f 3^1 A \ LIBRARY OF CONGRESS II II II II 014 543 967 A • 391 C6 opy 1 The Texas Pan-Handle— Texas Politics. SPEECH l^' HON. WILLIAM T. CLARK OF TEXA.S3 DELIVERED # IN THE HOUSE OF REPRESENTATIVES, UARCn 2, 1872. "WASHINGTON: F. & J. RIVES & GEO. A. BAILEY, BEFOBTERS AND PRINTEBS OP TUB DEBATES 09 C0M0RES3. 1872. CL The Texas Pan-Handle— Texas Politics. The IIou«e having met for debate as in Commit- tee of the Whole on the state of the Union- Mr. CLARK, of Texas, said : Mr. Speaker: I now resume the floor, and ask the Clerk to read a joint resolution in- troduced by me at this session, and to which I propose to address some remarks. The Clerk read as follows : Joint recolution providing for the cession by the State of Texas of certain territory of that State to the United States, for Indian reservations and other purpo?es. Retolved by the Senate and IFoime of Reprenentntivea of the United StateD of A)nerica in Conpreis osnem- bled. That the President of the United States be, and is hereby, authorized and directed to submit to the Legislature of the State of Texas an overture for the cession by the State of Texas to the United States of all that territory rightly belonging to the said State lying and being situate north and west of a line drawn from the northwest corner of Hardeman county, on the Red river, to the mouth of the Pecos river, where tho same empties iuto the Rio Grande del Norte. Skc. 2. That the foregoing overture by Congress shall be made upon tho Ibllnwing conditions, to wit: first, that the Legislature of the State of Texas shall give its consent to the cession of said territory for the present purposes of Indian reservations, and also for the formation and erection therein of new States, nnder tho Constitution of the United States, when- ever the Congress may so provide; secondly, that the United Slates shall pay to the said State of Toxa;^!, at the rate of filty cents per acre, for all vacant and unappropriated lands within the said territory, payable in four and one half percent, bonds of the United Slates, having not less than thirty years to run. to be executed and issued when the consent of the Legislature of Texas is duly filed in the nSico of the Secretary of State, together with oerliGed transcripts of the maps and surveys in said territory, showing the amount of vacant and unap- propriatea land therein, ouehalf of tho total amount of said bonds to remain in the United States Treas- ury to secure any ii)d«btedncss already created bv the laws of Texiis, the balance to bo paid into the Slate treasury, and to constitute a part of the pub- lic-school lund as provided in tho constitution of aaidStnte; thirdly, ihat the third paragraph of the secotid section of the joint resolution for ihn annex- ation of the republic of Texas, api>roved March 1, 1843, providing for tho formation of new St:ite8 ot convenient bize, nut exceeding lour in number, be, and the same is hereby, reiicalcd, and tho Slate of Texas placed on an equal footing with llie other States, in regard to the forrauiimi of now States. under the Coasiiiutiuu of the Uuiied Slates. Mr. CLARK, of Texas. Mr. Spenker, the joint resolution introduced in Congress to pro- vide for the cession of certain territory by the State of Texas to the United Slates presents too wide a range of subjects to be compressed into a single speech, and it is difficult to select those points which may afford the strongest arguments for the adoption of the proposition. 1 shall con6ne myself in this discussion, therefore, to three several propositions : first, the effect of the cession of this territory upon the educational inlerests of the State and of the country ; second, the advantage to the Uni- ted States in carrying out the Indian policy, thus far so successful ; and third, the final adjustment of the question of a division of the State, and a settling forever, so far as Texas is concerned, of the old Slate rights doctrine. First, then, the educational interests in- volved. This bill provides that one half the purchase money of the territory proposed to be ceded shall be paid into the treasury of the State of Texas, to constitute a part of the public school fund, in accbidaiice with the provisions of the constitution of that Stale. In a speecii delivered on the 6lh of February, Mr. Heundon, of Texas, my colleague, said : "I will not enter into a discussion of what the soulhern States under Democratic rule have done for education, to refute the charges made against them. This I leave to others, liut for Texas tho Democratic party provided liberally for common schools in every one of her several constitutions. She set apart 85.(X)0,000 for this purpose, and four leagues of land to each county in tho State, amount- ing to nearly three million acres of land yet uusold, and worth at least ten million dollars. Besides this the Radical State administration is wringing from the people nearly three million dollars per annum taxes for school purposes alone, and the school sys- tem there is recognized as a political machine, a nursery for non-resident partisan officials, all of whom, at the cost of their official heads, must advo- cate the party in power. Nor will I iirgue the bene- fits arising from donating lands to stimulate certain industries, the improvement of navigation, and the building up of institutions of learning with special objects lor public good. Nor. again, the authority for, or the wisdom of votinxone hundred and thirty- five million acres of public lands to the several Pacific railroads, and the unprecedented manner in which tills was doue. Nor do I discuss the bouefiC of reserving all thene lands for actual settlement of the native or foreiguer thnt may come to us for a home, or the wiirefer no school at all rather than sub- mit to such degradation under the forms of law." Now, Mr. Speaker, I propose to show, by a vivid contrast between the legislation of Democracy during the past thirty ypars in the State of Texas and the acts of the Republican party since it catue info power there, how utterly unreliable are the statements of ray colleague regarding the educational interests of my State. An examination of the history of the legislation of Texas upon the suliject of education will show to what extent the Democratic parly has provided for common schools in every one of her several constitu- tions, and the history of the Democratic party will also show how clearly it has managed "how not to do it.'' The congress of the republic of Texas, some years previous to the existence of the Democratic party in that region, set apart first four leagues, or 17,712 acres of land, as a school fund, which endow- ment was continued under the Stale ; but there was a prohibition upon llie' disposal of the-^e lands except by lease, which provision was continued until the session of the Democratic constitutional convention in 1800, when it was chanijed. The Democratic Legislature of that year f)assed a law providing for the sale of these ands at public auction. Under the circum- stances which surrounded the people of the State at that time, just emerged from civil war, the energies of the people paralyzed and their pubstance wasted in war, the only result of such a sale would have been to pass this fund away into the hantis of land speculators and corporations, and that such was the object of this Democratic legihlation has never been doubted or disputed except by the virtuous Democracy itself. Under the constitution of 1845 one tenth of the annual resources of the State were set apart as a school fund. Alter the sale of the Sania F6 territory to the United States the Lejjisla- ture enacted a law, approved January 31, 1854, setting apart a portion of tlie proceeds of the sale for the same purpose. The following is the first section of the act : "Iifxtenact''d,lature passed an act entitled "An act to provide for the investment of the special school fund in the bonds of railroad companies incorporated by the S ate." Theinvestment in United States bonds was not altogether secure ; the value of such securities might any day be destroyed by the exercise of the sovereign right of secession by South Carolina, or Texas, or any other of the southern Stales. This act provided that the five per cent, in- demnity bonds belonging to said sjiecial school may and shall be loaned to legally incorpor- ated railroad companies in the State, and to place the tiling beyond peradventure, by act of February 13, 1800, the two per cent, sink- ing fund was covered into the Treasury as a pait of the special school fund for reinvest- ment eiiher in the bonds of the aforesaid rail- road or in those of any of the slave-holding States of the Union. I call the attention of the House to the Democratic wisdom dis- played in this regard. This was a Democratic provision for common schools in IVx as before the war. After the war th^ Democracy was again placed in power under the "'my policy" ot AnJiew Johnson. The Democratic party controlled the convention which pa-^.-ed the consiiiuiion of 18G0. The constiiuiioii pro- vided thai the income from the school fund should be a perpetual fund exclusively for the education of the white schola.stio inhabitants of th" State. It prohibited the investment of 5 this fund except in bonds of the United States of America or the bonds of the Slate of Texas, or such bonds as the State may guarantee. The last clause of the last sentence is the point made by the Democracy of Texas a'^ain in regard to common schools. Fortunately, how- ever, that constitution has passed away. The net result of Democratic rule was that the SojOOO.OOO placed in the treasury by the sale of South Santa Fe were wasted by Demo- cratic misrule, and they only exist now in the imagination of Democratic orators. The Re- publican adiniuistratiou of the State is now earnestly at work trying to gather up the odds and ends and fragments of this magnificent fund, the remains of which was sent to Europe during the war to purchase military supplies for the confederacy, which fund ought to have contributed so largely to the education of the people and the development of the State. After the passage of the reconstruction laws the Republicans elected a majority of the con- vention of 1868, which framed the present con- stitution of the State. The first section of article ten is as follows: "Skctiov 1. It shall be tho duty of the Legislature of thi.s State to inaku suitable provisions tor tlie sup- port and lUiiintenanue of a system of public schools tor the Knituitous iostruction of all tho iahabitants of the State beiweeu tho ages of six and sixteen years." The same article provides that the Legisla- ture shall, from time to time, as may be neces- sary, invest the principal of the public school fund in tke bonds of the Unied States, and in DO other security. The ring of this Repub- lican metal is eomewhut different from the Democratic provisions for its investment in the bonds of railroads, of slave-holding States and guarantied bonds, and by this Republican constitution one fourth of the ordinary reve- nues are set apart for school purposes, and in addition thereto one dollar poll-lax on every adult male in the State, and the proceeds of all individual sales of the public domain. The Republican Legislature elected under the con- Bliluiion procet'dt-d in good faith to discharge tbeir coustiluiional duty — to make suitable provisions fur tlie support and maintenance of u system of free public schools for all the inhabitants of the Stale. The available school fund having been wasted by the misrule of the Democratic party, it be- came necessary to levy a tax to carry out the system, and, as has been already stated, there never was a single public free-school house erected within the limits of the Slate. A la.\ ot c>ne per cent., to be levied and collected as necessity should demand, was asses.sed upon the properly of tho State for the purpose of erecting school-houses. At once there arose a storm of abuse against the tax and the Re- publiuau party, upon which the Democratic party achieved a temporary triumph in the laii; election, but the sober second thought of the people is already reacting on the subject. The system has been put into operation in various sect ions of the State, and to-day ninety thousand children are in attendance upon the public free schools, and the demand comes up from all parts of the State for more schools and more teachers. While tho Democracy are holding meetings in a few of the counties denouncing the system and refusing to pay their tax, and advising their friends not to pay the school tax, the report of the superintend- ent of education shows that up to the 1st day of February, in the counties of Travis, Hayes, Bastrois Fayette, Caldwell, Wharton, Colo- rado, (ionzales, and Lavaca, there is a total of 234 teachers, 180 schools, 9,733 pupils; and the cost per capita is $1 48. The ordinary expense of a private school averages about four dollars and titty cents per month for each scholar throughout the State, and the saving to the people of the Slate in this behalf amounts to at least from one hundred and fifty to two hundred per cent. Notwithstanding this excellent system, within the past two weeks this Democratic party who are so anxious to establish a free- school system throughout the Slate have burned two school houses, one in Hill county, and one in Dallas, and since the system was first adopted, on the 1st day of September, after thirty years of Democratic rule in igno- rance, there have been burned in the State of Texas at least twenty school-houses ; many teachers have been taken out and whipped, others have been driven from the country, school-houses have been closed up because the teachers have had the temerity to attend a Republican metting, and this in the Iowa of lirenham, in the county of Washington, one of the most enlightened and wealthy coun- ties in the State. The determined, bitter oi>po8ition to the school system by the Dem- ocratic party of the Stale of Texas, however, will be of no avail. The people who have been kept in ignorance so many years are beginning to realize the necessary results flowing from a common- school system, and they are beginning to look with suspicion upon the men whom they have followed in years gone by. They find the same men who led them into secession, who preached the war of the rebellion, now the leaders in all tax payers' conventions, the leaders in all attempts to resist the payment of the Uxes, anil they stand at the head of every opposition to every measure having the education and the prosperity of the people at heart. The p**ople are realizing the folly of seces- sion, of Democratic ideas of intellectual devel- opment, which mainly consist in learning to whine a mournful ditty concerning the " lost oaiisp,"' to ride a vicioiis mu.«tanj:, to punch at a ring wi:h a bean-pole, and to curse at mea 6 who are born outside the pale of their chivalric civilization. Here in Washington we are politely called "non-resident partisan officials." In Texas we are denounced as carpet-baggers, while the native Unionist is disposed of as a scala- wag or a nigger. There has always existed in the South a class of people highly educated, of superior cultivation, consisting of the old slaveholding aristocracy; and tliis class has ever held un- disputed control of the government of the Stales of that section, and has given shape and tone to their legislative enactments. This class had the means to educate their children and did educate them, generally in northern schools and colleges, but this education was based on the assumption, taught as the dogma of religion from the pulpit, that the slavery of the African was a divine institution. There was also another class contemptu- ously termed by the aristocracy " white trash," which formed a large body of the people, who were studiously deprived by legislative enact- ments, such as those of Texas, from all bene- fits of common free schools. This policy was necessary to sustain the system of slavery, for with education came inquiry, investigation, increase of wealth, political power, and study of the science of political economy and the rights of men, and the institution of slavery could not stand the test of this crucible. Also there existed a large class of unedu- cated people. To this class there has been added the mass of the untutored blacks, by their emancipation and enfranchisement. No one can possibly understand the danger of this large class of ignorant people in. the body- poiiiic belter than persons, like myself, who have had opportunity to study the two civil- izations. North and South. No party can un- derstand it better than the Republican party. Ii is to avoid the evil which must necessarily flow from this condition of affairs that the Republican party of the country and of the States where it exists are so earnest in the effort to change it by the establishment, not only of State systems of education, but of a national one also. The ruling class of the South has hereto- fore prevented, through the organization of the Democratic party, the education of even a portion of their white citizens, and would still prevent all education of blnck men. They resent the enfranchisement of the black man as an attempt to raise him to a social equal- ity with themselves. They cannot or will not realize the fact that this enfranchisement was an absolute necessity in our form of govern- ment, which is based upon the fundamental principle that all men are created equal, and that under this democratic rule there cannot exist in this country a whole race of pariahs in our political fabric. They oppose the edu- cation of the black man upon the same pretext of social equality, and would prefer no t^chools at all rather than submit to such degradation under the forms of law. It is by such appeals to the passions of uneducated white people of the South that we are cursed with that brutal form of the organ- ization of the Democratic party denominated the Ku Klux Klan, and that sort which rather conducts a congressional canvass by personal assault upon a political opponent than by an appeal to the intelligence and good judgment of the people. We, on the other hand, believe that the education of the people, white and black, will prevent the possibility of such political organizations, teach them to exercise their political rights correctly, and also their relative privileges and duties toward each other, which shall prevent all danger from the evils that are predicted on account of social intercourse, which, in all educated and well- regulated communities, is arranged by the in- dividual members to suit themselves. These remarks are not foreign to the subject presented in the bill for the sale of a portion of Texas territory, for one of the strong rea- sons for the passage of that measure is that it will immediately place under the control of the State an available fund with which to begin at once, and carry out to a successful accomplish- ment, a system of public free schools for the education of all classes of our people, whose ignorance is always a menace, the danger from which increases the longer itcontinues toexist. It has been shown that the fund cannot be wasted, for our constitution provides that the school fund shall be invested in United States bonds and in no other securities, and it is thus protected from the hands of the spoiler, from investments in railroads, slaveholding bonds, or indorsed bonds, under any and all of which Democratic provisions it could be plundered and wasted like the five millions plundered and wasted by the Democracy in the past. On the other hand, the purchase of this territory by the United States would at a trifling cost add at least sixty million acres of land to the public domain, and enlarge the national edu- cational fund by the addition of a territory equal in extent to the great States of Missouri and Indiana, and capable of sustaining an equal population with those States. Another reason is that this territory may be saved to this noble and humane endowment by the purchase. All experience teaches that where the General Government has parted with its right of eminent domnin in any of the public lands by cessions to the States, these lands have passed into the hands of private persons and corporations for purposes of spec- ulation. The Commissioner of the General Land Office reports that the swamp landa ceded to the difTeroni States in which they are situated have thus been disposed of wiLbout realizing any of the benefits intended by the grant. Tlie land scrip given to the States for agricoltunil colleges has been generally sold for cash by the States, and in this matiner immense areas of the public domain liave passed into the hands of land speculators, who locate this scrip on the very best vacant lands of the country and then hold them at high prices, which they are generally enabled to obtain by means of internal improvements for which these speculators obtain national or State aid to their own pront. These facts offer tlip most convincing arguments why the General Government, in the mana'jement of the national educational fund, should preset ibe the conditions and retain the coritrol of the fund to the uses for which it is intended, and not leave it, especially in the South, to the mercy of the Democratic party, should that party obtain control, whose policy is a pauper school lor the poor white man and no school at all for the black man. And what is true of the other States is true of Texas; if the territory is retained, it will be frittered away and (inally pass into the hands of speculators, to the detriment of the best interests of the State and country. I come now to my second proposition, the advantages accruing to the Indian policy in the acquisition of this territory by the United States. A portion of the territory included in the joint resolution lies north of Red river and between New Mexico and the Indian territory of the civilized tribes of the Creeks, Choctaws, and Cherokees. This country is called the Pan- Handle in Te.xas. Through the Pan- Handle, the Red river and the north and Bouih forks of the Canadian meander with their tributaries, and between these waters are piled up the pyramidal peaks of a portion of the range of the Wichita mountains. The fol- lowing description of this Wichita country is taken from an article in the Galaxy, written by General Custer, called " Life on the Plains:' "Approaching the Wichita mountains from the noith. and after the eye has perhaps been wearied by tiie lameness and monotony of the unbroken I>lains,ono is gladdened by the relief which the sight of these pieturesqueuud peculiarly beautiful mount- ains affords. "Hero are to be seen all the varied colors which Bicrstiidt and Church endeavor to represent in their mountain scenery. A journey across or around them on foersons residing therein, shall be considered as specie, and thereon shall be levied and collected a tax of one half of one per cent, in specie." The rebel Democratic levies of the ad valorem taxes could not have less than twice the percentage of the present Republican tax, and would amount to probably thrice the per cent. .So much for the Slate taxes. The county taxes levied by the rebel Demo- cratic Legislatures were even more in excess over the present taxes than the State leviesi. Under the acts above cited the counties were authorized to levy one half the amount of the State taxes for county purposes. By an act approved January 1, 1862, the county courts of the several counties were authorized to levy a special tax for war purposes on all property subject to taxation by the .State, as follows: "That the county courts of the several counties in this State shall have power to levy and cause the assessment and collection of a special, direct ad valorfin tax on all property sulyect to taxation by the Slate, of not exceeding twenty-five cents on eai^h hundred dollars in value of property, which shall bo called a war tax, and the same shalT be assessed and collected by the assessor and collector of the various counties," ke. In addition to these taxes, which amounted to as much as the present levies, by another act approved March 6, 1863, to provide the necessary assistance for families and other dependents of officers and soldiers, the county courts were authorized to " raise funds there- for by extraordinary taxation, as may be proper to supply necessary assistance," ]/ the Legijilalure of the Stale of Tfxaa, That wo highly approve the promptness with which the presiilunt of the confederate States has made preparation to retaliate in the event the Lincoln Government should execute as pirates any or all of the crew of the privateer Savannah, and we ex- press the decided opiniim that retaliation should be strictly and rigidly practiced by our government iu all such cases. Jieiolved, That the Governor of this .State transmit a copy of this resolution to our members in the con- federate congress, and that they lay it before Presi- dent Davis. Approved, December 9, 1801. A Crinit Arrives. CuAPTER XL— Joint Resolution. Whereas a crisis has arrived which involves the civilization, iustiluiious, political and social righta of the people of Texas, making it proper and expe- dient that the representatives in the Legislature should, in the most solemn manner, declare to her sister States, composing the confederate States of America, and to the world, her settled conviction of the wanton injustice of the war now waged again.st them by tho northern .States, and of her unfaltering determination to cooperate with her si.^ter States in prosecuting the war to atriumpbr.nt termination by all means and at all hazards; and whereas it is a historical fact, known to the nations of Europe, that the independence of the thirteen original colonies was separately acknowledged, and that these dis- tinct sovereignties formed a voluntary Union under the name and style of the United States of America; while it is a fact known to the people of the United States that these Statss neverdid mi-rge thoir sover- eignty into the Government of the United States, bat that they only delegated to it certain expressed, lim- ited and si)ccific powers, while they reserved to them- selves the exercise of all other powers not so dele- gated, and lest it should be inferred that they had parted with the sovereigntv, several States, and Vir- ginia among the number, did, along with the act of entering the Union, declare theirrightof withdrawal, and notwithstanding these decisive facts tho rightis denied us, and tho amazing spectacle is presented to the world of tho attempt to ignore the sovereignty and rights of thirteen States, and by war to subju- gate and hold in vassalage ten million people, thus seeking to overthrow the fundamental principles which underlie tho theory of our government, and upon which tho whole system rests, and in the de- struction of which there is inseparably joined tho submission and overthrow of republicanism : and whereas we declare that for tho sake of the Union, such as was bequeathed to us by acommou ancestry, we have for long years submitted to enormous taxa- tion, and to a monopoly of the coasting and fishing bounties; but not content with this odious system of material robbery, they have sought to rob us of our just reputation abroad; and not only so, but through misrepresentation we are regarded as the destroyers of tho Union, and themselves as politically striving to preserve it, when in fact they have long since destroyed it, all but in name, and aro to-day willing subjectsof a coarse and vulgar des|>otism. iJut not- withstanding all this it was not until they denied us ccjuality in the Union, and had suf-ceeded by a sec- tional war in placing in power a President, and in the Halls of Congress a majority, pledged to carry out these measures, that the people of the South rose ui> in their majesty and accepted tho issue of war rather than submit to the disgrace of social and political inequality. For many years they havo been engaged in making a moral war upon us, and now, after thus assailing us and our iustitulions, they havi! actually invaded our territory with fire and sword, proclaiming in advance the confiscation of our property, the appropriation of our homesteads, and if possiolo, by m<(f ranch isetnent, d:c. Ch.vptkr XVI.— An Act to exclude from ofSce. serving on juries, taking or holding property, and from the rigiits of suffrage, all persons who take the alien oath, leave our country toavi)id the ser- vice, or join the enemy, or in anywise give them aid and comfort. lie it rnnctcd by the Lcginlafiire of the State of Texa», That no person, being a resident of the State, or of any one of the confederate States, who may, during the existing war between the confed- erate States and the United States, take the oath commonly known as the alien oath, whereby ho claims the protection of any foreign Government, a3 a shield from serving the cause of the confederate States in their present struggle ; or who may leave, or, having left, remain absent from this State, or any of the r.onfederate States, to avoid participa- tion in behalf of the confederate States; or wtio may join, or, having joined, continues in the Army, or service, or employment of the United Slates; or who may conceal himself, and thereby avoid service in our cause; or who may in anywise give aid and comtbrt to the enemy, shall, upon conviction thereof before any court of competent jurisdiction, take or hold any estate, real, personal or mixed, whether by purchase, gif', devise, or dc-ceut, in this State, nor hold any office of trust, profit, or honor, nor vote at any election, nor serve on iinyjuricsin any court within thisState: A'roou/erf. Tli at persons who shall prove themselves to be bnnn jli) neutrals anil citizens of a friendly Power shall not bo subject to the provisions of this act. Skc. 2. That the judgment of the court upon the verdict of a jury in any one of the causes enumer- ated in the preceding section, shall bosutliricnt evi- dence of the guilt of the party, in any suit or pro- ceeding that may subsequently arise, on any i.'sue made, upon any question involved iu the said first section. Skc. 3. That for the offenses enumerated in the first section of this act, the party may be pro-ecuied at anytime within five years after the ratifioaiioa 15 of a treaty of poaoe between the confederate Stiitcs and the United States. Skc. 4. Ttiat ibis act take effect from and after its passage. Approved, March 5, 1S6.3. Pay for ILmging Loyal Men, CnAPTKR XX.— An actappropriatinginoney todefray tho cxpensos incurred lor ralion^ and foniue, or- dered by Brigadier General William Hudson, twenty-first brigade. Suite troops. Whereas about the Ist of October, 1862, it becamo known that a secret organization existed in tho county of Cooke, and adjoining counties, having for its object tho overthrow of this government; and whereas the Texas State troops, of tho twenty-first brigadn, wore cilled out by Brigadier General Wil- liam Hudson, of said brigade; and whereas said rebellion has been effeutually crushed, and harmony restored in that portion of the State: Thfreforo, Be it enacted. »tc.. That the comptroller bo, and ho is hereby, required to audit and pay, by his war- rants upon the treixsurer, all accounts for forage and subsistence of the Texas State troops, tweniy-fin'.t brigade, called into service by Brigadier General William Hudson, of said brigade, &c. Approved, March 5, 1863. Note. — The organization referred to in the act was that of Union men who were endeav- oring to reach the Union lines in Missouri to join the command of Colonel Mariin D. Hart, formerly a senator in the L^'gi8latu^e from nori hern Texas, who had escaped through the confederate lines, but who was after- wards captured in Arkansas and hung by a regiment of which Crump, Sanfley, and other noted Democratic politicians in northern Texas, were officers. '1 he organization was "effectually crushed and harmony restored" by hanging over one hundred men, and the shooting of many others. It is a historical fact that thirty two of these loyal men were hung upon a single tree in Cooke county, which stands to-day, and is known as the Dead Man's Tree. V A Beattlu Resolution. CoAPTKR VII. — Joint resolution concerning retal- iation. Renoloed by the LeginUiture of the State of Texas, That wo heartily approve of the proclamation of tho president of the confederate States to retaliate for the iniquities of General Butler, (better known as Butler the Be;isf.) in the State of Louisiana, as well IIS his retaliation proclamation ag;iinst General McNeill, for tho murder of citizens in the State of Mi-isouri, and wo trust that retaliation will bo strictly and rigidly practiced by our government in all such eases of outrage, and wo pledge the people of this State to sustain the president of the confed- erate States in all his measures of retaliation against those who outrage humanity by such an utter dis- regard of tho rules of civilized warf>rp. IteKolved. That the Governor of this State transmit a copy of this resolution to our members of congress, and that it bo laid bef re the iircsideut. Approved, March 6, 1863. A Proud and Scornful Defiance. CUAPTKR VI.— Joint Resolution. Whereas (ho present war waged by the Govern- ment of tho United States upon the govi-rnmont, people, and properlyof tho confederate St ite--. is ■without |)rcc«'u8 enemy trends our soil, in heavy numbers and menacing attitude, we bid him a proud and s<i|ioy to "divide arul conquer." a policy through which it is hoped lo detach some of the States of the confeder- acy, thereby to weaken and demoralize the rest. To accomt>lish this an appeal is made to our love of property, which, as it is the nil-prevailing motivo lo the action of tho people of tho North, they Mip potted would control our conduct. 16 Re»olution 3. That it will be well for the people of the North to understand, even at this) late day. that the southern States did not secede from the Union upon any que-Jlion such as the mere preservation of the slave property of their citizens, but that, being free and sovereign Stales, they were resolved to preserve their freedom and their sovereignty; they were free to govern themselves as they, and not others, saw fit. They were free to change their gov- ernment, to erect a new one, and to make whatever alliances they should choose. And after nearly four years of arduous war these States are still unwaver- ing in their resolution to preserve their freedom and their sovereignty, without which all else is valueless. lietoliition 4. That could the present war and all its horrors be blotted out of our memories, our pa-^t experience while in the Union would warn us from any reunion with the people of the North. A written Constitution, adopted by our ancestors and theirs, which contained plainly-worded guarantees of the rights of all, was by them and theirsworn represent- atives deliberately and persistently violated to our injury, and finally, after years of discussion, when the question was understandingly before the people at large, they elected a Chief Magistrate with the purpose that he should destroy our liberties in dis- regard of the Constitution which ho had sworn to support, thus f.xhibitiug a radical and widespread national depravity, to the honor of human nature, never exhibited in the world before. Reiolutionb, Ijut wo could not, if wo would, ban- ish from our memories the inhumanities of this war. Our enemies have reimdiated every principle of civ- ilized warfare. They have withdrawn their felons from jails and penitentiaries, have recruited from the scum of Europe, and armed our own slaves, in order to procure an army sutBcienaly atrocious for tlieir purpose; and this army has been launched upon us with the declared object of our extermina- tion. Poisoned weapons have been manufactured and used; exchange of prisoners has been refused until the success of our arms extorted a cartel, and the terms of this has been violated by them when- ever the varying fortunes of tho field maile it appar- ently advantageous to do so. Ourcountrymen when captured have been removod to rigorous climes and subjected to every hardship that thus they miglu be destroyed. Non-combatants have been murdered. ln' 19, 1872.] AuSTfN, February 19,1872. Four members of the grand jury of the Federal court wliioli recently indicted Governor Diivis have been implicated ns having been bribed to indict Republican.s mid to shield Democrats. General Davidson, chief of the State police, holds the receipts given by them for the money they re- ceived for ignoring a bill against a prominent Dcm- oorat of Bryan, wuo is charged with revenue frauds to a largo amount. The State police are on tho track of ex-Deputy Marshal Wallace, who summoned himself on tho grand jury, and also on track of other members of the grand jury, who are all supposed to have accepted bribes. Considerable evidence has been obtained, which indicates that tho whole grand jury, with one or two exceptions, was bribed. TRACY In view of the astounding developments as to the bribing cif the Federal grand jury, the evidence of which is fiist coming to light, the conspirators hero who prostituted tho Federal court in order to over- throw the State government, are tilled with conster- nation and do not know what to do. The State Journal, in to-morrow morning's issue, will publish the receipts given by tho bribed grand jurors for tho money they received. Mengcr, of Comal county, soema to have been the ringleader iu the affair. [Daily State Journal. Austin, February 20, 1872.] A Briiikd Grand Jury— Muroer will Out.— Ever since the indictment of iho Governor by a grand jury of the Federal court, upon which three deputy marshals sat as members, subpenaed by themselves, we have been satisfied there was some- thing "roticn ill Denmark." The fact that Repub- licans could be indicted upon the most frivolous pre- tenses, while Di-mocrats charged with tho gravest offenses cseupcd, was an additional evidence that the grand jury in (luestioii wxs but the creature of a vile clique in Austin, who were determined to prostitute the Unit('d States court for tho purpose of breaking down the Stat'- government and throwing discredit upon the Republican party in general. Detectives, under the direction of Adjutant Gen- eral Davidson, were accordingly set to work to fer- ret out and unearth the suspected villainy. After a thorough and r'ationt effort, evidence enough has been obtained to convict several members of the ground jury ofthe crime ot bribery. Following is a portion of iho evidence in the case of four members : [8:50.) Austin. Frbrunry^, 1872. Received of the above amount, in full for the services of u committee of four persons on tho United States grand jury, in a tobacco ca«(«of Sim- ouw. JOSbPU MENGLR. Foreman of laid committee. For prudential reiu>on8 we withhold the name of the party to whom this receipt was given, but it is in our posses.«ioii and tubjcct to the order of the proper authorities. The original rrcipf, signed by .Joseph Monger, of Comal county, is in the han'ls of General David- son, chief of the police of the State. We have other evidences in our possession point- ing to the bribery of the mi'mbers. which, by tho advice of General Davidson, wo withhold for tho present. We present enough to satisfy every unprejudiced Eerson that the grand jury of the Federal court was ribed, that it was simply a tool in the bands of disloyal tricksters to overthrow the State goveni- mcnt and defraud the United States Government of its legitimate revenues. We will hr>ld the balance in reserve until r)ermitted by the authorities to make it public. Wo understand that since tho dis- trict attorney lian learned ofthe bribery ofthe grand jury he has determined to apply to the court to quiish all indictments found by them, and ask for the impanneling of a new jury. The court, in vin- dication of its own dignity, should at once iiroceod to sift the matter to the bottom, and we doubt not will grant the motion ofthe attorney. Mr. HANCOCK. JJr. Speaker, I will state to ray colleague that since our conversation yesterday I have seen telegrams which passed between the Attorney General atid the raar- shal ; 1 had not seen anything of tliem before. With ray colleague's permission I will send them to the Clerk's desk to be read. Mr. CLARK, of Texas. The gentleman can have them read afier I get through. Mr. HANCOCK. The time occupied in reading these telegrams need not be taken out of my colleague's time, I presume. Mr. CLARK, of Texas. When I got through my colleague can go on. The State Gazette, a Democratic paper which my colleage ought to indorse, and 1 presume does indorse, con- tains the same statement and makes the same points which have been made by the papers just read at the Clerk's desk. Now, Mr. Speaker, understanditig this thing very well, I believe that I know (he game which is going on, although .some gentlemen think that I am not "jios'ed." There was a rea.son why the floor was denied rae yesterday morning, it will appear some day that a gen- tl.:iman who was not in his seat yesterday morn- ing is a partner in th^ law Grin who were en- gaged to bring about this very indictment. I have no doubt, sir, (and I say it looking him right in the face,) that he w.is close by when the gentleman from New York objecti-d to my making a personal explaimtion. I know the tricks of these damnable villains too well. Sir, I know the rottenness, the wretcliedncss, the blood-red villainy of the Dt-raocracv of Texas very well. I have seen it put to me with double-barreled shot-guns too often not to know when and where to respond to it. Mr. HANCOCK. May I ask my colleague wha' he means by his allusion? Mr. CLARK, of Texas. I will tell my colleague what I mean by and by. He has thrown down the g.iuntlet here, and I have 18 taken it up in behalf of seventy thousand honest Republicans of my State. Now, Mr. Speaker, I want no controversy with my colleague. It is only by accident that I found out that he was behind the whole movement here which yesterday took me off the floor. He knew perfectly well that I was compelled to go down to Texas and fight over again the battle for the occupancy of my seat in this House; and he had not the honesty, he had not the courage to stand up here himself and object to my proceeding, but he put flome- body else forward to do it. Mr. HANCOCK. If that language is in order and proper, I think I might be permitted to reply to it by saying that it is utterly false ; there is not one word of truth in it. The SPEAKER pro tempore. The Chair decides that the gentleman is not in order. His language is unparliamentary. Mr. HANCOCK. I think my language is pertinent to tliat of my colleague. Mr. CLARK, of Texas. Well, I apologize to the House for saying anything here that is not in order. Mr. HANCOCK. I have no apology to make for saying what I have. Mr. CLARK, of Texas. Mr. Speaker, I go on with the point I was making, simply desiring to correct my friend from Kentucky [Mr. Beck] in some remarks which he made in this House, on the 22il of January and the 16th of February, regarding the Governor of my State. I send to the Clerk's desk, to be read, extracts from those remarks. The Clerk read as follows: "D.avis, of Texas, a tyrant and usurper, who is denounced by his people, regardless of party, as a fiend in human form frhose orders and acts are a di8gr.i<:e to American civilization." » » • • " I know why these charijes are made. What I said about the State government of Tennessee was also said about the men who bold the reins of govern- ment in the other States, and £ said a good deal more about some of them. One man — Governor Davis, of Texas— was, as I aftcrwanl learned, stand- ing in this Hall looking me in the face when I said it. 1 said more of Governor Bullock of Georgia, when he sat on this floor in the last Congress. I have said more about nearly all of the others; they are not all cripples and jmbecilcs. I have never told a lie about one of them. I am prepared to prove every fact which I have stated here or else- where about the tyranny of the usurpers in the southern States." Mr. CLARK, of Texas. Now, Mr. Speaker, let us consider tiiis question between the gen- tleman from Kentucky and myself. There is no gentleman on the floor ot this House for whom I have entertained a higher regiird than for the gentleman from Kentucky. 1 admire him personally ; I have known him well. I have watched his course iierc, and I would not say what I have to say now did 1 not know that he has a heart as big as An ox ; if ho ever does a wrong to anybody lie is the first man to get up and apologize for it. Tiie fact that he has received his information from irresponsi- ble or prejudiced parties is the reason why he stands up here and calls the Governor of my State a "fiend in human form." The gen- tleman from Kentucky is an honorable man. He said the other day, as I understood him, that he was born in Virginia, though some gen- tleman suggests to me now that his remark was that he had family ties connecting him with Virginia. At any rate he is now identified with southern interests and southern men. I believe him to be a chivairic gentleman. I do not believe that he would say an unkind word about anybody unless he believed that he was thereby subserving the interests of his country. But I ask him to tell me here and now whether if he had "all the blood of all the Howards" in his veins he could stand up in this House and tell a man who was a guest of the House, and whose lips were closed, that he was a "fiend in human form?" Is that courageous? Is that Kentucky chivalry? That is the issue between the gentleman and my- self. Governor Davis was the guest of this House. As the gentleman from Kentucky has said, he looked him in the face when the gen- tleman called him a " fiend in human form ;" but he regarded him with pity, and I had al- most said with contempt. With a countenance " more in sorrow than in anger " did he regard the gentleman from Kentucky on that day. Mr. BECK. The gentleman will allow me one word at this point; I may say more here- after. I said in my last remarks that I had not learned till after my first speech that Gov- ernor Davis, of Texas, was present when I made it. When I made that first speech I did not know that he was here. I merely wish to say now thai in my speech I was speaking of the public characters of men, and not of their private characters — not one word. Mr. CLARK, of Texas. I will come to that in a moment. Then I understand my friend from Kentucky as saying that he was speak- ing of the public character of Governor Davia, of Texas, when he said he was a " fiend ia human form." Am I right? Mr. BECK. I was speaking of his public acts. I do not know him personally; I never met him privately, and I do not know any- thing about his private character. It was OQ public acts alone that I was commenting. Mr. CLARK, of Texas. I know that my friend from Kentucky will never knowingly do an unfair or dishonorable thing to anybody at any time. Now, to the points which I intend to make in this controversy. That gentleman gets the record of the Governor of my Slate from the villains who would vilify any man's character or any woman's character anywhere. There is where he gets his record. I know the deep- dyed, damnable villainy of the hounds after Governor Davis better than any man on this floor. Govertior Davis was born on southern 19 soil. He was born in Florida; he grew up among her pines, going to Texas when u young man. When the war broke out where was he, I ask the gentleman from Kentucky? I ask his attention to this litile point right here and now. Where was he when Governor Davis left the State with a rope around his neck, put there by the friends of the gentleman from Ken- tucky ? After his escape he organized a regi- ment, then a brigade, and fought his way back to where he is now, at the head of Union troops, through the rebel lines. Where was the gen- tleman from Kentucky then? If history reads rightly he was doubting whether he would go for right and freedom and Union, or for wrong and disunion. I make no reflections on my friend in that regard. He had the rigiit to his opinion. He may have been surrounded by family ties which bound him down as my own brother was, whom I fought and captured twice during the war. Governor Davis, on the con- trary, whom the gentleman from Kentucky has designated as a "fiend in human form," has done more for Texas than any man who has ever lived in that State, except old Sam Houston himself. Governor Davis was always a friend of old Sam Houston, and it was through his influence and at his request I appointed the son of Sam Houston as a cadet at West Point. Now, Mr. Speaker, I think I am through, so far as the charges against Governor Davis are concerned. I'he gentleman from Kentucky (and he is an honorable man) took the proofs which came to him, and when he becomes satisfied the charges against Governor Davis are wrong will, I know, apologize to this House, and be the first man to retract what he has said. Now, in order to show the gentleman from Kentucky that he was mistaken, that his in- formation has been incorrect, that he has been cajoled and prejudiced in making these state- ments, 1 will call his attention for a moment to the tax-payers' convention referred to in the minority report, and to the character of the twenty-one tax payers making the indict- ment to which he has referred against the Governor of my State. 1 know my friend is anxious to hear about that. I propose to show to him that of the twenty- one tax-payers all but five were men whose lips are blisiertd with treason, and whose hands are red with the blood of Union men ; men who belonged to the secession convention, and intent in carrying out their projects to plunge the Stale of Texas again into civil war. That is part of the proof which the gentleman from Kentucky has not had, or he would not have been inclined to make the remarks he lias \ made about Governor Davis. Five of the i twenty one were Union men ; there is no doubt I about the fact that they were Union men dur- | ing the war, and they are now welcome to their present association. The gentleman from Kentucky has been in- duced to make his remarks for another reason. Mr. BFCK. 1 did not hear the gentleman's last remark. Mr. CLARK, of Texas. The gentleman from Kentucky, I say, has been induced to make his remarks for another reason. The Stale debt according to the report furnished him has been increased to $14,000,000. Very well. I shall not go over the whole minority report of the Ku Klux committee. I shall send to the Clerk's desk, however, to be read a statement of the treasurer of the State of Texas in regard to the debt of that State. The Clerk read as follows : Teeasurer's Office. Austin, October 1, 1871. lion. W. A. Saylor: In compliance with your request, I have the honor to submit the I'ollowing siatemeut: Oustanding warrants $151,169 01 Frontier bonds gold 377.000 (0 Five per cent. State bonds 216. &41 08 Six per cent. State bonds 3J0.367 13 Cumptroiler's certificates of indebtedness 89.70J 91 Total «1. 454,887 13 It is proper to remark that the five and six per cent, bonds are a portion <>f the ante be'lmn debt. GEORGE W. UONEY, Trea»urer State of Texa*. Mr. CLARK, of Texas. Mr. Speaker, that is the statement from the books of the treasury department of Texas showing the debt on that day. The five and fLk per cent, bonds include the ante helium debt of about five hundred thousand dollars. The warrants, amounting to about three hundred thousand dollars, have already been paid. If we deduct these amounts from the statement, we have about six hundred thousand dollars left as the present debt of the State of Texas. Now, then, gentlemen will say that the Legislature of Texas has voted a subsidy to the amount of $12,000,000. F'or that we have twelve hundred miles of railroad. And if they will search the journals of the Legisla- ture they will find that every Democrat but three votpd every time for that very debt. And yet they come up here and incorporate in the Ku Klux minority report a statement repre- senting this as a debt created by the ilcpubli- can parly in my State. The Governor has vetoed every bill of that character, and that is why the gcnilemen hate him so. That did not suit the Austin ring. I challenge either of my colleagues on this floor to point to anything done by the Governor of our State which does not show integrity of character and honesty of purpose. That he has made some mistakes I admit, lie has appointed some Democrats to office, which he ought not to have done, 20 LIBRftRY OF CONGRESS f III III I II I I 014 543 967 ft and this, I think, is about the only mistake I^e ever coinmitied. [Here the hammer fell.] Mr. ARTHUR rose. Mr. CLARK, of Texas. I want only two or three minutes longer. Mr. ARTHUR. I yield three minutes to the gentleman. Mr. CLARK, of Texas. I hope I will have time enough to conclude the remarks which I desire to address to the House. I know, Mr. Speaker, how my I'riend from Kentucky [Mr. Bkck] is to come hack upon me in his reply. He will tell the House where he got his information. He will read the names of those twenty-one tax payers. He will quote my lionoral)le colleague from the fourth district, [Mr. Hancock.] and my col- league from the first district, [.Mr. Hekxdox,] and every Dt^mocratic paper thire about the ter- rible outrages committed by the Radical party in Texas. But he will not say one word iiboul what the Democratic party has done there. He will not tell you and this House that, in the twenty five years during which the Democracy held that State, with their control of all the millions of acres of land and the iniUious of money in bonds and in gold, they did not- build a schonl-house. and built only about four hun- dred miles of raiUvay. He will not tell you that since the Republican party came into power we have over twelve hundred scliools. and ninety thousand childr(;n in thorn, or that ■we have built more miles of railway since we held that. Slate in 18G9 than were ever built in the State before. Oh, no I He-will tell you about the operation of the police bill ; and I answer him by saying in advance that the money which has been saved by the operation of that police bill, by breaking up the gangs which ru-;lied down from Missouri and Kansas, and whom we have driven out across our bor- ders, is more than suflicieut to pay all its expenses. Mr. Speaker, I desire to take the floor during tlie time of the gentleman from Illi- nois merely to make a few remarks in answer to the gentleman from Kentucky [Mr. Beck] and my colleague from 'I'cxas, [.Mr. Hancock.] The gentleman from Kentucky is out of the House, but my colleague still remains. What 1 have to say is simply to reiterate what I said regarding the charges m&de against the Governor of my Slate. When the time comes, and it will come, and. Mr. Speaker, it shall come, when I will stand here to vindicate my Governor and the Republican party in my State against the aspersions of any metnber. I will bring "proof strong as holy writ" to substantiate every word that I have said upon this floor. Mr. Speaker, I know too well what opposi- tion I am to have from my colleague from the fourth district. [Mr. Hancock,] and my col- league from the first district, [.Mr. Hekndon,] and from the gentleman from Kentucky, [.Mr. Beck;] but I warn them here and now that I will remain on this floor until I have vindicated for all time to come the conduct of my Gov- ernor and the administration of my State. The gentleman from the fourth district [Mr. Hancock] read the names of some {)ersons who were connected with the tax- payers' convention in my State. What he has said about them personally I do not under- take to challenge here. I remind him, how- ever, that when I made my statement with regard to the tax-payers' conventirm I excepted five gentlemen out of the iwenty-one who made a report to the minority of the Ku Klux Committee. When he comes to arraign before this House the conduct of my party in my State, and for proof cites the action of that tax-payers' coiiveution, 1 assure him that I will be here to meet him or any other man. From a private soldier, with my mus- ket on my shoulder, 1 fought my way to the grand Empire State of JVxas, of wliirh I am now an honored representa'ive. and I intend to maintain the integrity and the honor of my party in my State so long as God gives me a voice upon this floor. I do not mean to trespass long upon the time of my friend from Illinois, [Mr. Snapi',] but since I .said this morning that 1 iu- tonded to go back to Texas and take testi- mony in my case, I have found that I can take belter testimony here. And I tell my col- leagues, and I tell my good friend from Ken- tucky, that I will meet them here when the Ku Klu.x bill comes up for consideration; and if I cannot, with the proofs before me, vm- dicale the action of my party and my Gov- ernor in my State, in doing what they have done for me and for others like me, "the boys in blue," I will make my bow to the Speaker of this House, and go out of this Congress with- out a single word.