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Full text of "History of Texas : from 1685 to 1892, volume 2"

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HISTORY OF TEXAS, 



PROM lOSS TO 1892. 



(IN TWO VOLUMES.) 



JOHN HENRY BROWN 



VOLUME TWO. 



AUTHOR OF "TWO YEARS IN MEXICO," "EARLY LIFE IN THE 

SOUTHWEST," " THE LIFE AND TIMES OF HENRY SMITH, 

THE FIRST AMERICAN GOVERNOR OF TEXAS," 

"THE INDIAN WARS AND PIONEERS OF 

TEXAS," ETC., ETC. 



L. E. DANIELL, Publisher. 

Printed by BECKTOLD & CO. 

St. Louis. 



Entered according to the Act of Congress in the year 1893, by 

JOHN HENRY BROWN, 

In the office of the Librarian, at Washington, D. C. 



CHAPTEE I. 

Santa Anna's March to the East — He crosses the Colorado and Brazos — 
Gen. Houston also crosses the Brazos — Events preceding San Jacinto 
and the Results. 

With the foregoing explanation we now proceed with the 
narration of subsequent events. 

The most authentic information as to the plans and move- 
ments of Santa Anna after the fall of the Alamo on the 6th, 
at least from a Mexican stand-point, was given in a pamphlet 
published after his return to the city of Mexico, later in the 
same year, by General Vicente Filisola, second in rank to 
Santa Anna, and, after the capture of the latter, chief com- 
mander of the Mexican forces. He asserts that after the 
successes at San Patricio and the Agua Dulce (sweet water) 
and the fall of the Alamo shortly after, Santa Anna was 
greatly elated and convinced that the contest was virtually at 
an end, and that little else remained for him to do than to 
overrun and hold the country by sending troops to the chief 
points, as far as the eastern border and establishing garrisons 
thereon. On the 11th of March, Santa Anna dispatched 
General Eamirez v Sesma and Adrain Woll, with seven 
hundred and twenty-five men, to pass by Gonzales to San 
Felipe and thence to Harrisburg and Anahuac. This force 
was made up of the battalions of Aldama, Matamoros and 
Toluca, having two six-pounders and forty dragoons from the 
regiment of Dolores. On the same day he ordered Colonel 
Juan Morales to march for Goliad, to co-operate with Urrea, 
advancing from Matamoros, with the battalions of Ximenes 
(He-ma-nes) and San Luis, one twelve and one eight-pounder 
and one mortar. Learning from Ramirez y Sesma that 
General Houston would dispute the passage of the Colorado, 

(3) 



4 HISTORY OF TEXAS. 

and from Urrea, en route from San Patricio, that Goliad was 
fortified and defended by five hundred men and fourteen 
pieces of artillery, he dispatched General Tolsa to re-inforce 
Ramirez with the battalion of Guerrero, the first battalion of 
Mexico and forty dragoons of Tampico. He also sent to 
Urrea, Colonel Cayetano Montoya, with the regular militia 
from Queretaro and Tres Villas, with a twelve-pounder. 

The sanguine expectations of easy triumph entertained by 
Santa Anna were greatly strengthened when, on the 22d, he 
was advised of the surrender of Fannin at Encinal del Per- 
dido. On the 24th he ordered General Gaona, with 725 men, 
to Nacogdoches, via Bastrop and the old road. His force 
consisted of troops from Morelos and Guanajuato, twenty-four 
dragoons, fifty convicts and two four-pounders. 

Filisola says that the confidence of Santa Anna was so 
great in the practical close of the contest, that these disposi- 
tions were made for permanent occupation of the country ; 
and that he actually made preparations to return to the capi- 
tal, with a portion of his force, leaving Filisola in chief 
command to perfect the occupation of Texas. 

On the 25th of March, Santa Anna ordered Urrea (whose 
force consisted then of probably from 1,800 to 2,000 men) to 
scour all the country from Victoria to Galveston; and en- 
joined "that under his most strict responsibility, he should 
fulfill the orders of the government, shooting all the prisoners ; 
and as regards those lately captured (the 409 under Fannin) 
he (Santa Anna) should order the commandant of Goliad to 
execute them — the same instructions being given to Eamirez y 
Sesma and Gaona with respect to all found with arms in their 
liands and to force those who had not taken up arms to leave 
the country." 1 

1 This was in fulfillment of the design formed on the return of Almonte 
from his visit to Texas in 1834, viz. : to rid the country to a large extent of 
its American population, stop further immigration and colonize the country 
with Mexicans, retired officers, soldiers and convicts. 



HISTORY OF TEXAS. 

While in this mood Santa Anna also issued an order that 
the whole brigade of cavalry, under General Anclrade, with 
all the artillery at headquarters and a large amount of prop- 
erty, should be put in readiness to leave San Antonio, on the 
first of April, for San Luis Potosi. But his infatuation was 
of short duration. Filisola, through Almonte, the confiden- 
tial aide of the chief, remonstrated in urgent terms, against 
such of these orders as assumed decisive victory to have been 
won. A communication from Eamirez y Sesma, from the 
Navidad, on the 15th, so strengthened the position of Fili- 
sola, that Santa Anna abandoned his intention of returning 
home and countermanded the order for the return of Andrade, 
the dragoons and the artillery. He issued new orders com- 
manding (iaona to abandon his march for Nacogdoches and 
to move from Bastrop on San Felipe, on the line of Ramirez. 
He directed Urrea to pass the Colorado at Matagorda and 
advance upon Brazoria; and resolved to command the main, 
central, column in person. On the 29th he dispatched Colonel 
Amat in advance on the road to Gonzales en route via Beason's 
on the Colorado, to San Felipe, with the battalion of zapadores 
(sappers) and the battalion of Guadalajara, with two eight- 
pounders, two four-pounders and a howitzer. Santa Anna and 
Filisola, with their staffs, escorts, etc., followed on the 31st. 

Ramirez y Sesma was in command of the most advanced 
column, on the Navidad, about thirty miles west of the Col- 
orado, on the 20th. Thus is presented the positions of the 
various wings of the Mexican army at different points from 
the 21st to the 31st of March. 

Between the 17th and the 20th, General Houston moved 
down the Colorado, on the east side, from Burnham's to Bea- 
son's, the latter being a few miles below the present town of 
Columbus. Ramirez y Sesma, although he reported to Santa 
Anna on the 15th, that he was on the Colorado, was in fact 
on Rocky Creek, a tributary of the Navidad and fully twenty 
miles west of the Colorado. 



b HISTORY OF TEXAS. 

March 20th, Houston's scouts, under Captain Henry W. 
Karnes, defeated the scouts of Sesma on Rocky Creek, killing 
one and capturing another. The scouts of Houston, under 
Karnes, within two or three days, had several successful 
skirmishes with those of Sesma. 

On the 22d Captain Henry Teal joined Houston with a 
company of regulars ; and on the 23d some munitions and 
supplies were received. On the same day Eamirez y Sesma 
approached and encamped within three or four miles of the 
Colorado River. 

In a letter to General Rusk, first Secretary of War (newly 
elected) on the 23d, General Houston explains the situation. 
He says : " For forty-eight hours I have not eaten an ounce, 
nor have I slept. I have had no aid or assistance but from 
my friend Hockley, who now fills your former station/' He 
complains of the deserters who left the camp and spread con- 
sternation as they traveled east, and he deplores the retirement 
of the new government from Washington to Harrisburg, as 
calculated to increase the panic. 

Satisfied that Santa Anna's main army would follow Ra- 
mirez y Sesma on the central line, General Houston fell back 
to the Brazos and encamped on Mill Creek, above San Felipe, 
from which, on the 29th of March, he wrote Secretary Rusk 
saying: " On my arrival on the Brazos, had I consulted the 
wishes of all, I should have been like the ass between two 
stacks of hay. Mauy wished me to go below, others above. 
I consulted none — held no councils of war. If I err, the 
blame is mine. I find Colonel George W. Hockley, of my 
staff, a sage counsellor and true friend. My staff are all 
worthy, and merit well of me. There was on yesterday, I 
understand, much discontent in the lines, because I would not 
fall down the river. If it should be wise for me to do so, I 
can cross the river at any time and fall down to greater ad- 
vantage and with greater safety. * * * I hope to-day to 
receive ninety men from the Red-lands. I cannot now tell my 



HISTORY OF TEXAS. 7 

force, but will soon be able. The enemy must be crippled by 
the fights they have had with our men. I have ordered D. C. 
Barrett and Edward Gritten to be arrested and held subject to 
the future order of the government. I do think they ought 
to be detained and tried as traitors and spies. For Heaven's 
sake do not drop back again with the seat of government. 1 
Your removal to Harrisburg has done more to increase the 
panic than anything else that has occurred in Texas, except 
the fall of the Alamo. Send fifty agents, if need be, to the 
United States. Wharton writes me from Nashville, that the 
ladies of that place have fitted out, at their own expense, no 
less than two hundred men. If matters press upon us, for 
God's sake let the troops land at Galveston Bay, and by land 
reach the Brazos. Let no troops march with baggage wagons 
or wagons of any kind." 

From his camp on the Brazos on the 31st, General Houston 
wrote Secretary Eusk as follows: "The enemy could have 
been beaten at the Colorado. My intention was to have 
attacked him on the second night after the day on which 
Fannin's destruction was reported by (Peter) Kerr, but for 
that news and the march of strong re-inforcements, probably 
arriving that night to the enemy. Previous to that the troops 
were in fine spirits, and keen for action. * * * I have 
somewhere between seven and eight hundred effective men. 
Two nights since, when it was reported that the enemy were 
on this side of the Colorado, the people of San Felipe re- 
duced it to ashes. There was no order from me for it." 

At this time, Colonel Burleson, Colonel Sherman, Don 
Lorenzo de Zavala and Colonel Mirabeau B. Lamar were with 

1 President Burnet's object in locating the government temporarily at 
Harrisburg, as stated by himself, was to be at the most accessible interior 
point of navigation, in order that supplies and men could be received from 
New Orleans and communication kept open with the United States — 
reasons potential in themselves — yet the effect seems to have been depress- 
ing in the interior. Beyond this effect, the movement seems to have been a 
judicious one. 



8 HISTORY OF TEXAS. 

General Houston. In Erastus (Deaf) Smith and Captain 
Henry W. Karnes, Houston had efficient and daring scouts. 

General Eusk, Secretary of War, on the 6th of April, 
joined General Houston on the west bank of the Brazos and 
remained with the army, David Thomas acting as Secretary 
of War, pro tern. 

On the 12fch and 13th, by means of a yawl and the steam- 
boat Yellowstone, General Houston crossed from the west 
to the east side of the Brazos, which was very high and diffi- 
cult of passage, and pitched camp at Groce's Ketreat, near 
the present town of Hempstead. On the 13th he wrote 
Acting Secretary of War David Thomas, as follows : " Taunts 
and suggestions have been gratuitously tendered me ; and I 
have submitted to them without any disposition to retort 
either by unkindness or imputation. What has been my 
situation ? At Gonzales I had three hundred and seventy-four 
efficient men, without supplies, not even powder, balls or 
arms; at Colorado, seven hundred men, without discipline or 
time to organize the army. Two days since, my effective 
force in camp was five hundred and twenty-three men 
(aggregate). I had authorized Captain Martin (opposite 
Fort Bend) to detain a force of at least two hundred men. 
I had sent to the bottom, opposite San Felipe (under Capt. 
Mosely Baker) one hundred and fifty men, and had reason to 
expect that the attack would be made and an effort made to 
cross the river at San Felipe, or at the point at which I was, 
as the prairie at the latter point approached nearer the river, 
and the bottom was better than any other on the river. 
The cannonade was kept up at San Felipe until yesterday 
morning, and as the river was very high and it was reported 
to me that the enemy were preparing rafts at that point, 
I had every reason to suppose that they intended to cross 
there if possible." 

That the enemy did not cross the river at San Felipe is 
owing to the deadly fire from Baker and his gallant riflemen 



HISTOEY OF TEXAS. 9 

from the opposite bank. This caused them to move thirty 
miles below to Fort Bend, now Eichmond. General Houston 
in the same letter says : " It was impossible to guard all the 
river passes for one hundred miles, and at once concentrate 
the force so as to guard any one point effectually, unless 
where the main body might be stationed. An invading army 
marches with everything necessary to conquest. I could at 
once have fallen back on Harrisburg, but a wish to allay the 
panic that prevailed induced me to stop at the Brazos, con- 
trary to my views of military operations. I had assurances of 
re-inforcements by remaining on the Brazos of which I will say 
nothing at present. When I assured the department that the 
enemy should not pass the Brazos, I did not intend to convey 
the idea that the army or myself possessed the powers of ubi- 
quity ; but that they should not pass through my encampment. ' ' 

On the 11th the General ordered all the troops at Washing- 
ton and above that place to join him by forced marches and 
on the 12th he directed those below to do likewise. 

Santa Anna reached Gonzales on the second of April. The 
river was swollen, involving the necessity of crossing on a 
raft. Leaving Filisola to cross the main body as rapidly as 
possible, Santa Anna with Almonte and his staff, and a strong 
escort on the 3d, continued on the route and arrived at the 
Atascosita crossing of the Colorado on the 5th. On the 6th, 
with the divisions of Eamirez y Sesma and Tolsa, he moved 
towards San Felipe, reaching that place on the 7th. General 
Woll, with a battalion, was left at the Colorado to construct 
rafts for the passage of Filisola and the main body of the 
troops with him. 

It should be stated also that General Andrade, with a lim- 
ited force, had been left in command of San Antonio and 
never came east of that place. 

The swollen condition of the Brazos and the unknown 
strength of Baker's party opposite San Felipe, caused Santa 
Anna to abandon his design of crossing there. 



10 HISTORY OF TEXAS. 

From Almonte's journal it is shown that on the 9th Santa 
Anna took the choice companies of Guerrero, Matamoros, 
Mexico and Toluca and fifty of the Tampico cavalry and 
moved down the country in search of a crossing over the 
river. He took the road leading to and down the San 
Bernard. On the 10th, on a farm at the Fort Bend and 
Egypt crossing of the Bernard, they found twenty barrels of 
sugar and five hundred fanegas (1,250 bushels) of corn. 
Thence, learning there was a small force (under Captain 
Wylie Martin) at Fort Bend on the old Fort road, they took 
the road to that place. At half-past 9 p. m. they halted, 
but at 2 a. m. they renewed the march " on foot," as 
Almonte states, " from the President down to the soldiers, 
leaving the baggage and cavalry for the purpose of surprising 
the enemy (who defended the crossing) before daylight. We 
did not succeed, as we found the distance double what we 
supposed it to be. Day broke upon us at a quarter of a 
league from the ferry and frustrated our plan. We then 
placed the men in ambush." 

On the 11th they were still in ambush, when a passing 
negro, from the east side, was captured. He conducted 
them to the canoe in which he had crossed, a little below the 
ferry, in which, unperceived, they crossed, by which time the 
cavalry arrived and took possession of the houses. Martin, 
however, had previously crossed to the east side and kept up 
a fire at the Mexicans till the Cazadores under Bringas crossed 
at the lower ford, and were about to assail him in the rear. 
He then retired. An order was at once sent to Kamirez y 
Sesma' to join Santa Anna. On the 12th Santa Anna wrote 
Urrea at Matagorda, repaired the boats, took possession of 
Thompson's ferry, a little above, and received dispatches from 
Kamirez and from Victoria. On the 13th Ramirez arrived 
with his division. "Many articles were found," and dis- 
patches arrived from both Filisola and Urrea. 

" On the 14th," says Almonte, " we crossed the river early 



HISTORY OF TEXAS. 11 

with our beds only, and provisions for the road. At three in 
the afternoon, we started from Thompson's ferry." His 
notes state that they arrived at Harrisburg on the 15th and 
Lynchburg on the 16th. In this movement Santa Anna had 
with him between eleven and twelve hundred men, re-inforced 
on the morning of the battle (the 21st) by Cos, with five 
hundred more. 

Within a day or two after Santa Anna left Fort Bend, on 
the 14th, Filisola, with the main army, arrived there and 
assumed command. General Gaona, having come by way of 
Bastrop, had joined him. Woll remained with a few hundred 
men at the Atascosita crossing of the Colorado and a small 
force of observation remained at San Felipe. 

Urrea had left a battalion under Colonel Alcerrica, at 
Matagorda, and with his chief force (probably twelve hun- 
dred men), was approaching Filisola by way of Brazoria, and 
Filisola states he had under him (after all the re-inforcements 
had gone to Santa Anna) four thousand and seventy-eight 
men. 

The following constituted the strength of the Mexican army 
of operations : 

Under Filisola 4,078 men. 

" Santa Anna 1,600 

" Woll, at the Colorado 400 

" Alcerrica, at Matagorda 200 

" Andrade, at San Antonio 400 

At Victoria 150 

At Goliad 150 

Various small bodies 500 



Total 7,478 men. 

This is % believed to have been very nearly the strength of 
the Mexican army when Santa Anna left the Brazos on the 
14th of April, after a loss in killed and wounded at the Alamo, 
Goliad, Refugio and elsewhere of about fourteen hundred 



12 HISTORY OF TEXAS. 

and fifty, showing his original force to have been about nine 
thousand. 

As soon as General Houston learned that Santa Anna held 
both banks of the Brazos, he realized the condition existed 
for which he had hoped — a condition that would enable him 
to fight and whip the enemy in detail, far from his base of 
supplies, in a country where defeat would be crushing. 
Houston had improved the delay by organizing his forces 
into regiments commanded respectively by Colonels Edward 
Burleson and Sidney Sherman; Lieutenant-Colonel Millard, 
who commanded the infantry proper, Captain Henry W. 
Karnes, of the cavalry, and Captain Jsaac N. Moreland of the 
artillery. He had received various supplies of ammunition, 
munitions and re-inforcements ; but was sorely disappointed 
at the meagerness of the latter largely caused by apprehension 
of Indian uprisings in east Texas. This delayed the coming 
of several hundred men. The General also complained in 
repeated communications that refugees from his camp, flying 
to the east, had spread consternation throughout the country. 
He also felt great anxiety in regard to a disaffected, or tory, 
element east of the lower Trinity and dreaded their commu- 
nication with the enemy. 

On the 15th he ordered Captain Wylie Martin, who had 
retired from Fort Bend before the Mexicans, after a gallant 
defense, to conduct the fleeing families to Bobbins' ferry on 
the Trinity; and on the same day took up the line of march 
from Donoho's in the vicinity of the present town of Hemp- 
stead, for Harrisburg, on Buffalo Bayou. The whole country 
was flooded with the waters of overflowed streams — from 
which the Mexicans suffered in common with the Texians — 
and travel over all the coast country was exceedingly difficult. 
It was especially so on the route selected by General Houston, 
the soil partaking of the nature of quicksand, and containing 
many quagmires, or in Texas parlance "boggy" places. 
Just before starting, a negro prisoner arrived in camp, bear- 



HISTORY OF TEXAS. 13 

ing a message from Santa Anna to General Houston, saying: 
" Tell Mr. Houston that I know where he is, up there in the 
bushes; and as soon as I whip the land thieves down here, I 
will go up there and smoke him out." General Houston also 
sent on the same day, Captain Jacob H. Sheppard to have a 
talk with the Cooshatties, on the Trinity, and secure their 
neutrality, if not their aid. He succeeded in the former 
with a partial promise of the latter, doubtless with a mental 
reservation to wait and declare for the victors, which they 
did. On leaving, Captain Sheppard asked: " Where shall I 
find you, General? " To which the latter replied : " Tell all 
the people you see, Captain, that I am determined to fight at the 
first chance ; and if I should meet with a reverse I will be 
sure to make noise enough for you and the Indians to follow 
me." 1 

General Houston crossed the prairie on the 15th and en- 
camped at the ranch of Mrs. McCurley, at the edge of the tim- 
ber, on Spring Creek. By a forced march the army reached the 
east side of Buffalo Bayou, opposite Harrisburg, about noon 
on the 18th. It must be understood that from the course of 
that stream,. from northwest to southeast, the lines of march 
of Houston and Santa Anna threw them on opposite sides. 
There Houston rested till the next day. Karnes and Deaf 
Smith were sent across to reconnoitre. President Burnet 
and the cabinet, on the approach of Santa Anna, sailed down 
to Galveston Island, narrowly escaping capture at Morgan's 
Point, where several volleys were fired into the little boat, in 
which were also Mrs. Burnet and her two little children. 

About dark Smith returned with two prisoners, one a scout 
and the other a bearer of dispatches from Filisola to Santa 
Anna. This was a most opportune capture, giving General 
Houston his first information that the Mexicans had been at 
and burned Harrisburg, that they had gone down the west 

1 This is from Captain Sheppard's written statement. 



14 HISTORY OF TEXAS. 

side of the bayou and the San Jacinto, into which the bayou 
emptied, and Galveston Bay, into which the San Jacinto emp- 
tied, all within the compass of a few miles ; and, above all, 
that Santa Anna in person was in command of this advanced 
division of the Mexican army. General Houston's most earn- 
est desires could not have been more fully gratified than by 
these revelations. He well knew that in passing down Santa 
Anna had been compelled to pass Vince's bridge, over Vince's 
bayou ; that the maintenance of the bridge was necessary to 
communication with Filisola at Fort Bend, and that in case 
of defeat, that bridge would furnish the only avenue of escape 
for the Mexicans. 

On receipt of this gratifying intelligence, General Houston 
at once determined to cross the bayou early next day and seek 
Santa Anna below. His orders were issued accordingly, in- 
cluding the preparation of rations for three days, and the 
repairs of a boat two miles below. 

On the morning of the 19th the troops were paraded and 
General Houston addressed them in perhaps the most elo- 
quent and soul-stirring speech of his life. He concealed noth- 
ing. He told them where the Mexicans were, and that Santa 
Anna was in command; that they would now cross the bayou 
and confront him, whether two or five to one; and declared 
that the time had come when they would take the hazards and 
trust in the God of battles. He said that if any were present 
who shrank from this issue, they need not cross the bayou. 
He said that some must perish, but it was glorious to fall in 
such a cause, and that their slogan would be: "Kemeinber 
the Alamo! Kemember Goliad!" and their motto: " Vic- 
tory or death," for there would be no chance of retreat. 
But, said he, " There will be no defeat ! Victory is as certain 
as God reigns. I feel the inspiration in every fiber of my 
being. Trust in the God of the just and fear not ! " 1 



1 Lying on my blanket at the foot of the San Marcos mountains, in June, 
1841, with Judge Patrick Usher and John S. Menefee, both of whom heard 
this speech, and surrounded by several older men, Judge Usher described 



HISTORY OF TEXAS. 15 

General Rusk, Secretary of War, followed General Houston 
in a burst of eloquence that added intensity to the resolve of 
the men to triumph or perish. 

Not a man able to walk but clamored to cross the bayou, 
and sick men wept at being left. To secure sufficient men to 
guard the camp and take care of the sick and the munitions of 
war, a draft had to be resorted to. In no other way could a 
guard be obtained, and every man so left felt personally 
aggrieved. They were as truly heroes as their more fortunate 
fellows who participated in the battle. 

The main body of the army crossed the bayou two miles 
below Harrisburg, during the forenoon of the 19th, and con- 
tinued the march through the succeeding night till a late hour, 
when a halt was called for a short time for rest. Houston, 
buoyed by the zeal of his men, was searching for Santa 
Anna, to fight him before the main body, under Filisola, 
could re-inforce him. It was the golden opportunity for 
which he, keeping his own counsel, had hoped and maneuvered. 
His correspondence with those at a distance establishes this 
fact. This letter, written before he crossed the bayou, re- 
veals his purposes : 

" Camp at Harrisburg, April 19, 1836." 
" To Henry Ha guet, Nacogdoches: 

" This morning we are in preparation to meet Santa Anna. 
It is the only chance for saving Texas. From time to time 

this scene to the writer, saying: "I had been impatient for two weeks — 
weary of wading through mud and water — often hungry and sometimes mad, 
but, while General Houston spoke and towered with constantly ascending 
eloquence and earnestness, I was reminded of the halo encircling the brow 
of our Savior; and in concluding, had he personally called upon me to jump 
into the whirlpool of Niagara as the only means of saving Texas I would 
have made the leap." This noble son of North Carolina died as one of the 
Mier men in the prison of Perote. John S. Menefee fully agreed with Judge 
Usher in his eulogy on this address, upon which Captain Thomas Simons, 
of Texana, sprang to his fleet exclaiming: " A hundred men have described 
that address to me, I would give a league of land if, by so doing, I could say 
that I heard it." 



16 HISTORY OF TEXAS. 

I have looked for re-inforcements in vain. The government 
adjourning to Harrisburg, struck panic throughout the 
country. Texas could have started at least four thousand 
men. We have only seven hundred (accurately 783) to 
march with, beside the camp guard. We go to conquer. It 
is wisdom growing out of necessity, to meet and fight the 
enemy now. Every consideration enforces it. No previous 
occasion would justify it. The troops are in fine spirits and 
now is the time for action. Adjutant-General John A. 
Wharton, Inspector-General George W. Hockley, Aides-de- 
camp Alexander Hortou, William H. Patton and James 
Coliinsworth, and Major Cook, Assistant Inspector-General, 
will be with me. 

" We shall use our best efforts to fight the enemy to such 
advantage as will insure victory, though the odds are greatly 
against us. I leave the results in the hands of a wise God, 
and rely upon His Providence. 

" My country will do justice to those who serve her. The 
rights for which we fight will be rescued and Texas free. 

" Colonel Kusk (Secretary of War) is in the field. 

" Sam Houston, Commander-in-Chief." 

This was the last communication written by General 
Houston before the battle of San Jacinto. 



CHAPTER II. 



The Great Day of San Jacinto — An Unparalleled Victory — Capture of 
Santa Anna — Houston's Official Report. 



Consider the mighty issues at stake. Around Houston 
gathered the hopes and fears of the whole American popula- 
tion west of the Trinity (twenty-five thousand souls, chiefly 
old men, women and children), and of the refugees east of that 
river who had fled from their homes in wild confusion and left 
them at the mercy of an insatiate enemy. The country for 
two hundred miles was reduced to a primeval wilderness. 
Many of those who inhabited the western portion were with- 
out means of escape. Among the number were many of the 
Irish families of Refugio and San Patricio, still weeping and 
wailing for their sons and brothers who had been massacred 
with Fannin. 1 



1 A young "mother, refined, accomplished and abounding in patriotism, 
whose first-born came into being in Victoria, in the same hour independence 
was declared in Washington, lay in a Mexican rancho on the Garicitas, 
solaced only by her husband's young sister and the kind-hearted family of 
De Leon, her husband having fled across the bayou amid a shower of balls 
from the advancing Mexicans. I refer to the wife, sister and first-born 
child of John J. Linn. Fate unavoidably threw another young couple into 
the recesses of a cane-brake, near Fort Bend on the Brazos, whence it was 
impossible for them to escape, with every path occupied or picketed by the 
enemy. There, in that wild retreat, with wild beasts for neighbors, and a 
negro boy for a companion, their first-born came into the world. That 
young father was Francis Menefee White, afterwards a well-known legisla- 
tor and commissioner of the general land office, and yet living in Jackson 
County. His wife had been Miss McNutt, who did not many years survive 
the remarkable ordeal through which she had passed. 

2 (17) 



18 HISTORY OF TEXAS. 



THE BATTLE OF SAN JACINTO. 

The official report of General Houston is graphic and clear 
as to the chief events of the 19th, 20th and 21st of April. 
It is therefore inserted here: 

Headquarters of the Army, > 
San Jacinto, April 25, 1836. 5 

" To His Excellency David G. Burnet, President of the 
Republic of Texas : 

" Sir : I regret extremely that my situation, since the battle 
of the 21st, has been such as to prevent my rendering you my 
official report of the same, previous to this time. 

" I have the honor to inform you, that on the evening of 
the 18th inst., after a forced march of fifty-five miles, which 
was effected in two days and a half, the army arrived oppo- 
site Harrisburg. That evening a courier of the enemy was 
taken, from whom I learned that General Santa Anna, with 
one division of choice troops, had marched in the direction of 
Lynch' s ferry on the San Jacinto, burning Harrisburg as he 
passed down. The army was ordered to be in readiness to 
march early on the next morning. The main body effected 
a crossing over Buffalo Bayou, below Harrisburg, on the 
morning of the 19th, having left the baggage, the sick and 
a sufficient camp guard in the rear. We continued the march 
throughout the night, making but one halt in the prairie for 
a short time, and without refreshments. At daylight we 
resumed the line of march, and in a short distance our scouts 
encountered those of the enemy, and we received information 
that General Santa Anna was at New Washington, and would 
that day take up the line of march for Anahuac, crossing at 
Lynch' s ferry. The Texian army halted within half a mile 
of the ferry in some timber and were engaged in slaughtering 
beeves, when the army of Santa Anna was discovered to be ap- 



HISTORY OF TEXAS. 19 

proaching in battle array, having been encamped at Clopper's 
Point, eight miles below. Disposition was immediately made of 
our forces, and preparation for his reception. He took posi- 
tion with his infantry and artillery in the center, occupying an 
island of timber, his cavalry covering the left flank. The 
artillery, consisting of one double fortified medium brass 
twelve-pounder, then opened on our encampment. The infan- 
try, in column, advanced with the design of charging our lines 
but were repulsed by a discharge of grape and canister from our 
artillery, consisting of two six-pounders. The enemy had oc- 
cupied a piece of timber within rifle shot of the left wing of our 
army, from which an occasional interchange of small-arms 
took place between the troops, until the enemy withdrew to a 
position on the bank of the San Jacinto, about three-quarters 
of a mile from our encampment, and commenced fortifica- 
tions. A short time before sunset, our mounted men, about 
eighty-five in number, under the special command of Colonel 
Sherman, marched out for the purpose of reconnoitering the 
enemy. Whilst advancing they received a volley from the left 
of the enemy's infantry, and after a sharp rencounter with 
their cavalry, in which ours acted extremely well and per- 
formed some feats of daring chivalry, they retired in good 
order, having had two men severely wounded and several 
horses killed. In the meantime, the infantry under the com- 
mand of Lieutenant-Colonel Millard, and Colonel Burleson's 
regiment with the artillery, had marched out for the purpose 
of covering the retreat of the cavalry, if necessary. All then 
fell back in good order to our encampment about sunset, and 
remained without any ostensible action until the 21st, at half- 
past three o'clock, taking the first refreshment that they had 
enjoyed for two days. The enemy in the meantime extended 
the right flank of their infantry so as to occupy the extreme 
point of a skirt of timber on the bank of the San Jacinto, 
and secured their left by a fortification about five feet high, 
constructed of packs and baggage, leaving an opening in the 



20 HISTORY OF TEXAS. 

center of the breast- work in which their artillery was placed, 
their cavalry upon their left wing. 

" About nine o'clock on the morning of the 21st, the enemy 
were re-inforced by 500 choice troops, under the command of 
General Cos, increasing their effective force to upwards of 
1,500 men, whilst our aggregate force for the field numbered 
783. At half-past three o'clock in the evening, I ordered the 
officers of the Texian army to parade their respective com- 
mands, having in the meantime ordered the bridge on the only 
road communicating with the Brazos, distant eight miles from 
our encampment, to be destroyed, thus cutting off all possibility 
of escape. Our troops paraded with alacrity and spirit, and 
were anxious for the contest. Their conscious disparity in 
numbers seemed only to increase their enthusiasm and confi- 
dence, and heightened their anxiety for the conflict. Our 
situation afforded me an opportunity of making the arrange- 
ments preparatory to the attack, without exposing our designs 
to the enemy. The first regiment, commanded by Colonel 
Burleson, was assigned the center. The second regiment, 
under the command of Colonel Sherman, formed the left wing 
of the army. The artillery, under the special command of 
Colonel George W. Hockley, Inspector-General, was placed 
on the right of the first regiment ; and four companies of 
infantry, under the command of Lieut. -Col. Henry Millard, 
sustained the artillery upon the right. Our cavalry, sixty-one 
in number, commanded by Colonel Mirabeau B. Lamar, whose 
gallant and daring conduct on the previous day had attracted 
the admiration of his comrades and, called him to that station, 
placed on our extreme right, completed our line. Our cavalry 
was first dispatched to the front of the enemy's left, for the 
purpose of attracting their notice, whilst an extensive island 
of timber afforded us an opportunity of concentrating our 
forces and deploying from that point, agreeably to the previous 
design of the troops. Every evolution was performed with 
alacrity, the whole advancing rapidly in line and through an 



HISTORY OF TEXAS. 21 

open prairie, without any protection whatever for our men. 
The artillery advanced and took station within two hundred 
yards of the enemy's breastwork, and commenced an effective 
fire with grape and canister. 

" Colonel Sherman with his regiment, having commenced 
the action upon our left wing, the whole line at the center and 
on the right, advancing in double-quick time, rung the war 
cry, " Eemember the Alamo ! " received the enemy's fire and 
advanced within point blank shot before a piece was dis- 
charged from our lines. Our lines advanced without a halt, 
until they were in possession of the woodland and the breast- 
work, the right wing of Burleson's and the left of Millard's 
taking possession of the breastwork; our artillery having gal- 
lantly charged up within seventy yards of the enemy's cannon, 
when it was taken by our troops. The conflict lasted about 
eighteen minutes from the time of close action until we were 
in possession of the enemy's encampment, taking one piece of 
cannon (loaded), four stand of colors, all their camp equi- 
page, stores and baggage. Our cavalry had charged and routed 
that of the enemy upon the right, and given pursuit to the 
fugitives, which did not cease until they arrived at the bridge 
which I have mentioned before, Captain -Karnes, always 
among the foremost in danger, commanding the pursuers. 
The conflict in the breastwork lasted but a few moments ; 
many of the troops encountered hand to hand, and not having 
the advantage of bayonets on our side, our riflemen used their 
pieces as war clubs, breaking many of them off at the breech. 
The rout commenced at half-past four, and the pursuit by the 
main army continued until twilight. A guard was then left 
in charge of the enemy's encampment, and our army returned 
with their killed and wounded. In the battle, our loss was 
two killed and twenty-three wounded, six of whom mortally. 
The" enemy's loss was 630 killed, among whom was one general 
officer, four colonels, two lieutenant-colonels, five captains, 
twelve lieutenants. Wounded, 208, of which were : 5 colonels, 



22 HISTORY OF TEXAS. 

3 lieutenant-colonels, 2 second lieutenant-colonels, 7 captains, 
1 cadet. Prisoners, 730 ; President-General Santa Anna, 
General Cos, 4 colonels, aids to General Santa Anna, and the 
colonel of the Guerrero battalion are included in the number. 
General Santa Anna was not taken until the 22d, and General 
Cos on yesterday, very few having escaped. 

" About six hundred muskets, three hundred sabres and 
two hundred pistols have been collected since the action. 
Several hundred mules and horses were taken, and near 
twelve thousand dollars in specie. For several days previous 
to the action our troops were engaged in forced marches, ex- 
posed to excessive rains, and the additional inconvenience of 
extremely bad roads, illy supplied with rations and clothing ; 
yet, amid every difficulty, they bore up with cheerfulness and 
fortitude, and performed their marches with spirit and alac- 
rity. There was no murmuring. 

" Previous to and during the action, my staff evinced every 
disposition to be useful, and were actively engaged in their 
duties. In the conflict I am assured they demeaned them- 
selves in such manner as proved them worthy members of the 
Army of San Jacinto. Colonel Thos. J. Eusk, Secretary of 
War, was on the field. For weeks his services had been 
highly beneficial to the army ; in battle he was on the left 
wing, where Colonel Sherman's command first encountered 
and drove the enemy. He bore himself gallantly, and con- 
tinued his efforts and activity, remaining with the pursuers 
until resistance ceased. 

" I have the honor of transmitting herewith a list of all the 
officers and men who were engaged in the action, which I re- 
spectfully request may be published as an act of justice to 
the individuals. For the commanding General to attempt dis- 
crimination as to the conduct of those who commanded in the 
action, or those who were commanded, would be impossible. 
Our success in the action is conclusive proof of such daring 
intrepidity and courage; every officer and man proved him- 



HISTORY OF TEXAS. 23 

self worthy of the cause in which he battled, while the 
triumph received a luster from the humanity which charac- 
terized their conduct after victory, and richly entitles them 
to the admiration and gratitude of their General. Nor should, 
we withhold the tribute of our grateful thanks from that Being 
who rules the destinies of nations, and has in the time of 
greatest need enabled us to arrest a powerful invader, whilst 
devastating our countrv. 

" I have the honor to be, 

" With high consideration, 

" Your obedient servant, 
" Sam Houston, Commander-in-Chief." 

There have been many contributions given to the public by 
various individuals, from soon after the battle down to about 
1860, of their personal observations and recollections of the 
incidents preceding, attending and following the battle — 
some prompted by an honorable desire to elucidate facts and 
others by enmity towards General Houston, engendered in 
exciting political contests. Other contributions are from the 
pens of individuals reluctantly drawn before the public, by 
demands for their recollections. I have read, re-read and 
compared these various publications for many years, and, in 
youth, with a qualified measure of prejudice against General 
Houston, living, as I did, among the people of the southwest. 
These people, as Houston fell back before the advancing 
Mexicans, fled from their homes, lost their live stock and 
personal effects, suffered greatly in the retreat and buried 
many of their little ones by the roadside, or in the forests 
along the Trinity and Neches, and when they finally returned 
to their deserted homes, were dependent for food almost ex- 
clusively on wild game ; and for a year after often retired to 
their beds at night hungry and with their children crying for 
bread. They were naturally embittered and severely criticised 
him and his military policy. 



24 HISTORY OF TEXAS. 

Posterity will not, and cannot, lay any of these calamities 
at the feet of Henry Smith, the civilian, or Sam Houston, the 
victorious chieftain, or those eminent men who coincided with 
them in their endeavors to concentrate the power and re- 
sources of the country in opposition to the invading hosts of 
the enemy. Nor will it withhold from Houston its highest 
plaudits, for the manner in which, in the hour of darkest 
gloom, with three hundred and seventy- four unorganized, illy 
fed and poorly armed raw volunteers, he fell back from Gon- 
zales and from point to point, plead for re-inforcements, 
drilled and organized his forces and waited, despite the 
clamors of the brave but impetuous men around him, till dis- 
cipline was established, his numbers increased and the oppor- 
tunity came for that decisive blow which gave liberty and 
independence to his country. 

In regard to the burning of Vince's bridge, across a deep 
and boggy bayou of the same name, much has been written, 
but the facts connected therewith are few, simple and well 
authenticated. About 9 a. m., April 21st, while General 
Houston, accompanied only by Gen. Rusk and Col. Alexander 
Horton, 1 had ridden out a few hundred yards to reconnoitre 
the Mexican position, Gen. Cos, with a re-inforcement of five 
or six hundred men, passed near by and joined Santa Anna. 
Cos, on his way down, had made a feint on the guard and 
camp containing the sick across the bayou at Harrisburg. 
"Gen. Houston," says Col. Horton, "at once announced that 
he would have the bridge burned immediately and fight that 
afternoon, after his men were well refreshed, and before Santa 
Anna could receive other re-inforcements. Eeturning to camp 
he hurriedly dispatched Deaf Smith to destroy the bridge." 
Smith was accompanied by six men, Young P. Alsbury, Den- 
more Rives, John Coker, E. R. Rainwater, John Garner and 
— Lapham. At 2 p. m. he returned and reported the duty 

1 Yet living in San Augustine. 




THOMAS J. RUSK 



HISTORY OF TEXAS. 25 

performed. This statement is verified by the written account 
of Mr. Alsbury, sanctioned by Coker and Col. Horton, and 
this is all there is to state. Various published romances, 
written in after years, are unworthy of notice in a historical 
work. A portion of the guard at Harrisburg, under Wagon- 
master Koarer, made a forced march, reached the bridge on 
the bayou over which Cos had passed, and opened fire on his 
rear guard, which fled to the Brazos, leaving their baggage, 
which was conveyed to camp by the victors, and furnished 
supplies that were greatly enjoyed by the hungry Texians. 

Secretary Rusk also made an official report to President 
Burnet of the battle of San Jacinto. It is too important to 
be omitted and is here inserted : 



" War Department, Headquarters Army of Texas, I 
" San Jacincto Eiver, April 22, 1836. J 

" To His Excellency David G. Burnet, President of Texas: 
4 'Sir: I have the honor to communicate to you a brief 
account of a general engagement with the army of Santa Anna, 
at this place, on the 21st instant. 

"Our army, under the command of General Houston, 
arrived here on the 20th instant. The enemy, a few miles off 
at Washington, apprised of our arrival, committed some 
depredations upon private property, and commenced their 
line of March to this point. They were unconscious of our 
approach until our standard was planted on the banks of the 
San Jacinto. Our position was a favorable one for battle. 
On the noon of the 20th, the appearance of our foe was 
hailed by our soldiers with enthusiasm. The enemy marched 
in good order, took a position in front of our encampment, 
on an eminence within cannon-shot, where they planted their 
only piece of artillery, a brass nine-pounder ; and then 
arrayed their cavalry and infantry a short distance on the 
right, under the shelter of a skirt of woods. In a short time 



26 HISTORY OF TEXAS. 

they commenced firing upon us ; their cannon in front, their 
infantry on the left, and their cavalry changing their posi- 
tion on the right. A charge was made on the left of- our 
camp by their infantry, which was promptly repelled by a few 
shots from our artillery, which forced them to retire. I have 
the satisfaction of stating that only two of our men were 
wounded, one very slightly, the other, Col. Neill, of the 
artillery, not fatally. 

" The attack ceased; the enemy retired and formed in two 
skirts of timber, and remained in that position, occasionally 
opening their fire upon us, until just before sunset, when they 
attempted to draw off their forces. The artillery and cav- 
alry were removed to other points. Colonel Sherman, with 
sixty of our cavalry, charged upon theirs, consisting of 
upward of one hundred, killing and wounding several. Their 
infantry came to the assistance of their cavalry, and opened 
upon us an incessant fire for ten or fifteen minutes, which 
our men sustained with surprising firmness. Too much praise 
cannot be bestowed upon those who were engaged in this 
charge, for never was one of equal peril made with more 
courage, and terminated with less loss. Two of our men 
were severely wounded, but none killed. 1 This terminated 
the movements of the day. 

"Early next morning, about nine o'clock, the enemy 
received a re-inforcement of 500 men, under the com- 
mand of General Martin Perfecto de Cos, which increased 
their force to fourteen or fifteen hundred men. It was sup- 
posed that an attack upon our encampment would now 
be made; and, having a good position, we stationed our 
artillery, and disposed of the forces, so as to receive the 
enemy to the best advantage. At three o'clock, however, 
the foe, instead of showing signs of attack, was evidently 
engaged in fortifying. We determined, therefore, immed- 

1 Trask shortly afterwards died of his wounds. 



HISTORY OF TEXAS. 27 

iately to assail him ; and, in half an hour, we were formed in 
four divisions : the first, intended as our right wing, composed 
of the regulars under Colonel Millard, and the second divis- 
ion, under command of Colonel Sidney 'Sherman, formed 
our left wing. A division, commanded by Colonel Burleson, 
formed our center. Our two six-pounders, under the com- 
mand of Colonel Hockley, Captains Isaac N. Moreland and 
Stillwell, were drawn up on the right of the center division. 
The cavalry, under the command of Colonel Mirabeau B. 
Lamar, formed upon our right. At the command to move 
forward, all the divisions advanced in good order and high 
spirits. On arriving within reach of the enemy, a heavy fire 
was Opened, first with their artillery on our cavalry. A gen- 
eral conflict now ensued. Orders were given to charge. Colo- 
onel Sherman's division moved up, and drove the enemy from 
the woods occupied by them on their right wing. At the same 
moment, Col. Burleson's division, together with the regulars, 
charged upon and mounted the breastworks of the enemy, 
and drove them from their cannon, our artillery, the mean- 
while, charging up and firing upon them with great effect. 
The cavalry, under Col. Lamar, at the same time fell on them 
with great fury and great slaughter. Major-General Hous- 
ton acted with great gallantry, encouraging his men to the 
attack, and heroically charging, in front of the infantry, with- 
in a few 3 r ards of the enemy, receiving at the same time a 
wound in his leg. 

" The enemy soon took to flight, officers and all, some on 
foot and some on horseback. In ten minutes after the firing 
of the first gun, we were charging through the camp, and 
driving them before us. They fled in confusion and dismay 
down the river, followed closely by our troops for four miles. 
Some of them took the prairie, and were pursued by our 
cavalry; others were shot in attempting to swim the river ; 
and in a short period the sanguinary conflict was terminated 
by the surrender of nearly all who were not slain in the com- 



28 HISTORY OF TEXAS. 

bat. One half of their army perished ; the other half are 
prisoners, among whom are Gen. Santa Anna himself, Colo- 
nel Almonte, and many other prominent officers of their army. 
The loss of the enemy is computed at over six hundred slain, 
and above six hundred prisoners ; together with a cabal- 
lado of several hundred mules taken, with much valuable 
baggage. Our loss, in point of numbers, is small, it being 
seven slain and fifteen wounded. 1 

"This glorious achievement is attributed, not to superior 
force, but to the valor of our soldiers and the sanctity of our 
cause. Our army consisted of 750 effective men. 2 This 
brave band achieved a victory as glorious as any on the 
records of history, and the happy consequences will be felt 
in Texas by succeeding generations. It has saved the coun- 
try from a yoke of bondage ; and all who mingled in it are 
entitled to the special munificence of government, and the 
heartfelt gratitude of every lover of liberty. 

" The sun was sinking in the horizon as the battle com- 
menced; but, at the close of the conflict, the sun of liberty 
and independence rose in Texas, never, it is to be hoped, to 
be obscured by the clouds of despotism. We have read of 
deeds of chivalry, and perused with ardor the annals of war; 
we have contemplated, with the highest emotions of sublim- 
ity, the loud roaring thunder, the desolating tornado, and the 
withering simoon of the desert ; but neither of these, nor all, 
inspired us with emotions like those felt on this occasion. 
The officers and men seemed inspired by a like enthusiasm. 
There was a general cry which pervaded the ranks : ■ " Kemem- 
ber the Alamo !" " Kemember La Bahia! " These words elec- 
trified all. " Onward ! " was the cry. The unerring aim and 
irresistible energy of the Texas army could not be withstood. 
It was freemen fighting against the minions of tyranny and 
the result proved the inequality of such a contest. 

1 There were really twenty-seven wounded. 2 Should be 783. 



HISTORY OF TEXAS. 29 

" III a battle where every individual performed his duty, 
it might seem invidious to draw distinctions ; but, while I do 
justice to all in expressing my high admiration of the bravery 
and gallant conduct of both officers and men, I hope I may 
be indulged in the expression of my highest approbation of 
the chivalrous conduct of Major James Collinsworth in almost 
every part of the engagement. Colonel Hockley, with his 
command of artillery ; Colonel Wharton, the adjutant-general, 
Major Cooke, and in fact all the staff officers ; Colonels Burle- 
son and Somervill on the right, Colonel Milliard in the center, 
and Colonel Sherman, Colonel Bennett and Major Wells on the 
left, and Colonel Lamar on the extreme right, with the cav- 
alry, led on the charge and followed in the pursuit with 
dauntless bravery. 

" All have my highest approbation. With such men, sus- 
tained as we shall be by the patriots and lovers of liberty in 
our mother country, hateful depotism cannot find a resting 
place for the sole of her foot on the beautiful plains of Texas ! 
A volumewould not contain the deeds of individual daring 
and bravery. Each captain has been required to make a re- 
port, and I hope justice will be done to all the brave spirits 
who mingled in the glorious achievement of yesterday. 

My aid-de-camp, Dr. Wm. Motley (late of Kentucky), 
fell near me, mortally wounded, and soon after his spirit took 
its flight to join the immortal Milam and others in a better 
world. 

" I have the honor to be, very respectfully yours, 

" Thomas J. Rusk, Secretary of War" 1 



1 The total number of prisoners was near eight hundred, though at first 
reported less, including Santa Anna, Gen. Martin Perfecto de Cos, Col. Juan 
Nepomucino Almonte, Col. Bringas, Col. Ocepeces, Col. Portilla, Col. Pedro 
Delgado. Among the Mexicans killed were Gen. Castrillon, who led the 
assault on the Alamo; Colonels Mora, Batres, Trevino, Jose M. Komero 
Lieut. -Colonels AgUirre and Castrillon. The total number killed was a little 
less than seven hundred, and probably, in various ways, about seventy-five 



30 HISTORY OF TEXAS. 

succeeded in escaping, one of whom I met in San Luis Potosi in 1865, who 
stated that about that number escaped. 

Of the Texians the killed or mortally wounded, were: Dr. William 
Motley, aide to Secretary Rusk, Sergeant Thomas P. Fowl, Lieut. George A. 
Lamb, Lieut. John C. Hale and privates Lemuel Blakey, A. R. Stevens, 
Benjamin R. Brigham, and Olwyn J. Trask, the latter mortally wounded on 
the 20th — 8. 

Wounded severely: Gen. Houston, Lieut. -Col. Joseph C. Neill (wounded 
on the 20th), and Privates James Cromby, Wm. S. Walker, Logan Vande- 
veer, Martin Walker, Allen Ingram, John F. Tom (reported as dead, but 
lived till 1885), J. Cooper, George W. Robinson, Wm. Winters, Washington 
Lewis, Alphonso Steele, W. F. James, and Devereaux J. Woodlief (wounded 
on the 20th) — 15. 

Wounded less severely: Capt. Mosely Baker, Capt. Jesse Billingsly, 
Capt. Smith, Sergeant Albert Gallatin, and Privates George Waters, Wash- 
ington Anderson, Calvin Page, C. D. Anderson, Leroy Wilkinson, James 
Nelson, Mitchell Putman, E. G. Rector and Wm. A. Park — 13. 

Camp guard and sick left opposite Harrisburg: 

Only a partial list of the sick and the guard left at the camp can be given. 
The whole number, with convalescents and a few recruits coming up, was 
about two hundred. As elsewhere shown those who were able for duty 
were compelled to remain against their protest and are as much entitled to 
be enrolled among the soldiers of San Jacinto as those who participated in 
the battle. The entire detachments of Splane and Kuykendall, few in num- 
ber, were detailed, but their names cannot be given. After great diligence 
I can only give the subjoined list: 

Major McNutt, commander of the campj Captains Peyton R. Splane, 

Kuykendall and Wm. W. Hill (sick) ; Zoroaster Robinson, Benjamine Rob- 
inson (sick.) ; I. Benton, Roarer, Irvine, Capt. Henry Teal (sick) ; 

Benjamin Robinson, Wiley Parker, Thomas Korner, Evan Karner, Daniel 

Rayper, James Darst, Darst, Albert M. Halmark, Samuel McGown 3 

William P. Kerr, J. H. Kuykendall, George W. Seaton (accidentally 
wounded in the foot), Lewis Moore, Morris Moore, Robert Price, Miller 

Francis, Black, John Price, Wm. McMaster, Samuel Damon, Wm. Price, 

Philip Coe, Gibbons, John Davis, S. Y. Reams, Ballard, 

Peavyhouse, Launcelot Abbott (a printer in 1888, still living in England), 

Chance, Hunter (sick and died in camp). These were 40 of the 

men from various companies. 

Of Gillaspie's company, complete: John Blaney, Micajah Bradley, Wm. 
Everett Kennard, Wm. McCoy, Wm. Mclntire, Andrew McMiilam (sick), 
James McMiilam (sick), Daniel Smith, Oswin Wilcox, Wm. Physic Zuber 
(in his sixteenth year) — 10. Of the same company left sick at Donoho's 

who came up, Samuel McFall (the afterwards noted Mier prisoner) , 

Newton — 2. Recruits who came up and joined the company, Henry Full- 
erton, John Wlaker — 2. Total, 54, of about 200. 



HISTORY OF TEXAS. 31 

By the aid of Mr. William P. Zuber, and otherwise, I have been enabled 
to add several omitted names in the published list of San Jacinto soldiers, 
and to correct errors in the names of about fifty, some of which were 
mutilated beyond recognition, as (t Kimbo " for "Kimbrough" — " Mc- 
Curdy" for McCorley — "William Finch "for " Matthew French, " etc. 
There are doubtless still many errors in the names, and the first names of a 
large number are missing. 

THE SOLDIERS OF SAN JACINTO. 

Sam Houston, Major-General Commanding; Thomas J. Rusk, Secretary 
of War; John A. Wharton, Adjutant-General; George W. Hockley, Inspec- 
tor-General; John Forbes, Commissary General; William G. Cooks, 
Assistant Inspector-General; Alexander Horton, Wm. H. Patton, James 
Collins worth, aids- de-camp; Robert M. Coleman, Robert Eden Handy, 
James H. Perry, volunteer aids; Dr. Alexander Ewing, acting chief 
surgeon; Dr. Davidson, surgeon; J. P. T. Fitzhugh, assistant surgeon 1st 
regiment; Anson Jones, surgeon 2nd regiment; Shields Booker, and N. D. 
Labadie, assistant surgeons 2nd regiment — 18. 

ARTILLERY CORPS. 

J. C. Neill, Lieutenant-Colonel, severely wounded on the 20th; Isaac N. 
Moreland, Captain; W. Still well, 1st Lieutenant; Richardson Scurry, 1st 
Sergeant; Thomas Plaster, 2nd Sergeant. 

PRIVATES. 

T. O. Harris, Jno. M. Wade, Hugh M. Smith, William A. Park, Thomas 
Green, Clark M. Harman, T. J. Robinson, M. Baxter, Ben McCulloch, 
Joseph White, Thomas N. B. Green, John Ferrill, Joseph Floyd, Alfred 
Benton, D. T. Dunham, Willis Collins, T. C. Edwards, S. B. Bardwell. 

Assisted by the following regulars from Teal's company: Campbell, 
Millerman, Gainer, Cumberland. 

From Turner's company: Benson, Clayton, Merwin, Legg — 31. 

CAVALRY CORPS. 

Mirabeau B. Lamar, Commanding; Henry W. Karnes, Captain; Wm. H. 
Smith, Captain; James R. Cook, 1st Lieutenant; Wm. Harness, 2d Lieuten- 
ant; Lem. Gustine, M. D. 

PRIVATES. 

Erastus (Deaf) Smith, Washington Secrest, Fielding Secrest, A. Alls- 
bury, S. C. Turnage, D. W. Reeves, E. R. Rainwater, J. D. Elliott, J. P. 
Davis, J. Neil, G. Deaderick, N. Nixon, J. Nash, Isaac W. Burtoa, 
Jacob Duncan, James Wells, special scout, Young P. Alsbury, 
Daniel McKay, W. J. C. Pierce, W. King, Thomas Blackwell, Good- 
win, John Coker, W. B. Sweeney, Benjamin F. Smith, Thomas Robbins, 
Elisha Clapp, H. Henderson, George Johnson, J. W. Williamson, Wilson C. 



32 HISTORY OF TEXAS. 

Brown, J. Thompson, John Robbins, William F. Young, James Douthatt 
John Carpenter, William S. Taylor, Anthony Foster, Z. Y. Beauford, Spen- 
ser Townsencl, James Shaw, William D. Redd, Clopper, Peter H. Bell, 

James W. Robinson, A. W. Hill, Olwyn J. Trask — 53. 

REGULARS. 

Lieutenant-Colonel Henry Millard, Commanding; Captain John M. Allen 
(future Mayor of Galveston), Acting Major. 

Company A. 

Andrew Briscoe, Captain; Martin K. Snell, 1st Lieutenant; Robert 
McClosky, 2d Lieutenant; Lyman F. Rounds, 1st Sergeant; David S. Nelson, 
2d Sergeant; Daniel O. Driscoll, 3d Sergeant; Charles A. Ford, 4th Sergeant; 

Richardson, 1st Corporal, Harry C. Craig, 2d Corporal, Bear, 3d 

Corporal, Flores, Musician. 

PRIVATES. 

Bruff, Bebee, Benton, Henry P. Brewster, Cassady, Dutcher, Darrl, 
Elliott, Flynn, Farley, Grieves, Warner, Henderson, Lang, Labartare, 
Limski, Mason, Montgomery, Marsh, Morton, O'Niel, Pierce, Patton, Rhein- 
hart, Kainer, Richardson, Smith, 1st; Smith, 2d; Sullivan, Saunders, Swain, 
Tindall, 1st; Taylor, Van Winkle, Wilkinson, Webb — 49. 

VOLUNTEERS. 

Company B. 

Amasa Turner, Captain; W. Millen, 1st Lieutenant; W. W. Summers, 
2d Lieutenant; Charlas Stewart, 1st Sergeant; N. Swearingen, 2d Sergeant; 
Robert Moore, Corporal; Thomas Wilson, Corporal, M. Snyder, Corporal. 

PRIVATES. 

Bernard, Browning, Dalrymple, Eldridge, Edson, Harper, Hogan, Harvey, 
Bissett, Belden, Johnson, Keeland, Ludus, Lind, Minnett, Mordorff, Col- 
ton, Callahan, Massie, Moore, 2d; Nirlas, Pascal, Phillips, Smith, 1st; 
Christie, Clarkson, Smith, 2d; Scheston, Sigman, Tyler, Woods, Wardry- 
ski — 40. 

Company B. 

Richard Roman, Captain; Nicholas Dawson, 2d Lieutenant; James Whar- 
ton, Sergeant; A. Mitchell, Sergeant; S. L. Wheeler, Sergeant; A.Taylor, 
Corporal; J. S. Egbert, Corporal; W. Moore, Corporal. 

PRIVATES. 

Angell, G. Brown, Joseph Barstow, J. B. Bradley, B. Coles, J. S. Conn, 

J. H. T. Dixon, William Dunbar, H. Homan, J. M. Jett, Stev. Jett, A. S. 
Jordan, S. W. Lamar, Edward Lewis, J. W. B. McFarland, A. M'Stea, H. 



HISTORY OF TEXAS. 33 

Miller, W. G. Newman, W. Kicharclson, D. Tindale, J. Vinaler, C. W. 
Waldron, F. F. Williams, James Wilder, W. S. Walker, James Ownsby. 

Company I. 
W. S. Fisher, Captain; R. W. Carter, 2d Lieutenant; Jones, Sergeant. 

PRIVATES. 

George W. Leek, N. Rudder, J. W. Stroud, Jos. Sovereign, W. Sergeant, 

R. J. W. Reel, Rufus Wright, Jos. McAllister, B. F. Starkley, Day, 

John Morgan, Henry Tierwester, Slack, R. Banks, Jac. Maybee, 

Graves, B. F. Fry, E. G. Marie, M'Neill, John M. Shreve, W. Pace, Ch. 

Stebbins, R. Crittenden, Adam Mosier, J. S. Patterson, Jos. Douane, 
George W. Mason, Thomas Pratt, E. Knowland, A. H. Miles, John 
Lewellan, Joseph Joslyn, W. S. Arnot, M. W. Brigham, P. Burt, H. Bond, 
Geo. Fennell, W. Gill, Jo. Gillespie, A. J. Harris, D. James — 44. 

STAFF OF THE COMMAND. 

Nicholas Lynch, Adjutant; Wm. M. Carper, Surgeon; John Smith, Ser- 
geant-Major; Pinkney Caldwell, Quarter-master — 4. 

FIRST REGIMENT TEXAS VOLUNTEERS. 

Edward Burleson, Colonel; Alex. Somervell, Lieutenant-Colonel, Jas. W. 
Tinsley, Adjutant; H. N. Cleveland, Sergeant -Major — 4. 

Company A. 

Wm. Wood, Captain; S. B. Raymond, 2nd Lieutenant; J. C. Allison, 1st 
Sergeant; Jas. A. Sylvester, 2nd Sergeant; 0. T. Brown, 3rd Sergeant; 
Nathaniel Peck, 4th Sergeant. 

PRIVATES. 

Irwin Armstrong, Wm. H. Berryhill, Uriah Blue, Seymour Bottsford, 
Luke W. Bust, James Cumbo, Elijah V. Dale, Abner C. Davis, Jacob Eiler, 

Simon P. Ford, Garner, Giles A. Giddings, James Greenwood, Wm. 

Griffin, Wm. C. Hayes, Thos. A. Haskin, Robert Howell, Wm. Lockridge, 
J. D. Loderback, Edward Miles, Benj. Osborne, Jas. R. Pinchback, Joseph 
Rhodes, John W. Rial, Ralph E. Sevey, Manasseh Sevey, Edw. W. Taylor, 
John Vivien, George Waters, James Welsh, Ezra Westgate, Walter 
Winn — 38. 

Company C. 

Jesse Billingsly, Captain; Micah Andrews, 1st Lieutenant; James A, 
Craft, 2nd Lieutenant; RusselB. Craft, 1st Sergeant; Wm. H. Magill, 2nd 
Sergeant ; Campbell Taylor, 3rd Sergeant. 

PRIVATES. 

L. C. Cunningham, John Herron, Preston Conley, Andrew Jackson Berry, 
Jefferson Barton, Dempsey Pace, Lemuel Blakey, George Self, Thomas 

3 



34 HISTORY OF TEXAS. 

Davy, Jacob Standefer, Wayne Barton, Sampson Connell, Logan Vandeveer, 
Washington Anderson, William Standefer, William Simmons, George 
Green, George B. Erath, Jno. W. Bunton, William Criswell, Sam Mc- 
Clelland, Lewis Goodwin, Jos. Garwood, Willis Avery, Jesse Halderman, 
Charles Williams, Aaron Burleson, Calvin Gage, Martin Walker, Dr. 
Thomas J. Gazley, Gernett E. Brown, Robert M. Cravens, Walker Wilson, 
Prior Holden, Thos. H. Mays, A. M. Highsmith, James Curtis, Thos. M. 
Dennis, James R. Pace, John Hobson, Nicholas M. Bain, Robt. Hood, 
Dugald McLean, Thos. A. Graves — 50. 

Company D. 

Moseley Baker, Captain; John P. Borden, 1st Lieutenant; John F. Pettus, 
2nd Lieutenant; Joseph Baker, 1st Sergeant; Edward 0. Pettus, 2nd 
Sergeant; Moses A. Bryan, 3rd Sergeant; James Bell, 1st Corporal; James 
Friel, 2nd Corporal; Issac L. Hill, 3rd Corporal. 

PRIVATES. 

O. D. Anderson, J. B. Alexander, John Beachom, T. H. Bell, S. R. Bostic, 
Paschal P. Borden, J. Carter, Sam'l Davis, G. W. Davis, J. R. Foster, A. 

Greenlaw, Fowler, Hugh Franzier, William Isbell, Robert Kleburg, 

James Tarlton, Mat. Kuykendall, Robert Moore, Jos. Moore, Jos. McCrabb, 
Louis Rorder, V. W. Swearengen, Jos. Vermillion, I. E. Watkins, A. W. 
Wolsey, W. R. Williams, Allison York, Patrick Usher, John S. Menefee, 

Paul Scarborough, John Flick, J. H. Money, Allen Ingram, Weppler, 

John Marshall, Wm. Bernbeck, Samuel Millett, Philip Stroth, Andreas 
Voyel, Nicholas Peck, Wm. Hawkins, John Duncan, Geo. Sutherland, Thos. 
Gay, Joseph Miller, G. W. Gardner, Wm. Mock, S. H. Isbell, McHenry 
Winburn, T. R. Jackson, D. D. D. Baker, Peter B. Dexter— 60. 

Company K. 

Robert J. Calder, Captain; JohnSharpe, 1st Lieutenant; M. A.Bingham, 
1st Sergeant. 

PRIVATES. 

Benj. R. Brigham, killed, Thomas O'Connor, F. S. Cooke, T. Cooke, S. 
Connor, Geo. J. Johnstone, Granville Mills, Elias Baker, H. Dibble, T. M. 
Fowler, H. Fields, Benj. C. Franklin, J. Green, W. C. Hogg, J. Hall, E. B. 
Halstead, J. W. Hassell, Walter Lambert, B. Mims, W. Muir, Pleasant D. 
M'Neel, C. Malone, J. Plunkett, W. P. Reese, C. K. Reese, J. A. Spicer, H. 
Stonfer, Joshua Threadgill, W. P. Scott, R. Crawford, S. B. Mitchell, 
B. F. Fitch, W. W. Gant, J. S. Edgar, J. Smith, T. D. Owen, W. Hale, A- 
G. Butts, D. Dedrick, C. Forrester, W. K. Denham— 44. 

Company F. 
Wm. J. E. Heard, Captain; Wm. M. Eastland, 1st Lieutenant; Eli 



HISTORY OF TEXAS. 35 

Mercer, 1st Sergeant; Wilson Lightfoot, 2d Sergeant; Alfred Kelso, 1st 
Corporal; Elijah Mercer, 2d Corporal. 

PRIVATES. 

Robt. M'Laughlin, Leroy Wilkinson, Wm. Lightfoot, Daniel Miller, 
Josiah Hagans, John M'Crabb, Maxwell Steele, JohnBigley, Hugh McKenzie, 
Jos. Elinger, John Hallet, J. Robinson, D. Dunham, Fidelie Breeding, Wm. 
Passe, James S. Lester. Christian Winner, James Nelson, John Tumlinson, 
Francis Brookfleld, Charles M. Henry, James Byrd, Nathaneil Reid, Andrew 
Sennatt, P. B. O'Conner, Thos. Ryons, John Lewis, Leander Beason, Steven 
T. Foley, Allen Jones, Thomas Adams, Mitchell Putman, Thos. M. Harde- 
man, Chas. Thompson, Wm. Waters, Joseph Highland — 43. 

Company H. 

Wm. W. Hill, Captain, sick; R. Stevenson, Commanding Company; H. 
H. Swisher, 1st Lieutenant; C. Raney, 1st Sergeant; A. R. Stevens, 2nd 
Sergeant; Wm. H. Miller, 4th Sergeant. 

PRIVATES. 

E. Whitesides, J. S. Stump, John M. Swisher, Moses Davis, John Lyford, 
John F. Tom, Nicholas Crunk, Lewis Clemons, Wm. Hawkins, W. J. 
Cannon, Jacob Groce, Fred B. Gentry, J. G. Wilkinson, A. Dillard, R. 
Bowen, James Farmer, A. Lesassier, W. R. Dallas, M. B. Gray, James Gray, 
B. Doolittle, John Graham, James M. Hill, J. Ingraham, F. K. Henderson, 
Uriah Saunders, John Craddock, John GafEord, N. Mitchell, David Korneky, 
Geo. Petty, James Evetts, Prosper Hope, J. Powell, Matthew Dunn, J. D. 
Jennings, John C. Hunt, S. Lawrence, A. Caruthers, Daniel McKay — 45. 

SECOND REGIMENT TEXAS VOLUNTEERS. 

Sidney Sherman, Colonel; Joseph L. Bennett, Lieutenant-Colonel; 
Lysander Wells, Major; Edward B. Wood, Adjutant; Bennett McNelly, 
Sergeant-Major — 5. 

First Company. 

Hayden Arnold, Captain; R. W. Smith, 1st Lieutenant; Isaac. Edwards, 
2nd Lieutenant. 

PRIVATES. 

Sam. Leiper, Peter W. Holmes, Wm. P. Kincannon, Daniel Doubt, John 
Moss, E. E. Hamilton, David Rusk, W. F. Williams, J. W. McHorse, H. 
Malena Alexin, John Harvey, Mat. G. Whitaker, John Yancy, S. Yarbrough, 
Thos. G. Box, Nelson Box, G. R. Mercer, Wm. Nabors, Wm. T. Sadler, 
James Mitchell, James E. Box, Sam Phillips, John B. Trenay, Levy Perch, 
Crawford Grigsby, John McCoy, Dickinson Parker, Jesse Walling, J. W. 
Carpenter, John Box, W. E. Hallmark, Thos. D. Brooks, S. F. Sparks, 
Howard Bailey, H. M. Brewer, Stephen McLinn — 39. 



36 HISTORY OF TEXAS. 

Second Company. 

Wm. Ware, Captain; Job S. Collard, 1st Lieutenant; Geo. A. Lamb, 2d 
Lieutenant; Albert Gallitin, 1st Sergeant; Wm. C. Winters, 2d Sergeant. 

PRIVATES. 

J. F. Winters, J. W. Winters, C. Edenburg, Lewis Cox, Matthew W. 
Cartwright, G. W. Robinson, G. W. Lawrence, Wm. Cartwright, John 
Sadler, James Wilson, James Deritt, Matthew Moss, Jesse Thomas — 18. 

Third Company. 
Wm. M. Logan, Captain; Franklin Hardin, 1st Lieutenant; B. J. Harper, 
2d Lieutenant; Edward T. Branch, 1st Sergeant. 

PRIVATES. 

John Biddle, J. M. Maxwell, M. Charencan, E. Bollinger, P. Bollinger, 
John Slayton, Patrick Carnel, Wm. M. Smith, David Choat, David Cole, R. 
O. W. McManus, L. J. Dyches, David H. McFadden, Thomas Orr, Luke 
Bryan, Win. Kibbe, E. M. Tanner, H. R. Williams, Michael Pevetoe, Lefroy 
Godree, Joseph Farewell, Robert Whitlock, Cyrus V. Thompson, Cornelius 
Devoy, M. J. Brakey, Thos. Belknap, Wm. Duffee, Joseph Ellender, Wm. 
Smith, Wm. Robertson, W. A. Smith, James Cole — 36. 

Fourth Company. 
Wm. H. Patton, Captain (aid-de-camp in battle) ; David Murphree, 1st 
Lieutenant, commanding; Peter Harper, 2d Lieutenant; John Smith, 1st 
Sergeant; Pendleton Rector, 2d Sergeant; A. D. Breedlove, 3d Sergeant; G. 
L. Bledsoe, 1st Corporal. 

PRIVATES. 

James Bradley, J. C. Boyd, Robert Barr, A. J. Beard, Alex Bailey, J. J. 
Childs, St. Clair Patton, Claiborn Rector, Phineas Ripley, Thomas J. 
Sweeney, J. B. Taylor, L. Willoughby, G. Wright, M. B. Atkinson, Colden 
Denman, Edw. Darst, R. B. Darst, J. K. Davis, E. Gallaher, James Hall, S. 
Phillips, Thomas M'Gay, J. A. Barkley, Francis Walnut, Hinton Curtis, J. 
B. Grice, Nat Hager, B. F. Cage, J. M. McCormick, James Hayr, Charles 
Hick, A. D. Kenyon, G. W. Lewis, J. Pickering, James Harris, Wm. Breonan, 
Wm. H. Jack, Doct. Baylor, Thos. F. Corry, A. Lewis, Walter P. Lane, E. 
G. Rector — 48. 

Fifth Company. 

Thos. H. Mclntire, Captain; John P. Gill, 1st Lieutenant; Bazil G. Ijams, 
2d Lieutenant; Robert D. T. Tyler, 1st Sergeant; John Wilkinson, 2d Ser- 
geant; E. G. Coffman, 1st Corporal. 

PRIVATES. 

Wm. Boyle, Benj. Bencroft, George Barker, Wm. Bennett, John Clarke, 
J. B. Coliant, John Chevis, 1st; John Chevis, 2d; Thomas Cox, J. Campbell, 
Cooper, T. Davis, Oscar Farrish, Thomas Hopkins, Jack Lowrie, Cyrus 



HISTORY OF TEXAS. 37 

Cepton, Ambrose Mayer, Moses Allison, Placido M'Corley, David Odom, G. 
W. Pentecost, S. W, Peebles, Sam Shupe, Isaac Jaques, Isaac Maiden. F. 
Wilkinson— 32. 

Sixth Company. 
James Gillaspie, Captain; Matthew Funcb, 1st Lieutenant; A. L. Harri- 
ison, 2d Lieutenant; Rchd. Chadduck, 1st Sergeant. 

PRIVATES. 

John Sayres, Francis B. Lessiter, M. R. Goheen, Thos. H. Webb, John 
Peterson, John Montgomery, Thos. F. Johnson, Hez. Farris, Wm. L. Fer- 
rell, Sam Wiley, Wm. Fullerton, Wm. Fertilan, Andrew Montgomery, 
Rollison, Edw. M'Millan, John S. Darling, J. W. Scolling, John Rich- 
ardson, Jennings O'Bannion, Willis L. Ellis, James Walker, Scallom, 

Alphonzo Steel, Benj. Johnson, F. M. Woodward, Wm. Peterson, John C. 
White, Robert Henry, Elijah Votau, G. Crosby, Joel Dedrick, L. Ramey — 36. 

Seventh Company. 

Benjamin Bryan, Captain; John C. Hale, 1st Lieutenant; A. S. Lewis, 
2nd Lieutenant. 

PRIVATES. 

Wm. Earle, Jas. T. P. Irvine, Sim. Roberts, Joseph P. Parks, C. Rock- 
well, R. B. Russell, L. H. White, A. M'Kenzie, A. Cobble, John F. Gil- 
bert, D. Roberts, Wm. B. Scates, J. R. Johnson, William Pate, B. Lindsay, 
James Clarke, RobertLove, J. S. Irwine,— 20. 

Eighth Company. 

William Kimbrough, Captain; James Ro we, 1st Lieutenant; John Haman, 
1st Sergeant; William Fisher, 2nd Sergeant; Henry Reed, 3rd Sergeant. 

PRIVATES. 

D. Brown, William, Bateman, J. A. Chaffln, Hershel Corsine, Joel Grain, 
R. T. Crain, Josh. Clelens, W. H. Davis, S. Hollman, H. Hill, George Han- 
cock, E. O. Legrand, D. Love, D. H. M'Gary, Thomas Maxwell, A. J. 
M'Gown, J. W. Proctor, Benj. Thomas, D. Watson, Lewis Wilworth, R. 

Stevenson, G. W. Jones, W. B. Bennett, B. Green, J. Kent, Caddell, 

Rinaldo Hotchkiss, Thos. M. Hughes, A. Buffington, James Burch, R. Burch, 
A. E. Manuel, 37. 

Ninth Company. 

Juan N. Seguin, Captain ; Manuel Flores, 1st Sergeant; Antonio Man- 
chaca, 2nd] Sergeant;— Nep. Flores, 1st Corporal; Ambro Rodriguez, 2nd 
Corporal. 

PRIVATES. 

Antonio Cruz, Jose Maria Mocha, Eduardo Samires, Lucin Enriques, 
Matias Cuvier, Antonio Cueves, Simon Ancola, Man'l Tarin, Pedro Henern, 



38 HISTORY OF TEXAS. 

Thomas Maldonart, Cesario Cormona, Jacinto Pena, N. Navarro, A. Var- 
cinas, Man'l Avoca— 20. 

Companies not Given. 

Turner Barnes, Joseph Weeks, James Collard, Jonathan Collard, John 
Hannan, Wm. Burdett, N. W. Burdett, J. A. Burdett, William Young 
(severely wounded) — 9. 

This gives a total rank and file of 835 men, or 52 more than are mentioned 
in General Houston's statement; but he doubtless failed to include mem- 
bers of his staff, 22 in number; a number of whose names were not then 
reported because of temporary changes from one company to another, and 
a few who reached the army that day. 

Nine persons who signed the Declaration of Independence on the second 
day of March fought at San Jacinto on the 21st of April, viz. : Gen. Sam 
Houston, Thomas J. Rusk, Secretary of War, Dr. William Motley (who was 
killed), James Collinsworth, Dr. Thomas J. Gazley, Robert M. Coleman, 
Wm. B. Scates, E. O. Legrand and John W. Bunton, the last four being 
privates. Of other heroes Surgeon Anson Jones became President of the 
Republic, as did also Col. Mirabeau B. Lamar, who was a private till called 
to command the cavalry on that day ; and Privates Ben McCulloch, Tom 
Green and Walter P. Lane, who became distinguished soldiers in Texas and 
Mexico and generals in the Confederate army; Private James W. Robinson, 
the then late Lieutenant-Governor; Sergeant Richardson Scurry, who be- 
came a judge and member of the United States Congress; Private Peter H. 
Bell, who was afterward twice Governor and twice a member of the United 
States Congress; Private Benj. C. Franklin, who became a judge and con- 
spicuous legislator; Private Henry P. Brewster who became a distinguished 
lawyer; Sergeant Edward T. Branch, who became a judge and speaker of the 
House of Representatives; Private William H. Jack, who was one of the 
most distinguished lawyers, orators and legislators in the Republic; Pri- 
vate Osear Parish, who was for thirty years clerk of Galveston County; 
Private Isaac W. Burton who was long a senator; and James Shaw, George 
B. Erath, and a large number of privates, who afterward filled honorable 
positions in civil life. 

Among the Mexican prisoners taken at San Jacinto was Col. Pedro Del- 
gado, of Santa Anna's staff. Returning to Mexico, after his release a year 
later, he published what has been styled " A Mexican Account of the Battle 
of San Jacinto," in which he gives free rein to his envenomed hatred of the 
Texians. He seems to have thought that he and his fellow-soldiers should 
have been treated with tenderness and the most delicate courtesy, utterly 
ignoring the fact that the Mexican soldiery had murdered hundreds of Tex- 
ian prisoners; that he in person, according to his own averment, had burnt 
the town of Harrisburg, and the fact that it was impossible, for the want of 
supplies and shelter, to properly feed and protect from the inclemency of 
the weather even the victors to whom he had surrendered. Yet, he admits 




■ li ; 




wammmm 




m vim *....:-.... 





THE BRIGHAM-SAN JACINTO MONUiMENT 



HISTORY OF TEXAS. 39 

that the prisoners were about as well fed as the Texians. He complains 
bitterly of the rudeness of a portion of the Texian troops towards the prison- 
ers, and, doubtless, with a measure of justice — for the remembrance of the 
scenes enacted at the Alamo and Goliad were yet fresh in their minds. He 
failed to realize that by the laws of modern warfare, owing to their atroc- 
ities, he and his companions in misfortune held their lives solely at the 
mercy of the victors. Not one expression of recognition of or gratitude for 
the magnanimous spirit that spared their lives and provided for the care of 
their wounded, escaped him. The Texian surgeons, after the fury inspired 
by combat had subsided, ministered to the Mexican wounded as well as the 
means at their disposal would permit, and Gen. Cos, Almonte and others 
received many attentions and evidences of kindness and respect. Delgado 
in his tirade manifests bitter animosity towards Santa Anna, on whose staff 
he served, and declares that Santa Anna proved himself a frightened coward 
and fool when the battle commenced. Yet, even this man was not altogether 
base. He pays in his account a grateful tribute to Capt. John M. Allen, who 
interposed to stay the slaughter at the time of the surrender; and Judge 
William Hardin and his noble wife, at whose place in Liberty the prisoners 
were held for about seven months. He gratefully mentions numerous evi- 
dences of their sympathy and kindness. They gave up all their houses, ex- 
cepting one little cabin, to shelter the Mexicans — denied their own table to 
give them food — and Mrs. Hardin surrendered her mattresses and bedding 
to the sick prisoners. He invokes the blessings of heaven on that couple, 
although they were enemies of his country. That his encomiums on Judge 
Hardin were just will be attested by all of that gentleman's surviving com- 
rades; and that, as to Mrs. Hardin, they were equally just, the author of 
this work and the whole population of Belton (who knew her in after years 
as Mrs. Kelton), will verify. 

Delgado's statements as to the respective forces and in all cases wherein 
his prejudices, hatred and wounded pride are involved, are wholly unworthy 
of credit. 






CHAPTER III. 

Pursuit of the Fleeing Mexicans — Capture of Santa Anna, Cos and Almon- 
te — Incipient Negotiations — Arrival of Volunteers from New York and 
Elsewhere. 

Capt. Karnes and a small party 'of cavalry pursued the 
Mexican cavalry as far as Vince's bayou, killing some and 
picking up occasional stragglers on the prairie, many of them 
in a dazed and forlorn condition. Realizing that the common 
soldiers were but the ignorant and irresponsible instruments 
of the chief who commanded them, he spared all such and dealt 
with them as kindly as he could. In the battle there is no 
denying the fact that the Texians, wrought up to a state of 
frenzy by the recent butcheries at Goliad, slew many who 
offered to surrender and imploringly exclaimed, " Me no 
Alamo, me no Goliad." Yet the fact remains that nearly 
eight hundred were made prisoners. In the pursuit a few 
stragglers who desired to surrender were slain by the more 
reckless portion of the pursuers, but a large majority of the 
Texians tried to check the carnage, feeling not only the 
magnanimous impulses of chivalrous men, but that the death 
roll Of the enemy was already sufficiently large. Throughout 
the night Karnes guarded a thicket into which four Mexicans 
(leaving their horses) had entered as a place of refuge at 
twilight, but when daylight came only one remained. He 
surrendered and proved to be Santa Anna's secretary, and 
stated that the other three were Santa Anna, Cos and another 
officer. Karnes, with Washington Secrest, Fielding Secrest, 
James Wells, and Deaf Smith, then went in pursuit of the 
fugitives, passing round the head of the bayou towards the 
Brazos. Wells, being freshly mounted and knowing the 
(40) 




PRESIDENT MIRABEAU B. LAMAR 



HISTORY OF TEXAS. 41 

ground, kept considerably in advance and came upon Cos, 
Capt. Iberri and Bachiler and two or three others near the 
Brazos timber, where the fugitives, seeing Karnes and his 
men rapidly approaching, halted and surrendered. Cos 
inquired of Deaf Smith, with well feigned nonchalance 
" whether General Cos had been killed or captured? " To 
which Smith promptly replied: " He has been neither killed 
nor captured. I am seeking him now, for he is one scoundrel 
I wish to kill in person." Having fairly surrendered, how- 
ever, Cos was safe, even in Smith's hands. 

The party, with their prisoners, did not reach camp till the 
forenoon of the 23d. Besides those mentioned they picked 
up a dozen or two Mexicans found on the prairie. 

On the 2 2d mounted men, in small squads, scoured the 
country on the route towards the Brazos, picking up many 
straggling Mexicans. A party under Col. Burleson reached 
and crossed the bayou above the burnt bridge. Col. Burleson 
then directed some of his men to return to camp, saying he 
w T ould continue up the bayou. A group of six cavalrymen, 
composed of Second Sergeant James A. Sylvester, of Wood's 
company, 1 and Privates Joel W. Robison, Edward Miles, 
Joseph Vermillion, — Thompson and started back, trav- 
eling somewhat parallel to and down the bayou. Five of the 
party followed a bend of the stream, while Sylvester went 
directly on about a mile to the lower point of the bend. 
Before separating the entire party had noticed a man on foot 
in that locality, but before Sylvester arrived, he disappeared. 
On reaching the spot, however, Sylvester found the man lying 
down and trying to conceal himself in the high grass. Syl- 
vester ordered him to rise and was soon joined by the five 
troopers of the squad. The prisoner (Santa Anna) was 
poorly clad and, with the exception of a fine shirt, wore the 



1 A young printer from Baltimore, last from Covingtion, Ky., opposite 
Cincinnati. 



42 HISTORY OF TEXAS. 

garb of a common soldier. His captors did not dream of his 
identity. Robison, alone of the party, understood a little 
Spanish, and to him Santa Anna claimed to belong to the 
Mexican cavalry and that he had abandoned his horse the 
previous evening to avoid capture by the Texian cavalry and 
was unused to walking. The conversation between them, 
however, amounted to little. He was conducted back to the 
camp, about eight miles, walking two miles perhaps and 
riding the remaining distance, sometimes by himself, but 
chiefly behind one or another of the men. One of the men 
proposed to kill him, but all the others opposed the sugges- 
tion. He rode into camp behind Sylvester and was recog- 
nized by the Mexican prisoners, who involuntarily, in sup- 
pressed tones, exclaimed "The President! The President ! 
General Santa Anna!" Upon which, without dismounting, 
Sylvester continued on to camp, where the prisoner was taken 
in charge by Col. Hockley and Major Ben Fort Smith, who 
carried him before General Houston, who, suffering from his 
wound, was reclining on a pallet under the shade of a large tree. 
Colonel Hockley said: "General Houston! here is Santa 
Anna!" Dismounting, Santa Anna, speaking rapidly in his 
own language said : " Yo soie Antonio Lopez de Santa Anna, 
presidente de Mexico, commandante en jefe del exercito 
de ofuraciones yme pougs a la disposicions del valiente 
General Houston, quiero ser tratado como deber ser un 
general quando es prisoner de guerra." General Houston 
called upon Moses Austin Bryan, then a youth of nineteen 
years, to translate what Santa Anna had said. That gallant 
youth promptly rendered the words into English as follows r 
" I am Antonio Lopez de Santa Anna, president of Mexico, 
commander in chief of the army of operations, and I put 
myself at the disposition of the brave General Houston. I 
wish to be treated as a general should be when a prisoner of 
war." 

General Houston then rose upon his right arm and, pointing 



HISTORY OF TEXAS. 43 

to an ammunition chest, replied: " Ah ! Ah ! indeed, General 
Santa Anna. Happy to see you, General ; take a seat, take a 
seat!" 

Wild excitement spread through the camp as the news 
became known ayd nearly the whole army crowded around 
the two chiefs, while a desultory dialogue proceeded between 
them, first Moses Austin Bryan and a little later young Lo- 
renzo de Zavala acting as interpreter. The Texian soldiers 
were then ordered to their quarters and in a little while Santa 
Anna asked to have Sylvester sent for and, on his arrival, 
embraced and thaukedhim, saying that he owed his life to him 
and his comrades. Santa Anna's secretary 1 Col. Almonte, 
was brought from among the prisoners and afterward remained 
with him, Almonte acting as interpreter. Santa Anna at 
once proposed negotiations for his release, but General Hous- 

1 Juan Nepomuceno was the natural son of the patriot priest, Gen. Maria 
Morelos, who, in 1816, while leading the Mexican patriots and Congress, 

through a mountain pass, en route to , was overwhelmed and captured 

by the Spanish royalists troops, and soon afterwards executed in the city of 
Mexico. Seeing his son, a boy of 14 or 15 years, a short distance in the rear, 
at the moment of his own capture, Morelos, pointing to the thick woods on 
the mountain side, exclaimed, " Al Monte ! Al Monte ! " in English signify- 
ing : " To the mountains ! To the mountains ! " The boy obeyed the injunc- 
tion and, with some of the patroit soldiers, escaped. By these soldiers he was 
surnamed, in commemoration of his father's last injunction, " Almonte," 
hence Juan Nepomuceno Almonte. He was educated in the United States 
and was a good English scholar and ever a steadfast friend of Santa Anna 
His visit to Texas, in 1834, has been mentioned. He was lor some years 
minister to the United States. Aiter the final downfall of Santa Anna in 
1855, true to his monarchical principles, Almonte became allied with the 
French intervention, and was in the cabinet of Maximilian; but, when that 
Prince fell, he escaped to France and there died, two or three years later, 
an exile from his own country. In the city of Mexico, in 1865, I had a 
pleasant interview with him, in which he expressed a strong regard for a 
number of Texians with whom he hadbeen thrown while a prisoner in 1836. 
He was a man of fine physical appearance and gentlemanly address and 
spoke in terms of affection of Col. Barnard E, Bee and George W. Hockley. 
His admiration for Generals Houston and Rusk was expressed without 
reservation. 



44 HISTORY OF TEXAS. 

ton answered that that was a matter tobe determined by the civil 
and not the military branch of the government, and that no ne- 
gotiations looking to that end could be opened until the arrival 
of President Burnet and the cabinet. Santa Anna thereupon 
expressed repugnance to civilians and declared that he pre- 
ferred to deal with soldiers. 

Houston then asked how he expected to negotiate in view 
of what had happened at the Alamo? To which he replied 
that General Houston was aware of that rule of war which 
authorized putting to the sword the garrison of a fortress 
who, on summons, refused to surrender and by such refusal 
caused useless effusion of blood. General Houston replied 
that such had once been the rule, but he considered it obsolete 
and a disgrace to the age. He added, " But, General Santa 
Anna, you cannot urge the same excuse for the massacre of 
Col. Fannin and his men at Goliad. They capitulated, were 
betrayed and massacred in cold blood." Santa Anna replied, 
" If they capitulated I was not aware of it. Urrea deceived 
me and informed me that they were vanquished, and I had 
orders from my government to execute all that were taken 
with arms in their hands." General Houston replied with 
crushing truth : " Gen. Santa Anna, you are the government I 
A Dictator has no superior!" Santa Anna answered, "I 
have the order of Congress * to treat all that were found with 

I Here is the decree of the Mexican Congress, a body composed of the 
tools of Santa Anna : 

" 1. Foreigners landing on the coast of the Republic, or invading its ter- 
ritory by land, armed and with the intention of attacking our country, will 
be deemed pirates, and dealt with as such, being citizens of no nation, 
presently at war with the Republic and fighting under no recognized flag. 

" 2. All foreigners who shall import, either by sea or land, in the places 
occupied by the rebels (meaning the Texians), either arms or ammunition 
of any kind, for their use will be deemed pirates, and punished as such. 

II I send you these decrees, that you may cause them to be fully executed. 

" Jose Maria Tornel, Minister of War." 
" Mexico, December 20, 1835." 
This decree was undoubtedly inspired by Santa Anna. 



HISTORY OF TEXAS. 45 

arms in their hands, resisting the authority of the government, 
as pirates. Urreaf has deceived me. He had no authority to 
enter into any agreement; and, if I live to regain power, he 
shall be punished for it." 

He then submitted a proposition to issue an order to Gen- 
eral Filisola to leave Texas with the troops commanded by 
him. General Kusk replied that his chief being a prisoner, 
Filisola would not obey the order. Santa Anna thereupon 
said, such was the attachment of the officers and soldiers of 
the army to him, that they would obey his commands, what- 
ever they might be, without hesitation. General Rusk then 
said: " Colonel Almonte, tell Santa Anna to order Filisola 
and his army to surrender as prisoners of war." Santa Anna 
replied that he was but a single Mexican, but would do 
nothing that would disgrace either himself or his nation and 
his captors might do with him as they would. He said that 
he was willing to issue an order for Filisola to leave Texas. 
This proposition was finally agreed to and the following order 
was immediately issued: 

" Army of Operations, ) 

" Camp at Jacinto, April 22, 1836. 5 

" His Excellency, Don Vicente Filisola, General of Division : 
"Excellent Sir: Having yesterday evening with the 
small division under my immediate command, had an encoun- 
ter with the enemy, which, notwithstanding I had previously 
taken all possible precautions, proved unfortunate, I am, in 
consequence, a prisoner in the hands of the enemy. Under 
these circumstances, your Excellency will order General 
Gaono with his division, to countermarch to Bexar and wait 
for orders. Your Excellency will also, with the division 
under your command, march to the same place. The division 
under command of General Urrea will retire to Guadalupe 
Victoria. I have agreed with General Houston for an armis- 
tice, until matters can be so regulated that the war shall cease 
forever. 



46 HISTORY OF TEXAS. 

" Your Excellency will take the proper steps for the support 
of the army, which from this time remains under your com- 
mand, using the moneys lately arrived from Matamoros, the 
provisions on hand there, as well as in Victoria, and also the 
twenty thousand dollars withdrawn from Bexar, and now in 
that treasury. 

" I hope your Excellency will, without failure, comply with 

these dispositions — advising me, by return of the couriers, 

that you have already commenced their execution. God and 

Liberty. 

" Antonio Lopez de Santa Anna." 

At the same time, in two separate notes, Santa Anna 
directed Filisola to instruct all commanders not to permit any 
injury to the inhabitants of the country; and to order the 
commander at Goliad to release Miller's eighty men and all 
other Texian prisoners at that place. Santa Anna was then 
offered refreshments, of which he partook, and also a small 
quantity of opium, for which he asked. His servants, bag- 
gage, etc., were then brought to him. by Almonte and he was 
quartered near General Houston under the tree. 

In the meantime, to show the utter ignorance of the 
Mexicans of the real condition of Texas, at the time the 
battle was fought, the division of Gaona was crossing the 
Brazos at Fort Bend under orders to march directly for 
Nacogdoches, while there were more than enough men on 
that route, on the march to General Houston, to have defeated 
Gaona in a pitched battle. These men (in all four or five 
hundred) were citizens of Texas and volunteers from the 
United States. Those of them who were residents of Texas 
had been delayed by fears of an uprising of the Cherokees. 
At the time of the battle five companies were passing the 
Trinity at Bobbins' Ferry and others were hastening on behind 
to swell the ranks of Houston. A company of about fifty 
men under Capt. Jacob Eberly, had crossed the lower Brazos 
on the approach of Urrea and was on Galveston Bay. 



HISTORY OF TEXAS. 47 

Capt. John A. Quitman, of Natchez, Mississippi ("after- 
wards a United States General in the Mexican war of 1846- 
48), with twenty -five men, reached the battle ground on the 
22nd, having marched all the way on foot. 

On the 21st of November, 1835, 174 volunteers sailed for 
Texas on the brig Matawomkeag, from New York. Off the 
Bahamas, on the 9th of December, they were captured as 
pirates by the British man-of-war Serpent, Capt. Nepear, 
and carried into Nassau, N. P., where they were imprisoned 
until the 15th of January, and then released. Eenewing the 
voyage, they were detained at the Balize to get provisions. 
While there James H. Perry and Algernon P. Thompson went 
to New Orleans and thence to Texas. Both were in the 
battle of San Jacinto, Perry acting as volunteer aide to 
General Houston. Thompson was one of the first men to 
mount the Mexican breastworks. The brig entered Matagorda 
Bay late in March and the men disembarked. The troops 
were formed into a battalion under Major Edwin Morehouse, 
a Texian who sailed from New York with them, and after 
considerable delay set forth to find General Houston, entirely 
ignorant of his whereabouts. 

With S. Addison W 7 hite of the Navidad as their guide, they 
cut a road for eight miles through the dense bottom and cane- 
brakes of old Caney and passed the Bernard and then the 
Brazos, and though ten or twelve miles away, distinctly heard 
the thunder of the guns at San Jacinto. Though worn with 
fatigue, they hurried in the direction of the firing and arrived 
on the field early next morning. Some of them, including the 
twin brothers, Charles A. and John J. Ogsbury, marched the 
next day, under Captain Daniel L. Kokernot (acting under 
special orders from General Houston), to expel from the 
east side of the San Jacinto and the Trinity, a nest of tories, a 
list of whose names were found among the papers taken from 
the Mexicans, proving that they had be^en in treasonable com- 
munication with the enemy, against their own countrymen. 



48 HISTORY OF TEXAS. 

Kokernot and his followers drove the last one of the gang out 
of the country or into the jungles of the river bottom. 

The gallant soldier, Kokernot, nearly fifty years later, in 
writing of this inarch against the tOries, declines to mention 
a single name, because a number of them had worthy 
descendants in the country. Among that gallant band, so 
early and promptly coming from New York to the aid of 
Texas, were Edwin Morehouse, the commander, Win. H. 
Loring, afterwards a colonel in the United States army, a 
major-general in the Confederate army and later a general in 
the army of Egypt; Louis P. Cooke, afterwards secretary of 
the Texas Navy ; Charles de Morse, for forty-five years an 
editor in Clarksville and a colonel in the Confederate army ; 
James C. Allen, afterwards judge of Eefugio County ; Richard 
Owings, long a worthy citizen of Victoria; John H. Woods, 
still an honored citizen of St. Marys, Texas; John J. Ogsbury, 
a boy of seventeen, who died in the autumn of 1836 ; Charles 
A. Ogsbury, his twin brother (died in 1891 in Cuero), who 
distinguished himself not only as a soldier in 1836-37 in the 
Texian army, but subsequently as a participant in military 
operations against the Cherokees (in 1839 and 1840), and as 
a soldier in the Confederate army, and as newspaper editor 
for about twenty-five years, showing himself always a worthy 
descendant of the old Knickerbockers of Communipaw; 
Algernon P. Thompson, long a prominent lawyer of Houston 
and founder of The People, one of the first newspapers in 
the Republic ; James H. Perry (a West Pointer), volunteer 
aide to General Houston, he did not remain long in Texas, 
and afterwards was long pastor of a church in New York; 
— Stanley, a brilliant and dashing young man; — Foote, 
and — Steele, Louis P. Cooke, Wm. H. Loring, then seven- 
teen, James H. Perry. Foote and Steele were students at 
West Point and left the institution to join the Texian army. 

It will be seen that had the battle occurred a week later 
the effective force of Gen. Houston would have been about 



HISTOKY OF TEXAS. 49 

doubled, making a total of about 1,584 men, and in another 
week, fully 2,000. But these facts were unknown to the 
Texian general, they were among his hopes deferred — and 
that he was right in hazarding the fate of Texas when he did is 
proven by results. A similar victory over Ramirez y Sesma, 
when many wanted to fight on the Colorado, would have pro- 
duced no such results ; but would have left Santa Anna in 
possession of the western half of Texas with fully 6,000 
men — far more vigorous than when Houston attacked him on 
the San Jacinto. Santa Anna at the latter place had only 
1,600 or 1,700 men and one piece of artillery. Had General 
Houston had the power, as all his correspondence shows he 
had the desire, he could not have chosen a more favorable 
moment to strike the enemy a decisive and crushing blow than 
he did find and strike at San Jacinto. He stands vindicated 
before posterity as the master spirit in that clash of arms 
that gave liberty to Texas. He was sustained by Rusk, 
Adjutant-General; John A. Wharton, Hockley, the regimen- 
tal commanders, Burleson and Sherman, Lamar, and such 
commanders as Millard, Bennett, Somervell, Karnes, Allen, 
Baker, Billingsly, Neill, Logan, Ware, Heard, Collinsworth, 
Horton, Gillaspie, Moreland, Murphree, Romans, Hill, Wm. 
S. Fisher, Roman, Mclntire, Calder, Wood, Arnold, Ben 
Bryan, Kimbrough, Briscoe and Turner, who went into 
action to conquer or die. 

The personnel of Houston's army challenges comparison as 
to talent, courage and morale, with that of any body of men 
who ever went into action either in ancient or modern times. 

Here perhaps is an appropriate place to refer to certain 
subsequent events that gave pain to every honorable citizen 
of Texas. % I refer to personal animosities engendered between 
Gen. Houston on one side and President Burnet, Col. Sher- 
man, Col. Lamar, and others on the other side. Twenty years 
later bitter things were written on both sides, criminations 
and recriminations. General Houston, in a farewell speech 

4 



50 HISTORY OF TEXAS. 

in the senate of the United States, on the 28th February, 
1859, indulged in an unjust philippic against the gentlemen 
named. This was deeply lamented by his most devoted 
friends as well as the whole people. That those gentlemen 
fully vindicated themselves will be admitted by all familiar 
with the facts. Unfortunately, however, the controversy 
was bitter and acrimonious. It grew out of the campaign 
ending in the battle of San Jacinto. 1 

1 After some hesitation, I feel impelled to make the following statement. 
While temporarily residing in Mexico I came to Galveston on the schooner 
San Carlos, about the last day of March, 1869, and was given a supper by 
quite a number of old friends. The next day Mr. Willard Richardson, 
editor of the Galveston News, told me that the venerable ex-Presi- 
dent Burnet, residing in the family of Mrs. Perry, was anxious to see 
me, and offered to take me in his buggy. Touched very deeply by remem- 
brance of the kindness of President and Mrs. Burnet when I was a youthful 
printer in Austin in 1839 and 1840, I accompanied Mr. Richardson and Col. 
William T. Austin, who joined us with a pleasure that is yet a sweet 
remembrance. Meeting the venerable patriot and Christian citizen he 
said: " God bless you, my son; I have long wanted to meet you once more. 
I am alone, all are gone — wife and children. You and Moses Austin 
Bryan, each by a different title, are very dear to me." He then presented 
me his original commission as a Second Lieutenant of the Liberating Army 
of South America, signed by the patriot General Miranda, and dated January 
1st, 1806, saying: "jl have saved it for you, my son, because you love Texas 
and have always labored to exalt the character of her people in moral and 
political virtue." 

After a long and somewhat diversified conversation, in which three men, 
the youngest (myself) being forty-nine and the senior eighty-one, joined, 
with moistened eyes, I ventured to say: " President Burnet, I sorrow upon 
one point : It grieves my soul to think that some of the fathers of Texas 
were arrayed in personal antagonism. Most of them are dead; but you 
live and are a Christian man. Referring more particularly to General 
Houston, who has been in his grave nearly six years, may I ask if you 
harbor any bitterness towards him?" The old patriot promptly responded, 
as nearly as I can repeat his language, in these words : " I am glad you put 
the question and doubly glad to say to you, as I have often said to Mr. 
Richardson, that there dwells in my heart not one particle of bitterness 
towards General Houston. On the contrary, I believe he died a Christian, 
and Mrs. Houston is reported to be an admirable Christian lady and mother. 



HISTORY OF TEXAS. 51 

All of these patriots are entitled to the grateful remem- 
brance of posterity, and, without indulging in the task of res- 
urrecting their unfortunate personal antipathies, I dismiss 
the subject for the more congenial duty of recording, in ap- 
propriate places, their civic and military virtues. At least 
one biographer of General Houston, in this and kindred cases, 
and one historian in another, has resurrected and republished 
documents or letters written under misapprehension of facts 
and calculated to leave unjust stains on innocent men, which 
the former evidently afterward regretted. Such matter should 
have no place in permanent history. 



Bereft of my own children, I rejoice that she is blessed with several and all 
of good promise — one little girl I am told is a genius. The General's 
oldest son was wounded and captured during the war. Mine was killed at 
Mobile. It would have been a great pleasure to me if the boys had known 
each other and fought side by side." 

David G. Burnet was born in Newark, New Jersey, April 4th, 1788, and 
died in Galveston, December 5th, 1870, aged eighty-two years and eight 
months, the last of his family. His wife and three children were buried on 
his farm near Lynchburg and the battle ground of San Jacinto. His last 
child, Major Wm. Este Burnet, of the Confederate army, was killed in the 
battle of Spanish Fort, near Mobile, on the 31st of March, 1865 — only ten 
days before the surrender of Lee ; on which the stricken father wrote in the 
old family bible : " A victim to an unhappy war, and I only am left poor and 
desolate. Oh! My God! thy will be dooe and give me grace to submit 
cheerfully to it." The character and history of this tried and true patriot 
were remarkable. In 1806, when but eighteen, he was a Lieutenant under 
the patriot General Francisco de Miranda, fighting for the liberation of 
Venezuela, and again in 1808, greatly loved by his chief, who finally perished 
in prison in Spain. In 1817-18-19, in search of health, he lived two years 
with the wild Comanches, on the upper waters of the Colorado and Brazos. 
In 1826, with his young family, he became a permanent citizen of Texas; in 
1833, wrote the memorial to Mexico adopted by the convention of that year; 
•in 1834 became district judge of the department of Brazos and was the only 
judge who ever held a court in Texas before the revolution. From March 
18th to October 23rd, 1836, he was the first President of the Republic. 
From December, 1838, to December, 1841, he was Vice-President and, during 
most of the latter year, acted as President. He was a learned man and, 
through life, a sincere believer in Christianity. 



52 HISTORY OF TEXAS. 

In the Senate of the United States Thomas H. Benton once 
said: "Houston is the pupil of Jackson, and he is the first 
self-made general since the time of Mark Antony and the 
King Antigonus who has taken the head of the enemy and the 
head of the government prisoner in battle. Different from 
Antony, he has spared the life of his captive, though for- 
feited by every law, human and divine." 



CHAPTEE IV. 

President Burnet on the Battlefield — Negotiations with Santa Anna — 
Gen. Houston goes to New Orleans for Medical Treatment — Lamar's 
Protest against Treating Santa Anna as a Prisoner of War — Velasco 
Temporary Seat of Government. 

The news of the victory at San Jacinto reached President 
Burnet, on Galveston Island, on the 26th, and he and his 
cabinet, with Vice-President Zavala, reached the camp seven 
miles above the battle field on the 28th. There he was in- 
formed by Gen. Houston of the armistice with Santa Anna and 
of the order sent by the latter to Pilisola. The money 
captured ($18,184.00), after setting apart $3,000.00 for the 
navy, by a unanimous vote of the troops, was equally 
divided among the officers and men. The captured property 
was sold at auction. 

President Burnet entered into negotitions with Santa Anna. 
A minority of the cabinet (Robert Potter and, a few days 
later, Lamar, who succeeded Rusk as Secretary of War), 
opposed treating with Santa Anna ; because, first, being a 
prisoner, his acts would not be binding ; and, secondly, because 
he should be tried and executed for his crimes. To the great 
credit and honor of Texas wiser counsels prevailed. Presi- 
dent Burnet, in his address to the people, published in five 
articles in the summer of 1836, says: " Among the first in- 
cidents to that discussion, and before any cabinet meeting was 
had, was the presentation to me of the protocol of a treaty, 
in pencil, comprising seven or eight articles by Mr. Rusk, the 
Secretary of War." These placed in proper form formed 
the basis of a treaty. 1 Before any definite conclusions were 

1 Mr. Yoakum attributes the authorship of the protocol in pencil to Gen. 

(53) 



I 



54 HISTORY OF TEXAS. 

reached, the 5th of May arrived. On that day General 
Houston took temporary leave of the army to proceed to New 
Orleans for surgical treatment of the wound in his ankle. 
The bones were shattered. He was suffering greatly and there 
was danger of lockjaw. Before leaving he issued the follow- 
ing army order: , 

" Headquarters, San Jacinto, > 
May 5th, 1836. 5 

"Comrades: Circumstances connected with the battle of 
the 21st, render our separation for the present unavoidable. 
I need not express to you the many painful sensations which 
that necessity inflicts upon me. I am solaced, however, by 
the hope, that we will soon be re-united in the great cause of 
liberty. Brigadier-General Kusk is appointed to command the 
army for the present. I confide in his valor, his patriotism, 
and his wisdom. His conduct in the battle of San Jacinto 
was sufficient to insure your confidence and regard. 

" The enemy, though retreating, are still within the limits 
of Texas. Their situation being known to you, you cannot be 
taken by surprise. Discipline and subordination will render 
you invincible. Your valor and heroism have proved you 
unrivaled. Let not contempt for the enemy throw you off 
your guard. Vigilance is the first duty of a soldier, and glory 
the proudest reward of his toils. 

"You have patiently endured privations, hardships and 
difficulties. Unparelleled in bravery, you have encountered 
odds, two to one of the enemy against you, and borne your- 
selves in the onset and conflict of battle in a manner unknown 
in the annals of warfare. 

" While an enemy to our independence remains in Texas 
the work is incomplete, but when liberty is firmly established 
by your patience and valor, it will be fame enough to say : 

Houston, while President Burnet awards it to Gen. Rusk. It was probably 
their joint work, but the matter is not of material importance. 



HISTORY OF TEXAS. 55 

1 I was a soldier at San Jacinto.' In taking leave of my 
brave comrades in arms I cannot suppress the expression of 
that pride which I so justly feel in having had the honor to 
command them in person, nor will I withhold the tribute of 
my warmest admiration and gratitude for the promptness 
with which my orders were executed and union maintained 
throughout the army. At parting my heart embraces you 
with gratitude and affection. 

" Sam Houston, Commander-in-Chief" 

On the same day Thomas J. Rusk was commissioned as 
Brigadier-General by President Burnet, and placed in com- 
mand of the army. Although he has heretofore been given a 
military title, this is the first time he really held a military 
position. Col. Lamar was made Secretary of War, Col. War- 
ren D. C. Hall having temporarily filled that office after the 
accidental death of David Thomas, until the appointment of 
Col. Lamar to fill the vacancy. Several other cabinet changes 
were made, but for a time that body consisted of: 

James Collinsworth, Secretary of State ; Miarabeau B. 
Larnar, Secretary of War; Robert Potter, Secretary of the 
Navy; Peter W. Grayson, Attorney-General; Bailey Harde- 
man, Secretary of the Treasury, and John Rice Jones, Post- 
Master General, presided over by President David G. Burnet 
and Vice-President Lorenzo de Zavala. 

May 5th, 1836, the President and cabinet, General Hous- 
ton and Santa Anna and suite, proceeded on the steamboat 
Yellowstone to Galveston, and on the 11th, General Houston 
sailed for New Orleans on the schooner Flora. The great 
body of the Mexican prisoners were at this time removed to 
the island. There was then but one small house on the island 
and on the 8th the heads of the Texian government, with Santa 
Anna, sailed down to Velasco. In August the prisoners on 
Galveston Island were sent up to Liberty, in charge of Judge 
William Hardin, and there held in nominal captivity till the 



56 HISTORY OF TEXAS. 

25th of April, 1837, when all were released. Many of the 
common soldiers were so well pleased with the Texians that 
they sought homes among them and remained in the country, 
a sufficient answer to the falsehoods published by Delgado. 

At Velasco, on the 14th of May, a treaty was concluded 
with Santa Anna, though opposed by Secretaries Lamar and 
Potter. Col. Lamar's communication addressed to the Presi- 
dent and cabinet, is here given: 

After declaring that Santa Anna had placed himself with- 
out the pale of civilized warfare, he says : " The conduct of 
Santa Anna does not permit me to view him in any other 
light. A chieftain battling for what he conceives to be 
the rights of his country, however mistaken in his 
views, may be privileged to make hot and vigorous war 
upon his foe; but when, in violation of all the principles 
of civilized conflict, he avows and acts upon the revolting 
policy of extermination and rapine, slaying the surrender- 
ing, and plundering whom he slays, he forfeits the com- 
miseration of mankind, by sinking the character of the 
hero into that of the abhorred murderer. The President of 
Mexico has pursued such a war upon the citizens of this Re- 
public. He has caused to be published to the world a decree, 
denouncing as pirates beyond the reach of his clemency, all 
who shall be found rallying around the standard of our Inde- 
pendence. In accordance with this decree, he has turned over 
to the sword the bravest and the best of our friends and fel- 
low citizens, after the}' had grounded their arms, under the 
most solemn pledges that their lives should be spared. He 
has fired our dwellings, laid bare our luxuriant fields, excited 
servile and insurrectionary war, violated plighted faith, and 
inhumanly ordered the cold-blooded butchery of prisoners 
who had been betrayed into capitulation by heartless profes- 
sions. I humbly conceive that the proclamation of such 
principles, and the perpetration of such crimes, place the 
offender out of the pale of negotiation, and demand at our 



HISTORY OF TEXAS. 57 

hands other treatment than what is due to a mere prisoner of 
war. Instinct condemns him as a murderer, and reason justi- 
fies the verdict. Nor should the ends of justice be averted 
because of the exalted station of the criminal, nor be made to 
give way to the suggestions of interest, or any cold consider- 
ations of policy. He who sacrifices human life at the shrine 
of ambition is a murderer, and deserves the punishment and 
infamy of one; the higher the offender the greater reason for 
its infliction. I am therefore of the opinion that our prisoner, 
General Santa Anna, has forfeited his life by the highest of 
all crimes, and is not a suitable object for the exercise of our 
pardoning prerogative." 

Finding that these views were so much at variance with 
those of the President and a majority of the cabinet, he urged 
as the next best course to adopt, the detention of Santa Anna 
until a treaty of peace could be concluded with Mexico. " I still 
feel that strict justice," wrote Lamar, " requires this course ; 
that it is sustained by reason, and will receive the sanction of 
the present generation, as well as the approving voice of 
posterity. If the cabinet could concur with me in this view 
of the subject, and march boldly up to what I conceive to be 
the line of right, it would form a bright page in the history of 
this infant nation. It would read well in the future annals of 
the present period, that the first act of this young Eepublic 
was to teach the Caligula of the age that, in the administra- 
tion of public justice, the vengeance of the law falls alike 
impartially on the prince and the peasant. It is time that 
such a lesson should be taught the despots of the earth ; they 
have too long enjoyed an exemption from the common punish- 
ment of crime. Enthroned in power, they banquet on the 
life of man, and then purchase security by the dispensation of 
favors. We have it in our power now to give an impulse to 
a salutary change in this order of things. We are sitting in 
judgment upon the life of a stupendous villian, who, like all 
others of his race, hopes to escape the blow of merited venge- 



58 HISTORY OF TEXAS. 

ance by the strong appeals which his exalted station enables 
him to make to the weak or selfish principles of nature. Shall 
he be permitted to realize his hopes or not? Shall our re- 
sentment be propitiated by promises, or shall we move sternly 
onward, regardless of favor or affection, to the infliction of a 
righteous punishment? My voice is, 'Fiat justitia ruat 
caelum, 9 — let the same punishment be awarded him which we 
would feel bound in honor and conscience to inflict on a sub- 
altern, charged and convicted of a like offense. This is all 
that justice requires. If he has committed no act which would 
bring condemnation on a private individual, then let him be 
protected; but, if he has perpetrated crimes, which a man in 
humble life would have to expiate upon the scaffold, then why 
shield him from the just operations of a law to which another 
is held amenable? The exalted criminal finds security in 
negotiation, whilst the subaltern offender is given over to the 
sword of the executioner. Surely no considerations of inter- 
est, or policy, can atone for such a violation of principle. 
View the matter in every possible light, and Santa Anna is 
still a murderer. 

" It will be useless to talk to a soldier of San Jacinto about 
national independence, and national domain, so long as the 
bones of his murdered brethren are bleaching on the prairies 
unavenged. Treble the blessings proposed to be gained by 
this negotiation will be considered as poor and valueless, when 
weighed against the proud and high resentment which the sol- 
diers feel for wrongs received. In the day of battle the 
animating cry was « Alamo ! ' and why ? Because it was 
known that the slaughterer of the Alamo was then in the 
field ; it was him they sought. It was not against the poor 
and degraded instruments of his tyranny that we warred ; 
they fell, it is true, before our avenging strokes, like grass 
before the reaper's sickle. * * * The great difficulty 
in dealing with our prisoner as his crimes deserve, arises, as 
I have already intimated, from the fact that education will 



HISTORY OF TEXAS. 59 

not permit us to strip him of his ill-gotten honors, and view 
him in the light of a private individual. We are taught, by 
what we see around us in early childhood, to reverence wealth 
and power, and it is almost impossible in after life to eman- 
cipate the mind from the slavish thraldom, so that when we 
approach the guilty lords of creation, there is an involuntary 
shrinking back, as if we deemed them privileged in enormity, 
and not amenable to us for their outrages. We feel that we 
should not deal with him as we would with ordinary men. If 
a peasant, convicted of murder, shall offer a bribe for the preser- 
vation of his life, it meets with prompt and indignant repulsion ; 
but if a prince, under like circumstances, shall, in the fullness 
of his power, propose some lordly favor, it is accepted with 
avidity, as if it were, upon our part, a virtuous performance 
of duty. Besides this, we flatter ourselves that there is noth- 
ing wrong in the transaction because we are not personally 
and privately the beneficiaries of the bargain ; but certainly 
the right or wrong doth not depend upon who are the recip- 
ients, whether the public or an individual. If we have a 
right thus to act for the good of the nation, we can do the 
same for the good of the community ; and if for a community 
we can for a family; and if for a family, why may not that 
family be our own? This mode of reasoning will readily 
exhibit the fallacy, if not the immorality, of that doctrine 
which draws a distinction between a high and a low offender, 
and justifies a negotiation with the one which would be 
odious and criminal in another." 

Lamar was a Georgian. He had visited Texas with the 
intention of becoming a citizen, in July, 1835, but in conse- 
quence of the closing of the land offices he could not obtain 
an order for' his head-right and so returned temporarily to 
Georgia, but hastened his return to Texas as soon as he 
learned of the advance of the Mexicans. He landed at 
Velasco not far from the time of the Goliad massacre. Fan- 
nin and the flower of his division were Georgians Many of 



60 HISTORY OF TEXAS. 

them belonged to families whom Lamar knew personally. 
He writes thus of them: " Never did the broad light of 
day look upon a fouler murder ; never were a better or braver 
people sacrificed to a tyrant's ferocity. The most of them 
were youthful heroes." 

He considered his views as safe in policy as they were 
sound in principle. 

" I have always thought,'' Lamar said, " and still believe 
that our sole reliance should be upon our swords and not 
upon the faith of Santa Anna. If the armies now on the 
retreat shall dare a countermarch, there will not be in the 
next battle a Mexican left to tell the tale of their defeat; and 
if another expedition against us shall be gotten up in the fall 
or in the spring, there will come into our country such a caval- 
cade of heroes as will make their chivalry skip. The very 
first army that turns its face to the east will awaken a war 
which will move onward and onward over the broad prairies 
of the west, knowing no termination until it reaches the walls 
of Mexico, where we shall plant the standard of the single 
star, and send forth our decrees in the voice of our artil- 
lery." 

After declaring his readiness to yield to the acts of the 
majority of the cabinet in the settlement of this embarras- 
sing, question he concluded as follows: " That my feelings 
and opinions may not be misapprehended, I beg leave by 
way of recapitulation, to state, that, towards the common 
soldiers among the Mexican prisoners, I cherish no malice or 
resentment, looking upon the most of them in the light of 
unwilling instruments in the hands of tyranny ; neither can I 
perceive in the conduct of the officers any particular acts 
which might not be considered as legitimate in a soldier de- 
voted to his profession, or in a patriot enlisted in the cause of 
his country. These, after an exchange of prisoners, I would 
retain in the custody of the government until the conclusion 
of the war; but viewing Santa Anna altogether in a different 



HISTORY OF TEXAS. 61 

attitude, I would adopt the course in reference to him which 
I have already urged." 

General Jackson, then President of the United States, did 
not agree with Lamar. On the 4th of September he wrote 
to Houston as follows: " I take the liberty of offering a 
remark or two upon a report which is current here, that Santa 
Anna is to be brought before a military court to be tried 
and shot. Nothing now could tarnish the character of Texas 
more that such an act as this. Sound policy as well as 
humanity approved of the counsels which spared his 
life. * * * His person is still of much consequence to 
you. He is the pride of the Mexican soldiers, and the 
favorite of the priesthood. While he is in your power, the 
difficulties of your enemy in raising another army will continue 
to be great. The soldiers of Mexico will not willingly march 
into Texas, when they know that their advance may cost 
their favorite general his life. Let not his blood be shed 
unless imperious necessity demands it, as a retaliation for 
future Mexican massacres. Both wisdom and* humanity 
enjoin this course in relation to Santa Anna." 

From Fort Jessup, La., on the 3rd of August, 1836, 
General Edmund P. Gaines, of the United States army, 
wrote General Houston : " No inconsiderable portion of your 
fame, resulting from your late campaign, the great victory of 
San Jacinto, will be found in the magnanimity and moral 
courage displayed by you in preserving the lives of your 
prisoners, and more especially the life of President Santa 
Anna, when taken in connection with the great provocation 
given in his previous conduct at the Alamo and at Goliad. 
The government and the infant republic of Texas will derive 
imperishable fame from their and your forbearance in this 
case. All civilized and enlightened men, in all time and 
geographical space, will unite in filling the measure of glory 
and honor due for such magnanimity, forbearance and 
humanity." 






62 HISTORY OF TEXAS. 

Having thus given the opposing views on the subject, the 
treaty is here presented: 

! 

THE TREATY, MAY 14, 1836. 

" Articles of an agreement entered into between his Excel- 
lency, David G. Burnet, President of the Eepublic of Texas, 
of the one part, and General Antonio Lopez de Santa Anna, 
President and General-in-Chief of the Mexican army of the 
other part. 

" Art. 1st. General Antonio Lopez de Santa Anna agrees 
that he will not take up arms, nor will he exercise his influ- 
ence to cause them to be taken against the people of Texas 
during the present war of Independence. 

" Art. 2nd. All hostilities between the Mexican and Texian 
troops will cease immediately, both on land and water. 

" Art. 3rd. The Mexican troops will evacuate the territory 
of Texas, passing to the other side of the Rio Grande del 
Norte. 

" Art. 4th. The Mexican army, in its retreat, shall not take 
the property of any person without his consent and just in- 
demnification, using only such articles as may be necessary 
for its subsistence when the owner may not be present ; and 
remitting to the commander of the Texas army, or to commis- 
sioners, to be appointed for the adjustment of such matters, 
an account of the value of the property consumed, the place 
where taken, and the name of the owner if it can be ascer- 
tained. 

" Art. 5th. That all private property, including cattle, 
horses, negro slaves, or indentured persons of whatever 
denomination, that may have been captured by the Mexican 
army, or may have taken refuge in said army, since the com- 
mencement of the late invasion, shall be restored to the 
commander of the Texian army or to such other persons as 
may be appointed by the government of Texas to receive them. 



HISTORY OF TEXAS. 63 

* 

" Art. 6th. The troops of both armies will refrain from 
coming into contact with each other, and, to this end, the 
commander of the army of Texas will be careful not to 
approach within a point nearer than five leagues of the 
Mexican army. 

"Art. 7th. The Mexican army shall not make any other 
delay on its march than that which is necessary to take up 
their hospitals, baggage, etc., and to cross the rivers; any 
delay not necessary to these purposes to be considered an 
infraction of this agreement. 

" Art. 8th. By express, to be immediately dispatched, this 
agreement shall be sent to General Filisola and to T. J. Kusk, 
commander of the Texian army, in order that they may be 
apprised of its stipulations, and to this end they will exchange 
engagements to comply with the same. 

" Art. 9th. That all Texian prisoners now in possession of 
the Mexican army or its authorities, be forthwith released and 
furnished with free passports to return to their homes, in 
consideration of which, a corresponding number of Mexican 
prisoners, rank and file, now in the possession of the Texian 
government, shall be immediately released. The remainder 
of the Mexican prisoners that continue in possession of the 
Texian government to be treated with due humanity; any 
extraordinary comforts that may be furnished them shall be 
at the expense of the Mexican government. 

"Art. 10th. That General Antonio Lopez de Santa Anna 
shall be sent to Vera Cruz as soon as it shall be deemed proper. 

" The contracting parties sign this instrument for the above 
mentioned purposes, hy duplicates at the port of Velasco, this 
14th of May, 1836. 

" David G. Burnet, 

" Antonio Lopez de Santa Anna. " 

" James Collinsworth, Secretary of State. 

" Bailey Hardeman, Secretary of Treasury. 

"P. W. Grayson, Attorney -General. " 



64 HISTORY OF TEXAS, 



THE SECRET TREATY. 

" Port of Velasco, May 14, 1836. 

"Antonio Lopez de Santa Anna, General-in-Chief of the 
Army of Operations and President of the Republic of Mexico 
before the government established in Texas, solemnly pledges 
himself to fulfill the stipulations contained in the following 
articles, so far as concerns himself: 

" Art. 1st. He will not take up arms, nor cause them to 
be taken up, against the people of Texas, during the present 
war for Independence. 

" Art. 2nd. He will give his orders that in the shortest 
time the Mexican troops may leave the territory of Texas. 

" Art 3rd. He will so prepare things in the cabinet of 
Mexico, that the mission that may be sent thither by the gov- 
ernment of Texas may be well received, and that by means 
of negotiations all differences may be settled and the inde- 
pendence that has been declared by the convention may be 
acknowledged. 

" Art. 4th. A treaty of amity, comity, and limits will be 
established between Mexico and Texas, the territory of the 
latter not to extend beyond the Rio Bravo del Norte. 

"Art. 5th. The present return of General Santa Anna 
to Vera Cruz, being indispensable for the purpose of effecting 
his solemn engagements, the government of Texas will pro- 
vide for his immediate embarkation for said port. 

" Art. 6th. This instrument being obligatory on the one 
part, as well as on the other, will be signed in duplicates, re- 
maining folded and sealed until the negotiations shall have 
been concluded, when it shall be restored to His Excellency, 
General Santa Anna, no use to be made of it during that time, 



HISTORY OF TEXAS. 65 

unless there should be an infraction by either of the contract- 
ing parties. 

" Antonio Lopez de Santa Anna. 
David G. Burnet." 
" James Collinsworth, Secretary of State. 
" Bailey Hardeman, Secretary of Treasury \ 
" Peter W. Grayson, Attorney- General." 



Secretary Lamar was not in accord with this treaty, but 
thought it very good, if a treaty had to be made. The Secre- 
tary of the Navy, Robert Potter, was violently opposed to it — 
especially to the 10th article. In a letter to President Burnet 
of May 12th, from the post of Galveston, he writes : " I learn 
from authentic information that Mr. Loring, the officer who 
fell into their (the Mexicans') hands from the Invincible, was 
butchered by Thompson, and that about 20 others, taken at 
San Patricio, were to be shot the next day. This information 
seems to me to demand a revival of the question, already 
debated with much feeling in the cabinet, as to the proper 
mode of dealing with our prisoners. It is my clear conviction 
heretofore expressed in cabinet council, that Santa Anna and 
his officers should be hanged and the privates condemned 
to servitude for life." Mr. Potter's information was in part 
untrue. The prisoners to whom he refers escaped. 

5 



CHAPTEK V. 

Retreat of Filisola — Gen. Adrian Woll — Indian Massacres and Captures — 
Burial of Fannin's slaughtered Heroes — Grayson and Collinsworth sent 
as Commissioners to the United States. 

We will now return to Filisola at Fort Bend. The news of 
the overthrow of Santa Anna, speedily confirmed, caused a 
panic in his camp. Before Santa Anna's order of the 22d 
reached him he had caused Gaona's division to recross the 
Brazos and commenced a hasty retreat. At Mrs. Powell's 
farm, fifteen miles from Fort Bend, he had concentrated his 
troops, including Urrea's advance division. He admits hav- 
ing had 4,078 men, but probably had over five thousand. 
This was April 25th, only four days after the battle. A 
council of the generals was held in which they agreed to re- 
treat beyond the Colorado, open communication with the 
capital and await advice and assistance. The retreat was dis- 
orderly, the roads being strewn with carts, muskets and other 
effects impeding the progress of infantry. On the 28th, 
before reaching the Colorado, Deaf Smith overtook them 
bearing Santa Anna's order of the 22d. 

Filisola replied to Santa Anna that he would cross the 
Colorado, and do no hostile act, unless compelled so to do in 
necessary self-defense, and that he would respect the rights of 
property as provided in the armistice. But to avoid all danger 
of a misunderstanding, he sent General Adrian Woll, under a 
flag of truce, to get a fuller explanation of the intent and 
meaning of the armistice. General Woll arrived and was 
courteously received ; but his imprudence excited the ire of 
the soldiery, and, though provided with the necessary safe 
conduct, signed by President Burnet, he was stopped and 
(66) 



HISTORY OF TEXAS. 67 

taken back to camp, by some of the scouts, after the govern- 
ment had left for Galveston. After an insignificant delay, he 
was sent on to Velasco, where the president furnished an escort 
to conduct him to the retreating Mexican army. 1 Filisola, 
however, did not halt on the west side of the Colorado, but 
continued his retreat to Victoria and Goliad, over muddy 
roads and with scant provisions. His troops were greatly 
demoralized and retreated in a disorderly manner. Capt. 
Juan N. Seguin, who had, as an officer in the Texian army, 
commanded a detachment of Mexicans in the battle of San 
Jacinto, did good service in watching and reporting the retro- 
grade movements of Filisola. 

Col. Burleson was dispatched with an advance column to 
follow and watch the movements of Filisola, but with in- 
structions not to molest him, unless he committed some overt 
act. Capt. Karnes, as commander of scouts, served under 
Burleson. 

Gen. Eusk, with the army, reached Goliad, the extreme 
post on the frontier — beyond which, to the Rio Grande, 
there lay an unbroken and uninhabited wilderness, and went 
into camp. 

Captains Ben Fort Smith and Henry Teal, as commissioners 
appointed for that purpose by President Burnet, were ordered 



1 Adrian Woll, of French descent, was born on the frontier of France 
and Switzerland, and educated for the military profession. He arrived in 
Baltimore in 1816, with letters to General Winfleld Scott, commending him 
as a young man of promise. In that city he joined the expedition of the 
patriotic but unfortunate Spanish General, Francisco Xavier Mina, and en- 
tered Mexico, at Soto la Marina, with him. While his chief perished, he 
survived the revolution and was retained in the Mexican army, to become a 
general of some distinction, adhering from first to last, to the fortunes of 
Santa Anna. He commanded the expedition of fourteen hundred men, who 
captured San Antonio, took as prisoners the district court of San Antonio 
and citizens to the number of fifty persons, on the 11th of September, 1842, 
but was defeated in a pitched battle on the Salado, on the 18th, and hastily 
retreated. On Santa Anna's downfall in 1855, he returned to his native 
place and died there. I received his early history from his own lips, in 1855. 



6& HISTORY OF TEXAS. 

to overtake Filisola and present to him for ratification the 
treaty of the 14th of May, between Santa Anna and the Texian 
government. They were also empowered by General Kusk, 
as Texian commander, to ratify the treaty, in a military 
point of view, in conjunction with Filisola as commander of 
the Mexican army. They overtook Filisola on the 25th of May 
on a creek between Goliad and San Patricio, and he appointed 
Generals Tolsa and Amat, who signed the ratification with 
them. The treaty was also ratified and signed by Filisola 
and Kusk. Thereupon Filisola, unmolested, continued his 
retreat to Matamoros, having previously sent forward Urrea, 
with nine hundred men, to prevent the commencement at 
that place of an apprehended revolution, adverse to Santa 
Anna. 

With the treaty, through Captains Smith and Teal, Santa 
Anna sent the following letter to Filisola : 

'• Excellent Sir: Annexed I send to your Excellency 
the articles of the agreement, entered into by me, with his 
Excellency, David G. Burnet, President of the Eepublic of 
Texas, for your information and fulfillment of the same to its 
full extent, in order that no complaints may arise tending to 
cause a useless rupture. I expect to receive, without delay, 
your Excellency's answer by this same opportunity. Accept 
in the meantime my consideration and regard. God and 

Liberty. 

" Antonio Lopez de Santa Anna." 

To this letter Filisola replied on the 25th, as follows : 

4 'Excellent Sir: When on the point of taking up my 
march with the army which I have the honor to command, I 
received your Excellency's communication announcing the 
agreements made by your Excellency with the commander 
of the Texian forces. Previous to the reception of those 
agreements I was disposed to obey your prior orders, com- 



HISTORY OF TEXAS. 69 

municated to me officially. In fulfillment of them I was 
already on my march, and continued therein on this very 
day ; nor shall there be any other delay than what may be 
absolutely necessary for transporting the sick, trains, stores 
and munitions of war, as is provided for in the treaty. 
Inasmuch as the said treaty is duly drawn up, agreed to, and 
ratified by your Excellency in the character of President of 
the Republic, and commander-in-chief of the army of opera- 
tions, I cannot fail to obey it in all its parts, and have acted 
in conformity since the commencement, for I have scrupu- 
lously performed that part respecting property [appropriat- 
ing everything movable that came in his way, prisoners 
he had none,] and payment for what has been furnished 
to the army for its subsistence. Agreeably to the treaty 
aforesaid, I will also enter into arrangements with the com- 
mander of the Texian forces for a mutual fulfillment of its 
stipulations and adjustment of claims that may arise. God 

and Liberty. 

"Vicente Filisola." 

About this time Filisola received instructions from the 
acting government in Mexico to negotiate for the release of 
Santa Anna ; to secure Bexar and the western ports ; and to 
save the remainder of the army by concentrating it at a place 
convenient for receiving provisions, and to retreat no farther, 
as he would soon be re-inforced by four thousand troops, 
to be sent by sea from Vera Cruz. Filisola had more wisdom 
than the government, a thousand miles distant. He continued 
his retreat, losing many men from starvation and thirst, and 
was glad, with the utterly demoralized remnant of his army, 
to recross the Eio Grande. The promised four thousand 
Mexican soldiers were never sent from Vera Cruz. 1 



1 To add to the calamities of the times there were enacted many bloody 
scenes disconnected with the Mexican invasion. Pending the siege of the 
Alamo, the moving family of John Hibbins, at a point in Lavaca County, 



70 HISTORY OF TEXAS. 



BURIAL OF THE DEAD OF FANNIN'S MEN. 

On the morning of June 3d, the army was paraded within 
the fort. A procession was formed with Col. Sidney Sherman 
in command ; minute guns were fired and they marched to the 

near the present town of Shiner, was attacked by Indians. He and George 
Creath, a brother of his wife, were killed, and Mrs. Hibbins, a little son and 
her infant child, were carried into captivity — the infant to be killed — she 
to escape at a point near where the city of Austin now stands and the son to 
be recovered a few days later, after a gallant fight, by a party of rangers 
under Captain John J. Tumlinson. 

Within a few hours of this attack on the Hibbins family, Douglass? 
Dougherty, and their families were attacked by Indians at a point about 
twelve miles south of the place where the Hibbins family were assailed. 
Only two young sons of Douglass escaped the butchery that followed. On 
the 19th of May, a cluster of cabins known as Parker's Fort, two or three 
miles north of the present town of Groesbeck, in Limestone County, was 
surrounded by a large body of Indians. John Parker, senior, a Baptist 
preacher, his married son, Silas, and his single son, Benjamin F., and Samuel 
M. Frost and his son Kobert were killed. Mrs. Rachel Plummer, daughter 
of James W. Parker, and her child; and Cynthia Ann and John Parker, 
children of Silas Parker, and Mrs. Elizabeth Kellogg were carried into 
captivity. Mrs. Plummer was ransomed about twenty months afterward, 
and her son at a later day. Cynthia Ann Parker remained among the Indians 
until the 18th of December, 1860 (24 years and 7 months), when she was 
rescued by L. S. Ross, then captain of a company of rangers and in after 
years Governor of Texas. Mrs. Kellogg was recovered a few months after 
her capture. John Parker was never ransomed nor retaken, but many years 
later took up his abode in Mexico, where he continued to live among the 
Indians. The elder Mrs. Parker and Mrs. Duty were terribly wounded and 
they with others, numbering in one party of eight (4 men, 2 women and 2 
children), and in another twenty-one persons (2 men and 19 women and 
children), escaped and, after great suffering during six days, reached the 
settlement of Fort Houston, now Palestine. A few weeks later, in June, 
the inhabitants of a settlement at the three forks of Little River, in Bell 
County, just returned from their retreat east from the Mexicans, were com- 
pelled to seek safety from the Indians by removing to Nashville on the 
Brazos. There were eleven men and boys able to bear arms, and Mrs. 
Goldsby Childers and three daughters. On the way they were attacked by 
about a hundred Indians. The Rev. Mr. Crouch and Robert Davidson, 
whose families were still at Nashville, were killed. The others made a 
heroic defense and escaped. From these incidents and the account pre- 



HISTORY OF TEXAS. 71 

solemn strains of martial music to the grave, where the 
remains, charred beyond recognition, were deposited. Gen. 
Rusk, in a brief address, recalled " the heroism of the brave 
band who had so nobly thrown themselves a barrier between 
the people of Texas and the legions of /Santa Anna" 

As he dwelt for a moment upon the price of the holocaust, 
the effect was electrical. Standing around the grave the 
men, — among whom were five who, having escaped the mas- 
sacre, were chief mourners, with quivering lips and trembling 
with excitement, were ready under the slogan, " Remember 
Goliad," for a repetition of San Jacinto. 

The next day, General Andrade, marching from San 
Antonio to join Filisola at San Patricio, stopped before reach- 
ing Goliad and asked permission of Gen. Rusk for his army 
to pass along the Goliad road. Gen. Rusk replied that, 
should any portion of the Mexican army come within 
sight of his men, he could not be responsible for the conse- 
quences. Andrade cut a road seven miles through the Chap- 
parral to intersect the road to San Patricio and made a new 
crossing of the San Antonio River for his artillery and 
baggage. 1 

DO O 

A few days later Filisola, having passed westward into the 
wilderness, the Texian army fell back to Victoria. On the 
30th of May President Burnet commissioned and dispatched 
James Collinsworth and Peter W. Grayson to the government 
of the United States to seek the recognition of Texas as an in- 
dependent republic and also to broach the question of annex- 
ation. Wm. H. Wharton, Stephen F. Austin, and Branch T. 

viously given of the slaughter on the 2d of April, on the Nueces, of eleven 
of Beales' colonists and the capture of two women and three children, it 
will be seen how the pioneers, at five different places, covering a frontier 
line of three hundred and fifty miles, were scourged by savages, as the 
remorseless Santa Anna waged a war of extermination against the people 
of Texas. 

1 Before leaving San Antonio, Andrade dismantled the Alamo, in viola- 
tion of the military agreement. 



72 HISTORY OF TEXAS. 

Archer, appointed by the consultation in the previous Novem- 
ber, had gone as commissioners to the United States to seek 
aid and volunteers from the people, but in the nature of things 
were not accredited in any diplomatic sense, to the government 
of that country. These three gentlemen accomplished great 
good for the cause of Texas in procuring money and hasten- 
ing forward volunteers, munitions and provisions. They also 
did immense service in presenting to the people of the United 
States the true grounds upon which Texas took up arms, and 
thereby drew to the Texian cause the sympathy of people in 
every section of the Union. Hence volunteers came from all 
sections — from Maine, Vermont and New Hampshire to. the 
extreme west; from central States and all parts of the south. 
With independence declared in March and won in April, it 
was necessary for these gentlemen to be superseded by repre- 
sentatives from the Republic accredited directly to the gov- 
ernment of the United States. President Burnet promptly 
realized this changed condition and, at the earliest practicable 
moment, sent forward Messrs. Collinsworth and Grayson, 
men of eminent ability. Unfortunately they reached Wash- 
ington after the adjournment of Congress, and this involved 
delay until the succeeding session. 

Messrs. Austin, Wharton and Archer reached home late in 
June. Austin arrived at Velasco on the 27th of that month, 
and at once rendered important service, as we shall see later, 
in regard to the apprehended hostilities by the Cherokee 
Indians. 



CHAPTER VI. 

Santa Anna Embarked for Vera Cruz, but Disembarked by a Military Mob — 
Gen. Houston in New Orleans — An Outrageous Letter from Malcontents 
in the Army to President Burnet, and his stunning reply — Santa Anna's 
protest and President Burnet's reply. 

We come now to a review of the scenes over which, if duty 
permitted, I would throw the veil of oblivion. On the first 
day of June, Santa Anna and his suite were embarked on the 
war schooner Invincible, Capt. Jeremiah Brown , to be sent 
to Vera Cruz, in order that he might fulfill the stipulations of 
the treaty entered into with him. Bailey Hardeman and 
Vice-President Zavala were to accompany him to Yera Cruz. 
From several causes, however, the Invincible was delayed 
until the 3rd. Just before embarking on the first Santa 
Anna, when he had no reason to apprehend detention and 
considered himself virtually set free, under the sanction of 
the treaty, wrote the following farewell to the Texian army 
and had several copies distributed : 

" Velasco, June 1, 1836. 
" My Friends: 

I have been a witness of your courage on the field of battle, 
and know you to be generous. Kely with confidence on my 
sincerity, and you shall never have cause to regret the kind- 
ness shown me. In returning to my native land I beg you 
to receive the thanks of your grateful friend, 

" Antonio Lopez de Santa Anna." 

On the 3d the steamer Ocean arrived from New Orleans 
with about two hundred and fifty volunteers, nominally, at 
least, under command of Thomas J. Green. 

(73) 



74 HISTORY OF TEXAS. 

J. Pinkney Henderson and Memucan Hunt were passen- 
gers on the vessel. It was the first arrival of Messrs. Hen- 
derson and Hunt in Texas. There was considerable opposition 
among the citizens to the release of Santa Anna, and these 
newly arrived volunteers, utter strangers in the country and 
utterly ignorant of the condition of affairs, demanded his 
detention. 

President Burnet, for the time being, was unable to offer 
effectual resistance and, therefore, sent Messrs. Henderson, 
Hunt, Hardeman, and Ben Fort Smith to explain matters 
to Santa Anna and bring him ashore, which was done. He 
was landed at Quintana and placed under a guard com- 
manded by a man whom Green assured the president was 
trustworthy and a gentleman, but who proved to be other- 
wise. 1 



1 Green, in his defense, in regard to this matter, published years later, 
says : " Landing at Quintana, on the western bank, we met President Bur- 
net and surrendered the prisoner to him. He turned to me and said, ' 1 
deliver the prisoner over to your charge and shall hold you responsible for 
his safe keeping.' " 

This is contrary to the statement of President Burnet, as the two fol- 
lowing letters show. The first was published in the New Orleans Bulletin 
and copied into El Correo Atlantico, a Spanish paper in that city: 

" Velasco, June 4, 1836. 
" We arrived at Galveston, May 30th, and on the 2d of June were ordered 
to repair to this place, where we arrived on the same evening on board the 
Ocean. We found the place in great confusion in consequence of the 
cabinet having sent Santa Anna on board of a vessel to send him home, for 
the purpose of having a treaty ratified which was made by them. The 
people were opposed to his going, but had not an individual commissioned 
to be their leader. On the morning of the 3d instant I came forward as 
their leader, and formed my company, equipped for service, and sent to the 
cabinet to have Santa Anna and his suite brought on shore. There was at 
first some objection, but they at last complied, and I now have him and 
suite in my charge. He was delivered over to me to-night, and I am at this 
time on duty with a strong guard under my command. Gen. Cos and four 
or five hundred Mexicans are still on Galveston Island as prisoners. 

" H. A. HUBBELL." 



HISTORY OF TEXAS. 75 

When Gen. Houston sailed for New Orleans, on the 11th 
of May, he left an address to the troops then on Galves- 
ton Island and those who might subsequently arrive, in which 
he said that obedience to the constituted authorities and laws 
of the country, was the first duty of a soldier, and that it 
would adorn the soldiers' martial virtues, and qualify him for 
the highest rights. of citizenship. 1 

On the day that Santa Anna was taken from the vessel 
(when President Burnet, his family and cabinet were desti- 
tute of every comfort, and living in mere huts,) President 
Burnet received an extraordinary communication from the 
army, then at Victoria, prompted by a mass meeting in the 
camp. The complainants said that they were citizen sol- 
diers — the bone and sinew of the country, an^d that they 
claimed the privilege, as freemen, to speak freely and 
plainly and would do so in a tone devoid of passion. 
They said that they had battled cheerfully for their coun- 
try and had defeated and taken prisoner the author of all the 

On the arrival of the paper containing this letter in Velasco, the President 
addressed this note to Brigadier-General Thomas J. Green: 

" Executive Department, Velasco, \ 

July 1, 1836. J 
st Sir : I enclose you a copy of a letter found in El Correo Atlantico, and 
published originally in the New Orleans Bulletin. This redoubtable 
1 leader ' is, I presume, the same you introduced to me as a confidential 
officer, to whom the custody of the prisoner might be committed with per- 
fect safety. If he had been known as the author of the letter enclosed (in 
which it is difficult to determine whether impudence or falsehood predom- 
inates), he certainly would never have borne a commission in the service 
of Texas, with the approbation of the government. You will please signify 
this to Capt. Hubbell, whose speedy resignation would be very cheerfully 
accepted, and would save me the trouble of a more peremptory suggestion. 

" Your obedient servant, 

" David G. Burnet." 

iFrom New Orleans, June the 4th, he wrote to Col. Lamar: " My wound 
has improved. Some twenty or more pieces of bone have been taken out of 
it. My general health -seems to improve slowly. It is only within the last 
four or five days that I have been able to sit up any portion of the day." 



76 HISTORY OF TEXAS. 

disasters under which the country had groaned. The neglect 
of the government even to express congratulations and its 
action in leaving them still in camp, without even sufficient 
beef and with no provisions made for their relief, had exasper- 
ated them beyond endurance: " Especially, " they declared, 
" when on Galveston Island, there was an abundance of pro- 
visions and three steamboats which could have brought them 
to us in thirty-six hours." They said that they had advanced 
to the Brazos where supplies had been promised them, and 
next to Cox's Point, but were in each instance disappointed in 
their just expectations. The following is an extract from the 
communication: " We are now here and have lately suffered 
for the want of beef itself. Under these circumstances, we 
have still to continue the march with no other prospect than 
that of great suffering before us. And to whom' are we to 
charge these injuries? Surely to you, as the President of 
the Republic." They added that it was their belief that Mex- 
ico would renew the war, and that the government (which 
they charged with apathy) should immediately proceed to 
draft men and enlist regulars so as to be in a state of readiness 
to meet the foe. " Of the proposed release of Santa Anna," 
they said, "we heard with indignation that the proposition has 
been seriously debated by you and your cabinet as to the 
policy of turning him loose, and that some of you propose 
his liberation. That we should suspect the purity of the 
motive, which suggested such a policy, you must not doubt. 
It is well known by whom he was captured and at what risk, 
and we will not permit him to be liberated until a constitutional 
congress and president shall determine that it is expedient, 
and should he be liberated without the sanction of Congress, 
the army of citizen-soldiers will again resume the privilege of 
putting down the enemies of Texas; for we do not believe in 
treating with a prisoner. We abhor the idea of interfering 
with the management of the government. * We consider the 
principle dangerous, and that it ought only to be resorted to 



HISTORY OF TEXAS. 77 

in extreme cases; and in order to avoid all difficulty and 
prevent the occurrence of a dangerous example, we request 
you will order elections for members of Congress; and the 
necessary officers of government forthwith, and that Congress 
be called together at least in two months, in order that the 
government may be organized and that we may have one of 
laws and not force. * * * In conclusion, we repeat to you 
that Santa Anna must be safely secured, and placed at the 
disposition of the coming Congress. With the earnest de- 
sire that your views may coincide with our own, and that peace 
and prosperity may shortly pervade the country, we have the 
honor to be," etc. 

On the next day, June 4th, the President replied to this 
strange and unfounded indictment against him and his cabinet. 
He expressed profound regret that the victors in the glorious 
battle of San Jacinto, should conceive that great injury had been 
done them by him and his administration, but comforted him- 
self with the belief that, " as the brave were ever generous," 
they would see their mistake when the plain facts were pre- 
sented to them. 

He reminded them of a fact which he said was " painfully 
impressed " upon his memory (t. e. the distraction of the 
country following the fall of the Alamo), and said that when 
his administration came into office, the country was destitute 
of everything necessary to sustain an army. 

They had charged, he said, that while they were suffering 
for the necessities of life in camp, those who fled before the 
enemy were " rioting in the abundance of the public stores," 
and replied that before the government was informed of the 
victory achieved at San Jacinto (which was not until the 
26th), a steamboat had left Galveston with supplies for the 
army, but some accident to her boiler had compelled her com- 
mander to anchor at Eedfish bar and that another was sent as 
soon as practicable, and reached the army at Buffalo bayou. 
After that the steamboat Laura, he said, was chartered, and 



78 HISTORY OF TEXAS. 

loaded with supplies to meet them at Fort Bend, but during a 
high wind that prevailed for several days, her boiler sprang a 
leak, and the government was informed of it after they supposed 
the soldiers were enjoying the cargo, and the government then 
hastened to load the schooner Express, and at the time of 
writing, the schooner Columbus, with Commissary Forbes on 
board, was preparing to leave with supplies to be landed at 
Copano. He called attention to his efforts to improve fiscal 
affairs so that better provision could be made for the support 
of the government and said that even the women and children 
on the island had been provided only with the necessaries of 
life, and there certainly had been no " rioting in the public 
stores." 

As to the disposition to be made of Santa Anna, he re- 
minded them that that officer had surrendered himself a pris- 
oner of war, and had been received as such by the com- 
mander-in-chief, and that a treaty had been made, and Santa 
Anna was duly performing part of his stipulations and the 
Mexican troops were leaving the country. 

President Burnet said that although Santa Anna had been 
called a murderer, he knew of no principle of international or 
civil law that would justify the courts, civil or military, of 
one belligerent nation in taking cognizance of the official 
military acts of the opposing commander-in-chief, and finally 
that the Texian government was debarred from exercising 
jurisdiction, if any existed, by the military convention agreed 
upon and ratified between General Houston and the Mexican 
chief, before the government was apprised of his capture. 

He said (appealing to their pride) that should Santa Anna, 
in violation of his pledges, return with an army to Texas, 
" there was not a soldier in the Texian ranks that would not 
as soon confront him as the meanest caitiff of his nation. 
Who and what was he more than any other Mexican chief?" 

He said that their desire to retaliate was natural, and " had 
Santa Anna never been received as a prisoner, and had no 



HISTORY OF TEXAS. 79 

treaty been made and actually ratified, he might, on the clear- 
est principles of retribution, have been made the victim of 
his own vindictive and barbarous policy," but under existing 
circumstances " it would have been a gross violation of every 
principle of honor, and every rule of war, to have visited 
such retribution upon him." 

Nothing in our history, not excepting San Jacinto, so won 
the respect and admiration of the civilized world as sparing 
the lives of Santa Anna and his chief lieutenants. That 
honor belongs primarily to Sam Houston and Thomas J. Kusk ; 
secondarily to David G. Burnet, who, as President of the 
Eepublic, hazarded his life by opposing mob violence in an 
hour of popular frenzy. 



SANTA ANNA'S PROTEST. 

On the 9th of June, following his re-imprisonment, Santa 
Anna addressed a protest to President Burnet in the following 
terms : 

" I protest against the violation of the faith engaged in the 
agreement made between myself and the government of 
Texas, signed the 14th of May, ult., and commenced verbally 
with the General-in-Chief of the army of Texas, Sam Houston, 
and Thomas J. Kusk, Secretary of. War: 

" 1st.- For having been treated more like an ordinary 
criminal than as a prisoner of war, the head of a respectable 
nation, even after the agreements had been commenced: 

" 2nd. For the treatment as a prisoner of war and ill-usage 
received by the Mexican General Adrian Woll, who had come 
into the Texian camp with a flag of truce ; under the safeguard 
and word of honor of General Houston, and with the consent 
of the members of the cabinet. 

" 3rd. Against the non-fulfillment of the exchange of pris- 
oners, stipulated in the 9th article, inasmuch as up to the 



80 HISTORY OF TEXAS. 

present time, not even one Mexican prisoner of war has been 
set at liberty, notwithstanding the liberty given to all the 
Texians in possession of the army under my command. 

" 4th. Because the sine qua non of the 10th article, as fol- 
lows, has not been carried into effect ; which is, that I shall 
be sent to Vera Cruz, when the government shall deem it 
proper: whereas the President himself and the cabinet of 
Texas, being convinced that I had fulfilled all my engagements, 
viz., that the Mexican army, four thousand strong, should 
retreat from the position it occupied on the Brazos to beyond 
the Rio Grande; that all the property should be given up, 
also the prisoners of war- — had determined on my embarking 
on the Texian schooner of war, the ' Invincible,' in which I 
finally did embark on the 1st of June inst., after address- 
ing a short farewell to the Texians, wherein I thank them 
for their generous behavior, and offered my eternal grati- 
tude. 

" 5th. For the act of violence committed on my person, and 
abuse to which I have been exposed, in compelling me to come 
again on shore, on the 4th inst., merely because 130 volunteers, 
under the command of General Thomas J. Green recently 
landed on the beach at Velasco from New Orleans, had, with 
tumults and with threats, requested that my person should be 
placed at their disposal. 

" Finally, I protest against the violence kept up towards 
me, by being placed in a narrow prison, surrounded with 
sentinels, and suffering privations which absolutely render 
life insupportable, or tend to hasten death ; and finally, for 
being uncertain in regard to my future fate, and that of the 
other prisoners, notwithstanding a solemn treaty." 

President Burnet replied on the 10th. He frankly ex- 
pressed his mortification at the causes which had required a 
change in the time at which the government deemed it proper 
to send him to Vera Cruz, but found an apology in "the 
deep, intense and righteous indignation," which the citizen 



HISTORY OF TEXAS. 81 

soldiers felt in the atrocities which had been committed on 
their friends " by his Excellency's command." 

With regard to Santa Anna's lack of personal comforts the 
President replied: " I have cheerfully subjected my own 
sick family to many hardships, in order to render your excel- 
lency the best accomodations in our power. That we are at 
present destitute of the necessaries of life, is mainly attrib- 
utable to your Excellency's visit to our new country, and on 
this account we feel less regret that you should partake of 
our privations." It would not have been irrelevant to have 
reminded his Excellency of the unjustifiable incarceration and 
close confinement of Stephen Austin in a filthy Mexican dun- 
geon without pen, paper, book or light, and his " torturing 
uncertainty " for two years. Austin's only crime consisted in 
conveying to the civil government of Mexico a petition couched 
in respectful language, the acceptance or rejection of which 
could not have hazarded in the least degree its domestic 
interests. 

To the protest with regard to the treatment of Gen. Adrian 
Woll, President Burnet made reply: " It involves some facts 
which I do sincerly deplore, but for which this government 
is not strictly responsible." It has been shown that the 
constraint upon his movements was due to his own indiscre- 
tion in arousing the anger of the soldiers and the suspicion 
that he was a spy. This was imposed by the military, as 
President Burnet alleged. He said: " Your Excellency is 
sensible that we have done all in our power to guarantee 
the safe return of General Woll to the Mexican camp ; but 
our orders have been contravened by the commander of the 
Texian army, at a remote distance from the seat of govern- 
ment." 

As to the non-exchange of prisoners, of which Santa Anna 
complains, the Texians who were captured at Copano and 
taken to Matamoros had made their own escape, and Drs. 
Barnard and Shackleford, at San Antonio, were not consicl- 

6 



82 HISTORY OF TEXAS. 

ered in the treaty. The President informed Santa Anna that 
he had no official information of a single Texian prisoner hav- 
ing been given up under the treaty. 

The Mexicans had no prisoners — the reasons for which 
should have forever silenced his complaints on that score. 
The President said "This government has gratuitously dis- 
charged several Mexican captives and defrayed their expenses 
to New Orleans, the destination which they selected.' ' 

It may be added that so far from having " given up prop- 
erty," on its retreat the Mexican army drove before it large 
herds of cattle and thereby reduced the Texian army to the 
point bordering on starvation, to say nothing of families the gov- 
ernment found it difficult to protect from a similar fate. The 
situation was most distressing. Even from the mothers came 
petitions asking that the Mexican prisoners be sent away in order 
that Texian children might not perish of hunger. The wanton 
destruction of the walls of the Alamo, mingling their ruins with 
the ashes of the victims who had fallen there, was a poor fulfill- 
ment of Santa Anna's pledge of protection to property dur- 
ing the retrograde movement of the Mexican army and, added 
to this, was carrying off the guns belonging to that fortress, 
or melting, or otherwise destroying them. 

President Burnet deeply felt the humiliation inflicted upon 
him by being compelled by force to order the disembarkation 
and re-imprisonment of Santa Anna. 

He possessed the coolness as well as the capacity and patri- 
otism to look beyond the hour and to so shape his course as 
to merit the approbation of posterity. To Santa Anna he at 
the time could only say: " It were superfluous to repeat the 
causes which induced the government to vary its discretion in 
regard to the time they should deem the departure of your 
Excellency to be proper ," and disclaim any knowledge of the 
harsh treatment complained of except knowledge of the fact 
that Santa Anna had been compelled to return ashore under a 
threat that if he refused to quietly obey, force would be used. 
As to Santa Anna's complaint of narrow quarters and the 



HISTORY OF TEXAS. 83 

watchfulness of his guard, it was without just foundation, as 
houses were few and small, and many Texians were com- 
pelled to live in tents and huts, and it was the duty of the 
guards to be vigilant, as it was reported that the Mexican con- 
sul at New Orleans, was intriguing for the prisoner's escape. 

In July, Santa Anna and his suite were placed in charge of 
Capt. William H. Patton, an honorable gentleman and gallant 
soldier, with a competent guard, and taken to the plantation 
of Dr. James A. E. Phelps, called Orozimbo, a few miles 
above Columbia, on the Brazos, where they remained under 
military surveillance. 

Early in August the small schooner Passaic ascended the 
river, having on board one Pages, an emissary of the Mexican 
consul at New Orleans. Acting under orders to effect the 
release of the prisoners, Pages pretended that he was engaged 
in a trading expedition, but the plot was discovered, and the 
prisoners put in irons, in which condition they remained till 
Congress met on the 3rd of October, and the civil govern- 
ment assumed control; President Burnet then had them 
immediately unshackled. 

The reply of the President was not satisfactory to the more 
refractory element in the army. A plan was formed and 
Lieutenant-Colonel Millard, with a guard, actually sent to 
arrest and convey him to the army for trial. On arriving at 
Quintana that officer speedily found that the executive would 
be defended to the death, not only by the volunteers then 
at and near Velasco, but also by the citizens and many civil- 
ians then in that place. Col. Millard did not even cross the 
river, but returned, having been made sensible of the wrong 
against the dearest rights and hopes of the country into which 
he had been seduced. His success would have destroyed 
every semblance of government. The constitution of the 
Kepublic was not yet ratified. Burnet and his cabinet con- 
stituted, until the ratification of that instrument by the people 
and organization under it, the government, and his deposi- 
tion would have inaugurated a fearful state of things. 



84 HISTORY OF TEXAS. 

Fortunately a reaction took place. The army became recon- 
ciled — order was restored and no more was heard of the 
unfortunate movement. President Burnet was too magnan- 
imous to ever make public the names subscribed to the doc- 
ument addressed to him. Keflection and a realization of the 
actual facts surrounding the President — his inadequate means, 
immense responsibilities and herculean labors — caused general 
regret among those who had participated in preferring the 
unjust and unwise allegations made against him. A respect- 
able portion of the officers and men, be it said to their credit, 
had refused to take part in them. The army was composed 
of patriotic, and in the main, unusually intelligent men, whose 
condition in camp, with inadequate food and largely without 
tents, was deplorable and well calculated to arouse dissatisfac- 
tion, of which a few ambitious and excitable men took advan- 
tage to create a mutinous feeling. 1 

" The executive government have been ignorantly charged 
with reposing an undue confidence in the promises of Santa 
Anna ; whereas, our rule of action has been that no confidence 
could be safely reposed in a Mexicano. We acted under a 
firm persuasion, which nothing that has since transpired has 
shaken in my mind, that Santa Anna was fully and deeply 
convinced by evidence which no after suggestions of his own 
vanity, and no pompous sophistry of his less experienced 
compatriots in Mexico could disturb, that his own highest 
political interests, and the best interests of Mexico, too, would 
be advanced by a prompt and decisive ratification of the treaty. 
We were, therefore, confident that, so far as he was person- 
ally concerned, there was little reason to apprehend a breach 
of promise." 

1 In justice to President Burnet, as well as in explanation of the grounds 
upon which the members of the cabinet acted in making the treaty, and the 
reasons that led them to desire to send Santa Anna home in fulfillment of 
its stipulations, the above extract is made from the President's Address 
No. 2, to the people of Texas, published in September, 1836. 



CHAPTER VII. 

The Infant Navy — A Judge of Admiralty Appointed — False Alarm of 
another Invasion — Felix Huston succeeds Rusk in Command — Changes 
in the Cabinet — Indian troubles in East Texas — Important service of 
Gen. Austin — Gen. Gaines of the U. S. Army — First Elections in the 
Republic — The " Horse Marines "— Commissioner from the United 
States. 

On the 27th of November, 1835, under the Provisional Gov- 
ernment, Governor Smith approved two ordinances — one for 
granting letters of marque and reprisal, and one for estab- 
lishing a navy. Under this authority, aided by friends in and 
out of Texas, Governor Smith first, and President Burnet later, 
succeeded early in 1836, in securing three armed vessels for 
the navy of the Eepublic — the schooner Invincible, Captain 
Jeremiah Brown; the schooner Brutus, Captain Norman 
Hurd (each carrying eight guns), and the schooner Independ- 
ence, Commodore Charles E. Hawkins, with eight guns and a 
nine-pounder pivot gun. These vessels cruised in the gulf 
and did valuable service in preventing supplies reaching the 
Mexican army at the western ports. Early in April, off Bra- 
zos Santiago, the Invincible fell in with and attacked the 
armed Mexican schooner, Montezuma, Captain Thompson (the 
Englishman who figured at Anahuac in 1835, and who, in 1837, 
became a friend of Texas). After two hours fight the Mon- 
tezuma was driven ashore and became a wreck. Captain 
Brown, after repairing his damage, which was confined to the 
rigging, stood out to sea and captured the brig Pocket, from 
New Orleans to Matambros, freighted with flour, lard, rice, 
biscuits and other supplies for the Mexican army. The 
Pocket, with her valuable cargo, was conveyed into Galveston 
harbor. 

(85) 



86 HISTORY OF TEXAS. 

Soon afterwards the schooner Liberty with three guns, was 
added to the little fleet. Some time later the Champion, a 
schooner, with supplies for the Texian army, was captured by 
the enemy. But other prizes continued to be brought in. 
This created a necessity for a court of Admiralty to adjudicate 
all questions arising under these captures. To meet this 
emergency President Burnet took from among the private 
soldiers at San Jacinto an eminently qualified lawyer, in the 
person of Benjamin C. Franklin, and commissioned him as 
judge of the district of Brazos, including Galveston Island, 
and clothed him with Admiralty jurisdiction. This gentleman, 
therefore, was the first to hold a judicial commission under the 
Eepublic. He was also elected to the bench by the first Con- 
gress and long held his judicial office as he did other positions 
to which he was called by the voice of the people. At the 
time of his death in Galveston, in 1873, he was a State sena- 
tor. His selection, under the circumstances, reflected honor 
on President Burnet. 

In June, 1836, rumors of a second invasion came from 
Mexico, and spread over the country, causing great excite- 
ment and re-arousing the martial spirit of the army and the 
people. Carro, who had succeeded Barragan as acting 
president during the absence of Santa Anna, made strong 
demonstrations in favor of a new and more formidable 
invasion. Filisola was superseded in command by Urrea, 
who was ordered to halt in his retrogade movement and await 
re-inforcements, then being raised. Captains Henry W. 
Karnes, and Henry Teal, who had been sent to Matamoros, 
under a flag of truce, to see if all the Texian prisoners had 
been released, were held in custody in violation of the flag 
and the treaty, to prevent their giving notice of the new 
movement on foot. These gentlemen were completely misled 
by the boasting aud vaunted preparations said to be in 
progress. On the 9th of June they dispatched a letter to 
Texas, through a confidential channel, saying: " They will 



HISTORY OF TEXAS. 87 

soon be down on you in great numbers. Four thousand will 
leave here in four to eight days for Goliad, and as many 
more by water in fifteen or twenty days, from Vera Cruz, to 
land at Copano or Velasco. They will wage a war of 
extermination and show no quarter." 

Major William P. Miller, who, with his eighty men, was 
spared at Goliad, but who was still held in duress in Mata- 
moros, though allowed the limits of the town, wrote a 
similar letter. All of these gentlemen succeeded in reaching 
home soon afterwards; 

President Burnet, on the 20th of June, 1836, issued a 
proclamation, teeming with patriotism, calling the people 
to arms. In it occurred this among other appeals: " It is 
the peculiar property of true courage to rise in dignity and 
in spirit, as the pressure of adverse circumstances increases ; 
to brighten in cheerfulness and resolution, as the storm 
lowers and gathers in darkness. Let us exemplify as a peo- 
ple this glorious property of the highest military attribute. 
Let every citizen of Texas repair with alacrity to his post." 

Just before this General Kusk, in command of the army, 
had requested the President to appoint a new commander with 
the rank of Major-General and recommended for that position 
General Felix Huston, who had recently arrived from 
Natchez, Mississippi, in command of four or five hundred 
men. Instead of appointing General Huston the President, 
with the sanction of the cabinet, bestowed the commission on 
Colonel Mirabeau B. Lamar, who at once repaired to the 
army. . That the President committed a blunder soon became 
manifest. While the soldiery held Col. Lamar in the highest 
esteem for chivalry and all the attributes of a gallant soldier, 
his appointment had not been requested. The army almost 
idolized Rusk and desired him to remain in command ; and 
after him, Huston was doubtless their second choice. 
Advised of this state of feeling, on arriving in camp, Colonel 
Lamar promptly declared his unwillingness to serve unless it 



88 HISTORY OF TEXAS. 

was the wish of the army. He asked, however, to address 
them and explain his position. They were paraded, his 
speech was made and a vote fairly taken, with the utmost 
good feeling, and showed a great majority for General 
Rusk, whereupon Lamar gracefully retired. 

William H. Jack succeeded James Collinsworth as Secre- 
tary of State, but resigned in a short time. The position of 
Attorney-General, vacated by Commissioner Grayson, re- 
mained vacant for a considerable time. John A. Wharton, 
who succeeded Eobert Potter, during his absence, as Secretary 
of the Navy, resigned to become a candidate for the first Con- 
gress, to which he was elected from Brazoria. Colonel Alex- 
ander Somervell resigned his position in the army to accept 
the post of Secretary of War, vacated by Lamar. Bailey 
Hardeman, Secretary of the Treasury, suddenly died, after 
rendering many important services, and was succeeded for 
a time by Barnard E. Bee, recently from South Carolina. 
Later Mr. Bee took charge of the State department. Not one 
of the original cabinet served through the term. David 
Thomas, the first Attorney-General, was accidentally killed by 
a gun-shot at Galveston. Samuel P. Carson died in search 
of health in the United States. Rusk went into the army. 
Numerous other changes sprung from transfers from one field 
of service to another. There was never a serious difference 
in the cabinet, save on the question of releasing Santa Anna. 

In June, at the time of these new alarms, President Bur- 
net, acting for the government, entered into a contract with 
Mr. Memucan Hunt, just arrived from his home in Mississippi, 
under which the later was " to introduce into Texas a division 
of four thousand men fully armed and equipped, to serve dur- 
ing the war." " His success, " says the President, " was but 
partial, but it involved a large sacrifice and expenditure of his 
private property." His failure was a blessing in disguise, for 
there in fact arose no necessity for such an additional force. 
The two thousand five hundred men then in the ranks were 



HISTORY OF TEXAS. 89 

sufficient to deter from coming or defeat any force likely to 
invade the country. Mr. Hunt was wholly without experience 
in military affairs. Had he succeeded he would have acquired 
the title of " General. " The war debt of the country would 
have been doubled. 

In fact there was no danger of another Mexican invasion. 
As predicted by President Burnet, the absence of Santa Anna 
opened the way for renewed internal strife and revolution in 
Mexico. Too many military chieftains were more than will- 
ing, despite their protestations, to have his captivity pro- 
longed. This is proven by numerous publications, official 
and unofficial, one of which in pamphlet form, issued in the 
city of Mexico, arraigned him for crimes committed in Mexico 
such as to stamp him with eternal infamy even had his course 
in Texas been blameless. 

At the time of this second threatened invasion it became 
known that Manuel Flores and other Mexican emissaries were 
among the Cherokees endeavoring to secure their co-opera- 
tion against Texas. There was more or less popular distrust 
of a portion of the Mexican population around Nacogdoches, 
who were on friendly terms and much in intercourse with the 
Indians. The gravest apprehensions were entertained by the 
people of East Texas and, indeed, the entire country. Many 
believed, despite the denial of Colonel Bowles, chief of the 
Cherokees, that the Indians had been held in restraint in 
March and April solely by the presence of United States 
troops on the east side of the Sabine and the halting of 
several hundred volunteers around Nacogdoches ; volunteers 
who otherwise would have been with General Houston at San 
Jacinto. 

And now, with a larger invasion in prospect, both by land 
and water, whereby fresh and well-equipped troops might 
be landed at Copano, Matamoros, Velasco or Galveston, 
an alliance between the Mexicans and these Indians it 
was thought might reasonably be expected. In this state of 



90 HISTORY OF TEXAS. 

affairs, General Stephen F. Austin performed an important 
service to the country. He arrived by schooner from the 
United States on the 27th of June. On the next day he sug- 
gested to President Burnet the wisdom and necessity of again 
calling upon General Gaines at Fort Jessup. The President 
wrote an earnest letter on the same day and in consideration 
of these Indians belonging to United States tribes, he urged 
General Gaines to station a force at Nacogdoches to prevent 
them from joining in a war on Texas, in which the lives of a 
large number of unprotected families would be at their mercy. 
General Austin also wrote him on the 4th of July. The same 
courier, George P. Digges, furnished by Austin with means 
for the trip, carried both letters; also two letters from Santa 
Anna and one from Austin to President Jackson — Santa 
Anna inclosing a copy of the treaty of May 14th. Among 
other things General Austin wrote in his letter to General 
Gaines: 

"The President of Mexico, General Santa Anna, who is 
now a prisoner in this place, assures me, in the most decided 
and unequivocal terms, of his desire to end this Texas war on 
a basis of a recognition of our independence, and he has writ- 
ten to General Jackson requesting the mediation of the United 
States to terminate the war on that basis. 

" I have no hesitation in saying that I believe that General 
Santa Anna is sincere and in good faith in the promises and 
offers he has made to the government to acknowledge our 
independence and admit the mediation of the United States; 
but he can do nothing as a prisoner, or until he returns to 
Mexico and re-assumes the government, or to the Mexican 
army and re-assumes command ; and such is the state of public 
opinion here and in our army that he cannot be released until 
he gives such guarantees as will satisfy both the army and 
people of his sincerity. Now the guarantee of General Jack- 
son will be sufficient, and I believe that your guarantee, in 
conjunction with the establishment of your headquarters at 



HISTOKY OF TEXAS. 91 

Nacogdoches, would be sufficient. I mean in the event of 
your guaranteeing, in the name of the United States, the ful- 
fillment of the treaty made by Santa Anna with the govern- 
ment of Texas." 

General Gaines answered on the 4th of August that his 
instructions did not confer sufficient power on him to give the 
guarantee; but he did send Colonel Whistler, with a body of 
dragoons, to take post at Nacogdoches. This was sufficient 
notification to the Indians to insure their neutrality, even if 
the Mexicans had invaded the country, which they failed to 
do, and that source of anxiety was dissipated in a few weeks. 

Austin's private memorandum on July 20th, says : " I went 
to Velasco to meet Messrs. William H. Wharton and Branch 
T. Archer (who had returned a few days before), for the 
purpose of making a report of our mission to the United 
States as commissioners. We made our report and rendered 
an account of all the moneys we had received and disbursed 
for Texas, and accompanied the account with all the original 
vouchers which were passed to the auditor for examination." 

President Burnet's message to the first Congress, October 
4th, says that the commissioners, while in New Orleans in 
January, arranged for two loans — one for fifty thousand dol- 
lars which was advanced at the time ; another for two hundred 
thousand, on which twenty thousand were advanced, on a basis 
of landed security ; but when the agent of the lenders came 
over to have the terms ratified, the government demanded a 
modification to which the lenders objected and the remaining 
$180,000 was never received. 

THE FIRST ELECTION IN THE REPUBLIC. 

On the 23rd of July, 1836, President Burnet, with the 
approval of the cabinet, and in the exercise of the powers con- 
ferred upon him by the organic act of the convention under 
which he was made the head of the government ad interim 



92 HISTORY OF TEXAS. 

(the time being discretionary with him), issued a proclama- 
tion ordering a general election to be held throughout the 
Republic, on the first Monday in September, for : 1st, a 
president and vice-president; 2nd, for fourteen senators and 
twenty-nine representatives, to compose the first Congress, 
senators being chosen for three years, while representatives 
were to be elected annually: 3d, on the ratification or rejec- 
tion of the constitution; 4th, on clothing the first Congress 
with conventional powers to revise and amend the constitution 
(which latter power was denied by the people), 5th, on the 
question of annexation to the United States. 

As a matter of historic value, the apportionment of sena- 
tors and representatives is given : 

The county of Bexar, one senator; San Patricio, Refugio 
and Goliad, one; Brazoria, one; Bastrop and Gonzales, one; 
Nacogdoches, one ; Red River, one ; Shelby and Sabine, one ; 
Matagorda, Jackson and Victoria, one; Austin and Colorado, 
one; San Augustin, one; Milam, one; Jasper and Jefferson, 
one; Liberty and Harrisburg (now Harris), one ; Washington, 
one ; total, fourteen. 

For representatives ; Austin County, one; Brazoria, two; 
Bexar, two; Colorado, one; Sabine, one; Gonzales, one; 
Jefferson, one; Goliad, one ; Matagorda, one ; Bastrop, two; 
Nacogdoches, two; Red River, three; Victoria, one; San 
Augustine, two; Shelby, two; Refugio, one; San Patricio, 
one; Washington, two; Milam, one; Jackson, one; total, 
twenty-seven. 

The following extract from the proclamation of President 
Burnet deserves to be preserved and handed down to, 
posterity : 

"As there are now in the army in the service of their 
country, a great many persons who might thereby lose their 
right of suffrage, therefore all such persons entitled to vote 
can do so by holding an election and sending the returns to 
the managers of the election at the capital of the precinct 



HISTORY OF TEXAS. 93 

(county) of which they are citizens; the name of each voter 
beinsr taken down in writing and forwarded with the returns. 

" And as some of the precincts (counties) are depopulated 
by their temporary abandonment, on account of the invasion 
of the Mexicans and the inroads of the Indians, therefore, all 
such persons, thus absent, are permitted to exercise their 
right of suffrage, by meeting together, whenever they can in 
any number, holding an election and making their returns, 
within ten days, to the Secretary of State, in which returns 
shall be stated the names of the persons voting, and the result 
thereof." 1 

The proclamation closed by directing that the members of 
the first Congress, to be so chosen, should assemble on Mon- 
day, the third day of October, 1836, in the town of Columbia, 
Brazoria County — the place now known as West Columbia, 
two miles west of the present town of Columbia, on the 
immediate bank of the Brazos. 

In the private memoranda of General Austin that gentleman 
says : 

" Archer, Wharton, Bailey Hardeman, S. Ehoads Fisher 
and many others at this time requested me to become a 
candidate for President." 2 

1 In point of fact no election was held in the counties of Goliad, Re- 
fugio or San Patricio, their exiled citizens voting in groups, wherever 
they chanced to be, whether at Victoria, on the Lavaca, Colorado, Brazos 
or San Jacinto. Thus was the voice of all — soldier, citizen and refugee — 
heard. 

2 The unkind utterances of Austin in regard to Wharton, in the pre- 
vious December, will be remembered, as will also my statement that in a 
large number of private letters written by Wharton near that time, not an 
unkind allusion is made to Austin. That Austin's animadversions were 
unjust seems clear. Now, after their joint service in the United States, we 
have Austin's own declaration that not only Wharton but also Dr. Archer 
(original champions of independence, while Austin was earnestly opposing 
that step) were supporting him for the presidency. Thus, is established the 
nobility of Wharton's nature; while General Austin vindicates his own 
sense of justice, by virtually admitting the injustice he had done him. 
Wharton ever kept the faith of their reconciliation at Gonzales in October, 



f 



94 HISTORY OF TEXAS. 

In reply to solicitations to become a candidate, Austin 
said : 

" Influenced by the great governing principle that has reg- 
ulated my action since I came to Texas, which is to serve 
this country in any capacity in which the people may think 
proper to employ me, I shall not decline the highly responsible 
and difficult one now proposed, should a majority of my 
fellow-citizens elect me." 

General Houston, after much suffering, had been success- 
fully treated in New Orleans ; and, though still in feeble gen- 
eral health, was enabled to return to Texas, by way of Red 
River, arriving in San Augustine on the 5th of July. Small 
particles of bone, however, at intervals for several years, pro- 
truded through the cuticle of his ankle and were extracted. 
That member never was restored to its original strength and 
occasionally troubled him through life. As soon as the elec- 
tion was ordered by President Burnet, there was a wide-spread 
demand upon General Houston to become a candidate for presi- 
dent. He was nominated by an assemblage of six hundred 
people, embracing many from other parts of the country, at 
Columbia, by large gatherings at San Augustine, Nacogdoches 
and elsewhere, and was overwhelmingly the choice of the 
citizen-volunteers in the army, embracing as well those who had 
served under him in the San Jacinto campaign, as those who 
had afterwards reached the army. They regarded him as 
still the major-general and commander-in-chief, and, largely 
for that reason, had resented the attempt of President Burnet 
and the cabinet to confer that rank on Colonel Lamar. It 
was also said by them that when General Rusk sought to retire 
and recommended Felix Huston for a major-generalship, the 
army was greatly reduced, idle in camp, and without any 
prospects of active service, while, in prospect of a new 
invasion, the furloughed soldiers had returned and fresh ones 

1835. Evil disposed persons caused Austin for a time to think otherwise 
and while so misled he penned the unfortunate letters. 



HISTORY OF TEXAS. 95 

had arrived till they had twenty-five hundred men, and next 
to Houston they wanted Rusk. They censured the president 
for taking advantage of Rusk's former letter, written under 
one set of circumstances and responding to it under a new, 
unexpected and entirely different condition of affairs; and 
then not complying with its suggestions, but appointing Lamar 
instead of Felix Huston. But in fact, with a prospect of 
again meeting the enemy, General Rusk, noble soldier that he 
was, did not wish to leave the army. These considerations 
and facts greatly strengthened General Houston as a candidate 
for president. 

Before General Houston was known as a candidate, the 
friends of ex-Governor Henry Smith, announced him as a 
candidate and sent hand-bills over the country so declaring, 
before he was aware of the fact. He declined to be so and 
made known the fact as widely as he could in the short time 
intervening. He advised his friends to support General 
Houston and did so himself. 

The insignificant vote cast for General Austin was no just 
index to the hold he had on the good-will and confidence of 
the people of the country. His utterances relative to inde- 
pendence still rankled in the breasts of many old Texians, and 
later comers only knew that he had opposed that measure and 
therefore opposed him and gave their support to the hero of 
San Jacinto. They did not pause to consider the fact that as 
soon as convinced of the necessity and practicability of a 
declaration of independence, he had heartily espoused the 
cause and untiringly bent all his energies toward securing such, 
a declaration. Nor did they consider the splendid service he 
had rendered the country from January to June, 1836, as 
commissioner to the United States. Neither did they con- 
sider, for they could not know, the valuable services he had, 
almost in that hour, performed for Texas in his letter to 
General Gaines, President Jackson and Messrs. Collinsworth 
and Grayson, the new commissioners to the United States. 



96 HISTORY OF TEXAS. 

In the army, too, he was opposed because of his order (while 
in command at San Antonio) to Captain Philip Dimmitt, to 
give up the command of his company, to which he had been 
unanimously elected at Goliad, to Captain Collinsworth who 
had left the company in anticipation of a higher position. 
These matters, involving only differences of opinion, and in 
nowise affecting his honor, or his capacity for usefulness, as 
public sentiment then existed, were fatal to his candidacy for 
the presidency. But, in truth, the hold General Houston then 
held on the popular heart was irresistible. Thrice wounded 
in youth, under Jackson, at the Horseshoe and a loved 
protege of that great man, then President of the United 
States; a major-general in Tennessee; a distinguished 
member of Congress from Tennessee, and later Governor of 
Tennessee, made his name and career, his ability and powers 
as an orator familiar in every quarter of the Union. This 
distinction was supplemented by the friendship and admira- 
tion of many of the most eminent men and statesmen in the 
American Union. These facts had great weight with the 
thoughtful population and largely influenced the result. 

In connection with the threatened invasion and the rapid 
increase of the army, a problem arose, as soon as it became 
apparent that there would be no invasion, as to what should 
be done with so large a force. The expense, and in some 
sense the danger, of keeping so many men idle in camp on 
precarious supplies, were apparent. Notwithstanding com- 
panies were discharged as their respective terms expired, new 
companies continued to arrive from the United States — some 
enlisted under the authority granted by the late council to 
Thomas J. Chambers, to raise an " army of reserve," some 
under arrangements made by the late commissioners, and some 
under other auspices. In this dilemma a descent on Matamoros, 
chiefly by water, was proposed ; not with the view of holding 
the place permanently, but as a retaliatory measure, to cripple 
the enemy, teach him the capacity of Texas for aggressive war- 



HISTORY OF TEXAS. 97 

fare, and to make reprisals of supplies needful in sustaining 
the army. The President and cabinet gave their sanction to 
it; but at the critical moment, the schooner Invincible went 
to the United States for repairs and captain Hurd, without 
the knowledge of the government, went with the Brutus to 
the same country. This caused the expedition to be 
abandoned. 

A little prior to this General Rusk dispatched Captain Isaac 
W. Burton with a small company of mounted men to scour 
the coast from the mouth of the Guadalupe to Copano. 
Discovering the schooner Watchman near Copano and con- 
cealing his men, Burton decoyed the launch of the schooner 
on shore. He seized and manned the boat and then captured 
the vessel, which was loaded with supplies for the Mexican 
army. Very soon the schooners Fanny Butler and Comanche, 
similarly freighted, entered the bay and, suspecting no danger, 
came to anchor near the Watchman. They, too, were cap- 
tured, and the three rich prizes were taken into Yelasco. 
These achievements, so timely and so gratifying to the coun- 
try, and especially to the poorly fed army, won for Captain 
Burton and his cavalry, by universal acclaim, the unique 
appellation of " The Horse Marines." 

When the commissioners, Collinsworth and Grayson, reached 
Washington, Congress having adjourned, President Jackson 
dispatched Mr. Harvey M. Morfit on a visit to Texas, to inves- 
tigate the condition of affairs. His report amounted to little 
more than estimating the total population at 50,670, of which 
30,000 were Anglo-Americans. 

On the 14th of July, President Burnet, to correct abuses 
and curtail useless expenses, issued a proclamation revoking 
all commissions held in the military and naval service by 
persons who were not actually in service. This gave offense 
to Thomas J. Chambers, who had been in Kentucky since the 
previous January, and was still there under the authority of 
the council, to raise an army of reserve, of which, when placed 

7 



98 HISTORY OF TEXAS. 

in service, he was to be major-general. A controversy 
ensued, now of no historic interest. Chambers had been the 
means of sending three or four hundred men to Texas, 
under Colonel Edward J. Wilson and Major G. Lewis 
Postlethwaite. On arriving at Velasco, these two men, 
not being hailed with bonfires, illuminations and salvos of 
artillery, or some equivalent demonstration, became suddenly 
bankrupt in patriotism, and, with many of their men 
(though by no means all), returned to their homes in Lexing- 
ton, Kentucky, where they published slanderous and untruth- 
ful statements against the government and people of Texas. 
Chambers answered them in terms that led to a challenge and 
a duel was only averted by the intervention of mutual friends, 
the chief of whom was George D. Prentice, then and ever 
a friend of Texas. That there was wisdom in the President's 
course is evident from the fact that many persons holding 
roving commissions were not only doing no good, but were 
injuring our cause in the United States ; but Chambers did 
not fall into that classification. However unwisely granted 
by the council, General Chambers was acting under its author- 
ity and could not have been included in the class referred to 
in the proclamation. He had incurred large responsibilities 
and expended considerable sums, and was entitled to be 
treated with good faith by the government, and so he was as 
soon as it became practicable. 1 

1 Mr. Chambers, so far as popular feeling was concerned, had a heavy 
weight to carry. As superior judge under the judiciary law of 1834, with- 
out ever having held or organized a court, he received from the government of 
Coahuila and Texas thirty-two square leagues (141,696 acres) of land for 
one year's salary and also acquired several eleven league grants under a law 
that was very odious in public estimation. His opposition to independence 
in 1835 was attributed to this large landed interest. But his labors in behalf 
of Texas in Kentucky cannot be denied. 



CHAPTEK VIII. 

Result of the First Election — Gen. Sam Houston, President — Meeting of 
the First Congress — The First Constitutional Cabinet — List of Its 
Members and Officers — President Burnet's Message. 

The first election in the Kepublic took place on the first 
Monday in September, at a time when a large number of citizens 
were yet absent from their homes, and hence the vote was 
small ; but the people, in the main, chose an able Congress, 
including a fair per cent of the most distinguished and patri- 
otic men in the country. The labors of this body, after the 
lapse of half a century, still receive the commendation of 
the most enlightened minds, at home and abroad. The elec- 
tion for President resulted as follows : 

Sam Houston < 5,119 votes 

Henry Smith 743 " 

Stephen F. Austin 587 « 

Scattering 191 " 

Total 6,640 votes 

For Vice-President Mirabeau B. Lamar received a major- 
ity of 2,699 votes. 

The constitution was unanimously ratified. 

For giving Congress power to amend the constitution only 
223 votes were cast and against annexation to the United 
States only 91. 

The new Congress assembled in accordance with the presi- 
dent's proclamation, on Monday the 3d day of October, 1836, 
at Columbia, whither the government had previously gone 
from Velasco. The accommodations were meager in every re- 
spect, but there was available a commodious house (for that 

(99) 



100 HISTORY OF TEXAS. 

day), with large rooms on the ground floor, separated by a 
wide hallway, with other rooms for committee and clerical 
purposes. Each house occupied one of the large rooms. This 
house at first accommodated the government only in part, 
other houses being also utilized. 

Both houses organized on the day of assemblage. In the 
senate, in consequence of the indisposition of the Vice-Presi- 
dent, Lorenzo de Zavala, Senator Kichard Ellis, of Eed Eiver 
County, was elected President pro tem, and Richardson 
Scurry, Secretary. 

In the House of Representatives Ira Ingram, of Matagorda, 
was elected Speaker; and Willis A. Faris, Clerk. 

The next day after the usual notifications from one house 
to the other and (jointly) to the Executive, President Burnet 
sent in his message. 

Referring to the policy of imposing duties on imports and, 
in some cases, on exports, in the then straitened condition 
of the country, President Burnet said: 

*' They constitute a convenient and economical mode of sup- 
plying the public necessities, and are less onerous to individ- 
uals than almost any form of taxation. They therefore form 
part of the financial resources of all countries. * * * The 
idea of free international commerce is a modern improvement 
that reflects great credit on the philanthropy of the present 
age; and it is much to be regretted that the entanglements of 
ancient institutions, and the inveteracy of confirmed habitudes, 
have prevented its adoption by the principal nations of the 
earth. While such nations oppose it by cordons of custom 
houses, and ponderous codes of revenue laws, it would be vain 
and ineffectual for a nation just springing into existence, to 
effect its practical establishment. 
*** * * * * **** 

"When the abundant, intrinsic resources of our country 
shall be fully developed, then it may be the peculiar glory of 
Texas to invite the kindred nations of the earth to an unem- 






HISTORY OF TEXAS. 101 

barrassed intercommunion of their diversified products. The 
effects of such a system on the peace and happiness of nations, 
and on the comfort and enjoyment of individuals, would tran- 
scend all that has heretofore been accomplished by the 
straitened and selfish spirit of commerce; and that, secret, 
parsimonious and jealous as it is, has done much to ameliorate 
the condition of man, by dispensing the munificent and various 
benedictions of Providence to and from remotest climes. 

" The institution of a tariff is a matter of great delicacy, 
requiring minute attention to the smallest concerns of domestic 
life. An excessive or disproportionate charge upon one nec- 
essary article of merchandise would violate the grand principle 
of equalization, and I trust you will be enabled so to order the 
assessment as to avoid that evil. The experience of the nation 
from which we have seceded affords abundant testimony of the 
pernicious consequences of an overcharged tariff. An exorbi- 
tant rate of duty not only defeats itself, by presenting allure- 
ments to evasions of the law, but it has a tendency to demoralize 
a valuable portion of the community. It is one of the most 
interesting purposes of legislation to purify and elevate the 
standard of moral sentiment among the people. 

" Young as we are in existence we have accumulated a debt 
of gratitude which all the goods of this world can never cancel. 
The generous exertions that have been made in our behalf by 
many citizens of that glorious land from which we claim a 
common parentage ; the active sympathy they have manifested 
in our cause and sufferings ; the many and valuable benefits 
they have conferred upon us, constitute obligations which 
nothing in our power to confer upon them can cancel. The 
best and most acceptable requital we can make, is an abundant 
evidence that their sympathies have been worthily bestowed; 
that the fruits of their liberality have been appropriated to 
the diffusion of the great principles of '76 ; and that our 
generous benefactors have contributed to the establishment of 
an enlightened, liberal and virtuous government, in a delightful 



102 HISTOEY OF TEXAS. 

region of the earth, where recently the spirit of despotism 
reigned in all the gloomy majesty of an interdicted solitude. 

" There are a multitude of other subjects that would natur- 
ally present themselves to the legislators of Texas. But they 
belong to your successors, while to us pertains the arduous 
task of adjusting the controversy with Mexico. The hand of 
Providence has been prodigal in its dispensations to our favored 
land. In its agricultural capabilities it is unexcelled. Its 
champaign surface invites the construction of railroads in 
all directions; and future explorations will disclose inexhaus- 
tible mineral wealth, comprising gold, silver, copper, lead and 
iron. All these will constitute subjects for future legislation. 
But, at present, the defense of our country and the achieve- 
ment of our independence, are absorbing and paramount sub- 
jects to which all the functionaries of government, and all 
patriotic citizens should devote their most strenuous and inde- 
fatigable exertions. 

" 1 trust that this Congress and all others that may assemble 
in Texas, will promptly and decisively put the seal of repro- 
bation upon all sinister and unrighteous speculation in the 
public domain. But the moment the legislature of a country 
attempts, with an unhallowed hand, to violate the just and 
vested rights of individuals, government ceases to be a bless- 
ing and civil society is divested of half its guarantees. 

" In the course of your labors for the public weal, you may 
experience trials and vexations that will be calculated to dis- 
courage your hearts and diffuse distrust into your minds. 
Your best exertions and most elaborate productions may re- 
ceive reproach instead of approval, and your motives may be 
impugned when they are pure as the snow on the mountain- 
top ; but let not these things dishearten you. « It is but the 
rough brake that virtue must go thro ugh. ' Banish from your 
councils all party spirit and political intrigue ; and, armed in 
the panoply of an honest patriotism, move forward in the path 
of duty, and onward to the goal of our country's redemption. 



HISTORY OF TEXAS. 103 

"And may the Almighty Ruler of the universe give you 
wisdom to discern, virtue to choose, and firmness to pursue 
the right and eschew the wrong. Then your labors will re- 
dound to the essential and permanent benefit of }'our country, 
and will so establish your own fame that the voice of jealousy 
and the tongue of vituperation shall not prevail to sully its 
brightness." 

These extracts from the first communication of the first 
President to the first Congress of Texas, reveal the integrity 
and lofty character of the writer, whose moral purity as a 
man and high mental endowments reflected honor on the peo- 
ple and country, for whom he labored with a zeal and courage 
that indisputably attested his conscientious devotion to the 
cause of liberty and pure representative government. 

In the foot-note appended below will be found a complete 
list of the members and officers of the first Congress, all of 
whom, it is believed, are dead. 1 

1 The first session began at Columbia, October 3d, 1836 — the adjourned 
session at Houston, May 1st, 1837. 

Lorenzo de Zavala, Vice-President and President of the Senate till Octo- 
ber 22, — term expired. He died November 15, 1836. 

Mirabeau B. Lamar, Vice-President and President of the Senate from 
October 22, 1836, to December 10, 1838, died December 19, 1859. 

Richard Ellis, President pro tern at the first session, — Jesse Grimes at 
the second. 

THE SENATORS. 

Dr. Stephen H. Everitt, from Jefferson and Jasper, died in 1849; Robert 
Wilson, from Harrisburg and Liberty, died in 1856; Willis H. Landrum, from 
Shelby and Sabine ; Shelby Corzine, from San Augustine (elected first dis- 
trict judge and resigned, died in 1839) ; Sterling C. Robertson, from Milam, 
died March 4, 1842; Alexander Somervell, from Austin and Colorado, 
drowned in January, 1854; Jesse Grimes, from Washington, died March 16, 
1866; Edwin Morehouse, from Goliad, etc., died in 1849; Richard Ellis, from 
Red River, died in 1840; Albert C. Horton, from Matagorda, Jackson and 
Victoria, died in 1865; James S. Lester, from Bastrop and Gonzales; Fran- 
cisco Ruiz, from Bexar ; William H. Wharton, from Brazoria, died in 1839 — 
resigned to become American Minister and succeeded by James Collinsworth, 
who was drowned in 1838; Dr. Robert A. Irion, from Nacogdoches. 

Richardson Scurrey was secretary of the first and Arthur Robertson of the 



104 HISTORY OF TEXAS. 

second session; Masillon Farley, Assistant Secretary of the first and Edward 
M. Glenn of the second session; Wm. King, Sergeant-at-Arms of the first 
and Noah T. Byars of the second session; Joshua Canter, Door-keeper of 
the first and Marshall Mann of the second session; E. Lawrence Stickney, 
Enrolling Clerk; Oscar Farish, Engrossing Clerk, second session; Augustus 
M. Tompkins, Reporter. The senators by lot, served one, two and three 
years. 

REPRESENTATIVES. 

Austin County, Moseley Baker, died November, 4, 1848 ; Bexar, Thomas 
J. Green, died in North Carolina, January 12, 1864 ; Bastrop, John W. Bun- 
ton and Jesse Billingsley; Brazoria, Dr. Branch T. Archer (speaker of the 
adjourned session, died September 22, 1856), and John A. Wharton (died in 
the third congress, December 17, 1838) ; Colorado, John G. Robison, killed 
by Indians early in 1837, and in the adjourned session, Jesse Burnham; 
Goliad, John Chenoweth; Gonzales, William S. Fisher; Harrisburg, Jesse 
H. Cartwright; Jackson, Samuel Addison White, died in 1869; Jasper, 
Samuel S. Lewis, died in 1838; Jefferson, Claiborne West; Liberty, Edward 
T. Branch; Matagorda, Ira Ingram, speaker of the first session, succeeded 
by D. Davis D. Baker, in the second; Milam, Francis W. Wethered, whose 
seat was contested and finally given to Samuel T. Allen; Nacogdoches, John 
K. Allen, died February 12, 1847; Haden H. Edwards, in the first session 
and Haden Arnold in the second; Red River, Dr. Mansell W. Mathews, 
George W. Wright (died August 1, 1877,) Wm. Becknell (for a short time 
Becknell's seat was contested and, on his own motion, awarded to Collin 
McKinney, who died in Collin County in 1860, aged 94 years) ; Refugio, 
Elkanah Brush; San Augustine, W. W. Holman, died in October, 1873, and 
Dr. Joseph Rowe, died in 1865; Sabine, John Boyd; Shelby, Richard 
Hooper and Sidney O. Pennington ; San Patricio, John Geraghty ; Victoria, 
Richard Roman, died in California in 1876; Washington, Wm. W. Hill and 
W. W. Gant. 

OFFICERS OF THE HOUSE. 

Thomas Blackwell, Recording Clerk; W. T. Hendricks, Door-keeper at the 
first and Abner S. McDonald at the second session; William D. Thompson, 
Engrossing Clerk at the first and Thomas Green at the second session ; 
Augustus Parker, Sergeant-at-Arms at the first and George S. Stratton at 
the second session ; Elisha M. Pease, Assistant Secretary at the first and John 
S. Simpson at the second session; M. J. Falvell, Reporter. 



CHAPTER IX. 

Induction of Houston and Lamar into Office — Lamar's Tribute to Zavala — 
The New Cabinet — The Labors of the First Congress — Selection of 
District and County Officers. 

The constitution provided that the President and Vice-Presi- 
dent should be inaugurated on the second Monday in Decem- 
ber; but the anomaly was now presented of the constitutional 
Congress being in session, while the President and Vice-Presi- 
dent ad interim were still in office. Mr. Zavala resigned his 
office on the 21st, and on the 22d, President Burnet sent in 
this, his last official communication: 

" Executive Department, ) 

Columbia, October 22, 1836. j 
" To the Honorable Senate and House of Representatives ; 

" Gentlemen: The period having arrived when, in the esti- 
mation of Congress, the constitutional government may be 
completely organized, and, as I conceive such organization to 
be desirable, I request that the Congress will not consider my 
incumbency as any obstacle to the immediate inauguration of 
the executive officers elect. 

" Sensible of having discharged my duty to my adopted coun- 
try to the utmost extent of my abilities, and with a faithful- 
ness unmingled with a selfish feeling, I shall retire from office 
with the inmost approbation of my own conscience, which I 
esteem more than the plaudits of men. 

"David Gr. Burnet." 

On the same day, in the presence of the two houses of con- 
gress and a number of distinguished invited guests, among 

(105) 



106 HISTOKY OF TEXAS. 

whom were ex-Grovernor Henry Smith and many spectators, 
Sam Houston was installed as President, and Mirabeau B« 
Lamar as Vice-President of the Kepublic. The oath of office 
was administered to each by Ira Ingram, Speaker of the House 
of Eepresentatives. 

General Houston, being called upon somewhat unexpectedly 
to assume the office, on that day, delivered a short impromptu 
address, abounding in patriotic sentiment, and deferred till 
another occasion a general expression of his views and the 
submission of recommendations. Until that hour he was 
major-general and commander-in-chief of the army, and on 
the day of his inauguration wore the sword he had carried at 
San Jacinto. The following description of the concluding 
part of his address is from the official report, House Journals 
of 1836, page 87. 

" Here the President paused for a few seconds and disen- 
gaged his sword and continued : 

"It now, sir, becomes my duty to make a presentation of 
this sword — this emblem of my past office." The President 
was unable to proceed farther; but, having firmly clenched it 
with both hands, as if with a farewell grasp, a tide of varied 
associations rushed upon him in the moment; his countenance 
bespoke the workings of the strongest emotions; his soul 
seemed to have swerved from the hypostatic union of the body, 
to dwell momentarily on the glistening blade, and the greater 
part of the auditory gave outward proof of their congeniality 
of feeling ; it was in reality a moment of deep and exciting 
interest. After this pause, more eloquently impressive than 
the deepest pathos conveyed in language, the President pro- 
ceeded : " I have worn it with some humble pretensions in 
defense of my country; and, should the danger of my coun- 
trymen again call for my services, I expect to resume it and 
respond to their call if needful, with my blood and my life." 

Vice-President Lamar then delivered his inaugural, beautiful 
both in diction and conception, and breathing a spirit of 



HISTORY OF TEXAS. 107 

patriotism so pure and elevated as to deserve preservation 
among the forensic gems of our archives. Passing the merely 
formal parts the following is reproduced : 

" As Vice-President merely, I shall not be invested with 
official means to accomplish much, either of good or evil. 
The positive power, the active authority which might fall to 
my lot by an unhappy contingency, I sincerely pray I may 
never be called [upon to exercise, since it could only devolve 
upon me through national calamity (i, e. the death of 
the President). Upon you, gentlemen, and not upon any 
branch of the executive department, rests the good or evil 
destiny of this Eepublic. Mine is a station of honor ; yours 
of action and responsibility. You have been convoked for 
high and solemn purposes, with duties to perform and obliga- 
tions to discharge involving the most sacred principles of 
liberty and the deepest interests of humanity. A brave and 
virtuous people, struggling for freedom and independence, 
have made you the depository of their highest gift; and the 
permanent weal or woe of our country depends upon the 
fidelity or selfishness with which you shall execute the trust 
reposed. If, discarding all the meaner propensities of falli- 
ble nature, you shall approach the task assigned you, with 
reason for your guide, rectitude your policy, and the public 
good your only end and aim, I doubt not that you will, under 
the auspices of Divine Providence, be able to pass such laws 
and adopt such a system of measures as will result, not only 
in honor to yourselves, but in great glory and happiness to 
your country. You have it now in your power to open a 
fountain of legislation which, though a little stream at present, 
fertilizing as it flows, will continue enlarging with the lapse 
of time, as a rivulet of water widens as it wends its way to the 
ocean. But if you should prove recreant to the trust confided — 
if, listening to the whisperings of ambition and cupidity, you 
should depose the authority of conscience and yield your- 
selves up to the dominion of selfish passion, making the demons 



108 HISTORY OF TEXAS. 

of gold and glory the gods of your idolatry, it will be impossi- 
ble to estimate the extent of mischief which must enevitably 
flow, not only to the living, but to many a coming generation. 
The evils may be boundless and irremediable ; and at a crisis 
like the present, when the hopes of your countrymen and the 
eyes of all civilized nations are turned upon you, any derelic- 
tion of duty and sad betrayal of confidence, cannot fail to 
draw down upon yourselves the scorn of earth, and upon our 
country the wrath of Heaven. If ever there was a time when 
all selfishness should be sacrificed upon the holy altar of 
patriotism, now is that tune. 

" We are in the midst of a revolution, — struggling for a 
separate national existence — laboring under many serious and 
alarming disadvantages — almost destitute of civil govern- 
ment — trembling as it were upon the verge of anarchy — 
with too little credit abroad and too much of the fiery ele- 
ment of discord at home. To extricate ourselves from this 
fearful condition, will require not only our mental ener- 
gies, but an exertion of the very hightest order of moral 
worth. The least deviation from the direct path of wisdom 
and virtue may bring woes innumerable upon our country, and 
lose to us forever all those blessings which we hope to gain 
by the restoration of peace and the erection of a free and inde- 
pendent government. Hence, gentlemen, those venal indi- 
gencies and selfish motives of legislation which under ordinary 
circumstances, might be productive of temporary mischief 
only and passed by without punishment, would, under the 
existing condition of things, in our present attidude to the 
world, be in its turpitude of the deepest dye, meriting the 
chastisement of universal execration. 

" Gentlemen, I should be doing injustice to my own feel- 
ings if I were to resume my seat without paying to my 
predecessor in office that tribute of respect to which he is 
justly entitled, by his public as well as his private virtues. 



HISTORY OF TEXAS. 109 

Through the period of a long life the ex-Vice-President, 
Governor Lorenzo de Zavala, has been the unwavering and 
consistent friend of liberal principles and free government. 
Among the first movers of the revolution of his native 
country, he has never departed from the pure and sacred 
principles upon which it was originally founded. This steady 
and unyielding devotion to the holy cause of liberty has been 
amply rewarded by the high confidence of the virtuous portion 
of two republics . The gentleman, the scholar and the patriot, 
he goes into retirement with the undivided affections of his 
fellow-citizens: and I know, gentlemen, that I only express 
your own feelings, when I say that it is the wish of every 
member of this assembly that the evening of his days may 
be as tranquil and happy as the meridian of his life has been 
useful and honorable." 

This just and merited tribute to the pure and spotless 
Zavala was unwittingly, on the part of its eloquent author, a 
virtual eulogy upon the dead. On the 15th of November, only 
twenty-four days later, at his homeonBuffab Bayou, Zavala's 
soul peacefully plumed its flight to join the good and great 
who had gone before. In his native Yucatan his memory is 
enshrined in every heart. By the redeemed multitude in 
Mexico he is venerated as one of the most illustrious of those 
heroes whose names adorn the pages of the history of their 
country. To the old citizens of Texas his memory is dear; 
and to those of a later day it should be. 

Promptly following his installment, President Houston sent 
to the Senate, and that body promptly confirmed, his nomina- 
tion of men to compose his cabinet. They were: 

Stephen Fuller Austin, Secretary of State ; Henry Smith, 
Secretary of the Treasury ; Thomas J. Rusk, Secretary of 
War ; Samuel Ehoads Fisher, Secretary of the Navy ; James 
Pinkney Henderson, Attorney-General; Robert Barr, Post- 
master General. General Eusk soon resigned, his private 



110 HISTORY OF TEXAS. 

affairs requiring attention, and William S. Fisher succeeded 
him Eusk's appointment left General Felix Huston in 
command of the army then on the Lavaca. 

The labors of the first Congress demanded the highest 
exercise of wisdom and prudence. They were herculean in 
magnitude, involving the enactment of primary laws embrac- 
ing within their scope the entire machinery of civil govern- 
ment under a written constitution. Not only were the 
general principles pertaining to such a form of government to 
be securely embedded in the laws, but the rights of individ- 
ual citizenship defined and protected. The rights of citizens 
to land as immigrants ; and of the soldiers who had fought 
the battles of the country, or were yet in the army ready to 
take the field if farther occasion demanded, were to be secured 
by equitable headright and bounty laws. These grave re- 
sponsibilites, embarrassed by the confusion incident to the 
times, were met with a wisdom that challenges the admiration 
of after times. 

Under the constitution of the Republic, Congress was 
clothed with power to organize counties and county govern- 
ments. In exercising it, that body reserved to itself the 
power to elect the county judges, surveyors, and boards of 
land commissioners to issue land-certificates to those who, upon 
proper proof, should be found to be entitled to them. Only 
the acknowledged patriotism of this Congress and the tem- 
porarily unsettled condition of the pupulation can excuse this 
centralization of power. So far as known, the Congress made 
safe and judicious selections. This is especially true with 
reference to its selection of county judges. 

On the 16th of December, 1836, the two houses assembled 
in joint session for the election of sundry officers under the 
Republic. 

James Collinsworth was elected Chief Justice of the Supreme 
Court by 25 votes to 18 cast for Richard Ellis. 






HISTORY OF TEXAS. Ill 

Shelby Corzine was unanimously elected Judge of the first, 
or eastern district. 

Benjamin C. Franklin was elected Judge of the second, or 
Brazoria district, by 23 votes to 19 for J. D. Woods. 

Eobert M. Williamson was elected for the third, or Wash- 
ington, district, by 30 votes to 7 for Thomas E. Jackson and 
5 for W. L. Underwood. 

James W. Robinson was elected for the fourth, or western, 
district, by 34 votes, to 8 for W. D. Jarvis. 

The District Judges, with the Chief Justice, composed the 
Supreme Court. 

The following prosecuting attorneys were elected : 

First district, Eichardson Scurry, by 38 to 3 votes. 

Second district, Augustus M. Tompkins, by 31 votes to 6 
for Henry P. Brewster and 5 for Fenton M. Gibson. 

Third district, H. C. Hudson, unanimously. 

Fourth district, John Eicord, unanimously. 

For Auditor, John W. Moody, received 23 votes ; E. M. 
Pease, 18. 

For Treasurer, Asa Brigham, was elected unanimously. 

County Judges: Austin County, Thomas Barnett; Bexar, 
Joseph Baker (Don Jose) ; Bastrop, Andrew Eabb ; Brazoria, 
George B. McKinstry; Colorado, William Menefee; Goliad, 
W. H.McIntire ; Gonzales, Bartlett D. McClure; Harrisburg, 
Andrew Briscoe; Jackson, Patrick Usher (died in Perote 
prison, 1843) ; Jasper, Joseph Mott; Jefferson, Chichester 
Chaplin; Liberty, Daniel P. Coit ; Matagorda, Silas Dins- 
more; Milam, Massillon Farley; Nacogdoches, Charles S. 
Taylor ; Eed Eiver, Eobert Hamilton ; Eefugio, John Dunn ; 
San Augustine, William McFarland; Sabine, Matthew Parker ; 
Shelby, George V. Lusk ; San Patricio, John Turner; Vic- 
tora, John McHenry; Washington, John P. Coles. 

William H. Wharton was appointed Minister to the United 
States, and soon left for Washington City. 



112 HISTORY OF TEXAS. 

On the 21st of December, after a session of two months 
and eighteen days and the enactment of many wise, and a few 
imperfect or unwise laws, and selecting the new town of 
Housto'n as a temporary seat of government, the Congress 
adjourned to meet in that place on Monday the first day of 
May, 1837. 






CHAPTER X. 

President Houston's Wise and Patriotic Action — Zeal of Gen. Austin for 
the Public Weal — His Death and the Universal Lamentations of the 
People — Ceremonies attending His Interment — Gen. Hamilton of 
South Carolina invited by Congress to become a Texian and Commander 
of the Army — Santa Anna to President Houston. 

Iu the selection of his cabinet and William H. Wharton as 
minister plenipotentiary to the United States, President 
Houston manifested a most generous spirit — wisdom in states- 
manship — and a sincere desire to harmonize hitherto discord- 
ant elements — elements represented by men whose antagonism 
grew out of differences of opinion as to the true policy to be 
pursued by Texas, during the period of the revolution, with 
reference to a declaration of independence. It was an 
inspiration worthy of the chief magistrate of a newly-born 
and sorely-tried republic of free men, to seek to heal the 
wounds inflicted in the discussion and settlement of that issue. 
He felt that the virtue and intelligence of the country should 
combine and act unitedly for the promotion of the common 
happiness and prosperty. Ignoring apparent rivalry in the 
presidential election, he urged the selection of Stephen F. 
Austin as Secretary of State, and ex-Governor Henry Smith 
as Secretary of Treasury, leaders respectively of the opposing 
parties, on the primary question of independence. This 
action was hailed by the patriots of the country, of all for- 
mer-shades of opinion, as eminently wise and just. Other 
selections, especially those of General Rusk, Mr. Henderson 
and Mr. Fisher, strengthened the public gratulation. To see 
those men sitting around the same board, forgetting the past 
and striving unitedly for a brilliant future, sent thrills of joy 
and hope through the anxious hearts of the people. 

8 (113) 



114 HISTORY OF TEXAS. 

The multiplied labors for the moment cast upon General 
Austin, in regard to our foreign relations, and the internal 
organization of the civil departments of the government, 
national and municipal, were met with a zeal and courage 
worthy of his best days. He labored almost incessantly 
(though still in feeble health) in inclement weather and in 
uncomfortable quarters without fire. It was too much for 
his feeble frame. His self-sacrifice attested his courageous 
devotion to duty. Suddenly he was stricken and compelled 
to yield — to seek repose on his couch. Speedily pneumonia 
developed, in malignant form, and in two or three days after 
ceasing his official labor, at 12:30 p. m., on the 27th of 
December, 1836, the soul of Stephen Fuller Austin followed 
that of his father, which had taken its flight in 1821. As the 
news spread, lamentation was universal over the land. 

From the first day of January, 1822 — the feeble dawn of 
American civilization > on the Brazos — he had been identified 
with every movement having as its object the public good. 
He had toiled, in sunshine and in storm, for the prosperity of 
his colony, and, indirectly, had given aid to other colonies. 
His long imprisonment in the dungeons of Mexico, from the 
effects of which he never recovered and which, as the incipient 
cause, doubtless hastened his death, excited for him the sym- 
pathy and affection of his fellow-citizens. At the time of 
his decease he was in his forty-fourth year. While he had 
but reached manhood's meridian, in the latter years of his 
life, owing to innumerable hardships and sufferings that he 
had encountered, he presented the appearance of an old man. 
His mistakes in public policy were forgotten. His moral 
virtues, conceded by all, and his patriotism, denied by none, 
were alone remembered by the people. 

It has been a misfortune to the fame of Stephen F. Austin, 
but not to as great a degree as to that of General Houston, 
that inconsiderate biographers, in the exuberance of an over- 
weening admiration, have attributed to him merit that he did 



HISTORY OF TEXAS. 115 

not possess. The attempt to make it appear that he was the 
father of Texian independence is of this character. It has 
been shown that he was nothing of the sort. His course 
on the subject, however, in nowise detracts from his claims to 
patriotism. History is instructive and valuable only in so far 
as it is a record of facts, with results springing from them. 
Stephen F. Austin, in 1822, assumed the position of his 
deceased father in a contract with the Mexican government, 
to introduce into Texas a number of American families for a 
specific consideration in land. He complied with his contract 
as a business transaction. In this matter patriotism had no 
part, De Witt, Sterling C. Robertson, Power and Hewitson, 
McMullen and McGloin, Milam, Burnet, Vehlein, Zavala, 
Beales, Cameron and others entered into similar contracts, 
some to succeed and some to fail, and with them too not 
patriotism but self-interest supplied the motive force. Nor 
was the exercise of this sentiment manifested until there were 
in the country a sufficient number of Anglo-Americans and 
Europeans to need a distinct political organization for their 
mutual protection against the evils of constantly recurring 
civil commotions, and internecine strifes in Mexico. This 
was in 1832. Thenceforward Stephen F. Austin's claims to 
the respect of posterity as a patriot become a part of our 
political history. The succeeding events have been given 
with an impartial reverence for truth; and by that test, the 
name of Austin must be handed down to posterity as a patriot. 
He was in other respects, more than this; he was a painstak- 
ing laborious man of business, just in regard to the rights of 
his colonists, an exemplar of personal and public virtue and 
the most tender domestic affections — a plain common sense 
man, without brilliancy of mind or genius, but eminently safe 
and prudent in all that engaged his attention. Let his mem- 
ory be imperishably preserved on the brightest history of 
Texas. 

General Austin died in the house of his friends, Mr. and 



116 HISTORY OF TEXAS. 

Mrs. George B. McKinstry. His remains lay in state from 
the 27 ih to the 29th, on which day they were escorted from 
West Columbia, two miles, to the steamboat Yellow Stone, at 
Columbia. Colonel George W. Poe acted as marshal of the 
procession, headed by the Sergeant-at-Arms of the Senate and 
House. Then followed the hearse, with his colleagues of the 
cabinet, Henry Smith, Wm. S. Fisher, James P. Henderson 
and S.Rhoads Fisher, as pall-bearers ; his relatives ; President 
Houston and Vice-President Lamar ; officers of the civil list, 
officers of the army, officers of the navy and clerks of the 
departments and citizens. 

On arriving at Peach Point, on the river, the home of James 
F. Perry, his brother-in-law, and the place of interment, 
the procession was met by a detachment of the first regiment 
of infantry, under Captain Martin K. Snell, who paid the 
last honors to the deceased patriot, on his interment. His 
only sister and other kindred were in after years buried beside 
him. 

On the day of his death the following order was issued : 

*' War Department, ) 

"Columbia, December 27, 1836. 5 

" The father of Texas is no more. The first pioneer of the 
wilderness has departed. General Stephen F. Austin, Secre- 
tary of State, expired this day at half-past twelve o'clock, at 
Columbia. 

" As a testimony of respect to his high standing, undeviating 
moral rectitude, and as a mark of the nation's gratitude for 
his untiring zeal and invaluable services, all officers, civil and 
military, are requested to wear crape, on the right arm, for the 
space of thirty days. All officers commanding posts, garrisons 
or detachments will, so soon as information is received of this 
melancholy event, cause twenty-three guns (one for each 
county in the Republic), to be fired, with an interval of five 
minutes between each ; and also have the garrison and reg- 



HISTORY OF TEXAS. 117 

imental colors hung with black, during the space of mourning 
for the illustrious deceased. 

" By order of the President, 

" William S. Fisher, 

" Secretary of War." 

A similar order to the navy was issued by S. Rhoads Fisher, 
Secretary of that department. 

Among the touching episodes connected with the death of 
General Austin, was the presence with him in the hour of 
death of perhaps his oldest living friend in Texas, Major 
James Kerr, of the Lavaca, who had served with him in the ter- 
ritorial legislature of Missouri twenty years before, and who 
had ever been his warm and confidential friend in Texas. 
There lies before me now an entry in the private diary of Major 
Kerr, written on the day of Austin's death, beautiful in its 
tender lamentation over the sad event. 

In the Senate of the United States, on the first of August, 
1854, after referring to the American fathership of Texas, 
General Sam Houston, in the fullness of a great heart, 
said: 

" Stephen F. Austin was the father of Texas, This is a 
designation justly accorded to him, as will be testified to by 
every man who is acquainted with the primitive history of 
Texas, or its progress, as long as he lived. He is entitled to 
that honor. * * * Posterity will never know the worth 
of Stephen F. Austin, the privation which he endured, the 
entei prise which he possessed, his undying zeal, his ardent de- 
votion to Texas and her interests, and his hopes connected 
with her glorious destiny." 

It should have been stated a little earlier that on the ap- 
pointment of General Rusk as Secretary of War and the com- 
mand of the army falling upon General Felix Huston, a joint 
resolution of Congress invited General James Hamilton, of 
South Carolina, to become a Texian and commander-in-chief 



118 HISTORY OF TEXAS. 

of the army. That gentleman became a Texian, but declined 
the honor of commanding the army. 1 

On the death of Austin, President Houston appointed James 
Pinkney Henderson Secretary of State ; but he was subse- 
quently sent as Minister to Great Britain and France, to seek 
an acknowledgment of Texian independence and favorable 
treaties. Thereupon, Dr. Robert A. Irion of San Augustine 
became Secretary of State and served till the close of Hous- 
ton's administration in December, 1838. In this connection 
it may be stated that, during this two years' presidential 
term, the other cabinet offices were successively filled as fol- 
lows : 

Secretary of the Treasury, Henry Smith. 

Secretary of War, Thomas J. Rusk (only for a few weeks), 
William S. Fisher, Barnard E. Bee, George W. Poe, and 
George W. Hockley. 

Secretary of the Navy, S. Rhoades Fisher and Dr. William 
M. Shepherd. 

Attorney-General, James Pinkney Henderson, Peter W. 
Grayson, John Birdsall and Albert S. Thruston. 

Postmaster-General, Robert Barr. 

Comptroller, Elisha M. Pease and Francis R. Lubbock. 

William H. Wharton, Memucan Hunt and Dr. Anson Jones 
were Ministers and Envoys to the United States, and W. F. 
Catlett, Secretary of Legation. James Pinkney Henderson 
was Minister to both Great Britain and France, and George S. 
Mcintosh his Secretary of Legation. 

1 General Hamilton had been a gallant soldier in the war of 1812-15, had 
been governor of Somh Carolina and United States Senator from that State. 
In the Senate of South Carolina, early in 1836, when George McDuffie, to the 
regret of his friends throughout the Union, had denounced the Texas revolu- 
tion in terms showing his ignorance of the issues involved, General Hamil- 
ton introduced counter resolutions and by one of the most eloquent speeches 
ever delivered in America, carried them almost unanimously. This won 
the hearts of all Texas. The distinguished services of General Hamilton 
to Texas will be recorded later on. 



HISTORY OF TEXAS. 119 

William H. Wharton as Envoy Extraordinary reached 
Washington in December and presented his credentials. His 
labors greatly hastened the acknowledgment of Texian inde- 
pendence although, of course, he was not officially recognized 
by the United States government until that time. 

The following letter was written by Santa Anna to Gen. 
Houston fifteen days prior to his departure from Texas: 

" Okozimbo, November 5, 1836. 
"To His Excellency, Gen. Sam Houston: 

< 'My Esteemed Sir: Through the channel of your com- 
missioners, and by my conversation with you on the 2d 
instant, I have manifested to you the importance of my visit 
to Washington City to adopt the most effectual mode of ter- 
minating the Texian question ; and, as time is passing, without 
any definite. action, when it is most precious, I am desirous 
that you, who are so deeply interested in the welfare of this 
country, should expedite the final determination of this ques- 
tion — using, if you should deem it advisable, the following 
reasons : 

"When the treaty of the 14th of May was entered into, 
it was based upon the principle that Texas should form an 
independent nation, and should acquire a legal existence 
by means of the acknowledgment of Mexico. But, as that 
basis has been changed by the recent declaration of the people 
of Texas in favor of annexation to the United States of the 
north, it appears to me that, by this declaration, the question 
is much simplified; because, in future, it will appertain to the 
cabinet at Washington to regulate this matter, and with whom 
Mexico will not hesitate to enter into explanation, as a definite 
treaty is desired. 

" The mode of effecting this important object, without loss 
of time, is what I hope to attain by my conference with the 
cabinet at Washington, at the same time conciliating all 



120 HISTORY OF TEXAS. 

interests. Convinced as I am that Texas will never reunite 
with Mexico, I am desirous, on my part, to improve the 
advantage which may offer, and avoid the sacrifices which 
will occur should an imprudent attempt to reconquer this 
country, which has hitherto proved more detrimental than 
beneficial ; consequently reducing the Texas question to this 
single point — the regulation of the limits between the United 
States and Mexico, which, you are aware, has been pending 
many years, and may be fixed at the Nueces del Norte, or any 
other boundary, as may be decided on at Washington. Thus 
disagreeable discussions, which might delay the definite ter- 
mination of this question, or cause a difference between two 
friendly nations, will be avoided. 

"This, in substance, is a plain, safe and speedy mode of 
terminating this important matter, and, as all are interested, 
it becomes necessary that you facilitate my journey to 
Washington with the least possible delay. 

" In regard to the stipulation in the secret treaty, that my 
journey should be direct to Vera Cruz, there will be no surprise 
when the reasons why I first go to Washington City are 
known ; and should I be sent the latter route, I would like 
that Messrs. Hockley, Patton and Bee should accompany me. 
Should it meet your approbation, you can commission them 
for that purpose. 

" I conclude by repeating to you what I have said, both 
verbally and in writing — that my name, already known to the 
world, shall not be tarnished by any unworthy action. Grat- 
itude is my characteristic ; so you will have nothing on your 
part to repent. To you I owe my existence, and many 
favors of which I am deeply impressed; and these I will 
endeavor to reciprocate as they so justly deserve. 

" I have the honor to remain 

" Your most obedient servant, 

" Antonio Lopez de Santa Anna." 



HISTORY OF TEXAS. 121 

President Houston, notwithstanding Congress, by a close 
vote, refused to advise that course, assumed the responsibility, 
on the 20th of November, of placing Santa Anna and 
Almonte in charge of Messrs. Barnard E. Bee, George W. 
Hockley and William H. Patton, to be escorted, in accord- 
ance with Santa Anna's desire, on a visit to President Jack- 
son, at Washington City. This was under the pledge of 
Santa Anna to seek the mediation of President Jackson and 
to do whatever he could to secure the independence of Texas 
and its annexation to the United States. His release, in any 
point of view, as matters then stood, was dictated by the 
soundest policy, the question of humanity or retribution for 
his crimes having already passed into history. His return to 
Mexico then, unlike it would have been had the soldiery not 
interfered on the 4th of June in forcing his detention, would 
find Mexico again torn into factions and the government in the 
hands of his enemies. Hence, if so inclined, he could do noth- 
ing to fulfill his promises. On the other hand any attempt he 
might make to recover his lost power and prestige, would still 
farther distract Mexico and prevent aggression towards Tex- 
as. He arrived in Washington on the 18th of December, and 
had several private conferences with President Jackson, with 
whom he had recently exchanged letters, and by whom he was 
received and treated with the courtesy due his former rank. 
But the government of Mexico as then constituted, through 
its minister at Washington, had, on the 20th of July, notified 
the government of the United States that Santa Anna no 
longer held power in that country, and it would be bound by 
no act of his. 

Under such conditions his visit to Washington, in a political 
sense, amounted to nothing ; but it subserved the objects most 
dear to his heart, first to get out of Texas, and secondly to 
travel that route, however tortuous, along which there would 
be the least danger of some brother of one of his victims at 
Goliad speeding a bullet through his heart. On the 26th of 



122 HISTORY OF TEXAS. 

December, 1836, after spending eight days in Washington, 
Santa Anna embarked on a ship of war, furnished by the 
president, for Vera Cruz. On arriving there he was greeted 
by no demonstrations of joy ; but rather the frowns of those 
from whom he naturally expected congratulations. Suppres- 
sing his indignation, he sullenly repaired to his home, the 
hacienda of Mango de Clavo, to nurse his wrath, concoct new 
plans and await an opportune moment to re-appear in the 
politican arena. He could not, however, be robbed of the 
sense of supreme satisfaction that attended his reflections up- 
on the fact that, despite his horrible crimes against humanity 
and the possession of his person for seven months, by the 
" barbarian hordes, land thieves, ungrateful colonists and 
pirates of Texas," he yet lived sound in body and limb. 

On the 21st of December, during the stay of Santa Anna 
and after the arrival of Mr. Wharton in Washington, Presi- 
dent Jackson sent in a special message to Congress, in relation 
to Texas. Guarded by certain prudential conditions as pre- 
requisites, he was in favor of the recognition of Texian inde- 
pendence. The matter was discussed by that body, at 
intervals, till the close of the session on the 3d day of March, 
1837, on which day, both houses having passed the same, 
that venerated soldier, statesman and patriot, closed his last 
presidential term and his public life, by signing a joint resolu- 
tion acknowledging Texas to be a free, sovereign and inde- 
pendent republic; whereupon Mr. Wharton was received as 
its duly accredited Envoy Extraordinary. The United States 
was the first government, in 1822, to acknowledge the inde- 
pendence of Mexico, and was now the first to acknowledge 
that of Texas. 



CHAPTER XI. 

Memucan Hunt, Minister to the United States, Minister Wharton re- 
signed — On the Gulf, he, the Schooner Independence, Capt. Wheel- 
wright and crew and schooner Julius Csesar, captured and imprisoned 
at Matamoros — His brother, seeking his release, also imprisoned — 
Both escape and reach Home — Texas withdraws her Application for 
Annexation — Naval Matters — Loss of the Invincible in a Fight off 
Galveston — Purchase of Naval Vessels by Samuel M. Williams — Iudian 
murders. 

In the meantime, President Houston, with the view of more 
effectively urging annexation, also commissioned Memucan 
Hunt to the government at Washington; but, before our 
recognition, Mr. Wharton had asked leave to resign and return 
home. This leave reached him a few days after that result 
was achieved and he left for Texas. He arrived in New 
Orleans on the 20th of March, and, after considerable delay, 
sailed for Texas in the schooner of war Independence, Captain 
George W. Wheelwright, with a crew of thirty-one men. 
About thirty miles off Velasco, on the 17th of April, the 
Independence was attacked by the Mexican brigs Libertador, 
carrying 16 eighteen-pounclers and 140 men, and the Vincedor 
del Alamo, carrying six twelve and one eighteen-pounder and 
100 men. After a severe fight of two hours, in which the 
Texians acted gallantly and Captain Wheelwright was severely 
wounded, the Independence was captured and carried into 
Brazos Santiago, whence the prisoners were carried into 
Matamoros and imprisoned. Learning of this, Colonel John 
A. Wharton with the President's permission, and with thirty 
Mexican prisoners and a flag of truce, sailed for Matamoros, 
to effect exchange for his brother and other captives ; but, on 
landing, was seized and imprisoned. After an imprisonment 

(123) 



124 HISTORY OF TEXAS. 

of six days, he escaped and returned home, his brother having 
escaped a few days before. 

To dispose of the question of annexation at that period it 
may be said that Mr. Hunt urged the matter in communications 
to Mr. John Forsyth, Secretary of State under President Van 
Buren, with much zeal; but the elements of opposition were 
too strong, especially from New England. A feeling in the 
north and east bitterly opposed to adding more slave territory 
to the Union, was responsible for the delay that attended the 
consummation of that measure. 

The result was that late in 1838, Texas formally withdrew 
her application for annexation and resolved to work out her 
destiny as an independent nationality. At least one of her 
eminent men, Vice-President Lamar, rejoiced at the result and 
very distinctly gave his reasons on succeeding to the presi- 
dency soon afterwards (December 10, 1838). He believed 
the protective policy in vogue in the United States would 
impoverish the agricultural States, and build up dangerous and 
corrupting monopolies in the manufacturing States. The 
wisest and purest men and a majority of the American people 
at the end of half a century, seem now to entertain the same 
opinion. 

On the 25th of April, 1837, all the Mexican prisoners at 
Liberty, after a captivity of one year and four days, were dis- 
charged from custody by President Houston with permission 
to return home ; but many of them preferred remaining 
among the Americans in Texas and did so. President Hous- 
ton sent six by water to Matamoros, hoping thereby more cer- 
tainly to secure the liberation of Minister Wharton, Captain 
Wheelwright and the crew of the Independence. 

The archives and officers of the government were removed 
to Houston, where a spacious capitol building had been erected 
by the proprietors of the new town, the brothers A. C. and 
John K. Allen, and on the first day of May, 1837, the first 



HISTORY OF TEXAS. 125 

Congress assembled there in adjourned session and so 
remained till the 13th of June, when it adjourned sine die. 

On the 21st of June ex-Governor Henry Smith, Secretary 
of the Treasury, tendered his resignation. Among other 
causes that impelled him to this action was that he felt that 
Congress, in its two sessions and contrary to his recommenda- 
tions, had failed to grapple wisely with the financial question, 
and had fallen into a policy of issuing treasury notes without 
imposing proper safeguards and hence he feared that the 
country would be flooded with depreciated paper, than which 
no greater financial evil can occur. In his letter of resigna- 
tion he said to the President : 

" I am satisfied that my services in the department, to 
which you have had the goodness to call me, cannot, under 
existing circumstances, be productive of any good to the 
public." 

After referring to his public services for years past, to the 
neglect of his private affairs, he said: 

** In asking permission to retire from your cabinet, I assure 
you that I am influenced by no other motive than a sense of 
duty to myself and growing family, whose prospects in life 
depend entirely upon my own individual exertions.' ' 

To this request President Houston replied, among other 
things, saying : 

" That you should retire at this time would, in my hum- 
ble opinion, be inauspicious to the interests of the country. 
Your steadfastness and integrity of character are calculated 
to inspire confidence in the community, and this is necessary 
to the success of our cause. Without national prosperity 
there can be no hope of individual happiness. 

" That you have paternal ties which must operate power- 
fully, I have no doubt, and that your life and attention to 
business (since I had first the pleasure of your acquaintance) 
have been most patriotically devoted to the public service and 



126 HISTORY OF TEXAS. 

interest, none can doubt. Then, if you and those in whom 
the people have confidence should resign, a want of confidence, 
if not despair, would seize upon the public mind, and anarchy 
would be the consequence. 

" That you had much to dishearten you in the course pur- 
sued by the* last Congress, I am satisfied most fully, but let us 
look out for better days and cherish the hope that the next 
Congress will adopt such measures as will save the country 
and redeem us from embarrassment." 

This appeal to the patriotism of Governor Smith deter- 
mined his course. He continued at his post, and was the 
only member of the cabinet who served from the beginning 
to the end of the term. 

On his retirement, at the expiration of his term, Decem- 
ber 10, 1838, the House of Kepresentatives passed the follow- 
ing resolution : 

" Resolved, That the thanks of this house be voted to the 
Honorable Henry Smith, late Secretary of the Treasury, for 
his able and statesman-like report furnished this house, in 
accordance with its resolution ; and also for the ability and 
integrity with which he has managed the finances of the 
country and presided over the treasury department during his 
connection with it." 

This was the third Congress (convened November 5, 1838), 
sitting during the period covered by Houston's administration 
and the beginning of Lamar's administration. 

At the same time and by the same force that captured the 
Independence, with Minister Wharton on board, the Texian 
schooner Julius Caesar, with a cargo worth thirty thousand 
dollars, was captured and carried into Brazos Santiago. 

The Mexican government proclaimed a blockade against the 
ports of Texas, and in attempting to enforce it, interfered 
with vessels of the United States. The Mexican war brig 
Urrea captured several American vessels and was herself 
captured and taken into Pensacola as a pirate, by the Ameri- 



HISTORY OF TEXAS. 127 

can sloop of war Natchez ; but, after some delay, she was 
released and resumed her place in the Mexican navy. 

In May the Texian navy made a cruise to the mouth of the 
Mississippi, in the vicinity of which they hovered for a week 
without encountering Mexican vessels, and then sailed down 
the coast of that country. Near the small island of Muger 
(woman) they captured several small prizes; and next ap- 
peared in front of the insignificant village of Sisal, in Yuca- 
tan, which they ineffectually bombarded, that place being 
shielded by shoal water so far in its front as to bid defiance 
to ordinary guns on ship board. They made, however, 
repeated landings on the coast and burned eight or nine vil- 
lages. The only places on the immediate coast, above the 
rank of villages, were Vera Cruz, El Carmen and Campeche, 
which they avoided. After this the Invincible, Captain 
Thompson, captured the Mexican schooner Arispe, of eighty 
tons, and the Brutus captured the schooner Telegraph. Both 
prizes were sent into Galveston. The Invincible, off the Al- 
licrane Islands, also captured and sent into Galveston the brig 
Eliza Eussell, of 180 tons; but she belonged to British sub- 
jects, carried nothing contraband of war, and was released 
with proper explanations, and payment of damages. 

The Invincible and the Brutus, Captain J. D. Boyland, 
arrived off Galveston on the 25th of August, having in tow 
an armed Mexican schooner which they had captured near the 
banks of Campeche. The Brutus and the prize entered the 
harbor the same afternoon, but the Invincible failed to get in. 
On the next morning she was attacked by two Mexican brigs 
of war. The Brutus in going out to her relief, ran aground 
and this left the Invincible to contend alone with two larger 
vessels. She made a gallant fight till late in the day and 
then attempted to cross the bar into port, but struck on the 
breakers near the southeast channel and, during the night, 
became a wreck. Her indomitable crew, however, effected 
a safe landing in the small boats. Their escape was hailed 



128 HISTORY OF TEXAS. 

with a joy as deep as was the lamentations at the loss of the 
Invincible, a favorite craft with the people. 

On the 4th of November, 1837, an act of Congress was 
passed for increasing the naval force of the republic. To 
carry it into effect, President Houston appointed Mr. Samuel 
M. Williams 1 to contract for the number and character of 
vessels required. On the 13th of November, 1838, he con- 
tracted with Frederic Dawson, of Baltimore, for one ship, two 
brigs and three schooners, to be fully armed, furnished with 
munitions and provisions and delivered in Galveston. 

In accordance with this contract deliveries of vessels were 
made in this order: on the 27th of June, 1839, the schooner 
San Jacinto ; on the 7th of August the schooner San Antonio ; 
on the 31st of August the schooner San Barnard ; and on the 
18th of October, the brig Colorado. The contract still called 
for a corvette and a brig. General James Hamilton also pur- 
chased for the navy the steamship of war Zavala. These 
vessels, including the Charleston, then undergoing repairs, in 
addition to the receiving brig Potomac, then constituted the 
Texian navy, of which, in a report, the Secretary of the Navy 
expressed the opinion that very soon after receiving orders 
for captures and reprisals, it would be a source of revenue to 
the government and re-imburse the Republic for the amount 
expended in its purchase. 

1 Mr. Williams was a well- known and useful man in Texas. He was 
a Baltimorean and settled in the colony in 1822. He understood the Spanish 
language and was valuable as a translator. From 1824 to the revolution in 
1835, he was secretary of Austin's colony, and it is conceded that Austin owed 
much of his success to the ability and peculiar qualifications of Mr. Will- 
iams. He lost his popularity, however, when in 1834-5, under the notor- 
ious land law of 1834, he purchased one hundred of the four hundred league 
schemes. In defense he published a long explanatory address to the people 
which somewhat mollified the public displeasure. As one of the firm of 
McKinney and Williams, in aiding the revolution, he regained public confi- 
dence. In 1839 he represented Galveston in Congress. As a merchant and 
banker in that city and in other capacities he maintained an honorable posi- 
tion till his death in 1858. 



HISTORY OF TEXAS. 129 

The Indians were very troublesome and threatening late in 
1836 and through 1837. President Burnet had placed Captain 
Robert M. Coleman in charge of a small ranging force in three 
or four detachments at different points ; one on the Trinity, 
one at the Falls of the Brazos and one at the three forks of 
Little River, and one near the mouth of Walnut Creek, on the 
Colorado. President Houston, presumably in consequence of 
an abusive and vituperative pamphlet published against him 
in regard to the San Jacinto campaign by Coleman, 1 removed 
the latter and placed Captain Smith in command. These de- 
tachments had numerous encounters with the Indians. With 
14 men and boys on the 7th of January, 1837, eight miles 
west of Cameron, Milam County, Lieutenant George B. Erath 
fought a hundred Indians in the Elm Creek bottom, killing 
about fifteen and losing two men, David Clark and Frank 
Childers. Lieutenant Wrenn fought and defeated a party near 
where the city of Austin stands, capturing all their horses and 
losing one man. Captain Wm. M. Eastland made a campaign 
to the head of the Leon and return down the Colorado. 
Twenty-two of his men, however, under Lieutenant Van 
Benthuysen, continued across the country and, in Wise 
County, had a bloody fight, in which Lieutenant Miles and 
eight men were killed and several wounded. Those who sur- 
vived escaped on foot and, after much suffering, halting for 
two or three days where the city of Dallas now stands, reached 

1 Captain Robert M. Coleman was a gallant soldier, but an impetuous 
man, governed too much by passion. His tirade against General Houston, 
after having served on his staff at San Jacinto, was as unseemly as unjust. 
He was drowned in 1837, while bathing at the mouth of the Brazos. His 
death was a great loss to the frontier, for despite his faults, he was a most 
valuable man, and none realized it more than General Houston. The death 
of his widow, an excellent lady, and his heroic son Albert (a boy of four- 
teen), and the captivity of a son of five years by Indians early in 1839, 
clothes his memory and that of his family with a melancholy interest. That 
this allusion is void of prejudice or unkinclness is evidenced by the fact that 
he who pens this note, more than twenty years after his death, named the 
county of Coleman in his honor. 

9 



130 HISTORY OF TEXAS. 

the settlements below. Lyons, Nunley, Smothers and Stiffler 
were killed at different times in Lavaca County. Warren, 
a son of Mr. Lyons, who lived in the southwest corner of 
Fayette County, was carried into captivity and remained 
among the Indians ten years. On Cumming's Creek in 
Fayette County, John G. Robison, then a member of the 
first Congress, and his brother (on a visit from the United 
States) were killed. A Mr. Davis was killed sixteen miles 
east of Gonzales. 

On the Trinity, west of Palestine, David Faulkenberry, his 
son Evan, and Columbus Anderson, were killed, and in sev- 
eral localities in east Texas massacres by savages occurred. 



CHAPTER XII. 

The second Congress and its members — More of the Army — Felix Hous- 
ton and Albert Sidney Johnston fight a Duel — Murder of Henry Teal and 
execution of the Murderer — Opening of the Land Office, with John P. 
Borden as Commissioner — The Origin of the term " Cow Boy." 

The .election for the second House of Representatives, in- 
cluding one third of the senators, whose predecessors had 
drawn the short term of one year, took place on the first 
Monday in September, 1837. 

President Houston called them together in special session 
on the 26th of September. 

In the House of Representatives twenty-three new members 
appeared, only seven of the former members having been re- 
elected. 

The members were: From Bexar, William H. Patton, 
succeeding Thomas J. Green, and Joseph Baker. 

From Brazoria, Dr. Anson Jones and Patrick C. Jack, 
succeeding John A. Wharton and Dr. Branch T. Archer. 

From Colorado, William Menefee, succeeding John G. 
Robison, killed by Indians. 

From Harrisburg, Dr. Thomas J. Gazley, succeeding Jesse 
H. Cart wright. 

From Jackson, George Sutherland, succeeding Samuel 
Addison White. 

From Jasper, Samuel S. Lewis, re-elected — died and was 
succeeded by Timothy Swift. 

From Jefferson, Joseph Grigsby, succeeding Claiborne 
West. 

From Liberty, Edward Tanner Branch, re-elected. 

From Bastrop, Jesse Billingsley, re-elected, and Edward 
Burleson, succeeding John W. Bunton. 

(131) 



132 HISTORY OF TEXAS. 

From Matagorda, Thomas J. Hardeman, succeeding first, 
Ira Ingram (resigned "> and second D. D. D. Baker. 

From Nacogdoches, Thomas J. Rusk and Kelsey H. Douglas, 
succeeding John K. Allen, Haden Edwards (resigned) and 
Hayden Arnold, his successor. 

From Refugio, James Power, succeeding Elkanah Brush. 

From Milam, William Walker, succeeding Samuel T. Allen. 

From Houston (a new county), Stephen O. Lumpkin. 

From Sabine, William Clarke, succeeding John Boyd; 
Clarke resigned and was succeeded by Boyd. 

From San Augustine, Dr. Joseph Rowe, re-elected, and 
Charlton Thompson, succeeding W. W. Holman. 

From Victoria, John J. Linn, succeeding Richard Roman. 

From Shelby, John English and William Pierpont, suc- 
ceeding Richard Hooper and Sidney O. Pennington. 

From Washington, Wm. W. Hill and W. W. Gant, both 
re-elected. 

From Gonzales, Andrew Ponton, succeeding William S. 
Fisher. 

From Austin, Oliver Jones, succeeding Moseley Baker, who 
removed to Harrisburg County. 

From Red River, Edward H. Tarrant, resigned and was 
succeeded by Peyton S. Wyatt ; Collin McKinney ( re-elected), 
Dr. Daniel Rowlett, succeeding M. W. Matthews. 

From Goliad, F. W. Thornton, succeeding John Cheno- 
weth. 

From San Patricio, Thomas H. Brennan, succeeding John 
Geraghty. 

Dr. Joseph Rowe of San Augustine was elected Speaker 
over Edward T. Brauch at both the called sessions of Sep- 
tember 26 and the regular session beginning November 6, 
1837. 

At the called session John M. Shreve was elected chief 
clerk over William Fairfax Gray ; and at the regular session 
Francis R. Lubbock was elected over the same gentleman. 



HISTORY OF TEXAS. 133 

The new senators for a full term of three years were: 

From Washington, Dr. George W. Barnett, succeeding 
Jesse Grimes. 

From Nacogdoches, Isaac W. Burton, succeeding Dr. 
Eobert A. Irion, appointed Secretary of State. 

From Shelby and Sabine, Emory Raines, succeeding Wm. 
H. Landrum. 

From Goliad, San Patricio and Refugio, John Dunn, suc- 
ceeding Edwin Morehouse. 

From Red River, Richard Ellis, re-elected. 

From Brazoria, William H. Wharton, elected to succeed 
James Collinsworth, who had become Chief Justice and who 
had succeeded Mr. Wharton when he became Minister to the 
United States. 

From San Augustine, John A. Greer, succeeding Shelby 
Corzine, who resigned upon being appointed district judge. 

After the interment of the remains of Fannin's men at 
Goliad, General Rusk, for a time, encamped the army at 
Spring Creek, three miles above Victoria ; then removed to the 
Lavaca. Prior to its disbandment in 1837, the army occu- 
pied about five different encampments on the Lavaca and 
Navidad, in Jackson County, but all in a square of ten miles. 
When General Rusk left the army to become (temporarily as 
it proved) Secretary of War, General Felix Huston became 
the commander. Later General Albert Sidney Johnston 
superseded Huston, at which the latter became offended and 
a duel between them resulted, in which Johnston was 
severely wounded in the thigh. 

As the terms of enlistment of different companies expired, 
they were discharged and the men scattered over the country 
as each individual preferred. Among them were many who 
became prominent and useful citizens, and some who acquired 
distinction in public positions. Volunteer companies con- 
tinued to arrive from the United States till the spring of 
1837, keeping up an aggregate force of from two thousand to 



134 HISTORY OF TEXAS. 

twenty-five hundred men. False alarms of Mexican invasion 
were of frequent occurrence and served in some degree to 
overcome the inertia incident to camp life. But volunteers 
idle in camp are prone to restlessness and subject to be influ- 
enced by such as have schemes for personal aggrandizement. 

The Texian camp was not an exception to the rule. Pent 
up enthusiasm or ambition found vent, from time to time, in 
suggestions more or less chimerical, among which was a 
renewal of the plan for a descent on Matamoros, understood 
to have its parentage in General Felix Huston, in the latter 
period of his commandancy. The judgment of more dispas- 
sionate men, who realized the utter want of resources to sus- 
tain such an expedition, was entirely averse to the enterprise. 
President Houston was of that class, and regarded such an 
undertaking (impoverished and illy supplied as the country 
was) as doomed to disaster. 

The many changes in the army, covering this period of in- 
activity, by resignations, elections and promotions; the dis- 
charge of those whose terms expired and the arrival of new 
companies, were such that it is almost impossible to convey an 
intelligible idea of its official composition. As the terms 
expired of those who were previously citizens of the country 
and had homes, or abiding places, they returned to them to 
provide for those dependent upon them, or to seek employ- 
ment as a means of subsistence. Colonel Burleson and most 
of the men at San Jacinto were comprehended in the latter 
class. A portion of the discharged volunteers returned, some 
only for a season, others permanently to the United States. 

Thus matters stood when, with about twenty-four hundred 
men in idleness and the government severely taxed for their 
subsistence, with no prospects of the renewal of serious hos- 
tilities by distracted Mexico, President Houston wisely 
assumed the responsibility of furloughing by companies all 
but about six hundred men, subject to be re-assembled by 
proclamation should an emergency arise. As no such contin- 



HISTORY OF TEXAS. 135 

gency arose, they were never called into service, but largely 
dispersed over the country to become valuable auxiliaries in 
building it up. Some went into the towns as mechanics, 
printers, lawyers, clerks, merchants, and an infinitesimal per 
cent as idlers, and many became invaluable settlers on and 
defenders of the frontier. General Albert Sidney Johnston 
remained in command of the reduced force. 

Besides those whose names appear in the list of soldiers at 
San Jacinto, there figured in the army, more or less, during 
the time under consideration, Colonel Thomas J. Green (who 
afterwards went to San Antonio and was elected to the first 
Congress in September, 1836) ; Colonel Rodgers, Colonel 
Edwin Morehouse, Colonel Thomas Wm. Ward (who lost a 
leg as one of the New Orleans Grays in storming San Antonio), 
and Henry Teal, Louis P. Cooke, — Tinsley, Lysander Wells, 
Wm. D. Redd, George W. Fulton, John Holliday (escaped 
from the Goliad massacre), AlonzoB. Sweitzer, Reuben Ross, 
J. P. C. Kenneymore, Clendenin, William G. Cook, Hugh 
McLeod, Peter H. Bell, G. H. Burroughs, Clark L. Owen 
(killed at Shiloh, April, 1862), John M. Clifton, Jacob Snively, 
John Hart (from Red River), John M. Bradley, John A. 
Quitman, James A. Sylvester, George W. Poe, Mathew Cald- 
well, Pinkney Caldwell, George T. Howard, Martin K. Snell, 
Nicholas Brown (from Rodney, Miss.)? Dr- J. P. B. January, 
William Scurlock, Wm. Becknell (from Red River;, Andrew 
Neill, Jerome B. Robertson, and — Love, who held commis- 
sions as officers of various ranks. 

During a terrific thunder-storm at night, in camp on the 
Navidad, Colonel Henry Teal was assassinated while asleep in 
his tent. The crime could be traced to no one; but in 1855, 
on the eve of his execution for a double murder in Galveston 
County, a wretch named John H. Schultz confessed to having 
fired the fatal shot. 1 

1 The officer of the guard on that tempestuous night was Captain George 
W. Fulton, a native of Philadelphia, but then captain of a splendid company 



136 HISTORY OF TEXAS. 

The labors of the second Congress, though failing to accom- 
plish what the country hoped for, were advantageous in many 
respects. The President vetoed a bill for establishing a land 

recently arrived from Vincermes, Indiana, with a company from Washington, 
Indiana, commanded by Barton Peck, who soon afterwards married Fanny, 
one of the three daughters of Thomas Menefee of the Navidad, and many 
years afterward died in Goliad County. 

From his home on Aransas Bay, February 12, 1889, Colonel Fulton among 
much else wrote : 

" On the night of the murder of Colonel Henry Teal, in company with 
several other officers, I passed an hour or two with Colonels Teal and William 
G. Cooke, in their tent. Colonel Teal recounted his experiences at San 
Jacinto and remarked : " I tell you, boys, when you can see straight down a 
gun barrel it looks mighty long." When, two hours later, I saw him dead, 
this remark was indelibly fixed on my memory. 

" Resuming my duty as officer of the guard, in a severe thunder-storm, 
at the instant of a most vivid flash of lightning, the report of a musket 
came almost simultaneously with the succeeding thunder-clap. In a few 
minutes the colored servant of Colonels Cooke and Teal came to my tent, 
which was within thirty yards of theirs, exclaiming: " Colonel Teal has been 
shot!" Being dressed I accompanied the negro man and was therefore the 
first, excepting the inmates of their tent, upon the spot. The cot of Colonel 
Teal had a leather bottom, depressed in a trough shape, and on feeling we 
found it almost filled with what in the dark we supposed to be rain water, 
but it was his blood. We secured a light and found him dead. He had 
been shot from the outside by an assassin, who, by the lightning, was enabled 
to miss Cooke about two inches and shoot Teal in the heart." 

Eighteen years passed before any light was throwm on this murder, when, 
through the instrumentality of Judge Edmund Bellinger of Gonzales County, 
who, on a visit to his old home in South Carolina, through a nephew not 
over twelve years of age, discovered and had arrested John Hamilton Shultz, 

as the murderer of Simeon Bateman and Jett on Galveston Bay, in 1845. 

Shultz was brought to Galveston, tried for this double murder and sen- 
tenced to be hanged in July, 1855. 

I visited this doomed man in his cell in the Galveston jail several times. 
He promised me the day before his execution to make a full confession to 
me or any one I would select. Lewis M. H. Washington, a printer who 
came with Fannin's men from Georgia, was selected. Washington stayed 
in Shultz' lighted cell all night and wrote down his confession. Next morn- 
ing he confidentially showed it to me, but enjoined secrecy as he expected 
or rather hoped to realize handsomely by its publication in pamphlet form. 
Before the publication Mr. Washington was killed in a battle on the San 



HISTORY OF TEXAS. 137 

office, very clearly setting forth his objections; but it was 
passed into law over his veto. He then evinced his desire to 

Juan River in Nicaragua, under the Walker invasion of that country. His 
papers were all lost. The confession was to this effect: 

That he was born and reared on the Wabash river, Indiana. That his 
whole family were thieves and some of them murderers. That his first great 
offense was in murdering for plunder a fellow passenger down the Wabash 
and Ohio, in a canoe, whereby he got considerable money. That on another 
occasion he murdered in the canebrakes of the Mississippi bottom, in west 
Tennessee, a land-seeker and got $7,000; that he was discovered, closely 
pursued and narrowly escaped in a canoe across the Mississippi into Arkan- 
sas, and in its swamps joined the Murrell gang of robbers and cut-throats; 
that in north Alabama he married a woman and then, to get her money, 
poisoned her; that in 1843, sixteen miles east of Gonzales, Texas, he had 
murdered one Green, his cousin and traveling companion, in order to secure 
his money, horse and equipments. With these he sought and obtained a 
home on the farm of Simeon Bateman, a planter, four or five miles west of 
Gonzales. 

In the winter of 1845 Mr. Bateman with one of the Jett brothers, locally 
distinguished as Texas rangers, wanted to take a steamer at Galveston and 
visit New Orleans. Between them they had about $4,000 dollars. They took 
Shultz with them to convey their horses back to their homes in Gonzales 
County. About three miles west of Virginia Point on Galveston Bay, they 
encamped for the night. During the night Shultz murdered them, took their 
money, crossed the bay to Galveston and escaped on the steamer of that day 
to New Orleans before the dead bodies were discovered. 

Though promptly tracked to New Orleans and Mobile, no further trace of 
him was found till ten years later when, by the mere prattling of a little boy 
he was discovered at Columbia, South Carolina, by Judge Bellinger, arrested, 
returned to Galveston, and by one of the most remarkable chains of evi- 
dence ever developed in the criminal jurisprudence of the United States, was 
tried, convicted and sentenced by Judge S. S. Mungertobe hanged. 

He confessed to Washington all that has been said in this note, which was 
the first intimation ever known as to who killed Colonel Teal, or Green on 
the head of the Lavaca, whose decaying body was first found by my elder 
brother, Rufus E. Brown, and John P. Tilley, while hunting cattle. Shultz 
fully explained how he killed Colonel Teal. He gave as his reason for the 
deed, that on a then recent expedition against the Indians, Colonel Teal had 
insulted him and he resolved on revenge. He confessed farther that he had 
robbed the patent office in Washington City and in escaping when discovered 
jumped from the roof of a house and his leg was broken. As a result of 
that accident he was captured, tried and put in the penitentiary of the Dis- 
trict of Columbia for (I think) five years. 



138 HISTORY OF TEXAS. 

have the law wisely and faithfully executed by appointing 
John P. Borden 1 the first commissioner. 

President Houston, on repeated occasions, with great firm- 
ness, but always in respectful terms, exercised the veto power 
to prevent what he considered hasty, unwise or dangerous 
legislation. In most cases, but not in every one, time vindi- 
cated his judgment. This was especially true in regard to 
the land law, which lacked the safeguards necessary to pre- 
vent frauds by unscrupulous men. The confusion and fraud- 
ulent practices it rendered possible, resulted in the enactment 
of the law of 1839-40, which created two traveling boards of 
commissioners, composed of three persons each, whose duty 
it was to visit and examine the records of all the county 
boards, showing the action of those bodies in issuing head- 
right certificates to claimants for land. He also wisely vetoed 
a bill providing for an excessive issue of treasury notes, 
against which policy also Governor Henry Smith, Secretary 
of the Treasury, was firmly opposed. 

A matter of great interest in the west was the abandonment 
of stock ranchos between the Nueces and Rio Grande, by their 
Mexican owners and herdsmen, caused by the inroads of wild 
Indians in 1834-5-6, and rendered universal by the retreat of 
the Mexican army in June, 1836. Immense herds of semi- 
wild cattle were left in that region. Filisola's army on its 
retreat had taken out of Texas all the cattle found on its line 
of retreat. The country to the east of that region was barren 
of cattle. The soldiers of Texas were suffering for meat. 
In this emergency, General Rusk adopted the plan of sending 

1 Fifty-six years later, were it practicable to take the sense of the 
survivors of that period, it is believed there would be no division of opinion 
in asserting that a more judicious selection could not have been made. The 
last survivor of a father and four sons, all valuable immigrants in 1829, ever 
true, intelligent and patriotic. John P. Borden receives at least this hom- 
age from one who served and suffered with him in the Rio Grande expedition 
in 1842. He died in 1891. 



HISTORY OF TEXAS. 139 

alternate detachments of mounted men into the abandoned 
country to drive in cattle for the use of the army. This plan 
was successful and no farther scarcity was experienced. 
•After the disbandment of the army, this mode of reprisal was 
resorted to by many discharged soldiers and large numbers of 
western citizens whose herds had disappeared during the 
invasion. Parties of ten to fifteen began a system of such 
reprisals on private account and met with no difficulty in 
gathering herds of from two to Hve or six hundred head. To 
reduce these herds to control (always selecting periods of 
moonlight nights) they would keep them in a virtual run for 
twenty-four hours, then graduate into a slower gait till, at 
the end of two or three days, they could be managed some- 
what like domesticated cattle. Goliad, deserted as it was for 
a time, was the first place where pens existed in which they 
could be corraled. 

This business flourished through 1838-9, but fell into 
disrepute and ceased about 1840. Western and central 
Texas, by the sale of these cattle, became possessed of a 
supply for breeding purposes which otherwise could not have 
been secured in many years and without which the frontier 
country could not have been populated and the people sus- 
tained as they were. This was the true origin of the term 
Cowboys in Texas. They were largely young men of the 
country, who had served in the army, and whose fathers had 
lost all their personal property in the war. A feeling 
arising in 1838, steadily grew in the country in favor of 
friendly trade with northern Mexico. It was responsive to 
overtures from that country and the belief that such com- 
mercial intercourse would be a safeguard against predatory 
warfare. President Houston issued a proclamation to en- 
courage this intercourse, and this was seconded by an act of 
Congress passed in the session of 1838-9. 



CHAPTEK XIII. 

■Death of Chief Justice Collinsworth — Meeting of third Congress — Con- 
tinued Indian depredations — Cordova's rebellion — Rusk's victory — 
The Famed Surveyor's fight — The Morgan massacre — French capture 
of San Juan de Ulloa — Santa Anna loses a Leg — Anson Jones Minister 
to the United States — Organization of a Regular Army — Retirement of 
Houston and inauguration of Lamar as President — The New Cabinet — 
Rusk made Chief Justice. 

During the year 1838, Chief Justice James Collinsworth of 
the Supreme Court, was drowned in Galveston Bay. Some 
writers have repeated the mistaken story that he committed 
suicide. His death was a loss to the country. He was a 
man of superior legal ability and high mental endowments. 
President Houston, until the meeting of Congress, appointed 
John Birdsall to fill the vacancy. 

The general election came off on the first Monday in 
September, 1838, for a full house of representatives, one- 
third of the senators, and for president and vice-president. 
Mirabeau B. Lamar was elected president with only 252 votes 
against him. David G. Burnet was elected vice-president, by 
a majority of 776 over the combined vote of Albert C. 
Horton and Dr. Joseph Rowe. 

The third Congress assembled in Houston, on the 15th of 
November, 1838. 

The newly elected senators were Harvey Kendrick, of 
Matagorda, succeeding Albert C. Horton; Edward Burleson, 
of Bastrop, succeeding James S. Lester; Oliver Jones, of 
Austin County, succeeding Alexander Somervell ; William 
H. Wharton, re-elected; and Benoni Stroud, of Robertson 
county, succeeding Sterling C. Robertson. 
(140) 



HISTORY OF TEXAS. 141 



THE THIRD HOUSE OF REPRESENTATIVES, 1838. 

Austin, John W. Bunton, previously from Bastrop. 

Bastrop, Greenleaf Fisk and John Caldwell. 

Bexar, Jose Antonio Navarro and Cornelius Van Ness 
(formerly American Secretary of Legation in Spain, under 
his father, Governor Wm. P. Van Ness, of Vermont). 

Brazoria, John A. Wharton (died December 17th) and 
Louis P. Cooke. 

Colorado, William Menefee, re-elected. 

Fannin (new county), Holland Coffee (founder of Coffee's 
trading house). 

Fayette (new county), Andrew Rabb, resigned and suc- 
ceeded by James S. Lester. 

Fort Bend (new county), Thomas Barnett. 

Goliad, Isaac N. Tower. 

Galveston (new county), Moseley Baker. 

Gonzales, Alonzo B. Sweitzer. 

Houston, Isaac Parker, (the beginning of fourteen years 
of continuous service). 

Harris (formerly Harrisburg), William Lawrence. 

Jackson, James Kerr, who had served the territorial legis- 
lature of Missouri and in the Senate and House of the State 
Legislature of Missouri, in the Texas conventions of 1832 
and 1833, in the provisional government of 1835, and was 
elected to the convention of 1836. 

Jefferson, Joseph Grigsby, re-elected. 

Jasper, Timothy Swift, re-eleeted. 

Liberty, Hugh B. Johnson. 

Matagorda, Edward L. Holmes. 

Milam, James Shaw. 

Montgomery (new county), Joseph L. Bennett. 

Nacogdoches, K. H. Muse and David S. Kaufman. 



142 HISTORY OF TEXAS. 

Kefugio, Eichard Koman, from Victoria in the first 
Congress. 

Robertson, Dr. George W. Hill, the beginning of long 
service. 

Reel River, George W. Wright, Dr. Isaac N. Jones and 
— Fowler. 

Sabine, — Payne. 

San Augustine, Ezekiel W. Cullen and Isaac Campbell. 

San Patricio, Benjamin Odium. 

Shelby, John M. Hansford and — Johnson. 

Victoria, John J. Linn, re-elected. 

Washington, James R. Jenkins and Anthony Butler (United 
States Minister to Mexico from 1830 to 1836). 

It will be seen that the number of counties had increased 
from twenty-three, in 1836, to thirty in 1838; and the number 
of representatives from thirty to thirty-seven. 

John M. Hansford, of Shelby, was elected Speaker without 
opposition; John W. Eldridge, Chief Clerk, and William 
Badgett, Assistant Clerk. 

The President, by a joint committee of the two houses, was 
informed of their organization and readiness to receive any 
written communication he might wish to make. In a com- 
munication to both houses he said : 

" Had no restriction been placed by the resolution on the 
right of the President to select the mode in which he would 
convey proper intelligence to Congress, and recommend such 
measures as he might deem necessary, he had important infor- 
mation to lay before the honorable body, and would have 
rendered it with pleasure, under the constitutional right 
secured to him, and in discharge of his duties. But for 
reasons which, to his mind, are satisfactory, he declines for 
the present, any further communication than to convey to 
Congress the reports of the several departments and the 
several bureaus attached to them. * * * They suggest 



HISTORY OF TEXAS. 143 

the necessary measures for the finance and defense of the 
country." 

Prior to this the President had delivered his messages, 
whether written or oral, in person, to the two houses in joint 
session. The merits of the controversy depend upon the 
intent of Congress. If the mode was intentionally and not 
accidentally indicated (which last would seem probable), it 
was a trivial act of discourtesy. The explanation that fol- 
lowed cannot be supplied; but, in the main, the President and 
Congress had respectful intercourse during the remaining 
five weeks of his term. 

Through James Pinkney Henderson, President Houston had 
established a commercial understanding with Great Britain 
and France, under which trade could be carried on and Texas 
enjoy the rights of a belligerent in the ports of those countries; 
all the rights usually accorded short of a recognition of 
independence. 

During the year occurred the Mexican rebellion headed by 
Vicente Cordova, with Manuel Flores as his lieutenant, in the 
county of Nacogdoches. Over a hundred misguided Mexicans 
took up arms and occupied a position on the Angelina Eiver, 
and were joined by a considerable number of Kickapoo and 
other Indians. Matters assumed an alarming aspect but the 
prompt measures adopted by General Eusk struck terror into 
the hearts of the malcontents, causing their dispersion in part, 
some to their homes and others up the country with Cordova, 
who remained in the wilderness a considerable time seeking 
to arouse the whole of the east Texas bands into hostility 
against the whites, in which to some extent, he succeeded. 
In November General Kusk fought, defeated and severely 
punished a band of Kickapoo. and other Indians, and thus 
matters stood till the spring of 1839. 

On the 10th of August, 1838, Captain Henry W. Karnes, with 
twenty-five men, on the Arroyo Seco, west of San Antonio, 
had been furiously assaulted by two hundred mounted Com- 



144 HISTORY OF TEXAS. 

anches. With admirable skill he selected a defensive posi- 
tion and killed about twenty of the assailants before they 
gave up the contest and left the field. 

Ou the Kio Frio, west of San Antonio, in 1838, a surveying 
party was attacked, the surveyor, Mr. Campbell, killed, and 
some of his companions wounded. 

On the 19th of October, a surveying party seven miles 
west of San Antonio, was attacked and Jones and Laphatn, 
the surveyors, killed. A party going to their relief was also 
assailed. Messrs. Cage, O' Boyle and Lee were killed and 
several wounded. 

In October occurred also what is known as the Surveyor's 
fight in Navarro County. From nine o'clock in the morning 
till twelve o'clock at night twenty-three men, from a ravine 
in the prairie, fought several hundred Indians. Seventeen 
Texians were killed and six escaped, three being severely 
wounded. 

These and other similar events occurred within a short time 
before the assembling of the third Congress. Others equally 
harrowing occurred during its sitting or immediately after its 
adjournment. Among these, in January, 1839, was the killing 
of an entire party of thirteen men, escorting the family of a 
Mr. Webster to their intended home in what is now William- 
son County. Mrs. Webster and child were carried into 
captivity. In February Mrs. Coleman and sou were killed 
about midway between Bastrop and Austin and one little son 
carried off. In the pursuit, first by Jacob Burleson and party, 
Burleson was defeated and his brother Jonathan killed. Ee- 
inforced by Colonel Edward Burleson (brother to the other 
two), a second fight occurred, resulting in a drawn battle and 
the death of three men, Edward Blakey, Kev. M. Gilleland 
and John Walters. All of these men were citizens of Bastrop 
and vicinity. As Congress had adjourned on the 24th of 
January, it will be seen that Colonel Burleson, a senator, had 
scarcely reached home when he was summoned, as on so 



HISTORY OF TEXAS. 145 

many previous and subsequent occasions, to lead his fellow- 
citizens in defense of their homes. 

On the night of January 1st, 1839, while Congress was in 
session, Indians surprised portions of two or three families in 
the house of John Morgan, six miles above the present town 
of Marlin. George Morgan, Sr., and wife, Jackson Morgan's 
wife, Jackson Jones and Miss Adelaide Marlin were killed. 
Mrs. William Morgan was left as dead, but survived. Three 
children escaped. 

Ten days later seventy Indians attacked the house (a few 
miles below) of John and Benjamin Marlin, who, aided by 
Jarett and Thomas Menefee (father and son), killed seven 
Indians and forced the others to retire. Citizens assembled 
to the number of forty-eight, under Captain Benjamin Bry- 
ant and pursued the Indians. Near Morgan's Point above 
Marlin, a fight took place in which Bryant was defeated with 
a loss of ten killed and five wounded. A disorderly retreat 
was the result. 

It will be seen under what calamities the third Congress met 
and sat for two months and nineteen days. It, however, not- 
withstanding these distractions, kept diligently at work and 
accomplished much. It provided rangers for frontier defense; 
for the permanent location of the seat of government, (as a 
result Austin was selected as the site and the seat of govern- 
ment was removed to that place in 1839), for a more efficient 
navy; set apart fifty leagues of land for a university, and 
lands for each county for school purposes ; invited friendly 
trade with northern Mexico ; improved the land, judiciary 
and probate laws ; extended land grants to encourage immi- 
gration and paved the way to the recognition of Texian inde- 
pendence by Great Britain, France and Belgium, or rather 
supplemented by additional efforts what had been done dur- 
ing Houston's administration towards that end. 

Under instructions from President Houston, Dr. Anson 

10 



146 HISTORY OF TEXAS. 

Jones, who had succeeded Mr. Hunt as Minister to the United 
States, formally withdrew the proposition for annexation to 
that country. The French blockade, attack on Vera Cruz 
and capture of the famed fort of San Juan de Ulloa, still 
further engaged the Mexicans at home and relieved Texas of 
further apprehensions in that direction. It was in the siege 
of San Juan de Ulloa that Santa Anna lost his leg. 

A regiment of regular troops was provided for by Congress 
and soon raised, with Edward Burleson as colonel, Wm. S. 
Fisher as lieutenant- colonel, and Lysander Wells as major. 
Most of the measures enumerated were adopted after the 
induction of the new president (Lamar) into office. 

On the 10th of December a committee, composed of Messrs. 
Baker, Jenkins, Menefee, Holmes and Muse, was appointed to 
wait upon President Houston and inform him that the two 
houses of Congress would meet him on the portico of the 
capitol, at 12 o'clock, to hear his farewell address. Messrs. 
Swift, Butler, Caldwell, Hill and Jones were appointed to 
invite the President and Vice-President elect to meet the two 
houses at the same time and place, and be inducted into office. 
The place chosen was to afford room for a great crowd of 
spectators. It has been charged that the inauguration com- 
mittee made no arrangements on their programme for the 
delivery of President Houston's valedictory address. The 
fact is that Congress had adjourned from the 5th to the morn- 
ing of the 10th. On assembling at 9 a. m. on the 10th, but 
three hours remained before the ceremonies were to begin. 
There was no inauguration committee, precisely the same 
invitation was given to and provision made for President 
Houston as for the incoming President and Vice-President, 
as shown by the official journals, page 155. 

The retiring President delivered a long and eloquent address, 
reviewing the past and present and expressing his views and 
hopes of the future. It abounded in sentiments of exalted 



HISTORY OF TEXAS. 147 

patriotism and was received with every evidence of gratifica- 
tion. 

The new President, Mirabeau B. Lamar, was too much in- 
disposed to appear. His inaugural, beautiful in diction, and 
fervid in patriotism, was read by his secretary. 

Vice-President Burnet delivered an address worthy of his 
reputation as a scholar, a patriot and a statesman. The entire 
ceremonies were creditable to all concerned and gave great 
satisfaction to the Congress, the spectators and the country. 

President Lamar, on the 14th, sent to the Senate his cabinet 
nominations, all of whom were confirmed, as follows : 

Bernard E. Bee, Secretary of State. 

Albert Sidney Johnston, Secretary of War. 

Memucan Hunt, Secretary of the Navy. 

Eichard G. Dunlap, Secretary of the Treasury. 

Charles Watrous, Attorney-General. 

The Congress, in joint session, elected General Thomas J. 
Rusk, Chief Justice of the Republic, in place of James Collins- 
worth, deceased. President Houston had temporarily con- 
ferred the position upon Mr. John Birdsall. During the 
summer Peter W. Grayson, who was prominently mentioned 
in connection with the presidency, came to an untimely death, 
while on a visit to the United States. His death was regarded 
as a public loss. 

The country, at this period, was called upon to mourn the 
loss of one of its most gifted, talented and eloquent sons. 
Colonel John A. Wharton, Adjutant-General at San Jacinto, 
whose voice, when his chief was severely wounded, cheered 
his comrades on to victory. The public sorrow was appropri- 
ately expressed by both houses of Congress. John A. Whar- 
ton died on the 17th of December, 1838, while a representa- 
tive from Brazoria, whose people had so often honored him. 
A few months later he was followed by his distinguished and 
only brother, William H. Wharton, senator from Brazoria, 



148 HISTORY OF TEXAS. 

mortally wounded by the accidental discharge of his own gun 
while mounting his horse to start out with a hunting party. 
William H. Wharton died in March, 1839. For thirteen 
years he had been a prominent actor and leader in public af- 
fairs. The names of these noble brothers are indissolubly 
connected with the infancy and revolutionary glory of Texas. 



CHAPTER XIV. 

Lamar's eloquent first message — Noble utterances in behalf of general 
education — His plea for frontier protection and our relations with the 
Cherokees — Finance and the Navy. 

The third Congress enacted numerous wise and salutary- 
laws. In his first message to it, a few days after his inaugu- 
ration, President Lamar dwelt at length upon the condition 
of the country, recommending such measures as he believed 
were calculated to promote the general welfare. On the 
subject of laying a foundation for a general system of popular 
education based on the public domain, he said : 

" If we desire to establish a republican government upon a 
broad and permanent basis, it will become our duty to adopt 
a comprehensive and well regulated system of mental and 
moral culture. Education is a subject in which every citizen 
and especially every parent, feels a deep and lively concern. 
It is one in which no jarring interests are involved, and no 
acrimonious political feelings excited ; for its benefits are so 
universal that all parties can cordially unite in advancing it. 
It is admitted by all that cultivated mind is the guardian 
genius of democracy, and while guided and controlled by 
virtue, is the noblest attribute of man. It is the only dictator 
that freemen acknowledge and the only security that freemen 
desire. The influence of education in the moral world, as in 
the physical, renders luminous what was before obscure. It 
opens a wide field for the exercise and improvement of all the 
faculties of man, and imparts vigor and clearness to those 
important truths in the science of government, as well as of 
morals, which would otherwise be lost in the darkness of 
ignorance. Without its aid how perilous and insufficient would 

(149) 



150 HISTORY OF TEXAS. 

be the deliberations of a government like ours. How ignoble 
and useless its legislation for all the purposes of happiness. 
How fragile and insecure its liberties. War would be 
conducted without the science necessary to secure success, 
and its bitterness and calamities would be unrelieved by 
the ameliorating circumstances which the improved con- 
dition of man has imparted to it. Peace would be joyless, 
because its train would be unattended by that civilization and 
refinement which alone can give zest to social and domestic 
enjoyments ; and how shall we protect our rights if we do not 
comprehend them? And can we comprehend them unless we 
acquire a knowledge of the past and present condition of 
things, and practice the habit of enlightened reflection? Cul- 
tivation is as necessary to the supply of rich intellectual and 
moral fruits, as are the labors of the husbandman to bring 
forth the valuable productions of the earth., But it would be 
superfluous to offer to this honorable Congress any extended 
argument to enforce the practical importance of this subject. 
I feel fully assured that it will, in that liberal spirit of im- 
provement which pervades the social world, lose not the 
auspicious opportunity to provide . for literary institutions, 
with an influence commensurate with our future destinies. To 
patronize the general diffusion of knowledge, industry and 
charity, has been near the heart of the good and wise of all 
nations, while the ambitious and the ignorant would fain have 
threatened a policy so pure and laudable. But the rich domes 
and spires of edifices consecrated to these objects, which are 
continually increasing in numbers, throwing their scenic 
splendor over civilization and attesting the patriotism of their 
founders, show that this unhallowed purpose has not been 
accomplished. Our young republic has been formed by a 
Spartan spirit. Let it progress and ripen into Roman firm- 
ness and Athenian gracefulness and wisdom. Let those 
names which have been inscribed on the standard of her 
national glory, be found also on the pages of her history, 



HISTORY OF TEXAS. 151 

associated with that profound and enlightened policy which is 
to make our country a bright link in that chain of free States 
which will some day encircle and unite in harmony the Amer- 
ican continent. Thus, and thus only, will true glory be per- 
fected; and our nation, which has sprung from the harsh 
trump of war, be matured into the refinements and tranquil 
happiness of peace. Let me, therefore, urge upon you, 
gentlemen, not to postpone the matter too long. The present 
is a propitious moment to lay the foundation of a great moral 
and intellectual edifice, which will in after ages be hailed as 
the chief ornament and blessing of Texas. A suitable appro- 
priation of lands to the purpose of general education can be 
made at this time, without inconvenience to the government 
or the people ; but defer it until the public domain shall have 
passed from our hands, and the uneducated youths of Texas 
will constitute the living monuments of our neglect and 
remissness.' ' 

Consider the condition of Texas at that moment. Her 
treasury empty ! her people yet in the throes of revolution ! 
her frontier bleeding from savage fury from San Antonio to 
Ked Eiver ! Only yet recognized by the United States ! Con- 
sider these and other calamities (especially from East Texas 
Indians and the rebellious Mexicans of Nacogdoches) im- 
pending over the country, and how grandly stands forth Mira- 
beau B. Lamar, in his first utterances to Congress, as the 
champion of enlightened liberty. 

President Lamar discussed the legal questions arising out 
of the change, by a constitutional provision, from the civil to 
the common law as the basis of the jurisprudence of the 
republic and recommended appropriate legislation. 

He also advised, in this message, legislation in regard to 
Mexican brigandage on the southwestern frontier. 

The preceding pages have briefly recited a few of the Indian 
atrocities perpetrated during the term of President Houston, 
but do not include depredations on and murders of the people 



152 HISTORY OF TEXAS. 

of the frontier by a band of Comanches, committed after 
visiting, counseling with and receiving presents from the 
President, in Houston in 1837, and while returning to their 
own country. Representative John Gr. Robison, of Fayette, 
his brother, and a number of citizens of Bastrop County were 
among the victims. The Indian outrages in 1837 and 1838 
(during Houston's administration), and in 1839 and 1840 
(during Lamar's term), were appalling. Both Houston and 
Lamar did all in their power to hold the Indians in check. It 
would be flagrantly unjust to hold either responsible for the 
partial failure of such efforts. The country was too weak 
and the combined tribes too powerful to do more than was 
done. The two presidents differred as to the mode of dealing 
with this momentous question ; but no sane man can doubt the 
patriotic desire of each to save the people of the country from 
such dreadful visitations. 

Lamar came into the presidency with Indian hostilities 
along almost the entire frontier. On this subject he said: 

" It is a cardinal principle in all political associations that 
protection is commensurate with allegiance, and the poorest 
citizen, whose sequestered cabin is reared on our remotest 
frontier, holds as sacred a claim upon the government for 
safety and security, as does the • man who lives in ease and 
wealth in the heart of our most populous city. I am, by no 
means, desirous of aggravating the ordinary calamities of war 
by inculcating the harsh doctrines of lex talionis toward 
debased and ignorant savages. War is itself an evil which all 
good people will strive to avoid; but, when it cannot be 
avoided, it ought to be so met and pursued as will best secure 
a speedy and lasting peace. If that better mode consists in 
severity to the enemy, then severity to him becomes clemency 
to all. The moderation hitherto extended to the Indians on 
our border has been repeatedly retorted upon us in all the 
atrocious cruelties that characterize their mode of warfare. 



HISTORY OF TEXAS. 153 

The Indian warrior, in his heartless and sanguinary vengeance, 
recognizes no distinction of age, sex or condition. All are 
indiscriminate victims to his cruelties.' 9 

The contemporary history of Texas bore testimony to the 
truth, the wisdom and the justice of Lamar's position. 

The colonists and later immigrants to Texas found no 
security against wild nomadic tribes until they were overawed 
by fear and taught the difference between self-reliant American 
riflemen and the illy- armed peons of Mexico. 

That the Indians in the early history of the Union were 
dishonestly swindled by agents, traders and speculators of 
the United States cannot be denied. They were the victims 
of crimes, the perpetrators of which, like the perpetrators of 
many other crimes incident to human progress,' have been 
permitted to go unwhipped of justice. They are crimes for 
which the mass of the people cannot be held responsible. Such 
offenses against law and conscience are deplored by good men 
of all nations and all times, and dim some of the otherwise 
brightest pages of history. In Texas, however, the people 
fought the Indians in necessary self-defense, and for peaceful 
existence in a wilderness to improve which the Indians did no 
more than the wild beasts in its forests and on its plains. 
The land was the untamed and unoccupied gift of nature — 
an untilled and practically uninhabited waste — and it was the 
right of civilization to enter upon and reclaim it for the sus- 
tenance of a nobler race, capable of laying broad and deep 
the foundations of a powerful and glorious State. 

President Lamar frankly discussed the relations of Texas 
with the semi-civilized Cherokees, confessing a want of knowl- 
edge on some points. He said: " That the immigrant tribes 
(i. e. Indians from the United States) have no legal or equit- 
able claim to any portion of our territory, is obvious from 
a cursory examination of their history. Their immigration 
to Texas was unsolicited and unauthorized, and has always 



154 HISTORY OF TEXAS. 

been a source of regret to its more enlightened population. 
The Federal government of Mexico neither conceded or 
promised them lands or civil rights. " 

This is true, but it is not the whole truth. The Consultation 
of 1835, under the impression that they had grants from Mexico, 
most solemnly promised, in a resolution signed by the entire 
body to secure the Cherokees in those rights, and promised 
to have their boundaries established. Under the Provisional 
Government, General Houston and Colonel John Forbes, as 
commissioners, entered into a treaty with them in February, 
1836, among the stipulations of which was a provision for 
marking their boundaries. A report was made to Governor 
Smith when there was no council to ratify the treaty, and on the 
eve of the assemblage of the convention of March 1st, 1836. 
That body, in its eighteen days session, was engrossed with 
other and more momentous cares, and failed to ratify the 
treaty. 

While President Lamar was correct in asserting that these 
Indians had no legal right in the country, he was assuredly 
wrong in adding that they had no equitable right to the 
country occupied by them. The act of the Consultation and 
the treaty made by authorized commissioners certainly gave 
them an equitable right. President Houston, so considering 
their claim, and feeling a personal responsibility, both as 
a member of the Consultation which made the pledge, and 
of the commission which made the treaty, and in the spirit 
of good faith, instructed Colonel Alexander Horton to survey 
and mark the boundaries. This was in 1838, and the work 
was, at least in large part, done. This action was repugnant 
in the first place to all land speculators, who desired to possess 
that section from purely selfish motives ; secondly, to citizens 
and soldiers who wished to locate their land certificates in it; 
and thirdly, to a large element who believed that the Cher- 
okees and associate bands in heart were enemies to Texas, and 
ready, whenever opportunity offered, to become allies of 



HISTORY OF TEXAS. 155 

Mexico against Texas. The attitude of General Houston 
towards the Cherokees, among whom his youth was partially 
passed, was friendly, confiding as he did, in their professed 
fidelity. That of President Lamar, distrusting as he did their 
professions and listening to the repeated recitals of murders 
and other outrages charged to them, and soon afterwards 
placed as he was in possession of captured correspondence 
between them and Mexican emissaries, seems to have been 
warranted and to justify his belief that their continuance in 
the country would constitute a constant menace to its peace 
and safety. 

In regard to the navy, frontier protection and commerce, 
even at this day, the views of President Lamar seem to have 
been wise. He also favored a loan, based on the public 
domain, to meet the necessities of the government, which, by 
the way, was never effected. Opposing banks, dependent 
on and controlled by individuals, he favored the creation of 
such an institution under government control; but his recom- 
mendations in this matter also failed of adoption and, by the 
non-action of Congress, the government was left no alterna- 
tive but a continued issue of irredeemable treasury notes, 
already (notwithstanding the assertions of some writers to 
the contrary), materially depreciated below par. President 
Lamar had also said in his message: 

" The exchequer bills of England, the assignats of France, 
and the treasury (revolutionary) bills of the United States, 
furnish memorable examples of the inability of the most pow- 
ful and opulent governments to establish a good, practical 
circulating medium on their own credit alone, without the 
facilities of prompt redemption. The precious metals are 
the only uniform standard of value, and no paper represent- 
ative can acquire general confidence, and answer the legiti- 
mate purposes of trade, unless it be convertible, at the 
pleasure of the holder, into gold or silver." 

This is a truth now recognized throughout the political and 
commercial world. 



CHAPTER XV. 

The Cherokee Indians — Their intrigues with Cordova and Mexican Com- 
manders at Matamoros — Their Defeat — Cordova starts for the Mata- 
moros — He is pursued and defeated by Burleson — Caldwell next 
pursues but fails to overtake Cordova. 

Reference has been made to our relations with the Cherokee 
Indians and their twelve associate bands and the Mexican 
rebellion around Nacogdoches in 1838. The importance of 
these relations demands a more explicit narration of the 
events connected with them. 

After returning to Matamoros in 1836, and until some time 
in 1838, General Vicente Filisola remained in command of 
northern Mexico, with headquarters in Matamoros. He was 
superseded, during the latter year, by General Valentino 
Canalizo. The former undertook, by well planned intrigues, 
to win to Mexico the friendship of all the Indians in Texas? 
including the Cherokees and associate bands, and to unite 
them in a persistent war on Texas. Through emissaries 
passing above the settlements he communicated with the 
Cherokees and others and with a number of Mexican citizens 
in and around Nacogdoches, and succeeded in enlisting many 
of them in his schemes. Canalizo, on succeeding Filisola, 
prosecuted the same policy. The most conspicuous of these 
Mexicans, as developed in the progress of events, was Vicente 
Cordova, from which the affair has generally been called 
" Cordova's Rebellion." But there were others actively en- 
gaged with him, some bearing American names, as Nat Norris 
and Joshua Robertson, and Mexicans named Juan Jose 
Rodriguez, C. Morales, J. Santos Coy, J. Vicente Micheli, J. 
Ariola and A. Corda. 

The first outbreak occurred on the 4th of August, 1838, 
(156) 



HISTORY OF TEXAS. 157 

when a party of Americans, who had pursued and recovered 
stolen horses in a Mexican settlement in Nacogdoches County, 
were fired upon on their return trip, and one of their number 
killed. The trail of the assailants was followed and found to 
be large and made by Mexicans. On the 7th, General Kusk 
learned that over a hundred Mexicans, headed by Cordova 
and Norris, were encamped on the Angelina. He immediately 
raised sixty volunteers and posted them at the lower crossing 
of that stream. The enemy were then on the west side. On 
the 10th, it was reported that three hundred Indians had 
joined Cordova. On the same day President Houston, who 
was then in Nacogdoches, and had previously issued a 
proclamation to the insurgents, received a letter, signed by 
the nine persons whose names have been given, disavowing 
allegiance to Texas, and claiming to be citizens of Mexico. 

On the 10th, Cordova moved up towards the Cherokee 
nation. Major Henry W. Augustin was detached to follow 
his trail, while Kusk, having. been re-inforced by other volun- 
teers, moved directly towards the village of Bowles, head- 
chief of the Cherokees, believing Cordova had gone there ; 
but, on reaching the Sabine, it was found that he had moved 
rapidly in the direction of the upper Trinity, while the great 
body of his followers had dispersed. Cordova remained on 
the upper Trinity and Brazos till March, 1839, in constant 
communication with the wild Indians. He urged them to a 
relentless war on Texas. He advised them to burn and 
destroy the homes and property of the settlers, and promised 
them, under instructions from Filisola and Canalizo, protec- 
tion under the Mexican government and fee simple rights to 
the respective territories occupied by them. He sent com- 
munications to Filisola and Canalizo, also to Manuel Flores in 
Matamoros, charged with diplomatic duties towards the 
Indians of Texas, urging Flores to meet with him for confer- 
ence and a more definite understanding. 

In the meantime, a combination of these rebellious and 



158 HISTORY OF TEXAS. 

lawless Mexicans and Indians committed depredations on the 
settlements to such a degree, that General Eusk raised two 
hundred volunteers and moved against them. On the 14th of 
October, 1838, he arrived at Fort Houston (near Palestine), 
and, learning that the enemy were in force at the Kickapoo 
village (in Anderson County), moved in that direction. At 
daylight on the 16th, he attacked them, and, after a short 
and hot engagement, charged them, upon which they fled with 
precipitation, and were pursued for some distance. Eleven 
warriors were left dead and a much larger number were 
wounded. General Eusk had eleven men wounded but none 
killed. 

These events transpired during the presidency of General 
Houston and confronted the country when President Lamar 
assumed office on the 10th of December. 

On the 27th of February, 1839, General Canalizo, from 
Matamoros, sent instructions to Cordova, in substance as had 
already been given to Flores, detailing the manner of proced- 
ure, and directing pledges and promises to be made to the 
Indians. The instructions embraced messages from Canalizo 
to the chiefs of the Caddoes, Seminoles, Biloxes, Cherokees, 
Kickapoos, Brazos, Tehuacanos and other tribes, in which he 
enjoined them to keep at a goodly distance from the frontier 
of the United States. 

Of all the tribes mentioned the Caddoes were the only ones 
who dwelt along that border ; and, in consequence of acts 
attributed to them, General Eusk, in November, 1838, cap- 
tured and disarmed a portion of the tribe, and delivered them 
to their American agent in Shreveport, where they made a 
treaty, promising pacific behavior until peace should be 
made between Texas and the remainder of their tribe. 

In his zeal to confer directly with Canalizo and Flores, Cor- 
dova resolved to go in person to Matamoros. From his 
temporary abiding place on the upper Trinity, with an es- 
cort of about seventy-five Mexicans, Indians and negroes, he 



HISTORY OF TEXAS. 159 

set forth March, 1839. On the 26th of that month his camp was 
discovered at the foot of the mountains north of and not far 
from Austin. The news was speedily conveyed to Colonel 
Burleson at Bastrop, who, though colonel of the regulars 
then being recruited, was at his home, and in a short time 
he was at the head of eighty of his Colorado neighbors, as 
reliable and gallant citizen soldiers as lived in Texas, Sur- 
mising the probable route of Cordova, Colonel Burleson bore 
west till he struck his trail and, finding it several hours old, 
followed it as rapidly as his horses could travel till late in the 
afternoon of the 29th, when his scouts reported Cordova near 
at hand and unaware of the danger in his rear. Burleson in- 
creased his pace and came up with the enemy in an open body 
of post oaks, about six miles east, or probably nearer south- 
east, of Seguin, on the Guadalupe. Mr. Yoakum says the 
enemy fled at the first fire. He was misinformed. Cordova 
promptly formed his men, and, shielded by the large trees of 
the forest, made a stubborn resistance. Burleson dismounted 
a portion of his men, who also fought from behind trees for 
some time. Finally, seeing some of the enemy wavering, 
Burleson charged them, when they broke and were hotly 
pursued two or three miles into the Gaudalupe bottom, which 
they entered as twilight approached. 

Burleson's horses were so jaded by rapid travel as to be 
incapable of further pursuit, and he moved up six miles 
to Seguin to protect the few families there from possible 
danger. 

Cordova lost over twenty-five in killed — one-third his 
force — Burleson had none killed, but a considerable number 
wounded. 

During the night Cordova passed on the east around and 
above Seguin and continued his retreat, passing some miles 
north of San Antonio, having crossed the Gaudalupe where 
New Braunfels now stands. At that time Captain Matthew 
Caldwell commanded a company of rangers who were scat- 



160 HISTORY OF TEXAS. 

tered in two or three camps in that section. Collecting these 
and reinforced by a number of citizens, he pursued Cordova, 
who had dangerously wounded three of Caldwell's scouts 
above Seguin. He pressed the pursuit to the Nueces Eiver, 
when it became evident that he could not overtake the 
refugees before they could reach and cross the Rio Grande. 
Hence further effort was useless, and Caldwell returned on the 
Presidio road via San Antonio, where the command was wel- 
comed with every demonstration of joy and given a feast 
(for they were out of provisions), over which Colonel Henry 
W. Karnes presided. 

Manuel Flores, the Mexican Indian agent in Matamoros, 
responsive to Cordova's earnest desire for a personal confer- 
ence, and ignorant of the latter' s disastrous defeat, set forth 
from Matamoros late in April to meet Cordova and the Indian 
tribes wherever they might be found — on the upper Brazos, 
Trinity, or east of the latter. He had an escort of about 
thirty Indians and Mexicans, supplies of ammunition, etc., 
for his allies and all the official papers from Filisola and 
Canalizo, to which reference has been made in these pages, 
empowering him to treat with the Indians so as to secure their 
united friendship for Mexico and their combined hostility to 
Texas. His march was necessarily slow. On the 14th of 
May, he crossed the road between Seguin and San Antonio, 
having committed depredations on and near the route, and on 
the 15th crossed the Guadalupe at the old Nacogdoches ford 
(now New Braunfels). He was discovered near the Colorado, 
not far above where Austin was laid out later in the same 
year. Lieutenant (afterwards Captain) James O. Rice, a 
gallant young ranger, in command of seventeen men, fell 
upon his trail, pursued, overhauled and assailed him on 
Brushy (not the San Gabriel as stated by one historian), in the 
edge of what is now Williamson County. Flores endeavored 
to make a stand, but Rice rushed forward with such impetu- 
osity as to throw the enemy into confusion and flight. Flores 



HISTORY OF TEXAS. 161 

and two of his followers were left dead upon the ground, and 
fully half of those who escaped were wounded. Rice cap- 
tured and carried in one hundred horses and mules, three 
hundred pounds of powder, a large amount of lead, shot, 
balls, etc., and all the correspondence in possession of Flores. 
This correspondence revealed in detail the whole plot that had 
been formed for the destruction of the frontier people of 
Texas, to be followed up by the devastation of the entire 
country. The atrocious conspiracy was brought to naught by 
Burleson, Caldwell, Rice and their brave followers. 

A review of all the facts from the spring of 1836 to these 
events in 1839, together with the revelations of the captured 
correspondence, caused President Lamar to resolve on the 
removal of the Cherokees and their associate bands from the 
heart of East Texas and their return to their kindred west of 
Arkansas, by peaceful negotiations if possible, but by force 
if necessary. 

He desired to pay them for their improvements and othef 
losses. He appointed Vice-President David G. Burnet, Gen- 
eral Albert Sidney Johnston, Secretary of War ; Hugh 
McLeod, Adjutant-General, and General Thomas J. Rusk to 
meet and treat with them for their peaceful removal ; but if 
that failed, then they were to be expelled by force. To be 
prepared for the latter contingency, he ordered Colonel 
Edward Burleson, then in command of the regular army, to 
march from Austin to the appointed rendezvous in the Cher- 
okee country, with two companies of regulars and the volun- 
teer companies of Captains James Ownsby and Mark B. Lewis, 
about two hundred strong and commanded by Major William 
J. Jones (still living opposite Galveston). On the ground 
they found the commissioners and, about the same time, 
General Kelsey H. Douglas arrived with several hundred 
East Texas militia and became senior officer. Burleson took 
with him, also, Captain Placido, with forty Toncahua. 
warriors. 

11 



162 HISTORY OF TEXAS. 

After three days negotiation terms were finally agreed upon. 
The Indians were to leave the country for a consideration. 
The second day following was fixed for signing the treaty. 
But the Indians did not appear. The rendezvous was ten 
miles from their settlements. Scouts sent out returned and 
reported the Indians in force moving off. It was dscovered 
that Bowles, the principal chief, had been finessing for time 
to assembly all his warriors and surprise the whites by a 
superior force. His re-inforcements not arriving in time, he 
had begun falling back to meet them. Colonel Burleson was 
ordered to lead the pursuit. He pressed forward rapidly and 
late in the afternoon (it being July 16th, 1839), came 
up with them and had a severe engagement, partly in a small 
prairie and partly in heavy timber, into which Burleson drove 
them, when night came on and the Texian troops encamped. 
I now quote from the narrative of Major Wm. J. Jones, who 
was under Burleson in the first as well as the last engage- 
ment on the 17th of July. He says : 

" It soon became apparent that the re-inforcements looked 
for by Bowles had not reached him and that he was falling 
back to meet them. This he succeeded in accomplishing the 
next morning (the 17th day of July), at the Delaware village, 
now in Cherokee County, occupying an eminence in the open 
post-oaks, with the heavily timbered bottom of the Neches in 
their immediate rear. When our forces overtook them the main 
body of the enemy were in full sight, occupying the eminence 
where the village was located, while a detachment was posted 
in a ravine, tortuous in its course, and was intended to conceal 
their movements toward our rear, with a view to throw them- 
selves between our men and their horses. But the watchful 
eye of Colonel Burleson, who well understood Indian tactics, 
discovered this movement, in good time, when he ordered his 
entire force of three hundred men to charge and drive the 
Indians from their place of concealment. Although the 
vweather was extremely hot and the men almost famished for 



HISTORY OF TEXAS. 163 

water, this order was executed with promptness, routing the 
Indians and driving them back toward the village, surrounded 
by fences and cornfields. General Rusk, with all the force 
(about 400) of East Texas under his immediate command, had 
in the meantime advanced upon the enemy's front and kept 
them so hotly engaged in defense of their women and chil- 
dren that no re-inforcement could be spared from that quarter 
for the support of those who had been driven from the ravine. 
When they retreated upon the main body, their entire force 
was terrorized and fell back in great disorder upon the corn- 
fields, then in full bearing, and the dense timber of the river 
bottom. It was here that Bowles evinced the most desperate 
intrepidity, and made several unavailing efforts to rally his 
trusted warriors. * * * It was in his third and last effort 
to restore his broken and disordered ranks, that he met his 
death. He was mounted upon a very fine sorrel horse, with 
blaze face and four white feet. He was shot in the back, 
near the spine, with a musket ball and three buckshot. He 
breathed a short time only after his fall. * * *." 

After this great defeat and the loss of their great and 
.trusted chief, the Indians disappeared in the adjoining jungles 
of the Neches, and, as best they could, in squads, retreated up 
the country, the larger portion finally joining their country- 
men west of the Arkansas. A band of them led by John 
Bowles (son of the deceased chief) and Egg enroute to Mexico, 
were defeated, these two leaders killed and twenty -seven 
women and children captured, near the mouth of the San 
Saba, on Christmas day, 1839, by Colonel Burleson.- These 
captives were afterwards sent to the Cherokee nation. 

In the battles of July 16th and 17th, many heroic actions 
were performed. Vice-President Burnet, General Johnston 
and Adjutant-General McLeod were wounded but not dan- 
gerously. Major David S. Kaufman, of the militia (after- 
wards a distinguished Congressman) was shot in the cheek. 
Captain S. W. Jordan of the regulars (afterwards by his 



164 HISTORY OF TEXAS. 

retreat in October, 1840, from Saltillo, styled the Xenophon 
of his age), was severely wounded. 

The victory at the Delaware village freed East Texas of 
those Indians. It had become an imperative necessity to the 
safety and population of the country. Yet, let it not be under- 
stood that all of right was with the whites and all of wrong 
with the Indians, for that would be false and unjust, and 
neither falsehood nor injustice should stain the pages of our 
history. From their stand-point, the Cherokees believed that 
they had a moral, equitable, and at least, a quasi-legal right 
to the country, and such in truth they had. But, between 
Mexican emissaries on the one hand, 1 mischievous Indians 
on the other, and the grasping desire of unprincipled land- 
grabbers for their territory, one wrong produced a counter 
wrong until blood flowed and women and children were 
sacrificed by the more lawless of the Indians, and we have 
seen the result. All the Indians were not bad, nor were all 
the whites good. Self-preservation demanded the expulsion 
of the Indians. It has been ever thus where advancing civili- 
zation and savagery have been brought into juxtaposition and 
contended for the mastery. 

1 Under oath, December 11th, 1840, before a committee of Congress, 
Adolphus Sterne, a prominent citizen of Nacogdoches, said : " The conduct 
of the Cherokees towards the American settlers in Texas, in 1826 and 1827, 
was hostile. Richard Fields, a Cherokee, and John Dunn Hunter, another 
Cherokee, were killed by them because they were friendly to the white men. 
His son, Fox Fields, was killed by the Cherokees for the same reason. 
Hawkins was killed by them for the same reason; and I believe that if 
General Gaona's division of the Mexican army had penetrated into Eastern 
Texas in 1836, the Cherokees and their associate bands would have massa- 
cred every white man, woman and child they could have got -into their 
power. In consequence of that belief the people of Eastern Texas fled from 
their habitations in the spring of 1836." 



CHAPTER XVI. 

Austin becomes the seat of Government beyond the settlements — The 
Government removal — Fourth Congress assembled at the new seat of 
Government on the first Monday in November, 1839 — The Cherokee 
Land Bill — Commissioner J. Pinkney Henderson's return from Great 
Britain — Visit of Gen. Hamilton who was Loan Commissioner to Great 
Britain, France, Holland and Belgium. 

The first Congress under Lamar's administration, in Janu- 
ary, 1839, passed a law providing for the permanent location 
of the seat of government. It was a question of deep interest 
and excited more or less sectional feeling. The whole west 
and the upper frontier wished it located as far in the interior 
as practicable, that it might become the grand focus of frontier 
protection. Messrs. William Menefee of Colorado, James 
Kerr of Jackson, Cornelius Van Ness of Bexar, and John 
Caldwell of Bastrop, were the especial champions of the 
measure. After many propositions, the law, as finally passed 
provided for the election, by joint vote of Congress, of five com- 
missioners, who should select the location and purchase lands 
for a town site, upon which action upon their part the Presi- 
dent was authorized to appoint an agent to plat and lay off the 
town, and have public buildings erected. The commissioners 
were restricted to the territory bounded east by the Brazos; 
west by the Colorado and south by the old Nacogdoches road 
crossing (at Bastrop on the Colorado), and Nashville on the 
Brazos. The commissioners elected were Albert C. Horton 
of Matagorda, Isaac W. Burton of Houston County, William 
Menefee of Colorado, Isaac Campbell of San Augustine, and 
Louis P. Cooke of Brazoria. All excepting the first named 
were then members of the House of Representatives. 

On the 15th of April, 1839, the commissioners reported in 

(165) 



166 HISTORY OF TEXAS. 

extenso to President Lamar, their examinations of both rivers 
and the country between, and the purchase of 7,135 acres of 
land, having a front of three miles on the east bank of the 
Colorado River, a mile or two below the base, or foot-hills of 
the high lauds usually designated as the Colorado mountains. 
The price paid for this site was $21,000 in the treasury notes 
of the Republic. It was intended by Congress that the next 
session to assemble on the first Monday in November, 1839, 
should be held at the new site. President Lamar, as a fron- 
tier measure, was in favor of the change, and lost no time in 
carrying the law into effect. He appointed Edwin Waller as 
agent to lay off the town. At that time only two families 
(those of Harrell and Hornsby) lived on the site and one or 
two families three miles below. Beyond them to the north 
and northwest lay an unbroken wilderness. To the northeast 
it was sixty and eighty miles to a few settlements on the 
Brazos and Little River. Southwest to San Antonio, eighty- 
four miles, there was not a human habitation, and no road for 
the first thirty miles. It was bold enterprise thus to plant the 
capital of the young republic in the very teeth and traveled 
pathway of the wild savages. On the spot chosen still stands 
the State capital, the beautiful city of Austin. 

Waller, with surveyors, carpenters and laborers, began his 
labors as soon as possible. While the town was being laid 
out, whipsaws and axes resounded in the vicinity, felling 
trees and converting them into plank, boards, shingles and 
house-logs. Lumber was hauled thirty-five miles from the 
mills at Bastrop. Hundreds of men were employed and 
guarded by rangers under Captains Mark B. Lewis and 
James Ownsby, of the battalion commanded by Major Wm. 
J. Jones. 

By October a two-story frame house for the President, a 
board house for the Congress, and log buildings for all de- 
partments, were completed; and, while this was in progress, 
a large number of log cabins for residences and business pur- 



HISTORY OF TEXAS. 167 

poses, several large houses of numerous rooms for taverns and 
two others of plank or boards were erected. The heads of 
departments and archives arrived during October, and by the 
end of that month, Austin had probably fifteen hundred in- 
habitants, many of whom lived in tents or under temporary 
sheds. It is safe to say that no town, containing the same 
number of souls, on the American continent, ever had more 
talent among its founders. Certainly in no settlement, where 
defense against savages devolved upon the members of every 
household, was there ever more enlightenment and refine- 
ment. 1 

1 There then resided in Austin : President Lamar ; Vice-President Burnet ; 
Abner S. Lipscomb, Secretary of State; Albert Sidney Johnston, first, and 
then, Branch T. Archer, Secretary of War; Dr. James H. Starr, Secretary 
of the Treasury; Louis P. Cooke, Secretary of the Navy; James Webb, 
Attorney-General; John P. Borden, Land Commissioner; Asa Brigham, 
Treasurer; and in other government offices: Musgrove Evans, Charles 
Mason, Charles de Morse, E. Lawrence Stickney, John B. Ransom, Joseph 
Daniels and Thomas Gales Foster. Among department clerks were : John M. 
Swisher, James H. Raymond, James F. Johnson, George J. Durham, Henry 
W. Raglin, Wm. S. Hotchkiss, Muhlenburg H. Beatty, George D. Biggar, M. 
P. Woodhouse, Alfred W. Luckett, Thos. Wm. Ward, Stephen Crosby, Parry 
W. Humphreys, Horace L. Upshur; Publishers: Jacob W. Cruger (of Hous- 
ton) and George W. Bonnell (killed at Mier), of the Centinel; Samuel 
Whiting (publisher) and George K. Teulon (editor) of the Gazette (Teulon 
died in China). Printers: Joel Miner, Alexander Area, W. D. Mims, — 
McLelland, Thomas Wilson, Wm. Carlton, Joseph A. Clark, William Clark, 
Martin Carroll Wing (drew a black bean and was shot in Mexico, March 
25th, 1843) ; John Henry Brown (the only youth among them) and George 
W. Noble. Staff officers of the army : Colonels Hugh McLeod, Wm. G. Cooke, 
Wm. L. Cazneau, Peter H. Bell, Jacob Sniveley. Lawyers: James M. Ogden 
(drew a black bean and shot in Mexico), Joseph Lee, John D. Anderson, 
Francis A. Morris. Doctors: Moses Johnson, Joseph W. Robertson, and 
Richard F. Brennan (killed in the Mier prisoner rescue). Merchants: Johu 
Adriance, Alex Russell, Arch C. McFarland, Thomas L. Jones (drew a black 
bean and shot in Mexico), Lamar Moore, Wm. H. Murrah, and James Burke; 
H. Mulholland, German architect and draftsman. Jewelers: Charles R. 
Sossaman and Wm. Simpson. Hotel keepers : Bullock, Miller and Johnson, 
Mrs. Angelina B. Eberly, John Hall, succeeded by ThomaS Smith (killed by 
Indians; his son, James W. Smith, the first county judge, was also killed 
oy Indians). Other residents remembered were: Judge Luckett, Arch C. 



168 HISTORY OF TEXAS. 

The fourth Congress assembled in the new capitol at Austin 
on the first Monday in November, 1839. At the first Congress 
in Austin were David Gr. Burnet, Vice-President, presiding 
over the Senate, and John D. McLeod, Secretary. Among 
the senators were Dr. George W. Barnett (killed by Indians 
in 1848), K. H. Muse, Dr. Francis Moore, Jr., Isaac W. Bur- 
ton, John Dunn, Harvey Kendrick, James S. Lester, Dr. 
Anson Jones, Dr. Stephen H. Everitt, Jose Antonio Navarro 
and Ethan Stroud. 

In the House of Representatives, David S. Kaufman was 
elected Speaker, and Thos. Wm. Ward, Clerk. Prominent 
among the members were General Sam Houston, Wm. H. 
Jack, and John W. Harris (both from Brazoria), Cornelius 
Van Ness, William Menefee, Edward L. Holmes, Ben Mc- 
Culloch, John S. Menefee, Dr. Daniel Rowlett, Samuel M. 
Williams, Collin McKinney, Daniel P. Coit, Isaac Parker, 
Dr. George W. Hill and John M. Hansford. 

This Congress, though meeting on the extreme frontier, 
accomplished much to effect permanently the policy of the 
country. It established, with certain reservations suggested 
by the condition of the country, the common law of England 
as the rule of decision in the republic. It enacted a law 
establishing the marital rights of husband and wife and another 
regulating the descent and distribution of the estates of 
persons dying without wills. It created two traveling boards 
of commissioners to visit every county seat in the republic, 
examine the records of county boards, hear testimony and 
pass upon the legality of every certificate issued by such 

Hyde, (first postmaster), W. W. Thompson, Wayne Barton (first sheriff), 
M. H. Nicholson, W. Buck Billingsly, J. Monroe Swisher, Captain James G- 
Swisher, — McCurdy, Harvey and Fenwick Smith, Van Cleave, James New- 
comb, Dolson and Black (both killed by Indians), Thomas Ward, Prentiss, 
Horst, Robert Todd, Ambrose Bonnell Pattison, Thomas Warren, John D. 
McLeod, John W. Lann and L. F. Marguerate. 

The Count Alphonso de Saligny, first charge d' affaires from France to 
Texas, (recently arrived), was among the residents. 



HISTORY OF TEXAS. 169 

boards. It was a wise and necessary law and went far to 
purge the records of frauds. The fraudulent issuance of cer- 
tificates was, however, discovered only in a few counties ; 
chiefly in Shelby, San Augustine and Jasper. 

At this session a bill was introduced reserving from location 
the lands in the Cherokee country. This was a favorite 
measure of General Houston and designed to hold these lands 
(to be hereafter sold) as a basis of credit for the redemption 
of treasury notes, or what subsequently became known as 
Exchequer Bills. It was a wise measure in the then con- 
dition of the country, but was opposed by land speculators 
from purely selfish motives and by others for the reason 
(though neither a legal nor an equitable one) that it denied 
the holders of bounty land and head-right certificates the right 
to locate their certificates wherever they might desire. This 
opposition was met by the declaration that the lands had been 
won only in the previous July, by force of arms from the 
Cherokees, who claimed both a legal and equitable right to 
them, and were, therefore, not a part of the public domain, 
subject to such locations, when the certificates were issued ; 
and, if there was a doubt, it should be solved in favor of the 
government in view of the beneficent purpose to which it was 
proposed to appropriate the lands. The debate was earnest 
and spirited, General Houston leading on the affirmative and 
Speaker Kaufman in opposition. 1 

1 The author heard the concluding speeches of those gentlemen on the 
bill at a night session, about the middle of January, 1840, with the sympathies 
of ardent youth in opposition to the measure, the point chiefly discussed 
being the previous right of the Indians to the territory. Mr. Kaufman, a 
young man of graceful and fine physique, fluent and eloquent, was exceed- 
ingly felicitous. It was the first time the writer heard General Houston, 
though that pleasure was enjoyed at intervals afterward till twenty-one 
years later, when on the 5th of January, 1861, in Belton he heard one of 
General Houston's last (if not his last) regular address. But he never 
heard him on any occasion when he was so eloquent, so logical, so free from 
passion, or so majestic in person or manner. If preserved, which it was 
not, that speech would be a valuable addition to our political literature. 



170 HISTORY OF TEXAS. 

The veteran, William Menefee, who was in the Consultation 
with General Houston, in 1835, when the " solemn pledges " 
were unanimously made to the Cherokees and their associate 
bands, and who was in opposition to this bill, presided in the 
Speaker's chair during the debate. ' General Houston very 
naturally referred to the coincidence ; but in a spirit so void 
of bitterness or reproach, and so complimentary to the char- 
acter and patriotism of Mr. Menefee, as to call forth a burst 
of applause, both on the floor and in the lobby. When he 
concluded, the roll was called and the bill passed the house by 
a large majority. The legislation of this session, in other 
aspects, was advantageous to the country ; but nothing was 
done to supersede the continued issue of treasury notes, 
commonly called red-backs, already depreciated to a ruinous 
extent, and destined to still farther depreciation till it re- 
quired ten paper dollars to supply the place of one dollar in 
gold or silver. 

General James Pinkney Henderson as commissioner to Great 
Britain and France entered into a convention with the former 
country in which the British government agreed to bring 
about if possible the acknowledgment of Texian independ- 
ence by Mexico, upon the accomplishment of which Texas 
would assume the payment of Mexico's debt to British bond- 
holders to the amount of about five millions of dollars. 
Mexico peremptorily refused to entertain any proposition 
which involved Texian independence and there the matter 
ended. Mr. Henderson returned to Texas during the winter 
of 1839-40, leaving George S. Mcintosh, Secretary of 
Legation, in charge of the embassy. 

In the meantime, under a law of the previous session Gen- 
eral James Hamilton had been appointed commissioner to 
England, France, Holland and Belgium, charged with securing 
a loan of five million dollars, Albert T. Burnley of Kentucky 
being associated with him. He returned to Texas during this 
session of Congress to report progress, in a secret session of 



HISTORY OF TEXAS. 171 

which he explained the situation and asked such modifications 
in the law as he believed would enable him to effectuate the 
loan. The whole matter is without historic interest, because 
nothing was accomplished in a financial way. But General 
Hamilton, on his return to Europe, secured the acknowledg- 
ment of Texian independence by Great Britain, France and 
Belgium*, as will be seen a little later. 

A number of persons were massacred by Indians within 
less than a mile of where Congress was in session, massacred 
at night by those wild barbarians who, secreted in the neigh- 
boring mountain cedar-brakes by day, stealthily went forth 
by night to commit murder and pillage. 



CHAPTER XVII. 

The Republic of the Rio Grande — Texian volunteers — Battle of Alcantra — 
Visit of Mexican leaders to Texas — Betrayal of Texian volunteers by 
their Mexican Allies — Battle of Saltillo — Successful retreat of Jordan 
and his betrayed 107 — The New Republic dies in its birth — The 
bloody Council House fight with Comanches in San Antonio. 

During the year of 1839 there arose in northern Mexico a 
new movement of the Federal party of that country. It 
culminated in the formation of the Kepublic of the Rio 
Grande, a diversion decidedly favorable to Texas. Before 
that step was taken, however, the leaders, through agents 
sent into Texas, appealed for aid in their cause against Santa 
Anna, Bustamente and the centralists, who had destroyed the 
constitution of 1824, and established what was in fact a 
military despotism. Volunteers to the number of about 
three hundred flocked to their standard, and organized with 
Colonel Reuben Ross, a soldier of '36, as their commander. 
Canales, a Mexican lawyer, was at the head of the movement. 
The Texians were united with a body of Mexicans commanded 
by Colonel Zapata, an impetuous and chivalrous border chief, 
the owner of a rancho on the east side of the Rio Grande. 
The combined force, on the 3d of October, 1839, at Alcantra, 
twelve miles beyond Mier, met and fought a superior 
centralist force, under Colonel Pabon. It was a long, fierce 
and bloody conflict, in which many were killed, and resulted 
in the defeat of Pabon with heavy losses. 

A lull followed this battle and most of the Texians returned 
home — Colonel Ross soon to lose his life in a personal ren- 
contre. 

It was a little later that the Republic of the Rio Grande was 
(172) 



HISTORY OF TEXAS. 173 

formed, with Jose M. J. Cardenas as President and Licen- 
ciate A. Canales as chief of its military forces. Jose M. J. 
Carbajal, a son-in-law of Don Martin de Leon and a former 
citizen of Victoria, Texas, also held a position under the pro- 
posed government . These three, with their associates, visited 
Texas early in the spring of 1840, and had long interviews 
with President Lamar, seeking some sort of alliance with 
Texas against Mexico. President Lamar received and treated 
them with the greatest courtesy, feeling, as did all Texas, a 
deep interest in their success; but he declined to commit the 
government of Texas to their movement, for the very sufficient 
reason, if none other existed, that Texas was still seeking 
recognition of her independence by Mexico through the 
mediation of Great Britain, and besides had in contemplation 
a direct overture to Mexico herself. This overture was, in 
fact, soon afterwards attempted, but the messengers of peace 
were not even allowed to disembark at Vera Cruz. Santa 
Anna and his partisans it seems, beginning in 1834, had so 
influenced the popular mind of Mexico against the Americans 
of Texas, that no public man in that country, regardless of 
what might be his private convictions, dared favor reconcili- 
ation with Texas, except on the basis of submission to the 
control of Mexico. 

Anticipating a few months in the order of events, it may 
be stated that late in the summer of 1840 there congregated 
on the Kio Grande about three hundred Texian allies of Gen. 
Canales. Colonel Wm. S. Fisher and Captains S. W. Jordan 
and Juan N. Seguin commanded these volunteers, under 
Canales as chief. Jordan with 112 men and a Mexican force 
under Juan Molano and another force were dispatched in 
advance to the interior. They passed by a circuitous route 
though Mier, Tula, Victoria, Linares and other places, 
exciting Jordan's suspicion of treachery, but still he followed 
the Mexican officers until near Saltillo, on the 23d of Octo- 
ber, 1840, they were confronted by over a thousand cen- 



174 HISTORY OF TEXAS. 

tralists under Vasquez, with several pieces of artillery. As 
soon as lines of battle were formed Molano and the other 
officer, followed by a portion of their troops, deserted to 
Vasquez, shouting vivas to Mexico and death to the Texians — 
as craven and base an act of premeditated treachery as ever 
disgraced the character of men professing to be soldiers. 
The whole villainous scheme was understood in Saltillo, 
whose population had gone forth and occupied the surround- 
ing hills to witness the anticipated sport, the destruction of 
112 Tejano-Americanos. But sad was their disappointment ; 
and, when night closed on the scene, they were unanimously 
of the opinion that they had been fighting not men but devils. 
Jordan promptly seized an invulnerable position, behind a 
stone wall, only approachable from one side. The Mexicans 
charged and charged again till, when night came, four hun- 
dred of their number lay dead or dying on the field. During 
the night Jordan ascended and crossed a mountain ordinarily 
deemed impassable, and thence retreated with one hundred 
and seven men, through mountains and valleys a distance of 
three hundred miles, to the Rio Grande, and crossed that 
stream. The enemy followed (often in plain view, and firing 
at long range) the whole distance, but the last of the one 
hundred and seven safely crossed the river. Jordan 1 had 
but five men killed and seven wounded, all of the latter 
beinoj saved. 

Soon after this, Canales, on the Rio Grande, capitulated to 
General Mariano Arista, stipulating for the safety of Colonel 
Fisher and the Texians with him, all of whom immediately 
returned to Texas. Thus died the so-called Republic of the 
Rio Grande. 

As the Alamo to Thermopylae, so the retreat of Jordan and 
his little band, through an enemy's country, abounding in 

1 Captain Jordan, a physician of high character, died in New Orleans in 
1843, from the effects of an overdose of opium taken while suffering great 
pain. 



HISTORY OF TEXAS. 175 

towns and villages and pursued by ten times their number, 
has been aptly and justly characterized as a modern parallel 
to the great retreat of Xenophon. 

In San Antonio on the 19th of March, 1840, occurred a 
deadly fight between a party of sixty-five Comanches (chiefs, 
warriors, women and boys), and the Texas troops, commis- 
sioners and a few companions. The Indians, under a prior 
agreement, came in to make a treaty, and were to bring all 
the Texian prisoners they had, but only brought in one. The 
chiefs entered a council-house to confer with the Texian com- 
missioners, Colonels Hugh McLeod and Wm. G. Cooke. Two 
companies of regulars, under Lieutenant-Colonel Wm. S. 
Fisher, were at hand. Part of one of the companies was in 
the hall. 1 Learning from the captive brought in by the 
Indians (Matilda Lockhart, an intelligent girl of fourteen, 
captured in October, 1838), that the Indians had numerous 
other prisoners and that their policy was to bring in one at a 
time and secure more rewards, the commissioners informed 
the twelve chiefs that they were prisoners and would be kept 
as hostages for the safety of captives then in their hands, and 
that they might send their young men to the tribe, and as 
soon as the captives were restored they should be liberated. 
I quote from the " Indian Wars and Pioneers of Texas: ' 

Captain Howard posted sentinels at the doors and drew up 
his men across the room. " We," says the report of Colonel 
McLeod, "told the chiefs that the soldiers they saw were 
their guards, and descended from the platform. The chiefs 
immediately followed. One sprang to the back door and 
attempted to pass the sentinel, who presented his musket, 
when the chief drew his knife and stabbed him. A rush was 
then made to the door. Captain Howard collared one of them 
and received a severe stab from him in the side. He ordered 
the sentinel to fire upon him, which he immediately did and 

1 This company was commanded by Captain George T. Howard. 



176 HISTORY OF TEXAS. 

the Indian fell dead. They then all drew their knives and 
bows, and evidently resolved to fight to the last. Colonel 
Fisher ordered; « Fire if they do not desist.' The Indians 
rushed on, attacked us desperately, and a general order to 
fire became necessary. 

"After a short but desperate struggle every one of the 
twelve chiefs and captains in the council house lay dead upon 
the floor, but not until, in the hand-to-hand struggle, they 
had wounded a number of persons. 

"The indoor work being finished, Captain Howard's com- 
pany was formed in front to prevent retreat in that direction ; 
but, in consequence of the severity of the wound, he was 
relieved by Captain Gillen, who commanded the company till 
the close of the action. 

" Captain Redd, whose company was formed in the rear of 
the council-house, was attacked in the yard by warriors, who 
fought like wild beasts. The Indians took refuge in some 
stone houses, from which they kept up a galling fire with 
bows and arrows and a few rifles. Their arrows, wherever 
they struck one of our men, were driven to the feather. A 
small party escaped across the river, but were pursued by 
Major Lysander Wells with a few mounted men, and all 
killed. The only one of the whole band who escaped was a 
renegade Mexican among them, who slipped away unobserved. 
A single warrior took refuge in a stone house, refusing every 
overture, sent him by squaws, and killing and wounding sev- 
eral till after nightfall, when a ball of rags soaked in turpen- 
tine and ignited, was dropped through the smoke escape in 
the roof onto his head. Thus, in a blaze of fire, he sprang 
through the door and was riddled with bullets. 

" In such an action — so unexpected, so sudden and terrific 
it was impossible at times to distinguish between the sexes, 
and three squaws were killed. The short struggle was fruitful 
in blood. Our losses were : 

"Killed: Judge Hood of San Antonio; Judge Thompson 



HISTORY OF TEXAS. 177 

of Houston; Mr. — Casey of Matagorda County; Lieuten- 
ant W. M. Dunnington, First Infantry ; Privates Kaminske 
and Whitney, and a Mexican — 7. 

" Wounded : Captain GeorgeT. Howard, Lieutenant Edward 
A. Thompson and Private Kelley, severely ; Captain Mathew 
Caldwell, Judge James W. Kobinson, Messrs. Higgenbottom, 
Morgan and Carson — 8. 

"The Indian loss was: Thirty chiefs and warriors, three 
women and two children killed ; total, 35. 

" Prisoners taken: Twenty«seven women and children and 
two old men ; total, 29. 

" Escaped, the renegade Mexican — 1. 

"Over a hundred horses and a large quantity of buffalo 
robes and peltries remained to the victors. 

"By request of the prisoners, one squaw was released, 
mounted, provisioned and allowed to go to her people and 
say that the prisoners would be released whenever the Texas 
prisoners held by the Indians were brought in. 

"A short time afterwards a party of Comanches displayed a 
white flag on a hill some distance from town, evidently afraid 
to come nearer. When a flag was sent out, it was found that 
they had brought in several white children to exchange for 
their people. Their mission was successful and they hurried 
away." 

General Canalizo took advantage of this occurrence to in- 
flame anew the hostility of the Indians towards the Texians, 
and the first result of his appeals to the worst passions of 
these wild and brutal savages, will be seen in their descent 
upon Victoria and Linnville, which was followed by their 
overthrow at Plum Creek. 

12 



CHAPTER XVIII. 

The great raid of August, 1840 — Over a thousand Comanches, with rene- 
gade Mexicans and other Indians, march down the country — Attack 
Victoria, kill numerous persons — Capture about 2,000 horses — Rob 
and burn Linnville, on Lavaca Bay — Retreat and defy 125 men at Casa 
Blanca and continue to retreat with savage demonstrations of joy, but 
are attacked and overwhelmingly defeated near the mountains, August 
12th, 1840 — Col. Moore's defeat on the San Saba — His victory on the 
Colorado — The United States boundary run — Texas independence 
acknowledged by Great Britain, France and Belgium. 

Following the events just narrated, about the last of May, 
1840, the government received information that as a result of 
the intrigues of General Canalizo at Matamoros, there was 
about to be a general Indian invasion of the settlements. 
Dr. Archer, the Secretary of War, issued a warning to the 
country and ordered out the militia in the southwest to meet 
the apprehended danger. Numerous companies responded 
and repaired to the frontier; but, in a stay of two or three 
weeks, no indications of the enemy were discovered, and the 
volunteers, for such they were, returned to their homes, 
derisively characterizing the campaign as the Archer war. 
But they were premature in adopting burlesque as the mode 
of expressing their disappointment. 

On the 5th of August a band of a thousand, composed 
chiefly of Comanches and Kiowas, but including also many 
lawless Mexicans and Indians from some of the more civilized 
tribes, passed down the country fifteen miles east of Gonzales, 
directly en route to Victoria, committing depredations on the 
way. On the afternoon of the 6th, without previous warning, 
they suddenly appeared in the vicinity of Victoria, killing a 
number of persons three miles distant and then making a feint 
upon the town, killing a number of others and capturing that 
(178) 



HISTORY OF TEXAS. 179 

afternoon and the next day about two thousand horses. The 
people quickly " forted-up " in houses best suited for that 
purpose. The Indians encamped for the night on Spring 
Creek, only three miles away, and re-appeared next day, kill- 
ing one or two persons and robbing deserted houses in the 
outer portions of the town. About 2 p. m. they continued 
nine miles down the valley, captured a lady and child (Mrs. 
Crosby, a granddaughter of Daniel Boone) then bore down 
obliquely across in the direction of Linnville (two and a half 
miles above the present town of Lavaca), the only town on 
the west side of Matagorda Bay. On the way, during the 
night, they killed one or two persons, and at sunrise next 
morning, near the town, killed a white man and two negroes. 
The people of the town were astounded and without a 
gun for defense. They rushed through shallow water to a 
number of small boats two hundred yards from shore, 
in doing which Mr. Watts was killed and his wife and 
a negro woman and a son of the latter captured. The 
warehouse contained a large amount of goods, chiefly for 
the Mexican trade. The Indians spent the day in placing 
these goods and whatever else pleased their fancy on pack 
horses and mules, and then, in full view of the citizens in the 
boats, moored in deep water, set fire to the whole town. A 
single house at the water's edge escaped destruction. This 
was the 8th of August. The triumphant raiders then took 
up the line of march on their return, following a course 
which passed sixteen miles east of Victoria and intersected 
their downward trail about twenty-five miles north of that 
place. About 11 a. m. on the 9th they encountered about one 
hundred and twenty-five hastily collected volunteers sixteen 
miles from Victoria, commanded by Captains John J. Tum- 
linson, Ben McCulloch and Adam Zumwalt. An immediate 
skirmish ensued in which only one white man and one Indian 
were killed. About two hours were passed without results, 
in which time the enemy had gotten their pack animals and 



180 HISTORY OF TEXAS. 

herd of horses well in advance and then the warriors moved 
off. A measure of demoralization, caused by the hesitation 
of a few men, prevailed — enough to prevent such a bold attack 
as the others urged. A spiritless pursuit followed and was 
kept up till the Colorado road, east of Gonzales, was reached, 
when most of those who had been in the skirmish returned 
home. A Texana company, however, who had joined them, 
here fell in with Colonel John H. Moore with over a hundred 
men from the Colorado and continued on the trail. Captain 
McCulloch, in much chagrin, with three companions left the 
force when his views in favor of a charge failed of adoption 
and hurried up the country, via Gonzales, hoping to fall in 
with the others and still be in a decisive action, and in this 
he succeeded. His companions were, Barney Eandall, Arch 
Gipson and Alsey S. Miller. 

In the meantime, by a set of fortuitous circumstances, 21 
men from Jackson County (of whom the author of this work, 
was the youngest), 37 from Gonzales and Seguin, and 29 from 
Gonzales (including McCulloch and his three friends), united 
on Plum Creek, near the trail of the Indians, at 11 o'clock on 
the night of August 11th. These squads were commanded by 
Captains Ward, Matthew Caldwell and James Bird. General 
Felix Huston, the Major-General of militia, arrived from 
Austin at the same hour. Early next morning they were 
joined by Colonel Edward Burleson, with 87 volunteers and 
13 Toncahua Indians from Bastrop County. By courtesy, 
General Huston was invited to take chief command. The 
Indians passed from the timber on Plum Creek into full view 
in the prairie, two or three miles southwest of where Lock- 
hart stands, and about a mile from where this junction of 
forces occurred. An advance upon the enemy was made in a 
gallop in two columns, under Burleson and Caldwell. The 
Indians sent their packs and loose animals ahead and prepared 
for a stubborn defense, part dismounting and half their num- 
ber fighting on horseback. Huston dismounted his men with- 



HISTORY OF TEXAS. 181 

in gun-shot of the enemy and for half an hour or more a con- 
stant firing was kept up, the Indians, with their long range 
Mexican guns, having the advantage, and wounding a number 
of the whites and killing or wounding quite a number of 
horses. Yielding to the judgment of such experienced 
men as Burleson, Caldwell and McCulloch, General Huston 
ordered a charge, which was grandly made into the midst of 
the Indians in and near the oaks. They fled rapidly, scatter- 
ing in groups, and were pursued by the whites in the same 
way. All order was lost and men pursued and fought in 
clusters as chance threw them together. Portions of the 
enemy frequently wheeled, stood their ground for a little 
while and then fled. Thus the pursuit was continued for ten 
or twelve miles. The defeat was complete, the enemy 
abandoning their captured animals and goods. Many of the 
horses stampeded to the right or left and were not recovered ; 
still, about nine hundred were secured and a great many 
goods. The Indians lost 86 in killed and many wounded. 
The whites had none killed but a considerable number wounded. 
Mrs. Crosby, one of the captured ladies, was killed by the 
retreating Indians as the child had been previously. The 
other prisoners were recovered — Mrs. Watts and the negro 
woman severely wounded, the negro boy unhurt. 

Eeturning to the point of attack, camp was pitched about 
3 p. m., August 12. Colonel John H. Moore and about 
150 men came up before sunset, having followed the Indian 
trail. His men were largely from Fayette County. Part of 
them (under Captain Clark L. Owen) were, however, from 
Jackson County, and a few from Colorado County. Some 
writers have fallen into the error of crediting these men with 
the victory at Plum Creek. It is simply untrue. Not one of 
them was in the battle, nor on the ground for some hours 
after its conclusion. But they did all in their power to be 
there and were entitled to as much credit as if they had 
succeeded. 



182 HISTORY OF TEXAS. 

These notes were taken on the ground, after the battle was 
over. With Colonel Burleson were Colonel Henry Jones, of 
the militia, Major Thomas M. Hardeman, Captains Billingsly 
and Wallace, Dr. David F. Brown, Owen B. Hardeman, 
Hurch Reed, Wm. H. Magill and other noted privates. With 
Captain Caldwell from Gonzales were: Dr. Caleb S. Brown, 
surgeon, Judge Edmund Bellinger, Captain Andrew Neill, 
Captain Alonzo B. Sweitzer, Ben and Henry E. McCulloch, 
Christopher C. De Witt, Archibald Gipson, and a number 
of other privates well known as gallant men. 

On the 12th of February, 1839, Colonel John H. Moore, at 
the head of fifty-five Texians, forty Lipan and twelve Ton- 
cahua Indians — a total of 109 — made a daylight attack on 
a large Comanche encampment, on the San Saba river. He 
killed a large number, while the Lipans stampeded and drove in 
a thousand or more Comanche horses, safely reaching the set- 
tlements. But after a contest of an hour Colonel Moore found 
himself surrounded by such an overwhelming force, drawn 
from the villages extending five or six miles up the river, that 
retreat became a necessity, which he effected with great cool- 
ness and caution. His horses having been left a short dis- 
tance in the rear, were all captured by the enemy. Six of 
his men (wounded) had to be borne in on litters. After 
fighting long on the defensive, the retreat was begun, and at- 
tended by much suffering, their route passing a hundred miles 
through mountains. They, however, safely reached the set- 
tlements. 

John H. Moore was not a man to forget such a repulse. 
In the great invasion of August, 1840, it has been shown 
that he lost, by several hours, an opportunity to balance 
accounts with the Comanches. But he was resolved that 
the balance should be made. To this end, about the 
first of October, he left Austin with two companies of 
citizen volunteers, commanded by Capts. Thomas J. Rabb 
and Nicholas Dawson, both of Fayette County, with an aggre- 



HISTORY OF TEXAS. 183 

gate force of ninety men, besides twelve Lipans under their 
principal chief, Col. Castro. He bore directly up the Colo- 
rado about three hundred miles, to the region where now 
stands Colorado City. The Lipans, as scouts, discovered in 
advance a considerable Comanche village, in a small bend on 
the east bank of the river, opposite a bluff on the west bank. 
Sending thirty men, under Lieutenant Clark L. Owen, to 
occupy the bluff across the river, he made an attack as soon 
as daylight fully appeared, charging directly into the camp. 
Though surprised, warriors and squaws fought with despera- 
tion. Only two warriors escaped, on the only two horses im- 
mediately at hand. A hundred and thirty Indians were left 
dead on the field. Thirty-four squaws and children and 
several hundred horses were brought in. A few old men and 
women were released on the ground. Among the trophies 
were goods taken from Linnville. Quite a number of Moore's 
men were wounded, but none killed. Col. Moore doubtless 
felt that his ill-success on the San Saba was counterbalanced 
by the terrible punishment inflicted by him on the Colorado. 
During the year 1840 many murders and robberies were 
committed along the entire zigzag frontier, from Red River 
to San Antonio and Goliad. During the year, the work of 
running and marking the boundary line between Texas and 
the United States was begun by a joint commission of the two 
countries, in the spring, continued in the autumn and winter 
after a considerable summer recess, and completed in the 
month of December from latitude thirty-two on the Sabine 
River, due north to Red River ; from that point to the gulf the 
Sabine was the boundary, and from the point of intersection 
on Red River that stream was the boundary to longitude one 
hundred. Thence, the boundary, to this day not fully deter- 
mined, was to follow that longitude due north to the Arkansas 
River. 1 

1 This was the boundary defined February 22d, 1819, in the treaty be- 



184 HISTORY OF TEXAS. 

The still unsettled point of dispute between Texas and the 
United States is this: Melish's map, as corrected and pub- 
lished on the first of January, 1818, was attached to and 
made a part of the treaty. The line was to follow Red River 
as laid down on said map to longitude one hundred — thence 
north to the Arkansas. That map only laid down what is 
now known as the North Fork of Red River and entirely 
omitted the South Fork, then wholly unknown to white men, 
but called by the Indians Ke-ah-ke-ho-no, or Prairie-Dog- 
Town-River, which has the widest bed, but not near so much 
water as the North Fork. The junction of these streams 
proved to be below or east of the one hundredth degree of 
longitude. Texas justly claims the North Fork as the bound- 
ary laid down in the treaty. The surveyors of the United 
States, ex parte, took it upon themselves to assume — ignor- 
ing Melish's map — that the previously unknown Prairie-Dog- 
Town-River, or South Fork, was the true Red River. If 
this were true, the map fully sustains the claims of Texas as 
to what was intended and laid down in the treaty. The dif- 
ference involves about eighteen hundred square miles of ter- 
ritory, between the two forks, ever since 1860 constituting 
Greer County, Texas, now and for some years populated and 
organized under State laws, with regular courts and all the 
habiliments of political organization. Nothing but an edict 
based on the doctrine that might makes right will ever 
deprive Texas of it. 

The commission of 1840, however, was confined to the 
boundary between the Sabine and Red River. The boundary 
as established threw into Texas a strip of land several miles 
wide in the upper part, whose inhabitants had hitherto been 
considered residents of Louisiana or Arkansas. To these new 
citizens, Texas generously granted land as if they had been 
immigrants. 

tween the United States and Spain, and re-affirmed in a treay between the 
United States and Mexico in 1828 and finally ratified April 5, 1832. 



HISTORY OF TEXAS. 185 

In this mission Mr. Memucan Hunt was, at first, the com- 
missioner on the part of Texas, but was superseded by Mr. 
George W. Smyth. Hamilton P. Bee was secretary and 
Mr. — Gray, surveyor. 

The year 1840 became memorable, also, in its last few weeks, 
by the acknowledgment of Texian independence, through the 
negotiations of General James Hamilton, by Great Britain, 
France and Belgium. Thus the young Republic, environed 
as it was by the wily machinations of Mexico, through Canalizo 
encouraging and patronizing a merciless Indian war along her 
entire borders, suffering under the pressure of a worthless 
currency and staggering under a combination of afflictions, 
was still making hopeful strides toward power and ability to 
meet and overwhelm all its enemies. Recognized by these 
three European powers, foreign commerce was encouraged 
and steadily grew in volume until, five years later, Texas 
became one of the States of the American Union. Amid 
much cause of sorrow and gloom, the spirits of the people 
steadily grew in confidence and heroic determination to pre- 
serve, enrich and increase the fame of their country. 



CHAPTER XIX. 
THE FIFTH CONGRESS. 

Assemblage of the fifth Congress, December 13, 1840 — Illness of President 
Lamar — Burnet becomes acting President — Franco-Texienne Land 
Bill — A fatal duel — The Currency question — John Hemphill becomes 
Chief Justice — The unfortunate Santa Fe expedition — Houston elected 
President and Burleson Vice-President in September, 1841, and installed 
November 1st — Lamar's agreement to aid Yucatan — The Navy under 
Com. Moore — Orders to sell the Navy. 

The fifth Congress assembled at Austin on the first Mon- 
day of November, 1840. After December 13th, Vice-President 
Burnet, in the absence (on account of ill-health) of President 
Lamar, filled the Presidential office. 

In the Senate appeared, among others, Eobert Potter, from 
the Eed River district, the first Secretary of the Navy. This 
was his first and last service in the Senate. He was killed in a 
personal feud during the next year. 1 In the House of Rep- 
resentatives, David S. Kaufman of Nacogdoches, was unan- 
imously re-elected Speaker. His immediate colleague was 
James S. Mayfield, a lawyer of ability, serving his only term 
in the councils of Texas. Gen. Houston again appeared 
from San Augustine, having as a colleague Henry W. Au- 
gustine. Matagorda returned Edward L. Holmes ; Colorado 
re-indorsed William Menefee, as Bexar did Cornelius Van Ness, 
sending with him George Blow, a brilliant young Virginian, 

1 Robert Potter had been four years a member of the United States Con- 
gress from North Carolina. He was a man of eloquence and rare talent, 
but rash and impetuous in temperament. He was a lawyer and a planter, 
living on Soda Lake, Texas, at the time of his death, which resulted from 
one of those neighborhood feuds to which American frontiers have been 
too much subjected. Men of respectability were involved on both sides. 
(186) 



HISTORY OF TEXAS. 187 

who afterwards returned to his native State. Among the new 
members were ex-Governor Henry Smith and Timothy 
Pilsbury, from Brazoria; Isaac Van Zandt, from Harrison; 
Patrick Usher, from Jackson; Washington D. Miller, from 
Gonzales ; William N. Porter, from Red River ; and Michel 
B. Menard, from Galveston; all men of ability and some of 
them experienced in legislation. 1 

The matter of greatest public interest before this Congress 
was an extraordinary measure known as the " Franco- 
Texienne Land Bill." It proposed to grant to a French com- 
pany three million acres of land ; 512,000 acres fronting one 
hundred miles on the Kio Grande, above the Presidio road, and 
eight miles in depth ; 192,000 acres on the Nueces, above the 
Presidio road, on both sides of the river, six miles in width and 
twenty-one in length ; 194,000 acres on the Rio Frio; 128,000 
acres extending from the Arroyo Seco to the Arroyo Uvalde ; 
128,000 acres on the Guadalupe, above the mouth of Sabine 
Creek; 1,000,000 acres, in three tracts between the Colorado 
and San Saba; 192,000 acres from the Colorado to the Pase- 
gona River, three miles wide and one hundred miles along the 
old Santa Fe road ; 294,000 acres on Red River, next above the 
Cross Timbers, fronting forty-six miles and ten miles in depth ; 
50,000 acres at the head of the Nueces ; 50,000 acres at the head 
of the Colorado; 50,000 acres on the Aguila River; 50,000 
acres near the source of the San Andres (Little) River; 50,- 
000 acres on the Brazos, thirty miles above the Palo Pinto 
Creek ; 50,000 acres on Noland River, fifty miles above its 
mouth (this stream is not fifty miles long), and 50,000 acres 

1 Among other events this year was a duel fought in San Antonio by 
Major Lysander Wells and Capt. William D. Redd, of the regular army, in 
which one was instantly killed by a shot in the eye. The other received a 
shot in the cheek, and died an hour later. Both were chivalrous men and 
the event was deplored throughout the country. One of the seconds, Lieut. 
Roswell W. Lee, then a young officer, never ceased to mourn his connec- 
tion with the tragedy, and the other second left the country, never to 
return. 



188 HISTORY OF TEXAS. 

in the forks of the Trinity, west of the Cross Timbers. The 
company was to have the right, for twenty years, to import 
free of duty whatever they wished, including goods for the 
Mexican trade and were to pay no ad valorem tax till 1849, and 
then only on occupied lands. They were to locate upon the 
land at least eight thousand immigrants by the 1st of January, 
1849. They were also to establish, erect and keep in good 
and sufficient repair for all military purposes, for the term of 
twenty years from the 1st day of January, 1849, a line of 
military posts, extending from the Presidio Del Kio Grande to 
Red River, at some point above the Cross Timbers, the line to 
consist of twenty posts, the posts to be located on the lands 
designated. 

This measure convulsed the country. Opposition sprung 
from every section, and after a heated discussion, fortunately 
for the country, in view of the transcendent events occur- 
ring three years before 1849, including annexation to the 
United States, it was allowed to fall into the sleep of death. 
The scheme, in the very nature of things, was impracticable ; 
but, for the moment, its apparent promise of peace on the 
frontier, captivated some of the brightest minds of the 
country. 

The worthless currency of the country was elaborately dis- 
cussed in reports and speeches, and various remedial plans 
suggested. All deprecated the further issue of treasury 
notes, then circulating at ten cents on the dollar; but the 
session passed without producing a remedy. In January, 
1840, Judge James W. Rolinson, of the fourth or western dis- 
trict, resigned, and John Hemphill was elected in his stead, 
During the session, a year later, Thomas J. Rusk, Chief Jus- 
tice of the Supreme Court, resigued, and Judge Hemphill 
was chosen to fill the position, which he continued to do, by 
successive re-elections, for eighteen years, till his election to 
the United States Senate in 1858. Anderson Hutchinson 
succeeded him as judge of the western district. 



HISTORY OF TEXAS. 189' 

Daring this session of Congress President Lamar very 
earnestly recommended an appropriation and the adoption 
of measures, peaceful and commercial, to extend the jurisdic- 
tion of Texas over Santa Fe and so much of New Mexico as 
lay east of the Rio Grande. This was a part of Texas as 
defined by the law of 1836, fixing her boundaries as previ- 
ously advocated by General Houston, and embraced a con- 
siderable population, isolated by twelve hundred miles from 
the Mexican capital and by four hundred miles, partly across 
a desert, from El Paso del Norte, the nearest settlement of 
any consequence in the direction of the capital. Santa Fe, 
ever since 1823, had afforded a rich Mexican trade, through 
caravans of wagons making annual trips, from St. Louis, 
Missouri traders receiving gold and silver in return for their 
goods. This trade if diverted to Texas it was thought would 
supply the precious metals, relieve the financial embarras- 
ments of the country, and speedily lead to a line of posts 
through the Indian country, thereby diverting the hostile 
tribes from the Texas frontier. New Mexico, in her isola- 
tion, was largely independent of Mexico, and was ruled with 
despotic severity by a few families, who successively furnished 
the governors and other functionaries and consumed the sub- 
stance of the people. Two or three American residents of 
that place visited President Lamar in the spring of 1840,- 
urged a measure of this kind and furnished evidence show- 
ing that it would be hailed by the mass of the people as a 
deliverance from a grievous thraldom. Looking over the 
field in all its aspects and taking into consideration the 
deplorable financial condition of Texas, it was certainly an 
alluring proposition. Congress failed to provide for the 
expedition. The President, however, had become so per- 
suaded of its wisdom and utility that he resolved to undertake 
its execution upon his own responsibility. 

Early in the spring he began the necessary preparation. 
Commercial men were invited to join the proposed expedition. 



190 HISTORY OF TEXAS. 

with stocks of goods. A sufficient number of troops were to 
act as an escort to protect the party against Indians. Cir- 
culars and proclamations (printed in the Spanish language), 
assuring them that the expedition was peaceful, disclaiming 
all design of asserting jurisdiction by force and stating that 
the only wish entertained was to open peaceful trade-relations 
and give the New Mexicans an opportunity to live under the 
liberal laws of Texas, were to be taken along by three civil 
commissioners and distributed among the people. If they 
acquiesced, it was promised that only the general laws of 
Texas would be extended over New Mexico and that their 
local laws and customs should continue in force until altered 
by themselves. The commissioners were instructed to use 
no force unless to repel attack, and generally to act in 
accordance with the peace proclamation. 

The expedition having been organized, left Brushy Creek 
fifteen miles north of Austin, on the 21st of June, 1841. The 
commander was Brevet Brigadier- General Hugh McLeod. 
The number of soldiers was 270, organized into companies, 
among the captains of which were, Matthew Caldwell, the old 
veteran of Gonzales, — ■ Houghton, William P. Lewis, of 
the artillery, and others. 

The commissioners were, Don Jose Antonio Navarro, (a 
native of San Antonio), as true a man as was ever born on 
or trod the soil of Texas; Col. William G. Cooke, a man of 
experience, honor and courage; and Dr. Richard F. Brenham, 
as gallant a gentleman as was ever born on the soil of 
Kentucky. Their secretary was George Van Ness, a younger 
brother of the orator and legislator, Cornelius Van Ness, and 
a young man of great worth. 

There were a number of amateurs along, for the novelty 
and pleasure of the trip, among whom were George Wilkins 
Kendall, editor of the New Orleans Picayune, who afterwards 
published an admirable history of the expedition, and Frank, 
a son of General Leslie Coombes, of Lexington, Ky. 



HISTORY OF TEXAS. 191 

After innumerable hardships and much suffering — having 
traveled without the anticipated Lipan Indian guides — on 
the 11th of August, they thought themselves to be within 
about eighty miles of San Miguel, a frontier village on the 
Rio Pecos, east of Santa Fe. They had been almost 
constantly annoyed by parties of Indians seeking to kill their 
hunters, pickets and guards, and to steal their cattle (work 
oxen and beeves), and had become not only worn down with 
fatigue and watching, but were reduced to the necessitv of 
eating snails and lizards to prevent starvation. For want of 
proper guides they had traveled nearly three hundred miles 
farther than was necessary. 

Thus situated, Messrs. Howland, Baker and Rosenberry, 
were dispatched to San Miguel in search of provisions and to 
ascertain in what spirit the expedition would be received by 
the New Mexicans. The main body wearily followed on 
over a broken country until the 10th of September, il devour- 
ing," says Mr. Kendall, " every tortoise and snake, every 
living and creeping thing, * * * with a rapacity that 
nothing but the direst hunger could induce." A few days after- 
wards their advance party met a small party of Mexican traders, 
who could give them no provisions and who told them they 
were still seventy or eighty miles from San Miguel ; but that 
at Anton Chico, a nearer hamlet, they could procure mutton 
from flocks in that vicinity. Some of the Mexicans returned 
to those in the rear to guide them by a shorter route. The 
advance party continued on to the Rio Gallinas and found the 
flocks, where (says Kendall), "a scene of feasting ensued 
which beggars description." 

On the next morning the advance party sent forward Capt. 
William P. Lewis, of the artillery (who understood the 
Spanish language), with Messrs. George Van Ness, Howard, 
Fitzgerald and Kendall. They bore a letter to the Alcalde, 
informing him of the approach of the party ; that it was a 
commercial enterprise, peaceful in character, and that the 



192 HISTORY OF TEXAS. 

mission of the gentlemen sent forward was to buy and send 
back provisions to the main body. They also carried num- 
erous copies of President Lamar's proclamation, declaring 
the objects of the movement, and that, if the inhabitants of 
New Mexico did not desire peaceably to come under the juris- 
diction and flag of Texas, the expedition would immediately 
return home. Lewis and party, on the 14th of September, 
left the Gallinas for San Miguel. The shepherds on the Gal- 
linas had informed them that the country was in arms against 
them and that Howland, Baker and Eosenberry had been seized 
and imprisoned at Santa Fe. 

Strangely enough, the advance party failed to send this 
startling intelligence back to Gen. McLeod, with the main 
body. It was a suicidal omission of both duty and prudence. 
Mr. Howland attempted to escape from prison and convey the 
news to General McLeod, but was recaptured, and for this 
effort to save his countrymen, was shot in San Miguel, under 
the orders of Armijo, Governor of New Mexico. 1 

On the afternoon of their departure, Lewis and party over- 
took two muleteers, from whom they received confirmation of 
the imprisonment of Howland and party, and were advised of 
the intense excitement prevailing in the country, caused by 
Governor Armijo informing the people that it was the inten- 
tion of the Texians to "burn, slay and destroy" as they 
marched. This information was sent back to the party on the 
Gallinas ; but those in command of that body again failed to 
send it back to General McLeod. On the night of that day 
Lewis and party slept at Anton Chico, where they were 
informed that they would be arrested and 'shot next day. 
Still they proceeded toward San Miguel; but on the way were 
surrounded by a force under Salazar, dismounted and started 

1 Mr. Howland was one of the American residents of Santa Fe, who had 
visited Texas and urged the expedition upon President Lamar ; and by his 
last act, proved the inflexible fidelity of his character. He merits the 
respect of posterity. 



HISTORY OF TEXAS. 193 

on foot for San Miguel. From San Miguel they were hastened 
on toward Santa Fe, tied together in pairs and driven as 
cattle on the way to a slaughter house. About sunset they 
met Governor Armijo, in command of near six hundred men 
on the march to meet and attack the Texians. Armijo saluted 
them as friends and inquired who they were. The traitor, 
William P. Lewis, then gave the first evidence of his hitherto 
latent villainy. 

He replied to Armijo that they were merchants from the 
United States. The chivalrous young George Van Ness 
indignantly interposed, saying they were all Texians, except- 
ing Mr. Kendall, who was an editor from the United States, 
and who was along on a trip of pleasure and observation. 
Armijo pointed to the star and the word " Texas" on the 
uniform of Lewis, and said : " You need not think to deceive 
me. United States merchants do not w T ear Texian uni- 
forms!" Still, as Lewis spoke Spanish well, Armijo took 
him as interpreter. His companions, on foot, were taken 
back to San Miguel, where, on the next day, they witnessed 
the murder of Howland and Baker. Col. William G. Cooke, 
one of the commissioners, with ninety-four men, had moved 
from Gallinas to Anton Chico. Salazar informed him that 
Lewis and party had been kindly received and sent on to 
Santa Fe. On the 17th, notwithstanding protestations of 
friendship by Salazar, Col. Cooke found himself surrounded 
by a large force under the Governor. Cooke was about to 
open fire, when Lewis and the Governor's nephew advanced 
with a white flag. Lewis informed Cooke that there were six 
hundred men around him and that he had seen four thousand 
more, well equipped, who would be on the ground in a few 
hours, and that there were five thousand more on the march 
from Chihuahua (the two last statements false), but that 
Governor Armijo had authorized him to say that if the 
Texians would give up their arms, they would have permission 
to come in and trade and, after eight days, their arms would 

13 



194 HISTORY OF TEXAS. 

be returned to them. Notwithstanding the treachery of 
Urrea to Fannin and Ward, Col. Cooke and the Texians acted 
on the statements of Lewis, and surrendered. They could 
not conceive of villainy so base as would be betrayal by 
Lewis. The bravest and most unselfish men are ever the 
least suspicious. But this creature was at that moment a pur- 
chased and perjured traitor to his kith and kin, his country 
and his God. He was ever after an object of aversion and 
detestation wherever he resided, even in Mexico. He was 
regarded, even by the humblest classes of the Mexican popu- 
lation, as a moral leper and shunned accordingly. 

Armijo had all the prisoners bound as felons, and, without 
permitting them to see their friends who had been previously 
betrayed and captured, started them off to the city of Mexico, 
twelve hundred miles distant, via Santa Fe. 

Armijo then set forth to meet Gen. McLeod, and the main 
body, which, in a starving condition, had reached the Laguna 
Colorado (Red Lake), about thirty miles from the Rio 
Gallinas. There Armijo met him. Absolutely without the 
physical strength or means of defense, and under promise of 
good treatment and respect for all their private property, Gen. 
McLeod and his men surrendered. Immediately upon this 
they were searched, robbed of everything, bound in pairs and 
marched to San Miguel, arriving there on the 12th of October ; 
three months and twenty-one days after starting from the 
vicinity of Austin. The goods captured were disposed of by 
Armijo, who reserved to himself whatever his avarice coveted. 
He gave Lewis a large amount as a reward for his treachery, 
and wrote to Garcia Conde, Governor of Chihuahua: "In 
consideration of the great services rendered by Capt. William 
P. Lewis, in assisting me to capture the Texians, I have given 
him his liberty and his goods, and earnestly recommend him 
to the notice of the Central Government." On the 17th of 
October, bound in pairs, the prisoners were started to the city 
of Mexico, by way of Santa Fe, in charge of the brutal ruffian, 



HISTORY OF TEXAS. 195 

Salazar. Their treatment, while under his charge, as far as 
El Paso del Norte, was barbarous. Some died on the way 
and their ears were cut off as trophies and as proof that they 
had not escaped. 1 

At El Paso they fell under the charge of a humane officer 
and thenceforward received better treatment. At Chihuahua 
the citizens and foreigners gave them clothing and other sup- 
plies. In due time the prisoners reached the city of Mexico 
and were imprisoned till about July, 1842, when, at the inter- 
cession of General Waddy Thompson, of South Carolina, 
then American minister, they were released and returned 
home — some of them in time to visit retribution in the 
battle of Salado, on the 18th of September. Capt. Matthew 
Caldwell, one of their number, with the rank of colonel, 
commanded in the latter victorious conflict. Mr. Thomas W. 
Hunt, another of their number, did fearful execution on that 
occasion by the deliberate use of an unerring long range 
rifle. As a sharpshooter, in front of the Texian line, it is 
doubtful if a single one of more than a dozen balls from his 
rifle missed its intended destination. (He died in Bosque, 
County, in 1892.) 

Before dismissing the subject, it is reasonable to say that if 
the party under Col. Cooke, among the sheep on the Gallinas, 
had sent a flock back to meet Gen. McLeod and had remained 
till he arrived, thus uniting over two hundred and fifty effect- 
ive men, they could have defied Armijo and safety retreated 
down the Pecos, driving sheep before them for subsistence. 
Gen. McLeod was an enlightened and gallant man, quick in 
perception and prompt in action, and enjoyed the fullest con- 

1 John McAlister, a brave and worthy man, was one of the prisoners^ 
His ankle was inflamed so that he could travel no farther and so he an- 
nounced. Salazar ordered him to move on. He exposed his ankle declaring 
his inability to walk. Salazar, in a rage, declared he would shoot him if he 
did not move. McAlister then exposed his breast and told him to shoot. 
Thereupon the monster sent a ball through his heart, cut off his ears, and 
having him stripped of shirt and pants, left his body by the roadside. 



196 HISTORY OF TEXAS. 

fidence of his men. Col. Cooke and Capt. Caldwell were 
veteran officers and approved soldiers, and a large per cent of 
the men were experienced fighters. After a few shots from 
such men, Armijo and his five or six hundred Mexicans, 
armed with old muskets and escopetas, would have kept at as 
safe a distance as Vasquez did when opposed by Jordan just 
one year before. Fate decreed otherwise. The expedition 
was not without fruit for Texas. The treachery and barbarism 
practiced awakened anew, throughout the United States a 
determined feeling in favor of Texas and against Mexico. 

Had the expedition succeeded the name of Lamar would 
have received additional luster. It failed. But Mr. Kendall, 
a highly competent authority, after stating the unexpected 
difficulties and untoward circumstances encountered, says : 
«' President Lamar's estimation of the views and feelings of the 
people of Santa Fe and vicinity, was perfectly correct. Not a 
doubt can exist that they all were, and are (1843), anxious 
to throw off the oppressive yoke of Armijo, and come under 
the liberal institutions of Texas ; but the Governor found us 
divided into small parties, broken down by long marches and 
want of food ; discovered too, a traitor among us ; and, taking 
advantage of these circumstances, his course was plain and his 
conquest easy." 

Trivial events sometimes determine the fate of men, of 
cities and of nations. Had Houston been crushed at San 
Jacinto and had the victorious banner of Mexico been planted 
on the Sabine, the patriots who fought under his banner would 
have occupied a place in history similar to that of Walker and 
his followers in Nicaragua. They would have appeared as 
mere adventurers attempting revolution in a foreign State. 
By the erratic judgment of the hour, so often merciless and 
unreasoning, failure brought on Lamar pitiless criticism for 
trying in good faith to extend the aegis of Texas over her 
whole territory and thereby strengthen her power and re- 
sources as an independent nation. His judgment may have 



HISTORY OF TEXAS. 197 

been at fault ; but his patriotism cannot be questioned. The 
fact that in 1850 the United States paid Texas ten millions of 
dollars for the New Mexican territory, is a sufficient attesta- 
tation of the wisdom of Lamar in his attempt to peacefully 
unite it with the destinies of Texas. 

During the year 1841 the Indians were less bold than for 
several years before. The terrible chastisements they had 
received had taught them caution, and their depredations 
were confined to small bands. A few expeditions against 
them were practically fruitless, as, on discovering parties 
penetrating their country, they fled beyond pursuit. 

In the elections of 1841, there was considerable interest, 
somewhat sectional, as to the Presidency. Gen. Houston 
and ex-President Burnet were the opposing candidates. The 
eastern and central sections, much the most populous, sup- 
ported Gen. Houston. The west and the frontier preferred 
Burnet, being opposed to Gen. Houston's idea of treating and 
trading with the wild Indians until they were taught more 
thoroughly the white man's power. But Burnet had to bear 
a full share of the failure of Lamar's administration to estab- 
lish a currency ; or rather its failure to prevent government 
treasury notes depreciating to almost nothing, and still con- 
tinuing their issue. The failure of the Santa Fe expedition, 
or its assumed failure in advance of its actual occurrence, was 
also a heavy weight on Burnet, whose purity and patriotism 
no one questioned. And above all this, a considerable major- 
ity of the whole people regarded Gen. Houston as the ablest, 
wisest and safest man in the country ; and believed that he 
would be the means of inaugurating a better financial system. 
Under the circumstances, from the inception of the canvass, 
his election was a foregone conclusion. He was elected by a 
vote of about two to one. The contest for the Vice-Presi- 
dency was independent of that for the Presidency. The 
candidates were General Edward Burleson and Memucan 
Hunt. Burleson was elected by a large majority. 



198 HISTORY OF TEXAS. 

Congress assembled in Austin November 1st, 1841. Presi- 
dent Houston and Vice-President Burleson were installed 
December 13th. General Burleson was dressed in a com- 
plete suit of highly dressed and ornamented buckskin, while 
General Houston's stately form never appeared more 
majestic. 

Early in 1840, President Lamar entered into an agreement 
with a commissioner from the revolted state of Yucatan in 
Mexico, by which the combined navy of Texas became allies 
to that State, Yucatan paying all expenses pertaining to such 
aid. 1 On the 24th of June, 1840, under this agreement, 
there sailed from Galveston for Yucatan a naval fleet con- 
sisting of the sloop Austin of twenty guns as a flagship 
under Commodore Edwin W. Moore ; the steamship Zavala, 

1 As a matter of convenient reference, here follows a list of the officers 
of the Texian navy covering the period referred to : 

Captains Charles E. Hawkins, Jeremiah Brown, Wm. Hurd, W~m. 
Brown and Thomas F. McKinney. 

Commanders: George W. Wheelwright, Henry L. Thompson and I. D. 
Boylan. 

Lieutenants (of the Brutus) : Cassin, Dearing G. W. Estis, Galligar, 

Lent M. Hitchcock, Hoyt, James G. Hurd and Melius; (of the 

Invincible) Parry W. Humphries, Johnson, Lee, Joseph Sevey, 

Newcomb, James Perry, Randolph; (of the Independence) J. K. 

P. Lathrop, J. W. Taylor, T. M. Taylor, Alex. Thompson, T. M. Thompson 
and F. B. Wright. 

Surgeons: Chrisman, Dunn, Forest, O. P. Kelton, Knight, A. M. Levy, 
Leech, I. E. Woodruff. 

Pursers: Norman Hurd, of the Brutus, F. T. Wells of the Invincible; 
Henry Fisher of the Liberty, and — — Lering of the Independence. 

Sailing Master : Daniel Lloyd of the Invincible. 

Midshipmen : W. Tennison, I. Pollock, D. H. Crisp, Crosby, Harrison, 

A. A. Wait and Cummings. 

Marine Corps : F. M. Gibson, Captain of the Invincible, Arthur Robinson, 

Captain of the Brutus, F. Ward, First Lieutenant of the Invincible, 

Brooks, Second Lieutenant, and Wm. Francis, Second Lieutenant of the 
Invincible. 

Vessels: Independence, eight guns, Invincible, eight guns, Brutus, eight 
guns, and the Liberty, four guns. 

Privateers: Tom Toby, Captain Hoyt; and the Terrible, Captain Allen. 




EDWARD BURLESON 



HISTORY OF TEXAS. 199 

eight guns, Captain J. K. P. Lathrop ; the schooner San 
Jacinto, five guns, Lieutenant W. R. Postelle ; the schooner 
San Barnard, five guns, Lieutenant W. L. Williamson; the 
schooner San Antonio, five guns, Lieutenant Alexander 
Moore, and the brig Dolphin, Lieutenant John Rudd. The 
navy remained in the service of Yucatan for two years or 
more and then entered the mouth of the Mississippi and re- 
mained there for a considerable length of time. While there, 
a mutiny occurred on the schooner San Antonio, resulting in 
the trial and execution of several persons. In August, 1842, 
the San Antonio, Captain Brennan, again sailed for Yucatan 
without the knowledge or authority of the government of 
Texas, but, supposedly by authority of Commodore Moore, 
for the purpose of collecting the amounts due and unpaid by 
Yucatan. No tidings were ever received of her fate. 

About the time the Texas navy entered the Mississippi, 
President Houston declared the ports of Mexico in a state of 
blockade. The Zavala and the San Barnard were wrecked in 
Galveston Bay. The other vessels remained so long in the 
Mississippi that President Houston ordered them to repair 
to Galveston for instructions. On non-compliance with the 
order, Commodore Moore was ordered to report in person to 
the government of Texas, but he failed to comply with the 
order, claiming that he had invested largely of his own means 
in repairing the vessels and was unwilling to leave them. 
Thus situated, President Houston sent a secret message to 
Congress which was considered in secret session, and on the 
16th of January, 1843, a secret act was passed providing for 
the sale of the navy. Messrs. James Morgan and Wm. Bryan 
were appointed by President Houston as commissioners to 
take possession of the vessels and convey them to Galveston. 
Commodore Moore refused to deliver them to the commission- 
ers, but declared his intention of taking them to Galveston ; 
and, with Mr. Morgan on board, actually started for that port 
with the Wharton and the Austin. On reaching the Balize, 



200 HISTORY OF TEXAS. 

they received such information as caused Mr. Morgan to con- 
sent to a cruise to the east of Yucatan. This act of Commis- 
sioner Morgan, occupying so confidential a position under the 
President, very naturally aroused the indignation of the latter ; 
whereupon he issued a proclamation suspending Moore from 
command and ordering the ships directly to Texas. On 
receipt of this proclamation the vessels, seeing that disobed- 
ience would subject them to the charge of piracy if they con- 
tinued hostilities, promptly returned to Galveston. In this 
time they had made a gallant fight and won a splendid victory 
over a Mexican war steamer in front of Campeche, compel- 
ling it to seek refuge in a harbor further south. 



CHAPTEK XX. 

Houston's Second Administration — Inaugurated December 13th, 1841 : — 
Removal of the Seat of Government — Mexican Invasion of 1842 — The 
Somervell Expedition — The Battle of Mier — The Snively Expedition — 
Foreign Relations. 

It will be seen that when General Houston entered upon his 
second term, December 13th, 1841, separated from his first 
by the three years term of General Lamar, he was confronted 
with grave difficulties, not the least of which was the de- 
pressed spirit of the people. The fate of the Santa Fe expedi- 
tion was unknown, but grave apprehensions were entertained. 
ThTe treasury was empty, with an enormous outstanding irre- 
deemable issue of treasury notes, current only at home at a 
ruinous discount. Receivable for taxes and custom-house 
dues, as they were, there was no promise of their reduction. 
This created a nominal debt of several million dollars, includ- 
ing the purchase of naval vessels, and the expenses of the 
Santa Fe expedition. 

In his message to Congress, reviewing the present de- 
plorable condition of the country, the President submitted 
recommendations, which, he said, " found their justification 

1 Sam Houston, President, December, 1841, to December, 1814; Edward 
Burleson, Vice-President; Anson Jones, Secretary of State; George W. 
Hockley, first, and George W. Hill, second, Secretary of War and Marine ; 
Wm. H. Dangerfield, first, and James B. Miller, second, Secretary of the 
Treasury; George W. Terrell, First, and Ebenezer Allen, Second, Attorney- 
General; Asa Brigham, Treasurer; Erancis R. Lubbock and James B. Shaw, 
Comptrollers; Charles De Morse, Auditor; Thomas Wm. Ward, Commis- 
sioner of Land Office; James Reiley, Isaac Van Zandt and James P. Hen- 
derson, Ministers to the United States; Ashbel Smith, Minister to France; 
Wm. H. Dangerfield, Minister to the Netherlands, Belgium, and the Hanse 
Towns; Samuel M. Williams and George W. Hockley, Commissioners to 
Mexico; Charles H. Raymond, Secretary of Legation to the United States. 

(201) 



"202 HISTORY OF TEXAS. 

in necessity." He recommended " a total suspension of the 
redemption of its liabilities to a period sufficiently remote to 
enable the government to redeem such as it ought to redeem." 
" The evil," he said, " is upon us. While many just claims are 
thus deferred we can only refer our creditors to our inability 
to pay our debts." 

A further remedy which he prescribed was the reduction of 
one half the State taxes and requiring that they and the 
import duties should be paid in par funds. He also advocated 
the issue of exchequer bills to the amount of $350,000, and 
the contraction of a loan to that amount, to be redeemable by 
1,000,000 acres of lands lying in the Cherokee country in 
east Texas, reserved for that purpose. 

President Houston favored a pacific policy towards the 
Indians, and recommended warehouses and trading posts 
where the Indians would feel free to come and trade, supply 
their wants, make treaties, receive presents, as evidences of 
good will, and return peacefully to their villages. He recom- 
mended a policy towards Mexico, strictly defensive. He 
deprecated the Santa Fe expedition, and the contract which 
the preceding administration had made in 1841, with 
Yucatan, then in revolt against Mexico, to aid them with the 
Texian navy, as calculated to irritate Mexico and disturb the 
negotiations by which it was vainly hoped the United States 
or Great Britian would be able to secure a recognition of 
Texian independence from that government. 

The sixth Congress of the Kepublic met (preceding the 
inauguration, November 1st, 1841), and set to work assidu- 
ously to improve the financial condition of the government and 
to reform what they considered abuses. The President com- 
menced his official duties December 13th. 

A committee of the house had, on the 6th, reported in 
condemnatory terms the unlawful expenditure of money by 
the preceding administration chiefly in fitting out the Santa 
JFe expedition, the fate of which did not become authoritatively 



HISTORY OF TEXAS. 203 

known until the 18th of January, 1842. As a further measure 
of economy, on the 11th of December, by joint act of both 
houses, several offices were abolished and the salaries of those 
retained were reduced, resulting in a reduction from 1840 of 
$174,000.00 to $32,800.00 in 1842. It was further decreed 
that all paper redeemed by par funds should be canceled and, 
later, that by commissioners duly appointed those thus can- 
celed should be burned at the beginning of every month. 

A project of raising money by a loan to Texas of $7,000,- 
000.00, at six per cent, by Belgium, had been under considera- 
tion between Gen. James Hamilton and a commissioner of 
that government, upon terms which, had it succeeded, would 
have been ruinous to Texas. The people had been alternately 
discouraged by failures to obtain loans from abroad, and 
cheered by new and seemingly favorable plans. This one 
presented such complications, and, withal, such a degree of 
humiliation to the pride of Texas in its requirements, that 
President Houston virtually condemned it by his silence, 
merely presenting it to the Congress, which in turn refused to 
accept it. Congress had, however, on the 12th of the preced- 
ing January, repealed the law authorizing a $5,000,000.00 
loan or less, thus saving Texas the mortification of having a 
proposition for a loan of any amount, refused. 

As has been stated, on the 18th of January, 1842, tidings 
of the crushing final result of the Sante Fe expedition were 
brought to Congress in their minute and harrowing details, 
through the American consul at Sante Fe, Senor Alvarez. 
Seven months of anxious suspense had terminated in disaster 
far exceeding their worst forebodings. So carefully had the 
proclamation of Lamar been framed that a rejection of it by 
the people of Santa Fe was the worst the administration had 
looked for. Intense grief pervaded every portion of the 
Republic ; nor was the excitement confined to Texas, as several 
members of the expedition were citizens of the United States. 
Congress immediately proceeded to pass an act of most 



204 HISTORY OF TEXAS. 

extraordinary and extravagant character. No less than ex- 
tending the boundary line of Texas to take in the two 
Californias, the whole of the States of Chihuahua, Sonora and 
New Mexico with parts of Tamaulipas, Coahuila, Durango and 
Sinaloa, all with a population of about two millions. 

How far this mad legislation was intended to give vent to 
their indignation may be surmised. The impossibility of its 
achievement, must soon have awakened the more thoughtful 
to a sense of its absurdity. The act was sent to the President 
for his approval and there met the fate which was to be 
expected. Houston, of course, vetoed the bill. Even if it 
were possible to invade Mexico with the object of the bill in 
view, the success of such a scheme, undertaken for revenge, 
would destroy all hope of effecting such relationships with 
countries at peace with Mexico as were necessary to the 
ultimate prosperity of Texas and her establishment upon an 
equal footing with other nations, and suspend all diplomatic 
action with Great Britian. So far from increasing the respect 
of other nations for Texas, " they would, " the President said, 
" regard it as a legislative jest." Sue an enactment was 
calculated to increase the rigors of the imprisonment of their 
friends and possibly cause their immediate destruction. All 
the representations which the President was able to urge 
availed nothing. Congress passed the bill over the President's 
veto. 

No act ever passed by the Texian Congress savored more of 
braggadocio and imbecility, and, as a matter of course, it came 
to naught, falling by its own weight. 

Immediately upon receipt of the news of the disaster to the 
Santa Fe expedition, several members oft which, as has been 
stated, were citizens of the United States, who had joined the 
party for mere adventure, the Texian Secretary of State, 
Anson Jones, laid the case before the government at Wash- 
ington. Secretary Daniel Webster urged that Mr. Powhattan 
Ellis (of Mississippi), American Minister to Mexico, should 



HISTORY OF TEXAS. 205 

demand the immediate release of those who were citizens of 
the United States, and recommend in emphatic terms that the 
Texian prisoners should be spared further severe treatment 
at the hands of the Mexicans. These prisoners were con- 
nected, many of them, with families of distinction in the 
United States, and their names were well known in various 
parts of the Union. 

Deep interest in their behalf was manifested in memo- 
rials to the United States government, and although the gov- 
ernment condemned the purpose of the expedition, they sent 
General Waddy Thompson, of South Carolina, to Mexico to 
make the demands of that government, which resulted in the 
immediate release of those who claimed citizenship in the 
United States, and pledges of civil treatment to the Texian 
prisoners. 

General Houston's responsibilities at this time were heavy. 
At the moment when this Congress was passing those unreason- 
able enactments over his veto, he was anxiously awaiting the 
release of the Santa Fe prisoners, for the necessary expenses 
of which he could not control a dollar, either of private or 
public funds. He was also watching with intense anxiety, 
through the Texian Minister at Washington, for the moment 
when Texas might," without humiliation, indicate her readi- 
ness to be annexed to the United States, but at the same time 
resolved not to be abandoned by Great Britain and France; 
and for prudential reasons, he was anxious to avoid taking 
steps that would justify Mexico in renewing her aggressive 
incursions across the western border. They would thereby 
give encouragement to immigration and, by claiming that 
Mexico had abandoned the idea of reconquering Texas, 
increase the chances for annexation to the United States. 
President Tyler was known to be in favor of annexation, and 
the friends of the measure had been gradually increasing 
since her first rejection by the United States, but the Senate 
was obstinate in opposition to it. General Waddy Thomp- 



206 HISTORY OF TEXAS. 

son was, in the meanwhile, in Mexico endeavoring to bring 
about peaceful relations. Great Britain — opposed to annex- 
ation — also lent her influence with Mexico for peace. But in 
the correspondence between British ministers, the Mexican 
authorities and President Houston, there was no recognition 
of the last mentioned, as "President," or of Texas as a 
"Republic." Great Britain had motives of her own for 
wishing to see Texas restored peaceably as a State of the 
Mexican Republic, in the share the thrifty inhabitants might 
take in the liquidation of a large debt to that country, besides 
the extension of monarchical territory on this continent, as 
well as diminishing slave territory. These negotiations, 
as well as those with the United States, required careful and 
shrewd diplomacy on the part of the President of the Republic. 
So delicate and hazardous was the situation he could scarcely 
admit his whole Congress into his fullest confidence, lest by 
some hasty action or speech, publicity might betray the neces- 
sary coquetry of the Texians with these three jealous powers. 

Congress was not willing to pledge lands as security for the 
redemption of exchequer currency and this was not provided 
for. It adjourned on the fifth of February, 1842. 

The Indians, since their signal defeat in 1838-39-40, 
had almost ceased their murderous depredations, the year 
1841 being the first since 1836 to which this assertion can 
truly apply. Immigration had steadily increased, and all the 
material interests of the country had slowly but surely ad- 
vanced, and, in 1839, the initiative was taken for that grand 
system of land grants in support of a system of universal 
free education in the Republic which has since ^utced Texas 
second to no State in the world in that regard. 

To facilitate a better comprehension of the foreign affairs 
of Texas, it is proper here to give a list, as near as maybe, 
of those who, at different times and in various ways, repre- 
sented Texas abroad, from the beginning of the revolution in 
1835 to annexation on the 19th of Februar} r , 1846. 



HISTORY OF TEXAS. 207 

By the Consultation — the first revolutionary assembly — 
on the 13th of November, 1835, Dr. Branch T. Archer, 
Stephen F. Austin, and William H. Wharton, were elected 
commissioners to the United States to represent Texas in that 
country, by explaining the true state of affairs in Texas, 
soliciting aid in men, money and munitions of war, and in 
every appropriate way strengthening the cause of Texas. 
They were at once commissioned by Governor Henry Smith, 
but did not leave the mouth of the Brazos for New Orleans 
until the 27th day of December, reaching the latter city on 
the 4th of January, 1836. They performed their mission to 
the entire satisfaction of the country, and returned home in 
June of the same year. Covering the same period and to a 
later date, Wm. Bryan rendered invaluable aid as local agent 
in New Orleans. By the Provisional Government, a little later, 
Thomas J. Chambers was authorized to raise volunteers in 
Kentucky, with authority to act otherwise as an exponent of 
the cause of Texas. 

By President Burnet, in the summer of 1836, James 
Collinsworth and Peter W. Grayson were dispatched to the 
United States as commissioners to represent the interests of 
Texas at Washington and elsewhere. They were absent but 
a few months. 

On the formation of the constitutional government, which 
was fully accomplished on the 22nd of October, 1836, Presi- 
dent Houston appointed Wm. H. Wharton as the first com- 
missioner and prospective minister to the United States. He 
left November 17th, 1836. A few months later Memucan Hunt 
was deputed as Minister Plenipotentiary to endeavor to secure 
the annexation of Texas to the United States, its independence 
having been previously acknowledged on the 3rd of March, 
1837, by the approval of a joint resolution by President 
Andrew Jackson, his last official act. On the acknowledg- 
ment of Texian independence Mr. Wharton was recognized as 
regular minister. In the month of April or May, Mr. Whar- 



208 HISTORY OF TEXAS. 

ton, at his own request, was relieved of his diplomatic duties, 
leaving Mr. Hunt alone in charge, who, however, was not 
presented till July 6th. On his way home, while on the gulf , 
Mr. Wharton was captured by a Mexican war vessel, and 
imprisoned at Matamoros, from which place he escaped and 
returned home in time to be re-elected to the Senate from 
which he had resigned at the time of his appointment as 
minister. Mr. Hunt continued to act, until succeeded by Dr. 
Anson Jones, who served until the beginning of 1838, and was 
succeeded by Eichard G. Dunlap, and he soon afterwards by 
James Eeiley and he by Isaac Van Zandt. 

In 1837, President Houston dispatched James Pinkney 
Henderson as diplomatic agent to represent Texas in Great 
Britain and France, George S. Mcintosh being secretary 
under him. W. F. Catlett was Secretary of Legation to the 
United States. 

Under President Lamar's administration, from December 
10th, 1838, to December 13th, 1841, Eichard G. Dunlap and 
Bernard E. Bee were successively ministers to the United 
States with M. A. Bryan, Samuel A. Eoberts, and Nathaniel 
Amory, respectively Secretaries of Legation. James Ham- 
ilton was appointed commissioner to Great Britain succeeding 
J. P. Henderson. William H. Dangerfield and George S. 
Mcintosh were appointed ministers to France and Bernard E. 
Bee and James Webb ministers and agents to Mexico, with 
George L. Hammeken, Secretary. Bee and Webb, however, 
were not allowed to land at Vera Cruz and returned home. 
James Hamilton was sent as commissioner to treat with Hol- 
land, Belgium, Great Britain, France and the Hanse Towns, 
and, in 1840, secured the acknowledgment of the independ- 
ence of Texas by Great Britain, France and Belgium. 

Samuel M. Williams, Albert T. Burnley, James Hamilton, 
and James Eeiley were appointed commissioners to effect a 
foreign loan. 

Under Houston's second administration, December 13th, 



HISTORY OF TEXAS. 209 

1841, to December 19th, 1844, James Reiley, Isaac Van 
Zandt, and James Pinkney Henderson were successively ap- 
pointed ministers to the United States, with Charles H. Ray- 
mond Secretary of Legation. Ashbel Smith was appointed 
minister to France, Wm. H. Dangerfield minister to the 
Netherlands, Belgium and the Hanse Towns and Samuel M. 
Williams and George W\ Hockley commissioners to Mexico. 
Messrs. Williams and Hockley effected a brief armistice. 

Under President Anson Jones' administration, December 9th, 
1844, to February 19th, 1846, George W. Terrill and Ashbel 
Smith were appointed ministers to Great Britain, France and 
Spain ; and James Reiley and David S. Kaufman, ministers to 
the United States, with William D. Lee as Secretary of Lega- 
tion. The first minister from the United States to Texas was 
Alcee Labranche of Louisiana, in 1837. He was succeeded at 
different times by George H. Flood, Joseph M. Eve, and 
William H. Murphy (all of whom died and were buried in 
Galveston) and Duff Green, Mr. Howard of Indiana, Andrew 
J. Donelson of Tennessee, and Charles A. Wickliffe of Ken- 
tucky. In 1836, however, under a resolution of Congress, 
President Jackson had sent Mr. Moffat, as a special agent to 
visit and report upon the condition of affairs in Texas, as a 
precautionary measure before acknowledging the independ- 
ence of the young Republic. His report was altogether 
favorable, and, as already stated, the recognition occurred on 
the 3rd of March, 1837. 

Under authority of Lord Palmerston, Prime Minister, on 
the 12th of April, 1837, Mr. Crawford, British consul at 
Tampico, arrived at Columbia, the temporary seat of govern- 
ment, for the purpose of reporting on the condition of Texas 
to the British premier. Late in 1839 Count Alphonse de 
Saligny arrived as charge d' affaires from France, and so con- 
tinued for some years. Having been Secretary of Legation at 
Washington, he had early in the year made a visit of observa- 
tion to Texas and reported favorably. On the 13th of May, 

14 



210 HISTORY OF TEXAS. 

of the same year, Admiral Baudin, commaDding a part of the 
French fleet then blockading the ports of Mexico, touched at 
Galveston and exchanged salutations. It was regarded as a 
good omen. The freedom of the city accompanied by an 
address of welcome from the municipal authorities, was ten- 
dered the admiral, who responded in eulogistic terms. 

In August, 1839, General James P. Henderson, with Mr. 
Albert T. Burnley, as a colleague, secured the acknowledg- 
ment of Texas independence by France, and on the 25th of 
September, with Marshal Soult, Duke of Dalmatia and pres- 
ident of the council, signed a treaty of amity, navigation 
and commerce, the Duke expressing his pleasure at thus 
becoming the European god-father of the young Eepublic. 

General James Hamilton, having obtained the acknowledg- 
ment of Texian independence by Holland and Belgium suc- 
ceeded soon afterwards (November 16th, 1840), in forming 
treaties, covering all desired points, with Great Britain. 






CHAPTER XXI. 

Capture of San Antonio and the Retreat of the Invaders under Vasquez, 1842. 

It must be borne in mind that at this period San Antonio, 
thirty-six miles west of the hamlet Seguin and seventy-six 
miles from Gonzales, was an outpost and eighty-four miles 
southwest of Austin. Beyond either place there was no set- 
tlement for hundreds of miles ; from San Antonio to Laredo 
and Presidio del Kio Grande, 160 and 180 miles without 
a human habitation between. The inhabitants of San 
Antonio were made up of about nine-tenths Mexicans, the 
remainder being Americans, Germans, French, Indians, 
Scotch, Irish and English. 

During the winter of 1841-42, through some friendly 
Mexican women, the Americans of San Antonio learned that 
preparations were on foot in Mexico for an invasion of Texas. 
Some of the Mexican residents of the town had secretly left 
to join the invaders under lead of a Mexican, well known to 
the Americans, named Antonio Perez. John C. Hays was 
then a rising young ranger in San Antonio, who had gained 
reputation as a bold and dashing Indian fighter. He occupied 
the same position in his district that Ben McCulloch and 
Matthew Caldwell occupied at Gonzales, Col. Ed Burleson on 
the Colorado, John T. Price at Victoria and Col. John H. 
Moore in Fayette. There were numerous others in the 
localities named who stood high as leaders : As Dawson and 
Rabb in Fayette, Wallace and Jesse Billingsly in Bastrop, 
Mark B. Lewis of Austin, James H. Callahan of Seguin, 
Henry E. McCulloch of Gonzales, Daniel B. Friar of Cuero, 
and others. 

Forewarned, the Americans of San Antonio organized a 

(211) 



212 HISTORY OF TEXAS. 

company, with John C. Hays as captain. In its ranks were 
several distinguished soldiers, and men of distinction, as 
Capt. D. C. Ogden, French Strother Gray, Henry Clay 
Davis, John R. Cunningham, Kendrick Arnold, Cornelius 
Van Ness, Dr. Smithers, John Twohig and others. Hays at 
once adopted energetic measures to organize and pre- 
vent a surprise. In response to his request, Ben Mc- 
Culloch and Alsey S. Miller joined him from Gonzales. His 
first move was to send out as scouts, towards the Rio 
Grande, Mike Chevallie and James Dunn. These men 
were ambushed and captured on the Nueces. He next sent 
his favorite Mexican servant, Antonio Coy, who, in 
like manner, was captured on the Rio Frio. Receiving 
no report from either, as soon as Ben McCulloch and 
Miller arrived from Gonzales, he sent them out under similar 
instructions. While these movements were in progress, Hays 
sent runners into the east calling for help. Five young men 
and boys (the author being one) left the Lavaca settlement 
in response to Hays' appeal. They reached the Cibolo creek 
on the Seguin and San Antonio road — in company with sim- 
ilar squads of men from elsewhere, and there organized a 
company, electing as their captain, James H. Callahan, of 
Seguin, one of the few men saved at Fannin's massacre. We 
reached San Antonio on the afternoon of March 5th and 
found Hays in chief command with Daniel B. Friar in com- 
mand of a small company from the Cuero settlement. Hays 
was recognized by all as chief in command and D. C. Ogden 
succeeded him as captain of the San Antonio company. A 
call of the roll revealed the fact that the entire force at that 
time was 107 men, among whom were Captain Andrew Neill 
and Col. Ury (a planter from Louisiana). Hays, still keenly 
anxious to know the real condition of things, sent a special 
detail of scouts west to reconnoitre. 1 Leaving at dark, in 

1 This party consisted of Kendrick Arnold, Isaac N. Mitchell, Stewart 



HISTORY OF TEXAS. 213 

the chaparral four miles west of San Antonio, the party was 
fired upon from ambush, apprising them of the near approach 
of the Mexicans. Avoiding the road, the party moved on and 
soon discovered that the bluff on the west side of Leon creek 
was illuminated by a hundred or more camp fires. Moving on 
to the west of the camp they estimated the force of the 
enemy at 1,400, which, subsequently, proved to be correct. 
Returning, they reached San Antonio, about eight miles dis- 
tant, at daylight, and reported the facts to Col. Hays. Early 
in the morning of the 6th of March, the sixth anniversary of 
the fall of the Alamo, Col. Hays dispatched the same party 
with the addition of a man widely known as " Keno," whose 
real name was Ellison, to watch the approach of the Mexicans. 
This party passed entirely round the Mexicans, exchanging 
occasional shots. On returning back to the road a white flag 
appeared at this point. Arnold and Isaac Mitchell advanced 
to meet it. It. was borne by Colonel Carrasco, who demanded 
a surrender of San Antonio. He was conducted blind-fold to 
headquarters. He announced that General Vasquez was in 
command of 1,400 men — infantry, cavalry and artillery; that 
1,800 would re-inforce him next day and several thousand a 
few days later, and demanded a peaceful surrender of the city. 
He was promised an answer at 2 p. m. and re-escorted to his 
command. A council of war was then held, Hays presiding 
and Captains Ogden, Friar, and Callahan, Lieuts. James 
P. Kincannon and Messrs. Cornelius Van Ness, John D. Mor- 
ris and other citizens participating. The question was, " Shall 
we retreat or fight ? " On a parade of the men fifty-four voted 
to retreat, and fifty-three to stay and fight. Preparations 
were at once made to retreat, and at 2 p. m. General Vasquez 
was informed that they " refused to surrender." Three hun- 
dred and twenty-seven kegs of powder — the heads being 
knocked in — were thrown into the river, and John To whig 

Foley, Joshua Threadgill, Wm. Morrison, John Henry Brown, and perhaps 
one or two others. 



214 HISTORY OF TEXAS. 

(a merchant of San Antonio) arranged a number of slow 
matches to the powder in his store house which was filled 
with valuable goods for the Mexican trade. The retreat, 
with one piece of artillery, drawn by oxen, was commenced 
and continued in good order. As the rear guard left 
the plaza Twohig ignited his matches. As the Mexi- 
cans entered from the west, the pelados rushed to Two- 
hig' s rich store for plunder. When about one hundred had 
rushed in the first keg of powder exploded — then another 
and another, — till a considerable number of Mexicans were 
dead or wounded. The retreat continued without encounter- 
ing the enemy, though several parties showed themselves on 
our right. Three American citizens of San Antonio, having 
no horses to ride (Dr. Launcelot Smithers and Messrs. Khea 
and McDonald), declined to join in the retreat and were sub- 
sequently murdered by Mexican outlaws at the Cibolo Sulphur 
Springs. As we passed the Alamo in the retreat these men 
sat upon its walls. Col. Hays and Capt. Ogden besought 
them to join us, but they refused. We crossed the Powder- 
house ridge and descended the long slope towards the Salado 
creek on the Seguin road. To our right half a mile distant a 
body of Mexican cavalry appeared at the edge of the timber 
on the creek and waved their hats in defiance. Capt. Ogden 
galloped down the line and called for forty of the best mounted 
volunteers to attack them. The number was instantly at his 
side, among whom are remembered: Capt. Andrew Neill, 
Isaac N. Mitchel, C. C. DeWitt, Wm. Morrison, Calvin Tur- 
ner, Henry Clay Davis, Stewart Foley, and others. They 
charged — the Mexicans ran, and a beautiful sight gladdened 
our eyes — although retreating, our boys- were whipping the 
foe. But little blood was shed, as the enemy had the start, 
but the Seguin boy, Calvin Turner, tumbled one Mexican and 
led his horse back in triumph. Capt. Neill and several others 
were severely injured in the charge by thorns piercing their 
legs. We encamped on the Cibolo that night — a courier 



HISTORY OF TEXAS. 215 

having been sent to Austin — and next day we encamped 
at Flores' ranch, opposite Seguin on the Guadalupe. The 
whole Guadalupe valley, from Seguin — via Gonzales, to 
Cuero — was abandoned by the inhabitants, who retreated 
east as best they could in wagons, carts and on foot. The 
fighting citizens from the Brazos west rallied and hastened to 
the front. Ben McCulloch and Alsey Miller, who had been on 
a scout west to observe the enemy and were supposed to have 
been killed, brought to camp ample information as to the 
strength of what was believed to be the advance of an invading 
army. In a few days a large force of volunteer citizens 
assembled around San Antonio. The old veteran, Col. John 
H. Moore, of Fayette, with a goodly number following, was 
among the first to arrive. The noble soldier, Capt. Mark B. 
Lewis, afterwards basely murdered at Austin, was there, as 
was Burleson, the Vice-President, and Chief Justice Hemphill. 
There were upwards of 2,000 men, most of them with their 
respective captains. All hearts turned to Burleson as the 
commander, and he was elected by acclamation. The militia 
were called upon by President Houston to repair to San An- 
tonio with Brigadier-General Somervell to take command. 
Scouts soon brought the information that the enemy, after 
holding San Antonio a few days, had rapidly retreated. 

While these events were passing on the upper or San Anto- 
nio route the lower or Goliad route had its full share in 
the events of the day. The coastwise people, on notice of 
the danger, rallied at Goliad. Victoria, Jackson, Matagorda 
and glorious old Brazoria were well represented by vol- 
unteers meeting by neighborhoods under their respective 
captains. Clark L. Owen was elected commander and they 
remained in camp about two weeks. They sent out scouts 
and soon found that no considerable force of the enemy was 
on that line. In that command were: Major James Kerr, 
John S. Menefee, Major George Sutherland and Frank 
M. White of Jackson; Ira R. Lewis, Albert C. Horton, J. 



216 HISTORY OF TEXAS. 

W. E. Wallace, George M. Collinsworth, Hardeman, 
Stewart, McCamly, Sam Fisher, Thomas M. Duke, Matthew 
Talbott, Harvey Kendrick and others from Matagorda ; Capt. 
John T. Price, John J. Linn, Alfred S. Thurmand, David 
Murphree, Wm. Rupley, George Wright and others from 
Victoria; Wm. L. Hunter and others from Goliad; Wm. H. 
Jack, Branch T. Archer, Powhattan Archer, Edwin Waller, 
John Sweeney, the McNeels, Isaac T. Tinsley, Andrew 
Westall, Mordella S. Munson, M. Austin Bryan, James 
H. Bell, Orlando and Virgil Phelps, the Pattons, Reuben R. 
Brown, W. D. C. Hall, and others from Brazoria. 

The State militia (a small remnant of a former organiza- 
tion), were ordered to San Antonio, and Brigadier- General 
Alexander Somervell was ordered to take command of the 
militia and other unorganized men. These having declared 
their choice of commander to be Vice-President Edward Bur- 
leson, General Somervell retired. Burleson was elected to 
command, by acclamation, but on the 31st of March, he 
proposed to resign the command to General Somervell who 
declined on the ground that the men had asserted their right 
to elect their own commander. It was ascertained by the 
scouts that the invaders had retreated across the Rio Grande, 
but Burleson was without orders which would admit of 
pursuit (as was almost the unanimous wish of the men), 
consequently on the 2d of April he disbanded the volun- 
teers. 

Capt. Hays remained in the country to the west of San 
Antonio and Capt. Cameron with his command in the country 
from Victoria to the Nueces in the southwest. They were 
called cowboys, as they subsisted on such wild cattle, deer and 
other game as they could kill. Cameron was a fine specimen 
of the old Highland chiefs of Scotland. He stood six feet 
two, weighed about two hundred and ten pounds, and was a 
model of form and symmetry. He was a prudent, sagacious 
man of few words, careful of the lives of his men, who idol- 



HISTORY OF TEXAS. 217 

ized him, and never hesitated to follow where he led the way. 1 
Capt. John T. Price, in command of a small company of 
irregular troops, made several scouting expeditions into the 
Nueces country. 

President Houston in consequence of these incursions of the 
enemy and the condition of Austin on the exposed frontier, in 
the exercise of a constitutional power, moved the seat of gov- 
ernment to Houston. This removal aroused no little indi^na- 

o 

tion among the citizens in the city and the country contiguous. 
The government archives were not, however, immediately 
removed. He issued urgent solicitations for contributions of 
men and money from the United States through agents who 
were instructed to require that volunteer immigrants should 
come armed, equipped and provisioned, and that they should 
proceed immediately to the rendezvous at Corpus Cristi, there 
to wait further orders. On the 5th of May, General James 
Davis was sent to take command of the volunteers, organize, 
drill and hold them until such time as an invasion of Mexico 
could be undertaken with a prospect of success. The require- 
ments of the President that volunteers (" immigrants ") 
should come " armed, equipped and provisioned'' had not 
been complied with, consequently their condition was trying 
in the extreme, as there was little but beef in that part of the 
country even for the settlers and their families. The meeting 
of the extra session of Congress which, it was confidently ex- 
pected, would inaugurate plans and make necessary appropri- 
ations for the war into Mexico, was anxiously anticipated by 
the citizens who were eager to join the expedition. Congress 

1 Among others in Cameron's company were : John R. Baker, first-lieu- 
tenant, Alfred Allee, second lieutenant; A. S. Thurmand, Gideon K. Lewis, 
" Legs," Henry D. Weeks, Mr. Bray, Robert W. Turner, Wm. Rupley. Iu 
Hays' company were : Chief Justice John Hemphill, Mike Chevallie, James 
Dunn, Ellison, John Henry Brown, Achilles Stapp, Beverly C. Greenwood, 
John H. Livergood, Wm. Smothers, C. Rufus Perry, Kit Acklin, Antonio 
Coy, John R. Cunningham, Sam Norvell, Guy Stokes, and forty or fifty 
Others. 



218 HISTORY OF TEXAS. 

met on the 27th of June, and the President in his message 
regarding the question of war with Mexico as tacitly deter- 
mined upon in view of the pompous threats of Santa Anna of 
retaking the country, and the annoyances of the petty invasions 
which interrupted the peace and prosperity of the country, 
presented for their consideration and immediate action, the 
demands which such an expedition would make upon the re- 
sources of the government, the time which would be required 
for such preparations as the magnitude of the undertaking 
would require. If the former session of Congress was entitled 
to be called the •' Reform Session " this was emphatically the 
" War Session." It was well known that President Houston 
had uniformly opposed an invasion of Mexican territory, for 
reasons which were fully sustained by time. He had in his 
order to General James Davis in May, required that officer to 
allow no forward movement towards the Rio Grande and 
repeated what the country knew only too well, that the great- 
est disasters which had befallen Texas had resulted from 
schemes to invade that country without authority and the 
necessary preparations. 

As was to be expected the volunteers at Lipantitlan on the 
west bank of the Nueces became restless. Some repaired to 
San Antonio, and by the 7th of June their number had become 
so reduced as to invite an attack from Mexicans under Can- 
ales. Gen. Davis, his command reduced to one hundred and 
ninety-two men, apprised of Canales' intention, moved his 
quarters from their brush tents on the night of the 6th, so that 
on the morning of the 7th when Canales, with about 700 men 
and one piece of artillery, made the attack upon the tents, 
there was no response. However, discovering Davis' position 
in a ravine, they advanced and fired but were checked on 
their near approach by the fire of the Texians. About fifty 

soon returned to renew the attack, when their leader , 

was killed. Canales and his command then withdrew. The 
force under General Davis was soon after disbanded. 



HISTORY OF TEXAS. 219 

There had been little improvement in the currency of the 
Kepublic. Appropriations had not been made by the recent 
Congress for necessary expenses ; the mail service had been 
suspended for want of means for its continuance. The Pres- 
ident in his message, referred to this state of things, to the 
want of provisions for the volunteers then being fed by pri- 
vate contributions, and to the condition of the navy, useless 
for want of means to put it in proper condition. He added 
that the Mexicans would, in all probability, continue to harass 
the Texian borders until some retaliatory check was put upon 
them and urged the necessity of an early settlement of the 
question of an invasion of their country. 

A war of invasion was declared. Legislation progressed 
rapidly. Bills were passed which placed the President at the 
head of the invading army and clothed him with every power 
necessary for its equipment, and the successful conduct of 
the campaign. To defray the necessary expenses an appro- 
priation of 10,000,000 acres of land was made. Expectation 
and anxiety were at a high pitch when the time for the return 
of the bill drew near, and great was the surprise throughout 
the country when the war bill was returned with the Pres- 
ident's veto. 

The people, in after years, came to realize the suicidal 
absurdity of an invasion of Mexico without the means of sus- 
taining an adequate force. The President found ample 
reasons for his veto in the facts, that no provisions were made 
for the payment of agents to sell the 10,000,000 acres of 
lands, even were the sales probable in view of the cheapness of 
land script then on the markets in the United States, and that 
lands could be procured for the mere settlement of a family 
upon them. No adequate amount had been contributed in 
the United States. 

A bill was passed authorizing the President to order out 
the militia by draft of one-third the whole population capable 



220 HISTORY OF TEXAS. 

of beariog arms, to form a part of the army of invasion. 
This bill was vetoed as exercising a power not found dele- 
gated to Congress in the constitution, that of requiring the 
citizens to join an army of invasion into a foreign country, 
and a precedent which on some future plea of necessity might 
prove of great damage. Another objection was that the loan of 
$1,000,000.00, which Mr. Dangerfield had gone to New Orleans 
to negotiate, had not been effected. It is possible that the 
more cogent reason in the President's mind was a corre- 
spondence then being conducted by Daniel Webster, Secretary 
of State of the United States, with the American minister, 
Waddy Thompson, to Mexico, urging a cessation of hostili- 
ties, detrimental alike to the interests of all countries, which 
had recognized the independence of Texas, and affecting the 
friendly feelings of those countries for Mexico ; and offering 
the friendly mediation of his government to bring about so 
desirable an end. 



THE SANTA FE PRISONERS. 

In June or July, 1842, at the instance of General Waddy 
Thompson, of South Carolina, American minister to Mexico, 
with the hearty concurrence of President Tyler and Daniel 
Webster, Secretary of State of the United States, the Mexican 
government released the Santa Fe prisoners, and they arrived 
at home a few weeks before the invasion conducted by Woll. 
Besides Col. Caldwell, a few others of their number par- 
ticipated in the operations against Woll. A few of them at 
the intercession of General Jackson, had been previously 
released. They had suffered much during their march from 
Sante Fe and their prison life in Mexico. General Houston, 
though without financial resources, had sought through various 
means to accomplish their liberation, notwithing the allega- 
tions subsequently made to the contrary. Although, as he 



HISTORY OF TEXAS. 221 

claimed, the Sante Fe expedition was undertaken without the 
authority of law, he yet maintained that their honorable 
surrender as prisoners of war demanded of the Mexican gov- 
ernment, their humane treatment as such. He fully realized 
that the expedition was chiefly made up of the best citizen- 
ship of the country. 



CHAPTBE XXII. 

Woll's Capture of San Antonio — Battle of the Salado — The Dawson 
Massacre — Retreat of Woll. 

At daylight on Sunday morning, September 11th, 1842, the 
people of San Antonio were awakened by the roar of cannon, 
and a few moments revealed the fact that the town was in 
possession of a body of Mexicans, 1,400 strong, consisting 
of infantry, cavalry and artillery, commanded by General 
Adrian Woll. 1 District court was in session and Judge 
Anderson Hutchinson, district attorney, George Blow with 
all the lawyers and most of the American citizens and officers, 
were speedily captured. Attorneys Wm. E. Jones, Andrew 
Neill, James Wx Robinson and John R. Cunningham, and 
Citizens Isaac Allen, Samuel A. Maverick, John M. Bradley, 
John Twohig, James L. Trueheart, George Brown, — Elley 
and — Young were also captured. The whole affair occupied 
but a few moments. Some few escaped and hastened to 

1 General Adrian Woll was a Frenchman by birth, educated for the army. 
He came to Baltimore in 1816 with letters to General Winfield Scott, who 
became his friend and aided him to reach Mexico the same year, in the cele- 
brated Mina expedition, to aid in her war for independence against Spain. 
After the final triumph in 1821, in reward for his services, he received a 
commission in the regular army of Mexico. As a general he came with 
Santa Anna's army into Texas, but, being in Filisola's division, was not at San 
Jacinto. After that battle, however, he entered General Houston's lines, 
by au oversight, without displaying his flag of truce, and was detained for 
some time as a prisoner; but was finally escorted to Goliad and allowed to 
go home. These facts the author received from him in person in 1855, 
when as a friend of Santa Anna, on the latter's final downfall, Woll was es- 
caping from Matamoros to New Orleans. He died at his native place in 
France while Maximilian was in Mexico. His son, by his Mexican wife, 
bearing the name " Gual," (pronounced Woll,) was keeping a hotel in the 
city of Mexico when the author was in that city in the years 1869-70. 
(222) 



HISTORY OF TEXAS. 223 

Seguin and Gonzales to give the alarm. From Gonzales 
couriers were sent to the Lavaca, the Colorado and the 
Brazos. They rode day and night, spreading the news and 
the fighting men, as always, rallied in squads, until companies 
were formed, and by Saturday following September 17th, 
two hundred and two men rendezvoused on the Cibolo, above 
the Seguin and the San Antonio road. A general organiza- 
tion took place. Capt. John C. Hays was placed at the head 
of a scouting company of forty-two of the best mounted men. 
Henry E. McCulloch was the first lieutenant of this company. 

The old frontier captain, Matthew Caldwell (just returned 
from confinement in Mexico as a Santa Fe prisoner), was 
enthusiastically chosen commander. Canah C. Colley was 
made adjutant and Dr. Caleb S. Brown, of Gonzales, surgeon. 
The companies were commanded respectively by Captains 
Daniel B. Friar, of Cuero, thirty-five men; sixty from 
Gonzales and Seguin by Capt. James Bird of Gonzales, with 
James H. Callahan of Seguin as first lieutenant ; twenty-five 
from the Lavaca by Adam Zumwalt ; forty cow-boys and 
Victorians by Capt. Ewen Cameron, with his lieutenants, John 
E. Baker and Alfred Allee, in all 202 men. 

At sunset they marched for the Salado over the country, 
without any road, and, about midnight took position on the 
east bank of that creek a little below the present New Braun- 
fel's crossing and about six miles northeast of San Antonio. 
Sentinels being stationed, the men slept until daylight Sunday 
morning, September the 18th, just one week after General 
Woll had taken San Antonio. WolPs force consisted of 400 
cavalry, 1,050 infantry and two pieces of artillery . About sun- 
rise, Col. Caldwell, having examined the ground, dispatched 
Hays and his company of scouts, with instructions, by taunts 
and defiances, to challenge the Mexicans to attack our position, 
thinking that two hundred and two Texians in such a position 
could whip fourteen hundred and fifty Mexicans. Hays and 
his men appeared on the ridge, three to four hundred yards 



224 HISTORY OF TEXAS. 

east of the Alamo, waved hats, shouted and challenged the 
enemy to come forth. In a few moments four hundred cavalry 
emerged through the gate of the Alamo and charged the bold 
challengers. Just then, however, fighting was not in Hays' 
programme, so he retreated up the ridge towards our camp, 
feeling confident of his ability on such horses to regulate the 
distance between himself and his pursuers. The Mexicans 
fired their escopetas by elevation as they pursued, and 
dropped balls constantly among the little company. About 
midway the distance, the horse of Capt. Augustus H. Jones 
of Gonzales, began to fail, and fell behind, seeing which 
Hays, who was his bosom friend, threw the whole company 
behind him and regulated his speed to the ability of Jones' 
horse to keep ahead. From there to our camp the skirmish- 
ing was brisk, our men being compelled repeatedly to wheel 
and lire, to save Jones — a man highly esteemed by all his 
comrades. Hays, closely pressed, crossed the Salado half a 
mile above our camp, there being no other crossing near, and 
wheeled at once down to Caldwell's position. The Mexican 
cavalry crossed at his heels, but, soon discovering our posi- 
tion, passed obliquely across the little valley to the ridge some 
three hundred yards east and in our front. From that time 
till the arrival of General Woll with his infantry and artillery, 
probably two or three hours skirmishing was kept up, and 
many gallant acts performed. In that time one of the three 
brave brothers Jett escaped from San Antonio during the 
excitement of the morning, and by seeking the protection of 
the chapparal reached our camp a little before Gen. Woll 
arrived. 1 About one o'clock p. m. General Woll, with eight 
hundred infantry and two peices of artillery, arrived on the 
ground. He formedhis infantry on the hill-side, fired two rounds 

1 This brave man was killed during the battle. One of his two brothers 
was the Mr. Jett, murdered, with the venerable Simeon Bateman, by Shultz, 
in January, 1845, for w T hich the murderer was arrested ten years later and 
hanged in Galveston, in July, 1855. 



HISTORY OF TEXAS. 225 

of grape and canister, then advanced in slow but good order. 
A generalf eeling of enthusiasm prevailed . Very soon the enemy 
sounded the bugle, commenced firing rapidly and rushed to the 
charge, but soon well aimed rifles of the Texians checked their 
advance. Here, there and everywhere the enemy fell rap- 
idly either killed or mortally wounded. After a desperate 
struggle of some twenty minutes the enemy fell back under 
the protection of their guns. At the same time, Vicente 
Cordova, the Mexican rebel from Nacogdoches, with forty 
Cherokees, a few renegade Mexicans and Carrizo Indians, 
attacked our guard and right flank at the mouth of a ravine 
running at an acute angle into the creek and somewhat en- 
filading the Texian line. Lieutenant John K. Baker with a 
small detachment rushed into a hand-to-hand fight with the 
enemy in the ravine and soon drove them out. At that 
moment Cordova stood on the opposite bank cheering his men, 
when Private John Lowe, of Bird's company, about ninety 
yards distant, fired diagonally across the Texian right front 
and shot that brave but misguided old chief through the 
heart. Several charges, not so vigorous as the first, were 
subsequently made and gallantly repulsed. Late in the after- 
noon Woll reformed his men on the ridge and there remained 
until about sunset. We now come to what is known in Texas 
history as Dawson's massacre. 

While the battle was going on as before described, a com- 

CT CT * 

pany of fifty-three volunteer citizens, all but two or three of 
whom were from Fayette County, under command of Captain 
Nicholas Dawson, was approaching from the east to re-inforce 
Caldwell. When on the prairie about a mile and a half distant 
and within hearing of the guns, they discovered a body of 
Mexican cavalry directly in front and approaching them. The 
enemy's cavalry had been unemployed during the fight on the 
creek. They numbered four hundred men, and, on the 
discovery of Dawson's approach, had been sent sent by Gen- 
eral Woll to engage him. For a mile or so around the 

15 



226 HISTORY OF TEXAS. 

country was almost level, but much higher, and out of view 
from the battlefield on the creek. Dawson took position in a 
small grove of mezquit trees, covering from one to two acres 
of ground, dismounted and prepared for action. The enemy 
advanced in a compact mass to within a point just beyond 
rifle shot, then divided into two parties, passing to the right 
and left of Dawson's position, thereby revealing the presence 
of a cannon, which at once opened fire with grape and 
canister. A very few moments revealed the fact that the 
Texians were at the mercy of this gun. Men and horses 
rapidly fell. The fire of Dawson's men proved to be totally 
ineffective at such a distanee. When more than half their num- 
ber had fallen it became evident that death or surrender was 
inevitable. Efforts were then made to surrender. Several 
signals to that effect were hoisted, when a rush was made by 
the enemy into the grove. As the Texians surrendered their 
arms in numerous cases they were cut down, and, had it not 
been for Col. Carrasco and a few other honorable officers, 
every man would have been slain. In this moment of con- 
fusion, two men escaped, one of whom was Gonzalvo Woods 
of Fayette, who surrendered to a Mexican, who attempted to 
pierce him with his lance. Woods, already wounded in 
three places, seized the lance, jerked the Mexican to the 
orouud, drove the lance through his heart, mounted 
the Mexican's horse and made his escape. The other was 
Alsey S. Miller of Gonzales, who, at the same moment, 
mounted a horse near by (his own having been killed) and 
attempted to escape by flight, but was pursued by Antonio 
Perez and a few other renegade Mexicans, formerly from San 
Antonio, who were mutually acquainted. Miller's horse 
rapidly failed, but the fine horse of Edward T. Manton es- 
caped from the grove and came galloping by. Miller mounted 
this horse and outran his pursuers. The result was that, of 
the fifty-three men, forty-one were left dead on the ground, 
two escaped and ten were taken prisoners, four of whom were 



HISTORY OF TEXAS. 227 

wounded, Norman B. Woods receiving wounds from which 
he died afterwards in the prison of Perote. Among the ten 
prisoners were : Nat W. Faison, Edward T. Manton, Norman 
B. Woods, — James, Joseph Shaw, Joseph C. Robinson, 
Wm. Trimble, J. E. Kornegy, Richard Barclay, and Allen 
H. Morrell. 

Among the slain were: Captain Nicholas Dawson, the 
venerable Zadock Woods (father of the two brothers named), 
aged nearly eighty years, a mulatto man belonging to 
Samuel A. Maverick, 1 Jerome Alexander, — Cummings, — 
Farris, and David Berry, over seventy years of age. 

The dead were stripped of every particle of clothing and 
left on the field. About sundown General Woll, rejoined by 
the cavalry and their ten prisoners, retired to San Antonio — 
employing about sixty carts in bearing away most of his 
wounded, and some of his dead. This engagement was 
wholly unknown to Caldwell and his. men until early next 
day, but one or two persons reported to Col. Caldwell that 
they had heard artillery in the direction of this tragic scene. 
The night being dark and stormy, with a continual down- 
pour of rain, nothing could be done until morning. During 
the night Captains Jesse Billingsly and W. J. Wallace of 
Bastrop, each commanding a company (including men from 
La Grange, in all one hundred men), and Major James S. 
Mayfield commanding the whole, arrived in camp. Among 
them was Samuel H. Walker (afterwards so distinguished as 
a Texas ranger, and who fell at Huamantla, Mexico, in 1847), 
on his first campaign in Texas. When morning came Col. 
Caldwell dispatched John Henry Brown, Wm. Burnham, 
Griffith Jones, and Dr. Caleb S. Brown, and one other to in- * 
vestigate the reported sound of the cannon, the first named and 
a young Mexican named Chico being the only persons who 

1 The mulatto had been sent by Mrs. Maverick, with one thousand gold 
dollars, belted around his body, to secure the release of his master, who had 
been captured in San Antonio on the previous Sunday. 



228 HISTORY OF TEXAS. 

claimed to have heard the guns in that direction. They 
speedily arrived at the scene, guided thereto by the wounded 
horses around the grove. They counted in the grove forty 
dead bodies entirely naked, so mutilated with cannon shot, 
sabre wounds and lances as to be unrecognizable. The heads 
of several were nearly severed from their bodies. The cold rain 
of the previous night had cleansed them of blood and given 
the bodies a marble-like appearance. It was simply a horri- 
ble sight. The forty-first man, whose name was Cu minings, 
from the Lavaca settlement, having run about four hundred 
yards before he was killed, was not found until afterwards. 

Among the casualties in Caldwell's command were a goodly 
number of killed and wounded horses. Mr. Stephen Jett 
was killed. Among the wounded were: Cockrell, Jesse Zum- 
walt, Creed Taylor, James Taylor, John Henry Brown, Sol- 
omon Stephens, and others. 

Col. Caldwell remained in camp on the 19th and until the 
morning of the 20th. Learning that Woll had begun his 
retreat early in the morning Caldwell moved in pursuit at ten 
o'clock, nooning at the head of the San Antonio Eiver, 
anxiously hoping for re-inf orcements ; but, none arriving, he 
continued the march and reached the Presidio crossing of the 
Medina (where Castroville now stands), at twelve o'clock in 
the night. Next morning he moved up the vallev five or six 
miles and halted, while Hays and a few others went forward 
to reconnoitre. About noon Hays returned bringing in four 
prisoners, and stating that Woll was encamped eight miles 
above. At this time re-inforcements were reported near at 
hand. At four p. m. they arrived, eighty from the Colorado 
and twenty from the Lavaca, unorganized, but the old 
veteran, Col. John H. Moore, was in command. This 
increased the aggregate force to four hundred and eighty- 
nine men, which by general consent was speedily divided into 
two battalions, with Matthew Caldwell as colonel, John H. 
Moore, lieutenant-colonel, and James S. Mayiield, major. Ben 



HISTORY OF TEXAS. 229 

McCulloch, returning from eastern Texas, accidentally fell 
in with these men, and joined the pursuers at the same time, 
his arrival being hailed with great delight. After night-fall 
Caldwell moved up to within two miles of Woll's encampment 
on the opposite side of the Medina. At midnight scouts 
reported Woll still in that position. At daylight on the 22nd 
Caldwell moved forward but, on reaching the crossing, found 
that Woll had retreated. A rapid pursuit was continued until 
three p. m., when Hays, in the advance, came up with Woll's 
rear guard, and exchanged a few shots, in which the valiant 
Samuel H. Luckey received an ounce ball through his lungs. 
He lived to die ten years later in San Antonio. The pursuit 
was continued till near sunset. Hays came up with the main 
body of the enemy on the Arroyo Honda, where the new road 
made by Woll passed through dense chaparral. In a narrow 
and serpentine defile through this chaparral, Hays charged 
their rear, and up to the cannon's mouth, killing five Mexican 
artillerymen and having three of his own men (Archibald 
Gipson, Hurd Perry and Col. Wm. G. Cooke) wounded, and 
one horse killed. 

The ground was boggy from recent rains. Caldwell did 
not arrive in time to support Hays, who fell back a short 
distance. When the main body came up and was reformed 
it was too dark to pursue further. Caldwell went into camp, 
formed a line of pickets around the Mexican encampment and 
awaited the dawn of day. When that time arrived it was found 
that General Woll, leaving his carts and baggage, and, being 
favored by the wet ground, had retreated noiselessly during the 
night. He crossed into Mexico at El Presidio Rio Grande. 
Being without provisions and many of the horses being worn 
out, the pursuit was reluctantly abandoned. The volunteers, 
in a somewhat irregular manner, retraced their steps to San 
Antonio, meeting on the way the old hero, Col. Edward 
Burleson, with about three hundred volunteers, who counter- 
marched and returned with them. All parties reached San 



230 HISTORY OF TEXAS. 

Antonio on September 24th and on the 25th a meeting was 
held in front of the Alamo, standing in a window of which 
Col. Burleson addressed the crowd, then increased to about 
twelve hundred. He recapitulated the repeated outrages of 
the Mexicans within the last year or two, and outlined a plan 
for a retaliatory expedition into Mexico. He advised those 
present to return home, recruit their horses, procure suitable 
clothing, supplies, arms and ammunition and rendezvous at 
San Antonio a month later. This plan resulted in what became 
known as the Somervell expedition, and finally the battle of 
Mier, on Christmas day, 1842. 

At the same time Major James S. Mayfield, feelingly and 
most eloquently, after indorsing Col. Burleson's plan, ap- 
pealed to all the volunteers from Fayette County to repair 
with him to Dawson's battle ground, and there bury their 
forty-one fallen comrades. This was done and their bodies 
remained till 1848, when they were exhumed, removed and 
interred on Monument Hill, opposite La Grange. 

During his occupancy of San Antonio, General Woll main- 
tained ]ais pledge made to the citizen-prisoners at the time of 
their surrender, guaranteeing the humane treatment due to 
prisoners of war. He interfered with the local authorities, 
appointing local officers according to Mexican customs. He 
also interfered with ecclesiastical affairs, by removing the 
pastor of that church, a native Spaniard, who had been 
placed in that position by the new vicar-general, Kev. John 
M. Odin, 1 restoring to that place the native priest, Don 
Kefugio de la Garza. 

1 In 1840 Rev. John M. Odin arrived in Texas as vicar-general for the 
whole Republic, by authority of the Catholic church. On arriving at San 
Antonio, he was shocked to find that La Garza, the resident priest, in defi- 
ance of his vows, was the father of a large family of children. He removed 
him from his position and placed in charge an estimable priest who had 
arrived in the country with him — hence the action of Woll in restoring La 
Garza to his former position. This priest, however, returned to Mexico 
with Woll, which restored the statu-quo. Substantially the same facts ex- 



HISTORY OF TEXAS. 231 

On the retreat of Vasquez from San Antonio in March, 
Antonio Perez and about forty of the citizens of the San 
Antonio valley abandoned the country and allied themselves 
with the Mexicans beyond the Kio Grande, and thus formed a 
company in Woll's present command. In the interval, between 
March and September, Col. John N. Seguin, who had been 
greatly endeared to the people of Texas, quietly withdrew 
into Mexico. His father, Don Erasmo Seguin, had been the 
friend of our people from the troubles of 1812-13 and was 
yet venerated by the whole American people of Texas, while 
his son, Juan Nepomucino Seguin, had been a gallant captain 
at San Jacinto, and a few 7 months afterwards, while there was 
no Americans in San Antonio, had collected and buried in the 
church of San Fernando in that city, with military honors, 
the charred remains of the martyrs of the Alamo. He had 
been a good frontier soldier, and a senator of the Eepublic. 
His defection can only be explained on the grounds as stated 
by himself that he had been grossly mistreated by parties in 
and around San Antonio. As late as 1885 he declared that he 
had never raised an arm against Texas — this declaration being 
made in reply to the long prevailing opinion that he had 
accompanied Woll into San Antonio. He died in 1890, over 
•eighty years of age. The influence of the men under Perez, 
during their nine days' stay in San Antonio, induced some of 
the old Mexican citizens of that place to desire a more quiet 
life beyond the Rio Grande. A number of them with no other 
means of transportation than Mexican carts, undertook to ac- 
company Woll in his retreat, but most of them necessarily fell 
behind, and were overtaken and passed by Caldwell's com- 
mand before reaching the crossing of the Medina, and there- 
upon returned to San Antonio. Among them was the then 
venerable Don Erasmo Seguin, who was treated by the T ex- 
isted at Goliad in the person of Padre Valdez, where the same corrective 
was applied. 



232 HISTORY OF TEXAS. 

ians with marked distinction. He was deeply affected and 
wept like a child, saying: " In 1813 I saved the lives of a 
number of Americans after their defeat on the Medina ; in 
1821 as commissioner of the government I conducted Stephen 
F. Austin, and a small party with him, from Natchitoches on 
his first entrance into Texas, and have ever since been a true 
friend to the Americans of Texas." All of which was known 
to be strictly true, besides the fact that he with his family 
and the families of his sons had abandoned San Antonio at the 
approach of Santa Anna in 1836, and retired to San Augustine 
in Eastern Texas. Moreover, from exposure on that trip he 
lost a brother, a son and other kindred. He was born in San 
Antonio in 1772, and died in his native place in 1857. The 
cattle and provisions of those people had, since the beginning 
of the revolution in 1835, furnished subsistence to both 
American and Mexican expeditions, without compensation, 
until they were reduced to extreme poverty. It was not, 
then, strange that they should seek relief among their own 
people, on the Mexican side of the Kio Grande. 

Simultaneous with WolPs invasion several predatory bands 
of Mexicans, understood to be under the direction of the 
Kanchero General Licentiate Canales, made demonstrations 
on the lower route, but did not reach Goliad and hence 
found nothing upon which to depredate. Nothing further on 
the southwestern frontier worth mentioning occurred, until 
the inauguration of the Somervell expedition hereafter to be 
given . 



CHAPTER XXIII. 

The Somervell Expedition and Battle of Mier — Another Removal of the 
Seat of Government. 

After the adjournment of the called session of Congress at 
Houston, President Honston issued a proclamation, tempora- 
rily removing the seat of government to Washington on the 
Brazos, where it remained until the final action in connection 
with annexation to the United States, when it was restored to 
Austin, the permanent capital. 

Following the meeting at the Alamo on the 25th of Sep- 
tember, providing for an expedition to Mexico, President 
Houston ordered out two regiments of militia, one from 
Montgomery County (embracing what now constitutes Mont- 
gomery, Grimes and Walker Counties), under Col. Joseph 
L. Bennett, who had been a Lieut.-Col. at San Jacinto; 
and one from Washington County under Col. Jesse B. Mc- 
Crocklin, who in due time proceeded via Gonzales to San 
Antonio. He also assigned the command of the contemplated 
expedition, presumably to be composed of those regiments and 
newly-forming volunteer companies, to Brigadier-General 
Alexander Somervell of the State malitia, who also repaired 
to San Antonio and assumed command. During the same 
period there arrived at San Antonio, from different parts of 
the country, various volunteer companies, commanded re- 
spectively by Captain Wm. M. Ryon, of Fort Bend ; Capt. 
John N. O. Smith, of Houston (who was left sick at Gon- 
zales and the company throughout the campaign was com- 
manded by First Lieut. Thomas S. Lubbock, with Lewis B. 
Harris as first sergeant) ; Captain Bartlett Simms, of Bastrop; 
Capt. Wm. M. Eastland, of Fayette; Capt. Ewen Cameron, of 

(233) • 



234 HISTORY OF TEXAS. 

the " Cow Boys; " Capt. John G. W. Pierson, of Eobertson 
County; Capt. Clark L. Owen, of Jackson County; Capt. 
Isaac N. Mitchell, of the Lavaca; Capt. Shelby McNeel, of 
Brazoria; Capt. Jerome B. Robertson, Capt. E. S. C. Eobert- 
son, Capt. Phillip Coe, Capt. Wm. S. Fisher, and Capt. Wm. 
P. Rutledge (the last five being from Washington County), 
also Capt. Samuel Bogart's company from Washington County. 
There was also a " spy" or advance company commanded by 
Capt. John C. Hays, with Henry E. McCulloch as first, and 
Eph. M. McLean as second lieutenant, and James W. Hen- 
derson (" Old Smoky," afterwards Lieutenant-Governor of 
the State), as first sergeant. Bogart's company was attached 
to that of Hays, and they continued in the advance throughout 
the expedition. 

The bulk of these volunteer companies was organized into 
a regiment, and an election held for field officers. James R. 
Cook of Washington was elected colonel, George Thomas 
Howard of San Antonio, lieutenant-colonel, David Murphree of 
Victoria, major, and Capt. Houghton was appointed adjutant. 
The companies of Simms and other small bodies remained 
unattached, but were afterwards formed into a battalion, and 
an election ordered for major. At this time the militia 
regiment of McCrocklin, and the greater portion of Bennett's 
militiamen, under various pretenses, had returned home. 
Col. Bennett, however, with a few unorganized men, was 
included in this propose'd battalion. There were two elections 
for major between Col. Bennett and Capt. Peter H. Bell, 
(afterwards Governor). In the first there was a tie, in the 
second Bell was elected, but it bred an ulcer, which was not 
entirely cauterized during the campaign. Bennett was a 
brave old veteran, writhing under the fact that so many of his 
militia regiment had gone home against his wish ; while Bell 
was a princely looking young man of dash, a soldier of San 
Jacinto, and supported unanimously by those who knew him 
from Travis, Bastrop, Fayette and Washington. The result 



HISTORY OF TEXAS. 235 

was that neither finally assumed the position, and Simms, 
as senior captain, maintained command of the battalion. Of 
the entire force, Chief Justice John Hemphill was appointed 
adjutant-general, and Col. Wm. G. Cooke quartermaster- 
general. 

After considerable delay, all things were announced ready, 
and on a pleasant November day, 22d, all the camps around 
the mission of Concepcion below San Antonio, took up the 
line of march on the road from San Antonio to El Presidio 
Rio Grande. They camped two nights and one day on the 
Eio Medina, then crossed that stream on the 24th, and, after 
following that road several miles, to the astonishment and 
mortification of almost every one, turned to the left southerly, 
and through chaparral, toward the Laredo road. The whole 
country was inundated with water, the weather was cold, and a 
few miles brought them into a sandy post oak country, where 
horses and mules sank to their bodies in quagmire. For three 
days they floundered through that sort of country, the men 
abusing the country in general and General Somervell in par- 
ticular. There were seven hundred men, about two hundred 
pack mules and about three hundred beeves. The command 
embraced more than one preacher, many church members, a full 
array of Texas farmer boys, and almost every variety of the 
genus homo. At night, unable to sleep on the deluged ground, 
large campfires were built on little knolls, and all kinds of 
meetings were held, political, theatrical and comical. That 
locality became known to the troops as " The bogs of the 
Atascosa," or " The devil's eight leagues." It was common 
to see pack mules sink until their cayacs (packs) stayed their 
further descent. A few men would lift them up and start 
them afresh. Thus by extraordinary efforts and great suffer- 
ing, they reached the Laredo road, as ancient as San Antonio 
and solidly packed down, so that man and beast could stand 
on firm ground. In fact they had passed the boggy belt. The 
comments passed on the commanding general were by no 



236 HISTORY OF TEXAS, 

means complimentary either to his military or geographical 
knowledge. It was known that the Presidio route was firm, 
and that at that place — three miles beyond the Kio Grande — 
we would get a fight, for which most of the men were keenly 
anxious. 

Thence the march was without interest to the Nueces River 
which, on the east side, was overflowed about two miles, to a 
depth of one to three feet ; on the west dry land approached 
the water's edge. Hays, with Bogart, being in front, swam 
across and sent back word that pioneers must be sent forward 
to construct a brush bridge. The companies of Fisher and 
Mitchell were sent forward for this purpose. The writer 
belonged as first sergeant to Mitchell's company, and was in 
that detail. 

After wading about two miles they arrived at the bank of 
the narrow river, the water on this side being fully three feet 
deep and a keen norther in full blast. Some men with 
hatchets swam over and from both sides trees were felled into 
the stream, their tops meeting and interlapping. Then came 
large bushes worked in, getting smaller and smaller until 
finally the bridge was floored with layers of reed cane and 
long grass, so that next morning all the horses and pack 
mules passed safely oyer. Arrived on the west bank they 
spent the remainder of a clear day in drying baggage, while 
Hays' command went forward to reconnoitre, accompanied 
by Capt. Flaco, the brave young chief of the Lipan Indians, 
who, with a few of his tribe and one Apache, accompanied 
us. This Apache, Luis by name, had been smuggled out of 
prison at Perote by the released Santa Fe prisoners, and came 
to Texas with them during the previous summer. When 
night came on a rain with a cold wind set in, and about mid- 
night a general stampede of the horses and mules took place. 
It was a fearful time. Dark as pitch and nearly a thousand 
horses and mules rushing blindly, furiously over the men. 
The Rev. Edward L. Fontaine, a grandson of Patrick Henry, 



HISTORY OF TEXAS. 237 

and afterwards long known as the Rector of the Episcopal 
Church in Austin, in jumping to escape the rushing animals 
sank back into a bed of prickly pears, and was terribly 
lacerated by the barbs, insomuch that his captain, Dr. 
Jerome B. Robertson spent the leisure hours of several suc- 
ceeding days in extracting them from his body. 

Next morning an hour's search brought in most of the 
animals. Flaco arrived with a note from Hays, saying that 
he had taken two Mexican scouts ; that there were two com- 
panies of Mexican troops at Laredo, and that, by a rapid 
inarch, they could be captured. It must be borne in mind 
that there was not a tent in the command. It was a cold, 
rainy morning, with a severe north wind, and it was sixty 
miles to Laredo. Leaving a few men behind to seek the miss- 
ing animals, the command moved rapidly on. At nightfall 
a halt was made to rest the animals and take refreshments, 
after which, abandoning all the beef cattle, the march was 
resumed, Hays still in the advance with Ben McCulloch as his 
companero. The skies became clear and the stars shone forth 
in the glory of a beautiful night. The route was only a cart 
road, narrow and bordered by dense chaparral. An hour 
before day our troops had surrounded the town and awaited 
the dawn, when it was found that not a Mexican soldier was 
in the place. One of the two scouts captured by Hays two 
days before had been allowed to escape, though badly 
wounded. His guard (Wm. Alsbury), overcome by fatigue, 
pillowing his head on the prisoner's body, fell into a sound 
slumber. The brave fellow, for such he evidently was, gently 
laid the head of his guard on a saddle and left. He reached 
Laredo in time to give the alarm, and the soldiers of the gar- 
rison crossed to the west side of the river. So when, a little 
after sunrise, the Texians entered the town, not a soldier was 
to be seen, but the streets were lined with the Dons and com- 
mon people of the place, doffing their hats and ejaculating — 
" Buenos dias cabelleros ! Nosotros son amigos de los Amer- 



238 HISTORY OF TEXAS. 

icanos!" (Good morning, gentlemen ! We are friends of 
the Americans!) Passing through the town the troops 
camped about a mile above on a sand-bar. Eight there the 
trouble began. The troops had nothing to eat and many 
of them were destitute of blankets. It was the 8th day of 
December and they had been en route from San Antonio 
since the 22nd of November. The men expected General 
Somervell to levy a requisition upon the town for food and 
some other necessary articles. It was done, but so feebly, 
that all did not get enough to eat for one day. Nearly all 
wanted to cross the river and seek a fight. Instead thereof 
they were countermarched to a point three miles below 
and there encamped on a high bluff. Next day a few of 
the men, illy supplied with clothing, and mad, went into 
the town and helped themselves to blankets, hats, etc., — 
perhaps in all not exceeding one thousand dollars in value ; 
but this was felt to be a stigma on the command, and the 
next day all the spoils were sent back into the town. A 
council of war was held. Most of the officers desired to 
cross the river, move rapidly down its western valley, inflict 
punishment whenever practicable, recross and return home 
before the enemy could concentrate a large force against them. 
This, General Somervell declined to do. Dissatisfaction and 
disgust ran high. On the afternoon of the second day, 
December 10th, they moved out southeast six or seven miles 
and encamped at a water hole in a small glade surrounded by 
a chaparral. This looked like a movement homeward and 
indignation ran high. Next morning Somervell paraded the 
men and said, all who desired to return home could honorably 
do so; but that he desired all who were willing to follow him 
down the river and that he would cross below and chastise 
the enemy who had so devastated our frontier. The result 
was, no one having much faith, that Col. Bennett and a few 
men yet following his lead with Captains Jerome B. and E. 
S. C. Kobertson, with their companies, in all about two 



HISTORY OF TEXAS. 239 

hundred men, returned home via San Patricio and Victoria. 
The remaining five hundred bore down the country, until they 
came to the mouth of the Salado river, at the Carrizo village, 
opposite and six miles from Guerrero. 

This was on the 14th of December, a clear but cold day. 
A crossing was speedily effected by means of flat boats found 
there. General Canales, with seven hundred rancheros, ap- 
peared on the neighboring hills but manifested no disposition 
to fight. The command camped that night in the abandoned 
Carrizo village, faring sumptuously on kid and mutton found 
there in abundance. The Alcalde of Guerrero, accompanied 
by a Frenchman who spoke English, appeared in camp. He 
tendered the surrender of the town but begged that the 
Texians would camp outside its limits, where he would furnish 
food, blankets, shoes and other things for which the troops 
were suffering. To all this General Somervell agreed, and 
in the afternoon of the 15th, he moved up and encamped 
on a hill-side, near the town, perfectly commanded by 
numerous surrounding hills. During the night there sprang 
up a cold northwest wind with a deluge of rain and every man 
throughout the night was thoroughly drenched to the skin, 
standing at daylight a shivering mass of humanity, suffering 
from cold and hunger. The cold wind from the mountains 
came down with great force. During the day a scanty supply 
of flour, a few refuse old blankets and a dozen or two pairs 
of shoes were sent to camp. Few of the men received enough 
to eat, and late in the day they were countermarched and 
recrossed the river. The whole command was sullen, indignant 
and mutinous. The 17th and 18th were spent in the same 
position, cattle being found to furnish meat for all. On the 
succeeding morning, December 19th, an order was read direct- 
ing all to prepare at once for a return home. This was the 
last feather on the camel's back. Three hundred men refused 
to obey. The other two hundred, sorely perplexed as to duty, 
resolved to obey the legal commander and return home. 



240 HISTORY OF TEXAS. 

Among those who thus returned were: Col. James R. Cook, 
Capt. Peter H. Bell; Judge Hemphill, Adjutant-General; 
Lieut. -Col. Howard, Major Murphree, and Capts. McNeel, 
Mitchell, Owen, Bogart and Simms ; Lieut. Thomas S. Lub- 
bock, Lieut. John P. Borden, Memucan Hunt, Mr. Lowery, 
Ed. Winfield, JohnH. Herndon, Lieut. Moses A. Bryan, Lieut. 
John Henry Brown, Edward Linn, Jonathan Scott, Beverly 
C. Greenwood, B. J. Gillespie, Oliver H. and Walter W. 
Stapp, Lieut. James Evetts, Capt. James A. Sylvester (who 
captured Santa Anna at the battle of San Jacinto), James H. 
Bell, Mordella S. Munson, John Sweeny, Guy Heard, Lewis 
B. Harris, Lazarus Cooke; besides Captain Flaco, the Li- 
pan chief, and an old deaf-mute of his tribe; the other 
Lipans, with the Apache, Luis, having already confiscated a 
herd of Mexican horses and returned home. Flaco with a 
Mexican and a man named Rivas, had with them thirty or 
forty horses procured in like manner. After the command 
arrived at San Antonio, while encamped in the vicinity, Rivas 
and the Mexican basely murdered Flaco and the mute and 
fled with the horses into eastern Texas and Louisiana. The 
confusion of the times forbade pursuit. This base and 
treacherous act caused a thrill of horror throughout the coun- 
try and converted the friendly Lipans into implacable enemies, 
causing them to remove across the Rio Grande, and sub- 
sequently leading to many murders on the western frontier. 
For half a century they have lived in greater or less hostility 
to the people of Texas; all being the result of this foul 
murder. 

BATTLE OF MIER. 

The three hundred men who refused to return with Somer- 
vell, reorganized into companies on the 19th of December, 
1842, under Captains Ewen Cameron, William M. Eastland, 
J. G. W. Pierson, Wm. N. Ryon, Claudius Buster, John R. 
Baker and C. K. Reese. Captain Wm. S. Fisher was 



HISTORY OF TEXAS. 241 

elected colonel-commanding and Thomas A. Murray was 
appointed adjutant. They marched four miles down the 
river the same day. (While all yielded to the election of 
Capt. Fisher, who had been much in Mexico, many would 
have preferred the chivalrous Scot, Captain Ewen Cameron, 
the "lion-hearted," who had been their leader in many 
Mexican and Indian forays.) 

On the 20th of December they took possession of some 
flat boats below Guerrero and descended the river, some 
passing down on the Texas bank riding or leading the horses, 
occupying three days in the descent. They encamped 
opposite the Mexican town of Mier. Col. Thomas J. Green 
commanded the boats. The small town of Mier lay in a 
curve of the Alcantra, a small rapid stream, with rugged 
bluff-banks. 

The following day, December 23d, they crossed the Rio 
Grande, and, meeting with no opposition, entered Mier, and 
separating, marched in columns through the streets into the 
main plaza, where they met a priest and the Alcalde, who 
surrendered the town unconditionally. They made formal 
requisitions upon the town for supplies, and taking the priest 
and Alcalde as hostages, they returned to the Texas side of 
the river, moved their camp to a place three miles from Mier, 
and there awaited the promised supplies. After waiting two 
days they learned that Ampudia was in Mier with two 
thousand Mexican soldiers. They resolved to cross and give 
him battle. 

Up to this time Capt. Hays, Ben and Henry E. McCulloch, 
Tom Green, C. C. Cady, Ephraim M. McLean, and perhaps 
one or two others who had declined returning with Somer- 
vell, yet failed to affiliate with the organization under Fisher, 
voluntarily performed scouting service for him. These men 
were the first or among the first, to enter Mier, but were not 
willing to remain there several days, in face of the fact that 
Ampudia had had plenty of time to collect, and was known 

16 



242 HISTORY OF TEXAS. 

to be at the head of a force overwhelmingly greater than that 
under Fisher, the latter without supplies and with a limited 
supply of ammunition. Hence, when Fisher took his second 
position on the Rio Grande to await supplies from Mier, they 
returned home. 

On the 25th of December (Christmas day ) Fisher crossed 
the river, leaving forty-two men as a camp-guard on the east 
bank, and marched with the Alcantra between them and 
Mier. The night was dark, and a cold drizzling rain was 
falling. 

To create a diversion from the ford where they wished 
to cross the creek, the Texians fired upon a picket guard two 
hundred yards to the left. It was found that the ford was 
guarded by a strong force of Mexican cavalry. In the dark- 
ness they groped their way down the bluff and effected a 
crossing so near a picket of twenty Mexicans as to create a 
mutual surprise. To their challenge " Quien vive? " (Who 
comes?) the Texians shouted " fire ! " and about one hundred 
rifles were fired upon them. There was no response. Nothing 
could be heard but the voice of Col. Ramirez (Mexican) 
vainly urging his men to charge. 

In making their way to the plaza where the cavalry was 
planted they gained an entrance into a street that opened 
upon it. From this they commenced a sudden, rapid fire 
which was promptly answered from the Mexican artillery, the 
Texians escaping the balls by retreating around the corners, 
forming and firing with deadly 'effect. They took possession 
of rows of houses, against which the artillery was turned, 
and wherever a breach was made, Texian rifles appeared. At 
daylight the Mexican artillery was three times manned and as 
often silenced. The last time sixteen of the seventeen artil- 
lerymen were killed. Fifty-five of a choice company of sixty 
were killed. The Texians lost one man killed (John E. 
Jones) and two wounded. The Mexicans charged upon one 
of the houses held by the Texians, when Col. Fisher and 



HISTORY OF TEXAS. 243 

twenty men suddenly threw themselves into the street and 
received their fire, returning it with such fury that the whole 
column turned and fled. Several Texians were wounded, 
Col. Fisher having the ball of his right thumb shot off. 

The Mexicans took possession of the flat tile roofs of the 
houses and, with their muskets, poured down the most dam- 
aging fire of the battle ; but so sure was the aim of the Texas 
riflemen, that whenever a Mexican showed his head, he was 
shot. Blood flowed from the tiled guttering and their dead 
lay in piles. Captain Cameron and his gallant company 
occupied a yard, outside the houses, surrounded by a stone 
wall, from which they kept up an effectual fire, but lost three 
men killed and seven wounded. 

On the night of the crossing in the darkness, Mr. Joseph 
Berry had his thigh broken by a fall, and a detail of seven men, 
including Dr. Sinnickson, was made to remain with him out- 
side of the town. They had watched the battle seventeen 
hours, when a troop of sixty Mexican cavalry dashed past the 
door. Their rifles were instantly brought to bear, killing the 
commander and ten men. In a short time a larger force of 
cavalry appeared with a cannon, when the Texians rushed 
from the house to make their way to the main body. Two 
succeeded; three, including Dr. Sinnickson, were taken 
prisoners, the remainder (including Berry) were killed. 

After a desertion of their cannon for six hours, the Mexi- 
cans, fearing to come in sight of the Texians, resorted to the 
lasso, dragging them off by main strength. Bugles, now 
sounding the charge, could be heard in various directions. 
About two o'clock p. m. of December 26th, Dr. Sinnickson 
(prisoner) came to Col. Fisher with a white flag and com- 
municated to him verbally proposals from Ampudia for the 
surrender of the Texians. This was followed by a private 
interview between the two officers, Ampudia and Fisher, who 
had formerly been on friendly terms during the Federal war 
in Mexico, in 1839-40. When Col. Fisher returned he 



244 HISTORY OF TEXAS. 

repeated Ampudia's proposals and pledges and assured the 
Texians that, from his own personal knowledge of that 
officer, they need have no doubt that these pledges would be 
faithfully kept. All who would surrender and give up their 
arms should be " treated with the consideration which is in 
accordance with the magnanimous Mexican nation," that they 
should not be sent to Mexico, but retained on the fron- 
tier until they could be exchanged, but if they did not sur- 
render no quarter should be given." Many of the Texian 
officers and men regarded themselves as conquerors, having 
fought eighteen hours nine times their own number with the 
loss of but twelve killed and having killed or wounded be- 
tween six and seven hundred Mexicans. Col. Fisher urged 
the consideration of the already great disparity of numbers, 
which he had been informed, would immediately be greatly 
increased ; the scarcity of ammunition ; of the impossibility 
of retreating with their twenty-three wounded companions, 
without great loss of life. He informed them that only five 
minutes were allowed to make their decision. If they chose 
to fight, however, he would remain with them, and they would 
sell their lives as dearly as possible. The surrender which 
followed was not by unanimous consent. A few (three men) 
at first, worn out with hunger and fatigue, stepped forward 
and laid down their arms ; then followed a few others ; a few 
who had been Santa Fe prisoners, and at last all stacked 
their faithful rifles and surrendered prisoners of war. The 
pledges of Ampudia, reduced to writing after the surrender, 
were redeemed by tying the men in pairs and marching them 
on foot to Matamoros where they arrived on the 9th of 
January, 1843, when they were marched through the 
streets in triumph, with music, banners and the ringing of 
bells, but some of the citizens, moved to pity, afterwards 
contributed clothing and money to supply their most pressing 
necessities. After starting a small party two days in advance, 
including Cols. Fisher, Green, and others, the prisoners left 



HISTORY OF TEXAS. 245 

Matamoros on foot, January 14th, under a guard of one 
hundred cavalry, under command of Col. Savriego, for Mon- 
terey. Six men and two boys remained in Matamoros. 
(One of these boys, whose father and brothers were also 
prisoners, was but thirteen years old. His name was John 
C. C. Hill. His fearless daring in action had attracted the 
attention of General Ampudia, who temporarily took him to 
his own headquarters and wrote Santa Anna of his chivalrous 
conduct in the action. Santa Anna summoned him to the 
city of Mexico. Arriving there and with his consent, on 
condition of the release of his father and brother, Santa 
Anna placed him as a student into La Minera (the college 
of Mines), where he continued some years as a member of 
the family of Gen. Tornel, finally graduating with distin- 
guished honors as a mining engineer, in which pursuit he 
has continued chiefly through the intervening years. 

Averaging eighteen or twenty miles a day, corraled at 
night in the open air, they reached Monterey on the 29th of 
January. Here they were made more comfortable and rested 
until the 2nd of February. Arriving at Saltillo they were 
joined by five of the prisoners taken from San Antonio by 
Gen. Woll in the previous September. Under command of 
Col. Barragan they left for San Luis Potosi, taking the 
haciendo of Salado on their way, which they reached Febru- 
ary 10th, 1843. 

On the morning of the 11th of February, at a preconcerted 
signal, led by Capt. Cameron, the prisoners rushed upon 
their guard, then eating breakfast, disarmed them and made 
their way into the courtyard, where they overcame one hun- 
dred and fifty infantry. Here they armed themselves and 
dashed for the gate, overcame the guard stationed there and 
scattered the cavalry on the outside, capturing their horses. 
They had four men killed, three of whom were to have been 
their guides through the mountains on their homeward march. 
They secured one hundred and seventy stand of arms and one 



246 HISTORY OF TEXAS. 

hundred horses. At ten o'clock a. m. they left. They 
traveled sixty-four miles the first twenty-four hours, on the 
Saltillo road. They next abandoned the road and sought 
escape through the mountains. On the night of the 13th in 
the darkness they became separated; and, during the five 
succeeding days, suffering from hunger, thirst and the cold 
air of the mountains, they wandered about searching for 
water. Their tongues were swollen and several became de- 
ranged. They killed some of their horses and ate the flesh. 
About noon on the 18th they discovered a smoke, the signal 
to be given if any of the stragglers found water. In eager 
expectation of quenching their thirst they went to the place 
and discovered the camp fires of a body of Mexican cavalry 
under command of General Mexia. Most of them, through 
exhaustion, had thrown away their arms and were in no con-, 
dition for resistance. They again surrendered and during the 
day, other stragglers came to the camp or were found and 
brought in by the soldiers. On the 19th Capt. Cameron came 
in with quite a number and surrendered. General Mexia 
treated them with great consideration, giving them food and 
water in such quantities as they could take in safety. Not- 
withstanding these precautions several drank too freely and 
died. On the 22nd of February they began their return 
march, on foot, to Salado, tied in pairs and closely guarded, 
picking up their companions in a perishing condition on the 
way. Some of the sick were allowed to ride on donkeys. 
They arrived at Saltillo on the first of March and on the 22nd 
left for the haciendo of Salado, one hundred and ten miles dis- 
tant, which they reached on Saturday the 25th about one p. m. 
Soon after their arrival' they were informed of a decree from 
Santa Anna, ordering them all to be shot; but that, yielding 
to remonstrances from Gen. Mexia and some of his officers, the 
sentence had been commuted to s ' diezmo " ( one in ten ) . Gen . 
Mexia tendered his resignation, refusing to officiate at so 
" cruel and unmartial " a ceremony. The villainous act was 



HISTORi OF TEXAS. 247 

performed under command of Colonel Juan de Dios Ortiz. 
The Texians were drawn up in line and an interpreter, Alfred* 
S. Thurmand, himself a prisoner, read the sentence. A subal- 
tern brought forward ajar containing one hundred and seventy 
beans, seventeen of which were black, the remainder white. 
The roll was called and each man, blindfolded, answered to 
his name by stepping forward and thrusting his hand into the 
jar held above his head. If he drew out a black bean it meant 
death. The doomed seventeen resolved to ** die like soldiers." 
Many tender messages were intrusted to those more fortunate ; 
fervent prayers and expressions of loyalty to Texas filled the 
half hour that closed the gloomy day. Their companions 
were separated from them, in an adjoining inclosure, from 
which they heard the order to '* fire " and the cries and groans 
of the dying. 

During the war following the annexation of Texas in 1846, 
Major, afterwards General Walter P. Lane of Texas, while on 
a scouting expedition towards San LuisPotosi, and from Mat- 
ehuala, made a detour across the mountains to the Haciendo 
of Salado, surprised and arrested the Mayor Domo, of whom he" 
made demand for the bones of the seventeen murdered men of 
Mier. Without delay they were exhumed (all having been 
thrown into one excavation), the bones placed in sacks and 
on mules which the startled chief gladly furnished; they were 
carried to General John E. Woll at Saltillo, then escorted by 
Captain Quisenbury, a Texian, with an escort to La Grange, 
Texas, and in the presence of thousands gathered on the rare 
and solemn occasion, were buried with the honors of war, on 
Monument Hill. Their names were as follows: 

James D. Cocke, Robert H. Dunham, James M. Ogden, 
William M. Eastland, Thomas L. Jones, J. M. Thompson, 
Henry Whaling, J. L. Cash, W. N. Cowan, C. Roberts, Ed- 
ward Esty, James Turnbull, R. H. Harris, Martin Carroll 
Wing, P. Mahoney, James Torrey. 

It must be borne in mind that on the morning of the day 



248 HISTORY OF TEXAS. 

the prisoners escaped from their guard, Col. Fisher, T. J. 
'Green, and a few others had been sent forward and took no 
part in that movement. The morning after the massacre, 
March 26th, tied in pairs, the prisoners started early on their 
march to the city of Mexico, passing the dead bodies of their 
comrades lying as they fell. Their commander, Juan Orteaga, 
a full-blooded Indian, showed them all the kindness in his 
power, when untrammeled by the presence of other officers. 
They were occasionally halted for a day to rest and the sick 
taken to hospitals. On the 23rd of April an additional guard 
met them from the City of Mexico. They brought an order 
from Santa Anna for the immediate execution of Captain 
Ewen Cameron. On the morning of the 25th he was untied 
from his companion (Alfred S. Thurmond), taken from his 
cell and received fifteen shots in his breast, which he bared, 
and died instantly. Captain Cameron was a native of Scot- 
land. He had been the loved and trusted leader of his band 
of rangers, for several years, they never fearing to follow 
where he led. He was the embodiment of the youthful idea 
of the old Scottish chiefs. 

The prisoners arrived in the city of Mexico on the 25th of 
April, four months from the day of their capture. Here they 
were furnished suits of clothing made of striped-blanketing 
and made to transport sand to the grounds of Santa Anna's 
palace in Tacubaya. They remained in the city of Mexico 
until March 12th, 1844, when they were taken to Perote, 
about one hundred and fifty miles distant on the route to 
Vera Cruz, where was the strongly built and fortified castle 
of San Carlos, beyond which on the same route, and under 
the mountains, was Mango Del Clavo, the princely estate of 
Santa Anna. 

The prisoners captured in and near San Antonio by General 
Woll in September, 1842, who had been confined in Mexi- 
can prisons with the Mier prisoners, numbered one hundred 
and twenty at this time in Perote. On the 16th of Septem- 



HISTORY OF TEXAS. 24$ 

ber, 1844, their number having been diminished by an occa- 
sional release or escape and fourteen deaths, the remaining 
one hundred and four were released by order of Santa Anna. 
It was said and generally credited that the death of Santa 
Anna's gentle and lovely wife, who had shown so much con- 
cern for the condition of the prisoners and had asked their 
release as a dying request, so softened his heart that he con- 
sented. 

FATE OF THE PRISONERS. 

Of the forty-two left on guard at the river forty-one escaped 
to reach home — 41. 

Major George W. Bonnell was captured and murdered. 

Escaped at the time of the surrender at Mier : Whitfield 
Chalk and Caleb St. Clair — 2. 

Left wounded at Mier and escaped : Robert Beale, John 
Videler, Lewis Hays, George W. Piland, Nathan Mollen, 
Wm. Rupley, Henry D. Weeks — 8. 

Escaped at the haciendo of Salado and reached Texas : John 
R. Alexander, John Blackburn, Rev. Thomas W. Cox and 
Wm. Oldham — 4. 

Escaped from Perote, July 2d, 1843: Daniel Drake Henry 
(subsequently surgeon in the United States navy) and Charles 
K. Reese — 2. 

Killed at Mier: James Austin, R. P. Bassett, Joseph 
Berry, — Dickson, Wm. H. Hannon, A. Jackson, John E. 
Jones, Dr. Isaac W. Towers, Calvin White, and Wm. Hop- 
son — 10. 

Died of wounds received at Mier : Lynn Bobo, Hanks Kuy- 
kendall, Stanley Locherman, Wm. J. Mclllrea, Alexander 
McKendall and James Urie — 6. 

Killed at the hacienda of Salado : Dr. Richard F. Brenham, 
Archibald Fitzgerald, John Higgerson, Patrick Lyons, Lorenzo 
Rice — 5 . 

Massacred at Salado, March 25th: L. L. Cash, James D. 



250 HISTORY OF TEXAS. 

Cocke, Robert Itolman Dunham, Captain Wm. M. Eastland, 
Robert Esty (brother of Mrs. President Burnet), Robert 
Harris, Thomas L. Jones, Patrick Mahan, James M. Ogden, 
Charles Roberts, Wm. Rowen, J. L. Shepherd, J. W. N. 
Thompson, James N. Torrey, — Turnbull,* Henry Whaling 
and Martin Carroll Wing — 17. 

Murdered at Huehuetoca, April 25th : Captain Ewen Cam- 
eron — 1. 

Perished in the mountains after the escape : Wm. H. Cady, 
A. J. Lewis, Wm. Mitchel, Perry Randolph and Sanford 
Rice — 5. 

Lost in the mountains : George Anderson, F. Bray (German 
musician), Jonathan Morehead, John Calvert and James B. 
Neely, recaptured on the Rio Grande and sent to Mexico — 5. 

Died in prison: Robert Beard, Wm. Beard, Samuel P« 
Bennett, John B. Blanton, W. B. C. Bryan, A. T. Burras, 
Thomas Colville, Robert M. Crawford, P. C. Grosjean (a 
French protege of James H. Lucas of St. Louis), Daniel A. 
Hallowell, Charles Hill, Allen Halderman, John Irvin, E. G. 
Kaughman, Wm. Martin, Benoni Middleton, Wm. Miller, first, 
Wm. Miller, second, Wm. Morris, Peter Rockfeller, — Mc- 
Dade, Samuel McLelland, John Owen, Elisha Porter, Carter 
Sargeant, Leonidas Saunders, John Shipman, Joseph Simons, 
Robert Smith, Patrick Usher, Wm. H. Van Horn, James S. 
White, Zacheus Wilson, O. R. Willis, J. P. Wyatt — 35. 

Released at different times: By request of General Waddy 
Thompson: George B. Crittenden, Wm. Reese, Dr. J. J. 
Sinnickson and Robert Waters — 4. By request of John 
Quincy Adams and Mahlon Dickerson, of New Jersey : Israel 
. Canfield — 1. By request of General Andrew Jackson: P. 
H. Lusk — 1. By request of the British Minister: Charles 
Clarke, Jerry Lehan, Adjutant Thomas A. Murray and Don- 
ald Smith — 4. By Santa Anna himself: Jeffrey Hill, his 
sons Asa C. Hill and John C. C. Hill (already mentioned), 
and Orlando Phelps — 4. Total, 14. 



HISTORY OF TEXAS. 251 

Escaped from the city of Mexico: Robert M. Crawford, 
Patrick Dougherty, John Fitzgerald, D. H. Gatis, John Mor- 
gan, Wni. Thompson, (Capt.) Samuel H. Walker and James 
C. Wilson — 8. 

LIST OF THE GUARD WHO ESCAPED FROM THE RIVER. 

From Buster's company: — Hackstaff, Wm. Hensley, 
— Hicks, Archibald C. Hyde, Major McQueen, Thomas Ran- 
som, Gabriel Smith, — Turner, — Van Harm, Dr. Watson 
and Warren Wilkerson — 11. 

Of Cameron's company: John Canty, — Donnall, — 
Earnest, Wm. Ward and A. J. Yates — 5. 

Of Eastland's company: George W. Alley, M. Ambrose, 
Theodore Bissell, Oliver Buckner, — Clark, W. S. Holton, 
Davis Hudson, Edward Marlow, and E. A. Vincent — 9. 

Ryon's company: Edward Brown, J. Buckhanan, Wm. E. 
Dresser, Ralph Gilpin, Moses Kuykendall, Z. Lucas, one not 
remembered — 7. 

Reese's company: Sidney Callender, F. Hancock, Virgil 
A. Phelps, George Walton, Thomas Warren, and Gilford 
West — 6. 

Pierson's company: Thomas Oldam, — Owens, George 
Smith, and George W. Bonnell — 4. Total, 42. 

LIST OF OTHER PRISONERS. 

Alfred Allee, Peter Ackerman, John R. Alexander, Alfred 
Mathew Alexander, W. A. Alexander, David Allen, George 
Anderson, Alexander Armstrong, James C. Armstrong, E. 
Arthur, James Barber, Daniel F. Barney, T. A. Barney, D. 
H. E. Beasley, Thomas W. Bell, Bate J. Berry, Samuel P. 
Bennett, Benjamin Boone, Ransom Boswell, B. F. Beauman, 
John Brennen, Henry Bridger, Gilbert R. Brush, James 
Burke, — Bush, Claudius Buster, Wm. T. Carter, T. J. 
Censeleau, George Wilson Clark, Charles Clark, Wm. 



252 HISTORY OF TEXAS. 

A. Compton, Thomas Coville, Willis Copeland, Campbell 
Davis, Daniel Davis, Wm. Davis, Thomas Davis, W. K. 
Davis, — Dickson, Freeman W. Douglas, N. G. Dowries, Wm. 
Dunbar, John Dusenbery, Leonidas D. T. Edwards, Wm. S. 
Fisher, Wm. H. Frensley, Fenton M. Gibson, Wm. Gibson, 
James A. Glasscock, Cyrus K. Gleason, Stephen M. Good- 
man, F. Grubs, — Hanna, Kobert Harris, F. W. T. Harri- 
son, John Harvey, Wm. H. Hasmore, Abin D. Heddenburg, 
Charles Hensley, John Hoffer, Frank Hughes, J. J. Hum- 
phries, Zed Isam, Edward B. Jackson, Jack Johnson, Wiley 
Jones, Henry Journey, Wm. Keigler, Edward Kean, Eichard 
Kean, R. B. King, John Lacey, A. J. Lewis, Wm. B. Lewis, 
George Lord, P. H. Lusk, Patrick Lyon, Samuel C. 
Lyon, T. B. Maltby, Alexander Mathews, P. M. Maxwell, 
Wm. B. Middleton, Wm. E. Millon, John Mills, Lawson 
Mills, William H. Moore, Wm. Moore, H. B. Morrell, Wm. 
Morris, Abram Mosier, Malcolm McCanley, J. B. Mc- 
Cutcheon, — McDade, Daniel McDonald, Samuel McFall, 
John McGinley, Charles McLaughlin, — McMath, James 
McMicken, John McMullen, Samuel McLelland, James B. 
Neely, H. Neely, Thomas Nelson, Harvey H. Oats, Wm. 
Oldham, James T. Peacock, John G. W. Pierson, Robert M. 
Pilley, E. H. Pitts, Lorenzo Rice, Francis Riley, A. J. Roark, 
H. H. Roberts, Mark Rodgers, Wm. Runyan, Wm. M. Ryon, 
John Sansbury, Wm. Sargent, Wm. Y. Scott, W. Harvey 
Sellers, Dr. Wm. M. Shepherd, John Shipman, Donald Smith, 
Ezekiel Smith, Joseph Smith, Robert Smith, 'Thomas S. Smith, 
Wm. P. Stapp, Daniel C. Sullivan, John Sweizy, John Tan- 
ney, Thomas Tatum, Thomas A. Thompson, Wm. Thompson, 
Alfred S. Thurmond, John Toops, George W. Trahern, Robert 
W. Turner, Wilson Vandyke, D. H. Van Vechten, Wm. A. 
A. Wallace, Robert G. Waters, Joseph D. Watkins, Francis 
White, James C. Wilson, Wm. F. Wilson, — Wilson, Levi 
Williams, E. B. W r right, Wm. Wynne, James Young and 
Isaac Zumwalt. 



HISTORY OF TEXAS. 253 



THE SAN ANTONIO COURT PRISONERS. 

Of these, Richard Barclay, John Dalrymple, John Forester, 
John Twohig (3), escaped from Perote, July 22, 1843. 

Judge Anderson Hutchinson, Wm. E. Jones and Samuel 
A. Maverick, released at the intercession of Gen. Waddy 
Thompson — 3. 

Released at the intercession of General Andrew Jackson: 
John M. Bradley — 1. 

Released by Santa Anna : Lawyer James W. Robinson and 
Samuel Norvell — 2. 

Escaped: Andrew Neill, George Van Ness, George Hatch, 
— Morgan — ■ 4. 

Finally released from Perote in 1844: Isaac Allen, D. J. 
Davis, Augustus Elley, John Young, D. C. Ogden, A. H. 
Alsbury, T. B. Beck, Edward Brown, James H. Brown, Wm. 
Bugg, Ludovick Colquhoun, Chauncey Johnson, Johnson 
Lehman, A. J. Leslie, A. H. Monell, J. C. Morgan, Francis 
McCay, Robert S. Neighbors, S. L. Nobles, John Perry, 
C. W. Peterson, M. L. B. Raper, George Schafler, John 
Smith, John L. Truehart, J. G. A. Goss — 26. 

Died in prison: Dr. Shields Booker, — Crews, John R. 
Cunningham, French Strother Gray, — Jackson, John Trap- 
nell, Trimble (called " Tecolote " )— 7. 

THE DAWSON PRISONERS. 

Died in prison: Norman B. Woods. 

Released with the Mier and Court prisoners: Nathaniel W. 
Faison, Nathaniel Herbert, M. Harrell, Edward Manton, 
Joseph C. Robinson, Joseph Shaw, Samuel C. Stone, Thomas 
Hancock, Simeon Glenn. 

The San Antonio, the Dawson and the Mier prisoners were 
finally imprisoned at Perote and discharged in a body, and 
hence a few of the names may be transposed. 



CHAPTER XXIV. 

Letter to Foreign Courts, October 15th, 1842 — Negotiations with Mexico. 

At this period many of the newspapers of the United States 
were bitter in their denunciations of the Texians, and foreign 
papers were copying their tone. To counteract this, in October, 
1842, President Houston instructed George W. Terrell, Attor- 
ney-General and acting Secretary of State, to prepare a com- 
munication to the foreign powers, including the United States, 
calling their attention to the nature of the warfare waged by 
Mexicans — " a nation of herdsmen " subsisting on their flocks 
and herds, against the Texians, a strictly agricultural people, 
whose labors were constantly interrupted and the peace and 
safety of their families menaced by marauding and stealthy 
incursions across the border; not by an invading army of 
Mexican soldiery in honorable warfare with the purpose of 
reconquering Texas, but by vagabonds and convicts, with a 
few officers to give authority to their movements, holding a 
few isolated places for a short time and then retreating. 
Their warfare had been characterized by brutalities and 
massacres disgraceful in character and at variance with the 
settled usages of civilized nations; while on the part of Texas 
all the usual observances of honorable warfare had been 
strictly adhered to. Texas had now maintained her inde- 
pendence for seven years and despite this incubus and hostile 
tribes of Indians to combat, which tended greatly to dis- 
courage immigration, all her material interests were advancing. 
Referring to the obligations which civilized nations have 
acknowledged, to regulate in a measure the mode of warfare 
which shall govern countries at war, it was earnestly hoped 
that the powers addressed would require Mexico to engage 
(254) 



HISTORY OF TEXAS. 255 

Texas in an honorable war of subjugation, acknowledge her 
independence, or declare a cessation of hostilities. 

This communication, bearing the impress of the ripe 
scholar, the enlightened statesman, and able advocate of those 
high principles of national honor recognized among Christian 
nations, was not without its early effect. It clearly portrayed 
the character of the struggles which Texas was making to 
maintain an honorable independence, her desire on the score 
of humanity to be at peace with Mexico, and her willingness, 
if need be, to meet Mexico and settle their differences by the 
arbitrament of the sword. Sir Kobert Peel, on the part of 
Great Britain, and Minister Guizot of France, became 
interested and the predicate was laid for the temporary peace 
which Texas subsequently enjoyed. 

Among the prisoners captured at San Antonio, September 
8th, 1842, was ex-Judge James W. Robinson, who was Lieu- 
tenant-Governor under the provisional administration of 
Governor Henry Smith. He had suffered himself to be used 
by the few leaders of the faction in the council, who essayed 
to depose Governor Smith and place in his stead Robinson. 
Robinson, in his confinement at Perote, yearned for personal 
liberty. To this end he opened a clandestine correspondence 
with Santa Anna, which was followed by a personal interview 
at Mango de Clavo, offering his services as a mediator to bring 
about a reconciliation between Mexico and Texas, by which 
Texas, restored as a State to the Mexican Union, was to enjoy 
special privileges. He proposed an armistice to allow the 
people time to consider the propositions, and that with Mexi- 
can commissioners and with one or two of his friends — pris- 
oners — whose views coincided with his own, they might 
return to Texas and submit the proposals to his people. 
Santa Anna forwarded Robinson's plans to Tornel, Minister 
of War, through whom he received authority, from the Sub- 
stitute President of Mexico, to treat with Robinson so far as 
it could be done without hazarding the honor of the Mexican 



256 HISTORY OF TEXAS. 

nation. His Excellency was not without the suspicion that 
it might be a plan for securing the liberty of Eobinson and 
his friends, but that could do no harm and the plan might 
succeed. 

Eobinson was released by Santa Anna, and, armed with 
propositions to this effect from the latter, arrived in Texas 
in February, 1843. He reported to President Houston and 
his mission soon became known. Although this was the 
darkest period (from 1836 to annexation) the propositions 
were received with universal opposition and, more than once, 
Robinson was threatened with personal indignities. While 
then taking steps through foreign mediation, to bring about 
amicable relations between Mexico and Texas as a republic, and 
while regarding the propositions as wholly inadmissible, Presi- 
dent Houston pursued that course which he deemed most 
practicable in furtherance of his own views in favor of the 
acknowledgment of Texian independence by Mexico. It was 
necessary that Santa Anna should be advised of the success of 
this scheme, and the President saw fit to require that the an- 
swer, though written by Robinson, should be dictated by 
himself, and to provide further against any clandestine corres- 
pondence which might result in further complications. 

We may imagine the penance under which Mr. Robinson 
wrote the following communication to Santa Anna at Presi- 
dent Houston's dictation. Far from enlightening his Excel- 
lency as to the questions at issue, that functionary was left 
under grave apprehension that Texas would choose to make 
her terms known accompanied by an invading army of suffi- 
cient force to insure their acceptance. The letter bears date 
April 10th, 1843, and is as follows: 

" When I arrived at Galveston, it was soon understood that 
I had important news from you to the people of Texas, and 
there was a great stir to see what it was. Knowing that it 
would meet your views, I published the substance of the 
propositions in the newspapers, accompanied by remarks 









HISTORY OF TEXAS. 257 

of my own, recommending them to the favorable considera- 
tion of the people of Texas. When I did this, I thought it 
would have a great effect at once, but it did not produce as 
much excitement as I expected. 

' 'From Galveston I proceeded to Houston and remained there 
some days, with the expectation that I would see some clear 
manifestation of the feelings of the people on the subject of 
the propositions. I have the honor to inclose to your Excel- 
lency the Houston Telegraph of the 5th of April, in which 
you will see among other items, the publication which I made 
over my own signature, and that I presented the propositions 
to the people in the most favorable light. I have also the 
honor of inclosing your Excellency a newspaper published at 
Washington (on the Brazos) by which you will perceive that 
I arrived there on the 6th instant, and laid your communica- 
tion before General Houston. The paper contains various 
items of interesting news, which I have marked for your Ex- 
cellency's attention. 

" On my way to Washington (on the Brazos) from Houston 
I passed through the most thickly settled and wealthy portions 
of the Brazos. The news of my arrival had spread with great 
rapidity, and, of course, there was much anxiety among the 
people. The first question usually asked was, " Are all the 
prisoners released?" On answering in the negative they 
asked me if I thought they would be released. I expressed 
the belief that your Excellency would release them if you had 
not already done so. The next inquiry was whether I had 
not brought terms proposing peace. To which I said, " I 
think so." They then asked me if your Excellency had pro- 
claimed an armistice between Texas and Mexico. I told them 
you had no't; but that I looked upon it as in effect so, until 
the wishes of the people could be known upon the subject of 
your propositions. I found the people much engaged in the 
cultivation of their farms, except those who are very anxious 
for an invasion of Mexico, and many who are in favor of an 

17 



258 . HISTORY OF TEXAS. 

invasion are improving their farms and planting their crops so 
as to be ready for any action the government of this country 
might think it necessary for this county to take. 

" When I laid your communication before General Houston, 
he read it, and asked me if I thought the translation correct. 
On my replying that I did he evinced no excitement, but 
observed that, since the commencement of the Eevolution in 
1835, the affairs of Texas and Mexico had become much more 
complicated than they had once been ; that, since then, Texas 
had been recognized by foreign powers as independent of all 
governments and had formed treaties; and, that for Texas to 
act independently of the consideration of those powers would, 
in his opinion, be treating them with disrespect. I endeavored 
to find out from him what course would be adopted, in refer- 
ence to your Excellency's proposition, but I could not ascer- 
tain what his purposes were, if he had any. 

" I find that your Excellency and myself were mistaken when 
we suspected that Texas was torn to pieces by factions. It is 
not so. The price of produce in the country is low ; money is 
scarce in the country and there is some discontent ; but that 
discontent I am assured does not arise from the acts of the 
government. There are some factious men in Texas, and they 
have some papers at their command. Those papers, however, 
are supported by the contributions of the factions or party 
that wishes to annoy the Executive. They are not encouraged 
by popular sentiment, but are used to create one, if possible, 
against the government. It will be impossible for them to 
succeed. The whole number of men, of any prominence of 
character, engaged in this opposition, would not exceed some 
thirty or thirty-five in the Republic. 

"I would most respectfully beg leave to submit to your 
Excellency, in gratitude for your kindness to me, a few sug- 
gestions, which your Excellency can take into your distin- 
guished consideration. 

" The first is, that if your Excellency had thought proper to 



HISTORY OF TEXAS. 259 

have released all the Texian prisoners and let them return to 
their homes, and declared an armistice of some months, until 
the people of Texas could have time to think of your propo- 
sitions, if the President had submitted them to their consider- 
ation and action, it would have had a good effect upon the 
people. They would then have been free from passion and 
excitement, but when almost every neighborhood has an 
acquaintance or friend a prisoner, the people cannot act on 
these subjects without much feeling; and there are many 
persons here ready to excite them in favor of a war beyond 
the Eio Grande. 

" The last Congress passed a law favorable to what war spirit 
there is in Texas ; and the President has authority to accept 
the services of forty thousand volunteers, which he would be 
authorized to land at any point on the coast of Texas, entirely 
beyond its settlements, and on the borders of the Rio Grande. 

" You will see from the papers, that General Rusk is raising 
a very large expedition to march across the Rio Grande ; but 
it is possible that it may be delayed awhile, although the 
preparations will go on. 

" If I were to judge from what 1 have heard since my return, 
and what I knew before I was taken prisoner at Bexar, I would 
think that Houston would prefer peace, if it could be had on 
terms he thought perfectly honorable to Texas. He has 
always been opposed to an irregular warfare between the two 
countries; but he has now succeeded in making peace with the 
Indians, and, as that will relieve the northwestern frontier 
of much embarrassment, it is possible he may unite all the 
influence he may have with those in favor of prosecuting the 
invasion of Mexico. If this should be the case, and Texas 
should apply all her energies to war, I think she would be 
easily able to raise from her own citizens an army of ten 
thousand men, besides volunteer immigrants, as they are 
called; and, that they would take care to land within one or 
two day's march* of the Mexican frontier. I will not be so 



260 HISTORY OF TEXAS. 

presumptuous as to advise your Excellency about anything ; 
but as things have changed since I communicated with your 
Excellency in relation to the affairs of Texas, I feel bound to 
inform you of such facts as result from my observation. 

" If your Excellency should wisia to send me any instruc- 
tions, or make any further communications, you can have them 
directed to the care of Major James H. Cocke, custom house, 
Galveston, who will forward them to me wherever I may be. 
I will endeavor so to manage as to get my dispatches to your 
Excellency through some safe channel. Your Excellency will 
be aware of the discretion with which I will have to act, from 
the character of the communications I have made in the 
papers." 

The propositions from Santa Anna were suffered to repose 
among the archives without official recognition or action. 

About this time, as a result of the diplomatic appeal of the 
President through Secretary George W. Terrell and the friendly 
offices of England and France, an armistice was entered into 
between Texas and Mexico on the 13th of June, 1843, sus- 
pending hostilities, to continue until either party should notify 
the other, through the representative of Great Britain to its 
government, of an intention to resume hostilities. 

On the 26th of September, Messrs. Samuel M. Williams 
and George W. Hockley were appointed by President Houston 
as commissioners to meet similar representatives from Mexico 
and endeavor to effect a general armistice, to continue pend- 
ing negotiations for permanent peace and the final adjustment 
of all difficulties between the two countries — the armistice not 
to be violated until after six months' notice, through the 
British embassy. The commissioners were also to agree that 
Texas would appoint two commissioners to meet in the city of 
Mexico, with power to negotiate for the adjustment of " all 
existing difficulties and the establishment of a permanent 
peace." 

The commissioners, Williams and Hockley, at Sabinas, in 



HISTORY OF TEXAS. 261 

Tamaulipas, met the Mexican commissioners, Landeras and 
Janneqni, on the 26th of October, 1843, but it was not till the 
18th of February, 1844, that the armistice was signed. It 
only recognized Texas as a " department of Mexico." That 
clause caused it to be rejected. President Houston caused it 
to be filed in the State department and took no further notice 
of it. 



CHAPTER XXV. 
OUR INDIAN AFFAIRS. 

The ^thrilling Mission of Commissioner Joseph C. Eldridgeto the wild tribes 
in 1843, by authority of President Houston — Hamilton P. Bee, Thomas 
Torrey — The three Delawares, Jim Shaw, John Connor and Jim Second 
Eye — The Treaty. 

Preceded by a partial treaty in the winter of 1842-3, begun 
at the mouth of the Bosque and concluded on Tehuacano 
Creek, seven miles southeast of Waco, a first step was taken 
by President Houston looking to a general treaty with the 
wild tribes, and leading to the establishment of Torrey's trad- 
ing house on that stream, which exerted a salutary influence 
among the Indians. 

General Sam Houston was then serving his second term as 
President of the Republic and the seat of government was 
temporarily at the town of Washington, on the Brazos. He 
had uniformly favored a peace policy towards the Indians, 
whenever it might become practicable to conclude a general 
treaty with the numerous wild and generally hostile tribes 
inhabiting all the western and northwestern territory of the 
Republic. On this policy the country was divided in opinion, 
and the question was often discussed with more or less bitter- 
ness. Nothing could be more natural, respecting a policy 
affecting so deeply the property and lives of the frontier 
people, who were so greatly exposed to the raids of the hos- 
tiles, and had little or no faith in their fidelity to treaty 
stipulations; while the President, realizing the sparsity of 
population and feebleness in resources of the government and 
the country, hoped to bring about a general cessation of hos- 
tilities, establish a line of demarkation between the whites 
(262) 



HISTORY OF TEXAS. 263 

and Indians, and by establishing along the same a line of 
trading houses, to promote friendly traffic, with occasional 
presents by the government, to control the wild men and 
preserve the lives of the people. 

It was a. policy in keeping with his high character as a wise 
and faithful guardian of the lives of the people. The lack of 
confidence by many in the fidelity of the tribes was no reason 
why the effort, so fraught with good, should not be made. 

At this time Joseph C. Eldridge, 1 a man of education, ex- 
perience, courage, and the highest order of integrity, was 
appointed by the President as commissioner of Indian affairs. 
About the same time a delegation from several of the smaller 
tribes visited the President, in order to have a talk. Among 
them were several Delawares, nearly civilized, and among 
them were persons who spoke not only our language, but all 
the tongues of the wild prairie tribes, some speaking one and 
some another tongue. It occurred to the president, after 
frequent interviews, that he could utilize these Delawares, or 
the three chief men among them, Jim Shaw, John Conner and 

1 Joseph C. Eldridge was a native of Connecticut, and of an ancient and 
honorable family. Of him General Bee writes : 

"He was an admirable character, brave, cool, determined in danger, 
faithful to public trusts and loving in his friendships. He did more than 
his duty on this trip. He served as paymaster in the United States navy 
from 184:6, and died the senior officer in that corps in 1881, at his home in 
Brooklyn, New York. His stern sense of duty was displayed on our way 
out when, north of Red River, we met and camped all night with a company 
of men under Captain S. P. Ross returning from the ill-fated Snively expe- 
dition. They urged us to return home, as the Indians on the plains were 
all hostile — our trip would be fruitless, and the hazards were too great for 
such a handful. Only Eldridge's courage and high sense of duty caused 
him to reject the advice and proceed; but pending our trial in the Comanche 
council we all regretted not having yielded to the warnings of Captain Ross. 
Captain Eldridge died of softening of the brain. He had a son, Houston 
Eldridge, named for the President after their temporary unpleasantness, a 
most promising young officer of the navy, who died not long after his 
father. John C. Eldridge, a cousin of Joseph C, also figured honorably in 
Texas for a number of years, and their names were sometimes confounded. 



264 HISTORY OF TEXAS. 

Jim Second Eye, as commissioners in inducing all the wild 
tribes to meet the President and peace commissioners, at a 
point to be designated, for the purpose of making a treaty. 
Subsequent events went to show that the Delawares had im- 
bibed that idea ; but President Houston finally decided to 
commission Captain Eldridge for that onerous and hazardous 
mission, to be accompanied by two or three white men of 
approved character, together with the Delawares and a few 
Indians of other tribes. Captain Eldridge eagerly applied to 
his young and bosom friend, Hamilton P. Bee, to accompany 
him. They had crossed the gulf together, on their first 
arrival in Texas in 1837 — Bee accompanying his mother from 
South Carolina to join his father, Colonel Barnard E. Bee, 
already in the service of Texas, and Eldridge coming from his 
native State, Connecticut. He selected also Thomas Torrey, 
already an Indian agent, and also a native of Connecticut. 

The preparations being completed, the party left Washing- 
ton late in March, 1843, and consisted of Joseph C. Eldridge, 
commissioner, Thomas Torrey, Indian agent, the three Dela- 
wares as guides and interpreters, several other Delawares as 
hunters, helpers and traders, Acoquash, the Waco head chief, 
who was one of those who had been to see the President, and 
Hamilton P. Bee. There may have been a few other Indians. 
They had a small caravan of pack mules to transport their 
provisions and presents for the Indians. They also had with 
them, for delivery to their own people, two Comanche children 
about twelve years old, one a girl named Maria (Ma-re-ah) 
and the other a boy who had taken the name of William 
Hockley, being two of the captives of the Council House 
fight, in San Antonio, on the 19th of March, 1840, elsewhere 
described in this work. They also had two young Waco 
women, previously taken as prisoners, but these were placed 
in charge of Acoquash. 

They passed up the valley of the Brazos, passing Fort 
Milam, near the present town of Marlin, around which were 



HISTORY OF TEXAS. 2G5 

the outside habitations of the white settlers. Further up on 
Tehuacano creek, six or seven miles southeast of the present city 
of Waco, they reached the newly established trading house of 
of the Torrey brothers, afterwards well-known as a resort for 
Indians and traders. Here they found a large party of Dela- 
ware s. 

The Delawares accompanying Eldridge also had mules 
freighted with goods for traffic with the wild tribes, and 
among other commodities, a goodly supply of that scourge 
of our race — whisky — doubtless intended for the Delawares 
found here, as expected by those with Eldridge, for at that 
time the wild tribes did not drink it. 

On the arrival of the commissioner all became bustle and 
activity. The liquor was soon tapped and a merry time 
inaugurated, but soon after dark every Indian surrendered his 
knife and fire-arms to the chiefs, by whom they were secreted. 
Then loose rein was given to unarmed warriors, and through- 
out the night pandemonium prevailed, accompanied by 
screams, hideous yells, fisticuffs, scratching, biting and all 
manner of unarmed personal combat, causing wakefulness 
and some degree of apprehension among the white men. 
But no one was killed or seriously injured, and in due time, 
sheer exhaustion was followed by quiet slumber, the red man 
showing the same maudlin beastliness when crazed by mean 
whisky as, alas, characterizes his white brother in like condi- 
tion. It required two days to recover from the frolic, and 
then Eldridge resumed his march into the wilds beyond. His 
instructions were to visit as many of the wild tribes as possi- 
ble and the head chief of the Comanches — to deliver to them 
the words of friendship from the Great Father, the President, 
and invite them all to attend a grand council to be held at 
Bird's Fort, on the north side of the main or west fork of the 
Trinity, commencing on the 10th of August, 1843, where they 
would meet duly accredited commissioners and the President 
in person to treat with them. This fort was about twenty- 



266 HISTORY OF TEXAS. 

two miles westerly from where Dallas was subsequently 
founded. 

At a point above the three forks of the Trinity, probably 
in Wise or Jack County, the expedition halted for a few days 
and sent out Delaware messengers to invite any tribes found 
in the surrounding country to visit them. Delegations from 
eleven small tribes responded by coming in, among them being 
Wacos, Anadarcos, Tow-e-ashes, Caddos, Keechis, Tehuaca- 
nos, Delawares, Bedais, Boluxies, Ionies, and one or two 
others, constituting a large assemblage, the deliberations of 
which were duly opened by the solemnities of embracing, 
smoking and a wordy interchange of civilities. Captain Eld- 
ridge appeared in full uniform, and Bee x performed the duties 
of secretary. The council opened by an address from the 
Delaware interpreter, and the whole day was consumed in a 
series of dialogues between them and the wild chiefs, Captain 
Eldridge getting no opportunity to speak, and when desiring 
to do so was told by the Delawares that it was not yet time, 
as they had not talked enough to the wild men. So, at night, 
the council adjourned till next day, when Eldridge delivered 
his talk, which was interpreted to the different tribes by the 
Delawares. Finally Eldridge said, " Tell them I am the 
mouth-piece of the President and speak his words." Two of 
the Delawares interpreted the sentence, but Jim Shaw refused, 
saying it was a lie. The other two conveyed the language to 

1 Hamilton P. Bee is a native of Charleston, South Corolina, favorably 
and intimately known to the writer for nearly half a century as an honor to 
his country in all that constitutes a true and patriotic citizen — a son of 
Hon. Barnard E. Bee, who early tendered his sword and services to strug- 
gling Texas, and a brother of General Barnard E. Bee, who fell at Manassas, 
the first general to yield his life to the Confederate cause. Hamilton P. 
Bee was secretary to the United States and Texas boundary commission in 
1839-40, secretary of the first State senate in 1846, a gallant soldier in the 
Mexican war; eight years a member of the legislature from the Rio Grande, 
and Speaker of the house in 1855-56; a brigadier-general in the Confederate 
army, losing a handsome estate by the war, and now, at three-score and ten, 
after so honorable and useful career, still vigorous in intellect. 



HISTORY OF TEXAS. 267 

all. The result was satisfactory, and the tribes present all 
agreed to attend the council at Bird's Fort. Returning to his 
tent, Captain Eldridge demanded of Shaw, who was the leader 
and more intelligent of the Delawares, the meaning of his 
strange conduct, to which he replied that the three Delawares 
considered themselves the commissioners, Eldridge being 
along only to write down whatever was done. He also charged 
that Eldridge had their commission, attested by seals and 
ribbons, with his baggage. This document being Eldridge's 
instructions as commissioner, was brought out, read and ex- 
plained by. Bee. Jim Shaw was greatly excited, and had evi- 
dently believed what he said ; but Eldridge bore himself with 
great composure and firmness. After the reading Jim Shaw 
said: " I beg your pardon, Joe, but I have been misled. I 
thought the Delawares were to make the treaties. We will go 
no farther, but go to our own country, on the Missouri river — 
will start to-morrow, and will never return to Texas/' Eld- 
ridge, alarmed at this unexpected phase of affairs, appealed to 
the trio to stay and guide him, as the President expected them 
to do; but they seemed inflexible. To proceed without them 
was madness, and in this dilemma Eldridge sent for Jose 
Maria, the noted chief of the Anadarcos, who had been so 
severely wounded in his victorious fight with the whites, in 
Bryant's defeat near Marlin, in January, 1839. He explained 
to him the facts just related, and asked him if he would escort 
him back into the settlements. Greatly pleased at such a mark 
of confidence — his keen black eyes giving full expression to 
his gratified pride — he promptly and solemnly promised to 
do so. 

On the next morning, while Eldridge was packing and 
mounting for his homeward march, surrounded by his prom- 
ised escort of one hundred Anadarco warriors, well mounted 
and armed with bows and lances, with Jose Maria at their 
head, Jim Shaw sent word to Captain Eldridge that he had 
changed his mind and would continue the trip. An interview 



268 HISTORY OF TEXAS. 

followed and a full understanding was entered into, acknowl- 
edging Captain Eldridge as the sole head of the expedition ; 
but after this the manner of the Delaware trio was formal and 
reserved, and their intercourse long confined to business 
matters. 

Continuing the march, they next reached the principal 
village of the Wacos, whither they had been preceded by 
Acoquash, with the two released Waco girls, who greeted 
them warmly. During their stay he was their guest, and 
most of the time had his family on hand. It was a little odd 
but his friendship was too valuable to be sacrificed on a ques- 
tion of etiquette. Here the Delawares announced that it 
would be necessary to send out messengers to find the 
Comanches ; but this would require fifteen days, during 
which time the trio, Shaw, Connor and Second Eye, would 
take the peltries they had on hand to Warren's trading house 
down on Red River, for deposit or sale, and return within the 
time named. During the delay, Eldridge camped three miles 
from the village, but was daily surrounded and more or less 
annoyed by the Wacos, men, women and children. The wife 
of Acoquash became violently ill, and he requested his white 
brothers to exert their skill as medicine men. Mr. Bee 
administered to her jalap and rhubarb, which fortunately 
for them, as will be seen later, speedily relieved and restored 
her to health. 

The runners returned on time with rather encouraging 
reports; but the essential trio, so indispensable to progress, 
were absent twenty-eight instead of fifteen days, causing a 
loss of precious time. 

Their next move was for Wichita village, at or near the 
present site of Fort Sill. They were kindly received by this 
war-like tribe, who had heard of their mission and promised 
to attend the council at Bird'.s Fort. 

They next bore westerly for the great prairies and plains in 
search of the Comanches, Acoquash and his wife being with 



HISTORY OF TEXAS. 269 

them. It was now in Jane and all their provisions were ex- 
hausted, reducing them to an entire dependence on wild meat, 
which, however, was abundant, and they soon found the 
tallow of the buffalo, quite unlike that of the cow, a good 
substitute for bread. They carried in abundance strings of 
cooked meat on their pack mules. 

After twenty days they found Indian signs in a plum 
thicket. They saw where Indians had been eating plums 
during the same day, and there they encamped. Pretty soon 
an Indian, splendidly mounted, approached, having a boy of 
six years before him. He proved to be blind — but a distin- 
guished chief of the Comanches — a man of remarkable phy- 
sique, over six feet in height , a model in proportions and his 
hair growing down over his face. He told the Delaware 
interpreter the locality in which they were, and that the town 
of Payhayuco, the great head chief of the Comanches, was 
only a few miles distant. 

As soon as the blind chief's boy — a beautiful child, hand- 
somely dressed in ornamented buckskin — gathered a supply of 
plums, they mounted and returned to their town, accompanied 
by a few of the Delawares. In the afternoon a delegation of 
the Comanches visited Eldridge and invited him and his party 
to visit their town. Promptly saddling up and, escorted 
by about 500 Comanche warriors, in about two hours ride, 
they entered the town of the great chief, Payhayuco, and for 
the first time beheld the pride and glory of the wild tribes. 
With considerable ceremony they were conducted to the tent 
of Payhayuco, who was absent, but the honors were done by 
the chief of his seven wives, who caused the best tent to be 
vacated and placed at the disposal of her white guests. It 
was hot summer weather, and such crowds of Comanches, of 
all ages and sexes, pressed in and around the tent that it 
became so suffocating as to necessitate the erection of their 
own tent, which was open at both ends. First getting the 
consent of their hostess, this was done. 



270 HISTORY OF TEXAS. 

Finding that the chief would be absent a week yet to come, 
and their business being with him, they could only patiently 
await his arrival. They were ceaseless curiosities to all the 
younger Comanches.who had never seen a white man, and who 
continued to crowd around and inspect them : rolling up their 
sleeves to show their white arms to the children, etc. While 
thus delayed the Comanches twice moved their town and our 
people were astonished at the regularity with which each new 
location was laid off into streets and the precision with which 
each family took its position in each new place. Mr. Bee 
accompanied the warriors on two or three buffalo hunts, and 
was surprised at their wonderful dexterity. 

Payhayuco arrived on the afternoon of August 8th (1843), 
and occupied the tent adjoining the whites. They were soon 
informally presented to him and courteously received, but no 
clue was obtained as to the state of his mind. At sunrise 
next morning (9th), about a hundred warriors met in council 
in a large tent, sitting on the ground in a series of circles 
diminishing from circumference to center, wherein Payhayuco 
sat. Eldridge and his white companions, not being invited, 
took brief glances at them and retired to their own tent, leav- 
ing the case with the Delawares, who attended the council. 
About ten a. m. a sort of committee from the council waited on 
them to say that a report had come from the Waco village,where 
they had tarried so long, charging that they were bad men 
and had given poison to the Wacos, and wanted to know what 
they had to say about it. This was supremely preposterous, 
but it was also gravely suggestive of danger. They repelled 
the charge and referred to the old Waco chief, Acoquash, 
then present, their companion on the whole voyage, and whose 
wife they had cured. What a hazard they had passed ! Had 
that poor squaw died instead of recovering under Bee's treat- 
ment, their fate would have been sealed. A Choctaw negro, 
who understood but little Comanche, told them the council was 
deliberating on their lives and talking savagely. They sent for 



HISTORY OF TEXAS. 271 

the Delawares and told them of this. The Delawares denied 
it, and re-assured them, but half an hour later their favorite 
Delaware hunter, the only one in whose friendship they fully 
confided, informed them that the Comanches were going to 
kill them. They were, of course, very much alarmed by this 
second warning, and, again summoning the trio, told Jim 
Shaw they were not children, but men,- and demanded to know 
the truth. Shaw replied that he had desired to conceal their 
peril from them as long as possible, and for that reason had 
told them a lie ; but in truth the council was clamorous and 
unanimous for their death; that all the chiefs who had a right 
to speak had done so, and all were against them ; that they 
(Shaw and Conner) had done all they could for them ; had 
told the council they would die with them, as they had prom- 
ised the White Father they would take care of them and never 
return without them ; and that Acoquash had been equally 
true to them. They added that old Payhayuco was yet to 
speak, but even should he take the opposite side they did not 
believe that he had influence enough to save their lives. 

I now quote the language of General Bee on this incident: 
"Next came into our tent, our dear old friend Acoquash, 
where we three white men were sitting, betraying the most 
intense feeling, shaking all over and great tears rolling from 
his eyes, and as best he could told us that we would soon be 
put to death. He said he had told them his father was once a 
great chief, the head of a nation who were lords of the prairie, 
but had always been the friend of the Comanches, who always 
listened to the councils of his father, for it was always good, 
and he had begged them to listen to him as their fathers had 
listened to his father, when he told them that we (Eldridge, 
Bee and Torrey), were messengers of peace ; that we had the 
"white flag," and that the vengeance of the Great Spirit 
would be turned against them if they killed such messengers; 
but he said it was of no avail. We had to die and he would 
die with us, for he loved us as his own children. Poor old 



272 HISTORY OF TEXAS. 

Indian. My heart yearns to him yet after the lapse of many 
years." * 

" Acoquash then returned to the council. Our friends, of 
course, agonized as brave men may who are to die as dogs, 
but they soon recovered composure and resolved on their 
course. Each had two pistols. When the party should come 
to take them out for death, each would kill an Indian with one, 
and then, to escape slow torture, empty the other into his own 
brain. From twelve till four o'clock not a word was spoken 
in that council. All sat in silence awaiting the voice of Pay- 
hayuco. At four o'clock his voice was heard, but no one 
reported to the doomed men. Then other voices were heard, 
and occasionally those of the Delawares. A little later con- 
fusion seemed to prevail, and many voices were heard. Bee 
said to Eldridge: " See the setting sun, old fellow. It is the 
last we shall ever see on earth." At the same instant ap- 
proaching footsteps were heard. Each of the three sprang to 
his feet, a pistol in each hand, when " dear old Acoquash" 
burst into the tent and threw himself into the arms of Eldridge. 
Bee and Torrey thought the old Spartan had come to redeem 
his pledge and die with them, but in a moment realized that 
his convulsive action was the fruit of uncontrollable joy. The 
next moment the Delawares rushed in exclaiming, " Saved! 
saved ! " 

" Oh, God, can I ever forget that moment," says General 
Bee, " To the earth from which we came, we fell as if we 
had been shot, communing with Him who reigns over all — a 
scene which might be portrayed on canvas, but not described. 
Prostrate on the earth lay the white man and the red man, 
creatures of a common brotherhood, typified and made evident 
that day in the wilderness ; not a word spoken ; each bowed to 
the earth, brothers in danger and brothers in the holy electric 
spark which caused each in his way to thank God for deliver- 
ance." 

1 Gen. Bee to his children. 



HISTORY OF TEXAS. 273 

After this ordeal had been passed, succeeded by a measure 
of almost heavenly repose, the interpreters, now fully recon- 
ciled to Eldridge, explained that after that solemn silence of 
four hours, Payhayuco had eloquently espoused the cause of 
mercy and the sanctity of the white flag borne by the messen- 
gers of peace. His appeal was, perhaps, as powerful and 
pathetic as ever fell from the lips of an untutored son of the 
forest. Upon conclusion, amid much contusion and the hum of 
excited voices, he took the vote per capita and was sustained 
by a small majority. The sun sank at the same moment, 
reflecting rays of joy upon the western horizon, causing among 
the saved a solemn and inexpressibly grateful sense of the 
majesty and benignity of the King of Kings — our Father in 
heaven. 

As darkness came the stentorian voice of Payhayuco was 
successively heard in the four quarters of the town, its tones 
denoting words of command. Our countrymen demanded of 
the interpreters to know what he was saying. The latter 
answered: " He is telling them you are under his protection 
and must not, at the peril of their lives, be hurt." A 
hundred warriors were then placed in a circle around the 
tent, and so remained till next morning. No Indian was 
allowed to enter the circle. 

When morning came they were invited to the council, when 
Captain Eldridge delivered the message of friendship from 
President Houston, and invited them to accompany him in 
and meet the council at Bird's Fort; but, this was a day after 
the date heretofore fixed for the assemblage, and a new day 
would be selected promptly on their arrival or sooner if run- 
ners were sent in advance. The presents were then dis- 
tributed and an answer awaited. 

On their arrival the little Comanche boy had been given up. 
He still remembered some of his mother tongue and at once 
relapsed into barbarism. But now Captain Eldridge tendered 
to the chief little Maria, a beautiful Indian child, neatly 

18 



274 HISTORY OF TEXAS. 

dressed, who knew no word but English. A scene followed 
which brought tears to the eyes of not only the white men, 
but also of the Delawares. The child seemed horrified, 
clung desperately and imploringly to Captain Eldridge, and 
screamed most piteously. It was simply heartrending. She 
was taken up by a huge warrior and borne away, uttering 
piercing cries of despair. For years afterwards she was oc- 
casionally heard of, still bearing the name of Maria and acting 
as interpreter at Indian councils. 

Succeeding this last scene they were informed that the 
council had refused to send delegates to the proposed meeting. 
Payhayuco favored the measure, but was overruled by the 
majority. Within an hour after this announcement the com- 
missioners mounted and started on their long journey home — 
fully five hundred miles through a trackless wilderness. 
Some exciting incidents occurring at the moment of their 
departure between a newly arrived party of Delaware trad- 
ers, having no connection with Eldridge, and a portion of the 
Comanches, in regard to a Choctaw negro prisoner bought 
from the Comanches by the traders are here omitted as of no 
especial importance. It was dreaded by the commission- 
ers as a new danger, but was settled without bloodshed 
by the payment of a larger ransom to the avaricious Co- 
manches. 

Without remarkable incident and in due time, Eldridge and 
party arrived again at the principal Wichita village (at or 
near the present Fort Sill) and were again kindly received. 
The day fixed for the treaty having passed, Eldridge knew the 
President would be disappointed and impatient; so, after con- 
sultation, it was agreed that Torrey, with Jim Shaw, John 
Conner and the other Indian attaches, still with them, should 
return on the route they had gone out, gather up the tribes 
first mentioned in this narrative, and conduct them to Bird's 
Fort, while Eldridge, Bee and their most trusted Delaware 
hunter, with Jim Second Eye as guide, would proceed directly 



HISTORY OF TEXAS. 275 

to the fort. Thus they separated, each party on its mission, 
and to Eldridge and Bee it was a perilous one. 

On the second day, at 3 p. m., they halted in a pretty 
grove, on a beautiful stream, to cook their last food, a little 
Wichita green corn. This enraged Second Eye, who seized 
the hunter's gun and galloped away, leaving them with only 
holster pistols. The Delaware hunter was a stranger in the 
country and could only communicate by signs. For three 
days he kept a bee line for Warren's trading house on Red 
Eiver, as safer than going directly to Bird's Fort, guided by 
the information he had casually picked up from his brothers 
on the trip, for neither of the white men knew the country. 
On the third day they entered the Cross Timbers where brush 
and briers retarded their progress, and camped near night on 
a pretty creek. The Delaware climbed a high tree and soon 
began joyful gesticulations. Descending he indicated that 
Eldridge should accompany him, leaving Bee in camp. He 
did so and they were gone two or three hours, but finally re- 
turned with a good supply of fresh cornbread, a grateful 
repast to men who -had been without an ounce of food for 
three days and nights. • The camp visited proved to be that of 
a party of men cutting hay for Fort Arbuckle, on the 
Washita, who cooked and gave them the bread and other 
provisions, with directions to find the trading house and the 
information that they could reach it next day. With full 
stomachs, they slept soundly, started early in the morning 
and about 2 p.m. rode up to Warren's trading house. The 
first man seen was Jim Second Eye, the treacherous scoundrel 
who had left them at the mercy of any straggling party of 
hostile or thieving savages. He hastened forward with ex- 
tended hand, exclaiming: " How are you, Joe? How are you ^ 
Ham? Glad to see you." 

The always courteous Eldridge, usually gentle and never 
given to profane language, sprang from his horse and show- 
ered upon him such a torrent of denunciatory expletives as to 



276 HISTORY OF TEXAS. 

exhaust himself; then recovering, presented himself and Mr. 
Bee to Mr. Warren, with an explanatory apology for his 
violent language — justified, as he thought, towards the base 
wretch to whom it was addressed. Quite a crowd of Indians 
and a few white men were present. Mr. Warren received 
and entertained them most kindly. They never more beheld 
Jim Second Eye. 

After a rest of two days, Eldridge and Bee, with their 
faithful Delaware, left for Bird's Fort, and, without special 
incident, arrived there, to be welcomed by the commissioners, 
Messrs. George W. Terrell and E. H. Tarrant, who had given 
them up as lost. The President had remained at the Fort for 
a month, when, greatly disappointed, he had left for the seat 
of government. 

Captain Eldridge, anxious to report to the President, tarried 
not at the fort, but with Bee, Callaway H. Patrick, (now 
of Dallas County), and the Delaware, continued on. On the 
way Mr. Bee was seized with chills and fever of violent type, 
insomuch that, at Fort Milam, Eldridge left him in charge of 
Mr. Patrick and hurried on. Mr. Bee finally reached the 
hospitable house of his friend, Colonel Josiah Crosby, seven 
miles above Washington, and there remained till in the winter 
before recovering his health. Captain Eldridge, after some 
delay, met and reported to the President, but was not received 
with the cordiality he thought due his services. Jim Shaw 
and John Conner had preceded him and misstated various 
matters to the prejudice of Eldridge, and, to the amazement of 
many who knew his great merit and his tried fidelity to Pres- 
ident Houston, he was dismissed from office. Very soon, 
however, the old hero became convinced of his error ; had 
Eldridge appointed Chief Clerk of the State Department 
under Anson Jones, and, immediately after annexation in 
1846, secured his appointment by President Polk as pay- 
master in the United States navy, a position he held till his 
death in his home in Brooklyn, New York, in 1881. Except- 



HISTORY OF TEXAS. 277 

ing only the incident referred to — deeply lamented by mutual 
friends — the friendship between him and President Houston, 
from their first acquaintance in 1837, remained steadfast 
while both lived. Indeed, Captain Eldridge subsequently 
named a son for him — his two sons being Charles and Hous- 
ton Eldridge. 

On the 29th of September, 1843, a few days after Eldridge 
and Bee left, a treaty was concluded by Messrs. Tarrant and 
Terrell with the following tribes, viz. : Tehuacanos, Keechis, 
Wacos, Caddos, Anadarcos, Ionics, Boluxies, Delawares, and 
thirty isolated Cherokees. The Wichitas and Tow-e-ashes were 
deterred from coming in by the lies of some of the Creeks. 
Estecayucatubba, principal chief of the Chicasaws, signed the 
treaty merely for its effect on the wild tribes. Leonard Will- 
iams and Luis Sanchez, of Nacogdoches, were present and 
aided in collecting the tribes, who failed to assemble on the 
10th of August, because of the non-return of Eldridge and his 
party. Boasting Ear, S. Lewis and McCulloch, Delaware 
chiefs, were present at the signing and rendered service in 
favor of the treaty. 

The most potent chief in the council to whom the wild 
tribes looked as a leader, was Kechikoroqua, the head of the 
Tehuacanos, who at first refused to treat with any one but 
the President, but finally yielded after understanding the 
powers of the commissioners. 

A line of demarkation was agreed upon between the whites 
and Indians, along which, at proper intervals, trading houses 
were to be established. Three points for such houses were 
selected, which indicate the general line chosen, viz. : one at 
the junction of the west and Clear Forks of the Trinity (now 
Fort Worth), one at the Comanche Peak, and one at the old 
San Saba mission. 

From undoubted data this narrative has been prepared, the 
first full account ever published of the most thrilling succes- 
sion of events in our Indian history. It reflects the highest 



278 HISTORY OF TEXAS. 

credit on the three courageous young men who assumed and 
triumphed over its hazards, though sadly followed by the 
death of the heroic and much loved Thomas S. Torrey. 1 

The seventh Congress met on the 14th of November, 1842 
(the exigencies of the times at the close of the call-session 
demanding an earlier meeting than the regular time — the 
first Monday in December), and adjourned on the 16th of 
January, 1843. 

Among the acts passed by this Congress was one pro- 
viding for the election of a major-general of militia (an office 
which the Executive had power to fill), whose duty it should 
be to organize for immediate service on the frontier, six com- 
panies. That officer should take the field in person if he 
should think it necessary, and command all troops, in his offi- 
cial capacity, and $50,000 were appropriated for this purpose. 
The President returned the bill with the objection that it made 
the military independent of the civil government. The act, 
however, was passed over the President's veto. The danger 
indicated by him was obviated by the election of Thomas J. 
Kusk to this office. 



1 The Torrey brothers, seven in number, and all from Ashford, Connec- 
ticut, deserve further mention. David K., born in 1815, came to Texas in 
1839, rendered important services in Indian matters and, on such a mission, 
was killed by the Mescaleros, near Presidio del Norte, Christmas Day, 1849. 
John F., born in 1817, came to Texas in 1838 — a merchant in Houston, in- 
terested in the Indian trade — later in woolen manufactures in New Braun- 
fels and now (in 1892) the only survivor, owns, and lives at Comanche Peak, 
in Hood County. Thomas S., born in 1819, came to Texas in 1840. He was 
a Santa Fe prisoner, released and joined John F. in the Indian trade, sent, 
as we have seen, by the President with Eldridge, and died at the treaty 
grounds (since known as Johnson's Station), September 28, 1843. James 
N., born 1821, came to Texas in 1841. As a Mier prisoner on the 25th of 
March, 1843, he drew a black bean and with sixteen others, was murdered 
under the order of Santa Anna. The remains of both James N. and Thomas 
S. repose on Monument Hill, La Grange, Texas. The brothers Judson, 
George B. and Abraham, all came to Texas and died at the threshold of 
manhood. The father came in 1858, lived fifteen years in New Braunfels 
and died in 1873, aged eighty-three years. 



HISTORY OF TEXAS, 



279 



They also provided for trading posts for the Indians, pro- 
hibiting the sale of liquor among them and it was made a 
capital crime for a white man to kill an Indian except in war 
or in self-defense ( which of coarse included defense of his 
family, etc. ). This Congress was in session at the time of the 
battle of Mier and adjourned just as the news of the surren- 
der of the Texians reached the country. 



CHAPTEK XXVI. 

THE LATER COLONIES IN TEXAS. 

Peters', Fisher and Miller's (the German colony), Castro's and Mercer's. 

With the declaration of Texian independence, March 2nd, 
1836, all prior colonial grants and contracts with Mexico or 
the State of Coahuila and Texas ceased. Really and practi- 
cally they ceased on the 13th of November, 1835, by a decree 
of the first revolutionary assembly, known as the Consulta- 
tion, which, as a preventive measure against frauds and 
villainy, wisely and honestly closed all land office business 
until a permanent government could be organized. Hence, 
as a historical fact, the colonial contracts of Stephen F. Austin, 
Austin and Williams, Sterling C. Robertson, Green De Witt, 
Martin De Leon, Power and Hewitson, and McMullen and 
McGloin ceased on the 13th of November, 1835. The con- 
cessions to David G. Burnet, Joseph Vehlein and Lorenzo de 
Zavala, previously transferred to a New York syndicate, 
known as the New York and Galveston Bay Company, of 
which Archibald Hotchkiss, of Nacogdoches, was made resi- 
dent agent, and which, in reality, accomplished little or noth- 
ing, also expired by the decree of the 13th of November, 
1835. 

The Republic was born March 2nd, 1836, and for the five 
succeeding years, until February 4th, 1841, the last year of 
Lamar's administration, there was no law authorizing colonial 
contracts . But on the last named day a law was passed author- 
izing the President, under conditions set forth, to enter into 
contracts for the colonization of wild lands in Northwest 
and Southwest Texas. That act was amended January 1st, 
1843. 

(280) 



HISTORY OF TEXAS. 281 

President Lamar entered into a contract for what became 
known as Peters' colony, in North Texas, August 30th, 1841, 
which was altered November 20, 1841, and by President Hous- 
ton, on the 26th of July, 1842, Houston having succeeded 
Lamar as President. Under this law, besides the Peters' 
colony, already granted, President Houston made grants to 
Henry F. Fisher and Burchard Miller, for what afterwards 
became known as the German colony, which did much to 
populate the beautiful mountain country drained by the 
Perdernales, Llano and San Saba rivers. 

About the same time a grant was made to Chas. Fenton 
Mercer for settling immigrants in the territory now embraced 
in and adjoining Kaufman County. It was but partially suc- 
cessful and many of the settlers located elsewhere. 

The contract with Fisher and Miller passed into the hands 
of what became known as the German immigration company, 
and covered the waters, in whole or in part, of the Perdenales,, 
Llano, San Saba and the lower Conchos. From 1844, to and 
including 1848, they introduced a large number of valuable 
and industrious immigrants into that mountainous section, 
previously without a habitation and open to the inroads of the 
wild tribes, from which, till after the close of the civil war in 
1865, they periodically suffered dire calamities, involving rob- 
beries, murders and captivities of their women and children. 
Landing at Indianola, as their permanent entrepot, they 
acquired a considerable tract of land on the Guadalupe, at the 
foot of the mountains, and founded the beautiful and after- 
wards flourishing town of New Braunfels, which became the 
base of their colonial operations. Some of the immigrants 
remained at Indianola and a few in Victoria, Gonzales and 
Seguin, and from time to time, quite a number settled in San 
Antonio, but a large number adhered to the colony proper, 
founding the towns of Fredericsburg, Boerne, Sisterdale, 
Comfort and other rural villages, and opening a large number 
of farms. Among them were a due proportion of professional 



282 HISTORY OF TEXAS. 

and educated men, supplemented by enterprising merchants, 
mill men and mechanics. Some noblemen were for a time 
interested in the enterprise, but did not long so continue, the 
annexation of Texas to the United States probably modifying 
their hopes of establishing institutions akin to those to which 
they had been accustomed. It was well, for it left in Texas an 
element suited to her condition, a brave, self-reliant, law- 
abiding and industrious yeomanry, the fruits of whose labors, 
after so many years of hardship and danger, are everywhere 
visible. 

Peters' colony, on its east line, ran from the mouth of Big 
Mineral creek, in Grayson County, due south, passing about 
ten miles east of Dallas, to a point in the eastern part of Ellis 
county, and thence west and north to Eed River, embracing a 
large district of the best lands in North Texas. Beginning in 
1842, it was rapidly settled chiefly by farmers, from Missouri, 
Illinois, Indiana, Kentucky, Tennessee and other States. It 
has developed in the fifty intervening years, despite bloody 
Indian wars, the civil war and the calamities following, into 
the wealthiest and most populous portion of the State, in which 
are comprehended the whole or large parts of the counties of 
Grayson, Collin, Dallas, Ellis, Johnson, Tarrant, Denton, 
Cooke, Montague, Wise, Parker and several others on the 
west. In this colony every head of a family received ahead- 
right of 640 acres and each single man 320 acres. The com- 
pany received its pay in premium-lands lying further west. 

On the 15th of January, 1842, Henry Castro entered into a 
contract with President Houston for settling a colony west of 
the Medina, to continue for five years, the eastern boundary 
being four miles west of the Medina and cutting him off from 
that beautiful stream ; but he bought from private parties the 
lands on it and thereby made the Medina his eastern bound- 
ary. At the same time President Houston appointed Mr. 
Castro Texian Consul-General to France. He was an edu- 
cated and accomplished Frenchman. Owing to the invasion 



HISTORY OF TEXAS. 283 

of Texii3 in 1842, and other obstacles, on the 25th of Decem- 
ber, 1844, after he had brought oyer seven hundred immi- 
grants, on seven different ships, chartered at his own cost, his 
contract was prolonged for three years from its original period 
of termination — a just and honorable concession by Texas to 
one of such approved zeal and energy. 

An interesting volume could be written descriptive of the 
efforts of Mr. Castro to settle his colony, then exposed to the 
attacks of bandit and guerilla Mexicans but a little to its west, 
and to all the hostile Indians north and west of his proposed 
settlement. He hurried to France and, besides his official and 
personal affairs, did great service in aiding General James 
Hamilton, the Texian Minister, in popularizing the cause of 
Texas in France. He encountered great obstacles, as the 
French government was using immense efforts to encourage 
migration to its colony in Algiers ; but on the 13th of Novem- 
ber, 1842, he dispatched the ship Ebro, from Harve, with 113 
immigrants, for Texas. Soon afterwards the ships Lyons, 
from Harve, and the Louis Philippe, from Dunkirk, with im- 
migrants, accompanied by the Abbe Menitrier, followed. These 
were followed from Antwerp on the 25th of October, 1843, by 
the ship, Jeane Key, and on May 4th by the Jeanette Marie. 
The seven ships named brought over seven hundred colonists. 
In all, in thirty-seven ships he introduced into Texas over five 
thousand immigrants, farmers, orchardists and vine-growers, 
chiefly from the Khenish provinces, an excellent class of in- 
dustrious, law-abiding people whose deeds*' do follow them ,! 
in the beautiful gardens, fields and homes in Medina and the 
contiguous counties on the west. 

On the 3d of September, 1844, after many delays, the 
heroic Castro, at the head of the first party to arrive on the 
ground, formally inaugurated his colony. A town was laid 
out on the west bank of the Medina, and by the unanimous 
vote of the colonists, named Castroville. It was a bold step. 
He confronted dangers unknown to the first American 



284 HISTORY OF TEXAS. 

colonists in 1822, for besides hostile savages, now accustomed 
to the use of fire-arms, it challenged inroads from the whole 
Eio Grande Mexican frontier, which, in 1822, furnished 
friends and not enemies to foreign settlements in Texas. It 
was doing what both Spanish and Mexican power had failed to 
do in 153 years (from 1692 to 1844) — since the first settle- 
ment at San Antonio. It was founding a permanent settle- 
ment of civilized, Christian men, between San Antonio and 
the Rio Grande, the settlements and towns on which, from 
Matamoros, Reynosa, Camargo, Mier, Guerrero, Laredo, 
Dolores, San Fernando, Santa Rosa, Presidio del Rio Grande, 
Presidio del Norte, bristled in hostility to Texas and its 
people. It was an achievement entitling the name of Henri 
de Castro to be enrolled among the most prominent pioneers 
of civilization in modern times. Yet the youth of to-day, 
joyously and peacefully galloping over the beautiful hills and 
valleys he rescued from savagery, are largely ignorant of his 
great services. 

Colonel John C. Hays, Colonel George T. Howard, John 
James, the surveyor, and among others, John M. Odin, the 
first Catholic Bishop of Texas, visited Castrovilie and bade 
Godspeed to the new settlers from La Belle France and the 
Rhine. Bishop Odin laid and blessed the corner-stone of the 
first house dedicated to the worship of God — a service ren- 
dered before the settlers had completed respectable huts to 
shelter their families. 

Mr. Castro, soon after inaugurating his colony, was com- 
pelled to revisit France. He delivered a parting farewell to 
his people. On the 25th of November, 1844, to the number 
of fifty-three heads-of-families they responded. Their address 
is before me. They say : " We take pleasure in acknowledg- 
ing that since the first of September — the date at which we 
signed the process verbal of taking possession — you have 
treated us like a liberal and kind father. * * * Our best 



HISTORY OF TEXAS. 285 

wishes accompany you on your voyage and we take this occa- 
sion to express to you our ardent desire to see you return 
soon among us, to continue to us your paternal protection." 
Signed by Leopold Mentrier, J. H. Burgeois, George Cupples, 
Jean Baptiste Lecompte, Joseph Weber, Michael Simon and 
forty-seven others. 

The Indians sorely perplexed these exposed people. In 
the rear of one of their first immigrating parties, the Indians, 
forty miles below San Antonio, attacked and burnt a wagon. 
The driver, an American, rifle in hand, reached a thicket, and 
killed several of them ; but they killed a boy of nineteen — a 
Frenchman — and cut off his head and nailed it to a tree. 
In the burnt wagon was a trunk containing a considerable 
amount of gold and silver. In the ashes the silver was found 
melted, the gold only blackened. This was one of the first 
parties following the advance settlers. 

In this enterprise Henry Castro expended of his personal 
means over one hundred and fifty thousand dollars. He fed 
his colonists for a year — furnished them milch cows, farming 
implements, seeds* medicines and whatever they needed. He 
was a father, dispensing blessings hitherto unknown in the 
colonization of Texas. He was a learned, wise and humane 
man, unappreciated by many, because he was modest and in 
nowise self-assertive and his tastes were literary. He was a 
devoted friend of Presidents Lamar, Houston and Jones, all 
of whom were his friends and did all in their power, each dur- 
ing his term, to advance his great and patriotic idea of plant- 
ing permanent civilization in Southwest Texas. He was a 
devout believer in the capacity of intelligent men for self-gov- 
ernment, and abhorred despotism as illustrated in the kingly 
governments of Europe. He believed, with Jefferson, in the 
God-given right of every association of men, whether in com- 
monwealth, nation or empire, to select their own officers, and, 
by chosen representatives, to make their own laws. Hence 



286 HISTORY OF TEXAS. 

he was, in every sense, a valuable accession to the infant 
Eepublic of Texas. 1 

1 When war raged and our ports were closed, Mr. Castro sought to visit 
the land of his birth, and, to that end, reached Monterey in Mexico. There 
he sickened and died, and there, at the base of the Sierra Madre, his remains 
repose ; but his memory has an abiding place in the bosom of every surviv- 
ing Texian who had the good fortune to know him and his labors in the 
cause of civilization. He is ably, honorably and faithfully represented in 
the person of his enlightened and gifted son, Mr. Lorenzo Castro, of San 
Antonio. 



CHAPTER XXVII. 

THE SNIVELY EXPEDITION AGAINST THE SANTA 
FE TKADERS IN 1843. 

The Snively expedition — Capt. Cooke, U. S. Army — Capt. Myers F. 
Jones — Joseph S. Pease of St. Louis. 

The year 1843 was one of the gloomiest, at least during its 
first half, ever experienced in Texas. The perfidious and bar- 
barous treatment given the Texian Santa Fe prisoners of 1841, 
after they had capitulated as prisoners of war, preceded by the 
treason of one of their number, William P. Lewis, had created 
throughout Texas a desire for retaliation. The expedition 
that surrendered to the overwhelming force of Armijo, the 
Governor of New Mexico, was both commercial and peaceful, 
but, of necessity, accompanied by a large armed escort to 
protect it against hostile Indians. The wisdom and the legality 
of the measure, authorized by President Lamar, on his own 
responsibility, were severely criticised by many; but Texas 
was a unit in indignation at the treacherous, dastardly and 
brutal treatment bestowed upon their brave and chivalrous 
citizens. 

The Mexican raids of 1842, ending with the glorious but un- 
successful battle of Mier, intensified the desire for retaliatory 
action toward Mexico and especially toward New Mexico. 

As a result of this feeling, on the 28th of January, 1843, 
Jacob Snively, who had held the staff rank of colonel in the 
Texian army, applied to the government for authority to raise 
men and proceed to the upper boundaries of Texas, and capture 
a rich train belonging to Armijo and other Santa Fe Mexicans. 
Permission was issued by George W. Hill, Secretary of War, 

(287) 



288 HISTORY OF TEXAS. 

on the 16th of February, with provisos that half the spoils 
should go to the government and should only be taken in 
honorable warfare. 

On the 24th of April, near the present town of Denison, 
the expedition, about 175 strong, was organized and Snively 
unanimously chosen as commander. A few others joined a 
day or two later, making a total of about 190. They followed 
the old Chihuahua trail west till assured of being west of the 
hundredth meridian, then bore north, passing along the west- 
ern base of the Wichita mountains, and on the 27th of May 
encamped on the southwest bank of the Arkansas. This was 
said to be about forty miles below the Missouri-Santa Fe 
crossing, but was only eight or ten miles from the road on the 
opposite side of the river. 

It was known before they started that a Mexican train of 
great value (for that day) would pass from Independence to 
Santa Fe, some time in the spring, and as the route for a long 
distance lay in Texas, it was considered legitimate prey. 

They soon learned from some men from Bent's Fort that 
six hundred Mexican troops were waiting above to escort the 
caravan from the American boundary to Santa Fe. Snively 
kept out scouts and sought to recruit his horses. His scouts 
inspected the camp of the enemy and found their number as 
reported, about six hundred. On the 20th of June a portion 
of the command had a fight with a detachment of the Mexi- 
cans, killing seventeen and capturing eighty prisoners, includ- 
ing eighteen wounded, without losing a man, and securing a 
fine supply of horses, saddles and arms. Snively held the 
prisoners in a camp with good water. On the 24th three 
hundred Indians suddenly appeared; but seeing Snively's 
position and strength, professed friendship. There was no 
confidence, however, in their profession, excepting so far as 
induced by a fear to attack. 

The long delay created great discontent and when scouts 
came in on the 28th and reported no discovery of the caravan, 



HISTORY OF TEXAS. 289 

a separation took place. Seventy of the men, selecting Captain 
Eli Chandler as their commander, started home on the 29th. 
Snively, furnishing his wounded prisoners with horses to 
ride and the others with a limited number of guns for defense 
against the Indians, and such provisions as he could spare, set 
the whole party at liberty. Whereupon he pitched another 
camp further up the river to await the caravan, perfectly con- 
fident that he was west of the hundredth meridian and (being 
on the southwest side of the Arkansas, the boundary line from 
that meridian to its source,) therefore in Texas. Subsequent 
surveys proved that he was right. By a captured Mexican he 
learned that the caravan was not far distant, escorted by one 
hundred and ninety-six United States dragoons, commanded 
by Captain Philip St. George Cooke. On June 30th they 
were discovered by the scouts and found to have also two 
pieces of artillery. Cooke soon appeared, crossed the river, 
despite the protest of Snively that he was on Texas soil, and 
planted his guns so as to rake the camp. He demanded uncon- 
ditional surrender and there was no other alternative. Cooke 
allowed them to retain ten guns for the one hundred and seven 
men present, compelled to travel at least four hundred miles 
through a hostile Indian country, without a human habitation, 
but their situation was not so desperate as he intended, for a 
majority of the men, before it was too late, buried their rifles 
and double-barrel shot guns in the sand-mounds, and meekly 
surrendered to Cooke the short escopetas they had captured 
from the Mexicans. Cooke recrossed the river. He awakened 
to a partial realization of his harsh and unfeeling act, and sent 
a message to Snively that he would escort as many of his*men 
as would accept the invitation, into Independence, Missouri. 
About forty-two of the men went, among whom were Captain 
Myers F. Jones, of Fayette County, his nephew, John Rice 
Jones, Jr., and others whose names cannot be recalled. With 
Cooke, on a health seeking trip, was Joseph S. Pease, a noted 
hardware merchant of St. Louis, who bitterly denounced 

19 



290 HISTORY OF TEXAS. 

Cooke and defended the cause of the Texians on reaching 
St. Louis. 

Colonel Snively hastily dispatched a courier advising Cap- 
tain Chandler of these events and asking him to halt. He 
did so and on the 2d of July the two parties re-united. On 
the 4th the Indians stampeded sixty of their horses, but in 
the fight lost twelve warriors, while one Texian was killed 
and one wounded. 

On the 6th scouts reported that the caravan had crossed 
the Arkansas. Some wanted to pursue and attack it — others 
opposed. Sniveley resigned on the 9th. Sixty-five men 
selected Charles A. Warfield as leader (not the Charles A. 
Warfield afterwards representative of Hunt County, and more 
recently of California, but another man of the same name 
who, it is believed, died before the civil war). Colonel Snive- 
ley adhered to this party. They pursued the caravan till the 
13th, when they found the Mexican escort to be too strong, 
abandoned the enterprise and started home. Warfield re- 
signed and Snively was re-elected. On the 20th they were 
assaulted by a band of Indians but repulsed them, and after 
the usual privations of such a trip in midsummer, they 
arrived on the west fork of the Trinity (since known as 
Johnson's station), pending the efforts to negotiate a treaty 
at that place, as elsewhere set forth in this work. Chandler 
and party had already gotten in. 1 

When this news reached St. Louis, the press of the country 
went wild in bitter denunciation of the Texians as robbers and 
pirates. The Republican, alone of the St. Louis press, 
seemed willing to hear both sides. Captain Myers F. Jones 
and party published a short defensive card, supplemented by 
a friendly one from Mr. Joseph S. Pease. The author of this 
work had just returned and, happening to be in St. Louis, 



1 Among others in this expedition were Hugh F. Young, Hon. Stewart 
A. Miller and Robert A. Terrell, founder of the town of that name. 



HISTORY OF TEXAS. 291 

could not submit in silence, and published in the Republican 
a complete recapitulation of the outrages, robberies and mur- 
ders committed in 1841 and 1842 by the Mexicans upon the 
people of Texas, and closed with a denunciation of the conduct 
of Captain Philip St. George Cooke. 

The effect was salutary and caused a revulsion in the public 
mind, that resulted in Prentice, of the Louisville Journal, and 
other journalists, warmly espousing the cause of the Texians. 

It should be added that Colonel Snively was an exceedingly 
conservative and honorable man, who afterwards died in 
Arizona, while a citizen of California. 



CHAPTEE XXVIII. 

President Houston's Secret Message to Congress, Washington, January 
20th, 1844 — Annexation — New Colonial Enterprises. 

January 20, 1844, President Houston sent a secret message 
to Congress in session at Washington on the Brazos, relative 
to annexation, from which the following is an extract. 

" Connected with our present condition, our foreign relations 
are becoming daily more and more interesting, and it seems 
to me that the representatives of the people should anticipate 
the events which may in all probability occur. 

" To suppose that both branches of the Honorable Congress 
were not aware of the important and absorbing questions 
which it is believed will agitate the Congress of the United 
States connected with the fate of this country, would be to 
doubt their intelligence. The Executive therefore relies upon 
the deliberative wisdom and decision of the representatives 
of the people to give him all the aid in their power to conduct 
the affairs of Texas to such an issue as will be promotive of 
its interests as a community and, at the same time, gratifying 
to the people. Heretofore he has carefully abstained, during 
his present administration, from the expression of any opinion 
in reference to the subject of annexation to the United States, 
and in submitting this communication, he does not think it 
becoming in him now to express any preference. It will be 
perceived by the Honorable Congress that if any effort were 
made on the part of this government to effect the object of 
annexation, which is so desirable, and it should fail in meet- 
ing responsive and corresponding action on the part of the 
United States, it might have a seriously prejudicial influence 
(292) 



HISTORY OF TEXAS. 293 

upon the course which England and France might otherwise 
be disposed to take in our favor, and a failure on our part 
after a decided expression could not but be mortifying to us 
and to a great extent, diminish our claims to the confidence of 
other nations. It would create distrust on their part towards 
us, because the opponents of our interests would allege that 
there was no stability in our purposes and therefore unsafe 
in other nations to cultivate any intimate relations with us, 
or even to maintain those which now so fortunately exist. 
They might apprehend that, after the lapse of a few more 
years, Texas, having acquired increased importance from their 
friendly aid and good offices, would be induced again to the 
agitation of the same question in the United States, to apply 
for admission into the Union, and, that by possibility it might 
be effected. Hence the utmost caution and secrecy on our 
part as to the true motives of our policy should be carefully 
observed. 

" Were the interest now manifested both in the United States 
and Texas in relation to annexation to pass off without produc- 
ing any material change in our national attitude, another object 
of but secondary importance might be achieved. It appears 
to the Executive that the relations which the United States 
bear to this country, and its important position in the Gulf, 
would not disincline them to a treaty of alliance with us, de- 
fensive, if not offensive. If nothing else were effected than 
a treaty for defense, it would secure to Texas a position that 
would bid defiance to our Mexican enemy. It would be as 
important to us, in fact, as the recognition of our independence 
by Mexico. 

" These measures seem to the judgment of the Executive to 
be vitally connected with the glory, the well-being, and the sta- 
bility of the nation, and, had he under this conviction not 
communicated the same to Congress, he should have felt him- 
self delinquent in the discharge of an important duty. If they 
are favorably received by the Honorable Congress, and their 



294 HISTORY OF TEXAS. 

effectuation desired, it may be necessary for this purpose, if 
circumstances daily arising should justify this course, to dis- 
patch an additional agent to the government of the United 
States to co-operate with our agent now there ; and, in that 
event, an appropriation of five thousand dollars would be 
requisite to meet the necessary expenses. This recommenda- 
tion does not arise from any distrust of the ability and capac- 
ity of Mr. Van Zandt, our present charge d'affaires. His 
industry and capacity are evinced by his correspondence with 
this government ; but the additional weight a coadjutor would 
give to our character at that court, and the multiplications of 
facilities for success by the aid which they could mutually 
render each other, from increased opportunities for intelli- 
gence and in collecting and comparing information, would 
doubtless be of the highest importance. 

" If the Honorable Congress should think well of these sug- 
gestions they will be aware of the propriety of immediate ac- 
tion upon the subject. The Congress of the United States has 
now been in session some time, and there can be but little 
doubt that, if they have not already done so, they will soon 
indicate their disposition and course of policy towards this 
country. 

" Believing, as the Executive did, at the commencement of 
the present session, that the subject of annexation was in 
the best position in which Texas could place it, he did not 
allude to it in his general message, apprehending that any 
public action taken, either by the Executive or the Congress, 
would only have a tendency to embarrass the subject. Action 
must now be taken by the United States, and we must now 
watch and meet their disposition towards us. If we evince 
too much anxiety, it will be regarded as importunity, and the 
voice of supplication seldom commands in such cases great 
respect. 

" The Executive hopes that these injunctions, under which 
this communication is made, may be so regarded by the Con- 



HISTORY OF TEXAS. 295 

gress, as to prevent the possibility of its publication, until the 
measures sought may be accomplished, or the negotiations 
terminated." 

In response to this, James Pinkney Henderson was sent 
to the United States as minister to co-operate with Mr. Van 
Zandt. 

THE EAST TEXAS FEUD. 

In the early settlement of that portion of Eastern Texas 
now comprehended in the counties of Harrison, Panola and 
Shelby, there was until the year 1840, an undefined boundary 
between Texas and Louisiana. 

The country involved a width of several miles, many claim- 
ing allegiance to the one country or the other as suited their 
personal wishes ; the result was, most naturally, that it be- 
came a refuge for lawless men. While there was a fair per 
cent of reputable citizens in the country, there were also many 
who preferred to live by illicit means. Among other dishon- 
est schemes practiced in the country were the forgery and sale 
of land certificates, the circulation of counterfeit money and 
other kindred crimes. In due time feuds arose, involving 
personal difficulties and violence. This led to the organiza- 
tion of a body of self-styled " Eegulators," and this in turn 
led to a counter organization which assumed the designation 
of " Moderators.' Affrays and murders became frequent, 
and early in 1844 armed bodies of men numbering from 150 
to 200 each, stood in array against each other. President 
Houston realized that a crisis was upon the country. He 
issued a proclamation addressed to the malcontents, at the 
same time ordering General James Smith to raise a body of 
several hundred militia and proceed to the scene of the diffi- 
culties. This was speedily done and President Houston 
arrived on the scene about the same time. He called a con- 
vocation of the leading men on both sides and addressed them 
with great earnestness. He told them that the laws must and 



296 HISTORY OF TEXAS. 

should be enforced; that the taking of human life must be 
stopped, and peace be restored to the country. That all this 
he wished to accomplish without shedding a drop of the blood 
of his countrymen; but, in the last alternative, added, that 
these objects must be accomplished cost what they may. He 
appealed to the leaders on both sides to cast their arms aside 
and become peaceful citizens. His appeal had the desired 
effect. Both sides agreed to follow his advice and obey the 
laws. The President and militia returned to their homes. 

Thus ended the so-called " War of the Regulators and 
Moderators." The best men of each party were elected to 
fill the various offices and to represent the country in the 
Texas Congress. It is but truth to state that there were many 
lawless men in that country, but they speedily disappeared, 
order was restored and the average population of that section 
for nearly half a century, has compared favorably with other 
portions of Texas. 

NEGOTIATIONS. 

Under the administration of John Quincy Adams, the 
United States proposed the purchase of Texas from Mexico. 
This was refused. The same was repeated two years later. 
It was a favorite project of Henry Clay. Other high digni- 
taries of the United States had never abandoned the claims to 
Texas as part of the purchase of Louisiana from France. 
Andrew Jackson was of the number, and, though from 
motives of policy, he refrained from the advocacy of annexa- 
tion at the first, he watched the ebb and flow of the tide set- 
ting towards its accomplishment, with intense interest. The 
opposition to annexation was a whig policy and carried to a 
degree of acrimony that would have condemned the Texians 
as brigands and outlaws, who would sooner, or later scatter 
and leave the country in a worse condition than at the begin- 
ning. The question had many complications - 1 Great Britain 

1 Almonte, then Mexican minister to the United States, expressed the 



HISTORY OF TEXAS. 297 

opposed annexation, hoping through Texas to secure the 
earlier payment of her claims against Mexico — to increase 
monarchial territory on this side of the ocean ; to add to her 
own commercial advantages through the Gulf of Mexico; and, 
it was suspected, to diminish slave territory. The communi- 
cations between Great Britain and Texas were frequent and 
conducted with secrecy. It was only to be observed that the 
" Scylla,'* a British vessel, made frequent trips between Vera 
Cruz and Galveston, and carried as a passenger a British 
Embassador in the person of Captain Charles Elliot, of the 
British navy, whose mission could only be understood as 
bearing directly upon the question most nearly affecting 
the interests of Texas, and known in the United States to be 
prejudicial to annexation. 

The labors of the ministers of Texas at Washington were 
confined chiefly to personal interviews with individual senators, 
and their views urged with caution, as no step must be taken 
that would be humiliating to Texas, or, by becoming public, 
would prejudice her (at least pleasant) relations with Great 
Britain. 

On the 6th of July, 1843, the question of annexation was 
ordered suspended by the Texian government ; at the same 
time the friends of the measure in the United States were 
urging it upon all occasions. It was declared to be the 
great measure of Tyler's administration, and on the 18th of 
September, 1843, Mr. Van Zandt was advised to make this 
known to his government in order that her ministers might 
have power to treat with the United States at the proper 
time. ♦ 

On the 16th of October, Mr. Upshur, having made a 
formal proposition for a treaty of annexation, Mr. Van Zandt 
transmitted the same to the government of Texas. Texas did 

belief that Texas was so torn by disssentions her subjugation by Mexico 
would be easily accomplished. 



298 HISTORY OF TEXAS. 

not receive the proposition with the eagerness which had 
evidently been expected. Various considerations engaged the 
mind of the Executive. The Mier prisoners had not been 
released, and it was feared their lives would be imperiled. 
It would alienate Great Britain and France and, in the possible 
contingency of its rejection in the Senate, Texas would be left 
without a friend. The President was determined to act with 
extreme caution. It was known that a secret correspondence 
was conducted between President Houston and his ministers, 
and on the occasion of a special messenger being dispatched 
to the United States, of whose mission Congress had not 
been informed, in their indignation they passed a resolu- 
tion demanding a return of the messenger until his errand 
should be made known to Congress. The President refused 
to comply, explaining the necessity of secrecy. He, however, 
consented for the Speaker and committee on foreign relations 
to call at the State department and inform themselves. It was 
a period of intense anxiety. The President was especially 
determined to hazard nothing like defeat and only responded 
favorably, after assurances from Andrew Jackson, that it 
would pass the Senate by a vote of thirty-nine senators 
(thirty-five being the requisite two-thirds), and from other 
sources that there could be no possible doubt of the bill pass- 
ing the Senate. And in addition an armed force was pledged 
by the President of the United States for the protection of 
Texas against Mexico. It was urged by the sanguine friends 
of the measure that a treaty of annexation should be made 
immediately and signed before it was submitted to the Senate 
for ratification. 

On the 5th of December, President Tyler in his message to 
Congress, after dismissing the idle threat of Mexico of war as 
the result of annexation, virtually declared in its favor. 

On the 12th of April, 1844, a treaty of annexation was 
signed by Messrs. Van Zandt and Henderson on the part of 
Texas, and John C. Calhoun, successor of Mr. Upshur (who 



HISTORY OF TEXAS. 299 

was killed by the explosion of a gun on the steamer Prince- 
ton), and sent by Mr. Tyler to the Senate for ratification. 

The annexation of Texas had become an exceedingly popu- 
lar measure of the Democratic party in the United States, and 
not more so for general reasons than for jealousy of Great 
Britain and France*, foreseeing what complications might 
ensue to her maritime commerce on the Gulf, with Great 
Britain as the " Protector" of Texas. An election for 
President of the United States was pending and Henry Clay 
(whig) was the popular candidate of his party. He had 
committed himself against annexation in an open letter on 
the 12th of April. The nominating convention for the whigs 
was held in Baltimore and on the- first day of May Mr. Clay 
received the nomination. The question of annexation was 
discussed in the convention and the Texians were roughly 
handled. They were styled a nation of vagabonds, adven- 
turers, cut-throats, etc., and not worthy to occupy a place 
among the States of the Union, and not a voice was raised in 
their defense. This greatly aroused the interests of the 
friends of annexation, and the nomination of the Democratic 
candidate was anticipated with anxiety. This convention met 
on the 27th of May, and Mr. Van Buren, the idol of his 
party, was the candidate for nomination. When the ques- 
tion of annexation was put to him he declared against it, and 
the strength of the friends of the measure was sufficient to 
cast Mr. Van Buren aside and put in nomination a candidate 
for President, James K. Polk of Tennessee, and for Vice- 
President George M. Dallas of Pennsylvania, both known to 
be in favor of annexation. 

When the revival of the subject of annexation was made 
public — as it was by President Tyler's message to Congress — 
Mr. Elliot, the British envoy, expressed the greatest surprise 
and demanded an explanation of Texas. This was given 
in the facts that the " armistice " was a failure — the terms 
not having been kept by Mexico — in releasing the Mier 



300 HISTORY OF TEXAS. 

prisoners — and, as the British minister to that country had 
retired, Texas had no authorized medium of communication 
with Mexico, and Great Britain had furnished Texas no pro- 
tection against an invasion, of which Texas stood in pressing 
need, as Mexico had, in her indignation, declared the cessation 
of hostilities at an end, and that an invading army would be 
marched, without unnecessary delay, for the complete sub- 
jugation of the country. The re-opening of the question, 
moreover, had not been of her seeking, but the overtures had 
come from the United States, and had only been cautiously 
met. 

Provoked by the continued discourtesy in Santa Anna's 
unofficial communications to the " Texas people," President 
Houston addressed him the following letter : 

Executive Department, Washington, 

July 29, 1844. 

To His Excellency, General Antonio Lopez de Santa Anna, 

President of the Republic of Mexico : 

It appears by a letter received from General Adrian Woll, 
under date of the 19th ultimo, that you have entertained a de- 
sire to communicate with this government. I regret, however, 
extremely, that in so doing, you should have indulged in a 
departure from the courtesy which ordinarily obtains in the 
correspondence between civilized States of the present age. 
There are certain designated and universally acknowledged 
channels of intercourse between nations, such as the Depart- 
ment of State, or Foreign Affairs. 

Through your subaltern, General Woll, you have, in the 
communication to which I allude, addressed no government, 
or functionary of any government. It is, however, addressed 
toTexians, but in language which even common courtesy does 
not sanction. 

For the information of your Excellency, I will suggest, 
that the commissioners sent out by this government for the 



HISTORY OF TEXAS. 301 

purpose of regulating the conditions of an armistice between 
the two countries was authorized by the President of Texas, 
and as such must have been communicated to your Excel- 
lency; otherwise they could not have been received in their 
official capacity. Their credentials alone entitled them to the 
recognition of yourself and officers. 

The Texian commissioners had special and prescribed pow- 
ers delegated to them, and all their acts were subject to the 
review, and rejection or approval of the Executive. Without 
approval, they could acquire no validity. The designation of 
Texas as a department of the Mexican confederacy, so called, 
was highly obnoxious to the President, and, consequently, the 
conduct of the commissioners was at once disapproved. For 
this, you are now, sir, pleased to express, through your sub- 
altern, your indignation at the perfidious conduct of the 
people of Texas. 

I regret much that you have given this complexion to the 
affairs of the two countries. When men, by chance or Prov- 
idence, have been elevated to the rule of nations, and en- 
trusted with the best interests of the people, it must be con- 
sidered a great misfortune if they entail upon them calamities 
which ther duties as philanthropists should teach them to 
avert. 

When belligerents, even in the most angry excitement of 
feeling, are arrayed against each other, it is but proper that 
their chieftains should preserve towards each other a comity 
which might render them approachable, and thereby avert 
great human suffering and the effusion of human blood. 
When war rages, all ranks and conditions are subject to its 
agitations and calamities. Texas has already endured the ex- 
tremest agony, and will endeavor to profit by her experience. 
Against her, you have again denounced war. We will await 
the event. Eight years ago you were a suppliant ; obtained 
your liberation without ransom, and acknowledged the gov- 
ernment of Texas. If Texas existed then as a nation, her 



302 HISTORY OF TEXAS. 

recognition since then by other powers, and increased com- 
mercial relations would, well excuse your recognition now of 
her sovereignty. But, sir, you speak of your resources and 
power. They were defied and triumphed over in 1836, and 
if you invade Texas in 1844, you will find neither her powers 
nor the success of her arms less complete. 

I desire to know for what reason you have charged the 
authorities of Texas with perfidy. Have they given to Mex- 
ico any pledge they have not redeemed ? They have liberated 
her chiefs and soldiers taken on the field of battle, without 
obligations so to do. But they are of a race which permit 
neither their word nor their honor to be falsified. How has 
it been with Mexico? The capitulation of Fannin was 
disregarded, and hundreds massacred in cold blood. You 
indeed denied a cognizance of this fact; declared that you 
were implicated by the falsehood of General Urrea, and that 
if you returned to your country and came into power, you 
would execute him for his duplicity. Have you done it? 
You have power but to what purpose? Of the inoffensive 
traders who visited Santa Fe, and capitulated to your officers, 
what was the treatment? They were slaughtered by the way- 
side, when unable to march, and their ears cut oft'; evidence, 
indeed, of barbarity not heard of among nations pretending to 
be civilized, since the ninth century of the Christian era. 

Again, at the surrender of Mier, your officers pjedged to the 
men the protection due to prisoners of war, in fulfillment of 
which, they were soon after barbarously decimated and the 
remainder ever since held in chains and prison. They were 
also to be returned to their homes immediately after their 
submission; but every pledge given them has been violated. 
Is this good faith? You pledged yourself also, solemnly, 
through H. B. M. ministers, to release the Texian prisoners 
in Mexico, if those of Mexico remaining in Texas should be 
set at liberty, which was done on the part of this government, 
by public proclamation, and safe conduct offered to them to 



HISTORY OF TEXAS. 303 

return to their country. Have you performed your part of 
the agreement or your duty? Are they free? Will all this 
justify you in charging, through General Woll, either the 
government or citizens of Texas with perfidy, or its Execu- 
tive with double-dealing in diplomacy? 

I regret, sir, extremely, that it has been my duty thus to 
advert to circumstances which must be as disagreeable to you 
as to myself. But you have invoked it. 

You have denounced war, and intend to prosecute it. Do 
it presently. We will abide the result. Present yourself 
with a force that indicates a desire of conquest, and with all 
the appendages of your power, I may respect your effort. 
But the marauding incursions which have heretofore charac- 
terized your molestation, will only deserve the contempt of 
honorable minds. 

I have the honor, etc. etc., 

Sam Houston. 

The 104 remaining Mier prisoners were released on the 
16th of September, 1844, by order of Santa Anna, as has 
been stated, in remembrance of a dying request of his wife. 

The result of the nominations at Baltimore was looked for 
with intense interest. Mr. Van Buren's adherents did not 
surrender quietly and the friends of Mr. Clay exerted all their 
energies for his election and the defeat of Mr. Polk. The ques- 
tions at issue became " the re-occupation of Oregon and the 
re-annexation of Texas." "Polk, Dallas, Oregon and Texas," 
was the party cry of the Democrats. Polk and Dallas were 
elected. On the 8th of June the treaty of annexation was voted 
on in the Senate and rejected by a vote of sixteen to thirty- 
five. Lightning did not then carry evil as well as good 
tidings but the people of Texas soon heard this unwelcome 
news with inexpressible mortification and chagrin, and Mexico 
heard it with corresponding elation and renewed threats. 
Texas was left without a friendly ally, Great Britain and 



304 HISTORY OF TEXAS. 

France having previously united in a protest against annexa- 
tion. 

President Houston was assured by letters from the United 
States that annexation at some period, not remote, was inevit- 
able, and Texas was advised to keep herself in an attitude of 
preparation so that whenever the time arrived there would 
be no new obstacles in the way. 

In reply he said : " Texas is free from all involvements and 
pledges; and her future course, I trust, will be marked by a 
proper regard for her true interests. My decided opinion 
is that she should maintain her present position, and act aside 
from every consideration but that of her own nationality. 

"It is now the duty of the United States to make an 
advance that shall not be equivocal in its character; and when 
she opens the door, and removes all impediments, it might 
be well for Texas to accept the invitation." 

Eegret for the failure of annexation was not universal in 
Texas, and the number of those opposed to that policy was 
now greatly increased. The threats of Mexico created no 
alarm, it being evident that her domestic affairs would demand 
all her attention and resources, and the young republic 
" girded up her loins " for a successful struggle, in which 
wounded pride was a powerful agent. 

Great Britain and France, regarding the United States as 
an ally, renewed their efforts to obtain the recognition of 
Texian independence by Mexico. 

The Texian ministers were recalled from Washington, and 
there were no recognized official relations between the two 
countries (except Mr. Van Zandt remained as Secretary of 
Legation). 

General Houston's term expired and he was succeeded by 
Anson Jones as President, on the 9th of December, 1844. 
The ninth Texian Congress, in session at the time of Jones' 
inauguration, adjourned on the 3d of February, 1845. Neither 
the President nor Congress took any action on the subject of 



" 





ANSON JONES 

Presidi nt 

1844 



HISTORY OF TEXAS. 305 

annexation, determined to await the action of the United 
States Congress on the subject. At this time General Herrera, 
a wise and liberal Mexican, became President of Mexico. He 
released Jose Antonio Navarro — a Santa Fe prisoner who 
had been kept in confinement in the prison of San Juan de 
Ulioa. The Mexican Congress authorized him to conclude a 
peace and acknowledge the independence of Texas, on the 
condition that she should not afterwards be annexed to the 
United States. This was brought about by British and French 
diplomacy. On the 19th of May, 1845, preliminary articles 
were signed on the part of the Mexican government. They 
were transmitted to Captain Elliot, British charge d'affaires, 
in Texas, and by him submitted to the Texian government on 
the 2d day of June. 

On the 25th of February, 1845, the United States House of 
Representatives passed the joint resolution providing for the 
annexation of Texas to that country, by a vote of one hun- 
dred and twenty to ninety-eight. They passed the Senate on 
the first of March by a vote of 27 to 25. On the same day, 
President John Tyler affixed his signature to them. 

The resolutions were received from Washington, District 
Columbia, by President Jones and, to carry them into effect, 
on the 15th of May, he called a convention of sixty-one dele- 
gates to meet at Austin on the 4th of July and speak the voice 
of Texas on the main issue. In pursuanceof a provision of 
the resolutions, he called an extra session of the ninth Con- 
gress to meet in Washington, Texas, on the 16th of June, in 
order to give or withhold the consent of the existing Govern- 
ment to the proposed union. That body, on the 23d of June, 
1845, gave its consent to the joint resolutions of the American 
Congress and also to the convention as called by President 
Jones. 

On the 4th of June, — two days after receiving the pro- 
posed treaty from Mexico — President Jones issued a procla- 
mation to the people, setting forth the fact that the people 

20 



306 HISTORY OF TEXAS. 

now had the choice of remaining an independent Eepublic — 
her independence acknowledged by Mexico — or of becoming 
a State of the American Union. 

The convention assembled at Austin on the 4th of July and 
adjourned on the 27th of August, after ratifying the terms of 
annexation and forming a constitution for the proposed State, 
which was duly ratified by a vote of the people, and thus fell, 
without action, the overtures from Mexico. 1 

1 THE TREATY. 

Committee Room, July 4th, 1845. 
Hon. Thomas J. Busk, President of the Convention: 

The committee to whom was committed the communication of his Excel- 
lency, the President of the Republic, together with the accompanying docu- 
ments, have had the same under consideration and have instructed me to 
report the following Ordinance, and recommend its adoption by the con- 
vention. 

Abner S. Lipscomb, Chairman. 

an ordinance. t 

Whereas, The Congress of the United States of America has passed reso- 
lutions providing for the annexation of Texas to that Union, which resolu- 
tions were approved by the President of the United States on the 1st day of 
March, 1845, and 

Whereas, The President of the United States has submitted to Texas the 
first and second sections of the said resolutions as the basis upon which 
Texas may be admitted as one of the States of said Union, and 

Whereas, The existing Government of the Republic of Texas has assented 
to the proposals thus made, the terms and conditions of which are as fol- 
lows: 

JOINT RESOLUTIONS FOR ANNEXING TEXAS TO THE UNITED STATES. 

Resolved by the Senate and House of Representatives of the United States of 

America in Congress Assembled: 

That Congress doth consent that the Territory properly included within, 
and rightfully belonging to, the Republic of Texas, may be erected into a 
new State, to be called the Slate of Texas, with a Republican form of gov- 
ernment, adopted by the people of said Republic, by deputies in convention 
assembled, with consent of the existing government, in order that the same 
may be admitted as one of the States of this Union. 

2. And be it further Resolved, That the foregoing consent of Congress is 
given upon the following conditions, to-wit: First, said State to be formed, 
subject to the adjustment by this Government of all questions of boundary 






HISTORY OF TEXAS. 307 

This convention of 1845 was a remarkable body of men, 
embracing an unusual number of men distinguished for talent, 
experience in official life and patriotic devotion to country. 
General Thomas J. Rusk was unanimously chosen to preside, 
and James H. Raymond as Secretary. The other members 
were John D. Anderson, James Armstrong, Cavitt Armstrong, 



that may arise with other Governments — and the constitution thereof with 
the proper evidence of its adoption by the people of said Republic of Texas, 
shall be transmitted to the President of the United States to be laid before 
Congress for its final action, on or before the first day of January, 1846: 
Second, said State, when admitted into the Union, after ceding to the 
United States all public edifices, fortifications, barracks, forts and harbors, 
navy and navy-yards, docks, magazines and armaments, and all other means 
pertaining to the public defense, belonging to the said Rupublic, shall retain 
all the public funds, debts, taxes and dues of every kind which may belong 
to or be due and owing to the said Republic, and shall also retain all the 
vacant and unappropriated lands lying within its limits, to be applied to the 
payment of the debts and liabilities of said Republic of Texas, and the 
residue of said lands, after discharging said debts and liabilities, to be 
disposed of as said State may direct; but in no event are said debts and 
liabilities to become a charge upon the Government of the United States. 
Third, new States, of convenient size, not exceeding four in number, in 
addition to said State of Texas, and having sufficient population, may here- 
after, by the consent of said State, be formed out of the territory thereof, 
which shall be entitled to admission under the provisions of the Federal 
constitution ; and such States as may be formed out of that portion of said 
territory lying south of thirty-six degrees thirty minutes, north latitude, 
commonly known as the Missouri compromise line, shall be admitted into 
the Union, with or without slavery, as the people of each State asking 
admission may desire; and in such State or States as shall be formed out of 
said territory north of said Missouri compromise line, slavery, or involun- 
tary servitude (except for crime), shall be prohibited." 

Now in order to manifest the assent of the people of the Republic, as is 
required in the above recited portions of said resolution, we, the deputies of 
the people of Texas in convention assembled, in their name and by their 
authority, do ordain and declare that we assent to, and accept the proposals, 
conditions and guarantees contaiued in the first and second sections of the 
Resolutions of the Congress of the United States aforesaid. 

Adopted by a vote of fifty-six to one, July 4th, 1845, in the tenth year of 
the Republic. 

Thos. J. Rusk, President. 

James H. Raymond, Secretary. 



308 HISTORY OF TEXAS. 

Kobert E. B. Baylor, Isaac W. Brashear, George Win. Brown, 
J. M- Burroughs, John Caldwell, Wm. L. Cazneau, Edward 
Clark, Abel S. Cunningham, Philip M. Cuney, Nicholas H. 
Darnell, Lemuel D. Evans, Gustavus A. Evarts, Robert M. 
Forbes, David Gage, John Hemphill, James Pinkney Hender- 
son, A. W. O. Hicks, Albert C. Horton, Spearman Holland, 
Volney E. Howard, Wm. L. Hunter, Van R. Irion, Henry J. 
Jewett, Henry L. Kinney, Albert H. Latimer, Henry R. 
Latimer, John M. Lewis, James Love, Stephen O. Lumpkin, 
— Lusk, Abner S. Lipscomb, James S. Mayfield, Andrew Mc- 
Gowan, John G. McNeel, John F. Miller, Francis Moore, Jr., 
Jose Antonio Navarro, Isaac Parker, James Power, Emory 
Rains, Hiram G. Runnels, James Scott, George W. Smyth, 
Isaac Standefer, Wm. M. Taylor, Isaac Van Zandt, Francis M. 
White, George T. Wood, George W. Wright, Wm. C. Young, 
and Richard Bache. Richard Bache, a grandson of Benjamin 
Franklin and delegate from Galveston, was the only man who 
voted against annexation. 

The constitution was ratified with great unanimity on the 
10th of October, 1845. 

On the 22d of December, President Polk approved a bill 
extending the laws of the United States over Texas, which, 
however, excepting the laws relating to impost duties, did 
not take effect, until the final organization of the State gov- 
ernment on the 19th of February, 1846. 

Under the new constitution an. election was held on the 
third Monday of December, 1845, for Governor, Lieutenant- 
Governor and members of the legislature. James Pinkney 
Henderson was elected Governor by a large majority over Dr. 
James B. Miller, and Albert C. Horton, Lieutenant-Governor 
only by one hundred and twenty majority over Nicholas H, 
Darnell. 1 

1 The legislature assembled in joint session to count the votes for Gov- 
ernor and Lieutenant-Governor. General Henderson was declared to be the 
Governor- elect, and Nicholas H. Darnell, by a small majority, was declared 




J. PINCKNEY HENDERSON 

Governor 
1846 



HISTORY OF TEXAS. 309 

The constitution had been sent to Washington City through 
Nicholas H. Darnell, especially deputed by the convention for 
that purpose. 

The new constitution was formally accepted by the Con- 
gress of the United States and approved by President Polk on 
the 29th of December, 1845. 

Under a proclamation of President Jones, the new, and 
first, legislature of the State assembled at Austin on the 16th 
of February, 1846. The senate organized by the election of 
Jesse Grimes as President pro tern. In the House of Repre- 
sentatives, Wm, E. Crump was elected Speaker. 

Both houses having completed their organization, assembled 
in joint session to witness the closing scenes in the drama of 
annexation. 

It was a scene witnessed by many persons from all parts of 
Texas, over which the banner of the lone star floated for the 
last time. President Jones delivered his valedictory address, 
from which brief extracts follow. He said: 

" The great measure of annexation, so earnestly discussed, 
is happily consummated. The present occasion, so full of 
interest to us and to all the people of this country, is an earn- 
est of that consummation; and I am happy to greet you, 
their chosen representatives, and to tender you my cordial 
congratulations on an event the most extraordinary in the 
annals of the world ; one which marks a bright triumph in 
the history of republican institutions. A government is 
changed both in its officers and in its organization — not by 
violence and disorder, but by the»deliberate and free consent 
of its citizens; and amid perfect and universal peace and 



to be Lieutenant-Governor elect; but before the inauguration next day the 
returns from a missing county arrived, changing the result, electing Albert 
C. Horton by one hundred and twenty majority. Though urged by indis- 
creet friends to claim the office under the count and declared result, Colonel 
Darnell indignantly refused, and demanded the inauguration of Horton, 
the choice of the people. 



310 HISTORY OF TEXAS. 

tranquillity, the sovereignty of the nation is surrendered, and 
incorporated with that of another. * * * 

" The lone star of Texas, which ten years since arose amid 
clouds over fields of carnage, and obscurely seen for a while, 
has culminated, and followed an inscrutable destiny ; has 
passed on and become fixed forever in that glorious constella- 
tion which all freemen and lovers of freedom in the world 
must reverence and adore — the American Union. Blending 
its rays with its sister States, long may it continue to shine, 
and may generous Heaven smile upon the consummation of the 
wishes of the two Eepublics now joined in one. May the 
Union be perpetual, and may it be the means of conferring 
benefits and blessings upon the people of all the States, is my 
ardent prayer. 

" The first act in the great drama is now performed. The 
Republic of Texas is no more." 

General Henderson then delivered his inaugural address. 
It was elegant in diction and breathed the spirit of fervent 
patriotism. He ably pointed out the work before them, 
involving the change of laws to suit the altered condition of 
the country ; a vast labor demanding thoughtful and patient 
care. \ 

Texas received many congratulations, none more fervid and 
sincere than from ex-President Andrew Jackson. He appre- 
ciated the value of the addition of Texas to the Union and 
congratulated the United States as well, always regarding the 
act as the " re-annexation of Texas." Hesaid: "I now behold 
the great American eagle, with her stars and stripes, hovering 
over the lone star of Texas, with cheering voice welcoming it 
into our glorious Union, and proclaiming to Mexico and all 
foreign governments, ' You must not attempt to tread upon 
Texas ' — that the United stars and stripes now defend her." 
Glorious result. He gave good advice as to the protection 
of the political morals, and of the labor of the country and 
in favor of the specie currency, " which," he said, "gives 



HISTORY OF TEXAS. 311 

life and action to the producing classes on which the prosperity 
of all is founded." 

At the State election two members were elected to the 
United States Congress. The State was then entitled to two 
Congressmen, the territory west of the Trinity constituting one 
district and the country east of that stream the other. The 
eastern district elected David S. Kaufman, a graduate from 
Cumberland College, Pennsylvania, a lawyer and an orator, 
who identified himself with Texas in 1835. He served in the 
Texian Congress from 1838 to 1840 ; was twice Speaker of the 
House of Representatives, and was severely wounded in the 
Cherokee battle of July, 1839. He was re-elected to the 
United States Congress till his death (caused remotely by a 
wound received some years before), December 31, 1851. 

The western district elected as its first representative in the 
American Congress, Timothy Pillsbury, a retired sea-captain 
from the State of Maine, who had served in the Texian 
Congress from Brazoria. He, too, was re-elected two years 
later. 

The legislature, among its first acts, elected two senators to 
the Congress of the United States. General Thomas J. Rusk 
received the unanimous vote of each house and General Sam 
Houston was elected by a vote almost equally unanimous, only 
three negative votes being cast. 

President Anson Jones labored with unceasing zeal for the 
accomplishment of annexation. His action in this matter 
was peculiarly unselfish, as he thereby shortened the term of 
his official life. 

The election of Gen. Thomas J. Rusk, and the hero of San 
Jacinto, Gen. Sam Houston, to the United States Senate was 
a fitting recognition of their distinguished services and high 
abilities. 

The spirit of justice, in view of much that has been written 
derogatory of General Houston, regarding the events of 1836, 
including the battle of San Jacinto; the Santa Fe expedition, 



312 HISTORY OF TEXAS. 

the question of our foreign relations and annexation to the 
United States, demands and challenges just and enlightened 
freemen to pause and consider the facts. If, at the end of 
this period, the whole people arose in their majesty, well 
knowing all the facts, and almost unanimously declared for 
Houston as one of their first representatives in the Senate of 
the United States, is it not time that the people of Texas, 
more than half a century later, should ignore the utterances of 
men, however respectable, who differed with him in his plan 
of conducting the campaign of 1836, and the graye issues 
following. The world is subject to the temporary influence 
of those who play upon the passions of the hour. But it is 
also subject to what is popularly designated as the sober 
second and generally right, thought. This thought was ex- 
pressed by the election of General Houston to the Senate 
when he was in private life and three hundred miles from the 
scene of action and, by enlightened minds, will be accepted as 
final so far as antecedent Texian history is concerned. The 
abuse, in years gone by, heaped upon Bowie, Houston, 
Burnet, Lamar and others, aside from the personal recrimina- 
tions between some of them, have long since ceased to dis- 
turb the reflective judgment of wise and just men. Each 
has come to be judged by his real and true character as a man 
and a patriot. And so it should be. 

When the final act was performed, when Texas, the off- 
shoot of a neglected Mexican province, ceased to be an 
independent Republic and became a State of the North 
American Union, the fathers and mothers of the country rejoic- 
ing with moistened eyes, did not forget their dead; the men 
who had founded, built up and (many of them) died for their 
country. They established in their hearts the memory of 
Moses and Stephen F. Austin; of Green De Witt, Sterling 
C. Robertson and Martin De Leon ; of Benjamin R. Milam, 
William Barrett Travis, Placido Yenibedes, David Crockett, 
Albert Martin, James Bowie, William H. and John A. Whar- 



HISTORY OF TEXAS. 313 

ton, James Butler Bonham, William H. and Patrick C. Jack, 
James W. Fannin, William Ward, Peter W. Grayson, James 
Collinsworth, Robert C. Wallace, William Motley, Lorenzo 
de Zavala, Henry W. Karnes and many of their compeers. 
But they cherished no less in grateful remembrance, the serv- 
ices and virtues of Henry Smith, Sam Houston, David G. 
Burnet, Mirabeau B. Lamar, Thomas J. Kusk, Anson Jones, 
Jose Antonio .Navarro, Edward Burleson, Albert C. Horton, 
Edwin Waller, Sidney Sherman, Albert Sidney Johnston, 
Branch T. Archer, John Forbes, Charles S. Taylor, James 
Power, John McMullen, Patrick McGloin, Alexander Horton, 
Adolphus Sterne, Wm. Hardin and brothers, Robert M. 
Williamson, John Hemphill, Abner S. Lipscomb, James 
Pinkney Henderson, Samuel M. Williams, Michel B. Menard, 
Francis Moore, Jr., Thomas F. McKinney, CoHin McKinney, 
Wm. Menefee, Jesse Grimes, Chas. B. Stewart, Frost Thorn, 
John H. Moore, John Caldwell, Edward H. Tarrant, Wm. G. 
Cooke, Peter H. Bell, David S. Kaufman, Isaac Van Zandt, 
James Hamilton, Barnard E. Bee, Ashbel Smith, Edward T. 
Branch, Robert E. B. Baylor, and a host of others, yet spared 
to them, — each in his sphere of action had shod lustre on the 
country. 

A BRIEF RECAPITULATION. 

Anglo-Americanism had its birth in Texas in the year 1822. 
For four years it was a feeble province of Mexico, with but a 
handful of Mexicans at Nacogdoches, Goliad and San Antonio, 
supplemented by a few obscure and ephemeral settlements at 
remote points elsewhere. For ten years — 1825 to 1835 — it 
was fastened as an unwilling appendage to Coahuila, under 
the designation as a Mexican State of Coahuila and Texas. 
For the succeeding ten years, save a few. months succeeding 
the final victory of its arms, it was known and recognized by the 
most enlightened nations as the Republic of Texas ; and then 



314 HISTORY OF TEXAS. 

became a State of the American Union. Prior to the intro- 
duction of Americans in Texas, the country from about 1692 
to 1822, had remained, with the slight exceptions mentioned, 
a primeval wilderness, dominated by roving bands of savages, 
unacquainted with the modern blessings of civilized life. A 
country without roads, navigable streams or secure harbors, 
with no human habitation along its four hundred miles of sea 
coast; no government to shield it from the innumerable 
petty tribes of freebooters; indeed with no allurements save 
its fine climates, grand forests.., fertile plains, lovely valleys, 
and picturesque hills and mountains; with no means of immi- 
gration excepting by sail boats on the gulf, or carts, or 
wagons, often cutting their own pathway through the wilder- 
ness for hundreds of miles, crossing streams and swamps. 
With all these and other potent facts, it is not strange that 
the growth of Americanism in Texas, from 1822 to the revo- 
lution in 1835, was slow, demanding from women and men the 
highest order of patience, fortitude, patriotism and those 
moral virtues, without which no sparse wilderness population, 
so exposed, can so assimilate in the bonds of fellowship and 
mutual good faith, as to assure progress and happiness. 
Under such surroundings, though slow, the actual progress 
through these thirteen years challenges admiration. 

During the ten years' life of the Republic six hundred 
miles of our border was ever open to attacks from Mexico, and 
countless raids and forays were made. In nearly all that time, 
for seven hundred miles, from Clarksville on Red River, to 
San Patricio and Corpus Christi, the frontiers were opened to 
scenes of savage plunder, murder and the captivity of women 
and children. Yet how much was achieved despite these un- 
toward conditions ! 

Population quadrupled, towns were built, roads opened, 
justice, regulated by law, administered, education to the ut- 
most extent possible, fostered, freedom of conscience guaran- 
teed and religion encouraged, the hostile savages and Mexican 



HISTORY OF TEXAS. 315 

brigands often punished, the recognition and friendship of the 
United States, Great Britain, France, Holland and Belgium, 
with liberal commercial treaties, secured, our rights maintained 
by a gallant little navy on the high seas, our flag, the " Lone 
Star of Texas," everywhere respected, our ambassadors to 
foreign courts received with the amenities due to the most 
favored nations, our revolutionary debt, an extraordinary and 
perhaps unprecedented fact in the history of revolutionary 
States, guaranteed and fully provided for, our Executive, 
legislative and judicial departments respected at home and 
abroad, and finally our warriors, living and dead, were enrolled 
among the patriots and heroes of the world — enrolled with, 
those who fell at Thermopylae and triumphed at Salamis and 
Marathon. Truly a glorious record and one that entitled 
Texas to an equal station in the Union. 



CHAPTER XXIX. 

The New State — The Homestead, etc. 

By statutory provisions, under the Bepublic, certain per- 
sonal property and, to each head of a family fifty acres of 
land, were exempted from forced sale for debt, but under the 
new constitution this beneficence was greatly extended. In 
the country it exempted as a homestead, not exceeding two 
hundred acres of land ; in town a lot or lots in value not 
exceeding two thousand dollars. Texas was the first country 
in the civilized world to thus shield the family from the mis- 
fortunes of life, but her example has since been followed, 
in greater or less degree, by many States of the Union. But 
one other safeguard was wanting to give entire efficiency 
to this constitutional shield thrown around the family altar 
and that, after thirty years, experience, was supplied by 
the present constitution, which went into effect April 18th, 
1876. It is a clause which prohibits the hypothecation, pledge 
or mortgage or incumbrance by deed of trust, whether by the 
husband, wife, or both, of the homestead, excepting for 
the purchase money therefor. The husband and wife may 
sell it to acquire a homestead elsewhere, but shall not incum- 
ber it with mortgages or deeds of trusts by which, in a large 
majority of cases, the wife and children (as shown by exper- 
ience) will be deprived of their home. Nearly half a cen- 
tury has endeared the homestead exemption to the people of 
the State and nothing less than revolution can cause its aban- 
donment. 

The constitution of 1845 (as does that of 1876) also 
banished forever that relic of medieval barbarism, accursed 
by the sorrows of centuries — imprisonment for debt. 
(316) 



HISTORY OF TEXAS. 317 

The first State legislature, an* able and discreet body of 
men, had herculean labors to perform in reforming and 
adjusting the laws to the new condition of affairs. Under 
an unfortunate inhibition in the constitution of the .Republic, 
and notwithstanding a large increase and consequent expan- 
sion of population, the Congress for several years could create 
no additional county, causing great inconvenience and serious 
burdens to the people, caused by remote distances from their 
respective county sites. This was remedied by the creation 
of thirty-two new counties, on some of which, in recognition 
of their friendship for Texas, were bestowed the names of 
Presidents Tyler and Polk and members of their cabinets. 
The new counties were: Anderson, Angelina, Burleson, Comal, 
Collin, Calhoun (Tyler's cabinet), Cass, Cherokee, De Witt, 
Dallas (Vice-President under Polk), Denton, Guadalupe, 
Grayson, Grimes, Hopkins, Hunt, Henderson, Leon, Lavaca, 
Limestone, Nueces, Newton, Navarro, Polk (president), 
Panola, Smith, Tyler (president), Titus, Upshur (with Gil- 
mer as county seat — both of Tyler's cabinet), Wharton and 
Walker (Robert J. Walker of Polk's cabinet). 

The laws during this session were wisely adjusted to the 
altered condition of affairs and new ones enacted to meet new 
conditions. 

Governor Henderson nominated and the Senate confirmed 
the following appointments : 

David G. Burnet, Secretary of State; John Hemphill, 
Chief Justice, and Abner S. Lipscomb and Royall T. Wheeler, 
Justices of the Supreme Court: John W. Harris, Attorney- 
General. 

The legislature elected James B. Shaw as Comptroller and 
James H. Eaymond as Treasurer. By subsequent elections 
by the people, both held their positions for twelve years. 

The first district judges nominated by Governor Henderson 
and confirmed by the Senate were: WillianuE. Jones of Gon- 



318 HISTORY OF TEXAS. 

zales, R. E. B. Baylor, M. P. Norton, Anthony B. Shelby 
and John T. Mills. " 



THE MEXICAN WAR. 

Pending the action of Texas on the United States proposi- 
tion for annexation, in August, 1845, under orders from 
President Polk, General Zachary Taylor, of the United States 
army, coming by the gulf from New Orleans, encamped at 
Corpus Christi, Texas, in command of about three thousand 
men. Mexico, as was anticipated, protested against it. 
Events succeeded each other without any grave incident until 
the treaty of annexation was., perfected by the action of Texas 
and her complete habilitation as a State of the Union. Then, 
in March, 1846, under orders from Washington, General 
Taylor took up the line of march for the east bank of the Rio 
Grande, in the vicinity of Matamoros. The United States, 
under a statutory declaration by the first Congress of Texas, 
in December, 1836, regarded the Rio Grande as a boundary 
between the two countries. On reaching the tide water 
stream known as the Sal Colorado, some thirty miles east of 
his destination, General Taylor found a detachment of Mexican 
troops on its west bank, and the commander of the detach- 
ment formally protested against his crossing that stream. He 
disregarded such admonition and proceeded, the protesting 
party retiring without further action. General Taylor reached 
the river and at once began the erection of fortifications, soon 
afterwards and ever since known as Fort Brown. 

News of these movements and the defiant threats of the 
Mexican authorities were borne upon the winds through Texas 
and created intense excitement and eagerness to participate in 
the impending contest. At Austin, on the 9th of May, the 
legislature, after an explanatory preamble, passed the follow- 
ing resolution : • 

"Resolved, That James Pinkuey Henderson, Governor of 



HISTORY OF TEXAS. 319 

the State, have leave and authority, under this resolution, to 
take command in person of all troops raised (in this State) 
and mustered into service by order of the general government, 
according to the constitution and laws of the United States. 

Approved May 9th, 1846." 

On the 4th of March, Paredes, the Mexican President, 
ordered General Mariano Arista, commanding in northern 
Mexico, to attack the army of the United States. Arista lost 
no time in preparations and by the first of May acts of hostility 
occurred. Several skirmishes took place, in one of which 
Captain Thornton, with a squadron of cavalry, was captured. 
In another Lieutenant Porter of the fourth infantry, was 
killed, and Captain Samuel H. Walker, of the Texas Rangers, 
narrowly escaped. The Mexicans opened a bombardment on 
Fort Brown, on the 4th of May. On the 6th, the commander, 
Major Jacob Brown, was killed. He was succeeded in the 
command by Major Hawkins, who made a gallant and suc- 
cessful defense. About the same time Arista crossed his army 
on to the Texas side, with the evident design of capturing 
Point Isabel, with all its army supplies. General Taylor had 
lost no time in marching to its relief. After reaching Point 
Isabel and providing security for his stores, he began his 
return march for Fort Brown. On the 8th at Palo Alto, was 
fought the first battle of the war. On the morning of the 
9th, General Taylor reported to the government at Washing- 
ton as follows : " I have the honor to report that I was met 
near this place yesterday on my march from Point Isabel, by 
the Mexican forces and in an action of about five hours dislodged 
them from their position and encamped upon the field. Our 
artillery, consisting of two eighteen-pounders and two light 
batteries, was the arm chiefly engaged, and to the excellent 
manner in which it was manaeuvered and served, is our suc- 
cess mainly due. 

" The strength of the enemy is believed to be abcut six 
thousand men, with seven pieces of artillery and eight him- 



320 HISTORY OF TEXAS. 

dred cavalry. His loss is prohaby at least one hundred 
killed. Oar strength did not exceed, all told, twenty-three 
hundred, while our loss was comparatively trifling — four men 
killed, three officers and thirty-seven men wounded, several 
mortally. I regret to say that Major Ringold, 2nd artillery, 
and Captain Page, 4th infantry, are severely wounded, Lieu- 
tenant Luther, slightly so. [Both Major Kingold and Captain 
Page died of their wounds.] 

" The enemy has fallen back and, it is believed [erroneously, 
however], has repassed the river. I have advanced parties 
now thrown forward in his direction and shall move the main 
body immediately." 

General Taylor's next report is dated at camp Resaca de la 
Palma, three miles from Matamoros, 10 p. m. May 9th, 1846,, 
in which he says : 

" I have the honor to report, that I marched with the main 
body of the army at two o'clock to-day, having previously 
thrown forward a body of light infantry into the forest which 
covers the Matamoros road. When near the spot where I am 
now encamped, my advance discovered that a ravine crossing 
the road had been occupied by the enemy with artillery. I 
immediately ordered a battery of field artillery to sweep the 
position, flanking and sustaining it by the third, fourth and 
fifth regiments deployed as skirmishers to the right and left. 
A heavy fire of artillery and of musketry was kept up for 
some time, until finally the enemy's batteries were carried in 
succession by a squadron of dragoons (Captain Charley May) 
and the regiments of infantry that were on the ground. He 
was soon driven from his position, and pursued by a squadron 
of dragoons, battalion of artillery, third infantry, and a light 
battery to the river. Our victory has been complete. Eight 
pieces of artillery, with a great quantity of ammunition, three 
standards and some one hundred prisoners have been taken > 
among the latter General Romulo de la Vega and several other 



HISTORY OF TEXAS. 321 

officers. One general is understood to have been killed. 
The enemy has recrossed the river, and I am sure will not 
again molest us on this bank. 

" The loss of the enemy in killed has been most severe. Our 
own loss has been very heavy, and I deeply regret to report 
that Lieutenant Inge, 2nd dragoons, Lieutenant Cochrane, 
4th infantry, and Lieutenant Chadbourne, 8th infantry, were 
killed on the field. Lieutenant Col. Payne, 4th artillery, 
Lieutenant Colonel Mcintosh, Lieutenant Dobbins, 3rd infan- 
try, Captain Howe and Lieutenant Fowler, 5th infantry, and 
Captain Montgomery, Lieutenants Gates, Selden, McClay, 
Burbank, and Jordan, 8th infantry, were wounded. * * * 

" The affair of to-day may be regarded as a proper supple- 
ment to the cannonade of yesterday ; and the two taken 
together, exhibit the coolness and gallantry of our men, in 
the most favorable light. All have done their duty and done 
it nobly. * * * 

" It affords me peculiar pleasure to report, that the field 
work opposite Matamoros (Fort Brown), has sustained itself 
handsomely during a cannonade and bombardment of one 
hundred and sixty hours. But the pleasure is alloyed with 
profound regret, at the loss of its heroic and indomitable com- 
mander, Major Brown, who died to-day from the effects of a 
shell. His loss would be a severe one to the service at any 
time but to the army under my orders it is indeed irrepara- 
ble. One officer and one non-commissioned officer killed, and 
ten men wounded, comprise all the casualties incident to this 
severe bombardment. I inadvertently omitted to mention 
the capture of a large number of pack-mules, left in the 
Mexican camp. 

" Your obedient servant, 

"Z. Taylor." 

While General Taylor was yet at Corpus Christi, he was 
re-inforced by Colonel David E. Twiggs, in command of a 
regiment of United States dragoons, who had came across the 

21 



322 HISTORY OF TEXAS. 

country by land. In 1846, there also came to him over land, 
the mounted regiment of Colonels Archibald Yell of Arkansas, 
Humphrey Marshall of Kentucky, and Thomas of Tennessee. 
There also arrived by water, landing at Lavaca Bay, and 
thence proceeding to the mouth of the Ilio Grande, the in- 
fantry regiments of Colonel John J. Hardin and Wm. H. 
Bissell of Illinois. There came also by land an independent 
mounted company, commanded by Captain Albert Pike of 
Arkansas. The other recruits for the army came chiefly by 
water and landed at Point Isabel. Among the more conspic- 
uous regular officers under General Taylor, were Generals 
Wm. J. Worth and John E. Wool, but it is not designed here 
to give a history of the Mexican war excepting so far as it 
relates to the troops from Texas. 

The first Texians to join General Taylor were small, inde- 
pendent companies of Southwest Texas, commanded by 
Captain Samuel H. Walker, who was in the two first battles, 
and John T. Price. 

The first Texas regiment to join him, composed of six 
months men raised and organized in Galveston and surround- 
ing country, was commanded by Colonel Albert Sidney 
Johnston (classed as 2d regiment), of which Ephraim M. 
McLean was lieutenant-colonel, and — Wells, major. In this 
regiment was a company of recently arrived Germans, citizens 
of Indianola, commanded by the lamented August Buchel, 
who fell as a Confederate colonel at Mansfield, in 1864. 

The first regiment of Texas mounted troops was commanded 
by Colonel John C. Hays, with Samuel H. Walker, lieutenant- 
colonel and Michael Chevallie, major. 

The third regiment of Texas mounted troops was commanded 
by Colonel George T. Wood (afterwards Governor), of which 
Wm. K. Scurry was major. Captain Ben McCulloch com- 
manded the celebrated spy company of that period, though it 
nominally belonged to Hays' regiment. 

As already stated, Governor James Pinkney Henderson, 



HISTORY OF TEXAS. 323 

with the rank of major-general in the United States army, 
commanded the Texas troops in the first year of the war. On 
his staff served ex-President Lamar, General Edward Burle- 
son, Henry L. Kinney and Edward Clark, afterward Gover- 
nor. Later, President Lamar, with an independent command, 
was stationed at Laredo, with Hamilton P. Bee as his lieu- 
tenant. As near as can be ascertained, 8,018 Texians served 
under the United States during the war. 

Some weeks were required to enable General Taylor to get 
his army in marching order for Monterey. During this time 
Captain McCulloch's company of spies was kept almost con- 
stantly in the saddle, scouring the country on the west of the 
Rio Grande, and had several successful encounters with de- 
tachments of the enemy, and justly won a reputation that 
made his name famous throughout the United States. Hays' 
Texas Eangers, under the lead of that intrepid officer, were 
kept actively employed and made several scouts in the direc- 
tion of Monterey. General Pedro Ampudia, the successor of 
General Arista in the command of Northern Mexico, with a 
large force, was actively engaged in fortifying that naturally 
strong position. On the 31st of August, 1846, he issued the 
following proclamation : 

" Considering that the hour has arrived, when energetic 
measures and precautionary disposition should be taken to 
liberate the department of the East from the rapacity 
of the Anglo-Americans, and for attending to the rights 
of the people and the usages of war, every person who 
may prove a traitor to his country, or a spy of the enemy, 
shall suffer death, without any remission of sentence; and, 
taking into consideration that it is my bounden duty to put 
an end to the evils which have been caused by the contraband 
trade which has been indiscriminately carried on by the usurp- 
ers of our sacred territory, and using the faculties which the 
laws have empowered me with, I decree as follows: 

1. Every native, or foreigner, who shall, either directly 



324 HISTORY OF TEXAS. 

or indirectly, voluntarily aid or assist the enemy, in any man- 
ner whatsoever, shall suffer death by being shot. 

2. All those who, after the publication of this proclama- 
tion, shall continue to traffic in contraband articles with the 
enemy, shall suffer the same penalty named in the preceding 
article. 

3. The authorities of every branch of the public service 
will take especial care, under the strictest responsibility, that 
this article shall be rigorously complied with. 

4. This proclamation should produce popular action among 
our citizens, who are under the obligation to make known any 
infraction of it, and all citizens are empowered to apprehend 
criminals and deliver them over to the judicial authorities; 
and, that all persons may be duly notified, and that none may 
plead ignorance, I order the publication of this proclamation, 
and a due circulation shall be given it. 

Done at the headquarters of the army, in Monterey, August 
31, 1846. 

Pedro de Ampudia." 

This alarmed the Mexicans and produced an evident change 
in their manner. From the time General Taylor moved from 
Comargo, the intercourse of the Mexican population with the 
American army had manifestly changed into a far more 
unfriendly spirit. Their prices for the necessaries of life 
were advanced very largely, and everything indicated a more 
hostile feeling in the country. 

General Worth conducted the main advance. On the after- 
noon of the 9th of September General Taylor reached Seralvo 
with the second dragoons and the first division under General 
Twiggs, to which was attached Captain Shivers company of 
Texas volunteers and the Washington and Baltimore bat- 
talions ; also two twenty-four pound howitzers and one mor- 
tar. On t?he morning of the 10th, General Wm. O. Butler 
arrived with the 1st brigade, under General Hamer, composed 
of the 1st Ohio and 1st Kentucky regiments ; and at night 



HISTORY OF TEXAS. 325 

General John A. Quitman arrived, with the 2d brigade com- 
posed of the 1st Mississippi and 1st Tennessee regiments of 
volunteers. The whole force at Seralvo then amounted to 
about six thousand troops, Major-General Henderson's Texas 
Rangers, composed of Hays' and Wood's regiments, were yet 
to arrive. 

An eye-witness wrote at the time: 

" On the morning of the 11th of September the whole camp 
was one scene of activity. Never did the little town wear 
such an aspect of military display. Drums were beating in 
all directions throughout the day and all was hurry and bustle. 
The forges of the different batteries were busy shoeing 
horses, etc., and every preparation was making for our march 
to Monterey. In the afternoon the men assembled for even- 
ing parade. After drill the music of the different regiments 
beat off while the officers saluted. The adjutant then read 
the following orders from headquarters : 

1. As the army may expect to meet resistance in the farther 
advance to Monterey, it is necessary that the march should 
be conducted with all proper precaution to meet an attack and 
secure the baggage and supplies. 

From this point the following will be the order of march 
until otherwise directed: 

2. All the pioneers of the army consolidated into one party 
will march early to-morrow on the route to Marin for the pur- 
pose of repairing the roads and making it practicable for 
artillery and wagons. The pioneers of each division will be a 
subaltern to be specially detailed for the duty and the whole 
will be under command of Captain Craig, 3d infantry, who 
will report to headquarters for instruction. The pioneer 
party will be covered by a squadron of dragoons and Captain 
McCulloch's company of rangers. Two officers of topograph- 
ical engineers, to be detailed by Captain Williams, will accom- 
pany the party for the purpose of examining the route. Two 
wagons will be provided by the quartermaster's department 



326 HISTORY OF TEXAS. 

for the transportation of the tools, provisions and knapsacks 
of the pioneer party. 

3. The first division will march on the 13th inst. to be fol- 
lowed on successive days by the second division and field-divis- 
ion of volunteers. The headquarters will march with the 
first division. Captain Gillespie with half of his company 
(Texians), will report to Major-General Butler ; the other half, 
under the 1st Lieutenant, to Brigadier-General Worth. 
These detachments will be employed for outposts and videttes 
and expresses between the column and headquarters. 

4. The subsistence supplies will be divided between the 
three columns, the senior commissary of each division receipt- 
ing for the stores and being charged with their care and man- 
agement ; the senior commissaries of divisions will report to 
Captain Waggaman for this duty. 

5. Each division will be followed immediately by its bag- 
gage train and supply train with a strong rear guard. The 
advance train under Captain Ramsay will march with the 
second division, between its baggage and supply train, and 
will come under protection of the guard of that division. 
The medical supplies will, in like manner, march with the 
first division. 

6. The troops will take eight days' rations and forty rounds 
of ammunition. All surplus arms and accoutrements, result- 
ing from casualties on the road, will be deposited with Lieut. 
Stewart, left in charge of the depot at this place, who will 
give certificates of deposit to the company commanders. 

7. The wagons appropriated for the transportation of water 
will not be required, and will be turned over to the quarter- 
master's department for general purposes. 

8. Two companies of the Mississippi regiment will be des- 
ignated for the garrison at this place. All sick and disabled 
men, unfit for the march, will be left behind, under the charge 
of a medical officer, to be selected for this duty by the medi- 
cal director. By order of Gen. Taylor, 

W. W. S. Bliss, Asst. Adjt.-Gen. 



HISTORY OF TEXAS. 327 

The army moved forward in brigades and divisions until on 
the 17th of September, by the arrival of Gen. Butler's divis- 
ion, the whole army was concentrated at Marin (Moreen) on 
the San Juan River. At the hamlet of San Francisco, on the 
18th, Gen. Henderson arrived with the two regiments of 
Texas Rangers under Cols. Hays and Wood. At daylight on 
the 19th, the army again moved forward on the road to Mon- 
terey in the following order: Capt. R. A. Gillespie's company 
of Hays' regiment in the advance, followed by McCulloch's 
company which, for the first time, joined Hays' regiment — 
the regiment itself coming next; then came Col. Wood's East 
Texas Rangers, the whole commanded by Major-GeneralJ. P. 
Henderson. The 1st division under General Twiggs, the 2d 
under General Worth, and the 3d Division of volunteers under 
General Butler, followed in the order mentioned. As the 
army moved on Gen. Taylor and staff were seen advancing to 
the head of the column. A low murmur of admiration arose 
in the ranks as the General passed, bowing to both men and 
officers, who saluted him as he rode by, when a voice rang 
out saying — " Boys, the General himself is going to lead us 
forth to battle!" 

Before night on the 19th the whole army encamped at what 
became known as Walnut Springs on the east side of Monterey, 
from which reconnoitering parties were sent out to determine 
the practicability of a circuitous route to the rear of the town, 
to reach the Bishop's Palace on the Saltillo road, and cut off 
the enemy's communication with the interior. 

On the morning of September 20th General Worth's divis- 
ion, accompanied by Hays' Texas regiment, was ordered to 
make a detour in order to reach the enemy's rear in the posi- 
tions of Independence Hill and the Bishop's Palace. A com- 
pany of pioneers was sent in the advance to cut a passage 
through chaparral and fences so as to make a road practicable 
for artillery. This movement was discovered by the enemy, 
who sent large bodies of infantry at a run, from the Bishop's 



328 HISTORY OF TEXAS. 

Palace to Independence Hill above it. In the meantime Gen. 
Burleson of Texas, with about twenty men, proceeded along 
the base, of the bill, while Col. Hays and Lieut. -Colonels 
Duncan and Walker, with Capt. Ben McCulloch and Col. 
Pay ton, late of the Louisiana volunteers, ascended the hill to 
reconnoitre. While these officers were riding on the brow of 
the hill, Gen. Worth and Lieut. Wood, of his staff, also 
ascended the hill. Soon after Gen. Burleson rode up and 
informed Gen. Worth that he had met the enemy's pickets 
and that a large force, consisting of cavalry and infantry, was 
approaching from a point beyond, with the evident intention 
of disputing his further progress. Descending the hill, Gen. 
Worth ordered a detachment of McCulloch' s company, under 
Lieut. Kelly, to proceed and join a detachment of Capt. Gilles- 
pie's company, already in the advance; Generals Worth and 
Smith, Lieut. -Colonels Duncan and Walker, with Gen. Burle- 
son, taking the advance, supported by the rest of the Texians 
and a body of infantry. When immediately opposite and in 
point-blank range of the guns of Independence Hill, they 
were fired upon by both artillery and infantry. As it was the 
evident intention of the enemy to cut off this advance party 
before they could rejoin the main force, a retrograde move- 
ment was ordered, and a race ensued on the way back to the 
main force. 

In the city proper, Gen. Taylor pressed the enemy in the 
various forts and houses, from the 20th to the morning of the 
24th, in which not only the commander-in-chief, but the 
officers and men under his command performed prodigies of 
valor. Among the prominent officers were: Generals Butler, 
Twiggs, Henderson (Governor of Texas) ; Col. Jefferson 
Davis, of the Mississippi Rifles, and his Lieutenant-Col. A. K. 
McClung; Col. Garland, Col. George T. Wood, of Texas, 
Major Mansfield, Major Lear, Major Abercrombie, Lieut. - 
Col. Watson, Capts. Bragg, Ramsey, Webster, and others of 
the artillery. Among the slain were Major Barbour, Capt. 



HISTORY OF TEXAS. 329 

Williams, Lieut. J. P. Ferry, Capt. G. P. Field, Lieut. 
Dilworth, and a number of other promising officers. The loss 
in killed and wounded was very large during the siege. Lieut. - 
Col. McClung was shot through the lungs and otherwise, and 
thought to be mortally wounded, but finally recovered. On 
the west, under Gen. Worth, the fort on Federation Hill 
and several other places were stormed and captured. Of 
the most brilliant events connected with the entire siege, the 
following account, from an eye-witness, is extracted: 

" At three o'clock on the morning of the 22d of September, 
the troops that had been detailed to storm the fort on Inde- 
pendence Hill, were aroused from their slumbers. It was 
dark and cloudy, with a heavy thick mist. The command 
consisted of three companies of the Artillery Battalion ; three 
companies of the 8th Infantry, under Capt. Sereven, com- 
manded by Lieutenants James Longstreet (afterwards Con- 
federate general), T. J. Montgomery and E. B. Holloway; 
and seven companies of the Texas Rangers, under Colonel 
John C. Hays and Lieutenant-Colonel Samuel H. Walker, the 
company commanders being Captains Ben McCulloch, R. A, 
Gillespie, Tom Green, Christ. B. Acklin (Walter P. Lane 
being his first lieutenant), James Gillaspie, Claiborne C. 
Herbert and Ballowe ; Lieutenant-Colonel Thomas Childs com- 
manded the entire storming party, numbering four hundred 
and sixty-five men, besides the officers. 

Independence Hill, between seven and eight hundred feet 
high, is not only the most inaccessible height, from its almost 
perpendicular ascent, covered as it is with ledges of rock, some 
four or five feet high, and low, thick, thorny bushes — but 
also the most important, as commanding all the western ap- 
proaches, and, by a gradual descent from the crest of the hill, 
of about four hundred yards, southeast course, along the ridge, 
leading to the Bishop's Palace, which it also commands and 
overlooks ; thus forming a key to the entrance to Monterey on 
the west side. The height was defended by artillery, and 



330 HISTORY OF TEXAS. 

during the night, a large re-inforcement had been thrown 
forward from the Bishop's Palace. Here they remained, as 
they supposed, in perfect security, considering their position 
impregnable. The expedition was looked upon as a forlorn 
hope, but not a word was spoken, save by the officers, in a 
low tone, as they marshaled their men in the darkness of 
night. At this moment the short, quick word " Forward ! " 
was given, and the column, conducted by Capt. John Sanders, 
military engineer, and Lieut. George G. Meade (afterwards 
Federal commander at Gettysburg), topographical engineer, 
with a Mexican guide, wound its way, by a right flank, along 
the dark and devious road, passing through a cornfield, until 
it arrived at the base of the hill. Here the command was 
divided. Capt. J. R. Vinton with one company of the 3rd 
Artillery, one of the 8th Infantry, and three companies of 
Texas Rangers, under Lieut. -Col. Walker, was detached to 
move as a left column up the northwest slope of the hill; 
while Col. Childs, with the residue of the command, should 
ascend on the southwest. Now commenced the ascent which, 
at a distance, had appeared sufficiently steep, difficult, rugged, 
and, when actually grappled with, required all the vigor and 
strength of the most hardy. Forward pressed the men, 
invigorated by the fresh morning air, until they arrived with- 
in one hundred yards of the crest of the hill, when a crash of 
musketry from the enemy's skirmishers, announced that they 
were discovered. An incessant random fire was poured down 
upon the stormers, the day having yet hardly dawned, but 
not a shot was returned, not a word uttered. The two col- 
umns steadily advanced, climbing over projecting crags by 
means of fissures in the rocks, or clinging to the stunted 
thorny bushes, which had embedded themselves among them, 
until they were within about twenty yards of the top, when 
a shout and yell arose on the still air, amid the rattling of a 
volley of musketry from the regulars, and the whistling of 
the rifle-ball of the Texians, which appalled the enemy, 



HESTORY OF TEXAS. 331 

and drove them back from the brow of the slope. Then 
came the deadly struggle. Panting and breathless, men and 
officers strove to gain the height, contending with the rocky 
steep as well as the enemy. Peal after peal and shout and 
cry rang wildly forth for victory ! Onward they rushed , 
braving the storm of hail until they gained the brow and , 
with a loud huzza, bore back the foe, while the mist now 
left the mountain's top for the sun-beams' warmer glow, to 
shine upon the triumphant colors of our victorious troops. 

" The Mexicans fled in confusion, some toward the palace, 
while others ran headlong down the hill. They, however, suc- 
ceeded in carrying off a piece of cannon, our men being too 
much exhausted to pursue them further. The loss of the 
enemy was considerable, while on our part it was but few in 
numbers, though some of our noblest spirits fell. Among 
them was the brave and gallant Captain Hichardson Addison 
Gillespie, an officer well known in Texas and to the army, for 
his kind and unassuming deportment in social life, and his 
sagacity, activity, and undaunted courage in the field. He 
fell, mortally wounded, at the head of his company, while in 
the act of mounting the enemy's works. As his men came 
up they offered to assist him but he refused them and cheered 
them on to the combat. Here, too, the daring and chivalric 
Herman S. Thomas, of Baltimore, belonging to McCulloch's 
company, who was among the first to scale the height, received 
a mortal wound. Lieut. W. E. Keese, of Ballowe's com- 
pany, with many others, was wounded; Daniel McCarthy of 
the same company was killed. 

The next point of attack was, necessarily, the Bishop's 
palace. Many hours passed in various movements and 
attacks, from the remainder of our forces on Federation 
Hill and elsewhere until large re-inforcements of cavalry 
and infantry were seen ascending the road from the city 
to the Bishop's Palace. The commander, General Fran- 
cisco Berra, determined to save the palace by making a 



332 HISTORY OF TEXAS. 

desperate effort to drive the Americans from Independence 
Hill. Orders were then given for Blanchard's company to 
fall back on the alignment, while the Texas Rangers kept their 
covered positions, on each side of the mountain slope. This 
movement, apparently retrograde, was soon after followed by 
one from the enemy, which realized the very hopes that Capt. 
Vinton had so warmly cherished. Battalions of Mexican 
infantry formed in front of the palace, their crowded ranks 
and glistening bayonets presenting a bold and fearless front, 
while squadrons of light horsemen, with lances, bright and 
fluttering flags, and heavy cavalry with escopetas (Spanish 
for carbines) and broad swords gleaming in the sun, richly 
contrasting with the gaudy Mexican uniforms, made a most 
imposing sight. Their bugle-notes sounded a charge. Onward 
they came, in proud array, — nearer and nearer thej r ap- 
proached, their troopers dashing up the slope with a fierce and 
savage air, until the clang of their arms rang wildly on the 
ear. Then, when within twenty yards of our position, on the 
appointed signal being given, out rushed our gallant troops 
and formed a serried line of bayonets which, like an appari- 
tion, suddenly rose before the enemy to oppose their progress. 
Bravely were they met. One volley from that long line, with 
a deadly fire from the Texian rifles, made them reel and 
stagger back aghast, while above the battle cry was heard the 
stentorian command, " Charge! " On, on rushed our men, 
with shouts of triumph, driving the retreating enemy, horse 
and foot, down the ridge, past the palace, and even to the 
bottom of the hill, to the streets of the city. The victory 
was won ! The palace ours ! A short struggle ensued 
with those inside the palace, but they soon sur- 
rendered, thus opening our access to Monterey from the west. 
Our loss was six killed and fifteen wounded — that of the 
enemy one hundred and eighty killed and wounded. Worth's 
division then moved down the streets into the city seeking a 
junction with General Taylor ; many bloody contests took 



HISTORY OF TEXAS. 333 

place, continuing till the morning of the 24th, when the 
forces had captured all the defensive works of the enemy ex- 
cepting the cathedral, and the almost impregnable fort, known 
as the citadel, when Gen. Ampudia sent in a flag proposing a 
capitulation. After some delay, Gen. Taylor appointed as 
commissioners on the part of the United States, Gen. Worth, 
Gen. Henderson of Texas, and Col. Jefferson Davis of the 
Mississippi Rifles. Gen. Ampudia appointed Gen. J. M. 
Ortega, Gen. T. Requena and Don Manuel M. Llano, the 
Governor of Nueva Leon. After considerable delay the 
articles of capitulation were agreed upon and signed late in 
the day, dated September 24, 1846. Ampudia was allowed 
to retire from Monterey, with his army and their small arms, 
with one small battery. An enormous amount of military 
stores and supplies, all s their forts and appurtenances, remained 
in the hands of the victorious Americans. The actual and 
final surrender took place on the 25th — the understanding 
being that the American forces would not advance for a period 
of eight weeks, beyond the line formed by the pass of the 
Rinconada — the city of Linares and San Fernando de Pusos, 
in Tamaulipas." 

Soon after the battle of Monterey, the Texian troops, being 
sixth months' men, were discharged and returned home. Here 
it seems appropriate to condense a statement in regard to the 
Texians more or less distinguished, who participated in the 
war with Mexico from May, 1846, to February, 1848. 

First, it is proper to state that, on the declaration of war, 
President Polk tendered the appointment of major-general in 
the United States Army to both Sam Houston and Thomas J. 
Rusk, the new senators from Texas. The brows of each 
were already encircled with the halo of military glory. The 
people of Texas felt honored by these tributes to two of their 
most distinguished heroes and patriots; but the desire was 
almost universal that these eminent men should remain in 
the Congress of the United States. They yielded to that 



334 HISTORY OF TEXAS. 

expression of the popular will and declined the tendered 
appointments. 

Beyond this marked evidence of regard for the leaders of 
Texas it is but justice to state other facts. These are, that 
among the distinguished volunteer officers at Monterey, who 
won plaudits from the official reports of the generals com- 
manding, were ex-President Mirabeau B. Lamar, ex- Vice- 
President Gen. Edward Burleson, ex-General (of the Texian 
Army, in 1836), Albert Sidney Johnston ; George T. Wood, 
Peter H. Bell and Edward Clark, afterwards governors of the 
State; Major W. E. Scurry (of Wood's regiment), Captains 
Ben McCulJoch, Tom Green, Walter P. Lane and Lieut. Ham 
P. Bee, afterwards generals in the Confederate army; Col. 
John C. Hays, afterwards surveyor-general of California, and 
Major Richard Roman, afterwards treasurer of California. 

In his report, September 28th, 1846, of the battle of 
Monterey, Gen. Worth said : 

"The General feels assured that every individual in the 
command unites with him in admiration of the distinguished 
gallantry and conduct of Col. Hays and his noble band of 
volunteers. Hereafter they and we are brothers, and we 
can desire no better guarantee of success than by their 
association." The Texas troops had scarcely reached home, 
when General Taylor called for a small "force of mounted 
Texians. A company of one hundred and ten was organized 
at San Antonio, with ex-Lieut. Walter P. Lane as captain, 
and Gouvenier Nelson as first lieutenant. This company (in 
which James W. Throckmorton, just entering man's estate, 
was a physician) was united with those of Capt. Robert H. 
Taylor, of Fannin, Capt. G. W. Adams of Victoria, and 
Capt. Gideon K. Lewis, of Corpus Christi, anex-Mier prisoner 
known as Legs Lewis. These companies constituted a bat- 
talion of which Michael Chevallie was major. Afterwards, at 
Saltillo, Chevallie resigned and Capt. Lane became major, in 
which capacity he performed much valuable service, including 



HISTORY OF TEXAS. 335 

a victorious battle with three hundred Comanches, in which he 
had four men killed and fourteen wounded. He killed nearly 
fifty of the Indians, captured three hundred horses and mules, 
six little Mexican girls and eight Mexican boys, who had 
been carried into captivity by the Comanches, all of whom 
were restored to their parents, sixty and eighty miles away. 
In one of his scouts (in which he was accompanied by Lieut. 
John Pope of the Topographical Engineers, afterwards a com- 
manding general of the Union forces in the civil war,) he 
recovered and brought to General Woll's headquarters the 
remains of the " black bean " Texian martyrs, from the haci- 
enda of Salado, where they were murdered as Mier prisoners, 
March 25th, 1843. These remains, in charge of Capt. John 
Dunsenbury, were escorted nearly five hundred miles and 
interred on Monument Hill at La Grange, Texas, as has 
been previously related. 

Having completed their term of service of a few months, 
Major Lane and his battalion were discharged at Camargo. 
On the discharge of Hays' regiment Capt. Ben McCulloch 
was appointed quartermaster with the rank of major of the 
United States Army, but returned to Texas with the promise 
to Gen. Taylor that, on the resumption of hostilities, he 
would return to him with a company of Texian scouts. The 
United States terminated the armistice agreed upon and pre- 
parations were at once made for a renewal of hostilities. Mc- 
Culloch at once raised the promised company and, on the 31st 
of January, 1847, he arrived at Monterey and, finding the 
army already on the march to Saltillo, continued on to 
that city, where he arrived on the 4th of February and 
reported to Gen. Taylor. His company was mustered into 
service for six months with orders to remain and recruit his 
horses until called upon. Gen. Taylor moved on to Agua 
Nueva, eighteen miles distant, where he established his head- 
quarters. Under his orders McCulloch repaired to his head 
quarters on the 15th of February, and was ordered to make a 



336 HISTORY OF TEXAS. 

reconnoissance as far as Encarnacion, a large rancho thirty 
miles distant, for the purpose of obtaining information in 
regard to the advance of Santa Anna's army. 

On the 16th McCulloch, with sixteen picked men, proceeded 
on this dangerous mission. At 11 o'clock at night he en- 
countered the enemy's pickets one mile from his destination. 
They were fired upon by about twenty of the enemy's cavalry 
drawn up in the road. McCulloch charged them and so hotly 
continued the pursuit that he was enabled to estimate the 
strength of the enemy at Encarnacion. His charge would 
seem to have been reckless but his position was as critical as 
perilous and in order to save his men and prevent the enemy 
from charging him, he was forced to pursue the course he 
did. It was quick work and there was no time for thought. 
The maneuver succeeded and they came off without pursuit 
and without loss. Having obtained the desired information 

re 

the detachment fell back and next day safely reached Agua 
Nueva. On the 20th of February Major McCulloch, under 
orders, left on another reconnoissance for Encarnacion, 
taking with him but four men besides his second lieutenant, 
Fielding Alston, and Lieut. Clark of the Kentucky infantry. 
Some miles on the way they met a Mexican deserter, who 
stated that Santa Anna had arrived at Encarnacion with 
20,000 troops. McCulloch sent the deserter back to Gen. 
Taylor and proceeded on his way. Moving through the 
chaparral and crossing the road twice, at about midnight they 
arrived in sight of Encarnacion, and found a very large Mexi- 
can force encamped there. Knowing the hazards before him 
he sent back Lieut. Alston and all of the party, excepting his 
trusted friend, Wm. Phillips, to report immediately to Gen. 
Taylor, the probable strength of the enemy, and to state that 
he would remain behind until daylight for the purpose of 
obtaining a fuller view of the enemy's camp and strength. 
In approaching the camp by another route they suddenly came 
in contact with the enemy's pickets, who immediately pursued 



HISTORY OF TEXAS. 337 

them. To be caught in the enemy's lines was certain death. 
To avoid this, McCulloch and Phillips galloped down towards 
the enemy's camp. This ruse misled the pickets into the 
belief that they were pursuing their own friends, trying to 
pass out. Falling back to a hill about a mile distant, they 
concealed themselves until daylight. At sunrise a heavy 
smoke settled down upon them, caused by the green wood of 
the Mexican fires, and prevented McCulloch from making 
further discoveries. He then started on his return. They 
had gone but a short distance, when they discovered two 
picket guards of twenty men each. They were stationed 
about a quarter of a mile apart on the forks of the road 
which separated, for about eight miles, and again met 
at the Kancho. McCulloch and Phillips were between 
the two roads and were compelled to pass between 
the two lines of pickets. The pickets, having been on 
guard all night without any fire, and it being very cold, had 
kindled large fires after daylight and, having tied their 
horses, were warming themselves, when the two scouts, 
holding down their guns and moving in a walk, passed out 
between them, the enemy taking them to be Mexicans hunting 
stray horses. At about eight miles they ascended a high hill 
at a watering place on the road, called Tanque La Vaca, to 
take a look. Here McCulloch expected to find and did find 
another picket of the enemy. He remained, making obser- 
vations, until nine o'clock, hoping the picket would be called 
in and, in the meantime, through his field glass, made observa- 
tions of the movements of the main army. He then avoided 
the pickets by keeping around the foot of the mountains ; 
passed them unobserved, and hastened towards Agua Nueva,in 
sight of which he arrived on the afternoon of the twenty-first. 
Not a tent was seen standing, but instead a long column of 
dust was visible on the route to Buena Yista, the army having 
been ordered to fall back immediately on the reception of 
the news sent by McCulloch through Lieut. Alston, and thus 

22 



338 HISTORY OF TEXAS. 

was General Taylor's army saved from destruction on the 
plain of Agua Nueva. At the camp McCulloch found Gen. 
Taylor awaiting him, who, on receiving McCulloch's final re- 
port, observed, " Very well, Major, that is all I wanted to 
know. I am glad they did not catch you," and mounting his 
horse they rode off for Buena Vista. 

A little prior to this, under orders from the government at 
Washington, Gen. Winfield Scott, the commander of the 
army of the United States, was ordered to take the field as 
commander-in-chief of the army of invasion to laud at Vera 
Cruz and thence march to the city of Mexico. To further 
this move a large part of the forces under Gen. Taylor had 
been withdrawn from him and sent by water from Matamoros 
to join General Scott at Vera Cruz. Thus depleted in 
strength, Taylor was left to command in the north and defend 
that already conquered region against the Mexican forces des- 
tined under Santa Anna in person for its reconquest and the 
destruction of Taylor's army. 

As we have seen, Santa Anna's army had already advanced 
to within a few miles of Taylor's final position at the pass of 
Buena Vista, or, as Santa Anna called it, La Angostura, 
meaning a narrow pass. Buena Vista, the name of an 
hacienda, was a broken valley, checked with gulches and deep 
ravines, only about three-fourths of a mile wide and flanked 
on either side by mountain ridges. Here on the 22d and the 
morning of the 23d, Gen. Taylor skillfully planted his re- 
duced force of about five thousand men, embracing, besides 
the regulars, volunteers from Kentucky, Illinois, Indiana, 
Arkansas, and Texas, with individual volunteers from other 
States. Santa Anna arrived in front of this position with 
fully twenty-five thousand men, on the afternoon of February 
22d, 1847, and opened the battle. Thence until twilight on 
the 23rd, was fought one of the most unequal, stubborn and 
bloody battles before or since known on the American conti- 
nent. The details cannot be given in this work, but it can 



HISTORY OF TEXAS. 339 

be said that the troops from every State represented, and the 
regulars, covered themselves with glory. Colonel Lincoln, of 
the regulars, and Colonels McKee and Henry Clay, Jr., of 
Kentucky, John J. Hardin, of Illinois, Archibald Yell, of 
Arkansas, and a host of the gallant sons of each State died as 
only the brave and true can die. Col. Jefferson Davis and the 
Mississippi Eiiles shed imperishable renown on their country. 
Bissell and Richardson, of Illinois, equally honored their State, 
as did the sons of Indiana. Gen. Wool of the regulars and 
the old North Carolina hoosier, of Indiana, Joseph Lane, 
general of volunteers, won the admiration of the heroes they 
commanded. In the artillery, Captains Braxton Bragg, John 
P. J. O'Brien, Vinton and others, were equally distinguished, 
while Gen. Taylor won the admirable and applicable appel- 
lation of " Old Rough and Ready." The enemy displayed a 
valor worthy of praise. Many of their noblest leaders sur- 
rendered their lives in the struggle for victory, the most 
lamented and promising of whom was the young General 
Lombardino, whose fearless bearing won the spontaneous 
admiration of the American army. The sun of the 23d went 
down leaving the two armies in deadly array. The rising sun of 
the 24th revealed the fact that Santa Anna, despairing of 
success, had abandoned the field and retired towards the south. 
Our victory was thus rendered complete, but it was dearly 
bought. Thousands of hearts in the United States were yet 
to bleed on receipt of the tidings. 

This was the last serious conflict in Northern Mexico during 
the war. But blood was yet to mark the route 279 miles from 
Vera Cruz to the city and valley of Mexico. 

It thus happened that Texas was not represented at Buena 
Vista as she had been at Monterey ; but Gen. Taylor 
bestowed unstinted praise on Major Ben. McCulloch and his 
men, and on the noble and chivalric German, Captain August 
Buchel, of Indianola, Texas, who went through the sanguinary 
scene as an aid on his staff. Capt. O'Brien, who stood 



340 HISTORY OF TEXAS. 

by his battery till every man fell and then, severely wounded, 
left it to the enemy, in 1849, died in Indianola as quarter- 
master of the United States army. 



HAYS' SECOND REGIMENT. 

In April and May, 1847, Col. John C. Hays, at San 
Antonio, was elected colonel of his second regiment of Texas 
Rangers, mustered in for twelve months, or during the 
war. 

The companies of Capt. Middleton T. Johnson, Shaply P. 
Ross, Samuel Highsmith, James S. Gillett and Henry W. 
Baylor, were formed into a battalion and stationed separately 
along the Rio Grande and Indian frontiers, commanded by 
Lieut. -Col. (afterwards Governor) Peter H. Bell. Some of 
them, at least the company of Baylor, rendered some service 
on the Mexican side of the Rio Grande. . 

The other five companies commanded by Captains Jacob 
Roberts, Gabriel M. Armstrong, who was succeeded by Alfred 
Evans ; Isaac Ferguson, who died and was succeeded by 
Ephraim M. Daggett; Stephen Kinsey, who resigned and was 
succeeded by Preston Witt, and Alfred M. Truitt, who became 
major and was succeeded by Chaucer Ashton, who died and was 
succeeded by Alexander E. Handley. Of these companies 
Hays in person was colonel, Samuel H. Walker, lieutenant- 
colonel, Michel Chevallie and Alfred M. Truitt, successively, 
majors, and John S. Ford, adjutant. They marched to 
Laredo, thence down the west side of the Rio Grande to its 
mouth and thence by water to Vera Cruz, where their brill- 
iant career began on the route to the city of Mexico, a career 
signalized by a series of daring events that rendered famous 
the achievements of " Hays' Texas Rangers " wherever the 
English language is spoken. They were here, there and 
everywhere on the great interior table lands of Mexico, 



HISTORY OF TEXAS. 341 

largely operating as a part of that wing of the army under 
command of Gen. Joseph Lane of Indiana, who had already 
won his spurs at Buena Vista. No body of mounted troops 
ever won greater fame in the same length of time. It is not 
admissible, in this work, to follow their movements and brill- 
iant achievements. They became a terror to the hitherto 
audacious bands of Mexican guerrillas and freed the highways 
of those pestiferous troopers. Gen. Scott and the chiefs 
of the army, were lavish in praise of their almost daily 
achievements and so it continued till peace was made. 
In one of their assaults in the ancient town of Huamantla, on 
the plains of Puebla (the ancient Tlascala), while in the dis- 
charge of a hazardous duty, Lieut. -Col. Samuel H. Walker 
fell, pierced in the brain by a ball fired from the steeple of a 
church. All Texas — all the army, his native State, Mary- 
land, and Georgia and Florida, where he had won honor in 
their Indian wars — mourned his loss and honored his 
memory. 

In numerous cases, immediately following the close of the 
Mexican war, volunteer companies of Texas rangers were 
called into the service of the United States and placed along 
the Indian and Mexican frontiers. Among those who, in 
1848, 1849 and 1850, for longer or shorter periods, com- 
manded these companies, were Captains Samuel Highsmith, 
— Sutton, John J. Grumbles, Win. A. A. Wallace, Henry 
E. McCulloch, Jerome B. McCown and John S. Ford. 



GENERAL TAYLOR ON THE TEXIANS, AND SENATOR 
SAM HOUSTON'S REPLY. 

On the 3d of July, 1850, while General Taylor was Presi- 
of the United States, and Gen. Sam Houston a senator from 
Texas, the boundary of Texas being under consideration, and 
the United States military authorities exercising jurisdiction 



342 HISTORY OF TEXAS. 

over that portion of the territory of Texas which embraced all 
of the former New Mexico, Senator Houston delivered an 
elaborate and powerful speech vindicating the right of Texas 
to that territory and denouncing in bitter terms the preju- 
dice of President Taylor against Texas and her volunteers in 
the Mexican war, and charging that, not only as a general of 
the United States army, Gen. Taylor had slandered and mis- 
represented the character of the Texians, but that now, as 
President of the United States, he was manifesting the same 
unfounded prejudice. He quoted from repeated communi- 
cations of Gen. Taylor, while commanding in Mexico, to the 
Secretary of War, abounding in these ill-timed and unjustifi- 
able allegations against the soldiers of Texas. He sustained 
his position, beyond question, by repeated quotations from 
the official reports. Gen. Houston referred most eloquently 
to the gallantry of the Texians, both mounted and infantry, 
on the march from Matamoros to Monterey, including the 
daring achievements of Hays and McCulloch; to the almost 
reckless heroism of Hays' regiment in storming ^and captur- 
ing both Independence Hill and Bishop's Palace; and paid 
special tributes to Lieut-Col. Walker and to Captain R. A. 
Gillespie, who fell in the assault on the Hill. ,He showed 
that at the same time, in the three days' assault upon the main 
city, the Texian infantry (under Col. George T. Wood and 
General James P. Henderson), had performed prodigies of 
valor and also that to Major Ben McCulloch and his scouts, 
Gen. Taylor was indebted for information of the approach of 
Santa Anna and thereby had time to abandon his defenseless 
position at Agua Nueva, and fall back to his Gibraltar of 
defense at Buena Vista. He also succinctly narrated the 
gallant deeds and invaluable services of Hays' regiment from 
Vera Cruz to the city of Mexico, and referred to the death of 
Lieut. -Col. Walker and other brave Texians, the command 
throughout receiving the highest commendations of Gen. 
Scott, Gen. Jo Lane and the most distinguished officers of the 



HISTORY OF TEXAS. 343 

army from other States. It is sufficient to say that Gen. 
Houston's vindication of the Texian troops in the Mexican 
war against the unseemly prejudice of Gen. Taylor, was just, 
bold, triumphant ! Gen. Houston also asserted that if at the 
time when Gen. Taylor reached the Rio Grande in the spring 
of 1846, five hundred Texas rangers, properly armed, had 
been employed, they could have prevented Gen. Arista and 
the Mexican army from crossing to the east side of the Rio 
Grande and thereby virtually prevented the war. Indeed, he 
bestowed the highest praise, and no living man knew them 
better, upon the Texian troops engaged in the Mexican war 
from the first voluntary rally of Capt. Samuel H. Walker and 
his handful of men at Palo Alto and Resaca de la Palma to 
their last achievements around the city of Mexico. 

The treaty of peace was signed on the 2d of February, 
1848, at Guadalupe Hidalgo, four miles from the city of 
Mexico ; but Hays' regiment remained in the service until the 
withdrawal of the last of the army in June, when it embarked 
at Vera Cruz and returned home. It was the most popular 
body of troops that ever represented the United States on 
foreign soil. Wherever any of his prominent men appeared 
in the next two years, from Boston to New York, Philadel- 
phia, Baltimore and Washington to St. Louis, Nashville and 
Charleston, they were honored as the bravest of the brave, 
and never did one of them cast a stain upon the escutcheon 
of the command. No Texian of that day, or this, withheld, 
or ever will withhold admiration for the distinguished charac- 
ter and achievements of Gen. Zachary Taylor, and it is a sad 
reflection that almost at the moment Gen. Houston felt called 
upon to make these utterances in defense of his people, the 
commander at Monterey and Buena Vista and president of 
the United States, was suddenly called to pass from earth. 



344 HISTORY OF TEXAS. 



THE COMPROMISES OF 1850 AND THE BOUNDARIES 

OF TEXAS. 

Anticipating the order of events, it is proper here to refer 
to certain matters growing out of the Mexican war. By the 
treaty of Guadalupe Hidalgo, Mexico, for the consideration 
of $10,000,000.00 ceded to the United States all that vast 
territory now embraced in California, Nevada, Utah, a large 
portion of Colorado, all of Arizona, apart of Kansas, and all 
the territory claimed by Texas. The question of slavery in- 
terfered in the deliberations of Congress. Military govern- 
ments were established in California and New Mexico; Santa 
Fe, the capital of the latter, and claimed by Texas, being the 
military headquarters of that section ; the claims of that por- 
tion of the country by Texas were ignored by the United States 
through its military officers. Bitter conflicts of opinion arose, 
largely based upon the question of the extension of slavery, 
disturbing the peace of the country until the Congress of the 
year 1850, since known as the year of compromises. Long 
debates ensued, many propositions were made and the country 
kept in a state of suspense. Finally, in August, a bill intro- 
duced by Senator James A. Pearce, of Maryland, which passed 
that body, and on the 4th of September passed the House, 
was signed by the President on the 7th, and immediately 
communicated to the Governor of Texas, Peter H. Bell. He 
immediately called a session of the legislature to act upon it. 
That bill fixed the boundary of Texas as it has ever since 
existed, and under it the United States agreed to pay Texas 
$10,000,000„00 in five per cent interest bearing stock, redeem- 
able at the end of fourteen years, with a proviso, however, 
that only five millions should be issued at the time, and five 
millions retained to idemnify the United States against the 
claims of that portion of the creditors of Texas, for whose 
payment the custom house dues of the late republic were 






HISTORY OF TEXAS. 345 

pledged, basing their claims on the very reasonable ground 
that that source of revenue had been acquired by the United 
States, under the treaty of annexation. Notwithstanding 
there was great opposition to the bill on various grounds, on 
the 25th of November, 1850, the legislature of Texas passed 
an act accepting the propositions of the United States, 
declaring: 

"That the State of Texas hereby agrees to, and accepts 
said propositions ; and it is hereby declared that the State 
shall be bound by the terms thereof, according to their true 
import and meaning." 

The act took effect from its passage and was at once trans- 
mitted by the Governor to the President of the United States. 
This settled the whole controversy, and only required the sub- 
sequent running of the new boundary lines agreed upon, which 
were as follows : Beginning on the existing boundary at the 
meridian of one hundred degrees west from Greenwich ; where 
it is intersected by the parallel of thirty-six degrees thirty 
minutes north latitude, and thence running on said latitude 
to the meridian of one hundred and three degrees west from 
Greenwich ; thence due south to the thirty-second degree of 
north latitude; thence on that degree west to the Eio Bravo 
del Norte, and thence with the channel of said river to the 
Gulf of Mexico. It may be added that the remainder of the 
boundary of Texas is as follows: Running from the mouth of 
the Rio Grande, three marine leagues from the coast, to the 
mouth of Sabine Lake ; thence up said lake or bay and Sabine 
River to latitude thirty-two north ; thence due north to Red 
River ; thence up said river to longitude one hundred west from 
Greenwich ; thence due north to the initial point as herein 
described, to the intersection of the one hundredth meridian 
and north latitude thirty-six degrees thirty minutes. 

This settled the entire boundary question so far as Texas 
was concerned, excepting the pending dispute as to which 
branch of Red River, the north or main fork or Prairie-dog- 



346 HISTORY OF TEXAS. 

town-river was intended in the treaty of 1819 between Spain 
and the United States, involving the present territory of 
Greer County, Texas, covering an area of about 1,800,000 
acres. The question by an act of both Congress and Texas in 
1890 was submitted to the Supreme Court of the United 
States, and now (1892) is still pending before that tribunal. 

By this adjustment of boundaries, Texas sold to the United 
States 98,380 square miles, or 56,000,000 acres. Clay's bill 
would have taken from Texas the fifty-four counties now in 
the Panhandle. 

We now return to the regular order of events. During 
the absence of Governor Henderson in Mexico, his position 
was satisfactorily filled by Lieut. -Gov. Albert C. Horton. 
The biennial election for Henderson's successor, in November, 
1847, resulted in the election of Col. George T. Wood, of 
Polk County, late commander of the 2nd Texas regiment at 
Monterey, and John A. Greer as Lieut. -Governor. Wash- 
ington D. Miller was appointed Secretary of State ; John 
W. Harris and H. P. Brewster were successively made Attor- 
ney-General; James B. Shaw, Comptroller; James H. Eay- 
mond, Treasurer; Thomas Win. Ward, Commissioner of the 
Land Office; John D. Pitts, Adjutant-General, and John M. 
Swisher, Auditor. Gov. Wood took a very decided stand in 
favor of the rights of Texas to the Santa Fe territory. 
Under an act of the legislature he sent a district udge ( Spruce 
M. Beard) and other civil officers to organize and hold court 
under the jurisdiction of Texas, but the military commander 
of the United States ignored them and proceeded to order an 
election for a territorial delegate from New Mexico to the 
United States Congress — a military usurpation which to this 
day excites the indignation of all the old citizens of Texas. 
And so matters remained, despite the patriotic efforts of 
Governor Bell, the successor of Wood, until the adjustment 
of 1850 as previously narrated. 



HISTORY OF TEXAS. 347 



SUFFRAGE. 

The State constitution of 1845 changed the manner of vot- 
ing from that made under the Republic — the ballot system — 
to the old Virginia and Kentucky plan of voting viva voce, 
viz., the voter publicly calling out the names of the per- 
sons for whom he voted ; with a proviso, however, that the 
legislature might do away with the new and re-establish the 
old plan. One or two experiments under the viva voce plan 
generated so much ill-feeling among neighbors that it was 
abandoned and the ballot system re-established whereby every 
voter has the right to fold his ticket and vote a secret ballot, 
if he so prefers. Experience has proven not only in Texas 
but elsewhere the wisdom of this plan, as it secures to em- 
ployes and dependents great but not entire protection against 
interference with their personal rights by corporations and 
employers. Still it has been shown that this righteous pro- 
vision of the law, especially in large cities and manufacturing 
districts, has been evaded and trampled under foot by artifices 
needless to mention. 

In the year 1848 many depredations were committed by the 
Indians on the frontier, causing several companies of rangers 
to be called into the service. In the winter of 1848-9 an ex- 
pedition, under the leadership of Col. John C. Hays, escorted 
by the ranging company of Capt. Highsmith, left San An- 
tonio for the purpose of finding a route for a wagon road 
from San Antonio to Chihuahua and El Paso, which hitherto 
had had no such connection. They crossed the Pecos and 
struck the Rio Grande too low down and failed to reach either 
point of destination, but soon afterwards the route, as after- 
wards traveled by troops, wagon trains, and yet later by over- 
land mail-stages, was opened, and so remained until virtually 
superseded first by the Texas and Pacific and second by the 
Southern Pacific railroad. 



348 HISTORY OF TEXAS. 

With the opening of 1849 the California gold fever made 
its appearance in Texas and caused thousands of its most en- 
terprising and daring men to brave dangers, from Indians, 
desert regions and scarcity of water and food, and flock to 
those regions. In many cases, intense suffering attended 
these expeditions, especially among women and children, who 
accompanied husbands and fathers. A heavy per cent of these 
people returned to Texas in from one to three or four years. 
Many died and occupy unmarked graves in the mining dis- 
tricts. The majority probably remained in California, some 
to become prominent in public affairs, among whom were Col. 
Hays, afterwards sheriff of San Francisco, Major Richard 
Roman, Captain Joseph Daniel, and, a little later, ex-Con- 
gressman Volney E. Howard. Among those who intended to 
return to Texas, was Governor Henry Smith, who died in a 
mountain camp east of Los Angelos, March 4th, 1851. Among 
those who remained for a time and returned were Major Ben 
McCulloch who served as the first sheriff of Sacramento, 
James W. Robinson (Lieut-Governor in 1835-6) settled, and 
died some years later, in San Diego. Todd Robinson and A. 
P. Crittenden, prominent men of Brazoria, Lewis B. Harris 
of Harrisburg, Wm. H. Rhodes andE. S. Cobb, of Galveston; 
also E. M. McLane, ChasN. Creaner, of Victoria, George W. 
Trahern, Simon L. Jones, Capts. Kit Aclin and John Mc- 
Mullen were types of hundreds, perhaps thousands of valuable 
citizens lost to Texas by the golden allurements for several 
years offered by California. 

At the election in November, 1849, Col. Peter H. Bell was 
elected Governor and John A. Greer of San Augustine was re- 
elected Lieutenant-Governor; James Webb, first, and Thomas 
H. Duval, second, became Secretary of State; A. J. Hamilton 
and Ebenezer Allen, successively Attorneys-General ; James 
B. Shaw, Comptroller ; James H. Raymond, Treasurer ; 
George W. Smyth, Commissioner of the Land Office; John 
M. Swisher, Auditor, and Ben F. Hill, Adjutant-General. 



HISTORY OF TEXAS. 349 

At the election in 1847, Timothy Pilsbury and David S. 
Kaufman were re-elected to the United States Congress. In 
1849, Kaufman was elected the third time, but Volney E. 
Howard, of San Antonio (lately deceased in California), suc- 
ceeded Pilsbury. Howard and Pilsbury were natives of Maine. 

As has been stated the Santa Fe question was at its height 
when Gov. Bell went into office, and it has been shown how 
firmly he stood by the rights of Texas until the matter was 
adjusted. 

THE CHOLERA IN TEXAS. 

The first appearance of this dread disease (so far as re- 
membered) was in the year 1833, when it appeared in Vic- 
toria, Brazoria, and perhaps a few other places, and carried 
off a number of prominent and valuable citizens, among 
whom were Don Martin De Leon of Victoria ; Capt. John 
Austin, and D. W. Anthony, editor of the Constitutional Ad- 
vocate, published in Brazoria. The Constitutional Advocate 
of May 11th, says; " The disease was brought to the mouth of 
the Brazos about three weeks before, and that the following 
persons had died there previous to its publication, viz.: Capt. 
Anthony Clark, Dr. J. C. Catlin, Mrs. Eliza Chase, John M. 
Porter, Beverly A. Porter, Charles Chapman and two negroes." 

The next appearance of cholera in Texas was in Port 
Lavaca in December, 1848. Of 260 newly arrived troops of 
the United States army, under Major Pitcairn Morrisson, en- 
camped on a brackish bayou in the vicinity of the town, nearly 
one half died in a few days, together with a family of five 
persons encamped with them, all drinking of the brackish 
water of the bayou, while neither of the officers at the hotels, 
nor any citizen of the town where cistern water was exclu- 
sively used, was stricken with the disease. The remainder of 
the troops being moved to a large building, and supplied with 
cistern water, the malady disappeared as if by magic. The 
disease appeared next at Indianola, in February, 1849, having 



350 HISTORY OF TEXAS. 

been brought from New Orleans, from which place a weekly 
steamer arrived via Galveston, and from Mobile in an immi- 
grant vessel, on which a number of negroes died, some at sea 
and others after arriving. The people of Indianola, with few 
exceptions, used water from shallow wells, and the disease 
proved very fatal. Those who used cistern water were 
exempt, and at Lavaca, except among transient persons, the 
exemption was almost universal, and yet they were as much 
exposed, otherwise, as were the people of Indianola. In 
Galveston, where the people used nothing but cistern water, 
and were much more exposed by intercourse with New 
Orleans, there was no cholera among the citizens, the disease 
being confined to arrivals from other places. By way of In- 
dianola the disease was carried to San Antonio and proved 
very destructive to human life. Among its victims was Major 
General William J. Worth, of the United States army, re- 
cently arrived at that place. The most intelligent and 
observing men, with these opportunities of observation, be- 
came convinced that a people confined to the use of cistern 
water, are not subject to this fearful scourge. This opinion 
was also greatly strengthened by similar experience at 
Savanah, Georgia, and the freestone water regions of Georgia, 
Alabama, and similar districts of country, while in the lime- 
stone regions of the valley of the Mississippi, as before and 
since repeated, at St. Louis, Cincinnati, Louisville, Lexing- 
ton, Nashville, and elsewhere, its ravages have been terrible. 

THE LATER COLONIES. 

The origin of the later colonies of 1841 to 1844 has been 
already given. Now in 1849 their work had been substan- 
tially accomplished, by the introduction into North Texas of 
a large and valuable agricultural population, the introduction 
of a similar population -into the German colony, with its 
headquarters at Fredricksburg, and the successful labors of the 




GOV. HARDIN R. RUNNELS 



HISTORY OF TEXAS. 351 

indefatigable Henry Castro, who had secured a good foot-hold 
for his colonies on and west of the Medina. The beneficial 
effects of these enterprises, in extending and populating the 
then frontier, in view of the enfeebled condition of the coun- 
try at that time, can scarcely be estimated at this day. The 
history of the German and French colonies, menaced as they 
constantly were with Indian tribes, suffering much from 
depredations, unacquainted with the country and its language, 
and during the year of 1846 facing disease and death on their 
route from Indianola to their mountain destinations, reveals 
both moral and physical courage, worthy of the highest ad- 
miration. Even their descendants of this day can form no 
adequate conception of the hardships endured by them from 
1843 to 1848. The respective regions in which they settled, 
as seen to-day, reflect the wisdom of Presidents Lamar and 
Houston and the Congress of Texas in initiating and fostering 
not only these colonies but those of Peters and Mercer in North 
Texas. It should be added that Governors Henderson, Wood, 
and especially Governor Bell, manifested the warmest interest 
in the success and defense of these infant settlements. The 
effect of the two southwestern colonies, the German and the 
French, was to make known and extensively popularize 
Texas in the countries from which those emigrants came. 
The character of the French has already been stated. Among 
the Germans was a large per cent of educated, progressive and 
liberal-minded men, who proved to be valuable acquisitions 
not only to the material interests of all the country, but to its 
literary and scientific knowledge. 

A notable event in the year 1850, though only indirectly 
affecting Texas, was the passage through the State from India- 
nola to El Paso of the commission on the part of the United 
States to act in concert with that on the part of Mexico, in 
establishing and marking the boundary line between the two 
countries, from the Kio Grande at the intersection of the 
thirty second degree of north latitude to the Pacific ocean. 



352 HISTORY OF TEXAS. 

The American commissioner was John R. Bartlett of Provi- 
dence, R. I., at the head of a splendid corps representing the 
sciences of astronomy, topography, botany, mineralogy, and 
kindred sciences. In these sciences every State in the Union 
had at least one representative, among them many promising 
young men who afterwards became distinguished. Among 
the more conspicuous United States officers were, Col. James 
D. Graham, of the Engineers, and Lieut. Isaac G. Strain, of 
the United States Navy. They landed at Indianola, at that 
time the military depot for the United States on the coast of 
Texas, and proceeded, with a wagon train bearing every 
needed supply in scientific instruments, provisions and cloth- 
ing, and .were escorted by a mounted body of young men 
under Lieut. Strain. From San Antonio they also had a 
military escort, successfully made the trip, and in due time 
accomplished their mission, not, however, until, under the 
" Gadsden purchase," the line was deflected more southerly 
than the original boundary, by which was secured a better 
route for a railroad through Arizona . 

THE SEAT OF GOVERNMENT. 

Under a provision of the constitution of 1845 an election 
was held in 1850 for the location of the seat of government 
for twenty years. 

Austin, the existing site, was rechosen by a large majority 
over Tehuacano Hills, now the seat of Trinity University. 
The twenty years expired in 1870, but the election could not 
be held until November, 1872, when Austin was again elected 
by a majority of 15,355 over the combined vote of Houston 
and Waco. Considering its splendid location, its magnificent 
State capitol, unsurpassed by that of any other State in the 
Union ; its State University, and numerous educational institu- 
tions ; and asylums for the insane, the deaf and dumb, and 
the blind, Austin seems destined to remain perpetually the 
capital of the State. 






CHAPTER XXX. 
BELL'S SECOND ADMINISTRATION. 

Peter W. Bell was re-elected Governor in November, 1851, 
with James W. Henderson, of Harris County, Lieutenant- 
Governor; James Webb and Thos. H. Dnvall were respectively 
Secretaries of State; A. J. Hamilton and Ebenezer Allen 
were respectively Attorneys-General; James B. Shaw, 
Comptroller; James H. Raymond, Treasurer; John M. 
Swisher, Auditor ; George W. Smyth, Commissioner of the 
Land Office; and Dr. Charles G. Keenan, Speaker of the 
House of Representatives. 

Governor Bell, being elected to Congress, resigned a few 
weeks before the expiration of his term, to take his seat in 
that body, and Lieut. -Gov. Henderson filled out the term. 

Following the sale of the Santa Fe territory to the United 
States, the legislature enacted laws for ascertaining, adjusting 
and liquidating so much of the public debt as was not affected 
by the custom house dues. An auditorial board was created, 
and the State determined to pay the indebtedness upon what 
became known as the scaling system, by which is meant, 
liquidating the debts, contracted by the issue of the depre- 
ciated paper, with a fair approximation to the actual par 
value of the treasury notes at the time of their payment by 
the government, but in all cases where below par value, the 
debts were scaled to a standard considerably above the actual 
par value at the time of payment. This is evidenced by the 
fact that, while some of these obligations were paid out at 
ten per cent on the dollar, yet only one such payment was 
scaled as low as twenty cents on the dollar; one at twenty- 

23 (353) 



354 HISTORY OF TEXAS. 

five; two at thirty ; three at fifty; one at seventy; one at 
eighty-seven; and two at one hundred cents on the dollar. 
Anticipating events, it may be stated that the creditors of 
Texas who claimed pledges of the custom house revenues, 
and for whose benefit the United States had retained 
$5,000,000.00, claimed a higher scale than that fixed by the 
State, whereupon a compromise was effected, paying a some- 
what higher' scale, satisfactory to both parties, and thus the 
revolutionary debt of Texas was wiped out of existence. 

During Gov. Bell's administration additional measures were 
adopted looking to the adjustment of all the difficulties pend- 
ing in Peters' colony, which, as heretofore stated, were finally 
completed during Pease's administration, by granting the 
premium-lands claimed by the contractors, fa*rther west, and 
allowing every colonist to retain the full amount of land to 
which he was entitled, viz., six hundred and forty acres to 
each head of a family and three hundred and twenty acres to 
each single man who settled within the colony prior to Jan- 
uary first, 1848. The most populous portion of Texas is now 
embraced within the bounds of this colony. 

RAILROADS AND EDUCATION. 

As early as 1847 the public mind of Texas was drawn to 
the necessity of railroads as a means of developing the vast 
territory of the State, deprived as it was of interior navigation, 
excepting in mere neighborhoods on the coast and at Jeffer- 
son on the extreme northeast, and even at that time, before 
the treaty with Mexico, by which the United States acquired 
the immense territory between Texas and the Pacific ocean, 
there were far-seeing minds in Texas advocating through the 
press and public meetings a trans -continental railway from 
the coast of Texas to San Diego in California. One such 
meeting was held in the town of Victoria late in 1846 in which 
substantially the route now followed by the Southern Pacific 



HISTORY OF TEXAS. 355 

Railroad was warmly advocated.- Three or four years later 
Senators Thomas J. Rusk and Sam Houston and other men 
of high character, became the earnest advocates of what is 
now the Texas and Pacific Railroad, destined, after passing 
through many changes and many doubtful stages, and by the 
blending of different charters, to ultimate fruition in 1881. 

The pioneer road of Texas was that projected and inaugu- 
rated in 1853, by Gen. Sidney Sherman and his associates. 
It was first constructed from Harrisburg, on Buffalo Bayou, 
about twenty miles to Stafford's Point, and was known as the 
Galveston, Harrisburg and San Antonio road. A few years 
later it reached Richmond on the Brazos, and about 1860, 
it halted at Alleyton, three miles east of Columbus on the 
Colorado, and there remained until after the war between the 
States. 

The Houston and Texas Central Road, by the indomitable 
perseverance of Paul Bremond, sustained by the enterprising 
citizens of Houston, was begun in 1853-4, and, under many 
difficulties, halted first at Cypress, next at Courtney, then at 
Hempstead, next at Navasota and just previous to 1861, at 
Millican, and there remained for several years. 

Between 1856 and 1860, the Texas and New Orleans road 
was opened from Houston, via Liberty and Beaumont, to 
Orange on the Sabine. Before 1860, also, the Gulf, West 
Texas and Pacific Road was built thirty miles from Port 
Lavaca to Victoria. 

In granting railroad charters after 1850 — about 1853 or 
1854 — a theory, previously advocated, assumed legal form, 
in granting to railroads, sixteen sections of public lands for 
each mile of railroad constructed in the State, upon various 
conditions, the chief of which was, that the roads should have 
the lands sectionized at their own expense, receiving as their 
bounty every alternate section, while the other half was set 
apart in perpetuity as a part of the permanent fund for the 
support of a system of free public schools. This grand pro- 



356 HISTORY OF TEXAS. 

yision, modified and enlarged from time to time, is the base 
and corner-stone of that system of free education now bless- 
ing the State; unsurpassed in its magnitude by that of any 
other State or nation in the world, of which more will be 
stated later. 

INDIAN FIGHTS. 

(It is not within the purview of this work to chronicle a 
history of the Indian wars of Texas, beyond simple allu- 
sions to the more important events. That labor, in order to 
do ample justice as far as possible, to the citizenship of the 
country, who, largely unaided by government, from 1822 
until after the close of the war between the States, clothing, 
arming, feeding and mounting themselves, reclaimed and 
preserved the country from savages and, by their blood and 
suffering, dedicated Texas to freedom. This labor the author 
of this work has endeavored to perform in a separate volume 
entitled The Indian Wars and Pioneers of Texas. Brief ac- 
counts, however, of a few encounters with the savages as 
examples of the whole, are here inserted from that volume.) 



From the 8th of June, 1846, to November 4th, 1851, Henry 
E. McCulioch commanded six different companies of Texas 
rangers called into the service of the United States, some for 
six and some for twelve months. In November, 1850, under 
the orders of Gen. Brook he became captain of the 5th com- 
pany. He was stationed on the Aransas River and rendered 
important service in checking frequent raids of Indians into 
that portion of the coast country. 

The company, being six months' men, were discharged at 
Fort Merrill, on the Nueces, on the 4th of May, 1851, but 
reorganized as a new company for another six months on the 
next day. Capt. Gordon Granger (a Federal general in the 



HISTORY OF TEXAS. 357 

war between the States), was the officer who mustered out the 
old company and remustered them in the new. 

Of this second company (the sixth and last one in the 
service of the United States commanded by the same gentle- 
man), Henry E. McCulloch was unanimously elected captain, 
Milburn Howell first and William C. McKean second lieuten- 
ant; Oliver H. P. Keese, orderly sergeant ; the other sergeants 
being Houston Tom, Thomas Drennan and James Eastwood ; 
the corporals were John M. Lewis, Abner H. Beard, Thomas 
F. Mitchell and Archibald Gipson ; Win, J. Boykin and James 
E. Keese, buglers ; John Swearinger, blacksmith ; Thomas 
Sappington, farrier. There were seventy-four privates and a 
total in rank and file of eighty-nine. 

In the meantime Gen. Brooke died in San Antonio and 
Gen. Wm. S. Harney had succeeded to the command. He 
directed Capt. McCulloch to take such position in the moun- 
tains, covering the headwaters of the Guadalupe, Piedernales, 
Llano and San Saba, as, by a system of energetic scouting, 
would enable him best to protect the settlements inside, in 
reality covering most of the country between the Upper 
Nueces and the Colorado. About the first of June Capt. 
McCulloch established his headquarters on the north branch 
of the Llano Eiver, about ten miles above the forks, and 
thenceforward had daily reports from a long [line of obser- 
vation. This active service, without any important action 
or discovery, continued until early in August, when the 
scouts reported a considerable and fresh Indian trail to the 
west of the encampment bearing from the lower country in a 
northerly direction. 

Capt. McCulloch with a detail of twenty-one men started 
out in immediate pursuit. These men were Oliver H. P. 
Keese, Houston Tom, Archibald Gipson, Thomas Sappington, 
William W. Ashby, Alex Brown, Jeremiah Campbell, Henry 
Dillard, B. Harris, Montreville Howell, Edward Hall, William 
A. Keese, Christopher McCoy, William L. (Brack) Mitchell, 



dOb HISTORY OF TEXAS. 

John L. McKean, Herman L. Kaven, William G. Kector, 
John B. Slack, Abraham Vanderpool, Karl Walter and 
William Williams, in all twenty-one men. 

Following the trail, rendered very plain by the number of 
stolen horses driven by the Indians, it became manifest that 
the robbers apprehended no danger and were traveling 
leisurely. On reaching the south branch of the San Saba, not 
far from its source, it became certain that the enemy was 
near by. Capt. McCulloch, halting the company, with Chris. 
McCoy, went forward, soon to discover the Indians encamped 
on a deep branch, evidently feeling secure, and their horses 
grazing at some distance from them. A plan of attack was 
at once adopted. A charge was so made as to cut the 
horses off and the Indians took position in the branch, but 
betrayed more of a desire to escape than to fight. The 
rangers, inspired by their captain, crowded upon them when- 
ever and wherever it could be done without reckless exposure 
to their invisible shots. Some of the squaws with bow and 
arrow, fought as men and two would have been killed in the 
deadly melee but for the discovery of their sex, upon which 
they were overpowered and disarmed, this being the highest 
manifestation of chivalry possible under the circumstances, 
including of course the safe custody of the captured ladies. 
Herman L. Eaven was wounded by one of the squaws. 
Jeremiah Campbell's horse was killed by a rifle ball. The 
Indians were closely pressed as they retreated down the 
branch until they found security in the thickets on its borders. 

Seven or eight warriors were left dead on the ground. All 
the horses and other property of the Indians were captured. 
It became evident that the raiders had been robbing Mex- 
icans on the Kio Grande. On reflection Capt. McCulloch 
furnished the two squaws horses and outfits, telling them to 
find their people and say to them that if they would come 
into Fort Martin Scott (two and a half miles east of Fred- 
ericksburg, and on the Piedernales), bring in any prisoners 



HISTORY OF TEXAS. 359 

they might have and pledge themselves to cease depredations 
on the frontier, their horses and effects would be restored to 
them. This offer was accepted and carried into effect. 
Ketemsi, chief of the defeated party, contended that he had 
been warring on Mexicans only, and it was not right for 
Texians to attack him — a position untenable while he passed 
over and occupied Texas soil in his hostile movements against 
people with whom we were at peace. But in truth he was 
ready to rob and slay Texians as well as Mexicans. 

The company continued in active service till the expiration 
of their period of enlistment, when, on the 5th of November, 
1851, they were mustered out at Fort Martin Scott. As 
previously stated, they were mustered in at Fort Merrill by 
Capt. Gordon Granger, afterwards a distinguished Union 
general in the civil war. They were mustered out by Captain 
James Longstreet, an equally distiDguished general on the 
Confederate side in the same war. 

ed. burleson's fight in 1851. 

In 1850-51, Edward Burleson, son of the distinguished 
general of that name, was a lieutenant of Texas rangers, 
stationed at Los Ojuelos, in the lower Kio Grande country. 
On the 27th of January, 1851, in charge of a small detach- 
ment of men, he was returning from San Antonio, to his 
camp, when on the Laredo road, not far from the Nueces, on 
the west side, three mounted Indians were discovered. 
Directing the remainder of his men to continue the march, Bur- 
leson selected eight men and pursued the enemy. After a 
chase of about three miles, the Indians suddenly halted and 
faced about, when eleven warriors appeared on foot, all pre- 
pared for a fight, which proved to be desperate. Burleson 
charged up almost among them, when, by some misapprehen- 
sion, all of his men dismounted. The Indians then charged 
them ; a desperate haud to hand combat ensued. They fought 



360 HISTORY OF TEXAS. 

around and under the horses, with guns, pistols, arrows and 
knives — nine white men, fourteen Indians. Each man 
became his own commander, fighting single-handed for life. 
As tersely expressed by the noble old veteran, Col. John S. 
Ford, to whom I am indebted for a large portion of the facts, 
" it was a trial of skill, strength and courage," and " a few 
moments decided it," though " victory trembled in the bal- 
ance." Baker Barton, thrice mortally wounded, was the first 
to fall, but died standing and holding the pommel of his sad- . 
die. William Lackey received three wounds, one being 
mortal. James A. Carr, also thrice severely wounded, fought 
like a tiger, killed one warrior as he was in the act of lancing 
him, and as he fired at another an arrow gave him a fourth 
wound; but he survived them all. Burleson, in single com- 
bat, killed a warrior across his horse. Alfred Tom, severely 
wounded, fought gallantly. So of James Wilkinson — Leach 
fought with the heroism of his comrades. John Spencer was 
assaulted by three warriors at the same time, and though 
severely wounded, by using his horse as a breastwork, held 
them in check until relieved by others. Warren Lyons, who 
had been a prisoner among the Comanches from 1837 to 
1847 (from his fourteenth to his twenty-fourth year), not 
only repeated to his comrades all the Indians said among 
themselves, but fought them in their own style of gyrating, 
dodging and bounding. He sang out to Burleson, " They are 
whipped, but do not know how to escape." Yet, the war- 
riors took the chances and retreated, as best they could. 

The result was, four Comanches dead upon the field and 
eight wounded. Of the rangers, two killed and seven woun- 
ded — showing that every man spilled his blood. 

As the fight ceased Samuel Duncan reached the scene. It 
was soon ascertained that the Comanches were laying in wait 
to ambuscade an unarmed train of Mexican carts, and hence 
had not observed the approach of the rangers. 

They were without water. Duncan was dispatched to a 



HISTORY OF TEXAS. 361 

water hole twenty miles ahead. The wounded were borne 
along till Duncan met them with water. Barton was buried 
on the way. Lackey died in Laredo eight days after the fight. 
The whole party, aided by a vehicle sent for the wounded, 
reached Laredo in a day or two, where medical attention was 
bestowed in Fort Bliss, by the authority of Capt. Sydney 
Burbank, U. S. A., commander of the post. 1 

ANOTHER INDIAN EIGHT. 

In September, 1852, during Gov. Bell's second term, a com- 
pany of State rangers under Capt. Owen Shaw, was stationed 
at Camp Bee, fifteen miles above Laredo, on the Rio Grande. 
On the 15th Capt. Shaw received an express from Hamilton 
P. Bee, then a merchant in Laredo, informing him that a 
band of Indians had crossed the Rio Grande for Mexico into 
Texas, twenty miles below the place, and had plundered the 
ranches below as far as Roma. Several [days having inter- 
vened, Capt. Shaw immediately struck for the upper Nueces, 
where he hoped to intercept them. On the 16th, he struck a 
trail on the head of the Haices, leading up the country, on 
which he encamped for the night, satisfied from all the indica- 
tions that the Indians believed themselves entirely safe and 
were moving without any precaution; and in this he was cor- 
rect, as he overtook them the next morning at eight o'clock 
encamped on the Arroyo San Roque, thirty miles north 
west from Fort Ewell on the Nueces. 

The action was commenced by the Indians themselves 
by coming out of the Arroyo in which they were en- 
camped, forming in front of it, defiantly waving a red 

1 This was not the first achievement of young Burleson. He had seen 
much service before, and won many laurels afterwards. He was major in 
the first year of the war between the States in Henry E. McCulloch's regi- 
ment, stationed on the frontier, and filled numerous other positions. He 
served in the Constitutional convention of 1875, and died in 1877, greatly 
lamented. He died at his home near San Marcos. 



362 HISTORY OF TEXAS. 

blanket and opening a heavy fire with muskets, rifles, six- 
shooters and arrows. Shaw immediately formed in front 
of them, about seventy-five yards distant, with A. Gatliff 
and J. D. Scott a little in front on his extreme right, and 
ordered his long-range riflemen to open fire — slow but sure. 
Gatliff commenced the action by killing the chief; not a man 
moved or fired without an order from the captain, and, as the 
Indians had decidedly the advantage of position, being 
covered by the Arroyo, he ordered Scott, with a small party, 
to cut off the caballada (the horses) of the Indians; and Gat- 
liff, with another party, to get to the rear of the enemy, so 
as to cut off his final retreat, while Capt. Shaw, with fifteen 
men on foot, leaving J. Bott, with a small detachment to 
guard the horses, charged the Arroyo about one hundred yards 
below the encampment. The dismounted men gallantly 
charged the enemy and a severe conflict ensued. The Indians 
were forced out of the Arroyo, when they were met by the 
mounted men, who continued a running fire upon them, 
while Shaw remounted his immediate followers and followed 
until stopped by a tremendous rainfall. 

The Indians numbered nineteen men and two women. Of 
this number but one is certainly known to have escaped. 
Nine were left dead on the ground. Twenty-three horses 
and mules, with their accoutrements and many other articles, 
were captured. It seems almost incredible that Shaw's only 
loss was one wounded horse. In his report, Capt. Shaw 
says: "Sergeant E. Foster Calhoun was by my side while 
we were acting as infantry, and I bear cheerful testimony to 
his gallantry. Herman L. Kaven, Mac Anderson and George 
H. Logan of Austin, are reported to me in the highest terms." 
[Herman L. Raven, one of the young soldiers thus compli- 
mented, was the same who was wounded in June, 1851, in 
Capt. Henry E. McCulloch's fight with Ketemsi's party of 
Indians, on the San Saba.] 



HISTORY OF TEXAS. 363 



DEATH OF GOVERNOR HENRY SMITH. 

Governor Henry Smith had accompanied two of his young 
sons to the gold mines in Los Angeles County, California, 
leaving home about the first of June, 1849. He died suddenly 
at their camp on the night of March 4th, 1851, where his 
remains lie buried beneath the trees, on one of which his 
sons engraved his name, age and country. 

Governor Smith's father was Rev. James Smith of Vir- 
ginia, his mother, Magdalene Woods, originally of Bottetort 
County, Va. In 1827, his veins full of pioneer blood, he came 
to Texas, at a period when the services which he soon after 
rendered could not be overestimated. Before the revolution 
he filled the office of Secretary of the District of Brazoria, 
Alcalde of the same jurisdiction, member of the conventions 
of 1832 and again of 1833 ; Political Chief (Vice Governor), 
of the department of the Brazos (the only American ever 
appointed); member of the Consultation in 1835, Provisional 
Governor in 1835-6, Secretary of the Treasury under Pres- 
ident Houston, in his first term, and member of Congress 
from Brazoria County, after which he refused any public 
position. 

Governor Smith was never connected actively with the 
army except at Velasco, where he was wounded; but at 
a period when Mexican misrule was too heavy to be borne, 
and the public sentiment of the country was in a state of fer- 
ment as to the remedies to be adopted, he declared himself 
in favor of independence from that country, and, as far as 
possible, so shaped his course as a statesman, that his every 
public act should be a step in that direction. His pen fur- 
nished for the press of that day much that strengthened the 
views of the wavering and gave coherency to the Independence 
party. 



364 HISTORY OF TEXAS. 



GOVERNOR BELL. 

In the autumn elections of 1853, Governor Bell, having 
served nearly two terms, was elected to the United States 
Congress, and in order to take his seat, resigned the office 
five or six weeks before the expiration of his term. 1 

During Gov. Bell's second term, (December 26th, 1851), 
Texas was called upon to mourn the death of Gen. Edward 
Burleson, one of her best loved citizens and trusted chieftains. 
Their sorrow was universal. He was born in North Carolina in 
1789, lived for a time in Virginia, and thence, in 1824, 
removed to Tennessee. He visited Texas in 1830, and in 
1831 settled on the Colorado River, twelve miles below 
Bastrop, when but few families lived in that part of the 
country and they were constantly exposed to the depredations 
of the hostile Indians. He at once became a leader of the 
people in defense against the savages. When the revolution 
began in 1835, he was promptly in the field, was made colonel 
of the troops at Gonzales, and in that capacity marched upon 
San Antonio, Austin being in the chief command ; but 
he only so remained a few weeks, retiring on the 24th of 
November, to become one of the three commissioners to 

1 Peter Hansborough Bell was born and reared in Virginia, and de- 
scended from a prominent family of that State. He was a man of splendid 
physique, and, combined with true courage, was distinguished by kind and 
genial characteristics. It is believed he had not a personal enemy in Texas. 
He arrived in the country in March, 1836, when he had little more than at- 
tained man's estate. He proceeded on foot from Velasco to Gen. Houston's 
retreating army, then on the Brazos, and enlisted as a private soldier, in 
which capacity he bore himself with such gallantry as to win the admiration 
of his comrades at San Jacinto. Thence up to annexation he was almost 
constantly in some military position ; for several years tilling the office of 
inspector-general, afterwards captain of rangers in the southwest, then 
lieutenant-colonel of Hays' second regiment in the Mexican war, and contin- 
ued in the frontier service after the war until a short time before his election 
as Governor in 1849. He was re-elected in 1851 — then served four years in 
Congress — 1853 to 1857— then married and settled in North Carolina. He 
was a colonel in the Confederate army from that State and still resides there. 






HISTORY OF TEXAS. 365 

the United States. Burleson succeeded him in the chief 
command and so remained until after the capture of 
San Antonio, which occurred on the 10th of December. 
In March, 1836, he joined Gen. Houston at Gonzales 
and became colonel of the first regiment. On the 21st 
of April, at San Jacinto, he led his regiment in such a man- 
ner as to win imperishable renown. Under Gen. Rusk, 
a little later, he commanded the advance in following 
the retreating army of Filisola out of the country. At the 
second election under the Republic in 1837, he was elected to 
the Senate and served one session, when he was elected by 
the Congress as a brigadier-general of militia. During 1839 
he fought the Indians in what is now Williamson County, de- 
feated Cordova, a few miles from Seguin, and on July 16th 
and 17th, in command of volunteers and regulars, he won dis- 
tinction in the victorious battles with the Cherokees in east 
Texas. From the beginning of 1839 to the autumn of 1840 
he was colonel of the only regiment of regulars in the service, 
those troops being scattered at intervals along the frontier, 
so that he often commanded bodies . of volunteers. On the 
12th of August, 1840, he commanded the right wing in the 
victorious battle of Plum Creek, where one hundred and 
eighty-seven men, including thirteen Toncahuas, overwhelm- 
ingly defeated about one thousand Indians. In 1841 he was 
elected vice-president of the Republic and presided over the 
Senate for three years. He was in the field in 1842 to repel 
the Mexican invasions of March and September. In 1846 as 
a volunteer, serving on the staff of Governor Henderson, he 
maintained his well-earned reputation in the sanguinary battle 
of Monterey. He was elected to the first State Senate after 
annexation, and re-elected until his death at the close of 1851, 
all the time serving as president pro-tem of the Senate. He 
died during the session of that body, and received from the 
members of both houses of the legislature eulogies worthy of 
his fame as a citizen, soldier, statesman, patriot and as a 
Christian gentleman. 



CHAPTEK XXXI. 

More of the Governors and Chiefs of Texas. 

Eiisha Marshall Pease was bora in 1812 and reared near 
Hartford, Conn. In the spring of 1835, when twenty-three 
years old, he came to Texas, locating in Mina, since known 
as Bastrop. In September of that year he was among the 
first volunteers to arrive at Gonzales under the leadership of 
Burleson. After the fall campaign he repaired to San Felipe 
and became assistant secretary to the General Council ; and, 
at Washington, March 3 1836, he was assistant secretary to 
the convention which declared independence. In 1837 he was 
comptroller under President Houston. In 1838 he located as 
a lawyer at Brazoria, and for many years he enjoyed a large 
practice at the bar. He was elected to the first legislature in 
connection with annexation. In 1847 he was re-elected. In 
1849 he was elected for four years to the State senate. In 
his legislative career of eight years he was justly regarded as 
one of the best lawmakers in the State, and was author in 
whole or in part of many of the elementary laws, enacted 
after annexation, the principles of which yet remain on the 
statute books. In 1853 he was elected as the successor of 
Governor Bell — and re-elected in 1855, Hardin E. Kunnels, 
beins elected Lieutenant-Governor. That he made a wise 
and conservative Governor was verified by public sentiment. 

During his administration of four years much of our earli- 
est railroad legislation was inaugurated. The matters in 
issue between the United States and Texas, in regard to the 
public debt of the late Republic, so far as the United States 
had retained the $5,000,000 was concerned, was finally ad- 
justed. The United States, by a special act, proposed to 
(366) 




GOV. ELISHA M. PEASE 



HISTORY OF TEXAS. 367 

Texas to pay off that portion of the debt to which the cus- 
tom hofise revenues had been pledged and for which the 
creditors held the United States responsible, at a scale differ- 
ing and somewhat higher than Texas had adopted with refer- 
ence to the remainder of her revolutionary debt. It became 
known as the public debt bill, requiring the action of Texas, 
and was an issue in the elections of 1855. There was power- 
ful opposition to its acceptance, led by some of the ablest men 
in the State. When the legislature met in November of that 
year, the friends and opponents of this measure were so 
equally divided that the result remained long in doubt, but the 
measure finally carried.* Among the debaters pro and con, in 
the house, were Ben E. Tarver, John Sayles, Wm . B. Ochiltree, 
Ashbel Smith, Stephen S. Tompkins, James W. Throckmor- 
ton, Jacob Waelder, Charles S. West, Charles L. Cleveland, 
and other speakers of ability. 

A portion of the money received from the United States 
was used in the erection of a new State capitol and other 
public buildings, including inexpensive buildings for the deaf 
and dumb, insane and the blind, some of which were com- 
pleted during the next administration. 

During Gov. Pease's first term, Thomas J. Jennings, and 
during his second term, James Willie, was attorney-general; 
and, during both terms, Edward Clark was Secretary of State, 
James B. Shaw, Comptroller, James H. Kaymond, Treasurer, 
and Stephen Crosby, commissioner of the land office. 

In the senate were Mark M. Potter, Isaiah A. Paschal, A. 
Superville, Edward A. Palmer, W T m. T. Scott, Malachi W. 
Allen, Wm. M. Taylor, M. D. K. Taylor, Eobert H. Taylor, 
Elisha E. Lott, James Armstrong, Jesse Grimes, Matt G. 
Whitaker, Johnson Wrenn, S. Addison White, Eufus Doane, 
James McDade, Wm.S. Day, Isaac L. Hill and others, consti- 
tuting as able a senate as has ever sat in Texas. 

The proposition of the United States was finally accepted, 
passing the house by a majority of only one or two. 



368 HISTORY OF TEXAS. 

It also contained clauses adjusting the claims of Texas 
against the United States for frontier defense. For the four 
previous years Texas had relinquished the State taxes to the 
counties for the purpose of erecting court houses and jails, and 
had defrayed the expenses of the State government from the 
$5,000,000 bonds previously received. In his message Gov. 
Pease said : 

44 The amount of these bonds now remaining in the 
treasury is $1,575,000, and if we continue to rely upon them 
to meet the expenses of the government, they will, with the 
interest accruing on them, pay these expenses for about eight 
years, but these bonds, having been received as the consider- 
ation for our relinquishment of the right of soil and juris- 
diction over a portion of our territory acquired by our 
revolution, ought not to be expended for temporary purposes ; 
they ought rather to be husbanded, and used for objects of 
public utility, permanent in their character." * * * 

"lam opposed to any future relinquishment of the State 
tax to the counties, and think it (the State tax) should be 
relied on to meet the ordinary expenses of the government." 

These wise suggestions of Governor Pease were followed by 
the legislature, the United States bonds both present and 
prospective being subsequently set apart as a part of the 
endowment of the permanent free school fund. 

Thus there remained in the treasury of the State, at the 
close of 1855, $1,575,000, while a plurality of the people, 
directly voting on the question, had voted against the propo- 
sition; but the public mind, relieved of all anxiety from this 
source, overwhelmingly concurred in the action taken. 

In the year 1854, there was introduced into Texas a secret 
political organization which, in 1855, became known as the 
Know-nothing or American Party, It transacted its business 
in secret sessions and put forth a full ticket for State officers. 
Prior to this time there had never been in Texas, party or- 
ganizations for such purpose. It was notorious, however, 



HISTORY OF TEXAS. 369 

that, as the result of annexation, about three-fourths of the 
people belonged to the Democratic party. The principles of 
the new party were designed to put restrictions on the rights 
of foreign emigrants, in acquiring the rights of American 
citizenship, and imposing restraints upon those professing 
the Catholic religion. For Governor, in 1855, the Democratic 
party re-elected Governor Pease by a vote of 26,336 to 17,- 
968, cast for David C. Dickson, the candidate of the new 
party. On the ticket with Pease, Hardin R. Runnels was 
elected Lieut. -Governor. The Democratic majority in the 
two houses of the legislature was so great that the new party 
died in its infancy. The most intelligent and patriotic ele- 
ment composing it speedily became satisfied that its princi- 
ples, though in some respects commendable, were as a whole 
proscriptive, un-American and dangerous to the cause of 
constitutional government. All such resumed their former 
political status as members of the Democratic party, while 
foreign emigrants continued to arrive and fill up the waste 
places of the land, and the State to prosper as never before. 

The legislature set apart the United States bonds as a per- 
petual school fund, and, in another act, provided that the 
State would loan to railroad companies $6,000 for each mile 
of road constructed, one result of which was, some years 
later, the State lost about $150,000, an experiment not likely 
to be repeated. 

In 1855 it was proposed for the State to undertake the con- 
struction of railways on its own account. It was urged through 
the press and in circulars by its advocates, but utterly failed 
to win popular approval. 

A disturbing element had been gradually growing in the 
southwest which culminated in the so-called cart war. A 
number of Mexicans, withdrawing from the turmoils and 
burdensome exactions of their own country, had crossed into 
Texas and collected in a settlement near the San Antonio 
River. They were peaceable, but the settlement was supposed 

24 



370 HISTORY OF TEXAS. 

to serve as a refuge for runaway slaves and other fugitives. 
With their carts and oxen they could afford cheaper transport- 
ation of freight from the coast to the interior than the Texians 
engaged in the same calling. In consequence, several Mex- 
icans were killed and a general war upon them was threatened. 
Governor Pease ordered out a small armed force, the assail- 
ants dispersed and the war ended. 

AN INDIAN RAID. 

In October, 1855, a party of Lipan and Kickapoo Indians, 
as they had repeatedly done before, crossed the Rio Grande 
from their new homes in Mexico and committed robberies 
and murders in the country northwest of San Antonio. As 
senior officer of three small volunteer companies, Captain 
James H. Callahan pursued the retreating savages across the 
Rio Grande to their chief encampments near San Fernando, 
twenty-seven miles beyond the border, and there had a severe 
fight. He was soon confronted by overwhelming odds, 
including large numbers of Mexican outlaws, and was com- 
pelled to retreat, but in doing so displayed such admirable 
tact and courage as to not only preserve the utmost coolness 
among his followers, but to repulse the frequent attacks of 
his pursuers. His wounded (including little B. Eustace 
Benton, whose brains were oozing through a bullet hole in his 
eye,) were successfully borne away. 1 

The enemy expected to greatly cripple Callahan's force, 
while recrossing the Rio Grande at Eagle Pass, but in this 
they were disappointed by the timely action of Capt. Sidney 

1 This heroic youth was carried for that long distance by Capt. Wm. A. 
Pitts, who placed the unconscious boy in his saddle and rode behind him on 
the same horse, holding him in his arms. This scene, with bullets whizzing 
from a pursuing foe, and the agonized father (Capt. Nat Benton, with an 
arm broken), wrought almost into frenzy by what he considered the death 
wound of his only child, involuntary calls to mind the legend of Damon 
and Pythias. 



HISTORY OF TEXAS. 371 

Burbank, commander of Fort Duncan, on the Texas bank, 
who turned his guns so as to rake the western bank, and by 
this demonstration, said to the pursuers : " If you attack my 
countrymen while they are crossing the river, I shall pour 
shot and shell into your ranks." The admonition had the 
desired effect, and unquestionably saved many lives. It won 
the heart of Texas to that gallant officer, who hazarded his 
commission in the cause of humanity, and who was gal- 
lantly sustained by his second in command, Captain John G. 
Walker, subsequently a Confederate major-general. Willis, 
the youthful son of Hon. Wm. E. Jones, was the only one left 
dead on the field. Capt. Callahan was one of the saved 
among Fannin's men and about a year later was assassinated 
at his home in Hays County. In his honor Callahan County 
was named. 



CHAPTEE XXXII. 

SECTIONAL AGITATION — AN INDIAN BATTLE. 

Though not pertaining directly to the history of Texas it is 
proper to refer to certain sectional agitations in which the 
northern and southern States felt deeply interested. The 
Missouri compromise of 1820-21 prohibited slavery in the 
territories of the United States north of latitude thirty-six , 
thirty. This was commonly called Clay's compromise ; but 
in 1850 Mr. Clay introduced another compromise in relation 
to the vast territory acquired from Mexico, under which Cali- 
fornia w T as admitted into the Union as a non-slave holding 
State, and that the remaining territory, embracing Utah and 
New Mexico — besides what now constitutes Nevada, Arizona, 
parts of Kansas and Colorado, should be given provisional or 
territorial governments without reference to slavery, virtually 
leaving to those people, when they should come to form State 
constitutions, to deal with the slavery question as they might 
prefer. Soon afterwards the settlement of Kansas attracted 
marked attention, leading to bitter factional contests, between 
northern and southern immigrants on the subject of slavery. 
It is sufficient to say that many wrongs were perpetrated 
resulting in armed contests and more or less bloodshed. To 
meet the emergency and give repose to the country, a bill was 
introduced by Senator Douglas, of Illinois, in December, 
1854, known as the Kansas and Nebraska bill ( which became 
a law), in which it was declared that the Missouri com- 
promise — 

" Being inconsistent with the principles of non-interven- 
tion by Congress with slavery in the States and Territories, as 
(372) 



HISTORY OF TEXAS. 373 

recognized by the legislation of 1850, commonly called the 
compromise measures, is hereby declared inoperative and void, 
it being the true intent and meaning of this act, not to legis- 
late slavery in to any Territory or State, nor to exclude it there- 
from, but to leave the people thereof perfectly free to form 
and regulate their domestic institutions in their own way, 
subject only to the constitution of the United States." 

Kansas and Nebraska, under the Missouri compromise, 
would have necessarily been free States, but this bill of Mr. 
Douglas carried with it the right of slaveholders to settle in 
those territories. The eastern portion of Kansas was regarded 
by many as a desirable region for slave labor, and many 
southern people located in it. This only served to intensify 
sectional antagonisms; and the north, being the most popu- 
lous and powerful section, in the very nature of things, 
speedily won the prize. General Houston, senator from 
Texas, for reasons which he elaborated, voted against this 
measure under the firm conviction that the attempt to estab- 
lish slavery in that section would prove futile and only serve 
still further to alienate the sections. As public sentiment 
then existed, General Houston lost much popularity in Texas 
by that vote. Such was the condition of things when on the 
21st of December, 1857, a change of administration occurred 
in Texas and Hardin R. Runnels 1 became Governor, having 
received 32,552 votes to 23,628 cast for Gen. Houston. 

1 Hardin R. Runnels was a native of Mississippi and a planter. As such 
he located in Bowie County in 1841. From 1847 to 1855 he represented that 
county in the legislature, and in the session of 1853-4 he was speaker of the 
house. In 1855 he was re-elected to the legislature, and also Lieut.-Gov- 
ernor — the latter office being conferred on short notice as a result of com- 
plications brought about by the Know-nothing agitation. He thereupon 
declined his seat in the legislature and served as Lieut. -Governor. In 1859 
in a second race for Governor, he received 27,500 votes while Gen. Houston 
reversed his majority and received 36,257 votes — Runnels' majority having 
been 8,824, and Houston's 8,757. Governor Runnels subsequently served 
in the secession convention of 1861, and in the constitutional convention 
of 1866. He died at his home in Bowie County. 



374 HISTORY OF TEXAS. 

Francis R. Lubbock at the same time became Lieut. -Gov- 
ernor; T. Scott Anderson was made Secretary of State; 
Clement R. Johns, Comptroller; Cyrus H. Randolph, Treas- 
urer; Francis M. White, Commissioner of the Land Office and 
Malcolm D. Graham, Attorney-General. 

Governor Runnels submitted his views on the Kansas ques- 
tion to the legislature — taking strong ground in favor of the 
equal rights of the south in the territory. The legislature 
passed a preamble, reciting that there was a determination, 
by force, to exclude the citizens of the slave-holding States 
from the enjoyment of equal rights in the common territory, 
and 

Resolved, " That the Governor of the State is hereby 
authorized to order an election for seven delegates to meet 
delegates appointed by the other southern States, in conven- 
tion, whenever the executives of a majority of the slave-hold- 
ing States shall express the opinion that such convention is 
necessary to preserve the equal rights of such States in the 
Union, and advise the Governor of this State that measures 
have been taken to meet those of Texas." 

The Governor was also empowered, if he should find it 
necessary, to call an extra session of the legislature, to take 
action on this subject and, in its discretion, to provide for a 
convention of the people, representing the sovereignty of the 
State. Although nothing ever sprang from this action it 
served to intensify public opinion, and expose Texas to the 
charge of favoring ultimate secession. 

Gov. Runnels, in his first message, called attention to the 
fact that notwithstanding the liberal land bonuses and the loan 
of $6,000 per mile from the school fund, the building of rail- 
roads was by no means commensurate with the public de- 
mands. He urged, that all companies theretofore chartered 
should be held to strict accountability and opposed the indis- 
criminate granting of charters, well knowing that such grants 



HISTORY OF TEXAS. 375 

had been made theretofore to irresponsible parties whose 
objects were merely speculative. 

During the session of 1857-8, Gov. Runnels called attention 
to the Indian depredations on the frontier, and urged measures 
for their repression. The result was, the passage of a bill, 
providing for raising a force of six months' rangers to operate 
against these Indians. Capt. John S. Ford, as senior officer, 
was placed in command of the expedition, and left Austin 
with one hundred men about the first of April, 1858, for the 
Panhandle region of Texas. At the Indian agency on the 
Brazos he was joined by Capt. S. P. Ross, resident agent of 
the Indians, with one hundred friendly Toncahua, Caddo, 
Waco and Anadarco Indians, each little tribe having its chief, 
as, Piacido of the Toncahuas, and Jim Pock-mark of the 
Anadarcoes. Among Ford's subordinate officers, were Allison 
Nelson (afterwards a Confederate general), Lieutenants 
Edw. Burleson, Wm. A. Pitts, Preston and Tankersley. 
On the 12th of May, 1858, on the Rio Negra, or False 
Washita, Capt. Ford attacked and successfully fought 
the town of the noted Comanche chief Pro-he-bits Quash-o, 
or " Iron-Jacket " so styled from his coat of scale mail. 
The conflict, fierce and close, was continued for a con- 
siderable time. The Comanches yielded in retreat, but 
stubbornly fought at every favorable locality, formed by 
trees, mounds or ravines. The Texians and their Indian allies 
pursued with vigor, the enemy spreading in fan-shaped lines 
of retreat and causing a corresponding separation of the pur- 
suers. The battle began about sunrise and the pursuit was 
abandoned about noon. On arriving at the initial point, it 
was found that a large body of warriors from an encampment 
farther up the river were formed in battle array on a neigh- 
boring ridge. A charge was ordered and gallantly made on 
this fresh body of warriors. Lieut. Nelson, by a skillful 
movement, struck the enemy's left flank, which, simultaneous 
with a furious charge in- front, broke the Comanche line. A 



37(3 HISTORY OF TEXAS. 

running fight followed for three or four miles, when Ford's 
party returned to the original point of attack. The results 
were, seventy-six dead Comanches, an unknown number 
wounded, four hundred horses and a large amount of Indian 
property captured, including several prisoners, among others, 
Noh-po, a little son of Iron-Jacket. Ford's loss was one 
ranger and one Waco killed and seven wounded. 

It was known that Buffalo-Hump with his whole band was 
encamped on the Canadian not very far below, and, after two 
contests on the same day, with two distinct bands, it was 
deemed prudent to return at once to their camp on the False 
Washita, where their supplies had been left with a guard of 
but six men. This was done and virtually closed the cam- 
paign; and the command and all its portable booty leisurely 
returned to the settlements. 1 

1 The son of Iron-Jacket was reared in the Ross family at Waco and ac- 
companied Major L. S. Ross of Stone's regiment, when he joined Gen. 
Ben McCulloch's command in southwest Missouri, in the autumn of 1861. 



CHAPTER XXXIII. 

THE RESERVE INDIANS. 

There were two Indian reservations in Texas — one located 
on the Brazos twelve miles below Fort Belknap, on which 
were located remnants of various Texas tribes, and one on 
the Clear Fork of the Brazos forty-five miles farther west, on 
which were located about five hundred Comanches — all of 
those tribes having herds of horses, and being fed by the 
United States government, the Comanches being located at 
Camp Cooper, a military post. 

As early as 1857 the people on the frontier began to com- 
plain of depredations by these Indians through small parties 
stealing their horses and killing isolated persons. The com- 
plaints multiplied through 1858 and into the beginning of 
1859, when several collisions took place between small bands 
of Indians and squads of frontier citizens. A strong demand 
had grown up for the government to remove the Indians from 
Texas and locate them with other tribes north of Red River, 
which course Gov. Runnels urged upon the government. 
Finally, a large body of citizens, from as far east as Collin 
and Denton counties, organized and, under the lead of Captain 
John R. Bajlor, repaired to the vicinity of the Brazos reser- 
vation. In the meantime two companies of United States 
infantry were ordered to the agency to protect the Indians 
against unauthorized attacks. In passing along the road 
through the reservation they were fired upon by the Indians 
from the neighboring hills. There was a large element of the 
best citizens of the country in this party, and they were un- 
willing to provoke a collision with United States forces, and 

(377) 



* 

378 HISTORY OF TEXAS. 

therefore determined to return home, carrying with them, 
however, convictions that the Indians had been committing 
depredations, and greatly displeased with the course of the 
chief agent, Major Neighbors. In this condition of affairs 
Governor Runnels conceived it to be his duty to ascertain the 
real facts and adopt whatever course might be deemed neces- 
sary to protect the people. For that purpose, he appointed, 
as commissioners, Messrs. George B. Erath, Richard Coke, 
John Henry Brown, Joseph M. Smith and Dr. Josephus M. 
Steiner, with instructions to visit the agency and the sur- 
rounding country, and report the result of their investigations. 
About the same time, the fact was made public, that the 
government would, in a short time, remove the Indians to the 
vicinity of Fort Cobb, north of Red River. The commis- 
sioners reported to the Governor such facts as determined 
him to take steps to protect the people against depredations 
by the Indians, and especially during the period of their re- 
moval. To this end, John Hemw Brown was appointed 
captain of two detachments aggregating one hundred men, 
and ordered to take position in such manner as to enable him 
to compel the Indians on both reservations, to remain within 
their limits until their final removal, unless accompanied by 
white men in order to collect their live stock. Major 
(afterwards General) George H. Thomas was in command of 
all the United States forces at the two reservations, with head- 
quarters at Camp Cooper. Captain Brown exchanged notes 
and courtesies with him, which led to a friendly understanding, 
marred only by a single skirmish near that camp, where a 
large body of Comanches attacked a detachment of Brown's 
men, but were repulsed with the loss of eleven warriors, and 
only two rangers wounded. 

In August Major Thomas, with an escort of three or four 
hundred cavalry and infantry, conducted the Indians to their 
future homes in the Indian Territory. Brown followed in 
their rear to guard against straggling, thieving parties, with the 



HISTORY OF TEXAS. 379 

effect of but one such leaving the main body, until the whole 
were at Fort Cobb, and thus ended this exciting and irritat- 
ing episode in our Indian history, marred, however, by an act 
of violence that was lamented by all parties. On his return 
home from Fort Cobb, with a party of his subordinates and 
employes, all destined for their respective homes in Texas, 
Major Neighbors was murdered in Belknap, by a party 
concealed in the brush. Public opinion pointed with no small 
unanimity to a man named Cornett as the assassin, who, about 
a year later in the same section of country, was pursued and 
killed by two or three of the rangers then on the frontier. 



CHAPTEE XXXIV. 

HOUSTON'S ADMINISTRATION. 

General Houston's term of twelve years in the United 
States senate expired March 4, 1859, while Senator Rusk, 
who had served with him from annexation until 1857, in a fit 
of great mental depression, caused by the death of his wife, 
terminated his own career a few months before at his home 
in Nacogdoches, in 1857. Chief Justice John Hemphill of 
the Supreme Court and James P. Henderson were elected to 
fill these vacancies. Judge Hemphill served until the organ- 
ization of the Confederate government. General Henderson 
died a few months after his election, having barely taken his 
seat in the senate. Governor Runnels appointed in his stead, 
until the meeting of the next legislature, Hon. Matthew 
Ward, of Marion County, and, when that body met at the 
close of 1859, it elected to the senate, Louis T. Wigfall, who 
also served until the organization of the Confederate 
government. 

General Sam Houston was inaugurated as Governor on the 
21st of December, 1859, but a little while before the great 
canvass of 1860, in which the country, north and south, east 
and west, was destined to be convulsed over the issues which 
culminated in secession a year later. 

Governor Houston was soon confronted with the grave 
question of our frontier relations with the Indians; with the 
disturbed condition of the Lower Rio Grande frontier, when 
a renegade Mexican bandit, Nepomucino Cortina by name, at 
'the head of an organized band of marauders, was terrorizing 
that border, often crossing from the Mexican to the Texas 
(380) 



HISTORY OF TEXAS. 381 

side, robbing, murdering and harassing the people. Governor 
Houston appealed to the Government at Washington to stay 
these incursions. The government acted promptly, by direct- 
ing Colonel Robert E. Lee, then in command of the depart- 
ment of Texas, to adopt the most energetic measures to 
destroy Cortina and his band of outlaws, authorizing him, if 
necessary, to cross into Mexico for that purpose. Colonel 
Lee, in addition to the regulars at his disposal, was effectively 
aided by a body of Texian volunteers, under the command of 
Colonel John S. Ford. Several contests took place in the 
region of Matamoros, and in a short time the bandits were 
dispersed, leaving the country comparatively quiet. 

In his message — being his first in the regular course — on 
January 13th, 1860, Governor Houston said: 

" The first official information received by the Executive 
from the seat of these disorders, was a communication from 
Captain W. G. Tobin bearing date at Raminero, near Browns- 
ville, December 16th, 1859. * * * 

" I was gratified to learn from that dispatch that the Federal 
government had interposed to restore order in that region, 
and that Major Heintzleman, an officer of discretion and 
valor, had assumed the control of military operations. What- 
ever complaints may be made against the Federal government 
on account of the removal of the troops from that portion of 
our border, its promptitude in affording relief at this time is 
deserving of consideration. * * * 

" On the 10th of January the report of Major John S. Ford 
(previously appointed by Governor Runnels) was received, 
dated at Ringgold Barracks, December, 29, 1859, giving an 
account of the engagement at Rio Grande City, in which the 
followers of Cortina were fully routed and dispersed. 

" The entire forces on this occasion were under the command 
of Major Hientzleman, to whom great credit is given for the 
disposition made of the troops. 

"In whatsoever light we may view these disorders on the 



382 HISTORY OF TEXAS. 

Rio Grande, they may be readily traced to the insecure con- 
dition of our border caused by the removal of the Federal 
troops. Mexico is in a continued state of anarchy. Her 
population feel none of the influences of a stable government. 
Lawless chieftains plunder them with impunity, and light 
the torch of civil war at pleasure. Riot, murder and revolu- 
tion reign above law and order. Separated from Mexico as 
we are by a narrow river alone, and a continual intercourse 
going on between its people and ours, it is but natural that 
the unhappy influences of her condition should extend to our 
border. 

" To prevent these influences operating upon the turbulent 
portion of our own population, as well as to check any effort 
on the part of the citizens of Mexico to aid them in setting 
the laws at defiance, the presence of the Federal troops is 
absolutely necessary ; and in my opinion the disturbances may 
be attributed to the insecurity arising from their removal, 
which left no check upon the influences of the civil war in 
Mexico. I have full confidence that the Federal government 
will not only guard against any such exigences in the future, 
but will, as it should, recognize as valid the acts of its mili- 
tary officer on the Rio Grande in assuming the control of our 
State troops and reimburse Texas for the cost of pay and 
subsistence." 

On his induction into office, General Houston manifested 
equal anxiety regarding the northwestern frontier. For this 
purpose he successively commissioned Captains Wm. C. 
Dalrymple, Ed. Burleson, Jr., and John C. Conner to raise 
companies of rangers. A little later he called into service, 
three detachments, of twenty-five men each, under Lieutenants 
Robert M. White, Salmon and Walker. He further author- 
ized the chief justice of every frontier county, on emergencies, 
to call out a company of fifteen men. Captain Peter Tum- 
linson was placed at the head of forty-eight men to guard the 
southwestern frontier. In addition to these several forces he 



HISTORY OF TEXAS. 383 

authorized Colonel Middleton T. Johnson to raise a battalion, 
or regiment, for a campaign into the Indian country. At the 
head of a fine body of men that officer advanced far up the 
country on the waters of Pease and Red Rivers, but the In- 
dians, realizing that this force was too strong to be met, fled 
before them and avoided any collision. Hence, after a short 
campaign, the expedition returned and was disbanded. It was 
on this trip and by some of these men that the assassin of 
Major Robert S. Neighbors was killed in the region of 
Belknap. Governor Houston, like his predecessors in nu- 
merous cases, felt compelled to adopt these extraordinary 
measures of frontier defense, because of the failure of the 
United States to keep on the frontier a sufficient mounted 
force to protect the lives and property of the people; it being 
an oft-demonstrated fact that infantry confined at frontier 
posts are wholly inadequate for such purposes. 

In the fall of 1860, General Houston also placed on the 
northwestern frontier small companies under the command 
of Captains Thomas Harrison and Lawrence S. Ross, the 
latter of whom in December attacked and defeated a band of 
Indians on Pease River, in which he captured a woman and her 
child, who proved to be a white woman, named Cynthia Ann 
Parker, captured at the fall of Parker's Fort, when but nine 
years of age, May 19th, 1836, and for the intervening twenty - 
four years and seven months, had been held in captivity by 
the Comanches. (See Indian Wars of Texas, by the author 
of this w 7 ork. ) 

POLITICAL CRISIS APPROACHING. 

It is not the intention of the author to give a history of 
the sectional agitation or of the war between the States, but 
only succinctly and impartially to state facts as they trans- 
pired so far as they affected and controlled the action of 
Texas. It is deemed improper, at so early a period, to under- 



384 HISTORY OF TEXAS. 

take such a history by one who was a participant in it so far 
as Texas was concerned. That labor, to meet the demands of 
posterity, must be performed by an historian wholly freed 
from the excitement and prejudices of those times. 

For the present it may be said that a president of the 
United States was to be elected in the autumn of 1860 to suc- 
ceed Mr. Buchannan, the administration of the government 
for the preceding eight years having been successively in the 
hands of Presidents Pierce and Buchannan, both elected by the 
Democratic party. It was during this period that the sec- 
tional agitations connected with the question of slavery, and 
the territories, had assumed proportions, foreshadowing the 
separation of the sections. A division of opinion sprang up 
in the Democratic party, in regard to the rights of the people 
— comparatively the first settlers of a common territory, 
belonging to the Union — to permit or exclude slavery, a doc- 
trine alleged to be sustained by the provisions of the Kansas- 
Nebraska bill, and commonly designated as Squatter jSover- 
eignty. The contrary view, chiefly adopted by the Demo- 
crats of the south, was that only when the people of a terri- 
tory, after their probationary experience as such, framed a 
State constitution under an enabling act of Congress, prepara- 
tory to their admission into the Union as a State, could take 
action for or against slavery. On this proposition, the party 
so divided that when they met in national convention at 
Charleston for the nomination of a presidential candidate, it 
was found impossible to make a nomination, the contest being 
for the nomination of Douglas on the part of the northern 
and of John C. Breckenridge on the part of the southern 
wing of the party. This resulted in an adjournment from 
Charleston to Baltimore, where a short time afterwards a 
separation took place and both of the gentlemen named were 
nominated. A third ticket was put forward by those claiming 
to be more exclusively Union men, headed by John Bell of 
Tennessee, and Edward Everett of Massachusets. The most 



HISTORY OF TEXAS. 385 

powerful party in the country, excepting the united Democ- 
racy, had come to be known as the Republican party, which 
was considered by the southern States as strictly sectional 
in all that pertained to slavery and the territories. This party 
nominated for President Abraham Lincoln of Illinois (a Ken- 
tuckian by birth), and for Vice-President Hannibal Hamlin 
of Maine. Hence in this singular issue was conducted the 
most exciting contest ever known in the Union. In Texas 
but two tickets were run, those representing Breckenridge 
and Bell. In this State during the summer, excitement and 
sectional antipathy were greatly stimulated by what was 
regarded as incendiary acts in the almost simultaneous burn- 
ing of several small towns, cotton gins, mills, etc. The 
most conspicuous of these fires occurred in Dallas, Texas, 
causing the people to organize for mutual protection and 
the detection, if possible, of the emissaries. It was charged 
and believed that the crimes were incited by emissaries, chiefly 
professed ministers of the gospel from the northern and west- 
ern States, by whom the negro population, in some localities, 
were excited to evil deeds, for which a few of them (notably 
three in Dallas) were executed. Such was the condition of 
the public mind in this State when Mr. Lincoln was elected 
president. Up to that time he was little known out of his own 
State, and necessarily had to bear whatever of opprobrium was 
brought upon his party by its extreme or abolition wing — a 
judgment which time, freedom from excitment, and Mr. Lin- 
coln's character as illustrated by his official acts, would reverse. 
Popular excitement became intense, public meetings were 
rapidly held throughout the country, in which it was substan- 
tiate held, by a great majority of the people, notwithstand- 
ing the fact that Mr. Lincoln had been elected by a decided 
minority of the Union, that Texas had but the alternative of 
withdrawing from the Union or awaiting the destruction of 
her domestic institutions by direct and indirect assaults upon 
them. This was the popular impression at the time. Gov- 

25 



386 HISTORY OF TEXAS. 

ernor Houston sought by every legitimate means within his 
power to stay this tide and preserve the Union, 

In his message of January 13, 1860, already quoted, he 
said : 

" I cannot refrain from congratulating the legislature upon 
the triumph of conservatism as seen in the many evidences of 
the determination of the masses of the people of the north to 
abide by the constitution and the Union, and to put down the 
fanatical efforts of misguided abolitionists, who would endan- 
ger the safety of the Union to advance their vapid schemes. 
That their efforts will so operate upon the impending struggle 
as to stay the hand of slavery agitators, is to be hoped. This 
outspeaking of the people should be received in our midst as 
the evidence, that, notwithstanding the ravages of deluded 
zealots, or the impious threats of fanatical disunionists, the love 
of our common country still burns with the fire of the olden 
times in the hearts of the American people. Nowhere does 
that fire burn with more fervor than in the hearts of the con- 
servative people of Texas. Satisfied that the men whom they 
elected at the ballot box to represent them in Congress will 
bear their rights safely through the present crisis, they feel no 
uneasiness as to the result. Texas will maintain the constitu- 
tion and stand by the Union. It is all that can save us as 
a nation. Destroy it and anarchy awaits us." 

So wrote Governor Houston January 13th, 1860, but this 
was ten months before the election of Mr. Lincoln as 
President. 



CHAPTEE XXXV. 

SECESSION ACCOMPLISHED. 

In a number of the southern States conventions were held 
by order of the constituted authorities, and during December, 

1860, and January, 1861, six of the southern States formally 
seceded from the Union and provided for an assemblage of 
delegates at Montgomery, Alabama, for the formation of a 
new Confederate Union. Governor Houston declined to join 
in a call for such a convention in Texas, but issued a procla- 
mation convening the legislature on the 21st of January, 

1861. A call was then issued, signed by the lieutenant-gov- 
ernor, numerous judicial officers, other public functionaries, 
and many distinguished citizens, requesting the people in all 
the legislative counties and districts to assemble on the 5th of 
January to elect delegates to a plenary convention, to assem- 
ble in Austin on the 28th of January (the basis of represen- 
tation being two delegates for every member of the House of 
Representatives), clothed with authority to determine the 
future course of Texas on the grave question then before the 
country. 

When the legislature met, in called session on the 21st of 
January, Governor Houston transmitted a message, detailing 
the condition of the State, in regard to its frontier, financial, 
and Federal relations, reciting, as has been already shown, 
the calling into service of Captain Dalrymple and the com- 
mand of five companies under Col. M. T. Johnson; also 
other companies under Captains A. B. Burleson and E. W. 
Rogers, which, on reaching the frontier, were placed under 
command of Col. W. C. Dalrymple, aide-de-camp of the 

(387) 



388 HISTORY OF TEXAS. 

Governor. Johnson's men, as has been stated, were dis- 
banded after a short campaign, but those last mentioned were 
in service until the frontier posts of the United States were 
surrendered to the troops of Texas. 

In this message Governor Houston said: " The Executive 
feels as deeply as any of your Honorable Body the necessity 
of such action on the part of the slave-holding States as to 
secure to the fullest extent every right they possess. Self- 
preservation, if not a manly love of liberty, inspired by our 
past history, prompts this determination. 

" But he cannot feel that these dictate hasty and uncon- 
certed action, nor can he reconcile to his mind the idea that 
our safety demands an immediate separation from the govern- 
ment, ere we have stated our grievances or demanded redress. 
A high resolve to maintain our constitutional rights, and, 
failing to obtain them, to risk the perils of revolution, even 
as our fathers risked it, should, in my opinion, actuate every 
citizen of Texas ; but we should remember that we owe duties 
and obligations to States having rights in common with us ; 

O DO 

and whose institutions are the same as ours. 

" No aggression can come upon us which will not be visited 
upon them; and, whatever our action may be, it should be of 
that character which wili bear us blameless to posterity, 
should the step be fatal to the interests of those States. 

" While deploring the election of Messrs. Lincoln and 
Hamlin, the Executive yet has seen in it no cause for the 
immediate and separate secession of Texas. Believing, how- 
ever, that the time had come when the southern States should 
co-operate and counsel together to devise means for the 
maintenance of their constitutional rights and, to demand 
redress for the grievances they have been suffering at the 
hands of many of the northern States, he has directed his 
efforts to that end. Believing that a convention of the 
character contemplated by the joint resolution of February 
16th, 1858, should be held, and desiring that the people of 



HISTORY OF TEXAS. 389 

Texas should be represented in the same, and have full 
opportunity to elect delegates reflecting their will, he ordered 
an election to be held for that purpose on the first Monday 
in February next. Although since that time four of the 
southern States have declared themselves no longer members 
of the Union, yet he confidently looks forward to the 
assemblage of such a body. 

" A majority of the southern States have as yet taken 
no action, and the efforts of our brethren of the border are 
now directed towards securing unity of the entire south. 

" The interests of Texas are closely identified with the 
remaining States; and if, by joining her counsels with theirs, 
such assurances can be obtained of a determination on the 
part of the northern States to regard our constitutional rights 
as will induce the States which have declared themselves out 
of the Union, to rescind their action, the end attained will 
silence whatever reproaches the rash and inconsiderate may 
heap upon us. Texas, although identified by her institutions 
with the States which have declared themselves out of the 
Union, cannot forget her relation to the border States. 
Pressed for years by the whole weight of abolition influence, 
these States have stood as barriers against its approach. 
Those who ask Texas to desert them now should remember 
that in our days of gloom, when doubt hung over the fortunes 
of our little army, and the cry for help went out, while some 
who seek to induce us to follow their precipitous lead looked 
coldly on us, these men sent men and money to our aid. 
Their best blood was shed here in our defense and, if we are 
to be influenced by considerations other than our own safety, 
the fact that these States still seem determined to maintain 
their ground and fight the battle of the Constitution within 
the Union, should have equal weight with us as those States 
which have no higher claim upon us, and, without cause on 
our part, have sundered the ties which made us one. 

" Whatever may be the course of Texas the ambition of her 



39 HISTORY OF TEXAS. 

people should be that she should take no step except after 
calm deliberation. A past history in which wisdom and cour- 
age and patriotism, united to found a Kepublic and a State, is 
in our keeping. Let the record of no rash action blur its pages. 
" If, after passing through two revolutions, another is upon 
us, let the same prudence mark its course as when we merged 
from an independent nation into one of the States of the 
Union. Holding ourselves above the influences which appeal 
to our passions and our prejudices, if we must be masters of 
our own destiny, let us act like men, who feel all the respon- 
sibilities of the position they assume, and are ready to answer 
to the civilized world, to God, and to posterity. The time 
has come when, in my opinion, it is necessary to invoke the 
sovereign will for the solution of this question affecting our 
relations with the Federal government. The people, as the 
source of all power, can alone declare the course that Texas 
shall pursue, and, in the opinion of the Executive, they 
demand that the legislature shall provide a legal means by 
which they shall express their will, as free men at the ballot- 
box. They have stood aloof from revolutionary schemes, and 
now await the action of your honorable body, that they may, 
in a legitimate manner, speak through the ballot-box. As one 
of the special objects for which you were convened, the 
Executive would press this upon your attention, and would 
urge that such action be as prompt as possible. 
*** * * * * ***# 

" Be their voice as it may, we shall be united ; and 
whether our future be prosperous or gloomy, a common faith 
and hope will actuate us. 

*** * * * * ***♦ 

" We have gone through one revolution in Texas a united 
people. We can be united again, and will be, if the people 
are intrusted with the control of their destinies.' ' 

The Secession Convention assembled at Austin, on the 28th 
of January, 1861, and found the legislature in session. 






HISTORY OF TEXAS. 391 

Oran M. Koberts, one of the judges of the Supreme Court, 
was elected its president. The necessary committees were 
appointed and the convention proceeded with all due solem- 
nity to the consideration of the grave question whose 
consideration had brought them together. The legislature 
promptly passed an act, recognizing it as a plenary body, 
representing the sovereignty of the people of Texas. On 
February 1st it passed an ordinance dissolving the relations 
of the State of Texas to the Federal government, and declar- 
ing that Texas resumed her position as an independent gov- 
ernment. Following this step, — feeling that the ordinance 
did not fully express the grounds for this action, on motion 
duly adopted a committee of live was appointed to pre- 
pare a declaration of causes which impelled the action of 
Texas. That committee consisted of John Henry Brown of 
Bell, as chairman, Pryor Lea of Goliad, Malcolm D. Gra- 
ham of Eusk, George Flournoy of Travis, and A. P. Wiley 
of Walker. The committee on the 2d day of February 
reported and the convention enthusiastically adopted the 
following: 

A DECLARATION OF THE CAUSES WHICH IMPEL THE 
STATE OF TEXAS TO SECEDE FROM THE FEDERAL 
UNION. 

The Government of the United States, by certain Joint 
Resolutions, bearing date on the first day of March, in the 
year A. D. 1845, proposed to the Republic of Texas, then a 
free, sovereign and independent nation, the annexation 
of the latter to the former as one of the co-equal States 
thereof. 

The people of Texas, by deputies in convention assembled, 
on the fourth day of July of the same year, assented to and 
accepted said proposals, and formed a constitution for the 
proposed State, upon which, on the twenty-ninth day of De- 



392 HISTORY OF TEXAS. 

cember, of the same year, said State was formally received 
into the confederated Union. 

Texas abandoned her separate national existence and con- 
sented to become one of the confederated States, to promote 
her welfare, insure domestic tranquility and secure more sub- 
stantially the blessings of liberty and peace to her people. 
She was received into the confederacy, with her own consti- 
tution, under the guarantees of the Federal constitution and 
the compact of annexation, that she should enjoy these 
blessings. She was received as a commonwealth, holding, 
maintaining and protecting the institution known as negro 
slavery — the servitude of the African to the white race within 
her limits — a relation that had existed from the first settlement 
of her wilderness by the white race, and which her people 
intended should continue to exist in all future time. Her 
institutions and geographical position established the strongest 
ties between her and the other slaveholding States of the 
Confederacy. These ties have been strengthened by the 
association. But what has been the course of the govern- 
ment of the United States, and of the people and authorities 
of the non-slaveholding States, since our connection with 
them? 

The controlling majority of the Federal Government, under 
various pretenses and disguises, has so administered the same 
as to exclude the citizens of the southern States, unless under 
odious and unconstitutional restrictions, from all the immense 
territory owned in common by all the States, on the Pacific 
ocean, for the avowed purpose of acquiring sufficient power 
in the common government, to use it as a means of destroy- 
ing the institutions of Texas and her sister slaveholding 
States. 

By the disloyalty of the northern States and their citizens, 
and the imbecility of the Federal Government, infamous com- 
binations of incendiaries and outlaws have been permitted in 
those States and the common territory of Kansas, to trample 



HISTORY OF TEXAS, 



393 



upon the Federal laws, to war upon the lives and property of 
southern citizens in that territory, and, finally, by violence 
and mob law, to usurp the possession of the same, as ex- 
clusively the property of the northern States. 

The Federal Government, while but partially under' the 
control of these our unnatural and sectional enemies, has, for 
years, almost entirely failed to protect* the lives and property 
of the people of Texas against the Indian savages on our bor- 
ders; and, more recently, against the murderous forays of 
banditti from the neighboring territory of Mexico, and when 
our State Government has expended large amounts for such 
purposes, the Federal Government has refused re-imbursement 
therefor — thus rendering our condition more insecure and 
harassing than it was during the existence of the Republic of 
Texas. 

These and other wrongs we have patiently borne, in the 
vain hope that a returning sense of justice and humanity 
would induce a different course of administration. 

When we advert to the course of individual non-slavehold- 
ing States and that of a majority of their citizens, our 
grievances assume far greater magnitude. 

The States of Maine, Vermont, New Hampshire, Connecti- 
cut, Rhode Island, Massachusetts, New York, Pennsylvania, 
Ohio, Wisconsin, Michigan and Iowa, by solemn legislative 
enactments, have deliberately, directly, or indirectly, violated 
the third clause of the second section of the fourth article of 
the Federal constitution, and laws passed in pursuance 
thereof; thereby annulling a material provision of the com- 
pact, designed by its framers to perpetuate amity between 
the members of the Confederacy, and to secure the rights of 
the slaveholding States in their domestic institutions — a pro- 
vision founded in justice and wisdom, and without the en- 
forcement of which the compact fails to accomplish the object 
of its creation. Some of those States have imposed high 
fines and degrading penalties upon any of their citizens or 



394 HISTORY OF TEXAS. 

officers who may carry out in good faith that provision of the 
compact, or the Federal laws enacted in accordance therewith. 

In all of the non-slaveholding States, in violation of that 
good faith and comity which should exist even between 
entirely distinct nations, the people have formed themselves 
into a great sectional party, now strong enough in numbers 
to control the affairs of each of those States, based upon the 
unnatural feeling of hostility to these southern States and 
their beneficent and patriarchal system of African slavery — 
proclaiming the debasing doctrine of the equality of men, 
irrespective of race or color — a doctrine at war with nature, 
in opposition to the experience of mankind, and in violation 
of the plainest revelations of the divine law. They demand 
the abolition of negro slavery throughout the confederacy — 
the recognition of political equality between the white and 
negro races — and avow their determination to press on their 
crusade against us, so long as a negro slave remains in these 
States. 

For years past this abolition organization has been actively 
sowing the seeds of discord through the Union, and has ren- 
dered the Federal Congress the arena for spreading firebrands 
and hatred between the slaveholding and non-slaveholding 
States. 

By consolidating their strength, they have placed the 
slaveholding States in a hopeless minority in the Federal 
Congress and rendered representation of no avail in protect- 
ing southern rights against their exactions and encroach- 
ments. 

They have proclaimed, and at the ballot box sustained, the 
revolutionary doctrine that there is a "higher law " than the 
constitution and laws of our Federal Union, and virtually, 
that they will disregard their oaths and trample upon our 
rights. 

They have, for years past, encouraged and sustained law- 
less organizations to steal our slaves and prevent their recap- 



HISTORY OF TEXAS. 395 

ture, and have repeatedly murdered southern citizens while 
lawfully seeking their rendition. 

They have invaded southern soil and murdered unoffending 
citizens, and through the press, their leading men and a 
fanatical pulpit, have bestowed praise upon the actors and 
assassins in these crimes — while the Governors of several of 
their States have refused to deliver parties implicated and 
indicted for participation in such offenses, upon the legal 
demands of the States aggrieved. 

They have, through the mails and hired emissaries, sent 
seditious pamphlets and papers among us to stir up servile 
insurrection and bring blood and carnage to our firesides. 

They have sent hired emissaries among us to burn our 
towns and distribute arms and poison to our slaves, for the 
same purpose. 

They have impoverished the slaveholding States by unequal 
and partial legislation, thereby enriching themselves by drain- 
ing our substance. 

They have refused to vote appropriations for protecting 
Texas against ruthless savages, for the sole reason that she 
is a slaveholding State. 

And, finally, by the combined sectional vote of the seven- 
teen non-slaveholding States, they have elected as President 
and Vice-President of the whole Confederacy, two men whose 
chief claims to such high positions, are their approval of 
these long continued wrongs, and their pledge to continue 
them to the final consummation of these schemes for the ruin 
of the slaveholding States. 

In view of these and many other facts, it is meet that our 
views should be distinctly proclaimed. 

We hold, as undeniable truths, that the governments of the 
various States, and of the Confederacy itself , were established 
exclusively by the white race, for themselves and their pos- 
terity ; that the African race had no agency in their establish- 



396 HISTORY OF TEXAS. 

ment ; that they were rightfully held and regarded as an 
inferior and dependent race, and in that condition only could 
their existence in this country be rendered beneficial or tol- 
erable : 

That, in this free government, all white men are, and 

OF RIGHT OUGHT TO BE, ENTITLED TO EQUAL CIVIL AND POLIT- 
ICAL rights; that the servitude of the African race, as exist- 
ing in these States, is mutually beneficial to both bond and 
free, and is abundantly authorized and justified by the 
experience of mankind, and the revealed will of the Almighty 
Creator, as recognized by all Christian nations ; while the 
destruction of the existing relations between the two races, as 
advanced by our sectional enemies, would bring inevitable 
calamities upon both, and desolation upon the fifteen slave- 
holding States: 

By the secession of six of the slaveholding States, and the 
certainty that others will speedily do likewise, Texas has no 
alternative but to remain in isolated connection with the 
north, or unite her destinies with the south. 

For these and other reasons — solemnly asserting that the 
Federal constitution has been violated and virtually abrogated 
by the several States named ; seeing that the Federal govern- 
ment is now passing under the control of our sectional ene- 
mies, to be diverted from the exalted objects of its creation, 
to those of oppression and wrong ; and realizing that our 
State can no longer look for protection, but to God and her 
own sons: We, the delegates of the people of Texas, in 
convention assembled, have passed an ordinance dissolving 
all political connection with the government of the 'United 
States of America, and the people thereof — and confidently 
appeal to the intelligence and patriotism of the freemen of 
Texas to ratify the same at the ballot-box, on the 23rd day of 
the present month. 

Adopted in convention, on the second day of February, in 



HISTORY OF TEXAS. 



397 



the year of our Lord one thousand eight hundred and sixty- 
one, and of the independence of Texas the twenty-fifth. 

O. M. Roberts, President, 
James M. Maxey, 
Lewis W. Moore, 



Edwin Waller, 
L. A. Abercrombie, 
W. A. Allen, 
Jas. M. Anderson, 
T. S. Anderson, 
Jas. R. Armstrong, 
Richard L. Askew, 
W. S. J. Adams, 
Wm.C. Batte, 
S. W. Beasley, 
John Box, 
H. Newton Durditt, 
Jas. M. Burroughs, 
John I. Burton, 
S. E. Black, 
W. T. Blythe, 
Amzi Bradshaw, 
R. Weakley Brahan, 
A. S. Broaddus, 
John Henry Brown, 
Robert C. Campbell, 
Lewis F. Casey, 
Wm. Chambers, 
T. J. Chambers, 
John Green Chambers, 
John Littleton, 
M. F. Locke, 
Oliver Lofton, 
Thos. S. Lubbock, 
P. N. Luckett, 
Henry A. Maltby, 
Jesse Marshall, 



Wm. McCraven, 
Wm. Mcintosh, 
Gilchrist McKay, 
Thos. M. McCraw, 
Wm. Goodloe Miller, 
Albert N. Mills, 
Thos. Moore, 
Thos. C. Moore, 
Charles de Montel, 

B. F. Moss, 
John Muller, 
Thos. J. Nash, 
A. Nauendorf, 
T. C. Neel, 
Allison Nelson, 
James F. Newsom, 
N. B. Charlton, 
Geo. W. Chilton, 
Isham Chisum, 
Wm. Clark, Jr., 

J. A. Clayton, 
Chas. L. Cleveland, 
A. G. Clopton, 
Richard Coke, 
James E. Cook, 
Jno. W. Dancy, 
A. H. Davidson, 

C. Deen, 

Thos. J. Devine, 
Thos. G. Davenport, 



398 



HISTORY OF TEXAS. 



Jas. J. Diamond, 
William Diamond, 
Jno. Donelson, 
Jos. H. Durham, 
Edward Dougherty, 
H. H. Edwards, 
Elbert Early, 
Jno. N, Fall, 
Drury Field, 
Jno. H. Feeney, 
Geo. Flournoy, 
Spencer Ford, 
Jno. S. Ford, 
Thos. C. Frost, 
Amos. P. Galloway. 
Chas. Ganahl, 
Charles Stewart, 
F. S. Stockdale, 
Wm. H. Stewart, 
Pleasant Taylor, 

B. F. Terry, 
Nathaniel Terry, 
James Hooker, 
Edward R. Hord, 
Russell Howard, 
A. Clark Hoyl. 
Thos. P. Hughes, 
J. W. Hutcheson, 
Jno. Ireland, 
Thos. J. Jennings, 
F. Jones, 

W. C. Kelly, 
T. Koester, 

C. M. Lesueur, 
Robt. Graham, 



Malcom D. Graham, 
Peter* W. Gray, 
Jno. A. Green, 
Jno. Gregg, 
Wm. P. Hardeman, 
Jno. R. Hayes, 
Philemon T. Herbert, 
A. W. O. Hicks, 
Thos. B. J. Hill, 
Alfred M. Hobby, 
Joseph L. Hogg, 
J.J. Holt, 
W. M. Neyland, 
E. B. Nichols, 
A. J. Nicholson, 

E. P. Nicholson, 
James M. Norris, 
Alfred T. Obenchain, 
W. B. Ochiltree, 

W. S.Oldham, 
R. J. Palmer, 
W. M. Payne, 
W. K. Payne, 
William M. Peck, 
W. R. Poag, 
Alexandria Pope, 
David Y. Portis, 

D. M. Prendergast, 
Walter F. Preston, 

F. P. Price, 
A. T. Rainey, 
John H. Reagan, 
C. Rector, 

P. G. Rhome, 

E. S. C. Robertson, 



HISTORY OF TEXAS. 



399 



J. C. Bobertson, 
J. B. Robertson, 
William P. Rogers, 
James H. Rogers, 
Edward M. Ross, 
Jno. Rugeley, 
H. R. Runnels, 
E. B. Scarborough, 
Wm. T. Scott, 
William Reid Scurry, 
James E. Shepard, 
Sam S. Smith, 
Gideon Smith, 
John D. Stell, 
John G. Stewart, 
Robt. S. Gould, 



Pry or Lea, 
James S. Lester, 
E. Thomason, 
James P. Thomson, 
W. S. Todd, 
James Walworth, 
R. H. Ward, 
Wm. Warren, 
J as. C, Watkins, 
Jno. A. Wharton, 
Joseph P. Wier, 
Jno. A. Wilcox, 
A. P. Wiley, 
Ben. Williams. 
Jason Wilson, 
Phillip A. Work, 



F. W. Latham, 

R. T. Brownrigg, Secretary , 

Wm. Dunn Schoolfield, Assistant Secretary, 

R. W. Lunday, Assistant Secretary. 

One hundred and sixty-five names were appended to this 
Declaration. Seven members voted against the ordinance of 
secession and the Declaration, but all of them stood by the 
south during the war. Of the whole number of one hundred 
and seventy-two about one hundred and forty-five served in 
the Confederate army, the exceptions being men too advanced 
in years for military service, or those who labored under 
physical disabilities; seven of them became generals in the 
army, viz.: Allison Nelson, John Gregg, Wm. P. Harde- 
man, Jerome B. Robertson, Wm. Reed Scurry, John A. 
Wharton, and Joseph L. Hogg. Thirty rose to the rank of 
colonel, and it is believed that thirty were killed in battle or 
died in the service. 



CHAPTEE XXXVI. 

The vote on Secession by the people — Members to the Confederate Con- 
gress, etc., etc. 

Twenty thousand copies of the Declaration were printed in 
pamphlet form and scattered broadcast over the country. 
The convention took all necessary steps to secure the posts 
and arms belonging to the United States, from Brownsville to 
Eed Kiver. Colonel John S. Ford, accompanied by E. B. 
Nichols, was dispatched to Brownsville, to secure possession 
of the posts and arms on the Lower Rio Grande. Colonel 
Ben McCulloch, with several hundred men, accompanied by 
commissioners, was sent to San Antonio, the headquarters 
of the department of Texas, General David E. Twiggs com- 
manding. Colonel Henry E. McCulloch, with a hastily col- 
lected force, covered the central line of the frontier including 
Fort Mason and Fort Chadbourne, while Colonel Wm. C. 
Dalrymple, with several companies, including those of 
Captains Harrison and Ross, covered the line from Camp 
Cooper to Red River. After peaceful negotiations, the 
Federal commanders, seeing the hopelessness of resistance, 
and to avoid bloodshed, one by one surrendered the whole 
line, not a drop of blood being shed. Immediately thereupon 
these posts were occupied by Texas troops until other 
arrangements could be made. 

On the 4th of February the convention adjourned to re- 
assemble on the 2d day of March, the twenty-fifth anniver- 
sary of Texas independence, the day on which the ordinance 
of secession was to take effect, if ratified by the people at 
the election to be held on the 23d of February. Pending that 
period of nineteen days the country was ablaze with public 
(400) 



HISTORY OF TEXAS. 401 

meetings, and prominent speakers addressed the people in 
almost every county in the State. 

On re-assembling on the 2d of March the convention found 
by the returns that a little under forty-six thousand votes had 
been cast for the ordinance and a little over thirteen thou- 
sand against it, in the ratio of about three and one-half to 
one ; whereupon, the president of the convention proclaimed 
the result and declared Texas out of the Union. 

At its first session the convention elected as its provisional 
representatives, Messrs. John Hemphill, Louis T. Wigfall, 
John Gregg, Wm. B. Ochiltree, Williamson S.Oldham, John 
A. Wilcox and Franklin B. Sexton to represent Texas in the 
Congress of the southern States at Montgomery, Alabama, 
with authority, provisionally to associate Texas with them in 
the formation of a new government, but declaring that no 
permanent constitution should be binding on Texas unless 
previously ratified by the respective States, forming the new 
government. 

On the re-assembling on the 2d of March, as already stated, 
the Convention, on the 4th of that month, adopted the fol- 
lowing: 



ORDINANCE IN RELATION TO A UNION OF THE STATE 
OF TEXAS WITH THE CONFEDERATE STATES OF 
AMERICA. 

"Whereas, the convention of this State has received 
information that the Confederate States of America, now in 
session at Montgomery in the State of Alabama, has adopted 
a constitution for a provisional government, which constitu- 
tion is modeled on that of the United States of America; and 

Whereas, as a seceding State, it becomes expedient and 
proper that Texas should join said confederacy, and share its 
destinies ; and 

Whereas, A delegation consisting of seven members has 

26 



402 HISTORY OF TEXAS. 

already been elected by the convention to the Congress of the 
Confederacy aforesaid, 

Therefore, The people of Texas, in convention assembled, 
have ordained and declared and do hereby ordain and declare, 
that the delegation aforesaid to the Congress aforesaid, be, 
and are hereby instructed, and we do accordingly instruct 
them in behalf of the State, and, as representing its sovereign 
authority, to apply for the admission of this State into the 
said Confederacy, and to that end and for that purpose, to 
give in the adhesion of Texas to the provisional constitution 
of said Confederate States, which said constitution, this con- 
vention hereby approves, ratifies and accepts. 

Section 2. Be it further ordained, That the delegation 
appointed by this convention to the Congress of the confed- 
erate States, be and are hereby authorized to act in said 
Congress as the duly accredited representatives of the State of 
Texas. Provided, however, that any permanent constitution 
which maybe formed by said Congress shall not become obli- 
gatory on this State, until approved in such way as shall be 
determined upon. 

Section 3. Be it further ordained, That the president of the 
convention immediately transmit, through such channel as he 
may select, a copy or copies of this ordinance to the Congress 
at Montgomery, and the members of Congress from this State. 

Adopted March 4th, 1861. 

Oran M. Roberts, President. 

E. T. Browjsrigg, Secretary." 

On the 18th of February, 1861, a formal agreement was 
signed at San Antonio by Gen. David E. Twiggs, U. S. A., 
commanding the Department of Texas, and Messrs. Thomas 
J. Devine, P. N. Luckett, and S. A. Maverick, commission- 
ers on the part of Texas, providing for the peaceful evacuation 
of the posts of Texas by the troops of the United States, all 
of which was effected peacefully. 



HISTORY OF TEXAS. 



403 



A committee of thirteen was appointed by the convention 
to confer with Governor Houston and inform him that by the 
action of the convention and the vote of the people Texas 
was again " a free, sovereign and independent State." 
Governor Houston remonstrated against any further action 
by the convention, holding, that their functions ceased, by 
the adoption of the ordinances at their first session, and 
advocated a convention of all the southern States, as con- 
ditionally provided for in the act of 1858. The convention 
proceeded on the hypothesis that secession was an accom- 
plished fact and that Texas had become one of the Confed- 
erate States. It logically followed, from this point of view, 
that all State, district and county officers, having taken an 
oath to support the constitution of the United States, and 
of this State, the sovereignty of the people in convention 
assembled was the only power which could relieve them of 
this obligation or any of its parts. The constitution of the 
State, therefore, was so amended as to substitute " Confed- 
erate States " for "United States" wherever they occurred 
in the constitution. An ordinance was passed, in order to 
give force and effect to these changes requiring all officers, 
State, district and county, to take a new oath in accordance 
with these changes. In other words to support the constitu- 
tion of the Confederate States. 

The hour of noon, on the 16th of March, was fixed as the 
time and the Convention hall as the place at which all State 
officers then in Austin should take the oath, the result of 
refusal necessarily leading to the vacation of their positions. 
This placed Governor Houston in a very trying position. . So 
far as known or believed, with not exceeding two or three 
individual exceptions, every secessionist in that convention 
earnestly desired that Governor Houston should assume the 
new obligations, and continue to be the Governor of the State. 
When the appointed hour arrived, the hall being crowded 
with spectators, the great majority believed and all seemed to 



404 HISTORY OF TEXAS. 

hope that he would appear; but he did not, nor did Hon. E. 
W. Cave, his Secretary of State, nor Hon. A. B. Norton, 
Adjutant-General. Lieut. Gov. Ed. Clark, Comptroller, C. R. 
Johns, Treasurer, Cyrus H. Randolph, Land Commissioner, 
Francis M. White, and every other State officer in Austin, 
including supreme and district judges and chiefs of bureaus, 
appeared and took the oath. 1 

On the second morning following, Governor Houston, 
though the executive office was opened, failed to make his ap- 
pearance, as had been his uniform custom, and Lieutenant- 
Governor Clark entered upon his duties as acting Governor. 
The whole was accomplished without the least apparent fric- 
tion, and a few days later Governor Houston retired with his 
family to his home in Independence and subsequently to 
Huntsville, his last home. It was a solemn occasion, wit- 
nessed with painful interest by many who favored the course 
taken, but most sincerely regretted that the Governor could 
not acquiesce in the public voice. 

During these exciting times fraternal commissioners from 
the States already seceded arrived in Austin and were accorded 
courteous receptions by Governor Houston and the convention. 

Among those who approved of Governor Houston's course 
and were his special friends through this emergency, were a 
number of distinguished men of long-tried fidelity to the in- 
terests of Texas, the more prominent of whom were : Ex- 
Governor E. M. Pease, Congressman A. J. Hamilton, Judge 
John Hancock, George W. Paschal, all of Austin, and a num- 
ber from other portions of the State; while among the seces- 
sionists were a large number of his oldest and most steadfast 
friends. 

Of the one hundred and seventy-four delegates, one hun- 

1 The first person in the State to take this oath, administered to him in 
the Convention Hall by District Judge Thomas J. Devine, was Edward Linn 
of Victoria, Spanish translator in the Land Office, who was born and 
reared in the State of New York and had lived In Texas since 1831. 




EX.-GOV. EDWARD CLARK 



HISTORY OF TEXAS. 405 

dred and sixty-seven voted for the ordinance of secession, and 
only seven against it, viz. : Thomas P. Hughes of Williamson 
William H. Johnson of Lamar ; Joshua Johnson of Titus 
A. P. Shuford of Wood ; James W. Throckmorton of Collin 
— Williams of Lamar, and George W. Wright of Lamar 
but Judge Hughes signed the ordinance of secession. Each of 
these gentlemen, however, stood by the south throughout the 
war, and most of them gained distinction as soldiers. It is 
also proper to state that Maj. E. W. Cave, Secretary of 
State, who, as a member of Governor Houston's official 
family, declined taking the oath, sustained the south during 
the war, and won admiration by his gallantry in the battle of 
Galveston, January 1st, 1863. 

The convention appointed Messrs. Pryor Lea of Goliad, 
John D. Stell of Leon, and John Henry Brown of Bell, to 
prepare an address to the people explaining and defending the 
action of the convention. An able and conservative address, 
prepared by Judge Lea, was widely scattered over the State. 

During the recess of the convention a large committee 
of well-known members of the convention, and styled the 
Committee of Public Safely, remained on duty, directing the 
course of events. Of this committee John C. Robertson, then 
and still of Tyler, was the wise and discreet chairman. 

A state of war having been proclaimed by the Governor on 
the 8th of June, the most energetic measures were succes- 
sively adopted for raising and drilling troops, and the militia, 
under officers previously commissioned by Gov. Houston, 
was partially organized. The government of the United 
States dispatched the steamer Star of the West for Matagorda 
Bay, afterwards understood to have been sent to transport 
the retiring Federal troops to the north ; but Colonel Earl 
Van Dorn, having resigned his position in the United States 
Army, at the head of a body of volunteers, sailed from Gal- 
veston to that bay and captured the Star of the West. The 
troops from the frontier, on arriving at Matagorda Bay, 



406 HISTORY OF TEXAS. 

Major J. J. Sibley — their commander ; placed them on board 
of sail vessels, when Colonel Van Dorn, joined by volunteers 
from the interior, again appeared, on the steamer Gen. Rusk, 
and captured them. They were, however, paroled and 
allowed to leave the State. A little later the troops from the 
posts on the Upper Rio Grande were en route to the coast, 
fully armed, when on the 9th of May, at the head of several 
hundred volunteers, Col. Van Dorn met them twelve miles west 
of San Antonio, and demanded their surrender, with which they 
complied, being without orders from their own government; 
the officers of the command were at once paroled; the private 
soldiers allowed to do as they thought proper — disperse, 
leave the State or remain citizens. A portion of them formed 
a company of regulars and joined the Confederate service. 
Early in May Colonel Wm. C. Young, of Cooke County, at the 
head of a regiment of newly-raised volunteers, crossed Red 
River and captured Forts Arbuckle, Washita, and Cobb, the 
Federal forces under Major Wm. H. Emory retiring into 
Kansas. In this expedition James W. Throckmorton, one of 
the seven who voted against the ordinance of secession, gal- 
lantly commanded a large company of volunteers — the same 
who served under him later in the 6th Texas cavalry. 

On the 2d of July, Galveston was blockaded by a Federal 
fleet and soon afterwards all the ports on the Texas coast 
shared a like fate, leaving the Texas ports shut in from the 
outside world, unless through the hazards of blockade- 
running, which was conducted more or less extensively during 
the ensuing war. Governor Clark formed several camps of 
instruction and made every effort to prepare for the impend- 
ing crisis. Under his administration, Bird Holland and Charles 
S. West respectively succeeded Major E. W. Cave as Secre- 
tary of State, the other State officers continuing, as heretofore 
stated, in their respective positions. 

At the election in September, 1861, Francis R. Lubbock 
of Houston was chosen Governor by a vote of 21,854 to 
21,730 cast for Edward Clark, besides 13,759 for T. J. 



HISTORY OF TEXAS. 407 

Chambers. John M. Crockett of Dallas was elected Lieut. - 
Governor. Mr. Lubbock was inaugurated on the 7th of 
November, 1861, and served for two years. 

The convention organized a twelve months' regiment and 
elected as its officers: John S. Ford, Colonel ; JohnR. Baylor, 
Lieut.-Col. and H. A. Hamner, Major. It was divided; 
Ford, with one battalion, covered the lower Rio Grande: 
Baylor, with the other, marched to El Paso and the Mesilla 
Valley above, where he rendered brilliant and important 
service ; Hamner with a detachment occupied the posts on 
the El Paso route. 

In the autumn of 1861, a brigade of three regiments and 
one or two batteries, afterwards known as the Sibley brigade, 
commanded by Gen. H. H. Sibley, the colonels being Wm. 
Steele, James Reiley and Tom Green, was organized near San 
Antonio. It marched at once for El Paso and New Mexico 
and arrived at El Paso on the 16th of December. On the 
20th of February, 1862, it reached the vicinity of Fort Craig 
in New Mexico. On the 21st a severe battle was fought at 
Val Verde, the Texians being attacked in their position by 
the troops in the fort, but they remained masters of the field 
after capturing six pieces of artillery and numerous prison- 
ers. The Federals retired to the fort and continued their 
retreat in the direction of Santa Fe. The Texians pursued, 
and, on the 23d of March, arrived at Santa Fe. On 
the 27th, at Glorietta, twenty miles north of that place, 
a large detachment of the command had a severe engage- 
ment with the Federals, and lost heavily in killed and 
prisoners. It became evident that the brigade could not 
maintain its position, and it was determined to return to 
Texas. Being pursued, several minor engagements took 
place, the last being at Peralta, on the 23rd of April. The 
Texian aggregate loss in killed, wounded and prisoners in the 
campaign, approximated five hundred men, including Lieut.- 
Col. Lockridge. The command, without other serious adven- 
ture, reached San Antonio, and soon proceeded to Louisi ana 



CHAPTER XXXVII. 

Organization of regiments in Texas — General Hebert in command — He 
declared martial law and aroused opposition. 

On the 26th of February, 1862, Governor Lubbock called 
for fourteen regiments, and they were speedily in camps of 
instruction. General P. O. Hebert was first placed in com- 
mand of Texas by the Confederate government. 

On the 30th of May, 1862, Gen. Hebert issued an order 
proclaiming martial law and, in various other ways, excited 
strong opposition to himself as a commander. This order 
contained the essence of one man power and was repugnant 
to the principles almost universally held by the people of 
Texas. It clothed provost-marshals of his own appointment 
with despotic power, and in fact tended to weaken the cause 
for which Texas was contending. Anions: other things he 
said: "All orders issued by the provost-marshals in the 
execution of their duties shall be promptly obeyed. Any 
disobedience of summons emanating from them, shall be 
dealt with summarily. All officers commanding troops will 
promptly comply with any requisitions made upon them by 
provost-marshals for aid or assistance." 

On the 21st of November, 1862, Gen. Hebert issued an 
order prohibiting the exportation of cotton except by author- 
ized agents of the government. In February, 1863, Gen. 
Magruder, his successor, imposed additional conditions relative 
to the exportation of cotton across the Eio Grande ; but in 
April, he superseded these orders by others much more 
satisfactory to the country. On the 29th of November, 1862, 
Hebert was succeeded by Gen. J. Bankhead Magruder, who 
(408) 



HISTORY OF TEXAS. 409 

at once called for L0,000 additional troops, which were soon 
mustered into service. At the close of 1862 there were in the 
Confederate service at least 75,000 soldiers from Texas, 
including those in Mis^uri, Arkansas, Louisiana, Tennessee, 
Mississippi, Hood's brigade in Virginia, and on the coast and 
frontier of Texas. This number exceeded by over 10,000 
the highest number of votes ever cast in the State. 

Commodore Eagle of the blockading squadron, in the 
month of May, 1862, made demand for the surrender of 
Galveston, but knowing that he had no land force to occupy 
the city or mainland, the demand was refused. It was 
repeated, however, on the 4th of October, with the assurance 
that he had a force to hold the island. He allowed four days 
for the removal of non-combatants. The Texas troops and 
large numbers of people retired to Virginia Point on the 
mainland. The Commodore sent 260 of the forty-second 
Massachusetts regiment, with several war vessels, into the 
harbor. The troops were landed, took possession of one of 
the wharves and raised the Federal flag on the custom house. 
Four weeks later, Gen. Magruder assumed command in 
Texas and at once determined to recover the Island. The 
return of Sibley's brigade from New Mexico placed at his 
command a large force of tried soldiers, which was supple- 
mented by four or five thousand State troops, called into 
service for the time being. Magruder made his preparations 
with skill and secrecy, and, on the 29th of December, arrived 
at Virginia Point. Two steamboats, the Neptune and Bayou 
C^y, lying in Buffalo Bayou, fitted up as gunboats, using 
cotton bales as breast-works, and accompanied by the Lucy 
Gwinn and John F. Carr as tenders, and manned by the 
troops of Sibley, were dispatched to the head of Galveston 
Bay. They were ordered to enter Galveston harbor on the 
night of December 31st. Early in that night, Magruder, 
with the land forces passed from Virginia Point to the island 
and took position in the city, preparatory to an attack in the 



410 HISTORY OF TEXAS. 

morning. The steamer Harriet Lane was at the wharf. The 
brig Westfield, the gunboat Owassee, and the transport 
Clifton were lying in the harbor. The battle was opened by 
Magruder in the city. Upon the signal being given the Con- 
federate boats attacked the Harriet Lane. The Neptune was 
sunk in shallow water. The Bayou City became entangled 
in the rigging of the Harriet Lane. The Texians leaped on 
board, and the vessel, having lost its principal officers, sur- 
rendered. The Massachusetts troops on the wharf, (from 
the land end of, which the planks had been removed), after a 
stubborn resistance, surrendered, as did also several Federal 
vessels, among which were a bark and some smaller craft. 

The Westtield, in an endeavor to leave the harbor, ran 
aground. To prevent her capture by the Confederates a train 
was laid, by her retreating crew, to blow her up. The ex- 
plosion, failing to occur as was expected, fifteen men under 
Commodore Renshaw returned on board to correct the defect, 
when the explosion occurred, and every man on board was 
killed. All the escaping vessels crossed the bar and joined 
the fleet outside. 

Captain Wainwright and Lieutenant Lea of the Harriet 
Lane were both killed, the former being known to the Con- 
federates as a gallant officer and honorable gentleman, and the 
latter as the son of Major Alfred M. Lea of Texas, — a noted 
engineer who was in the attacking party. They were buried 
w r ith distinguished military honors. 

Thus the island of Galveston was captured to remain in pos- 
session of the Confederates until the conclusion of the war. 
It was considered one of the most remarkable achievements of 
the war, and Texas felt justly proud of the success of her 
officers and men. Gen. Magruder was profuse in his praises 
of Colonels Tom Green, Steele, Lieut-Col. Scurry, Colonel 
Wm. P. Hardeman and Colonel H. M. Elmore. 

The Confederate troops engaged in this action afterwards 
figured with distinction in the campaigns of Louisiana. 



HISTORY OF TEXAS. 41 K 

In the spring of 1861, Col. Ben McCulloch of Texas was 
appointed by President Davis a brigadier-general, and assigned 
to the command of the Indian territory west of Missouri 
and Arkansas. He assumed command without men, money, 
or munitions of war. In providing these he acted with energy 
and success. He was soon joined by several regiments from 
Arkansas, five of which under Gen. N. B. Pearce were State 
troops, called out for three months ; one regiment from 
Louisiana, and Greer's 3rd regiment of Texas cavalry. Gen.. 
Price, at the head of the Missouri militia, was driven into the 
southwest corner of Missouri and there met by the forces 
under Mc. Culloch who, soon after, was placed temporarily at 
the head of the combined forces. On the 10th of August, 1861,. 
they were attacked by Gen Lyon of the Federal army at Oak 
Hills on Wilson's Creek, — 10 miles south of Springfield, 
and a bloody battle, lasting for six or seven hours, ensued,, 
in which Gen. Lyon was killed and his army routed. Soon 
afterwards, the Arkansas State troops were discharged, leav- 
ing McCulloch a force too small for offensive action and 
scarcely sufficient to guard the frontier of southwest Missouri 
and northwest Arkansas, against invasions from Kansas. 
Gen. Price moved against Lexington on the Missouri river 
which was fortified and held by a garrison of Federal troops- 
Thousands of Missourians flocked to the standard of Price, 
and Lexington, after a stubborn resistance, was captured, to- 
gether with its entire garrison. The great body of Price's- 
troops were undisciplined men. The Federals promptly dis- 
patched an overwhelming force from St. Louis, by river and. 
rail, to cut off Price's retreat, but he succeeded, by a rapid 
movement south, in evading them, and was met at Neosho by 
McCulloch with all the force at his command. Gen. Fremont,, 
the Federal commander, retired and was succeeded by Gen. 
Hunter who, for a short time, held Springfield, Mo. Price 
took position near Pineville, McCulloch near Cassville, and, 
about this time, was re-inforced by the mounted regi- 



412 HISTORY OF TEXAS. 

merits of Stone, Win. C. Young, Simms, and some 
others from Texas, together with a number of regiments 
from Arkansas. The Arkansas regiments of Churchill, 
Mcintosh, McNair and the battalions of McRea were 
still with him. He made a move on Springfield simultane- 
ously with the retreat of Gen. Hunter from that place, but 
found it already evacuated. The troops under Price went 
into winter quarters at and near Springfield, greatly reduced 
in numbers by the return of unorganized men to their 
homes. McCulloch placed his troops in winter quarters in 
northwestern Arkansas, from the State line to the Arkansas 
river, on which the cavalry on account of forage, were chiefly 
encamped. Gen. McCulloch proceeded to Richmond and 
returned in February, barely in time to join in the renewed 
hostilities. Gen. Price retreated from Springfield pursued 
by Gen. Curtis at the head of a large force, having 
numerous skirmishes. Curtis halted near the State line. 
He was met on that line by* most of McCulloch's 
infantry and, a day or two later, by his cavalry. It 
was there that McCulloch rejoined his command. The 
combined forces fell back through Fayetteville, the supplies 
in which were destroyed, and took position in the Boston 
mountains. In two or three days, Maj.-Gen. Earl Van Dorn 
arrived and assumed command of the entire forces under Price 
and McCulloch. About the 4th of March, the united forces 
moved north, via Fayetteville and Bentonville, for the purpose 
of attacking Gen. Curtis in his strong hill-protected position 
in the vicinity of the Elkhorn Tavern and on the State line. 
On the afternoon of the 6th, heavy skirmishing took place. 
On the morning of the 7th, Van Dorn, with Price's Division, 
passed up the road to the north of Curtis' position, while 
McCulloch diverged to the right and attacked the lower por- 
tion of the army. The battle of Elkhorn ensued. Price gal- 
lantly attacked, and gallantly, throughout the day, fought 
the northern portion of the Federal encampment. McCulloch 



HISTORY OF TEXAS. 413- 

engaged the forces below, first by a charge of three regiments 
and a battalion of cavalry, by the capture of a battery and the 
repulse of its infantry support, which fell back under a 
wooded hill, where neither party could see the position of the 
other. Then placing his infantry regiments and artillery in 
position for an advance movement, he moved forward, alone, 
through dense woods and underbrush. Riding forward to 
discover the position of the enemy, he was fired upon by a 
company of sharp-shooters and shot through the heart and 
instantly killed. So dense was the brush that he was seen to 
fall by but two persons, Gen. James Mcintosh, the next in 
command, and Lieutenant Samuel Hyams of Louisiana. Gen. 
Mcintosh at once assumed command and while gallantly leading 
the charge, not more than fifteen minutes after the fall of Mc- 
Culloch, was also shot through the heart. Almost at the same 
time, Col. Louis Hebert of the Third Louisiana regiment, the 
next officer in rank, was captured by the enemy. No one knew 
who the next ranking officer was — the forward movement 
was checked and, while every one was confident of victory, 
the absence of a commanding officer soon caused confusion, 
and so the day passed away. During the night Gen. Van 
Dorn ordered the troops to move around the mountain to 
Price's position. It is enough to say — omitting further 
details, the army retired southeasterly towards the Arkansas 
River, leaving in a house in the field, mortally wounded, the 
heroic General Wm. Y. Slack of Missouri, besides others, 
killed, wounded or prisoners. The retreating forces, without 
further engagements, reached the Arkansas River. The wagon 
trains, separated from the army by the Federals, under the 
leadership of Gen. Martin Green of Missouri and Col. B. 
Warren Stone of Texas, successfully retreated on a more 
westerly road. The Texas troops participating in the battle 
of Elkhorn, were the regiments of Col. Elkanah Greer, 
Lieut-Col. Walter P. Lane, Col. B. Warren Stone, Lieut- 
Col. John S. Griffith and Major L. S. Ross, Col. W 7 m. C. 



414 HISTORY OF TEXAS. 

Youog, (sick and Lieut. -Col. J. J. Diamond commanding). 
Col. Simms (arm broken), Whitfield's battalion and the 
battery of Capt. John J. Good of Dallas. 1 

1 There are so many Missourians in Texas ; the position of that State in 
the war was so peculiar and the author of this work, which is devoted to 
Texian history, having come into being on its soil, the following explana- 
tory points are stated, viz.: Claiborne F. Jackson, as a "Douglas Demo- 
crat," was elected governor in 1860. He became a secessionist after the 
election of Mr. Lincoln. A State convention was called of which Gen. 
Sterling Price was president. That body, with certain provisos, refused to 
secede, but by a small majority. Gov. Jackson bluntly refused to furnish 
a man or a gun, in obedience to President Lincoln's call, to coerce the 
States. The United States military power was invoked and troops started 
to capture the capitol and the Governor of Missouri. The Governor 
appointed, under a new law of the State, Sterling Price major-general of 
the militia and a brigadier-general for each of the eight districts into which 
the State was divided. On the approach of 'the Federals the Governor 
retired from the capitol and joined Gen. Price. A small battle was fought 
near Boonville, the Missourians retiring. Trouble also arose in St. Louis 
and elsewhere. Gov. Jackson and Gen. Price, with a few followers, 
retired to southwest Missouri and were soon joined by many others. Gov- 
ernor Jackson, by proclamation, called the legislature to meet in extraordi- 
nary session at Neosho, which it did on the return of Price from Lexington, 
but it lacked two of a quorum. It then adjourned to meet at Cassville a 
few days later, when a quorum appeared and it passed an act seceding from 
the Union, and elected senators and representatives to the Confederate Con- 
gress. Gov. Jackson died in Arkansas a year later and Lieutenant-Governor 
Thomas C. Reynolds, who was in the awny in that State, assumed the func- 
tions until the war closed. The Federal authorities commissioned Hamilton 
R. Gamble of St. Louis, a man of southern birth and high character, adher- 
ing to the Union, as Governor, declaring the office vacated by Jackson. 
Thus Missouri had a resident and a non-resident Governor. The State was 
divided in sentiment and furnished 109,111 troops to the Union cause, while 
her thousands of Confederate troops won renown on scores of battlefields 
on both sides of the Mississippi. Her valiant leaders : Weightman at Oak 
Hills, Slack at Elk Horn, Green at Vicksburg, Little at Iuka, Cols. A. E. 
Steen, Chappell, Emmett McDonald, Wm. Riley, Joseph Porter, Frizbie 
McCullough, John Wyman, — Senteny, and scores of others gave up their 
lives for the cause they believed to be the cause of liberty. 



CHAPTEK XXXVIII. 

Texas troops — Battle of Shiloh — Surrender of Arkansas Post — Gens. 
Homes, Kirby Smith, Texian Officers — Death of Gen. Houston. 

A month after the battle of Elkhorn, that of Shiloh in Ten- 
nessee was fought on the 5th and 6th of April, where the 
Confederate cause met with an irreparable loss in the death 
of Gen. Albert Sidney Johnston, and, while the Confederates 
held the ground, it soon became evident that, by successive 
re-inforcements, the Federals would soon be in a position to 
reverse this state of affairs. To meet the anticipated emer- 
gency, Gen. Van Dorn was ordered to transfer the army of 
Elkhorn, through Memphis, to Corinth. The Texas reg- 
iments under him were embraced in this movement, and 
thereafter nearly all of them until the close of the struggle, 
served on the east side of the Mississippi, as did also the 
exchanged Texians who some months later were captured at 
Arkansas Post. At Corinth some of the Texas regiments 
were reorganized. Thus Lieut. -Col. Walter P. Lane for 
a time succeeded Col. Greer and Major L. S. Ross succeeded 
Col. Stone and afterwards became brigadier and was suc- 
ceeded by his brother, Peter Ross, as colonel. Major Whit- 
field became colonel and soon afterwards brigadier-general, 
and a number of other changes of like character took place. 

In 1861 three regiments of Texians repaired to Virginia 
and remained in that army until the close of the war. They 
were the 1st, 4th and 5th Texas Infantry, and won imperish- 
able fame as Hood's Texas brigade. The first colonels were 
Archer (afterwards killed as a brigadier), John B. Hood, 
who became a lieutenant-general and Louis T. Wizfall, who 
became a brigadier and resigned to serve in the senate. 

(415) 



416 HISTORY OF TEXAS. 

In the successive changes and promotions, John Marshall of 
Austin, became colonel of the 4th and was killed at Gaines 
Mill ; Jerome B. Robertson became colonel, then brigadier- 
general and was wounded so as to compel his retirement; 
Ben F. Carter became a colonel and was mortally wounded 
at Gettysburg ; John Gregg became a brigadier-general, and 
was killed around Richmond; Hugh McLeod died a colonel > 
at Dumfries, Virginia; John P. Bayne of Seguin, became a 
colonel, as did R. M. Powell of Montgomery; Clinton M, 
Winkler of Corsicana also became a colonel. 

One of the most distinguished of Texian regiments was the 
8th Texas, better known as Terry's Texas Rangers. Its first 
colonel, Benjamin F. Terry, was killed at Woodsonville, near 
Bowling Green, Kentucky, in the fall of 1861. Its second 
colonel, Thomas S. Lubbock, died in Tennessee, in the follow- 
ing winter. ( These two men won the highest praise for chival- 
ric daring as volunteer staff officers and are believed to have 
been the only Texians in the first battle of Manassas — July 
21st, 1861. They hurried home and raised the regiment 
now spoken of, and repaired to the seat of war east of the 
Mississippi.) The succeeding colonels of the regiment were 
John A. Wharton, who became a major-general; Thomas 
Harrison, who became a brigadier-general. The regiment 
was subsequently commanded by two or more different 
colonels. 

In the battle of Shiloh, Texas was represented by the 2d 
Regiment of Infantry, commanded by Colonel John C. Moore 
and Lieut. -Col. Ashbel Smith, who was severely wounded; 
Captain Clark L. Owen, of Texana, was among the killed, and 
Sam Houston Jr., was captured by the Federals. There soon 
arrived a regiment, commanded by Colonel Samuel B. Maxey, 
who became a major-general, succeeded by Col. Camp. There 
was also a Texas regiment at Fort Donnelson, in the winter 
of 1861-2, commanded by Col. G. H. Granbury of Waco, 
who became a brigadier-general and was killed at Franklin, 



HISTORY OF TEXAS. 417 

Tennessee. Ca.pt. John W. Nowlin of Waco, and other Texians 
fell at Fort Donnelson. 

In the summer of 1862, Henry E. Mcculloch, recently ap- 
pointed brigadier-general, with temporary headquarters at 
Tyler, assumed command of the northeastern district of Texas, 
and until September, superintended the forwarding of troops, 
organized and being organized, to Little Rock and North 
Arkansas. Included in this number were the regiments com- 
manded by Colonels O. M. Roberts and R. B. Hubbard, of 
Tyler, Garland from Victoria, Overton Young of Brazoria,. 
J. W. Speight of Waco, T. C. Bass of Navarro, Edward 
Clark, Wm. B. Ochiltree and Horace Randall of Marshall, 
George Flournoy of Austin, J. R. Burnet of Crockett, those 
of Burnet and Bass being the only mounted regiments. 

Independent of these the regiment of Colonel Matthew F. 
Locke, was already on the march direct for Memphis ; besides 
two or three regiments under command of Col. M. T. John- 
son, some of which had done service in northeast Arkansas. 
The mounted regiment of Col. Wm. Fitzhugh, of Collin 
County, was already in northeast Arkansas, and that officer 
had been severely wounded in the battle of Cotton Plant. 
The spy company of Capt. Alfred Johnson, of Collin, was 
also in that part of Arkansas. The mounted regiment of Col. 
Wm. H. Parsons was also already in that section, and those 
of Col. Geo. W. Carter, C. C. Gillespie and F. C. Wilkes, 
under Carter as senior officer, moved in a body for the same 
destination; and, with Parsons, occupied the country between 
the Mississippi and White River. The infantry regiment of 
Col. Allison Nelson had already arrived and taken position at 
Austin, twenty-five miles from Little Rock, where, in Novem- 
ber, almost simultaneously with his promotion as brigadier- 
general, Colonel Nelson died x and was succeeded by Lieuten- 
ant-Colonel Roger Q. Mills. The mounted regiments of Col. 

1 Hence this position became known as Camp Nelson. 

27 



418 HISTORY OF TEXAS. 

Nicholas H. Qarnell, of Dallas, and Col. George H. Sweet, 
of San Antonio, had also arrived in that section. In Sep- 
tember General McCulloch arrived at Camp Nelson, and in 
a short time all the regiments first named, including the bat- 
teries of Captains Edgar, Horace Halderman and others 
reached the same destination, including five Arkansas regi- 
ments under Colonel Dandridge McRea as senior officer. 
There were about 20,000 men in and around this encampment, 
under the temporary command of General McCulloch, while 
Gen. Theophilus H. Holmes, with headquarters at Little 
Rock, was commander of the entire trans-Mississippi depart- 
ment. On the arrival of Major-General John G. Walker, he 
took command of the entire Texas division, and General Mc- 
Culloch of a brigade. Three or four regiments, under Col- 
onels Churchhill, Mills and others, occupied the old aban- 
doned place on the Arkansas River, known as Arkansas Post, 
considered by those most competent to judge as a trap from 
which escape, if overpowered, was next to impossible. Gen. 
Wm. T. Sherman of the United States army, with a large 
fieet of gun-boats, artillery and an overwhelming force of 
infantry, sailed up the river, attacked the place and after a 
severe battle, in which many heroic acts were performed, 
captured it with most of its defenders, who were imprisoned 
in Illinois for several months. 

Briefly it may be said that, in 1863, Gen. E. Kirby Smith 
succeeded Gen. Holmes as commander of the department ; 
that on the approach of the Federals under Gen. Steele the 
Confederates abandoned Little Rock, and fell back to south- 
ern Arkansas, in which region a series of engagements took 
place. Maj.-Gen. Price, with a portion of the Missourians, 
having recrossed the Mississippi, was in this movement. Col. 
Maxey, having become a major-general, was also there. 
Brigadier-General Richard M. Gano, with a new brigade 
from Texas, also arrived. At a place called Poisoned Springs, 
Gen. Maxey in command, the Confederates gained a signal 



HISTORY OF TEXAS. 419 

victory, capturing an immense wagon train, many prisoners, 
and killing about four hundred men ; a majority of whom 
were negro troops. Gen. Gano was wounded and disabled. 
Gen. Cabell of Arkansas was a prominent actor in this en- 
gagement • Walker's division had been sent into Louisiana. 
Gen. McCulloch commanding one of his brigades, had an 
engagement with Federal gunboats at Perkins' Landing on 
the Mississippi, without decisive results and a severe one at 
Milliken's Bend, in which the regiments of Flournoy, Allen 
and Waterhouse took part. The troops gallantly charged up 
to, and over the levee, but they were powerless against the 
gunboats, and, after some loss, retired in good order. 

Gen. Smith, on the abandonment of Little Rock, established 
his headquarters at Shreveport, where they remained until 
the surrender in 1865. 

Galveston, having been recaptured in the previous January, 
from this time onward the chief military operations in the 
trans-Mississippi department were confined to Louisiana, 
Southern Arkansas and the Indian Territory. Price's famous 
march into Missouri supported by Generals Marmaduke, 
Cabell, Shelby and others, closing with their retreat through 
Southwest Missouri into Texas. 

THE INDIAN TERRITORY. 

The operations in the Indian Territory were numerous and 
deeply interesting, in which Texas was represented first by 
the regiments of Colonels Peter Hardeman and N. W. Battle. 
Lee's battery (Colonel Roswell W. Lee), Col. T. C. Bass 
and others; and later, by Gen. R. M. Gano, Cols. James 
Duff, Charles De Morse, Daniel Showalter, James Bourland, 
and Major Joseph A. Carroll ; and many Texians under Gen- 
eral Cooper of the Indian department and others. 
. In addition to these the Federal navy, with transports, 
bearing troops, made such demonstrations on the coast of 



420 HISTORY OF TEXAS. 

Texas as to cause several thousand troops to be stationed in 
the counties of Brazoria and Matagorda. They disembarked 
a sufficient force in Matagorda Bay to capture and for two 
weeks hold, Saluria, Indianola and La Vaca ; but they aban- 
doned those places and re-embarked. The operations at the 
mouth of theKio Grande against Brownsville were too numer- 
ous to mention in detail. 

The fort at Sabine Pass had a garrison of about forty men 
under command of Captain Richard Dowling from Houston 
and Patrick Hennessy as lieutenant. On the 6th of Septem- 
ber, 1863, a Federal fleet of 23 vessels and several gunboats 
anchored off the coast. A number of vessels with two gun- 
boats entered the harbor and opened fire upon the fort. The 
garrison withheld their fire until the vessels were in good 
range of their guns, when they opened upon them. They 
soon disabled the two gunboats, which they captured with all 
on board. The other vessels left the harbor. It was a skill- 
fully planned and bravely executed achievement. There was 
but little time for planning and but few minutes for executing 
it, yet no achievement was of better service to Texas. This 
company of forty-two men defeated the entrance of 23,000 
Federal soldiers, through a vulnerable point into Texas. The 
Federal fleet returned to New Orleans and Texas. From 
mountain to sea-board saluted Dick Dowling as one of the 
grandest heroes of modern times. 

In July, 1863, General E. Kirbey Smith placed General 
Henry E. McCulloch in command of the northern district of 
Texas, with headquarters at Bonham, where he remained 
until the close of the war, performing varied and important 
services, involving an oversight over the supply department 
of the army ; including the erection of workshops, the for- 
warding of troops and supplies to the Indian Territory, Ar- 
kansas and Louisiana, besides the dispatch of State troops to 
the coast at Velasco. He also had oversight of the Indian 
frontier along which the regiment of Colonel James Bour- 



HISTORY OF TEXAS. 421 

land was stationed in various camps ; the Indians being at 
that time restless and audacious, making frequent raids, the 
most important of which was into Cooke County in the winter 
of 1863-64, in which a considerable number of inhabitants — 
men, women and children — were murdered. McCulloch 
dispatched Col. Showalter, with several companies, to the 
scene of carnage, but the Indians had already rapidly retreated 
and, though pursued by Colonel Bourland as soon as he could 
collect a sufficient force, including the command of Major 
Diamond, they succeeded in making their escape. 

It was one of the coldest periods known in that country, 
and the men, poorly Clad, suffered greatly. 

Gen. McCulloch was also confronted with the collection in 
Journegan thicket, of five or six hundred men, composed of 
deserters from several regiments and a much larger number 
of those who refused to enter the service. Being without an 
adequate force to compel their submission, the General re- 
sorted to diplomacy, and finally induced the great mass of 
them to enter the service, while a small number escaped across 
Red River and reached the Federal lines on the Arkansas. 
The position of Gen. McCulloch was an unenviable one, in- 
volving grave responsibilities, in which the public mind was 
greatly agitated and great apprehensions were felt, a portion 
of the time, of incendiarism making its appearance; but he so 
managed affairs as to avoid that and other apprehended 
calamities. 

DEATH OF GEN. HOUSTON. 

The year 1863 is also memorable by an event that spread 
sorrow over the country. On the 26th of July, at his home 
in Huntsville, Gen. Sam Houston peacefully closed his event- 
ful life. Born in Rockbridge County, Virginia, March 2d, 
1793, he was seventy years, four months and twenty-four 
days old. On his forty-third birthday he signed the Declara- 
tion of Texian Independence at Washington, on the Brazos. 



422 HISTORY OF TEXAS. 

Nine days later he assumed command of the undisciplined 
volunteers collecting at Gonzales, — forty-one days later he 
fought and won the battle of San Jacinto. On the 22nd of 
October following, he was inaugurated the first constitutional 
President of the Republic, serving two years. He next 
served two terms in the Congress of Texas, and in 1841 again 
became President for a term of three years. By the first 
legislature in February, 1846, he was elected to the senate of 
the United States and re-elected till the close of his term in 
1859. In 1859 he was elected Governor of the State and 
served until March, 1861, when, as has been stated, he re- 
tired from that position. Without referring to his prior career, 
as a youthful soldier under Jackson in the Creek war, — his 
four years' service in Congress from Tennessee, succeeded by 
two elections as Governor of the State, and his first service in 
Texas as a member of the convention of 1833 and the Con- 
sultation in 1835 with his dual election, first by that body, 
and secondly, by the Convention of Independence, as Major- 
General and Commander-in-Chief of the armies in Texas, the 
verdict of history is, and must ever be, that he was her most 
illustrious citizen. 




EX.-GOV. PENDLETON MURRAH 



CHAPTER XXXIX. 

Murrah elected Governor in 1863 — Capture of Brownsville, Corpus 
Christi, Indianola and Lavaca — Banks' march up Red River — His 
defeat at Mansfield and Pleasant Hill— Death of Col. Buchel, Gen. Tom 
Green and others — Battle of Yellow Bayou — Pursuit of Gen, Steele — 
Death of Gens. Scurry and Randall — Price's unsuccessful raid into Mis- 
souri. 

At the election in September, 1863, Pendleton Murrah of 
Harrison County was elected Governor and Fletcher S. Stock- 
dale of Calhoun, Lieutenant-Governor, who were inaugurated 
in November. Governor Lubbock after two years faithful 
and satisfactory service, repaired to Richmond, Virginia, to 
join the army. He was placed on the staff of President 
Jefferson Davis, with the rank of colonel, and so remained, 
as a member of his military family, until they, together with 
Postmaster-General John H. Reagan of Texas, were captured 
together, after the fall of the Confederacy. After quite a 
lengthy imprisonment in Federal prisons both Reagan and- 
Lubblock were released and returned home and have lived to 
receive repeated marks of public confidence. 

Governor Murrah's administration covered the last sixteen 
months of the Confederacy, when the clouds of disaster were 
lowering over the country. Suffering from consumption (of 
which he died in Monterey, in 1865), and impoverished as the 
country was, it was not in his power or that of any human 
agency, to meet and fulfill the desires of the public mind. 

The declaration of martial law by Hebert in 1862 produced 
loud complaints throughout the country and called forth ex- 
pressions from Gen. Houston, in his retirement, to Governor 
Lubbock, characterizing the order as " the most extraordinary 
document I have ever seen ; and, I venture to say, ever seen in 

(423) 



424 HISTORY OF TEXAS. 

any country unless it was where despotic sway was the only 
rule of law." In thus stating the case Gen. Houston only 
gave expression to the general feeling. 

On the 8th of November, 1863, Gen. Banks, in command of 
a land and naval force, took possession of Brownsville, Gen. 
Bee, as heretofore stated, retiring successfully with the mili- 
tary supplies at that place. In rapid succession Gen. Banks 
took possession of Corpus Christi, Aransas and Matagorda 
Pass, Indianola and, on the 26th of December, of Lavaca. It 
was supposed that his intention was to move up the coast and 
capture Galveston ; but he evacuated the coast on the 13th 
of March, 1864, sailed for New Orleans and thence, at the 
head of an immense army, up the Mississippi and Red River, 
seizing Alexandria, on the latter stream, on the 23d. Just 
prior to this Gens. Mouton of Louisiana, and Tom Green of 
Texas, headed an expedition aimed at Donaldsonville on the 
Mississippi River, a strongly fortified point. The attack 
proved unsuccessful. Then followed a march down the 
Atchafalaya Bayou, on its east side, under General Majors in 
command of three regiments, while Green and Mouton moved 
down on the west side, their ultimate destination being Ber- 
wick, where there was a large Federal force. They captured 
a considerable force at Thibodeauxville. At Bayou Bceuf 
they captured a fort and considerable garrison, where they 
were joined by Green and Mouton, who had captured Berwick. 
They next made a night attack on the fort at Donaldsonville, 
which, aided by a gunboat fleet, caused them to retire. On 
the bayou, six miles distant, they were attacked by the 
enemy, who, after an hour's severe fighting, were driven back 
under protection of their gunboats. In this Texas lost a 
gallant officer in the person of Major A. D. Burns, of Lane's 
regiment. These troops were soon called upon by Gen. 
Smith to repair to the region of Mansfield, West Louisiana, 
as were the troops from the coast of Texas. At this time 
General Richard Taylor commanded the troops between Al- 



HISTORY OF TEXAS. 425 

exandria and Shrevesport, and Major-Gen. John G. Walker 
was in command of a Texas division. 

Banks began his advance up Red River, Gen. Taylor retiring 
before him. By the 7th of April a fine army had concentrated 
in that locality, to co-operate with Taylor. Among the 
Texian generals were: Generals H. P. Bee, Wm. P. Harde- 
man, De Bray, Maj. Generals Tom Green, and John A. 
Wharton, and Colonels Walter P. Lane and P. N. Luckett, 
with an array of regimental officers of tried experience and 
acknowledged courage, some of whom speedily yielded up 
their lives for their country. At Mansfield on the 8th of 
April, and at Pleasant Hill on the 9th, bloody battles were 
fought, in which fell the lamented Colonel August Buchel, 
Capts. Aleck. H. Chalmers, Chauncey B. Shepard, Bird 
Holland, Col. Gilbert- McKay, Col. Giles S, Boggers, Maj. 
Clinton, Locke and a number of the most valiant sons of 
Texas. The result of the two days' fighting was a signal 
defeat of Gen. Banks' army, which retreated down Red River 
seeking, wherever practicable, the protection of their gun- 
boats. On the 14th of April, a severe battle was fought at 
Blair's Landing, strongly defended by gunboats. In the 
attack made upon the Federals, led by Major-General Tom 
Green that grand soldier (who won his first laurels at San 
Jacinto twenty-eight years before, in the same month, and had 
added to their brilliancy on the Texas frontier, in the Mexican 
war, and in this war of the Confederacy) was killed by a 
cannon ball from one of the boats. 

In all the contests* connected with this invasion, Generals 
Walker, Wharton, Bee, DeBray and the various general officers 
already mentioned, won distinction. Among the colonels 
were Roberts, Hubbard, Allen, Flournoy, Burford, Terrell, 
Burnett and others. 

The Federals having retreated to Alexandria and Atcha- 
falaya, at a place called Yellow Bayou, another severe battle 



426 HISTORY OF TEXAS. 

was fought, General Wharton commanding the Texians and 
losing heavily. 

While these movements were being made by Gen. Banks, 
with a view of uniting with him in Northwest Louisiana the 
Federal General Steele from Little Rock, the latter moved 
south, Gen. Price abandoning Camden, on the Wachita, on his 
approach. Then followed, as already stated, the battle at 
Poisoned Springs. Gen. Magruder had been placed in com- 
mand of the troops north of Red River, and they were con- 
centrated, as the Federals retreated down Red River. Those 
on the north, consisting of troops from Texas, Arkansas and 
Louisiana, were put in motion against Steele, who retreated 
in the direction of Little Rock, hotly pursued, and with more 
or less fighting daily. The Saline River being very high and 
overflown, with wide timbered bottoms, gave Gen. Steele 
such an advantage as proved disastrous to the Confederates, 
whose loss was very heavy. Texas mourned the loss there of 
two of her most prominent generals, Wm. R. Scurry and 
Horace Randall, besides many other brave officers and men. 
Generals Fagan, Churchill and Cabell of Arkansas, Price, 
Marmaduke, Shelb}^, and others of Missouri, fully sustained 
their well-earned reputations. This ended the pursuit. 

Late in 1864, Gen. Price conducted a large expedition into 
Missouri. They had an engagement near Cape Girardeau 
and numerous others on their march to central Missouri on 
the southwest side of the Missouri River. Here they en- 
countered a large Federal force, and were compelled to retreat 
into Texas. Price's rear had several engagements with the 
advance of the Federals, who, in southeast Kansas, captured 
Gens. Marmaduke of Missouri and Cabell of Arkansas. The 
winter was passed without any other important event to 
Texas. In Southern Louisiana several engagements took 
place in which Texas troops participated. 




FLETCHER S. STOCKDALE. 



CHAPTER XL. 

Recapture of Brownsville — Surrender of Lee and Johnston — Capture of 
Davis and his Cabinet — Gov. Murrah surrendered his Position — Texians 
in the Confederate Army — Also in the Federal Army. 

Prior to this, Col. John S. Ford had retaken Brownsville 
on the Rio Grande, and yet held it, Gen. James Slaughter 
afterwards becoming the ranking officer. 

It is sufficient for our purpose to state, that Gen. Lee 
abandoned, first Petersburg and then Richmond, early in 
April, 1865, and that he surrendered to Gen. Grant at Ap- 
pomatox Court House (Virginia) on the 9th, his men being 
paroled and allowed to return to their homes. Among them 
were the survivors of the Texas brigades, who had won dis- 
tinction, on many bloody fields, from Gettysburg south. A 
few days later, in North Carolina, Gen. Joseph E. Johnston, 
commanding the southern department, surrendered to Gen- 
eral Sherman, followed by various divisions and army corps, 
commanded by Hood, Wheeler and others and a few isolated 
commands under their officers, all of whom received their 
paroles, and some of them transportation to return to their 
homes. 

When Richmond was abandoned, President Davis and his 
cabinet, with the Confederate archives, attempted to move 
south, but they were pursued by so many bodies of troops 
and with such vigor, that they were captured in camp by the 
4th Michigan cavalry at Irwinsville, Southern Georgia, May 
10th, 1865. 

The President, it need scarcely be stated, was long confined 
a prisoner at Fortress Monroe, a portion of the time in irons. 
The postmaster-general, John H. Reagan, of Texas, captured 

(427) 



428 HISTORY OF TEXAS. 

with him, was imprisoned at Fort Warren in Boston Harbor. 
Col. Francis K. Lubbock, also of Texas, and of the Presi- 
dent's staff, was captured with him, and imprisoned at Fort 
Delaware. 

In due time the paroled troops from Texas, also the Texas 
members of Congress, returned home ; thus closed the war 
east of the Mississippi River. 

When the news of the surrender came from the east, many 
believed and hoped that the war would be continued west of 
the Mississippi; but fortunately for humanity, wiser councils 
prevailed. It was evident that Texas, Louisiana and 
Arkansas, with the Confederate element of Missouri, had 
fought the good fight ; but compared with the power of 
the United States and its victorious legions, it was wholly 
impracticable to continue the contest, with the hope of suc- 
cess. The means of communication being slow, it required 
some time to secure concert of action. When secured, 
diplomacy accomplished the remainder. General E. Kirby 
Smith, commander of the department, with headquarters at 
Shrevesport, sent a commission by steamboat to New Orleans, 
composed of General Sterling Price of Missouri, and one or 
two others, to agree upon terms and make surrender of the 
troops under his command. This was followed on the part 
of General Magruder, with headquarters at Houston, by a 
similar commission from Texas, composed of Colonel Ashbel 
Smith, Hon. Wm. P. Ballinger, and others who proceeded by 
the Gulf to New Orleans, and there effected negotiations with 
Gen. E. N. R. Canby, the Federal commander (the same 
honorable and courageous commander who, with his noble 
wife, had been so kind to the Texiau prisoners in New 
Mexico in 1861-2, and who a few years later fell a victim 
to the treachery of the Modoc Indians in the lava-beds of 
Oregon). In New Orleans, these commissioners were joy- 
fully met, by the Hon. John Hancock of Austin, — a Union 
man who had left Texas during the war and who, unwilling to 



HISTORY OF TEXAS. 429 

take up arms against the Union, or against the people of his 
own State, had avoided the dilemma, by quietly retiring to 
the United States. Guided by such feelings he was then 
returning to his home with the determination to do all in his 
power to shield the people of his State from needless 
humiliation and burdens, and as far as possible, to restore 
harmonious relations between the two sections of the country. 

Terms were soon agreed upon, resulting in the surrender 
and return to their homes of the thousands of troops scattered 
over different portions of Texas. A small number, together 
with several hundred Missourians, without surrender, retired 
into Mexico. 

Texas was again in a state of chaos. Governor Murrah 
called in vain upon the State officials to protect public 
property, and, on the same day, he performed the ceremony 
of ordering, by proclamation, a re-assembling of the legis- 
lature, and, again, of calling a convention of the people to 
meet in their sovereign capacity. 

When all was lost, the Governor, broken down in health 
and spirits, disappeared from the scene, and died in Monterey, 
Mexico, in August, 1865. 

At the time of the surrender at Appomatox, Major John 
Henry Brown, who served in Arkansas, Missouri and North- 
east Texas the first three years of the war, in command of 
about two hundred State troops, was on an expedition in the 
San Saba and Concho country, and knew nothing of the sur- 
render of Lee and Johnston until his arrival in Fredericks- 
burg in May. He then immediately disbanded all troops, 
from that point to Live Oak County, but retained in service 
a detachment from Burnet and Llano, until his arrival in Aus- 
tin. These men were guarding about thirty State prisoners in 
his charge, who had been arrested under various requisitions, 
as bushwhackers, deserters, and some as cattle thieves. 
Gov. Murrah had then left Austin. Confusion reigned su- 
preme; the troops referred to were therefore disbanded, and 



430 HISTORY OF TEXAS. 

the prisoners released, under a pledge that they would peace- 
ably return to their respective homes. The officers serving 
under Major Brown were Captain John F. Tom of Atoscosa, 
Lieutenants Herring of Live Oak, Smith of Frio, Lacy of 
Gillespie, James P. Magill of Burnet, Holden of Llano, and 
others. Thus ended the last manifestation of Confederate 
authority in Texas, excepting at and near Brownsville, on the 
lower Eio Grande. Major Brown, however, exercised author- 
ity in the frontier district until about the 30th of May, a little 
later than the last battle of the war, yet to be described. 






CHAPTEE XLI. 

THE LAST BATTLE OF THE WAE, MAY 13TH, 1865. 

The account of the last engagement in the war between the 
States, as written by Capt. W. H. D. Carrington of Austin, 
a participant, and published August 12ih, 1883, and pro- 
nounced as substantially correct by Col. Ford, is adopted. 

THE LAST BATTLE — THE LAST CHARGE, AND THE LAST 
GUN FIRED IN THE WAR. 

On the 1st of May, 1865, the Confederate troops on the 
Rio Grande, numbered about five hundred men of all arms. 
A few days after that time, a passenger, on a steamer from 
Boca Del Rio to Brownsville, threw some copies of the New 
Orleans Times to some Confederates posted near the Pal- 
metto ranch. These papers stated that Gen. Lee had sur- 
rendered. The news was soon known to all the troops, and 
caused them to desert, by the score, and to return home ; so 
that on the morning of the 12th of May, 1865, there were 
not more than three hundred effective men at and below 
Brownsville. 

The United States forces under Col. (or Brevet Brig. -Gen.) 
Barret consisting of the 32d Indiana, better known as the 
Morton Eifles, a regiment of negro troops, officered by Lieut. - 
Col. Branson, a part of a New York regiment, and a company 
of the Second (Federal) Texas, under command of Lieut, or 
Capt. James Hancock, numbering about sixteen or seventeen 
hundred men, advanced from Brazos Island upon Brownsville. 
They were held in check by Capt. Kobinson commanding 
Giddings' regiment on the evening of the 12th. 

(431) 



432 HISTORY OF TEXAS. 

On the night of the twelfth, the scattered and depleted Con- 
federate force was concentrated. On the morning of the 13th 
a very small force was present in Brownsville. Col. John S. 
Ford assuming command, moved down the river to the San 
Martin ranch. Arriving at two or three o'clock p. m. he 
found Capt. Robinson of Giddings' regiment in a heavy 
skirmish with Hancock's company, of the Second Texas, and 
a company of the Morton Rifles. A regiment of negro troops 
were also moving forward, perhaps to sustain skirmishers. 
Ford immediately made his dispositions. His right wing under 
command of Capt. Robinson; two companies (Cocke's and 
Wilson's), were directed to attack the enemy's right flank; 
the artillery was directed to open fire at once, which was done 
with good effect. He supported the movement in person with 
two companies and two pieces of artillery. Branson's negro 
regiment was quickly demoralized and fled in dismay. Capt. 
Robinson immediately charged and ran over the skirmish line 
of the Morton Rifles and Hancock's company. The Indiana 
troops threw down their arms and surrendered; most of Han- 
cock's company escaped ; retreating through the dense chap- 
arral. The entire force of the Federals commenced to retreat; 
Ford's fierce cavalry charges harassed them exceedingly. 
The artillery moved at a gallop. Three times, lines of 
skirmishers were thrown out to check the pursuit ; these lines 
were roughly handled and many prisoners captured. 

The Federals were thus pursued for about eight miles, 
making repeated efforts to check the pursuit, but without 
success. They were finally driven into a ranch (Cobb's), a 
mile and a half or two miles from the fort at Boca Chico, the 
nearest point on Brazos Island. 

If Ford had had more troops be would doubtless have 
placed himself between the enemy and Brazos Island, but 
with his small force of less than three hundred men, he said 
" the undertaking would be too hazardous." He thought 
the Federals would be re-inforced from Brazos Island, as they 



HISTORY OF TEXAS. 433 

knew from the sound of approaching artillery, and from 
couriers that Barret was defeated, and Ford's force would 
have been between two bodies of enemies, each numbering as 
many as five to one. He said to his staff officers, " It is better 
to let well enough alone ; we will stop the pursuit." His men 
began preparations to draw off; some had started with captured 
arms and prisoners. The sun was not much more than half or 
three-fourths of an hour high. Ford was sitting on his horse 
scanning the enemy, when Brig. -Gen. J. E. Slaughter galloped 
upon the battle-field, acompanied by Capt. Carrington, com- 
manding Cater's battalion. The enemy had commenced to 
double quick by the left flank across a slough through which 
a levee had been thrown up about three hundred yards long. 
The slough was an impassable quagmire for any character of 
troops except upon the narrow levee. Gen. Slaughter saw the 
movement and scarcely pausing for a moment, ordered the 
pursuit to be resumed; ordering Carrington to press the rear 
guard of the enemy. His idea was to strike the rear guard so 
as to cut it off before reaching the levee; but the rear guard 
was in a hurry, and passed in a hurry. Although Carring- 
ton' s troopers were comparatively fresh and spurred their 
horses up nearly to their best running capacity, the enemy 
gained the levee when they were about two hundred yards 
from the main body of the enemy who had formed a line of 
battle at the farther end of the levee among the sand hills. 
Carrington immediately formed the Confederate troopers into 
line on the edge of the slough then covered with tide 
water. While doing this he saw Gen. Slaughter dash forward 
into the water in front, and emptied his six-shooter at the re- 
treating foe. The Federal line formed on the other side of 
the slough was three hundred yards off from the Confederate 
troopers. A heavy skirmish fire was kept up for nearly an 
hour across the slough. The enemy though in full view shot 
too high. They were, as we thought, five or six times as 
numerous as the Confederates. They were composed of 

28 



434 HISTORY OF TEXAS. 

veteran troops and commanded by experienced officers. As 
the sun went down and night extended her gloomy pinions 
over the scene the Federal fire slackened. As they began to 
move off towards the Boca Chico, a shell from Boca Chico or 
perhaps from the United States ship of war Isabella (we could 
not tell which), exploded between us and the retreating force. 
A seventeen-year-old trooper blazed away in the direction of 
the exploded shell with his Enfield rifle, using a very profane 
expletive for so small a boy, causing a hearty laugh from a 
half score of his comrades. The firing ceased. The last gun 
had been fired. 

The resumption of the pursuit by Gen. Slaughter deterred 
many of the enemy, who had found safety in the dense chap- 
arral in the bends of the Rio Grande, from joining their com- 
mands as they moved off to Brazos Island. The writer of 
this article was ordered by Col. Ford to occupy the battle 
field, gather up arms, and bury the dead. While engaged in 
this, one of his subalterns reported that a body of Federals 
was in a bend of the river near the old Palmetto Rancho. 
He immediately ordered Sergeant R. S. Caperton to deploy 
a squad of dismounted men, and drive out the enemy. In 
obeying this order, the sergeant and his men captured about 
a score of Hancock's company. Lieut. Hancock, Lieut. 
James and Hancock's brother were numbered among the 
prisoners thus captured. It is greatly to be regretted that 
several who attempted to swim the river to escape capture 
were drowned. Several swam across and were immediately 
slain and stripped by Mexican bandits, and thrown into the 
river. 

The writer of this understood that there was a diversity 
of sentiment between Ford and Slaughter as to the place of 
encampment after the battle. Gen. Slaughter suggested the 
Palmetto ranch ; Ford insisted that in all probability the 
Yankees had a force of three or four thousand men on the 
island and might come out at night, and that our meager force 



HISTORY OF TEXAS. 435 

of less than three hundred men could make no adequate re- 
sistance in such an exposed position, and suggested Lake 
Horn as the strongest strategic point for defense on the Rio 
Grande — eight miles below Brownsville, at which place the 
encampment for the night was made. 

The diversity of opinion between Slaughter and Ford as to 
the resumption of the pursuit, resulted from the fact that 
Ford knew that the artillery horses were broken down, many 
of them had to be loosed from the pieces and they could not 
be replaced by others at the time. 

The artillery for the time was, by reason of broken-down 
horses, comparatively useless. Many of the horses of the 
troopers were also broken down. Gen. Slaughter knew noth- 
ing of the condition of our men, except as hastily gathered as 
he galloped across the battle field. The difference of opinion 
between these brave men resulted in no hard feelings and in 
no alienation. 

Gen. Slaughter was detained in Brownsville until late in the 
day. The battle was precipitated upon Ford and won by 
him; and whatever of honor resulted from winning the last 
battle of the war and inflicting a heavy loss upon the enemy, 
who outnumbered his troops more than five to one, without 
the loss of a man, properly belongs to Ford and his poorly 
armed troopers. 

Ford was idolized by his men. Many of them had served 
under him in his Indian campaigns. They knew his bravery 
and his unsleeping vigilance. They knew his great prudence 
and his unyielding perseverance in accomplishing his purposes. 
He had fought more than a score of battles and never failed 
to achieve a decided victory. On a more extended sphere of 
action he would have been the Murat of the Confederacy. His 
tactics were peculiar. He knew nearly every man in his 
command ; he studied the character and the ability of every 
officer. He believed that his cavalry in a fierce charge was 
invincible. Hence, whenever the right time arrived, he hurled 



436 HISTORY OF TEXAS. 

squadron after squadron of his troopers upon the foe with 
irresistible force. 

His eloquence has been sometimes criticised, but he always 
spoke with effect. On the morning of the thirteenth, he 
addressed his small force, while Springfield rifle balls were 
whistling around him, about as follows: "Men, we have 
whipped the enemy in all our previous fights ! We can do it 
again." The men shouted hurrah for Old Rip. As the 
hurrahs ceased, he cried with a fierce stentorian voice, 
forward! charge! The response was a Texian yell, and a 
charge which no infantry line ever formed on the Rio Grande 
could withstand. 

» J have often been asked why no negroes were captured in 
the last fight of the war. In response, I have generally said, 
" they outran our cavalry horses." Hancock's company, and 
other veterans from the New York and Indiana troops several 
times saved the negroes. They attempted to withstand the 
charges that Ford hurled against them, while Branson's negro 
troops ran. At all events this is the way it appeared to Ford 
and his captains (Robinson, 1 Wilson, Cook, etc.), and indeed 
to all the Confederates who participated in the fight. 

Recently I have been asked if Capt. V. G. Jones had any 
thing to do in directing the movement of the troops during 
the last battle of the war. To this I have replied that Capt. 
Jones was regarded as a very good captain of artillery, and 
in obedience to Ford's orders he managed his artillery well ; 
he did good service. No one, however, regarded him in any 
other light than as a captain of artillery, and no captain on 
the field of battle would have received an order from him, 
because every captain on the battlefield, without an exception, 
ranked him, and if he had assumed to command them, it is 
believed he would have been shot or immediately arrested. 

1 Capt. Wm, Robinson, of San Diego, California, son of the first lieuten- 
ant-governor of Texas in 1835-6. Capt. Robinson afterwards died in San 
Diego. 



HISTORY OF TEXAS. 437 

TEXAS IN THE CONFEDERACY. 

The higher grades in the Confederate army, unlike those in 
the United States service, were divided into four classes. 
First, Generals; second, Lieutenant-Generals; third, Major- 
Generals; and fourth, Brigadier-Generals. As far as has 
been found possible to determine, the following list approxi- 
mates a classification of those in the service from Texas. 

GENERAL. 

Albert Sidney Johnston, who fell at Shiloh, April 6th, 1862. 

LIEUTENANT-GENERAL . 

John B. Hood, who died in New Orleans after the war. 

MAJOR-GENERALS. 

Samuel B. Maxey of Paris, began as a colonel. John A. 
Wharton of Brazoria, began as a captain, died at the close of 
the war. Tom Green of Austin, began as colonel, killed at 
Blair's Landing, on Red River, in April, 1864. 

BRIGADIER-GENERALS . 

1. Ben McCulloch of Seguin, killed at Elkhorn, Arkansas, 
March 7th, 1862. 2. Louis T. Wigfall of Marshall, began as 
colonel, died in Galveston after the war. 3. Allison Nelson, 
began as colonel, died in Arkansas in the autumn of 1862. 
4. Henry E. McCulloch of Seguin. 5. Joseph L. Hogg of 
Cherokee, died at Corinth in the spring of 1862. 6. G. H. 
Granbury of Waco, began as captain, killed at Franklin, 
Tennessee, in Hood's defeat. 7. Walter P. Lane of Marshall, 
began as lieutenant-colonel, died in Marshall in 1892. 8. 
Thomas Harrison of Waco, began as captain, died in Waco 
after the war. 9. James E. Harrison of Waco, began as lieu- 
tenant-colonel, died in Waco after the war. 10. John Gregg 



438 HISTORY OF TEXAS. 

of Freestone, began as colonel, killed in the later battles 
around Eichmond, Virginia. 11. Eichard Waterhouse of San 
Augustine, began as colonel, died in Jefferson after the war. 
12. Jerome B. Eobertson of Washington, began as captain, 
died in Goliad, 1889. 13. Felix H. Eobertson of Washing- 
ton (son of Jerome B.), began as lieutenant of artillery. 14. 
Frank C. Armstrong of Corpus Christi, began as a lieutenant 
and aide-de-camp to Gen. Ben McCulloch. 15. Elkanah 
Greer of Marshall, began as colonel, died in Marshall. 16. 
Arthur P. Bagby, began as colonel, now lives in Halletsville. 
17. Hilary P. Mabry of Jefferson, began as captain, died in 
Jefferson. 18. Hamilton P. Bee of Goliad, original appoint- 
ment, lives in San Antonio. 19. Xavier B. De Bray of 
Austin, began as colonel, resides in Austin. 20. Eichard M. 
Gano of Tarrant County, began as captain, resides in Dallas. 
21. Wm. P. Hardeman of Caldwell County, began as captain, 
resides in Austin. 22. Adam E. Johnson of Burnet, began 
as captain, lost both eyes. 23 Wm. Henry Parsons, began 
as colonel. 24. Lawrence Sullivan Eoss, began as major. 

25. Thomas N. Waul of Gonzales, original appointment. 

26. W 7 m. H. King of Sulphur Springs, began as major. 27. 
W T m. Steele of Austin, began as colonel, died some years 
after the war. 28. Wm. Eeid Scurry of Victoria, began as 
lieutenant-colonel, killed in the battle of Saline or "Jenkins 
Ferry, "Arkansas, in 1864. 29. Horace Eandall, U. S. A., of 
Marshall, began as colonel, killed in the battle of Saline, or 
"Jenkins Ferry," 1864. 30. John W. Whitfield of Lavaca, 
began as captain, died in 1876-7. 31. P. C. Archer, of U. 
S. Army, killed in battle. 32. Matthew D. Ector of Hender- 
son, began as Adjutant, lost a leg at Chicamauga, died as 
judge of appellate court. 

COLONELS. 

1. John S. Ford. 2. James M. Norris. 3. James E. Mc- 
Cord of San Marcos. 4. Wm. C. Young, killed in 1862. 5. 



HISTORY OP TEXAS. 439 

B. Warren Stone of Dallas, colonel of two different regi- 
ments. 6. Wm. B. Sims. 7. Nathaniel Macon Burford of 
Dallas. 8. Trezevant C. Hawpe of Dallas, killed during the 
war. 9. Nicholas H. Darnell of Dallas, died in 1885. 10. 
Benj. F. Terry of Fort Bend, killed at Woodsonville, Ky., 
in the fall of 1861. 11. Joseph W. Speight of Waco. 12. 
Kichard B. Hubbard. 13. Oran M. Roberts. 14. Wm. B. 
Ochiltree of Marshall, died after the war. 15. David B- 
Culbertson of Jefferson. 16. Roger Q. Mills of Corsicana. 
1 7 . Edward Clark of Marshall , d ied in Marshal 1 some years after 
the war. 18. Augustus Buchel of Indianola, a noble Prus- 
sian, killed in the battle of Pleasant Hill, La., in 1864. 19. 
Nicholas P. Luckett of Corpus Christi, died soon after the war. 

20. Charles L. Pyron of San Antonio, died after the war. 

21. Alexander W. Terrell of Austin. 22. George W. Baylor 
of El Paso. 23. Thomas S. Lubbock of Houston, died during 
the war. 24. David S. Terry, died in California. 25. Daniel 
Showalter, killed soon after the war in Mazatlan, Mexico. 
26. John C. Moore. 27. Ashbel Smith of Houston, since 
died. 28. George R. Reeves of Grayson, since died. 29. 
R. T. P. Allen of Bastrop. 30. — Garland of Victoria. 31. 
Carillaus ("Crill") Miller of Dallas, died in 1892. 32. 
Peter Hardeman. 33. George Flournoy of Austin, died 
in California. 34. A. W. Spaight of southeast Texas. 35. 
Philip Crump of Jefferson. 36. Matthew F. Locke of 
Gilmer. 37. John H. Burnett of Crockett. 38. T. C. 
Bass of Sherman, died in 1873 in Memphis. 39. George 
H. Sweet of San Antonio, died in Houston. 40. John 
T. Coit of Dallas, died in 1872. 41. Wm. Fitzhugh 
of Collin, killed by a runaway team Oct. 23rd, 1883. 42. 
Middleton T. Johnson of Tarrant County, died soon after the 
waiv 42. J.L.Camp. 43. John Huffman of Collin County, 

44. Frank Taylor of Cherokee, died in the army in 1861. 

45. James R.> Taylor (brother of Frank), killed at Mans- 
field, La., in 1864. 46. Peter Ross of Waco. 47. James 



440 HISTORY OF TEXAS. 

M. Norris of Gatesville, died during the war. 48. Enos W. 
Taylor of Jefferson. 49. Charles De Morse of Clarksville, 
died in 1889. 50. Wra. P. Eogers of Brenham, fell in 
mounting the breastworks at Corinth, in 1862. 51. James 
Duff of San Antonio. 52. Nicholas W. Battle of Waco. 
53. Robert B. Young of Bosque, killed at Chicamauga. 54. 
John C. Burks of Clarksville. 55. Almarine M. Alex- 
ander of Sherman, died after the war. 56. Robert H. 
Taylor of Bonham, died since the war. 57. James G. 
Stevens of Greenville, died in Dallas, in 1888. 58. Hugh 
McLeod of Galveston, died in camp at Dumfries, Va., in 
1862. 59. Gustave Hoffman of New Braunsfels, died in 
Austin. 60. James Reiley of Houston, fell at Franklin, 
La., 1864. 61. John H. Broocks of San Augustine. 62. 
John R. Baylor of Weatherford. 63. John Marshall of 
Austin, killed at Gaines' Mill, Va., in 1862. 64. Isom Chis- 
holm of Kaufman. 65. Joseph Bates of Brazoria died after 
the war. 66. Reuben R. Brown of Velasco. 67. George 
W. Carter of Houston, died after the war. 68. Clayton C. 
Gillespie of Galveston, died since the war. 69. F. C. 
Wilkes of Waco, died since the war. 70. Alfred M. Hobby 
of Goliad, died in New Mexico. 71. — Woods of San Mar- 
cos. 72. Lee M. Martin of Collin. 73. John P. Bayne of 
Seguin. 74. John P. Bass of Jefferson. 75. R. M. Powell 
of Montgomery. 76. John W. Daniel of Tyler. 77. Harry 
McNeill of the U. S. Army, died since the war. 78. Clinton 
M. Winkler of Corsicana, died as judge of the appellate 
court. 79. Benjamin F. Carter of Austin mortally wounded 
at Gettysburg and died in Baltimore. 80. James H. Jones 
of Rusk County. 81. George W. Guess of Dallas, died 
after the war, in Memphis. 82. H. M. Elmore of Walker 
County. 83. Overton Young, Brazoria County, where he 
afterwards died. 84, W. H. Griffin, died since the war. 85. 
Benjamin W. Watson of Ellis County. 86. Gijes S. Bogges 
of Rusk County, killed in 1864, at Mansfield. 87. James E. 






HISTORY OF TEXAS. 441 

McCord of Hays County. 88. Nat Benton of Guadalupe 
County. 89. Robert H. Watson of Jefferson, killed at 
Jenkins' Ferry, Arkansas, in 1864. 90. — Madison. 91. 
Robert H. Cumby of Rusk, died since the war at Sulphur 
Springs, Texas. 92. Philip A. Work of Woodville, Tyler 
County. 93. F. I. Malone of Bee County, died in 1891. 
94. — Stone (successor to J. G. Stephens), killed at Yellow 
Bayou in 1864. 95. D. C. Giddings of Brenham. 96. 
Robert S. Gould of Leon. 97. James E. Shepard of 
Brenham. 



COMMANDERS OF BATTALIONS, AS MAJORS OR LIEUTENANT- 
COLONELS. 

Edwin Waller, John Ireland of Seguin, Thomas J. Brecken- 
ridge of Texana, Lee Willis of Gonzales, George H. Giddings 
of San Antonio, — Morgan of Bastrop, Stephen H. Darden, 
of Austin, — Yeager, — Taylor (blended into Buchel's regi- 
ment), Fulcrod of Goliad, Wallace W. Peake, was major of 
Hawpe's regiment and died in Dallas. Z. E. Coombes and 
Thomas Flinn of Dallas, and J. P. Gregg of Travis, are the 
only surviving captains of Hawpe's. 

TEXIANS IN THE FEDERAL ARMY. 

The official records, as published some years since, show 
that there were nineteen hundred and twenty, claiming to be 
from Texas, enrolled in the Federal army during the war. 
They seem to have constituted two regiments, whose service 
was confined chiefly to Louisiana. Of one, Edmund J. Davis, 
of Laredo, was colonel. Of the other, John L. Haynes, of 
Brownsville, was colonel. They were organized at or near 
Matamoros, in Mexico, proceeded by water to New Orleans, 
and thence to the army of Louisiana. On several occasions 
they met the Texas Confederates in battle, and there is abun- 



442 HISTORY OF TEXAS. 

dant evidence that they were good soldiers. Col. Davis was 
promoted to brigadier-general. The name of his successor 
as colonel cannot be given. 1 

STATE TROOPS. 

In 1861 two State regiments were organized, as has been 
already stated. Of the first, Colonel John S. Ford, with one 
battalion, occupied the Nueces and lower Rio Grande country. 
Lieut. -Col. John R. Baylor, in command of the other battalion, 
proceeded to the Mesilla valley above El Paso and held that 
country. This regiment passed into the Confederate service. 
A second regiment, under Henry E. McCulloch as colonel, 
occupied the various posts along the Indian frontier and 
served one year. He became a brigadier-general in April, 
1862, and was succeeded as colonel, by first, James M. 
Norris, and, later, by James E. McCord. 

Among the State brigadier-generals, serving in the latter 
part of the war as such, were, James W. Throckmorton of 
Collin, John D. McAdoo of Washington, Wm. Hudson of 
Cooke (these three serving principally on the frontier), 
Nathaniel W. Towns of Lamar, James G. McDonald and 
James W. Barnes of Grimes, and Tignal W. Jones of Tyler. 

Among the colonels were Thomas J. M. Richardson of 
Brazoria, Brice Welmeth, and Ed. Chambers of Collin, Wm. 
S. Herndon of Tyler and Gideon Smith of Fannin. 2 

1 Note. Edmund J. Davis was born in Florida, and came with his widowed 
mother, brothers and sisters to Galveston, about 1848. Later he settled as 
a lawyer on the Rio Gjande and became successively district attorney and 
district judge. When the question of secession arose^he became a candi- 
date as a delegate to the secession convention, but was defeated. To this 
defeat his old friends attribute his alienation from the southern cause. 

2 Note. The service was periodic and irregular, hence the names of com- 
manders cannot be given, without a thorough inspection of records. Doubt- 
less in both this and the Confederate lists minor errors occur, chiefly by 
omission, as, by deaths, promotion and resignation. Some regiments had 
from two to four different colonels. 






HISTORY OF TEXAS. . 443 

Of the thirty-eight Confederate generals, whose names are 
given, thirty-three were colonels before attaining a higher 
rank. In 1864 the frontier was divided into three dis- 
tricts, northern, central and southern, the direct command- 
ers of which were — of the northern district (Red Kiver to 
Palo Pinto), Major Wm. Quails of Tarrant. Of the central 
district (Palo Pinto to Lampasas), Major George B. Erath of 
McLennan. Of the southern district (from Lampasas to 
the lower Nueces and west to the Rio Grande), Major John 
Henry Brown. 






CHAPTEE XLII. 
RECONSTRUCTION OF TEXAS. 

Immediately following the general surrender, a large 
division of the Federal army was landed on the coast of Texas, 
under command of Gen. Gordon Granger, at Sabine, Galves- 
ton, Indianola, Corpus Christi, and the Rio Grande. A por- 
tion were hurried to Austin, San Antonio, and, as rapidly as 
possible, detachments were scattered widely over the country 
and the posts on the frontier were garrisoned. Immediately 
on arriving Gen. Granger, a high-toned and honorable officer, 
previously well known on the frontier of Texas, by proclama- 
tion, announced the freedom of the slaves, and the suspension 
of all State and existing military authority in Texas as a State 
of the southern Confederacy (under instructions from Wash- 
ington). This announcement of the freedom of the slaves 
was, in most instances, communicated to them by their former 
owners. The idea was not new to them, and they received 
the news with very little outward demonstration, many of 
them remaining for a while at their old homes, and, in adopt- 
ing surnames, many kept the names of their former masters. 
There were at the time no scenes of violence as had been ap- 
prehended by those ignorant of the true status. 

Andrew Johnson, who succeeded Mr. Lincoln in the presi- 
dency, issued an amnesty proclamation, restricted in its terms 
and prescribing an oath to be taken by the people, before 
they should be allowed to vote. He also appointed as Pro- 
visional Governor of Texas, Andrew J. Hamilton of Austin, 
who, being a Union man, had left Texas in 1862, and been 
commissioned by President Lincoln as a brigadier-general, 
(444) 



HISTORY OF TEXAS. 445 

but had never exercised the functions of that office. He re- 
turned to Texas with the Federal troops, and on the 25th of 
July, 1865, assumed the duties of Provisional Governor. It 
devolved upon him to appoint provisional officers throughout 
the State, and, in doing so, agreeably surprised the people, 
by selecting in a large sense, men enjoying their confidence. 
He appointed James H. Bell, Secretary of State ; Wm. Alex- 
ander, Attorney-General; Albert H. Latimer, Comptroller, 
Sam Harris, Treasurer ; Robert M. Elgin and Joseph Spencer, 
successively Commissioners of the Land Office. Governor 
Hamilton sought the enforcement of the existing laws of the 
State, excepting those connected with the changed condition. 
He ordered an election to be held on the 8th of January, 1866, 
to elect members to a convention to form a new constitution 
for Texas. 

Those only were allowed to vote who, on registering their 
names, could take the oath prescribed by President Johnson's 
amnesty proclamation. The vote was exceedingly small, a 
fact which Governor Hamilton, in his message, said, "filled 
him with deep concern" 

The convention met on the 10th of February, and elected 
James W. Throckmorton, president, and Lee Chalmers, 
secretary. 

They sat until the 2d day of April, and formed a constitu- 
tion for the State, which, if ratified by the people, was 
intended to restore Texas as a State of the Union, under her 
own constitution and laws. They provided for an election 
to be held on the 4th of June on the adoption or rejection of 
the constitution, and the election of State, district and county 
officers. At that election there were 48,519 votes, for the 
constitution, and 7,719 against it. James W. Throckmorton 
received 48,631 votes for Governor, and Elisha M. Pease 
12,051; George W. Jones of Bastrop, received 48,392 votes 
for Lieutenant-Governor, and L. Lindsay, of Fayette, 8,714. 

On the 13th of August, 1866, the legislature having assem- 



446 HISTORY OF TEXAS. 

bled, Governor Throckmorton was duly inaugurated. Lieut. - 
Governor Jones became President of the Senate and Nat. M. 
Bui ford, of Dallas, Speaker of the House of Kepresentatives. 

The legislature enacted such laws as were deemed necessary 
to place Texas in entire harmony with the Union and the 
new constitution. Gov. Throckmorton, who possessed the 
unbounded confidence of the people, devoted his eminent 
powers to the restoration of confidence and harmony, and to 
so administering the government as to avoid any further 
interference, civil or military, by the government of the 
United States, and it was vainly believed by the people that 
his efforts would be successful, and that the future would 
verify this fact. 

The Governor and the people were in a few months made 
to realize the fallacy of these hopes. A disagreement between 
the methods of President Johnson and Congress grew up, 
chiefly on the bill granting the right of suffrage to negroes. 
This caused a new ordering of affairs in several of the south- 
ern States, including Texas. 

In February, 1867, Congress declared "the present pre- 
tended " State governments of these States to be " null and 
void as," it was declared, " they are under the control of 
unrepentant leaders of the Rebellion; " and, further, that it 
was necessary that peace and good order should be enforced 
by the military, in the so-called States until loyal and Repub- 
lican State governments should be legally formed. 

Texas, with Louisiana, was created Military District No. 5, 
under command of General Sheridan, with headquarters at 
New Orleans, and, locally, Texas was placed under command 
of Gen. Griffin, with headquarters at Galveston. 

The Congress declared that as a sufficient number of States 
(two-thirds) had voted favorably on the constitutional 
amendment granting to the negroes equal political rights with 
white male citizens, it was thereby ratified, and thenceforth, 
became a part of the constitution of the United States. 



HISTORY OF TEXAS. 447 

Iii order to secure representation in Congress, Texas was 
required to ratify the amendment, as' a part of her constitu- 
tion and submit it to the acceptance or rejection of Congress. 

The government of Texas was again declared provisional, 
by order of General Sheridan. It was his wish, he said, to 
make as few changes as possible in the incumbents in office, 
only requiring that they " exert all their influences in the aid 
of military authorities in executing the acts of Congress with 
promptness and fairness." 

A new registration law became necessary. Texas was 
divided into fifteen registration districts, and the new law was 
to accommodate itself to the new class of voters. The new 
law was incumbered with restrictions, secretly imposed, which 
excluded many thousands who had previously voted. 

Governor Throckmorton exerted himself to co-operate 
with the military authorities in the execution of the laws and 
urged upon all legal voters to register and vote, and in no 
wise to place an obstacle in the way of the newly enfranchised 
in the exercise of their new privileges. He said, " Hereafter 
they (the negroes) are to be to the people of the south an 
element of political power and strength, if wisely and prop- 
erly treated." The slave population in Texas had been 
greatly increased by refugee slaveholders from other southern 
States pending the uncertain struggle as the Federal army 
advanced. 

On the 30th of July, 1867, General Sheridan issued a 
special order removing Governor Throckmorton from office 
under charges in the report of Gen. Griffin, of being " an 
impediment to the reconstruction of Texas under the law," 
and appointing E. M. Pease in his place, who immediately 
commenced his official duties. 

President Johnson wished for the reconstruction of the 
seceded States as soon as their State governments were estab- 
lished in conformity to the United States Constitutional 
amendments. Congress, however, determined to continue 



448 HISTORY OF TEXAS. 

military rule until the new State governments should be * 
created as nearly as possible by the votes of Union men, 
including the newly enfranchised negroes. 

Gen. W. S. Hancock succeeded General Sheridan, and, with 
regard to the secret instructions to boards of registration, de- 
clared it to be his belief that by them, the names of many 
voters, properly registered, would be displaced and the per- 
sons denied their rights at the polls. He pronounced these 
instructions " null and void," and ordered registrars to be 
guided directly by the laws of Congress on this subject. He 
instructed registrars to hear complaints and report them for 
a hearing and a remedy. He was soon removed from his 
position and General Eeynolds, commanding in Texas with 
headquarters at Austin, succeeded him. 

A convention was called June 1st, 1868, to frame a new 
constitution conformable to the new conditions, by election 
by the registered voters. Such were the restrictions by 
boards of registration it was believed that between 25,000 and 
30,000 names of those entitled to vote were denied registra- 
tion or erased after having been registered ; 56,678 whites 
registered and 47,581 negroes. The convention met June 1st 
and elected Edmund J. Davis, president, and W. V. Tunstall, 
secretary. They were officially recognized by Governor 
Pease, who coincided with the acts of Congress against Pres- 
ident Andrew Johnson. In his address he recommended: 
" You will temporarily disfranchise a number of those who 
participated in the rebellion sufficient to place the political 
power of the State in the hands of those who are loyal to the 
United States Government ." 

In his address to the convention Governor Pease drew pub- 
lic attention to the want of co-operation between the civil and 
military powers, by which the execution of the laws and the 
preservation of the public peace had been hindered ; a fact 
which he averred, had emboldened and encouraged the 
vicious so that, in many instances, sheriffs had found it im- 



HISTORY OF TEXAS. 449 

possible to obtain the aid of citizens in making arrests — 
because they feared retaliation from the accused or some of 
their friends. This state of things he declared led to scenes 
of violence and mob law. 1 

The members of the convention were not in harmony 
among themselves with regard to the constitution. A consid- 
erable party were in favor of the existing constitution of 
1866, with some exceptions which they proposed to amend, 
and of restoring all citizens to their rights of franchise with 
the exceptions made in 1866. A strong party were for declar- 
ing every enactment by the State since secession, null and void, 
and making all of new material, — disfranchising all original 
secessionists, and those who had borne arms for the Confed- 
racy. The convention continued in session three months 
at an expense to the State of $100,000, and adjourned to 
meet again on the 7th of December, having exhausted 
their appropriation, without forming a constitution. At the 
adjourned session the convention proceeded with its work. 
Ex-Governor Hamilton succeeded in defeating the schemes of 
the extremists by securing the adoption of a clause as a sub- 
stitute for a report of a committee, providing for the enfran- 

1 The author of this work, who knew Gov. Pease well for fifty years as 
an honest and upright man, feels impelled to say that, while he was origi- 
nally a Union man, he was anon-combatant and so continued throughout 
the struggle, remaining quietly at his home in Austin. That in the times now 
under consideration he was gravely misled and deceived by designing men 
is abundantly proven by the fact that he resigned the office of Governor, and 
that, two years later, in 1871, he sat in a convention of the tax-payers of the 
State, assembled at Austin, and was the author of the protest fulminated 
by that body, against the wild and oppressive measures of the Davis 
administration, so rapidly tending to the bankruptcy of the State, and the 
impoverishment of the people. A further convincing fact is that, from 1873 
to his death, in 1885, he was an honored and leading member of the Texas 
Veteran association, composed almost exclusively of men who had sus- 
tained the southern cause, by whom, together with nearly the entire older 
citizenship of the State, his death was lamented. It maybe further stated 
that the Republican United States Senator Morgan C. Hamilton, sat in that 
tax-payers' convention and- joined in the "protest." 

29 



450 HISTORY OF TEXAS. 

chisement of so large a number of white men as to provoke a 
" protest" by the minority, in which E. J. Davis, the presi- 
dent, joined. The convention ceased to have a.quorum, and, 
on the 6th of February, 1870, adjourned without formally 
completing, dating, or signing the constitution. President 
Davis read to the remnant of the convention an order from 
General Canby, successor of General Griffin, requiring that 
the new constitution and archives should be given up to the 
Military Department at Austin, General Reynolds being in 
command. That officer took the incompleted, undated and 
unsigned constitution, and submitted it to the people for 
ratification or rejection. An election was ordered on the 
ratification or rejection of the constitution, and the election of 
State and county officers under it, to be held in July, 1869, 
but President Grant, in order to gain time for calm considera- 
tion, issued a proclamation postponing the election until the 
30th of November and the first three days of December. 
After the resignation of Governor Pease, Texas remained 
under direct military control. 

The election was held on the 30th of November, 1869, and 
continued four days. There were 47,000 colored voters and 
the constitution was adopted by a majority of 49,822. 
Edmund J. Davis was elected Governor, having received 
39,901 votes while A. J. Hamilton received 39,092. The 
late Confederates declined to place a candidate in the field. 
J. W. Flanagan was elected Lieutenant-Governor, A.Bledsoe, 
Comptroller, G. W. Hoeny, Treasurer, and Jacob Kuechler, 
Commissioner of the General Land Office. Members of the 
legislature were likewise duly elected. A special order from 
General Reynolds of January 8th, 1870, declared these elec- 
tions provisional and ordered the legislature to meet on the 
5th of February. After the election of Davis as Governor, 
General Reynolds appointed him Provisional Governor, to 
serve until the time should arrive for permanent organiza- 
tion. This provisional session of the legislature ratified the 



HISTORY OF TEXAS. 451 

amendments to the constitution of the United States, elected 
James W. Flanagan and Morgan C. Hamilton, United States 
senators, and adjourned to await the action of Congress. 
Congress accepted the new constitution on the 30th of 
March, 1870, and the senators and representatives from 
Texas took their seats. Texas then had four representatives 
in Congress. 

The new, or twelfth legislature, after its provisional ses- 
sion in February, was called to meet in regular session on 
the 26th of April, 1870. The Governor was inaugurated 
two days later. Lieutenant-Governor James W. Flanagan, 
having been sent to the United States senate by the pro- 
visional session, Senator Don A. Campbell of Marion was 
elected president pro tern of the senate and served during that 
session. He died soon after, however, and at the next 
session, in January, 1871, Webster Flanagan, of Rusk, 
succeeded him as presiding officer. The inauguration of the 
new government being effected, Gen. Reynolds surrendered 
all authority over civil affairs, and thus Texas apparently was 
restored to her place in the American Union. 

This new legislature thereupon entered upon its duties 
with power to give repose to the country. But how did it 
exercise the sacred trust? Its acts must serve as the response. 

It passed acts to create a State police, a State guard, a 
reserved militia, to regulate the registration of voters, to 
regulate elections, to establish free public schools, to regulate 
public printing, to protect the frontier, to build public school 
houses, to levy and collect taxes, to disarm the people, to 
enable the Governor to appoint officers, etc., and to establish 
thirty-five official newspapers. 

The police was to consist of forty-eight officers and two 
hundred and forty-six privates, all to be appointed by the 
Governor. The State guard was, in fact, the State army, 
officered by the Governor and ready at any moment, at his 



452 HISTORY OF TEXAS. 

discretion, to be placed in any service he might require. The 
registration and election laws required all voting to be done 
at county seats, under such restrictions as to be odious to the 
principles of all American and Anglo-Saxon freemen. As an 
illustration, on the 9th of August, 1871, in view of the 
November election, Governor Davis issued a military order 
attested by the adjutant-general declaring — 

1. That all persons coming to vote, shall deposit their bal- 
lots 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 it is their residence), during the time 
(four days) of election; but shall return to their homes and 
usual employments; and peace-officers, State guards, or mil- 
itia on duty at the polls, shall see that this regulation is 
complied with. 

2. All persons are forbidden to shout, jeer at, or in any 
way insult or annoy voters, or candidates for office, during 
the registration and election, and peace officers, State guards 
and militia on duty in any county where such disturbance 
may be attempted, are directed at once to arrest such per- 
sons, and to hold them to be dealt with according to the pro- 
visions of Section 11th of 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 Aug. 15th, 1870. 

* * * * * * ***** 

Section 6. The Governor, as provided by said act, hereby 
assumes command for and during the election of all peace 
officers in the State, including sheriffs and their deputies, and 
city or town police, or marshals and their deputies, and 
those officers are hereby directed to place themselves under 
direction of the officer, designated by the Governor, in circular 
orders from those headquarters, and to aid him in enforcing 



HISTORY OF TEXAS. 453 

these regulations, and the laws of this State and the United 
States 2fovernin£ elections. 

(Signed) Edmund J. Davis, Governor. 
James Davidson, 

Adjutant- General and Chief of Police of Texas. 

Under laws enacted by this legislature, the Governor 
appointed, directly, three supreme judges, one attorney-gen- 
eral, thirty-five district judges, thirty-five district attorneys, 
one adjutant-general, one superintendent of education, two 
hundred generals, colonels, majors and staff officers ; thirty- 
five district-school supervisors ; two hundred and ninety- 
four regular State police ; two thousand six hundred and 
twenty special police, each time called out for an election ; 
State geologists; five officers of asylums ; two of the peniten- 
tiary; one hundred and twenty-three county registrars; three 
hundred county election managers, a secretary of State and 
three clerks; three hundred county surveyors, measurers and 
inspectors ; forty-nine pilot commissioners ; sixty-six ocean 
and bay pilots ; about three hundred county officers to fill so- 
called vacancies ; at least three hundred officers of towns 
and cities; and thirty-five official newspapers, being one in 
each judicial district and enjoying a forced monopoly of all 
legal, judicial and county advertising in the district. He also 
indirectly appointed, through special appointees of his own, 
three hundred and ninety-three county school examiners ; 
about three thousand two hundred and seventy-five local 
school directors, and one thousand two hundred school teach- 
ers. This is by no means all of the Governor's power and 
patronage^ but here are nine thousand five hundred and twen- 
ty-eight persons appointed, directly or indirectly, by him to 
places of trust, honor or profit, or all combined. There was 
payable to such of them as received fixed salaries, an enor- 
mous sum, while one thousand three hundred and eighty of 
them were paid in fees. This is but a partial compilation of 



454 HISTORY OF TEXAS. 

<» 

the power and patronage lodged in the bands of Gov. Davis, 
by tbe newly elected legislature, composed largely, for the 
first time in the bistory of Texas, of men hitherto unknown 
to tbe people, witb a considerable number of recently enfran- 
chised negroes, and perhaps one-third of honest and substan- 
tial citizens. 

The Governor was also authorized to declare martial law, 
at his discretion, to appoint military commissions to try 
accused persons, and to enforce this power through the 
military subject to his command. He exercised this power 
in a number of counties in the State — Marion, Hill, Lime- 
stone, Walker and others, ordering to Groesbeck, in Lime- 
stone County, a body of negro troops from Marion county, to 
enforce his mandates, and white troops to the other counties. 
He ordered men to be tried by military commission, several 
of whom were sent to the penitentary. In Hill a tribute of 
$3 5 000.00 was levied on a farmer by the adjutant-general, 
Davidson, who afterward fled the State with $40,000 of State 
funds. The State police, with some honorable exceptions, 
became a terror wherever they were located, murdering 
numerous citizens at their will, and, deterring some of the 
best citizens of the country from sleeping in their own homes, 
for fear of assassination at night. This condition of affairs 
speedily united the great mass of the people, in a bond of 
union, and caused newly arrived immigrants from the north 
and the west to assimilate with the people of Texas. 

It is but another illustration of the evils and extremes grow- 
ing out of civil wars. Every intelligent person surviving that 
period, realizes the fact that the unholy assassination of 
President Lincoln so inflamed the northern mind that, for 
a time, the south could get no voice in that quarter. Yet, in 
truth, no southern man of ordinary intelligence failed to com- 
prehend the fact that the murder of President Lincoln was 
an overwhelming calamity to the south, for it was universally 
believed that with their surrender and return home, he would 



HISTORY OF TEXAS, 



455 



so shape the policy of the government as to shield them from 
proscription, persecution and wrong. In regard to Gov. Davis 
and his acts it may be said, that while he was a man of strong 
personal predelictions and animosities, he was unflinching 
in the prosecution of measures deemed by him to be necessary 
to enforce the authority of the United States, and that he 
believed (or so claimed) severe measures were necessary to 
protect the enfranchised negroes, in their newly acquired 
political rights. He was never believed to be guilty of 
personal dishonesty, and that he was a man of good private 
character, and gentlemanly deportment as a citizen has never 
been denied by those who knew him. But most of his advisors 
were men wholly unworthy of being such in such a crisis. 
He forfeited the friendship of some of the most able and 
honest men of his party. 



CHAPTEE XLIII. 
TAX-PAYERS' CONVENTION IN 1871. 

Some persons may incline to the belief that the preceding 
arraignment of the Davis administration may have been in- 
duced by prejudice, but it is strictly based on published official 
acts and laws. The evidence otherwise is conclusive on that 
point. The Tax-payers' Convention was held at Austin, on 
the 22d, 23d and 25th of September, 1871, in response to a 
call issued August 5th, signed by ex-Governor Pease, George 
Hancock, J. H. Robinson, Senator Morgan C. Hamilton, 
Dr. R. N. Lane, all well-known Union men, and many others 
without distinction of party. Ninety-four counties of the 
State were represented. Governor Pease was unanimously 
elected president. Among the delegates were ex-Governors 
A. J. Hamilton (Union man) and James W. Throckmorton and 
John Ireland. It was emphatically a non-partisan convention. 
Governor Throckmorton offered the following resolution, 
which was adopted : 

Resolved, That a committee of seven be appointed to con- 
fer with his Excellency, E. J. Davis, upon the subject of the 
reduction of the expenditures of the State government, and to 
invite his co-operation in securing that object; and that the 
same committee be authorized to confer also with any com- 
mittee which the Honorable Legislature [then in session] 
may appoint for a like purpose, and that such action on the 
part of the legislature be most respectfully invited. 

A committee of twenty-one, with Governor Hamilton as 
chairman, was appointed to consider and report business for 
the convention; also a committee of six on statistics, of which 
(456) 



HISTORY OF TEXAS. 457 

Columbus Upton of Bexar was chairman, and Senator M C. 
Hamilton of Travis, Clement R. Johns of Travis, George B. 
Erath of McLennan, M. C. McLemore of Galveston, and D. 
M. Prendergast of Limestone, were members. 

On the 25th (Sunday having intervened) the committees 
made two reports to the convention, which were adopted by 
that body, and from those reports the following extracts are 
made: 

"The committee appointed to take into consideration and 
report the several violations of the State and Federal consti- 
tutions, and other flagrant violations of law by the present 
administration of the State government, beg leave to submit 
the following report; 

The violations of constitutions and disregard of law have 
been very frequent and are very numerous; but, frequent as 
they have been and numerous as they are, we have been 
unable to find a single one, of either class, based on an honest 
desire to accomplish good to the people of the State, or to 
secure prosperity to the country. On the contrary, their 
apparent cause seems uniformly to spring from one grand 
purpose, viz. : to concentrate power in the hands of one man, 
and to emasculate the strength of the citizens of Texas as a 
free people. 

However hopeless such a design might have appeared, and 
however little feared by the reasoning and intelligent mind 
eighteen months ago, yet at this day, we must confess, the 
scheme has far progressed toward consummation, and the 
people stand stripped of many of the inalienable rights of 
freemen, while he who is now clothed with these lost rights 
of the people, gloats on their humiliation and congratulates 
himself on the possession of kingly power. 

We may safely state that the practical effect of each of the 
acts we shall name has been, and is now, to abridge the rights 
of the citizen, and to enlarge, solidify and confirm the power 
of the Executive. 






458 HISTORY OF TEXAS. 

And, 1. Duly elected and qualified members* of the legis- 
lature, in both houses, have been expelled or denied seats, to 
give place to persons who were not elected by a majority of 
voters, and who were not in law entitled to seats. (Case of 
Alford in the Senate. Case of Plato in the House, et al.) 

2. At a time when measures of grave importance of them- 
selves, and of vital interest to all the people were under dis- 
cussion in the Senate and not matured, the majority in the 
State Senate, arbitrarily and without authority of law, placed 
nearly all the minority under arrest and deprived them of a 
voice in behalf of the people, and so held them in arrest and 
silent until the militia law, the police bill, the enabling act, 
the registration act, and the election law were passed, and 
until nominations for judicial and other important officers 
were approved of ; all of which measures go to the oppression 
of the people; and many of the officers confirmed were un- 
qualified as to capacity, corrupt as to morals, and entirely 
unfit for high position in any State. 

3. A multitude of new offices have been created, and of- 
ficers appointed to fill them, without the consent and against 
the will of the people. 

4. Important and useful legislation to the country has been 
postponed and delayed at great expense, until odious and 
oppressive laws were fastened upon the people. 

5. Without authority of law, and in violation of the consti- 
tution, the term of office of the present members of the leg- 
islature has been extended one year. They were elected on 
the 30th day of November and 1st, 2d and 3d days of Decem- 
ber, 1869 ; and now, under au act passed and construed by 
themselves, claim to hold until a general election in the year 
1872, notwithstanding Sec. 4, Art. 3 of the constitution [i. 
e., for two years]. 

6. The Executive has omitted and failed to order elections 
to fill vacancies in the legislature, caused by death or other- 
wise, within the time prescribed by law, and has thus, for 



HISTORY OF TEXAS. 459 

many months, denied representation to large bodies of the 
people, although they were taxed, and have been forced to 
perform militia duty. (Sec. 19, Art. 3, Constitution; Sec. 
11, p. 130, Laws of 1870.) 

7. The present State administration bases its authority on 
the claimed results of the general election held on the 30th of 
November and 1st, 2d and 3d days of December, 1869, and 
yet has omitted and refused to order and provide for a gen- 
eral election until the first Tuesday after the first Monday in 
November, 1872 ; thus throwing the second general election 
nearly three years from the first. (Sec. 4, Art. 3, Constitu- 
tion ; Laws of 1870, p. 129, Sec. 7.) 

8. The State of Texas is practically left without a legisla- 
ture from December, 1871, until November, 1872, and that, 
too, while the Executive is clothed with despotic power. 

9. Newspapers have been established in the several judi- 
cial districts of the State to bolster up the present despotism, 
and to familiarize the people with Executive usurpation, and, 
through forced patronage, to gain great profit, and thereby 
help to impoverish the citizens. (Laws of 1870, p. 74.) 

10. The courts of the State are effectually closed against 
the approach of the citizen, and prohibited from extending 
relief for an existing wrong — in this, that though the 
judges of election may willfully and corruptly refuse to permit 
a qualified elector to vote, yet the courts are forbidden to 
compel such officers to do their duty, or refrain from the 
commission of a wrong by injunction, mandamus, or other- 
wise. (Laws of 1870, p. 132, Sec. 22 ; Constitution, Sec. 11, 
Art. 1.) 

11. An election law has been passed, and is now enforced, 
which breaks down in practical effect all the safeguards of 
the ballot, and places in the hands of those who receive and 
count the votes, the unrestrained power to defeat the will of 
the electors, and to substitute their own instead; it authorizes 
those who have the handling of the votes, on one pretext and 



460 HISTORY OF TEXAS. 

another, to cast out large proportions of the votes and to an- 
nounce partial and untrue results ; it, by the non-identification 
of tickets voted, prevents fair and full investigation in cases 
of contested elections; it requires electors to travel long dis- 
tances, to undergo heavy expenses, and to consume much time 
needlessly to exercise the right of suffrage, thus compelling 
the citizen to forego the exercise of the elective franchise, or 
else to submit to exactions, oppressions and wrongs to person 
and property. (Laws of 1870, p. 130, et seq.) 

12. The enabling act places great power in the hands of the 
Executive, in palpable violation of the Constitution, in that 
it authorizes him to appoint various important officers who are 
charged with responsible duties, who under the Constitution 
are elective by the people, and to remove others, who are 
alone removable by due course of law. (Laws of 1870, pp. 
17, 18 ; Constitution, Sec. 12, Art 5. ) 

13. The terms of the Police Bill constitute of themselves an 
authorized violation of nearly every private right of the citizen. 
The police force is chosen by the Executive, and placed under 
his command without restriction or responsibility ; it is always 
ready for action, with arms in hand, having for its duties the 
part of spies, informers and detectives, circulating through the 
whole community. The very vocation of such a force renders 
them odious to the people, and unprincipled of themselves ; 
they are dangerous as hirelings to the reputation and lives of 
the people. The practical workings of this force, raised un- 
der the pretense of securing peace and quiet, and to arrest 
violators of the law, has demonstrated, beyond doubt, that it 
is a body of armed men, massed to overawe the citizen and to 
give an active arm to the Executive, to uphold and sustain 
him in his usurpations and exercise of the unlawful power con- 
centrated in him. Its work has been a succession of wrongs, 
mingled with blood ; its continuance is death to every private 
right, and in innumerable instances, to life itself. (Laws of 
1870, p. 19.) 






HISTORY OF TEXAS. 461 

14. Large amounts of money have been subjected and appro- 
priated to the use of the Executive, obtainable on requisition, 
and, on the sale of State bonds, to be held and used by him 
without any of the restrictions and safeguards which the laws 
require of all others who handle public moneys. (Laws 1870.) 

15. Under the authority of the Militia Law, now in force, 
and being daily executed, the Executive is vested with 
unlimited power. He may organize a standing army in a time 
of profound peace ; in the face of heavy pains and penalties, 
the citizen is required to perform military duty, and to form 
part of such standing army. A State Guard is provided for, the 
men and officers of which are chosen and selected by the Ex- 
ecutive, thus creating a special organization of great strength, 
composed of the pets, favorites and tools of the Governor, 
whose interest is to maintain him in his unsurpations, and to 
enforce his orders, whatever they may be. This is an armed 
body of men, who may be thrown into any city or county of 
the State, and there with rapidity and unscrupulousness, 
execute any order. the Executive may give. He is clothed 
with the power to declare martial law on the most paltry 
pretexts. He may, to all intents and purposes, suspend the 
writ of habeas corpus when there is no rebellion, no invasion, 
and when the public safety does not require it. With martial 
law declared, and the writ of habeas corpus practically 
suspended, the Executive becomes Dictator in Texas, and his 
will the sole guide to his action, he may take property or life, 
and be responsible to no tribunal of justice in the State, so 
long as he remains Governor under existing laws. (Laws 
1870, p. 11; Constitution, Sec. X, XVII, Art. 1.) 

It might possibly be said, that though such unlimited power 
is with the Executive, yet that all the probabilities are that 
he will not call it into exercise ; but already, under the arbi- 
trary power conferred, he declared martial law in the county 
of Hill, and through machinery rapidly extemporized, gathered 
by the hands of his adjutant-general, large sums of money 






462 HISTORY OF TEXAS. 

from citizens, while under duress, and without a judgment of 
any court of competent jurisdiction; and under the same 
arbitrary power, martial law was declared in Walker County, 
and then, under like machinery, gathered large sums of 
money from the people, and, in addition thereto, incarcerated 
a freeman of the State of Texas in the penitentiary; and all 
this in a time of profound peace, when there was no rebellion, 
no invasion, when the public safety was not threatened, and 
when the civil officers in the respective counties were fully 
able to execute all process, and to arrest all violators of the 
law. And again in the county of Bastrop, martial law was 
time and again threatened, and held in terrorum over the peo- 
ple thereof, with intent to force the grand jury of said county 
to indict, by false indictments, the good people thereof, and 
thus forge a reputation for that people, of being a lawless and 
criminal people. 

These things have grown into history, and are now recog- 
nized as authentic occurrences of the times. 

16. The Executive is now enforcing the execution of a 
repealed law, and thereby greatly increasing the taxes de- 
manded of the people, and gaining the possession and control 
of enormous sums of money, the distribution whereof is 
subject to his will, in connection with those about him, who 
hold position by his appointment, and whose terms of office 
depend on his pleasure. 

1. — 1. The act entitled " An act to organize and maintain 
a system of public free schools in the State of Texas," (laws 
of 1871, p. 59,) was presented to the Governor for his 
approval 12th April, 1871. (Senate Journal, p. 748.) 

2. In absence of approval the bill so presented would 
become a law in five days, if not returned. (Constitution, 
Sec. 25, general provisions.) 

3. The bill so presented was not approved, nor was it 
vetoed ; so on the 17th April, 1871, it became a law. 

4. The fifth section of said act provides that st The direct- 






HISTORY OF TEXAS. 463 

ors of each school district shall have the authority to levy a 
tax not exceeding one per cent, for the purpose of building 
school-houses and maintaining schools in their respective 
districts." 

II. — 1. The act entitled " An act to give effect to the 
several provisions of the Constitution concerning taxes," 
(laws 1871, p. 51,) was presented to the Governor for his ap- 
proval on the 20th day of April, 1871. (Senate journal, p. 
847.) 

2. Said bill was approved on the 22d April, and from that 
day became a law, five days after the act first named became 
a law under section 25 of the Constitution, before cited. 

3. The 8th section of the last act named provides that " A 
direct ad valorem tax, for the year 1871, of one-fourth the 
amount of the direct ad valorem State tax, on all real property 
situate, and all personal property owned in each school district 
in this State- * * * shall be levied and collected "to 
provide the necessary school-houses in each district, and 
insure the education of all the scholastic inhabitants of the 
several districts." 

4. The 22d section of the act repeals all laws and parts of 
laws in conflict therewith, " except such as authorize special 
county taxes and other special taxes." 

5. Section 5 of the first law and section 8 of the'last law are 
in conflict, or, at least, the one supplies the other, both being 
intended to raise a fund by taxation for one and the same 
indentical purpose. 

6. The repealing clause repeals section 5 of the act first 
named, and thereby reduced taxation for school-house pur- 
poses from one per cent, to one-eighth of one per cent. 

But, notwithstanding the record shows the foregoing facts, 
yet the Governor appended his approval to the law first named 
on the 24th day of April, 1871 — seven days after it had be- 
come a law — and thus, of his own will, sought to change the 
dates of laws, and to give them force and effect, in a reversed 



464 HISTORY OF TEXAS. 

manner, and by his signature to revive a law which had been 
repealed. 

This repealed law is now being enforced, and under its pro- 
visions a tax of seven-eighths of one per cent, on all the prop- 
erty in the State of Texas, real and personal, sought to be 
collected. 

17. The people have been disarmed throughout the State, 
notwithstanding their constitutional right " to keep and bear 
arms." (Constitution, Sec. 13, Art. 1. Laws 1871, p. 25.) 

The police and State Guards are armed, and lord it over 
the land, while the citizen dare not, under heavy pains and 
penalties, bear arms to defend himself, unless he has reason- 
able grounds for fearing an unlawful attack on his person, and 
that such grounds of attack shall be immediate and pressing. 
The citizen is at the mercy of the policeman and the men of the 
State Guard, and that too when these bodies of men embrace 
in them the most lawless and abandoned men in the State, 
many of whom are adventurers — strangers to the soil — dis- 
charged or pardoned criminals, forgetful of law — unrestrained 
by the customs of society, and without interest in or ties to 
the State. 

18. The Election Order, under the operation of which the 
near approaching election will beholden, is a monstrosity, 
and could only emanate from a mind deliberately determined to 
insult and humiliate the people to the last extreme, on the one 
hand, while on the other, it willfully orders the violation of 
the constitution, by the agents who are to carry said order 
into execution. It forbids the assembling of the people on 
the days of election; it prohibits free speech; it forbids the 
free and lawful movement of the citizen in person ; it forbids 
the citizen the right to advocate the election of the candidate 
of his choice ; it authorizes the judges of election to close the 
polls on the merest pretexts ; it subjects the citizen's motives 
and purposes to the judgment of policemen; it authorizes 
policemen to disperse bodies of citizens without warrant of 






HISTORY OF TEXAS. 465 

law, and when they have been guilty of no violation of law ; 
it subjects the citizen to arrest and detention while in attend- 
ance at an election, when he has not been guilty of treason, 
felony, or breach of the peace ; it is ordered to be executed as 
a criminal law of the State when it has not a single feature of 
a law ; it is the unlawful will of the Executive, enforced by 
him through the power of an armed police upon an unarmed 
people; it is the will of a despot and the act of a tyrant 
overriding the supreme law of the land. (Sec. 2, Art. 3, 
Constitution.) 

19. By orders executed through his armed bodies of police, 
the Executive has taken control of peaceable assemblies of 
the people, called together for peaceful and lawful purposes, 
and there suppressed free speech, under threats of arrest, and 
subjection to punishment as criminals. (Galveston case.) 

20. The Executive has deliberately disregarded the solemn 
judgment of the District Court, and ordered his policemen to 
contemn the court, and by force, with arms in their hands, to 
defy the court, and to execute his will in a question of law 
where the court had decided the case and entered its judgment 
of record. (Brownville case.) 

21. For the purpose and with the intent to retain the power 
they now hold, and to avoid having the free will of the people 
expressed in the enactment of laws, the Executive and others 
in authority contemplate (and are now actively engaged to 
accomplish their object) so apportioning representation in the 
legislature as that only the voice of a small proportion of the 
people shall be heard. It is proposed to give some localities 
much larger representation than the population thereof law- 
fully authorizes, and to take from other localities representa- 
tion to which their population entitles them. It is purposed 
to ignore local representation and to make large areas of ter- 
ritory representative districts, to the end that the sentiment 
of the population of a few localities may control the voice of 
the State in the enactment of laws. (Bill in both Houses.) 

30 



466 HISTORY OF TEXAS. 

While, sir, we have not specified all the acts of the present 
administration enf racting the Constitution, in violation of law, 
and in willful disregard of the rights of the people, nor en- 
tered minutely into the features of those named, yet we think 
we have shown enough to call upon all men for the most seri- 
ous reflection, and to show the tendencies of the present 
administration of the State Government. 

Without enlarging, we may say that the power which in 
Republican government is supposed to rest in the people, is 
fast departing from the people of Texas and concentrating 
itself in the hands of oue man — the Executive. That the 
people of this State no longer govern themselves, but are 
governed by E. J. Davis, as completely as if there were no 
Constitutions, State or Federal. While in form we have a 
Republican government, in substance and in fact we have a 
despotism, which constantly becomes more and more absolute, 
and will certainly end in unqualified enslavement of the 
people, unless some check is interposed. 

We find that the appropriations made by the legislature 
of 1870 for the ordinary expenses of the State government 
for the fiscal year, from the 1st of September, 1870, to the 
1st of September, 1871, was $756,383. 

The entire appropriations of that legislature, for all pur- 
poses except the subsidy to the International Railroad, 
amounted to the sum of $1,632,270.50. The appropriations 
of the legislature that met in the early part of this year 
(1871), for the ordinary expenses of the government for the 
fiscal year, beginning on the 1st of September, 1871, and 
ending on the 31st of August, 1872, were $1,072,662 ; for 
schools for same years $504,500; for deficiencies for fiscal 
year, ending 31st August, 1871, $364,743.45 ; for all other 
purposes, except subsidies to railroads, $178,699.83, making 
the entire appropriations by that legislature, exclusive of 
subsidies to railroads, $2,120,605.28. 

It will be recollected that the legislature of 1870 also voted 



HISTORY OF TEXAS. 467 

a subsidy of $10,000 a mile to the International Railroad, 
which will impose upon our people a debt of at least $8,000,- 
000, if the company complies with the terms of the law ; and 
the legislature of 1871 granted an additional subsidy of 
$6,000,000 to the Trans-Continental and Southern Pacific 
Railroads. 

We find that the cost of the legislature of 1857 was 
$159,760; that of 1866 was $167,000; that of 1870, $307,000, 
and that of 1871, $285,000, exclusive of the expenses of the 
adjourned session, which will probably be several hundred 
thousand dollars more, while the number of members, the per 
diem and mileage were the same for that of 1866, as -for the 
legislature of 1870 and 1871. 

We find that the ad valore?n tax upon property in the years 
1858 and 1859 was for the State one-eighth of one per cent ; 
for the county one-half of that rate. 

In 1866, the rate of taxation was increased, for the State, 
to fifteen cents on each hundred dollars, and for county pur- 
poses, not exceeding one-half of that rate. The legislature 
of 1871 increased the taxes as follows, viz : 

Ad valorem State tax upon property, one-fourth of which 
is for schools, one-half of one per cent; ad valorem county 
tax, one-quarter of one per cent ; ad valorem road and bridge 
tax, one-quarter of one per cent ; ad valorem tax for school- 
houses, one-eighth of one per cent ; tax for building school- 
houses and maintaining schools, one per cent; a poll-tax of 
one dollar for schools ; a poll-tax of one dollar for roads and 
bridges; besides the occupation and license taxes, and the tax 
for the frontier bonds which is understood to have been fixed 
by the Comptroller at five cents on each hundred dollars, 
from which it will be seen that our present rate of taxation 
for State and county purposes is about two dollars and seven- 
teen and a half cents ($2.17-^) on each hundred dollars, 
besides the poll-tax and occupation and license taxes. 

The following is an estimate of the taxes levied from the 



468 HISTORY OF TEXAS. 

polls the present year. The estimated value of the property 
subject to taxation is $212,000,000: 

One-half of one per cent on above, as ad valorem State tax 

will produce $1,060,000 

One-quarter of one per cent ad valorem county tax 530,000 

" " " " " bridge tax 530,000 

One -eighth of one per cent, as one-quarter of State tax for 

school purposes 265,000 

One-half of one per cent, as tax to pay frontier bonds 106,000 

One per cent tax for school-house purposes, etc 120,000 

Poll-tax for roads and bridges, estimated 150,000 

Poll-tax for schools, estimated 150,000 

License and occupation for State, estimated 300,000 

" " " county " 150,000 

$3,355,000 

In addition to the above, each tax-payer has to pay for the 
commission for assessing his ad valorem tax, which it is sup- 
posed will amount to about three per cent on his ad valorem tax. 

Your committee believe, from the best examination they 
have been able to give the subject, that the expenses of the 
government and the present rate of taxation are excessive. 
They think the ordinary annual expenses of the government 
should not exceed $695,000. They believe that an ad valorem 
tax of one-third of one per cent for the State, and one-sixth 
of one per cent for the counties, with the present poll-taxes 
and license and occupation taxes, will produce an amount of 
revenue ample to meet all necessary expenses, besides afford- 
ing a liberal amount for public schools, and still leave a sur- 
plus in the treasury. 

An ad valorem tax of one-third of one per cent upon $212,000,- 
000, the estimated value of property in the State, will 
produce $706,666 66 

Estimate of license and occupation tax 300,000 00 

$1,006,666 66 
Deduct one-quarter, set apart by Constitution for schools.... 251,666 66 

Leaves for ordinary expenses $755,000 00 



HISTORY OF TEXAS. 469 

There will then be applicable for public schools, the above one- 
quarter 1251,666 66 

Poll-tax of one-dollar,, estimate 150,C00 00 

Annual interest on railroad bonds ) 

In Treasury belonging to shool fund j 

This gives annually for public schools $538,097 66 

A county tax of one sixth of one per cent on $212,000,000 will 

produce $353,333 33 

License and occupation tax, one-half that for State 150,000 00 

Poll tax for roads and bridges, estimated 150,000 00 

This gives for county purposes $653,333 33 

The expenses for the building of school houses should be 
levied by the citizens of each school district, on the property 
situated in the district. 

1. Resolved, That the present rates of taxation are greatly in 
excess of the legitimate and necessary wants of the Govern- 
ment. 

2. Resolved, further, That the Legislature now in session 
be, and they are hereby requested by this Convention, as the 
representatives of the tax-payers and citizens of the State, to 
revise and remodel the tax laws, so as to levy in lieu of all 
other direct ad valorem taxes, only one-third of one per 
cent on all real and personal property, not exempt from tax- 
ation, for State purposes, and not exceeding one-half that 
rate for county purposes. The constitutional rate for school 
purposes to be taken from the amount thus levied for State 
purposes. 

In view of the foregoing facts, showing the infractions of 
the Constitution and laws of the State, and in view of the 
extraordinary expenditures proposed by the authorities and 
legislature of the State, and consequent burden of taxation 
levied upon the people to meet such expenditures, and in con- 
sequence of the violations of the rights and interests of the 
people, as are clearly shown to exist in the enactments of 
the legislature, and in the exercise of unlawful and august 



470 HISTORY OF TEXAS. 

powers assumed by the Governor of the State, therefore, be 
it 

Resolved, by the representatives of the people of Texas, in 
convention assembled : 

1. That a committee of seven be appointed by the Presi- 
dent of this Convention, whose duty it shall be to embody the 
action of this Convention and confer with the legislature and 
ask from that body, a redress of the grievances of which the 
people of the State complain. 

2. That this Convention declare to the people of the State 
(having taken competent legal advice thereon) that the order 
of the superintendent of schools for the collection of one per 
cent for the building of school-houses, etc., is illegal and 
void, and we advise the people not to pay the same but only 
to pay the one-eighth of one per cent as levied by the legis- 
lature 

3. That the committee to be appointed, as before directed, 
shall at once prepare an address to the people of the State, 
advising them in what particular manner to resist through the 
courts of the country the payment of the school-house and 
such other taxes as are deemed illegal. 

4. That in the event the recommendations of this Con- 
vention should be disregarded by the Governor and legisla- 
ture, and no measures of relief to the people be adopted, and 
no early day be fixed for an election and assemblage of the 
legislature, the committee appointed by the president of 
the Convention shall prepare a memorial, which shall be pre- 
sented from the committee through our delegate in Congress, 
to the authorities of the General Government, praying that 
the people of Texas may be protected in the right guaranteed 
by the Constitution of the State in the election of members of 
the legislature, under a just apportionment, as well as an 
election of State and county officers ; and that said commit- 
tee shall be fully authorized to present such facts and evidence 
as will tend to secure the great object in view. 



HISTORY OF TEXAS. 471 

5. Resolved, That while we are assembled here from every 
part of this great State, to protest to mankind against the griev- 
ous wrong under which the people are now laboring, we do at 
the same time solemnly and earnestly deprecate all violations of 
law and order, whether committed by bodies of men calling 
themselves by one name or another, or called by others by 
any name whatever. 

6. That we recognize the right of every person in the State 
without regard to race or previous condition, to equal civil 
and political rights under the law and to have protection for his 
life, liberty and property. That we are in favor of pay- 
ing all lawful and reasonable taxes for the establishment of 
public free schools, and to carry on the government ; but, at 
the same time, we recommend to the people that they do not 
pay such portions of the tax now demanded as we here show 
to be illegal. 

7. That we solemnly appeal to the deliberate judgment of 
the civilized world, and especially to that portion believing in 
the principles of Eepublican government, for their support 
and aid in our interest. 

All of which is respectfully submitted. 

A. J. Hamilton, Chairman. 
K. M. Henderson, Secretary. 
Jno. Ireland, A. W. Moore, 

Jno. M. Crockett, N. O. Green, 

James Shaw, A, S. Lathrop, 

Geo. Quinan, Wm. M. Walton, 

Francis M. White, S. P. Hollingsworth, 

Jno. W. Robertson, M. A. Gaston, 

D. A. Nunn, T. J. Chambers, 

J. W. Throckmorton, E. L. Dahoney. 

Rufus Price, 
On motion, the report of the committee was adopted, when 
the resolutions, thereto attached, were taken up seriatim, and 
adopted by the convention. 



472 HISTORY OF TEXAS. 

The president announced the committee of seven to 
memorialize the legislature, as follows: 

W. M. Walton, John Ireland, J. W. Throckmorton, J. T. 
Harcourt,, M. C. Hamilton, A. J. Hamilton, C. S. West. 

On motion of Governor Throckmorton, E. M. Pease, the 
president of the convention, was added to the committee. 

E. M. Pease, President of the Convention. 
Wm. M. Rusk, Secretary, 

Notwithstanding large amounts were collected for that 
purpose, not a single school house was erected in the State 
with the money. Many, before realizing the facts, paid the 
tax ; while many, being better informed, did not. 



ADJOURNED SESSION OF THE TWELFTH LEGISLATURE. 

As has been seen, the first provisional session of the 
legislature, after ratifying the amendments to the constitution, 
adjourned February 24, 1870, to await the action of Congress, 
which accepted the new constitution on the 30th of March, and 
the legislature re-assembled in regular session on the 26th of 
April, and adjourned on the 15th of August, to re-assemble on 
the 10th of January, 1871, on which day it re-assembled and 
continued in session till the 31st of May ; in doing so, it 
resolved to hold a fourth session, thereby prolonging the 
term of its members beyond its constitutional limits; but 
that fourth session was never held. There ought to have 
been an election for members of the legislature, in November, 
1871, but none was held. This would have been the 
thirteenth legislature ; but, the election not being held until 
November, 1872, in the middle of the constitutional term, the 
thirteenth legislature assembled on the 14th day of January, 
1873, with Edwin B. Picket as president pro tern of the senate, 



HISTORY OF TEXAS. 473 

and M. D. K. Taylor of Marion speaker of the house. Among 
its acts was a joint resolution affirming the fact that they ought 
to have been elected a year earlier and providing that the 
next, or fourteenth legislature, should be elected in November, 
1873. Thiswise and unselfish measure restored the constitu- 
tional order of events for the future. 



CHAPTEK XLIV. 

The Thirteenth Legislature — Its good work — Changes in the Judiciary — 
Richard Coke elected Governor. 

In the senate of the thirteenth legislature, one-half of the 
members holding over, there was a majority of three opposed 
to the policy of Gov. Davis. The house, all being elected in 
November, 1872, was overwhelmingly so. 

This legislature accomplished great good for the State by 
remodeling or repealing several of the laws heretofore referred 
to as so obnoxious to the people. It also enacted a law by 
which the State escaped the issuance of the $6,000,000 of 
bonds to the Texas and Pacific K, R. Company, substituting 
therefor land grants in accordance with the previous 
legislation of the State ; the wisdom of which was demon- 
strased by the final completion of that great thorough- 
fare from Shreveport to El Paso, with its connecting 
branches, from Marshall to Texarkana, and from that point 
via Clarksville, Paris, Bonham, Sherman, Pilot Point and 
Denton to Fort Worth; the final result of all which was to 
connect Texas with New Orleans, Vicksburg, Memphis, Cairo, 
St. Louis, Chicago, Kansas City and the entire system of rail- 
roads east and west of the Mississippi; and, not only with El 
Paso, but San Diego and San Francisco in California. In all 
the legislation affecting the material interests and develop- 
ment of Texas, no wiser act was ever passed by its legislature. 
ZTo it and its various connections afterwards, we are indebted 
for connections with the city of Mexico, the cities of the 
Eocky Mountains, the Indian Territory, Western Kansas, 
etc. Under its enactment, as before stated, the election for 
(474) 



HISTORY OF TEXAS. 475 

governor, State and county officers, and members of the 
fourteenth legislature, came off in November, 1873, the proper 
constitutional period, and a year sooner than would have taken 
place, under the action of the twelfth legislature. The election, 
however, was held, under the previous legislation, only at 
the county seats and under the surveillance of the special and 
regular police of the State. The contest was between Richard 
Coke, of Waco, the Democratic candidate, and Governor 
Davis. Coke received 103,038 votes, Davis 51,220; Coke's 
majority being 51,818, or two to one. 

As soon as the result of the election became known it was 
proclaimed that Governor Davis would not yield up the 
office at the assembling of the legislature in January, 1874, 
but claimed the right to continue for the full term of four 
years ending April 28th, 1874, from the date of his inaugura- 
tion. This was palpably in violation of a special provision of 
the constitution in relation to the term of the first governor, 
elected under its provisions. Excitement ran high over the 
country. A quasi case was made up to obtain a decision on 
the subject by the Supreme Court. That body, composed of 
three appointees of Governor Davis, indirectly made a decision 
in his favor. The time for the meeting of the legislature 
arrived and large numbers of people from different parts of 
the country assembled in Austin to witness what they regard- 
ed as the crowning act in the redemption of Texas from 
oppressive laws. Governor Davis occupied the lower rooms 
of the capitol building, with a body of armed men ; the major- 
ity of whom were said to be negroes. Governor-elect Coke 
temporarily placed a small force in charge of Gen. Henry E. 
McCulloch, then a private citizen. 

The Hall of Representatives and Senate chamber being un- 
occupied by Davis' force, were entered by the senators and 
representatives, and the house duly organized by electing 
Hon. Guy M. Bryan, of Galveston, speaker. Everything in- 
dicated a hostile collision. Mr. Bryan called to his aid Gen. 



476 HISTORY OF TEXAS. 

Wm. P. Hardeman, Col. John S. Ford and Mr. Wm. N. 
Hardeman, and after appropriate remarks on the gravity of 
the occasion, appointed them temporary sergeants-at-arms, 
with authority to organize a special police to protect the hall 
against armed violence and to enforce the authority of the 
house in all its rights. 

Pending this condition of things, Gen. Hardeman, in per- 
son, visited Governor Davis, represented the hazards of the 
situation and warned him that if a drop of blood was shed 
he (Davis) would be held responsible for the consequences. 
Governor Davis received him kindly, and, impressed by the 
admonition, dismissed his armed force. 

In the meantime Governor Davis telegraphed to President 
Grant, asking that the aid of the Federal troops might be in- 
voked for the maintenance of his assumed rights. President 
Grant promptly replied that, as the election seemed to have 
been free, peaceable and fair, and the majority against Gov- 
ernor Davis so great, he declined taking any action in the 
matter and advised yielding to the voice of the people. 
Thus admonished, Governor Davis retired from office. 
President Grant, already held in high esteem from his con- 
duct towards General Lee and our soldiers when they surren- 
dered, and, in their protection afterwards, nobly added to 
that sentiment, which continued until his death, as was shown 
by public meetings and memorial services throughout Texas 
on the day of his obsequies in the city of New York . 

Governor Coke and Lieut. -Governor Richard B. Hubbard 
were then peacefully sworn into office, the legislature fully 
organized and the people of Texas, after the lapse of nearly 
nine years, once more breathed the air of freedom. This 
auspicious event was consummated on the night of January 
13-14, 1874. 

To avoid confusion in dates and events, the following facts 
are summarized : 

From the admission of the State by Congress in 1870, 



HISTORY OF TEXAS. 477 

Morgan C. Hamilton was United States senator, for a frac- 
tional term of one year, and a full term of six years — ending 
March 4th, 1877. 

James W. Flanagan, of Henderson, from March, 1870, to 
March, 1875. . 

Eichard Coke, of Waco, March, 1877, to March, 1895. 

Samuel Bell Maxey of Lamar, from March 4th, 1875, to 
March 4th, 1887. 

John H. Eeagan, of Palestine, from March 4th, 1887, to 
1891. 

Horace Chilton of Tyler (by executive appointment), suc- 
ceeded Reagan and served from December, 1891, to March, 
1892. 

Eoger Q. Mills of Corsicana, was elected by the legislature 
in March, 1892, to fill the remainder of Eeagan's term, which 
will expire March 4th, 1893. 

EEPRESENTATIVES IN CONGRESS. 

Under the apportionment of 1860, Texas was entitled to four 
representatives in Congress. Under that of 1870, to six 
members, which went into effect in March, 1873. Under 
that of 1880, which took effect in March, 1883, to eleven 
members, — and under that of 1890, which will take effect in 
March, 1893, to thirteen members. 

The following list shows the names of all the members 
covering this period, and the time served by each one. 

George W. Whitmore, of Tyler, from 1869 to 1873. 

John C. Conner, of Jefferson, from 1869 to 1873. 

Wm. T. Clark (said to be of Bridgeport, Conn.), from 
1869 to 1871. 

Edward Degner, of San Antonio, 1869 to 1871. 

Wm. S. Herndon, of Tyler, 1871 to 1873. 

DeWitt C. Giddings, of Brenham, from 1871 to 1875 and 
from 1877 to 1879. 



478 HISTORY OF TEXAS. 

Wm. P. McLean, of Titus, from 1873 to 1875. 

Roger Q. Mills, of Navarro, from 1873 to his resignation 
in order to enter the Senate in April, 1892. 

Asa H. Willie, of Galveston, from 1873 to 1875. 

John Hancock, of Austin, from 1871 to 1.877. 

David D. Culberson, of Jefferson, from 1875 to 1893. 

James W. Throckmorton, of Collin, from 1875 to 1879 and 
from 1881 to 1883. 

Gustave Schleicher, of DeWitt, from 1875 to his death in 
1879. 

Wm. H. Martin, of Athens, from 1887 to 1891. 

John B. Long, of Cherokee, from 1891 to 1893, 

George W. Jones, of Bastrop, from 1879 to 1881. 

Joseph B. Sayers, of Bastrop, from 1881 to 1893. 

Wm. H. Crain, of DeWitt, from 1879 to 1893. 

Charles Stewart, of Houston, from 1879 to 1893. 

Olin Welborn, of Dallas, from 1879 to 1887. 

Joe A. Abbott, of Hillsboro, from 1887 to 1893. 

S. W. T. Lanham, of Weatherford, from 1883 to 1893. 

James F. Miller, of Gonzales, from 1875 to 1877. 

Littleton W. Moore, of Fayette, from 1877 to 1893. 

J. W. Bailey, of Cooke, from 1891 to 1893. 

Silas Hare, of Sherman, from 1883 to 1889. 

Constantine B. Kilgore, of Wills Point, from 1887 to 1893. 

Columbus Upon, of San Antonio, from 1881 to 1883. 

Thomas P. Ochiltree, of Galveston, from 1877 to 1879. 

SUPREME COURT JUDGES. 

During Gov. Pease's military term, 1867, to the organization 
under Gov. Davis in April, 1870, the Supreme Court consisted 
of Amos Morrill, chief justice, C. Colwell, A. J. Hamilton 
(resigned during the term), Albert H. Latimer (resigned, 
and Gen. Moses B. Walker, late of Ohio and a Union soldier, 
appointed, ) and L. Lindsay, associates. Their immediate pre- 



HISTORY OF TEXAS. 479 

decessors, in 1866-7, were George F. Moore, chief justice — 
associates, Eichard Coke, S. P. Donley, Asa H. Willie and 
George W. Smith. 

(In 1866 the legislature elected the venerable first president 
of Texas, David Gouverneur Burnet, and ex-chief justice Oran 
Roberts as United States senators, while the people elected as 
the four representatives to Congress, Benj. H. Epperson, 
of Red River, Anthony M. Branch, of Huntsville, Claiborne C. 
Herbert of Colorado, and George W. Chilton, of Tyler, but 
owing to the congressional determination to reject President 
Johnson's plan of reconstruction, these gentlemen were denied 
seats.) 

On the accession of Gov. Davis to power he nominated and 
the senate confirmed Lemuel D. Evans as chief justice and 
Messrs. Moses B. Walker and Wesley Ogden as associate 
justices of the Supreme Court. Failing health caused Judge 
Evans to resign and the Governor appointed John D. McAdo 
to fill the vacancy, the court thereafter consisting of McAdo, 
Ogden and Walker, each of whom had served for a time on 
the district bench; their subsequent ruling, declaring the elec- 
tionof 1873 unconstitutional, caused much reproach, but, with 
this exception they were accredited with judicial fairness, and, 
though Walker was a comparative stranger, all were regarded 
as honorable men, Messrs. McAdo and Ogden wherever 
known, having long enjoyed public respect and esteem. 

On the inauguration of Coke's administration, in January, 
1874, under an amendment of the constitution, the Supreme 
Court was reorganized with five members, with Oran M. 
Roberts as chief justice, the four associates being William 
P. Ballinger, George F. Moore, Thomas J. Devine and 
Reuben A. Reaves. Messrs. Ballinger and Devine subse- 
quently resigned and Messrs. Peter W. Gray and John Ireland 
were appointed. Charles S. West also filed a vacancy caused 
by Ireland's resignation; Judge Gray resigned in 1874 and 
was succeeded by Robert S. Gould. 



480 HISTORY OF TEXAS. 

Under the constitution of 1876, another change occurred. 
The Supreme Court was reduced to three members, and a 
Court of Appeals of three members, with criminal and a 
restricted civil jurisdiction, was created. The Supreme Court 
consisted of Oran M. Eoberts, chief justice, with George F. 
Moore and Robert S. Gould associates. Of the Court of 
Appeals, John P. White (as presiding judge), Clinton M. 
Winkler and Matthew D. Ector were made the judges. 

No change was made in the higher judiciary until the adop- 
tion of certain constitutional amendments in 1891, which 
remains ineffective till the election to take place in November, 
1892. These amendments, containing our present judicial 
system, will be found in the State constitution. 

In 1878 chief justice Roberts was elected Governor, and 
George F. Moore succeeded him and served till his resignation 
in 1881. He was succeeded by Robert S. Gould and he, in 
1880, by John W. Stayton, who is still so, his associates 
being Richard R. Gaines and John L. Henry. Sawnie 
Robertson filled a vacancy for a time, but declined longer 
service. 

Judge White resigned as presiding judge of the Court of 
Appeals, and was succeeded by Associate James M. Hunt, 
who had served from 1880. Samuel A. Wilson served on 
that bench several years, and was succeeded by W. L. David- 
son. A vacancy by resignation in 1892 was filled by E. J. 
Simkins. The court now consists of James M. Hurt, as pre- 
siding judge; W. L. Davidson and E. J. Simkins, as 
associates. 








GOV. RICHARD COKE 



CHAPTER XLV. 

COKE'S FIRST ADMINISTRATION. 

Governor Coke in 1874 appointed George Clark, Secretary 
of State. The people had elected Stephen H. Darden, Comp- 
troller, Andrew J. Dorn, Treasurer, and J. J. Groos, Commis- 
sioner of the Land Office. 

Under an amendment to the Constitution, the Supreme 
Court was so remodeled, as heretofore shown, as to consist of 
a chief justice and four associate justices. Governor Coke 
nominated and the senate confirmed, Oran M. Roberts as 
chief justice, and, as associate justices, Win. P. Ballinger, 
George F. Moore, Reuben A. Reeves and Thomas J. Devitie. 
George Clark resigned as Secretary of State, and was ap- 
pointed Attorney-General, A. W. De Berry succeeding him in 
the former position. 

The legislature proceeded to reform the laws in force, still 
further correcting the wrongs of which the people had com- 
plained. By far the most important was the act of the twelfth 
legislature, granting a bonus to the International Railroad 
Company of $10,000 per mile for six hundred miles across the 
State, from its northeastern limits, to Laredo on the Rio 
Grande. This was to be met by the issuance of bonds running 
thirty years and bearing eight per cent interest. Governor 
Coke in a subsequent message to the legislature, referring to 
this act, said : 

"On the 5th day of August, 1870, when the legislature, 
composed for the most part of strangers to the State and 
people of Texas, chosen at an election when less than one- 
fourth of the tax-payers were allowed to vote, occupied the 

31 (481) 



482 HISTORY OF TEXAS. 

halls of the capitol. The agents of the International Kailroad 
Company, by the most fraudulent and corrupt means, pro- 
cured the enactment of the charter, under which they make 
the claim. The charter grants $10,000 per mile for the con- 
struction of a road from Jefferson to Laredo on the Rio 
Grande, and exemption from taxation for five years (which 
they have enjoyed). Feeling, doubtless, that whenever the 
people of Texas came into possession of the government, 
they would resent this great outrage perpetrated upon them 
when they were defenseless, and frustrate this fraudulent 
attempt to fleece them, the effort was made to put the whole 
matter beyond and out of the reach of the people or of any 
subsequent legislature. For this purpose, although the con- 
stitution provides that no money shall be drawn from the 
treasury except in pursuance of an appropriation, and that no 
appropriation shall be made* for a longer term than two years, 
in order to avoid having to come before any subsequent legis- 
lature for an appropriation to pay any interest on the bonds, 
this charter provides that for thirty years the comptroller 
shall annually assess a sufficient tax upon all the property 
and occupations in the State to pay the interest on and sink- 
ing fund for these subsidy bonds, and have it collected and 
placed in the treasury, subject to the order of the governor, 
who shall pay it to the bondholders. The people are not 
trusted; any subsequent legislature that they might elect 
is not trusted, to make an appropriation ; the charter is 
so constructed as to be self-sustaining, without the aid, 
and against the will of the people or legislature ; and 
if the mandamus case, decided last summer, had resulted 
in their favor, the plan would have been successful. This 
is the only law on the statute books of Texas, marked by 
that peculiarity, since the organization of the government, as it 
is the only law ever enacted in Texas which imposes taxes on 
the people to pay for the construction of a railroad. From 
the day of the enactment of this charter, by the twelfth legis- 



HISTORY OF TEXAS. 483 

lature, to the present hour, the world, and especially the 
International railroad Company, has been notified in every 
way and by every means through which popular feeling and 
determination could find expression, that the people of Texas 
would resist the payment of this subsidy. The administration 
under which the charter was enacted, refused to issue bonds 
under it, on the first application for them. Contemporaneous 
with the passage of this charter, public meetings were held in 
various counties in the State, and the indignation of the 
people and their determination never to pay the subsidy, set 
forth in resolutions which were published throughout the 
country. The press teemed with denunciations of the fraud 
and denials of the power of the legislature to impose this 
debt on the people. The tax-payers' convention of 1871, 1 
a great body of representative men, denounced it. A large 
body of eminent, representative men, from every portion of 
the State, in 1870, in a memorial to Congress, praying that 
body to guarantee to Texas a republican form of government, 
denounced that charter. The House of Representatives of the 
thirteenth legislature, through a select committee, solemnly 
held the charter void, because in excess of constitutional 
power." 

The fact, in justice to the dead, should be distinctly stated 
and remembered. The Hon. A. Bledsoe, an honored citizen 
of Dallas County, elected at the same time and on the same 
ticket with Governor Davis as Comptroller of the State, when 
called upon by the railroad authorities, sternly refused to 
sign the bonds, holding that it would be an outrage on the 
rights of the people, and in violation of the constitution. 
This led to the mandamus suit, the object of which was to 
compel him to sign and issue the bonds, to which Governor 
Coke refers in the extract quoted. The Supreme Court re- 



1 Over which ex-Governor Pease presided and of which ex-Governors 
Hamilton and Ireland were members. 



484 HISTORY OF TEXAS. 

fused the mandamus, after a most learned and conclusive 
argument in behalf of Comptroller Bledsoe and the State by 
the Hon. George Clark, then attorney-general. The court 
then consisted of Chief Justice Roberts and Justices Ballin- 
ger, Moore, Reeves and Devine. 

The railroad company refused every proposition for a 
compromise, and demanded the pound of flesh. Public sen- 
timent was greatly in favor of a railroad over the route pro- 
posed, and, in a spirit of compromise, the legislature passed an 
act to meet the difficulties, but it was so defective and retained 
so much of the spirit of the charter itself, that Governor 
Coke, in an able, exhaustive and unanswerable message, 
promptly vetoed it. This brought a change of policy on the 
part of the railroad. Its partisans came to realize that the 
position of the State and its authorities, was such as to pro- 
tect the people of the State from the unprecedented wrong 
attempted ; thereupon the legislature passed and the Governor 
approved, a compromise act which the company accepted. 
Yet, it was far more liberal to the company than would have 
been possible, but for the great desire to avoid any possible 
ground for further interference of the Federal government 
with the domestic and internal affairs of Texas. It granted 
to the railroad company twenty sections of land, in lieu of 
State bonds, for every mile of road then or thereafter built. 
Not only this, but it relieved them of taxes on the lands so 
granted, for a period of twenty-five years. And yet more ! 
Contrary to the settled policy of the State from the beginning, 
ranking next in public esteem to the homestead legislation, it 
relieved them of the obligation to sectionize the public lands, 
they taking every alternate section, and the State setting apart 
the other alternate sections as a part of the public free school 
fund ; and allowed them to select their lands in solid bodies — 
a concession only justified by its advocates to escape greater 
evils. 







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HISTORY OF TEXAS. 485 



THE CONSTITUTION OF 1875-6. 

Realizing the impracticability of correcting many of the evils 
complained of under the constitution of 1869-70, the same 
legislature, in a second session in March, 1875, passed an act 
providing for the election of delegates to a convention to 
form a new constitution. The election was held August 2d, 
1875, and resulted in the election of a full set of delegates, 
among whom were a large number of the ablest and most 
experienced men of Texas. They convened at Austin on the 
6th of September and elected Edward B. Picket, of Liberty, 
president and Leigh Chalmers, of Austin, secretary. On the 
25th of November the convention adjourned, having completed 
its work — and provided for the submission of the consti- 
tution to the people for ratification or rejection at an election 
to be held on the 18th of February, 1876, and for the election 
at the same time of a full set of State, district and county 
officers. At that election, there were 136,606 votes cast for 
the constitution, — against it 56,652 — majority, 79,954. For 
re-election Governor Coke received 150,681 votes to 47,719 
cast for Win. Chambers. Lieut. -Governor Hubbard was re- 
elected by 150,418 to 48,638 for Frederick W. Miner. 

The new legislature assembled on the 18th of April, 1876. 
Thomas R. Bonner was elected speaker of the House of Rep- 
tatives. Messrs. Coke and Hubbard were re-inaugurated on 
the 25th. Gov. Coke was elected to the United States 
senate on the 5th of May, but continued to exercise the duties 
of the office until December 1st, 1876, when he was succeeded 
by Lieut. -Governor Hubbard, who yet had a full term of two 
years to serve. A special clause of the constitution extended 
this term so as to cover the preceding seven months, in order 
to preserve uniformity in the periods of subsequent elections. 

In Governor Coke's administration, in which he met the 
results of the previous period of reconstruction, he strength- 



486 HISTORY OF TEXAS. 

ened the arm of the civil law by the certain and speedy 
administration of justice by civil officers. In very few in- 
stances was it found necessary to appeal to military force for 
sustaining the law. A small company was kept in readiness, 
subject to the Governor's call, and bands of lawless men 
were gradually broken up. 

There was no money in the treasury and no public credit. 
The State debt was $4,500,000, and retrenchments in public 
expenditures were necessary. 

The cost of public printing was reduced from $125,000 to 
$25,000.* The appropriations for the blind and deaf mute 
institutions were materially reduced. These economical 
methods with the relief to the treasury of the International 
Railroad debt, improved the credit of the State. Bonds that 
had been slow of sale at forty cents on the dollar grew in 
value, ultimately commanding live per cent premium. Gov- 
ernor Coke opposed the issuance of State bonds for public 
improvements. Taxes were reduced from two dollars and 
thirty cents on the one hundred dollars to fifty cents and the 
public debt was at the same time reduced $400,000. The set- 
tlers on the frontier, having been robbed and many among them 
murdered by the Indians, had withdrawn to closer settlements. 
The rangers now pursued the Indians and punished them, 
giving such confidence of security that the borders were 
speedily extended fifty miles or more. 

At the election referred to, Oran M. Roberts was re-elected 
chief justice of the Supreme Court and George F. Moore and 
Robert S. Gould, associates, for the newly created Court of 
Appeals. John P. White of Seguin, Clinton M. Winkler of 
Corsicana, and Mathew D. Ector of Marshall were chosen 
justices. 

Under the new constitution, the regular sessions of the 

1 Statements from the governors of ten States, any of them of greater 
population than Texas, were submitted to the legislature, showing that 
$25,000 was the average sum expended by them. 



HISTORY OF TEXAS. 



487 



legislature were limited to sixty days, and adjourned and 
called sessions to thirty days — periods evidently too short 
for so large a body to wisely perform the duties devolving 
upon them. 

(The legislature, most clearly, meeting but once in two 
years in regular session, should be allowed three months in 
which to transact the business confided to it.) 

It may be admissible for the author of this work to state that 
as a member of the constitutional convention, he was one of 
the minority who advocated allowing the first session under the 
new constitution, — charged with revising all the laws of 
Texas for the first time, from 1836 to that time, a momentous 
period of forty years, — to sit four months and, after that, 
allowing all biennial regular sessions to hold for three months 
and adjourned or called sessions sixty days. 



CHAPTER XLVI. 

HUBBARD'S ADMINISTRATION. 

At the great centennial in Philadelphia, on the 4th of July, 
1876, Mr. Hubbard, then Lieutenant-Governor of Texas, 
delivered an address in behalf of his State, so replete with his- 
torical lore, and patriotic devotion, as to give him a national rep- 
utation as a great American orator. He became Governor, as 
stated, on the 1st of December, 1876, Senator Wells Thomp- 
son of Colorado, succeeding him as president of the senate. 
The sixteenth legislature assembled, January, 1879, and on 
the 14th of that month, Governor Hubbard submitted his last 
regular message to that body, it being the close of his admin- 
istration. It is a full and elaborate presentation of the events 
connected with the previous two years, showing the condition 
of the finances, the eleemosynary institutions and facts bearing 
on all State educational institutions, the advance of internal 
improvements, the proceedings taken to detect fraudulent 
land titles, the erection of the penitentiary at Rusk, in 
Cherokee County, the increased prosperity of the frontier 
Counties under the protection of the State troops, and the 
increase in values from a little over $10,000,000 in 1874 to 
$22,000,000 in 1878, assessments being at the same rate for 
the two years, while fourteen other counties in northwest 
Texas were organized during the same period, and other coun- 
ties were then ready to organize. He said: (i It is a fact that, 
for more than twelve years prior to the creation of the fron- 
tier battalion, and its service in the west, no new county had 
been organized. On the contrary the adjutant-general re- 
ported that three counties — Young, Coleman and Stephens — 
(488) 



HISTORY OF TEXAS. 489 

had been depopulated and had lost their county organizations, 
and hundreds of citizens had been compelled by the Indians 
to abandon their homes in the other frontier counties. If 
the same progress marks the history of that section under 
like causes in the future, many years will not elapse before 
the savage will be a stranger within our lines, and the State, 
along her border, will be securely protected by a living wall 
of her own hardy and patriotic people." 

These prophetic utterances of Governor Hubbard were 
rapidly realized. The completion of the Texas and Pacific 
Kailroad in 1882; the completion of the Southern Pacific 
from San Antonio to El Paso a year or two later, and, still 
later, the completion of the Fort Worth and Denver road, pass- 
ing diagonally through the whole Pan Handle country, were 
each followed by such an influx of population, the establish- 
ment of towns and the organization of counties, as to mark 
an era in the development of American frontiers, and the 
march yet continues in a ratio, marvelous to those throughout 
the Union who, from the opening of the Santa Fe trade 
in 1823, labored under the absurd and now exploded idea 
under which geographers portrayed that country as the 
Great American Desert. 

Governor Hubbard submitted to the legislature the report 
of the codifiers, previously appointed by Governor Coke, to 
codify the laws of the State. These gentlemen were: Charles 
S. West of Austin, George Clark of Waco, John W. Ferris 
of Waxahatchie, Ben H. Bassett of Brenham, and Samuel A. 
Wilson of Cherokee. The result of their labors was the 
adoption, in 1879, of the large volume now known as The 
Revised Civil Statutes of Texas, embracing the Criminal 
Code, and the Code of Criminal Procedure. 

Briefly condensed, Governor Hubbard showed the bonded 
debt of Texas to be $5,086,109.05. 

Referring to the lunatic asylum Governor Hubbard felici- 
tated the State on the fact that the per cent of patients 



490 HISTORY OF TEXAS. 

restored to reason was forty — a larger per cent than in any 
similar institution in the United States, while the per cent 
of deaths was less than in any such institution in the 
Union. Only four patients were reported unimproved, the 
whole number being three hundred and seventy. Since 
his retirement from the Governor's office in 1879, Gov. 
Hubbard has served his country, under the administra- 
tion of President Cleveland, — 1885 to 1889 — acceptably, 
as American minister to Japan. As Governor he was suc- 
ceeded by Governor Eoberts, and George F. Moor became 
chief justice of the Supreme Court. 



ROBERTS' FIRST ADMINISTRATION (JANUARY, 1879, TO 

JANUARY, 1881.) 

On the accession of Gov. Koberts to office, with Joseph D. 
Sayers as Lieutenant-Governor, our State debt had reached 
$5,500,000.00. Under Governors Coke and Hubbard several 
reforms affecting the revenue and finances had been inaugu- 
rated, but required yet longer time to yield the anticipated 
results. The tax laws had been inefficient, and collections had 
been, not only deficient, but attended with serious losses. 
Gov. Roberts took up the work where his predecessors had 
left off, and urged measures of retrenchment and reform, until 
the expenses of the State, including interest on the public debt, 
should be brought within the revenues and the debt put in 
process of the earliest possible extinction, without additional 
taxation on the property of the country, much the larger pro- 
portion of which was non-productive. Among other things, 
he favored, temporarily, a less appropriation for the support 
of free schools, until this consummation should be reached. 
The result was, an appropriation of one-sixth instead of one- 
fourth of the general revenue (the latter being the constitu- 
tional limit), for the years 1879-80. This recommendation 
called forth bitter denunciations by the opponents of the Gov- 



HISTORY OF TEXAS. 491 

ernor, and it was sought in 1880 to defeat his renomination 
and election very largely on that ground. Yet he was over- 
whelmingly vindicted, not only by his almost unanimous 
renomination, but by his re-election by a majority of 67,998 
over the combined vote of ex-Governor E. J. Davis and W. 
H. Hamman, Koberts' plurality over Davis being 101,719. 

By reforms in the law, twenty-two thousand more children 
than ever before, were in 1880, taught for a longer time, and 
by a better average grade of teachers, for $197 N 000 less 
money than before. The improved conditions, thus inaug- 
urated, have continued for the succeeding twelve years, and 
in the cost of this improvement is included the founding and 
first year's expenses of two State normal schools; one (the 
Sam Houston, at Huntsville), for white males and females; 
the other (at Prairie View), for colored males and females; 
both now, twelve years later, in a prosperous condition, 
already having accomplished great good, large numbers of our 
present teachers being graduates of those institutions. 

During Gov. Koberts' first term, from 1879 to 1881, the 
public debt was reduced over $400,000, and by converting ten 
per cent State bonds, issued chiefly under Governor Davis, 
into Hve per cent bonds, saved $50,000 to the State. More 
school lands were sold for the benefit of the school fund, than 
for several years before; all four per cent State warrants, 
previously issued to meet emergencies, were redeemed, and 
that interest stopped. At the close of his first term, there 
were in the treasury $300,000, to meet current expenses, and 
$50,000 to diminish the public debt. An act was also passed 
setting apart 5,000,000 acres of public lands to be sold for 
money with which to pay the entire public debt, so as to 
relieve the people of onerous taxation, involving an enormous 
interest, originating when the people were practically denied a 
voice in the government. 



492 HISTORY OF TEXAS. 



ROBERTS' SECOND TERM, 1881 to 1883. 

With Governor Roberts, in January, 1881, Leonidas J. 
Storey was inaugurated as Lieut. -Governor. 

Under a law enacted in the session of 1881, it was pro- 
vided that three hundred and twenty-five leagues of land, 
should be selected from the public domain to be held in trust 
by the State, and, as new counties should be organized, four 
leagues should be granted to each, for the support of free 
public schools, in fulfillment of the original policy of 1839. 
This course was adopted as a precautionary one, in case of 
the exhaustion of the public domain, in order that every 
county thereafter created might receive its proportion of 
land. The law required the work to be done under contract 
by a bonded surveyor, under the supervision of a commis- 
sioner to be appointed by the Governor. Governor Roberts 
appointed John Henry Brown, of Dallas, as commissioner ; 
and, beginning in March, 1882, the work was completed during 
that year. The work was done with great care, and the 
corners were marked with such permanent mounds of earth or 
stone, as to avoid all ground for future conflict. A large 
number of counties since that time, embracing all organized 
between 1882 and 1892, have received their respective four 
leagues, or 17,712 acres of land, the proceeds of the sales of 
which shall constitute an auxiliary permanent county school 
fund, in addition to the State funds; the interest only can be 
used for the current support of the schools. This was a wise 
step on the part of the State, and is destined to exert a most 
beneficial influence in all future time, on that large section of 
counties embraced in the pan-handle and west Texas, besides 
a few isolated counties created elsewhere. Governor Roberts' 
second administration was a continuation of the wise and 
economical policy of the first, based on his maxim, so fully 
indorsed by the people, of pay as you go. Soon after his 



HISTORY OF TEXAS. 493 

retirement from the executive office, he was elected by the 
regents of the State University, chancellor of that institution, 
a position for which the bar and the people of Texas con- 
sidered him eminently qualified by a judicial experience cover- 
ing forty years, and a residence in the State of fifty-one 
years. He yet fills that position. 



IRELAND'S TWO ADMINISTRATIONS, 1883 TO 1887. 

John Ireland was born in Hart County, Kentucky, January 
1, 1827. In 1853 he settled as a lawyer at Seguin, Texas. 
In 1861 he was a member of the secession convention. He 
served as a private, captain, major and lieutenant-colonel in the 
Confederate army. In 1866 he was a member of the consti- 
tutional convention, and became district judge the same year, 
but was removed by the military a year later. In 1873 he was a 
member of the thirteenth legislature. In 1874 he was senator 
in the fourteenth legislature. In 1875 he was appointed a 
member of the Supreme Court, but resigned in 1876. 

In 1882 he was elected Governor by a majority of 48,308, 
Marion Martin, of Corsicana, being elected Lieutenant- 
Governor. In 1884 he was re-elected by a majority over two 
opponents of 98,227, and a plurality over his chief opponent 
of 123,784 ; Barnett Gibbs, of Dallas, being chosen Lieuten- 
ant-Governor. In both instances his nomination was unani- 
mously made. It will be seen that he assumed the executive 
functions fortified by a varied experience, and with a char- 
acter for talent and integrity in keeping with that of his three 
predecessors. 1 At this period a large part of Texas was pass- 
ing through a transition state from a pastoral to an agricul- 
tural country, with greatly increased commerce and travel. 
New counties were being rapidly organized, and large bodies 



1 He selected as adjutant-general Wm. H. King of Hopkins County, an 
able and Ions-tried soldier. 



494 HISTORY OF TEXAS. 

of land, formerly open to free pasturage, were being put in 
cultivation or under wire fencing for pastoral purposes, pre- 
venting the opening of highways and closing up others that 
already existed. Great discontent was the result, demanding 
a vigorous exercise of executive power, in the protection of 
the rights of conflicting parties, and the suppression of vio- 
lence, among those who were disposed to act on the doctrine 
that •' might makes right." Wire fences were clandestinely 
cut and a fence-war was threatened. The Governor's wise 
and vigorous course prevented evils of great magnitude, the 
prospect of which alarmed the most conservative element of' 
the country. By sending Adjutant-General Wm. H. King to 
investigate and report all the facts to him, and then convening 
the legislature, which passed such remedial legislation as 
seemed to be demanded — making fence cutting a felony, and 
providing for the opening of roads through inclosed pastures — 
followed by a few months of firm, but conservative execution 
of the laws, the agitation ceased, and the disorders were over- 
come. By this action Governor Ireland greatly gained in the 
public esteem, which accounts for his greatly increased vote 
in his re-election for the second term. There were also other 
questions of grave importance connected with the railroad 
service and questions relating to land matters, and the dis- 
position of the school sections and the public domain ; all of 
which were judiciously managed, and the field left open for 
new and important issues. 

A second penitentiary was established at Rusk; aid was 
granted the Confederate Home in Austin ; the various State 
institutions were liberally aided, and the educational institu- 
tions of the State, including the public school system, were 
still further encouraged. 

The penitentiaries were thrown on his hands and were man- 
aged with consummate success. He built the grand granite 
capitol and to him Texas owes the debt for a granite instead 
of an Indiana limestone building. He purchased and put in 




L. S. ROSS 



HISTORY OF TEXAS. 495' 

successful operation a sugar farm for working convicts. He 
purchased that historic spot, the Alamo, for the State. He 
had the million dollar debt due Texas by the United States 
for frontier protection, audited and put in a fair way for 
collection. He so reformed the laws as to require tax col- 
lectors to pay the revenues collected to the treasurer instead 
of to the comptroller, and since that time there has been no 
lack of funds in the State treasury with which to run the 
government on a strictly cash basis. 

In his retirement, since 1887, Gov. Ireland has received 
many evidences that his two administrations were satisfactory 
to the people. 

ROSS' TWO ADMINISTRATIONS. 

In November, 1886, Lawrence Sullivan Ross, of Waco, was 
elected Governor (1887 to 1889), by a very large majority, 
Thomas Benton Wheeler being elected Lieutenant-Governor. 
Both were re-elected two years later for a second term. 

Gen. Ross entered upon his duties with a degree of personal 
popularity unsurpassed by that of any citizen of Texas. It 
had been well earned. Almost a native son of Texas, he had 
won distinction as a youth in the Indian wars, and entered 
the Confederate service as a major, and remained in it until 
the surrender in 1865, having filled the positions of colonel 
and brigadier-general. As commander of Ross' Brigade he 
won a distinction honorable to himself, to those under his 
command and to his State. After Reconstruction his repu- 
tation was sustained by service in the legislature and in the 
constitutional convention of 1875. 

His administrations proved to be wise and efficient. Peace, 
prosperity and general confidence received an additional im- 
petus. A second State lunatic asylum was established in Ter- 
rell. A State reformity for boys was founded at Gatesville. 
A third insane asylum was provided for in San Antonio, and 



496 HISTORY OF TEXAS. 

is now iii successful operation. A State Institution as a home 
for orphans was founded at Corsicana. The State normal 
schools, for both white and colored, were encouraged. The 
magnificent State capitol, considered one of the finest in the 
United States (provided for during Governor Eoberts' admin- 
istration, at a cost of 3,000,000 acres of frontier land and 
prosecuted through Governor Ireland's term,) was completed 
and accepted under Governor Ross' adminstration. The 
general prosperity evidenced by the building of railroads, the 
increase in population, the growth of towns and cities, the 
general increase of wealth and the settlement and organization 
of new counties in the west and northwest, greatly surpassed 
that of any previous similar period, flattering as it had been 
under every administration from Coke in 1874 up to that time. 
Governor Ross retired from office in January, 1891, and 
was soon afterwards called to the presidency of the Agricul- 
tural and Mechanical College at Bryan, a position for which, 
as a thoroughly educated and practical farmer, he is in every 
respect qualified. 

GOVERNOR HOGG'S ADMINISTRATION (1891 TO 1893). 

James S. Hogg (son of General Joseph L. Hogg, who died 
a Confederate brigadier-general at Corinth in 1862,) was born 
and grew up in Cherokee County, Texas, and was too young 
for service in the Confederate army. He acquired a good 
education, learned the printer's art, conducted and edited 
a newspaper, became a lawyer, served as district attorney, 
and, from 1887 to 1891, by two elections served as attorney- 
general of the State. 

In November, 1890, he was elected Governor by a very 
large majority. George C. Pendleton, of Bell, was at the 
same time chosen as Lieutenant-Governor. They were inaug- 
urated in January, 1891. 

The measures enacted during the first session of the legis- 




JAMES S. HOGG 

Governor 

1890 



HISTORY OF TEXAS. 497 

lature in this administration embraced the creation of a rail- 
road commission and a law with regard to land-holding by 
aliens, upon which public opinion became much divided. 
They are now living questions in the public mind, and not 
considered within the purview of the historian, farther than 
to state the fact that Governor Hogg convened the legis- 
lature in extra session on the 14th of March, 1892 (the pres- 
ent year), and, that body modified the alien land law in 
a manner, apparently, satisfactory to the people. On the 
creation of the railroad commission, Governor Hogg appointed 
United States Senator John H. Reagan, president of the rail- 
road commissioners. The vacancy thus made in the senate 
was filled by the temporary appointment of Hon. Horace 
Chilton of Tyler, but, at the called session in March, the 
Hon, Roger Q. Mills of Corsicana, then serving his twentieth 
year in the U. S. House of Representatives, was elected to fill 
Senator Reagan's unexpired term, ending in March, 1893. 
Wm. P. McLean and L. L. Foster were appointed the other 
two members of the commission. 

32 



CHAPTER XL VII. 
MATERIAL PROGRESS OF TEXAS. 

Texas became a State of the American Union, February 
19th, 1846. No census had ever been taken, but by the terms 
of annexation, she was allowed two representatives in the 
Congress of the United States. The Federal census of 1850 
showed a population of 212,592, under which she was entitled 
to only two representatives. The census of 1860 returned 
604,215, under which she was allowed four representatives in 
Congress. By the census of 1870 the population had increased 
to 818,579 with a representation of six members. 

By the census of 1880, the population was 1,591,749 and 
she was allowed eleven representatives in Congress. The 
census of 1890 gave a population of 2,235,513 and her repre- 
sentation increased to thirteen members, who will be elected 
for the first time in November, 1892. Thus it will be seen 
that in the forty years, from 1850 to 1890, the population 
increased from 212,592 to 2,235,513. 

TEN OF THE MOST POPULOUS COUNTIES. 



Whites. 

Dallas 55,710 

Grayson 46,309 

Bexar 43,408 

Tarrant 36,777 

Harris 23,622 

McLennan 28,682 

Travis 26,736 

Collin ...34,183 

Galveston 24,396 

Ellis 28,366 

(498) 





Indians and 




egroes. 


Chinese. 


Total. 


11,209 


63 


67,042 


6,709 


73 


53,291 


5,736 


96 


49,206 


4,808 


48 


41,142 


13,613 


14 


37,249 


10,509 


13 


39,204 


10,270 


9 


37,019 


2,550 


3 


36,736 


7,039 


42 


31,476 


3,406 


2 


31.774 



HISTORY OF TEXAS. 499 



TOWNS AND REGISTRATION OF VOTERS. 

Under an amendment to the constitution, adopted in 1891, 
the legislature at the called session, March and April, 1892, 
passed a law providing for a registration of voters, and also 
adopted, in a modified form, what is known as the Australian 
system of voters in towns having 10,000 or more inhabitants ; 
this law to take effect at elections in such towns at the elections, 
in November, 1892. 

THIRTY-THREE OF THE LARGEST TOWNS IN THE STATE. 

Pop. 1890. Pop. 1880. Increase. 

Dallas ...38,067 10,358 27,709 

San Antonio 37,573 20,55C 17,123 

Galveston 29,084 22,248 6,836 

Houston 27,557 16,513 11,044 

Fort Worth , 23,076 6,663 16,413 

Austin 14,575 11,013 3,562 

Waco 14,445 7,295 7,150 

Laredo... 11,319 3,521 7,798 

Denison 10,958 3,975 6,983 

El Paso 10,338 736 9,602 

[The Registration law applies to the above ten towns.] 

Paris 8,254 3,980 4,274 

Sherman 7,335 6,093 1,242 

Marshall 7,207 5,624 1,583 

Tyler 6,980 2,423 4,485 

Gainsville 6,594 2,667 3,927 

Corsieana 6,285 3,373 2,912 

Brownsville 6,134 4,938 1,196 

Palestine 5,838 2,997 2,841 

Brenham 5,209 4,101 1,108 

Corpus Christi 4,387 3,257 1,130 

Greenville 4,330 .... 

Temple 4,047 .... 

Weatherford 3,369 2,046 1,323 

Bonham 3,361 1,880 1,481 

Beaumont 3,296 

Cleburne 3,278 1,855 1,423 

Abilene 3,194 



500 HISTORY OF TEXAS. 

Pop. 1890. Pop. 1880. Increase. 

Orange 3,173 

Waxahachie 3,076 1,354 1,722 

Jefferson 3,072 3,260 Deer. 188 

Victoria 3,046 

Sulphur Springs 3,038 1,854 1,184 

Belton 3,000 1,797 1,203 

The suburban population of Dallas, including Oak Cliff, 
North and South Dallas, increased her population about 4,000, 
or a total of 42,000. The census of 1890 showed that only 
sixteen of the two hundred and forty-four counties then 
created had decreased in population. Fifteen were reduced 
by the creation of new counties, from their territory ; while 
Calhoun lost, by storms, in the destruction of Indianola, 
Saluria, and other settlements. The blanks in the table as to 
1880 apply to towns not then incorporated, or which have 
been established since that date. The rapid increase at El 
Paso was caused by several populations concentrating into one, 
and railroad development. Several towns since 1890 have 
grown into importance. The more important of which are 
Velasco, at the mouth of the Brazos, and two or three on 
Aransas and Corpus Christi bays, the result of harbor im- 
provements now in progress. Besides, a number of promising 
towns have arisen in the pan-handle, on or accessible to 
railroads in that country. The growth of other towns in 
different portions of the State since 1890 has been rapid, and 
it is an encouraging fact that wherever new communities have 
thus been established, churches and schools abound. 

RAILROAD PROGRESS. 

In 1861, the railways of Texas consisted of the H. & T. C. 
road, from Houston to Millicam, about seventy-five miles, with 
a branch from Hempstead to Brenham twenty-one miles ; a 
main line from Galveston to Houston fifty-one miles; anew 
and incomplete road from Houston to Orange on the Sabine, 



HISTORY OF TEXAS. 501 

ninety-eight miles; the Galveston, Harrisburg and San 
Antonio road, from Harrisburg and Houston, to near Colum- 
bus on the Colorado about eighty miles; and the road from 
Lavaca to Victoria twenty-eight miles, — total, three hundred 
and sixty-one miles. A few other roads had been commenced 
and some work done, but they were of no utility at that time, 
and thus the railroad enterprises stood until about 1867, when 
some extensions were inaugurated, under which the Central 
Railroad reached Red River in 1873. Its branch, from Bren- 
ham to Austin, was completed in 1871. From about 1871, 
railway enterprises received a new impetus in the State, and 
continued unabated until 1890, since which time owing to 
the financial crisis in the country, there has been a temporary 
cessation of actual labors in that direction. The mileage has 
increased since 1867 from 361 miles to 8,793 miles. There 
are trunk lines extending from the northeast corner of the 
State, where connections are made with other lines, west to 
El Paso, about 800 miles; up through the Pan Handle to 
Denver; southwest by different lines to Tyler, Palestine, and 
Houston to Galveston, and across from Palestine via Hearne, 
Taylor, Austin and San Antonio, to Laredo on the Rio Grande, 
and connection from Galveston and Houston, to Austin by one 
line, and by Columbus, Seguin and San Antonio to El Paso, 
700 or 800 miles. The San Antonio and Aransas Pass Rail- 
road, with initial points at Corpus Christi, Aransas Pass, 
Rockport and Fulton, unites in one track at Gregory, and ex- 
tends thence to Kennedy near the San Antonio River, from 
which one branch extends by San Antonio to Kerrville^on the 
upper Guadalupe. Another branch at Yoakum, in Lavaca 
County, is again divided, one track passing by Gonzales, 
towards Austin, another branch extends to Houston, and 
another passes by Bastrop, to Cameron and Waco ; the 
Missouri, Kansas and Texas constitutes another system, and 
has connections from Austin through Cleburne, Dallas and 
Fort Worth, with lines coming from the Indian Territory and 



502 HISTORY OF TEXAS. 

the north. The Gulf, Colorado and Santa Fe Railroad, hav- 
ing Galveston for its initial point, crosses the Brazos at Rich- 
mond and then passes Brenham and Cameron, to Temple, in 
Bell County, from which place a branch is in operation via Bel- 
ton, Lampasas, Brownwood, Coleman, and Ballinger to San 
Angelo. The main line from Temple north, passing through 
McGregor, Meridian, and other towns, divides at Cleburne, 
one branch running to Weatherfbrd. A main line, passing 
Fort Worth, Denton and Gainesville, forms connections with 
other roads in the Indian Territory. Another main line from 
Cleburne passes through Alvarado, Midlothian, Dallas, Gar- 
land, Farmersville, Wolfe City, to Honey Grove and Paris, 
and in the Indian Territory, the Paris line connects with 
the routes coming from St. Louis, as in fact all the roads 
crossing Red River from Texas connect with main lines 
north of Red River. The Missouri Pacific from Waco, passes 
through Hillsboro, Waxahachie, to Dallas, and thence, via 
Garland, Rockwall, Greenville, and other important towns, 
to a connection with main lines at Denison on Red River. 
It also connects at Tyler with the International and Great 
Northern road. The Cotton Belt, starting from Mem- 
phis and Little Rock, passes through Texarkana, Marshall, 
Longview, Tyler, Corsicana, and Waco to Gatesville. It also 
has branch connections with Dallas, Fort Worth, Farmers- 
ville, Greenville, and Jefferson. It is impracticable in this 
work to give such statistics on this subject as would 
be of permanent value, for the reason that new enterprises 
and developments, springing from increased population and 
capital, bring about changes so rapidly as to make any exhibit 
of but temporary reliability. Aside from this it is a fact that 
information of this character, modified to suit present condi- 
tions and enterprises, is being constantly published in pam- 
phlet form by railroad companies, real estate dealers, project- 
ors of new towns, and others interested in the development of 
the country; but, before leaving the subject, it should be re- 






HISTORY OF TEXAS. 503 

membered that the wonderful development of Texas in these 
later years, especially in the western half of the State, would 
have been impossible but for the construction of railways, 
placing Texas on the half-way ground, through vast railroad 
enterprises, between the city of Mexico and the great cities 
of the north and west, between New Orleans and the cities of 
the Mississippi valley, as Chicago and St. Louis, and the 
cities of California, between the gulf ports of Texas and the 
new States west of the Mississippi and the cities of the Rocky 
Mountains. 

THE HARBORS OF TEXAS. 

Texas has a magnificent front on the Gulf of Mexico, 
about four hundred miles on a straight line from the mouth 
of the Rio Grande to the Sabine Pass. The drawback, 
though not seriously felt, until the commerce of the State 
assumed grand proportions, has been the absence of inlets to 
her harbors of sufficient depth to admit the larger class of 
merchant vessels. The only necessity has been to deepen the 
entrances to these harbors by a system of jetties (as has been 
successfully done at the mouth of the Mississippi), so as to 
admit large vessels. Galveston, for fifty years the chief port 
of the State, and controlling its chief commerce, while having 
a deeper entrance than any harbor on the coast, has been 
retarded in her progress from the causes named; but now, 
after years of inefficient action, under liberal appropriations 
by the general government, a system of jetty improvements 
is in hopeful progress, which, it is claimed by eminent 
engineers, will accomplish the desired results. Under govern- 
ment aid also, improvements on a much smaller scale are 
being made at Sabine Pass. At Velasco at the mouth of the 
Brazos River private enterprise and capital have already 
accomplished great results. The work is practically com- 
pleted and it is demonstrated that vessels drawing eighteen 
feet can enter that fine harbor, having a depth of water that 



504 HISTORY OF TEXAS. 

can float the largest vessels, and it is claimed that a greater 
depth will yet be secured by the scouring process of the 
waters. 

The only other harbor of great importance in Texas, that 
of Aransas Pass, the entrance to that bay, is also the entrance 
into Corpus Christi Bay. Inefficient work, owing to small 
appropriatiens by the government, has been tried there for a 
number of years, but it is now believed, that by plans and 
arrangements inaugurated within the last year or two, the 
object will be accomplished of opening to large vessels another 
fine harbor on the coast. Private enterprise is also construct- 
ing a canal from deep water in Corpus Christi Bay through 
Mustang Island into deep water on the gulf. It is an experi- 
ment, however, and its permanent utility must await the test 
of experience. The geographical position of Aransas Bay 
is guch that with deep water its chief sea-port, wherever that 
may be, would command an immense trade from southwest 
Texas and all of northern Mexico, excepting such as may be 
tributary to Tarapico, destined with her harbor improvements, 
now about completed, to possess a port unsurpassed on the 
southern Atlantic or Gulf Coast. A country possessing 
abundant good harbors has inestimable advantages over any 
seaboard State without them, as shown by the positions of 
North Carolina and New Jersey. 

HOMESTEAD EXEMPTION. 

The first exemption law of Texas was passed in 1839 ; but 
on the organization of the State government, in February, 
1846, the homestead exemption from execution for debt was 
embodied in the constitution, and so remains, the only change 
being in the value of improvements on town lots. As the 
constitution now stands, the homestead of a family, not in a 
town or city, to the extent of two hundred acres in one or 
more parcels, with all the improvements thereon, without 



HISTORY OF TEXAS. 505 

reference to their value, is exempted from forced sale, for 
any debt except for the purchase money, or for materials fur- 
nished for the improvements thereon, nor can the owner, with 
or without the consent of his wife, incumber it with a deed 
of trust or other pledge — his only power being to sell with 
her consent. Under the same guarantees and restrictions the 
homestead in a town or city may consist of a lot or lots, not 
exceeding $5,000 in value at the time of their designation as a 
homestead, together with all improvements, without reference 
to their value, provided the same is used as a home, or as a 
place for conducting the owner's calling or business. Whether 
in town or country the exemption from forced sale includes 
all household and kitchen furniture, all implements of hus- 
bandry, apparatus of a trade or profession, a family library, 
portraits and pictures, five milch cows, two yokes of oxen 
with the necessary yokes and chains, two horses and one 
wagon, a carriage or buggy, one gun, twenty hogs, twenty 
sheep, all saddles, bridles, or harness for the use of the family, 
and provisions on hand for home consumption. To each single 
person, the exemption includes all wearing apparel, tools, 
apparatus and books of a trade or profession, one horse, sad- 
dle and bridle, and all current wages for personal service. 



CHAPTEK XL VIII. 
EDUCATION IN TEXAS. 

The schools which the Mexican government was pledged to 
furnish the colonists were parochial and little appreciated. 
Neighborhood schools taught by the well educated among the 
colonists were well sustained wherever practicable and many 
sent their children to the United States to be educated. In 
1832, Mr. J. W. Cloud established a seminary at Brazoria. 
In January, 1834, Miss Trask (of Boston) opened a boarding 
school for young ladies at Cole's Settlement west of the Brazos. 
In 1835, Prof. J. A. Prest taught the English, French and 
Italian languages in Brazoria. In 1836, Dr. J. W. P. Mc- 
Kenzie established a boys' school in Eed Kiver County, which 
from a beginning of sixteen pupils, had, in I860, increased to 
four hundred and five. In 1875, by act of the legislature, it 
became a part of the present University of Georgetown, 
Williamson County. The same year (1836) a boarding school 
for young ladies was opened at Montville by Mrs. Ayers and 
Miss McHenry, and one for boys at the mouth of the San 
Bernard, by Lieut. R. W. P. Carter, tl a school English, 
mathematical, scientific and classical." In 1838, Reverend 
Caleb S. Ives, an Episcopalian clergyman, in addition to his 
ministerial labors, established a female seminary at Mata- 
gorda. 

In the first conventional assembly of the colonists in 1832, 
at San Felipe, in preparing their first memorial to the Mexi- 
can government, on subjects deeply affecting their liberties, 
the memorialists included a request for lands to be granted to 
provide for the establishment of primary schools. In 1836, 
(506) 






HISTORY OF TEXAS. 507 

in declaring the causes which impelled the people of Texas to 
declare their independence from Mexico, was a complaint that 
the pledges of that government to sustain a system of pri- 
mary schools or provide by grant of land for a permanent 
fund for that purpose, had not been fulfilled. The subject of 
a general system of education received the earnest attention 
of the first congress of the Republic. By the first State con- 
stitution after annexation one-tenth of the annual revenue 
was appropriated to the use of free schools as also an ad 
valorem tax, an annual poll tax, one-fourth of the occupation 
taxes, and a special tax on property holders for school 
buildings. 

Under the law of January 14, 1839, providing for the loca- 
tion of the seat of government, it was required that the commis- 
sioners laying out the capital should " set apart a sufficient 
number of the most eligible lots for a capitol, arsenal, maga- 
zine, university, academy, churches, common schools and 
penitentiary." 

Under this plan the State University now stands on a 
beautiful mound near the center of the city of Austin and 
commanding a view of a beautiful scope of adjacent country. 
An act of January 26, 1839, provided that the President of 
the Republic (Mirabeau B. Lamar) should have surveyed 
from the vacant public lands and set apart for the purpose of 
university education fifty leagues (221,400 acres). These 
lands were surveyed in the counties of Cooke, Fannin, Gray- 
son, Hunt, Collin, McLennan and, at a later day, a part in 
Shackle ford and Callahan. 

Under an act of February 11th, 1858, $195,000 worth of 
these lands were sold by John Henry Brown, commissioner 
of the State, at public auction, and on long time, for interest 
bearing notes, in the counties of McLennan, Hunt, Fannin, 
Grayson and Cooke. 

The constitution of 1876 required, as soon as practicable, 
the establishment, and maintenance of a State University to be 



508 HISTORY OF TEXAS. 

located by a vote of the people. It also added to the univer- 
sity land fund 1,000,000 acres and the legislature following 
added 1,000,000 from the public domain, and provided that 
all the lands then and theretofore set apart, and all bonds or 
money already devoted to that object, and the proceeds of all 
future sales, should constitute the permanent University fund, 
to be invested in interest-bearing bonds of the United States, 
State of Texas, or of the counties thereof, the interest from 
all which, as well as the interest upon the land notes executed 
by purchasers of the university lands bearing five per cent, 
interest and running forty years, should constitute the annual, 
available university fund. 

The constitution of 1876 also provided that the State Agri- 
cultural and Mechanical College of Texas (partly based upon 
a uniform land grant by the United States to all the States), 
organized under an act of April 17, 1871, and located near 
Bryan (College Station on the H. and T. C. Railroad), in 
Brazos County, should constitute a branch of the State Uni- 
versity. It also provided for the establishment of a medical 
branch of the State University which, on the 6th of Septem- 
ber, 1881, was located by vote of the people at Galveston. 
At the same election Austin was chosen as the site for the 
main University. These three institutions have been in 
successful operation since their first inauguration and have 
steadily gained in public favor. Dr. Ashbel Smith was first 
president of the Board of Regents for the State University. 1 

Of the normal schools of the State ( The Sam Houston, at 
Huntsville, for the training of white teachers, male and female, 

1 The United States government in 1861 donated to each State and terri- 
tory 30,000 acres of public land for each representative they respectively 
had in Congress, for the establishment of agricultural colleges. Under this 
allotment Texas obtained 180,000 acres. This land was sold under Gov. 
Davis for 87 1-2 cents per acre, and Texas borrowed the money from the 
college fund, giving frontier defense bonds drawing 7 per cent gold interest 
annually. The State pays in interest annually on this loan the sum of $14,- 
280 to the Agricultural and Mechanical College. 



HISTORY OF TEXAS. 509 

and that at Prairie View, in Waller County, for the training 
of colored teachers of both sexes) an account has already 
been given. 

The Ball High School at Galveston is a superior institution 
of the kind, splendidly endowed by Mr. George Ball, an early 
citizen of that city, whose memory is endeared to the people 
of the island city. 

STATE PUBLIC SCHOOLS. 

In January, 1839, with a supplementary act in 1841, there 
was set apart from the public domain, to each county then 
existing or thereafter to be created, four leagues (17,712 
acres) of land, to be surveyed at the expense of the county. 
Under subsequent legislation, the proceeds from the sale of 
these lands, constitute a permanent auxiliary fund, the in- 
terest derived from which, as in the case of the State allow- 
ance, to be available for the annual support of schools in each 
respective county. 

Under various laws enacted subsequent to the year 1850, 
the alternate sections of all lands granted to railroads, to the 
improvement of rivers and similar objects, were set apart as a 
public, free school fund. As sold, as in the cases before 
stated, the proceeds, whether in cash or based on interest-bear- 
ing notes, are invested in interest-bearing securities, as of the 
permanent fund, and the interest set apart for the annual 
support of the schools. 

In addition to this, the State appropriated as part of the 
permanent fund, $2,500,000 of the bonds received from the 
United States. 

By the report of the State superintendent of education, 
August 29, 1890, the total amount of the permanent State 
fund in county, State and railroad bonds, land notes and cash 
in the treasury, was $19,600,000 and there remained unsold, 
according to the best data, nearly 40,000,000 acres of common 



510 HISTORY OF TEXAS. 

school lands, the amount constantly fluctuating, as sales are 
made, or forfeitures occur. It is a moderate estimate that, 
within a few years, the school fund will reach $100,000,000. 
The annual available fund is interest on the bonds, interest 
on notes for land sold, rents for leased lands, State tax 
set apart for that purpose, and a one dollar poll tax, on each 
male person between twenty-one and sixty, equally divided 
between white and colored children, according to scholastic 
population of each. 

All the larger and many of the smaller towns have exclusive 
control of the common schools within^ their limits, and levy 
special taxes for the erection of school buildings, as any 
country district can do by vote of the people; under which 
plan the number of school houses in the State has been rapidly 
increasing. In most of the larger towns large and costly 
buildings of brick or stone have been erected, including one 
especially set apart for high school purposes. 

DENOMINATIONAL INSTITUTIONS OF LEARNING. 

As the different religious denominations increased in num- 
bers and wealth they established institutions of learning. 
Four years after the revolution of 1836, they developed a deep 
interest in the subject of a higher education for the youth of 
both sexes. From that period until 1865 numerous institu- 
tions were founded and flourished until, by the disasters of 
the war between the States, their number was diminished 
and their growth greatly crippled. Others since that time 
have been consolidated with other institutions: In 1840 Mc- 
Kinzie Institute, near Clarksville, excellent seminaries in Mar- 
shall, San Augustine, Nacogdoches, Galveston, Matagorda 
and a few other towns, were in successful operation, generally 
under the control of some religious denomination. 

In 1841, the Baptists established Baylor University, at 
Independence, in Washington County. Its president, from 



HISTORY OF N TEXAS. 511 

1852 to 1860, was Rev. Rufus C. Burleson, who had succeeded 
Rev. H. L. Graves, its first president. 

In the latter year, Dr. Burleson founded Waco University, 
and in 1885 the two institutions were incorporated into one 
at Waco, and received the name of Baylor University, in 
honor of the Hon. Robert E. B. Baylor, a Baptist clergyman 
and, for more than twenty years, a district judge. At the 
same time a female college as a branch of the University 
known as "Baylor College " was located at Belton. Both 
institutions have continued to grow, drawing their pupils 
from all parts of the State, and not a few from other States. 1 

The Baptists also have at Brownwood an institution known 
as Howard Payne College, and at Decatur in Wise County, 
the North Texas Baptist College for both sexes. 

The Episcopal Church has at Dallas, St. Mary's Institute, 
a female school of high order, a beautiful stone edifice with 
ample grounds beautifully located. Its inauguration in 1889 
was due to the untiring zeal of Rt. Reverend Bishop Alex- 
ander C. Garrett of the diocese of North Texas. They have 
also Montgomery Institute at Seguin, and St. Mary's Insti- 
tute at San Antonio. 

The Cumberland Presbyterian Church has at Tehucano in 
Limestone County, Trinity University, an institution repre- 
senting that denomination for the whole State — the result of 
uniting into one in 1875 several institutions previously exist- 
ing elsewhere. 

They also have Buffalo Gap College at Buffalo Gap, in Tay- 
lor County ; a Texas Female Seminary at Weatherford, 
Parker County, Yeal's Station College at Veal's Station, in 
Parker County, and Quanah Female College at Quanah, in 
Hardeman County. 

The Presbyterian Church has Austin College at Sherman 

1 Dr. Burleson, having served as president of the parent institution for 
forty years, is yet president, and is still devoted to his life work in the edu- 
cation of the youth of Texas, male and female. 



512 HISTORY OF TEXAS. 

(originally at Huntsville), with a theological department 
attached; a theological institute at Austin under the presi- 
dency of Eevs. K. K. Smoot and Dabney ; a female synodical 
college at Gainesville (recently established), Stuart Female 
College at Austin, and a Presbyterian female college at 
Round Rock. 

Daniel Baker College at Brownwood is a Presbyterian Insti- 
tution of high order, under charge of the southern branch of 
that church. 

The Christian Church or Disciples of Christ has Add Ran 
College at Thorp's Springs, three miles from Granbury in 
Hood County, founded in 1873 by Rev. Joseph Addison Clark 
and his sons Addison and Randolph Clark, all ministers of that 
denomination. It has, perhaps, the largest number of pupils 
of any institution of learning in the State. President Clark 
has been a citizen of Texas since 1839 — his children are all 
natives of the State. 

The same church has Carleton College for both sexes at 
Bonham, founded about 1870, by Rev. Charles Carleton, 
which enjoys a large patronage. 

The Roman Catholic Church in addition to parochial schools 
has St. Mary's University at Galveston, St. Joseph's College 
at Victoria, St. Mary's Academy at Austin, St. Mary's Col- 
lege at San Antonio, St. Joseph's College at Brownsville, and 
convents, academies or seminaries, in Dallas, Clarksville, 
Corsicana, Denison,Fort Worth, Jefferson, Marshall, Sherman, 
Texarkana, Muenster, Galveston, Houston, Austin, Palestine, 
Temple, Waco, Castroville, Frielburg, San Antonio, Cuero, 
Halletsville and orphan asylums at Oak Cliff — a suburb of 
Dallas ; at Galveston and at San Antonio. 

M. E. Church (South). — The conferences of the Methodist 
Episcopal Church (South) have institutions of learning of high 
grade. Among the number, the Southwestern University, 
with a ladies " annex," at Georgetown, into which were 
merged several institutions previously existing, October 1st, 



HISTORY OF TEXAS. 513 

1873, under the presidency of Rev. F. A. Mood, D. D., the 
annex being added five years later. During Dr. Mood's 
presidency of eleven years, which terminated in his death in 
1884, the institution had increased from thirty-three students, 
to one hundred and twenty-seven young ladies and two hun- 
dred and eighteen young gentlemen, or a total of three 
hundred and forty-five. Rev. John H. McLean — a native of 
Texas, has for several years been president of the institution, 
and its patronage has greatly increased. They have also — 
North Texas Female College, at Sherman ; Polytechnic Col- 
lege, male and female, at Fort Worth; Weatherford Female 
College, at Weatherford; Waco Female College, at Waco; 
Central College, male and female, at Sulphur Springs ; Honey 
Grove High School, male and female, at Honey Grove; Lam- 
passas Female College, at Lampassas, and Chappell Hill 
Female College, at Chappell Hill, Washington County. 

At Belle Plain in Callahan County is a co-educational col- 
lege chartered in 1883 by the Methodist Episcopal Church, 
South, but in October, 1891, it was purchased by Judge L. 
M. Onin. Mechanical auxiliaries were added, and it is an in- 
stitution of great promise, already attracting patronage from 
other States. This denomination has also Alexander Institute, 
male and female, at Kilgore, Gregg County, Coronal Insti- 
tute, male and female, at San Marcos, and Vernon College 
(new), male and female, at Vernon, in Wilbarger County. 

The Methodist Episcopal Church (North), have the Fort 
Worth University at Fort Worth, and the Wiley College for 
colored males and females, at Marshall; and, it is believed, 
several other denominational institutions. 

A Normal College has been established at Denton, by Prof. 
Chilton, and a southwestern normal college at Italy in Ellis 
County. Weatherford has the Cumberland Female College. 

There are in all the densely populated portions of the 
State numberless well established academies taught by well 
trained educators; business colleges, and select or private 

33 



514 HISTORY OF TEXAS. 

schools of good reputation by private endowment, besides an- 
nual normal schools, composed of teachers, one for each of the 
thirty-one senatorial districts, in the State. Texas is allowed 
nine scholarships in the Peabody Normal College, Nashville, 
Tennessee. 

In addition, Nacogdoches College, male and female, enjoys 
a patronage of three hundred and twenty students ; Columbia 
College at Van Alstyne, Grayson County, is in a prosperous 
condition and Belton has a male academy of high order. In 
every considerable town there are special German schools in 
which both the German and English languages are taught. 

A female college of high order is to open at Oak Cliff, a 
suburb of Dallas, in September, 1892. 

ORPHANS' HOMES. 

On the T. & P. Railroad, five miles east of Dallas, is the 
Buckner Orphans' Home, founded by Reverend Robert C. 
Buckner, D. D., of the Baptist Church, in successful operation 
since 1884, having under its care (1892) two hundred and 
twenty-five orphan boys and girls, who are not only being 
taught in its school, but also all useful occupations includ- 
ing the cultivation of the farm by the boys. It is sustained 
by voluntary contributions without distinction of creed or 
nationality, from all parts of the State. 

Boyland Orphans' Home, at Boyland, Galveston County, 
has been in successful operation many years and has done 
noble work in that branch of beneficence. 



CHAPTEE XLIX. 

CHURCHES IN TEXAS. 

When American settlements began in Texas in 1822, as a 
province of Mexico, which was under Spanish rule from 1521 
to 1821, the Roman Catholic religion was the established re- 
ligion of the Government, and so remained until the forma- 
tion of the Government of the Republic of Texas, in 1836. 
Marriage, to be lawful, had to be solemnized by a priest of 
that church, who, with one or two periodic exceptions, could 
only be found in San Antonio, Goliad and Nacogdoches. All 
foreign settlers, in a legal point of view, were regarded as 
Roman Catholics. Yet, as a fact, those who came as Protest- 
ants, at least nominally, remained as such. While denying 
them the right of erecting and organizing churches, the Mex- 
ican authorities were lenient to the extent of allowing occas- 
ional Protestant worship in private houses, and this was done 
during the visits of Protestant ministers from the United 
States. The Rev. Henry Stevenson of the Methodist church, 
made a tour of the country as far west as the Brazos in 1824 
and preached several sermons in private houses, as he had 
done in eastern Texas in 1822. In 1828 the Rev. Sumner 
Bacon of the Cumberland Presbyterian church, preached a 
number of sermons in the country. In 1829 Rev. Thomas J. 
Pilgrim of the Baptist church, conducted a Sabbath school 
at San Felipe. A similar school the same year was estab- 
lished at Matagorda, and, a few months later, on "Old 
Caney," both by members of the Baptist church. In 1833 a 
camp meeting was held ten miles east of San Augustine, at 
which Rev. James Stevenson, Enoch Talley (of Mississippi) 

(515) 



516 HISTORY OF TEXAS. 

and Sumner Bacon were the preachers, the two first named 
being Methodists. Mr. Bacon continued preaching in isolated 
places until 1832, when he became bible agent and distributed 
bibles both in eastern and western Texas. In 1833 Rev. Milton 
Estill organized a Cumberland Presbyterian church in what is 
now Red River County, then supposed to be in Arkansas. 

PROTESTANT EPISCOPAL CHURCH. 

After the revolution, when religious liberty was fully estab- 
lished, the different Protestant churches began organizing 
throughout the settled portions of the country. In 1838, 
Rev. Caleb S. Ives, of the Protestant Episcopal Church, 
arrived as a missionary at Matagorda. He organized a church 
and founded a flourishing school for young ladies, which he 
conducted until 1849, when death ended his arduous labors. 
In the same year, the Rev. R. M. Chapman organized a 
church in Houston. In 1840 he was succeeded by Rev. 
Henry B. Goodwin. In the same year Rev. Leonidas Polk, 
then a missionary bishop, made a tour of observation through 
central Texas. As the result of his visit, in 1841, Rev. Ben- 
jamin Eaton was sent as a missionary, preaching alter- 
nately at Galveston and Houston. In 1842, a church hav- 
ing been erected in Galveston, he became its rector, and so 
remained until 1871, when, in his pulpit reading a hymn 
(" Nearer my God to Thee ") he dropped suddenly and in a 
few moments breathed his last. 

In 1843 Rev. Charles Gillette became rector of the church 
in Houston. In 1844, Rev. George W. Freeman, Missionary 
Bishop of Arkansas, was given supervision over the Episcopal 
churches in Texas and annually visited them until the conse- 
cration of Bishop Alexander Gregg in 1859, (Texas, in 1849, 
however, having been created a separate diocese). The 
progress of the church since, as that of other denominations, 
has been marked by a healthy growth, there being three 






HISTORY OF TEXAS. 517 

dioceses, under the supervision of Bishops Gregg of Austin, 
Elliott of San Antonio and Garrett of Dallas. 



PRESBYTERIAN CHURCH, O. S. 

Rev. Hugh Wilson, said to have been the first minister of 
his church in Texas, in 1838 organized a church in San 
Augustine, and, in 1839, another at Independence. In 1840 
Rev. Daniel Baker arrived in Galveston as a missionary to 
Texas and found Rev. John McCullough laboring in that field, 
where he remained a number of years and founded a seminary 
for young ladies. Mr. McCullough was pastor of the first 
church organized in Galveston. In Houston Dr. Baker found 
Rev. Wm. Y. Allen officiating as a minister. On the 3d of 
April, 1840, Dr. Baker was present at the organization of the 
first presbytery in Texas, at Independence. It was composed 
of the Reverends Hugh Wilson of the presbytery of south 
Alabama ; John McCullough of Newton presbytery, New 
Jersey, Wm. G. Allen of the presbytery of West Tennessee, 
and Mr. John McFarland, an elder of Independence, Dr. 
Baker sitting as a corresponding member. Soon after this, 
Reverends Wm. C. Blair, P. H. Fullenwider, Isaac J. Hen- 
derson and Francis Rutherford united with that presbytery. 
In 1851 the first synod met in Austin. Since then the growth 
of this church has been encouraging, extending with the 
population and blessed with an able ministry. 

THE BAPTIST CHURCH. 

In 1826, it is recorded, Rev. Joseph Bags preached west of 
the Brazos on Peach creek, and the following year at San 
Augustine, when his services were finally suspended by order 
of the Mexican authorities. The next Baptist preaching, 
west of the Brazos, was at the house of Moses Shipman in 1829, 
by Rev. Thomas Hanks of Tennessee. Among the early 



518 HISTORY OF TEXAS. 

ministers of this church were Elders George Woodruff and 
Skelton Allpine, who arrived in 1830-31 and began preaching. 
The first Baptist Church in Texas was organized in 1833, and 
the churches of this denomination, with its several branches, 
have kept in the lead, with the tide of emigration, both in 
point of numbers and usefulness. 

METHODIST EPISCOPAL CHURCH. 

In addition to what has been said, in 1834, Eev. Henry Ste- 
venson, assisted by Revs. J. P. Sneed, Whatley English and 
Sumner Bacon (of the C. P. Church), conducted a second 
camp meeting on the same ground as the first, ten miles east 
of San Augustine. A whisky shanty was set up in the im- 
mediate vicinity, but the congregation, two hundred in num- 
ber, with entire unanimity, drove the owner with his supplies 
from the grounds. In September of the same year, a camp 
meeting was held on Caney Creek in Austin County by Revs. 
Henry Stevenson and J. W. Kinney, assisted by Rev. Henry 
Fullenwider (Presbyterian) and others. Another was held in 
1835 at the same place, and a quarterly conference organized, 
of which Dr. Wm. P. Smith was made secretary. 

In 1837, Reverends Littleton Fowler, Robert Alexander 
and Martin Ruter, arrived as missionaries in the country. 
Mr. Alexander conducted a camp-meeting in the Redlands, 
and was assisted by the local preachers, English, Wm. C. 
Crawford (a signer of the Texas Declaration of Independ- 
ence, being the last survivor, and in 1892, still residing in 
Johnson County), Johnson and Henry Stevenson, Jr. In the 
same year Mr. Alexander (October 19th, 1837,) held a camp- 
meeting in Washington County, assisted by Reverends J. W. 
Kinney and A. Roark and Andrew J. McGowen (Cumberland 
Presbyterians). He was soon joined by Mr. Fowler. On 
the 17th of January, 1838, the corner-stone of the first 
Protestant church in Texas was laid in San Augustine, Mr. 



HISTORY OF TEXAS. 519 

Fowler officiating and Gen. Thomas J. Rusk delivering an 
eloquent address. Mr. Fowler continued a zealous laborer in 
the work until his death on the 29th of January, 1846. Mr. 
Alexander, after preaching through middle Texas, went on 
horseback to attend conference at Natchez, Mississippi. At 
Gaines' Ferry on the Sabine he met Dr. Ruter, superintend- 
ent of the Texas mission, for the first time entering the 
Republic. The Doctor survived but a short time, having visited 
the towns and settlements as far as the Colorado. He died in 
Washington on the Brazos, and was buried on a lot which he 
had purchased for a Methodist church site. The church was 
soon afterwards erected. On it was bestowed his name. 

Soon after these events, Rev. Daniel Carl, a Tennesseean, 
arrived in eastern Texas, and for many subsequent years 
labored as a faithful minister of his church, until 1842, in east 
Texas, and then, until his death about 1860, in southwest 
Texas. He fought in several Indian and Mexican battles and 
died at his residence in Victoria County. 

On the 25th of December, 1839, the first annual conference 
for Texas was organized at Rutersville, the seat of the newly 
founded Rutersville College, in Fayette County. Bishop 
Waugh, of Baltimore, presided. In 1844 this conference was 
divided and another established in east Texas. From that 
time and especially after annexation the growth of the Metho- 
dist Episcopal Church, South, (the church in the United States 
having been divided in 1844), has been continuous and rapid 
and, as shown elsewhere, its educational institutions have kept 
pace with the increase of population and wealth. 

The parent, or northern branch of the Methodist Episcopal 
Church, entered Texas as an organized body after the close of 
the civil war, and has churches in various parts of the State. 
It is proper to say that in a large sense a feeling of fraternity 
exists between these two branches of the church. 



520 HISTORY OF TEXAS. 



THE ROMAN CATHOLIC CHURCH. 

The condition of this church up to the foundation of the 
Republic in 1836 has already been given. In 1838 Rev. 
Father Timon from the institution called the Barrens in Perry 
County, Mo., first visited Texas, and again in 1840. He was 
appointed Prefect Apostolic and was the first priest to say 
mass in Galveston, Houston and Austin, all new towns, but 
he did not remain long the country. 

In what is now Lavaca County, there was a considerable 
population of American Roman Catholics from Missouri, 
Pennsylvania and Kentucky, without any pastor. In 1839, 
the Revs. Joseph Hayden and Edward A. Clark from Bards- 
town, Kentucky, w T here they were born and educated, arrived 
in southwest Texas ; Father Hayden, an eloquent and zealous 
mau, visited the Catholic settlements in the coast country from 
the San Patricio to the San Jacinto River, and eighteen months 
after arriving suddenly sickened and died on the latter river 
lamented by all who knew him, both Protestants and Catholics. 
A church was built three miles west of Halletsville in 1841 
and of this Father Clark became, and, for a number of years, 
remained pastor, conducting for most of the time a school. 
He was subsequently transferred to a church in Houston where 
he died after about eighteen years service in Texas. 

In 1840 Rev. John Murray Odin, a native of France, but 
later from the Barrens, arrived. He visited all the old mis- 
sions of western Texas, iucluding San Antonio. He visited 
Victoria, Seguin, Gonzales, the Lavaca settlement and other 
points. He was first appointed vicar apostolic. In 1847 he 
was ordained first bishop of Galveston (i. e. 9 of Texas) where 
he labored until 1861, when he was appointed archbishop of 
Louisiana. After several visits to Rome, ill health caused 
him to retire to his native town in France, where he died in 
1870. This bishop did much to correct abuses in the Mexi- 









HISTORY OF TEXAS. 521 

can churches of west Texas, and was held in high esteem 
throughout the country. His successor in Texas was Bishop 
Du Buis. There are now three Bishops viz. : Bishop 
Gallagher of Galveston, Bishop Nerez of San Antonio, and 
Bishop Brennan of Dallas, each presiding over a separate 
Diocese. The growth of the church has been rapid, as is 
abundantly shown elsewhere by the number of their universi- 
ties, colleges, academies and convents. 1 

All these religious denominations have well sustained mis- 
sions in home and foreign fields. 

1 In 1839, on the Trinity River, a Franciscan missionary, Padre Diaz, was 
killed; under what circumstances seems involved in mystery. He was the 
last representative of that ancient class of missionaries in Texas. 



CHAPTEE L. 

EARLY NEWSPAPERS IN TEXAS. 

On this subject but little can be said prior to about 1829. It 
has been asserted that in Long's first expedition into Texas — 
including the formation of an embryo-government at Nacog- 
doches, a small paper was printed there for a few weeks by 
Mr. Horatio Bigelow, but the collapse of that enterprise was 
the death knell of the newspaper. So, in 1826, during the 
Edwards or Fredonian agitation, a paper advocating the 
Fredonian cause was as short-lived as the cause it advocated. 
Mr. G. M. Cotton published a paper at Brazoria in 1828-29. 
From August, 1832, to his death in July, 1833, D. W. Anthony 
published an able paper in Brazoria, called The Constitutional 
Advocate and Texas Public Advertiser. In July, 1834, F. C. 
Gray and A. J. Harris began in Brazoria the publication of 
a paper, called The Texas Republican, which was continued 
until the invasion of Santa Anna in 1836. In 1835-6 a paper 
was published in Nacogdoches, called the Texian Advocate and 
Immigrant's Guide. In July, 1835, the brothers Gail and 
Thomas H. Borden, with Mr. Joseph Baker, began at San 
Felipe the publication of The lelegraph and Texas Register, 
which proved to be a most valuable journal, patriotically 
devoted to the Revolutionary cause, and the first to attain any 
considerable age in the country. On the approach of Santa 
Anna the office was removed to Harrisburg, and there on the 
18th of April, 1836, together with the town of Harrisburg, it 
was burned and destroyed, by order of Santa Anna. In 
August, 1836, the paper was re-established by the same parties 
at Columbia on the Brazos, then the temporary seat of gov- 
(522) 



HISTORY OF TEXAS. 523 

ernment. During the following winter, the establishment 
was sold to Dr. Francis Moore, Jr., and Jacob W. Cruger, 
by whom it was removed to Houston, the newly selected seat 
of government, in the spring of 1837. Dr. Moore remained 
its editor until about 1850. It then passed into other hands. 
In 1855, Mr. E. H. Cushing became its editor and so remained 
until about 1868, when he was succeeded by Wm. G. Webb, 
and he, a few years later, by Wm. F. Gray. The paper 
ceased to exist about 1880, having throughout its existence 
of forty-five years, ranked high in public esteem as an able 
and consistent journal, advocating democratic principles after 
the annexation of Texas to the United States. 

For several years after 1836 the Red-Lander was published 
in San Augustine by Israel Canfield. From about the period 
mentioned the number of papers in the country slowly in- 
creased. The National Banner and The Intelligencer flour- 
ished for a time in Houston and in 1842-3-4 the telegraph 
office in Houston published a daily paper (the first in Texas) 
called the Morning Star. 

In May, 1838, Hamilton Stuart, recently from Georgetown, 
Kentucky, established the Civilian and Galveston Gazette, 
the first permanent newspaper published in that place. He 
remained in its control until about 1875, since which time 
he has been connected with the editorial staff of the Galveston 
News. After an editorial service of fifty-four years in Gal- 
veston, preceded by three years in Kentucky, he is still in 
active service — an honored reminder of the early struggles 
of Texas journalism, a man of talent, integrity and undefiled 
patriotism. 

Between 1837 and 1840, papers were published at Wash- 
ington by J. W. J. Niles, at Kichmond, by Sidney S. Calen- 
dar (now of New Orleans), at Matagorda by Samuel Mussina, 
and W. G. Wallach, and at Nacogdoches, by Senator Isaac 
W. Burton of ." the Horse Marines ," a title won at Copano 
in 1836. 



524 HISTORY OF TEXAS. 



On the removal of the seat of government to Austin late in 
1839, Samuel Whiting established in that place the Austin 
City Gazette, with George K. Teulon, an Englishman, as 
editor. He subsequently died in Hong Kong. The Gazette, 
under various editors, continued until the war between the 
States. About January 1st, 1840, George W. Bonnell estab- 
lished a second paper in Austin, called The Texas /Sentinel, 
having as assistants in his office, Martin C. Wing (afterwards 
one of the seventeen martyrs in Mexico), Joseph A. Clark, the 
founder of Add-Ran College and John Henry Brown, the 
author of this history. Major Bonnell was killed by the 
Mexicans as one of the guard at the battle of Mier, December 
26th, 1842. 

In 1844 Washington D. Miller and Wm. H. Cushney 
founded the first quarto paper in Texas at Washington, on 
the Brazos. When annexation occurred, Col. John S. Ford 
and Michael Cronican purchased this paper — The National 
Register and removed it to Austin, where it was conducted 
for a number of years. Col. Ford's editorial labors, extending 
from 1846 to 1861, were often interrupted by his service in 
the Mexican war, and as a captain of rangers on the Indian 
frontier. At an advanced age, in San Antonio, he still re- 
ceives the homage due to a life adorned by self-denial and 
heroic patriotism. 

The Galveston Hews, long the most prominent paper in 
Texas, was founded in 1842 by Wilbur Cherry and Benjamin 
F. Neal. From 1845 to 1866, Willard Richardson was its 
editor and chief proprietor. In that year Col. A. H. Belo 
became half owner, and, at the death of Mr. Richardson in 
1875, entire owner of the paper, soon afterwards associated 
with him, C. Jenkins and John J. Hand. In 1881 the cor- 
poration of A. H. Belo & Co. was formed. They now con- 
duct both the Galveston News and the Dallas News, 
considered to be the most prominent and widely circulated 
daily and weekly papers in Texas. The Houston Post, San 



HISTORY OF TEXAS. 525 

Antonio Express, Austin Statesman and other papers are 
their co-laborers in the field of daily journalism. 

In May, 1846, The Texian Advocate, the first paper published 
west of the Colorado River, was established in Victoria, by 
John D. Logan and Thomas Sterne, who brought their office 
from Van* Buren, Arkansas, on flat-boats down that river to 
the Mississippi — thence by New Orleans to Lavaca, and 
thence by Mexican carts to Victoria. During the continuance 
of the Mexican war, they were assisted editorially by John 
Henry Brown — they being strangers in the country. The 
paper yet flourishes in Victoria, where there are two or more 
other conspicuous journals. Mr. Logan afterwards published 
The Herald, in San Antonio, where he died about 1875. 
(Mr. Sterne still survives as a successful farmer and stock 
raiser near Victoria.) 

The first paper in San Antonio was The Western Texian, 
founded in 1848-9, by a Mr. West. It was soon followed by 
the Ledger and both existed for several years. Since that 
time the papers published in San Antonio have been too 
numerous to mention, nor is it necessary to mention the large 
number of papers published in different parts of the State, 
whose existence was of short duration, nor attempt a list of 
the numberless papers and periodicals established since the 
war, some short-lived, and a great number yet in existence. 

In 1842 Charles De Morse 1 established and, until his death 



1 Charles De Morse was born in Massachusetts, grew to manhood in 
New York, and came, as a volunteer, to Texas, in the "Morehouse battal- 
ion, " arriving too late to participate in the battle of San Jacinto, though in 
hearing of its guns. He served in both the army and navy, and from 1839 
to 1842 rilled different civil government offices in Austin. He served as col- 
onel in the Confederate army, and also in the constitutional convention of 
1875. He was a man of ability, irreproachable character and always a 
public benefactor. With him came to Texas two youthful twin brothers, 
Charles A. and John J. Ogsbury ; the latter died in 1836; Charles A., from 
1857-8 until his death in Cuero, 1891, was connected with the press; first in 
Indianola and afterwards at Cuero. His paper at each place was known as 



526 HISTOKY OF TEXAS. 

in 1887, successfully conducted the Northern /Standard in 
Clarksville. In 1848 Eobert W. Loughery established and 
until 1868 edited the Texas Republican in Marshall, where, as 
ex-consul to Acapulco, he still resides. In 1849 James W. 
Latimer founded the Dallas Herald, and, with his subsequent 
associate, John W. Swindells, conducted it until his* death in 
1859 ; Mr. Swindells continued it until 1876, when it passed 
into other hands, and in 1885 was merged into another estab- 
lishment. Dallas now has — political, religious, mechanical, 
literary and agricultural — about thirty newspapers. 

The Nueces Valley, said to have been the first paper pub- 
lished in Corpus Christi, was conducted at different times by 
James R. Barnard, Charles C. Bryant and H. A. Maltby. 

About 1849, soon after the Mexican war, the Bandera 
Americano or American Flag, was established at Brownsville 
by Edwin B. Scarborough, from Florida (many years senator 
from that district), and conducted by him until his death, 
in 1860. 

The Bulletin. He was a gallant soldier in different expeditions, an hon- 
orable man, and a fervid patriot. 



CHAPTEE LI. 

CHIEF OFFICERS AND GOVERNORS OF TEXAS 
FROM 1685 TO 1892. 

1. TEMPORARY FRENCH DOMINATION. 

Robert Cavalier, Sieur de La Salle, 1685 ; the Sieur Barbier, 
1687. 

2. SPANISH DOMINATION 

Domingo Teran de los Rios, 1691i(it was Coahuila and Texas 
until 1725) ; D6n Martin de Alarconne, 1718; Marquis of San 
Miguel de Aguayo, 1720; Fernando Perez de Almazan, 1723; 
Melchior de Mediavilla y Arcona, 1725. (Texas alone until 
1824.) Juan Antonio Bustillos y Cevallos, 1731; Manuel de 
Sandoval, 1734 ; Carlos de Franquis, 1736 ; Prudencio de Oribio 
d' Basterra, 1738; Justo Boneo, 1740; Jacinto de Barrios y 
Jaurequi, 1756 ; Antonio de Martos y Navarrete, 1762; Juan 
Maria Baron de Ripperda, 1770; Domingo Cabello, 1778; 
Rafael Pacheco, 1789; Manuel Mufioz, 1790; Juan Bautista 
Elguezabal, 1803; Antonio Cardero, 1806 ; Manuel de Salcedo, 
1810; Juan Bautista Casas (under Revolution of Hidalgo), 
January 22, 1811 ; Spanish Provisional Junta, overthrew Casas 
and re-instated Salcedo, 1811; Salcedo killed by the revolution- 
ist, Gutierrez, 1813; Christoval Dominguez, 1813; Antonio 
Martinez, 1818. 

3. UNDER MEXICAN DOMINATION. 

Felix de Trespalacios, 1822. Texas under the Eastern Cap- 
tain-General until the organization of Coahuila and Texas as 

(527) 



528 HISTORY OF TEXAS. 

one State under the constitution of 1824, Don Luciano Garcia 
(acting governor), under the constitution of 1824, 1823; 
Kafael Gonzales, 1824; Victor Blanco, 1826; Jose Maria 
Viesca, 1828; Jose Maria Letona, 1831; Francisco Vidaurri 
y Villaseiior (acting), 1834. 

(Civil war broke out in Coahuila and Texas. Saltilllo pro- 
nounced and on the 19th of July, 1834, Jose Maria Goribar 
was appointed governor. On the 30th of August, 1834, the 
party of Monclova appointed Juan Jose Elguezabel, governor. 
The matter was referred to Santa Anna, who ordered a new 
election.) Augustin Yiesca, elected under this order, 1835. 

UNDER THE REVOLUTION OF 1835. 

Henry Smith, Governor from November 13, 1835, to 
March 11, 1836; James W. Robinson Lieutenant-Governor. 

UNDER THE REPUBLIC OF TEXAS. 

David G. Burnet, President ad interim from March 17, 
1836, to October 22, 1836 ; Lorenzo de Zavala Vice-President. 

UNDER THE CONSTITUTION. 

1. Sam Houston, President from October 22, 1836,, to 
December 10, 1838; Mirabeau B. Lamar, Vice-President. 
2. Mirabeau B. Lamar, President from December 10, 1838, 
to December, 1841; David G. Burnet, Vice-President. 3. 
Sam Houston, President from December, 1841, to December, 
1844; Edarwd Burleson, Vice-President. 4. Anson Jones, 
President from December, 1844, to February 19, 1846; Ken- 
neth L. Anderson, Vice-President. 

AS A STATE OF THE UNION. 

1. James Pinkney Henderson, Governor from February 
19, 1846, to November, 1847 ; Albert C. Horton, Lieut.-Gov- 



HISTORY OF TEXAS. 529 

ernor (acted as Governor part of the term). 2. George T. 
Wood, Governor from November, 1847, to November, 1849 ; 
John A. Greer, Lieut.-Governor. 3. Peter H. Bell, Gov- 
ernor from November, 1849, to November, 1851; John A. 
Greer, Lieut.-Governor. 4. Peter H. Bell, Governor from 
November, 1851, to November, 1853; James W. Henderson, 
Lieut.-Governor. 5. Elisha M. Pease, Governor from 
November, 1853, to November, 1855; David C. Dickson, 
Lieut.-Governor. 6. Elisha M. Pease, Governor from Novem- 
ber, 1855, to November, 1857 ; Hardin R. Runnels, Lieut.- 
Governor. 7. Hardin R. Runnels, Governor from November, 
1857, to November, 1859 ; Francis R. Lubbock, Lieut.-Gov- 
ernor. 8. Sam Houston, Governor from November, 1859, 
to November, 1861; Edward Clark, Lieut.-Governor, and 
acting Governor, after March 16, 1861, when Governor 
Houston retired from the office. 9. Francis R. Lubbock, 
Governor from November, 1861, to November, 1863 ; John 
M. Crockett, Lieut.-Governor. 10. Pendleton Murrah, Gov- 
ernor, from November, 1863, to May, 1865; Fletcher S. 
Stockdale, Lieut.-Governor. This closed the era of the war 
between the States. 

AFTER THE WAR. 

1. Andrew J. Hamilton, presidential appointee, provisional 
governor from July 25th, 1865 to August, 1866. 2. James 
W. Throckmorton (by election), Governor from August, 1866, 
to August 8th, 1867, removed by military authority and E. 
M. Pease appointed in his stead; George W. Jones, Lieu- 
tenant-Governor, was also removed. 3. Governor Pease 
resigned and General J. J. Reynolds, United States army, 
acted as military governor until February, 1870, when he 
appointed Edmund J. Davis, provisional governor. 4. 
Edmund J. Davis, Governor by election, from April 28, 
1870, to January 14th, 1874. The office of Lieutenant-Gov- 

34 



530 HISTORY OF TEXAS. 

ernor being vacant, Don A. Campbell, Webster Flanagan 
and E. B. Pickett, successively presidents pro tern of the 
senate. 5. Richard Coke, Governor from January 14th, 
1874, to April 18th, 1876; Richard B. Hubbard, Lieutenant- 
Governor. 6. Richard Coke (under the new constitution), 
Governor from April 18, 1876, to December 1st, 1876, when 
he resigned to take his seat in the United States senate, and 
Richard B. Hubbard, the Lieutenant-Governor, served as 
Governor until the expiration of the term in January, 1879. 
7. Oran M. Roberts, Governor from January, 1879, to Janu- 
ary, 1881 ; Joseph D. Sayers, Lieutenant-Governor. 8. Oran 
M. Roberts, Governor from January, 1881, to January, 1883 ; 
Leonidas J. Story, Lieutenant-Governor. 9. John Ireland, 
Governor from January, 1883, to January, 1885; Marion 
Martin, Lieutenant-Governor. John Ireland, Governor 
from January, 1885, to January, 1887 ; Barnett Gibbs, 
Lieutenant-Governor. 10. Lawrence S. Ross (two terms), 
Governor from January, 1887, to January, 1891; Thomas 
B. Wheeler, Lieutenant-Governor. 11. James S. Hogg, 
Governor from January, 1891, to January, 1893; George C. 
Pendleton, Lieutenant-Governor. 

STORMS AND FRESHETS. 

A brief allusion to the storms and freshets that have visited 
Texas since its settlement by the American people is deemed 
appropriate, as a matter of history. The early population 
was confined to the southern part of the province, and the 
effects of floods in the rivers were simply to overflow the 
bottom lands, on which but few people lived. The first flood 
of any considerable magnitude occurred in 1833, when the 
Brazos overflowed its banks and spread to a width of three or 
four miles in the lower country, compelling persons living near 
the river to remove to higher grounds. No lives were lost, 
but many lost horses, cattle and sheep. In September, 1837, 



HISTORY OF TEXAS. 531 

a strong gale prevailed for several days on the coast, raising 
water in the bays to a previously unknown height. Galveston 
was the only place injured. When the wind veered to the 
northwest, the water was driven from the bay across the island 
with such force as to carry with it the board houses and 
shanties which, with one or two exceptions, constituted the 
buildings of the town. A number of schooners were driven 
across the island into the gulf, others were wrecked in the 
harbor and a brig was stranded near the center of the present 
city, to be used for several years afterwards as a prison. The 
place being in the first year of its existence as a town, had no 
strong buildings and but few people. It is believed no lives 
were lost, and the damage was soon repaired. In January, 
1843, the Brazos and other streams in the lower country again 
overflowed, but the loss was confined to horses and cattle win- 
tering in the cane-brakes. Such overflows, to a greater or 
less extent, occurred in 1846 and 1849, and occasionally after- 
wards, but rarely did material damage, except in a few locali- 
ties. Such freshets, nearer the heads of the streams, rarely did 
damage because of the narrowness of the bottoms and the high 
ground bordering there. This was especially true with regard 
to their tributaries. The streams in the mountainous country, 
such as the upper Guadalupe, Perdenales, Llano, San Saba 
and the Upper Colorado, have been subject to sudden and 
rapid rises from floods of rain, but confined within rising 
ground on their margins. Yet many persons, unaware of 
these freaks of nature, in after years settled on the first rising 
ground, and became sufferers in both life and property. 

In 1871, on the Concho, Colonel , of the United 

States army, with his wife and two or three children and an 
escort, in a period of drouth, in passing through the country, 
while visiting the frontier posts, encamped on a branch of the 
Concho. The ambulance containing himself and family was 
halted on a rise of ground not exceeding fifty or sixty yards 
wide, but twenty or more feet above the bed of the stream. 



532 HISTORY OF TEXAS. 

The horses and escort were encamped on higher ground in his 
rear. In the night, without warning, caused by a water spout 
above, in a very few minutes, water rushed down in such a 
torrent as to carry away the ambulance with the mother and 
children, and they were drowned, despite the frantic efforts 
of the Colonel and his escort. 

In August, 1883, at Ben Ficklin and Fort Concho, on the 
Concho, including the overland mail station, where a consid- 
erable community had settled, at daylight on the morning of 
the 24th the inhabitants awoke to find water rapidly rising in 
their houses. On the next day, Mr. Joseph Spence, a young 
gentleman then a resident at Ben Ficklin, in a letter to his 
father at Austin, gave a graphic description of the fearful 
scene. Among other things he said: "The people in Ben 
Ficklin barely escaped to the hills with their lives. By one 
o'clock there were but six or seven houses in the town, besides 
the court house and jail, the last two being the only buildings 
finally left standing in the valley. At Mrs. Metcalf's — 
the old mail station — they were all up early, and most 
of them taken out in an ambulance by Mr. Sterling 
C. Eobertson. 1 Mrs. Metcalf, her daughter Zemmie, Mr. 
Taylor, a Mexican, a negro man, and a white boy about 
18 years old, — six in all, — refused to leave the house. 
They realized their danger when too late. Mr. Robertson, 
after conveying the others to high ground, swam his horse 
back to the house, vainly hoping to remove those left, but 
the water was rising so rapidly and rushing with such velocity, 
that he could not even get back himself; so, abandoning his 
horse and ■ getting a ladder, they all seven climbed to the 

1 Sterling C. Robertson is the eldest son of Colonel E. Sterling C. Rob- 
ertson, who died at Salado, Bell County, the only child of Major Sterling 
C. Robertson, the empresario of Robertson's colony. The heroism dis- 
played by him on this occasion was due no doubt to his ancestral blood, 
drawn from ancestors both in Texas and Tennessee. His grand-uncle, 
General James Robertson, was the founder of Nashville. 



HISTORY OF TEXAS. 533 

top, and there awaited their doom. This was between seven 
and eight o'clock yesterday morning. One by one they saw 
the houses go by, until about one o'clock, when the house 
they wereon gave way. The roof broke in three or four 
pieces and in an instant all were whirled down the maddened 
current, among tree tops, logs, etc. Old Mr. Taylor was 
soon lost. Mr. Kobertson caught on a tree-top, but was soon 
knocked from that by drift, and was swept down near a 
quarter of a mile, when he succeeded in getting into the top 
of a very large pecan tree, where he stayed until seven 
o'clock this morning, having had nothing to eat since Wed- 
nesday night. That portion of the roof bearing Mrs. Metcalf 
and Zemmie passed Mr. Robertson, and he saw them sink 
just below him. The Mexican, negro man and white boy 
sank near the same spot. Two other men who bravely tried 
to get to them on the house-top were also washed down and 
saved themselves by clinging to a tree-top until this morn- 

incr * * * 

44 Mr. Robertson is one of the bravest men I ever saw. He 
swam back to the house against the appeals of his wife. Of 
the seven who were on the roof he is the only survivor. 
Everything in the station is lost ; everything in the valley 
and in Ben Ficklin in lost. * * * Learning where Mr. 
Robertson was supposed to be I hurried to him just as some 
clothes were brought to him from the other side. I rode into 
his then island and brought him out." 

GREAT STORMS AT INDIANOLA. 

On the 15th.of September, 1875, a violent storm began to rage 
along the gulf coast, the wind, as in the gale of 1837, coming 
from the northeast. Before sunset the water in Matagorda Bay 
reached a higher point than ever before known. But, as the 
September equinox, in its annual visitations, was every year 
more or less violent, and no serious harm had resulted, the 



534 HISTORY OF TEXAS. 

people felt no serious alarm. By daylight on the 16th the 
gale had become a hurricane and then a cyclone. The 
waters of the bay, lashed to fury, rushed westward over 
the town, and out into the low prairie, on both the north 
and south sides of the inner water, known as Powder Horn 
Lake. Every effort was made to remove families by boats 
to places of safety in the upper or old part of the town. 
Before night many houses on the water front and in the 
lower places were wrecked, but during the night of the 16th 
the scene became indescribable. Houses on the higher 
grounds, which had become places of refuge, began to totter 
and many to fall. An eye-witness a day or two later, wrote: 
" Many of these buildings contained from fifteen to sixty per- 
sons, whose only hope of life was in the strength of their 
places of refuge. Under this accumulation of horrors, the 
intrepid conduct seen on every hand stood out in bold relief. 
Neck deep in water, the buildings reeling and tottering, de- 
spairing of life, and beyond the reach of human aid, amid the 
howling of the wind and waves, men, women and even children 
calmly awaited an expected doom. Husbands gathered their 
families, or remnants of families, into the safest places possible, 
and then rushed to the assistance of others. Youths, and even 
young girls, with steady nerves, resolutely risked their lives 
to save others from being washed away, and, in some instances, 
met the death they had so unselfishly attempted to avert from 
others. By midnight a large proportion of the loss of life and 
destruction of property took place. The water was filled with 
buildings, in all stages of demolition, being hurried westward 
into the bayou, and on to the low prairie beyond. Clinging 
desperately to portions of the debris, and, with it, being swept 
away, were dozens of persons who had been precipitated into 
the flood by the falling of the houses they occupied. The 
few survivors recount the horrors of their fearful journey and 
tell of heart-rendering scenes of death amid the surging waves 
and rushing wrecks. From the lower part of the town, one 



HISTORY OF TEXAS. 535 

building, containing thirty-one men, women and children, was 
swept into and across Powder Horn Bay. Twenty-one of 
them are among the dead. A number of persons were saved 
by being carried against the wreck of the depot buildings 
which remained where they fell. One young man, while 
clinging here, saw his sister swept by almost within his reach, 
but could render no assistance, and she sank in his sight. 
About midnight the wind changed from northeast to north- 
west. This caused a check in the flow outward, and thrown 
back with terrific force through the town, many houses yet 
standing were carried into the bay by the returning water. 
Others crumbled where they stood, and the wreck floated with 
the out-going tide into Matagorda Bay. Many persons were 
swept into the bay clinging to pieces of the wreck. Win. 
Coffin, his wife and two children, floated in the direction of 
Matagorda Pass. The two children were lost and afterwards 
found, six miles west on the prairie. Mrs. Coffin died of 
exhaustion on the wreck, and Mr. Coffin with her body was 
drifted on the beach, where he watched by her remains until 
the storm was over, where he was found by his twin brother, 
Arthur, the next day in an exhausted condition. The building 
of Mr. Alexander, occupied as a dn^ goods store in which 

were, besides Mr. Alexander, Messrs. Robert Blossman, 

Manserratte, Ed Crosland, Wm. Trayler, Wm. Terry and 
others — was washed towards the bayou but all were saved. 
The waves, after the change in the w T ind, rapidly receded and, 
on the morning of the 17th, the streets were free from water." 
A scene of absolute desolation greeted the eyes of the sur- 
vivors. A flourishing town of two thousand inhabitants 
with its handsome residences and happy homes, its ware- 
houses stored w