Brazoria 18th Novr. 1836. To the Honble M. B. Lamar Respected Sir
In endeavoring to comply with your request, I find myself greatly at a loss. The destruction of my office and papers at the burning of San Felipe, during the invasion of the enemy, puts it entirely out of my power to furnish you with such data as would at once, not only satisfy your enquiries, but at the same time afford me infinite pleasure. The only means left within my power is to furnish you with such scraps and portions of official and other documentary proceedings as may be within my reach and draw on a very treacherous memory to complete the chain. In doing this I cannot descend to minutia or be particular as to dates, but only give a general outline of the changes and rechanges, actions and counteractions which have taken place in Texas, within the times named. And as this is done on the principles of epistolary intercourse, it will be laid on the plain basis of simple narrative, with a strict adherence to truth, but without embellishment, and with perhaps, very little comment.—I will commence with a short biographical sketch—not by way of writing my life, a matter in which neither you nor the world would feel any interest, but for the purpose of making comparisons, and shewing when and from whence I came to Texas. In doing this I will only trace back to the old dominion.
My father James Smith emmigrated from Bedford County Virginia at a very early period, and joined company with Col. Daniel Boone, the great pioneer of the west, on his second trip to the wilds of Kentucky where he settled with his family at a place called Smiths Station [in what is] now Garrard County, where he secured by his early introduction what was then termed a settlement and preemption right and at which place he reared a large family and died when I was about nine years of age. At that place I was born on the 20th of May 1788, was the youngest son, and was afforded such opportunities in my course of education as the situation and newness of the country would at that time permit, which by the by were quite limited, until I arrived to the age of 17 years, from that time I was engaged in various business pursuits and traveling, exploring new countries etc until about the close of the war [of 1812]. In the fall of the year [18] 15 I removed to Missouri, which was then a Territory, and there I had to suffer all the privations and inconveniences incident to new and wilderness countries, which it is unnecessary to enumerate, for it was proverbially called the land of milk and honey, and does realy in some degree deserve the appellation. Though many seemed delighted and pleased with the country, I must frankly acknowledge I never was. I had many faults to find, lived in various parts of it, and finally settled near a little Town called Chariton, in the upper part of Howard County, where I lived for several years. I would here remark that previous to my emmigration to Missouri and during my residence there, I had traveled over a great part of Alabama, the Western District of Tennessee Arkansas Illinois, Indiana and in fact very nearly all the new countries that were then open for settlement, and was finally brought to this conclusion—that a man born and raised in the part of Kentucky that I was, would be very hard to please in any new country, that was then within my knowledge or at least which I had visited.
In the course of my rambles I had heard something said about Texas both for and against: very little however was known of the country at that time for but few had yet visited it, and but few publications had been circulated respecting the country or the inducements held out to emmigrants. Being however, dissatisfied and desiring a more mild and healthful climate and having a Geographical knowledge of the localities of the country I determined to identify my fortunes with it, be it for better or for worse. And having met with some misfortunes and reverses in Missouri, was determined to leave it, believing I had everything to hope for,—that I could neither be worsted in climate, health or society, and as such determined in the spring of the year 1826 that I would in the fall of that year set out for Texas; which I accordingly did early in the month of November. I put my family and effects on board of a flat-boat, and descended the Missouri and continued on to New Orleans. The waters at that season of the year were very low which rendered the trip both tedious and hazardous. I met on the way and particularly at N Orleans many discouragements, every person who pretended to know any thing of Texas, either from personal observation or hearsay, depicted it in the most shocking and horrid point of view—cannibals, savage wild beasts of every hue and form were innumerable and in waiting to destroy the deluded emmigrant, and if even they should be eluded—the sword of civil war, then raging, famine or pestilence would surely close the scene. This portraiture, combining so many great evils unmixed with any seeming good, or even any probable means of escape, was certainly calculated to damp the spirits of any but a true back woodsman. Indian stories and Indian depredations were not new to me, for much had happened within my own recollection. My Mother had been captured by them in her youth in Augusta County Virginia, if my recollection serves me, and my Father was 18 months a prisoner with them since my own recollection, so that it may be fairly presumed that so far as Indian tales were concerned they would be fairly appreciated. And as it respected the innumerable beasts of prey and destruction, however inconvenient and troublesome they might prove to be, I felt an assurance that they would at least preclude the idea of starvation. It will be recollected that about that time the Freedonian party, about eighteen in number, raised the flag for Independence at Nacogdoches which created some little stir in Texas, and give rise to the rumor, in New Orleans and elsewhere, of civil war raging in Texas, which however was soon quieted and corrected. At that time there was but little commerce between New Orleans and Texas, the coast was but little known and it was with much difficulty I could procure a vessel to make the trip, but finally succeeded in procuring a good schooner, commanded by a worthy and experienced seaman, had a favorable passage, found and entered the mouth of the River Brazos without difficulty and ran up and landed at the place where the Town of Marion 61 is now situated on the 8th day of March [18]27 making just four months from the time I embarked on the Missouri River until I landed in Texas.
The arrival of vessels in those days were so seldom that the news immediately spread over the country and the people collected for many miles around to hear the news, see and be seen, and procure such necessaries as might be within their power. This was the case on our arrival, but there were then, comparatively speaking, but few people in the country and them scattered over a large territory. As I had just arrived in a new and wild country it is natural to suppose I would spare neither pains nor opportunity in making inquiries respecting the health and different localities of the country. The first Texian citizen, with whom I became acquainted, was a Captain — his dress was the full, and fashionable, uniform of the country—leather cap a pie—which was by no means uncomly for it seemed to combine in an eminent degree the grand prerequisites of elasticity, pliancy and duribility. I very soon found the Captains disposition to be that of an open frank and friendly backwoodsman—to speak freely and frankly what he thought, and think what he pleased. I immediately commenced my enquiries with the Captain, during which time however, the bottle had been circulating freely, without producing any deleterious effects, but on the contrary to brighten ideas, give scope to the imagination and untrammel the organs of articulation and emphasis. His replies to my enquiries were truly laconick, and verbatim as follows. Well Captain, you have been in the country some time and from what you have seen of it, and from your knowledge of new countries generally, I would have great confidence in your judgement; in what part of the country would you advise me to pitch my tent? I wish to combine the advantages of health good land etc etc? Well ... Sir, you must recollect you are now in Texas, and it is large, and a d—d fine country. ask such a man, pointing to him, and he will tell you that such a point combines more advantages than any other, because he made his own selection, and lives there. ask such another one, and he will tell you that some other point is the most desirable, for the very same reasons, and so of all the rest. but, continued he, throwing aside all jesting and joking, partialities and prejudices, I'l ... d—d if a certain section of country, naming it, does not only combine more advantages than any other portion of Texas, but ... sir, it is the cream of the world. In what section of the country have you located yourself Captain? Wy! right there as a matter of course ... sir, where else would you suppose ha ha. I soon found on pushing my enquiries, that the Captains replies, though laconick, were in the main correct, that every man deem'd his own judgment in selection preferable to that of his neighbour, and all seemed mutually pleased, as every man in the country seemed to be satisfied in his own mind that his particular choice was preferable to all others.
Such was the happy state of feeling in the country at that time, which is certainly not common to be met with in new countries. Unfortunately however, this state of things did not continue to exist very long. For so soon as the hardy and adventurous pioneers had by dint of industry and indefatigable perseverance pruned the wilderness of some of its asperities, and by many a hard fought skirmish dispersed the cannibal, and other savage bands, that infested the country, and rendered its settlement hazardous, things by degrees began to wear a new aspect. It was ascertained by degrees that emmigrants to Texas, were not immediately eat up by cannibals nor torn to pieces by wild beasts—that the sword of civil war was sheathed, and that their bodies were not entirely ematiated by famine—that they possessed a fine champaign country, with a mild and salubrious climate, soil inexhaustible in its fertility, and that a kind and munificent Providence sent them rain in due seasons—and isolated neglected, and despised, as Texas then seemed to be, without notice or commerce, that her hardy pioneers, by working their own soil, and ranging their own forrests, if they could not procure all the epicurean delicacies, and shine forth in fine trappings, that they could at least, from their own industry, abundantly produce all the substantial, and many of the real luxuries of life independent of all other countries. Superadded to this she possessed an extent of sea coast, indented with many fine harbors bays and inlets, and pierced with many fine navigable Rivers extending far back into the interior of the country; so that it required no great streach of imagination to plainly see that Texas ere long was not only calculated from her peculiar juxtaposition to become a land of agriculture but of commerce of science and of laws—and would ultimately serve as a kind of entrepot to eradicate by degrees the gross errors and fast bound superstitions which now enshrouds the whole Mexican Republic. After a few years the character of the country became by degrees better known abroad, and emmigration from the various parts of the world began to set in more rapidly and its commerce increased in an equal ratio. The country now being open and all the hazards and asperities removed—the bone-pickers began by degrees to make their appearance, such as land jobbers, agents, proxies, company agents, swindlers for themselves and others etc etc until the country by degrees became infested on every side. It was not who should have this league, or that league, but who should have this or that colony. Cupidity on the part of the land speculators and swindlers continued to show itself in a greater or less degree, while deep rooted jealousy evinced itself on the part of the Government, by the passage of the law of the 6 of April 1830 prohibiting the further introduction of colonists from the United States of the North, of which more will be said hereafter.
As before observed, the settlers of Texas at the time of my arrival were few and much scattered. All appeared to be well contented and satisfied with their lot. Universal hospitality and friendship seemed to prevail throughout the whole country, and continued so for several years oweing no doubt, in a great degree to their mutual dependence on each other for protection. The Empresario then possessed the sole governing power over the colonists, who established, for the time being, a set of colonial laws for their better Government. Laws however, were of but little use, as their commerce was very limited, and crimes but seldom committed.
The colonial system prevailed until the Provinces of Coahuila and Texas were joined together forming one state and a constitution adopted for its Government. An organization then took place under the constitution. All the country West of the River Trinity including the Gaudaloupe formed but one jurisdiction, entitled to one Ayuntamiento which was presided [over] by one Alcalde. To make these terms a little more intelligible, suffice it to say, the Alcalde is a judicial officer possessing great power, and is president of the Ayuntamiento when in session—the whole body may be compared to the Mayor and Aldermen of a city. The Ayuntamiento is the petitioning authority—all petitions to the Government must emanate from that body and pass through the Chief of Department otherwise they would be deemed unworthy of attention. It is unnecessary to say more on this subject as I confidently hope that we are now done with the use of those terms, and that their names may be lost in Texas forever. They will however serve to refer to as circumstances may require in the course of my narrative. Population increasing the lower section of the colony including Brazoria was laid off by the Ayuntamiento of San Felipe into a precinct called Victoria, to be presided [over] by a Comissario whose functions are somewhat like those of a justice of the peace in the United States. I was elected to fill that office in 1832.
It may be well to remark here that all the colonists were presumed to be Roman Catholics, or bound to become such, as that was one of the necessary prerequisites to become a citizen—and no marriage could be consummated by law without the presence and permition of a Priest and none as yet had thought proper to reside amongst us, and as necessity is the mother of invention, the system of provisional marriages by bonding was introduced, requiring the judicial officers, who were by law ex oficio Notary Publics, to take the acknowledgement of the parties to a bond conditioned in a sufficient penalty to be married by a Roman Catholic Priest so soon as an opportunity might offer. This however exceptionable it may appear, was certainly the most sensible and natural mode which could have been adopted under the existing circumstances, but lacking the sanction of the law, it lacked everything calculated to constitute a marriage in fact. Many couples however, not finding the marriage state to possess all the alluring charms which they had figured in their fond imaginations have taken advantage of this slip-[k]not plan—sought the bond, and by mutual consent committed it to the flames—returned to the world as young as ever and free as the air.
From the passage of the law of the 6th of April [18]30 the Genl Government had determined mischief against the colonies. She feared their increasing power and intelligence and had secretly determined to oppress or exterminate. And no doubt remains with me, but that much of the ill feeling possessed by the Govt. against the colonies, which were now various, was excited by the secret workings of unprincipled land speculators. Be this however, as it may various Garrisons were erected commanding all the ports of Texas—and the inmates of all the calabooses of Mexico were turned loose upon us, as soldiers, to fill those Garrisons comprising in all from 1000 to 1500 of certainly, the most wretched and abandoned set of cutthroats and outlaws that ever made a track on the soil of any country. The ostensible purpose was, to guard and protect the colonies from Indian invasion, protect the customs etc. These troops had been brought in by degrees and their numbers not known, as they had been concentrated at so many different points. Customhouse officers were at the same time introduced to enforce the collection of duties. Their tariff was unreasonable, and many of the indispensible articles used in the country were contraband, and the duties so high on others that it would amount to a prohibition. They were very industrious in erecting their fortifications, and the colonists for the time being, remained in statu quo.
About this time the Town of Brazoria was in a prosperous and flourishing condition emmigration was pouring in rapidly notwithstanding the interdict. Commerce was brisk and every House and shed was filled up with emmigrants and their effects. The Merchants which were much more numerous than at the present time, were frequently compelled to pile their Goods on galleries and even leave them in the streets for weeks together, without guard or police to protect them; and permit me to say sir, notwithstanding I well know the opinion that prevails abroad respecting the inhabitants of Texas, that but few thefts or depredations of any kind, were committed here, in the time to which I allude—and during my administration as Comissario in the lower precinct, but one or two only were complained of, though opportunities and temptations were continually to be met with, as the universal honesty which seemed to pervade, had set at rest even suspicion. A few idle and dissolute vagabonds, who pursued nothing but idleness and dissipation for a livelihood, had become congregated and in order to have full scope at their favorite employment concluded at night to remove a barrel of whiskey from the street to a neighboring thicket to which access could be had at pleasure. The barrel after some days was missed by the Merchant, but search was made in vain. It was not long however, until an unfortunate artizan received a stab from one of the party and instantly died. The citizens allready tired of their dissolute and idle habits became now greatly incensed, and called on me to have the offending parties arrested which was promptly performed before escape could be effected. The principal and one as accessory was apprehended, and brought to trial. Our laws respecting criminal proceedings were very defective and like most of the Mexican laws every thing was sacrificed to forms. I was a constitutional officer and compelled to obey and execute the laws. I had a right to arrest and if found necessary hold the prisoner in custody, but could not try and inflict punishment. By the law it was my province to take the testimony in the case and transmit it 800 miles to the seat of Government to be investigated and tried by the Supreme Court. All this was required to be done in Spanish and in legal form, which but few if any in the country were capable of performing. The slightest omission in form, even the lack of a scroll below the signature of a name, was considered a sufficient defect to vitiate the whole record, and it would be sent back for correction. This was not only the case in criminal, but civil suits when taken up by appeal. To return however to the criminal—we had no jails or calabooses as in the interior, and it was difficult to know what disposition to make of him. It was evident he deserved punishment, and was then under my controll as an officer. In order that he should have justice and to relieve myself from the dilemma, I summoned twelve good and respectable citizens as a jury of enquiry, in order that the testimony could be made out. the testimony was examined—the proofs plain, and the fact not denied. The jury retired and very soon served me with a truly polite note, complimented me highly for my assiduity and promptness in arresting and securing the prisoners, and concluded with a notice that they had then no further use for my official services—that I might consider the prisoners as arrested from my charge, and that they would deal with them as, in justice, their crimes merrited I could not resist the multitude and of course was compelled to acquiesce. The jury very soon agreed in their verdict and as good men generally will do, yielded to the calls of mercy, as they were not willing to inflict death without a lawful warrant, they substituted the lash. The culprits were taken to the grave of the unfortunate who had been but recently burried, and there tied and whipped by the jury by turns, until an attending physitian said they had enough. They were then set across the River, faced to the east, and ordered to leave the country forthwith. they took up the line of march and I have not heard of them since. As the ferryman was crossing them over the river, the officer who had arrested them was in possession of the unfortunate weapon, a kind of dirk, which had done the mischief—the bank was crowded with people, and he threw it over the bank into the river after them, and as from a kind of instinct, some twenty or thirty followed the example and for ought I know, there was not a dirk or dirk-knife in the possession of the bystanders that was not committed to the deep. The balance of the party precipitately dispersed and Brazoria had peace and quiet for a little season. I will here remark that no man probably has a greater regard for law and order than myself, and none can more detest and abhor arbitrary or mob laws as they may be termed, than I do, but situated as we were at that time, necessity required it, and I am proud to say, with but few exceptions, that when that course has been resorted to, that it has generally been managed with prudence and discretion.
The government having determined to put the colonists to every possible test, about this time, sent all the way from the City of Mexico, a Priest to reside among us and administer to our necessities. He purported to be a man of great consequence if titles could make him so, for it took up half a column of a newspaper to contain them all, such as minister plenipotentiary, vicar General, . . . He was an Irishman by birth, and had frequently licked the blarny stone before he left the emerald Isle. he wore a wig, or was white headed from age—grave gentlemanly and prepossessing in his appearance and manners at first interview, but proved to be as vain vulgar and very a scamp as ever disgraced the colony . . . Thus much I can say for the venerable Padra whose province it was to redeem the colonists from Herecy and infidelity, and make them true Christians. His sage appearance and seemingly good manners caused him to be kindly received by the colonists, as a kind of necessary evil, which they could not well avoid. Every courtesy and attention was paid to him, and for a time, him and his parishioners got on very well together. he never troubled them with church service, but confined his duties to baptism and marriage ceremonies. This was a snug little money-making business, two dollars for baptism and twenty five for marriage, when it is recollected that all both old and young were subjects for baptism, and all who wished to marry as well also as those who had been bonded for years, had now to come forward and have the slip[k]not made fast. he immediately issued his edict forbidding provisional marriages, which rendered it very inconvenient to the people, who lived scattered over a district of country several hundred miles in extent. They however, paid very little attention to his edict except those immediately in his vicinity. It realy looked dry and peculiarly odd to me to see those who had for years been living together as man and wife, and had perhaps a large family step forward to the marriage alter. It seemed to carry with it a kind of acknowledgement of both, error and crime. Immediately after his arrival a number of these old married people determined to save trouble by having one grand wedding and give the Padra an opportunity do a whole sale business. They accordingly fixed on a convenient point and an arrangement made with the Padra to meet them there at a time fixed. Every preparation was made and a splendid barbecu prepared, with all the necessary exhilerating libations abundantly provided, so as to make it a day of rural felicity. I had taken it upon myself to attend to the reception and comfort of the Padra and suit, and accordingly had a snug little house fitted up for his reception, at a convenient distance from the main crowd and bustle. The bed was comfortable and tastefully caparisoned—the table groaned with its weight of the abundant luxuries of the country tastefully arranged with a pyramid of the most transparent and luscious honey comb in the centre. The day was fine and every countenance seemed to brighten with the prospect of the anticipated enjoyment, not for the pleasure of being, or seeing, the old people married over again entirely, but the baptism, the wine—the dinner, the dance and with many, the sight of a Roman Catholic Priest was equal to a rare show in Texas—a thing of which they had long heard, but never seen—and realy with some, having heard much said about them, they were at a loss to conjecture whether the Priest could be a natural man, or some kind of a beast. Expectation was on tiptoe—the Padra arrived and was conducted to his mansion, and it was soon discovered, that he looked like a man, and talked like a man, and finally concluded that he was nothing but a common man—and an Irishman at that. The Padra seemed to be well pleased with the provision made for his comfort passed many encomiums on the taste displayed and seemed much surprised to find so many of the real luxuries of life in the wilds of Texas. So soon as he had become rested and taken the necessary refreshments with a few glasses of generous wine, I was called on, being generally acquainted with the people, to act as a kind of precurser, and requested to go and take down the names of the candidates for matrimony, in order that the necessary certificates be prepared and in readiness. This I complied with and returned with a muster roll of twelve rank and file, no new candidates having offered. While these things were in preparation I was requested to return and make out a roll of the names of all the candidates for baptism. now the test was to be made, though no religious societies were tolerated in Texas, yet prejudices deep rooted by early education rose up in strong opposition, and with many the idea of being baptised by a Roman Catholic Priest carried with it an everlasting stigma and disgrace. I applied to those who seemed the elders among the people, and I found very few without some kind of excuse, either that they had been baptised when they were young, or that they had belonged to some religious order before they came to the country and that they by no means considered a second baptism necessary, as such I met with poor success and immediately returned and made my report I told the Padra that fortunately for the good people of Texas they had generally emmigrated from Christian countries and had many of them been baptised before they came here, and some had religious scruples respecting the propriety of a second baptism. I never had been baptised myself and as such was a willing candidate because necessity required it, but was anxious to draw him out on that point. He requested me to go and tell his good parishioners, that they need have no scruples on that account, that he did not consider a second baptism necessary provided they had evidences that they had been baptised in the true faith. Well Padra there are so many different faiths now in the world I am entirely at a loss to know which is the true faith? You will excuse me for the enquiry, what do you call the true faith? the true faith is the Roman Catholic Apostolic, all other is herecy.
I returned to the company with my explanations, still there seemed to be great unwillingness, with much exertion and argument as to the absolute necessity; but with very many, the pill could not be so gilded as to be tamely swallowed, and I only succeeded in procuring a list of about forty, out of a company of perhaps two hundred. I reported my list, and told the Padra that I had probably enrolled as many as he could conveniently get through with that evening, and the balance would have to wait another opportunity. I did not wish to let him know that any persisted in refusing after being informed that if they had previously been baptised that he would baptise them conditionally. Everything now being arranged, I was requested to muster my forces. I immediately issued orders for a general parade. During this time however, the brides and grooms being used to married life, did not feel that intense interest that is common for young expectants and they had become scattered and separated so that it was with much difficulty they could be paired, and a complete hurly burly commenced. have you seen any thing of my wife? have you seen any thing of Jim? I cant find him. I cant tell what in the plague has become of him. have you seen any thing of Polly I cant find her to save my life. all was hurry scurry and one hour at least was spent before they were ready to fall into line, and even then one poor woman had to march without her husband, for find him she could not. I comforted her however, by telling her she should not be disappointed, that if he did not come in time she should certainly have another. They were marched up in solid column and formed a hollow square around the Priests table. The delinquent had not been found though many were in search of him.
The ceremony now to be performed was by a Catholic Priest . . . something new in Texas, eyes, years [ears] and mouths were all open. the baptism commenced first, as heretics could not be lawfully joined in matrimony until they were baptised in the true faith. Next commenced a kind of liturgy—that finished, the marriage ceremony, which was short and a mere conjoining in lawful wedlock closed the scene. They had all been conjoined but one couple and the lone woman, when her husband made his appearance quite out of breath, his hair flying his eyes walling with a wild and frighted look. He did not know how much harm he had done nor realy what it all meant, for he had been raised with hue and cry and told to hurry, or the Priest would take his wife from him. The scene take it all in all, was truly ludicrous in the extreme. Most of them had children and some five or six. To see brides on the floor, and while the marriage rites are performing, with the bosoms open and little children sucking at the breast, and others in a situation realy too delicate to mention, appeared to me more like a burlesque on marriage than a marriage in fact. It was a fine scene for a painter and afforded much for amusement, and much for serious and sober reflection.
The reign of the Padry among us was however, a short one, and his conduct soon brought him into contempt . . . I know not whether he was a fair sample of the Priesthood of that order, and as much would not be understood as aiming to cast reflections on any but himself.
The military had now become pretty strongly fortified in their various Garrisons, and began to shew us their true intentions by making us feel their power. The civil arm was paralized, our citizens incarcerated for slight and trivial offences, and trial by the civil authorities refused. This state of things could not long be borne by those who considered themselves freemen. The commandant of the post of Anahuac had by his arbitrary and unprincipled conduct become odious to the colonists, and the reduction of that post was first contemplated. Public meetings were got up, committees appointed and resolutions adopted with patriotic address[es] circulated calling for volunteers to rally and release from arbitrary confinement their fellow citizens and redress their public wrongs. It was not long until from four to five hundred volunteers were concentrated on the plains of Anauhuac. A demand was made for the release of the prisoners and a conference was had and a treaty entered into. The stipulations were formally drawn up and signed, and on the faith of which many of the volunteers had returned to their homes. As soon as this was ascertained, the Mexicans, as they are very capable of doing, committed a breach of faith and the treaty went for nothing. This greatly exasperated the volunteers and runners was despatched to the various parts of the country to recruit, and also to procure some small pieces of artillery which were at Brazoria. There happened to be a fine American Schooner in the River at that time. She was immediately pressed to take the Guns ammunition etc to Anauhuac. 62
It will be recollected that there was a strong fortress at the mouth of the river Brazos [Velasco] garrisoned by about one hundred and fifty men, well armed and provisioned with one long brass nine mounted on a carriage and one iron four pounder on a pivot. This fortress had to be passed, and whether the commandant would permit the vessel to pass out was questionable. The citizens, and the officer of that garrison were at a good understanding, but he was subordinate to the commandant of Anauhuac. A public meeting of the citizens was called and a consultation had. I urged the reduction of that place first, and to take it by surprise. This however was opposed and a committee sent to see if permition could be had for the vessel to pass out, but as might have been expected, permition was refused. I then urged the immediate reduction of that post, and a committee was raised to take the matter into consideration and recommend to the meeting what course should be pursued. The committee met in consultation, of which I was one, and still continued to urge the propriety and necessity of reducing the fort at Velasco, by strategem if possible, or otherwise by storm, and with much pursuasion and argument a majority of the committee concured with me in opinion, and we so reported. This was now evening and 10 oclock the next morning was the time appointed to rendezvous on the east side of the river armed and equipped for the contest. At the time appointed about one hundred men and boys were assembled with such outfit as the shortness of the time would permit them to procure. Officers were elected and the line of march immediately taken up for Velasco. We arrived in sight by 10 oclock the next morning and encamped on the river about two miles above the fort where we were well sheltered by an intervening point of timber. Here we had to remain several days to make the necessary preparation for a storm, as we found the garrison was advised of our approach and designs, and the commandant being an energetic and efficient officer could not be taken by surprise. The vessel which had been procured was now intended to cooperate with us in the attack. She was mounted with four six pound carronades and one swivel. But few round shot could be procured, and balls were made of drawing chains wound up to suit the caliber, and slugs cut of square bar iron and junk bottles filled with buck shot. This was the best preparation that could be made to storm a fort in which a breach could not have been made by the heaviest mettle. The men on board was protected by a breastwork of cotton bales During the time our vessel was getting in readiness, we had prepared a kind of breast work for the land forces which was made of cypress plank ten or twelve feet in length nailed on battons to the widths of about four feet which were to be set up with props. During this time scouts were ranging every night to surprise their picket, but none could ever be found and as such the fort was closely reconoitered every night, and such observations made as circumstances would permit. The enemy during this time were not idle. Every vigilance was used to strengthen their works and secure provisions. All things being in readiness the plan of attack was agreed to. The vessel was to be furnished with a sufficient number of men to manage her guns. She was to drop down the river and moor herself at a certain designated point, distant from the fort one hundred and sixty yards. From our place of encampment it was much further by water to the fort than by land. The vessel was to drop down to a certain point and there await a signal. We had also a keel boat, on board of which was put our palisadoes, spades, hoes axes etc. One company consisting of about twenty men was ordered to strike the Gulf east of the fort and follow the beach down to a certain point, and lodge themselves in the drift logs, within about one hundred and fifty yards of the fort, and bring on the attack by opening a fire on the fort at a given hour. It will be recollected that we had a bayou, called east union, to cross which was within about half a mile of the fort—was a deep and muddy tide water bayou across which a bridge had been thrown previously, but the Mexicans had anticipated us, and removed the planks, though they had not time to get away the sleepers, which however, were narrow and full of long iron spikes, which rendered a passage on them not only tedious but dangerous. We well knew they had the bearing of that bridge and if they could only find us out in crossing, that we must suffer severely from the effects of their nine pounder, but this we were obliged to hazard. The balance of the men were divided into two companies. One a select band of about twenty whose duty it was to act as pioneers to march in front and afford protection to the others who bore the palisadoes and other implements, and to serve as a breast-work to them, and protect them from any sally that might be made from the fort until the breast-work was planted and the ditch made, and then to take shelter behind it. This select band I had the honor to command, and Captain John Austin took command of the other. So that the land forces were divided into three companies, but with a view that all would ultimately cooperate at the breast-work so soon as it could be planted. It was believed that the company sent round to the east to bring on the action would employ the attention of the Garrison until the vessel could drop down to her moorings and then she was to open her battery, and under the two fires it was presumed that the palisades could be planted and the breast-work made and remain unobserved until daylight, when every shot would tell, and if they would not then surrender that a sufficient number would jump into the ditch, which surrounded the fort, with spades hoes axes etc and cut their way thrugh while the remainder afforded them protection from the breast-work. This was the contemplated plan of attack, and every thing ordered and prepared accordingly. All things in readiness we took up the line of march about eight oclock at night, and reached the bayou and their awaited the arrival of the vessel. The wind being high and contrary she could not get down so we were compelled to return to our encampment which took up very nearly the whole night. The next night however, was a calm clear star light night, and the second attempt was made with success. The company ordered to bring on the action marched in front and crossed the bridge first and continued on to their destination, the balance crossed over and obliqued to the left halted and lay down on the grass awaiting the time for further action. Our vessel presently rounded the point and hove in sight, all was yet as still as the grave, as soon however as she had cleared the point so as to be discovered from the fort, it was ascertained that the enemy was not asleep, they let off their nine pounder and threw a double headed shot through her rigging, but she sustained no injury. We were lying directly in a range between the fort and vessel and the shot passed immediately over our heads. The stillness of the night, the flash and report of the gun, and the peculiar noise of the ball, caused thoughts to hurry through the mind, the pulse to vibrate and the blood with an unusual flow to thrill briskly through the veins. This was the signal, not only that there was an enemy there, but that he would fight. It was not long however, before our own company opened a full volley on the fort. Issue was now joined and the battle commenced. The tide was setting out and the vessel soon got to her moorings and opened her battery also. The sight was truly sublime and the effect thrilling. The fort was a complete circle enclosing but a small area 63 so that it was full and completely manned. The nine pounder was planted on an elevation in the center of [or] perhaps, ten feet above the musquetry. As soon as our company opened on the fort it seemed to ignite instantaneously and flame like a volcano. And from that time until the battle ended, the fort seemed to emit one continued blaze of fire—directed to all points. They had burned all the houses but two, one was used as a custom house, and the other a small office, everything else had been burned and the whole coast was cleared for action.
Our keel boat has quietly slipped down under cover of the bank and lodged in behind the custom house, to which point we were immediately ordered to repair. It may well be supposed from their mode of firing that the bullets were cutting the air in every direction. We had however by this time learned one thing, and that was in some measure to escape the shot of the nine pounder. She was so much elevated above the musquetry that we could allways distinguish her flash and immediately fall flat to the ground until she fired and then up and on again—by this means we frequently saved ourselves from destruction. Captain Austins command took shelter behind the custom house in order to prepare for carriage the things necessary for the breast-work, and my own command halted some fifty yards to the left in the open plain all lying close to the ground and waiting the movements of the other company. So soon as I found them in motion I immediately took up the line of march direct for the fort with a brisk step, and marched in front of the other company. We were then within one hundred and fifty yards of the fort. Captain Austin had from some unfortunate neglect put his company in motion too soon and was compelled to call a halt and at the same time halted very nearly all of my company without my knowledge. Never having looked back from the time I took up the line of march I did not know what had happened, until I halted within a few feet of the ditch, where I expected to form the line, when to my surprise I found I had but five men, what had happened I could not tell, I stooped low to get the light of the Gulf and river but could see nothing in motion. I concluded that they had received a destructive fire and were killed and dispersed. The fire during all this time was tremenduous, and the place I occupied was truly a warm one, and [my men being] too few in number to effect any thing I retreated back to the keel boat where I soon found out what was the matter, had some little altercation about it, but proceeded to rejoin the company took up the line of march under a tremenduous heavy fire, and without sustaining the slightest injury planted the palisades within thirty paces of the fort so that their nine pounder could not be depressed enough to bear upon us, but [we] were compelled to stand the four pounder and musquetry. It was understood that we were not to fire a gun until daylight unless a sally from the fort compelled it, but unfortunately for us, before we had time to brace the palisades one of our men from being too highly excited fired his gun which notified the garrison of our presence and they threw in one of the most destructive fires upon us that can be imagined. The unfortunate man who fired his gun immediately fell, with many others. We soon found that our breast-work without a ditch and embankment afforded little or no protection. Every exertion was used in throwing up sand by one part while the others were fighting, and we finally succeeded in getting our situation a little more secure. Our company who brought on the action did not come to our assistance as was expected. And what we had suffered from desertions, deaths, and in wounded rendered our number of effective men contemptible in numbers by the time day light appeared, but the little band could not be discouraged, though greatly fatigued and exhausted, as they had then been two nights without sleep and a long time without water or any sort of refreshment. After day appeared a Mexican dare not shew even his eye or it was [k]nocked out if only a finger it was shot off, and even the hair of the head would be shaved, until they became alarmed at our perseverance and determination and their battery was very nearly silenced. The morning was lowry and about eight oclock there came on such a heavy storm of wind and rain as is seldom to be met with and we were literally drownded out and compelled to retreat without sustaining however any injury. Most of the effective men took shelter on the vessel and all the wounded that were able made their way to the camp, of which number I was one, though not very serious, and but few at the breast-work that escaped entirely except those who fled at the onset. Immediately after the storm had subsided, the white flag was seen flying at the fort which led to a capitulation and surrender and a treaty [was] entered into, and on the next day they marched out and gave us possession and they had permition to leave the country, which was all we wanted.
The Garrison lost thirty two killed and a great many wounded, We lost seven killed in battle and three more who soon died of their wounds, some badly wounded and a great many slightly. Our company located in the drift [had] done the enemy no injury nor did they receive any. Our vessel [had] done the enemy no injury but had one man killed and one wounded.
Our breast-work was riddled literally to pieces and it would seem impossible that a man could possibly escape death who was behind it. Take this battle all together, and History in the most chivalrous times cannot equal it—the number engaged, the hurry in which they were called, totally undiciplined, badly armed, and under a heavy fire to march up cooly and deliberately within thirty paces of a strong fortress of disciplined troops well armed and very nearly double their numbers, with a determination to succeed, realy seems to savor more of wreckless hardihood than of true courage 64
So soon as it was ascertained that the fort of Velasco was reduced the commandant of Anauhuac deserted his post at night and fled for New Orleans and the Garrison surrendered. The people of the vicinity of Nacogdoches raised in arms and reduced that post, and finally the troops were glad to get out of the country and the old Padra with them. Texas was now cleared of custom-house officers, the military and Priesthood and we then had peace for a little season. Much might be said here of the acts of our famous Ayuntamiento of San Felipe about that time, how strongly they opposed us, and called us rebels, called on the militia to put us down etc all of which should be matters of History, but in as much as they could effect nothing, and their acts not very creditable to themselves, I hope they may be forgotten and for ever buried in oblivion. It will be recollected that at this time Bustamenta [Bustamante] was in power in Mexico and had abandoned the constitution and was aiming to establish a central or military Government and Santa Ana was in opposition to him and batling for the constitution. We had declared in favor of Santa Ana, not that we had any choice in names for we had no more confidence in one Mexican than another, but we had been sworn to support the constitution and were willing to redeem our pledge. the fact is we were determined to protect ourselves from insult and injury. We could not be called rebels, because we were battling for our own constitution and too, under the Mexican flag which we had nailed fast to the mast head, with Constitution in large capitals marked upon it, so that it could not be mistaken. Proper representations having been made to the Government, things went on smoothly for a time. the Government found that though we were young and feeble, still we would not easily submit to imposition and abuse how specious soever might be the pretexts. Our remonstrances, though courteous and respectful, were bold manly and spirited, and calculated from our bold and dignified manner, to show to the Mexican Nation, that our constitutional and vested rights should not be infringed with impunity and that if we were not respected by them, that we at least respected ourselves as freemen
The Congress of the State of Coahuila and Texas had now divided the country west of the Trinity into two jurisdictions and Brazoria was made the capital of the lower one, and in [18]33 I was elected the Alcalde for that jurisdiction. This was an office of high trust and responsibility, and rendered more particularly so owing to our great distance from the seat of Government of the state which was then located at Monclova and the Political Chief for the Department of Texas was located at the Town of San Antonio de Bexar. The jurisdiction over which I was elected to preside was a commercial one, and business of great importance and involving large amounts were daily to be adjudicated and settled. The entire want of laws and precedents, rendered the discharge of the duties of that office one of ardent solicitude. I feel proud however to say that my administration, though one of arduous labor and solicitude, received from my fellow citizens that ascent of universal approbation, which is ever grateful to the feelings of a man who felt the responsibilities of the trust reposed and discharged his incumbent duties with an honest zeal commensurate with his abilities
I will remark here that immediately after Texas was rid of the military and before the excitement had entirely subsided, Texas considering herself as possessing all the prerequisites required by the Federal Constitution to form a state Government, had determined to be separated from Coahuila, who had ever treated the colonies like a stepmother, and form a separate state Government. Primary meetings were called committees raised and a convention of all Texas met at San Felipe and framed a constitution. I was elected a member to that convention but owing to indisposition did not attend. The Government was ably and respectfully memorialized and petitioned on the subject and an agent despatched to Mexico to procure a ratification. He was thrown into a dungeon and our memorial treated with contempt. These efforts on the part of the colonies had caused our own state Congress to treat us with a little more attention and some laws were passed for our benefit. Texas heretofore composed but one Department, and it was now divided into three as follows—the Department of Bexar, [of] Brazos and [of] Nacogdoches each to be presided by a Political Chief, and in addition to the Alcaldes we were allowed primary judges in the several jurisdictions and also a superior judge possessing appellate jurisdiction. By his Excellency the then acting Governor of the State I was commissioned the Political Chief for the Department of Brazos. This was the highest trust that could be conferred on an adopted citizen by the Constitution, and one that I had neither sought nor anticipated. I entered on the duties of that office in the fall of the year [18]34.
During all this time emmigration continued to flow in rapidly and the cupidity of land speculators to increase in an equal ratio. The name of Empresario had long since incorporated itself with that of swindler, and every thing connected with the settlement of the country seemed to be objects of barter and sale and speculation. I had allways been viewed by the speculating mania as their evil genius, and as being ever in opposition to their swindling interests. They were now strong, united, unprincipled and managing, ruled elections and had all appointments made to suit, and be subservient to their own purposes. The office I then occupied was a kind of intermediate one, everything to and from the Government had to pass through my hands and in a great measure subject to my controll, hence it was necessary that they should use their combined efforts to remove me and have my place filled with a material which would yield more readily to their purposes as they had then in contemplation large and important speculations. Coahuila had now become divided herself, the cities of Saltilo and Monclova were contending for power and each had their own Governor, and all was confusion. It will be recollected that Santa Ana by this time had succeed[ed] and put down and banished Bustamenta [Bustamante] and instead of restoring the constitution had determined on centralism. Saltilo had declared in favor of the plan and Monclova opposed or rather waived a declaration. The State Congress sat at Monclova in the spring and the land speculators taking advantage of the confusion went on prepared to buy up the Congress to sell them land and pass such laws as they might dictate all of which they effected without any great cost or trouble, 65 for money will do any thing with a Mexican, ... These things greatly incensed the Saltilians who had got no share of the booty and they determined to put down the Governor who had shared some of the benefit, and united with a few military troops they compelled him to desert the Capitol. All was then entire confusion—the Ayuntamiento was immediately convened and with all the pomp and parade imaginable declared the Executive chair vacant, and immediately proceeded, in conjunction with a few military officers and a few bystanders, in all about fourteen in number, to elect a new Governor for the State, and the individual elected was a military officer who was formally conducted to the Executive chair under the ringing of bells and the roar of artillery. The State of Coahuila and Texas then had one constitutional Governor one military Governor and one factional Governor all however resident in Coahuila. This really seemed like confounding confusion itself.
The constitutional Governor being removed I ceased my correspondence with the Executive Department until it again seemed to be organized Constitutionally. About this time I wrote a piece called Security for Texas which I herewith transmit marked A. 66 It was hastily drawn up and thrown before the people under the then reigning anarchy and confusion. I would remark here that the convention had created a Central Committee at San Felipe and Sub Committees in every jurisdiction as a means of disseminating information on any emergency as we were much scattered and had no mails. When this piece was thrown into circulation the Central Committee met in San Felipe, which however had undergone many changes in its members since its first creation, oweing to deaths removals etc and at that time were in a great measure subservient to the views of the speculating party, and as such they made strong opposition to my publication in one of their own which they circulated throughout the country, and which I herewith transmit marked B 67 I immediately replied to them in another communication which you will find marked C 68 which piece they never answered. The truth was the speculators had not completed their business and they were determined that Texas should make no move until their objects were completed. The General Government not being sufficiently settled down on the new plan and wishing to keep the colonies lulled, the President usurped the power and ordered a new election for Governor and that the military Governor should hold his seat until the Governor elect should be installed. The speculating mania were in waiting to get the new Governor to confirm and complete their unfinished business. The military were not however pleased with the choice of new Governor and determined to oppose him. The Congress was in session and had appointed a Governor ad interim until the new one could be installed the roads were guarded by the military to prevent his approach to the Capitol. They finally succeeded in getting him there by stratagem but his reign was a very short one. the speculators endeavored to get him into Texas in order that their business could be completed. The Congress was dispersed the Governor overtaken and sent a prisoner to a foreign Calaboose, and the speculators scampered for life and fled into the colonies. About this time communications were received from an anonymous writer in the City of Mexico signed O. P. Q. informing us that mischief was planned against us by Santa Ana, and that Col. Almonte would soon be among us for the special purpose of spying out the country preparatory to operations against us, and strongly recommended to us to detain him as a prisoner.
We soon found that O. P. Q. had not deceived us, Almonty arrived in Texas as we had been advised. He was however received and treated with every courtesy—had seen the correspondence of O. P. Q. but disavowed the charge, and the balance of his history you know from personal observation.
All Government had now ceased, and Texas was like a vessel on the rolling billows without compass or helm, and anarchy and confusion reigned without controll. The speculating party were anxious to raise troops and rally to the rescue of the Governor and bring him into Texas. In this however they were opposed for it was easy to fathom their motives The inhabitants were so scattered and the means of disseminating information so limited that it was very difficult for us to act in unison on any general principle. The Government had previously sent one company of troops which were stationed at the post of Anauhuac. Col. Travis having been once maltreated at that Garrison raised a small company of volunteers in the neighborhood and took them prisoners without opposition 69. This seemed to have been done without consultation and was by many disapproved. Genl. Cos was at this time recruiting an army at Matamoris, and at the same time endeavoring to lull the colonies into security by his deceitful publications and was greatly incensed at the reduction of Anauhuac and demanded the ringleaders in the matter to be given up. The act had been disapproved by many and excitement run very high. Myself with a number of others in the lower jurisdiction had determined to sustain the act, and if possible get up a convention. A public meeting was called a committee appointed resolutions adopted and again by designing persons defeated and many efforts were made before we could get the people united on any thing definitively, and only by dint of indefatigable perseverance could we succeed. 70 We had allready called one convention which proved abortive and the people seemed to dread the name. I therefore substituted what seemed to them a softer term which I have ever since regretted and that was Consultation in the room of Convention. Confusion jealousy and prejudices prevailed to a great extent and it was very difficult to get any thing done. We however continued our unceasing perseverance and raised a committee of fifteen persons entered up resolutions and drew up a patriotic and spirited address calling on our fellow citizens to send representatives to meet us in general consultation at a point and time designated. 71 To not be disappointed we despatched at our own expense confidential agents to every jurisdiction in Texas, and our plan was concurred in by all of the jurisdictions. During this time Genl. Cos had entered Texas with his army and taken post at Bexar, and before the consultation met we had an army in the field and Bexar was besieged. The consultation met passed many decrees necessary to the sustentation of the army—closed the land offices, which had become corrupt, decreed that a Convention should be called with powers to form a constitution, and created a provisional Government to act in the interim in conformity with the organic law which was adopted. I was elected Governor of the provisional Government. There was also a Lieutenant Governor and a Legislative Council, and Genl. Sam Houston was at the same time elected commander in chief of the army. The reduction of Goliad and Bexar and the circumstances connected with it are known to you and need not be recited.
The provisional Government went on harmoniously until the Mexican troops were driven out of Texas.
The speculating faction found me as their evil genius still in their way, and things had now become sufficiently quiet for them to commence their operations in some way or other, and allways in the habit of controlling the authorities to suit their purposes, and having bribed the congress the year before, determined to controll the provisional Government to suit their own unprincipled and corrupt purposes. They had conspired against the commander in chief and determined to have the army headed by a man to suit their own purposes. There was nothing of patriotism in the way, it was all sordid self interest. They had collected themselves into a mob, that is, their minions, subs, and understrappers, and threatened to mob the Council, until by degrees the members vacated their seats until they had not a lawful quorum. this was what they wanted a bare quorum and no more. they had no wish to break up the Council entirely, for they wanted to use them. There was unfortunately but few practical men at that time in the body, and they from a natural predisposition were easily corrupted 72. Whether they had received a bribe in money or vain promises I am not advised, but that they had become basely corrupt I have no doubt, for I had many and strong proofs of the fact It is not necessary to say here what their objects were. I could allways anticipate and often defeated them, before they were matured. They had now concentrated their strong forces about the Council, the business [being] all done by the lobby members, exceptions taken by me amounted to nothing, the power was concentrated against me and my office was but nominal. They were attempting to swindle the Government out of two or three hundred thousand dollars by false commissions, with many other base and unreasonable acts. They were determined to have controll of the army and passed an ordina[n]ce confering unlimited power on one individual as a general army agent and commissioned another to the command. The general agent was to have also the controll of the Navy and in fact, of the whole Government. I well knew as an officer I would be screened from censure by taking honest exceptions to these measures, but I was as well assured that I would be over ruled, and the country situated as it then was, would be greatly injured. I therefore determined to strike at the root of all the evil at once, and either dissolve the Council, or paralize them until the convention would meet. I was influenced to this, from the most pure and patriotic motives, as I had no interests to subserve other than what I deemed to be, the true interests of the country. Their conduct had been bad, and could not be justified or paliated, and I accordingly sent them one of the most severe and cutting communications 73 that was perhaps, ever addressed to a deliberative body. This communication was put under a sealed envelope and addressed to a secret session, with a polite note to their president informing him that the enveloped communication was intended for a secret session, and to call one for that purpose. I am proud however to say, that there were but three members that I at that time, suspected for down right corruption, but the others not being practical men, were easily led astray. At the same time I sent in this communication, I served all of the unsuspected ones with a private note couched in kind and deckerous [decorous] language informing them what I had done and that they were not included or aimed at in the communication. The faction was deceived, I had detained all their important ordina[n]ces in the Executive office and instead of sending them back with my objections as they had expected, I sent in this communication. They discovered that their deep laid plans and favorite projects were blasted and they became quite infuriated. All they could then do was to try and break me down, both with the people and the army. They tore open the seals of secrecy published the document to the world with a long written tissue of falsehood, made another Governor, Mexican like, and notified me that I was removed from office, and then preferred many heavy charges with a notice that if I did not appear and plead that all would be taken for confessed etc etc. They endeavored to make as much confusion as possible. It however had very little effect with [the] public. I published a short communication to the public marked D 74. and am proud to say however great may have been my error, that both army and people were on my side. The troops stationed at the post of Bexar became infuriated at the conduct of the Council called a meeting and addressed a communication to the new Governor and Council couched in terms of bold and manly declamation informing them that they would not recognize their authority and concluded by resolutions condemnatory of their proceedings and that they would sustain me with their arms—copies of which were sent to the new Governor and Council and also enclosed to me copies addressed to each of the editors of newspapers which were then published in Texas. 75 I however suppressed the publication, and as they had beged permition to come to San Felipe to give me protection as they had understood they were endeavoring to organize a mob against me, I was compelled to send an agent forthwith, to quiet them and prevent their march to the Capitol. Notwithstanding they were using every means in their power to raise a mob against me, the people in the various sections of the country had notified me, that they were ever ready to obey any call that I might think proper to make on them, and as such I feared the consequences which might result to the country from the uncontrolled conduct of an infuriated soldiery. The faction had done and continued to do every thing in their power against me, even to personal insult and abuse, and I at the same time using every means within my power to restrain the people and soldiery from inflicting upon them, that punishment which their crimes justly merited. I was well aware of the situation of the country—that we were in a state of rude nature a number of vague loose individuals, tied together by no compact, and that necessity required the sacrifice of all personal ambition, to the promotion of the public good. The situation of the country then was truly critical, Want of union on the part of the general mass was taken advantage of by the unprincipled speculators who were linked together for evil purposes. Whilst men are linked together they easily and speedily communicate the alarm of any evil design. They are enabled to fathom it with common counsel, and to oppose it with united strength. Whereas, when they lie dispersed, without concert, or discipline, communication is uncertain, counsel difficult, and resistance impracticable. Where men are not acquainted with each others principles, nor experienced in each others talents, nor at all practiced in their mutual habitudes and dispositions, by joint efforts in business, no personal confidence, no friendship, no common interest subsisting among them, it is evidently impossible that they can act a public part with uniformity, perseverance, or efficacy. In a connexion, the most inconsiderable man, by adding to the weight of the whole, has his value and his use; out of it, the greatest talents are wholly unserviceable to the public. No man, who is not inflamed by vain glory into enthusiasm, can flatter himself that his single, unsupported, desultory, unsystematic endeavors are of power to defeat the subtle designs and united cabals of ambitious and unprincipled factionists. When bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle.
It is not enough, in a situation of trust in the commonwealth, that a man means well to his country—it is not enough that in his single person he never did an evil act, but always acted according to his consicence, and even harangued against every design which he apprehended to be prejudicial to the interests of his country. This innoxious and ineffectual character, that seems formed upon a plan of apology and disculpation, falls miserably short of the mark of public duty. That duty demands and requires, that what is right should not only be made known, but made prevalent, that what is evil should not only be detected, but defeated. When the public man omits to put himself in a situation of doing his duty with effect, it is an omition that frustrates the purposes of his trust, allmost as much as if he had formally betrayed it. It is surely no very rational account of a mans life, that he has allways acted right, but has taken special care to act in such a manner, that his endeavours could not possibly be productive of any consequence. Where duty renders a critical situation a necessary one, it is our business, if possible, to keep free from the evils attendant upon it; and not to fly from the situation itself. I did not, nor could I, be driven from the situation assigned to me, but kept my post and redoubled my dilligence and kept the faction at bay until the convention met, when I formally entered my protest marked E 76.
I will remark here that the Mexican Governor which the speculators had been so anxious to get on to Texas, and who had been thrown into a foreign calaboose, had by some means or other escaped and shortly after my inauguration made his appearance at San Felipe, with his secretary, confessor, and escorted by a Colonel and full company of cavalry well equipped. The speculating faction hailed him as Governor, and they used every means to put him in possession of the Executive chair. He was notified however, that notwithstanding he had been the Constitutional Gov[erno]r of the State of Coahuila and Texas, that he had been unable to sustain himself in the Gubernatorial chair and that he could not now be recognized as the Govr. of Texas. The party found they could not succeed and his Excellency retired. Much might be said on this subject, but it would only serve to disgust and sicken the mind, at the base and unprincipled conduct of the parties concerned. From the time that the consultation adjourned, in the month of November, until the convention met on the first of March was certainly the most difficult and critical time that Texas has ever experienced. Many plans were concocted and aimed at, which if carried into effect, would have proved, not only injurious but ruinous in their effects to the prospects of the country. I was well aware of all this, and did not pursue, so far as I was individually concerned, what would be termed a politic, but a patriotic course, and this the peculiar and critical situation of the country at that time required. All of the misfortunes which have befallen us—the massacres of Bexar and Goliad, can be fairly traced back as having originated from that corrupt source, and still most of those base scoundrels live and continue to exercise their baleful influence in the public affairs of the Nation. The troops at the post of Bexar, particularly, were restive and clamorous, and anxious to have an opportunity to make a public example of the ring leaders of that unprincipled faction, and only awaited my assent to do so. I used every possible remonstrance and succeeded in keeping them quiet and preventing their march to the Capitol, and this my dear sir I have long since regretted, and consider it as the greatest error of my past life. 77
I BEXAR RESOLUTIONS 78
At a large and respectable meeting of the citicens and soldiers of this place, held this 26th day of January 1836, to take into consideration the recent movements at San Felipe, J. C. Neill 79 was called to the chair, and H. J. Williamson appointed secretary. The object of the meeting having been stated by the chair, on motion of Col. J. B. Bonham, a committee of seven was appointed to draft a preamble and resolutions for the consideration of the meeting; whereupon the following were appointed by the chair.
- Chairman of Committee J. B. Bonham.
- Jas. Bowie.
- G. B. Jameson.
- Doctor Pollard.
- Jesse Badgett.
- J. W. Seguin.
- Don Gaspar Flores.
Preamble.
Whereas, we have been informed from an undoubted messenger that the Executive Council and its President, a subordinate and auxiliary department of the government, have usurped the right of impeaching the governor, who, (if we would imitate the wise institutions of the land of Washington) can only be impeached by a body set forth in the constitution, which constitution must have been established by the people through their representatives assembled in general convention. Moreover, the said council and its president, whose powers are defined to aid the governor in fulfilling the measures and objects adopted by the general consultation, have taken it upon themselves to annul the measures of the said general consultation. They are about to open the land offices, which were temporarily closed until a general convention of the people should take place, thereby opening a door to private speculation, at the expense of the men who are serving their country in the field. Moreover the said council have improperly used, and appropriated to their own purposes a FIVE HUNDRED DOLLAR LOAN, from a generous and patriotic citizen of the United States intended to pay the soldiers in the garrison of Bexar. Moreover, that private and designing men are, and have been embarrassing the governor, the legitimate officer of the government, by usurping, contrary to all notions of order and good government, the right of publicly and formally instructing and advising the governor and the people on political, civil and institutional matters subject. Moreover, that a particular individual has gone so far as to issue a proclamation on the state of public affairs, and to invite volunteers to join him as the commander of the Matamoros expedition, when that particular individual must have known that General Houston the commander in chief of all the land forces in the service of Texas, has been ordered by the government to take command of that expedition. This particular individual is also fully aware, that all officers under the commander in chief are elected by the volunteers themselves, and that therefore there was neither room nor necessity for another appointment by the council. Still, in the possession of these facts, he has issued his proclamation, and continues to aid all those who are embarrassing the executive. Therefore, be it Resolved 1st That we will support his Excellency Governor Smith in his unyielding and patriotic efforts to fulfill the duties, and to preserve the dignity of his office, while promoting the best interests of the country and people, against all usurpations and the designs of selfish and interested individuals.
Resolved 2nd That all attempts of the president and members of the executive council, to annul the acts of, or to embarrass the officers appointed by the general convention, are deemed by this meeting, as anarchical assumptions of power to which we will not submit.
Resolved 3rd That we invite a similar expression of sentiment from the army under Genl Houston, and throughout the country generally.
Resolved 4th That the conduct of the president and members of the Executive Council in relation to the FIVE HUNDRED DOLLAR LOAN, for the liquidation of the claims of the soldiers of Bexar, is in the highest degree criminal and unjust. Yet under treatment however illiberal and ungrateful, we cannot be driven from the Post of Honor and the sacred cause of freedom.
Resolved 5th That we do not recognize the illegal appointments of agents and officers, made by the president and members of the Executive Council in relation to the Matamoros Expedition; since their power does not extend further than to take measures and to make appointments for the public service with the sanction of the governor.
Resolved 6th That the Governor Henry Smith will please to accept the gratitude of the army at this Station, for his firmness in the execution of his trust, as well as for his patriotic exertions in our behalf.
Resolved 7th That the Editors of the Brazoria Gazette, the Nacogdoches Telegraph, and the San Felipe Telegraph be requested, and they are hereby requested to publish the proceeding of this meeting.
Bexar, January 26th 1836 Signed J. C. Neill Prs H J Williamson Scty. [Superscription:] Ed. of Brazoria Gazette (or Texas Republican) Brazoria Texas
II PROTEST 80
of the Governor of Texas against the recent unconstitutional, or illegal proceedings of the General Council—
To the honorable the President and members, Representatives of the free and sovereign people of Texas in General Convention assembled.
Gentlemen.
It appears by the published proceedings of the General Council of the provisional Govt. of Texas under date of the 11th of January 1836, that a certain article of private correspondence, addressed to a secret session of that body, from the Executive Department, on which the following preamble and resolutions has been predicated, [has been published] and become of record in the public Journals of that body, 81 which renders the present appeal necessary from the Executive Department, over which I have had the honor to preside: Which preamble and resolution reads as follows 82
Your special committee to whom was referred the communication of Governor Smith report. That they are unable to express any other views to this House, than indignation at language so repulsive to every moral feeling of an honorable man, and astonishment that this community could have been so miserably deceived in selecting for the high office of Governor a man whose language and conduct prove his early habits of association to have been vulgar and depraved, and his present disposition that of a disorganizer and tyrant; that they repel the infamous charges prefered against this Council, and its members, as false and untrue in every part, and contemn the style and language as low black-guardly, and vindictive, and in every way unworthy of, and disgraceful to the officer whence it emanated, and as an outrageous libel on the body to whom it is addressed; and therefore advise the return of the paper with the following resolutions:
1.Resolved, that the members of the Genl Council are the immediate representatives of the sovereign people, and are charged with the safety of the country and amenable only to the people for the faithful discharge of their duties.
2.Resolved, That each member individually, and as a body collectively, will sustain at all hazards, the dignity of this Govt. and the rights of the good citizens of Texas whom they have the honor to represent.
3.Resolved that Henry Smith Governor of the Provisional Government of Texas, be ordered forthwith to cease the functions of his office, and be held to answer to the Genl. Council upon certain charges and specifications, prepared against him, agreeably to the provisions of the 4 section of the Federal Constitution of Mexico of 1824, and the 11 article of the organic law of the Provisional Govt of Texas as adopted in Convention on the 13 Novr. A D 1835, and that a copy of the said charges and specifications be furnished to the Govr. Henry Smith within twenty four hours from this time.
4.Resolved that the secretary of the Executive be forthwith notified of these resolutions, and that he be held responsible to the Genl Council of the Provisional Government of Texas, for every and all records, documents and archives of his office.
5.Resolved. That the Treasurer, Commanding Genl. foreign agents, and all other officers of this Govt., be notified of the suspension of Henry Smith, of the powers and functions of Governor, by the representatives of the people of Texas in Genl. Council assembled; and that they and every of them, hold themselves respectively subject to the orders and directions of the Lieutenant Govr. and to the Genl. Council aforesaid.
6.Resolved. That a committee be appointed to draft an address to the people of Texas, setting forth the circumstances and reasons which compell their representatives in Genl. Council.
Signed R. R. Royal Chairman and unanimously adopted by the Council, and the address 83 signed by John McMullin as president pro tem of the Council and ten others as members, two of whom were from the same jurisdiction contrary to the organic law, and one who had received a commission by which he was rendered ineligible as a member of the Council by the ordinance in such cases made and provided, leaving but eight members eligible to the council, when at the same time it required thirteen to form a quorum to do business.
Having had the honor, through the voluntary suffrages of the Texian people, by their representatives in Convention assembled, to fill the office of Governor of Texas, during the provisional organization; it is clearly evident, as my name is incorporated in the above resolutions, that the censure they inflict, was intended and directly aimed at myself. Without notice, unheard and untried, I thus find myself charged on the records of the Genl Council, and in a form hitherto unknown in the History of Republican Governments with the high crime of violating the laws and constitution of the country.
It can seldom be necessary for any Department of the Govt. when assailed in conversation, or debate, or by the strictures of the press, or of popular assemblies, to step out of its ordinary path, for the purpose of vindicating its conduct, or of pointing out any irregularity or injustice in the manner of the attack. But when the Chief Magistrate is, by one of the co-ordinate branches of the Government, in its official capacity, in a public manner and by its recorded sentence, but without precedent, competent authority, or just cause, declared guilty of a breach of the laws and constitution, it is due to his station, to public opinion, and to a proper self respect, that the officer thus denounced should promptly expose the wrong which has been done.
In the present case moreover, there is even a stronger necessity for a fair and proper vindication. Even admitting the right of the Council to impeach, try, and depose the Governor. Their act in the present case would have been illegal and arbitrary for want of a constitutional quorum. But it is evident and clear that no such right exists, or is guaranteed, by the organic law The oath prescribed, requiring the Governor, as a special duty, so far as in him lies, to protect and keep inviolate the constitution, or organic law, which would indeed, have resulted from the very nature of his office, but by expressing it in the official oath, or affirmation, shews the importance which the framers of that instrument attached to it by giving it a peculiar solemnity and force. Bound to the performance of this duty by the oath I have taken, by the strongest obligations of gratitude to the Texian people, and by the ties which unite my every earthly interest, with the welfare and prosperity of my country; and perfectly convinced that the publication of the correspondence, and passage of the resolutions were not only a breach of faith, but unwarranted and entirely unauthorized by the organic law, and in many respects repugnant to its provisions, and subversive of the rights secured by it to other co-ordinate Departments. I deem it an imperitive duty to maintain the supremacy of that secred instrument, and the immunities of the Department intrusted to my care, by all means consistent with my own lawful powers, with the rights of others, and with the genius of Republican institutions. To this end I have caused this my solemn Protest against the aforesaid proceedings to be recorded in the Executive office, and now tender it to the Honorable the President and representatives of the people of Texas in General Convention assembled, with a request that by an act of their body they order it to be enrolled and entered on the Journals of the General Council of Texas.
It is alike due to the subject, to the Convention, to the Council, and to the people of Texas generally, that the views which I have taken of the proceedings refered to, and which compell me to regard them in the light in which I do, should be exhibited at length, and with the freedom and firmness which are required by an occurrence so peculiar so dangerous and unprecedented.
Under the law creating a provisional Government for Texas, the powers and functions of the several Departments of the Govt. and their responsibilities for violation or neglect of duty are clearly defined or result by necessary inference.
The Legislative power, subject to the qualified negative of the Governor, is vested in the General Council composed of one member from each Jurisdiction of Texas requiring two thirds of the whole number elect to form a quorum competent to pass any ordinance or resolution. The Executive power is vested exclusively in the Governor, except that in the conclusion of treaties and in appointments to office he is to act with the advice and consent of the Council, and holding also the commissioning power exclusively, I deem he has the right to except to appointments made by the Genl Council holding in all cases a qualified negative on their acts. He is also made commander in chief of the army and Navy. The judicial branch of the Govt. under the present provisional organization is but nominal. The Commander in Chief of the army having originated from the same source, with some qualifications, forms a coordinate branch also of the provisional Govt. And as it respects the impeachment of the Govr. under the existing organization, I consider the General Council as possessing the accusatory power by preferring specifications and charges, and the representatives of the people in Convention assembled, the legitimate triers. But although for the special purposes which have been mentioned, there is an occasional intermixture of the powers of the different Departments, yet with these exceptions, each of the three Departments is independent of the others in its sphere of action; and when it deviates from that sphere, is not responsible to the others, further than it is expressly made so by the Constitution, or organic law. In every other respect each of them is the coequal of the other two, and all are the servants of the Texian people, without power or fight to control or censure each other in the service of their common superior, save only in the manner and to the degree which that superior has prescribed.
The responsibilities of the Governor are numerous and weighty. He is liable to impeachment for high crimes and misdemeanors, and on due conviction subject to removal from office, and perpetual disqualification; for as the law now stands his punishment is not clearly defined, and must be drawn from inference or subject alone to the decision of his triers. And notwithstanding such conviction, he may be endicted and punished according to law. He is also liable to the private action of any party who may have been injured by his illegal mandates or instructions, in the same manner and to the same extent as the humblest functionary. In addition to the responsibilities which may thus be enforced by impeachment, criminal prosecution, or suit at law, he is also accountable at the bar of public opinion, for every act of his administration. Subject only to the restraints of Truth and Justice; the free people of Texas have the undoubted right, as individuals, or collectively, orally, or in writing, at such times and in such language and form, as they may think proper, to discuss his official conduct, and to express and promulgate their opinions concerning it. These are considered and believed to be the proper and only modes, in which the Governor of the Provisional Govt. of Texas, is to be held accountable for his official conduct.
Tested by these principles, the resolutions of the Council are wholly unauthorised by the organic law, and in derrogation of its entire spirit. They assume that the Council as a Department of the Government may for the purposes of a public censure, create excitement and breed disorganization and confusion for the purposes of promoting vile injurious and vindictive party strife, and promoting the injurious and unlawful views of individuals, to the manifest injury of the public good. And by passing such public censure, and by such unlawful injurious and disorganizing proceeding, vainly attempting to cover their own faithless and fraudulent acts as will abundantly appear in certain specifications and charges prefered against various members of that body, but by far too prolix to be incorporated in this instrument. And as it will evidently appear on a refference to the organic law that the Governor is subject to no such responsibility; and in no part of that instrument is any such power conferred on the Genl. Council.
The justice of these conclusions will be illustrated and confirmed by a brief analysis of the powers of the Council, and a comparison of their recent proceedings with those powers.
The functions assigned by the organic law to the Council are in their nature either Legislative or Judicial. It is only in the exercise of their judicial powers when sitting as a court for the trial of impeachments, that the Council is expressly authorized and necessarily required to consider, and decide, upon the conduct of their own President, one of their own members, or other public officer. And then by their proper Legislative action recommend to the Governor by their condemnatory sentence a dismissal of the individual from office. Whose duty it is in the regular discharge of his Executive functions to carry into effect, as will clearly appear in the 11th article of the organic law But to do this they must have a constitutional quorum of their body present. To dismiss their President, one of their own body or other public functionary, their constitutional right to do so, is cheerfully conceded. But to declare the Executive office vacant, without the casualties having happened, contemplated by law, deposing or attempting to depose the legitimate Governor as expressed in said Resolutions, is on the part of the Council clearly an outrage unauthorised by the organic law, which they were solemnly sworn to support.
The whole phraseology and sense of the preamble and resolutions seem to be judicial. Their only essence, true character, and only practical effect, are to be found in the conduct which they charge upon the Governor, and the judgment which they pronounce on that conduct. But nowhere do they set forth the reasons which induced the Message from the Executive Department addressed to a secret session, that called forth from the Council those resolutions. The message refered to I am willing to admit, was couched in language uncourteous and severe, repulsive in its character, and keen and pointed in its remarks, but was not more so than I deemed the occasion required, as will be clearly manifested by a refference to the specifications and charges before alluded to. And in as much as the members of the Council was acting as public functionaries, I was bound to presume would by their oaths, be compelled, to act in good faith, I had no right to expect that document would ever meet the public eye. It will be found on examination of the organic law, that the Council were limited, both in their powers and duties. In the 3rd article of that law their powers and duties are clearly defined, which reads as follows. “The duties of the Genl. Council shall be to devise ways and means, to advise and assist the Governor in the discharge of his functions.” Acting in their Legislative capacity as the divisers of ways and means, the Governor does, clearly, by law, hold a qualified negative over all their legislative action, and none of their acts can become laws, or valid, without his concurrence or approval. It is evident and clear, that no legislative action on the part of the Council could remove the Governor from office, or lawfully interfear or conflict with him in the discharge of his Executive functions. The Council, by inference or construction of law, under Republican principles, I am willing to admit, should possess the accusatory power, and as such, I have acknowledged the receipt of the specifications and charges which they have prefered against me; but the people of Texas, by their representatives in General Convention assembled, and from whom I emanated, I recognize as my peers, and legitimate triers; and to whatever decision they may think proper to make, I bow in humble submission. “To advise and assist the Governor in the discharge of his functions.” In what way advise and assist the Governor in the discharge of his functions? Clearly by their legislative action, by placing the means at his disposition to aid and assist him in the constitutional discharge of his Executive functions, as the exigencies of the country might require. It will be discovered on a perusal of the 3rd article of the organic law, as alluded to, that the Governor and Council, as co-ordinate branches of the provisional Govt. cooperate together for the protection of the public good. The Governor possessing the right of veto, on all of their legislative action. But in no part of that article, which prescribes the duties of the Council, will it appear that the Governor was bound to advise with them, without he thought proper. It will no where be found in the organic law, that they were otherwise, than by legislative action, made his controllers—that they were not made by law his Constitutional advisers, without whose consent, he could not act; but each department bound to discharge their own duties, with the qualification before alluded to, each independent of the other, as before stated. Each could recommend to the other, the passage or adoption of measures; but possessed no compulsory powers except such as are defined in the organic law The duties of the Council, as will appear on an examination of the said article, defining them, shews that they were limited and confined to certain objects, that the bounds were set, over which they were not permitted to pass—that their continued presence in the Council Hall is no where rendered necessary—that after performing all the essential duties designated in the law which created them, an adjournment of that body, by the supreme Executive authority, who by that notice of adjournment, acknowledges that for the present, he needs neither, their legislative action, or assistance as counselors, renders such adjournment neither injurious to the individuals or to the public. In as much as they were at the same time notified that if the emergencies of the country required it, that they would be immediately convened by proclamation. The right in the Governor to adjourn that body, without their co-operation or consent is no where expressly given in the organic law, nor is it any where forbidden. On an investigation of the article above alluded to, it will clearly appear that the Genl Council could do nothing without the sanction of the Executive Department. And on examination of the ordinances passed by them, it will be seen that everything contemplated by the organic law has been acted on by that body, long before their adjournment, and many also of a disorganizing and injurious tendency, for which they had no warrant. And being well satisfied that their presence in the Council Hall would be productive of no good to the public, but daily increasing the public debt; and being well satisfied that base intrigue and corruption had become the ruling passion of that body, induced me to pursue the course of which the Council so much complains, and for which they passed, and acted on the resolutions alluded to. As a public officer I was well aware, that I could screen myself from public censure, by taking honest exceptions to all of their acts, having an evil and injurious tendency. I was also well satisfied, that by intrigue and management, that the Genl. Council had concentrated so much power over the Executive Department, that the Governor would be rendered as powerless as he would be useless—the shadow of authority after the substance had departed.
It will be seen on examination of the 4th article of the organic law, defining the powers of the Governor etc which reads as follows
“The Governor for the time being, and during the existance of the Provisional Government, shall be clothed with full and ample Executive powers; and shall be commander in chief of the army and Navy, and of all the military forces for Texas, by sea and land.”
The law certainly would not be thus full and positive, if it were intended, that he should be trammeled in the discharge of those functions by the dictates of an unstable and fluctuating Council. Pursuing that article throughout in its proper spirit, it will clearly appear, that the Council could have no controll over the Governor in the discharge of his Executive functions, or as commander in chief of the army and Navy, any further than their Legislative action was necessary to place the proper means at his disposition. After enumerating all the powers delegated to the Governor, the article concludes as follows. “And that the Governor be clothed with all these, and all other powers, which may be thought necessary by the Genl Council, calculated to aid and protect the country from her enemies.” So that it evidently appears, that all the powers delegated by the organic law to the Governor was clearly under his own immediate controll, but if circumstances should render it necessary to use extraordinary powers, he was not permitted, without proper concurrence of the Council To shew the inconsistency and illegality of the action of the Council as set forth in their resolutions, even admitting them to be the competent tribunal, before whom the Governor could be tried on impeachment: Their conduct if not highly criminal, will clearly shew illiberality and want of principle. As the first intimation to the accused is their resolutions containing his condemnatory sentence. Thus converting themselves into accusers, witnesses, counsel, and judges, and prejudge the whole case. Thus presenting the appalling spectacle, in a free Government, of judges going through a labored preparation for an impartial hearing and decision by a previous exparte investigation, and sentence against the supposed offender. It is the policy of our benign system of jurisprudence to secure in all criminal proceedings, and even in the most trivial litigations, a fair, unprejudiced, and impartial trial. And surely it cannot be less important that such a trial should be secured to the highest officer of the Government. And it is not too much to say of the whole of these proceedings, that if they shall be approved and sustained by an intelligent people, then will that great contest with arbitrary power, which had established in statutes, in bills of rights, in sacred charters and in constitutions of Government, the right of every citizen to notice before trial, to a hearing before conviction, and to an impartial tribunal for deciding on the charge, have been waged in vain. But the evil tendency of the particular doctrine adverted to, though sufficiently serious, would be as nothing in comparison with the pernicious consequences which would inevitably flow from the approbation and allowance by the People, and the practice of the Council of the unconstitutional power of arraigning, censuring, and attempting to depose the Executive, even by force, in the manner recently resorted to by the Council. Such proceedings are eminently calculated to unsettle the foundations of the Government; to disturb the harmonious action of its different Departments; and to break down the checks and balances by which the wisdom of its framers sought to ensure its stability and usefulness.
The honest differences of opinion which occasionally exist, between the Governor and Council, in regard to matters in which both are obliged to participate are sufficiently embarrassing. But if the course recently adopted by the Council shall hereafter be pursued, it is not only obvious, that the harmony of the relations between the Governor and Council will be destroyed, but that other graver effects will ultimately ensue. If the censures and conduct of the Council be submitted to by the Governor, the confidence of the people in his ability and virtue will be impaired, and the character and usefulness of his administration will soon be at an end, and the real power of the Government will fall into the hands of a body ever changeable and fluctuating and who from that circumstance feel but little responsibility, not elected directly by the people, and not to them directly accountable. If on the other hand, the illegal censures and conduct of the Council should be resisted by the Governor, collisions and angry controversies would inevitably ensue, discreditable in their progress, and in the end compelling the people to adopt the conclusion, either that their Chief Magistrate was unworthy of their respect or that the Council was chargeable with calumny and injustice. Either of these results would impair public confidence in the system of Government, and lead to serious alterations of its frame work, or to the practical abandonment of some of its provisions. The resolutions of the Council removing the Governor from office, and their subsequent notice, accompanied with their specifications and charges, that if he did not appear in three days and plead to the charges before that body, that the trial would go on exparte before the Council. First clearly shewing by the passage of their resolutions, that their condemnatory sentence had allready been passed against him, by that body, who usurped the authority to become his constitutional triers. It is clearly evident however, that they possessed no such authority, and it is only necessary to look at the condition in which the Council and Governor have been placed, by this proceeding to perceive its utter incompatibility with the provisions and the spirit of the organic law, and the plainest dictates of common sense, humanity and justice.
The resolutions at all events shews clearly by their passage by a unanimous vote of the Council, that the Governor is considered by that body guilty of an impeachable offence. As such it is spread upon the Journals of the Council—published to the nation, and to the World—made part of our enduring archives—and incorporated in the History of the age. The punishment of removal from office and future disqualification does not it is true follow this decision, because they were not the constitutional triers. But the moral influence of a solemn declaration by the unanimous vote of that body, that the accused is guilty of the offence charged upon him, has been as effectually secured as if the like declaration had been made upon an impeachment, expressed in the same terms Whether the resolutions expressly alledge that the assumption of power and authority, which they condemn, was intentional and corrupt, is no answer to the preceding view of their character and effect. The act thus condemned, necessarily implies volition and design in the individual to whom it is imputed, and being unlawful in its character, the legal conclusion is, that it was prompted by improper motives, and committed with an unlawful intent. The charge is not of a mistake in the exercise of supposed powers, but of the assumption of power not confered by the constitution and laws but in derrogation of both, and nothing is suggested to excuse or palliate the turpitude of the act. In the absence of any such excuse or palliation, there is only room for one inference, and that is, that the intent was unlawful and corrupt. Besides the resolutions not only contains no mitigating suggestion, but on the contrary, it holds up the act complained of as justly obnoxious to censure and reprobation: and thus as distinctly stamps it with impurity of motive as if the strongest epithets had been used. The judgement of Guilty, by one of the co-ordinate branches of the Government; the stigma it would inflict on the offender, his family and fame, and the perpetual record on the Journals, handing down to future generations the story of his disgrace, were doubtless regarded by the framers of all republican constitutions, as the bitterest portions, if not the very essence of that punishment. So far therefore, as some of their most material parts are concerned, the passage, recording, and promulgation of the resolutions, are an attempt to bring them on the Governor unauthorised by the organic law, and all Republican principles. The influence of such proceedings on the other Departments of the Government, and more especially on the part of the military, could not fail to be extensively pernicious by producing disorganization and conflict. When the Council, who in this case set themselves up as judges in the last resort, for official misconduct, so wantonly and arbitrarily overleap the bounds of their authority, as prescribed by the organic law; what general disregard of its provisions might not their example be expected to produce? And who does not perceive that such an outrage and contempt for the Executive Department, by one of the coordinate branches, would hold out the strongest temptation to resistance on the part of the other dignitaries, whenever they shall suppose their rights were invaded? Thus all the independent Departments of the Government, and even the different Jurisdictions, instead of attending to their appropriate duties, and leaving those who may offend to be reclaimed or punished in the manner pointed out by law, would fall to mutual crimination and recrimination, and give to the people confusion and anarchy, instead of order and law; until at length some form of aristocratic power would be established on the ruins of the constitution, or the Government broken into separate communities. Far be it from me that any act of mine should in the most distant way, in the slightest degree tend to encourage any such result. It is not only the motives and designs, but the evil tendency of their acts of which it is my duty to speak. It is, if possible, to make counselors themselves sensible of the danger which lurks under the precedent set in their resolutions; and at any rate to perform my duty, as the responsible head of one of the coequal Departments of the Government, that I have been compelled to point out the consequences to which the discussion, passage and promulgation of the resolutions may lead, if the tendency of the measure be not checked in its inception.
It is due to the high trust with which I have been charged; to the Representatives of the people, whose constitutional prerogative has been unlawfully assumed; to the people, and to the constitution which they have established; that I should not permit its provisions to be broken down by such an attack on the Executive Department, without at least some effort to preserve, protect, and defend them. With this view and for the reasons which have been stated I do hereby SOLEMNLY PROTEST against the aforementioned proceedings of the Council, as unauthorised by the organic law; contrary to its spirit and special provisions; subversive of that distribution of the powers of Government which it has ordained and established; destructive of the checks and safeguards by which those powers were intended, on the one hand, to be controlled, and on the other to be protected; and calculated by their immediate and collateral effects, by their character and tendency, to concentrate in the hands of a body, not directly amenable to the people a degree of influence and power, dangerous to their liberties, and fatal to the constitution of their choice.
The resolutions of the council contains an imputation upon my private, as well as upon my public character; and as it must stand forever on their Journals, I cannot close this substitute for that defence which I have not been yet allowed to present in the ordinary form without remarking that I have lived in vain, if it be necessary for me now to enter into a formal vindication of my character and purposes from such an imputation. In vain do I bear upon my person enduring memorials of the contest for constitutional privileges, in opposition to military Despotism at the memorable seige of Velasco in [18]32—in vain have I since sacrificed personal ease to public duty—in vain am I now contending with violent and vindictive party strife, and unholy interests, without a personal aspiration, or the hope of individual advantage, encountering responsibilities and dangers from which, by mere inactivity in relation to a single point I might have been exempt—if any serious doubts can be entertained as to the purity of my purposes or motives
If I had been ambitious, I should have sought an alliance with that powerful speculating aristocracy, which now aspires to no divided empire. If I had been venal, I should have sold myself to their designs. had I prefered personal comfort, and official ease, to the performance of my arduous duties, I should have ceased to molest them. In the History of conquerors, and usurpers, never in the fire of Youth, nor in the vigor of manhood, could I find an attraction to lure me from the path of duty; and now I shall scarcely find an inducement, to commence their career of ambition, when with grey hairs I am traveling the down hill of lif