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Texas 1855 - 1881 SENATE JOURNAL of the NINTH LEGISLATURE FIRST CALLED SESSION Capitol of Texas 1855 - 1881 Photograph from Archives Division Texas State Library SENATE JOURNAL of the NINTH LEGISLATURE FIRST CALLED SESSION of the STATE OF TEXAS February 2, 1863 - March 7, 1863 Compiled and Edited from the Manuscripts in the Texas State Archives by James M. Day assisted by Alvin Stanchos, Jr. Elizabeth Whitlow with an Introduction by Cooper Ragan TEXAS STATE LIBRARY AUSTIN ii 1963 FEB 1 5 1965 Published by the Texas Library and Historical Commission C. Stanley Banks, Chairman Mrs. Albert C. Cauthorn Fred Hartman Edmund Heinsohn Walter E. Long William R. White Dorman H. Winfrey, Director and Librarian 400 Copies Printed in August, 1963 Printed by Waco, Texas Contents Introfluction v - vi Preface vii - viii Proclamation of Governor F. R. Lubbock .._ xi - xii Journal 1 Appendix I: Members and Officers of the Senate of the Ninth Legislature, First Called Session 159 Appendix II: Message of Secretary of State to Ac­ company the Address of F. R. Lubbock, January 5, 1863 161 Appendix III: Report of Texas Military Board, January, 1863 167 Appendix IV: Executive Messages to the Senate of the Ninth Legislature, First Called Session 182 Appendix V: Joint Resolution of Gratitude to the Confederate Soldiers From Texas 189 Index 192 ni Illustrations Capitol of Texas, 1855-i;-Sl Frontispiece Austin in the 1860's ix Governor Francis Richard Lubbock x Senator Leroy W. Cooper 44 Colonel Benjamin F. Terry 65 IV INTRODUCTION The regular session of the ninth legislature adjourned in January, 1862, to be reconvened in special session one year later by Governor Lubbock. During 1862 the Con­ federacy reached its high watermark. Stonewall Jackson's brilliant Valley campaign was followed by the resounding victories of General Lee at the Seven Days' and Second Manassas. Lee's invasion of the North in September, how­ ever, resulted in the drawn battle of Sharpsburg. After this repulse and Lincoln's Emancipation Proclamation, the hoped for recognition of the Confederacy by the European powers never came. While Texas had expelled all Federal soldiers from her soil after the recapture of Galveston on New Year's Day, 1863, nevertheless, the people had by then learned the meaning of defeat. The border states were overrun, the Mississippi River had been secured by the Federals except for Port Hudson and Vicksburg, and the Confederacy was cut in two. Remnants of the Sibley expe­ dition to New Mexico had trudged home to mingle with the wounded from Pea Ridge and Corinth. The appalling casualties at Shiloh and Sharpsburg had shocked the South as they did the North. By the end of 1862 the people of Texas were saying what they would not admit in 1861— that the war would be a long and costly one. Already there were signs of dissatisfaction among certain elements of the population, though the vast majority were cheerfully bend­ ing their energies to the task of providing food, clothing, and the materials of war to sustain their regiments. It is in this setting that the first called session of the ninth legis­ lature reassembled in February, 1863. The membership of the legislature had changed con­ siderably during the war because of the demainds of mili­ tary service. In the senate, eleven of the members had resigned, one to become attorney general (Shelley) and ten to accept commissions in the army. Of these, one had been killed while serving in the frontier regiment (Oben- chain), another was soon to be elected to the Confederate Congress while on duty in the field (Branch), and a third was to reach the rank of major general before the end of the war (S. B. Maxey). Two (Burnett and A. F- Craw- ford) became the colonel and lieutenant-colonel of the same regiment, an example of cooperation rarely found among senators. The extra session of the ninth legislature had been called by Governor Lubbock after agitation by the news­ papers throughout the state for legislation to encourage the enlistment of troops and for retaliatory laws to meet the feared consequences of the Emancipation Proclamation freeing the slaves. As reflected by the Senate Journal, most of the bills considered at this called session were those affecting the soldier and his family. Laws suspending the statutes of limitation in civil actions and regulating foreclosure sales were enacted. Appropriations were made for sick and wounded soldiers, for additional pay to the state troops, and for the support of the needy families of soldiers. Laws were passed authorizing counties to provide assistance to soldiers' dependents and to regulate the distribution to them of cloth manufactured in the state penitentiary. Various mutual aid associations to sell merchandise to families of soldiers at cost were incorporated by special acts. Measures were enacted to provide for the defense of the frontier. The proclamations of Lincoln had declared all slaves within the Confederate lines free and advised them to assert and secure their freedom. The Legislature passed two statutes to counteract these moves by the North. One spe­ cifically defined the offense of inciting insurrection and prescribed severe punishment therefor. The other provided for the manner of dealing with persons of color invading or coming into the state with the armed forces of the enemy. In addition to the proceedings of the senate as con­ tained in the journal, the editor has included the messages of the C^vernor to the Legislature, of the Secretary of State, and the report of the Texas Military Board. These are interesting contemporary summaries of the military, political, and financial situation of the state. Now that it is in print, this historical material not only will be preserved but wiU be readily accessible to the researcher. Cooper K. Ragan Houston, Texas V] PREFACE This is a continuation of the printing of the journals of the Texas Legislatures which met during the Civil War. It is the first printing despite the fact that the journals were or­ dered published contemporaneously and that two efforts were later made to place them in book form. The exigen­ cies of war prevented the journals from being printed at the end of the sessions of the ninth legislature, while the later efforts of E. W. Winkler and Harriet Smither probably failed because of a shortage of both staff and funds. On the pages of this journal are recorded the efforts of a group of dedicated men to the principles in which they believed. The central theme of the book is the prosecution of the war. The work of the Texas Military Board is dealt with at some length as it represented the heart of the Texas war effort. This board penetrated into the lives of Texans in the Confederate Army, the state penitentiary, and the pubUc at large. It employed agents, sold bonds, purchased cotton, gunpowder, a gun boat, and weapons, and attempted to alleviate the suffering of Texas soldiers serving in the South. It comes as no surprise that authority for this oper­ ation was centralized in the hands of the governor, the comptroUer, and the treasurer; nor was it considered unusual that the legislature saw fit to appoint a committee to see that these three top officials had properly performed their duties. One might be surprised to find the idea of subsidies to private enterprise expressed. The senators went to some length in discussing the "black book" to be kept by the county clerk of each county. The purpose of this book was to list the names of those who refused to support the Confederacy. This particular measure fell by the wayside, but its discussion points to an attitude on the part of those involved in running the state government. In compiling and editing this journal every effort has been made to keep the original "flavor" of the 1860's and at the same time make it an accurate, readable journal. The journal book from which the editing was accomplished looks to be in the handwriting of Phineas de Cordova, the secretary of the senate, and it understandably has some inaccuracies and omissions in it. The editor has aimed at vii standardizing the spelling of such items and has attempted to locate the omissions and place them in context. When this has been accomplished the inserted material is noted in [ ] brackets or in a footnote. Efforts were made to locate all speeches, committee reports, and other pertinent material, but this sometimes met with no success. When that is the case, it is so noted. The iUustrations are included to add a bit of color to the proceedings. The picture of Congress Avenue and the state capitol show where the senate met, while the photo­ graph of Senator Leroy W. Cooper shows one man involved in the operation. Benjamin F. Terry's photograph is in­ cluded because his death was the cause of great eloquence and mourning (see Journal of the Senate of the Ninth Legislature, Regular Session, 165-167). Governor Francis R. Lubbock is included because he was responsible for call­ ing the legislature into special session. This preface could not be closed without expressing appreciation to Mary Osburn, Newton Mitchell, Floree Haire, Georgia Yarbrough, and Kenneth Nations who kept the reference work going and allowed the time necessary for completing this work. To Donna Yarbrough and Bill Kleinschmidt thanks is given for assistance in compiUng the index. James M. Day Director of State Archives vir. IX Francis Richard Lubbock Governor of Texas 1861 - 1863 Photograph from Archives Division Texas State Library The State of Texas Proclamation By The Governor Whereas, the condition of Public affairs, both State and Confederate, renders it necessary in my opinion that the Legislature should be convened in Extra Session Now, Therefore, I, F.
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