A EIiSTORY OF Texas, 'ROM THE EARLIEST SETTLEMENTS TO THE YEAR 1885; WITH AN APPENDIX CONTAINING THE CONSTITUTION OF THE STATE OF TEXAS, ADOPTED NOVEMBER, 1875, AND THE AMENDMENTS OF 1883. FOR USE m SCHOOLS, AXD FOR GEXERAL READERS. BIT H. S. THRALL, A.M. \v ■ ... •-V AUG 6 TS85J NEW YORK: UNIVERSITY PUBLISHING COxMPANY. \ \ Copyright, 1876, H. S. THRALL, Copyright, 1885, UNIVERSITY PUBLISHING CO. ***8e f'lJIy assured of the validity of tiieir titles, he annexed to his address tranf^latious from nearly thirty public documents, which fully justified his acts. \ Section V.— 1. By what means had Austin invited immigiation? Did his colonists remain together? 2. Mention some of the hardships endured by early settlers. SLA VER Y IN TEXAS. 53 antlj, and domestic animals multiplied with great rapidity upon the rich and boundless prairies. 3. As we have seen, permission was given to Austin's first colonists to introduce slavery, but the colonization law ol 1823 prohibited the purchase or sale of slaves, and declared the children of all slave parents free at fourteen years of age. President Guerrero, having been invested with extraordinary power to suppress an existing rebellion, issued a decree, July, 1S29, abolishing slavery throughout Mexican territory. The next year Bustemente issued another, prohibiting the intro- duction of slaves. The law had previously enjoined that children of slaves should have the same advantages of educa- tion as other children. 4. Notwithstanding these prohibitions, colonists continued to bring negro servants, generally passing them through the Custom House at New Orleans, so that if they desired to do so, they could return with them to the United States. Masters, also, entered into contracts with their slaves as peons, and the Mexican Government recognized the binding force of these obligations. A few Africans had been smuggled into Texas, and there was some apprehension that this nefarious traffic might become extensive. At the suggestion of Judge Bur- net, after considerable discussion, the convention at San Felipe, in 1833, severely denounced this trade. It was esti- mated that there were about five thousand slaves in Texas at the breaking out of the revolution in 1835.* ♦The theory of government held in the Spanish-American provinces dif- fered materially from that held by the Anglo-Americans. With the latter, the people were the source of all political power. They formed com^titntionf*, enacted laws, and elected officers to carry ont their sovereio:n will. With the Spaniards, the l^ing was the source of all authority. He proclaimed laws, appointed officers, and held both officers and people accountable to himself. It could hardly have been expected that peoples holdinj)^ such diverse theories of government could long maintain harmonious relations under the same political institutions. 3. Did the Mexican authorities encourage the introduction of slaves ? At what age were the children of slave pajents declared free ? 4. Were negro servants still introduced? By what body was the African slave trade condemned in 1833 ? How many slaves in Texas in 1833 ? 54 A UST1I{'8 A UTHORITT. 5. In Austin's colony, up to 1828, Austin himself exer- cised the functions of erapresario, and of civil and military governor. He held the rank of lieutenant-colonel in the Mexican army, and was authorized to call out and command the militia, when necessary to preserve the peace or repel invasion. He also held the office of Supreme Judge. In civil suits, where the amount in controversy was over twenty- five dollars,, parties dissatisfied with the decision of an alcalde had the privilege of appeal to the empresario. While Aus- i tin's government was eminently conservative and paternal, 1 he occasionally administered a severe punishment, and in some instances banished turbulent persons from his colony. 6. One of the first acts of the National Congress, assembled under the Constitution of 1824, was the erection of former provinces into states similar to those of tlie American Union. Texas was connected temporarily with the neighboring state of Coahuila [co-ah-tuhee'lali). The legislative body of this united state was called a congress, and was composed of twelve members, of whom Texas was entitled to two * A rep- resentative, if not a native of Mexico, must have resided eight years in the country, and was required to be worth eight thousand dollars, or to have an income of one thousand dol- lars annually. Popular elections were held on Sunday, the people not voting directly for the congressmen, but for elect- ors, who subsequently met and elected them. * III the Bexar remonstrance (Dec, 1832) complaint was made that Texas had bnt two representative!? in the LeLMslature, while her population would entitle her to four. It is questionable if Texas ever had more than one delegate present at one time ; and under the arbitrary decree of Bustemente, in 1830, the Texas delegation was expelled. 5, What authority did Austin exercise in his colony ? When dissatisfied with the decision of the alcalde, to whom could the people appeal? 6. Witt what State was Texas temporarily connected? To how many reprcsenta' livee was Texas entitled? MEXICAN OFFICERS— TAXATION. 55 7. Under Mexican rule there were a number of officers who exercised both civil and military functions. The one highest in authority was the Commander of the Eastern Internal Provinces, with headquarters at Monterey. By a decree of the legislature at Saltillo, February 1, 1825, the office of Po- litical Chief was created. That officer, though nominally subordinate to the Governor, was, in reality, clothed with despotic power. He could suspend civil judges, arrest and imprison citizens, and call out and control the militia. He received a salary of eight hundred dollars a year. 8. An alcalde under Spanish law exercised civil jurisdiction equivalent to that of a justice of the peace under English law. In 1822 the districts of the Brazos and the Colorado were created. As population increased others were formed, until, in 1827, there were seven alcalde's districts, or municipali- ties, in Austin's colony. 9. In 1828 provision was made for the alcaldes of each municipality to meet three times in a year, and hold an ap- pellate court, called an ayuntamiento. In 1834 three judicial districts were formed in Texas, and a supreme judge appointed. 10. Colonists entering Texas were permitted to introduce all family supplies, agricultural implements, etc., free of duty, and for six years were entirely exempt from taxation. Up to 1830-31, there were no tax-collectors or custom houses in the colony. As a consequence, the State treasury at Saltillo was often empty. Many offices remained vacant because the 7. What powers were exercised by the military commanders ? By the political chief? 8. What were the duties of an alcalde ? ITow many alcalde's districts in Austin'g colony in 1827? 9. When was an appellate court formed? How many judicial districts in 1834? 10. What necessaries could be introduced free of duty? How long were colonista exempt from taxation? What expedient was resorted to in Coahuila to raise money ? 56 INDIANS IN TEXAS. state was unable to pay salaries. In 1828. Austin advised the ayuntamiento of San Felipe to collect a tax to build a jail, but the advice was unheeded, and the officers had no means of keeping prisoners. In Coahuila, many expedients were adopted for replenishing the exhausted treasury, one of wliich was the taxing of cock pits. SECTION VI. INDIANS IN TEXAS. 1. The Caranchuas, from their location on the coast, m immediate proximity to the settlements, were a constant source of annoyance. They numbered about one thousand warriors, and had frequent skirmishes with the colonists, in which a few of the latter, and a still larger number of the former, lost their lives. In 1825, Colonel Austin felt suffi- ciently strong to expel this predatory band from his terri- tory. Having, in connection with Captain Xbner Kuyken- dall, collected about one hundred militia, he started to hunt the marauders. At the Menahuila {may-7iah-ivhee'lah), six miles east of Goliad, Austin was met by the Catholic priest of the mission, who had been sent by the Indians to make peace. It was agreed that the Indians should remain on the west side of the San Antonio river. Any Indian caught east of that stream was to be treated as an enemy. The old mission of La Bahia had been established mainly for this tribe ; there many of the Indians had received baptism, and as long as the tribe remained in Texas, their children were taken to the Mission to receive this Christian rite. In 1843, some forty or fifty, the sad remnant of this once powerful tribe, emi- Sectlon VI.— 1, Hov.' many warriors could the Caranchuas muster ? What agreement did these Indians enter into in 1826 ? What became of this tribe? INDIANS IN TEXAS. 57 grated to Mexico, and settled in the state of Tamaulipas, where their tribal existence was soon lost. 2. The Comanches are supposed to have had fi'om fifteen hundred to two thousand warriors, and some kindred tribes^ whose names are now hardly remembered, numbered as many more. Burnet, who spent the years 1818-19 among the Comanches, says this tribe was then true to treaty obli- gations. They were at peace with the United States, but at war with Mexico. 3. In April, 1822, a party of fifty-four of these Indians captured Colonel Austin on the ISTueces, when on his way to Mexico. As soon as the chief of the band understood that Austin was an American, his goods were restored, and he was permitted to prosecute his journey in peace. The govern- ment of the Comanches was republican, their chiefs being elective. They seldom killed Mexicans unless in self de- fence. Their lives were spared that they might raise more horses, as from them the Indians always obtained a supply. They were said to be averse to drinking whisky, pronoun- cing it fooVs tuater, and said that it made Indian one big fool. 4. Austin, in his address, speaking of the Caranchiias, Comanches, Wacoes and Tehuacanies, pronounced them murderers. He says the smaller tribes of Lipans and Ton- ka was were insolent and thievish. The smaller tribes, hoAV- ever, at a later period rendered valuable service to the colo- nists as spies, and guides in campaigns against the frontier Indians. Then, as now, the small bands of Alabamas and Coshatties had their villages on the lower Trinity. "The Keechies," says Burnet, " were a peculiar race. Their lan- guage differed radically from all others known in Texas. 2* How many warriors could the Comanches muster? 3. How was Austin treated by a band of Comanches in 1822 ? Why did these In dians spare the Mexicans ? What name did they jjive to whislcey ? 4, What character did Austin give the Comanches, Wacoes, etc. ? The IJpani and Tonkawas ? What was the character of the Keechies ? 58 WILBARGER SCALPED. The Comanches held them in singular abhorrence, believing them to be possessed, and to exercise the mysterious power of witchcraft." 5. As early as 1822, a few Oherokees, and some families oi other tribes, driven by the United States from their hunting grounds east of the Mississippi, sought a home in Texas. Though the Mexican authorities gave these Indians tacit permission to remain in the country, no land titles were issued to them. It was the failure to obtain their land which induced the Cherokee chiefs so readily to join in the Fredo- nian movement. So far from the Mexicans giving encour. agement to this Indian immigration, Colonel Bean, the agent, addressed a letter to Secretary Cass, at Washington, protest- ing against it. In response to this protest. President Jack- son issued a proclamation to the Indians in the southwest, admonishing them not to cross the Sabine river. This im- migration, however, continued to pour into Texas until the establishment of the republic. 6. During the year 1833, Josiah Wilbarger and two com- panions were oat hunting on Walnut Creek, a tributary of the Colorado, when the party was surprised by Indians, and one of them instantly killed. Wilbarger was shot, scalped, and left for dead. The third escaped on a fleet horse into the settlement. A company who went out to bury the dead, found Wilbarger still alive. He lived twelve years, but finally died from the effects of the wound. 7. The same year S. F. Austin, D. G-. Burnet, and B. E. Milam addressed an earnest remonstrance to General Bus- temente, protesting against the introduction of any more In- 5* When did the Oherokees enter Texas f Did the Mexican authorities encourage this Indian immigration 7 6. Give the particulars of the scalping: of Wilbarger. 7. What prominent Texaus remonstrated against the introduction of Indians intC Texas? How many Indians were in Texas in 1834 f ILL TREATMENT OF COLONISTS. 59 dians into Texas. In tlie Indian expeditions at this earl} period the colonists were ever ready to respond to the call o/ their chieftains. Those who were able always kept a sup- ply of ammunition and a horse ready for immediate service. According to Almonte's estimate, there were in Texas, in 1834, four thousand five hundred friendly Indians, and ten thousand eight hundred belonging to wild tribes. SECTION VII. ILL TREATMENT OF THE COLONISTS. — TROUBLES AT ANA- HUAC. — FIGHT AT VELASCO. — FIGHT AT NACOGDOCHES. 1. During Austin's absence in Mexico in 1822, many families, who started to his colony, settled in East Texas, in the neighborhood of Nacogdoches. Under the general colonization law these families were entitled to land, but were unable to obtain titles, because no land commissioner had been appointed for that district. In 1829, Don Juan Antonio Padilla was sent out to issue titles to these colo- nists. But Padilla found the same difiiculties which had beset Edwards. There were conflicting claims. He mani- fested a disposition to deal justly with the immigrants. The Mexicans, who claimed large bodies of land, com- plained of the commissioner, and before he had fairly commenced issuing titles, he was arrested. The next year Francisco Madero resumed the work of assigning land to the colonists. Among other acts of Madero was that of creating the municipality of Liberty. He, too, gave offence to the Mexican officers and was suspended, and the colonists were again left with no means of procuring land titles. Section VII.— I. How was East Texas settled ? Why could not the colonietf obtain land ? Why was Padilla arrested ? How was Madero treated ? 60 TROUBLES AT ANAEUAG. 2. Oil tlie 6th of April, 1830, President Bustemente issued a proclamation prohibiting any fnrtlier immigration into Texas from the United States. In 1831, cnstom-lioases were established at Nacogdoches, !San Antonio, Copano, Velasco, and Anahuac. By decree of April 7th, 1832, foreigners (meaning Americans), were forbidden to carry on a retail trade in the country. To overawe the colonists, a considerable body of troops was sent into Texas by General Teran. Colonel Piedras, the ranking officer, had three hun- dred and twenty men at Nacogdoches; Colonel Bradburn one hundred and fifty at Anahuac; Colonel Ugartechea {oo-gartay' -clie-ah) one hundred and twenty at Velasco ; Colonel Bean had a small force at Fort Teran, on the Neches, and there Avere also companies at Tenoxticlan, Goliad, and San Antonio. 3. The first serious difficulty between the colonists and the military occurred at Anahuac. Under instructions from Teran, Bradburn arrested the commissioner, Madero. He also abolished the ayuntamiento at Liberty, and established one at Anahuac, without any warrant of law. The citizens were further annoyed by the lawlessness of Bradburn's soldiers, many of whom were discharged convicts. The commander shielded his soldiers from punishment, even af- ter their crimes had been clearly proved. He also received and harbored runaway slaves, and when their owners demanded their return, refused to give them up, on the plea that they had already enlisted as soldiers in the Mexi- can army. He finally proclaimed martial law, and arrested a number of citizens for whom he had conceived a dislike, and confined tliem in the barracks. JE, What was the purport of Bustemente's decree of April 6, 1830? At what points were custom-houses established ? At what points weie soldiers stationed to overawe the citizens ? 3. At what place was the first serious difficulty between the colonists and the military commander ? Name some ol the arbitrary acts of Bradburn. TROUBLES AT ANAHUAO. 61 4. Though these men had viohited no law, and were ignorant of the cause of their arrest, Bradburn threatened to send them to Vera Cruz for trial. By another military decree all the ports of Texas, except Anahuac, were closed. That port was at the head of Galveston Bay, outside of Austin's colony, and accessible only to vessels of light draught. It was not to be expected that Anglo-Americans, with their inborn love of liberty, would tamely submit to such outrages. Meetings were held and measures devised to effect the release of the prisoners in the stockade. 5. A company was organized under the command of Francis W. Johnson, who demanded the immediate and un- conditional release of their fellow-citizens. This company, when approaching Anahuac, intercepted and captured a scouting party of fourteen of Bradburn's soldiers. In a parley, Bradburn proposed that if the Americans would release the soldiers just captured and retire some six miles, to Turtle bayou, he Avould set at liberty the citizens in the stockade. Johnson agreed to this. The captives were sent into the garrison, and he retired' with his command to the bayou, to await the arrival of their friends held in custody. In the meantime Bradburn heard that Piedras was ap- proaching with reenforcements from Nacogdoches, and de- clined to give up his prisoners. Piedras, as soon as he ascertained the trne state of affairs, superseded Bradburn (who immediately left for New Orleans), and released the prisoners. 6. Fortunately for the Texan s, at this juncture news 4. Where did Bradburn threaten to send citizens wliom he had arrested? What Texas ports were closed ? 5. Who commanded the Texans who organized to release their fellow citizens? What befell a scouting party of Bradburn's soldiers? By whom were the prisonera Gnally released ? 6. What news reached Texas from Mexico ? Who was then the Republican leadei in Mexico f 62 FIOHT AT VELASGO. arrived of a revolution in Mexico. Santa Anna, wlio was just rising into favor, had pronounced against Busfcemente, and proclaimed anew the Constitution of 1824. A public meeting at Turtle Bayou, June 13, 1832, gave a cordial assent to this republican movement. This placed the Americans in Texas in harmony with the liberal party of the nation. 7. In the month of May, before any of the citizens had left for Anahuac, a meeting was held at Brazoria, in which a proposition was made to first capture Colonel XJgartechea at Velasco. This failed by one vote. XJgartechea, however, gave an informal pledge that he would remain neutral. The assailing party at Anahuac needing cannon, Captains John Austin and Wm. J. Eussell were dispatched to Brazoria for two at that place. Ugartechea declined to let the cannon pass Velasco. Captain Austin at once called for volunteers to capture the garrison, and one hundred and twelve men volunteered. Part of these, Avith the cannon, were placed on board the schooner Brazoria, in charge of Captain Russell, and floated down the river. Captain Austin conducted the remainder by land. These, when tliey arrived at the mouth of the river, were formed into two companies. Captain Brown, with one company, took position near the beach, where they were partially protected by drift-wood. Captain Austin, under cover of darkness, approaclied within a few rods of the fort, carrying palisades of plank for protection, and, working in silence, threw up temporary breastworks. 8. The battle commenced about twelve o'clock at night, June 25th. Just after daylight, a shower of rain fell, damag- ing the ammunition of the assailants. The breastworks not 7» What proposition was made in Brazoria at a meeting of colonists ? What occasioned the light at Velasco ? 8. When did the battle commence ? Give the particulars of the fight. Loss of the Mexicans. Of the Texans. I M' FIOHT AT NACOGDOCHES. 63 affording protection to his men, Captain Austin retired a short distance, to a more advantageous position. The party on the vessel still kept up the fight, and the riflemen were especially successful in picking off gunners who mounted the parapet to fire the cannon. After about ten hours' fighting, a white flag was raised in the fort, and soon after- ward the garrison surrendered. In the fight, the Mexicans had thirty-five killed and fifteen wounded. The loss of the Texans was eight killed and twenty-seven wounded. 9. Colonel Piedras, by his course at Anahuac, had become popular with the Texans. But he was a monarchist, and did not believe the Mexicans capable of self-government. At a public meeting, at Nacogdoches, a committee was ap- pointed to invite Piedras to join the republicans. This he declined to do, when the citizens organized a military com- pany for his capture. On the 1st of August, Colonel Bullard, who had been chosen commander, took a position near the old stone house, which, after a severe fight, was captured by a party of Texans under Captain Bradley and Lieutenant Looney. A body of cavalry, sent by Piedras to re- capture the house, was repulsed with loss. The fight lasted until night. 10. Under the cover of darkness, Piedras cast his ammu- nition into wells, and silently left the place, retreating westward. He left forty killed and a number of wounded in the town. The Texans had one killed and five wounded. The next day a party of Texans intercepted the retreating Mexicans at the Angelina river. At the first fire, Marcos, one of Piedras' officers, was killed. To avoid the further effusion of blood, Colonel Piedras turned the command over to Major Medina {may -dee' -no), who immediately surren- 9. To what political party did Piedras belong? What course did the people o( Nacogdoches pursue ? What house did the Texans occupy ? 10, What became of Piedras ? 64 CONVENTION OF 18Se3. derod, and he and most of his men espoused the republican cause. 11. Soon after this, Colonel Souverin, a republican, who had become commander at Anahuac, collected all the Mexican soldiers he could muster from the commands of Bradburu, Ugartechea, and Piedras, and sailed for Tampico {tahm-pee'- co) to assist in the revolution against Bustemeute. Texas was thus left without a garrison. SECTION VIII. CONYEITTIOIS" OF 1833. — AFFAIRS IN COAHUILA. — AUSTIN" IN MEXICO. — POLITICAL PARTIES.' — LIVE STOCK, AGRICULTURE, j AND COMMERCE. — EDUCATION. — SCHOOLS AND CHURCHES. — REFLECTIONS. 1. The attachment of Texas to Coahuila was only a tem- porary arrangement. The coalition was inconvenient, un- natural, and, in many respects, disadvantageous to the former, which now had a population equal to that of the smaller State«s of Mexico, and was in harmony with the lib- eral party, which, under Santa Anna, had there gained the ascendancy. This was thought to be a favorable time for inaugurating a separate State government. As early as Oc- tober, 1832, a number of leading citizens met at San Felipe, and recommended the election of delegates to a Convention to form a Constitution. 2. An election was held in the different municipalities in March, 1833, and in April the Convention met in San 11, What became of the Mexican soldiers in Texas ? Section VIII,— 1, Was the connection with Coaliuila advantageous to Texas \ What did the Texans desire ? 2. When did the Convention meet to form a Constitution ? Who was the author of the constitution ? Of the memorial ? Who went as Commissioner to Mexico ? AFFAIRS IN COAHUILA— AUSTIN IN MEXICO. 65 Felipe. A Constitution which was drafted by Sam Houston was adopted, and submitted to the national authorities for approval. Judge Burnet drew up an able memorial, show- ing the disadvantages under which Texas labored, and the necessity for a separate State government. Of the three Commissioners who were selected to proceed to the city of Mexico with the Constitution and memorial, Colonel Austin alone went. 3. In 1834, while Texas was comparatively quiet and pros- perous, Coahuila was convulsed with a revolution. The seat of government had been removed from Saltillo to Monclova. Saltillo, unwilling to lose the capital, organized a revolution, and elected a governor in opposition to the one at Monclova. Both parties prepared to fight, but before actual hostili- ties began, referred their difficulties to Santa Anna, who ordered a new election. This state of affairs, in which the Legislature was prevented from meeting, illustrated still more forcibly the necessity of separating Texas from Coahuila. I. When A.ustin reached the Mexican capital, he found a strong prejudice had been awakened against the Anglo- Americans in Texas. He failed to obtain permission to organize a separate State government, but his mission was not without good results. He secured the repeal of laws which discriminated against the Americans — especially the decree of Bustemente, prohibiting immigration from the United States — and obtained some mail facilities, in Decem- ber he started for Texas, and had reached Saltillo, where he was arrested by order of Farias, the acting President, carried back to Mexico and thrown into a dungeon, in which he languished nearly two years. 3. In what condition was Coaliuila in 1834 ? To whom did the hostile partieo refer their dispute ? 4. What was the state of feeling toward the Anglo-Ainericaus when Austbl arrived in Mexico ? How was Austin treated ? 66 POLITICAL PARTIES— AGRICULTURE. 5. During the year 1834, Colonel Almonte, one of Santa Anna's most trusted lieutenants, was sent on a visit to Texas. He was everywhere cordially received, and, on his return, published a glowing description of the country, giving a tolerably accurate estimate of its population and resources. 6. Though all parties, in 1834, wished to see the connection between Texas and Coahuila dissolved, there were differences of opinion as to the best mode of accomplishing this object. Some wanted a de facto local government organized at once. Others wished to await the action of the Federal authorities, and the return of Austin. And still others, comparatively few in number, but very zealous, wished at once to proclaim the independence of Texas. But as all parties were agreed in desiring a local government, to be administered by its own citizens, Texas was comparatively quiet. It was, how- ever, a delusive peace, the harbinger of a storm. 7. The first considerable stocks of cattle brought to Austin's Colony, were by Abner Kuykendall and Eandal Jones, in 1822. Ten years later, Taylor White, on Turtle Bayou, had three thousand head, and Mr. Barrow, one of Mr. White's neighbors, had several hundred head of horses and mules. There were large herds of cattle and horses owned by Mexicans in western Texas. 8. The first cotton-gin-house erected in Texas was in 1825, at the Groce plantation ; the next, near the mouth of Cow Creek, in Brazoria County, by the Austins ; the third, by Robert H. Williams, in Matagorda County. Cotton was then packed in fifty and one hundred pound sacks, and transported to the Rio Grande on mules, two hundred an.d ■■ ■ ' ■ ' » —^ — ~ 5. What Mexican officer visited Texas in 1834 ? What did he think of Texas f 6. What was the desire of all parties in Texas ? How did opinions differ ? 7. When were the first stocks of cattle brought to Austin's Colony ? • 8. When and where was the first cotton-gin-house built? When was the flr^l cotton shipped from Texas, and what price did it hrintr ? COMMERCE— EDUCATION. C? fifty pounds constituting a mule load. The first cotton sent out of Texas by water was shipped from Velasco to Mata- moras in 1831, and brought sixty-two and a half cents per pound. As early as 1830, Judge Williams, of Liberty County, made forty liogsheads of sugar in one year. 9. In 1834, Almonte estimated the commerce of Texas as follows : Exports. Imports. Department of Brazos $600,000 $325,000 '* Nacogdoches $470,000 $265,000 « Bexar $10,000 10. The Constitution of Coahuila and Texas (1827) de- clared " that in all the towns of the State a suitable number of primary schools shall be established, wherein shall be taught reading, writing, arithmetic, the Catechism of the Christian religion, a brief and simple exphmation of this Constitution and that of the Republic, the rights and duties of men in society, and whatever else may conduce to tlie better education of youth." This was a dead letter upon the statute book. There were, however, a few private schools in Texas. In 1824, S. Richardson taught in San Felipe; Henry Smith taught in Brazoria County in 1827, and Thos. J. Pilgrim in 1828. Pilgrim afterward taught in San Felipe, where he organized the first Sunday-school in Texas. Miss Trask taught in Cole's Settlement (Independence), and other schools were opened for short periods in various neigh- borhoods. In 1832, the Bexar memorialists stated " that there was but one school in San Antonio, the teacher of which was paid twenty-five dollars per month by his patrons." 11. Under the colonization laws, all colonists professed 9. Give Almonte's estimate of the exports and imports of the different depait- ments. 10. What provision did the Constitution of 18-27 contain in favor of education ? Were public schools established under this provision ? Name some of tiie teachers of private schools. 1 1 . What faith did the early colonists profess ? What plaoes were regularly 68 * SCHOOLS— CHURCHES. the Eoman Catholic faith. There were, generally, regular priests at San Antonio, Goliad, and Nacogdoches. The American population had, however, no churches, and only occasional visits from priests. In 1830, Father Michael Muldoon, an Irishman, visited most of the settlements, ad- ministering baptism and marrying such as desired these rites. In the absence of a priest, parties were married by a boud. Father Henry Doyle was the regular priest at San Patricio. "In 1833," says Almonte, "the only vicar in San Antonio died of cholera, leaving but one curate to the de- partment." 12. Texas was also occasionally visited by Protestant min- isters. In 1822, Rev. Henry Stevenson (Methodist) preached in various neighborhoods. He did the same in 1824. In 1826, Rev. Joseph Bays (Baptist) preached at the house of Moses Shipman, on the Brazos. In 1832, Sumner Bacon (Cumberland Presbyterian) passed through the various set- tlements, acting as agent for a Bible and Tract society of Natchez. In 1833, a Baptist church was organized in Austin's Colony; a Methodist church in East Texas, near San Augustine ; and a Cumberland Presbyterian church in North Texas, on Red River — this last by Rev. M. Estel. In 1834, a Methodist camp-meeting was held in Austin County, near the residence of the Rev. John W. Kinney, and a protracted meeting with the church in East Texas. 13. Notwithstanding the scarcity of schools and churches, society in Texas was unexceptionably good at the close of this period. Austin had required of all colonists a cei'tificate of good character, and had taken great pains to keep out Bupplied with priests ? What priest visited Austin's Colony in 1830 ? In the absence of a priest how were parties married ? 12. Give tlie names of some of the early Protestant ministers in Texas. What Protestant churches were organized in 1833 ? 13. What is said of the morals and social condition of Texas at the close of ttila period f REFLECTIONS. gg criminals and persons of vicious morals. As a general rule, the colonists lived in great peace among themselves, were honest in their dealings, and practiced a generous hospital- ity toward strangers. 14. Concluding Reflections. — The study of the colonial period of our history is well calculated to impress us with a sense of the undaunted courage, the indefatigable energy, and unconquerable spirit of tlie men who found Texas a wilderness and converted it into a garden, introducing and establishing, upon a permanent basis, our civil institutions. To avoid the appearance of self-glorification, the testimony of two intelligent foreigners is appended. 15. Kennedy, in his *' History of Texas," speaking of these pioneers, says: "They are the only people who, in defiance of all obstacles, have struck the roots of civilization deep into the soil of Texas. Even as I trace these lines, I reflect upon their progress with renewed wonder and admi- ration. They are, indeed, the original conquerors of the wild, uniting in themselves the threefold attributes of hus- Dandmen, lawgivers, and soldiers." 16. M. De Tocqueville, at a still earlier period, in his work on America, uses the following language : " It is not to be imagined that the impulse of the Anglo-American race can be arrested. Their constant progress towards the Rocky Mountains has the solemnity of a providential event. Tyrannical government and consequent hostilities may retard this impulse, but cannot prevent it from ultimately fulfilling the destiny to which that race is reserved. No power upon earth can close upon the emigrant the fertile wildernesg which offers resources to all industry and a refuge from all want. Future events, of whatever nature they may be, will 14. What impression is the study of our colonial history calculated to produce f 1 .5. Give the purport of Kennedy's reflections. 1 6. Of M. de Tocqueville'e. 70 CHBONOLOOIGAL REVIEW QUESTIONS. not deprive the Texans of their climate, their bays and rivers, or their exuberant soil. ISTor will bad laws, revolutions, or anarchy be able to obliterate that love of posterity and tliafc spirit of enterprise which seem to be the distinctive characteristics of their race ; or to extinguish that knowl- edge which guides them on their way. Thus, in the uncer- tain future, one event is sure : At a period, which may be said to be near, the Anglo-Americans will, alone, cover the immense space contained between the polar regions and the tropics, and extending from the coast of the Atlantic to the shores of the Pacific." CHEONOLOGICAL REVIEW QUESTIOlSrS. SECOND PERIOD. When did Moses Austin obtain his first empreeario contract ? January 18, 1821. When did the first colonist? arrive with Stephen F. Austin ? December 31, 1821. When and where did the Fredonians organize for war ? At Nacogdoches, Decern ber, 1826. What celebrated decree was issued April 6, 1830 ? The decree of Bustemcnte prohibiting Americans from settling in Texas. What troubles occurred in 1832 ? Difficulties with Bradburn at Anahuac, June 13, flj^ht with Ugartechea at Velasco, June 25, and fight with Piedras at Nacogdoches, August 1. What occnrred in 1833 ? A Convention at San Felipe petitioned for a separata State government. Austin was imprisoned in Mexico. MEXICAN AFFAIRS. n ox:i^^^-ige^ (B^S^^^^^^^^^^^ PERIOD III. THE REVOLUTION. Includes the Years 1835 and 1836, SECTION^ I. mexican affairs. — texas without civil gover^n'men't.— Austin's return. — the affair at gonzales. — goliad taken" by the texans. 1. Perhaps Texas might have become, and remained, a Mexican State, had the Mexicans maintained a republican form of government. But the Republic had disappeared. Section I. — 1. Did Mexico maintain a republican form of government? Who was exercising despotic power? What State etill resisted the authority of VI TEXAS WITHOUT CIVIL GOVERNMENT. Santa Anna had abandoned the liberal party, and was mak- ing strides toward absolute power. The Constitution of 1824 had been swept away, and the mass of the people disarmed. The last republican leader who held out against the usurper was Governor Garcia, of Zacatecas. Santa Anna was com- pletely victorious in a bloody battle fought near that city on the 11th of May, 1835, killing some two thousand repub- licans, and taking twenty-seven hundred prisoners. Early in April General Cos dispersed the Legislature of Coahuila and Texas, then in session in Monclova ; and in July Gen- eral Ugartechea was sent to San Antonio with a garrison to over-awe the Texans. On the 8th of August the Plan of Toluca was formally proclaimed, investing the President with dictatorial powers.* 2. The revolution in Mexico was completed on the 3d of October, 1835, when Santa Anna issued a decree suspending the functions of all State Legislatures, thus centralizing all power in the supreme government at the capital. 3. The state of chaos in Coahuila left Texas comparatively without civil government, though a few of the alcaldes still exercised their functions. But the troubles with the Indians, and the unsettled state of the country, rendered it necessary to have some means of communication between different settlements. This led to the formation of Commit- tees of Safety in several of the municipalities. On the 17th * In a Mexican revolution, the following is the order of proceeding : 1. A grito, or grumbling at tlie existiiiLr order of things. 2. A pronunciado, or denun- ciation of these evils at a public meeting of the disaffected. 3. Apian ii? proposed lor relief. This p\^n derives its name from the place in which it originated, as the Plan of Vera Cruz ; of Iguala ; of Toluca. Santa Anna? When was the battle of Zacatecas fought? With what result? Who dispersed the Legislature at Monclova? When was Ugartechea sent to Texaef 2. When was the revolution in Mexico completed ? By what decree ? 3. In what state did the revolution in Coahuila leave Texas? Why were Com* mittees of Safety formed? When and where was the administrative council organ teed? AUSTIN'S RETURN. 73 of July a number of delegates from adjoining municipali- ties met at Suii Felipf^,, and organized au administrative council, or committee. 4. At this period, when the public mind was unsettled, Austin re-appeared in Texas, having been released from his long confinement. At Brazoria he was greeted by a thou- sand citizens, who anxiously awaited his advice. His obser- vation of the progress of events at the Mexican capital had satisfied him that the time had arrived for the Texan s to act with promptness and vigor. He was immediately elected Chairman of the administrative council. To secure concert of action throughout the province, lie advised the assembling of delegates from all municipalities, for a general consulta- tion. The election was held on the 3d of October. 5. Soon after the arrival of Ugartechea at San Antonio, he sent Captain Tenorio with about twenty men to Ana- huac. A misunderstanding took place between Tenorio and a party of Texan s under W. B. Travis. The Mexican offi- cers and soldiers were arrested and disarmed; but the administrative council at San Felipe, after investigation, restored Tenorio and his men to liberty, and returned their arms and papers. 6. Under instructions from headquarters, Colonel Ugar- techea ordered the civil authorities in Texas to arrest cer- tain citizens, who were obnoxious to the centralists. Santa Anna was especially anxious to secnre his former friend, Zavalla, and, to capture him, sent a schooner, under Captain Thompson, into the Brazos river, A party of Texans, how ever, under Captain Hurd, captured Thompson and sent him to New Orleans, where he was tried for piracy. He 4. How was Austin greeted on his return ? What advice did he give ? Whec was the election held ? 5. now was Captain Tenorio received at Anahuac t 6. What exiled Mexican patriot did Santa Anna order arrested ? 4 74 THE AFFAIR AT GONZALES. was acquitted of the charge, and subsequently became an officer in the navv of Texas. 7. Gonzales has been denominated the Lexington of Texas. A cannon had been given the citizens for defence against the Indians. Ugartechea sent Captain Castanado, with one hundred and fifty men, to seize this gun and carry it to San Antonio. The Texans rallied under Captain Albert Martin, and resolved to retain it. On the 29th of September, the ferry boats were brought to the east side of the river, and a position taken to prevent the Mexicans from crossing. By the 30th, the Texan force, at first small, had increased to one hundred, and on the 1st of October, to one hundred and sixty-eight. A military organization took place. John H. Moore was elected Colonel, and J. W. E. "Wallace, Lieutenant Colonel. The Texans manned the cannon, and on the 2d of October, crossed the river with a view of attacking the Mexicans. Castanado asked for a parley, proclaimed himself a Eepublican, and wanted to know for what the Texans were fighting. Colonel Moore replied, and submitted to Castanado the choice of either surrendering to the Texans, or joining their ranks. He de- clined both alternatives, and the Texans immediately pre- pared for an attack. The fight opened with a discharge from the cannon. Castanado precipitately retreated towards San Antonio, and the Texans returned in triumph to Gonzales. 8. As soon as news of the affair at Gonzales reached lower Caney, Captain George Collingsworth collected a few men among the planters of Brazoria and Matagorda Counties, for T, What place has been denominated the Lexington of Texas ? For what pur- pose did Castanado visit Gonzales ? What steps did the Texans take to retain tha cannon ? With what result ? 8. For what purpose did Collinsworth collect his company? When was Goliad captured ? THE TEXAN8 TAKE GOLIAD. 75 the capture of Goliad. On the evening in which this partv readied the neighborhood of the town they fortunately fell in with B. K. Milam, who had escaped from a Mexican prison and was making his way to Texas. He at once en- tered the ranks as a private soldier, and was foremost in the assault. The attack was made on the night of October 8th. The garrison was taken completely by surprise, and surrend- ered after a short engagement. The Texan s took twenty- five prisoners, several pieces of artillery, three hundred stand of arms, and about ten thousand dollars in money. The place was left in command of Captain Philip Dimmit. 9. On the 3d of November Captain Westover captured a Mexican garrison of twenty men, at Lipantitlan, on the Nueces river. Aitev Captain AVestover had paroled the prisoners, he was attacked by about seventy Mexicans, whom he defeated after a sharp conflict of half an hour. The Mexicans suffered severe loss ; one Texan was wounded. SECTION II. CIVIL GOVERNMENT. — MILITARY OPERATIONS. — INVESTMENT AND TAKING OF SAN ANTONIO. 1. October 16th was the day fixed for the meeting of the General Consultation. This name was adopted because the term Convention was peculiarly objectionable to the Mexi- cans. Only thirty-one members being present on the 16th, they adjourned on the next day to November 1st, part of the members going to the army, and the others remaining to act with the committee at San Felipe. On the 3d of 9. What other Mexican garrisou was captured eoon afterward ? Section II.— 1 • What day was fixed for the meeting of the Consultation • \\'Tien was a quorum obtained ? 7C CIVIL GOVERNMENT. I>^ ovember a quorum was present, and the body organized by electing Branch T. Archer, President, and P. B. Dexter, Secretary. The Committee, which since the middle of July, had been exercising the functions of government, at once turned over all their papers and authority to the Consulta- tion. 2. It was at first thought that the independence of Texas would be at once proclaimed. This, however, was deemed unadvisable ; and on the 6th of November, a declaration was solemnly put forth, which asserted in the preamble that Santa Anna had, by force of arms, overthrown the federal institutions in Mexico, and that the Texans had taken up arms in defence of their rights and liberties ; that Texas was no longer bound by the compact, and did not acknowl- edge the usurpation of Santa Anna ; that she would con- tinue the war until the Mexican soldiers were driven from the province; and that, under the circumstances, she had a right to withdraw from the Union, but would still adhere to the Constitution of 1824. Other resolutions pledged the faith of the State to defray the expenses of the army in the field, and donated land to volunteers. 3. On the 12th of November a Provisional Government was organized, with Henry Smith for Governor, James W. Robinson, Lieutenant Governor, and Sam Houston, Com- mander-in-Chief of the regular army. On the same day an Executive Council was elected, composed of one member from each municipality. 4. To secure men and means necessary to carry on the war, three commissioners were sent to tlie United States. 2« Did the Consultation proclaim the independence of Texas ? Wbat declaration was sent forth November 6 ? 3. Who was elected provisional Governor ? Lieutenant-Governor? How was the executive council formed? 4. Why were commissioners sent to the United States ? Mention some othex icts of the Consultation. MILITAR Y OPERA T10N8. 77 The Consultation, also, before adjournment, suspended the issuing of land titles, abrogated the sale of four hundred leagues of Texas land, made fraudulently by the defunct Legislature of Coahuila; took steps to conciliate the Indians in East Texas ; to establish mail lines ; to collect duties ; and, in general, to inaugurate civil government. 5. Til 6 Texans who had, on the first alarm of war, hast- ened to the West and gallantly repulsed Oastanado, were not prepared for a regular campaign, and many of them soon returned to their homes. Those remaining in camp were without a recognized leader, or any definite plan of action. In this contingency the Council sent General Austin as Commander-in-Chief. He arrived at Gonzales on the 10th of October, and the soldiers at once placed themselves under his orders. 6. At San Antonio, the Mexican garrison had been strengthened by the arrival of General Cos, and numbered about one thousand men. The fortifications were repaired, and the city put in a thorough state for defense. This city was Austin's objective point. With his army he crossed the Guadalupe River on the 12th of October, and on the 20th arrived at the Mission La Espada, nine miles from the city. 7. On the 27th Austin sent a detachment of ninety-two men, under Colonels Bowie and Fannin, to reconnoitre, and, if practicable, select a camping-ground nearer the city. Tiiia party passed tlie night at Mission Concepcion, where they were discovered by Mexican spies. The camp of the Texans was protected on one side by the river. On the morning of the 28th they found themselves confronted on three sides by 5. Were the Texan soldiers prepared for a military campaign? Who became commander at Gonzales ? 6. What was the condition of the Mexican garrison at San Antonio ? What wan Austin's objective point ? T. Give the particnlars of the battle of Concepciory. 78 INVESTMENT OF SAN ANTONIO. a large body of Mexican soldiers. The Texans took position in the low ground on the bank of the stream, out of the range of the enemy's cannon. After some severe fighting the Mexicans retreated to the city, leaving their cannon on the field. In this engagement the Texans had one man killed. The Mexican loss was not accurately known. It was said sixteen dead bodies were lying near the abandoned cannon, which had been fired but four times. 8. On the 2d of November the Texans moved up the river and took a position at the powder-house, one mile east of the city, and, soon afterward, at the old mill on the bank of the river, closely investing the place. 9. On the 26th of November General Cos sent out a party of men to cut grass for their horses. This party was attacked by the Texans, and a running fight took place, the Mexicans retreating in great disorder to their fortifications. Two days after this fight General Austin, who had been appointed Commissioner to the United States, resigned the command of the army, and was succeeded by General Burleson. 10. Burleson's army was composed of volunteers, many of whom had left home expecting soon to return. Cold weather was approaching, and they were but poorly prepared for a winter campaign. The city was strongly fortified. Most of the houses were of stone or adobe (dried brick), with small openings and flat roofs, affording good positions and protec- tion to the besieged. On the east side of the river the old fortress of the Alamo had been thoroughly repaired, while the buildings adjoining the church and the main plaza, in the city, were carefully secured, and the streets barricaded and protected with artillery. In view of the position and 8* When did Austin's army invest the city ? 9. Give particulars of the ''^ grass figlit.'''* Who pucceeded Austin in command? 10. Of what kind of troops was Burleson's army composed ? What was the situ- ation of San Antonio ? What noted companies joined the Texans y INVESTMENT OF SAN ANTONIO. 79 strength of the enemy, some of Burleson's officers thought an assault impracticable. The Texans had been reinforced by two splendid companies from New Orleans. They wore a gray uniform, and were called the "New Orleans Grays," and were under the command of Major R. 0. MorrivS, and Captains Breese and William G. Cooke. 11. To keep the army together it was necessary to com- mence active operations, and, at a consultation of oflBcers on the 2d of December, an assault upon the city was planned for the next day. General Burleson was to remain at head- quarters to give general orders ; Colonel Neil, with the artil- lery, was to divert the attention of the foe by an attack npon the Alamo ; while the main attacking party was to enter the city in two divisions, one under Colonel B. R. Milam, who led the assault, and the other under Colonel F. W. Johnson. The former entered on Acequia, and the latter on Soledad, two parallel streets extending northward from the main plaza. 12. Before daylight on the morning of the 5th, Milam took possession of La Garza's house, and Johnson of Vera- mendi's. Johnson's column was first discovered, and sub- jected to a severe fire of grape and musketry. Soon after- ward Milam's division was also fired upon by the guns of the Alamo, and also those of the main plaza. So destructive was the fire that, for a time, communication between the at- tacking columns was interrupted. During the first day's fight the Texans had one killed and fifteen wounded. 13. On the second day the Mexicans, from the tops of their flat-roofed houses, and from their breastworks, poured an incessant fire upon the Texans, who steadily advanced, having five wounded during the day. 11. Whcrn was the council of war held in Burleson's camp ? On what day did the Texans attack the city ? 12. Give the particulars of the first day's fight. 13. Of the second. 80 SAN ANTONIO TAKEN. 14. Severe fighting continued all the third day. About noon a detachment of the assailants under Karnes advanced, and, with a crow-bar, effected an entrance into a house, secur- ing an advantageous position. While the brave Milam waa surveying the situation with a view to ordering a final assault, he was instantly killed by a rifle ball. He was succeeded in the command by Colonel Johnson. The struggle continued, and possession of Navarro's house was obtained in the after- noon. Besides losing Milam, the Texans had two privates wounded on this day. 15. The morning of the fourth day of the fight opened with a cold, drizzling rain, and there was little firing on either side. About nine o'clock the Texans advanced from Navarro's house to the Zembrano Row, and, by openings through the walls, finally drove tlie enemy from this build- ing. During the contest the Mexicans were reinforced by a regiment from the Rio Grande under Colonel Ugartechea. Late at night the Texans forced their way into the priest's house on the main plaza. The Mexicans kept up a furious Cannonade all night upon the houses occupied by the assail- J ants. The Texans had one wounded (Belden, of the New Orleans Grays,) while spiking a cannon. 16. General Cos, finding it impossible to drive the Texans from the square, just before daylight, on the morning of the 9th, abandoned the city and retreated across the river to tlie Alamo. At half-past six o'clock the black flags which had been floating over that fortress and the church in town were lowered, and soon afterwards a white one was raised over the] Alamo. A conference was held, and a surrender of the gar- rison took place during the day. Liberal terms were granted 14. Of the third. 15. Of the fourth. Which party received reinforcements f 16. To what place did Cos retire ? What terms were granted to the vtmquished. Mention some of the trophies acquired by the Texans. A BRILLIANT VICTORY. 81 to the vanquished. It was said most of the reinforcements introduced by Ugartechea were liberated convicts. These ho was required to take back across the Rio Grande. Mexican officers were permitted to retain their side arms and all pri- vate property. A small battery and one hundred stand o: Braall arms were returned to the Mexicans for protection against the Indians until they reached the Eio Grande. Of- ficers and men pledged themselves not to fight against Texas during the present war, and such soldiers as chose to do so were permitted to remain in San Antonio. The loss of the Mexicans in this fight was estimated at one hundred and fifty killed, and twelve hundred prisoners surrendered to General Burleson. The Texan s captured twenty-one pieces of artillery, five hundred muskets, and a large quantity of clothing and army stores. 17. Speaking of this brilliant victory, Burnet says: "We regard the taking of San Antonio as, without exception, the most difficult, protracted, and gallant achievement that graced our revolutionary history, and as exhibiting a more patient endurance of the fatignes, privations and dangers in- cident to war, than is common in an army of unpaid, undis- ciplined volunteers, a portion of whom were strangers, hav- ing no predial interests in the country. Colonel Burleson did all that duty could require. Colonel Johnson approved himself a worthy successor to the brave and skillful Milam, while every subordinate officer and every soldier displayed an indomitable heroism." "This first essay in the field," says Kennedy, *' was astonishingly successful, and the storming of Bexar will rank among the most remarkable feats of chiv* alric daring." 1T« Give Burnet's opinion of the figlit. Kennedy's 82 THE EXECUTIVE COUNCIL, SECTION III. THE EXECUTIVE COUNCIL. — THE C0:N'VENTI0I5" OF 1836. — CONDITION OF THE TEXAS ARMY. 1. The Executive Council, which was still in session at San Eelipe, had adopted such measures as* were deemed necessary to prosecute the war. A tariff of import and ex- port duties was levied. Six ports of entry were established — Sabine, Galveston, Brazos, Matagorda, Lavaca, and Co- pano. A judiciary was organized, and two judges ap- pointed for each municipality. A regular army was provided for, to consist of twelve hundred and twenty men. Only two companies of regulars had actually been mustered into service, but a full corps of officers was duly elected and commissioned.* 2. On the 10th of December the Council passed a decree ordering an election of delegates to a General Convention. The twenty-two municipalities were to elect fifty-six dele- gates ; the election to be held on the 1st of February, 1836, and the Convention to meet in Washington on the 1st of March. Governor Smith vetoed the bill because it gave Bexar four delegates, and the Governor thought that the Mexican population of that municipality would oppose the movement. The objection was overruled; but the point objected to by the Governor was guarded by prohibiting all Mexicans from voting, except those who opposed a central government. * It may be noted that but few of thope actually in the army were elected officers. On the very day the attack was made on San Antonio, Sublett was elected Colonel ever Burleson, and it was not until after the news of the capture of the city had been received that Johnson was elected a major. Section III.— 1 • What measures did the executive council adopt t 2» What decree passed the Council December 10 1 CONVENTION OF 1836. 83 3. It was soon discovered that the Executive Council was too unwieldy for prompt action. The Governor could do nothing without the sanction of the majority. The mem- bers from the different municipalities were constantly changing, and the Governor seems to have taken no pains to conciliate their good will, or enlist their co-operation in his measures. A rupture occurred, and on the 11th of January the Council, by a unanimous vote, deposed Governor Smith, and installed Lieutenant-Governor Robinson as Governor. The Governor declined to surrender his office. A wordy controversy ensued, which was protracted until the meeting of the Convention in Washington. 4. The delegates to the Convention assembled in Wash- ington on the 1st of March. Richard Ellis, of Red River, was elected President, and H. S. Kimble, Secretary. On the second day of the session, a declaration of independence was unanimously adopted. By the 15th a Constitution had been prepared, and on the 16th a government ad interim, was inaugurated, with David G. Burnet for President, and Lorenzo de Zavalla Vice-President. Sam Houston was ap- pointed Commander-in-Chief of the forces in the field. The Convention adjourned on the 17th ; and, a few days after- ward. President Burnet and the members of his Cabinet re- moved to Harrisburg. 5. The Texan Army, at the beginning of 1836, was not in a promising condition. After General Houston had been appointed Commander-in-Chief by the Consultation in 1835, the Council authorized Colonels Grant and Johnson to raise 3. Bid the executive and Council act in harmony ? What act passed the Council January 11, 1836 ? Who became governor ? 4. When did tlie Convention meet in Washington ? What act passed March 2 ? Who was appointed President ad interim? To what place did the President and Cabinet remove ? 5 . In what condition was the Texan army f Why did not Ilouston contiune in command ? 84 CONDITION OF TEXAN ABMY. an army to take possession of Matamoras. The same body also authorized Colonel J. W. Fannin, as agent, to collect an army for the same purpose. Houston considered that these acts had superseded his authority as commander, and he took his seat in the Convention at Washington as a dele- gate from Kefugio. 6. After the capture of San Antonio, most of the Texans in Burleson's army returned to their homes, while many of the soldiers from the United States enlisted in the expedition which Johnson and Grant were getting np against Mata- moras. The few troops remaining in San Antonio were under the command of Colonel John C. Neil, who was soon succeeded by Colonel W. B. Travis. Goliad, after its cap- ture by Collingsworth, was under the command successively of Captains Dimmit, AVestover, Wyatt, and Colonel J. W. Fannin. SECTION IV. PLANS AN"D MOVEMENTS OF SANTA ANNA. — SIEGE AND CAPTURE OF THE ALAMO. 1, Texas was now the only Mexican province that disputed the authority of Santa Anna, and he immediately began his preparations for its subjugation. His plan of invasion was to send his main army across the Rio Grande at Presidio, and thence to San Antonio, while a supporting column ad- vanced along the coast from Matamoras to Goliad. 2. Santa Anna arrived at Saltillo toward the last of Jan- uary, 1836. On tlie 16th of February he Avas at Guerrero, 6. What became of Bnrlepon's soldiers after the capture of San Antonio ? Who Biicces^ively commanded in that city ? Who were the commanders at Goliad ? Section IV,— 1, After the capture of Zacatecas, to what province did Santa Anna turn his attention ? 3* When did Santa Anna arrivo at Saltillo ? How did he propose to enter Tezae f PLANS AND MOVEMENTS OF SANTA ANNA. 85 and wrote to 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 foreigners who lived near the sea-coast, or the borders of the United States ; to remove far into the in- terior those who had not taken part in the war; to vacate all land and grants of land owned by non-residents ; to re- move from Texas all who had come to the province, and were not entered as colonists under Mexican rules ; to divide among the officers and soldiers of his army the best lands, provided they would occupy them; to permit no Anglo- American to settle in Texas; to sell the remaining vacant lands at one dollar per acre, allowing those speaking the French language to purchase five millions of acres, those speaking English the same, and those speaking Spanish without limit ; to satisfy the claims of the civilized Indians ; to make the Texans pay the expense of the war ; and to liberate and to declare free the negroes introduced into the province." To prevent Texas from receiving aid from tlie United States, an order was issued by Tornel condemning as pirates all foreigners who should enter the province with arms or munitions of war. 3. While Santa Anna, with his main army, was preparing to make a demonstration upon San Antonio, General Urrea was at Matamoras, organizing an auxiliary force to march along the coast. 4. The advance of Santa Anna's army reached the heights of the Alazan, overlooking the city of San Antonio, on the 22d of February. On his approach, Colonel Travis, with one hundred and forty-four men, retired to the Alamo. How dispose of her population ? How dispose of the land ? The slaves ? Give the purport of Torners order. 3* What Mexican general was at Matamoras? 4. When did Santa Anna arrive at San Antonio? Where did Travis take refugef 8Q SIEGE OF THE ALAMO. 5. Sauta Anna sent a summons to tlie garrison to sur- render. This was answered by a cannon-shot from the bat- tery. Travis had fourteen cannon, but only a limited supply of ammunition. A blood red flag, proclaiming " JVb quar- ters" floated over the church in the city. 6. On the 24th Travis dispatched couriers to San Felipe and to Goliad for help. The Mexicans bombarded the fort without efl'cct. 7. On the 25th the Mexicans opened their batteries early. Toward noon Santa Anna himself crossed the river, and per- sonally superintended the planting of cannon at the powder- house on the hill, and also near the walls of the Alamo, under the protection of some houses. Late at night the Texans sallied out and burned several buildings near the fort. 8. Early on the morning of the 26th a skirmish took place, but without decisive results. Santa Anna, having re- ceived reinforcements, drew his lines still closer around the walls, attempting to cut off the garrison from water. In this he failed. At night the Texans again sallied out and burned some buildings on the north side of the fort. A continued bombardment was kept up, but nothing important occurred for several days. 9. On the 2d of March Captain John W. Smith, with thirty-two citizen-soldiers from Gonzales, forced their way through the Mexican lines and entered the fort; and, on the 3d, Travis sent out a courier to the Convention at Washing- ton. He says: " I am still here in fine spirits, and weU to do. With one hundred and forty-five men I have held thia 5* How was Santa Anna's summons to suiTender answered ? 6. What took place on the 24th ? 7 On the 25th? 8. On the 26th? 9. Who entered the Alamo on the 2d of March ? What word did Travis send th« Convention on the 3d ? ITS J 88A ULT PLANNED. 87 place ten days against a force variously estimated at from fifteen hundred to six thousand, and I shall continue to hold it until I get lelief from my countrymen, or I will perish in its defence. We have had a shower of cannon balls continu- ally falling among us the whole time, yet none of us have fallen. We have been miraculously preserved." Daring the day Colonel J. B. Boniiam, who had been sent to Goliad for reinforcements, returned and rejoined his companions in the fort. At night the Texans made an unsuccessful sally in the direction of the old mill. 10. On the morning of the 4th there was cannonading on the part of the Mexicans. The Texans, being short of am- munition, seldom fired. In the evening Santa Anna con vened a council of officers to deliberate upon the propriety of an assault. A majority opposed the attempt before the arrival of siege guns ; but the General, whose movements had always been very rapid, was impatient at this delay, and de- termined to assault the fortress. His orders were very care- fully and minutely given. There were to be four columns of attack under his most experienced officers. Each column was supplied with scaling ladders, crowbars and axes. His whole cavalry force was marshalled in the rear to prevent the desertion of his own unwilling troops and the escape of the besieged. Filisola mentions, as a rumor, that during the evening Travis proposed to surrender on condition that the lives of his men should be spared. This was, probably, an unfounded report. 11. All parties were required to be in their designated places, and it was Santa Anna's order that the assault should take place at midnight. Besides the main chapel of the Alamo there was a court, surrounded by a stone wall, inclos- 10. What occurred on the 4th of March? Mention Santa Anna's pJan of assault 11. At what hour did Santa Anna intend to make the assault? What were the surroundings of the Alamo ? 88 ASSA ULT OF TEE ALAMO^TRA VIS— CROCKETT. iog two or three acres of ground. Along this wall were some stone buildings used as barracks. One of these was a two- story building, and all opened into tlie court-yard, though they had no connection with each other. 12. At four o'clock on Sunday morning, March Gth, the thirteenth day of the siege, the bugle sounded for a forward movement along the whole Mexican line, and a grand assault upon the beleaguered garrison. The Texans hastened to their guns, and, according to Filisola, " poured upon the ad- vancing columns a shower of grape, and musket, and rifle balls." Filisola continues: "The three columns that at- tacked the west, north, and east fronts fell back, or, rather, wavered, at the first fire of the Texans. The columns of the western and eastern attacks, meeting with some difficulty in reaching the tops of the small houses forming the wall of the fort, did, by a simultaneous movement to the right and to tlie left, swing northward until the three columns formed one dense mass, which, under the guidance of their officers, finally succeeded in effecting 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 of the fori" This cannon was commanded by Travis in person, and it is likely he fell early in the action, as his body was found near his gun. The Mexicans immediately turned this piece upon the church, and the Texans, overpowered by numbers, finally took refuge in the various buildings, aban- doning the yard to the foe. 13. After this each apartment became a separate battle- field, the Texans selling their lives as dearly as possible. Crockett was probably alone, as the bodies of no other Tex- ans were near him. Around his corpse were a number of 12, On what day did the assault take place ? Give Filisola's account of the cap- lure of the place. Where did Travis fall ? 1 3* Mention what is known of the death of Crockett. Of Bowk. THE CAPTURE^NONE SPARED. %% Mexicans whom he had undoubtedly slain in the last con- flict. Bowie, who was in the last stage of consumption, was confined to his bed, where he was discovered and slain. It was reported that he, with his pistol, shot two or three Mex- icans as they entered his room. The last place taken by the enemy was the church. Further resistance now seemed use- less, and, according to a preconcerted arrangement. Major Evans attempted to blow up the magazine. He was shot just as he was applying the torch. 14. After all resistance had ceased, three or four Texans were found concealed in a room, who appealed for quarter, but were immediately put to the sword. Lieutenant Dickin- son (one of the officers who had assisted Johnson in the cap- ture of the city) had his family with him in the barracks. With a child on his back he attempted to leap from one of the upper rooms. Both were shot, and fell lifeless to the ground. The only persons spared were Mrs. Dickinson and daughter (the latter known as the " Child of the Alamo"), Mrs. Alsbury and child, and a negro servant belonging to Travis. 15. The garrison numbered about one hundred and eighty. A monument, standing at the entrance of the capital, at Austin, states that "Thermopylae had its messenger of defeat ; the Alamo had none." Greneral Andrade, the officer immediately appointed commander in San Antonio, report- ed the Mexican loss at eight officers killed, and eighteen wounded; enlisted men, fifty-two killed, and two hundred and thirty-three wounded. Well-informed Texans put the loss of the enemy at from one hundred and fifty to two hundred killed, and about twice that number wounded. 14. How were those treated who appealed for quarter ? Give the fate of Lieuten* unt Dickinson. Who were spared ? 15. How many Texans fell in the Alamo? What was the probable loss of th« enpmv ? 90 UBBEA'8 AD VANCE— SAN PA TBIGIO. The bodies of the Texan s were collected in heaps and burned.* SECTION V. CRREA. — SAN PATRICIO. — GRANT. — MASSACRE AT REFUGIO. — GOLIAD EVACUATED. — BATTLE OF COLETA. — MASSACRE AT GOLIAD. 1. Simultaneously with the advance of Santa Anna, Gen- eral Urrea proceeded along the coast. The advance of his col- umn reached San Patricio on the 28th of February. Colonel Johnson, with a few Texans, was completely surprised, as he had no intimation of the proximity of the foe. But the Mexican population of the place had received notice of the approach of Urrea's cavalry, and were instructed to keep lights burning in their houses, as a signal to their friends. Fortunately Johnson was writing until late, and, having a light burning in bis room, was not discovered by the enemy, I and he and three companions made their escape. From prisoners captured at San Patricio the Mexicans learned that Colonel Grant, Major Morris, and about forty other Texans, were out on a scout for horses. The next day this party was discovered and surrounded by a large cavalry force, and all the officers, and all but two of the privates, killed. 2. As soon as Fannin, whose headquarters were at Goliad, heard of the approach of Urrea, he sent Captain King * On the 25th of February, 1837, Colonel John N. Seguin superintended the coUeo* tion and proper interment of the bones of these heroes. Section V. — 1, When did Urrea reach San Patricio? How did Colonel John- Bon escape? What became of Grant and his companions ? 2. Who was sent to Refugio by Colonel Fannin on the 3d of March ? Who on the 12th ? What took place on the 14th ? Why did King and Ward separate J MASSACRE A T REFUGIO. gj (March 3) to Eefiigio, to remove the women and children. Fannin, not hearing from the first detachment, on the 12th of March sent Captain Ward, with one hundred and twenty men, to King's assistance. On tlie 14th the Texans at Ee- ingio were attacked by Captain Portelia. The Mexican a were repulsed with loss. Three of Ward's men were wounded. That night a misunderstanding arose between Ward and King as to which was entitled to the command, when the lat- ter, with forty-one men, withdrew from the fort to recon- noiter. After King's withdrawal Ward received orders to fall back, and rejoin Fannin at Victoria. As it was impos- sible to transport his three wounded men, he supplied them with water and left them in the old mission. 3. In the darkness of the night King and his company were lost, and, in crossing the river, their ammunition was seriously damaged. In this condition, the next morning (March 16), he was surrounded by the enemy, and, seeing no other alternative, surrendered his men as prisoners of war. They were marched back to Refugio, and, six hours afterwards, by an order of Urrea, taken out a few rods from tlie mission and shot! The three wounded men left by Ward suffered the same fate. 4. During the siege of the Alamo Fannin attempted to go to its relief, but was unable to do so for want of teams to transport his cannon. In the meantime he received orders from General Houston to fall back to Victoria, and at once prepared for a retreat. On the 16th of March he dis- mounted his guns, throwing some into the river, intending to move early jiext morning. Just at night Captain Hor- ton, of the cavalry, reported a strong force of the enemy In the immediate neighborhood. Fannin remounted his S. What became of King and his men f 4. Why did Fannin not go to the relief of Travis? When did he retreat from Bohad ? 92 OOLIAB EVACUATED— BATTLE OF COLETA. guns and prepai'ed for defence. No attack was made. Tht morning was foggy, and, there being no enemy in sight, about ten o'clock Fannin, with several pieces of artillery and about four hundred men, crossed the river and took up the line of march for Victoria. After crossing the Menahuila {may-nah-wliee' -lah) Or&ek, and proceeding about eight miles, a halt was ordered to permit the oxen to graze. 5. The march had been resumed, and the Texans were within two miles of a skirt of timber on the Coleta Creek, when the enemy was discovered in front of them and a little to their left, issuing from a point of timber. While the Texans halted, a body of Mexican cavalry had passed around for the purpose of intercepting their march. The Texan cavalry had been sent forward, and, being now completely separated from the command, were too few in number to cut their way through the enemy's lines and rejoin their com- rades. The Texans halted and made hasty preparations for defence. After some manoeuvring, Urrea ordered a cavalry charge. This was gallantly repulsed by Fannin's artillery. After the retreat of the cavalry the Texan cannon waa turned upon their infantry, which also retired out of range. Another vigorous charge was repulsed, the Mexicans losing heavily. Toward night a company of Campeachy Indians, concealing themselves in high grass, crawled up within rifle- shot of Fannin's camp. The fire from this invisible foe was, for a time, quite destructive; but the Texan sharpshooters succeeded in dislodging them, and, before dark, all firing ceased, the enemy retiring out of reach. Fannin had lost seven killed, seven mortally, and sixty badly wounded. 6. When the fire slackened the Texans improved the time 5. At what point was Fannin's army when the Mexicans appeared in their front! Where was the Texan cavalry? Give the particulars of the battle of Coleta. 6. How did the Texans improve the night? What reinforcements did Urrea r» ceive? Give the particulars of the surrender. MASSACRE AT GOLIAB. 93 in throwing up a temporary breastwork and digging a shal- low trench. Before daylight Urrea received heavy reinforce- ments, iPiCluding a park of artillery. AVithont any adequate protection against the enemy's cannon, destitute of water (for which the wounded, especially, were suffering intensely), situated in a bald prairie, and surrounded by an army five times as large as their own, the T"'exans saw no alternative but to surrender. A white flag was hoisted, and terms of capitulation agreed upon. After nine days' detention, such of Fannin's men as wished to return were to be sent to the United States. The prisoners were marched back to Goliad and confined in the old Mission. 7. Captain "Ward, who expected to join Fannin at Victo- ria, did not reach that place until it was in the possession of the Mexicans. He tried to avoid the enemy, but was dis- covered, and, with eighty men, surrendered as prisoners of war. They, too, were sent to join their companions at Go- liad. 8. Most of these prisoners were from Georgia, and consti- tuted what was known as the " Georgia battalion." The time for their release was at hand, and they were in fine spirits, expecting soon to embark for the United States. While these brave men, on the night of March 26, were sing- ing '^Home, sweet Home," a messenger arrived from Santa Anna with orders for their execution ! This order was too faithfully executed the next morning, Palm Sunday, March 27th. Without warning, the privates, in four columns, were simultaneously marched out in different directions, each one strongly guarded. When at a short distance from the fort, at a given signal, all were halted and shot. The most of them were instantly killed. Some, who were only •y. What became of Ward and his companions ? 8, From what State were most of Fannin's men? Give the particulars of the horrible massacre. How many Texans were slain ? 94 TEXAS NOT YET SUBJUGATED. wounded, were dispatched with sabres, and a few, by feigning death, escaped it. After the privates had been put to death, the officers and the wounded were murdered in the fort. All the bodies were left unburied, though partially burned in a brush fence. Eight physicians and attendants ivere spared; twenty-seven made their escape; three hundred and thirty were slain. Late in the summer General Rusk had the remains of the victims of this massacre collected and honorably interred. SECTION VI. BAKTA ANKA'S NEW ADVAI^CE. — HOUSTOIf RETREATS. — CROSSES THE BRAZOS. — CAMPS AT THE MOUTH OP THE SAN" JACINTO. — SKIRMISHING, APRIL 20tH. 1. After the capture of San Antonio and Goliad, Santa Anna considered Texas subjugated, and intended himself immediately to return home, leaving his generals to re-estab- lish Mexican laws and institutions. Almonte, however, to whom the task of governing Texas Avas to be committed, and Filisola, the military commander, reminded the President that all the Texans yet encountered were recent volunteers from the United States, and that the real strength of the colonists was unimpaired. 2. Feeling the force of these observations, Santa Anna prepared to push three parallel columns into the heart of the country. General Urrea, with seventeen hundred men, was to proceed along the coast to Brazoria and Galveston ; Gen- Sectlon VI.— 1. What did Santa Anna think the capture of San Antonio &i\i Goliad had effected ? 2. How many columns did he determine to push into the interior? Who com- manded the northern division ? The central ? SANTA ANNA'S AD VANCE— HO USTONS RETREA T. 95 eral Gaona, with seven hundred and fifty men, to take the upper route, by Bastrop, to Nacogdoches ; while the central column, of about four thousand, was to advance to Gonzales, San Felipe, and Harrisburg. Next to the commander-in- chief, Filisola was the ranking officer of this division. The troops were put promptly in motion. General Sesma com- manding the advance of the central column. 3. General Houston arrived at Gonzales on the 11th of March, and found about five hundred men in the army, most of whom had been in the campaign of 1835. The same evening news reached the camp of the fall of the Alamo, and the expected advance of Santa Anna. As Houston's force was inadequate to cope with the enemy, he ordered a retreat. This was commenced about midnight, March 12, the fami- lies removing with the army. In the confusion resulting from this hasty evacuation, most of the buildings in town were burned. The Texans reached the Navidad on the 14th, and the Colorado, at Burnham's, on the 17th. When he crossed the Colorado, Houston's army had increased to six hundred men. 4. He descended the river, on the east side, to the old Atas- cosita crossing (Columbus), where he remained until the 2oth. Recruits continued to arrive until he had an army of twelve hundred to fifteen hundred men. On the 26th the Texans took up the line of march for San Felipe. Many of the sol- diers, whose homes were west of the Brazos, then left, to se- cure the safety of their families. Instead of crossing the river at San Felipe, Houston changed his course up the stream, crossed Mill Creek, and camped in the Brazos bottom, oppo- si'ie- Groce's, from the 29th of March until the 12th of April. 3> When did Houston arrive at Gonzales? Retreat from that place? Arrive M the Colorado ? 4. Where was Houston on the 25th ? Where did he camp March 29 ? 96 ATTEMPTS TO BE8I8T SANTA ANNA'S ADVANCE. 5. While Houston was camped at the Colorado, the ad- vance column of the enemy, under Sesma, reached Colum- bus. On the day that Houston crossed Mill Creek, Santa Anna started the bulk of the central column from San An- tonio to follow Sesma. The general himself and his per- sonal staff left the city March 31, and arrived at Columbus on the 5th of April. Leaving the heavy ordnance and most of the infantry to follow, Santa Anna hastened on, and reached San Felipe on the 7th. A small company of deter- mined Texans, under Captain Mosely Baker, disputed the passage of the river, and Santa Anna turned down to seek another crossing. He arrived at Cole's, on the Bernard, on the 9th, rested on the 10th, and sent out a foraging party to the neighboring plantations at Egypt, to procure sup- plies of corn, sugar, bacon, etc.* 6. On the 11th Santa Anna reached Powell's, and ex- pected to arrive at Richmond and surprise the place before daylight on the 12th ; but, being deceived as to the dis- tance, the morning was well advanced before he entered the town. There were two ferries at the " Old Fort," as the place was then called. The upper ferry, kept by Mr. Thompson, was guarded by a company of forty-six men, un- der Captain Martin. When the alarm was given, men were pent to Morton's ferry to sink the boat. But it was too late. A jiegro, having crossed over, gave the boat up to the Mexicans. Captain Martin, unable to repel so large a force, hastened ♦While at Cole's, a nesro prisoner was brought in. Siinta Anna released him a^id told him to go and tell Houston that he (Santa Anna) knew wliere Houston was, up in the bottom, and, as soon as he had cleaned out the land thieves down at out Harrisburg, he would come back and smoke him out. The negro reached Houston when he was at Donaho's, and faithfully delivered Santa Anna's message. 5. When did the Mexican advance reach the Colorado? When did Santa Anna reach San Felipe ? Why did he not cross ? Where was he on the 10th ? 6. Where was he on the 11th? What Texan officer guarded the crossing at Rich- mond ? How did the Mexicans succeed in crossing ? Whose gin-house was burned on the 15th ? When did Santa Anna reach Harrisburg? HOUSTON AT THE MOUTH OF THE SAN JACINTO. 97 up the river to join Houston. On the 15th Santa Anna dined at Stafford's, and obtained a fresh supply of bacon and corn. Before leaving, the gin-house was burned. Late that night the Mexicans reached Harrisburg. 7. On the same days that Santa Anna's party crossed the Brazos at Richmond (April 12 and 13), General Houston crossed at Groce's. The steamboat Yelloivstone was im- pressed to facilitate the crossing of troops, horses, and bag- gage. At Donaho's, on the loth, Houston received a couple of guns.* 8. The Texans made forced marches to intercept the enemy, camping at Roberts's on the night of the 16th, and at Mrs. McCurley's, at Spring Creek, on the 17th, and at Harris- burg on the 18th. Here the sick, the camp baggage, and a small guard were left, while the main army crossed the bayou and hastened on to Lynchburg, reaching their camp, opposite the mouth of the San Jacinto, on the forenoon of the 20th. 9. Santa Anna, after remaining two days at Harrisburg, marched with his advanced column down to New Washing- ton. On the morning of the 20tli he started a small boat, loaded with provisions, up to Lynchburg, where he, perhaps, intended to cross his army and march eastward. The boat fell into the hands of the Texans, and furnished an accept- ttble supply to hungry soldiers. About 9 o'clock in the morning (April 20th), Santa Anna's scouts notified him of the arrival of Houston's army at Lynchburg. This was the ♦These guns had been pent as '^hollow ware,'''' from Cincinnati, and taken from Galveston up to Harrisburg on the schooner " Kosciusko,'''' Captain Burns. The/ were the "Twin Sisters," and, in 18C1, were at Baton Rouge, La. T. Where and on what days did Houston's army cross the Brazos? 8 . Where did the Texans camp on the 16th ? On the 17th ? 18th ? When did Houston's army reach the San Jacinto battle-ground ? 9. Where was Santa Anna on the 20th.? How was he affected when he heard of tlie approach of Houston ? At what time did he reach the battle-ground ? 5 98 SKIRMISHING, APRIL 20TU. first intimation the Mexican commander had that the Tex- ans really intended to meet him in battle. The line of de- fence furnished by the Guadalupe, the Colorado, and the Brazos rivers, had been passed without difficulty, and he be- ll evc-d the Texans would continue their retreat to the Sa- bine. According to the statement of his own officers, when Santa Anna learned the proximity of Houston's army, that veteran general became very much excited, entirely losing his usual presence of mind. The Mexicans were ordered immediately to Lynchburg, a few miles distant. About the middle of the day the Mexican scouts came in sight of the camp of the Texans, and, by the middle of the afternoon, the whole force, with the commander, had arrived and camped within about a mile of the Texans. 10. Toward evening, the artillery of the Mexicans, sup- ported by cavalry, was deployed in front and a little to the right of the Texan camp. The '^ Twin Sisters" were placed in position, and General Sherman, in command of the Texas cavalry, marched out to repeal this threatened attack. The discharge of the Texan cannon, and the gallant charge of Sherman, checked the advance of the enemy. In this ac- tion there were some heroic feats of individual daring. Walter P. Lane being nearly surrounded by a squad of Mexican cavalry, M. B. Lamar dashed over one Mexican horseman, disarmed and dispatched another, and thus se- cured Lane's escape. In this skirmish the Texans had one man wounded, and several horses killed. lOi Give the particulars of the skirmish on the afternoou of April 80. BATTLE OF SAN JACINTO. 99 SECTION VII. BATTLE OF SAN" JACINTO. — BATTLE-CRY OF THE TEXANS. — THEIR CH'ARGE. — TOTAL ROUT OF THE ENEMY. — CAPTURE OF SANTA ANNA. 1. About 9 o'clock on the morning of April 21st, 1836, General Cos arrived at tlie Mexican headquarters with five hundred additional troops, swelling Santa Anna's force to about sixteen hundred men. To meet this army, Gen eral Houston had seven hundred and eighty-three men. Soon after the arrival of Cos, Deaf Smith was dispatched from the Texan camp to burn Vince's bridge, across Sim's Bayou. The whole Mexican army had crossed this bridge, and knew of no other chance of retreat. 2. About 12 o'clocii" m., a council of officers met in the Texas camp. A little after 3 o'clock in the afternoon, the troops were paraded for action. The First Texas Regiment, under Burleson, occupied the centre, having the Mexican breastworks and cannon immediately in front. The Second Regiment, under Sherman, was at Burleson's left ; on his right Avas tlie artillery, commanded by Hockley, supported by four companies of regulars under Millard, and by the cavalry under Lamar. 3. At the sound of the bugle, about 4 o'clock, the whole Texas line shouted the battle-cry, " Rememher the Alamo /" ^'' Rememher Goliad!'^ and rushed impetuously upon the Section VH,— 1, After the arrival of Cos, how many soldiers had Santa Anuaf Uow many had Houston ? Who was sent to burn Vioce's bridge? 2* What took place at Houston's headquarters at 13 o'clock M., April 21? Give the disposition of the Texas troops for the battle. 3. At what hour did the bugle sound the charge? What was the battle-cry of the Texans ? How did the Mexicans receive the charge ? What is said of Castrillon f What became of most of the higher oflScers ? To whom did Almonte surrender ? i'OO THEENEMTROUTED— SANTA ANNA CAPTURED. foe. The Mexicans, at that late hour, were not expecting an attack. Many of them were taking their evening siesta, Santa Anna confessed he was asleep. Only a few, compar- atively, were brought into action. Before their lines were formed, the Texans bad charged over their breastworks, taking their cannon. The Mexicans fled in confusion, leaving their camp and baggage to the victors. With the battle-cry of "The Alamo!" and "Goliad!" ringing in the ears of the Texans, there was a fearful slaughter of the foe as long as there was any show of resistance. A few Mexican officers displayed heroic courage. Among them, General Oastrillou fell, trying in vain to rally his men. Many of the flying Mexicans were overtaken in a marsh in the rear of their camp. Most of their higher officers, including Santa Anna, contrived to escape from the field. Almonte, who was better acquainted with the character of the Americans than the others, collected some two hundred and fifty of the Guerrero battalion, and surrendered them as prisoners of war to General Eusk. 4. Most of the flying Mexicans made their way towards Vince's bridge. A few succeeded in crossing the boggy bayou, but the most of them, when they found the bridge burned, scattered in the prairie, or concealed themselves in clumps of bushes along the bank. Santa Anna spent the night in one of these thickets. Towards morning he left it, and concealed himself in the long grass on the prairie, where, disguised as a private soldier, he was found by a party of Burleson's men who had been sent in pursuit of the fugi- tives. A fine gold button in his shirt induced his captora to suspect that their prisoner was an officer, but they had no idea of his rank until they entered the camp, when the other Mexicans cried out " El PresidenteJ^ 4. In what direction did the Mexicans flee? Where did Santa Anna pa88 th« tiiiiht? By whom was he discovered ? RESULTS OF THE VICTORY. 101 5. The Texans lost eight killed, and (including General Houston, severely wounded in the ankle) twenty-five wound- ed. The loss of the Mexicans was six hundred and thirty killed, two hundred and eight wounded, and seven hundred and thirty prisoners, including the President of Mexico, the boasted Napoleon of the West. The Texans captured all the artillery and camp stores of the enemy, and the military chest containing twelve thousand dollars in specie. The per- sonal property of Santa Anna, and of other officers, was re- stored. The specie and stores were divided equitably among the victors. General Houston had been grievously com- plained of for his Fabrian policy of retreat, but the result of the battle of the 21st fully vindicated his course, and im- mortalized the field of Sak Jacinto. 6. "The victory," says Yoakum, "was physically and morally complete. The blow was given at the proper time, and in a vital part. In looking back upon the events of the campaign, we can see no time when it could have succeeded so well. Providence seemed in every way to favor the re- sult. It was a full retribution for past outrages. Santa Anna had presided over a feast of blood at the Alamo ; he bad ordered a second at Goliad ; and he was made to behold another at San Jacinto." SECTION VIII. KETREAT OF FILTSOLA. — PRESIDENT BURNET. — TREATY WITH SANTA ANNA. — AFFAIRS IN EASTEJIN TEXAS. — TEXAS NAVY. 1. Filisola had just crossed the Brazos at Eichmond, when 6. How many did the Texans lo?e in the battle? What was the Mexican loss? How mnch specie fell into the hands of the victors ? 6* Give Yoakum's reflections on the victory. Section VIII.— 1 * Where was FilisoJa when he heard of the battle ? HoTf 102 FILISOLA'S RETREAT— PRESIDENT B URNET. he heard of the disaster of the 21st. At General Houston's suggestion, Santa Anna wrote a letter to this officer, advis- ing him to fall back across the Colorado and await orders. On the 25th, four days after tlie battle, Gaona's division from Bastrop, and Urrea's from Matagorda, joined Filisola at Pow- elTs, on the Bernard. B^'ilisola then had an army of four thou- sand and seventy-eight men. But his ammunition had been damaged by rain, and he was short of provisions. A coun- cil of officers advised a retreat across the Colorado ; but the prairies were boggy and the waters high, and it was the 9th of May before they succeeded in crossing the river at Colum- bus. At Victoria, on the 14th of May, Filisola was joined by General Andrade, with the troops left at San Antonio. The retreating army reached Goliad on the 26th of May, and during the month of June re-crossed the Rio Grande, leaving no Mexican soldiers in Texas except those held as prisoners of war. 2. President Burnet, at Harrisburg, was busily emploj^ed in putting the machinery of civil government in motion, when the approach of Santa Anna rendered it necessary that he should make provision for the safety of his family, then at his home on San Jacinto Bay. He just escaped being captured at Harrisburg, and at NeAV Washington incurred a still greater hazard. He was placing his family in a little boat for Galveston, when a squad of Mexican cavalry, under Almonte, galloped up. The boat was pushed off and sail hoisted, he standing with his rifle at the stern, ready for de- fence. 3. As soon as the President at Galveston ascertained that many men diil he have on the 25th ? What course did his officers advise ? When did he cross the Colorado? Where and when was he joined by Andrade ? When did he cross the Rio Grai)de ? 2. How was President Burnet employed? How did he escape from Almonte? 3. How did he aid the army? How long was it before he received news of the battle? When did he and his cabinet reach the battle-ground ? TREATY WITH SANTA ANNA. 103 the Texas army was on Buffalo Ba3^on, he, in conjunction with Robert Potter, Secretary of the Navy, loaded some small steamers with supplies, and started them for Lynch- burg. The machinery of one of these vessels got out of order, and another ran aground on Red Fish Bar, so that neither of them arrived at the Texas camp until after the battle. Under the supervision of Colonel A. Huston, of the staff, and Colonel James Morgan, cannon had been brought from the Brazos, and from Matagorda Bay, and Galveston Island fortified for defense. In these days of telegraphs and railroads, it seems incredible that the news of the glorious victory at San Jacinto did not reach Galveston, forty miles distant, for six days! As soon as the President heard of the victory, he started for army headquarters, accompanied by the members of his cabinet then with him. They arrived at Lynchburg, May 1st, and, after a full consultation, entered into an armistice with Santa Anna on the 3d of May. The outlines of a treaty were also agreed upon. 4. General Houston gave up the command of the army on the 5th, that he might visit New Orleans for surgical aid. He was succeeded by General Rusk, Avhile Lamar took Rusk's place as Secretary of War. 5. For better accommodation, on the 8th of May Presi- dent Burnet and cabinet, and Santa Anna with his personal staff, took a steamer for Galveston, and thence to Velasco. At the latter place, on the 14tli of May, a definite treaty was agreed upon with Santa Anna. By this treaty the Mexicans wei*e to evacuate the country, and all prisoners, on both sides, to be released. Santa Anna was to be sent to Vera Crnz, where he pledged himself to use his best endeavors to induce Mex- ico to acknowledge the independence of Texas. 4. Why did Houston resign the command of the army ? WTio succeeded him? 5. To wlmt place did the President remove ? Mention some of the provisions of the treaty with Santa Anna. 104 AFFAIRS IN EASTERN TEXAS— TEXAS NA VT. 6. Though East Texas was not actually invaded, it was known there that Gaona's division had started for JSTacog:- doches. At the latter place were many Mexicans believed to b6 in sympathy witlx Santa Anna, and to cherish a special hatred toward the Americans. Many Indians were also in the neighborhood. These maintained a position of " armed neutrality." It was, moreover, believed that if a reverse should befall the army under Houston, the defenseless in- habitants would become a prey to these semi-barbarous tribes. John A. Quitman, with a small company, arrived at Nacogdoches on the 12th of April, and found the citizens in such a state of alarm that he tendered his company to protect the town and aid families in crossing the Sabine. As the most of these Indians had immigrated from the United States, and were properly under the jurisdiction of that government, General Gaines, then in command at Natchitoches, was preparing to cross the Sabine to overawe them, but the decisive battle at San Jacinto rendered this precaution unnecessary. 7. Among the defensive measures adopted by the Presi- dent was one for the organization of a navy. Three vessels were procured and put in commission: the Invincible, Captain Brown, and the Brutus, Captain Hurd, each mounting eight guns, and the Independence, Captain Hawkins, having eight guns and a nine-pounder pivot. Early in April the Invincible had a two hours' fight with the Montezuma, a Mexican war vessel, in which the lat- ter was disabled and stranded near Brazos Santiago. A few days afterwards Captain Brown captured tlie Pocket, \ vessel laden with stores for the Mexican army, and took her 6. What was the situation in Eft?t Texas? Who offered to protect the citizens of Nacogdoches ? Where were these Indinna from ? 7. How many vessels were procured for a navy ? Mention some of its captures How did these captures aid the army? AN EMBARRASSING QUESTION. 105 into Galveston. It furnislied a very opportune supply for the Texans and their Mexican prisoners. These vessels nearly swept Mexican commerce from the Gulf, and, by cutting off Filisola's supplies, compelled that general to hasten his departure from Texas. 8. During the summer, Major Isaac W. Burton, who had a few soldiers at Copano, succeeded in capturing three Mex- ican transports. From these captures his company received the name of " horse marines." SECTION IX. AIT EMBARRASSING QUESTION".— TREATMENT OF SANTA AN- NA. — DIPLOMATIC RELATIONS WITH THE UNITED STATES. — INAUGURATION OF CONSTITUTIONAL GOVERNMENT. 1. A QUESTION which now seriously disturbed Texas was the proper disposal of the captive President of Mexico. Not a few thought he ouglit to be tried by a drum-head court- martial and shot. Others were in favor of retaining him as a prisoner, to be disposed of as future circumstances might dictate. A few others thought, with President Burnet and the majority of his cabinet, that he should be sent to Vera Cruz, as had been agreed upon in the treaty. In accordance with that agreement, Santa Anna, Almonte, and a few other Mexican officers, were, on the 1st of June, placed on board the Invincible, then lying in the harbor of Yelasco, to be Bent home. He was to be accompanied by Vice-President Zavalla, and Secretary of the Treasury Hardeman, who went as commissioners to negotiate a treaty with the Mexican gov- 8» What name was t^lven to Major Barton's command ? Section IX.— 1. What question seriously agitated the country? What wa« done with Santa Anna on the 1st ol' June ? 106 TREATMENT OF SANTA ANNA— DISSATISFACTION. ernment, and to secure the acknowledgement of Texan independence. 2. When it was known that Santa Anna had been placed on one of the vessels of the navy to be sent liome, a most in- tense excitement was created throughout the country. To add to this excitement, on the 2d of June a large number of volunteers arrived from the United States under Colonel l^homas Jefferson Green. These men, who had heard of the bloody massacres at the Alamo and Goliad, joined in the demand for the disembarkation of Santa Anna and his suite. President Burnet, who was powerless to resist the clamor, finally yielded, and the prisoners were again brought on shore and placed in charge of Major Patton, of the army.* - 3. The Texas army, under General Kusk, followed the retreating Mexicans to the west, to see that they evacuated the country according to the treaty. Large numbers of re- cruits arrived from the United States, and, notwithstanding the discharge of those who had participated in the g'reat battle of San Jacinto, as their terms of service expired, Eusk soon had about two thousand men. The country was desti- tute of resources to support such an army. The soldiers com- plained of the neglect of the government, and especially of President Burnet. This dissatisfaction was so great tliat, at a mass meeting in camp, the President was ordered under arrest. • In his " History of the Government," ad interim. President Burnet saj'S that "from this time forward he neither assumed, or pretended to assume, any con- trol over the prisoners. The military had seized them, and were alone responsible for having subsequently put Santa Anna in irons. The civil government was power- less. The appearance of a strange schooner in the Brazos River induced the belief that an attempt would be made to rescue the prisoner. Hence he was removed, first to Columbia, then to Orizaba, the residence of Dr. Phelps, twelve miles above Colui.ibia, and placed in irons. At the meeting of Congress his irons were removed, and, after the adjournment of that body, General Houston released him and seni him, at his own request, to Washington." 2. Why was he again brought on shore? In whose charge was he placed f 3. How was the army employed? Of what did the soldiers complain? DIPLOMATIC RELATIONS WITS UNITED 8TATE8. 107 I. Fortunately the ojQBcer sent to Velasco did not attempt forcibly to carry out his informal orders. On the other hand, the people complained bitterly of the soldiers, parties of whom, passing through the country without officers to control them, took whatever they needed, sometimes pressing oxen and horses from before the plow, and, in some instances, killing milch cows for beef, or taking the last bushel of corn a family had reserved for seed or for bread. Tlie Presi- dent and his co-laborers in the cabinet did all in their power to supply the wants of the army, to afford protection to the people, and to sustain civil government. 5. The agents sent out by the convention having returned to Texas in May, President Burnet despatched Messrs. Peter W. Grayson and James Collingsworth as envoys to establish diplo- matic relations witli the United States, secure the recognition of Texan independence, and ascertain the practicability of the annexation of Texas to the Union. In return, President Jackson sent Henry M. Morfit as commissioner to Texas, to inquire into the condition, resources, and population of the country, and to report. 6. On the 23d of July, President Burnet issued a procla- mation ordering an election for President, Vice-President, and members of Congress. The people were also to vote on the adoption of the Constitution which had been framed by the cc>uvention in March, and also on the question of annexation. The President had revoked all letters of marque and repri- iBal, and all commissions of officers of the army and navy not m actual service. The unsettled state of Mexico secured Texas from danger from that quarter. Propitious rains had fallen, and, notwithstanding the late planting, the farmers made good crops. 4. Was the Prei?ident arrested ? Of what did the people complain ? 5« What country was the first to establish diplomatic relations with Texas ? 6. When did the President issue his proclamation for an election ? What waa the condition of the country ? 108 CONSTITUTIONAL 00 VERNMENT IN A UQ URA TED. 7. A settlement had been formed by the Parker family, and a fort erected near where Springfield now stands, in Limestone county. On the 19th of May, 1836, this fort was surrounded by about three hundred Comanche Indians. There were thirty-three persons in the fort, but only five able to bear arms. These were all killed. One white woman was wounded; two others, and three children, were taken prisoners. The others escaped, and were six days in the wil- derness without food. 8. At the election, held in September, Sam Houston was elected President, and M. B. Lamar, Vice-President. The Constitution was adopted by an almost unanimous vote, and the vote was equally strong for annexation. 9. Congress met at Columbia on the 3d of October, and, though the Constitution had fixed the second Monday in December for the inauguration of the new government, the President and Vice-President resigned, and, on the 22d of Oc- tober, Generals Houston and Lamar were duly installed in their respective offices. Thus closes our Revolutionary Pe- riod, a period that furnishes the darkest and the brightest page in Texas history. 7, Give the particulars of the fight at Parker's fort. 8, Who was elected President? Vice-President? 9, When and where did Congress meet ? When were the newly elected ofBceri UstaUedf CHBONOLOGIGAL REVIEW QUESTIONS. lOS CHRONOLOGICAL REVIEW QUESTIONS. THIRD PERIOD. When and where did the first fight of onr Revolution take place ? October 8, 1835, at Gonzales. When did the Texan s take Goliad ? October 9, 1835. Date of the battle of Concepcion ? October 28. When did the general consultation meet? November 3. When organize a pro- visional government ? On the 12tli. When was the " grass fight " ? November 26. When did the Texans begin the attack on San Antonio? December 2, and tho ^i^ surrendered December 9. When did Santa Anna arrive at Bexar ? February 22, 1S36. Date of tlie Declaration of Texas Independence ? March 2, 1836. Date of the massacre of the Alamo ? March 6. Of the organization of the government ad interim? March 16. On the same day King's men were killed at Refugio byUrrea. Date of battle of Col eta ? March 17. Of Fannin's massacre ? March 27. Of the Battle of San Jacinto ? April 21. Where and when did the first Congress of Texas meet? At Columbia, October &. »nd the constitational goyernment was organized October 22, 1836. no HOUSTON'S FIRST ADMINISTRATION. PERIOD IV. TEXAS A REPUBLIC. Fecm 1837 TO 1845. SECTION I. HOUSTON" S FIRST ADMINISTRATIOJq". — IN'DEPEN'DEI^CE RECOGNIZED BY THE UNITED STATES. 1. The President, after his inaugural address to Congress, delivered to the Speaker of the House his sword, saying, " It now becomes my duty to make a presentation of this sword, Section I.— 1. Wlio was the first President under the Constitution? Sam Houston. What disposition did Houston make of his sword ? CONGRESS— PUBLIC DEBT— HOMESTEADS. HI the emblem of my past office. I have worn it with some humble pretensions in defense of my country; and should the danger of my country again call for my services, I ex- pect to resume it, and respond to that call, if needful, with my blood and life." 2. He found Congress fully organized, and its committees at work on the subjects recommended by President Burnet at the opening of the session. 'JMie duties devolving upon this body were responsible and arduous, and its members applied themselves to their work with commendable zeal and fidelity. After a three months' session, Congress ad- journed, to meet in the new town of Houston, on Buftalo Bayou. 3. Congress authorized the President to negotiate a loan of $500,000, and provision was also made for the collection of an ad valorem tax, and a small impost duty. The loan was not effected, the President receiving no proposals which he thought advisable to accept. The public debt was esti- mated at $2,000,000. 4. The public domain of Texas constituted its principal resource for paying the revolutionary debt. Liberal grants were made to every soldier in the campaign of 1836. In view of the paucity of population, it was also deemed advisable to continue to grant homesteads to immigrants. Since the breaking out of the revolution in 1835, the land office had been closed. It was believed a great many fraudulent and forged land certificates were in circulation, and it was ex- pected that, as soon as the land office was re-opened, these illegal claims would be presented for titles. Surveys had not been carefully made. Every man located his certificate 2. Upon what was Congress engaged ? To wliat place iid Congress adjourn ? 3. What laws passed to raise a revenue ? 4. What disposition was made of the public land? What is said of fraudulent ^and certificates ? 112 LAND COMMISSIONERS— TREATY NOT FTILFILLED, whereYer he found vacant land that suited him; but, in many instances, an earlier location covered part of the same tract. This produced a conflict in titles. 5. President Houston was very anxious to see a reform in- troduced, and the land surveyed in townships and sections instead of leagues and labors ; but most of the old colonists, who had league claims, opposed this measure, and it was not carried out. To prevent fraudulent locations, Congress ap- pointed a Board of Land Commissioners, and a County Sur- veyor for each county ; the commissioners to see that no titles were issued upon fraudulent certificates, and the sur- veyor to prepare a map of the land surveys, and see that con- flicting patents were not issued. 6. As soon as the news of the battle of San Jacinto reached Mexico, the acting President repudiated the treaty of Santa Anna, and when the liberated chief returned home, he was powerless to secure its fulfilment, even if he had been disposed to do so. Filisola was severely censured by Torn el for his hasty retreat, and was superseded by Urrea. But Mexico was in the throes of another revolution, and Urrea, a republican, could not be entrusted with so important and comparatively independent a command. He was superseded by Bravo. The latter general, however, found employme»nt near the capital, in watching the movements of the new re- publican leader Moctezuma, and Filisola was restored to his old command. 7. Early in 1837, Filisola had collected about five thousand men between Matamoras and San Luis Potosi, and was pre- paring for a spring campaign in Texas. Bustemente, after 5. What change did the President desire in the land surveys ? What steps were taken to detect fraudulent claims? 6. How was Santa Amm's treaty regarded in Mexico ? What prevented Mexico from again invading Texas ? 7. How many men had Filisola on the Eio Grande in 1837? What again saved Texas from invasion ? TEXAS INDEPENDENCE ACKNO WLEDGED. 113 his inauguration as President, assured the troops, in the neighborhood of the capital, that they woukl soon have an opportunity to enter Texas and wipe out the disgrace which tlie San Jacinto campaign had brought upon the national arms. But, fortunately for Texas, the revolution under Moc- tezunia furnished ample employment at home for the Mexi- can army, and Texas escaped invasion. 8. The independence of Texas was acknowledged by the United States, March 2, 1837, one year after its declaration. One of the last official acts of President Jackson was to sign the Texas bill. During the year 1838, commercial treaties were formed with France and Great Britain, though the lat- ter government insisted upon regarding Texas as a province of Mexico. 9. The government possessing but very inadequate means to support an army in the field, and the President believing there was no immediate danger of an invasion, issued an or- der permitting the soldiers to return to their homes on fur- lough, and thus the army was virtually disbanded. 10. After the battle of San Jacinto, the schooner Liberty was despatched to New Orleans. After remaining at anchor for some time in the Mississippi Eiver, she was sold to defray her expenses. When President Houston was inaugurated, the schooners Invincible and Brutus were in New York, detained for want of funds. Henry Swartwout, then col- lector of customs in that city, generously stepped forward and furnished means to relieve these vessels and equip them for a voyage. Captain H. L. Thompson was placed in com- mand of the Invincible^ and Captain J. D. Baylor, of the Brutus. 8. What, nation first recognized the independence of Texas ? With what nations were treaties' formed ? 9. How did the President dispone of the army ? 10. What became of the schooner Liberty T Who furnished the means to equip i'iyQ Invincible Siudi t\xQ Bndus f Name the captaius. 114 VESSELS OF THE NA VT. 11. Both vessels left New York in April, 1837. Arriving ill the Gulf, the Invincible captured the Mexican schooner AUspa, and the Brutus the schooner Telegraph. After a cruise of some three months along the Mexican coast, making various landings and occasional captures, the two vessels arrived at Galveston Bar, August 25, being pursued by two Mexican brigs. The Brutus succeeded in entering the harbor, but the Invincible was wrecked on the Bar, the crev/ escaping to the island. The Brutus was lost in a gale in Galveston harbor, October 6, 1837. 12. On the 17th of April, the schooner Independence, commanded by Captain Wheelwright, sailing from New Or- leans with a crew of thirty-one men and about one hundred passengers, was overhauled near Velasco by a Mexican brig, and, after a severe action, in which Captain Wheelwright was wounded, his vessel was captured and taken to Mata- moras. At the close of 1837 there was but one vessel, the receiving ship Potomac, in commission. On tlie 13th of November, 1838, under a law of Congress and the instruc- tion of President Houston, S. M. Williams contracted with Frederick Dawson, of Baltimore, for one ship, two brigs, Jind three schooners, fbr a new navy. 13. It is difficult to ascertain the precise number of In dians in Texas at this time. Mr. Morfit, in his report to Secretary Forsyth, in the fall of 1836, estimated the whole number at fourteen thousand two hundred, as follows : Wa- coes, four hundred ; Tehuacanas, two hundred ; Tonka- was, eight hundred ; Coshatties, three hundred and fifty ; Alabamas, two hundred and fifty; Comanches, two thou- 11. When did these vessels leave New York? What became of the 7nri/wriWe,? Of the Bnitus? 12. How was the Lidependerice lo^t ? Who entered into a contract to furnish Vessels for a new navy ? 13. How many Indians were then in the State ? DIFFICULTIES WITH THE INDIANS. Ho Band; Caddoes, five hundred; Lipans, nine hundred; small bands eight hundred; to which add the Oherokeesand theii twelve associate bands, eight thousand. 14. President Houston's well-known pacific policy toward the Indians served to keep most of them quiet during his administration. But the opening of the land office, and ap- pearance of the surveyors marking off the land, arous(jd the hostility of some frontier tribes. On the 7th of Jan- uary, 1837, fourteen rangers encountered, in the upper part of Robertson's Colony, a body of hostile savages. After a severe fight, in which the Texans had two killed, the rangers were compelled to retreat. In May following, a still larger band entered the same colony, and came in sight of Nashville. This party killed five Americans on Little River, and captured their wagon. 15. In October, 1837, Lieutenant Van Benthuysen, with eighteen men, left Fort Smitii, on Little River, for a scout. When far above the settlements on the waters of the Trinity, this company encountered a considerable force of Wacoes and Towash. After a severe fight, in which the Texans lost one lieutenant and nine privates killed, and as many wound- ed, they retired toward the settlements. 16. The next year, the Kickapoos becoming troublesome, General Rusk collected some yolunteers, and destroyed their village, killing eleven Indians, and having a few of his men wounded. Near San Antonio two surveyors were killed ; and a party of thirteen whites that followed the Indians were drawn into an ambuscade, and all but one either killed or wounded. Those who ventured at that time out upon the frontier, did so at the peril of their lives and property. 14. What was Honstoii's Indian policy? Wliat exapperattd the Indians ? Give the result of the figlit, January 7, 1837. What depredations were committed in May! 15. Give the particulars of Van Benthuysen's fight. 10. Who chastised the Kickapoos ? 116 LAMAB'S ADMINISTRATION. 17. Congress effected a radical change in" the judicial de- partment, substituting the English for the Spanish systen of jurisprudence. The Eepublic was divided into four judicial districts. One chief justice was appointed, and the district judges acted as associate justices of the supreme court. These judges were elected by joint ballot of both houses of Congress, and held their office for four years. Provision was also made for tlie organization of county and magistrates' courts, and a system of laws passed similar to those in the United States. 18. By a provision of the constitution, the first President was to hold his office but two years. After the first, tiie Presidential term was three years. 19. At the election held September 3d, 1838, Mirabeau B. Lamar was elected President, and David G. Burnet, Vice- President. SECTION II. LAMAR'S ADMINISTRATION. — AUSTIN MADE THE CAPITAL.— THE INDIANS. — SANTA FE EXPEDITION. 1. The new President was inaugurated in the presence of Congress, at Houston, December 10th, 1838. The administra- tion opened most auspiciously. Immigration continued ; new settlements were formed; schools and churches were estab- lished ; and there was a rapid growth of commerce in the various seaports. 2. By an Act of Congress, of January 14th, 1839, commis- sioners were appointed to locate a new seat of government. 1 7. What change was effected in the judiciary department f 1 8. What was to be the ltMi!,'th of the Presidential terra? 19. Wlio was elected President ? Section II.— 1. Who was the second President? Mirabeau B. Lamar. How did ihe administration open ? 2. What act passed Congress, January 14, 1837 ? Where was the capital located ! LAMAB'S POLICY TOWARD THE mDIAJSfS. n: They selected the village of Waterloo, on the east bank of the Colorado, then in Bastrop county. The new city received the name of Austin. 3. In 1840 France and Belgium recognized the indepen- dence of Texas. 4 Early in 1839, Mr. Dawson delivered to the government the schooners San Jaciiiio, San Antonio, San Bernard, and the brig Colorado, and, latev in the yejir, the sloop Austin, and the brig Dolphi7i. General James Hamilton purchased the steamship Zavalla. The Potomac was still used as a re- ceiving shii).* 5. The policy of President Lamar toward the Indians was very different from that of his predecessor. He desired the expulsion of all Indian tribes. In his inaugural mes- sage he said that, "^ the sword should mark the boundaries of the Republic.^' An official report made to him, estimat- * There was a floating population on the frontier of Texas, ready for new ad- ventures, and, in 1839, an army was organized for establishing tli« Republic of the Rio Grande Among the American leaders of this enterprise wi-re Colonels S.W. Jordan, Reuben Ross, and William S. Fisher. The Mexican commanders were Col- onels Canalis, Gonzales, Zapata, and Juan N. Seguin. The Republicans left Lipantitlan, September 20th, 1889, crossed the Rio Grande on the 30th, and taking possession of Guerrero on the 1st of October, marched to Mier the next (lay. On the 3d, at Alcantara, they gained a decisive victory over Parbon, the Centralist commander. In December, an ineffectnal attempt was made to gaiu possession of Matamoras. When Canalis retreated from the city, the Texans left. A new organization was eft'ccted at Guerrero in January, 1840 ; and at Moralis, on the 15th ot March, the Republicans were badly defeated by the Centralists under Arista. They a-jain rallied and reorganized at San Patricio, about the 1st of June, and crossed the Rio Grande at Laredo. Near Saltillo, on the 23d of October, they encountered Vasquez, with about one thousand soldiers. The Republicans had three hundred and thirty-five. Early in the action, Lopez and Molano. two Mexican offi- cers, deserted to the Centralists. For some time the Texans, with a few Mexican rancheros, maintained the bloody conflict, losing five killed and seven wonnded. Vasquez lost about (our hundred. Soon after this fiLdir, the Texans returned to their homes, and Canalis surrendered to Arista, stipulating, however, for the safety of his companions in arms. Thus ended the Republic of the Rio Grande, an enterprise which, though unauthorized by the Texas government, served for the time to keep the Centralists employed on the south side of the Rio Grande. 3. When did France and Belgium recognize the independence of Texas ? 4. What vessels did Mr. Dawson deliver to the government? Who procured the Zavalla? 6. How did Lamar's Indian policy differ from Houston's ? Give the numbei. of tvarriors of the principal Indian tribes. lis CORDOVA AND HIS PARTY. ed the number of warriors belonging to Texas Indians, as follows: East Texas, eighteen hundred ; on the waters of the Trinity and Wichita Rivers, fifteen hundred. (The Santa Fe expedition passed through the villages of some of these tribes. Kendall says the Wacoes had large fields in cultiva- tion in corn, beans, etc., possessed large herds of cattle, and had comfortable houses, supplied with rude furniture. ) The number of warriors of the Oomanches and Apaches was estimated by the same report at sixteen hundred, probably over their actual number. 6. Among the old Mexican families in the neighborhood of Nacogdoches, a few were dissatisfied with the government of Texas. Cordova, the leader of this party, fled to the Rio Grande, and was employed by Filisola to visit the prairie Indians on the head waters of the Colorado and Brazos, and induce them to make war upon the Americans. In Febru- ary, 1839, Canalizo, who had succeeded Filisola in command at Matamoras, sent Manuel Flores (another dissatisfied Mexican) to Cordova, with instructions to treat with the various Indian tribes, and excite them to hostility against Texas. 7. The Texan s having heard of Cordova's movements in March, Burleson raised a company and started in pursuit He found Cordova's party on the Guadalupe River, attacked him, and killed a number of his men. After this fight Cordova left his usual haunts, and Flores failed to find him. As the latter was passing the Colorado near where Austin now stands, he was overtaken by a company of rangers under Lieutenant James 0. Rice. Flores and two other Mexicans were killed, and Canalizo's instructions to Cordova captured. 6. What is said of some of the Mexicans at Nacogdoches ? For what purpose waa Cordova employed by Filisola ? 7. What Texas officer pursued Cordova ? Where was he found f Who defeated Flores* EFFORTS TO BEMOVE THE INDIAN. 119 8. In these despatches, the Iiitlians were exhorted " not to cease to harass the Texans, to burn their habitations, and lay waste their fields" ; and the Indians were told to expect nothing of these greedy adventurers for land, " who wish even to deprive them of the sun that vivifies them, and who would not cease to injure them while grass grows and water runs." The killins^ of Flores and the defeat of Cordova broke up the proposed alliance between the prairie Indians and the Mexicans. 9. President Lamar believed the Cherokees and their as- sociate bands in East Texas were intruders, and that their presence obstructed the settlement of that portion of the Republic. They were accused of committing depredations and murders, and of being in league with the party of Cor- dova. Their removal became an object of jn'ime importance, and the President sent Vice-President Burnet, and the Sec- retary, of AVar, General A. S. Johnston, to make a treaty with them, purchase whatever improvements they had made, and induce them to return to the territory of the United States. Anticipating that the Indians might decline to re- move, three regiments of troops had been sent to their im- mediate neighborhood, under Colonels Burleson, Rusk, and Landrum, all under the command of Brigadier-General Douglass. After vain attempts to induce the Indians to ^eave, all negotiations were broken off, July loth, 1839, when General Douglass gave orders for an attack. The Indiana abandoned the main Cherokee village, on the Angelina River, and made a stand at a point of a hill well suited for defense. 10. After a severe engagement, in which the Texans lost S. How long were ttie Indians exhorted to harass the Texans ? 9. How did the presence of the Cherokee? affect East Texas ? What steps did the President take to secure their removal ? How many regiments were collected in the neighborhood ? When were negotiations broken off? 1 0. How many Texan< were killed in the first day's fight ? How many Indians t Give the particulars of the second day's fight. 120 GHER0KEE8 LEA VE TEXAS— THE COMANCUES. tliretj killed and five wounded, and the Indians had eighteen killed, the latter retreated. The next morning they were oyertaken within half a mile of the Neches Kivei, strongly posted in a ravine. After some skirmishing, the Texans charged their camp. The battle lasted an hour and a half, when the Indians again retreated in disorder, having lost about one hundred killed and wounded. Among the killed was the famous Cherokee chief, Bowles. The loss of tlie Texans was five killed and seventeen wounded. After this fight the Indians abandoned I'exas, leaving their fine lands in possession of the whites.* 11. In the spring of 1839, a Mr. Webster, who had lo- cated his head-right upon the North Gabriel, started from the Colorado with fourteen men, his wife and three children, and a negro woman, to form a settlement on his land. When he arrived at the place where he designed erecting liia house, he found it occupied by an Indian encampment. He hastily retreated to Brushy Creek. At sunrise, the next morning, he was surrounded by a party of Comanches. Webster and his companions drew up their wagons so as to form a square for protection. They were charged by the Indians and all were killed, except Mrs. Webster, two of her children, and the negro woman, avIio were taken prisoners. 12. Early in 1840 a party of Comanches visited San An- tonio, and proposed to make a treaty. They were told to Kiturn to their tribe, bring in all their prisoners, and the whites would gUidly make peace. On the 19th of March, sixty-five Indians returned, including some women and • Some of these Indians must have returned to the frontier of Tesas, as on Christmas day, 1839, Burleson had a fi^'ht with a party of them on Chcroliee Creek, Ban Saba county, Icilling six and capturing five women and childreii, ir eluding the family of Bowles. 11, Give the particulars of the killing of Webster and his party. 12. For what purpose did the Comanches visit San Antonio ? A BLOODY CONTEST— INDIAN INVASION 121 children, bringing, however, but one prisoner, although the\ were known to have several others. 13. Twelve chiefs entered the city court-room, used as a council house. With a view, perhaps, of intimidatiug the Indians, and induciug them to bring in the other captives, Captain Thomas B. Howard was ordered to surround the house with his company of rangers. The chiefs, still de- clining to bring in their captives, were told that they were prisoners, and would be held as hostages until the whitea in their possession were delivered up. The chiefs instantly drew their bows and knives, and a bloody hand-to-hand fight ensued. The men, and even the women in the yard, fought desperately until all the warriors (thirty-two in num- ber), three women and two children, were killed, and twenty- seven women and children were made prisoners. The Texans lost seven killed and eight wounded.* 14. During the summer the Comanches made a serious invasion into the settlements. On the night of August 4, 1840, about four hundred warriors crossed Plum Creek, in Caldwell County, and reached Victoria on the 6th. After committing some depredations they proceeded to Linnville, on Lavaca Bay. They burned this place on the morning of the 8th, while most of the male population were absent.- A few, including three families, escaped by going on board a ♦Among the captives which the Comanche? were reservinp:, perhaps for a Iar£;e ransom, were Mrs. Welister and two of her children. She once made lieri* cape, and liad reached the neighborhood of Au^^tin, whfn she was rccaplured by a band of Caddoes, and talien back lo lier Comanche masters. She was with tlie blind that visited San Antonio when the above fight took place, and with a young child escaped from the Indians, leaving, however, a little boy, who was afterwarda recovered. She and her child nearly perished for water, and she had almost given np in despair, when the cry in ir of lier child induced her to make one more efliort. Water was found, and soon afterwards she discovered a trail which led into San An- tonio. 13. Give the particulars of the fight in the council house. How many Indiana were killed ? How many Texans ? 14. What Indians descended to the coast in 1840 ? What towns were bunnjd bj them ? 6 122 BATTLES AND SKIRMISHES WITH THE INDIANS. email vessel lying in the bay. Major Watts, the collector of customs, was killed, and Mrs. Watts taken prisoner. 15. The Indians hastily retreated. They had killed some twenty-one persons at Victoria and Linnville. As soon as the news of this raid reached Austin, Dr. Archer, Secretary of War, sent couriers down the Colorado, ordering ont the militia. But so improbable was the report deemed that, after Colonel J. B. Robertson had collected several hundred men at Lagrange, they were permitted to disperse, under the impression that it was a false alarm. Other companies, how- ever, ascertaining the truth, hastened to intercept the sav- ages. Captain Ben McCulloch was the first to overtake them at the Casca Blanca Creek, about fifteen miles from Victoria. He was joined by Clarke L. Owen, with a com- pany from Texan a. The Texan force was increased by the arrival of the companies of Burleson, Caldwell, Bird, Ward, Jones, Wallace, and Hardeman, the whole under the com- mand of General Felix Huston. 16. On the morning of the 12th of August, just after the Indians had left their camp on Plum Creek, they were sur- prised by thv3 Texan s, and instantly formed in line of battle, sending their pack-mules in advance. The Texans charged with such valor and determination that the Indians were everywhere routed. Finding they could not carry ofi" Mrs. Watts, they shot an arrow into her breast and left her to die, but, fortunately, she recovered. Mrs. Crosby, however, another ^emale captive, wan killed. The Indians lost from fifty to eighty in killed and wounded, and left a l:*rge share of their booty, and most of their horses, in the hands of the Texans. 15, Before commencing their retreat, how many persons had the Indians killed f Whose company first intercepted them? What other companies soon joined McCulloch ? Who commanded the Texans ? 16. Give the particulars of the battle of Plum Creek. How many Indians wer« killed and wounded ? THE INDIANS CHASTISED— SANTA FE EXPEDITION 123 17. In October following, Colonel John H. Moore, with ninety Texans and twelve Lipans, while scouting on tlie head waters of the Colorado, came across a party of Coman- ches and captured their village. About one Imndred and twenty Indians were killed, the village destroyed, and thirty- four prisoners and a number of horses captured. In this village the Texans found goods that had been taken from Linnville the previous summer. 18. Besides the battles mentioned, there were many skir- mishes. On the 3d of January, 1839, the house of Mr. Mar- lin, near the Falls of the Brazos, was attacked. The Indians were repulsed and driven oif. A party of whites pursued and fell into an ambuscade ; ten of their number were killed, and seventeen wounded. Colonels Burleson, Moore, and Hays had frequent skirmishes, generally chastising the sav- ages. Colonel Hays, on the 17th of April, 1841, in a fight near Laredo, captured Captain Ignacio Garcia and twenty- five Mexican raiders. 19. Though Texas laid claim to the territory of New Mex- ico lying east of the Eio Grande, no effort had ever been made to extend the laws of the republic over that distant region. Between Santa Fe and St. Louis a lucrative trade was springing up, which the Texans were anxious to divert to their own Gulf ports. The Santa Fe expedition was or- ganized in the spring of 1841, to open a communication with New Mexico. General Hugh McLcod was appointed commander. The expedition included two hundred and seventy soldiers, and about fifty traders, adventurers, and teamsters. 20. The cavalcade started from Brushy on the 20th of 17. Give the incidents of Moore's fight on the Colorado. 1 S« When was Mr. Marlin's hou?e attacked ? 19. What territory did Texas claim on the upper Rio Grande ? For what purpoae was the Santa F6 expedition organized ? Who commanded it f 20. When did it start ? What difficulties were encountered ? 124 ILL SUCCESS OF THE SANTA Fil EXPEDITION. June, 1841. Many difficulties were encountered, and delaya occurred from the yery start. Tlie gnides were not well ac- quainted with the route, and, after wandering about for some time, finally mistook the Wichita for Eed River, aud became bewildered in the Wichita mountains. Provisions gave out, water was scarce, and the Indians troublesome, oc- casionally stampeding their horses, and picking off strag- glers. 21. On the 11th of August Messrs. Howland, Diiker, and Rosenberg were sent forward to procure supplies. They were taken prisoners by the Mexicans, and two of them sub- sequently shot for attempting, as was alleged, to make their escape. On the 10th of September the advance party reached the settlement of Anton Chico, on the Galinas, a tributary of the Rio Grande. Here a supply of provisions was obtained. On the 14th Captain Lewis, with Kendall, Van Ness, and some others, started for San Miguel. They had heard that the first party sent forward had been arrested, but did not doubt that when the authorities were assured of the pacific objects of the expedition, they would be favorably received. In this they were disappointed. 22. The second party shared the fate of the first, and even Kendall, who had a passport from the Mexican Consul at New Orleans, fared no better than the rest. All were dis- armed and thrown into prison. Colonel Cooke, not knowing the fate of Kendall and his companions, also started for San Miguel. When near the village of Anton Chico, Cooke found himself suddenly surrounded by about five hundred Mexican soldiers under an officer named Salezar. As Cooke saw Captain Lewis in the company, he supposed all was 21. What occmred August 11 ? How were Howland and his companion!* treated bv the Mexican!* ? When did the advance party reach Anton Chico y 22. What became of the second party sent forward ? How was Colonel Cooke cai)lu"ed » ITS FAILURE— SUFFERINGS OF PRISONERS. 125 riglil until he was invited to give np his arms, as he was as- sured all traders were required to do before entering Santa Fe. Then, when too late to escape, he discovered that Cap- tain Lewis was a traitor, and that he and his men had been betrayed ! 23. General McLeod and his party were still at the Laguna Colorado, some thirty or forty miles distant. Here he was met by Governor Armijo and a Mexican army. McLeod liad but a few men fit for service; their horses had nearly all perished, or been stolen by the Indians ; many of the soldiers had thrown away their guns, being too weak to carry them ; and, under the promise of good treatment, the Texans surrendered as prisoners. These unfortunate men, after being disarmed and plundered, were tied in companies of four and six, and marched first to San Miguel, then to Santa Fe, and finally to the city of Mexico, and confined in the prisons of St. Jago, Puebla, and Perote, where they lan- guished for nearly two years. In the spring of 1842 the most of them were released, though Seiior Navarro was con- fined in the castle of San Juan de Ulloa until the revolution of 1844, when he, too, was set at liberty.* 24. Financially, the administration of Lamar was not a success, though his most bitter opponents never accused either the President, or the members of liis cabinet, of dis- honesty. The public credit was low when he commenced his administration, and continued rapidly to decline. The currency of the country (called red hacks, fi-om the color of * Kendall assii^ned several reasons for the failure of the Santa F6 expedition. 1st. It started too late in the season. 2d. There was an insufficient supply of food, and of teams to haul mercliandisc. 3d. They failed to get the Lipan Indians for guides. 4th. The distance was mucli greater than it was thou<;lit to be. 5th. The Indians were troublesome. 6th. Arriving there, divided and dispirited, tiiey were the victims oltieason. 23. Where was McLeod with the main army? Why did he surrender ? How jpere they treated '; 24. In what condition was the public credit ? 126 NATIONAL FINANCES— HOUSTON S SECOND TERM. the paper upon which it Avas printed) was, at the close of the presidential term, hardly worth ten cents on tlie dollar. Numerous military campaigns had interrupted the indus- trial pursuits of the people and interfered with commerce, Nominally, the expenditure for the year 1841 amounted to $1,176,288. It is true this was in currency, but the receipts, also in currency, had fallen off nearly fifty per cent, in one year, showing that the finances of the country were in a de- plorable condition. 25. The public debt, at the close of 1841, was not accu- rately known, but it was supposed to amount to about eight million dollars. Part of this debt was created during the revolution in 1836, a part of it was due for the new naval vessels, and it had been largely increaKsed in fitting out the Santa Fe expedition. SECTION III. Houston's second administration. — raids of vasquez and woll. — rexmoval of seat of government. — the mier expedition. — the navy. — regulators and mod- ERATORS. 1. At the election held in 1841 Sam Houston was elected President, and Edward Burleson, Vice-President. The in- auguration took place December 13th. President Houston enforced a rigid economy, dispensing with all unnecessary officers, and usiug all practicable means to improve the na- tional credit. Congress, however, failed to provide for the close collection of the taxes, and most of the goods con- 25. What was the amonnt of the public debt ? Section III,— 1. Who was elected President in 1841 ? What steps did Houston take to improve the finances ? RAIDS OF VASqUEZ AND WOLL. 137 sumed in the eastern part of the State were smuggled acrosa the Sabine. The currency, however, gradually improved. 2. To keep up the shadow of a claim upon Texas, the Mexican Government sent small military parties into the country, though with no intention or expectation of perma- nent occupancy. Early in 1842, General Vasquez, with about seven hundred men, paid a hasty visit to San Anto- nio, reaching that city on the 7th of March. Colonel Hays, with his company of rangers, retired to the Guadalupe River. Vasquez, after a short stay in tliat city, in which he remod- elled the city government, appointing alcaldes and other Mexican officers, returned again to the Rio Grande, taking with liim such citizens as chose to leave. About the same time Refugio and Goliad were temporarily occupied by small parties of Mexicans. 3. In September a still more formidable invasion took place under General Adrian Woll, who entered San Antonio with about two thousand men. The District Court was in session at the time, and so complete was the surprise, that Woll captured Judge Hutchinson, and a number of members of the court. On the Guadalupe River, Colonels Hays and Caldwell collected troops to meet the invaders. Woll vSent out a party towards Cibolo Creek. The Texans, under Cald- well, met this force on the Salado, six miles from San Anto- nio. A severe battle was fought, in which the Mexicans were defeated, losing some sixty killed and as many wound- ed. The Texans had one killed and nine wounded. After the fight the Mexicans retreated to the city. 4. The Mexicans, in returning to San Antonio, fell in 2. For what purpose did Mexico fend parties of soldiers into Texas? Who en- tcrec' San Antonio early in 1841 ? 3. What Mexican general took possession of San Antonio in September t Which party was defecated in the battle of Salado ? 4. Give the particulars of Dawson's defeat. 128 SEA T OF GO VEliNMENT REMO VED. witli Captain Dawson's company of fifty-three men, from Fayette County. After severe figliting, tlie Texans, finding fcliemselves surrounded by overwhelming numbers, hoisted a white flag. It was fired upon. They then renewed the fight with desperate valor. Thirty-six of them were left dead upon the field. A few escaped, and the lives of a few who surrendered were spared. After this fight, Woll imme- diately commenced his retreat, and soon re-crossed the Eio Grande. 5. Immediately after tlieVasquez raid, President Hous- ton, with the ofiicers of his cabinet, removed to the city of Houston. Soon afterward he issued a proclamation con- vening Congress in extra session, at that place, on the 27th of June.* 6. In the fall the President convened Congress in extra session at Washington. A number of the members from the West refused to go to the place designated, and it was some weeks before a quorum was obtained. 7. Many in Texas were anxious to invade Mexico in rettil- iation for the raids of Vasquez and Woll. Several squads of soldiers made their w^ay to San Antonio with a view of or- ganizing for a march across the Kio Grande. These soldiers generally desired that Vice-President Burleson should lead them, but President Houston appointed General Alexander Somervell to the command. He was late in arriving at headquarters, and rather tardy in his movements. This in- creased the dissatisfaction, and many abandoned the army. *The citizens of Austin, exasperated at this abandonment of their city, or- ganized a military company and an archive committee. The books and papers bft longing to the various offices were seized, placed in boxes, and securely guarded. The Commissioner of the General Land Office had access to the papers of his depart- ment, and during this period some business was transacted in that office. 5, To what place did the President and cabinet remove? 6, Where did Congress convene in the fall ? y. Why did the Texans wish to invade Mexico ? Who was appointed "om mander? MOVEMENTS FOR THE INVASION OF MEXICO. 129 Somervell left the Medina for the Rio Grande on the 25th of November, 1842. For some reasons, never properly ex- plained, he deflected from the main route of travel, and soon found himself in flat, boggy prairies, in which it was almost impossible to proceed. 8. He reached Laredo on the 8th of December, and took possession of the place without opposition. After a few days' rest, the army was again in motion ; but instead of crossing into Mexico, turned down tlie river on the Texas side. A night was spent in a dense thicket. To test the fidelity of the troops, the general required them all to obligate them- selves to obey orders. Out of seven hundred men, five hun- dred agreed to the obligation, and the other two hundred v^ere permitted to return to their homes under the command of Colonel Bennett. 9. Somervell then marched down the river to a point op- posite Guerrero, wlien Colonel Hays, with his company, crossed into Mexico. On the morning of December 16th the whole army crossed, and took possession of the town. Colonel Canalis withdrawing on the approach of the Texans. The next day Somervell's army re-crossed the river into Texas, and on the 19th, to the astonishment of the troops, an order was issued for them to return to the Nueces River, where they would be disbanded. About two hundred of tlie men returned with Somervell, while three hundred remained on the Rio Grande, and reorganized by electing Colonel \Villiam S. Fisher to tlie command. Mier was selected as the point of attack. Boats were secured, a portion of the troops embarked and descended under the command ot 8. When did Somervell reach Laredo ? How did he test the fidelity of his troops ^ How many lef c ? 9. To what point did he then march? What order was issied December 19? How many relumed ? Who was elected to command those who rsiaa^acd? What town did Fisher prepare to take ? 6* 130 TEXAN8 ENTER MIER—SURRENI^ER TO AMPUBIA, Thomas J. Green, while Colonel Fisher, with the main body; marched down the river. 10. On the 21st of December a small detachment of Tex- ans entered the town, and made a demand for provisions and clothing, taking the alcalde as a hostage until the supplies should be furnished. The Texans waited three days in camp on the river for their stores. In the meantime General Am- pudia, with an army of twenty-two hundred men, had en- tered the place, and of coarse would not permit supplies to be furnislied the Texans. Colonel Fisher prepared to ad- vance. The hostile armies met on the Alcantra Creek, a short distance from the city. A severe fight ensued, in which the Mexicans were worsted, and in the darkness re- treated to the town. The fight continued during the night of the 25th, the Texans steadily advancing toward the main plaza. 11. About noon, on the 26th, Ampudia hoisted a white flag for a parley. In the fight the Texans had lost sixteen killed and twenty-five wounded. Among the latter was Colonel Fisher, who was weak from the loss of blood. The Mexican loss was much greater. Still, Ampudia had a vastly superior force to the Texans. The white flag was a success- ful ruse upon the part of the Mexicans. Colonel Fisher, hav- ing been severely wounded, was unable to command longer, and perhaps thought it best to surrender ; but before any general understanding was had among the Texans, a few in- dividuals, and then squads of four and five, under promise of good treatment, marched over to the Mexican lines, and laid down their arms. This process Avent on until the few who were left had no alternative but to surrender as prison- 10. What demand wa^ made ? What Mexican general entered the town ? Giv« the particulars of the fight on Christmas day. 11. Who hoisted the white flag ? Which party had sustained the greatest loss ! What was the effect of l.oisting the white flag? How were the priiioners treated? FATE OF THE PEISONEES. 131 ers of war. They did so under the promise from Ampudia that they should remain on the Rio Grande. But those able to travel were immediately started on foot for the city of Mexico. 12. At Salado, one hundred miles south of Saltillo, on the 11th of February, 1843, the main body of these prisonera rose upon the guard and made their escape. The men, how- ever, failed to act in concert, and, instead of remaining to- gether and hurrying back to the Rio Grande, separated into small squads aiid straggled off into the mountains, where, after suffering incredible hardships from thirst and hunger, the most of them were recaptured and taken back to Salado. Here, on the 24th of March, by order of Santa Anna, every tenth man was shot. There were one hundred and seventy- six of them. One hundred and fifty-nine white beans and seventeen black ones were placed in a box, and the men marched up and ordered to draw. Those drawing the black beans were immediately shot. The survivors were taken to Perote and other Mexican prisons. A few died ; occasion- ally one made his escape, and a few others were released at the solicitation of friends. Finally, on the 16th of Septem- ber, 1844, just after the death of his wife, Santa Anna or- dered them all set at liberty. The number released was one hundred and four. 13. In 1841 the Texas navy was in the service of the revo- lutionary government of Yucatan, but that government hav- ing failed to furnish the necessary funds to keep the vessels in commission, the most of them repaired to New Orleans. Here Commodore Moore expended considerable sums in re- fitting them and getting ready for a cruise. In August, 1842, the schooner San Antonio was dispatched to Yuca- 12, What took place at Salado? Did they succeed in reaching Texas ? Hov many were shot at Salado ? What became of the survivor:^ ? 1 3. How was the navy employed in 1841 ? What became of the San Antonio ? 132 THE NAVT. tan for supplies. She was lost in a storm, and all on boara perished. 14. The spring of 1842 passed away, and the navy still re- mained idle. President Houston expected the vessels would sail, in July, to the coast of Mexico, to enforce a blockade. As Commodore Moore failed to get to sea, he was ordered to bring his ships to Galveston, and to report in person to tho Secretary of the Navy, at Washington. The commodore, however, alleged that he had expended his private means in refitting the ships, and declined either to bring them to Gal- veston or to report in person at Washington. 15. In January, 1843, Congress secretly passed an act for the sale of the navy, and President Houston immediately sent two commissioners to seize the vessels and sell them. The commodore declined to deliver them up, but agreed to sail for Galveston, taking Colonel Morgan, one of the com- missioners, on board. When the ships Wliartoii and Austin arrived at the mouth of the Mississippi, they re- ceived such information as induced Colonel Morgan to as- sent to a change of course and a cruise on the coast of Yu- catan. As soon as this was known to President Houston, he issued a proclamation suspending Commodore Moore from command, and ordei'ing the ships to Galveston. When this proclamation reached the commodore it was promptly obeyed, and the vessels entered Galveston harbor in July. In the fall steps were taken looking to a sale of the navy under the Act of Congress, but the people protested against it, and the sale was not made. The act requiring a sale was repealed in February, 1844. The steamship Zavalla was wrecked in a storm while in the harbor at Galveston. 14. How did the President wish the navy employed ? What order was sent to Commodore Moore ? Did he obey it ? 15. What act passed Congress in January, 1843? Were the ships delivered up / From what coast did they sail ? What proclamation did Houston issue ? When did the ships arrive at Galveston? INDIAN TREATY— THE 8NIVELT EXPEDITION. 133 16. There was comparative quiet upon the fi-ontier, but there were occasional Indian forays. In the fall of 1842, while many of the citizens of Austin were at a camp-meeting near Webberville, the Coraanches, on Sunday morning, daslicd into the city and carried off two children of Mrs. Simpson ; the girl, fourteen years old, was killed about six miles from Austin. The little boy was subsequently re- claimed at one of the Indian agencies. In September, 1843, the representatives of eight tribes met at Bird's Fort, on the Trinity, and entered into a treaty. 17. The route followed by traders going from St. Louis to Santa Fe, passed through Texas. It was ascertained, early in the winter of 1843, that a caravan of Mexican merchants, with a large quantity of goods, would pass along this trail. Some Texans were anxious to secure so rich a prize, and President Houston commissioned Colonel Jacob Snively to raise a company of three hundred men for this purpose. The men were to equip themselves, operate only on Texas soil, to make their captures only in honorable warfare, and deposit one-half the spoil taken in the Texas treasury. 18. On the 27th of April Colonel Snively, with one hun- dred and eighty men, left his camp at Georgetown, near Dennison, on Eed Eiver, and reached the route of the cara- van, near the Arkansas Eiver, on the 27th of May. Whilo waiting for the expected train, some of the men became restless, and finally insubordinate. Seventy-five of them selected Captain Chandler as a leader, and, June 29 Lh, started homeward. 19. Soon after the departure of Chandler and his party, 16. What Indians visited Austin in J842? 1 7. Wliat route followed by traders passed through Texas ? What was tlie object of the Snively expedition? 18. When did Snively leave his camp on Red River? What occurred May 27 ? 19. What United States officer arrested Snively and his men? How did Cookf treat the Texans ? When did they reach Bird's Fort ? JU ARMISTICE BETWEEN TEXAS AND MEXICO. Siiively's command was snrrounded by a company cf United States dragoons under Captain Philip St. George Cooke. Cooke contended that Snively and his party were in the territory of the United States. The Texans were dis- armed. Captain Cooke gave them their choice either to go V;iider an escort to St. Louis, or return to Texas. About fifty cliose to go to St. Louis, the others preferred returning to their homes. Cooke gave this party guns and a supply of ammunition, with which to protect themselves. After some skirmishing with Indians, Snively's men overtook the party under Chandler, and all reached Bird's Fort on the 6th of Angust. 20. Among the prisoners taken by Woll, in San Antonio, was the former Lieutenant-Governor, J. W. Eobinson. While in prison, Eobinson wrote to Santa Anna suggesting possible terms for an adjustment of the diflftculties between Mexico and Texas. The result of the correspondence was that Eobinson was released and ^ent home with propositions from Santa Anna to Mr. Houston. As this document spoke of Texas as a province of Mexico, it was, of course, generally repudiated by the people of Texas. 21. There was now, in the United States, a growing sen- timent in favor of annexation. This the British minister in Mexico saw, and wished to counteract. Great Britain de- sired to see peace between Texas and Mexico. The French minister also interested himself in the negotiation. After considerable discussion, an armistice between Mexico and Texas was proclaimed on the 13th of June, 1843, to continue "until due notice of an intention to resume hostilities (should such intention thereafter be entertained by either 20. What distinguished Texan had been taken prisoner by WoU? For what pur- pose was RobinFon released and sent home? 21. What was the state of feeling in the United States? What was the wish of Great Britaiu ' When was the armistice proclaimed ? REOULATOnS AND MODERATORS. 135 party) should be formally announced through Her Britannic Majesty's Charge d^ Affaires at the respective governments." This measure relieved Texas from all fear of an invasion, and from the burden and excitement consequent upon getting up military expeditions. 22. George W. Hockley and Samuel M. Williams were ap- pointed commissioners on the part of Texas to meet com- missioners appointed by Santa Anna to agree upon terms of peace. The commissioners met at Sabinas. Seiiors Lande- ras and Jaunequi bad been appointed on the part of Mexico. The negotiation was brought to a hasty termination by the prospect of annexation. The commissioners, however, signed an agreement on the 18th of February, 1844. This was re- pudiated silently by the Texas government, as, in the docu- ment, Texas was still spoken of as a " department of Mexico." 23. In some counties of Eastern Texas resolutions were passed, at popular meetings, denouncing the payment of cus- toms. A party arose in the Redlands calling themselves Regulators. This party took upon itself the arrest and pun- ishment of criminals witliout the warrant of law. This high-handed measure led to the formation of another party styled Moderators. Excitement rose so high between them that, at one time, it was supposed a thousand men were in arms. In Harrison county an armed mob prevented the holding of the district court. In 1844, after many lives had been sacrificed. President Houston instructed General James Smith to call out the militia. Peace was gradually restored, though the effects of this feud continued for some time.* * According to Yoaknra, Wat Moorman was captain of the Regulators, and John 22. Who were the commissioners sent by Texas to negotiate a treaty ? Why did Texas reject the agreement ? 23. To what did the people of East Texas object ? For what purpose was th« party of the Regulators formed ? The Moderators ? How was peace finally rev Btored ? 136 JONES'S ADMINISTRATION— FOREIGN MEL ATIONS. SECTION IV. Jones's administration". — foreign relations. — fI' nances of the country. — annexation of texas to the united states. 1. At the election held September 2d, 1844, Anson Jonea was elected President, and Kenneth L. Anderson, Vice-Pres- ident. The inauguration took place on the 9th of Decem- ber. Jones had filled the office of Secretary of State during the whole of the preceding administration, and was thor- oughly acquainted with all the details of the executive department. 2. At no period since the settlement of Texas did the fron- tier suffer so little from Indian depredations as during Jones's administration. Even the Comanches sent in a deputation of chiefs, and entered into a treaty of peace. 3. It was a difficult and delicate task to maintain amica- ble relations with England, France, and other European powers while agitating the great measure of annexation. This was, however, happily done, notwithstanding the jeal- ousy of those powers toward each other, and toward the United States.* M. Bradley of the Moderators. In the summer of 1844, ju?t after a congregation had been dismissed, Moorman killed Bradly at the door ol the church in San Aui;;u8- tine, and, a few years later, Moorman was killed in a ferry boat by a Dr. Burns, while crossing the Sabine River. * President Jones, in his aiitol)io2:raphy, intimates that the most serious em- barras^ment of his administration . What was the condition of the frontier? 3. What delicate task devolved upon the President f FINANCES— ANNEXATION TO THE UNITED STATES. 137 i. Ill relation to the finances of this period, President Jones says: " There was not a single defalcation, nor a dol- lar lost; the expenses of the government were brought within its receipts, and no debts incnrred; the excliequera (currency) rose to par; Texas passed from a paper to a me- tallic CLirrency ; and after defraying the expenses of an extra session of Congress, and of a convention, repairing the pub- lic buildings, and removing the government to Austin, there was a surplus in the treasury sufficient to support the State government for two years." 5. By the terms of the treaty of annexation, the navy of Texas was to be transferred to the United States, and its officers incorporated in the navy of that government. The vessels so transferred were the ship Austin, the brigs Whar- ton and Archer, and the schooner San Bernard. 6. The great question of this administration was that of annexation to the United States. In 1836 that govern- ment had declined to take Texas, as tlie ability of the lat- ter to maintain its independence was considered donbtful. The question was again introduced into the United States Senate by Mr. Calhoun, in iVpril, 1844. That body, by a vote of thirty-five to sixteen rejected the measure the second time. After this second rejection, Mr. Van Zandt, the Texas minister at Washington, formally withdrew the proposi- tion. This was under instruction from the Texas State Department, 7. About this time the course of Mr. Elliott, the British reenlt from annexation, and he determined that , WTien did the Federals leave Matai,'orda bay ? 6. Give the incidents of the Kickapoo fight. FIGHT WITH KICKAPOOS. 159 rudo, on an Indian scout. On Dove Creek, a tributary of the North Concho, a body of Kickapoo Indians was discov- ered on the 8th of January, 1865. Their camp was in a dense thicket, and there were no means of ascertaining their numbers. A desperate fight ensued, in which the soldiers displayed great heroism, frequently charging into the thicket. At night the assailants withdrew, having lost seventeen killed and twenty-five wounded. It was intended the next morning to renew the fight, but a cold rain ren- dering it impracticable to do so, they returned to camp Colo- rado, and reported having killed fifty-three Indians, includ- ing two women and two children.* 7. In the summer of 1864, General E. Kirby Smith was ill command of the trans-Mississippi Department, and Gen- eral J. G. Walker in Texas. Nothing, however, of great importance occurred in this Department, as the most of the Federals had been withdrawn to cooperate with Sherman in his march to the sea, or with Grant, who was drawing his lines around Richmond. Lee surrendered on the 9th of April, 1865, Joseph E. Johnston on the 26th of the same month, and Taylor on the 6th of May. 8. On the 25th of May, Governor Murrah issued three proclamations: one commanding civil officers to preserve public property; another convening an extra session of the Legislature, July 6tli ; and a third ordering an election, June 19th, for delegates to a convention. The last two were set aside by the Federal commander. * The Kickapoos, on their arrival at Piedras Negras, gave a report of th'.a Bght, which may interest the reader. They said about one tliou^^and of thera were pa«.sin;r throngh an uninhabited portion of Texas to their new home;? in Mexico, when they were attacked by a body of Texans, and had fourteen of their warriora killed and eight wounded. The Kickapoos gave a great deal of trouble to the inhab- itants along the Rio Grande, until 1874-5, when the agents of the United States con- veyed them again to their former homes. 7. Who was in command in Texas in 1864 ? 8. What proclamation did Governor Murrah issue, May 25 f 160 PUBLIC PROPERTY SEIZED. 9. On the 23d of May, the soldiers in Galveston, Houston, and other places,, threw off the control of their officers. They took possession of the public property, guns, ammu- nition, clothing, and all kinds of army stores, and large packages of Confederate money were scattered profusely through the streets, every one taking what he could carry away. At Navasota, either through carelessness or design, a lighted match was throAvn upon a pile of powder, and an exi)losion followed by which eight lives were lost, several buildings burned, and nearly all the windows in the town broken. The damage amounted to $70,000. 10. At first private property was respected, but as the spirit of lav/lessness spread throughout the State, teams re- turning from the West with goods were seized, and in some instances stores were entered. At Austin, among otiier arti- cles distributed, were 50,000 pairs of cotton and woolen cards. On the 11th of June the State Treasury was broken open and robbed. At Brownsville, the soldiers of Bene- vedes's command compelled the Onstom-house officers to pay them off in specie. The citizens of Huntsville, hearing that the Penitentiary was to be plundered, organized a strong guard and protected it, confining the prisoners in their cells until the danger passed. 11. On the oOth of May, Generals Smith and Magrudei went on board a Federal vessel in Galveston harbor and formally surrendered the trans-Mississippi Department. On the 19th of June, General Granger, United States Army, ar- rived in Galveston and assumed command. He announced 9. When did the soldiers throw oflE the control of their officers? How Avae the public property disposed of ? Wliat happened at Navasota ? 1 0. Was private property respected ? What hapj>ened at Austin ? At Hunts- ville? 11. When was the trans-Mississippi department formally surrendered? Wha assumed command June 19 ? 00 VERNOn UAMIL TON—RECONSTR UGTION. 1 6 1 the emancipation of slaves in Texas, and suspended all legislative enactments inconsistent with the laws of the United States. SECTION X. Hamilton's administration. — first reconstruction. — convention of 1866. 1. On the 17th of June, President Johnson appointed Andrew J. Hamilton Provisional Grovernor of Texas. Gov- ernor Hamilton arrived in Galveston on the 21st of July, and on the 25th issued a proclamation announcing his ap- pointment, and assuming the duties of his office. In this he foreshadowed the policy to be pursued in restoring the State to the Union. The freedmen were advised to remain with their former masters and gather the growing crop, re- ceiving a reasonable compensation for their labor. A good crop was -raised, cotton bore an unusually high price, and the year was one of financial prosperity. As soon as practi- cable, the civil officers of the State were filled by those be- lieved to be loyal to the government, and persons were appointed in the various counties to administer the amnesty oath prescribed by President Johnson. 2. On the 15th of November, Governor Hamilton issued his proclamation for an election to be held January 8th, 1866, for delegates to a State Convention. For the first time in the history of Texas, voters were required to be registered. By direction of President Johnson, this convention "was to be chosen by tliat portion of the people of Texas who were Section X. — 1. Who was the tenth governor? Andrew J. Hamiltoii. What advice did Hamilton give the freedmen ? 2. When was the election lield for delegates to a convention ? it52 CONVENTION OF 1866— GOV. THROCKMORTON. loyal to the United States, and none others." The numbei of delegates was to be equal to tlie number of members of the House of Eepresentatives. The Governor invited the pe)ple cordially to engage in the work of reconstructing local government. 3. The Convention met on the 10th of February, 1866, completed its work, and adjourned on the 2d of April. On the 4th of June the people voted on the adoption of the Con- stitution, and elected State ofl&cers and members of the Leg- islature. The Constitution was adopted by a vote of forty- eight thousand five hundred and nineteen; seven thousand seven hundred and nineteen voting against its adoption. The Legislature met on the 9th of August, and on the 13th, Governor Hamilton relinquished the executive department of the State to his successor, J. W. Throckmorton. SECTION XL THROCKMORTON'S ADMINISTRATION". — INDIAN DEPREDA- TIONS. — GOVERNMENT IN TEXAS PROVISIONAL.- -THROCK- MORTON REMOVED BY GENERAL SHERIDAN. 1. The Legislature which was in session when Governor Throckmorton was inaugurated (August 13th, 1866), elected United States Senators, divided the State into four districts, and ordered an election for Congressmen. It also adopted such measures as were deemed necessary for the complete restoration of the civil law. 2. The frontier had suffered fearfully from Indian depre- 3. When did the convention meet? When did the Legislature meet? Section XI.— 1 . Who was the eleventh governor ? James W. Throckmortoa Mention some of the acts of the Lesislature. 2. What was the condition of the frontier 1 INDIAN DEPREDA TIONS—00 TNT PRO VISIONAL. 1 G3 dations. A committee of the Legislature reported that within two 3^ears from the close of the war, one hundred and sixty- two persons had been killed by Indians, twenty-four wound- ed, and forty-three carried into captivity. Of this number, twenty-nine were reclaimed. On the Indian and Rio Grande frontier, between thirty and forty thousand head of cattle and horses had been stolen. The Legislature passed a law for organizing three battallions of State troops for frontier protection ; but, as the Federal commander objected, they were never called into service. 3. Governor Throckmorton entered zealously upon the duties of his office. He was an original Union man, and in the convention of 1861, voted against secession. It was thought he would be entirely acceptable to the authorities at Washington. But, whatever may have been the feeling per- sonally towards the Governor, many of the acts of the Legis- lature were severely criticised ; and, on the 2d of March, 1867, Congress passed a law reducing Louisiana and Texas to the condition of territories, declaring their present gov- ernments provisional and under the control of the com- mander of the Fifth Military District. 4. On the 15th of April, under instructions from General Sheridan, General Griffin issued an order forbidding all civil elections in Texas. On the 17th he ordered Judges to put olored men upon juries ; and on the same day established fifteen registration districts, corresponding with the judicial districts of the State. 5. Finally, on the 30th of July, General Sheridan issued an order removing Governor Throckmorton, and appointing E. M. Pease in his place. 3. How had Governor Throckmorton voted on the question of secession? What act passed Congre-s, March 2, 1867? 4. When were elections prohihitedin Texas' 5* When was Throckmorton removed? 164 PEASmS ADMINISTBATION'. SECTION XII. pease's ADMINISTRATIOi?'. — SECOl^D RECOJ^STRUCTIOK. — CON^VENTION- OF 1868-9. 1. Under the reconstruction law tlie Governor was merely an adviser of the Military Commander, who alone was responsible for the administration of the government, and whose ''orders" gave validity to laws, interpreted them, or set them aside. 2. Soon after General Sheridan removed Governor Throck- morton, he was himself removed to another department by President Johnson, and General Griffin assumed command. General Griffin died with yellow fever, and was succeeded, for a short time, by General Mower. On the 29th of Novem- ber General Hancock was assigned to the Fifth Military District. During the short period in which he was in com- mand, military officers were prohibited from interfering with the civil authorities. He also disapproved the " secret in- structions" which bad been issued by General Griffin to Registrars, instructions that prevented the registration of persons who had held minor offices before the war, and after- wards voluntarily joined the Confederate army. Except for a short period in the spring of 1869, when General Canby was in command, General Reynolds was the commander in Texas during nearly the whole of Pease's administration. 3. In the fall of 1867 there was, under military orders, a general registration of voters. This included the colored Section XII.— 1. Who was the twelfth governor? Elisha M. Pease? What was the position of the governor ? 2* Who were the success*ive military commanders of the fifth district f Who commanded in Texas during the most of Pease's administration ? 3 When were the freedmen permitted to register ? When was the election held i CONVENTION OF 1868-9- 165 people. There were registered 56,678 white, and 47,581 colored voters. About 25,000 whites were not registered, either through indifference or from disfranchisement. At the election held February 10th to 14th, 44,689 votes were cast for a Convention, and 11,440 against it. If those vot- ing in the negative had refrained from voting the measure would have failed, as the law required that, to call the Con- vention, a majority of those registered must vote on the question. 4. The Convention met on the 1st of June, and, after a three months' session, took a recess until the 7th of Decem- ber, when it sat for two months longer. After its work was about completed, a number of members left, a quorum could not be obtained, and General Canby, then in command, ar- ranged the constitution and journals for publication. 5. The election, which had been fixed by the Convention for July, was deferred, by order of President Grant, to the 30th November and three following days. Governor Pease tendered his resignation, which was accepted September 30, 1869, and, for three months, an Adjutant in cliarge of civil affairs performed the duties pertaining to the office of Gov- ernor of Texas. Edmund J. Davis was elected Governor. SECTION XIII. DAVIS'S ADMINISTRATION. — SENATORS AND REPRESENTA- TIVES ADMITTED TO CONGRESS. — VARIOUS LEGISLATIVE ACTS. — INCREASE OF POPULATION.— GENERAL ELECTION OF 1873. 1. As soon as the returns of the election reached Austin^ 4. When did the convention meet ? 5. When was the general election held ? Section XIII.— 1. Who was the thirteenth govemer? Edmund .J. Davis. W^hen did Davis enter upon his office ? 16G DA VIS'S ADMINISTRA TION. Genertil Reynolds appointed General Davis, Governor. lie reached Austin and entered upon his executive duties Janu^ ary 18, 1870. 2. By order of General Reynolds the Legislature convened on the 8th of February. As a condition precedent to the restoration of Texas to the Union, the law of Congress re- quired that the Legislature should ratify the Xlllth, XlVth, and XVtli amendments to the Constitution of the United States. After ratifying these amendments and electing United States Senators, the Legislature adjourned February 24th. 3. On the 30th of March the bill accepting the Constitu- tion of Texas passed Congress and received the signature of President Grant, when the Texas Senators and Representa- tives were admitted to their seats; and, on the 16th of April, &r,neral Reynolds relinquished all jurisdiction over the civil affairs of Texas, thus restoring the supremacy of civil law. 4. On the 26th of April the Legislature again assembled in what was denominated a " called session," and continued in session until the 15th of August. For frontier protection, the Governor was authorized to call out twenty companies of rangers^ and to sell bonds of the State to defray tlie ex- pense. He was also authorized to organize a State police of about two hundred and sixty officers and men, of which the Adjutant-General was, ex officio, the chief. The Legislature further invested the Executive with authority, in certain cases, to suspend the writ of habeas corptis j and, under this authority, martial law was, in three instances, declared during his administration. 2. When did the Legislature meet? What bills were passed ? 3. When did the bill pass Congress accepting the Constitution of Texas ? When did Reynolds relinquish control of civil affairs ? 4. When did the Legislature again meet ? Mention some of its acts. VAEIO US LEOISLA TIVE AGT8—IMMIQRA TION. 1 6 ? 5. A homestead bill, as required by the Constitution, be- came a law during this session. To heads of families desti- tute of land, one hundred and sixty acres were given, and eighty acres to single men. 6. On the 10th of January, 1871, the Legislature re-assem- bled. Among the more important laws enacted was one au- tliorizing counties and cities to grant subsidies to 'A^orks of internal improvement. Another prohibited the carrying of deadly weapons, except in counties exposed to Indian raids. Provision was also made for a Bureau of Immigration, and for the establishment of Public Free Schools. 7. At the general election held in November, 1872, the Democratic party elected all the Congressmen to which the State was entitled, and a majority of both brandies of the State Legislature. 8. The Superintendent of Immigration estimated that during the year 1872 ninety-one thousand six hundred immi- grants landed in Texas, amounting to ten per cent, of our whole population. 9. The Legislature met the 14th of January, 1873. The tone of the Governor's messnge was conciliatory. After the organization Mr. Flanagan, a Republican, resigned the presi- dency of the Senate, to which he had been elected at the previous session, and Mr. Pickett, a Democrat, was chosen in his place. All parties manifested a disposition to repeal or change obnoxious laws, reduce public expenses, and improve the finances of the State. The law creating a State police, and one authorizing the Governor to proclaim martial law, 5. How ranch land did the homestead bill give the head of a family ? 6. Mention some of the more important legislative acts. 7. Which party triumphed at the election in 1872 ? 8. How many immigrants entered Texas in 1872? 9. When did the thirteenth Legislature meet? What disposition was manifested by all parties ? 168 GENERAL ELECTION OF 1873, were repealed; while the election law and the school law were materially modified. 10. The next general election took place on the 2d of De- cember, 1873, the democrats electing State officers. Congress- men, and a majority of both branches of tlie Legislature. After the election a case was brought before the Supreme Court on a writ of habeas corpus, in which the constitution- ality of the election law was incidentally involved. The court decided the law unconstitutional, and Governor Davis, on the 12th of January, 1874, issued a proclamation for- bidding the assembling of the Legislature. On the 13th the* two houses met and organized. The Governor, however, re- fused to recognize them. 11. On the night of the 13tli the lower story of the capitol building, including the offices of the Governor and Secretary of State, was guarded by colored soldiers under command of the Adjutant-General, while the upper story, comprising the halls of the two houses,, was occupied by the Sergeants-at- Arms with a large number of deputies, including a military company. Serious fears were entertained of a collision, but, fortunately, no blood was shed. President Grant, who had been appealed to, declined to interfere, and, under a protest, the Secretary ol State permitted a committee of the Legisla- ture to take from his office the returns of the late election. The votes were counted, and Richard Coke and E. B. Hub- bard, the newly-elected Governor and Lieutenant-Governor, were duly installed. 10. When did the general election take place? Which party triumphed ? What question was brought before ihe Supreme Court ? What proclamation did Davia issue? 11. How was the capitol occupied on the night of January 13 ? How were the returns of the election procured ? COKE'S ADMINISTRATION. 169 SECTION XIV. coke's ADMINISTRATION". — SUPREME COURT RE-ORGANIZED — CONSTITUTIONAL CONVENTION PROVIDED FOR. — PRO- GRESS OF THE STATE IN POPULATION. — AGRICULTURAL PRODUCTS, LIVE STOCK, AGGREGATE WEALTH, ETC. 1. Under the amended Constitution the Supreme Court was re-organized with five Justices instead of three, and the Legislature directed that its sessions should be held alter- nately at Austin, Galveston, and Tyler. 2. At the second session of the fourteenth Legislature, in March, 1875, provision was made for calling a Constitutional Convention. The convention met on the 6th of September. At a general election held February 15, 1876, the new Con- stitution was adopted, and Mr. Coke was re-elected Governor for a term of two years. His second inauguration took place April 22d, 1876. 3. A few figures will serve to illustrate the progress of the State during this period. The exact population in 1846 is unknown. In 1847 there were reported 100,508 whites, and 35,073 slaves. In 1870 the United States census gives the population of Texas at 567,700 whites, and 253,475 colored. The present population is largely over a million. In 1846 the corn crop was about 3,000,000 bushels; in 1874 Section XIV.— 1 . Who was the fourteenth governor of Texas ? Richard Coke, 2. When did the Constitutional Convention meet, and who was elected gov- ernor under the new Constitution? When was he inaugurated ? 3. What will illustrate the progress of the State? What was the population of Texas in 1847? In 1870? Com crop of 1846 ? Of 1874? Cotton crop of 1846 ? Of 1874? Number of liorsea and mules in 1846 ? In 1873? Number of cattle in 1846 f In 1873 ? Assessed value of property in 1846 ? In 1873 ? 170 PBOGRESS—BAILROADS. 30,000,000. In 1846 about 80,000 bales of cotton were pro- duced; in 1874 the crop was near 500,000 bales. In 1846 there were 35,648 horses and mules; the Comptroller's re- port for 1873 placed the number at 718,247, valued at $21,- 605,546. In 1 846 the number of cattle was 382,783 ; in 1£ 73 over 3,000,000, valued at $14,361,518. In 1846 the assessed value of all property in the State amounted to $34,391,175 ; in 1864 the amount reached $358,101,886 (including 200,000 slaves, valued at $100,000,000). As a result of the war, in 1866 the assessed value of property had fallen to $122,749,123 ; but, in 1873, the aggj-egate amount assessed was $241,841,860. In 1846 there were thirty-six organized counties. There are now one hundred and forty-seven organized, and twenty-seven unorganized, counties. 4. The Buffalo Bayou, Brazos and Colorado railway was commenced at Harrisburg in 1852, and completed to Eich- mond in 1855. The Houston and Texas Central was com- menced in 1853. 5. On the 1st of February, 1860, trains crossed the bridge connecting Galveston with the main land, opening up rail- way communication between Houston and Galveston. In 1859 the Texas Pacific was built from Shreveport, Louisiana, to Marshall, Texas, and the next year a road was opened from Lavaca to Victoria. The Texas and New Orleans road was commenced at Houston in 1859, and completed to Orange, one hundred and eight miles, in 1861. The two roads last mentioned suspended after the war. 6. At the close of the civil war the following roads were in operation : Galveston, Houston and Henderson, fifty miles ; 4, When was the B. B. B. and C. Hallway commenced ; TheH. and T. Central ? 6« When did trains lirst cross the Galveston bridge ? 6. How many miles of railway were in operation at the close of the war? When wa^^ th« International chartered? What controversy arose between this company and the State? EXTENSION OF RAILROADS. 171 the Buffalo Bayou, Brazos and Colorado, from Harrisburg to Alley ton, eighty miles; the Houston and Texas Central, from Houston to Millican, eighty miles ; the western branch, from Hempstead to Breiiham, twenty-two miles; and the Southern Pacific, from Shreveporfc to Marshall, forty-one miles — in all, two hundred and seventy-two miles. In 1870 the Legislature chartered the International Company to construct a road diagonally across the State from Ked River to the Eio Grande. To this company the State agreed to issue bonds at the rate of $10,000 per mile. The road was commenced at Hearne, and, when fifty miles were com- pleted, the Governor signed the bonds for $500,000 due the company. To these bonds the Comptroller refused his sig- nature. Suit was brought, and, in 1874, the Supreme Court decided that it had no jurisdiction in the case. 7. In March, 1875, the Legislature passed a bill substitut- ing twenty sections of land per mile instead of the bonds, and exempting the land and the property of the comjiany from taxation for twenty-five years. This compromise was acc(^pted by the company. Pending this controversy the road had been extended, in 1873, to Longview, one hundred and seventy-two miles ; the Tyler branch, built from Troupe to Mineola, forty-four miles ; and the road extended across the Brazos, from Hearne to Rockdale, thirty miles. 8. In 1871 the Houston and Texas Central extended ita western branch to Austin, and completed the Waco Tap road; and, in 1873, its main trunk line formed a junction with the Missouri, Kansas and Texas road, at Red river, opening railroad communication with St. Louis. In August, 1813, the Texas and Pacific reached Dallas. In January, 1874, the trans-continental branch of this road was opened 7. How was this settled ? 8. When did the railroad reach Austin ? When was communication opened witfc St. Louis? 172 OTHER INTERNAL IMPROVEMENTS. from Marshall to Texarkana, forming a junction with the Cairo and Fulton road. A section of this road was also built from Sherman to BrooksLon. 9. The Houston and Great Northern Eoad was commenced at Houston in 1871, and completed the next year to Pales- tine, with a short branch to Huntsville. In 1874 it waa extended from Houston southwest to Columbia. 10. In 18?3 the road from Columbus westward, under the name of the Galveston, Harrisburg and San Antonio Road, was built to Shulenberg, and in 1875 to Kingsbury. 11. The Gulf, West Texas and Pacific Road, was built from Indianola to Victoria in 1872, and to Cuero in 1873. 12. The Rio Grande Railway was built from Point Isabel to Brownsville in 1873. During the year 1873 four hundred and eighty-five miles of railroad were built in Texas. AVe now have in operation iu our State (1876) about sixteen hundred miles of railway. 13. A telegraph line was opened between Galveston and Houston, January 24, 1860. The wires were gradually ex- tended, and now all the principal cities are connected by telegraph. In March, 1875, Congress appropriated $88,000 for a telegraph line along the frontier, connecting all the military posts. This line was completed in 1876. 14. In 1854 a canal was opened connecting Galveston Bay with the Brazos river ; and the same year an outlet was opened for Old Caney Creek into Matagorda Bay. In 1856, the Legislature made liberal appropriations for the impi'ove- 9» Give the commencement and progress of tlie H. and G. N. road. 10» Progress of the road from Columbus westward. 11. When was the road built from Indianola to Cuero ? 12. What points are connected by the Rio Grande road ? 13. When was telegraphic communication opened between Galveston and Houston ? 1 4. When was Galveston bay connected with the Brazos river ? What approprl fttions were made in 1856 ? When was the ship channel opened to Corpus Ctrieii f GENERAL CONDITION OF TEXAS IN 1876. 173 meiu of Texas rivers and bays. Individuals and counties added to these sums ; but the succeeding dry years rendered most of our rivers unfit for navigation. In 1874 a ship channel was opened from Aransas Pass to Coi-pus Christi. 15. In 1869-70 the Houston Ship Channel Company com- menced work at Morgan's Point and at Eed-fish bar. In 1874 this work was transferred to Charles Morgan, who agreed to open a channel nine feet deep to the neighborhood of Houston ; Congress, in 1874, and again, 1875, appropri- ated small sums for the improvement of Eed-fish bar and Galveston bay and harbor. 1 6. Texas enjoys internal peace and prosperity, society is improving, schools and churches are multiplying, and a ceaseless and swelling tide of immigration is flowing in upon us. 'J'he future is hopeful. With the rapid increase of population and wealth, and tlie development of onr agricul- tural and mineral resources, may we not hope to see Texas rise to the first rank among the States of the American Union ? 15* When was work commenced at Morgan's point ? 10a What is vAld of the condition of Texas, and its promise for the fattm* 174 CHRONOLOGICAL REVIEW QUESTIONS. CHEONOLOGICAL EEVIEW QUESTIOJ^S. FIFTH PERIOD. When was Henderson inaugurated governor ? February 16, 1846. When was Wood inaugurated ? December 21, 1847. When, Bell ? December 21, 1849, When did Texas sell Santa Fe ? In 1850. At what price ? $10,000,000 : but the United States finally paid $12,750,000, llqql« dating the entire debt of Texas. When was Pease inaugurated ? December 21, 1853. When, Runnels ? December 21, 1857. When, Sam Houston ? December 21, 1859. Date of ordinance of secession ? February 1, 1861. When did Clark become governor? March 16, 1861. When, Lubbock ? November 7, 1861. Date of battle of Galveston. January 1, 1863. Date of battle of Sabine Pass. September 8, 1863. Date of Hurrah's inauguration. November 5, 1863. When did the Confederate soldiers in Texas disband ? May 23, 188J. When did Hamilton become governor ? July 25, 1865. Throckmorton? Aiisaf J3, 1866. When was Throckmorton removed ? July 30, 1867. Who was then appointed governor? E. M. Pease. When did Davis become governor? January 18, 1870. Date of Coke's inauguration ? January 13, 1874. CHANGES IN STATE CONSTITUTION. 175 PERIOD VI. TEN YEARS' PROGRESS. Fkom 1876 TO 1885. SECTION I. CHANGES 11^ STATE CO^-STITUTIOK. — SUCCESSION^ OF GOVERN"- ORS. — STATE LEGISLATURES. 1. The close of the great Civil War left the civil institu- tions and administration of the State government in an un- settled and unsatisfactory condition. The Government was partly civil and partly military. During the ten years from 1866 to 1875, no less than three conventions were held for modifying our State Constitution. 2. The changes introduced into our fundamental law by the Constitution of 1869 were material and radical. The great bulk of the tax-paying voters of the State were dis- franchised because of their participation in the war between the States, and had no voice in the formation of that Consti- tution. It declared secession a heresy, and gave the Gov- ernor power to declare martial law in any county of the State, and suspend the writ of Habeas Corpus. It also pro- vided that the Judges of the Supreme and District Courts Section I.— 1. In what condition was the State Government after the close of the war ? In ten years* how many Constitutional conventions were held ? 2. Did these conventions materially change our fundamental laws ? Mention some of the features of the Constitution of 1869-of the Constitution of 1875. 176 SUCCESSION OF GOVERNORS. should be appointed by the Governor. The constitution of 1875 withdrew these extraordinary powers from the Gov- ernor ; declared that the judges of the Supreme and Dis- trict Courts should be elected by the people ; limited the privileges of corporations, and protected the public domain and lands belonging to public schools. S. Judges of the Supreme Court and of the Court of Ap- peals hold office six years. Senators and Judges of District Courts four years. The Governor, members of the House of Representatives, and all other State and county officers hold office two years. 4. Richard Coke was the second time inaugurated Gov- ernor, April 22, 1876. Soon after his inauguration he was elected to the United States Senate, and on the first of De- cember following, he resigned the executive office, and the Lieutenant-Governor, Richard B. Hubbard, became Gov- ernor. Mr. Hubbard was the fourteenth Governor, since the annexation of Texas, and he held office during the years 1877 and 1878. 5. Oran M. Roberts was the fifteenth Governor, and held office during two teims, including the years 1879, 1880, 1881, and 1882. His first inauguration took place January 21, 1879. 6. The sixteenth Governor was John Ireland, inaugurated January 17, 1883 ; and inaugurated the second time Janu- ary 19, 1885. His official term included the years 1883, 1884, 1885 and 1886. 3. For what length of time is the Governor elected? Senators? Justices of the Supreme Court ? Other judges? Other officers ? 4r. Wh}"^ did Colie resign the office of Governor ? Who was the fourteenth Gov- ernor ? When was he inaugurated ? 5. Who was the fifteenth Governor? When was he inaugurated? How many terms did he fill the office? 6. Who was the sixteenth Governor ? W^hen inaugurated ? How many terms did he fill the office ? ST A TE LEGISLA TUBES. 1 77 7. The leading historical incidents will be considered in the following pages ; these events will be presented under topical heads. 8. The State Legislature is composed of two Houses, and holds biennial sessions ; but may be called together in extra session, whenever the Governor thinks it necessary. In ex- tra sessions it can only consider such topics as the Governor recommends. The Senate is composed of thirty-one Sena- tors, and can never have a greater number. The present House of Representatives has one hundred and six members, and without a change in the organic law can never exceed one hundred and fifty. 9. The XVth Legislature : 1876-78. When Hubbard be- came Governor, Wells Thompson was elected President of the Senate, and thus became Lieutenant-Governor. Thomas R. Bonner was Speaker of the House of Representatives. 10. XVIth Legislature : 1879-1880. Joseph D. Sayers was Lieutenant-Governor and President of the Senate ; John H. Cochran Speaker of the House of Representatives. This Legislature provided for a high court, denominated " Com- missioners of Appeals," and adopted a new civil code, penal code, and code of criminal procedure, prepared by a ])yq- viously appointed commission of learned lawyers. 11. XVnth Legislature : 1881—1882. Leonidas J. Story, Lieutenant-Governor and President of the Senate ; George 7. How will the leading events of the ten years' progress be presented ? 8 . Wliat two bodies constitute the State Legislature ? Of how many members is the Senate composed ? Tlie House ? 9. Who was President of the Senate during the XVth Legislature ? Who Speaker of the House ? 10. Who was Lieutenant-Governor and President of the Senate of the XVIth Legislature ? Speaker of the House ? What was one of the principal acts of the XVIth Legislature ? 11. Who were the officers of the XYIIth Legislature ? During what years? 178 STATE DEBT. E. Reeves, Speaker of the House. An extra session was held, commencing April 0, 1882. 12. XVIIIth Legislature : 1883—1884. Marion Martin, Lieutenant-Governor and President of the Senate ; 0. R. Gibson, Speaker of the House ; convened in extra session, January 8, 1884. 13. XlXth Legislature : 1885—1886. Met in regular session, January 13, 1885; Barnett Gibbs, Lieutenant-Gov- ernor, President of the Senate ; L. L. Foster, Speaker of the House. SECTION n. STATE DEBT. — STATE FINANCES. 1. When Coke was inaugurated Governor in 1874, the debt of the State, for wbich bonds had been issued, amounted to $3,425,328. Other claims were presented and new obligations incurred, so that in 1875 the bonded debt was ^5,551,337. In 1876 it amounted to 16,067,836. 2. When Hubbard became Governor, in 1877, the debt was $6,116,634. The next year, 1878, it was reduced to 15,121,- 911. 3. When Roberts was inaugurated the debt was 15,014,- 620. In 1881 it was reduced to $4,755,620 ; in 1882, to $4,487,030. 4. When Ireland was inaugurated, in 1883, the debt was 13. Who was President of the Senate during the XVIIIth Legislatui-e ? Speaker of the House ? 13. When did the XlXth Legislature meet? Who was Lieutenant-Governor? Who Speaker of the House ? Section II.— 1. What was the amount of the honded debt of tlie State when Coke hecanie Governor ? 8. How much under Iluhhard's administration ? 3. How much under Rol)erts' ? 4. How much under Ireland's? What was the public debt on August 31, 1884 ? ST A TE FINANCES. 179 $4,119,898. On August 31, 1884, the whole debt amounted to ouly $4,119,899. 5. The condition of the finances of the State, as pre- sented in the figures representing the State debt, excited the profound solicitude of Governor Coke and his successors. In his message to the XVth Legislature, Governor Coke recommends various measures : 1. The refunding of the State debt at a lower rate of interest ; 2. A revision of the tax-laws so as to include in assessments a vast amount of property which had heretofore escaped taxation. 6. These measures were carried forward during Hub- bard's administration, so that there was a manifest improve- ment in the State finances, and the State was no longer compelled to sell bonds to pay current expenses. 7. When Governor Roberts was inaugurated, he distinctly announced that his policy would be to "pay as you go," and to reduce the expenses of the Government so that the in- come from taxation- should cover them. The Legislature again appropriated one-fourth of the general revenue for the support of public free schools, and he, on the 23d of April, 1(S79, vetoed certain items in the appropriation bill. 8. The items thus vetoed were : 1. that making an appro- priation for the support of the public free schools ; 2. that setting apart a sum to pay the interest on the public debt ; 3. the amount appropriated for a sinking fund. 9. At the extra session of the Legislature in June, 1881, a bill was passed reducing the proportion of the revenue ap- propriated to free schools from one-fourth to one-sixth ; pro- 5. What was the financial condition ? What measures did the Governor recom- mend ? 6. W^hen were tliese measures carried into effect? 7 . W^ho introduced the pay-as-you-go policy ? 8. What items did Governor Roberts veto in the appropriation hill ? 9. What measures did the Legislature adopt to reduce expenses ? 180 'S^^^ TE FIJVA NCES. vision was made for paying the interest on the public debt, and reducing expenses in almost every branch of the public service. 10. Taxable values increased rapidly ; the country con- tinued in every respect to grow in prosperity ; under Coke's administration the tax-laws were revised and so improved that little property escaped taxation, and there was a hand- some increase in the revenues. Ail State bonds bearinar a high rate of interest were called in, and bonds of a lower rate substituted ; and at the close of Governor Eoberts' term, aside from the bonded debt, all legitimate expenses of the Government had been met, and a considerable suri^lus was left in the treasury. 11. The state of the treasury warranting sucli expenditure. Governor Roberts, in his Message, January, 11, 1881, recom- mended an enlargement and improvement of the State asy- lums, especially that for the lunatics. Liberal approi3riations were accordingly made ; and by subsequent legislation the tax-laws were modified, and the State-tax reduced from forty cents on the one hundred dollars to thirty cents. And by the Constitution this reduced county taxes in the same pro- portion. 12. The charitable institutions of the State being wholly inadequate for the admission of those who were, un- der the law% entitled to be cared for by the State, and many lunatics being confined in the county jails, Governor Ireland recommended the enlargement of all these institutes, and especially the erection of a new asylum for the insane. The 10. How were the tax laws improved ? What was the condition of the Treasury ? What was the condition of the conntr}-^ ? 1 1 . What did the Governor advise in reference to the State asylums ? What change was made in the rate of taxation ? 13. What did Governor Ireland recommend concerning State Institutions ? W^hat did Uie Legislature do ? What effect did this action have on the Treasury surpUis ? WEALTH AND POPULA TION. 181 Legislature carried out this recommendation, and by addi- tions to the institutes for the Deaf and Dumb, Blind and Insane, and by the erection of a new Asylum for the Insane, at Terrill, completely exhausted the surplus revenue in the treasury. 13. During Governor Ireland's first term the tax for gen- eral revenue was reduced to 1 7i cents on the hundred dol- lars, and the school tax raised to V2^ cents on the hundred dollars, thus giving the public schools 5 cents more than for- mer tax levies, and at the same time reducing the aggregate tax 2i cents on the hundred dollars. SECTION III. WEALTH AKD POPULATION. — OUR PUBLIC LANDS. — PUBLIC FREE SCHOOLS. 1. In 1874 the aggregate wealth of the State was two hundred and forty-four millions five hundred and ten thou- sand nine hundred and seventy-nine dollars, and in 1884 it was six hundred and three millions sixty thousand nine hundred and fifty-seven dollars. 2. In 1870 the population of the State was eight hundred and eighteen thousand five hundred and seventy-nine, and in 1880 one million five hundred and ninety-two thousand five hundred and seventy-four. 3. During the period of reconstruction our public domain was in a measure withdrawn from the market. Sales were made only in small tracts, and to actual settlers. 13. What is said of taxes lor public schools and the reduction of taxes for general revenue purposes ? Section III. — 1. What was the aggregate wealth of the State in 1874 ? In 1884 ? 3. What the population in 1870 ? In 1880 ? 3. What restrictions were placed upon the sale of land just after the war ? 182 OUR PUBLIC LANDS. 4. The XVIIth Legislature so modified these liiws as to open nearly the entire public domain to purchasers. The frontier being safe from Indian depredations, in an incredi- bly short period of time nearly all the vacant land in the State was covered by certificates, and passed into the hands of pri- vate parties and moneyed corporations. 5. In the report of the Commissioner of the General Land Office, for the year ending August 31, 1884, he showed that the State had issued certificates for 6,74:5,7''^3 acres in excess of public domain, exclusive of the area of inland bays. Many of these certificates are unlocated. 6. Heretofore the unappropriated public domain, and the land set apart for public schools, and for the university and State asylums, had afforded free range for stock of every description. 7. But after so large a proportion of the land had passed into the possession of private parties and corporations under the laws passed by the XVIIth Legislature, those parties proceeded to inclose them with wire fences. These pastures varied in size from a few thousand to hundreds of thousands of acres. 8. Within these inclosures were thousands of acres of land belonging to the public free schools and State institutions, from which the State derived no income. 9. Serious evils resulted from these immense pastures : 1. In some instances small tracts of land belonging to other parties were inclosed, and thus rendered comparatively worthless ; 2. Public highways were obstructed ; 3. Out- 4. What change was made in the law by the XVIIth Legislature ? 5. What was the effect of this law ? Is tiiere any public land now to dispose of ? 6 . How had the public domain been used ? 7. What did the purchasers of large tracts of land do ? 8. What other lands were inclosed ? 9. What evils resulted from these large pastures ? OUR PUBLIC LANDS. 133 side herds of cattle, sheep and horses were excluded from their usual watering-places. 10. The XVIIIth Legislature (April, 1883) passed a bill creating a Land Board composed of the Governor and other heads of departments, with authority, under certain restric- tions, to sell or lease the land belonging to the State institu- tions and pubhc schools. 11. These evils flowing out of the Land policy pursued by the XVlIth and previous legislatures were not patiently borne. Parties who felt themselves aggrieved and wronged resorted to violence, and in many instances cut and destroyed the pasture fences. 12. To remedy these evils the Legislature (January, 1884), called in extra session for the purpose by Gov. Ireland, passed laws in accordance with the Governor's recommen- dation : 1. Giving redress to private parties wliose lands were inclosed without their consent ; 2. Opening and keep- ing open public roads ; 3. Compelling the owuers of pastures to erect gates every three miles in the line of their fences ; 4. Making it a felony to cut pasture fences. 13. The enactment and enforcement of these laws soon restored quiet to the country. 14. The Constitution directed the Legislature ^'To estab- lish and make provision for the support and maintenance of an efficient system of free public schools." 15. The Constitution further provided that the permanent 10 . What is said of the Land Board ? 1 1 . How did aggrieved parties seek redress ? 13. What remedies did the Legislature provide ? 1. For private parties ? 2. For public roads ? 3. For passways through the pastures ? 4. For protecting the past- ures ? 1 3 . What -was, the effect of these laws ? 14-. What is the duty of the Legislature in reference to free schools ? 15. How was the school fund o be invested ? 184 PUBLIC FREE SCHOOLS. school fund should be invested in bonds of the State or of the United States, and that the money derived from the sale of school lands should be set aside for a permanent fund, and invested in a similar manner. 16. As these bonds yielded a very low rate of interest, and as there v^^as a large amount of the school money lying un- productive in the treasury, in 1883 an amendment was made to the Constitution, on the recommendation of Governor Ireland, authorizing the investment of this money in county bonds. 17. In one month after the adoption of this amendment, 1710,529 had been withdrawn from the treasury, and inter- est-bearing county bonds substituted in its place. As money belonging to the school fund comes in, other bonds are bought. 18. Besides the permanent fund thus invested, there has been set apart for school purposes 32,716,101 acres of public land. Of this amount there had been sold, in 1884, 3,037,- 804 acres, and leased about 2,000,000 acres. The money derived from the lease of these lands becomes a part of the available school fund. 19. Other funds for the support of schools are derived from : 1. An annual poll tax ; 2. One-fourth of the occu- pation taxes ; 3. A general tax on values ; 4. Special taxes voted by the property holders of school districts and cities. 20. The general school system is administered by the 16 . How may it now bo invested ? 17. Wore the counties willing to sell their bonds? 1 8. How much land has been set apart for our public free schools ? How much of this has been sold ? How much leased ? 19. From what other sources is the school fund derived ? 30. To whom is the administration of our State system of public schools commit- ted ? Who manage the schools in counties ? In cities ? By what Lei:islatiire was the office of Superintendent created V On whose recommendation '{ Who was the first Superintendent 'i STATE INSTITUTIONS OF LEARNING. 185 Superintendent of Public Instruction, from whose decisions appeals lie to the State Board of Education. In the counties, the County Judge, and in cities, the Maj^or and Aldermen, or Boards of Trustees elected by the people, are the chief school officers. The office of Superintendent was created by the XVIIIth Legislature, on the recommendation of B. M. Baker, who was at that time Secretary of the Board of Education. Governor Ireland appointed Mr. Baker Super- intendent in May, 1884. In November, 1884, he was elected to the same office by the people for a term of two years. ^ SECTION IV. STATE II^^STITUTIONS OF LEARKIN^G. — CHARITABLE IN^STI- TUTIONS. — PEI^ITEi^TIARIES. 1. Agricultural and Mechanical College. This institu- tion, near Bryan, was the first put in operation under the control of the State. It owes its existence to a donation from the United States Congress of 180,000 acres of land scrip, which was sold in 1871 for $156,000. 2. The State procured a tract of 2,200 acres of land, and appropriated money for the erection of suitable buildings. The Constitution makes this college a bi'anch of the State University. 3. The second institution inaugurated under the auspices of the State was the Sam Houston Normal Institute, at Huntsville. Here a certain number of students, selected from different parts of the State, receive gratuitous instruc- Sectioii IV.— 1 . To what does the Agricultural and Mechanical College owe its origin ? VVhere is it located ? >i. Of what is it a branch ? 3. What is the ohject of the Sam Houston Normal Institute ? 186 CHARITABLE INSTITUTIONS. tion, to prepare themselves for teaching. A limited num- ber also have their board paid by the State. This Institute has heretofore received from the Peabody fund $G,000 an- nually. 4. The Prairie View Normal School, near Hempstead, is a similar institution, supported by the State to educate colored teachers for colored schools. A limited number of colored pupils have their board paid by the State at this In- stitute. 5. There are also Summer Normal Institutes held for the instruction of teachers, in different parts of the State. These are supported altogether by the State. 6. The Constitution required the Legislature, as soon as practicable, to establish and provide for the maintenance of a State University for the jjromotion of literature and the arts and sciences. 7. The bill for the establishment of this University passed tlie Legislature in March, 1881, and was approved by Gov- ernor Eoberts. At a popular election in September following, the Literary and Law Departments were located at Austin, and the Medical Department at Galveston. 8. A beautiful design for University Buildings having been selected, in the years 1882 and 1883 the west wing was erected on a hill long known as College Hill, in the north- ern part of the city of Austin. The faculty was appointed by the board of Eegents, and the University opened for the re- ception of students, September 15, 1883. 4. Of the Prairie View school ? 5. How are the summer normal institutes supported? C. What duty did the Constitution impose on the Legislature? 7. When was the law passed for its establishment ? Where were the literary and law departments located ? The medical department ? 8. When was the institution opened for students ? PENITENTIARIES. 187 9. The State has four charitable institutions under its supervision and support. 10. Two of these are for persons of unsound mind ; one, beautifully located, supplied with buildings admirably adapted for the purpose of the Institution, is situated about three miles north of the city of Austin. Buildings for a second Asylum have been erected at Terrell. Governor Ireland especially recommended the establishment of this Asylum. 11. An Asylum for the Deaf and Dumb has been in opera- tion for twenty-seven years. It is located on the west side of the Colorado Eiver, in full view of the city of Austin. A State printing-office has been established in this asylum, of which the inmates are the compositors. 12. The Asylum for the Blind is located in the north-east- ern suburbs of Austin. In his message to the XlXth Legislature, Governor Ireland speaks in terms of highest commendation of the management of all these State charities. 13. During the period under review, the Peniten- tiary at Huntsville has. been enlarged to three times its former capacity, and further provision made for utilizing the labor of the convicts in profitable employments. 14. A second Penitentiary has been put in operation at Rusk, Cherokee County, and buildings erected for various manufactories, especially in iron. 15. In 1883, there were reported over 2,600 convicts 9. How many charitable institutions has the State? 10. Wiiat can be ^aid of the lunatic asylums? Where is the new one situated ? 11. What can be said of the Deaf and Dumb Asylum ? 1:3. Of the Asylum for the Blind ? Of the management of these State charities ? 13. W^hat is said of the Huntsville Penitentiary ? 14. Of that at Rusk? What industries are provided for there ? 15. How many can be accommodated in the walls of the penitentiaries ? Are the penitentiaries now an expense to the State ? 188 STATE CAPITOL. in the State, of whom not more than about sixteen hun- dred could be accommodated in the two institutions. During the year 1884, the labor of the convicts paid the expenses of the two penitentiaries. The most profitable labor was'that of convicts hired outside of the walls. 16. While there is a constant increase in the number convicted of crimes in our courts, and sentenced to the penitentiaries, the percentage of crime to population is on the decrease, and not greater than that of other States and countries. SECTION V. STATE CAPITOL. — RAILROADS. — COKCLUSION. 1. The State-house, erected in 1852 at the head of Con- gress Avenue, was destroyed by fire on the 6th of November, 1881. 2. In 1882 a building was erected on Congress Avenue to be used as a temporary capitol. 3. But previous to this, in 1875", the Constitutional Con- vention had set apart 3,000,000 acres of public land for the erection of a new capitol. 4. Work was commenced upon the foundation in 1883, and had progressed so far that, on the 2d of March, 1885, the corner-stone was laid with im^DOsing ceremonies. 5. The edifice will be of the best material, with granite 16. What is said of the number of convictions for crime ? Of the percentage of crime to population ? Section V.— 1. When was the old State House burned ? J8. When a temporary one erected ? 3. What provision had the Constitution of 1875 made for a new State House ? 4. When was the corner-stone of the new structure laid ? 5. Describe the new State House ? RAILROADS. 189 water-table and columns, and, according to the plan, will rise three stories above the basement, the dome reaching a height of 311 feet ; its greatest length 560 feet ; its width 288. It wall contain in all fifty-one rooms, affording accommodation for both branches of the Legislature, for the higher courts, for executive offices, committee rooms, etc. etc. Two ele- vators afford convenient access to the upper stories. 6. In 1874 there were about fifteen hundred miles of railway in operation in Texas, and but one road connecting our State with the great North-west. 7. In 1885, there are over six thousand miles of railway, the lines penetrating almost every section of the State, con- necting Texas with the Northern, Eastern, and Western States. Two roads cross the entire State from east to west, leading to California, and three roads point to the city of Mexico, crossing the Rio Grande at El Paso, Eagle Pass, and Laredo, connecting the most important centers of trade and population in the United States with those of our sister republic. 8. A general railroad law fixes the price of passenger fare on all roads at three cents per mile. The roads favor im- migration by carrying immigrants at about one cent ^^er mile. 9. Co:n^clusiok. — (1.) During the period under review, the wealth and population of the State have more than doubled. 6 . How many miles of railways in Texas in 1874 ? 7. How many ruacls in 1885 ? How many forming Eastern and Northern connec- tions ? How many with the Pacific Coa^t ? How many roads cross the Rio Grande ? 8. What is the price of railway fare per mile ? What the general fare for intro- ducing immigrants ? 9. What is said (1) Of the increase in wealth and population? (2) Of the im^ provement in the educational system ? (3) Of our live stock and agricultural prod- ucts? (4) Of our State asylums ? (5) Of our increased railway facilities ? (6) In general of the improvement in our State? 190 CONCLUSION. (2.) A State University and State Normal schools haye been established, and our free school system greatly improved. (3.) Our live stock and agricultural products have in- creased more than a hundred-fold. (4.) Our asylums have been enlarged and improved. (5.) Our railway facilities have been increased more than four fold, connecting Texas with all parts of the United States, and a large portion of Mexico. (6.) In general, there is great improvement in all the institutions of civil society, and in the administration of the laws. CONSTITUTION or THB STATE OF TEXAS. ADOPTED BY THE CONSTITUTIONAL CONVENTION CONVENED At AUSTIN, SEPTEMBEK 6, 1875, AND KATIFIED BY THE PEOPLE, FEBRUARY 15, 1876. PREAMBLE. Humbly invoking the bleesing of Almighty God, the people of the State of Texas do ordain and establish this Constitution. ARTICLE L BILL OF RIGHTS. That the general, great, and essential piineiples 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- tutio7i3 and the perpetuity of the Union depend upon the preservation of the right of local self-government unimpaired to all the States. Sec. 2. All political power is inherent in the people, and all free govern- ments are founded on their authority, and Instituted for their benefit. Thn faith of tlie people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they havc at all times the inalienable right to alter, reform, or abolish their gov- ernment 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. 192 CONSTITUTION OF THE Sec. 4. No religious 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 seutimcuts, provided he acknowl- edge 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 upon the conscience, and shall be taken subject to the pains and penalties of perjury. Sec. 6. 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 religious society or mode of worship. But it sball be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public wor* ship. 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, wi-ite, 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 tlie publication of papers investigating the con- duct of officers or men in public capacity, or when the matter published is proper for public 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 court, 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 eearch any place, or to seize any person or thing, shall issue witliout 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 speeJy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation agamst 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 STATE OF TEXAS. 193 \/ith 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. Src. 11. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident ; but this provision shall not be 60 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, person, or reputa- tion shall have remedy by due course of law. Sec. 14. No person, for the same offence, shall be twice put in jeopardy of life or liberty ; nor shall a person be a^ain 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 to maintain its purity and efficiency. Sec. 16. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made. Sec. 17. No person'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 tlie use of the titate, such compensation shall be first made, or secured by a deposit of money ; and no irrevocable or uncontrollable grant of special privileges or Immunities shall be made ; but all privileges and franchises granted by the Legislature, 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 disfrancliised, except by the due course of the law of the land. 194 CONSTITUTION OF TEE Sec. 20. No person shall be outlawed ; nor shall any person be tran» ported out of the State for any offence committed within the same. Sec. 21. No conviction shall work corruption of blood, or forfeiture oi 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, or adhering to its enemies, giving them aid and comfort ; and no person shall be convicted of treason except on the testimony of two -syit- 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 prevent 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. 36. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed ; nor shall the law of primogeniture 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 grievances 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 transgressions of the high powers herein dele- gated, we declare that everything in this '* Bill of Rights " is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void. ARTICLE IL THE POWERS OP GOVERNMENT. Section 1. The powers of the goveniment 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 tliose which ar» ■'"4icial to an- STATE OF TEXAS. 195 other ; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. ARTICLE III. LEGISLATIVE DEPAKTMENT. Sec! riON 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 thirty-one members, and shall never be increased above this number. The House of Representatives shall con- sist of ninety-three members until the first apportionment after the adop- tion of tills 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 inhab- itants ; provided^ the number of Representatives shall never exceed one hundred and Miy. 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 apportion- ment, and the Senators elected after each apportionment shall be divitled 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 tho 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 citizer of the United States, and at the time of his election a qualified elector of .t.g State, and shall have been a resident of this State five years next preceding his elec- tion, and the last year thereof a resident of the district for which hesLall 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, and shall have been a resident of this State two yeais next preceding his election, the last year thereof a resident of the district for whicli he Bhall be chosen, and shall liave attained the age of twenty-one years lOG CONSTITUTION OF THE 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 the duties of the Lieutenant-Governor in ary 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 tlie 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 eacli 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 sliall, at the desire of any three luembers present, be entered on the journals. Sec. IB. When vacancies occur in either House, the Governor, or the person exercising tiie power of the Governor, shall issue writs of elcctiou 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 ofiicer 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 place 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 imprison- ment shall not, at any one time, exceed forty-eight liours. Sec. 16. The sessions of each House shall be open, exneptthe Senate, when in executive session. STATE OF TEXAS. 197 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. Sec. 18. No Senator or Representative sliall, 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 tlie term for which he is elected, be eligible to any office or place, the appoint- ment to which may be made, in whole or in part, by either brancli of the Legislature ; and no member of either House shall vote for any other mem- ber for any office whatever^wliich may be filled by a vote of the Legisla- ture, except in snch cases as are in this Constitution provided. Nor 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 of any court of record, or any person 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 tlie 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 which he may have been entrusted. 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 Sena1*or or Representative 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 Article. 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 ( xceeding two dollars per day for the remainder of the session; except the first session held under this consti- tution, when they may receive not exceeding four dollars per day foj* the first ninety days, and after that not exceeding two dollars per day for the ••emainder of the session. In addition to the per diem the members of each Jouse shall be entitled to mileage in going to and returning from the seat 108 CONSTITUTION OF THE 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 or water routes ; and the Comptrol- ler of the State shall prepare and preserve a table of distances to each county seat now or hereafter to be established, and by such table the mile- age of each member shall be paid; but no member sliall be entitled to uiileige for any extra session that may be called within one day after the iijournment of a regular or called session. Sec. 25. The State shall be divided into senatorial districts of conti>i'uou9 territory, according to the number of qualified electors, as nearly as may be, and each district shall be entitled to elect onelienator, 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 in each, as nearly as may be, on a ratio obtained by dividing the 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 suflScient population to be entitled to a Represent- ative, 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 anj' other contiguous county or counties. Sec. 27. Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law. Sec. 28. The Legislature shall, at its first session after the publication of each United States decennial census, apportion the State into senatoria and representative districts, agreeably to the provisions of Sections 25 and 26 of this Article ; and until the next decennial census, when the first ap- portioi\ment shall be made by the Legislature, the State shallll be and it is hereby divided into senatorial and representative districts, as provided by an ordinance of the Convention on that subject. proceedings. Sec. 29, The enacting clause of all laws shall be, ''Be it enacted by the Legislature 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. STATE OF TEXAS. 199 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 allow(*d thereon; but iu cases of imperative public necessity (which necessity shall be stated in a preamble, 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 takea 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 bills. Sec. 34. After a bill has been considered and defeated by either House of 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 considered 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 which moneys are appropriated) shall contain more than one subject, which shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall bo void only as to so much thereof as shall not be so 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- cnaetcd and published at length. Sec. 37. No bill shall be considered, 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 ad- journment of the session at which it was enacted, unless in case of an emergency, which emergency 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 bo taken by yeas and nays, and entered upon the journals. 200 CONSTITUTION OF THE Sec. 40. When the Legislature shall be convened in special session, tlier? Bhall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session, or presented to them by the jovernor : 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 ot their officers. REQUIREMENTS AND LIMITATIONS Sec. 42. The Legislature shall pass such laws as may be necessary to carry into effect the provisions of this Constitution. Sec. 43. The first session of the Legislature under this Constitution 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. Sec. 44. Tlie 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 contractors, after such public service shall have been per- formed or contract entered into for the performance of the same; nor grant, by appropriation or otherwise, au}'^ amount of money out of the treasury 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- ical administration of the government, in which may be included the fol- lowing purposes : STATE OF TEXAS. 201 The payment of all interest upon the bonded debt of the State ; The erection and repairs of public buildinofs ; The benefit of the sinking fund, whicli shall not be moi'e 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 l)e 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 a.ny one time two hundred thousand dollars. Sec. 50. The Legislature shall have no power to give or to lend, or to au- thorize 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 pledge the credit of the State in any manner whatsoever, for the payment of the liabilities, present or prospective, of any individual, association of individu- als, muYki^al 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, associ- ation of individuals, municipal or other corporation whatsoever ; jjrovidedy 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 money or thing of value, in aid of or to any individual, association, or corporation whatsoever; or to become a Btockholder in such corporation, association, or company. Sec. 53. The Legisla-ture 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 haa been rendered, or a contract has been entered into, and performed in whole 202 CONSTITUTION OF THE or in part; nor pay, nor authorize the payment of, any claim created against any county or municipality of the State, under any agreement or contract, made witliout 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 on- forced 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 in- debtedness, 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 l)ridges, or incorporating ferry or bridge compa- nies, except for the erection of bridges crossing streams which form boun- daries 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 ; Granting divorces ; Creating offices, or prescribing the powers and duties of officers, in coun- ties, cities, towns, election, or school districts ; Changing the law of descent or succession ; Regulating the practice or jurisdiction of, or changing the rules of evi- dence in any judicial proceeding or enquiry before courts, justices of the peace, sheriffs, commissioners, arbitrators, or other tribunals, or providing or clianging methods for the collecti(m of debts, or the enforcing of judge- ments, or prescribing the effect of judicial sales of real estate ; Regulating the fees, or extending the powers and duties of aldermen, justices of tlie 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 ; STATE OF TEXAS. 203 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 treasiny ; 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 other wise 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 niilroads 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 ehall be construed to prohibit 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 in- tention 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. Sec. 58. The Legislature shall hold its sessions at the city of Austin, Which is hereby declared to be the Seat of Government. ARTICLE IV. EXECUTIVE de:»artment. Section 1. The Executive Department of tlie State shall consist of a Governor, who shall be the chief Executive Officer of the State, a Lieuten- ant-Governor, Secretary of State, Comptroller of Public Accounts, Treas- Tirer, Commissioner of the General Laud Office, and Attorney-General. Sec. 2. All the above officers of the Executive Department (except Sec- re^.ary of State) shall be elected by the quulitied voters of the State ai 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, df- ^04 CONSTITUTION OF THE rected to the Secretary of State, who shall deliver the same to the Speakei of the House of Representatives, as soon as the Speaker shall be chosen ; and the said Speaker shall, during the tirst week of the session of the Legislature, open and publish them in the presence of both Houses of the Legislature. The person, voted for at said election, having the highest number of votes for each of said offices respectively, and being constitu- tionally 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 Legislature. 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 liold 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 any salary, reward, or compensation, or the promise thereof, from any person or corporation, for any service rendered or perform- ed during the time he is Governor, or to be thereafter rendered or performed. Sec. 7. Pie 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. Sec. 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 STATE OF TEXAS. 205 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 accompany his message with a statement of the same. And at the com- mencement of each regular session he shall present estimates of the amount of money required to be raised by taxation for all purposes. Sec. 10. He shall cause the laws to be faithfully executed ; and shall conduct, in person, or in such manner as shall be prcscrilied by law, all in- tercourse 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 cases of treason, and to this end he may respite a sentence therefor, until the close of the succeeding session of the Legislature ; provided^ that in all cases of remissions of fines and forfeitures, or grants of reprieve, commutation of punishment, or par- don, he shall file in the oflUcc 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 othei person to fill such vacancy, shall be nominated to the Senate during the first ten days of its session. If rejected, said office shall immediately be- come vacant, and the Governor shall, without delay, make further nomina- tions, until a confirmation takes place. But should there be no confirma- tion during the session of the Senate, the Governor shall not thereafter ap- point 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. IB. During the session of the Legislature the Governor shall reside where its sessions are held, and at all other times at the seat of government, 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 Bhall sign it ; but if he disapprove it, he shall return it, with his objections, to the House in which it originated, which House shall enter the objectiona 20G CONSTITUTION OF THE at laro^e upon its journal, and proceed to reconsider it. If, after such recon* sideration, two-thirds of the members present agree to pass the bill, it shall be sent, with the objections, to the other House, 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 shall be determined I)y yeas and nays, and the names of the membeis voting for and against the bill shall be entered on tlie journal of each House re- spectively. If any bill shall not be returned by the Governor with his ob- jections witliin 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 office of the Secretary of State, and give notice tliereof 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 Legislature be in session he shall transmit to the House in which the bill originated a copy of such statement, and the items 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 any such bill, containing several items of appropriation, not having been presented to the Governor ten days (Sundays excepted) prior to adjournment, be in the hands of the Governor at the time of ad- journment, he shall have twenty days from such adjournment within which to file objections to any items thereof and make proclamation of the same, and such item or items shall not 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 approved 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. 16. There shall also be a Lieutenant-Governor, 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 Goveinor and for whom aa 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 when the Senate is equally divided, to give the casting vote. In case of the death, resignation, removal STATE OF TEXAS. 207 from office, inability, or refusal of the Governor to serve, or of his impeach ment or absence from the State, theLieutenant Governor shall exercise the powers and authority appertuinini^ 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 disability be removed. Sec. 17. 11, during the vacancy in the office of Governor, the Lieutenant- Governor should die, resi<;n, refuse to serve, or be removed from office, or be unable to serve, or if he shall be impeached or absent from the State, the pi-esident of the Senate, for the time being, shall, in like manner, ad- minister 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 which 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 in 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 the office of Governor shall, during the entire term to which he may succeed, be under all the restrictions and inhibitions Imposed in this Con- stitution 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 points, 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 regis- ter of all official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative 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 hia •evvices an annual salary of two thousand dollars, and no more. 208 CONSTITUTION OF THE Sec. 22. The Attorney-General shall hold his office for two years and Until his successor is duly qualified. He shall represent the State in all suita and pleas in the Supreme Court of the State in which the 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 corpo* ration from exercising any power or demanding or collecting any species cf 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 perform such other duties as may be required by law. He shall reside at the seat of government during 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 whicli he may receive shall not amount to more than two thousand dollars annually. Sec. 23. The Comptroller of Public Accounts, the Treasurer, and the Com- missioner 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 capital 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 maybe payable by law for any service performed by any officer specified in this section, or in his office, shall be paid, Avhen 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 moneys and choses in action received and disbursed or otherwise disposed of by them, severally, from all sources, and for every service performed ; and a semi-annual report thereof shall be made to the Governor under oath. The Governor may, 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 make 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. STATE OF TEXAS. 209 providing for their suspension from office on reasonable cause shown, and for the appointment of temporary incumbents of tlieir offices during such Buspension. Sec. 26, The Governor, by and with the advice and consent of two-thirda of the Senate, shall appoint a convenient number of notaries 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 Supreme Court, in a Court of Appeals, in Distiict Courts, in County Courts, in Commissioners' 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 tlie census of the United States or other official census ; provided^ such town or city shall support said Criminal District Courts when established. The Criminal Dis- trict Court of Galveston and Harris counties shall continue with the district, jurisdiction, and organization now existing by law, until otherwise provided by law. Sec. 2. Tlie Supreme Court shall consist of a Chief Justice and two Asso- ciate Justices, any two of whom shall constitute a quorum, and the concur- rence of two judges shall be necessary to the decision of a case. No person eliall be eligible to the office of Chief Justice or Associate Justice of the Su- preme 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- years, 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 hy 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 live 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 next general election for State officers, and at such general election the vacaney 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 from interlocutory judgments of the Dia- 9 210 CONSTITUTION OF THE 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 sucli regulations as may be prescribed by law, the writ oi man- damus^ and all other writs necessary to enforce the jurisdiction of said court. Tlie Supreme Court shall have power, upon affidavit or otherwise, as by the coart may be thought proper, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. The Supreme Court Bhall sit fcr the transaction of business from the first Mondoy 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 shall be subject to lemoval 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 couit. I'hey 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 thirty years at the time 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 seven years. Said judges shall hold their offices for a term of six years, and each of them shall receive an annual salary of three thousand 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 with 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 shall have power to is?ue the writ of habeas corpus; and under such regulations as may be prescribed by law, issue such writs as may be necessar}' 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 mutters of fact as mny be necessary to the exercise of its jurisdiction. Tht Court of Appeals shall sit for the transaction of business from the first Monday 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 STATE OF TEXAS. 211 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, entered of record ou the minutes of said court. Sec. 7. The State shall be divided into twenty-six judicial districts, which maybe increased or diminished by the Legislature. For each distiict th ire shall be elected, by the qualified voters thereof, at a general election fo members of the Legislature, a judge, who shall be at least twenty-five years ©f 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 naxt before his election ; shall reside in his district during his term of office ; shall hold his office for the term of four years ; 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 thereof is absent, or is from any cause dis- abled or disqualified from presiding. Sec. 8. 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 land, and for the enforcement of liens thereon ; of all suits for trial of right to property 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 coi^pus in felony cases, mandamu.-^, injunction, certiorari, and all writs necessary to enforce their jurisdiction. The District Courts shall have appellate jurisdiction and general control in probate 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 wiiich the Court of Appeals has 212 CONSTITUTION OF THE appellate jurisdiction under the provisions of this Article, shall, ns soon ai practicable after the establishment of said Court of Appeals, be certified, and the records transmitted to the Court of Appeals, and sliail 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 count}' 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 jur}'. In case of vacancy the judge of tlie 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 impanelled 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 prescribed 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 the Appellate Court, or any two of the members of either, shall be thus disqualified to hear and determine any case 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 determina- tion of said cause or causes. When a judge of the District Court is dis- qualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case ; or, upon their failing to do so, a competent person may be appointed to try the same in the county where il is pending, in such manner as may be prescribed by law. And the District Judges may exchange districts, or hold courts for each other, when they 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. 13. 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 ol Texas." All prosecutions 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 STATE OF TEXAS. 213 of twelve men; but nine members of a .^rand jury shall be a quorum to transact bu.siness and present bills. In trials of civil cases, and in trials of criminal cases below the orade of felony, in the District Courts, nine mem- bers of the jury, concurring, may render a verdict, but when the verdict shall be rendeied by less than the wliole number, it shall be signed by evary 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 iitting, tlie remainder of the jury shall have ll>e power to render the ver- dict ; provided^ that tlie Legislature may change or modify the rule author- izing less than the wnole number of the jury to render a verdict Sec. 14. The Judicial Districts in tl^s State and the time of holding tlie coLiits 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 Court, which shall be a court of record ; and there shall be elected in each county, by the qualified voters, a County Judiie, who shall be well informed in the law of the State ; shall be a conservator of the peace, and shall hold his office for two years, and until his successor shall be elected and quali- fied. He shall receive as a compensation for his services sucli fees and perquisites as may be prescribed 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 Jus- tice'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 they shall have exclusive original jurisdiction in all civil cases when the matter in controversy shall exceed in value two hundred dollars, and not exceed five hundred dollars, exclusive of interest ; and concurrent jurisdic- tion with the District Courts, when tlie matter in controversy shall exceed five hundred and not exceed one thousand dollars, exclusive of interest; but shall not have jurisdiction of suits for the recovery of land. They shall have appellate 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 appealed from shall exceed twenty dollars, exclu- sive 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 exceed one hundred dollars such trial shall be final ; but if the judgment rendered or fine imposed shall exceed one hundred dollars, as well as in all cases, civil and criminal, of whicli the County Court has ex- clusive or concurrent 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. 214 CONSTITUTION OF THE Ihey shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards, grant letters testament- arj' and of administration, settle iiccounts of executors, administrators, and guardiauf., transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards, including 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 jurisdiction of said courts ; and to issue writs of habeas corpus m cases where the offence charged is within the jurisdiction of the County Court, or any otiier court or tribunal inferior to said court. The County Court shall not have criminal jurisdiction in any county where there is a Criminal Dis- trict Court, unless expressly conferred bylaw ; and in such counties appeals from Justice's Courts and other inferior courts and tribunals, in criminal cases, shall be to the Criminal District Courts, under such regulations as may be prescribed by law, and in all such cases an appeal shall lie from such District Courts to the Court of Appeals. Any case pending in tlie County Court, which the County Judge may be disqualified to try, sliall be trans- ferred to the Disti'ict Court of tlie same county for trial : and where tlierc exists any cause disqualifying the County Judge for the trial of a cause of which the County Court has jurisdiction, the District Court of sucli 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, either in term-time or vacation, as may be provided by law ; and said court shall hold a term for criminal business once in every month, as may be provided by law. Prosecutions may be commenced in said court by information filed by the County Attorney, or by aflldavit, as may be provided by law. Grand juries impanelled in tlie District Courts shall Inquire into misde- meanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts, or other inferior courts having jurisdiction to try them, for trial; and if sucli indictment be quashed In the County or other infeiior court, the person charged shall not be dis- charged 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 tlie County Court shall consist 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 tiiat lie is unable to pay the same. Src. 18. Each organized county in the State, now or heieafter existing, shall be divided from time to time, for the convenience of the people, into precincts, not less than four and not more than eight. The present County r STATE OF TEXAS. 215 Courts shall make the first division. Subsequent divisions shall be made by the Commissioners' Court, provided for by this 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; provided^ that in any precinct in which there may be a city of eight thousand or more in- habitants, there shall be elected two Justices of the Peace. Each countj shall in like maimer be divided into four commissioners' precincts, in each of wliich there shall be elected, by the qualified voters thereof, one County Commissioner, who shall hold his office for two years, and until his succes- sor shall be elected and qualified. The County Commissioners so chosen, witli the County Judge, as presiding officer, shall compose the County Commissioners' Court, which shall exercise such powers 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 matters of all cases where the amount in controversy is two liundred dollars or less, exclusive of interest, of which exclusive original jurisdiction is not 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 prescriljed by law ; and appeals to the County Courts shall be allowed in all cases decided in Jus- tice's Courts where the judgment is for more than twenty dollars exclusive of costs, and in all criminal cases, under such regulations as may be pre- scribed by law. And the Justices of the Peace shall be ex-officio 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 by 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 ; provided, that in 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 Dis- trict and County Clerk. Sec. 21. A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of two years. In case of vacancy, the Commissioners' Court of the county shall have power to appoint a County Attorney until the next 216 CONSTITUTION OF THE general election. The County Attorneys shall represent the State m al. cases in the District and inferior courts in their respective counties ; but if any county shall be included in a district in wliich there shall be a Distric* Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be reguluted by the Legislature. The Legislature may provide for the election of District Attorneys in such districts as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys ; provided. 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 ofiice for the term of two years, whose duties, and perquisites, and fees of office, shall be prescribed 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 tlie District Courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by low, upon the cause therefor being set forth in writing, and the finding of its truth by a jury. Sec. 25. Tlie Supreme Court shall liave 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 Courts, over which jurisdiction is given by this Constitution to the County Courts, or other inferior courts, to such County or infeiior 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. STATE OF TEXAS. 217 ARTICLE VI. SDFFKAGE, Section 1. The following classes of persons shall not be allowed to vote In this State, to wit : First. — Persons under twenty-ona years of age. Second. — Idiots and lunatics. Third. — All paupers supported by any county. Fourth. — All persons convicted of any felony, subject to such exceptions as the Legislature may make. Fiftli. — 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, who shall have attained the age of twenty-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 year next preceding such election, and the last six months in the county in which he offers 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 precinct in the county to which such county is attached for judicial purposes. Sec. 3. All qualified electors of the State, as herein described, who sliall have resided for six months immediately preceding an election within the limits of any city or corporate town, shall liave the right to vote for Mayor and all other elective oflftcers ; 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 pre- serve the purity of the ballot box ; but no law shall ever be enacted requir- ing 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 io going to and returning therefrom. 218 CONSTITUTION OF THE ARTICLE Vn. 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 ol tlie 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 appropriated for the support of public schools ; all the alternate sections of land reserved by the State out of grants heretofore made, or that may hereafter be made to railroads, or other corpoi-ations, of any nature what- soever ; 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 portion of the same, shall constitute a perpetual 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 tlie ages of twenty-one and sixty years, for the benefit of the public free schools. Sec. 4. The land herein set apart to the public free school fund shall be sold under such regulations, 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 purchasers 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 provided for, in the bonds of this State, if thf 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. 5. Tlie 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 scholas- tic 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 STATE OF TEXAS, 219 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 ands 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 •aid court, which price shall not include the value of existing impiovomenta 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 proceeds to be invested in bonds of the State of Texas, or of the United States, and only the interest thereon to be used and expended annually. Sec. 7. Separate schools shall be provided for the white and colored chil- dren, and impartial provision shall be made for both. Sec. 8. The Governor, Comptroller, and Secretary of State shaU consti- tute a Board of Education, who shall distribute said funds to the several counties, and perform such other duties concerning public schools as may be prescribed by law. ASYLUMS. Sec. 9. All lands heretofore granted for the benefit of the Lunatic, Blind, Deaf and Dumb, and Orphan Asylums, together with such donations as may have been or may hereafter be made to either of them, respectively, as indicated in the several grants, are hereby set apart to provide a perma- nent 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 proceeds in manner as provided for the sale and investment of school lands 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 this State, and styled "The University of Texas," for the promotion of literature, and the arts and sciences, including an agricultural and mechanical department. Slc. 11. In order to enable the Legislature to perform the duties set forth In th^ 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 ol sales of the same, heretofore made or hereafter to be made, and all ^;ra?its, donations, and appropriations that may hereafter be made by the State »>i 220 CONSTITUTION OF TEE Texas, or from any otliei source, shall constitute and become a permauenl upiversity 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), sliall 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 ftccomplish the purpose declared in the foregoing section ; jorovitied, 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 establisli '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 au act of the Legislature, passed April 17, 1871, located in the county of Brazos, is liereby made and constituted a branch of the University of Texas, for instruction in agriculture, the mechanic arts, and tlie natural sciences connected therewith. And the Legislature shall, at its next session, make an appropriation, 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 appropriated out of the general revenue, either for this purpose or for the establishment and erection of ihe buildings of the University of Texas. Sec. 15. In addition to the lands heretofore 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 million &< res 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 purchasers of said lands. STATE OF TEXAS. 221 ARTICLE VIII. TAXATION AND REVENUE. Section 1. Taxation shall be equal and uniform. All property in thii State, whether owned by natural persons or corporations, other than mu* nicipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law. The Legislature may impose a poll tax. It may also impose occupation taxes, both upon natural persons and upon cor- porations, other than municipal, doing any business in this State. It may tax incomes of both natural persons and corporations, other than mu- nicipal, except that persons engaged in mechanical and agricultural pursuits shall never be required to pay an occupation tax ; provided^ that two hundred and fifty dollars worth of household and kitchen furniture, belonging to each family in this State, shall be exempt from tax- ation ; and provided further, that the occupation tax levied by any county, city, or town, for any year, on persons or corporations pursuing any pro- fession or business, shall not exceed one-half of the tax levied by tlie State for the same period on such profession or 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 protit; all buildings used exclusive- ly and owned by persons or associations of persons for school purposes (and tlie necessary furniture of all schools), and institutions of purely pub- lie charity ; and all laws exempting property from taxation other than the property 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 party. Sec. 5. All property of railroad companies, of whatever description, lying or being within the limits of any city or incorporated town within this State, shall bear its proportionate sliare of municipal taxation ; and if any such property shall not have been heretofore rendered, the 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 appropriations made by law ; nor shall any appropriation of monev 222 CONSTITUTION OF THE be made for a longer term than two years, except b\' the first Legislature to as semble under tliis Constitution, which may make the necessary appropriations to carry on the government until the assemblage of the Sixteenth Legislature. Sec. 7. Tlie Legislature shall not have power to borrow, or in any mau' ner divert from its purpose any special fund that may, or ought to, corae into the treasury ; and shall make it penal for any person or persons to borrow, withhold, or in any manner to divert from its purpose any special fund, or any part thereof. Sec. 8. All property of railroad companies shall be assessed, and the taxes collected in the several counties in which said property is situated, including 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 where the principal ofiice of the company is located, and the county tax paid upon it shall be apportioned by the Comptroller, in proportion to the distance such road 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 dollara 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 erec- tion of public buildings, not to exceed fifty cents on the one hundred dol- lars in any one year, and except as in this Constitution is otherwise provided. 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. Sec. 11. All property, whether owned by persons or corporations, shall be assessed for taxation, and the taxes paid in the county where situated, but the Legislature n)ay, 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 tb3 proper oflflcer. 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 atta.ched 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. .STATE OF TEXAS. 223 Sec. 13. Provision shall be made by the first Legislature for the speedy sale of a sufficient portion of all lands and otlier property for tlie 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 tlius sold shall be held to rest a good and perfect title in tlie purchaser thereof, subject to be im- peached only for actual fraud ; provided, that the former owner shall, within two years from date of purchaser's deed, liave the riglit to redeem the land upon the payment of double the amount of money paid for the land. Sec. 14. There 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 sliall hold his office for two years, and until his successor is elected and qualified. Sec. 15. The annual assessment made upon landed property shall be a special lien tliereon, and all property, both real and personal, belonging 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 tlie payment of tlie 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 tliousand 'iihabitants, 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 of taxation shall not deprive the Legislature of the power to require other subjects or ob- jects to be taxed in such manner as may be consistent with the principles of taxation fixed in this Constitution. Seo, 1^ The Legislature shall provide for equalizing, as near as maybe, the valuation of all property subject to or rendered for taxation (the County Commissioner's Court to constitute a board of equalization) ; and may also provide for the classification of all lands, with reference to their value iu the several counties. ARTICLE IX. COUNTIES. Section 1. The Legislature shall have power to create counties for th« convenience of the people, subject to the following provisions : First. — In the territory of the State exterior to all counties now es Isting, no new counties shall be created with a less area than nine hundred squara 224 CONSTITUTION OF TEE miles, in a square form, unless prevented by pre-existing boundary lines. Should tlie State lines render this impracticable in border counties, the area may be less. The territory referred to may, at any time, in wliole 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. iSecond. — Witliin the territory of any county or counties now existing, no new county sludl be created with a less area tlian seven liundred square miles, nor sliall an}' such county now existing be reduced to a less area than seven hundred square miles. No new counties shall be created so as to approacli nearer than twelve miles of the county seat of any county from which it may, in whole or in part, be taken. Counties of a less area tiiau 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 less than seven hun- dred square miles, by a like two-thirds vote. When any part of a county is stricken off and attached to or created into another county, the part stricken 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 nianm-r as may be provided by law, to a vote of the electors of both counties, and shall have leceived a majority of tliose voting on the question in each. COUNTY SEATS. Sec. 3. The Leuislature shall pass laws regulating the manner of remov- ing county seats, but no county seat situated witliin five miles of the geo- gi'aphical 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 five miles from the geographical centre of the county to a point within five miles of such centre, in cither case the centre to be determined by a certificate from the Commissioner of the General Land Ofllice. ARTICLE X. RAILROADS. Sbction 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 STATE OF TEXAS. 225 railroads of other States. Every railroad company shall have the richt, vrith its roa«l, to intersect, connect with, or cross any other railroad ; and shall receive and transport each the other's passengers, tonnage, and cars, lOiided or empty, without delay or discrimination, under such regulations &c shall be prescribed by law. Sec. 2. Railronds heretofore constructed, or that may hereafter be con- structed in this State, are hereby declared public highways, and railroad companies common carriers. The Legislature shall pass laws to correct ftbusts and prevent unjust discrimination and extortion in tlie rates of freight and passenger tariffs on the different railroads in this State ; and shall from time to time pass laws establishing reasonable maximum rates of charges for the ti-ansportation of passengers and freight on said railroads, and enforce all such laws by adequate penalties. Skc. B. Every railroad or other corporation, organized or doing business in this State under the laws or authority thereof, shall have and maintain a public office or place in tliis 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, in 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 transfer, 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 president 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 may be prescribed by law. The Legislatuie 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 i)roperty, or any part thereof, shall be liable to execution and sale in the same manner as the property of indi- 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, purchasers, or managers of any railroad corporation, shall consolidate the stock, property, or franchises of such corporation with, or lease or purchase the works or franchises of, or in any way control any railroad corporation owning 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. 226 CONSTITUTION OF THE Sec. 6. No railroad company orjj^anized 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 grantini^ the right to construct and operate a street railroad within any city, town, or village, or upon any public highway, without first acquiring the consent of the local authorities having control of the street or highway proposed to be occu- pied by such street railroad. Sec. 8. No railroad corporation in existence at the time of the adoption of this Constitution shall have the benefit of any future legislation, except on condition of complete acceptance of all the provisions of this Constitu- tion applicable to railroads. Sec. 9. No railroad hereafter constructed in this State shall pass within a distance of three miles of any count}' seat without passing through the same, and establishing and maintaining a depot therein, unless prevented by natural obstacles, such as stieams, hills, or mountains; provided, such town or its citizens shall grant the right of way through its limits, and suf- •jcient ground for ordinary depot purposes. ARTICLE XL municipal corporations. Section 1. The several counties of this State are hereby recognized aa legal subdivisions 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 shall hereafter 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 obligation heretofore undertaken pursuant to law. Sec. 4. Cities and towns having a population of ten thousand inhabitants or less, may be chartered alone by general law. They may levy, assess, and collect an annual tax to defray the current expenses of their local gov- ernment, but such tax sliall never exceed, for any one year, one-fourth of one per cent., and shall be collectable only in current money. And all 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. i STATE OF TEXAS. 227 Sec. 5. Cities having more than ten thousand inhabitants may have theil cliarters granted or amended by special act of the Legislature, and may levy, assess, and collect such taxes as may be authorized by law, but no tax for any purpose shall ever be lawful, for any one year, which shall ex- ceed 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 annually a sufficient sum to pay the intere&t 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 provided by law, to levy, assess, and collect the taxes necessary to pay the interest and provide a sinking fund to satisfy any 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 pay- ment of which such tax may have been levied. Sec. 7. All counties and cities bordering on the coast of the Gulf of Mexico are hereby authorized, upon a vote of two-thirds of the taxpayers 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 incurred 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 percent, 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 subject to ca- lamitous overflows, and a very large proportion of the general revenue being derived from those otherwise prosperous localities, the Legislature la especially authorized to aid by donation of such portion of the public do- main 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 propor- tioned to the extent and value of the works constructed, or to be con- structed, 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 engines and the furniture thereof, and all property used or intended for extinguishing fires, public grounds, and all other property devoted exclu- sively to the use and benefit of the public, shall be exempt from forced sale auu from taxation ; provided, nothing herein shall prevent the enforcement 228 CONSTITUTION OF THE oi the vendor's lien, the mechanic's or builder's lieu, or other liens now existing. 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 taxpayers of such city or town shall vote for such tax. ARTICLE Xa. PRIVATE CORPOHATIONS. Section 1. No private corporations shall be created except by general laws. Sec. 2. General laws shall be enacted providing for the creation of pri* vate corporations, and shall therein provide fully for the adequate protec- tion of the public and of the individual stockholders. Sec. 3. The right to authorize and regulate freights, tolls, wharfage, or fares levied and collected or proposed to be levied and collected by indi- viduals, 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 legislative control and depend upon 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 as 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, farce, 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. Notliing in this Article shall be construed to divest or affect rights guaranteed by any existing grant or statute of this State, or of the tiepublic of Texas. STATE OF TEXAS. 229 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 method for determinini!^ what lands have been for- feited, and for }>"iving effect to escheats ; and all sucli riglits of forfeiture 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 thia 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 recoi-d, or not duly archived in the General Land Office, or not in the actual possession of the grantee thereof, 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 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. Non-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 right thereto has re- verted to the State, and that said claim is a stnle demand, which presump- tion shall only be rebutted by payment of all taxes on said lands. State, ccunty, 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 where the land was situated at the time of such 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 230 COirSTlTUTION OF THE on the maps, or used as evidence in any of the courts of this State, and the same are stale chiiins ; 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 rl<»ht 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 wliich 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 Republic 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 appropriations 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 head rights of colonists of a league of land, or less, from compliance 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 the Legislature may establish such subordinate offices as may be deemijd necessary. 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 within five years after issuance, or be forever barred ; provided^ that all genuine land certificates heretofore 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- STATE OF TEXAS. 231 elgnty of the State, evidence of the appropriation of whicli is on the county records or in the General Land Office ; or when tlie 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 company except upon the following restriction* and conditions : First. — That there shall never be granted to any sucli corporation moio tlxan sixteen sections to the mile, and no reservation of any part of the public domain for the purpose of satisfying sucli grant shall ever be made. Second. — Tliat 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 terms 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- surve}'. The Legislature shall pass general laws onl}', to give effect to the provisions of this Section. Sec. 4. No certificate for laud 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 period, 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 otlier 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 ol the Attorney-General, in every instance where alienations have been or here- after maj" 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 beneficial interest beinir still in such corporation, to institute legal proceed- ings in the county where the seat of government is situated, to forfeit such lands to the State, and if such alienation be judicially ascertained to bfl fraudulent and colorable as aforesaid, such lands shall be forfeited to the Slate and becon::e a part of the vacant public domain, liable to pre-emption, location, and survey. Sec. 6. To every head of a family without a homestead there shall 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 three years, and pay 232 CONSTITUTION OF THE 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 pre^fcribed for heads of families. Sec. 7. The State of Texas hereby releases to the owner or owners of the sc'ii all mines and minerals that may be on the same, subject to taxation as Ovher property. Sec. 8. Persons residing between the Nueces river and the Rio Grande, and owning grants for lands which emanated from the government of Sjiain, or that of Mexico, which grants have been recognized and validated by the State, by acts of tlie Legislature, approved February 10, 1853, August 15, 1870, and other acts, and who have been prevented from complyingwith 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 Office ; 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. 3. 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 Sen- ators shall be on oath, or affirmation, impartially to try the party im- p<\ached, and no person shall he convicted without the concurrence of two- thirds of the Senators present. Sec. 4. Judgment in cases of impeachment shall extend only to removal liom office, and disqualification from holding any office of honor, trust, or profit, under this State. A party convicted on impeachment shall also ba 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 suspensioa of an officer, until the decision on the impeachment. STATE OF TEXAS. 233 Sec. 6. Any Judge of the District Courts of the State who is incompetent 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 perform 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 shall have original jurisdiction to hear and determine the causes aforesaid when presented in writing upon the oaths, taken before some Judge of a Court of Record, 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 either upon the knowledge of the persona making it or upon the written oaths as to the facts of creditable witnesses. The Supreme Court may issue all needful process and prescribe all needful rules to give effect to tliis section. Causes of this kind shall have pre- cedence 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. ADDKESS. 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 duty, incompetency, liabitnal drunkenness, oppression in office, or other reasonable cause wliich shall not be sufficient ground for impeachment ; provided, however, 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 ; and pro- vided further, 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 oi each House respectively. ARTICLE 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 Bwear (or affirm), that since the adoption of the Constitution of this State, r beinir a citizen of this State, have not fought a duel with deadly weai)on8, 234 CONSTITUTION OF THE ■within this State nor out of it, nor have 1 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 nor indirectly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable tliinij,', or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which 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 convicted 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 this Constitution, fight a duel with deadly weapons, or send or accept a chal- lenge to fight a duel with 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. Sec. 5. Every person shall be disqualified from holding any office of profit or trust in this State, who shall Iiave 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 an shall be prescribed by law. Sec. 7. The Legislature shall, in no case, have power to issue '* Treasui7 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 STATE OF TEXAS. 235 not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or of being elected or appointed to any office, under the ex- ceptions contained in this Constitution. Sec. 10. The Legislature shall provide for deductions from the salanea of public officers who may neglect the performance of any duty tlat may bo assigned them by law. Sec. 11. The legal rate of interest shall not exceed eight per cent, per an- ILum, in the absence of any contract as to the rate of interest ; and by con- tract parties may agree upon any rate not to exceed twelve per cent, 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 usur}'. Sec. 13. 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 exercise any office of profit or trust under tliis State. Sec. 13. It shall be the duty of the Legislature to pass such laws as may be necessaiy and proper to decide differences by arbitration, when the par- ties shall elect that method of trial. Sec. 14. All civil officers shall reside within the State ; and all district oi 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 afteivvard 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 bp 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 tliis State shall continue to perform the dutiei 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 Republic 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 iu the situation in which they were before the adoption of 236 CONSTITUTION OF THE this Constitution, unless otlierwise herein provided ; and provided further, that no cause of action heretofore barred shall be revived. Sec. 19. The Legislature shall prescribe by law the qualilication ot 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 intoxi- cating 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 the repairing and furnishing 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 maximum price, and under such regulations as shall be presciibed 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. 23. The Legislature shall have the power to pass such fence laws, applical)le 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; provided, that any local law thus passed shall be submitted to the freehold- ers 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 fines, forfeitures, and convict labor to all these purposes. 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 for to any common carrier, shipper, merchant, commission mer- chant, factor, agent, or middle-man of any kind, not the true and absolute STATE OF TEXAS. 237 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 cor.init a horai* cide, through wilful act, or omission, or t>"ross neglect, shall be re5i)0usibk, in exemplary damages, to the siuviving husband, widow, heirs of his orhef body, or such of them as there may be, without regard to any criminal j ro- ceediiig that may or may not be had in relation to the homicide. Sec. 27. In all elections to fill vacancies of oflSce 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 practitioners of medicine in this State, and to punish persons for malprac- tice, but no preference shall 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 pioper. 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. Tlie Legislature shall pass laws authorizing the Governor to lease or sell to the government of tlie United States a sufficient quantity of the public domain of tlie State, necessar^-for the erection of forts, barracks, arsenals, and military stations, or camps, and for other needful militaiy 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 Bimilar public works, against the failure of contractors and sub-contractors to pay their current wages when due, and to make the corporation, com- pany, or individual for whose benefit the work is done, responsible for thei< ultimate payment. 238 CONSTITUTION OF THE Sec. 36. The Legislature shall, at its first session, provide for the pay. ment, 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 tirst day of July, 1873, and for the payment by the school dis« tricts in the State of amounts justly due teachers of public schools by such district to January, 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 salai-y shall be prescribed by law. Sec. 39. The Legislature may, from time to time, make appropriations for preserving and perpetuating memorials of the history of Texas, by means of monuments, statues, paintings, 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, or promise any money or thing of value, testimonial, privilege, or personal advantage, to any executive or judicial officer or member of the Legisla- ture, to influence him in the performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law. And any member of the Legislature, or executive or 'udicial officer who shall solicit, demand, or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, cor- poration, or person, any money, appointment, employment, testimonial, reward, thing of value or employment, or of personal advantage or prom- ise thereof, for his vote or official influence, or for withholding the same, or with any understanding, 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 other advantage, matter, or thing afdl'esaid for another, as the consideration of his vote or official influence, in consid- eration of the payment 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 offences. With a forfeiture of the office they may hold, and such other additionai Dunishment as is or shall be provided by law. STATE OF TEXAS. 239 Sec. 42. The Legislature may establish an Inebriate Asylum for the cure cf drunkenness and reform of inebriates. Sec. 43. No man or set of men shall ever be exempted, relieved, or dis- charged fiom the performance of any public duty or service imposed by general law, by any special law. Exemptions from the performance of ■ucL public duty or service shall only be made by general law. Sec. 44. Tlie 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, wlio shall have an office at the county seat, and hold their office for two years, and until their successors are qualified; and shall have such compensation as may be provided 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 of the State, in such manner as they shall deem expedient, not incompatible 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. 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 property of all heads of families, and also of unmarried adults, male and female. Sec. 50. The homestead of a family shall be, and Is hereby 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 vork 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 liomestead ; nor shall the owner, if a married man, sell the homestead without the consent of the wife, given in such manner as may be prescribed by law. No mortgage, trust deed, oi other lien on the homestead shall ever be valid, except for the purchase- money therefor, or improvements made thereon, as hereinbefore provided. 240 CONSTITUTION OF THE whether such mortgage, or trust deed, or other lien shall have been created by the husband alone, or together with his wife ; and all pretended sales ol the homestead involving any condition of defeasance shall be void. Sec. 51. The homestead, not in a town or city, shall consist of not more than 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 thereon ; 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 character 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 deceased may be permitted, 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 Constitution is adopted, shall remain valid, and shall not be in any way affected by the adoption of this Constitution. Sec. 54. It shall be the duty of the Legislature to provide lor 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- lution in 1835, until the 1st of January, 1837; and also to the surviving signers of the Declaration of Independence of Texas ; and to the survivini; widows continuing unmarried of such soldiers and signers ; provided, that no such ])ension be granted except to those in indigent circumstances, proof of which shall be made before the County Court of the county where the appliciuit resides, in such manner as may be provided by law. Sec. 56. The Legislature shall have no power to appropriate any of the public money for the establishment and maintenance of a bureau of immi gration, or for any purpose of bringing immigrants to this State. STATE OF TEXAS. 241 Sec. 57. Three millions acres of the public domain are hereby appropri- ated and set apart for the purpose of erecting a new State capitol and other necessary 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. ARTICLE XVII. MODE OP 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 eacb 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 Bhall 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 oflScers 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 appear 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 shall 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 of November, in th« j-ear ot our Lord one thousand eight hundred and seventy-five. In testimony whereof we hereunto subscribe our names : Edward B. Pickett, President of the Convention. JiBiGH Chaxmers, Secretary of the CouventioiL AMENDMENTS CONSTITUTION OF THE STATE OF TEXAS. Proposed hy the Legislature of tJie State convened at Austin, January 9, 1883, and ratified by the 'people, August 14, 1883, pursuant to the ISth Article of the Constitution. ARTICLE V. ADDITIONAL. SECTION. Section 29. The county court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the commissioners' court of the county under authority of law, and such other terms each year as may be fixed by the commissioners' court ; pro- vided, the commissioners' court of any county having fixed the times and number of terms of the county court, shall not change the same again until the expiration of one year. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. Prosecutions may be commenced in said courts in such manner as is, or may be, provided by law, and a jury therein shall consist of six men. Until otherwise provided, the terms of the county court shall be held on the first Mondays in February, May, August and November, and may re- main in session three weeks. ARTICLE VIL SECTIONS 3, 4 AND 6 AMENDED SO AS TO KEAD AS FOLLOWS : Section 3. One-fourth of the revenue derived from the State occupation taxes, and a poll tax of one dollar on every male inhabitant of this State be- AMENDMENTS TO THE CONSTITUTION. 243 tween the ages of twenty-one and sixty years, shall be set apart annually for the benefit of the public free schools, and, in addition thei-feto, there shall be levied and collected an annual ad valorem State tax of such an amount, not to exceed twenty cents on the one hundred dollars valuation, as, with the available school fund arising from all other sources, will be suf- ficient to maintain and support the public free schools of this State for a period of not less than six months in each year ; and the Legislature may also provide for the formation of school districts within all or any of the counties of this State, by general or special law, without the local notice required in other cases of special legislation, and may authorize an addi- tional annual ad valorem tax to be levied and collected within such school districts for the further maintenance of public free schools and the erection * of school buildings therein ; provided that two-thirds of the qualified prop- erty tax-paying voters of the district, voting at an election to be held for that purpose, shall vote such tax, not to exceed in any one year twenty cents on the one hundred dollars valuation of property subject to taxation in such district, but the limitation upon the amount of district tax herein authorized shall not apply to incorporated cities or towns constituting sep- arate and independent school districts. Sec. 4. The lands herein set apart to the public free school fund, shall be sold under such regulations, 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 purchasers thereof. The Comptroller shall invest the pro- ceeds of such sales and of those heretofore made, as may be directed by the Board of Education herein provided for, in the bonds of the United States, the State of Texas, or counties in said State, or in such other securities, and under such restrictions as maybe prescribed by law ; and the State shall be responsible for all investments. Sec. 6. All lands heretofore, or hereafter granted to the several coun- ties of this State for educational purposes, 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 available 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 commis- sioners' court of the county. Actual settlers residing on said lands, shall be protected in the prior right of purchasing the same to the extent of their settlement, not to exceed one hundred and sixty acres, at the price fixed by said court, which price shall not include the value of existing improve- ments 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 proceeds to be invested in bonds of the United 244 AMENDMENTS TO THE CONSTITUTION. States, the State of Texas, or counties in said State, or in such other secu- rities and under such restrictions as may be prescribed by law; and the counties shall be responsible for all investments ; the interest thereon, and other revenue, except the principal, shall be available fund. ARTICLE VIII. SECTION 9 AMENDED SO AS TO READ AS FOLLOWS: Section 9, The State tax on property, exclusive of the tax necessary to pay the public debt, and of the taxes provided for the benefit of public free schools, shall never exceed tliirty-five cents on the one hundred dollars valuation ; and no county, city or town shall levy more than twenty-five cents for city or county purposes; and not to exceed fifteen cents, for roads and bridges, on the one hundred dollars valuation, except for the payment of debts incurred prior to the adoption of this amendment, and for the erec- tion of public buildings, street, sewer and other permanent improvements, not to exceed twenty-five cents on the one hundred dollars valuation in any one year, and except as is in this Constitution otherwise provided. Ill Hi k LIBRARY OF CONGRESS ODQliliSOSlba