^^' ^ .VV^v ^^ '♦ "^^ o'^ 1 ^ Js * V .*^ • '-^v. ■•^^ 0^ :%, ..•^^ .' ,- •7' A V ^ V '. °' c^. >■ .** o v/* •A * '» -V CV" " u r ^1- C • ,.i:^:^v.^'^ ^ -17^^ 0^ .4 9. ^•. ^^^ T .• .*^% 'M -'/%, A>- ... ^^ y -^ ^!^K^*' ^■' ' j> -^^0^ .•:;cm-..' j> o V" .•r*' V ^ GENERAL SAM HOUSTON. BRIEF HISTORY OF TEXAS FEOM ITS EARLIEST SETTLEMENT. TO WHICH IS APPENDED THE CONSTITUTION OF THE STATE. FOR SCHOOLS. BY B. W. C. BAKER. A. S. BARNES ^^'''^i^ '"' Bkanding Cattle. Minerals and Metals. — IJccent examinations have proved, beyond a doubt, the fact that Texas is rich in several of the most valuable ores. Iron abounds in Eastern Texas, and iron, lead, and silver is found in Llano, Burnet, and HISTORY OF TEXAS. 17 Other counties. Copper of a rich quality exists abundantly in the north-west, and coal-fields of considerable extent have lately been opened. IVCineral Waters. — A number of mineral springs pos- sessing valuable medicinal properties have long since been found in Texas. Among the most noted of these are the Sour Lake and wells in Hardin County, and the Sulphur Springs in Lampasas County. The following is an analysis of the Lampasas Springs, made by the author of this book, in 1855 : There are two principal springs — Hancock's, or the Great Boiling Spring, and Burleson's, or the Lower Spring. The former contains in one wine-pint : sulphuretted hy- drogen, 2^ cubic inches ; carbonic acid, amount undeter- mined ; common salt, 7 grains ; carbonate of lime, 2 grains ; carbonate of magnesia, 1 grain. The latter, or Burleson's, contains in one wine-pint : sulphuretted hydrogen, 4 cubic inches ; carbonic acid, amount undetermined ; common salt, 32 grains ; carbonate of lime, 3 grains ; carbonate magnesia, 1| grains. The temperature of the water is 70 degrees Fahrenheit. Principal Towns. — The largest towns in Texas are Galveston (upon the eastern part of the island of that name), Houston (at the head of Buflalo Bayou), JeiTerson (in Marion Co.), San Antonio (in Bexar Co.), and Austin (in Travis Co.). Oldest Towns. — The oldest towns in Texas are San Antonio, first settled in 1692 by the Spanish Catholics ; Go- liad, or La Bahia, as it was first called ; and Nacogdoches. Oldest American Towns. — Among the oldest Amer- ican towns in Texas are San Felipe, Liberty, Brazoria, Columbia, and Washington. IS Ills T O li Y () F r K X A S . Population. — The j)opulation of Texas was — 111 lS-20, about 20,000. In 1850, census 212,592. " 1830, " 25,000. " 1860, " 601,039. " 1836, " 52,000. " 1870, " 818,579. " 1840, " 00,000. " 1813, esVA over one million. Climate. — The climate of Texas is generally uniform, pleasant, and healthy. A meteorological record kept at Aus- tin for about seventeen years, by Professor J. Yan Nostrand, shows an average of about 88° in summer, and 46" in winter ; and an annual rain fall of 33 inches during same time. Principal Rivers. — The principal rivers of Texas are, the Sabine, on the cast ; the Trinity,* the Brazos,f the Col- oradOjJ the Guadalojipe,§ the San Antonio, and the Kio Grande,!! on the west. The three first flow in a southerly course, and empty into the Gulf of Mexico. They are partially navigable. The Colorado takes its rise from springs in the northwestern part of the State, flows for about four hundred miles through the central portion, and empties into Matagorda Bay. The Guadaloupe is a clear and rapid stream similar to the Colo- rado, but smaller. The San Antonio takes its rise from springs four or five miles above the City of San Antonio, and flows in a \)'>\d ami limpid current toward the Gulf, re- ceiving in its course the Medina, and then uniting with the Guadaloupe above its mouth. The Rio Grande is the west- ern boundary of Texas. The rivers of western Texas on * Trinily nica-ns Ihree in one, so-called from the three forks of this river, which unite to forin the main stream. t Brazos means arms ; on the old map called Brazos de Dies, arms of God. t Colorado means red, and is so named from the color which the water of this stream assumes during a freshet. The color is imparted by the soil through which it flows. § Chiadatoupe means Wolf River, from Guada (Arabic) river, and Lupus (Latin) uvrf. II Pio Grande, meaning Grand River. This stream had much more appropriately been called long river, than grand river. HIS T .() R Y OF TEXAS-, 10 account of their rapid currents are not navigable, except tlie Rio Grande wliich is navigable for light-draft boats for about 250 miles. Railroads. — Texas has now in operation about 1000 miles of railway. The following grand trunk railways are now being, or will soon be, constructed, and when completed will open Texas to free communication with all parts of the continent. Several other roads have also been chartered and are now being built. The railroads of Texas have generally been munificently endowed by the State, which has given liberally of its public domain and loaned its money to create these great arteries of commerce and travel. The Houston and Great Northern Railroad ; the Houston and'^xas Cen- tral Railroad; the Southern Pacific Railroad ; the Interna- tional Railroad ; the Missouri, Kansas and Texas Railroad. Texas has granted to railroads in all more than 8,000,000 acres of land.* Unappropriated Domain. — Texas has still about 89,000,000 acres of vacant and unappropriated land. * From the last report of the Commission of the General Land Office. QUESTIONS ON THE INTRODUCTION. What is the area of Texas ? How is it bounded? How is it naturally divided ? What are its chief productions ? In what portion are its principal cattle interests ? What minerals and metals are found ? Where are some of its mineral waters ? Name the chief towns ? The oldest towns ? The oldest American towns ? Give the population by decades ? What about the climate ? The principal rivers, Meaning of their names ? How many lines of railway ? What principal railways ? How much vacant land has Texas still ? CHAPTER I. Texas* is supposed to have taken its name from an Indian village called Texas on the Xeches River. Its IVEeaning. — The tribe of Indians called Nassonites have the honor of giving the name to Texas. Its meaning in their language is said to be friend.\ La Salle. J — The first white discoverer of Texas was a Frenchman named La Salle, who with a small colony landed * How and when Texas received its present name has been a subject of contro- versy and speculation. Some writers assert that it was so called because its sup- posed discoverer found the dwellings of the inhabitants to have roofs, which in the Spanish language are called tejas, or texas, and hence the name; but if this be the true reason, then Mexico should also have been called Texas, because Jean de Grijalra, who discovered it, found these houses not only with roofs, but otherwise in point of construction and comfort compared so favorably with those in Spain at the time that he called the newly-discovered country Neiv Spain. Others seem to find a solution of the diiHculty in the assumption that the word tecas in the language of the aborigines meant friends, with which expression they are said to have hailed La Salle and his companions, but he and those of his followers who perished at their hands had rather a rough demonstration of the fact. There is another hypoth- esis, which is probably the true one, and that is, that tecas was used as an affix to the names of many Indian provinces or countries to denote their inhabitants, as for instance those of Tlaxcalla were called TlaxcaUecas ; those of Cholula, Chdultecas ; those of Cuitlahuac, Cuitlachtecai'. The territory now called Texas was known to the Spanish missionaries in 1524, as Mixtecapan, and its inhabitants as Mixtecas: these were tlie descendants of Mixtecatl, the fifth of the six sons of Iztac. Mixtccatl, the reputed progenitor of the inhabitants of Mexico at the time of its conquest by Cortes. By a slight mistake in copying the word Mixtecas, and using a small instead of a capital M, by the Spaniards in the beginning of the 17th century (who it is well-known paid but little attention to the use of capital letters in their writings), it was probably written la-ttecas in the old manuscript in San Antonio, by which ex- pression some tribes of Texas Indians were then known, and thus Texas acquired its name. (See Torquemadas Monarquia Indiana. Madrid, 1723.) + 7Va (Spanish) means i?oi?/'razos, and in a few days afterward to a point near the San Jacinto river. The Design. — The object of this movement was to con- centrate all the available force in Texas in one army, and also to draw the enemy as far away from his base of sup- ))lies as possible. H I S T O R Y O F T E X A S . 57 Santa Anna Follows. — Without hesitation, Santa Anna, with the flower of his army, pursued tlie Texans, con- fident of easy victory. In Line of Battle. — On the morning of the 19th of Ajiril, the Texan army crossed over and marched down the right bank of Buffalo Bayou, to within half a mile of its junction with the San Jacinto river. Here they formed in line of battle in the edge of a grove of trees, their rear protected by the timber, while before them was the open prairie. The Twin Sisters. — A few days before this, the array of the young Republic had received two pieces of artillery as a gift from some of the citizens of Cincinnati, Ohio. These were named the " Twin Sisters," and were placed in position. Skirmishing. — On the morning of the 20th of April, and soon after the Texan General had disposed his forces, Santa Anna came marching up in battle array. A volley from the " Twin Sisters " brought him to a sudden halt, and falling back to a moat of timber a quarter of a mile distant, he formed in line of battle. During the day several skirmishes took place which resulted to the advantage of the Texans. Battle of San Jacinto. — The 21st of April dawned bright and beautiful. It was felt by those who were to par- ticipate in its stirring scenes, to be the day upon which the conflict for Texas was to be decided. On this side were ar- ranged the whole available army of Texas, numbering 750 men.* On that were the best troops of Mexico, to the num- ber of 1,800, and commanded by an able and wily General. The men of Texas were aware that everything for them de- pended upon the issue of the fight, and every heart was * See Gen. Ruck's Report. 58 HISTORY OF TEXAS. beating quick, and every nerve well strung. The men of Mexico were flushed with pride at recent successes, and felt secure of the result. Early in the morning General Houston sent Deaf Smith* the celebrated spy, with two or three men, to destroy the bridge across the Bayou over which the Mexican army had passed, thus cutting off" their only availal)le avenue of es- cape. This daring exploit was successfully executed almost in the presence of the foe. It was now determined to attack Santa Anna in his entrenchments. With the stilhiess of death the patriot army moved in three divisions to the charge. No music heralded the advance. No sound but the quick tread of determined men broke the silence. When within two hundred yards they received the volley of the enemy's advanced column without quailing, and then in- creased their pace to a " double-quick." When Avitliin seventy yards, tlie word " fire ! " was given, and six hundred Texas rifles belched forth their deadly contents. Then the shout "Alamo ! " and " Goliad ! " rang along the entire line, and they rushed forward to a hand-to-hand encounter. But Mexican valor had already given way before the impetuosity of that charge, and in a few minutes the boastful legions of the " Napoleon of the West" were in full retreat. The rout soon became general. Finding the bridge destroyed, the Mexicans plunged into the Bayou, where many were drowned or slain by the pursuers. Seven hundred dead Mexicans atoned upon that * Deaf or Erastus Smith was horn in Now York in 1787. Went to Mississippi in 1798. Came to Texas in 1817, and having returned home came again to Texas in 1821. Being hard of hearing, he hecame sih>nt and fond of solitude. He was a most efBcient and indefatigable observer of the movements of the Mexican anny during the war, and his perfect knowledge of the country, and astonishing coolness and bravery made him an invaluable scout for the patriot army. He married a Mexican lady in San Autonio, by whom he had several children. He died at Fort Bend in 18:i9. HISTORY OF TEXAS. 59 day for the butchery at the Alamo and Goliad ; and seven hundred and thirty prisoners were in the hands of the -victo- rious army. b^NTA Anna, Santa Anna Captured. — Santa Anna in vain tried to escape. He Avas discovered on the morning of the 22d, hiding in the long grass, with a blanket thrown over his head, and was taken to the quarters of Gen. Houston. 60 HISTORY OF TEXAS. QUESTIONS ON CHAPTER IX. What effect did reverses have on the people ? What did Houston determine to do? When did the army retreat ? What was the object ? Did Santa Anna follow f Where did the Texans take position ? What were the " twin sisters ? " Who gave them to Texas ? When was the battle of San Jacinto fought ? Where is the San Jacinto river ? Where is Buffalo Bayou ? Tell about the battle. How many Mexi- cans were killed ? How many wounded and prisoners ? How was Santa Anna cap- tured ? CHAPTER X. Gen. Houston Wounded. — In this battle General Houston suffered a severe wound in the ankle, from which he never entirely recovered. Interview with Santa Anna. — At the time Santa Anna was brought before him, Houston was lying on a mat- tress under a tree which constituted his headquarters. The President of Mexico, bowing low before him, said : " I am General Antonio Lopez De Santa Anna, a prisoner of war at your disposal." General Houston requested him to sit down, which he did, at the same time asking for opium. A piece of this drug was brought him, which he eagerly swallowed. He then at once proposed to purchase his freedom, but was answered : " that was a matter to be negotiated with the Government of Texas." He however persisted, saying to Houston : " you can afford to be generous, — you have con- quered the Napoleon of the West." Gen. Houston asked him " how he could expect mercy after showing none at the Alamo?" He replied that "by the rules of war, when a fort refused to surrender and was taken by assault, the prisoners were doomed to death." Gen. Houston answered that " such a rule was a disgrace to the civilization of the nineteenth century." He was then asked " by Avhat rule of war he justified the massacre at Goliad." He replied that " he had orders from his Government to execute all who were taken with arms in their hands." 62 HISTORY OF TEXAS. General Houston told him that " he was the Govern- ment — a Dictator had no superior" — also that "he must at once write an order for all his troops to abandon Texas and return home." This he did, and the dispatch was sent by a trusty messenger to his subordinates. Houston and Santa Anna. How to Dispose of Santa Anna. — This was a troublesome question. Among the soldiers the feeling ex- isted that his life could only atone for the cruelties perpe- trated by his order. But prudence as well as humanity dictated another course, and his life was spared. An agree- ment was entered into between hiiu and the President of Texas. First — That he should never again take up arms against Texas. HISTORY OF TEXAS. 63 Second — That he should order all Mexican troops in Texas to return home. Third — That he should cause to be restored all captured property. In consideration of the fulfilment of these conditions he was to be set free. When the time came for his release the storm of popular indignation was so great that President Burnet thought best to order his longer detention as a prisoner of war. His Return. — Santa Anna was liberated by Pre'sident Houston in January, 1837, and sent to Washington, D. C, whence he returned to Mexico. Results of the 21st April. — Meantime the Mexi- can army had evacuated Texas, and she M'as free. The bat- tle of San Jacinto had secured her independence. Although Mexico did not acknowledge it, the fact existed beyond the control of that power. The news of the brilliant engagement of the 21st April spread with lightning rapidity through the United States, and excited rejoicing in all directions. Meetings were held in many of the large cities, and men and money were freely offered in aid of the young nation. First Newspaper in Texas. — The first* permanent newspaper in Texas was called The Telegraph. Its publica- tion was commenced at San Felipe, in October, 1835, by Gen. Borden, Thomas II. Borden, and Joseph Baker.f Its publication was continued there until the advance of Santa Anna's army in April, 1836, caused its removal to Harrisburg, where its office and material were destroyed by * There had been one previously published at Brazoria, by Cotton, and after- wards by F. O. Gray, but its issue was temporary. t Joseph Baker was 1st Sergeant of Capt. Mosely Baker's company at San Jacin- to, and was familiarly known among hie friends as Don Jose. lie was an apt Span- ish scholar, and for years Spanish translator in the General Land Office. 64: HISTORY OF TEXAS the Mexicans. In August, 1836, new material having been procured, its issue was resumed in Columbia, from wliich place it was removed to Houston in 1837, where it is now published. Ziist of Governors of Texas u?ider Spa?ush and Mexican domination : SPANISH TBAB Domingo Teran 1661 Don Martin De Aarconne 1718 Marquis De Agnaya 1720 Fernando De Almazan 1723 Juan Antonio Bustillos 1731 M. De Sandoval 1734 Carlos De Franquis 1736 Prudencio Basteua 1728 Justo Boneo 1740 Jacinto De Barrios 1756 Antonio De Martos 1762 Juan Maria Baron De Rapperda 1770 Domingo Cabillo 1778 Rafael Pancheco 1789 Juan Bap. Elquezabal 1803 Antonio Cordero 1806 Manuel Del Salcedo 1810 Christoval Dominguez 1813 Antonio Mortinez 1818 MEXICAN Trespalacios 1822 Don Luciana Garcia 1823 Rafael Gonzalez (of Cohuila and Texas united.) 1824 Victor Blanco 1826 Jose Maria Vierca 1828 Jose Maria Letona 1831 Francisco Vidaurri 1834 Augustin Vievca 1835 HISTORY OF TEXAS. 65 Henry Smith Provisional Governor of Texas until March 17, 1836. Unanimous Declaration of Independence — By the people of Texas in General Convention* at the tovm of Washington, on the second day of March, 1836 : When a government has ceased to protect the lives, lib- erty and property of the people from whom its legitimate powers are derived, and for the advancement of whose hap- piness it was instituted ; and so far from being a guarantee for their inestimable and inalienable rights, becomes an in- strument in the hands of evil rulers for their oppression — when the Federal Republican Constitution of their country, which they have sworn to support, no longer has a substan- tial existence, and the whole nature of their government has been forcibly changed, without their consent, from a re- stricted federative republic composed of sovereign States, to a consolidated, central, military Despotism, in which every interest is disregai-ded but that of the army and priesthood, both of which are the eternal enemies of civil liberty, the ever ready minions of power, and the usual instruments of tyrants — when, long after the spirit of the constitution has departed, moderation is at length so far lost by those in power, that even the semblance of freedom is removed, and the forms even of the constitution discontinued, and so far from their petitions and remonstrances being regarded, the agents who bear them are thrown into dungeons, and mer- cenary armies sent forth to force a new government upon them at the point of the bayonet ; — when, in consequence of such acts of malfeasance and abduction on the part of the government, anarchy prevails, and civil society is dissolved into its original elements ; — in such a crisis, the first law of • Richard Ellis was President of this convention ; H. S. Kimball, Secretary. 00 HISTORY OF TEXA.S. nature, tlie right of preservation, and the inherent and inalienable right of the people to appeal to first principles, and take their political affairs into their own hands in ex- treme cases, enjoins it as a right towards themselves, and a sacred obligation to their posterity, to abolish such a govern- ment, and create another in its stead calculated to rescue them from impending dangers, and to secure their welfare and happiness. Nations as well as individuals are amenable for their acts to the public opinion of mankind. A statement of a part of our grievances is therefore sub- mitted to an impartial world, in justification of the hazard- ous but unavoidable step now taken, of severing our politi- cal connection with the Mexican people, and assuming an in- dependent attitude among the nations of the earth. The Mexican Government, by its colonization laws, in- vited and induced the Anglo-American population of Texas to colonize its wilderness, under the pledged faith of a writ- ten constitution, that they should continue to enjoy that con- stitutional liberty and republican form of government to which they had been habituated in tho land of their birth, the United States of America. In this expectation they have been cruelly disappointed, inasmuch as the Mexican nation has acquiesced in the late changes made in the government by Gen. Antonio Lopez Santa Anna, who, having overturned the constitution of his country, now offers us the cruel alternative, eitlier to aban- don our homes, acquired by so many privations, or to submit to the most intolerable of all tyranny, the combined despot- ism of the sword and the priesthood. It has sacrificed our welfare to the State of Cohuila, by which our interests have been continually depressed, through a zealous and partial system of legislation, carried on at a HISTORY OF TEXAS. 67 far distant seat of government, by a hostile majority, in an imknown tongue, and this, too, notwithstanding Ave have pe- titioned in the humblest terms, for the establishment of a separate State government, and have, in accordance with the • provisions of the National Constitution, presented to the General Congress a republican constitution, which was, with- out just cause, contemptuously rejected. It incarcerated in a dungeon for a long time, one of our citizens, for no other cause than a zealous endeavor to pro- cure the acceptance of our constitution, and the establish- ment of a State Government. It has failed and refused to secure on a firm basis, the right of trial by jury, that palladium of civil liberty, and only safe guarantee for the life, liberty and property of the citizens. It has failed to establit^h any public system of education, although possessed of almost boundless resources (the pub- lic domain) ; and although it is an axiom in political science, that unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty or the capacity for self-government. It has suffered the military commandants stationed among us, to exercise arbitrary acts of oppression and tyranny, thus trampling upon the most sacred rights of the citizens, and rendering the military superior to the civil power. It has dissolved by force of arms, the State Congress of Cohuila and Texas, and obliged our representatives to fly for their lives from the seat of government, thus depriving us of the fundamental political right of representation. It has demanded the surrender of a number of our citi- zens, and ordered military detachments to seize and carry them into the interior for trial, in contempt of the civil au- thority, and in defiance of the laws and the constitution. 68 H I S T R Y O F T E X A S . It has made ])iratical attacks upon our commerce by com- missioning foreign desperadoes, and authorizing them to seize our vessels and convey the property of our citizens to far distant ports for confiscation. It denies us the right of worshipping the Almighty ac- cording to the dictates of our own consciences, by the sup- port of a national religion calculated to promote the tem- poral interests of its human functionaries, rather than the glory of the true and living God. It has demanded us to deliver up our arms, which are es- sential to our defence — the rightful property of freemen — and formidable only to tyrannical governments. It has invaded our country both by sea and land, with the intent to lay waste our territory and drive us from our homes ; and has now a large mercenary army advancing to carry on against us a war of extermination. It has, through its emissaries, incited the merciless savage with the tomahawk and scalping-knife, to massacre the inhabitants of our defenceless frontiers. It has been during the whole time of our connection with it, the contemptible sport and victim of successive military revolutions, and has continually exhibited every character istic of a weak, corrupt, and tyrannical government. These, and other grievances, were patiently borne by the people of Texas, until they reached that point at which for- bearance ceased to be a virtue. We then took up arms in defence of the national constitution. We appealed to our Mexican brethren for assistance. Our appeal has been made in vain. Though months have elapsed, no sympathetic re- sponse has yet been heard from the interior. We are there- fore forced to the melancholy conclusion that the Mexican people have acquiesced in the destruction of their liberty, and the substitution therefor of a military government ; that HISTORY OF TEXAS / (59 they are unfit to be free, and are incapable of self-govern- ment. The necessity of self-preservation, therefore, decrees an eternal political separation. N We, therefore, the delegates with plenary powers, of the people of Texas, in solemn convention assembled, appealing to the judgment of a candid world as to the necessities of our condition, do hereby dissolve and declare that our po- litical connection with the Mexican nation has forever ended ; and that the people of Texas do now constitute A FREE, SOVEREIGN AND INDEPENDENT REPUBLIC, and are fully invested with all the rights and attributes which properly belong to independent nations ; and, conscious of the recti- tude of our intentions, we confidently and fearlessly com- mit the issue to the decision of the Supreme Arbiter of the destinies of nations. Names of the signers of the Declaration of Texan Inde- pendence, together with the names of the municipalities represented by them, and their place of birth : MUNTCIPALIir. PLACE OP BIETH. Richard Ellis, President of Convention, Virginia. C. B. Stewart, Austin. S. Carolina. Thomas Baknet, " James Collingsworth Brazoria. Tennessee. Asa Brigham, " Massachusetts. Edwin Waller, " Virginia. J. S. D. Byrom, " Georgia. Francisco Ruiz, Bexar. Bexar, Texas, Antonio Navarro, " " " Jesse D. Badgeth, " N. Carolina. William D. Lacy, Colorado. Kentucky. William Menifee, " Tennessee. James Gaines, Sabine. V^irginia. W. Clark, Jr., " N. Carolina, 70 HISTORY OF TEXAS. MUNICIPALITY. Gonzales. John Fisher, Matt Caldwell, " William Motley, Goliad. L. D. Zavala, Ilan-isburg Stephen II. Everett, Jasjjer. George W. Smyth, " Elijah Stapp, Claiborne West, William B. Scates, M. B. Menard, A. B. Hardin, Bailey Hardeman, j. w. bunton, Thomas J. Gazeley, R. M. Coleman, Robert Potter, Chas. S. Taylor, Thos. J. Rusk, John S. Roberts, Robert Hamilton, Colli y McKinney, Albert H. Latimer, Martin Parmer, E. O. Legrand, " Stephen W. Blount, *' Syd. O. Pennington, Shelby. W. Carl Crawford, '* James Power, Refugio. David Thomas, " Sam Houston, " Edward Conrad, " John Turner, B. Briggs Goodrich, Washington. James G. Swisher, " G. W. Barnett, " Jesse Gri.mes, " S. Rhoads Fisher, Jackson. Jeffei'son. a Liberty, Matagorda. Mina. Nacosdoches. Red River. San Augustine. San Patricio. PLACE OF Bir.TH Virginia. Kentucky. Virginia. Yucatan. New York. N. Carolina. Virginia. Tennessee. Virginia. Canada. Georgia. Tennessee. New York. Kentucky. N. Carolina. England. S. Carolina. Virginia. Scotland. New Jersey. Tennessee. Virginia. N. Carolina. Georgia. Kentucky. N. Carolina. Ireland. Tennessee. Virginia. Pennsylvania. N. Carolina. Virginia. Tennessee. S. Carolina. N. Carolina. Pennsylvania. HISTORY OF TEXAS 71 MUinCIPALITT. Sam. a, Maverick,* John White Bower, James B. Wood, Andrew Briscoe, John W. Moore, Thomas Barnett, PLACE OF BIRTH. S. Carolina. Georgia. Kentucky. questions on chapter X. What officer was wounded in the action of San Jacinto ? Describe the interview between him and Santa Anna. What was done with Santa Anna ? What were the terms of the agreement ? Who released Santa Anna ? When ? What were the re- sults of the fight of the 21st ? What was the name of the first permanent newspa- per in Texas 1 Where published ? Who by ? Give its subsequent history. Was any newspaper published before this ? By whom and where ? * The last sis were not present at the signing of the Declaration in Convention, but affixed their names afterward. l^ERIOD II. FROM THE INDEPENDENCE OF TEXAS IN 1836, TO ANNEXATION IN 1845. THE REPUBLIC OF TEXAS. CHAPTER XI. Texas in the U. S. Congress. — The Congress of the United States, in common with the people, looked with in- terest upon the struggle of Texas to throw off the Mexican yoke. The question of the acknowledgment of her indepen- dence soon came up, and in June, 1836, the voices of such men as Thomas H. Benton and Henry Clay were heard in advocacy of the measure. The following is an extract from an able speech delivered by the latter on the 18th of June, 1836: " If the contest has been unequal, ifhas nevertheless been maintained by Texas with uncommon resolution, undaunted valor, and eminent success. And the recent signal and splendid victory, in which the Mexican army commanded by Santa Anna, President of the Mexican government, in per- son, was totally overthrown with unexampled slaughter, — compared with the inconsiderable loss on the other side, — may be considered as decisive of the independence of Texas." A Commissioner to Texas. — On the 27th of June a resolution was adopted by Congress to send a commis- sioner from the United States to Texas. A Constitutional G-overnment. — It was now time for the people of Texas to inaugurate a constitutional government by the election of officers at the ballot-box. 76 H I S T O K Y OF TEXAS First Election. — An election for this purpose was ac- cordingly held in September, 1836, and Gen. Sam Houston was chosen by the people first Constitutional President, and M. B. I.amar,* first Vice-President, of the Republic. At the same time the people with great unanimity expressed a wish to be annexed to the United States. First Congress. — This body met at Columbia on the third day of October, 183^ It had much to do and little with which to do it. It had order to establish, money to raise, confidence to secure, protection to afford the people against the savages. The people were poor, the government iu debt, there was no law, no judiciary, and the soldiei'S were naked and almost starving. Minister to Washington. — One of the first acts of Congress was to authorize the President to appoint an agent with plenary powers to proceed to Washington, in order to negotiate for the recognition of the independence of Texas, and if possible secure her early annexation to the United States. W. H. Wharton was, under this act, appointed first Texas JNIinister to the United States. Results of the Session. — After a session of three months, the first Congress of Texas adjourned. It was an assembly of marked legislative ability. During its ses- sion, and through its wisdom, wise laws had been enacted, a judiciaryf of superior ability had been established, the army had been organized, fed and clothed, and the people had been put in possession of their civil and political rights. * Mirabcau B. Lamar was bom in Georgia in 1798. lie came to Texas in 1835. He served with distinction in tlie Texas revolution, and afterward in the Mexican •war. He was first Vice-President and second President of the Republic of Texas. He died in 1859. General Lamar possessed tine literary taste, and was the author of a book of poems called " Verses Memoriales." In the appendix to this book will be found one or two articles from his pen. t Judge B. C. Franklin was, by the government ad interim, constituted the first judge in Texas with common law and maritime jurisdiction.— rbai-w/zi. Vol. 2, p. 199. HIST OK Y OF TEXAS. 77 QUESTIONS ON CHAPTER XI When did the question of the independence of Texas first come up m the Con- gress of the U. S ? What able man advocated it among others ? What agent was appointed by Congress in June ? When was the first constitutional election held in Texas ? Who were elected ? What wish did the people express at the ballot- box ? When did the first Congress of Texas meet ? What was one of its first acts 1 What were some of the results of this session ? Who was the first Judge in Texas having common law and maritime jurisdiction ? CHAPTER XII. Mexico still Claims Texas. — Although Mexico had been compelled for the time to cease hostilities against Texas, she was nevertheless far from acknowledging her independ- ence. Dissensions at home kept her sufficiently occupied to prevent any formidable invasion. But the Mexicans did not scruple to excite the Indians, especially the Comanches, to continual acts of treachery and violence against the set- tlers of Texas. What the Indians were Told.— The Indians were told, and made to believe, that the whites intended to exter- minate them or drive them ^rom their ancient hunting- grounds. The pioneers were therefore compelled, for years after hostilities had nominally ceased with Mexico, to be continually on the alert to repel the attacks of savages. Gen. Houston Resigns. — After the battle of San Jacinto, Gen. Houston, bring incapacitated by his wound from active service, relinquished the command of the army to Gen. Thomas J. Rusk, who had previously been Secretary of War. Rusk Appointed to the Cabinet. — After the in- auguration of Gen. Houston to the Presidency, he appointed Rusk* to a seat in the Cabinet, which left the command of the army in the hands of Gen. Felix Houston. * Thomas Jefferson Rusk was one of the noblest sons of Texas. lie was bom in South Carolina in 1803. lie was educated for the law, and having removed to Georgia, he was then distinguished, at the age of twenty-nine, as one of the first HISTORY OF TEXAS. 79 House in which First Congress Met. Second Session of First Congress. — On the first day of May, 1837, the second Congress of Texas met at Houston, which town had been laid off the year before, and named in honor of the President. Accommodations at Houston. — It may therefore reasonably be supposed that in a town not yet a year old, lawyers in that State. In 183.5, he came to Texas and settled at Nacogdoches. In 1836, he was elected a delegate to the convention at Washington, and by that body was chosen Secretary of War. In the battles which followed, General Kusk took an active and distinguished part, and General Ilouston being disabled by his wound received at San Jacinto, he was made Commander-in-Chief of the army. In Novem- ber, 1836, he was appointed to a seat in the Cabinet. The Congress ot 1838 elected him Chief Justice of the Supreme Court, which position was vacated by the death of James Collingsworth. In 1843, Rusk was elected Major General of State Militia. In 1845 he was president of the convention which assembled at Austin to frame a State Constitution. In 1846, the first Legislature of Texas elected him U. S. Senator, which position he filled with marked ability and satisfaction to the people of Texas until his death in 1857. Thomas J. Rusk was one of those men whose death was the signal of mourning to a host of friends. Modest in his manners and disposition, social and domestic in his habits, and of a warm and generous nature, he was indeed one of nature's noblemen. 80 HISTOKY OF TEXAS. jind in the wilderness, the accommodations for the officials of the nation were neither extensive nor magnificent. A writer says : " The President's mansion was a log cabin consisting of two rooms or pens, the one having a puncheon floor, the other a floor of earth. Yet in that humble dwell- ing the representatives of the young Republic, and many visitors, among whom were the British envoy, Crawford, and the distinguished Audubon, attended the levees."* Independence Acknowledged by United States. — On the first day of March, 1837, the Congress of the Un- ited States, after a warm discussion, passed a resolution ac- knowledging the independence of Texas. This recognition, by one of the leading powers of the world, greatly contrib- uted to the confidence of the citizens at home, and the re- spectability of the Republic abroad. Annexation put off. — While hostilities continued be- tween Texas and Mexico, the question of the annexation of Texas, involving as it would the alternative of a war with Mexico, was dismissed from the halls of the United States Congress. Border Warfare. — Meantime a predatory warfare was continually waged against the people ol Texas by the Mexi- cans and their Indian allies, along the Rio Grande frontier, and in Northwestern Texas. IVIexican Privateers. — Several war vessels were also equipped and sent out by Mexico, to hover about the Texas coast, and destroy her commerce ; but the Texas navy was soon more than a match for that C)f her adversary. * The writer of these pnges may be here permitted to remark that when he rcnched Austin, which was shortlj' after the scat of 3 HISTORY OF TEXAS. N'cil, and E. INIorehouse, Commissioners on the part of the Iiepublic of Texas, and certain chiefs, headmen and warriors of tlic tribes of Indians aforesaid, on the part of said tribes — which treaty is in the followinsf words, to wit: '* Whereas, Hostilities have heretofore existed betAVoen the White and Red men of Texas, to the injury of both ; and whereas, a longer continuance of such hostility would lead to no benefit to either, but increase the evils which have unhappily rested upon the two races ; and, whereas, both parties are now willing to live in peace, harmony and trade, and are desirous of establishing certain solemn rules for the regulation of their intercourse." Therefore, etc. The treaty then goes on to say in substance, that the In- dians shall always be friendly ; shall not make war upon, nor permit any of their number to make war upon the whites, nor kill them, nor steal from them; neither shall they make any treaty with any tribe or nation who shall make war upon the people of Texas ; nor shall they kill any women or children under any circumstances ; and in case a war should ever arise between them and any other nation or people, they shall never kill any person bearing a white flag ; also in case any property shall be stolen from the whites, it shall be promptly restored. And the Government of Texas agrees on its part to establish trading posts on the frontier, to supply the Indians with guns, powder, blankets, cooking utensils, and other articles necessary to their comfort and convenience, and that they will not cheat or defraud them, nor permit any agent to do so ; nor Avill they sell to the In- dians any whisky or other intoxicating liquor ; and they \f\.\\ send them schoolmasters and missionaries to instruct them in the English language and the Christian religion. " It is also agreed that in case any trouble shall arise between the two races, the Indians shall send an agent with a flag of HISTORY OF TEXAS. 103 truce to the President of Texas, who will remove the cause of the trouble ; and the President shall, from time to time, make such regulations as shall be best for the peace and happiness of the tribes. " It is finally stipulated that there shall be a general council held once a year, when the chiefs of the Indians and the officers of the Republic of Texas shall meet and consult together." ■* This treaty is signed by the following tribes, to wit : Comanches Pochanaquahip, ^ Monepachacope, | Chomopadua, V War chiefs and chiefs. Anoketchtowee, j or White Plume, j Keohis Tecarkequache, ^ Acarquash, I .^r u- r j v.- i? Wacoes Nahashtowee, > ^^'^ ^^^^^^ ^"^ ''^'^^'- or Lame Arm. Caddos Charstuscowow, Binchah, V Chiefs. Red Bear. ) Anadahkahs .... Jose Maria Chief. lonies Bead Eye Chief Delawares San Luis, ) ^^j^.^fg^ Roasting ii,ar, ) Shawnecs Black Cat Chief. Tahwahkarros. . . . Nakawa, ) Castilla, >• Captains. Toyakara, ) Caddos Codah, Tall win, Ishshahomo, )- Captains. Chawah, Decatur. Cherokees Oukstahalah Chief. I 104 HISTOliY OF TEXAS. Lipans Ramon Castro, ) pi • f Capital! Cliico. [ Signed by the Interpreters. Ansox Jones, President of Texas, The above treaty was concluded and went into effect in February, 1845. lAst of the Presidents of the Bepuhlic of Texas : David G. Buknet, President ad interim 1836 Sam Houston 1836 MiKABEAU B. Lamar 1838 Sam Houston 1841 Anson Jones 1844 QUESTIONS ON CHAPTER X^^II. When was Doctor Anson Jones elected President ? Who Vice-President ? Tell about the Regulators. The Moderators. When was annexation accomplished ? Who was President of the U. S. ? Who signed the joint resolution before retiring from office ? When did the measure pass the House ? The Senate ? When did the people of Texas endorse it ? Who wrote a letter of congratulation ? To whom ? What treat}' was made in February, 1845 ? With what tribes of Indians ? What cflFect did it have 2 PERIOD III. FROM 1845 to 1870. THE STATE OF TEXAS, CHAPTER XIX. RECAPITULATION. First. — We have briefly traced the history of Texas from the time when the adventurous La Salle set foot upon its shores. We have seen how, when the French colonists had failed to establish themselves, the Spanish sent out their priests and soldiers, and planted their missions at a great expense throughout the vast territory. We have marked how, after a century of Spanish and Mexican misrule, no advance had been made in Christianity or civilization ; and the resources of Texas were still undeveloped. Second. — We have seen the Anglo-American settlers come from the older States, and with a will that has never been thwarted, build their dwelling-houses, their churches, and their school-houses in the wilderness. We have seen these sturdy colonists, with one ai"ra warding off" the arrow of the savage, and with the other tilling the soil, going steadily onwai-d, and increasing in numbers. Again we have beheld how, when the yoke of Mexico had become in- tolerably oppressive without affording them any protection, the brave yeomanry of Texas banded together, and with a united and mighty effort, drove the minions of that dynasty from its borders. Third. — We have seen the infant Republic, after having achieved her independence, standing for years in poverty and rags, ani tremblingly knocking for recognition at the 108 H I S T O K Y OF TEXAS. doors of the mighty nations of the earth. At length, after many delays, Ave have had tlie satisfaction of beholding, one after another, these doors opened, and the right hand of fel- lowship extended by these nations, until at last, impelled by ties of consanguinity, Texas has been received and acknowl- edged a member of the family of the United States. Finally. — It remains for us to recount the princiiDal events in the history of Texas since slie became one of the sistei'hood of these States. Convention of 1845.* — In July, 1845, the convention elected by tlie people of Texas to frame a State Constitution, assembled at Austin, It was an able body of men, and the object of their meeting was performed well and faithfully. Gen. Rusk's Remarks. — Upon opening the Conven- tion, Gen. Rusk spoke as follows : " We should have one object in view, and that is to enter the great Confederacy with becoming dignity and respect. Let us lay aside all minor considerations, and avoid all subjects calculated to divide us. Let us march boldly and consistently up to the formation of a State Constitution which shall secure to us our rights ; shall satisfy our friends abroad ; and shall meet the approbation of that God to whose bountiful providence >ve are so much indel)ted." Constitution Adopted. — The Constitution framed Ijy this Convention was submitted to a vote of the people, and adopted in November, 1845, and at the same time, J. Pinck- ney Hendersonf was elected first Governor, and on the * Thomas J. Rusk was President of this convention, and James H. Raymond, Secretary. + James Pinckney Henderson was born in North Carolina in 1809. Re studied law, and was admitted to the bar at the age of twenty-one. In 1836, he raised a com- pany of volunteers in Mississippi, and came to Texas. In November. 18.30, he was appointed .Vltorney-General of Texas. In ISo", he was appointed Minister Pleni- potentiary from Texas to Ent;land and France, to secure the recogniliou of Texas by tlir)se jiowers. lieturning to Texas in 1810, ho resumed the practice of law. In 184-1, he was appointed one of the Envoys to Washington, to negotiate a treaty of HISTOKY OF TEXAS. 109 same ticket, A. C. Horton,* first Lieut.-Govenior of the State of Texas. Henderson's Administration commenced under favorable circumstances. The annexation of Texas to the United States at once gave to the former credit abroad, as well as a feeling of security among her citizens. Although a heavy debt was pressing upon her, its payment was no longer a doubtful question. Her immense public domain was in itself a mine of wealth. Therefore she offered in- ducements to settlers equalled by no other State, and the tide of immigration rolled uninterruptedly to her borders. War -with Mexico. — The dynasty of Mexico was not willing to see the highly-prized territory of Texas slip from her grasp without an effort to retain it. The Mexican Minister at Washington (Almonte) demanded his passports, and the American Minister at Mexico was refused official intercourse, on account of the annexation of Texas. Presi- dent Herreraf issued a proclamation declaring " that the annexation of Texas to the United States in no respect affected the rights of Mexico to the former, and that she would maintain it." The Question Settled. — The war between Mexico and the United States followed. Its result is well known to our readers. In this struggle the Texans took an active part, and the Rangers of the " Lone Star State " won many laurels upon bloody fields. In the treaty made at the con- annexation. In 1845, he was elected a delegate to the convention to frame a State constitution. In November, of same year, he was elected first Governor of Texas. The war with Mexico breaking out. Gen. Henderson took command of the Texas troops, and served with ability and distinction until its close. In 1857, he was elected by the Legislature to the Senate of the United States in place of the lament- ed Rusk. In spite of feeble health, he repaired to the National Capital, but had scarcely entered upon his duties when he was stricken down by the hand of death. * During the absence of Governor Henderson, the executive affairs of Texas were managed with dignity and wisdom, by acting-Governor A. C. Horton. + President of Mexico. no HISTORY OF TEXAS. elusion of this war,* Mexico forever renounced all claims to the territory of Texas. Wood's Administration. — George T. Woodf was elected second Governor of Texas, and John A. Green, Lieut. Governor, in 1847. The administration of Wood was marked by few events of note. Texas was at peace. The laws were respected. The Indians were comparatively quiet, and population and wealth were flowing into the State with great rapidity. 1847 to 1849. — The proceedings of the first and second Legislatures were chiefly directed to putting into successful operation the machinery of the new State Govern- ment. Courts were established, public buildings erected or projected, counties organized, towns incorporated, and other growing wants of the new commonwealth provided for. * Treaty of Guadaloupe Hidalgo.— On the second day of February, 1848, the treaty signed by the Mexican Commissioners and Mr. Trist, at the city of Guada- loupe Hidalgo, stipulated that the boundary line should "commence at the mouth of the Rio Grande, three leagues from the land; thence running up the middle of said river to the southern boundary line of New Mexico ; thence running along Baid boundary to its western terminus ; thence north along the west boundary of Kew Mexico, totheiiist branch of the river Gila; thence down said river to the Rio Colorado ; thence crossing said latter river and following division line between Upper and Lower California, to the Pacific Ocean at a point one league due south of the southernmost point of San Diego." The treaty also stipulated that " the inhab- itants of the territory thus ceded to the United States should be forever protected in rights of person ard property ; and ae soon as practicable, be admitted to citi- zenship in the United States, and the United States should pay to Mexico the sum of fifteen million dollars in money." t George T. Wood was a native of Georgia. He came to Texas in 1&36. He was a Senator in the first Texas Legislature, was in the Mexican war in command of a regiment of Texas volunteers, and was elected Governor in 1847. He died in Panola county, Texas. QUESTIONS ON CHAPTER XIX. Give a summary of the history of Texas up to this time. When did the first Constitutional Convention for the State of Texas meet ? Where ? Who was President ? Secretary ? Give Gen. Rusk's remarks on opening the Convention. When was the Constitution framed ))y the Convention adopted ? Who was elected first Governor ? Lieiit. Governor? What was the condition of Te.xas at the be- ginning of th«! State Government ? How did Mexico regard the annexation of Texas 1 What did the President of Mexico say ? How was the question as to the right of Mexico settled ? Who was second Governor and Lieut. -Governor ? When elected ? What was done bv the first and second Legislatures of Texas ? CHAPTER XX. Bell's Administration. — P. Hansboro Bell* was elected Govei'nor, and John A. Greer, Lieut.-Governor, of Texas, in 3 849. In 1851, Bell was re-elected, at which time J. W. Hen- derson was elected Lieut.-Governor. The Boundary Compromise. — This was the matter of the greatest moment which transpired during the two terms of Governor Bell. In 1850, the Congress of the United States agreed to pay to the State of Texas ten rail- lion dollars, upon condition that the latter should cede to the territory of New Mexico a portion of her Northwestern boundary. An election having been ordered for the purpose, the people of Texas voted to accept the terms offered, and the bargain was concluded. Texas in Easy Circumstances. — This gave to Texas abundant means to pay her indebtedness, and embark with bright prospects upon her future career. Indian Affairs. — In January, 1850, the Indian tribes having again become troublesome, the Legislature of Texas adopted a joint resolution, asking indemnity for depreda- * p. Hansboro Bell was a native of Virginia. He came to Texas in 1837. He was for some time in command of the Texas troops upon the Indian frontier. He was elected Governor of Texas in 1819, and again in 1851. He was elected repre- sentative to U. S. Congress in 18.53. and again in 1855. After his marriage, which look place while he was Representative in Congress, he removed from Texas to Korth Carolina, where he now resides. 5* 112 HISTORY OF TEXAS. tions committed by Indians upon the border settlers, and asking an adequate force for their protection. In September, 1850, the Legislature passed a joint reso- lution demanding the removal from the limits of Texas, of all Indians who had migrated thither from territories of the United States. Public Buildings. — During Bell's official term, the State Capitol, the State Treasury building, the Comptroller's office, and the General Land office, were erected at Austin. The last has since been enlarged, and converted to the use of the Supreme Court. J. W. Henderson's Administration. — Governor Bell was elected to Congress in August, 1853, and between his retirement from the executive office and the inauguration of Governor Pease, in December, the affiiirs of Texas were administered by J. W. Henderson, acting Governor. Colony Claims Settled. — The third Legislature of Texas passed an act to settle the claims of the colonists in- troduced into Texas, under contracts between the Republic of Texas, and Peters, Castro, Fisher, and Miller, and others. The law granted to heads of families, under certain condi- tions, 640 acres, and to single men, under same conditions, 320 acres. Pease's Administration. — Elisha M. Pease* was elected to his lirst Term as Governor of Texas, in 1853. At the same time, Doct. D. C. Dickson was elected Lieut.-Gov- * Elisha M. Pease was bom in Connecticut in 1812. lie was educated to the pro- fession of the law. lie came to Texas in 1835. He was Secretary of the General Consultation at San Felipe, in 1853. He was chief clerkin theNavy, and also in the Treasury Department under the government ad intenm, holding the latter post un- til the adjournment of the first Congress. In .Tune. 1837, ho was appointed Comp- troller of Public Accounts, by General Houston. This he resigned in December, 1837. After annexation. Gov. Pease was elected successively to the House in the first and second Legislatures of Texas, and Senator in the third Legislature. In 18.53, and again in 1855, he was elected Governor. In 1807, he was by General Sheri- dan, appointed Provisional Governor, which post he resigned in 1869. He now re- sides at Austin, Texas. HISTORY OF TEXAS. 113 ernor. Pease was re-elected in 1855, unci Hardin R. IJun- nels, Lieut.-Governor, at same time. During Pease's two terms, much of importance to Texas was accomplished. Debt of the Republic Canceled. — During this period the debt of the Republic of Texas, or the " revolu- tionary debt," as it was called, was finally settled, and Texas stood before the world with a balance sheet in her favoi'. The Asylums Founded. — In 1855-6, three humane institutions for maintaining and educating the deaf and dumb, and the blind, of Texas, were established and put into operation ; and steps were taken for the erection of a hospital for the insane. One hundred thousand acres of land were set apart as a permanent capital for the support of each of these asylums. Other Public Buildings. — The New Land Office and the Executive mansion were also built about the same time. Criminal Code. — During Pease's term, the penal code and code of criminal procedure of Texas, substantially as they now exist, were adopted and put in force. A Permanent School Fund. — The fifth Legislature, in accordance with Executive recommendation, appropriated $2,000,000 of the U. S. bonds received in settlement of the Northwest boundary compromise, as a permanent school fund. This was the first practical step in the direction of establishing common schools in Texas. Railroad Act. — The fifth Legislature also passed a law granting to railroads sixteen sections of land per mile, for every mile of road in actual operation, after the com- pletion of the first twenty-five miles ; also, tendering to them a loan of money under certain conditions. This law ll-i HISTORY OF TEXAS. had the effect to give a great impetus to the railroad inter ests of Texas. Cart War. — In 1856, occurred what is known as the Cart war. The principal hauling of goods from the coast to San Antonio, had been done by ^Mexican teamsters with their carts drawn by bullocks. These teamsters were em- ployed on account of the low wages for which they Avere willing to work. The Texan wagoners, unable as they said to work for the same prices, brought about several minor collisions with the Mexicans, which at length resulted in general hostilities between the teamsters. Several were killed, and affairs assumed so serious an aspect that the Governor was forced to order out the State troops to sup- press the trouble. Indian Reserves. — With a view of encouraging friendly relations with the Indians, the fifth Legislature of Texas passed an act setting aside twelve leagues of land for the sole use of the various Indian tribes. Upon this terri- tory the Federal government was invited to establish posts and trading stations. An Indian agent was appointed to carry out the plan of locating the Indians, and protecting them in their rights. These measures of pacification seemed for a time to promise well, but bad management on the part of the whites, and bad faith on that of the savages, has since resulted in re- peated collisions, which have caused the abandonment of the reservations. Important Law in Regard to Wills. — In Jan- uary, iSoC), the Lc'gishituri' ol' Texas })assi'(l tlie following act : " All persons are hereby authorized and permitted to dispose of their own estates, real and personal, by wills or otherwise ; and the 13th and 15th sections of the act of January 28, 1840, and all others conflicting with this, shall HISTORY OF TEXAS. 115 be and are hereby repealed." Previous to this time, a testa- tor having children, could not legally disjjose of more than one-fourth of his property, except for certain purposes specified in the law. QUESTIONS ON CHAPTER XX. Who was elected Governor of Texas in 1849 ? Who Lieut. -Governor ? Who in 1851 ? What compromise was effected in 1850 ? What was done about Indian af- fairs ? What public buildings were erected during Pease's administration ? When was Bell elected to Congress ? Who was acting Governor ? What was done about colony claims ? Who was made Gofernor in 1853 ? Who Lieut.-Governor ? Who in 1855 ? What debt was canceled at that time ? What asylums were founded in '55-6? How were they provided for ? What other public buildings ? What was done for common schools ? What for railroads ? What important laws were made ? What war took place in 1855 ? Tell about it. Tell about the Indian reservations. What railroad acts were passed by fifth Legislature i CHAPTER XXI. Runnels' Administration. — Hardin K. Runnels,* was elected Governor, and Frank R. Lubl)ock, Lieut. -Gover- nor, of Texas, in 185V. Public Buildings. — During Runnels' term, the State Lunatic Asylum, two miles north of Austin, was erected. A new edifice for the institution for the education of tho blind was also built. The proceedings of the Legislatures of 1857 and 1858, exhibit little of special interest. Sectional Hostilities. — During the years 1857 to 1860, the 8})irit of bitterness wliich had long existed between the Northern and Southern LTnited States on the question of slavery, was sensibly felt in Texas politics, and yearly in- creased in intensity. Election of 1859. — In this election, the candidates presented to the people of Texas for the gubernatorial chair were IL R. Runnels, who had held the office one term, and General Sam Houston. The canvass was wai-m and excited, and resulted in the election of Gen. Houston, who was in- augurated in December of that year. Col. Edward Clark was at the same time elected Lieut.-Governor. Cortina War. — Soon after Houston became Gover- nor, troubles broke out upon the Rio Grande frontier, in * Hardin R Runnels was born in Mississippi. Came to Texas abont the year 1842. Was Speaker of the House of Representatives in 1853. AVas Lieut.-Governor of Texas (luring Pease's second term of office. Was elected Governor in 1857. He uow resides in Bowie county, Texas. HISTORY OF TEXAS. 117 consequence of depredations committed by the Mexican ad- venturer, Don Juan N. Cortina* and his followers, number- ing near four hundred men. Much excitement prevailed in western Texas, and many volunteered for a campaign. By authority of the Legislature, troops were called out, and vigorous hostilities were entered upon against the insurrec- tionists, which, in a few months, resulted in driving them across the borders into Mexico. Disunion in Texas. — The election of Abraham lAn- coln to the Presidency of the United States in the fall of 1860, was the signal for the outbreak of the storm which had been so long gathering over the American Union, and its thunders were soon heard in Texas. Its culmination was delayed by the prudence of the aged and clear-headed states- man who was then at the head of the Texas State Adminis- tration. The cry for secession, which at first was by no means general, rapidly gained strength. An Extra Session. — Governor Houston for some time withstood the efforts made to induce him to convene the Legislature in extraordinary session. He issued an address, saying in effect : " that he desired to conform to the Avill of the people ; that he believed the people should take a firm stand in defence of their rights, but that he opposed the in- dividual secession of States ; and to secure united ac- tion, he recommended a consultation of all the Southern States." The Governor too Slow. — But the calm advice of the Executive by no means comported with the haste of the friends of secession. His position was considered unde- cided and temporizing ; and they insisted upon immediate action. * J. N. Cortina, a man of singular daring and energy, is still from time to time exciting public attention in Mexico lis H I S T O K Y OF TEXAS, QUESTIONS ON CHAPTER XXI. Who was elected Governor in 1857 ? Who Lieut. -Governor ? What public buildings were erected during that and the next year ? What feeling gained ground between 1857 and 1860 ? Who was elected Governor in 1859 ? Who Lieut. -Gover- nor ? What trouble took place on the Rio Grande border ? Tell about it ? What was the signal for secession ? What was the position of Governor Houston ? What did he say in his address ? Did this advice suit the friends of secession ? CHAPTER XXII. A Convention. — A call was made by sixty-one indi- viduals for a convention to meet at Austin. Upon this call, and in obedience to its recommendation, an election was held, and delegates chosen. This assembly convened at Austin on January 28th, 1861. The Legislature Convened. — Governor Houston, meanwhile, in order to secure a full expression of the will of the people, and also to avoid a collision between the State authorities and the convention, issued his proclamation call- ing together the State Legislature, which assembled at Aus- tin, January 22d, 1861. The Governor's Message. — When the Legislature had organized, the Governor addressed them a message, saying : " that he did not approve the calling of a conven- tion at that time ; that he believed that by calmness and prudence the union of the States could yet be preserved." The Legislature Endorses the Convention. — But the Legislature, by a joint resolution, sanctioned the meet- ing of the convention, which a few days afterward assem- bled. Secession Accomplished. — An ordinance of seces- sion was, upon the 5 th day of February, 1861, passed by the Convention by a vote of 166 ayes, to 6 nays. This ac tion was submitted to the people for ratification or rejection, ou the 23d day of the same month ; and was endorsed by a 120 IIISTORYOFTEXAS. vota of 34,794 for secession, and 11,235 against. Tlie vote of Texas, in the presidential election the previous fall, had been 63,000. The Southern Confederacy. — On the 5th day of March, 18C1, the Convention instructed delegates from Texas to apply for her admission into the Southern Confed- eracy. The Convention also passed an ordinance requiring all officers of the State Government to appear before that body, and take an oath of allegiance to the new govern- ment. Governor Houston Declines. — This ordinance not being complied with by the Governor, the Convention de- clared his office vacant, and directed Lieut. -Governor E. Clark, to assume the Executive duties. The Secretary of State, E. W. Cave, and the Superintendent of the State Lunatic Asylum, Doct. B. Graham, also failing to take the required oath, were removed by the incoming Governor. Gov. Houston Retires. — Governor Houston left* his official chair on the 18th day of March, 1861. This was the end of his public career. He retired to the privacy of his home in Huntsville, Walker county, where he died in July, 1863. His IVEemory. — His well-earned fame, and the remem- brance of liis virtues, are alike the property of his country- men. The praise of the historian is not needed to magnify the one, nor could his silence or his censure detract from the other. * The Convention of 1866 passed an ordinance recognizing; his claim to his oftlco and salary, during the unexpired term, and ordered the payment of the amount. The following is the ordinance : ^'Resiolred, That his Excellency, A. J. Hamilton, Provisional Governor of this State, be authorized and requested to cause to be paid out of any money in the Treasury of this State, not otherwise appropriated, to the widow of CJen. Sam Houston, the sum of nineteen hundred and twenty-five dollars, the amount due him as Governor elect of this State for the full term for which he was elected." Passed March 27, 1866. H I S T O li Y OF TEXAS. 121 Clark's Administration. — On the 18th day of June, 1861, Governor Clark* issued a proclamation forbidding all intercourse with people of the Northern States, suspend- ing all existing contracts, and declaring null all that should be made during the war ; also warning all citizens of North- ern States to depart from Texas within twenty days. QUESTIONS ON CHAPTER XXII. How was the call for a convention made ? When did it meet ? When did the Governor call the Legislature ? Whj' did he call it ? What message did he send to it ? What did the Legislature do ? What was done, Feb. 5, 1861 ? Did the people ratify? By what majority ? What had been the vote of Texas the fall before? What did the Convention do, March 5, 1861 ? Did the Governor comply ? Who then became Governor ? What other 'officials declined to take the oath ? When did Gov. Houston retire ? When did he die ? What about his memory ? What procla- mation did Gov. Clark issue, June 18, 1861 ? * Edward Clark is a native of Georgia. He was a member of the Constitutional Convention of 1845. He was a member of the House in the first Legislature of Texas, and Senator in the second. He was Secretary of State under Governor Pease. He was elected Lieut. -Governor in 1859, and became Governor on the re- tirement of Gen, Houston, in 1861, He now resides in New Orleans, La. CHAPTER XXIII. Lubbock's Administration. — The election of Au- gust, 1861, resulted in the choice of Frank R. Lubbock,* for Governor, and John M. Crockett, for Lieut.-Governor of Texas. This administration Avas inaugurated the next De- cember. During Lubbock's terra of office all the energies of the State were directed to furnishing soldiers for the army of the Confederate States, and contributing to their support. Not less than sixty regiments, containing as many men as there were voters in the State, were by conscription and voluntary enlistment, enrolled for military duty. Army Supplies. — The fertile plains of Texas produced during the years 1862-3 and 4, more than usually abundant crops. Tmmcnse quantities of breadstuffs were by her an- nually furnished to the armies in the field. Tens of thou- sands of cattle were also yearly driven from her prairies across the Mississippi river to feed the soldiers of the Con- federate States. The Sibbley Expedition.— In 1862, an unfortunate expedition was set on foot against the U. S. military posts in New IMexifO. The command consisted of thirty-five * Frank K. Lubbock is a native of South Carolina. He rame to Texas in 18.3fi. lie waf for a stiort time Comptroller of Public Accounts, during the existence of the Republic of Texas. lie was for many years Clerk of the District Court of Harris county, which position he filled with marked ability and fidelity. He was elected Governor of Texas in 1861. He npw resides in Houston, Harris qounty, Texas. HISTORY OF TEXAS. 123 hundred volunteers under the general command of Gen. G. H. Sibbley. After many privations and much hard fight- ing, the expedition returned, having lost many of their number, and failed to accomplish the object of their mis- sion. Galveston Taken. — In October, 1862, Galveston island surrendered to the U. S. forces under Commodore Renshaw. Again Occupied. — During the latter part of the year 1863, the coast of Texas, from the lower Rio Grande as far east as the bay of Matagorda, was temporarily occupied by the Federal forces under General Banks. Galveston Re-taken. — On the night of January 1, 1863, Galveston was re-taken by the Confederate forces under General Magruder. Several Federal gunboats were de- stroyed, and a part of the Forty-second Massachusetts regi- ment taken prisoners. Blockade Running. — Many cargoes of valuable as- sorted merchandise were successfully run through the lines of the blockading squadron into Texas ; and many wagon- trains, loaded with ai'ticles of necessity and luxury, were transported overland by way of Mexico. By these means, those who were possessed of sufficient money, especially in western Texas, were able to obtain many articles of comfort and domestic utility. Paper Money. — The paper money of the State of Texas, and the treasury notes of the Confederate States, which at first passed current at something near the value of gold, rapidly depreciated in value, and in 1864, became more worthless than had been the " red-hacks " of the Republic, representing at last but two-and-a-half cents on the dollar, or forty for one. Gold and silver coin had suddenly disap- 124 HISTORY OF TEXAS. peared from circulation early in the war * but after its close, reappeared almost as suddenly. QUESTIONS ON CHAPTER XXIH. Who was elected Governor of Texas in 1861 ? Lieut.-Governor ? What was done during Lubbock's term ? How many troops did Texas furnish ? What is said about the supplies furnished by Texas ? What expedition was sent out by Texas in 1862 ? Was it successful ? What part of Texas was taken by Federal troops ? When ? Was it held by them during the war ? When retaken ? What other in- vasion occurred ? What about blockade running ? What other mode was adopted to bring supplies to Texas ? What about the paper money then in circulation ? * The following will give the reader some idea of the value of paper money in Austin, in 1864. The only apology given for its introduction is that it gives a true picture of the currency at that time. Scene is laid in a first-class drug-store in Austin. Enter Proprietor and Clerk : Prop.—" John, what is Confederate money worth to-day ? " John.—" Forty for one." Prop.— "Please go around to the tax-ofBce and see if any taxes are due to-day." Clerk goes out and soon returns. John— "Yes, sir; there are several taxes due to-day— namely : quarterly tax on sales, thirty per cent on profits, five per cent ad valorem, and income tax, amounting in all to ten (10) thousand dollars." Prop. — "All right, pay them." Enter customer. Cust.— " Got any quinine ? " Prop. — "Yes." Cust. — "IIow much an ounce ? " Prop. — " Two hundred and fifty dollars." Cust. — " How do you take Confederate money V Prop. — " Forty for one. for old issue.'''' Cust. — " How much for new issue .? " Prop.—" Twenty for one." Cust. — " How much for one hundred dollar bills ? " Prop. — " Interest or non interest ? " Cust. — "Non-interest." Prop.—" Forty for one, with an additional discount of thirty-three and a third per cent, and ten per cent further deduction for each month since July." Cust.- "How much would that be ?" Prop.— "Don't know— figure it up yourself." Cust.—" How do you take State warrants ? " Prop. — "Same as new i*\ State was in conij^arative quiet. The State Treasury Robbed. — On the night of the 11th June, 1865, a band of armed men entered the State Treasury building at Austin, and having cut open two of the safes, rifled them of the money therein. The amount thus taken is not positively known. Hamilton's Administration. — A. J. Hamilton. f who ♦ The proclamation above alliided to was not regarded. t A. J. Hamilton was born in ]\I:idison county, Alabama, January 28, 1815. Was admitted to the bar in 18-tl. Was marrifd in iai3. He came to Texas in 1810. Set- tled first in Lajraniie, and moved to Austin in 1849. In 1849 he was apiiointed by Governor Bell, .\ttorncy-Ooneral of Texas. In 18.51, was elected Representative to the State Lei^islature from Travis county, and served in the same capacity in 18.")2. Tn 18.56, was chosen elector on the Buchanan ticket. In 18.59 was elected as an in- dependent candidate, Representative to Congress from the Western district of HISTORY OF TEXAS. 127 had ill the meantime been appointed by President Johnson, Provisional Governor of Texas, reached Galveston, and on the 25th day of July, 1865, proclaimed his authority, and in the fall following, ordered an election for a reconstruction convention. lEmancipation. — General Gordon Granger issued his general order declaring free the slaves of Texas on the 19th of June, 1865 ; and each anniversary of this day is celebrated by the colored people of this State. An Amnesty. — An oath of allegiance to the Federal Government was required to be taken by all citizens of Texas ; and a general amnesty, with some exceptions, was granted. Financial Condition. — A committee* appointed in July, 1865, to examine into the finances of Texas, reported the total indebtedness of the State to be $8,714,065.67. This amount includes the war debt, which was afterward declared void by the Convention ; leaving the debt proper of the State less than half a million dollars. Cash on Hand. — The amount of cash on hand at the same time, as shown by report of James H. Raymond, was 1419,065.37. Reconstruction Convention. — This Convention, Texas, defeating Gen. T. N. Ward, the Democratic norniuee. Gen. Hamilton was one of the few from the South who stood at their posts in Congress, until after se- cession was accomplished. He returned to Austin in March, 1861, to find himself the Union candidate for the State Senate, from the counties of Travis, Ha3's, and Bastrop. To this post he was elected, hut did not take the requisite oath, nor ap- pear in the Senate Chamber. In 1862, Gen. Hamilton left his home in Texas, and went by way of Mexico to Washington city. In November, 1862, and again in Sep- tember, 1863, he was appointed Brig.-Gen. of volunteers, and Military Governor of Texas. In June, 1865, he was appointed by President Johnson, Provisional Gover- nor of Texas, which post he held until May, 1866. In 1867, he was appointed As- sociate Justice of the Supreme Court, which post he held until September, 1869. Gen. Hamilton was elected a delegate to the second Reconstruction Convention, which assembled at Austin, in June, 1868 ; and was an acknowledged leader in that body. He now resides at Austin, Texas. * B. M. Pease and Swantc Palm. 6 128 HISTORY OF TEXAS. elected by virtue of the proclamation of Gov. A. J. Hamil- ton, assembled at Austin, February 10, 186C. An ordinance was adopted declaring the secession of Texas a nullity, and renouncing all future right to secede. Another was adopted declaring all debts contracted in aid of the late war null, and forbidding any subsequent legis- lation looking to their payment. A third declared all the proceedings of the Convention of 1861 void. Thus in the same month in which five years before Texas had declared her right to withdraw from the Federal Union, did she with equal emphasis, forever renounce that right, and profess her readiness to return to her fealty. Constitution Amended. — The Constitution of Texas was so amended by this Convention, as generally to conform to the Constitution and laws of the General Government ; and these amendments were afterward ratified by a vote of the people. Election for State Officers. — An election for State officers was ordered to take place July 25, 1866 ; and Dr. James W. Throckmorton,* was chosen Governor, and * J. W. Throckmorton is a native of Sparta, Tennessee. Born February 1, 1825. He came to Texas in 1841, and settled in wliat is now Collin county, then part of Fannin. In 1851, was elected Representative to the State Legislnture. Served in that capacity until 1856, when he was elected State Senator, which position he held until 18G1. He was elected delegate from Collin county to the Secession Con- vention of 1861. Was one of the six who voted against the ordinance of secession, and did not sign it. After secession was accomplished. Gov. Throckmorton, having raised a company, enlisted in the army, and was in active service in the States of Arkansas, Mississippi and Louisiana, until the fall of 1863, when he was disabled by severe illness. At this time he was elected to the State Senate, where he served during the sessions of 186.3 and 1864. In 1864, he was appointed IJrig.-General of State troops. In 18(i5, was ai)pointed by Gen. E. Kirby Smith a Commissioner to negotiate treaties with the difl'erent wild Indian tribes on the Texas border. lie re- turned in June, 1865, having made treaties in conjunction with the agents of the friendly tribes, with the Comanches, Kiowas, Lipans, Arrapahoes, Cheycnnes, and others. He was elected a delegate to the Constitutional Convention of ]8()6, and was President of that body. In June, 1866, was elected Governor of Texas ; was inaugurated August 8, 1866, and was removed by military order, August 9, 1867. U.; now resides in Collin county, Texas. HISTORY OF TEXAS. 129 George W. Jones, Lieut.-Governor. Gov. Throckmorton was inaugurated August 18, 1866 ; and at the same time, the State officers were, by order of the President, transfer- red from military to civil authority. The Indians Troublesome. — In 1866, and indeed for several years thereafter, the roving Indians upon the borders of Texas became more than usually troublesome. The eleventh and twelfth Legislatures each passed laws au- thorizing the raising of troops for frontier defence, and re- peatedly called upon the General Government for protection. The Legislature of 1871 passed the following resolution, March 15 : '■'Resolved, That the Congress of the United States is hereby petitioned to send a joint committee from both Houses to the frontiers of Texas, to inquire into, and report upon the facts set forth in the preamble* to this resolution, to the end that the State of Texas may be protected by the United States asrainst further invasion." QUESTIONS ON CHAPTER XXTV. Who was elected Governor of Texas in 1863 ? Who Lieut.-Governor ? What was done during Murrah's administration ? How much cloth was made by the State Penitentiary mills in 1863 ? What amount of powder, caps, etc. ? When was Texas surrendered ? What did Gov. Murrah do ? Who was appointed Provisional Governor ? When did he come ? When and by whom were the slaves declared free ? What was required of the citizens of Texas ? What about the finances ? When did the Convention meet ? What ordinances did it adopt ? What else was done? When was the election for State officers ? Who was elected ? What is said about the Indians between the years 1866 and 1871 ? What resolution was passed in 1871? • The preamble enumerates the depredations committed by the savages. CHAPTER XXV. Again Under Military Rule.— In March, 1867, Texas was again, by act of Congress, made subject to mili- tary rule. Gen. P. H. Sheridan was placed in command of the fifth military district, including Texas. In August, 1867, Gov. Throckmorton w\as, by military order, removed, and E. M. Pease declared Provisional Gov- ernor in his stead. Another Convention. — A general registration* of all the legal voters of Texas having taken place, an order was issued in December, 1867, for the election of delegates to a Convention to frame a constitution for the State. This elec- tion was held in Feliruary, 18G8. Reynolds in Command. — In May, 1868, General J. J. Reynolds was assigned to the Department of the Gulf, in- cluding Texas. Second Convention. — This body met at Austin in June, 1868. Gen. E. J. Davis was chosen its President. An ordinance was adopted, declaring the ordinance of secession, passed in 1861, imll and void, ab initio. A new constitutionf for the State of Texas was also adopted. * RegMration Xa?p.— Pleasures are before the 13th Legislature of Texas now in Bcesion, loolving to tlie repeal of this law, and also the amendment of the election law, militia law, and Bchool law, but nothing has yet been definitely accomplished. March, 1873. The Autuor. t See pagpl41. for this ronptitntlon. HISTORY OF TEXAS. 131 This Constitution was submitted to a vote of the people for ratification or rejection, in November, 1869; and was almost unanimously adopted. State Officers. — At the same time a general election was held for State officers, Hepresentatives to Congress, and members of the State Legislature. Ednnind J. Davis* was made Governor, and J. W. Flan- nigan,f Lieut.-Governor, of Texas. No Presidential Election. — By an act of Congress the people of Texas, in common with other Southern States, were excluded from voting in the Presidential election of November, 186S. Disastrous Floods. — In the summer of 1869, heavy and long-continued rains fell in Texas, especially in Western Texas ; and great freshets followed in the San Antonio, * Edmund J. Davis is a native of San Augustine, East Florida. He came to Texas in 1848. While yet in his minority, he was admitted to the bar in 1849, and went to the Rio Grande. He resided in Webb and Cameron counties until tlic breaking out of the war for secession. He was Deputy Collector of Customs at Laredo from 1850 until 1853. In the latter year he was elected District Attorney of that district ; and in 1855 was elected judge of the same (12th) district. To this po- sition he was re-elected, and continued in its occupation until secession was accom- plished in 1861, when, refusing to take the oath of allegiance to the Confederate States, he left the office. In 1862 he went to the Northern States, and in October was commissioned Colonel of the 1st Texas Cavalry, U. S. Volunteers, which regi- ment he raised from refugees from Texas. In March, 1863, while at the mouth of the Rio Grande in Mexico, for the purpose of embarking his family, he was cap- tured by a party of Confederate soldiers who crossed the river in the night, and sur- rounded the house of the Mexican commandant, where he with his family was. After three days he was released upon demand of the Mexican authorities. He re- turned to New Orleans, and was employed in various military services until the close of the war. He was appointed Brig. -General of U. S. Volunteers in Novem- ber, 1864, and was finally mustered out of service in September, 1865. Having re- turned to his home in Corpus Christi, he was elected a delegate to the Convention which met at Austin in February, 1866. In September, 1867, he was tendered by Gen. Griffin the appointment of Chief Justice of the State, but declined. In Jan- uary, 1868, he was elected a delegate to the second Reconstruction Convention which assembled at Austin in June of that year, and was President of that body. Was by it chosen one of the six Commissioners to lay before the authorities at Washing- ton the new Constitution of the State. In November, 1869, he was elected Gover- nor of Texas, which position he now holds. I J. W. Flannigan was afterward elected U. S. Senator, and Don Campbell, as President of the Senate, heca.niii ex-ojicio Lieut. -Governor. 132 HISTORY OF TEXAS. Cornal, Guadaloupc, Colorado,* and other rivers. Thou- sands of acres of land, teeming with rich crops of corn and cotton, M'ere submerged. Many lives Avere lost, and millions of dollars worth of property destroyed. Texas Re-admitted. — The Legislature of Texas, which met in 1870, adopted the fourteenth and fifteenth amendments to the Constitution of the United States; and our Senators and Representatives were once more admitted to a seat in the halls of the Federal Congress. QUESTIONS ON CHAPTER XXV. What occnrrcd in March, 1867 ? Who was in command ? What change was made in the Governorsliip ? What steps were taken to ascertain the legal voters of Texas ? What election was then ordered ? Who was next placed in command of the Department of the Gulf ? When did the second Reconstruction Convent ":»^»- meet ? Who was President of it ? What ordinances were passed ? Who was elect ed Governor and Lieut. -Governor ? What act of Congress is alluded to ? What is said about floods in Texas ? What about floods in the Colorado ? * Floods in the Colorado. — "There have been bat three overflows in the Colorado since I have been in the country, and these have occurred each ten years. The first was in 1823 ; the next in 18:53 ; and the last in 18-13. From the fact they have been regular since we have known the country, we expect to be inundated every ten years. In 1823 it occurred in February ; in 1833 in May ; in 1843 in February." From J. C. Raymond's almanac for 1873, I extract as follows: "The following shows the time of the most notable floods in the Colorado since the settlement of Austin : February, 1843, River rose about 36 feet. .Tuly. 18(59, River rose about 42 feet. March, 1852, " " " 36 " October, 1870, " " " 36 " The bed of the river is several feet higher at Austin than in 1852. I extract the first part of the above from a book entitled : " Dewee''s Letters from Texcis.'"' The statements are incorrect. The ten year theory is unsupported by facts. I am assured by old citizens that the Colorado bottoms were overflowed in 18:^5, and in other years within the time comprehended, and not mentioned by him. The overflows in the Texas rivers, like the rains in this State, are uncertain and ir- regular. —Author. CHAPTER XXVI. Davis' Administration. — Governor Davis was inau- gurated Governor of Texas in April, 1870. His administra- tion has been marked by much of interest and importance to the State. State Militia and Police. — By authority of the twelfth Legislature, the militia of the State, comprising all able-bodied men between the ages of 18 and 45 years, with certain exceptions, have been enrolled and organized. There has also been organized and equipped, a State Po- lice, which may consist of two hundred and twenty-five men, who are statiojied for duty in all the organized coun- ties of the State. This force is under the general command of the Adjutant-General at Austin, and is for the j^urpose of suppressing lawlessness, and enforcing the jurisdiction of the courts, and the dignity of the laws, wherever and when- ever needed. All sheriffs and their deputies, and all consta bles and their marshals, are made by the law a part of this organization; and judges of courts may, when necessary, call upon this force to maintain their authority. Public Schools.*— To carry into effect the provisions * On the Ist day of January, 1873, the report of the Superintendent of Public In- Btruction shows the condition of the free schools of Texas to be as follows : Total cost of maintaining the schools during the year, $1,222,221.24 ; whole num- ber of children in the State within the scholastic age, 228,355 ; whole number in the schools during the year, 127,672 ; average attendance during same time, 81.653 : whole number of teachers examined and who have received certificates, 6.583 ; actual number of teachers employed during the year, 2,G25 ; average cost per month for education of each pupil, $1.43. 134 II I S T O K Y OF TEXAS. of the Constitution, and the hiws enacted thereuncler, the Governor, in 1871, appointed Hon. J. C. DeGress, Superin- tendent of Public Instruction. Under his executive management, the scliool system of Texas has been put in complete and successful operation, and one hundred thousand children are now (December, 1872,) attending the public free schools. Registration. — An act of the twelfth Legislature pro- vides " that any citizen of the United States (or one who has declared his intention to become a citizen) who has re- sided one year in Texas, and sixty days in the county where he offers to register ; or one who was a citizen of Texas at the tjme of the adoption of the Constitution, is twenty-one years of age, and not otherwise disqualified," shall, upon his application, be registered by the Registrar of the county, and furnished with a certificate of registration. Complete lists of those registered are required to be made out and kept at each place where elections are held, and no person is per- mitted to vote at any election whose name does not appear on the registration list. This act is in pursuance of, and in obedience to, Sec. 1, Art. 3, State Constitution. Homestead Exemption. ^The same Legislature also passed an act "exempting from forced sale the homestead of a family, not exceeding two hundred acres of land ; (not be- Condition of School Fund January 1, 1873 :— Specie, $40,708.43 ; U. S. currency, 64,080.12 ; (i per cent U. S. bonds, 70,800 ; 5 per cent U. S. bonds, 271,250 ; railroad bonds uud interest, 2,173,278.44. Total, $2,630,125.99. Also, 2,763,072 acres of land estimated to be wortli now $2,703,072. Synoptiis of School /,««'.— Tliis law, passed and amended in 1871, provides that there shall be a Superintendent of Public Instruction, who nhall have general execu- tive control of the educational interests of the State. The Superintendent sliall ap- point a Supervisor for each educational district fof whicli there are twelve) who shall have general supervisory control of the schools in tlieir respective districts. The Board of Education, consisting of the Governor, Attorney-General, and Super- intendent of Public Instruction, makes all the rules and regulations, provides for examination and appointment of teachers, adopts books for use in the schools, etc., etc. The local school directors have the charge of the location aud buildicg of school- houBee, and the control of the minor detail?. HISTORY OF TEXA.S. 135 ing in any city, town or village) or any city, town or village lots not exceeding in value $5,000, without reference to the improvements thereon." Also, " all household furniture and implements of husbandry ; tools and apparatus of any trade or profession ; all books of public or private libraries ; five milch cows and their calves ; two yoke of oxen ; two horses and one wagon ; one carriage or buggy ; one gun ; twenty hogs ; twenty head of sheep ; all provisions or forage on hand for home consumption ; and one horse, sa,ddle and bri- dle." This act is in obedience to Art. 12, Sec. 15, State Constitution. Other iExemptions. — Another law provides that all buildings used for educational or religious purposes, with their furniture, apparatus, and libraries, and ten acres of ground, shall be exempt from taxation. Marital Rights. — The following is the law in Texas on this subject : " All property owned by either party be- fore marriage, remains the separate property of husband or wife after marriage ; and such as may be acquired by either gift or descent, after marriage, becomes the separate prop- erty of the one so receiving or acquiring it. The homestead cannot be sold unless the wife joins in the conveyance. All property acquired during the marriage relationship, in any other way than by gift or descent, is the common property of both. On the death of either, the survivor becomes the owner of all the property, unless there be children, in which case the children possess one-half." Wills. — According to law in Texas, any person of sound mind, aged twenty-one years or over, can make a will, which, if in his own handwriting, can be proved and probated with- out witnesses ; if not in his own writing two witnesses are required. 6* 136 HISTORY OF TEXAS, Xjimitation Laws. — Open accounts are barred from collection by law in two years. Promissory notes in four years. Judgments in ten years. Five years of uninterrupted possession and occupation of land, the occupant in the mean- time paying the taxes thereon, invests the said occupant with legal title to the land, provided he has a registered deed to the same, although the deed itself may be fraudu- lent or invalid. Ten years of such uninterrupted occupation results in ownership without any other shadow of claim. QUESTIONS ON CHAPTER XXVI. W^hen was Gov. Davis inaugurated ? By what was his administration marked ? Give the main features of the Militia and State Police laws. When was the com- mon school law put in force ? Under whose superintendence ? IIow many scholars are now in attendance ? Give the features of the registration law ? What impor- tant exemption laws were passed by the twelfth Legislature ? Give a synop.«is of them as contained in this chapter ? What is the law in Texas in regard to marital rights and descent of property ? What about wills V What about limitation laws ? CHAPTER XXVII. The Judiciary. — The Constitution of 1845 provided that the " Judges of the Supreme and District Courts should be appointed by the Governor, by and with the consent of the Senate." In 1849, the Constitution was so amended as to provide for the election of the judges. The present Constitution of Texas again makes the judgeship to be filled by appointment of the Governor, subject to the ratification of the Senate, Courts. — The State is divided into judicial districts. Each district judge holds court three times a year. These Courts have general law jurisdiction, criminal and equity; and are also courts of appeal fi*om the justices' courts. The Supreme Court is the highest State court, and has appellate jurisdiction. It consists of a Chief Justice and two Associates. The justices' courts are held monthly in the various pre- cincts of each county. The justices are elected by the voters at the general election, and there are five in each county. These courts have jurisdiction to the amount of one hundred dollars. Three justices constitute a County Court, and enjoy such powers as ai-e usually conferred upon these courts. Bureau of Immigration.* — To encourage immigra- * Bureau of Immigration. — The arrivals of immigrants at the port of Galveston, as stated in a, communication from Gustav Loeffler, Superintendent of the Bureau, 138 HIS T O R Y OF TEXAS. tion, and also to enlighten the outside world as to the in- ducements offered by Texas to immigration, and more espe- cially to skilled laborers, the present Executive, under a law of the twelfth Legislature, passed in pursuance of Art. 11, State Constitution, has organized a Bureau of Immigration, by appointing a "Superintendent of Immigration," whose duties are defined in the statute. Carrying Deadly Weapons. — An act of the twelfth Legislature makes it a penal offence, and punishable by a heavy fine and imprisonment, to carry deadly weapons upon the person " excej^tfor self-defence, and to ward off a threat- ened attack." Important Land Law. — To carry into effect Sec. 8, Art. 10, State Constitution, the same Legislature also passed an important land law, granting to every head of a family having no homestead, one hundred and sixty acres of any vacant State land, upon condition of selection, survey and occupation of same for three years ; and to every single man eighty acres on similar conditions, provided that they may at once become owners of the land by payment of one dollar per acre to the State. Internal Improvements. — The twelfth Legislature of Texas, at its regular and called sessions, did much to en- courage internal improvements and manufactures, by means of both foreign and domestic capital. to the Texas Almanac, during the first ten months of 1872, were as follows : January 4,810 persons of whom 3(>4 wore from Europe. February' 3,251 " " " 136 " " " March 3,00-1 " " " 117 " " " April 2,W7 " " " 112 " " " May 2,950 " " " 707 " " " June 2,102 " " '• 112 " " « July 1,757 " " " 112 " " " August 2,077 " " " 183 " " " September 2,680 " " " 323 " " " October 4,243 " " " 1,276 " " " Total 29,527 3,412 HISTORY OF TEXAS. 139 Several grand trunk and tap railways were chartered, and State aid granted for their construction. Many transportation and navigation companies, bridge companies, and many insurance, real-estate, and banking as- sociations were incorporated. Manufacturing enterprises of every descrij^tion, also re- ceived such assistance as they needed. Present Condition of Texas. — To conclude our lit- tle book it is proper to say that the present condition of our State is such as to promise a bright future. Peace prevails throughout our borders. The majesty of the laws is respected more than ever before. Churches and school-houses are upon all our hills and in our prairies. The screain of the locomotive and the whistle of the steam manufactory are heard on all sides. The hum of busy industry rises upon every breeze. Additional thousands of acnvs of fertile land are yearly being upturned by the plow of the husbandman. Old communities are becoming more united, Avhile new ones are springing up in every part of the State ; while from the four quarters of the globe the unceas- ing flood of immigration comes pouring in. Protected by wise and just laws, and under the eyes of that mighty Federation of which we are an integral part, let us hope a generation is coming forward, in whose hearts will be blended a just pride of State, a profound respect and loyalty for the National Government, and a love and rever- ence for that merciful God to whose overruling providence we as a people owe so much. uo HISTORY OF TEXAS A List of the Governors of the State of Texas : J. PiNCKNET Henderson fi rom 1846 to 184Y Elected. Geo. T. Wood (( 1847 " 1849 " P. H. Bell (( 1849 " 1853 " E. M. Pease « 1853 to 1857 " H, R. Runnels « 1857 " 1859 Sam Houston (( 1859 " 1861 " F. 11. Lubbock (( 1861 " 1863 " Pendleton Murrah (( 1863 " 1865 " A. J. Hamilton (( 1865 " 1866 Provisional J. W. Throckmorton n 1866 " 1867 Elected. E, M. Pease a 1667 " 1869 Provisional. E, J. Davis, Provisional a few months, and elected by the people in 1870. Lieut.- Governors who have i been Acting Governors : A. C, Horton in 1846. J. W. Henderson " 1853. Edward Clark " 1861. questions on chapter XXVII. What changes have been made in the judiciary of Texas gince 1845 ? What has been done to encourage immigration ? Wliat important law to preserve the peace has been enacted ? What important land law ? What has been done to encourage internal improvements ? Give a statement of the present condition of Texas ? Give a list of the Governors and the time of their holding office. What about the courts of Texas ? Name them, and give their respective powers. THE CONSTITUTION OF THE STATE OF TEXAS StrangtiJ toitj) Clucstions for Class Wiet. CONSTITUTION OP THE STATE OF TEXAS PREAMBLE. We, the People op Texas, acknowledging with gratitude the grace of God in permitting us to make a choice of our form of gov- ernment, do hereby ordain and establish this Constitution : ARTICLE I. BILL OF RIGHTS. That the heresies of nullification and secession, which brought the country to grief, may be eliminated from future political discussion ; that public order may be restored, private property and human life protected, and the great principles of liberty and equality secured to ns and our posterity. We declare that : Section 1. The Constitution of the United States, and the laws and treaties made, and to be made, in pursuance thereof, are acknowl- edged to be the supreme law ; that this Constitution is framed in har- mony with and in subordination thereto ; and that the fundamental principles embodied herein can only be changed, subject to the national authority. Sec. 2. All freemen, when they form a social compact, have equal rights, and no man or set of men is entitled to exclusive separate pub- lic emoluments or privileges. Sec. 3. No religious test shall be required as a qualification to any office of public trust in this State. 144 CONSTITUTION OF THE Sec. 4. All men have a natural and indefeasible right to worship God according to the dictates of their own consciences. No man shall he compelled to attend, erect, or support any place of public worship ; or to maintain any ministry against his consent. No human authority ought in any case whatever, to control, or interfere with the rights of conscience in matters of religion ; and no preference shall ever be given, by law, to any religious societies or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be neces- sary to protect every religious denomination in the peaceable enjoy- ment of their own mode of public worship. Sec. 5. Every citizen shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege ; and no law shall ever be passed curtailing the liberty of speech or of the press. Sec. 6. In prosecutions for the publication of papers investigating the official conduct of officers, or of men in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence ; and in all prosecutions for libels, the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases. Sec. 7. The people shall be secure in their persons, houses, papers, and possessions, from all unreasonable seizures or searches ; and no warrant to search any place, or to seize any person or thing, shall issue, without describing such place, person or thing as near as may be, nor without probable cause, supported by oath or affirmation. Sec. 8. In all criminal prosecutions, the accused shall have a speedy public trial, by an impartial jury. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself, or by counsel, or both ; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in liis favor ; and no person shall be holden to answer for any criminal charge but on the indictment or information, except in cases arising in the land or naval forces or offences against the laws regulating the militia. Sec. 9. All prisoners shall be bailable upon sufficient sureties, xin- less for capital offences, when the proof is evident ; but this provision shall not be so construed as to prohibit bail after indictment found, upon an examination of the evidence by a judge of the Supreme or District Court, upon the return of the writ of habeas corpus, return- able in the county where the offence is committed. Sec. 10. The privileges of the writ of habeas corpxis shall not be STATE OF TEXAS. 145 suspended except by act of tlie Legislature, in case of rebellion or in- vasion, when the public safety may require it. Sec. 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel nor unusual punishment inflicted. All courts shall be open, and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law. Sec. 12. No person, for the same offence, shall be twice put in jeopardy of life ; nor shall a person be again put upon trial for the same oftence, after a verdict of not guilty ; and the right of trial by jury shall remain inviolate. Sec. 13. Every person shall have ihe right to keep and bear arms, in the lawful defence of himself or the State, under such regulations as the Legislature niay prescribe. Sec. 14. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made ; and no person's property shall be taken or applied to public use without just compensation being made, unless by the consent of sucli person ; nor shall any law be passed depriving a party of any remedy for the en- forcement of a contract, which existed when the contract was made. Sec. 15. No person shall ever be imprisoned for debt. Sec. 16. No citizen of this State shall be deprived of life, liberty, property or privileges, outlawed, exiled, or in any manner disfran- chised, except by due course of the law of the land. Sec. 17. The military shall at all times be subordinate to the civil authority. Sec. 18. Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed ; nor shall the law of primogeniture or entailments ever be in force in this State. Sec. 19. The people shall have the right, in a peaceable manner, to assemble together for their common good ; and to apply to those in- vested with powers of government for redress of grievances, or other purposes, by petition, address or remonstrance. Sec. 20. No power of suspending laws in the State shall be exer- cised except by the Legislature or its authority. Sec. 21. The equality of all persons before the law is herein re- cognized and shall ever remain inviolate ; nor shall any citizen ever be deprived of any right, privilege or immunity, nor be exempted from any burdeji or duty, on account of race, color, or previous con dition. 146 c o X s T I T u f r () X of t ii e Sec. 2'2. Importations of persons under the name of "coolies," or any other name or designation, or the adoption of any system of peon- age, whereby the hel[)less and unfortunate may be reduced to practi- cal bondage, shall never be authorized or tolerated by the laws of this State ; and neither slavery nor involuntary servitude, cxcejjt as a pun- ishment for crime, whereof the party shall have been duly convicted, shall ever exist in this State. Sec. 23. To guard against transgressions of the high powers herein delegated, we declare that everything in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate ; and all laws contrary thereto, or to the following provisions, shall be void. ARTICLE II. DIVISION OF THE POWERS OF GOVERNMENT. Section 1. The powers of the government of the State of Texas shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit : those which are Legislative to one, those which are Executive to another, and those which are judicial to another ; and no person, or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein ex- pressly permitted. ARTICLE III. LEGISLATIVE DEPARTMENT. Section 1. Every male person who shall have attained the age of QUESTIONS ON THE BILL OP RIGHTS. -Recite Hie preamble. What does the word preamble mean 1 What ackuowledg- ment is made in Sec. 1 in reference to the Constitution of the United States ? Who have cqnal rights ? Wl\at test shall now be reeiuired ? What have men a natural and indefeasible right to do ? What may every citizen speak, write and publish ? In prosecutions for libels what shall the jury do ? In what shall the people be secure ? In criminal prosecutions what rij^hts has the accused ? When may prisoners be bailed ? What about habeas corpus f How many times may a person be tried for his life for the same offence ? When may a person boar arms ? When may one be imprisonrd for debt ? How may one be deprived of life, liberty, property, etc. ? To what sliall the military be subordinate? What are contrary to tlio irenius of free goveinment ? For what may the people assemble together ? By what attthority may the laws be suspended '! What is herein recognized as forever inviolate ? What Is prohibited in Sec 25 ? What declaration is made ia Sec. 23 ? STATE OF TEXAS. 14Y twenty-one years, and who shall be (or who shall have declared hia intention to become) a citizen ot the United States, or who is, at the time of the acceptance of this Constitution by the Congress of the United States, a citizen of Texas, and shall have resided in this State one year next preceding an election, and the last six months within the district or county in which he offers to vote, and is duly registered, (Indians not taxed excepted,) shall be deemed a qualified elector ; and should such qualified elector happen to be in any other county, situated in the district in which he resides, at the time of an election, he shall be permitted to vote for any district officer ; provided, that the quali- fied electors shall be permitted to vote anywhere in the State for State officers ; and provided further, that no soldier, seaman, or marine, in the army or navy of the United States, shall be entitled to vote at any election created by this Constitution. Sec. 2. Electresent!itives shall be gene- ral throughout the State, and shall be regulated by law. Sec. 34. The whole number of Senators shall, at the next session after tlie several periods of making the enumeration, be fixed by the S T A T K OF T E X A S . 151 Legislature, and apportioned among the several districts to be estab- lished by law, according to the number of qualified electors, and shall never be less than nineteen nor more than thirty Sec. 35. The merabere of the Legislature shall, at their first session hereafter, receive from the treasury of the State, as their compensa- tion, eight dollars for each day they shall be in attendance, and eight dollars for each twenty-five miles in traveling to and from the seat of govermnent. The above rates of compensation shall remain till changed by law. Sec. 36. The Legislature shall proceed, as early as practicable, to elect Senators to represent this State in the Senate of the United States ; and also provide for future elections of Representatives to the Congress of the United States ; and the second Tuesday after the first assembling of the Legislature after the ratification of this Constitu- tion, the Legislature shall proceed to ratify the thirteenth and four- teenth Articles of Amendment to the Constitution of the United States of America. Sec. 37. In order to settle permanently the seat of government, an election shall be holden throughout the State, at the usual places of holding elections, at the first general election after the acceptance of this Constitution by the Congress of the United States, which shall be conducted according to law, at which time the people shall vote for such place as they may see proper for the seat of government ; the returns of said election to be transmitted to the Governor with the other returns of that election. If either place voted for shall have a majority of the whole num- ber of votes cast, then the same shall be the permanent seat of govern- ment. But in case neither place voted for shall have the majority of the whole number of votes given in, the Governor shall issue his proclamation for an election, to be holden in the same manner, at the next following general election, between the two places having the highest number of votes at the first election. This election shall be conducted in the same manner as at the first, and the returns made to the Governor, and the place having the highest number of votes shall be the permanent seat of government. Sec. 38. The first Legislature shall pass such laws as will author- ize the clerks of the district court and the justices of the peace of the several counties to issue executions after the adjournment of each term of their respective courts, against the plaintiff or defendant for all costs created by them in any suit or suits therein. Sec. 39. Until otherwise provided by law, the Senatorial and Rep- resentative districts shall be composed of the following counties: 152 CONSTITUTION OF THE First District — Chambers, Jefferson, Orange, Liberty, Hardin, New- ton, Jasper, Tyler and Polk counties. Second District — Trinity, Angelina, San Augustine, Sabine, Xacog- doches and Slielby counties. Third District — Houston and Cherokee counties. Fourth District — Anderson, Henderson and Van Zandt counties. Fifth District — Eusk and Panola counties. Sixth District — Smith and Upshur counties. Seventh District — Harrison county. Eighth District — Marion, Davis and Bowie counties. Ninth District — Titus and Red River counties. Tenth Di.^trict — Wood, Hopkins and Hunt counties. Eleventh District — Lamar and Fannin counties. Twelfth District — Galveston, Brazoria and Matagorda counties. Thirteenth District — ^Yharton, Fort Bend and Austin counties. Fourteenth District — Harris and Montgomery counties. Fifteenth District — Walker, Grimes and Madison counties. Sixteenth District — Washington county. Seventeenth District — Burleson, Brazos and Milam counties. Eighteenth District — Robertson, Leon and Freestone counties. Nineteenth District — McLennan, Limestone and Falls counties. Twentieth District — Hill, Navarro, Ellis and Kaufman counties. Twenty-first District — Dallas, Collin and Tarrant counties. Twenty-second District — Grayson, Cook, Denton, Wise, Montague, Jack, Clay, Young, Wichita, Throckmorton, Baylor, \Vill)arger, Has- kell, Knox and Hardeman counties. Twenty-third District — Bosque, Johnson, Hood, Parker, Erath, Palo Pinto, Eastland, Stephens, Callahan, Jones, Shackleford and Tay- lor counties. Twenty-fourth District — Calhoun, Jackson, Victoria, Rufugio, Saa Patricio, Bee, Goliad and DeWitt counties. Twenty-fifth District — Lavaca and Colorado counties. Twenty sixth District — Fayette and Bastrop counties. Twenty-seventh District — Gonzales, Guadalupe and Caldwell coun- ties. Twenty-eighth District — Hays, Travis, Williamson, Bell, Coryell, Lampasas, San Saba, Hamilton, Comanche, Brown, Coleman, Concho and McCulIoch counties. Twenty-ninth District — Bexar, Wilson, Comal, Kendall, Blanco, Burnett, Llano, Mason, Gillespie, Kerr, Bandera, Edwards, Kimball, and Menard counties. Thirtieth District- -Cameron, Hidalgo, Starr, Nueces, Duval, Za- pata, Live, Oak McMullen, Encinal, Lasalle, Webb, Dimmitt, Maverick, Za valla, Frio, .Atascosa, Karnes, Kinney, Uvalde, Medina, Presidio and El Taso counties. STATE OF TEXAS. 153 Sec. 40. The Senators and Representatives shall be apportioned among the several Senatorial and Representative Districts as follows, to wit : First District — One Senator and three Representatives. Second District — One Senator and three Representatives. Third District — One Senator and three Representatives. Fourth District — One Senator and three Representatives. Fifth District — One Senator and three Representatives. Sixth District — One Senator and three Representatives. Seventh District — One Senator and two Representatives. Eighth District — One Senator and three Representatives. Ninth District — One Senator and three Representatives. Tenth District — One Senator and three Representatives. Eleventh District — One Senator and three Representatives. Twelfth District — One Senator and three Representatives. Thirteenth District — One Senator and three Representatives. Fourteenth District — One Senator and three Representatives. Fifteenth District — One Senator and three Representatives. Sixteenth District— One Senator and two Representatives. Seventeenth District — One Senator and three Representatives. Eighteenth District — One Senator and three Representatives. Nineteenth District — One Senator and three Representatives. Twentieth District — One Senator and three Representatives. Twenty-first District — One Senator and three Representatives. Twenty-second District — One Senator and three Representatives. Twenty-third District — One Senator and three Representatives. Twenty fourth District — One Senator and three Representatives. Twenty fifth District — One Senator and three Representatives. Twenty-sixth District — One Senator and three Representatives. Twenty-seventh District — One Senator and three Representatives. Twenty-eighth District — One Senator and four Representatives. Twenty-nintli District — One Senator and four Representatives. Thirtieth District — One Senator and three Representatives. Sec. 41. In the several Senatorial and Representative Districts, composed of more counties than one, the Chief 'Justice of the follow- ing named counties shall receive the returns, and give certificates of election to the persons respectively receiving the highest number of votes, to wit : First District — Chief Justice of Liberty county. Second District — Chief Justice of Nacogdoches county. Third District — Chief Justice of Cherokee county. Fourth District — Chief Justice of Anderson county. Fifth District — Chief Justice of Rusk county. 154 CONSTITUTION OF THE Sixth District — Cliief Justice of Smith county. Seventli District — Chief Justice of Harrison county. Eighth District — Chief Justice of Marion county. Ninth District — Cliief Justice of Red River county. Tentli District — Chief Justice of Hopkins county. Ele%'enth District — Chief Justice of Lamar county. Twelfth District — Chief Justice of Galveston county. Thirteenth District — Chief Justice of Fort Bend county. Fourteenth District— Chief Justice of Harris county. Fifteenth District — Chief Justice of Grimes county. Sixteenth District — Chief Justice of Washington county. Seventeenth District — Chief Justice of Burleson county. Eighteenth District — Chief Justice of Robertson county. Nineteenth District — Chief Justice of McLennan county. Twentieth District — Chief Justice of Navarro county. Twenty-first District — Chief Justice of Dallas county. Twenty-second District — Chief Justice of Grayson county. Twenty-third District — Chief Justice of Bosque county. Twenty-fourth District — Chief Justice of Victoria county. Twenty-fifth District — Chief Justice of Colorado county. Twenty-sixth District — Chief Justice of Fayette county. Twenty-seventh District — Chief Justice of Gonzales county. Twenty -eighth District — Chief Justice of Travis county. Twenty-ninth District— Chief Justice of Bexar county. Thirtieth District — Chief Justice of Nueces county. QUESTIONS ON LEGISLATIVE DEPARTMENT. How ail! the powers of the State government divided ? Who are qualified elec- tors ? Whcu may tliey vote ? What about privilege from arrest ? How is the legis lative power vested ? IIow .ire the members of the House of Representatives chosen and how often ? Wliat are tlie qualifications '; When are the elections held ? Of how many does the House of Representatives consist ? How are the Senators chosen and for how long a term ? How are they classed ? How many Senators ? How often shall a new apportionment be made? What are the qimlifications re- quired of Senators ? Who only are eligible to office ? How are the House of Rep- resentatives and Senate organized ? What about compulsory attendance ? What tibout rules, punishment, etc. ? What about privilege from arrest ? What alxmt public sessions ? Can either House adjourn at will ? How are bills originated, amended, etc. ? Can the Legislature authorize sale of real estate by special law 1 What about rejected bills ? What about lotteries? How are the members of the Legislature paid for their services ? What in reference to their eligibility to certain offices ? Who are ineligible to the Legislature ? When may two ofilces not be held jointly ? What about expulsion ? How are elections for Senators and Representa tives regulated ? How are U. S. Senators fleeted ? How is the seat of government fixed? How do executions issue after adjournment? Of what counties are the Senatorial and Representative districts of Texas respectively composed ? By whoKi are election returns received and certificatett issued ? STATE OF TEXAS. 155 ARTICLE IV. EXECUTIVE DEPAKTMENT. Section 1. The Executive Department of the State shall consist of a Chief Magistrate, who shall be styled the Governor, Secretary of State, Comptroller of Public Accounts, Treasurer, Commissioner of the General Land Office, Attorney General and Superintendent of Public Instruction. Sec. 2. The Governor shall be elected by the qualified voters of the State, at the time and places at which they shall vote for Representa- tives to the Legislature. Sec. 3. The returns for every election of Governor shall be made out, sealed up, and transmitted by the returning officers to the seat of Government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session of the Legislature thereafter, open and publish them, in the presence of both Houses of the Legislature. The person having the highest number of votes, and being constitutionally eligible, shall be declared by the Speaker, under the direction of the Legislature, to be Governor ; but if two or more persons shall have the highest and an equal number of votes, one of them ehall be forthwith chosen Governor, by a joint vote of both Houses of the Legislature. Whenever there shall be a contested elec- tion for the office of Governor, or of any of the Executive officers to be elected by the qualified voters of the State, it shall be determined by the joint action of both Houses of the Legislature. Sec. 4. The Governor shall hold his office for the term of four years from the time of his installment, and until his successor shall be duly qualified. He shall be at least thirty years of age, a citizen of the United States, and shall have been a resident and citizen of the State of Texas for three years immediately preceding his election. He shall be inaugurated on the first Thursday after the organization of the liegislature, or as soon thereafter as practicable. Sec. 5. The Governor shall, at stated times, receive a compensation for his services, which shall not be increased nor diminished during the term for which he may have been elected. His annual salary shall be five thousand dollars, until otherwise provided by law, exclusive of the use and occupation of the Governor's Mansion, fixtures and furni- ture. Sec. 6. Ho shall be Commander-in-Chief of the militia of the State, except when they are called into the actual service of the United States 156 CONSTITUTION OF THE Sec. 7. He may, at all times, require information in writing, from all the officers of the Executive Department, on any subject relating to the duties of their offices. If a vacancy occurs in any of the ex- ecutive offices, by death, resignation or removal, or from any other cause, during the recess of the Legislature, the Governor shall have power, by appointment, to fill sudi vacancy ; which appointment shall continue in force till the succeeding session of the Legislature, when he shall communicate such appointment to the Senate for confirmatiou or rejection. If it be confirmed by the Senate, the tenure of office shall continue until the regular return of the periodic election of said office. Sec. 8. He shall have power by proclamation, on extraordinary oc- casions, to convene the Legislature at tlie seat of government ; but if the prevalence of dangerous disease, or the presence of the public enemy there, shall render it necessary, then at any other place within the State he may deem it expedient. Sec. 9. He shall, from time to time, give to the Legislature infor- mation, in writing, of tlie condition of the State, and recommend to their consideration such measures as he may deem expedient. Sec. 10. He shall take care that the laws be faithfully executed. Sec. 11. In all criminal cases, except treason and impeachment, he shall have power after conviction, to grant reprieves and pardons : and under such rules as the Legislature may prescribe, he shall have power to remit fines and forfeitures. With the advice and consent of the Senate, he may grant pardons in cases of treason ; and to this end, he may respite a sentence therefor until the close of the succeed- ing session of tlie Legislature ; provided, that in all cases of remis- sion of fines or forfeitures, or grants of reprieve or pardon, the Gov- ernor shall file, in tlie office of the Secretary of State, his reasons therefor. Sec. 12. Nominations to fill vacancies occurring in the recess of the Legislature, shall be made by the Governor during the first ten days of its session ; and should any sucli nomination be rejected, the same person shall not again be nominated, during the session, to fill the same office. Sec. 13. During the session of the Legislature, the Governor shall reside where its sessions are held ; and at all other times at the capi- tal, except when, in the opinion of the Legislature, the public good may otlierwise require. Sec. 14. No person, holding the office of Governor, shall hold any other office or commission, civil or military. STATE OF TEXAS. 157 Sec. 15. At tlietime of the election of a Governor, tliere shall also be elected by the qualified voters of the State, a Lieutenant Governor, possessing the same qualifications as the Governor, and who shall con- tinue in office for the same period of time. He shall, by virtue of hia office, be President of the Senate ; and shall have, when in committee of the whole, the right to debate and vote on all questions ; and, when the Senate is equally divided, to give the casting vote. In case of the death, resignation, removal from office, inability, or refusal of the Governor to serve, or of his impeachment or absence from the State, the Lieutenant Governor shall exercise the powers and authority ap- pertaining to the office of Governor, until another be chosen at the periodical election, and be duly qualified ; or until the Governor, im- peached, absent or disabled, shall be acquitted, returned, or his disa- bility be removed. Sec. 16. Whenever the Lieutenant Governor shall become the act- ing Governor, or shall be unable to preside over the Senate, that body shall elect from its own members a President for the time being. If, during the vacancy in the office of Governor, the Lieutenant Gover- nor shall die, resign, refu.se to serve, be removed from office, or be unable to serve ; or if he be impeached, or absent from the State, tho President of the Senate for the time being shall, in like manner, ad- Hiinister the government until he shall be superseded by a Governor or liieutenant Governor. The compensation of the Lieutenant Gover- nor shall be twice the per diem or pay of a Senator, and no more ; and, while acting Governor, the same compensation as a Governor would receive for a like period of service, in his office, and no more. Tho President of the Senate, for the time being, if called upon to admin- ister the government in any of the contingencies enumerated, shall be entitled to the portion of the salary of the Governor due for the time of such service. If the Lieutenant Governor, while acting Governor by succession, shall die, resign, or be absent from the State, during the recess of the Legislature, it shall be the duty of the Secretary of State to convene the Senate for the purpose of choosing a President of the Senate for the time being. Sec. 17. There shall be a Secretary of State appointed by the Gov- ernor, by and with the advice and consent of the Senate, who shall continue in office during the term of service of the Governor elect. He .shall keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same, with all papers, minutes and vouchers relative thereto, before the Legislature, or either House thereof, and shall perform such other duties as may be required of him by law. Sec. 18. There shall be a seal of the State, which shall be kept by 158 CONSTITUTION OF THE tlie Governor and used by him officially. The seal shall be a star of five points, encircled by an olive and live oak branches, and the words, " The State of Texas." Sec. 19. All commissions shall be in the name and by the authority of the State of Texas, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State. Sec. 20. There shall be a Comptroller of Public Accounts, elected by the qualified voters of the State, at the same time and in the same manner as the Governor is elected, and having the same qualifications, who shall hold his office for the term of four years. He shall super- intend the fiscal affiiirs of the State ; give instructions to the assessors and collectors of the taxes ; settle with them for taxes ; take charge of all escheated property ; keep an accurate account of all moneys paid into the treasury, and of all lands escheated to the State ; pub- lish annually a list of delinquent assessors and collectors, and demand of them an annual list of all tax-payers in their respective counties, to be filed in his office ; keep all the accounts of the State ; audit all the claims against the State ; draw warrants upon the treasury in favor of the public creditors, and perform such other duties as may be pre- Bcribed by law. Sec. 21. There shall be a Treasurer of the State, elected at the same time of the election of Governor, having the same qualifications as the Governor and Comptroller of Public Accounts, who shall hold his office for the same period of time. He shall receive and take charge of all public money paid into the treasury ; countersign all warrants drawn by the Comptroller of Public Accounts ; pay ott' the public creditors upon the warrant of the Comptroller of Public Ac- counts, and perform all such other duties as may be prescribed by law. Sec. 22. A Commissioner of the General Land Office shall be elected by the qualified voters of the State at the same time and in the same manner as the Governor, Comptroller of Public Accounts and Treasurer may be elected, who shall hold his office for a like period of time, and shall possess the same qualifications. He shall be the custo- dian of the archives of the land titles of the State ; the register of all land titles hereafter granted, and shall perform such other duties as may be required by law. Sec. 23. There shall be an Attorney General of the State, having the same qualifications as the Governor, Lieutenant Governor, Comp- troller of Public Accounts and Treasurer, who shall be appointed by the Governor, with the advice and consent of the Senate. He shall hold his office for tlie term of four years. He shall reside at the ia])i tal of the State during his term of office. He shall represent the iu- STATE OF TEXAS. 159 terests of the State in all suits or plea? in tlie Supreme Court in which the State may be a party ; superintend, instruct and direct the official action of the district attorneys so as to secure all fines and forfeitures, all escheated estates, all public moneys to be collected by suit ; and he shall, when necessary, give legal advice in writing to all officers of the government, and perform such other duties as may be required by law. Sec. 24. The Secretary of State, Comptroller of Public Accounts, Treasurer, Commissioner of the General Land Office and Attorney General, shall each receive for his services the annual salary of three thousand dollars ; and which shall neither be increased nor diminished during liis continuance in office. Sec. 25. Every bill, which shall have passed both Houses of the Legislature, shall be presented to the Governor for his approval. If he approve, he shall sign it, but if he disapprove it, he shall return it, with his objections, to that House in which it originated ; which Plouse shall enter the objections at large upon the journals of the House, and proceed to reconsider it. If, after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered. If approved by two-thirds of the members present of that House, it shall become a law ; but, in such cases, both Houses shall determine the question by yeas and nays, with the names of the members respectively entered upon the journals of each House. If a bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, it shall become a law in like manner as if he had signed it. Every bill presented to the Governor one day before the final adjournment of the two Houses, and not signed by him, shall become a law, and shall have the same force and effect as if signed by him. The Governor may approve any appropriation and disapprove any other appropriation in the same bill, by signing the bill, and designating the appropriation disapproved, and sending a copy of such appropriation, with his objections, to the House in which it originated ; and the same proceedings shall be liad on the part disapproved, as on other bills disapproved by him ; but if the Legislature shall have adjourned before it is returned, he shall return it, with his objections, to the Secretary of State, to be submit- ted to both Houses at the succeeding session of the Legislature. Sec. 26. Every order, resolution, or vote, in which the concurrence of both Houses shall be required, except the question of adjourn- ment, shall be presented to the Governor, and must be approved by him before it can take effect ; or, being disapproved, shall be re-passed in the manner prescribed in the case of a bill. 7 160 CONSTITUTION OF THE QUESTIONS ON THK EXECUTI\^ DEPARTMENT. What does tlie executive department consist of ? How and when is the Governor elected ? By whom arc the returns opened ? What provision is made for an elec- tion by the Legislature ? What is the Governor's term of office ? What about his legal age ? Ilis compensation ? Who is Commander-in-Chief of the State militia ? What about vacancies in the executive department ? What about the power of the Governor to convene the Legislature in extra session ? Who shall give information to the Legislature ? Whose duty is it to see that the laws are faithfully executed ? What is said about reprieves, pardons, fines and forfeitures ? Who nominates to fill vacancies in the recess of the Lei.'i>laturc ? What if rejected ? What other office may the Governor hold ? IIow and when is the Lieut-Governor elected ? What must be his qualifications ? What his duties, and term of office ? When may he exercise the functions of Governor ? Who is President of the Senate while the Lieutenant Governor is acting Governor ? What are his duties ? When may the Secretary of State convene the Legislature ? How is the Secretary of State ap- pointed ? What are his duties ? What about a seal of the State ? Commissions ? How is the Comptroller elected? What arc his duties? How is the Treasurer elected ? What are his duties ? What in reference to the Commissioner of the Land Office ? 15y whom is the Attorney General appointed ? What are his duties ? What arc the salaries of the executive officers ? Who approves bills after they have passed the Legislature ? In case the Governor does not choose to approve what right has he ? In case such acts as are not approved by the Governor are still passed by a two-thirds vote, what then ? In case a bill is not returned in five days after being sent to the Governor, what then ? ARTICLE V. JUDICIAL DEPARTMENT. Section 1. The Judicial power of this State shall be vested in one Supreme Court, in District Courts, and in such inferior courts and magistrates as may be created by this Constitution, or by the Legisla- ture under its authority. The Legislature may establish criminal courts in the principal cities within the State, with such criminal jurisdiction, co-exlcnsive with the limits of the county wherein Such city may be situated, and under such regulations as may be prescribed by law ; and the Judge thereof may preside over the courts of one or more cities, as the Legislature may direct. Sec. 2. The Supreme Court shall consist of three judges, any two of whom shall constitute a quorum. They shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of nine years. But the judges first appointed under this Consti- tution, shall be so classified by lot tliat the term of one of them shall ex])ire at the end of every three years. Tim judge whose term shall Hooiie.st expire shall be the i)rewidiiig judge. All vacancies shall be filled for the unexpired term. If a vacancy shall occur, or a torm STATE OF TEXAS, 1(31 shall expire, wlien the Senate is not in session, the Governor shall fill the same by appointment, which shall be sent to the Senate within ten days after that body shall assemble, and, if not confirmed, the office shall immediately become vacant. Sec. 3. The Supreme Court shall have appellate jurisdiction only, which, in civil causes, shall be co-extensive with the limits of the State. In criminal causes no appeal shall be allowed to the Supreme Court unless some judge thereof shall, upon inspecting a transcript of the record, believe that some error of the law has been committed by the judge before whom the cause was tried ; provided, that said transcript of the record shall be presented within sixty days from the date of the trial, under such rules and regulations as shall be pre- scribed by the Legislature. Appeals from interlocutory judgments may be allowed, with such exceptions and vinder such regulations as the Legislature may prescribe. The Supreme Court and the Judges thereof, shall have power to issue the writ of habeas corpus, and uu der such regulations as may be prescribed by law, may issue the writ of mandamus, and such other writs as may be necessary to enforce its own jurisdiction. The Supreme court shall also have power to ascer- tain such matters of fact as may be necessary to the proper exercise of its jurisdiction. Sec. 4. The Supi eme Court shall hold its session annually at the capital of the State. Skc. 5. The Supreme Court shall appoint its own clerk, who shall hold his office for four years, unless sooner removed by the court for good cause, entered of record on the minutes of the court. The said clerk shall give bond in such manner as is now, or may hereafter be, required by law Sec. 6. The State shall be divided into convenient judicial districts, for each of which one judge shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of eight years, who shall, after his appointment, reside within the district, and shall hold a court three times a year in each county thereof, at such time and place as may be prescribed by law ; provided, that at the first general election after the 4th of July, 1876, the question shall be put to the people, whether the mode of election of judges of the Supreme and District Courts shall not be returned to. Sec. 7. The District Court shall have original jurisdiction of all criminal cases ; of all causes in behalf of the State to recover penal- ties, forfeitures and escheats ; and of all suits and cases in which the State may be interested ; of all cases of divorce ; of all suits to re- 1G2 CONSTITUTION OF THE cover damapointment of the Governor, until the next general election. Sec. 3. The Superintendent shall have the supervision of the pub- 168 CONSTITUTION OF THE lie free schools of the State, and shall perform such otlier duties con- cerning public instruction as the Legislature may direct. The Legis- lature may lay off the State into convenient school districts, and pro- vide for the formation of a board of school directors in each district. It may give the district boards such legislative powers, in regard to the schools, school houses, and school fund of the district, as may be deemed necessary and proper. It shall be the dutj- of the Superin- tendent of Public Instruction to recommend to the Legislature, such provisions of law as may be found necessary, in the progress of time, to the establishment and perfection of a complete system of educa- tion, adapted to the circumstances and wants of the people of this State. He shall, at each session of the Legislature, furnish that body with a complete report of all the free schools in the State, giving an account of the condition of the same, and the progress of education within Ihe State. Whenever required by either House of the Legis- lature, it shall be his duty to furnish all information called for, in re- lation to public schools. Sec. 4. The Legislature shall establish a uniform system of pub- lic free schools throughout the State. Sec. 5. The Legislature, at its first session, (or as soon thereafter as may be possible,) shall pass such laws as will require the attendance on the public free schools of the State of all the scholastic population thereof, for the period of at least four months of each and every year; provided, that when any of the scholastic inhabitants may be shown to have received regular instruction, for said period of time in each and every year, from any private teacher having a proper certificate of competency, this shall exempt them from the operation of the laws contemplated l)y this section. Sec. 6. As a basis for the establishment and endowment of t-aid public free schools, all the funds, lands, and other jiroperty heretofore set apart and appropriated, or that may hereafter be set apart and a])- ])ropi'iated, for the support and maintenance of public schools, shall constitute the public school fund. And all sums of money that may come to this State" hereafter from the sale of any portion of the pub- lic domain of the State of Texas, shall also constitute a part of the public school fund. And the Legislature shall apj^ropriate all the proceeds resulting from sales of public lands of this State to such pub- lic school fund. And the Legislature shall set apart, for the benefit of public schools, one-fourth of the annual revenue derivable from general taxation ; and shall also cause to be levied and collected, an annual poll tax of one dollar, on all male persons in this State, be- tween the ages ot twenty-one and sixty years, for the benefit of pub- STATE OF TEXAS. 169 lie schools. And said fund and the income derived tlierefrom, and tlie taxes herein provided for school purposes, shall be a perpetual fund, to be applied, as needed, exclusively for the education of the scholas- tic inhabitants of this State ; and no law shall ever be made appropri- ating such fund for any other use or purpose whatever. Sec. 7. The Legislature shall, if necessary, in addition to the in- come derived from the public school fund, and from the taxes for scliool purposes provided for in the foregoing section, provide for the raising of such amount by taxation, in the several school districts in the State, as will be necessary to provide the necessary school houses in each district, and insure the education of all the scholastic in- habitants of the several districts. Sec. 8. The public lands heretofore given to counties shall be un- der the control of the Legislature, and may be sold under such regu- lations as the Legislature may prescribe ; and in such case the pro- ceeds of the same shall be added to the public school fund. Sec. 9. The Legislature shall, at its first session, (and from time to time thereafter, as may be found necessary,) provide all needful rules and regulations for the purpose of carrying into effect the provisions of this article. It is made the imperative duty of the Legislature to see to it, that all the children in the State, within the scholastic age, are, without delay, provided with ample means of education. The Legis- latiire shall annually appropriate for school purposes, and to be equal- ly distributed among all the scholastic population of the State, the interest accruing on the School Fund, and the income derived from taxation for school purposes ; and shall, from time to time, as may be necessary, invest the principal of the school fund in the bonds of the United States Government, and in no other security. AETICLE X. LAND OFFICE, Section 1. There shall be one General Land Office in the State, which shall be at the seat of government, where all titles which have here- tofore emanated or may hereafter emanate from government, shall be registered ; and the Legislature may establish, from time to time, such subordinate offices as they may deem requisite. Sec. 2. That the residue of the public lands may be ascertained, it is declared that all surveys of land heretofore made, and not returned to the General Land Office, iji accordance with the provisions of an act entitled "An act concerning surveys of land," approved 10th Feb ruary, 1852, are hereby declared null and void. 170 CONSTITUTION OF T II E Sec. 3. All certificates for land located after the SOtli day of Oc tober, 1856, upon lands which were titled before such location of certificate, are hereby declared null and void ; j^t'oi'idi'd, tliat in cases where the location, for the want of correct maps, or proper connection of surveys, is found to be in confiict with older surveys, wliether titled or not, such certificates may be lifted and re-located. Sec. 4. All unsatisfied genuine land certificates, now in existence, shall be surveyed and returned to tlie General Land Office by the first day of January, 1875, or be forever barred. Sec. 5. All public lands heretofore reserved for the benefit of rail- roads or railway companies, shall hereafter be subject to location and survey by any genuine land certificates. Sec. 6. The Legislature shall not hereafter grant lands to any person or persons, nor shall any certificates for land be sold at the Land Office, except to actual settlers upon the same, and in lots not exceeding one hundred and sixty acres. Sec. 7. All lands granted to railway companies, which have not been alienated by said companies, in conformity with the terms of their charters, respectively, and the laws of the State under which the gr-ants were made, are hereby declared forfeited to the State for the benefit of the school fund. Sec. 8, To every head of a family who has not a homestead, there shall be donated one hundred and sixty acres of land out of the ])ub- lic domain, upon the condition that he will select, locate and occupy the same for three years, and pay the office fees on the same. To all single men, twenty-one years of age, there shall be donated eighty acres of land out of the public domain, upon the same terms and con- ditions as are imposed upon the liead of a family. Sec. 9. The State of Texas hereby releases to the owner or owners of the soil all mines and mineral substances that may be on the same, subject to such uniform rate of taxation as the Legislature may im- pose. ARTICLE XL IMMIOnATION. Section 1. There shall be a Bureau, known as the " Bureau of Im- migration," which shall liave supervision and control of all ni attars connected with immigration. The head of this Bureau shall be styled the " Superintendent of Immigration." He shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall STATE OF TEXAS. 171 hold his office for four years, and until otherwise fixed by law, shall receive an annual compensation of two thousand dollars. He shall have such further powers and duties connected with immigration as may be given by law. Sec. 2. The Legislature shall have power to appropriate part of the ordinary revenue of the State for the purpose of promoting and pro- tecting immigration. Such appropriation shall be devoted to defraying the expenses of this Bureau, to the support of agencies in foreign sea- ports, or seaports of the United States, and to the payment in part or in toto of the passage of immigrants from Europe to this State, and their transportation within this State. ARTICLE Xn. GENERAL PROVISIONS. Section 1. Members of the Legislature, and all officers, before they enter upon tlie duties of their offices, shall take the following oath or affirmation : " I (A. B.,) do solemnly swear (or affirm) that I will faithfully and impartially discharge and perform all duties incum- bent on me as .according to the best of my skill and ability, and that I will support the Constitution and laws of the United States and of this State. And I do further swear (or affirm) that since the accep- tance of this Constitution by the Congress of the United States, I, be- QUESTIONS ON "RIGHT OF SUFFRAGE," "MILITIA," "IMPEAC'H- MENT," "PUBLIC SCHOOLS," "LAND OFFICE," AND "IMMI- GRATION." Who are entitled to vote in Texas ? What are the disqualifications 1 When may the Governor call out the militia ? Where is the power of impeachment vested ? For what officers shall the Senate he the court of impeachment ? What vote is re- quired to convict ? How far does judgment extend in such cases ? What effect do articles of impeachment have upon oiHcers pending the trial of such impeach- ment ? Who shall provide for the trial of all other officers except those mentioned ? Whose duty is it to provide for a system of common schools ? What about the Su- perintendent of Public Instruction ? His term of office, salary, duties, etc. ? What is said about compulsory attendance upon the schools ? What is made the basis for the endowment and establishment of the schools ? What about district taxa- tion for building school houses ? What about the public lands ? What is made the duty of the Legislature in reference to this ? What is the law in regard to the Land Office ? What surveys are declared void ? What certificates ? What about public lands heretofore reserved ? What is said in regard to the granting of lands hereafter ? What about lands heretofore granted to railway companies ? What is the law re- garding donations of land for homesteads ? To whom does the State release mines, etc. ? How shall the Bureau of Immigration be organized ? Who appoints the Su perintendent ? What are his duties ? How shall immigration be promoted ? How shall appropriations be devoted ? 172 CONSTITUTION OF THE ing a citizen of tliis State, have not fouglit a duel with deadly weapons, or committed an assault upon any person with deadly weapons, or sent or acce])ted a challenge to fight a duel with deadly weapons, or acted as second in fighting a duel, or knowingly aided or assisted any one thus offending, either within this State or out of it; that lam not disquali- fied from holding office under tlie Fourteenth Amendment to the Con- stitution of the United States ; (or, as the case may be, my disaljility to hold office under the Fourteenth Amendment to the Constitution of the United States has been removed by act of Congress ;) and further, that I am a qualified elector in this State." Sec. 3. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of tree suffrage shall be supported by laws regulating elections, and ])ro- hibiting, under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practice. Sec. 3. Any citizen of this State, who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or commit an as- sault upon any person with deadly weapons, or send or accept a chal- lenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as second, or knowingly aid and assist in any manner those thus offending, shall be deprived of the right of suffrage, or of holding any office of trust or profit under this State. Sec. 4. In all elections by the people, the vote shall be by ballot ; and in all elections by the Senate and House of Representatives, joint- ly or separately, the vote shall be given viva voce, except in the elec- tion of their officers. Sec. 5. The Legislature shall provide by law for the compensation of all officers, servants, agents and public contractors, not provided for by this Constitution ; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed or contract entered into for the performance of the same ; nor grant, by appropriation or otherwise, any amount of money out of the Treasury of the State to any individual on a claim, real or pretended, where the same shall not have been provided for by pre-existing law. Sec. 6. No money shall be drawn from the Treasury but in ]iur- suance of specific ap]iropriation made by law ; nor shall any api)ro- priation of money be made for a longer term than two years, except for purpo.ses of education ; and no appropriations for private or indi- vidual i)urposes or for purposes of internal improvement, shall be made, without the concurrence of two-thirds of both Houses of the STATE OF TEXAS. 173 Legislature. A regular statement and account of the receipts and ex- penditures of all public money shall be published annually in such man- ner as shall be provided by law ; and in no case shall the Legislature have the power to issue " Treasury warrants," " Treasury notes," or paper of any description intended to circulate as money. Sec. 7. Absence on business of the State, or of the United States, shall not forfeit a residence once obtained, so as to deprive any one of the right of suffrage, or being elected or appointed to any office, un- der the exceptions contained in this Constitution. Sec. 8. The Legislature shall have power to provide for deductions from the salaries of public officers, who may neglect the performance of any duty that may be assigned them by law. Sec. 9. No member of Congress, nor person holding or exercising any office of profit or trust under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit, or trust, under this State. Sec. 10. The Legislature shall provide for a change of venue in civil and criminal cases. Sec. U. It shall be the duty of the Legislature to pass such laws as may be necessary and proper, to decide differences by arbitration, when the parties shall elect that method of trial. Sec. 12. All civil officers shall reside within the State; and all dis- trict or county officers, within their districts or counties ; and shall keep their offices at such places therein as may be required by law. Sec. 13. General laws, regulating the adoption of children, eman cipation of minors, and the granting of divorces, shall be made ; but no special law shall be enacted relating to particular and individual cases. Sec. 14. The rights of married women to their separate property, real and personal, and the increase of the same shall be protected by law ; and married women, infants and insane persons, shall not be barred of their rights of property by adverse possession, or law of limitation, of less than seven years from and after the removal of each and all of their respective legal disabilities. Sec. 15. The Legislature shall have power, and it shall be their duty, to protect by law, from forced sale, a certain portion of the proper- ty of all heads of families. The homestead of a family, not to excc't^tl two hundred acres of land, (not included in a city, town or vill;i_: , ■>[■ any city, town or village lot, or lots, not to exceed five thousand del- 1 74 CONSTITUTION OF THE lars in value, at the time of their designation as a homestead, and without reference to tlie value of any improvements thereon, shall not be subject to forced sale for debts, except they be for the purchase thereof, for the taxes assessed thereon, or for labor and materials ex- pended thereon ; nor shall the owner, if a married man, be at liberty to alienate the same, unless by the consent of the wife, and in such manner as may be prescribed by law. Sec. 16. The Legislature shall provide in what cases officers shall continue to perform the duties of their offices until their successors shall be duly qualified. Sec. 17. Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title. Sec. 18. No law shall be revised or amended by reference to its title ; but, in such cases, the act revised, or section amended, shall be re-enacted and published at length. Sec. 19. Taxation shall be equal and uniform throughout the State. All property in the State shall be taxed in proportion to its value, to be ascertained as directed by law, except such property as two-thirds of both Houses of the Legislature may think proper to ex- empt from taxation. The Legislature shall have power to levy an in- come tax, and to tax all persons pursuing any occupation, trade or profession ; provided, that the term oocupatiou shall not be construed to apply to jjursuits either agricultui"il or mechanical. Sec. 20. The annual assessments made upon landed property shall be a lien upon the property, and interest shall run thereon upon each year's assessment. Sec. 21. Landed property shall not be sold for the taxes due there- on, except under a decree of some court of competent juri.sdiction. Sec. 22. Provisions shall be made by the first Legislature for the condemnation and sale of all lands for taxes due thereon ; and every five years thereafter of all lands the taxes upon which have not been paid to that date. Sec. 23. It shall be the duty of the Legislature to provide by law, in all cases where State or county debt is created, adequate means for the payment of the current interest, and two per cent, as a sinking fund for the redemption of the principal ; and all such laws shall be irrepealable until principal and interest are fully paid. Sec. 21. The Legislature shall, at the first session thereof, and may at any subsequent session, establish new counties for the con- venience of till- inhabitants of such new county or counties ; j^roDided, S T A T K OF TEXAS. 175 that uo new county shall be established which shall reduce the county or counties, or either of them, from which it shall be taken, to a less area than nine hundred square miles, unless by consent of two-thirds of the Legislature ; nor shall any county be laid off of leas contents. Every new county, as to the right of suffrage and representation, shall be considered as part of the county or counties from which it was taken, until entitled by numbers, to the right of separate representa- tion. No new county shall be laid off with less than one hundred and fifty qualified jurors, resident at the time therein ; nor where the county (or counties) from which the new county is proposed to be taken, would thereby be reduced below that number of qualified jurors ; and in all cases where, from the want of qualified jurors, or other cause, the courts cannot properly be held in any county, it shall be the duty of the district judge to certify such fact to the Governor; and the Governor shall, by proclamation, attach such county, for judicial purposes, to that county the county seat of which is nearest the county seat of the county so to be attached. Sec. 25. Annual pensions may be provided for the surviving vet- erans of the revolution which separated Texas from Mexico, and for those permanently disabled in the service of the United States during the late rebellion, provided they entered the service from this State. Sec. 26. Each county in the State shall provide, in such manner as may be prescribed by law, a manual labor poor-house, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants ; and, under such regulations as the Legislature may direct, all persons committing petty offences in the county may be committed to such manual labor poor house for correction and employ- ment. Sec. 27. All persons who, at any time heretofore, lived together as husband and wife, and both of whom, by the law of bondage, were precluded from the rites of matrimony, and continued to live together until the death of one of the parties, shall be considered as having been legally married ; and the issue of such cohabitation shall be deemed legitimate. And all such persons as may be now living to- gether in such relation shall be considered as having been legally married ; and the children, heretofore or hereafter, born of such co- habitations shall be deemed legitimate. Sec. 28. Justices of the peace shall assess the property in their respective precincts, vinder such laws as shall be provided and enacted by the Legislature ; and the sheriffs of the several counties of this State shall collect the taxes so assessed. Sec. 29. Provision shall be made, under adequate penalties, for the 176 CONSTITUTION OF THE complete registration of all births, deaths and marriages, in every or- ganized county of this State. Sec. 30. Every person, corporation or company that may counnit a homicide through willful act or omission, shall be responsible in ex- emplary damages to the surviving husband, widow, heirs of his or her body, or such of them as there may be, separately and consecutively, without regard to any criminal proceeding that may or may not be had in relation to the homicide. Sec. 31. No minister of the gospel, or priest of any denomination •whatever, who accepts a seat in the Legislature, as Representative, shall, after such acceptance, be allowed to claim exemption from mili- tary service, road duty, or serving on juries, by reason of his said pro- fession. Sec. 32. The inferior courts of the several counties in this State shall have the power, upon a vote of two-thirds of the cjualified voters of the respective counties, to assess, and provide for the collection of a tax upon the taxable property, to aid in the construction of internal improvements ; provided, that said tax shall never exceed two per cent, upon the value of such property. Sec. 33. The ordinance of the Convention passed on the first day of February, A. D. 1861, commonly known as the ordinance of seces- sion, was in contravention of the Constitution and laws of the United States, and therefore, null and void from the beginning ; and all laws and parts of laws, founded upon said ordinance, were also null and void from the date of their jiassage. The Legislatures which sat in the State of Texas, from the eighteenth day of March, A. D. 1801, until the 6th day of August, A. D. 1860, had no constitutional author- ity to make laws binding upon the people of the State of Texas ; 'pro- vided, that this section shall not be construed to inhibit the authorities of this State from respecting and enforcing such rules and regulations as were prescribed by the said Legislatures, which were not in viola- tion of the Constitution and laws of the United States, or in aid of tho rebellion against the United States, or prejudicial to the citizens of this State who were loyal to the United States, and which have been actually in force or observed in Texas during the above period of time ; nor to affect, prejudicially, private rights which may have grown up under such rules and regulations ; nor to invalidate offi- cial acts, not in aid of the rebellion against the United States, during said period of time. The Legislature which assembled in the city of Austin on the 6th day of August, A. D. 1860, was pro- visional only, and its acts are to be respected only so far as Ihey were not in violation of the Constiiution and laws of the United STATE OF TEXAS. 177 States ; or were not intended to reward those who participated in the late rebellion ; or to discriminate between citizens on account of race or color ; or to operate prejudicially to any class of citizens. Sec. 34. All debts created by the so-called State of Texas, from and after the 28th day of January, 1861, and prior to the 5th day of August, 1865, were, and are null and void ; and the Legislature is prohibited from making any provision for the acknowledgment or payment of such debts. All unpaid balances, whether of salary, per diem, or monthly allowance, due to employes of the State, who were in the service thereof, on the said 28th day of January, 1861, civil or military, and who gave their aid, countenance and support, to the re- bellion then inaugurated against the government of the United States, or turned their arms against the said government, thereby forfeited the sums severally due to them. All the ten per cent, warrants issued for military services, and exchanged during the rebellion, at the Treasury, for non-interest warrants, are hereby declared to have been fully paid and discharged ; provided, that any loyal person, or his or her heirs or legal representative, may, by proper legal pro- ceedings, to be commenced within two years after the acceptance of this Constitution by the Congress of the United States, show proof in avoidance of any contract made, or revise or annul any decree or judgment rendered, since the said twenty-eighth day of January, 1861, when, through fraud practiced, or threats of violence used to- wards such persons, no adequate consideration for the contract has been received ; or when, through absence from the State of such per- son, or through political prejudice against such person, the decision complained of was not fair nor impartial. Sec. 35. Within five years after the acceptance of this Constitu- tion, the laws, civil and criminal, shall be revised, digested, arranged and published in such manner as the Legislature shall direct ; and a like revision, digest, and publication shall be made every ten years thereafter. Sec. 36. No lottery shall be authorized by this State ; and the buying and selling of lottery tickets within this State is prohibited. Sec. 37. No divorce shall be granted by the Legislature. Sec. 38. The duration of all offices, not fixed by this Constitution, shall never exceed four years. Sec. 39. No soldier shall, in time of peace, be quartered in the house or within the enclosure of any individual without the consent of the owner ; nor in time of war, but in a manner prescribed by law. 178 CONSTITUTION OF THE Sec. 40. All sales of landed property, made under decrees of courts in this State shall be offered to bidders in lots of not less than ten, nor more than forty acres, except in towns or cities — including sales for taxes. Sec. 41. All civil officers of this State shall be removable by an address of two-thirds of the members elect to each House of the Legislature, except those whose removal is otherwise provided for by this Constitution. Sec. 42. The accounting officers of this State shall neither draw nor pay a warrant upon the treasury, in favor of any person for sal- ary or compensation, as agent, officer, or appointee, who holds at the same time any other office or position of honor, trust or profit, under the State or the United States, except as prescribed in this Constitu- tion. Sec. 43. The statutes of limitation of civil suits were suspended by the so-called act of secession of the 28th of January, 180 1, and shall be considered as suspended Avithin this State, until the acceptance of this Constitution by the United States Congress. Sec. 44. All usury laws are abolished in this State, and the Legis- lature is forbidden from making laws limiting the parties to contracts in the amount of interest they may agree upon for loans of money or other property ; provided, this section is not intended to change the provisions of law fixing rate of interest in contracts, where the rate of interest is not specified. Sec. 45. All the qualified voters of each county shall also be quali- fied jurors of such county. Sec. 46. It shall be the duty of the Legislature, after the adoption of this Constitution, to levy a special road tax upon the taxable prop- erty of all persons in this State, and appropriate the same to the build- ing of bridges and the improvement of public roads in the different counties in the State, under such rules and regulations as the Legisla- ture shall provide ; and no law shall be passed requiring the personal services of any portion of the people on public roads. Sec. 47. Mechanics and artisans of every class, shall have a lien upon the articles manufactured or repaired by them for the value of their labor done thereon, or materials furnislied therefor; and the Legislature shall provide by law for the speedy and efficient enforce- meni of said liens. Sec. 48. The Legislature may prohibit the sale of all intoxicating or spirituous liquors in the immediate vicinity of any college or semi- nary of learning ; provided, said college or seminary be located other than at a county seat or at the State capital. STATEOFTEXAS. 179 Sec. 49. The Legislature shall give effect to the foregoing general provisions, and all other provisions of this Constitution, which require Legislative action, according to their spirit and intent, by appropriate acts, bills or joint resolutions. Sec. 50. The Legislature, whenever two-thirds of each House shall deem it necessary, may propose amendments to this Constitution ; which proposed amendments shall be duly published in the public prints of this State at least three months before the next general elec- tion of Representatives, for the consideration of the people ; and it shall be the duty of the several returning officers at the next general election which shall be thus holden, to open a poll for and make a re- turn to the Secretary of State of the names of all those voting for Representatives who have voted on such proposed amendments ; and if thereupon it shall appear that a majority of those voting upon the proposed amendments have voted in favor of such proposed amend- ments, and two-thirds of each House of the next Legislature shall after such election, ratify the same amendments by yeas and naya, they shall be valid to all intents and purposes as parts of this Consti- tution ; provided, that the said proposed amendments shall, at each of the said sessions, have been read on three several days in each House. QUESTIONS ON "GENERAL PROVISIONS." What oath is required of members of the Legislature and all other officers ? Who are excluded from holding office ? How shall free suffrage be supported? Whataboiif duels, challenges, etc. ? How shall the people vote ? Who shall provide for com- pensation of officers ? How shall money be drawn from the treasury ? How shall appropriations be made ? How often shall a statement of receipts and expendi- tures be published ? Shall treasury notes be issued to be used as money ? What is said about absence from the State ? What about deductions from salaries ? What about members of Congress or persons holding offices under U. S.? Who shall pro- vide for change of venue ? Who shall decide difference by arbitration, and how ? What about residence of officers ? What is said about general laws regulating the adoption of children, etc.? What in reference to married women's rights and the rights of children ? What regarding homestead and other exemptions ? Perfor- mance of official duties ? How many objects shall be expressed in one law ? How shall laws be revised ? What about taxation ? Tax liens ? How may landed property be sold for taxes ? What about interest and sinking fund of State and county debts ? What about new counties, their size, suffrage, jurors, etc. ? When and how may pensions be granted ? What is said regarding poor-houses ? Mar- riage aud legitimacy ? How shall property be assessed and taxes collected ? What about births, deaths, and marriages ? Damages for homicides ? Exemption of priests and ministers ? Tax for internal improvements ? What about secession and the laws founded thereon ? What is said about the debts created by Texas be- • tween 28th January, 1861, and August 5th, 1865 ? What about revision of laws ? What is the law regarding lotteries ? Divorces ? Terms of office not fixed by Con- stitution ? Removals from office ? When shall salaries not be paid ? When were the statutes of limitation suspended ? What about usury laws ? Who are qualified jurors ? What about road taxes, etc. ? Liens ? Sale of intoxicating liquors ? How shall effect be given to the provisions of this Constitution ? How may it be amended 5 GENEI\AL REVIEW QUESTIONS. Answers to most of the following will be found in this book. An- swers to some are given below, and to the others can readily be found by the student. 1. In what part of the United States is Texas ? 2. What are its boundaries ? 3. What its area 1 4. What its principal rivers ? 5. Towns? 6. What its chief products ? 7. What is the capital of Texas ? 8. Where situated ? 9. What latitude and longitude ? Ans. Lat. 30-16J^. Long. 97-44. 10. When did it become the permanent capital ? 11. Who was the first white discoverer of Texas ? 12. Of what nation was he ? 13. When was the government of Texas transferred from Spain to Mexico ? 14. When did Texas become independent of Mexico? 15. Who was Stephen F. Austin ? 16. When did he first visit Texas ? 17. When did he die ? 18. Who was the first President of Texas ? 19. Who the subsequent Presidents? 20. What was the prevailing religion of Mexico? 21. Was this religion forced upon the early settlers of Texaa? Ans. No. 22. What is the eastern boundary of Texas ? 23. What the western ? 24. What the northern and southern ? 25. What battle sealed the independence of Texas ? 26. Wliere is the San Jacinto river ? 27. What its length and where does it empty its waters? 28. What town is near the battle-field of San Jacinto ? HISTORY OF TEXAS. 181 29. Where is Galveston island ? 30. What is its extent in length and breadth ?' 31. What celebrated freebooter held his headquarters there in 1817 to 1820 ? 82. What is the name of the largest town in Western Texae ? 33. Where is it situated? 34. When and by whom founded ? 35. Where is Jefferson, Texas ? 36. Where Tyler ? 37. Where Dallas ? 38. Nacogdoches ? 39. Waco? 40. Houston? 41. When did Texas become a State in the Union? 43. Who was the first Governor ? 43. Who the subsequent Governors ? 44. How many counties has Texas ? 45. When did Texas secede from the Union ? 46. When did she return ? 47. Give the exact time of each of these events. 48. Name some of the oldest towns in Texas and the date of their ' settlement. 49. When was the first Constitution of the State of Texas adopted? 50. When was the present Constitution adopted ? 51. How many are in the Senate of Texas ? 52. How many in the House of Representatives? 53. What are the qualifications required of each ? 54. Name the officers composing the executive department of Texas. 55. The legislative department. 56. The judiciary department. 57. How often does the Legislature of Texas meet in regular ses- sion? 58. How many Senators and Representatives in the U. S. Congress has Texas ? 59. What is the general course of the rivers of Texas ? 60. What part of Texas is most wooded ? Ans. Eastern Texas. 61. Where are the prairie lands principally to be found ? Ans. In the western part of the State. 62. Where is the Texas penitentiary ? 63. Where is Huntsville? 64. What part of Texas is most exposed to invasions from Indians ? Ans. The northwestern and western frontier. 65. What Indians are most troublesome ? xins. The Comanches. 182 HISTORY OF TEXAS. 66. What is the number of this tribe ? Ans. They are supposed to have still five or six thousand warriors. 67. What was the population of Texas in 1870 ? 68. What is supposed to be its present population? 69. What foreign countries are contributing most largely to the population of Texas ? Ans. Sweden and the German States. 70. What is the area of Texas ? 71. Then what its population to the square mile ? Ans. Between three and four persons. 72. What is the area of New York State ? 73. What is the population of New York State to the square mile? A)is. About eighty persons. 74. How many would Texas accommodate at the same ratio ? 75. What is the diflerence in time between Austin, Texas, and Washington, D. C. ? Ans. The time at Austin is one hour twenty two minutes and forty-three seconds slower than at Washington ; or in other words, when it is twelve o'clock M. at Austin, it is about twenty three minutes past one at Wash- ington. 76. Explain this. APPEIDIX: BEING A COLLECTION OF EXTRACTS FROM THE \\^RITI]SraS and SI^EECHKS OF EARLY AND PROMINENT TEXANS. DESIGNED FOR READING AND DECLAMATION. 4PPENDIX. From the Proclamation of Oen. Sam Houston, Commander-in-Chief, Dec. 12, 1835. "Citizens of Texas : Tour rights must be defended. The oppressors must be driven from our soil. Submission to the laws and union among ourselves will render us invincible ; subordination and disci- pline in our army will guarantee to us victory and renown. " Our invader has sworn to exterminate us or sweep us from the soil of Texas. He is vigilant in his work of oppression, and has or- dered to Texas ten thousand men to enforce the unhallowed purposes of his ambition. His letters to his subalterns in Texas have been in- tercepted, and his plans for our destruction are disclosed. Departing from the chivalric principles of civilized warfare, he has ordered arms to be distributed to a portion of our population for the purpose of creating in our midst a servile war. The hopes of the usurper were inspired by a belief that the citizens of Texas were disunited and divided in opinion : that alone has been the cause of the present invasion of our rights. He shall realize the fallacy of his hopes, in the union of our citizens, and in their eternal resistance to his plans against constitutional liberty. We will enjoy our birth-right or per- ish in its defence." From the Report of Thomas J. Busk, Secretary of War, relative to the battle of San Jacinto, April 26, 1836. " 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 seven hundred and fifty effective men. 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 country from a yoke of bondage, and all who partici- 186 HISTORY OF TEXAS. pated in it are entitled to the special munificence of government, and the heartfelt gratitude of every lover of liberty. The sun was sink- ing in the horizon as the battle commenced, but at the close of the couHict the sun of liberty and independence rose in Texas, never, never to be obscured by the clouds of despotism. We have read deeds of chivalry, and perused with ardor the annals of war. We have contemplated with the highest emotions of sublimity, the loud roar- ing thunder — the desolating tornado — and the withering simoom of the desert ; but neither of these, nor all of them, inspired us with emotions like those felt on this occasion. The officers and men were actuated by a like enthusiasm. A general cry pervaded the ranks, and that cry was : " Remember the Alamo ! remember La Bahia ! "* These words electrified all. " Onward " was the cry. The unerring aim, and irresistible energy of the Texan army, could not be with- stood. It was freemen fighting against the minions of tyranny, and the result proved the inequality of the contest." From Mrs. Holly's History of Texas. A TEXAS PRAIRIE IN SPRING TIME. " It is impossible to imagine the beauty of a Texas prairie when in the vernal season its rich luxuriant herbage, adorned with many thousand flowers of every size and hue, seems to realize the vision of a terrestrial paradise. The delicate, gay and gaudy, are intermingled in delightful confusion ; and these fanciful bouquets of fairy Nature borrow ten-fold charms when associated with the verdant carpet of grass which modestly mantles around. One feels that Omnipotence has here consecrated in the bosom of Nature, and under Heaven's wide canopy, a glorious temple in which to receive the praise and adoration of the grateful beholder ; and cold indeed must be the soul from which no homage could here be elicited. Methinks the veriest infidel would here be constrained to bow and worship." " From " Letters from Texas." A PRAIRIE SUNSET. " You have doubtless often read of a sunset at sea, but I presume have never read of a sunset on the prairie. " Splendid as is the former, it does not eclipse the latter. When ♦ La Bahio, the early name of Qoliad. APPENDIX. 187 far away from home and kindred, upon the bosom of the mighty deep, I have sat and watched the orb of day as he slowly sank into his ocean bed, and thought the world could not afford another sight as beautiful. But when upon the wide prairie, night approaches the be- holder, and tlie dazzling, golden rays of the sun begin to redden ; and the mighty day-god lays aside his piercing appearance, and per- mits the eye of man to gaze upon him with impunity, then, indeed, the soul is filled with wonder at the sublimity of the scei^e. The gorgeous clouds form a rosy pathway for him to tread, as he walks downward into his bed of flowers and verdure. Around him float airy purple clouds, while beneath are otliers tinged with the richest of ver- milion. As he sinks slowly down, he resembles a huge ball of fire falling amidst the grass of the prairie. When at length the sun is hid for the night, the fleecy clouds float for a few moments beneath the azure sky, and then disappear. Then the bright silver stars come peeping forth, one after another, gladdening the eye with their twinkling light. Then comes up the full, round moon, attended by myriads more of bright stars, into the firmament already studded with these gems. Soon the light is sufii- ciently bright to enable the student to continue his labors by the moon's rays. He who is an admirer of the beauties of nature, cannot look upon a scene like this unmoved. The wide prairie which lies spread out on every side, is here and there relieved by a clump of trees, which serves to render the scene more enchanting. Poets have often sung of the beauty of Italian skies, but those who have seen both, pi-onounce ours equally beautiful. It does not appear to me possible that there can be a land more lovely than Texas." From President Houston's letter to Santa Anna in March, 1842. " You touchingly invite ' Texas to cover herself anew with the Mexican flag.' You certainly intend this as a mockery. You denied us the enjoyment of the laws under which we came to the country. Her flag was never raised in our behalf, nor has it been seen in Texas except when displayed in an attempt at our subjugation. We know your lenity — we know your mercy — we are ready again to test your powers. You have threatened to plant your banner on the banks of the Sabine. Is this done to intimidate us? Is it done to alarm us ? Or do you deem it the most successful mode of conquest ? If the latter, it may do to amuse the people surrounding you. If to alarm us, it will amuse those conversant with the history of your last campaign. If to intimidate us, the threat is idle. We have 188 II I S T O E Y OF TEXAS. desired peace, — you have anuoyed our frontier, — you have harassed our citizons ; you have incarcerated our traders, after your commis- sioners had been kindly received, and your citizens allowed the privileges of commerce in Texas without molestation. " You continue aggression — you will not accord to ua peace. We vnll have it! You threaten to conquer Texas. We will war with Mexico. Your pretentions with ours you have referred to the world, and to the God of battles. We refer ours to the same tribunals. The issue involves the fate of nations. The event is known to the tribu- nal of heaven. If the experience of the past will authorize specu- lations of the future, the attitude of Mexico is more ' problematical ' than that of Texas." ¥rom Oov. Smith's Address to the People of Texas. Executive Department, March, 1836. "TEXAS EXPECTS EVERY MAN TO DO IIlS DUTY." " Fellow Citizens of Texas : The enemy are upon us. A strong force surrounds the walls of the Alamo, and threatens that garrison with the sword. Our country imperiously demands the service of every patriotic arm, and longer to continue in a state of apathy will be criminal. Citizens of Texas ! descendants of Washington ! awake ! arouse yourselves ! ! The question is now to be decided, are we to continue freemen, or bow beneath the rod of military despot- ism ? Shall we, without a struggle, sacrifice our fortunes, our liber- ties, and our lives, or shall we imitate the example of our forefathers, and hurl destruction on the heads of our oppressors ? The eyes of the world are upon us ! All friends of liberty and the rights of man are anxious spectators of our conflict ; or are enlisted in our cause. Shall we disappoint their hopes and expectations "? No ! Let us at once fly to arms, march to the battle-field, meet the foe, and give renewed evidence to the world that the arms of freemen uplifted in defence of their liberties and rights are irresistible. ' Now is the day and now is the hour ' that Texas expects every man to do his duty. Let us show ourselves worthy to be free and we shall be free / " President Burnet's Proclamation to the People of Texas, June 20, 1836. " Citizens of Texas : The enemy are again preparing to invade our Boil. Intent on vengeance for their defeat, they have rallied another horde of miscreants, and hopi^ to accomplish by their hasty levies, a conquest which the utmost exertions of their favorite chieftain has APPENDIX. 189 failed to effect, Urrea, the cold-blooded murderer of the gallant Fannin and his noble band, leads the returning vandal host, and threatens to exterminate all free-born Texans. Again, fellow citizens, you are called upon to rally to the standard of your country, to sus- tain the independence you have solemnly pronounced, and to preserve your homes, your domestic altars, and your sacred liberty from pollu- tion and enthrallment. The approaching army threatens to be more formidable than that you so lately and so gloriously vanquished on the plains of San Jacinto. But Texans ! what you have once done, you can do again. 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 darkness. Let us exemplify as a people, this glorious property of the highest military attribute. Let every citi- zen of Texas repair with alacrity to his post. It is the sacred duty of every man who calls Texas his home, and who claims a proprie- tary interest in her soil, to stand forth in her defence, in this her hour of peril. Let none prove recreant. The trial of real patriotism is at hand. Action, prompt energetic action, is the best evidence of a patriot's zeal. Noisy and blustering words may deceive for a time, but right actions carry conviction to the mind. Let us realize that the ' best security for our families is to be found in a gallant bear- ing before the enemy.' The army is the best buckler we can throw around our wives and children. The contest is for life, liberty and independence. Let every man do his duty, and the glorious prize will be gloriously won." Houston to Santa Anna, March, 1843. " Then was presented to Texas the alternative of tamely crouch- ing to the tyrant's lash, or exalting themselves to the attributes of freemen. They chose the latter. To chastise them for their pre- sumption you advanced upon Texas with your boasted veteran army. You besieged and took the Alamo, but under what circumstances V Not surely those which should characterize a general of the nineteenth century. You assailed one hundred and fifty men destitute of every supply requisite for defense. Its brave defenders, worn down by con- stant vigilance, and unremitted duty, were at length overwhelmed by nine thousand men, and the place taken. I ask you, sir, what scenes followed ? Were they such as should characterize an able General, a magnanimous warrior, and the President of a great nation ? No I Manliness and generosity would sicken at the recital of the scenes in- cident to your success, and humanity would blush to class you among the chivalric spirits of the age of vandalism. This you are pleased 100 HISTORY OF TEXAS. to class in the ' succession of your victories ;' and I presume you ^vould also include the massacre at Goliad. Your triumph there, if such you are pleased to term it, was not the triumph of arms, — it was the suc- cess of perfidy ! Fannin and his brave companions had beaten back and defied your veterans. Although outnumbered more than seven to one, their valiant, heiirly and indomitable courage, and holy devotion to the cause of freedom, had foiled every effort of your General to in- sure his success by arms. He had recourse to a flag of truce ; and ■when the surrender of the little patriot band was secured by the most solemn treaty stipulations, what were the tragic scenes which ensued? The conditions of the surrender were submitted to you, and, though you have denied the facts, instead of restoring them to liberty accord- ing to the conditions of the capitulation, you ordered them to be exe- cuted, contrary to every pledge given them, contrary to the rules of war, contrary to every principle of humanity. Yet at this day you have the effrontery to animadvert upon the conduct of Texans relative to your captivity after the battle of San Jacinto." " THE FLAG OF THE LONE STAR." " It is universally believed in Georgia, that the flag of the lone star was the work of Miss Troutman, of Crawford county, Georgia, now Mrs. Pope, of Alabama ; and by her presented to the Georgia battalion, commanded by Lieut-Col. Ward. * * * '• It was of plain white silk, bearing an azure star of five points on either side. On one side was the inscription: "Liberty or DcatJi," and on the other, the appropriate Latin motto : " Uhi Libcrtas habitat ibi nostra i^atria est." " This flag was unfurled at Velasco on the 8th day of January, 183G, and proudly floated on the breeze from the same liberty polg with the first flag of independence, which had just been brought from Goliad by the valiant Capt. ^^'illiam Brown, who subsequently did such daring service in the navy of Texas. * * * " On the meeting of the first Congress, the flag of the lone star was adopted as the national flag of the young Republic. " A correspondent of the Central Texian denies the claim of Georgia, and insists that the Jirst lone star flag ever unfurled in Texas, was presented by Mrs. Sarah R. Dodson to a company of vol- unteers raised in Ilarrisburgh, Texas, in 1835, and commanded by Capt. Andrew Robinson. The flag was a tri-color of white, red and blue. The star was white, five pointed, and set in a ground of red." — Texas Almanac for 186L APPENDIX, ' 19i THE STAR AND CUP. BY PRESIDENT LAMAR. " The second of March, the anniversary of the independence of Texas, was on one occasion celebrated in a grove in Washington county, and the rigid exclusion of wine was made a special feature of the rural banquet. The cup which circulated that day under our Lone Star,' was filled with the pure crystal water of tlie spring. Hence these lines and their title : " I love the bright Lone Star, that gems The banner of the brave ; I love the light that guideth men. To freedom or the grave. But oh ; there is a fairer Star Of pure and holy ray, That lights to glory's higher crown, And freedom's brighter day. It is the Star before whose beams. All earth should bow the kuee, — The Star that rose o'er Bethlehem And set on Calvary. " Let others round the festive board. The maddening wine cup drain ; Let others court its guilty joys. And reap repentant pain. But oh ! there is a sweeter cup. And be its raptures mine, Whose fragrance is the breath of life — Whose spirit is divine. It is the cup that Jesus filled; He kissed its sacred brim : And left the world to do the same In memory of Him." From the Texas Almanac, 1860. " We take the following interesting document from the State Ga- zette, and by it copied from the Texas Republican, published at Bra- zoria, dated January 13, 1836, It is sajd to be the only copy in ex- istence," 192 HISTORY OF TEXAS. Extract from the concluding ^jari of a Declaration of Independence, made by the citizens of Goliad, Dec. 23, 1835. " Men of Texas : Nothing short of independence can place us upon solid ground. This step will. This step, too, will entitle us to con- fidence, and will procure credit abroad. Without it, every aid we re- ceive must emanate from the enthusiasm of the moment, and with the moment will pass away or die forever. Unless we take this step, no foreign power can either respect or even know us. None will haz- ard a rupture with Mexico, impotent as she is, or incur censure from other powers for interference with the internal affairs of a friendly State, to aid us in any way whatever. Our letters of marque and reprisal must float at the mercy of every nation. And whatever courtesy or kindly feeling may do, or forbear to do in aid of our strug gle pr<- secuted on the purest basis, it would be idle, and worse than childlike to flatter ourselves with the hope of any permanent benefit from this branch of the service, without declaring to the world as a people, our independence of military Mexico. Let us take the tyrant and his hirelings at their word. They will not know us but as ene- mies. Let us then hereafter know them as independent States know each other, — as " enemies in war — in peace, friends." Therefore, 1. " Be it resolved, That the former province and department of Texas is, and of right ought to be, a free, sovereign, aixi independent State. 2. "That as such it has, and ought to have, all the powers, facul- ties, tributes, and immunities of other independent nations. 3. " That we, who hereto set our names, pledge to each other our lives, our fortunes, and our sacred honor, to sustain this declaration, relying with entire confidence on the co-operation of our fellow citi- zens, and the approving smiles of God, to aid and conduct us victori- ously through the struggle to the enjoyment of peace, union, and good government ; and invoking His maledictions if we should either equivocate, or in any tnanner whatever, prove ourselves unworthy of the high destiny at which we aim." Signed by Wm. G. Hill, J. T. Bkll, Ik.\ Inguam, and eighty-eight others. Frovi President Lamar's Message, November, 1840.* " Scarcely five years have elapsed since Texas, without money or arms, or any of the means of war, and with a population of less than forty thousand souls, first raised the standard of resistance to the des- * This long sentence will furnish a good exercise in reading or speaking. APPENDIX. 193 potism and misrule of a government claiming the control of bound- less wealth, and of eight millions of inhabitants ; and yet, within that short period, and against such fearful odds, she has not only achieved and secured her independence beyond the reach of doubt, but has maintained a well organized government at home, established foreign relations abroad, more than quadrupled her population, and now ex- hibits to the world a country teeming with all that is essential to the necessities or happiness of man ; and this, too, without incurring a debt exceeding five millions of dollars including ever}' species of lia- bility both foreign and domestic. Can such a state of things as this produce gloom and despondency in the hearts of those whose indomi- table courage, and persevering resolves have achieved so much '' " Assuredly not — on the contrary we find in it abundant cause to felicitate ourselves on the almost magical change which in so short a time has already been produced, and every inducement to stimulate us in the pursuit of that policy which has thus far led to such fortu- nate results." Speech of Hon. D. 8. Kaufman welcoming M. De Saligny to the House of Representatives of Texas, November 17, 1840. " SiK : On behalf of the House of Representatives I welcome your presence in this hall. In you we recognize an ardent and de- voted friend of Texas ; and more than all, an able and faithful rep- resentative of that great and gallant nation, the very mention of whose name cannot fail to excite the liveliest emotions of gratitude in the bosom of every American. Your liberal and illustrious sovereign, Louis Philippe, always jealous of his country's honor and glory, has never yet evinced an envy of another nation's success. A monarchy herself, France has always been ready to extend to republics the right hand of fellowship. We have read and heard of her magnanim- ity to the United States when struggling with the gigantic power of Britain ; we have seen and felt her friendship towards us, when we were as yet unnoticed and unknown. She has taken us by the hand, and welcomed us into the family of nations. * * * To you, sir, as the pupil of the illustrious Lafayette, we feel much indebted for our elevated stand among the nations of the earth. You have spared no pains — you have left untried no exertions, to disabuse the European mind of unjust prejudice against our infant Republic. Go on, sir, in your friendly work. Republics are not ungrateful Texas will long remember with gratitude your friendship to the cause. 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These are arranged according to a strictly progrsssive and novel method of developing the elementary sounds in order in the lower numbers, and in all, with a view to topics and general literary style. The mind is thus led in fixed channels to profl ciency in every branch of good reading, and the evil results of ' scattering ' as prac- tised by most school-book authors, avoided. The Illustrations, aa may be inferred from what has been said, are elegant beyond comparison. They are profuse in every number of the series from the lowest to the highest. This is the only series published of which this is true. The Type is semi-phonetic, the invention of Prof. Watson. By it every letter having more than one sound is clearly distinguished in all its variations without in any way mutilating or disguising the normal form of the letter. Elocution is taught by prefatory treatises of constantly advancing gradt and completeness in each volume, which are illustrated by wood-cuts in the lower books, and by black-board diagrams in the higher. Prof. V/atson is the first to introduce Practical Illustrations and Black-board Diagrams for teaching this branch. Foot Notes on every page afford all the incidental instruction which the teacher is usually required to impart. Indices of words refer the pupil to the place of their first use and definition. The Biographies of Authors and others are in every sense excellent. Economy. Although the number of pages in each volume is fixed at the minimum, for the purpose recited above, the utmost amount of matter available without overcrowding is obtained in the space. The pages are much wider and larger than those of any competitor and contain twenty per cent more matter than any other series of the same type and number of pages. All the Great Features. Besides the above all the popular features of the National Readers are retained except the Word-Building system. The lattc^ gives place to an entirely new method of progressive development, based npoQ «ome of the best features of the Word System, Phonetics and Object Lessons. The JYational Series of Standard School-Hoofcs. WATSON'S CHILD'S SPELLER. THE INDEPENDENT CHILL'S SPELLEE. IPrioe iiJG Cents. This unique 'boolj, published in 1872, is the first to be consistently printed in Imitation of writing ; that is, it teaches orthography as wo use it. It is for the emallest class of learners, who soon become familiarized with words by their formi, and learn to read writing while they spell. EXTRACT FROM THE PREFACE. Sucwcss in teaching English orthography is still exceptional, and it mast so con- tinue until the principles involved are recognized in practice. Form is foremost: the eye and the hand must be trained to the fonnation of words ; and since spelling is a part of writing, the written form only should be used. The laws of mental association, also— especially those of resemblance, contrast, and contiguity in time and place — should receive such recognition in the construction of the text-book as shall insure, whether consciously or not, their appropriate use and legitimate re- sults. Hence, the spelling-book, properly arranged, is a necessity from the first ; and, though primers, readers, and dictionaries may serve as aids, it can have no competent Substitute. Consistently with these views, the words used in the Independent Child's Spolh-r have such original classifications and arrangements in columns — in reference to location, number of letters, vowel sounds, alphabetic equivalents, and consonant terminations — as exhibit most effectively their formation and pronunciation. The vocabulary is strictly confined to the simple and significant monosyllables in com- mon use. He who has mastered these may easily learn how to spell and pronounce words of more than one ; yllable. The introduction is an illustrated alphabet in script, containing twenty-six pic- tures of objects, and their names, commencing both with capitals and small letters. Part First embraces the words of one, two, and three letters; Part Second, the words of four letters ; and Part Third, other monosyllables. They are divided into short lists and arranged in cohimns, tlic vowels usually in line, so as to exhibit in- dividual characteristics and similarity of formation. The division of words into paragraphs is shown by figures in the columns. Each list is immediately followed by sentences for reading and writing, in which the same words are again presented with irregularities of form and sound. Association is thus emplo3'ed, memory tested, and definition most satisfactorily taught. Among the novel and valuable features of the lessons and exercises, probably the most prominent are their adaptedness for young children and their being printed in exact imitation of writing. The author believes that hands large enough to spin a top, drive a hoop, or catch a ball, are not too small to use a crayon, or a slate and pencil ; that the child's natural desire to draw and write should not be thwarted, but gratified, encouraged, and wisely directed ; and that since the written form is the one actually used in connection with spelling in after-life, the eye and the hand of the child should be trained to that form from the first. He hopes that this little work, d'^sipned to precede all other spelling-books and conflict with none, may Mtisfy the need so universally recognized of a fit introduction to orthography, pc» mansh'.p, and £:ig'ish compoaition. 5 aiiifs' UlafTiEmaficsi. SHE WBSf F@MS ©oirsss, And Only Thorough and Complete Mathematical Series. IlSr TKCIiEE FA-TITS. /. COMMON SCHOOL COURSE. Davies' Primary Arithmetic — The fundamental principles displayed In Object Lessons. Davies' Intellectual Arithmetic— Referring all operations to the unit 1 as the only tang.!ble basis for logical development. Davies' Elements of Written Arithmetic— A practical introduction to the whole subject. Theory eubordiuated to Practice. Davies' Practical Arithmetic*— The most successftil combination ofTheory and Practice, clear, exact, brief, and comprehensive. //. ACADEMIC COURSE. Davies* University Arithmetic*— Treating the subject exhaustively as a science^ in a logical series of connected propositions. Davies' Elementary Algebra.*— A connecting link, conducting the pupil easily from arithmetical processes to abstract analysis. Davies' University Alg'obra.*— For institutions desiring a more complete but not the fullest course in pure Algebra. Davies' Practical Mathematics.— The science practically applied to the useful arts, as Drawing, Architecture, surveying, Mechanics, etc. Davie s' Elementary Geometry.— The important principles in simple form, but with all the exactness of vigorous reasoning. Davies' Elements of Surveying.— Re-written in 1870. The simplest and most practical presentation for youths of 12 to IG. ///. COLLEGIATE COURSE. Davies' Bourdon's Algebra.*- Embracing Sturm's Theorem, and a most exhaustive and sfholarly course. Davies' University Algebra.*— A shorter course than Bourdon, for Institu- tions have less time to give the subject. Davies' Legendre's Geometry.— Acknowledged A'i«', Sphi^rical Piojections, and Warped Surfaces. Davies' Shades, Shado'ws, and Perspective.- A succinct exposition of the mathematical principles involved. Davies' Science of Mathematics.- l^or teachers, embracing I. OuAMMAii OP Arithmetic, III. I.ooio and UrrLiTY op Mathematics, II. Outlines or Matuematics, IV. Mathematical Dictionary. KETB MAY BE OBTAINED mOM THE rUDLISnEBB BY TEACHERS ONLY. THE WORMAH SERIES IN MODE RN LANGUAeE. A Complete Course in German. By JAMES H. WORMAN, A.M. KSfBRACIKa GrEJRM-A-N READER, GS-KRM:A:sr C0I*Y-B00K!=:, GER]VIA.ISr ECHO. IN PBEPAKATION, HISTORY OF g^erm:^.?^ l,itera.txjre, GERMiAlSr AJSCD ENGLISH LEXICOIST. I. THE GERMAN GRAMMARS of Worman are widely preferred on ac- count of their clear, explicit method (on the conversation plan), introducing a system of aniiogy and comparison with the learners' own language and others commonly studied. Thj arts of speaking, of understanding the spoken language, and of correct pronun- ciation, are treated with great success. The new classiflcatious of nouns and of irregular verbs are of great value to the Eupil. The use of heavy type to indicate etymological changes, is new. The Vocabu- iry is synohymical — also a new leature. II. WORMAK'S GERMAN READER contains progressive selections from a wide range of the very best German authors, including three complete plays, which are usually purchased in separate form for advanced students who have com- pleted the ordinary Header. It has Bio:Traphies of eminent authors. Notes after the text. References to all Ger- man Grammars in common use, and au adequate Vocabulary ; also. Exercises for translation into the German. III. WORMAX'S GERMAN ECHO (Denfsches Echo) is entirely a new thing in this country. It presents familiar colloquial exercises without translation, and will teach tluent conversation in a few months of diligent study. No other method will ever make the student at home in a foreign language. By this he thinks in, as well as speaks it. For the time being he is a German through and through. The laborious process of translating his thoughts no longer impedes free unembarrassed utterance. f ORMAFS COMPLETE FRENCH COURSE IS INAUGUKATED BT Ij'±3CI3:0 IDE I>-A-I^IS, Or, "French Echo;" on a plan identical with the Grcrman Echo described above. This will be followed in due course by the other volumes of THE ereistch: series, Yiz. : A COMFIETE GRAMMAR, \A ERENCH READER, AN ELEMENTARY GRAMMAlt, \ A FRENCH LEXICON, A HISTORY OF FRENCH LITERATURE. "WORMAN'S WORKS are adopted as fast as published by many of the best institutions of the country. In completeness, adaptation, and homogeneity for consistent courses of instruction, they are simply X7IVRIVAIL.13r>. v H107 75 if •1 o^ ^^•n^. \ Vc/ ;J^^^ \..^ ^ai^v "^..Z ;i^V/>^< '^^ '^n cT?^'' »'^WA^ "^^ vS^ 0^ e-' -^ 'V ^* .< ^°-^*. .. >^^^ N. MANCHESTER