OF THE
NCONSTITUTIONA L LAWS,
OF THE
TWELFTH LEGISLATURE
OF TEXAS,
AND THE
OPPRlE  SIONS
OF THE
RESENT ADMINISTRATIONS
EXPOSED,
-BYATTORNEY AT LAW,
W.A CO, T E X A S.
J D_ IIPSCO32MB & CO., PRINTERS,
61 Exchange Place, BALTIMORE, MD.
1872.








A REVIEW OF THE LAWS
OF THE
Twelfth Legislature
OF THE
STATE OF TEXAS,
Enacted in the Year 1870 and 1871,
AND THE
OPPIRE SSI ONS
OF
GOVERNOR E. J. DAVIS' ADMINISTRATION
— BY —CHARLES B. PEARRE,
ATTORNEY AT LAW,
WA aO, TE X mAS
J. D. L.PSCOMB & CO., PRINTERS,
61 Exchange Place, BALTIMORE, MD.




TO
THE PEOPLE OF TEXAS.
FELLOW CITIZENS
I present you a short review of some of the
obnoxious laws passed during the present administration of the
government of Texas, and expose some of the frauds and oppressions of the party in power, and hope that this tyranny and
misrule, ere long, may give place to simple j ustice and pure
patriotism.
YoUR OBEDIENT SERVANT,
CHARLES B. PEARRE.




CHAPTER 1,
A REVIEW  OF THE'UNCONSTITUTIONAL LAWS PASSETD  fY TtHE
TWELFTH LEGISLATURE OF THIE STATE OF TEXAS.
We purpose under this head to write a Review of the administration of the government of Texas from the inauguration of Edward J. Davis as Governor, down to the adjournment of the Twel ftht
Legislature on the 2nd of December 1871.
We will first state the circunstances by which the people of
Texas were surrounded at the time the present Constitution of
the State was formed.
We were then governed as a military province of the United
States, and the government of the state was placed in the hands.
of -J. J. Reynolds, Colonel in the U. S. Army. An election was
ordered by the military commander throughout the. state for
members to a State Convention, whose duty it should be to frame
a Constitution for the State, after which the said Constitution
was to be submitted to the people for ratification or rejection;
and if ratified, it was then to be submitted to the Congress of the
United States for acceptance before it became of any force or
effect. At an election held in November 1869 the Constitution
was ratified by a majority of the votes cast. The Constitution
itself provided for the holding of an election at the same time
and place for Senators and- Representatives in the Legislature
and for all State, District and County officers, who were to be
elected by the people under the Constitution.
It is not our intention now to urge any objections to the Constitk:tion, or to point out its defects; but simply to show by whom
it was ordained and established, for whom it was ordained and
established, for what it was ordained and established, over wl7hom




6
it was ordained and established. The preamble to the Constitution plainly shows by whom it was ordained,-"We the People
of Texas *** do hereby ordain and establish this Constitution.'
It is evident from hence that it was ordained and established
by the people of Texas.
We will now show for whlom it was ordained.  It was ordained and established for the People of Texas.  This is shown from
the preamble; "We the people of Texas, acknowledging with
gratitude the grace of God, in permitting us to make a choice of
our form-of government, do hereby ordain and establish this
Constitution." Our form of government evidently means the
form of government for "we the People of Texas."
We will have little difficulty in showing for what it was ordained and established. The preamble to the Bill of Rights
designates the objects to be "that the heresies of nullification and
secession, which brought the country to grief, may be eliminated
from  future political discussion; that public order may be restored, private property and human life protected; and the great
principles of liberty and equality secured to us and our posterity."
To effect these objects, to use the language of the framers, "we declare that,' and they go on declaring the language of the Const;itution. The Constitution was then ordained and established
to secure to the people of Texas and their posterity the great
principles of Liberty.
It was ordained and established for themselves.
We have yet to determine over whom this Constitution was ordl:ined and established. It was over the government which it
created, and over all its ojicers in their official character, and
over every person inhabiting the State of Texas, to the full extent of the powers therein delegated, and no further. This Constitution was not the act of a government, but of the people organizing or constituting a government; and all government
without; a GConstitution is power without a right.




7
All powcr exercised over a people must have some begin ilng.
It must be either delegated by the people, or it must be assumed
by a self-constituted power. All delegated power is trust, and
all assumed power is usurpation.
The conclusion is irresistible from what has been said, that the
government.which this Constitution creates can only exercise
such powers as are therein delegated to it, and can only exercise
those powers in the manner and for the purposes therein expressed. For instance, the Constitution gives the Governor the power to call forth the militia, to execute the laws of the State, to
supp ress insurrections, and repel invasions. If he calls them out
for any other purpose, he becomes an usurper, or if he uses them
for any other purpose after they are called out he violates his
oath of office, and assumes to do that which he is prohibited from
doing by the very power which created him  and limits his power and defines the time when, and the manner in which he shall
exercise it.. The government or any branch of it may violate
the provisions of the Constitution as effectually by exercising the
powers therein delegated in a manner different from that therein prescribed, or for different purposes than those therein declared, as it may by assuming to itself the exercise of powers
therein prohibited.
In pursuing this subject we intend to state only facts, -and to
draw such conclusions from them as necessarily force themselves
upon the mind and convince the reason of all men who think for
themselves.
The election which resulted in placing E. J. Davis in the Chief
Executive office of the State took place at a time when a very
large proportion of the most intelligent and best citizens of Texas was'disfranchised by the laws then existing, and from this
fact we are borne out in saying that E. J. Payis was not the
ehoice of the people of Texas?




The facts also abundantly show that the returns from maney
counties, which gave Gen. Hamilton large majorities, were fraudulently and illegally thrown out; and for this reason E. J. Davis was not the choice of the people who were then entitled to
vote, nor was he the choice of the people who actually did vote
in the election for Governor.
The frauds and oppressions which were practiced during that
election are still fresh in the minds of the people which renders
it unnecessary here to recount them.
The facts we have stated concerning the election for Governor
apply with equal if not greater force to the election for members
of the Legislature, from which it follows naturally that a large
number of men were returned who received a minority of the
*votes cast. We need not add that all such were Radicals.
This "so-called" Twelfth Legislature was brought together by
corruption by intimidation by violent exertions of the military
rule and by fraudulent distortions of law. It was therefore not
to be expected that such an assembly was or ever could become
a free and lawful Legislature. It was evidently impossible to
obtain such under the circumstances; nor was it the wish or desire of those who controlledd and irected the election. The management of the whole affair was in the hands of the Radicals.
Only such registrars, judges of elections, and other officers were
appointed as would avail themselves of the slightest pretence to
declare the Radical candidate duly elected. Every man from
the highest to the lowest, who was placed in office then was made
plainly to understand if he wished to retain his office he must at
that juncture support the party candidate by his vote and interest-by foul as well as fair means.
It is no wonder under this state of facts that men asked each
other, with no small anxiety, whether the votes would be fairly
taken, counted and returned; and if those Democrats who re



9
ceived a majority of the votes would be allowed to take their
seats.
The manner in which the election was conducted, and the disabilities resting upon so large a number of our best and most experienced citizens, satisfactorily account for the inexperience,
lack of intelligence, and want of moral honesty in so unusually
large a number of the members composing both branches of the
Legislature.
When this body assembled in the city of Austin on the 26th
day of April 1870, they excited in the minds of the people no expectation or even hope that their deliberations would result in
any good to the State. And if our readers will follow us closely through this review of their acts we think they will be convinced that the people of Texas have not been disappointed in
them.
The Governor in his proclamation of April 2nd 1870 convening the Legislature, requests the Senate and House of Representatives to come together and "inaugurate the regular State government, and to enter upon such general and special legislation
as may be in compliance with the.spirit and letter of the Constitution recently adopted by the people of Texas."
We shall see in our progress how he and the Legislature have
carried out the letter of their proclamation in the acts which he
has recommended, which it has passed, and he approved.
The Governor in his first message to the Legislature recommends "that a police system be adopted, embracing the whole
State under one head," and says that no system of laws for the
suppression of crime however severe will be complete "without
such powers are conferred on the Executive as will enable him
in any emergency to act with authority of law."  He submits to
the Legislature "the question of making some provision for the
temporary establishment of mnwrtia1l ~w," arnd thinks that the




10
mere knowledge of the fact that such power is given the ExecuI
vite will go far to prevent the necessity of its execution.
The whole tenor of the Governor's first message to the Legislature evinces a craving and unnatural desire on his part to concentrate in himself all the powers of the government. He boldly and unblushingly recommends the Legislature to place such
extraordinary powers in his hands as are in direct conflict with
-the letter and spirit of the Constitution of the State.
The sum  and substance of his desire is, that the Legislature
shall pass an act granting him the power to override the written.
Constitution of the State, unchecked to trample upon the liberties of the people, and to dispense with the statutes of the State
in particular cases, and for special reasons known'only to hilmself; and to deal with the liberty, property and character of the
citizen in just such manner as his whims or prejudices many dictate. And in order that the grant of this power may be rendered available in his hands, he sees the necessity of organizing a
strong military force in such manner and composed of such material as he may select.  The Governor's Legislature in order to
enable him effectually to put his iron heel upon the necks of the
people and totally destroy their constitutional and legal rights,
passed the act entitled "An act to provide Jfor the enrollmcnt oJ'
the Militia, the organization and discipline of the State Guacrd and
for the public defence."
In Section 1st they designate who shall be subject to military
duty, "all able-bodied male citizens?residing in the State between
the ages of eighteen and forty-five years," excepting certain
classes therein specified.  By Section 2d the Governor is made
commander-in-chief of all the military forces of the State.  The
forces are divided into two classes viz: -"the State Guard
of Texas and the Reserve Militia."
Section 3d.  " The State Guard of Texas shall consist of male




persons between the ages of eighteen and forty-five, who shall
voluntarily enroll and uniform themselves for service therein;
provided the Commander-in-Chief (the Governor) shall designate
the number of men in each county in this State allowed to enroll in the State Guards, and have power to reject any person
offering himself for enrollment in the same."
The Legislature in this section has enabled the Governor to
organize an army unlimited in number, to be composed of such
material as suits his inclination.
This army may be composed entirely of men unidentified
with the interest or feelings of the people of Texas, and opposed
to our political and religious liberty. In may be composed in
whole or in part of foreigners imported for the purpose of swelling the ranks of this army.
If any honest good citizen who loves our religion and reveres
the time honored principles of our free institutions should apply
for enrollment in this army, the Governor may challenge him
peremptorily, he must stand aside, and give place to such as
better suit the aims and purposes of the Governor.
We desire to draw the attention of our readers to the very,
important fact that this act permits ablebodied male citizens resident in the State to enroll in the Reserve Militia, but all persons
without qualification between the ages of eighteen and fortyfive
years, can enroll in the State Guards, provided they suit the
purposes of the Governor. Why this distinction? The common
sense of every man will suggest to his mind the answer. This
State Guard is peculiarly the Governor's Army, selected and
organized out of such material as will serve his purposes. The
Reserve Militia can only be composed of resident citizens of Texas, and perhaps would refuse to murder, rob and pilfer their fellow citizens should they be called upon so to do by the Commander-in-chlief. They are what this Act designates them, "Reserve".




12
They cannot act unless called out by the Commander-in-chief.
They remain unorganized, unarmed, and unequipped; but we
find the State Guard fully organized and equipped, scattered
through every or nearly every county in the State, eating up the
substance of the people, and in very many instances murdering
innocent and unoffending citizens-depriving them of their property by force or fraud, disturbing the peace and quiet of whole
communities, and inflaming the animosities of the races; in a
word, fully carrying out the purposes and interest of their organization. To use the governor's own language, the Legislature in
the passage of this Act has conferred upon the Executive " such
powers as will enable him in any emergency to act with auzthority
of law," if he consider this enactment authority of law. Undiscerning men would think that the posession of such unprecedented power would satisfy the cravings even of the Governor, but
not so. He calls loudly for more power, and obtains it from his
subservient Legislature.  He calls upon them for power under
certain contingencies (he to be the exclusive judge of the contingencies) to establish martial law in any section or sections of the
State. The Legislature promptly responds to the desire of the
Governor in the 26 Section of the Militia Bill, thus, " It shall be
the duty of the Governor' and he is hereby authorized whenever
in his opinion the enforcement of the law of this State is obstructed within any county or counties by combinations of lawless
men too strong for the control of the civil authorities, to declare
such county or counties under martial law, and to suspend the
laws therein until the Legislature shall convene and take such
action as it may deem necessary."  This Section is in every part
unconstitutional and violative of every principle of our Republican form of government, and altogether unnecessary to the full
and perfect execution of the laws of the State. The Constitution
vests in the Governor all the powers necessary, having a due regard to the protection of the liberties of the people. Article VI,




Section first, vests in the Governor the power' to call forth the
Militia to execute the laws of the state, to suppress insurrection,
and repel invasions. "  What more power does he -need to enable him to carry out the legitimate functions of his office than is
here given?  It follows that the motive of the Governor in obtaining from the Legislature this extraordinary and unnecessary
power was for other purposes than the execution of the laws of
the State, the suppression of insurrection and the repelling of invasions.  We see that the Constitution gave him abundant power to accomplish this.  If the power to make laws or suspend
them, rested with the governor, or become, under any state of facts
necessary, to the proper discharge of the duties of his office, under our form of government, that power would be found in the
written Constitution of the State.  That it. is not found there,
proves that, no such power exists in the Government.  Then
what was his motive in securing to hilself sluch power?  I would
that every citizen of Texas would demand from him an answer'to this question.  That universal shriek which comes up from
the oppressed, downtrodden and outraged people of Texas tells
plainly what his motive waS. The malicious and wanton manner
in which he has used this power declare in thunder tones what
his motive was.  The oppressed, robbed and slandered citizens
of Limestone and Freestone counties both feel and say what his
motive was. The people of Hill and other counties throughout
t-he state,'where he established his military commissioners andc
persecuted innocent citizens, with sad hearts and empty pockets
can tell you what his motive was. The people of all those counties throughout the State who were prevented from reaping the
benefits of their right of franchise, both by word and look, tell us
what his motive was.  If there are any who are yet skeptical as
to the true motive of the Governor we refer them for light to the
character and standing of the creatvres he has enrolled in the




"ae G uard." They.are a motley crwd, composed in part of
foreigners unacquainted with the habits and character of our people, unidentified with us in interest or feeling, and in many instances unable to speak or even understand our language. Composed in part of gamblers, drunkards, fugitives from justice, escaped convicts, many of whom have the mzark of Cain upon them;
of such men as are capable of committing crimes of the darkest
dye.  The freedmen who are enrolled, with a very few exceptions, are such as are most; vindictive against the white race, ignorant, lazy, and totally destitute of honesty. To be a moderate
man in politics, to be a Conservative or Democrat, is such a disqualification as renders him unfit to be enrolled in the S'ate
Guards.
History speaks of no army which in every respect equals the
Governor's army of State Guards, unless it be Tyrconnel's Irish.
army organized in the reign of James II, A. D. 1686.  The motive in organizing this army can be better gathered from the Ianguage of the historian than from ours: " James," says Macauly
"instead of allaying the animosities of the two  opulations inflamed it to a height before unknown.  He determined to reverse
their relative position, and to put the Protestant C lsvinists under
the feet of the Popish Celts. To be of the estTablished religi.on,
to be of the Eng:lish blood, was in his veiw a, disquali ation tfor
civil and military employment.  Unhappily Janaes instead of becoming a mediator, became  the fierceat anad most releess of; oartiFor these and other like outrages upon fhe liberties of the peoj
pie of England Jarns lost his c rown and had to seek protection
and a home in France. Yet- it was the boast of his friends and
partisans that during his reign the,writ of "1Lt4bas (cor~s was
not once suspended. The friends and partisans. of the oppressor
of the people of Texas in that respect are a ot  3 ) f rtunate.,those of the t'raunt James I1




It may perhaps, be asked, is not the Legislature more to
blame for conferring these unnecessary and unconstitutional
powers upon the Governor, than he is for accepting and exercising them?-  We unhesitatingly  and truthfully answer, no!
That Legislature at the.date of the passage of the Militia Bill,
was as completely under the cont rol of Governor Davis aswever
was a puppet in the hands of the wire-puller.  In fact he was
thLe Je bsZlature, his word was law, his frown was terror, his
smile joy. He is there-fore wholly responsible for  every offensive and unwarranted act p58ssed.  But; this by no means relieves the members of the Legislature of the jast odium of their
acts, but only renders them more despicable in the eyes of just
men. The act of which we have  been seaking  was approved
by the Governor June 24th, 1870.
We neow comea to the. ct of July Ist, 1870, entitled "an act
to cesabish   a Aacde  Police, and provide for e fo   regulation and
government of the same."  This wing of the Governor's army is
to be composed of one Chief of Police, four Captains, eight Lieutenants, twenty Sargeants, and two hundred and twenty privates;
the pay of privates to be sixty dollars, Sargeaubs seventy-five
dollars, Lieutenants one hundred dollars, Captains one hundred
and twenty-five dollars each, per month.
The Chief of this Police force is to be appointed by the Governor by and with the advice and consent of -the Senate, a.nd
receives a salary of two thousand five hundred dollars per annum.
Sec. 3d empowers the Governor, or Chief of Police, with the
approval of the Governor to remove at will any of the members
of the State Police.  Sec. 4. authorizes the Chief of Police, with
the Governrors's approval to make all rules and regulations for
the government of the State Police.  Sec. 5th enables the Governor to control, direct, and displace every executive officer in
tihe State.  Row  monstrous! how unconstitutiona    l and  how




16
dangerous to the liberties of the people in this section! It would
have disgraced the lawmakers of the Dark Ages, and we may
rest assured that it will not fail to load the memory of the Governor and those Legislators who voted for it with the infamy
which of right belongs to them.  I will quote this Section in
full; read it carefully and understandingly, and tell me what
are your rights under this administration and what your liberties are worth?
Sec. 5th.  "All sheriffs and their deputies, constables, marshals of cities and towns and their deputies and police of towns
and cities, shall be considered as part of the State Police, and be
subject to the supervisory control of the Governor and Chief
of State Police, may, at any time be called upon to act in concert with the State Police in preventing or suppressing crime, or
in bringing to justice offenders.  The Chief of State Police, subject to'approval of the Governor, may makle all needful rules
and regulations for the gorverment and direction of these officers
in matters looking to the maintenance of public peace, preventing or suppressing crime, and bringing to justice offenders;
(marlk what follows,) and ctan, of these oficers failing or refusing
prompt obedience to such rules and regulations, or to the orders
of the Governor or Chief of Police shall be'removed from. c fice,"
and suffer such other punishment as may be prescribed by law.
We perceive from this section of the Act, that all the civil executive officers of the State are incorporated into and made a
part of the State Police, and are subject to such rules and regulations as the Chief of Police with the Governor's approval may
make for the direction of these executive peace officers; and if
any of these officers of the.Civil Government fail or refuse
prompt obedience to these rules and regulations or to the orders
of the Governor or Chief of State Police, shall be removed from
office, not from the office, which he may hold by virtue of his




17
connection with the State Police, but from  his civil office of
sheriff, constable, or marshal, as the case may be. These offices
they hold or ought to hold by the suffrages of the people. The
Constitution of the State declares in so many words that the
sheriffs of the counties shall be elected by the qualified voters
thereof.  Is this section constitutional?  We think no honest
man who has ever read the Bill of Ilights will hesitate for a
second in pronouncing this section wickedly unconstitutional.
To prove which, we need only quote Article I, Section seventeenth of the Bill of Rights.  "The military shall at all times'
be subordinate to the civil authority."
We certainly live in a remarkably strange age. This is the
-first time in the experience of the world that any legislative
body under any form of government whatsoever, in any country,
civilized or uncivilized, christianized or barbarous, has passed a
law giving to the very breath of the nostrils of the Chief Executive officer of the State the force and authority of law, with
power to vacate every executive civil office in the State at his
will and pleasure.  The members who;nloowiSgtly voted for this
Bill; are traitors to their country, traitors to their children,
traitors to their God who gave them  life and liberty, and are
not worthy to be called men. Compared with these Nero wasl a
patriot worthy to be held in remembrance.
This is strange language but just, and justly merited.
We propose to show from the very letter and spirit of the
Acts passed by this Twelfth Legislatunre that they have placed
in the hands of the Governor the power to enable him at any
time to completely upset, overturn and destroy the whole fabric
and machinery of the civil government of the State, and erect
upon its ruins a strange military despotism, maintained and supported by a standing army, unlimited in numbers. And we
fear that there is much more probability of this being done,
than many persons are disposed to imagine.




Such is the tendency of the policy of every Radical government in the South and (it may with truth be said,) in the North.
The government of the United States, and the governments in
hearly all of the several states have become centralized. High
officers are looked to as embodying all the law, power and authority in the state.  The officers do not look to the Constitution
and the laws of the state for their authority to act, but to the
officers who are higher in authority than themselves.   Their
commands are implicitly obeyed and carry with them the force
and authority of law. T'he Radical Governors of the States, and
particularly of the Southern States, look up to President Granit
as the embodymenrt of all the laws, of all the Constitutions, and
of all the powers, of all the governments, of all the states, in the
United States.
Every observing man is forced to admit that the tendency all
over the United States is towards centralization and despotisum;
and unless this tendency is soon checked the last vestige of our
liberties will be swept away.
The shadows of these coming events may be seen even now by
the diligent observer.  It therefore behooves us to be vigilant
and to be always awake and on our guard.
By the ninth section of this Act, the Governor is enabled to
put any city or town in the state under Martial Law in fact
without a public proclamation to that effect, and to deal with the
lives, liberties and property of citizens as he may choose.
Section 10 gives the District Judges the power to command
the state police and all sheriffs constables, deputies, city and town
police, marshals or deputies'within their several districts.  This
section transforms the civil judicial officer into a military officer
-the peace officer into a war officer. This is unconstitutional,
and were it not so, the condition of the country, the disposition,
situation and circumstances of the people, render it unnecessary
and improper.  This unauthorized and unnecssary power e2no




ble the Judges to. convert the courts of justice into political engines of oppression; and experience shows plainly that the judges
of this administration are only too willing to use the power for
that purpose. Courts of Justice ought to be in the midst of pclitical commotions sure places of refuge for the innocent of every
party, and should not be disgraced by wilder passions and fouler
corruptions than are to be found on the hustings.  The judges
of our State are sufficiently prone to do wrong, without being
aided by legislative enactments.
It was just such power as is here delegated to the Governor
and the District Judges of the State, that developed and put in
action the cruelty, and turned loose unrestrained the ferocious
temper of Jeffreys upon the unprotected people of the Western
district of England, known in history as the bloody District.'" Early in September," says Macaulay, " Jeffreys accompanied
by four other judges set out on that circuit of which the memory
will last as long as our race and language.  The' officers who accompanied the troops in the Districts through which his course
lay had orders to furnish him with whatever military aid he
might require.  His ferocious temper needed no spur; yet a
spur was applied."
We will not harrow up the miinds of our readers by a recitationr of the cruelties, outrages, murders, and inquisitorial torments
inflicted on every class, age, and sex of ethe people of the districts
through which he passed.  These horrible murders and tortures
could never have been inflicted had Jeffreys not had the power
to call to his aid. the military force. IHe had the same power
in this respect as that given by sqction 10 of the Police Bill to
the District Judges of this State. He, we see, exercised his powesr to tIhe fuillest extent. And our Judges will exercise all the
power granted t4emr,  and in Xaby ist uces o   Ceh v Qrr if uQt.?h enhe




20
There is no denying the fact that we have somle very willing
little Jeffreys among the judiciary of the present administration,
as we shall abundantly prove, when we come to review their acts.
We now  come to consider the only other enactments of the
Legislature in reference to the organization of the Governor's
army approved April 12th 1871, and the amendment to the act
approved July 1st 1871. The only significant feature in the Act
of April 12th is that it enables all persons who are liable to
serve in the Reserve Militia, to avoid such service by paying to
the officer duly authorized to receive the sa:;ae the sum of five
dollars instead of fifteen as required by the 22 section of the Act
of 24th of June 1870. It is apparent from these tawo sections
that it was never the intention of the Governor (who recomnmends its enactment in these words, "It has been found in some
states a good arrangement to embody a small force of the militia
as may be willing to volunteer into a National Guard, and to
aid the latter in arims and equipments by a levy of a tax on all
persons liable to military duty who lmay by paying the samee
avoid enrollment") or of the Legislature that a mnilitia force
should be organized.  They did not want citizens in their army.
The passage of the 22 section in the original Act and the 22 section in the Act of 1871 was intended as invitations to the citizens of the state not to enroll in the militia (the last being of a.
more impressive nature than the first) as well as a means of obtaining a large sum of the people's money to be applied as the
Governor suggests in his messa.ge.
By section 3rd of the Act of May 2, 1871 the Governlor is enabled "to appoint any number of special police not to exceed
twenty in each county in the State," or he may authorize their
appointment.  These special policemen shall only be paid when
in actual service. Their compensation shall be three dollars per
diem to be paid out Qf thOe coun.ty treasuries of the counties where




21
employed on vouchers certified to by the Chief of Police.
These twenty special policemen were appointed in each county in the State twenty days before -the close of the last election
on the 6th October 1871, and were employed in riding through
the counties with arms in hand for the purpose of compelling
freedmen to come to the county seats and register, as well as to
look them up and drive them to the polls to vote.
This sufficiently explains the object the administration had in
~view in passing the Act. Each of the One hundred and fiftynine organized counties in the State has to pay for the services
of these special policemen thus employed at every election and
as much oftener as the Governor may choose to call them out
the sum of One thousand and twenty-six dollars which for the
State at large amounts to the sum of One hundred and sixtythree thousand one hundred and thirty four dollars. The people are not only to suffer the outrages and oppressions of the
present administration, but are forced by Legislative enactments,
to pay infamous men who are selected to oppress and d-efraucd
them.
We have frankly and honestly but briefly reviewed all the
acts of the Legislature, which enable the chief Executive to or~ganize, support and maintain a standing army in Texas, and at
any and all times to control and direct its movements', which enable himn to declare war against the people, for the declaration
of Martial law, is in fact, a declaration of war.
Strange as it may appear, yet it is nevertheless a fact, that the
Legislature has given his Exellency power, to declare war against
the citizens, but in no legislative act has it given him the power to make peace, his war must therefore be a perpetual one, unless the humane Legislature interposes to stop it, for by the act,
the Legislature alone can make peace.  Why did they not confer this power upon the Governor? It may be they considered
it a useless expenditure of the dear people's time, to confer the




22
peace making power upon the Governor, being as intimately acquainted with him as they were.
To prove that the Governor is empowered to!ake war (declare
Martial law) and not empowered to make peace, I have only
to refer my readers to the 26th section of the act of 24th June
1870, comrmonly known as the Militia Bll, but more properly
the Governors Aitrny Bill.
We will for the present leave this branch of our review  and
not again refer to it until we come to review the manner in which
the Governor exercised these extraordinary a:nd unconstituitional
powers.
We come no-w: to consicder as  next in order, the act entitied
"'aln act to provide for the ac ppoinftment by the Govervor of certain
officers to fill vacanciesou The first section of this act, proves the
caption to be a base fraud instead. of being an act, authorizing
the Governor to fill vacancies, it is an an. act.confering on him
the power to appoint officers, which by the plain letter of the
constitution, are to-be electedo
Section Ist makes it the duty of the Governor  to  appoint for
each judicial district in this State, one. district attorney who shall
hold his office until the  next general election in this State.
This Section is grossly violative of Section 11 th Atic]e 5th of
the State constitution, which rea.ds "There shall be adistrict attorney elected by the qualified voters of each judicial district,
who shall hold his office &c."  Is it possible that the Legislat;ure was so ignorant as not to discoNer the difference between
the election of a district attorney "by the qualified voters of
each judicial district" and'ithe appointraent of one by the Governor. But these worthy legislators may say that the office of
district attorney was vacant; throuaghout the State.  Who made
the office vacant?  Tell the people why the offiee of district attorney was not filled at the general election in November 1869.
It was no tmo he fatlt of the constitution for it provided for their




election noi was it the fault of the people. But because the
office of district attorney was vacant, was no excuse for illegally
filling it, when it mig ht have been just as easily filled legally
and constitutionally. An act might have been passed requiring
the Governor to order an election to fill the vacancy.  This
would have been in harmony with the constitution and not vio-.
lative of the spirit of our Republican institutions, but such a
course would have defeated the designs and deep laid schemes of
the Governor and the Legislature of robbing the people of their
elective franchise, and of investing his Excellency with powers
not conferred upon him by the constitution.  The Legislature in
this act, has bestowed -upon the Governor a power reserved by
the people to' themselves.
Section 2nd authorized the Governor to appoint one County
Treasurer and one Coanty Surveyor for each County in'the
State, and all'hide and cattle inspectorz, and public weighers of
cotton.
Section 3rd in some measure seem:s to conform to the caption,
and grants to the Governor the power to appoint in. each County
in this State where a vacancy may exist by reason of the officer
elect failinog to take the oath prescribed by the act of Congress
admitting Texas in the Union, approved March the 30th 1870,
or failing to qualify in accordance with the laws of the State, or
by death, resignation, or otherwiseo, one Sheriff and one d.istrict
clerk."'Unobservant readers might think this very fair and
necessary to the due administration of justice, and to the prompt
execution of the laws.  But when it is reld and considered in
connection with the 51h Section of the Police Bill which enables
the Governor to make the Sheriff's office vacant at awill, it be
comes obnoxious, and dangerous to the liberties of the people,
and shows plainly that the intent of the Legislature was to concentrate all power in the hands of the Executive, Section 41th




24
empowers the Governor to appoint a ~Mayor, and. a board of Aldermen, or officers of like character, of such number as is or may
be authorized by law, for each incorporated city and town in
this State, and also a city recorder for each of the cities of Houston and. Galveston, which officers shall hold their offices respectively, until the next general election in this State, or until otherwise provided by law. Here again is the concentration of more
power in the Governor.  Here the people (sometimes styled sovereigns) are divested of those powers and privileges which have
been claimed and exercised heretofore by them, and which constitute the distinguishing features of our Republican form of
government, what defeience or respect, we ask, is shown to'the
absolute sovereignty of tile people, which is declared to be in
thera by the great declaration of American Independence, and
which is a necessary element in all free and independent Republics, and without which they cannot exist.
it must be admitted that the people of the cities and towns of
the State, are much more deeply and immediately interested and
concerned, in procuring good, honest and efficient officers to rule
over them, and are better enabled to judge of their qualifications
and fitness for office, than the Governor, who is, from the very
nature of the case in every or nearly every instance, a stranger
1;0 their condition, wants and necessities, and who has shown himself an unworthy repository of such power, by his partisan feelings in appointing only such to office, as are of his politics and
obedient to his will, regardless of their qualifications.
This act enables the Governor to appoint nearly every officer
known to the laws of the State, thereby placing in the hollow of
his hand the life, liberty and property of every citizen in the.
State.
The acts confer a power and patronage on the Executive heretofore unknown in free Governments.




25
And what is very significant these powers were not conferred
unasked. They were urged upon the Legislature by the Governor.
"Other subjects, (says his Excellency in his first message) must
receive immediate attention as essential to the complete reorganization of the State Government, and among those which are of
sufficient importance to require'special notice, I will refer to the
organization and appointment of Boards of Registry of voters,
and of judges of elections; the appointment of officers to fill vacancies where the law  or constitution does not now provide
therefor; to provide for removals and appointments to municipal offices, until elections can be held in' the respective cities and
towns," &c. It would seem from this that the Legislature took
the will of the Governor as its standard of right and wrong.
Every moderate man of both parties must be shocked by the
insolence and perfidy of these Legislati-ve enactments.
We have a parallel to this act in' the reign of James II "all
elections of Magistrates and of Towncouncils were prohibited;
and the King assumed to himself the right of filling up the chief
municipal offices."  This is exactly what the Governor demanded of, and obtained from, the Legislature.  The steps of the Legislature and of the Governor: to borrow the fine image of a Roman poet, are on the thin crust of ashes, beneath which the lava
is still glowing.
We now come to the review of the act entitled "an act to procide for the registration of voters" approved July 11th 1870. This
act like all the others of this administration, affecting the rights
and liberties of the people, is covert, and to the casual or careless reader seems fair enough, but to those who are accustomed
to read with great care, for the purpose of discovering the intent
of the framers, They "are like unto white sepulchers which indeed appear beautiful outward but are within full of dead
men s bones and of all uncleanness."




This act enables the Governor to appoint and remove at will
all the registrars in the State, also the board of appealso and revision, who shall also be judges of elections. The 15th Section
of this act gives to the board of appeals and revision throughout the State absolute and uncontrollable power over the franchise of the citizens.
"They shall decide says this' section, the claims of all persons,
who have been unable to appear before the registrar, and those
of persons who consider that injustice has been done them by
the registrar, and shall strike from the lists of voters the names of
such as they shall consider improperly registered, and enter the
names of such as they may consider improperly refused registration, and those who were unable to appear before the registrar,
on the registration list."  When we consider that there is no appeal from the decision of these three men, and no redress for the
wrongs which they may inflict the power here becomes appalling
Suppose they shall consider all citizens who are not of their polil
tics improperly registered: what remedy have the citizens, they
may appeal to the constitution in vain. They are anstwered by
these men "that by a law of the Legislature we are the judges,
and our decision is given you in the language of the act.  "We
consider you improperly registered and shall strike your names
from the list of voters."  Suppose they do this corruptly when
the citizens are entitled to vote and offer to prove it by incontrovertible evidence; if after all this their names are stricken from
the lists of registered voters. What penalty do these men incur
under this law?  None at all. This will plainly appear fiom an
examination of the sections prescribing the punishment of the
members of Boards of Appeal and judges of elections.
Section 25th.-Any judge of election, member of board of appeals, registrar, or clerk convicted of any offence under the next
three succeeding sections shall be deemed guilty of a felony, and




27
on conviction thereof, shall be punished by fine not exceeding
one thousand dollars or by imprisonment in the penitentiary for
not more than seven years."  Section 26th describes the offences
for which they shall be punished. Thus:  6"If any person shall
alter, change, mutilate, or in any manner deface any book of
registration, or shall take or carry away the same from the office
of the clerk of the District Court Registrar or Judge of election
or other place where the same may be lawfully  deposited, or
from the lawful possession of any person whomsoever, with intent to destroy, suppress, alter or conceal, or in any wise mutilate or destroy the same so as to prevent the lawful use of such
book or books of registration, suchi persons shall be" &c. We
see that this section does not define the offence of wilfully, or
corruptly striking from the lists of voters the naomes of such as
are properly registered.  To alter,  change, mutilate or deface
any book of registration, neither of these constitutes the offence
To take and carry away the registration book from  the proper
custodian, describes the offence whatsoever may be the intent
with which it is doneo
Section 28th punishes such persons as shall by threats, intimidation &c, disturb a registrar &c, in the discharge of their duties,  These members of boards of,appeals are not in this section
liable to punishment for anything, much less for acting corruptly in striking namnes friom -the lists of voterts   There is no penalty attached to this heinous crimte, in this act or any other act of
this 12th Legislature and if the o:ffence was defined and the
pen.aly affi.xed by the law, it would be inoperative because the
law makes thne members of the boards of appeals judges, with
powers to p:ass upon, both the la, and the facts governing registration,
So it is with regard to registrars they cannot, be punished under this act for registering persons not entitled to register, nor
for refusing such as are lawfully entRitle  to register




Section lst of this act makes itthe duty of the registrar, to register such persons as take the oath therein prescribed.
Section 13th of this act puts in the power of the registrar to
reject even such as do take the oath prescribed in section 1st by
giving him the power to examine under oath any person applying for registration, as to his qualification as a voter and permitting him dilligently to enquire into his qualifications, this section is not manditory but siraply permissive.  There is deep design in all this, and the facts prove that this power has been exercised in very many instances to deprive -the citizen of his constitutional right to register and vote.
We will now' examine the act entitled "an act to provideb' fIb t-e.mode and manner of conducting elections, wmaking'retrnms, and forg
the protection aCndpuryity of the ballot box," approved August 15th
1870.  This act establishes the fact beyond ca'vil that the boards
of appeal and revission, who are also judges of elections, may at
their pleasure prevent citizens from voting.
Section 4th, of this act, reacts when any person, whose name
appears on the register, as that of one rejected as a voter, shall
offer to vote, the judges of election shall, in addition to marking
his ballot as rejected, keep the same separate from the ballots of
qualified voters, so as effectually to prevent his vote from being
counted as that of a qualified voter.
Section 5-th makes it a personal offence in any Judge of election to receive or deposit the ballot of any person whose name
does not appear upon the list of registered voters. We see by
the 15th Section of the act of July.l1th 1870 above referred to
that the judges of election and boards of appeals and revision are
composed of the same persons, and in that act they are enabled
to strike from the list of voters the names of just such persons as
they may think proper and no penalty attaches to them  if they
corruptly do it,




Section 7th provides tha-t the first general election under this.
a.ct,shail be held on -the first Tuesda.yv after the first.;:fondav in
in iNovember'1 872, at  which timle ando evelry twvo years therealftier
mtembers of Congre,!s, Representatives and Senators to the Stat'
Legislatul:re, District attorneys a, nd a.ll count'y ofli-lers -a:made electi've, lshall be elected.."  The po.tponeiaent of the ge.ne1rai election
J-4v this acet'till Decemiber 1872 is ani inexcLisable viicalat;ion of thc
4th Section of A.rsticie IiI of the Constitutiion,  which  declares't.ha tL the inmembers of the House of Rehaprlesen.tatives sh.ail be c},oean- by the quaulif:ed electOIS, and their term of offlice shal. l be two
years from the day.v of geerail election. "  The l.-st general election un1der the preseent Constitution (at which thbe meimbers of
thle 121-th Legislature Awere elected) shouldl have talkenm place on
the first monday i.n July1 iS69, as  appears from tiek "e _I,f, ccEizo..
Declaration Section 1lst.eIL:-tudeLl  in the Constitution of the State.
a-ind signed by o Gvelrnor Davis as president of the  Convention
which  formed t.he Concstitution.  Governor Davis and the l'Jegisltture ought therefore to h.- ve knownv: that they violated the Constitu;ltion and disregarded the rights  and wishiles of the people)
of Te-xas in  tlhe pss-., e of this  7t.1 Section.   Trhe t;er-m  of
o:.fcte of tlhee 12th lergislat;ure expired by.imitat:ion in July 1871,
and by this Act one of -tlhe co-ordinate depar.tm  enbts of the governmePnt is suspendeed  a nd t.otially destnroyed for the snace of one year
a.nd five nonhi S. If. the Legilsature has the pow-er  to do this,
n.ay it not 1by the exercise of thlat sanrle power do a-vway wilth  tbhe
Ju.dhicial department of the gcivenment, a;ld coment-,trate afl, t lhe
Tcowers of tihe governrnent in the Executl-;ive cdepartimenut? which
inr fact they  have nearly  done.  All acts passed by the 12t;h
L.egisature   since July 1871, are by section 2.3rd of Artiele I1 of
th;e Bill of Rbights declared nl:ll and void.  i will quoi;e this seetion for' the b-enefit- of all whom it may concern, anld. for the informartion of the members of tlhe 12th Legislature wsvho -votecd -for this
Election Loaw, and for the Governor who approved it.




Section 23rd.  "To  guardI  a;ainst transcyressi;on.s of the  hich
powers herein delegatied, we (the peoPlte of Te..xas) declare that
eve3r: y it'ina  if t;is Bi.]l of.RPi/Us is exceptled out of thl-e gerlera.l
powers of government axd sh.a i   dl Jo, cf ee: r,;   re Jet,,i. i,n..vio/u, n;  ald al
].Z..us CO,~?'Utr'" r'"   t'ere-to, Cor to  thle  hf iowlo  i;r~o, o'r?'n.ciirl.:   s/1,atll,J,
Why  fh-s the Leislatu're  done this thtfing?   ": dt           A   the
heath.en  rage axnd lth.e people imavaginle a, vain thli'ng.
Th.e Kil:gs of tthe earth  ret themselves, and iC -lle r1xthe   tr ake
elounrsel t;ogether against the i ord arn(t aga:inst h.is annoilnted,;ay-r
ing Let us break tiheirl bonds Cssunlder an td cast a IwaIv t.heir cords
Il-e -ti hat sitteth il tiRe  heavens slhall  lrughL  the rLord  slhal]
ht,-ve them  iTn delrisi on, Be wise now. t   -herefor. 0   e.-ings;'be i.tu!eoted ye judges of tIe eartih."
The iLegislatitre h:i. s to a. very a.latlanil e' tlt\  traunlsfer:ed the
legi.slatirve polwers-of tthe  tOvel'lre't t     o tle Eecu'tilve,  and  we,
s.l'iposPe.i't espects him' to sover-1n. the r peoprl4e bIy no.  -clar-iions u ItI-.'I;   thIe fir st T'ru  ai:ter the first VMolnda:y in il )e eibel A. 
718i7, and  then pertmaps procl.ai:m i to the  -pIoople, ofi'  exsth i;l-a:t.
-t1he day of election Is indefinitely pos;t, poned a, nll to eniforce't-,is
procl.atruaticon w;ith the army  by which it  j,,has sl-rroundeId  rllelm
Th:Le  Governor by th.e 52nd  SeActior:    of this Act;,   lshll on thl
diayS of the election have pairanounlt charge,ard c:l ontro l of the'peace and order of -the State over all peace  and police officers anld
slail have the comraand and direction i    i   o al police of-l-:ers by w-homrsoever appointed, and of all she riffs and constbabi(e
in theil canla-city as officers of' the paace.'   This sectioall gives tLhe
G4overnor the power to exercise a tremendous influence  nll the
eiections;  aCnd if lie is so disposed he macy  effectldlly by  force;,..ontrol tthem. for ptr-tisan puroposes.
We care not if the Gover-nor be ts just and as pure a man as
was the  iixmortal W; Nsehitgton, it would even then be wrong'to




place in his hands the power to destroy the liberties of the people, or such power as. would enable him to t'a.ke frora them tbhelr
right,ts or even ciurtail or infringe them.
"A just est, imate,   says Was11igton, "of tlat love of po.wer
an(d pironeness to abause it wahich predominate in the humasn hea4rt
is sufficieini; t;o satisfy us of the trt;h of t;his posit;i.on.    Were tb.is
the only unwarrant ted andr unnecessary power conferred by th his
Legislataure upon t'h.e Governor we would. not so mach complain,
baut t'hey have conferred upon him  snulLt a Complete n'et,-work of.powers as renders his will absolute.
By section 21st of t;his Act the Judl-ges of elections throllgho.lt
thie state are enabled effectla.lly to prevent the people from reaping the benefits of their right to- vot;e;-t, his'they may accomn
pjith by their mere writ ten statement,  "corroborated under oathl
by three respect-able citizens, qualifiled electors of the county,
-— fthey bein.g th.4e sole judges of the respectability of the thrtae'intizens.   These th.ree ci'i.izens may ma.ke oa'th t;o allh t;his secti.on
-requires (in order to th:row  out; -the3 vote) and  swear trul.y, and
yet the.re may have been a, fair elect.ion.  Let's etxal m   i.nto this
-— suppose "J'h cri'na tb:.e tirae of election (to ulse the  -language of
this section) at any place at or, near anlsry poll or votfing place, 
thelre should be (i.n.'h.e estima<ttion of i;tahese judges a!rd'three citi-i
zenrs) a. r-io  or tfunmllt;, tor act;s of violence or inticidimation, or
armed dis-tirblance,  or  riber  or corrupt; influence which shall
prevent, or te'nd to plretved, a  fair (or) free (or) peaceable and frill
vo'te of all tihe q.inalfied electtors of said connt;y. "  You'will see
from this thai; thie:ldges of election are only to nruake the statemennt and th.e tltree citizene to corroborate it, nllder oatb-., that
these arcts or either one of thetm "ten dto prevent; a fh air, full, peaceable anrd full vote of all qualified voters of said (county.  They
aem nRot recquired byi;he section to swear that these acts or either
of them did actually prevent a fair, free, peaceable and full vote.




Suppose there should be a tumult or riot at or near the polls
or voting place on  the days of election, and suppose thlat riot.ends to, blt'does not in fact, preven:t a fa-ir free and full vote,
onught the vote at tha-t box for this reason to bs thmarown ou;t?  An'd
rhlould'any    man or set of men be enabled by -llr tlde  such a.state oif-i ctCs t  t}hrow  themn  out?   E'very hronaest min-rded  nanli
will a.t once say n.o,-because this would pult it in the power of a
feW wicked, corrupt and. designing menl at every election -t-hvoughot; the staite to defeat the will of the people, which, we truist' w,-a
not th3e design of this section.  Yet by Section 2h5'th of;his Act,
the returning officers maly upon the statement of these judges of
election corroborated by the-a ffidavit of the three citizens in form
as requceired in the 21.st Section of  t-hiis Act pa.,s  z!on  arnd ref/a.'s
"io canvass or compeei~ the st;atemefirt of tIhe voters -at, such poll or
vi' rig platce,  and  exclude it fiot their returns."   lhis shows
now liaird -it iis for iEt1-  n ople Of Lexas wlho are opposedi to the,
ip,;' essive policy of'the'presen,- admillstratlo n'to,get to o  v t e a-rid'; th'1eir votes frai.`ry counted and returned;. —bhut:t, o        d(to plirr,
— t;Ihe daq- of olur d!eliverance is not ftr1 distant.    oe  its not,,;7;,ike the reader as bei.g rather silgullarl  that in all ele( Lions
whiteh L have beefn h.eld during t'he presen t    a dminisltration,.   tihat
i.e votes at -ihe poll' or voting  )-L.aces wich  -I gave-the 1.adminis.;-:it-a
totin par-ty tihe majority, have not in -a single inst;ance been tfhmrowv i
o, at a, nd that tle vote's ait so nl'any polls or voting'pl;:Les willch
gave l'.l...  mau'rjori, -ieis a.ctainsY the,dmin istra tion r,:, rty ha-ve-been
th-rownL o'ut?  WIy   is -  th'iss   Let Lt he (c-'verno)r anld hi  s hired
too)lls  ans,,v er tihis  tiesttion, for   e    nw I t he:rie, 1 ob;e:f, -of
the Legisl.AUre i passi   this lAt hat e;'he  protecl;ioon and
prlrity of the b;tlot box" they mIi.oht have ef-feCotetlai   accomdiA;,l1h>-.ed this byr e }"it"[bliatine't poll or voting plach  e il: e aclh ji usy';ces l.,rpe
cinci; in the several counties throug'hout thIe'sta, te   v-i.hi  would
have greatly lessened the inconveniences of the people, and pre



ventel  the assembling  of such  immence crowds of men at the
county seats ivhich the present law necessitates, and would have
destroyed whatever tendency might exist -owards riot or tumult,
or acts of violence, or intinidation or arraed disturbance, and
greatly faclitate. d; Ji r;f free, peaceable arnd fall vote of all the
qluali]fied eiectors.  The fenaotraent of such a law was coutern-plated by the Seventh section of Article II:, of the State Constitution, which  d.eclres that "all elections for state, district or
eounty officers, shall be held at, the county seats of the,several1
rournties,until  otherwise 2provided by lawv.1 
We will now glance for a nmolaent at:the A-ct ent:itled  " Arln
Act to provide for the.p rotectionz (' the frontier.
Thlere is no class of ou-r -fellow citizens who more justly deserve
aM-td merit the aid  and syrmpathy of the whole people of Texas
than our exposed and ulnp-rotected firont;iersmen, and we would
naob by word or (Leed throw a straw in the way. of thei:_ complete
p.rotection.  Bat it is not even -to be hoped that theiy will bh,
protected by the enforcemuent of this act.
The mlost effectual, if not indeed the'oly way the  frontier.af.n be protected is to permit the people on l;he frontier to raise
companies of rangers among themselves and  to select their own
offcers, from such men as are known and tried. Indian  hu-ci- t;e.rs
Ift the government wvill do this and pay the ]langers wel.l  f)or
their services, in a short tige the people on the frontier will feel.secure in their homesr and property.  By this Act the Governor
is to raise and muster  into the service of the State for the protection of the N.orthern and Wrestern frontier twenty companies
of Texas Raagea rs to consist, f f one Ocactain, one Lieutenant, one
irediicel offi-er, three seroeallts, four corporals, one buglei;  onIe
fl[rrier (what does a compaauy of l'rontier stocl'rrisers want with
a farrier?) antd fifty privates..
J section thrree of fthe Act itle Governor appoints the Captains of corDtlinmes to enrol l thle requisite number of men for thie.




354
compa7nies, and when as many as fifvr mene  shall have been enrolel  for 5.)tany onre 0 coraca1ny   sanid company. sha-ll organize by holdIng an e,ecti,.on For ]]ieuet.enant.    This is all'wronjrg, each compan  sho(ld. have hiadT the privilege of selecting their commalni-nding
ofe cer,  and thlis                                        t Act ought to require thte oflicers at le-it eto be
fron tierssmel.  By section 1.2 the Governor appointi;s te Ofi,:}ier
to cor.nin  a ind. idinrect'the nioveinlent;s of the whole trevntir co.mp'anies.  TI liS is wronlC-.  anId hlad poliC y, if the protectlon  of tl'e
fronit;ieir is 4the  aIiin odtbjeit.
TIhe  na uagenC ent oft:he entire force raise  I under thie   rovi
sions of this alct sha1lll be at all tilmes -ndc/er  a.id s'bj'- to tho   e oT.ldier of t;he Govelnor o.  biese  twentiy conmpanlies constlsiut[e t;h
t: ilid win  of 1:.he lGoverinor s Sn y.   I this og'ianiijziin has in
the sligiatest ed.tidegr riendered the peopl.e of the frontier auny prwotecjun;io n  we have t e~ Tet to learn the fact;  and if it ever does  giv
thiem  securitrv taI 1ni protuecl;ion we wil] be  mol t b groeeail y  di-ap.Die  wil.eiv   inl c(, onectiol with;lie:[orecoinu        t an yaf
en.ittedl "an     1 1n o2ovt;ic;lT cgr e isi, Rc,,ve rtnd sale of ie ilo'wi,7 o/
1t/ie  Vge for 1/jr pta-ose o f o/rngeeig, e a afpfpopria6(7io,, mivcn.C i'nad'
~ -a2'is,;,loxi' q   Il.,: w an,:/er Covn)anies on the Afcr/I;o:?r."   Se5;i. ].so t of
this.Act provides for thie issuance an.d sale by the Gt-overtnuor o
ietven hundred and fifty thou.sand dollars of the bont.ds rf th"e 4nioa,i,;   \ eas bea r   t ing  seven per cent interest per annum,  the ii;lI.
avao;i:  e sem. —a'lnllut~an t  ~.n gold on t;ihe ].st day of'  te.ie r,end
iaric   of eac h nyear.  3 v section second said bond(s  atre  to be i,sa-ed uinder the direction of the Governor, acnd areI to be retadeeLim-:
a. ble IL! the pleeasure of ethe State afi;er gle'/l, years,   andl payable
foIy ty  ve:arns tornm d.ate."  This places m>ore povwer in i tihe Governor 
U-y i.:_~cing she money off the people at his disposal.
ihe following figures will show *whelether or not this financial
ariangement will:esn1t in benefit to the people of the State.




35
Let us suppose, the Governor sells these. bonds for seventy-five
cents on tfhe dollar, rthe State  will then  realize frormL  their sale
t'he sum  of five hundred and sixty-two  thlousand dollars  in  currency; dedul-ct from  tbiis  amount one per cent allowed the agent
for selling, ancl two th ous        anid dollars for engraving annd printt ng
a,ad  we ha-ve left ifive hunldred  a.nd fil-ft  thnree thousand  dollars
in cul. rrency  as t;e net; p roceeds of the  sale of the  bonds.  Tbme
t-eopl.e p4,j.Iy,    nnrltal1 oin these bonds as interest fifty- two thousandt,'I'
five  lhulonredl   dolla3s  in  gold.   If the bonds a,re -redeermed i:r
-ntyv      em yea:rs [hye people  wil thern have [,a:id in interest,  ore rail-!ion  ca.1r1( sixtvy thlousadl  dollars in gold.   A.dd  this ramoumnt  to
1even lhm.mundrild and fifty thousand  dollars (the amcaount necessaryIt.  eldeemr  the bonds) an(d the. Stc4te wilt ha.ve p.il.  in gold One,?;/imon   ei,/ltd  urold,ed tleona.scnd doZlla,rs, and will h]aive rece.ived
in l ie.,:. of t.htt eno-irlous sum- five hundrced a<nd fif'ti t'Y3-re tt.'oi -
irld dtollars in curre-y, yl a.nd if -the bonds are not, redeeamtd for
firtP:y years, the  trate -will ha4ve  paid in. gold for five hundred a.nd,
f-fty three'thoulsa' n   dollaits il curlrenc  the round  sum  of thrti; 
m niolion. six hundred thousand dollars   in goil.  It w.ill not'tc —.,n,-ivtv s>uch_1 enIllct tent;   as thwd to bi.nmnlpt, the Srin,.
A_,,-a,,  e    e u po  nl, twhe  su iecit  oi bonuds,( w;:,;t  a V ell r,-viw 
the-      A rct  ap,- lrre'.y rove''7 ~-.  1E:ltt e:  (/.   Wf t,
Fli  Act, a:  1 o M   l',Ics, l     l je >( I'mm  entidl,._ "cfn, A, t mo'Tu,~tori:e. t' e I o/ e (  Ovfer   to' c/;,: c'o  0o-o.':,,4i.'",_0 ('ao (oi io:f, l  ft..f.
t(37}E ot to 10(0/ (514' (1J'/(c("'O I M   cc i    ) 1(m        o     --
187/1 aInc, 1872, a:.. cc, c   o'ol'i   jji' oIn- t.',o/in'I  0'.'l.,  bo'c.'~,'. secti.on tlst; -ih.e tiG-fovrnol     is empowerled to haIve:,pintll   or,:.'Ix'ravecint aln a,.norl;   oft b               onds  noet to  exedin alue fLer h   irn-.re d  t;housautd diclls iars, with:oulporms bear'ingi   lon Ipers  cnt.;  per
anl'.nulm  intelrest, to sIppTllJ  y  any I(1icti cl(V of t vi:l.  cenlle fi:)r t-1ci.rren't    and s.ensuing year   tid to iet aiprop iaiti-on  s foi)r sulppaor t
of th1]e S-tate Goovermnnent and other purrlposes.,




The people of Texas Nwho pay the ta:xeq., we are disposed to
thinlk, have long since come to the conclusion that the vari.ous
and burdensome taxes which. they are now required to pay ought
to be suflicient to defray all the legitimate expenses of the government.  If the governmelnt is now borrowing mnoney at at  high
rate of interest, or what is still worse, s-elling the bonds of the
Stbate at arny discount, aInd. paying ten per cent,, per annum interest on them to meet the current expenses, da.ily increasing,   t is;1;
svery evidet                    eet that     oder; to his atI dditional indebtedness
the present rate of tax-.es will have to be increased, to such. an extent as w-ill completeiy  exh;aust the resources of the people.  By
section 2d of rhits Atd these bonds are to be paid in lawfu- money
of the United St;atl es (Currencyv) the interest coupons thereojn t4o
be paid sermi-annually  on the Ist day of September and Match
of each year, and_ to be red.eemaobie at the plet,asure of the State
after two year's, ard,.,yulabie five years a-fEter dat;e.  The Governor is to sell the bonds and receive the m'raney.  Suppose he sells
tfhent for eighlty cents on the dollfar, they will brinlg thlree hund red and sixty thousancd dollars, deduct from  this amount fo:lr
thou-salnd dollars wvhich is allowed the Governor by the act for
selling, fift-een hulndred dollars for engraving and printing the
same, which leaves three hundred  and fifty four thousand fixe
hundred dollars net proceeds.  The people have to pay in interest each year u-pon these bonds the sum of forty thousand dolJars.  If the State is able to redeemn t:he boCnds in five years, tle.
people will have paid in interest above, two hundred thousarllri
dollars.  Add this to the amou-nt required to redeem the bonds
and the people will have paid six hundred thousand dolLa rs. Add.
to this amount the debt created -by the sale of the bonds under
the Act of Atgunst 5th 1870, three mill:ion six hundred thousand
dollars in gold, and the tax payers of the Sta'te will have paid
from  their hard earnings, and we fear in very many instances
from the sale of their property by the sheriff, the sum of four.




mi:ion fve hundred thousa and dolla-rs    and the state will have
received in lieu of th.is amount the,.sum of nine hundred and
eleven thousaid dollars to be applihd to defraying the expenses
of. he governmen't.
At  the present prodigal ra-te of expenditure, when will the
people be able to pay this debt?  By the last section of this act'
the Legislature declared the Act "'to be irr''epeaab e inz any ofi's
prov)isio.ns till principal and interest of said bornds  are fully paid'".E.ow absurd this declaration 
Is it possible that t'his - egislature las arrogat,,ed to itself the
power to bind  all future Legislatuares in  the State?   There
never did, there never will, and there never car exist a Legislav,
ture possessed of the,rg/zht or. power' of binding and controlling
tui1ture Legislatures.  They had just as well declare that EdmundJ. Davis shall govern. the State of Texas till the day of judczgmenLt
All such Acts by which the makers of themt  attempt to do what
they have neither the power nor the rightt to do, nor the  power
to execut;e are in themselves null and void.  Thi.s Legislature assumes to itself the power to entactl CoInstitutions for the people of
Texas as Nwell as laws.  In an ac- entitl.ed "anl act t'o prevent the
cessation of judicial functions &c," approvefd Junme 18th, 1870,
page 10 the Legislature declares in section 2 "thait the Supreme
J'udges are authorized and required to pioceerd in the discharge
of their respected furnctions until appoitntieri;rts shall be made by
the Governor, acor1d( ng to tlhe Con'sti7a,,~tbonT aj fln'/tJs to be enac    -
ed by the ]eyislo;t, are.
But we may be tol.d that tlhis is a mi.l rinit  why siould this
be a mLisprint sany more than the irzrepleabie Act t? it is runeh:less absurd and easier to be executed.  BLtt rwe are tolWd t;hat the
irrepealable Act confor-.s to the 23 secotion of Ac-t oXI   of the
Constitution.  It violates that clause cf'the   Cu'tiutatio,.  The
Constitutioon declares that "it shall be the d aty of the- Legisla'
tu re to provi e by law in all cases' when:.State o' County delst -i




38
created adequate means for the pay:ment of the current ill-lerest
and two per cent as a sinling fund for the redemption of the
principal; and all such laws shall be irrepealable until principal and interest are fully paid.  The Zir'9elealable law above referred to is not su6ch a law as the Constitution defines.  This Act
makes no provision for a sinking fund of /w.o per cent for the redemption of the principal but requires that thirty three aInd one
third per cent shall be paid on the bonds annually when they
become redeemable.  Does the ConstitLtion authorize the Legislature to declare this provision irrepealable?  No! It does seem
tlhat the 12th Legislature has passed no law, tall the provisions of
which conformed to the Constitution.  As it is not our purpose
in this review to point out objections to the Constitution, we -will
leave this subject to the reflection of the reader.
Again, by the Act approved December 2nd, 1871, entitled "anr
A.ct authAoriziMg a loan to mneet dlfic incics in t/he re, velnue of A/e
Slate," the Governor is authorized to have engraved the bonds of
the State of Texas to the amount of two million of dollars, first,
one million in bonds of the denomination of one thousand dollars
each; second, five hundred thousand dollars in bondcs of the denomination of five hundred dollars each; Third, five hundredc
thousand dollars in bonds of the (lenomination of one huncdrled
dollars each.
Said bonds shall be payable twenty years from the date there0f, andi shall bear interest at the rate of seven per cent per annum  payable semi-annually, viz: on the first day of Janu.ary
and the first day of July of each year.  Said bonds to have coupons attached for each installment of interest which may become
clue.  The principal and interest of said bonds shall be payable
in gold at the treasury bf the State of Texas, or at the city of
New York through such agent or agents as the Governor may select to pay the same.  Said bonds shall be signed by the Governor and Treasurer of the State, and countersigned and registered




by the Comptroller with Lhe seat of the Stiate of' Texas alTised
thereto.  The Governor appoints the agent to sell the bonds in
the city of New York at sulch times and in such quantities as he
may direct.  The amount to be paid for these bonds is left discretionary with the Governor.  He may sell themn at par, or for
five cents on the dollar. Neither he nor such agents as he may
appoint are required to give bond to secure the payment of the
money into the Treasury of the State after the bonds shall have
been sold.  To s  the least the his is' placing before the Governor
and his agents a very great temptation.  The Legislature before
it passed this act should have read tha.t part of the Lord's prayer which savs "leazd us not u'0?io te'npt/Fttion_."
Suppose the Governor sells these bonds for eighty cents on the
dollar.  They will bring one million six hundred thousand dollars, decduct from'this amount one per cent for selling and five
thousand dollars appropriated for engraving, anrd we have as net
proceeds of the sale of the honlds, one million five hundred and
seventy-five thousand dollars in currency.  The people of the
State will have -to pay annually the sum  of one hundred and.
forty thousand dollars in gold as interest on these bonds whicL
will amount in twenty years to two million eight hundred thousand dollars, which addled to the bonds sold creates a de'bt; agailnst
the State of four million eight hundred thousand dollars, add(
to this, four million two hundred thousand dollars in gold tbhe
debt created under the Acts of August 5th, 1870, Maay 19th.,
1871,  and the State debt is increased to nine million of dollars,
provided the interest and principal be not paid  And at the
present rate of expenditure it will be iimpossible to meet the interest of this debt without additional taxation.  And Governor
Davis must be considered the "Keystone" of this combination,':the life and blood of this conspiracy" to bankrupt the State a nd
oppress the people wit;h ta.xes, taxes, taxes t;oo grevio.iS to be




-4 0'borneo    In his mnessageto the  Senate and  ieuse; of- Repressentaatives of January.0 th, 1.871, Ihe recommerends thie passage of these
very laws,,   IHe sam.s. "there mulst owever be a revenue provided
saucie:nt for Athe just necessities of the government, and the only question to be solved relates to  its assessment in the mamnner
least oprressi've to tlhe poor and so as to prevent evasion."
Here the GOVernor   Iraws a, adistiCt;ion bei;tween the rich. artd
the poor of the Sta —e,  Does he mean to say th:at a. man once
po-or, who h.ais by,  the,s'weat of his brow and,  by, strict econom.vr
and sel'f deni1 acucmuli.t.ed property, therebyx places himself be —
yond the protection of thl nlaw, and becosoe   a,'sgic;umate subject
for oppressive   xation?  The Governor in fact a{ays that the only questions to be solved relates to its a ssesismnenr ~  in the maunel-'rost o~pressive to -,he risc,   The Constitution  repllire.  t.xaxation
to be equT/al and u-niforla throuXghout the S4-Itate,'fLhe GCo-vernor
hasd an object in view when he used this language; anud thlat object was not in -fact; the relief of the poor, as we shall show  wIheYn,
we consider the,,ffect of heavy taxation upon tle poor nla'
whether he have or ha-ver not property to be directly taxedl.  hne
oppression comes on himi, and ne _ feels it. but; it comes in a disgulsed. brfm.
We wil]l Inow review the Act entitled "an.7, act -eo provide for tie
ptayment of t,he pz'71i,,;c debt of the StarIat e q/'  Ix as"   apr tived APCb
2nd 1871.
By thiis Act thle Attorney General, Comp,.troller of Phublic A.cclouits and St;ate Treasurer are constituted an additional,   board
of which tlihe.ttorney General is the president; and l.egal adviserr.
It is ma.de tb.e duI;ty of this b<oard to examine all. ] claims:for money
s gai. ns the St,;ate reportedtd on by the board organized  under f'he
provisional. Act of Niovember 9th  1866  nd.d the amount of in —
debtedn.ess on accoun-t of the penitentiary incurred under com'petent authority, and to admit and alo,1tw  all of such elaims as'to
ko mappear just and. valid Jlanims against the state, and were
thrste  appear J41 dfBst and~P   Valid,  jl-tlbai  S-)- +  7j




41
authorized by preexistiag l.alws, and are not inconsistent with the
Constitution of the State.  This board shall by its president endorse on said bond. or boilnds ithat th.ey are -valid. and on presentation at the treasury the same shall be paid.  This Act only permits the additional board to exaim-ine and endorse as valid the
claims for money agaiinst the stat;e reported on by the board. organized under the Act of November 1S66, and the amount of indebtedness on account, ofl th:e:pe:niten-tia y.  The Governor by this
Act. is autho<zrized to procul.re the mreauns to pay off the indebtednless as ascertained lby the report of this additional board, by the
issue and sale of six per cent coupon bonds of *the st;ate payable
in Twenty years —interest payable semi-annually at the treasury.
The Governor is mado the aagent of the Si;atl;e to sell or otherwise
dispose  of the bondst.   rWe urge no objection to this; —-but we
have grave objections -to -urge against the Act entitled " An Act
sptip~plencmat x to t/ti, act approved May 22ndi 1871L
This supplemental act gives the autditorial board in addition
to the powers granted; in the above act the power to audit and
allow all. the claimis that imray appear to them just and valid claims
against the Statbe.  And the board shall by its president endorse
on said bond or claims that they are valid; and. on presentation
oJf the same at the treasury, the same shall be paid when due,
ai~d for this purpose fifty' thousand dollars are appropriated provided that all. allowances of claims against the State shall be subject.io the approval of Ithe Governor before becoming valid claims
against the stat[e.  T'S:lese two acts enable the auditorial board
and the Govern0or to say what the debt of the St;ate is or shall be,
and the Governor is authorized to issue and sell the bonds of the
Srat. to discharge the inmdebtedness.  Sutppose the Governor
hould organize an army of one hundired thousand men. in addition to tthearmy ailready organized anwd keep them in serrvice two
years, and present a claim  of ten:m.iiion of dollars against the




42
Btate to this additton al board(, what in this Act would prevent
them from " auditing and allowing the claim"?  They are commanded by this suppiemental Act to aadit and allow~ all claims
that may appear to them just and valid claims against the state
and authorized by preexisting laws.
There is a preexisting law which enables the Governor to organize as many troops in Texas as he m-ay think proper under
the naume of State Guard, Militia Bill Section 3rd, and he has
"pozwer to'egootiate withr the govezzrnmennt of the U1izt-eclZ States f'i'
the loan or? pl7urchase of ag-rs  foi the tse of iie miliVtary freKe of this;State, lb. Section 23rd.'This ].aw provides that these troops shall be paid.  If this auditoria.   board " au.Tit and allow,, clairzs agasinst the state " which
are not just, to whom are they responsible?  To no one but thelmselves.  If the Governor issues and sells the bonds of the State
to discharge invalid claims, to whom is he responsible? to hime,-,e|lf alone.
The Legislature fraudulently and illegally elected as it was, is
nev-ertheless supposed to hold the purse of the State in tru.st for
t;he State; but in the manner in which this Legislature has acted
"'it is like a man being both mortgagor and mortgagee, andl in
the case of misapplication of trust it is the criminal sitting in
jiudgment upon himself.  If those who vote the supplies are the
sarne persons who received the supplies when voted, and are -to
account for the expenditure of those supplies to those who voted
them it is thet.selves accoantling to themselves, and the Comedy of
Errors concludes with the Pantomime of  ust."
While -we are upon this subject of money perhaps it would be
appropriate to review the I'ax laws passed during the present,
adrninistrati on.
" An, act to levy tbaxe. 
In order that our readers may the better -understand the rapid
increase of taxes aT(der the present administration, w we  willi qote




on-e section from the law passed in 1870, and several sectonss frow
the act of 1871 approved April 22nd.
Section 1st.  There shall be levied and collected for the use
and support of the State, on all property real and personal, a
direct advalorum tax of one third of one per centum on the 1st;
of January 1871 and on that day in every year thereafter.
An Act to 2ivre ef//ct to tle se'veral p2'oviSitons of the Co.nstitutio,'
conco.rning Taxe,.
Section 1st That each and all of the several provisions of the
Constitution concerning taxes shall have force and effect according to their terms and as hereinafter enacted and the following
enumerated annual taxes for each successive year including the
present year are levied and imposed, and are to be assessed co.lected and applied as hereby prescribed.
Section 2nd.  An annual poll tax of one dollar onl all male
persons in this State between the ages of twenty one and sixty
years for the benefit of the public school.
The direct advaloruni State Tax.
Section 3rd.  An annual direct advaZlormn  State tax of one
half of one per centuml  of the cash value thereof estimated in
lawful coin of the United States on all real property situated and
personal property owned in this State, save so much thereof as
may be exempted from taxation by the laws of this State or of the
United States —one fourth for the benefit of public schools, and
three fourths for the support of the State governmrent, and for
such other purposes as may be'by law directed.
The direct advalorutm county tax.
Section 4th.  An annual direct advalorumn county tax of one
half of the above mentioned rate of taxation on all real property
situate, and all personal property owned in each county in this
state, save so mnuch thereof as is exempted from taxation, as aforesaid, for the support of the several county organizations thereof




44
and for.uch other pubic purposes as t.he cou.t he-roof may Or
der.  This tax, if deemed too large, may before the colloction
thereof be reduced to any specific less rate by order of the county,cour'k
Section 5th.  A.n annual direct advalorum  tax of one fourth
of one per centumn shall be levied on thle value of a!l property
subject to taxation thereby for public roads and bridges, to be
applied by the County Courts,,subject to such regulations as the
Legislature may prescribe, also an annual poll tax of not lo
than one dollar upon each and every male person over twenty
one years of age, to be imposed at the discretion of each county'
court, respectively, any person thus -taxed having the option of
working upon said roads or bridges at t;.he rate of one (1o01ar per
day.
The occupation Tax..
Section 6th. There shall be levied on and collected from every
person, firm or association of persons, pursuing an-y. of the following named occupations an annual tax (except when herein otherwise provided) on every such occupat;ion and sepaxat estabibhment as follows:
1st.  For selling spirituous, vinous,.mat  or other
intoxicating liquors in quantities less thaa a,.quart......$4510)0
2nd.  For every billiard, bagatelle, pigeon hole-, or
Jenny Lind table.......................................  25.00
3rd.  For every mine or ten pin alley within any
incorporated city or town used' for profit..................... 20000
4th.  For every nine or ten pin alley beyond the
limits of any incorpora'ted city or towvn or couinty site
used for profit..........100.00
5th. For every foot peddler in each and evelry coun t..  1.000
6th.  For every one horse peddler or a peddler with
one yoke of oxen                                            25.00




45
7th.  For every peddler with two horses or -two yoke
of oxen..                                                                  50.00
8th.  For every gift enterprise.....................   500.00
9th.   For eveiy theatre or dramatic  representatioi
for which pay for admittance is demanded  or received
for each lepresentation thereof...........................    5.00
10th.  For every circus, for each performance..........    25.00
11th.   For every menagerie, wax worl- or exhibition
of any kind, every dclay..........................................  00
12th.   For every concert for money................00
13th.  For every hotel in any  city  or town of three
thousand inhabitants or more.........................   50.00
14-th.   For one less than  three  and more than one
thousand.................................................2..       5.00
15th.   And for all other Hotels........................               15.00
16th.   For any cook shop, eating hoause or boa-rding
ho1lse..........................................                         00
17th.  For any  livery stable in any city or town of
five thousand inhabitants or more........................0
I8th.   In one of less than  five and more than three
thousand inhabitants.25.0...........................
19th.   In one of less than three and more than one
th;lousandl   inhabitants........................................   10.00
20th.  And for all other livery  stables...................    5.00
21st.  For every distillery........................       100.00
22nd.   For every brewery...............................              50.00
23rd.  For every whole sale rmerchant..................... 150.00
24th.   F'or every first class retail merchant........... 100.00
25th.    "       "   Second "..............   50.00
26th. " " Third   "                                                     2i  "..............   25.00)
27th.            "   Fourth.........   10.00
28th       "     "   traveling agent selling patent rights
or patent specific medicines......................    50.00




46
29th.  Fo' every 1)1s0oll 0r filrml dealing ill stoctks or
Bills of Exchange in  any  city or town  exceeding five
-,thousand in population..................2......         -50.00
J0)th.  And from  any such person or firm in any city
or town of less than five thousand inhabitants...............  00./0)
-'31st.  For every life insurantce company doing  busiriess in this state............................................ 5(0.00
32nd.  For every fire and marine  insurance  company! doingo business in this state................................5...  20. (0:33rd.   F~wrom  every physician  surgeon or dentist........  10.00
-)-lth.  Every attorney at law................................     10.00
35th.  From  every daguerreanist in a town or city of
of less than five thousand inhabitants........         -.5.0O
3 (th.  If more than five thousand inhabitants...........   50.00
37th.   For every auctioneer......................        5.00
38$th   For every Barber -for each chairl...................         5.00'3 t h.        " "   person or firm  following the oecupaitionI of ship, merchandise  or cotton broker................... 40.00
40th.?For every. pawrnbroker.............................    0.00
ilst.  From  every keeper of public ferry................. 10.0
-ind.'.....' toll bridge..................   10.00
C43rd. "i   person  or firm  buying  or  selling
lon Commission......000......................................
44th.  From  every land agent......................               1(.00
The County Courts of the several counties of this state shall
have the power of levying taxes eqfual to one half of the anlounts
lierein levied.
45 th.  There shall be levied on, and collected  fiomi  any  and
all lailroad  and  Telegraph companies doing  business in this
State an annual tax of one per centumn   upon the  net receipts of
the same."
The subject of taxation deeply and directly affects the interest




47
and prosperity of every man who b  i1ndustry, frugality are( apl
plication to business has accumulated property, it also very materially affects such as have no property and who are forced to
gain a livelihood for themselves and families by the (daily labor
of their hands.'
Heavy taxation reduces the rich to povertyv, and prevents th(e
poor from becoming rich.
It not only affects the present generation of tax payers, but. to
a greater or less degree their children, for if their father is brolrenl
up by excessive taxation, it disables him from giving his sons alld
daughters those advantages so essential to their happiness and
success in life, ard leaves him powerless to render them aid, and
forces them to commence the battle of life with no capital, biut
physical strength.  It deeply affects the industry of the country,
breaks the spirit of the people, and renders them less able to meet
its demands.  It renders the people discontented, and makes
them dissatisfied with the government, which in -turn weak,'elns
its power and brings it into contempt.
We see that the first tax law passed during the present ad rl iistration (which we will herein designate as the law of 1870):)provi.des for the levy and collection on all property real and I)erso-.
nal, a direct advalorum tax of one third of one per cent, which
is thirty three and one third cents on the one hundred (dollars
worth of property, also a poll tax of one dollar.  By section 7tJth,
the Police court has power to levy (for county purposes) taxes
equal to one half of the State tax.  By the Act approved April.
22nd 1871, the direct advalormv, r  state tax is increased to one
half of one per cent, which is fifty cents upon every one hundred
Dollars worth of property in the State —by this Act the county
Courts, are authorized to levy a direct aclvalor'u.rnm county tax,
and in addition to that a, direct advcalourmnz Road and bridge teax
of one, fourth of one per cent;um on all rea.l a.nd. personanl  pi'-Ol:per



48
ty around or situated in the county;  in addition to this the
State levies an occupation tax, and the county courts levy an occupation tax of one half the amount of the State occupation tax.
The justices of the peace receive five per cent as commissions for.assessing the taxes, which is adided in each assessment and pa.id
bty the property owner.'We will now show by figures what this tax all amounts to.
We will take a first class retail merchant.  Firstf. he pays an
occupation tax of one hundred dollars.  Second a poll tax of one
dollar.  Third, his acdvcalorum State tax.  AWe will estimate his
lots and store house at fifteen thousand dollars;-his advaZoruma,
state tax on that amount is seventy five dollars per annum, suppose he sells during the year one hundred thousand dollars worth
of goods —his State actvaloruwnz tax on them amounts to five hun(lred dollars, his tax for district school houses is one fourth the
amount of the direct adcvac0torur  State tax which on his real and
personal property would amount to one hundred and forty three
dollars, and seventy five cents.  This foots up eight hundred aind
nineteen dollars and seventy five cents, add to this animount five
per nent for commnissions to the justice of the peace for assessing
state tax and five per cent on all this for frontier protection, and'we have nine hundred and one dollars and seventy five cents,
the merchant's State tax.  WAAe will now see what his county tax
foots up.  Poll tax one dollar.  His county ad, valorrtz  tax on
his house and. lot and goods amounts to three hundred and ninet-y five dollars and eighty six cents.  His direct adcialorum", road
a.nd bridge tax of one fourth of one per centum  on his real and
personal property amounts to three hundred and seventy five
dollars.
His occupation tax is fifty dollars.  This for county Tax foots
up eighteen hundred and thirty nine dollars and twenty eight
cents. Add -five per cent of that arnrount for commissions for




49
assessing, and. we have the merchants total county tax eight humi 
d(i'ed and eighty one dollars and twenty four cents, which added
to the state tax we have one thousand seven hundred and eighty
three dollars and four cents.  AWhen he pays this, the State and
county let him go, instantly the Corporate authorities seize him,
and he is required to pay an annual tax of one half of one per
cent upon his property in the corporation, which would amlount
to seven hundred and fifty dollars.  This swells his taxes to two
t;housand five hundred and thirty three dollars and four cents.
Is: this all?  no, no, as soon as lie gets free from the marshall
he is accosted by a finely dressed strranger who very politely informsis him  that he is a collector of the United S-tates Internal
]-,evenue Tax and would be pleased to receive the tax due upon
lis income, — and he receives from the merchant a tax of five per
cent on his income which on ten thousand dollars, is five huindred.
This amount and the others added make his entire taxes amounrt
t;o three thousandc and thirty three dollars and four cenLs.
And this is not a!l.  The present administration is at -this Mvo
mint forcing'from tthe people, a tax of Seven Eights of one per
centem-on all the rea l a.and personal property owned in the State
for the ostensible pur-pose of building School houses.  This would
swell the merchants lax-to Four Trhousand thirty nine dollars
and twenty nine cents($4,CO39.c29) all of which amount ultimately
comes out of thle pockets of the producing classes,'who are forced
to purchase and consum.e the merchants goods. We from hence
see that taxation is a many sided burden.  It burdens the people by lessening the va:lue of their property, and by increasing
the value of tihe articles which they are compelled to purchase
for consumption, thereby rendering them less able to meet it.
The Legislature by one part of this law, has increased the expenses of living and have taken away the meansi by another.
The laboring nman is not sensible of the weight of the ttax
whlti.chl tbhis law iSmposes upon him, l hs, lcanue   disgt uisssed t;o himrs




50
ih the articles which he buys,, and he thinks only of their dea'ness.  He finds the prices of sugar, coffee, bread, clothing, and
every other article which he must buy for the support and cornfort of his family, so high that it requires the hardest labor and
strictest, economy on his part to enable him to live at all, and7
still he discovers not the cause.  The present taxes take from
him at least one fourth part of his yearly earnings; he is conselquetly disabled from providing for a family, especially if he or
any of them are afflicted with sickness.  The money arising from
these taxes ought to be toncbed with the most scrupulous conscienciousness of honor.  It is not the produce of riches only, but of
the hard earnings of labor and poverty.  It is drawn even from
the bitterness of want and misery.  Not a beggar passes or perishes in. our cities whose mite is not in that mass.
The tax on the various other occupations named in the Act i,,
as high and in many instances higher than on —that of the merchants.  By the tax law passed during Gov. Throckmnorton's administration in 1866 the annual advalorum State tax was on:l
fifteen cents on the one hundred dollars worth of property, and
that of the county seven and a half cents on the one hundred dol.lars worth of property, making in all twenty-two and one hall
cents on the one hundred dollars worth of property, which was
sufficient to meet all the expenses of the government, whereas by
the tax law of the present administration, the advalorum  state
aC.nd county tax amounts to two dollars and fifty two and one
half cents. The stockl raiser's tax amounts to four dollars and'seventy seven cents upon the hundred dollars, and withal the State
is contracting debts.  The appropriations made by the Legisla..
lature for the present administration already foot up Five million four hundred and fifty four thousand and five hundred and
ninety five dollars ($5.454.595) and to day there is not a cent in
the lrean'illy.  The appropriatio:ns clduring CGovernor Throelrsior



51
tonl's a(Iministration for the sarle length- of time were $930,350.77 and when he was removed -there was a considerable sumL of
money in the Treasury.
By section 19 of the act of 1871, any tax on personal property
due and unpaid may be collected by the sheriff or his deputy by
levying thereon, and he mlay sell the same by advertising as in.
case of personal property levied upon under execution.
The collection of this tax will create great distress throughout
the State and excite discontent in the minlds of the people.
The poorer classes of the people will frequently be unable to
pay this tax when it becomes due.  When this happens the Sheriff or his deputy will visit their homes and seize and carry away
such property as he can lay his hands on.  The cow which fur..
nishes his babe with milk will be driven away and sold under
the Sheriff's hammer for a song.  If this does not satisfy the demand for taxes the single bed of the poor family, may be carried
away and sold.  The tears of the distressed mother and her
lhelpless clildren -will have no effect on the rapacious -tax gatl.crers.:    tLike plnld ering soldiers they'd enter the doorAnd make a distress on the goods of the poor,
While frightened poor children distractedly cried:
This nothinga abated their insolent pride."
Thile oppressions fiom  these heavy taxes are not yet as fally
felt by the people, as they will be, after tlhey have coillinued(;,
year or two, and the officers have enforced their collections by
seizure and sale; or as fully as they will be when the fellow
statute is put in vigorous force.
Section ist.  That every person or member of a firm or corporationl subject to the payment of an occupation tax who shall neglect or fail after having been duly notified by any officer charged
with the collection of any such occupation tax to comply with
iany one of the several provisions of an act entitled  "an Act to




52
give effect to the several provisions of the Constitution  concerning
ttaxes, approved April 22, 1871 concerning occupation tax shall
be deemed guilty of a misdemeanor, and shall on conviction, oni
indictment, or information be punished by fine not less than five
nor more than one hundlred dollars."
And by section 2nd of this Act it is made a penal offence for
the officer who is c'harged with the collection. of this tax, not to
indict such as fail to pay the tax.  This simply means that, if
the poor man is unable to pay an occupation tax, he is prohibited
from  pursuing the occupation, though it be his only means of
making a living, and if he does pursue it, lie,becomes indebted
to the State, and if that indebtedness is not discharged by payment when it becomes, due, the State prosecutes him, an.d puts
him in jail until he pays the tax, and also the fine and costs of
the prosecution. This is in direct violation of the 15th section of
the Bill of Rights, which declares that:t'nlo person shall ever be
imnlp~risonzedc for debt.'"
This will convince the people of the necessity of; reform  and a
change in the officers who administer the affairs of the gover:nment.
It is timLe indeed -that the people of Texas should be rationl1,
and not be governed like animals:for the pleasur.re of their rid ers.
We ought to have priide or shame enough to blush at being
thus imposed upon, and when wer feel our proper character, w-e
will.
Upon all Sllbjects of this nature there is often passing in the
mind a train of ideas which we have not yet accustomed ourselves to encourage and communicate.: Restrained by something'
which puts on the character of prudence -we act the hypocrite
upon ourselves as well as to others.  It is however curious to observe how soon this spell can be dissolved.  A single expression
boldly conceived and uttered will sometimes put a whole coam



53
panrty into their proper feeling; and whole states and whole nations are acted upon in the same manner.
No reform in this or any other respect is to be looked for from
the present administration, and whenever it does come it must
come from the people and not  from  the government.  At the
next election the people will reform these laws. They will speak,
though hell itself should gape and bid them hold their peace.
We will next consider the act entitled "an act regulating publie printing."
The first objection we urge to this Act is that the rates paid
the public printer are exorbitant.  He receives for printing the
laws of a general and special nature including the index one
fourth of a cent per page; for printing one thousand copies of
the Journals of each House, one fourth of a cent per page.  For
printing eight hundred copies of the Governor's message &c'one
third of a cent per page. For two hundred copies of bills and
resolutions three dollars and fifty cents per page and for each
additional one hundr31i copies two dollars and fifty cents per
page. For all rule and figure work he receives double the above
rates. For all laws of a general and special nature, joint resolutions, proclamations of the Governor, and other public documnents one dollar per square of ten lines nonpareil. Such prices
as above will make any public printer immensely rich in one
year. This is one of the many ways in which the people's money is squandered. Section 13 of the act empowers the Governor
to designate certain journals to perform and publish the county
and judiciary advertising of the Judicial Districts respectively
in which such journals may be published, and if no journal is published in any judicial district in this State the publication may
be made in a paper published nearest thereto.  And this Act
requires that all printing and advertising for or in any judicial
district shall be done by and published in the journal designated




54
by the Governor as the journal for the district. This sectioin
places very great powver in the hands of the Governor to be used
for political purposes.
It is an absolute fraud upon the people to require all judicial
advertisements to be made in the official organs. If an administrator in Brown County for instance, wishes to sell the property of the estate he represents, he must have the sale advertised
in Austin, at heavy cost and. it is more than probable that not a
single man who at-tends the sale will ever have seen the paper in
which the notice of sale was required by law to be published,
and the proceeds arising from the sale of the property of the estate may not be sufficient to pay for the advertisement.  This is
all wrong and unjust and burdensome to the people. They get
no equivalent for the money they are forced to spend in this
way,.in a majority of the instances. And what is still worse it
presses hardest Upon the poor widows and orphans of the State.
The greater portion of the small patrimony which is left them,
generally finds its way into the pockets of the editor of one of
these judicial organs.
One other and very strong objection to this law, is that it adds
to the already excessive patronage of the Governor.  This act
gives him absolute power over thirty-five printing presses in the
State.
He has power over the support of the individuals who run
them.  HIe makes and un-makes them. His spirit animates their
actions. He selects them from among his friends and supporters,
and may dismiss them and will as often as they disappoint his
expectations. All these organs derive all or nearly all their
support from the government patronage.  IHere we see that gbvernment patronage is distribated for party purposes.  Under
such a state of facts it is impossible for any government to maintain integrity, This government is manufacturing a poison




55
which will destroy its lifeblood.  Every office in the State is a
bribe which. perverts and corrupts the man who holds it and the
man who gives it.  No man is honest who aids anud abets any
party or set of men to destroy the liberties of the people for the
sake of personal advantage.  Yet we find that there are always
plenty to be found who will accept the offices created by the
government, at any sacrifice of honor and manhood provided
there be mnoney'in themz.
We will next consider the act entitled "anz act to establish a
system, of p.ublic free scChlools for the Sate, of:_Tcxas, ap-proved AXug.?
13th 1870.
Before we examine this statute we will say'that the people of
Texas have at all times been in favor of a free school system, and
to day are in favor of a system  which will include within the
pale of its benefits and influence every child in Texas white and
black between the ages of eight and eighteen years.  Who does
not believe that it is the duty of government) to provide for the
instruction of all youth? and that this instruction should not be
left to chance or charity but should be secured by law?
We hold that for the purpose of public instruct.ion every man
should be subject to taxation in proportion to his property whether he himself have or have not children to be benefitted by the
education for which he pays.  Such we declare to be a -wise and
liberal policy by which property and life and the peace of society are secured.  By inspiring a wholesome and conservative
principle of virtue and knowledge in our youth, we will do much
to prevent the extension of crime.  Education excites, a feeling
of respectability and a sense of character while at the sam. e time
it, enlarges the capacity and increases the sphere of intellectual
enjoyment.  By this general instruction we will in a great measn
ure purify the whole moral atmosphere.  If, indeec, our governmenit cdoes rest upon the uil (I/ the pecople, in order to protect and




56
perpetuate it, we must give the public will the proper direction
by education. By the diffusion of general knowledge and good
and virtuous sentiments, our political fabric may be secure, as
well against open violence and overthrow, as against the insidious and sure undermining of licentiousness and vice. If the
States in which a large number of the members of the present
Legislature were raised, had a good free school system established by law, we would find among them less licentiousness
and a greater regard for the constitutional rights of the people,
and some of that manliness and independence of character which
elevate menf above the atmosphere of evil passions and party
prejudice. Had such been the case their legislation would have
been a blessing to the State instead of a curse. It would have
united the discordant elements, allayed whatever animosity may
have existed, imbued the minds of the people with confidence
and respect for the government by assuring them that they
should reap and enjoy unmolested the fruits of their toil and industry. Our first objection to this school law is that it places
too much power and patronage in the hands of the Governor.
The Governor by and with the advice and consent of the Senate
appoints the superintendent of Public Instruction, who is to continue in office until the first general election, then he is to be
elected. He holds his office for four years.
Our second objection is, that it neither requires the Superintendent to give bond or take the oath of office. This act of 1870
is much less objectionable than that of 1871.
By section 3rd of the former Act each organized county in the
state constituted a school District and the County Courts thereof
were exofficio boards of school directors for their respective counties. They had the power 1st to divide the county into sub-districts —2nd to locate the school houses-3rd to levy and have
collected when necessary the school tax for the purpose of buil



57
ding-school houses under their supervision-4th they appointed
the school trustees in the-county —5th they appointed three persons as competent school examiners to examine teachers and give
them certificates of recommendation-6th they r-equired parents
and guardians to send their wards to the public schools —7th
they were to settle all difficulties arising in any of the schools of
their county, remove teachers, and expel students, and make any
separation of the students of the school, that might in their estimation be necessary to the harmony and success of the schoolSth they made such by-laws, rules and regulations as they thought
necessary for the government of the schools not inconsistent with
the Constitution. and laws.  This was all well and proper, and
would have worked well and satisfied the people. But this seems
not to have suited the Governor, and he did not inaugurate the
system under this law, but waited for the passage of -the Act
which he approved on the 24th April 1871.
By this last Act the salary of the superintendent is increased
to three thousand dollars per annum. This superintendent who
is himself appointed by the Governor, appoints for each judicial
district of the State one Supervisor of education, who shall hold
his office for four years unless sooner removed. His salary is five
dollars per day. This Supervisor tnay be removed by the superintendent on the approval of the Governor. He divides the counties in his district into school districts, and has the power to appoint five school directors for each of his school districts; but in
the exercise of this authority he is subject to the supervisory control of the superintendent.  This supervisor is to enforce such
rules and regulations as are adopted by the board of education.
The superintendent' of public instruction with the Governor and
Attorney General are constituted this board of education for
the state. They are made a legislative body with full powers to
make laws and adopt all necessary rules and regulations for the




estabishment and promotion of public schools, subject to the Constitution and laws of this state. (Tt is well the Legislature put
that in and I hope it may restrain the Governor.)  The powers
of this board are extia.ordinary.  They provide for the examination and appointment of teachers and fix their compensation.
They define the course of studies, and direct the class and kind
of apparatus and books to be used; they prescribe the duties of
the boards of directors, and generally, do all things not inconsistent with the constitution and laws of this State. The only limit
to their power is that they prescribe no rule or regulation that
will prevent the directors of the school districts from making any
separation of the students that the peace and success of the school
and the good of the whole, may require.  Doubtless this Act suits
the Governor and there can be no doubt that he wrote it and ordered it passed.  In stockmen's phrase, "It has his mark and
brand upon it."
By a little examination into this Act we will see that the Governor absolutely controls the entire school system.  He appoints
the superintendent, but we may be told that his appointment
must be confirmed by the Senate, Yes, but when has the nomination of Governor Davis failed to carry anty man through the Senate, or his recommendation failed to carry any measure through
both houses? The school supervisors are appointed by this superintendent, with the approval of the Governor, and the supe'intendent Attorney General and the Governor constitute both branches of the legislature of this mis-called Free school system.
The Attorney General also holds his office by appointment of the
Governor. The Governor by this Act appoints and removes at
least four thousand teachers in the State, and fixes their salaries.
He appoints and removes thirty five supervisors who receive five
dollars per day while employed.  He, in fact, appoints one thousand school directors for the State.  By this law the Governor




exercises a power and influence over every child in the State,
and moulds the minds of the youth, to suit, himiself.  The child
is taken from the control of the parent and placed under -the control of the Governor of the State.
The Act approved November 6th 1871 makes it lawful to kill
any one "in disguise who is engaged in any attempt by word,
gesture, or otherwise to alarm some other person or persons ard
put them in bodily fear."  The Legislature does not define what
it takes to constitute disguise.  A man who is in the habit of wearing a white hat, may be considered disguised if he is wearing a
black one when he is slain.  This Act is.a slander upon the people of Texas, and is intended to produce the impression upon the
minds of the people not acquainted with the facts, that there exists in Texas an organization known as the Ku Klux, and is intended to work upon the superstitions of the freedmen; and originate,and put in action the animosity of the two races, and to secure to
the administration party the support of those whose superstitions
can be effected by such infamous legislation.  This is plainly the
object and intent of the act; and its effect will be to destroy the
safeguards and protection which the.law has thrown around the
life of the citizen.
We will now refer to the act entitled " An act fart/her regulating proceedings in the several cour.ts. of the State of Te"xas."
By Sec I No person shall be excluded as a witness on account
of color, nor in any civil actions because he is a party to or interested izn 1he issue tricd.
We object to this act for three reasons: lst.  It tends to multiply litigation.  2nd.  It invites to fraud and perjury.  3rd.
On account of the little credit found to be due to such testimony.':' Although, in the ordinary affairs of life, temptations to practice deceit and falsehood may be comparatively few, and therefore men may ordinarily be disposed to believe the statements of




60
each other; yet, in judicial investigations the motives to prevent
the truth and to perpetrate falsehood and fraud are so greatly
multiplied, that if statements were received with the same undiscriminating freedom as in private life, the ends of justice could
with far less certainty be attained. In private life, too, men can
inquire and determine for themselves whom they will deal with
and in whom they will confide; but the situation of judges and
jurors renders it difficult if not impossible, in the narrow compass of a trial, to investigate witnesses; and from the very nature
of judicial proceedings, and the necessity of preventing the multiplication of issues to be tried, it often may happen that the testimony of a witness, unworthy of credit, may receive as much consideration as that of one worthy of the fullest confidence. If no
means were employed to exclude any contaminating influences
from the fountains of justice, this evil would constantly occur.
But the danger has always been felt, and always guarded against
in all civilized countries.  And while all evidence is open to the
objection of the adverse party, before it is admitted, it has been
found necessary to the ends of Justice that certain kinds of evidence should be uniformly excluded."
1st Gr. Ev. S. 326.
We will now examine the act entitled " an act for the as.selssment and collection of Taxes ap2proved Azgust 5th 1870.
By the 1st Section of this Act the Justices of the peace of the
several counties of this state shall be assessors of taxes in their
respective precincts under such rules and regulations as may be
prescribed by law.
Section second of this Act declares that' a justice of the peace
may be required to furnish a new bond, or additional securities
whenever in the opinion of the District judge it may be deemed
advisable, Should any justice of the peace fail to give a new bond
and additional or other securities whenever required to do so by




61
lawful authority, or shall appear to be delinquent in the performance of any important duty &c, he shall be removed by the district judge. This is in direct violation of section 24 of Article V
of the Constitution which points out the only manner in which a
justice of the peace may be removed, and that is " on conviction
by ajury after indicment for malfeasance, nonTfeasance, or misfeasance in office."
What advantage do the people gain by their right to elect
their justices of the peace if they may be displaced from office at
the pleasure of a district judge who is an appointee of the Governor?
This is a cunningly devised scheme to rob the people of their
right of franchise.  And this is not all.  By section 7th, the
Comptroller of Public Accounts shall communicate any instance
of the misconduct or neglect of duty of any justice of the peace
or any evidence of his incapacity furnished by any tAling in the
Comptroller's office, to the Clerk of the District court of the county wherein such justice of the peace was elected, which letter the
Clerk shall lay before the court at the first term after it is received. The Justice is cited to appear, and if the District Judge
shall consider there has been evident neglect of duty or misconduct in office by such justice of the peace, and if he shall be of
opinion that such cause exists, shall make an order for his renoval. Here we see that the Legislature has put it in the power
of a district j udge to remove at will any justice of the peace in his
district, and has deprived thejustice of the peace of his constitutional right of " Trial by Jury."
Can any one fail to discover the object and intent of all this?
Whatever may have been the intent the fact is that District
Judges do throw  out honest men who are governed by honor,
patriotism, and a sense of justice, in whom the people have confidence and in whose hands their rights and liberties are safe, and




62
put in their stead such men as can be controlled for party purposes, and who will implicity obey the commands of those who made
them. No man can accord a pure motive to a legislature that
passes an act in itself harsh and oppressive and when the passing
it, violates the plain letter of the Constitution which each mem-'
ber has sworn to support.
No man can be considered honorable or possessed of a pure
motive who in order to gain an undue power over his neighbor's
rights will stoop to moral perjury to accomplish it.
The cases are similar. In the one the Legislature has violate1
its oath of office in order to deprive the people of an important
right secured to them by the Constitution.  In the other, the
man has sworn that he will do a certain thing for his neighbor
in order to secure to himself a right belonging to his neighbor.
Both.are alike guilty of moral perjury.
The oath to support the Constitution is a promissory oath, and
its violation does not constitute legal perjury, yet the oath is binding.  All oaths are designed for the security of those who impose them. The people of Texas have imposed this constitutional oath oie all the officers created by the Constitution. It is therefore manifest that this oath must be interpreted and' performed
in the sense in' which the imposers intended it; otherwise, it affords no security to them. This is the meaning and reason of the
rule " jurare inani-num iorn ionentis."
When the people declared through their Constitution that the
justices of the peace might be removed from office on conviction
by a jury after indicment, and the Governor and the members of
the Legislature swore to support that declaration, how is it possible under any sort of strained construction that the Legislature
could pass, and the Governor approve, an act giving to the District Judges power to remove Justices of the peace, before indictment found, and before conviction by a jury without a clear, palpable and willful violation of their oath of office.




63
NWe will. now  consider the act entitled "an actl o eancouLrage
Stock raising andfor the protection of Stock raisers."
The Stock interest of Texas is one of the most important interest of the State, and one which experience has shown requires
the most stringent laws in order to effectually protect it from
the encroachment of thieves and unprincipled men. We are
therefore in favor of the passage of such laws as will most effectually protect the Stock raiser, and enable him to reap the benefit of his labor, This is due him from the State, he pays his
taxes and helps to support the government, it therefore devolves
upon the Government to render him secure in the possession and
enjoyment of his property, without further expense or burden
upon him. Does, this law accomplish this end?  We think not.
By section 1st of this act each organized County of the State
not here in after excepted from the operation of this act shall be
created an inspection district, for the inspection of hides and animals, and authorize the Governor to appoint in each district an
inspector of hides and animals, who shall hold his office for four
years. These officers are subject to removal at the will of the
Governor. This section concentrates more power and patronage
in the Executive.
By section 7th of this act "Every inspector or his deputy shall
be allowed to ch'arge at the rate of five cents for each and every
hide or animal.inspected over one hundred in number, and ten
cents for each' and all less than one hundred in number, which
shall be paid by the person or persons for whom the inspection
shall be made."
This creates a very heavy additional tax upon the Stock raisers.
If the Stock raiser drives fifty beeves to his county town and
sells them, he must pay' the inspector of the district five dollars
which is one per cent-um, if he sells his beeves at ten dollars
per head. This is in addition to his regular advalorum  State




64
and County tax. This is not all, the inspector is to inspect all
hides and animals sold in and taken from his county for sale or
shipment "upon each of said hides he may charge ten cents, if
less than one hundred in number. This is one percent-um more
on each head of the fifty beeves which the stock raiser has sold,
for of course this charge for inspecting the hides must ultimately come out of the pocket of the producer. This increases his
tax to two dollars upon the hundred dollars worth of property,
in addition to his annual direct advalorum State and County tax,
and this is not all. By section 21st all animals intended to be
driven or shipped to the Republic of Mexico, from any of the
ports of Texas included within the counties, not excepted from
the operation of this act, shall be inspected by the inspector of
hides and animals at the point of shipment, or place where such
animals are to be driven across the bounderies of the State, and
said inspector shall be entitled to charge and collect for this service the sum of two and a half cents for each hide and animal
inspected."
This also comes out of the Stock raiser in the end. This increases, this special tax to two dollars and twenty-five cents on
every hundred dollars worth of property which he disposes of'
in addition to his annual direct State and County tax.
Why should men who own this character of property be required to pay more than double the amount of taxes, required of
men who own a different species of property. This act is violative of the 18th Section, Article 12th of the State Constitution,
which declares that "Taxation shall be equal and uniform
throughout the State. All property in the State shall be taxe'd
in proportion to its value, to be ascertained as directed by law
except such property as two thirds, of both houses of the Legislature may think proper to exempt from taxation.  "If such a
law as the above had been necessary to effectually protect the




65
property of the Stock raiser, it was right and proper the Legislature should pass such, indeed it was their duty to do so, but
the Legislature had no right to pass a law by which directly or
indirectly the Stock raiser should be required to pay a greater
amount in taxes than should persons owning a different kind of
property.  This act takes a very strange course to protect stock
raising.
By section 9th of this act every Stock raiser is prohibited from
buying a cow, calf, steer, hog, pig, sheep, or goat from his neighbor without the written authority of the person selling, which
written authority shall not be deemed valid unless the certificate and seal of a district clerk or notary public is attached
thereto; in order to get which in very many instances the party
will have to ride twenty or thirty miles and pay the officer 50
cents for the certificate. There does not appear to be much encouragement to the Stock raiser in all this.'We have now reviewed the principal part of the general laws
passed during the present administration, affecting materially
the rights and liberties of the people, and in nearly every one
which we have commented upon, we can see the hand of the
Governor.  His brain devised and originated them, we have
been confirmed in this opinion from the spirit evinced in his inaugural address, and in all his messages to the Legislature, and
by the frequent use of his pet phrases, which we find inserted in nearly every act. The most conspicuous of which are the
following, "a general supervisory authority over," "Thorouahly
subject to the authority of" " Under aud subject to the orders of"
"Subject to the orders of the chief."  The Governor uses one of
these pet phrases, the first time he opens his mouth, to the people after his election.
In his inaugural address on the 28th of April 1870, he says,
"while local self-government still remains, it is within the just




66
bounds that there is a supt6ervisory powe'r over all."  The Governor does not define within what just bounds this supervisory
power over all is prescribed.  He next uses one of these phrases
in his first message to the Legislature April 29th, 1870. Thus,
"I recommend that a police system be adopted embracing the
whole State under one head, and that the police of the different
cities, the sheriffs and their deputies, and constables be made a
part of that general police, to act in concert with it, and to be
subject to the orders of the Chief."
The act to establish a state police uses this language "all sheriffs and their deputies. constables, marshalls of cities and towns,
and their deputies, and police of cities and towns, shall be considered part of the State Police, and be subject to the szupervisory
control of' the Governor and chief of state police." In the act to
provide for the protection of the frontier we find this phrase.
"Shall be given a general supervising authority over."
In the act to provide for the Registration of voters, is this language.  "The Governor shall have Supervi.sory control over all
registration."  In the act to provide for the mode and manner of
conducting elections &c, we have, -"the Governor shall have Su.epervisory control over all elections, he shall have control over all
Sheriffs and all other police oficer.s."  The Governor's pet phrases are used in every law by which the Legislature confers upon
him, or those directly under his control, some unconstitutional
and unwarranted power, which abundantly prove, that the Governor not only furnished the Legislature with whatever substance
the acts exhibit, but also the very language in which they were
expressed.
We  will here by recapitulation show  the extent of the
power which the Governor by his spirit of encroachment upon
the other departments of the Government, has consolidated in
himself, which creates, whatever the form of the government, a
real despotism.




67
1st. The Governor declares quarantine on the coast of Texas,
at will.
2nd. Appoints a physician as the health officer at each station.
3nd, He is authorized to raise and muster into service, twenty companies of Texas Rangers.
4th. He appoints the Captain of each company.
5th.  He designates the ranking officer of each district.
6th. He has control and management of this entire force.
7th. He may disband the whole or anlly part of this force at
will.
8th. He is commander-in.-chief of all the military forces of the
State.
9th. He appoints and commissions all general and field officers,
company and staff officers, for the State Guard and Reserve Militia, and removes them at pleasure,
10th. He appoints one Adjutant General with the rank of
colonel.
11th. He appoints a paymaster, whose salary is eight dollars
per day.
12th. He organizes the Staff department and prescribes their
duties.
13th. He designates the uniform  to be worn by the State
Guard and Reserve Militia.
14th. He appoints the officers to receive the fifteen dollars
from all persons liable to serve in the reserve militia, who may
avoid said service, by paying said amount, (which has been reduced by amendment to five dollars.)
15th. He may divide the State into military districts, and detail officers to command the same.
16th. He may order into active service the military forces of
the State.




68
17th. He may place any county or counties under martial'
law, and suspend all the laws therein, until the legislature shall
convene and take such action as it may deem necessary.
18th. He may levy a tax upon the people of the county or
counties declared under martial law, to defray the expenses of
the troops, &c.
19th. He designates the officers to collect this tax, and prescribes the mode and manner of its collection.
20th. He provides for the trial and punishment of citizens, in
the counties in which he suspends the laws.
21st. He designates the officers for this purpose, and prescribes
all necessary regulations for the formation and government of
court-martials and military commissions for this purpose.
22d. He appoints, in each of the thirty-five judicial districts
in this State, one District Attorney.
23d. He appoints for each of the one hundred and fifty-nine
counties in this State, one County Treasurer, one County Surveyor, one Hide and Cattle Inspector, and all public weighers of
cotton.
24th. He appoints in each county in this State, where a vacancy may exist, (and he may make a vacancy at pleasure) one
Sheriff.
25th. He appoints a Mayor and Board of Aldermen, or officers of like character, for each incorporated city or town in this
State, and also a Recorder for each of the cities of Houston and
Galveston.
26th. He has; s'upervisory control" over all Sheriffs and their
deputies, and police of cities and towns, and if they or either of
them fail to obey his orders, "2promptly," shall be removed from
office.
27th. Hie has power at all times, in popria persona, to assume
command of the whole or any part of the municipal police of
any town or city, or of the Sheriffs, their deputies, constables,




69
and marshals' of cities or towns, and their deputies.
29th. He appoints a registrar for each organized county in
the State, and may remove him at pleasure.
30th. He, appoints a Board of Appeals and Revision in each
organized county in the State, and removes them at will.
31st. He " has supervisory con.trol" over all registration.  We
suppose this " is within (the Governor's) just bounds."
32d. He (by and with the advice of the Senate), appoints a,
judge for each of the Criminal Courts of Houston and Galveston,
and also a clerk for each of said Courts.
33d. He issues the bonds of the State of Texas, to the amount
of seven hundred and fifty thousand ($750,000) dollars, for frontier protection.
34th. He is made the agent of the State to sell or dispose of
said bonds.
35th. He is authorized to employ an agent or agents to sell the
bonds, who shall be allowed a percentage not to exceed one per
cent.
36th. He prints the said bonds, and the sum of two thousand
dollars is appropriated for that purpose.
37th. He is to direct the expenditure of the seven hundred and
fifty thousand ($750,000) dollars, appropriated by the Act of
August ] 2th, 1870, for paying all expenses connected with the
organization of ranger companies, on the fron tier, and as to this
matter the Comptroller of public accotints shall be under the
special direction of the Governor.
38th. HIe designates thirty-five journals (newspapers) to perform and puiblishthe county and judiciary printing, and advertising of the judicial districts.
40th. He appoints (by and with -the advice and consent of the
Senate) a State Geologist, whose salary is three thousand dollars
per annum and expenses paid.




70
41st. He procures rooms at the capitol of the State, for the deposit of the collections made by the State Geologist.
42d. He may cause to be sold, to the citizens of the State, the
reports of the Geologist.
43d. He may remove the State Geologist from  office and appoint his successor.
44th. He sells railroads indebted to the State, by deed of
mortgage or other lien, and may if he deems it necessary buy in
such road in the name of the State.
45th. Hte appoints (by and with the advice and consent of the
Senate) a Superintendent of Public Instruction, whose annual
salary is three thousand dollars. This Superintendent " shall
have supervisory con-rol of all the public free schools in this
State."
46th. He (through -this Superintendent) appoints for each judicial district of the State, one Supervisor of education who
holds his office for four years, unless sooner removed by the Governor. It would seem that public instruction is one thing, and
education another and a very different thing.
47th. He, with the Superintendent of Public Instruction and
the Attorney General, constitute a Board of Education for
the State,
48th. They adopt all rules and regulations for the establishment and promotion of public schools, and are empowered to levy
and have taxes collected.
49th. They provide for examination and appointment of all
teachers and fix their compensation.
50th. They define the course of studies and direct:the class
and kind of apparatus and books to be used.
51st. They prescribe the duties of the Boards of directors, and
generally do all tbhings they deem necessary.
52d. They prescribe the manner in which the school tax shall
be collected and disbursed.




71
53d. The Governor appoints three judges of elections, to serve
at each city or town election.
54th. He shall on the days of election have PERMANENT CHARGE
AND CONTROL of the peace and. order of the State over all peace
and police officers. This means that the Governor may allow
peace or not allow peace on the days of the election.
55th. He shall have "supervisory control " over all ELECTIONS.
This means that the Governor shall or may control the elections to suit himself, which includes the power of declaring who
shall and who shall not be elected by the people. If a county
will go against hIis candidate, this we suppose authorizes him to
tell his party to become intimidated, and not to go to the polls,
and authorizes him to throw the vote out. It is time that such
proceedings as these had ceased.
56th. He is authorized to employ an addi-lionial cler]k at a salary of fifteen hundred dollars per annum.
We think this a good provision, judging from the many duties
which the Governor is required to perform, one clerk in the Executive department is insufficient. It will occupy the time of
one clerk to write out his martial law proclamations.
57th. le leases the penitentiary of the State.
58th. He appoints (by and with the advice and consent of the
Senate) an inspector of the penitentiasry.
50th. He hires the labor of the convicts of the penitentiary,
(except such as are confined for murder.)
60th. He appoints three Commissioners to select a location for
the Agricultural and Mechanical College of Texas, and also to
build said college.
61st. He is authorized to advance the whole, or any part, of
the five thousand dollars appropriated by Act of Legislature-for
the release of children captured by the Indians-to such agent
or agents as he may select, and may or may not require them to
enter into bonds.




72
62d. He appoints a clerk to transcribe the charters of the
towns of Reynosa, Comargo, Mier and Guerreo, in the Republic
of Mexico.
63d. He procures the amount of money necessary to pay off
all claims against the State, which the Auditorial Board may
approve as valid, by the sale of six per cent. coupon bonds of
the State, payable in twenty years.
64th. He is made the agent to sell these bonds and employ
agents to sell them.
65th. He appoints any number of special policemen, not to
exceed twenty in each county in the State, who receive three
dollars per diem while on duty.
66th. He receives from  the Secretary of the Treasury of the
United States, all money due the State of Texas.
67th. He is authorized to have the General Index of Special
Acts continued.
68th. He is specially authorized to issue commissions to Silas
McCrary and Jerry Washington, as justices of the peace for
Bowie county.
69th. He is authorized to have printed or engraved such an
amount of bonds of the State, in value not to exceed four hundred thousand dollars, with coupons bearing ten per cent. per
annum interest, to supply any deficiency in the revenue for the
current and ensuing fiscal years, and for other purposes.
70th. He is authorized to sell these bonds at any price.
71st. All allowances of claims against the State under the Act
approved 1May 22d, 1871, shall be subject to the Governor's approval before becoming valid claims,
72d. He, (by and with the advice and consent of the Senate,)
appoints a Superintendent of Imigration, who shall be at the
head of the Bureau of Imigration.
73d. He appoints through said Superintendent, four agents,




73
two for the United States and one for Great Britain and one for
the Continent, and allows and fixes their compensation-not to
exceed thirty-five hundred dollars each.
74th. He is authorized to accredit any number of traveling
imigration lecturers, throughout the vast expanse of the terrestreal globe.
75th. IIe is authorized (" in case it should be deemed necessary, and should so appear to -the Governor") to appoint one
County Surveyor for two or more counties.
76th. He is authorized to instruct the Attorney General of the
State, to take an appeal in a certain suit pending.
77th. He is authorized to suspend the sale of a certain railroad, advertisec to be sold.
78th. He is authorized to make requisition on the Treasurer
for one thousand two hundred dollars, to pay the costs of Court
and expenses of counsel in the suit of John A. C. Grary, receiver, versus the Governor and Commissioner of the General Land
Office.
79th. He " is authorized to invite Mr. Greeley to visit Austin,
the Capitol, as the guest of the State.  Said invitation to be expressed and conveyed in such terms and manner as the Governor
may deem befitting the eminent character and distinguished public services of the honored guest."
In other words the legislature gives the Governor "a asupervisory control over" the " terms and manner" of the invitation.
80th. He appoints (by and with the advice and consent of the
Senate) the Judges of the Supreme Court, who hold their offlice
for nine years.
81st. He is authorized to contract with any other corporation
for continued construction of international railroad in case the
company fail, at any time to construct the length of railroad as
specified in its charter.




74
82d. He is authorized to fill by appointment, any vacancy in
office of Mayor or Alderman of Jefferson city, prior to first
Monday in May, 1872.
83d. He is authorized to receive, for the whole amount of
principal and interest due this State by the Houston and Texas
Central Railway Company sinking fund first mortgage gold interest bearing bonds of said company, the seven per cent. bond
grant in exchange for the sib per cent. bonds of said railway
Company, and of the Washington county Railroad Company,
now held by the State for sums borrowed from the school fund.
84th. Coupons of State bonds to International Railroad Company, to be made payable at the city of New'York, to such State
agents as may be selected and appointed by the Governor, to pa}y
the same.
85th. He is authorized to appoint a commissioner, resident in
the county of Jefferson, to inspect and report upon the Sabine
and Neches Rivers and Pine Island Bayou and Internal Iwprovement Company.
86th. Ie has control over the proceeds of tax levied to meet
the payment of coupons and principal of State bonds issued to
International Railroad Company.
87th. He is to sign and deliver to the president of the International Railroad Company, the State bonds to be issued.
88th. He appoints a Mayor, five Aldermen and a Constable
for the town of Carthsrge.
S9th. He appoints a Mayor and five Aldermen for the town of
Rockfort.
90th. He appoints and removes all officers of the city of San
Antonio, made elective, until the first general State election after August the 1st, 1870.
91st. He appoints' one Mayor and five Aldermen, and one recorder for the city of Columbus.




75
92nd. He approves the appointment of Marshall for the city
of Columbus.
We see from the foregoing that the Governor of the State has
the power not only to fill such vacancies as casually occur, but is
enabled by unconstitutional Legislative enactment to vacate nearly every office in the state at pleasure. The whole of the great
power is concentrated in the Executive. The King of England
is "The fountain of honor" The Governor of Texas is the source
of patronage. He makes and unmakes directly or indirectly every officer in the government,
The intended check of the senate in the few instances in which
its advice and consent are required by the constitution and laws
has ceased to operate. The patronage of the Governor has penetrated the Legislative body, destroyed the capacity of resistance'
and riveted it to the sweep of power, thereby enabling him to
rule with more ease, and much more securely with, than without, the nominal check of the Senate. If the Governor has in
the very infancy of our present government concentrated in his
hands such an immense power and patronage, who can define
the limit to the power he may assume to exercise, before the expiration of his term, alnd the result of -the corrupting influence,
growing out of and flowing from it. "Its influence over individuals will be multiplied to an indefinite extent; when the principle of public action will be open and owned, the Governor
wants my vote and I want his patronage; I will vote as he wishes and he will give me the office I wish for."
This is nothing more than the government of one man, and
what is the government of one man but a monarchy?
"So long as offices were considered as public trusts, to be conferred on the honest, fai;thfal, the capable, for the common good
and not for the benefit or gain of the incumbent or his party;
and so long as it was the practice of the government to continue




76
in office those who faithfully performed their duties, its patronage, in point of fact, was limited to the mere power of nominating to accidental'vacancies, or to newly created offices, and
could of course, exercise but a moderate influence, either over
the body of the community, or of the office holders themselves,
but when this practice is reversed, (as it is in the present administration) when offices instead of being considered as public trusts
to be conferred on the deserving, are regarded as spoils of victory, to be bestowed as rewards of partisan services, without respect to merit; when it is to be understood that all who hold
office, hold by tenure of partisan zeal and party service, it is easy to see that the certain, direct, and inevitable tendency of such
a state of things, is to convert the entire body of those in office
into corrupt and supple instruments of power, and to raise up a
host of hungry, greedy, and subservient partisans, ready for every service, however base and corrupt.
Were a premium offered for the best means of extending to
the utmost the power of patronage; to destroy the love of country; and to subititute a spirit of subserviency and man worship;
to encourage vice, and discourage virtue; and in a word to prefer one for the subversion of liberty and the establishment of
despotism, no scheme more perfect could be devised; and such
must be the tendency of the practice, with whatever intent adopted, or to whatever extent pursued."
WVe have no wish to diminish or to control, in any degree the
constitutional authority of the executive office. We will here
take the liberty of quoting largely from  Mr. Webster, because
what he has said upon the subject of the evil effects of excessive
patronage, will have much more weight, than any thing we might
or could say.
"The extent," says Mr. Webster, "of the patronage springing
from this power of appointment and removal is so great, that it




77
brings a dangerous mass of private and personal interests into operation in all great public elections and great questions, this is a
mischief which has reached already, an alarming height. The
principle of Republican governments, we are taught is public
virtue, and whatever tends either to corrupt this principle, to
debase it, or to weaken its force, tends in the same degree, to
the final overthrow  of such governments. Our representative
systems suppose, that, in exercising the high right of suffrage
the greatest of all political rights, and in forming opinions on
great public measures, there will be a general prevalence of
honest, intelligent judgment and manly independence, these presumptions lie at the foundation of all hope of maintaining governments entirely popular.
Whenever personal, individual, or selfish motives, influence
the conduct of individuals on public questions, they affect the
safety of the whole system. When these motives run deep and
wide, and come in serious conflict, with higher power, and more
patriotic purposes, they greatly endanger that system; and all
will admit that if they become general and overwhelming so that
all public principle is lost sight of, and every election becomes
a mere scramble for office, the system inevitably must fall. Every wise man in and out of government, will endeavor, therefore,
to promote the ascendency of public virtue, and public principle,
and to restrain as far as practicable, in the actual operations of
our institutions, the influence of selfish and private interests.
I concur with those who think that. looking to the present, and
also looking to the future, and regarding all the probabilities
that await us in reference to the character and qualities of those
who may fill the executive chair, it is important to the stability
of government and the welfare of the people, that there should be
a check to the progress of official influence and patronage. The
unlimited power to grant office, and to take it away, gives a




comma.nd over the hopes and fears of a vast multitude of nmen.
It is generally true, that he who controls another man's means
of living, controls his will.  Where there are favors to be granted, there are usually enoughh to solicit for thielm   and wmhen  favor's once granuted may be withdra-wyn at pleasure, there is little
seclurityl for peisonal independendce ot ch aracter.   The power of
giving office thus atffects the -fears of.11 who are inl, and the hopes
of all who are out, those who arbe o-t endeavor to distinguilsh
themselves by active political friendsiLip, by warm personal devotion, by c'!amorous support of men in whose hands is the power of rewa,rd; while those who are i', ordiniarily take  care that
others shall not surpass thlem in such. qulalities or such conduct
as are most lilikely to secure favor.  They resolve not to be outdone in any of the works of partisanship.  The consequence of
all this is obvious.  A competition ensiues not of patriotic labors:
not of rough and severe toils for the public good; not of manliness, independence and public spirit; but of com.piaisance, of indiscriminate support of executi]ve  rleaspures, of pliant subserviencrl
and gross adulation.  All throng ancd rush together at the altar
of man-worsIship'  and thenr they offer sacrifices, and libations,
till the thick fu-m.es of their in:cence t;-rn their own'heads, and
turn, also, the headc of him who is the ob.ject of t-heir idolatry.
The existence of parties in popuiar governments is not to be
avoidted; ancl if they are formed on constitutional questio:lls, or
in'regard to gIeat measures of public policy,  and do not run1,  to
excessive length, it may be admitted tha-t,, on the wl.ole, they cdo
no great barin.
But the pat:ronage of office, the power of bestowilng place and
elnoi'mentl ts  creates parties, not upon an,y principf 7e or any nenas-,f:re, but upon the single ground of persoia7 irer~est.  Under the
direct in-flutence of this motive, th.ey forym  round a leader, and
they go for "the spoils of victory."  And if the party chieftian
becomes the national chieftian, he is still but too apt to consider
Ut;U~ilL~ aLt~ Iib~L~Li~l  C;IJ~t




all who have opposed him, as enemies to be punished, and a11
who have supported  him., as friends to be rewarded.  Blind devotion to party, and to the head of a party, thus takes place of
the sentiment of generous patriotisrl and a high and exalted
sense of public duty.
Let it not be said that thle dlanger from   executive patronacge
cannot be great, since the persons who hold office, constitute so
small a portion of the whole people.
In the first place, it is -to be rememberred that patronage acts,
not only on those who actually possess office, but on those also
who expect it, or hope for it; and in the next place, office holders, by their very situation, their public station, their connection
with the businees of individuals, their activxity, their ability to
help or to hurt accordinlg to their pleasure,  their acqcluaintance
with public affailrs, and their zeal and devotion, exercise a. degree of influence out of ail proportion to their numbers.
We coa,nno't disregard. our own experience.'We canntot shut,
our eyes to what is around us and upon us.
No candid man can deny that a great a very grfecat change has
taken place, within a few years, in the practice of executive government, which has produced a corresponding change in ou1r political condition.  No one can deny that office, of every kind, is
now sought with extraordinrary  avidity, and that the condition
well understood to be attached to every office, high or low, is
indiscrimina-te support of the executive measures, and implicit
obedience to executive will, (one almost imagines Mr. Webster
to be speaking of t.he present admlinistration, he pictures it so
vividly.)
I am for arresting the future progr>ess of this executive patronage.  I am for staying the future co.tzagion of /tis plaFgue.
The theory of our institutions is plain; it is, that government
is an agent created for the good of the people, and that everyperson in office is the agent an4 d servant of th;e people.  Offiees




80
are created not for the benefit of those who are to fill them, but
for the public convenience; and they ought to be no more in
number, nor should higher salaries be attached to them, than the
public service requires. This is the theory.
But the difficulty in practice is, to prevent a direct reversal of
all this; to prevent public offices from being considered as intended for the use and emolument of those who can obtain them.
There is a headlong tendency to this, and it is necessary to restrain it by wise and effective legislation. There is still another,
and perhaps a greatly more mischievous result, of extensive patronage in the hands of a single magistrate, and that is, that
men in office have begun to think themselves mere agents and
servants of the government.  It is, in an especial manner, important to apply some corrective to this kind of feeling and opinion. It is necessary to bring back public officers to the conviction that they belong to the country, and not to any administration, nor to any one macn.
The army is the army of the country, and is neither the mere
instrument of the administration for the time being, nor of him
who is at the head of it.
What is executive power? where does it originate? and how
is it limited? We must go to the Constitution, where executive
power is granted, defined and limited, in order to give a correct
answer to these questions.  The Constitution provides that " the
executive department of the State shall consist of a chief magistrate, who shall be styled the Governor, a Lieutenant Governor, Secretary of State, Comptroller of public accounts, Treasurer,
Commissioner of the General Land Office, Attorney General and
Superintendent of Public Instruction, (to say the least we have
a great many executives.)
The Governor may, by the Constitution, appoint the following
officers, and he cannot appoint these except by and with the advice and consent of the Senate:




First, a Secretary of State.
Second, one Attorney General.
Third, Three Supreme Judges.
Fourth, a District Judge for each Judicial District in the State.
Fifth, a Superintendent of Public Instruction.
Sixth, a Superintendent of Imigration.
These are all the officers which the Governor can appoint. If
this be true (and you can easily satisfy yourself upon the truth
of it, by an examination of the Constitution) where does he get
the power, which he has been so extensively exercising, of appointing to office every officer known to the Constitution and
laws of the State. The Constitution nowhere gives him the power to remove any officer, yet he has been removing officers at
pleasure-and without any apparent reason, other than a want
of that perfect subservi ency to his will, which he deems a disqualification for any office. ~ Where does he get this power, seeing that it is not in the Constitution?  He demanded it of his
Legislature, and it of course passed an act giving him the power
to make vacancies and fill them at pleasure. Nothing seems to
be complete in the estimation of his Excellency, "without such
powers are conferred on the Executive as will enable him in any
emergency to act with authority of law." No power can be "conferred on the Executive," by the Legislature, which is not delegated to him by the people, and which is not prescribed and defined in their Constitution.
The Constitution also prescribes and limits the powers which
the Legislative department of the government can exercise, and
by no part of that instrument is the Legislature authorized to
add to, take from, vary or change a single provision.  The duty
of the Legislature is to give effect to the provisions of the Constitution, which require Legislative action, according to their
spirit and intent, and not to create powers or provisions which
are not therein found.




By Sec. 14,- Article 5, " all county and district officers, whose
removals are not otherwise provided for, maay be removed, on
conviction by a jury, after indictm:tent for malfeasance, nonfeasance or rmisfeasance in office."
The Constitution other wise purovid es for the removal of the
clerks of the Sunreme -and District Courts, by the Judge of said
Court, for cause spread Ul)on the minutes of said court.  Constables may be removed by -the county Court which appoints
them, for caus e spread. upon the minutes of the Court.  State
officers may be removed by impeachment, and chief officers of tihe
State by an:adl.ress of two-thirds of the meeabers elect to each
House of the Legislature. Where, then we askl, does the Legislature get the power -to autnorize a district Judge to remove a justice of the peace' and wrhere does the Go-vernor get the power to
rem-ove a dlisurict at-torney at will, as lie has clone in a numbll:er of
ilnstances -i tle last two years?
All the laws passedt by t.le Legislat-ure, authorizing  the Governor to appoint olficers, who are by the Constitution to be elected by the people, and to dismiss frlom  office any eoyce'r, are unconstitutionaI, atnd declared by the Bill of Riihts to be null and
void.  The Legiilature did  iot pas: such acts because they- were
constitutional, (for they lkiew  they were no!;,) but beca'use the
Governor wrote them out and ordered them passed, or in'other
worzdse, because he exercise: h'is:,'. ov:ry )pover over'    a mlajority of the members.
We Avill take occasion to say, vthat there were some men in
the twelfth Legislature eminhaently patriotic, just and honorable,
and of large experienle, and whom the peop]le will ever love to
remexber.  But these few were so largely in the minority as to
render them powerless in their noble efforts to keep the majority wit'hin constitutional bounds, or even within the bounds  of
commIon   sense and hIumanityv




Their efforts to advise, restraini and curb the wild, reckl ess and
destructive partisan passions of the heartless and brainless majority, proved ineffectual; it was love's labor lost.  The situation
of this small majority waps pitiable indeed.  They were compelled.
to stand by and wit;ness the destruction of the peolple's dearest
rights, to behold the Governor of the State, with his ",sape'zisr-y'" wand in hand, standing over the Legislature, and through
them trampling upon and destroying the property, the liberty
and the very life of the citizen, and they too powerless even to
throw a stumLbling block in the way of this unhallowed and destructive march.  We know  of no situation in life bett'er calclnlated to render an lhonest, patriotic citizen raiserable, than to
have been a member of the twelfth Legislature of the State of
Texsas,




CHAPTER II.
THE OPPRESSIONS OF THE PRESENT ADMINISTRATION EXPOSED.
Under this head we purpose showing the manner in which the
officers of the present administration, from the Governor down,
have exercised the unconstitutional power vested in them by the
Legislature of the State, and assumed the exercise of powers
probibited both by the Constitution and laws of the State. All
candid men who carefully read and understand the laws must
admit that the government under which we live, though in form,
a Republic, is in truth a Despotism, moderated only by the wisdom, the sobriety, and the magnanimity of the despot; and we
will let the facts establish how moderate, how wise, how sober,
and how magnanimous the despot has shown himself to be. The
whole State is divided into military districts, and each district
is placed under the command of an officer appointed by the Governor. The Governor is authorized to organize an army unlimited in number. He is enabled by what purports to be law, to
supply this army, and to issue and sell the bonds of the State to
provide the means for its support and maintainance. He holds
the unsheathed sword and purse of the State, which are, to use
his own language, " the recognized right arm of despotism."Every civil officer in the State is subject to his " supervisory controt," and made subordinate to this military establishment. If
this is not despotism, history is false, and no such thing ever existed but in name. Webster defines despotism to be " absolute
power; authority unlimited and uncontrolled by mere Constitution or laws, and depending alone on the will of the prince, as
the despotism of a Turkish sultan."  He defines a despot to be
" an emperor, king, or prince, (names are nothing) invested with
absolute power, or ruling without any control from men, consti'




85
tution, or laws, hence in a genelral sej.se a tyrant.
Names, we say, amount to nothing. A  man may become as
great a despot under the name of Governor as under the name of
king, emperor, prince or dictator.  The force and effect is not in
the ramne, but in the absolute power which the man who bears it
wields and exercises. Constitutions amount to nothing where
the power to enforce their provisions is assumed by the power
which violates them, and where the power to'violate them  is
recognized by the law-making power of ithe State. This is the
power which the Governor demanded of and received from the
Legislature. This is what he meant when he said " these measures will not be complete without such powers are conferred on
the Executive as will enable him in any emergency to act with
authority of law;" and in the same breath, "the question of
making some provision for the temporary establishment of martial law, under certain contingencies and within limited districts,
is therefore submitted."
The Governor by the laws appoints and re roves, directly or
indirectly, every civil officer in the State, controls the o'crder and
peace of the State, has absolute control over all elections in the
State, decides who are to register and vote, prescribes the time
when and the circumstances under which they may or may not
vote, counts the votes or refuses to count them as his interests or
inclinations may dictate, says how a citizen shall go to the polls,
how long he shall remain at the polls, what he may or may not
do while at the polls, says when he shall leave the polls, requires
him as soon as he has deposited his vote to go straight home and
"go to his usual employment." I-He has, since, at the head of this
government, put in exercise all these powers by force of the bayonet; and if the people have murmured he has declared them
insurrectionary and proclaimed martial law, established military
commissions and extracted from them money, and in very many




86
instances incarcerated thern in loathesome prisons.  If this be
not despotism tell us what it t, akes to constitute it.  And if the
man who can do all this by " archorily of law," and who has
done all. this, be not a despot, tell us what it takes to constitute
one.
As we have given'the law, we will produce the evidence. The
Governor could not in person do all these things.  He therefore
Tnust do much through his agents or tools.  With this view before his mind he appointed only such men to office as were capa,ble, willing and base enough to carry out his p'rogramme of oppressions.  And it must be admitted that he has exercised a,
great degree of knowledge and discrimrnination in selecting these
officers.  A necessary element, therefore, in'the qualification of
his District Judges, was a total a.bsence of consciencious honesty;
for if they were hones-t, consciencious and just, the whole foundation upon which the Governor has based his oppressions would
fall to the ground the very first time the question of the constitutionality of the laws, which confer these powers upon him,
was properly brough-t before the Courts, which would nip his
power in the bud, aind destroy the foundation upon wrhich his
fulcrum rests —-by means of which h.e expected and fully intended to prise from the people their constitutiona:li, legal and even
natura.l rights.'The policy, prac'tice and habit of the Governor
is and has been to search any place, or seize any person or thing
(by means of his Staite Guard and Police) without warrant and
without probable cause supported by oath or affirmation.  He'
contends thft; the uniform  which the State Guard and Police
wear, together with their silver badge of office, takes the place
of the warrant to issue only upon probable cause, supported by
oath or affirmation, and whoever bears about his person these.badges of authority, may search any place, or seize upon any persona or thing.   Te nmight give a number of instances which would




87.prove the truth of this, but we will content ourselves by refering to one only; and we select the outrages inflicted upon the
people of Hill county in December, 1870, by Governor Davis,
through the medium. of his State Guard ai'nd Police.  On the 28th
day of December, Lieutenant Prichett, at the head, of three white
and four negro police, all armed and equipped, appeared before
James J. Gathings' resilen.ce, in Hill county.'his party proceeded to surround and take possession of the house, alarming
and terrifying the - ladies and children in the house.  Col. Gathings not knowing the men, and being aware of the fact that a
man by the name of Jack Mitchell, who lived not far distant had
been foully and brutally shot down in his night clothes, in his
own house, in the presence of his wife, a short time before, protested against their entering his house, unless they produced
some lawful authority for so doing.  This theyrefased to do, and
boldly said they had no authority and would have none, that
their authority was vested in themselvcs by virtue of their position  as police.  The Lieutenant then ordered itwo of his negroes
to cock their pistols and present them at Gathings; and while he
was thus held in duress, the Lieutenant entered the house with
the other five men and searched it, against the protest of C(ol.
Gathings.  After the Lieutenant blad searched the house and
premises and even the ladies' rooms to his heart's content, they
left.  Col. Gathings smarting under the outrages and insults offered to himself and family, felt it his duty to test by law whether such acts were proper and legal.  I-He went to the nearest
magistrate and made affidavit to the facts, upon which the magistrate issued his walrrant for the arrest of the parties off-ending.
This warrant was placed in A. M. Douglass' hands to be execucuted.  He called on a few raen to assist him  in executing the
warrant.  He arrested  the Lieutenant and  party.  When
they had given up their arms, they were assured by A. M.




88
Douglas and Col. Gathings, that they would not be harmed, that their object was to have them  examine'd before the
proper civil officers.  They were taken before the nearest magistrate, Justice Lawrence. Lieutenant Prichett said he feared he
could not get justice before the magistrate at Covington, and desired to be examined before Justice Booth at Hillsboro.  The
change of venue was granted by the Justice, and the whole party was conveyed to Hillsboro, and their case was examined into
by Justice Booth. The Lieutenant wanted time to procure witnesses and prepare his defence, which was granted him, by his
entering into bonds, (for his appearance on the following Wednesday) in the sum of five hundred dollars.  The privates of his
party were discharged on account of some informality of the
warrant.  Proceedings were immediately instituated for correcting the informality in the warrant in order to re-arrest the privates, when they all including Lieutenant Prichett suddenly
disappeared.  When the day arrived on which the Lieutenant
was to appear and answer the complaint of Col. Gathings, he
made default.  His case was called and his bond forfeited.  We
know  Col. Gathings to be an honorable, honest, public spirited, high-toned and law abiding citizen. This is the very head
and front of his offending. Let it be remembered also that Col.
Gathings was charged with no offence and not even suspected of
crime by those who placed him in arrest and searched his house.
Lieut. Prichett and his State Police, in thus arresting Col. Gathings and searching his house, grossly violate the 7th section of
Art. 1 of the Constitution which reads, "the people shall be secured in their persons, hozu.nes, papers and possessions from all
unreasonable seizures or searches, and no warrant to search any
place or to seize any person or thing shall issue without describing such place, person or thing as near as may be, lnor without
probable cause supported by oath or affirmation."  This is very




89
plain language, and needs nothing to explain it. "The people
shall be.secured in their persons." If the Governor can have the
people arrested by any man or set of men who wear the uniform
of the State Guard, without warrant, or color of authority, are
the people secured in their persons?  WAe think not. Was Col.
Gathings secured in his person? The facts of the case answer
the question. This section declares that the people shall be secured in their hou.ses. If the Governor's State Guard can ride
up to any man's house in Texas, assault the owner, put him under guard and search his fhousc without warrant or any other legal authority, who wi:ll say that the people are secured in their
houses?
"All unreasonactbe seizures or searches" are absolutely prohibited by this section; and all officers are prohibited from issuing
a warrant to search any place, or to seize any person or thing
without the place, the person, or thing is described, as near as
may be, nor without probable cause, which probable cause must
be supported by oath or affirmation.  The Legislature can pass
no law by which this security of the people in their persons,
houses, papers and possessions can be destroyed or abridged, nor
can any power in the statle assume to do it without becoming
guilty of lawlessness and crime, and meriting the heaviest penalties. When these sacred rights secured by the Constitution
are invaded what is the proper course for the citizens to pursue?
The laws do, or ought to provide a speedy'remedy for every
wrong. The first step to be taken by the citizen when his rights
have been invaded, is to lay his complaint before the officer provided by law; when this is done in legal form, it is the duty of
the officer to issue his warrant for the arrest of the party or parties who have perpetrated the wrong, and examine into the facts
of the case; and if the facts show that the law has been violated,
by the parties charged, it is the officer's duty to punish the parties according to law. If he has not jurisdiction finally to try




the case, it is his duty to bind the party or parties over to appear before the proper tribunal, and if an indictment or information be properly presented in the court having jurisdiction, it
should try the case, and. if the party or parties are adjuldged guilty,
to see that he or they suffer the penalty which the law affixes to
the offence; and it is the Governor's sworn duty to see that this
is done, for the Constitution declares that "h/e shall take care
that the latws are exec;uted."  Col. Gathings pursued the course
pointed out by the ]aw.  lie filed his complaint under oath before the proper officer: the officer issued the warrant for the arrest of -the parties who had violated the laws. A day was fixed
for the trial; and Lieut. Prichett entered into bond to appear
and answer the charges on a certain day; but instead of appearing he went to Austin, and reported the facts to his chief, (the
Governor.) TWhat was the sworn duty of the Governor under
this state of facts?  It was to execute the laws.  This man was
properly and legally arrested and bound in a bond to appear before the proper tribunal authorized by law  to examine into the
case. The Governor's only course under the law  was to sen(d
him  back to stand his examination.  Did he do it?  The facts
will show.  On the arrival of Lt. Prichett, a fugi.tive from justice, at the Capital, G-ov. Davis summons before him his Adjutant or Chief of State Police, Gen. Davidson, placed under his
coihmand about eighty or a hundred State Guards, and ordered
him to proceed with all speed to Hill County.  Upon his arrival
at the county seat, he sent his orderly and the sheriff of the
county for Col. Gathings, Dr. Douglas and many other citizens,
all of whom promptly obeyed the summons by making their appearance.  They were carried to the Court House, from  which
all citizens were excluded and a heavy guard stationed around
it.  The prisoners were then informed by the Adjutant General
that no military commission would be convened to try them  if




91 -
they would pay the expenses of the State Guard, which he estimated at five hundred dollars per diem. Col. Gathings protested
against this course, declaring that he was innocent and had not
violated the laws. The adljutant then informed himn that he
would declare the county under martial law, tax the county to
support the troops, organize a court martial and try them, and
if convicted send them immediately to the penitentiary, denying
them appeal.  Col. Gathings told the Adjutant he was not able
to pay that amount. The Adjutant then informed him that' 3,000
in currency would suffice. Col. Gcathings raised'the money
among his friends and paid the $3,000.  He with the others
were then turned over to the civil authorities and Col. Gathings
was required to enter into bond in the sum  of $2,000 and the
others in -the sura of $1,000 each.  The Sheriff was required by
the Adjutant to produce the bond which Lieutenant Prichett
executed for his appeaerance before the magistrate to answer the
the complaint of Col. Gathings.
From these facts, which are true, let the candid, unprejudiced
reader decide who is guilty of a violation of the iaw, Gov. Davis
and his State Guard, or Col. Gathings and the other citizens.Let it be remembered too, that since this occurrence four Grand
Juries have sat. in H.ill county and no indictmlent has been nresentel against Col. Gathings or any of the cittzins who were arrested by the Adjutant General a'-f(. bhound Over to appear before
the District Cou-Lrt of Hill county.  This is a strong circumstance,
showing their innocence, when we consider that the District
Judges under existing ltiws, assume to themselves the right to
select the gr-and atnd petit jurors.  The Governor did noteveni
suspend Lieutenant Prichett for his assault upon and illegal arrest of Col. G-athints, but sustainerd  him, and made his illegal
acts his own by ratifying the-m.
Who is this Lieutenant Prichett, a-nd where is he?  These
qtuestions we capn.ot answer. We only know that shoortly after




92
the Hill county affair we were accosted on the streets of Waco
by an honest, hard working old freedman, who asked us to examine a paper which he handed us. WVe read it. It was an
acknowledgement by Lieutenant Prichett of the receipt of seventy-five dollars, delivered him by the old man, with which be
promised to purchase a mule for him, and if he failed to deliver
the mule within a specified time he was to return the money.
He told us he had called on Lieutenant Prichett for the mule or
the money, and that Lieutenant Prichett informed him  that he
had bought the mule and had paid his seventy-five dollars for
it, had loaned it to one of his State Guard and the fellow had
run off with it, but he would catch him and deliver the mule;
and that since he had this conversation with Lieutenant Prichett
he too had mysteriously disappeared, and no one could tell him
where he had gone. The old man seemed to be in deep distress.
He said it was money he had saved from his hard earnings the
year before to purchase a mule to cultivate a corn crop with.
The name of the Sheriff of McLennan county was signed to this
instrument as a witness. We speak whereof we know, and are
responsible for what we say.
The Sta-te Guard is no other than a medium  through which
despotism is to pass without appearing to act directly from the
Governor.
We w-ill now see if his Excellency in the H-ill county outrages has acted "with autlhority of law."  One would suppose
that the militia bill was obnoxious enough for the Governor, and
that there would. be no necessity in violating it in order to wreak
his vengeance upon the citizens; but not so. The 26th Section
of this Act enables the Governor to declare martial law in.any
county at will, and to call out the State Guard or Reserve Militia to suppress any disorder; and prescribes that the expenses
of maintaining the State Guard or Reserve Militia called into




v9
active service under this section may, in whole or in part, in the
discretion of the Governor, be assessed upon the people of the
county or counties where the laws are suspended.  Did not the
Governor disregard and grossly violate this section of his own
Bill?  How could the Governor under this section presume to
try any citizen without a declaration of martial law? and how
was it possible that he could assess the expenses of maintaining
the State Guard, in whole or in part, upon the individual, Col.
Gathings, instead of upon the people of the county?  The only
name for such an act is o2:J)ressive Execzutive robbery.  It can be
nothing less.  Col. Gathings, up to the present, has failed in his
efforts to get redress for these wrongs, outrages, insults, and oppressions.  Hle would have instituted suit for damages against
the Governor, in the Federal Court at'Austin, but knowing the
Governor to be execution proof, he desisted.  He has no remedy
at law under the present administration.  If he fails in obtaining redress through the Courts of the country, through the influence of. fraud, executive patronage and assumed power, what
course is left him? None other than to fall back upon the law
of nature; and all are constrained to believe that this is one of the
objects the Governor had in view in perpetrating his oppressions,
in order to force the people to open violence, so as to give his acts
a color of necessity.'The Governor by his violation of the Constitution and laws, and by his illegal proclamations, has made
"the duty of man a wilderness of turnpike gates, through which
he is to pass by tickets from one to the other."
Man's duty is plain and simple, and consists of two points:
his duty to God which every man must feel; and with respect
to his neighbor to do as he would be done by. If those to whom
power is delegated do well, they willl be respected; if not, they
will be despised. And with regard to those who assume powers
which are not delegated, the rational world can only know them
to hate them.




94
"No man entered into society to become worse than he ka's before, nor to have less rights than he had before, but to have
those rights better secured and better protected. And his natural rights are the formation of all his civil rights. The natural rights of man are those which appertain to man in right of
his existence. Of this klind are the right of self defence, self
preservation, and the defence and preservation of those whom
God has placed under his protection, his wife, his daughters, his
sons; as well as the right of personal liberty and private property.
From what has been said three certain conclusions will follow:
"First.  That every civil right grows out of a natural right,
or in other words is a natural right exchanged.
Secondly.  That civil power properly considered as such, is
made up of the aggregate of that class of the natural rights of
man which becomes defective in -the individual in point of power, and answers not his purpose; but when collected to a focus,
becomes competent to the purpose of every one.
Thirdly, That' the power produced from the aggregate of natural rights, imperfect in power in the individual, cannot be applied to invade the natural rights which are retained in the individual and in which the power to execute is as perfect as the
right itself."
The conclusion fronom  the facts forces itself upon the mind that
the natural rights which Col. Gathings has delegated to society for the purpose of better securing him in those rights have
failed of their object, and have not only weakened that security
and protection which were the sole motive in the transfer; but
have in fact totally withdrawn that security and protection, by
force of powers assumed by the Governor; not only so but the
exercise of those natural rights which are inherent and inalienable has been violated and destroyed by force and fraud.




95
The Governor, by the course he pursued in Hill county has
endeavored to destroy the unity and equality of man, which was
recognized by God in creating him. "And God said, let us make
man in our own image: in the image of God created he him;
male and female created he them."  No distinction is here pointed out but the distinction of sex. No other distinction is even
implied.
In the future world, whether in I-leaven or in hell the good
and the bad are the only distinctions. The laws of all governments have been obliged to adopt this principle, by making degrees to consist in crime, and not in persons. But the Governor
has altogether reversed this principle. lie makes the distinction between persons and not crimes, for it was plain that Lt.
Prichett was guilty of whatever crimes were committed in Hill
Co.; but he being a State Guard "could do no wrong" and Col.
Gathings, who was innocent, but opposed to the Governor in pol -
itics, and not being a State Guard, could do no right, and for
that reason was punished.
Are there any who regard themselves citizens of any state in
these United States, who do not feel themselves interested in
this matter? Is it no concern of yours that the citizens of Texas are oppressed and deprived of their property and liberty?
that the sacred precincts of their homes are invaded by mobs of
lawless men? that their fields are made desolate, and their
dwellings draped in mourning?  Is all this nothing to you?
have you no interest common with them in protecting and perpetuating the great and essential principles of liberty and free
government and handing these priciples down to your children
unimpaired? You cannot divest yourselves (if you would) of
this unity of interest, any more than you can avoid the sudden
and certain fate which will follow its violation, and if you attempt to divest yourselves of this unity




96
"'fhat fate is thine —no distant date,
Stera Ruin's plowshare drives elate,
Full on thy bloom,
Til  crushed beneath the furrow's weight,
Shall be tlay doom."
The strong arma of the government, unchecked and uncontrolled
by constitutions, laws or men will be turned loose upon your unprotected heads; and it will be poor consideration then, to know
that all the other states are suffering the like oppressions.
This knowledge would be a poor recompense for the loss you
have sustained and the pains you are forced t;o endure-.  Pause
and reflect, and let reason resume her place!
"Is it nothing to you, all ye that pass by? behold and see if
there be any sorrow like unto my sorrow which is done unto me."
We have indeed fell among thieves, which bave stripped us of
our raiment and wounded us. Will you be like the certain priest,
who chanced to pass that way, pass by on the other side? or
like the Levite, look on us and pass by on the other side? or
rather will you be like the good Samaritan, as you journey,
come where we are, and bind up our wounds, pouring in oil and
wine.'We will now show how the Governor has oppressed the people
by usurping the power to make laws affecting their rights and
liberties by proclamation.
In August, before the election for members of Congress in October, 1871, the Governor proclaimed that " all persons coming
to vote shall deposit their votes with the least possible delay, and
after this is done they are forbidden under any pretext to remain
about the polls, or at the county seat (unless this is their residence) during the time of election, but shall return to their
homes and usual employment;  and peace officers, State Guard,
or Militia on duty at the polls shall see that this regulation is
complied with."  This section of the Governor's proclamation is




97
violative of Section 2, Article IiI, of the Constitution, which
reads that " electors in all cases shall be privileged from arrest
during there attendance at election and in going to and in returning from the same, except in case of treason, felony or breach of
thepeace."  We think under this clause of the Constitution, an
elector who lives in the country has a right to go to the polls at
9 o'clock in the morning, if it suits him, and has the right to
wait until three o'clock in tie evening before he deposits his
vote, and if it suits his inclination he may remain at the county
seat all night and all next day, and if he thinks proper to leave
the county seat after depositing his ballot,, he'may or may not
go home as his inclination, interest, or pleasure may dictate;
and he may or may not, if he chooses to go home, return to his
usual employment; he may arrange his toilet, get in his buggy
and go to his neighbor's house and marry his neighbor's daughter, and  spend  a week  with  his friends;  which  would'be novel and unusual employment for him. All or either of
these things he might do and not be guilty of " treason,fblony or
breach of theapeace," and by doing which he does not forfeit the
protection secured to him  by the organic law —the Governor's
proclamation to the contrary notwithstanding.  Any man, be
he whom  he may, who arrogates to himself the power to
mnake and execute such a proclamation, in the very face of the
Constitution he has sworn to support, is a knave, afool or a tyrant.
And the Governor, while he was canvassing the third Congressional District for W. T. Clark-candidate for Congress-said in
his speeches that he would enforce this section of his proclamation, and if necessary would call out his State Guard, and if they
were not sufficient he. would call out his police, and if they were
not sufficient he would call upon the United States troops to enable him to enforce it; and that Texas could not afford to- loose
the blood and treasure which resistance would cost."  When I
conte-maplate the natural dignity of a man; when I feel (for na



98
ture has not been kind enough to me to blunt my feelings) for
the honor and happiness of its character, I become irritated at
the attempt to govern mankind by force and fraud, as if they
were all knaves or fools, and can scarcely avoid disgust at those
who are imposed upon."
We look in vain for a parallel case, except in the history of
tyrants.  "So James arrogated to himself the power of issuing
proclamations, not merely to enforce, but to alter the law, not
limiting this prerogative to any particular subject, and merely
taking this distinction between a proclamation and an act of
parliament, that the former is in force only during the life of the
sovereign who issues it, whereas the latter is of perpetual legislation. He had accordingly issued (amongst others) proclamations against erecting any new buildings in or about London;
and prohibited the malking of starch from wheat. The legality
of these coming in question, the Judges were summoned before
the council with a view to obtain an opinion that they were
binding on all the king's subjects.  Coke at, first evaded the
question, expressed doubts, and wished to have further time -to
consider. The Lord Chancellor (Ellesmere) said that' every precedent must have a first commencement, and that he would advise the judges to maintain the power and prerogatives of the
king, and in cases in which there is no authority and precedent
to leave it to the king to order it according to his wisdom and
the good of his subjects, for otherwise the king would be no
more than the Duke of Venice.' Coke answered,'true it is that
every precedent hath a commencement; but where authority
and precedent are wanting there is need of great consideration
before anything of novelty is established, and to provide that
this is not against the law of the land; for the king cannot change
any part of the common law, nor create any offence by his proclaymation, which was not an offence before, without parliament.




99
*  *  *  Indictments conclude contra leges ct statuta, but I never
heard an indictment conclude contra regiam pqroclamalioncm.'
Time was given and an unfavorable answer was returned,
which saved us from the uncertainty which, to this day prevails
in France, even under the Orleans dynasty, as to what may be
done by royal ordonnance, and what can be done only by an act
of the Legislature." -Campbell's Lives of the Chancellors, Vol.
2, pages 361-2. Our Penal Code is conclusive upon the point
of the want of power in the Governor to create offences by proclamation, Article III, " In order that the penal law in force in
this State may be ample within itseyf, and that no system of foreign laws, written or unwritten, may be appealed to, it is declared
that no person shall be punished for any act or ozission as a
penal offence, unless the same is expressly defined and the penalty affixed by the written law of this State."
The 3rd section of the Governor's election proclamation reads,
"all gatherings, combinations, or assembling of persons in numbers at or near the county seat during the time registration is being made or the election is going on, and for the purpose of intimidating voters is forbidden, and should any such gathering,
combination, or assembly take place in any county it shall be
ppresumed that the same is for saidpm zpose of intimidating voters
whatever might be alleged by such persons as the pretext thereof, and peace officers, State Guard, or militia on duty in such
county are directedt to disperse such persons; provided however,
that in this regulation it is not intended to interfere with persons
peaceably and quietly waiti.-,g at the registration office or at the
polls for their turn to register and vote."
BEy this section of the proclamation the Governor has attempted to take from  the citizen an important right and privilege
secured to him by the constitution.
Art I, sec 19 of the Bill of Rights secures to the peoDle the




100
right, "in a peaceable manner to assemble. together for their
commbn  good," and not only for the purpose of applying to those
invested with powers of government for redress of grievances'
but for any otherpurposes.  And no executive officer has a right
to alter or abridge this privilege, no assembling of the people,
at any time or place can be prohibited by any power in the state
while they conduct themselves "in a peaceable manner."  This
right to peaceably assemble is a privilege secured by the Constitution, and the same instrument declares that "no cit-izen of this
state shall be deprived of life, liberty, property or privileqesq,
outlawed, exiled, or in any manner disfranchised, except by due
course of the law of the land. This is a civil right, and not liable to be subordinated to the military authority.
This proclamation declares, "and should any gathering, combination or assembly take place in any county, it shall be pressued
that the same is for said purpose of inti.mida-ting voters, what'ever might be alleged by such persons as the pretext thereof; and
peace officers, State Guarcld, and militia on duty in such county
are directed to disperse such persons. Here the Governor
violates that fundamental principle of the law which is as old as
civilized society itself, the presumption of innocence, and our own
code provides that "a defendant in a criminal cause is presum
ed to be innocent until his guilt is established by legal evidence."
But how did the Governor propose to punish such as violated
this section of the proclamation? By requiring peace officers
-State Guard and militia on duty, to disperse such persons.  But
suppose the people would not disperse; what then?  Suppose
the persons were arrested by the State Guard; before they could
be punished or even called upon to answer, according to the provisions of our Constitution and the forms of our law, an indictment must be presented by a grand jury, or an information filed
by the District Attorney in the proper co-art.  Our Bill of Rights
declares no persons shall be holden to answer for any criminal,




101
charge but on indictment or information, except in cases arising
in the land and naval forces, or offences against the laws regulating the militia," and this comes within neither of the exceptions.
If these persons were prosecuted on indictment or information
for a violation of this proclamation, the indictment or information would have to conclude "against the peace and dignity of
the Governor's proclamation; whereas the law of Texas requires
that all indictments or informations "shall commence'In the
name and by the authority of the State of Texas,' and "must
conclude," against the peace and dignity of the State." Notwithstanding the Governor assumes "a supervisory control" over
the laws and people of the State, he cannot destroy them or
change the forms of these laws. The worst he can do is to harass, annoy and incommode the people by preventing them  from
enjoying the benefits and protection which they ought to derive
from the laws.
What was the Governor's object and design in issuing this
proclamation? Was it to secure to the people, all the people,
a free, fair, and peaceable election? The facts prohibit such a
conclusion; and his subsequent acts give the lie to such an intent. His first motive was to throw around the ballot box such
an array of peace officers, state guards, state police and militia as
to strike terror to the minds of all timid men, and thereby deter
them from coming to the polls. The Governor reasoned in this
way: there are very many honest, peaceable law-abiding citizens in the state who will say if they can't go to the polls and
vote without being required to do it "with the least possible delay
and if they cant stay at the polls or county seat after they have
voted, but "shall return to their homes and usual employmzent,"
and if they are to be met at the Court House steps by a gang of
State Guards, with loaded guns in their hands and pistols belted
around their waists, and escorted and guarded to the ballot box




102
as convicted felons are guarded to their cells in the penitentiary
that they will not go at all. But we may be asked would this not
deter the freedmen from coming to the polls to vote. The Governor was shrewd enough to provide against this contingency by obtaining from the Legislature the power to appoint twenty special
policemen for each county, all of whom he, through his District
Judges assigned to the duty of going all over their respective
counties, and forcingy the freedmen to the polls to vote. If this
first section accomplished the object, all right; but if this failed
to deter a sufficient number from voting to carry the election as
the Governor wished, some other available means must be at
hand by which the object could be accomplished. Some order
must be proclaimed which we know the people cannot fail to violate, and if they do violate it in the slightest, our State Guard
will be on the ground well armed and equipped, and if the
emergency requires it, a riot or tumult can easily be gotten up,
which will give some show of excuse forthrowing out the votes;
and I think section 2nd of my proclamation will meet the case.
Let me read it to you. "Section 2nd, All persons are forbidden
to shout, jeer at, or in any way to insult or annoy voters or candidates during the registration or election, and pearce officers,
State Guard, and militia on duty, in any county where such disturbance may be attempted are directed at once to arrest such
persons."  I am sure, Mr. Newcomb, this will accomplish the
end; for if any of these Texas boys should learn, while at the
polls, that their condidate is ahead (arid this is easily found out,
as the two parties vote different colored tickets) they would
be sure to break forth, in a sthout of joy and exultation, and then
we could let slip the dogs of war; but this is not all. Did you
notice that I use this language in the proclamation, "or in any
way insult, or annoy voters or candcidates during the registration
or election?"  You know as well as myself that inothing can annoy a candidate more than to vote against him; and the annoy



103
ance increases in the same ratio with the votes cast against him,
consequently whoever votes against our candidate, annoys our
candidate, and our candidate is the candidate; whoever has
annoyed the candidate violates this order, and the votes at that
poll must be thrown out. You see the point?" "Yes; and a
very fine point it is too!"
Proclamations can only have a binding force and effect when
they are grounded upon and enforce the laws of the state.
Blackstone treats the subject of proclamations thus: From
the same original of the King's being the fountain of justice, we
may also deduce the prerogative of issuing proclamations which
is vested in the King alone.
These proclamations have then a binding force, when (as Sir Edward Coke observes) they are grounded upon and enforce the laws
of the realm. For though the making of laws is entirely a distinct
part of the legislative branch of the sovereign.power, yet the manner, time, and circumstances of putting these laws in execution
must frequently be left to the discretion of the Executive Magistrate, and therefore his constitutions, or edicts concerning these
points, which we call proclamations are binding upon the subject when they do not either contradict the old law, or tend to
establish new ones; but only enforce the execation of such laws
as are already in being  *  *  *  *'By the Statute 31, Hen.
VIII, c. 8., it was enacted that the King's proclamation should
have the force of acts of parliament; a Statute which was calculated to introduce the most despotic tyranny, and which must
have proved fatal to the liberties of this Kingdom had it not
been repealed in the minority of his successor."  1 B1. Comm
270. The Governor claims that his proclamation has the force
and effect of law, and claims the power to enforce it as law, by
force of the bayonet. This is "calculated to introduce the most
despotic tyranny," and which must prove fatal to the liberties of
the people if not checked.




104
In referring to the reign of Hen. VIII, Blackstone says, "It
must be however remarked that (particularly in his latter years)
Athe royal prerogative was then strained to a very tyrannical
and oppressive height; and what was the worst circumstance,
its encroachments were established by law, under the sanction of
those pusillanimous parliaments, one of which, to its eternal disgrace, passed a statute whereby it was enacted that the King's
proclamations should have the force of acts of parliament, and
others concurred in the creation of that amazing heap of wild
and new fangled treasons. 2 B1. Comm. 4 31.
The Governor had still another object in view in issuing his
election order. He desired to create -the impression in the Northern mind that the people of Texas were a lawless set, and were
disposed by force and intimidation to deprive the colored citizens
of their right to vote.  Whatever intimation of this kind is
contained in his proclamation is totally unfounded and maliciously false and slanderous. The people of the North have
been deceived by such false assertions and slanderous intimations
long enough, and it is but justice to themselves and to us that
they should examine into this matter for themselves and not be
imposed upon longer. We invite a strict examination into our
acts and conduct, our motives and our aims. The proclamation
which we have been speaking of bears date August 9th, 1871.
He issued another on September 6th, 1871.
In order that our readers may the better understand it we
will insert it entire:
GovERNoR's OFFICE, September 6th, 1871.
"t As a further precaution towards securing a fair, free and
peaceable election at the canvass commencing on the third day:
of October next, the following instructions for carrying on the
same are issued to the Registrar and judges of election in the
several counties.  1. The registrar and judges of election are




105
hereby instructed to report to the Governor all violations of the'circular' issued'by the Governor dated Aug. 9th, 1871, and
providing regulations to the end that there may be no disturbance or intimidation at the registry of voters, and about the
polls at the coming election.  If any of the regulations or orders
in that'circular' are disregarded, or if the authorities and police
or military appointed to enforce said'circular' are prevented
therefrom  by lawless combinations too strong to be suppressed
by the said authorities, the registrar and judges of election are
instructed to report to the Governor and Secre-tary of State the
number of voters who have been prevented from the free exercise of the right to vote, and the names of persons so prevented,
as nearly as can be ascertained, also the names of the candidate
or candidates for whom such person would probably have voted,
had the election been allowed to be conducted in the manner
required in said'circular.'
"The registrar and judges of election are also instructed to
report to the Governor the names of the persons who have violated the regulations provided in that'circular,' so that such
persons may be arrested and held for punishment under the laws
of the United States and for this State, provided for the security
of free elections.
2. As a further measure to secure fairness at the said election,
the judges of election are directed previous to the opening of the
polls to select one well-known and respectable citizen of each
political party, who shall be permitted to be present in the room
where the election is going on and remain during its entire
progress, and during the counting of the votes. These citizens
shall also be permitted to examine the seals placed on the ballot box at the close of each day, as provided by Section 23d, of
the Act entitled " An Act to provide for the mode and manner
of conducting elections, making returns and for the protection




i06
and purity of the ballot box," approved August 15th, 1870; and
also again to inspect the same when returned the following morning to the judges of election.
But further than as above specified, said citizens are not in
any manner to be permitted to interfere in the election or in
the matter of receiving and counting the ballots.
2. The attention of registrars is called to the Circular from the
office of the Adjutant General, State of Texas, dated Aug. 1st,
1871, where it is provided that in case no officer of the State Police or special police is put in charge of the special police by
order from Austin previous to the election, then the special police are to be under the " supervision and order of the registrar.'I
(Here is the Governor's own pet phrase again.)  In such case
the registrar is specially charged with enforcing the regulations
of the above mentioned'circular' of Aug. 9th, of the Governor.
H{e will, if a sufficient number of special policemen have not been
appointed, select others not to exceed twenty good men in all,
who will be sworn to act as special policemen during the registration and election.  The names of persons so selected will be
sent to the Governor, with a statement of the number of days
served by each. If an emergency should arise demanding a
stronger force than is at hand of either State or special police,
the registrar is authorized to call upon the nearest officer' in
command of State Guard (or of militia in the absence of State
Guard) for detail of sufficient force to secure the enforcement of
the regulations provided in said'circular' from the Governor.
4. The Constitution having provided the secret ballot box*
to secure perfect freedom in voting, any attempt to evade that
provision by having a private ballot box apart from that estab*The Constitution nowhere provides for a secret ballot box,
Article 12, Sec. 4, " In all elections by the people the vote shall
be by ballot."  This is the only provision.




107
lished by law, or any other device for the purpose of prying
into the votes of citizens and by intimidation to prevent a
free exercise of the right of suffrage, are forbidden and must
be suppressed; and such private ballot box is to be suppressed; and such private ballot box is to be seized and destroyed, and the parties guilty of such attempt must be arrested,
and held for Dpunishment under the said law of this State, approved August 15th, 1870, and the Act of Congress of the United States for the enforcement of the fourteenth and fifteenth
amendments, approved MSay 31st, 1870.
EDMUND J. DAVIS, Governor.
Strangers would conclude from reading this proclamation, or
circular, that Texas was in a state of rebellion and insurrection,
and that the Governor was in fact acting the part of a true patriot in endeavoring to restore order and peace; but this supposition is just the reverse of the truth. The Governor and members of his ring were the only men in the State who had raised
the standard of rebellion and insurrection against the Constitution, the laws and the people of the State; but the people remained as peaceable, quiet and as obedient to the laws as ever
any people did in any country.
The people, at a glance, saw through both these proclamations.
They knew that the only hope for the Governor and his party
was to obtain a pretext to throw out the votes, and that he had
resorted to these flaming, unconstitutional, illegal, unwarranted,
unnecessary and uncalled-for proclamations, as a pretext to enable him to accomplish his tyrannical purpose. Hence they determined not to violate a s-.ngle section of either, however great
the sacrifice; and when this was discovered by the Governor and
his ring, John WV. Oliver, judge of the 33d Judicial District of
Texas, by the Governor's appointment, and a self-constituted
leader of the Radical party in his district, attempted to inveigle




108
the opposition into a violation of the Governor's great election
circuzlar, in order to carry out his nefarious purpose. lie had
telegraphed the Governor that his district would go Radical
fifteen hundred majority, and he saw that something must be
done or the truth would give the lie to his telegram. It was
necessary, therefore, that something should be done, anid done
quickly. With this view, he called, through the columns of the
War Register, the Governor's judicial organ for the 33d judicial
district, a political meeting for the 19th of September,'at the
Court House in Marlin, Falls county, during the time registration was going on, and invited the Deimocrats to attend and discuss the political issues with them.. -When the clay arrived he
had the speakers' stand erected at the back door of the Court
House.  The Democrats not liking the course -the straws took,
politely declined participation, in a note to the Judge, assigning
as their reason that the meeting was in violation of the 3d Section of the Governor's proclamation.
To this note the Judge returned a verbal message, saying that
"if the Democrats were so tender-footed about the Governor's
circular he would move the stand and assembly to the woods,"
which reply the Democrats received and replied in writing declining any participation, because even in t;he woods, the assembly would be in violation of the.plain letter of section 3rd of the
Governor's proclamation, "and should any such gathering, coram
bination, or assembly take place in any county, it shall be presumed -that the same is for the said purpose of intimidza'ting voters."
He proceeded with the meeting at the door of the Court House
while registration was going on, and the peace offcers, State
Guard or militia on duty in the county, did not obey their directions by dispersing such persons. The Judge was the chief of
these peace officers, State Guard, and militia in his district, and
not only violated the Governor's proclamation himself, but pre



109
vented them from performing their duty. About 3 o'clock in
the evening a personal difficulty occured between two gentlemen,
and a shot was discharged by one but no injury done. This
created some stir among the freedmen, who flocked around the
parties who bad the difficulty. The Judge suddenly became as
wild as a newly caught hyena. His hair stood erect on his neck,
and in his wild leaps he landed through the window, into the
Court House, through which he yelled to the freedmen to go
and get their guns and return immediately. When the freedmen started for their guns, a worthy citizen of Marlin, walked
up to Judge Oliver and calmly told him that if the negroes returned and one man was hurt, his (Oliver's) heart's blood should
pay for it." The Judge instantly became as calm as a May
morning; took the stand, and sent out runners in all directions
with orders to tell the freedmen not to return with arms, and if
they did he would put them in jail. The freedmen went home
and large numbers of them armed themselves and started for
town; but were stopped by the runners. The Judge and controller of the whole affair then made a speech, and told the people how he loved them, and what a good Confederate quartermaster he had been after he had worn himself out in the ranks
and destroyed his health; but in the meantime he had closed the
registration polls, and there were about two hundred citizens
awaiting their turn to register, some of whom had been, in obedience to the Governor's Circular, peaceably and quietly waiting at the registration office for their turn to register, for three
days-nearly all of whom were white men, the freedmen having
already registered. Under this state of facts -the citizens felt
an interest in seeing the registration polls opened. Some of the
citizens asked the Judge if the registration books would be opened the next day; to which he replied that registration was
closed. Every thing now being quiet, five of the leading citizens waited on the Judge, and inquired of him what he intended




110
to do. He answered that unless a sufficient number of citizens
assured him that the law should be enforced, the county shlould
be put under martial law. About thirty of the best citizens
went to the Judge in the morning and delivered themselves as
hostages, as a pledge of the peace and quiet of the county. His
Honor accepted them and swore them in as special constables.
(How a District Judge can make constables we can't see, but the
Radical officers in Texas do anything they like.)
The Judge then sent these special constables out and had the
two gentlemen arrested who had had the personal difficulty on
the day previous, as well as about eight others. These parties
were all bound over to keep the peace and for their appearance
at the next term of the District Court. Before adjourning the
Court, the Judge thanked the citizens for the prompt manner in
which they came out for law and order, and ordered them  to
remain on duty until after the election. The Judge then went
to his hotel, and Mr. Hart, the registrar, was asked when he
would open the polls. He said he would not open them  at all,
as the Judge had no right to order them  opened.  The Judge
was promptly informed of this. He went to the Court House
and told the registrar that if he did not open the polls he would
discharge him and place a man there that would. At the commencement of the trial of the parties who had the personal difficulty the day before, the one who brought on the attack (who
was a member of the Radical party, notwithstanding which he
is a brave and noble gentleman) rose, and in the spirit of his
true manhood, took the blame upon himself, saying there would
have been no difficulty, hald it not been for him, that he had
given the other party just ground for all he did. The other
party, in every respect his peer, approached and extended him
his hand, and they were friends.
The political meetings which Judge Oliver held at Marlin and
elsewhere in his district, are the only instances of the violation




of the Governor's Circular in the State, to our knowledge, and
this you see was done by one of the Governor's own Judges; and
we firmly believe that it was done with a design to get up a disturbance in order to control the vote at that box, or throw it out
by fraudulent means; and that he was defeated in his design by
the prudence of the citizens in not participating in the meeting
and by the prompt and determined manner in which they met
the attempt to rob them of their votes.
The. Judge having signally failed in his attempt to intimidate
the people of Falls county, and having failed to originate a "contingency" sufficient to justify a declaration of martial law, left
Limestone county, where he had also called a political meeting, in
violation of the Governor's Circular, breathing vengeance against
the people of the District, and declaring publicly, in his political
harrangues, that he was responsible for what he did and said to
to no power but his God.  But the people understanding
his motive and seeing the cloven foot, by a wonderfuil degree
of forethought and discretion, defeated his design again. He
failed to get up a riot; but it was not long before an opportunity
presented itself in Limestone county, which was seized upon by
the Judge to prevent the freedmen from  going to the polls during the election, by raising the cry of intimidation, intimrnidation,
intimidation! The facts upon which this was based are these:
On Saturday, September 30th, 1871, in Groesbeck, Limestone
county, Mr. D. C. Applewhite was most brutally murdered by a
squad of the Governor's colored State police. This victim of
malice and misrule was well known as an auctioneer, at the terminus of the Texas Central Railroad, and was a gentleman of
good standing and generally very quiet and peaceable, but not a
man to quietly submit to gross outrages. The circumstances connected with his murder are these: He was standing in the drinking saloon of Zedick (the newly appointed mayor of Judge Oli



112
ver) conversing with a gentleman who had been previously arreBted and released on bond. Applewhite made some remark
that they would have a rough time arresting him without warrant. In a short time two policemen, armed, stepped up to
them and said " you are our prisoners." The gentlemen turned
to face the policemen, when they (the policemen) commenced
firing on them. Applewhite fled for protection in French's auction house, directly opposite, he being connected with the house.
IHe was closely pursued by the police, who continued firing on
him. He was compelled to leave this store and retreated towards J. C. Leonard & Co.'s bank, near which he fell-the policemen firing several shots into his prostrate and lifeless body.
All the citizens who witnessed the affair were unarmed and
could give the deceased no assistance.  The policemen fled..
Zedick, the mayor, called upon the citizens to arm  themselves
and organize, which they did; and numbers were mounted and
ordered to go in pursuit and arrest the murderers. Two were
arrested and lodged in the county jail at Springfield. The Reserve Militia organized to aid in restoring and keeping the peace.
which was speedily effected, and everything became quiet. On
the night of the day on which Applewhite was murdered, a
freedman was shot and killed in Groesbeck, by whom, whether
by a State police or a citizen is not known. Judge Oliver thought
this was one of these " certain contingencies" referred to by the
Governor when he submitted the question (to the Legislature) of
"  ak'ing some provision for the temporary establishment of martial
law within limited districts."  Wherefore he proceeds as follows,
to wit:
SPRINGFIELD, T eXAS, October 6th, 1871.
To his Excellency, F... Davis, Governor of the State of Texas
-Dear Sir:-I have been here and have thoroughly, and to my
entire satisfaction, investigated the conduct of the rioters of Limesitone county, and to give you a detailed account of the outrages




113
would keep me writing for a week. Suffice it to say, that Iknow
of nothing in the history of the Government that so loudly calls
and demands the most severe and summary punishment as the
participants in this hellish mob, hatred, malice, murder and the
complete and ruination of Republicans is the compound.
I can't d6 the subject justice, and will say that nothing less
than the trial and punishment of at least fifty to one hundred men,
by a determined Court Martial, backed by from two to three
hundred brave and loyal men, will do any good; and unless this
is done the whole matter will be a farce.
The rioters can prove anything they want to, and it is no use
to prosecute in the Courts; and even if I were to arrest and try
them, I would be compelled to try with jurors equally guilty
as the accused, and it would simply be a foolish undertaking.
Now Governor, I am not excited at, all, I mean precisely what
I say.
I enclose you some statements of gentlemen, and I will say to
you that some of the parties making the statements, tell me that
they are afraid to tell the whole truth about this matter until
they feel that this State is not to be handed over to the enemies
of the Government.
I am going to stay- with these scoundrels, and I commence on
the morrow with some twenty or thirty of the ring-leaders; and I
will do it or somebody will get badly hurt. hMany of the villians are
defiant, but I mean to test their grit before 12 M., to-morrow.
Some of the villians are now getting very sorry, since I have created in their minds the certainty of the remedy to be applied to
them. They say the good people want peace, and all that, but
they always fail to say things that would protect anybody but
themselves,
They see that it is going to cost something and they are sorry
ind eed.




I4
I[:epublicans must be protected, and anl example must be made
of this county, There are a few good men but they are afraid to
offer resistance to the mob, which extends from one end of the
county to the other.
Martial law and a Court composed of men of steel, and from
two to three hundred troops, United States troops at that, if
they can be had, is the only thing to conquer effectually these
outlaws.
Telegraph to me, or write, as you prefer, what I am to expect.
I will say no more as I deem it unnecessary. I send this by
Judge Imes, who is one of the Board of Appeals of this county,
and who can give you his experience.
Yours, &c.,
[Signed.]                            J. W. OLIVER."
We might criticise the style and language of this letter, but
will leave that to the readers, and only say that, it hardly reaches the standard of Lord Chesterfield in either.
It is not the production of a mind filled with charity-for.'charity suffereth long and is kind; charity envieth not, charity
vaunteth not itself; is not puffed up, doth not behave itself unseemly, seeketh not her own, is not easily provoked, thinketh no
evil; rejoiceth not in iniquity, but rejoiceth in truth."
It is the offspring of a mind replete with envy, wrath and anger-"wrath is cruel, and anger is outrageous; but who is able
to stand before envy."
Is his letter the production of a mind embued with truth; "let
his own words condemn him," his own lips testify against him,"
"Now Governor I am not excited at all"  Who can believe this
and at the same time believe the writer sane. "And to give you
a detailed account of the outrages would keep me writing for a
week."  If such a number of outrages had been committed in
Limestone County as would have required a week's writing to




115
detail them, might not this Judge, have given the Governor one
instance, and if there had been one outrage perpetrated in
Limestone County, other than those perpetrated by the State Police, could he have written this letter, without naming it, and
giving the naiaes of the persons who participated in it? If any
body had been murdered, would he not have so stated-but all
the;nurders had been committed by the police.
His letter does not contain a single instance of the violation of
law, or resistance to lawful authority, by any man in Limestone
County. What would this letter establish in a court of justice
before a jury of twelve men; nothing against the people of Limestone County, but it would establish for its author, an unenviable
character.
"The rioters can prove any thing they want to." Here he
charges the people of Limestone County, directly, with subornation of perjury, he knew that this was not the truth. The people of Limestone County could prove, all that they wanted to,
in order to vindicate themselves from the false and slanderous
charges-and they did do this, by men of unimpeachable veracity.
"And it is no use to prosecute in the court."  This implies
that he could prosecute in the court, that the laws of the State
were not obstructed, "and even if I were to arrest and try them."
here he admits that he had the power to enforce the laws of the
state in the county, by arresting and trying those, who have, or
may violate the laws; then why the necessity of urging the Governor to declare Martial Law?
The 26th section of the Militia Bill, gives the Governor power to declare martial law, only when "the enforcement of the
law of this State is obstructed, within any county, or counties,
by combinations of lawless men too strong for the control of the
civil aul1thorities" —Judlge Oliver further admits thl.i fact when




116
he says "I am going to stay with these scoundrels and I commence
on the morrow with some twenty or thirty of the ring-leaders;
again, "They see that it is going to cost them something and
they are sorry indeed."  If this clause in his letter be true, then
we may even admit, all that it contains to be true, and then, upon his own showing, there was no necessity for martial law. The
object of martial law is to put down such combinations of lawless men as are too strong for the control of the civil authorities,
when it accomplishes this, it has performed its work. If these
combinations of lawless men disband of their own accord, and
become "sorry indeed," that they did attempt to obstruct the
laws, what necessity then remains for martial law. Judge Oliver's own letter proves conclusively that the enforcement eof the
laws in Limestone County was not obstructed-by any man or
set of men, but by himself; and that the civil authorities could
have arrested every man in the county, without resistance. "I
would be compelled to try with jurors equally guilty as the accused, and it would simply be a foolish undertaking."  Can
this be true? where then were all the freedmen, and the white
republicans. This Judge had been in the habit of selecting his
own jurors; they were not drawn by the county court.
It was his habit, to order the sheriff to summon such men as
he designated, to serve as Grand and Petit jurors, and his Sheriff was of his own appointing, he had a short time before, turned
out the Sheriff whom the people had elected, and put in one of
lis own selecting; does he mean to say that there were not
twelve men of the republican party, of both colors, in the county, who were not participants in this "Hellish mob, hatred, malice, murder, and the complete and ruination of Republicanism
is the cbmpound."
He well knew when he blurred the paper with this foul charge
that there was not a single fact to warrant it. Every one who




117
reads this letter must be convinced, that Judge Oliver's motive in having Limestone county put under martial law, was none other than to give the Governor a pretext
to throw out the vote of the county, in order fraudulently to
procure Wmin. T. Claik a seat in Congress, and his letter establishes this fact. In one breath he tells the Governor " I would
be compelled to try with jurors equally guilty as the accused,"
and in the next he says, " there are a few good men, but they are
afraid to offer resistance to the mob which extends froim one end
of the county to the other." If this were true how could he
"stay with these scoundrels," and how was it possible that he
was going to " commence on the morrow with some twenty or
thirty of the ringleaders," or:'hurt somebody badly?" (The
Judge's weapon is like that of Sampson, the jaw of an ass, with
this distinction, in the one case, the ass was absent, in the other
the ass was always present.)  How was it possible he should do
this, if he could not find twelve men for jurors who were not
" equally guilty as the accused?" and if the few good men were
" afraid to' offer resistance," how could he expect them to commence on the revolters?
" I can't do the subject justice and will say that nothing less
than the trial and punishment of at least fifty to one hundred men,
by a determined court martial, backed by from two to three hundred brave and loyal men, will do any good," then these must
be all who had violated the law —take his maximum one hundred, if one hundred must be punished, could he not find enough
men for jurors in the county to try them? One thousand, one
hundred and eighty-eight whites had voted at the election, and
eight hundred and forty-three freedmen were registered in the
county, which makes two thousand and thirty-one competent
jurors, and yet the Judge says " I would be compelled to try
with jurors equally guilty with the accused." Why did he not tell




118
the Governor who were the accused, and why did he not accuse
all those whom he refers to " as equally guilty as the accused?"
This proves that his object was to have men punished and not
crime. The sequel to the whole letter is this: "Republicans
must be protected and an example made of this county."  Must
not the people of Limestone county be protected? No, Republicans alone, and all others must be made an' example of-and
such Republicans! " afraid to tell the whole truth about this
matter, until they feel that this State is not to be handed over to
the enemies of the Government."  If this be true, the Republicans are not worthy to control the Government-and the Judge
proposes to keep them in control, by having martial law declared
and defeating the Tyill of the people. Have not the people of
Texas, at the proper time, through the ballot box, the right to
determine into whose hands they will place the administration of
this government. But it was impossible at that election, for the
people to turn the government over to any one. They were not
electing State, District or County officers.  The election was
ordered anrid held. to elect a member to the Congress of the United States. This ought not to have'frightened the truth out of
the Republicans. Truth is not so easily frightened. Was it
not enough -to slander the people of Limestone county? Must he
add to this, the slander of truth itself   We will now examine
what S. N. Jones and MIr. W. B. Bonner (Clerk of the District
Court of Limestone county, by Judge Oliver's appointment and
Registrar by the Governor's appointment) say in their statement
to the Governor about the'necessity for martial law. They say
"in the name of God, Governor, help us, or we will be unable to
maintain our positions as Republican.."  Mr. Jones, (the same
man Judge Oliver refers to as Judge Jones,) was judge of election
in Limestone county. Hear what these two intelligent officers
say to the Governor of the State. They attempt to show the
Governor that the Republicans on a fair election, had a majority




119
of three (3) votes in the county. They say, "First, of the number voted, viz: 1188, at least seventy-tine had been objected to,
by the Board of Revision, for good aid sufficient reasons, and
two hundred at least, had been improperly registered on a sixty
days' residence in the county, instead of six months as the law
requires, add to these say one hundred and fifty men, who were
induced by the prevailing bitterness of partisan feeling, to vote
against their inclinations, and we have four hundred and twentynine who are to be taken fronm those actually polled for the Democratic candidate. The entire number of the colored votes registered is eight hundred and forty-three, of whom fully two-thirds
would have voted, and all have voted the Republican ticketDeducting the rejected voters and those improperly registered,
from the number actually polled, and deducting the number who
would have voted for the Republican candidate, but who were
forced by circumstances to vote against it, and adding them  to
the number who would have voted the Republican ticket, and
we have a balance left to the Democratic nominee of seven hundred and thirty-four, and seven hundred and thirty-seven votes
which would have been given to the Republican candidate, had
a fUll, fair and impartial election been held."
This is a beautiful document to come from a Registrar and a
Judge of election, and having passed under the eye of a District
Judge, to be sent to the Governor of the State. Is it true?  It
shall speak for itself. "And two hundred at least had been improperly registered on a sixty days' residence in the county, instead of six months as the law requires."  We don't know by
what law this Registrar and this Judge of election were governed, but by the "act to provide for the registration of voters,"
passed by the Legislature of Texas, and approved by the Governor of Texas July 11th, 1870-to entitle a citizen to register and
vote —it requires, " that he has resided one year in the State of




120
Texas'and sixty days in the county wherein he offers to register."
-Laws of 1870. page 34, chapter 16. This same provision is in
the Constitution of the State in the identical language. Then is
it true, as these men say, " that two hundred at least had been
improperly registered." This is one of those statements of gentlemen which Judge Oliver enclosed to the Governor, and we
suppose that these two men were some of the parties alluded to by
Judge Oliver as being " afraid to tell the whole truth about this
matter-it was well that something restrained' them, if this was
the character of their truths. The reader will see, that this-little
mistake of two hundred votes, will somewhat alter the result of
the gentlemen's calculation. We will make the correction, and
see how their report to the Governor would leave the vote of
Limestone county. By their figures, the Democratic nominee
had seven hundred and thirty-four lawful votes, and seven hundred and thirty seven votes which w~,ould have been given to the
Republican candidate. Add these " two hundred at least," which
they say were " improperly registered on a sixty days' residence
in the county instead of six months, as the law requires," to the
Democratic nominee, and it gives him a majority over the Republican nominee of just one hundred and ninety-seven votes.
Did they wilfully misrepresent, with a view to impose upon the
Governor, or were they ignorant of the Constitution and laws of
the State? If the former the Governor should have displaced
them instantly, as too base to hold any office; if the latter they
should have been removed because they were too ignorant-and
inexcusably so-to remain in office. This statement went through
Judge Oliver to the Governor. He is. a lawyer, or ought to be,
and is inexcusable for sending up false statements, he cannot excuse himself by saying that he did not read it. How dare any
man, claiming to be honest, send statements to the Governor,
upon which he asks him to declare martial law in the county
-suspend the writ of habeas Corpus, arrest, imprison and try




I21
the citizens-and force from them forty thousand dollars, without having thoroughly investigated each statement, in order to
satisfy himself of the truth. If he knew it was false, he is more
despicable than they who made it, and too infamous to hold an)
office of honor or trust, and should have been removed instantly
for misfeasance in office. If he was ignorant of what it contained,
he is equally criminal, and should have been instantly impeached
and removed for misfeasance in office.
There is just about as much truth in the ballance of the statements which the Judge forwarded to the Governor-by Judge
Jones whose experience the Governor is to receive, as is contained in this. The registrar, Bonner, and Judge Jones, the judge
of election, perpetrates a fraud upon the other persons whom
they induced to sign it by falsely representing its contents.
This is what the others say about it under oath. I-ear them
Mr. MI. A, Tucker says, "Now I have to say that I never saw or
h'eard any such statement of the affair until I saw it in the journal aforesaid." The letter of Judge Oliver with all the statements, were demanded by the Legislature, of the Governor, after he declared martial law in Limestone and Freestone counties
and were published in the State Journal, the organ of the administration on  13th Nov. 1871. Mr. Tucker further says,
"that on Thursday the first day of the election, he furnished
several freedmen on his place transportation to go to the polls
to vote."
When they returned they informed him that they had not voted, that the bridge at Springfield was guarded, they were passed through by the guards and told that the way wiAs open and all
could go and vote." They went on into town and around the
Square, but every thing was quiet and orderly, when they reached the square they were told by a colored man, that there was
no use in their voting, that the election was not going on accord



122
ing to the  -overnor's oider and that the vote of this coutty
would not be worth any thing. They then asked my advice. I
told them I would enquire into the matter for them, on Wednesday morning I addressed a letter to Mr. W. B. Bonner registrar
of this county enquiring into the state of things at Springfield
and in the evening by the hand of Charles Keillingen a mechanic, in my employ, I received the following note, from Mr. Bonner, which I have in my possession.
Springfield, Oct 4th.
Mr. A. Tucker
Dear Sir.
I decline to communicate to you in regard
to validity of election, times are too pressing to trust any thing
to letters or messengers unless I have implicit confidence in
them. I would not advise you to bring any Clark men with you
but we are anxious to see you, and wish you would come over
immediately, Stevenson has finally withdrawn, every thing is
working right for us.
Yours truly
(signed) W. B. Bonner.
I took no further notice of the matter until the last day of
the election, when I went to Springfield. I arrived there about
11 o'clock A. M., remained about town until late in the evening,
when I cast my vote just before polls were closed-I saw nothing during the day to cause the least intimidation, the guards
treated every body politely, on Friday night after the vote had
been counted I was requested by Mr. Bonner and others to sign
a statement in regard to the election matter in this county; I
enquired its nature and contents, which Mr. Bonner stated or
pretended to state to me, I had confidence in his veracity and
relying upon his representation of the contents of the documents
I signed it. But his representation of the contents of the paper




123
I signed was very different in substance and spirit, from  what I
see published in the Journal.
(signed) M. A. Tucker, J. P.
Limestone Co., Precinct No. 2.
Witnesses, J. J. Lewis, A. C. L. Hill, R. A. Davis, W. G. Randall, S. J. Adams.
Mr. John H. Welsh, also makes affidavit, that there was no
intimidation offered by Democrats, and further says.  "That
prominent Republicans did write and caused to be circulated
through the county, certain letters urging the negroes that they
must not come up and vote but stay away, and cry intimidation.
That when the evidence was being compiled upon which the republicans expected to have martial law declared, one Sydney M.
Jones, a manager of this election, asked me to sign the statement
that was to go, and subsequently went, to the Executive of the
State. I told him I could not sign it, for I considered the statement false, Jones then said, that he had pledged Judge Oliver
that I was a good Radical and could be relied upon, and if I
failed to sign it, it would go up to Austin by Bonner, and that
Judge Oliver would doubt him, and he, the said Jones, would be
in a bad plight with his party. He then said if I would sign
said statement to save his character withi his party, he would. get
to carry it to Austin; that he and I would go to Rosse together
and he (Jones) upon our arrival, would destroy the statement
and after some days, report to Judge Oliver, he had lost it, and
thereby it would never reach the Governor.
R. A. Clifton a Republican and a special policeman appointed
by the Governor, makes affidavit to the following facts. "I will
state further, that W. B. Bonner registrar, and S. P. Young sheriff of this county, told the negroes to circulate, -the report, and
impression that there was danger, that by this means the elec
tion in this county could be "thrown out," so that the majority
in the county for D. C. Giddings wouldbe of no avail to the




124
Democrats. I will state further that some of the officers of the
election, urged that all negroes whether of lawful age or not, be
urged to register and vote, and the negroes offering for registration, should not be excluded by reason of minority; and that Sidney Jones a magistrate in Rosse precinct, gave instructions that
all negroes, regardless of qualifications, should be brought to the
polls and required to vote. I further state, it was agreed in
caucus by the officers of the election, that every means that
could be employed, should be, to throw out the vote of this county-and thereby destroy the large majority that otherwise would
be given to Giddings. I further state that C. H. Newton, deputy-sheriff told me; he had sent word to the negroes, to stay away
from the election, and further to arm for battle-C. H-I. Newton
was also captain of the Police. I will further state that I was
present when the following conversation, in substance ensued
between Sheriff Young and Merrick Trammel, a colored officer
of the police, to wit, Young stated to Trammel he had a warrant for the arrest of the negroes engaged in the killing of Applewhite, and asked if he would surrender them. To which'
Trammel said, he would not. Young said are you afraid to go
and vote. Trammel answered no. Young replied, Trammel
you must not say that; you must say you are; its the only way
we can get the vote of the county thrown out, and to carry the
election for Clark,." I will state I intended to vote for Clark,
the Republican candidate for Congress, and should have done
so, but for the statement of Judge J. W. Oliver, to the effect, not
to vote, as the Republicans intended to have the vote of this
county thrown out.
(Signed)                 R. A CLIFTON, Special Policeman.
There are other statements to the same effect, but these suffise to show, who the " scoundrels' were, Judge Oliver told the
Governor he was going to deal with. Was ever such villainy




125
perpetrated, upon an honest people, by a set of officers —before
the days of the present administration."
Jeffreys himself ~would have blushed at such vile frauds. Judge
Oliver, in this matter is guilty "of violating the most solemn engageients into which man can enter with his fellow man, and of
making institutions, of which it is desirable that the public should
look with respect and confidence-instruments of frightful wrong
and objects of general distrust."  We did not expect any thing
better from him, what Macaulay says of the traitor, Churchhill,
applies with force to Judge Oliver, for men who have once engaged in a wicked and perilous enterprise, are no longer their
own masters, and are often impelled, by a fatality which is part
of their just punishment, to crimes such as they would at first
have shuddered to contemplate."
How sadly true, and painfully applicable to Texas now, is the
following page of history. "All those evil passions which it is
the onice of government to restrain, and which the best governments restrain but imperfectly, were on a sudden emancipated
from control, avarice, licentiousness, revenge the hatred of sect
to sect. On such occasions it will ever be found that the human
vermin, which neglected by ministers of state and ministers of
religion, barbarous in the midst of civilization, burrows among all
physical and all moral pollution, in the cellars -and garrets of
great cities, will at once rise into a terrible importance." What
the historian says of chancellor Perth, the apostate, is true of
this man Oliver, "his nerves were weak, his spirit abject; and
the only courage which he possessed was -that evil courage which
braves infamy, and which looks steadily on the torments of others.
This Judge Nwill serve as an illustration of the Judiciary of the
present administration, with here and there an exception, but
these exceptiens are few, very few.




I26
We will now give the reader some idea of this man, as judge
upon the bench. He is uncouth, full of evil passion, vindictive,
selfish, meriting nothing but contempt, therefore always suspecting he is held in contempt, by the bar and the people, never imposes fines, without adding insult to injury. We will give one
instance. A young gentleman of exemplary character and deportment, entered the courthouse at Waco, during the session
of the court. The court room is up stairs and is about forty feet
square. The Judge's stand is against the wall at one side there
is a railing running across the centre of the room., separating the
Judge and Lawyers from the spectators. On the south side of
the room and opposite the Judge's stand are two rooms, one used
as the Clerk's office, the other as the She'riff's office, the doors to
each of these open on the steps leading down stairs. The gentleman went into the Sheriff's office, and when he came out, he
did not take off his hat, he stepped from the Sheriff's office on
the step and proceeded down stairs, after he was out of sight the
Judge looked wildly around at the Sheriff and said, "follow that
man just gone down the steps and bring him before the court."
The Sheriff went in a run, and soon returned with the prisoner,
when the following interesting dialogue took place.
Judge.  "What is your name sir?"
The gentleman.politely and modestly told him his name.
Judge.'"WThere do you live sir?"
Gentleman. "I live in Waco sir."
Judge. "What is your occupation?"
Gentleman. I aml a professor sir, in the Waco university.
Judge,  "What, a professor in a university, and got no better
manners -than to come into the presence of the court with your
hat on sir. Now sir, if you had been some ignorant backwoodsman I might excuse you, but a professor in a university ought to
have better sense, you will pay the clerk sir two dollars and a




127
half and it will learn you better manners next time you come before the court." The gentleman attempted to explain, but he
was balled at by his Honor, He proceeded to the clerk's desk,
paid his two and a half dollars, and left the courthouse never
again to enter it except on urgent business, while his Honor disgraces it. This is a fair illustration of the manner of assessing
fines.
It would surprise the reader if he could see a list of the fines
he has imposed at the different counties in his district (McLennon, Falls, and Limestone counties.)
We will now give an instance of his ruling on law points. He
rules that,'"words constitute an assaiilt," and so charges his juries, Our code defines an assault to be, any attempt to commit
a battery, or any threatening gesture showing in itself or by
words accompanying it, an immediate intention, coupled with an
ability to commit a battery." Art. 2137 Pascholis Dig.
The statute explains the terms "coupled with an ability to
commit," thus Art. 2144. First that the person making the assault must be in such a position that, if not prevented, he may
inflict a battery upon the person assailed."
2nd. That he must be within such distance of the person so'assailed, as to make it within his power to commit the battery
by the use of the means with which he attempts it."  If his Honor's construction of the law be the correct one, this distance will
depend in a great measure upon the state of the weather. On a
cold, frosty morning a man might commit an assault at the distance of a mile, when on a cloudy and sultry day, he would have
to be within one hundred yards or such a matter, of the person
assailed.
This law argument of the Judge has not weight enough to keep
one serious, the fault is less ours -than his; and as we are willing
to make an apology to the reader-for the liberty we have ta



128
ken-we hope the Judge will malke his for giving the cause.
Our Code further declares, Article 2147, that "No verbal provocation justifies an assault and battery."  Then it is evident, if
words do not even justify they cannot constitute an assault. "No
words will justify an assault."-Whar. Am. Cr. Law, page 463.
This Judge has an indictment now pending in his Court at
Marlin, Falls county, in which'a young man is charged with an
aggravated assault, for talking roughly to some one while the
party was in the house with the doors closed and locked, and
the indictment charges the assailed party to have been in bed.
I am not certain whether it charges the person assaulted to have
been asleep or not. He has overruled a motion to quash this
indictment.
This Judge has ruled, that a defendant convicted of crime in
this State, has no right of appeal, by the Constitution and laws
of this State; and in pursuance to this opinion, he sent two
freedmen to the State penitentiary, denying them  this right.
tipon this point our present Constitution reads, " In criminal.
causes no appeal shall be allowed to the Supreme Court, unless
some judge thereof shall, upon inspecting a transcript of the
record, believe that some error of law has been committed by
the judge before whom the cause was tried; provided that said
transcript of the. record shall be presented, within sixty days from
the date of the trial, under such rules and regulations as may be
prescribed by the Legislature."  The State Constitution' of 1845
reads, "The Supreme Court shall have appellate jurisdiction
only, which shall be coextensive with the limits of the State;
but in criminal, and in cases of interlocutory judgments, with
such exceptions and under such regulations as the Legislature
shall make."
This clause has been construed, by the Supreme Court of
the State, in the case of Saturner vs. the State, Chief Justice Hemphill delivering the opinion-than whom, no more




129
profound and just judge ever graced the bench. "But in
this State," says he, " the right of appeal flows from a higher
source, it is guaranteed by the Constitution. It is true that the
grant of appellate jurisdiction over criminal cases, is with such
exceptions and under such regulations as the Legislature may
make. Whatever may be the interpretation of these words,
when they qualify other grants of authority, I cannot admit, that
as usual here, they can be so considered as to make the right of
appeal dependent wholly on the action of the Legislature. The
rights exist under the Constitution; and had the Legislature
failed to pass any law, regulating its exercise, it could not, if
claimed, have been denied."-9 Texas Repts. 457.
Decisions of the Supreme Court have no effect upon his Hon —
or, we have frequently heard him  tell lawyers, who offered to
read decisions applicable to the case being tried.  " It is no use
to read that decision sir, I have long since ovenrr tled it."  In the
two cases above referred to, the defendants were both sentenced
by his Honor and sent immediately to the penitentiary. A motion for a new trial and in arrest of judgment were presented iln
proper form and within the time prescribed by the statute, both
of which were overruled by his Honor; notice of appeal was
given and entered of record, the statements of facts were agreed
upon by the District Attorney and the counsel for the defendants,
and approved by the Judge. The Judge refused to allow the den
fendants time to send a transcript of -the record to a judge of the
Supreme Court, and before the Clerk could find time to make
out the transcript, this humane Judge had both the defendants
inside the door of the State penitentiary.  If this be not oppression, we know not what to call it!
In a short time (-auch within the sixty days allowed by the
Constitution for forwarding the transcript) the transcript in each
case was made out, and forwarded to Judge Ogden-one of the




judges of the Supreme Court-and an appeal granted in both
cases, and the following mandate returned to the District Court:
" THE STATE OF TEXAS,
To the Di1-trict Court of McLennon County, Greeting:
Before the I-Ion. Paley Ogden, one of the judges of the Supreme
Court of the State of Texas, in the case of the State of Texas, vs.
Jackson Jenkins. The application of the defendant Jenkins for
an allowance of an appeal, from the judgment of the District
Court of McLennon county, was determined and thereinc the
said judge made his order in these words:
An appeal is allowed in the foregoing case, June 22d, 1871.
[Signed]      PALEY OGDEN, Judge of the Sup. Court.
Wherefore we command you to observe the order of said judge
in this behalf; witness the Hon. L. D. Evans, presiding judge of
said Court, with the seal thereof annexed, at Austin, the 24th
day of June, A. D., 1871.
h —~ —~  [Signed]  W. P. DENORMANDIE, Clerk."
{ L.S. }
What was the District Court to obey? It was to suspend its
sentence and let things remain in Stcatu quo, and retain the defendants in custody in the county jail, until the Supreme Court
passed upon the case and affirmed or reversed the Decision of
the District Court. But Judge Oliver had already passed sentence, and the Sheriff of the county had long before filed with
the District Clerk of McLennon county, the receipt of the Superintendent of the penitentiary, for the bodies of these two
men. The counsel for the defendants went to Judge- Oliver and
asked him to send to the penitentiary and get the defendants; he
refused to do it, but said if the Supreme Court reversed the cases,
he would get them out of the penitentiary by writ of Habeas
Corpus. The counsel for the defendants immediately applied
for the writ of habeas corpus in the case of Jackson Jenkins,




131
which was granted by the Judge of the Supreme Court, the
mandate ordering the Keeper or Superintendent of the penitentiary, to have the body of the applicant before him at the Supreme Court room, in Austin city, on the 16th day of September,
1871. The Superintendent made the following return upon
the writ:
SEPTEMBER 9th, 1871.
James W. Talbot, Superintendent of the penitentiary, returns
"' that Jackson Jenkins was killed while at labor on the Houston
and Great Northern Railroad, on the 27th day of June, 1871.,
while attempting to escape.
[Signed]             J. W. TALBERT, Superintendent."
Is this not oppression? Is this not tyranny? The voice of
that man's blood, to-day, crieth unto heaven for vengeance'!
I care not if these defendants did not have the right of appeal
by the Constitution, they did have the right to their sixty days
to forward the transcript to the Supreme Court, which this Judge
denied them, and in denying it he vidlated every principle of
humanity and justice. Is this the sort of protection that the
freedmen are to receive from the Courts of justice, under
this administrationn? if so, the least that is administered the
better.
We have heard this Judge charge grand juries, that the State
Police and State Guard were empowered, and had the right and
authority under the laws, to seize and hold in custody, any man,
without warrant or other legal process, and that those political
speakers who said they had not this right and authority, were
viccked and bad men, and enemies -to the government.
I can give the reader but a very imperfect idea of the Judge
Nothing can give a correct idea of the man, but to see him., and
witness his wild and insane ravings as he charges the grand and
petit juries. On these occasions his eyes glare like a tiger's, he
beats the cushion of his desk violently with his clenched fist, in




132
f-act he has become so frightfullyterrible and self-important, that
the goddess of justice has fled the temple and taken up her abode
elsewhere; he has destroyed her emblems and broken her scales
and given the fragments to the State Guard! Lord deliver us
from such a scourge.  We will give the reader one instance as an
illustration of his rulings in civil cases: An attorney brought
suit upon a simple note of hand, in the District Court of McLennon county.  The note he had received from a firm  of lawyers
living in Lebarnon, Tenn, with instructions to institute suit immediately and make the money.  The suit was instituted, the
payer being a citizen of McLennon county.
When the case was called the defendant by his attorney, read
his plea in abatement to the effect thatthe plaintiff was not living at the date of the institution of the suit.  The pltffs. counsel
being satisfied from  the evidence of the defendant's witnesses,
that the plea could be sustained, dismissed the suit at plaintiff's
costs. The Judge said that would not do, that he would enter
up a judgment upon the minutes of the court against the plaintiff's counsel in person and by name for the costs of the suit.  To
this the counsel objected, saying he was not a party to the suitbut if his Honor thought that he wilfully brought the suit knowng at the time that the plaitiff was not in  ease that he
had  the  rifght to impose a fine  for the  contempt.  The
Judge  said he knew  it was not the fault of the attorney
but the clerk, and officers must be paid for their work "Enter up the judgment lMr. Clerk against the plaintiff's attor
ney" and it was entered up accordingly, and stands as a monument of his legal lore and justice on page 657 of the minutes of
the District court of lMIcLennon county, Texas.  We have only
a very few instances of the Judge's rulings on law points and they
are such as come under our own personal observation. The peo_
ple of the entire district, as well as all the members of the bar in
the district having lost all confidence in Judge Oliver as a man




133
and as a Judge, and being convinced that the fountain of justice
could never be purified as long as he stood by to muddy its waters, presented him with the following petition, urging him to resign, which will explain itself.
" HON. J. W. OLIVER, Si:-We hand you herewith, a communication from the members of the bar of the thirty-third Judicial District, soliciting you for reasons therein stated to resign
the Judgeship of -said District. The unanimity evinced by this
paper, we hope, will secure -for it serious consideration, and produce in your mind the conviction deeply rooted in ours, that the
best interest of the bar and people of the district, will be promoted and subserved by a compliance on your part with this
request.
Very respectfully,
[Signed.j                 RICHARD COKE,
T. P. AYCOCK,
L. W. GOODRICH,
E. J. GURLEY,
B. B. CL&RKSON,
Committee of Presentation.
The petition accompanying the letter, and handed to Judge
Oliver in a body, reads as follows:
Hion. J. gr Oliver;, Sir:' -The memnbers of the bar subscribing
their names hereto, would respectfully represeg4,, that -events
have occurred in the 33d Judicial District since your appointment to office, which have rendered you unpopular as a Judge
and as a man, with the people of the District and with the members of thle bar; that they no longer have in you the confidence
necessary to be reposed..in one in your position, and that this
unpopularity and want of confidence is so universal, and so deep-!-y felt, that the prospect of your future usefulness, as Judge in
this district, is destroyed.




134
We have felt it our duty to inform  you of these facts, and
while painful, we believe it just to yourself, to ourselves, and to
the people of the District, to say further, that' your resignation
would afford satisfaction to us, to them, and restore confidence
in the administration of the laws through the Courts. We,
therefore, present this as our petition to you, based upon the belief of the good results that would follow, requesting for these
results, the sacrifice of your position by resigning it.
Very respectfully,
[Signed.]    W. R. Reagan, B. B. Clarkson, B. F. Gassaway,
Thos. Harrison, B. L. Aycock, Chas. A. Jennings, L. W. Goodrich, J. R. IMcDonald, J. D. Oltorf, E. J. Gurley, F. H. Sleeper,
E. A. Jones, J. T. Dixon, Thos. Moore, Win. L. Prather, E. H.
Graham, George Clark, E. A. lcKenney, W. M. Flournoy, J. F.
Davis, L. C. Alexander, C. B. Pearre, W. B. Forde, Richard
Coke, Thos. P. Aycock, S, C. Buck, B. W. Rimes, T. D. Williams,
W. C. Smith, J. W. Speight, D. A. Kelley, J. M. Norris, G. B.
Gerald, J. C. West, N. W. Ba.llte, John T. Flint, M. D. Herring,
G. J. Buck, W. H. Jenkins, R. W. Davis, A. J. Evans, J. M.
Anderson.
The following persons authorized their namres to be signed,
after the petition had been presented. Their names did not appear on the petition, at the time of its presentation, because the
telegraph wires were down and they could not be communicated
with. They compose the bar of Limestone county:
D. M. Pendergrast; L. J. Farrer, J. t. Smloot, Thos. J. Gibson,
John A. Harrington, R. A. Davis.
The above compose the names of every lawyer in the District,
of both political parties, except three, two of whom were in
Polo Pinto county, several hundred miles distant, and the third
was absent or not seen; all would have signed it had they been
accessible.




135
One would suppose that the Judge would have yielded to this
polite request of this great number of intelligent and high-toned
lawyers. But not so. He was not prepared to give up such an
office, as he had transformed the office of District Judge into, so
easily. He immediately adjourned his Court (at Marlin) for
several days, and ordered the Sherif, if he was not back on the
day to which he had adjourned it, to call it and adjourn it from
day to day until he arrived.
Hie went straightway to Austin to see the Governor, to caucus
with him about the matter. He did not resign.
The Legislature, a day before they adjourned, preferred
charges of impeachment against him, and passed themt, but before they had time to present them to the Senate that body had
adjourned. Judge Oliver is now holding Court in Limestone
county-the same he had put under martial law. How can he
sit upon that bench of justice, which he had so disgraced, and
look those people in the face whom he endeavored bv fraud to
destroy?
We might record many other outrages and oppressions inflicted upon the people of his District, by the Judge of the present
administration; but these few instances will suffice to give an
insight into his true character, and show the design of the Governor in appointing such to office. His letter had the effect he
desired, and brought forth the following proclamation from the
Governor:
"TO ALL WHOM THESE PRESENTS SHALL COME;
Whereas, it has been officially made known to me, and the
official reports have been corroborated by the verbal statements
of individuals of good repute, personally cognizant of the facts by
them stated, that there exists, in the counties of Limestone and
Freestone, in said State, a combination of lawless men, claiming
themselves to consist of several thousand persons, organized as




an insurrectionary- force too strong for the control of the- civil
authorities of said counties, which has murdered an unarmed and
unoffending citizen, in his own house-; the individuals composing
which'carry pistols and other weapons prohibited to be worn on
the person by law; have discharged fire-arms in public places,
and have by threats, violence and organized force,' intimidated
and controlled the civil officers of Limestone county, so as to prevent them  from discharging their respective duties; wvho have
precluded the holding a fair election in said last named county,
and who even preseme to place picket guards upon the public
highways, arrest and detain as prisoners citizens of the- State,
and stop the coaches carrying the United States mail, and interrogate, in an inquisitorial -and menacing manner, the-passengers
therein; and to cut the telegraph wires to prevent communication with -the seat of- government; which insurrectionary force
exists as an armed and organized body, contrary to law, and is
too numerous to be arrested and held by the civil authorities,
and to be tried by the District Courts;
Now, therefore, I, Edmun J. Davis, Governor of the State of
Texas, by virtue of the authority in me vested by the Constitution and laws of said State, do hereby declare and proclaim mar:
tial law  in said counties of Limestone and Flreestone, and do order
that the laws be suspended therein, and that the issuancy of the
writ of habeas corpusZ, within-or directed'to said counties, or to
either of them, be prohibited, until the Legislature now in session
shall take such action as it may deem- necessary, and until this
proclamation is revoked; an assessment of fifty thousand dollars,
or so much thereof as may be necessary, being hereby directed
to be levied and collected off the property subject to taxation,
of the resident citizens of said county of Limestone, where said
combination organized, to be applied in accordance with Chapter
twenty-two of the general laws'of the Twelfth Legislature of the
State- of Texas, first session, 1871.




137
In testimony whereof, I have hereunto signed my name, and
have caused the great seal of the State to be affixed, at the city
of Austin, this 9th day of October, A. D., 1871, and of the independence of Texas, the thirty-sixth.
[Signed.]  ED.UN J. DAVIS,
By the Governor.             Governor.
JA`MES P. NEWCOMB, Secretary of State."
The Governor by his proclamation based upon the false official
reports, of his still falser officers, and the verbal statements of
these worse than infamous individuals, shows no grounds for the
declaration of mar'tial law, in Freestone county. The 26 section
of the militia bill from which the Governor claims to derive the
power to declare martial law, only permits him to do it "whenever the enforcement of the laws of this state, is obstructed within any county or counties by combinations of lawless men too
strong for the control of the civil authorities."  lIe only charges
that the civil authorities of Limestone county, were prevented
from discharging their duties, and have by threats, violence and
organized force, intimidated and controlled the civil officers of
Limestone county so as to prevent them from discharging their
respective duties."  If there was no combination of lawless men
too strong for the control of the civil authorities in Freestone
county, and this is the only ground upon which the law permits
the declaration of martial law; and the constitution of the state
gives the Governor nzo power to declare it, did the Governor in
btrth declare martial law in Freestone county, by virtue of that
authority in him vested by the constitution and laws of the
State?  No, it was the exercise of an assumed power, for. the
purpose of oppressing an innocent people and depriving them by
force, of their property, as well as their right of franchise.  Was
it officially* made  known to  him  by  Judge  Oliver, that
the enforce-ment of the laws was obstructed  in  Limestone




1.38
coulity by any power too strong for the civil authorities.  Not so
but on the contrary he says: "I commence on the morrow to arrest some twenty or thirty of the ring leaders." and "they see it
is going to cost something, and they are sorry indeed."  If this
be true does it not show that, even at the date of writing the
letter and compiling the statements in order to get martial law
declared, that whatever might have been the necessity for martial law in Limestone county prior to that date, that necessity
had then ceased, and no longer existed.  But not only so; does
the Governor esteem the liberties, the property, the reputation,
and happiness of the people of Texas so lightly, as to destroy
them on official reports corroberated by verb 1 statements of individuals, without requiring both to be corroberated by the oath
of the parties making them?  What right has the Governor to
hear verbal statements from any man, on a subject so deeply affecting the people as the subject of martial law, or no martial
law. The very admission is a disgrace to any officer, holding
the position he does.  It shows a reckless want of care for the interests of the people.
Is it possible that the Governor has been criminal enough to
put whole counties under martial law and imprison the citizens
by hundreds, seize their property, and search their houses without probable cause, supported (not by verbal statements but) by
oath or afxlrmation?  The very constitution which he has sworn
to support and from which he claims to derive his authority, declares "the people shall be secured in their persons, houses, papers, and possessions from all unreasonable seizures; or searches; and no warrant to search any place, or to seize any person
or thing, shall. issue, without describing such place, person or
thing, as near as may be, nor without probable cause, s?4uported
by oath or affcmation." The official statement of Judge Oliver
flrther shows that martial law was applied for, not because the




.139
enforcement of the laws of tie State was obstructed by force, but
because (to use his language) "the rioters can prove any thing
they want to," for the argument we will admit this to be true.
Does the constitution and the laws authorize any power in the
state to declare mlartial law, because the character of the citizens
for truth and veracity is suspected, or if you please is known to
be bad. Show us the clause in the constitution or laws which
authorizes it.  This is not assigned as a cause by either.  But it
is assigned by Judge Oliver as one of the reasons, why he did
not choose to try the rioters, as he is pleased to call them, in the
civil courts, and the only other reason he assigns for not trying
them, is, that he would have to try them before jurors equally,
guilty as the accused, neither, or both of these combined, constitute a basis for martial law, and the Governor knew it as well as
he knew that there was not the shadow of necessity or cause for
martial' law in Limestone or Freestone counties, unless to elect a
Democrat to represent them in the Congress of the United States,'be a cause for the declaration of martial law. The Governor
from the official reports and from the verbal statements of individuals, well knew the fact, and instead of carrying out the imperative injunction of the constitution "take care that the laws
are executed," h hhad violated them for purposes so grievous that
they cry to heaven.  Ti'his is strong language but it is the ]anguage of facts.
Where did the Governor get the anthority to suspend the writ
of habeas cotpus, in Limestone and Freestone counties?
No such authority is vested in him by the constitution or laws
of the State.  Section 10 of the constitution declares, "the privilege of the writ of habeas copus shall not be suspended except
by act of the Legislature, in case of rebellion or invasion, when
the public safety may require it."  No power in the State can
suspend the writ, except the Legislature, and it can only do it




140
when one of the two conditions exist, in case of such a rebellion,
as endangers the public safety, or in case of such an invasion, as
endangers. the public safety.  Upon the evidence, before the
Governor, the Le gislature could not have suspended the writ.
The Governor in his proclamation does not charge the people of
Limestone and Frees'tone counties, or of either of them, with being in rebellion or in invasion, nor does he use any words of
equivalent import; then if they have not been guilty of, and are
not charged with being in that condition, which alone can subject them to the deprivation of the writ, how could the Governor
declare these counties under martial law, even if the constitution
had vested the power in hira, under the state of facts, as he represents them to exist, in his proclamation.  He says there was
organized an insurrectionary force. The constitution authorizes
him to call forth the militia of the State to,supress innsurrection.'
It therefore follows, from the Governor's own showing, that
the exercise of the power to suspend the writ of Habeas Corpus
in the two counties, was usurpation, and -usurpation is tyranny.
Let it also be remembered, that by the Governor's proclamation of September 6th, 1871, he authorized the registrar " if an.
emergency should arise, demanding a stronger force than is at
hand, of either State or Special police, to call upon the nearest
officer in commaand of State Guard (or m.ilitica in the absence of
State Guard) for detail of sufficient force, to secure the enforcements of the regulations provided in said'circular' from  the
Governor."  Said circular referred to his election proclamation
of August 9th, 1S71.
Those persons whom the Governor charges as a combination of
lawless men, too strong for the civil authorities in Limestone
county, and who carry pistols and other weapons prohibited to
be worn on the person, by law, &c., were Captain Richardson's
company of Reserve Militia, who had been called out by the




141
registrar, in obedience to the Governor's proclamation, and were
acting under the direction and carrying out the instructions of
the Registrar, and preserving the peace of the county. So we
see, as before remarked, that it was never intended that a militia force should be organized in the State, and the very first
time that force is brought into requisition by the registrar, this
circumstance is taken advantage of by the Governor and his officials, as a pretext to put the county under martial law. The
sense of the Governor's proclamation was to leave out tte militia entirely; for he encloses them in brackets, thus: ("or of militia, in the absence of State Guard)"
Foul deeds will rise,
Though all the earth o'erwhelm them, to men's eyes."
We might stop here, and the proof would be abundant to brand
the Governor and his officials, with the basest frauds and oppressions; we will now show  how guilty the people were'pronounced by the court-martial appointed by his excellency.  The
27th section of the Militia Bill reads: "Whenever the laws
may be suspended, as provided for in the last preceding section,
it shall be the duty of the Governor, to provide for the trial and
punishment of offenders; and the Governor shall make all details of officers for this purpose, and prescribe all necessary regulatione for the formation and government of courts-martial, and
military commissions for this purpose."
He organized a court-martial, and in the language of his official, it was composed of men of "stee' but of that pure' Demascus
steel, keen enough to cut through, to lay bare, to dissect and totally destroy, and defeat their wicked and fraudulent attempt to
oppress an innocent and unoffending people, and to deprive them
of their civil and even natural rights, (so far as it was possible
for any court-martial to do.) The members composing this courtmartial discharged their duties like officers and men, as they
were, "United States" officers at "that too."




142
They were men embued with the principles of common justice
and humanity, they did not seek out men to punish, but crime,
and the result was that not a man (in the "officials" language,
"in this hellish mob, hatred, malice, murder, and the complete
and ruination of Republicans is the compound") was, declared
guilty or punished.  Then said this court-martial to all the people, we find no fault in these men, "for many bear false witness
against them, but their witness agreed not together." When
the Governor received the report of this court-martial, and the
report of General Reynolds, and General Davidson, who had
been there, and thoroughly, and to their "entire satisfaction, investigated the conduct of the rioters of Limestone county," and
had before him, the "detailed" account of the outrages,.which
would keep his "official" "writing for a week,'  and when
he compared these with his "official reports, corroborated by the
verbal statements of individuals of good repute, personally cognizant of the facts by them stated," what impression must they
have produced on the mind of his Excellency, as to the character
of those officials, and as to the repute of those individuals. He
should have removed such of the officials from office as he Qould,
and used his uttermost to have (such, as he had not the power to
remove) the others impeached and removed. But instead, his official Oliver is still at large, and still acting as District Judge.
His W. B. Bonner is still Registrar, and his official and individual, Justice of the Peace, Sydney A. Jones is still Judge of election. These. three men sentsup a report to the Governor, in
which they accusedthe people of Limestone with insurrection,
with intimidation of voters, with fraudulently registering, and
voting, all of which the facts show, were falsely and fraudulently
made. When the Governor received the report of the military
commission, showing that there never did exist in Limestone and
Freestone counties, any combination of lawless men, organized
as an insurrectionary force, too strong for the control of the civil




143
authorities of said counties, and that no man or set of men (but
his officials) had precluded the holding a fair election in either
of said counties, and that all the charges in his proclamation
were based upon official reports, malicious and unfounded, and
the corroboration' of those reports were by verbal statements of
men wholly unworthy of belief. What then becomes his duty as
a christian, honorable, law-abiding Governor? He should have
issued a proclamation revoking martial-law, and stated the true
facts of the case as he knew them to exist. Did he do'this?
No! no!
On the 11th November 1871, he issued his proclamation in
language similar to this. Whereas, order having been reestablished -in Limestone and Freestone counties, and whereas the
purposes for which martial-law was declared having been mainly attained: now therefore I Edmund J. Davis, Governor of the
State of Texas, by vir-tue of the authority, in me vested by the
constitution and laws of the State, do hereby declare the proclamation of the Governor of the State of Texas of date 9th October 1871, declaring martial-law in Limestone and Freestone
counties revoked &c.
We will now point out the only "purposes" which were attained by the declaration of martial-law, in those two counties.
The following official notice will show one of the objects attained.
"Office special agent State of Texas, Groesbeck, Limestone
county, Texas.
Oct. 24th, 1871.
Pursuantto orders received from Major General A. G. Malloy
commanding state forces in Limestone county, I am  ordered to
assess and levy a special military tax of Forty Thousand dollars
($40,000) to be paid by the citizens of Limestone county, to defray the expenses of military commission and State troops now
on duty in said county.




144
I therefore levy a tax of three per cent on the hundred dollars of all taxable property situated in said county, as per assessment rolls of 1871.
All persons owning property in Limestone county are notified
to appear at my office, in the city of Groesbeck, immediately, and
pay the same, all persons refusing or failing to pay said tax
within three (3) days from above date ten per cent, will be added, and their property levied upon and sold to satisfy said tax.
(signed) Geo. W. Farrow,
Special agent State of Texas, for Limestone county.
This, then, was one of the objects attained, no, only " mainly
attained" fbr thirty-six thousand dollars ($36,000) instead of
forty thousand ($40,000) dollars were collected from the citizens.
The next " purpose attained" was the pretext by which the Governor threw out the votes of Limestone and Freestone counties.
These were all the " purposes attained"'under the Governor's
proclamation of martial law. We suppose that if the assessment had been fifty thousand dollars, ($50,000) the amount designated in the Governor's proclamation, and the full amount had
been collected froma the people at the point of the- bayonet, the
Governor would have said in his proclamation revoking martial
law, that the purposes had been wholly attained.
This is a fair inference from the facts. It is the only oonclusion which can be derived from them. I have given all the purposes or objects which were attained:
1st. The collection of thirty-six thousand dollars from the
citizens.
2d. A pretext for throwing out the votes of the two counties.
If this be true (and I refer the Governor to the reports of the
military commission of General Reynolds and General Davidson, now on file in the Adjutant General's office, at Austin, for.
the truth of it) and the Governor in his revoking proclamation,




145
says that the puriposes for which martial law was declared "hating been'mainly attained,' " -then the attaining of these purposes, which we show was attained, must have been the purpose for
which the Governor placed the counties under martial law. We
do hope, for civilization's sake, that the Governor, in his hours
of calm reflection and pious meditation, derives no pleasure from
the gratification of such purposes, such designs.
Can he expect the people of Texas to confide in, to revere or
even respect him?  He had as well expect the Ethiopian to
change his skin, or the leopard his spots. Nor can he ever put
himself in that condition which will merit the respect and ecteem of the people, until he casts from him that ponderous load
of official corruption by which he has surrounded himself, and
breaks through that arch of fraud and oppression of which hie
now is the key stone. That arch extends all over the State of
Texas, the material composing which are the Governor, the Secretary of State, the officers of the free school system, the district
j idges, many of the district attorneys, the Republican members
of the Twelfth Legislature, the Sheriffs of counties and their
deputies, the Mayors of cities and towns, the State and Special
police and the State Guard, the Superintendent of Immigration
and his sub-officers, and all. appointees of the Governor; and
these compose the great bulk of the white Republicans of the
State, and all are under and " subject to the sutpervisory control of
the Governor."
This is the Grand State Arch, of which the Governor is the
kev-stone. There is a less arch, of which the District Judges
are the key-stone; and still a lesser arch, of which the sheriffs
are the key-stone.  I exclude from this arch such appointees,,and such members of the Republican party only as can look
within, and who can, on a fair and honest examination, of their
aims and motives, say with truth, and in the fear of God, "I




146
amt onest, and not in league with the oppressors of the people of
Texas."  We know a very few who can do this, and it is refreshing to meet them. They are like oases in the boundless desert.
We might refer to a number of the Governor's proclamations,
declaring martial law, in various counties throughout the State,
(for he has very many) but it would be a repetition of the like
oppressions already cdetailed; and as our object is not to appeal
to the passion, but the reason of the reader, we will desist,
The Governor has no difficulty, through his police and State
Guard, in creating in any county or counties of the State, the
" certain contingency," upon which he will declare martial law.
-They can create such a contingency, if there be a necessity for it,
at any time and place, by killing one or more innocent citizens,
as they did in Limestone county; and by so doing they run no
risk of being punished in the courts-as they are now organized
and conducted.
The Governor's originators of martial law contingencies, were
it necessary, (if possible,) would originate a " contingency" in the
very Court of Iheaven.
We will now show the manner in which the Governor has
taken advantage of his declarations of martial law, in depriving
the people of their votes, and intend to deal fairly with him, but
speak the plain truth fearlessly. We will here insert the certificate of election, which the Governor gave Win. T. Clark:
"GOVERNOR's OFFICE, AUSTIN, November 15th, 1871.
This is to certify, that on comparison of return of votes cast
at an election held in the Third Congressional District of the
State of Texas, on the 3d, 4th, 5th and 6th of October, A. D.,
1871, I find that the Hon. Wm. T. Clark was duly elected to
represent the said Congressional District of the State of Texas,
in the Congress of the United States, for the term commencing on
the 4th day of March, 1871, and ending on the 4th day of March,
1873.




147
In giving this certificate, I wish to call attention to the attached certified statement of the votes cast in the Third District as
returned, with grounds for rejecting certain returns.  This is
explanatoiy of my reasons for giving the foregoing certificate of
election.  According to my opinion, the numerous irregularities
and instances of fraud and violence, during the election in the
Third District, reported and proved to my satisfaction, would
rather warrant a new election than giving the certificate to either
party. I have felt constrained, by my interpretation of the provisions of the State Constitution, on the subject of elections, to
reject many returns, and would have thought it more just to
regard the election as a nullity; yet the Act of Congress, of May
31st, 1870, Section 22, seems to require that I should give a cer.
tificate to one of the candidates.
In testimony whereof I have caused the great seal of the State
to be affixed, at the city of Austin, the date herein above written,
[Signed.]  EDMUN J. DAVIS,
By the Governor.             Governor.
J. E. OLDRIGHT, Acting Secretary of State.".This certificate holds the Governor up, between the people and
the sun, and enables them to look through him, and behold him
as he is.
lie says, first, in his certificate, that Win. T. Clark " was duly
elected."  Let us examine the import and meaning of this word
"du y."  It means "properly; fitly; regularly; at the proper
time."
Was Winm. T. Clark thus elected? Let the Governor's own
words condemn him:; According to my opinion the numerous
irregularities, and instances of fraud and violence, during the
election in the Third District, as reported an 1 proved to my satisfaction, would rather warrant a new election, than giving the
certificate to either party. I have felt constrained, by my in



148
terpretation of the provisions of the State Constitution, on the
subject of elections, to reject many returns, and would have
thought it more just, to regalrd the election as a nullity." What
have we here?  A Governor of a States giving a certificate of
election to a party whom he himself admits, from evidence lefore him which satisfies his mind, that his election was irregular,
fraudulent and accomplished by violence during the election;
and he claims, that by his interpretation of the Constitution of
this State, justice would have regarded " the election as a n'ullity."
And he perpetrates this self-admitted fraud, because "the Act
of Congress, of May 31st, 1870, Section 22, secetzs to require
him to give a certificate to one of the candidates.  Let the reader
ask the Governor if he did not help to make the State Constitution, and if he did not endeavor so to frame its provisions, as
that they should conform to the Constitution of the United States.
Ask him if the ratification of that Cornstitution by the Congress
of the United States, is not proof positive that its provisions
do conform to the Constitution of the United States. Then
ask him  if he has not taken the  double oath to  support
both constitutions.  How then could he be required to do an act
which he himself admits, is violative of both constitutions under
the pretext that an act of Congress "seemzned" to require it of him
If that act is violative of the Constitution of the United States,
and if the Constitution of Texas is in conformity with the Constitution of the United States, then that act could have had no
binding force upon the Governor.  He admits that he knew that
he was violating the Constitution and this act only "seemed" to
require him to do it. But we will givethe reader an opportunity
to examine the said 22d Section of the nct of Congress, of May
31st, 1870, and let him judge for himself what it "seemed" to
require the Governor to do; I will quote the whole Section just
as it reads, and give him the full benefit of his cloak, which will




149
prove to the Governor a Nestor's shirt.  Here it is: Section 22,
"And be it further enacted, that any officer of any election at
which any representative or delegate in the Congress of the
United States shall be voted for, whether such officer of election
shall be appointed or created by or under any law or authority
of the United States, or by or under any State, territorial, district, or municipal law or authority, who shall neglect or refuse
to perform any duty, in regard to such election, required of him
by any law of the United States, or of any State or Territory
thereof; or violate any duty so imposed, or knowingly do any
act thereby unauthorized, with intent to affect any Euch election,
or the result thereof, or fraudulently make any false certificate of
the result of such election in regard to such. representative or
delegate; or withhold, conceal, or destroy any certificate of record so required by law, respecting, concerning, or pertaining to
the election of any such representative or delegate; or neglect or
refuse to make and return the same as so required by law; or
aid, counsel, procure, or advise any voter, person or officer to do
any act, by this or any of the preceding sections, made a crime;
or to omit to do any duty, the omission of which is by this or
any other of said sections made a crime, or attempt to do so,
shall be deemed guilty of a crime and shall be liable to prosecution and punishment therefor, as provided in the nineteenth section of this Act, for persons guilty of any of any of the crimes
herein specified."  This Section of the Act defines the offences,
of any officer of election, and prescribes the punishment affixed
to the offences described in Section nineteenth of this Act. How'the Governor could have- concluded that this Section seemed to
require him to give a certificate to one of the candidates, we
cannot devise.  His office is not mentioned, nor does it prescribe
any duty, he is, or is not to do, unless by implication it makes it
his duty to see that his election officers, who managed the elec



150
tion and made the false returns, be punished as this Act prescribes, and we think this is plainly implied by said 22d Section.
But instead of doing this, he stands charged with a violation of
this very Section of the law, by indictment presented by the
Grand Jury for the Western District of Texas. These Grand
Jurors were all Republican save four. So the Governor is cut off
completely from the cry of Rebels and party persecution. The
honest men of -his own party will not join him in his frauds upon
the people, and have determined that law and justice shall once
more reign in Texas, and that the people shall be secured in their
right to vote. When that day arrives Texas will blossom like
a rose. The people are now sad, on account of these oppressions,
and on account of the false charges made against their loyalty to
the Government, but this cry we hope will soon loose its charm
The cry of " the church," " the church," " the church is in danger,'
is what kept alive so long the tortures of the Spanish inquisition,
and the fires of Smithfield were under the sacred name of religion;
hundreds and thousands of men, women and children were subjected to the torments of Hell itself. And in the name of Liberty the Governor.has attempted to enslave the people ofTexas,
has deprived them of their property, and in very many instances
thrown them into prisons and denied the rights secured to them
by the Constitution, and his evident object is to turn the Government into a Despotism. Let it be remembered that there are
only three sources from which governments have arisen, or ever
will rise:
1st, superstition; 2d, power; 3d, the common interest of society and the common rights of man. The destruction of governmen-ts emanates from the very same sources and no others.
This Government is sought to be destroyed by a union of the
two first, superstition and power.
When these two forces unite for the destruction of the Govern.
ment, based upon the common interest of soceity, it is high time




that freemen should look around them, and be fully prepared to
throw themselves in the way of the march of this combined power, which brings in its train only chains and slavery.
We will now insert in full " the attached certified statement of
the votes cast in the Third District, as returned," which the Governor appends to the certificate he gave to Wm. T. Clark. The
Governor, when he rejected the votes of the various counties contained in this statement, well knew that it was wrong, unjust,
wicked and fraudulent, and he had the evidence of this before
him:
Statement of the number of votes cast in the Third district for
condidates for Congress, at an election held therein, on the 3d,
4th, 5th and 6th of October, 1871:
-1     6
COUNTIES.        I                              REMARKIS.
-    _ _ ___________________.  _._             _  -   __ _        _ _
Austin.......  1,322  1,348     6
Bosque......    77    457 R........  ejected. No official returns were received
Brazoria.....   850    386     30
Brazos........1,050  1233........Rejected. The tickets were marked with
numbers, contrary to provisions of section
19, chapter:78, general laws, fall session
12th Legisiature, 1870, thereby operating
1 as a scrutiny -upon the votes and a restraint upon the freedom of voters. Further, that 49 of foreign birth, had been
permitted to register and vote without
egal proof of naturalization.
Burleson.....   478  829.
Falls..........   960   931.2
Fort Bend....  1,207    345........ Rejected. Acts of violence and intimidaFreestone....    780  1 147      tion and armed disturbance have been
shown to have materially interfered with
the purity and freedom of the election,
thereby preventing such a number of the
qualified electors therein from voting, as
would have changed the result of the
election in that county, if they had been
permitted freely to vote. Further, among
those who voted at that election, 163 persons had been permitted to register by,proxy, contratry to law.




152
Galveston...   304  1, 693    329
Grimes....... 1,698  1,293.......
Harris........   2033  1,621........    Six hundred and twenty-one voters reported as having been deterred from voting for W. T. Clark, as desired by them,
not counted, because though those names
appear on registration list and though it
is likely that some or all of them  desired
to vote as alleged, it is considered that
under the act of Congress, the, application
must come from the voters themselves,
and this they have not made.
Hill............   455    649.
Leon..........    598  1,027    1
Limestone...    28  1.153        1 Rejected. Reasons same as for Freestone,
Madison.....   161    429......except as regards the 163 votes.
Matago-rda...   304    151       3
McLennon...  1,162  1,520.........
Milam......... 299    976.........
Montgomery  543  596.
Navarro......    981  1, 000.
Rotertson.... 1,144  1,373      13
Walker.......   848    720     18 The votes received at the "White Man's"
Washington  2,535    11o.........]place of voting, at w hat was called'the
white man's ballot boxes," are rejected,
because two voting places are not allowed
by law, and because that box was not
presided over by even one lawful officer.
Also because 458 aliens were registered
on declaration of intention to become citizens, made by them in vacation, before
a clerk, and not in term time, before a
competent Court, of whom or nearly all
voted at what was called " the white
Man's box,' and for other sufficient causes. The votes cast at the lawful box are
Wharton.....`525      85       7 alone counted.
Total.   18,407...1,082    408
DEPARTMENT OF STATE,
AUSTIN, November 14th, 1871. 
J. E. Oldright, Acting Secretary of State, for the State of
Texas, hereby certifies that the  foregoing is a  true copy, taken
from  the records of this office, witness my hand and  official seal,
at office in city of Austin, the date above written.
J. E. OLDRIGIHT,
Acting Secretary of State.
This thing, for I know not what to call it, was the very thing
the Governor had-in his mind, when he wrote out, or had writ



153
ten out the act entitled "an act to provide for the mode and
manner of conducting elections, making returns, and for the protection and purity of the ballot-box," approved August 15th, 187  0.
Section 58, "the Governor shall have "supervisory control over all
electi ons,, *      *  *   *    "To *this and he shall have control over all sheriffs and all other peace officers. who shall obey
his orders &c.
Again sect. 52, "on the days of election he (the Governor)
shall have paramount charge and control of the peace and order
of the State, over all peace and police officers, and shall have the
command and direction in chief of all police officers by whomsoever appointed, and of all sheriffs and constables in their eapaca
ity of officers of the peace."
We will now review the Governor's attached statement.  He
puts Bosque county down seventy seven for Clark, and four
hundred and fifty seven for D. C. Giddings, opposite to these figures, he puts "rejected-No official returns were received."
Then what did the Governor reject? and where did the Goxv
ernor get his figures?
If the vote was not officially returned it was his duty to have it
officially returned, by the proper returning officer, else why the
necessity of giving him a "supervisory control" over all elections."
Did the Governor take the  "verbal statements of gentlemen of good repute, personally cognizant of the facts by them
stated? and upon this, throw  out the vote of Bosque county.
This is a "szuervisory control" over elections with a vengeance.
WVhy was the vote not returned?  He throws out the vote of
Bosque county, because, "the tickets -were marked with numbers
contrary to provisions of section 1.9 chapter 78, General Laws,
Fall session, 12th Legislature 1870.."
We will now see what power that section gives the Governor




154
to reject votes, because they are marked. We will quote this
section for the Governor's information, and future guidence, and
we hope he will read it. Sect. 19. "That upon the ticket of
each voter having the right to vote for only a portion of the officers to be elected at any election, one of the Judges of election
shall write one or all the words "State" "District" and "Congress" according as the voter of such ticket shall have the right
to vote for state and district officers, and members of congress,
or a portion of the same; and the name or names of no candidates, for any office or offices, other than those indicated by the
word or words written by the Judge of election on the ticket,
shall be considered or counted by the Judges of election. and
any Judge of election placing upon any ticket, any other word
or mark than that herein provided for, shall be deemed guilty of
a misdemeanor, and upon conviction thereof, shall be fined not
less than one hundred dollars, nor more than five hundred dollars."  We see nothing in this language to authorize the Governor to reject and refuse to count the votes of any county, for the
reason he assigns, or for, any reason he could or might assign;
nor does it authorize the Judges of election, to refuse to count
the votes, because the tickets are marked with numbers, nor because they have any other marks upon them. They may refuse
to consider or count, only, the votes for such candidates, whose
names may be placed on the tickets by the voters, which are not
designated by the words, "State" "District' and "Congress" or
one or more of them, placed on the ticket, by one of the Judges
of election. To illustrate, A's residence is Limestone county on
the day of the election he is in Brazos county, Limestone and
Brazos counties being in the same congressional district, he may
under the constitution and laws of the State of Texas, vote for
the candidate for congress in either, or in any county in the district. He hands his ticket to the Judge of election, and the
Judge writes across the back of it "congress."  But when the




155
Judges of election open this ticket and find that he has not only
voted for D. C. Giddings, candidate for congress in the 3rd Dis.
trict, but has also voted for B, for district attorney, and Lime.
stone county niot being in the same Judicial District with Brazos.
This 19th section makes it the duty of the Judges, to consider
and count his vote for the member of congress, because it is a legal vote, and to refuse to consider or count his vote for district
attorney, because it is an illegal vote, and it makes no difference
whether the illegal vote cast for the district attorney, was the result of inadvertence, or mistake, or fraud, for "the name or names
of no candidate or candidates for any office or offices, other than
those indicated by the word or words, written by the Judge of
election, on the ticket shall be considered or counted by the
Judges, of election," "and it must follow as the night the day"
that the name or names of the candidate or candidates for any
office or offices, indicated by the word or words written by the
Judge of election on the ticket, shall be considered, and counted.
The very section which the Governor quotes as his authority for
throwing out the votes of Brazos county, proves that in doing it
he perpetrated a base fraud, and violated the plain letter of the
law.
But he gives another reason for throwing out the vote of this
county,'further, forty-nine persons of foreign birth bad been
permitted to register and vote, without legal proof of naturalization."  If this be true it proves that he has placed officers as
registrars, and Judges of election, who are either too ignorant
to understand their duty, or too fraudulent and vile to do it.
But if this were true it by no means follows, that the entire
vote of the county should be rejected.
Can an illegal vote change the virtue of a legal vote, and make
it vicious, because it happens to be placed in the same box?
The Governor had just as well throw the vote out in the entire




156
4th congressional district, because there were forty-nine illegal
votes cast in Brazos county in the 3rd district.
The Governor throws out in Freestone county, Fourteen hundred and forty seven votes cast for D. C. Giddings, this he did
on the grounds of intrimidation, acts of violence and armed disturbance, which he says, had been shown to have materially interfered with the purity and the freedom of the election, thereby preventing such a number of qualified electors therein from
voting as would have changed the result of the election in that
county if they had been permitted freely to vote." The Governor well knew that no such facts existed in Freestone county,
and in order to give semblance of honesty to what he found it
necessary to do in order to give Wnm.. T. Clark the certificate of
election he declared martial-law in this county, and threw out
the vote. This we firmly believe from the facts, as we know
them to exist, and as we believe that he knew  them to exist.
He had been. canvassing that county for Clark, and had surveyed
the ground well, and knew that the majority on a fair and full
election, in that and Limestone county, would be overwhelming
for D' C. Giddings.
The Governor in his statement puts down the vote of Harris
county for W. T. Clark, two thousand snd thirty-three votes
for D. C. Giddings, one thousand six hundred and. twenty-one.
The governor does not write opposite of these figures, rejected
oh no! but says "six hundred and twenty one voters reported
as having been deterred from voting for W. T. Clark, as desired
by them, not counted, though those names appear on registration
list and though it is likely that some or all of them desired to
vote as alleged &c." The Governor says that these men were
deterred from voting, and gives as the evidence of this fact, that
their names were on the registration list, and because 621 names
were found on the registration who did not vote, therefore they




157
were deterred from voting., How monstrous! If the voters
themselves did not so state, and he says they did not, how was
it known for whom they would vote?
Again, how were they deterred? If by riot, tumult, acts of
violence, intimidation, armed disturbance, bribery or corrupt influence, the Governor, to be consistent, would have to throw out
the entire vote, for such he did in all those counties in which D.
C. Giddings had a majority. He here plainly shows the cloven
foot. In Limestone the vote stood Clark, twenty-eight; Giddings, one thousand, one hundred and fifty-three-'all rejected
by the Governor. We have fully shown that martial law was
the trick gotten up by the Governor and his officials, to throw
out this vote. Washington county gave Clark two thousand'
five hundred and thirty-five votes, and gave Giddings two thousand, three hundred and sixty eight. The Governor in his statement, puts down and counts for Clark the full two thousand, five
hundred and thirty-five votes, and rejects all the votes cast for
D. C. Giddings, except one hundred and ten, and gives as his
reason for doing so: " the votes received at the'white man's'
place of voting, at what was called the'white man's ballot
boxes,' are rejected, because two voting places are not allowed by
law."  Where did the Governor get this law from? May not two
boxes be at the same voting place? He does not say that these
two boxes were at two places, nor were they at two places, but
both were at the same voting place, one in one window of the
room where the election was held and the other in the other
window; this arrangement was made by the judges of election,
to facilitate voting. Two boxes at the same voting place, is a
very different thing from "two voting places."  Section 6, of the
election law, declares " All elections for State, District and county officers, shall be held at the county seats of the several counties, and the polls shall be open for four days, from eight o'clock,
A. M., until five o'clock, P. M., of each day, with an hour's re



158
cess from 12 M. to 1 o'clock, P. M." This section does not prohibit the use of two boxes, nor can the Governor conclude, because two boxes were used, that therefore the voting was carried
on at two places. If the election was held at the county seat of
Washington county, it complied with the requirements of the
statute, as to the place of holding elections.
But was there not an absolute necessity for -more than one
box, in order that all the electors should have time to vote? There
were four thousand, nine hundred and three (4,903) votes cast in
Washington county, and there was only thirty-two hours (32) to
cast them in, provided not an hour was lost. This makes eighteen hundred and twenty minutes. Two votes, on an average,
are as many as can possibly be deposited a minute. If two a
minute voted, only thirty-six hundred and forty, of the four
thousand, nine hundred and three, (4,903,) would have been
able to vote, leaving thirteen hundredand three (1,303) electors
who could not vote for want of time. Would this not have prevented, in the language of the law, " a fair, free, full vote of all
the qualified electors of said county?"  To show that not more
than two votes can be deposited in a minute, we need only point
out what the law requires the voters and judges of election to do:
By Section 13, the judge of election " shall have power to administer oaths and affirmations to persons offering to vote at any
election conducted by them, and to. examine such person, under
oath, touching their right to vote at such election." It will take
at least five minutes to administer the oath, ask the questions and
receive the answers of the applicant.
One of the judges of election keeps the record of registry of
names, another receives the vote~. The judge who keeps the
record is to look through the record and find the name of each
person offering to vote, and call out his name aloud, and mark
opposite his name, on the registration list, the letter V. By Section 19, where a voter has not the right to vote for all the officers




159
to be elected, the judge of the election is to write one or all the
words " State," " District," and " Congress," according as the vcter of such ticket shall have the right to vote for State or District' oflicers and members of Congress, or a portion of the same.
All this. takes time.
By Section 17th, the judge of election may require any person
offering to vote " to make oath and declare, he is the person to
whom was issued the registration certificate, or other paper upon
which he offers to vote, and that.he has not voted at any other poll
or voting place." This will take in each case five minutes. This
plainly shows that it was the sworn duty of the Governor, under
the laws and under the injunction of the Constitution, requiring
him to take care that the laws of the State be faithfully executed, to have himself provided the means which would have enabled every elector of Washington county, to have voted with
ease and convenience at the election.  This could only be done
by having two boxes opened at the same time and place. It is
not true, as the Governor intimates in his reason for rejecting the
votes cast for D. C. Giddings, in Washington county, that the
votes were cast at two different voting places, and if it be true
that the " white man's box" was not presided over by even one
lawful officer, it is his fault and not the fault of the people.  The
fact, if it be a fact, that the box was called the white man's box,
had nothing to do with the legality or illegality of the votes
which it contained, and his Excellency is welcome to all the capital he can make out of such slang.  Doubtless the freedmen did
call that the "white man's box," so they called all the tickets
which were printed on white paper "'-' the white man's tickets,"
and all the blue or green' the freedman's tickets."  If such
slang is a ground for throwing out tickets, every ticket in the
State would have been thrown out.
But -the Governor gives another reason for throwing out the
votes for D. C. Giddings. "Also because four hundred and fifty




160
eight aliens Were registered on declaration of intention of beeoming citizens, made by them in vacation, before a clerk, and not
in term time, before a competent court, of whom all or nearly
all, voted at what was called the white man's box,' and for other sufficient causes."  And, from this count determine whether
the Governor neglected the four hundred and fifty-eight, because
they were cast by persons improperly registered, on declaration
of intention to become citizens, because the declaration was made
in vacation, before a clerk, or because all or nearly all, "voted at
what was called the'white man's Box.' If the former, it matters not what box they were placed in, if that made them illegal
they ought not to have been counted, even, had they been deposited in what was called, "the Black man's box." But what
does the law say upon this subject of foreigners or aliens making
declaration of intention before clerks? Act of Congress of the
United States, approved 26th May, A. D. 1824, section two reads:
"No certificates of citizenship or naturalization heretofore obtained from any court of record within the United States, shall be
deemed invalid in consequence of an omission to comply with
the requisition of the first section of the act entitled "an act relative to evidence in cases of naturalization, passed the 22nd day
of March one thousand eight hundred and sixteen.
Section third (3rd) of the same act, entitled "an act in further
addition to "an act to establish an uniform rule of naturalization
and to repeal the acts heretofore passed on that subject."
"The declaration required by the first condition specified in
the first section of the act to which this is an addition, shall if
the same has been bona fide made before the clerk of either of the
courtslin the said condition named, be as valid as if it had been
made   before  the  said  courts  respectively."   This  act
"seems to require that" the Governor should not have thrown these
votes out, because the declaration of becoming a citizen was




made before a clerk, and not "before a competent court." It
would have been much better for the Governor had he never
given any reason for throwing the votes for Giddings out. For
his reasons condemn him, whether you apply them to the facts
or to the law. I will now inform the Governor that in Grimes
county there were two boxes run during the whole election, on
every day of the election, and the boxes were not even in the
same room of the courthouse. and one of the boxes was called
"the white man's box" too; not only so the Registrar appointed
by the Governor for Grimes county, Mr. R. N. Mills who managed the box at which the freedmen voted, would not let a white
man vote at that box, or stand about it. Mr. Mangrum and Mr.
Black superintended "the white man's box," and no negroes were
allowed by them to vote at that box. Why did not the Governor throw out this vote, the answer is evident, Grimes gave
Clark as returned, one thousand six hundred and ninety eight
votes, and D. C. Giddings only one thousand two hundred and
ninety three.'Now if the votes cast in Washington county were
illegal because they were put in the box called. "the white man's
box," would the votes cast in Grimes county by the same purity
of reasoning, not be illegal, which were placed in the box called
"the negroe's box," or is that the "one place provided by law?"
The certificate of election which the Governor gave W. T.
Clark, instead of beingprimafacie evidence of his election, and
right to the seat in Congress, contains within itself the proof that
D. C. Giddings was duly elected to Congress by a majority of the
votes of the qualified electors of the third congressional district
of the State of Texas. Governor Davis is the lion of this house
of corruption, when he comes forth, shakes his manes, and roars,
his voice is heard from one end of the State to the other, and
his officials tremble at the sound thereof, and stand ready to do
any thing he may command.




162
"Why man, he doth bestride the narrow world,
Like a Collossus, and we petty men
Walk under his large legs, and peep about
To find ourselves dishonorable graves.
Men at some time, are masters of thei r fates i
The fault, dear Brutus, is not in our stars
But in ourselves that we are underlings
Now in the names of all. the gods at once.
Upon what meat doth this our Caesar feed
That he is grown so great? Age, thou art shamed,
Rome, thou hast lost the breed of noble bloods,
When went there by an age, since the great flood,
But it was famed, with more than with one man
When could they say, till now, that talked of Rome,
That her wide walks encompass'd but one man 9
Now is it Rome indeed, and room enough,
When there is in it but one only man."
THE END.