Comptroller, and the Judges of the Supreme Court, Court of Appeals, and District Court shall be tried by the Senate. Sec. 3. When the Senate is sitting as a Court of Impeachment, the Sena- tors shall be on oath, or affirmation, impartially to try the party impeached, and no person shall be convicted without the concurrence of two-thirds of the Senators present. Sec. 4. Judgment in cases of impeachment shall extend only to removal from office, and disqualification from holding any office of honor, trust, or profit, under this State. A party convicted on impeachment shall also be subject to indictment, trial, and punishment, according to law. Sec. 5. All officers against whom articles of impeachment may be pre- ferred shall be suspended from the exercise of the duties of their office, during the pendency of such impeachment. The Governor may make a provisional appointment to fill the vacancy occasioned by the suspension of an officer, until the decision on the impeachment. 850 HISTOEY OF TEXAS. Sec. 6. Any Judge of the District Courts of the State who is iucompetent to discharge the duties of his office, or who shall be guilty of partiality, or oppression, or other official misconduct, or whose habits and conduct are such as to render him unfit to hold such office, or who shall negligently fail to perfoi'm his duties as judge, or who shall fail to execute in a reasonable measure the business in his courts, may be removed by the Supreme Court. The Supreme Court sliall have original jurisdiction to hear and deteruiine the causes aforesaid when presented in writing' upon the oaths, taken before some Judge of a Court of Eecord, of not less than ten lawyers, practising in the courts held by such judge, and licensed to practise in the Supreme Court; said presentment to be founded cither upon the knowledge of the persons making it or upon the written oaths as to the facts of creditable wit- nesses. The Supreme Court may issue all needful process and prescribe all needful rules to give effect to this section. Causes of this kind shall have precedence and be tried as soon as practicable. Sec. 7, The Legislature shall provide by law for the trial and removal from office of all officers of this State, the modes for which have not been provided in this Constitution ADDRESS. Sec. 8. The Judges of the Supreme Court, Court of Appeals, and District Courts, shall be removed by the Governor on the address of two-thirds of each House of the Legislature, for wilful neglect of dutj^, incompetency, habitual drunkenness, oppression in office, or other reasonable cause which shall not be sufficient ground for impeachment; 2^>'ovided, hoiaever, that the cause or causes for which such removal shall be required shall be stated at length in such address and entered on the journals of each House ; a7ul pro- vided furthe}', that the cause or causes shall be notified to the judge so in- tended to be removed, and he shall be admitted to a hearing in his own de- fence before any vote for such address shall pass; and in all such cases, the vote shall be taken by yeas and nays, and entered on the journals of each House respectively. AETICLE XVI. GENERAL PROVISIONS. Section 1. Members of the Legislature, and all officers, before they enter upon the duties of their offices, shall take the following oath or affirmation: " I, ( ), do solemnly swear (or affirm), that I will faithfully and im- partially discharge and perform all the duties incumbent upon me as , according to the best of my skill and ability, agreeably to the Constitution and laws of the United States and of this State; and I do further solemnly swear (or affirm), that since the adoption of the Constitution of this State, I, being a citizen of this State, have not fought a duel with deadly weapons, within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carry- ing a challenge, or aided, advised, or assisted any person thus offending. And I furthermore solemnly swear (or affirm), that I have not directly CONSTITUTION. 851 nor indirectly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election atVhich I was elected (or if the office is one of appointment, to secure my appointment). So help me God." Sec 2. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who may have been or shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be protected by laws regulating elections, and pro- hibiting under adequate penalties all undue influence therein from power, bribery, tumult, or other improper practice. Sec. 3. The Legislature shall make provisions whereby persons covicted of misdemeanors and committed to the county jails in default of payment of fines and costs, shall be required to discharge such fines and costs by manual labor, under such regulations as may be prescribed by law. Sec. 4. Any citizen of this State who shall, after the adoption of tliis Constitution, fight a duel with deadly weapons, or send or accept a chal- lenge to fight a duel Avith deadly weapons, either within this State or out of it, or who shall act as second, or knowingly assist in any manner those thus offending, shall be deprived of the right of suffrage, or of holding any office of trust or profit under this State. Skc. 5. Every person shall be disqualified from holding any office of profit or trust in this State, who shall have been convicted of having given or offered a bribe to procure his election or appointment. Sec. 6. No appropriation for private or individual purposes shall be made. A regular statement, under oath, and an account of the receipts and expen- ditures of all public money shall be published annually, in such manner as shall be prescribed by law. Sec. 7. The Legislature shall in no case, have power to issue " Treasury Warrants," " Treasury Notes," or paper of any description intended to cir- culate as money. Sec. 8. Each county in the State may provide, in such manner as may be prescribed by law, a manual-labor poorhouse and farm, for taking care of, managing, employing, and supplying the wants of its indigent and poor in- habitants. Sec. 9. Absence on business of the State, or of the United States, shall not forfeit a residence once obtained, so as to deprive anyone of the riglit o\' suffrage, or of being elected or appointed to any office, under the exceptions contained in this Constitution. Sec. 10. The Legislature shall provide for deductions from the salaries of public officers who may neglect the performance of any duty that may be assigned them by law. Sec. 11. The legal rate of interest shall not exceed eight per cent, per annum, in the absence of any contract as to the rate of interest ; and by 852 V HISTORY OF TEXAS. contract parties may agree upon any rate not to exceed twelve per cert, per annum. All interest charged above this last-named rate shall be deemed usurious, and the Legislature shall, at its first session, provide appropriate pains and penalties to prevent and punish usury. Sec. 12. No member of Congress, nor person holding or exercising any office of profit or trust under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exei'cise any office of profit or trust under this State. Sec. 13. It shall be the duty of the Legislature to pass such laws as may be necessary and proper to decide differences by arbitration, when the parties shall elect that method of trial. Sec. 14. All civil officers shall reside within the State ; and all district or county officers within their districts or counties, and shall keep their offices at such places as may be required by law ; and failure to comply with this condition shall vacate the office so held. Sec. 15. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property ; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. Sec. 16. No corporate body shall hereafter be created, renewed, or ex- tended with banking or discounting privileges. Sec. 17. All officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified. Sec. 18. The rights of property and of action which have been acquired under the Constitution and laws of the Kepublic and State shall not be divested; nor shall any rights or actions which have been divested, barred, or declared null and void by the Constitution of the Republic and State, be re-invested, renewed, or reinstated by this Constitution; but the same shall remain precisely in the situation in which they were before the adoption of this Constitution, unless otherwise herein provided ; and provided further, that no cause of action heretofore barred shall be revived. Sec. 19. The Legislature shall prescribe by law the qualification of grand and petit jurors. Sec. 20. The Legislature shall, at its first session, enact a law whereby the qualified voters of any county, justice's precinct, town, or city, by a majority vote, from time to time, may determine whether the sale of intoxicating liquors shall be prohibited within the prescribed limits. Sec. 21. All stationery and printing, except proclamations and such print- ing as may be done at the Deaf and Dumb Asylum, paper, and fuel used in the legislative and other departments of the government, except the judi- cial department, shall be furnished, and the printing and binding of the laws, journals, and department reports, and all other printing and binding and BIRD'S-EYE VIEW OF HOUSTON", CONSTITUTION. 855 the repairing and lUrnishlng the halls and rooms used for the meetings of the Legislature, and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maxhnnm price, and under such regulations as shall be prescribed by law. No member or officer •of any department of the government shall be in any way interested in such contracts; and all such contracts shall be subject to the approval of the Governor, Secretary of State, and Comptroller. Sec. 22. The Legislature shall have the power to pass such fence laws, applicable to any subdivision of the State, or counties, as may be needed to meet the wants of the people. Sec. 23. The Legislature may pass laws for the regulation of live stock and the protection of stock-raisers in the stock-raising portion of the State, and exempt from the operation of such laws other portions, sections, or ■counties; and shall have power to pass general and special laws for the inspection of cattle, stock, and hides, and for the regulation of brands; ^:)?'o- vidcd, that any local law thus passed shall be submitted to the freeholders of the section to be affected thereby, and approved by them, before it shall go into effect. Sec. 24. The Legislature shall make provision for laying out and working public roads, for the building of bridges, and for utilizing tines, forfeitures, and convict labor to all these iDurposes. Sec. 25. That all drawbacks and rebatement of insurance, freight, trans- portation, carriage, wharfage, storage, compressing, baling, repairing, or for any other kind of labor or service, of or to any cotton, grain, or any other produce or article of commerce in this State, paid, or allowed, or con- tracted fur to any common carrier, shipper, merchant, commission mer- chant, factor, agent, or middle-man of any kind, not the true and absolute owner thereof, are forever prohibited, and it shall be the duty of the Legis- lature to pass effective laws punishing all persons in this State who pay, receive, or contract for or respecting the same. Sec. 26. Every person, corporation, or company that may commit a homi- cide, through wilful act, or omission, or gross neglect, shall be responsible, in exemplary damages, to the surviving husband, widow, heirs of his or her body, or such of them as there may be, without regard to anj^ criminal pro- ceeding that may or may not be had in relation to the homicide. Sec. 27. In all elections to fill vacancies of office in this State, it shall be to fill the unexpired term only. Sec. 28. No current wages for personal service shall ever be subject to garnishment. Sec. 29. The Legislature shall provide by law for defining and punishing barratry. Sec. 30. The duration of all offices not fixed by this Constitution shall never exceed two years. Sec. 31. The Legislature may pass laws prescribing the qualifications of 45 856 HISTORY OF TEXAS. practitioners of medicine in this State, and to punisli persons for mal]prac- tice, but uo preference sliall ever be given by law to any schools of medi- cine. Sec. 32. The Legislature may provide by law for the establishment of a Board of Health and Vital Statistics, under such rules and regulations as it may deem proper. Sec. 33. The accounting officers of this State shall neither draw nor pay a warrant upon the treasury in favor of any person for salary or compensa- tion as agent, officer, or appointee, who holds at the same time any other office or position of honor, trust, or profit under this State or the United States, except as prescribed in this Constitution. Sec. 34. The Legislature shall pass laws authorizing the Governor to lease or sell to the government of the United States a sufficient quantity of the public domain of the State, necessary for the erection of forts, barracks, arsenals, and military stations, or camps, and for other needful military purposes ; and the action of the Governor therein shall be subject to the approval of the Legislature. Sec. 35. The Legislature shall, at its first session, pass laws to protect laborers on public buildings, streets, roads, railroads, canals, and other similar public works, against the failui'e of contractors and sub-contractors to i^'iy their current wages when due, and to make the corpoivation, com- pany, or individual for whose benefit the work is done, responsible for their ultimate payment. Sec. 36. The Legislature shall, at its first session, provide for the payment, or funding, as they may deem best, of the amounts found to be justly due to the teachers in the public schools, by the State, for service rendered prior to the first day of July, 1873, and for the payment by the school districts in the State of amounts justly due teachers of public schools by such district to, 1876. Sec. 37. Mechanics, artisans, and material men, of every class, shall have a lien upon the buildings and articles made or repaired by them, for the value of their labor done thereon, or material furnished therefor; and the Legislature shall provide by law for the speedy and efficient enforcement of said liens. Sec. 38. The Legislature may, at such time as the public interest may require, provide for the office of Commissioner of Insurance, Statistics, and History, whose term of office, duties, and salary shall be prescribed by law. Sec. 39. The Legislature may, from time to time, make appropriations for preserving and perpetuating monioruils of the history of Texas, by means of monuments, statues, i^aintings, and documents of historical value. Sec. 40. No person shall hold or exercise, at the same time, more than one civil office of emolument, except that of Justice of the Peace, County Commissioner, Notary Public, and Postmaster, unless otherwise specially provided herein. Sec. 41. Any person who shall, directly or indirectly, offer, give, oi CONSTITUTION. 857 pi'omise any money or thing of value, testimonial, privilege, or personal iidvantage, to any executive or judicial officer or member of the Legislature, to intiueuce him in the j)ei"formauce of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be pro- vided by law. And any member of the Legislature, or executive or judicial officer who shall solicit, demand, or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, or person, any money, appointment, employment, testimonial, reward, thing of value or employment, or of personal advantage or promise thereof, for his vote or official influence, or for withholding the same, or with any under- standing, expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit, demand, and receive any such money or otlier advantage, matter, or thing aforesaid for another, as the consideration of his vote or official influence, in consideration of the pay- ment or promise of such money, advantage, matter, or thing to another, shall be held guilty of bribery, within the meaning of the Constitution, and shall incur the disabilities provided for said ofiences, with a forfeitui'e of the office they may hold, and such other additional punishment as is or shall be provided by law. Sec. 42. The Legislature may establish an Inebriate Asylum for the cure of drunkenness and reform of inebriates.. Sec. 43. No man or set of men shall ever be exempted, relieved, or dis- charged from the performance of any public dutj^ or service imposed by general law, by any special law. Exemptions from the performance of such public duty or service shall only be made by general law. Sec. 44. The Legislature shall prescribe the duties and provide for the election by the qualified voters of each county in this State, of a County Treasurer and a County Surveyor, who shall have an office at the county seat, and hokl their office for two years, and until their successors are qualified; and shall have such compensation as may be i)rovided by law. Sec. 45. It shall be the duty of the Legislature to provide for collecting, arranging, and safely keeping such records, rolls, correspondence, and other documents, civil and military, relating to the history of Texas, as may be now in the possession of parties willing to confide them to the care and preservation of the State. Sec. 46. The Legislature shall provide by law for organizing and disciplin- ing the militia o't the State, in such manner as they shall deem expedient, notincompatable with the Constitution and laws of the United States. Sec. 47. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. Sec. 48. All laws and parts of laws now in force in the State of Texas, which are not repugnant to the Constitution of the United States, or to this Constitution, shall continue and remain in force as the laws of this State, until they expire by their own limitation or shall be amended or repealed by the Legislature. 858 HISTORY OF TEXAS. Sec. 49. The Legislature shall have power, and it shall be its duty, to protect by law from forced sale a certain portion of the personal pi'operty of all heads of families, and also of unmarried adults, male and female. Sec. 50. The homestead of a family shall be, and is liereby protected from forced sale for the payment of all debts, except for the purchase-money thereof, or a part of such purchase-money, the taxes due thereon, or for work and material used in constructing improvements thereon, and in this last case only when the work and material are contracted for in writing, with the consent of the wife, given in the same manner as is required in making a sale and conveyance of the homestead ; nor shall the owner, if a married man, sell the homestead without the consent of the wife, given in sucli manner as may be prescribed by law. No mortgage, trust deed, or other lien on the homestead shall ever be valid, except for the purchase- money therefor, or improvements made thereon, as hereinbefore provided, whether sucli mortgage, or trust deed, or other lien shall have been created by the husband alone, or together with his wife ; and all pretended sales of the homestead involving any condition of defeasance shall be void. Sec. 51. Tlie homestead, not in a town or city, shall consist of not more tliau two hundred acres of land, whicli may be in one or more parcels, with the improvements thereon; the homestead in a city, town, or village shall consist of lot, or lots, not to Exceed in value five thousand dollars, at the time of their designation as the homestead, without reference to the value of any improvements thei-eon ; provided, that the same shall be used for the purpose of a home, or as a place to exercise the calling or business of the head of a family ; provided also, that any temporary renting of the home- stead shall not change the chai'acter of the same, when no other homestead has been acquired. Sec. 52. On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the survivor may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the decea=?ed may be i^ermitted, under the order of the proper court having the jurisdiction, to use and occupy the same. Sec. 53. That no inconvenience may arise from the adoption of this Con- stitution, it is declared that all process and writs of all kinds which have been or may be issued and not returned or executed when this Constitutioh is ad:)pted, shall remain valid, and shall not be in any way affected be the adoption of this Constitution. Sec. 54. It shall be the duty of the Legislature to provide for the custody and maintenance of indigent lunatics, at the expense of the State, under such regulations and restrictions as the Legislature may prescribe. Sec. 55. The Legislature may provide annual pensions, not to exceed one hundred and fifty dollars per annum, to surviving soldiers or volunteers in the war between Texas and Mexico, from the commencement of the revo- SA\ PEDRO SPRINGS. CONSTITUTION. 861 lution in 1835, until the 1st ol January, 1837 ; and also to the surviving- signers of the Declaration of Independence of Texas ; and to the surviving widows continuing unmarried of such soldiers and signers ; provided, that no such pension be granted except to those in indigent circumstances, proof of which shall be made before the. County Court of the county where the applicant resides, in such manner as may be provided by law. Sec. 56. The Legislature shall have no power to appropriate any of i\v public money for the establishment and maintenance of a bureau of immi- gration, or for any purpose of bringing immigrants to this State. Sec. 57. Three millions acres of the public domain are hereby appropriated and set apart for the purpose of ei'ecting a new State capitol and other necessar}^ public buildings at the seat of government, said lands to be sold under the direction of the Legislature ; and the Legislature shall pass suit- able laws to carry this section into effect. AETICLE XVII. MODE OF AMENDING THE CONSTITUTION OF THIS STATE. Section 1. The Legislature, at any biennial session, by a vote of two- thirds of all the members elected to each House, to be entered by yeas and nays on the journals, may propose amendments to the Constitution, to be voted upon by the qualified electors for members of the Legislature, which proposed amendments shall be duly published once a week for four weeks, commencing at least three months before an election, the time of which shall be specified by the Legislature, in one weekly newspaper of each county, in which such a newspaper may be published ; and it shall be the duty of the several returning officers of said election to open a poll for, and make returns to the Secretary of State, of the number of legal votes cast at said election for and against said amendments; and if more than one be proposed, then the number of votes cast for and against each of them ; and if it shall ap- pear from said return that a majority of the votes cast have been cast in favor of any amendment, the said amendment so receiving a majority of the Votes cast shall become a part of this Constitution, and proclamation shaU be made by the Governor thereof. Done by the delegates of the people of Texas, in Convention assembled,, in the city of Austin, on this the twenty-fourth day ot November, in th0 year of our Lord one thousand eight hundred and seventy-five. In testimony whereof we hereunto subscribe our names : Edwaud B. Pickett, President of the Convention. Leigh Chalmers, Secretary of the Convention. %. k' LIBRARY OF CONGRESS 014 646 630 8 ■' ■ ,; ■;■■ ' .-'rv;