786 



TEXAS. 



on small reservations, in order more thoroughly 

 to control them. 



TEXAS. After the surrender of Gen. Kirby 

 Smith to Gen. Canby, and before the arrival of 

 the force under Gen. Weitzel, which sailed from 

 Fortress Monroe about the end of May, a good 

 deal of anarchy prevailed in Texas. The Tex- 



been enacted before the last of February, 1861, 

 and directed officers and citizens and the courts 

 when established, to be governed by them, ex- 

 cept in so far as they might be affected by the 

 emancipation of the slaves by United States 

 authority, or by other acts of the United States 

 for the suppression of the rebellion. The procla- 



as troops were disbanded before the commis- mation concluded as follows : 



sioners sent to Gen. Canby arrived, and carried 

 their arms with them, and also a large amount 

 of ammunition, and horses and wagons. In 

 view of this fact, Gen. Granger issued an order, 

 requiring all persons having such property in 

 their possession, to deliver it up to the proper 

 United States officer. There were also at Aus- 

 tin, and in various parts of the State, consider- 

 able quantities of military stores and other prop- 

 erty abandoned by the Confederate authorities, 

 exposed to plunderers, much of which was 

 actually carried off by persons who claimed to 

 be creditors of the State or of the Confederate 

 Government ; and Pendleton Murrah, still ex- 

 ercising . the functions of Governor, issued a 

 proclamation, addressed to the sheriffs of the 

 various counties, requesting and enjoining iipon 

 the various counties of this State to collect 

 and preserve all such public property, and hold 

 the same subject to the order and disposition 

 of the legally constituted authorities of the 

 State ; reporting said property accurately, as it 

 shall be collected together, to the Executive at 

 Austin. 



Gov, Murrah also issued a call for the Legis- 

 lature to meet on the 16th of July, and ordered 

 an election to take place on the 19th of June, 

 for delegates to a State Convention, to meet 

 on the 10th of July, and take measures for the 

 restoration of the State to the Union, in the 

 hope of avoiding a military administration of 

 affairs by agencies of the Federal Government. 

 But before the time appointed for the election 

 of delegates, Gen. A. J. Hamilton was appoint- 

 ed Provisional Governor by President Johnson. 

 On the 21st of July he arrived at Galveston, 

 accompanied by a number of prominent refu- 

 gees, and on the 25th issued a proclamation 

 announcing his appointment, with instructions 

 to take the necessary steps for holding a con- 

 vention, to be composed of delegates chosen by 

 that portion of the people of the State known 

 to be loyal, for the purpose of amending the 

 Constitution, reorganizing the State govern- 

 ment, and restoring the State to constitutional 

 relations with the United States. He fixed no 

 time for the convention, but announced that 

 suitable persons would be appointed in the dif- 

 ferent counties to administer the oath of am- 

 nesty prescribed in the President's proclama- 

 tion of the 29th of May, and to register the 

 names of loyal voters. On the ground that 

 there were "no civil officers in the State," and 

 that the great body of the people were labor- 

 ing under such disabilities as to preclude elec- 

 tions, he announced that indispensable district 

 and county officers would be appointed. He 

 declared to be in force only such laws as had 



The people of the State are invited to engage in 

 the work of reconstructing local government for 

 themselves. I come, tendering, in the name of the 

 United States, amnesty for the past, security and 

 freedom for the future. Every generous heart will 

 feel, and every candid mind admit, that the Govern- 

 ment of the United States seeks not, and has never 

 sought, to humiliate the people of the South. It 

 but asks them to be friends rather than enemies. 



The negroes are not only free, but I beg to assure 

 my fellow-citizens that the Government will pro- 

 tect them in their freedom. 



For the time being the freedmen are recommended 

 to engage with their former masters for reasonable 

 compensation, to labor at least till the close of the 

 season for gathering the present crop. For them, 

 generally, to do otherwise, would be greatly to the 

 injury o'f themselves and the community at large. 

 But let it be understood that combination among 

 those interested in securing their labor to prevent 

 them from hiring to persons who will pay the best 

 price for such labor, and to ostracize in society those 

 who oppose such combinations, will meet with no 

 favor at the hands of the people or Government of 

 the United States. And candor compels me to say 

 to the people of Texas, that if, in the action of the 

 proposed convention, the negro is characterized or 

 treated as less than a freeman, our Senators and Rep- 

 resentatives will seek in vain admission to the halls 

 of Congress. It is indeed strange that men should 

 take a solemn oath to faithfully abide by and support 

 all laws and proclamations which have been made 

 during the existing rebellion with reference to the 

 emancipation of slaves, and in the next breath favor 

 gradual emancipation. It is the part of wisdom and 

 the part of duty to accept what is inevitable without 

 resistance, and recognize truth however unpalatable. 



Governor Hamilton's proclamation for the 

 reorganization of the judiciary provided that 

 the district courts should proceed with the trial 

 of all criminal causes ; that all civil suits should 

 be proceeded with to judgment and execution, 

 but that in no action for debt should final judg- 

 ment be rendered until further orders ; that 

 the existing organization of districts x and the 

 usual time of holding courts, should continue; 

 that attorneys-at-law, before practising, must 

 take the amnesty oath, those not entitled to its 

 benefits being precluded till pardoned ; that all 

 persons of color were to be considered as on an 

 equality with white men in respect to the pun- 

 ishment of crime, and when tried by virtue of 

 indictments before presented and found guilty, 

 the judgment of the court was to be the same 

 as if the defendant were a white person ; and 

 that justices of the peace might render final 

 judgment. 



Judge McFarland, one of the district judges 

 appointed by Gov. Hamilton, had the follow- 

 ing questions brought before him in several 

 cases: 



1. As to the effect of the law known as the stay- 

 law, passed by the Texas Legislature under the Con- 

 federate rule ; and also, as to the effect of the act 



