xwiuuwméfl 4% 2r . 1.5, 7. 1. 253.5 mama? _ COLLECTION THIS BOOK {IS NOT FOR CIRCULATION ,._,. ‘ 1.“.44 mm: 1 ‘K-'j'1'{«l’¥"¢‘/'n 14 ”mg .1" Him QM' 1‘? ' 1%wa v .. 2; 2 . . z. . K\ 2... ;. .UMflwwmvan;AUMOMMNWVHGN . fiwfimfiwflwmfl WNW,» MMUWNUMWWKWMNWWNWVMHUKM . ‘l WILLIAM VINCENT BYARS cManagi g Editor qniroduction [91 CLARENCE OUSLEY ORATORS AND ORATORY OF TEXAS ILL. CHICAGO, m m m L m P W W. om m m Copyright 1923 BY Ferd. P. Kaiser Publishing Co. Ac; Am; r at. ‘v i “43- n», v4.53.“ . ~ . . 'ém\w;€5‘g—m§u*tm; .. 5.5.1 t, TABLE OF CONTENTS ' VOLUME XI PAGE INTRODUCTION x111 CLARENCE OUSLEY . xvii ACKNOWLEDGMENTS, by the Managing Editor . . . . . . . How the Collection Was Made ARCHER, BRANCH T. (President, San Felipe “Consultation,” I835) . 19 Inaugural Address, Opening the “Consultation" Of 1835 AUSTIN, STEPHEN FULLER (“Father of Texas”) . . . . . . . . 23 Address Against the Fredonia Insurgents Address After His Release from Jail in Mexico Appeal for the Liberation of Texas (at Louisville) BISHOP, DOCTOR C. M. (President, Southwestern University) . . . 44 Man as a Religious Being BROOKS, DOCTOR SAMUEL PALMER (President, Baylor University) The Price of Peace 'BRYAN, GUY M. (Historian of Texas) . . . . . . . . . . . 53 The Founders of Texas The Future Greatness of the State Indivisible The Babe of the Alamo BURGES, WILLIAM H. (Lately President, Texas Bar Association) . . 62 “Perverted and ProfuseLegislation” BURLESON, DOCTOR RUFUS C. (Pioneer of Higher Education) . . . 68 The Heroic in Education and Character BURNET, DAVID G. (“Ad Interim” President, The Republic of Texas) 74 Funeral Oration for John A. Wharton ‘ Beginnings Of the Republic CARROLL, DOCTOR B. H. (Scholar and Pulpit Orator) . . . . . 83 My Infidelity and What Became of It iii 219-71 /{ 1V TABLE OF CONTENTS CHILTON, HORACE (Former United States Senator) . . . . o The Crisis of 1890—Nominating Governor Hogg COKE, RICHARD (Former Governor and United States Senator) . Principles of Peace and Order, 1875 COLDWELL, W. M. (of the El Paso Bar) . . . . . . . . . How Civilization Came to El Paso CONNALLY, THOMAS TERRY (Member of Congress) . . . . . . With Texans in the Battles of Europe CRAWFORD, MERIWETHER L. (Late of the Dallas Bar) . . . . . The Supreme Court of Texas CROCKETT, DAVID (Defender of the Alamo) . . . . . . . .' Against Jackson as Tyrant CULBERSON CHARLES A. (Lately Governor and United States Senator) American Principle Against Revolution THE DECLARATION OF TEXAS INDEPENDENCE (George C. Childress) The Washington Declaration, I836 The Goliad Address, 1835 DILLARD, FRANK CLIFFORD (Lately President, Texas Bar Association) After “Armageddon,” What? EAGLETON, DOCTOR D. F. (Editor, The Texas Literature Reader) The Place of Texas in American Literature EDWARDS, BENJAMIN W. (“President of the Republic of Fredonia”) Appeal for the Republic of Fredonia Address “To the Inhabitants of Austin’s Colony” EVERETT, DOCTOR S. H. (Senator in the Congress of Texas, 1836) On Houston’s Magnanimity to Santa Anna EXALL, HENRY (Lately President, Texas Industrial Congress) . A.Plea for Posterity FRANKLIN, THOMAS H. (Lately President, Texas Bar Association) Nature’s Noblemen at the Bar Poets and Orators as Prophets of Humanity PAGE 92 96 106 III 126 132 I38 ' I55 162 I68 I74 181 I84 TABLE OF CONTENTS GARWOOD, H. M. (Jurist and Legislator) . . . '. . . . . . . . The Scholar in Politics HENDERSON, J. PINCKNEY (Envoy of the Republic, First Governor of the State) . The Entrance of Texas into the Union First Issues of Statehood I HENDERSON, THOMAS S. (Lately Chairman, Board of Regents, Univer- sity of Texas) . . . . . The People’s Right of Impeachment HOBBY, WILLIAM PETTUS (Journalist, Lately Governor of Texas) Texas After the World Wan—Inaugural, 1919 Haas, JAMES S. (Reformer, Lately Governor of Texas) First Inaugural Address, 1891 The “Wild and Reckless Spirit of Inflation” Denouncing “Mobocracy” A “Paramount Issue” in 1893 HOUSTON, SAM. (Commander-in-Chief, Revolutionary Army, Presi- dent, Senator and Governor) . . . . . . . . . Farewell Address to the Army San Jacinto and the Capture of Santa Anna Inaugural Address as First President The First Year of the Republic ValedictOry as President Against South Carolina in 1860 JONES, ANSON (Last President of the Republic) .L . . . . . . . Against “A Splendid and Gigantic Monopoly” KITTRELL, NORMAN GOREE (Jurist and Author) .‘ . . . . . . . Address to Marshal Foch The Women of the Confederacy , KLEBERG, RUDOLPH (Volunteer, C. S. A.; Lately Member of Congress) 313' : The Demands of World-War on Loyalty PAGE I90 198 204 210 213 220 242 248 252 vi TABLE OF CONTENTS LAMAR, MIRABEAU BUONAPARTE (Orator of the Texas Revolution; PresidentofTexas) . . . . . . . . . . . . . . A Call to Arms The Crisis of 1836 “Laying the Foundation of a Great Nation” LEWIS, YANCEY (Jurist and Scholar) . . . . . . . . . . The University of Texas as a Vehicle of Enlightenment LOWBER, DOCTOR JAMES WILLIAM (Educator, Scientist and Pulpit Orator) . . Science and the Bible LUBBOCK, FRANCIS R. (“War—Governor” of Texas) . . . . . The Capture of Jefferson Davis MCGREGOR, TEMPLE H. (of the Texas Bar Association; Lately Mem- ber of Legislature) . I Greatness in Oratory MILLS, ROGER QUARLEs (Political Economist, Congressman and Sena- tor for Texas) Advocating the “Mills Bill” NEFF, PAT. M. (Governor, 1921-23-) . . . . . . . . . . . . The “Science of Public Service” Our “Supreme Sacrifice” for Europe PHILLIPS, JUDGE NELSON (Lately Chief Justice, Supreme Court of Texas) . . . . . Texas Character as an Inheritance The Judicial Oflice,——-Liberty and Law REAGAN, JOHN H. (Economist; Postmaster General, C. S. A.; United States Senator) . . . . The Life and Character of General Rusk The “Force Bill” and the “Solid South” The Death of Chief Bowles ROBERTS, ORAN MILO (First President, Texas Historical Association; Governor; Chief Justice) History as the Study of Life The Position of Texas in 1867 PAGE 257 267 280 285 290 295 300 306 314 326 my“ ’ i famine-1w TABLE OF CONTENTS vii PAGE RUSK, THOMAS J. (Chief Justice, Republic of Texas; United States Senator)...................334 At the Grave of the Goliad Victims Deciding Destiny with the Steam Engine The Division of Conquered Territory SHEPPARD, MORRIS (United States Senator) . . . . . . . . 341 Memorable Events of Texas History SMITH, ASHBEL (Minister of the Republic of Texas to England and France; Secretary of State, Republic of Texas) . . . . 354 Texas in International Politics TERRELL, JUDGE ALEXANDER W. (Jurist and Diplomat, United States MinistertoTurkey) . . . . . . . . . . . . . . 36o Houston’s Confessions and Conversion TRUETT, DOCTOR GEORGE W. (Scholar and Pulpit Orator) . . . . 367 Self-Devotion in Voluntary Service WHARTON, WILLIAM H. (Commissioner and Minister of the Republic of Texas to the United States) . . . . . . . . . . 372 The Liberation of Texas—An Appeal to All Americans, New York, 1836. WIGFALL, LOUIs TREZEVANT (United States Senator; Senator of the Confederate States) . . . . . . . . . . . . . .‘ . 389 Farewell to the United States, 1861 ZAVALA, LORENZO DE (First Vice-President, The Republic of Texas) 395 Self-Defense Against Usurpers For the Liberation of Mexico NOTABLE AND MEMORABLE PASSAGES . . . . . . . . . . . . 399 From a Hundred Texas Orators BIOGRAPHICALDATA..................432 INDEX.boo-loounooouoogog 437 i. O I O . NOTABLE AND MEMORABLE PASSAGES PAGE ABBOT, J. S. The Age of Superlatives ...... 425 ALLEN, WILBUR P. Missionary Work of the Noble Dead ..................... 416 Service, Free and Voluntary, Tried by Fire .............. 423 World- Mastery Through Blood and Iron” ..... ...43I ATKINSON, H. N. The Seventh Commandment. . . 428 BAILEY, SENATOR JOSEPH W. Europeanizing America ....... 401 BEE, CARLOS Humamty and Law ........... 401‘ BENEDICT, DOCTOR H. Y. A Lawless Remark by a Layman 399 BRALLY, PROFESSOR F. M. The Country Church. ......... 401 BRIGGS, REV. DOCTOR G. W. A Prayer for Light and Life.. 402 A Prayer for a New Day ..... 400 Thanks for Dreamers and Prophets ........ 425 We and Our Day............. 429 BROOKS, DOCTOR S. P. Freedom to Differ ............ 407 Zero for Vision.. . . . . . . ....... 431 BURLESON, GENERAL EDWARD Thermopylae and the Alamo.. 402 BURLESON, DOCTOR RUFUS C. Houston’s Indian Father ...... 402 CALLOWAY, J. J. A Substitute for Education... 400 CAMPBELL, GOVERNOR T. M. Lobbyists as Lawmakers ...... 402 CHAMBERS, THOMAS JEFFERSON On the Martyrs of the Alamo 403 CHRISTIAN, W. J. Master-Minds and their Meth- ods ...... .CCDODOOIOQOIODIC. 416 CLOUGH, G. 0. Personal Touch 420 PAGE COKE, GOVERNOR RICHARD Ofiicial Accomplices of Mobs.. 419 State Police ..... 403 COLQUITT, GOVERNOR O. B. “Spellbinders” ................ 424 The Descent of Man........ . . 403 CRANE, M. M. Muck and Muck-Rakes ....... 417 Peroration against Governor Ferguson 403 CRAWFORD, SENATOR J. W CRAVEN, MRS. MABEL Little Children . . . . . . . . . .414 DAVIS, J. H. (“Cyclone Davis”) Benevolent Assimilation as the “Higher Law” ...... . ...... 404 DE MORSE, COLONEL CHARLES ' The Past and Present of a Primitive Paradise ......... 404 DOUGHTY, W. F. Knowledge of the Living Truth 405 The Panacea 428 DUFF, R. C. American Presidents as Imper- ators ......... 399 DUNCALF, FREDERIC “The Good of the Intellect”.. 427 FERGUSON, GOVERNOR JAMES E. The Little House Beside the Road ..... 427 FIELDS, CHIEF RICHARD Speech to the Nacogdoches Committee . ..... . . . . . ...... 4 FRANKLIN, THOMAS H. “Acre Perennius” . . ..... . . . . . 399 GLASS, HIRAM Tribulations of Railroads and their Lawyers 407 GRINNAN, ARCH The Social Compact. ......... 4.28 HARRIS, JOHN CHARLES The Meaning of Ethics ....... 408 ix Nominating Roger Q.'Mills... 403 ‘ . I l 1, i g. If I l l l X NOTABLE AND MEMORABLE PASSAGES PAGE HOGG, GOVERNOR JAMES S. Posterity as a Helpless Victim. 421 HOUSE, EDWARD MANDELL Address to the Supreme War Council of the Allies, 1917—— (Complete) ................ 408 Expansion, Land-grabbing and War as Viewed by the Kaiser ..................... 405 HOUSTON, TEMPLE Plea for a Fallen Woman ..... 408 HUME, F. CHARLES, Senior A Final Conclusion ........... _ 399 HUME, F. CHARLES, Junior The Proper Study of Mankind 410 HUSON, HOBART Santa Anna, “Not a Bad Man but a Mexican” ............. 418 HUTCHENRIDER, ROSE Culture to Order ............. 404 IRELAND, GOVERNOR JOHN Money Famines Explained. . . . 410 Taking All the Law Allows.. . 425 Texas Generosity and its Re- sults . . . . ..... . ............. 425 JESTER, C. L. Monumental Greatness ....... 417 Virtue as Self—Possession ...... 429 JOHN, ROBERT A. Uniformity, Conformity and Self-Government ........... 429 JOHNSON, CONE Enlightenment and Education for All Men ................ 411 The Gospel of Hate ........... 407 JOHNSON, COLONEL FRANCIS W. World- Politics in 1836 ........ 411 JONES, F. G. The Language of the Arts and Sciences ................... 427 JONES, MARVIN World- War and Its Maimed Victims .................... 411 KEITH, BENJAMIN F. What Shall We Read? ........ 430 KERCHEVILLE, J. IRA Bowie and Cos at the Alamo. 411 KINSOLVING, BISHOP GEORGE H. Little Things that Kill ........ 412 KIRBY, JOHN H. Disadvantages Confidential 412 PAGE KIRK, FRANCES C. Living and Making a Living” 33 Thinking and Doing .......... KLEBERG, M. E. What Constitutes a State?.... 412 KLEBERG, RUDOLPH Hasty Justice ............ 408 KREY, PROFESSOR A. C. How History is Written ...... 409 LAMAR, MIRABEAU B. Invasion as Murder ........... 410 “Moonshine and Dicers’ Oaths” ..................... 417 The Beauty of Justice ........ _ 426 LANHAM, FRITZ G. On the Anniversary of Texas Independence ........... 412 LANHAM, GOVERNOR S. W. T. Private Usurpation of the Power of Life and Death... 413 LATHROP, MRS. H. L. Art in the World-War ........ 400 LEE, CHARLES K. Woman Sufirage -- Why to Like it ...... . . . . ........... 413 LIGHTFOOT, JEWEL P. Industry and Enlightenment... 414 LINDSLEY, JUDGE PHILIP The Texas Home-Seeker. ..... 414 LITTLETON, MARTIN W. Patriotism asla Reality ....... 419 Republicans in Texas.... ..... 422 LOWBER, DOCTOR J. W. Evolution and Revelation ..... 405 Fenelon’s French in the Educa— tion of Alexander Campbell. 406 Philology and the Bible.. ..... 421 McCAULEY, PAULINE News-Value of the Bible ...... 418 McCULLOUGH, T. L. - A Modest Tribute to McLen- nan County ......... . ...... 400 McGREGOR, TEMPLE H. Greatness through Free Initia- tive ........................ 407 McKEE, BERTHA Lanier as a Southern Poet.... 415 MAXEY, GENERAL SAM. BELL The Man for the Hour ....... 416 MAYES, ARTHUR B. Happiness and Common Things 407 R4 412 PAGE MILNER, R. M. The Rule of Reason. . ........ 428 MOORE, E. T, of Travis County Flowers of Speech in the Leg- islature .406 MOORE, JUDGE L. W. “Mob-Law” as Anarchy ....... 417 MURPHY, JOHN F. San Jacinto Day .............. 417 PATTY, W. E. Addisons and Thackerays from Podunk . . . . ........ . . . ..... 419 PAYNE, PROFESSOR L. W. Texas Poets in Boston ........ 420 PENDERGAST, F. H. Extorted Confessions ........ 420 PENDLETON, LT. GOVERNOR GEORGE C. Local Self-Government ....... 415 Principles of Peace and Pros- perity . .................... . 421 PERRY, A. G. After La Bahia in 1835 ....... 420 PHELAN, DOCTOR W. W. The “Get-Rich-Quick” Idea... 421 The Greatest Thing in the World ...... .. ...... 427 POLLARD, CLAUDE The Fathers of Texas, Fathers of Freedom 421 PORTER, MRS. J. N. How to Learn to Live ....... . 410 RAMER, MRS. FLORENCE R. The Blind Side............... 426 ROGAN, E. H. Jefferson Davis as a Scapegoat for the South ............ 404 Ross, GOVERNOR L. S. Costly Justice . ............... 403 Monopolies and Perpetuities... 422 Reasoning With Texas Rail- oooooooooooooooooo 0an The Aftermath of Slavery” .425 ROYAL, R. R. A Call for Help, Help, Help!!! 422 SANFORD, ALLAN D. Langton and the Magna Charta 412 Mississippi Innocents . . . ...... 416 SHEPPARD, SENATOR MORRIS ' In God We Trust ............ 410 Lee and Washington .......... 413 Rumbold on the Scaffold ...... 423 The Future of Texas. 427 NOTABLE AND MEMORABLE PASSAGES Xi PAGE SLAYDEN, JAMES L. HOW to Be a Good Neighbor. 423 SMITH, ASHBEL Results of San Jacinto ........ 423 SMITH, GOVERNOR HENRY On the “Scoundrels” of His Council ...... 424 SONEIELD, LEON Flags as Pledges of Freedom. . 424 S',PLAWN PROFESSOR W. M. W. The First Texas Schools ...... 426 SPOONTS, M. A. Reed and Springer ...... . . . . . . 424 STEWART, JOSEPHH On the Death of Colonel Frank W. Johnson ........ ....424 TERRELL, JUDGE ALEXANDER W. Immortality ...... . 410 TERRELL, J. O. Dying Rich . .................. 425 Washington, Coke and Asbury on Slavery ...... 429 THOMPSON, DOCTOR JAMES E. Over-Education and Brilliancy. 419 TRAVIS, WILLIAM BARRET The Alamo Message .......... 429 TRUETT, DOCTOR GEORGE W. The Call for Justice .......... 426 Your Sphere . . . . . . . ......... . 429 WALKER, JOHN C. Mixing Conscience with Brains 416 WEBB, B. R. Foote and Jefferson Davis ..... 407 The Principles of Right Eter- nal . ..... ............... 429 WEST, ELIZABETH HOWARD - Organization . . . . . . . . ......... 419 WHARTON, C. R. An Anglo—Saxon Method ..... . 430 WILKINSON, ALFRED ERNEST Literature and Law ........... 414 The First Client. . . . . . ........ 430 WILSON, J. C. The Daughter of Texas ....... 430 WOOTEN, DUDLEY G. Simon Bolivar’s Prophecy. . . . . 431 WRIGHT, GEORGE K. Widows and Orphans Incor- porated 430 WRIGHT, W. A. . Public Prejudice as Public Opinion 421 w , ‘ ‘ ‘ ‘ y - [Ill!{ 1 l 1 y I , ii. 4. - f 31!"; Vikki? Vulkfogzrzxfl , » Li I ‘ x L , 5 x ‘ y ) I l - ‘4 i y {1 , ‘ kindnilll'jtii‘ 23.111?! INTRODUCTION BY CLARENCE OUSLEY HE history and achievements of Texas furnish unusual occasions and themes of oratory. She is unique among the States of the Union. She has rendered fealty to six flags, and she has ex— perienced independent sovereignty among the nations of the earth. The sea is hers, and the mountains; her domain is greater than that of many empires of ancient or modern times—from the Gulf of Mexico and the land of the Montezumas almost to the central latitude of the republic; from the forests of the lower Mississippi, across the plains, almost to the Rockies. She has felt all the thrills of penetrating and conquering "the wilderness, of pioneering in far places, of battling with savages, of over~ throwing tyranny, of erecting a State, of building a civilization. But she is not apart. From the very beginning of her Anglo Saxon settlements she has been in blood and bone, in ideal and aspiration, at one with the mighty people and the great government of the United States of America into which she came proudly in her own sovereignty, yet mOdestly as a child of the loin. So, she shares all the noble principles and moving sentiments of this “land of the free and home of the brave,” with its epochal events of war and peace, and yet she has had adventures all her own; she has had her warriors, her statesmen, her captains of industry, and the causes which evoked their talents and inspired her orators. . Occasional EurOpean explorers traversed parts of Texas in the six- teenth century in search of treasure. La Salle, the great Frenchman, in 1685, by mistake sailed into Matagorda Bay instead of the mouth of the Mississippi, which he had discovered three years before, and built a fort on the Lavaca River, but lost his life while trying to reach the French settlements to the North and his little company was dispersed by the Indians. Shortly after this misadventure and thereafter until the close of the eighteenth century Catholic priests from Mexico penetrated Texas and ‘set up missions for the conversion and education of the Indians. Some of these mission structures around San Antonio remain to mark a colorful era of distinct historical value. One of them, the chapel of the Alamo, was the Thermopylae of the Texas revolution. xiii Wows—«m»: 1 ‘ ~ ‘fi,?§_d.€:w f“"-“" m. .: 'r A. 7 sevr'tfxse xiv INTRODUCTION This historical background is interesting in this review only as exhibit- ing the source of a somewhat ancient flavor of primeval fastncss, of vast plains flecked with herds of buffalo and wild horses, of savage peoples and primitive industry, of picturesque adventure, of missionary zeal, of the ebb and flow of French, Spanish and English power, with the great domain and wealth of the American continent the flotsam and jetsam of European tides of war—all of which constitute an inheritance of romance and heroism to rouse the pride and quicken the emotions of the Texas orator. Following the mission period, there was a short space of filibustering which, while it left no accomplishment, pointed the way of enduring settlements from the States of the American union. These filibusters, notably Philip Nolan, Lieutenant A. W. Magee and Dr. James Long, in the period from 1797 to 1820, made lively times in Texas. They rank with the bravest in any period of world history, and they were no more lawless than the Spanish conquerors who seized dominion over the lands of the aborigines. The real commonwealth of Texas had its origin in the colonization project of Moses Austin, whose death transferred its execution to his son, Stephen F. Austin, of Missouri which was then a part of Louisiana at that time a possession of Spain. Young Austin proved himself to be a great pathfinder and empire builder. He has been justly called the father Of Texas. The original grant'was obtained from Spain in 1821, but that ancient, long powerful and always cruel tyranny lOst Mexico, including Texas, by revolution shortly afterward, and the settlement was effected under colon— ization laws of the new government. The first colonists arrived late in 1821. Delay in obtaining confirma- tion of the right of colonization, Austin’s long absence in the capital of Mexico on that business, difficulty in obtaining supplies and bloody ex- periences with the Indians put the courage and patience of the settlers to such tests of hardihood as were experienced by early colonials in all parts of America and gave the Texans rank with the bravest and sturdiest of the nation’s pioneers. From this beginning and from other colonies established by other empresam’os the Anglo Saxon population in Texas increased rapidly. But in due time came, also, many mere adventurers, filibusters and some fugitives from justice. Troubles arose over old Spanish land grants and forged titles, over lawless undertakings of various sorts and conflicting claims, of empresarios. One of the empresarios, Hayden Edwards, resent- ing acts of injustice by the Mexican government, undertook to set up the “Republic of Fredonia,” but Austin threw his influence with the govern- ment and the insurrection was quelled. Clashes with the Indians were frequent and there were innumerable acts of depredation and? petty warfare. 1M;‘_..nw;._.n m." ‘as. ' l i ‘1‘ fUTce INTRODUCTION XV But few years passed before the incompatibility of Texas and Mexico became apparent. Mexico was in constant revolution. One regime suc- ceeded another, and there was little regard by any administration for the guarantees of the republican constitution of 1824. For the most part Mexican government was military dictatorship. Neither the Spanish con- cept nor the Indian concept, of which the Mexican concept is compounded, includes the American concept of popular sovereignty and local self gov- ernment. When the Texans were not grossly neglected by the central government they were ruthlessly overridden by military satraps and political buccaneers. At length they took the course that all freemen have pursued since the English barons wrung Magna Carta from King John, and revolted. They were the sons of the revolutionists of 1776, and they were faithful to the Mexican constitution of 1824 as their forefathers were faithful to the English constitution. But when their rulers set mili- tary power above civil power and denied constitutional rights the colonists of Texas, as the colonists of the United States, asserted their independence and won it in a war of small proportions but magnificent courage and strategy. The chief figure of the revolution was Sam Houston who had lately come out of mysterious retirement among the Indians after quitting the _ office of governor of Tennessee. He was a romantic and colossal figure—— a military genius, a seasoned statesman, the friend of Andrew Jackson and the champion of freedom. No other type of man could have organized the intrepid but individualistic and undisciplined Texans. Santa Anna, the dictator of Mexico, came with 10,000 well trained troops to subdue the revolutionists. Against these Houston could muster only a few hundred assembled in small groups at several points. Before they could be organized and disposed the Alamo had fallen and its 182 desperate defenders were killed and their bodies burned in sheer Mexican savagcry; a force of some 350 had been compelled to surrender near Goliad and nearly all of them were treacherously slaughtered; the country- side was in panic, and Santa Anna confidently divided his army into three columns to move in different directions to complete the subjugation. Houston with rare patience and rarer skill gradually organized his forces, starting with some 300 at Gonzales, and retreated until he could disconcert the enemy, bring his little army to full strength and give some measure of military training to his impetuous frontiersmen who knew how to shoot and were without personal fear but had \no knowledge of military art and were contemptuous of mass movement. He reached San Jacinto on Buffalo Bayou with 783 men and~0n April 21, 1836, engaged an enemy force of more than 1500 commanded by Santa Anna himself. The battle was short and furious. The Texans charged, shouting, “Remember the Alamo! Remember Goliad!” and the startled Mexican army crumpled in terror. The Texan loss was six killed and 25 wounded; ”urge fi‘v‘w—z-rrz““fi~—r.q~: < ....-.~: :u—w -:. ‘ “NV?“ ' h "' i ' v" A w: my»: *0, .“1 -..-.> . , . ”.35: ~€= l ”twm m. . ~ ‘- 1 i l e :9 F? xvi INTRODUCTION the Mexican loss was 630 dead, 208 wounded and 730 captured, including Santa Anna. Having the head of the government in his hands, Houston found little difficulty in exacting an agreement for immediate evacuation and acknowledgment of Texas independence. The drama of the American revolution had been reenacted upon a smaller stage but with a powerful foe. The strategy of Washington was matched in the strategy of Houston. The erection of the sovereign States of the Union was emulated in the erection of the Republic of Texas. For ten years the nation of the Lone Star held place in the constellation of the nations of the earth and then merged its sovereignty with the sovereignties of its kindred of blood and spirit, the Unitedetates of America. These are themes of surpassing appeal to all the sentiments and emo- tions of patriotism and free manhood. While they are familiar to the affections and potent in the inspiration of all American orators, their nearness in time and their complete identification with this State make them peculiarly precious to the sons and daughters of Texas. Since annexation the career of the State and the social, political and industrial movements within it have run more or less parallel with the course of other States. Slavery and secession here as elsewhere in the South raised high tides of passion, and reconstruction brought its un- speakable miseries and hatreds, but the common cause of the Spanish- American war, even before the world war, completely obliterated what little of sectionalism may have been left by the slow healing of time. Meanwhile the State has been distinguished in its civil policies by a singular concern for public education, evidenced by its appropriations of public lands for a university and for common schools; by a deep appreciation of rural welfare ‘as a prime condition of wholesomeness in the commonwealth; by early and vigorous legislation in restraint of com- mercial greed, and by rigorous measures for temperance. These causes and the contests growing out of them have developed high thinking and tuned the tongues of Texans to moving speech. Beneath it all and running through it all is intense pride in the vastness of the State’s area and resources, in its eventful and fruitful history, in the achievements of its pioneers, soldiers and statesmen, and this sentiment colors every present activity and future prospect with a cast of destiny that seems like a special‘providence and a call to great emprise. / EDITOR’S NOTE :—The selections in this volume were all made by the Managing Editor, and appreciative acknowledgment is made to those who so generously collaborated in the prepara- tion of the work. ‘1 to strike 3 listed as l 5 mails 1'1 1 l respects olorigl - this, the 5 anythin ‘1 the can I 5 expert reader l Statel 5 cantile 5‘ theRie ' andSe ‘ eomph Sh anyor such ' men: ‘ Slee fifl ACKNOWLEDGMENTS ;.. u l " :vZC‘uAllOil r .13'1EXANS in every part of the State have shared in the making of this "‘ ‘ volume, deciding in advance what it ought to be. They responded to personal and circular letters, inviting them to select twenty-five names from a list of over a hundred, as in their judgments, best; to strike from the list all they thought unsuitable, and to add names not listed as they thought necessary. Their responses came from as far as the mails reach in Texas, and their help was invaluable,-—though in some respects, they were at times “hard masters,” since they called for an amount of original research which is rarely expended on any single volume. F or' 4;": ~N , (kid "3) Yrs mm. this, the reader owes them thanks, without holding them responsible for :10 the anything except the obvious successes of the volume, as far as it represents their the consensus of their opinions. As they demanded the work of experts, expert help was seldom denied when asked for, but the obligation of the -. reader is chiefly for help given, as far as asked, by the able staffs of the State Library of Texas, the Ridgway Library of Philadelphia and the Mer— cantile Library of Saint Louis,—-—three institutions which, beginning with the Ridgway, founded by Benjamin Franklin, carry the making of the West and Southwest from Franklin’s projected Western Colony of 1760-75 to the completion of the map of the Continental United States. Since, with all possible help from libraries, it would be useless for anyone not familiar with the old-book stores of the country to undertake such a volume as this, the reader is under obligations among “Old Book— men,” especially to Mr. H. P. N. Gaminel, Senior, of Austin, whose exten- sive knowledge of Texas literature and life has been drawn on far beyond - the total of his bills,—-—the last of which, as for “100 lbs. Texas Oratory,” helps to explain how the “Department of Notable and Memorable Passages” was rounded out (as it is hoped) to the reader’s satisfaction. In compiling the volume, all possible care has been taken to make the texts accurately verbatim in every case,—without adopting the “literatim” method, which though pleasing to those who like it, may make any volume it characterizes, almost unreadable for those who are not educated in doing their own proof-reading. At the low estimate of 500 as an annual average, at least 10,000 speeches, addresses, lectures and sermons must have been delivered in Texas during the first two decades of the present century. If we fail at any point to represent the best in these and in those of the preceding century, the reader must not hold our helpers responsible. They called for the best, and though no single volume'can claim to hold all the best, it may be said with confi- dence that this volume holds Texas masterpieces, not surpassed elsewhere during the century they illustrate. imefll ,_ éstifll j x I I __ 2 XVII , T 1. .z 3.4. 1, y a 153.7! «1! ugfifil nuvolfléfiww‘L. 5» i BRANCH T. ARCHER (President of the San Felipe Consultation of 1835; Commissioner of Texas to the United States; member of the Congress of Texas; Secretary of War, Republic of Texas) N NOVEMBER 3, 1835, when the San Felipe Conference organized by electing Branch T. Archer its President, the Texas Revolution had opened as fully as had the American Revolution of 1775 after the Battle of Lexington, when, even if revolutions ever go backward, the only possible way out for the revolutionists was forward. At San Felipe in 1835, this was much better known thanvit was in Phila- delphia and New York in 1775, when those who did not stop to connect cause and effect still appealed for compromise and peace, though all who could comprehend the issues at stake, could see no choice between inde- pendence and complete subjection. The San Felipe Conference of 1835 was really the first Revolutionary Convention of Texas, but though in 1835, Santa Anna had shown himself opposed to any form of constitutional government, many Texans still hoped aid from Mexican Liberals in estab- lishing constitutional government for Mexico with home rule for Texas under it. Doctor Archer reflects this hope in his address as President of the Convention; yet while it did not declare for independence, the Con- vention organized for it by providing a provisional government, with Houston as General of the Army, Henry Smith (q. v.) as Provisional Governor and J. W. Robinson as Lieutenant-Governor. _ This might have been the revolutionary government of Texas through- out the War for Independence, but for a contest of great bitterness be- tween Governor Smith and the Council, which delayed the Revolution, until the succeeding Convention set the quarrel and all engaged in it aside. More important than this was the appointment of Stephen F. Austin, William H. Wharton and Branch T. Archer as Texas Commis- , sioners to appeal for aid in the United States. The address of Austin in Louisville and Wharton in New York, following this in their alphabetical order, being among the most widely circulated speeches of the Texas Revolution, are of first importance in the history of Texas and of Nine- teenth century America. They should be referred to as results of‘the San Felipe Conference. Doctor Archer ranks with Wharton among the early oratorsof Texas in the command of forcible and direct English, though not perhaps in metaphor. It is unfortunate that so few of his speeches have been ade- I9 ~- A...” A; Chasm,“ I}. “any?! -.. , ‘ 7‘ five-fax. Way .,..-—.a~.,...._ . 7:3,th :—." "1WPW; ,5sz r.“ . j 1 ’3 20 , BRANCH T. ARCHER quately reported. As his associates in the Mission to the United States, Austin and Wharton are adequately represented by speeches in the Texas State library. An original pamphlet copy of Austin’s speech at Louisville is preserved by the Saint Louis Mercantile Library, and that of Wharton at New York is among the pamphlet collections of the Ridgway Library, Philadelphia. (See Appendix, Biographical Data, Archer.) INAUGURAL ADDRESS, OPENING THE SAN FELIPE “CONSULTA- TION,” I835 (Delivered at San Felipe, November 3, 1835, on taking the chair, after election “on motion of 'S. Houston.” Complete) Gentlemen : -— RETURN you my thanks for the honor you have conferred on me. The duties which devolve on the members of this body are arduous and highly important; in fact, the destinies of Texas are placed in your hands; and I hope that you are now assembled, in every way prepared to discharge those duties in a manner creditable to yourselves and beneficial to your country. I call upon each and all of you to divest yourselves of all party feelings, to discard every selfish motive, and look alone to the true interest of your country. In the words of the Hebrew prophet, I would say, “Put off your shoes, for the ground upon which you stand is holy.” The rights and liberties of thousands of freemen are in your hands, and millions yet unborn may be affected by your decisions. The first measure that will be brought before the house, will be a decla- ration in which we will set forth to the world the causes which have im- pelled us to take up arms, and the objects for which we fight. Secondly. I will suggest for your consideration the propriety of estab- lishing a provisional government, the election of a governor, lieutenant— governor and council; and I would recommend that these officers be clothed with both legislative and executive powers. This measure I con- ceive absolutely necessary to prevent Texas from falling into the labyrinth of anarchy. ‘ Thirdly. The organization of the military requires your immediate attention. You have an army in the field whose achievements have already shed luster upon our arms. They have not the provisions and comforts necessary to continue their services in the field. Give them character or their victories, though they are achieved not without danger and glory,— will, nevertheless, be unproductive of good. Sustain and support them and they will do honor to you, and render incalculable service to their country. But neglect them—Texas is lost! The adoption of a'code of military BRANCH T. ARCHER 21 laws is indispensable. Without discipline and order in the ranks, your armies will be mobs, more dangerous to themselves than to their adver- saries, and liable at all times to be routed and cut to pieces by a handful of regulars. I know the men that are now in the field. There never were better materials for soldiers; but without discipline they can achieve noth- ing. Establish military laws, and like the dragon’s teeth sown by Cadmus, they will produce armed men. It will be necessary to procure funds in order to establish the contemplated government, and to carry on the war in which we are now engaged; it will, therefore, be our duty to elect agents to procure those funds. I have too high an opinion of the plain, practical sense of the members of this body, to think for a moment, that they will elect any but some of our most influential citizens to this impor- tant post. Without funds, however heroically your armies may fight, how- ever wisely your councils may legislate, they will erect but a baseless fabric that will fall of its own weight. There are several warlike and powerful tribes of Indians, that claim certain portions of our lands. Locations have been made within the limits they claim, which has created great dissatisfaction among them. Some of the chiefs of those tribes are expected here in a few days; and I deem it expedient to make some equitable arrangement of the matter that will prove satisfactory to them. Permit me to call your attention to another subject. Some of our brethren of the United States of the North, hearing of our difiiculties, have generously come to our aid. Many more ere long will be with us; services such as they will render, should never be forgotten. It will be proper for this Convention to secure to them the rights and privileges of citizens, to secure to them their land “in head rights,” and place them on the same footing with those ,of our citizens who have not yet obtained from government their lands; and in all other respects to place them on an equal footing with our most favored citizens. Again, the path to promotion must be open. They must know that deeds of chivalry and heroism will meet their rewards, and that you will throw no obstruction in their pathway to fame. Some fraudulent sales or grants of land, by the late government of Coahuila and Texas, will require your attention. The establishment of mails, and an express department, is deemed necessary to promote the interests of the country; besides other minor matters that have escaped my observation in this cursory review. Finally, Gentlemen and Friends, let me call your attention from these details to the high position which you now occupy. Let me remind you that the eyes of the world are upon you; that battling as we are against the depotism of a military chieftain, all true republicans, all friends to the liberties of man are anxious spectators of the conflict, or deeply inter- ested in the cause. Let us give evidence that we are the true descend- we". ., .‘ u-v-z A, .-. <«--~)7~4 ywhu.» - r ' ~ ‘\ ’ Jaw—fix: >W.\- Vamwfi I 22 BRANCH T. ARCHER ants of that band of heroes, who sustained an eight years’ war against tyranny and oppression and gave liberty to a new world. Let our achieve- ments be such that our Mother Country, when she reads the bright page that records them, shall proudly and joyfully exclaim: These are my sons! their heroic deeds mark. them as such! Again, Gentlemen, let me admonish you that “the ground on which you stand is h’oly,”—that your decisions will affect the rights and liberties of thousands of freemen; the destinies of millions yet unborn, and per— haps the cause of liberty itself. I do not View the cause in which we are engaged, as that of 'freemen fighting alone against military despotism; I do not view it as Texas battling alone for her rights and her liberties! I View it in a nobler, more exalted light! I View it as the great work of laying thecorner stone of liberty in the great Mexican republic. -—From “Jonrnals of the Consultation held at San Felipe de Austin, Oct. I6, I835, Texas State Library. intt '1; .1 it? , . n.“ ’,s . ,1}: it 31:49“ ‘ '_ ”STEPHEN FULLER AUSTIN (Founder of Texas) i f; .{HE three addresses by Stephen F. Austin which follow are among the most significant in Texas history. Perhaps other speeches made in Texas have been more manifestly decisive, but these certainly illustrate most decisively the strongest element of char- acter which gave Austin his success. He had the patience and tolerance to wait long, enduring what seemed to be great wrong, while trying to decide from, the evidence what is positively and decisively right. He never defined in words the David Crockett rule of continuous progress, at least expense of suffering and with the least danger of reaction, but “Be sure you are right,——then go ahead!” was his rule of action, and in his conduct he emphasized the “then.” . His speech on his return from imprisonment in Mexico supports the evidence of his prison Journal that, wasting time neither in fears nor regrets, he had “taken advantage of his disadvantages.” He had made every effort in prison for self-improvement that he might make up his mind through actual and comprehensive thought. In Louisville, when appealing to all Americans in behalf of Texas independence, he shows that his mind is fully made up; that he is looking forward, and only forward, and that at crisis, .he has full faithin the decisive strength of the elements of right he has studied so laboriously. If at times he now seems almost tedious in defining these elements, we must remember that in any great crisis, every word helping to define what all must know in making up their minds, has in it the vital element of eloquence for all who hear it. Austin did not study to be eloquent, but in his written Address against the Fredonians in 1827, he may now seem much less prosaic than in his Louisville Address of 1836. But in the one he was probably as deliberate as in the other. In 1827, he was in good faith a citizen of the Republic of Mexico, willing to remain so during his life, though probably looking forward five generations or five centuries to a time when of their own free will, with no coercion, all Americans in both hemispheres could live together, free on their own ground, in harmonious union as Americans. His strong element of common sense could not but show him that this was as impossible in that generation as the same common sense shows it to be in this. But in that generation, the most restless and daring men in the United States thought of themselves as the predestined “liberators” 23 24 STEPHEN FULLER AUSTIN of the hemisphere. The opportunity was too great, their time seemed too short, to allow them to be either patient or tolerant. After using what they regarded as immediate, necessary and unavoidable force in “liberating” Mexico and everything south of it, they expected immortal honors after death, and during life, an inevitable and unprecedented profit on the courage shown and the risks taken in devoting themselves to “American principles.” ’ To this courage and “chivalry,” shown by the “Fredonians,” was added a splendid ideal of philanthropy :—-a great American Indian State, filled with thriving cities, colleges, schools and libraries, such as the English nobility had approved when it had been (then lately) presented to them. Among the Cherokees, in whose minds the great wrong they had suffered east of the Mississippi was still fresh, there were then some nearly enough civilized to be possessed as patriots by the beauty of this “ideal,” but in the attempted league between the “Fredonians” and the Cherokees, its success through immediate war must have meant the usual Indian methods in war. While it could not succeed, these were at once inevitable to the attempt. Its impossible success would have meant a Mexican Texas, cut off permanently from the United States. It was not necessary, however, for Austin to consider that before issuing what may now seem his highly pitched call to arms against the Fredonian league. As it was an “ideal” of coercive, militant expansion through conquest, Austin, using his common sense, called it madness,iand its almost immediate collapse through its own insanity, justified him. As the elements of his character thus shown, appear, ‘supported strongly and not less strongly opposed, in American history and in that of Texas, it may be understood from his life and that of his father, that his work connects the present with the best habits of colonization in the Eighteenth century,——as colonization was then attempted without conquest. Moses and Stephen Austin, brothers, were “Merchants in Philadelphia,” when Franklin and his associates were still attempting to carry out their plans, matured before the Revolution, for colonizing and civilizing the West. In the closing years of the Eighteenth century, Stephen Austin (the elder) was in London, securing colonists for the West, over “the Wilderness trail” on which, in the Virginia Valley, the Austin lead mines were being developed. Through Tennessee, Kentucky and Missouri, the “Wilderness trail” of future civilization led to Texas, which now is the monument and the all-sufficient eulogy of Stephen Fuller Austin. To understand the qualities which made his success in spite of everything in his own nature and in human nature in constant conflict with them, it is only necessary to study those common every-day virtues which, as they prevail, always prophecy, if they do not immediately demonstrate, the realities of civiliza- tion as a quality of human nature'itself. (See Biographical Data, and Index, Austin.) STEPHEN FULLER AUSTIN ADDRESS AGAINST THE FREDONIA INSURGENTS (Issued by Handbill in Reply to the Fredonia Address “To the Inhabitants of Austin’s Colony.” Dated San Felipe de Austin,.January 22, 1827) T o the Inhabitants of the Colony:— THE persons who were sent out from this colony by the Political Chief and Military Commander to offer peace to the Nacogdoches mad- men, have returned—returned without having effected anything. The olive branch of peace that was magnanimously held out to them, has been insultingly refused, and that party have denounced massacre and desola- tion on this colony. They are trying to excite all the Northern Indians to murder and plunder and it appears as though they have no other object than to ruin this country. They are no longer Americans for they have forfeited all title to that high name by their unnatural and bloody alliance with Indians. They openly threaten us with Indian massacre and plunder of our property. Ought we to hesitate at such a moment? Shall we hesitate to take up arms against them because they were our countrymen? No !- They are our countrymen no longer. They have by a solemn treaty united and identified themselves with Indians, and pledged their faith to carry on a war of murder and plunder against the principal inhabitants of Texas. They are worse, than the natives of the forest with whom they are allied, and it is our duty as men, as- Americans and as adapted Mexicans to prove to those infatuated criminals and to the world that we have not forgotten the land of our birth, nor the principles of honor and patriotism we inherited from our fathers, and that we are not to be dictated to and drawn into crime and anarchy by a handful] of desperate renegades. The Civil and Military Chief of Texas, accompanied by a chosen band of National troops, marches with us, who in union with the brave and patriotic militia of this Colony, will be fully able to crush in its infancy this mad and unnatural rebellion. To arms, Fellow Countrymen! To arms in the cause of liberty, of virtue and justice. To arms in defense of your adopted government, and hurl back'the thunder upon the heads. of these base and degraded apostates from the name of Americans, who have dared to invite you by a threatening invitation to join their mad and criminal schemes. Every man able to bear arms is now wanted. Temporary inconvenience and loss must and ought to yield to necessity and duty. You will receive the pay allowed by law to National troops of the same class, and the Commander will see that it is punctually discharged as soon as possible. The people of this Colony after a full understanding of the pretended cause of complaint on the part of the rebels, as well as of the mild and ,l l 1 A;(m*.‘m;\“ ..,.e‘~.~x~.w ~ :Finrzié'; v:- : 37M . .WWK‘WW‘WWW‘“ 26' ' STEPHEN FULLER AUSTIN magnanimous course of the Governor in offering them a full and unre- served amnesty and an impartial and public investigation of their alleged grievances, have unanimously and voluntarily pledged themselves, in writ- ing, to the Government, to oppose the factionists by force of arms. You are bound in honor to redeem this sacred pledge. To arms, then, my Friends and Fellow Citizens, and hasten to the standard of our country! Hasten to the protection of your property and your families and all that you hold dear and sacred upon earth! The approbation of every 'honest and honorable man; of your native country; of your adopted Government; of a just and omnipotent God, and the consciousness that you will have done your duty and saved yourselves will be your reward. The first hundred men, who were called out, will march on the 26th instant. I now call on you to turn out en masse and join us on the road to Nacogdoches as soon as possible. The necessary orders for mustering and other purposes will be issued by the commanding officers. -—Complete. Text of Foote’s Texas and Texans, I84I. ~ ADDRESS AFTER HIS RELEASE FROM JAIL IN MEXICO (Delivered at a Dinner in His Honor, Brazoria, September 8, 1835) I CANNOT refrain from returning my unfeigned thanks for the flattering sentiments with which I have just been honored, nor have I words, to express my satisfaction on returning to this, my more than native country, and meeting so many of my friends and companions in its settle- ment. v I left Texas in April, 1833, as the public agent of the people, for the purpose of applying for the admission of this country into the Mexican confederation as a State, separate from Coahuila. This application was based upon the constitutional and vested rights of Texas, and was sus- tained by me in the City of Mexico to the utmost of my abilities. No honorable means were spared to effect the objects of my mission, and to oppose the forming of Texas into a territory which was attempted. I rigidly adhered to the instructions and wishes of my constituents, so far as they were communicated to me. My efforts to serve Texas involved me in the labyrinth of Mexican politics. I was arrested, and have suffered a long persecution and imprisonment. I consider it to be my duty to give an account of these events to my constituents, and will therefore at this time merely observe that I have never, in any manner, agreed to anything, or admitted anything, that would compromise the constitutional or vested rights of Texas. These rights belong to the people, and can only be surrendered by them. .é sang ,aa.,~.«_rwu,,sguavsscwisg‘cwx. STEPHEN FULLER AUSTIN 29 It is also proper for me to state that in all my conversation with the President and ministers and men of influence, I advised that no troops should be sent to Texas, nor cruisers along the coast. I gave it as my decided opinion that the inevitable consequence of sending an armed force to this country would be war. I stated that there was a sound and correct moral principle in the people of Texas that was abundantly sufficient to restrain or put down all turbulent or seditious movements, but that this moral principle could not, and would not, unite with any armed force sent against this country. On the contrary, it would resist and repel it, and ought to do so. This point presents another strong reason why the people of Texas should meet in General/Consultation. This country is now an anarchy, threatened with hostilities. Armed vessels are capturing everything they can catch on the coast and acts of piracy are said to be committed under cover of the Mexican flag. Can this state of things exist without precipitating the/country into a war? I think it cannot, and therefore believe that it is our bounden and solemn duty as Mexicans, and as Texans, to represent the evils that are likely to result from this mistaken and most impolitic policy in the military movements. My friends, I can truly say that no one has been, or is now, more anxious than myself to keep trouble away from this country. No one has been, or now is, more faithful to his duty as a Mexican citizen, and no one has personally sacrificed or suffered more in the discharge of this duty. I have uniformly been opposed to having anything to do with the family political quarrels of the Mexicans. Texas needs peace and a local gavernment. Its inhabitants are farmers and they need a calm and quiet life. But how can I, or anyone, remain indifferent when our rights, our all, appear to be in jeopardy, and when it is our duty, as well as our obligation as good Mexican citizens, to express our opinions on the present state of things and to represent our situation to the government? It is impossible. The crisis is such as to bring it home to the judgment of every man that something must be done, and that without delay. The question will perhaps be asked, what are we to do? I have already indicated my opinion. Let all personalities or divisions or~.excitements or passion or violence, be banished from among us. Let a General Consulta~ tion of the people of Texas be convened as speedily as possible, to be com— posed of the best and most calm and intelligent and firm men in the country, and let them decide what representations ought to be madeto the general government, and what ought to be done in future. ' With these explanatory remarks I will give as a‘ toast: The constitu— tional rights and the security and peace of Texas,——-they ought to be maintained; and jeopardized as they now are, they demand a General Consultation of the people. ~Complete. Text of Foote’s Texasand the Texans, I841. 2 1‘; 3.2L. 2—; 30 " STEPHEN FULLER AUSTIN APPEAL FOR THE LIBERATION OF TEXAS (Delivered, March 7, 1836, in the Second Presbyterian Church, Louisville, as Commissioner for Texas to the United States) T IS with the most unfeigned and heartful gratitude that I appear before this enlightened audience, to thank the citizens of Louisville, as I do .in the name of the people of Texas, for the kind and generous sympathy they have manifested in favor of the course of that struggling country; and to make a plain statement of facts explanatory of the contest in which Texas is engaged with the Mexican government. _ The public has been informed, through the medium of the newspapers, that war exists between the people of Texas and the present government 'of Mexico. There are, however, many circumstances connected with this contest, its origin, its principles and objects which, perhaps, are nOt so generally known, and are indispensable to a full and 'proper elucidation of this subject. When a people consider themselves compelled by circumstances or by oppression, to appeal to arms and resort to their natural rights, they necessarily submit their cause to thegreat tribunal of public opinion. The people of Texas, confident in the justice of their cause, fearlessly and cheerfully appeal to this tribunal. In doing this, the first step is to show, as I trust I shall be able to do by a succinct statement of facts, that our cause is just, and is the cause of light and liberty :——the same holy cause for which our forefathers fought and bled :——the same that has an advo— cate in the bosom of every freeman, no matter in what country, or by what people it may be contended for. But a few years back, Texas was a wilderness, the home of the uncivilized and wandering Comanche and other tribes of Indians who waged a constant and ruinous warfare against the Spanish settlements. These settlements at that time were limited to the small towns of Bexar, commonly called San Antonio, and Goliad, situated on the western limits. The incursions of the Indians also extended beyond the Rio Bravo del , Norte, and desolated that part of the country. In order to restrain these savages and bring them into subjection, the Government opened Texas for settlement. Foreign emigrants were invited and called to that country. American enterprise accepted the invitation and promptly responded to the call. The first colony of Americans or foreigners ever settled in Texas was by myself. It was commenced in 1821 under a permission to my father, Moses Austin, from the Spanish government previous to the Independence of Mexico, and has succeeded by surmounting those difficulties and dangers incident to all new and wilderness countries, infested with hostile Indians. These difficulties were STEPHEN FULLER AUSTIN 3I many and at times appalling, and can only be appreciated by the hardy pioneers of this Western country, who have passed through similar scenes. - The question here naturally occurs, what inducements, what prospects, what hopes could have stimulated us, the pioneers and settlers, to remove from the midst of civilized society, to expatriate ourselves from this land of liberty, from this our native country, endeared to us as it was and still is and ever will be, by the ties of nativity, the reminiscences of childhood and youth and local attachments, of friendship and relationship? Can it for a moment be supposed that we severed all these ties,——the ties of nature and of education,—and went to Texas to grapple with the wilderness and with savage foes, merely from a spirit of wild and visionary adventure, without guarantees of protection for our persons and property and political rights? N o, it cannot be believed! No American, no Englishman, no one of any nation who has a knowledge of the people of the United States or of the prominent characteristics of the Anglo- Saxon race to which we belong—a race that in all ages and in all countries Wherever it has appeared has been marked for a jealous and tenacious watchfulness of its liberties, and for a cautious and calculating view of the probable events of the future—no one, who has a knowledge of this race, can or will believe that we removed to Texas without such guarantees, as free-born and enterprising men naturally expect and require. The fact is, we had such guarantees; for, in the first place, the Govern- ment bound itself to protect us by the mere act of admitting us as citizens, on the general and long established principle, even in the dark ages, that protection and allegiance are reciprocal,-—a principle which in this enlight- ened age has been extended much further; for its received interpretation now is that the object of government is the well-being, security and happi- ness of the governed, and that allegiance ceases whenever it is clear, evi- ' dent, and palpable that this object is in no respect effected. But besides this general guarantee, we had others of a special, definite, and positive character. The colonization laws of 1823, 1824 and 1825, inviting emigrants generally to that country, specially guaranteed protec- tion for person and property and the rights of citizenship. When the federal system and Constitution were adopted in 1824, and the former provinces became States, Texas, by her representative in the Constitutional Congress, exercised‘the right which was claimed and exer- cised by all the provinces, of retaining within her own control, the rights and poWers which appertained to her as one of the unities or distinct societies, which were confederated together to form the Federal Republic of Mexico. But not possessing, at that time, sufficient population to become a State by herself, she was with her own consent, united pro- visiOnally with Coahuila, a' neighboring province or society, to form the State of Coahuila and Texas, “until Texas possessed the necessary elements 0, 1 y , 1 1;, l I' '11} '2 . VA ”4.4. n.- w a.“ 1'54“,“ 2‘. h 114' 3 x», 5. A J» ".l‘gr' ‘ t;.~‘=s~> g 32 STEPHEN FULLER AUSTIN to prove a separate State of herself.” I quote the words of the Con-. stitutional or organic act passed by the Constituent Congress of Mexico on the 7th of May, 1824, which establishes the State of Coahuila and Texas. This law, and the principles on which the Mexican federal com— pact was formed, gave to Texas a specific political existence, and vested in her inhabitants the special and well defined rights of self-government as a State of the Mexican confederation as soon as she “possessed the neces- sary elements.” Texas consented to the provisional union with Coahuila on the faith of this guaranty. Itwas therefore a solemn compact, which neither the State of Coahuila and Texas nor the general government of Mexico can change without the consent of the people of Texas. In 1833, the people of Texas, after a full examination of their popula» tion and resources and of the law and constitution, decided, in a general convention elected for that purpose, that the period had arrived, con~ templated by said law and compact of 7th of May, 1824, and that the country possessed the necessary elements to form a State separate from Coahuila. A respectful and humble petition was accordingly drawn up by this Convention, addressed to the general Congress of Mexico praying for the admission of Texas into the Mexican confederation as a State. I had the honor of being appointed by the Convention the Commissioner or Agent of Texas to take this petition to the City of Mexico and present it ‘ to the Government. I discharged this duty to the best of my feeble abili- ties, and, as I believed, in a respectful manner. Many months passed and nothing was done with the petition, except to refer it to‘a committee of Congress, where it slept and was likely to sleep. I finally urged the just and constitutional claims of Texas to become a State in the most press- ing manner, as I believed it to be my duty to do; representing also the necessity and good policy of this measure, owing to the almost total want of local good [government ?] of any kind, the absolute want of a judiciary, the evident impossibility of being governed any longer by Coahuila (for three—fourths of the Legislature were from there) and the consequent anarchy and discontent that existed in Texas. It was my misfortune to offend the high authorities of the nation. My frank and honest exposition of the truth was construed into threats. ' At this time, September and October, 1833, a revolution was raging in many parts of the nation, and especially in the vicinity of the City of Mexico. I despaired of obtaining anything, and wrote to Texas, recom- mending to the people there to. organize as a State, de facto, without wait- ing any longer. This letter might have been imprudent, as respects the injury it might do me personally, but how far it was criminal or treason- able, considering the revolutionary state of the whole nation, and the peculiar claims and necessities of Texas, impartial men must decide. It merely expressed an opinion. This letter found its way from San Antonio de Bexar (where it was directed) to the government. I was arrested at STEPHEN FULLER AUSTIN 33 Saltillo, two hundred leagues from Mexico, on my way home, taken back to that city, and imprisoned one year,——-three months of the time in solitary confinement,—-—without books or writing materials,—in a dark dungeon of the former Inquisition prison. At the close of the year I was released from confinement, but detained six months in the city on heavy bail. It was nine monthsafter my arrest before I was officially informed of the charges against me, or furnished with a copy of them. My constitutional rights as a citizen were violated, the people of Texas were outraged by this treatment of their Commissibner, and their respectful, humble and just petition was disregarded. These acts of the Mexican government, taken in consideration with many others and with the general revolutionary situation of the interior of the republic, and the absolute want of local government in Texas, would have justified the people of Texas in organizing themselves as a State of the Mexican confederation and, if attacked for so doing, in sep— arating from Mexico. They would have been justifiable in doing this, because such acts were unjust, ruinous and oppressive, and because self- preservation required a local government in Texas suited to the situation and necessities of the country and the character of the inhabitants. Our forefathers in ’Seventy-six flew to arms for much less. They resisted a principle, “the theory of oppression,” but in our case it was the reality. It was a denial of justice and our guaranteed rights. It was oppression itself. Texas, however, even under these aggravated circumstances, forbore and remained quiet. The Constitution, although outraged by the sport of faction and revolution, still existed in name, and the people of Texas still looked to it with the hope that it would be sustained and executed, and the ‘ vested rights of Texas respected. I will now proceed to show how this hope ‘1} was defeated by the total prostration of the Constitution, the destruction of the federal system, and the dissolution of the federal compact. his well known that Mexico has been in constant revolutions and con- fusion, with only a few short intervals, ever since its separation from Spain in I821. This unfortunate state of things has been produced by the efforts of the ecclesiastical and aristocratical party to oppose republicanism, over- turn the federal system and Constitution, and establish a. monarchy or a consolidated government of some kind. In 1834, the President of the Republic, General Santa Anna, who here- tofore was the leader and champion of the Republican party and system, became the head and leader of his former antagonists—the aristocratic and church party. With this accession and strength, this party triumphed. The constitutional general Congress of 1834, which was decidedly republican _ and federal, was dissolved in May of that year by a military order of the ‘33 *7 h ‘s‘ - r ‘ ‘ ' - ' " “ -; - V‘M’LI‘: 9‘”: - 3:15: «ff-3:171?“ It {65 President before its constitutional term had expired. The Council of no Edi Government composed of half the Senate which, agreeably to the Consti- at 5% u -—3-—'Juue 23. l‘i ... 1%." i 34 STEPHEN FULLER AUSTIN i % tution, ought to have been installed the day after closing the session" of 3 Congress, was also dissolved; and a new revolutionary and unconstitu— tional Congress was convened by another military 'order of the President. This Congress met on the Ist of January, 1835. It Was decidedly aristo- cratic, ecclesiastical and central in its politics. A number of petitions were presented to it from several towns and villages praying that it would change the federal form of government and establish a central form. ‘These peti- . tions were all of a revolutionary character, and were called “Pronuncia- ‘ mientos,” or pronouncements for centralism. They were formedby'partial ‘ and revolutionary meetings gotten up by the military and priests. Petitions in favor of the federal system’and Constitution, and protests‘against such , revOlutionary measures, were also sent in by the people and by some of the 5 State Legislatures,» who still retained firmness enough to express their Q! opinions. The latter were disregarded and their authors persecuted and ' imprisoned. The former were considered sufficient to invest Congress with plenary powers. Accordingly, by a decree, it deposed the constitutional Vice-President, Gomez Farias, who was a leading "Federalist, without any impeachment or trial, or even the form of a trial, and elected another of their own party, General Barragan, in his place. By another decree,‘it united the Senate with the House of Representatives in'one chamber, and thus constituted, it declared itself invested with full powers as a national convention. In accordance with these usurped powers, it proceeded to l annul the Federal Constitution and system, and to establish a central or r consolidated government. How far it has progressed in the details of’ this new system it is unknown to us. The decree of the 3rd of OctOber last, which fixes the outlines of the new government, is however sufficient to show that the federal system and compact is dissolved and centralism estab- lished. The States are converted into departments. This decree is as follows as translated: ‘ (Decree of the 3d October, I835) ‘ “Office of the First Secretary of State, Interior Department. “His Excellency the President pro'tem. of the Mexican United States to, the inhabitants of the Republic. Know ye, that the General Congress has decreed the following: ’ “Art. I. The present Governors of the States shall continue, notWithstand- ing the time fixed by the Constitution may have expired; but shall be dependent ,e for their continuance in the exercise of their attributes upon the supreme govern- ment of the nation. . “Art. 2. The Legislatures shall immediately cease to exercise their legis- lative functions; but before dissolving (and those which may be in recess, meeting for the purpose) they shall appoint a departmentcouncil, composed for the present of five individuals, chosen either within or without their own body, to act as council to the governor; and in case of a vacancy in, that office, they l E I 3f 1 or thii lfliiv STEPHEN FULLER AUSTIN 35 shall propose to the supreme general government three persons, possessing the qualifications hitherto requiredjand until an appointment be made, the guberna— torial powers shall be exercised by the first on the list, who is not an ecclesiastic. “Art. 3. In those States where the Legislature cannot be assembled within eight days, the ayuntamiento [municipal government] of the capital shall act in its place, only for the purpose of electing the five individuals of the depart- ment council. “Art. 4. All the judges and tribunals of the States and the administration of justice, shall continue as hitherto, until the organic law relative to this branch be formed. The responsibilities of the functionaries which could only be investi- gated before Congress, shall be referred to and concluded before the supreme court of the nation. “Art. 5. All the subaltern officers of the State shall also continue for the present, (the places which are vacant, or which may be vacated, not to be filled) but they, as well as the offices, revenues and branches under their charge, remain subject to and at the disposal of the supreme government of the nation, by means of their respective governors.” City of Mexico, Oct. 3d, 1835. MIGUEL BARRAGAN, President, pro tem. Manuel Dias de Bonilla, Secretary of State. For the information of those who are not acquainted with the organi- zation of the Mexican Republic under the federal system and Constitution of 1824, it may be necessary to state that this Constitution is copied, as to its general principles, from that of the United States. The general Con- gress had the same organization and was elected in the same manner. A Senate is elected by the State Legislatures for four years, and a House of Representatives elected by the people for two years. A President and Vice President are elected for four years and are removable only by impeach- ment and trial. The mode of amending the constitution was clearly fixed. The powers of the States were the same in substance as the States of the United States, and in some instances greater. During the recess of' Con- gress, half the Senate formed the Council of Government. By keeping these facts in view, and then supposing the case that the President and Congress of these United States were to do what the Presi- dent and Congress of Mexico have done, and that one of the States was to resist and insist on sustaining the Federal Constitution and State rights, and a parallel case would be presented of the present contest between Texas and the revolutionary government of Mexico. In further elucidation of this subject, I will present an extract from a report made by me to the provisional government of Texas on the 30th of November last, communicating the said decree of 3d October. “That every people have the-right to change their government, is unquestionable; but it is equally certain and true, that this change to be morally or politically obligatory, must be effected by the free expression 36 STEPHEN FULLER AUSTIN of the community, and by legal and constitutional means; for otherwise, the stability of governments and the rights of the people would be at the mercy of the fortunate revolutionists of violence or faction. “Admitting, therefore, that a central and despotic, or strong govern- ment, is best adapted to the education and habits of a portion of the Mexi- I can people, and that they wish it, this does not, and cannot, give to them the right to dictate, by unconstitutional means and force, to the other portion who have equal rights and differ in opinion. “Had the change been effectedby constitutional means, or had a national convention been convened, and every member of the confederacy been fairly represented, and a majority agreed to the change, it would have placed the matter on different ground; but, even then, it would be mon- strous to admit the principle that a majority have the right to destroy the minority, for the reason, that self-preservation is superior to all political obligations. That such a government as is contemplated by the before- mentioned decree of the 3d of October, would destroy the people of Texas, must be evident to all, when they consider its geographical situation, so , remote from the contemplated centre of legislation and power, populated as it is, by a people who are so different in education, habits, customs, language, and local wants from all the rest of the nation; and especially when a portion of the Central Party have manifested violent religious and other prejudices and jealousies against them. But no national conVention was convened, and the Constitution has been, and now is, violated and disregarded. The constitutional authorities of Coahuila and Texas solemnly protested against the change of government, for which act they were driven by military force from office and imprisoned. The people of Texas protested against it, as they had a right to do, for which they have been declared rebels by the government of Mexico. “However necessary, then, the basis established by the Decree of the 3d of October may be to prevent civil war and anarchy in other parts of Mexico, it is attempted to be effected by force and unconstitutional means. However beneficial it may be to some parts of Mexico, it would be ruinous to Texas. This view presents the whole subject to the peOple. If they submit to a forcible and unconstitutional destruction of the social compact, which they have sworn to support, they violate their oaths. If they submit to be tamely destroyed, they disregard their duty to themselves, and vio- late the first law which God stamped upon the hearts of men, civilized or savage,—-—which is the law, or the right, of self-preservation. “The decree of the 3d October, therefore, if carried into effect, evi- dently leaves no remedy for Texas but resistance, secession from Mexico, and a direct resort to natural rights.” These revolutionary measures of the party who had usurped the govern- ment in Mexico, were resisted by the people in the States of Pueblo, Oaxaca, Mexico, Jalisco, and‘other parts of the nation. The State of \ t5} gins: ‘vaa- :-:~><‘:x'— : A (8*:~ , _: a m“:.; he: STEPHEN FULLER AUSTIN 37 Zacatecas took up arms, but its efforts were crushed by an army headed by the President, General Santa Anna, in person, and the'people of that State were disarmed and subjected to a military government. In October last, a military force was sent to Texas under General Cos for the purpose of enforcing these unconstitutional and revolutionary measures, as had been done in Zacatecas and other parts of the nation. This act roused the people of Texas and the war commenced. Without exhausting patience by a detail of numerous other vexatious circumstances and violations of our rights, I trust that what I have said on this point is sufficient to show that the federal social compact of Mexico is dissolved; that we have just and sufficient cause to take up arms against the revolutionary government which has been established; that we have forborne until the cup was full to overflowing; and that further forbear- ance or submission on our part would have been both ruinous and degrad— ing; and that it was due to the great cause of liberty, to ourselves, to our posterity, and to the free blood which, I am proud to say, fills our veins, to insist and proclaim war against such acts of usurpation and oppression. The justice of our cause being clearly shown, the most important ques- tion that naturally presents itself to the intelligent and inquiring mind is: What are the objects and intentions of the people of Texas? To this we reply that our object is, freedom—civil and religious free- dom—emancipation from that government and that people who, after fifteen years’ experiment since they have been separated from Spain, have shown that they were incapable of self-government, and that all hopes of anything like stability or rational liberty in their political institutions,—-at least for many years,—are vain and fallacious. This object we expect to obtain by a total separation from Mexico as an independent community—a new republic—or by becoming a State of the United States. Texas would have been satisfied to have been a State of the Mexican Confederation, and she made every constitutional effort in her power to become one. But that is no longer practicable, for that con- federation no longer exists. One of the two alternatives above-mentioned therefore, is the only recourse which the revolutionary government of Mexico has left her. Either will secure the liberties and prosperity of Texas, for either will secure to us the right of self-government over a coun- try which we have redeemed from the wilderness, and: conquered without . any aid or prOtection whatever from the Mexican government (for we never received any) and which is clearly ours,—-ours by every principle by which original titles to countries are, and ever have been, founded. We have explored and pioneered it, developed its resources, made it known to the world, and given to it a high and rapidly increasing value. The Federal Republic of Mexico had a constitutional right to participate generally in this value, but it had not, and cannot have any other; and this one has evidently been forfeited and destroyed by unconstitutional acts and usur- 38 STEPHEN FULLER AUSTIN pation, and by the total dissolution of the social compact. Consequently, the true and legal. owners of Texas, the only legitimate sovereigns of that country, are the people of Texas. ‘ It is also asked, what is the present situation of Texas, and what are our resources to effect our objects and defend our rights? The present position of Texas is an absolute Declaration of Independ— ence—a total separation from Mexico. This declaration was made on the 7th of November last. It is as follows: “Whereas, Gen. Antonio Lopez de Santa Anna, and other military Chieftains, have by force of arms, overthrown the federal institutions of Mexico, and dis- solved the social compact which existed between Texas and the other members of the Mexican Confederacy, now the good people of Texas, availing themselves of their natural rights, SOLEMNLY DECLARE, “Ist. That they have taken up arms in defense of their rights and liberties, which were threatened by encroachments of military despots, and in defense of the republican principles of the federal constitution of Mexico of 1824. “2d. That Texas is no longer morally or civilly bound by the compact of Union; yet stimulated by the generosity and sympathy common to a free people, they offer their support and assistance to such of the members of the Mexican Confederacy, as will take up arms against military despotism. “3d. That they do not acknowledge that the present authorities of the nominal Mexican Republic have the right to govern within the limits of Texas. “4th. That they will not cease to carry on war against the said authorities, whilst their troops are within the limits of Texas. “5th. That they hold it to be their right, during the disorganization of the federal system and the reign of despotism, to withdraw from the Union, and to establish an independent government, or to adopt such measures as they may deem best calculated to protect their rights and liberties; but they» will continue faithful to the Mexican government, so long as that nation is governed by the Constitution and laws that were framed for the government of the political association. “6th. That Texas is responsible for the expenses of her armies, now in the field. “7th. That the public faith of Texas is pledged for the payment of any ‘ debts contracted by her agents. “8th. That she will reward by donations in land all who volunteer their services in her present struggle, and receivethem as citizens. » “These declarations we solemnly avow to the world, and call God to witness their truth and sincerity and invoke defeat and disgrace upon our heads, should we prove guilty of duplicity.” It is worthy of particular attention that this Declaration affords another and an unanswerable proof of the forbearance of the Texans and of their firm adherence, even to the last moment, to the Constitution which they had sworn to support, and to their political obligations as Mexican citizens. For, although at this very time the Federal system and Constitution of 1824 had been overturned and trampled under foot by military usurpation I855 her Mr W 3115‘ I of ‘people who were induced to remove to Texas by certain promises and ' STEPHEN FULLER AUSTIN 39 in all other parts of the republic, and although our country was actually invaded by the usurpers for the purpose of subjecting us to the military rule, the people of Texas still said to the Mexican nation: “Restore the Federal Constitution and govern in conformity to the social compact which we are all bound by our oaths to sustain, and we will continue to be a mem- ber of the Mexican Confederation.” This noble and generous act, for such it certainly was under the circumstances, is of itself sufficient to repel and silence the false charges which the priests and despots of Mexico have made of the ingratitude of the Texans. In what does this ingratitude consist? I cannot see, unless it be in our enterprise and perseverance in giving value to a country that the Mexicans considered valueless, and thus exciting their jealousy and cupidity. To show more strongly the absurdity of this charge of ingratitude, etc., made by the general government of Mexico, and of the pretended claims to liberality, which they set up, for having given fortunes in land to the settlers of Texas: It must be remembered that, with the exception of the first three hundred families settled .by myself, the general government have never granted or given one foot of land in Texas. The vacant land - belonged to the State of Coahuila and Texas so long as they remained united, and to Texas so soon as she was a State separate from Coahuila. Since the adoption of the federal system in 1824, the general government has never had any power or authority whatever to grant, sell, or give any land in Texas, nor in any other State. This power was vested in the respective States. The lands of Texas have therefore been distributed by the State of Coahuila and Texas (with the exception of the three hun- dred families above mentioned), and not by the general government; and, consequently, it is truly absurd for that government to assume any credit for an act in which it had no participation; and, more especially, when it has for years past thrown every obstacle in the way to impede the progress of Texas, as is evident from the 11th article of the law of the 6th April, 1830, which absolutely prohibited the emigration to Texas of citizens of the United States; and many other acts of similar nature such as vexa- tious custom-house regulations, passports, and garrisoning the settled parts of the country, where troops were not needed to protect it from the Indians, nor from any other enemy It is therefore clear that if any credit for liberality is due, it is to the State government, and how far it is entitled to this credit, men of judgment must decide, with the knowledge of the fact that it sold the lands of Texas at from thirty to fifty dollars per square league, Mexican measure, which is four thousand four hundred and twenty-eight acres .English, and considered they were getting a high price and fullevalue for it. The true interpretation of this charge of ingratitude is as follows: The ;Mexican government have at last discovered that the enterprising 4O STEPHEN FULLER AUSTIN guarantees, have by their labors given value to Texas and its lands. An. attempt is therefore now made to take them from us and to annul all those guarantees, and we are ungrateful because we are not sufficiently “docile” to submit to this usurpation and injustice as the “docile” Mexicans have in other parts of the nation. To close this matter about ingratitude, I will ask: “If it was not ingrati- tude 1n the people of the United States to resist the “thong of oppression” and separate from England, can it be ingratitude in the people of Texas to resist oppression and usurpation by separating from Mexico? To return to the Declaration of the 7th of November last, it will be observed that it is a total separation from Mexico—an absolute Declara- tion of Independence—in the event of the destruction of the federal com- . pact or system, and the establishment of centralism. This event has taken place. The federal compact is dissolved, and a central or consolidated gov~ ernment is established. I therefore, repeat that the present position of Texas is absolute independence, a position in which we have been placed by the unconstitutional and revolutionary acts of the Mexican government. The people of Texas firmly adhered, to the last moment, to the Constitution which they and the whole nation had sworn to support. The government of Mexico has not—~the party now in power has—- overturned the constitutional government and violated their oaths. They have separated from their obligations, from their duty and from the people of Texas; and consequently, they are the true rebels. So far from being grateful, as they ought to be, to the people of Texas for having given value to that country, and for having adhered to their duty and constitu- tional obligations, the Mexicans charge us with these very acts as evidence of ingratitude. ’ Men of judgment and impartiality must decide this point and determine who has been, and now is, ungrateful. In order to make the position of Texas more clear to the world, a Convention has been called to meet the first of March, and is no doubt now in session, for the express purpose of publishing a positive and unqual— ified Declaration of Independence and organizing a permanent government. Under the Declaration of 7th November, a provincial government has been organized, compounded of an executive head or governor, a legislative council, and a judiciary. A regular army has been formed, which is now on the western frontiers prepared to repel an invasion, should one be attempted. A naval force has been fitted out which is sufficient to protect our coast. We have met the invading force that entered Texas in October under General Cos, and beaten him in every contest and skirmish, and driven every hostile soldier out of Texas. In San Antonio de Bexar, he was entrenched in strong fortifications, defended by heavy cannon and a strong force of regular troops, greatly superior to ours in number, which was of undisciplined militia, without any experienced officer. This place was besieged by the militia of Texas. The enemy was driven into his STEPHEN FULLER AUSTIN 41 works; his provisions cut off, and the spirits and energies of his soldiers worn down, with the loss of only one man to the Texans, and the place was then taken by storm. A son of Kentucky, a noble and brave spirit from this land of liberty and chivalry, led the storm. He conquered, and died as such a spirit wished to die, in the cause of liberty, and in the arms of victory. Texas weeps for her Milam. Kentucky has cause to be proud of her son. His free spirit appeals to his countrymen to embark in the holy cause of liberty for which he died, to avenge his death. I pass to an examination of the resources of Texas. We consider them sufficient to effect and sustain our independence. We have one of the finest countries in the world, a soil surpassed by none for agriculture and pasturage, not even by the fairest portions of Kentucky; a climate that may be compared to Italy, within the cotton or sugar region, intersected by navigable rivers, and bounded by the coast of the Gulf of Mexico, on which there are several fine bays and harbors suitable for all the purposes of commerce; a population of about seventy thousand, which is rapidly increasing, and is generally compounded of men of very reputable education and property, enterprising, bold and energetic, devotedly attached to liberty and their country, inured to the use of arms, and at all times ready to use them and defend their homes inch by inch if necessary. The exportations of cotton are large. Sheep, cattle and hogs are very abundant and cheap. The revenue from importations and direct taxes will be considerable and it is rapidly increasing; the vacant lands are very extensive and valuable, and may be safely relied upon as a great source of revenues and as boun- ties to emigrants. . The credit of Texas is good, as is proven by the extensive loans already negotiated. The country and army are generally well supplied with arms and ammunition, and the organized force, in February last, in the field exceeded two thousand, and is rapidly increasing. But besides these re- sources, we have one which ought not, and certainly will not, fail us. It is our cause,———the cause of light and liberty, of religious toleration and pure religion. To suppose that such a cause will fail, when defended by Anglo- Saxon blood, by Americans, and on the limits and at the very door of this free and philanthropic and magnanimous nation, would be calumny against republicanism and freedom, against a noble race, and against the philan- thropic principles of the people of the United States. I repeat, therefore, that we consider our resources sufficient to effect our independence against the Mexicans, who are disorganized and enfeebled by revolutions, and almost destitute of funds or credit. Another interesting question which naturally occurs to every one is: What great benefits and advantages are to result to philanthropy and religion, or to the people of these United States, from the emancipation of Texas? To this we reply that ours is most truly and emphatically the cause of liberty, which is the cause of phil- anthropy, of religion, of mankind; for in its train follow freedom of 42 STEPHEN FULLER AUSTIN conscience, pure morality, enterprise, the arts and sciences, all that is dear to the noble-minded and the free, all that renders life precious. On this principle the Greeks and the Poles, and all others who have struggled for liberty, have received the sympathies or aid of the people of the United States; on this principle the Liberal party in priest-ridden Spain is now receiving the aid of high-minded and free-born Englishmen; on this same principle Texas expects to receive the sympathies and aid of her brethrem, the people of the United States, and of the freemen of all nations. But the Greeks and the Poles are not parallel cases with ours. They are not the sons and daughters of Anglo-Americans. We are! We look to this happy land as to a fond mother from whose bosom we have imbibed those great principles of liberty which are now nerving us, although comparatively few in numbers and weak in resources, to contend against the whole Mexican nation in defence of our' rights. The emancipation of Texas will extend the principles of self-govern- ment over a rich and neighboring country, and open a vast field there for enterprise, wealth, and happiness, and for those who wish to escape from the frozen blasts of a northern climate by removing to a more congenial one. It will promote and accelerate the march of the present age, for it will open a door through which a bright and constant stream of light and intelligence will flow from this great northern fountain over the benighted region 'of Mexico, That nation of our continent will be regenerated; freedom of conscience and rational liberty will take foot in that distant and, by nature, much fav- ored land, in which for ages past the upas banner of the Inquisition, of intolerance, and of depotism has paralyzed and sickened and deadened every effort in favor of civil and religious liberty. But apart from these great principles of philanthropy, and narrowing down this question to the contracted limits of cold and prudent political ' calculation, a view may be taken of it, which doubtless has not escaped the penetration of the sagacious and cautious politicians of the United States. It is the great importance of Americanizing Texas, by filling it with a population from this country who will harmonize in language, in political education, in common origin, in everything, with their neighbors to the East and North. By this means Texas will become a great outwork on the West to protect the outlet of this Western world, the mouths of the Mississippi, as are Alabama and Florida on the East; and to keep far away from the Southwestern frontier—the weakest and most vulnerable in the'nation,—all enemies who might make Texas a door for invasion, or use it as a theatre from which mistaken philanthropists and wild fanatics might attempt a system of intervention in the domestic concerns of the South, which might lead to a servile war, or at least jeopardize the tran- quillity of Louisiana and the neighboring States. This view of the subject is a very important one, so much so that a i z t STEPHEN FULLER AUSTIN 43 1" bare allusion to it is sufficient to direct the mind to the various interests and results, immediate and remote, that are involved. To conclude, I have shown that our cause is just and righteous, that it is the great cause of mankind, and as such merits the approbation and moral support of this magnanimous and free people; That our object is independ- ence as a new Republic, or to become a State of these United States; that our resources are sufficient to sustain the principles we are defending; that the results will be the promotion of the great cause of liberty, of philanthropy and religion, and the protection of a great and important interest to the people of the United States. l5! With these claims to the approbation and moral support of the free of 1;; all nations, the people of Texas have taken up arms in self— defence, and they submit their cause to the judgment of an impartial world, and to ll»; the protection of a just and omnipotent God. l —-Complete from the pamphlet copy of I836, printed by J. Clarke (‘5’ C0,, Lex- 2g ington, Ky. Collections of the St. Louis Mercantile Library. . 'l >31 l he on ’ he at 11c ; or 3’ ics :he i ml, at ' J‘~\ «3‘ (4 \‘x CHARLES McTYEIRE BISHOP, D.D., LL. D. (President, Southwestern University, 1911—) s IT IS a bold saying that “we all think alike as far as we think at all.” Whether we accept it or not, we may consider it, in attempt- ing to think after Doctor Bishoplwhile he defines man as a being born to think and hence by nature, a religious being. If it be true that we are on earth only that we may learn to think, and that we do not really “come to life” except as we do think, and so become “reasonable,” then we may go far before finding again such help in living as is offered by Doctor Bishop and Doctor Brooks, speaking on the same day from the same Texas platform. Since 1913, when these addresses were made, we have had full opportunity to realize the need for thought. Nothing more can be said here in that connection, when the only purpose of these introductions is to suggest the connection which belongs to comprehensiveness in the work as a whole. With that purpose in view, it need only be added that the logical and close connection of these defini- tions of “Man as a Religious Being” is with the thought of the highest minds in the history of the race since the beginning of literature. (See Biographical Data, Bishop; refer to Brooks, following.) ‘ MAN AS A RELIGIOUS BEING (From an Address to the Texas State Teachers’ Association, Dallas, November 28, 1913) FROM the standpoint of the scientist it is universally agreed that religion is an essential element in human life. We not only know this because of the repeated investigations which have proven to us that all people have the religious emotion, the religious inclination, but we have estab- lished it in more recent days by our investigations into the psychology of child life, and have all of us reached the conclusion that every little human born into this world is constituted in its essential nature and in essential relation to the rest of the world in such a way that we cannot describe it truly and completely without calling it a religious being. The truth of it is that religion fundamentally—and I do not apologize for speak- ing before this company in plain figures concerning the fundamental ques- tions involved—religion fundamentally is the consciousness of the relation of this human personality to all the big outside, to the great totality oi 44 an ion W“ [in CHARLES M'TYEIRE BISHOP, D.D., LL.D. 45 things apart from the person. You come into this world not only a think- ing being. At any rate, your first conscious experiences involve that you should not only be a thinking being, but also one who feels, and one who wills, and one who acts, and you think and feel and will and act in relation to a world of matter and force, a world under the dominion of laws, as we understand, and the great fundamental question of life is this relation of the little individuality to that which is outside—men, women, things, worlds, forces, and the author of forces and worlds, and the giver of life to men and women, if there be such, and the very perception of this personal rela- tion to the universe outside is itself the fundamental essence of religion. Now, when we go forth into our life, in the processes of training for life under the direction of those who are appointed for our guidance and leadership, we undertake to observe with the thinking mind this world that is about us, to gather together all the facts which have been discovered through the ages, and compare them, and classify them, and understand them, if we may; apprehend the laws, the great uniformities, that run through the facts and control the relation of the facts. Experimenting thus with the material world and the world of affairs about us, we come at last to the acquisition of what men call science-natural science, physi- cal science. Or we look abroad at the other human beings around us in such multitudes, and the relations, first between self and these others, and then between each of the others and all the rest, and observing those facts, and classifying them, and studying the laws that seem to control, we come at last to social science, to sociology. Or we turn our investigation inwardly, if we may, and investigate this personality itself, the facts which we may discover concerning it, and the laws which control there, and come at last to the science, if we may yet call it a science, of psychology. And then at last in our advances through these investigations, by thinking we ' take all our sciences, and correlate them, and co—ordinate them, and reflect upon them, and utter things concerning them that we call philosophy. And so we have been educated through this thinking faculty until we have come into possession of the facts of physical science, and social science, and the science of man himself—psychology. And yet this does not completely express our relation to the big world and all the worlds, for we are more than thinking beings. We feel. We will. In response to that will, and as a consequence of that will, we act on this outside world, which reacts upon us. What has our science done for us, or our philosophy? It has not accounted sufficiently for that world to which we are related through feeling, and through willing, and through acting. Conduct is the sum of life, and we have not laid a sufliciently broad foundation to enable us, at last, to determine what conduct must be and what conduct means in its ultimate consequences, and the truth of it is that the oldimpulse of religion still remains. We wonder. We stand appalled. We are conscious of ignorance. We are not yet free from a fear, a doubt, a mystery, concerning the great world, the great sum 46 CHARLES M’TYEIRE BISHOP, D.D., ‘LL.D. total of things. Our science has not come to the end, nor has our phi1030phy satisfied ourselves with reference to that which lies beyond science. All the achievements of our intellectual endeavor are circumscribed by a circle that runs around these limited diameters, physical science, and social science, and psychological science, and philosophy; and all that is essen- tially religious in man, his attitude of wonder toward the universe, of questioning, that element in him that makes him either fear or trust, that 2 ,1 makes him either love or hate, that makes him either approve or condemn , the rest of the universe in which he lives, still remains unsatisfied, undi- :. , rected so far by our science. So there is a vast field left yet to explore, "f and here are all these departments, all these relationships, I should say, ‘1 of feeling, and willing, and acting, that are still unaccounted for by . 2. L science. 2 . Now then, religion comes, and not as a thing that is a mere incident 2 to life, nor a department, one of life’s many interests, but religion proposes 1‘25 a scheme of life, a theory of life, that conceives man as related in all 1.. these various ways to a universe, and it proposes to satisfy the demands ‘ of his personal being as a thinking, feeling, willing, acting personality, by i, proposing to him that the universe in which he lives is itself personal. ' Religion is not science. It is not philosophy. Religion is an answer to 2 the personal questionings of mankind, and it declares, as I said, that the 1:1 universe itself is’personal, the material universe being but the expression E? of thought of a personality back of it all, answering to that personality in some sort of way after the analogy of the body in its relationlto this inner human personality. And the Christian religion goes further than that, and says that some things are clear with reference to this View of the universe itself as personal. 'It is that the personality which expresses itself through the material universe is One, some of whose faculties and some of whose 25 qualities our own qualities answer to; that too as a Being who thinks,a Being who feels, a Being who wills, a Being Who acts; and man’s place 1n the universe is not that simply of one groping about 1n the darkness 1n his ‘i 1 little insect-like sphere, measuring off the distance which its short feet .2 may travel. But it is the relationof a Soul to a Soul. It is a relation that intelligence may light up, a' relation in which feeling responds to feeling; a relation in which will has its great inspiration; a relation in 91 which action and conduct find their great inspiration'in the conduct of the great Personality back of the great world. . . . . Religion is also necessary in order to the establishment of that high I idealism and the maintenance of those lofty ideals that characterize the worthiest human life, and that make human progress possible; that make society possible, and make individual growth and perfeCtion at last possible. I cannot dwell upon this except to say that it is the Christian nations,—I use this illustratively as an argument,—-—it is the Christian nations out of which come men and women who are willing to give themselves to heroic service for their fellows. It is the Christian nations which produce men CHARLES M'TYEIRE BISHOP, D.D., LL.D. 47 who rank manhood above money. It is the Christian nations that utter their voices in the cry for peace that is going around the world. It is the Christian nations, and they alone, who have the power or who have the impulse to take into their hands this great question which my honored friend (President Brooks) discussed here so eloquently this morning of World-Peace. Nobody but those who have been under the influence of this highest order of religion could even think of peace as possible, or give themselves heroically to its service. I am very grateful for the fact that in this nation of ours, which we rejoice to call a Christian nation, such high ideals do more or less obtain. I believe it is a Christian ideal, an ideal which religion has inspired, which is bringing it to pass in these days,—which has made it possible in these days,—for a great Nation like our own to resist the temptation to conquer Mexico and make it a part of our territory. (Applause.) Last Thursday, I participated in a Thanks- giving service in another city in this state, and in one of the prayers that was offered there was an earnest and prolonged petition for Mexico, and I. thought while my friend was offering the prayer, that it was probably true that in America on that day there were ten thousand congregations of people praying for Mexico, and I do not know that it was ever before true in this world that when two nations were supposed to be on the verge of war the great nation could give itself to prayer for the small nation. (Applause.) I happened to be in London, England, when England was prosecuting that war, of which some of her statesmen are still ashamed, in South Africa, and I went to a noonday service at Westminster Abbey, a service appointed especially for prayer for the soldiers in South Africa—— the English soldiers in South Africa—and the schedule of the service was printed on a slip of paper which was handed out to us all, songs and prayer, and in the 'midst of it there was a brief address by one of the canons of the cathedral, and from beginning to end, so far as I remember or know, there was not a word or a syllable or a hint that God Almighty cared about or thought about the Boers for one instant. So far have we advanced in these dozen years or more, so far has religion asserted itself in the lives and minds of our people, that it at any rate is true in America, as suggested a moment ago, that we know how to pray for Mexico, and that is idealism that the rest of the world is almost ready to sneer at, but it is along the lines which shall at last reach universal peace. Now, I shall not detain you longer, for I fear my time is already exhausted. As I said in the beginning, I was not undertaking to establish a place in the curriculum for religious teaching, but I. do believe, in harmony with the deepest instincts of all your souls, in harmony with the highest ideals that have ever come to the minds of men, that every human being should be trained for life under the dominion of reverence and love and the spirit of obedience to a personal God who rules the universe in which we live. (Applause.) ——Text of the Proceedings, Texas State Teachers’ Association, 1913. SAMUEL PALMER BROOKS, LL.D. (President, Baylor University, I902——-) ' .. HOSE who compare the memorable address, “The Price of Peace," delivered by Doctor Brooks in 1913, with the best in the elo- quence of that year, or any year since, will have deepened the impression of compelling power it must give on first reading. Among the speakers of Europe, then living and well-known, Anatole France and the late Viscount Bryce invite comparison. Not less powerful in thought, James Bryce sustains his thought “subjectively” without appar- ent effort through an address of any length, but though he is at all times powerful in his influence over those who can follow him, it is only in short, detached passages that he becomes memorable. “The Price of Peace,” delivered extemporaneously and in the plainest language, sustains itself throughout, with every sentence an “object lesson” both in thought and in expression. With this faculty added to his other great gifts, Bryce might have surpassed Macaulay at all times, as for a page at a time, he often does. Failing in this, he might well have envied the power of mak- ing every sentence memorable as Mind projects into pictures the deep thought which “comes from the hear ,”—-the true and only source and fountain-head of all that deserves to be‘called eloquence. (See Biographi- cal Data, Brooks; refer to Bishop, ante.) THE PRICE OF PEACE (Address to the Texas State Teachersf Association, Dallas, 1913) Mr. Chairman, Ladies and Gentlemen:— I HAVE been assigned the subject “The Price of Peace,” and the briefest answer that I can give to it is: The price of peace, to the shame 'of modern civilization, is the cost of war. I do not as a citizen, and I would not under right occasion in war, fail to respond to the needs of my country; but I appeal to teachers, who seek to study the history of mankind, and who seek to teach the rising generations to profit by that history, that we have reached a time in the development of the race when diplomacy and arbitration are better than war. 48 est me 1 1 ml .fldl Jfli acl «Lefi.,i’_‘:7é§3?¥3f7’zi3f‘V‘f’ , _ ‘ » {'5 0‘. a. iii-‘9‘ ‘95.: 3 . x»: {ifs-9*“ aye-r— SAMUEL PALMER BROOKS, LL.D. 49 I have not time to discuss the fundamentals of the questidn assigned me. I must speak brutally at it, or miss the mark entirely. I approach it from the standpoint of cost in human life and in money. I once rode upon a fast train. We suddenly came to a stop. Looking out of the window we saw the body of a man hurled down into the ditch. He was gathered up and put into the baggage car and carried to the next station. The announcement was: A widow and a few orphans. We were filled with horror that we hauled the body or the fragments of a dead man. But that very night we read in the papers of one hundred thousand Russians and Japanese who had fallen, and we shouted the praises of theirheroism. On the one hand, perhaps at most a half d0zen orphans. On the other, the authorities tell us that in Japan there were 221,000 orphans as the result of that war, and an equal number in Russia. You say: What matters it? We know not the Japs or the Russians. We have come upon a time when every man is our neighbor. We have reached the doctrine of the Sermon on the Mount, when we shall save our life by losing it, and we must contemplate these doctrines or lose the main thing in the processes of the race. ‘ The loss of life is terrible, but I submit, great as that is, the j ealousies of hate are, if possible, worse than the loss of life. I challenge those of you who read French to find any French book of science that will ever quote a German if he can help it. I challenge you that read German to find any book of the Germans that will ever quote a Frenchman if he can help it, since 1870. And'until the last decade I challenge you ever to find a Southern historian that would quote a man that came from north of the Ohio river, or conversely, when they could help it. The jealousies of hate as a result of the Franco-Prussian war in 1870, the jealousies of hate as a result of the war of 1861-65, are but examples of the jealousies of hate that can be found wherever wars have come between nations, to the shame of modern civilization. If it is the only way we can have peace, then we must continue it, but if there is a better way, let us have it. For example, in Europe there are perhaps five million men, most of whom are conscripts, ready to fight battles that are imaginary. Some goblin will get them some day. You can travel from New York to San Francisco, as some of us have done, without seeing a single soldier in arms. You cannot travel thirty minutes in any country of Europe without seeing men in arms, and many of them. I submit that if it is right and well that I as a man should have a wife and children and a happy home, it is right and well that every other normal man shall have a happy home; and I submit that the barrack life of the conscript armies of Europe has more to do with causing a low, degraded society than any other condition that exists. ( Applause.) And in addition ’ ,to the low standards of life, men by the hundreds and thousands are giving themselves over to lust and passion, destroying their natures and their 11—4 5o ' SAMUEL PALMER BROOKS, LL.D. bodies, and injuring the race for generations in the future, to the shame of our civilization, If it is the only way we can have peace, let us continue it. ,I submit that it is not, and the highest folly of it all, it seems to me, is the way our great country, without an enemy on the face of the earth, spends so much money heeding the calls of the army and navy leagues in the capitals of the nation and in the press for the propagation of that gospel that makes men fear an imaginary enemy, again to the shame of the race. Whenever we shall have throughout this country the doctrines that I am now proclaiming preached in the class-room, whenever they shall be proclaimed in the press of this country, as the Dallas News has done for so many years, I tell you it will be impossible for any man to be elected to office, or any man to stay in office, who will vote away the people’s money for some imaginary foe. It is as true as the gospel, if we only knew it. ‘ Seventy per cent—I have it printed on a placard on my office wall—— by the authority of those who know, seventy per cent of the budget of the United States goes for wars, past, present, and to come. It is a shame, ladies and gentlemen. Only thirty per cent to pay all the expenses of internal improvements, national education, and whatever else is good for the national government! It is as if some man who labors and earns one thousand dollars on a farm, or in some profession, must, though he is in peace and quiet and love with all his neighbors, pay out, forsooth, seven hundred dollars a year to ward off some horrible thing that he imagines will get him, and has only three hundred dollars a year left to support his wife and children. That is one type of the situation. But let us take another—the cost of one warship, one battleship, one scared-of—nothing! This morning’s paper tells us that the Secretary of the Navy proposes two battleships a year. I confess to the greatest disap- pointment of anything that I have thought of in connection with Mr. Wilson as President, that it really seems that he must favor the program of two battleships. Fifteen million dollars! What Will fifteen millions of dollars buy beside buying a battleship? For one thing, it would make a six-foot channel in the Mississippi river from St. Louis, or the mouth of the Missouri, to St. Paul. It would build a macadam road from here to St. Louis, or one from here to Denver, approximately, or one from here to Atlanta, approximately. It would lock and dam the Trinity and Brazos and make Houston a port with deep water. It would build one hundred and fifty high sch001s worth $100,000 apiece. It would pay for more than the values—not endowments—0f all the buildings and lands that are owned by Yale and Harvard and Brown and Dartmouth and Williams and Bowdoin all put together. One warship! Ladies and gentlemen, if it is the best we can do, we must continue. I really think it is better to fight our battles over the banquet table than le’s mil mouth . [ere to ' n he” Brazos undrtd ,, than at are m5 and mtinue' SAMUEL PALMER BROOKS, LL.D. SI in that way. (Applause) The cost of one battleship would put buildings and grounds, the equal of the University of Texas, an institution like it, in twenty of our states all at once. It would build a thousand locomotives to do the work of transportation. It would pay for the service of 75,000 trained laboring men. It would give an education to 24,000 people. One big gun costs from $65,000 to $75,000, and to fire it costs $1,200, the price of a good, neat modern cottage, and the price, as it used to be, of a small farm. To fire all the guns of a warship at once would be to put off in smoke several good farms at one shot. The average cost of the army and navy of the United States for the eight years prior to the Spanish- American war was $51,500,000.- The annual average cost for the eight years succeeding the Spanish-American war was $184,500,000, an increase in the eight years of $1,072,ooo,ooo,—more than the national debt, an amount equal to the budget of the entire nation, approximately. Ladies and gentlemen, I repeat, if it is the best we can do, let us continue. I should have said before, to be a little more logical, but I say it now because I think of it, that the war debt of the world is approxi- mately forty thousand million dollars—$4o,ooo,ooo,ooo. Can you think of it? I cannot. The annual war budget of the world is approximately four billion dollars, enough money to build ten Panama canals in one year. If it is the best we can do, let us go on doing it, if we do not knovsf any better. I say I think we can do better. There is not a gun as big as a popgun from the Atlantic to the Pacific between Canada and the United States, and I will submit that but for the treaty of 1817 that made that possible, we would probably have had war between Great Britain and this country, because some fool would have done some foolish thing, and we would have championed the cause of the nation, our “honor” being at stake. A good man’s honor is never at stake. It is the other man’s honor. (Ap- plause.) Those of you who went to the World’s Fair in 1893 went on board warships made of wood—facsimiles. The United States government kept the peace treaty and would not allow a warship to go up the Welland canal and into the harbor at Chicago. If we can, by a treaty, have peace for one hundred years between this country and Canada or Great Britain, might we not with other countries of like character? Let the United States, Great Britain, France, Germany and Japan—aye, any three of them —-agree to do anything on the face of the earth, and it will be so with all the rest of the world. (Applause) If they shall agree to reduce grad- ually the armaments of the earth it will save us the enormous expense I have spoken of. My time is up. The temptation is to go on. I will not, but I appeal to the teachers of Texas, talk to your boys and girls on this subject. Teach them the moral equivalent of doing the things that Colonel Exall teaches. Whoever saves the soil is as great a hero as any man that saves 52 SAMUEL PALMER BROOKS, LL.D. his country by epaulets and battles. Is it not so? (Applause.) I know not but what he (Colonel Exall) earned his title of honor on the field of patriotic battle. I take not one chaplet of glory from him, but I submit that in the future, Where monuments shall stand for heroes they will be for men who had at heart the cause of conserving the race rather than destroying it. (Applause) We want life. We want more life, that we may have it more abundantly, and we cannot if we destroy it by all the means that are now being invented. We have reached the time now when by sheer ’indigence, by the impoverishment of the nations, we can haVe peace. Oh,’ there is talk for hours in it, but I must resist the temptation. I appeal to you again. Won’t you go home and organize in your high schools, in your country schools, a school peace league? Won’t you do it—without any cost? It is the only thing I was ever connected with that did not cost something. Organize a school peace league, and put your boys and girls to studying the problems that are incidental to it. It is sociological. It is historical. It is philosophical. It is ethical. It is everything. Make your students citizens of the world, and not of the mere bailiwick where they happen to live. (Applause) —Text of the Proceedings, Texas State Teachers’ Association, Dallas, I913. Complete. asymwwwagaamy: r; ~ 4; .yv mm w:~.<_,w_.—., GUY M. BRYAN , (Historian of Texas) Ff“! UY M. BYRAN’s habits as a lover of history in general and of " [3 Texas history in particular appear in all his speeches and addresses. The present generation is largely indebted to him for what school histories and other textbooks now make a matter of common knowledge; but even if not predisposed to public speak- ing, the closeness of his association with Austin and so many others of the “makers of Texas” would have forced it on him. While his addresses are usually in great part devoted to giving facts their historical con- nection, there is hardly one of them in which his feeling of the deep impbrtance of the' facts does not inspire him to passages of moving eloquence, such as is illustrated in the exordium of his address at Houston in 1873, and throughout his speech at Belton 1n 1883. In the writing of history, he represents the “original researc ” which rescued from the oblivion of scattered and perishable records what schoolboys are now expected to know. But he cannot speak of this without being so deeply moved by it that, as the pathos of the vanishing past inspires him to ; prophecy of the future, the love for his State he thus expresses becomes more appealing than any logic of argument. He is never likely to be if; forgotten while the love for Texas he feels remains an inspiration for 'progress. (See Biographical Data, Bryan.) THE FOUNDERS OF TEXAS 2—5399}? t 3-«-.'-:‘*~‘ ‘: x*‘ (Responding in Behalf of The Texas Veterans’ Association to an Address of Welcome at Belton, April 21, 1883) . “Jigfi‘ix‘é‘i‘iP'é‘fif’: Mr. Mayor:— ELECTED last evening to represent the Association on this occasion, I S tender you, the highest official of Belton, the heartfelt thanks of the _ Texas Veteran Association for the freedom of your city just extended f to us. And, in behalf of the members, I assure you that not one of them within the sound of my voice will violate, knowingly, ’ the rules and ' regulations of your city, or abuse the privileges so generously accorded. It is a pleasing duty to me in turning to you, an old acquaintance, 53 1“»: f g“ .fiarfifii. 54 GUY M. BRYAN Judge Saunders, to meet you on this platform, not only the friend and admirer of the noble people who took you to their bosom when I first met you, shortly after your immigration thirty-one years ago, but as the chosen spokesman of the people of Belton, among whom you have lived so long, in their name, to welcome the representatives of the survivors of the old American Texans to your city, nestling in this beautiful vale, surrounded by sparkling waters and picturesque hills. People of Belton, spending a day and two nights with you, we know you as you are. You will live long in our memories, and be cherished in the hearts of Texas veterans for the hospitality that flung open your doors which, if not rolling back on golden wheels, swung wide open on hinges of old-fashioned Texan hospitality, that brings to minds and hearts the memories and feelings of the old, old times,——feelings too rare to be pur— chased, too sacred to be sold. We thank you, we praise you with tearful eyes and full hearts. Your welcome is worthy of your hearts, and your hearts are true Texan hearts. You deserve to live in this beautiful county, with its rich lands, hills, valleys, prairies and woodlands, one of the best counties in Texas. And to whom do you extend this generous welcome? Who are they, and what have they done to merit your special considera— tion? They are the representatives of the founders of imperial Texas. Among . them before you are representatives of “The Old Three Hundred,” and of Austin’s other colonies,—those who ate mustang and poor doe meat, and packed seed corn from Nacogdoches and San Antonio to the Colorado and Brazos; who slept with their rifles by their sides and nightly heard the Indian war whoop; those who were in the Fredonian war, and aided in the capture and expulsion of Mexicans in I832 ; those who were in the campaign of 1835, and at the storming and capture of San Antonio; one of the three surviving signers of the Declaration of Independence, and those who were with Johnson and Grant, and escaped the massacre of Goliad; those who were the compatriots of the immortal Travis and his noble band, who threw themselves betwixt the enemy and the settlements, determined never to surrender or retreat. They redeemed their pledge to Texas with the forfeit of their lives, they fell the chosen sacrifice to Texan freedom. This conflict of eleven days and nights caused a loss and deten— tion of the enemy that saved Texas from desolation to the Sabine, for it gave her time to assemble that little band which on this day, forty-seven years ago, under Houston, triumphed on the plains of San Jacinto, and sealed the independence of Texas, declared in Convention on the 2d of March previous. But for the Alamo, there might have been no San Jacinto, no Republic or State of Texas, and the two millions of people now inhabiting it would be elsewhere. There are representatives here of the Somerville campaign, Mier men, and the Jordan foray, of the Santa Fe and Snively expeditions, GUY M. BRYAN 55 of Salado, of Jack Hays and Ben McCollough’s rangers, and of numerous other commands and expeditions against Mexicans and Indians before annexation. The warfare of Texas was desultory, of forays, something like that between the Christians and Moors in Spain. 'The more exposed parts engaged and suffered most. Some served at times a few weeks, and again a few months, until the Indian and Mexican were discovered and fought. Some connected themselves with the army for the occasion only,— such as the storming and capture of San Antonio in 1835, and the battle of San Jacinto in 1836,—-—and after the battles returned to their homes. There were but few “regulars,” and most of these were not in battles, unless with Burleson in the Cherokee campaign. The warfare of Texas was waged by those engaged in civil pursuits, who rushed to the rescue when needed, whether the enemy were Indians or Mexicans. There are those here, who rifle in hand, have passed over these hills and valleys to drive the Indians from the settlements; they toiled and bled that you might live in peace, and safely rear the lofty spire that rises over our heads, and erect this altar, consecrated to a living God. These then are the men you welcome so royally and truly. We have been careful in conducting our Association to merit the respect we have received. Look on the faces of these old men; you read there intelligence and character; look at their full locks (bald heads so rare among them), evidencing their laborious lives in the open air, and their temperate habits. Their ages are over sixty, and nearly one-half of the first class (which is more than double that of the second) is over seventy. We occasionally hear the gibe and jeer that our numbers are increasing. The courtesies,—God bless them for these and increased facilities,—offered by the railroads, enable old veterans who have been unable before to make proof as to their services, to do so now. Our Constitution says it for all. It provides that those who per- formed a tour of duty against Indians or Mexicans from 1820 up to annexa- tion, when record proof is made, shall be entitled tomembership. Judge Saunders spoke of the grand women of Texas who aided, advised and comforted the men in their great work of redeeming Texas. But for their refining influences we would have been semi-savages. Women of Bell and women of Texas, emulate these virtues, and like their possessors be true to Texas. On the altar of Texas swear your children to preserve theunity of Texas. United, she is destined to be a power in the land; united, our taxes will be mills where they are dollars now; united, we preserve living Texas; divided, Texas will live in history only. Again, in the name of Texas veterans, I thank you, Mr. Mayor and Judge Saunders, for the hospitality of your noble, generous, whole-souled people. Our next annual reunion will be held in Paris, where generous people have extended to us a cordial invitation to meet in that beautiful city. In the days that tried men’s souls, the sons of Red river and those of the Gulf and West stood side by side against Indians and Mexicans. 56 ‘ GUY M. BR¥AN The President of the Convention that declared Texas free and independent of Mexico was Richard Ellis, of old Red River county. We will‘then go there and preach as we do everywhere, for the sake of Texas, the union of Texas, now and forever. —-Text Complete, as Published in The Texan Annual, I886. ,1 THE FUTURE GREATNESS OF THE STATE INDIVISIBLE ‘ (Exordium of the Address to the Texas Veterans, Houston, May I4, 1873) Pioneers, Veterans of the Texas Revolution:— ,Vn j GREET you with a heart that always has been, and always will be yours. . I greet you gladly, as with full hearts you joyously clasp hands in V. reunion. Historic occasion! the past mingling with the present! Old ‘ Texans, veterans of the Republic of Texas, rejoice, be proud, for you f can well indulge a manly, patriotic pride in the thought that, in looking ‘ around, all about you are results of what you were a part. g Look on these moving throngs‘of people; this prosperous, solid city; gr these telegraph wires, railroads, steamboats, warehouses, manufactories; i and down yonder, a little way off on the Gulf, that beautiful pearl of the sea, the growing metropolis of your State. ‘Turn your eyes East, West, North—on and on, over what once was the wide range of the mustang and wilder Indian, and number there the :1. 3 ten hundred thousands of your countrymen, of whom you were the advance. !; ' ' This is your monument,-—-the monument of your co-laborers and com- V patriots,—-—grander and more lasting than pyramids of granite, marble, or brass; vast as the surface that rolls out in plains, hills, valleys, and moun- ’. ‘ ' tains, from the Sabine to the Rio Grande and from the blue waters of it from the wilderness, disenthralled from Mexico by forecast, energy, and ,4 industry; by blood, valor, and wisdom, for the benefit of millions, born I?“ and unborn. What eulogy can I pronounce on her—so beautiful, so won- V; j ‘1, derfully formed—her blue skies, green pastures, and healthful winds? ‘ l?! What eulogy othhose heroic men who sleep in her sod? “As sleep the brave who sink to rest By all their country’s wishes blest.” i On you, who now look on this growing work, who hear the tread of l» w‘ ' the millions advancing, to take peaceful possession of the places prepared " by those who blazed and traced the way through forests and prairies wild, the Gulf to the endless plains of the North! Thus it stands—beautiful, i majestic, sublime, enduring as time. God’s work and your work, redeemed f i SSqrnsnfl_r o' GUY M. BRYAN 57 and planted for them the tree of law and liberty,—Eulogy itself stands silent before the picture! No matter what the mutations of time and passions of men may bring, your monument is complete, and will stand as long as civilization shall last. Wonderful work! Benefactors of your race! Fathers of the State you reared in your strength, now, in your weakness and old age, your child will revere and love you, and smooth your passage to the grave. It is true your labors have been severe, and your sacrifices many for Texas, but like all parents, you must watch until the end. Fathers of Texas, you and all of her children have a sacred duty to perform, that must not be forgotten, that must be continuous and unceasingly cherished-— to preserve, in its unity, our beloved Texas. Texas, Texas !—sound it, think of it, where does it lead the mind? Between the Colorado and Trinity? Between the Trinity and Sabine? Between the Colorado and Rio Grande? Between a tier of counties on the South, and Red River and the Staked Plain on the North? No, Texans! The Texan heart leaps over all these narrow spaces, and every- where within its broad, united limits, worships at the same Texan altar of patriotism. The soil of Rio Grande has drunk the blood of the sons of Sabine; Red River has made her offerings on the coast, and the coast has her bleached skeletons on the arid plains of the North. Texas has but one Second of March, but one Alamo, but one Goliad, but one San Jacinto. She has but one Lone Star. Every point of that star must remain, for when you take them away the star is gone. Who will put out this glorious luminary? What mercenary, with soul so dead, would barter it away? We plead for unity of Texas, as Camillus pleaded for one Rome! United! Where is the state that ultimately can compete with Texas! How vast will be her resources, how light her taxes. Where we count dollars levied as tax now, we will count mills then, and yet how ample will be our revenues! How potent will be our efforts; when we stretch forth our arm it will be mighty! When we raise our voice in council, all will be hushed to listen. - ' Our seaboard will have its coronet clustering around a queen of pearls. Our interior will have her Lowells, and Manchesters, and Pittsburgs; our railroads, subordinated to just laws and the interests of the public- the servants, and not the masters of the people—will bind our extended parts together in social and mercantile intercourse, preserving confidence, community of interest, and patriotic affection. Our institutions of learn- ing, benevolence, and religion, will all rise higher and tower loftier, because of the ample resources and great name of our mighty State. Nothing little will live here—ideas, thoughts, feelings, all will be great, because of the association of greatness. F53¥r5§wsz :11“ a A «r‘ r“ " v. 53,. 4'5“. ; - ‘ “19m 58 GUY M. BRYAN On the other hand, divide, and the fragments, with their contracted limits, will be common. Each State, with its burden of taxes, and its comparative insignificance of position and influence at home and abroad, because partaking of mediocrity, will be small. And more,—grievous the thought l—Texas will be Texas no longer. Our glorious past will be left to history only, and no longer exist in the hearts of a living people. Then raise your voice with mine, that Texas a unit shall be forever— forever shall be united! And you, all of you Texans, who have immigrated since the imposing events that founded this great State were enacted, we hail, we welcome you as brothers and countrymen, and we implore you, by the sad recol- lections and wise experiences of the past, to afi‘iliate with us in love and devotion to our great State. We invoke you for your own, and your children’s good, to act and teach the union of Texas as our Texas—our whole Texas! Veterans, you have done your work for progress. You are now con- servative. Age brings wisdom. We have witnessed so many changes of government that all our experiences strongly incline us to love peace and oppose intestine commotion or violent governmental changes. War is the worst and least reliable method of righting wrongs within the body politic. Especially has this been the result, legitimately or not, of the recent civil war. It has not only changed the characteristics of a noble people of a great section, in which was the highest type of civilized man I have ever seen, and is creating of the surviving people and their descendants a new people, but it has occasioned the change of the practical working of the General Government, and the relation of that Government to the States as we have heretofore understood them. Whether these changes are to endure, or are for the better, time and experience will tell. We shall not quarrel about it here, and only refer to it in passing as an historical truth for reflection. We should recognize the facts as they exist, and try to make the most and the best of our situation; and in a right spirit, with intelligence and truth, support the governments, State and Federal, and patriotically work under them for our good and the well-being of the people, and zealously endeavor to so shape their destiny that it may be great in spite of adverse fortune and unjust legislation; and avoid in Texas what I fear is the fate of some of her sister States—— that their descent is and will be in proportion to their former elevation. One fact 'we should realize and be governed by: it is, that on ourselves—— on the prudence and wisdom of the people of Texas—depend our improve- ment in government, as well as in material prosperity. For if our own experience has not taught us, Louisiana, South Carolina, and I may add, Alabama and other States, tell us in unmistakable language that the masses of the North, engaged in their own affairs, are too remote from us to understand properly the condition of the conquered States. They think Hlitr Wm M GUY M. BRYAN 59 these States are reconstructed with departments of government like their States, and hence suppose that all things will work as with them; and if they do not, the local governments or people of the State must repair the wrongs. They do not, and will never realize the influences that operate on us. This condition of mind in the masses of the North gives the strongest practical reason in favor of State rights, or local government, resting in the hands of the intelligent people affected by it, as the surest means to secure the enactment and execution of wise and just laws, and thereby per- petuate the Union. And that it may be thus perpetuated, and be perpetual, is your prayer and my prayer. You want, we all want, to leave our children a safe, beneficent and enduring government,—a government that commands their love, and for which they will cheerfully battle. And when they march to the tented field, they will go as soldiers against a foreign enemy, and never more against their own countrymen. I most devoutly pray that civil war never again visit our land; but Texas will climb to such a lofty height of influence that she will overtop all such storms, and still them in their brewing. And, that she may be able to do this most effectually, and all else that is for her good and the good of the country, her vast resources must be developed by population. The prospect for this is most encouraging; by the increased facilities of transportation, through the railroad connections already completed, and others that soon will be made, which Will open up to her that vast tide of immigration that annually flows westward; and largely increase that which has steadily flowed in from those Southern States where freedmen’s rule prevails and will predominate; also, by the line of steamers that run direct to Europe, which with the increasing num- ber of sail vessels to the same quarter, will bring to our State what is so much needed: many and willing hands to cultivate our fertile lands. For her influence depends upon material prosperity and power, and both of these rest upon her union. Texas is twice as large as Prussia, more than twice as large as England, Scotland, and Ireland combined, and larger than Austria. ‘ Should the vicissitudes of human governments bring disruption upon ours, as they have brought it upon all large empires, sooner or later, then ,3; . Texas united, can stand alone and raise her head proudly among the nations of the earth. Originally, the western boundary of Texas was the Nueces. When the Convention met that separated Texas from Mexico, it is a most significant and, memorable fact that Stephen F. Austin, then a commissioner in the 1 l I . ,1. l as a western boundary, and the Rio Grande was named in the treaty. “a twp, ii; United States, urged by letters upon members not to fix the boundary West- li ‘ ; ward, but to leave it open to the Sierra del Madre and Chihuahua. ii 2 5:) When President Burnet formed his secret treaty with the captive Santa it; ' at” Anna, he thought the good of Texas required the establishment of her {:5 p 92 i” 3‘ 193:3 6o . GUY M. BRYAN When the first Congress of the Republic met at Colui‘nbia, in the fall of 1836, General Thomas Jefferson Green, of the House, introduced a bill that became a law, declaring the Rio Grande as the western boundary. Settlements were then made west of the Nueces, and our troops, under the heroes, Jack Hays, Ben McCullough, and others, gave them sufficient pro- tection to enable them to hold possession until annexation. The United States admitted Texas with her boundaries defined, stipulat-' ing to treat with Mexico only in regard to them. N 0 Congressional act can change or divide Texas without her own consent; and the consent of her people can never be obtained for dismemberment. No representative in Congress will dare to favor division in opposition to the will of her people, for no Credit Mobilier or political Dugald Dalgetty, it is to be hoped, will ever be found among her members. All of Texas not surrendered to the General Government belongs to her people, for they have emphatically made her what she is. The fear of Indians and jealousy of Americans on the part of Spaniards, kept her almost an unknown land, except on the San Antonio road, before the Anglo-American Settlement began. The small towns of San Antonio and Goliad were the only settlements within this vast wild, when' 1n 1820, it was traversed to San Antonio by Moses Austin, on his mission of colonization. From the 16th of July, 1821, the day that Stephen Austin entered into the wilderness of Texas, “to lay the foundation on which our present magnificent edifice is constructed,” she has, under Texan energy and enterprise, advanced to what she was when she entered the American Union. =r-" f5 , THE BABE OF THE ALAMO (In the Texas House of Representatives, on the Bill to Pension the Daughter of Almiram Dickinson) ; I INTENDED, Mr. Speaker, to be silent on this occasion, but silence would now be a reproach, when to speak is a duty. No one has raised a voice in behalf of this orphan child; several have spoken against her claim. 311%,“ ‘ I rise, Sir, in behalf of no common cause. Liberty was its foundation, heroism and martyrdom consecrated it. I speak for the orphan child of the Alamo. No orphan children of fallen patriots can send a similar petition to this House—none save her can say, “I am the Child of the Alamo.’.’ Well do I remember the consternation which spread throughout the land, when the sad tidings reached our ears that the Alamo had fallen! It was here that a gallant few, the bravest of the brave, threw themselves betwixt the enemy . and the settlements, determined not to surrender nor retreat. They redeemed , their pledge with the forfeit of their lives—they fell, the chosen sacrifice to " GUY M. BRYAN 61 Texan freedom! Texas, unapprised of the approach of the invader, was sleeping in fancied security, when the gun of the Alamo first announced that the Attilla of the South was near. Infuriated at the resistance of Travis and his noble band, he marshaled his whole army beneath the walls, and rolled wave after wave of his hosts against those battlements of free- dom. In vain he strove—the flag of liberty—the Lone Star of Texas, still streamed out upon the breeze, and floated proudly from the outer wall. Maddened and persistent, he reared his batteries, and after days of furious bombardment, and. repeated assaults, he took a blackened and ruined mass— the blood-stained walls of the Alamo. The noble, the martyred spirits of all its gallant defenders, had taken their flight to another fortress, not made with hands. . . . . But for this stand at the Alamo, Texas would have been desolated to the Sabine. Sir, I ask this pittance, and for whom? For the only living witness, save the mother, of this awful tragedy—“this blood- iest picture in the book of time,” the bravest act that ever swelled the annals of any country. Grant the boon! She claims it as the Christian child of the Alamo—baptized in the blood of a Travis, a Bowie, a Crockett, and a Bonham. To turn her away would be a shame! Give her what she asks, that she may be educated, and become a worthy child of the State—that she may take that position in society to which she is entitled by the illustrious name of her martyred father—illustrious because he fell in the Alamo. WILLIAM HENRY BURGES (President, Texas Bar Association, 1909-10) s ‘ EFORE the “Coup d’Etat” through which Louis Bonaparte over- a: "a V“ f“, threw the French Republic, the routine proceedings of the French .- 371$ Assembly degenerated Into 1mbec111ty, d1ver51fied by outbursts of insanity, which those who study the history of politics may easily believe were forced by agents of the Imperialist conspiracy in the Assembly, ostensibly members of all parties, but chiefly posing as radical reformers. When contempt for Republican institutions, thus promoted, had reached the point of public despair, Louis Bonaparte, afterwards known as “Louis Napoleon,” patron of Maximilian’s empire in Mexico, used the army to imprison the honest Republican leaders of the Assembly, while he pro- claimed himself “Napoleon II.” For a quarter of a century, following 1890, the symptoms of promoted imbecility in American legislatures increased until they were epidemic throughout the United States. That they were carefully promoted, there is no doubt; that they counteracted honest attempts at necessary reforms, which a “few wise laws, wisely adminis— tered” would have effected, is now manifest. When in 1910, President Burges, 0f the Texas Bar Association, defined the results of these condi— tions, as Texas was affected by them, he made an important contribution to the study of civilization, deeply interesting to all who are interested in the study of civilized life. (See Biographical Data, Burges.) PERVERTED AND PROFUSE LEGISLATION (From his Presidential Address to the Texas Bar Association, San Angelo, July 5, I910) ' N 1890 our population was 2,235,523. It has grown to approximately I 4,000,000 in 1910. The taxable values of 1891 were $856,200,238; those of 1909 were $2,174,122,480. The corn crop of 1891 amounted to 63,135,774 bushels. In 1909 it amounted to 201,848,000 bushels. In 1891~Texas pro- duced 2,126,774 bales of cotton. In 1908 (the last year of which the figures are at hand) it produced 3,724,575 bales. Thus we see that during the two decades under consideration the population increased 78 per cent; the taxable values increased I 53 per cent; the corn crop increased 219 per ' 62 WILLIAM HENRY BURGES 63 cent; and the cotton crop increased 83 per cent. The biennial output of laws increased from 397 pages in 1891 to 1402 pages in 1909, an increase 'of 278 per cent. Taking statistics as they usually go and for what they are commonly worth, may we not say that legislation has become the principal product of the State? The corn and cotton crops of Texas for 1909 brought to her people, in round figures, about $288,047,433. Will any one say that the Legislature of that year brought to the people of this State an equivalent good, either in enhanced material prosperity, or in a more perfect adminis- tration of justice, or in larger or securer liberties? I doubt it. Not only has there been a tremendous increase in the entire volume of legislation, but there will be found, on an examination of the acts of the period 1891 to 1909, a very great increase in the length of the individual acts of the later period, and especially in the titles of the acts of the more recent Legislatures. That veracious traveler, Captain Lemuel Gulliver, tells us that in Brob- dingnag, where the alphabet consists of twenty-two letters, no law could exceed twenty-two words. “Indeed, few of them extend even to that length. They are expressed in the most plain and simple terms, wherein these people are not mercurial enough to discover above one interpretation.” Of the acts of 1909 only three have titles containing as few as twenty- two words, and instead of the perspicacity Gulliver commended in the laws of Brobdingnag, of many of our own must it be said that they “are without ’ form and void, and darkness is upon the face of them.” If there are to be any lawyers in future Legislatures, it might not be out of place to suggest that Lord Coke commended certain statutes for being “shortly penned,” saying, “It was the wisdom of ancient parliaments to com- prehend much matter in few words.” 2 Institute, 306, 401. The increased volume of legislative output is not by any means entirely due to the enactment of laws upon subjects not heretofore treated, or to meet new conditions, but at session after session there is legislation on the same subjects, re-enacting, modifying, enlarging or departing from the laW as previously enacted, as a result of which the body of the written law is suffering from what fairly might be called empiricism in a malignant form. . . . . . In “The Man Who Laughs” Victor Hugo tells us that “In England they venerate the law so much that they never repeal any; but they save them- selves from the consequences by never putting these laws into execution. An old law falls into disuse like an old woman, and they never think of killing either one or the other. They- cease to make use of them—that is all. Both are at liberty to consider themselves still young and beautiful. They allow them to suppose that they still exist. This politeness is called respect. Norman custom is very wrinkled, but that does not prevent many an Enge lish judge from casting sheep’s eyes at her.” 64 WILLIAM HENRY BURGES The opportunity for calm reflection is necessary to the arduous task of law-making. In his tract entitled “Considerations Touching the Amend- ment or Alterations of Laws,” of which Judge Dillon has said “every word is golden,” Sir Mathew Hale says: “The business of amendment or altera- tion of laws is a choice and tender business, neither wholly to be omitted when the necessity requires, and yet very cautiously and warily to be under. taken, though the necessity may, or, at least, may seem to require it.” Touching the manner of making laws, and the persons to make them, Sir Mathew tells us: “(1) That it be done deliberately and leisurely. An attentive con- sideration will every day ripen the judgement of those that shall be employed in such service farther than they can at first imagine. (2) Let every point be fully debated and impartially examined before it is fixed into a resolution.” _ He further tells us “bills should be twice read and committed and after they have been once or twice particularly debated at the committee, it may be very fit to call the judges to a solemn debate at the committee of the House of Commons, where they may give their reasons why they go so far and no farther,” and he very wisely adds, “Bills thus prepared and ham- mered would have fewer flaws and necessity of supplemental or explanatory laws than hath of later times happened.” To again quote Sir Mathew: “Touching the time or season for such business, it must be observed that it is not every parliament that is fit for such business. When either the times are turbulent or busy, or when other occasions of State are many, great or important, that is not a season for such an undertaking; for it is not possible among such hurries of business, there can be that attendance upon and attention to a business of this nature, as in truth it requires.” ' The application of these profound observations to the times, the occa- sion, the circumstances Of a modern political convention, is too plain to require even a suggestion. If any further condemnation of the system be required,'it will be found in the laws passed under that system. Glance with me for a moment at some of the laws passed in obedience to the platform demands of 1906—the last year before the legislators sought, at their own hands, relief from the monster they had helped to create. A law to define and prohibit lobbying was demanded, and was enacted, if that may be called law which law is not». . . . . _ That law is as un—American as it is unconstitutional. The members of the Legislature that passed the so-called anti-lobbying law should have known that the right of petition and the right of free speech were part of the priceless heritage of institutional liberty which we have sought to per- petuate by constitutional guaranty, as they should have known that it vio- lated at least two plain provisions of the State Constitution. Mar é':"-”‘i**~f~§‘i fi‘TE‘E‘Ff-‘ijéfi 35232915 .3; a sages: 7:37.. an: ”i, A: :.;\.\~ WILLIAM HENRY BURGES 65 The principles those constitutional provisions embody were won by English lawyers from arbitrary government. They have moved with the advancing tide of freedom wherever, in its ever-widening circles, the Eng- lish language has carried the English law. It is the duty of every self- respecting Texas lawyer to challenge this abortive creature of legislative insolence and ignorance on all occasions, until the Legislature, true to the instincts and traditions of our race, pluck it out as a thing, rank, noxious and unclean. Nepotism—a law defining and prohibiting nepotism was demanded and now we have it. Under that law, to enable the head of a department to give all his family jobs at the expense of the State, it is necessary to change appointments with the head of another department, which if done Without an agreement, is lawful. This is probably a trifle less convenient than the old system, but in the long run probably no harder on the faithful. The only real accomplishment of this law would seem to be a diminution , of the number of good men left qualified to serve on school boards and in other non-remunerative oflices. . . . . Prof. Tyndall, in his delightful “Hours of Exercise in the Alps,” very truly says, “Man longs for causes, and the weaker minds, unable to restrain their longing, often barter, for the most sorry theoretic pottage, the truth which patient inquiry would make their own. This proneness of the human mind to jump to conclusions, and thus shirk the labor of real investigation, is a most mischievous tendency. We complain of the contempt with which practical men regard theory, and to confound them, triumphantly exhibit the speculative achievements of master minds. But the practical man, though puzzled remains unconvinced; and why? Simply because nine out of ten of the theories with which he is acquainted are deserving of nothing better than contempt. Our master minds built their theoretic edifices upon the rock of fact, the quantity of fact necessary to enable them to divine the law being a measure of individual genius, and not a test of philosophic system.” . . . . In his “Promise of American Life,” Mr. Herbert Croly says truly that “On the whole, American laws have been made by American lawyers; they have been executed by lawyers; and, of course, they have been expounded by lawyers,” and it may be true, as he also says, that “When they talk about government by law, they really mean a government by lawyers ;” but a wise Japanese, Masuji Miyakawa, who has shrewdly observed and faithfully chronicled our national characteristics, has said, “We do nothesitate to proclaim the self-sacrificing fidelity, the patriotism, the learning of the American lawyers, for they have made possible the most self—directing and the freest Republic the World has yet seen.” If it be true, and he is but a poor lawyer who would deny it, that “The greatest achievement of the human mind is the idea of justice,” it is worth the pains to achieve it, and fair consideration and discussion of conditions II —— 5 66 WILLIAM HENRY BURGES and means to better them are not without their value. In such a hope what is here written, has been written. To quote again from Mr. Herbert Croly: 4 “Yet if the American national Promise is ever to be fulfilled, a more congenial and more interesting task will also await the critic—meaning by the word ‘critic’ the voice of the specific intellectual interest, the lover of ‘5. wisdom, the seeker of the truth. Every important human enterprise has its meaning, even though the conduct of the affairs demands more than any- thing else a hard and inextinguishable faith. Such a faith will imply a , creed; and its realization will go astray unless the faithful are made con— scious of the meaning of their performance or failures. The most essential and edifying business of the critic will always consist in building up ‘a pile of better thoughts,’ based for the most part upon the truth resident in ‘the lives of their predecessors and contemporaries, but not without its outlook toward an immediate and even remote future. There can be nothing final about the creed unless there be something final about the action and purpose of which it is an expression. It must be constantly modified in order to define new experiences and renewed in order to meet unforeseen emer- gencies. But it should grow, just in so far as the enterprise itself makes new conquests and unfolds new aspects of truth. Democracy,” (and he might have said statute-making), “is an enterprise of this kind. It may prove to be the most important moral and social enterprise ever undertaken by mankind; but it is still a very young enterprise, whose meaning and promise is by no means clearly understood. It is continually meeting ' unforeseen emergencies and gathering an increasing experience. The funda- mental duty of a critic in a democracy is to see that the results of these ;' experiences are not misinterpreted and that the best interpretation is y: embodied in popular doctrinal form. The critic consequently is not so much " the guide as the lantern which illuminates the path. He may not pretend to know the only way or all the ways; but he should know as much as can be known about the traveled road.” Doubtless many will recall the fine idea of Lord Bacon, “For there are in nature certain fountains of justice whence all civil laws are derived, but , as streams and likewise as waters do take tinctures and tastes from the soils through which they run, so do civillaws vary according to the regions and ‘ governments where they are planted, though they proceed from the same fountains.” j From the soil of Texas should spring a system of laws strong as the 3 imperious self will of her citizenship makes necessary; broad, liberal and comprehensive, as become her vast domains; just, as befits her heroic past and her future big with promise. " This calls for the application, in no narrow or partisan way, of lasting principles to passing events. To its accomplishment all good citizens will ‘ contribute, but it is in the main the task of the lawyers; and who shall say , but that out of our ranks will come the man, “Vain in his dreams it may be, .3 23;;er ;, :‘rij?’ I \ ‘ 7‘: ‘15."- ‘55:? 2039' i ~ :55... WILLIAM HENRY BURGES 67 but brave in his vanities,” whose fortune it will be to mould the people’s legislation to the people’s will, conforming it at once to their needs and their desires, recognizing and allowing for the great elemental passions and longings of our natures, and according the fullest opportunity to exercise them consistent with a like exercise by our neighbors. Encouraging thrift, labor, acquisition, by securing the fullest enjoyment of their fruits, but making them subservient to the general welfare of the State; recognizing and protecting the weak, but encouraging strength and those manly virtues that upbuild and preserve society; protecting property as the basis of a State’s prosperity, but guiding, inspiring, developing its intellectual life and maintaining the law harmonious to “The destined progress of the world In the eternal round from wisdom on to higher wisdom.” . Thus may our laws, as Mr. Bryce has so well said, “Embody in visible and stately form the unbroken continuity of the intellectual life of the country.” Laws are enacted and annulled, but the law remains. Its fixed stars guide us. In spite of our every effort, shocking acts of injustice occur, but justice prevails and abides among men. Its mighty currents hear us on. “The stars shine as of old. The unchanging river Bent on its errand of immortal law, Works its appointed way to the immemorial sea, And the brave truth comes overwhelmingly home: That the law in us yet works and shines, Lives and fulfills itself, Unending as the river and the stars.” -Proceedings, Texas Bar Association, 1910. RUFUS c. BURLESON (President, Baylor University, 1851-1897) , his time. He “preached the gospel in every town in Texas.” As I the “Orator of the Day” at the Houston Centennial services in 1893, he was introduced by Governor Lubbock. “Doctor Burleson has given forty-five years of his life to the greatest and best interests of Texas,” Governor Lubbock said. “He was the early, ardent and confiden- tial friend of Sam Houston. Under his preaching, the old hero was con- verted and by him baptized. He is the oldest and most successful educator in Texas. During the last forty-two years he has educated and sent forth over 6,500 young men and ladies to bless Texas. From such a man, you will now hear about the grand old hero of San Jacinto.” No one else has done so much to explain Houston as Doctor Burleson does; and nowhere else does he explain so much as in his statement that Houston “could repeat the whole of Pope’s Iliad by heart.” To understand how Houston domi- nates in making the history of the Republic of Texas, critical students may consult the index of the Iliad from “Achilles” and “Agamemnon” at least far as “Ulysses.” (See Biographical Data, Burleson.) §1OCTOR RUFUS C. BURLESON was one of the most interesting men of .,‘ 4’ THE HEROIC IN EDUCATION AND CHARACTER (From the Address Delivered Before the Texas Legislature, March 2, 1892, the Hundredth Anniversary of Houston’s Birth) H OUSTON’s father died when he was thirteen years old, leaving a Widow with nine children, six sons and three daughters. He therefore inherited the special blessing of being reared by a poor, pious, Widowed mother, and compelled to acquire early the lessons of industry, economy, self-reliance and reverence for God. The heroic mother, seeing'her little farm too small to rear and educate nine children, sold it, and moved to the fertile valley of Tennessee, and settled in Blount county, on the very border of the Cherokee nation. In this frontier forest home young Houston provi- dentially enjoyed another great blessing, a good and great teacher. Rev. Dr. Anderson had just opened an academy, which afterwards became Mary- ville College. None but the truly great can ever realize the value and influ- ence of a great teacher. King Philip, when “Alexander the Great” was 68 . . 533 01 Ices in :zieon that a; con- iucmr t iorth ‘13, you 156 has where {63% l dami as M at least -2¢~<§‘v“r—;.s:::- fa :. J: '1 A: f“ -. 42—2 ‘ '. ‘2' . 3‘ a .. . . RUFUS c. BURLESON ' 69 born, wrote to Aristotle, the great teacher: “I thank the gods profoundly for giving me a son to inherit my throne and splendid fortune, but I thank them more for giving me that son during the life of Aristotle, the great teacher, who can teach him to act worthy of his inheritance.” The orphan boy, Sam Houston, found in Dr. Anderson, a greater teacher than Aristotle. He did for him all that the greatest universities can do for students. He taught him, first, what to study; second, how to study; third, he gave him books or the helps to study. He gave him first the Bible, the book of God, or as Byron fitly calls it, “The God of Books.” He gave him next Bunyan’s Pilgrim’s Progress, the Vicar of Wakefield, Plutarch’s Lives, Pope’s transla— tion of Homer, Shakespeare, and the writings of Franklin and Washington. When forced by poverty to leave school and become a clerk in a country store, he carried his favorite books and pored over them at night by a pine- knot fire. And when forced by the tyranny of older brothers to seek a refuge among the Cherokee Indians, in the family of old Chief Oulooteka, he carried his favorite authors; and‘when wearied with the chase pored over these rich stores of wisdom. He could repeat the whole of Pope’s Iliad by heart, which no college graduate or professor of America can do to-day. How much of Houston’s burning eloquence, profound statesman- ship and common sense he learned from these authors, all can see. . . . . Just before Houston was deposed Lincoln sent a special messenger to Austin disguised as a “horse trader,” proposing to send at once fifty thou- sand men to hold Texas in the Union with Houston as governor. But Houston replied: “Every drop of my blood .will I give for Texas, and not one drop against Texas.” After he was deposed and thrust out of office he passed through Inde- pendence with his angel wife and lovely family on his way to Cedar Bayou, north of Galveston. He spent a few days in Independence, much of the time in prayer and tears. In his lonely forest home he looked with a sad heart on fields covered with smoke and blood; brother arrayed against brother. He lived to hear that his own first born had been badly wounded on the battlefield. Finally, God in mercy relieved him from his sufferings. The last address he ever made was to a vast audience who had gathered in front of the hotel in Houston to pay their respects to a hero who had done so much for Texas. He said: “I have been buffeted by the waves; I have been borne along Time’s ocean until shattered and worn I approach the narrow isthmus which divides it from the sea of eternity. Ere I step forward to journey through the pilgrimage of death, I would say that all my thoughts and hopes are with my country. If one impulse rises above another it is for the happiness of these people. The welfare and glory of Texas will be the uppermost thought while a spark of life lingers in this breast.” Under these terrible accumulations of sorrow his health speedily de- clined and he died July 26th, 1863, aged 70 years. 7O RUFUS C. BURLESON The Houston Telegraph announced his death, and said: “Let us shed tears to his memory, due one who has filled so much of our affection. Let the whole people bury with him what unkindness they had. Let his monu- ment be in the hearts of all Texas.” ' ' Thus lived “and thus died General Sam Houston, one of the few immor- tal names that were not born to die.” Though thirty years have passed, every year demonstrates more his profound wisdom and patriotism and causes every true Texan to say: “Oh! that America had only had a hun- dred Houstons, Clays and J'acksons.” It would have saved her two million lives, and including pensions, two hundred billion dollars. I In conclusion I wish to state clearly and emphasize earnestly the seven great characteristics that made Sam Houston the hero of San Jacinto and the father of Texas: I. Love of mother.—His love of mother filled his whole soul and per- meated his whole being. Her prayers, her faith, her counsels and her example followed him from the cradle to the grave; followed him in city and in wilderness, in prosperity and adversity. Her influence, in connection with his angel wife, Maggie Lee, brought him back from his wanderings to duty, glory, and to God. 2. Reverence for God and religion—General Houston is a striking illustration of the declaration of the great Thomas Carlyle: “A strong religious sentiment is a characteristic of all great minds.” He said to me: “In all my dark trials and struggles, I have always gone alone, at night, for special secret prayer. My retreat from Gonzales to San Jacinto was the most remarkable ever known in history. Every day I dreaded my own men more than Santa Anna. The great majority of the men were eager for the battle at once, and hot-headed men, not knowing the great plan of my cam- paign, were ready to excite mutiny, depose me, rush headlong to battle and, perchanCe, make another Alamo or Goliad. Goaded to madness by these men, I sometimes raved and cursed like a madman, yet every night when all was quiet, I went alone and spent a half an hour on my knees in prayer, and realized that the God of Liberty heard my prayer, though so unworthy.” I never shall forget that half hour spent with him in prayer, just before he was deposed from the governorship in 1861. It was midnight; we were all alone, and kneeling by a rock under a live oak tree, in Independence, we poured out our tears and prayers before the God of Washington and liberty, to save our country from the bloody vortex of civil war. It was this profound religious feeling, misguided, that caused him to place such confidence in the flight of eagles that were so abundant fifty years ago, in the southwest. 3. Unfaltering courage, moral and physical.—As a boy he charged amid showers of arrows and bullets the strong fortification of the Indians, at Tohopeka or Horseshoe. There was never a moment that he would not have charged into a cannon’s mouth at the call of duty. He was the peer of hav fall 2 true ‘ Hess mat when Enrol Same Elad file i *;.¢A.:Z\3:A~ new; ‘51:- ): ".75, .3.” .5 \, 1.5,... . . .; .H . .L7, .1” ~‘.“‘. . . v >1. .e—wrr a” “,0? J, :32?ng :2 N a. ‘5 .. TSRRW. ,. RUFUS C. BURLESON 71 Alexander, of Caesar or Washington. In the path of duty he could smile at the frowns and curses of the whole world. 4. Profound penetration—He read at a glance the secret motives of men. He penetrated the depths and heights and breadths of every question. He could banish all personal, all local feeling, and look at the facts just as they were, stripped of all colorings and all disguises. I have known men and grappled with them on the great questions of education and religion, from San Antonio, Texas, to Bangor, Maine, but have never known Hous- ton’s equal in profound, far-seeing penetration. Hence, while so many great men blundered, he foresaw and foretold the results. 5. Love of country.—His love of country, like his love of mother, intensified his whole being. He could ever say, as King David: “If I for- get thee, let my right hand forget her cunning. If I prefer not thee to my chief joy, let my tongue cleave to the roof of my mouth.” His great soul (while an intense Southerner) embraced our whole country, from ocean to ocean and from gulf to lakes. 6. Republican simplicity.—He had a supreme contempt for all display and extravagance in dress, equipage and buildings. He regarded all such extravagance as criminal, not only because it wasted money, that should be used for higher and nobler purposes, but tended to bribery, corruption and bankruptcy. 7. Political honesty.-—He would sooner have put his arm in the fire than take one cent by fraud from the public treasury. He would as soon have defrauded his widowed mother as his mother country. He gave his blood, his toil, his prayers and his whole life to his mother country, and died poor, as Thomas Benton says “all honest public men should die.” But, alas! how fearfully we have apostatized! Oh! whither are our million- aire congressmen driving our nation? But, finally, let us examine still more intensely what were the causes that moulded and erected these seven grand, golden pillars, on which rests the fame of Houston, and from which it will grow brighter and brighter till the stars grow dim. But I entreat you to beware of that fearful delu- sion, that all great men, like Houston, Napoleon, Newton and Columbus, were born great; that greatness was “thrust upon them,” and that, “if we fail and are underlings, our stars and not ourselves are to be blamed.” The true history is, all great men reach to the Alpine heights of fame and great- ness by intense toil. It is a fiat of fate, “there is no excellency without great labor.” I would be glad if some great painter would paint Napoleon when a boy at Brienne, lying down on the ground and drawing a map of Europe on the sand, while other boys were playing marbles or ball. These same maps on the sand guided him in his invasion of Russia. I would be glad, also, to see a painting of Sam Houston lying down by that pine-knot fire in that rude country store, committing to memory Pope’s Iliad of Homer, or poring over Plutarch’s Lives, while other boys were chasing 72 RUFUS C. BURLESON foxes over the mountains. N 0 man has a profounder sense of reliance on Providence than I have; yet Providence only helps those who help them- selves. Profoundly penetrated with'this great truth, let us trace the four ‘ great causes that made our Houston illustrious and will make every boy in Austin and Texas great and illustrious, who follows these same rules. I. First of all his mother, whom he worshipped and obeyed. Poets have asked: “What is home without a mother?” The patriot and philoso- pher may ask with deeper anxiety: “What is a nation without mothers?” Houston, Washington, Marion and all great men owe their greatness to mother. “A dewdrop on the baby plant may warp the giant oak forever, or nourish that baby plant into the giant oak of the forest.” Oh! that the Lord would send us a Luther, a Calvin, a Wesley and a Spurgeon to arouse the world to the importance of real mothers. One such mother as Mary Washington or Mrs. Houston is worth a whole brigade of preaching or political “female brethren.” 2. The second great formative power that erected these pillars of Hous- ton’s greatness, was his dear old teacher, Dr. Anderson. This grand old man quickened into intense activity and molded all the powers of his soul. He taught him how to think, how to commune with his own soul, with books, and above all, with God, the father of light. And next to pious mothers, our country needs great teachers, but I do not mean “lesson hearers, time killers and salary grabbers.” These are already about as numerous and about as profitable as the locusts of Egypt. At the great National Educational Association at St. Paul I met an army of about ten thousand teachers, representatives of every State in the Union; yet I. fear if Socrates, Anderson, Wayland, Or our own Texas McKenzie had been there they would have been compelled to borrow the lamp of Diogenes and walk through that mighty army crying: “I seek a teacher! Who can show me a teacher; a real God sent teacher?” Elijah, a teacher sent from God, is a grand model. When he would restore the son of the Shulamite mother to life he lovingly put his hands in the child’s hands, his feet on the child’s feet, his mouth on the child’s mouth, his heart ‘ on the child’s heart and prayed, “Oh, God! let this child live again.” The boy was quickened into vigorous life and flew into the loving embrace of mother. So the real teacher never stands upon the stilts of normal or abnormal methods, nor clothes himself with the mantle of professional dig- nity, but with the tender love of a father he takes the student by the hand, places his mind, his heart and his whole being in loving sympathy with the student and thus quickens his whole being into activity. A great teacher not only seeks to make his students scholars but true citizens and patriots and a blessing to their fellowmen, and to elevate them to usefulness on earth and glory in heaven. General Houston, in the last trying hours of his life, quoted the sayings of mother and Dr. Anderson more than all others, and he longed to meet RUFUS C. BURLESON 73 that angel mother and his noble teacher in that “land that is fairer than day.” 3. The third cause forming his great character was his devotion to reading good books and “the God of Books” selected by his wise teacher. He had a profound disgust for novels and sensational reading in every form, whether in poetry, books or newspapers. We all know how important to health and strength of the body is nutritious food, but, alas, how few know the importance of healthy and abundant food for the soul and mind. 4. But the crowning glory and power of all the formative influences was his firm and ever abiding faith in God as an all-wise and ever present Heavenly Father. This was his anchor of hope on the dark and stormy ocean. This was his Gibraltar when assailed by a thousand adversities. Like Luther before the Diet of Worms, he said: “On this firm rock I stand, and living or dying all will be well.” Oh, that these powerful forma- tive influences might erect seven golden- pillars of character on which every young man and young woman in Texas may become a moral temple of beauty and glory. --Texas House Journal, 1893 Appendix. DAVID GOUVERNEUR BURNET (Provisional President of Texas, I836 ; Vice-President, 1838) AVID G. BURNET’s “Funeral Oration on John A. Wharton” took rank as a Texas classic from the day of its delivery, and regardless of changes of taste, it is always likely to remain one. Colonel John A. Wharton, brother of William H. Wharton, had been identified with Texas since 1829, and in 1834, had been one of the strong advocates of an immediate Declaration of Independence. His death, while a member of the first Texas legislature and during its session recalled to his comrades what they had seen of his gallantry at San Jacinto, and the certainty that the battle-picture was still in the foreground of their imaginations gave Burnet an opportunity for his opening, which is probably unequalled. It was the first sentence: “The keenest blade on the field of San Jacinto is broken,” which ensured the eulogy its place as a classic. Burnet, however, shows all the traits of the “born orator.” His Inaugural Message of 1836 begins as an eloquent oration, and scarcely ceases to be eloquent even when he is dealing with the prosaic difficulties of securing loans for a bankrupt treasury. Had he commanded at San Jacinto, much less eloquence than he ‘ possessed would have made him the first President of the new Republic under its first Constitution, but after San Jacinto, “Houston’s limp” was hardly less decisive than the battle itself. (See Biographical Data, Burnet.) FUNERAL ORATION FOR JOHN A. WHARTON (Delivered before the Texas Legislature, in joint-session, December, 1838; complete) Friends and F ellow-Citize'ns:—— THE keenest blade on the field of San Jacinto is broken,—— the brave, the generous, the talented John A. Wharton is no more! His poor remains lie cold and senseless before you, wrapped in the habiliments of the grave, and awaiting your kind offices to convey them to the charnel-house appointed to all the living. A braver heart never died. A nobler soul, more deeply imbued with the pure and fervent spirit of patriotism, never passed its tenement of clay to the more genial realms of immortality. He was young in years, and, as it were, at the very threshold of his fame; and still it is a melancholy truth, to which every heart in this assembly will 74 M“ 5 poor thou“ 1, m0" =1 }*:“75: «453 DAVID GOUVERNEUR BURNET 75 respond in painful accordance, that a mighty man has fallen among us. Many princes of the earth have perished in their prime, surrounded with all the gorgeous splendors of wealth and power, and their country has suffered no damage. But surely it will be engraven on the tablets of our history, that Texas wept when Wharton died! Colonel Wharton was among the early emigrants to Texas. Young, active, enterprising, intelligent, and endowed with an indomitable spirit of perseverance, he was peculiarly fitted to figure conspicuously in the new, and to ordinary minds, the difficult circumstances in which Providence and his own adventurous energies had placed him. In his early sojourn among us, when Texas was but the feeble and neglected nursling of an unkind foster parent, he devoted his time and very precious talents to the practice of the law. 'Zealously devoted to his profession, he soon attained an eminence beyond his years, and a character for candor, integrity, an exemption from the littleness of practical quirks and quibbles, that endeared him to all his liberal associates of the bar. His mind was constructed for the highest acquisitions of human knowledge; and in choosing the profession of the law, he followed the natural propensity of his great intellect; for there is no busi- ness of man that is better adapted to the almost illimitable range of genius, or to the severe exercises of judgment, than that comprehensive and useful science. I have said his talents were precocious; but I intend a relative precocity; for the ripeness of his mind was just beginning to adorn his adopted country by its rich developments, when the precious fruit was nipped by the frost of death; and the majestic plant, whose fragrance had shed a sweet savor of promised blessings on all around, was translated to a more propitious clime, where, I trust in God, it will flourish in immortal ‘ y bloom. In the fall of 1835, when the alienation of feeling between Texas and Mexico was first manifested by deliberate overt acts of aggression on the part of the central usurpers, Colonel Wharton was selected by a numerous and intelligent constituency to represent the county of Brazoria in the General Consultation. His active mind had been intently observant of the rapid and apparently fortuitous fluctuations that marked the political career of that distracted and unhappy republic; and in his deep forethought, act- ing upon feelings of unwonted sensibility, and on a spirit which the bright- est hero in the romance of chivalry might have coveted, he early and warmly advocated the separation of Texas from the perverse politics, the bigoted misrule, and the retrogressive destinies of Mexico. The impetuous ardor of his mind seized the first indication of a design to subvert the con- stitutional franchisements of his adopted country; and his gallant spirit could brook no delay in asserting her sacred and unalienated rights. He was among the first to propose the independence of Texas; and true to the frankness of his nature, he was foremost with those who nobly bared their bosoms to the storm, when that Declaration, which gave assurance to the 76 DAVID GOUVERNEUR‘ BURNET world that a man-child was born into the family of nations, was pronounced. The brief time permitted us to linger about his wasted and attenuated form, is insufficient to recite the testimonials of his gallantry. It is enough to say that he was distinguished on the field of San Jacinta—for there were no recreants there! All had strung their chafed and dauntless spirits to the high resolve of Liberty or Death; and he who could make himself con- spicuous on such a battlefield, was something more than hero,—a hero among heroes !—-for never in the annals of war did braver hearts or stouter hands contend for Liberty. ‘ Colonel Wharton was not only a brave man and a patriot; he was a kind, affectionate, confiding friend. Having no guile himself, he had an instinctive aversion to a suspicion of deception in others. Frank, open, honorable, and without fear, he never entertained a thought of men or ‘ things which his lips could hesitate to utter. If he had an enemy, it was the uncalculating frankness of his nature that made him so; for it is a truth to be deplored, that the ingenuous are often misunderstood, and give undesigned offense when they ought to excite admiration. With you, Gentlemen of the House of Representatives, the lamented deceased was associated by an intimate political connection. You have observed his assiduity, his untiring zeal, his singleness of heart, and his profound and accurate judgment in all the exalted duties of a legislator. To you he furnished ample evidence that his great professional attainments were only inductive to the still more enlarged capacities of his intellect, and that when his mind was turned to politics, it seemed as if nature had fash- ioned him for a statesman. You are bereaved of a valuable and much valued member, whose vacant seat it will be difficult to fill with equal endowments. That eloquent tongue is hushed in death, and the grave-worm will shortly fatten upon it. Those lips that never quivered except under the gush of “words that breathe and thoughts that burn,” are closed forever, and no more shall these walls reverberate their thrilling enunciations. To you, soldiers, he was endeared by many ties. You have shared with him the toils and privations of an arduous and protracted campaign. You have witnessed and have participated in his devotion to his country, and his patient endurance of fatigue and suffering in the tented field; his agonized indignation at every successive retreat before the invading foe. Many of .you retain, in vivid recollection, his burning impatience for the conflict when on the great day of San Jacinto, his buoyant spirit gratulated his companion-in—arms on the near prospect of a battle; and you have marked his gallant bearing when the shock of arms first sounded on the plain and the war-cry of “Alamo!” carried terror and dismay into the camp of the bloody homicides of Goliad. Behold your brother-in—arms! A cold, silent, prostrate corpse! No more shall the din of war arouse his martial spirit to deeds of high enterprise. That lifeless clay would heed it not; for the bright spirit which lately animated and adorned it, has passed triumphantly DAVID GOUVERNEUR BURNET 77 beyond the narrow bourn of mortal strife, to that blessed region .«where “wars and rumors of wars are never heard.” To you, members of the Benevolent Fraternity, he was an object of peculiar regard! He exemplified, in'an eminent degree, all the cardinal vir- tues which your order proclaims and inculcates. His benevolence was not merely Masonic, it was catholic, universal, and comprehended all classes of the distressed. To the poor he was kind, generous, and open “as day in melting charity.” To the weak and friendless, he was a ready refuge and defense. Of him, it may be said with great propriety, in the language of the poet— ‘ “That all the oppressed who wanted strength," Had his at their command.” And to you, mourning friends, kindred of the dear deceased, oh, how precious he was! You knew his virtues: his kind and gentle benevolence, which dispensed its benefactions like the dew of heaven, unheard, unseen, except in substantial blessings on the objects of his charity. The splendor of his forensic talents, the high blazonry of his military fame, are subor- dinate to the mild and amiable qualities that beautified his social and domestic relations. To you he was a devoted brother in the full, free, unre— served practical sense of the fraternal tie. But he is gone! No more will he grace your social circle; no more give the blandness of his cheerful presence to your hospitality. But despond not, I beseech you, nor weep as those who have no hope. Your friend and our friend died not as the fool dieth. He calmly contemplated his approaching dissolution; and in the pure spirit of Christian philosophy, he avowed his forgiveness of all his enemies, and professed a hope of receiving a full and free pardon through the meritorious intercession of the Blessed Redeemer. While we indulge this pious confidence that a merciful God has sealed that hope with the Signet of his favor, be it our deep concernment to apply this inscrutable Providence to our own hearts, and to educe from it the only advantage it confers, by taking heed to our own ways. - BEGINNINGS OF THE REPUBLIC. (From his message to the Legislature, Columbia, October 4, 1836) Fellow-Citizens of the Senate and the H ouse of Representatives: T HE assembling of the elect representatives of a free and sovereign peo- ple, within the late department of Texas, is an event that calls for the warmest gratulations'of every patriot heart. But mutual felicitations alone, would be inadequate to express the high sentiments that ought to pervade our bosoms on this solemn and interesting occasion. Holier and loftier feelings become us; for it is meet that we raise our thoughts and our thanksgivings to that Omnipotent Being who rules the universe, directs the affairs of empires, and guides the destiny of all. 78 DAVID COUVERNEUR BURNET Among the many revolutions that have varied the political condition of men, few have exemplified more clearly, than that in which we are now engaged, the controlling supervision, and the high approbation of a benefi- cent Providence. We have realized, by actual demonstration, that “the battle is not always with the strong.” The enemy came upon us, a well marshalled host with great vigor and might; but he was repelled by a mere handful of patriots, and the flush of his confidence, inspired by numbers, was turned to paleness and trembling. It therefore behooves us, in the spring-time of our national existence, to lift up our hearts in devout grati- tude to the God of Battles, that peradventure he may continue his blessings and vouchsafe to us a happy issue to all our labors. On you, fellow-citizens, members of the first Congress of the Republic of Texas, labors of the most arduous, the most interesting, and the most important character devolve. To you is committed the beginning of legisla- tion; and as you shall lay the foundation, so will be reared the superstruc- ture. On you, therefore, rests the high responsibility of giving political character and moral reputation, to one just born into the family of nations. The present generation will feel and exhibit the impress of your doings, and posterity will transmit it to generations unborn. I pray, therefore, that in all your deliberations, you may be so guided by a spirit of wisdom, of justice, and of truth that when the star of Texas shall culminate in all its brightness, it may shed forth a glorious and beneficent light. And whether she takes her station among the illustrious constellatiOn of the North, or revolve on her own axis and within, her own sphere, that she may display, not only the goodness of God, but the wisdom and prescience of her early legislators. ' POLITICAL CONDITIONS OF 1836 On me rests the duty of presenting to your consideration a brief exhibit of our present political condition; and to [suggest such measures as may be adapted to supply the wants, secure the well-being and develop the resources of our beautiful country. In the execution of this task, there is much to excite embarrassment and apprehension; but more to animate our hopes and foster a spirit of perseverance. Many difficulties have been overcome and many remain to be subdued. But a general spirit of harmony, unity of purpose and of action, and a sincere devotion to the public weal, will easily surmount them all, and Texas will soon be enabled to assert a legitimate claim to be received among the nations of the earth. The government ad interim, over which I have the honor to preside, has hitherto conducted its labors under every imaginable difficulty. At the institution of that government, the forces of the enemy were rapidly advancing into the country, with an imposing array. The means of repelling the formidable invasion, were not of sufficient power to inspire general confidence, and many families had abandoned their homes and] DAVID GOUVERNEUR BURNET' 79 were fleeing from the approaching devastation. The entire settlements from the Nueces to the Colorado had been broken up, and the fall of the Alamo, where the gallant Travis and his brave associates consecrated their lives to the liberty of Texas, had spread dismay even to the line of the Brazos. Our military force in the field was greatly inferior in numbers to that of the host that was marching against us; and were it not that there was a vast discrepance between the military capacities of the oppos- ing armies, the subjugation of Texas would have appeared inevitable. But that discrepance had constituted an important ground of confidence in the secession, and it was worthy of all estimation; for it was a dis- crepance, not only of military prowess, but of moral attributes and of political knowledge. The administration which had been organized at the town of Wash- ington, deemed it expedient to change its location to Harrisburg, from which point it could possess an easier access to foreign countries, from ' whence our chief supplies of munitions were to be obtained, and a more direct supervision of its naval and other maritime concerns. Such removal was accordingly effected within a few days after the government was created. . . . . WAR POWERS OF THE GOVERNMENT It will be recollected, that the powers conferred on the government, ad interim were extraordinary; that they comprised the plenal attributes of sovereignty, the legislative and judicial functions excepted. The circumstances under which that Government has been administered have been equally extraordinary. Sometime, when Texas was a moving mass of fugtitives, they have been Without “a local habitation,” and scattered to the cardinal points; again they have been on Galves— ton island without a shelter, and almost without subsistence; and never have they been in a circumstance of comfort and convenience, suitable to the orderly conducting of the grave and momentous business committed to their charge. That errors should have been committed, and that duties should have been omitted, under such circumstances, will not surprise those who have an honest consciousness of their own fallibilities. But that those extraordinary powers have not been perverted to any sinister purpose; to the damage of the country, to personal aggrandizement, or to the creation or advancement of a party, or to the success of a specu- lation, I assert with a modest but a firm and assured confidence. DEALING WITH SANTA ANNA As A PRISONER Soon after the battle of San Jacinto, the executive government com- menced a treaty with the captive President of Mexico. The negotiation was protracted to the 14th of May, when two treaties, one open, the other secret, were executed between this Government and the President Santa Anna. Copies of those treaties are herewith transmitted. Some 80 DAVID GOUVERNEUR BURNET ‘ stipulations of the treaty (regarding the negotiation as one) have been complied with on the part of the Mexican President and this Government essayed to execute that engagement which relates to his transportation to Vera Cruz. The treaty was made in good faith and was intended on the part of this Government, to be faithfully sustained. But a highly exasperated popular commotion, aided and sustained by the interposition of the army, imposed an absolute necessity upon the Government to suspend their compliance with that article of the treaty, and to remand the captive President to his confinement. General Santa Anna was subsequently con- . fided to the custody of Capt. Wm. H. Patton, who had been despatched by the army for the purpose of taking him in charge, and from that period, he has been regarded as the prisoner of the army. The civil Government has exercised no control over him and has felt no official responsibility in relation to his person. .RESULTS OF VICTORY AT SAN JACINTO The battle of San Jacinto is one of those illustrious events which not only throw a grace of interest into the pages of history, but sometimes determine the fate of nations. It was a triumph not only of arms, but of soul; not of mere animal power, but of intellectual and moral impulse. The relative numbers of the combatants was of minor importance; for had the enemy possessed three times his actual superiority, the result would have been the same, or somewhat more brilliant. It was feeling, determination,—-—an indomitable resolution to conquer,—that achieved the conquest. Such feelings are the highest possible exemplification of patriotism, and acts of a high and magnanimous patriotism constitute the best and strongest claims to a nation’s gratitude. It has become a proverb and a reproach that republics are ungrateful. Let not the unkind censure fix itself upon Texas. The heroes of San Jacinto afford you a happy opportunity to falsify the proverb and repel the reproach and I recom- mend to your consideration the propriety of making a suitable expression of the public gratitude by donations of lands to the officers and soldiers, who had the proud gratification of participating in the glories of that memorable day. _ . Young as we are in existence, we have accumulated a debt of gratitude which all the goods of this world can never cancel. The generous exertions that have been made in our behalf by many citizens of that glorious land from which we claim a common parentage; the active sympathy they have manifested in our cause and our sufferings; the many and valuable benefits they have conferred upon us constitute obligations which nothing in our power to confer upon them can cancel. The best and most acceptable requital we can make is an abundant evidence that their sym— pathies have been worthily bestowed; that the fruits of their liberality have been appropriated to the diffusion of the great principles of ’Seventy— six, and that our generous benefactors have contributed to the establish- fish :9} m := hapltne DAVID GOUVERNEUR BURNET 81 ment of an enlightened, liberal and virtuous Government in a delightful region of the earth, where recently the spirit of despotism reigned in all the gloomy majesty of an interdicted solitude. There is a multitude of other subjects that would naturally present themselves to the legislators of Texas. But they belong to your successors, while to‘ us pertains the arduous task of adjusting the controversy with Mexico. The hand of Providence has been prodigal in its dispensations to our favored land. In its agricultural capabilities, it is unexcelled. Its champaign surface invites the construction of railroads and canals in all directions; and future explorations will disclose inexhaustible mineral wealth, comprising gold, silver, copper, lead and iron. All these will constitute subjects for future legislation. But at present, the defence of our country and the achievement of our independence are absorbing and paramount subjects, to which all the functionaries of Government and all patriot citizens should devote their most strenuous and indefatigable exertions. It will, notwithstanding, be apparent to your discernment, that some internal improvements may be advantageously effected. The estab- lishment of regular ferries at the river and the erection of bridges, over many rivulets and bayous would greatly facilitate the military operations ' of the country and conduce to the general convenience. TEXAS WAR SUFFERERS It cannot be disguised, that the principal sufferings and losses, incident to the war, have been sustained in very unequal proportions by the citizens of the country. The population of the Colorado and West of it, and of the Brazos, have experienced all the miseries of a successful invasion, by a foe whose watchword was death and whose purpose was extermination, while other and populous sections of the country have been comparatively exempt from molestation or inconvenience. Many citizens have suffered an entire devastation of their personal goods; others have had their dwellings destroyed by the enemy; others again have seen theirs given - to the flames by their own countrymen for purposes connected with the public defence. War is a national calamity and ought to be undertaken and prosecuted only for national purposes. It would seem equitable that the positive destruction of property, accruing from the war, should constitute a national loss, and not be borne exclusively, by a few individuals, whose locality happened to be made the theatre of carnage and devastation. The citizens of the Brazos were contending, not for the independence of the Brazos, but of Texas, and the inhabitants of Texas generally were as deeply interested in the contest as themselves. The sound of the enemy’s trumpet ‘has never disturbed the quietude of some regions, while the trampling of his armies, has carried desolation and ruin over the fair surface of others. It belongs to the wisdom and the justice of Congress to determine whether compensation shall be made for losses thus inéurred. 11—6 82 DAVID GOUVERNEUR BURNET AUSTIN’S TITLES AND LAND SPECULATION By an unhappy concatenation of circumstances, the public mind has been attracted to one subject of deep and exciting interest. The Anglo- American settlements in Texas commenced about fifteen years ago when our estimable fellow citizen, Stephen F. Austin, the pioneer of pioneers, first disturbed the deep solitudes of the Brazos with the hum of civiliza- tion. For several years, difficulties and disasters, privations and sufferings, were the common allotment of the settlers. The apparent munificence of the Government had conceded to them large portions of land and the lands were intrinsically valuable, but, presently, they were of little worth. The ' early settlers regarded rather their children than themselves in anticipat- ing the rewards of their painful migration to a wilderness. Their titles were made perfect, according to the best tenure of all earthly possessions; they were derived directly from the Government in whom the property resided. To invade the sanctity of those titles and to cancel rights con- secrated by so many sufferings would be refinement of iniquity, that would have caused a blush of compunction, to suffuse the countenances of the Gracchi. I trust that this Congress, and all others that may assemble in Texas, will promptly and decisively put the seal of their reprobation upon all sinister and unrighteous speculations in the public domain. But the -moment the Legislature of a country attempts with an unhallowed hand to violate the just and vested rights of individuals, government ceases to be a blessing and civil society is divested of half its guarantees. PERORATION 0N DUTY AND OVERRULING PROVIDENCE In the course of your labors for the public weal, you may experience trials and vexations that will be calculated to discourage your hearts, and infuse disgust into your minds. Your best exertions and most elab- orate productions may receive reproach instead of approval, and your motives may be impugned when they are pure as the snow of the moun- tain-top. But let not these things dishearten you; it is but “the rough brake that virtue must go throug .’3 Banish from your councils all party spirit and political intrigue and, armed in the panoply of an honest patriot- ism, move forward in the path of duty, and onward to the goal of our country’s redemption. And may the Almighty Ruler of the Universe give you wisdom to discern, virtue to choose, and firmness to pursue the right and eschew the wrong. And then your labors will redound to the essential and permanent benefit of your country, and will so establish your own fair fame, that the voice of jealousy and the tongue of vitupera- tion shall not prevail to sully its brightness. ~Inaugural message to the First Texas Congress. Lamar Papers, Number 456, Texas State Library. 1 CA ea nothij “111631 Villagf and ill in am} With Inth 1': lmm ‘ I read an infi( ' Was I10“ them no idem 0"“ wh Fran] ftsS “is shill!“ BEN AJAH HARVEY CARROLL (Lately President, Southern Baptist Theological Seminary) 'HOCTOR CARROLL speaks the English of John Bunyan with eloquent LC 1:34? mastery. There is no better English. At times, as in his use of "25f? ‘1 the imagery of a Southwestern drought, he equals Bunyan in vivid descriptive power, and he has much of Fenelon’s fluent ease in narration,—-—though his style is far from that of oratorical French. It comes as near being Greek eloquence in English prose as anyone is likely to find. It is much more suggestive of Chrysostom than any transla- tion of Chrysostom in English. His style is thoroughly assimilated, and automatic, used with such ease as to carry to the reader the impression that what he says ought to have been said, and that he has said it as it ought to have been. (See Biographical Data, Carroll.) MY INFIDELITY AND WHAT BECAME, OF IT (An Address originally delivered in Nashville, Tennessee) I CANNOT remember when I began to be an infidel. Certainly at a very early” age—even before I knew what infidelity meant. There was nothing in my home life to beget or suggest it. My father was a self- educated Baptist minister, preaching—mainly without compensation—to village or country churches. My mother was a devoted Christian of deep and humble piety. There were no infidel books in our home library, nor in any other accessible to me. My teachers were Christians—generally preachers. There were no infidels of my acquaintance, and no public senti- ment in favor of them. My infidelity was never from without, but always from within. I had no precept and no example. When, later in life, I read infidel books, they did not make me an infidel, but because I was an infidel I sought, bought, and read them. Even when I read them I was not impressed by new suggestions, but only when occasionally they gave clearer expression of what I had already vaguely felt. No one of them nor an of them sounded the depths of my own infidelity or gave an adequate expression of it. They all fell short of the distance in doubt over which my own troubled soulhad passed. From unremembered time this skepticism progressed, though the prog- ress was not steady and regular. Sometimes in one hour, as by far- shining flashes of inspiration, there would be more progress in extent and 83 84 BENAJAH HARVEY CARROLL definiteness than in previous months. Moreover, these short periods of huge advances were without preceding intentions or perceptible prepara- tions. They were always sudden and startling. Place" and circumstances had but little to do with them. The doubt was seldom germane to the topic under consideration. It always leaped far away to a distant and seemingly disconnected theme, in a way unexplained by the law of the association of ideas. At times I was in the Sunday school or hearing a sermon or bowed with others in family prayer—more frequently when I waked at night after healthful sleep, and still more frequently when rambling alone in the fields or in the woods. To be awake in the stillness of the night while others slept, or to be alone in forest depths, or on boundless prairies, or on mountain heights has always possessed for me a weird fascination. Even to this day there are times when houses and people are unbearable. Frequently have I been intoxicated with thoughts of the immensity of space and the infinity of nature. Now these were the very times when skepticism made such enormous progress. “When I con- sider thy heavens, the work of thy fingers, the moon and the stars, which thou hast ordained; what is man, that thou art mindful of him, and the son of man, that thou visited him.” Thus, before I knew what infidelity was, I was an infidel. My child- mind was fascinated by strange and sometimes horrible questionings con- cerning many religious subjects. Long before I had read the experiences of others, I had been borne far beyond sight of any shore, wading and swimming beyond my depth after solutions to such questions as the “philosopher’s stone,” the “elixir of life,” and “the fountain of yout ,” but mainly the “chief good.” I understand now much better than then the character and direction of the questionings of that early period. By a careful retrospect and analysis of such of them as memory preserves, I now know‘that I never doubted the being, personality, and government of God. I was never an atheist or pantheist. I never doubted the existence and ministry of angels—pure spirits never embodied; I could never have been a Sadducee. I never doubted the essential distinction between spirit and matter: I could never have been a materialist. And as to the origin of things, the philosophy of Democritus, developed by Epicurus, more developed by Lucretius, and gone to seed in the unveri- fied hypothesis of modern evolutionists—such a godless, materialistic anti- climax of philosophy never had the slightest attraction or temptation for me. The intuitions of humanity preserved me from any ambition to be descended from either beast or protoplasm. The serious reception of such a speculative philosophy was not merely a mental, but mainly a moral impossibility. I never doubted the immortality of the soul and conscious future existence. This conviction antedated any reading of “Plato, thou reasonest well.” I never doubted the final just judgment of the Creator of the world. BENAJAH HARVEY CARROLL _ 85 But my infidelity related to the Bible and its manifest doctrines. I doubted that it was God’s book; that it was an inspired revelation of his will to man. I doubted miracles. I doubted the divinity of Jesus of Naz- areth. But more than all, I doubted his vicarious expiation for the sins of men. I doubted any real power and vitality in the Christian religion. I never doubted that the Scriptures claimed inspiration, nor that they taught unequivocally the divinity and vicarious expiation of Jesus. If the. Bible does not teach these, it teaches nothing. The trifling expedient of accepting the Bible as “inspired in spots,” never occurred to me. To accept, with Renan, its natural parts and arbitrarily deny its supernatural, or to accept with some the book as from God, and then strike at its heart by a false interpretation that denied the divinity and ,vicarious expiation of Jesus—these were follies of which I was never guilty—follies for which even now I have never seen or heard a respectable excuse. To me it was always “Aut C aesar, out nihil.” What anybody wanted, in a religious way, with the shell after the kernel was gone I never could understand. ‘ . While the beginnings of my infidelity cannot be recalled, by memory l ., I can give the date when it took tangible shape. I do know just when " it emerged from chaos and outlined itself in my consciousness with start- ling distinctness. An event called it out of the mists and shadows into conscious reality. It happened in this wise: There was a protracted meeting in our vicinity. A great and mysterious ; influence swept over the community. There, was much excitement. Many ‘ l people, old and young, joined the church and were baptized. Doubtless t in the beginning of the meeting the conversions were what I would now ' i call genuine. Afterward many merely went with the tide. They went 11 because others were going. Two things surprised me. First, that I' did I not share the interest or excitement. To me it was only a curious spectacle. W l The second was that so many people wanted me to join the church. I i had manifested no special interest except once or twice mechanically and ‘ experimentally. I had no conviction for sin. I had not felt lost and did , not feel saved. First one and then another 'catechised me, and that [half 3 categorically. Thus: “Don’t you believe the Bible?” “Yes.” “Don’t lspif1t , you believe in Jesus Christ ?” “Y—e-s.” “Well, doesn’t the Bible say that 3: whosoever believes in Jesus Christ is saved ?” “Yes.” Now, mark three geloptd ‘2' things: First, this catechising was by zealous church-members before I ”avert: presented myself for membership. Second, the answers were historical, “all? 3,; Sunday school answers, as from a textbook. ‘Third, I was only thirteen jofllof . iii; years old. These answers were reported to the preachers somewhat after “will , this fashion: “Here is a lad who believes the Bible, believes in Jesus a .4. m Es =9 ,- Christ, and believes that he is saved. Ought not such a one to join the Moral , church?” Now came the pressure of well-meant but unwise persuasion. will” é I will not describe it. The whole thing would have been exposed if, when I presented myself for membership, I had been asked to tell my own story E- % 86 BENAJAH HARVEY CARROLL without prompting or leading questions. I did not have any to tell, and would have told none. But many had joined, the hour was late, and a few direct questions elicited the same historical, stereotyped answers. Thus the die was cast. Until after my baptism everything seemed unreal, but walking home from the baptism the revelation came. The vague infidelity of all the past took positive shape, and would not down at my bidding. Truth was naked before me. My answers had been educational. I did not believe that the Bible was God’s revelation. I did not believe its miracles and doctrines. I did not believe, in any true sense, in the divinity or vicarious sufferings of Jesus. I had no confidence in professed conversion and regeneration. I had not felt lost nor did I feel saved. There was no perceptible, radical change in my disposition or affections. What I once loved, I still loved; what I once hated, I still hated. It was no temporary} depression of spirit following a previous exaltation, such as I now believe sometimes comes to genuine Christians. This I knew. Joining the church, with its assumption of obligations, was a touchstone. It acted on me like the touch of Ithuriel’s spear. I saw my real self. I knew that either I had' no religion or it was not worth having. This certainty as to my state had no intermittence. The sensation of actual and positive infidelity was so new to me that I hardly knew what to say about it. I felt a repugnance to parade it. I wanted time and trial for its verification. I knew that its avowal would pain and horrify my family and the church, yet honesty required me to say something. And so I merely asked that the church withdraw from me on the ground that I was not converted. This was not granted, because the brethren thought that I mistook temporary mental depression for lack of conversion. They asked me to wait and give it a trial; to read the Bible and pray. I could not make them understand, but from that time on I read the Bible as never before—read it all; read it many times; studied it in the light of my infidelity; marked its contradictions and fallacies, as they seemed to me, from Genesis to Reve- lation. Two years passed away. In this interval we moved to Texas. In a meeting in Texas, when I was fifteen years old, I was persuaded to retain membership for further examination. Now came the period of reading Christian apologies and infidel books. What a multitude of them of both kinds! Hume, Paine, Volney, Bolingbroke, Rousseau, Voltaire, Taylor, Gibbon, et al, over against Watson, Nelson, Horn, Calvin, Walker, and a host of others. In the meantime I was at college, devouring the Greek, Roman, and Oriental philosophies. At seventeen, being worn out in body ' and mind, I joined McCullough’s Texas Rangers, the first regiment mus- tered into the Confederate service, and on the remote, uninhabited frontier pursued the investigation with unabated ardor. But now came another event. I shall not name it. It came from no sin on my part, but it blasted every hope and left me in Egyptian dark- ita ,cf‘R-l: {fix-”W; 3’33“." b2 inns u: BENAJ'AH HARVEY CARROLL 87 ness. The battle of life was lost. In seeking the field of war, I sought death. By peremptory demand I had my church connection dissolved, and turned utterly away from every semblance of Bible belief. In the hour of my darkness I turned unreservedly to infidelity. This time I brought it a broken heart and a disappointed life, asking for light and peace and rest. It was now no curious speculation; no tentative intellectual examination. It was a stricken soul, tenderly and anxiously and earnestly seeking light. As I was in the first Confederate regiment, so I was in the last corps that surrendered; but while armies grappled and throttled each other, a darker and deadlier warfare raged within me. I do know this: my quest for the truth was sincere and unintermittent. Happy people whose lives are not blasted, may affect infidelity, may appeal to its oracles from a curious, speculative interest, and may minister to their intellectual pride by seeming to be odd. It was not so with me. With all the earnestness of a soul between which and happiness the bridges were burned, I brought a broken and bleeding but honest heart to every reputed oracle of infi- delity. I did not ask life or fame or pleasure. I merely asked light to shine on the path of right. Once more I viewed the anti-Christian philosophies, no longer to admire them in what they destroyed, but to inquire What they built up, what they offered to a hungry heart and a blasted life. There now came to me a revelation as awful as when Mokanna, in Moore’s “Lalla Rookh,” lifted his veil for Zelica. Why had I never seen it before? How could I have been blind to it? These philosophies, one and all, were mere negations. They were destructive, but not constructive. They overturned and overturned and overturned; but, as my soul liveth, they built up nothing under the whole heaven in the place of what they destroyed. I say nothing; I mean nothing. To the unstricken, curious soul, they are as beautiful as the aurora borealis, shining on arctic icebergs. But to me they warmed nothing and melted nothing. No flowers bloomed and no fruit ripened under their cheerless beams. They looked down on my bleeding heart as the cold, distant, pitiless stars have ever looked down on all human suffer- ing. Whoever, in his hour of real need, makes abstract philosophy his pillow, makes cold, hard granite his pillow. Whoever looks trustingly into any of its false faces, looks into the face of a Medusa, and is turned to stone. They are all wells without water, and clouds without rain. I have witnessed a drought in Texas. The earth was iron and the heavens brass. Dust clouded the thoroughfares and choked the travelers. Water- courses ran dry, grass scorched and crackled, corn leaves twisted and wilted, stock died around the last water holes, the ground cracked in fissures, and the song of birds died out in parched throats. Men despaired. The whole earth prayed: “Rain, rain, rain! 0 heaven, send rain!” Sud~ denly a cloud. rises above the horizon and floats into vision like an angel of hope. It spreads a cool shade over the burning and glowing earth. 1‘ \ 88 ‘ BENAJ'AH HARVEY CARROLL Expectation gives life to desire. The lowing herds look up. The shriveled flowers open their tiny cups. The corn leaves untwist and rustle with gladness. And just when all trusting, suffering life opens her confiding heart to the promise of relief, the cloud, the cheating cloud, like a heartless coquette, gathers her drapery about her and floats scornfully away, leaving the angry sun free to dart his fires of death into the open heart of all suffering life. Such a cloud without rain is any form of infidelity to the soul in its hour of need. Who then can conjure by the name of Voltaire? Of what avail in that hour is Epicurus or Zeno, Huxley or Darwin? Here now was my case: I had turned my back on Christianity, and had found nothing in infidelity; happiness was gone, and death would not come. The Civil War had left me a wounded cripple on crutches, utterly poverty-stricken and loaded with debt. The internal war of infidelity, after making me roll hopelessly the ever-falling stone of Sisyphus, vainly climb the revolving wheel of Ixion, and stoop like Tantalus to drink waters that ever receded, or reach out for fruit that could not be grasped, now left me bound like Prometheus on the cold rock, while vultures tore with beak and talons a life that could suffer, but could not die. At this time two books of the Bible took hold of me with unearthly , power. I had not a thought of their inspiration, but I knew from my experience that they were neither fiction nor allegory—the book of Job and the book of Ecclesiastes. Some soul had walked those paths. They were histories; not dreams and not mere poems. Like Job, I believed in God; and like him, had cried: “Oh that I knew where I might find him! that I might come even to his seat! . . . Behold, I go forward, but he is not there; and backward, but I cannot perceive him: on the left hand, where he doth work, but I cannot behold him: he hideth himself on the right hand, that I cannot see him: but he knoweth the way that I take.” Like Job, I could not find answers in nature to the heart’s sorest need and the most important questions; and, like Job, regarding God as my ad- versary, I had cried out for a revelation: “Oh that one would hear me! behold, my desire is, that the Almighty would answer me, and that mine adversary had written a book. Surely I would take it upon my shoulder, and bind it as a crown to me.” Like Job, I felt the need of a mediator, who as a man could enter into my case, and as divine could enter into God’s case; and, like Job, I‘ had complained: “He is not a man, as I am, that I should answer him, and we should come together in judgment. Neither is there any daysman betwixt us, that might lay his hand upon us both.” And thus I approached my twenty-second year. I had sworn never to put my foot in another church. My father had died believing me lost. My mother—when does a mother give up a child? —came to me one day and begged, for her sake, that I would attend one more meeting. It was a Methodist camp meeting, held in the fall of 1865. BENAJAH HARVEY CARROLL 89 I had not an atom of interest in it. I liked the singing, but the preaching did not touch me. But one day I shall never forget. It was Sunday at II o’clock. The great, wooden shed was crowded. I stood on the out- skirts, leaning on my crutches, wearily and somewhat scornfully enduring. The preacher made a failure even for him. There .was nothing in his sermon. But when he came down, as I supposed to exhort as usual, he startled me not only by not exhorting, but by asking some questions that seemed meant for me. He said: “You that stand aloof from Christianity and scorn us simple folks, what have you got? Answer honestly before God, have you found anything worth having where you are?” My heart answered in a moment: “Nothing under the whole heaven; absolutely nothing.” As if he had heard my unspoken answer, he continued: “Is there anything else out there worth trying, that has any promise in it?” Again my heart answered: “Nothing; absolutely nothing. I have been to the jumping-off place on all these roads. They all lead to a bottomless abyss.” “Well then,” he continued, “admitting there’s nothing there, if there be a God, mustn’t there be a something somewhere? If so, how do you know it is not here? Are you willing to test it? Have you the fair- ness and courage to try it? I don’t ask you to read any book, nor study any evidences, nor make any difficult and tedious pilgrimages; that way is too long and time is too short. Are you willing to try it now; to make a practical, experimental test, you to be the judge of the result?” These cool, calm, and pertinent questions hit me with tremendous force, but I didn’t understand the test. He continued: “I base my test on these two scriptures: ‘If any man willeth to do his will, he shall know of the doctrine whether it be of God ;’ ‘Then shall we know if we follow on to know the Lord.’ ” For the first time I understood the import of these scriptures. I had never before heard of such a translation for the first and had never examined the original text. In our version it says: “If any man will do the will of God, he shall know of the doctrine whether it be of God.” But the preacher quoted it: “Whosoever willeth to do the will of God,” showing that the knowledge as to 'whether the doctrine was of God depended not upon external action and not upon exact conformity with God’s will, but upon the internal disposition—“whosoever willeth or wishes to do God’s will.” The old translation seemed to make knowledge impossible; the new, practicable. In the second scripture was also new light: “Then shall we know if we follow on to know the Lord,” which means that true knowledge follows persistence in the prosecution of it—-- that is, it comes not to temporary and spasmodic investigation. So, when he invited all who were willing to make an immediate experi- mental test to come forward and give him their hands, I immediately went forward. I was not prepared for the stir which this action created. My infidelity and my hostile attitude toward Christianity were so well known in the community that such action on my part developed quite a #44 4___“_.~___ ramgssl 90 BENAJAH HARVEY CARROLL sensation. Some even» began to shout. Whereupon, to prevent any mis- conception, I arose and stated that I was not converted, that perhaps they misunderstood what was meant by my coming forward; that my heart was as cold as ice; my action meant no more than that I was willing to make an experimental test of the truth and power of the Christian religion, and that I was willing to persist in subjection to the test until a true solu- tion could be found. This quieted matters. The meeting closed without any change upon my part. The last sermon had been preached, the benediction pronounced, and the congregation was dispersing. A few ladies only remained, seated near the pulpit and engaged in singing. Feeling that the experiment was ended and the solution not found, I remained to hear them sing. As their last song, they sang: 0 land of rest, for thee I sigh, When will the moment come When I shall lay my armor by And dwell in peace at home. The singing made a wonderful impression upon me. Its tones were as soft as the rustling of angels’ Wings. Suddenly there flashed upon my mind, like a light from heaven, this scripture: “Come unto me all ye that labor and are heavy laden, and I will give you rest.” I did not see Jesus with my eye, but I seemed to see him standing before me, looking reproach- fully and tenderly and pleadingly, seeming to rebuke me for having gone to all other sources for rest but the right one, and now inviting me to come to Him. In a moment I went, once and forever, casting myself unre- servedly and for all time at Christ’s feet, and in a moment the rest came, indescribable and unspeakable, and it has remained from that day until now. I gave no public expression of the change which had passed over me, but spent the night in the enjoyment of it and wondering if it would be with me when morning came. When the morning came it was still with me, brighter than the sunlight and sweeter than the song of birds, and now, for the first time, I understood the scripture which I had often heard my mother repeat: “Ye shall go out with joy, and be led forth with peace: the mountains and the hills shall break forth before you into sing- ing, and all the trees of the field shall clap their hands.” (Isa. 55:12.) When I reached home, I said nothing about the experience through which I had passed, hiding the righteousness of God in my own heart; but it could not be hidden. As I was walking across the floor on my crutches, an orphan boy whom my mother had raised, noticed and called attention to the fact that I was both whistling and crying. I knew that my mother heard him, and, to avoid observation, I went at once to my room, lay down on the bed, and covered my face with my hands. I heard her coming. She pulled my hands aWay from my face and gazed long BENAJAH HARVEY CARROLL 9! and steadfastly upon me without a word. A light came over her face that made it seem to me as the shining on the face of Stephen; and then, with trembling lips, she said: “My son, you have found the Lord.” Her happiness was indescribable. I don’t think she slept that night. She seemed to fear that with sleep she might dream and wake to find that the glorious fact was but a vision of the night. I spent the night at her bedside reading Bunyan’s “Pilgrim’s Progress.” I read it all that night, and when I came with the pilgrims to the Beulah Land, from which Doubting Castle could be seen no more forever, and which was in sight of the heavenly city and Within sound of the heavenly music, my soul was filled with such a rapture and such an ecstacy of joy as I had never before experienced. I knew then as well as I know now that I would preach; that it would be my life-work; that I would have no other work. —From “Carroll’s Sermons,” American Baptist Publication Society. By Per- mission and C onrtesy of Dr. J. B. Cranfill. HORACE CHILTON (United-States Senator for Texas, 1891-2, and 1895-1901) “ij ' ITH John H. Reagan, James S. Hogg and Roger Q. Mills, Senator " ' ‘ Horace Chilton represents most notably in Texas history, a “turn- ing point” in American history during a period not yet well enough understood to enable those who write history to make it intelligible. It can only be said here that under the Harrison administra- tion, it was believed that the combinations caused by the “Sectionalism of Civil War” in the electoral college could be broken. It was hoped that the Civil War could be “put out of politics,” and that in the last decade of the Nineteenth century, an opening could be made through which the new century would enter, in peace, for a country, united under the Constitution, devoted to it, with “a more perfect” American Union representing Washington, Jefferson and Franklin, having peace within its borders, and through peace and the force of its moral power, leading the world to liberation. “To turn the Twentieth century, face forward for progress,”—this was the hope, and as far as it is not yet realized, those whom it moved to risk all for its realization may well prefer such failure, as it entailed for them personally, to any poSsible success, other than that their faith and their hope may, yet realize. As this involved the co-operation of the “agricultural States,’ regard- less of the “lines of the Civil War,” its logic involved a determined stand against what had then become the most flagrant abuses of public privilege, represented by corporations, increasing their combinations to- control not only business, but the governments of the country, Municipal, State and National. If some, on one side and the other, forced then into the focus of the long and bitter contention which followed, may now conclude that they “fought not Wisely, but too well,”——-they may the more readily concede the right and duty of the future historian to do justice to “all concerned,” that intelligence, hereafter, may the more easily develop the permanent results of reason. In his speech nominating James S. Hogg for Governor of Texas, Horace Chilton has left a record, which, if comprehended in its historical connections, will explain to the generation following much they can never understand otherwise in their own life and action. If eloquence is saying all that is necessary for the purpose and no more, the speech is a model of its class. (See Biographical Data, Chilton, Hogg, Mills, Reagan.) 92 9 HORACE CHILTON 93 THE CRISIS OF 1890—NOMINATING JAMES S. HOGG (Delivered before the Democratic State Convention at San Antonio, August, 1890) Mr. Chairman and Gentlemen :— MY PURPOSE in rising is to take a formal but, to me, deeply interesting step in your proceedings. It is to bring before the bar of this Democratic assemblage the name of a candidate for the highest office in your gift,——one whose nomination is so far settled in advance that every moment devoted to preliminaries may seem an unnecessary delay. It V would, therefore, be scarcely appropriate for me to eulogize him at length. Whatever result might be expected, upon an ordinary occasion, to follow the skillful use of panegyric, upon this occasion, it would be clearly superfluous. Indeed, in the atmosphere of the still rolling thunders of the people, and in view of the certainty of your approval, even the simplest praise of the candidate almost takes on the color of flattery to power. All that can be done with discretion is to trace briefly the record of his past and from its suggestions draw the picture of a hopeful future. The often told and deeply real story of his early struggles, I shall not now rehearse. But I point you to the fact that from the budding of his manhood on to this triumphal hour, he has dedicated his whole life to one ruling principle,——the execution of his country’s laws. Every office he has held has been one in a process of training for this work. Devotion to it has given impetus and system to his development and furnishes the key to that success which his rash and demoralized critics charge to accident alone. His path of effort was chosen early and has widened as he traveled steadily inone direction. As county attorney, he carried out his convic- tions of right at the risk of personal danger and political defeat. As district attorney, he followed the guiding star Of duty with unflagging step. As attorney-general, he has moved straight on through what has seemed to be the frowning gorge of disaster, with eyes fixed on the same bright light, and his feet are now firmly shod for the perils of the future._ His name is one which for more than four months has been upon the tongues of men and women throughout Texas. In the saw-mill camp, where plank chimneys tell the tale of hardship and roving; in the log cabin of the small farmer, whose only stake in life is a strong arm and a freeman’s ballot; in the homestead of the thrifty landholder, whose rich fields bring yearly the means of sure subsistence; in the rough bed of the humblest wagon as it toils along the country roads, and in the polished 94 » HORACE CHILTON alcoves of the Pullman sleeper, moving with the speed of the gale,——every- where one name has been played upon, cursed, praised and pondered until everybody feels that our next Governor is an old acquaintance. And to Texas, that we all love, he is an old acquaintance. If the son of Georgia takes honest pride in the great men who have sprung from her rocky ridges, and the Virginian fondly dwells upon the names of statesmen who were born upon the bosom of the Old Dominion, shall not the Texan feel just delight to reward him, the worthy, who from a home upon one of our own red hills first looked upon the flaming heavens? In all the places our favorite has filled, enemies have been created;— for how few of us can be satisfied that measures which interfere with our plans can be advantageous to the country at large! So it is that special influences, strong in number and in power, and with embittered knowledge of his vigor as a public officer, have undertaken to defeat him fer Governor. Others, blinded by the dust which clamor raised, have joined the same band of opposition. But all in vain! The people have sustained him. They have pierced motives with the unerring judgment which belongs to great masses of men. They have reached conclusions with the force of an inspiration. They have seized him,—not he, them! They have laid their hands upon him in affection and confidence. They have sworn him to their cause. Thanks to their efforts, the false badges of “business danger,” “terrorized capital,” and “railroad confiscation” have been thrown to the ground as fast as his defamers have picked them from the mud and sought to fasten them upon the banner which he holds. The people made the Democratic party. They love the Democratic party. They are the Democratic party and its flag is theirs. They have put our candidate in the vanguard of their organized hosts, and have marched thus far with a tread that echoes over and across our own borders to greet the ears of patriots in far distant States. But here in this hall, resounding to Democracy, our chapter of history ends and our chapter of prophecy begins. His election 15 a moral certainty. Then the curtain rises on scenes of difficulty. Vested with responsibilities which come with double burden 1n this season of upheaval, the champion and central figure of the Democratic party of Texas, his will be the arduous task to clear- away obstacles and make the great reform which the people have confided to his generalship a living letter of reality. His will be the post to maintain the dignity and authority of Texas by every means which thought can shape, discretion approve and honor justify. And from the energy, caution and ability which have safely led him through all the years of an eventful past, we have a right to believe that when the record of his two years’ term is presented to the Democratic voters of 1892, they can take proof to their hearts that the pillars of their confidence have been built on the granite and not on the sand. _ I will not offend your intelligence by supposing it useful to speak in his 3:? ll [.113 HORACE CHILTON 95 personal vindication. Pursued by the slanders of exasperated enemies, he still stands out above them all, with the clearness of a monument and the firmness of the rocks. From this day forth, let all Democrats turn their backs upon the sham picture which paints him as a dark destroyer with uplifted sword, cutting the threads of our industrial progress. Let us look at him as he is,-— as the man who sees in that star which represents our glorious State not only the symbol of territorial greatness and material wealth, but of sovereignty and justice,—as the man who would make every one of the five points of that star as sharp as pikes to those who would trample upon it, but arms of welcome and support to those who cross our border and ask no privilege but the protection of our equal laws. Enough! I present to you a native Texan, a fearless officer, a true Democrat, strong in body and in mind,——him I nominate for Governor, James S. Hogg. RICHARD COKE. (Governor of Texas, 1874-76; United States Senator for Texas, 1876-1895) HEN addressing the Texas Legislature in January, 1875, Richard Coke represented, as the first Governor after the “Civil War period,” the politics of an embittered past which he strove with all the power of his mind to make a peaceful future. The con— ditions in Texas from 1865 until his inauguration had been those of political anarchy, which he reviews calmly and concisely, saying enough and no more. The scope and correctness of his judgment of general con— ditions, as then expressed, is remarkable. In the Congressional elections of 1874, the consequences of the “Liberal Republican” movement, appar- ently defeated in 1872, showed in the election of a Congress with a majority distinctly opposed to the military control of “the States lately in rebellion.” Foreseeing in this the opportunity for Texas to work out its own permanent restoration to the peace basis, Governor Coke defined the political principles of peace and order with masterly ability. The exordium of the address, before he begins dealing with details which belong to the routine of a formal message, will not suffer by comparison with the best in American oratory. (See Biographical Data, Coke.) PRINCIPLES OF PEACE AND ORDER (From his Message of January, 1875) RECONSTRUCTION REVIEWED To the Senate and House of Representatives of Texas, in Legislature assembled. Gentlemen: —— 1‘ IS with sincere pleasure that I greet you today, fresh from the people, knowing their views, opinions and wishes, bearing their confidence and prepared to give expression and legal force to their will. A co-worker with you in a different department, but one which blends harmoniously with yours in discharging its most important functions, I tender you my best efforts, and heartiest co-operation in the execution of a common trust, for the benefit of a common constituency. The Legislative and Executive departments of the government, constituting the law making 96 game We" fidenfie Mandi long int 0 game making RICHARD COKE 9-7 power, meet today in council, in obedience to the Constitution and laws of Texas, to consider, devise and sanction such measures as the public weal requires. The circumstances under which you assemble are auspicious. How striking the contrast with those which surrounded your first convoca- tion, one year ago? Then darkness and gloom brooded over the land, and over the hearts of the people. Forebodings of danger to popular liberty and representative government, caused the stoutest and most patriotic among us to tremble for the result. A conspiracy, bolder and more wicked than that of Catiline against the liberties of Rome, had planned the overthrow of free government in Texas. The Capitol and its purlieus was held by armed men under command of the conspirators; and the Treasury and department offices, with all the archives of the government, were in their possession. Your right to assemble in the Capitol, as the chosen representatives of the people, was denied, and the will of the people of Texas scoffed at and defied. The floors of the halls in which you now sit, had been examined by the conspirators, and it had been ascertained that the armed forces entrenched in the basement beneath, could pierce them with their missiles if necessary to attack you. The President of the United States was being implored to send troops to aid in overthrowing the government of Texas, chosen by her people by a majority of fifty thousand. The local and municipal officers throughout the State in sympathy with the infamous designs of these desperate and unscrupulous revolutionists, taking courage from the boldness of the leaders at the Capitol, were refusing to deliver over to their lawfully elected successors, the offices in their possession. A universal conflict of jurisdiction and authority, extending through all the departments of government, embracing in its sweep all the territory and inhabitants of the State, and every question upon which legitimate government is called to act, was imminent and impending. The Treasury of the State was bankrupt, even trust funds, protected by special guarantees of the Consti— tution, had been plundered. The credit of the State was deeply dishonored, and warrants on her Treasury were being hawked for sale in the streets of the Capitol at ruinous discounts. All was doubt, suspense and anxiety, and Texas seemed on the verge of a convulsion, the consequence of which no one could foresee, and brave men trembled to contemplate. How changed the condition now! All is bright, hopeful and cheering. Free government is re-established; the sovereign rights of the people vindicated; public confidence restored; State creditredeemed; official accountability recognized and enforced, the country prosperous and the people contented. While much remains to be done in the solution of the great questions of race, education, monopoly and taxation, and many evils entailed by former mal-administration, as well .as those that were inevitable sequences of the great social and political revolution through which we have passed, still, remain with us; yet the operations of our governmental system are 11—7 98 RICHARD COKE healthy and steady, and in due time, with the lights which experience and a more intimate knowledge of the subjects to be dealt with, will throw upon them at each step of its progress, I have no fears, but that a solution of them in accordance with correct principle and good govern- ment, and in the interest of humanity and progress, will be evolved, and that abuses in administration, and errors of legislation will be corrected and reformed. Abuses which have taken deep root, and errors which have been sanctioned by years of acquiescence, cannot be eradicated and cured in a month or a year. A State which has been rocked with the throes of revolution for twelve years, whose society, laws and institutions have been unsettled, and in a great measure overturned, cannot in a short period be adjusted in its new relations, so that its machinery of govern- ment will run smoothly without jarring or attrition. Time is necessary . after the‘health of the body politic is restored, to do this, to fit the parts to each other, and to adapt the whole to the new conditions of society. An impatient and unreasoning expectation of immediate and thorough reform in government, upon a change in administration, after a long period of misrule and unrest, before a policy can be developed and bear its legitimate fruits, will always meet disappointment. Since the first meeting of your honorable bodies much has been accomplished in the direction of good government, and the way has been made plain and easy for the accomplishment of much more. The people of Texas have their government in their own hands, and its excellence will depend upon their Wisdom. I have an abiding faith that they are equal to the great task before them, and that your honorable bodies, as their more immediate representatives, will wisely and truly represent them in all that comes before you. THE AMERICAN UNION RECOVERING FROM WAR Looking beyond the workings of our own State government, the present prosperity and splendid future of Texas, into the broader field occupied by the national government, we find abundant evidence in the recent unprecedented uprising of the American people, that there too, the great work of reform has commenced—let us hope, to be prosecuted until honest, economical administration, inside of the limitations of the Constitution, under just and equal laws, is attained; until the machinery of the Federal government is no longer used to stir up strife and conflict in the States, and create necessities, real or fancied, for Federal intervention in affairs of purely local concern, and the moral and intellectual forces in each State are “let alone,” to contend, without outside interference, for the mastery in directing and controlling its government; until gunboats and battalions shall no longer, under the Federal flag, menace American cities, and the lives and liberties of American citizens, and free suffrage is not intimidated and overawed on pretexts invented and brought about by RICHARD COKE 99 it: Federal agents; until American citizens are protected in their lives and .i property against foreign desperadoes, robbers and thieves, and a corrupt at: Indian ring ceases to fatten on the blood and toil of the frontier; until :n. the burdens of government shall rest equally, according to wealth and at population, upon every section of the Union, and capital and monopoly, {gt rather than the people, shall cease to be the ruling power of the govern- ;gfg ment; until rings and combinations shall no longer be permitted to plunder it the Treasury, and manipulate the policy of the government to their 3qu ‘ advantage, and official accountability and integrity is restored; until the m3 farmer and producer is emancipated from thraldom to the manufacturer of; and capitalist, and labor meets its legitimate reward; until each State 31- 7 in the Union is recognized as the equal of any other State, and all share alike the benefits of a common government, while none shall bear more tie than its just share of the burdens; until the Constitution shall be the ,7, supreme law for all the States, South as well as North, for Louisiana and an Massachusetts alike, and the national flag shall symbolize to the people of both, the beneficence as well as the power and greatness of the republic, and shall equally challenge their admiration and affections; and last, and above all, until the people of the States of the South can feel, as it is their hearts’ most earnest desire to feel, that they too have an interest in the common government, a pride in its greatness and glory, a joy in its prosperity, a destiny wrapped in its perpetuity, and in it an inheritance for their children rich and priceless. The late popular manifestations point to these as possible, even probable results in the near future, for which the South today lifts its great heart in gratitude to the Ruler of the Universe, and for the first time since the beginning of reconstruction breathes freely, and feels some security against destruction. We rejoice, but our joy is that of patriots, not partizans. We think we see in this great revolution, in which the people have thrown down and trampled X upon their former leaders, the beginning of a real union, a new recon- ‘ed struction, not devised by crafty, heartless and corrupt politicians, in the i ” interest of party and based on revenge and sectional hate; not written in statute or covenant, but welling up from the hearts of the people, North, East, West and South, prompted by love of country, of liberty, l” and of free government, and by a recognition of the perils which surround them, to which they have just been awakened—a reconstruction, cemented by a broad and comprehensive patriotism, including all the States with all their people, which, forgetting the past, remembers only that we are now citizens of a common country, bound in a common destiny, and menaced with a common danger. Such reconstruction means peace, recuperation, building up, fresh energy and renewed hopes of a bright future for the South, home rule for all the States, honest constitutional government for the Union, and prosperity and common brotherhood for the people. Duty and patriotism alike dictate that we shall do all in our ere—3; w'k“ :; a Q— : 4;; < IOO RICHARD COKE power, to bring about and hasten such a consummation; nothing should be wanting on our part to show heartfelt appreciation of the great move- ment, and earnest co-operation in it. While standing unyieldingly by the principles of government, we believe to be correct, and maintaining inviolate the faith that is in us, we should put our feet upon every narrow and sectional feeling, and embrace in our efforts and aspirations, the glory and advancement of the whole country. ACCEPTING THE CIVIL WAR AMENDMENTS The Constitution of the United States, with its amendments, is the supreme law of the land; let us yield it true homage and bear it true allegiance, and in good faith maintain the union it ordains. Let the laws of Texas be just and equal, bearing on all alike, protecting all alike, and administered with an impartiality which shall know neither class nor color, and let their enforcement assure safety to the life, liberty and property of all. Let education permeate the masses of the people, training them for the duties of citizenship, to an understanding of the Constitution and workings of the government, so that each citizen will be a sentinel who will give warning of the approach of danger, and thereby preserve purity of administration while perpetuating free government. Let free speech and respectful toleration of opposing opinions prevail, and every citizen pursue his own happiness in his own way with no One to molest or make him afraid, subject only to the laws of the land. In a word, let our conduct, our utterances, and the action of our State government, render assistance to the brave, true men of the North, the East and the West, and hold up their hands in the great struggle they are making for Southern emancipation, honest government and a fraternal union. If we are but true to ourselves and the best interests of the country, the day of deliverance is at hand, and the people of the South may soon rejoice in the blessings of good government, and a just and equal union. In pursuance of the constitutional duty of the Executive “from time to time to give to the Legislature information in writing of the condition of the State, and recommend to their consideration such measures as he may deem expedient.” I now proceed to call to the attention of your honorable bodies, the leading and more important subjects of general State interest, making such recommendations touching them as occur to me to be expedient, and to furnish for your consideration the information of the condition of the State in my possession. REVISING THE CONSTITUTION The present Constitution of Texas, is by universal consent, admitted to be in many essential particulars an extremely defective instrument, and a barrier to many reforms desired by the people, and necessary to good government. Many of its provisions are incongruous, inharmonious and RICHARD COKE IOI repugnant, when considered with reference to each other. Its restrictions are so many and various, and descend so much into legislative detail, as to present embarrassment at almost every turn in legislating, to meet the most ordinary vicissitudes of society. Its restrictions and its affirmative mandates are alike in many instances, at war with the views of proper policy of the people of Texas. Some of its provisions are oppressive; many are inconvenient to the people in practical operation, and others again are positive, obstructions to much needed legislation. In its incon- gruous, repugnant and heterogeneous provisions, is faithfully reflected the extraordinary character of the assembly, and the disordered times which produced it. Necessity forced it on the people of Texas, and held it on them until the first meeting of your honorable bodies. Prudence and policy, prompted submission to it from then, until this time. No reason exists now for longer submitting to it. The causes which one year ago rendered it imprudent to call together a constitutional convention, have ceased to exist, and the time and temper of the people, are propitious for the work of constructing a new constitution. We no longer fear Federal interference; we are not hampered with financial embarrassment; the popular mind is free from passion or excite- ment, and views the great questions to be solved, through no discolored medium, and last, but not least, for twelve months past, the thinking men of the State have been studying and investigating the subjects to be dealt with in framing a constitution, and are now prepared to act. I therefore, recommend that your honorable bodies make provision by appropriate enactment for assembling at the earliest practicable day, a convention to be composed of delegates elected by the people, to consider of and frame a constitution of government for Texas. This convention in order that its labors may be submitted, and the elections that it may provide for, may be held during the ensuing summer or fall, it is suggested should commence its session, if possible, in April, and it is hoped will not be deferred beyond that time. I suggest as a convenient number that this convention be composed of ninety members—three from each Senatorial District—the same as the popular branch of the Legislature, that number being sufficiently large to make the body fully representative, and not so large as to be unwieldly. If your honorable bodies shall concur with me in believing that the necessity exists for a constitutional convention, and that the popular demand for one should be promptly responded to, I further recommend in view of the assemblage of this body and of the possibility or probability that any general legislation done by your honorable bodies may be superseded by, the action of the convention, or the Legislature which succeeds it, and of the expense of a long session, that no action be taken on any subject which may be postponed without manifest detriment to the public interest, and desire that the suggestions RICHARD COKE 102 and recommendations hereinafter made, may be taken subject to this qualification. LAWLESSNESS AND CRIME Much has been said by the public press, and by individuals, of the prevalence of lawlessness and crime since your honorable bodies were last in session, and it must be admitted, not without some foundation; but it is a curious fact, that during the past twelve months, and especially during the time when acts of lawlessness then occurring, were the engrossing topics of public and private comment, the criminal laws were being administered with a vigor and efliciency never before known in Texas. There has at no time in the history of the State been so much promptness and energy, in enforcing the penalties of the law upon criminals, as there now is. Public opinion, the mainspring and propelling power of the law, is more exacting in its demands, and more healthful in its operation upon officials charged with the administration of public justice than ever before. That this is true is proved by the reports of district clerks of convictions of felonies and misdemeanors, and the not infrequent infliction of the death penalty heretofore so rare. According to partial reports from about one-third of the counties, from fifteen hundred and sixty-one trials on different criminal charges, there resulted nine hundred and eighty—one convictions. The report of the Inspector of the Penitentiary shows that on the first day of September, eighteen hundred and seventy-three, there were in that institution eight hundred and eighty-three convicts, and that from that date to the first of September, eighteen hundred and seventy— four, a period of one year, eight hundred and fifty-three convicts were received; an average of a fraction over seventy-one per month, and coming within thirty of the entire number before that time in the Penitentiary. This exhibit includes only felony convictions. When to this is added the great number of convictions for misdemeanors and minor offenses, it is believed, taking population as the basis for comparison, that no State in the Union can show so much vigor in enforcement of criminal laws as these results show in Texas. It is impossible that the people through whose moral influence these results are attained, can be other than law- abiding. They could have been achieved only through a healthy, steady public sentiment, at all times an indispensable support of the law, and without which it cannot be executed. That criminal violations of the law have been frequent and sometimes flagrant, is true; but it is also true that the prescribed punishment has usually followed swiftly upon the heels of the offense. It is an historical fact that new countries in process of settlement, and until their population have time to become assimilated and homdgeneous, have always been the theaters of lawlessness and crime. These characteris- tics have been inseparably connected with the settlement and early growth RICHARD COKE 103 of every new State and Territory in the Union. The more rapid and luxuriant the growth and development of the country, the more marked and excessive have been these invariable accompaniments of violence and turbulence. The frontier and the border have always been especially subject to these inevitable disorders. They are the natural outgrowth of incipient and semi-organized society, which under a republican government, cannot be repressed, and which time alone, with the best efforts of the authorities, can fully correct. ' Texas has an Indian frontier and a Mexican border of not less than fifteen hundred miles, on which her people of necessity wear arms habitually for defence. Five-sixths of the population of Texas may be found in one-third of her territory. The remainder of the country is in the common acceptation, frontier. The immense tide of immigration now and for several years past pouring into the State, with for the most part good, brings some bad people. Our railroad connections furnish easy access to Texas for lawless and desperate men from other States, as well as for the good citizens, and they are not slow to avail themselves of the inviting field for their operations, presented by the peculiar sur- roundings of society and the country. When to these considerations we add the demoralizing results of the late Civil War, it becomes a matter of wonder, not that so much but that no more of crime and disorder prevails in Texas. With such conditions surrounding her, the difficulty of maintaining peace and good order in Texas will readily be perceived by all, while the official reports before referred to, must convince the most skeptical that the government and the people are addressing themselves in earnest to the work, of executing the law and putting down crime. In order effectually to accomplish this result, recent experience has shown that it is necessary to give more strength and vigor, to that department of the government which is charged with the duty of executing the laws. No officer should be expected to exercise powers with which he is not invested by the Constitution and laws of the State, nor should any officer he held responsible for results which a proper exercise of his constitutional powers will not enable him to prevent or avert. He should be blamed only for a failure to use the means at his command, and the powers which belong to his office. The Executive has been freely censured, because during the past summer, when lawless men committed crimes in some three or four counties, under circumstances which attracted unusual attention, some extraordinary means were not taken to vindicate the law. An impression seems to prevail among otherwise well informed people, that the Governor is invested with an undefined general power, co-extensive with all the possibilities and contingencies on which the interest of the State, or a portion of the people, might be subserved by the exercise of power. No opinion can be more erroneous. The powers of the Governor are conferred by the Constitution and laws made in pursuance of it. If a power is not granted expressly or by clear implication to . :7; i i b 41 l .I~ ,. 4 104 . ' RICHARD COKE the Governor, he has no right to exercise it. It was said by a distinguished judge: “The Constitution is a limitation upon the powers of the legislative department of the government, but is to be regarded as a grant of powers to the other departments. Neither the Executive nor the Judiciary, there- fore, can exercise any authority or power except such as is clearly granted.” Looking to the Constitution for'the grant of power to the Governor, it is found that Article 7, Section 1, provides that “the Governor shall have power to call forth the militia to execute the laws of the State; to suppress insurrection and repel invasions,” and the provision in Article 4, Section ID, that “he (the Governor), shall take care that the laws be faithfully executed.” The Governor of Texas derives all his general powers for enforcement of the ordinary criminal laws of the State from these two clauses of the Constitution, and that clause which makes him commander-in-chief of the militia. And except $5,000 appropriated for the recovery of fugitives from justice, which can only be drawn for payment of rewards offered for the apprehension of criminals, and the expenses incident thereto, there is not a dollar at the command of the Executive, which can be expended in enforcing the laws. The sheriffs and the district attorneys, the principal agents for the execution of the laws, upon whose vigorous discharge of duty depends more than on all others combined, their proper enforcement, are as well as all the other officers of the executive branch, perfectly independent of the Governor. He may advise; he may urge; he may enjoin them, but he cannot command, and they may with perfect impunity, treat his best efforts with indifference. The Governor is required to “take care that the laws be faithfully executed,” but none of the agencies provided by the Constitution and laws, for enforcing the laws, are placed in his hands or under his control, or anywhere within his reach. In those rare cases where the local authorities of a county are unable to execute the process of the courts, and to preserve the peace, by reason of combinations too powerful to be overcome by them, the Governor may call out the militia to their aid, and he may to the extent of the appropriation for the purpose, offer rewards for the arrest of the fugitives from justice, and make requisitions for them when they have fled the State, but beyond these cases, his action has no inherent potency, and is simply advisory. The practice which has obtained in latter days of filling out byexecutive usurpation, supposed shortcomings of the Constitution and laws, is one which I have always condemned and do not propose to fall into. The officer who substitutes his own notions of expediency for those of the people as expressed invthe Constitution, and deliberately oversteps the bounds prescribed in that instrument to his authority by exercising powers not granted him, is to say the least, an un- safe custodian of a public trust. If in apportioning the powers of govern- ment among the several departments, experience has shown that the execu- tive branch has not received enough of power, to make it sufficiently ener- getic and vigorous, the Constitution and laws should be changed, and that RICHARD COKE , £05 department strengthened in a legitimate way, and there is no better mode of bringing about that change, than by faithfully observing and executing the Constitution and laws as they are, thereby exhibiting their defects and shortcomings. It is apparent, that as at present organized in its Constitution and laws, the government of Texas is deficient in executive force and energy. I state this proposition not in the sense which will restrict its application to the chief Executive, but in its broad and general signification, which embraces all the agencies created for the enforcement of the laws. Our criminal code is an admirable one; the few defects in our code of criminal procedure are of form rather than of substance. The sheriffs and district attorneys furnish the chief propelling power in put- ting the laws into execution. The great majority of these officers are able, efficient and faithful, but as may always be expected, there are a few of both who are weak, inefficient and incompetent. PEACE AND ORDER DEPENDING ON THE SHERIFF The sheriff is the mainspring of the law in his county, its right arm, as the district attorney is in his district. I state it to be a fact established by universal experience and by the records of the country, that when those offices are filled by capable, faithful and energetic men, the laws are vigorously executed, and peace and good order prevail; but that when either of them are filled by incapable and inefficient men, nothing but an unusual amount of moral force among the people, will preserve the country from disorder and lawlessness. I have never known a case of jail breaking, and administration of lynch law to prisoners, that would not have been prevented, if the sheriff had shown to the mob that he intended to make a bona fide resistance, and it is only such ofiicers as it is known will surrender their prisoners that are called on to do so. Of the four or five instances where jails were broken and prisoners executed last summer, in no one of them can I learn of any resistance made by the officer in charge. There is not a county in Texas where there are not enough of honest, law-abiding, public spirited people to maintain the law and public order, where they have the leadership of a faithful officer; but the moral force of the community must have a rallying point, and if their chief executive officer fails to furnish it, that force so essential to the execution of the laws is not developed, except; perhaps, in the criminal way of hanging offenders on a convenient tree, after despairing of their being brought to justice by the officers of the , law. In view of the paramount importance to a proper administration of the criminal laws that the offices of sheriff and district attorney should be filled by competent men, there should be no tenderness for those whose inefficiency in those positions imperil the peace of whole communi- ties, but the. Constitution and laws should be so changed as to furnish a short, decisive and summary method of getting rid of them. -—-From the Official Text. W. M. COLDWELL (Of the El Paso Bar) FTER making the speech on Duluth, which is his title to immortality, Proctor Knott repented it and tried to live it down that he might go into history as a jurist and a statesman. He could not succeed, nor will W. M. Coldwell, of El Paso, succeed in escaping perennial memory as the author of the speech which follows. He has made other important speeches which have no suspicion of humor in them. So have many other orators of note, but no other orator, in Texas or out, has made such a speech as this. It is safe to say that no other orator ever will, now that the El Paso of the ’Seventies, when Richard Coke was re-asserting the principles of civilization, has passed forever beyond its heroic age into the monotony of the telephone and the self- starting patrol wagon. Those who wish to assume that Mr. Coldwell is supplying data for sociology and ethics, may compare Coke, ante— though between “Coke” and “Coldwell” in this connection there is no other collusion than that of the alphabetical order. Mr. Coldwell was born in Madison, St. Francis County, Arkansas, June 25, 1855, his parents being natives of Tennessee. Since locating in El Paso “in the Sage Brush Days,” he has been an honored member of the bar of the State, more influential in many ways than he has ever cared to claim. This is characteristic, for he has hardly cared to claim the masterpiece of Texas humor of which he is the author. HOW CIVILIZATION CAME TO EL PASO (Delivered at a meeting of the Bar‘ Association of El Paso, under the title, “Law and Lawyers in the Sage Brush and Chaparral Days”) Mr. President, Honored Guests and Professional Brothers:— WITH a natural modesty, so unobtrusive and retiring that it has 7 never ventured to expose itself to the observation of my oldest acquaintances, and which has been increased by many years connection with the most diffident of professions, I was at loss to conjecture the reason why I was selected to respond to any toast on this occasion, but at last the truth dawned upon me—not at once—not with one burst of 106 loll 3X35 title; W. M. COLDWELL 107 assuredness and splendor, as the tropic sun sweeps out of the mid-Pacific, but slowly, painfully, and with infinite reluctance, as the consciousness of error upon an Appellate Court during the argument of a motion for a rehearsing. Bacon has said: “Some men are born great, some achieve greatness, and some have greatness thrust upon them”; but Bacon’s genius, universal as it seems, was not broad enough to grasp all the limitless possibilities of nature. Some men acquire greatness by some one or the other of the paths he mentionS—some men, gentlemen,‘but some is a collective word, implying plurality; and, what is more to be noted, equality among its members, while one man, and one alone, has practiced law in El Paso for nearly thirty years, without following the majority to the grave, or his clients to Huntsville. With proud modesty, I confess it——I am that man! Sieyes, when asked: “What memorable thing did you do in the time of Robespierre ?” answered: “I survived”; and I adopt that answer as a sufficient explanation of my present honors. Death and the sheriff have been busy among my contemporaries, and I stand solitary and alone, in all the magnitude of isolation, in the solitude they have made. What were the horrors of the Red Days of Terror in comparison with those I have witnessed and survived :-—When Billy the Kid was abroad in the land; when, if you stepped out in the gloaming to chat with your washerwoman’s daughter solely as to the possibilities of her mother’s surrendering last week’s washing without cash payment—— you had to beat a band of rustlers and a pistol ball or two in a mad dash to your room, only to find a man to whom you owed a small poker balance in possession, awaiting your return; when drinks sold three for a dollar, and board, without lodging was $60 a month, payable (by lawyers) in advance; when any stage might bring an oflicer with an extradition war- rant for the city-looking stranger—the only man in town who wore a waistcoat, and who was anxious to learn poker, and who stood treats to the crowd a dozen times a night down at Ben Dowell’s; when, after you had spent valueless time and invaluable sotol in making the opposition attorney too happy to think of such a little matter as filing an answer, you were apt to be informed by the sheriff on default day that he had a note from the judge at the other end of the district that the stage company would not take state warrants for stage fare, and to adjourn court for the term. The uncharitable have said that our tribulations were the just and natural consequences of our characters and conduct; that in those days few mothers had marriage certificates, and fewer men had names that would be recognized back where they came from; that there was not a horse that had not changed owners without such formalities as bills of sale and the payment of a consideration; that if Kipling had been in El Paso thirty years ago he would not have sung anything about Suez, the Ten Commandments, and thirst, but would have plagiarized Saulsbury, who a 108 w. M. COLDWELL generation even before my time, summed up the situation, substantially as follows: “Where the Rio Grande ripples, when there’s water in its bed; Where no rum is ever drunken,—-—all prefer mescal instead; Where no lie is ever uttered,——being nothing one can trade; Where no marriage vows are broken, since the same are never made.” But such men are malicious slanderers Who will speak evil of anyone—even of a lawyer. We did not have to keep up with the reports in those halcyon days; and the consultation of authorities was pleasantly brief. The first volume ”of Blackstone, Tidds’ Practice, Cruises’ Digest, and a backless copy of Oldham & White’s Texas Statutes, constituted the joint and several, indi- vidual and collective library of the El Paso Bar. The year before I was admitted, all the criminal cases were continued by operation of law. The deputy clerk had lost Oldham & White; his brother-in—law was under indictment, and the state’s only witness was a hopeless consumptive. The deputy was discharged, but as there were no fees attached to the office he did not object. The witness died and the indictment was dismissed. ' The fraternity had a keen eye for merit—they detected mine. I wonder why litigants have not been equally discerning. It is true that one of the members of the examining committee held office under my father; another had borrowed $5 from me the day before (it was all I had—he asked for $10), and the third was a constitutional and skeptical misanthrope in the last stages of a mortal malady, who hated this world and feared no other. But these facts were not the basis of their report; at least, they did not mention them. It is a proof of the slowness of retribution, that two of these misguided men survived, apparently untroubled by conscience, for three or four ,years; the district judge did not live so long—and I never knew his excuse. I have said little about the practice of law in those antediluvian days—— the essay on the snakes in Ireland was necessarily brief—for there was very little litigation in a country where land had no value, men‘no credit, and it was a breach of manners to mention the criminal code. It is true we had most of the paraphernalia of justice—judges, sheriffs, lawyers and juries; nothing was lacking except clients, and if a few were found it was a practical impossibility to get the judge, sheriffs, juries and attor- neys all sober at the same time so as to constitute that majestic and collective whole denominated a court. If it was ever done, the litigants cast one startled look on the assemblage and compromised their cases. There is an uncorroborated tradition to the effect that one or two of us had pay clients, but no lawyer was so verdant as to try a case as long w. M. COLDWELL 109 as his employer was able to continue paying “refreshers.” When a client went into bankruptcy it was a waste of time to do so. Yet life had its compensations; democracy was still keeping house with Jeffersonian principles for furniture and had not yet traded them off for anew assortment at the second-hand store with the former proprietor thrown in as Mayor Domo; there were no Courts of Civil Appeals, and no Federal Judge had ever held court within five hundred miles of El Paso. District Judges died numerously, suddenly and violently. 'We had six in five years. One signed another man’s name to a quit-claim deed, and an appreciative State (it was an Austin jury that did it) gave him board and lodging and variegated clothing for a term of years in a retired institution; the next one was killed by a lawyer to whom an ungrateful profession has denied a monument; another was impeached because he was a Republican and was drawing a salary that a Democrat needed. Besides, he was an'unnaturalized Englishman Who wanted lawyers who didn’t have shirts, to wear horse-hair wigs and barristers’ gowns. Still another perished in the midst of a popular uprising, and his successor was so horrified by the terrors of his situation that he temporarily lost the possession of his faculties and thus became qualified for election to the Texas Legislature, to which ofiice he was condemned before he recovered his senses. Slight premonitory shocks announce the earthquake’s awakening. Tom Falvey came to the country as district attorney. He had limitless methods of expenditure, and only one of acquisition—fees for felony cOnvictions! From the Conchos to the Rio Grande and back again, he ravaged in our midst, like a wolf in the fold, or the Court of Criminal Appeals among the precedents. The road to Huntsville was one long procession of down- cast convicts. The hillsides resounded with the flying footsteps of those who fled to escape contributing their labor to the State and $30 to the District Attorney. Arizona and New Mexico date their growth from Falvey’s District Attorneyship. The population of Fort Stockton fled in a body. Fort Davis became nothing but a stage stand; San Elizario lost 200 in a single night, and the population of the county as shown by the census, decreased twelve hundred. The second ward had but three voters left; the rattle of the Chuzas balls was no longer heard in the land; grass grew rankly on the dirt floor in front of Ben Dowell’s bar. Then came the reaction. Patience was exhausted. The few survivors assembled and gave the too-zealous District Attorney the choice of a vigilance committee or the district judgeship. He chose the latter, took sanctuary on the bench and remained there for fifteen years, till the lapse of time and the advent of a new generation enabled him to descend with comparative impunity. For a time, there was an attempt to resume the ancient life, but half-heartedly and dejectedly. For two months there was but one man killed between here and Limpia; and he was an overland 110 W. M. COLDWELL passenger, who took a drink from his flask without first inviting the stage driver. Ben Dowell died. The next day Roy Bean crossed the Pecos bringing with him the law and the latest bill of costs. Then came the avalanche of railroads, telegraph lines, high fives, democratic primaries, ward heelers, and all the other paraphernalia of civilization and metro- politan society. Some of you gentlemen came in on the flood. From your influence and example we pre-Adamites derived unspeakable benefit. All things die; poetry and romance, song and saga disappear in the presence of Brad- street’s Agency and real estate broker’s commissions. There are golf . links on the plain of Marathon; summer hotels at Delphi; a switchback railroad on the Roman forum; a national bank on the site of the saloon where Conklin died in the prettiest gun fight ever seen in El Paso; nightly the Salvation Army lassies pass the hat on the very spot, where Studen- meyer demonstrated the superiority of the hip shot. Some may think that I have taken advantage of the absence of wit- nesses to exaggerate the occurrences of other days. I indignantly deny the imputation. I have adhered to the rigid record of the facts, with all the conscientiousness of the attorney for the plaintiff in his closing address to the jury in a suit for personal damages against a railroad company. The past is gone, and has left me as its most precious legacy to the present. I do not regret it, but occasionally I have melancholy reminders of vanished and irrevocable days. Only last year I saw Roy Bean lionized and treated by a carload of Pullman passengers, while I sat unnoticed and thirsty in a corner. I have my compensations: I am the survivor of my generation, and have generally had trousers that enabled me to wear short coats, while only gallantry prevented me from turning my back on a lady. The elders of the House of Jacob perished in the desert on the exodus from Egypt. A favored few were allowed to climb some Nebo of expectation and take a glance across Jordan at the goal of Hope; but I, like Joshua, have crossed its waters, and have been permitted to dwell for a season in the land of promise. As I look around me, I compare the present with the past. I see sixty lawyers seated at a banquet board, loaded with the products of many countries and irrigated with the choicest vintages of France, California, and the rectifier (procured on credit; the caterer is a new-comer and not well acquainted with the El Paso bar) while thirty years ago it was a matter of extreme difficulty, without a cash equivalent, to procure frijoles, tortillas, and the indispensable tequilla for one. -From an Authorized Text, by Permission. i ii 1‘: 1, TOM CON N ALLY (Thomas Terry Connally, Member of Congress; Captain and Adjutant, 22d In- fantry Brigade, Eleventh Division, United States Army, 1918) ‘ address, delivered by Congressman Connally in the House of Representatives, November 11, 1919, gives a better view of battles of the World War belonging to the history of American inter- vention than is likely to be found elsewhere. Mr. Connally is an effective speaker on any subject, and for this, his special qualifications will not be questioned. (See Biographical Data.) WITH TEXANS IN THE BATTLES OF EUROPE (Delivered in the House of Representatives, on Armistice Day, 1919) Mr. Speaker and Gentlemen of the House:— NE year ago today at 11 o’clock a. m. the cannon ceased to boom and belch in the greatest war of which the historian has given any account—a year ago today the lines of armed men ceased the “bloody business of battle” and rested where they stood—a year ago today our victorious Army completed the heroic task for which it went to Europe and brought peace with victory to American arms. November II, 1918, will mark a brilliant era in the history not only of the United States but in the chronicles of all time, as long as scholars study the struggles of the past or men in contemplation reflect upon the achievements of men and races in days other than their own. As representatives of the people in whose name the marvelous accom- plishments of our Army were wrought, I deem it not inappropriate that we should today pause a moment to note somewhat the progress of the military operations which resulted in such decisive victory and brought imperishable glory to the American soldier on foreign fields. In March and April of the present year I was privileged to be a member of a party of Representatives who visited France, Germany, and Belgium. One of our objects was to visit the battlefields upon which American troops had written such glowing chapters in the world’s history. We knew that America’s admiration would always be directed to these historic spots. We knew that America’s affections would ever attach to those of III I 12 TOM CON NALLY her sons whose chivalric canduct had made them illustrious; and we knew that for those- soldiers who had laid down their lives upon the red soil of France, America and all of her citizens would pour out'their tears and their love in acknowledgment of the great debt which the United States and its people will ever owe to their memory. It shall be my purpose to briefly review the operations and engage- ments in which the American Army participated, in chronological order, but neither in such detail nor in that technical fashion possible only to one much more gifted than myself. Upon arriving in France American divisions were intensively trained in camps and in the trenches with allied organizations before they were actively employed in the line. During this period in the trenches some elements of various divisions took part in local combats and trench raids, but not as units of the American Army. Among the first, if not the first, and most important was that in which troops from the Twenty- sixth Division—the New England division—at Seicheprey, in the Toul sector, came into conflict with enemy raiding parties on April 20, 1918. I BATTLEFIELDS . CANTIGNY On March 21, 1918, began the German offensive in Picardy, which eventuated in the enemy lines being driven almost to Amiens on the west and to Montdidier in the thrust toward Paris. We cannot soon forget the days of anxiety, in which we feared that the fortunes of war would go decisively against the Allies before our troops could reach the front. We cannot efface the memory of the days during which we scanned the headlines and bulletin boards with fear and dread that we might learn that all was lost. The enemy’s effort in this sector was at its very peak. The Allies must act and act effectively or the cause would quickly fail. At this time there were in France only four American divisions whose training and equipment, in the opinion of the commanding general, war- ranted their employment in offensive warfare. On March 28 General Pershing placed at the disposal of Marshal Foch all our troops. On April 26, 1918, the First Division went into the line in the Montdidier sector on the Picardy front. On May 28, 1918, a brigade of the First Division, commanded by then Brig. Gen. but later Maj. Gen. Beaumont B. Buck, attacked Cantigny, a strong German position, and captured that village, holding it against repeated counter attacks. This was the first battle in which an American Army organization as large as a brigade had particio pated. Prior to that time American forces had been brigaded with the British and with the French. In this operation for the first time there was demonstrated the fact that American troops fighting under the direc- tion of their own officers were capable of overwhelming the choicest shock l 2 it i, é if if . l E. E TOM CON NALLY I I 3 troops of Germany. Those of us who come from’ Texas are proud of the fact that in this first major action of the war our victorious troops were led by a Texan and that it was under his direction that the American Army set an example of valorous conduct where all the world might look and see that at last there had arrived upon the battlefield the doughty warriors who were able to bring the issues that had wavered for four years to successful decision. This action, brilliantly conceived and more brilliantly executed, proved the superb fighting qualities of our troops under the most trying conditions, and gave final denial to the boasted invincibility of the enemy. It was the prophetic forerunner of what transpired in the various actions around Chateau-Thierry a month later. BELLEAU WOOD—CHATEAU-THIERRY From Paris we proceeded 45 miles in a northeasterly direction until we reached Belleau Wood near the Marne river. You will recall that late in May, I918—May 27—the German high command, in a last desperate effort to drive a wedge into the Allies’ lines and to throw his forces across the Marne river and envelop Paris, launched his great offensive between Soissons and Rheims. It was here that German forces, by the weight of numbers, were enabled to drive a salient that reached to the Marne, and which threatened the French capital. Like an inundating flood the tide of invasion swept on. The gravest consequences threatened the Allies. The enemy advance was halted by the French and Americans ‘ along a line about 13 kilometers west of the road running south from Soissons to Chateau-Thierry on June 4, 1918. The Second Division in these operations took Bouresches and held it in the face of strong resist-' ance. The Third Division was quickly sent from the south to the Marne. Its machine-gun battalion in advance of the other units reached the bridge . at Chateau-Thierry and held it June I to 4 and prevented the crossing of the Marne at that point. The Third Division remained in its position south of the Marne, holding a line east of Chateau—Thierry from Thierry to a point 1% kilometers east of Mezy until its advance on July 18. During this time a number of raiding parties were sent across the river. At Belleau Wood on June 25, 1918, the Second Division met the Ger- man Army and not only stayed its advance but with determined attack threw it into confusion and transformed seeming disaster into definite vic- tory. Two regiments of marines and two regiments of doughboys—the Ninth and Twenty-third Infantries—performed a feat that thrilled the Allies and dazed the enemy. Belleau Wood is situated a few kilometers to the northwest of the town of Chateau-Thierry. It is wooded and hilly. As we walked over its slopes, evidence of war’s toll of life and wealth met our gaze. Here lay ‘ a broken rifle; just over there could be seen a battered helmet; here a discarded cartridge belt; a little farther along a twisted machine-gun barrel, II — 8 ' a :23 7...: s-Jrlfg‘fi 52:3;9—‘5‘ j; ‘21}; I I4 TOM CONNALLY and over there a piece of high-explosive shell, while above our heads the trunks and limbs of trees were torn by the flying missiles of death. Here and there along the hillside could be seen German boots still housing portions of human feet. We came upon little cemeteries where were buried the Americans who had fallen in action. Above each little mound was an American cross, indicating the name of the soldier, his organiza- tion, and his serial number. American soldiers were then engaged in disinterring bodies buried in scattered graves and bringing them together in a central cemetery where they will repose until either returned to the United States at the request of their relatives or be permanently interred in American National cemeteries in France, whose soil they sanctified by their heroic death. A little farther along we came upon another ceme- tery. Here were buried the enemy dead. Here lay some of the finest troops of the Empire asleep forever unwept and unhonored by the cruel masters of Germany who sent them to their death. Following the action at Belleau Wood two battalions of the Ninth and Twenty-third Infantry captured the near-by village of Vaux and the Bois de la Roche and 500 prisoners on July I. As we stood in this wrecked village we viewed the devastation that had been wrought by the harsh necessities of war. Its population, scattered like chaff before the German storm, was creeping back now that the thunders of war had ceased, to find nothing but the battered stone that once had been their homes. The Twenty-sixth Division relieved the Second about July 10, just northwest of Chateau-Thierry. Just to the east of Chateau-Thierry the German Army in its July 15-16—17, 1918, offensive undertook to throw its forces across the Marne to the southern bank. This attack was made with concentrated artillery support and the Third Division suffered heavy losses. It held its ground stubbornly but was forced to drop back slightly on account of the with- drawal of the French on the right. Here it was that a regiment of the Third Division, in the language of General Pershing, ,“wrote one of the most brilliant pages in our military annals.” Attacked on the front and on both flanks by the enemy who had crossed to the south bank, the colonel commanding the regiment, Colonel McAlexander, later Brigadier General McAlexander, of the Ninetieth Division, so disposed his forces as not only to successfully resist the German attacks but to make successful counter-attacks and throw back two German divisions and take 600 prisoners. It was my privilege to hear from the lips of officers of this regiment incidents of this action. The French army operating in this section had been so decimated by losses and so demoralized by constant attacks of the enemy from the beginning of the offensive, that its morale had been shattered and its powers of resistance greatly weakened. From informa- tion gathered from both private and official sources, it is clear that French 4 4.“;94‘ Ear? troops were in flight, exclaiming as they retreated, “The war is over! It is no use to fight further! The enemy cannot be stopped!” Amidst the despairing French there still remained one stout heart. An officer of the French inquired of an American officer, “Sir, shall we fall back on your positions or shall we die where we are?” As a reply to this heroic and } yet melancholy observation, the American officer ordered the French in ‘ reserve. When the action had been concluded, though the ranks of the Americans were thinned by losses, every uncaptured German that still l lived, was north of the Marne. l TOM CONNALLY 115' 5 l A portion of the Forty-second Division (Rainbow) operated with the French east of Rheims in meeting the German offensive of July 15, I6, and 17, and rendered creditable service in holding its ground. On the right l and flank of the American lines in resisting this offensive the Twenty- i eighth Division (Pennsylvania) performed effective work. I l SOISSONS—CHATEAU-THIERRY—RHEIMS—AMERICAN OFFENSIVE OF JULY I8-AUGUST 15, 1918 Marshal Foch, through his intelligence service, had learned that the enemy, in order to have as many troops as possible for use in the offensive of July 15 near Chateau-Thierry, had weakened his line from the Aisne to Chateau-Thierry. He had also learned that the enemy attack east of I Chateau-Thierry had been planned for July 15. It was then decided to: I. leave south of the Marne only sufficient troops to hold the enemy and " to concentrate French and American divisions between Soissons and ' Chateau-Thierry. It was planned that as soon as the engagement should begin on the Marne an attack should begin between Soissons and Chateau- Thierry, in an effort to cut the lines of communication and force an enemy withdrawal. This operation is known as the allied offensive of July 18, 1918. At 4:45 a. m., July 18, 1918, without any artillery preparation, the First and Second Divisions, with French divisions, attacked the German lines in the vicinity of and south of Soissons. At the notable battle at Berzy 1e See the First Division won a signal triumph and captured this point of vantage. The Second Division and the Twenty-sixth Division continued the attack between Soissons and Chateau—Thierry, and at the same time the Third Division, just east of Chateau-Thierry, crossed the Marne and drove the enemy before it. The F arty-second, Thirty-second, Fourth, Seventy-seventh, and Twenty—eighth Divisions took part in the fighting at various points in the combined drive in this sector between July 24 and September 9, which threw the Germans back to the Vesle river and attained the objectives of the allied offensive of July 18 following the halting of the enemy at the Marne. These attacks on the salient succeeded in crumpling the German defenses and presented the enemy with the dilemma either to be cut off and captured in the pocket near 1 \ (‘ i i :I‘ . van-«‘23:? tIA-ixfla-Y'W z:-‘~; afi:3§?¢:‘§tf7‘"-§¢T CHARLES A. CULBERSON I43 perpetuity of American institutions will soon force him from office and from the leadership of his party. With his retirement from office the patronage, the prestige and the power of the Presidency, through which he has wielded this great influence, will pass from him and the leadership of his party, if it shall succeed in the coming election, will pass to another and the party itself will revert to its natural and normal position as a friend of corporations, the apologist of trusts and opponent of railroad regulation and the income tax, leaving the Democratic party, as it ever has been in reality, the only antagonist of special interests and the only advocate of popular rights. But if it were otherwise, if the President were only in his first term, if the shadow of a Caesar did not bar his way to another election, his temperament and governmental principles do not appeal to the best traditions of the Republic. While he has advocated Democratic policies he is not a Democrat, and for one I am surfeited with the unqualified Democratic laudation of him. (Great applause.) He is extravagant and wasteful in the expenditure of public money. He has entangled us in alliances with foreign nations; he believes in world-wide expansion and the colonization of alien peoples; he has no conception of the fundamental distinction between the three great divisions of government; he favors an absolute and personal government rather than one regulated by law; and finally, my fellow citizens, he is a Federalist of the most dangerous character, believing practically in the obliteration of State lines, in the destruction of the reserved rights of the States and in the absorption by the United States of every governmental power worthy of the name. 'Why, his latest expression of contempt for State authority was in compelling the sovereign State of California to surrender substantially to him its right to regulate its public schools, a right clearly reserved to it by the Federal Constitution, or else be overrun and have its labor conditions disturbed and demoralized by a horde of Japanese laborers and coolies. Indeed, my fellow citizens, when I contemplate the trend of public affairs, while I fear for the future, my love is more intense for the ancient Democratic faith in which I was reared for a simple government, for economy and low taxes, for domestic rather than foreign policies and for the maintenance inviolate of all the reserved rights of the States of this Union. (Applause) SOCIALISM, IMPERIALISM AND CENTRALISM My visit to you tonight will satisfy every purpose and every hope of mine if I can, lodge in your hearts an earnest protest against the spread of personal government, of socialism, of imperialism and centraliza- tion of government that now threatens this fair land of ours. (Applause) What are some of these alarming tendencies to which I refer? Why, my friends, although a young nation, our annual expenditure will neces- sarily increase—this year it will approximate the inexcusable and inde- I44 CHARLES A. CULBERSON fensible sum of two billions of money, the increase largely devoted to colonization and imperialism. Under the proclamation of the President the government of Cuba was seized by the United States and is still being exercised, while under a treaty, a receiver has been appointed for the Republic of Santo Domingo. When at first the Senate refused to ratify the treaty with Santo Domingo the President, with characteristic disregard of all legal restraint, put the treaty into effect notwithstanding, and when he was told by a member of his Cabinet that the proposed arrangement with Cuba was cOntrary to the Constitution of that country, which he had forced upon it, he said, with/his accustomed conceit, “I don’t care in the least for the fact of its unconstitutionality.” When we revolted as colonists we did so against British rule, upon the basic principle that there should be no taxation without representation, and that free government rested upon the consent of the governed, and yet we annexed and continue to hold the Philippines upon principles which are in themselves an attack upon our origin as a free people. The President has attacked the judiciary, an independent co-ordinate branch of the government, and often he has seized and exercised the legislative power. He has declared that the sovereign States of this Union shall be shorn of their constitutional rights, not lawfully—not by the orderly process of constitutional amendment—but by legislative, execu« tive and judicial construction and interpretation. As part of this revolu. tionary procedure, supported, I regret to say, by some Democrats, he would have Congress legislate on insurance, lynching, marriage, divorce and child labor in the States. It is a very important matter, I grant you, to conserve the health and the lives of children, but whatever there ought to be in addition to parental control and supervision rests exclusively with the States of this Union, and they are the most competent authorities to take charge of it. (Applause.) The underlying principle of the -Federal child labor law as advocated by the President and some dis- tinguished Democrats would authorize and justify an act of Congress, prohibiting foreign or interstate shipment of cotton which had been picked in part or whole by Mexican labor in South Texas. And, then, my fellow citizens, to reach the acme of this revolutionary procedure, it is seriously proposed by members of the Interstate Commerce Commission, doubtless under the inspiration of the President, that under- the authority of Congress to regulate foreign and interstate commerce the State shall be invaded, and its own domestic commerce shall be regulated by Federal authority. Ten years ago, under the mandate of the Democratic party, I ean- vassed this State against Government ownership and operation of railways (applause), which is another of these alarming heresies, and last October, at a banquet in Dallas, I again announced my opposition to the measure. This is not the time'to discuss this question in detail, but it is opportune _. CHARLES A. CULBERSON , I45 ’- to speak of it generally, for, disguise it as we may, the question is 4' ' before the country and before the Democratic party. To my mind the 1’: 4125 distinction between present and ultimate ownership and operation merely 1e ,1 temporizes with the question. If it is a good thing, it is a crime against the people to postpone it, and if it is a bad thing it is a crime against 1.} them to have it now or later. (Applause.) Upon what general theory 21 is this doctrine of government ownership and ownership of railways i? advanced? The ablest and most conspicuous advocate of the doctrine in fig America stated it in a notable speech last August in Madison Square 11 Garden, New York. But, my fellow citizens, much as I am attached to if" 4‘ him personally, and much as I admire his blameless life, his unquestioned sincerity, his ardent patriotism and his splendid eloquence, and certain as now seems his nomination for the Presidency, I cannot conceive that his views on this question will ever receive the approval of the Democracy of the country. (Applause and cheers.) {1 Hear what he says is the basis of his belief in ultimate government ' ownership and operation of railroads: “I have already reached the conclusion that railroads partake so much of a monopoly that they must ultimately become public property and be managed by public officials in the interest of the whole community, ,in accordance with the well-defined theory that public ownership is necessary "we where competition is impossible.” ‘2 ..l 3“ M211" ‘35" 3: ~. 25.13. ,— ._ j‘:\. ...§‘_x, :55 -;~:— was; ”+0.3“: macs“ A3333: 3. : GOVERNMENT OWNERSHIP UNLIMITED ,' . «1’35. . Do you get, my fellow citizens, the full import of that language? It means that every business and every commodity in general use or generally ll consumed. by the public, where it is susceptible of destroying competition or where the trusts can secure control, must be owned and operated by 2 the government—the State or the Federal government. Transportation, oil, lumber, coal, every commodity in general use susceptible of having ! ‘1 73'." competition in it destroyed, or where the trusts may take hold of it or '5 l ‘1 1,, control it free from competition, the government of the United States or ,g 1 the States of the Union separately shall own or control it. if} y . Is that Democracy? Is that Republicanism? Is that Americanism? It xiii a grieves me, my fellow citizens, to express to you the opinion that it is . " 2 1 the essence of Socialism itself. No, no, the doctrine of government owner- 9 : ship and operation of railroads is paternalistic, impracticable and undemo- 2.. d = .1 cratic in my judgment. It will create millions of additional offices. It i, ‘ will put billions of property which will increase each year, under political ' 1- management. It will multiply railroad salaries and increase every character ‘ “-1 ;s " _ of railroad expense. It will make every question of railroad administra- ,, r, . tion and every question of railroad construction or extension political and I 13‘ e. 1 partisan, in which the South, mark you, the South, undeveloped and in the 1 i 1e minority, will especially suffer. And in spite of so-called civil service ' II—IO I46 CHARLES A. CULBERSON rules by which it may be surrounded, it will be a most dangerous agency to place in the hands of political organizations by which they can perpetuate themselves in power. No, my fellow citizens, this doctrine will be such an attack upon individualism, such an attack upon the dissemination of power, and such a tremendous stride towards centralization that if adopted by the party it would be well to commit to flames its principles and its proverbs and strike from its masthead the name of Jefferson, the fore- most political philosopher of all times. (Applause) I am not unmindful of a certain admiration which these splendid policies to which I have referred excite in mankind. There is something in a strong central, powerful government. There is something in martial glory, in the mag- nificence of war, in the panoply and measured tread of armies, in the majestic movements of great fleets and navies. There is something in luxuries and fortunes,_in the affluence and opulence of a people, in splendid residences resembling great feudal castles, in steam yachts swifter and richer than the ships which bore the Caesars in the proudest days of Rome. But give me instead a simple government with powers dispersed, a gov- ernment whose uprightness is its strength, and a people who walk in the paths of virtue, morality and peace, surrounded by the healthful conditions of an enlightened and advancing civilization, rather than the enervating and corroding influence of mere riches. Such a government and such a people will survive even the prophecy made of all republics: First, freedom, and then glory. When that fails, wealth, vice and corruption, barbarism at last. My fellow citizens, in view of the terms of the resolution which was adopted by the House of Representatives inviting me to address the Legislature, and which I did not see until I had telegraphed my reply to the Speaker, you will pardon me, in conclusion, a personal reference. I am not a candidate for the nomination for the Presidency. That is such a delicate honor, and it would involve such responsibility to myself and to the Democratic party that I would not seek it. There is something, also, in the suggestion that I am a Southerner, as were all my ancestry to the remotest American generation, some of whom served as Confederate soldiers west of the Mississippi, and some of whom shed their blood on the great battlefields in Virginia, when the winding rivers ran red. But I would not have you understand me to intimate that there is such sec- tionalism yet in the land that there are no contingencies in which a man of Southern birth and lineage and residence could not aspire or be called to this great station. The Democrats of the other sections of the country, though it is improbable, might do so. There is another contingency which I do not believe is so far remote. The Democratic party was born in the South. It is of its essence and its being, and the Southern Democrats may yet be called upon to preserve the principles of the party from per- version and the party itself from utter wreck and annihilation )*:‘.. CHARLES A. CULBERSON I47 My fellow citizens, I want again to return my thanks to the Legislature for the honor done me by this invitation, and to express my gratitude for such a large assemblage here tonight, after so short a notice and under such unfavorable conditions. The people of Austin and of Travis county have ever been kind to myself and family, and we Will always treasure in our memories with great gratitude what you have done forvus heretofore. I thank you. (Loud applause.) 7W , litmus} 737W »«\W:’E*“3"L”\ —-Text from the Texas House Journal, 1907. Appendix F. Complete. - -.-:-~{<~x~sgmfl : «ax 5:: 552K“ 2 g -J . :i‘t‘“ a sex ( filing! V 6:”) 3C filtrate all 0'“ 1, But ch 566‘ a ma" ‘: Called ill guilt» , which W“ m 313 ng_um‘_mmhmsa_u;lmLimbo A . A 7 1100' W Per. ui 5H 1“ THE DECLARATION OF INDEPENDENCE (Adopted by the Convention of the People of Texas, at Washington on the Brazos, March 2, 1836) ,t' f, HE “Declaration” adopted by the‘San Felipe Conference of 1835, though quoted in Austin’s Louisville speech as a Declaration of Independence, was qualified in the hope of help from the “Lib- erals” of Mexico. That adopted at Washington, Marchz, 1836, is rightly accepted as the only Declaration, corresponding in the history of the Republic of Texas to that adopted at Philadelphia in 1776. Like the Declaration of 1776 in Philadelphia, that. of Washington in 1836 is an “oration” in the best sense of oratory as an art. In ability to speak from a platform, extemporaneously, George C. Childress, to whom the authorship of the Texas Declaration is generally conceded, may have been superior to Jefferson, who though he avoided public speaking during his whole life, produced what is certainly, the greatest and most effective oration in political history. Except in the Washington Declaration, how— ever, Childress left no claim to a permanent place among the orators of Texas. What is sometimes called the “Goliad Declaration” of 1835 is also an oration,—eloquent for its own purposes, and historically of permanent inter- est. But one of its purposes was to attack political opponents in Texas itself. As it follows for comparison with the Declaration of March 2, 1836, it will appear that the latter. is not influenced by it in style or language. The Goliad Address adopted by a mass meeting at Goliad, attested by “Ira Ingram, Secretary,” has ninety-one additional signatures, as published in the Texas Republican, Brazoria, January 13, 1836, and republished by the State Gazette in 1852. THE DECLARATION OF INDEPENDENCE OF 1836 (Made by the Delegates of the People of Texas, in General Convention, at Washington, March 2, 1836) HEN a government has ceased to protect the lives, liberty, and prop- erty of the people from whom its legitimate powers are derived, and for the advancement of whose happiness it was instituted; and, so far from being a guarantee for those inestimable and inalienable rights, becomes 148 ‘12t‘531‘3fi315‘5’? if ' *' i1: 5 _, ‘12.»:- xmfggmrm <2- . n ‘sulzLY‘i’FFFYT 3:. he a o . .—.. ‘52::‘5‘3 gw.‘-,-\::i;a 3:. r‘xx’f- - nosed r. , 3e. - W~rx~fi§x 2&3? 75*“, :5 - v it? THE DECLARATION OF INDEPENDENCE I49 an instrument in the hands of evil rulers for their oppression; when the Federal Republican Constitution of their country, which they have sworn to support, no longer has a substantial existence and the whole nature of their government has been forcibly changed, without their consent, from a restricted federative republic, composed of sovereign States, to a consolidated central military despotism in which every interest is disregarded but that of the army and the priesthood—both the eternal enemies of civil liberty, the ever-ready minions of power and the usual instruments of tyrants. When, long after the spirit of the Constitution has departed, moderation is at length so far lost by those in power that even the semblance of freedom is removed, and the forms them- selves of the Constitution discontinued; and, so far from their petitions and remonstrances being regarded, the agents who bear them, are thrown into dungeons and mercenary armies sent forth to enforce a new govern- ment upon them at the point of the bayonet: When, in consequence of such acts of malfeasance and abdication on the part of the government, anarchy prevails and civil society is dissolved into its original elements,— in such a crisis, the first law of nature, the right of self-preservation, the inherent and inalienable right of the people to appeal to first principles and take their political affairs into their own hands in extreme cases,— enjoins it as a right toward themselves and a sacred obligation to their posterity to abolish such government and create another in its stead, calcu- lated to rescue them from impending dangers and to secure their welfare ' :‘ i and happiness. Nations, as well as individuals, are amenable for their acts to the public opinion of mankind. A statement of ‘a part of our grievances is , therefore submitted to an impartial world in justification of the hazardous but unavoidable step now taken of severing our political connection with the Mexican peeple and assuming an independent attitude among the nations of the earth. The Mexican government, by its colonization laws, invited and induced the Anglo-American population of Texas to colonize its wilderness under the pledged faith of a written Constitution, that they should continue to enjoy that constitutional liberty and republican government to which they had been habituated in the land of their birth, the United States of America. In this expectation they have been cruelly disappointed, inasmuch as the Mexican nation has acquiesced in the late changes made in the govern- ment by General Antonio Lopez de Santa Anna, who, having overturned I the constitution of his country, now offers us the cruel alternative, either to abandon our homes, acquired by so many privations, or submit to the most intolerable of all tyranny, the combined despotism of the sword and :the priesthood. It hath sacrificed our welfare to the State of Coahuila by which ISO THE DECLARATION OF INDEPENDENCE our interests have been continually depressed, through a jealous and partial course of legislation, carried on at a far-distant seat of government, by a hostile majority, in an unknown tongue; and this, too, notwithstand- ing we have petitioned in the humblest terms for the establishment of a separate State government, and have, in accordance with the provisions of the National Constitution, presented to the General Congress a. repub— lican Constitution, which was, without just cause, contemptuously rejected. It incarcerated in a dungeon, for a long time, one of our citizens, for ;f no other cause but a zealous endeavor to procure the acceptance of our Constitution and the establishment of a State Government. ”I It has failed and refused to secure, on a firm basis, the right of trial 1,. by jury, the palladium of civil liberty, and only safe guarantee for the life, 'H liberty, and property of the citizen. “I It has failed to establish any public system of education, although ‘ possessed of almost boundless resources (the public domain), and although it is an axiom in political science that, unless a peOple are educated and 7t enlightened, it is idle to expect the continuance of civil liberty or the . capacity for self-government. It has suffered the military commandants stationed among us to exercise arbitrary acts of oppression and tyranny, thus trampling upon the most sacred rights of the citizen, and rendering the military superior to the civil power. ' ' It has dissolved, by force of arms, the State Congress of Coahuila and I .. Texas, and obliged our representatives to fly for their lives from the I seat of government, thus depriving us of the fundamental political right H of representation. H I It has demanded the surrender of a number of our citizens, and ordered military detachments to seize and carry them into the interior for trial, in contempt of the civil authorities, and in defiance of the laws and the Constitution. ! It has made piratical attacks on our commerce, by commissioning foreign desperadoes, and authorizing them to seize our vessels, and convey the property of our citizens to far distant ports for confiscation. It denies us the right of worshipping the Almighty according to the dictates of our own conscience, by the support of a national religion, calculated to promote the temporal interests of its human functionaries rather than the glory of the true and living God. It has demanded us to deliver up our arms, which are essential to our defense,——the rightful property of freemen, and formidable only to tyrannical governments. It has invaded our country both by sea and by land, with the intent to lay waste our territory, and drive us from our homes, and has now a large mercenary army advancing to carry on against us a war of extero mination. 3 THE DECLARATION OF INDEPENDENCE 151 It has, through its emissaries, incited the merciless savage, with the 1, . tomahawk and scalping-knife, to massacre the inhabitants of our defense- l ‘ less frontiers. It has been, during the whole time of our connection with it, the contemptible sport and Victim of successive military revolutions, and has continually exhibited every characteristic of a weak, corrupt, and tyrannical government. These and other grievances were patiently borne by the people of Texas, until they reached that point at which forbearance ceases to be a virtue. We then took up arms in defense of the national Constitution. We appealed to our Mexican brethren for assistance; our appeal has been made in vain; though months have elapsed, no sympathetic response has yet been made [heard] from the interior. We are therefore forced to the melancholy conclusion that the Mexican people have acquiesced in the destruction of their liberty, and the substitution therefor of a military government,——that they are unfit to be free, and are incapable of self-government. I The necessity of self-preservation, therefore, now decrees our eternal political separation. We, therefore, the delegates, with plenary powers, of the people of Texas, in solemn Convention assembled, appealing to a candid world for the necessities of our condition, do hereby resolve and declare that our political connection with the Mexican nation has forever ended, and that the people of Texas do now constitute a free, sovereign and independent republic, and are fully invested with all the rights and attributes which properly belong to independent nations; and, conscious of the rectitude of our intentions, we fearlessly and confidently commit the issue to the supreme Arbiter of the destinies of nations. (Signed by Richard Ellis, President, and by the delegates to the Convention.) THE GOLIAD ADDRESS (Adopted by a Mass Meeting at Goliad, December 20, I835) SOLEMNLY impressed with the sense of the danger of the crisis to which recent and remote events have conducted the public affairs of their “genial” country, the undersigned prefer this method of laying before their fellow- with 3:33:31, 0an l0 1 citizens a brief retrospect of the light in which they regard both the .1155" present and the past, and of frankly declaring for themselves, the policy , “silent l and the uncompromising course which they have resolved to pursue for ‘ no“ i the future. They have seen the enthusiasm and the heroic toils of an army 152 THE DECLARATION OF INDEPENDENCE bartered for a capitulation, humiliating in itself, and repugnant in the extreme to the pride and honor of the most lenient, and no sooner framed than evaded or insultingly violated. They have seen their camp thronged, but too frequently, with those who were more anxious to be served by, than to serve their country,— with men more desirous of being honored with command than capable of commanding. They have seen the energies, the prOwess, and the achievements of a band worthy to have stood by Washington and receive command, and worthy to participate in the inheritance of the sons of such a Father, frittered, dissipated, and evaporated from the want of that energy, union and decision in council, which, though it must emanate from the many, can only be exercised efficiently when concentrated in a single arm. They have seen the busy aspirants for office running from the field to the council hall, and from this, back to the camp, seeking emolument and not service, and swarming like hungry flies around the body politic. They have seen the deliberations of the council and the volition of the camp distracted and paralyzed, by the interference of an influence anti- patriotic in itself, and too intimately interwoven with the paralyzing policy of the past to admit the hope of relief from its incorporation with that which can alone avert the evils of the present crisis, and place the affairs of the country beyond the reach of an immediate reaction. They have witnessed these evils with bitter regrets, with swollen hearts and indignant bosoms. A revulsion ‘is at hand. An army, recently powerless and literally imprisoned, is now emancipated. From a comparatively harmless, passive, and inactive attitude, they‘ have been transferred to one pre-eminently commanding, active, and imposing. The North and East of Mexico will now become the stronghold of Centralism. Thence it can sally in whatever direction its arch-deviser may prefer to employ its weapons. The counter- revolution in the interior once smothered, the whole fury of the contest will be poured on Texas. She is principally populated with North Ameri- cans. To expel these from its territory, and parcel it out among the instruments of its wrath will combine the motive and the means for consummating the scheme of the President-Dictator. Already, we are denounced, proscribed, outlawed and exiled from the country. Our lands, peaceably and lawfully acquired, are solemnly pronounced the proper subject of indiscriminate forfeiture, and our estates of confiscation. The laws and guarantees under which we entered the country as colonists, tempted the unbroken silence, sought the dangers of the wilderness, braved the prowling Indian, erected our numerous improvements and opened and subdued the earth to cultivation, are either abrogated or repealed and now trampled under the hoofs of the usurper’s cavalry. Why, then, should we longer contend for charters, which, we are again 4 MW Iét‘cflul igéillel iqlflindy 2:150 will meter . will“? I. tallest I amé’l' ' A the {or IE . mofil 162$ 4:63 THE DECLARATION OF INDEPENDENCE 153 and again told in the annals of the past, were never intended for our benefit? Even a willingness on our part to defend them has provoked the calamities of exterminating warfare. Why contend for the shadow, when the substance courts our acceptance? The price of each is the same. War—exterminating war—is waged; and we have either to fight or flee !' We have indulged sympathy, too, for the condition of many whom, we vainly flattered ourselves, were opposed, in common with their adopted brethren, to the extension of military domination over the domain of Texas. But the siege of Bexar has dissolved the illusion. Nearly all their physical force was in the line of the enemy and armed with rifles. Seventy days’ occupation of the fortress of Goliad has also abundantly demon- strated the general diffusion among the Creole population of a like attach- ment to the institutions of their ancient tyrants. Intellectually enthralled and strangers to the blessings of regulated liberty, the only philanthropic service which we can ever force on their acceptance is that of example. In doing this, we need not expect or even hope for their co-operation. When made the reluctant, but greatly benefited recipients of a new, invigorating, and cherishing policy,—a policy tendering equal, impartial and undiscrimi- nate protection to all; to the low and the high, the humble and the well- born, the poor and the rich, the ignorant and the educated, the simple and the shrewd,—then, and not before, will they become even useful auxiliaries in the work of political or moral renovation. It belongs to the North Americans of Texas to set this bright, this cheering, this all-subduing example. Let them call together their wise men. Let them be jealous of the experienced, of the speculator, of every one anxious to serve as a delegate, of every one hungry for power, or soliciting office; and of all, too, who have thus far manifested a willing- ness to entertain or encourage those who have already tired the patience of the existing Council with their solicitations and attendance. Those who seek are seldom ever the best qualified to fill an oflice. Let them discard, too, the use of names calculated only to deceive and bewilder, and return like men to the use of words whose signification is settled and universally acknowledged. Let them call their assembly, thus made up, a Convention; and let this Convention, instead of declaring for “the princi- ples” of a Constitution, for “the principles” of Independence, or for those of Freedom and Sovereignty, boldly and with one voice, proclaim the Inde- pendence of Texas. Let the Convention frame a Constitution for the future government of this favored land. Let them guard the instrument securely, by the introduction of a full, clear, and comprehensive bill of rights. Let all this be done as speedily as possible. Much useful labor has already been performed; but much is yet required to complete the . work. The foregoing, we are fully aware, is a blunt, and in some respects, a humiliating, but a faithful picture. However much we may wish, or I54. THE DECLARATION OF INDEPENDENCE however much we may be interested, or feel disposed to deceive our enemy, let us carefully guard against deceiving ourselves. We are in more danger 5 from this—from his insinuating, secret, silent, and unseen influence in our ,‘ councils, both in the field and in the cabinet, and from the use of his silver and gold, than from his numbers, his organization or the concentration 2‘ of his power in a single arm. The gold of Philip purchased what his arms could not subdue,——the liberties of Greece. Our enemy, too, holds this weapon. Look well to this, people of Texas, in the exercise of , suffrage. Look to it, Counselors, in your appointments to office. Integrity is a precious jewel. Men of Texas! nothing short of independence can place us on solid " ground. This step will. This step, too, will entitle us to confidence, and will procure us credit abroad. Without it, every aid we receive must ‘_ emanate from the enthusiasm of the moment, and with the moment, will a be liable to pass away or die forever. Unless we take this step, no foreign power can either respect or even know us. None will hazard a rupture with Mexico, impotent as she is, or incur censure from other powers for interference with the internal affairs of a friendly State, to aid us in any way whatever. Our letters of marque and reprisal must float at the mercy of every nation on the ocean. And whatever courtesy or 2!” kindred feeling may do, or forbear to do, in aid of our struggle, prosecuted ”"' on the present basis, it would be idle and worse than childlike to flatter "s ourselves with the hope of any permanent benefit from this branch of the ; service, without frankly declaring to the world, as a people, our independ- H! ence of military Mexico. Let us, then, take the tyrant and his hirelings ill at their word. They will not know us but as enemies. Let us, then, '3‘“. know them hereafter, as other independent States know each other—as iii-”l “enemies in war, in peace, friends.” Therefore,— I. Be it Resolved, That the former province and department of Texas “q“ is, and of right ought to be, a free, sovereign, and independent State. #3:. 2. That as such, it has, and of right ought to have, all the powers, faculties, attributes, and immunities of other independent nations. . :‘n. 3. That we, who hereto set our names, pledge to each other our lives, f (” :lf‘ our fortunes, and our sacred honor to sustain this Declaration—relying ; i with entire confidence upon the co-operation of our fellow-citizens, and j. the approving smiles of the God of the Living, to aid and conduct us l [ Victoriously through the struggle to the enjoyment of peace, union and « good government; and invoking His malediction if we should either ,1 lht equivocate, or, in any manner whatever, prove ourselves unworthy of the It high destiny at which we aim. < in mmH—cmr—r‘ R’kcip'it—R" ._,_4'—* ‘ ——Texas Almanac, I860, p. 76. Credited to the State Gazette in 1.852 from the 3.”, Texas Republican, Bnazoria, January 13, I836. FRANK CLIFFORD DILLARD (Lately President of the Texas Bar Association, and Vice-President and Gen- eral Counsel, C. R. I. and P. Railway Company) _w‘:HEN before the Texas Bar Association in 1915, Frank Clifford Dillard summed the data of “Unrest in Things Political and Economic,” it was hardly credible to anyone in that year that the people of Texas and of every other American State might become so fully involved that no American home could escape the political and economic effect of the crimes and blunders of the mismanagers of Europe. It is the surest test of the comprehensiveness of Mr. Dillard’s general view in 1915, that in the light of all that has since occurred, it may still appeal as strongly to those who hold that the hope of the world’s future depends on the use of personal brain and personal conscience as to those who expect yet higher results from organization than have blessed the world from the thought of its Newtons, its Galileos and its Saint ,_ .. N t 49%“ WAD-4" Pauls.‘ All may follow the hope, so eloquently expressed, which belongs to the “sign of promise” in the history of mankind, as it shows that there will always be men, born with brains fit for the best purposes of universal human nature, who will never fail to use them in that behalf. (See Biographical Data, .Dillard.) AFTER “ARMAGEDDON,” WHAT? (“The Meaning of the Unrest in Things Political and Economic,’.’ Addressed to the Texas Bar Association, San Antonio, July I, 1915) ‘ IN MY old home in the piney woods of Alabama in my youthful days I often attended the old-fashioned camp meetings. There were gathered there hundreds, sometimes thousands of people. Twice in the morning, twice in afternoon and once in the evening services were held in what was called “an arbor”-——but was simply a wide expanding roof, sustained by pillars with a few planks around the bottom of them. 'At night the scene was sometimes a little weird, always picturesque. Pine knots, burn- ing on numerous little raised platforms, covered with earth, lighted up the arbor and the surrounding woods, casting grotesque and fitful shadoWs. 155 gill . "in , um , hm. 156 FRANK CLIFFORD DILLARD Oftentimes, amid the groans of the penitent and the shouts of the con- verted, from a thousand throats would rise the old song: “Watchman, tell us of the night, What its signs of promise are.” As the song rose and mingled with the soughing of the pines overhead and floated out into the clear star-spaces, it was not difficult to imagine the watchman standing on his tower, scanning the horizon to see whether the dawn would break bright and c1ear,——would come as “jocund day standing tip-toe on the misty mountain top”; or whether it would be shrouded in clouds and thick darkness, and bring with it the devastating storm. \ . Perhaps at no time in the history of our country has the question, “What of the night ?” been more pertinent. Perhaps at no time in its history have this and similar questions more agitated the minds of thought- ful men. What of the night? What are the signs of the times? Whither are we drifting? Are we cutting loose from the old moorings? Are the foundations of the Republic being undermined? These, and a thousand questions such as these, continually arise for answer. N 0 man in the thick of a revolution can accurately gauge its tendencies or rightly foretell its results. No man can follow to its conclusion the trend of the day in which he lives, no matter how devoid of revolutionary forces it may seem to be. Standing in the midst of current events, his sense of proportion is destroyed and the perspective necessary to properly comprehend and measure the happenings of any period of the world’s life is wanting. Any estimate, therefore, which a man makes of the portent of things immediately about him must be made with hesitancy and accepted with reservation. Though I fully recognize this truth, I am going to be bold enough today to hazard the expression of what I believe to be the meaning of the unrest in this country, and I might add of the unrest of the world. To sum up the whole matter in a sentence, my judgment is that we are passing through a great economic revolution and, in a measure, a political revolution, which, however, is largely based on changing economic conditions; and that the agitation by which we are surrounded is such agitation as is attendant upon every revolutionary movement. The important question is whether the end of the revolution will mean wider industrial development, greater prosperity, higher rewards for the individual, wise control of great undertakings, left in the hands of their owners, or Whether it will end in the partial or the entire owner- ship by the government of the agencies of production, transportation and distribution, or any of them,—-—that is, a state wholly or partially socialistic, —or whether, yet again, it will end in economic disintegration and decay. There can be no doubt that for some centuries past the movement FRANK CLIFFORD DILLARD 157 of the world has been toward democracy, and that, though here and there retarded at times, the movement, on the whole, has made rapid progress. Nor can we doubt, say what we will, that for some years past there has been a distinct movement toward social democracy. In the Seventeenth century Charles Stuart, upholding the divine right of kings, paid for the maintenance of his doctrine with his head. If James II, more fortunate, did not pay for his maintenance of it with his head, he, at least, paid for it with his crown. Louis XIV was credited with saying: “The State! it is I”; and as the grim, red shadows of the revolution began to fall across the fair lands of France the Abbé Sieyes said: “The third estate, what is it? Nothing. What shall it be? Every- thing.” England is the most conservative of nations; yet it is not so many hundreds of years since the word of the king was sufficient to lay the head of his recalcitrant subjects on the executioner’s block; today the king is shorn of his power, and, except as he may be of dominant per- sonality and tactful deportment, and because of this have influence in the counsels of state, he is little more than the name under the authority of which the real officials of government act. The probability of home rule in Ireland, government land purchases, the giving of old age pensions, holding the employer liable to make compensation to the employe injured in his service, are changes so radical, and some of them'so far-reaching in the direction of social democracy, as to startle even swift-moving America. Before the fearful conflict that is now raging in Europe a rapid glance at the [world showed the old Sultan of Turkey banished and the “Young Turks” and a constitutional ruler in power; Russia in blood and agony struggling toward purer government; a republic an established fact in France; the King of Portugal dethroned and a republic established there; political unrest and strong democratic leanings in Spain, the country of Charles V and Phillip II; the German Emperor rebuked for talking too freely, and no one imprisoned for lese majeste; Japan modernized, with a parliamentary government; Persia a constitutional monarchy; China a republic. What will be the end of the unspeakable war that is now such a blot on civilization no one dare foretell, but we think that, without assuming the role of prophet, one may anticipate that out of it will grow a wider democracy and a throwing around monarchs of stronger consti- tutional restraints. The rapid changes in world-politics and world-economics are the nat- ural, and even the necessary, outgrowth of the extension of the franchise, the spread of education, and, above all, of the welding together of the divisions of a country and of the nations of the world by sure and swift means of intercommunication, and the consequent constant and intimate intercourse among the people. When the mass of a people are ignorant 158 FRANK CLIFFORD DILLARD and in a state of serfdom or semi-serfdom, if their material wants are well supplied, they are content to leave the affairs of government in the hands of strong and daring men who will see to their safety and the satisfying of these wants. When education is given them so that they may realize the benefits of a free government over a despotic one, when the franchise is given them so that they may take part in forming the government, the tendency is ever toward democracy. But on the effect of educating the masses and extending the franchise to them I do not wish to dwell today. I wish rather to emphasize the thought that as population becomes dense, the means of intercommunication swift and sure and inter- course continuous, economic policies suited to a Sparse population, com- municating with each other with difficulty, are unsuited here, and the very course of events will force a change, so as to bring economic development into harmony with the changed order of things. When the population is scattered, when it is an hour’s ride from house to house, a day’s journey from village to village, every one must depend largely on his personal effort. At such a time one’s energies must be devoted to his own forge, his own bench, his own farm, his own store; in a word, his time is taken up with his own calling. There is no place for co-opera- tion, and individuality is developed to the greatest extent; but when the population becomes dense, and the means of communication swift and easy, individuality gradually and naturally gives place to co-operation and com- bination. This country in its earlier years, was peculiarly a country of individual- ism, and brought about the highest development of individual life. There were hundreds and thousands of square miles of unexplored forest and unbroken prairies, calling for the axe and the plow and inviting to the opening of farms, the erection of homes and the building of villages and towns. But as time passed the forests were levelled, the prairies were subdued by the arts of cultivation, villages, towns and cities grew thick in the land and became so interlaced by means of rapid communication that their inhabitants came into touch with one another almost like'the mem- bers of one great family. The result was that individualism counted for less and less and co-operation for more and more, until now the whole trend of our economic policy is toward concentration of labor, concentra- tion of capital and concentration of effort. We have learned that the bundle of Aesop’s Fable was stronger than the separate fagots of which it was composed, that the strength of a dozen is greater than the strength of one, that combined effort is more effective than individual effort, that in great affairs commercial individualism is economic waste, commercial combination economic saving; and, so learning, we are undergoing the economic change of which I have spoken—«the change from industrial individualism to industrial combination. But combination uncontrolled, unregulated, unrestrained, free to follow — ‘ _. 5x: 2%..“ 5,; FRANK CLIFFORD DILLARD 159 its own will, has the power to destroy. It has the power to reduce the output of things it manufactures, to depress the prices of things it buys, to inflate the prices of things it sells, to crush opposition and throttle initia- tive. It may be a great power for good, but it may likewise be a great power for evil. The natural instincts of man lead him to individual effort and individual accomplishment. Among savages it often happens that all the men of the tribe stand on the same footing, except as some one stronger than the others assumes the chieftainship; in higher states of society individualism is abandoned slowly and reluctantly; it is only as time and experience teach one that community of interest makes for his welfare and happiness that he willingly abandons aught of his indi- vidual freedom. The meaning, then, of our unrest, I think, is this: Our people are restive in finding individualism losing itself in combination. They recognize the evils that may flow from combination and fear they may come upon us, but they do not yet fully apprehend the good. Most of their efforts have been directed to turning the hands of the clock back and not to regulating its works, toward suppressing combination and not toward recognizing it as one of the great forces of modern life, and regulating it as such. Because the truth is seen in a half light, because the power of combination for evil is recognized and its power for good is not recognized, because the idea so widely prevails that combination must be destroyed, root and branch, and because it is impossible to destroy it, since it is the necessary outgrowth of modern life and the present conditions of society, we find the unrest which now disturbs us and the uplifting of so many strange gods. Once we fondly believed that our Constitution is the greatest instru- ment of government that has ever emanated from the mind of man,— and many of us believe it yet,—yet we find men of intelligence and influence who think the Constitution is old and worn out; once we believed our judiciary was the strongest guaranty of the protection of the rights of property and the liberty of the citizen,—and many of us believe it yet,—-yet we find men of intelligence and influence who believe the judges should be recalled by popular vote, which is equivalent to saying that the just and fearless judge, who in times of public clamor and popular frenzy has stood for the right in his decisions, shall be subject to removal at the impassioned will of an overwrought populace. Many patriotic men in public life, not clearly discerning the trend,——the necessary and inevitable trend,——of economic forces, fearing their onward movement means harm to the people, endeavor to stay them with statute laws which only do hurt, for economic law is more powerful than statute law, and any statute which endeavors to overthrow it must sooner or later give way, or else bring disaster. Then, too, we have always with us that abiding nuisance, the political agitator, who trims his sails to catch every passing wind of popular approval; for what Hamilton says in the very ‘vr‘n H -s :-__._. __ A. »__~_..__...q‘ l ‘1 ‘i i l 160 FRANK CLIFFORD DILLARD first number of the Federalist is true now, always has been true, and always will be true. He says: “A dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidding appearance of zeal for the firmness and efficiency of the government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter; and that of those men who have overturned the liberties of republics the great— est part have begun this career by paying court. to the people; commencing demagogues and ending tyrants.” Such, then, are the. causes of our unrest. When will the end be? What will it be?. I shall not undertake to prophesy, but of some things I think we may be reasonably sure: One is that the whole world is changing its politics; another is that the day of accomplishment of great things in the economic world by individual effort is ended and that the day of co-operation and combination has come; still another is that there must be a readjustment of the affairs of society and of politics to changed economic conditions before we can have industrial peace. We hear much of the hackneyed simile of the swinging pendulum; so hackneyed, perhaps, because so true. The pendulum has now swung far from the place of conservatism, and it may swing further yet. It will not resume its normal movement until a readjustment takes place between society and the economic forces of the day. If that readjustment comes in the recog- nition that combination is the greatest of these forces and in the making of it to work for good by wise regulation, if it is made in full protection of property rights I believe all will be well, but unless such adjustment as this is found, I believe our unrest will end in government ownership of the lines of transportation, and probably all other public utilities, and, I fear, in extravagant and inefficient administration, laying on the people a burden, the weight of which they do not realize. But if we may not prophesy, we may hope. The reply of the watchman to the traveller was: “Traveller o’er yon mountain height See that glory beaming star.” When again the traveller cried: “Watchman tell us of the night, For the morning seems to dawn.” The answer came back: “Traveller, darkness takes its flight, Doubt and terror are withdrawn.” Let us hope that the clouds which now encompass us will soon pass, and that there will dawn a perfect day of industrial peace, not because of s merc the 1 beca: to ap guarz FRANK CLIFFORD DILLARD I61 of sloth or inertia, but because the rights of all are respected; of com- mercial prosperity, because of the recognition of the great truth that by the success of each is the good of all advanced; and of political rest, because the rights of property and the liberties of the citizen do not need to appeal to the law for protection because they have strong and abiding guaranties in the hearts of the people. —Complete, from the Proceedings of the Texas Bar Association, 1915. DOCTOR D. F. EAGLETON (Author and Scholar; Editor, The Texas Literature Reader) Texas, produced on its own ground, to say that in style and substance, its average is well above the American literature of 1820. There is much greater difficulty now in discriminating between American literature and Texas literature than between English and American literature, when even after Washington Irving had begun to write, it was asked contemptuously in England, “Who reads an American book?” Books Texas can claim as its output are now read in quantity all over the United States. In his Address of 1913 at Dallas, Doctor Eagleton, demonstrating this advance, asks honor v for Texas Prophets in their own country. Except in New England, this has come late, if at all, to the living in the history of American letters. New England, owning Longfellow, Emerson, Lowell, Whittier and Holmes, decided to create and support their claims to immortality because they belonged to New England. Hence until lately, New England dominated “American literature.” “Blind Homer played a heavenly lyre,” it has been said, “and plied betimes the beggar’s trade,”—which no doubt de- veloped his genius! But the Texas 'of the future may prefer the New England method in developing its Emersons and Longfellows. THE PLACE .OF TEXAS IN AMERICAN LITERATURE (Before the English Section, Texas State Teachers’ Association, Dallas, 1913) FOLLOWING the trend of Southern letters, we find the thought, and the. expression, too, largely the product of the soil. Montrose Moses thinks that he has discovered distinct lines of economic consciousness apparent throughout Southern history, observable in conditions industrial, social, literary. This magnetic influence, modified by immediate environ— ment, strengthened by native qualities of pathos, and humor,———true, and at the same time, serious and sincere,-—has given forth a body of writing, broad of subject, attractive in picturesque elements, abundant in variety and local charm. 162 Out Inert, a lower 5 name. the we conditio; those p5 . 1 resuiz distinctix shades r Indian 3.; fore; F; Chardtt“ {4' 11151011131 011mm 11:2, V‘v-e e : 13'}: rm 138109;}: , cheemdx 5. comm, ‘ Them 110113, new i “e 1m ( ' 5111 M, iflce) 11131 ”11 Richy, me and II- 15118 18mm DOCTOR D. F. EAGLETON 163 Out of the. Old Dominion, with its tidewater aristocracy, began a move- ment, a kind of hegira,—a stampede, if you will,—headed towards the lower South and Southwest, seeking at once a local habitation and a name. Swarming at-uncertain intervals and at more uncertain spots along the coast country, these people came into more intimate contact with conditions and problems that they thought had been left behind: ‘ Namely, those pertaining to the African slaves, later’ known as “freedmen.” As a result of these shifting circumstances, literary development became distinctive, or distinguishing, in the several states of the South. The varied shades of skin: the Creole, the Spaniard, the Italian, the darkey, the Indian to the manner born,-——all became types, or agencies, or directing forces, not so much in social matters as in the body of writings. Natural characteristics and brogue; the pathetic, twin sister of laughter; social customs; the joy of living; the ambition and the dream, the melody of expanding life,—in a kaleidoscope of a thousand mirrors and lenses, that were photographed in the ideas of the day, with suggestions of ever- varying tint and shade and hue. Over it all and about it all, was the mellow halo of the satisfied life, illuminated with hope and expectation, cheered by success and enlargement, encouraged by the following and commendation of the lower lights and simpler life—a joyous camaraderie! The influx of people into the West and Southwest brought new condi- tions, new charms, new problems. The thinker-s, loyal as heretofore to the spirit of their fathers, were faithful in letters, in oratory, in leader- ship. Where do you find a more interesting circuit of oratory than Zeb Vance, Wade Hampton, Henry Watterson, Bob Toombs, Ben Hill, Clement Clay, John Reagan, and many other such, whose patriotic voices rang true and in clarion tones, from every State of the South? Where in popu- lar literature will you surpass a list like this: Cooke, Paul Hayne, Lanier, Simms, Augusta Evans, Mark Twain, Mollie Moore Davis, Albert Pike, and their peers? In the early days of a people’s history we find the interpreter to be the chronicler and the statesman; but in the repose of success, the reader of fate becomes the romancer (or, shall I say, the necromancer!) and the poet. And in the verse annals of these latter is all true history written,— written in picturesque setting, in metrical rhythm, in an ebullition of joy and good cheer! And so it is as we pass into the shadowy depths of the distant South- west. The travelers traveled many days, at times by forced marches. But those towards the gold mines of California came upon the desert and perished, many of them, by the way. Others, with better judgment, followed the trail and leadership of Austin, Houston, Burnet, Lamar, et al. These were wise in their day and generation, and builded better than they knew. It is of these and their successors that we would ,think,—think broadly and deeply,——for a few minutes. What a legacy has come to us, of thought _ s... -w a- 22—21%: 2:5; -si‘ i; l l l I64 DOCTOR D. F. EAGLETON and rhyme and romance, deeply bedded in the history of this our Lone Star State! Texas has enjoyed many advantages from the beginning of things. Roosevelt, with his usual subtle sagacity, pronounced it “the garden spot of the Lord,” thus forever refuting the slanderous imputation of General Sheridan, who spoke hastily of something he knew nothing about. Fair of view, comfortable in its appointments, broad in its stretches and vistas, exhaustless in its varied resources, Texas has been, ab initio, the land of the free and the home of the brave! Not freer or more unfettered was the wild mustang of the prairie than was the untamed and untutored child of the forest or hill or plain. Intelligence and Morality were twin sisters, walking up and down the land with their elder brother, Liberty. Of course they had their say. Fitting descendants of Miles Standish and John Smith, but improved with the generations, were Stephen Austin and Sam Houston, two centuries belated. Here, too, Puritan blood flowed freely in Cavalier veins, giving to the world the truest type of “the Ameri- can.” Hence the annexation of Texas in 1845 was a mere form. The act was already accomplished. Passing by the letters back home and a few declamations, known popularly as “declarations,” we find our earliest “literature” to be the impressions of our visitors and guests who kindly wrote us up in papers and books, in good or bad fashion as their spirits moved them and their several abilities permitted them. Chief among these Imay be mentioned Augusta Evans, Amelia Barr, Captain Mayne Reid, Sidney Lanier, Opie Read. Even English and French and Spanish were attracted to this won- derful country, and wrote of it. While hundreds upon hundreds have had their say of Texas to appear] in print, and many of them professional writers, too,-—still, there has not at any time appeared a “school,” or group, of authors. No metropolis of letters can claim a monopoly of Texas authorship; none can claim literary precedence. A large proportion of our literati hail from villages and even from the rural homes, out from the busy haunts of men. Another characteristic feature of Texas writings is readily discov- ered; an intense loyalty to home and heroes. If this be an evidence of weakness, our Texas writers, as indeed our entire citizenship, must writhe under the ban of a narrow, self-centered, partizan patriotism. But thanks to the spirit of liberty, such is not true. On the safest and sanest canons of criticism, we rest our case. The literature of Texas may be classified, according to very irregular lines of social life, into (I) the times of the Pioneer; (2) the times of the Citizen; and (3) the times of the Scholar: In other words, into a. period of exploration and settlement in 1836; a formative, or constructive period, to 1869; and an industrial, or cultural period, to the present. The first of these was the age of the filibuster and of turbulent riot. . fiLUgni lhcscc but ic‘ $0ch convict lhccicc lhttafi Patrick Tic Thclcad meats; beginrinc swinging lltmn “mt ch; lficicl. ' The :E the cocci somehow heacdjn. great 3% SlIOHgam andplxbllc “Men, 1 millet: Cover”? izahollSDG itchnjm l' illildst 3’1 lcterh th 90cc m ”Wall lnuS'th Wat till lln Mica”, '1 not illshm {9; W ”5130; A race» “11313631" ”3' ' ll or 30719 a: it "5“ 1.3131153 15': 'lflflg 2-; 33:57.33 1 .. p LAW?) u ,, ”NP ,Jf ”.4" . 1' . ., .1 .u algal ._.l llarzuty 1 Wall w llfigvm ,1”; a I DOCTOR D. F. EAGLETON 165 These early leaders of thought and action were not to the manner born, but it was a sane and healthy foundation that they laid. When they spoke, it was to be obeyed; and when they wrote, they expressed their convictions in plain and unequivocal English. Very little endeavor after the picturesque in speech or the poetic fire of the imagination occurs in the earlier writings. It is the English of a Burke or Pitt or Adams or Patrick Henry. The second era determined to, a great extent the literary expression. The leaders of thought and action were uniformly men of scholarly attain- ments, and their state papers, epistolary correspondence and speeches are voluminous. It was a constructive time in deed and formula. From the beginning positivism was pronounced, whether it manifested itself in swinging a horse-thief to a limb, in sending a protest to an apathetic Mexican government, or demanding the resignation of a leader. The same characteristics are distinguishable in the literary efforts of the period. The orator, the journalist, the publicist, were all busy. The third period is not less important: the annalist, the raconteur, the novelist, the poet,—-some from the congested centers of the East; some born into a literary heritage. Now and then was it as the voice of one heard in the distance,——but all portrayed or sang the varied life of the great Southwest, the land of the Lone Star! This period exhibits a strong and interesting body of imaginative writers; of whom the annalists and publicists are for the most part men, and the poets‘and story writers women. It is the age of the magazine and the newspaper, the college and the university. In whatever direction the inquirer may turn, he dis- covers a people engaged with grave issues on large projections. Organ- izations political, educational, ecclesiastical, have their official documents, technical treatises, and organs of publicity. The passing wonder is that, amidst all the mad rush for money, land, preferment, ascendency, the literary spirit should still be alive! And yet, the story-writer, the essayist, the poet, the playwright, are carrying the literary field by storm. England, France, and Canada, besides New England and the Great West, are bearing enthusiastic testimony to the worth and interest of the literary output of Texas at the present time. ‘If we may pause just here to go a little more into details, allow me to say that there is no literary form but what has found its expression, if not its masters, in a Lone Star pen. Oratory is indigenous to the soil. Austin’s speech in Louisville, Kentucky, in 1836, aroused a tremendous enthusiasm for the struggling patriots. General Houston’s eloquence was recognized in Tennessee legislative halls, in the United States Senate, and in the assemblies of the Republic of Texas. Burnet, Lamar, Hubbard, Weaver, Reagan, on to the present, when a Sheppard makes a moving plea for those grown old in public service, or a Field pays a thrilling tribute to the heroes of the State when the statues of Austin and Houston were 131;: _' A ;m_ 3.. I66 DOCTOR D. F. EAGLETON presented by the State of Texas to the Congress of the United States; or a Henry is called upon to represent the Chief Executive of the United States at an important celebration in a distant State. From the time of John Duval, writing the story of Big Foot Wallace and early days in Texas, through the stories of frontier adventure in novel and story, the historical narratives of Eugene Lyle, Clara Driscoll, and others; the ranch heroism depicted by Pattullo, and Olive Huck; the picaresque yarns of Van Demark; and the tramp renditions of 0. Henry, the magazine stands have been flooded with Texas stories, long and short, sane and inflated, bound and unbound. The poetry writer is also abroad in abundant evidence. From the tiny poem of Sam Houston to his little girl friend and Mirabeau Lamar’s sentimental effusions, the divine spirit of poesy has never forsaken the prairie and hill, the forest and glen, of this great empire of genius and sentiment. Of the earlier songsters, Mollie Moore moves foot and rhythm above them all. Her mantle was rent and fell on many; and from every fold there came forth innumerable voices of mirth and grief; of the more recent, Professor Stark Young of the University of Texas, Charlotte Wilson of Nacogdoches, Hilton Greer of Amarillo, and Ernest Powell of Marshall, are easily in the fore-front in handling the sonnet. The sentimental poem yields sweet fragrance to the gentle pressure of John Sjolander of Cedar Bayou, Katie Daffan of Austin, Mortimer Lewis of the Houston Post, Jake Harrison of Dallas,—but mere mention becomes fulsome flattery when there are so many glad, responsive hearts worshipping at the shrine of the Muses today. Yet I should not do well to omit the dialect work—both story and poem—of Larry Chittenden, the poet ranchman; Grinstead, the interpreter of the Guadalupe and the hill country; Harry Marriner, the choicest spirit of the Dallas News. Time forbids us to discourse upon the journalist, the educator, the scientist, the historian; for, histories, textbooks, scientific treatises, and all such, we have galore,—and the end is not yet. It may be necessary in the near future to have statebook adoption more frequently than five years in order to give every worthy and aspiring brother and sister of the craft a square deal! Anent this thought is a suggestion that we need textbooks on Texas literature. The field has been ignored in the past, although game, large game, roams wild and in the greatest abundance. Let us hunt it! Changing the figure, flowers and posies, beautiful and fra- grant, are in the wildest profusion, to be had without the asking; let’s gather them. Or, to change yet again, most precious metals and gems await the miner; who digs may win larges's with which to fill his coffer and so find great satisfaction in all the good things of life. May we not hope that the time is at hand,—yea, even upon us at this hour,—when the writings of our neighbors and friends, in all por- tions of this great state may receive some recognition, however tardy? The 1 be! 5m 43,0 DOCTOR D. F. EAGLETON 167 The task, as a labor of love, and appreciation, will yield rich rewards. The field is white unto the harvest! Then truly we may respond to the sentiment so beautifully expressed by Miss Kate Daffan: “I should like to leave one thought in the world, Engraved on standards from banners furled, At every proud church and great house of state, In civic palace and on temple gate: On granite shafts that point to the sky, In tablets of stone, on monuments high; On the pages of books for men to read— Not record of war or of bloody deed—— In wonderful art I would leave my thought, , Art, that only the master-hand has wrought. “In the sweetest music man ever heard—- Sweeter than notes of full-voiced bird—— ‘Love eternal!’ this message I’d send All round the world, and from end to end. Let there be no unkindness, malice, hate; Let all things be right, all good find its mate! To bless us and guide us, make heaven of earth, Let Love, an inheritance, bless every birth!” —From the Proceedings, Texas State Teachers’ Association, 1913. BENJAMIN W. EDWARDS (Promoter and Provisional President of the Republic of Fredonia, 1826-1827) fgs THE successors of General James Long in failure to convert Texas from a Mexican province to an American republic, the brothers, Benjamin W. and Hayden Edwards, were once famous as far to the Northeast as Washington, and their records still figure notably in the indexes of Texas archives. The title to the site of the “Republic of Fredonia,” in the name of Hayden Edwards, has been the subject of much dispute. It is to the energy and eloquence of Ben- jamin W. Edwards that the short-lived “republic” chiefly owes its promi- nence in history. It was first proclaimed independent, December 16, 1826, and its independence was formally announced on December 20, following, when at Nacogdoches, Benjamin W. Edwards and H. B. Mayo, on behalf of the Republic of Fredonia, signed a treaty of alliance with Richard Fields and John Dunn Hunter, on behalf of a great projected republic of civilized Indians in what is now Northern Texas. James Fields was then and for more than a generation afterwards famous as the greatest chief of the Cherokees. For a time, John Dunn Hunter, who had lately returned from London where he was lionized as a philanthropist, was even more famous. All concerned, including the Cherokees, have histories so romantic that if they did not belong to the real life of the Southwest, they would be thought impossible as “characters of fiction.” After a con— siderable number of speeches, delivered orally and now lost, and a number of addresses which being intended for delivery by the printing press, still survive, the Fredonians “appealed to the supreme arbitrament of the sword,” with successive triumphs and reverses, which must be left to the history of war. In the end, the “Provisional President,” having fortunately succeeded in “withdrawing” to the adjacent territory of the United States, wrote on behalf of his fellow-revolutionists a letter of the most distinguished diplomatic courtesy to Colonel Matea Ahumada, the Mexican commander who had overthrown the Fredonian republic. Colonel Ahumada’s reply, March 31, 1827, addressed to “Citizen B. W. Edwards,” is in the same lofty strain of distinguished consideration. After this con- clusion of the history of Fredonia, President Edwards returned to Missis- sippi, where in 1837, he actively supported the Texas Revolution during a campaign he made for Governor of Mississippi. He died in 1837 (Foote). He was born in Kentucky, but he had become a resident of Jackson, Mississippi, prior to 1825 when he first appears in Texas history. 168 TOW u milifm tram: II“law be ml the sin man a: IR’I'Ons Wilts], fillies: diluted hi" the , .;.:_;3;r,.> . ,, BENJAMIN w. EDWARDS 169 Stephen F. Austin, though personally on the best terms with him, deeply resented the attempt to force the Austin colony into the Fredonian “mad- ness.” The eloquence shown by Major Edwards may be wholly his own, but it has been suspected that he usually collaborated with H. B. Mayo, the “accomplished and versatile” Fredonian journalist, who returned with him to Mississippi. (See Biographical Data, Edwards and Index, Austin, etc.) APPEAL FOR THE REPUBLIC OF FREDONIA (Delivered from Nacogdoches, 1827, for publication in the United States,—-—-B. W. Edwards, and H. B. Mayo, collaborating as the Republican “Committee of Correspondence”) To the Citizens of the United States of North American:— FELLow-COUNTRYMEN: If it be permitted to the bounded intellect of man to fathom the beneficent desires of an Almighty Providence, and from what is passing, and what has passed, to conjecture what tomor- row will bring forth, we shall be compelled to believe that a political millennium is approaching, when the thrones of despotism shall be pros- trated, the fetters of mankind unbound andislaves, by a resurrection as miraculous as that which shall raise our mouldered dust into eternal life, be exalted to freemen. The history of the last century is but a history of the struggles of liberty. Inspired by the energies of her spirit, our com- mon ancestors threw off the yoke of a powerful nation. The beautiful regions of France, where despotism had grown into portentous magnitude, witnesses her succeeding struggle. Her efforts were gigantic, and the contest was dreadful, but the hold of tyranny was too strong on that devoted country. Yet even defeat was victory! Truth was struck out by the collision and men discovered their rights. The foundation of society and the principles of government were elucidated and from that moment, the voice of freedom has been heard, where before her name was unknown. Her holy spirit has been silently and secretly undermining the thrones of tyrants. But America is her favorite soil. By a mighty effort she has severed the destinies of Spain and Spanish America, and this whole continent, which from its discovery has groaned under Euro- pean despotism, is now, with the exception of the islands of West India, and the inhospitable region of Canada, a chain of independent nations. Still the work of freedom even here is not complete; People, Who from their birth have inhaled only the atmosphere of slavery,——Whose first impressions and feelings have been formed in its mould, and confirmed by the powerful influence of habit, cannot be regenerated in a moment. I 70 BENJAMIN W. EDWARDS Reason should teach us this, but freemen overlook even such palpable considerations in their enthusiasm at. the name of Liberty. ' Such, Fellow-Countrymen, has been the case with the emigrants from the United States of North America to the province of Texas, in the Re- public of Mexico. They fondly believed that they were merely exchanging one free land for another. They knew that this country had separated herself from the monarchy of European Spain; that she formed a government which she termed Republican, and had adopted a Constitution similar to that which they had ever venerated; but, alas! experience has taught them, that if the theory is Republican, the practice is weak, treach— erous and despotic. Invited under promises of land, they have not yet obtained a title to an acre. Seduced by professions of friendship, they have been received with an eye of jealousy and suspicion. Living in a remote corner of the Republic, they have been left by the Government to the despotic will of an Alcalde, who has ruled over them with a tyranny more intolerable than that of a feudal lord over his vassals. The man who dared to com- plain, was instantly branded with the displeasure of the Government and banished from the country. The servile adherents of the Alcalde, receiv- ing his protection, were licensed to give loose to their private resentments, and to set justice at defiance. The Government has sanctioned those acts of unendurable oppression, and without investigation, without giving its victim the privilege of being heard in his own defence, confirmed whatever punishment the malignity of the Alcalde may have dictated. j Having from their infancy been taught by that sacred instrument which declared the independence of their native country, “That to secure the unalienable rights of life, liberty, and the pursuit of happiness, govern- ments are instituted among men, deriving their just powers from the con- sent of the governed; that whensoever any form of government becomes destructive of those ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness”; and being by bitter experience convinced that the present government will afford them no protection, and that they have nothing to expect in the future but as they have felt in the past,——a continued invasion of their unalienable rights,—they have accordingly resolved, after a deliberate examination of their situation, to declare themselves independent of the Mexican United States. / In pursuance of this resolution, the Committee of Correspondence, appointed by the General Committee of Independence, have addressed cir- culars to the various Districts of this Province, inviting them to send Delegates to a Congress to be assembled on the first Monday in February next, in the town of N acogdoches. with It libem, them, dESCt:: Work 0;; land we many 33 shall gi Will lg} blessed , Constizu adorned We 1 [0 Enter: Milled“ Setted b, land, E Di my}, blOihers! \L [my J BENJAMIN W. EDWARDS I7I They are aware, Fellow-Countrymen, of the difficulty and the dangers that surround them. But, remembering the courage, the fortitude, the perseverance of their fathers while defending the rights of their persecuted country, and asserting her Independence, and feeling in themselves the same unconquerable spirit of freedom which animated their hearts and nerved their arms in the hour of peril and dismay, they are resolved to imitate such an illustrious example, and to perish rather than submit! They do not doubt, Fellow-Countrymen, that your sympathies are with them. They do not doubt that the sympathies of every lover of liberty, in every part of the world, are with them. The thought inspires them. Their greatest ambition is to show themselves worthy of their descent and of their cause. They trust that they are now finishing the work of freedom in this fine country. Her severance from her parent land was indeed a gigantic step towards its accomplishment, but many, many years were required to render it complete. If an approving Heaven shall give wisdom to their councils and success to their arms, the world will behold in a few years another Republic, small indeed in extent, but blessed with every advantage of nature, and under the fostering care of Constitutional freedom, enriched with an enlightened population, and adorned with the beauties of science, of literature and the arts. We need not enlarge upon the advantages which this country affords to enterprise and industry. The most salubrious climate, the richest soil, adapted to the cultivation of every valuable product of nature, and inter- sected by navigable streams, are the prominent features of this favored land. Fellow-Countrymen, we invite you to enjoy it. You shall partake of every advantage equally with ourselves. Such a country was designed only for freemen. You are freemen, you are our countrymen, our brothers! It is such a population we desire! —-C0mplete. Text of Foote, Texas and Texans, I841. ADDRESS TO THE INHABITANTS OF AUSTIN’S COLONY (Delivered by Circular from Nacogdoches, January 16, 1827) F ellow—C itizem .' —— AN IMPORTANT crisis is at hand—the clouds of Fate are fast gathering over our heads, full of portentous import—the rude clarion of War already reverberates through our forests; whilst the majestic Flag of Lib— erty is joyously waving over this once hopeless country. Yes, Fellow— Citizens, that glorious Flag which conducted our Fathers to freedom, has been reared by descendants, who burn with a generous ambition to equal iéim’i‘fifi'f ~ " in ;?'§ I72 BENJAMIN W. EDWARDS their immortal deeds; and under its shadow and protection we invite you to unite with us in brotherly confidence, and in bloody battle, if our com- mon enemies shall force this issue upon us. You have been much more fortunate than we have been, in being permitted to enjoy the benefits of self-government, without the continual intrusion of tyrannical monsters appointed to harass and to persecute in the name of the miscalled Mexican Republic. Your laws were merely social, and such as were compatible with your own feelings; and dictated by the genius of that Constitution which gave you political birth. But here the true spirit of this perfidious government has operated in its natural channel. Here‘have we seen exemplified the melancholy fact that an American freeman, so soon as he enters the confines of the Mexican Empire, becomes a slave. Here have we seen tyranny and oppression in its rankest shape, not surpassed by monarchy itself, even in the darkest period of colonial bondage. Not only the petty tyrants here, but the Governor himself has sanctioned those oppressions, and has decreed the expulsion and even the sacrifice of your fellow-citizens for asking justice. Yes, Fellow-Citizens, the documents found in the Alcalde’s office at this place develop facts that speak awful warning to us all. They prove, too, that a brutal soldiery were, ere this time, to be let loose upon this devoted country; and that our best citizens were selected as victims of destruction. In a little time you too would have felt the rod, the galling yoke, that bore us down. Your chains were already forged, and so soon as the laws and genius of this government, administered by its own officers, had operated upon you, you would have awoke from your fatal delusion, and like ourselves, have sprung to arms for the protection of your rights and liberty. And yet, Fellow-Citizens, we are told we shall meet you in the ranks of our oppressors; that the flag of liberty, which now waves on high, is to be assailed by Americans; and that the first bloody conflict must be “Greek against Greek.” Forbid it Heaven!!! 0 no, this can never be! The world will never witness such a horrid sight! What! Americans marching in the ranks of tyrants, to prostrate the standard of Liberty, raised for the protection of their oppressed and suffering brothers? The graves of our forefathers would burst open and send forth the spirits of the dead! The angel of Liberty, hovering over such a scene, would shriek with horror and flee from earth to Heaven! Fellow-Citizens, I know you better! I have already pledged my honor upon your patriotism and your bravery. I am now willing to stake my life upon it, and to lay my bosom bare to the bayonets of you, my Fellow-Citizens and Friends, in such a case. I am not ignorant that attempts have been made to invoke your hostility against us, and that even official documents have been read to you, impugning the motives and misrepresenting the designs of those who have rallied around the standard of Liberty. But, my Friends, those imputations are false as hell, and only worthy of those who know not how to appreciate the holy feel- BENJAMIN W. EDWARDS I73 ings of freemen, and whose great ambition is to be the pliant tools of power. ' We have undertaken this cause in defence of our violated rights, and are actuated by such feelings as prompted our forefathers to draw their swords in ’Seventy-six. Our oppressions have been far greater than they ever bore; and we should be unworthy of those departed patriots and of our birthright had we any longer bowed our free-born necks to such abject tyranny. You have been told, Fellow—Citizens, that we are robbers, and that your lives and property are in danger from us. You cannot believe it. We have saved you, Fellow-Citizens, from impending ruin. A few months will develop to you facts that will draw forth ejaculations of gratitude towards those who are now shamefully traduced because they are too proud to be slaves. We have made a solemn treaty with Colonel Richard Fields and Dr. John D. Hunter, as the representatives of twenty- three nations of Indians, who are now in alliance with the Comanche Nation. In that treaty your rights, your lands are guaranteed, unless you take up arms against us. Fellow-Citizens, most of you know me, and will do my motives justice. I have been honored with the chief command of our forces. I will pledge my life, my honor for the security of your rights, and the safety and protection of your wives and children. You have nothing to fear from us, or from our allies. You have every thing to hope from our success. We have not taken up arms against you, my Friends, but to protect you and ourselves. If we meet in bloody conflict, we at least will not be the aggressors. Fellow-Citizens, we must succeed! We will be freemen, or we will perish with the Flag! Be firm, be faithful to your brothers, who are now struggling for their rights, and the conflict will be short! We have rejected the overtures of peace, because weknow this perfidious govern— ment too well to be betrayed a. second time. Liberty and Independence we will have, or we will perish in the cause! Like Americans we will live,—like Americans we will die! I have pledged myself! You will do the same! -—Complete. Text of Foote, Texas and Texans, 1841. SENATOR S. H. EVERETT (Congress of the Republic of Texas, 1836) ‘ ' ~ ‘ HE speech of Senator Everett opposing Houston’s policy of releas- ing Santa Anna, shows great, if not fully sustained, ability. It represents the well-known views of Mirabeau B. Lamar, and except in the slight imperfections of its close, which a little editing might have removed, it is hardly inferior to John Randolph’s “best efforts” when those he did not love thought he was doing his “out- rageous worst.” It is a work of high art in the skill it shows when bringing to focus against Houston on his weakest point,—-—his notorious love for the spectacular,—the worst that everyone delighted to have said against Santa Anna. This is the purpose of the speech, for at the time of its delivery the thinking people of Texas had reached Houston’s own conclusion that it would be “too Mexican” to administer justice to Santa Anna after accepting him as a prisoner of war. Still, the most revolting truth that could be told about Santa Anna was highly acceptable to the Texans addressed when Everett pictured Houston as the American Wellington, riding in triumph with his captive, the Napoleon of Mexico, who after serving the purposes of the triumph, was to be magnanimously released to demonstrate Houston’s unprecedented moral superiority. This and everything connected with it is worthy of Lamar, and it ought to be mentioned that with the copy of the speech in the Lamar papers, there is a six-page draft, endorsed: “Notes furnished by Doctor Everett from which I wrote his speec .” This is said to be “in Lamar’s handwriting,” so that his “inspiration” for the speech may be taken for granted. As here given from the Lamar papers, omitting the discursive opening, the text is ver- batim, with only such editing, through punctuation and orthography, as the Lamar papers generally require. (See Biographical Data, Lamar.) I74 W5. 1 [1511111 fa 1111181111 10111}: 1 3111111111261 neitherou; 11111111 1111151115}“ condemnat 311011111 1101 101111 1153101 5 11111111011: 11111135 11151011 3) 111110111 11-11, 15fl00r1 111511115 111111111 011111111110 I111011153 If 11101101 fan? .4;- z: - 1 1 mac—x ”@011 110111 011m 311 'atih "111 111 1&0 10101111111 111° 1 g11111111111c 11111111111v ”anew 1 ‘ r11111 In115m 611 110]“ ( \ :7 L- r- 9.: n g :— is 15 1 11 1 L?_ 1 .w IV “,Mlt film i N “Mile [0 . u M Infill SENATOR s. H. EVERETT 175 ON HOUS‘TON’S MAGNANIMITY TO SANTA ANNA (From the speech in the Texas Senate on the message of President Houston, Disapproving the Senate resolution, “making it obligatory on him to consult the Senate on the terms of releasing Gen- erals Santa Anna and Almonte, November c. 16, 1836) E ARE told by the gentleman from Brazoria, who seems to be the President’s chief champion on the question and who has a won- derful facility in supplying all the lapses in his Excellency’s arguments, that Santa Anna was once ours for vengeance, but he is now ours for policy. These I think are his very words, and they convey, when properly scrutinized, a species of morality to which I cannot subscribe. He is neither ours for vengeance or for policy,——-he is ours for justice only! “Vengeance is mine, saith the Lord.” Man has no right to inflict punishment upon that principle. When a guilty culprit is before us for condemnation, the sentence should be founded upon the law and equity, and should not spring from motives of hatred or of vengeance. Justice is a holy and immutable principle. Vengeance is a strong and vindictive passion. Suppose the gentleman who had advanced this argument, were sitting on the bench, clad with the robes of justice, and a notorious mur— derer was arraigned before him for trial? Would he be guided in his decision by vengeful feelings, or by abstract considerations of justice? What would we think of a judge who would act upon such a principle? And what shall we now think of the principle itself, when urged upon this floor? If it be wrong and unsound on the bench, it is equally so in the Senate! And if permitted to influence our conduct here, why not there, and everywhere? The same reasoning applies to the gentleman’s position about policy. My notion of morals will not. permit me to pursue any course other than that which principle points out. If policy runs parallel with this I adopt it; if not I reject it. But what is policy? Sir, there are two kinds of policy. The one a short- sighted policy that aims at some immediate and temporary good, only; the other a broad and comprehensive policy that looks beyond the present good or future consequences. A patriotic Athenian once said to his people that there was a secret measure of great importance which he wished to communicate, but that it would not do to confide it to all, whereupon it was universally agreed that it should be disclosed to Lycurgus. This was accordingly done. Lycurgus then presenting himself to the multitude, said: “Athenians, nothing can be more beneficial to our country than the measure proposed, and yet nothing can be more unjust.” At this every voice exclaimed: “Let us be just no matter what good we lose A A ""fi"1,‘ I76 SENATOR s. H. EVERETT or what injury we receive by'so doing.” Accordingly the Grecian fleet, which had been secretly moored in the bay, was permitted to depart without being destroyed as was proposed by treachery. Here, Sir, was a field for the adoption of either of the kinds of policy of which I speak. By burning the enemy’s fleet, Athens might be saved, and its liberty secured. It was therefore politic to do it,—-—this is that short-sighted policy! But by suffering the fleet to escape rather than destroy it by improper acts, the sacred principle of justice was preserved, and this is what I call policy in its enlarged and comprehensive sense! Indeed, Mr. President, after all, there is nothing truer than the old proverb, that honesty is the best policy. No other kind shall ever govern my conduct. Let the gentleman from Brazoria then consult vengeance first, and policy next. But I will consult neither one nor the other. I will look with a single eye alone to justice, which in my mind is the best policy in the long run. The gentleman’s reasoning is this: Santa Anna immediately after the battle of San Jacinto was ours for vengeance, but inasmuch as we did not take it then, but made an armistice with him, we have no right now to gratify that feeling. I answer that there existed no right to gratify that feeling either then or now; the passion is one that should have no influence in the Senate chamber, the courthouse or the jury box. I main- tain that we should deal with him agreeably to the rigid and sacred prin- ciples of justice. But the gentleman tells us we must use him now as policy directs; justice is not worth naming once. Sir, shall we keep him or release him? This is the point to which the honorable gentleman would conduct-us. I have no objection to march- ing up to it, but there is a preliminary difliculty to settle; he must satisfy me that the prisoner either never'forfeited his life by crime, or having forfeited it, that he has subsequently redeemed it by some act of his,— that Santa Anna is not in a moral point of view a murderer; that he is not a bloody violator of the principles of humanity and the laws of nations, and that he has not forfeited his life by his butcheries at Goliad and Bexar. Sir, who will have the hardihood to assert that he has not? And if thus guilty, what good and virtuous, all-redeeming deed has he since performed to purchase his redemption from the sentence of death? He has done nothing—nor can he do anything which would justify us in not enforcing the law and equity against him.- We have no right to let a villain purchase away the penalties of crime. Such traffic would be damnable. But we are told if he has done nothing to save his life, we have! Let us examine into this: What have we done? We made a treaty with him which neither party has fulfilled; he because he was unable, and we because we were unwilling. And this circumstance is now plead in favor of the audacious slayer of our kindred, as a suflicient reason to forgive him for all his outrages against God and Nature, and to turn him loose, a liberated demon upon mankind, to re-enact his horrible , A. ”a lragediet would to a the bargain side: in u murderer: 7: push the mg been made. ‘ to suspega : the ind: SW! 2 .. vii Lg ”William an 5333 he has 5' j.:. that life 3,; a “5) and elite: 7 bet , : i" H] 113 i0 Wei-x “u. SENATOR s. H. EVERETT I77 tragedies. Suppose we had by a treaty said to our prisoner that if he would do certain things we would grant him his life. Shall we abide by the bargain? I answer: Not on our part unless he does on his! I con- sider that we have no power to make such a treaty with a cold-blooded murderer; but gentlemen not satisfied with controverting this position, push the matter so far as to assert that merely because such a treaty has been made, without the fulfillment of a single stipulation, it was enough to suspend the operations of law and justice, and to give the guilty all the benefits of the compact, as if he had complied with every part of it. Such an argument, Sir, would be discreditable to the gentleman’s good understanding, if urged in earnest, and it evinces a want of candor if urged sophistically. That my views may be distinctly understood, permit me to recapitulate. I contend: First, that we never had a right to deal with Santa Anna, otherwise than by the rule of law and justice; secondly, that he has by his crimes forfeited his life; thirdly, that he has not redeemed that life by any act of his; fourthly, that the treaty made with him is not now binding, because it granted what one party had no right to bestow, and exacted What the other never did, or could fulfill; fifthly and lastly, that if the prisoner’s life be not forfeited by law or justice, it should not be taken for vengeance; and if his crimes merit death, it would be wrong in us to waive the penalty for profit. If these positions be unsound or untenable, it remains for the President and his co-workers for the immedi- ate release of Santa Anna, to prove them so by other arguments than what they have as yet condescended to urge. But I am not afraid to meet the gentleman even on considerations of policy. I grant him by way of argument all that he asks :—that Santa Anna has, by some unwise act on our part secured a perfect title to his life. The question is then whether we shall release him immediately or hereafter? I say, hereafter! The gentleman from Brazoria says, im- mediately! What are his arguments? Why first, that he is useless to us, but once at liberty he will have the power as well as the willingness to serve us. This, Sir, is completely begging the question. I contend that he is useful to us here, and will not be when away. I will do the gentleman one piece of justice, however: He slightly glanced at His Excellency’s arguments about the expense of keeping the prisoners, but his good sense i would not permit him to adopt it, or to urge the matter upon his own responsibility. He felt that it was “thin air” and wisely left it to float with other idle winds. But let us for a moment estimate the chances for good, promised by the measure proposed. By sending Santa Anna to Washington City, it is said that a treaty for the acknowledgement of our independence will be immediately brought about. I ask, where is the evidence of this? Why, we are told the prisoner really declares it from his own mouth! Indeed he does,-—and certainly he will not forfeit his reputation before all mankind by a non-compliance with his promise? ‘ 11—12 I78 SENATOR s. H. EVERETT Mr. President, this is the guarantee offered by the gentleman for our recognition by Mexico,—-—the word and honor of General Santa Anna! Sir, the honorable member has rebuked me once for laughing at this very argument. He must excuse me,—I cannot keep my gravity. I do not know in what estimation exactly he holds the faith of the ex-President of Mexico; but the history of the prisoner’s whole life and especially his recent acts in our own country will not permit me to place one particle of reliance upon his ipse dixit; and if no other pledge or security can be given that our independence will be the result of his liberation, I must be permitted to say that that is to me altogether insufficient. We all know this very well, that if Santa Anna now returns to Mexico, his power would be very precarious and doubtful; if effectually put down there, he could certainly do us no good; and if rest0red to full power, the only chance of good lies simply in his promises. And what are they worth? The gentleman from Brazoria thinks they may be safely relied on. So thought FANNIN; but I think when re—placed in his presidential chair, he will do exactly whatever his own interest and self—preservation may require. I am so thoroughly satisfied of this that I must have some other chance for a good result before I can give my consent to his release. Against this flimsy prospect of good, let us oppose the probable, if not certain, evils which might follow his release: He goes to Wash- ington City, thence to Vera Cruz, thence to Mexico; and there he finds the Liberal party gaining strength; he rallies his Central friends; puts down the Liberals, reinstates himself in power,—and then, what will he do? Will he make war upon us again? Never, in his own person! You could not hire him for fifty States like Texas, to make his re-appear~ ance in this country, even at the head of 50,000 soldiers; for he has seen enough of us to know that we have only to stretch forth our arm and touch them with the steel, and’lO! the squadrons vanish like the airy armies of a dream! No, he will never come again; but he will still withhold the acknowledgement of our independence in conformity to public opinion there, and continue to annoy and harass us by perpetual border- incursions, which would more impoverish and injure us than one formidable and vigorous invasion of the country. The state of parties at this time in Mexico would not allow him to acknowledge our independence, and think ye that he is so specially devoted to our wishes that he would hazard his own popularity and jeopardize his power by trying to change public senti- ment on so dangerous 3 question, merely for the love he may bear for his word or for us? It is a most preposterous idea; and yet it forms the main argument for his release. No, Sir, I assert that it is the true policy of our country to keep him a prisoner. We know that here he can do us no harm. In Mexico he can. We all know, too, the power of the priests in that Catholic country; he is their shield and buckler; he is also the idol of the soldiers. If he is ready to effect through his influence our inde- pendence, ' will race: and peril wring; h inlet! 3 but afier': our i: sophéa. .. to its ' within allainmfin: authcyg municazi W San 025 ‘ V 1 Hi n33 9 HE A‘ i 6““ as: lithium“ Em! 0n the: 13mph tel: .OV‘mment I then they W0 “th is not in ‘0 Santa in; say you do, n“ ligain Olll‘ ; v 1111 SENATOR S. H. EVERETT I79 pendence, let him write home to the priests and the soldiery that if they will recognize us, he can be set at liberty, to join once more his friends and partizans. “N o, no,” say his advocates; “this will not be done by his writing; but they will do it for him if he asks it in person.” Wonderful, indeed! His nation will not purchase his redemption from captivity; but after he is once liberated, they will then pay the price we ask, which is our independence. We have evidence before our eyes against all this sophistical flummery; and I beg leave to call the attention of gentlemen to the singular and important fact that there is at this very moment within the paling, a messenger from Tampico to Santa Anna, bearing dis- patches to him proposing that if he will write a letter to the Liberal party in Mexico, advising the recognition of our independence, that event would be immediately brought about; and his release would be the consequence. Here, then, we see that Santa Anna can most effectually serve us in the attainment of our recognition; he has only to write, and we have the authority of the above-mentioned bearer of the dispatches, that his com- munications will most materially contribute to this desirable end. And yet Santa Anna declines writing such letter. And why? Simply because he has been encouraged to hope that he can be released on easier terms. He, the prisoner, is not willing to bring about an acknowledgment of our independence merely for his freedom. He will cause us to be acknowledged only on the ground that he is restored to full power. The messenger from Tampico tells us that he was deputed by the Liberal party to advise our Government to detain the prisoner until they should come into power, and then they would recognize us. Then in the name of all the gods at once, why is not such a letter written? Why does not our President go at once to Santa Anna, and say to him: “Sir, if you desire to serve us as you say you do, now is the time!” No; His Excellency, our President prefers to gain our acknowledgment after the release of his prisoner, and not before. He wants it to be the act of President Santa Anna, and not the act of the Liberal party in Mexico. There is, I fear, some vanity at the bottom of this project of sending the captive to Washington City. I have no objection to having the weakness gratified provided it could be done without detriment to the public interest. No man would be better pleased than I would to see General Houston and General Santa Anna on a tour through the United States. To view them both at the ; court of Washington at the same time,—the one the Napoleon of the ' South, the other the Wellington of the North,-—-—would be a dazzling and delightful sight,—quite a borealis,——which, reflecting mighty flakes of blazing glory upon our national character, could not fail to be most thrilling to the bosom of every true patriot! Yet I do not like to display national splendor at the peril which the display might involve. I am . pleased with the display itself, but not with the danger. Sir, when the scene breaks, when the phantasmagora is over, General 180 SENATOR s. H. EVERETT Santa Anna will return to Mexico to fit out another expedition against us, while His Excellency will return perhaps to his garret to cogitate new devices to entrap his quondam friend. All this might do very well were it not for one obtrusive reflection, the one the frogs. made when pelted to death,—w’z., that though it was sport to them, it was death to us. Mr. President, we have everything to gain by holding on to our prisoner, and everything to lose by sending him to Washington City. There is one other point upon which I will touch, and then dismiss the matter without further tax on the time and patience of this body: We are told by honorable gentlemen that the release of Santa Anna would be a brilliant act of unparalleled magnanimity; and to witness the President of eight millions of people so humbled by General HOuston’s exhibition would be ‘ so sublime that it would deluge the universe with glory! If vanity again should be found to lurk in this matter, it would be wrong to reproach it if it be true, as Cicero says, that it is the infirmity of noble minds; but still the idea occurs to me, that it would be rather a misdirected magnanimity, which would turn loose upon the world another “Até,,’hot from hell.” Such is the magnanimity now proposed. Santa Anna, the SLAYER OF OUR FRIENDS AND BRETHREN,—-—THE PIRATE,— THE ROBBER,—THE MURDERER,—THE ALL-HORRIBLE DEMON IN HUMAN SHAPE, whose march through the world is to be traced by the BLOODY TRAIL he leaves behind,—is to be screened from justice; is to be turned loose again like a hell-hound upon his race, for the all-glorious purpose of exhibiting his conqueror in the exquisite attitude of a magnanimous hero. Spirits of Bowie and Travis, and Bonham, and all ye gallant martyrs of Goliad and Bexar, what think ye of this? To see thy murderer figuring at the capital of thy native country, peradventure with his conqueror by his side, pleading with the President of a powerful republic to reinstate the tyrant and‘blood—stained assassin upon the ruined liberty of Mexico, that he may with most gracious condescension acknowl- edge the independence of our country! And this is the magnanimity which is to reflect the sunshine of eternal glory upon Texas! 0, Sir, from such glory as this I ask you to aid me in shielding our adopted land! I am willing to “strew flowers into the conqueror’s path,” or to bow my own forehead at the footstool, or to toil in the harness of despotic power, or to do anything else that will save our national escutcheon from this meditated honor. The hand that signs the liberation of Santa Anna before the acknowledgment of our independence, will fix upon the reputation of Texas a stain more to be dreaded than the branding iron of guilt and shame. —From the Lamar Papers, Number 485; Texas State Library; Volume I. as published. P} "C m; Gel were not al [loing 50, w Hons had in: Ho“ against ”0t ”Putin lion hellery ”llemem, 7 We in it; was spent (Penman of Em“ ‘ “lip! HENRY EXALL (President, Texas Industrial Congress, 1913) s PRESIDENT of the Texas Industrial Congress and leader of the “Conservation movement,” the late Henry Exall was full of all manner of statistical information which he wrote down and delivered voluminously on many occasions. If his audiences were not always able to follow him statistically, they had no difficulty in doing so, when his own comprehension of his mathematical demonstra- tions had inspired him to one of his extemporaneous outbursts of indigna- tion against human stupidity and carelessness. Then he brought cheers, if not repentance, from crowds which might rarely stop to make the distinc- tion between “soil” and “dirt.” As the promoter of the Conservation movement, Theodore Roosevelt himself never reached the pitch of elo- quence in its behalf from which Exall could not refrain as he closed his Dallas speech of 1913. (See Biographical Data, Exall.) A PLEA FOR POSTERITY (Peroration of his Address on Soil Conservation in Texas before the Texas State Teachers’ Association, Dallas, 1913) ' WE LIVE exactly as though we thought we were the last crowd to occupy this earth. We want to cut every tree, turn every furrow, dig out every mine, pump all the oil and gas from the bowels of the earth, and leave a skeleton to the people that are to come after us. The holiest thought that any man, woman Or child can have is for the babies born and to be born. You would go to any cost to feed them, and the smaller and punier the harder you would fight and the longer you would stay on the firing line. Will you rob them now wantonly by your destruc- tion? What do you do? You consume the grain that grows upon the land and takes out the vital forces. You consume the stock of every kind that does the same thing. The waste goes through the sewer to the sea, not to come back again, just as the rich earth goes annually from the United States down the streams to the gulf and the ocean every year. Man for all time has been mummified and petrified and buried so deep down in the bowels of the earth that he has never got into this upper crust. 181 I82 HENRY EXALL Don’t you get the whole thing? Don’t you take it all? Isn’t it perfect robbery, absolute, careless, criminal robbery—criminal carelessness—put it that way? Mark this statement. There is no permanent agriculture with a very large population. As long as you can rob Peter to pay Paul; as long as you can buy Jones’ grain and feed it to the cattle on your land; as long as you can plant leguminous crops and turn them under in connec- tion with the manures, fertilizing matter, excrement and everything else combined and put it back; as long as the phosphate mines hold out for you to haul away, so long you will last. We had better export our gold, we had better send away our diamonds and precious stones, we had better send away everything else, and hold to this precious metal, phosphorus. For the present these mines can continue to supply you, but presently there comes a fight between the man and the acre. The man can no longer borrow from Peter, or buy from Jones, or haul from the mine. He takes away more than he returns, and he gets the acre. What is the next move? Naturally, the acre gets him. The old nations of the earth have starved to death largely from this same cause. Rome robbed Italy, Sicily, Sardinia and Africa, with their captive slaves and» captive peasants, until her wheat crops ran down from forty to four, and that was of such poor quality that it would not sustain vigorous animal life. So those old nations, when they cried to Almighty God for a promised land, meant a land that would grow food that would feed the people. That is what they meant. There is not any question about that. Exactly what they cried for was some place that would give them life-giving food, bread. Teach children what you will, but I want you to feed them first. There is not a country worth while on the face of the earth with a hungry and anemic population. When the Goths and Vandals from the hill country took the Romans into camp, they did it not by virtue of the overfed few, but by the anemic condition of the multitudes. Thirty—two years ago I helped to drive five thousand head of cattle from Western Texas to Mon— tana. They had been raised on free grass, free as air. We might have had a milliOn of them out there and had space enough for them. When we passed through the corn states, if we had needed to fatten them for the markets, we could have bought corn at from six to ten cents a bushel, with roughness thrown in, grown on land that we could then have bought for ten dollars an acre, that produced thirty per cent more then, because it was virgin soil, than it does now. Now, mark you the change. The corn is worth seventy cents instead of six to ten; the land is worth $150 instead of ten dollars; and there is no more free grass in all the mighty West. If the thirty or thirty-five years that have just passed have brought about that condition, what will the next thirty-five or forty bring, treating the lands as we are treating them, destroying them as we come to them, making no provision for them. It has been said that a thing that is everybody’s business is nobody’s business. But let us call a halt. That is ll would a that at: . ‘er‘ T L LL}, p3,: .. E“lifts? " E: H a, 3:,- m , n r - "fi‘ HENRY EXALL‘ 183 why I am out working. If I saw ten thousand people here in a mighty building, everybody intent upon what he was doing, hoping, striving, believing, and I knew and you knew there was quicksand under it, and it would presently topple and fall, we would do one of two things—get them out, or put a jackscrew under it. Let us put the jackscrew under this. Let us stop the waste all over the nation. Let us stop the waste in the home. Let us stop the waste on the farm. Let us stop the waste in the cities. Let us stop the waste in transit. Let us realize the fact that the greatest entity, materially speaking, on the face of the earth, is the acre that will produce the food that will grow a man. Teach that to your children. Teach them that outside of the high and holy things they worship they should hold the land in highest regard. There is no cavil about it. You have found no way yet by which the sons of men can be fed except by the products of the earth. Then the earth, that brings these products, that feeds the people, that creates the mighty nation and the great development in brain power as well as physical power that we have had in the last fifty to seventy years, is, outside of the higher and holier things—it is of all material things—the most impor- tant. We build great telescopes on the mountain side to sweep the sky. We make investigations at great cost everywhere, and it is a holy duty, well performed. Wouldn’t it be well to stop a minute and look down at the earth and examine it, and see whether it really contains the proper elements? So few of us pay attention to it, but look at the picture I gave you of the cattle on the boundless range and of the price of the corn we fed them, and of the changed conditions. Will a powerful people, with these changed conditions, be forced to buy cheaper foods at a higher cost of living and a cost of higher living? Will they by these cheap foods lose efficiency and become anemic, and be swept from the face of the earth? Oh, the opportunity is with every one of you. It is your duty, your bounden duty, every man, woman and child everywhere, to preach this doctrine. . . . . O save the lands that they may preserve and be able to protect these people. Land does not grow as population does. More of it goes into the ocean than grows. It takes five hundred years by Nature’s regular processes to produce an inch of soil on a rock; and one bad, rainy night on a farm on a hillside,—where the roots have been destroyed that should have been allowed to grow,—will wash into the seas more land than will grow in a century. Let us change these conditions. Let us leave some trees uncut,—some furrows unturned, some mines undigged,—for the generations, and for the happiness and prosperity of the multitude, that should rightly occupy this earth after we have left it. (Applause) —Text of the “Proceedings and Addresses, Texas State Teachers’ Associa- tion,” Dallas, 1913. mflm ' ..i A r. e-wsaasvsgi‘ e g! rat's—L ‘ A :-i:£9<,5 €9.91r-2-u’? THOMAS H. FRANKLIN (President of the Texas Bar Association, 1894-95) j N 1915, WHEN the toast, “The Lawyer as a Moral Force,” was 1 given at the dinner of the Texas Bar Association in San Antonio, it was expected that Thomas H. Franklin, who had been chosen to respond, would vindicate the bar against the charge, then persistently reiterated, that the highest education given by the law-schools of the country was being marketed to the highest bidders, when it was known that the highest price paid for such knowledge of the law was by those who wished to be sure of both success and immunity in evading it. Mr. Franklin’s address belongs to the data of history as well as of ethics in a period which for centuries to come, must be studied with the closest attention by all who attempt to comprehend the processes of life. NATURE’S NOBLEMEN AT THE BAR (In Response to the Toast, “The Lawyer as a Moral Force,” Banquet of the Texas Bar Association, San Antonio, July 2, 1915) Mr. Toastmaster, and Y ou, My Brothers of the Bar:— HEN this Association has its annual banquet and its attending mem- bers gather around a festive board to eat, drink, and thereafter repent, it is a hallowed custom that those who respond to toasts shall not fail to deftly deal out honeyed words of praise to “our profession.” That custom is not honored by its breach, but by its observance, and I shall therefore render it willing obedience here to-night. The sentiment, “The Lawyer as a Moral Force,” must appeal to all the members, grades and ranks of that noble profession without regard to race, nativity, breeding or previous condition of harmless respectability. When a judge of some great court of last resort writes an opinion that makes history, his breast must swell with pride, and his soul grow warm with‘thankfulness, that it has been permitted to him to publish words that will sound‘along the avenues of time—and when the “shyster” takes five dollars from a “drunk and down” and shares it with some police officer who has commended him to the “bum,” how he must rejoice in 184 the know admirist: Wit: widow a: theta “gun but M011 hill. ijd WP, wills 511 Wt lath ‘ We of haikfin All; 5m 55 bu‘ Ina : 5 :E ‘l .. N am” m0ralf 9T3. Elsi . DICE 1 Edit; W1 \' "Elisha l; \itnflf \ 4., THOMAS H. FRANKLIN ,. 185 the knowledge that he is exercising his moral force in the due and proper administration of the law? When the mangled victim of a railroad wreck is brought to weeping widow and orphaned children with the professional card of some self- acknowledged eloquent advocate pinned to the corpse, how quickly the law- yer’s moral force pervades the chamber of death? ‘ When some gifted corporation counsel having advised his corporate client that it is clearly liable for damages in a case submitted to him, and his advice has been rejected by some claim agent more learned in the law than he and the attorney thereafter enters with head erect into the temple of justice and pleads to a jury that there is absolutely nothing in the plaintiff’s case and implores the jurors not to impoverish his company by an excessive verdict in plaintiff’s favor, surely the atmosphere is fairly surcharged with moral force? When a prohibition wave sweeps over a State and men and women clamor for the destruction of the Demon Rum, is it not some long-locked lawyer with "a faucet to his tear ducts who tells with sob and shudder how he was saved from a drunkard’s hell by having the whiskey bottle taken from his longing lips by loving hands, and begs to be sent to the Legislature that he may prove by his works the sincerity of his words? And when, responsive to their emotions, the voters send him to that august body, does he not evidence his moral force by pigeon-holing prohi— bition bills and taking the sting out of liquor laws? And who, in such a campaign, is his rival on the stump? It is not some other noble member of our profession, who groans with grief and wails in woe that we are departing from the home of our Democratic fathers, abandoning the ark of the covenant, heedless of the fact that the price of American liberty is five cents a glass, and that if we do not hearken “unto his Master’s voice” speaking through him, freedom will soon be but a name and the American Eagle will sit chained, with droop- ing feathers, in some preacher’s library, slowly starving to death on a skimmed milk diet? “I beseech ye, my brethren,” he cries, “heed the moral force of the bar, take spiritual comfort therefrom, imbibe its sweet fluids until you can ‘paint the town red’ to the glory of God and pass to everlasting life in a delirium tremens.” Is it not true that the lawyer has battled in the front ranks in every great movement for the advance of civilization and the good of mankind? Has he not vigorously fought monopolies for ages as great dangers to the individual citizen? And did he not invent the private corporation so that monopolies might be readily formed? Did he not create for clients great trusts and thereafter vigorously demand legislation to control them, and when the legislation was secured did he not show his clients how to violate the law and yet keep on the safe side of the penitentiary doors? Who has advocated more good laws than the lawyer-legislator? And .‘C‘fl‘ I “ ,tx~—“:—x. _ , w r._*§:§: ~51 ‘1‘§~—‘-.vé§+.r-A 2‘ .xi; ”3.“ ‘Efi.ff3fi”&“:£:-£.£:¢Zfl .4 ‘9?! 9222‘! 186 THOMAS H. FRANKLIN as a legislative expert at pigeon—holing many of such laws does he not stand supreme? It has only been a few years ago that a visitor at our State capitol might have witnessed the inspiring sight of some limb of the law address- ing the Legislature and denouncing in lurid language corporate greed and oppression, whilst there reposed in his hip pocket a book filled with railroad passes. Does the world contain a greater instance of unselfish devotion to country than that shown by the passage by a legislature composed largely of pass-carrying lawyers of an anti-free pass law—the law to become effective ninety days after adjournment? Think of such a wholesale destruction of values with ninety days’ use reserved. Was it not a distinguished advocate who voiced the sentiment of a patriotic people in the thrilling sentence, “Give me liberty or give me death?” And do not many of our learned profession comfort trembling clients by the soothing words, “I will give you liberty, but you must get me my fee ?” Was it not a great lawyer who announced that “all men are created equal” and penned the statute that destroyed the rule of primogeniture in his State, and have not lawyers since then obtained favors for the few to the inequality of the many by securing valuable public franchises for cor- porate clients? In every age the lawyer “has taken counsel of unbending truth,” has been the earnest spokesman of the poor and the oppressed. Shrivelled, 'shrivelled indeed must be the heart of him who has not felt virtue’s warm glow through his being when reading the powerful pleas for individual liberty of a Phillips or a Curran! And how admiration possesses us when we look upon some astute lawyer chasing a corporate franchise in the lobby of a legislature or before the council of a municipality? Is it not true that the world is bettered, enriched and enobled by such jurists as Gaius, Papinian, Grotius, Selden, Puffendorf, Vattell, Potheir, Von Ihering, Lords Eldon and Mansfield, our own Marshall and Storey and numberless others, and that the lawyer, as a moral force, is felt even in the innermost depths of a gambling hall, where he who runs the resort in some mysterious way secures immunity from prosecution? Does not our noble profession demand of its members meeknessof spirit and economy in living? Think how lawyers cheerfully accept an annual retainer from the millionaire president of a Chewing Gum Trust, or a fat fee from the magnate of a Horse Liniment Corporation, and then ask that their more learned, but less worldly-wise, brothers shall preside over the courts of the country, consecrate their learning, their labor, their characters and their consciences to the administration of justice for less annual compensation than the yearly wage the plutocrat pays his cook! Think, gentlemen, of how great lawyers our profession has loved to honor have stood out against all temptation to wrong, have preferred the What %5 been a 979: THOMAS H. FRANKLIN I87 competence of honorable accomplishment to wealth earned by devious means, and have left to us as a glorious heritage the records of their lives to inspire us to worthy efforts and nobler attainments—and then think, oh, my brothers, of some unctious counsellor who has met the offer of a large fee for the sale of his influence to some grafting combination with, “The whispered no—how little meant; Sweet falsehood that endears consent; For on his lovely lips the while, Dawns the faint relenting smile, And tempts with feigned dissuasion coy, The gentle violence of joy.” What is the lesson in what I have said? It is that our profession has been a great moral force in the past to the extent only that its ethical standards have been high and have been lived up to by its members and that it will continue to be a great moral force in the future to the extent only that we keep those'standards high and conscientiously live up to them. When we look upon a mighty river that flows through miles and miles of populated country we do not judge its usefulness nor measure its force by the few carcasses that float upon its surface, but by the multitudes it feeds, by the fertile soil it irrigates, by the commerce it carries, by the factories it runs. When the eye follows the sweep of some powerful searchlight, as its rays are swung far out from shore, it is the might and majesty and domin- ion of the ocean that should hold our vision and not some lone drift-weed that is tossed by the waves and driven by the Winds. So the moral force in our profession is not to be sought in its flotsam and jetsam, in its miscarriages and illegitimates, but in its high purposes, noble endeavors and great accomplishments. Not in the petty adventures of some disreputable attorney whose brain is so thin that it would not spread over a biscuit, and soul so small that it would rattle in a mustard seed, but by looking into the heart and mind and spirit of some Lincoln, who let no malice guide his conduct, no hatred misguide his conscience and of whom we can say: “Thy soul was like a star, and dwelt apart; Thou hadst a voice whose sound was like the sea, . Pure as the naked heavens, majestic, free; So didst thou travel on life’s common way, In cheerful godliness; and yet thy heart The lowliest duties on herself did lay.” Not in the hypocricies of some small lawyer-politican, who may have demagogued himself into a limited prominence, but by holding soul converse 188 THOMAS H. FRANKLIN with some Wilson, who, with lasting faith in the true ideals of his people, and profound belief that through them this country will go on and on to the great destiny to which those ideals point, with clear head, sober judg- ment and God-loving conscience, is saving this Republic from the blood- madness of the European nations, without sacrificing its national honor or putting a stain on the courage of American citizens. Gentlemen, our profession is an institution of the State. Organized society has established courts to protect its citizens in their property and personal rights, and the lawyer is an oflicer of those courts—a minister of justice therein, and it is his duty to uphold the right and not prostitute his office to the protection of wrong. If he uses his office as only a means to make money out of his clients, he debases himself and degrades his calling. Whoever accepts such office must aspire to the full performance of its trust if he hopes to rise above the low level of a pettifogger. He must put honor above shrewdness, integrity above chicane, a clean con- science above a dirty purse. He must have courage to overcome obstacles, patience to await fulfillment of his work, strength to face disappointments, a profound faith in lofty ideals and the ultimate triumph of truth—and above all he must find more honor in preserving his self-respect than in amassing wealth or gaining power. —Proceedings of the Texas Bar Association, 1915. POETS AND ORATORS AS PROPHETS OF HUMANITY (From his Address on “The Honor of the Bar,” San Antonio, July 2, 1907) PEOPLE feel before they think, and think long before they speak; and when long-pent feeling urges slumbering thought to uncertain mut- terings, a cry goes forth for some master-mind to fund the feelings and voice the thought and make the multitude understand themselves. The call is not to the philosopher, for men die while he ponders; nor to the minister, for his intelligence is cramped by a creed; nor to the man of business, for his horizon is bounded by the material; nor to the states- man, for he always suffers somewhat from the timidity of the politician; nor to the historian for he is a recorder of events; nor to' the lawyer, for he is weighted with the conservatism of ages and measures his imagination with a logical yardstick,——but it is to the poet and the orator, for the soul of the martyr is theirs, and theirs the second-sight of the seer, and the clearness of vision to see the infinite shine through and glorify the finite; And so to the poet, the call is made: “Arouse, let thy soul break in music’s thunder, ‘ Let loose the ocean that is in thee pent, THOMAS H. FRANKLIN 189 ' Pour forth thy hope, thy fear, thy love, thy wonder, And tell the age what all its signs have meant; Sit thou enthroned where the poet’s mountain, Above the thunder lifts its silent peak, And roll thy songs down like a gathering fountain, That all may drink and find the rest they seek; Sing,—-there shall silence grow in earth and heaven, A silence of deep awe and wondering, And listening gladly bend the angels even, To hear a mortal like an angel sing.” And to the orator the call is made: Go ye among the people; sit by their firesides, walk with them beneath the forest trees, follow them as they turn the rich furrows in their fertile fields, worship with them in the cross-road church, dance with them in their village halls, listen to the trembling words of love by youth to maiden spoken, meet with them in the turmoil and strife of business and linger in the evening glow with those whose hair is touched with silver and whose eyes are dimming in the shadow of the final night, and, finally, go with them to that hallowed spot so sweetly called “God’s Acre,” and bow with them in grief over those narrow strips of soil that are all of this vast world the dead may claim. And when you have done all this, then speak and tell the world the meaning of its thoughts. Speak as a prophet not as a phrasemonger— “For men in earnest have no time to waste In patching fig leaves for the naked truth.” Speak as one who has found the soul in human thought and heard the whisperings of God in the murmurings of man. And the poet will sing and his song will pulse with the heart beats of humanity and will give forth a light that will illumine the past and the present and shine far into the future; and the orator will speak and his words will come fresh forged and hot from the furnace of truth and burn into the conscience of a listening world. Then, indeed, will the voice of the people be the voice of the ever living God, for they will understand themselves and brooding thought will take form in concrete action and an epoch be marked in the life of civilization. - To few, indeed, is this great mission granted and they are God’s elect and carry evermore His warrant in their hands and their glory is a glory that comes from above, and whether they win a Victor’s crown or gain a martyr’s cross they will ever fill an undying place in the hearts and memories of men. —Proceedings of the Texas Bar Association, 1907. strt to v i; rest HIRAM M. GARWOOD 33 (President, Texas Bar Association, 1905-6) . " *3 31‘ Is doubtful if Lord Balfour ever spoke so well on his favorite you . political theory of “Noblesse Oblige” as did Judge Garwood in 3113 333333“ his Address at the University of the South on “The Scholar in f 3333331 Politics.” Among British orators who have addressed the House . 5' 3333 of Lords during the present century, Viscount Morley might have shown ‘ E33333: the same merits of style and finish in expressing related ideas, but there is ‘333 hardly any other well—known British speaker who is at all likely to have , 3 333 done so. Those who compare Garwood’s “Scholar in Politics” with the 33m s ,'1;_ address of Judge Lewis on the University of Texas in this volume, until 3 ‘ C they comprehend both in their likeness and unlikeness, cannot blame either 3, .- 3 33 Garwood or Lewis if they do not thus lay the foundation for a life-long f 1113 33:333. habit of comprehension. (See Biographical Data, Garwood.) "‘ 3:33 3333333 3 3 sen 333L355 m “3233' j. 3 [mist . . t 333 ~ THE SCHOLAR IN POLITICS ,,:- s3at 03 (An Address to the Graduating Class, University of the South, Sewanee, Ten- ' Swee nessee, June I3, 1922) , ‘1; 3 Caug3 '3 SUCH Right Reverend Sirs, Graduates, Ladies and Gentlemen:—- ‘ ,3 333, A- s I STAND in this presence, there comes to me across the years a ; 3333 vision of the old chapel, flooded with golden sunlight, surrounding 3133? as with a halo the heroic figure of Bishop Hugh Miller Thompson as he spoke to us from Tennyson’s great lines: “Oh well for him whose will is strong—- He suffers, but he cannot suffer long. He suffers, but he cannot suffer wrong.” To my young soul he seemed the embodiment of consecrated power, of the— 3 303333 311), “ . unconquerable will 33333 And courage never to submit or yield.” 5 1 503333 . 3 I cannot tell you here how often amid the storm and stress of a i 3 .33 190 ‘3 ‘ 3333 1"” power: HIRAM M. GARWOOD 191 strenuous life, when the clouds were darkest, when the battle lines seemed to waver and break, there came to me then, as now, the trumpet call of that clear voice, the memories of all that I had dreamed here and here resolved, and with them the courage never to submit or yield. Today you lay aside the robe of the scholar to put on the armor of life’s battle. Could I in one sentence sum up all that I would say to you, it would be this: Be the scholar always, true to the dreams and the enthusiasms that fill your hearts today, to the ideals that c0Ver and surround Sewanee with an enduring mantle of glory. “Never strike sail to a fear. Come into port greatly, or sail with God the‘seas.” It is to the scholar that the world has ever turned, and to the scholar it must now turn in this hour of greatest need. And it is of the scholar, The Scholar in Politics, that I shall speak to you today. By Scholar is not meant the recluse, the pedant, but the mind skilled in the pursuit of truth, courageous in its acceptance, adequate to persuade. John Stuart Mill was not wholly wrong when he said, “In the contest for supremacy truth has no inherent advantage over error.” The thought seems brutal. We like to think that truth divine in its essence needs must command acceptance. But is it not so? How often does it happen that in the corrupted currents of the world offense’s gilded hand doth shove by justice? How often is it that economic error like a forest fire sweeps over a nation? How often is‘it that the lost cause is the true cause? It is difficult to answer the philosopher’s question: “Else why did Socrates drink the hemlock; else why did Christ die upon the cross; else why in every age and in every clime have the bravest and best yielded up their lives, martyrs to the truth, victims of those whom they have died to serve?” In the contest for supremacy truth has no inherent advan— tage over error. If error therefor shall not triumph, it must be con- fronted by the scholar, skilled in the pursuit of truth, courageous in its acceptance, adequateto persuade. By politics is not meant the vulgar pursuit of place and power, but that noblest of all sciences, the government of men, the upbuilding of our common country. The love of country is the noblest emotion of the human mind. Synthetic in its nature it takes from every passion its purer pOrtion. As passionate as love, it is more unselfish. As tender as friend— ship, it is more enduring. With religion’s faith it has yet a broader charity. Under its sacred influence the partisan becomes the patriot; the soldier, the hero; the scholar, the statesman; the prophet, the seer. The brightest pages of human history are those written by the scholar in politics, the scholar in action. Unless the scholars of this nation, glac— ‘1; 2; Q2“; . ll. 192 , HIRAM M. GARWOOD especially the scholars of the South, go into action, to rescue it from this rotten sea of purposeless mediocrity in which floats “ . . . . a painted ship Upon a painted ocean,” the brightest dream that has ever yet fired the enthusiasm of man will soon have become an unprofitable memory. A nation Whose public life is not permeated with its scholarship functions upon a low level. There is something wrong, both with its administrative machinery and with its scholarship. If professional politicians and captains of industry are to permanently dominate the destinies of the Republic, it will go the way of its prede- cessors. ' . Material prosperity unsustained by contact with the great spiritual forces of the universe, is swiftly followed by material disaster, if not national death. Material prosperity crowned with the garlands of high scholarship is as a temple, radiant of light and hope, eternal in the heavens. While one ripe scholar ruled in Greece, the intellectual empire of Athens was so surely established that neither the tyranny of the mob, nOr centuries of slavery, could destroy it. As Pericles epitomizes all that was highest in Grecian civilization, so the scholar, orator, philoso- pher, statesman Cicero was all that was best in Rome. In him all that was highest in the great republic was united. He was the golden bridge over which passed the culture of Greece to the western world. More than once he saved the state. A simple citizen, he matched his intellect against the legions of Antony and Octavius. History holds no nobler record than those last years when with a noble and pathetic eloquence, in a series of immortal appeals, he pleaded for the old Republic against the new Empire. In the writings of the Fathers, the sermons of Bos- suet, the prose of Bolingbroke, the sonorous eloquence of the younger Pitt, his genius lives an immortal life, the ideal scholar in action. The Thirty Years’ War, the Peace of Westphalia, the religious freedom of the race, had all been thought out, fought out and established in the scholarly brain of John of Barneveld, While yet the doctrine of the free- dom of individual conscience was new to Europe. Learned in all that Greece and Rome could teach, an advocate, statesman, diplomat and warrior, by the force of his intellect, he lifted an unheroic people to heights of heroism beyond example, he broke the power of Spain, he unchained the human intellect, and having done the scholar’s work went to his death, as befits the scholar, with quiet modesty and simply dignity. The world knows too little of its scholars. Great wars and great battles mean nothing save for the ideas behind them. It matters little which army wins unless an idea has been established or destroyed. lint, PE ment, 0f scho life of This Fears 111: life, Tn able lulu are brim; er Eta: 701mm Stholars d H.” ' DUblicaFF Ola LOW: : Fire], hit: 1 ack zi<-m::—.z-v;;‘jo}-a", _ ., ml .. A . .{3 ....‘§;pv-1~v--rr “1“:“'.‘."°T an“ < .. _. gt... P. .~r“~u~«. 0 . <.;..~;cx;;r\.,~ . tyuxflgw “A. ‘3‘" HIRAM M. GARWOOD I‘93 After the centuries what do Charles the Fifth or Louis the Fourteenth count, save to mark a date? The world, scholars Erasmus and Voltaire grow in increasing fame. They were the first to bring pure scholar- ship into the world arena. They asserted the dignity of learning, its right and its power to challenge kings, institutions and governments, to make direct appeal to the universal instincts of man. When these two great scholars had done their work, the mind of man was free, and per- manent tyranny, spiritual or temporal, had become a thing impossible. Richelieu, priest, statesman, but more than either, scholar, was not content merely to build a kingdom. He meant that the French language should be to modern Europe what Latin had hitherto been to all the world. The first of modern diplomats, and the greatest of French statesmen, he yet found time to establish the French Academy, and thus to lay the predicate for that union of scholarship with the public and official life of the nation which is the crowning glory of France. Lamar- tine, poet and historian, could produce a revolution and head a govern— ment. Taine, Hugo, Guizot, T hiers, these are but a few of the long list of scholars whose idealism and whose learning has enriched the public life of France. This has been true in lesser degree in England. It is only in recent years that the literary talent of Britain has greatly influenced its public life. True it is that Dryden, Addison, Johnson, Swift, had no inconsider- able influence upon political thought, and that Macaulay, Morley, Bryce, -are brilliant examples of the scholar in politics. But it is also true that her greatest statesmen and orators, Bolingbroke and Burke, Pitt the Younger, and Charles James Fox, Gladstone and Disraeli, have been ripe scholars deeply imbued with the culture of the schools. ‘How is it with America? What influence do her scholars exert upon public affairs? A Motley may represent us at the Netherlands, a Bancroft or a Lowell at the court of St. James. The influence of these has been purely literary. It is not an overstatement to say that there is no point of contact between the literary and the public or administrative life of the nation. Office holding has become a cult! Literature a craft! Politics lack sincerity, vision, courage. Literature lacks virility. It is, of course, true that the great constructive period including the formation of our Constitution and ending with the decisions of Chief Justice Marshall is one of the greatest in human history. Here permit me to diverge for a moment to express my gratitude and high appreciation for the action of your governing body in providing that no degree shall be conferred by the University of the South unless the applicant therefor shall throughout one year have studied a prescribed course upon that perhaps the greatest of uninspired productions, certainly as said by Mr. Gladstone, the greatest ever struck off from the intellect of man at a single blow, the Federal Constitution. It is believed, however, that from II -— I3 . 194 HIRAM M. GARWOOD (I. the standpoint of scholarship, the American intellect reached its highest level in that period covering the discussion of the great and solemn «5 issues of nullification, secession and reconstruction. For oratory, for logic, for literary merit, for long sustained and lofty ratiocination, the debates in of those days are not surpassed in the annals of any nation. "5 Would that I were an artist, as Macaulay or Lamartine, that I could paint upon the canvas of your minds two great pictures. The first, that , in the old Senate Chamber now occupied by the Supreme Court when the .‘ great South Carolinian, John C. Calhoun, the master logician of the age, , with stem courage and unconquerable will never to submit or yield, “W faced not only Clay and Webster, giants in debate, but Jackson, master of 3“" his party and nation, wielding the whole power of both against him. An "l?" Englishman privileged to witness that Titanic struggle in a letter to the 54' 3 “Times” said,— :, [_ “History has no parallel. There has been nothing like it save ii the debates of Milton’s angels.” The other is that of William L. Yancey in the Charleston Convention when he stated in final form the argument for secession and the South. The proprieties forbade the presence there of Douglas, a Presidential candidate, and next to Charles James Fox perhaps one of the greatest debaters in the English language. He was represented, however, by a My champion of his own selection. Schooled by weeks of conference with Douglas, he was present for the one purpose of answering Yancey. As ' . S, 10: the great Southerner arose, “he seemed for dignity composed and high {fill}; ll .. , exploit.” The moment was too heavy with fate for manifestation of enthusi- 39; ”will A. asm or applause. Slowly, inexorably, without figure or ornament of speech 5'; _ the great argument swept on, gathering in force and power, bearing upon ;, its tide the hopes, the history of all the South. One who heard it said that it had the calm, resistless sweep of the Mississippi. The cause of the ‘ E South was made. There was no answer. There could be no answer. His jl . expected antagonist sat silent, enthralled. Generously grasping the hand 4%- ,, of the great orator, as if in gratitude that man can be so great, he ' exclaimed, “Mr. Yancey, you are wrong. I know that you are wrong. But I also know that I am not the one to show it.” These memories are recalled without bitterness and without regret. ,_ It is well, however, to know that there has been a time when public men led, not followed, public opinion,—when men entered public life for the advancement of ideas, not for the gratification of personal ambition. .3 It would be a thankless, if not ungracious, task to compare the leaders of modern politics with those of the generation that has just passed. Let each of you, however, apply the acid test of that comparison to his , own State and answer for himself the question: Has not the public life of the country sunk to the lowest level in its history? ‘1 This cannot be imputed to the lack of great issues to challenge the intel- iO ihl Othpn mam SUUiher: Slates E Thiie p bl caref Chum date, p( W :»l . HIRAM M. GARWOOD , 195 lect of the highest. The very nature of our own government hangs in the balance. Whether we wish it or not we have become the center of the world’s politics; and diplomacy, secret or open, is a sealed book to the American statesman. Vast economic changes are impending. Class politics, Sovietism under another name, is not only active, but successful. But there is none to bend the bow of Ulysses. This condition is due to many causes, prominent among which are the following: . The older Southern leaders having remained in public life until the dangers of Reconstruction had passed, left it to rebuild their shattered fortunes. The machinery of politics passed into the hands of second- rate men and, with an occasional brilliant exception, it has remained with them to the present day. We have in a large measure abandoned the old constitutional theory of representative government and are passing rapidly to one of numerical majorities, contrary to the political philosophy of all the great leaders of Southern thought. This began when we yielded the selection of United States Senators to the primary election, binding upon the Legislature. These primary election laws prevent the selection of party candidates by carefully chosen delegates. Each candidate nominates himself, the convention records the vote, the platform is then made to suit the candi- date. Political conventions are no longer deliberative assemblies. This system has immeasurably lowered the tone of politics and is fast ruining the judiciary of every state in which it operates. The scholars of the nation, the really intellectual classes, are not in touch with public affairs. They shun the political arena as though it were beneath their calling as something with which they have no concern. This is deeply, dangerously wrong. There is no higher pursuit. There is no nobler service. Republics may be ungrateful, but gratitude is not the meed of royal natures or of noble minds. This people, however, is funda- mentally and essentially sound. It will follow the right if there be those with brains to know the right and courage to lead. I fling this challenge to the scholarship of America. It has not done its public duty. It does not participate in public affairs, Under our system, government must function through party organization. If those qualified by education and ability refuse to participate, then there will be government through organized classes, which is sovietism, or organized ignorance, which is anarchy. We are a self-sufficient race. If history teaches anything, it is that republics are shortlived and that all governments are but bubbles upon the great ocean of humanity. We assume that our Government, and our Republic, is eternal. The very foundation of both are shaken. The danger from the growth of class-consciousness and from class—organization, as well as from organized ignorance, is appalling. Large sections of the 196 HIRAM M. , GARWOOD commonwealth have been given over to a class-government as socialistic in its philosophy, and as vicious in its tendency, as that of Lenine and of Trotsky. It hardly excites comment. Scientific efficiency tests during the late war have seemingly established the fact that sixty-five per cent of the voting population have the mental efficiency normal to the age of fourteen. Yetwe complacently rest upon the proposition that the majority must rule, and that the voice of the people is“the voice of God. It seldom occurs that a foreign minister has the slightest acquaintance with the language, literature or history of the nation to which he is accredited, nor the slightest conception of diplomacy as a profession. He is appointed for valiant service in the last campaign, and because his wife has sufficient income to meet the social requirements of the position. These we send blithely forth to do battle for world supremacy with the successors of Metternich and Talleyrand, Cavour and Disraeli. For that battle must go on,—not with armies or with ships, we trust, but in the realm of ideas. This is as inevitable as gravity. It is life. It is history. In the realm of thought as on the battlefield it is victory or death. _ The tragic conflict from which we are emerging is interesting, not so much for the tremendous clash of physical forces, but because of the conflict of ideas. It was the economic theories of Karl Marx, the spiritual philosophy of Nietzsche, the institutional philosophy of Trietz« schke, 'with an army behind them, which gave battle to a world all unprepared. America will never know how perilously near we came to utter defeat in that great contest. Had Germany won in the terms she proposed, Christianity as a vital force would have disappeared for centuries. Her armies were defeated; her Emperor dethroned; it remains to be proven whether her philosophy has been destroyed. For years it has filtered through American universities into the American mind. The theory that the State is all, the individual nothing; that life is a savage struggle for super-supremacy; that there are no straight lines in physics or morals; that there is no absolute good and no absolute God, is not peculiar to that great people with whom we have been at war. To this battle of ideas the world invites the American scholar. Hitherto doubtless our rapid physical development, as well as the demand of the learned professions, has so far absorbed our ripest scholarship that its influence upon affairs has been negligible. What is here said is not in the spirit of criticism, but rather to enlist the service of that class upon which the state must, in the last analysis, if it would survive, rely. . Thoughtful men are beginning to appreciate this fact. The nomi- nation of the author of a great work to the United States Senate is a healthy symptom. Whatever may be thought from partizan standpoints of Mr. Roosevelt and Mr. Wilson, the life of each is a lofty appeal to a :::: HIRAM M. GARWOOD 197 higher idealism, and their efforts to utilize the scholarship of the country in the direction of its destinies deserve all praise. The public life of America calls loudly for her scholars, for men such as you with no selfish ambitions to serve, with knowledge, with convic- tions, above all, with courage. A too-intense partizanship has nar- rowed our intellectual horizon. We are too prone to lisp the shibboleths while forgetting the principles of other days. But the under current of Southern life is deep and strong and pure. All that is best in the old South and in the new has ever found expres- sion here, and as the years add strength and stature to your mental vigor, you will more and more appreciate and understand the sweet- ness, the light, the culture, the clear conception of the eternal verities which has ever been Sewanee’s best gift to her loyal sons; It is believed that today a new era dawns in her history, unique as it is in its devotion, its aspirations, and its attainments. However this may be, there are those of us who love her and to whom her teachings and her influence have been a daily inspiration, a life-long benediction. With these at least—- “her influence and her glory will still survive—fresh in eternal youth, exempt from mutability and decay, immortal as the in- tellectual principle from which she derives her origin and over which she exercises her control.” The world you are about to enter is a stern world, but it is a world of stem beauty, ever ready to welcome the true soldier of intellect who shirks no duty and who fears no foe. You carry with you the hopes of all of us who have gone before you, the benedictions of those who through the long years have kept alive upon Sewanee’s altars the fires of purest learning and of perfect faith. But be you true to her teachings and she will be to you as to all that have loved her, a fountain of inspiration that will not fail. And when life’s battle won, life’s zenith passed, you face the long decline, then may you well hope to— “ . join the choir invisible Of those immortal dead who live again In minds made better by their presence; live In pulses stirred to generosity, In deeds of daring rectitude, in scorn For miserable aims that end with self, In thoughts sublime that pierce the night like stars And with their mild persistence urge man’s search To vaster issues.” wAuthor’s .text; by permission. Cohplete. ,n ‘21. <14 A‘Jr.1 7:! at San Jacinto form an attentive audience, as he decides the fate of the prisoner 3- and the future of Texas. 4' u ‘ n i 4,, ,, § .a e '3 ts :- t 7: L. .9, 1 1 . ‘ in a” Jo.» “ Rigor ._ - - 4...... 4 >W~u¢.quW«mW;-.ssa..:.;..».-;a~. N..- ’ «e SAMUEL HOUSTON 221 '1‘he enemy, though retreating, are still within the limits of Texas. Their situation being known to you, you cannot be taken by surprise. Discipline and subordination will render you invincible. Your valor and heroism have proved you unrivalled. Let not contempt for the enemy throw you off your guard. Vigilance is the first duty of a soldier, and glory the proudest reward of his toils. You have patiently endured privations, hardships and difficulties. Unap- palled, you have encountered odds, two to one, of the enemy against you, and borne yourselves in the onset and conflict of battle in a manner unknown to the annals of modern warfare. While an enemy to our inde— pendence remains in Texas, the work is incomplete; but when liberty is firmly established by your patience and your valor, it will be fame enough to say: “I was a member of the army at San Jacinto.” In taking leave of my brave comrades in arms, I cannot suppress the expression of the pride which I so justly feel in having had the honor to command them in person, nor will I withhold the tribute of my warmest admiration and gratitude for the promptness with which my orders were executed and union maintained throughout the army. At parting, my heart embraces you with gratitude and affection. ~Complete. Text of Pease and Niles, I837. SAN JACINTO AND THE CAPTURE OF SANTA ANNA (Peroration of Houston’s Farewell Speech in the United States Senate, Feb- ruary 28, 1859, Answering Attacks on his Conduct as Com- mander-in-Chief of the Army of Texas) THEY have charged the Commander-in—chief with having more troops than he reported. Seven hundred on the Colorado was the number, according to the statement of Colonel Burleson, as he supposed. The General-in-chief never reported more than six hundred and thirty-two; his efficient force never exceeded over seven hundred troops at any one point. At all events, such was the result of the campaign that all the wisdom of man could not have rendered it more successful and beneficial to the country. Had he been drawn into action by indiscretion, and ’ , the attempt to force a battle, the bridge of Vince’s would not have been cut down, which prevented the escape of the enemy; the enemy would have escaped; Santa Anna would have reached his reserve force of four thousand men on the Brazos. But by cutting off their retreat, by the Commander-in-chief’s own design of destroying the bridge, and leading the troops into action at the proper time, he secured for Texas all that wisdom g and valor could have done, whether he exercised them or not. The Commander-in-Chief is charged with receiving orders from the ‘ r ans-.9 figgt‘lmwuakua -11.. J 1 3.. 34‘.A‘J.g‘ts‘ 222 SAMUEL HOUSTON Secretary of War to march upon Harrisburg. He never received an order from the Secretary of War. By reference to this volume, containing the historical facts, it will be seen that he never intimated that he would march toward the Trinity, but gave orders to the troops to unite at Donoho’s. That indicated his design to advance in pursuit of the enemy to Harrisburg. He was resolved never to pass the Trinity; and if he were to perish, it should be West of that boundary. Would he have sub- mitted to the orders of the Secretary of War, who was suspended, or any one in his place, unless it was under the written order that would vindicate him to the world and to posterity? No written order is pretended for anything he had done; and the Secretary of War, acquiescing in his competency and his ability to command, never interfered with his designs in the smallest punctilio. Thus has it been, Mr. President, that I have been driven to this recourse. I had no design, indeed I had no wish, but to pass from public life quietly and Without interference. I 'know that I have not presented the facts in: that succinct and lucid manner that I ought to have done; yet I have presented such points as I think essential, though they are docu- mentary, and more than I would have desired, to vindicate the Commander- in—Chief in the position he has taken, and to show to the world that these calumnies, so recently circulated, are prompted by the deepest malignity, and by persons whose vices, could they be known, would sink them below the observation of all the virtuous and wise. This individual in the North who is seeking to illumine the world with his lectures, will find a new subject furnished him on this occasion. Now, Mr. President, notwithstanding the various slanders that have been circulated about the Commander-in-Chief, it is somewhat strange that the only point about which there has been no contestation for fame and for heroic wreaths, is in relation to the circumstances connected with the capture of General Santa Anna. When he was brought into the camp and the interview took place, the Commander—in-Chief was lying on the ground. He did not lie as generals usually lie, for they have comforts. The night before the battle, he had lain on the cold ground, without a blanket, his saddle for his pillow, without covering, in the bleak norther that blew that night. He was no better off after the battle. Nor had he ever had a tent or canopy over his head that he could claim, as General-in-Chief, save the blue canopy of heaven. He had not one dollar in his pocket, nor a military chest, for he never received one while in command of the army. His personal and moral influence in the army held it together; for there was no Government, and all of hope that remained was centered in him, as the Government expressed it, for there were no other means. But, Sir, when Santa Anna was taken and brought into camp, the General was dozing, after having had a sleepless night from suffering. His wound was severe. Looking up, he saw Santa Anna, althema tolUS’lfv ThESeC'ln awareof; if he 1m TheCo meat. It dilllldca; plifliure 3‘ bell). Th gait His trellfdag hief. To mlemarif wasriitl'lt hlshouldb c :5“ ;-, war»: a 9' . {ms-0"»: . ‘ «Jam’s w-s. ext—x SAMUEL HOUSTON 223 who announced to him in Spanish: “I am General Antonio Lopez de Santa Anna, President of the Republic of Mexico, and a prisoner at your disposition.” Calmly and quietly it was received. The hand was waved to a box that stood by, and there Santa Anna was seated. After some time, with apparent emotion, but with great composure [compared] to what I had expected, under the circumstances, he proposed a negotiation for his liberation. He was informed that the General had not the power; that there was an organized civil government, and it must be referred to them. Santa Anna insisted upon negotiation, and expressed his great aversion to all civil government. The General assured him that he could not do it. He then observed to the General something like this: That he could afford to be generous; that he was very fortunate,-——born to no common destiny; that he had conquered the Napoleon of the West. The Commander-in-Chief adverted to his conduct at the Alamo, as well as the massacre of Fannin and his men at Goliad. The first he sought to justify on the ground that it was in accordance with the rules of war. The second he excused himself for, assuring the General that he was not aware of any capitulation between General Urea and Colonel F annin, and if he lived to regain power, he would make an example of Urea. The Commander-in-Chief after awhile asked him if he wanted refresh- ment. It was ordered. He was asked if he wished his marque, if he desired camp-baggage, if he wished his aide-de-camp. He expressed great pleasure at the proposition, but looked doubtful as to whether it could be so. They were ordered. Colonel Almonte went and selected his bag- gage. His keys were never asked for; no search was made. He was treated as a guest. N o indignity was offered him by the Commander-in- Chief. To be sure, there was some turbulence of feeling in camp, but no rude manifestations. Under these circumstances it was that Santa Anna was received. Propositions were made to the Commander-in-Chief that he should be executed, but they were repelled in a becoming manner. No one has sought to claim the honor of saving him on that occasion; and did the General feel a disposition to claim any renown, distinction, or fame, for any one act of his life, stripped of all its policy, he might do it for his conduct on that occasion. But, sir, there was reason as well as humanity for it. While Santa Anna was held a prisoner, his friends were afraid to invade Texas, because they knew not at what moment it would cause his sacrifice. His enemies dared not attempt a combination in Mexico for invasion, for they did not know at what moment he would be turned loose upon them. So that it guaranteed peace to Texas so long as he was kept a prisoner; and for that reason, together with reasons of humanity, his life was preserved. It is true, he had forfeited it to the laws of war. Retaliation was just; but was it either wise, or was it humane, that he shduld have perished? The Commander-in—Chief, on that occasion, was not aware that he 224 SAMUEL HOUSTON had the approval of Holy Writ for the course he adopted,——though he ' subsequently became apprised of the fact; for we find that, after Elisha had smitten the Syrians and conducted them into the midst of Samaria, and had ordered their eyes to be opened, the King of Israel, Jehoram, said to the prophet: “My father, shall I smite them? shall I' smite them?” And he answered: “Thou shalt not smite them; wouldst thou smite those whom thou hast taken captive with thy sword and with thy bow? Set bread and water before them, that they may eat and drink, andlgo to. their master.” Sir, that sanctioned the course of the Commander-in-Chief on that occasion; and though he was not as familiar with the subject as he ought to have been, yet, when apprised of it afterward, he was rejoiced to know that he had the authority of Holy Writ for his conduct. I should not have felt it necessary to reply to the attacks that have been made upon me, were it not that I am to leave a progeny, that might, at some future time, be called on to know why a response was not given to these fabrications, and the denial given to them. There is no one word of- truth contained in all the calumnies in this book [the “Texas Almanac”], or of others, except one, and that is, that the Com- mander-in-Chief never communicated his counsel to any one. That is true, and it is the only truth in this or other books on the “campaign of San Jacinto.” How could the General permit his designs to be known when mutiny and sedition were rife in camp, and when combinations were formed to thwart every measure that wisdom and prudence could devise, up to the very hour that the troops were formed for battle? The truth of history has been perverted, and the opposite has been asserted. Contributions of material have been made to this Almanac. It was concocted and arranged, and then given to the world in such a shape that the dissemination of the Calumny throughout the United States must affect the individual to whom it was directed, and make some impression upon him, and destroy his reputation. ‘Good reasons have actuated me on this occasion. The character of individuals who have propagated these slanders against the Commander- in-Chief are such as are not known to the public at large, and might have weight in society that would poison the true source of history, and subserve, to some extent, their unworthy ends; when, if their characters were known, truth would receive no detriment from their statements. I regret, Mr. President, that I could not have prepared my matter more at leisure; for it is but a few days past since I contemplated addressing the Senate on this subject. I should then have done it with more pleasure, and with less detention of the honorable body; but this is the last occasion on which I ever expect that my voice will be heard in this Chamber; never again shall I address the President of this body. Mr. President, in retiring from the duties which have sat lightly upon me in this Chamber since' I have been associated with it, though changes have at the Etna 0f gm hepe the the Egh confideno the disch: halmonizt “1H kifiD that seat] light! km, CHOW: m“ under {ha People he: Posterity. I 40:79:, :5, g: 3*:‘369-41- "K‘s-$3: i%;;€wzezc: :¥;m:geg~ SAMUEL HOUSTON 225 have taken place, and successive gentlemen have occupied the seats in the Senate, I have believed and felt it my duty to cultivate the relations of good feeling and friendship with each and every gentlemen, and I hope the same cordial respect will continue to obtain in this body. I know the high and important duties that devolve upon Senators, and I have confidence that their attention and their great abilities will be called to the discharge of those duties; that they will, on great national subjects, harmonize so as to give vigor to and cement our institutions; and that they will keep pace, in their efforts to advance the country, with the progress that seems to invite it onward. My prayers will remain with them, that light, knowledge, wisdom, and patriotism may guide them, and that their efforts will be perpetually employed for blessings to our country; that under their influence and their exertions, the Nation will be blessed, the people happy, and the perpetuity of the Union secured to the latest posterity. (Applause in the galleries.) —Congressional Globe, February 28, 1859, pages 1438-39. INAUGURAL ADDRESS AS FIRST PRESIDENT OF TEXAS (Delivered before the Congress of Texas at Columbia on the Brazos, October ' 22, 1836) Mr. Speaker and Gentlemen:——- EEPLY impressed with a sense of the responsibility devolving on me, I cannot in justice to myself repress the emotions of my heart, or restrain the feelings which my sense of obligation to my fellow-citizens has inspired. Their suffrage was gratuitously bestowed. Preferred to others, perhaps superior in merit to myself, called to this most important station by the voice of a free people, it is utterly impossible not to feel impressed with the deepest sensation of delicacy. It is not here alone, but our present attitude before all nations has rendered my position and that of the country one of peculiar interest. On a spot of earth, almost unknown to the geography of the age, almost destitute of resources, comparatively few in numbers, we modestly remon- strated against oppression and when invaded by a numerous host, we dared to proclaim our independence and to strike for freedom on the breast of our oppressors. As yet, our course is onward. We are only in the outset of the campaign of Liberty. Futurity has locked up the destiny which awaits our people. Who, with apathy, can contemplate a situation so imposing in the physical and moral world? None,—no, not one! The relations among ourselves are peculiarly delicate and important: for no matter what zeal 11—15 is»; .- n ‘v A 1...». “he”... ._.h....__-.r_ 22f) SAMUEL HOUSTON and fidelity I may possess in the discharge of my ofiicial duties, if I do not obtain co-operation and honest support from the co—ordinate depart- ments of the government, wreck and ruin must be the inevitable conse- quences of my administration. If, then, in the discharge of my duty, my competency should fail in the attainment of the great objects in view, it would become your sacred duty to correct my errors and sustain me by your superior wisdom. This much I anticipate—this much, I demand. I am perfectly aware of the difficulties that surround me, and the convulsive throes through which my country must pass. I have never been emulous of the honors of a civic wreath, although when merited, it crowns a happy destiny. In a country'situated like ours, environed with difficulties, its administration fraught with perplexities, had it been my destiny, I would infinitely have preferred the privations, the toils and perils of a soldier to the duties of my present station. Nothing but zeal, stimulated by the holy spirit of patriotism, and guided by philosophy and wisdom can give that impetus to our energies necessary to surmount the difficulties with which our political path is obstructed. “By the aid of your intelligence I trust that all impediments to our success will be removed,——all wounds in the body politic will be healed, and that the Constitution of the Republic will derive strength and vigor equal to all emergencies. I shall confidently anticipate the establishment of Constitutional liberty. In the attainment of this object, we must regard our relative situation to other countries. “A subject of no small importance to our welfare is the situation of an extensive frontier, bordered by Indians, and subject to their depreda- tions. Treaties of peace and amity and the maintenance of good faith with the Indians present themselves to my mind as the most rational ground on which to obtain their friendship. Abstain on our part from aggression, establish commerce with the different tribes, supply their useful and necessary wants, maintain even—handed justice with them, and a natural reason will teach them the utility of our friendship. Admonished by the past, we cannot in justice disregard our national enemies. Vigilance will apprize us of their approach; a disciplined and vigilant army will insure their discomfiture. Without discrimination and system, how unavailing would all the resources of an old and overflowing treasury prove to us! It would be as unprofitable to us in our present. situation as the rich diamond locked in the bosom of the adamant. We cannot hope that the bosom of our beautiful prairie will soon be visited with the balmy breezes of peace. We may again look for the day when their verdure will be converted into dyes of crimson. We must keep all our energies alive, our army organized and disciplined and increased agreeably to our present necessities. With these preparations, we can meet and vanquish despotic thousands. This is the attitude which , Plred‘ (he ‘ we at I liberty; The l principie marked Eben}; seeking 1 cmekie Will 1193: Th: 1 the felon filed to t was invo} W me: E: kflttltd a humanilv, widest; muting; The m0; of the ar friend; i: “mil, S have rali warriom heroes, it this field 0f 9 lvith The: ’3 a girl: Texas ha. $511055? 0‘: ”and “is g to the fim‘z “a“ {“1 to “It Cb bar," Ptas Goifircu . “men SAMUEL HOUSTON 227 we at present must regard as our own. We are battling for human liberty; reason and firmness must characterize our acts. The course which our enemies have pursued, has been opposed to every principle of civilized warfare. Bad faith, inhumanity and devastation marked their path of invasion. We were a little band contending for liberty. They were thousands, well-appointed, munitioned and provided, seeking to rivet chains upon us, or to extirpate us from the earth. Their cruelties have incurred the universal denunciation of Christendom. They will not pass from their nation during the present generation. The contrast of our conduct is manifest: we were hunted down as the felon wolf; our little band driven from fastness to fastness; exasper- ated to the last degree, while the blood of our kindred and our friends was invoking the vengeance of an offended God—smoking to high heaven, we met the enemy and vanquished them. They fell in battle or suppliantly kneeled and were spared. We offered up our vengeance at the shrine of humanity, while Christianity rejoiced at the act and viewed with delighted pride the ennobling sacrifice. The civilized world contemplated with proud emotions conduct which reflected so much glory on the Anglo-Saxon race. The moral effect has done more toward our liberation than the defeat of the army of veterans. When our cause has been presented to our friends in the land of our origin, they have embraced it with their warmest sympathies. They have rendered us manly and efficient aid. They have rallied to our standard,—-—they have fought side by side with our warriors. They have bled, and their dust is mingled with that of our heroes. At this moment I discovered numbers around me, who battled in the field of San Jacinto, and whose chivalry and valor have identified them with the glory of the country, its name, its soil, and its liberty. There is a gentleman within my view, whose personal and political services to Texas have been invaluable. He was the first in the United States to espouse our cause. His purse was ever open to our necessities. His hand was extended to our aid, and his presence among us, and his return to the embraces of his friends will inspire new efforts in behalf of our cause. [“The attention of the speaker and that of Congress was directed to Wm. Christy, Esq., of New Orleans, who sat by invitation within the bar.” Pease.] A circumstance of the highest import will claim the attention of the Government of the United States. The question which has recently trans— pired, the important subject of annexation to the United States of America, was submitted to the consideration of the people. They have expressed their feelings and their wishes on that momentous subject. They have with unanimity unparalleled declared that they will be united to the great republican family of the North. The appeal was made by a willing people. Will our friends disregard it? They have already bestowed upon ”Q«’~—¥\~z9mah.sfira—f r224. ._ ~ ~ «mg. . '5‘“ _.; 228 - SAMUEL HOUSTON us their warmest sympathies. Their manly and generous feelings have been enlisted in our behalf. We are cheered by the hope that they will receive us to a participation of their civil, political and religious rights, and bid us welcome into the great family of freemen. Our mis— fortunes have been their misfortunes; our sorrows have been theirs, and their joy at our success, has been irrepressible. A thousand considerations press upon me, each claiming attention. But the shortness of the notice of this emergency will not enable me to do justice to those subjects, and will necessarily induce their postpone- ment for the present. EHere the President paused for a few seconds, and disengaged his sword. Pease.] It now, Sir, becomes my duty to make a presentation of this sword, this emblem of my past office. I have worn it with some humble pretensions in defence of my country, and should the danger of my country again call for my services, I expect to respond to. that call, if needful, with my blood and my life. -Complete. Text of Pease and Niles, 1837. THE FIRST YEAR OF THE REPUBLIC (To the Congress of Texas, in session at Houston, “the new Capital,” May 5, 1837) Gentlemen of the Senate, and H ouse of Representatives: —- WITH peculiar pleasure I greet your return to the Capitol. At the adjournment of the last session, the country was under appre- hension of an invasion from our enemy, which created much solicitude, and had an unkind influence on our foreign relations. It was temporary in its effects, as was manifested in the recognition of our independence by the Government of the United States of America. We now occupy the proud attitude of a Sovereign and Independent Republic, which will impose upon us the obligation of evincing to the world that we are worthy to be free. This will only be accomplished by wise legislation, the main- tenance of our integrity and the faithful and just redemption of our plighted faith wherever it has been pledged. Nothing can better be cal- culated to advance our interests and character than the establishment of a liberal and disinterested policy, enlightened by patriotism and guided by wisdom. The subject of the undefined limits on our Northern frontier between the United States and the Republic, will require the action of Congress. The boundaries have been so well described by the treaty of 1819 between Spain and the United States that little difficulty is apprehended in defining and‘establishing our just line and obviating all trifling difficulties which may have at any time existed through a want of proper consideration. Provis part 0 bounta Noni: have Ci [ion 10 hernia: of lbs 1 The ate and assured, careful : him in: suppose, lllg the 1 had acta mill to 0f the Ir 1830, “ll Staffs all Comm as Would with, ( Wlth 5m I1thing h Which the “limit “390nm hands of i. lion f '9' between {[Oliljlcongress. it? 0: between 01116121 definiflg :‘Gcii 11,6; Wthll :dcratlofl- SAMUEL HOUSTON 229 Provision for the appointment of a commissioner, to meet one on the part of the United States'is desirable. Connected with the subject of boundary, is that of the Colorado Indians, inhabiting a portion of our Northeastern frontier. By a treaty recently held with that tribe, they have ceded certain lands to the United States and have shown a disposi- tion to amalgamate with the wild Indians Within our unquestionable boundary, while late advices have assured me that the United States agent of the tribe has issued to the warriors, riflles and ammunition. The condition and disposition of these Indians as well as their thefts and murders upon our borders have been subjects on which our Ministers at Washington City have been advised, with instructions to make immedi- ate and urgent remonstrances to that Government, which I am well assured, from the character of the gentlemen, have met their prompt and careful attention. The principal aggressions on our frontiers have either been instigated or perpetrated by the Caddos. It would be painful to suppose, under the circumstances, that the United States’ agent in furnish- ing the means of further injury to the frontier inhabitants of our country, had acted under the orders of his Government. It is due to this Govern- ment to suppose that he has acted unadvisedly, and that the stipulations of the treaty concluded between the United States and Mexico in April, 1830, will be rigidly adhered to so far as they appertain to the United States and the Republic of Texas. It was among the first objects of the Constitutional Government on assuming its duties to adopt such measures as would give peace and security to our extended frontier. For this purpose, commissioners were appointed at an early period to hold treaties with several of the most numerous and active of those tribes. As yet nothing has been effected, owing in part to the season of the year at which the business was commenced, as well as other causes. A hope is entertained that something beneficial will shortly result, as our com- missioners are in constant expectation of holding a treaty with the associate bands of the prairies. The Government has recently received informa- tion from sources entirely satisfactory as to its verity, that a delegation consisting of twenty Northern Indians, residing on the borders of the United States, had visited the town of Matamoras and had stipulated with the Mexican authorities to furnish that government three thousand war- riors well armed, so soon as it would invade Texas. Commentary upon such alliances in the present age would be an insult to chivalry, and a reflection upon the hearts and understandings of those who have sought to establish the maxim that war is calamitous enough without the evils of treachery and massacre,'which devote alike the female and the warrior to cruelty and death. Assurances are rendered to this Government that , citizens of this Republic have lately been made prisoners by the Caddos, and that scalps recently taken on our frontier have been seen in their nation. It is within the province of this Government to inquire into the §-.—‘—:- .UA:_.. ,, ,1 -.. 23o ' SAMUEL HOUSTON causes which have produced these calamities, and no vigilance on our side shall be wanting to prevent their recurrence. I feel fully aware that the policy of this Government is to pursue a just and liberal course towards our Indian neighbors and to prevent all encroachment upon their rights. The army of Texas has never been in a more favorable condition than at present. The permanent force in the field is sufficient to meet all the emergencies of invasion, while at the shortest notice, the defence of the country can be brought into immediate action in that event. The insufficiency of our navy must be a subject of serious consideration. When the ConstitutiOnal Government assumed its functions, the armed vessels, Brutus and Invincible, were in the port of New York, and remained there until a few weeks past, when they returned, but without either crews or provisions for a cruise. The Independence having not more than two weeks’ provisions, was taken to New Orleans some months since, where she has been detained, and has not yet been reported to this Government for service. . At an early day a confidential officer was despatched to the United States for the purpose of purchasing such vessels as would enable us to keep the command of the Gulf from our enemy. He has reported to the proper department, and his arrival is daily expected with one or more fine vessels, in preparation to defend our commerce, and make reprisals on the enemy. ‘ Our commerce has suffered to some extent, and a small portion of supplies for the army has been captured and taken into Mexican ports. I take leave to call the serious attention of Congress to the establishment ' of a naval depot at some point on our coast, which will add greatly to our efficiency and at the same time diminish our expenses. Not unconnected with the naval force of the country is the subject of the African slave trade. It cannot be disbelieved that thousands of Africans have lately been imported to the island of Cuba with a design to transfer a large portion of them into this Republic. This unholy and cruel traffic has called down the reprobation of the humane and just of all civilized nations. Our abhorrence to it is clearly expressed in our Con- stitution and laws. Nor has it rested alone upon the declaration of our policy, but has long since been a subject of representation to the Govern- ment of the United States, our ministers apprising it of every fact which would enable it to devise such means as would prevent either the landing or introduction of Africans into our country. The naval force of Texas not being in a situation to be diverted from our immediate defence, will be a sufficient reason why the governments of the United States and England should employ such a portion of their force in the Gulf as will at once arrest the accursed trade, and redeem this Republic from the suspicion of connivance which would be as detri- mental to its character as the practice is repugnant to the feelings of its cltlze will : will It of am tall c mlwlst: terms a atlér w The 9; allow lion, 1 and T50 wh he: lnt‘w lcl w twig ll not p. cwlllzed climate ll of the wl CUllon} Ell will all bf 10“ Sight llle ‘0 Saw allicl I l l flew; 01“" ltl; 0H ' E 8110131 “as! com leaded llwolrm ”low is St . . )lSi al 1‘.) glib, i me?” 574:; (gowJ‘ a 2 new J; wilo’ 1:: ‘CWW i?“ itiaclwlliflh ' if mndlng ‘ “me tom 5:469“ oi ‘ mmellth :"J‘r «thell )‘w redeem SAMUEL HOUSTON 231 citizens. Should the traffic continue, the odium cannot rest upon us, but will remain a blot upon the escutcheon of nations who have power, and withhold their hand from the work of humanity. It will be proper to remark that our attitude in relation to the subject of annexation to the United States of America, has undergone no impor— tant change since the adjournment of the last session of Congress. Our ministers at Washington City gave to the subject of our national con- cerns their zealous attention, and much credit is due to them for the char- acter which they sustained in advocating our interests at a foreign court. The period at which the Congress of the United States was compelled to adjourn prevented any action of that Government, relative to annexa- tion. It will, it is hoped, be referred to the action of the next session and receive its early determination. In the meantime it will be proper for Texas to pursue a course of policy which will be beneficial to her in character substantive, and to secure her existence and her rights without reference to contingencies. For it is not possible to determine what are to be her future relations to the civilized nations of the globe. Blessed with a soil the most fertile, and climate the most delightful and salubrious, Texas must attract the attention of the whole commercial and manufacturing nations of the world. Her cotton, sugar, indigo, wines, peltries, live stock, and the precious minerals, will all become objects of mercantile enterprise and activity. Nor can we lose sight of the important production of the live oak. It is but reason- . able to say that four-fifths of all the live oak in the world is now growing in Texas, while there is not less than ten millions worth of that valuable article decaying on our cultivated fields. Our relations to Mexico since the last session of Congress have under- gone no important change, nor have overtures been made by either nation. Texas, confident that she can sustain the rights for which she has con- tended, is not willing to invoke the mediation of other powers; While Mexico, blind to her interest and her future existence, seems determined on protracting the war, without regard to her internal commotions. Revo- lution is stalking abroad throughout her land, while she is unable to defend her frontier against the incursions of the bands of predatory Indians on the frontier of the Rio Grande from Santa Fe to Matamoras. Early in last winter, a correspondence was opened by the Secretary of State with the Mexican consul in New Orleans, containing propositions to exchange pris- oners, so far as the number of Texans would extend, and then to release the excess of Mexican prisoners on parole. Notwithstanding the humanity and liberality of this offer, it has met no official response from that govern- ment. It seemed to me that it would be in accordance with the civilization of the age to release all the prisoners and-permit them to leave our shore as soon as they can do so. In the meantime I have learned that our citizens, as well as the prisoners at Matamoras, amounting to thirteen 232 ' " SAMUEL HOUSTON in number, have been liberated. It is impossible for me to account for the apathy with which Mexico treated the subject, and her willingness to permit a portion of the bravest troops of the Nation to remain prisoners in exile, when a just policy would, at once, have restored them to their country and their homes. Congress will no doubt find it necessary to revise the laws of the Republic, and to direct that a digest be made of the laws of Coahuila and Texas, so far as they can be made useful to the establishment of rights acquired under those laws. It will be seen that the adoption of the com- mon law of England, with the modifications adapted to our situation, is required by the provisions of the COnstitution. Nothing can conduce more to the order and stability of a government than the simplicity of laws, the proper designation of rights and consistent administration. I will not close this communication to your honorable body without presenting to your consideration the claims of citizens of the United States, who acquired, as they conceived, bona fide titles to lands in Texas. It is due to many of those individuals to suggest that their gener— ous and manly efforts in behalf of our cause will entitle them to the most favorable decisions of Congress. Their means have aided us in the dark- est hours of our probation, and recently aided in dispelling our embarrass- ments. Such men deserve the gratitude as well as the justice of our country. While reflecting upon the dispensations of an Almighty Being, who has conducted our country through scenes of unparalleled privation, massacre 'and suffering, it is but gratitude and sensibility to render Him our'most devout thanks and invoke his benignity and future providence, and that He will preserve us as a chosen people. —-Comp‘lete. Text of Pease and Niles, I837. VALEDICTORY AS PRESIDENT OF TEXAS (Delivered at an Open Session of the Congress of Texas, Washington, Texas, December 9, 1844) Gentlemen of the Senate and of the House of Representatives, and Fellow- Citizens:— THIS numerous and respectable assemblage of the free citizens of Texas and their representatives, exhibits the best possible commentary . upon the successful action and happy influence of the institutions of. our country. We have met together for no purpose but that of adding another testimonial to the practicability of enlightened Self-government—to witness a change of officers without the change" of ofiice—to obey the high behests ,m “sax“: rre:¢t:“:t$?;€?“~"~y 1 3‘5 imam: 915.3, “a"; 2.3;): f :5; .-_ Tiers; -: ‘ -Lv. ‘gVJ’rAEjax. SAMUEL HOUSTON 233 of our written Constitution in good-will and fellowship, as members of the same great political family, sensible of our rights and fully under- standing our duty. I am about to lay down the authority with which my countrymen, three years since, so generously and confidingly invested me, and to return again to the ranks of my fellow-citizens. But in retiring from the high office which I have occupied to the walks of private life, I cannot forbear the expression of the cordial gratitude which inspires my bosom. The constant and unfailing support which I have had from the people, in every vicissitude, demands of me a candid and grateful acknowledgment of my enduring obligations. From them I have derived a sustaining influ- ence, which has enabled me to meet the most tremendous shocks, and to pursue, without faltering, the course which I deemed proper for the advancement of the public interests and the security of the general wel- fare. ‘ I proudly confess that to the people I owe whatever of good I may have achieved by my official labors; for without the support which they so fully accorded me, I could have acquired neither advantage for the Republic nor satisfaction for myself. It is true that collisions have existed between the Executive and Legis- lature7 Both were tenacious of what they deemed their peculiar privi- leges; and in the maintenance of which both may have erred. In various instances, the Executive was constrained by what he believed to be his most solemn duty to his conscience and his country, to interpose his prerogative to arrest immature, latitudinous and dangerous legislation. Under the Constitution, his weight in the enactment of laws is just equal to that of two-thirds of either House of Congress. Were it otherwise, he would be but little more than a mere automaton, and the balance of power and the co—ordinate character of these two divisions of government would be utterly destroyed. The Executive has never denied to the Congress purity of motive and honesty of purpose. He has sincerely lamented the existence of any cause, apparent or real, for the occasional disagreements which have occurred, and has deplored the necessity of resorting to the Executive veto to save the country from still greater evils. In the exer- cise of this power, he was aware that two-thirds of the Legislature could correct any error he might commit; and that beyond them stood the Judiciary, as the final umpire to decide between him and them and pre- serve the Constitution inviolate. I have now no reason to conceal the convictions of my judgment or the feelings of my heart. I stand here not to ask the concurrence of any branch of the Government in any of my acts, but to declare, in all sincerity, that the differences to which I have alluded, and the necessity for which I truly regret, arose on my part from a patriotic conception of duty. I may have beenmistaken. In my retirement, therefore, I take 234 SAMUEL HOUSTON with me no animosities. If ever they existed, they are buried in the past; and I would hope that those with whom it was my lot to come in conflict, in the discharge of my official functions, will exercise toward my acts and motives the same degree of candor. In leaving my station, I leave the country tranquil at home and, in effect, at peace with all nations. If some annoyances still exist on the frontier, it will be'remembered that it has taken years to attain our present position. The savage hordes by whom we have been molested, have at length, by the policy I have pursued with constancy, become generally peaceful. The occasional difficulties which arise are not to be compared with those of former days. It is not reasonable to suppose that a work of so great magnitude and importance could be accomplished in a little while. Some twelve or fourteen different tribes of Indians, not harmonizing among themselves, and accusunned to deprahue upon an around theny had long carded on hostilities upon our borders and despoiled us of our citizens. With them we have at last, I trust, succeeded in establishing a lasting friendship. Our foreign relations, so far as the United States, France, England, Holland, and some of the principal States of Germany are concerned, are of the most agreeable character—and we have every assurance of their continuance. As to Mexico, she still maintains the attitude of nominal hostility. Instructed by experience, she might be expected to have become more reasonable; but the vainglorious and pompous gasconade so characteristic of that nation would indicate that she is not quite ready to acknowledge the independence we have achieved. ' If, however, she attempts the inflic- tion of the injuries which she has so often denounced, I am fully assured that the same spirit which animated the heroic men who won the liberty we now enjoy, will call to the field a yet mightier host to avenge the wrongs we have endured, and establish beyond question our title to full dominion over all we claim. When I look around me, my Fellow-Citizens, and see and know that the prospects of the Republic are brightening—its resources developing— its commerce extending—and its moral influence in the community of nations increasing, my heart is filled with sensations of joy and pride. A poor and despised people a few years ago, borne down by depressing influences at home and abroad, we have risen, in defiance of all obstacles, to a respectable place in the eye of the world. One great nation is inviting us to a full participancy in all its privileges, and to a full com- munity of laws and interests. Others desire our separate and independent national existence, and are ready to throw into our lap the richest gifts and favors ' The attitude of Texas now, to my apprehension, is one of peculiar interest. The United States have spurned her twice already. Let her, therefore. political set: we are :0 b: where {9, ,3. and indusmr 0f Q‘tl'tigpjfif apprehegd. l may bitflme‘ true “'E have short 5,, 5i: and “631ha nothing , montyisdis,‘ Merlot, and all Other metals 3%,, .6 System ,, 01 “insist not toe ‘ Impondlfiieg {minimum w i , \{l . hurl“, . e. it 1nd 6 «551% battiles’ u}; com' dent 163t gift? c) v—v / l is?” eculil’ SAMUEL HOUSTON 235 therefore, maintain her position firmly, as it is, and work out her own political salvation. Let her legislation proceed upon the supposition that we are to be and remain an independent people. If Texas goes begging again for admission into the United States, she will only degrade herself. They will spurn her again from their threshold, and other nations will look upon her with unmingled pity. Let Texas, therefore, maintain her position. If the United States shall open the door, and ask her to come into her great family of States, you will then have other conductors, better than myself, to lead you into the beloved land from which we have sprung,—the land of the broad stripes and bright stars. But let us be as we are until that opportunity is presented; and then let us go in, if at all, united in one phalanx, and sustained by the opinion of the world. If we remain an independent nation, our territory will be extensive—— unlimited. The Pacific alone will bound the mighty march of our race and our empire. From Europe and America her soil is to be peopled. In regions where the savage and the buffalo now roam uncontrolled, the enterprise and industry of the Anglo-American are yet to find an extensive field of development. With union, industry, and virtue, we have nothing to apprehend. If left alone, we have our destiny in our own hands, and may become a nation distinguished for its wealth and power. It is true we have been visited with inconveniences and evils. It is but a short time since we were Without a currency—without available means, and everything to do; for our national paper was depreciated to almost nothing. A currency, however, has been at length established. Hard money is disbursed by the Government and circulates in the community. The period has arrived, I hope, when this currency may be maintained, and all other eschewed; unless intended as a representative of the precious metals actually in deposit. And I would not recommend the extension of the system further than merely to give the necessary facilities as a medium of transmission or exchange. Relying upon the disposition of Congress not to extend their appropriations beyond the revenues arising from import duties and the direct taxes secured, it will be seen that the Gov- ernment can move on, and at the same time sustain the currency. In the advancement of the Republic, from the earliest period of its history up to the present moment, we think we have demonstrated to the world our capacity for self-government. Among our people are to be found the intelligent and enterprising from almost every part of the globe. Though from different States, and of different habits, man— ners, sects, and languages, they have acted with a degree of concord and unanimity almost miraculous. The world respects our position, and will sustain us by their good opinion; and it is to moral influences that we should look, as much as to the point of the bayonet or the power of the cannon. . 236 - I SAMUEL HOUSTON My Countrymen, give to the rising generation instruction! Establish schools everywhere among you. You will thus diffuse intelligence through- out the mass—that greatest safeguard to our free institutions. Among us, education confers rank and influenceuignorance is the parent of degrada— tion. Intelligence elevates man to the highest destiny; but ignorance degrades him to slavery. In quitting my present position, and a second time retiring from the Chief Magistracy of the Republic, I feel the highest satisfaction in being able to leave my countrymen in the enjoyment of civil and religious free- dom, and surrounded by many evidences of present and increasing pros~ perity. This happy condition is ascribable to that wise and benign Providence, which has watched over our progress, and conducted us to the attainment of blessings so invaluable. Let us, therefore, strive to deserve the favor of Heaven, that we may be established in all the privi- leges of freemen, and achieve that destiny which is always accorded to the faithful pursuit of good and patriotic objects. It is unnecessary for me to detain you longer. I now, therefore, take leave of you, my Countrymen, with the devout trust that the God who has inspired you with faithful and patriotic devotion will bless you with His choicest gifts. I shall bear with me into the retirement in which I intend to pass .the remainder of my life the grateful and abiding recollection of your many favors. -——Com[2lete. From Houston’s Executive Record Book, 1841-44, XL, 383-6, Texas State Library. > ' AGAINST SOUTH CAROLINA IN 1860 (Peroration, Message Transmitting the South Carolina Resolutions to the Texas Legislature, January 20, 1860) T IS to be presumed that the raid upon Harper’s Ferry by Brown and his miserable associates has been one of the causes which have induced these resolutions by the Legislature of South Carolina. In my opinion the circumstances attending that act, have furnished abundant proofs of the utility of our present system of Government,—-—in fact, that the Fed- eral powers have given an evidence ,of their regard for the constitutional rights of the South, and stood ready’to defend them. It has besides, called .forth the utterance of the mighty masses of the people, too long held in check by sectional appeals from selfish demagogues, and the South has the assurance of their fraternal feelings. The fanatical outrage was rebuked and the offenders punished. Is it for this that the Southern States < ‘1 ‘2 l Tl SAMUEL HOUSTON 237 are called upon to dissolve the fraternal ties of the Union, and to abandon all the benefits they enjoy under its aegis, and to enter upon expedients in violation of the Constitution and of all the safe-guards of liberty under which we have existed as a nation nearly a century? In the history of nations, no people ever enjoyed so much national character and glory or individual happiness, as do today the people of the United States. All this is owing to our free Constitution. It is alone by the Union of all States, acting harmoniously together, in their spheres under the Consti~ tution, that our present enviable position has been achieved. Without a Union these results never would have been consummated, and the States would have been subject to continual distractions and petty wars. When— ever we cease to venerate the Constitution as the only means of securing free government, no hope remains for the advocates of regulated liberty. Were the Southern States to yield to the suggestion of South Carolina, and passing over the intermediate stages of trouble a Southern confederacy should be established, could South Carolina offer any guarantee for its duration? If she were to secede from the present Union, could one be formed with a constitution of more obligatory force than the one that has been formed by our fathers, in which the patriots and sages of South Carolina bore a conspicuous part? Sever the present Union—tear into fragments the Constitution—stay the progress of the free institutions which both have sustained, and what atonement is to be offered to liberty for the act? From whence is to come the element of a “more perfect Union” than the one formed by the men of the Revolution? Where is the patriotism, the equality, the republicanism, to frame a better Constitution? That which South Carolina became a party to in 1788, has to this period proved equal to all the demands made upon it by the wants of a great people and the expansive energies of a progressive age. Neither in peace nor in war has it ever been found inadequate to any emergency. It has in return extended the protection which union alone can give. The States have received the benefits of this Union. Is it left to them to abandon it at their pleasure—to desert the Union which has cherished them, and without which they would have been exposed to all the misfortunes incident to their weak condition? The Union was intended to be a perpetuity. In accepting the condi- tions imposed prior to becoming a part of the confederacy, the State became part of a nation. What they conceded comprises the powers of the Federal Government, but over that which they did not concede their sovereignty is as perfect as is that of the Union in its appropriate sphere. They gave all that was necessary to secure strength and permanence to the Union! They retained all that was necessary to secure the welfare of the State! Texas cannot be in doubt as to this question. In entering the Union, it is not diflicult to determine what was surrendered by an independent 238 SAMUEL HOUSTON Republic. We surrendered the very power the want of which originated the Federal Union—the right to regulate commerce with foreign nations. As an evidence of it, we transferred our Custom Houses, as we did our forts and arsenals, along with the power to declare war. We surrendered our national flag. In becoming a State of the Union, Texas agreed “not to enter into any treaty, alliance, or confederation, and not, without the consent of Congress, to keep troops or ships of war, enter into any agree- ment or compact with any other State or foreign power.” All these rights belonged to Texas as a nation. She ceased to possess them as a State; nor did Texas, in terms. or by implication, reserve the power or stipulate for the exercise of the right to secede from these obligations without the consent of the other parties to the agreement acting through their common agent, the Federal Government. The Constitution of the United States does not thus provide for its own destruction. An inherent revolutionary right, to be exercised when the great purposes of the Union have failed, remains; but nothing else. Might not South Carolina, if a new confederacy were formed, at any time allege that an infraction of the new Constitution, or some deviation from its principles had taken place? In such an event, according to the principles now laid down by her, she. would then exercise the same power which she now assumes. Grant her assumption of the right of secession, and it must be adopted as a general principle. Massachusetts may then nullify the Fugitive Slave law by virtue of her right as a sovereign State, and when asked to obey the Constitution, which she would thus violate, quietly go out of the Union. It has been remarked by a statesman of South Carolina, when com- menting upon the alleged aggressions of the North upon the South, that “many of the evils of which we complain were of our own making.” If we have suffered from our own bad policy in the Union—from giving the control of our affairs to men who have not calculated well as to results, the Union has enabled us to retrieve many of these false steps and at no time, since the history of our Government, have so many of the safeguards of law been thrown around our peculiar institution. It is for us to sustain it and every other right we possess in the Union. Sustained by the Federal arm and the Judiciary, we may reply upon the maintenance of these rights, which we know we possess. Whenever these are taken from us, the Constitution has lost its power. There will beno Union to secede from, for in the death of the Constitution the Union likewise perishes; and then comes civil war, and the struggle for the uppermost. If the present Union, from which we are asked to secede, does not possess in itself all the conservative elements for its maintenance, it does seem to me that all political wisdom and binding force must be set at nought by the measures proposed. So 1r ng as a single State reserves rweestr-Stsywififififili‘ "31‘" ‘ i ‘ ' ‘ ‘ ‘W>~V-S;5*a<‘4‘ a» . {yrs :rw SAMUEL HOUSTON 239 to herself the right of judging for the entire South as to the wrongs inflicted, and the mode of redress, it is difficult to determine to what extent the theory would be carried. ' Texas is a border State. Indians ravage a portion of her frontier. Mexico renders insecure her entire Western boundary. Her slaves are liable to escape, and no Fugitive Slave law is pledged for their recovery. Virginia, Missouri, and Kentucky are border States, and exposed to aboli- tion emissaries. Have they asked for disunion as a remedy against the assaults of abolitionism? Let dissolution come, and the terrible conse- quences will fall upon those first, and with a double force. South Caro- lina, from her central position, the sea upon one side, and a cordon of slave States between her and danger, has had but little reason for apprehension. Those who suffer most at the hands of the North seem still to bear on for the sake of the Union. When they can bear no longer they can judge for themselves, and should their remonstrances fail to call the enemies of the Constitution back to duty, and the Federal Government cease to protect them, the pathway of revolution is open to them. To guide us in our present difficulties, it is a safe rule to borrow experience from the sages and patriots of the past. Beginning with the Father of Our Country, and great apostle of human liberty, George Wash- ington, I am happy to find my opinions on this subject have the sanction of all those illustrious names which we and future generations will cherish so long as liberty is a thing possessed or hoped for. In his farewell address, he says:— “The unity of Government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your independence—the support of your tranquility at home and your peace abroad, of your safety, of your prosperity, of that very liberty which you so highly prize. But as it is easy to foresee that from different causes and from different quarters much pains will be taken-many artifices employed to weaken your minds in the conviction of this truth; as this is the point in your political fortress against which batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed—it is of infinite moment that you should properly estimate the immense value of your National Union to your collective and individual happiness; that you should cherish a cordial, habitual and immovable attachment to it, accustoming yourself to think and speak of it as the palladium of your political safety and prosperity—watching for its preservation with jealous anxiety—discoun- tenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate one portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.” 24o SAMUEL HOUSTON It must be recollected that these sage admonitions were given to a people, and to the sacred cause of liberty, to which a long life of arduous toil and unselfish devotion had been given. Temporary excitement, fanatic- ism, ambition, and the passions which actuate demagogues, afforded no promptings to his fatherly teachings. They were those of a mind which felt that it was leaving a rich heritage of freedom to posterity, to whom was confided the worthy task of promoting and preserving human freedom and happiness. Next among the patriot statesmen who devoted their lives to the achieve— ment of our independence as a nation, is to be mentioned the venerated name -of Thomas Jefferson. In relation to the subject of secession and dis- union, we find the following expression of his patriotic feelings. In June, 1798, at a time when conflicting elements seemed, in the estimation of many, to portend disunion, he wrote:— “In every free and deliberating society, there must, from the nature of man, be opposite parties, and violent dissensions and discords, and one of these, for the most part, must prevail over the other for a longer or a shorter time. Perhaps this party division is necessary to induce each to watch and debate to the people the proceedings of the other. But if, on the temporary superiority of the One party, the other is to resort to a scission of the Union, no Federal Government can ever exist. If, to rid ourselves of the present rule of Massachusetts and Connecticut, we break the Union, will the evil stop there? SuppOse the New England States alone, cut off, will our nature be changed? Are we not men still to the South of that, and with all the passions of men? Immediately we shall see a Pennsylvania and a Virginia party in the residuary confed- eracy, and the public mind will be distracted with the same party spirit. What a game, too, will the one party have in their hands, by eternally threatening the other, that unless they do so and so, they will join their Northern neighbors. If we reduce our Union to Virginia and North Carolina, immediately the conflict will be established between the repre- sentatives of these two States, and they will end by breaking into their simple limits.” And again, after a lapse of nearly twenty years, when the Hartford Convention announced the doctrine of nullification and secession as an ultimate remedy, which we are today called upon to endorse, he wrote to the honored Lafayette, who, from his home in France, began to look with doubt upon the success and perpetuity of the Union which his blood had been spilt to establish:— “The cement of this Union is in the heart-blood of every American. I do not believe there is on earth a government established on so immov- able a basis. Let them in any State, even in Massachusetts itself, raise the standard of separation, and its citizens will rise en masse and do justice themselves on their own incendiaries.” SAMUEL HOUSTON 241 The particular attitude of Massachusetts, at that period, called forth these determined expressions from this great champion of American free- dom. They are equally applicable to our present condition. The Legisla- ture of South Carolina may have as much mistaken the character of the masses of South Carolina as did the Hartford Convention the character of the masses of Massachusetts. The Hartford Convention became a by- word and a reproach. The sons of the men of Lexington and Bunker Hill stamped it with infamy. The people of South Carolina are descendants of those who felt all the throes incident to the Revolution. Her gallant heroes are among the historic names to be revered and cherished. Their generations will not forget the cost of liberty, or the blessings of the Union which it created. —-.From Houston’s Executive Record Book, 1859-61, LXXIX, 74-79, Texas State Library. ANSON JONES (Last President of the Republic of Texas) s; THE “Proprietary companies” chartered in England to control ' “Colonial Possessions” had the privilege not only of controlling the colonists, but of maintaining armies and making war until they were “reformed” as a result of the attack of Burke, Fox and Sheridan on Warren Hastings. As “reformed,” their charters were accepted as models for American corporations, operating in new territory. The British South African company, as organized by the late Cecil Rhodes, survives as one of the new-model companies, and Twentieth century his- tory shows that. while not allowed to declare war, such a company may force it on issues which in less than a generation may involve the world. This illustrates the permanent interest of the speech made at Brazoria by Doctor Anson Jones against the “Texas Railroad, Navigation and Bank- ing company” as a “splendid and gigantic monopoly.” As a corporation organized on the reformed British model, adapted for Texas purposes, its credentials were of the highest respectability. The Brazoria speech against it is a model of effective attack. Perhaps, as a result of feeling as a Texan, bound to vindicate himself against the suspicion of prejudice due to birth in New England, Doctor Jones is even more emphatic in his speeches during and after 1856, but while these may always retain some purely historical interest, they may not now seem important or convincing. (See Biographical Data, Jones.) AGAINST “A SPLENDID AND GIGANTIC MONOPOLY” (Address to the Citizens of the County of Brazoria, August 14, 1837) F ellow—C itizem : — THE period of a new election is at hand, when you will be called upon again to exercise the important right of suffrage in the choice of two representatives to represent your interests, and to make an expression of your views and wishes in the approaching Congress of the Republic. Emerging as you just now are from the chaos of a revolution, in which you have overturned a system of military and religious despotism, and 242 engage era}. 2‘; great ; Elite of U militias 2 if‘i‘hh: iii! blood and i0 [lefend :1 cat and d‘ ihtg, bétn mam “hill bu: tilladg‘fi‘s‘ . Iorth in of i“Edam m. t and hilt» \‘n. 1511:: :11; ~; 7,5: v i : es 1.123235% :3m:3~« 2‘ 37-1735: 1 ”flu 5.. : A x 411?»: ANSON JONES 243 engaged in laying the foundations of a new Government, based upon lib- eral, independent and enlightened principles, you are not indifferent to the great and important consequences which will result to yourselves, and to the future welfare of the country, by the judicious exercise of that right. The first councils of a young nation are those which establish the institutions, frame the laws, and consolidate the principles upon which its whole subsequent character and prosperity depend; and exactly in pro- portion as these are wise and just, will the country be prosperous and happy. Nature has been liberal in bestowing upon you a delightful climate, and a soil unparalleled by any other in the world for richness and fertility; and all that now remains to make your success, as a people, proportionate to her bounty, is a good government. Upon the wisdom, the intelligence, the virtue, and the disinterested integrity of those whom the people choose to represent them in the next Congress will it mainly depend whether you and your country shall or shall not enjoy this crowning blessing for which mankind have so often struggled, but, unfortunately, so seldom attained. I have remarked that you are not indifferent to these important con- siderations. A strong desire to be fully enlightened on every subject con- nected with our national legislation is apparent throughout the county of Brazoria, and many are inquiring, with patriotic anxiety, “What shall we do to be saved?” Heretofore, during our whole struggle, the intelli— gence of this county has exercised a controlling influence over the political measures adopted by the country; and its chivalry, its liberality, and its wealth, have greatly contributed to the success of these measures; and its blood and treasure have been freely poured out to resist oppression, and to defend that national independence which it was among the first to advo— cate and declare. By these and similar means much has been accomplished. Texas has been redeemed from her nine millions of oppressors, and the single Star which but yesterday appeared above the horizon, and upOn which “shadows, clouds, and darkness rested,” has now culminated, and shines forth in full meridian brightness—either to become another beacon light of freedom to guide and direct her sons, or else an igm's fatmts, to bewilder and betray. The vessel IS fairly afloat, but it is surrounded with danger— ous rocks and threatened with storms: “And when the demons of the tempest rave, Skill must conduct the vessel through the wave.” Though this is poetry, it is, nevertheless, no fiction; and the citizens of the County of Brazoria, ever zealous and watchful of their rights, know and feel the truth and justice of these remarks, and are now inquiring with more than common anxiety for the best means to avoid the impending evils. Many important and exciting questions still agitate the public mind .244 ANSON JONES from one end of the Republic to another, and some measures of the last Congress have given much alarm to the friends of the country, both at home and abroad. At such a crisis, and on the eve of an election for a Congress to Whom you are looking to settle these questions of national interest, or to remedy any evils which may have crept into the Govern- ment, I believe it to be the duty of every well—wisher of his country, not only to inform himself fully on every subject which has a bearing upon its political welfare, but boldly and freely to communicate information of everything which may threaten it with danger, and although his best friend be implicated, act “not as loving Caesar less, but Rome more.” You will therefore excuse an individual who, entertaining these sentiments, only presumes to address you for the purpose of contributing his mite, however small it may be, to the general mass of enlightened feeling which char- acterizes this community. Among other acts of the last Congress is one chartering “THE TEXAS RAILROAD, NAVIGATION, AND BANKING COMPANY.” When I first read this charter, I rose from its perusal with astonishment at the extraordinary powers conferred upon the Company; but great as they seemed to me, I am free to confess that I did not realize the extent of the evil which they appeared to me to threaten the country with, until I chanced a few days since, by accident, to see a letter from Gen. T. J. Green to the President of that Company, Dr. B. T. Archer, in which he points out the several advantages of their charter. The letter is dated Columbia, 26th December, 1836; and the following extracts from it will serve to explain my meaning: “I have examined your charter with much attention, and find it as liberal in all its provisions as the company ought to desire, and more so than any other in my recollection. The privilege of discounting thirty millions of paper at ten per cent per annum upon its ten millions capital stock; its unrestricted privilege to deal in bills of exchange; its unrestricted authority over the establishment of tolls, fees, and charges of the works; the privilege of taking, at the minimum government price, all the land within half a mile of such works; its full and ample power to buy and sell all species of property; the advantage of investment at the present low prices of real property; the right that foreign stockholders have to hold real estate in Texas not otherwise allowed to them, together with its ninety- eight years’ duration of charter, are privileges almost incalculable, and are invaluable to the company. “You will conclude, with me, that your corporate privileges are beyond arithmetical calculation. “1 incidentally remarked just now, upon the ability of the corporation to complete the works with the net profits alone arising from the employ- ment of one-third of your discount privilege. Thismay be done alone by the usual operations of the bank. But suppose you were to invest one million 0‘ country, V than two mencemen increase} / , sand pert “But i: and the F2 City of B: be fitttisaj PTOPEIfy : “Th fit most x‘alua‘; “It is at at Pleasure, °T Mala; u ' In fltgg .' Pittman“ as I have b to the Usual with mm and é”Igarltic gained 5,. ,; .91' .41 I 'm. 'fiuwl T t'Gjetfl a, he 1901”) :3 trollmbla’ .411 Stile to ”a“: more $0 “:5qu {flirty are?) 3 " ,~ \xsvi\w- :1: wt? . if?“ iii—Z MIRABEAU BUONAPARTE LAMAR 259 to the call promptly around the unfurled banner of freedom; let him repair with impatient zeal to the theatre of his nation’s glory, and there snatch upon the brink of danger fame for himself and safety for his country. The dastard who lingers behind may live to fatten upon the fruits of his recreancy, but when he dies, he rots in infamy to the joy of all; whilst the noble hero who makes his bosom the bulwark of a people’s liberty will find a rich reward for toil and valor in the pride of conscious virtue and the smiles of a grateful nation. If he fall in the holy contest, he will gather glory with the flight of ages. “Each little rill, each mountain river, Rolls mingling with his fame forever.” Citizens of the Red Lands, you are looked to for aid in this second struggle for Independence. Your contributions heretofore have not been proportioned to your population. Few of you have participated in the toils and glory of the strife. Your homes have been exempt from the calamities of war. For that exemption you are indebted to the gallantry of your more exposed and suffering countrymen. Whatever circumstances may have restrained you before, there can remain no reasons to withhold your services now. We know your courage; your skill in arms is familiar to us all. Your country requires the immediate exhibition of both. Let both be displayed when the great and decisive battle which is pending, shall be fought, and Texas is free, sovereign and independent. Hold not back, I adjure you by every principle of honor, of gratitude and of patriot- ism! If any man among you prove recreant now, let him be stigmatized—— treat him as an outcast, and let a nation’s contempt rest like a black cloud upon his name. The call is, en masse! Let all obey, and all will be well! —Complete; author’s text, “Lamar Papers,” Texas State Library. THE CRISIS OF 1836 (Inaugural Address as Vice-President, to the Texas Senate, delivered on the 22nd of October, 1836) Mr. President and Mr. Speaker, and you Gentlemen of the Senate and House of Representatives:— PERMIT me to embrace this opportunity of expressing my sincere acknowledgments for the honor conferred upon me by the free, unbiased suffrages of my fellow-citizens. I say free and unbiased, be- cause their voice has not been purchased by the arts of the demagogue, or by any conduct incompatible with the strictest principles of honor. The station to which I am called has been generously bestowed without solicita— 260 MIRABEAU BUONAPARTE LAMAR tion; and therefore do I feel a more lively gratitude, and, if possible, a deeper sense of its obligations. How far I may be deserving such flatter- ing manifestation of public partiality, remains to be proved by my future conduct,— my deeds and not my words must fix my character. I have no promises of great fidelity to offer. They are easily made,——more easily broken. All that I can say is that I come into office free and untrammelled, Without avarice to gratify and without revenge to satiate. The best pledge that I can tender is to be found in the fact that my temporal interests, as well as my reputation, which is dearer than all, are identified with the prosperity and character of Texas. If I perform my duty properly, I shall be abundantly rewarded by internal peace and public approbation; if other- wise, it will rest with those whose confidence I abuse to punish the defalcation. The duties of my station are plain and simple, of easy execu- tion, requiring but a moderate share of talents and involving no high responsibility. As Vice-President merely, I shall not be invested with official means to accomplish much either of good or evil. The positive power,~—the active authority, which might fall to my lot by unhappycon- tingency, I sincerely pray that I may never be called upon to exercise, since it could devolve upon me only through national calamity. Upon you, Gentlemen, and not upon any branch of the executive depart- ment, rests the good or evil destiny of the Republic. Mine is a station of honor, yours of action and responsibility. You have been convoked for high and solemn purposes, with duties to perform, and obligations to dis- charge, involving the most sacred principles of liberty and the deepest interest of humanity. A brave and virtuous people struggling for freedom and independence, have made you the depository of their highest gift, and the permanent weal or woe of our Country depends upon the fidelity or selfishness with which you shall execute the trusts reposed. If, discarding all the meaner propensities of fallible nature, you shall approach the task assigned you, with reason for your guide, rectitude your policy and the public good your only end and aim, I doubt not that you will, under the auspices of Divine Providence, be able to pass such laws, and adopt such a system of measures as will result, not only in honor to yourselves, but in great glory and happiness to your country. You have it now in your power to open a fountain of legislation, which though a little stream at present, fertilizing as it flows, will continue enlarging with the lapse of time as a rivulet of water widens as it wends its way to the ocean. But if you should prove recreant to the trust confided, if listening to the whisperings of ambition and cupidity, you should depose the authority of conscience and yield yourselves up to the dominion of selfish passions, making the demons of gold and glory the gods of your idolatry, it will be impossible to estimate the extent of mischief which must inevitably flow not only to the living, but to many a coming generation. The evils may be boundless and irremediable; and at a crisis like the present, when 1‘ 1 . i. ,l . 'l 1 ’1. i . lhehopescf turned 1992 could not fa ourcountr; Harri lhehllyalg revolution, ,- minibus . ”1611;. trey-1 . crtdll 150 , extricafim our mental t: worth Tit “illegal-1.. ‘ everalln5 and the Eltcgi. . mentihot‘ re WW“ .57} only “dime ‘ llOnof Ithlflgi the epedfe DENYE , “Wet Walla 'lgiel a . M L. in Mill; v MIRABEAU BUONAPARTE LAMAR 261 the hopes of your own countrymen and the eyes of all civilized nations are turned upon you, any dereliction of duty, any sad betrayal of confidence, could not fail to draw down upon yourselves the scorn of earth, and upon our country the wrath of Heaven. If ever there was a time when all selfishness should be sacrificed upon the holy altar of patriotism, now is that time. We are in the midst of a revolution, struggling for a separate national existence, laboring under many serious and alarming disadvantages, almost destitute of civil govern- ment, trembling as it were upon the verge of anarchy, with too little credit abroad, and too much of the fiery elements of discord at home. To extricate ourselves from this fearful condition will require not only all our mental energies, but an exertion of the very highest order of moral worth. The least deviation from the direct path of wisdom and of virtue, may bring woes innumerable upon our country and lose to us for- ever all those blessings which we hope to gain by the restoration of peace and the erection of a free and independent government. Hence, Gentle- men, those venial indulgences and selfish motives of legislation, which under ordinary circumstances might be productive of temporary mischief only and passed by without punishment, would under the existing condi- tion of things, in our present attitude to the world, be in us, turpitude of the deepest dye, meriting the chastisement of universal execration. I hope that we are fully impressed with the truth of this obligation. I flatter myself that each one of us has assembled here with a 'due sense of our high obligations to God and our Country, and that we shall be able to bring to bear upon our labors, all those exalted feelings and ennobling sentiments which adorn and dignify humanity, and which the present as well as the future prospects of the Republic so imperiously require. Let me entreat you, then, Gentlemen, to put away from you every evil propensity and every selfish consideration that may stand in the way of a prompt and faithful discharge of duty. Let all private feuds be buried in the public good. Let there be no envy, no rivalry save in the sacrifice which each shall make for the weal of all. Influenced by these feelings, animated as I know you will be, by patriotism and guided in your counsels by wisdom, your constituents will anticipate the happiest results. They will look forward to the pleasing period, when “grim visaged war shall . smoothe his wrinkled front,” when the sun of peace shall shed its vivifying beams over our quieted land, when our green fields shall wave with the luxuriant harvest, when our commerce shall ride, dolphin-like, upon the distant waters and Texas, the morning star of nations, shall exhibit to an admiring world her unrivalled resources, as boundless as her beauty, and all guarded and enjoyed by a virtuous and enlightened race of heroes, who acknowledge no master but God and who wear no bonds but death. Gentlemen, I should be doing injustice to my own feelings if I were to resume my seat without paying to my predecessor in office, that tribute of ‘ 262 MIRABEAU BUONAPARTE LAMAR respect, to which he is justly entitled by his public as well as his private virtues. Through the period of a long life, the eX-Vice-President, Gov- ernor Zavala, has been the unwavering and consistent friend of liberal principles and free government. Among the first movers of the revolution of his native country, he has never departed from the pure and sacred principles upon which it was originally founded. His steady and undeviat- ing devotion to the holy cause of liberty has been amply rewarded by the high confidence of the virtuous portion of two republics. The gentleman, the scholar and the patriot, he goes into retirement, with the undivided affections of his fellow-citizens; and I know, Gentlemen, that I only express your own feelings, when I say, that it is the wish of every member of this Assembly that the evening of his days be as tranquil and happy as the meridian of his life has been useful and honorable. —Complete; author’s text, Lamar Papers, Texas State Library. “LAYING THE FOUNDATION OF A GREAT NATION” (On resuming his seat as President of the Senate, November 9th, 1837) Fellow-Citizens of the Senate:— H OWEVER unimportant my presence may be in the councils of the country, yet to myself it has been a matter of much regret that I have not been able at an earlier period to resume my duties as the presid- ing officer of this body. Under the Senate’s kind and generous indulgence, for which I am truly thankful, I left the republic on a visit to my native State for the purpose of settling my private affairs preparatory to a final removal of interest to this, the beautiful land of my adoption and affec- tion. And, although my absence‘has protracted beyond original expecta- tion, yet my time has not been devoted exclusively to selfish and individual purposes; for I could not pass unimproved the favorable opportunity which travel afforded, of spreading everywhere in my social intercourse, a correct knowledge of our Republic; its history, government and resources ; its pres- ent prosperity and happiness, as well as its promise of future glory, and greatness. Indeed, Gentlemen, under no circumstances, prosperous or adverse, could I forget the country, that had given me her confidence and lavished upon me so many undeserved honors. ,Wherever I have been, whether called by business or led by chance, it has been my pride and my pleasure to exalt her character and defend her honor. Amidst the feast of pleas- ure and the flow of soul, her beauties were remembered still. Her green pastures; her luxuriant fields; her fair daughters and her gallant sons,— all, all floated before my mind’s delighted eye and constrained me every- I 5 l, v r v n my is so comprehensive and important as, and at the same time more MIRABEAU BUONAPARTE LAMAR 263 where to say that he who knows our Country and loves her not, hath no eye for the charms of nature; no relish for the deeds of chivalry; no gratitude for the blessings of Providence. In meeting you again, Gentlemen of the Senate, in my official capacity, permit me to congratulate you on the tranquillity that prevails in the country, and the cheering prospects of its long continuance. The storms of war have rolled to the caverns of the West, and the day-star of peace is beaming in our political horizon. It is true that the enemy who sought to conquer and then to massacre our peaceful citizens, is still breathing against us the language of murder and extermination; but it is obvious from the distracted and bankrupt condition of his affairs at home, [that] the known indisposition of his mercenary hirelings again to face our heroic and determined freemen leaves him without the means and ability of attempting the execution of his cruel and sanguinary threats. Well may we be thankful to the God of battles that our arms have been crowned with glorious triumph! Well may we rejoice that we have been enabled to prove our right to freedom by the best of all earthly titles,—-the heart to proclaim, and the hand to maintain it! And well may we be proud to see our national standard float side by side in the breeze with the Star- spangled Banner of the Fatherland! But amidst the indulgence of a just exultation, let it still be remembered that the hour of victory is not always the hour of safety. Success too often begets presumptuous confidence, or leads to incautious repose and a false security. An enemy may be base and pusillanimous, yet vigilant and vindictive. He may not have the necessary courage for equitable and honorable war yet, ever on the alert for some advantage, he may avail himself of an opportunity to deal an unexpected blow upon a supine and unguarded adversary. In this way, villainy may triumph over valor and we may lose by the want of vigilance, all that we gain by intrepidity. The character of our foe leaves us nothing to expect from his honor, and everything to apprehend when circumstances will allow him to strike with safety to himself. Let us guard well then that no advantage accrue to him by reason of any default of remissness of ours. Let us be wary in the midst of triumph; let us be prepared for every possible contingency, and above all, let us be united in our councils and have but one heart in the day of, danger. By preserv- ing unanimity and preparing timely for anticipated difficulties, we have nothing to fear from the enemy, come when he may. We have only to receive him with pleasure and punish his presumption with prompt- ness. Safety against military invasion, however, will be far from forming an exclusive object of attention. The improvement of the civil organiza- tion and condition of the country must necessarily claim a large share of your most serious and earnest consideration. Of all the sciences, none H l it ,1 ,‘N ,3 264 MIRABEAU BUONAPARTE LAMAR abstruse and undefined than that of government; yet if we do not avail ourselves of its providential advantages, the history of the world presents no period so auspicious as the present for the adoption of a system which shall give permanent security to the rights of man; whilst no country on earth, when we consider its natural advantages and attractions, as well as the lofty and chivalric character of its inhabitants, is more deserving than ours of the blessings of freedom. Independent of the wide field of prac- tical experience before us in the old world and the new, the subject of just and equitable government has for a long time been one of intense interest in both hemispheres, embracing in its investigation and discussion all classes of society and all orders of intellect; and sending forth a flood of light, such as the world has never experienced before, and which will not permit the plainest individual to wander far in the mazes of error, who diligently seeks after truth and fearlessly and inflexibly obeys its dictates. 4 But in availing ourselves of the wisdom and experience of other nations, we cannot too carefully guard against the abject spirit of mere imitation. It should be our study, not servilely to copy, but to improve upon the labors of others, by reducing to practice such salutary truths as stand sustained by philosophy and reason, and by repudiating those forms and principles which are known to be false and pernicious, but which are still retained in old, established governments because of their antiquity or of the danger and difficulty of eradicating them. Whatever may be our respect and veneration for any, it should not be forgot that we owe it to ourselves, to the world and to the Great Father of Nations, to establish and preserve a character of our own,—a national, not a provincial, character, founded uponthe great lights which are continually brightening before us. Pecu- liarly favoredas we are by a kind and all-bounteous Providence, it would be criminal in the highest degree, if like the unprofitable servant, we should bury our talent unimproved. It is our bounden duty to increase it; and by being faithful over the things entrusted to us, we have every reason to believe that many more and larger blessings will be added as the reward of fidelity. Such another opportunity of doing. extended and permanent good to mankind can never occur to us again and to pass it by unimproved would be a wrong to our fellow creatures and ingratitude to God. Let it then be our chief study and glory to contribute our due, share to the improvements of the age, and to repay in kind our obligation to other nations for the benefits derived from their wisdom and experi- ence. The task, Gentlemen, before you is an arduous and difficult one, but not unattended with soul-inspiring considerations calculated to cheer the patriot on in the midst of toil, perplexity and sacrifices. Conscious of the importance of your acts, and the magnitude of their consequences, you may tremble at the deep responsibility of your situation, yet a laudable and noble ambition may well be proud of the destiny that confers the power 1 ,fv 1‘ g .1; v’ V. ‘r. , . , p, .7 4‘ m: ' 3 a? ,_ : p #:5- =n a. c _. M g '- E z“ =« ._. O '5 a. . , , n.- ,:« 9:. a g- H o :1 :3; m :7— camp.- 'm .3:— ,_ m ,_h .9— 5 u - (p m :;T1_“—155?" ; ‘ 'r'. cr 5 MIRABEAU BUONAPARTE LAMAR 265 of laying the foundation of a great nation and forever securing the liberty and happiness of its people. Surely, Gentlemen, we have, all of us, every reason to be proud of our country; for her beauty is unrivalled and her wealth unbounded. The richest gifts of Providence are here; all that nature can bestow, or the heart should desire,—a climate delightful and invigorating; water as pure as the springs that sparkle from the Rocky Mountains; a soil, prolific and diversified, adapted to the full maturity of every production of the temperate zone, and what is better still, a virtuous and enlightened popu- lation, a hardy race of enterprising men who appreciate the blessings they enjoy and stand prepared to maintain and protect them. The ignorant, bigoted and vicious may revile and insult her, but we who are fanned by her genial airs; who revel in the luxury of her waving fields and clear blue skies, are happy in the beauty that surrounds us and the plenty that prevails. We sigh for no richer nor brighter land. And if we did, where shall a lovelier be found? We read of the Vale of Vallambrosa, and we are told in song of the banks of the blue Moselle, but he who shall wend his way to our fair and favored region, will find himself embowered in a boundless [Eden ?——a word undeciphered]—- a uni- versal Elysium, where every hill is a flower-crowned Ida, and every plain is the valley of Tempe. You, who have stood upon the summits of San Saba will testify to the fidelity of this. The stranger abroad who believes it not, if he will come into our country and go with me to the Mountains of Sierra Madena, I will show him a scene that bids defiance to the genius of poetry,—-— a land- scape beyond the brilliancy of Titian’s pencil,—where flowers of every figure and complexion spread their gay beauties to the sun and shed odor on the breeze; where birds of the brightest plumage pour their melody to the cadence of the laughing waters; where the roe and the deer are lightly bounding together; where the bison and the buffalo darken the distant horizon with their numbers whilst the fiery mustangs toss their long manes to the wind and shake the very hills with their wild and furious stampede. And how can he gaze upon these things and find in his heart to abuse a land that God hath so beautified and blessed? If he be of that frigid and malignant class who have rejoiced in the calamities of my country,—who have sought by the foul breath of calumny to blight a rising nation’s hopes of liberty and mildew the laurels of its brave defend- ers,—-I would turn from him with abhorrence and contempt, and say to him: “Depart, thou scorn of honor and the shame of chivalry!” But if - he have a soul of sensibility and a spark of fervor,—a taste for beauty 'and a love of freedom—I know that he will not only delight to serve and honor a country whose glory is emb'lemed in the morning star, but he will bare his head, and pour out the fountains of his heart to the Great Spirit 266 MIRABEAU BUONAPARTE LAMAR of Benevolence for spreading before him such soul-inspiring scenes and induing him with a capacity to appreciate the blessings and enjoy them with gratitude. ~ Yes, Gentlemen, for our country God hath done much! Let it not be written in the history of these times that we have done nothing, but let it be our study, by night and by day, to pursue such a system of enlightened legislation as will perpetuate the freedom we have won, and show to mankind that we are neither unmindful or unworthy of the bounties bestowed by the hand of an unsparing Providence. Our valor is famed throughout all civilized nations, and it is now in our power by a course of high integrity to prove to the world that we are as inflexible in virtue as we are invincible in arms. ~Complete; from the author’s text, Lamar Papers, Texas State Library. fi3~;L~.;xg_3:~:».. “1' 1 2 ; i, V fi’Qii. 733317 . ;WT1’1“"5*<°.“?T{5‘9 7'33: YANCEY LEWI S (Jurist; Professor and Dean, Law Department, University of Texas, 1900-4; President, Texas Bar Association, 1908-9) THE Colonial Legislature of Virginia, the Committees did not ' write long majority and minority reports. If they favored a measure, they endorsed it with a single word, under which they signed their names. That single word, “Reasonable,” as it de- fines What all human language and action ought to be, defines Yancey Lewis as an orator. He has the English language under control and uses it to express thought that is not merely rational, but reasonable. The expression of human reason in language under control of the ear, is made possible only by the ear’s automatic appreciation of the kaleidoscopic har— mony of vowel combination. All who are not born deaf, are born with the ear the orator and the poet must educate and control. But if they do not control this sense; if it controls automatically, it may become a dis- ease, for Which as a form of insanity, alienists have a special name. An alienist in the gallery of Congress in some years since 1900 might have studied this disease to great advantage, in support of a possible theory that it had become “endemic.” The cure for it always is that given by'Judge Lewis,—-—to think. As he illustrates What thought means, fittingly expressed, many of his sentences are so lucid that they seem to shine as they enlighten. (See Biographical Data, Lewis.) THE UNIVERSITY OF TEXAS AS A VEHICLE OF ENLIGHTENMENT (Delivered on the twenty—first anniversary of the foundation of the University, June 8, 1904) Ladies and Gentlemen: -— T HAS long been the custom with individuals when they reach man- hood’s estate to celebrate the event with merriment and feasting, to recall the happy incidents of the past, and to indulge in hopeful forecasts of the future. It has been mentioned more than once during these exercises that today the University rounds out twenty-one years of existence. While a large view compels us to remember that institutions measure their lives by decades, as men by years, and that in this view the University 267 268 YANCEY' LEWIS is still in its infancy, yet the fact mentioned is interesting; it marks the passing of a milestone proper to be noted, and because of it and because in the beginning I entered these halls as a student and later have been for a time a teacher in them, it has been believed that I might _speak something of the University befitting the occasion and worthy to be con- sidered. Not in anywise admitting the premises, I have not, however, felt at liberty to decline the attempt. I ask you to survey with me something of the historical background from out of which is projected the aetual establishment of the University; something of its local and institutional environment. giving promise of con- tinued growth and usefulness; something of its functions,.needs and rela- tions to the State; something of the quality and character of the results which alone shall furnish reason for its existence. It is interesting and instructive to follow the play of ideas and forces which have sometimes conflicted, sometimes co-operated, and sometimes diverged, in the development of the higher educational system of this State. Early in the century Mr. Jefferson, whose comprehensive and pene- trating vision overlooked few forms of human activity, observed that the existing colleges and universities were in the main upon ecclesiastical foundations, and that in them all the student’s freedom of choice in the selection of his studies was greatly abridged. Accordingly, he began to labor for the establishment of a university which should be the creature of the State, and in which much freedom of election in the pursuit of studies should be allowed the individual. As a result of his labors, in I826, in the plentitude of his influence and fame, and just an even half century after the signing of the Declaration of Independence, of which he was the author, the University of Virginia was organized. Few men have played a nobler part in the cause of liberty and progress than Mr. Jefferson. None have been more devoted champions of the right of the people to govern themselves; none have had a stronger faith in their capacity for self-government; none have considered the principles and the perils of popular government more carefully. It is most sig- nificant of the view which this wise man took of true dignities and honors and of the real relation of things that in his directions for his monument he ignored the fact that he had been Governor of Virginia, Minister to France, Secretary of State, and twice President of the United States, but commanded that the simple stone which marked his resting place should record that he was the author of the Declaration of Independence, of the bill for the establishment of religious freedom in Virginia, and founder of the University of Virginia. In 1839, thirteen years after the establishment of the University of Virginia, the Republic of Texas provided by act for the location of its capital, and under directions in this act the site upon which we are assem- bled today was dedicated as the seat of a university. Fourteen days later, of 1-. three male lzrg: latlon Hap 01:31: destini fart; 0f 2: infium tremm 0f its: it - , mar; €556me inscrute mafia: 'e‘. hilgfiu Collier: In. L queitlm‘l h l all 1.705 0 tr h5g5, LE Stats pETSOH Si “igugfghji ‘.__‘ n 2 A”; .2 _ J‘s—n. ; _ “A .. .. . :.- . . 11,}: >7|9~1§‘—‘;n-- / YANCEY LEWIS 269 and before the place of permanent government was located, the Republic passed a second act, setting apart fifty leagues of land as an endowment of two universities, it being the understanding of historians that one of these was intended for men and the other for women. Contrast, if you please, the conditions when the first enactment of laws made possible the University of Virginia and the University of Texas. Virginia had been settled for more than two centuries. In point of popu— lation, wealth and influence she was near the first place among the States. Her people were highly cultured and refined. Her public men were leaders of the country’s thought, and in the lists of her great names were some destined to immortality. The men who, with vision looking into the far future, sought to lay the foundations of this University were members of a rude, newly-settled, frontier community. They were without wealth, influence or the prestige of great names. They were struggling against tremendous odds to preserve their very lives and the first, faint outlines of institutions and government.‘ Yet, however diverse the conditions of their birth, the two institutions are sprung from perception of the same essential truths ;. they are acorns from the same stem, and such is the inscrutable ordering of events, that the one which was planted under cir- cumstances so unpropitious promises even now to grow to the statelien height, to spread its branches wider, and to give the larger shade for the comfort and refreshment of humanity. In I858, funds having become available, the Legislature took up the question of the actual organization of the University. It recited that it had from the first been the fixed purpose of the people to have an institution of higher learning. It decided, with a view to preserving the unity of the State and to avoiding the unnecessary duplication of expense, not to have two universities, but one. It declared that the religious tenet of any person should not be made a condition of admission to any privilege or office in the University. It provided for the organization of the University and, it is interesting to note, included- instruction in agriculture in its curriculum. Contemporaneous with this action of the State, there was begun a movement in the National Congress which has been productive of great results as well as great divergences in the educational systems of the country. There was introduced in the Congress of the United States a bill to grant land out of the public domain to the various States as the foundations of institutions intended primarily for instruction in agriculture and the mechanic arts. This bill was opposed by the Democratic members, including the Representatives from Texas, as an unconstitutional interfer- ence with the right of the States to control their educational systems. , Having passed the Congress it was vetoed by the President on this ground. Then came the war. It caused the diversion of the funds available for 'the establishment of the University to other uses. It caused the with— drawal from the Congress of the members of the Southern States, per- :m . .s...‘;:.——. ,. L_1—.-n-_—‘;~.v——.~_V.A» 27o YANCEY LEWIS mitting the passage of the land grant college act. Thus the same cause which prevented the opening of the University with instruction in agricul- ture in its curriculums brought into existence the land grant colleges in which such instruction was intended to be the leading feature. For, to trace developments further, in 1871, the Legislature of the reconstruction government, desiring to secure the grants of land from the Federal Gov- ernment, authorized by the act of Congress referred to, passed the law under which the Agricultural and Mechanical College was established, and thus defeated the purpose of the State to have one university, locally unified, and including in its curriculum all branches of learning, save theology. In 1876, when the party which had always controlled the State, except in the period following the war, came again into power, and a convention to frame a new Constitution was assembled, it went back to the purpose of 1858, providing for one university. It accepted the Agricultural and Mechanical College, though impinging on this purpose, as an accomplished fact, and provided that it should be a branch of the University for instruction in agriculture, the mechanic arts, and the natural sciences connected therewith. It voted down distinct propositions to establish other branches of the University in different sections of the State, and it commanded the organization of a university of the first class to be located by vote of the people, and to be known as The University of Texas. In pursuance of this mandate the University was opened for students twenty-one years ago this fall. It must ever rest in the field of speculation to wonder how much duplicated and unnecessary expenditure of money, how much of dissension and jealousy, how much of antagonism, sometimes baffling and thwarting common ends, would have been avoided had the physical unity of the University been preserved, as in California, Wisconsin, Missouri, and other States; and while there may be, in the nature of the subjects taught, reasons which make the separation of the Agricultural and Mechanical College from the University fortunate, it must ever be deplored that otherwise the complete and majestic conception of the earlier act and the later Constitution has been marred and mutilated, that there has been dis- memberment and weakness where the great, historic design contemplated unity and strength. But so much for the history. There is in it enough to give pride and pleasure to every citizen of Texas. It shows that the conception of this University was coeval, practically, with the establishment of free govern- ment within our limits. It shows that in the beginning there was a great purpose against which neither time nor war, the wreck of institu— tions, nor the clamor of the unthinking, could prevail. It shows that this University has lineal descent from the Republic; that its sons and daugh- ters may of right claim relation with martyrs and heroes, and indulge the belief that the genius, the valor and the sacrifices of these will forever inspire, uplift and safeguard their beloved institutions. Tm whit; should my m1 gram directrs iifltiflgl these to Hereis Ithasa nessof] of the 31 vastworl with gm Powerful menhvill 01d?“ am land! 572i u'hoselit farm] of insziceam home, 0 Wherethe {Milli} 113mm “0116’: 010' Italy, 5m 11ft. NOW earth’s”? the whim “’Snext . 1-,» fix“ _“k‘»"<¥‘:“’{7~‘<“"‘€’~'<"f‘:“"‘“—)r5- YANCEY LEWIS 273 society; the illiberal practical man, that men may acquire the instrumentali— ties with which to get on in the world, to obtain wealth, position, dis- tinction; the practical man of loftier view, that the State may have skilled intelligence to explore and develop its resources and thus bring to its people wealth, comfort and power; the humanitarian, that the children of .genius and poverty may have equal opportunity with those blessed by fortune; the churchman of the middle ages, that the church may have weapons of intellectual defense and skilled soldiers to wield them; the lover of science, that there may be places where advanced and original work may be done, which shall extend the boundaries of human knowledge. I venture to believe that not one of these answers correctly states the essential function of a university, but that each confounds that which, though useful, admirable or beneficial in itself, is incidental only and not essential. There is a condition of physical well-being which we Call health. There is a condition of spiritual well-being 'which we call virtue or moral excellence. So there is a mental condition or result which, lacking better terms, we may, in the words of Cardinal Newman, call intellectual freedom, enlightenment, or illumination. To induce this state, I conceive with him, is primarily the function of any university. This freedom, this enlighten- ment, this illumination is not knowledge, though it readily commands knowledge. It is not acquisition, though it makes acquisition easy. As health and strength will result from regimen and ordered exercises, from a co-ordinated and symmetrical development, so this will result from the wise' exercise of the faculties and the co-ordinated interplay of the trained reason, the matured judgment, the enkindled imagination. It is the quick- ening into life of the immortal energies. It is the awakening of the mind to the consciousness of its own powers. It is to give it starting point and sense of relation, sanity and poise and balance. It is to give it the bold— ness to question, to investigate, to reason, to conclude. It is not to furnish formula and rule and packages of precepts and bales of truisms. It is to bring freedom to the understanding and courage to the heart, to put a torch into the hands of reason and say, explore. To secure the dis- charge of this essential function what is the first need? Undoubtedly there must be buildings, and equipment, libraries, and opportunities for research, and able and inspiring faculties, but these are not the first need. The first need is liberty to think; and in this need, I take it, we find the genesis of the State University in this country. There was a fear that colleges built on private foundations would reflect simply the views and doctrines of the founders and we have had such institutions, representing fads, crotchets, and eccentric notions in education. There was also the fear that institutions built on ecclesiastical foundations would represent doctrines, creeds, and ecclesiastical views of the relations of Church and State; that the church instead of freeing the intellect, would seek to ccéntrol it for its purposes in fields pertaining to the State, or to 1 I —— I l -. wag ,m—r.mi“;=7r 274 YANCEY LEWIS the individual alone. In the development of the times the dangers from this source seem to have been over-estimated; but dangers of a kind not foreseen and not anticipated have presented themselves. The enormous acquisition of wealth within recent years by a number comparatively small and the development of the principle of combination in a way unknown before in history, have led to the propagation of various economic theories and views of government tending to perpetuate these conditions. The great increase of wealth has led also to the establishment and endow- ment of universities having ample funds, able faculties, complete equipment, thereby drawing to themselves great numbers of most promising students. It may be seriously questioned whether institutions whose foundations are wealth unlawfully gained, which have the gratitude that consists in a lively expectation of future favors, will encourage their students very carefully to consider how such acquisitions may be made impossible, and such unlawful wealth returned to the body of the community. In this direction lurks peril to free government. If concentrated wealth shall come to own the newspapers, the vehicles for the dissemination of facts among the people and to control the universities, so that the minds of aspiring youth shall not be liberated, but warped and fashioned to its own views and uses, then, indeed, may the stoutest heart feel the quiver of a dread apprehension. In the face of conditions rapidly developing, Jef- ferson’s conception, that a free State must have and maintain its own university for the enlightenment of its youth, takes on a new and pro- founder significance, and seems no longer an act of Wisdom merely, but of necessary self-preservation. The other source of danger to the liberty which is the life of the real university is in the State itself; in the failure to recognize the university’s true function; in conceiving of it as an agency to propagate certain views and theories of government, of economics, or what not; in compelling it to walk captive in the triumphal procession of the political victor of the hour. Let the real function of the university be emphasized again and again. It is not the means of a propaganda. It is not a place to make doctrinaries. He is no true professor who in the face of any con- juncture recants his opinions. Neither is he a true professor who, touching any disputed question, says to his students, “I give you the correct view, accept it.” He who is worthy of the name shall say: “Here is the debatable question, and here are sources of information, and here are high points of view from which to survey it; now exercise man’s most god—like faculty, and reason.” Of all the worthless works of man, that poor, deformed, hideous thing, a university dominated by political control or made the adjunct of a partizan machine, is the most Worthless. The angel of whom it is said i i . 5 t l . ! “Brian, g0 Dug who: if] 0 “WM 3 its ”d W YANCEY LEWIS 275 “From morn Till noon he fell, from noon to dewey eve, A summer’s day; and with the setting sun Dropped from the zenith like a! falling star,” fell not further from his first estate than such a university from its true purpose and function. Such a university has no excuse for existence. It has ceased to be a university except in name. It is an impediment to progress. It is rubbish and waste that cumbereth the ground. I avail myself of the liberty, permitted one whose connection with the University has practically ceased, to say that, owing to contingencies not to have been anticipated, to this danger our University is now completely exposed. The continuance of its work, practically its existence, certainly its hopes of growth, are based upon biennial appropriations; its governing body, having a tenure of but two years, is appointed at each succession in the State administration. Ill result from these causes has not occurred, and happily does not threaten; but the possibility of gravest harm is ever present. Under existing conditions there is lacking assurance of safety to the institution, of freedom to the faculty, of continuity of policy to the regents. The experience of the States having the best universities demonstrates the wisdom of a governing board with greater duration and stability of tenure, and an income, by constitutional apportionment, more definitely fixed and secured. To avoid this danger to our institution, appeal is made to every patriotic and thinking man in the State, but especially to the sons and daughters of the University. Upon those who go out this day, upon those who have gone out in the past, upon those who, in greater numbers and with increase of power shall go out in the future,—upon all these I would lay an obligation heavier, more solemn and binding than that which Hamilcar imposed upon the young Hannibal, to oppose “with all their might, power and amity” whatever man or set of men shall seek to lay hands upon the right to think in this institution or to make it the mere appanage of a political machine. Some there have been who have thought that‘the primary function ascribed to a university might be inconsistent with proper moral develop- ment; that the attitude of the university toward Christianity must needs be hostile or at least chilling and unsympathetic. The truth is far otherwise. Because the State gives religious liberty, does it hereby become unchristian? Is the sun any less the source of all healthy life and growth because it shines in unrestrained effulgence and sometimes its rays reach into dark places or light up, it may be, noisome recesses? A State University cannot inculcate sectarian views, but it can compare all ethical systems, among which that of Jesus Christ must forever have pre-eminence. It cannot seek to induce acceptance of a particular creed, but it can say to the churches: “Here the fields are fallow and open and the harvest precious; li,TLL{,13e earth are manifestations of the Creator’s wisdom and power; for they are 62 in? and p E not the result of progress in a perpetual circle, but were created by Jehovah. Willi“ Faith presents truths of which natural science is ignorant. What does 5 “Pp ; science know about love, the most potent power in the universe? The true, w‘nlCh the beautiful, and the good, antedate all science. The great difficulty with #10?de ; 5‘”; the physicist is his narrowness; he concludes that there is no truth beyond {1; W 2st, his specialty, and disqualifies himself for a judge of other truths. Even W” e L ' the astronomer is ignorant of the, great movement, which is sweeping We inl ‘ f; all—sun, moon, and stars—to the far eastern goal, to which everything is were!” IDS , tending. 282 JAMES WILLIAM LOWBER, SC.D.,' D.D. THE MONKEY AND THE MAN It is evident that the theory of Mr. Darwin directly contradicts the Bible doctrine of creation. It also supersedes the necessity of Christianity; for if man never fell, there cannot, of course, be any necessity of a Redeemer. Religion means to rebind, and there cannot be any rebinding until there is first an unbinding. The position that makes the first man the lowest type of savage cannot be harmonized with the fall of man. The following facts are, to my mind, conclusive evidence against the Darwinian hypothesis: I. We discover in nature a general plan; for there is a distinction of classes, genera and species. If the theory of Mr. Darwin were true, we would expect just the opposite; for if fortuity, and not intelligence, is the guiding principle, we would naturally expect to find animals with all manner of excesses and deficiencies. Some might have eyes where the ears are; the ears in front, and the nose behind. A horse might have the horns of a cow; and a cow the head of a rhinoceros. All thoughtful persons must admit that the order and adaptation found in the natural universe cannot be the result of anything less than intelligence. 2. Geology has revealed to us the fact that some of the highest and most complicated vegetable and animal organizations were introduced suddenly upon the scene, and were not the result of development. Huge ferns and pines were suddenly introduced, with not even mosses between them and seaweeds. Sharks and ganoids, more than twenty feet in length, and of the very highest type of fish structure, commenced the Devonian Age. Gigantic reptiles, sixty and seventy feet long, introduced the Reptilian Age. The Age of'Mammals began with the great Mastodons, compared with which the animals of our day are mere pigmies. Professor Dana claims that in some parts of the world the ox was introduced before the monkey. 3. No scientist has ever been able to present even one example of the production of one species by another. If such has ever been the case, it is reasonable to suppose that it would have been found out by somebody. Instead of this being the case, we have an insuperable bar to it, set up by nature itself. Against the transmutation of species the God of nature has established the impassable bar of sterility. 4. The first man was a miracle, whether made out of a mOnkey or out of red earth, for men are not made that way at the present time. The theory of the development is mainly designed to banish the supernatural from the universe; but this it cannot do, for we are unable to account for the natural without admitting the agency of the supernatural. 5. The habits and physical structure of the monkey differ so greatly from the same in man that it would have required a miracle to develop one into the other. The gorilla, an ugly and ferocious beast, with its s .‘.~;;;.m,;t__' J‘sd’wm :f L115 36b ' ., 'an 335,0111 ,‘luffd [he hamloml miessof ,. lore l ml 36 AVVV he 4 jfiléo‘t . ., . M. lb 2W1 7g: Vmng-stsrfiszw’wm‘wvegy -\«:1.;1__~ ; ~ > f, JAMES WILLIAM LOWBER, sc.D., D.D. 283 brutish face, no more resembles man than does the grim visage of a grizzly bear. The gorilla is man’s bitterest foe. It acts on the offensive, and attacks man as soon as it has an opportunity. It is said that its jaws are such that it can easily crush the barrel of a gun between its teeth. 6. We observe an intellectual and a moral difference between the monkey and the man which renders the evolution theory impossible. Professor Huxley says that every bone of man can be distinguished from the corresponding bone in the gorilla. All the mental faculties of man can as easily be distinguished from the same faculties in the highest ape. Man is a being of progress. The monkey, by its non-progressive character, is internally bound to the brute creation. It looks no higher than the earth; but man looks to the heavens. Man is a religious being, and is destined to a higher state than this world; but the monkey is entirely of this world, and has no aspirations beyond this sublunary sphere. ARCHZEOLOGY AND PRIMITIVE MAN Until a comparatively recent date the term “Archaeology” was confined to Egyptian, Greek, and Roman art. The word literally means a descrip- tion of ancient things, and it has now been adopted to denote the science which deduces history from the relics of the past. Archaeology is a science which links itself to geology; for just where geology ends archaeology begins. The modern skeptic takes hold of this recent science, as he does, in fact, of all the sciences, to overthrow the Biblical account of early life on this planet. While we do not, of course, claim any divine authority for the chronology placed in the Bible by uninspired hands, I think, that we are perfectly safe in stating that no discoveries in the science of archaeology contradict, in any sense, the chronology of the Septuagint, which places the creation of man 5509 B. C. This version of the Bible was used by the apostles and by nearly all the church fathers. The chronology of the Septuagint was almost universally adopted by the primitive church. Those who advocate anti-biblical views in reference to man’s origin and antiquity, claim that he first appeared among living beings as a savage, and was but little above the brute. The first implements he used were of stone, and he soon learned to polish the stone; hence the first age is called “The Stone Age.” After having used stone for a long time, he became acquainted with copper. He learned to mix this with tin, thus converting it into bronze; and the general use of this alloyed metal gave the second age the name of “The Bronze Age.” The next forward step was to learn the use of iron, which indicated considerable civilization. The name given to this important age was “The Iron Age.” It is claimed that when we unite these different ages, they present a chronology too earlyfor the Biblical account of man’s origin. All this is mere conjecture, and not established fact. The Duke of l i l i I . 284 JAMES WILLIAM LOWBER, SC.D., D.D. Argyle truly says: “They talk of an old Stone Age and of a newer Stone Age, and of a Bronze Age, and of an Iron Age: now there is no proof whatever that such ages ever existed in the world.” If men are permitted to substitute hypothesis for truth, and mere conjecture for fact, almost any kind 'of contradictory theory can be gotten up. If we admit that mankind has passed through these stages, they give us no means of calculating the age of the race; for the different stages would overlap and fade into one another, as do the colors of a rainbow. It would not be possible for us to draw any lines by which their breadths could be estimated. Again, the people in some countries would advance more rapidly than those living in others; so we w0uld have some in the 1 Stone Age, while others were in the Bronze Age, while there were still others in the Iron. It is a fact that the Egyptians had chariots of iron, while the nations of Northern Europe had only weapons of stone. The Hebrews bent their bows of steel, when the Britons had only bronze toOls for arms. Even at the present time there are many tribes which use only stone and bronze, and have not yet reached their Iron Age. Some great writer has said that every scientific opinion is speculative. There are but few positions occupied by the scientists of one hundred years ago which have stood the tests of time. As men have increased in knowl- edge, these have all been abandoned. The Bible, on the other hand, has more advocates now than it has ever had before. The more men study it, the greater becomes their faith in its divine authenticity; and the better they understand it, the more useful they can be in their day and generation. While we advocate the highest scientific and literary advancement, we believe the Bible to be the true center of universal culture. ———By permission from “Popular Lectures” in his “Struggles and Triumphs of the Truth.” ‘ are not 5; i 50 hard; declined; Wmmissic {- ' friend RE i famOUS Cl, 5 and Rea; ‘ BiOtraphi sin—wane“... « . sv» ~. V. <— ,1. vrfiwfigw 237:1}??4521331: r 1 . FRANCIS RICHARD LUBBOCK (Governor of Texas, I861-63) \ a2‘s AN orator, Governor Lubbock is at his best in narration. He has also the rare faculty, when stating facts, of confining himself to what he knows. For this, he will be pardoned his lack of elegance by all who though they may value graces of style highly, are not satisfied by them except because of what they adorn. Texas was so hard pressed in 1863 when Governor Lubbock’s term ended, that he declined re—election and joined the Confederate army, in which he was commissioned Colonel by President Davis. It was thus that with his friend Reagan, he came to have the decisive voice in the once bitter and famous controversy over the capture of Jefferson Davis, whom both he and Reagan accompanied after the evacuation of Richmond. (See Biographical Data, Lubbock, Reagan.) THE CAPTURE OF JEFFERSON DAVIS (From an address before the Texas Legislature, March 7, 1891, on the presen- tation of a portrait of Mr. Davis) . So MANY versions have been given of the capture of Jefferson Davis that at the expense of fatiguing you, my friends, I must reproduce here a letter written by me for the Southern Historical papers on August 2, 1877. It occurs to me to do so because I was asked a few days ago by a gentleman in high position in the state government if President Davis was captured in a woman’s dress. As you all know, I was with him on that occasion, and I have in my memory that exciting journey from Richmond; but I only Wish to set at rest once again this idle tale that even some of our own people may believe. Here is the letter: GALVESTON, Aug. 2, 1877. MAJ. W. T. WALTHALL: Dear Sir: Yours of the 28th came to hand a day or two since, finding me very busy. At the earliest moment I perused the article you alluded to in your letter, which appeared in the Weekly Times of Philadelphia of July 7. It does really appear that certain parties with a view of keeping themselves before the public will continue to write the most base, calumnious and slanderous articles calculated to keep the wounds of the past open and sore. Such a writer 285 286 FRANCIS RICHARD LUBBOCK now appears in General James H. Wilson, whose sole aim seems to be that of traducing and misrepresenting the circumstances of the capture of President Davis and his small party who, as it appears, was pursued by some 15,000 gal- lant soldiers commanded by this distinguished General Wilson. I shall leave it to you and others better qualified than myself to reply to this chapter of the “Unwritten History of the War.” I have this, however, to say: I left Richmond with President Davis in the same car and from that day to the time of our separation, he being detained at Fortress Monroe and I sent to Fort Delaware, he was seldom out of my sight day or night. The night before the morning of our capture Colonel William Pres- ton Johnson slept very near the tent of Mrs. Davis, with whose party (Mrs. Davis’) we had accidentally fallen in. Mr. Davis and his party had no tents.'But Mr. Davis was in Mrs. Davis’ tent that night. Colonel John Taylor Ward and myself were under a pine tree some fifty or one hundred feet off. Just before day a light rain falling, and very cold. I immediately prepared for an engagement and was ready in a few moments with my horse saddled for a move. Very soon our camp was surrounded by mounted men. I was commanded to surrender and an attempt was made to rob me. I refused to give up my things, such as saddle bags, Mexican blanket, etc. The firing continued. I abused those Fed- eral soldiers around me and told them they had better repair to the firing and stop it, as they were slaughtering their own men. As soon as there was suf- ficient light they discovered that they had been fighting with their own soldiers and had killed and wounded quite a number. In a few moments I joined Mr. Davis and his family. I saw nothing of any attempted disguise, neither did I hear anything of it until some time after I had been in Fort Delaware. I then pronounced it a base falsehood. We were guarded by the 4th Michigan cav- alry, commanded'by Colonel Pritchard, until we reached Fortress Monroe. I talked freely with officers and men and on no occasion did I hear anything of the kind mentioned. Judge Reagan and myself had made a compact that we would never desert or leave Mr. Davis, remaining to contribute if possible to his com- fort and well being and to share his fortunes whatever might befall. My bed— mate, Colonel J. T. Wood, one of the bravest and purest of men, having been a naval officer of the United States, and havingrbeen charged with a violation of the laws of nations in certain captures he had made, deemed it prudent to make his escape. He informed me of his intentions and invited me to accompany him. I declined to avail ‘myself of the favorable opportunity presented, telling him of my compact with Judge Reagan. He did make good his escape, landing in Cuba with General Breckenridge and Mr. Benjamin, members of the Davis cabinet. The conduct of the captors on that occasion (the capture) was indeed marked by anything but decency and soldierly bearing. They found no preparation for defence and encountered no resistance whatever. Mr. Davis, Judge Reagan, Colonel Wm. Preston Johnson, Colonel John Taylor Wood, a young soldier, Barnwell of South Carolina, who also escaped, and myself, constituted the presi- dent’s party. Colonel Burton N. Harrison, the private secretary of the presi- dent, and a few paroled soldiers, were with Mrs. Davis and her family, protect- ing them with their baggage, etc. Upon taking the camp they plundered and robbed every one of all and every article they could get hold of. They stole the watches, jewelry, money, clothing, etc. I was the only one of the party not , . l l l l l t . r ‘ “ill {rm robhd. governs 50 flat I officers x such am My press sold rain; have it re money, etr the stain “ml? mat if from [E propenyl But, wk that Lie ti “t of the : lht target 5 mm men i} rs of 31., ,him 35 Ore mlllllgfgf 3 and ills 963 will. and. “-fiiili that will ref demse his 3 ”We Th 8 35m ‘ . andHarriso maSlll-GW amtl H FRANCIS RICHARD LUBBOCK 287 robbed. The man and patriot who, but a few days before, was at the head of a government was robbed by his captors with uncalled for indignity, so much so that I became completely exasperated and unhinged and demanded of the officers to protect him from insult, threatening to kill the parties engaged in such conduct. Mrs. Davis was robbed of her horses, her own personal prop- erty presented to her by the people of Richmond. The money for which she sold valuables, jewelry, silverware, etc., was stolen and no effort was made to have it returned to her. Time and time again it was promised that the watches, money, etc., stolen should be returned,——that the command would be paraded and the stolen property returned to the owners. But it was never done, nor any at- tempt made to do so. A Captain Douglas stole Judge Reagan’s saddle and used it from the day we were captured. They appropriated our horses and other property. L But, why dwell upon this wretchedly disagreeable subject? I hope and pray that the whole truth will some day be written, and I feel assured when it is done We of the South will stand to all time a vindicated people. As for him, who is the target for all of these miserable scribblers and those unscrupulous and cor- rupt men living on the abuse heaped on the Southern people, fanning the em- bers of the late war, when he (Davis) is gone from hence, history will write him as one of the truest and purest of men, a dignified and bold soldier, an intelligent statesman, a man whose whole aim in life was to benefit his country and his people. I knew him well. I have been with him in prosperity and ad— versity, and have ever found him good, and true. How wretched the spirit that will continue to traduce such a man. . How miserable and contemptible the party that will refuse to recognize such a man as a citizen of the country, in whose defense his best days were spent and his blood freely shed. I have the honor to be, Yours Respectfully, F. R. LUBBOCK. The above letter was sustained by papers from Colonels Johnston, Wood and Harrison, of the President’s staff, and the Hon. John H. Reagan, Post- master~General of the Confederate States. James H. Parker of Elbernsville, Pa., writing to the Argus of Portland, Ore., says in speaking of Mr. Davis: When it was know that he was certainly taken, some newspaper correspond~ ent, (I knew his name at the time) fabricated the story about his disguise in an old woman’s dress. I heard the whole matter talked over as a good joke and the officers who knew better never took the trouble to deny it. Perhaps they thought the Confederate President deserved all the contempt that could be put upon him. I thought so, too, only I never would perpetrate a falsehood that by any means would become history. And further, I never would slander a woman who has shown so much devotion as Mrs. Davis has to her husband. No matter how wicked he is or may have been, I defy any person to find a single officer or soldier who was present at the capture of Jefferson Davis who will say upon honor he was disguised in womens’ clothes, or that his wife acted in any way unladylike or undignified on that occasion. I go for trying him for his crimes, and if he is found guilty punish him. But I would not lie about him when the truth will make it bad enough. . .. was-v; c"...— .a «g: 288 FRANCIS RICHARD LUBBOCK T. H. Peabody, a lawyer of St. Louis one of the captors of Mr. Davis, in a speech before Ransom Post, G. A. R., a few days after the death of Mr. Davis, said: “Jefferson Davis was captured by the Fourth Michigan cavalry on the early morning of May IO, 1865, at Irwinsville, in southern Georgia. With him were Mr. Reagan of Texas, his postmaster-general, Capt. Moody of Mississippi, an old neighbor of the Davis family, Governor Lubbock of Texas, Colonels Har- rison and Johnston of his staff, Mrs. Davis and her four children—Maggie, aged 10, Jeff 8, Willie 5, and a girl baby (Winnie), a brother and sister of Mr. Davis, a white and one colored servant-woman, a small force of cavalry, a, few others, a small train of horses, ~mules, wagons and ambulance. Among the horses was a span of carriage horses presented to Mrs. Davis by citizens of Richmond during the heyday of the Confederacy. Also a splendid saddle horse, the pride of the ex-President himself. On the 11th day of May, the next day after the capture, and while on our way back to Macon, as officer of the guard over the distinguished prisoner, I rode by the side of Mr. Reagan, now senator from Texas. I found him a very fine gentleman. During that day’s march a courier from Macon notified us in printed slips of the $100,000 reward offered for Mr. Davis’ capture, which notice connected Mr. Davis with the assassination of President Lincoln. When Reagan read the notice he earnestly protested that Mr. Davis had no connection whatever with the sorrowful affair. History has shown he had none. Besides the suit of men’s clothes worn by Mr. Davis he had on when captured Mrs. Davis’ large waterproof cloak or robe, thrown on over his fine gray suit and a blanket shawl thrown over his head and shoulders. This shawl and robe were finally deposited in the archives of the War depart- ment at Washington by order of Secretary Stanton. The story of the hoopskirt, sun bonnet and calico wrapper has no real exist- ence and was started in the fertile brain of the reporters and in the illustrated papers of the day.” I would say only a few words about his departure from us. I had prayed Providence in His kindness that should I survive my grand, old chief, so dearly loved, that I might have health and strength to pay the last sad duty of respect and love to him. This was granted to me. I was a chosen pall-bearer and followed him to his last resting place. I had been with hir.n on many a journey at home and abroad, in peace and in war, in victory and defeat, while in high positions of state and as disfranchised citizens and the estimate I placed upon the man was in keeping with the princely obsequies made for him by the people of the South. It was a grand sight to behold—the vast throngs that had gathered from all parts of the country to view the remains of the distinguished dead. It seemed as though Providence had brought him to die in the great city of the South, so approachable from every portion of the Union, but gave the most lovely day for the ceremonies. Never has there been gathered so many thousand of mourners at the burial of a mortal man. I do not know how better I can conclude my remarks than to repeat ». ‘2‘» : 35;? ,. a _ .. -< ¢ . WW’AWW“WWA . «Qua—3.... -w. W-.v..‘m._..~_w...._.amaw “wan“... .5." ...._,..,.,,..-“_- .. -, 1:3; _. ., g, ...1.- ......._~._.....,....._ . . . Speech: 1: 106011.32; WAGE? grandma Mersey]: Jeiersonl luryhas‘m ills midis “debate bemggfim lion, 1 $001 ”“31le hands by a connected“ ”“388 will ton “satin all‘ “No: prOGUCfdl HUi deadl ] motif!” “h‘fl on 5L 9411th 37d] htmighw item,” 55's“ Rad, H5, in 1h iflmb,’ 01H childrml FRANCIS RICHARD LUBBOCK 289 what I said at the mass meeting of the Confederate Veterans on the day of the burial: Honorable Commander—What can I add to the beautiful and patriotic speeches that have been made tonight by the distinguished veterans assembled to do honor to the memory of our illustrious Chieftain. I must venture, how- ever, to utter a few words to give relief to my aching heart. Standing in the grand rotunda of the capitol at Austin, Texas, when the news was announced that Jefferson Davis had passed over the river, from the fullness of my heart I said: Jefferson Davis dead! Then the light of the greatest and best man of the cen- tury has been extinguished. Jefferson Davis! the embodiment of patriotism, the true soldier, the intelligent statesman, the ripe scholar, the refined gentleman, and above all the earnest follower of Christ. Sir! it was my good fortune to be most intimately connected with this great and noble man. From this associa- tion, I soon learned to love him for his noble manhood, his devotion to his country, his earnestness in the discharge of the great trusts cemmitted to his hands by a devoted and admiring people, and for his tender care of those connected with him, his suavity to his inferiors in rank, his fair dealings in all things with all men. I took pleasure in being near him and listening to his conversation so full of intelligence, so chaste, so elegant, and there was soul in it all. My comrades, he was a grand man, the greatest, all in all this country has produced. They say he is dead, comrades. He is beyond our sight, but he is not dead. He lives with Lee, Stonewall Jackson and Albert Sydney Johnson and others of our great and pure men. As the distinguished bishop said today, when on the December midnight the born warrior joined the ranks of the patient and prevailing ones, who loved “their land with love for right, if one of the mighty dead gave the challenge, “art thou of us,” he answered: “I am here.” Yes, we all know such as he make up the kingdom of heaven. He is not dead. He lives a higher life above. He is not dead, though we have laid him in the tomb. For he lives in our hearts and he will ever live in the hearts of our children. —-Text of the Texas House Journal, 1891. 11—19 g. , v T k.—>_ , -.... a h... V w“ "v u n -»\ s! TEMPLE H. MCGREGOR (Texas Bar Association) HIS address of 1922, before the Bar Association of Arkansas, " Temple H. McGregor defined the original “Texas idea” or 1835- 36 in nineteen words: “The greatest necessity of Man is Gov- ernment,-—Government which leaves him free to develop his faculties and his functions.” As Santa Anna surrendered to this idea, expressed in action at San Jacinto, it has been since expressed in action to account for the present of T exas,—for the future of which no one who has put such a definition as this into nineteen words can be accused of not doing his part. GREATNESS IN ORATORY (From his Address on “The Trial Lawyer” before the Arkansas Bar Associa- tion, Little Rock, June I, 1922) HE greatest necessity of Man is Government,——Government which leaves him free to develop his faculties and his functions. The purpose of Government is not to confer or enlarge the rights of man, but is to secure and preserve the rights of man. There has always been a conflict between the Government of the people and the people, in that, as the power of the Government has increased, the liberty of the people has decreased. In this conflict, the politician and the so-called statesman have been found on the side of the Government, while every great trial lawyer in the history of the world has been found on the side of human liberty, on the side of the people in this conflict, as between the citizen and his Government. The politician and the statesman have always dealt with freedom and liberty in the abstract and always sought to strengthen the Government, while to the great trial lawyers of the world, the free- dom and liberty of the people has been a living thing, dealt with in the concrete. Out of this struggle between usurpation and tyranny on the one hand and liberty and humanity on the other, has been evolved the sub— stantive law defining rights of the citizen and the procedure which the law gives to secure or to enforce these rights. The right of the citizen to appear by counsel seems to have been 290 'V ‘ ‘ mu‘mtkmv444fim