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^xaa TeehnoXogicaX OoXXogo Auguit, X953 ^a- im
WB QHBSRNATaRIAL CAHBBR OT ABDilBW JACXSON HAMXLTO f
A tHBSIâ ZN HxsToinr
Subnitted to tho Oraduato 9ao\aty of 9ixa8 ffohnoIogioaX CoXXogo in partiaX FUXfiXXmont of tho lloquironoBti f or the Degme of
NASTBR CP AHTS
by BXaye Drennan Andmsa, B, S. i\ Lubboek, Texaa
Auguat, 1955 ACKHOIíLBDQNBNTS
the writer wishoi to expmaa her indebtedneai and i. ainoem appmciation to a niiaber of peopXe vho have cætri- buted to the pmparation of thia paper. To Dr. Bmeat VaXXaoe ahe owei a debt of gmtitude for hia invaXuabXe aa- iiitanoe aa theaia dimctor. Ho waa patient, wiXXing, and mady at aXX tiaei to aaaiat in the organiaation, maearoh, and eormction of the paper. Working with hira waa a pXeaaum and an inapiration. AcknowXedgraenta of gratitude am aXao expmaaed to the foXXowing: to Dr, Seth Shepard McXay for hia iuggoitiona in the eorreetion of the paper; to Niai Narie Agnea Niles of the Offiee of the Dean of the Oraduate School for her soume of good counaelj and to the personnel of the librariea of Ttoaa TfchnoIogieaX CoXXege and the Uhiveraity of Texas for vaXuable aiiiatance in msearch as well as to Nr. Seynour V. Connor and hia aaaiatanti of the Archives, Texaa State Library. The writer is especially indebted to Mre. Bob Parker who has mndemd valuable aid not only as a typist but as a øotirce of guidance. Vithout the aisiitance of these people, the writing of thia thesii would have been inpoøiible. TABL8 QF ommms Fage ACKNOWLBDOMENTS ii Chapter I. BARLY LXFB I XI. CONQRBSSNAK AMD NZLITAR7 OOVERNOR 21 XIX. THB BACXØROUMD 07 THE TBXAS PRQBLBN 47 rV. THB BSTABLISHNENT OF FROVISIONAL OOVBRNMBNT . 63 V. HANXLTOii AND THB CæiVBNTION OF I866 IO8 VX. TKB RBSTORATION QF STATO OOVKRNNENT I40 VXI. LATBR FUBLIC CARBBR I6I BIBLIOGRAFHy I85 OHAFTBR Z
BARLY LZnS OP HANZLTON
Andrew Jaekson HottiXtOB, acm of Jaaea and AhasaiX (BayXoaa) HamiXton, and a deaeendont of the fanoua AMriean atatoman, AXaxander i^MiXtea, waa born in Nadiacm County, AXahaaa, on January aB, X8X5. Very few factø can be found eoBoerBins hia earXy ehiXdhood or hia faaUy at that tiae. He waa aaid to have rraarked to friOBda aany tioea that dur- ing hia atay at hone he had meeived (mXy a rudinentary edu- eatim; that he uæd to pXow ÍB hia father^o fieXd duriBg the day anâ atudy at night by the Xight of a pine knot.^ He did not Xearn Latin or Oreek or any nodem Xanguage exoept hia own aother tongue, whieh he apoke with Saxon pXainneaa.^ Aa a boy he worked in a eounting houae whem he leamed to read and whem he began hia atudy of law."^ Hé aXøo øerved aa an aaaiatant in a eimuit eourt eXerk'ø offiee where, aXong with hia ojqperimoe in the eounting offioe, he acquired an eXegant uae of the pen and a fuXI eonqpmhenaion of law foma.
^Houaton Tfelegrairfx. April 13, 1875- ^Southem InteXXigoneer (Auatin), Auguat 25, X863. ^lXaBaø NaXone (ed.), Dietionary of American Biograøhv (New YorkJ CharXeø Seribner'ø 8ona,™93 S7# Vol. V ll, p.T8$. ii Southem ZnteXXÍjeeneer. Auguøt 25, I863. Atter hia death he wae referred to aa a aeXf«iaaâe aan, weU* r—Ã, and wonéerfuXXy gifted. BegardXeaa of høv or when he reeeived hia edueaUen, aoat peopXe who knew hia reoogniaeâ hia aa a aaB of unumuLX ahiXity and profound Xwnning.^ HaaiXton beeaae poXXtioaXXy kmwB firat in X836 aa the reauXt of hia aupport of H. L. líhite of Ttoneaæe for the preaidOBoy. Tbe nationaX DMoeratio oonvoBtim had noainated Nartin Van BuroB for preaidont, but a fætion br^ froa the party and ran líhite on an indepeBdent tÍoleet« Van Buren had aoknowXedi^ tte right of CoBgreaa to ahoXiah aXavery in the Diatriet of CoXvaSbSA whiXe Mhite had been aupported by the xmXXifiera ÍB the Southem atatea. Zn hia poXitieaX debut, thereforet HaaiXton waa XabeXed aa pro«aXavery.^ Zn X84X at the age of twenty«aix, HaaiXton waa ad« aitted to the bar in TaXXadega, AXabaaa.^ Hia firat profea* aicmaX aaaoeiatiim waa with Judge D* Bowen, a typioaX gentXe« aan of the Southem ariatooræy. TWo yeara Xater HaBd.Xton raarried the Jtidge'ø daughter, Nary Jane, a young Xady who had growB into woaanhood in a hoae that waø eoXored with Q XegaX Xore and, perhapa, a bit of poIiticaX aquabbXe. Aa the
^Houaton TiXegraph. ApriX X4, 1875. 6 Soutfaem IntelIigencerB Auguat 25, I865. 7 'BiQgraphiQal Dictionary of tíie Anerican Congreøø (Waahingt^s U. S. oovemaent Fza!ntlng orrice, I920;, p.l05X. 8 # Annie Doon FiekreXI, Fioneer Wonen in Texaø (Auøtin: Oîie B. L. Steek Conpany, i929), P. 375. wife of a huaband who wæ ever XoyaX to hia eonviotiona, ahe dlapXayed outatanding ahiXity to eope with aXX aituatimia, hewever diaagræabXe. She wu a taXX, sXender Xady who heXd heræXf flraXy eræt yet aoved with græe and poiæ. She had Xong daxic hair that enphMiæd a radiant fæot aparkXing dartc ^a that ære ever aXert^ and a eapabXe, gontXe tongue that wæ ready to voioe any needed advieo or oneouragMeBt. She aXæya dreaæd mXX, preferriBg fine aateriaXa to øhowy dia« pXay. Thoui^ very reærved in nattire, ahe had aueh tæt, and her regittin in the heoe waa a harøy one, notwithatanding troiihXeæM tiMO. She noror apun, wove, or did any aanuaX Xahor, but aaBaged her aXavea and houæhoXd with firnneaa and wiadon. She gave birth to eight ohiXdreB, aix of whon reæhed æturity. With the heXp of her huaband, øhe øaw to it that aXX the ehiXdren ære proporXy eared for and weXX edueatod. I^a. W. W. NiXXa, a daughter, reeaXXed in Xater Xife how øone of the ehiXdren at one tiM had gone to a æXeet æhooX tau^t by the faaoua noveXiøt, AMlia Barr. Ihere they were taught reading, hiatory, geography, and the folk- Xore of nationa. Other reainiøeenceø reeaXXed happy houra apent in the hOM where the entire faaiXy took part in daneea or gaæa. Whether it waø in a Xog houae or a aanaion, with or without her huaband's preaenee and adviee, Nary Jane Haa- iXtcm aaintained a hoM that both her fanily and frienda were proud of.^ Therefore, æ after yeara proved, it wæ evident that MaaiXtm, the proniaing young Xawyer, had gained by hia aarriage in X843 a bækground of weaXth æ weXX as of aoeiaX gracea fron whieh hiø fut\u*e faaiXy wouXd benefit. . HeniXton wæ a young aan of naturaX gæiua and aabi* ti
^iearl C. Jækæn, Tgxa^ Qoymw^'Jl^JAuBtln: The E. L. Steck Company, 1915;, PP* 55-59; Fickrell, 0£. cit., PP. 375-3ÔO. ^^Jaæa T. DeShieXda, They Sat in High Flacoi (San Antonio: The Maylor Coapany, 1940), p. 229I ^^Zbid.; Southem Zntelligenoer, August 25, X865. Writera diaagree æ to the year HiaiXton and hia fam-
ÍXy moved to TÉXM but aoat XikeXy it waa in X846/^ The Joomey wæ aade in a new barouehe drawn by two fine horsea. The barouche wæ the noat eXegant four-whæXed earriage of the day, having a driver*a arat in tvoxit and two øeata behind it that tumed in Most historians usad 1846 as the date. Annie D, FiekreXI listed 1843 and Fearl C. Jækson gave 1849. Sinee aXX agree that HamiXton waa admitted to the bar in l84l, max^ ried in X843, and moved to Texas with his wife and two ehil- dren, 1846 is Mst probably correct. ^3pickrell, 0£. cit., pp. 375-376. 6 young Xawyer, láto Xater beeaM a IMlimist leader in Texæ. Zn X853 HsniXton bought a two-httndred-acre fam known as the oXd Webb pXaee and noved to it. Zt was one and one«haXf aÍXea southeæt of the preænt capitoX. The house, a aanaion Xoeated in a stateXy grove of Xive oaks, beeaM l^ eenter for aany aæiaX aetivitiea. ^e roof was gabXed and a Xarge gaXXery extenilted aeross the entire tvont of the tmxno* Just behind the gaXXery were two huge rooM opening into eæh other, and bæk of theae was the twenty-five foot sqtmm din- ing room where aany Mrry feæta were heXd. On either side of the qpening into the dining rooa were two winga where the bedroonø were, SoXid bXinds with Xoop holes fumiahed an opening for firing at Indians in caæ of raids. As wæ cus- tonary in thoae days, the kitehen wæ SOM distanee fron the houae. Thia hOM beeaM a popuXar rei leavous, not onXy for l4 the famiXy but for friends and poXiticaX associates æ weXX. The perioã fron the tiM Hamilton moved to Auatin un- til Texæ Joined the Confederaey was the happiest the faaily evor knew. Aa '^ vackæn, 0£. cit., pp. 55-59. ^^'Md. Mary Jane apent aany eveninga in aoeiaX gatheringa both at hOM and away, while the ohiXdren were eared for by Henry and 9æheX. AB æeouBt iø glven of a baXX that they attended, whieh ia l^fploaX of the entertainMnt they enjoyed. The baXX wæ heXd in the oapitoX, a atmeture buUt of Xogø with pun* eheon fXoora. The danee pr^p?eaæd hi^piXy with Jaek æ the "out*^** of the erewd, doing atunta and daneing fanoy atepa. SuddenXy aonecme ahøuted, *'Zndiana.*' The smaie atirøed and the Mn grabbed their piatoXa fron their hip poeketa and gave fire. ZB a few ainutea the ZndiaBa were gone and the danee proeeeded fhr into the night. C^ January X3, X850, HamiXton wæ appointed attomey* generaX by Oovemor F. H. BeXX. iîe wæ to ærve untiX an eXeetion, aet for the firat Mcmâay in Auguat, eouXd be heXd.^'i^ HeaiXt -^^Fiekrell, 02,. cit., pp. 375-376. i7 Executive Recordø, Register Book 238, MSS in Ar* chives, Texas State ULbrary, Austin, p. 162. ^^lffiJBæ State Oagette, (Auøtin), April 13, 1850. 8 A. M. Lewiø, Brenhan; and a Mr. Yerger.^ îhe oampalgn was a qoiet one. Boldi the T^stjæ State Oaaette of ApriX 13 and the DoUaa HeraXd of Auguat X3 predieted a vietory for HaniXton. The finaX count gave AUen a totaX of 5,489 votea conpared to 20 BiniXt 1850. 2Q Texaa AXaanac (OaXveston: The BeXo FubXiøhing Co., X86X), p. ^Í3* ^^Ttocæ State Qazette. JuXy 19, X85X. ^^xae Hougc JoumaX. 4th Leg., Bxtra Sess., I853, p. 86. ^^Zbid.. 4th Leg., Reg. Sess., 1853, p. 317. Zbid.. 4th Leg., Bxtra Seæ., X853« P. 197. 25 Zbid. alæ msponaibXe for securing higher øaXaries for JudieiaX offieera of thm state. Zn a eonaittee report, he deeXared that the o^iæt of the state govemnent in pswiding for the payMBt of her Judieiary of f ieera ahouXd not be to æeiire the ehei^at but the abXeat Juriata to dispense Juatiee to her eltlmmm, and the onXy way to æeure the beøt taXentø of the s6 oountry wæ to inoreaæ the aaXariea of sueh offieers. FrotbabXy the noat outetandir^ reeognitim whieh Han- iXton reæived during his XegiaXative tem wæ for an addreas he aade in conMmoration of OeneraX Bdward BurXeøon, who had pææd away after having been a senator fron the TWenty-first Diatriet. OoBeraX BurXea ^Zbid.. p. 113. ^Texas Houae Joumal. 4th Leg., Bxtra Sess., X853, P. 311. xo coBventioB ræogniæd the prinelpXæ in the Virginia and Kez^ tueky BeaoXutlona of X798 æ proMBting a true expoaiUon of the eonaUtuUonaX rltfite of the atatea and of the generaX govemnent under the federaX eonpæt, and that *tli«y are •quaXXy oppoÊmú to eonæXidation, æoeæion and diatmion.*' The emvenUcm aXæ peUtimed that Saa mnBtm^B naæ be auhmitted æ a eandidate for the preaidoBoy. HøaUton^ø name bæaM Xintod with the fim Nothing Farty durlng X854 and X655, a eonneoUm idiieh aarked the be- ginning of a Xong and Xæting period of eriUeiæ for hia. The Khow MothÍBg Farty had æeret aætiags^ øwore aeaberø to særæy^ and when ækoâ inforætion on poXitieaX iaauea MreXy deeXared tíiat ther did not know. Gn taking the oath, a aonber swore that he muXú vote onXy for AMriean bom eitiMBa who were "in favor of AMrieans ruXing AMriea." He aXæ aære Utíkt he wouXd oppoæ aXX RcMiian CathoXie and foreign iaaigra- 29 tion. The InteXXigencer deeXared HaaiXt B. W. WinkXer, FXatforxag and Polltical Parties in Texæ (Auatin: Dhivemity of i^xæ, I9lt>;, pp. 4^-51. 29 Texas State Oazette. July 11, X855. 30 Southem IntelXigencer, August 25, X865. XI during the first part of June, at whieh tiM he denouneed the seeret orgæization æ an enesiy to denæræy.^ Oti June 23, at a Moting of the Tcmvis County DæoeratSi HaaiXton*s reaolution that the Deaoerats of Fayette and Baatrop counties be æked to Mot with those of Travis in a ccmventicm at Baa- trop on Jhly 4 to noninate a suitable eandidate to repreænt the fXoating diøtriet in the next legielature waø adopted. MMiXton wæ æXeeted aa cme of the five delegates to rei»*e- 32 aent Traviø €iounty. Alæ at ^is næting resoluti^s ecm« denning the Khow Itol^ings were prepared. Høailton, who was eaXXed upcm for a øpæeh after others had alrædy spoken for two houra, wæ successful in holding the interest of the au* dienee for æveral ære niBUtea æ he spoke in his own peeu- liar style of wit and irony.^^ For thie and sinilar blows he stmek at the Xhow Nothing Farty, espeeially after having bæn a aeaber, he reeeived "abuse little less bitter than the S.c..sionl.t« h..p«, upon hi. d.votea h..d.-3* Haailton eontinued to be aetive in the DeMcratie Motinga of the year. Zn Noveaber he attended a barbecue held at Austin to eelebrate the Deaoeratic vietory over the Rhow Nothings ai^ to organize thoroughly and prepfiire for the ^^SS2â& SUte Oæette, June 23, I855. 32 Ibld.» June 30, 1855- 33 Zbid. ^Southem Intelligencer, Auguat 25, I865. 12 canpalgn of X856.^^ HsaiXton was æleeted æ a deXegate to the atate eonvention whieh wae eaXXed to næt in Auatin diir- ing the third wæk in Jtouary, 1856.^ The øtate convention, whieh ecmvoned cm January X5 and adjoumed on January X9# adopted reæXutima whieh de- nouneed æeret poXitieaX organizationø, lauded the Kanaæ- Mebmaka Aet, and objected to itø repealj and inøtmeted itø deXegatea to st^^rt no one who did not approve the non-in- terventicm poXiey of the Kánsas-Nebræka Act. Kamilton was named by the convention æ one of the presidential eleetom.^ Zn the presidential eaapaign that followed during the year, Hiailtcm made a few apæehes for the JSMS F. Buchanan tieket. On cme occtasion he debated John ZrelaruS who campaigned for MiIXard FiXXmore, the neainæ of the Know Nothing Farty. The editor deelared that Hamilton shcmld have canpaigned the 38 entire state becauae he was a great speaker. Hamilton was a delegate to the Demoeratie stato con- vention whieh Mt in Waco, May 4 thrcnigh Itey 6, 1857« The purpoae of this Moting was to select candidates for the state offiees. Becauæ nominaticms were to be made for the offices of govemor, lieutenant govex^nor, and comnissioner of the 35 Winkler, 0£, cit., p. 64, ^lbld- ^"'^Jbid., p. 65. 38 Southem Intelligencer, líovember 12, I856. 13 geæraX Xand «fflM, the eonvention wæ wU attendød. Hsa- Uton ærved m tho Gonnittæ on FXatfom and HeæXuUcma. ftm eonnlttæ MOOXutiOM eiiâ>odied eaæntiaUy the pXatfonB adopted hif the MationaX Denoeratie Convention when it Mt ÍB OiMiBBaU iB JhMt X856«"^ Zn other wordø, HBaiXtm Bppjpovoú the Kæsæ^^Mehfmaka Aet æ weXX aø thi» Cooi roniæ of XS50. OiMraX San Houatæ, then Ohited Statea øenator, had voted agaitiot tSm Xhnaæ-Nebræka Aet in X854. After the eonvention of X857 ted noninated H« R« RunæXø for govemor, Houøton aBnouBoed hia eandidæy on an indepenâoBt tieket. Hsailton auFP^rtod RanneXa, the Drøaoeratie i minæ, who won the eXec- 40 tion by aXaæt nine thousand voteø. Høailtcm was a deXegate again to the next atate Deao^ oratie ooBvenUon iMeh Mt on Jæuary 8, 1858, at Auøtin. The OineinnaU pXatfom was again approved and a Southem ecmvæticm wæ stiggeøted. Franciø R. Lubboek later deelared that thia wæ the æeting where t^ ''gx*eat Deaoeratic church" opened itø doorø to the baeksliding Know-Nothings who repented and reaXigned themælves with the party. Hamiltcm favored thia aeticm. Znnedlately after the x^esoluUon was adopted. HamiXton wæ aMng the group to seek speoiaX 'moumers' to bring them back before the stand for clrøiency. 41 3^inkler, op. eit.. pp. 71-74. ^Vraneis R. Lubboek, Six Decades in Texæ or Memoirs. ed. by C. W« Redines (Auatini Ben c. Jones and Co.,n^inters, 1900), p. 47X. ^^MáL*' pp- 233-234. 14 Froa 1853 to 1859 Haailton practieed law æ a profeø- sion without entering the eleetive races. However, on Decem- ber 9, I856, he was urged by mæbers of the bar to pemit his nsM to be used as a candidate to fill the vacaney in the SuproM Court eaused by the death of Judge A. S. Lipscomb. Haailton deelined the offer on Deeeid^er 11 and suggested O.M. Roberts instead. The Bar hcmored the suggestion imMdiateXy, thereby showing its eonfidenee not only in HaaiIton*s legal abUi^ but also in the soundness of his politieal adviee. jip His reeord of eourt cases as reported by the newspapers was outstanding. Qne case that was highly publieized concemed a Negro naaed "Cuff," the property of a Mr. Owen Hardman. Ciiff wæ eonvieted of arson, of buming a gin in Hays County. The penaXty was deathi Qeneral opinion in the eounty con- deaned the Negro, and Hardaan eonsidered the testimony as con- clusive. The presiding Judge, unconvinced of the Negro*8 guilt, gave the man a new trial, and requested Hamilton to assist in the defense. Hamilton*3 speech to the Jury was deseribed as rarely equaled and never surpassed. Cviff was 43 acquitted, Zn 1858 Hamilton was the defending attomey for John Taney on trial for murder. Taney was acquitted after Kamilton 42 n /- Southem XnteXXigencer, December 17# 1856. 43 Prank Brown, Annals of Tmvis County and the City of Austin, Archives, Texas Sta'EF Library, Austin, ltí55-ltJt>f>, m. xviii; p. 67. w åsmm.MÊ2ãigmÊí BMUton'a apæeh æ *'mm nf hia aæt eXoqumt and powerfuX. "** ftm ^agMjato dæXared Xater that HsaUtOB'a aueæsø at the har «æ enÍMBt, partieuXarXy in orininaX eaæa beæuæ he 4s rareXy ever Xwt. '^ At the beginning of X859 HenUtOB wæ regarded æ a græt låmww and a XoyaX Denoerat. But the Dæoemtie Farl^ íwæ apUttihg into atate ri#ita næ æd Hhioniata. Ttm fuea- ticm of terrltc riaX aXavery wæ the wedge that had bæn grad^ uaXXy æparating the two faeUoBø. The Texæ DoMeratie Farty had oMtenâed fw a non-interventim pc»Xiey; at the æxt atate ooiiventiæ, whioh wæ heXd at Houaton in Mior, X859# the Deæ- erata adopted a reæXution dæXarizig that territoriaX Xegia- Xaturea had no right to exeXude aXavery fron a territory. Other reøoXuUona enâc»ræd the CineinnaU and Wæo pXatfonsø M mXX æ the Dred Soott deeiaicm. The eonvoBtion aXæ voted in favor of the Cuba acqiaaiUon. NoninaUona were aade for the atate offieea. 46 The CcmgreaaionaX Convention for the Weøtem Diøtriet 47 Mt when the atate eonvention adjoumed. In a letter dated Møy 10, ex-Øovemor B. M. Feaæ deelared that the ncninationa Southem Intelligencer^ July 7, 1858. _Houston Telegraph. Aprll 3, 1875. ká Winkler, e£. oit.. pp. 77-80. 47 'Lubboek, Memoirø. pp. 244-245. X6 nade by the omventim ære unaeeeptabXe to many poopXo. Aa a reauXt, other eandidateø announeed on an independæt Ueket. Moat pfToninent aMng theøe were San Houaton for govemor and HaniXtcm for COBgress fron the Weøtem Diøtriet in oppæition to the oonvention ncadlnæs, M. R, RunneXø and T. M. WauX, v^ 48 apætiveXy.^ Houøton announeed hia pXatfom æidoraing the ConaUtution of the llnited Stateø, proniaing aUegiaBce to the í3hion, and doBOimoing the rii^t of æeeæion. Haailton was a s\^i^rter of Houaton's views. He proniæd to do his best to uphoXd thB nationaX deMomey and the Union and to 4Q fil^t øeeeaaion. ^ The ræe for Congress was hætc»d and bitter. The San Antonio Texan referred to iânBiXton æ the "eXiqæ eandi- 50 date, idiereæ the Southem Intelligencer supported hia. A eorreapGNndent froa LXano voiced the aentiMnt of the Weat when he wrote that, ^The Xcmg wished for hæ COM at Xæt and HaaiXtcm ia out for Congress and wiXX be in the next session. '^ The moat sevem attaek upcm Haailton was the eriticisa of his having deærted the party to line up as an Independent. In defenae, tl-åO Southem IhtelXigeneer declared that he ran as 48 TS^^POmi, op. clt., Ch. XIX, p. 16. 49 Southem Intelllgencer. May 25, l859; Brown, 0£. cit.. P. 33. 50 San Antonio Texan, Msy 28, 1859; Southem Intelligen-» 51 Southern Ii telllgencer. Msy 25, 1859. 17 an Zndependent DMoemt and that he would '^defend the NáUonal Denoemey and oppose æetionaX isaues and ultm purposes."52 Franeis R. Itítibook, an old Xine Demoemt, aany yeam Xater said that HaalXtrø»s entranee into th& mee aroused no fear on the part of the mguXar DMæratat HaaUtosi had been a iu«oninent Denoemt up to this tiM. He wæ a man of abUit^ and a powerfuX debater, and his defeetion at thia Juætum i»*oved a gmat gain to the Zndependenta. StiXX the Deâtoemcy had no feam for VauX, irtio had ever pmved an able ehan|>ion for the party.53^ HsnUton and WauX were good friends, and althou^ thmy condueted Joint cwmp9LXsn» ehameterized by acrimonicms debate, the bond of pemonaX friendship was not bmken.^ An ineident was toXd ecmoeming a debate at Wæ^erford, Farker Ooimt^. HsaiXton had pmpared a long list of his eustonary Jokes to be uæd on the oceæion. Waul spoke fimt, and Ham- ilton was very nnieh stu^prised to hear his own Jokes being told by his oppcment. Waul had stolen the jokes. Although we have no reeord of Hanilton's ræetion at the stu*prise, it is pm- Bumed that he imMdiately i»*epared a quiek mbuttal fron his pemonaX mservoir of aneedotes. It was said that he later mprimnded his opponent by saying> 'Vaul, you played me a roean triek. . . . I»ll swear Z'd as soon steal a man's ^^lbid., May 11, 1859. 53 lîubboek, Menoirsj p. 245. ^Noraan 0. Kittmll, qovc *nors yho Have Been and Other FubXic Men of Texas (Hoxiston: i5ealy- igln Compeny, i52iT,~pprTrprff. 18 ohiXdmn æ hiø aneetetea.*'^ An anoøing apæiMn of eaapaign litemtum appeared in the IhteUigeneer of J^y 20 tdiieh added huær to the mce. At tâie begiming of the cnn^ign øtory them was a rough pie- tum of the state træaury buiXding, under i^eh read, "This is t^ hooæ the state buiXt.** IMerruiath this pietum was a dmwing of a saaXXer buiXding whieh was labeled $10,000,000. The eaptim beXow mad, 'This is Um malt that Xay in the houae that the state built.'' (The mfemnee waø to the prcH* eeeds of the Méw Mexieo territory sale to the Uhited States govemMBt.} Ihen folXowed hworous epitaphs of the eandi- dates for tho state offices. The insez*iption for Waiil readi Thia iø the (Tandidate eovemd with scom, that flattemd the Yankee by aXX fomwom, that wedded the Maiden alX f^Xom, that eoaxed the BuIX with the crumpled hom, that ro ored with the Dc^ that barked at the (#at, that eaugjht the Rat, that ate the Malt that lay in the House the atate buiXt. Ma^oh of the nouna mpmænted a candidalie. The satiric dog- geml on HaniXton foXlowed: ^s iø the Coek that erowed in the mm, and gave fits to the Candidate eovered with scom, that flattemd the Tankee by aXl forswom, that wedded the Maiden all forlom, that eoaxed the Bull with the crumpled hom, that roamd with the DcNS, that barked at the Cat, that eaught the Rat^ that ate the Wslt that lay in the House the state b\iilt.5o Their Joint canvaa c^arried them tx> mast of t;he county seats and to the large towns In the Westem District. Their mmmmmmmmm'mmimmmmmmmmmmmmmmmmim >i n—«—ii M mi-i i • nu w—»•—MW>» n . IIIIÍ>»-<»«WM»-«»»MMIM«Í»M»M.MWÍ»»«———»——^———^— 5«Bmwn , o£. cit.. Ch, XIV, pp. 31-32. 19 debates wem apoken of aa inteUeetual encountem by tæ briX- Xiant intelXeots. HfeaUtcm esM neamr Moting his Mteh in Waul than in any other aan that had damd to oppæe hia.^ HamiXton was vietoriouø, hMever, mæiving X6,840 voteø eoa- 58 pared to 15,583 for WauX. HMiIton»o vietory inaugumted a new em In hie life, ohamcteriæd by troubles and confXiets. His obituaries in the TeXegmph deæribed it as the beginning of the downfall of a truXy great aan.-''' It was truXy a critieal tiM for any aan in the South who loved hiø state with a fervent zeaX yet feXt that XoyaXty to tho lÃiion was ita only mfe-guard. When Hsnilton mtmvoú Ccmgmss, æctional aniaositios had maehed the point whem Mst tmn alXowed oMUonaXiøa mther than mtionaXlsa to contml their actionø. Hlnton R. Helper had published in 1857 his Itoending Crisls in the South and How to Meét Zt, whieh was an eccmoaic ax^siUMnt against slavery. Jc^ Brown had been exeeuted on Deeember 2, I859, for his raid on Harper'i Ferry. Both of theæ faetom intenaifled the blttemeæ betwæn the North and the South, Folitieal partiea wem already pXanning for the X860 pmsidential eXeetion. Themfom, Hamilton wlth views unacceptable to his Southem eoXXeagues faced a difficuXt task as a new congmssaan. A jPb|id- 58 Tgxas Alaanae. I861, p. 215. ^^Houston T^Iegmph. April 13, 1875. 20 cormspondent of the Téxas Republiean deelared on Noveaber X3 that Hamiltx^n, idio was leaving for the Federal eapital on Nov^nber X8, was a man of Hx^ced ability but that his views on jpolitics wem not øizlted to a mpmæntative of a Scmthem atate. 60 Quoted by Luk4M>ek, ££« eit., p. 256. CHAFTER ZZ CONORBSSNAN AND MZLZTART OOVBRNOR The Houøe of Repmøentatives of the Thirty-sixth National Ccmgmas eanvened on Deceaiber 5, 1859. Them wem 237 aenhem and 5 Territorial delegates, the delegates having no votes. The Mabem consisted of 109 Republicana, 101 DOM- omts (13 being the anti-Leeo^pt;on group), 26 AMricans (Khow- Nothings), and 1 Whig. he organiætion pmceeded very slowly as the Mabers had difficulty deciding on a Speaker. Most of the tiM was spent with debates conceming Helper*s Impending Crisis. Nany of the candidates for Speaker had signed their appmvaX of the book and others were thoroui^ily investigated conceming t;heir attitude toward it. Hamilton's name was pmsented for the fimt tiM on the twenty-third ballot, which 2 was taken on December 28. It did not appear again until the twenty-seventh ballot, taken on January 5« at which tiM he 3 meeived only one vote. On January 7* John 0. Davis, an anti- Lecompton Democmt called on all Democmts to vot^e for the Congmsslonal Qlobe (Washington: Congmssional Qlobe OfflceT Itífeô), 36th C!ong., Ist Sess., Vol. 29, Pt. 2, pp. X-2. 2 Ibid., p. 274. ^Zbld., p. 348. 21 22 NationaX Deaæmt, A. J. Haailton of Téxæ. Hls plæ was fairXy suceessful, for when the next ballot, the twenty-ninth, wæ taken, KnUXton meeived 89 votes eoi^pamd to X03 for John Sheraan, RepubXiean fvosL Ohio, who had poXXed alMst a Mjority fron the beginning of the baXIoting.^ The large vote given Haailton and the diøpooition evineed by the AMrieanø and Deaocmtø of all shades of opinion to coneentmte on hia eaused considemble excitoMnt in the RepubXiean ranks. They began an aetive eanvass to bæst Sheraan's lead to a æjority. HáaiIton*s support gmdually deolined on the successive ballots, and on January 26, in an effort to proMte hamony, HaaUton withdmw hii naæ. In a short but forceful speeeh he pleaded unæXfiahXy for organization: If we are to eXeet a speaker, it can not be done by pmænting a aan whose views am in atriet eonforaity with the views of each and all of us. Is it not enough that you can get a man who loves and mvems the Consti- tution and the Coimtry; who is detemined to Mintain the Constitution, and to msist those who msist its teaohings and those who have been eharged with diømgax^ of itø obligationø. Zf this is not enough, let us at once despair of eleoting a speaker of our side, and dls- mpt the QovemMnt by pmventing organiætion by the election of a gentleman of the other iide.^ Finally, on February 1, on the forty-fourth ballot, William Fenningtcm of New Jemey was elected, having mceived hie fimt vote on the thlrty-eighth ballot. Hamilton, however, *md., P. 373. 5 Dallaa Hemld, January 25, 1860. 6 Congmsslonal Qlobe. 36th Cong., Ist Sess., Vol. 29, Ft. I, p. 003. 23 did not support his nonination.^ Haailton was an ætive aæber of the Thirty-sixtíi Congmss. He served as a Mmber of the Committæ of Fifteen whieh investigated the possibility of constmeting a milroad to ecmneet the Nississippi Valley with the Facifie.^ Ihe m- port of the connittæ meonMnded that milroads and other iBtemal iaprovoMnts should be undertaken solely by eorpom- ticma, thoug^ the gc»vemMnt shcnad provide aid by græts of Xand and amey, Zt aXso favomd a eentral route.^ Hamilton pXeaded for a Xine through Texæ, insisting it wouXd heXp <|uiet the seeeaøion talk and proMte the naticmal intemøt by æeouraging tmde between the øtateø, and the nationø to the 10 South. ^ The Zhtelligencer pmiøed Hánilton for his efforts mXative to the miXmad bill and expmaæd gmtifieation XX with his pr^p?eøø. Suecess did not COM, however, æ the biXX v;æ never acted upon. Soon after the House was organized, Hamilton received a Xetter fron Oovemor Houstcm dated Namh 171 giving hia de» tails about the fmntier and aeking Hamilton to exert an ef- fort to get Fedeml aid. He had called for volunteers to mmmmmmmmmmmm.mmmmmmmmimmÊmmmmmmmmmimmmimmmimmmÊmÊmmimmmmmmmmmmmmÊmammmmmmmmmmmmmmmmmmimmm ii i i —»——— i——M».^-» 7 Ibid.. p. 650. Zbid.. p. 1086. ^Houao Reports. 36th Cong., Ist Sess., No. 428. ^^lbid. Southem Intelligencer. January 23, I861. 24 pmteet the frcmtier and he hoped that Hsailton aight be in- struMntal in having them mcognized as FedemX troops.^^ On ApriX 18 Hsailton pmænted the frontier question, æking that a voluntær regiMnt be plaeed under the Dhited States* contml. The nembem dld not seem to see any urgency for aetion. Msny feXt that it was the Zndians imo wem being aiatmated. ^ HaaiXton ærved cm the SeXeet Committæ of Thirty- thræ to when wæ mfexred aueh of Fmsident Buehanan*s Mssage of Deeember 3 that mlated to the perilotiø eondiUon of the eeuntry. Buehanan had declamd that diøeontent pmvailed so extensively that the IMion was thmatened with destmetion, I4 that hostUe geogmphieal pax*ties had bæn foræd, Hámilton gave the ainox»ity mport of the committee, whioh held that them was no valid evidenee of the existenee of hostile secmt organizations. The ainority mport also favored the Critteiv den Flan whieh pmposed to prohibit slavery above the 36 30* line, and denied the right of Congress to abolish slavery in plaees xmder its Cfwn Jurisdietion or in the Distriet of Coltxm- bia, as long as it existed in the adjacent st^ates of Virginia <—<«—• « I ..mmmmmm>mÊmmmmmmmmmmm-.mmmmmmmmmtmimÊmmmmmmmmmÊmÊmmmmmmmmmmÊmmmtmmmmmmmtmmmtmmmmmtmmmmmmÊmmmmmmm.mmmmmmm i i i i ————»——» 12 Sam Houston, Writings of Sam Houston, ed. by AMlia W. WiXIiaM and Bugene C Bar er"TAæFlrr: UnTversity of Texas Fmaø, 1941), Vol. VIZ, pp. 526-527. 13 Congmøsional QXobe. 36th Cong., Ist Sess., Vol. 29, ^^lbid., 2r.d Sess., Vol. 30# PP. 626-653. 25 and MaryXand.^S MønUtcm introdueed æveraX biXXa pertainiBg to T^xas, nnng whieh wem mXief for ehiXdmB of wæ veterana, emction of eourt houses at Auatin and TjXev, estabXiahMnt of a aaiX route froa Auatin to BX Faæ, and deveXopMnt of a port of entry at Swanam^ø Landing on the watem of Red River. Hiø Mot notabXe apæeh in the Houæ imbabXy waø hia State of îfriicm addmss deXivemd February X, I86I. He wæ very eandid cm every point, and when he had finiahed, he left his congms- sional eoXXeagues in no dcmbt eæeeming his beliefs. He desoribed the Conatitutlon as having eræted a fuXX and ccn- pXete govemmnt but one limited in power, leaving to the øtates everything not embmeed in itø own grant of power. He argued that aXX righte cmated by the adopticm of the Conøti- tutlon wem affimatively contained in the inatruMnt, either in expmas or generaX teræ. The ri£^t of seceesion, if it existed at alX, was a msex*ved right. Only those rights in exist^ence befom the formatlon of the Constitution could be mserved, The right of secessicm could not have been a m- served x^ght becatise them had been no constituted govemMnt befom the Constitution was adopted fron which a state could secedo. Themfom, he masoned that no constitutional or legaX right of secession existed at all. m^tmmmÊimmmmmmtmmm'mimmmÊÊmmÊmmÊmmÊmtimmmm-'mmÊmmm mmmi immmÊmmmmmmmmmmÊmmmÊÊmmmmmmmmmmÊÊtmmmmmmmÊmm mmammmmmmmmmmmÊmÊmmmmmmmimmmmmmmmmmmmimmmmmÊmmmmmmmÊamm^ ^Houøe Reports. 36th Cong., 2nd Sess., No. 3I. 16 CoiiÃmaalOíial Qlobe, 36th Cong., Ist Sess., Vol. 29. p. X364; Vol. 30, p. 477: 26 HaniXton dæXared that the rirfit of mvoXuticm ex- iated but wæ ramXy a XegaX riaíit, that it wæ XeøU enXy when ^pmasion existed. He then Xaid the møponøibUity of detemining the XegaXlty upon the li JividuaX with thia wam- ing: Thoee who engage in revoXuticm øhouXd aXwayø rearønâ^er that they am mapoBiibXe not cmXy to Ood, but to the enXightened puhXie opinicm of the worXd. . . .They take upon thOMeXvea to eatabXi^ a better govexment ttum that whieh they aeek to deetroy—one whieh wUX better æeum the rightø and æm aumXy eonf er hamí^ineaø upon the peopXe. Let those who am thia day engaged in the awfuX tmgedy of tearing up this græt QovemMnt, pon- oer well their chaiices of Moting theæ msponsibUitieø, and, faÍXing that, Xet thea øtiXX ponder Mm profoundXy the anawem they wiXX nake to a auffering peopXe. HaaUtcm reoognized aany grievaBceø of the South but inaisted thej couXci be ætUed in the tlni^. He feXt that the mguXation of aXavery in territorieø øhould be deeided by the pæpXe of the møpective territorieø. Aø to øXavery in the atates, he oppoæd national interfemnoe exeept upon agreeMnt of all etatea. In eXoøing Huailtcm expmssed his love for the Uhion in this beautiful eulogy: But in a few days pæt, Mr. Spealcer, the noble teaple of AMX*iean liberty stood compiete in all ita parta. . . And Its voXtax?les were gathered about the altar, worahip- ping, as t;heir w^t, with hopeful hearts. . . .The storm hæ eome and still rages; the t;eaplo still stands, but øhom of ito fair pmportlons and aarred in its beauty. FiXXar after piXXar hæ faXlen away. . . Tet there am womhippem about the shrine, and I am eacmg thea.^7 17 CongmsslonaX OXobe. 36th Cong., 2nd Sess., Vol. 30, Ft. 2, Appendix, pp. 174-j 27 BMUtcm*s addmas drew both eriUeiaa and praiæ. Frank Brown, in hia Aromlø of Tmviø County. ceniended hia for hiø manlineaa and boldneøo, but adaitted that he waø throwing feathem againøt the wind, that the current of eventa eouXd xiot be ttimed any more than the peopXe in Noah'a day eottXd have øtayed the rising watem. The Qalveøtcm Newø aeeuæd Háailtoa of being an Miaaary of Uncoln or of the Blæk MepubXiean flirty. Zt æid hiø øpeæh was ^'æ Blæk Mepublioan in ehameter and prineipXe as ever wæ uttemd by LÍx ^oXn, or even by Chase or Oiddings. "^^ The pmaidential eleetion of 1860 was held between æssions of Ccmgmos. The fimt session had been filled with vioXent diæuaøioxis and fomefuX debates cm the øXavery qvea- tim. The mdiæXø cm one side would have eenapXeteXy aboilshed the ixmtitution, whemæ those on the other extmM advocated opening the Afrieam slave trade. As one writer says, "Both wem so thorougltXy possessed by their one contmlling idea that they gave no thou^t to other considerations, though of 20 far mom iapox*tance to the welfam of the country." The antagoninB between the two extmme gmups in O^ngmss had its effect cm the people in Texas. In the Demo- emtie state convention of April, I860, the delegates adopted mælutions deelarixig that Texas had the right to withdmw 8Brown, Annals of Tmvls County and the Clty of Aus- tin. XXZ^^. 21. 2^^alvesto0 n News——-^. April 4, 186I. D. Q. Wooten, A Comprehonsive History of Texæ (Dallaøi Williaa Q. Scarrf,^9B7, Vol. I, p: TT. 28 from the Tlhion and to møUM her pXæe øMng the powem of the earth æ a øovemign and independent natim; that æither COB- gmæ nor a territoriaX Xegislatum had t^ power to ii^pair the right of a eitizen to tate his pmperty, ixieXuding øXaveø, into the eennon temitory; axid that Coi^p?«æ ahcmXd paaø any næeæax*y Xaw to enøum the pmtæticm ar»S pmærvaticm of aueh a rii^t. Zt then nanod deXegateø to the xiaUoxua eon- vonticm øeheduXed to Mot in CharXeøton, South C^amXina, on 21 April 22. HÉaUton, who waø then in (kmgmøø, diøagmed with the pXatfom adopted by the øtate ecmventicm. He beXieved that the øtuite had no right to øæede. The queetion of øXavery in the territu)x^es wæ mpidXy becoming the issue of the day ai^ Hsailton wæ taking an aetive pax*t in the disciia^ sions arisiiig in Ccmgmaø. The Deaoemtø at CSiarXeaton faiXed to agræ on a pXat- ff^. A diviøion in the party developed when Senator Stei^n A. DougXas of IlXinois, leader of the Northem Deaæmta, ad- voæted his theory of popular ævemignty in the territories. Aa a msult of the diviaim them wem four caxuSidates for pmsldents the Northem DoMcmts noninated Douglasj the Southem Denoemts ælected John C. Bmekenridge of Kentucky; the Republieanø chose Abrahan Llncoln of Illinois; and the ConstitutionaX Dhion pax^ty, Southem slave-holders who wem 22 againøt øeeeøøion, noninated John Bell of Tenneøæe. ^^Wlnkler, PlatforM gf Folitieal Partieø in Texaø. pp. 80-84o Lubbock, MeMirs. pp. 267-^^:4. 29 Omat intemst wæ nanifested in the mee. Hhe pmai- dentiaX eXeetom for Bmekenridge and for BeU nade a thorough eanvæa of Texas. ^ jie ntat^^ ^^^ solidXy against Uncoln. HaaUton took an ætive part in addmssing the peopXe in be- haXf of the Union and of the DougXaa eXeetoraX Ueket. SOM of the VnXon Xeadem stia^Mid for BeU. When newa of LÍBeoln*s elæticm mached Texæ, aai^ elUea iaMdiateXy hoiated the Lone Star flag instead of the Stam and Stripea.^^ A Mjority of the peopXe of Téxas m- garded LixieoXn*8 eleeti —*1»W lllll 1»—i>1—»—<»»WMW»—I I II llll DaXXæ Hemld, March 27, 186I. 29 Ijbid., AprU 17, 1861. 31 eo^poæd of thme ''subsU.saion'* counties. Zt then added that the ttoee ccnmties wem entitled to the^honor of aueh a ehoiee aø m portim of Ttaæ wouXd be envious,^^ he San ^tonio HeraXd wæ very eriUeaX of HsaUton'a vietory. Zt deeXared that he was a fine Btm p apealær, ad- aired for his omtory and wit, but that æ a politioiæ, he eould be truated by no one. Zt aeeuæd hia of being a gmat favorite of the "BXaek RepubUeæ Farty." The editor, with possibXy æ mueh hope æ saxwsm, wmte that HtaUton aight tum another sc»nemault and COM ri£^t side up inasnueh as he had been at øome tÍM on alaæt every side of every issue and a aeaber of every party. Be deelamd that æither Texæ nor any of the other Cmfedemte atates 'had any xieed for poli- \X tieiana of Mr. HáaiXtm*s atripe. The Oalveston News ex- presæd a similar øentiMnt when it decXared iteaUtcm an agent of Lineoln and an advoeate of the Blaek RepubXleana. HaaUton did nc»t ærve æ senator, On Nareh 11, 1861, the XegiaXatum exiact;ed a meæum mciuiring state offieem to tsake the oath of aXlegiance to the Ccmfedemcy. HsaiXton couXd not take the oath because he believed that the 'C^onøti- tution was the græt arbiter ai J palladium of AMrican llierty, and that alX wrongs eould be adjusted by it and settled within ^^lbid.s A|»PiX 24, 1861. 31 Zbid. 32 QaXveston News. Api^I 4, l86l. 32 the tTnioxi. ''^ He had dexaed the right of æceaaion whUe in Congmæ. Thouf^ he nay have ''tumed scMrøauXta" at tiMi, he did not wavcr in his devoticm to the Uhien. After HaaiXton had refuæd to take the oath of aUe- gianee to the Coxifedemey, hia noM diæppeared froa the news for a tiM. Zt wæ Xeamed Xater that durixig the ræainder of X86l, he was a ænher of a eenpany of lM.cm men eaXXed "hom guards** that driXXed in a briek buUdixig in Auøtin in t^e manual of arms until a short tiM after Ft. Suater waa 34 asæulted.^ TJ. S. Conaul L. Fieme, Jr., in a repox^ to SecretBxy of State, W. H. Seward, on May 5, 1862, stated that a strong Ohicm Flurty, headed by Bx-8æator HamUton had been orgæized at Austin and wouXd pmbabXy msist aXX at- taiqpta of the *'mbeXs*' to subdue then.^ Zn JuXy, Brigadier OexieraX R. F. Bee of the Confedemte arny repoz*ted to head- quai*tem that he had mceived ixifc naation that Hsailton and ^other tmltwa" wem unquesUonabXy in ams against the goverxaient ax ! had a fome estiMted from oxie hundmd t;o five hundmd mn; that these tmitom wem Mving their faailies and property into motmtain diatriets, oft^en earrying pmperty 33 JaMS D. I^ch, ^e Bench and B&^ of Texas (St. Louis: Nixcm-Jones Frinting Co., lt5í55J, p* 107. ^A. W. Termll, The City of Austin fron 1839 to I865," Southwestem Historieal Quarterly. Vol. XIV (1911), p. 113. 35 Offieial Records, War of Rebellion (Wæhingtcm: OovemMnt Frlnting ôffice, ISB'o'^Tí^Ol;, Ser, 1, Vol. IX, p. 685. 33 that belonged to the Loyal" citizens; and that they had even mærted to aurder of oxie or two well-known seeession eitizens. Aø a msult of sueh ixifomiaticm, Bee said that he had ordered æoutixig agents to seek out the Ønicmists and have them take the aUegianee oath on pexiaXty of beijrîg tmated as traitom. The faailies axid pmperty were to be bmught baek. Opon mceiving word that the aray was out to eaptum hia, HamiXton soui^t mfuge in a cave hidden in the aountaix» near Austin whem he lived on herbs and berries for aany days. During the tiM, he suffemd a bmken leg and had to go with^* out water and MdieaX aid for SOM tiM.^ Five tiMS his at* teapt to eseape wæ defeated. Finally, he reached the Qulf Coæt and found safety on shipboard. ''The last thing I æw," Haailton said later in mlaUng the experience, "on looking back from the schooner's deek to the meedixig shoms of Texæ, was the littXe launch full of arMd men who had failed to 38 cateh M.^* Haailton Mde his way to MataMms, whem on Septeaber 9 ^ boarded the AMrican brigantine 21. Berry bound for New Orleans. This boat, whieh had bæn captumd by the United States brigantine Bohlo, was carrying a cargo of hides and a number of Texas mfugees. While on his way to ^lbid., Ser. 1, Vol. XLIII, pp.''^^^-^^^. 37 "^ Fickmll, 0£. cit., p. 378. 38 Henry R. 0*RieIly, The Rebellion Against DeMcmey: Its Causes and Consequences, ' Origin enú Objects of the Slave- holders * Conapiracy Agalnst peaocratic FrlnciplesT^w York: Baker and Qodwln, FX-ntQm, Itíb2;, p. l5T 34 New Orleans, Haailton deeXamd that a SMII fome with suffi- eient supplies to am those in Texas who wem friendly to the Union eould soon drive the mbels fmm the state.^ Haailton Mde his way to Wæhington City and was soon aaklng an appeal for arms and soldiem to mtum to Téxas. He declamd that them wem five hundmd MIO mfugees fæt- ixig in the mountains of Mexieo, hunted like wolves, who would bXeed, die for, and mdeem their country if they æm orgaxiised 40 and arMd. fíomce Qmeley, editor of the New York Tribune. wmte an article praising Hsailton for his stand and pleading hls cause. "Let them have arM and amuniUon, axid the nueleus of an army, and they will fit its ranks and Joyfully coopemte in cruahixig out their oppmssom, mstoring their State to 41 fmedon and the Union." Qmeley urged the people to hear HaaUton speak. He said that Hamilton had been mamd a slaveholder and probably would have died the saæ but for the mbellion; that if sXavery wem extinguished, the mbelXion would be a fim without fuel; and t^hat HsmiXton was a ehaa- pion of the poliey which says, 'Let slavery die so that the ,42 mpubllc may live. mmmmmmmmmmmmm—mmmimmmÊmmmmmmmmmmmmmmmÊmmmmÊmmmmmtmmÊmm. II-Í^«»».II»Í»«ÍMMMW»«I««»»«»»»IM»»»»«-»»««»M»M^»Í«»»«»«Í««»««^MM——i i 39 Official Becords of the Union ax 3 Confederate Navies in the War 'o^ ihé j^eBel Iori (Washington: Oovernment Pr.intln~OTrTce7^985),' S^^ I> Vol. XIX, p. 265. ^"^O'RlelIy, op. cit., p. 8. mm ^m mt^mmtmÊm 41 Ibid., p, 15. 42 Zbld. 35 Hamilton was Invited to addmss "frlends of the Iftilon*' while in the Nox^, On October 2, 1862, he spoke to an en^u- siætie audience at the Aeadæy of Musie in Brooklyn on the subject of mbelllon, giving the Mtives and masoxiings that led the "politieaX adventums*' of the South into atteapted mvolutlon. Be declamd that the people's ainds had bæn pois his speeeh and praised him as a loyal Unionist, The TÍMS said t;hat Hiailton was one of the most eazmest prophets the South had given to the l^on, that he had trodden the wine> pmss of rebel hate, and that he bom the Mrks of the vassa- 44 lage sought to be imposed upon him. Hsailton Mde a second speeeh on Ckîtober 4, at the Hall of Cooper Institute in New York. He declamd that the South would never be bmught back into the Union by mconcil- iation, t;hat the war would have to be put down by bayonets, 4R powder and ball, bmve hearts and stmng arms. -^ On November 18, I862, Hamilton was conmissioned brig- adier geneml and military govemor of Texas. His appointMnt ^3ibid., p. 5. ^New York Tlmes, October 4, I862. ^^O'Rielly, 0£. clt., pp. 8-9. 36 authorized hia to mise and muster into service two mgiMnts of Texas volunteers to be orgaxiized under his command; to ap- point and cofflnission pmvisionally the line and staff offieem of the mgiænts, and to Mke his mports to the war depart- 46 Mnt. Aa ailitary governor, he was authorized to mestablish the authority of t*ie Federal govemMnt in Tbxæ and to prO" vide Mans for aaintaiiang peace and securlty to the loyal pæple untll a civil govemMnt ccmld be established. Secm- tary of War E. M. Stanton bespoke mueh confidence in Haailt^ by alXcywixig him considemble fmedwa in thc performance of his new duties: It Is not deoMd neeessary to give any specific instmc- tion, but mther to confide in your sound discmtion to adopt aueh Masures as cimuMtances may demand. Speci- fie instmetions will be given when mquested. You aay mly upon the perfect confidence and full support of the DepartMnt in the perforaance of your duties.^ Stanton inforMd Major N. F. Banks of the appointMnt and instmcted hla to aid Haailton in hls work and to detail a military fome to act as the govemor*s guard. He then added that the Pmsident expected a cordial cooperation be- tween the two. 48 Banks imMdiately ordemd Colonel Isæc S. Burmll to Qalveston, telling him of Hamilton*8 appointMnt as military govemor. He declai*ed, however, that Bun?ell was 46 ^ Official Records. War of Rebellion, Ser. III, Vol, IZ, p. 782*: 47 'lbid. ^lbid., p. 783. 37 to receive his orders from the war department. " Qeneral J. B. Magruder, new Confederate commander for the district including Texas, arrived in Houston during the last of November, 1862. On December 1 he informed the adjutant and inspector general of the Confederate armies that Oeneml Banks had sailed from New York for Texas with reinforce- 50 ments. Magmder determined to recapture Galveston, which had been taken by the Pederal armies during October. Meanwhile, in New Orleans, Hamilton had est;ablished headquarters for his mllitary government in Texas. On January 1, 1863, the Confed- erates were successful in an engagement with t;he Federal army and navy, including the i^inforcements from New York, and re- occupied Galveston. The report of the Pederal disaster was made to Qeneral Banks by W. L. Burt of Hamilton's staff on January 3, 1863.^ Banks, in Mking his official report to the secretary of war, blamed Hamilton with the loss. After his appointment, Hamilton and his men had sailed from New York with Banks. During the passage, Banks said he extended no special courtesies to Hamilton, but treated him as an officer and friend. It was only when they had reached New Orleans that he disclosed their destination, at which time Hamilton became impatient at delay. "His impatience and the violence ^^ibid., Ser. I, Vol. XV, pp. 201-202. ^^lbld., p. 884. 5^Ibld., p. 111. 3B of thoøe about hia, *^ deeXamd fianka, "Xéd M aooær to ænd n detæhnæt ©f tro^ to OaXveøtim than Z ahouXd othemiæ ham doxie aad ia the innediate eauæ of the ØHXX Xæø the amy bêM aætained.**^ l^ Banlm, fttrthæMm, mported that HaaUton wæ not a bad nan, but that he ms wæk in deeision and force of ohame ter; that he ma aiuTOuxided by dismputable æn who wem eri- tieaX of both ^ fl^ernMnt and hinælf and wem them for the baMOt Mmenary purpoøea; ax»l that Hbnilten had adnit^ ted that the cmmticmabXe eharætem exerted aoM infXænee on hia beeauæ of ''pæuniary advaneea nade hin whiXe in the Morth. ^ Banka otqphMiæd hiø diotruat in mther dimet Xan- Z deaim it to be undemtood by the govemMnt that any mpreæntation Mde \^ thæ to the goverxMnt or the peê^e wiXX be, at leæt, only a parUaX øtatoMnt of the tmth, if they be not entimXy faXæ. The øtrcmgest govemMnt in the world wouXd bmak down under øueh a ayaten of pXimder æ they deaim to organlæ. Zf the moXe øtate wem for the Uhion, they wouXd tum againat the røierxiMnt if the purpoøes of sueh Mn wem toXer- atedP-^ The mauXt of Baxik*s mport was a mply, dated Jan- uary Xd, fron OenemX H« W. Halleok, geneml-in<-ehief, whioh aaid that the øæmtary of war had declared that (leneral Haa. xjL^cm'iltcm'ss ec»aus8i.oeonmisaion æ governogovemor orf TsxThxæ wouxwoulda boe mvmvoked.o ^ mmmmmmmmmmmmmmmmiimÊÊmmmmmmmmmmmmmmmmmÊammmmmmm ii i iiii m i I—Í.»,W.M< i >i—ii.—i»i——.—«§»—.•«•—i—i 52^rieial Reeords. War of Rebellion, Ser. I,Vol . .^ .«J.*»*ÍIPW»—*"—* immmmmmmmimmmmimma^ MidKaM OTM. MiaownMiBMiiiMw^ Mr ' XV, pp. 20C?-Í2(il. ^""-1., p. 656. 39 During the next six months very little æoM to have been meorded coneeming HamiXton's activitiea. On Jhly 28, 1863, Haailton wmte a letter fron New York to Fmsident Lixieoln, defexidlng the rights of the Negroes and indoming the emaxioipation pmelaMtlon. He expmssed deep concem for thelr welfam and suggested that they would need the help of the Fedeml govemMnt. Z shall be glad, if living, to see this CtovernMnt ex- tend a stmng and genemus hand to assist them, If we will, tcMlay, take cam of the mbellion and its cause, as against dOMstic and fomign foes, the queøtion of the futum of the negro will take cam of itøelf .55 While Hamilton was in the North, he was asked to speak at a patriotic Meting at Faneuil Hall in Boston, His speech, which was long but eloquent, bmught applause and team. He declamd that the people in Texas wem at heart with the govemment of the United States but that Mny were Mde to believe that they or their neighbors had been greatly wrcmged. Hé defended the Pmsident in hls efforts to bring peace to the nation. As ccnmander-ln-chief, he said, Lincoln had the power to dispose of slavery as pmperty of the public enemy, to suppmss rebellion, and to cairy on war to perpetu- ate its own existence.^ Kamilton remarked t;hat many in t;he audience expected him to say he was not an abolitionist. Qn the contmry, he ^^Mlcmfilm collectlon of Lincoln Papers, University of Texas Libmry, Austin. Documents and Spoeches During the Civil War Feriod in Texas (Boston: T. R. Marvin ét Son, I863), p. kUT' 40 wanted then to undemtand that he was against aXavery because it Xed to deapotiøn, becauøe it had been a despot over hin and he did xiot want it over hiø ohildmn. He then enuMmted a nvusher of øpeeific reæons why he hated the syøten: I hate it.* Z hate it becauøe it attmcked fme govem- Mnt; Z hate it beeauæ it would not be at peæe with fræ white MB; Z hate it beeause it was Jealouø of the gmat deMøtie body of thiø fræ people; Z hate it, to- night, Mm than all, becauøe them am thoøe who , in its intemøt, øxieer at ^oæ who labor axid am perfom- ing the hii^øt beheøt of their Crætor; becauøe in the eweat of their faee they eat their daily bmad. Becauøe it wouXd xiot toXemte fme speech on ay part; because it wouXd not leave M at peaee with my friends of a lifo. tiM; beeauøe it denied M the right to live at hoM; beeauæ it exilcrd M fren ay wife and childmn; becauøe it mveXed in the blood of ny xieighbom; becauøe it hæ butehered fathem axid huøbaxidø. . .and driven out wiveø axid childmn to the storM of winter; and applied the tomh to their h^Ms,—becauøe of theæ thingø I ought to hata it, Z wiU fight againøt it while Qod giveø me Xife.57 Both the Boit;on DaiXy Advertiser and Eveninff Transcript praiaed HaaiXton*8 addmss æ one that eleetrified his aud- 58 ience with the tmth.*^ Hamilton*s Boston addmss and his letter to Fmsident Lincoln, both of which expmssed devotion and loyalty to the Fmaident and to the Jnlteô States govemment, may have been ixistrwaental in his obtalning mappointMnt as ailltary gover- nor, The intemessory letter to the pmsident, dated August X4, 1863, froa Oovemor J. A. QllTOm, of New Hsapshlm, prob- ably played an iaportant peu*t, Qilmom recomMnded that an- IIIWI I I .111 • I I I I^W,ii»WII I I I II II I »1 II II, 111 •• • I I »11 ^^Zbid. SSlSSSS. P*^^y Advortiøer, Aprll 18, I863; Eveninf^ Tmnaeript (^øtonj, April 20, I863. 41 other effort be aade to mXieve the Dhicm citizexia of T^xaø by the ræppointMnt of OeneraX HiaUtcm æ brigadier genemX and aUitary govemor, enâ that the organization and departum of a aUitary fome auffieient to pXæe the state conpletely under aUitary contmX be ax^ranged. He deelared that Høail- tcm*ø øufferingø and ærviee for the Union oause had pmved that he was the pemon Texæ needed.^ Xn a letter to OexiemX Banks, dated Septæber 19, Xã63, LineoXn deelamd that he believed Haailton to be a aan ef worth and abiXity, one who by hiø aequaintanee in Texæ eould æaræXy fail to be effieient in minaugumting the 60 nationaX authority. The Xetter was pmænted by Banks to HaaiXton on Oetober 13, and a eordial mlation between the two men wæ estabXiahed. Banka told Hanilton that he was pmparing for an iaMdiate departum for the Rio Qrande, hav- ixig aXmady bæn deXayed for severaX dayø becauøe of a violent øtom. He ixiforMd Hamilton of hiø plana and adviøed hin to mMin in New OrXeaxiø until adviøed of Fedeml oeeupation of 61 BrowBøviXXe. WhiXe HáaiXtcm was waiting in New Orleanø to hær fron the Bank*e expedition, he eaployed himælf in øupplying 59 Official Records, War of Rebellion, Ser. Z, Vol. xxvz, p. 6su: 60 , Amher H. Shaw, The Lincoln Encyclopedia (New York: Macnillan Cenpany, 1950), p. 140. 61 Official Records. War of Rebellion^ Ser. I, Vol. xxvz, p. S^. ^ 42 tbe næda of the mfugeæ fmn Ttaæ, even with hlB own pri- vato ræouræa. Through thia neana he obtaixied valuabXe in« fomation oonoeming the real eondiUcmø ia Tixæ and the toæ 62 aad ænt^iMBtø of the peopXe. Aa aoon æ he wæ noUfied of Banka* øueceæ at Browxia- viXXe, HæiUton Xeft New OrXeanø and Mt Bankø at Araxiuø Faøø OB Moveaiber 25. Beeauæ of ixieXenent wæther axid poor eon- nMieaUon fæUitiea them, Banka adviæd Bnailton to øet up hæâciuartem at BrownaviIIe. Aeeepting the adviee» he aailed for BrownaviXXe on the AlabaM on Novenber 26. Befom øaiX- ing Hanilton meeived an offieiaX Xetter fron the "mbeX*' offieem aaying that hia føniXy had been granted pemiæion to rraove to l^rowxiavUXe. Thua, HæUton left Araxiøæ Faøø Xeamed fron mfugæ ae^piaintanæa that hiø fanUy wæ øtill 64 at bMO, æking in vain for pemiæion to Xeave. On Deeeaiber X, HaaiXton arrived in BrowxiøviXIe, whem he fmmd hundmdø of deøtitute Tsxæ mfugæø. Zn a letter, dated Deeeaber X9# to Seemtary of War Stant ^^. pp. 865^. ^Zbid., p. 832. ^lbid., p. 866. 43 æm given aid from voluntary contributiona of a few gexier- oua wen., He æid that he had found opportunity to sexid MS- aages to his friende in æny portions of T^xæ and that he was pmparixig an addmss to the people of the entim state. He felt that he would not have serious difficulty in intm- duelng throughout the state any connunlcations he wished to aake. He also stated that æcording to the ixifc»rMtiOB he had meeived, he wæ sum that the peopXe of Texæ wem ex- pectlxjg to be conquemd. SeameXy had Haailton set up headquartem when a elæh over au^ority occurmd betwæn hia and MaJor.-Qeneml N. J. T. Daxia. Dana was the first to send in a cee^laint to the chief-of-staff, Brigadier Oexieral Charles F. Stone. He aaked for an official delineation of his authority. He held that iixiee the eountry wæ under ærtial law, he had the Buppeme eesmxid. He cited instanees whem both he axid the govemor wem working on the SSM cases. The Mjor confliet betæen Dana axid Haailton occiu^md over the aurder of Ciaptain W. W. MontgCMry near Brownsville in Mamh, 1863, Haailton held a witness to the aurder until an affidavit, eabmcing the Mterial faets, was dmwn up. He then asked the governor of the state of Tæaulipæ to ex- tmdit;e Dick Haailton, the accuaed murdemr. When the ^ bid., pp. 865-866. ^lbid., p, 842. 44 Meaæd ma doUæmd, MaaiXton pmpoæd to tum hia over to Dana for trlal, dæXaring the eaæ a proper aubjoet for triaX Iqr either a eiviX or niXitaiy tribunaX.*^ Dana ænt MÉaiXten*ø I eonnunieatian and a perøMaX Xetter to the ohief-of-ataff, de- nandlBg a deeXamUon on the aixbjeet of ættority and æoæiBg the goveraor of unneæaaary iBterfemBce.^ Sæmtary of State W. B. Semrd ænt word to Banka tbat he ahouXd infom Bfl^Xton that øueh intemouræ æ nuat BææaariXy ariæ out of the war with the inøurgætø in Texæ or with ttom govemaent of Mexiæ, or with any Maxioaxiø, ahould be earried on l^ Saxiki alone. He aXøo authoriøed Banka to aæpend HaniXtoBfa eonniæion if at any tiM the pia>Xio in- temat shouXd mquim a auapension.^ Ih a eonnunioation with Btanton M Deeenber 26, Bankø deeXamd that hiø mXation with Haniltcm wæ enUmXy ætia- faet&ory axid that he feXt certain that they ccmld diøeharge 70 their dutiea without any \mpleæant møultø. The Fedeml troops decided not to invade Tbxæ fron the Scnith but Inatead, by way of the Red Hiver. About Deeen- ber, X863, as the tmopø wem beixig evacuated, Hanilton Mved hia headquarterø to New Orleaxia. Hem, on January 1, 1864, M>MM|M.Ma«M»MWMW«IWMI.«M>MM«WI>W»M>»««IMIi»MMW>»»»»»»»ill m\ II ««»•—«———«.«I I lil—».—-11 I III—J——^^——•.«—»—ii——l,^B,—„,,l^ ^"^Zbid., p. 857. Ibid., p. 856, ^Official Recorda. Warcf Rebellion, Ser. I, Vol, XXVZ, p. 855: "• 70 Zbld., p. 902. 45 he Mde an addmøø to the pec>ple of Texaa, urging then to abandon the Confedez^y befom they brought doen axid deatmc- tiwi upon thenælvea and up THE BACROROUND OP røS ÍBKXAS FRQBLEM "Oeneml Haailtm has arrived in Qalvestonl" was the cry that spmad over Texæ during the last week in July, 1865. The people had æticipated this newa for seveml weoks. It æant mjoicing for SOM, mgmt for many, and apathy for othem. To all, however, it Mant that perhaps Téxas ai^t soon be mstomd to her rightful place aæxig the states of the llaion. Zt wæ an enthusiætic crowd, Mstly Uxiionists, who gathemd in Qalveston to WOICOM Haailton h(»De.^ Had all the people of Texas appmciated Haailton*s mtum as auch as did those, perhaps Mny of the triala and tmubles that Tbxas was to uxidergo would have been avoided. Had Haailton been able to fomsee the gmat nusiber of pmbleras facing the pm- visional governMnt, he aight not have so eagerly sought the appointMnt as govemor. The plan of mconstmction for the South had been outlined for many months pmvious to Haailton's appointMnt. In fact, Fmsident Abraham Lincoln and Mmbers of Congmss ^Qalveston News. July 26, 1865; Flakes Daily Bulletin (Qalveston;, Juiy 22, ltJ65. "~ • 47 48 had diseussed the question sinee the onset of the war.^ Lineoln's plan froa the begixining had been to pmserve the Union by defeating the South and then by mstorlng the in- habitants of the mconstmcted areas æ eitizens of the Uhited States. ûn Deceaber 8, I863, Uncoln issued a proelaMtion setting forth a plan for a pemanent mconstmetion. He pm- posed by the use of his pardonixig power to cmate a loyal eleetorate which would proceed to morganize the state, sub- Jeet to eertain conditions, The people, exeept the Confeder- ate leadem, would becoM loyal citizens by taking the oath of allegiance to the IMited States and by acceptixig the laws and pmelaMtions reøpeeting ølavery. When 10 per cent of the nunber that had voted in I860 had taken the oath, the state wcmld be qualified to proceed with the reorganization of its govemaent. The setting up of the new state govem- Mnt would involve thme steps: fimt, the election of dele- gates to a eonstitutional convention; second, the adoption of a new constitution; and third, the election of state and 3 Fbdeml officers under the new constitution. As the war dmw toward a close, there was no doubt that Lincoln had plaxixied a peace even mom lenient than that pmvided for in his proclaMtion, Just a few hours befom his death, he ap- pealed to his cabinet to treat the people of the South as îir. L. Fleming, The Sequel of Appomatoxj A Chronicle of the Reunion of the StSnSBs (New Haven: Yale Uhrversitv " TmBsT 1921), PPT W^. ^ 3jaMS D. Richardson, A Compilation of the Messages and Fapera of t;he Pmsidents (Tfew York: B reau of Natlonal rTEeratum" îndTrt, 1904), Vol. IV, pp. 213-215. 49 fellow eitiaena.^ Viee-Fmsident Axidmw Johnson took the oath of office for the pmaideney a few hours after LineoIn*s death. His fimt maction after beeoaing pmsident waa to swear vexigeanee againat the "tmitom^ ' "aeeeaaioniats,' and ariatoemtø, ' but æ hiø fury waø øubdued by the enoraity of hiø møponøi- bilitieø, he malized the Mritø of LineoIn*ø plan of mccm- øtruetion axid adopted it in general aø hiø own. He mvealed hiø pmgraa in a prooXaMtion on May 29, X865, in whieh he outXined the øaM pXan æ Lineoln'ø exeept that he enitted the "10 per eent eXauae^ axui added to the "excepted elææø" all pemonø who had taxable pmperty valued at $20,000 or 6 Mm, Jc^aon continued his mconstmetion work by issuixig a aecoxid pmeXaMtion, aløo on Nay 29, whieh pmvided for the aetting up of a proviaional govemMnt for North Camlixia. Thla plæ, whieh waa Xater uæd for the other unmconstructed statea, includixig Texæ, pmvided for the appointMnt of a pmvisional govemor whose duty was to øet up a øtate govem- Mnt by appointixig offieem to øerve until a duly elected goverxu&ent could øtart funetioning. He wæ also mspoxisible for the m-establishMnt of the nomal opemtions of the eourt as far æ possible. Finally he was to arraxige for the 4 Flofliixig, Sequel of AppoMtoxj p. 68. 5 Ibid., p. 12. '^Richardson, op. eit.. pp. 310-312. 50 holding of a eonvention, the objeet of whieh wæ to nake the ehanges xiæeøsary in the ecmøtituUon to eoxifom with the new eonditioxiø impoøed by the Fedeml governMnt. Speeifi- eaUy it wæ to do thræ thingø: fimt, it nuøt nuXXify the aet of æeeaaion; øæcmd, it nuøt deeXam øXavery fomver aboXished and fix the civiX statuø of the Negm; and third, it had to mpudiate the atate debt eontmcted in øupport of war. The deoiøioxui of the convention wem to be eubnitted to the peopXe for mtlfieation, after whieh an eleetion would be heXd to ehooæ a eonøtitutional govemor, legiølatum, and other øtate offiærø. When the xiewly-eleeted legiølatum eonvened, it muet mtify the thirteenth øMxidMnt to the Fed- eraX coxiøtitaition. Havixig eonpIet;ed theæ mquiræienta the øtate would then be møtomd to full neabex*øhip in the Uxiion. While the pmviøioxial goverxiMnt was in the process of m- orgaxiization, the Fedeml tmopø wem dimoted to ald and asøiot the pmviøional gc»vemor in carryixig the proclaMtion into effeet, being cautioxied not to hinder or diøecmrage in axiy way the loyal people fron organizing the new atate govem- Mnt. Znøtmetions wem given to the eecmtaries of state, tmæury, interior, and navy aa well as to the postMster geæml, dimeting then to put into fome such mgulations pex*tainixig to their departMnts as wem xiecessary to aid in the morganiætion within the state.' The plans of Lincoln ^lbld., pp. 312-314. 51 and JetoaoB, known æ pmøidoBtiaX meonatrueticm, wem baøed upon an undemtaxiding of the Southem pæpXe æ æXl æ upon the Southem ocmditimB and pmbabXy wouXd have bæn øuceeøø- fuX if the mdieaX eXoMnt in Wæhixigtcm had not interferred. Zt haø been æid of HaniXton that he was a nan that 8 ^fied eritieim and spurxied oppoøition. Ferhapa that wæ the maøon he wæ abXe to ovemoM nany of the obøtaeXeø that he faeed æ he øet to work to earry out hiø æøigxiænt aø pro- viøiæaX govemor, a tæk whieh he nuat have aeeepted æ a ohaUcmge. OeæmX F. H. Sheridan, eoanander of the NUitary Diviaicm of the Southweøt, had deeXared befom the break«^p that a whoXeøOM otate of affaim in Texæ did xiot exiøt and ox*demd that OaXveøton i^ouXd be æeupied ae øoon æ pæøible boeauae the ''Oovemor and aXX the peopXe genemUy' wem dia- poæd to be ugXy. 9 Zt iø not kxiown Juøt what he had mfemnce to in thiø diøpateh to Qexieml Oordon Oranger, the newly aøaigned c^Mander of alX fomeø in the state, whose duty wæ to estabXish order and aaaiat the govemor in aetting up a pmviaioxiaX govexmMnt. Further msiataxice to FederaX author- ity wæ not contemplated. Itevertheless, the dlsposition of the peopXe was abnorMl, the maction of whieh caused an imwholesc»M state of affairs axid pmsented many pmbloM to be solved by the new governMnt. Û DeShieldø, They Sat in Hish Flacos, p, 26o, ^Officia9 l Recordø. War of Rebellion, Sev. 1, Vol. XLVZII , Ft. l , p. tWl. 52 Hanilton had aXX typeø of perænaXitiea axid opixiicma to deaX with. Them weve the unmconøt»*uctabIe mbela who would not ateit defeat. ûne writer deelared that Texæ had never bæn whipped in apirit but Juat found in bad eeeq;Mmy. He æid that the pmpoøiticm wæ æriouaXy Mde and entertaixied after Læ'a øurmxider that Texæ eouXd earry on the war her- 10 æXf. FeopXe of that ært wouXd have bæn hætiXe to any pXan of meonotmetion or any peiræn given t^ møpmiibility of earrying out aueh a plan. Them wem the radiealø, both loymXiata axid aeeeaaimiøtø, i^o deøired to buiid up a poli- tieaX Mohixie in ovúev to kæp theMeXveø in pewer. Them was the nUitary, often intemøted onXy in æXf gain axid wiUixig to take pmfit out of a øad aituation. Then t;hem wem thæe who had grown weary of the hopeXeas eauøe axid wem axixioua to aee the øtate take her rightful plaee aæng the øtateø of the l^on. Othem, Mm nonehalæt, wem of the opinion that ''Z have fought a good fight, been diipped, axid now Z autmit and øay *the United Stateø govemMnt iø good exiough for M, axid hemafter, Z am æ good a Uxiion man aø the 12 oeøt. I"' Thomas North. Five Years in Texae (Cincinnatl: Kln Stmet Frinting Co., 1071771). loi. C. R. Wharton, Texas Uhder Nany Flags (Chicago: The National Historical Soeiety, Inc.7^930;, Vol. II, p. 131. 12 North, o£. eit.. p. 102. 53 Though the peopXe of Texæ had øuffered Xeøø than thoæ c»f other øeetionø of the Scmth during the war, diøloca- ticm of Xife aMng then had been øevem. Texaxia had ruøhed into the ocmfXiot to øueh an extent that Mm of thea had feught under the Stam and Bam than fron any other state in the Coxifedemey exæpt Virgixiia.^ OffieiaX meords show that aXnæt two thouænCI Texax^ had been eximUed in the Federal 14 amy. Oovemor Fmneis R. Lubboek had eøtiMted in X863 that xio Mm than 27,000 æn between the ageø of sixtæn and .ixt, rmmln^ in the staf and that 68.500 had ...n ..rvic.^S Beøides dmixiixig the øt»ite of nanpower, Texas had eontx*ibuted an enorMus c|uota of nilitary ai^Iies and pmvisions for the amieø of the South æ æll as æveml nillion dollars to the Ccmfedemte govorxment. AII of this had been given with a fuXX neæum of ccmrage axid devoticm, axid peopXe had eoopemted ÍB suøtaixiixig the Ckmfedemcy by submitting to every law and order pæøed by the govemMnt. Bj the end of 1864, however, a ohange in attitude had been noticeable. ^e Coxifederate cauæ had a\iffemd mveræs while subordinating everything to the task of æmly postponixig defeat. Bven Oovemor Fendleton Murrah had been mpmsantative of the chaxige of sentiMnt as nanifested by his constamt contmvemy with the Confedemte 13 Owen F. White, tPexaa. An Ixiformal Biogmiphy (New York: 0. F. PutnaM Sons, 19^5), p. 1^0. l'Wrtan. 2E.cit.. pp. 96^. ^Lubbæk, Memolm. p. 471. 54 l6 governMnt. The people had begun to feel that them was uxmecessary usurpation of the 8tate*s powers as well as vio- lations of the rights of the ixaîividuals. With the finances of both the state and ixidividuals approaehing baxikruptey, and the hardøhipø inemæing on both the people at heM and the soldiem, pluø lailitary mvemes beixig suffemd daUy by the Coxifedemey, the diapæition of the people had becoM degmded, and a condiUcm of diaorder and confuaion had ensued . Con- fedemte soldiem had disbanded without orders, ccmfiscating sueh publie pmperty as they could earxy. ' Maxiy soldiers who had once been loyal and upright had adopted the rule of every man for hiMolf. Considemble quantitios of military stoms and other pmperty abandoned by the Confedemte authoritiea had been plundered or carried away by peræxis who elaÍMd to 18 be cmditom of the state or Coxifedemte govemMnt. Wild xniMrs had spmad over Texas that no Mmy would be shown to those who had taken part in the affaim of the state or the Coxifedemey. SOM pmphesied that pmperty would be confis- oat^d, civil rights would be withdmwn, axid the accused would be fomed to live under the mle of the Yankees. ^ Coxisequently, ^^L. J. Wortham, A His tory of Texas (Ft. Worthî Worth- am, Nolyneau Company, 1927), Vol. vTlp. 3^2. ^"^Official Records, War of Rebellion, Ser. 1, Vol. XLVIII, p. I5ÔB. "^^D. Appletcm, The American Annual Cyclopaedla and Important Events in the Year 16b4 (New York: D. Appleton íc Co!T 1H70), Vol. 17,— W7 C. W. RsMdell, Reconstruction in Texas (New York: Columbia University-Longmans, Oreen and Co., 1910), p. 39, 55 nax^ peopXe had beeoM paxiie atrieken and had nade a wiXd nuih for fræden aemøs the bc»rder into Mexieo. Aneng the hundmdø in thiø exoduø wæ Qovemor Nurrah axid other high offieiaXa of the øtate, timvehy Xæving Ttxaø without a civil 20 goverrawnt. After tîhe øurrexider of Qeneml Klrby snith æd befom the arrival of the nilitary fome uxider Oemral Obnmger, "a græt deaX of anamhy prevaUed in Itexaø."^^ Hiøugh theæ thingø Imi^ned befom Haniltmi'ø arrival, the møultø of meh pmænted pmbXoH and conditienø of øtate that Mde hia taøk wore diffieuXt. The Mrale of the pecipXe waø Xow, thB finaxieial øtatua of the øtate wæ eritieal, the abøenee of Mn during the war had eauøed deteriomtion of hOMø, buaixieaæs, and øuppXieø, and XawleøBxieøs had deveXoped because of the abænee of govemMnt. The aUitary fomeø had pmeeded HaaUton*s arrival by a aonth, but the aituation within the state had not changed grætXy during that tiM. Lawlesaness had not bæn chamcter- istio of all the peopXe at any tiM, and by the suaMr of X865, aany had begun to look forward with anticipat m to the morgaxiiæUon of the eivil govezTiMnt according to the pmai- dential pXan, maXizing that them wem aany questions yet to be axiawered. Wcmld the Southem people be tmated with kind- ness and considemtion or with oppmssion and tyraxiny? Would *^^0fficial Records. War of Rebellion, Ser. 1, Vol. XLVZZZ, p. lOWá. ^^Appleton, 0£. clt., 1865, p. 786. 56 the FederaX authoritiea ærry out Xawø of eoxifløcation and disfranchisoMnt and pXaee over the people an aræd øoldiery, the Mjor portion of thæ being eon^poøed of blaek tvoopB' WouXd the pXanø of mconatmetion c^quaXiæ the mceø or eXe* vate the Megm above the white Mn? Would them ever be a hamcmious mstomtlcm of the Uhicm with the intemøtø and energieø of the peopXe mvived, oenMme mstored, axid bleøø- ixiga of a irooâ govexTMnt for aXX aøøured? Abc»ve all, ^ámn would the ppovieionaX goverxMnt staz^ funetioxiing, who wo\ild the proviøior^i govemor be, and what eould be expæted of him? Thoæ wem the questicms uppemoat in the pubXie nind after the aurrexider of the Cícmfedemte amy, and most of then øtÍXX pmvalXed unanøwered when Hamilton arrived at Oalves- 22 ton. The arrivaX of OenemX Qranger*s ailitary fome in OaXveeton had ærved sonewhat as a sedative to conbat the pubXie fruatmtion, but it was soon evident that the fome tma inadequate to the effieient poXicing of the entim state. The fimt præXaMtiona of Oeneral Oranger wem mgardcd by aany as vindieative and harsh. The inaugumticm of the con- fiøeaticm of public pmperty and the accusation of Federal authorities that the Confedemte officials had not obøerved the terM ôf surrender were both impXeaaant and distinistful. Zn the flmt place, llttle pmperty was left to confiscate ^^DalXæ Momim^ !^s. June X5, I865. 57 through no fauXt of Confedemte~offieials becauTe what had ~| not been taken befom the surmnder had been seized afterwards by fome; seeoxidly, them was a question as to the legal owner- ahip of aueh that was confiscated. This was espeeially tme of eotton whem tmaøury agents øwarMd over the øtate with inøtmctionø to eonfiscate all Coxifedemte pmperty,^^ The aost serious pmblea that oonfused and tmubled the people of Téxas axid one with whieh the mconstmction goverxawnt would have to deal was the Negm question, Durixig the war the pmblea had not been serious beeause, generaUy speakixig, the Negræs had conducted thoMelves with ooBMnd- able loyalty to their aætors. Oeneml John B. Oordon in X87X paid a tribute t > the Negroes for their eonduet durixig the war: When the entim MIO white population was at war axid large plantations were left to be raanaged by the woæn axid childmn, not a sixigle insurmction occuxn:*ed; and that too at a tiM when the Fedeml araies were aarch- ing through the eountry wlth fmedom for the Négroes written on their baimers.*^^ Thcmgh those amies did not æmh thmugh Texas, the Negroes in the state had been awam of the conditions yet caused no trcmble. Maxiy wrltem infer that the slaves wem even æm faithful than at any pmvious time. As the war came to a close, however, the people had realized that a change in the Ransdell, *Tbxas froa the Pall of the Confederacy to the Beginxiixig of Reeonstmction," The Quartex'ly of «je lexAB State Historioal Association, VoTTxi U90bj, p. ÎTT. ^Quoted by Wharton, o£. cit., p. 138 58 atatus of the Negm was inevitable, and a gmve pmblen con- fz*onted both the whites and blacks. By the tÍM Hanilton arrived, the question was even Mre serious. S<»Be of the people antioipated that the Negm would be granted a new status in society, perhaps a peasant farMr but soMwhat in- ferior to that of the whites. Iteny Southemers held to the idea that emancipation of the Negm would eontribute so nuch to his delinquency that the people of the Nbrth would be glad to witness a mtum to the old systæ because they would find that conpulsory labor would afford larger cmps and richer Mrkets for their aanufacturixig. Still others believed that the only ehaxige, perhaps, wcnild be paid coapulsory labor in- 25 stead of unpaid. '^ Such opinions were discussed and argued to the point of distmetion, the iBMdiate concern being the Masum of fmedom to be given to the slave and the best Mthod of securing his Xabor. Yet the real pmbloM that faced Hamilton eoneeming the Negm were far gmater and xaore intricate than those which concemed the people at that tÍM. It was his task to detemine the position of the Negm in soeiety, and in politics as well as his civil rights and pri- 26 viXeges. The labor situation was indeed a coaplex pmblem that eonfmnted the planters during the summer inMdiately after ^RaMdelI, '^Texas from the Fall of the Confedemcy to the Begixuiing of Roconstmction,'* loc. cit.^ pp. 215-216, ^RaHdelI, Reeoxiatruction in Texas. pp. 70-71. 59 ^ war. Beoauae of the imdetermined status of the Negm, them WH no aaøuranee of suffieient heXp to harveat the empa, the euXUvation of i^oh had bæn aXaoøt conpXeted. Maxiy ir^ mguXariUeø teveXoped as generaX anxiety apmad over the atate. Zn ØOM æeticmø pXantem nanaged to keep their alavea in ignomnee of their deeXared freedon whemæ othem fomed eo^puXaory Xabor by t^ oXd meaxiø of øXayery puxii^ment. In eoH eaæa íámve the sXaveø wem freed, nany of the phyeieaUy 9 fit Xeft the pXantationø to seek «ieir fortunes, often læving behixiâ their fanUieø, eøpeeiaXXy the aiek and aged. Many of tPioæ idîo Xeft táie pXantationa went to the eity and congm- gated in oongeated pXaees whem they Xapøed into vagrancy ax S oonæciuentXy "fiXth, diæaæ, and eriM."^ The FedemX govemMnt, ætieipatixig nany meiaX prc^- XoM after the bmakup, had established on Hamh 3, 1865, a Burwu c»f Refui^eø, FmedMn, and Abandoned Laxids, whieh CSM t^ be known as the Free^sen's Bureau. 30 To this bumau was eoonitted the eontmX of aXI Mttem pertaining to mfugæs andlbeedMn of the mbel states. Zt was alæ charged with the superviaicm and aaxiageMnt of all abandoned laxida, but mmmmmmmmÊmmmmmmmmmmmmmimmmmmmimÊm'mmmmmmmmmmmmmmmmmmMmmmÊmmmmmÊmÊmmmÊmmmmmmmmmmmÊmmmmmmmmmÊmmmmmmmmÊmmmmmmmmmÊÊmmmmmmmmmmmmmmmmmmmÊmmimmmmmmÊmmm^mÊimmmmmÊmm C. W. lUuissdell, 'Texæ frcm the Fhll of the Confed- emcy to the Begixmixi^ of Reccmstmction," loc. eit.. p, 218. 28 Houæ Bxecutive DoeuMnta, 39th Cong,, lat Sess,, No. 70, p.TPrST 29 Marahall Ropubliean. June 16, I865. 30 Houøe Bxecutive DocuMnts, 39 Cong., løt Seøø., Serieø No.T^, Bo, 70, pp, 47-48.' 60 Binee «exH had no aueh pi'0!pei*ty, that cXauæ did mt ^^pXy to the arm. Najor OemraX 0. 0. Meward wæ appointed æ 1 ^iief eennander over the ten diøtrietø in whieh the Southem i øtatea wem divided* B. M. Oregory wæ æøigxied to the Texm diatviet æ ita oonaander. Many pecH^e had expeeted to m- æive aoM aid fron the buræu in reguXatixig the Xabor øitua* tion, but aixiee Oregory did mt arrive in OaXveøton untiX two nontha after HtoniXton had æøtmed hia dutiea, the pmbXen wæ diræted at the m^ govemnent even though t^ nUitary authøritiea had bæn deaigmted to æt in the oapæity of the bumau untU it eouXd atart fumtioaixig. Them wom other aituatiom fæing BftaUton æ he æt ahout to eatabXiah a p?oviaicmaX goverzaient. The frcmtier poXioy had been a aignifieant iøsue in Texæ poXitieø aime ei^oniaX daya, but during the war the Indlam æeaed to have taken advantage of the øeamity of troopa in Texæ and atep- ped up their pXunderinga and devætaUona. Zn fact, during the Xæt tmo yæra of the war the frontier had been pmeti- eaXXy abandoned to the æmy of the mamuding ævageø who wem anaed with flrearM and often Xed by desertem fron both the Uhion axid Coxifedemte raxiks. When the war ended, the Zxi. diam had beeoM ao arrogant and warlike that the people feXt that an entim amy would be necessary to mstom peaoe axid æfety on the Xong frontier Xim of Weøt Texæ.^ IXiring the i^immt mmmmmmmmÊmmmim^m'm" •• •"' • —-•• — ..-.. i. ..ÍÍLÍ«...V».ÍI » - — 31oxaud BlXiott, Leathercoat; The Life Hiatonr of a |>l^y flffiot (San Antonlôn standard FHnUxig conpany, 193B), 6X auner pmeeding ManUton'a mtum to Tbxæ, OemraX J. W. Thmeknerton had gem into the Zhdian eountry in an atteivt to aniee a træty with the tavageø. qpon hiø mtum he de- eXamd that hia niaaion had becm sueeeosful and imisted that the ndiam eouXd be kept ^nPaXXæ Herald. July 1, 1865. Mâ..» Augmt 5, X865. ^Zbid. 62 He deelamd a few days Xater in a speeeh at Houston that he pXaxixied to ccmeiliate none who wem at heart mbels to their governMnt. Hé tried, however, to ehaUenge the eonfidexice of every mXX dlsposed perscm In the state.^ The arrival of Hamilton aø pmvlsioxiaX govemor was onXy the beglxmixig of a dark and chaotic period for Taxæ, yet it is generaXly eoxieeded that hib tem of service would most likely have ended mcoxistruction had his plam been hcmomd • ^^Zbid.. Augmt X2, X865. CHAPTBR ZV THB BSTABLISHMENT OF FROVISIONAL GOVERNMENT The øteaMr Hemine arrived in the port at Oalveøton about ItOO F, M. on JUly 21, 1865, after havlng left New Or- leam SOM forty-eight houm befom. Anong the naxiy mfugeeø mtuming to Texas, the A. J. Haailton faaily and suite wem the most proBd.mnt. Though he had mceived his appointMnt æ pmviø mal govemor on Juxie 17, Hamilton had been imable to maeh Texæ earlier to assuM hia gubermtorial dutiea. Aceording to hiø own story he had been delayed became of 2 cimmiøtances over which he had no contml. He was most likely still in Washington, D. C, when he meeived word of his appointMnt. Secretary of Navy Oideon Welles had declamd that on Jum 9 he had been in the capital 3 eity 'pmssing hiMelf for the position. AppmxiMt^ely four weeks later Haailton visited with Oemral F. H. Sheridan, ailitary distrlet commander, seeking the aid of tmops upon 4 hiø ax*rival in Texas. Though little is known conceming the ^Flake's Daily Bulletin. July 22, I865. DalXæ Hemld, August 12, I865. 3oideon V'elles, Diary o£ Oideon Welles (Boston: Hoiighton Mifflin Company, l^ÍlT* Vol. II, p. 315. Offieial Records. War of Rebellion. Ser. 1, Vol, XLVIII, p. 1069. 63 64 pmpamtiom meesaary for hia æaigment, HáaiIton*8 Jour- my fron the Federal eapital to New Orleam and the mutim of ternimting hia bmimss, pmpamtory to læving for Téxæ, perhapa, aeeount for the delay. Nevertheleaa, Haniltcm's arrival at Qalveston was heralded by the people of Texas with both anxiety axid mjoie- ixig. Anoxig thme id^o æleoMd his mtum wæ the Qalvestcm Uxiion Aøøoeiation. A coanittoe Bppolnteâ by the aøøociation ealled upon the govemor and requeøted that he addmas the people. ArrangOMnts wem Mde for hin to speak at 7:00 o*eIoek, Thuraday evening, July 22, at the Qalveston court house. At the appointed hour, Kaailton mde his appearance whem he was gmeted with auch applauae. Judge C. Caldwell of Navasota gave a brief WOICOM addmss in behalf of the aasoeiation. He deelamd that it was with gmat pleasum that the XoyaX Texans could welccaie the mtum of a loyal eitizen as their leader to right theraany wmng s that had been in- flicted upon the state. He assumd the govemor of a genuine eoopemtion on the part of the Mabers of the assoeiation. HamiXton spoke for mom than an hour. He expmssed his de- Xight at being able to mtum to his hOM and thaxiked the people for the cordial WOICOM. He then turmd hia maarka 6 to a more serious subject. He mcalled the attitude of the ^Flake's Daily BuUetin. July 24, I865. Dallas Hemld, August 5, 1865. 69 IBtaM pe^e in iMx, at irtiieh tiM they had mfuæd to ro«r Bptet the Iftiited Stateø authority. Be diaeuøøed the dætrim of aeeeæion and atate righta. He aceused the pæpXe of bringing the war upon theaælves, of firing the flmt gun, and of 'imulting the jtaBoriean fXag a thouøand tiMa befom the Uhited States fimd a gun in seif-defeme." He deelared that the state was without a gcwernMnt beeause of the ais- deeds of the people axid prenised that he had mtumed to aid in meomtruetiOB, his authority having bæn derived fren the Fmaident. Be imiøted that Texas was not out of the tZnion and never had been sime fimt being adaitted, but that her mlatiom to the United States wem ædly out of Joint. Be pmniaed that a ccmvention would be called in dm tiM to aMxid ttm exiøting Conatitution or to comtmet a mw one. He eaXXed upon the people to take the ammsty oath, deelax^ ixig it to be the pmmqulsite to the fonnation of a state orgaxiic law.' Toward the latter part of his speeeh he elaiMd that he held no Mlice or grievance in his heart nor any de- sim to injum any man: While Z have in tiMS pæt often felt bitterly, Z mtum to Texas without om single pemoml wmng to mvenge. 'Aamaty oath—*Z, -, do soleanly swear (or af- fim), in the pmænee of Alaighty Ood, that I will henceforth faithfully øupport, pmtect and defend the Comtitution of the t^ited States and the tfnion of the states themunder, and that t wUX in Xike aanner abide by and faithfully øupport all lawø axid pmeXamtiom whlch have been Mde diu*ixig the exiøting mbeUicm with mfemnce to the eaancipation of ølavee. So help M Ood. '* 66 Them iø m aaliæ in ay heart. Z øhall mt øwerve to the right or to the left to injum any aan. No pemoxua grievanee ahaXX cause M to do thia, Z ehallenge the ccmfidenee of every welX diapoaed man in the Xand.^ FXake'a BuUetin øeeaed to have been the fimt paper to mport the govemor*8 arrivaX. Zta r^sarka wem friendXy and enthmiætie, a high tribute to om i^ had fought agaimt his state: A fomed exiXe fron the state of his adoption, he now mtumø with thc olive branch to the midøt of the people he eo truXy Xoveø. Charged with the møpomibXe and delicMite du^ of matoring civil govemMnt to a people eMrging fron the throeø of a terrible mbelXi«i, he brixigø to the wox^a heart øuproMly devoted to the wel- fam of the state.^ ^^ Ogtlveat;on News wæ not so eenpliMntary, Zt de- eXamd that the meeption appamntly had been the plam of the Lc^al Union Aaaoeiation i^oæ Mmbem had pledged then- øelves to do aXX they ecmld to deprive a gmat Mjority of the people of alX civil rightø for having advoeated the came 10 of the Ccmfedemey. *'Zt may be øuppoøed that imøauch as Qovermr Haailton seems to have acted under their dimction, he may be diøpoøed to carry out the principleø they have avowed, *' it stated. ''We, hcwever, undemtood the conclusion 8 Dallæ Hemld, August 5, 1865. ^FXake*ø DaiXy Bulletin, July 22, 1865. Ssie tfiiion Leagm wæ origimlly forMd in the NOrthem øtates to bolater Mrale, oombat the Coppex4iead MveMnt, and serve as a Radieal pmpaganda agency. Inne- diately af ter the war Lc»yaX Leagm councils wem orgaxiised in the South to aid Unioniata, Coxifedemte desertem, and othem who pledged theHolves to loyal mconstx*uction. 67 of the apæeh, as it was delivemd, to bmath a apirit of nagxuminity and eoneiliation. '^^ Fmxik Brown, in his Anxiala of Tmvia County. wrltten Mntha later, eaq^maaed the feelinge of a gmat nunber of pæple, eapeeiaXIy Confedemtes, when he æid that Haniltcm*8 speæh had gmatly alamed t^ae who heard it. He felt that its tom waa so hamh that it had cauæd nany to believe that BÉniXton would, in gmtifieation of a desim for mvenge, in- augumte a tyraxmy such as wcmXd be hard to bear.-^^ The various interpmtatiom of the govermr*s flrst spæeh cmated comidemble intemst in hia plam for mcon- struetion of the state. A few days after hia arrivaX, Hanil- ton axid hia party Xeft Oalveaton for Houston by way of tmin. Arriving in the eity on July 27, they wem Mt at the depot by a comnittæ of citizem axid the Seventh Nasmehmetts Battery, who fimd a ælute to the govermr. He was then eæox*ted to the Bldomdo House whem rooM had been mserved and pmpamd for the entim ataff. Them the govemor set iip tenpomry headquarters, meeiving calXs fron many of the eitizens. He had origixiaXly intended to leave the following Mrxilng for Amtln, but chaxiged his plans when SOM of the citizens insiat^d that he mmin for axiother day in order to aceept a dinmr invitation that had been planmd by Mn of 11Qalveato n News. July 26, I865. TBrown, Anmls of Tmvis County and the City of Amtin, Ch. XXZV, p. 30. 68 aXX olææø.** After the dinmr in Eldomdo Home, Hanilton nade a Xong apeeoh to the Xarge audieme that had gathered X5 to hear hin. -* FoUowing the MM text æ cmtlimd in his QaXveøton øpæeh, he øhamd hiø Xiøtemm for having partiei- pated in the mbeXXim whieh he Xabeled æ the "næt uxiprovoked, naked, axid umdormd eompimey ever heard of, agaimt the beøt goverxMnt ever nouXded by the haxid of aan. ^ He mid the oæíventicm in Qalveøton in l860 had deeXamd thenælves æ the gmx teøt aet of fæls the world had ever æen. Be pointed cmt that the famtieal leadem who had nialod the people had pmved faXæ, The pæpXe, themfom, he eontexided, ahould uxidemtand and acknowledge that they had exigaged in a nmt uxmatumX mbeUion agaimt a govemMnt that had never wrc ^d ^n. Then he shouted, ""Z aa dom eonciXiating Mn who am at heart mbeXa to their QovemMnt. The raan v/ho, after the experienee of the past four yeam, doea not admit ,14 that hiø coume iø criaiml, iø an uneoxiqmred mbel. ' Haailton further mviewed the aiøgivixigø and aiadæds of the South, explalmd Lineoln's peace suggestiom, and rld- iouXed the T^xas pmases for the stand they had taken. Tum- ixig then to the questlons of slavery, he declamd that the eaaneipation pmclaMtion was Lineoln»s læt msort in try- ixig to mstom the Uhion. He said slavery had challenged the ^^Dallas Hemld. August 5, 1865. mmmmmmmmmmmmimm mmimmimmmmmmmmmÊr -—• ^^lbid.. Augmt 12, 1865. 69 govemnent to aighty eentet and the om or the othor had to . go. WhUe he wæ uaing hia aXander and mtim to the fuUæt aatæt æ thia øubjæt, a voiæ in the erowd intomipted to uk if he pmeXaiMd the aXavea æ freoâMn. "Z doi', he aaamrad. 'They am fræ, by the najea^ of the Xaw and gavoranæt, ttoentfi the voiæ of the nartymd Fmaiâent and viU fomver be defended in their freeden.'" HømiXtOB diræted a portiOB of hia addmæ to the vut and enthuaiæUe Megm throng, imiøting that they pay •pæiaX attention, He matated that they had bæn fmed, but for the good of thm ecmntfy and themælves, they ahould renain on the pXantaUmia with their forMr nætem \mtiX the exid of the year, at whieh tiM they eouXd aake their own arraxige- nenta withcmt hindmme, with the øupport of both the Xu axid the power of the goverta mt. Xn the eXmixig part of hiø^pæch, Hanilton urged the pæple to ræognize once and for all that slavery waa dead, to øet up a govemMnt on the plan outlimd by the Fmaident in c»rder to avoid a nilitary morgaxiization, and to build up the eountry aø aueh æ they had tom it down. Hé oloæd with a pmpheUe appeal: 'Let uø exemiae Chriatlan fombearance, axid we ehaXI see the pmgmss of mpublican fmeden, the fftiited Statea leading in the grand aarch of the mtioxialities toward the perfeetability of mankind.'* ^ ^^Jbid 70 Froa Mømton HaaUtcm aade hia way to Auatin. He wæ aeeenpanied by QemraX C. C. Andrew, æveral of his ataff, and an eseort of thii*^-aix æn. At Htailton*s requoat, Qen^ emX Sheridan had aent a gemraX order tottie T^xa a aUitary eonnanâer, QemmX Qordcm Qmnger, to aupply Hfcailton with an eaeort to Auøtin and alæ to aaintain a aaall garriaon at the eapitol for the govermr*8 uae.*^^ As Haailton*8 party approæhftd the oapital eity, t^y wem Mt by a comaittæ of thlrty pronimnt mn lám eøeorted then to the eapitol. The govemor waø græted with pmKmged cheem and the roar of artiXXery. When the party maehed the meeption ama, Rev. WiXXiam M. Bakar gave the invæation to open the ceroMnieø. A ehoir aang the Star Spangled ]»tximr. after whleh ex-Qover- mr £. M. Feaæ gave the weleoM addmøø. Qovermr Hánilton then øtepped to the mllixig of the speaker*s staxid and de- livemd a foreefuX and eloqmnt addmss whieh lasted for al- IT most two houm. ' Hamilton*s speech was an appeal for the people to take the amnesty oa^ in order to qualify for participation in the morganization of the state goverment. He said that he had come for no other purpose t^n that of sex*vice and that he would be pemist^ent in the effort to aid the people in the mst^mtion of civll govemMnt. He pledged that he 16 QffieiaX Recorda. War of Rebellion, Ser. I, Vol. XLVIII, p. xa>9. 17'Brown , ££. cit., Ch. XXIV, p. 42. 71 MouXd be "gitidod æd eontmXXed by m peræxiaX fæXing; do mthiBg ottt mf naXiM, and idiirk fron mthing fron fear of biaH. ** ••"^^ ^ DtXXæ MemXd. in oiamHnting en tm govemor'ø ^- arrivnX in Amtin, paid thiø trihute to hins ^ Hia i^pmarææ Ma everyidiem græted with nmXcmHd anA æmeat eheera i^ieh øhcMrø that hewever nueh he niglit I ^ have bæn hated axwl abuæd in tiMs pæt l^ densgogma ; I axid designixig mn, the hearta of the peopXe am with hin æ they ever have bæn. '• Thm roar of eaxmon whioh an- xioimeed hia t»fiuiB^|ihaX mtum fren a Xong axid paixifux ex- iXOf toXd mt of ecmfXiet and hæUXiUeo, but peaæ, Xm < and order, and good govemHnt. . . .^^ { Nany people aought ehamea to eriUeiæ the govemor, whereæ othem tried to eæpemte in every pæsibXe way. Qm I i **trm aouthem wonan with a Uhion hmbaxid" wmte a Xetter to HaniXton, dated Auguøt 6, X865, in whieh ahe expmaæd her dimppointmnt over hia addmaseø at QaXveøton and Amtin. She aaid ^ie regmtted that he wæ mt in the humr either tÍM to do jmtiee to the Scmthem peopXe or ætiøfaetion to hia friendø, ^hm beXieved that a better poliey would be to heaX the wcmndø imtead of pmbixig dæper becauøe the people wem i^pped but mt conqmmd. 'Remeaáber, dear govermr," øhe wmte, "a kind woa?d tumeth away wmth.'' Then øhe aaked that he not addmss the peopXe again until he had kinder m- 20 mrka to nake. ^^Southem Zntelligencer^ August 4, 1865. ^^i^Xæ HeraXd. Augmt 12, I865. ^A. J. Hanilton, Bxecutive Cormspoxidence (MS, Amhiveø, Ttoxaa State Libmry, Amtin). 72 WhiXe æm groupe saw fit to eritielæ the efforts of the pmviøionaX govemor, othem wem eomervative. Max^ peopXe who ocmXd mt pXcHlge tl^ir eoc^mtion by a pemonaX viøit Joixied wit^ othem in nætixigs idiem XoyaXty mæXuUom wem pmpared, aignod, and then ænt to HaaiXtcm. A erowd of peopXe Mt at BeXton on JuXy 20, the day befom thm govermr arrived at QaXveston, and pmpamd and aigned mæXuUom whioh deciamd their wish to æoept the situation of af^m and their deaim to be good and faithfuX eiUæm of the United States. They expmæed tmir wiIXixigmæ to eoopemte with the authoriUes in the mstomUon of good order axid the 21 eøtabXiøhMnt of a eiviX goverxment. Anot^er group Mt near Qeorgetcmi and dz:*ew up a siaiXar set of maolutiom whieh ex- texided to Qovemc^ Hsailtm their confidenee and coopemticm. li^pon their arrival in Amtin, the Haailton faaily aoved into the exeeutive aamion whieh had been thorcmghly 2*^ mmvated axid i»E^pared tov their meeption. -* The govermr iaMdiately aet to work to dispose of the pmliaimries neces- BBvy for the orgaxiizatlon of a proviaionaX govemnent. FXoodø of Xetters esM daUy in the mails, a aajority being appXieatiom or mcoaaaendatiom for offiee. Every mæon iaagimbXe æ weXX as aXl kinda of quaXificatiom wem given 21 ^Zbid. 22 ^ Southem Zntelliieeneer. Augmt 4, 1865. ^•^DaXXaa HeraXd. Augmt 12, I865. 73 for aækixig the poaiUomt om genUeaan had MtriMxiial asplmUma but did mt have the mmy to support a wife; othem deeXamd thæælveB æ ""trm I^mX eitizem" who had bæn abuæd or had euffemd SOM aiafortum became the '*mb- eXs" in Texæ had been in the Mjority; SOM eaid they wem XoyaX at heart but had bæn fomed into Cæifedemte ærviæ beeame of eimmøtaneeø; but mst of the appXieatimiø wem 24 fren the inciaâ>enta of the varicmø officeø. The maponæ to HaaUton*ø invitation to the Xo^ mn to viait axid confer with hia on the ecmdiUcm of the øtate wæ wore thmn gmtifying. Zn a letter to Fmøident Andrew Johmcm dated Augmt 31, HaaUton øaid he had been viøit;ed bF mn fron eighty eountieø in Texæ, a eenMndable mapcmæ eomidering the eondition of the teXegraph, milroad, 25 aaU, axid atage faeUities. Aacmg the visitom was J. w. ThroekMrton, a gsntlHan who had voted agaimt secessitti in X86X but had aerved in the Coxifedemte aray i^n the state aXignød itæXf with other Southem states. He pmænted a pXan whieh he deeXamd wøuld assure the state of a speedy matomtion to the Uhim. He adviøed that aXX county offi- eers be aXXowed to eontinm to discharge their duties, sub- Jeet tx) removal uposi pmper mpmæntaticm of misconduct In offieiaX affaim. He also argmd that the comtitutioml ^Slaailton, Bxeeutive Cormspondeme. ^^lbid. 74 eonvenUon ahouXd be heXd mt Xater than the aiddXe of Oeto- ber^ imiatixig that an earXy eXæticm wouXd inaum the aeXæ- tion of íMLon Mn æ deXegatea and themby eXimimte secession- iata i^ aight eauæ troubXe in the ecmívætion. When he æw that HanUtcm wæ deterained to appoint new æn to offiee ax S onXy tdime who eouXd atand the teat of XoyaXty after a thor- ougjh inveatiipiUon, ThroekMrtcm wæ mt oiay diaanpointed but diagmted. 26 Zn eonMBtÍng upon hia visit to the eiq^itaX, !Riroelcmrton avowed that he aaw XitezmUy hundmds of mn from aXX parta of thm atate with their pæketø biUging with xiaMs to fiXX offiæø fron the hi#ieøt to the Xowæt, imXudixig 27 eounty ecHløøioxiem ax»3 Juatieæ of peaee. Haailteai began ai^inting mn tov the varioua offiees at an earXy date. On Augmt 19, the DalXæ Hemld mported that the govermr had gom to work in mal ærmat axid was 28 appointing ecmn^ and diatriet offieem as fæt æ he could. Many hoXd-over offieers of the Confedemte mgiM wem still diachargixig tt^ir dutieø, pending the govemor*ø appointMnta. Maixsr of t^ inembenta had vacated their offioes by ehoiee, and others had qult fimcticming became of the uxicertainty 90 of their statm. The i^pointMnt of JaMS H. Bell æ ^^liott, Leathemoat: ©le^ Life HJ-story of m T»xæ Fatriot, pp. 100-1 or: ^lbid. ^^DalXæ Hjerald. August 19, 1365. ^Ramdell, 'Texas fron the Fall of the Oonfedemey to tílfii Begixming of Recomtmetion,'' loo. cit., VoX. XZ(X908), p. 207. 75 oeemtary of atate æeM to have bæn well mceived by the 30 peopXe."^ The other eabimt nti»nbem wem WiIXian Alexaxider, attomey gemmX; A. H. LatiMr, eonptmUer; Sam Harris, tmmumr; and Hobert M. BXgin, Xand ccaniissioner, who was mpXæed ahortXy afterwards by Joæi^ Speme.^ Aø mpidXy æ poæibXe offioem of eourtø, oheriffs, tax assoBsom and ec»XXeetom, and eounty eoianisaiomrs wem ai^inted. A Gtøa- veaton paper expmøsed diæppointMnt that thegovermr did mt æe proper to contixim aXX the incuoáienta in offieet Ctovermr HaniXtcm*8 appointMnt of eit^ officem fron Saxtcm to Mayor, took everybody by øurpi*iæ, exeept thme who moonMxided the Maaum. The ci^ authorities wem knc»wn to be woz4cing in mntXve hazv my and comert with the niXitary, axid we have heard m eoamlaint of demXietion of duty on the part of ^yiy of the offieem, c»* of a want of fidelity cm the Qemral or State Qovem- Mnt. . . Axid we can but mpæt the expmaaion of our mgmt that the Qtovemov did mt^ocmtinm alX the oXd imuahenta so choæn in offiee.^ On August X9 HaaiXt^m issmd a proclaMtion pmvid- ing for the mgiatmtion of votem, æøuring the peopXe that æ socm æ the aajority had taken the aamø^ oath, he would order an eleetion for delegates to a state eomtituticmal eonventicm. All who wem imluded in the Fmsident's proeXamtion of aranesty wem to be mgistemd when they took the oath of offiee. The mth was to be adrainistemd to all ^^DalXas Iterald^ Augmt 19, 1865. ^^Brown, cg^. eit.. Ch. XXIV, p. 43. 3^CiviXian and Qazette (Qalveston), October 18, 1865. ^'^Executive Reeordø, Register Book 281 (MS, Amhives, T^xæ State Library, Amtin), pp* 28-32. 76 Mho appXied, imXudixig thme who aought regietmtion æ votem and thæe within the "exeepted eXæaes," aa a pmXiainary atep toward a apeeiaX pardon.^ Sepamte mXXa wem to be kept of the two eategwiea. HaaUtcm iaaued amther iaportæt proeXaMUcm cm Septeaber X. Ih it he deaæd^ that those having in their pwææion atate or Oonfedc^te property amt tum it in to Major Bdward BurXeaæ, the appointæ to eolXæt aXX of aueh preperty. FaiXum to mke matitution wouXd msuXt in both eivU and eriaixiaX prmeeution. A ecmaidemble aaount of atate axid Cesifedemte pmpex*ty had bæn stolen or plundered during the ''diagræefuX Bcems that foXXoifed the disbandMnt 35 of thm mbeX amy in Texas.** The eoUeetion of the publie pmpex*ty had bæn started pmviom to Hsailton'a arrivaX in Texæ. When the aUitary, uxider the dimction of QeneraX Qordon Qranger, mauMd eontmX of thm state, an order wæ issmd on JUne 19, dæiaxiâixig t;hat aXX pubXic pmperty to be turmd in iaaediateXy. He aXao dimet^d Major Qemral F. Steele, Coeaiander of United States cm Um Rio Qrande, t;o move m-enforeoMnts Into the 34 The exeepted clms incXuded the following: the of- ficem of the Confedemte army axid mvy above the raxik of eoXomX axid Xieutenant, mapeetively; fozMr Fedeml Judges, coxigmaaMn, ax S xiavy and amy officers who had msigned their offioes to aid the Ckmfedemey; civil offiærs of the Coxifed- eræy; those who wem aeemed of mfming to tmat captumd Megm aoXdiem and thmXv officers as priaomm of war; axid thme whose taxabXe weaXth was $20,000 or mvm. ^^Brown, 0£. cit.. Ch. XXIV, pp. 54-55. 77 intez*ior to pmvent mbbers and pluxidemm fron passing with their apoiXa into Mexieo.3^ John Hancoek meeived an order fron OemraX Qranger on Jum 29 to ooXXeet the pubXie pmperty, amhives, mcords, ete., pertaining to the state and gemraX govemHnt within Tmviø Coun^. The Xaxid offiee ræords, tmasury amhives of the state, axid t^e exeeutive depax*tMnt mcords wem deaig* mted aa of first iaportame. Himock wæ authorimd to or- gaxiiæ a nilitary fome as an aid untU the FederaX troops shouXd arrive.^ As soon as Hiailton had tiM to survey the gemral ecmdition of the stat^e, he malized that he faeed gmat dif- fieuXty in mstorixig Texas to its foztaer finaneiaX stat^is. He aiqpointed a ccuoiission eonpæed of s. M. Fease, Swante FaXn, and Joaeph Spenae to exaaine and audit the aceounts of the tmasury axid comptmXler departments and to invostigate the generaX finaneial eondition of the state. They wem also dimeted to loeate, if possible, the bonds that had been dis- 38 pmed of during the war. Hanilton ænt B. M. Feæe to Wæhixigton as a speeial agent to pmaent to the Uhited States Tmasury eertain cou- pons for payMnt. Fease earried with him a letter of ^Official Records. War of Rebellion. 3mr. 1, Vol. XLVZZI, pp. 929-9ÍO. ^lbid.s pp. 1026-1027. ^Bxeoutive Records, Register Book 281, p. 38. 78 mconMxidation and explamtion fron the govermr.^ Hamilton alao appointed Morgan C. Hanilton, hia bm^r, æ a apeeiaX agent to BngXand to meover, if possiblo, some of the bonds whieh wem aent to LiverpooX for purohæing war MteriaXs. In a Xetter to Seemtary of State Wiliian H. Seward, explain- ing the niaaion, Haailtcm stated that all the bonda had mt been æXd, and thoæ that wem aight be mcovered aime the purehæem had been properXy ixiforMd in tÍM to annul the eontmct of aaXe. The B\iit involved boxida aacmnUxig to 1x67,62$. That mpmænted Xesa than half of the bonds that wem æid to have been sent to Bngland. Mox^an Haailton was 40 aXao æsigmd to locate thoæ bonds if pmsibXe. WhiXe trying to tmee the whemabouts of the bcmda, Haailton gaimd OOM inforMti J. F. Benjaain, about the ixideaxiity bcmds in the Téxaa treæ- ury axid had suggested that aoM exehaxige aight be agreed upon. BenjaaiB had writtoB to FraBcis R. Lubbæk ejqplaixiixig the aitmtion axid recimating that the state buy the meoBBary at^pXÍea with thm bonda, after whieh the C^ifedemte govem- Mnt wouXd exehaxige Confedemte seeuritiea for the supplies at a higher mte. lAibboek had mfez*red the reqmat to the XegiaXatum then in æsBion axid the arxttxigoMnt was fl^n^mved. \ aUitary board wæ cmated, to which was given the power to aake idiatover me of the boxids it æw pmper. The board had agreed on January 12, 1865, to sell to White and ChUes 135 of the ixidH:iity bcmds and 76 othem whieh wem in the handa of eez*tain bankem in Exigland. Zn exchange ChiXos and White wem to deXiver to the board eertain war suppXies. The boxidB wem iasmd but the suppXies wem never meeived by the Con- fedemte govemMnt bæame the ahipMnt was mported to have bæn deatroyed by disbaxided aoldiem of Qemral Kirby 4X Saith. When HaaUton mceived the ixiforMticm that the bonds wem in the possession of White axid C^hiXea, he wmte a Xetter to the Fmaident, expXaixiixig the sitmtion and hia pXan for the meovery of the bonds. He inforMd Fmsident Johxiaon that both men had fled fron Texæ and mqmsted that the United States nilitary be ordemd to help flnd then axid brixig ^Hr. w. Fiemon, "Texas ys. White," Southwestem i^^torieaX Jourml. Vol. XVUZ, (1915)# P. 3W. 80 42 thea back. He alao wmte to Secmtary of the Tmæury Hugh McC>xXXc»eh and advised agaimt the mdeaption of the bonds 43 befom the state had meovemd thea. IMs pmbXem was not solved durixig Haailton's adainistration but he continued to be involved in the qmstion as we shall see in a later chap- t;er. Haailton issued a pmclaMtion on September 5 dimet- ixig æsessors and eolleetors thmughcmt the st;at;e to assess and collect between Sept^eaber 10 axid December 1 a dimet ad valomm tax of twelve and one-half cents on the himdmd dol- lars, a poXX tax of one doXlar, axid liceme and occupaticm taxes aeeordixig to the laws in force prior to March 2, I861. The officers wem required to be govemed by the laws then in force conceming the assessMnt and collection of taxes. Fox^ 44 mer slaves were mt to be listed for taxation. Befom issu- ixig the pmclamtion, Hamilton had asked the opinion of both Uxiion and ex-Confederate leadem as to the tax levy necessary to su8tain the state govemMnt axid was adviaed that fifteen cents on the huxidmd dollars would be mcpiimd. After mflec- tion Hamllton decided that a twelve and a half cents levy would 45 be adequate. ^^Executive Records, Reglster Book 28I, pp. 39-40. ^^Xbid., pp. 45-46. 44 Zbid., pp. 50-52. ^^ÍBroimj op. cit., Ch. XXIV, p. 43. 81 The taxation procXaMtion broui^t æ aany inquiries and auggestiom to HaaiXton that he was fomed to isam æ- other præXaMtion to eatabXiah a uxiifora ruXe throughout the atate for the æææMnt and coUeetion of the apeeifie tax upon gooda, wamB, and Mmhandiae æld, and for the lieenæ axid meupatlOB taxea. Taxes wem to be ææBsed fron the fimt of JUXy, X865. Aæessom axid eoXXeetM>m, who had bæB appointed tsy HanUton, wem mquested to cucecute bonds in eonfonnity with the law axid forward thea to the govermr*s offiee without deXay. Thcrøe peepXe who had been acting æ ææsBom and eoUeetom, prior t;o and at the cXoæ of the mbeXXion, wem to make mtums to the office of the govemor of aXX nemF or securitiea, or pmtended æeuritiee, or eur- mney, of whatever mtiim, whieh they might have meeived in peyMnt for taxea prior to JiUXy X, 1865. Eapecially wem they to mport and account for sueh sums of speeie as they aight have meeived respectiveXy, as a tax \spon apeeie in 46 the handa of taxpmyevB and mt aeeounted for by then. HaaUt;on iasmd a prooXaMtlon on Septesíber 8 wtiieh pmvlded for the opening of the courta for the triaX of all eriaiml cæes involving both whites and Negrms and for other purposes. Zt dcclamd that the district courte should proeeed to try aXX erirainal cæes and all other chamcter of suita except cæes of debt irtiich should mt pmceed to finaX ^^Dallæ Herald^ Septeaber 30, 1865. 82 JudgMBt untU the proelaMtion had been mvoked. Haailtcm'B Bzigunent for the ''exeepticm of debf* cmes wæ pmænted in an addmss to the peopXe a few daya Xater. He deeXamd that he was c^ppoæd, upon primipXea, to any XegiaXative interfemme betwæn the debtor and his emditor, even thou^ the pmaper- Ity of a eountry depended gmatXy upon the faeUity with whieh debta eottXd be eoXXeeted. He eontenâed, however, that the oimimtaxiæa of the eountry wem yevj extmordinary: the peopXe had auffemd inaemeXy fron the burdens of the war; very XittXe mmy wæ in eimulation; and property waa of but littXe eaah vaXm. These thinge being æ, he beXieved the ereditom wcmXd mt be disposed to meeive pmperty in pay- Mnt of debtMi, and the saXe of it tuider exeeuticm wouXd work a gmat hardahip upon the debtor. FearfuX of hew the conven- tlcm wouXd maet, he aaids I fæX æsumd that if the eourtø wem open now for the mnditicm of fixiaX Judgmnts in actiom of debt, it wouXd be aXnmt inpmøibXe to pmvent the Coxivention, when it æænbXea, fron authorizing legialation that would have the effeet t;o iapede the collections of debts, for a long tÍM to coM, . . . MST advice t;o the peopXe, then, is to pmpam for the payMnt of your UabiUtiea as apeedUy aB pæaible.^* Other phaæs of the prc»eXaMticm wem as foXlow: the tiM of holdlng eourta and the beuxidarieB of the distriet wem to be the saM as had bæn aet by the lat;e leglslatums; attomeys and ecmmellora were to take the aamaty oath befom they could practiee in the eourta; axid the Jmtiees of the peace ^'^lbid. 83 wm to hear axid detemim aXX mttem within their Juriadic- 48 Ucm in ooxiforaity with the existing XawB. A pmeXamtion on Septætiber 25 pmæribed a change in the ccnirt pmoXamticm of SeptMber 8. In mgard to cæoB oonæming debta, HaaUton deeided that great ixijury aii^t mauXt to partiea fron the XOBB ot testiacmy hy XBpmm of tiM if mt peraitted to proeæd to finaX JudgMnt. He aXao feXt that it wouXd opemte omrouøXy axid uxifairXy upon a Xarge eXæa of oiUzem t > pemit the fomed eoUeetion of debta under a Jmtiæ^s JuriadieUon. Themfom, in the new proe- XamUcm, he deeXamd that the distriet and JmUee'a oourta thmughout the atate shouXd proæed to fiiaa Judgnent in ætimø of debt, but no exeeutiom should be mxidemd until 49 otherwiøe ordered. HaadXtcm did not seea to despair during the fimt few wækø of hia adalniatmt m in epite of the taska and mapon- sibiXitieø he faced. In a Xetter to the Fmsidentt dated Augmt 31, he expreøæd satiafaction with the pmgmaB of the øtate, eonmnded the nUitary for tlieir ' \mifom kindnesa, eourtei^, and friendXy æaiBtame," urged an appmprlaticm for m-eøtabXiahlng an adeqmte postaX servlce, axid expXaixied hls attitude t^iward recoBnendatloiîa for pardon. In the latter part of hiB Xetter he admitted that he wæ faeixig BOM ^Bxæutive Reeordii Regiator Book 281, pp. 52-54. ^^Zbid.. p. 71; Dallas Herald. October I4, 1865. 84 ^PPOaiUon when he æid, ''Mem knoirø better than yourælf how is«)maibXe it ia for anyme æeupying ay pmitim to eaeape naXiæ, hate, mnr^ «nd oiqpmition even fron quartem whæee it shouXd mt coM."' Zh an addmas to thm peopXe on Septeøâier U, HaniXtm oximaæd hia viewa oomemiBg the gemmX oondition of the atate and briefXy ouUined hiø futum pXam. He gave a short mauM of t^ atepa he had taken to <»:*ganiæ the j«wl8ionaX govemMnt, the mauXts HattUton*8 proeXamUcms of Septes^r 8 and 25, es- tahXiidiixig the provlaioxua eivU courta, gave inpetm to a I»*obXm that had exiated alnce hia arrivaX. Frlor to thm estabXishMnt of sueh eourta, eaæa had bæn diapoæd of throutfi ttiXitary tribunaXa. Though the Fmaident's proeXa- Mtiwi of ^hxm X7 did mt ea^ain the reXation betæen the eivU govemmnt axid nUitary authoriUes, it was gemraUy ojg?eeted that the civiX authoritiea wouXd deaX with all mt- tem mt pertainixig to the ældiem. Thm nilitary had m- eeivod wdem to aee that the Negroea wem æeum in their pemmaX freédon axid other rii^ta unUX the offioem of the 54 Fræ<2ten*s Bureau maehed Ttxas. Themfom, them wæ an overXappix:^ of power between the authoritiea. Comiderixig the atrain and temion uxider whieh evezy om wozíced, the deveX opmnt of ecmfXiet ia not aurprising. Qemral H. Q. Wright mpXaoc^ OemraX Qmnger æ the nUitary eoianander of the Tsxaø DepartMnt sc m after Haail- ton*8 arrival. The mXatiom between hia axid HaaUton m- aaixied amlmbXe though sc»iietÍM8 a Xittle straimd. On Augmt 17 Hanilton wmte to Qemral Andrewa conceming the armat axid detenticm of a Mr. Williaa B. Cmws who had bæn æemed of nurderixig a white aan. Haailton asked what eouræ the aUitary authorities pXanned to take. He suggested it ai^t be better to tum the case over to civil authorities.^^ S^Official Reeords. War of Rebellion. Ser. I, Vol. xLvzzz, BP. isrr- sTs:— -^--^ BæeuUve Reeords, Register Book 281, p. 27. »7 fhla ætåOB on the part Of MtaUt '^Bæeutive Reeorda, Regiater Book a8X, p. 27. ^Zbid.. pp. 72-74. 88 the eiviX authority waø in m eoxidition to adnixiiøter Jm- tiee."^ Not a gmat deaX wæ aeeoiqiXiøhed by thiø exchange of eormapondence because naxiy qmstiom wem left uxisottled. Nevertheless, æriom eexifliet between the two authorlUes nay have been averted thrøui^ the exehange of coBBBunieations. A nuiâ^er of cases CBM up whieh thrætened to inpair the m- lations between the two authorities. Bj fombearance on the part of Qemral Wrii^t, however, such prcHiloH wem fimlly diaposed of without axiy seriom trouble. One partieular cæe concermd a C^Ioml I. T. Rose who was statiomd at Vietoria. Aeeording to mporta, Rose aust have been a mtoriom char- acter. C^ writer deseribed hia as 'a veritable ezar on a SMll seaXe, axid aXtogether a Mm despieabXe speciMn of «58 huaaxiity than Santa Anm hÍHoIf. Bight distinot chargea agaimt hia for outragooua eoxiduct wem pmænted to the govemor. Mevez*thele88, a white man, who had been acquitted by an open ecmrt for kiUing a Negm, was marmsted by Roae axid placed in Jail. Haailton wrote a letter to Colonel Roae deaandixig the man*8 mleæe and also laid the Mtter befom 59 Oemml Wright. The raan was releæed. ^'Háailton, Executive Cormspondence. ^John J. Liim, Reaixascence of Fifty Years in Texas (New York: D. and J. Sadller ana fiompany, lfcJfcJ3;, P. JoT; RaHdell, Recomtmction in Texae, p. 81. Exeeutive Records, Register Book 281, pp. I38-I39. 89 Anothar eonfllot wlth th. •llituy .a r.pr...nt.d by Roae eoneeraed an aXtemation betæen hia axid Jhdge L. A. White, a Hamiltcm appointee to the diatriet eourt, over a ""bemh ruXe.** White had i^teated to Rose in pmvem agaimt depmdaticma of æXdiem. ArgimentB emued axid Roae ahot a hole through White'a tromer Xeg axid had hia put in JaiX. White gmnted hiHoXf a writ of habeæ eorpm. ceaaaxidixig the Bheriff to brixig the body of L. A. White befom hiaæXf. l he writ of eourse was diamgardcMl, axid Whit;e wæ mXeæed cmXy after he agræd to dmp the Mtter. 60 Amther eæe in whieh the eiviX and ailitary authori- tiea eXaahed æeurred at Jefferaon. R. L. Robertaon, æting tmaaury agent, wai indieted on ævemX charges hy the grand Jury. The pæt eenaander ordered axid obtaixied hie mXeaBo. He WM armated again and the diatriet Judge mfmed ailitary ordem that he again be mleæed. Themupon, the eennander and a large body of aoldierB tæk RobortBon fron Jail by fome. The eivil authoritiea appeaXed to HanUton whiXe the nilitary notified their head eonnander. Hanilton meeived the appeal of the eivil authorities but was able to do mthixig as Qemral B. R. S. Canby upheld the ailitary and deelamd that the state courto had no JurlBdiotion over the tmæury agenta. The distriet Judge deeXamd in a letter to Haailton that them was no med to puniah others if alleged cotton thiovoa ^^nn, 0£. oit., pp. 361-362. 90 wem to go fme. Robertsen was mver brought to trial. The frontier waa another problea with whieh Haailton had to deal, The qmation was as old as Texas itaelf but when peopXe'a XÍVOB and property am both in danger, it is the duty of the governMnt to give the best pmteeUon pm- BibXe. HaaUtcm meeived aany lettem æking that eertaiB porticma of the frontier be better pmteeted by Munted cav- 62 aXry. Indian mide had gained aoæntua after the withdrawal of the Gonfedemte trocips. Haailton had a letter and a viait fron W. Fmnk Carter \ám mpmaented BOH of the fmnUer ættXoMntB. Zn deæribing the eonditicm in hie aræ, he oXained that æn, woMn, and ehiXdmn wem aubject to oXaugh- ter by raiding Zndiam axid outXawB who pluxidemd and ran- æeked pmperty and carried off what they wanted.^^ Kaailton proniæd to do aoMthing. A few daya later he appealed to Carter for help beeame the etate had no mmy to eupport 64 troopB of itB own. Qemml IhmekMrtcm had Mde an atteoqpt to get a tmaty with the Ixidiana inMdiately after the war. He eon- fermd with leadem of the Conamhee, Lipam, Cheyonma, Ampahma, axid Kiowaa axid mturmd with nim priBoners. He feXt that the Indians coiad be kept on good terH with pmper .WWI»«»M.««MWiWWW»»MMW'WWMM«ili»MMW»«iMMM»M««Wiill»MWMMII I III H1—•—» I ————'————————^1—.ii——^,1^ ^lRaHdelI, ReeonBtmction In TfexaB. pp. 81-82. 62 ^ Hanilton, Bxeeutive Correspondence. ^3ibid. 64 Bxeoutive Records, Registor Book 28l, p. 87, 91 •BnagoHnt. 5 However, them wæ XittXe if any iapmvoHnt after ThroekMrton's visit with them. Most of the BottXem f^Xt that onXy arHd mBÍBtance w«ad be adeqmte pmteeUon. HaaUton Mde æveml mqmatB to QemraX Wright for aid. QemmX Wright mfermd thea to QemraX Sheridan who mfuæd to aend troopa for frontier pmteetion became he eaid they wem meded in the interior to pmteet the fmedMn.^ During Smptmtúmv thmve wem oecæioxial mporta of Ixic!ian ac- tivity. C^ of the most pathetie stories CSM froa Wiae CountF mar Deeatur. The John S. Babb's hOM wæ plundemd by BOM thirty or forty CenaneheB while the father and scm wem gom to the aarketa in Arkansas. Mm. Babb wæ stabbed eeveraX tiHS and the other aembem wem taken priaomm ex- eept a øaaXX baby who waø Xeft on the b4»d beøide her dyixig 67 Mther. AXøo diiTing Septeaber the Comanchee mided SOM øettXeMnta in Thrrant County, killlxig two Mn and roundixig xxpraaxiy hcimes. Another mport said a Negm and a white aan, who had escaped as prisoners of the Indiam, claiMd them wem sone four htuidmd warriom camped in the Wichita Mount;aim. They wem said to have had appmxiMtely five thousand stolen horses in camp. Whether or not this was an ^^Dallas Herald. JUIy X. I865. Ramsdell, Reeomtmction in Texas. pp, 83-84. ^7t, A. Babb, In the Bosoa of the Cqaanches (Dallas: HargmavoB Frinting Company, 1923;, ppm-^. 68 DalXæ Hemld. Septeaber I6, I865. 92 oxaggemted mport, it aerved the purpme æ exeeUent pro- paganda in appeaXing for heXp. The paper whleh gave the m- port BunMd up the Bitmtion in thÍB aanmrs ítíS^* of eayaXry ia aueh needed on this frontier (Farker and Wise eounties), enã Xt it is mt pXæed them very aoon the eitiæm, we am toXd, wlXX be eompeXXed to abandon their hOHs*^ TWo weekB Xater the aaM paper mported that the Indiam wem ecHiitting depredations alnmt daily aXX over Farker Ccnmty axid ÍB acme parta of JohxuMm County, and that peopXe wem mvixig back into the mom ^ekXy popuXated parta of the oo«nty.70 Zn Novenber Hanilton nade an appæl for aid to Qeorge A. Cmter who eoaaanded the Texæ Cavalry. He deelamd that the area cemprisixig Fhxmin, Qmyson, axid Cook countios, os- peeiaUy, had been the scene of the very womt atrocities of the Xate mbeXXicm, that mve SnXon mn had been nurdemd in that ama than in axiy other, and that the principal leadem wem stilX them, openXy defsrixig the law and the authox*ity of the United States. He further declamd that them was m aUitary fome within 250 miXes of that secUon and asked hia, if he couXd poBBÍbly do so, to send a mgiMnt of moiinted men to that section at once. 71 Despite Hamilton's offorts to get military aid to the fmntler, very little wæ accomplished dui;*ixig the entire mconstmction period. mmmmmtmmmm^mmmi^mmmmmm^^mmmm^^^mi^^mm^mt^mÊmmmmmmmmmmmm^^^m^^^^^^^^mn • i B HW • • Í_ - «^^»ii^^w.-w^v^^^^^H^MWMMMMMMaMMMMMB ^^lbid.. Septeaber 23, IÔ65. "^^l^bid.. Octobcr 7, I865. '^Executlve Records, Register Book 281, pp. 123-124. 93 The cotton pmblea wæ om of t^ amt diffieult with imieh HanUton had to deaX. It had its beginnixig dur- ixig tlie war. It aig^t welX be eaXXed the oaxiibm prOblm beeame fron it aprang problem of aXX aortB. Zt invoXved the Megm, the qmBUon of Xabor, treæury agents, gemraX finamial emdition of the state, ar S other mlated pmbloM. When the war eXoaed a Xarge anount of eotton maained that had mt bæn æXd beeame them had bæn XittXe or no aax^cet for the X864 erop. An æeunuXation of aaxiy baXea had bæn aet æide æ Cmfc lemte govemaent tax and had mt been de- Xivered. teong the fimt ordem given upon hia arrivaX in Texaa, QemmX Qranger dimcted that aXX cotton belenging to the G^mfedemcy was to be tumed over to the quarteraæter's departmnt for ahipnent imtil pmper tmæury agenta arrived.^^ Sem of the citizem wem quiek to eoi^pXy, wheræa nany who maXXy pXanxied to tum in sueh cotton aaw no næd of hurry. Then them wem ot;hem perhapa who, aæing a chance to claim Bome of the eotton belonging to the Ccmfedemey, decided mt to tum it in. Vnáer amh circuMtaneeB, considemble con- fuBion arme over the owmrship of such pmperty after the treæury agenta t;ook over. Them ia no doubt but what fmud and theft wem pmctieed by SOM of the tmasury agents æ well as by the citiaens. Femons who wished to ahlp eotton from TmxBB were mquimd to give satisfactory pmof of legal '^^Officlal Rccords. War of Rebollion. Ser. 1, Vol. XLVZZZ, pp. 929-930. 94 owmnaiip, a mquireMnt that wæ often diffieuXt to Hot. Zn other eaæs the treæury agenta wouXd mt give peraita to tha peopXe to ehip the ætton but eapXeyed peræra to buy it at a redmed i^oe. €m Xmáj, of Red River County, aold four hundred baXes of eottcm for æveBt^«*five doUam a bale irtien the mguXar pi^æ wæ two himdmd doXXam. She wæ fomed to aeU bæauæ it had bæn æized by the treæury agentB.^^ Them ia m ætuaX my of provixig the trm aitmtion eoneem- ixig the diapcNUUon of the eotton, but the pæpXe wem very unhappy with the treaæry agenta and fiXed aany eeBqpXainta with the govemor. HædXton^ however, wæ in m pæiUon te mnødy the aitmtion, æ evidemed in the eonfXiot betweoB the nUitary and eiviX authorXUoB at Jefferacm whem the eivU authoritiea faUed in their attenpt to eontmX the troMury agenta.' At Xeæt om hiatoriaB hæ denounced a mjoori^ of the ageBta æ thievea who had the aupport of the nUitarys A horde of agenta of the Uhited Statea treæury Bwarned over the state æizing this cotton, and they took it all. Fc»r the most part, they were petty thieves axid their ræeaXXy transactiom wem of a shaMless chaLmcter, and wiien oaught ateaXing they eouXd eount on the øupport of the mamat aiXltary officer with whga they always æoMd to have a wozHcixig agreeaent.'^ The Negm pmblæ eaused nueh unmst during Haailtcm*8 afitBiniBtmtion. Not only wem the oolomd people confmed 73w. L. Fleming, DocuMntaxry History of Reoomtme- tion (Mew Yorkî Fster Smitii, 19^0), voi. i, Doc. 30. 11« ^ yh ' Haailton, Executive Correspondence. ''^^wharton, Tbxas Uhder Many Flage. Vol. IZ, p. 123. 95 over their newXy enfweed frædM, but æ wem the whites. The pXantem had Xooked up QaXveston on Septeaber 21, X865.^^ He began innediateXy to ap- pear befom eoXomd grcmpB to disoms their new statm and the ObXigatiom that wem expeeted of then. Hia gemmX mB^ Bage was that thm^ had been fræd and their ritfita wouXd be mapeoted; that they eouXd hoXd property the æM æ white peopXe and the saM Xaws that govemed white pmpXe Xikewiae appXied to then. He exhorted thna to enter into axid fuXfUX eontmeta, wamixig them that in eaæ of faiXum to do so, the niXitary wouXd me fome. He eauUoned then to be hcmeat, faithfuX, axid indmtricma, and mt to beeoM a burden on the govemMnt. 79 Durixig the fimt wæk of Oetober, Qmgory nade a tcmr of impeeUcm in AmUn axid Wæhixigtcm eounties, pmpamtory to appointing agæta at variom toimB. 8o On Oetober X2 he issued hia flmt cimuXar order to the Negrma in whieh he defix^ the aiaøicm of t^ FmedMn'B Bumau, aakixig it plain that i^ waa "^authorized not onXy to aet for thea and to ad- Judimte aXX eaees in idiich they wem eomemed if the civU oourta had faUed to vmnêev JmUee, but also to give thea aubøtantial pmtecUcm.** He tried to convince the fmedaen that the idea of pmperty division wæ absurd and would mt beecH a ræXity. He urged thea to camfuUy draw up contmota '^^lbid., Septertber 23, I865. '^DalXas HeraXd. October 7, I005. ^^Xbid., October X4, I865. 97 8x and mgiater then with the Bureau. A few weekB Xater a Xetter wæ pronuXgated fron the FmedMn's Buræu whieh de- eXared that the atate Xaws mXative to appmntieeahip wouXd be meogxiized provided m diatimticm of eoXor wae nade. Zt aXm dæXared that æeh eounty, pariah, townehip, or eity ahouXd provide for ita paiqpem. Vbgrant Xawa then in fome for fme peopXe wem to be extexided to the fmedmen.^^ Omgory Xeft QaXveaton Novenber 10 with Zmpeetor QemraX W. B. Strong to tour the eætem part of the atate, ædmvcu!*iBg to acquaint hlmeXf with the tme conâitiom, and at thm øaH tiH ti»ryixig to iapmæ up ^'^CXaud BXXiott, "FmedMn's Buræu in Texæ," South- piatoi*icaX CtoarterXy. Vol. XLVI (X952), pp. 2-3. ^^CiviXian and Oazette^ October 19, X865. ^%Uiott, 'FmedMn'B Burmu in Texas,** Xæ. eit.. p. 3. 98 and the aiek; to estabXish and maintain sehoolB for fmed- mn untiX a syaten of fme aehocls ecmld be naint;ained by the locaX govemaent; to pmteet XoyaX mfugæa axid to aæiat then in mtumixig to thelr homBi axid to adjudicate differ- ences betwæn Megroea or betwæn MegvomB axid whites when eivU authc»riUe8 faiXed to fimeUon.^ By Deeesiber oxily about tweXve Mn had bæn appointed æ XoeaX agenta, axid they wem Xoeated at the most iií^i*tant pointa in the interior. Zn other pXaæa the post eonnandem tried to carry on the work. Zn apite of thm ettortB of QemraX Qmgory and the Fmeãnen'8 Buræu, æ the faXX began to dmw to a eXoæ and aueh ot the erop waa atUl in the field, the peopXe began to show æriom aigm of iapatienee. Sime they wem aXso ex- peeting the Mbgroes to rlot for Xand at CShriataæ tiM, the lâiitea ænt aaxiy petiUom to HamUton pXeadixig that he do 85 ^ soMthing to fomatall such upriainga. On Deceaber o a Xarge âetaelnient of Ifoiited Statee eavaXry mæhed DalXæ on t^eir way to Qn^irøon County. The Negrms ecmgmgated in Xarge nu^bem on the banks of the river, axid with many deaon- øtmtiem of Joy, weXccxaed the soltílem as though they had bæn old friends. The Negroes believed that they had arriveâ to divide the whltea* pmperty among thea, and aany were long faeed and rueful when Jtm6 y were told that the goverxHnt had not planxie_—-d to — do so. ^^Hamilton, Bxecutive Cormspoxidence. ^^DaUæ HeraXd. December 19, I865. 99 9m Wmmtoa l^^mgvmxlx lirged thm peopXe to ahow a to « •mat mpkttt tmaæú thm æXomd vietiH who wem mt mapon* •IhXo tw t^xv mm eanmipaUen, and to mfmiB fron dovoXoip* 87 ing n mpíælt of hMUUty and blttæmm toward thm. Whm tho dimontæt had ræ^ehed alaraing pr^portiom, the govemor 1 I took atepa to raXlave the temion. On Movenher X7 he iæued^ æ addmæ to the Megrma and naUed it to the ehief jmUæO of enoh oøunty, mqmating that they eaU a næting of the eoXomâ peopXa and read hia Maaage to thm. Zn the addmæ ha iziforaod thm MigrmB táiat they laxøt go to work or be de- mimeeâ æ ertainaXa. < He imiated that they weuXd be fuz^ iiiahed mthing f rm the goverxanBt either at Chriatmæ or Xater, and if i^hey deatroyed the pz'operty of othem, they WQiad bo aovemXy pmiiahed. He further wazmd thm to m- i^^t their freedon: ""You am fme**-fræ to work for yøur-> æXvea axid to do rii^t. No raani a fme to do wrong and to H88 Xive vípm thm Xabom of othem. The purpme of the gover- nmv*B Maæge wæ two*foXd: flmt, he was trying to mXieve the Xabor ahortage by ahowixig the Negrms that they had to work for táieir Xiving; æcond, he was trying to Buppmæ any pXam that aiiíit be in the aaking to take the pmperty of the Idiites at ChriatMS. The foUowlng day, November 18, he issued a proclamtion giving the oltizem of each county the authority ^Htomton Telegraph. JuXy 7, X865. 88 ExecuUve Ræords, RegiBter Book 28X, pp. X29«X30. XOO to orgaxiiæ poXiæ fomea to aaintain eivU wder.^ Them ia m doubt that naxiy of thm tvmmåmn eipæted to be given BOM Xæd, but if they had pXæmd to uæ fome to ^tain it, sueh pXam did mt mteriaXim. Qmgory'a efforta to ^tain Xabor agrænenta betMen tkm fmednen axid pXaiitem eXinimted a great deaX of mppivehmmlmn on thm part ^ both partiea. Nany of the Negræs brougjtit into Texæ dhring the war had nade their way hom. Thme idio reaaixied began to nake omitræta 90 to ætUe down fc»r the winter. Chriøtaæ pææd without the ex;peeted upriaings. HaaiXtcm iaamd a j|^:*oeXamtiOB cm Oetober 7 mXaUve to api^ieatiom for apæiaX pardmi. After hm had axmoumed in hia addmæ of Septe»â>er U thm proeedum for obtaixiing apæiaX pardma, SOM of the peopXe in the "exeepted eXææs** wem mputed to have paid ocmaidembXe ØUH of aoney to in- fXmntiaX peraom who sni^ppmedXy had infXueme with the gov- 9X ezwr. When HôaUton wæ inforned of the prætiee, he im- MdiateXy iøømd a proeXamtion whieh mverbemtea the very apirit of hiB peraemXity: Z think pvopmv to say that while I aa æ ræ^ æ Mst mn to grant aXX reæcmablo mquests made by friexids, m man hæ aueh cXaim upon M, or infXuenoe over M, as to proeum a mconanendation in case vrhore Z am not satii^ fied that it is Mritoriom.^ ^^l^id.. pp. X32-X33. 90 RaMdeXX, Heeomtmcticm in TSxas^ p. 75. ^'''Accorâixig to the Aamsty Aet of Nay 29, Fmsident Johxiacm iiad pmaeribed that pemons seekixig pardon ahouXd have the mcommendation of a loyal man of high mpute. ^DaXXæ Herald. October 28, 1865. XOX He deeXared that whiXe he had m power to eontmX øueh agree- MBta and m diøpoalticm to interfem with then beyond the rlght and duty to pmteet hiaæXf fron unjmt XmpatmtXen, he wiahed to æsum the peUUMom that every doXXar med for that purpoæ ma ncmey xiædXeæXy opent. He inaiated that he wouXd æt \spm petiUcma with mfemnee enXy to the faeta and deeXamtiom aet fc rtdi aiwS the æeonpanyixig evideme of their tmth and abUity. He ecmtinued by æying that he wouXd eateen it a poor eonpXiMBt and an uBfriendXy act towarda hia for attwmya or othem **to give out or erwte the in- pmsBiom that their perænaX iBfXueme wouXd æeum or pvo-- Mte the ehamea of aueææ.** He then preeautioned petiUomm to enâ»mee in thmXv petitims such stateHnts whicrh, being tme, eonstituted a Jmt eXain to eXæiemy and to fumish proof of Bueh BtatoHnt^t auch præf being nade l^ an affida- vit of the petitiomr axid by the written cerUfiætea and teatiamiaXø of mopectabXe eitiæm. HaaUton than Uated the thixiga eaeh peUUon ahouXd answer. 93 At the beginxiing of HaaUton'a ai&djniBtraUcm the qmstion of XoyaXty verøm dialoyaXty wæ a amt diatorted cme. Them wæ often m tangibXe way of deteraining whether a pem^ wæ XeyaX or mt. Thking of the anmaty oath wæ the ©ost inportant teat but that did mt meeæarUy gi ^ran- tee complete XoyaXty. Háailton ænæd that nany of the people ^Vjid. X02 wem poaæaæd with anUbeXXiSB deXuaiom; aom feXt that peztnpa the govemMnt night eoiapexiøate thm fw the Xma of their aXavea; aoM feXt that the MOrth wouXd reaUæ the foXXy of fræing the sXaves and m-eatahXiii^ the imUtution; aeM, under eonpuXaion, had engaged in mbeUion agaimt the goveximxit; axid othem láio had wiUingXy taken part beeauæ of Ignomme or faXae tæehings wii^ied to mpent axid mnew their aXXogiame to the govemaent by appXying fov apeeiaX pmx&mm* Themfom, in an adclmBs to the peopXe HaaiXtcm diræted nmh of his renarka to thoæ eXææB of peopXe. Ae for the Morth, he æøured the peopXe that them had mwev been a cimaUm aime the aidtoption of the C omUtuticm of the Uhit^ States upon whieh a great aajority of the peopXe wem æ agræd æ tkm^ wem i;^;»on the eonvietion thmt aXavery had eeæed to exXat in the eouBtry. Ha mitemted that sXavery was dead fomver, and the onXy thing that the peopXe eouXd æmXy do wouXd be to give it a deænt burial axid eoneentmte upon the patriotie dut^ of heaXing the wounda eauæd by the war. He aaked t^ie peopXe to mcogxilze the fæt that Megroes wem fme and wem enUtXed to righta idiieh they couXd mt OBjc^ æ aXavea. To thoae who wem imhappy about the eoxidi- tion of the eount;ry, he urgeci that thmy make every effort to aMXiomte or vmm^m the exiating evilB, rcnainding thea that it mcpiimd XittXe talent to find fauXt and less ábillty to nurse ømh fauXt^ into oppositicm to the efforts of thoæ who mm Btrivixig to eliaimte the lingerixig camoB of diaeontent. 103 He begged then to subait to the better Juâgmnt of the Pmal- dent and to hi8 advlæm the beet intematB of the etate by going to work *ÍB good faith, and with hopefUX hearte, to møtom to TexM, ^ bXeaaix^ of reguXar ccmBUttttionaX govomMnt.'* m æsured then that they wouXd then be in a pæiUon to exemise their proper infXuenee in irtiaping the gemzmX poUey of ^e mtion.^ Moat of thm diræt ehazigeB of diaXoyaXty wem bæed on naXtmatMnt and aXXeged peræcution of Uhicm men. Vio- Xæee tenard the fræteen aXæ meeived a dieXoyaX tag. nven thoug^ both oeeurred, the offexidem were mt aXwayB thoæ hmUXe to thø FedemX goverxment, but mther aueh eharætem that tæk part in wide-spread diærder and Xawlessness that 95 pmvaiXed after thm bræk*^. Confedemte and Union mn as weXX M bXaekB wem often vietiH of nuMrom eriMB. Nevev* theXeæ, the mdiealB attributed alX such acta to the dialoyaX gmup idio ^m mt pmpared in good faith to abide by the 06 mauXta of the war.**^ The poor mail ayøtm wæ a gmat hlxidrame to the progmas of every ccmcem of the state. The aily mall that waø anyt^hixig near reguXar was the Xim from Qalvestcm to Waco and Houatcm, axxd that was carried by old eontmctom for what ^DaXXæ HeraXd. September 30, X865. 95 RaMdell, Reeomtmcticm in Texas. pp. 66-68. 96 •^Worthaa, A History of Texæ. Vol. V, p. 3, 104 they could get out of It. OnXy one wækXy prlvate aaiX went 97 m far æ Bonhæ," The xiorthem and eætem æetiom of the atate æm imXated æ far m aaiX ærviee wæ ecmærmd. SOM ot thm Um pomt offiæa that had been eBtabXiahed befom the war wem eXoæd during the atn^sgXe bemuæ of the ehwt- age of aaU route faeUiUea. A few aom eXoæd imediateXy after the war bemuæ the poatnætem ÍB eharge meeived mtieea t&v a ætUanent of arream.'^ During the fimt wæk in OetOber, Nr. Benjanin W. BmáXey, diatriet eXerk of Qmyæn County, said In a eomami- qm to the DaUaa HeraXd ^t hia ama wæ eut off fron the entim worXd æ far aa aaiX fæUitiea wem coneemed. He aaid a paper wæ mvev seen unXeæ a tmveXer happemd to toing om to town.^ The pæt offiæa mve oXowXy ræpexied upon petiUoB of the citizenB and æ ''eXigibXe" peopXe couXd xoo be found. On Moveaber X8 an editorlaX aaBured the peopXe that the departsMmt wæ axixicmB to m-eatablii^ other poet offieeø æ øocm æ the peopXe saw fit to make the moessary iOX meonMndaticmB. The eomtitutionaX ecmventicm wæ ccmBidered æ the eXimnx of the pmvisicmaX gov^i.^uent. Feople had begun to ^WM ^^ SepU^er 23, X865. ^Zbid.. October 7, I865. ^Zbid. •^^lbid.. November 18, I865. 101 105 Xoc^ formrd to the eonvention even befom the war had exided. BaaUton adaitted he had kxiown aoon af ter his arrivaX that the peopXe expeeted hia to eaXX the convention at an earXy XOÔ date. Bven the Fmsident ahowed aigm of inpatieme with HaaUtcm f^ hia deXay in oaXXing ttm ecmvention. He ænt a teXegrm cm Oetober 30 ækixig HaaUton to tranaait to hia the authentieated eopiea of the ordiiiameB and maoXutiom adopted by the ecmvention at the earXieat poæibXe date.^^^ MevertheXesa, HaaUton had hia own eonvieticmB abcmt when the eQsnventie«i ahcmXâ be eaXled. Zn hia addmaæa he had mpeat-. edXy eautiomd and uxged the pæpXe to taka the aamaty mth and mgiater æ votem becauæ Fmaident Johnscm'B præXaM- ticm of Msy 29 had pmæribed auch mguXations æ the m- duireaæta of quaXifieation for the eXætom axid deXegatea. The roglBtmtion of votem progmaæd aXowXy. SOM Beetimø of the state, of eouræ, did better than othem. SoM of the pecypXe wem mXuctant about taking the oath for fear it might intarfem with their chame of c^taixiixig govem- Mnt ecanpenæUon for the sXaves who had been fmed. Othem maXized that tkmy had foutfit a Xosing fXtfat, and sinee their own pXam hnd so utterXy faiXed, they wem perfeeUy wiXXing for someom eXse to eontmX the poXitieaX destixiies of the Btate. io4 B(F October X a mport froa QvByB^ Coonty ahowed ^Q^Zbid.. Septenber 30, X865. ^^•^^^HmmlXton, Executive CormBpondence. ^^CivUian and Qaætte, Oetober 11, X865. X06 that few pæpXe reaained who had mt taken the oath and regiBtered. Aa other favombXe mports caM in, the pmsses of the 8tate b<^pan prophæying an ianediate eaXX. On Noven- ber 15 HanUton iaaued the proeXaMUon imieh eaUed for an eXeetim to be heXd Jaimary 8, X866, for ehoæing deXegatea to the eonvenUmi which weuXd eonvem thir^ daya Xater.^^ Tmmm wæ the Xmt of the Southem Btatea to eaU aueh a eon. venticm, The ot^m had eonpXeted their rærganiaaUon and ænt repmæntaUves to Wæhington by December X, X865. A few úmym after iæuing the pmeXæatim, Haail^on wmte a Xong Xetter to the Fmaident ojqiXaining why he had mt eaXXed the eonvenUon aoomr. He <»q;imBæd SOM doubt æ t^ whether the peopXe wem yet mady to do Jmtiee in altering or anending the state ecmatituUm. He adaitted that tâ»e pæpXe Bemmmû to be gXad that they wem uxider the pmteeUm of the goverxsaent of the l^ted Statea and wem axixicmø to meeive its bemfitø, yet a grmt aaxiy feXt m eormapwidixig cibXigaUmø to aake the øXighteøt oærifice to smtain the govemmnt or itø poXiey. Even the Uhicm mn, he øaid, wem øom axid eos^ainixig. He stated that Møt of the peopXe meognized øXavery as beixig dead, but that he doubted whether aaxiy wem wUXing to grant to the freedMn their full rights. He cwtended, hewever, that though the ptíbUe mind wæ workixig alowly in eabmcixig the tmth, it was ^^^^BxeeuUve Recorda, Register Book a8X, pp. X24-X28. X07 going in the deaired dimcticm and wouXd be rig^t in BÍX aonth..^«« QemmXXy apeaking, XlttXe Xxitemat wæ taken in the eanpaign of the deXegates, henee, the voting was light. Hany of those who wem mgistered remixied away fron thm polla. Rain fell interaitteî Xy dwing the day, but the DaXXaa HeraXd ecmeXtided that the apathy of the votc^m mther than the .^ather m. l»«.ly re.pon.lbl. for th. sn^l vot..'<^ mmÊmimmm»mmmmmmm»ÊmtmmmmmmtmmmmmmimmmmimÊmmmmmimmmmmmmmmÊmmmmmm»maimmmmmmmmmimÊmmmÊammmmmmmmmmmmmmmmmÊmmmmmimmmmmmm.Êmmmmmm i i ii i i • ii i ni. Ibid., pp • X ^S'^l^T * ^^pqxæ HeraXd. Jaixuaxy I3t X866. CHAF1SR V HAMILTON AND THB CONVENTICm OP 1866 **Z aa axixiom to see you msuM the govemMnt, axid shalX mjoiee æ much as any white aan, when we am once aom in the Comtituti ^Bxecutive Records, Register Book 281, pp, 124-126. 108 109 but mither he mr his adviaem beXieved that the atate wæ pmpamd to naka the chaxigea meoBBary to imum a apeedy mstomtion to the Unicm. A Xetter to ttie Fmsident expXained hla rmaon for the deXay. He deeXared that the pæpXe had mt been ready aoomr to "ælimee and deeXam the tmth;^ that aany stiXl hoped for a pXan whemby the Megm aii^t be kept in BOM fora of bondage, depriving hia of pmtætion of Xife, Xiberty, axid property-«Mt to epeak of suffrage. He aXso expmaæd the fear that too aaxiy pæpXe acoepted the favor of the goverxaient as a Mtter of coume without feeling ax^ cormspoxidixig ObXigation on their part to aake æerifiee to sustain the govemMnt or ita poUey. Haailton had warmd thm peopXe fren thm beginxiixig of his asBÍgnHnt that the pub- Xie mixid ahouXd l>e dimeted to the gmat cxmaticmB upcm whieh the convention wouXd be calXed to act, in order that wiæ øoXuticma aii^t be affected. He aXæ had deelamd at that tiM that no eonvention would be called unUl the pæpXe had fræd theMeXves of anti-beXXum deXmiom axid wem in pmper fraM of mind to pXeáse allegiance to the Constitutiwi of the Uhited States by adopting Masums in ecmfozi&ity with the Fmsident's plan of mcomtmction.-' Loyal advisem objeeted to an earXy organizatlon of the state govemMnt becauBo the ^Zbid.. pp. 28-30. ^DaXXæ HeraXd. Septeaber XX, X865. xxo peopXe had been alow to mgiBter as votem. By the aidd e ôif Oetober only about half the nuaber of persons had been mgis- tered as there wem voters befom the war.^ This imetivity,' they argmd, was evidenee enough that the people wem still mbels at heart. Mévertheless, six mnths had passed since Háailtcm arrived as provisloml govemor, the eleetion for delegates had bæn held, axid the eapital eity was astir with excitoMnt as delegates began arriving ahead of schediae. A Dallas paper, as early as February 3, mportod that aany of the dele gateø froa the mrthern part of the øtate had paøøed thmugh the city the pmvious week on their way to Austin.^ Others had continued to aake their appearances as the dead line dmw near. At the desigmtod hour they asseabled in Repm- sentative HaXX to begin their work. HamiXton had admitted on pmviom occasiom that he meognized the varied sentiMnts and persomlitios of the people. The array of faces pmsented by the official mll call typified Just that. The radical Unioxiists believed that the mbel population should have no voice ir the govem- Mnt and should be subdued by those who had been loyal to the Fc Seml govemMnt. Aaoxig the Mre proainent Mmbers of this faction wem £. J. Davis of Webb County, I. A. Faschal of Bexar County, A. H. LatÍMr of Red River County, R. H. Taylor ^Civilian and Qazettes October 11, I865. SDaXias Heraldj February 3, I865. 111 of FhnxiiB OouB^, and B. Degemr of Bexar Oounty. The radi- oaX ameaaimiata wem aUXX mXmtant teward ælmowXedging defmt by the Union aray and aay have been a XittXe hopefuX that even yet thmXv purpmea aight be aeeoB^iXiahed. Amng thme nenbem wem amh faeea ae H, R. RunmlB of Bowie OouBty, J. W. Hendemon of Harria Coun^, and 0. M. Roberta of Snith County. The emærvative tMoniBta, mpmænted by sueh nen aa John Hamoek of TmviB County and X. B. Saundem of BeXX Oount^, favored yieXding pronpUy æ far as was neces- eary to obtain a apædy matomticm of the Btate to ita pXæe in the WaXon, yet they deaimd to do m Mre than exiough to mUaf^sr tUie nixiiam requireneBta of the FedemX goverxnMiBt. The eonærvative seceBBieniBtB, sueh as J. W« ThmckMrton of CkiXXiB County and Q. W. Joms of Waahington County, doBired to Bubordimte everything to the mBtomUon of noraaX mXa- 6 tiom with the Unicm. Throekmrton md voted agaimt Becee- aicm in the Cmvention of XQéX but had eæt hia lot with Texæ when Bhe Joined the Coxifedemcy. Them wem naxiy othem who had ærved in the Confederate ara^' for varioua maaom. MevertheXoBB, it wæ weXX for the convenUon that the Mjority of the deXegatea wem sufficiently nodemte to pmvent either of the extroM factiom fron gaixiing contml. In eonmnting upon the nenberahip, an editorial mview of the New York Evening Foat of Mamh 5 declamd that there wem a few 'crazy secessioxilsts'' in the Texas convention 'who ^FXake's BuXletin. Mamh 6, 1866. XX2 taXk now æ th^ aXwaya taXked and who, Xike a pameX of pnpplm barkiBg at the a imi, eontinm to defy the United Statea govemMnt—whieh tak^a m mtiee of thm.** FXake'a BuXXetin of QaXveaton qmted the cMlitoriaX and then mdXy Xanented the fhet that the '*few emzy aæeBBioniatB** xnateered marXy tmm^lâxXváB of the OOBVOBUM.^ HaaiXton had opUniatiealXy but eauUomXy auggested to Fmaident Jehnam that the pohXXo mXnâ wæ workixig sXowly g but perhapa in the right dimeUon. 'MLB wæ nanifeated thx mghottt the ææion but eapæiaUy in the pmliainarieB of orgaziisatieii. After thræ daya taie eonvenUon was organip æd mder the pmaideney of J. W. Throcknortrøi who diaplayed the apirit idileh Haailton had h^ped wmld pmvaU throughout ^ie couræ of the ccmvention. He deoXared that he waa will- ixig azid ready to do hia part to ahow the '*Morthem bmthmn** ttmt he wæ in gcmd faith axid diaposed to remw his allegiame to the Federal gc»verxa»nt. He pleaded with the group to show a Xikfi âiapmitions Let m bury upcm the aXtar of cmr ceraBon eount» ^^j^id. l4 Convention Jourml of 1866, Leathemoa^-^ ^f^ ^^^ History ofaT ^^Dallæ Herald, February 17, l866i Convention Jour- nal of I8b0, p. l^T XX5 ThroekMrton supported the origixiaX remXution. He beXieved that the mfusal to take the eonstitutioml mth would ixidieate to the North that thm people of Texæ wem Btill defiant axid dialoyal. The pmponenta of the vietoriom MHum amt have deeided the SSM thing when they had taken tiM to think it thmugh bæauæ on t^ foUowixig aemixig i^n the eonvention eetivexied, Hineoek mxiewed the qmstion X6 by ækixig that the vote cm the mæXution be meomidemd. 0. W. RaaødeXl, reecmstmetiein authority, aays that the m- actionariea had æted hætiXy axid after havixig tiM to mcon- aider their æUon, ttiey maXized it would never do for the xiewB to Bpmad over the eountry that the fimt aet of the oonventim had bæn an expmssicm of hostility and diømøpeet to the IftitÍonaX govemnent.^^ After Hancock'ø møoXution wæ earried by a vote of Bixty-nino to eleven, Pæehal offemd a maoXuticm providixig for the adminlstmtion of the mth t;o BUpport the Cîcmatitution of the ^ited StatoB. It WBB adopted thÍB tiM without oppmBXtXm. Q. A. BvertB, pmBidixig Judge of the Thirteenth JudiciaX Distriet, being pmænt, adainis- temd the pmicribed oath to the neabem. The addmas of HanUton was read by Secmtary of State J. H. BeXX at 10:00 o'eXoek, February 10.^^ Hamilton ^^Convention JourxiaX SL iSêêi. P* ^3. '^^RaMdelX, Reconstructi ^Qconvention Joumal of ^666, p. 20; ExecuUve Recorda, Regiater Book aox, pp. ibi-loSrT 117 To what axtent it ia esqpeeted by the peopXe, or aay be thomht i^per by you, to remdeX the CcmatituUm of tho itnto, Z do mt know. Mo om, however, ean doubt that it ia expeoted by the Fmaident, Congmæ, and the peopXe of the XtaXtmå Statea, that ømh ehanges wUl be nade in the organie law of t^a State, æ wiU nake it eonfora, in ita apirlt and primipXeø, to the ætuaX ehangea that attended the ptmgmaa of tha.late war, axid foXXoiwed the ovmvthvott øt the mbeUion.^ Tho Mæage apeeified eertain mquireMntø whieh amt be Mt by the eonvention befom a new goverxmnt wouXd be ao» tivated s the right of æeoBBim nmt be dexiied i thm state debt ereatMI durlng the war ahouXd be mpi^iated; the righta of the freedMn øhouXd be aade æeum; axid a proper aMxidMnt to the ComUtmticm ahouXd be aade to indieate that the pæpXe meog- niæd that øXavery wæ dead. HaaUton adaitted that he did not eaqpeet the entim aæi»ex*Bhip to agmo fuUy with his viewe, but he warmd that any XegiaXation for the purpoæ of xmXXi- f^fring the prcqpHsr effects of emancipaUon or for m-establiBh. ing aXavery wouXd deXay indefiniteXy the mtum of the state to ita pXaee in ttm îWLon. Theæ points had been aettXed upon by ot^er atate conventiom whoee orgaxiizatiom had bæn æeeptabXe to the Fmsident, t^emby, settixig speeific exanqpXes for ^e TexAB eonvrøtion, but a divergence of opinion was to be expæted cm t^ maimer in whieh theæ qmstiem wem to be BoXved as weXX as the aolution of certain mlated pmblems. j^ mld the seceøBÍcm ordlnanee be mpealed, declamd xiull axid void from its inceptlon, or null because the Confedemtes had ^lbid. ^Zbid. 1X8 loat the war? ShcmXd the war debt be nuXXified eonpXeteXy or ahouXd onXy certaln porUom of it be nuXXified? Should the Megm beeoM a cltizen and be given the rii^t to vote, and ahøuXd he be pemitted to teatifsr In the courta? Theæ w©m acsae of the aom vitaX q[matiom that fæed the deXegates whoæ oplnicma wem æ varied æ the winda. Fmviom addmaBeB of HanUtcm, however^ had Xeft nom of the deXegatea in doubt M to what the govexwr deaimd and expeeted. HtoiXtm eomXuded hia emvenUon addmas with an appeaX for aimem ei»c^mUcm: Z aincemXjr hope, &mtXmmÊn, that you wiXX tmui^tfuUy ccmaider imat iø me i^th of duty ai^ 8afety, axid tâiat your Xahc»ra may be inf XuætiaX to matom peaæ and tran- quUity t;o the cmmtvy^tmt a halXow, unBubBtantial m$ but a peæe, reaX and fruitfuX|^that aay redound r the pemaiient gXory of tâie mtion.*^ HiaÍlton*8 Mssage to the conventicm wæ meeived wlth mXmå ^i »tiom. The State Qazette was om of thm fimt to eeraMnt. It deelamd that on the whole the mssage wæ an able doctEMht whieh indieated a mom conseinfative æntiMnt Hian had been expeeted. It actedtted, however, that it was amcmg t^ mny who î>elieved táiat Injustiee had been done in 24 ^iayixig the eaXÎ for a ceaiventicm until this late day. It diaagræd wi^ Hamilton on the eligibillty of MBû>em, argu- ing that them wem no laws in existence fixing the qualifi- caticma for Mmbex's to a state convention sinee such aembem ^3ibid. ^Ttexæ State Qazette. February 13, I866. U9 wem mt eomidered æ state or Fedeml offiæm.^ The jN^ Itoi^ Tribum cimted parta of the speæh ai^ then added thia note: ^'MobXy øpoken thia, æ bæoMB ita XoyaX axid Xarge hærted author. Ai^ nowws wiU øæ how the ex-RebelB idio ruXe the Conventi^ wiXX mapond to it.** Zt euXogized BaaU- ^toin m the Unioniat who øtood fira in Cengmas aB a Uhioniat, went hem a Uhiimlat, reaaimd them a Uhimiiat until he had to fXæ fcur hia Xife, went Morth a l%iicmi8t and ap^ for tho Uhion, wnnt baek æ a HMoniat gemraX, and fix^Xy beeaM 26 Uhioxiiat provlaiomX govemor. FXaJto'a BuXletin endoræd MaaiXton'a øpæeh and pubXÍidied it in full. The BuUetin aXso carried the eXÍi^iiixig fron the New Yox4c Tribum and de- eXared that tm wide eimuXation of the apeeoh by the Northem 27 pmæ slicywed how hi^iXy the govemor wæ eBteemd. The ^inelximti Oajætte î»miæd the eonvention Msaage very highXy, quoting aueh of it. Zt aXæ Bptíkm of HaaiXton æ a mbXe eon- træt to the other pmviaicmaX govermm; that whiXe hia æaoeiatea in offiee wem eit^r newiy mconBtmcted mbela, or, at leæt, lukewarm Uhicmists, he remsimd an uneonditlonal Xoyaliat, heXng mver afraid or aahaMd of the faet beconlxig known. This paper also Imisted tmt Texæ wæ pmbably the nmt bitter mbel of the late Confederæy even though it had ^^Zbid.. February 15, 1366. ^C^ted in Flaice«s Sulletiii, March 16, 1866. 120 suffered less than thm other comrøuxiiUes eæt of the MiBBÍBaip- pi, axid that it wæ a known fæt that the woræ yiá:iXpsmú mbeXø wem tâia beat behaved. It pmiæd I&aniXtcm and blæted Tlexæ atiXX further by adding^ Texas is eertainXy the Xæt XoeaUty to whieh we wouXd Xook for diapXays of wiadon on qmatima of øoeiaX poXiey and aomXity. We think, however, t^t mve ænaibXe adviæ haa seXdon hmmn i^ven than was bestowed-Hfo trustâ mt mtimXy møted—oipoti the mbeX eomXave at AmUn.^ The Jezw3f Citar TÍMB earried a ^rmpaia of HaaUton'B mm^ BBge then turmd to pat hia on the bæk by saying, 'Wmm Qovermr HiaUton'ø Texan mig^ibom get to be aa XeyaX æ he ia, thoy wUX probabXy bæoM æ æmibXe in mfemme to this quesUon of Negm suffz^age.** The eonvention, apparentXy mt grætXy affeeted by HaaiXtcm'ø Møaage, emtinued to work aXowXy. On Nonday, February X2, it appointed æveraX speeiaX ooBHitteeB, æoign- ing to eaeh a teaigmted porUon of HaaUton'a Møæge to be øtii^ed axid cm mhXch meoaMxidaUom wem to be autttittod. The i^iirit of the grcmp was enXivened, however, when B. J. Davlø Mved that m person excepted f rom the æmaty BhouXd be enUUed to a aeat in the convention imtiX pardoned by t^ Fmaident.^^ Harøilton had dwelled aOHntarUy but fomeabXy m thia Bubjeet in hia addmæ on Saturday. At that tiH he 28 Quoted in FXake's Bulletin, June 20, 1866. ^Zbid.. Jum 29, XQ66. SQcaxivantion Jcmmal of I866. PP. 29-30. 121 had mid he knew that them wem aeabem pmaent who had mt obtaixied amh pardom axid it waa with mgmt that he had bæn forc^ to Mntion it. Defexiding hia acticm, he æid, **Z did what Z beXieved to be ny duty when Z deelared in ay proeXaMticm of the X5th of Movæber, that øueh pemom wem u3X mt eXiglbXe æ doXegatm to the Convention." His deeXam- UM WM XargeXy the oauæ of Davls* mæXution. Bx-Oovermr J. F. B ideræB iaMdiateXy offered a subatitute msoXution to mfer thm eredentiaXa of aXX MBd>em to the Comaittee on FriviXegee and BXæticmø. Then it waa aoved axid adopted that both the originaX and subsUtute mæXutiom be mfermd to the cemittæ with imtmetiom to mport as soon as posBi- bXe. The fimt wæk of the ecmvention eaM to a eXme with very XitUa æeei^XiBheâ. Though Háailton had Mntiened that thm oalX had mt COM earXier largely became of a Xack of fundø, the deXegatea did mt eeem to be in a hurry to ættXe down to bmimBB. Sinee them appeared to be m attitude of aggmaøivemBS, very XittXe disæntion had developed. A cor- møpondent frerø tto ^^tm TteXegraph deærlbed the proeeed- inga æ foXXowa: Z aa haimy to say, that a apirit of good feeling, haziaony, and ecmeUiation mrvadoB tm whoXe body, Baye a few ex- oepUom. Thoae that æea proapted by a deaim mther to 3^13allæ Herold, February 24, X866; Executive Records, Regiater Boo c^i, pp. 16X-X69. ^^DaXXæ ^eraXd. February 24, X866. 122 axoite than to aXXay diffieuXUea anâ diffemmeø am mpidXy Xmixig weii^t axid e(maidemUon, axid wUX socm find thmæXveB without friends. The cormaponâent predieted that the convention wæ Jmt about mady to go to wcwrtc in earmat.^^ "Rm eonventioB ætUed down for buaimæ during the aeecmd wæk æ predioted. The Cennittæ on Frivileges and BXeeUom eaXXed befom it the deXegates whose eXigibUity wem in qmation. ThmBe mn ineXuded H. R. RunneXa of Bowie Cøunty, T. N. WauX of QonzaXes County, John ImXand of Quada* Xupe County, axid J. W. WhitfieXd of Lavæa Ckmnty. HaaUton pmauaabXy eoayiXied with the eonnittæ's reqmat that he conmunieate by teXegmph with the Pmsident comemixig the mtter sime it wæ fotixid that the appXioatiom of the mn in qmoUon had been endoræd by the govermr but mt aeted upon by the Fmsident. The æiábem wem given the right to 34 mtain tUieir æata pendixig the aetion of the Fmøident. On February 13, HamiXton mceived a teXegran fron Fmsident Johnøcm i^ch aounded a wamixig to the deXegatea. He deeXamd it to be of utmoat iaportanee that the procædinga of the cmvenUon be prudent and of the most tmmpermtQ char- aeter, Indieatixig XoyaXty and wUXingmss to ackxiewXedge tho øupmMcy of the Comtitution axid of obedience to the Xawa of the United Stateø. He imiøted that what vræ dom in Téxæ ^^convention Joumal of X866^ pp. 29-30. ^lbid., pp. 42-48. X23 niglht deteraim whether or mt the XoyaX repmøoatativeø fron the other Southem øtatea æ woU æ Texæ night **take their aeata in the C^meiX of the NaUcm.'*^ Fmsident John- Bon reaXized that the radioaXa in Ccmgmæ wem ga1.nl ng in pewer every day and that onXy a mpentative mport fron the eOBvention wouXd be aeæpted by thm. Johmon'a telegmn nay have pXayed BOM part in Btinu- Xatix^ aotivity in the ecmvenUon. On the saM day it wæ mceived, the qmstion on the ordixiame of æceaaion wæ in- trodmed. HHUton beXieved that m cofistituticmaX or XegaX right of æeeæicm exiated at aXX and that aXX wrcmge eouXd 36 be ætUed wlthin the Union. He believed hie idcMUi oMforaed to thoæ of the FmBident æ weXX aa Ccmgmæ, axid he had wamed in hia Mæage that the right of aeceæicm had to be dexiied in order for the work of the convenUcm to be æeeptM S] Ttmve can be m doubt that it ia expeet;ed by t;he eountry that ycm wUX ei^ræe within t^ Bcopm of your æticm, a eXear and msq^XoXt deniaX, « • .of the right of Texæ to aæede or withdmw fron the FederaX Unicm; a rigjht æøuned by an unauthorlæd and mvoXuUomry body of MH in X86X, aitting hem in thia haXX; a right then inv^d to Jmtify rebsllion agaimt the fme and pamntal govemnent in- stituted by ti^he patriot simB of '76, and iuøtly oeteeMd as the beøt hopeø of frædon in the world.^* Haailton pointed out that althoui^ the qmation of æeesBion ^^Kaniltcm, ExeeuUve Cormspondence. 36 •^CoiymssionaX Qlohe, 36th (^ng., 2nd Sess., Vol, 30, Ft. 2, Appendlix, pp. 17^-178. -"'Cimvention Jourxuti or ICDO. p. 20; DalXaa february 24, I860; Bxecutive Recoma, Regiater Book X6X-X69. X24 had aXmady bæn declded by the aword, an aequiæeenee to what had been dom and suithbXe guarantæa for the futum wouXd be meesaary. A. H. LatiMr of Red Rlver County introdueed ttm mø- oXution whieh deeXared the ordixiame and aXX aets axid proeæd- Ingø of the convention of X86l null axid void and denied the 38 atate the right of eøeeæicm.'^ A range of opinicmø øMrged anmg the delegates on thlø questicm. Cm view, led by Saimdem, waa that t^e right of æcession had mver existed. Amther view, introdueed by Hendemon axid chas^omd by C. A. fmaier and H. A« Heeves wæ that it was at leæt an opæ ^(MmUcm untU it had been ættXed by war. StUX amther viifw mm that øeeeæion had been iXXegal fvom the begixining, heme, xiuU axid vold when adopted in l86l. Sinee Haailton had atated that the emiventicm must dæy the right of seces- aion in ^aueh a fora as nay seem to you to be proper, * the æeesaionists, themfwe, aeug^t all possible meam of Jmtip* f^ng their acti^ms in X86X. After a month or wcre of dis- oumion, t;he Maaum wæ pæsed which deeXared the act of Bôceøsion null antí void without any dimct mfemme to ita initial atatm. Zt alao mnouxiced the right of æeoBBion aa pmviouBly elained by Texæ. 39 ^Convention Journal of 1866, p. 35 ^Conventio39, n JoumaX c)f. 1866, pp. 183-184; RaMdell, RAConBtmction in JSgaBj pp. 95-9^. 125 Many of the ^ ixiÍUo contendei*s mve very unhappy about the paaaage of the Mæum. They had eonfermd fm- quentXy whiXe the qmBtiosn wæ under ecmaiâemtien. FoXXow* ing the pasaage of the maoXuUon, some twenty of thmm mt in the offiee of Seemtary of State BeXX to pXan their mxt Mve. Sonæm euggeated the tiM had COM for the Uhion Mn to broak up the ecmvention. Zn the coiu^ee of their diaem- Biesi they deeided to øæk HÉaiXton^ø adviee. BeXX went for the govemor axid brcmijht hia befom the groi;qp. HamiXtm wcmXd mt eenait himelf, but he told them it would be hiø æered duty to noUfy the Fmøident of their aetion at cmee ahould they deeide to earry through with their pXam. When mmkmú if he wouXd eaXX amther eonvention, HaaUton mpXied that he wouXd be fomed to abide by the Fmøident's imtme- 40 tiem ccmeemini the Mtter. The VnXon deXegatOB deeided to aequieøoe. HMÍXton wæ pmbabXy movm eoncemed with what the eonvention would do about the atatm of the Negm than any otÂier question. He malized that the peopXe had not ehanged their attitudes eomeming l^ colored mee and that thme changes that had taken plaee toward the sXavea wem the m- øuXts of fome and not eomcience. He had tried to iapmaa upcm the pubXie mind, by aetion as weXX æ word, that the goverment must aclcnowXedge the rights of the Megm. He had adaitted that the convenUon had bæn eaXXed no aoomr be- ^QFlake'0 BuXXetin. May 23, X866. X26 oaum he feared thm poofXe mm mt yet ahXê to grant tho rdghta to the frædtaan thmt mvm næeøøary. Bia eoBvæUOB nddrma of Febmary XO had eXoarXy portrayed hia anjdoty for the Msgro eamo, yet hla imtmetiom had beøB given æ thoiui^ he expeeted then aXX to be homred. He thanked Qod ^t the govomMnt of Amriea wæ a white aan'a govemnent and horpod that it wouXd mvmv eeaæ to be Jmt tdiat. Yet, ÍMi aavkMMl, auoh a govemMnt ahouXd mt exeXude the bXaek aan fmn ita bemfita and fomvw bar hin fron thm exemiæ of pc»UUeaX rl#ita. Zt wm liia adviæ that the eonvenUon pmvide in tlie organie Xaw that the Megm ahouXd cmjey eivU ri#itø im an oq;uaUty with thm i^te nan; that the Megm'a poUUml ji^viXagjea ahouXd mt éepezid upon the aeeldmt of hirt^ er eoXor. Hs ecmtenideâ that it wouXd be eæy to fix fuaufioatlom for the right of æffrage æ wouXd be ætla- fætory to the mtion and yét in m dk«ræ detrinætaX to the intemata of the peopXe of Texæ. Bj thiø he adnitted ttiat he êXâ mt cmiøider the average Møgm quaXified to ex- emiae the ri^t to vote, but amh quaUfiwUom ahouXd be determixied by atandaz^ mther than eoXor or ræei I do not beXieve that the græt aæa of the fmedaen in* our aidat am qptaUf iod by their inteUigeBæ to exereiæ the right of auffmge, and Z do mt deøim to aæ thia ixrivUege eonferred upon thm. . . . Z wouXd mt be îãlXing to deprive any aan, who iø ouaXified uxider exiat- ing XawB to vote, of the exemiæ of ^t orivUege in thefutum; but Z beXieve it wooXd be wlae to reguXate tm quaXlfieaUom of thæe idio am to beeona votem hereafter by ruXea of univerBaX ap^XÍoaUon.'^-'' euUve Reærda, Regiatar Book 28X, pp« X6X-X69. X27 He aXao wamed the eonvention agaimt axiy legiBlation whieh would kæp the ex-alave depexident upcm hia fozwr MBter. LæUy, he imiøted that Cteigmøø would moiøt axiy øyøtæ of lawø intended to deprive the Negm of the actual fruitø of Xiberty* Opixiionø eomeming the Megm qmøtion varied fron om extmM to tho other. The radieaXs favored fuXX exifran- chiørøentrOf the Megm axid the eonferring upon hia of aXI eivU rightMi. They aXæ ocmtended for the adaisaion of his teatiMH^ in eourtø in aXX eases under the SSM ruXea that gøvemed the white. ilsaong the mst radieal of thia grcmp wæ B. Degemr, a Qeraan of San Antoxiio, who mnt to the extroM with his ideas. On om ooeæicm he spoke for several ainutes defendlxig the righta of the Magm. totil this tiM, if Haail- ton had been hemlded as the champion of the Megm cause by the Bæesaloxiists, sumly Degemr stole the title as he voiced hiB opixiion: Aø the eloud of igmranee and oppmøøion by whieh they Ípégroefl have so loxig been overshadowed is gradually dløpeXXed by educaticm and the ehange In pubXie aenti- Mnt, they wiXl enter into alX the industrial andbusl- ness pumuitø of our peopXe, and thm beceme a pewer in t;he St;ate, whose pmsence and influence demand that we shouXd deal Jmtly by these people, that our laws Bhould extend to them ample pmtection, that we should extend to thea the hand of kXndmsB, encourage thelr efforts toward elevatlon, and do whatever may b^gnecessary to nake them good and useful citlzem. . . Regardless of Hamilton's instmctiom to the conven- tion concemixig the Negm, many wem bitterly oppoæd to ^^Convention Joumal of 1866, p. 81. X28 granting hia any poXÍUeaX ri^ta. M. T. Johnæn of Thrrant Coont^ puhXieXy deeXared hla ^ipoaition to ømh rightø and imiated that thm Megm lúiouXâ be aade to work by unifora 4^ Xawa mguXating pa»^riH, Xabor, and ai^imntioei^p.^ W. C. DaXryns^e of WUXiHæn and Tmvia eounUea dæXared that hm eomoded mthing to the Negrma but the øtatim of *'hewem of wood and dmwem of xmtmp,^ and that he wæ oppoæd to Megm inffmge in whntover fom or wl^ i^tever Xiaitaticme it 44 aii^t hm pmpoæd* Thoui^ he aade thia atateaMnt befom t^ eonventim æænhXed, he wæ fuUy awam of HæiXtcm'B ideæ. Many of the deXi^tea with opiiiiom BiniXar to thme of Johnacm axid øaXxTnpXe hoped to overruXe HanUton'a imtrue- Uem mXative to Negm XegiBlation. HanUtcm mpi^cwmá axid eennenâed Jc^ H. Reagan, a Ckmfedemte prisomr, for having tried to wam the peopXe of i^t to expeet. In a Xetter that nmt of tho deXegatea had read or mard diæmæd, Reagan had imiøted that t^ Btate ooeupied the e HaaUton'ø idæø c^omeming Magm øuffrage wem aiai- Inr to thoæ of Fmaident Johnacm who, in expmæixig hia vlewa of Megm øuffrage in a Xetter to Qovemor W. L, Shark^ of Miæiæippi, had øuggeøted that eXeetlve fmmhiæ be ex- tended to aU perema of eoXm^ tAm eouXd mad the ComUtu- tion of the Hnited Statea in BngUøh and write tâielr xnmeB and to aU perøom wm owxied reaX estate vaXmd at mt Xeaa than $250 and paid taxæ thereon. % doing æ, Fmaident // Mimwm ar^gued tâiat it wouXd eoaq^XeteXy diøara the advorøary 46 and set an exanpXe the otâier states wouxd fouew. GQtivenUon Fmaidont Throekai »*ton toc^ a defixiite axid fim øtaxid cm the Megm qmøtloa æ the debatea deveXoped. Hi beXleved that the Megm øhouXd be aXXowed to t;eaUf^ oxay in eaæø in whieh he wæ ixivoXved, but to yleXd further ^wouXd be an entenjig wedge to the adniMlon of Megroæ cm Juzdoø, mxiá finaXly to eenpiete BoeiaX axid poUUeaX equaXity,^ He teeXared further that if it wem meeaBary for Taxæ to gmnt additlonaX i?ig|ita thmn thoæ in order to be matomd to hor pXaee in the l^on, then she shouXd øtay out. 47' John Haneoek, ehairaan of the Gkaimittæ on QemmX Frcyvlaicma, gave a mport on February 17, at wtiieh tiM he pmaented a mæXution cm øXavery whlch pr<»vided for the foUowixig: that aXavery øhcmXd not exiøt in the øtate; that ^FXenixig, Doeunentary History of RecomtmcUon. VoX. Z, No. X77. ^''^BXXiott, Læthemoat. pp. 111-112. 130 ^ie frædMn axid their deseendants ehouXd be pmtected axid æeured in their ri^ta of pemon and pmper^; that they ^ouXa mt be imhibited on æeount of eolor or mee to teø* tify BO witmøæa in any eæe, eiviX or erininaX, invoXvixig thm right CMT, or iiijury to any of ^im, in perøon or propez*^; and that the XeglaXatum øhouXd have power to authoriæ thøn to tmt;lf^ æ witoeæeø in aXX eaæø under the mguXaUom æt forth. 48 ThiB mæXutieti wæ the beginning of a Xong axid timsoM period of debate in whieh varieua deXegates tried to defim the rii^ta of t^ Megm. ReæXuUona after mæXu- Uom wem offered oxiXy to be tua>Xed. The delegatea did mt æea to eam iduit Haailton and Johxiæn thou^t. Texæ peopXe, gttnemUy, wem mt mady for Negm auffrage and HanUton*8 propoøaXø wem mt foXXowed. Aa fixiaXXy adopted on Maroh 27, thm c»Hliname pmvided for the ífegm to be pXæed on equaXity wlth thm léiitæ onXy in eæes whem the criM wæ agaimt om of hia own ræe. Zn other caæs the XegiaXatum wæ authoriMd to mguXate his teatlnony.^^ The question of pubXie debt was mt so diffieuXt æ them wæ XittXe hesitation to mpudiate it, the mjo-ity being wiXXixig even to eaneeX aXX the state debt ineia*md betwæn January 28, X86X, and Augmt 5, I865. Hamllton had deeXamd that he objected to paylr-g that which wæ emated ^^DaXXas HeraXd. March 3, 1Ô66. ^RR.« F. N. QaamXQaaHl,, LawB-pLawø-Off Tejcæ (Amtin: QaaHl Book Stom , x9ox), voi. V, 57T8rr ''^':.k 131 in Buiq^rt of the war fer æveral ræøcmBi in the fimt pXaee, it waa uBjmt to XoyaX oitimm and enigranta idio night ættXe within tte state; seeond, to provide for the payMnt wouXd be Jmtifieation øf thm war; and third, to pmvide for aueh payMnt wouXd be very offemive to the 50 FederaX governMnt. 9y the tiM the debt qmBtionJwæ being debated, aaxiy deXegatea, feelixig that they eould mt mecmeile thea « æXvea to HaaUton'a viewB, beeaM even mve antagoniBtie toward hiB meoaMndations, regardXess of the prOblM. The ^nPOøiUcm to mpudiation argmd that aHt of the aoouaulated debt wæ for eivil ærviee and fmntier defexiæ, and that the FedemX goverraent had mt required mpudiaUon froa the other Southera statea. The radioalB led by Saundem argued that amt of the tremury warranta had been iaamd in pXaiB vioXaticm of the Conatitution of 1845, the bulk of whieh had faXXen int;o the hands of apeeuXatorB who had ahirked their duty âuring the war, They aXao argued that Btate authoritiea had mekXeæXy piXed up the debt, the payMnt of whieh wouXd bankmpt the state. They further argued that auoh of the debt had been uaed by mguXatom to pmæeute loyal c^.lzens of the Uhited Statea.^-^ On Mamh 15, the cpieBtiOB wae dis- pmed of by the adoption of the origixiaX maoXution pmvidixig ^^^Executive Records, Rcgister Book 28l, pp. I61-I69. ^^RaMdell, Recomtruction in Texæ. pp. IOI-IO3. 132 for the mpudiation of mt cmly thm debt eamed by the sup- port of the Confedemey but aXæ the eiviX debt for the sam 52 period. Amng the routine items pææd to metom the eivU goverxfflient wæ the meognition of certain ætø of ttm govem^ Mnt ils^ faeto æ it exiated durlng the war. Many næoBBary traximeticmø wem aade during the ecmfliet øueh æ the ex- ohange of prc^rt^, ættling of eatatea, aaking of cmtmeta, emu*t dæiaiom, aarriai^ mlatiom, birth meordings, ete., whieh would be to the beet intemBtB of the peopXe to meog- niæ æ XegaX. HaaiXton had adopted aXready the poXiey of meogiiiaing æ vaUd aueh acta and lawa æ wem mt in e ^^Convention Joumal of 1866^ p. 190. 133 deelared æ valid axid bindlxig; that aXX ordinanæa, mæXu* Uons, axid proeædinga of the Seeemion ConvenUon of I86l wem null and void; that eertain aets of the XegiBXatum mXaUve to the war wem amxttUeâ; that m suit or pmseeu- Uon ahouXd be mintaimd or meovered agaimt any peraon who had bæn eonpeXXed to deXiver ^xp property or noney heXd by then to Ccmfedemte Statea* ræeivers; that m peracm wæ "to be Bxmú Xn any oiviX ætion, mr proæeuted in any erin- ixiaX proæeding, fc«* or on æeount of any æiøum, saXe, ia- pmanent, or injury to preper^ or pemon, or other æt dcme øinee the aeeond day of February, X86l, by virtue or in pumuanee of allitary or eivil authcn?ity given by the Confed- emte Statea Qovezment or by thia State, or in pumuanee of ordem given by any peræn veated with emh authority. . . . '^^ ThiB Masum displeæed Haailtwi mm than any other taken by t^ eonventlm. The part that ixifuriated hia was the deniaX of the rii^t to proæeute thoæ who had eeaBd.tted atræities under ordem of the Confedemte authority. For- tumtely, he wæ given an opportunity to unload hia wmth on thoæ mapcmøible for the legielation. Aø a Mtter of cour- teay, he was invited to addmøø the convention Jmt befom it elmed. The radieaXø had Mt in caucæee and mapped their oaapaign stmtegy for the eoming eleeticm. Fecrful that Haa- iXton adght aay aoMthing in hiB addmaa detriMntal to the 53'OHHl , 2£. eit., pp. 842-843. 13* eauæ in thm for^oning eXætimi, they adviaed hin to make a poXite^ klnâ, axid eoneUiatory addmaB. Zt wæ mported that HaaUton græted the Megrms i^o ttowged the eenven- tion bttUding to eæ and hear hia on Mareh 3X with '*bowing and øaUoB m ha went with aXX that bXan^æ of aanmr uauaXXy exhibited hy a popuXar pubXie aan in pmæme of an æænibXage of inteUigent white pæpXe.**^ Bdamgardixig the adviee of hia friexidB in the eonven- tion, RiaiXtcm unXeæhed hia fury in hie MBaage. Hé criti- eized the entim work of the eonvention, deeXaring that it had XegiaXated ''idioXesale mbbery and aurder throughout the Xaxut.** He had vmtevence to the Masum validating the acts durixig the mr that wem not in violation of the Conatitu- ticm of l^ Uhited Statea. He deelared it to be axiythixig but a peæe MMum. A Masum of peaee! Doea it bring peæe to the bemaved hearti mde deæXate by auch deedB? Xt brixigB m peace. Mo, xume, exeept to the haart^a of the malefætom who perpetmted theæ deeds.55 He ridieiaed the rneabem for æting without his adviee and accuæd thæ of thixiking of the goverxment æ being a little agemy, ønaXXer than any primipaX. He deeXared that the omø mapcmøibXe for paæing the Mæum wem the onea who had æized private pr^rty and æXd it; that it was they imo had uæd their inflmnce to drive friends of the Uxiion ^DaXXas Herald. May 13# 1866. ?^Sfliithom Intelligencer. May 24, 1866. 135 out of the eøuntry and had æiæd eattle, horæs, nuXea, and houæhoXd gooda even down to the mat næeasary and deUmte •røondagea of feaaXe awamX and aoXd aXX at pubXie aueUon; axid beeauæ they had aeted under authority, the ecmventlon had pæaed XegiaXation deaigmd to pmteet thea. HaaUton vowed that mmh aaXefaotom wouXd be eaUed to an æeouBt s Just æ 8iu:*e æ the øun is øhining in the hæven above UB, FOtt have to ættXe with the peopXe and ahaXX answer to tåcMii and if Qod apams ay Xife, Z wiXl go befom then and aake thmm mn answer.^ HaaUtcm then wazmd thea that the woz^ of the eon- vmitXmi WH by m mam fixiaX. Bm dæXared that Coxigmss wouXd be the Ju^ge as to iiâfiether or mt the deXegates had orgaxiiæd a mpubXiean fora of govemMnt, axid if not, the øtate wouXd mt be adaitted. He predietc S thmt when CongmsB Xooked at t^ir aotion tC9ward the NegrmB, it wouXd my, "He øhaXX mt vote but he øhaXX be taxed to edueate ycntr ehUdren. ft Then HaaiXton i^outed a voXXey of cpjeøtiom and anøwemt Do you thixik they wiXl øay that ia mpublieaxiin? That it la træting alX cXaaæB ecpiaXly and juetXy? They am not goixi^ to say so. Oiey wUl aake you fæl tíiey have some power aiwl ccmtml. They will,-understand exactXy what you man by what you did.^» HáaiXton's addmss pmvided good caiiqpaign MteriaX for the eomervativc nembem in the state eleeticmB that the e^vention had æt for the læt part of Jum, The Southem Inte^ligeneer deelared the oonvention mporter Ymá BO badly 56 "^lbid. 57 Xbid. 136 diatorted the wording of the addmaB that it had been mæa- aary to mtum it to HwiUtcm for eormetion befom it ccmld be pubXiahed.5® The Tmxmm State Qaætte ridieuXed the Southem InteX- Xjgeneer for itø aecuaaUøn. Zt deelared t^t the øpæeh had bæn cormctXy mported. Zt aXoo (!^Xared that ecmærvative mmsdmvB of the ccmvenUon had been denied eopiæ of the ad- dmsa hy thm reporter, aeting under ordem fron Qoveraor HaffilXton, The Texæ State Qaætte imlxmated that the m- pørter had hmmn bought off, that aetuaXly the pubXimtion of the Mæage had never bæn intended, and that the reaaon for ita evíppvmmXon was that in HanUtcm's fit of anger he had truXy mnåmmmû mdieaXiH, supporting the poXiey advoeated l>y "^Simer, FhUXipø and Cenpany." It also eXalaed that E. M. Feaæ, ^ie mdieaX xieninæ for govemor, haul wrlthed under the sting of the Mssage like a aerpent in convulsiom be* ca^xme he malized that it souxidtod the death kmlX for hia 59 party and wouXd destroy hiB ehancoB of eleetion. Thm Texæ State Qaætte eonUnued to uae the 'badly mported** speech throujg^ severaX iBSues as a eaapaign slogan for the comer- vatives, Cm of the final æts of the ooxiventicm whieh pleased Hamllton was the agmement to pay to the estate of the late ^Zbld.. May 19, 1866. ^Texæ State Qazette. May 19, 1866, 137 Govemor Saa Bomton the aaXary for that portion of hia un- •xplred tem after Mareh 4, X86l, wh«n he wæ reaoved fron offioe for fnUuro to taka the mth of aUegiame to the new Btate goverxaaent. in thia eonnectlon Qovermr &ndlton wmte a Xetter to Mm. Homtoa, mtiHrlng her of the æticm of the emivenUon ia mt OBly arømpriatixig acm^ for her hmband'a unnxpired tera but also in adopting a mBOluUcm of mspæt to hia. BwaUton aaid he had bæn reqmated by the ecmven- tXon to pvocxxve and pXæe in Repmæntative HmXX a fuXX Xength portmit of Homton to ""eonneMmte hlø diøtinguiøhed ærviæø and perpetmte hla MMry." Ha expmaæd great pXeæum that at Xæt HomtOB's Xate eneniea had bæn conpeXXed to aeknowX- 6x edge hla eninent abUity. A nunher of other Masumø wem paøæd with Xittle or m diæenUcm. Befom the ecmvenUon adjoumed cm April 2, a eonmittæ eoBipoæd of four delegateø wæ appointc S to con- vey to the Fmaident the møuXta of the ecmvention and, aø om hiøtorian aays, "^to endeavcn:* to iaq;>mæ upon the mtional authoriUes the«loyal axid paeifie disposition of the people 62 of Texæ." Sinee t;he comervatives had cmtxiuBâ>emd the raâioala of either extreM, the møults of the convention wero mgarded 60 QaaMl, 0£. cit., p. 903. 61 HaaUton, Bxecutive Cormapondonce. 62 _ Raaødell, Recomtmction in Texaø. p. I06. X38 B« being mther ænærvaUve in mtum. The radieaX newa- papem wem ærid in tawiir oritioiøH, deeXaring that the eonvonUon had ctom thingø it øhouXâ mt have dom and Xeft mdcmo thinn i^eh it øhouXd have dcme. The â|n Antcmio ^W^BL erlUeiæd thm eeonony of the ænventimi by øaying ^t the doXegateB had úmm nothing but øtay in æmion and vote thraæXveø eiaíit doUam per di^r.^^ JS^ î|gw Yoz^ TÍMØ of March 5, in cenMnting on the eei^aition of tm æaber- Bhip of t*i« ecmvention, had predioted that the aouxid oounæl of HHUtcm wouXd pmvaiX in apite of the aaXæntætB, whoæ 64 power in the Soutdh was broksn, but FXato'a BuXXetin of Mareh X7 anawemd by æying that it had aæn m evidence of ttie hmkæ power of the aaXeontenta.^ The eOBventicm wæ om of the biggoat disappointmenta in HaaUton's pubXie eamer. He had riaked hia Xife, en- dured æpamUcm fron his faaily, and suffored slander and ahuæ beeauæ he had 8ii»>m and stiU felt his allegiance to the Comtitution of the tM,ted States. He had mtumed to Texm erowxied with authority derived from the Fmaident, axid he was determimd tliat the prlmipXeø for whieh he had con- texided thmughout the war wouXd be eabodied in the mviæd eomtitution, EspeciaXXy was he concemed with the i^^egm 63 Quoted by Texas State Qaætte. May 5, X866. 64 Quoted by Flake's BuUetin. Mamh 17, 1866. ^^Zbid. 139 protoXea, Throui^iout hls tera aa proviaionaX govemor he had ntrlved to eonvime ^m peopXe that aXavery was dead and thnt the Megm had to be ræogniæd in his vXOitB. When he had at Xæt given the peopXe a ehance to exemise their power of dæiaiTO, ^smsy had falXed to hmmú his imtmeUcms. Dur- Ing the earXier part of ttm emvmtion he wæ quoted æ øtatixig that the deXe^tes wem doing æ well as eouXd be 66 expæted. But wlien Um ænvention faiXed to hcmor his sug* gæUom æmeming the Megm, he eould not fixid language øuffieientXy æriiBenieuø to dexioume hlø oppomntø. He de- eXared that he wouXd exert whatever abiXitiea he possessed in the eauæ of univeraaX auffmge, that hia pmpoøitiom, which wem not ^mmmå worthy cmin of møpætfuX notXce, wouXd be avexiged. 67 T^ruXy, t^ ecmvention wæ mom than a diæp* pointMnt to EnBiXtcm. Zt wæ a pain to hiø pride, a bruiæ to his ego, and a wouxid to hiø patriotiøm. RaaadeXX, Reeomtmotion X^ Texæ. p. 106. ^Southem ZnteXXigemer. May 24, 1866. CHAFTSR VZ THB HBSTORATION OF STATS QOVERNMENT The adjoummnt of the ecmøtituUonaX eonyentim on AprlX 2, X866, eXiMxed HiaiXton*s work æ pmviaionaX govez»> nor, but thøm was stUX aueh to be dcme befom the møtom- ticm of the atate governMnt ecmXd be ecaqpleted. The aHbem of the ecmíventim had æt JUm ^ æ the date for the eXæUon of the atate offieem, and they had pXamed tâiat the mw state goverxHnt wouXd be Imugumted æ soon æ pemiaaion wæ given l^ the Fmaident. To the pubXie the canqpaign for the eXeeUcm mmmmú the Mat iaportant bmimaB of the etate, but them atiXX mained aany other prObXcHaa eonfmntixig the pro. viaionaX govemMnt. SOM wem fundaMntaXXy æ iaportant to the pmøplXm of the state as was the convention. The pubXie æ a yámXm evidemed Xittle ccmcem over what was going on at Auøtin beeauæ of the scamity of mwspapers, the alMat com- pXete abænee of maiX ærviee, and the general apathy that pmvaUed in the interia betwæn defeat and the eMrgence of new leaders and new ideæ. The îkíQro was the foremost pmblem. He had attained a xiew øtatm æ a msult of the war, but the mtum of that øtatm was stiXl an imcertainty. He had been the topie of 140 X4X the BHt hmted debatee of thm mnvmntXon and had become the poUUeaX iaam in thm eawpatgn. His poXitieaX rii^tø had hmmn meognlBed in part, but hiø XegaX etatm befom the Xan anâ hla poøitim in ætuaX opemticm wem cpiite differenti Aa diøeuæed pmviomly, throui^ the efforts of Ham^ Utcm, the nUitary, and t^ Freedaon'B Bureau, mieh of the Magm probXæ had bæn eXiniml^. OiriBtaæ had pæaed axid the gover mnt had mt COM throi;^ with ''for^ acms axid a muXo,** riota aamg tl^ freetesn had mt deveXoped, and the gamraX outXc»ok for Xabor had bæcM mom favombXe. Never- theXeæ, a few mporta indieated that UttXe progmss with ttm Megm had bæn aade in ærtain portima of the state, whiXe other æeoimts ahowed that the aitmtion wæ iapmving. Om of the adveræ mporta was aade by Qemral Inspee- tor W. B. Btvmm of the Fme 'huxiott, 'The Freec!Mn'8 Bumau in Texæ,'* Xoe. eit. VoX. Vri (l95Síh P. 6. 142 that Megræa wem Hkixig ecmtrætB and aetUing down.^ A alni- Xar mport from Wæhingtcm County in the bXæk beXt durXng the Xatter part of Jamary dæXamd that two^thirda of the fræteen wem at w<^ at good wagea, and that aeven thoueand contræta had bæn aigmd for the next cvop.^ mæontent beesM eviâæt æ Qmgory and the Fræd* Mn'a Bumau sou^t to settXe diaputeB eomeming the NegrmB. toegory and othmv agenta wem æeuæd of 'intoXerabXe aeta of oppmæicm.'* 3Dn om eæe a gætXraan was fined five huxidmd cioxxam for øtvdidxig a mgm wcauun ^e bXow. On amther oe- eæicm a Ib^. B* D. HfiMor wæ armøted by FederaX øoXdiem •t bæaum a M^pro æemed hia of havtng hiø dray azid home. After øhowing hiø reoeipt axid other evidcmæ, Hanier wæ m- Xeaæd. Later he wæ armøted again and pXæed in JaiX whem he wæ ordemd to write to hia wife, teXXixig her to ænd the pmpmvty. He wæ mt mXeaæd untU the pmpez^ arrived. 5 Them waø littXe MsnUtcm eouXd do to eaæ the ten- aicm that deveXoped øime the weXfam of the freednen wæ in thm handø mt the Frædmm's Bumau. Qregory, bøMver, was mpXæed by MaJor-QemmX J. B. laddoo in Mareh and reorgani- 6 aaticm wæ atarted iaaiediateXy. ^ im^^^^mmmmmmmmmmmmammmmmmmmmmmfmmmmmmmmmi^mmmmmmmmmmmmmmmimmmimmimmmmmmmmmmmmmmmmmmmmmmm^mmmmmmmmmmmmÊ^mmmtmmmimmÊmmmÊmmmmÊmmÊm^mmmmmmi^mmmmm 3|bid.j p* 3. 3RaauMleXX , Recomtruction in Taxæ. p. 75. ^DB|XXæ HeraXd. February 10, X866. \ 5j2sîatl£ BuXXetin, Mamh 8, 1866. ^BUiott, "Freedaan'a Bumau in Texæ,** loc^. clt., D. 10. 1*3 Soon after his arrlval In Taxæ, Kiddoo meeived a eoa3>Xaint frra a Bumau aurgoon in QaXveaton that eivU au- thoritiea them had aade m hmpitaX proviaiom for Biek fræctaen^ and that the ehief Jmtlæ of Barria County had mt maponded to hia appeaX for aid. Upon ræeiving the m«^ pcn»t, Kiddæ wmte HaaiXtm to æærtain if the eountiea wem mt c^Xigated to eam tmv thmXv nædy p^puXation. Haailton mpUed on Jhm 4 that, by mctXon of the eonvention, the freedMn wem eiUæm of the atate axid wem Ixiveated with aXX eiviX and perænaX righta, exeept a UaitaUon upcm the right to teaUf^ in tl^ eourtB.' HaaUtmi*s decision in the Qalvestcm eaæ beoaM a poliey deeision and the qmation WBB ættXed. Taxpayera wem mquired to heXp finame the mXief piHigm. Amther aeriouB eenplaint during the latter part of Hrailton'a adnixiiBtmtion was nade agaimt the tmasury agenta. Maxiy farmm stUl held eotton that had been produeed durixig the war. A ClarkBville cormspcmdent of the Houstx>n ^ftilegmph eharged that tmaBury agents at i'lew Qrleana had æized æventæn huxidmd bales whieh, it was well axid gemr- aXXy known, did mt beXong to the Confederæy. Through a third party, the agenta offered to mXeaæ it to the ownere for a ecmøidemtion of thme himdred balea. Bvery effort Q faiXed in the atteaqiit to aeeiu^e the mleaæ of the cotton. ^semte Executive DoeuMntB. 39th Cong., Ser. 1276, N6. 6, PA 15^. Flake's Bulletin. Mamh 27, 1866. 144 A aiBiXar eaæ wæ that of a Mm. Boyee of Red River who BoXd four huzidred baXea of ætton for æventy»five dollam per bale when two httndmd doUam was the aarket ^æ. Zt had bæn æiæd by Fedeml treæury agentø who mfmed to perait a øale otherwiae. To what extent øueh aeta mm era- aitted ia mt known but nuMrous cenplaints wem meorded. Them ia m meord of any attenpt on the part of I&UB- ilton to inveøtiøite ^eæ illegalitiea. But had he inter- fered, he probably could have dom mthing sime the eonfis- eations wem eonnitted by PeôevmX agents who elaiMd their ætiom to be fair æd Just. Haailton wæ too busy to in- terfem. His pmgram had been defeated in the e«ivention, ax^ he was buay exerting every effort to have hia eandidate elected in the foz^»eoning eleetion. Durixig the renainder of hiB tera, he opent most of his tiM either eaapaignixig or in Waahington. His eaapaign activities lasted untiX Jtim, at whieh tim he tumed his duties over to Secmtary of State J. H. BeXX axid left the state. While the eonventicm was still In LQBBXon, the mdieals Mt in cauoases t;o plan their caapaign. Hamilton was asked to hmd the ticket but declined the xienimUon. He deelared that the offer was SOM compexiætion for the uncharitable eriticira and abuBÍve epithets of a group who had ceaMxided mne of hia 9 Fleaing, DoeuMntary History of Recomtmction. Vol, I, No. 30. ^^Flake'B Bulletin. June 18, 1866, 145 HtB. He adaitted that thm evonta of the pæt fcmr yeam had exigexidered too nueh bittMir fæUxig to be i4>peaæd by any poUey he aii^t mámpt ov eny effort he eould put forth. He deeXared that it had mither been hia intention nov hia wiah to be a eandidate for govemor. He cXaiMd that he wæ mt finamlaXXy abXe to hoXd a pubXie offlee, for he amt provide for hiø faaUy^ Whatever of emrgy and working eapaeity am Xeft in m auøt be devoted to thoæ who am dependent upon M. Z ra without hom or pmænt means to pmvide mm» enû eaimot afford four yeam out of idiat aay be Xeft m (if æ aueh is Xeft), aXX of idiieh I ra eaUed upon to ^- vote to om of the fimt and hii^at duties that ean de« voXve upon aan.^^ After HaaUton dælined the nonimtion, the radioala namd B. M. Feaæ as their eandidat;e for govemor and draftod a pXatfma irtiieh oBãiodied the prineipXes for whieh they had ecmtended throughout the eomtitutionaX eonvention,'^^ By now they wem being terMd as the RadieaX Farty* The eOBøervatives seXeoted J. w, IhrockMrton, pmai- dent of the eonvention, to head their tieket, The conaerva- tive pXatfom was mst pXaixay expreemá Xn the Xetter to ThroekMZ"ton æking hia to accept t;he nonimtion; Khowing ycm to be opposed t;o thc radicaUsa of the day, whieh is pemistently eought to be iaposed upon the peopXe of Texas, and being fully satisí ied of your op- pmiticm to mgm auffmge, and ttm hasty and imonaider* ate elevation of the negm to political equallty, . . . ^ypLake'B Bulletin. March 31, 1866. ^^y>id.. April XX, 1866. 146 we dæim that ycm . . « sheuXd becom the etaxidard ummr of the Oomervative æn of the State in the ooning eXeetim.'^^ Thiø faetion had beeoM kmwn as the Conærvative Fttrty. The eaapaign wæ bitter frcan the begixming. ReaXiz- ixig the tXm was øhort, t^e eandidatea and their '^stun^^em" took to táie fieXd earXy. Hrallt \lnkler, Flatforms of Political Farties in Texæ. p. 98. •^^Texas State Oazimr, Aprll 28, 1866. 147 Xook at the eonbixied æta and statraenta of Oovermr HaaUtcm and QemraX Qmgory for a ænpXete iUmtmtion. The TeXe- s^tí^ eharæteriæd both offieiaXa æ highXy und^aimbXe: "The om ia aaXignratXy bitter in hia hatred of the pæpXe of the State, and of every Southemer in ita eharæter; and the other la Man in hia apirit and odiom in hiø æøæiationø."^^ Zn a Xatar iæm, the aaM paper CBM out agaimt a eaxididate f or the atate øupreM oourt beeauæ hiø xiam had bæn aigned to the Xetter that had aaked HÉaiXt^ to Xead the RadieaX tieket. The paper dæXamd that he wæ uxifit to be eXeeted beeauæ he had øupported **Jaek HaaiXton,'* the ailitary ruler, who had **hæped every apæiea of abuæ and ixiaultB upon the Xiving an^ dmd hemea and ecoffed at the aufferingB of Mr. 16 [Jefferac EÍ Davia in iaipriBOXHnt.'* Haailt m aade a apeæh in San Antoxiio in April in ba- half of Feaæ and the Radieal Farty. He deelared hiMolf in favor of equaX poXitieaX rights mgardless of mce or color, axid aekmwXedged that he had always hmmn mre or leaa an ia>oUtioniBt. He defended the radical aajority in CongmaB and i2r|^d the people to hui&ble thoMelves befom this gmup, to æknowledge their errors, and to show evldenee of mpen- tanee. The San Antoxiio Herald deseribed the speech as '*ill- tiMd, in bad tæte, calculated to excite angry feelings, and ^SHouøten Telegmph, May 29, 1866, ^^lbid., Jum 8, 1866. X46 to do aiaohlef. **^'^ HaalXtcm BftdloaX Farty in Téxæ, having pledged its support to the Congmaaicmia progrra, had autOHUeaUy aXXied itæXf with the enenlea of fåm Fmsidcmt. Aø the battXe in Congmøø græ nore bitter, æ did the eai^paign in Texæ* Zt wæ ømn evl« dent« heiæver, that the CoxiærvaUveø wouXd earry the øtate. ManUton'a attomcQr gnmmX, fomeæing a Conærvative vie- tozy, wmte the Xeadem in WhBhington, beøæehing thra to uUUze aXX poælbXe mam to deXay the imugumtion of the mw state ipverfaMmt. Coxu^Xudlng that he eouXd do mvm for the HadleaX eauæ In Waøhlngton than In Texæ, HanUtcm tux^iod hla dutiaø over to Seerela ry of State BeXX axiâ hurrled Bæt.^^ FXake'B l^Xetlp axmounced on Jum 5 táiat Omvmvmv HanUton and hiø IteUy had arrived in QaXveøtcm cm their my to the noTth, and on Jum 8 it mported that they had øaiXed on thm pmvlom day. Ttm Homton TeXegraph. æizixig upon HaaiXtm^s trlp ab good caapaign pmpaganda, deelared that hiø Xeaving mant aiæhlef. Zt aXæ deeXared that æveraX o^r Xeading Texæ RadimXa pXaxined to Joln Haailton on 24 JhXy 1. Nort^m newspapers hailed Haailtcm's trip in laudable terM and XavlidiXy heaped eonpXiMnts upon hin. The FhlXa- deXphia Fmss announced that he was in Waøhii.gton, ^'atandlng where he has stood from the beginning of the mbeUioti, flraXy ^^RanødeXX, Reecmatruction ixi Texæ. p. XXI. ^Houaton Telegmpi'i. Jtoe 26, 1866. 151 agalrat treaæn and traltom."^ The FittBbuiy Qaætte alæ annoiBieed that the Texaa govermr, i^ wæ a atrmg advoeate of Nbgm auffrage ^t wæ matrieted ty an eduoatioml quaXl* fieatlon, had arrived in Wæhlngton. Bot* the Fhiladelphia and Fittsburg papem said that Hanilton tmá eomeded defeat for the RadieaX Ueket In Tsxæ. WhUe Haailtcm was ridixig cm a imve of pepttXarlty in the MOz*th, he wæ loslxig frlexidB and mputaticm In the South. A Waii^blngton eormapmiâent of the Mew York HiraXd deeXamd that taiXton beeaM a bitter mnemsy of the Fmaldent eocm after hia arrivaX in Wæhingtcm. Aeeorciixig to the mporter, BhaUtcm eaXXed on Fræident Johxiæn axid had a Xong eonfldexi«> tiaX taXk. He eaUed a aæoxid tÍM, pmtexiding to be a wara and devoted fMeiid. After tm aeeond aæting, ItaaiXten dld mt eaXX again, axid no fur^r viait waa antielpated. Zt øeem t^t a weXX-known, uxidlBpttted and XoyaX genUeaan fmn Tmxmm had wamed Fmaldent Johxiæn in a Xetter that HaaUton wæ In wmhingtcm purpwtedXy to report faeta to the Fmøldent, but in reaXl^ to ecmvlme hia that ttm Throckiaorton govem- ænt ahouXd mt be imugumted.^ ShouXd Johnæn mt be e«fi- vlmed, HraiXton waø then to precipitat;e a ruptum betwæn Fmøident Johnacm and hiMeXf, themby ereating a sitmtion ^Quoted by Flake's Bulletin. JUm 29, 1866. â6 Ibid. ^yxaka*ø BuXXetin. JhXy XX, 1866; Homtwi TaXegmph. jUXy 7. XdK: 152 whieh wouXd perait hia to aiHpeaX to the radieaX Cetigmss and Xay bel>im ttm pubXie a gXoomy pietum of the ecmdition of the Uhion MB in Texæ, aXXeging that the army aXom stood between thra and exUe from the eountry. H& wouXd then con« tend that under ThroekMrtm the eondition wouXd grow woræ. The Xetter further stated ttmt Xt the Omiærvative govem- Mnt BhouXd be imugumted, Haailtcfi wæ pmpared to eneour* age an inøtunreeticm, believixig t^t the Fmaident wouXd mt be peraitted to uøe the aray a^iimt the idiite axid bXæk Jkúfím Mn of t^ state in tiehaXf of the white mbeXs. The Fmsident thmn wouXd be denoumed in the bittemat term for havlxig hmtveyeê the tMion Mn in ttm Scmth by havixig given 28 thea "bouna haxid axid foot' Into the hanâa of the mbeXø. ^ Seffliin Texian of Jum 23 eonmented on the "pm* suaed'* bmak between Hamilton and the Fmsidmt. Zt æid John Hancoek, om of the mn ænt by the conventi ^FXake * & .^ulletin, July U, 1866. ^Homton Tcliií^eii^i^ Jum 11, I866. 153 In Waahlngton by other Xendlng Téxæ Radleala.^^ Oie pmas had pXayed an inportant voXe In the deveXopawBt of a atrong antl-RadloaX feeXlng anong the pæpXe. AB expeoted by both parUeø, the ThroekMrton Ueket wæ vlotonom(with an over- láielttlns najoz^ty, 49,277 to 12^68 voteø.) The øtate ecm- aUtuticm ms aXæ mtifled by thm vote of the pæpXe.^ m^^mmmmmm^mmmmmmmmmi^^^^^^^^^^m^^m^^^^^^^^^m^m^^^mmmmi ^^lbld.. June 26, 1866. Smsj "^ jSxeeutive Hecords, Reglater Book ;^X, pp, X23-X24, ^%aaUton, BxeeuUve Cormapondexiæ. '^RBMdell, Reconøtmction in Tbxæ. pp. IX2-II3. 154 offloem of duty, wmreupon the xiew state goverxBient began to funeUcm.*^ Qn Augmt 20 Fmsldent J^imon læued a proeXa- Mtlon deoXarlzig ^iat iimurræUon waø at an exid, axid that pmee, order, tramiulUt^, and oiviX authority exløted threui^out the entlm Uhltea Stateø.*^ WhlXe thm nmi øtate govemmnt waa belng møtored In ftamt HaniXtOB wæ mt ølttlxi^ IdXy by in Whi^dlngton. On Attgmt X he addmøæd a XoyaX audieme in Washington, at whleh tlM tm proeXalaed hiø aUeglraæ to Congmæ inøtead of the Fmøldent. Hla erlUeim of Fmøldent Jbhnøon axid the Southem Xædicmi waø harih: Mow the rabeXø ery that tâiey am øtiXX In the mtXon anâ hurmh for Aîidmw Johnøeoi beeauæ he says æ. Zf he had gone South two yeam ago and øaid æ hiø bomo wouXd be bXeaching thomjaow. X ooMtiMO wløh he had gom them ar^ sald æ«^' The coume of Tteæ wæ highly ungmtefuX, he eontended, be- eauæ It had turxied itø bæk axid deeXared war cm Itø pmtætor after having bæn aueeored and brought to grætmæ by it. He then teeXamd tíiat It wæ for Congmøø aXom to deteralm whfim and how the øtateø øhouXd mtum to thm Iftilon; that Congmæ had ttm power to bXot out øtate Xlmø if næeøoary and rraap the eountiy as it ttwflUiíit pmper; aiid that Coxigmøs had aXwayø been thm øaXvation of the æuntry and wouXd renain ^^HaaUton, Bxecutivo Cormaponâenæ; Dallas Herald. jbigmt 26, X866. ^Rlehardøon, |^ GranilaUon of MeBsages and Famm s£.msassíåsÊÊb voi. rrrpr^^ '^^Flake'B Bulletin. August 15, 1866. 155 the oxily hope for it.^ Two yeam later his speoeh was m- ealled by om ot hia followerB aa a MBBago whioh eleetrified the Republiean Farty and pointed out to the ooimtry the in- evltable diaætmuB maulta of the pmBldentlal polioy.^ The rivalry betwæn Fmaident Johmon axid C^ngmss over meonstmction bæaM a mtimial issue. Draomtmtions of popuXar feeXlngs wem heXd freqmntXy withiB the states, but at Xeæt four mtlonaX eonvenUraa wem heXd in 1866. The aain ÍBBmB befom the people wem the paaBage of the Fouz*tMnth AMndMnt axid the m-adaiBBion of the Southem Btatea. A eonvention wæ held in FhlladeXphla on Auguat X4 by **friendB of the Fmsident** for the purpoæ of effeetixig a "^ecnq^Xete eomoUdation of ^e AdaixiiBtmtion RepttbUeam æd the Draoemtie Faz*ty uBder the cXaia they wem trm eon- øervat;om of the lAnion, anû that the aæø of the RepubXioan Fari^, in oppoøixig Fmøident Johmon, wem exidangenng the øtabiXlty of the QoverxiMnt.^^ Thiø Hetlng waø ooapoaed of MXX«»known Draæmta and proadmnt RepubUeam, aaxiy of whon wem known to have been oppomnta of LinæXn'a adniniBtmtion, heme the eonvention waa coBmonly mfermd to ae a gatíierixig of naUgnant eoppezheadB. Zt paBæd a Xcmg æriee of maolu* ticma whleh emphæized the rivalry between CongmeB and the ^^ bid. ^^Austin Republiean. October 13, I869. ^^Jams D. Blaine, Twenty Yeam of CongmBB t From IB to QarfieXd (Nomlch: me HenryTlll PublÍBhingTo., T-vsr. II, pp. 220-221. 156 FmBident.^^ Flake'^ BuXXetin deseribed the FhUadeXi^ COB- vention as a Meting of the Fmaident'B party, deaigned to pmeum the adniBølon of the inaurgent states prior to the 42 mxt pmBidenUaX eXeetion. Haailton wæ æid to have de- eXared the FhlXadeXphia mveMnt to be a "mbeX invæion of the NOrth.*'^ The Moting in FhUadelphla led to a aeeond eonven- tlon on Septettber 3, held in the aam elty but by a diffemnt group of leadera. The call wae iBBued by a group of Southem UhicmiBtB, Haailtm being om of thra, who iBVited delegatea frra the Northem atates to aæt with thra to try to **meon- stmet their states on an exidurlxig bæis of constitutional «.44 liberty.* One Southem Loyalist said the purpose of the eoBvoBtlon was to brixig the Republieæ Farty up to the mrk of inalBtlng that civil goverxmnt ahould be meonBtmeted in the Scmthem states on sueh texM æ would secure eciual eivil and politieal rights to all æn. ^ Haailton deelamd it was the first tÍM in hiBtory that a large aBBrablage of Mn had deelamd in favor of auffrago for the Negm. 46 41 Ibid. 42 Flake's Bulletin. Septeaber 12, 1866. ^ljbid.. Augmt 1, 1866. Blaim, 0£. cit.. p. 225. 45 Austin Republiean. October I3, I869. 46 Ibid.. Deceaber 18, I867. 157 When the conventlon æseBâ^led, Haailton gave the rapXy to the welcrae addmss axid expmssed a aixed pXeaøum for the opportuxiity, a sadness for them being a mcossity of eaXXlxig Bueh a Metixig axid a Joy for havixig the privUege to wozHc for Bueh a mbXe cauBe.^*^ After the convention had eonpXeted ita orgaxilætlofi, HaniXton pmaented to the pm- Bidlxig offieer the gaveX ueed In the aeceBsion eonvention in South CamXim, rraixidlng his audieme that 'the whirXigig of tÍM brlxiga about its mvenge.** He said t^t it seoMd a pætic mtribution that a conventicm of Southem XeyaliBta ahouXd be eaXXed to order with the SSM instrunent that had 1, 48 ^VBWBá thm South in disunion and axiarehy.*' After the eonvention had been in session thme days, ttm Mort^m deXegates withdrew so the Southem LoyaXists wouXd be given the emdit for the work of the assenftiXage, themby appeaXixig to ot;her pæpXe of the South to foXXow. ResoXutiom in favor of LimoXn and agaimt Jc^acm wem 49 adopt;ed. '^ Houston TeXegmph blæted Hamiltcm for everything he did. On August 15, it deelamd that the Radieal papers of Texas were squirming awfully under its exposum of Jaek Hra- iltcm's cmtragecmBly wicked camer, and declamd that it would pmve every aaBerticm that waa denied. It alBO proniBod mm ^'^Flake's Bulletin^ Septraber 12, 1866, ^laine, 0£. eit., p. 226. ^^lbid.. p. 225. 158 that it had not finished with Hanilton, but that it stiU had Mm to tell.^ Zndeed, them was much eritieira yet t;o be heaped upon Hanilton for hia activitiea in the North. Cm of the gmatest disappointMnts suffemd by the mstomd goverxiHnt wæ the failum of Coxigmss to mcognize its congmssioml repmsentation. 0. M, Robex*ts of Galveston County and David Q. Burmt of Tyier Coimty wem namd in Augmt as semtom to Congmss, The mpresentatives, who wem elected lat;er in the fall, wem Qeorge W. Chilton of IVler County, B. H. Bpperæn of Red River County, A. M. Branch of Walker Coimty, axid C. C. Herbert of Colomdo County. Neither the mpmsen- tatives nor the semtors were seated, their cmdentials being ccwpletely igmmd. The Conservatives felt that Haadlton had been largely respcmsible for this failum, especially after Roberts told of his meeting with Hamilton while waiting to be meogxiizéd.5 1 A week or two after arriving in Wæhington, Roberts had a two hoiirs* conversation with Kamilton in the anterora of the Semte. He declared that Haailton had told him of his deslgm and those of hls Southem coadjutatom in mfer- ence to the South: that the Southem states should and would be plaeed in the hands and under the contml of loyal Southem men, without respect to color; and that it was their purpose 50piake*s Bulletim August 15, 1866. 5^0, M, Roberts, "Ihe Experlence of an Unmcognized qi^nAtor." Southwestem Historical Quarterly. Vol, XII (1909), pp. 87-147": 159 to mutraXiæ the Fmaldent and his friexidB at the capitoX, or eXae mxider thra poærXoBB.^^ RObertB* mport of the Metixig rai^iæized the fæt that HanUtcm entertalned a bitter peraonaX and poUtieaX hoaUXity toward the Fmaident. He aaid that HamUton spoka aom klxiâXy of Fmaldent Davlø than he dld of Fmsident Johxi* æn. H^rta aXao deeXamd that HaaUton's foUowem wem orgaxilzed Into a ''Qraxid Aray** whieh xm^red aXmst 1,200,000, whemæ J^^mæn and his part^ had XittXe, if axiy, counter- organlzation.^^ FlnaXXy malizixig that the '*Qrand Aray'' had ecmtml and wouXd mvev wUUxigXy mcogniæ thra, the Mjor- lt;y of the Tucæ deXegation mturmd hOM. During the Xatter part of X867 after he had mtumed to Texæ, HaaUton gave his side of tm story. He deeXared that the BeeessioniBta of the state had flocked to hia while he wæ govermr axid begged for cleMncy, proalaixig to be eontent if their lives wem spamd and their pmperty not taken frra thm$ that they had thought it rlght tmt the work of meomtmetion should be coaaitted to the friends of the D^ted States governMnt. When the Pmsident and the party that eleoted hia began to dlffer and the Pmsldent's poliey Bhowed a deteraimtion to fora a politieal alliance with the Sottth, the seeeBaloniata becaM armgant and denunciatory. 52^^ ^^lbid. 160 HaaUton deelamd that abuse and calunmy followed hia froa the atate^ that hla eneaies ahowed m mspect for his private feel- inga and mlaUom, and that they had habitually aUmpmsented axid falæly accuæd hia of speaking harshly of the gmat Mæea of the people. He eXaiaed that he had been eaq;»ecteâ to surmn- der tBMXy to thoæ who fXattemd theaæXves that they had m- galxied emtmX of the poUUea of the atate. Sinee he could mt and wouXd mt aubait, he went away becauæ he did not *^pmpoæ to Xive uxider a govemment adaixiiBtered by Mn who wem eXected beeause of the zeal whieh they had manifested In the effort to overthrow a gøveriHBt which had never oppmssed thra, whieh had dcmie mre in the cause of himan frædra than .llth.oth.r«ov.n».nt.lnthe«.rl«."5* The goverxiMnt as critieized by Hamilton lasted only eleven aonths. On JUly 19, 1867, Congmss pæsed an act whieh gave the ailitary power to remove civll officem, axid on July 30, Throekmrtcm was roMved axid £• M. Feæe appointed in his Btead. ThiB aot paved the way for Haailtcm's mtum to Texas for the øtate goverxsaent was once mre ir. the hands of "loyal" Mn. ^Amtin Reoubliean. Deeraher X8, X867. CHAFTBR VZZ LATBR FUBLZC CAREBR A. J. HaaiXton's æe •^Austin Republioan. Deceaber 11, I867. 161 162 a period of about four years had mgarded wlth pæslomte Bná eonteaptucma bittemeas. The paper aXæ deeXared tmt every weapon known to t^e arMry of poXitieaX warfam had bæn uæd agalmt Baallton; that hia eneaies had ^'æBailed hla wlth a fury, a aalignity, an utter diamgard of all tmth . * «**; axid that Bueh ææultB had mt only camed hia and hlB lcyved ome aueh paln and axiguiah, but had cmated axid kept aXive an Intenae pmjudloe in the ainds of aany homst Mn who had been gmssly deeeived æ to his opiniom axid 2 aetlona. FøUowlxig further deseriptlve remarkSi the Auatin MepubXiean deeXared that Hemilton belonged to the elæe of piibUe mn who am alwaya liBtened to by friexide and fma aXlke with the deepeat intemBt. It then extended an appeaX» Ing invitation to the public to hear Haailton*s addmss. We predict they [the audienea} will hear a apeeoh that will do thra fl^od, m eoneession to tmitors, abate no Jot of the uxijmt iBdlgmtion whieh patriotie Mn feel toward the enraies of the ævemHBt, kixidmss towards all who do mt eherish fælings of hostUity to the mtioxial govemMnt, elear eenprehemlon of the gmvity of the pmaent politieal situation, statesaaxaike viewa, good adviee to Republieam, bmathe the spint of trm patriotism, axid vixidieate to all who hear it the gmat primlpleB of the Nati^nal itepubliean Farty.3 Haailton*s addmaB was in contmst to those he had aade durixig the two years pmviom. Them was a note of æd- mas, appeaæMnt, axid eonelliation. He was concemed beeame mmmmmÊKÊmmimmmmmmmmimm^mtmmiÊmmmmmÊmmmÊÊmammmmmm^^^^^^m^^mmm. ^lbid., Deeeiiû>er 18, 1867. ^Since the Austin Reottblioan wæ a weekly newspaper the invltaticm was not printed untii after the addmss was delivemd. 163 the pmee of the eowitry had mt bæn æaured, the ruim of the war mt whoXXy mpalmd, and the pæaiem and pmjudlees en^ndomd by It not eenpæed. He adnitted that it wæ mver feælbXe for any nan to have his c«m way entlmXy; that he wæ wlXXlng to Xmve It to the aome of the oouBtry, through ItB dlffemnt agemiea of governMnt, to work out the pmb- XeM of meomtmetion. He urged the pæpXe to work together to eradieate aniMsitieB. *^We must ooxiqmr our pmjudlæs,** he aald. *We ean bulXd mthlng peraamnt on a foundation of hate.'*^ HanUton'B apæeh caM at a tÍM when the pubUe MraXe wæ Xow* Reeomtmction of eivlX govemMnt had been uxider way alme Namh, the Bocond tiM Bince the oXme of ^e war, but conservative-nixided Mn had bæn slew to act. Wlth the paaøage of the Reeomtmetion acte of Namh, 1867, the pmaldcmtial plan of mconstmeticm had been set aaide. The Negm had bæn given the ballot and many ex-Confedemtes had been âiBfranchised. A Republiean state convention held in Houston in July had bæn predonlxiætly Negm in eoBqposi- Uon, having 150 Negroes axid appmxiMtely 20 whites. Only 5 twenty-Bix coimties had delegates pmsent.'' Haallton may have mcognized the diloBH that the peopXe faoed when he addmsBed the pubXic on Deceaber 14. ^Austin Republioan. Deceaber 18, 1867. ^ixikler, Platfonns of Folitical Farties in Texaa. pp. 99-100. 164 ^^ A^stln Republiean declared that tíie apeeeh ''exerted a nmt aalutary effect on our hoM polities'* and eouXd mt faU to aæt the appretoation of aXI good and fair ainded peopXe whemver It disseaimtod. Mot onXy was it the second tÍM for HaaUton to have mturmd to Taxæ after a perlod of abænee, but it wæ also the aeeond tiM for hla to mtum as an arøointed offieer of the øtate. Fart of the ailitary rule wae to eontml the eouz*t8, axid Jmt as men wem remved frra other offiees, æ wem the Judgea of t^e supreM eouz*t. Chi Septeaber 10, I867, Chief Jmtlee Qeorge Vloove and æsoeiates Riehard Coke, S. F. Donley, A. H. WUlle, and Qeorge W. Saith wem roMved frra offiee æ "inpediMnts of meonstruetion" even tihough mgarded 88 amxig *'the fimt men of our State in private ehameter axid 6 XegaX attainmnt." AMB Morill, A. H. LatiMr, C Caldwell axid Livlngston Lindsay wem appointed to fill the væamiea. 7 Hsi&llton was added to the bench on Hoveaber 7. The i*eMval of t;he supreM eourt Judgee Mt with Btrcmg oppmition but, as Haailton told the pæple In his addmss on Deceaber 14, them was nothing they could do about It beeauae " he goverxmient has pmscribed the terM, and it iB ycmr duty and aim t;o æeept them." The Stat;e Qæette on Septeaber 21 deelamd that the mwly appointeoB aight sit in ^Texas State Qazette, Septeaiber 21, 1867; J. H. Lavenport, KS lastory^rtEe Supreme Court of the State of 'lbid. 165 Q the o^m* plæeø but Idiey would never be able to flll tíira. AooordiBg to thm meords of the øupreH court, HaaU- ton wmte few oplniom, but thoæ he dld write wem mted for dlgnlty, leamlng, and fome. FrObabXy thm møt ioqpor- tant of hla dælølcmø wæ that given in B. Luter v;, Willira k* »^^0^^ om of the **Seqmøtmtion c^tæø,** in whleh he heXd that the øtateø æaprlBlng the C^oxifedemey oeeupied a hlgher grottnâ than the Cexifedemte goverxannt; that their govem- Mnta wem, in ttmXv orlgln, pæeeful, legitiMte, axid eon- øUtiitlcmaX, axid that they eontlntted to exiat without a hiatua or iBtermgnua, In the exemiæ of aueh powerB æ had pmviom- Xy ai^rtalxied to thra under the Cemtitution of the tlnited Statæ. On the other haxid, the Confedemcy, having been eon- ælved in mbeUion and dedieated to the mvoXuticm ItaeXf, wæ orlaixiaX In mtum. He aXao heXd that the United Statee govenment had the rlght to interfem with the eiviX lawa of the Btate tíiat møulted frra the war, or that wem uneonati- 9 ttttlcmaX or hoaUIe towarda the United States.^ Om wz*iter deelared that HsiQiltm*B deeision portrayed hl8 ablli^ H a lawyer. He aXæ contended that had HaaiXton*i vleæ pmvaUed, meomtmetion would have bæn aarked wlth ^Tfexæ State Oazette. Septeaber 21, 1867. ^ReportB of Caæa Argued and Decided In the Supreme Cov^t of TexaêxaBs lsT, T Lcmla: The QllBert Book Crâpany, XW2), VETr 7 lôX"rørY03-704. 166 Xess oppmsBion and iBlqulty.^^ HaaiXton reaigned from the BupmM eourt bemh in Oetober, X869. The Houaton Uhlon m- aaz^d with aeora that he had maigmd tvom the offiee, the dutiea of whloh h« had mver perforaad tínough he had aeeepted the piQr æ Xong æ he eouXd.^^ Frra the tiH HwiXton arrived in Taxæ in Deeraber, X867, untlX he maigxied as æøoeiate Jmtioe of the supreM eoort, he had been aotive in various ætivitiea In the atate. Ditrlng January, X868, he attexided a aætixig of the LoyaX Leagm at QaXvoBtm, mnåj, of oouræ, tæk an aeUve part. FXaky'a BuUetin eriticized Haailton for attendlng the LeyaX Leagm aætlngø, partieuXarly bæauæ most nHbem were Migrora. Zn an editoriaX on February 2, the BuUetin sug- geatod t^t Haailton give to the pubXle the esænee of the addmss that he had mde. Thm substance of Haailton's mply was that it wæ ncme of Mr. Flake's busimss what he said in thm Leagm and, furthezroom, it wae xiot high evideme of 12 good bmeding for him to be so inquisitive. Haailton was a delegate to the National Republlean Convention in caueago in May, I868, that nomimted UXysæa S. Qrwît for the pmBidemy. The Republicam, in their plat- fora, oongmtuXated the eountry on the æaumd BUCCOBB of the oongmBBÍonaX meomtmetion poXioy and pXedged thea- '^^raan Q. KittmXl, Qovermm Who Have Been and Otnr'r Fublic Men 5i£ Tbxæ. p. VSl -^-^Homton Union, October 7, I869. "^^Auatin Republican. Febniary 12, 1868. 167 ælvea to amtaln that poUey ax ! prevent anarchy in the XntoXy mbeUiom South* Om of the pXatfora maoXutiom wæ that the guarantee of eqml righta to aU XeyaX mn of thm South wu draanded æd amt be aaintalmd. Háailton m- tumod to Texæ about the læt of myM Zt ia mt known Jmt what part he played in the eonvention other than being pmmnt, but it ia to be æøuMd that he wæ in agreraent wlth Itø præmdlngø beeauæ he wæ mt one to ecmæal hia o^JmUom. Haailton ims eleeted æ a delegate to the Texæ Cm- øtltuUomX Conventicm of X868-X869. ThXa wæ the fimt eXætlcm In Texæ at which Ifegrms voted. Of the nlmty deXegateø eXeeted, nim wem Megroes, and ten wem Denoemta. The flmt æaaicm of the eonvention as8eaâ>Xed In Austin en Jum X axid adjeurmd Augmt 31. AXthcmgh an overwheXaixig mjonty of the delegates wem Republicam, they divided into two antagoniøtic groups frra the beglnxilng. Hrailton was the leader of the conærvaUve group, while B. J, Davia, 14 praaident of the eonvmUcm, led t^e radieal divlaion.'^^ Baeh facUon eame to be kxiown æ a diBtinet politieal organi« zation. The ehief Bubjeets of diseord betwæn the two gmups was the JÊ. initio contmvemy, the division of state, and ^3fl^ivftaton Republican^ June 1, I868 ^\inkler, 0£. jgit., pp. IO7-IO8. 168 tho dløfranehiøeMnt of thoøe who had bæn eoxmeeted in any way wlth ææøøira. Zn the eontest waged over the ab Ixiltlo quMtion, the Radieals pmpoæd a maBum aaklxig invalid any XeglaXatlon ainee the Aet of SeeoBBion. Haailton offered a substltute dæXarlng that oxiXy the seeesBion ordiname and Xras In contmveflÉion of the CcmBtitution or Xawa of the Uhited Statea, or in aid of táie mbeUlmi, or paaBod for the purpoæ of bemf Ittlng diBXoyaX æn at the expeme of the mptthXle or of XoyaX Mn, wem nuXX axid void frra the tím of thelr pææge; but that øueh Xam that mguXated t^e doMø- Uo oomerra of 1;he peopXe axid wem mt In eontmvention of the Ccmøtltutlcm or Xaws of the Tftiited States ought to be m- apæted. After a Xong and bitter debate on the aubjeet, Hra- ilton'8 mæluticm wæ tabled. The iB'Oípæitlon to divlde TaxaB. pr^æd and aup- ported by the Raâieala, waa earrled over to the Becond BOB- alcm of the eonvenUon. Several plana wem pmænted. Hra- ilton i»^8ented om of thra, but in doing so his purpoBO wæ not to divlde Texam but to eplit the vote of thoeo niho favomd diviaion.^* nmlXy, the eonvratlOB adopted the Davis msolu- tion favoring dlviBion and naMd conBlBBÍonem to pmaent the pmposal to Congmss.^^ AXthough Haallton'B gmup believed 15^ 4.4 «r. jQumal of 1869 (Amtln: Tmey, SilMr- Ixig & Cc, '^t Aust n Hepubllcan. July 1, I869. 16 CQnvention Joumal Qf I869, P. 309. 17ibld., PP. 558-561. 169 that they had successfttlly fomstalled the attenpt to divide taæ,^they dæided to earry their oppoBitlon befom CongmoB also. HaalXton waa ænt BB om of the deXegatea.^^ »«llton played a leading mle in a bitter fight over the quoBtioB of Buffrage. He wæ oppoeed to the dlBfranehlæ pmpoaal æ pmaented by the Radieala who would have fomed Into the eonBtitutiOB a rigid prmerlptive teat mth whioh would have dlafranehiBed a gmat Mjority of the white popu- Xation of the atate. It will be roMabemd that Haallton'B J^XoBophy tvom the beginning of mconBtmetion wæ to kæp the governMnt in the hande of loyal mn, mn who eould quali- fy by taklBg the aamsty mth. He believed that the lawa that wem pææd had to eonfora with the Comtituticm of the Umted Statea. He Mintalmd that the imtmetiora to the CoBventlon of 1866 wem ccmBtitutioml and mthixig IOBB would be aoeeptable. When the ecmvention failed to oabody thoæ prineiplea in the eonetltution, Haailton did not be- lieve the new govemmnt would be aeeepted by the Fmaident. When It beerae evident that FmBident Johneon would mcognize it, Haailton bmke with hia and ayapathized with Congmss. When Haailton mtumed to Taxas after a few Mntha in the Nbrth, his addmssos indieated no ehange in his way of thixiking. When the questicm of suffrage CBM up in the __ Austin Republioan. Jaxniary 4, 1869, ^^Zbid., Mareh X6, I869. X70 Convention of X868-X869, he eontended for pmetieaUy the •rae thlng that ho had aXways argued. He proposed to oonfine disfranehiseMnt to those pemons who had been and aight themafter be diBquaXifled by the Comtitution of the Uhited States untll sueh disqualifieatiras should be mMved by 20 CongmsB. His msolution waa finally adopted. Most hlstorieal writem on the subjeet have ceaMnded Haailtcm for hia stand on the suffrage question. JBMB T. DeShields described him ''as bmve and tme a aan as ever fought for the liberties and rights of a fme people on fields 21 of carmge.'' Charles W. RaMdell said that Haailton perfora- eú om of his gmatest sez*vieeB to the state by setting '*hi»> self squamly agaimt axiy axid all attoapts to disfranchise the lat;e mbels further than was almady done by the Four- 22 teenth AmxidMnt.^ The Houstcm Tilegmph acclaiMd hia as a tme patriot who deserved the gmtitude of all Texans m- gardless of political party affiliation: He stood as a bmakwater between us and the floods of min. He Mved aMxig bmakers, shoals, and qulok sands. He had to steer between Scylla and Chaic*ybdiB, with the heavem overcast with elouda, axid the stora howling all arouxid hia . . . . he olothed m with the ballot at the eainent risk of havixig it med against hiMolf, and that all of pæsion axid even promise pointed out to hia the oppOBÍte eoume as the one Mot for hiB Intemet, then indeed, doea he stand befom UB a patriot, fira, tried ^^Convention Joumal of 1869. pp. 482-486. ^^De ShieldB, They Sat in High FlaooB. p. 257. 22 RsMdell, Reeonatmction in Taxæ. p. 253. 171 Sítí^Ô^'''**^'^ ^ grautude of our people of all Om of the delegatea, A. F. MeCoraick, conMnded Han- IXton'B work in the convention as a course whieh should ehal. longe the mapeet and eonfldence of all masomble mn of the Btate, mgardleaB of party or poliUeal viewa.^^ A cor- mapondent of the Hgmton Uhlon mported that the Mat exeit- Ing event of the entlm convention waa Hanilton'B armst for faUlng to mport to the asætíbly after havlng been ordemd to do BO.^ When the eonvention ended, both factlom deteralned to appeal to the peopXe of Texæ and to Congmss. Befom ad- Joumlng, the convention desigmted the fimt Monday in July for the purpose of voting on the new comtitution axid of eleetlng atate offleem. The extroM Radieala desimd to delay an eleetion ixidefinitely because they did not appmve of the comtitution. They had hopes that Congmss night set Mide the work of the eonvontiwi and eall for a mw om that would be mom favomble to the Radical progrra. Hamilton axid hiB BUpportem wem able to defeat ttmXv purpoæ. The Radloala, however, succæded in the effort t;o have the Fmal- dent and pubXle suspect that the Comervatives had fozMd a eoaXltion with the DenocmtB and forMr secesBicmlBtB. As a •%ouBton Telegmph^ February 25, 1869. 24 Austin Republicanj Augmt 26, 1868. 25 "^HouBton Union. January 25, I869, 172 mauXt, the Fmaidont poatpomd the eXeeti^ untiX Novraber 30t X869.^ WhlXe Borvlng æ a neaâier of the conBUtutioml eon- ventlon, HanUton wæ a deXegate to a RepttbUean atato OOB- voBtlOB heXd at Amtln durlng Augmt, 1868« The purpme of the næting waa to appmve the nenimtiaiB of the Matloml Mepiâ»Xloan ConvenUon of Chieago whieh had mt In May and for the nenimtlon of eandidatOB for pmBidentlaX eXeetor axid Btate offiee. Sinee It waa umertain what atate offieem wouXd be eXeeted under the mw eomtltutira and at what tiM an eXætlon wouXd be ordered for the mUfioaUon of the oomUtmtlon axid the eXeetion of offiæm under it, it was eomldered IzMuqi^edlent to nake nonimtiom for atate offiee axid nædiem of CcmgmaB. The RadieaXa, beixig unhappy with the proeædlxigB of thia ocmventicm, withdmw axid heXd one 27 of tmir own. After the adjourxmnt of the conBtitutlraaX eonven- tlon In February, X869, rlvaX deXegateB earried the ecmtoBt to Waahlngton. WUle on thiB miBBion as a ConærvaUve dele- gate, Hanilton, on Mamh 18, 1869, axmouneed hia candidacy for the offiee of govermr. J. L. Haynea, ehairnan of the State Executive Connittee of the Comervative Republiean Farty in T^xas and also a Mmber of the delegation sont to Washington with Haailton, called a metlng of the eoBBilttee to MOt at Austin on April 20, At this Meting the connlttæ ^inkler, og.. clt,., p. 108. ^Zbld.. pp. 112-116. 173 deeided on a tieket without ealXing a state eonvention. Han- llton wæ æleeted as its eandidate for govermr.^ The Radi- eal8 Mt in a eonvention at Homton on Jum 7 «md æleeted B. J. DavlB aa their gubermtorial eaxididate.^ The Draoemta deolared agaimt nanlng a tieket for fear that a Denoemtie vietory would agaln defeat the progmaB of meomtruetion. ActualXy, very few DeMomts eouXd vote beeauæ of the irra eXad oath. A BnaXl nunber of DeMcmtie editom, however, Mt at Bmnhra on September 29 and nonimted Hanilton Stuart of QaXveeton.^^ The eonteat wae between Hanilton and Davia and inter- eat ran hlgh. Mmt of the Téxaa pmsB Bupported Hámilton. ^^ HtmtBVÍlXe VnXon Republiean deelamd that he had yielded to the irmalBtible voiee of the peoplei HiB Btem devotlon to the prlnelpXeB whieh meeived the mticmaX appmvaX in the eXeeticm of 6emral Orant, hia introdueticm axid advoæey in the C^venticm of thme llberal fætuma In the pmpoaed comtituticm, whioh mæta the appmval of the Mst liberal and enllghtemd BtatoBMn of our party, axid touehed the hearta of thoae hemtofom oppoaing m, and above all, hia large heart axid eonnaxiding talenta, point to hia with imerring cer- talnty, as the cmly aan in our aiâBt who can mstom to m a^iin the bXeaBÍxigB of peaee.-^-^ '^ Homton Uhicm wæ very bitter in ita critleira of HaaiXtcm. Zt argued that he was unpredietabXe, an ^lbid.. p. XX7. ^Zbid.. pp. 1X9-121. ^^lbid.. p. 122. ^Huntsvllle Uhion Republican. Jum 2, 1869. 174 orøortuniBt, axid t^t he went frra om extroM to the other In hi8 bidø for offiee. Zt aceuæd hia of hidlng behixid the Republlean akirt whlle belxig eupported by DeMcmtie followem. Zt aeeuaed his party of having mbelled agaimt the govemMnt of the Unlted Statea, of having tom frra the Mst head the AMriean flag, and of havlng set up a ehax*ter of hiaaan alavery, humn anamhy, and degmdatlm.^ The deeiding faetor in the mce was Major Qemral Jc^ F. ReymldB idio had COM to Texas in April as ailltary eoBntander. He wæ aaid to have foziæd an allianee wlth the Davis fæticm in order to seek the poat of United Statee een- ator. On Septesâier 25, he published a letter to tm Fmsi- dent in i^eh he declamd that the election of Haailton would **pXaee the state in the haxids of the very mn who, chirlxig the entim period of the rebellicm, exerted every mwe to des- troy the Uhicm*^ axid idio had uxiiforaly oppoæd the mconstmc- tlon laws. He also æaumd the Fmsident that a coalition exlsted betwæn Hamiltcm's party and the Deaoemts and ex- mbels.-^^ Ouring October axid Novenber he maoved aaxiy Haailton mn from offiee, axid on NOveaber 10, ordered a ten-day supple- mntal mgistmtion in order to diBquaUfy anti-RadicaX Mn.34 ^^uBton Uhion. JUm X4, JUm 25, JhXy 21, Augmt 26, Oetober 7, and 6ctober l4, I869. ^•^lbld.. October 14, 1869; Austin Republican. Octo- ber 13, 18557* ^R. S. Henry, Thm Story of RecomtmeUon (New Yoz^: Foter aaith, 1951 )# pp.TBig^SSîr 175 The aetmX møuXt of the eXeetion wæ mver known. BeymXdø annoumed that Davle had won the eXeetlon wlth 39,90X voteø eonpnmd to 39,092 f» HaalXton, The najority of the peopXe beXieved, hemver, that HraUtra had won the 35 ræe.^ The Amtaji Re^Xlean voieed the æntiMntø of the pe^e idien It øaldt Mo mtter what the møuXtø of the eXeetlra nay be de- eXamd hM QmmvmX ReymXdø, QemraX Haailton and hlø frlendø havn gaimd the vlûtery« The ia^pnrtiaX pen of hløtory wlXX so meord it.-^ 'IHtnng X869 the eaæ eomemlng Qeorge w. white, John cafiUeø, and othem In eoxmeeUon with the Texæ ixidra- nlty bcmidB wæ ættXed in the supreM eourt. Thie pmbXra had arXaen under HaaiXttm'a pmvlBÍomX governMnt, but them had mt been øuffleient tiM to aoXve it. Sult wæ brought by Qovermr J. W. ThroekMrtcm in 1867 to mcover the boxide and to enjoin White, ChiXea, axid other defexuSanta frra m- eelvlxig payMnt on thra frra the FederaX goveraMnt. At the very beglxmixig of thls case, Texas v White. amse the ques- tion whether Texas, after her efforts at seeesslon, was still a ''øtate'* sinee she was at that tiM still unmpmsented in Congmss. Tho deeisicm wæ 35DeShleXd8, o£. ciit., p. 259. ^Amtln RepubXiean^ Jæuary 5, 1870. 176 standlng the eventa that had tramplred.37 Xh tha eouræ of pmaeouUra In thie caæ, evldeme wæ glven whleh lapUeated Haailtcm In a qmatiombXe aaximr. Whlte and ChUea both teBtified that Haailtra, foUowlng hla tera æ provlalonaX govermr, had been wqiaoyeâ æ their at- tormy to aid thra In æeuring payMnt of the b«ids in thelr pmæaalon, for whleh he was paid |X0,000 and was to get an- other 1X0,000 when the bonds wem mdeeMd. AB govermr, he had erltleiæd Whlte and ChUea for havixig taken aoxiey whieh had been ecmaecmted to the aehool fund. Later he wmte hla frlend, J. R. Barmtt, stating that the govemarat of the United Statea wouXd mdeea the b^ida and adviaed hia that the offer on the part of ChiXoB and White to æll BOM of the boxida WM a good propoaltion.'^ Them wæ no way of pmvixig that the atory of Whlte and ChiloB wæ true, but It gave Haap iXton'B enealeB øOHthlng with wliieh to slander axid critleiæ hla. During X870 and I871 the Davis admixiiatmtion gmw in unpopularity. Hamilton wæ amoxig those who wem outspoken agalmt it, He wæ stlll fighting for the principles and progrra that he had advocated nrtiile provisional govermr. He oalled upon the people to maÍBt some of the laws that wem belng fomed upon thra: -^Robert E. Cuahaan, Leadlng Cc>nBtitutional DeciBiom (New York: F. S. Crofts and Co., 193^;, PP. 31-33. ^^Plerson, "Texas v White', l0£. cit., Vol. XVZZZ, (X915)f PP- 354-355. 177 The Congmss of the Uhited Statea wUl hear our coaplaintB and redmaa our wrcmgB. Who ever ÍB wllling to eenbat granny and corruption and to æøist in hurling frra power t»ie uøurpem i^o am rttlnlxig our State I hold æ my brother, idiatever hlø poXltieaX anteeedentø or pmdUee- tlom aay be; and ahouXder to ahouXder with thoæ who 2î*3á^*^^ '^ Uberty, Z wlXX fight this battle to tm exiQ. —^ For a apeelaX eXætion in Oetc^r, X87X, DavU an- noumed that pæee offieera axid alUtiaMn wcmXd aupervlæ the poXXa and urged that peopXe ahouXd vote and then go quieUy hOH* HaaUtcm, whUe on a private bmimBB trlp to QaXvoBtm, wæ aaked to apeak. Hia entim apeeeh eomermd the eXætion XawB. He deeXamd that on the day of eXeetion he wæ going to Amtin to Bpend the day with hia friendB whemver he choBo, axid that he damd Davia to interfem. DlBpXaying hia uæ of sareanBi he aaiid s lÊy Mtmr taught M mver to aake aouthB and Z mvev did øuoh a thlng in my Xife, but now X'a ordemd when Z go to vote, mt to aay a word, but to get on ay oXd bobtaUed pcmy and go atz^Oght hOM axid go to bc l.^o He then deeXamd that mver wæ them such an ediet—mt even by Kalser WiXXira. aunUton was a aeaber of the Tajqpayers Conventicm i^eh Mt in Austin on Septraber 22 through SeptexBber 25, X87X. Zt wæ eoapoæd of delegatea frra xiinety-four eountiea. ^e purpoæ, æ atated in the eaXX issued on Augmt 5# was to aæ what ecmXd be dom about the 'exorbitant expexidituma and ^Auatln Republican. July 25, I870. ^^^^DBBMmUe S^teøaan (Amtin), Se 178 omraouB taxea'* to whieh the people wem aubjeeted and to sæk mdmas frra the XeglaXature then In æaslcm. HaaUtcm aerved æ the ohalraan of the Cenaittee of TWenty-om to con» ølder and mport buBlness for the eonvention.^^ Qm of the MBt Xm^ovtant caæa with whieh Hrailton wæ eonmeted as an attormy wæ Bx-Farte Rodrigmz. Aeeord- iBg to the eXeetion mtums In X873# Riehard Coke, a Deaæmt and ex-Coxifedemte, was vletoriom over ûavia In his bld for m*eXeetion t;o t;he govermrship. Davis t^^ied to produee evldeme of lUegaXity In the eXeeUon, thmvmhy deprlvlng Coke of t^ offiee. Joæph Rodrigmz of Harris County waa acemed of havixig voted twlee. Haailton wæ eaq;>Xoyed as om of his lawyem axid trled to prove that though his elient had voted twlee he had ecaaiitted m offexiæ beeame t;he eleetion ms Ulegal. Thm court's deoision was that the legislatum had the right to change the pollixig places but not the tiM for keeping the polXs open, themfom, tm eleetion wæ ille- gal. The deeision msulted In Texæ having two state govem- Mnts siaultamoualy for a few days, a situaticm that could have eauæd ærious tmuble. Nevertheless it was Haailton's appeaX and deXivery that aade the case faaom. He had heXped to m-estabXi8h an honeat goverranent In Texas, axid æ DeShields stated, that wæ u 'fitting finale to the untirixig efforta cf ^•hílnkler, 2£. clt., p. 128. Cîeorge E. Shelley, 'The Semi-Colon Court of Tixæ, Btem HlBtorieal Quarterly. Vol. XLVZZZ (1945), pp. 179 B bmve patnot."*^ **Qovemor A. J. Haailton ia dead,** announced the SsmS& ? ^3.e|srnph on Aprll 13, 1875. The mwa of hlB depar- tum frra this Xlfe on earth wæ meeived by the peopXe of Texæ in imioh the saM apirit as that æeredlted to his ar- nvaXa to and departuma frra the state in tíie pæt. To hia fhnlXy and tmmt of tvXmnúa it æant an irmpXaeeabXe Xoæ Imt to hlø enamlea it algnlfled cmXy the paælng of a fli^t- li« patnot of aagnlfieent abUl^ and apXendld genlm. HaaUtcm had been iXl for æveraX a mthB wlth an in* feetl ^3jDeShieldB, 0£. eit., p. 26I. 44 Panæmtle Statesnan, April 13, I875. 180 ehumhes. The Tmvis RiflOB, fim eoapcmies, Mmbem of the har, heads of state depart^nts, and maxiy fnexids followed the body to the aeeonypanÍMnt of solemn ausic to its læt and flnal mating plaee.^^ Fease was om of the speakem at the funeml to pay tribute to the neMry of Hamilton. He spoke of his high ehameter, both publle and pnvate, his unselfish devotion to publie welfam, his libemlira, and his homsty: An intiMte, perscmal, and politleal assoeiation with hia for upwarda of twenty-five yeam Jmtifies M in saylBg that I have known few publie Mn who possesæd more enlarged axid liberal views—who have been more tolerant to the opixiiom of those with whra they differed, or mom unælfish in their devoUon to publie intemst axid welfam. . . .It is uxmeeessary for M to dwell upon his chameter and mputation as an advoeate in his eourt, whem his eXoqmnt voiee has been æ often heard, whem hls fomxiaicfs;) have ældra bæn equaled axid mver exeelled.^ Attomey Ctemral Qærge GXmvk, also one of the speak- em, predloted that Haailton would be meognized by futum Xawyem æ a gmat mpmæntative of the bar: For thirty years he has bæn a eouxiæXor of this ccmrt, durixig whieh time a pmud edifiee of Jurisprudeme has been mamd, whem befom, aXX was erafmlon, uneertainty, distmss, and meeBBarily injuatice. Side by side with the gmat lawyers of Texas idio have gone befom hia, he Btooo as a eo-laborer in the delicate a id difficult work, and today upon alMst every stom themof, Is iapmsæd the eharæter of his genim. The Mrble My crumble and tradltiom may pass into obscurity and forgetfuXmaB, but agea henee, the lawyem of Texas will know that he llved and aeted no obBcum part in the gigantie legal ecmtest of his tiM.^7 ^lbld.. April 15» 1875. 181 Wlth the pmss, BáaUton in death, æ weXl æ In Xlfe, eontinued to be a eontmvemiaX Bubjeet in the eoXuam. Thm nmmtmn Telegmph meognized hia æ an intelleetual glant, pmseBBing sæial qualltles to an ealmnt degræ, but often Btubbom axid ælf-willed in hia c^lniraø. Althoui^ it ac- knowXedged Haailton æ a talented Xawyar, it wouXd mt adait that he waa a aafe Xeader. ""Them can be but XittXe pmflt to any of m In aeaxinlxig th^ politieal life of the deeeæed ^^ m 48 alnee X8o0, it deelamd. ^a QaXveatmi News dæXamd that few mn in Texæ wem glfted with Mntal powem ecpial to thoæ of Haailton. It contexided that had hia habita of applieatlcm axid stoadiness axid erasisteney of purpoæ ecpialed his power of mæonlng, his uæ of language axid fome, axid fXuemy of deUvery, few æn, if axiy, in Texas, would have surpææd hla at the tar, as few 4o or nom did as a popular omtor.^- ^« Amtin Deaoemtie Statesaan paid the Mot flatter- ing tnbute to the deceased of any of the newspapem. It de- eXamd that his publie serviees had been gmat, and that his love for Texæ was so fervent that he qult the South in order to k^o Morth to use his influenee to see that ahe aight be re- Btomd to thm Ifriicm. Zt proelaiMd Hamiltwi the gmatest Btump Bpeaker of all tiM, mting hia powem æ an omtor ^Homton Telegmph, April l4, 1875. ^^QalveBtofi JSswB, April 13, 1875« 182 aquaX to any of the gmat omtom, elther aneient or modem. Aa provlalcmaX govemcM:*, It deeXamd that imtæd of exemia* Ing the pcmem of the eoncpteror, he had deaXt cmt Jmtiee and Xralemy to the pæpXe.^^ Wmn atudenta of hiatory Btudy the words, wlsdra, axid mvkm of A. J. HaaUton, pXm the cntieisM and praises by friexida, exieaies, axid hiatoriam, them ia but one con- eXmlcm. He was a devoted father and hmbaxid, a spirited poXitieian, a shrewd Xawyer, a gmat omt;or, and a eomerva- tlve pmvÍBloml govemor. Oxay one of thoæ positlom, that of pmvlaioxial govemor, hæ ever been criticized. When Ikuailton mturmd to Texas æ pmvisional gover- mr, It wæ truly '•the tÍM that tried Mn*s souls.** No om, mt even the Fmsident hlMelf, eould have pleaæd all people. But Haailtcm crae as the Fm8ident*s repmsentative, mt as a prodigal son. He believed that Texæ wæ still a part of the Uhlon but that ahe had strayed away and befom ahe eould mtum, it wæ mceBaavy for her to show mpentance by adher- Ing to the pmaidentlal mecmstmction plan* A8 pmvlsional govermr his appointMntB wem wlae, his proclaMtiom wem falr and mcessary, and his mlations to the allitaxy wem tactful. Thm gmateat critieira of hia adaixiiBtration wæ the delay of hia call for the meonstme- tlon conventlon, and yet, the maults showed that the people wem Btill not ready when the call wæ aade. 50Deaocmtic Statesman, April 13, 1875. 183 Amther enuelm of hia woz^ æ pmvlaicmal govermr wu that H acMMi æ he aaw t^t hia own party would mt be aXcNitod to tho new øtate govemnent, he forøook hlø dutieø and went Morth to aeek mvenge. When om eomlderø Hiniltm'ø imaXterabXe deteraimUm to øtand by the Uhion at aXX eoet and hlø hcmeøt beXief that the newXy eXeeted offieem wem uiimpen^mt mbeXø ttnwlXXlng,even , to æeept the Fmøident*ø nodemte terH, It io mt diffieuxt to uxidemtaxid hlø aetlom. Me ateltted that he went away beeauæ he did mt pmpoøe to Uve mder a mbeXXiouø govemmnt. To have endomed the mw S^BvemMnt wouXd have been to aekxiowXedge that he had COM æ pmvlalcmaX govermr to øerve raXy untU any kind of govem- mmt eouXd be arran^. To Hámilton that wæ iapoøøible. SOM om niglit aok why he bmke with Johmcm and aXlgnad hlnæXf wlth the extreM mdleaXs in Congmsa in X866 axid then caM baek to Texæ axid fought fer conærvatira agalmt radleaXlra in 1868-1869 • Haailton dælded in 1866 that Jeftmaon, in hla flght wlth Congmæ^ was ehanglng hia moemtmetion philæophy axid wavering toward the æntiMnta mt the Scmth, while Ccmgmæ was defending the origlnal pXan æ glven by MmoXn. But idwi the radieaXa bæaH so famUe 88 to excMd by far the orlglnaX inatmoticmB, HBnilton eould m Xonger endoræ thelr pXan. Zt wiXl be mUeed that Hanil* ton'8 ideæ toward the Unlon and meomtmction rraalned the gaM throuiøiout the øtruggle. 184 Aa Bhown throughout hla public oamer, Haailton felt that when hlø ærviee8 ecmld be of no further valm to his etat;e, it wæ tiM for hia to takø his læve. So it was wlth death. When Ul health CBM his way and depnved hia of hia ærvlee, he øXlpped quietXy and quiekXy thmugh Iife*s door Into a gXoriouB Union that wiXX mver be thZHMitemd by m- beXXlon or elviX øtnfe. BIBLIOQRAFHY A. FRIMARy SOURCES X. Newsmmrs Austin Rewbliean (Austin), I867, 1868, I869, I870. Bogton ^ly Advertiær (Bostonh 1863. Civilian and Qazette (Qalveston), 1865. ûyjjis Herald (ûallas), I861, I865, 1866. Dallas Morxiing News (Dallas). I865. Dcn iemtic Statesman (Austin), I871, 1875. Bvening Transcript (Boston). I863. Flake*s BuUetin (Qalveston), I865, I866. Qalveston News (Qalveston). I86I, I865, 1875. Qalveston Republican (Qalveston). I868. Houston Telegraph (Houston), I865, I866, I869, I875. Houston Union (Houston), I869. Huntsville Uhicm Republican (Huntsville), I869. Marshall Republican (Marshall). I865. Itew York TÍMS (New York), 1862. San Antonio Daily (San Antonlo), 1866. San Antonio Texan (San Antonio), 1859. Southem Intelligencer (Austln), I856, I858, I859, I860, I865, ^ IB56T Telegraph and Texas Register (Houston), I850. 185 186 Texas State Qazette (Austin), 1850, I851, 1855, 1866, 1867, TÆBBg 2. Othem Biographioal Dietlonary of the American Congmss. Washixig- ton: u. s. QoverxHntnBFintlng Offlce7 1928. Babb, T. A. In the Bosra of the Conanchea. Dallas: Har- MBMB aaãnM* Docuaenta and Speeches During the Civil War Feriod in Texas. A Éound Collectibn of MxBeenamom*'3pæeheB. "Tustm: Amhives, Texas State Library, 1863, Blliott, Claud, "The FmedMn's Bumau in Texas," The Southwestern Historical Quarterly. Vol, LVI, Ausiin: The ^xas Historical Association, 1953. Executive Reoords, Register Book 258, MSS in Arehlves, Texæ State Library, Austin, Texas, Exeeutive Reoords, Hegister Book 281. MSS in Amhives, Texas State Libmry, Austin, Texas. Pleming, W. L. Dooiamentary History of Reconstmction. New York: Feter Smlth, 195^ QaaMl, H. F. N. (crap. ). The Laws of Texas. Vol. V. Amtln; QaaMl Book Stom, 1901. Hamllton, A. J. Executive Correapondence. MSS in Amhives, Texas State Library, Austin, Texas Jourml of the Convention of 1866. Austin: Southem Intelli- • geneerTîrflce, 1866. Jo\xrml of the Convention of I868-I869. Austin: Tmcy, Sil- aerînig and Co., Prlnters, 1«70. Llnn, John J. Realniscence of Fifty Years in Texas. New York: D. and J. sadiier and Co., ltio3. 187 Lttbbæk, FramÍB R. Six Deeades in Texæ or Mraolrs. Bdlted by C« W. lCrnos. AmHxit Ben'^. joms axid Co«, FriBters, 1900. Miemflla CoUoction of Lineoln Fapors. Amtin: Univemity of Taxas Library. MorthL,, ThoMB. Flve Years in TexaB. 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