740 



TEXAS. 



of the competent tribunal, and aid in maintaining 



public order and moderate counsels. 



In testimony whereof, I have hereunto signed my 

 hand and caused the great seal of the State to 

 be affixed, at the city of Austin, this 12th day of 

 January, A. n. 1874. 



(Signed) E. J. DAVIS, Governor. 



To sustain him in his position and to prevent 

 appruhended violence, Governor Davis had also 

 applied to the President of the United E 

 for the use of Federal troops. This application 

 WM denied in the following dispatch received 

 from Washington : 



EXECUTIVE Mission, January 12, 1847. 

 To Oottntor Data, Atutin, Teacat: 



Your dUpatchet and letters reciting the action of 

 the Supreme Court of Texas in declaring the lute elec- 

 tion unconstitutional, and asking the use of troops to 

 prevent apprehended violence, are received. 



The call i not made in accordance with the Con- 

 stitution of the United State* and the acts of Con- 

 gress under it, and cannot, therefore, be granted. 



The act of the legislature of Texas providing for 

 the recent election having received your approval, 

 and both political parties naving made nominations 

 and having conducted a political campaign under its 

 provisions, would it not be prudent, as well as right, 

 to yield to the verdict of the people as expressed by 

 the'ir ballots I 



(Signed) U. 8. GRANT. 



On the 18th the newly-elected Legislature 

 met at the capital, and both Houses weiv or- 

 ganized without opposition. A committuo hav- 

 ing waited upon Governor Davis and notified 

 him of the organization of the Fourteenth Le- 

 gislature, the Executive replied that he could 

 not recognize them as a legally elected and con- 

 stituted Legislature. The written reasons for 

 this decision were given the same day by Gov- 

 ernor Davis in the following communication : 



EXECUTIVE Owes. STATE of TEXAS, I 

 Aum*, January IS, 1874. f 



GurxuKix : In reply to your Verbal communica- 

 tion made to me to-day I have to state that I do not 

 think it advisable for the public good that I should 

 disregard the decision of the Supreme Court made 

 recently touching the late election, by recognizing 

 the gentlemen you represent as being the constitu- 

 tionally elected Fourteenth Legish.- 



It seems to tn<kthut there is some better solution 

 of the present difficulty than that the government 

 and those claiming to be the elected as n Legislature 

 should jointly combine to overthrow the judiciary 

 and disregard their construction of the constitution. 

 I must believe that such a course would leave the 

 door open for dangerous uncertainty In the future, 

 both in the matter of author 



lion that may bo improvised by the gentlemen you 

 represent, and in the matter of the constitution and 

 the existence of the highest tribunal of our State. 

 There may bo found two Supremo Courts, and even 

 two Legislatures claiming authority. It is oven now 

 claimed by some that the Thirteenth Legislature is 

 at present the only legally existing Legislature, and 

 that It only can constitutionally convene and provide 

 for this emergency. It will then, after all, be a 

 settlement brought about by a species of revolution 

 or violence, as against the court making th>- ,i. 

 It is true itiscasy enough, and it SIM nm tin- simpV-t 

 solution of the present difficulty, that we should 

 jointly adopt the course, as this Supreme Court has 

 no way of enforcing its decisions as against the Ex- 

 ecutive and Legislature combined ; but I consider 

 tint in this ease the easiest course is now one that I 

 would like to be a party to. I will be happy to join 



you and the gentlemen you represent in applying the 

 promptest and most feasible remedy in ti 

 It has been repeatedly held thut i 

 Congress and the Executive of i h. 

 settle the question as to what bod; 

 tute the Legislature and which is the proper State 

 government. This way affords a, solul ! ac- 



cepted by all. I am more free to act with n. 

 donee in securing with you or tin ,- 

 sort of solution, because 1 :'. el n. 

 interested herein. I accept the < 

 constitutional or not, as conclusive turn: 

 and will, in no event, continue t" n;ne- 



tions of the office I hold beyond my constili. 

 term of four years. 



KI'MCND J. DAVIS, Gov. 



To the Honorable H. Ernseos and other gentlemen 

 of the committee. 



On the same day (13th) the Thirteenth Le- 

 gislature met in the basement <>f the Capitol. 

 but there was not a quorum of cither House 

 present. 



On the 15th the following communication 

 was addressed to Governor Mavis hy a com- 

 mittee of the Fourteeth Legislature: 



COMXITTKE-ROOM, AcsTix, January 15, 1874. 

 Oocernor K. J. J'nrit. 



SIB: The House of Representatives of the Four- 

 teenth Legislature yesterday passed the following 

 rcsolui 



WAfrtat, The Secretary of State has ret 

 liver to the Speaker of the I! 

 the returns of tl M in (ictoli.-r li 



Governor, Licutcnent-Govcrnor, and constitutional 

 amendments : therefore, be it 



SttolrtJ, That a committee of seven be appointed 

 by the Speaker, whoso immediate duty it shall be to 

 arrive ut and determine the r :ns of 



said election for GUM rn, r. l.i, nten r, and 



constitutional amendment-, from such source and hy 

 such means as are deemed best and most practicable 

 by said committee: and said committee hhull report 

 their action to this House at as early a period u 

 sible. BsldoommltUe may employ nil t!i 

 clerks and messengers, and may invoki 

 of theSerireant-at-Armsandhis assistants, BIM 

 officers of the House, to aid them in the discharge "f 

 their duties. The committee shall have pov 

 send for persons and papers any where in the ' 

 All pr ',ed by siiid 



recte'l t- Arms or Assistant S, rireant- 



at-Arni* of the House of H, i . and shall 



be signed by the chairman and at least one 

 member of said committee, and shall bo executed by 

 .'ins or nny assistant. 



The committee appointed under the resolution 

 have instructed me to address to yon tliis communi- 

 cation, and request you, as the Chief Kxeenti 

 tin- Stat. . to direct the Secretary of State to .! 

 to the Speaker of the House of K> 

 tliis committee, the returns of t' held 



December 2, 17S, in accordance with the law and 

 in accordance with your proclamation. In rei 

 the demand !> this 11. -use of li, 

 such r 



them till yon recognize the Fourteenth i 

 Tli" Secretary of State, being an officer of your own 

 appointment, and amenable to your direction and 

 orders, this committee have deemed it proper 

 voke your aid in this respect, so that I ho law relating 

 to this matter may be faithfully executed, i 

 views held by you resulting from the late opinion 

 of tlte Supreme Court ,ie)ivory of 



the returns cannot affect the status of vurselt' nml 



hen interest"!, while the withholding ,! 

 may tend to further complications, and iimy 

 'use upon the Stut. in pr, 

 them from other sources. In view of all the circum- 



