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JOHN HENNINGER REAGAN

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ear of Gractualte School.

JOHN HENNINGER REAGAN

>THIS IS AM ORIGTMAL MANUSCRIPT IT MAY NOT EE COPIED WITHOUT THE AUTHOR’S PERMISSION

T xia dIS

presented to the faculty of the Graduate School of The university of Texas in Partial Fulf ill- ment of the Requirements

For the Degree of

DOCTOR 01 PHILOSOPHY

By

Benjamin Harvey Good, 8.a., H.zi. (Union City, Texas June , 192 2

f 'W ° U i

ACKNOWLEDGEMENTS

I feel profoundly grateful to Jr. J. C. Barker for his scholarly direction and supervision of this study. His helpful suggestions are evident on almost every page of the work. I desire further to express my very great appreciation for the assistance given me in securing material b v kiss Harriet Umither, Archivist of the Texas Gt ate Library, and to Hrs. Lary Austin Hatcher, and kiss ..innie Allen, archivists of the University of Texas Library. YLso I wish to extend, my thanks to . .r. A. Dabney, archivist of the newspaper collection, and to kr. G. u. Beaver, of the General Land Office for shewing me some original contracts of the Peters’s Colonization Company. I am under great obligation to kiss kariam Dozier for reading a portion of the manuscript and to Hrs. Catherine Hancock for typing and for putting the finishing touches to the work. 3. H. Good Austin, Texas April 25, 192 2

PREFACE

This study of the life of John Henninger Reagan covers the period fror his birth, 1818 to his appointment by Governor James S. Hogg to the Chairmanship of the Texas Railroad Commission in 1891. *

Reagan ca e to Texas in Hay 1839, serving in the Cherokee War of that year. For two years, 1840-1842 he was surveyor of Nacogdoches County. He began the study of la-7 in 1844, and was admitted to the bar in 1846.

Reagan was member of the Second Legislature, 1847-1848. He continues the practice of law until his election as Judge of the Ninth Judicial District in 1852. He resigned the judgeship to enter Congress in 1857, serving until the outbreak of the War in 1861. He vas a member of the Secession Convention and was chosen a member of the Confederate Congress.

President Jefferson Davis appointed him Postmaster- General of the Confederacy which portfolio he held till the close of the War.

Pis political disabilities having been removed in 1874 he reentered Congress in that year serving until his election to the United States Senate in 1887.

At the request of Governor Hogg he accepted the chairmanship or tne Railroaa Commission which he held until his retire meat in 1903. He died at Palestine Texas, March 1905.

* Work on the period from 1891 until his death in 1905 is in progress.

CONTENTS

CHAPTER I

EARLY L T FE

1. Ancestry and Early Experiences.... ...I—B

2. The Cherokee War . . 8-17

3. On the Frontier. . .17-23

4. Military Service. ....23-35

CHAPTER II

LAW AND POLITICS

5 . Preparation 35-41

6. The Legislature of 1847- ’48......................41-50

7. Texas Democracy 50-59

8. The Peters’s Colony Controversy.... .....59-76

9 . Reagan and. his Assailants 76-91

10. The Know-Nothing Menace .91-102

CHAPTER 111

SECTIONALISM

11. The Campaign of 1857 ............................102-119

12. In the Thirty-fifth Congress... 119-139

13. The Reagan-Bryan Tilt . .139-155

CHAPTER IV

DISSENSION AMONG TEXAS DEMOCRACY

14. The Capaign of 1959 155-136

CHAPTER V

THE APPROACHING CONFLICT

15. Sectional Disputes.. 186-202

16. The Crisis... 202-222

CHAPTER VI

THE CONFEDERACY

17. The Post Office Department 222-244

18. The Cabinet and its Problems 244-262

19. The Grand Finals . 262-274

CHAPTER VII

RECONSTRUCTION A' r D RESTORATION

20. Plans for Readjustment .274-284

21. Reagan’s Views on Reconstruction ....284-300

22. Struggle with the Radicals. .300-320

23. Democratic Rule reestablished 320-324

CHAPTER VIII

POLITICS AND THE CONSTITUTIONAL CONVENTION

24. Politics. . . .324-340

25. The Constitutional Convention of 1875 ...340-356

26. Reagan’s Defense of Democracy. ...356-369

27. Politics and Prohibition . . 369-382

28. Reagan as Senator . 382-388

CHAPTER I EARLY LIFE

Ancestry and Early Experiences

John Henninger Heagan was born in Sevier county, East Tennessee, October 8 9 1918. He was the eldest in a family of six children, five sons and one daughter. His parents were poor, but well known for their sobriety, industry, and perseverance in attacking and overcoming the hardships of pioneer life. His folk were just average people. His mother was Elizabeth Lusk, of English middle class folk. The Lusk family through intermarriage was related to the Robertses and to the Schutzes, were respectively of elsh and of German ori-1 gin. His paternal great-grandfather, Timothy Beagan, for

whom his own father was named, was a soldier in the patriot army, serving under General Washington. He was severely wounded at the battle of Brandywine Creek, in 1777. At the close of the war he moved to Virginia, from his original home in Pennsylvania. Shortly afterwards, he removed to Sevier

county, Tennessee. He established himself near where Fort Lawson was afterwards built. He himself assisted in erecting this frontier stockade. In this neighborhood two generations of Reagans were born and reared Richard, his son, was the first white child born in Sevier county.

The Meagan stock was of Irish descent. In the old country the name was "O’Began”, but the name has undergone some orthographic changes and has come to be as it is now written. It is believed that the "Reagans” can trace their descent from one Sir Fichael O’Regan, a very blustery free lance of quite early times. The O’Regans were ardent lovers of freedom. They were, therefore, generally causing trouble to the English who claimed the overlordship of the Irish. Later on the O’Regans became involved in a rebellion against Oliver Cromwell. With the subsequent stamping out of the revolt, two of the o*Regans had to flee the country. They came to America, settling first in Pennsylvania. One of the brothers later moved to Virginia, and it is from him that John H. Reagan has 2 descended.

The father of John H. Reagan was a tanner by trade. This work was both onerous and distasteful to the son, if wmay believe what he said about it. At one time the family appeared to have been in rather easy circumstances. Financial misfortunes later settled down upon it, forcing the children to shift for themselves. Bach one’s livlihood and education was placed in his own hands. At the early age of sixteen years young John found himself face to face with the necessity of making a living for himself. ith persistence and determination he set about the task without a murmur.

The first employment of the youth was with a neighbor farmer, agreed to pay him nine dollars a month in corn at two shillings per bushel* This agreement was to last for a year* At the end of the year’s service he entered Boyd*a Academy, where he remained for two sessions. After a short

time in which he wag busy adding to his finances, he entered Maryville Seminary, now Maryville College, where he remained two sessions* He did not remain here long enough to graduate, however, which was his most ardent ambition* His attendance at Boyd’s Academy and Maryville was the limit of his scholastic training. Before a great while young John was to turn his direction to the western country, and to cast his fortunes among a strange people. With these people he was destined to work in building a great commonwealth and to assist in directing its affairs.

In the late summer of 18?? , Meagan was engaged by Major Walker, a neighbor and former employer, to tal& charge of a flat-boat of produce to Decatur, Alabama, the nearest market at that time. He directed the boat and cargo to its destination where he disposed of both at a good profit. During this trip he had an experience, which doubtless had a considerable influence in shaping his character, and in determining his future course in life. He was approached by a man named Bishop, with whom he had become acquainted in Decatur. Bishop proposed to Heagan that he -would furnish the house, fixtures, and the liquor, and that they should enter the retail liquor business. Beagan was to attend to the sales, and the profits were to be equally divided between them. But the young man demurred at this proposition, and stated as his reasons that he did not wish to engage in that sort of business, or to be brought into contact 4 with the kind of people who frequent such places. He refused to

have any further relations with Bishop.

From Decatur he went to Memphis, Tennessee, on a train, the first one, he said, he had ever ridden upon. From Memphis, he took passage on a steamboat to Hatches, Mississippi, where he arrived with fifty cents in his pocket late in the fall of 18? 3. He at once sought employment but was unable to find anything because of the lateness of the season. The cotton upon which this section depended for the major portion of its business had been marketed.

He was now among strange people and almost stranded. He aia not know what to do. Someone was kind enough to him, however, to direct him to a Hrs. Perkins, who was anxious to employ a tutor. She lived at some distance from the city. Without delay he set out to secure the position. Teaching not entirely in accord with his inclinations, but the wolf was howling at the door, and he must do something immediately. On his way to the home of Mrs. Perkins, he realized for the first time what it meant to be among strangers and in urgent need of assistance. Being overcome with a sense of loneliness, and crushed by a feeling of despair because of his desperate situation, he sat down by the side of the road, and took a hearty cry# This out-burst of his pent-up feelings did him much good.

Suffice it to say this teaching position did not materialize. The project which Hrs. Perkins had in mind did not turn out as she had. anticipated.

Shortly after the experience at Natchez, he was employed as an overseer on a plantation not far distant from the city. He remonstrated with the owner of the plantation for not feeding his slaves enough for their bodily needs. It is needless to say that he was discharged by the angry employer, for presuming to meddle with affairs with which he had no concern.

From Natchez he went by boat to Alexandria, Louisiana, with the intention of seeking employment in the sugar districts of that state. On the boat he made the acquaintance of Colonel Stroud, a merchant of Nacogdoches, Texas, Stroud offered him eight hundred dollars a year to work for him as a clerk* But upon investigation Beagan found that the loquacious colonel did not have a stock of merchandise to the value of the salary offered him* Even worse information was obtained,that he had no credit whatsoever. It appeared that ill fortune was dogging the young man’s steps. His last experience sent his hopes crashing to the ground. This was, however v the first actual experience in deception that he had received from anyone. It so overwhelmed him that he had about made up his mind to return to his home in Tennessee. H. Clay Davis, a travelling companion, with whom he had become acquainted, and to whom Heagan had made known his intentions, urged him to abandon such plans, and to go to Texas to ’’see the country”. This he decided to do. On May 29, 18?9, he crossed the Sabine River at Myreek's Ferry, into the Republic of Texas. He said that he had his clothing tied up in a handkerchief, and a tendollar bill on the Holly Springs bank, of Mississippi, which was worth about fifty cents. This was his entire earthly property.

Reagan now stood upon Texas soil. He possessed a frank- I ■ nees and openess of soul that attracted people to him who became his steadfast friends. One of his first Texas friends was Senator Isaac W. Burton, a member of the Congress of the Texas Republic. Burton was then residing at the home of his fatherin-law, Martin Lacey, in the western part of Nacogdoches county. He took a fancy to the beardless youth. He extended him an invitation to accompany him to Lacey’s, which Reagan eagerly accepted. On their way they had occasion to stop for the night at the house of a Hr. Nation, a short distance from San Augustine. During the conversation at the evening meal, their host casually mentioned that a man had been killed that day in town in a drunken brawl. This information aroused the serious interest of Reagan. The next morning, while stopping for a brief spell, at the home of Colonel Steele, on his way to town, Reagan learned that two additional men had been slain in the town the previous day. With an exclamation of horrified astonishment, he inquired of Colonel Steele if such killings

were of daily occurrence* Steele turning to Reagan asked: "Young man, where are you from"? He answered that he was from Tennessee. "Well," he said, "this may sound strange for one coming from that country; but, from the examples of murders in this country not much harm comes; in these cases one desperado just kills another.” Reagan naively comment-6 ed: "Such was my introduction to the Republic of Texas. !T

1 ~ ~ Jeagan, John H., Hemoirs, 2?, 7. F, FcCaleb (ed.), Sew York, 1908.

G. T. Began, Neoga, Illinois, September 17, 1889 to John H. Reagan.—Rea gun Paper s.

———- Beagan, Memoirs, 24.

4 Ibid., 24.

"ibid., 25.

6 Ibid., 28.

The Cherokee War

In the spring of 18F9, while Reagan was crossing into the Republic of Texas, the people of the eastern part of Texas were on the verge of a war with the Cherokee Indians. These Indians were in a sullen and resentful mood, due to a long train of circumstances, which dated back to days prior to the Revolution. Negotiations were resorteu to by the authorities to prevent trouble, but without success. Shortly after Reagan had arrived in the country, trouble broke out between the government and these Indians.

These Indians had migrated to Texas in 1819-1820, while the territory was a part of the Dominion of Spain. They came from Arkansas under the leadership of Richard Fields, a treacherous but able half-breed Cherokee. These Indians, through Fields, made various efforts to obtain titles to their lands

from the Mexican government, but failed to secure anything definite from the chaotic government. Thus the matter hung in the balance until after the Texas devolution.

In February, 1836, President Houston undertook to have a treaty, made with these Indians some time previously, ratified by the Senate. The Senate refused to accede to his re-7 commendation.

This action of the Senate made the Indians uneasy and angry. They believed that this movement indicated a breaking of faith by the government and repudiation of treaty obligations. Their land titles were still held in abeyance. Their increasing antipathy for the whites resulted in numerous raids upon the settlements. Yoakum stated that ’’ever; day or two during the year 1837, some murdered citizen, or 8 stolen stock attested their hostile attitude.” Since most

of these depredations were committed along the frontier of the Cherokee territory, these Indians v/ere credited with them, whether they were guilty of them or not.

The chief of the Cherokees at this time was one Bow-9

les, shrewd and sagacious for an Indian. Bowles desired to

maintain peaceful relations with the whites* But he soon fell into bad company* He began to hold clandestine "talks" with the Mexican emissaries, and to invite them to his lodge; and as the Mexicans were believed to be planning some treacherous designs against the Texans, Bowles was naturally suspected to be in league with them* General Thomas J. Husk and Colonel Bills P. Bean were directed by President Houston to urge Bowles to have nothing to do with the Mexicans, as they were the enemies of the Texans, and that a continuance would likely involve him in trouble* But the chief pursued the even tenor of his way. Houston closed his administration without any definite solution of the Indian problem*

Mirabeau B. Lamar succeeded Houston as President, and was inaugurated Deceiver 21, 18?8. His inaugural address

gave expression to sentiments that boded no good for the Indians. His suspicions of the complicity of Bowles with the Mexicans seemed to be confirmed by the finding of dispatches addressed to Bowles on the dead body of Manuel Flores. Flores was a Mexican emissary to the Indians. He was slain by General Burleson near Austin, in May, 185 9. These papers were forwarded to Austin where they were examined by the authorities. These papers sealed the fate of Bowles and that of his followers.

On May 26, 1859, President Lamar addressed a long communication to Bowles, in which he severely criticised him for his action in driving Major Matters from the Sabine territory, and for his collusion with the enemies of the Republic. He then told the chief plainly that the Indians would never be permitted to establish ”a permanent and an independent jurisdiction" within the limits of the Republic. In the same letter Lamar made it clear to Bowles that the government was planning the removal of his people from the state; and whether this plan was to be executed in a peaceful manner or by vio-10 lence and war remained with him.

This communication of the President was forwarded to the Indian agent, Lacy, with instructions to deliver the mes- A

sage to Bowles and to explain its contents to him. Lacey was accompanied on this mission by <7. G. J. Jowers, John H. Beagan, and an interpreter, who proceeded forthwith to Bowles’ lodge. When they arrived at the residence of the chief, they were invited to accompany him to a spring of water not a great distance from the lodge. Here the company held a private conference with Bowles. In a very lucid manner Beagan described the "talk" they had with him as follows.

" Bowles and the others seated themselves on a fallen tree. The President’s message was read and interpreted by one Cordray, a half-breed Mexican. In the conversation which followed, Bowles stated that he could not make a definite answer of abandoning the country until he could consult his chiefs and head men; so it was agreed that he might have time for such consultation. If I remember correctly about ten days was the limit set.”ll

At the expiration of the time agreed upon the company returned to receive Bowles* answer* The chief stated that he and Big iiish, and one of the other chiefs, were fbr peace, but that his young men were for war, for they believed that they could whip the whites; but he said that he knew that the whites would ultimately win* He added: "It will cost you a bloody frontier war for ten years." iith a touch of sadness Bowles admitted that if he fought the whites would kill him, and that if he refused,his own people would kill him; and that to him personally it mattered little as he was eighty-

seven years of age; by the laws of nature he could not live much longer. Reagan concluded his story of the mission with, "the council ended with the understanding that war was to follow.”

There was some hesitation on the part of the Texas authorities about expelling the Cherokees without consulting the federal authorities at Washington. Shortly before this they had disarmed and driven the Caddo Indians from the Republic, which procedure had brought a severe rebuke from Washington. Hence, the government concluded that this business, which they had decided upon, was one which must be handled with extreme caution. David G o Burnet, Acting Secretary of State, on May 29, 18F9, addressed a communication to Richard Dunlap, the Indian agent at Washington, stating the case of the Cherokees, and outlined for him the course of argument to use in case a complication should arise.

The authorities decided, that it would be proper and right to compensate the Indians for their improvements, and to remove them peaceably, if possible; but should they refuse the terms, they would resort to war in driving them out. accordingly, Burnet, Thomas J. Rusk, General Albert Sidney Johnston, Secretary of Aar, and Jame s S. Fayfield were sent on a mission to negotiate with the Indians for a peaceable removal. The mission, however, was a failure. Nothing remained now for the whites but to force them out.

The Republican armies began to assemble. Husk moved his forces within six miles of Bowles’ lodge. Reagan said that the leaders had agreed upon a neutral line which neither side was to cross without notifying the other party; nor was either side to make a hostile move without giving notice to the other.

The Texans were playing for time until General Edward Burleson could arrive with his regulars, and General Landrum with his volunteers. Bowles was also negotiating with the whites until he could assemble his warriors. When Burleson and Landrum had arrived the question arose as to who should command the army. The regulars wanted Burleson, the volunteers, Husk. As a compromise the chief command was given to General Kelsey H. Douglass.

About daybreak on the morning of July If 5 , John Bowles, the son of chief Bowles, came into camp under a flag of truce, and notified General Johnston that the Cherokees intended to break camp that day and move their forces west of the Neches Biver. Beagan said that General Johnston thanked Bowles, observing that his father had acted honorably in the matter, and asked him to inform hie father that the Texans would follow 12 them.

Scouts wore sent out to locate the Indians. Before a great while they came into contact with them posted in the bed of a dry creek, whose banks were overgrown with shrubbery and undergrowth, making it a rather difficult matter to get at them. When the firing of the scouts was heard, Burleson’s regiment executed a movement, crossing the stream just below the enemy; while Husk’s forces, to which Beagan belonged, advanced to the north and east of the Indians. This movement brought the regiment into the line of fire of the entire force of the enemy. Heagan remarked;

" As the Hon. David S. Kaufman and I, riding side by side, were making this turn, an Indian arose up probably eighty yards off, and fired. Kaufman and I wheeled to the left and chased him till he jumped off into ths creek. Instead of turning back we kept on..and ran the whole gauntlet of the Indian fire at short range..De camped on the battle-field, and the next day encountered the Indians in full force near the Keehes river."

Chief Bowles displayed a most conspicuous bravery on the battlefield. Encouraging his warriors to the last, he fought with the ferocity of an animal at bay. Heagan gave a most graphic description of the old warrior as follows:

:: Chief Bowles displayed great courage in these battles. In the second engagement he remained on the field on horseback, wearing a military hat, silk vest, and handsome sash and sword presented to him by President Houston. He was a magnificent picture of barbaric manhood, and was very conspicuous during the whole battle, being the last to leave the field when the Indians retreated. His horse, however, was now disabled, and he dismounted, after being shot through the thigh. As he walked away he was shot in the back and fell.

Then, as he sat up with his face toward us, I started toward him with a view of securing his surrender. At the same time my captain, Bob Smith, with a pistol in his hand, ran toward him from farther down the line. We reached him at the same instant, and realizing what was imminent, I called, ’Captain, don’t shoot him’. But he fired, striking Bowles in the head, killing him instantly.” IS

Beagan related an incident that occurred in connection with this campaign which illustrated the laxness of discipline in those days. It became necessary for the men to dismount. Every sixth man was counted out to hold the horses for the others. Beagan happened to be a sixth-man. He dismounted and tied his horse to a small bush, and told the others to do the same. This was insubordination in its most aggravating form. He was immediately reported to his superior for disobedience.

Captain Smith hurried up, interrogating him sharply, about his refused to obey orders. The following colloquy occurred:

” Young man, do you refuse to obey orders? ’I do. Captain,* I answered him. ’dir, I will have you courtmarshaled, ’ he said. ’Captain, that will be after the battle is over,' I re plied . ”

Beagan stated that he never heard anything more said 14 about the court marshal.

Beagan recorded that instead of being courtmarshaled as he deserved, he was summoned the morning after the second day of the battle to report at headquarters. Here he was received by General Albert Sidney Johnston, who informed him that he had been recommended by Acting President David G. Burnet for promotion as second nontenant in the regular army. Beagan declined. He took the advice of a friend, who informed him that the army consisted of a single regiment, and that unless there should be many casualties, he would likely reach middle age before attaining a captaincy. Besides the pay in the army was very poor. The soldiers were paid in the depreciated n red-baeks n . Both factors in the ease probably were incentives to a refusal.

7 Secret Journal of the Kirst Congress, 101. ri r rir.-i —— V" K n mu. i ■ i.| — *—'

Yoakum, Henderson, History of Texas, 11, 228.

9 Starr, Smmitt, History of ths Cherokee Ind ians, 472. Starr said that Bowles was a half-br e e37~h is atheF b e ing a Scotch trader, and his mother a full-blooded Cherokee woman. He was made chief in 179 E, which position he held until his death in 18? 8. Reagan, Memoirs, ??, Reagan described Bowles, as ’’somewhat tanned in color. He did not seem to be an Indian. He had neither the hair nor the eyes of an Indian. His eyes were grey, his hair of a dirty sandy color; and his was an English head; but he did not speak the English language. At the time of his death in spite of his great age he seemed to be strong and vigorous.’’

11 Lamar Pape rs, 11, 590-591.

11 Heagan, Memoirs, £Of f.

T 2 Ibid., ??.

55 ma., 24.

14 Ibid., $6.

On the Frontier

At the termination of the Cherokee campaign, ieagan was stricken with a protracted siege of chills and fever at the home of his friend ? lsaac Burton, which kept him abed for several months. Burton was a member of the Congress of the Hepublic, as has been alluded to above. He was absent from

home a great deal of the time on state business. He requested Reagan to remain with his family as a protection, and to regain his health.

Reagan had recovered his health sufficiently to be able to resume work by November, 1859. He was chosen deputy surveyor of that part of Nacogdoches county which constituted the counties of Henderson, Kaufman, Van Kandt .Rockwell, Rains, the west half of Upshur, the north half of Dallas, and 15 the southern part of Hunt.

He had worked but a short time before he had another attack of chills and fever. He described the great strain under which he worked:

" I was having a shaking ague every day. the chill came on, I would stop and lie on the ground until the fever arose, and then I would proceed with my work. In this condition I made surveys of a good many tracts of land.” 16

After completing this work of surveying, he was appointed to make surveys on the upper branches of the Sabine and Trinity rivers. In December, he set out with a force of

twenty-eight men on this expedition into a country abound-17 ing in hostile Indians.

Beagan wrote of this expedition and his encounters with the Indians as follows: ” In the northern part of what is now Smith county we found ourselves near a band of them. They moved off to the west and we followed that evening close after them* -Ve camped at night and took their trail the next day® about noon we came to a place where they had stopped to roast some meat and acorns, which were still hot when we arrived. The pursuit continued until we came to where they made a stand near the Grand Saline. A few shots were exchanged; one of my men was slightly wounded; one of the Indians was killed and two others wounded, but these made their escape in a canebrake during a heavy shower of rain. Some two or three hundred yards farther on we saw some horses with packs on them, and we supposed that the main stand of the Indians was to be made there; but on reaching the spot we found that they had disappeared in the cane, and we took possession of eight of their horses and packs. The rain continuing, we went into camp.” 18

This skirmish rith the Indians aUrroi his m;, and the r f s lieoonraged them, so that they were anxious to return to the settie onto. Reagan called for volunteers to re .ain ■ . He expressed his keen disappoii .at the taot that not yet arrive ir ‘‘eld o ” . ; ration, and that he diould feel a less at returning vithout as:x) r pushing anything. Four or five of " ; tie - + ' settlements carrying with them the cap-19 tvred property*

Ut’ this serail force he continue:! his expelltion along the upon? waters Cedar His provisions, ws.% began to run low and consequently he was forced to abandon bls - . - but, ■ and his v on ran Into a camping some hostile Indians* He said that they lay in the bed of a dry creel la the daytime and travel 10 at night,and they reached f - settlements they sore . : 30 ' ‘ ' .«

During the spring and summer of 1840 he continued hie survaying. In the latter part of tie summer he as stricken Mth

a malignant fever which kept hi® dopa for eight weeks* Fart of tl e time, according to his own account, he was hovering bet when life a.nd death* By October he had recovered sufficiently to res -Ms work* He left Saoogdoches about the middle of t 11 apt return to t v e settlements until the following Aprll.

■ & is winter his provisions ran low and the cloth- f his men gave out. . Under the circumstances it was agreed. f - z. \ to return to the settlements for these neces- । • ’ ad at King’s Fort near where the town of it - Reagan and Me men separated roar gbera now is* They set out for Fort Houston while he turned $ . a > $ his ray to King’s For* • they had agreed. I hi fy to the Fort, he lost his way, and thus came very near jing to death* Ha described hie experience:

« ’’a parted a little after the hour of noon, each to to hie way* It was the first rima I had ever had a full realisation of that solitude is* I cannot describe it I felt it. I had to go some distance in a prairie, t-r eight miles through some timber, and lastly through another prairie to the fort. I timber wMle it was still dark and to keep down the edge ■ in that way to escape the Indiana and to reach the fort by morning. It rained all the latter part of the after** noon, and in the timber during the night my horse boy- a great deal, I dismounted and led him. Il was very • dark, and groping around for some time I found myself where I had been at an earlier hour. There was no moon nor stare and nothing by >ich to keep ®y bourse, sc I ■ . My gun and one pistol re wet. I fired my try pistol icto the under aide of a • " cayed blackjack, which set it on fire* I tied my horse.

■y» 4, a blanket over the Hub o’ a tree for shelter, eada a fire, trapped the two blank eta -vet as they were, around , y * ■ pillow lav down in My wet slothes and went to sleep. When I awoke before day, one " f n ncrt nr« I evor felt tier 'km v ’ f ?o?y -ut r enough but my hands and feet were odd. I found - ■ - ■ myself whetl or I rood lie still and risk tie blankets freezing so as to -' ton oe 3 or to '■ ” ' out o f 1 ’' ' ' ydlf. I took fa latter chance. I looked for wood I t • re v the t . n।e t s or e x m e ?» - xc. tv- cl o r e uy Cz little flre I ha>, aklng mioh e”c?ti as I could to keep fa it had cleared off and the ground was covered with onewad j I ■ ■ . ■ ' to the westward. I came to the Kaufman prairie, at bat Was ' ’ ♦ ' TO s--.: King’s Fort ten or twelve miles away, to the south- I cc Id that I dismounted to walk for exercise. I soon found t• - feet to® being cut $y f' ' tn ■ • 1 ’ ■ moccasins and socks not prote ting them very well. I ’ . - ' 2 . 17 ■ ‘ ' ' to keep up circ lation to prevent freezing. I struck the - ‘i L ... :••■■. tl hri ?sek, about four ■il ./. By this time, however, I could no longer exercise or guije my horse* He took the trail ' i and corrie • to the fort, stopping fM gate. I coul net sroak or act, though still conscious. I kuo? dare I f as. r.John Ford, happening to come to the gate, y. ■■ me, took in the situation, oalled others - u I carried inside. The men started to carry me to a block- . ' \ .; 1 ■■ fat vould not do. So they took me to ■ j - ■ ■ m r ■ ' ■ some ma large cedar tub, vhioh they filled a” fr ■ t s 3prln * xi I it •-i in it, al?Vias und a “kilo I was thawed enougli to epoak, when they ’ .. 'f -a. If 1 ha. ? ’ ua I was, I certainly would have lost ’ .. Jo I ■ it le to be almost frbken to deuth-j X had e ti ■: before reaching the tort<*3l

After completing his work in the soring, Reagan returned to 'the settlements. The first house he reached on his return was that of Mason Avant. Here he was extended s rty wel* come. On approaching the house he said that he heard some chickens crowing. He remarked naively :«I thought it wonderfully atren ' .'. never appreciated the music in the ©row- ing of a chic ■ ifore."

Reagan observed that «lt- in a year he had paid all his debts, and had more for Ms services as surveyor than he could meet.

For yore than two Reagan had suffered the rigors of a pioneer life. Ha had learned at first hand the privations mtier. Throughout his life he was always faithful to these people, and was ever t • • to minister to their wants and necessities.

More than half a century later, A.X Terrell, his friend spoke the following in a memorial service in the legislature:

” In' 1840, John H.Reagan, then quite youny, assistant surveyor of the listriot of Nacogdoches. Like Washington and Patrick Henry, his first ha • ■ e following the omMSa* One of his chain carriers, -.'core, whom I I known as *Buckskin Beu^n w t for hie ooatwe mas made froe the tanned hide of the deer. The reoorde of the General Land Office that in one day he surveyed four lea* rues of land, marking the lines and establishing the cor* nets; this means that he made forty miles that day* K Onoe when he waa a young deputy surveyor, - id a wealthy man offered M* a lot of league oOrtifldatSe to survey. Bos lelleved that they were fraudulently Issued and dsolinod to receive them .

• : t 1 Hr, I sould be a party to n’.’r^nvin-' fraudulent oertifioates if you pay re all the jn ■ $ ' so i ■• ' 1 ■ , isoutitve b, and Thomas J. Rusk ware told of t e Incident and sent for to endorse his oor-iuot, 7 ■, -e Reasran once told me that thenoeforward these ; |s, ml t I ‘ '' nt aa-s the turn— In ? ooint in his iestiny. w 32

15 Ibid., Memoirs, 57.

16 Ibid.

17 Someone signing himself j. F. F. wrote probably of this expedition in the Dallas Herald, September 2, 1871: ’’This fall, 1878, went with twenty others northward to the Sabine, and westward to Jordan’s Saline; here found out there were 50 or 60 lodges of Indians ahead of us; had a skirmish with their rearguard; deemed it madness to proceed; the company returned from this point, among whom was John H. Beagan; sent back our horses and went on foot. Remained out a great part of the winter exploring the headquarters of the Sabine, leches, and the tributaries of the Trinity: winter wet with much snow, etc.”

18 Reag an, Memoirs, FB.

19

SU Ibid*,4o

01 ’ ; 1 i M

S 3 - 'i > Journal* 39 . s ■ , 1905 > 874'*875*

Military Service

- - ~ ■ • • g | - - ■ In ’• i tro bls* a r>- lie afterwar 11 ared ' '■• Indian ■ " / ‘ ; tilers* heona their .. known as Cro is T 1 b ‘’, ' ay ’ ' ” ■ predations against tha s, They were • - - ■ ! ■ ? ■■. . .-’ • s nse a oonoil* 4 " : • ' * ' - -• * ' ■ < ■ - ' • f ■ a tt 91aar that 1 f the Indians o- ■ ■ | Mac btl i " ■ • ' : ' ' ri M n, . f] sre is i ■ • ■ rmted ths by their ’■ ' ' " T> ' ■ ■ ■ ■ ■ ■ ? • gromd also for ampedting trot the Red River tradera the Indians against the fams settlers, ®ak . y u, tn almost an impogelbilityj shpul

treatv be made with these Indians the traders would lose the prof-23 itable trade coming to them.

Reagan finished his work as surveyor in April, 1841. He hat returned to the settlements and was living at Fort Houston. Sometime later an expedition .vas organized to go against the Indians who vare supposed to be hiding in the Cross Timbers. For soma reason he enlisted as a private in Colonel Smith* s regiment of Texas regulars. Perhaps, his knowledge of the region through .the punitive expedition was to pass, and his knowledge of the Indian nature and characteristics male him desired as a member. At any rate he accompanied the expedition. Ha made this observation of the campaign: "The Indians were on Village Creek about ten miles east of where Fort Worth now stands. This time, 24 however, there was no fighting.” Smith failed to find any

Indians as General Tarrant had proceeded him and had driven the enemy nort- to the Red River. He destroyed some villages and some crops of corn. He returned with the Nacogdoches troops "by the ■:p head Tatars of the Sabine, Angelina, and the Neches.”

The administration of Lamar came to a close amid the most embarrassing oonditons. The Indians and Mexicans were threatening ths country. The financial situation was distressing because of the extravagant expenditures of the public money, and the excessive issue of the "red-back" paper currency. Lubbock said of the pondi t ion a;

” The whole country vac on the verge of bankruptcy, with a public debt which was estimated at $7,704,32°, and a funded public debt at about 2,000,000, and the paper noncy had depreciated to about fifteen cents on the d011ar.”26

Reagan also made this observation of this gloomy period of the Republic:

« Frorc 1840 to the time annexation I think it safe to a?me that there *as less money in use in Texas than hag been known in any other civilised country in modern times. Poverty t hardliviny, ith shabby clothes and the constant worry of protecting the country against the Mexicans and Indians was our lot until delivered by annexation.” 37

Houston was elected to succeed Lamar In the summer of 1341, an 1 as inaugurated at Austin, December 13. The festivities which ushered in the new administration WXf wholly out of harmony with the dark and gloomy conditions that prevailed throughout the country. Shortly afterwards he sent his first message to Congress. In it the naw President discussed the situation before the country. He said:

» There is not a dollar in the Treasury; the nation is involved from twelve to fifteen million of dollars; are not only without money but without credit; and for rant of punctuality, without character.. Patriotism, industry, and enterprise are now our only resources♦ "

Of President Lamar’s patriotism and honesty there can be no question; but the ill-advised Santa Ke Expedition, and his frontier policy directed against the Indians had just about ruined the Republic.

Houston attacked the financial problem without hesitation. He instituted what is known as the "exchequer" system. The so,erne provided that the "red backs" wees to be inverted into interest-bearine bonds, and an additional issue of f 350,020 exchequer notes, "’ith this small issue of notes it ms hoped 28 that the paper courrency could be kept at par with coin.

In addition to this increase of the currency, bills were issued to the amount of #50,002 with a provision that more could be 29 issued if the needs of the government required it. The system

worked well from the start, and restored the value of the notes as well as the confidence of the people. Lubbock remarked that that the only bad feature of these notes was/they lacked some tangi- ble redemption fund.

The Mexican problem. was an ugly one which the naw administration inherited from the proceeding one. The Mexicans were doubtless greatly incensed at the Republic because of Lamar*s ill-fated Santa Re Expedition. They,therefore, decided to retaliate. Aa a matter of fact,the Mexican government had never become entirely reconciled to the loss of Texas, and still hoped to dn it back. In March, 1843, the Mexicans unuer Vasquez invade! Texas, and came as far as San Antonio. This activity threw the Texans into a state of alarm. General Edward Burleson ms dispatched at once to the scene. But before he arrived, the enemy had. retreated to safety, after having done plunder i n g.

Congress of the Republic was convened in special session 30 at Houston, during the suwer. This congress passed an act

which provided for an offensive and defensive var against the Mexicans. It wa in fact a grand flourish. At first it appeared that Houston would approve this act. But he suddenly changed his alii, and disapproved it. Reagan gave the following reason for Houston’s action:

" President Houston vetoed the bill providing for the invasion of Mexico, because of its impracticability® He told me that General Andrew Jackson wrote him a most gratifying letter on account of his veto message, emphasizing that part of it which he assigned as one of the reasons for the veto, the fact that the bill provided that the President should command the forces in person, which he declared in his message would be a bad precedent. ’ SI.

Congress adjourned without making any very great effort to put the state in a condition of defense. This apparent negligence most probably induced the Mexicans to formulate plans for disturbing the people again. Without the formal authorization of Congress, Ad jutant-Ge neral, Memucan Hunt, began to take adequate steps to put the Republic in a state of defense. In the summer of 1842, Hunt wrote to General William o. Butler, of Kentucky, to come to Texas to assist him in promoting an invasion of Mexico. Butler came. He and Hunt travelled over much o.f the country, making investigations to ascertain the sentiment of the people for such an enterprise. On the basis of his tour Hunt issued orders to the various military units to assemble and to engage in intensive military drill and training. The forces located at Hacogdochea, to which Reagan belonged, received their orders to report for drill July 2. Reagan said that there was no one in his entire organization who possessed sufficient knowledge of military tactics to put the men through the proper drill. He said that though he lacked the essential knowledge, he put them through the drills he had learned from "Scott’s Tactics." On this occasion he said that he was dressed "in a buckskin hunting shirt, foxed breeches, a dilapidated hat, and wore moccsins." Be remarked that the men eyed him with suspicion, as they supposed him t o be in disguise, and inquisitively inquired whether he had come to Texas to build churches. The drill continued for two days. A grand parade

a maneuver was to be held July 4. But because of a lack of a suitable uniform the young commander was assigned a rather inconspicuous place in the ranks as a private.

The country was again considerably alarmed, September 12, 1842, by the appearance of General Adrian . ; 01l with 1,200 exicans. The Mexicans took San Antonio completely by surprise, capturing the district court with its judge and court attaches. They committed some depredations about the city. They soon retreated towards the harder carrying with them fifty prisoners. The news of this invasion spread like wild-fire. President Houston issued a proclamation, September 18, calling for volunteers to undertake a punitive expedition against the Mexicans. General Somerville was placed in command. He made his way to the Bio Grande as a matter of demonstration, but accomplished noth- lag. Soma of his force refused to return. They crossed the river and advanced into Mexico. The result of this invasion gg was the unfortunate Mier exped it ion,wh ich is familiar to all.

The year 1842 was not barren of honors for young keagan. He modestly informs us that during the year he was made captain of the local militia, chosen justice of the peace dur-34 ing his absence, and was married to a widow, Mrs. Martha Music.

& R She lived but two years.

The year 184? was marked by a factional disturbance in Shelby county, which is known as the war between the Moderators and the Regulators. It was assuming the proportion of a small civil war, and was consequently disturbing the peace of the entire country. President Houston called out the militia to suppress the disorder. Reagan as captain of his company set out for the scene of the trouble. But on arriving he found that the president’s proclamation had effected a peaceful settlement. ?6 Reagan returned to Nacogdoches and -disbanded his company.

Houston’s Indian policy was the reverse of that of his predecessor. He tried to deal with the Indians in a conciliatory manner, for Reagan stated that Houston understood the Indian's character. In the spring of 184?, Houston arranged to meet the Indians in a parley at Grapevine Spring, about twentyfive or thirty miles northwest of Railas. Reagan was requested to accompany the President and his commissioners. Reagan’s knowledge of the country through which they were to pass secured his invitation. He went.

Houston’s appearance on this occasion impressed Reagan as much as it awed the Indians. And as a result of this associa tion, Reagan and Houston became lasting friends. Reagan described the President’s bearing as follows:

n General Houston wore a suit of purple velvet embossed with figures representing a fox’s head, and took along with him a big bowie-knife of great sise, which he proposed to wear when he met the Indians. In answer to my

inquiry as to the reason for the figured suit, he observed that it would awe tha Indians as a sort of mystery, and the knife would impress them with the idea that he was a great warrior.

General Houston was one of nature’s great men, great in intellect, great in action, and great in his wonderful experiences. A stranger would have taken him in any com* pany .for a ruler of men.” 37

Whether a treaty vas concluded between the whites and the Indians on t’ is occasion Reagan did not say. But the Telegraph, Qctober 25, 1843, reported a treaty made mi th the Indians on September 35. It said:

R The commissioners concluded a treaty with the Indians** eight tribes near Bird*s Fort on the 25 of September, 150 being present—Keachies, Inies, Caddoes, Anandarkies, Coshatteos, Waccoes, and Cherokees. A few chiefs of the Chickasa vs, Shamses, and Delawares did not sign the treaty. Bowleses daughter attended, 1 by 15 Cherokee warriors as the tribe is nearly extinct. Be vies’s wife is living on the Colorado."

This treaty provided for the establishment of a line of demarcation between the whites and the Indians, with trading 33 houses to ba built at specified Intervals. But this agreement

failed to secure protection to the frontier, and the settlers were harrassed by the Indians for a long time. Much of the

Republic’s revenue was expended in keeping an adequate force in the field operating against the Indians of the plains, particularly the Comanches and the Kioms.

Houston succeeded by Anson Jones, who was elected September 3, 1844* The latter was destined to serve as chief executive but for a brief period. The issue of annexation United States was an important one for the people of Texas. After considerable negotiations between the two governments the matter was finally settled by Texas formally entering the American Union. The people of Texas had overwhelmingly expressed themselves in favor of annexation. Jones surrendered the rains of government to J.Pinckney Henderson, who became the first governor of the state of Texas* Reagan was overjoyed that Texas had be — a part of the United States. He wrote of this inoiden t:

” Thera was but little opposition to this in the Republic. While living in what is now Kaufman county I received a note from the Hon. William B.Ochiltree informing me that we had become a part of the United States. This gave me a thrill of joy such as I have rarely experi enoed.«39

Reagan soon began to tiro of military life* He was unable to see prospect • otion so ha g&ve it up. In 1?14, he settle! near Fort Houston, where he engaged in farming* He

continued to farm until he began the practice of law.

It had been only five years since Reagan had crossed the Sabine into Texas. ' But this period yas crowded with varied experiences for the young man. He had fully identified himself with the fortunes of the ne ? state. Furthermore, he had acquire 1 a knowledge of frontier life, vhioh was to prove of value to Bi® in later life. This period, brief as it fas, was the f. - Ive one in hie life. He had learned industry, honesty, independence, and perseverance. These are the essentials of a and well-ordered character.

23 The Telegraph,(Houston), September 6, 1843.

24 Reagan,g emo ir b, 44

Red Lander (San Augustine), August 18, 1841.

36 Lubbock, Memoirs, 144, C.XRaines (ad.), Austin, 1300.

37 . . ?

28

29 Lubbock, Memoirs, 144.

30 ' Ibid., 148*

SI Reagan, remoirB, 4E.

32 Ibid., 46.

FF Bancroft, H. H. History of an s Mexico, 11, 3 58-3 59.

34 ~ “ —- Galveston News, October 12, 1874. In a speech at Alto October 5, while canvassing for Congress, he remarked: ’’that he was, without his knowledge, at the first election held there, chosen justice of the peace; and that he remembered deciding only two cases; that people in these days had but few disagreements to be settled by law. In fact, there was not a law book, or a copy of the statutes in the justice’s court in those days; common sense decided. His office was a log cabin, his seat a three-legged stool, his gown a buck skin hunting shirt, his feet encased in moccasins, and his head surrounded by a coonskin cap instead of a wig.

—— C- t/ Heagan, Memoirs, 44.

*6 Ibid., 44.

3? Ibid., 48-43.

38 Brown, John Henry, History of 11, 276.

dm Rea gaa,Memoirs, 50.

CHAPTER II Law and Politics

Preparation

In 1844, John H. m became a citizen of K county, where ho engaged in farming until 1851. In the same year he be- tie study of law, which he pursued with tie greatest dilimenoa and amid the yrtest difficulties. He said:

» I commenced t- e study of law in 1844 without the aid of preceptor, and some sixty miles from the nearest lawye 1 s office. I procured a number of elementary books on the different brunches of f e law, and began my reading with Blackstone’s Commentaries. I frequently came to ■ -ions the legal meaning of ’ I did not understand. In scab case I turned to Webster*a Unabridged otionary to ascertain the primary meanings of the fords o " the sentence. Having done this, I turned to Bouvier’s La 7 Dictionary to ascertain their legal meaning. I as me whether the reference was to oommc Law, to equity, or to primin * 1 ; ’ r- ence /as to a question of pleading , of evidence ,or of practice. I perhaps three times as long reading Blackstone as an ordinary student with a teacher at hand mould have, been; but when I finished I had also read, by reference, nearly all my elementary law books.« 1

After he had completed his self-prescribed course in law he applied for a temporary license to oractloe in the district 2 and inferior courts, which ;as granted to him in 1846. Shortly after wards he began the practice of his profession at Buffalo. During ths same year, Henderson having been organised as a county Reagan was chosen road overseer, deputy sheriff, 1 ieutenant-colonel 3 of tie milltia,and probata julwe of the county. He held his

first cession of court October 13, 1848,and continued in. office until ■ mccessor, S.G. Parsons t ?ao installed. in June,l-P.

In 1848 Reagan received his license to practice in all of 4 the courts of the state. Subsequently, in 1857, he received

his license to practice in the supreme court of the United States.

His practice appears to have been uniformly successful fro -- the beginning. Reagan sail that his first criminal case in khich he vas employed as leading counsel, vas in the trial of John Jennings for the killing of dajor James Shannon, in Grayson county. He ?as the attorney for the defense. The case aarsM some little interest, because of the prominence of the Shannon family. Jeff Shannon, on? of the family, was then a deagan member of We State legislature. A , secured the acquittal of Jennings* Another case of unusual interest wai that of Day, a wealthy citizen of Henderson county. Day committed the first murder in that county. He was accused of murdering his and because of the very high feeling against him, the case »as transferred to Kaufman county for trial. Reagan said th-. < he refused a fee -of $2,500 to defend Day, but on the other hand he volunteered his services to the prosecution, and succeeded 5 in convicting him of the crime.

The last case of any prominence in which Reagan was connect as a land case In Ellis county. The fee charged fas- a very good one of which he shared with his law partner, hat W /arford. From the cases mentioned it will be seen that his practice was of no small importance.

Rsa-an became interested in the establishment and the pro- motion of Buffalo. The town was laid out on a tract owned by Henry Jeffreys, in March,lß47. Reagan assisted Jeffreys in securing a title to the land,and made the survey and plot of the town site. For his services Jeffreys deeded a tract of land of 1,750 acres near the tom to Reagan and one hundred and fourteen lots in the town.

The place ras ideally situated for a good town. It was built on the bluffs, overlooking the Trinity River, and was surrounded on three sides with agricultural land of surprising fertility. Faulk said in his history:

I never knew the parties personally, who lived at Buffalo, except Judge Reagan, who owned considerable land at and near there. He said that the men who lived there and built up the town had great hopes at one time that it would be a large city..; that they entertained great hopes that the Trinity river could be made navigable and the question ms seriously discussed by the leading men who lived there. n 6

The city of Buffalo failed to measure up to the expectations that were entertained by the promoters. Its brief life lasted only four years. And like the ancient city of Rome it likewise hau its decline and fall. Reagan to have had great expectations for the future of the town. He secured the passage by the second legislature, of which he ras a member, of <an act authorizing ” John H.Reagan and his associates, to open and construct a turnpike road from the town of Buffalo, on the Trinity Biver across the bottom to the highland, on the west side in the direction of the town of Corsicana." The act was 7 passed Parch 14, 1848. Whether Beagan or his partners in this

undertaking ever carried this act into execution is unknown. Beagan moved to Palestine in 1861, from which point Buffalo re- ceived its mail. He resided here officially until he died in 8 1905.

Beagan and twenty-one others organised, January 28, 1347, at’Buffalo what 'was known as the "Buffalo Lyceum”. This was a debating society for the purpose of training its members in public speaking, and in discussing questions of popular interest. The dud had its meetings at the home of Mr. Perkins, and as the record stated it Let at "early candle light’’. The secretary of the society records that John H. Heagan was on the program at its first meeting and "made a good speech”. The clud held irregular

9 sheetings until Uove&ber, 1847, when it was disbanded. It was

in this club that Reagan developed his style of speaking. He combined earnestness and sincerity with a forceful and logical argument, which later developed into his ’’sledge-hammer” style of speaking. He never strove to be oratorical but he always endeavored to be interesting and entertaining.

He had become a successful attorney, with a fairly large practice. He soon began to consider entering the interesting game of politics. In the summer of 1847 he announced himself as a candidate for the lower house of the state legislature, he was successful, being chosen, with B. Lott and Adolphus Sterne, re prese ntative from Nacogdoches county.

1 Reagan, Memoiro, 51

■ ' i -yoira, 53. Faulk, J, J. , History of • pr son

bounty. Faulk said:® Hon. John H.Reagan was the first lawyer to -et a license and practice law in Henderson county. He procured Me licence at Buffalo, in 1843, maintaining eTfleea there till he moved to Palestine, Texas, in 1351.”

3 Reagan, Memoirs, 53. Faulk, History ef Hmderson County, 33, Ie naid:” The first ease was the estate of David Carlisle, deceased, James laudain an /id were appointed administrators, they refused to accept, and the court appointed the sheriff to take charge of the property of the said eotatc.”

4 , : -, '7. Palestine Daily Herald, October 14, 1931* It said: n Jir. M.Moore, Anderson county district clerk, found the following record:* John H.Reagan filed a petition to practice law in Anderson county on Thursday, November 9, 1348. Thomas J.Jennings, Reuben A*Reeves,and A.J.Fowler were appointed a committee to examine him. On Friday, December 5, 1813, they reported favorable, and he was granted a license to practice law. B.H. Martin,Distriot Judr e. * ”

5 Reagan, Memoirs, 59. Faulk, 14.

6 Faulk, 11.

7 .. _ House Hournal of 2nd Legislature, Farch 14, 1848,p.1401

Beagan Hemo Ira. 60. Regarding his removal to Palestine Beagan said; "The town of Palestine was then the largest in our judicial district, and had the ablest lawyers. Prien ds advised me that I could not expect to succeed in competition with so strong a bar. My answer was that if I could not, then I ought not to continue in the profession of law.”

Paulk, 21-29, Hanning, W. T., History of Van Zandt County,9s-96. Some of the questions that were debased by Ihe club were: ’’Whether it is a better policy to clean out the Trinity River now, or to wait till we raise a surplus quantity of produce to ship off.” ’’Was it a better policy of the United States to invade Hexieo than to have compromised?” These subjects indicated a practical turn of mind.

The Legislature of 1847-’48

The legislature assembled December 13, 1847. It organised by electing J.Henderson speaker. He appointed Reagan to the following committees: public lands, enrolled bills, county boundarias, judici&ry( December 16), and the special committee on 10 Federal Relations.

In his message to the legislature December 15, Governor Henderson took occasion to denounce the anti-Southern agitation that was being carried on in the North* This sectional commotion in the North, he said,was directed against the administration of Polk, which vas in favor of acquisition of territory as a result of the war with Mexico. Acting in response to the Governor’s suggestion, this committee drafted resolutions which 11 expressed the sentiments not only of Texas but also of the South.

At the suggestion of the Chairman of this committee, Reagan trots the resolutions, and presented them to the House on the following day. But at the request of B.H.Epperson, a young member and a Whig, consideration of the resolutions was deferred until the members might have time to examine them more closely. December 29, the resolutions were called up for consideration. Epperson presented a substitute, which in the main embodied the views of Henry Clay. Epperson being a staunch made a brilliant speech in defense of his substitute. Reagan said that he expected some older member to make a reply to Epperson,

M but as no one vas disposed to do so, I saw all eyes directed toward me. It then flashed on me that having reported the resolutions I was expected to defend them. I was a young and a new member, but I ma 1® the best argument I could; and when I sat down, y.B.Lamar, ex-President of the Republic..arose and said that he had examined the resolutions with care, and that they stated the views of ti e people of Texas and of the South very clearly and correctly, and that he hoped that they would be passed by House unanimously without the crossing of a ”t n or the dotting of an n i w . There were but three votes for the substitute.” 12

In his message the governor stated that he had exercised a doubtful prerogative in appointing a Commissioner of the General Land Office to fill a vacancy. He said that the First Legislature had provided for the election of this official by that joint ballot of the two houses. But in view of the fact the d A vacancy had been occasioned by the death of the commissioner ba had appointed Th. 'illiam a 3 commissioner until the legislature could take action. He requested the legislature to confirm his appointment of Wrd and to confirm the commissioner’s acts.

The committee on tbs Genaral Land Office took the matter of the selection of the commissioner under consideration. A measure proposing the election of this official by popular vote tas introduced and referred to the committee. They discussed the proposal for several days. McNeill, Chairman of the Committee, reported December 30, that the committee could not agree. But he stated that a majority of-the committee were of the opinion that the existing method of election was the best that could be ievised; and since the interests of the country, the committee thought, would not be benefitted by changing the system, a majority of the committee recommended that action on the matter be indefinitely postponed. This report yas tabled by a vote of

13 thirty-eight to sixteen.

Reagan and Richard W. Goode, members of the Committee on the General Land Office filed a minority report, January 3, 1848. The report said:

« We believe that a majority of the electors of our respective districts desire the election of the Commissioner of the General Land Office to be brought directly before the people. We believe that public policy sanctions the propriety of holding all public officers responsible

directly to the people, and not dependent for their promotion to, or continuance on, the till of a single individual or a small number of persons. The principles of our government require that the election, of as few officers should be taken from the people as possible.. It is the frequency of elections before the people that purifies the political atmosphere. It brings about discussions upon questions of vital interest..the spirit is progressive to make every office elective by the people. The undersigned are far from believing that evils would result from such a policy, believing that the people are as capable of electing these officers, as they are of electing those who elect them; frequent elections before the people tend much to cleanse the wheels of govern sent. H l3

.The minority report with its recommendation for' the popular election of the Commissioner precipitated a lively debate which as prolonged'for several days. Some argued that the change f as both unnecessary and inexpedient; others, that, such a change in the system would be unconstitutional.

Reagan participated actively in the debate. He tried to impress the House with the importance of his contention that the commissioner of the General Land Office should be popularly elected. He discussed the const! tu tionality of the proposal":

” The constitution explicitly states that officers are to be elected by the legislature on joint ballots It is a fair construction of that instrument, that where it is silent on the election of an officer of so much importance as the Commissioner of the General Land Office, that it never was contemplated by its framers that he should be elected otherwise than by the people directly.” 14

This subject remained unsettled.- It was dropped for the consideration of more important legislation. The commissioner of the General Land Office, however, was made elective by a constitutional amendment. The amendment was approved January 16, 15 1850.

During this legislature the subject of apportionment of representatives became one of considerable concern. Representation in the legislature was very inequitable and manifestly unjust. Recording to Reagan’s statement, two-thirds of the white population lived east of Trinity River, while about two-thirds of the senators and representatives came from the districts west

16 of that river.

The committee on apportionnant drafted a bill which was presented to the House. But before the House could taka action upon it, it stolen, Reagan, Borland, and Jame . * le were authorized by the committee to draft a new bill. Theft work was entirely satis factory to the committee. The bill passed the House, ana also the Senate with some immaterial amendments. It ' ■ passed by a ?row vote of twenty*four to twenty*two. It happened to be the Jaat day of the session,and its opponents attempted to defeat it r ■ ne of a filibuster. Washington county, moved to reconsider the question as he opposed the Senate amendments. His motion was tabled by a vote of twenty*five to nineteen. Reagan said

that Villie next planned to speak on the question until the tiwe for edjeurmeut, and in this manner kill the bill- The Houee also refused refused to reconsider the snaagura &nd A to listen to Willie* It adjourn3d sine die as the sohaiule

The bill survived despite the attempts of its opponents to destroy it at the lust moment o" th 3 session. The next matter was to insure-its enrollment. Since its registration bad an interesting hi story in political maneuvering the story is worth relating. Reagan said that the bill had not been enrolls l when the 1 been put out at the oupitol. Fearing for the safety of the bill even now, he and Epperson sought out the enrolling clerl, Kimbrell, to bring him to the capitol to enroll the bill. said further:

' r the c.oitol, Hill expressed doubts as to authority to give us the bill and the amendments, as the ise had adjourned* and he declined to give ug the bill, Te went into tie committee room adjoining the House of Represent tives, and forced the door of ths hall ooen and took’ the bill and amendments from the desk of the clerk(Hill) and put limbrell to enrolling it. Epperson* Mosely, and I happened. to be members of the enrolling oommitta#* W< went to the room of Lieutenant-Governor Greer, who as the President of the Senate, and to the roo-' of Speaks let them know that the bill would be brought toy their signatures as soon as it ecmld rolled, supposing that it could be deme before daylight* But’ it was seven or eight o’clock when the enrollment was We thereupon took the bill to them and they both signed it; and, delivering it to Governor Wood at his office he directed the Secretary of the State to file it with the enrolled bills.«l7

Governor Wood sent a special meseawe to the le-iclature December 29, in which he l ■ " delation for the prevention of the Issuance of fraudulent iana certificates. He a- sd as his reason that the vested rights of the oldest and bast citizens were being disturbed by such practices. The legislature Immediately took action upon the subject.

Reagan introduced a bill in the House January 31, 1848, yhioh sas entitled n An act for the benefit of the occupant 18 settlers in Mercer’s and Peters* colonies*’ 1 • a refer

red to the committee on Public Lands.

A bill entitled an a Aot for the benefit of persons sho settled in the colony of Peters and his associates” ras reported March 16 to the House from the Senate* This bill was acted upon the following day. Potter made a motion to it to the ccmmiWse on Public Lanas, and requested th 3 -Remittee to report on it that eve.dug. • The committee now had before it two bills dealing ;vith similar situations. Reagan’ a bill proposed, relief for the colonists in both Mercer’s and Peters’scolonies, while the donate bill afforded relief only to ths settlers of Peters’s colony.

Reagan was chairman of the committee on Public Lands, which had the measures under consideration. He, therefore, made the report for the committee-. He said, in making rd rt, that similar conditions existed in both of the colonies; that the contracts of bob .lea with the mm ent stood on pre- cisely the same footing regarding legislation# In Ml report h a sa 1 d furt h e r:

« Your committee, therefore, conceive that there is no rood reason why the provision of the proposed law should not extend as well to Mercer*s as to the Peters* contract, as no real difference exists as to the present condition of the two grants, or the suffering settlers within them. The proposed la *, as proposed to be amended by your com* ittea, cannot in the judgment of the committee, be construed as a relief from conditions or an extension of privileges to either of the said companies; but only the carrying out In good faith the obligation of the government, arising out of the different laws under which said contracts were made, and the Ordinance of the Contention; after the colonists have ione That the laws and Ordinance above referred to required them to do, before they could obtain these titles,etc.”l9

Reagan 1 # bill passed the House. It applied to both oolonitlon co v-nies alii '• fW act provided that the government • of its contracts wltl anljes, and •• tlat t e lists must act in g the co panias in order to cat titles to their lands*

Thia act desirmed to placate the settlers in securing titles to their lands after they had co plied with the conditions required of them by the companies. It failed to please either the settlers or the companies.

As a member of the legislature Reagan had displayed good judgment, moderate couservatlsm,and staunch patriotism. Young and inexpori triced though ho was, he in the enactment of some good and wholesome legislation.

10 The Federal Relations Committee was composed of Reagan, Bogart, Tebb, Ren fro, and Anderson. The purpose of this committee was to draft suitable resolutions in answer to those of Rhode Island and Vermont. The legislatures of these states ’Cd resolutions criticising the President because of the Mexican war. The resolutions attacked slavery,and opposed any acquisition of territory as a result of the war, for fear that it might open a new field for the extension of slavery.

11 Hou36 Journal, 2nd Legislature, December 24, 1847, pp. lIS-117. The resolutions were: n ße it resolved, That we the right of Congress of the United States to pass any law prohibiting States that fflav hereafter be admitted into the Union

fro>r coming into the same with or without slavery, as the popular will of that State may determine, and that we will maintain this principle at .every hazard. '’That or Senators and Representatives in Congress be requested to use all just and constitutional means to avert the evil of abolition fanaticism, and to resist every encroachment upon the rights and interests of the slave-holding states ” It was further requested that the Governor should forward a copy of the resolutions to the representatives of Texas in Congress, and to the governors of all the states, stamped with the seal of Texas.**

12 **~**~~* RMgaa, Memoir a. 53. Reagan said that because of this

episode he and Epperson became close friends, which friendship lasted until the latter died a few years later.

13 House Journal.lss.

1 •' j? e xa s Ibid., 189-190. Telegraph and Register, January 7, 1848. ‘

14 Ibid., January 28, 1848,

15 Gansel, IE P. N., Laws of Texas, 111, 474,

13 Reagan, Memoirs, 54ff. Reagan trots an open letter to the Rusk Pioneer, May 3, 1849, in which he gave sore of the uTties that existed. Be sal - I the Maaogdo choc district, excepting portions of Dallas, Upshur,and Hunt counties, had a white population of 12,503, in seven counties; that Fan-in dis* trict ha. a whits population of 3,561 in five counties. A total white population of 19,081, in twelve counties, were allowed five representatives. On the other hand, he said t u at the oountioi of Austin, Brazos, Goliad, and Refugio, had a white population of 2,253, and had five representatives. Further he said that San Augustine, Shelby,and Sabine counties had a white pop* illation of 6,082, and six r Bntatives, He then concluded that San Augu etine, Sabine, and Shelbyy with had six representatives, while Nacogdoches and Fannin together with 19, 054, had only ffi ntatives. Be said that the senatorial •/as as equally unfair.

17 Raa^an,,Memoirs, 55*56*

18 ( • Jourh&l* .In d 336

r may * 1095-10- .

Texas Democracy

There were no political parties as they are now organized in Texas prior to its annexation to the Union. The state was young and growing, and there had net arisen any necessity for any special political program. The country was sparsely populated, Indians were plentiful,and communication was difficult. For these reasons political and social gatherings were rather infrequent. Candidates usually made their campaigns independently. Their chances for success depended entirely upon their popularity, and their peculiar fitness for the positions for which they aspired.

Soon after annexation came the war with Mexico. As a matter of fact the annexation of Texas was the Indirect cause of the trouble between the two countries. This war provoked a clamor in ths North. The abolitionists appeared to see in the war one of aggression, with a desire on the part of the President to annex more territory which would likely be opened up to slavery. They soon began to fulminate against Texas because they thought she would profit more by he annexation of territory as an indemnity for the war than any other state. The Texas people felt these criticisms very keenly. And they were not slow about showing their resentment. As a matter of fact Texas had been a republic before annexation, and she had entered the Union voluntarily. Her previous political entity, she thought, should entitle her to a little priority over the other states. At any rate the resolutions adopted by the Second Legislature served notice to the other states that she resented their interference with her affairs.

Aside from the questions of war and slavery the Santa Fe controversy with the Federal Government served to crystallize public opinion in Texas. It gave the m a state self-consciousness. The - Santa Fe territory lay to the east of the Bio Grande River. Both governments claimed the territory. And before it was amicably settled almost crossed swords over it.

The criticisms of the war and slavery, the wrangling over the tariff of 1842, the Santa Fe trouble, all served to create a desire of the Democrats of Texas to organize to assist in carrying out the program of the National Democratic party* From this urge to cooperate with the national Democracy came the Democratic party of Texas.

A number of the members of the legislature issued a call January 10, 1848,f0r a Democratic convention to assemble in the on House of Representatives /vFebruary 21. The convention met pursuant to call. Gpvernor George T. ras chosen president, upon taking the chair made a short address inviting all members of the "faith” to come in and to part ideate as representatives of their respective counties. Reagan, Sterna, and Lott v/ere present representing Nacogdoches county. Five members from ego of the tro congressional districts were appointed to draft resolutions "expressive of the sense and feeling cf this convention.” T. J. Jennings secured unanimous consent to a resolution to appoint one delegate from each county to constitute a committee to nominate careens to represent the Texas Democracy in the coming National Democratic convention, and four others a? presidential ' 20 electors.

The platform adopted by the convention contained the usual De ocratio principles of a declaration of State Sovereignty, demand for a low tariff, economy in admin!stration,etc. It declared its support of tie President in the Mexican trouble.

An effort mas made by this convention to organize the party on a permanent basis. of Guadalupe county proposed that a committee of fourteen ere bo . - to .take care of the party’s interests and to effect seme definite organization.

It 13 not known whether this committee was appointed.

The part that Pgayan olayeo in this convention -n? rather S but itg Platform of principles expressed his political vis vs. Hl3 attendance at this, the first state Demddratio oonmition, became a source of immense satisfaction to him ha became old. He always referred to the convention as the one ti.at et fl the year Casa He boasted also that he had never deviated from the Democratic principles expressed in it? platform.

During the early part of the year David 3.Kaufman, the Con free the eastern distriot in A call 1-3 i nwed for a congressional convention to nominate hie SI 3i)cc33jor. There /ac good ground for apprehension a v "Ong Demo-

crats ' success at the polls. There were several •Democratic candidates in the field. Besides the Whigs in the state had become rather menacing. The party had elected Zachary Taylor President of the Unite h ites. This success caused them to j very active in both state and national politics.

The convention met -goon after the call vas issued. As a result ? only eighteen counties sent delegates. The convention met at Henderson June 9, 1351. John J.Burton was oboean chairman. The chairman appointed M.D.Kotor, John H.Reagan, and h.J.Hall members of a committee to draft a series of resolutions. This oo" vas divided in opinion and consequently two reports ?®re rubyitted to the convention. ’Che majority report ! as rejested by the convention. The minority report signed by the al: \d fin, Burton, and Reagan wow accepted. This report Simply incarooruted the platform of the National Democratic convention of JJ J : , with some articles dealing with purely local matters. Two imendsmts were proposed by j n, riich : by tho convention as follows:

n Resolved. That the abolition of slavery in the District u Columbia, the repeal of the Fugitive Slave la r , or any flagrant departure from the principle of npn-in tersermoe by the Federal Grovemment would be such an encroachment upon the Southern States as should be firmly opposed by constitutional means in our power. f f I .' ve are in favor of s rigid ahi iron co to U a late adjustment measures ac passed by oongres ? J

Alt?nugh there several names for the nomination before t-be 3c : yentlan, Richardson Scurry. o.b.Roberts, who had resigned lis wr-judge of the Fifth Jtsdieial Dtatristi an l D. b rare the only onesto receive serious ©oneideration.

The convention adopted the t«O*thii<e rule, and it M not until the sixth ballot that anyone of the cunHh < - was dole ■■■ • On this ballot Scurry received twenty—four ' mix, and Mosely, six# Roberts sMe Md bben with* it before the ballot was talon. Scurry . 33 » was declared the nominee,

There was considerable opposition to the action of this convention due to the fact that some of the counties did not have time to elect delegates after the call had been made for the convention. The Red Land Herald voiced this opposition in these wo r ds:

« Ho far as we can learn, we have never heard a single voter, in the Democratic ranks, acknowledge an acquiescence in the nomination of Judge Scurry, and we feel sure that the Democrats throughout the district will not suffer the party to be led and influenced by a clique from any quarter. ‘'Colonel Rush Wallace and General Darnell do not recognize the action of the convention and will not decline." 23

Because of the opposition in some quarters to the action of the convention, Reagan was chosen to prepare an address to the voters of the district. In this address he urged all loval Democrats to support the nominee because of the danger of the Whigs. He admitted that the convention had found itself in a rather delicate position because so nany of the counties had no delegates in attendance. He added, however, by way of excuse ’’that our assemblage here was caused by the belief of its necessity”, and further on he said:

tt There were several Democrats In the field and but one Whig, and in the ordinary course of things in a district in which our strength is a part of our political adversar 1 s, we must have had a Whig elected, to Congress. The only means of averting such a result, as we believed, was to be found in a convention of delegates who should concentrate upon one man to be the standard bearer.” 23

Scurry received an overwhelming vote of the Democrats and was elected. The independent candidates for Congress, Wallace and Darnell, made such a poor showing that they hardly realized that they had been in the canvass.

The Whigs became extremely active and aggressive in 1851, as indicated by Reagan’s circular. They wanted to capture as many of the state offices as possible. They placed B,H.Epperson, one of their strongest advocates in the field for governor. Epperson was a brilliant lawyer, and an aggressive and forceful speaker. Because of a very pleasing personality and charming manner he was immensely popular with all classes, irrespective of party affiliations. He was late in getting into the canvass. But he received a large vote at the election, so much so that the Democrats were greatly alarmed at the growth of the party. The danger was imminent, as the Texas State Gazette pointed out:

” The recent election for governor shows that the Whig party of Texas is anything but contemptible in numbers, and that their real strength was not more than half developed, for Mr.Epperson, their candidate came out at the eleventh hour, and had not time to canvass half the state, and yet see what a vote he has received. n 24

The bogy of "Whiggism" continued to frighten the Democrats. The leaders of the party in the state made another attempt to rouse the members from their lethargy. January 8,1352, the members of the state legislature assembled in the House of Representatives to do homage to the memory of "Old Hickory". Before quitting the meeting they chose the Secretary of State, T.D. Miller, chairman of the State Democratic Executive Committee, authorizing him to prepare some plan for an effective organization of the party. Miller sent out circulars September 4, 1853 ? to all the prominent Democrats of the state. The circular was a call to arms, and said:

« The party opposed to us is ever wakeful, and wherever a remnant of the Whig party is found, there will be found organization..To preserve our superiority we must organize. The people, the Democratic voters of Texas must shake off their slumber of carelessness, lest while the strong man sleeps a weaker one come and bind him. H

In addition he wrote many letters to the prominent leaders. He wrote to Reagan inquiring of him the proper time and place 25 for holding another Democratic convention.

Following the advice of Miller, some of the Democratic leaders attempted to assemble the Democrats at Austin in February, 1853, but the movement proved a fiasco. The Texas State Gazette, deplored the failure of the Democrats to work together in har* mony, and said:

« Newspapers ana politicians professing to belong to the te -no rat io party, professing an extraordinary purity and an unusual degree o’ patriotism and free’nr fro® olfl eh motives, have been exerting all their powers of argwwmt, innuendoes, and ridicule for months past to defa-t t ie organisation of the party. .Before it known that the legislature would adjourn as soon as it did, the word ?as given out that there would be no convention, that the relegates would not attend in sufficient numbers to justify action, and if it did assemble, the convention would be regarded as a packed caucus, the nominations of which would not be entitled to the support of the party,eta.“26

Another attempt was maae kewewss- in Junu to boll a convention, but the movement as an abortive one. In 1853, the Whigs put into the field for governor one of its strongest men and'cost campaigners, William 3.Ochiltree. On the other -and, the Democrats were represented by r.H.Pease, J.^.Danay, George T. Johnson, and T. J. Chaß&tO. r s rboak b»1 Vit looked squally for the Democrats, but at the crucial moment 27 Johnson withdrew. 0 His support went to ,who was elected.

Ochiltree received more than nine t vote®, Hille Pearts got more than thirteen thousand. This gave the Democrats the victory by the ’’skin of their teeth”. They had no occasion to be excessively jubilant over the result.

The leaders of the Democracy, of whom Reagan was one, permitted political affairs to take whatsoever course they would. A fortuitous circumstance, however, prevented the Democrats in all probability from being defeated at the next election. The Kansas-Nebraska issue had been thrust into national politics by Stephen A. Douglas in 1854. The Whig party attempted to straddle the issue and became completely demoralized. But out of the ruins of this party there wag to arise, ?hoenix-like , a party which was to menace the fortunes of the Democratic party in 1855. This Jas the American party, better known by the name of the Know-Nothing party.

20 and Register, March 9, 1848.

<5 «*• of II ? 31. Both Lubbock and Wooten stated that his vas the '"irst nominating convention ever held in. the state.

( “ -r-w- of the Union > June 14, 1851, Northern Standard. ■ July 8, 1851 ——.—- , j

33 Red Land Herald, June 21, 1851.

23 Northern Stanaard, July 5, 1851.

24 Texas State Gazette, August 23, 1851. Epperson received about 3,000 votes.

25 W.D.Miller to John H. Reagan, November Reagan Papers.

26 Texas State Gazetud, ...re'. 2-., 1'”- .

<7 L u be ak, 3 -oin t 1u 5.

The Peters’s Colony Controversy

The most troublesome question, perhaps, th t arose in Texas shortly after her attaining statehood, was the one sealing with the adjustments of claims growing out of contracts which the government had made with certain colonization companies during the period of the Republic. There were several of these companies. The best known was the ’’Texas Land and Emigration Company”, but better known as the Peters’s Colonization

Company.. This company occasioned more legislative enactments and more litigation, and more general disturbance and dissatisfaction among the colonists, than all of the others combined.

By an act of Congress of the Republic, January 4, 1841, the President was authorized to enter into contracts with ”hS. Peters and other for the purpose of colonizing the unappropriated 38 lands of the Republic. Acting in accordance with this authori-

zation President Lamar made a contract with the Peters Company, 29 which had the following stipulations: That the company should

introduce-and settle SOO families within three years, each head of a family <zas to receive 640 acres, and each single man above seventeen years of age, 320 acres; it further provided that each colonist must clear and put into cultivation fifteen acres of land before he could secure a patent to bis allotment of land. The contract then specified the boundaries of the territory upon which the company could locate its colonists: commencing on the east bank of Big Mineral Creek at a point where that creek enters the Red River, due south to the southern boundary of Fannin county, west along said boundary twenty-two miles, thence north to Red River, and down the south side of that river to the starting point. The company was to get ten sections of land for every hundred families it introduced, and five sections for every hun-30 dred single men, so introduced.

From the terms of the contract it .us to the interest of the company to secure as many colonists as possible. Their aments used every means to promote colonisation. They advertised extensively throughout the North, and even dispatched solicitors to England. Some of the methods used were rather questionable. At any rate the colonists came before the company were ready for who them. intimately acquainted with the si tuation,dis”ibed the confusion that prevailed. He said that when the colonists settled,frequently they found their lands in another section of the territory, and oftimes they were in different 31 surveys.

The arrival of the colonists before the company had made the necessary provisions for their reception caused indescribable confusion to the agents of the company, and no little annovance to themselves. The r orst feature of the situation vas that the colonists were unable to secure titles to their lands. Aside from this .they were irritated because the company had made a rush to secure the choicest lands for themselves. Such conditions necessarily produced a great deal of friction between the colonists and the agents of the company. The result was that the colonists petitioned the legislature in 1847 for relief. The committee on Public Lands took the matter under consideration. Reagan, being chairman of the committee, made a report to the House March 17, 1848, rith a bill, which- t 1 e. committee thought would remedy the situation.

The report stated that the colonists of both the Mercer the and A Paters companies * were in the same condition with reference to their titles. The contract with the Peters company would expire July 1,- 1848, and that with Mercer, January 29, 1849. the And for the reason conditions existed in both there was no good cause for relieving the settlers, in Peters’s company ana not those in Mercer’s. The bill was pended in the House until it became objectionable. It was finally defeated by a 32 vote of eighteen to twenty-four.

The failure of this relief measure in the legislature was the cause of much violent criticism of some of the members by the colonists, Ifaoh of this ill-feeling was directed at Reagan whom they believed to be largely responsible for the failure of the bill to pass. He was the chairman of the committee that made the report and proposed the relief measure. He insisted, however, in legislating for the colonists in both companies, and thereby raised opposition to it, which resulted in its defeat. Bogart, who had been a member of the House and was rather loquacious, and somewhat unscrupulous, made capital of this ill-feeling against Reagan, and did what he could to fan the embers into a blase. Reagan heard of Bogart’s activities against him. He forthwith took him to task in a long letter. He wrote in part:

"...and as I feel a proud consciousness of having done everything that the faithful industry and limited ability I possessed enabled me to do for the interests of both Peters’s and farcer’s colonists, 1 think I may safely appeal to you and to every other member of the legislature as witnesses that I bestowed upon this subject more than ordinary labor and investigation, and that I was always present upon every occasion and prompt in the discharge of my duty, never evading any question, but bold upon every occasion to announce the condition, the necessities, and the interests of the settlers in both colonies.. name will perhaps never again be before the public for public office and consequently ambitious me j need not look upon me in the spirit of envy and rivalry, but I deem it due both to ayself and those whom I represent to have my course understood by them, and I am 1 determined not to rest under the pernicious influence of false and malicious represe stations from any quarter, without availing myself of the privilege of defending my course before those to whom lam responsible. If I have done wrong, I shelter myself under no excuse, either of want of experience, of mistaken notions, or of a sound heart and a weak head; if I have done wrong, I am willing to let it stand as an intended wrong. There is no issue touching my whole course but what I as prepared to

The dissatisfaction among the settlers regarding the failure of the recent legislation still prevailed. Political aspirants made use of this ill-feeling for their own advantage by continually fanning the discontent. The colonists, ho .ever, were determined to secure some relief, if possible, for their grievances. They began to hold public meetings, in which they aired their troubles, and took particular care to see that their candidates to the legislature should be in sympathy with them.

One of these meetings was held at Pleasant Grove, Henderson county, Karch £l, 1849. It was composed of citizens of Henderson and Kaufman counties. In the call that was issued it was stated that the meeting was for the purpose of consultation upon matters pertaining to the public good, and

" to agree upon the manner in which the interests of the colonists in Peters’s and Mercer’s colonies shall be presented to the legislature of this state at its next session, and to unite upon some suitable candidates for Senator and Representative to be run at the coming August election.” ??

The convention chose Robert Gray chairman® A committee of thirty members was appointed with Reagan as chairman to draft resolutions should clarify the situation with respect to titles to the colonists' lands® The committee deliberated for son® time and reported. The resolutions took up the legal phase of the question. They stated that there was some doubt as to the constitutionality of the contracts made with the companies prior to August 27, 1845, because of the Ordinance which was adopted on this date. But should the contracts be void the colonists were still entitled to their allotments of land. Since the companies contracts had expired by limitation some legislation was necessary to validate the colonists 1 titles. The convention resolved to memorialize the legislature in behalf of the settlers*s interests.

This meeting recommended the candidacy of Reagan for state Senator , and S.O.Gibbs, for Representative in the next legislature. Before adjournment it decided upon calling a general convention of all the counties in the district to meet at Dallas May 21, 1849. The purpose of this general convention was to secure more unified action of all the people concerned. Reagan and others were chosen as delegates to this convention.

Reagan made the canvasa for senator, but was defeated. He could not stem the tide of opposition that the politicians had raised against him. His plain words aid not suit the people, them He told that the question at issue was a legal one and it would have to be settled in the courts. While he thought that the Ordinance adopted in 1845 had abrogated all contracts made with colonization companies prior to its adoption by the people at the same time as the present constitution. Yet the invalidation of contracts by mere dictum has always been a Mooted question, anJ has generally been a matter for adjudication oy the courts.

Reagan gave reasons for his iefeat as follows:

n The Attorney-General of the Republic, Ebenezer Allen, had given and published an opinion sustaining the position of Hadgecoxe, the agent of the company. I toll the settlers that it would be possible to yet such a law through the xegialature, but if it w*re passed the company would enjoin the issuance of patents to them in the Federal Court at Galveston*, uni that the expense of litigation at that distance from their homes would he more than the land worth; and that I would not prowlss to do them wrong, even at their own request. Another candidate made them that promise and was elected by a snail • „ ioritv.”34

In an open letter to the South western American, February 18, 1853, he again referred to his defeat. He said:

” I became a candidate without asking Bogart’s permission, and thereby probably preventing him from becoming a candidate. In the canvass I was beaten by the Hon.A.G.talker, Senator Bogart contributing all he could to produce that result, by canvassing four counties of the district against me, he at that time being a candidate for representative in those counties.” 35

It will be remembered that the last contract that the government hud made with Peters’s Colonization company was due to expire by limitation July 1, 1348. But even after that date the agents of the company continued to transact business as usual. The trustees of the company petitioned the legislature in 1349 for additional grants of land, and requested it to ratify the company*s The Texas State Gazette, of December 32, 1849 at raised a great outcry audacity. It called it a piece of ”unpar.~lele impertinence”. It declared that it -as very unreason able to for throe times as much land as the colonists got and ten percent more. It went on to say that "it looks as if they would cheat us in a bargain and then insult our intelligence by demanding a gratuity for their adroitness.”

Governor P.H.nell in his message to the legislature November 13, 1851 calle.i the attention of the legislature to the condition existing in Petars*s colony rewarding the titles of the settlers to their lands. Ha urged that a law be passed that would secure a complete validation of the colonists* claims. He said further:

” I am informed that the in its practical operation, 3 been_&und defective, and has failed in some curtic- ll ie objects for ■ thich 11 3 intended. Shortly after it fas passed, an injunction was granted by one of the judges, at the instance of one of the contractors, irhich has greatly restricted its operation, and that suit, I am advised is still pending, and may not be brought to a final ieoision for years...” 36

There vaa nothing more detrimental, he pointed out to the legislature, to the permanent improvement of a country than the unoertaintv of tenure of its lands.

The legislature at once began to consider this phase of the Governor’s message. It appointed a joint committee, with A. P. Crump* chairasan of the House committee, and G. /. Hill, chairman of the Senate committee. This joint committee set to work to make an investigation. But the only evidence that it used was the various reports which the contractors had submitted to it. After some time the committee reported the result of its investigation. Ite report was the most complete farce that was ever presented to a legislative body. It gave the company a clean slate. It stated that the contractors had complied with all the requirements and stipulations of their contracts. Am with a solemnity characteristic of a judicial decision it declared, '* just ice requires a performance of the obligation imposed upon the state.” % And to odke the report still more ridiculous, the committee record odea that the state donate to the company 2,G00 sections of land as a bonus for its compliance with the terms of its contract.

The committee drafted a bill on the result of its in- vestigation*, the legislature passed it*, and the Governor ap-44 proved it, February 10, 186 S, The bill was a long one and

wa3 very inclusive. It stated among other things: that the peters company should relinquish its rights in said colony. withdraw its suits in equity against the colonists, and instead receive sections of land elsewhere; that each colonist should have his land surveyed before July 4, 18?£, that he should file his certificate with the agent of the company on or before August 4, 18F2; and, that all who had located upon any of the lands should not be placed in a better or a worse position than at present, “anything in this act to the contrary notwithstanding, etc." The act further provided that the company*s agent might employ deputy surveyors to act for the regular surveyor; that the office of the company should be located as conveniently as possible for the colonists to facilitate their filing of certificates.

hlle the act was pending, ■?. Jowers, of Ander- son county, sent a copy of the report of the oomittee, and the bill to Heagan* He requested him to write him his opinion upon the proposed legislation, Heagan replied in a long letter, part of which said:

? *I regard the deport and the Bill as radically and extremely wrong and unjust both to the State and to the settlers, and as being an injurious agreement for the prosecution of the company’s claims, though it may not have been so designed by the committee, and I say this with all respect for the members of the Committee, who have no doubt been in their investigation uodei" the necessity of action without other lights than that furnished by the company*.... * f l regard the third section of the bill unconstitutional; as by the laws and contracts the lands of the colony not appropriated by July 1, 1848, reverted to and became a part of the public domain, and became like all other lands to be located and surveyed by

the holders of head right certificates, This section could not divest then, of their rights but could am would involve them in litigation by ordering the colonists to settle on such surveys, thereby inflicting injury both on the owners of such surveys and on those who might by the action of the legislature be deceived into the belief that these surveys would not hold good.*’ 45

The agent for the peters company was one Henry 0. Hedgeeoxe, an arrogant and impertinent man , with a staggering manner that aroused antipathy on first acquaintance. On May 4, 1852, Hedgecoxe issued a circular in which he attempted to interpret and explain to the colonists the recent enactment relative to the colony land. It was an impertinent and insolent document, written in the most dictatorial and haughty language. In explaining the various provisions of the act, he stated that he possessed the means of detecting every certificate fraudulently obtained from the Commissioner of the General Land office, Thoms William ard. such persons holding certificates of that kind not to present them, for it would be a waste of time for the agent and also for the holder. He proceeded to nominate the classes of colonists who were entitled to file claims to land, according to his interpretation of the law. In this, he proscribed four classes of colonists, even though the law took no

notice of any differences whatsoever, but specifically declared that there was nothing that would be prejudicial to the interests of the colonists in this act. By this circular, us with a wave of his hand, he proscribed about four hundred colonists. These settlers, industrious and persevering, were to be deprived, without a chance, of their lands, which they had cultivated and improved, and on which they had built comfortable homes. Indeed, some of these people had lived on their lands for a number of years.

At the time this circular was issued, Meagan was at Ballas attending court. A communication was forwarded to him post haste, requesting him to address the citizens at his convenience, on matters pertaining to the colony, and to advise the® what course to pursue. He came and addressed them on May 1?. He said in part:

* In eon elusion, I would say it is quite apparent that much excitement prevails among you on account of the singular construct ion given by hr. Hedgeooxe, 01 the provisions of the act of the 10th of February last; on account of the bold and unauthorised assumptions of power which he announces the right in himself to exercise, and on account of his apparent determination to proscribe whole classes of colonists* But let me advise you to abstain from all violence toward him. It is not impossible that the very object of this circular of his is to induce you to nob and drive him out of the colony, until the 4th dhy of august next shall have passed; as after that time ths company shall have the preference over all the lands in the colony, not then appropriated by you, for the next two years.

If you orive him Out of the colony, it will be your fault, and not his, if you do not get your lands* If you permit him to remain, and he refuses to do his duty, it will be his fault, and your rights will not be prejudiced by it* So your duty and he cannot affect your rights* This mat be done by reason, and not by passion." 46.

Kot long after delivering this address,he returned to his home, at Palestine. Nat M. Burford, his law partner, wrote him on June Ist, at the earnest solicitation of some of the colonists, to come at once to "see them fair play in their land matters." He id further:

Harwood promises us a fee of 1,000..♦* * the truth is, they have more confidence your judgment than that of all the lawyers in the district* John dobinson says that he wants you to do the law log and he will do the fighting. The whole country is in a perfect fever of excitement and all eyes are turned toward you for redress/ 47

-hen this communication was written, Heagan was absent 48 from hoae, in Navarro county on business. Consequently

several days elapsed before the letter was delivered# In the meantime the attorney-General of the State , Gbeneser June 3, issued and published his opinion and interpretation of the law of .February 10, 1852# In the main his opinion sustained the contentions of Hedgecoxe’s circular. The result of alien’s letter was that it threw the entire colony into a panic# Anyone familiar with the situation could have prophesied this: if the colonists were indignant with Hedgeeoxe and the company, they were now wild with frenzy. For they seemed to see in the latest development of things a collusion between the state and the company, prejudicial to their best interests# The people about Dallas had become riotous# Things began to look Equally for Hedgeuoxe# Without awaiting a reply from Heagan, the more conservative colonists sent Alexander Harwood post haste to Palestine to urge Heagan’s presence at Dallas immediately# Meagan name# He addressed the colonists on July 9 and 10, urging them to remain Quiet and to permit their ease, if necessary, to be adjudicated in the courts# As in his previous address, on May 15, he advised the colonists against doing any violence to the company’s agent, Hedgecoxe#

It was a most difficult matter for them to restrain themselves when it appeared as if their entire possessions were about to be wrenched from them without even the semblance of redress in the courts# • Gradually informtion leaked out that

Eedgecoxe was making preparations to abandon the country. The people resolved that if he should leave, it would be without taking the records.

They acteu with dispatch and determination. During the night of July 16, 1852, Captain John J* Good led a force of about one hundred men to Stewardsville, the headquarters of the company. It was a short distance from Dallas. Good entered the office, seised what records he could find, and accelerated the departure of Hedgeoo.ee and his clerks. Most of the records were taken, but it was learned later, however, that Heagecoxe and his daughter had escaped with some of the "books," 49 concealed in their baggage. The next day Good wrote Meagan

of this most dramatis, and in a measure unfortunate, incident. Captain Good said:

"...in the whole country colonists or net colonists the people are unanimous as they stand up shoulder to shoulder aMa their difficulties and look for the best while they are prepared for the very worst. You may be assured that they will be humbugged no longer... Major Bogart has not yet resigned and I believe will not. Me is still floundering on in Collin, grumbling at every person and jealous of every step unless consulted and thrown in the lead. tf P. S. Let us know if you find ny friend Lord Hedgecoxe, Duke, Gram Mogul, etc., of the Three Dorks of the Trinity at Lust in* We have heard nothing of his whereabouts since his evacuation of We colony.’* 5j

Those had participated in the above riot found themselves in a wet embarrassing situation. They had seised some valuable papers, and had destroyed some property. Extrication from this predicament was a matter of considerable importance to them. They concluded to send delegates to a convention, / which was called to meet at McKinney, July 29, to decide the best course to pursue. Seven counties sent representatives to the convention. A committee, appointed for the purpose, drew up resolutions. Intended to justify the action of the people in the recent trouble. In part, the resolutions said:

5? That the outrages and insults inflicted upon the rights and the feelings of the people of the Peters* colony, by 11, Q. Hed geoowe, the Agent of the Company, and the precancertea schemes of villainy and fraud which he ms daily carrying out, and by which he was greatly endangering the colonists in the secure enjoyment of their lands in the Colony, made it necessary for the people of the Colony, for the security of those rights, to take the books, maps, aad papers, of the Colony, “Basolved, That a committee be appointed consisting of one delegate from each counsel to defend and represent the colonists in the courts of the country, at axstin, and elsewhere; and We delegates of this convention stand pledged for the payment of Weir proportionate part of the fees and expenses of all such suits as may follow,” 51

The convention appointed the coiasittee suggested by the resolutions. Sam Bogart 9 the one who had worked so successfully to cause the defeat of Beagan in 1849, was made chairman. This committee deliberated for awhile. It decided by a unanimous vote to select heagan as the proper one to represent them, and, if possible, to extricate them from any legal dilemmas into which the late riot at Dallas might lead them. The committee agreed to pay Keegan a fee of Clo,ooo.

38 Texas State Gazette, September 29, 1841.

39 John H.Reagan to W.G.W.Jowers, January 26, 1352. Reagan Papers. Reagan in this letter gave the contracts. The first and main contract was dated August 30, 1841, provided that the company should introduce 600 families within three years. The second, dated November 9, 1841, provided that 300 additional families might be introduced and settled, but one-third ofthem must be introduced before March 1, 1843. The third Contract, dated January 20, 1843, provided for an extension to the company o six months, on the second contract. The fourth and last contract, extended the time of the third contract for five years, expiring July 1, 1848.

Reagan said that the last three contracts were supplementary, y and were made to prevent the forfeiture of the first contract by the company.

30 Texas State Gazette, September 29, 1849

31 Rearan, Memoirs, 58

32 Hauoe Journal, 2nd Legislature, 1104.

John H. Reagan to Sais Bogart, July 1£ , 1849, —Reagan papers a

Husk Pioneer, May 17, 1849, Copy among the Reagan papers.

34 Rea rran, emoi rs, 59.

35 Southwestern American, (Austin) , March. 9, 1853.

36 Texas State Gazette, November 15, 1851.

Gamel, Laws of Te&ae, 111,

- — - J. G. W. Jowers to John H. Reagan, January 26, 1852, Reagan Pape rs.

Texas State Gaaette, September 7 9 18 s£.

47 hat M, Burford to John d. deag&n, June 1, 1858. xUagan gapers.

—. ~- - — Beagan’s sister had Fiarried a man frofa Navarro county* Heagan was away at this time with the bridal party*

49 ~ ' Jacks on , George, Sixty Years in Texas, 155.

John J, Good to John H, Beugan, august 17, 1852, Heagan Papers,

"51 Sooth we 3 tern Acer loan, J?arch 9, 18FP.

— heagan, Memoirs, 60.

Reagan and his Assailants

The disturbance at Dallas in which the papers of the Peters company were takenand its agent, Hedgecoxe, expelled from the country, was an unfortunate affair. A great many of the people throughout the country, however, believed this matter an attempt of the angry colonists to secure Just, rights to. their lands. But such hasty and precipitate action certainly did expose them to ill-timed critic isms. One paper in the state was extremely bitter in its denunciations of this action of the settlers. In its editorials it sought every opportunity to vilify the colonists, and, on the other hand, to justify the claims of the peters Company. This paper was the Bout hwe stern Amer loan, a weekly Journal, owned and published at Austin by DeCordova.

From the nature of its editorials many began to suspect the support of this periodical bought by the peters Company. The paper had a large circulation. DeCordcva was, moreover, no mean journalist. And these facte made the paper a considerable factor in moulding public opinion of the state. Just as soon as the news of the Dallas riots reached Austin, J this editor seized upon the subject to villify the colonists, and denounce the leaders and everybody else connected with the mtter. The tenor of its criticisms was to denounce these people as outlaws. The object of its most vituperous attacks was He was the attorney for the colonists, and generally regarded as their leader in this controversy. lie was a good target for the paper’s venomous shafts.

The doughty editor found his match. Before the termination of the controversy, he aloe found entirely discomfited. Beagan never gave up one inch of ground to his antagonist. He continued the contest with a furious and savage determination.

The first of the editorials appeared in the issue of August 11, 1852, and said in part:

" It 13 the universal opinion, moreover, that if the law of 1852 gave superior advantages to the Company the course of the colonists in defeating the returns of the

agent, will greatly delay, if not forfeit their rights. They are the real enemies to the colonists who have led them into a course which involves them in future expense, and subjects them to be speculated upon by some such speculators as we notice were engaged in such meetings."

In its issue of August 18, the paper denounced more specif!- eally the action of the colonists. It incidentally referred to Meagan without calling his name. The writer said:

M • ..that preachers and good men my engage in those things is the old argument of the 'dan Hill Lynchers? The more intelligent the men the greater is the crime, dll such proceedings are a libel on our institutions. As one se can never sanction mobs in any shape/

perhaps had written a reply to the above article, judging from the nature of the following editorial. This one appeared in its issue of August 25, one week later:

" c ..une of the agitators who has been retained by some of the agitators in that colony, who, as counsel, has written much and said much on the subject, which, if it be true, is not very creditable to this particular guardian of that section of the country* * .but he mat allow us to say that he, perhaps, underrates the effect of the excitement which he and others have caused among these who could have been in no danger frc?s complying with the laws intended for their relief." 55

This last article was the one that aroused Meagan’s wrath* lie judged it to be a direct attack upon him, and to be a reflection upon his character. He replied to DeCordova in an open letter on Jepteaber 7, 1852;

” I have been held up as a lawless agitator, the counsel for agitators, and as asserting that *one hundred ar mid men taking away thousands of dollars worth of property were neither guilty of a riot, a mob, or an unlawful assembly,’ 54, and that too.

amongst a people with whom I have been constantly associated for thirteen or fourteen years, trying, as I humbly thought, to discharge faithfully all the duties of a good citizen all the time. If these charges of Hr. P. DeCordova are true, then surely I have forfeited .he character of a good citizen, and with it should forfeit the respect of my countrymen. If they are untrue, then he has forfeited his character for veracity, and has shown a reckless disregard of We effects of his falsehoods and slanders upon others. Let us see.’ f 55

Meagan then proceeded to hie defence* He said that It was true that he was the counsel for the colonists; ao& that he had been employed unanimously by the rcfinney convention, and even without his solicitation* He said that at the time of the appearance of Hedgecoxe’s circular, he was in Dallas attending court, and was invited by a committee of the most prominent citizens to address them on the subject of colony affairs. He complied with their request, he said, st that time, and had since addressed the people upon the same subject. In all his addresses, he declared, that he had advised the people to exercise judgment and patience, and to permit an adjudication of their troubles in the courts. But, moreover, he said that he had never counselled violence at any time, nor had he made the assertion which the suitor of the Southwestern American attributed to him in trying to justify the Dallas riot. He closed his article with a very pointed paragraph. He said:

” Having now answered your falsehoods and slanders against me, I mat decline the discussion of any question with any wan who knows neither the beauties of truth nor the value of character. In this, I no doubt, you, and those whose cat’s-paw X believe you to be, will exult in the belief that you have gained a point, in driving me fro© a discussion of the late difficulties in peters* Colony, through your paper* You have been engaged, as I believe, and as many others believe, in manufacturing public opinion, and in doing the dirty work for the Peters’ Company, such as si an* dering and traducing all those who seek to expose the conduct of the company’s agent, for some time past*... I deprecate mobs, but I think there is a difference between a lawless mob, and the united resistance, by an injured, wronged, and insulted people, of the lawless conduct of the petty tyrant of foreign nabobs, who happened by accident or Ignorance, to be clothed with a little brief authority* I have said this much that you may not think me entirely bl inued by the thin veil that hangs over your sophistry* n

DeCordova assayed to take another shot at Beaman in September. deagan replied to it on September 18. He said in this reply that when a mn is observed to champion any cause, it is usually because he Ms some inducement to do so. If the cause is just and patriotic, it is to be aseiuaed that he is moved by a desire to promote the public welfare. But if, on the other hand, a man is seen to devote his energies to the promotion of a cause, which, if it succeed, would violate private rights and outrage public justice, it Mint be assumed that either his judgement is at fault, or his motives wrong* He then said that upon this hypothesis he proposed the to examine the conduct oXa Petars Company, its agent, and the 56 claims of the colonists*

In this brief, Beagan first argued the equity of the company's claims. He showed that the company had not complied with their contracts with the state in any form; and that the state had ma.de the contracts of 1842 and 184? in order to save it from forfeiture of its contract of 1841. furthermore, he declared that the company had practiced a monstrous fraud upon the government; that it had returned names of persons as colonists, who had never been even within its territory, meh less lived there; and that the company had never introduced or settled a single colonist, but that each settler who had come, came at his own expense.

He then discussed the legal phase of the question regarding the company’s rights. He challenged the right of the legislature to enact the law of February 10, 1852, granting the company 1,700 sections of land, as being in violation of the Ordinance of 1345. He then gave the Ordinance to sustain his contention. The second section of this Ordinance said:

” Be it further ordained, that the legislature is hereby restrained from extending any contract for the settling of any colony, and from relieving any contractor from the failure of the conditions, or the forfeiture, accruing from non-compliance with the contract. w

Vith this as a basis, Keagan proceeded to argue the constitutionality of the laws upon which the company based its rights. Ke said that this Ordinance had been overwhelmingly adopted by the people ana thus became a part of the organic law of the state. He declared that the Ordinance could not be invalidated except by the people acting in a similar capacity. Further, he said that it was beyond the power of any legislature, because of this law, to enact any legislation, which would or could be enforceable in the courts, contravening its provisions. In other words, he argued that the legislature being a product of the organic law, was powerless to nullify the very thing that created it. On this premise he argued;

” If this be true, the act of February 10, ’relating to the lands in Peters’ Colony,’ if it be a ’relief of the contractors from the failure of this condition, or the forfeiture accruing from a non-compliance with the contract* is a nullity, and confers no right on the Company. 'hat was the meaning of the convention when

they declared that no relief should be extended to colony contractors? Obviously this: That they would not violate the obligations of a contract by refusing to the contractors to go on to the fulfillment of their contracts; but that the legislature should not relieve them from a non-compliance with the existing conditions of their contracts; and if they failed to comply with these conditions, and, thereby, failed to get titles to the land they claimed under them, it should not be in the power of the legislature to pass a law by which they should get titles... I hold that if the Company do not get their titles under the contract, they cannot get them in any other way, and that, therefore, so much of the law as aims to confer titles on them is a nullity; and that under the same ordinance, if the Company has failed to obtain titled, by a failure to comply with the contract, that it was the duty of the legislature to secure to the colonists the lands to which they were entitled by virtue of the law of 1841, the Joint Resolution of 1845, the contracts, and the Ordinance of the convention. If the Company has complied with the contract, why the necessity of future legislation? n 57

Meagan next took up Hedgecoxe, and exposed the agent’s conduct. He showed how he had acted toward the settlers. Granting that the law of February 10, 18T2,was constitutional, he showed how the agent had exceeded his prerogatives in being arbitrary and dictatorial. He mentioned the Hedgecoxe ’’opinion book’ which was kept for personal use. In this book the agent would keep a record of the personal characteristics of the colonists. He would record raany as "being of immoral character." Meagan said of him:

n He even went so low as to object to such returns that no scrawl had been affixed as a seal, as if a scrawl were necessary to the validity of such returns. These latter objections can only excite the pitiable contempt of disinterested persons but they were excessively annoying to the colonists, as they were arrogant and impertinent in the agent. uuuition to all tnese things, when the colonists would expostulate with the agent on account of his course and insist on making their files for the land they claimed, he -would generally grant them the generous privilege, and at the same time threaten them with

a suit by the company for their lame in the federal courts, in which, he said they could stand no chance, as the company had millions, and they were not able to fee lawyers and pay witnesses, to defend suits in these courts. With all these opinions, facts, and threats before them, the colonists were driven by the agent to the belief that their lands and their homes were to be hung up in tine Federal Courts for years to c ome in litigation, which, in each case, would cost them, if they should be successful, as

as meh us the land whs worth, whlvh they claiihed. They felt their inability to contend with this company. •. in the courtB. And seeing that the agent ms carefully preserving and recording every conceivable objection to their claims, they had thought no doubt that this information was gotten under the advice of the Company's counsel, to be used against them in these courts; and they took this as conclusive evidence that the company intended to carry out this agent’s threat on the subject. Mow, let It be remembered, that these colonists are generally men of moderate means, many of them poor; that they had emigrated to that colony to get homes for their families; that they had suffered all the privations of a frontier life to get these that these homes, in a majority of cases, constituted their all. Then consider yourselves placed in their situation, with all the facts before you, which I have heretofore presented. »hat would you do? hould you lie supinely down and say it will go all right anyhow? Hot if you love justice and hate wrong and oppression; not if you have self-respect and the manly independence of an American freeman, will you look complacently on the wholesale attempt of a mammoth company to rob two thousand freemen of their homes. .hat, then, would you do? order tG^finish^the^*picture of depravity, which I regret the necessity of having to present to the country, it is but right that I should refer to the vain boasting of some of the representatives of the peters Company, that they had by wine sappers, etc., got the lust legislature to pass just such a law as they wanted. Thus charging as a compliment to their own vanity, members of the legislature vCm others who hnd influence with the meiibera, as having been bought by a species of petty bribery too low for an honest man and a gentleman to offer, much less to boast of having succeeded with. And to another fact which is but a sample of many, that Hedgecoxe, when Asqr. Goodwin, of Tarrant county, and others, had expostulated with him as to his construction of the act of February last, boasting that his brain (pointing his finger significantly to his forehead) was the author of that law and that he ought to know what it meant; and that there were not ten members of the legislature who ever read the law, or knew what was in it.” 58

DeCordova replied to this exposition by Heagan of the Peters colony question. He timidly admitted, however, that his brother, J. DeCordova was an extensive land locator in the state. He further admitted that his brother had arranged with Peters’ company to survey the southern boundary of its claim i for a land consideration. He stated, hoover, that J. De- Cordova was always careful,in his locations, to avoid conflicts with "old titles and colony” grants; and that he had turned his attention "to that part of the country” because he could place his certificates ”on good lands out of conflict with all.” 59

DeCordova took the parting shot at hia worthy antagonist on October 6; and his article falls very short of being a high type of journalism:

n The amount of money raised for the was :)7.50. Publish this all ye editors who believe in the great excitement of peters Colony. Seven dollars and fifty cents. Ill* for the large and populous county of Collin, in the very heart of the colony, all that could be raised towards paying Counsellor leagan. 1H 111 H 1111 Jll * ♦ I•*11 ♦* 60

BeCordova’e last editorial proved to be the termination of the controversy between him am Beagan. On November 2, 1852, the proprietorship of the Southwestern American passed into the hands of John Ford. Ford admired There was therefore a decided change in the paper’s attitude toward colony affairs.

Shortly after this controversy with the editor of the Southwestern lean Reagan was viciously attacked by Sam Bogart e Bogart was jealous of Reagan* a popularity.

It will be remembered that Bogart as a member of the k McKinney convention, had secured Keegan as the colony’s attorney; that the committee had voted unanimously for him. Further, Bogart had notified Reagan of his appointment end congratulated Mm upon the honor. But Reagan soon outstripped Bogart. He had been elevated to the bench as Judge of the Mnth Judicial district. This promotion doubtless caused the severe criticism of Reagan by Bogart in the State Senate, in the course of a debate. On January 20, Bogart spoke in the Senate as follows;

Another individual, who acted a conspicuous part in this grand farce, was imported into the colony by land locators; travelled from county to county, making speeches, influencing the public mind by denouncing the law, the Joint Comlttee, and the entire legislature; and yet this individual, after having aroused the people to a proper pitch to suit his purposes, seised the opportunity to proclaim as the champion of the people’s rights, and mounted upon a wave of

popular excite meat he had contributed to raise for his own aggrandisement,rode triumphantly into a salary of CI»7FO per annum and now complacently folds the ermine robe of the Dinth Judicial District around his sacred person* lam a plain man, and I want to be plainly understood* I mean the present Judge of the ninth Judicial District* next move in this grand tragedy was the call of a convention to meet at McKinney, Collin county, on the 29th of July* On the arrival of the day, a host of officials, demagogues, and land sharks, in attendance, some of whom had not been in the state long enough to entitle them to a vote, who took advantage of the excitement to give themselves an importance which they could not earn by honest means* Here an address was Issued to the people, and a memorial to the governor requesting a call of the legislature* Then, to right about face, an attorney is employee, of course, a no less personage than the present judge of the Minth Judicial District* cell is made upon the colonists for money to defray his expenses to auetin, where he took occasion to give hi. self notoriety by figuring in a railroad convention. 61

deagan replied to this attack in an open letter to the Au^rloan, published in its issue of March 9, 185?* It was vigorous, spirited, and bitter* He refuted practically all of Bogart’s eri tic Isas* This letter ms the beginning of a bitter controversy: Bogart making charges, and Heagan refuting them* The dispute beoana more bitter and violent between the®. Finally Bogart, losing control of himself, threatened Heagan with a duel# Beagan replied to this offer in a char- act er is tie manner:

’ I could neither give nor accept a challenge to fight a duel. If I were freed from all other scruples while acting under such an official oath as must be taken in Texas. I have been here ever since I was a boy. All that I have of character, of property, or of hopes, is here —I have nothing to go to elsewhere. But waiving all this, if I had ay consent to fight a duel, unprofitable as Eg life may have been, unworthy as I may be, I should think it an unreasonable demand for me to stake ny life in deadly coabat, against the life of an apostate from the Christian ministry, a murderer and refugee frars’ justice, a known hypocrite in both religion and polities, and now a convicted liar and slanderer of the basest character. I have not my consent to live the life of a Burr or to die the death of a Hamilton... "As for ay self I can only say that I now live amongst the people with whom I arrived at the years of manhood. They have known and witnessed every act of Eg life from ng boyhood to this time; and I defy my assailants and the world to show one instance in which by fraud, falsehood or deceit, I have wronged one single human being. I know my assailants will call this self-praise; so it may be; but if it is the truth,which they cannot gainsay, it is the proudest thought that exists in my mind.” 62

The people were so angered at Bogart’s attack upon Heagan, and his later abuse, that asked hl® to resign. Bogart refused. On the other hand, Heugan’s friends, both high and low, rallied to him. The following is a letter worth inserting to indicate the mture of the feeling of his fr lends:

Mr. John H. Heagan, Bar dir I have attended to Your Bxsness All the Members of the convention To subscribe to your statement which tha have Don with much pleasure, Bealng requested by many of your friends And the Lost influential gentlemen of mi county to say to you that the war waged Agenst you by Sam Bogart that the Said Bogart is Holly and Soly prompted to such Acts only By Devil and that He is And Should Beu from his former Acts Be looked Upon By you as Beneat your notice he Ms nothing To Loos And you have All And he is Awar that so Longg as you Stopt to reply and an set his Statements that it only Gives him Carectter So I for menny of your friends of Ulis county old Surject to you to Give him this your last Shot Lay the Licks on Dell and hard and Let him Say and Ho dout he will Seak his on Level,

Yours verytermly,"

It would not be too much to say, how ver, that Heagan only fought when attached, or when he defended some worthy cause. He dia not seek controversy to obtain publicity; he always fought to vindicate the right, to overwhelm the wrong.

He defended the colonists against the mammoth land company. He was trying to save their homes and their lands for them. He always mas as saalcus and energetic as a crusader in defending these people.

One of Beagan’s fY lends Ms given us a vivid pen picture of him about this twe. He said:

” The first sight of Judge Keagan made an impression on the mind of the writer that has never been effaced, He was then a body well knit, indicating sound health and great strength, with no surplus flesh, of the weight of 150 or 160 pounds. His hair and beard were coal black; his eyes black and piercing and sparkling; his dress neat, not gaudy, after the (fashion of the day. His coat was of blue broadcloth, with brass buttons, and it was cut in the scissor or claw hammer style, with stiff rolled collar that seemed constantly to*be making frantic efforts to climb to the top of his head...

""Since the ’writer first met him he has constantly filled the public eye, and moved upon the stage of political action, in a career of success unprecedented. He is a man the people have delighted to honor. Full of integrity, always faithful to his trusts and to the people, he will at the close of his life round out his long and eventful career without the shadow of a stain. ' 64

southwestern American, August 25, 1852.

This statement was quoted in the editorial of august, but was used so awkardly that its meaning was unintelligible, and was omitted in the quotation* It probably referred to an article that Heagan had written in justification of the riots*

B —~~ — - Texas State Gazette, September 7, 1852* This letter was first sent to the” Southwestern ImerlcaQ, but the editor refused to publish it* ~ It was then sent to the Texas eta to Gazette for publication*

—— ; — ———. Texas state Gazette* Septet er 18* 18S2*

—— — _ The texa.B Hepubligap. of January 14, 1854, gives the opinion of the All o mey-G e'ii era 1 of Texas, Thoms J* Jennings* In a letter to the Governor, Jennings stated that in his opinion the legislative acts of 1852 and 1855, dealing with the Peters* colony, were unconstitutional, and arrived at his conclusions from the Ordinance of the convention of 1845: (1) The convention resolved that the Colony contracts which it denounced are unconstitutional, illegal, and void from the beginning* _ (2) That, if ever valid, they had been forfeited by a non-performance of their conditions. (5) That the convention did not absolutely decree the contracts to be void, but simply "expresses a solemn opinion” that they were so; but did "ordain and decree” that the Judiciary shall determine and settle the rights and claim, and that the legislature should not interfere with this determination and settlement, by compromise or otherwise* (4) The convention absolutely decreed "that all actual settlers under such contracts, shall be entitled to their quantity of land as colonists—64o acres to the head of families, and 520 acres to single men.

The neral further asked tmt a suit might be instituted to bring the matter into the courts that the rights of both the state and the company might be established.

g~ — ~ Texas State Gazette, September 18, 1852.

w ————.—. —— Southwestern American, deptember 22, 1852.

60 During the summer of 1852, Beagan was elected district judge of the Hinth Judicial Distiict over his' opponent, Beuben A. Beeves. He resigned his position us attorney for the colonists. He .made no charge for his services.

61 Southwestern American, January £9, 185?. That day, January 20/ a vote was taken in the Senate to repeal the colony law of February 10, 1852* The vote stood: yeas, twelve; nays, twelve* The president of the Senate voted "yea", breaking the tie repealing the law* Bogart voted in the negative.

62 The Standard, (Clarksville }» September 10, 185?.

—— — — 3. Bogers to John K. Beagan, ’axahachie. !--ay 16, 185^.--deagan Papers. {The letter has been reproduced with punctuation and orthography as in the original. J

64 Wood, D., Reminiscences of Texas and Texans Fifty Years Ago, 49-50.

The Know-Nothing Fenace

The party became completely demoralised in 1854. It had attempted to straddle the Kansas-Nebraska issue and had failed. This question brought to the front the issue of slavery in the territories. This question was like the general who escaped from the battle in the Arabian Eights--Kost of the planters in the South were Whigs, so when the issue of slavery was raised, they could not agree with their Northern brethren. As a result, the party split in two. Consequently it disappeared as a factor in national politics. Host of the

Southern 3/higS joined the Democratic party. Hany in the Dorth, however, joined a new party just coming into prominence, known as the Know-Nothing party. Later this party became the ’’American Party.” This new alignment of the Wigs, both in the North and in the South, was necessary. They could do nothing else; there was nowhere for them to go.

The Know-Nothing party made its appearance in Texas in the early part of 1854. Its rapid growth in the state was due to an unfortunate circumstance which Tinkler styled a ’’windfall.” This was a mass meeting of the Germans at San Antonio, May 15, 1354. These Germans adopted a series of resolutions, expressing their opposition to slavery. The people of Texas took with ill grace this apparent interference in their domestic affairs by those foreigners. But aside fr can this activity of the Germans, another factor favored the growth of the Know- Nothings; namely, its feature of secrecy. Many good Democrats wished to join the organization through curiosity. They wanted to find out its myseteries. It was a morbid desire of many weak in the faith, or devoid of any political faith at all, that fostered the growth of Know-Nothingism in Texas.

the activity of the Know-nothing party became know in Texas, it threw the Democratic party into the gravest alarm. Roberts said; ”It was like a peaceful family asleep to be awakened in the middle of the night to, find their house on fire." 65

The Texas dtate Gazette was one of the first papers of the state to raise the danger signal, in an editorial, deptember 9, 1854, this paper pointed out the danger of the party to the Democracy. It said:

” The complete line of demarcation, draw by Know* Mo thing ism between our native and foreign born oiti* sens—the personal conflicts, mbs, mrders, and other evil consequences attending the same** fully verify the grounds of objections, which w entertain to that organiaation*••lt is an organisation that has for its object the denial to the naturalised citizens of the State of the rights conferred on them by our laws. It is an outrage upon these laws, upon the rights of the people who passed and sanctioned the®, and of those citizens for whose benefit these laws were en* acted.”

The Know-Jot dings decided to organise their party more efficiently. They desired to enter actively into politics., They were eager to capture the state. They began to oil the party machinery and to put it into smooth working order. The leaders of the new party held a convention at Washington, Texas, on June 11. This meting has frequently been dubbed the "dark lantern ?f convention. The assembly appointed a vigilance committee of five members to propagate their principles, and to promote the candidacy of the Know* Mo things in every district in the state. They put into the campaign a complete state ticket. They nominated Dr. D. C. Dickson for

65 governor, and Dr. a. C. Jowers for Lieutenant-Cover nor.

The knowledge of this activity of the Know-Nothings acted on the Democrats like an emetic. If the old Whig party had frightened them severely, the Know-Nothings now soared them out of their wits. The new party, moreover, shrouded its movements with secrecy. The Democrats did not know how to meet an enemy about which they knew nothing. The Democrats even found the enemy in their own camp. This fact only added to their alarm.

The Know-Nothings, moreover, advocated principles out of harmony with Democratic traditions and practices. accordingly the Democrats of Austin and its vicinity assembled in convention on June 16. This assembly has since been know as the "bomb-shell” convention. This convention appointed a eomit tee to draw up resolutions which should make the Democratic doctrines so clear that there could be no euouse for any Democrat to wander from the fold. These resolutions were a terrible "phillipic” against the Know-Nothings.

They concluded with an invitation for all erring brethren to return to party ranks:

' Ae believe all real Democrats who have connected themselves with this Know-Nothing brotherhood, without being advised of its true objects, of foreseeing its dangerous tendencies, ought to and will abandon it, and resume their positions in the ranks of the t ime -ho nor e d p arty, who ee pri no ipl e s the y kn ow and approve, and take a a pleasure in publicly proclaiming; am we cordially invite as well as expect them to pursue this course. In this crisis, all who are not for us are against ue.”

The convention then dropped Dickson’s name, substituting in its place Hardin U Hunnels, and replacing John Hancock’s with ex-governor P . H. Bell as Representative in Conthe gress from the Western District. This action made tissue between the Deiuocrats and the Enow-No things clearly and decisively drawn. The fight was now on and to the finish. Ho quarter was to be asked or given by either side.

The Democrats were, how ver, io a dire predicament* The worst news we yet to com; thia was the political apostacy of Sam Houston, In an open letter written from independence, July 24, 18?F S In answer to an inquiry from some friends, Houston expressed himself as follows:

” Whilst the triumphs of American principles were re verberating throughout the Union, I was silent., a these principles are said to be in eclipse, I come for* ward in cheerfulness and declare that I believe that the salvation of my country is only to be secured by an adherence to the principles of tbs American order... Secret orders have always been dangerous to despots and tyrants. They ..despots and tyr&ntsj have denounced and proscribed Masonry; the Pope and other potentates

have crushed the ancient oraer in their dominions--. »e have a high and holy duty to perform to our countrymen, and if we, as Americans, cannot maintain and preserve our freedom, is it possible, or even probable, that we will find a safe depository in the hands of foreigners, or the satellites of a Pope whose system of religion overwhelms all American Protestants with denunciation while living, and denies their bodies burial after death in Catholic cemeteries 66

This action of Houston was fraught with great significance. He was immensely popular in the eastern section, the moat populous part of the state. The Know-Nothings were also better organised here. with this additional force the Know-No things went forth to capture this portion of the state.

Lew D. Nvans whs the Know-Nothing candidate for Con* grass in the Eastern District. George Chilton, John T. Mills, and Mathias Lard were the Democratic candidates. /hen the campaign began to become rather interesting, Chilton and Fills very patriotically abandoned the field in favor of 4ard« The reason assigned was that many candidates might divide the-vote and thus permit the success of the Know- Nothing candidate. In this campaign, Democratic speakers, good and bad, took the stamp. They hafrangued the people wherever they could find an audience. Two of the most pro-

minent Democrats in this section who took up the tight were Heagan and Drank . Bowden, both of whom won back many of the "wavering brethren" to the Democratic fold.

When Houston’s announcement was published, Reagan was judge of the ninth Judicial District, Because of his position, he entertained some scruples about engaging in politics. But when Democratic success seemed to be hang* and ing in the balance, he thought his services necessary, he entered the canvass. He followed hard upon the heels of the enemy.

July 29 a 185 F, he wrote to the postmaster at Marshall, sending him a copy of Ivans’ speech. He stated that it was being sent out to all parts of the district as Know-nothing propaganda. He further told him that the Know-llothlngs were "moving Heaven and earth" to elect Kvans, and the entire state ticket. He continued to say that he was hot upon Bvana* trail, he having answered him both at Palestine and at Crockett. He concluded:

And have got the Bev. Dr. Kendrick of this place a Campbellite preacher of some ability, to make a public speech on the Catholic question, next dun* day. I made a partial reply to Jowers 1 speech yesterday, and I gave notice that I would answer him next Saturday. I shall also answer the Bev. Dr. Kendrick... If I had got ho in time I could have brought the Democratic strength to bear more effectively. As it is I am doing all I can, but I fear we are to be beaten here. * e have an enemy whose ■ strength we do not know how to combat but whose forces

arc perfectly organised ana doing all they can. I send this information to warn you of what is being done here, and of what you may fear in the Astern District, so that the energies of the Democracy may not be slacked in the Ea5t...67

The g republican, august 4, gave a brief description of a political struggle on July 2F between Beagan and Kvans at Palestine. Bt the conclusion of Evans* address, Heagan arose and stated that since the speaker hud invited a challenge of the Desserata, he would proceed to discuss the Know-Mo thing issma. He requested the audience to remin while he replied to Evans* argument. The report concerning Beag&n’s effort said:

” Amid thundering applause he tock the stand and then co mine need the tug of war. de will not do Judge Reagan the injustice to attempt even a synopsis of his speech, but oh, such withering, convincing speech seldom falls to the lot of mortals to hear, times it was argumentative, at other time withering to the last degree in his sarcasm; occasionally one of those bursts of eloquence, one of those towering masterly efforts that would set the audience on tiptoe, and send the war® life-blood leaping through the veins with railroad velocity® And as the speaker warmed up with his subject, you could see the manly form, the swelling chest and dilating eyes, all life, all soul, all energy, and listening you would hear such a self-convincing argument, or such blasting denunciation as sould almost make you tremble with undisguised fear and dread. He, with a remorseless hand, tore the flimsy covering from the ogre, Znow-Ho thing ism, and exposed it with all its native deformity and loathsomeness,**

Frank Bowden addressed a letter to Reagan, august 4, in reply to one from Reagan. .July 27. In this letter lowden expressed his grat if lout ion at Reagan’s course in the canvass to prevent the defeat of the party. He was glad, he said, that he had been ’’arousing the people to a sense of their impending danger.” Continuing, Bowden said:

w I gay danger because I regard the present crisis as more portentious than that which gave rise to the memorable struggle between Jefferson and .Adams. The ordinary contest between parties involve generally questions of administrative policy; but. the existing issues are fundamentally re volutionary in their character, presenting not the question, ’How shall the Hepublie be governed?* but the more startling query, ’Shall we any longer have a Republic?’ The great fundamental stones of our fabric are: a free press, freedom of conscience, and perfect and unqualified religious toleration. These are the characteristic features of our form of government.... £o ln this crisis now upon us, lam not surprised but greatly gratified to find you treading the path biased out by our great Jefferson, the foremost man of all the ages. !5 ...68

Pease, the Democratic candidate, was elected governor by a majority of about nine thousand votes* In the Eastern District was elected by a small margin to Congress* Lubbock attributed Xwns’ election to the support of Houston to the f "General .Houston’s influence, per- 69 haps," said he, "turned the scale in his favor*"

Shortly the election the Democrats of Jackson* ville, invited lUagan to address a mas meeting of citizens, October 4, They proposed that it should be a sort of "jubilation” meeting in celebration of their victory, ieagan declined. He wrote the cowit tee a letter, however, expressing his appreciation for the Invitation, He said that he doubted the propriety of a judicial officer taking a part in political discussions, But in the late canvass the democrats faced a real danger, and he had waived his scruples. He had done his best to save the party, Since the cx’isis had now passed, he thought he ought to heed his better judgment and refrain fro© any further participation in politics. But in the letter he denounced the Know-Mothing party and its principles in the most bitter terns:

' Any act of demagogues my excite a prejudice of class against class, and of race against race, And any religious bigots may preach a crusade against their fellow* men and fellow*Christians. But when these two terrible scourges cf the human race are once turned loose, who shall check or eon* trol them? Let our countrymen tremble while his* tory answers. f? To save cur country from such a calamity let us organise promptly, efficiently, thoroughly, the Democratic party here. Let us real) amine our minds, renew our hearts with its pure and noble auctrines, which look to the individml citizens as sovereigns... and let us preserve to the world the example of one government whose citizens may enjoy the freedom of thought, of speech, of the press, and the privilege of worshiping*our Supreme Creator and Judge in their cxi way without fear of mole station or hindrance... We have something higher and nobler now to contend for than offices and spoils. Our hearthstones, our altars, our government itself, with all our free and happy inatitutions , social, political, and religious, in my humble opinion are to be preserved to ourselves and passed down to our oosterity by the success of Democratic principles, and the overthrow of political prescript ion, religious tolerance, and the abolition party. Let us hope that this is the mission of the Democratic party.*.’ 1 70

IF — Wooten, Comprehensive Hist gr y of 11, ?9 O

gr— — — Lubbock, 197. Dr. Dickson had been nominated by the Democratic convention at Huntsville, April 21, as Lieutenant-Governor to succeed himself. Dickson had been placed on the Democratic ticket with 1. D< Tease who also was chosen to succeed himself. But Pease was not in good standing with some of the prominent Democrats because of his advocacy of state-built railroads. Dearing defeat with pease as a running-mate, Dickson had gone over to the Know-Nothing party. The Democrats could never forgive him for this treachery to his former party.

66 Ibid, ,198. Lubbock quoted the Texas Republican, which said: Sam Houston comes out clearly and unequivocally in favor of the Enow-lothing party-”

67 John H, Beagan to the Postmaster of Marshall, Texas, July 29, 185?.--Heagan Papers.

68 Frank ... Bowden to John H. Reagan, august 4, 1855.— Reagan gapers. ooten, D., Comprehensive History of Texas, ii. ll* Roberta said of Bowden: ’’Among the many brilliant lights that shone in the political firmament of Texas in the campaign of 1855, in opposition to one particular star biased with special and universal lustre. It was Frank A. Bowden, who had been a member of Congress from Alabama, his native state, for five years before moving to Texas in 1851... he passed away in the zenith of his matured manhood in 1857... Hth symmetrical person of common stature, pleasing aspect, and genteel manners, there was nothing but his towering intellect and sanguine temperate nt that made him what he was in every sphere of action.. .Inspired by a broad, human sympathy, and without guile. he in his life made thousands of admiring friends, and in hi® death left not an enemy.

69 Lubbock, Memoirs* 196*

John H. xieagan to a Committee of Democrats, of Cherokee county, September 25, 1855.**Heagan Pape rs.

CHAPTER III SECTIONALISM

THE CAMPAIGN Of 1857

At the close of the campaign of 1855, Reagan was able to write, ’’Victory perches upon our banner...yet I do not think we are out of danger.’ 5 This statement ’was essentially correct. The Know-Nothing party at that time was far from being dead. The Democrats had yet before them a warm and vigorous campaign before the triumph of the party. Their ranks had, however, been solidified by the State Democratic convention at Austin, January 16, 1857. This meeting of Demo crats adopted a platform on they could make an appeal directly to the people. It outlined their course in both state and national politics. furthermore, it included an article which formally put the Democratic nominees on record as being in accord with its principles.

It was evident to all that the Know-nothing party was on a downward trend. This condition was due to several causes. In the summer of 1854, a new party had been organized in the North. This party was styled the Republican party, by which name it has since been known. This new party had definiteextension of slavery. ly committed itself to the For this reason" it drew into its ranks many members of the older parties* It also absorbed many of the know-Nothings. Another feature of Know-Nothingism that hastened its decline was the fact of its of proscriptior toman Catholicism, and its pronouncement against foreigners. Both of these features made the party obnoxious to those people of the North endorsing abolitionism* Consequently, when it became known that the old ship of Know-Nothing ism was foundering, many of its leaders were quick to avail themselves of the opportunity to abandon it. But they found themselves out in the cold, politically. Hence many of them adopted the name of ’’Union Democrats' 1 to give them some character of respectability, and to fraternise with those with whom they had allied themselves. Two of the most able and prominent of these ’’Union Democrats” in Texas were Sam Houston and Lem D. Bvans. Both of them stoutly maintained that they were the legitimate followers of ’’Old Hickory * ?f

In the campaign of 1855, the Democrats had been uniformally successful, but had lost to Evans in the east* This success of Evans was due in a large measure to the splendid party organization of the Know-Nothings, and to the immense popularity of Houston, who advocated — Know-Dothingism. In 1857, the Democrats, moreover, had the same combination to face as in 1855. They had the additional disadvantage of having to contend with these self-styled "Union Democrats”.

Evans was a man of considerable ability, personally popular, a good and effective speaker, and of a winning address. He had been judge of the Sixth Judicial District, and was well known to his constituency. In debate where it called for a "rough and tumble” contest, Evans was without a peer. He was seeking reelection io Congress. In the canvass he was attempting to rally the support of the Know- Hothings and of the Democrats weak in political faith. Aside from his new party alignment, he had the tacit support of Houston. This support gave Bvans a considerable advantage. It, consequently, gave the regular Democratic party considerable concern. If they were to win over Evans, it was necessary for them to exercise great prudence in selecting a man capable of meeting him anywhere. Indeed, this candidate must be able to conduct the canvass in any fashion that the occasion demanded.

Preparatory to the campaign of 1867, the Democrats held their convention at Waco, May 4, ’lth ninety-three counties represented, and two hundre d A ' ifty-four delegates in attendance. Their platform dealt exclusively with national issues s It included the Kentucky and Virginia Resolutions, of 1798- 1799, with Madison’s Report. An effort was made to incorporate a declaration in favor of a state banking law, but it failed. The desire of the Democrats was to put forward every effort to capture all the state offices. They tried to select their standard-bearers carefully. They nominated Hardin B. Hunnels for governor, and E. B. Lubbock for Lieutenant-governor.

In this platform it is easy to see the beginning of a party consciousness. The Democrats were commencing to trim their sails to national issues that were beginning to affect Southern interests. Hunnels was known to be a strict Southern Kights man. The Democrats were giving voice to feelings, with such a man at their head, which must ultimately lead them into a violent and heated sectional dispute.

On May 1? , the Democrats of the Eastern Congressional District met at Tyler, to nominate a candidate to oppose Evans in the coming campaign. William S. Taylor was elected president; Thomas P. Ochiltree, A. G. Cantley, S. M. Werner, and H. B. Chilton were chosen secretaries. When the time arrived, John M. Crockett placed the name of John E. Keegan before the convention, and J. S. Boggas, that of Malcolm D. Graham. The balloting lasted for two days. The names of Matt Ward, H. H. Dong, George Smyth, Pendleton Murrah, and Louis T. Wigfall were voted on during the contest but were withdrawn before the end. After twenty-six ballots had been cast, the vote was twentyseven for each of the candidates, Beagan and Graham. At this juncture Matt D. Ector arose and withdrew the name of Graham, then George W. Chilton made the motion to nominate Reagan by acclamation. The motion carried, and Reagan was unanimously chosen. The president then appointed a committee of five 1 with J. I. Burton, as chairman, to notify Reagan of his nomi-

nation, and to urge his acceptance. The same day the committee addressed him a letter, which said:

” The members of the convention have abundant confidence in your ability, integrity, and devotion to the principles of the party, and have pledged to you their support. It is therefore hoped that you will find it convenient to accept the nomination and enter upon the campaign at an early date. 2

The next day, May If, Reagan acknowledged thia letter of notificat ion, writing his acceptance from Kaufman. He expressed his distrust of being able to measure up to the ex-

pectatlons of the convention. But he promised that he would endeavor to:

testify my appreciation of the honor conferred on me, of being the standard-bearer, by the fidelity and zeal with which 1 shall advocate our cherished principles for upon the success of these I believe depend the perpetuity of the Union, the preservation of 1 the rights of the states, and the security of the b*st interests of the whole country..* "/hile I have not sought this nomination, on the one hand, I accept it with cheerfulness and pride, on the other; but being engaged in the severe duties of the Bench, I must enter the canvass, without that degree of preparation which would be desirable to myself and friends. Accepting this nomination, I will resign the office of Judge of this district, so that my successor may be elected in august.” 3

early in the year 1857, Reagan’s name had been mentioned as a probable candidate for governor. On PMreh?l, ex-Governor J. Pinckney Henderson wrote him a letter concerning the matter, stating that he believed that his candicacy would meet with favor in both sections of the state® He stated further that he believed Sam Houston would be the Know-nothing car id ate for Governor, and probably either Runnels or Johnson would ¥ be the Democratic nominee. But he

said to him, "I am sure that you can meet Houston in debate better than either of them and with the fullest success. " 4

The issue between the two Congressional candidates was r ' well defined. It was likely to be a battle royal with the principles of Thomas Jefferson at issue. Beagan immediately began to prepare for the contest. He proposed to denounce the Know-Hothing doctrines, for he was aware that Bvans, though claiming to be a ’’Union democrat,” counted on the support of that party. He therefore outlined his objections to the Know- No thing principles as follows:

Hirst: That the making of a religious test, as the proscription of the Roman Catholics, in fact, was a direct violation of the Constitution of the United States,

"Second: That the making of a birthplace a political test for citizenship was vrong and in consistent, inasmuch as foreigners had helped to build up our country and to develop its resources.

Third: That secret political societies were un-American and unwise; that these societies were usually controlled by radicals who made it impossible "for a presentation of opposing views and for the comparison of opinions." 5

Before entering actively into the canvass, Reagan addressed a letter to Evans, advising of the issues he intended to discuss during his canvass. He, therefore, extended him an invitation to meet him in a joint discussion of the issues proposed by him. Evans was completely taken by mirorise. He replied in a letter to Reagan, which was both un-6 friendly and undignified.

The correspondence of the two candidates was printed in the newspapers. Reagan’s letter met with the general favor of the people, who considered it good sportsmanship. It indicated the high and dignified plans upon which he proposed to conduct his canvass. Evans’s letter, on the other hand, was generally ridiculed. He had expressed a petulant and malevolent spirit. He desired to avoid any discussion of personalities, he said, and wished to confine his discussion to the issues of the day, insinuating, of course, that his opponent 7 was ignorant of those questions.

Judge Keagan’s note in which he expresses much astonishxaent at receiving so unexpectedly a challenge from Judge Heagan, w mirabile dictu”. He goes on to say in. his answer that he doesn’t mean to indulge in personalities, and that he had thought better of Beagan than that he would indulge in anything of that sort. . That, he, himself, intended to disuess the great questions of the day, such as the !t /aco Convention ”, "Squatter Sovereignty”, ”Alien Suffrage , etc. The idea of a man of Lemal 1. Ivans' experience in political discussions, writing such nonsense in his answer to Judge deagan’s note is really laughable. The iueu of a discussion of his political acts being a personal matter, is decidedly funny. Lemuel B. Svans knows that he is in a close place, and this is but a miserable ruse to get out of it. I have no doubt he would like very much to occupy his time in ’hifaluting’ about the Waco Convention, Squatter Sovereignty, but Judge Heagan has got a little harder work in store for him. And he will find before he gets through the canvass that H Jordan is a hard road to travel” indeed.

The campaign was one of the most spectacular in the history of Texas polities, and perhaps, in the entire country. The participants were men of great ability. They, 8 moreover, were splendid debaters. They were accustomed to

the hustings and they entered the contest without asking for or giving of quarter. further political complaints arose. Houston, moreover, was announced as an independent candidate for governor. He was now busy canvassing and soliciting the

votes of the Know-Nothings. One of Reagan’s supporters wrote him:

” Colonel 1. T. Wigfall left to-day to meet Old Sam at Carthage, and vanquish him, which have no doubt he will d_o. Upon consultation with General Henderson and Colonel Wigfall, they think it advisable to chase Lem until you can overhaul him. General Houston will be in Henderson and address the people on June 8, and General Henderson will be there to re ply... Colonel Matt Ward was here to-day and replied to Lem’s speech... ” 9

Both Henderson and Wigfall were on the trail of Houston while Matt Ward ’was taking care of Evans until Reagan could get into the field against him.

The first joint debate between Reagan and Evans was at Nacogdoches, June 22. The Hemer so n Democrat commented on Reagan’s effort in that discussion:

” ./hile he is remarkable for the vigor of his intellect, and the force of his language, he ueals in no fancy sketches or attempts at oratory, there is a force, a dignity, and a sincerity in everything he says, which with his close analytical mind, and the bristling array of facts which he presents, are not only collected at the time to produce powerful effect upon the audience but to sink deep into the minds and long after he is gone is food for serious reflection. if Judge Evans made use of some discourteous remarks about Judge Reagan, and at the close Judge Reagan arose and assured him that he was both a blackguard and a bully.” 10.

There was another meeting, July 8, between the two competitors at Marshall, and the Texas Republican, in reporting it. said:

” Judge Reagan began at 25 minutes past 2 o’clock and continued for nearly three hours. He fully sustained the high opinion we had formed of his ability as an orator and statesman. Judge Reagan has few equals on the stump. He is remarkably self-possessed, and there is an air of candor and sincerity about the man which is engaging. He has a fine voice, a graceful exterior; his style is bold, perspicuous, and just sufficiently ornate to make it agreeable... .. 11 Never did a man receive a more merited excoriation Ghan did Judge Evans. And as Judge Reagan piled fact upon fact, and exhibited the tergiversations, the trickery, and the demagogism, of his adversary, in the most elegant diction and unexceptionable language, Lemuel sat silent and sullen, one hand covering his eyes, his swollen face denoting the agony of the passions that raged within. Never have we witnessed, in a political contest a countenance more woebegoned, or upon which was more deeply written that the light of hope had fled. ‘‘Judge Reagan concluded with a supposed love speech of’ Judge Evans, which was made up of quotations from the later’s ponderous lecture on the of Our Institutions *, which caused a-perfect furore.” 11

The candidates were next at Jefferson, July 7. Here in the discussion was enacted one of the most dramatic scenes of the entire campaign. In fact it heralded the destruction $ of Evans’ hopes for reelection, From this date it was evident that he was losing ground. He was, moreover, fighting for a waning cause. Evans had been very severe in his denunciations of the activities of Wigfall, Henderson, Hills, and others for their Southern views and political activities. He had repeatedly charged them with being agitators, ’’firebrands”, and disunionists. Further he had bitterly denounced both Reagan and Runnels with being too Southern in their views. He even accused them of favoring the reopening of the African Slave Trade.

At Marshall, Reagan was informed by some one of his friends that Kajor J, Clough had a letter written to him by Evans in 1849, during the session of the legislature, of which Clough had been a member. Evans expressed himself in this letter as being heartily in favor of the Southern Convention of 1850. He also stated his view on Southern questions in the most intense and unequivocal manner. Evans said in part:

" If the legislature takes upon herself to send deputies the Convention of 185QJ !_ wish to be returned for one — I wish it strongly —nay, J will say to you confidentially I am ambitious for the honor,'

He then suggested to Clough, Wigfall, John T. Hills, and J. P. Henderson as other suitable delegates to attend this convention, should it be convened.

A committee was seat to Clough forthwith to request that he give the letter to Reagan in order to show Evans 1 r inconsi 3- tencies. Clough at first refused. He stated that he doubted the propriety of giving up a personal better. But its importance to Beagan was made so manifest to him that he did so. Lhile Evans was speaking, denouncing the nullifiers, and expressing his dislike here for conventions and party caucuses the letter was handed to Beagan on the stand.

At the close of Evans’ speech came Beagan’s time. Lubbock, who was present, describes the scene:

" Beagan, in replying, tock the Clough letter fi'om hie pocket and read it. Evans sat absorbed, and for a long time did not notice that Beagan was reading his (Evans’) production. When nearing the close, however, he seemed to realise that it was his convention letter, and upon Beagan’s conclusion, he asked the people, ’ho do you suppose, fellow-citizens, wrote that letter’? and turning upon Evans, said, as the prophet Kathan said to King David, ’thou art the man. ’ Evans rose to his feet, pulling out his six-shooter, and denounced Clough for giving up a private letter and Beagan for using it. Beagan also had his six-shooter out and replied to Evans’ remarks by saying: ’Judge Evans, let’s put up our six-shooters; I do not wish to kill you, and I do not intend to be killed. I want to go to Congress, and I am going there.’"l2

From this date the joint discussions were carried on with less acrimony. Lubbock said that Bvans had to eliminate from his set speech the denunciation of the Southern Conven-1? tion, and his charges against Beagan and his friends.

The campaign was a heated one from the 6th of June until the first Monday in August when it ended. It covered thirty-six counties, embracing the territory from the Gulf of Mexico on the South to the Bed River on the North, and from the Sabine River on the Bast to the Trinity River on the West. The candidates met in forty-eight joint discussions which lasted usually five hours. Frequently they had to travel all night to reach their appointments. Reagan said of the campaign:

” I doubt if there ever was in the United States so laborious a canvass as this. Judge Svans was a man of great physical strength and capable of great endurance. All that I can say of nyself in this respect is that we went through the campaign together.” 14.

The two political competitors were about equally matched. 0. M. Boberts styled the competitors as "Greek meeting Greek”. Allowances must be made , however, for the press reports of the debates. Practically all the newspapers were Democratic in their political inclinations and inclined to picture Beagan’s efforts in most glowing colors, and to give

Evans’ rather a drab effect. To say the least, Evans was an able man, but his political record had been rather questionable. It was, therefore, against him. Reagan was a shrewd enough politician to detect his adversary’s weakness, and he made use of it. In addition to this, Evans was leading a forlorn hope® The Know-Nothing party was coasting down grade. The people did not wish to support a losing cause. With a touch of kindness for Judge Evans, Roberts said:”Ut is but justice to Judge Evans to state that in after years he showed that he had a kind heart and a helping hand for every 15 Texan in time of trouble.”

Reagan was rewarded for his great campaign by a vote of 15,341 to 9,928 for his opponent. There was a general rejoicing among the Democrats of the state at his victory,, The successful candidate could now write, in a true sense, that "Victory perches on our banner". The Texas State Gazette gave all the credit to Reagan for Democratic success in the East. It said in an editorial shortly after the election:

" In the East, the vote given for Judge Reagan is the most cheering indication of the condition of the Democracy in that region® Not only is the present Know- Nothing member defeated for reelection but the Democracy have shaken the dust of Know-Nothingism wholly from their

feet. To the arduous labors, the unbending firmness, the untarnished escutcheon and eloquent harangues on the stump of Judge Reagan, are we indebted in a large measure for the radical and sweeping change. His vote shows a Democratic gain of 5,500 votes.” 16

Hardly had the returns that indicated Reagan’s election come in, when a movement was begun to promote him to the United States Senate to succeed the late Thomas J. Rusk. This movement was accredited to the Know-Kothings. The Rusk Enquirer, a Enow-Nothing paper, was the first one to propose his elevation. The Democratic papers generally frowned upon such a proposition. They considered it a plot by the Enow- Nothings to discredit Reagan, to divide the Democrats, and, if possible, to make vacant this Congressional seat, giving them another chance. The Texas Republican, one of Reagan’s strongest supporters in his recent canvass, eulogised the pal estine Advocate, and quoted that as saying;

" But whilst we believe this is the case we speak what we know when we say that in no event will Judge Reagan suffer himself to be brought into seeming opposition to general Henderson, for he believes, like us, that General Henderson is the ’noblest Roman of them all’, and as such, should he desire it, no man more heartily than Judge Reagan desires to see him succeed the lamented Rusk/ ;

The Republi can added:

” He has been elected to the United States House of Representatives as should be satisfied with it. There

is a want of delicacy in this movement that might prove offensive. He would willingly oppose Ward, L. T. Wigfall* and George Smyth.'’ 17.

The movement was an abortive one. It failed to secure any general support from the people. Reagan was in accord with the Democracy. He certainly 'was too shrewd a politician to commit himself to any proposition that might react unfavorably on his recent victory. If he ever gave an expression that he desired to succeed Husk, there is no account of it. He had enough honor to satisfy him for a while.

This campaign fully demonstrated the excellent qualities of Beagan. He proved himself a debater of the first rank, courageous and fearless to meet the enemy on any issue and in any fashion. He was aggressive aggressiveness was necessary; he was chivalrous whenever the eneiqy was disposed to chivalry. Shrewd, calculating, and cautious, Reagan led the true Democracy to victory. He put right and principles above the desire to achieve official distinction. True to his code of principles, he pursued the even tenor of his way. By his integrity, industry, and ability, he proved himself a statesman whom his friends afterwards delighted to honor.

1 Reagan, Memoirs, 62. Reagan said: "I had seen some of the newspapers discussing my name for the position, and so I wrote to some of the members of the convention that I could not accept the nomination, if made; that I had recently been reelected for a second term as judge of the district court and preferred that position to entering political life; and that I did not want to be placed in a position of seeking one office while filling another. I was holding the court of Kaufman county during the session of the convention.”

g —— —- J. I. Burton, M. D. Ector, W. S. iaylor, John M. Crockett, to John H. Reagan, Hay 14, 1857, in the Texas Republican, May 50, 1857.

g John H. Reagan to the committee of notification, Kaufman, May 15, 1857.--Reagan Papers. One of the reasons that Reagan assigned Was, he had only recently been reelected judge of the Ninth Judicial District at a salary of C2,25Q 9 It was not showing his constituents, he thought, the proper consideration in resigning the position after his having been recently elected at an increase in salary.

4 J. Pinckney Henderson to John H. Heagan, Marshall, Mar ch 31, 1857.- -Beagan Papers.

~g ■ ~ —■ — Meagan, Kemoirs, 64.

& Ibid., 62.

7 A specimen of the humor that Evans’s reply provoked is the following; A correspondent to the Texas State Gazette July 11, 18F7, writing from Henderson, signing himself under date of June 10, says of Evans: ”Jhen Lemuel got hold of this communication [Reagan’s letter] and after examining it very sagely through his Brazilian spectacles, he came to the conclusion that there must be something terrible in it. He sits down in the midst of his agitation, and writes an answer to

g — . , __ —— Hverycne cf those who took part in the canvass, Matt r/ard, J. Pinckney Henderson, 1. T. Pigtail, and Heagan later represented Texas in the United States Senate* Sard was elected to succeed Thoms J. dusk. Heagan was chosen Senator just thirty years later*

9 W. R. D. Ward to John H. Reagan, Marshall, June ?, 1357. —Reagan Papers.

10 Henderson Democrat, June 27, 1857, clipping in the Reagan Papers.

11 Texas Republican, July 17, 1857.

__ . Lubbock s Memoirs, 218-219.

13 Ibid., 220.

14 Heagan, 1-emoirs, 64.

W” * — ?ooten, Comprehensive History of Texas, 11, 48.

ir Texas Estate Gazette, October 10, 18?7.

17 Texas Republican, 19, 18?7.

In the Thirty-fifth Congress

Reagan took his seat in the Thirty-fifth Congress, December 7, 1857. He was appointed to the Committee on / /• Indian Addairs, and to the Committee on Expenditures of the Post Office Department.

On the 19th day of January, 1858, Reagan delivered a eulogy on the late Thomas J. Rusk, Senator of Texas® He reviewed his life and services in words of deep sympathy and pathos. He paid a glowing tribute to one of Texas’ most worthy sons. He said in part:

" General Husk possessed a mind of uncommon clearness and strength, and a constitution and physical vigor capable of great labor and endurance; a commanding and noble person; a pleasant and vivacious temperament; was fond of anecdote, and full of kindness and sympathy for the unfortunate of all grades and conditions. Indeed his love of justice, and candor and truth, and his sympathy for and readiness to espouse the cause of the unfortunate, or weak, or oppressed, might be said to have been his most prominent characteristics. Almys courteous and respectful to his inferiors, often recognizing and hearing their suit and contributing to their wants, under circumstances which showed that he regarded the true dignity of a man as consisting in acts of mercy and justice, rather than in holding himself bound by the chains of ceremonial coldness which too often separates a man from his fellows... Q I speak here,.as one who has seen him in his home with his family, around his own fireside, amongst his neighbors, in the court-house, in the tented field, and in the blazing front of battle; the same pure, and just and generous, and noble man, at all times and everywhere, more worthy of imitation, in his leading characteristics, than any other it has been my fortune to know/’ 18

When Beagan arrived at the national capital he found the political atmosphere considerably clouded by the agitation for the admission of the territory of Kansas into the Union. A brief description of the situation will be necessary to an understanding of the difficulties he had to meet. On June 15, 1857, delegates were to be chosen in Kansas to draft a constitution for the new state. Although the antislavery men had been urged to vote in this election by the territorial Governor, Bobert J. Walker, they refused. The proslavery delegates, on the contrary, met at LeCompton in September, and adjourned after five days to await the result of a territorial election which was to be held in October. The anti-slavery men voted in this territorial election, and after the Governor had eliminated some fraudulent returns, they had secured control of the territorial legislature. The LeCompton convention, nevertheless, met October 19, and framed its constitution, which was decidedly a pro-slavery document. The most significant clause in it asserted with emphasis that the right of holding slaves as pr operty was higher than any constitutional sanction. It further stated that the constitution could not be altered until 1864, ’’with respect to

the rights of property in the ownership of slaves.” An election was proposed for December 21, for a vote upon the ratification of a "constitution with slavery” or a "constitution without slavery.” As a matter of fact this was a political trick, for there was evidently no "constitution without slavery” to be submitted for ratification. But it was approved by a vote of 6,226 to 669. Later it was proved conclusively that 2,720 of the affirmative votes were fraudulent. On January 4, 1868, another election was held to consider the entire document. At this election the constitution was repu-19 diated by more than 10,000 majority. The persistence of the

administration led to the most acrimonious debates ever held in Congress. It resulted in sowing discord and dissension within the Democratic party, which led to its ultimate defeat and overthrow.

Another situation which Heagan had to face in his congressional course was the pronunciamento of his party in Texas expressed by the State Democratic convention, and the state legislature. The State convention met at Austin, January 8, 1868. Its platform declared explicitly that the Federal government had no right to interfere with the organization of new states nor with the conaitions of their admission into the Union, except to guarantee to them a republican form of government. The convention went further and stated that the action of Congress to

” embarrass, delay, and defeat the admission of that new state [Kansas] as a member of the American Union, under any pretext whatever, referable to the question of slavery, would be a usurpation of power, and a violation of the compact of the Union, and in such an event, our senators and representatives in the Congress of the United States, are requested to give notice of our intention to take the necessary steps to prepare the free, independent, anc sovereign state of Texas to resume the power delegated by it to the general government, and to withdraw from the Union. ..and we invite our sister states to join with us. ..so that we may present to the enemies of our institutions an unbroken and defiant front and thus secure our safety, our liberties, and our independence by prompt and unified action.” 19

The convention furthermore resolved that the legislature should make provisions for the appointment of suitable delegates to a Southern convention ’’for the purpose of consultation and advice for the general welfare of the South .

The legislature, acting upon this authorization of the party, passed resolutions delegating power to the governor to appoint seven delegates to represent the interests of the state at this proposed oonvention. It appropriated the sue of .10,000 to defray the expenses of the state’s representatives 20 at this consultation®

On January 14, 1858, Judge 0. F. Roberts, writing to Reagan at Washington concerning this action of the legislature , sa id;

” This is the time for moderate calm council and firm action, and I trust the legislature will act in such spirit if they act at all. Our party in this state has a good many conflicting elements in it.. The intestine war of rivalry is doing its there are many aspirants but few can be successful/’ 21

This action of Texas aroused the hostility of the Horth against her. This antipathy showed itself in the speeches later in the House of Repressntatives. The northern representatives resented this hasty and imprudent action by Texas, lany declared it a bold and an ungenerous piece of impertinence. Congressman Burroughs of Hew York was the most outspoken in his denunciation of the action of Texas. He said:

” I expected that when Texas came into the Union that she would have the kindness to bear with our section a little. Twelve years ago e when Texas was young and needed our help, we bought her lands and fought her battles; but now she has grown to-be a Hercules, and says that unless we admit slavery into Kansas under the LeCompton constitution

she will not live with us any longer. That would be a nice job for her to get us to spend M 00,000,000 on her account, and then to back out.'’

Mr. Beagan: ’’Mil the gentleman allow me?”

" I would be glad to oblige the gentleman but I cannot yield. I have no time to spare. Texas, I was going on to say, has passed resolutions, I will not say they are defiant, I will not say they are threatening, I will not say that Texas will come down on us with an avalanche of some sort, if we uo not admit Kansas under the LeCompton constitution. Texas will do, I know not what. Certainly she has adopted resolutions, and is going to be represented in the Southern convention, if held.. This land was bought by common treasure, north and south, and it should be fairly divided.. You have in Texas territory equal to sixteen times that of the state of New York, and yet you stand in the halls of your legislature and say that you -cannot live in the Union with the North, and unless we consent to let Kansas come in as a slave state —it does not tally with my notions of justice and propriety.” 22

Heagan made several attempts to obtain the floor to rebuke this discourteous remark about his state, but he failed, being ruled out of order.

On March 19 he arose again to address the House simultaneously with Montgomery of Pennsylvania. Again the Speaker ruled him out of order. He lost his temper, for he felt that he was being unfairly treated. He protested vigorously. After some sparring between him and the Chair, he replied:

n I must submit to the decision of the Chair, but I do it with a sense of injust ice..and if the floor is a matter of privilege, I would like now publicly to enter my name upon the privileged list, for I do desire to speak, and think I ought to have the floor.

Later in the day Meagan obtained the floor. He then delivered his address defending Texas as well as the South. He refuted the statement made by Burroughs that Texas and the South had cost the government $200,000,000. He showed that of the 2,174,566 square miles of our territorial acquisitions, the slave-holding states of Florida, Louisiana, Missouri, Arkansas, and Texas, comprised 457,605 square miles; and that California, Washington, lowa, Minnesota, Dakota, Nebraska, and Oregon, free states, containing 1,752,877 square miles. The real facts of the case were, he said, that the North had secured three-fourths of the territorial acquisition of this country, and had then organised it into free territory. This indicated, he avered, the North had the balance in her favor, beyond a doubt. ’’Such statements [alluding to Burroughs’ re narks] may delude the unthinking and the unlettered fanatic," he went on to say, "but they will never mislead the man who calmly reviews the history of the country."

He insisted that the North had prospered, and had grown rich at the expense of the South.

" You have the territory, you have the commerce, you have everything,” he declared; ”you command the South and I am ashamed, or rather sorry and ashamed too, to say that the South is but one of your customers; and yet you come here to insult and defy and deride that customer who has made you rich.”

He then told the House what the real issue was between the sections. His prophesy was later to prove true. He said:

" Whilst I believe my heart is as faithful to this Union, as long as it is a Union under the constitution, as that of any other man North or South, I want my people to know what sort of feeling is prevailing here, and what sort of feeling prevades the national legislature; and as far as my feeble voice and efforts are concerned, they shall know it. I am not one of those who are prepared, by compromises and expedients, to yield up the last hope of my country. No, sir, the issue is tendered boldly, and I call your attention to it. It is tendered in such a way that there is no longer mistaking what that issue is, and if the representatives of the South are worthy of themselves, worthy of the chivalry of the States from which they come, worthy of the confidence of them who sent them here, they will meet that issue; and they will place themselves as distinctly upon the record as the gentlemen upon the opposite side have done..l will tell you, before I take my seat what that issue is.. Kansas is not the great que st ion. .The great question is, shall another slave state be admitted into the Union?..l do not like to make an unfortunate prediction; I do not like to predict the misfortunes of my country; but in view of the history of Che past, and of the influences that control human actions, that party [RepublicanJ is sure to give this country a President, if the Union stands; and that President will be elected in 1860.

party that rests on principles destructive of constitutional liberty, destructive of the ecjuality of the States, destructive of the rights of the people, revolutionary in its character, purely sect ionalism--that party

is to elect the next President, if this government lasts so long.”

Furthermore he declared that the real issue was slavery. The North would continue to agitate this question, looking to the elimination of the institution from the country. He argued that slavery was a domestic institution, that it had been recognized as such by the constitution of the United States. That the Constitution did not confer any power upon Congress to interfere with it in any sense. The issue between the North and the South, in its finality, was whether the Federal constitution, the equality and sovereignty of the States, should be preserved. Would the South maintain her side of the issue, was the great question before the pe opl e •

" Por one I am prepared to pledge myself to maintain it," he emphatically declared; "and, maintaining it, to ride out of the storm in the proud ship of State, the constitution, freighted withall the hopes of the Union; or, failing, to go down with the wreck. I will conclude by the expression of the belief that if the people of the South would, with one united, defiant and unfaltering voice, demand their rights under the constitution, they would receive them at the hands of the Horth, and the Union would be preserved. But if we continue to temporise and resort to compromises and expedients, the constitution will soon cease to protect our rights, and constitutional liberty will be one of the things of the past." 24

One characteristic of this speech of Reagan 7 s shows in his later speechesmark that he did not advocate the admission of Kansas under the LeCompton constitution. He knew that frauds had been committed in the election which ratified it. He was, therefore, unwilling to favor, either by vote or speech, any political corruption of such a nature. He did say, however, that the opposition to this constitution was not because of the frauds committed in its adoption, but to the slavery clause contained in it; and that Kansas would never be admitted into the Union with a constitution that recognised slave property. The cry of fraud and corruption, he declared, was raised to befog the real issue. The real issue was the desire of the Korth to arrest the further extension of slavery.

On March 20, Mr. Eransworth, representative of Illinois, stated that ”1 understand from the resolutions of the Texas legislature that she has taken preliminary steps to secede from the Union unless Kansas is admitted under the LeCompton constitution to which Reagan replied: "I desire to say that Texas does not desire to secede from the Union; she only fears the 25 Union will secede from her."

Mr. Goode, representative of Virginia, reported on April 5, out of the Committee on the District of Columbia,

a measure which provided for a more efficient constabulary in the city of Washington. The bill carried sith it an appropriation of $lOO,OOO.

The bill came up for action in the House on the 14th. Heagan addressed the House on the measure, and said:

' This bill in principle denies the fact that the people of the city of Washington are capable of self-government. The people of this city have their charter; it is an incorporated city; it has its judges; it has its magistrates; it has its constables; it has its police; it has its body of laws. Why then, sir, is not life and property secure here? tf lt seems to me that it is the duty of Congress only to give to the city such liberal legislation as will enable the people to govern themselves. If they have become so sunk in corruption, so lost to all pride of character as American citizens, as not to be capable of self-government, let them move out into the country, where the people are capable of self-government. They are not bound to stay here. The prime object of this bill, and I mean no imputation upon any member of the committee or the House, is not to secure protection here. The prime object is to secure the expenditure of public money. Why tax the people of Texas or Maine to pay the police regulations of the City of Washington? Where is the justice of this? Why do this at the expense of the great principles of self-government, by virtually declaring that this people are no longer capable of self-government? They are perhaps willing to submit to the degregation in order to get" the money, but they cannot sell themselves to me in that way." 26

This bill was finally tabled on April by a vote of one hundred eleven to seventy-nine.

These remarks quoted above displayed two of Reagan’s most prominent characteristics; namely, his independence and his firm belief in the capacity of the average citizen for self-government; and his detestation of fawning sychopants who plead for favors and for political ”hand-outs”. Further, he was unalterably opposed to taxing the other parts of the country for the establishment of a useless police force at Washington. He opposed benefiting the few of political preferment and the emoluments of office.

The first session of the Thirty-fifth Congress adjourned June 14, 1858, when Reagan returned to his home at Palestine.

Reagan delivered a prepared address on August 16, 1858, at Palestine on the public questions and issues of the day. In this speech he made an attempt to defend slavery. He also reviewed the struggle in Congress over the admission of Kansas, and pointed out the probable result of the continued agitation between the sections of the country. He urged the South to provide for the evil day when, in his opinion, the Union would likely fall apart.

The question of slavery, he said, was like Aaron’s rod. It had swallowed up everything at .■ashington. He declared that the negro race had never made any progress; that servitude was its natural condition; and that the race was infinitely better off in bondage where it could be taught the Christian religion, and the useful arts than it would be in the wilds of Africa worshipping the objects of nature. There were occasional abuses of slaves by cruel masters, he admitted, but such was the case of all institutions. The marriage laws were frequently violated, but should this institution be abolished because of an occasional infraction? Heretofore, slavery had been assumed to be abstractly wrong, both in the north and in the South. The evil was tolerated because it could not be gotten rid of. How all legislation tended either to its restriction or to its abolition. If these ideas were true, it would be better to abolish it as soon as possible. If, on the other hand,they were untrue, it would be far better to expose the falsity of such erroneous ideas and put the legislation of the country on more defensible ground. That is, to declare that negro slavery is right because it benefits both white and black race s.

passing to the recent legislation with regard to Kansas, he stated that Kansas could never have been admitted under the LeCompton constitution because of the deflection of some of the Democratic members of the House. He said that the English Compromise was the best solution of the problem. This measure provided that the constitution be resubmitted to the people of

Kansas with the provision that if they rejected it, they would lose their lands, and be refused repressntation in Congress until the population numbered 93 ,£OO. This arrangement was unsatisfactory to him and other representatives from the Southern States. But he declared a half loaf of bread was far better than to have no bread at all. He had been repeatedly asked the question since he had returned home, why the Southern representatives did not withdraw when the original bill was defeated. There were too many frauds committed, he said, on both sides to go before the country on such an Issue. He believed, too, that any member who should have pursued such a course, before the country had been informed of the true nature of the case, would have been chastised for his folly. The Southern states, moreover, would have been divided, he believed, into warring camps over the issue.

On the question of the sectional strife between the North and the South, he displayed a most despondent attitude* He sa id:

ft I have often been asked, 0 said he , "since my return v home what I thought of the chances of the perpetration of the Union* yy answer is this: That unless the policy of the Abolitionists shall be changed, the Southern States cannot remain much longer in the Union without submitting to a degradation and dishonor inconsistent with the plainest principles of right, and destruction of self-respect and political equality* However, much we my be devoted to the Union; however, much we might deplore its dissolution we shall be blind to ourselves if we fail to see and comprehend the dangers which now menace the destruction of our government* I say this

not lightly, but sorrowfully, for most of you know how I love the American Union. I am proud of its achievements and its glories in the past. I am proud of its prosperity and its power and its greatness now. I look forward with unminglsd pleasure to the glorious destiny which must await it, if its career of glory and honor be not cut short by the madness and folly of abolitionism.”

He advised that the South should put herself in readiness for the coming of the evil day, when the Union should be dissolved. She should build up a commerce and shipping of her own; she should attempt to build up manufacturies of all kinds, to organize her militia; and lastly, to provide for the manufacture of her own ordinance and ammunition. He did not advise this procedure as a military preparation or defence, but as a state and a country the people should do this, looking to the maintenance of their best interests.

The Northern states, moreover, he declared, had superior advantages over the Southern states. They possessed a much larger population; they had unlimited resources; they maintained, in addition, a larger amount of shipping and a greater commerce* But withall the advantages at her hand, the North had, he said, no inclination to a spirit of nationality, of justice or of magnanimity. But, on the other hand, she maintained a decided hostility and antagonism towards the South.

He ma in ta in e d th at

" All we ask of the free states is that they let us alone in the enjoyment of our constitutional rights.

If they refuse to ao this we are unworthy of the blood of our sires and of the liberty we enjoy, if we uo not prepare to maintain and defend our rights, either in peace or in war."

What course should the South pursue? Many of the extreme Southern statesmen favored the establishment of a Southern confederacy together with Mexico and Central America. Then it could reopen the African slave trade, which many of the leaders

f ’ But the one which meets my approval/' he declared, n is to look to the Union as the sheet anchor of our hopes. And when everything shall be borne down before the power of fanaticism and force, we shall stand relieved in the sight of God and man of the responsibility of so great a misfortune to humanity as the dissolution of the Republic.’ 5 29

iteagan, as will be evident in this address, defended slavery on the grounds of its economical benefit to the ’white race, and social and moral value to the black race . One may inquire why he made this defense of slavery and at the same time disapproved of the slave trade? He even condemned filibustering expeditions, and declared emphatically that "Walker and his bunch ought to be hanged,” Filibustering and the slave trade were concomitant evils. He emphatically condemned both.

If slavery is a good thing, why not promote it? ’Why not reopen slave trade and its institutions in a broad sense? Reagan’s reason for this defence wrs easily seen. Helper had issued his "Impending Crisis”, in 1857. He condemned slavery as unprofitable economically,and socially bad. Helper attributed the backwardness of the South largely to slavery. Erom the date of this book, the Southern people were forced to defend slavery if they maintained it.

Reagan emphatically disapproved of reopening the African slave trade, for he said that it was violative of the constitution of the United States. He condemned filibustering as a concomitant of the slave trade. It was little short of actual outlawry and brigandage, he said, and as such it did violence to the moral laws of civilized nations.

The newspapers of the state made varied comments on Reagan’s speech and the views he expressed. The Standard approved what Reagan had said about filibustering: "The only way to be truly Southern is to be lawless. Reagan said that talker ought to be hanged. Entertaining this view in common with Judge Reagan and the conservative men generally, we think 50 that filibustered should be severely punished.” The South-

er n Intelligencer, rather endorsed Reagan’s views generally.

particularly his defense of slavery. But it found fault with his dispondent mood. It said:

" This is the right e round 9 And the Judge admitted that until the last few years, the Southern people themselves did not take so high a ground B ..#e do not, however, so much object to the Judge’s sentiments as to his illboding prophesy and despondency, which is natural enough in a young politician."

The Dallas Herald, on the other hand, editorially expressed itself in opposition to Beagan’s views on filibustering. It approved of talker’s filibustering expedition into Nicaragua by saying: "It would have added a fair productive country to our government, enlarged the cower and influence of the South, and extended the area of slavery."

The editor bf the paper, J. W. Latimer, was one of Reagan’s most intimate friends. #hen Reagan read the article in the Herald,which apparently sympathised with talker, he wrote Latimer a personal letter in which he took issue with him about his filibustering views. He said to him that any one sympathising with Walker or any other filibuster, dr countenancing in any manner his filibustering designs, would be adopting the dangerous policy that ’’might makes right”. Furthermore, in his opinion,this pr carried to its logical end, would lead an of the moral law upon vgiieh all civilized societies and go vernmen ts' are founded. And, according to this idea the American people were to be the sole judges of what is best for another people, without regard to moral law without ref- erence to the established opinions of civilised people*the world over, or to the judgment of the Omnipotent God. ’’Suppose I happen to be strong and powerful and wealthy,” he argued, ” and my neighbor weak, poor, and helpless, I should take pistol and take his property from him by force. It would benefit me, by adding to my wealth, but it would ruin him.”

deferring to the Nicaragua expedition, Meagan said:

” They had an organized government, not so good and stable as ours but it was theirs, by all law human and divine, were sovereigns there. But we have might; we go as itwless invaders. We conquer. .That then? Will you disfranchise them after robbing them of their government? This would be a crime on your soul that will never be on mine. No? then they are the people of the country and will control its government and laws: you can neither add it to the Union now, for they fear and hate us for filibustering, nor can you make it a slave state because they are prejudiced against the institution of slavery.. You must disfranchose them or you cannot possible take slavery there..

He then referred to the fact that he was being criticised for his attitude on the subject of filibustering* He said:

And do you know that I must be proscribed for having a mind which thinks and a heart which feels and a soul which bids me tell the truth and not to deceive my countrymen. And by the help of God I will do it though I go into retirement for the balance of my life for doing it.

I have fought before for truth and great principles when I stood almost alone and dared not hope for victory, but it came, and, oh! how sweet when well and bravely earned. In public as in private life I will maintain my convictions of right and let consequences take care of themselves. If your vigorous pen were only with me, truth and justice and great principles would triumph, but my right arm is gone and I must probably suffer defeat. But !_ am still an Arne r i can citizen 7

In the address and letter referred to above, there is a predominating note of pessimism, which appeared to spring from a brooding and a melancholy soul. He had seen the hostile attitude of the North for the South, and there was nothing, he thought, in the trend of the times, that indicated hopefulness for the Southern people. He understood, perhaps, better than anyone in Texas the conditions that would likely result from the sectional commotion. He was willing to speak out, like the watchman on the tower, warning his countrymen of the impending danger. In this letter to his intimate friend he laid bare his soul, declaring his adherence to the truth whatever might befall him. In concluding his letter.

he paid one of the most beautiful tributes to his friend in a few words: "My right arm is gone, and I must go down in hopeless defeat."

18 Congressional Globe, ? 5 Cong., 1 Sess., F 55.— Be a gan ,Ke molies, 67-38.

19 Abodes, James Ford, History of the United States, II 270-286.

19 Texas State Gazette, January 14, 1858.

.20 Cong. Globe, 5 5 Cong. 1 Sees. 1900. Hooten, Comprehensive History of Texas, 11, 50

21 0. M. Heberts to John H. Heagan, January 14, 1858 Roberts papers.

~’—O ~~—— ' ~ “ — Cong,. Globe, £5 Cong. 1 Sess. February 22 , 1858, p. 816.

Ibid. March 19, 1858, p. 1192.

14 Ibid., 1199 -12 02.

T 5 Ibid.. 120$.

"26~“ — Ibid. .

27 Ibid.

29 Texas Republican, August 28, 1858.

w The Standard, September 25, 1858.

SI The Southern Intelligencer, September 6, 1858*

Dallas Herald. September 50 9 1858.

John H. Heagan to J* W. Latimer, editor Dallas Herald, October 7 9 1858.--Beagan Papers.

The Reagan-Bryan Tilt in Congress

Guy M. Bryan represented the Western District of Texas in the Thirty-fifth Congress. During the second session of this Congress an apparently harmless disagreement arose between him and Reagan. This dispute resulted in quite a political commotion among their respective constituents and determined to a very large extent the future political course of Reagan. It was particularly significant in determining Reagan’s national views and policies.

This rift between these two representatives had its inception in the investigation of charges against Judge John F 4 C. Watrous, of the United States District Court of Texas.

depressntative Clark, of the Judiciary Committee, investigating the charges against Watrous, came before the House, May IF, and asked that the committee be discharged* He gave as his reason that the committee was hopelessly divided on the impeachment question against Matrons and were unable to make a report*

Upon this turn of affairs in the case, Meagan arose and called attention to the fact that the House was not the Jury in the matter. Consequently, he said it was not within the Jurisdiction of the House to pass upon the guilt or innocence of the accused. He said that, without any reflection upon the committee, the proceedings of the committee had been irregular. It had permitted the accused to file an answer to the charges, which could only be done when the case was properly taken to the Senate for trial. He further stated that Watrous had been present continuously in Washington during the sittings of the Committee, and that both he and his friends had been busy disseminating information calculated to influence both the committee and the House in his favor. He was opposed to dropping the case, he said, against Watrous, for his people had instructed him to use his influence to bring him to trial.

Bryan arose and observed that Watrous was one of his constituents, and that he desired to say something in the matter. Bryan then called for the previous question, cutting off further discussion of the subject.

A few days before the sine die adjournment of the House on June 10, the matter of impeachment came up before the House* On this occasion Reagan argued most strongly for an immediate settlement of the case. He assigned as his reasons for his persistence in an investigat ion Immediately the disturbed condition of the people's mind in his state, which made it imperative that the matter should be permanently settled. He stated that Watrous had failed to hold any session of court because of his presence here in Washington, lobbying. The people of Texas were demanding a court for the transaction of necessary business. He tried to impress upon the House the seriousness of the present situation. He urged, in the name of justice, that an immediate and a thorough investigation of the charges against him be had without delay*

Bryan again interposed his objection* This opposition precipitated a lively argument between their;* Bryan contended for a postponement, Reagan argued for an immediate settlement of the matter* Bryan's contention prevailed* The case was permitted to rest until the opening of the second session of the Thirty-fifth Congress in December, 1859 □

When the Congress assembled and organized, one of the first matters to which it gave its attention was the Watrous( case. December 9, arguments on the case were begun. The most serious charge against Judge ’Watrous, and the one most urgently pressed, was the one connecting him with his speculation in land titles which were either fraudulent or at least questionable. One of these involved the title of what is known as the-" Eleven-league grant”. There were three of these "eleven-league" grants made to certain Mexicans by the Mexican government a long time before Texas revolted. The grantees of these tracts of land vrere the Aguirre brothers and Tomas de la Vega. Watrous had obtained possession of the Aguirre grant through speculation. The title was thought to be questionable, the possession of it acquired through forgery. Bryan stated, during the discussion of the matter, that Stephen F. Austin had purchased these three "elevenleague” grants, and that later he had given Samuel M. Williams the power of attorney to dispose of them. And he further declared that he had in his possession a document bearing the signature of Austin, which eorroberated his statement. Based upon the above premise, he asserted Yatrousclaim to the land was valid and his title legal.

Un the following day, December 10, Beagan asked Bryan to present this paper to the House. It was a very valuable document, he said, and would assist in clearing up this matter of title. To this request Bryan replied: ”1 state that I have the paper, and it is not necessary to present it. At a proper time and a proper place, hows 5 ever, I will, if called upon, present it. H

The next day Heagan began his argument on the impeach’ ment of Watrous. he had reached this point dealing with the ”de la Vega” grant and also William* s power of attorney granted by Stephen F. Austin, he said:

K I am notified by my colleague that he, or someone else, has a statement over the signature of General Austin, which may be produced too late for examination, and which states that this power of attorney is genuine. On yesterday I asked to have it laid before the House for examination, as anything coming from his great name, and, especially, if vouched for by his kinsman, and the Representative of the very aggrieved and wronged people who now appeal to this House to put this judge on trial before the Senate, must have great weight. Is his great name to be vouched here to shield this man from the arm of justice? If so, let us see the paper.. I have no doubt my colleague stated fairly his understanding of this paper; but he will see the danger to the cause of justice of withholding that paper, if it is one which should be presented. 36

addressed the House on December 14, defending Watrous* He now produced the paper previously alluded to, and the one which Reagan had urgently insisted that the House should examine* How it was too late for it to be of any use* This new evidence was immediately called into question by Mr. Houston, chairnan of the Judiciary Committee. He declared that this paper was of great importance and should have been presented to the Committee for its consideration. Bryan replied, excusing his negligence by saying that at that time it was in the hands of someone writing a history of Texas. He further exculpated himself by declaring that the Committee had frequently turned ”a cold shoulder” to him whenever he approached it on the matter.

Beagan followed this speech with a concluding address and a most forcible argument in part:

” ..At the last hour , just as the debate is closing, my colleague comes forward and reads to you extracts from certain private papers purporting to have come from General What is the effect of those extracts?..a sensation is produceu upon the very eve of the trial, to defeat the course of justice, and turn this terrible judge upon the aggrieved people of Texas! I have stood all the time where I stand now, urging justice to the people of my state. [Then he proceeded with his argument in a circuitous manner; that the legal papers had not been properly executed, and that the title to the land now rests with the dteohen P. Austin’s heirs. j..Ey colleague will see that his efforts to crush down the case, great as it is, never touches the validity of the title. .1 have done ny duty in this cause , and I thank the House for its kindness for permitting me to do it." 37

Bryan took exception to the statement about his "crushing down the investigating". There followed then a heated sparring between the two Texas repressntat ives. Bryan then gave his real reason for not producing the document. He said it was mixed up with some private memoranda of Bte- Phen Austin which he did not care to exhibit before the House. He said: "But I will, however, willingly exhibit the papers to anyone who is disposed to look at them, as I have done to several people who have called upon me. I have nothing which I wish to conceal."

The case against Judge Watrous collapsed utterly for lack of evidence* May 14, the question of continuing the proceedings was argued, The vote was then taken on a motion to discontinue further consideration of the matter because of „ and "insufficient evidence . The vote stood one for dismissing the case and eighty-six against it. although Bryan h a d defended Watrous, and had obstructed the case as far as he could, he voted with Beagan in the negative, on the final vote. It would be hardly just to Bryan to accuse him of treachery to the people of Texas. Throughout the entire case, though, he v/as trying to play "petty politics". And to that extent his conduct was, to say the least, reprehensible.

What was the reaction of the people of Texas towards this bold al soarriage of justice? The Ballas Herald commented favorably on Reagan’s "crushing, crowning effort". It also quoted fr® a Hew York newspaper which said: "It has been many years since such a speech as Reagan’s has been heard in the House". The Herald then commented:

n But the House refused to impeach Judge Watrous..That a corrupt and venal judge goes unwhipt of justice, that an outraged people are unredressed of their wrongs, that the dearest rights of our people are still at the mercy of a man uoon whom the seal of infamy has been fixed, is attributable to the Hon. Guy H. Bryan, more than to any other man. We leave him to settle the account with his constituents.” 38

The Clarksville standard likewise expressed its disapproval of the break-down in the impeachment proceedings:

" Although the Souse has refused to impeach Judge .7a trous, our representative has ably done his part in endeavoring to obtain justice for the people of Texas by the trial of an attainted administrator of the law. Thank God: the gentleman does not exercise his functions over this region." 3 9

Bryants conduct toward Reagan ’was inspired by a desire to carry out a political plot, which had been forming in Texas for some time. He desired to destroy Reagan's influence. He wanted to discredit him before the people of Texas. And to thwart him in the Watrous proceedings was his means of furthering the designs of the small politicians of his

state. That he used very poor judgment in his method, was evident.

During the summer of 1858, Reagan made several speech-* es in his district. In these speeches he denounced filibustering, sectionalism, and disunionism. He declared them to be unpatriotic principles. He criticised William L. Yancey, of Alabama, for attempting to form the "Southern League”. He called it a man-made party, a political abomination. He declared sound Democratic principles to be the best and safest ship to weather the storm.

A secession and disunion movement was begun in Texas early in the year 1858® January 14, 0. M. Roberts wrote Reagan a letters He advised him of some clandestine meetings at the Governor’s Mansion, but assured him that he was ignorant of the particulars. He further informed him that the Democratic party was suffering from factional dissenticn. One of the factions, he said, was headed by Governor Hunnels. Hunnels was an extreme Southern Rights man. Reagan knew that the Runnels group did not approve of him, because he had denounced the Southern extremists too much for them to care for him. This view was borne out by an editorial of the Dallas Herald , which quoted the -.ust in Int elligenc er:

” Politicians anxious for new planks and new platforms may carp at this rising young man [Reagan]. But the people will acknowledge that he has done much to roll back the tide of sectional fanaticism; and whenever issues are fair- ly made, the disunionists will find themselves flat on their 40 backs*”

Bryan, the young "Hotspur" was the sniper for this disunionist faction. He carried his operations into the halls of Congress. He even did his best to destroy the prestige and influence of his colleague.

The House had the Appropriations Bill under consideration on February 18, 1859. dome of the Northern members wanted to withhold the necessary funds recommended by the Committee for the protection of the Texas frontier. Bryan was greatly exasperated at this neglect of his state. He delivered a hot speech:

K feel that we are neglected..allegiance and protection are reciprocal. are a free people, know our rights; and if necessary, we will assert them without the Union as we defend them within it. While we are of the Union, we will regard the Union; but never, if you continue to exclude us from all protection of the government, will we, or can we love it. ?f

Mr. Kilgore: "I would like to know from the gentleman where he will go when he leaves the Union."

Mr. Bryan: "Where we once stood —under the lone star; and when we go we will take the whole of the Gulf States, if not the whole Souths"

Mr. Kilgore: "Then you will of course return the C 10,000,000 we have given you.” 41

The Congressional Beeord on the following day gave Reagan as the one who had engaged in the colloquy with Kilgore. This was manifestly incorrect. The error was permitted, -however, to stand two or three days without a correction. Bryan then hud the record changed correctly.

Bryan called attention to the record as it first appeared on February 25. He asked Reagan directly whether the language as it first appeared in the record expressed his views. Reagan was considerably taken by surprise. He replied to Bryan’s question that the language was manifestly not his. He had not participated in the discussions that day. "Does my colleague/’ persisted Bryan with much warmth, ’’endorse these sentiments?”

Beagan could not understand what was in Bryan's mind. He replied to him that the record was undoubtedly incorrect. He had used no such language. Bryan then said: colleague evades saying he endorses that expression. If these were his sentiments, I was willing to let it go; as it has been before the House for two or three days, and not corrected. 42 These are ny sentiments, and I stand by them.”

Reagan arose, on February 28, and asked for the House to hear him while he made a personal explanation with regard to his colleague’s attack a few days previously. He said

he had been taken completely unawares by his colleague. Bryan had attested to catechize him on opinions which he himself had expressed. He said that he had not the remotest connection with these views and expressions. He further said that he had passed the matter by because he doubted the propriety of discussing private opinions in the House, But he thought now some explanation ought to be made. If he did not, it might result in an incorrect interpretation of his views, would falsify the truth, and might therefore do him manifest injury. A heated argument then followed between the two members. Reagan claimed the expressions were not his; Bryan

contenued that they were or else Heagan would have had the record corrected. Some one raised an objection at this point, stopping the argument.

The quarrel, however, was resumed later in the day. Heagan began by saying that the remarks of his colleague were intended to show that he himself was a good Southern man. They were evidently designed also to show that he was not. He said further that his colleague had made some remark which would have been better unsaid; namely, ’’about disregarding everything that might shield him from responsibility.”

Bryan replied to this. He assured his colleague that if he had been wronged, he needed not to have set the matter right by dragging the subject into a legislative body. And with great emphasis he declared; ”1 repeat it".

Heagan coolly replied to this taunt, saying

"Fy colleague also complains that I introduced this matter to the House. The House will bear me witness that 1 was dragged into it unnecessarily by him, and that it was beyond my control. He made the extraordinary request of me to give an opinion on a point of his oonversation.”

Bryan retorted that he did this to correct the cord .

Meagan was thoroughly aroused by this time . His fighting instinct was stirred and his blood was boilings Bryan

had failed him twice. He had learned that Bryan was the sniper for the Texas Democratic "extremists"♦ In his reply he threw down the gauge of battle to all his political opponents. His speech was one of the finest specimens of national feeling and patriotic sentiment ever delivered in Congress. It is a masterpiece of oratory. He said:

rf X have been, and, I trust, am as faithful an advocate of the doctrine of the rights of the South, and of a strict construction of the constitution, as any wan in the country; and whenever aggression from any source, or from any cause, shall be made on any of the states, to strike down the rights of the states, or to deprive the people of any of their liberties, I will unite with my people in any necessary movement to protect their rights from aggression. I have always professed to be a national man; and in the twelve speeches that I made

in my district last summer, and which were undoubtedly known to my colleague, I declared that I never advocated a sentiment in Texas which I would not advocate in every state, district, and township in the Union. I repudiate all sectional heresies. I repudiate everything that is not national; everything that looks to the violation of the moral law; that builds up political parties or sectional parties. And it was because I placed myself on the great principle of nationality, because I had defied faction and fanaticism in the South, as I defy faction and fanaticism in the uorth, against the aggressions and designs on the constitution and the Union, that, perhaps, an attempt is now made to arraign me before the Congress of the United States, and before the people of Texas, on the ground that I am a national man. Rhy, sir, I have gone through the trial. I defied the issue. I met those who met me upon it. I am going home on the same principles to appeal for the constitution and the Union; for the rights of the states and the equality of the people, for the doctrine of the Kentucky and Virginia Resolutions of 1798-99, and Madison 1 s Report on them; for all that is right and all that is just, against the demoralising doctrine of filibusterers, and against the dangerous heresies of reopening the slave trade. I never dodged

an issue; and if my whole heart could be exposed to the people of the Union, it would be seen that I never dodged an issue in my life. If I cannot remain in public life as a patriot, I am always prepared to’ go into private life as an honest man, entertaining no opinion that is not faithful to the Union, faithful to the rights of the South, faithful to the oath that I have taken to support the constitution, faithful to all my obligations as a citisen cf this country. I do net love public life; and I would scorn it whenever it is to be held by a sacrifice of that manly dignity which ought to envelop every American citizen. Let ray colleague make what he pleases of it. Let him appeal to that fanaticism there which I denounce with the same distinctness that I denounce the fanaticism of Abolitionism of the north. They are both heresies. They are alike dangerous to the constitution and the Union; alike dangerous to the mission of this great and glorious Republic; alike opposed to every noble aspiration of an American statesman and patriot. Let combinations be made to put me down. I defy them. Igo before an honest people, who can afford to let their representative be an honest man, and express patriotic sentiments. Let them put me down, if they dare. I defy them to the issue." 44

Mr. Bryan: ,f I aw glad my colleague has said that his constituents are fanatics. I wish that to be put upon the record. ?!

Beferring to this Heagan effort, the 3on I horn in t elli fencer sa id:

" Because of those sentiments Hr. Reagan has discovered the conspiracy which he might have foreseen, to sacrifice him. Hr. Bryan in his denunciation, no doubt, felt himself sustained by the organization and the "hotspurs” of Texas. He has magnified their numbers as

he has the defenders of judicial curruption. But possibly he has counted without reckoning with his hosts They love his sentiments, and secretly work to further them; but they will hesitate to make ’’him" their candidate. Bryan has been imprudent." 45

F 4 Judge John C. Watrous was appointed District Judge in 1846 by president Polk* Soon complaints began to be made of his judicial conduct* The Seventh Legislature, 1847-1848, made an investigation, adopting resolutions which charged him with unprofessional conduct, and declared him to be incompetent/ It requested him to resign. He refused to do so. The matter reached the Thirty-second Congress. An investigation was made of the charges against Watrous, and the case was dropped. The natter hung fire and nothing was done about the charges for several years. On February 18-8, Reagan presented to the House a memorial by William Alexander, Clerk of the District Court at Galveston. This memorial was referred to the Judiciary Committee. In the Senate, Sam Houston made a vigorous and bitter personal attack upon /atrous. This was an irregular procedure. The Senate, as a matter of fact,

sits as a trial jury in impeachment proceedings. If this attack by Houston on Vatrous had any effect, it was to create sympathy for him. The charges were dropped against him.

— ■ Cong. Globe, 3 5 Cong. 2 Bess. 27.

T'r’’ - Ibid. 35.

57 Ibid. 89

o Dallas Herald, January 12, 18?9»

2 9 The Clarksville Standard, January 8, 1859.

40 Dallas Herald, December 15, 1858.

41 Ibid* pt* 2, p. 1166.

42 Ibid. pt. 2, p. 1?68.

& Southern Intelligencer, March 2? , 18?9, quoting the yew Orleans from Its~ hashingt on correspondent: 'Me had quite an exciting scene in the House of Representatives this morning [February 28 j between Messrs. Reagan and Bryan of Texas. An issue had been lugged in a few days before by Mr. Bryan, which was responded to at the time by Judge Heagan, and all supposed the dispute at an end. Not so, however. Letters had been received from Western Texas, stating that a combination was being formed for the purpose of breaking down Reagan in the Eastern section. Reagan knew this and was ready for the issue.”

Cong* Globe, ?? Cong * 2 Sess * pt. 2 9 p. 1467*

Southern Intelligencer, March 25, 1859 o

CHAPTER IV DISSENSION AMONG TEXAS DEMOCRATS

The Campaign of 1859

An active Southern Hights sentiment had been growing in Texas fcr some time. Many of the Democratic party leaders were apprehensive that this movement might endanger the safety of the Democratic party. As an evidence of this movement Governor Hunnels in his inaugural address in December, 1859, stated that "prudence should dictate that our house should be set in order.” In a special message given to the legislature in January 1858 he dealt exclusively with the Kansas questions and with federal relations. He stated that if Congress refused to admit Kansas under the LeCompton constitution, in his opinion, it "was time for the Southern States to look to themselves for the means of maintaining their own security." He requested the permission of the legislature to grant him the power to name seven delegates to a proposed Southern Convention, and to appropriate 'lO,OOO for the purpose of defraying their expenses.

The action of the State democratic convention held in Austin in January, 1858, gave further evidence as to the direction in which the political winds were blowing. T. L. Chambers introduced a set of resolutions suggesting the withdrawal of Texas from the Union in case of adverse action of Congress on the Kansas issue. Wisdom and prudence prevailed. The resolution died on the table.

Roberts kept Reagan informed the course politics was taking® He told him that he believed Runnels was the leader of this extreme movement in the party® Reagan aide his campaign in the summer of 1858 to head off this Southern Rights movement in the party® In his speeches and letters he denounced filibustering and reopening of the slave trade. These doctrines were the principal ones of this section of the party. Bryan had tried to force Reagan to commit himself on sectionalism and disunion, in Congress. He did this to put Reagan in disfavor with this element,and to force an issue. Reagan accepted the challenge. Jhen he came home he found the stage set for a lively party fight®

George IK Paschal of Austin wrote, late in March 1859, to Reagan at Washington. He gave him a cue on the political situation. He informed him that he was in disfavor with an element of the Democratic party because of his Union sentimeets. furthermore, he told him that the Southern Rights advocates were plotting to defeat him for reelection. And in order to further their designs the, ir plan was to make the platform unacceptable to him by inserting a plank endorsing fill-

bustering and reopening of the slave trade. He assured him, however, that in his opinion this plan would fail. He specifically advised him not to submit his name if the Convention adopted such a platform. It would be better for him to make his campaign as an "independent" Democrat, and to make his 1 appeal directly to the people.

Beagan answered Paschal’s letter April 4. In his reply he assured him if the convention adopted the course indicated by him, and adopt a platform which he opposed, he would not permit his name to go before the convention under any circumstances. He would, instead, make the canvass against its nominee. He said.

" It would cease to be a Democratic convention, and would he converted into a sectional disunion convention, and I should have an opportunity to teach these gentlemen that they lack several thousand votes of having the Democratic party in leading strlngs..True principles must and will prevail. I must act with the party while there is a party. And I must act in the party. If the people do their duty all is safe, and if our friends will not unite with me in the party to keep it pure, I cannot go out of it with them to correct its short comings. This thing of going out of a party to correct its supposed errors has almost always been fatal to all who have tried it., “hhile I shall again offer my services to the people, I shall have no regrets, except perhaps a wounded pride, if beaten. I ought, indeed, to stay at home." 2

Meagan issued his famous circular to the Democracy of Texas April 12, 1859. It was a bugle blast by the herald that summoned the knights to combat. It was a forcible and a direct challenge to his enemies. In it he viciously attacked filibustering and the reopening of the African slave trade. He bitterly denounced those within the party who were making so much noise about "Southern Hights”. He exposed the heresies of these sectional and destructive doctrines. He said, in part:

” He have the freest, and happiest government on eartha government in «hich every avenue of fortune and fame is open to every citizen; a government in which every man can select his own vocation, where he is sure of an ample reward for his honest toil; a government ’where we enjoy every blessing, civil, social, political, and religious, which man can ever hope to enjoy; and at a less expense to the people, than that of any other government on earth; with a territory as large as that of Europe, embracing nearly the whole of the temperate sone, washed by two great oceans and watered by the finest navigable rivers and lakes in the world, furnishing in abundance the greatest staples of commerce. And surrounded as we are with all these blessings, we have a distempered set of newspapers and politicians who are always lamenting the wrongs and outrages we are suffering from our government, and trying to convince the people that they are much abused. These constant croakers of evil, these preachers of revolution, now think they have the Democracy of Texas in leading strings, and have set, covertly at first, ana now more boldly, to proscribe me, because I will not sympathise with their sectional, revolutionary, and wicked doctrines. * These doctrines of filibustering and reopening of the

African slave trade, are chosen as the best to secure the execution of their designs, because they appeal to the bad passions most easily awakened, and the most difficult to be reasoned with, those by which the people are encouraged to believe that they are to be suddenly enriched and without that patient toil which has hitherto

been regarded as necessary to secure wealth...l will resist sectionalism, and revolution and fraud and force and wrong alike faithfully whether they come from the north or the South.. rt I want no new issues. The old doctrines of the party rest upon wise policy and sound morals. They are national and just to all parts of the confederacy, and if maintained will preserve all our rights.. Upon these principles my name will be submitted to the Henderson convention. If the convention should renominate me, I will enueavor to show the same zeal and fidelity to the party, which I did two years ago.. And while I should regret, for ny country, to see doctrines like these overborne, I should not feel one single regret for myself at going out of public life. And I need hardly say I would not sacrifice my convictions, on great questions like these, for any office in the gift of man... I am of the Democratic party, and with it, I subscribe to both its doctrines and its usages. If I leave it I have nowhere else to go. I could not stand with its enemies, for I should be very sorry for anyone to support me under the supposition that I could abandon a faith so sacred to me as my love of country. If such a thing is possible as that party in Texas shall abandon its old faith, then I will hold on to its principles and refuse to go with those who leave them, but I could not join its enemies. I battle not for office or for spoils, but shall follow principles and truth wherever they shall lead me>> If the principles I have laid down here be your principles, then I am willing to be your representative. But if the principles I combat, be your principles, then I am not the proper man to carry them out.” &

This address of Reagan met with varied receptions from the state press. Some of them most heartily sustained his position, they congratulated him on his patriotic stand. On the other hand, there were some who were not favor- ably impressed with his circular. They were inclined to believe that Reagan wanted to divide and to impair the usefulhess of the Texas Democracy.

The Ballas Herald immediately defended Reagan. In an editorial it said:

” In Judge Reagan we find an able defender of those cherished principles of our creed, a constitutional and everliving statesman, who cares less for personal advancement than he does for the good of his country.. In him we have a type of the Old-School Democrat, patriotic and incorruptible. ..This difference of opinion in natters of policy will lead to dissension in our party ranks, but at whose door lies the blame? Certainly not at the man’s who abides by the law and clings to the constitution. But it will be placed by an indignant people to the account of those who hava raised false issues and false questions, who aim at personal distinction and to be leaders.” 4

Another prominent paper defended Reagan. This the Clarksville Standard. It said in its issue of April 16 that seven-eighths of the people of northern Texas endorsed Reagan. It added that "they will give a respectable vote when they come to the polls.”

But on the other hand, the Texas Republican of Marshall failed to find anything good in Reagan’s circular. In an editorial of April 22, it declared that Reagan had come home ”to throw in a firebrand to create dissension and division in the ranks of the party/ It said further that Reagan’s address

was "an ignoble attempt to distract and divide the Democratic party, and to place himself at the head of a faction. ”

The HeKinney Hessenger, quoted by the Austin Intelligeneer of April 1?, took a conservative position. It did not condemn circular, but said:

” It behooves those who love the Union and would rescue it from impending danger to forget for the time all minor differences and rally to its support..we this week propose for the consideration of the Union loving Americans, and Democrats, the following Union ticket and platform: for governor, Sam Houston; for Congress, John H* Reagan, subject to the consideration of the people at the ballot box in august next. Platform: The Constitution and the Union, and devotion to these united with integrity—the true test for office. 6 as for Judge Reagan we think it is his duty to run for reelection, and we should be very glad to see him reelected.”

Reagan in his says that a majority of the newspapers of the state were hostile toward him. Kost of the prominent wen of the state, he said, except George Smyth and R. B. Hubbard, were opposed to him. The newspapers, he said, became so personal and so vile in their denunciations that he was forced to burn them to keep his wife from seeing what they said about him. Finally their abuse became intolerable. He took the matter to his wife and asked what he should do. She advised him to enter the campaign, defeat his enemies, and k then resign. But his indignation was aroused. He was in a

fighting humor. He said: "at least I could fight my adversaries, and I thought I could do something toward impressing sound political morals on the public mind.

Shortly after this decision, he began to prepare for* vigorous campaign.

The Congressional convention for the First District .met at Henderson Hay 2. It organised by electing Captain John J. Good president and J. D. McCorvant secretary. Some of the delegates were decidedly hostile to Beagan. Chile the committee on credentials was deliberating, James Turner of Harrison county made a motion to invite Beagaa to address the convention. It was voted down. Other expressions of enmity were constantly cropping out. One in particular may be noted,-- Loughery, editor of the Texas Hepublican t who introduced a resolution declaring that it was unwise, on the eve of a party contest, for members to denounce one another for their views, but that it would be wise for all to work harmoniously together. He ’was not satisfied with this thrust: he tried another much more specific. It declared: "A member of Congress from this district can best show his devotion to the Union and to the South by discussing the great issues before the country instead of those which are irrelevant, and of standing up in Congress and demanding for us on all occasions the full measure of our rights."

These resolutions caused an angry debate for some little time. The Convention finally tabled them. Others were introduced dealing with slavery in the territories, and the non-interference by Congress with slavery. Someone timidly introduced a resolution which endorsed filibustering and the reopening of the African slave trade. This resolution was the spark that set the timber on fire. The resolution was likewise laid on the table. This method of Reagan’s forces to use "steam-roller" tactics to smooth the opposition raised the ire of some of the extreme Southern Rights men. Considerable disorder was produced in the convention by this wrangling. In order to quiet the disputants and to try restoring peace, someone moved that the convention should adopt the two-thirds rule and that "we proceed at once to the nomination of a candidate." The delegates from Cass, Harrison, Smith, Upshur, and Panola counties had become thoroughly angry at the treatment they had been getting at the hands of Reagan’s men. this motion was made and carried, they arose and left the hall in high dudgeon.

A number of candidates came before the convention* After a few ballots were cast their names were withdrawn* One reporter humorously said, "after paying the forfeit, leaving Beagan to walk around the track alone." In the balloting Meagan received one hundred ninety-four votes of the two

hundred forty-five votes in the convention. His nomination was then declared unanimous.

After his nomination Reagan was invited by a special committee to address the convention. He accepted, and addressed the convention for more than an hour "eliciting applause from friends and opponents alike," so it was reported.

The State Democratic convention met at Houston May 1. It also had an element in it very hostile to Reagan. George Chilton introduced a resolution purposing a definite commitment on the proposition of the African slave trade. It stated that "we recommend, to the Democracy a full and fair discussion of said question with a view of speedy action thereupon J’ Hiram talker of fort Bend county went one step further® He thought a definite slave trade plank should be inserted in the platform. "He must have more slaves," he declared emphatically, "whether constitutional or not, and this trade ought to be encouraged by all means in our power." Both resolutions perished. The Chilton resolution was rejected by a vote of two hundred twenty-eight to eighty-One. The Talker proposition did not even create a ripple. During the discussion of the Chilton motion the author took occasion to throw a shot at Reagan. The Eastern Texan quoted part of his speech in its issue of May If :

" Colonel Chilton said that while Judge Reagan was breathing the pure air of Texas and was fresh from the people.

he was sound and reliable; but now his breath had been poisoned by the corruption of the Capitol, and having spent another winter there he had come back with a greater love for the Union than for the people who sent him there."

The convention adopted a regular Democratic platform. It reaffirmed the Waco platform of 1857. It completed its work by renominating Runnels for Governor and Lubbock for Lieutenant-Governor.

The Democracy of Texas had placed itself in an anomalous position. It had ends an effort to accomplish the impossible. It had tried to yoke the lamb and the lion together. Runnels was a timid and indifferent speaker. He disliked political controversy. He was a strong Southern Rights man, and was unpopular with many of the people in the western part of the state because of his week frontier policy. Reagan was the opposite. He was a bold pugnacious leader, conservative, good on the stump, and an extremely dangerous competitant. Personally, he and Runnels were antipodal; politically they were incompatible elements. With these two men leading, pulling in opposite directions, the Democracy of Texas had very small chance for success. It was a house divided against itself. To cap the climax and add embarrassment to the party, Sam Houston came out for governox*, June 5. He proposed to make the canvass

as an ’’independenV’ Democrat and to use as his slcgan the nConstitution and the Union".

Houston had numerous and active enemies at Some began to talk of trying to organise an independent conservative party against him. George H. Paschal addressed a letter to Reagan, June 10, mildly broaching the subject to him as being a good man to lead this movement. He also pointed out to Reagan the peculiar position in which he was placed. He was trying, Paschal said, to maintain principles entirely out of harmony with the State Democracy as had been exoressed 6 in the Houston nominations•

Reagan replied to Paschal in most respectful terms. He told him firmly that he could nut abandon the Democratic party under no circumstances. He might, however, entertain some personal opinions different from those of the nominees, and even some not in the platform. He continued:

" I forewarned my friends long ago..of the importance of an early and bold stand so as to secure a convention which would fairly reflect the public sentiment of the state and to secure the nomination of Democrats of the national and conservative school* •! would rather quit political life than to make an apparent deflection in my record. And you will doubtless agree with me that I have now to undergo a pretty severe test of my faithfulness to this view.” 7

In the campaign which followed Meagan was opposed 8 by Judge William B. Ochiltree. He was a man of consider-.

able ability, a good lawyer, a forceful speaker, and very popular. His political career had not been above question. This to rise up and plague him. At one time or another Ochiltree had been affiliated with every prominent party in Texas. He had been a staunch Whig, and in 18% had been a candidate on the Whig ticket for governor against 3. M. Pease. Later he had hobnobbed with the Know-Nothing party and had even canvassed for it against the Democratic nominees. He then threw over the Know-Nothings, and came back to the Democrats. But he had a new brank upon him. He now called himself a "Union Democrat s ’. "And he has now adjured the faith,” said Lubbock, "and has gone back to his first love, whatever that was. But he was not an opponent to be dispised, as the canvass soon developed his capacities." 9

Reagan at the beginning of the canvass found himself in a rather delicate position. He had made speeches in the previous year defending slavery as being morally beneficial to the blacks and economically to the whites. He now opposed the reopening of the slave trade by which slaves could be got. He once denounced the Democrats: now he was giving his support to the Democratic nominees, who were Southern Rights advocates. They had views, he knew, at variance with his own.

Reagan and Ochiltree crossed swords at Crockett, June 1?. Ochiltree made a vigorous attack upon Reagan’s apparent infidelity to the South* Me pointed out obvious inconsistencies in Reagan’s recent circular* But he had a bad case* Ochiltree was forced "to use the most specious arguments which sophistry and ingenuity could invent. f Reagan replied to his adversary in no trenchant language. He said that he resisted any disunion movement by the South as detrimental to her best interests. He further maintained that the unity and harmony of the National Democracy the best means of preserving the rights of the South, of maintaining the constitution of the Union, the sovereignty of the states, and of securing the rights to the people. Since the facts ‘were indisputable, he declared, he had been charged through the press and by his opponent with inconsistency between his circular and his later speeches. But to advocate the reopening of the slave trade would be to

violate the constitution of the United States, and the laws cf civilized nations. Mow, he declared, if this country continued to exist and to prosper it must retain the constitution as "the sheet anchor of our hopes.”

” We hazard nothing,” said the Crockett Argus, as quoted by the Ballas Herald, June 22, 1859, in saying that Judge Reagan’s vindication of his own consistency was most triumphant and carried conviction to the minds of all except those who wilfully close their eyes upon the truth. ”

Before leaving Crockett, June 18, the two candidates entered into an agreement which altered the nature of the campaign, This was Ochiltree’s suggestion. The contestants agreed that instead of addressing the people directly, they would issue public letters and circulars. In these they would set forth their views upon the political issues. This conduct of the campaign would enable the farmers to have the candidates opinions, and at the same time the campaign would not interfere with their work by forcing them to attend speaking engagements. This understanding provided that all speaking engagements of both should be cancelled. And in the event one of them should make an appointment he was to notify his opponent so that he could be present, and reply if he wished to do so. Both were privileged to issue circulars and letters, but each must forward to the other a copy of such circular immediately upon issuing it. .and no circulars or public letters were to be issued after July 10, 1859. Further, it was agreed that should a third candidate cow out this agreement was to be void. Further, it was agreed that the one first learning of this new candidate should forward the in-10 formation lamedlately to his opponents

As per agreement both candidates issued circulars. This was only rethreshing the old straw. Unfortunately we do not know what Ochiltree’s circular contained. But Reagan re plied to it:

" I am for maintaining the constitution and the laws of the federal Government, and preserving the constitution inviolate as .he best means of preserving the rights of the South. My competitor is for a policy which looks to open violation of these laws. He appeals to sectional sentiments, instead of the constitution to preserve our rights, and goes for a sectional Southern party and for the overthrow of the Democratic party. In this I speak of the whole effect of our respective positions.” 11

Reagan replied to Ochiltree in a second circular* He vindicated himself of a charge of conjuring up the question of the slave trade. He declared that the Southern Commercial Congress had for the past three years annually discussed this subject and endeavored tc adopt resolutions favorable to it. Deßow’s Be view, he said, had also advocated it for the past eighteen months. Hany of the counties eteo, he said, had fully a month before the date of his circular adopted resolutions in favor of the slave trade. He said, speaking of some of the state newspapers: "They have gone so far as to deny that the subject had been discussed in the state before my circular was issued, assumption so impudent 12 and notoriously false, scarcely merits an answer."

The Civil lap and Gazette in its issue of July 26, quoting the Tyler deporter, which defended Reagan on the slave trade issue, said that the only charge that Reagan’s enemies could mke against him was that he was trying to save the Democracy from falling into the hands of a contemptible faction. This faction desired to incorporate those impracticable and mischievous issues in the Democratic platform. It declared that these newspapers had distorted Reagan’s views and misinterpreted and mi are presented his meaning just to gain some little publicity. The Civilian then concluded by saying: "Common justice has been continually outraged in this way during the canvass. Pop-gun politicians, desirous of rendering themselves conspicuous and believing that the world would not revolve on its axis, were they silent, are always found ready on all occasions to bounce up and thrust themselves upon the people, and having no notions of their own, attack Judge Reagan with a self-assurance and impudence equalled only by their ignorance.”

Ochiltree’s support began to melt away. He did not appear to have had very much from the start. He had been a political contortionist so long that he could not rally even ' i his former friends, neither the nor the Know-Nothings would have anything to do with him. He had abandoned both when they were in dire need to keep the party alive. Now when he cried ’’wolf”, they would not come to help him. B. H. Upperson wrote to J. U. Throckmorton as early as June 26. He stated that Heagan would get three-fourths of the votes, as he was immensely popular in the northern part of the district as well as on the frontier. But he said that although his support of Runnels would probably drive thousands from him, he could easily lose this number and still be elected. He declared that he had not found one man who would dare defend such a contemptible course as Ochiltree had pursued; that even the Whigs and preferred Reagan to him; and because of Ochiltree’s political wanderings he did not have a ghost IF of a chance.

Before the election Reagan’s success had been conceded. Many of the newspapers that had been attacking him fiercely began to have weak knees. The Texas Republican excused itself by saying that it ’’thought Reagan was giving his 14 support to Houston,”

Reagan received 25,977 votes to 5 ,446 for his opponent.

This was a magnificent vindication of Reagan and his principles® On the other hand it was a stinging rebuke to the extremists and to their sectional doctrines® The Dallas Herald commenting oh the result, said:

In view of the issues involved and the great ability and reputation of Judge Ochiltree, the result is perhaps without a parallel * .and shows the devotion of this district to the constitution and the well-settled, principles of the Democratic party, and their disapprobation of the wild and revolutionary doctrines of filibustering and the reopening of the slave trade and of a pure sectional policy, as opposed to the steady maintainance of the time-ho no red principles of Democracy." 15

The standard in its issue of August 20, rejoiced greatly over Reagan’s victory. On the other hand, it had no good word for his defamers and opponents* It sarcastically said: "Those pignmy personages at Henderson who tried to bury him [Reaganj under their mental molehills, fhat do they think of it now? These remarkable infinitesimal little men, who seemed to think they controlled at least half of Texas, and influenced the -whole civil iced world? Zhen will they hold another convention?”

Reagan had been triumphantly elected by a majority of 20,000. The Democratic nominees had been defeated ingloriousi < ly by Sam Houston, "independent” Democrat, by half that number of votes. In 1357 Houston had been defeated for governor by approximately the same majority. That did this indicate? Evidently it meant that about 20,000 voters were opposed to disunion. They were still disposed to support the constitution and the Union. It further showed,as Roberts said, that any well organised party could be defeated by a few leaders 16 trying to force doctrines as a test for party loyalty. The

result also showed, as Roberts pointed out, that Beaman unintentionally contributed to Houston’s election. This election proved factionalism and strife can destroy a party. It sounded the death knell of the Democratic party in the state. The Texas Repu bl ican of October 8, 1859, stated that the ”luke-warm support of the state ticket caused the defeat of the Democratic party in the late election.” This paper

had not been especially friendly toward Reagan during the campaign, but in this issue admitted that he was a "man of talent’ .

Before the smoke of battle had cleared away, some of the Whigs and Union conservatives began to plan the organisation of a new party on the ruins of the Democratic party. J. W. Throckmorton wrote to B. H. Bpperson shortly after the election. He suggested that the old-line Whigs, the Conservative Democrats, and the discontented Democrats get together and use Reagan as their candidate to build up a conservative party in Texas. He said: "This can be done by showing him his true position and the estimation in which he is held by the Runnels faction. They curse him in their heart of hearts. Necessarily he must fall with us. .But his circular was a great and bol< measure. It has been the cause truly of Runnels defeat, and they are right when they attribute it to him, and 17 my prayers and labors will be to widen the breach..”

The next day Throckmorton wrote to Heagan. He stated that the Texas Democracy regarded him as its leader, and if he used due caution* he could profit by his position* He advised him to speak on all occasions freely about conservatism and his anti-slave doctrines so that the conservative people 18 of Texas might be able to look to him for leadership. Throck-

morton wrote another letter September 9 with more elaboration of the subject. It was both interesting for its wholesome advice and for its demonstration of a penetrating mind of an astute politician. He said;

” If the proper spirit is pursued by these men [secessionists, slave traders, etc], it would be well to heal the differences that have arisen during the late canvass, which have been brewing since the Democratic convention of f s6*.hut I wish to impress upon you that your position is a delicate one and not entirely free from danger, and it depends upon the course which you pursue whether or not you can sustain your position..! merely allude to these things to show you that from the African slave trade wen, filibusterers, secessionists, etc., and the friends of Governor Hunnels you have nothing to expect. A temporising course with them on your part will injure you with the strong conservative element, and will not do you any good with these men because they have determined to hunt you down. Therefore, my advice is to remain firm, and instead of receiving advice from them dictate to them yourself. Show them that you do not regard their threats or machinations.. Should your name be before the legislature [for United States Senatorj I think your strength will be greater than that of any other individual, but not enough to elect on the first ballot.. rf lS

There was a general feeling of discontent among the Democrats after their defeat at the polls. I'any of them considered it a wise policy to attempt a reorganization of the party* A. H. Latimer of Clarksville Texas vrote Reagan immediately after the election saying that he would be glad to see all the conservatives of Texas united for the purpose of ousting the 15 fire -eating slave trade men” from the control of the party polities. He was of the opinion, he said, in case a reorganization of the party should become necessary, Reagan could do more toward this reorganisation than any man in the state, provided he would undertake the job. ’’The Democratic party must reorganize or disband,” he emphatically declared, ”and the ’fire-eating disorganizers’ cut off, and men of brains put 20 forward, or we will go down as a party. '

Reagan replied to this letter August 26« He stated that the aefeat of the party, wherein it had been defeated, was because the people thought that party councils and policies had come under the control of sectional care. The people regarded these men as very little for the people, but only for their personal interests. He said that he thought a reorganisation ill-advised, for a number of reasons. In the first place, he said that to do this it would be necessary for them to abandon the name, platform, and usages of the Democratic party.

In the second place, he thought, even if they should do this » the new party would be composed of elements that had formerly opposed the Democratic party and had denounced its print ciples* Hence, because of this fact, he believed that the new party "would lack the elements of durability, of usefulness, and of success," He doubted whether the large mass of Democrats would agree to abandon the old organization for some new political association; and, lastly, he said further:

” The whole nation has become disgusted at the formation of new political parties with which to defeat the Democratic party, whatever the patriotism and however fine the objects of those vmo would undertake such a movement it would be regarded by the assas as another opposition move ment..And it be 'Joined by the opposition men and shunned by the Democrats for the same reason..My own political views are public and I shall pursue them. And I would rather act with a faithful and true Democratic minority than with a majority of all classes of political opinions.”

The Houston* or ’’lndependent’ 1 Democrats decided to stage a general political "pow-wow”, or ’’love-feast” at a barbacue* September IF® The real purpose* however , was to rejoice over the recent success of the "Independent" Democrats* and to sympathize with the mourners over the remains of the defunct Democracy. The "inde pendent" leaders were Invited. Among them were Houston, 3d. Clark, Lieutenant-Governor elect, ex-Governor 1. IL Pease, George L Pashal, Colonel Henderson, A. T. Halney and many others. The committee sent an invitation to Keagan. They requested his attendance and

asked that he make an address at the meeting.

It will be remembered that Meagan had been the only regular Democratic nominee supporting the regular Democrat to be elected. He and Houston occupied almost identical positions with reference to the two wings of the party. In the canvass, both candidates had championed the Constitution and the Union. It was a reasonable assumption that to bring both elements together a regeneration of the party could be effected. Many of the newspapers during the canvass had mentioned both Meagan’s and Houston’s name as the Democratic leaders and referred to Weir espousal of identical political views.

Meagan replied to their invitation September 5. He declined in a most polite but positive manner by saying:

" My position is what it has been all the time, that of a good Democrat, standing squarely, and in good faith, on the principles of the party, as set forth in the National Democratic convention, at Cincinnati, and in the state convent ion,at Houston. In the late election as the nominee of the Democratic party for Congress in this district, I maintained the principles of the party throughout the contest, and felt it my duty to vote for Hunnels, Lubbock, and White, were the nominees of the State Democratic Convention. Having voted for then, it could not be expected that I should unite in celebrating the victory of the successful rivals of such of them as have been defeated; and, hence, with all the respect for the gentlemen who haw honored me with an invitation to this barbacue, as also the principal guest of the occasion, I cannot participate in the celebration at Montgomery... I know of no real obstacle now to the union of all true Democrats on our platform, burying and forgetting former disagreements and dissensions, regaining public confidence by adhering in good faith to the principles of the party,

and by respecting and obeying public opinion in the selection of all candidates for office and banishing everything like mere intriguing and mismanagement from the pale of the party. 1 ' 21

The press commented on this letter variously. Some of them are worth quoting to show the state of public opinion. Dallas Herald, October 5, 1859, quoting the Texas State Gazette, which said;

n The letter of Judge Reagan’s acts like an emetic on the opposition. They are Ke stands no® toward Houston where he has ever stood, Reagan always regarded Houston as an unreliable politician, and never failed to say so, when asked his position. 71 '

The Texas Mate Gazette, quoting the Cherokee inquirer, which remarked:

” Judge Reagan is a national Democrat, supported the principles and platform of that party at the last election, voted for the nominees as the only true Democracy of Texas, and cannot stain that Democracy by.assisting at a celebration of the victory of its rivals..” 22

The Crockett Argus said that Heagan’s letter would prove a veritable bomb-shell in the ranks of the opposition. They

were, it said, trying to purloin the garments of true Democracy to make a decent appearance • It continued to say: Heagan is too cons istent .and firm a Democrat to attach himself to a body of men with no well developed or settled principles, to be thrown about by every puff of the public 2g breath.’’

The Colorado Citizen was of a contrary opinion• It saw nothing good in Heagaa’s conduct; it engaged in a tirade of mock-heroic that is interesting reading. It said of Keagan:

” ae fear his late brilliant victory has turned his head, springing up like a mushroom, and being suddenly elevated to great honors, by the people, he has grown dizzy and drunken in his heights and reels to and fro, sailing and oourtesying toward all parties and standing firmly with none, believing strongly in nobody but Fr. Heagan, and grasping at an imaginary platform, the substance of which has been washed away by the late tide of events, and which is of no great use to us anyway, bo long &3 we have the constitution and the Union.” 24

Heagau was fear leas and conscientious in stating his views that resulted in his late victory. Ho now occupied a position as leader of his party in the state. He had gloriously upheld the faith of the "fathers". He had denounced bitterly preachers of false doctrines and disturbers of the peace and happiness of the Democratic family. In his conduct he had irritated men of adverse political views in his party to such an extent that they had no use for him. At first the Houston, or ’’lndependent” Democrats were attracted to him becajwe he and Houston were both "Constitutional Democrats”. i - But by refusing to attend their celebration he had grossly offended them. He now had alienated this faction of the party. He appeared to be a man without a party.

hhil e many of the Democrats refused to affiliate with Heagan, there were others not of his political faith who were willing to trust him. They were the shigs and Know-Hothings. They had been sitting along the side-lines watching the political game. They had confidence in his integrity; they were willing to give him the United States Senatorship.

Throckmorton had mentioned the senatorship to Heagan as a bait and a prise almost within his reach. He told Baa*- gan he could secure it by proper machination. He wrote to B. H. Hpperson, September If, calling attention to Heagan’s many good points. He emphasised his integrity and his conservatism. He urged Bpperson, a member of the legislature, to support Heagan at the forthcoming election for the United States Senate.

Houston had expressed a desire in the early summer to see Heagan succeed him. He said that Beagan possessed all the "elements of greatness: genius, integrity, and in-25 dustry".

A recommendation, signed by a number of citizens from l Dallas county, was sent to the Dallas Herald, September 7, which stated: "In Judge Reagan, we have always found a faithful and fearless champion of Democracy; a man of the people and one feels and acts for their benefit and their interests. n

Another note of similar nature from Allis county, dated September IC, declared: n John H. Heagan as cur first choice for the United States Senate. We think the frank, bold, manly, and independent manner in which he declared his views upon the great questions of the day, is a specimen of political honesty that is rare in these days of wireworking and political jug-26. gling which prevails.**

William M. Alexander of Austin addressed two letters to Heagan, dated September 5 and 15, concerning the senatorship. we uo not know, unfortunately, what these communications contained, but judging from Reagan’s reply to them they referred, to political jobbery of some kind.

Reagan replied to Alexander in a most dignified manner. He stated that if the legislature chose him it must be on his own individual merits. He assured Alexander that he would never consent to an election based upon political trickery, nor one which would put him under any obligation to an individual or aclass for any purpose whatsoever. He continued:

” I know ray want of ability and how far I my fall below the really great in intellect, but yet for the honor of the position, if not for my own honor, I could play second fiddle to none... f I judge from your letters and from what I have lately seen in the ” intelligencer n that the expression of these views will array the friends of General Houston against me. If so I shall regret it as to yourself and mny others of them. But I never have nor never will sacrifice my convictions of duty, my sincerity of purpose, or my own self-respect for popular favor. It is not a light thing for a comparatively young man to surrender the prospect of promotion to the highest position in the gift of the state, but if it must be done I will do it freely rather than give up that manly ind ividuality which should characterise every man who may enter the public service. 5 ’ 27

The Reagan boom soon vanishes like a dream. This was due perhaps to the combination of the States Rights and Houston Democrats who opposed it. His name was not even presented to

the legislature. Instead, L. /vigfall got the prize. He was a violent Southern Rights advocate. During the recent campaign he had sat as -ahaz sulking in his tent. He did not make an effort to save his party from defeat.

Reagan kept a clear head through the jarring and clamor* ing of discordant factions. He viewed the situation sagaciously and conservatively. He demonstrated thereby the qualities of leadership amid the wreck of the party. Such qualities are quite rare among leaders who are able to survive a campaign of such importance and magnitude as that of 1859.

1 “ George H. Paschall to John Reagan, Farch 28, 1859.«— Reagan Papers.

2 John H. Reagan to George H. Paschal, April 4, 1859.— Reagan Papers.

John H. Reagan to We voters of the First Congressional District, April 12, 1859. —Reagan Daper s.

— - - . . — . . Dallas Herald,, april 27, 1859»

-IT- — —— Heagan 9 Memoirs, 72•

6 George H. Paschal to John Reagan, June 10, 1859. — Reagan Papera.

1 John H. Reagan to George H. Paschal, June 26, 1859.— Re a gan Papers.

8 flood, Reminiscences of Texans, 47. flood describes Ochiltree as being H heavy set in person, his yellow locks, his large head, short neck, bold, intellectual and defiant forehead reminding the writer of what in his imagination he had pictured for the fron of Jove, the mythological thunderer. Ochiltree was a man among men, and would attract attention in any crowd as far above and beyond any ordinary mortal.” Ochiltree had a lock of hair that persisted in hanging down over his forehead, on account of which his friends called him "Buffalo Head", from the resemblance to the busy head of that animal.

9 Lubbock, Memoirs, 246*

10 The Standard, July 2, 1869, quoting the Crockett Argus,

11 Dallas Hera Id, July 20, 18?9.

12 Civilian and Gazette, July 21, 18F9.

IF B. H. Epperson to J. /. Throckmorton, June 26, 18F9.— Epperson Pa pe rs» University of Texas, Archives.

14 Texas Hepubllean, June 26, 1859.

15 Dallas Herald, ..ugust Fl, 1859.

n Wooten, Comprehensive History of Texas, 11, 57.

17 J, W. Throckmorton to B. H. Bpperson, August 18, 18? S. --Bpperson Bape rs.

18 J. Throckmorton to John B. Reagan, lugust 19, 1859. --Reagan Papers.

19 Ibid.. September 9, 1859.—Reagan Papers.

20 A. H a Latimer to John H. Reagan, August 15, 1859.— Reagan Hapg rs.

John H. Reagan at A. T. Rainey, M. T. Dale, and Benjamin parker, September 6, 1859, in Texas Republican, Septe mb er 17, 1859.

22 Texas State Gazette, September 24, 1869.

2?' Dallas Herald, September 21, 1859, quoting the Crockett Argus a

24 Ibid•, October 12, 1859, quoting the Colorado Citizen.

Dallas Herald, June 26, 1859.

Ibid., September £l, 1859.

— *————— John H. Reagan to william L\ Alexander, October ?, 1859»--Reagan Pa pers #

CHAPTER V THE APPROACHING CONFLICT

Sectional Disputes

The Thirty-sixth Congress assembled December 5, 1859. The two sections of the country, represented by the two- major parties were so hostile toward each other and so irreconcilable that the organization of the House was deferred for nearly two months. Various forces had been at work producing this antagonism. John Brown had been executed for his participation in the raid on Harper’s and this incident was fresh in the minds of the people. Helper’s Impending Crisis, moreover, was exciting the hostility and resentment of the South, because the Republicans were making use of it as election propaganda. These two facts served to inflame the passions and prejudices of the two sections as nothing had ever done. But this continuous debating and arguing was only threshing old straw, namely, slavery and abolition, nevertheless, it produced a dangerous state of mind that augured no good for the future of the country. ?or during two months in which the House attempted to organize were aroused the passions that led to the later war between the sections. This period was the real critical stage of American history.

The House was composed of one hundred and nine Republicans, eighty-eight Administration Democrats, thirteen anti- LeCompton Democrats, and twenty-seven Americans. All but four of the Americans were from the South. "No one party having 1 a majority," remarked Rhodes,” a contest was inevitable.”

The balloting soon began. On the first ballot, John Sherman of Ohio received, sixty-six, G. A. Grow of Pennsylvania, forty-three, Thomas Bocock of Virginia, eighty-six, with some scattering votes. Since it was apparent that the Republicans were wasting their strength Grow withdrew his name. This was evidently a political coup de ma in by the Republicans to insure the election of Sherman. The Democrats perceiving this Republican maneuver attempted to parry the stroke. Accordingly Clark of Missouri, on the second day introduced a series of resolutions declaring that anyone :? who had endorsed and recommended it [Helper’s Impenuing Crisis], or the compend from it, 2 is not fit to be Speaker of this House." It was a well-

known fact that Sherren with sixty-seven other members of Congress had sometime previously endorsed and even re cowended

* Helper’s book.

The following day a vote was taken to table Clark’s resolution. It resulted in a tie vote of one hundred and sixteen. Since there was no Speaker to maintain order this motion produced a lot of angry debating and wrangling. Moreover on the third day the vote stood as follows: Sherman, one hundred seven, Bocock, eighty-eight, and Gilmer, twenty-two. The last named was an American from the South. Sherman lacked only nine votes of be ing chosen, for one hundred sixteen votes were necessary to elect.

After about a week of ineffectual voting Bocock withdrew his name. At different times during the contest the Republicans suggested the adoption of a plurality rule as a means of breaking the deadlock. There immediately appeared the danger of a Democratic filibuster. They abandoned the plan as unwise from the standpoint of party strategy.

Reagan, in his Memoirs, wrote of this struggle and said:

" On Saturday evening [January IOJ a committee composed of Democratic members, with Hon. John A. Gilmer, of North Carolina, as their spokesman, called on me at my hotel, at which it was determined, if I would consent, to put me in nomination, on the coming Monday morning. I stated to them that if I were nominated and elected on party lines I would be a minority Speaker and would likely be overruled at any time; and for these reasons I should have to decline." 4

Reagan continued his narrative of the tactics of the Democrats, He said that on Monday morning Horace Clark of Dew York came to him before the House was called to order and proposed a bargain. Clark said that if Reagan would agree to constitute the Committee on Territories with a majority of Douglass Democrats, making him Chairman of the Committee on Commerce, he could be elected Speaker by a majority of eight votes on the first ballot. Reagan replied to this proposal that he did not agree with Douglas on the question of slavery in the territories and that he could not afford to compromise himself in this manner.

While you knew my feelings of friendship,” he said,"to Clark, and if by any chance I had been elected Speaker, there was no one whom I would have been more likely to appoint to the position you mention than yourself; now, however, after this conversation, if I should be elected Speaker, I could not make the appointment.” 5

Reagan stated further that even after he had taken his seat on the floor, James J. Pugh of Alabama and Lawrence r. Keitt of South Carolina came to him strongly urging him to accept Clark’s offer® They gave as their reason that if he would agree to it the Democrats would have control of all the committees but one. Reagan replied:

” I suggested that if the knowledge of such a proposition should go to the country it would be condemned by the Democracy. With the votes of the Breckinridge Democrats, aided by the members of the American party, represented by Gilmer, and of the Douglas Democrats, represented by Clark, I suppose my election v/ould have been certain. n 6

The Speaker contest continued until February 1, when William Pennington of lew Jersey was elected on the forty-fourth ballot. He received one hundred seventeen votes, a majority 7 of those east. Smith of Dorth Carolina, receiving the support

of the Democrats, got one hundred thirteen votes. Thus the contest ended. It brought to a close one of the most prolonged and most bitter and. stubborn contests ever waged over the election of a Speaker in the House of Representatives.

During the contest while the Clark’s resolutions were under consideration, Reagan delivered, on January 4, 1860, a forcible speech on the subject of slavery and the constitution. He called attention to the tenacity which the Re publicans used in support of their candidate, when they knew him to be objection able to the Democrats. The Democrat opposition was based almost exclusively on his endorsement of the Helper book. This book, he said, was designed solely by the Republicans to arouse i and inflame the prejudices of the people of the Morth against the South. He declared that the tendency of Republican doctrines was to "foster a sectional jealousy, a sectional prejudice, and a sectional action.” It was not the book, he declared, that would hurt the South. It was the significant fact that it went among people ignorant of the true conditions in the South and carried with it the endorsement of sixty-odd of the leading Republican members of Congress. The real danger, he declared, lay in the fact that it was the fixed policy of the party to which these men belonged to disregard the constitution, to abandon the equality of the states, and to trample upon the rights of the people. ’’Would it not be better and more humane,” he inquired, "Instead of purchasing Sharp’s rifles and pikes to inv.de the South, to infringe upon the sovereignty of the state, and to disturb the peace and happiness of of the people, to send someone to the South to learn of the true condition existing there?” John Brown’s ruia failed to arouse the negroes. They were for the most part happy and contented. The significance of this treacherous act was that the North joy 4 These incidents set in motion forces that might become dangerous to the safety of the South and to the stability and permanence of her institutions.

Turning to- the Republicans, he declared a great many of the Northern State legislatures had passed Personal Liberty laws i negativing the .Fugitive Slave Law. These laws were designed, he declared, to nullify an enactment passed by Congress. This was in fact violating the Constitution of the United States. Members of those various legislatures, he said, had taken oaths to support this constitution, as well as that of their own states. When they voted to negative an act of Congress, acting under the authority of the constitution, they stood guilty of official perjury. It was under the direction of the Republican party that most of these states had carried into execution these bold and defiant acts. All of these gave further evidence of the oanger that lurked under the nefarious umbrage of this party.

Then he entered into a discussion of the possible result of this ill-advised course and misguided policy of the Republican party in disregarding the rights of the Southern people. He said:

" The time has arrived in this country when there is serious apprehension upon the part of fifteen states of this Union that they are no longer to be regarded as equals. They think the evidences have accumulated to such an extent, that it is almost fruitless longer to hope for political equality in the Union. lam not one of those who habitually seize on every occasion to declare my distrust of the Union, to say I am dissatisfied with the Union, or that I desire to see it dissolved..l am ready, if I understand my own heart, to make, individually, any earthly sacrifice that would tend to preserve the constitution and the Union; that would tend to preserve the rights of the people; the fraternity and harmony of feeling of the people. I have been willing to go out of public life on that test.. * The people of the South understand their resources and their power. It is a question of right and we look at it in that light. The people of the South know their rights and expect to maintain them. But now the time has come when the gentlemen may rest assured that no other concessions will be made that affect the rights of the people of the South. They will now stand upon their rights..lf this perpetual clamor on a single subject is to be kept up, to arrest our practical legislation, to vitiate our friendly associations, to mar all concord and peace among the people of the Union, the Union, under such circumstances, is not desirable. While I will do all in my power to maintain the Union, it must be a Union under the constitution, and in conformity with the spirit of the c onstitution.

He then offered his suggestions for the organisation of the House on a fairer and more equitable basis. He proposed that a committee chosen by each party should meet to select someone for Speaker, irrespective of party affiliations, upon whom all could unite on a broad national basis. If this could, however, not be done, the Democrats should form a coalition with the Americans and other conservatives with the positive understanding that this agreement was to last only until an organization of the House could be effected. ’’This will have some

tendency," he said, "to restore the country, distracted as it 8 is at present, to peace and repose. 5 '

After the House had been organised, Reagan found to his surprise and chagrin that he had been placed on the Committee on Revolutionary Pensions and Hamilton, his colleague, on the Committee on Private Land Claims. February 9, Reagan protested against this action. He stated to the House that his state had more serious troubles by the Indians probably than any other state in the Union. Consequently, he believed that he could have been of much more service on the Committee on Indian Affairs, or even on the Committee on Military Affairs. Because of the fact that his state had more than a thousand miles of coast line that had been sadly neglected, he could not understand why either his colleague or himself could not have been placed on the Committee on Commerce. Furthermore, his state had such an extensive territory that mast have postal facilities, he wondered why one of them could not have been placed on the Committee on Postal Affairs. Speaking boldly, he sa id:

But instead of being placed upon one of these committees, I find myself placed upon the Committee on Revolutionary Pensions, having charge of a subject in which my state has less interest than any other state, except as new as she is. There is probably not a Revolutionary pensioner in Texas. I represent, in part, sir, a state having six hundred thousand souls, having at stake interests of the utmost importance, while I have been placed upon a committee perfectly useless to my state, and while my colleague has been placed upon the Committee on Private Land Claims, in the face of the fact that they have a totally different land system in Texas from that which prevails in the other states, and has no connection with the land system of the United States; and hence his services will be utterly useless, so far as our constituents are concerned. It seems to me that there has been an utter disregard of the great interests of the State I have the honor in part to represent, In the constitution of the committees of the Hou we, by not placing either my colleague or myself upon some of those committees which I have named.” 9

Following Reagan, Hamilton asked that he be excused from serving on the Committee on Public Lands. He assigned as his

reason that Texas had her own peculiar system and his services upon this committee, he believed, would be of no value peactically.

It was not evident why the Texans should receive this treatment. It is true Reagan had been bold and outspoken to < criticise the Republican party. Speaker Pennington, as everybody knew, was a man of mediocre ability. The neglect might have been due to mere stupidity. But at any rate it did not conform to Reagan’s idea of propriety and of fair treatment to his state. He was indeed frank enough to tell them what he thong ht.

The House resolved itself, on February 29, into the Committee of the whole to consider the president’s annual message. The members are allowed on such occasions a wide range of discussion, Reagan availed himself of this opportunity. He made a long speech on the issues of the time. He confined his remarks chiefly to a discussion of slavery. Re predicated the probable results of its continued agitation between the orth and the Souths

In his discussion of the subject he endeavored to dispell the mist that so befogged the issue* He declared that Congress had no right to interfere with or to legislate on the subject of slavery. He -declared that the constitution had given Congress no right nor had it bestowed any authority to

the territorial legislature to abolish or even to restrict slavery in the territories® He believed, however, that slavery could be abolished by a Ctate through the people by the proper exercise of their right of sovereignty without violating the Constitution or the Iwa. The acts of the people in their sovereign capacity extended beyond the power of the Constitution, the laws, and the State which they had formed. The power of the creator, he declared, was greater than the powers of the object created. dcvereignty was'an inherent go per of the people and accordingly they could act right or wrong, as they pleased. They had a right to inaugurate a just, benign, and liberal government or contrarily they could institute a despotism, destroying the rights of property as they existed. But such an act, however, wuld naturally violate the constitution and the laws that had been provided for an orderly and regulated system of government. But even granting such a contingency, there was no tribunal of appeal for a majority of the people had exercised their inherent power of sovereignty. The oppressed minority must submit to the rule of the majority because of the lack of numbers and their inability to vindicate their rights.

He then defended slavery. He id that four Ml lions of slaves of the Couth were better off than their kinsmen running around in the wilds of Africa in a state of savagery. Their bondage, he declared, was merely a training school where they were being taught the civilization of the white race. If liberated, he declared, incapable as they were to provide for themselves, they would sink down into improvidence and viciousness and would disappear ultimately as a race from the earth®

What would be the results of this continue 1 agitation by the abolitionists upon the fixture of the country, he ini quired? What would it ultinnately censeguir? He replied in a magnificent oratorical effort:

rt Let the blighted hopes of mankind in the despotisms of the Old World, now looking to our republic and longing to be free, answer. Let the expiring liberty of the millions of free, prosperous and happy people of our own country, answer. Let the future suspension of business, the political commotion, the neglect of agriculture, the grass growing in the school and church yards, the shutting up of our manufacturing establishments, the destruction of our commerce, the marshalling of armies, the bloody battle fields of brother against brother, the grief-stricken widows and orphans without hope of such as fall in these battles, let them answer. Let the glee of bloating royalty and hereditary nobility, over the fall of republican equality and -imerican liberty, answer. Let the war of political leaders and military chieftains, such as it now going on in Mexico, with no security of life or property, answer. And then let the dark, unveiled, bitter future bring up its tales of tyranny, oppressions, griefs, ignorance and woes, make its answer. Sir, may God in His mercy open the eyes of the people of this country to what the demagogue politicians are uoing, and give them the wisdom to confound and the virtue to scorn them/’ 10.

Sever before perhaps in the history of our country was anyone endowed with the prophetic power to draw aside the veil of the future and to penetrate its unfathomable recesses with such statesman-like vision. Within the span of a decade our country was to experience the woes and calamities which he had enumerated. It seldom happens to one to be endowed with the Inspired power to forecast the future with such clearness and perspicacity.

Also during this session of Congress the matter of conducting a Pacific Railroad came up. This problem, according to Reagan, was more important and more seriously discussed than 11 ariy other aside from that of slavery and abolition. The pro-

ject of the construct ion of a Pacific railroad had its inception in the House of Representatives in a resolution introduced March S, 1860, by John Sherman of Ohio. This bill provided that a committee of fifteen members should be appointed by the Speaker to take the matter under advisement and to make a report as soon as practicable to the House. This committee was appointed Karch 9. The chairman of this committee, Curtis of lowa, reported a bill to the House, May 24, and requested its favorable consideration. The bill provided among other things that a number of prominent individuals should undertake an organization of the Pacific Hailroad Company and a promotion of the construction of the road. The fact was brought out in the discussion of the subject that the names appearing in the bill were 'well-known business men of the country. Host of them had had very little, if any, actual railroad experience. The committee was accused of nominating these particular men because it thought that they would add some prestige to the undertaking and might perchance secure some votes in its favor. In short it was but a snare to catch the unwary and unsuspecting.

Meagan opposed the original bill, and proposed a substitute. His substitute proposed that, in case of incorporation, no one should subscribe for shares in excess of the cash value of his estate; that no one should subscribe for more than $OOO,OOO worth of stock; and that, when any individual subscribed for stock, he must pay into the hands of the trustees cash equivalent to five per-cent of the amount subscribed. In proposing his ame nu men t, he sa id ;

” I have adopted in my substitute the names embraced in the original bill. I have not intended to interfere with the objects of the committee in framing the bill, except to adopt a new principle of action with regard to the persons 'Aho shall have the future control of the road...Of course it will be understood that if a railroad bill is to pass for the construction of only one road, I should desire to see that road go over what is called the southern route, believing it, as I do, the cheapest road to build, the one <kich would pay the best after it was built, and one which, on account of its not being blocked by snows in winter, would extena mor e accomodation than any other to the whole nation.”

In further discussion of the original bill, he said that the names contained in it, and to whom franchisees were to be given, did not obligate themselves to anyone nor did they become answerable to any authority for any maladministration which might result. He said:

” fie have no means of knowing whether the men of the committee selected are railroad men, or men of character or means. Ido not know but that they be men of the strictest probity. I presume they have been selected because they are; but there exists no reason, if this corporation shall prove beneficial to themselves, why these franchises should vest in them exclusively more than in any other set of men. It is not known that they will invest one dollar of their own capital in this enterprise; and if they invest anything, it is not known how much. Others may furnish the entire private capital for carrying on the work; but still the entire control of the enterprise is vested in these particular men, without reference to the interests of the government, without reference to the interests of commerce, without reference to the private capital employed in the construction of the work. .My proposition is, to vest these franchises not in men who are not stockholders of the concern, but in those men who pay their own money for the purpose of securing the success of the enterprise.'"

after some discussion as to whether the Salt Lake route was more preferable to the southern one, be gave his reasons for his substitute:

" The great object of this amendment is to adopt what I regard as a sound policy in respect to the rights and powers to be vested in the corporators, and in respect to having the franchises of the work placed in the hands of the men who furnish the capital..! desire to avoid those speculative influences.by the control being placed in the hands of men who have no money to invest, and whose whole object is to n&ke a speculation out of the charter. 12

The bill was considerably discussed. After being greatly amended, it was recommitted, lay 29. Here it peacefully slumbered while weightier matters engaged the attention of Congress. Congress adjourned before it was acted upon.

Beagan succinctly added: "The measure, somewhat amended, was eventually passed; and its corrupt history proved that I was 1? right in opposing it. v

1 Thodes, J. F., History of the United States, 11, 418*

. - Cong* Globe* Cong* , 1 bess., p. 3.

— Ibid,, p. 16. This statement was issued March 9, 18F9.

4 Reagan, lie mo ir g, 77.

eT "ibid.

6 Ibid., 78.

7 On the twenty-fifth ballot John Sherman received one hundred and one votes, just three votes short of a majority. Throughout the entire contest he vms never able to secure the three votes necessary for election. On January SO, he, realising that he had no chance of election, withdrew his name. The result was, the Hew Jersey representative was chosen.

8 Cong. Globe, ?6 Cong. 1 Cess, pp. ?27-247, Januar y 4 and 5, 1860. The Civilian and Gazette, quoting from the Horth Carolina Citizen, of January T,~fr om its Washington correspondent, who mentions Reagan’s speech, said: "It was our pleasure to listen to the able patriotic, and conservative speech yesterday delivered in the House hall, by Judge John H. Reagan, of Texas... His speech yesterday, which is wholly characteristic of the man, was logical and argumentative, as well as patriotic and conservative... Judge Reagan is a gentleman in our opinion well qualified to preside over the deliberations of the House, and one on whom the conservative element could well be concentrated, therefore, we trust to see his name at once put in nomination, for we believe that aside from his ability to discharge the duties of the speakership would lend dignity to the posit ion. .. We are acquainted with the conservative and statesman-like course he has pursued since his appearance on the floor of Congress, and we must say that no other member has won so much admiration. In him Texas has a true and loyal representative, and one who by his national, conservative views imparts dignity to the now rather turbulent body. n

T" Ibid*, p. 727*

10 Ibid., pp. 927-928.

11 Reagan, Memoirs, 78.

Cong. Cl obe t <6 Cong. 1 Sess. , pp. 2PF £-5? 76*

— . . Beagan, Memoirs, 80.

The Crisis

Beagan came home from Washington in the summer of 1860. He found that the Democrats had held their party conventions, both state and national. They had placed their platform of principles before the people; they had their nominees already in the field.

It will be necessary to say something of the work of these various conventions in order to understand the political situation.

The State Democratic convention convened at Galveston on xipril 2. The prevailing sentiment was strictly Southern, and its platform of principles in perfect accord with the South in feeland spirit. Por the most part, the convention reaffirmed the

Cincinnati platform of 1856. There was a difference, however. The convention made it definitely clear that it could not endorse Douglas’s doctrine of ’’squatter sovereignty”. The platform, however, declared for state sovereignty, the non-interference of Congress and the Federal Government in the slavery controversy. It urged the unity of action of Texas and the other Southern States in the event that their interests might be jeopardized by the election of a Hepublican President or even one hostile to slavery. Finally the platform declared the Caucasian race supreme. This distinction could only be interpreted as being a blast of defiance to the abolitionists who lived just beyond the line.

The National Democratic Convention met at Charleston, South Carolina, Monday, april 25. It chose Caleb Cushing of Massachusetts, president. after several days of wrangling, two platform reports were submitted. The majority report favored adopting the Cincinnati platform by the addition of a provision evidently intended to placate the South. This provision affirmed that it was the duty of the Federal Government to protect slave owners in the use and enjoyment of their slaves. The minority report differed from the majority in that it proposed to submit all questions of constitutional law to the courts with their final appeal to the Supreme Court of the United States. This report was the Douglas "squatter sovereignty 1 doctrine. But the doctrines enunciated in both reports

were extremely obnoxious to the South. Benjamin F. Butler presented another report. This was intended as a compromise. This was a tub to the whMe. It declared in favor of the Cincinnati platform "without addition or alteration". The Southern delegates believed this to be another attempt to evade the issue. They determined to prevent this subterfuge, if possible.

The convention adopted the minority report by a vote of one hundred sixty-five to one hundred thirty-eight. This assembly had swallowed the doctrine of Douglas to which the Southern delegations objected. It was clear to all that the Douglas’s forces were in the saddle and intended to ride their opponents down. After a lot of angry wrangling and ineffectual voting, the Alabama delegation,headed by L. D. Walker, left the hall sullen and angry. The remaining Southern delegates soon fol-14 lowed them.

Fifty-seven ballots »ere taken. Senator Douglas led in every one, but was never able to muster more than one hundred fifty of the two hundred and two votes necessary to a choice. It was clear that the convention was hopelessly dead- locked. A nomination was therefore an impossibility. The con- vention adjourned to reassemble at Baltimore on June 18.

As scheduled, the "regular" National Democratic convantion net -J' Tuna 18. Ths portion of the Democr-ov styling themselves the "constitutional" Democrati c convention met at Richmond on June 11. This convention recessed shortly after meeting to attend the "regular" convention at Balti mor ?, "ci ght-seeing" . If they decided the ausnioec to be i favor ible they would participate in its proceedings, otherwise not. Them were acting tn accord wit b advice given in a- circular cent out from Washington bv the Democratic leaders in Don-15 mreos. Reagan had signed the naper. Rut thev ret wit* a

cool reception. The political atmosphere was too chilly for them. They, then of course, refused to participate in the oroceedln “3. They returned whence they came.

The convention at Baltimore heard much airing of views. The rule was adjusted ao as to assure Douglas 1 s nomination on the first ballot. The accustomed two-thirds vote of states m changed to a tro-thirds vote of the delegates present. On the second ballot Douglas received one hundred eighty-one and one -half

votes. This was a decided majority. His nomination was then made unanimous. A regular pandemonium ensued. At this point the stage collapsed, precipitating the speakers, orchestra and all into a heap in the middle of the aisle in an indistinguishable scrambling mass. This augured ill for their candidate. It was indeed a very bad beginning. A sop nominee was thrown to the South by the nomination of Herschel V. Johnson of Georgia as vice-President.

The Southern Democrats, or the State Rights element, assembled again at Richmond on June 28, when the "regular” Democratic convention had adjourned, They proceeded to the preliminary convention work* William L. Tancey of Alabama delivered an address, Hth his magnetic personality and his marchless eloquence, he stirred his audience to the depths of their souls. He aroused their drooping spirits to the wildest enthusiasm. It was indeed a marvelous effort. On the first ballot John C. Breckinridge of Kentucky received all the votes of the convention and was declared the unanimous choice of the convention for President. Joseph Lane of Oregon was nominated vice-President 0

During the interim of the meetings of the Charleston and Baltimore conventions on May 9, the "Constitutional Union Party”, composed of the remnant of the Whigs, the wandering Know-Nothings, and the political "scalawags', met in convention ait Baltimore. John Bell of Tennessee was nominated for president on the second ballot. Hdward Rverett of Passachussets was nominated for vice-President. They adopted as their slogan, "The Constitution and the Union ana the enforcement of the laws". This slogan, according to Lubbock, n was a mere dodge of living 16 is sue s."

The action of these conventions broke Pandora’s box upon the Democratic party. The jarring friction and the bitter discord among the Democratic ranks predicated the inevitable and irremediable ruin of the party. With three candidates, Douglas, Brechinridge, and Bell, each drawing his strength from the party, what hope could the Democrats have of winning? Facing an increasingly strong and aggressive party which opposed everything advocated by the Democratic party, why should the Democrats divide their strength and pull their house down upon their heads? This has been one of the unexplainable problems of American history.

The election of the Republican candidate, Lincoln, was a foregone conclusion. George Smythe in a letter to Reagan early in May, 1859, foretold the dissolution of the party by a pithy remark. He said: "The bane of the South has always been 17 little issues." It was true.

George Paschal of Austin addressed Reagan an open latter, October 6. He requested him to answer some interrogatories. He asked whether Reagan had a first, second, or a third choice for President. He continued his queries: "Bo you think that the election of Lincoln would be, of itself, sufficient cause to dissolve the Union or to resist his inauguration? 18 And would you join in Such attempt at secession or resistance?

Reagan answered these questions. He replied that he intended to support 3rechinridge and Lane and that he had no other choice.

respect to Lincoln’s election, he replied that Lincoln was the candidate of the Republican party, the choice of the Tree States of the North and that his success would simply mean the control by a party whose fundamental principles were antagonistic to Southern interests. The Republican party had grown because of its hostility to slavery, and should it become predominant, the South could expect no favors at its hands. Taking a prespective of the situation, he replied:

r 1 I am bound to conclude that the doctrines of the Republican party are unconstitutional, revolutionary, and destructive to the best interests of the South as well as of the Union, and that the election of Lincoln would be the success of a revolution which met destroy our present constitutional government, and with it our rights, equality, and security as a people. So regarding his election, I am for resisting it, in case it should occur, by the best and the most effective means which can be adopted by the states to be injured; and of adopting such a course as will secure our rights, in the Union, if ’we can, but out of it if we must. Every instinct of selfpreservation demands of us to demand and insist on this security; and to obtain it peaceably if we can, and if reason and peaceful means fail, then it is equally our duty to maintain our rights by all the means God and nature have placed at our command/’

as to his plan of action in event of Lincoln’s election, he said that he would recommend that the governors of all the slave-holding states convene their legislatures immediately for a state convention. This would be the legal procedure, he said. These state conventions in turn should provide for a general convention of all the states who felt aggrieved. This general convention should submit propositions which would restore the morals of the constitution. This would afford a specific guarantee of cur rights and slave property. It should contain the following questions and issues:

” 1. The South would have no inter-state relations vith any state which refused to abide by the provisions of the Fugitive Slave law.

*2. The South mst have an equal participation in the occupation and settlement of the common territory, and the admission of future slave states into the Union.

r ‘£. The slave agitation concerning the abiliehment of slavery in the District of Columbia, in the Forts, Dock Yards, etc. should be suspended.

"4. Congress should not interfere with the inter-state slave trade.’ 1

If the Northern states refused to accept or make these concessions, he stated there was nothing left for the South but to organise a separate confederacy of such states as desired to join.

Reagan, reviewing the political situation, failed to find anything hopeful for a reasonable solution of the problem. He said:

” I fear the evil day is upon us, and believe duty and patriotism alike require us to face the danger and prepare to avert it. I may be excused for adding for myself, that I am one of those who have clung to every reasonable hope for the Union. That I have resisted, as I am still ready to do, every measure which I supposed would endanger it, whether proposed in the North or the South, without enquiring for the consequences to myself. I clung to the hope that the Democratic party would maintain its nationality and preserve the constitution and the Union. But unbridled ambition, preferring self to country and appealing to the Free Soil sentiments of the Northern wing of the party, has destroyed its nationality, and with it, there is but too much reason to fear, prepared the way for the separation of the States* 96 l know not how far my views may be sustained by the popular judgment, but the times require that this question be answered with candor and frankhess.” 19

Replying to an invitation extended to him by a committee among whom was Roger Q. Fills, to address the people ar Corsicana on October 2f , 1860,Reagan declined. He was making his preparation, he said, for leaving for Washington. However, he stated that in his opinion Breckinridge would carry the entire South. He would also win in Texas, he thought, by a probable majority of 26,000. He further said, judging fr urn the recent elections in the Northern states, that Lincoln’s election was a foregone conclusion. He declared:

n May God in His goodness protect us from such a calamity; and if it befall us may we have the wisdom, the courage, and the fortitude,to meet it as it should be met, and to save ourselves from the carnival of abolition, hate, and negro equality with these unhallowed woes.” 20

Secession was the topic of the day among the Southern people. The election of Lincoln was practically conceded. Rea~ gan had pointed out in his letter to Paschal the proper course for the people to pursue in such a contingency. This advice had more influence, perhaps, in crystallizing public opinion in Texas on the subject than anything else.

0. IL Roberts, in a eommnication to Reagan, November 1, requested his views on the political situation, suggesting the possibility of a state convention to act for the people in the event of Republican success.

Heagan replied stating that, under such circumstances, the state would. act at once. But he admitted that the legislature should convene and make the call. This procedure would be the const itut ional method. He said further:

” Such a call might demonstrate public opinion, but would not secure the authority of the State for our action, as it would most probably place us in opposition to the State Government under Houston as well as in opposition to the Federal Government.. For a last alternative, if action should become necessary, and the people aesire it, I would be for it even if the Governor should deny us his countenance and assistance.” 21

In answer to another letter from Roberts, November 20, he stated that he was inclined to believe that the course Roberts had suggested would be the proper one to pursue. But only in case the Governor refused to act. He said further:

” I feel very much complimented by your suggestion that you think circumstances pbintijbe as the proper person to lead this great movement as our next candidate for governor. This has been suggested to me by a number of persons. Under ordinary circumstances I would not, in a pecuniary point of view, feel justified, in view of my duty to my family, in holding the office of governor, if I should be elected, much as I should feel honored by the position. But if the condition of things be not changed before the canvass opens, and I can see no prospect of that, and the people should think my services desirable in that position, I should not decline it. Though I am not sufficiently familiar with our state policy, and would be liable to embarrassment on that account.. But our first and highest duty now is to look to the action of our own state, and to employ successfully its authority and power in resisting Black Republican aggression." 22

Writing Roberts from Washington upon the subject of a state convention, Reagan expressed himself decidedly in favor of state action, though he proposed it in the event the other Southern states followed suit. He said that if the Cover nor should attempt to block the way, the people, under the circumstances, would be justified in adopting any course looking to their best interests.

As a matter of fact Reagan’s services at Washington were contingent on the action of the state. When the state had acted, he would of necessity return home to assist in the proceedings of the convention. He expressed his gratitude to Roberts for making an effort to have him returned as a delegate from his county to the convention. He said in conclusion: "If a convention is called, which I will not doubt, I hope you will be a member of it. Our clearest and most experienced heads must direct its proceedings."

Congress convneed, December 1860, the political atmosphere was dark and cloudy* The Republicans were exultant over their late victory. They were haughty and arrogant. On the other hand, the Southern Democrats were chagrined and dejected. They had been defeated. The Southern representatives almost since the beginning had led in Congress. Their wishes on most legislation had prevailed. Now for the first time they saw the sceptre of power slipping from their grasp. This fact stirred the proud Southern statesman to the depths of his soul.

Everyone appeared to realize the danger. The political condition was too tense to last long. It was an evident fact that something must be done immediately to affect a compromise or else the Union would fall to pieces. Crittenden of Kentucky offered a compromise in the Senate, known as the compro- mise. This proposal was an attempt to restore the old fissouri Compromise line, as far as possible. It fell lifeless to the ground. In the House a similar attempt at compromise was made December 8. A select committee was appointed, one from each state. It was known as the "Committee of Thirty-three." Heagan wrote to Roberts regarding this Committee of Thirty-three:

" The idea of another congressional compromise was vain and foolish, as a means of settling the pending difficulties . But if there had been any vitality in the movement the bungling manner in which the committee was constituted would have crushed it out. The Speaker appointed He publicans from every Northern State, not a single Northern Democrat on the committee. ft was a matter of general comment that he seemed careful to have avoided ths selection of representative men and to have selected for the most part, in the South, the very men who are misrepresenting popular opinion. They will impair the weight of any recommendation that it may make both with Congress and the country..! do not say this to complain of the

result. It suits me..l felt mortified that the proposition of raising this committee came from a Southern representative, for the injured, aggrieved, beaten party and section to beg terms of the haughty insolent spoilers and victors is craven and dastardly." 24

following the compromises there were open threats of war in both houses of Congress. The stage of compromises had passed. How there was nothing left for the Southern people to do but to withdraw from the Union, and, if necessary, to fight. December 14, thirty-three of the Southern members, including Beaman, issued a "manifesto", or public address to their constituents justifying their course:

" Argument is exhausted. All hope for relief in the Union through the agencies of committees, congressional legislation is extinguished, and we trust the South will not be deceived by appearances or the pretense of new guarantees. In our judgment, the Republicans are resolute in their purpose to grant nothing that will or ought to satisfy the South. .Ie are satisfied the honor, the safety, and independence of the CcuUiem people require the organisation of a Southern Confederacy--*! result to be obtained by separate secession--that the primary object of each slave-holding state ought to be its speedy and absolute separation from the Union with hostile states." 2?

Emmerson Etheridge of Tennessee moved, on January 7, 1861, to suspend the rules of the House in order to place before the body a series of resolutions which were presented as amendments to the constitution. This was a step beyond the compromise stage. They were similar to the Crittenden’s ’’Border States Compromise”. The two-thirds vote necessary for a suspension was lacking. During the discussion which followed Etheridge’s motion, Lovejoy of Illinois remarked: "I hope we shall not consider any more of these resolutions proposing compromises. I hate them.” the vote was being taken and Beagan’s name was called, he arose and said: ”As these propositions have been deliberately rejected by the Republicans I should humiliate myself and 26 misrepresent my constituents by voting for them. I vote ’no’."

Later in the day, however, the rules of the Louse were suspended to permit Adrian of Lew Jersey to present resolutions thanking fajor Anderson for taking possession of Fort Sumpter. These resolutions read; ”«e will support the President in all constitutional measures to enforce the laws and preserve the 27 Union.”

Writing home on the following day, January 8, Reagan said that he would soon come home. The last ray of hope had gone, he said, for adjusting the differences between the sections. He affirmed that the Southern members regarded the Adrian resolutions as ”a wanton insult and an open declaration 28 of war.”

About a fortnight later Reagan addressed a letter to a friend at Dallas, .. C. Young, in which he spoke further of the existing unhappy situation:

w He are now required to submit uncond it ionally to abolition rule, abolition principles, or go out Of the Union and fight. Military despotism is now practically introduced under General Scott. Five states are now out of the Union—most of the Southern states will be out before the first of March. i( The government and free states intend coercion and war. the people need no longer deceive themselves with the hope of constitutional guarantees for our future security in the Union, and we will not be allowed to go out in peace. Our state must prepare for the worst at once.“ f 29

The House now had the Army Appropriation bil, January 15 under c onsider at ion, ’when Reagan delivered an address on the ’’irrepre ssible conflict s ’. He spoke without notes or previous preparation. The speech was printed without having been revised, he said, and its distribution numbered thousands.

A few quotations will indicate the tone, the great stress, and the manifest solemnity under which he spoke. He said:

” Mr. Chairman, we stand in the presence of great events. When Congress assembled some weeks ago, the control of the condition of the country was in its hands. I came here with a full knowledge of the deep discontent that prevailed in a portion of the states, and I felt then satisfied—as all must be satisfied now—that they intended to insist unalterably and unconditionally upon being secured in their constitutional rights in the Union, or going out of it for self-preservation. I came here with the hope that such measures might be brought forward by those who have the power to control this question, as would assure the people of the South that they might expect future security for their rights in the Union. I believe that if the Republican members had manifested, at the beginning of this session of Congress, a purnose to respect simply the constitutional rights of all the states and of their people, all these difficulties might, before this time, have settled.”

He referred to the condition of affairs in the South where the states ..-ere withdrawing from the Union. He declared the Union to be dissolving before their eyes. What could change the situation? Was it impossible to arrest the movement before it had gone too far? He said:

” It is my duty to speak on this occasion as I would speak in the presence of the future--as I would speak in the presence of the calamities invoked on this people by the action of this Congress, and by a portion of the states of the Union. Nomen on the face of the earth, at any period of the world’s history, ever, charged with a more solemn responsibility than rests upon the American Congress. It calls not for passion, but for

calm deliberation; not for the maintainance of more partisan supremacy, but for the ascendance of patriotism; not for the domination of one party, and the overthrow of the other, but for a constitutional Union based on the action of the people, and on the support of the government friendly to all its parts; not nurturing and fostering the one and hostile to the other, but just and fair to all alike."

He declared that the term "irrepressible conflict" had been used by eminent statesmen for partisan purposes and for the promotion of sectional hostility. Bat it rested upon the basis that the interests of the North and of the South were irreconcilable . The fruits of this spirit of hostility, he declared.were being realised in the dissolution of the Union. The logical result of this disunion would most probably be a bloody war between the sections. The South, he assured them, only desired a recognition of her constitutional rights. She wanted nothing more, nor would she be satisfied with anything less. For the North to insist upon the South’s giving up a billion dollars worth of slave property and turning these negroes loose upon her would be intolerable. But a Union that was based upon fraud and violence, bickering and strife, was not worth 31 preserving. ”

Shortly after the delivery of this address, Beagan departed for home. Upon arriving at Hew Orleans, he learned that he had been returned from his county as a delegate to the Secession Convention then in session at Austin. He came directly t o Aust in.

Upon arrival, he was advised that Governor Houston opposed secession, and that he would most likely frown upon the proceedings of the convention. Reagan having had rather friendly relations with Houston in the past, believed that he could approach him on the subject with safety to their mutual friendship.

Thereupon he called upon him at his office. After attending to some routine business, the Governor invited him into his private room. Here the question was discussed in private.

"You know that I am a Union man," said the Governor to Reagan," and opposed to secession."

Reagan replied that he knew he was, but at this point of the sectional trouble, individual opinions might have to yield to the wishes of the people.

"The people are going to war upon the question of slavery", continued the Governor, "and the firing of the first gun will sound the death knell of slavery".

To this Reagan answered that he thought the manufacturing interests of the East would intervene to prevent war and also that England and France needing our raw products would mediate in behalf of peace.

The Governor replied that Great Britain had striven for forty years to arouse sectional hostilities in this country; that France was opposed to our form of government, and that both of them would be glad to see war between the sections, as it .%ould enable Britain to build up her interest in India and France hers in Algeria.

At the termination of Reagan 1 s interview, the Governor stated in parting that he was born and reared in the South; that he had received all his honors from that section, although he was opposed to secession that he would never draw a sword against his own people.

The Convention convened and organised January 28, with 0. M. Roberts as President and R. T. Brownrigg as Secretary. February Reagan appeared, presenting his credentials, and was seated as a delegate from District 11, composed of the counties of Anderson, Houston, and Trinity.

The President on February 2 appointed Reagan, Gray, Rogers, Still, and Devine to wait upon the Governor and ascertain his wishes regarding the convention work. Houston

was faced with the inevitable, he replied to the committee’s communication in a very patriotic strain. He said:

" I assure you, gentlemen, that whatever will conduce to the welfare of the people will have my warmest and most fervent wishes, and when the vote of the 'people of Texas has been declared through the ballot box/no citizen will be more ready to yield obedience to its will, or risk its all, than myself. Their fate is my fate; their fortune is my fortune; their destiny is my destiny, and be it prosperity or gloom, as of old, I am with my country,”

February 4, at 7 P.M., Reagan and Wigfall were chosen representatives to the Southern Convention then in session at Montgomery, Alabama. They were elected on the first ballot. Reagan received one-hundred thirteen, and Wigfall one hundred 24 nineteen votes.

Reagan immediately resigned his position in the convention and left for Montgomery. He went by the way of Palestine to attend to some business matters. He in company with -Villiam 8. Oldham arrived at Montgomery March 1, 1861,

Prom Montgomery he wrote to 0* M. Roberts that the convention was functioning both as a Congress enacting laws and as a convention drafting a constitution and preparing a system of government. He said that ’Mien the constitution was ready it would be submitted to the Southern States for acceptance or rejection*

14 Dallas Herald, June 20, 1860, quoting from the Texas hepu'blicaF, which said: "Judge Heagan, I am happy to say, endorses the action of the Texas delegation in withdrawing from the Charleston Convention."

15 Lubbock, 381. "Nineteen names were affixed to the circular, among them being John Slidell, Jefferson Davis, L.Q.C.Lamar, Robert Toombs, R.M.T.Hunter, Judah P. Banjamin, and John H.Reagan."

16 Lub bock, Meaaoira, 295.

17 George omythe to John H. Reagan, May IL, 1859.— Reagan papers.

18’ ’ George W. Paschal to John H. Reagan, October 6; John H. Reagan to George AL Paschal, October 19, in the Ballas Herald, October Fl, 1859. "

19 Dalias Herald, October 30, 1959, quoting the Trinity Advocate oT~Octer~~6 a which said: commend the following letter of Huage Reagan to every voter in the District and trust that its patriotic spirit may be fused into every heart. Reagan is no craven submissionist to barter away the constitutional rights of the South for a temporary and dishonorable peace o Our rights are constitutional and will be maintained. Read the letter, every word of it, whose logic and patriotism will ultimately crush out the dangerous submissive policy attempted to be fostered upon the people of Texas by the Fusionists [that is, the Bell-Lane ticket] and their adh ere ctS’”

20 John H. Reagan to Roger Q. Mills and others, October 20, 1860.--Reagan Papers.

■ John H. Heagan to 0. M. Roberts, November 10, 1860.-- Robe rt s Pape rg .

22 John H. Reagan to 0. M. Roberts, November 20, 1860.-- Roberts Pape re.

IS John H* Reagan to 0. Roberts, December 12, 1860.— Robert s papers.

24 Ibid.

c, tf Texas Republican, January 12, 1861. ’’Other prominent signers were : iThTPiCurr y of Alabama; John Slidell and J.o.Benjamin of Louisiana; Jefferson Davis of Mississippi; L.T.Jigfall, John Hemphill, and John H. Beagan of Texas."

-g- Gong. Globe, ?6 Cong.. 2 Seas. . p. 279, January 7, 1861.

27 Ibid., p. 280.

28 Texas Republican, January 20, 1861, quoting the Nacogdoches Chronicle.

29 quoted by the Dallas her aid , February 8, 1861.

3o Heagan, I emoirs, 81.

u Con^. Globe„ £6 Cong. . 2 Sees.. pp. 9?.-«Beagan Memo ire t 251-270.

Reagan, I*emoirs, 10f~106 e

Journal of the Secession Convent ion, 48, B. uh dinkier, (ed).

M Ibid*, 78-80*

— . - John H. Reagan to 0. M. Roberts, March F, 1861.--Roberts Papers*

CHAPTER VI THE CONFEDERACY

The Post-Office Department

Upon the establishment of the Provisional Government of the fe jracy one oft attars for Pre ' vie to deal with was the continuance of the postal facilities. The of a Post-Office Department s&s imperative. And in order to do tills, an efficient man must be secured. T e position of Postmaster General was first tendered to Henry T.Pllett id- It was then offered to Wirt Adama of the same state but he also declined to accept the position. Finally President Davis tendered the portfolio to John 1 H. Reagan on March 6. Reagan at first declined.

Reagan stated that after the second declination he vas waited on oy T.WVWauI of Texas ano J.L.U.Curry of Alaba \x. ' They induced him to accompany them for a conferenow rith President Davis and the cabinet members. They urged him to reconsider.

Reagan assigned as his objections that the people were accustomed to regular and efficient postal service and that he seriously doubted whether he could provide the same service for them to which they had been accustomed. And he added that”while I would gladly perform my duty to the Confederacy, I did not desire to 2 become a martyrV

President Davis and the cabinet members present stated that they would do all in their power to assist and defend him against anv unjust criticism. Further he added:

” I very reluctantly consented to accept the position, and on retiring from thia meeting, instead of feeling proud of this honor conferred on me, I felt that I was to be condemn rd for incapacity.*3

The same date Reagan wrote to o.7.Roberts informing him of his appointment stating that the honor case wholly unexpected and unsought, saying:

” I enter on my new duties at once, but I shall continue, to participate in the proceedings of the convention. I shall enters on my new duties with some distrust of my 3 labilities for t sition; and the more so as I shall be charged with the organization of the ■ . mt and have to commence its organization with an empty treasury.” 4

The press of the Southern States commented favorably upon Reagan’s appointment. The Dallas Herald said:

« The energy and character for which he is noted, and his clear business qualifications render him eminently qualified for the arduous duties of the new position. Vo man in Texas has risen more rapidly than Judge Reagan, and no man enjoys a‘reputation better established on the most solid basis than he.« 5

The Bloteoad Enquirer also • on eeleetion as follows:

$ Judge Reagan looks like the resolute man fit to cope ?lth the toil ba attempted. Unpretending, almost careless as to appearance and 'perhaps somewhat abrupt in ranner, he is the par son! fl oat ion of rough and ready energy, and untiring industry. His leading characteristics are firmness and determination; and they are stamped on his countenance. His may be what Carlisle designated as n a vigorous contour. n 6

The Richton4 Exarin er also had soma complimentary things

to say of him, quoting the cor re spondent from Montgomery, Alabama:

” One of the very best men in the cabinet is the Postmaster-General, Judge Reagan. He is a good lawyer and parliamentarian, a man of unwearied labor and perseverance, conscientious, and imbued with exact notions of governmental expenditure which go to make up a fit person for this position...l deem it a fortunate circumstance that it is placed under the charge of such a man as Judge Reagan .." 7

On his way to his hotel in Montgomery he tells us he net H. P. Brewster, a lawyer of some ability. He requested Brewster to come to his room for a conference as he desired him to perform an important service for him. He informed Brewster that he wanted him to make a trip to Washington, carrying letters to various persons to whom he desired to offer positions in the postal service. By the time of Brewster’s arrival he had written letters to St. George Offit, chief clerk of the office of the Sixth Auditor, to Benjamin Clements, chief clerk to the postmagtet-General, to Joseph Lewis, who was head of the bond division in the Postoffice Department, to Captain Schwartzman, who was at the head of the Dead Letter Office, to McDair of the finance Bureau, and to Hobby, the Third assistant Postmaster-General. He requested these men to come and accept positions in the postal service of the Confederacy, bringing with them copies of the last annual report of the Postmaster-General, a copy of each form used in the Postoffice Department, and a copy of the postal maps of 8 the Southern States. Practically all of these men came, except

Hobby and a minor clerk from Florida. They brought with them as requested the necessary information and a map of the State of Texas. They were unable to secure, however, any postal maps of the other Southern States.

The headquarters of the Department were located in the Exchange Hotel, Montgomery. Here classes were conducted from eight to ten o’ clock in the evenings for the purpose of instructing the staff as wall as the Postmaster-General himself in the knowledge 9 of their respective duties.

At first the work was in charge of two assistants, St. George Offit, chief of the Contract Bureau, and Benjamin N. Cle-10 ments, chief of the Appointment Bureau. Later J. L. Har-

rell of Alabama was put in charge of the Finance Bureau and W. D. Miller of Texas was appointed Chief Clerk of the Auditing Department .

Five bureaus were established, namely, the Contract, Finance Appointment, Inspection, and the Auditing, in which were inclu- ded the Dead Letter and the division for stamps and stamped en-11 velopes.

The organization of the Department progressed rapidly. When the extra session of the Congress convened in May, Reagan was able to state,

” ..that the Post Office Department was as completely organized as that at Washington, with two proposed improvements, and that I ras ready to inaugurate the postal service of the Confederacy.”l2

when he informed the President that everything was ready for him to assume control of the postal affairs, the latter appeared surprised and asked him what he meant. Upon Reagan’s offering to show him what he had done, pavis replied, ” No, I understand you, 13 but how were you able to do this?” On the basis of Reagan’s

information, President Davis was able to state in his message to Congress April 29,

« The Postmaster-General has already succeeded in organizing his Department to such an extent as to be in readiness to assume direction of our postal affairs, on the occurrence of the contingency contemplated ny the act of March 15, 1861, or even sooner if desired by Congress. The various books and circulars have been prepared and measures taken to secure supplies of blanks, postage stamps,etc."l4

It had been considered wise and practicable to organize the Confederate postal system in conformity with that of the Federal Government at Washington and to conduct it along the same lines. It was also considered a good policy to continue its oper ation under the control of the United States until everything was in readiness for the Postmaster-General of the Confederacy to assume complete control. This,it ras thought, would enable the people to secure the very best service under the circumstances thus occasioning as little disarrangement of the mail facilities to and as little inoonvenienoe A them as possible. In his first circular Reagan stated his object:

« Any attempt to mix the employees of the two governments, in the same service, would be wholly impracticable. And no removals or appointments of postmasters or others will be made by the Department, nor will it receive returns relating to or moneys derived from the postal service until it shall assume the entire control of the service.. We must regard the carrying of the mails, at this time, by the government as a great public necessity to the people of both governments, resulting from the past intimate

political, commercial, and social relations, and alike important to the preservation of the present interests of the people of both countries. And while that government, by its action consults such considerations, our government and people should act with the same high regard for great public interests.”ls

In this circular, all postmasters were directed to continue t performing their duties and paying all moneys due to the United States until the Confederate postal system was ready to begin functioning. The reasons assigned indicate the ’’beclouded frame of mind” possessed by the leaders even at this time. They did not appear to apprehend that war was in the air. Reagan remarked:

« It *as hoped that this course would have beneficial effects, by removing all doubts as to the duty, for the being, of those engaged in the postal service, and by showing to the government at Washington that so long as it continued to hold itself liable for the mail service in the Confederate States, it should receive all the revenue s derived from that service. It was supposed too, that it us greatly to the interests of that country, as well as to the interests of our own, to avoid a sudden suspension of the postal oommunioation between the people of the two countries, and to avoid being brought at once into practical non-interoourse..And when that policy was determined on, it was not known that actual hostilities would occur, but that it was supposed to be still possible that our separation from the United States might be peaceably effected, and that all questions relating to the public property and to pecuniary liability between the two countries might be settled by them on terms of equality.” 16

By an act of the Confederate Congress May 9, 1861, the Postmaster-General was authorized to issue his proclamation assuming charge of postal affairs whenever he considered his Department sufficiently well organized to undertake its operation. On May 13, Reagan issued his proclamation naming June 1, as the day when his Department would take control. He directed all postmasters, route agents, and special agents,

” to continue in the discharge of their respective duties., in strict conformity with such existing laws and regulations as are not inconsistent with the laws and Constitutionof the Confederate States of America, and such further instructions as may hereafter be issued by my direction . 11

He further directed that all postmasters should render to the Postoffice Department at Washington all vouchers for postal receipts and expenditures up to May 31, and to forward all stamps and stamped envelopes which they might have on hand, in order that they might receive the proper credits therefor, in the adjustments of their accounts. He further ordered,

« that all contractors, mail messengers, and special contractors for carrying the mails within the Confederate States, under the existing contracts with the Government of the United States, are hereby authorized to continue to perform such service under my direction,etc. n

And finally.

« Until a postal treaty shall be made with the Government of the United States for the exchange of mails between that government and the government of the Confederacy, postmasters will not be authorized to collect United States postage on mail matter sent to or received from those states, and until postage stamps and stamped envelopes are procured for the payment of postage within the Confederate States, all postage must be paid in money.."l7

As an indication of his high regard for fair dealing, Reagan instructed all postmasters to render their accounts and to pay all moneys, up to the first day of June, to the Government of the United States, and to return ” other property pertaining to the postal service, except mail bags and locks and keys.” This was necessary, he said, to be able to settle founts between the two governments on the termination of the conflict and the return of peace. Further, he stated his reason particularly,

« that there should be no time when they were not responsible to one government or the other, and also if they had not been held responsible in this way, the temptation to embezzle would have been offered and might have led to serious consequences."lB

Montgomery Blair,Postmaster-General of the United States took note of the orders of Reagan. Accordingly he issued his proclamation suspending the control of the United States over the postal service within the Confederacy on June 1. He did this in order to avoid any great disruption of and confusion in the service. Reagan remarked on this matter:

« whether this was by accident or design, I a® not infolded, but I think it was most probably the result of a purpose to meat the equitable design mentioned in my proclamation, in order to avoid a clash in the service and to maintain the responsibility and enforce the obligations of those connected with the service. n l9

In spite of the precaution taken by the Postmaster-Generals the change of the postal service did produce some irregularities and some confusion. Many people began to grumble about the poor service. As early as June 10, someone as near by as Camp Beauregard, Bull Run,Virginia, wrote that there must be something radically wrong with the postal service as it required from a- week to ten days to receive mail which ordinarily should be receive ' in three. But the Richmond Enquirer advised its subscribers to be more patient until the Department could function 30 more advantageously. The Richmond Daily Examiner assigned the

irregularities of mails to the lack of cooperation of the railroad or; tie; 4 th the Confederate Government and their refusal tc comply with their contracts. In his message to the Confer-

erate Congress November 20, who stated:

” The absorption of the ordinary means of transportation for the movement of troops and military supplies; the insufficiency of the rolling stock of the railroads for the accumulation of business resulting both from military operations and the absence of water communication by the presence of the enemy’s fleet; the failure and even refusal of the contractors to comply with the terms of their agreements; the difficulties Inherent in inaugurating so vast and complicated a system as that which requirs postal facilities for every town and village in a territory so extended as ours, have all combined to impede the best directed efforts of the Postmaster-General, whose seal, industry, and ability have been taxed to the utmost.” 22

During almost the entire period of the Confederacy there was more or less dissatisfaction with the postal facilities because of irregular service. On June 5, 1864, Swan, of Tennessee asked Congress to appoint a committee of three members to confer with the Postmaster-General about postal conditions. He informed the body that Congress had been in session a month and not one of them had received any mail from home. He attributed this, he said, to "the bungling imbecility and mismanagement 23 of the Post Office Department.”

Occasionally a newspaper which realized the abnormal conditions under which the Postmaster-General was working and trying to serve the harassing and faultfinding patrons, endeavored to utter a note of encouragement. The Tri-weekly Telegraph said:

” When Mr. Reagan took the office of Postmaster General, he had to make it out of nothing. what information ha could yet from the General Post Office at Washington had to be got by stealth. This, of course, necessarily meager, and unstaisfactory...The Post Office Department is very justly said to be an institution that no one feels but its failures. Is it to be wondered at that our Postmaster General did not perfect a vast and intricate business in a day? Is it to be wondered at that it is not yet perfect? Has he not in fact accomplished wonders in bring- ing as much order as he has out of chaos?” 24

One of the moat difficult problems which the Postmaster- General had to solve was the question of procuring stamps and stamped envelopes. This period was known as the ff stampless period. ” It extended from the organization of the postal system to October 15, IS6I. By the act of Congress, approved February 33, 1861, the Postmas ter-fleneral was authorized to procure stamps and stamped envelopes by letting the contracts to responsi ble parties for their manufacture. The same act also repealed the act of February 9, 1861, which continued the rates of postage of the United States. It adopted the following: That all

letters of single rate must be paid in 5-cents in money or Confederate stamps where the distance was less than five hundred mil- . nd 10-cents if exceeding that distance. United Rtates postage was not to be used after June 1, unless for mail going to the North, and then with an additional 5-cents postage. Finally all newspapers and circular^;letters must be paid for at the rate of 2-cents each.

On March 27, 1861, the Postmaster-General issued a letter i calling for bids on stamps of 2,5, 10, and 20 cents denomina- tions. Be gave the specifications:

” The postage stamps must be perforate.! around their edges, well gummed, put up in packages of 100 sheets each, and delivered at the Department free of charge, and In such quantities as may he required to fill the orders of the postmasters.. 7t Bond and security will be required for the faithful performance of the contract, and payment will be made quarterly . n 35

The proposals were published simultaneously in the press of Montgomery, New Orleans, Charleston, Baltimore, Philadelphia, New York, Savannah, Columbus, Memphis, and Louisville. In response to the call for bids, Reagan said:

" The only proposals made in answer to this advertisement were one from Richmond and one from Baltimore, proposing to furnish lithographed stamps. The proposition from Baltimore regarded as most favorable, both on

account of the style of work proposed to be done and the terms on which the supplies were proposed to be furnished. But the collision between the citizens of that city and the eral troops on the 20th of April, and the hour interruption of communication with that city prevented further negotiations on ths subject.” 26

27 There were several bidders from the North. Some of their

desire vers well executed. Since it appeared that there vould be far* the Department could hardly afford to patronize the H enemy’s country. Reagan favored the Richmond firm of Hover and Ludwig,, lithographers, who wrote to him as follows:

” Enclosed we send samples of postal stamps. The ten cent stamps represent the Confederate States Flag, which we have engraved. The two and Five cent stamps we only made the drawings of, which we intend to make if the order should be given to us* The twenty we should like to make with President Davis’s portrait, in which case you will have to furnish us with good likeness, if you. should favor us with the contract for making the stamps. The stamps will oe perforated around the edges, and well gummed. We are willing to make at 30 cants per 1,000, including all expenses for packing according to contract... Hoping you will give us preference to northern houses, we retain, respectfully, Hoyer and Ludwig." 28

To understand the embarrasing situation with reward to shortage in postage stamps one has only to read Reagan*# report of November 27, 1861. He said:

» The engravers in Savannah, under the date of November Rist states that it will require sixty days to prepare the plates for printing each denomination, and the delivery of 400,003 stamps, and with his present force he can only furnish 80,000 stamps daily. The estimated number required for daily use is about 260,000. In the mean* time, on the first day of October, a confidential agent ms provided with ample means and dispatched to Europe to procure the manufacture of steel dies and plates for printing stamps of the several denominations provided for by law, and for procuring for use, as soon as practicable fifteen millions of stamps, and to forward the dies, plates and stamps to this city. The small supplies now being received from the contractors in this city only serve to increase the public discontent, as they are insufficient to meet the demands of even the principal cities." 29

The first stamps vers distributed October 16, 1361. The Richmond Dc.il y Examiner of that date said:

« m sale of the new Confederate postage stamps will commence to-iay at the Richmond postoffioe. They are quite handsomely gotten up, are of green color, and are

ornamented with a likeness of President Davis. They will prove a great convenience to the public.“

From October 15, when the first distribution of as made to November 27, 1,430,700 stamps had been issued* By the end of February, 1362, the total bad reached 12,341,500 with a’value of 4862,180. From July 1,1862 to June 30, 1853 49,023,977 stamps had been Issued, the five-cent denomination numbering 37, . , the ten-cent, 10,417,700, and the twenty-cent, 95,100 For tar ' ne 30,1383 to July 1, 1864, 39,450,400 stamps were issued, 33,450,400 being of the ten-cent denomination and 30 300 of the twenty-cent denomination.

Because of the disappearance of fractional currency, postage stamps began to be used aa money. They supplied the need of small change. The first of these to be used for this pur-* 31 pose vas the ten-cent denomination. And, as the financial sit-

nation of the Confederacy became more embarrassing an increasing demand was made for higher denominations. Then the twenty-cent denomination was issued for this purpose. The Richmond Daily Examiner of June 4, 1863 stated:

« A new postage stamp of the denomination of twenty cents has been put forth by the Treasury Department. The stamp is of a dark rich green color, with the medallion of Washington on the face, enoirolen by the words "Gonfeder- Jtates of America*, and the designation of twenty cents at the top and bottom, the former in figures and the latter in letters. The engraving is the best that has yet been executed of the postage currency. The medallion la excellent, with something peculiarly striking and natural in the countenance, not found in the beet pictures of the "Father of his SountryV The stamps, if issued in any number, will be a good medium of exchange, and because of its high fractional value, will, we hope, drive from general circulation some of the airty five cent stamps that are becoming a greater nui~ canoe every lay." 33

These stamps had an enormous circulation at first hut, as the government did not propose to redeem them, the demand 33 for then soon dropped o'f and finally ceased entirely.

The military operations during the later stages of the war greatly hampered the transmission of the mails west of the Mississippi River. The fall of Vicksburg and Port Hudson in July, 1863, cut the Confederacy in two. This disaster almost destroyed the mail service. For fear that the portion of the people west of the river for lack of postal service might waver in their allegiance to the Confederacy Reagan called the President’s attention to the matter ir a report of December 7, 1863. i He advised the creation of a Truns-Miscissippi Department. He said in the report:

affairs « The condition A of must be changed , or there is danger that the postal service in the States west of the Mississippi will be broken up.. But I am fully persuaded we cannot rely upon any service, vhioh can now be performed across that river, for the means of keeping the postal service beyond it in successful operation..ln order to preserve to the people of that portion of the Confederacy the necessary postal facilities, I recommend that Congress authorize the appointment of an officer to be employed west of the Mississippi, and who shall be vested by the Postmaster- General,and, if necessary, by the President, from time to time, with such powers, and charged with such duties as will enable him to appoint, remove,and instruct postmasters and subordinate agents of the Department, and make new contracts or annul existing ones, and ... to perform, generally, all such duties as may be required of him, in conformity with law,to keep up the postal service. All his acts to be subject to the final revision and approval of the Postmaster-General and of the proper accounting officers,and ducro necessary, to the approval of the Pre silent.

On the same date Mtg Davis sent a special message to Congress. He requested far legislation in accord with Reagan* * request. On December 15, Oldham reported donate bill N 0.159,.159, vhieh provided for the Wtabliehment of the Trane-Mississippi Department. It was passed January 13, and /as approved by the President February 16.

Reagan issued his next report May 2, 1864. In this he announced the organization of the Trans-Mississippi Department with Starr of Marshall, Texas, as Special Agent. Starr appointed by the President March 12. The Headquarters of the postal service in this territory ward at Marshall, Texas. The Postmaster-General dispatched W.L.Thomas, W.F. Smith, and W.P, WdgiO as assistants to Starr. The estimated expanses of i thia Department for the year ending December 31, 1864, was $165, 583.40 which included the operation of the telegraph lines for the same period at $78,250. In this report Reagan said:

» There vus an omission to extend this authoritv(franking privilege) to the of the Department appointed under the act above referred to. I respectfully recommend that the same authority, under the same restrictions, be ext ended to h im. n

The finances of the Post Office Department conctiti such e ling situations and conditions that it was a diffi* cult matter to uncerstand what was done. It was moreover no test of the financial ability of the Postmaster-General. He labored from the first under abnormal conditions. With the occupation of the Confederate States territory by the enemy, by the increase of the Confederate currency and by its later depreciation the jumble of figures which constitute the various reports of the Postmaster-General were rather meaningless* But something here should be'said to indicate the trend of affairs.

The Post Office Department under the control of the United

for States within the Confederate States was A frcg self-sup^ortior. For the year ending June 30, 1860 the revenues from all sources were $1,517,540.55 while the expenditures were $4,296,246.78, 34 thus indicating a deficit of $3,778,706.23. For the year end-

Ing June 30, 1862, the first year under the control of the Confederacy, the revenues were $1,911,189.05, and the expenditures were $2,924,290.48, showing a deficit of $1,013,101.43. WhM the montl of June .18-61 .of $43,542.57 ms added,there was a total deficit of $1,056,644. But congressional grants of the following amounts were made for the relief of the Post Office nti March 3, 1861, $320,080.36 ; August 29, $500,000 ; these appropriations and April 3, based on an estimate of the Postmaster-General of March 5, 1862. These grants total : - 9,450. 93. This would produce an excess of means over expenditures by the sum of $632,506.93 for the year ending June 30, 1362.

The report referred to above also showed the following condition of the finances of the Department for the year June 30, 1863- 1, 1863 : the receipts from all sources $1,911,189.05 the expenditures were $3,378,268.99 with an estimated deficit of $1,465,379.94. To the revenues ware added sums of congressional grants of: the balance from June 30, 1863 $683,806.93; April 3, 1863 $532,211.74 > by act of October 9, 1863 , October 13, |261,214.7R, the total grunts were $1,476,233.45. This left .lance of $11,153.51 in the Treasury for the use of the Department. But the revenues for the year were $3,337,853.01 and the expenditures,s2,662,Bo4.67, which left an excess of receipts over 36 a expenditures of $675,048.34. This better 9* ’in- than

that of the previous year. That report shows the deficit to be $1,013,101.43 less the congressional grants.

By the Constitution of the Confederacy, Article 7,Section 8, the Congress was prohibited from appropriating money from the general Treasu • -ort of the Post Office Department ✓ after March, 1863. Davis called attention to this matter in a message to Congress September 30, 1863, when he said:

n If, in your opinion, the clause of the constitution above referred to directs th>t Congress shall pass such .3 may best be calculated to make the postal service self-sustaining, and does not prohibit the appropriation

of money to meet the deficiencies, the question is one of easy solution. But,if, on the contrary, you should consider the constitutional provision is a positive and unqualified prohibition against any appropriation from the Treasury to aid the operation of the Post Office Department, if is for you to determine whether the aidficulty can be overcome by a further increase of the rates of postage or by other constitutional means." 36

In his report of January 12, 1863, Reagan directed the President 1 ® attention to. the fact that some means shoui adopted to take care of the postal situation after March, l'G3. He reminded him that.

« Unless Congress can devise some way of living aid to the mt the general Treasury, it will become neosssary, at an early date to reduce and discontinue so much of the service as to bring the cost within its accruing revenues.* And I recommend an increase of the rates of postage on newspapers to a uniform rate of one cent on each newspaper weighing not more than three ounces. M 37

Congress, therefore, raised the rates of postage on newspaper® to one cent each excepting those sent by Heers ,musiclans, and privates in the army*, who must prepay the postage* Exchange newspapers could be carried free of charge. This act Was approved April 29, 1863* This act was not in strict accordance with Reagan’s recommendations. whether this legislation

had any material effect on the decreasing revenues of the Department it is impossible to determine.

The n ostmaster-general submitted his estimates May 2,1864 for the coming vear. The expenditures estimated for the year 1884-1365, as for the previous year. He urvai Congress -*9 tn make the appropriations thich had been repeatedly promised bi I; not taken care of. By this time. Congress probably realized that the end of the rar ras near. Consequently it did not take the const i tut tonality of its proceedings seriously and granted the wishes of the p ostmaster-peneral. The acts approved June 10 t 13, ana 14, 1864, provided fully for all the • 38 of the Department. Before the curtain fell upon the scene, both

Houses enacted a measure providing for the purchase of United States postage stamps M for certain purposes’ 1 . Congress adjourned March 18, 1865. Within a month, the armies of the Confederacy ha<. surrendered and the Confederate States of America, as a government, was no more.

As a matter of fact, the operation of the Post Office Department of the Confederacy can not be. eaid to have bean a howling success any more than that of any other branch of the government. But considering that Reagan had organized it out 3 f nothing; that for a short period he had made it pay, while, under the United States Government it had not paid before, nor since,--it must be admitted that he attained some degree of success. In addition, he labored under abnormal conditions; he had little support from any other branch of the government; he had small sympathy even from his cabinet associates; all of these facts must be considered when a proper estimate is placed upon Reagan’s management of the Department. His ideas, i moreover, were sound, and his methods business-like. It is to be regretted that a man in his position could not have had a better chance of demonstrating what he could accomplish under, more favorable conditions. He closed his discussion of his work as Postmaster-General in his Memoirs with these .vords:

” I shall not forego the opportunit y—a nd I trust that my motives will not be misunderstood—to observe that there is much in these ’reports’ to suggest economy in the Post Office Department of the United States; and I dare say, from recent indulgences, that this is greatly needed. 17 28

1 Metz,?., The Postal Service of t 1 n Coe federate States of Ayerica, 10. "The following commonication was received from the Presidents Executive Department., Sarah 6, 1361. Hon* Ho veil Cobb, President of the Congress. Sir: I hereby nominate, for the xdvice and consent of the Congress, John of Texas, to be General of the Confederate States of America.. * It unani ously voted in the affirmative.”

2 .. enoirs, 110.

3 Ibid*

4 John H.Reagan to O.M.Roberts, March 6, 1381. Roberts Papers.

B lias Herald, March 20, 1961. On April 3, the Herald quoting from the Haw York Daybook,, which savs: n Judge Reagan is one of the foremost men of the South in intellect and influence. He will greatly strengthen the character of llr.Savis’s administration, can be said to be composed of first class men. f?

- The Richmond Enquirer, December 23, 1331.

Richmond Examiner „ M y 12, 1861.

8 Reagan, memoirs, 124-125. L. R. Garrison, '’Problems of the Post Office of the Confederacy,’ 1 in Southwestern Historical Quarterly. MA,III-112. ‘ UL

9 Reagan, Femeirs, 125. The Richmond Semi- Weekly Inquirer, December 24, 1861. His first assistants were: J.L . C.Danner, promoted to a clerkship in the patent Office; J.C.Bach; and 7. \ Lester, promoted to a clerkship in the Treasury Department.

10 Bejport of the Postmaster-General, April 19, 1861®

11 The Report, April 29, 1961.

12 Reagan, Memoirs, 127.

13 Ibid.

14 Messages and Papers of t:e Confederacy, J.D.Richardson, (ed.), I, 79-80.

15 Reavan, Memoirs, 128-129. Texas State Gazette, April 6, 1861.

16 Reagan , Memoirs, 130 By way of passing comment Reagan added: 0 This may sound strange now, but there was then some reason and some hope for this result, not less in the North than in the South, as I have before stated. It may appear passing

strafe that Reagan had in his public addresses and in his speeches in Congress repeatedly declared that secession of the Southern States would inevitably result fro© the continued Northern antislavery agitation, and that this movement would result in war between the sections. He seems here to be entertaining some small hope that the Peace Commissioners sent to Washington to negotiate for a peaceable withdrawal of the Southern States might be successful,and that war would be averted.

17 Reagan, Memoirs, 132.

18 Ibid,

19 Ibid.. 132-133.

Richmond Enquirers,June 18, 1861

®1 Richmond Examiner, September SO, 1861.

~T2 Ibid. ,Movemb er 20 9 1861.

2? Ibid.. June 6, 1864.

51 Telegraph (Houston),January 8, 1863.

35 Richmond Enquirer., April 3, 1331

26 Report of the Postmaster-General, November 27, 1961, p. 22.

27 Dietz, The Postal Service of the Confedemata States of America, 4-8.

28 Ibid., 4.

29 Report, November 27, 27. Ibid., 151. Dietz saiu t„at this confi dent ion ed in the Postmaster- GeneraVs Report was Major Benjamin Ficklin, a bl< . r He left Richmond October 1, and landed in England the latter part of the month. He entered i-tn a n agreement with Thomas de La Rue & Company for the engraving and manufaettof of two denominations of .tamps- one cent and five cenx- and also for the making of multiple plates for the future manufacture of stamps, and the making of one order. The vessel on which they were shipped was captured off the Bermudas. The- plates were thrown overboard. Some of the stamps were saved,probably the 3,150,030 mentioned in the Postmaster-General’s Rcoort of February 28, 1862.

30 See 7-port 3, December 7, 1363, and lovember 7, r G^rrison, 124 . Dietz, 257.

31 Richmond Pally Examiner, April 21, 1663. It said: "The issue of these stamps has already been large, and threatens to supplant the five-cent stamps, since the postage on letters has been increased to ten cents."

33 Dietz, 253. dho said that this stamp was perhaps the last one issued by the Confederate Government, and its date was about June 1, 1363. In order to understand the financial stringency under which the people were laboring at that time, it wav be interesting to quote from Dietz, 254. He quoted the Rich won.l Di spatch,, April 4, 1863, which Saidt * An Augusta contemporary states on the authority of a gentleman just returned from the upper part of North Caio .ina, that ten-penny nails are passing current there at five cents each. have no such metallic basis for currency here. Our circulation mediums are trains of corn representing five cents, and quids of tobacco representing the decimal.” This was an exaggeration, of course, but it'reflected the financial condition.

33 $* * Confederate State of 164.

34 ’M. Bilson, Postmaster-General of the United States,to John H.Reagan, January 26, 1897. Reagan .Papers. See Report of of the Postmaster-General, January 12, 1863.

- Report of the Postmaeter-Gener&l, January 12, 1363.

36 Massages an. A. Papera of Je ff e rgon Pavia, Dunbar Roviand, (ad.) 1933, V, 93-123, message to Congress, December 7, 1363. Davis said: * It is gratifying to perceive that the Post Office has been made self-sustaining in accordance with sound principle, and with the express requirement of the Constitution that its expenses should be ouid out of its own revenues after the Ist ofMarch,lB63. n

36 1bid.,V,252.

37 See Report, 6.

33 Dietz,434. He gives the acts in full.

29 Beagan 9 Memo ir s, 122.

The Cabinet and Its Problems

The Confederate cabinet was composed of a group of remarkably strong and able men. Host of them had served their res >eo tive states in the Congress of the United States. Robert Toombs of Georgia was Secretary of State, a man of M massive intellect, strong will, and of very clear and deep convictions. 5 ’ Leroy P.Walker of Alabama became Secretary of He was a talented lawyer and because of necessity was one of the hardest workers of the cabinet. C.G.Memminger of South Carolina and Stephen R.Mallory of Florida held the portfolios of the Treasury and the Navy respectively. Both of them were men of astute minds and were devoted to the Southern cause. Perhaps, the most remarkable member of the cabinet sas Judah P. Benjamin of Louisana. He was a Hebrew. He was beyond doubt the most scholarly member of Davis’s cabinet. Reagan characterized hi® as one of the best lawyers in t 1 e United States. Benjamin was at first Attorney-General, then later became Secretary of War, and 40 upon the resignation of Toombs, Secretary of State. With the

Pres! .ent, Jefferson Davis, and vice-President Alexander H. Stephens, the Executive branch of the Confederacy was perhaps the strongest intellectually that ever ruled this continent. But the conditions and the difficulties with which they had to contend were enough to dim the lustre of any body of men. The American people have never given these men the consideration which is their proper due. The world likes to do homage to men who succeed.

Reagan related that one of the first questions to come up before the cabinet after his appointment was the disposition i of the 10,000 troops which the Confederacy had under arms at the time. He suggested that one-half of the number should be placed near Louisville, the others stationed near Covington, Kentucky. The distribution he assigned as a double purpose of preventing the Federals from entering the Confederacy at this point and also to secure the adherence, if possible, of Kentucky to the Southern cause. But the other members demurred at this because of a vio-* lation of State Rights. Reagan replied that this was strictly a war measure; that the same methods were not applicable in perilous times as in times of peace and order. He was overruled by the President and the cabinet. He concluded:

« But my opinion then was and still is, that the course I recommended would have been the best for our cause.°4l

Kentucky became neutral territory; her support to the Confederacy was lost. This state became a vulnerable spot in the Confederacy through which the Federals entered the South and cut the territory in two. One can speculate, that had Reagan’s counsel been taken Kentucky might have been won over, as she had previously voted a majority of 75,000 against the Republicans, If she had united with the Confederacy the outcome of the rar might have been different.

Reagan stated that one of the most serious matters that the ever came up for A consideration of the cabinet ma the plan of campai m for 1863, n the fateful year of the war between the States® As early as November, 1862, it became evident that the Federals had in view the capture of Vicksburg and the opening of the Mississippi diver, in order to divide the Confederacy. By February, 1863, General Grant was making his preparations to get below the city. He was, by the end of April, ferrying his forces across to attack the city from the south and east. Soon there was no doubt as to his plans.

Early in the year 1863, the cabinet, with General Lee, dis cussed a plan of invading the North. The purpose assigned yas to obtain supplies and to threaten Washington, thus forcing Grant to send a part of his forces to defend that city.

These two problems were momentously grave ones. When the cabinet assembled, it realised the situation. Reagan says in bis Memoirs: « I shall never forget that scene." Most of the members favored an invasion of the North as the only solution to the problem before them. Reagan suggested his plan of procedure. He advised that information should be given out that an invasion of the North vas decided upon; the defences 1 of Richmond should ba strengthened; supplies should be collected for a siege of six months if it was thought feasible; at the proper moment 25,000 or 30,000 of General Lee’s troops should be dispatched to help Pemberton defeat Grant after he had gotten his army across on the eastern side of the river; the army under General Albert Sidnev Johnston should be sent northward either to crush Buell or to drive him north of the Ohio River. He assigned as his reasons: first, the precarious condition of the Federal finances; second, a reverse of the Union armies might strengthen the growing demand in the North for peace; and, third it would increase our prestige with England and France who were watching the struggle. But again he found himself-in the minority. The majority moreover proper way of dealing with Grant was to menace Washington and Baltimore. This would force him to send troops to defend those cities. But Reagan argued that Grant //as had too tight a grip on Vicksburg determined on his plan for this proposal to work. The result is known, the two greatest disasters of the Confederate cause happened simultaneously. This foretold the ultimate defeat of Southern forces.

Reagan wrote later:

” On reaching Washington, on my return from prison at Fort barren, in the fall of 1865, I called on Edwin M. Stanton, Secretary of Rar. In our conversation he stated that he and others of the cabinet, and also President Lincoln, expected the Confederate Government to adopt such a plan as I had suggested for the relief of Vicksburg and port Hudson, and that they had held General Grant back for some weeks. ’And,’ he added, ’if your government had adopted the policy you recommended, the war would have been very much prolonged.’” 42

tfith the fall of Vicksburg and the opening up of the I'ississippi River, and the disastrous defeat at Gettysburg, the fortunes of the Southern armies were on the wane. Until the I close of, the war the South was always fighting on the defensive. Nevertheless, the people heroically carried it on. Their morale was due to their unshaken confidence in Robert S. 43 Lee.

On June 3, 1864, the second battle of Cold Harbor

fought between Lea and Grant with armies of 50,000 and 100,000 respectively. The Federals lost about 13,000 while the Confederates lost only as many hundreds. This was due to the Confederates being protected by their entrenchments. Reagan was present at this battle. He related the following conversation that he had with General Lee in his tent while the battle was going on. It indicates the real condition of Lee’s forces:

” After passing the compliments of the day, I said to him that* it seemed that a great deal of artillery was being used. ’Yes*, he replied,’more than usual on both sides*. He added,’That does not do much harm here*. Then saving his hand toward the front, where the rattle of musketry made a noise like the tearing of a sheet, he observed: ’It is that that kills men*. He then remarked that Grant was hurling columns from six to ten deep against his lines at three places for the purpose of breaking them. Ct ’General,* I said to him,’if he breaks your line, what reserve have you? * ’Not a regiment’, he replied, * And* , he added, * that has been my condition ever since the fighting commenced on the Rappahannock. If I shorten my lines to provide a reserve, he will turn me; if I w? - ra -n my lines to provide a reserve, he will break them. 1 He also said that he had to fight and march his men without sufficient rest, and that exhaustion and the want of vegetables had caused the loss of more men titan the bullets of the enemy. He said that he had advised them to substitute the buds of sassafras and of grapevine , but that this was a very poor substitute.” 44

During the month of March, 1865, the condition and position of the Confederate armies under Lee and Johnston became most critical. Lee was endeavoring to maintain the defenses about i Richmond with a thin line about thirty miles long with a force which barely n sufficed for a skirmish line”. He communicated with Johnston on March 11 advising him to keep the line to Raleigh open, and said, "Should you be forced back in this direction, 45 both armies will certainly starve.” Lee’s situation continued

to become more critical. He repeated the substance of the above dispatch on March 15 and insisted that Johnston do- his utmost to keep the line between them open. He further said:

{i that if I contract my lines as you propose, with the view of holding Richmond, our only resource or obtaining subsis-t-er ne- nil be cut off, and the cit be abandoned . whereas, if I taka a position to maintain the road, Richmond will be lost.* 1

He continued that he would maintain his position as long possible and if he had to abandon Richmond, he would strike out in the direction of Danville. Grant also saw the importance of this route and soon put himself in Lee 1 ® path.and,forcing him into a position north of the Danville road, cornered him at Appomattox.

On April 2, Lee be man his withdrawal from about Richmond and commenced his retreat to the east to unite with Johnston. Reagan.stated that he was at the War Department when two dispatches were received from Lee advising the Secretary of his plans* He i started at once to bear the news to Davis and, on his ray to the Mansion he net the Preseident and F.R.Lubbock. They were going to church. Here 'the President received his first information of Lee’s evacuation of Richmond. He wrote, however :” In the forenoon of Sunday, April 2d, I received in church a telegram announc-46 ing that the army would retire from Petersburg that night.«

Referring to this statement by Davis Reagan said that his information beins* unofficial was considered by him as unauthorized,but nevertheless, his announcement ms the first that reached the 47 President.

President Davis assembled his cabinet. They were met by Rjhn Letcher, Governor of Virginia, and Mr. Mayo, the Mayor of b e Richmond. The principal matter to A deciaed on was the disposition of the public archives. Most of the Executive documents, said Reagan, were burned, but the important papers of the Post Office Department had been sent away in the care of an employee and thus escaped the flames.

Reagan gave a good description of the fall of the capital: * it foreshadowed the fall of the Confederacy itself, and the gloom which pervaded all ranks of society was appalling. The pen of man cannot be dipped in ink black enough to draw the darkness of that night which fell over Richmond. Throughout the city reigned a quiet, undemonstrative confusion, such as the realization of the inevitable draws with it —hardly a soul in all the capital found rest in sleep.. I like not to recail the terrible tenseness of that one night with the awful message it bore to the Government of the Confederacy» tt 4B

President Davis and his cabinet left Richmond about midnight on Sunday and arrived at Danville on the morning of April 3. The carty remained there for several days, protected by a 49 small force under General H,H.&alker. On April 11, the company

arrived at Greensboro , North Carolina. Here the President decided to call both Johnston and Beauregard to confer with them as to the true condition. Davis also directed a cabinet meeting to take place the next morning, Thursday April 13, at which he 50 invited t e commanding officers to be present.

The meeting took place at the residence of Colonel John staff. Taylor wood, a member of the President’s A Reagan sail of this meeting:

« Our meeting at Colonel Wood’s home the next morning jvas one of the most solemnly funereal I ever attended, as it was apparent that we must consider the probable loss of our cause. When we convened, a general conversation ras indulged in for some time. No one seen ad disposed to take up the business for which we were assembled. With feelings I cannot veil describe, I stated that if we were to proceed as in a counsil of war, where the youngest spoke first, I was prepared to give my views. The President and the other members of the cabinet suggested that I should proceed. I then proposed in substance, as bases for negotiations for peace with the enemy, the following:

I. The disbanding of the military forces of the Confederacy.

°II. The recognition of the Constitution and authority of the Government of the United States.

’’ill. The preservation and ocntinuance of the existing State Governments.

“ IV. The preservation to the people of all their political rights and the rights of person and property secured to them by the Constitution of the United States and of their several States.

ff V. Freedom from future prosecution or penalties for participation in the present war.

(t VI ♦ Agreement to a general suspension of hostilities pending these negotiations. 0 51

The President and the members of his cabinet who ware present commended these. suggestions with t caption of Seorei tary of State Benjamin, who expressed a contrary opinion. He was in favor of continuing tie struggle. Johnston said that Benjamin made a speech for war ” much like that ofSempronius in Addison’s play”. General Johnston was, therefore, instructed by the President to present these terms to General William T. Sh e r l an.

Johnston at ones entered into negotiations vlth She nr an. A conference was arranged for April 17, a Jr. Bennett’s house, near Durham Station, North Carolina. This meeting, however, was an informal on®. Another conference wb held on the following •lay, in which both John o.Breckinridge, Secretary of "b.r, and Reagan participated# Reagan was the representative erf the Pres- . The terms which Reagan had expressed in the cabinet meeting at Wood’s house were reduced to writing and were presen-52 ted to Sherman as a basis for an agreement. Sherman used Rea- Gan 1 3 draft as a model for his own. Besides the omission of the preamble of Reagan’s draft, the most important change was the limitation of the powers of the National Bxeoutive, with no suggestion or promise of what Congress or the Courts might do in 53 the matter.

The papers bearing the results of the conference and the ter »3 granted to the Confederates were forwarded by a special messenger to Washington. Here they ware disapproved by the author ities In toto. On April 21, General Grant sras instruct •• >y the Secretary of T a r, Stanton to advise Sherman that the terms could 54 not pocsibly be approved.

On th® morning of April 24, Grant together with Major Hitchcock, Sherman’s messenger to Washington, arrived at Raleigh, "unheralded and unannounced’* to take over the proceedings, and 55 to arrange the terms for the negotiating parties.

Early on the morning -of April 34, Johnston had telegraphed Secretary of l%r ' Breck inridge that Shermn’a mwssnger from Washington was expected to arrive at any time and that he should be ready for immediate action. But the Secretary of War bad gone to Charlotte, about eighty miles from Greensboro to attend the last regular meeting of the Confederate cabinet* This meeting had been scheduled for April 33.

At this meeting, President Lavi 9 submitted two questions:

Ist., whether the Shaman-Johnston agreement should be ratified by the Confederate Government; 2nd, if so, in what way should it be done. The cabinet were unanimous in their opinions that the Southern cause was lost and in favor of the "basis”. The members y/ere requested to present their views in written form. Banjamin’s, Reagan’s, and Attorney-General Davis’s were dated April 22, Breckinridge’s April 23, and Mallory’s letter, April 56 24.

All agreed with Mallory, who put it tersely: ’’But the Confederacy is conquered; its'days are numbered.” Benjamin stated that the tersm were not, in his opinion, dishonorable, but "exactly what the victor always requires, the relinquishment of the foe of the object for which the struggle was commenced. 8 Further on he expressed the prevailing sentiment of the cabinet when he stated that 8 the States alone can act in dissolving the Confederacy and returning to the Union according to the terms of the Convention.

Reagan was among the first to reply to the queries of the President. He ms thoroughly familiar with the situation. He hud outlined the terms for the negotiations between Johnston and Sherman, and had been with Breckinridge at their first conference., the exception of the latter he was more thoroughly informed

of the matter at issue than any other member of the President’s official advisors. For this reason his advice to Davis had very great weight with him.

To the first query, Reagan replied in a similar vein as did hie cabinet associates. He discussed the situations in all its phases. In conclusion, he pointed out the hopelessness of further resistance to the Federal forces. But he seemed to take comfort in one point both interesting and amusing: namely, the i question of slavery. He said:

« It is also to be observed that the agreement contains no reference to the question of slavery, requires no concessions from us in regard to it, and leaving it subject to the Constitution and lavs of the United States and of the several States just as it was before the war.”s7

To the second interrogatory, Reagan informed the President that, in his opinion, he would be acting without constitutional sanction in an acquiescence. All such matters, he thought, should be referred to the individual States for its separate action. But to do this ’hinder the peculiarity and necessities of the case" would, he believed, cause them to lose "material

advantages provided in the agreement.” Ha was of the opinion, moreover, that the President could obtain better terms than could the individual states; consequently he counselled an immediate acceptance. Further, he advised that a special provision be made, if possible, in the agreement, looking to the withdrawal of the Federal troops from the South excepting some small garrisons for purely protective purposes. He also counselled the President to see that the Confederate debt be combined with that of the j Unite . States abd both should be paid in common. He concluded his Letter with a paragraph which breathed defiance and very probably influenced his chief in his future course of action. He said:

« But if the terms of this agreement be rejected, or so modified by the Government of the United States, as to refuse a recognition of the right of local self-government and cur political rights of person and property, or so as to refuse amnesty for past participation in the rar, Bn it will be our duty to continue the struggle an best . we can, however unequal it ray be; as it would be batter and more honorable to waste our lives and substance in such a contest than to yield both to the mercy of a remorseless conqueror.” 58

On the afternoon of April 24, President Davis telegraphed Johnston his acceptance of the terms of the agreement nrooosed 59 ' in the

Within less than of the receipt of the President*s message, Johnston had before two dispatches from Sherman. The first of these notified him that the terms of the Convention had been disapproved by the authorities at Washington,and that he demanded the eur. H rr of his army on «the same terms as were given General Lee at Appadattox on April 9 instant, purely and 60 simply*. The second of these communications reminded him that

the truce agreed on between them would expire within forty-eight hours and that, unlens he surrendered the forces un her his oom-61 mand, hostilities would be resumed.

On April 25, Johnston advised Davis of the turn of affairs ated that he did not believe that his men would fight again* And he considered it the best policy to yield under the circumstances. Ho urged the President and his cabinet to n mova with-62 out the loss of a moment* to a place of safety.

Johnston surrendered his army unconditionally to Grant, who had assumed control. With this surrender the collapse of the Confederate government was complete. But even then Davis did not wish to abandon the contest. He entertained hopes of escaping to the west and continuing ths struggle. Reagan said that he and Breckinridge advised the President to make hie way to the coast and to tak a vessel to the Rio Grande, where he and Breckinridge would meet him. He said further that their hope >as to assemble the forces of Wade Hampton and to make their way to Texas and join Kirby Smith. He thought that they might have as many as 60,000 men, and could move out on the plains where they could not be flanked by railroads or rivers, and could hold out until they could get better terms than an 63 unconditional surrender.

40 Reagan, "'empire, 108. Following th® war Benjamin went to England, where he became famous for a treatise on s n . He was made Councillor to the Queen shortly before his death in 1884. Reagan tells in his Memoirs, 168 a story of Benjamin. He said: "I had invited the members of the cabinet to dine with me. Among the dishes on the table was one of fried ham and ergs. Knowing that Mr. Benjamin, the Secretary of State,was a Jew, I was perplexed to know'whether I should offer them to him. But to my relief he told me that the night before a burglar had broken into his smoke-house and stolen all of his fine hams.”

41 Ibid., 147.

42 Ibid., 150-153.

43 Ibid., 139. Reagan relates an incident of General Lee that is worth recording. At an early stage of the war. General NcClellan was pressing General Joseph 3. Johnson closely even to the environs of Richmond. The situation was desperate. President Davis called in Lee to discuss the militaru situation with the cabinet. The suggestion of abandoning the city was made. With deep emotion Lee exclaimed: ’’Richmond must not be given up--it shall not be given up.” Reagan said: "As he spoke the tears run down his cheeks. I have seen him on many occasions when the very fate of the Confederacy hung in the balance; but I never saw him show equally deep emotion.”

44 Ibid. 139-140. Reagan said: ”And thus situated in the midst of a great battle, he was calm and self-possessed, with no evidence of excitement; and in his conversation showed he was thinking of the condition and wants .of the brave men under hie command, as well as guarding with invincible courage the besieged capital of the Confederacy.” He further said that General Lee’s daily fare was a head of cabbage boiled in salt

water, sweet potatoes, and a "pone" of cornbread. He then said: " This shows how the greatest general of the age consented to live and suffer privations in the struggle for justice to the people he was serving... I can but feel that God made him one of the bravest, bast, and most patriotic, as well as one of the greatest of men."

45 Official Record, XLVII, pt. 3, p. 1372.

46 Davis, Jefferson, Rise and Fall of the Confederate Government,

- Reagan, Memoirs, 197.

48 Ibid., 198.

49 . ■ ■ ■ Record, XLVII, pt. 3, p. 750.

50 Johnston, Joseph E., Johnston 1 9 Narrative, 397-400.

51 Reagan, Memoirs, 199-200.

52

Butler, 8.F., Butler’s Book, 910-913, Boston, 1892. Cox, J.D., Reminicenoes of the Civil 7 ar, 11, 434, New York 1800. Official Record, XLVII, pt.3,p.213. A preamble was added to the terms as first presented by Reagan, as follows: M As the avowed motive of the Government of the United States for the prosecution of the existing war with the Confederate States is to secure a reunion of all ths states under one common government, and as wisdom and sound policy require that a common government should rest on the consent of and be supported by the affections of all the people who cor pose it, now in order to aseertain(sio) whether it be practicable to put an end to the existing war and to the consequent destruction of life and Droparty, having in view the correspondence and conversation which has recently taken place between Major General W. T. Shearman(sic) rself, I propose the following points as a basis of pasification ( sic) ; General Johnston will see that the accompanying memorandum omits all reference to details and to the necessary action of the states an J the preliminary reference of the proposition to General Grant for his consent to the suspension of hostilities, and to the Government of the United States for its action. He will also see that I have modified the Ist article, according to his suggestion by omitting the reference to the consent of the President of the Confederate States, and to his employing his good offices to secure the acquiescence of the several States to this scheme of adjustment and pacification ssio). This may be done at a subsequent time. April 17th./65 .. John H.Reagan.

53 ■Sherman t M. , Manio 1r s, 11, 356* Cox,J.D. , Rem ini aceneea* 11, 484.

54 Official Records, Ser. I, XLVII, pt. 3, pp. 263-384.

55 IMa* , Pt * 3 , p. 286 ♦

56 Ibid, pp. 821, 823, 827, 830, and 830. Messages and Papers of Jefferson Davis, V 1,569-585.

57 It is difficult to understand Beagan. He bad attended the first conference . The question of slavery vac discussed and was admitted by everyone present to be a dead issue. Sherman telegraphed Grant April 18, immediately following the first meeting: "Both General Johnston and Secretary of war Breckinridge admitted that slavery was dead, and I could not insist on embracing it in such a paper, because it can be made with the States in detail*"

58 Reagan, 207 «

58 Cfflola.l Record, Ser.l, XLV11,pt,3,p.834.

60 Ibid., 233.

51 laid. 9 294.

62 Ibid*, 8- 8 •

63 Reagan, Memoirs, 218. Lubbock, Memoirs, 565.

The Grand Finale

Johnston had advised the Presicent and his party to leave Charlotte without delay* He knew that he would be unable to protect them after he had surrendered his army. Aside from this the news of Lincoln’s assassination had created a considerable stir among the people. They were afraid to extend any hospitality

cons idered to the President and his party for fear of sympathy -.rith the crime. If the people were not openly hostile toward the officials they ware decidedly cool and undemonstrative. They evidently wanted them to leave. As a matter of fact, Davis had perceived this attitude of the people upon.his arrival and for this reason he established his headquarters in a baggage oar which he seldom left during his stay there.

The President and his cabinet left Charlotte in the afteri noon f $ll 36 with an escort of about 3,530 cavalry. They directed their course toward the south. Their criminal plan was to effect a juncture with the forces of Generals Forrest and Taylor and,if they found it a feasable undertaking,to attempt an escape across the Mississippi River and to continue the contest further.

The President and his entourage had ?one about twenty miles from Charlotte man the Secretary of the Treasury Trenholme became ill. He desired to return and thereupon tendered his resignation# The President called his cabinet together at once to choose a successor. Reagan /as the one chosen to fill b g the vacancy. Reagan happened to 4 absent from this meeting upon His return the President notified Mm of Ma election to succeed Trenholme. He objected to taking charge of this naw office but because of the earnest solicitation of the President he accented. In speaking of this cabinet meeting, Reagan said:

w I remember our last cabinet meeting very well..lt near the boundary of the two states. North and South Carolina. It was under a big pine tree where we had stopped to take some lunch. Mr.Trenholme, the Secretary of the Treasury was absent.. The resignation of Mr.Trenholme was discussed, and it was finally accepted, and I was selected to take charge of his portfolio in conjunction with that of Poatmaster-Ceneral* I remember on that occasion, when I requested to be relieved, from that additional duty, Mr.ravls said:* You can look after that without much trouble. We have concluded that there is not much for the Secretary of the Treasury to do, and there is but little money left for him to steal. * H 64

The President was correct in his statement about the condition of the Treasury Department. Reagan said that Trenholme had advised hl® that there was in th® Treasury bet '-w and $700,000 in Confederate Treasury notes, about $85,000 in gold coin and bullion, about $35,000 in silver coin,and about $36,000 in silver bullion. In all in gold and silver coin and bullion. The Treasury was in such bad shape that no one seemed

to bother himself much about the matter.

The funds were being conveyed in wagons commanded by a small contingent of cavalry under the direction of the Secretary of "ar, Breckinridge. Upon nearing Washington, Georgia* the

guard became acquainted with the contents of their train and begun to clamor for a part of the money, threatening to use 3 force to obtain it unless their demands were heeded, Thereupon,

a, distribution -as ma-le at the order of the Secretary of

‘Vile the party was encamped at Washington, the matter of transportation of the huge boxes containing the Confederate paper mon>y mt up for consideration. It was agreed between Reagan and the Secretary of War that it was useless to carry the money further- So they decided to destroy it. Reagan said:

” After conferring with and securing the approval of the Secretary of War, I ordered this money to be brought to ary hotel, and, having caused a good weed fire be made in the wide fire-place directed the Acting Treasurer to burn it, which he did under protest. The last I saw of the silver bullion, said to amount to about a Confederate commissary by the name of Moses ras having it thrown into an open warehouse on the square in Washing- 67

"hen the party had reached Abbeville, South Carolina, thev learned Vat Federal cavalry were operating in neigh- borhood of Washington,Georgia, making it unsafe to proceed further. Here the party remained one night and, during the time, it was decided to come to some understanding as to the best course to pursue. Secretary of War Breckinridge asked Reagan what, in his opinion, was the best'plan, expressing himself in favor ofcontinuing the original plan of making for the west as fast as possible and to continue the war. But Reagan replied:

” General, you cannot do that now. Since we submitted that plan, I have gone among the soldiers at night in citizen’s clothes and heard their talk. They are saying that the war is over and that they are going h0me...1 think you will find that you can take only such men as are personally attached to you.” 68

The President convened a council of war of the various commanders of the escort with General Braxton Bragg and Secretary 69 of War Breckinridge to determine what to do in the emergency. ’

Ths President urged a continuation of the war but the Secretary of 'Mr and the cownders were unanimous in their decision that future resistance was useless as the men considered the war over. This announce ent was so much at variance with the opinions of

the President that, upon hearing it, he almost collapsed, saying bitterly that now all hope was gone. He arose to leave the council table but staggered and slumped into his chair. He was assisted by the Secretary of War to leave the table. Leaning heavily uoon the Secretary 1 s arm Davis ms led weeping* from the 70 ■ room.

This settled the issue. No?/ there was no hope and, so far as the Confederacy was concerned, it was no more. From this time forward, each one of the party had to shift for himself.

Secretary of State Benjamin decided to abandon the party. > Reagan enquired where he was going. "To the farthest place from the United States," he replied emphatically," if it takes me to the middle of China." He made his way to the coast as a foreigner by the name of "French" Benjamin because of his ability to speak 71 that language perfectly. Breckenridge, Secretary of War,also

escaped at the same time, making his way with Benjamin to Cuba, Where he took passage to Canada, while Benjamin went to England. Reagan, however,’ the remaining member of the cabinet, determined to stay with his chief. President Davis whatever might come.

The pcirty passed through Washington without coming into contact with the enemy’s cavalry which had been reported to be scouting in the vicinity. Moving toward the south, they finally reached the Oconee 31ver. Here President Davis learned from a scout that a large party was travelling almost parallel with them about twenty miles to their left. From the description Davis believed that the party was that of Mrs. Davis. He, with a small escort, made of at once during the night to find the co pany and about morning came up with them. His information proved to be correct. The next day, the President and his escort left Hrs• Davis but, because of a rain, which had made the roads difficult to follow, they lost their way and after wandering about, came up with the party they had left early in the morning. They struck camp about two miles below Irwinsvills, Georgia, where they were captured the next morning,May 10, just about daybreak, during a shower of rain.

Lubbock gave a good description of the capture. He was a member of the President’s staff. He said that the Federals came upon them like a bunch of freebooters, scarcely giving the order to surrender, before they were pillaging the camp and insulting nearly every member of the party. He said°a private stepped up to the President, and rudely asked,* m ell, Jeffy,how do you feel now?’ 0 Concerning the capture, Reagan added:

« The major of the regiment reached the place where I and the members of the President’s staff were camped, about one hundred yards from where the President and his family had their tents. When he approached, I was watching a struggle between two Federal soldiers and Governor Luboock. They were trying to get his horse and his saddle-bags away from him and he was holding on to them and refusing to give them up; they threatened to shoot him if he did not, and he replied ( he was not as good a Presbyterian then as he is now) that they might shoot him and be damned, but thas should not rob him while he was alive and looking on. I had my revolver cocked and in my hand, waiting to see if the shooting was to begin,”72

The prisoners were taken by way of Macon, Atlanta, and Augusta to Savannah. Phile they were at Macon, Reagan requested Colone Pritchard, who had them in custody, to permit him to have some clothing which had been taken from him on his capture. The cxtning had been carried in his saddle-bags. The Colonel disclaimed any knowledge of taking them. Reagan reminded him that he had them in his possession at the time, for some of the officers had told him that Pritchard had examined their contents. Reagan replied to the Colonel that ’’since you question the fact I will not put them in your power by giving their names. But it does not look, well for a colonel of cavalry in the' United States 73- army to steal clothes.”

During the stay at Macon, President Davis and his staff with Reagan were entertained at the home of General and they were treated with the greatest courtesy. Reagan evidently impressed Wilson for he telegraphed Secretary of War, Stanton that ”Mr. Reagan behaves himself with becoming dignity and resig-74 nation”.

The prisoners were sent May 19 to Hampton Roads by the order of the war department. Here Reagan and vice-President Stephens were transferred to the "Tuscarora 0 and carried to Fort Warren in Boston Harbor.

On reaching Fort Warren Reagan said:

” I was taken to my room about ten o’clock in the morning by an officer of the fort, and was told, that I must give up what weapons of offense or defense, and what money I had. I turned over to him about two thousand dollars in gold, remarking that as I had only a pocket knife and was a great whittler that I might be allowed to keep my knife for company. Ha said that he feared not. I added that I had taken a pretty good survey of the situation as I came in, and saw that I had passed through two heavy barred and bolted gates, and that there appeared to be a strong garrison in the fort, and that the fort was about four miles from land, that I did not think I would attack the garrison with my little congress knife. This brought him to a laugh and I /as allowed to keep it. ”75

Concerning his treatment, Reagan gave a good description, and caidt

« About two or three o’clock this sergeant cam® into my room with a tin plate and a piece of dark-looking breadand darker looking piece of meat, and, placing them on a little pine table, sail,’Here 19 your day’s rations.’ I ms reading a newspaper and rale no response, for I had nade up my mind that nothing would cans to I let it get there. And about the same time the next day the sergeant brought and set on the table another plate just like the first. I did not intend to starve myself to death, but I intended to see how long I $ il live without eating; for T felt the purpose of it vas to insult me. On the next morning the officer inquired whether I M 3 cick. I told him I was well, and said, ’You have my money, can I not buy something fit to eat?* He replied that he supposed not; but added that he would see the post commander**76

The post oo .vanier soon gave him permission to use his money to purchase such necessaries as he nec ip ~z 1 top him in- good health. He continued in a good atate of healtl during hie con fi n an t.

lon of Staphens’; 8 health, knowing that he frail and delicate; and that he fculd •SOB gi - ■ o- z' "■ '.train oon f Insf in the roas .■- coupled* Stephens was confined in a room underneath round surrounding the fort, with a small window* at the top opening with the walk ♦ The officer, however,. refused & answer B@agan*e questions* As I >rlsonere were permitted to axeraise on the outside only hal* an hour each day, he soon found Stephens was confined, and the officer permitted them in sassing to engage in a hurried conversation. In this way he touli know from day to day that Stephens was still alive. For so.-e reason, at the end of three months President Andrew Johnson ordered Reagan and Stephens be granted the privilege of taking their meals together and of the ’’liberty of the no st between reveille and retreat -when there were no visitors on the 77 i stand. ”

During his confinement, among his viators came George H.Paschal of Austin. October 3, Paschal on a pass fror the Secretary of War, was permitted to visic both Reagan and Stephens for the entire day. He remarked that hot be s te -hans grew up in the same neighborhood in Georgia, and that he and Raagaa had served In the same canvass against the ” Republic cans-African slave*seesasion issue; and I c remem- bared political differences against them if I would. He continued:

■ excellent health, I may say robust. His face is a little bleached by close confinement; his fi saeas to have expended and his whole physique to have gained new strength. He was cheerful and took a ore philosophic view of his situation than epul I one man in a thousand under like circumstances.«

Paschal stated that Reagan spent much of his time reading which had matured wall; that he had written his memoirs, and some essays on government. He mentioned an address to the people of Texas which Reagan had written which advised his people what to do. He complimented the matter and stated that Reagan had given some wholesome advice.

Reagan and Stephens wore 'paroled October 11. After attending to business in Washington and Richmond Reagan reached home the latter part of December, 1865.

One of Reagan’s distinguishing characteristics ms his steadfast faith and confidence in his friends. Through good or evil fortune he remained. the loyal and abiding friend to his fallen chieftain. President Davis. Wien Davie had been accused of having abetted the assassination of Lincoln, Reagan appealed to General to permit him to go with Davis to prison, saying that he might be of some service to the frail and disconsolate prisoner. He was warned of the danger of making such a request. Reagan replied to Wilson that he and navis had entered the contest together and that he was willing to end it with him what-78 ever that and might be.

S.R.Mallory, Secretary of the Navy, like Reagan carried on to the end* Sis description of Reagan is a good characterization the man. He said:

« glance at dudge Reagan, Postmaster—General, was sufficient to show his deep anxieties. Silent and somber

his eyes as bright and glistening as beads, but evidently seeing nothing around the®. How whittling a stick to the little end of nothing without ever reaching a satis factory point, he sat and ruminated in evident parplexity. ' The Confederate States did. not embrace, a bimmer-hearted man, or a more conscientious public servant Shan the Postmaster-general. And the solution of t e problem of keeping up the mails while the enemy had all the lines of communication, was evidently bothering him.” 79

64 Reagan, Memoir 3, 309. Lubbock, wchoirs, 565.

65 John H.Reagan to Jefferson Davia, February 1~, 1878, in = ■-'h : and r o£ Jefferson Davis, VIII, 113.

66 Reagan, ?I empire, 214. C.G.Dibrell to IT. Ilth&ll, April 3, 1878, in Messages and Papers of Jefferson Davis, VIII, 's* Dibrell said that $103,013 in coin Jas lisTriwted to the ran under his command, each man and officer sharing alike, an 1 receiving |26»35; and that there were no threats on the part of hie Ten, but only requests that arrears be paid.

67 ’-316.

68 Ibid., 213.

69 Lubbock, Memoirs, 566. Lubbock said that Generals Dibrell, Duke, Ferguson, Vaughn,and Breckinridre( were present.

70 Ibid*. 567.

Reagan, Memoirs, 211. Lubbock, Memoirs, 566.

72 Reagan, Memoirs, 219. Lubbock, Memoirs, 589. Lubbock said: ” My good friend Reagan, God bless him!...stood with his hand under his coat on his sixshooter, to take a part if the miserable fellows who tried to rob me after I was captured had attempted to kill me, as they threatened.”

73 Reagan, Memoirs, 222.

74 Official Heoord3, Ser.l, XLIX, pt.2,p.743, May 13, 1865.

75 Reagan, Ifi rs, 222-233.

76 Ibid*, 323.

77 Ibid.. 224.

78 Reagan, Ira, 231.

79 Mallory, Stephen H., The Wet Daye of the Confederacy * in XVI, p. 104, 1901. i

CHAPTER VII Reconstruction and Restoration

Plans for Readjustment

The surrender of the Southern armies could have but one meaning, namely, the confederate Government, as a separate independent country, "as a matter of past history. The theory of secession as a remedy for Southern political ills had been tried out on the battle field. It had failed. The South had appealed to the arbitrament of war and had lost. Now there but one course open to them. They must submit to the terms of their conque ro r s Imme ri at aly.

uan the smoke of battle lifted, the Southern soldier . returns sms to find devastation and ruin everywhere. He found homes wrecked, farms and fences gone. The country had no money or credit. The distructlveness of rar Tas apparent everywhere.

« What does he find,* inquired the incomparable Southern orator, Henry W.Grady, addressing a Northern audience on the New South, * having followed the bat tie-stained cross against overwhelming odds, dreading death not half go much as surrender, when he reaches the home he loft so prosperous and beautiful? He finds his house in ruins, his farm devastated, his slaves free. Me stock killed, ’his barn empty, his trade destroyed, his money worthless; his social system, feudal in its magnificence, swept ajj his people without law or legal status; his comrales slain, an I the burden of others heavy upon his shoulders. Crushed by defeat, his very traditions gone| without ey, credit, .cyment, material training; and besides all this, confronted with the gravest problem that ever met human intelligence—the establishment of a status for the vast body of his liberated slaves.” 1

which * e <tetas A dld not lie in the immediate neighborhood of the Jar tere not so badly devastated. Texas, as a matter of fact, had escaped devastation. This, of course, was due to the fact that the state lay to the west of the actual theatre of war. remarked in his Remini sconces that

* During the four years of the war, Providence had favored Texas with good seasons, and bountiful crops had been made by the faithful slaves, old gen and 'boys, that were not in the army. At the break-up of the war in June, 1865, there was a good crop nearly cultivated and matured.. The people went to work with a will to build up again their dilapidated homes and wasted fortunes.” 2

The wrk of reconstruction in the South centered about three major pro lems, which were the cause of political whirlwinds for almost a decade. In the matter of reconstruction the problems of paramount importance to the North were political and constitutional. The North had to establish some form of government for the conquered Southern states. In the South, onthe other hand they were largely social, economic,and industrial. The slaves were freed. This fact out short the supply o* labor. But the greatest and most perplexing question was the social status of the liberated negroes. The North, of course. Was

in a superior position to deal Tith the situation. This section had won. The South, on the other hand, was forced to trim her sails according to Northern whims. , .

The major questions that projected themselves to the front demanding immediate adjustment were: First, what was to be t.e political status of all those who had participated in the rebe?lion, or later the Amnesty question? Second, what was to be the political status of the exceeded States? Had they actually seceded or, as President Lincoln had put it, '-’been merely abroad"? And Third, what was to be the status of the four million of freedmen, emancipatel by the war? And how should they be provide for them until they should be able to take care of themselves.

LinoGln’s . rt-n sas sane, and etaWammli a* He his program before the war had ended. December 8, 1863, he issued hie famous proclamation. In grant this he stated that he to all participants in the rebellion, except certain classes, whom he held responsible for the war. He further agreed to restore in full all property to the Southern people, except the property of slaves. In this proclamation, he had nothing to say upon the question of franchise. He did, however, in the R Louisana plan”, written in a private letter to the Provisional Governor, Hain, express himself in favor of a limited negro franchise, namely to those negroes who had fought for the Union and those intelligent enough to exercise the privilege.

Lincoln moreover desired to reconstruct the Southern States as .rapidly as the Union forces cleared the field. He wished further to give the control of the States over to the loyal whites. To this end he evolved what is knom an his according to •ten per cent* plan. A this plan was whenever it evident that there existed in any of the seceded States a number of male white voters equal to ten per cent of the number voting for president in 1860, he would permit them to set up the governmental machinery, then the State -vould be allowe; to 3 function in its'normal way. But he was averse to persecutions of the Southern people and the confiscation of their property.

In his cabinet meeting, he said:

" I hope there will be no persecution, no bloody vork after the War is over. No one need expect re to take any part in banging or killing the man, even the *orst of them.” 4

In a speech on April 11, just three days before his death, Lincoln declared that the States had not been out of the Union. Thev had been out of their proper relation -'ith the Federal Government. He said that it was the duty of the government, both civil ana military authorities , to bring them back, "Finding themselves safely at home”, he remarked, "it would be utterly immaterial whether they been abroad.

Rewarding the punishment of the Southern leaders, it is interesting to know that he stated to General Sherman that he might permit President Davis and his staff to escape if he could 5 do so “unbeknownst to Stanton”.

As a constitutionalist, Lincoln declared in his first inaugural address that he had no right to interfere with slavery. This was an exclusive matter for the- states to deal with; and as * that it he gave for the Emancipation Proclamation A was his desire to break the power of the South by freeing their slaves. This was then purely a war measure.

Andrew Johnson succeeded Lincoln. He was far different in temperament and training from his predecessor. He was impatient, obstinate, narrow-minded, and utterly. tactless. one historian has aptly expressed it, “Johnson was beaten from the 6 day he took the oath of office.”

Johnson entertained opinions similar to Lincoln’s. ”our government is to be a perpetuity”, said he, April 21, to an Indiana delegation, “there being no provision for pulling it down. And the States”, he continued, “move around it like planets about the sun, receiving their light, heat, and motion from it.” A State may be in the government “with a peculiar

institution, and by the operation of rebellion lose that feature. 7 But it was a state before, and it is a state now. 8

Regarding the instigator© of the rebellion he gave no assurances to them. He continued moreover to breathe n fire and hemp 0 . To a lew Hampshire delegation on -the day- he declared:

» Treason la a crime and must be punished as a crimethousands have been involved in this rebellion who are only technically guilty of the crime of treason. They have been deluded and deceived, and have been made the victims of the more intelligent, artful, and designing men, the instigators of this monstrous rebellion. To the others I would accord amnesty, leniency, and mercy.”B

Regarding the status of the freedmen he entertained Lincol 1 s views. A colored delegation called upon him April 21 and requested that the negroes be guaranteed perfect equality before the law, and a protection in those rights. To the Chairman Johnson said: ” I fear that the colored men do not appreciate that 9 they have friends on the south side of the line.”

Oft May 29, Johnson leaned his Amnesty Proclamation. This exclude fourteen classes from the benefits of its provisions. The thirteenth class that was -excluded was those possessing 10 wealth of property worth in value #20,000 and above. 1 *

But the excepted persons might f ake special application to the President for pardon with the assurance that B such clemency will be liberally extended as may be consistent with the facts of ' 11 the case and the peace ana dignity of the United States.«

The President appointed provisional governors for the Southern States. The duty assigned to them required that they assemble conventions for the purpose of changing the State • constitutions 30 aw to conform to the fundamental principles of the Freaident*a plan of reorganization.' The requirements of this plan wore three in number, namely : (1) the repeal of the ordinance of secession or declaring it null and void, (2) the approval of the emancipation of the slaves, and (3) the repudiation of the debts contracted by the Confederacy.

Johnson, ilka his predecessor, doubted the advisability of conferring the elect! e franchise on the slaves or ne s freedmen. He held this right belonged to the States. In his telegram to Sharkey, provisional government of Mississippi, during the meeting of the constitutional convention, he advised giving the

franchise to those negroes intelligent enough to read and write and to those having property valued at not less than §350. This was a political "coup de main”. "By doing this”, he said, "the radicals, who are wild upon negro franchise, will be completely foiled in theii* attempt to keep the Southern States from renewing their relations to the Union by not accepting their Senators 12 and Respresentatives. tt

from During the period A May 29 to July 13, the President had appointed Provisional Governors for all the Southern States so the reconstruction program went on apace. June 17, Anirew J. Hamilton was appointed provisional governor of Texas. By the when close of the year A Congress assembled, the President’s plan had about been just about completed.

On May 28, 1865, while confined in orison at Fort Warren, Reagan addressed a long letter to President Johnson. In part he said,

B I do not forget that I am a prisoner in confinement and subject to the power of the Gov rnment, and that you are the President of a great and powerful nation, holding my ultimate destiny in your hands. But I think I know enough of you to warrant me in the belief that you will hear me as a man, pleading the,cause of humanity and of our country’s future, and oonslHr W<Ft I have to say may not go to show that a human ana merciful policy on the part of the Government, in the disposition of the great question under consideration, will not be more wise, more jus, ana more conducive to the public good, for the present and the future, than a harah, relentless, and vindictive policy."

Reagan argued that a fraternal policy toward the Southern people would be the best. ” It is the surest, and the ( nickest,” he maintained,” and the cheapest way to permanent pacification of the whole country, and to its happines and prosperity.” Then ..eaga_ ,c to catch Johnson’s ear, remarked:’’the adoption of this policy could not fail to exalt your name and fame to the highest point as a statesman and philanthropist.”

Reagan doubted the wisdom of the Borth in requesting the enfranchisement of the freedmen as a step in the reconstruct ion of the South* He continued:

” »ould this be attained b. the sudden enfranchisement of three or four millions of blacks, whose capacity for selfgovernment has yet to be tested, and by the disfranchisement of double the number of whites, who have proven themselves capable of self-government, or by the adoption of a policy equivalent to their disfranchisement? kould it promote progress, enlarge the field of happiness, or redound to the power and glory ol the government, to make an Ireland, or a Poland, or a Hungary of the South.”

He enumerated the causes leading to the secession of the doutnern states. He showed that the South was fighting for constitutional rights like the Revolutionary fathers; that the doctrine of state Sovereignty was as old as the Union itself and even in a number of oases had been advocated by the north. he said that agitation by both sections had been responsible for the war*

kith regard to the punishment likely to be inflicted upon the Southern people, he maintained that punishment is usually employed whore two conditions exist: where it is necessary to confine or put out of the way persons who might become dangerous to the

Reagan argued that a fraternal policy toward the Southern people would be the best. ” It is the surest, and the quickest, 1 he maintained,” and the cheapest way to permanent pacification of the whole country, and to its happines and prosperity.” Then Reagan, doubtless to catch Johnson’"s ear, remarked:’’the adoption of this policy could not fail to exalt your name and'fame to the highest point as a statesman and philanthropist.” /

Reagan doubted the wisdom of the North in requesting the i enfranchisement of the freedmen as a step in the reconstruction of the South. He continued:

” Would this be attained by the sudden enfranchisement of three or four millions of blacks, whose capacity for selfgovernment has yet to be tested, and by the disfranchisement of double the number of whites, who have proven themselves capable of self-government, or by the adoption of a policy equivalent to their disfranchisement? Would it/ promote progress, enlarge the field of happiness, or redound to the power and glory of the government, to make an Ireland, or a Poland, or a Hungary of the South.”

He enumerated, the causes leading to the of the Southern states. He showed that the South was fighting for constitutional rights like the Revolutionary fathers; that the doctrine of State Sovereignty was as old as the Union itself and even in a number of cases had been advocated by the North. He said that agitation by both sections had been responsible for the war.

with regard to the punishment likely to be inflicted upon the Southern people, he maintained that punishment is usually employed where two conditions exist: where it is necessary to confine or put out of the way persons who might become dangerous to the

country, and where it is expedient to impose penalties to restrain persons in the future* neither of these conditions, he declared, existed in the South. But a general amnesty to the people would soon ’©store happiness and prosperity to all concerned.

de concluded his letter by saying:

1 hope the gravity of the questions herein discussed, and wn situation will sufficiently assure you that 1 should not lightly run the risk of offending your sense of propriety, or of being thought presumptions in sending you this communication. I have been induced to do so by the hope that I night be able,to present some views which would promote the public good, aid in restoring peace and order, and soften the sufferings of my unfortunate countrymen, and especially of such as are in prison and peril as I 13

He directed this letter to Secretary of State filliam H. seward, re .nesting him to bring it to the attention of the iresident, and to use his influence in having it considered by the cabinet.

Meagan also addressed a short letter to reward* for the most part it was an explanation of the one directed to Johnson. He said.in this 1 e 11er;

" My main object is to show the convictions of those with whom 1 have acted, and whether well or ill founded, that they have acted on the® in good faith, and hence are relieved of moral guilt and entitled to the generous consideration o J the gove r nment. ■'

2e said that the Southern people had suffered enough through the desolation and devastation of the war without -hol«ng

being troubled further. He trusted that the secretary would use his great influence to promote the magnanimity of the government towards his unfortunate people. He said:

” Your great intellect, calm judgment, and commanding position, will no doubt elevate you above this storm of passion, and enable you to reason justly and judge with mercy, ewn even upon what is said by one who has no claim except that of common humanity, upon your consideration."l4

lio doubt these letters had considerable influence in bringing the conditions in the South to the attention of the President. Reagan’s assisted in securing a early release from prison. .

1 Quoted by Haworth, The United States in Our ovn Ti es, 10-11.

2 To od, . D., Remini 3canqes, 7.

3 McCarthy, C. H., Lincoln’s Plan of Reconstruction, 195, N.Y. 1901.

4 Quoted by Harlow, The Growth of the United States, 535.

5 Sherman, W. T. Memoirs, 11. 326. Reagan, Memoirs,2ol

6 Harlow, The Growth of the United 536

7 Apoleton*a Ann. Cyclopedia, 1865, XV , p.BOl.

8 Ibid.

Ibid.

1° Messages and Papers, Richardson, J. D. (e .), 311.

u Ibid. Stryker, Lloyd Paul, An . v Johnson, 215, : yaj-lllan law York, lG2b» )

12 Appleton’s Ann. Cyclopedia, 1865, p. 581.

TT““ —_ — Meagan, Memoirs, 271-885.

14 John H.Reagan to William H.Seward, June 3, 1865# Reagan Papers.

Reagan’s Views on Reconstruction

The Radicals in Congress had shown a disposition to embarrass the President as early as July, 1864. This was attempted by the Dade-Davis bill, that had been presented to President Lincoln for his approval. He received this bill the day before Congress was to adjourn, July 4. It was a clever trick disigned by his opponents to embarrass him. He thwarted his annoyers by publishing the bill with his reason for his disapproval. They , struck back at the President with the Dade-Davis Manifesto, published in the Hew York Tribune on August 5. This was a terrific arraignment of the president and his policy of ’’usurpation of Congressional power.” It criticised his obstructionist tactics and warned him that ” if he wishes our support, he must confine himself to his Executive duties, — to obey and execute, not make the laws, — to suppress by arms armed rebellion, and leave political reorgan-15 i;ation to Congress.”

The essence of this quarrel between the and Congress originated in the opinion that the Executive Department was encroaching upon the prerogatives of the legislative. It is a fact that Lincoln had done many things during the war that he could by the argument of not justify except^expediency. As he frequently said they were military measures only designed merely to cripple the power of the rebellious Southern States.

It has been observed that Johson adopted largely the policy of Lincoln. It was ,therfore, a logical sequence that he should also be involved in the quarrel with Congress. Johnson’s first utterances pleased the Radicals. They felt his early life would make him vindictive toward the Southern slave-holding aristocrats. But his later acts and declarations dispelled this early hope, for Johnson was steadily carrying out his reconstruction program without consulting them. To make matters worse they were powerless to hinder him. Thaddeus Stevens, writing to Sumner June 14, said:

”If something is not done the President will be crowned king bold fore C on^ress meets.”

The Radicals began to marshall their forces for opposition to the president. 7bo Hew York Herald of May bl, after complimenting the two proclamations of the president of May 25, said:

” In the meantime, we may expect from the Republican Radicals of the Sumner school and of the Chief Justice Chase School,too, as well as from uehdell rhillips and his School a livelier movement and a stirring agitation of negro suffrage, hencefroward, if necessary to the next presidential election”.l7

Reagan was confined in his prison cell at Port barren. But he had his oar to the- ground, He heard the rumbling of the Radicals and the growing dissatisfaction with Johnson’s policy. He decided to write . n address to the people of Sozas l

” to point out to our people at home,” said he,” the demands which I knew would be made on them, as a condition to the rehabilitation of the Southern States* and to advise them to make such concessions as re would inevitably be required to make, as the only ue ins of avoiding too establishment of military government in the South and to save us from universal negro suffrage.”

In -n..;. m u.i to consider calmly the true condition, to unde '3t-aid that they autu reconstruct their society industrially, socially, and politic illy, which was 'to be accomplisheS in opposition to ymr cuucation, traditional ■ policy, 'nd prejudices.” further he admonished

■ But you nrst m the necessity of making the most you your present « The state occupies the '“condition of conquered nation. Btate government and state sovereignty are in abeyance, and will be so held until you adopt a rovernnent and policy acceptable to the conquerors. A refusal to secede to these conditions would only result in a prolongation of the time during which you will be derived of a civil government of your own choice.”

‘urther agitation of this nestion, he declared, would likely result in a military despotism. This .ould set aside the civil government, without "bringing you any nearer to the attainment of ymr wishes, than you are t present.”

” You must he went on to say, " nrst ♦ to recognise the authority of the government of the United States, within the sphere of its powers, end its right to protect itself against disintegration ay the secession of the states.( i.e. that secession must be declared null and and void). tc second: You must reg mi e the abolition of slavery, and the rights of those who have been slaves to the privilege and protection of the laws of the land.( i.e. that civil rights must De accorded the former slaves)."

advised the people upon © most sensitive point. This was the one which aroused the most determined opposition.

! * But even this may fail of the attainment of those ends,” he declared to his people,"unless provisions shall be made, by the new state government, for conferring the elective franchise on the former slaves. And present appearances indicate that this will be required by northern public opinion and by Congress. Ind our people are in no condition to disregard that opinion or power with safety.♦ this is new language to employ in add you, and will be as unwelooae to you % it is sorrowful to me. But it w. be more than folly, it would be a great crime, for

me, and those who may be charged with the duty of reorganising and restoring the state to ths Union, to refuse to recognise ths facts of yeur situation, howevor, .d o .-'r-.•- able, and to speak of and deal with them with candor and directnaeG.

'-■ ' 11 ' - * ■ ' . But it tan neoeesary to oottdltionw that might be a great deal worse. 11. a ■ a ■ tM3 ani putienoe must be exer- >lsed. ■ J the sail sr eeuid easily bi iy.

« First, extending the privileges and protection of the laws over r " - fHe negroes as they are over the whites, and allowing • 1 : - I'l ■ ; u cn /') ■ :' 1 111 j ' ... to. Cf depend, by fixing an intWlleotwl and moral* and, if . ill versons bo the exercise of the elective franchise, without reference to yaoe or

he urj 31 the people to do this immediately* saying t at » . IS : ' I I I BO* ttoned, and it Will save it 3 own people from. years of . ful - ii ft agi tat ion on these qua 1, ' 1 voul I at last, probably after years of contention, be found tl eorly 1 ea& sofbr'g 1 ig 1t to - n . : , sv ’ f are driven to nothing worse. low infinitely better it will ■ , ■ —• ' ra 1, 1 - e * t. & ;' ■ future, for t e rhole country* if you will unhesitatingly recognise iting unalterable facto a: to your condition, the inevitable logic of events, and hasten, as it is in ' r ic of the 3. of civil government and constitutional liberty; and avoid, as it I ■ d rpo ■ bo ioj the fearful perils shicl now lie before you.”

He told that the stats, constitution Wuld probably he have to oe changed, but x did not know the exact ehunyes that would that be necessary; that A vould depend largely upon the sentiment of the people and local conditions. But in writing a new constitution he /ould advise: (1) that all terms of office which are now t-w

years be lengthened to four years; (2) that all general elections, as far as practicable be required to be held the same year and at the same time; and (3) that the State Treasurer, Comptroller, of the General band Office be appoint ed by the governor as the Secretary of the State now is done. By doing this, he said, the excitement of so many and frequent election WOl i ld be eliminated. Hi a real reason, he reluctantly admitted, - r as that

« since such great numbers of people, heretofore, slaves, and in great ignorance, are now made freedmen, and are to become, in some form, either participants or an element in all our political contests.”

He concluded his letter with this advice:

» We must bury past animosities with those of our citizena with whom we have been at war, and cultivate with them feelings of mutual charity and fraternal good will.” 18

The reception of this letter in the North was favorable, especially the part dealinv with the elective franchise to the freedmen, and bestowing upon them equal protection by law. The New. York Daily Tribune. October 20, 1865, in an editorial expressed its approbation of Reagan’s views:

n This is not only good common sense, but sound practical statesmanship. the.advocates of universal suffrage of tie North ask nothing more than the adoption of such a policy by the Southern States and, were it adopted, the country would be at peace, and the Union permanently restored in six months... To make all men equal under the law is to accept Emancipation in its full meaning. The war must

have this result, and it is not ended till it does. Mr. Reagan sees this clearly, and it will be well for the South when she understands and accepts it, for there is no place for her till she does.”

Following his release from prison Reagan visited the President. Johnson complimented hie letter saying that 4t contained good advice to his people and for the South generally. In his Memoirs. he aaid:

n President Johnson, Secretary of State Seward, and Attorney-General Speed all expressed their strong approval of my letter, and me on my return to Texas to get the state to lead off in that line of policy, as the only means of avoiding military governments, which they declare! would be abnormal, and would endanger civil liberty. North as well as South.” 19

But the reception of the letter in Texas was far different in spirit from that it in.the North. Reagan’s pw ■ $ was misunderstood. H© ily denounced in public and private, ana in every nook ana corner in the state. Small "fry” politicians raised the "hue and cry” to further their own interests. . The disturbance was so great that । o said: ' . ‘ ■

" I had to : cn the idea of trying to induce them to make such concessions as'it was'practically cert.' Id saved them from both military government and universal negro suffrage.” 20

On his way home, he related his meeting with former Governor J.Pinckney Henderson, who said to him:

" My friend, you had as well understand its meaning, for so far as I know, every man in Texas who expects to be a candi late from governor to constable seems to regard it as hie duty to denounce you morning, noon, and night, ■ under the supposition that while in prison you weakened in your devotion to the South and had come out for negro suffrage." 21

There was, however, a single exception in Texas to the general disapproval of the Fort Warren letter, that was his friend and colleague in Congress in Congress before the war, A. J.Hamilton 0 It ia a manly appeal to the people", declared the Governor," from an old public servant who is suffering in his own person, the penalty of the crime of the South—an appeal to them, not for himself, but for them, many of them to my knowledge, are a thousand times more responsible for the late rebellion than himself. "it is an inspiration of moral heroism, to confront the long cherished errors and prejudices of a people with the simple weapon-of reason and truth. "in times past, no man in Texas had a stronger hold upon the public confidence than the writer of this address. He has done nothing to forfeit that confidence, except to consent reluctantly, as I believe, to engage in the r-ad experiment of secession. He has seen and deplores the wickedness and folly which brought upon the people their present troubles, and now seeks by his warning voice, issuing from a prison cell, to induce his people to repair as far as may be, by their future course the injuries of the past." 22

Reagan was firm in his conviction of the wisdom of his Fort barren letter, address He stated that during the summer of 1866, he was invited to deliver an address at Palestine. He asked the committee on what subject they Wished him to speak. The committee asked him to explain his motive in writing his Fort Warren letter. He replied:

0 Then I need not speak; the letter explains itself; and if I had to speak for your liberty and my life, I would repeat that letter without change." 23

When Congress assembled December 4, 1865, the President had almost succeeded in his reconstruction program. All the Southern States except Texas had set their machinery of government going. They bad chosen their representatives to Congress, and they were knocking at the door for admission. But the Radicals under the lead of Sumner and Steven a were not to be foiled. They hat been at odds with the President’s plan from the beginning. T' ey were determined now to take a hand in Southern reconstruction.

Several things had aroused the antagonism of the padioala in Congress toward rhe South. Most of the States had adopted "black oo lea” restricting negro suffrage. In many cases these codes established a system of peonage. Again when Congress opened its doors there appearea iteauiml salon Alexander H.Stephens whom

it regarded as the arch-rebel, returned as Senator from Georgia. Sven the President balked at this movement. He had advised the Georgia legislature not to return Stephens "as it seems in many of the elections something like defiance, which is all out of place at this time."

Congress began its task with a vengeance * It adopted a concurrent resolution refusing representation from the Southern States until further notice. In April Congress passed a Civil Hights bill. This put the Thirteenth amencment abolishing slavery into force. The president* however, vetoed it. Congress passed the bill over his veto. On June 1?, Congress passed the Four- . teenth Amendment to the Constitution submitting it to the states for ratification* This amendment provided that colored persons were citizens of the United States and of the state in which they lived, and it forbade any state to pass a law hi ch '’shall abridge the privileges or immunities of citizens of the United States.” This amendment did not confer the franchise upon the negroes* But made it clear that it was to Southern interests to do so. The representation of the states based on population, would suffer by a refusal. Finally it disfranchised all Confed* erate leaders. It held out a hope to them, however, by providing that Congress by a two-thirds vote could remove all their disabilities.

Among the first things Hamilton did in Texas was to issue a proclamation to the freedmen . He advised them in no uncertain terms to go to work and not to be idling about waiting for the "forty acres and a mule". He delayed fro® June till November 15 before he issued his proclamation for requesting a registrar tion of voters ard of those who desired to take the amnesty oath. This proclamation called for an election January 8 to select delegates for a constitutional convention. The convention uas scheduled to assemble in Austin a month following the election. Johnson was considerably irritated at Hamilton*a dilatoriness, for he was anxious that all this be accomplished before the meeting of Congress in December. In' the late spring Johnson removed Hamilton.

General Griffin -was in command of the Federal forces in Texas with headquarters at Galveston. Johnson requested him to look about for a good conservative man as Hamilton’s successor. The General approached Reagan on the subject with an offer of the Provisional Governorship of Texas. Reagan said:

General Griffin sent one of bis staff officers to inquire whether I would d the appointment as Governor of Texas. The officer found me in the field plowing. I asked what I "had done to cause General Griffin to suppose I would accept suah a position. He said,* General Griffin thinks you are a conservative man, and that you may aid in the restoration and preservation of good order in the state.® I told him to take my compliments to General Griffin, with my thanks for the proposed honor, but that I could never be Governor of Texas except as the choice of the people of Texas.” 24

The constitutional convention assembled at Austin February 7, 1966. James w.Throckmorton ms chosen president. Acting on the advice of the Governor and in conformity with the expressea desire of the President, the conventions of the Southern States was must agree: (1) t at the doctrine of and void, (3) must repudiate the Confederate debt, and (3) must share a portion of the national debt. The most important question, perhaps, of all vas neglected. To say the least it ms only partially t dealt with, namely, the freedmen. They were accorded civil rights, and namely, they could sue and be hold property. But they could only testify in the courts when a member of their race was involved. But the elective franchise was not conferred upon them. The convention made an attempt to s*ive them what was 25 called suffrage” but failed.

Within a short time after the adjournment, state officers were chosen in August. Janes W.Throckmorton ms elected over his opponent E...Pease by approximately 37,000. Pease’s vote of 12,000 indicated clearly the ascendancy of the Radicals in the state. The legislature convened shortly and the state government was once more in a fair my to begin functioning.

The constitutional convention either through ignorance or failed to perceive the trend of opinion regarding the

rising demand in the North for negro suffrage. In view of this indifference of what Reagan considered the most vital matter of reconstruction he addressed the people of Texas again through a letter to Governor Throckmorton. As the legislature was in session at the time Reagan believed that his letter would influence it and possibly stir it to action upon negro suffrage.

In the address, he indicated that the Northern people were greatly pleased with the "prompt and spontaneous action of i our people in accepting the results of the w.” They were, he said, with few exceptions anxious for speedy restoration and the return of fraternal good will. But he declared on the other hand that they were insistent that

” a final adjustment could only be made on the condition of securing protection to the persons, property and rights of the negroes, and the conferring of either the general right of suffrage on them, or the right qualified by the tests of intelligence or property, or both, with extension of the same testa to the white race. And is th ?’ : xn .intelligent and well-in form-el man in the 4iole Couth who does not know that we will not be represented in - rasa* and freed from embarrassment and dangers Thich now threaten us, until we do extend these privileges to the negroes?”

Further he insisted that the neglect of the Southern States to provile for the freedmen caused Congress to adopt a harsh policy for their protection.

* This produced th# new Bureau and the Civil Rights law of last session, and the adoption by Congress of the proposed amandment to the Constitution, all to give that protection and those rights to the negroes which our legislatures had neglected to give, and repress and control the spirit from which that neglect arose. tt

The plan which he proposed, he-saMy-te-ths-Gevareew for the situation was

« First, to pass such laws as will give the negroes full and perfect protection in their person, rights and property, and free access to the same courts on the same terms with the whites. "Second, to enact such la s as would cause them to be received as witnesses in the courts on the same conditions in all ?ases as t‘ e whites,etc. "Third, the adoption of such a test aa will require all those who shall hereafter be admitted to the exercise of the elective franchise to be able to read intelligently in the English language, to have paid all taxes -due, etc. "Fourth, equal taxation in all respects upon whites and negroes, and the setting apart for the education of the negroes of that part of the fund collected from them,etc. 0

Further he declared that the Governor and the legislature together have a great responsibility resting upon them.

0 And I now tell you that those who oppose negro suffrage in this qualified form,” he said, 0 elect by this act to force universal negro suffrage on the country, and ought to be and will be held responsible by our people for it when it comes, and they ought no longer be allowed to shield themselves under pretenaed ignorance from the consequences of such criminal demagoguery. And if this plan, or some equivalent one, be not adopted by our legislature, the day is not distant when the people of this state will hold them responsible for having refused to see and comprehend these facts, and thereby forcing on the state the disfranchisement of the whites, as well as universal negro suffrage.”

ft® would have bean far from writing this paper for himself to the public, but

0 duty to my family and friends and zens,» he declared, 0 would not longer allow me to remain silent when everything dear to us is at stake, and when, so far as I know, no voice is being raised in this direction to save us. 0

0 I think my Will aocord me the honor,°he ii icciared, of having never advocated a measure simply because it ‘as popular, and of not having declined to avow y opinions on public questions because they were unpopular, when my duty required me to speak. I have never deceived a friend nor betrayed a trust, public or private. In my last canvass for a seat in Congress of the United States I risked whatever of popularity t had in combatting measures which I thought led to disunion, and theadvocacy of measures designed to prevent it. But when the war came I ...stood by my section in. the defense of our rights, of the graves of our fathers and the homes of our families. I did all, suffered all In my power for our success, and when the dreadful crash came, and many were seeking their personal safety, I stood by our noble and heroic chief until we were male prisoners together, preferring whatever fate might befall me to the sacrifice of duty and manhood...! have suffered imprisonment and peril, and am still a prisoner, and liable to trial and death for having served but too faithfully those who, since my letter from Fort -arren, have been traducing and denouncing me for it. comfort and plenty I am reduced, by my devotion to their interests and cause, to poverty and to daily toil for the support of --y family. Hi th such a past I could hardly be expected to engage in sentimental Minings over that yhich I could not prevent*—vhich we all could not prevent. And I am persuaded that when that past in supported by such facts and reasons as I offer, I may reasonably expect that what I may say in behalf of my suffering countrymen and the land of my home and hopes will not abain be misunderstood and misconstrued.. « 26

Concerning the indifferent action of the lagislature, Reagan in a private letter expressed great di^appointment. He said he have been glad to havegiven it some great truths as to

n our deplorable condition and the means of relief from it; and to have appealed to then in the name of humanity and common sense to lift- themselves above the passions and prejudices of the hour and to examine with wise forcast the ground on which we stand. We must have a broader

and higher statesmanship than has characterized Our convention and our legislature so far, or we are utterly undone and a mine people.. How long, how long will our people especially our public men allow themselves to be led by ulind unreasoning passions toward the terrible maelstrom of despotism first and then, anarchy! Ich now yearns before us.

"I pray that, notwithstanding the increased complication of our situation some great sould man, situation will enable him to do so without being misunderstood, shall arise up in all the grandeur of truth, integrity, and moral herd 3 teach our people that they must rely on reason and not on passion, that they must recognize their defeat and overthrow, and anticipate events bv following their logic, it they would be redeemed from despotism and restore! to their rights and to a condition of prosperity and happiness. n 37

On October 29 Governor Throckmorton advised President Johnson that the legislature had rejected the ratification of both the Thirteenth and Fourteenth Ar andments . Johnson replied immediately that he had nothing further to suggest than that of

” urging upon the legislature to make all involving civil rights, as complete as possible, so as to extend equal and exact justice to all persons without regard to color, if it has not been done. We should not despair of the Republic—my faith is strong—in the wisdom, prov-1 Pence, virtue, intelligence and magnanimity of the groat mass of the people and that their ultimate decision will be uninfluenced by passion and prejudice engendered by the recent civil strife for the co--cl etc restoration of s Union by the admission of loyal senators and repro-* sentatiyes from all the states to rhe respective houses of the Congress of the United States. n .38

But the warnings of both Reagan and the President were lost as later events proved only too well. Reagan sadly remarked that ’’politics worked a evil-the leaders failed to act.” Shortly afterwards, reconstruction in Texas passed to the Radicals. The Southern State governments were dis- carlei, and military government substituted for them.

15 McCarthy, Lincoln's Lian of Reconstruction, 282. Stryker, Andrew Johnson. 140.

ST* _ Stryker, Andrew Johnson, 227

~“TT~~ — ibid*.. p« 227

18 Reagan, Memoirs* 386-295.

19 Ibid., 327. He further said that Henry Wilson, Senator from Massachusetts, Chairman of the Senate Committee on Military Affairs during the war, told him that he approved the in the letter, that he would advocate its principles in the Senate. He would advocate ”that no one should be punished for his participation in the war.”

30 Ibid,, 333

21 Ibid., 234. He said that when he arrived at home his friends expressed very great pleasure at his home-coming, but without exception that would say they were " sorry that I had wrillen my Fort Warren letter."

33 Flake * 3 Bulletin Galveston), October 11, 1865*

33 ] solrSa 240•

3 4 - Memoirs, 240 ea a dethis incident Reagan han often been called t;e "Cincinnatus" of Texas.

35 'ooten, Corprehen slva History of Toxas, 11, 155.

23 Reagan, Memoirs. 300-316.

27 John H.Reagan to Thomas J.Ward, September 25, 1866, Reagan Papers.

28 Pal las . November 10, 18

Struggle with the Radicals

The year 1366 saw the commencement of a disgraceful quarrel between the President and the Radicals in Congress about the methods of reconstruction of the Southern States. A number of enactments passed, including the Civil Rights bill, a new Freedman’s B reau measure, aad the Fourteenth Amendment* The purpose of these measures sas to promote the wlefare of the negroes in the South, and incidentally to give tl em the elaoti -anchise. politics Johnson denied the right of Congress to regulate the internal, of the states. Consequently these measures met with his 11^approval. Soma of them he vetoed. This action aroused the vrath of the RaUcals. Aside from his vetoes Johnson antagonized the opposition by his fiery addresses and his bitter invectives. All of which to Increase the strength of the Radicals in the congressional elections which were held in the fall.

The Radicals ?ere also aroused by the reports which continued to trickle in from the South regarding the attitude of the Southern people towards the freedmen. Farther there were clashes in some of th# Southern cities, in New Orleans and in Memphis, Tennessee t between the whites and the blacks, in which a number of the negroes were killed. The •.. ioals eagerly siesed upon such reports to declare that the blacks were not being fairly treated by their former white muster * lienee, when Congress assemble in December,lß66, the ground was ready to yield a crop of Radical /casures fully mature*.

Texas had se t her senators and representatives. But, by a prearranged plan, their names were omitted from the list read by the clerk at the opening of Congress. In this manner, not only vac Texas left out in the cold, but also the other Southern States. o.M.Roberts, one of the Texas Senators, wrote the latter part of December, 1866, that

« A strong effort will be made to reorganise our state government upon a basis having in view two main objects,towit; the disfranchisement or disqualification for office of those who ’anticipated in the late civil war on the part of the South, either temporarily or permanently, and negro either qualified or general* The exact shape of these • tee I oanno yet give; but it will appear in a few days, and will be strongly pressed by the Radical stives on the one side, and vigorously resisted by those supporting the a-iministration on the other.” 3b

The blow to the South rag not long in coming. The Radi- cals ha™ a majority in both houses. They ware led by the vindictive Stevens in the House and the idealist Sumner in the Senate. Congress proceeded to the task of reconstruction. Accordingly acts were passed on March 2, 23, Inly 19 t 1367 which CO pletely set aside the reconstructed governments in the ten Southern States. They provided instead an entirely new scheme far their reorganisation . These acts were a* promptly vetoed by Johnson as being 30 unconstitutional. But they were passed over bis veto.

These acts provided that the Southern States shoi;ld be divided into five military districts, each district under the charge of a military officer «not below the rank of brigadiergeneral**. Under the direction of th- "’"leer constitutional conventions ./ere to be held in the states, the delegates to rhich must ba chosen by every mule citizen irrespective of race or color. The proposed constitutions were to confer the right of

suffrage on the freedmen. The legislatures convened thereafter in the states were required to tatify Fourteenth Amendment. ’d - \ ' ■■ v .os of strengthening their hold upon the Sos I i people, the act of Karch 33* provided for the complete registration of voters. The application of the required ”iron-clad’’ oath disfranchised all males in the South who had filled any office either stat? or national who ha 1 later participate 1 in the war. Texas and Louisana WTO in the fifth military district, under the direction of General P.H.Sheridan with headquarters at Ne.v Orleans. Briefly, the civil governments of the states were abolished and 31 military tribunals ware set up.

Just eleven days after the last reconstruction act, July 30, 1867, Governor Throckmorton was removed by an order of Sheridan as h an impediment to reconstruction of the state under the law”. ■ Pease as appointed governor in his place.

Under the reconstruction orders registration of voters went on till September 22, it ceased. An election da or ered to ■ e tela at each county seat fror- January 10 to 14 to determine ether a constitutional convention should be held and to 33 choose to the came. The registry books were to be

reonene I for the last five days in January, 1863. The Conservai tires In the state had taken little interest in reconstruction but no r the matter became one of serious concern. "1 ire faced with the alternative of giving the state over to the rule of the negroes cr of taking some speedy action in a political way to thwart it. Consequently a call for a Conservative convention was issued from Houston on January 3.

The convention assembled in Houston on January 20. Champ Carter was chosen Prssidentt J.o.Thaw was appointed secretary. Reagan attended ana vas chairman of the committee on resolutions a,nc o " c 'lai committee to draft an address to the people of Texas relative to the political situation.

T e ooi'"' Itte - on resolutions reported that the most important master before the people of Texas was the threatened domination by the blacks. They resolved that the question of African al>aw all narty questions, and was vital to t e future interests of the state; and cheerfully agreed to concur with all parties opposed to the Africanization of tl e State.

And further, while they were unalterably opposed to negro ourpremacy, they were in favor of securing to "’hem the full protection of person and property, under just laws bearing on all alike. It ras further ordered that an Mecvtivp V/matt'e of five delegat as should be chosen to unjertake t e organization of the Conservatives of Texas for unified action until after a constitutional convention should be hold; also that a special committee of five be appointed to prepare an address to the people of Texas, advising concerning' best course to pursue under the present circumstances.

These resolutions were warmly debated. George T.Carter Objected to them in every Particular. Be urged *voting for the delegates and also the constitutional convention n . He ?aa followed by Reagan who stated that the committee had thoroughly canwaeed all the qiraumstancea by which the neopie were surrounded, and it was the best that could be done. The object of the resolutions, ha stated, was to take advantage of every chance that presented itself to save the state from nerro control. Reagan 1 a 34 speech -uc H calm, dispassionate, and convincing. 8

On January 33, the special committee appointed by the convention issued its addraas to the people of the state, pointing out the beat course for them to pursue in order “to profile vent the incorporation law of the state the principle of negro suffrage.”

« Although it is believed," said the committee," there is a larme majority of <hite people over negroes in this State entitled to be registered as voters, it is at the same time believed that'under the system of registration prevails, it is uncertain whether the white vote is sufficient to save the State from Africanization and a ’ar of races, and the anarchy and ruin which, it is rreatly feared, would follow that result."

The committee recommended three courses open for the people of Texas to save themselves * from the calamities which are now impending”. These were: First, to vote against a constitutional convention; second, to take the chance of obtaining delegates to this convention who will frame a constitution republican in which the people of the state can live in peace and security; and third, to reject the constitution that may be submitted to us should we fail in this.

« ?7 e appeal to the people by every eons! deration of patri- otier and duty,” said the committee in conclusion," by their desire for protection and security to themselves and their families, and by their dread of a of races and a reign of anarchy, to adopt the the action of this convention 15 * 35

At the election called February 14 and 15, 1338 the result was as follows: for the convention, 44,889 ( 7,757; blacks, 35,933); against the convention, 11,440 ( whites, 10,632 ; blacks, 818 )_ The convention assembled June 1, with ninety delegates in

attendance, including nine negroes. The body at once divided into two groups: the moderates leu by formei Governor A.J.Hamilton; the Radicals, by E.J.Davis. The chief subjects of division were: whether first* the initio question, that ls A al I ' ate gov- — — -k e emment in operation during the ; a^hould N veld; s acoud, the division of the state; and t/ird, the disfranchisement of all those who had participated in any manner in the late war. Ir the convention Democrats swoorted the moderates. This served to hold 36 i the Radicals in check.

In view of the impending danger of Radical predominance in the Democrats cf the state met in convention at Bryan on July 7. James R. Throckmorton of Collin county was chosen chairman of U e convention and Reagan and a number of ethers, vicepreci ents. The purpose of the convention .ms suggested by a resolution introduced by It stated that it -as to n ascape t diefranchiseeent, depredation, and ruin threatened by the Radical party.” A on resolutions and platform was appointed, of a number of moderate Reoubllcans and 3? strict Democrats. Reagan wrote tM platform.

The platform declared for a more affective cooperation of the state and national Democratic parties in order to ’’escape disfranchisement, negro supremacy, depredation and ruin now ♦satened by the Radical party”. It declared slavery and seoescion dead i<wes* And it pledged the allegiance of Texas to the Government of the United States and to the Constitution. I It denounced Radical government. It affirmed that V.e question of suffrage rested exclusively vith the states. It invited immigration from the northern States and from Europe. It advocated the strictest economy in administration both State and National. It heartily declared in unequivocal terms its condemnation of the ’’present Radical scheme for the dismemberment of the State, which is solely for party purposes and plunder.”

At the same time an address to the people of Texas ms 38 prepared. It was a rallying cry to the hosts of the Democracy.

It vac in curt as follows:

” Belief can come to us only through the suooess of the Democracy; hence, the absolute necessity, that wc make use

of every means in our power to strengthen the arms of that party—that it may strike yet more vigorous blows in V e defence of liberty—the downtrodden South and constitutional rover mt* Liberty unrestrained by law is license.. The V » Is j when we need the whole power of the people, of all the people who agree with us and disagree with the Radical party. Wdo now, fellowcitizens. in the most solemn manner, urge you to organize—to organize t'orotgMy—on the plan presented by this convention, to the end that our entire strength may be hurled like a thun erbolt against the arch me ' our country. ow* citizens, the welfare of our people, the honor of our women the lives of our children demand of all of us the prompt and most energetic action in this emergency of our affairs. Apathy and indifference lead to political death, to social ruin,and to personal •dishonor.. The voice the people la the voice of Godj rise and speak; o• I forward and act, become brave, honest, determined men, and all »dll be well.”

The reconstruction convention adjourned February 6 ,1869. The squabbling between the Radicals and Moderate lleens ma .3 it impossible to secure a quorum for the transaction of business. The submission of the constitution to the people v.iS icfcrrei by the order of President Grant from first onday in July until November 30 of that year.

In view of the proposed submission of the constitution, and their earnest desire to assist in Radical overthrow in Texas, crate rera perplexed. They were afraid of n ! party demonstration, for they might be substituting King Log for King Stork.

* We are painfully impressed with the embarrassing dilw®a>* rm-tw Ashhel Imlth to Reagan, 11 in whioh the people of our Li view of the coming election for t ratification of b 0 constitution the election of State officers.. .Wit then shall we do? We suggest that no active Democratic opposition be made to the Constitution:

that every Democrat follow the distates of bis own conscience ir the election on ratification, and that the Radicals be allowed to carry it by default. The responsibility will be theirs.” 39

In reply to this letter Reagan said:

" My ovn idea, therefore, would be that should make a concerted effort to secure the adoption of the constitution, not as Democrats, or as partisans, but as citizens, outside of our party organization..and it seems to me to be veil for some persons..of both the Democratic and Republican parties to enter in willingly for a convention».to be composed of all political parties who are in favor of aiopting the constitution..and let it nominate candidates for State offices, and endeavor to secure true elections When voting for the adoption of the constitution. Our hopes for the adoption of the constitution, and for tiny it accented by Congress ihen adopted..rakes it proper to run him [ex-Governor Hamilton] for governor if he vlll accept the position. He has shorn that be can forget past differences for the public good, and we should not do lees.” 10

In a letter to dalton, Chairman of the State Democratic Executive Committee, Reagan discouraged the calling of a conservative, of Democratic convention,

M for it seems to me the very calling of such a convention,» he said, .1I be the chv-f offense. And,lf once

assembled however prudent and patriotic its course might be, it would without doubt, I think find itself in the condition of the lamb which was accused by the wolf of muddying the branch. Ho protestations we could make would satisfy our adversaries, or make amends for holding a convention.. Let us not forget that our position is anomaloue, tu tl at it san be best const ’•. cd and perhaps can be only well considered, by reference to the present facts of our situation and the means of our extrication from it, leaving it in abeyance, for the time being, such usages and mo tec of action as have heretofore been applied by us to a different condition of things.”4l

” X2X ~tha sake of the public weal, n wrote the editor of the Telegraph to Reagan,” write me such a letter over your name for publication, s>ort, terne, and driving heme. An attempt is being made to get up a Demoaratio convention. it is madness- —ruin, and I hope you will feel it your duty to be active against it. Good policy now will save the unity of the party for future usefulness. Judge, speak out, and help save your country. The are hard at work, and it will require a heavy effort to heal them off.” 42

Acting on this invitation Reagan addressed an open letter to the people of Texas. He substantially advised in this letter the course hag previously advocated,namely, a convention cb-posea of both parties Uf found practicable.« He said in conclusion:

” I have no personal objects or aspirations to subserve by the expression of these views, and look alone to the means of restoring peace, good will, and good government, and a return of prosperity and happiness to our whole people. lan disfranchised, and can neither vote nor bold office, and have made no application for the removal of my personal disabilities, being content to await the action of the government on the general subject. But my interest in the welfare of my State and country is, I trust as sincere, and my efforts, in any way in which they nay be properly exercised, shall be as earnest as if I were capable* of exercising all the franchises and of enjoying any public honor in the gift of my countrymen.« 43

The Democrats of the state refrained from taking any 'part in the campaign as an organisation. They tacitly agreed to combine with the Moderate Hepublicans to support ex-Governor A.J. Hamilton for Governor. There eas, however, a slight flicker of diss^ticfaotion with this arrangement, by the convention at Brenham, September 29 and 30, of some Democratic editors who nominated Hamilton Stuart for governor. This convention in its platform declared its opposition to the proposed state constitution an 1 the amendments to the Constitution of the Unites States. A member of the State Demooratio Executive Committee, #W*Heh<er* son, who happened, to be present, stated that n The Democratic 44 party has no sympathy, or connection with this work."

In the election in November, the vote for the constitution was 54,477 eith 4,655 against it. The vote for governor R.J.Pavis was 39,901; for a.J.Hamilton, 39,093; and for Hamilton Stuart, 180. By thil^fhe Radicals ware firmly seated in the saddle, under the leadership of Davis. He was moreover the benchman of the National Radicals.

It may be in order at this point to relate something of the private affairs of Reagan, from his release from prison in 1365 to his later entrance into politico.

home Whea he arrived 1865, his homa wad in ruins, and bis farm neglected. He set to vork to make a. living for his 43 children. He farmed for two vears because ”1 could not practice

law”, said he, n for the people were too much impoverished to pay 44 lawyer’s fees.

By 1868-1369 bis law practice had increased somewhat, for he laclinea requests for speaking engagements saying that his 45 «time was co engrossed 0 ; the 15 pressure of private business.

46 which cannot ba neglected, 00-pels ma to forego this pleasure,etc.«;

and °on account of duties and engagements, vhloh I cannot neg-4? leot.” AU of whioh indicates tut his business h) 3 beoomlng

more and more 1 'portent. . ■ I • *■ . . • . elected to Congress in ihru

TU Democrat# held a convention at lust in January 33-13, 1671, in they adopted a platform which was • full c f complaints against f. e misrule, rulauminiatrution, and anarahv that prevailed in the state government in all its de r / ■ T 1 1 assem- bly did more in directing public attention upon the • isrule of the Radicals than any assembly of its kind ever did. On August 5 of that year a call was made to all citizens, of Darty" to assemble at Austin September 22, to take into consideration We "exorbitant expenditures and enormous taxes to which we are subjected". The result was a non-partisan meeting che Tax Payers Convention. It ade its protest against the Radical government in the most scathing terms.

The government in Texas was under the leadership of E.J. i Lavis, the arch-Kadi cal. He was supported, by the national admin- isttation under Grant.

The Democrats of Texas had failed in their attempt to unite with ths Moderate Lopublicanu in ousting their enemies. They determined to get at the seat of their trouble. They decided to support someone who could defeat the national Radicals. This hope lav in uniting vlth the Liberal Republicans who had just 48 attained some prominence.

The Democrats held their convention at Corsicana, June 18-19 Heagan was unanimously chosen permanent chairman. He delivered the keynote address.

” You have in addition to the usual business to discuss a new question whether we are to follow our time-honored banner and our old leaders, or to unite with other foreign opinions. we approach a question like this, we must do it in a spirit of concession and respect for the opinions of others. For months before the meeting of the Cincinnati Convention, it was given out that it was proper for the Democracy to unite with the better part of the Republican party, for the overthrownof the government of Grant....lt becomes us, if we would rescue liberty from the hands of a despot, to manifest a spirit of con-

cession and conciliation, so as to give a proper direction to the force of our majority in Texas. In considering the question before us, it is but natural that we should think with more or less bitterness on the past; true statesmanship never rests on hatred. It was the fatal mistake of President Grant’s administration that it rested on malignity and hate. The men in the north whom we call Liberal Republicans., who abandoned their party to help us rescue liberty, are not governed by hate. As their distinguished leader (Schurtz) has nobly said they have extended the hand of friendship across the bloofy chasm which has separated us. I hope this broad principle of charity will drive back the vicious elements which now control American politics, and prepare us for that peace and good will which shall render this a government in which it is desirable to live? 49

The convention was composed of more than seven hundred delegates. This was the largest attendance at a convention in Texas up to that time.

Article six, of the platform commenced the movement of the Liberal He publicans as a meritorious effort in ridding the country of bad administration. It pledged the Democracy of Tex- as to support the leadership of anyone nominated at the Baltimore convention. But article sever stated that whoever might be nominated "this convention finds no reason for destroying, impairing, or even modifying the organization of the Democratic carty,etc. This rather ambiguous and the best example of party-straddling in party history.

The convention stood about fifteen to one against the nom- ination of a Democratic candidate for President by the Baltimore i convention. But it refused to pass a resolution of no nomina- tion, and declined to pass one in favor of a nomination. It left the matter strictly to the delegates to the convention.

and Reagan, J. .Henderson, George W.Jones,aCharles DeMorse nra chosen delegates for the State at larrre to the Baltimore Convention which convened July 9. At the convention Reagan vas appointed president of the Texas delegation and Henderson, vice* president.

The Cincinnati Commercial of July 11, gave a portion of a speech of Reagan’s before the convention:

” He said that it ws supposed among hl 3 people that the Democratic party could not succeed at the election ult'h a distinct Democratic ticket; therefore, they had co-c here to unite with those brethren frem the thole country in effecting such an as will unite the Democrats Hth all honest opponents of the administration. It u-s wisdom, therefore, to take the Cincinnati platform. Tny refuse? Accept ths situation and make the best of it«

The Convention endorsed the Greeley-Brown, Liberal Republican ticket. The Democrats of the country thug had swallowed Greeley. He had said so many disreputable things about them, one of which is striking: io not say all Democrats are horse- thieves, but we do say that all horse-thieves are Democrats."

The press of Texas was almost unanimous in condemning the passiveness of in the fusion of the Democrats and the Gree- ley Republicans. Even the Dallas Herald, his staunchest supporter, dragged out the skeleton and rattled its bones: It denounced him for advocating negro suf fra rhich was new the law; for advocating the Greeley movement. It criticised his deliverins: a Grselav speech at the Houston Fair, at Corsicana, at Baltimore, and one after the Baltimore Convention at the Greeley home.

55 and on his return to Galveston,” lamented this paper,” he not exhausted, and we find his last in the Galveston New of the 36 u1t...1t is thia speech which is the primary cause of this article. There is much in it which we approve, but, as in all his speeches since the war, there is something in it to condemn. Its tone is too humble md begging, and it concedes too much to Northern sentiment. We give the following: ’lf we were the stronger party, we ir Ight afford to remember the quarrel on the cause of the r, but being the weaker we cannot. So when this movement was proposed, it seemed to me an inspiration. And there is another thought: here we are strong; here we are confident of our power to control the election; but if we ask them in the North to join with us where we are weak, ought we not to join with the® here where we are strong and they are weak..l am not on the line of making Tar; I am on the line of amnesty. If they will forgive me, I will forgive them and I am prepared to receive the hand of every man who is willing to unite with us in the restoration of good government.. It is well, we are asking the people of the North to ferret what is past, to remember that we have something ourselves to forget.* tt so

In the election the Greeley ticket made a poor shoeing. Grant mas reelected.

In a letter to a political friend Reagan expressed^his .ti ents -mubtlecn ;ore evoke.• by i’ g remembrance of the recant crtticleme of his polltl m.l emlfawi

R I have lived to learn by experience that public men are c ’ton misunuerstood and denounced for thooe acts vMch they regard as most natriotic. In my own case I have been most denounced for those things which I thought most neritoriouß* But I have lived to see the people correct their errors on th® same I have always acted, however, on my own convictions of right an 1 duty, without Inquiring beyond these what people would think of my course. And if I had my life to live over again I should pursue the same course. I think none are to be so pitied and despised as the time*serving 51

SB O.h.Robert a to January 1, 1867, in the Weekly Tdigraph(Houston).

30 John H.Reagan to George E.Burney, Chairman State Domocranio Executive Committee, September S, 1868. Papers. Concerning the unconstitutionaiity of these reconstruction acts this to Burney: * th® radical party, "' j' r deseed to engage in the recent rar to preserve the Union and enforce the law®*.now profees to have dissolved the Union by law — that Union which they held to be irrepealable. And the hypocrisy o f sir conduct in the matter is further illustrated by their treating us in the Union when they wish to submit to us amendments for ratification, and then telling us va are out of the Union when we ask for the nrotection of the constitution. And by treating us as in the Union for the purpose of being taxed by their authority, and out of the Union when we seek representation. B

31 It will be remembered that Reagan pointed out in his Fort "arren and Fort Houston letters that unless the states should reoownise their defeat heir sails to the rising demand for limited negro suffrage military n-overnments would result.

32 Reconatruction i? Texas has been adequately treated by Dr. Charles 'h Ramsdell.

33 ’inkier. Political les, 104, quoting fror Ramsdell, Reconstruction in Texas,

M I Md., 104-107. Toxas State Gazette, February 1, 1866.

35 The committee composed of John H.pjagan, chairman* P.”h Gray, XH. Parsons, and E. P. Cave.

36 Winkler, Parties, 107-108.

37 Reagan, M empire, 711 Reagan said, that • I ; almost blind nith sore eyes, I was made chairman of the platform

committee, and lying on a bed dictated the platform, which vas wri 11 an out by the Hon.T.M.Walton."

38 The Weekly Telegraph, July I®, 1368. Thi- tea ms b ■ - the of as he ms &aiwi of the committee, and the address followed the platform for the most part in a most ‘ntnuts manner.

39 A shbel Smith, J ."R Render son, C.G.Gillespie, and R. Lunday,(Houston), February 12, 1869 to John H.Reagan. Regain Pap/'j* -.

40 J I H.Reagan to Achbel and others, February 23, 1859. Papers.

41 John H.Reagan to,.^alton, March 3, 1369. Reagan Papera.

4g ebb to John H.Reagan, March 3, 1869. Reagan gapers.

43. John H.Reaga® to. W»G.Webb, Editor of the Tele yd, March 18, 1869, in the Telegraph, March 21, 1869.

44 Inkier, Poli ti ?al Partieg. 122.

43 Reagan, Memoirs, 235. He stated that he Tas married to Miss Mollie Ford, of too Palestine community; and the date given in his pempire, as May 31, 1865 <aa undoubtedly an error, and must be a y mr later. On May 31, 1865 he was in prison at Fort War* ren, Boston, and the conditions would have made marriage an impoedibility*

44 Ibid. He said that M ln the summer of 1866, I drove my wagon into town with some farm tools for repairs, and saw General John B.Hood on the square. Wt bad been good frier's, and I wanted to show him the courtesy due to our former relations; but felt much embarrassed uama I did not have a house fit to take him to. Butwith tins feeling of embarrassment I rent to : i - „ expressed -ratification at meeting hir:, and lol.t th th&t I rould like to extend to him the hospitality of my home, if 1 haf u respectable one. ’fell*, he said promptly, 1 I am going anyway*. He spent several days with me, during . n time we discussed a number of subjects of mutual interest,etc. H

45 m a V. 1.1. 7 , r BQ, 1331. _ .. _ a.

46 > John H.Reagan to George B.Burney, Chairman hemocratlc ibreeutive Co»mitt>a, September 1868. This was in to a •t to auuerj a ®aw meeting at Jaco on September 16,1869.

47 John H.Reagan to IMU dalton, Qhairmn of the State Democratic executive Committee, May 12, 1869, in reply to a request for his attendance at a meeting of the Committee to be held at st in, May

48 The Liberal Republicans held their convention at Cincinnati in May 1872. T * ay had nominated Horace Greeley for Pres-1 lent, and 3.Crate Brown, for vice-President* the third action of their platform stated that *lO demand immediate and absolute removal oi xll disabilities imposed on account of the rebellion whioh was finally subdued seven years arc, believing universal y. •. < /. . . ev;.l' L 1:3 on?, olct e- pacification of the country.” The fourth section read: ’’Local self-government and impartial fill guard the rights of all citizens more securely than any centralized power. The public welfare requires the supremacy f tie civil over the military,etc«”

49 The Standard, July 6, 1872.

50 The editorial,"The Great Speechest”, in the Dallas Herald, August 5, 1873.

51 to WJmtoa, May 1, 1873. Reagan Paper? •

Democratic Rule Reestablished

During the summer of I°7> the Galveston i i e desired the political views of Reagan -rd,aeoo • ii *iy, de - tahed a corwepondb* ent to interview him. Upon Ms arrival at Palestine he was informed that Reagan was at Athene attending court ,to which the gen. tS re p a .. ! ■■ f • ' ■ " -• ■ ‘ - -—1 e ft

Jo t 1 3 a 2 oquare-built m of about fifty years of age, whose weight must be bordering on tw-hundred avoirdupois. Hi a counterance possesses a remarkably shrewd expression, and he would readily pass for a Wew

York business man... tc * Judge, have you heard that a State convention has been called to meet at Austin on the 3 rd. of September? * u ’ I have not; I have been atending court in this and adjoin—-- ing counties and have not had time to read the papers. In fact the business of our firm is so great that I can not find time to keep up my private correspondence.* * « Your name has been mentioned in some of the papers in co nectiou with the nomination for governor. A® Ito understand that you are a candidate?* Kf I am not aware that my name has been mentioned in this connection. ’/y political disabilities have not yet been removed... If I should be chosen, it would afford a pretext for the Federal Government to interfere la our State affairs, and appoint one of their tools governor...A new question, however, has arisen, in which the future raterial prosperity of the Stats, in a great measure depends; and I am anxious and determined aa every citizen must be that the Democratic party and the State shall be right on this question.’

tt * Do I understand you. Judge, as positively deol tiding the nomination? *

u » If the convention should nominate me under the circumstances, I shall feel it my duty to make the canvass.* u * hhat question that will enter the coming canvass, Judge, is in your opinion the most important?* Undoubtedly the question of repudiation..lt is mv deliberate opinion that any court in the country would not-decide otherwise than that've are bound by the legislative action in the matter. But regarding it outside the courts, would it be just and honorable for the people of Texas to rescind a contract made in good faith? Any means other than & square adjustment of the debt would be a species of repudiation. No sir; the stigma of repudiation shall never mar the fair name of Texas; she has always met her obligations hitherto, and she will do so in this case, when ths matter is fairly presented to the people, ac I am determined it shall be presented.. .The Democratic party are not repudiationists and they will prove themselves so at the polls. But through good and evil report the credit of Texas shall be maintained. No party sir, that favors repudiation carry the day before the people. The Republicans are crying “Wolf, wolf** but there is no coif, fo r the Demo cra t s are not r epudi ationists.’

« Ju ige Reagan 13 one of the closest reasonerg I have e r &r conversed vith. he talks he speaks straight to the point, without any unnecessary circumlocution. Should this subject o * repudiation core up during the canvaaejHs no prediction for me to say that any speaker

opposing Judge Reagan on the stump is destined to an ignoinious defeat before the people. The lustice of his claims, combined his eloquence;, carry everythin be fore it. n 52

This interview was significant for several reasons, as it indicated ehat was passing through Reagan*s wind at the time# It is evident that Me opinions were held in higher astee® tian after he had written hie Fort barren address, or aven the vear Oa”oro he severely oritiaised for trying to organize a Gresley Liberal Republican party in. Texas with himself at its 5 g head. E'urtMr, it ia cleae tiat he was con terplat inn- entering

eve n polities, and that he ma steadfastly honest with regard to the International Railroad bondfej, which vere issuet by the Twelfth 53 Legislature muted tbs state to buy them.

The Texas Democrats the time ripe to another attempt to capture tee. Radical stronghold. Accordingly Cȴ.Winkler, Chairman of the State Democratic Executive Committee, issued a cull for a Democratic convention July 14 , 1373, to assemble at Austin on September 3.

The convention assemoled according to call. It rude nominations for all the state offices. It also adopted the .platform before making nominations. This r&s the first instance since the vur that the Democracy hud Lad the courage to put its nominees in the field upon a platform Which dealt with every phase of political, economic, and social activities of the state.

Richard Coke of McLennan was nominated for governor, and R.R.Wbbard of Sui th for lieutenant-governor.

Reagan was made chairman of the platform committee which was co"'rosed of one member from each of th e thirty senatorial districts of the state. It ms known as the "committee of thirty

The first section of the platform was significant:

tt We declare our adhesion to the time-honored principles of the Democratic party; our devotion to popular liberty regulated by la?; and to constitutional government simple in machinery, and to be administered vlth t v e strictest economy.”

The convention seemed to derive exquisite pleasure in belaboring the Radicals for their maladministration. Section six ms as follows:

” We condemn in the strongest terms all corruption in puolic officials, and demand the strictest honesty md economy in the administration, of public trusts, from the highest to the lowest officer of the government. B

Section nine, article three stated:

” This convention denounces as false and slanderous tie imputation, sought to be attached to the State of Texas by her enemies, that she contemplates the repudiation of her lust and lemal liabilities. B

Section twelve declared that ir "e favor vic calling cf a constitutional convention by our next legislature."

It closed an invitation to all men" without distinction of party affiliation to help in the radicals f rO v no"?er, to insure u w.-l -administered and econorioal yovernment> and **tc throw the of jwtfce anl over the person and nropertv of every individual Whatsoever in the State 54 of Toxas.«

Richard Coke, the Democratic candidate, received 103,291 vote- in the election in November; E.J.Davis, the Radical Republican nominee, 53,210. There were 1,419 scattering votes.

The Democrats had some little difficulty in securing possession of the State government. Davi a appealed to President Grunt for aid. But Grant had become acquainted with the political situation in Texas and refused to cove to Davis’s tanca. Thus by a circle Hoy the H’H ’ 3 ' H • -j tumbling like a house of cards. Radical government in the state was at an end.

52 , July 23, 1573.

a 3 Dillan Herald, August 34, 1873

53 Vooten, Gornprehenaive hi, story, of Texas , 11,313,

54 Hinkler, Political Parties, 157-163*

CHAPTER VIII Politics and the Constitutional Convention

State Politics

As long as Reagan was under the shadow of his political disabilities he could not hope to hold any office either state of national. He feared that hie election to any state office wulj probably be used by the Federal Government as an excuse to t interfere again in the domestic affairs of the state.

An effort was made in March, 1873, to have Congress es pass a general amnesty bill. This movement was daslmed to remove the disabilities of all the ex-Con federates, but the measure failed tn uaso. Its defeat was attributed to the Interposed 1 by tl□ Toxas Senator Flunnayan. rt In December of that year the

measure sag passed. All Southerners who had been disfranchised as a pewit of reconstruction measures were restored to aitizen-2 ship. Because of this act Reagan found his path clear to enter

politics again.

Reagan had moreover ambitions for the United States senator ship. Shortly after being restored to citizenship, he wrote to O.M.Roberts that

« So many of our political friends from different parts of the state have requested that I allow my name to be submitted to the incoming legislature for the position of Unite! States Senator to suocedd Senator Flannagan. And, unless your name should be presented for the same position I should be much gratified to have your good will and support, if you should think me worthy of sue- an honor and qualified for the high duties it would h n-p- the incumbent. Much as I would feel honors? by being thought worthy of this distinction, I would not mal s m self a candidate for it, but only became so by U 3 solicitations of many of our friends from nearly all parts of the state..*3

The Fourteenth Legislature took up in January 1874 the matter of choosing a successor to Senator Flannagan, whose term expired in March, 1875. On January 24 the two houses a joint balloting. Reagan, Throckmorton, Maxey, and Flournoy yere candidates. On the first ballot Reagan received thirty votes in the 4 house and nine in the Senate. At the beginning of the second

ballot J.D.Sayers who had put him in nomination withdrew Reagan’s name. Flournoy also withdrew his name. Reagan’s supporters it seemed.turned to Maxey electing him on the second ballot. The reason for Reagan’s withdrawal is unknown. He had an equal chance with T' rockmcrtcn. Evidently he feared that his future polit-Ical aspirations might suffer from a defeat.

gith the senatorial plum just a bit beyond his reach, this contest served to spur him on. It furthermore gave some favorable publicity to him.

Dvring May,1874, a correspondent to the Dallas Herald, writing from Tyler, said:

n Judes Reagan is here in attendance at court. It is not impossible to feel, when hearing him discuss public measurea, that a pow is lying unused that Texas ought to employ somewhere. Men of his calibre are too scarce not to be utilized when found.”s

The Statesman of Austin also mentioned in its issue of July 2, 1874,that the ” Hon. John H. Reagan is in the city, and we are highly pleased to notice that this gentleman is highly

spoken of as a candidate for Congress, etc.”

On July 25, the Dallas Herald carried an editorial, remindinv people of the first ulstrict th&t whenever it selected a representative to

” remember that John H. Reagan has experience, yreat ability, and firmness. If he has seen farther ahead than the multitude and uttered some truths unpleasant at the time, vet proved to be vise, select him to be your rapresentative."

Again, or August 6, the Weekly Statons an yrm further impetus to t ■• ■ J: *®aag<n is of large brain and varied experience. He has Atwed in the times that tried men's 3 Is a ■ with fire. And he comes out as pure as gold.*.

The result of these favorable comments doubtless a Seated Reagan by increasing his thirst for legislative honors. While business considerations may have induced him-tn orient rather reluctantly* For tw years later in a private letter he laid that he .did not ’Vieh to be a candidate because of the that u would be involved.

The Congressional convention of the First District "et at .. The convention chos u c.Doc of Jasper chairman, and Sparks Clayton, secretary. Twenty-one counties were represented with two hundred delegates in attendance. A committee of one from each county was appointed on permanent orcrani zation. During the meeting of this committee Reagan made an address in vindication of his past career. tt His effort,” 7 said the Galyegton kews,”7as brilliant and powerful”. On Septem-

ber 4 S.Herndon who vac seeking reelection made a speech in defense of his record. In his address he criticized Reagan’s rren letter of 1865, saying that it exhibited a bit of poor statesmanship in the writer.

The convention balloted for three days on Reagan and Herndon, On the fifty-fifth ballot Reagan received eighty-four votes and Ham don, seventy-three. The convention appeared deadlocked. Before beginning the fifty-six ballot, Reagan arose and withdrew his name, remarking that ” majority vote of fifty* three ballots out of fifty-five wah enough honor for him«. HernttMree his name* James H* Jones of Rusk county nf Cherokee were voted on for three ballots. Neither of them seemed to arouse any enthuiasm. The convention appeared to be unable to extricate itself from the dead-lock. Tom Bonner of Tyler, the leader of the Herndon forces, arose and renominated Reagan «amid $ wildest enthuiasm”. Jones withdrew his name in favor of Reagan. Reagan’s nomination as made unanimous. This brought to a close one of the stubbornest contests ever in the state in an effort to choose a congressional representative.

Rea<an had very little opposition in. his oann^e, lev ember election* Although ohosen in 1874 he did not take his seat in Congress until December 1875. In the meantime he became a delegate to the Constitutional convention in September, 1875.

He took his seat in the Forty-fourth Congress December 6, 1B?5 # He vas appointed to membership on the Committee on Commerce and Navigation, and the Committee on Expenditures of the Post Office Department. Like all new members he was anxious to so■ iethlng worth whlie for his const!tuents. irons to win his spurs* Ha did not believe that the Southern people had received the appropriations from the Federal Government since the var to which they were entitled. Now he determined to -et all he could, thrusting his hand into the money-bag as far . . In a private letter he told of his accomplish- ments along this line. He said:

n As a member of the Committee on Commerce, I obtained provement of Sabine Pass, and tl " the Ine and Weohea rivers an appropriation of $60,000, and for the mouth of the Trinity, 413,5-00; and altogether for the improvement of the harbors and rivers of Texas #462,500 more than has been obtained for Texas for these purposes since the 8

In the same letter he said:

” I. have attended two committees regularly and punctually; have never missed a vote in the House and have only been accent at one roll call during the session.. I have labored diligently and tried to labor discreetly to proote the welfare of our district and state, and of the people generally... If I find that the people wish my services I shall oe a candidate t'or reelection.. I believe that I can be of service to our people, but of this they are the proper ana only judges.”

There a slight flicker of opposition to Reagan’s reelection. This came from Herndon’s supporters, who were angry with Reagan oecuvee of his "coup du main” at Nacogdoches two yta,r- - They made some trouble for him. It was soon over- HH-ng of the convention in-September.

The Congressional convention met again at Nacogdoches, September ~ i.?G. After it had organised, Dick Orton of Naccgdcones arose and stated that since Nacogdoches fas the oldest city it -rac entitled to- speak first. He paused to see if anyone else desire i to There was no response. Then he said that he roul;.- pt the name of John H.Reagan before the convention as the proper one to succeed hiueelf. This remark met with a hearty '- t . . .1. Then ho that t-e no ilnation of Ic.Reawan oe made by acclamation”. The 9 morion carried wit three or four negative votes. 8

.fter hi 3 nomination Reagan delivered & to-hour address. He :ixore ■ . his jratifd - &t renos mataa. $ assured , -. , cf the aontl *e iOis fai ■. .rviae. He his t-< 'jpQ si tion oT out cuption and extravagance.

n Now the Republicans," he declared with emphasis,” who have had control for fifteen yearo of the government, aendorsement of their actsj anu ask it because they dali/that the Republican party is Union party, and because It opposes the Democratic party, wo ion they ■designate as the Rebel of the youth, and ito al * — the North. It appeals to the people to keep, alive the nations and feelings engendered during the late ar, am on which it rests its main hope of success.. The Democrats tender the issue that the Republican oartv has broken all its plames, using the government for individual and party advancement, denied the 3 so •us an f ielded the guilty from pun lehr-ent •"

He made a scathing arraignment of the Republican party for it ~ ; । । a* He accused the party dth deliberately demonetising silver for the oanefit of the money barons* Thia was the great "crime of f 7l‘ which precipitated the country into the panic of 1873. This great crime, said he, >u,oo.m ba laid at door of the Republican party, where it rightly uelooged.

" lan persuaded", said he in conclusion, n that you have nominated, elected and nominated me : because you have found that I do not shrink from my duty, and that I have kept up close with the business of the House. I answered every letter, no matter of how little importance.

I received, besides attending to my duties in the committees, or on the floor of the House, and without the aid of • clerk. I remembered what I owed to the people of the state of Texas, and to the people of this district.”

j n she election in November Reagan received 13,687 votes, 10 and his opponent. Cooper, 6,416.

The corrupt administration of Grant came to a close with the election in 1873. But the election produced a situation that almost caused a crisis* face of the first returns it that the Democratic candidates Tilden and Hendricks were elected* Shortly after the first returns had come in it to be rumored that frauds had been practiced in the states of Florida, Louisana, and Oregon. Some of the prominent Republicans had conceded Tilden’s election. They began to face about. They determined to remain in control, if possible. The matter bung in doubt for some time.

Congress assembled in December. On December 8, the returns were to be opened and the votes counted. The constitution does not specify which house ehall do the counting. The Republicans had a majority in the Senate and the Democrats, in the House. So there was danger to the opposite party for either house to counting and to render the decision. Hore existed a political

situation that Was fraught vith peril, for neither party ras willing for the other to gain the slightest advantage.

To save the day, however, a joint commission of both houses was appointed, approved by Srant January 20, 1'377. This commisbsion was Instructed to investigate the charges of fraud in the election and empowered to render a decision. This commission was oo mpc . ■ of five members from sad house, &&& fl - " the judges of t' 3 United States Supreme Court. As it me finally constituted it consislel of eight Republicans and seven Democrats. On its final Jecision the commission had voted on purely partisan grounds. As a result Hayes and feeler were adjudged legally elected. This decision was a bitter pill for the Democrats to shallow. It v.. ' particularly distasteful to the Southern Democrats for t-ey believed they had been ■ eated. ' ;he« rere severely criticise-. for accepting the decision. They were accused of bartering a ’’ay the election.

Reagan supported the resolution providing for tie oormlsion. treh 34, 1977 he delivered a prepared address at Pal- estine in defense of his course. He de Hared that the A isrioan people faced, without knowing it, the oriM'e in t eir history short of actual strife and -nr.

” It very soon became evident to all,” he declared, ” that it vac trie settled purpose of the Republicans that the Senate should count Hayes and Wheeler in, and that President Gran^Vh^7 d the aid of the army and navy see Iha* they -To this and a part of the aray and. naw were concentrated at the capital and all the ordinance, arms and munitions of war wore ordered to be removed from Southern to Northern arsenals.”

In case of an armed conflict there were certain grave and important facts that a prudent man could not with safety ignore. He said further:

" first of these was that it was apparently the desire of the more aggressive and reckless leaders of the Republican party to bring about a conflict of arms, as a matter of policy...as a means of obtaining a new lease of political power in the Southern States. " second was that Mr. Hayes would have had a Republican Senate to confirm his nominations to the varies offices, and to aid him in the organization of the government, while Mr. Tilden would have no such means of organizing a cabinet and of putting the government into operation. 4 fbe third, Mr Hayes would have been put in possession of the Executive Mansion and the symbols of office and authority by his predecessor. President Grant; while Mr.Tilden would have had but the naked title to the office of President. " fhe fourth was that Mr. Hayes would have had the command of the army and navy and of the Treasury to support and defend his claim to the office, with a part of the army and navy already concentrated at the Capital to support his authority; hhile at best Mr.Tilden could only have relied on such unorganized forces and means as might have been called from the different parts of the country. M Fifth, we were confronted with the fact that,only four out of the twenty-two Northern and Pacific States had voted for Mr. Tilden..Mr.Hayes in case of an armed collision would have had the material strength and resources of the rich and powerful North without division. K And sixth, in case of an. armed collision, Mr .Tilden would have been compelled to rely chiefly for material support on the impoverished and wasted Southern States, embarrassed in some parts of them by a prepond black population, which would have given trouble.”

The Republicans, he said, were anxious to force an issue. The Northern Democrats might vote with the Southern Democrats, he declared and aven timidly support the Southern cause; but at the firing of the first gun they would desert to the Northern camps. He had witnessed this during the late war.

« This, it seams to me”, he continued,"was the banquet, the feast of folly and of desolation to which we were invited by the rash and impetuous men who pretended to play on the passions and profit by the follies of their country-

men, in attempting to mraap and master the great problem before them, and temper the outraged feelings of a wronged and indignant pc reason, moderation, and prudence. rt But some say we ought not to submit to wrong. Tho is it in either public or private life, that does not submit to wrong rather than accent an alternative worse for Mi than the wrong? That nation or people is there, whose history has been worth preserving, that has not at some time been obliged to submit to great wrongs in order to avoid worse evils?

ff It has frequently happened in my life,” he said in conclusion, °that I have had to act a part in great public questions and that before a general public opinion has been formed on them. I have no other rule for my gui* lance than to try to master the facts and reasons of each case at act honestly and faithfully on and then to await and accept the judgment of my constituents on my conduct.”ll

The American people accepted the inevitable vtt? wood grace There is no finer example of the wisdom, the prudence, and ability of m h talcing orderly government than the acceptance of this decision by the people of our country. The Democrats of Texas sustained R c course in the matter. The State Democratic convention in 1878 declared that the decision of the Forty-four th Congress 11 should not be disturbed®, but that frauds in the future should be thoroughly investigated.

The prospects for Democratic success in Texas in 1878 was not so Might at the beginning of the campaign. In the first place two new parties had up demanding economic and polltl* cal reforms. These were the Greenback and Grander organisations. Both of them had been guilty of poaching upon the Democratic preserves. By this much the Democratic ranks were weakened. Aside from this some of the Democratic leaders had been Irritated at the conduct of Richard. Coke in resigning the governorship for the Wits ates Senatorship. Then there appearet several candidates br the governorship ; with a strong band of followers. With dissension withiM and an active enemy without oar tv ranks, sue ■ - ’- r the hero or .hr lookei anything but good.

During the earlv summer Reagan’s had been mentioned as a B dark home 0 for the governorship. The Demorat 1 c Stateman on June 1, said:

v ' tion about the color, and that he 13 the stateliest, strongest, clearest limbed dark bay that ever trotted over a political race course In Texas. There is none to deny that if the two-thirds rule be not rescinded, Rearau vay be the next governor of Texas. 0

The convention ret at Austin, July 1?. It organised and adopted the two-tbirds rule, which to prove its undoing. The supporters of each candidate came determined to secure the nomination of their favorite. J. Throckmorton, and R.B. Hubbard were the candidates for the nomination. It r&s evident fror the start that no one of 00- : ld secure the necessary two-tl it da.

On July 13, the convent ion called for Reagan to made an address. He delivered the following:

* : have three distinguished ■ 3©il iates for I e nomination for governor. Saab one is honest and h ithful as the other, and each one has a large number of honest faithful adherents, who are urging his nomination.

But you cannot nominate them all. The honor can be conferred upon only one of th® . It has been suggested you cannot agree. I wish to say to you, and for yon to remember, that the interests of the Democratic party and the interests of the people and the preservation of sound principles are of more importance than the sucness of anv individual. I therefore ask you to consider the situation calmly and to make such concessions as the nubile interests require. I do not know how to abandon a friend, but the public interests are above friendshio. ™e cannot have all our preferences adopted; we should accept what is oect from the judgment of all; we should ascertain the controlling element of the convention. o have advice from the San Antonio convention t’at it has just broken up. The Democracy there maw be strong enough to secure the election of a Democrat but anything of the • ihd endangers the honor of the party, ne; parties are springing up. Greenback and National par- They have peculiar vie vs. It is not my purpose to conuemn them, for I feel and knov that all sue organizations are to be simply accepted as protests against the action of the R Haan party for the past fifteen years.”

Reagan’s efforts to pour oil upon the troubled political raters availed nothing. In the balloting there soon appeared a deadlock between the forces of Throckmorton and those of Hubbard# Throckmorton and Lun sr were withdrawn* Thomas J.Devine of San Antonio was put In nomination. On the twenty-seventh baland lot Hubbard received seven hundred votes, and Devine, ieven ‘ undred^l^bty- one and one half, neither of the candidates A ware able to muster the necessary two-thirds. Another dead lock ensued, Hubbard’s supporters the name of Reagan. Reason, however, refused to pewit Ms name to be used swept as a means of preventing a disruption of the party# After two or three -days of ineffectual balloting it became evident that the convention vac hopelessly deadlocked.

The convention decided to appoint a joint commission composed of members of the two irreconcilable elements to undertake the selection of a suitable candidate for the nominee. Sixteen members for each side constituted the commission. The commission met in conference, and after four ballots chose O.M.Roberts, 12 Chirf Justice of the State Supreme Court.

On July 25, the day following adjournment,the Galveston News carried this statement:

« Judge Reagan tells your representative that he did not consent to allow his name to be used in the caucus conference except upon the hypothesis that it was absolutely necessary to break the deadlock as he prefers the office he now holds and can serve the people to better advanthere tt 13

The opinion generally prevailed in the convention that Reagan vas in attendance to secure the nomination. That he wanted the nomination to use the governorship to enter the United States Senate as Richard Coke had dona. Reagan would no doubt have accepted the nomination had it been tendered him. But he made no great efforts to secure it. It is reasonable to suppose that he ms there to induce the state Democracy to make some recommendation regarding the regulation of railroads. As a matter of fact, the thirteenth article of the platform declared : "We declare that it is the duty of the legislature to pass an act regulating the rates of freights and tariffs pn all railroads in this state.” This is noteworthy in that it is the first instance of a party declaration regarding railroad regulation. Doubtless his presence as well as his bill in Congress induced the platform committee to insert the plank referreu to above.

1 Texas 3tate Cgzette, March 31, 1573.

a Calves ton. N e , December 11, 1873.

■ 3 John H. Reagan to O.U.Roberts, December 26, 1873. Reagan Papers.

4 7 Statesman (Austin), February 3, 1374. The vote stood as foliovs: use Senate Total First ballots Throckmorton, 34 13 47 Reagan, 30 9 39 17 17 Flournoy, 8 2 10

Reson4 Ballot:

Throckmorton, 31 9 40 haxey, 46 13 59 Scattering, 11 4 15

5 DulUg Herald, May 6, 1874.

5 lohu H*Rea<*an to James "h Trustt, May 1878* Papers, University of Texas Archives

7 Galveston News, September 3, 1374.

8 John H.Reagan to James W.Trustt, May 35, 1878. Truett Papers.

September 3, 1876. The paper $&!&»* Judge Reagan vus nominated on ths Sth instant without opposition. He has held prominent and dlffTcnlt stations and alrays ith credit. He is termed what is called a eledge-hammer speaker* Always understands his subject, and compels his audience to

iiotm and wonder. His efforts in Congress in the interest of the state have been zealous and not fruitless. The whole state ■- A received the benefits of his attention unu anbors in Congress*

10 Galveston Nots* December 19, 1976,

11 Ibid.. Urch 27, 1877.

12 The result of the caucus was as follows:

First ballot: Reagan, 15; W.P.Ballenger, 2; John Ireland, 5; R.Q.Mills, 3; O.M.Roberts, 1; Charles Stewart, 1.

Second ballot: Reagan, 9; John Ireland, 1; R.Q.Mills, 2; O.M. Roberts, 16; D.B.Culberson, 1; Charles Stewart, 1.

Thira Ballot: Reagan, 11; O.M.Roberts, 19. The commission agreed that the highest candidate on the fourth ballot should be declared the nominee. At this point w. I. ' r alton and Wells Thompson came in making the number of the commission complete with thirty-two.

Fourth ballot: Reagan, 13; O.M.Roberts, 18; and R.Q.Mills, 1. The commission declared Roberts the nominee.

13 Reagan, Memoirs, 345. Reagan said that w.L,Moody, Jemison, and J.R.Robinson came to his room at the hotal on Sunday night, July 21, and requested his permission to place his name before the convention for nomination. They assurd him that they thought he could easily win. But he told them that he had introduced a bill May 3 "to regulate inter-state commerce and to prevent unjust discriminations” in the House of Representatives, and he preferred to return to Congress and to urge the passage of his bill.

The Constitutional Contention 1875

The Democrats of Texas ousted the Radical Republicans from as power in 1873. They elected their choice Richard Coke governor. The Radical constitution of 1869 did not please the Democrats any mor< than their administration. They hated It because of ■n. EU*Davis had been the director of the constitutional convention in 1869 and had the document its final touches. Naturally they would find fault with anything with whic-.. .vie had had any connection. But the constitution waa imperfect. And the people complained about it.

The State Democratic convent ion of 1373 unanimously adopted a pl ioh contained a statement regarding a constitutional corven Sion & Article twelve of the platform declared that "wor tib calling of a constitutional convention by our next 1 sgistature*• Twed*ately the press of the state fell into . They began their agitation either for a new constitution or 14 csr A of the old one. Oue of th -re

itutic - ’ • r than cc feinued s ’ ft idments to the old one. uses of Reagan, Throckmorton, and John I • d

15 as being well qualified for delegates.

The people wanted to know Coke*s attitude on the subject of a constitutional change. In his first message to the Fourteenth Legislature, he admitted that the constitution of 1869 was radically imperfect, and needed changing in some particulars, b e He suggested either a new constitution or that old one A patched up with some necessary amandmenta . It could then, he said, be passed by a two-thirds vote of both houses and submitted to the people.

The House, however, did not wait for the governor’s advice before tackling the job. It passed a resolution on January 20 providing for a brand new constitution. The law passed the House March 6 by a vote of forty-four to thirty providing for a constitutional convention.

The governor sent a special message to the legislature in March in which he objected to the calling of a convention. He suggested as his reason for his objection the bad financial condition of the state* He recommended that a commission of both houses be appointed to propose some amendments to the old one. This suggestion met with some favor.

A sub-committee was appointed that worked out a constitu- tion. TM ? constitution aoneietei of about -crty *3ayere ocnatitvtioc. ; Senate readily accepted this constitution. 3c ttl refused to agree to it. By a vote of forty-five to twmtiwdne ■ as! le the report for lbs ie s -.. bi t h next . i «t e oo- ctitvtlon would not be abaeptdd by the people, and that - . fOvld idee standing with e eif ■ ' - . n

The Fourteenth Legislature adjourned May 4, 1974. The peos le era angry with the legislature for not providing for a constitutional convention. They said that patchin- un the old constitution was putting new wine into old bottles. The Nacogdoches Congressional convention that met in September and nominated Reagan for Congress expressed itCself plainly in favor of & constitutional convention. The fourth article of its platform ■statedt

« emand a constitutional convention at the earliest ra -: ■ 1■ < ■ :, ’ ereby li. s ' rue' our f t >rs and representatives to vote for the call of the said It ■ „ s&nbl v in their next session, or resign their trust.*l7

The other five Congressional conventions agreed with the First District at Nacogdoches in regard to the convening of a constitutional convention. This movement of the people got action. The papers over the state took up the ’’hue and cry". They began to pick the constitution of 1869 to pieces in real earnest. So loud and persistent were the demands that Governor Coke was brought to see the light. Consequently, in his message to the legislature in January,lB7s, he referred to the constitution of Texas by universal consent, admitted to be, in many essential particulars, an extremely deficient instrument. n

n The causes which one year ago rendered it imprudent to call together a constitutional convention,” said he, ’’have ceased to exist, and the time and temper of the people are propitious for the work of constructing a new constitution. We no longer fear Federal interference; we are not hampered with financial embarrassment; the popular mind is free from passion or excitement, and views the great question to be solved through no discolored medium,...and are now prepared to act.”

The governor suggested ninety members, three from each senatorial district, that number he said would be tt sufficiently large to make the body fully representative, ana not so large 18 as to be unwieldy.

The legislature took up the question# Both houses wrangled with it until late in the spring, when finally it became necessary to appoint a conference committee to put the matter into shape.

The joint resolution in its final form provided that a constitutional convention should assemble in Austin on the fir** Monday in September, 1875. It was to be composed of ninety members, three from each senatorial district. Delegates to this convention were to be chosen at an election to be held on the first Monday in August, 1875. At this election the voter, in voting for delegates , was required to record his vote "for a convention" or " against a convention". The sum of $lOO,OOO vu3 appropriated to meet the expenses of the convention in case 19 the project carried with the people.

Reagan became a candidate for a seat in the convention at the earnest solicitation of his friends. He said at first there was a little objection to his being a member of the constitutional convention and at the same time holding a seat in Congress. But he dispelled this by referring to John Randolph of Roanoke who had served in a constitutional convention of his state while a member of Congress. Further he said that both Hemphill and Lipscomb served in the- constitutional convention of 1845 while members of the Supreme Court.

He began his canvass early in July. The Democratic States- man of July 21 said:

” John H.Reagan gathers great throngs every day to hear him expound the necessity for a new government for Texas. His speeches are masterpieces of political learning and stateemanship”.

In a speech delivered at Palestine July 6, he gave hie views vary clearly:

11 With the advice and consent of the Senate the governor should have the appointing power, and should be held strictly responsible for the conduct of the Secretary of State, Comptroller, Treasurer, Attorney-General,etc. The legislature should be elected biennially and convene soon thereafter.( election) Private and hurried legislation should be guarded against. « The administration of justice suffers not from any fault or defect in the judges, but in consequence of the vicious system under which they labor. We want a system by which the laws car be more cheaply and expeditiously administered, black element is one evil we must mend and provide for. ” We want a constitution, not that of 1345 nor of 1869, but a constitution with reference to the character of the people for whom the laws are to be made..ln this county a boy for stealing a box of sardines, and a woman for stealing two baby shirts have each been sent to the penitentiary. The trial of such oases by the district court makes courts expensive, consumes much time, which works a great injury to individual interests.”2o

In a latter to O.M*Roberts Reagan suggested a method for dealing with misdemeanor oases:

” An intermediate court between the Justice court and the district court with right of appeal to the District court, the cases to go no further, would be one means of disencumbering the dockets of the District and Supreme courts*. I have thought that it might be best done by giving exclusive jurisdiction of all misdemeanors, exceot such

as arise from official misconduct, to the Justice of the Peace’s court, and to extend their jurisdiction to civil cases of the amount of two hundred and fifty dollars, or some such sum..l would allow civil cases to be taken from the Justices courts to the District court by certiorari: but not to be taken by mere appeal on notice to prevent litigation for delay only and where there no merits.«2l

He further that all males between the ares of sixteen and forty-five should be forced to work the roads. ’’The road tax”, said he,” is a swindle. The people pay it, but who knows of any work on the roads." Every tax-paver, he thought, should be allowed to vote. Juries should consist of intelligent citizens of only those who are qualified to serve.

He said in one speech about the school system

« I never could see that I had the right to make another man pay for the education of my children. I cannot see the justice of it, and do not, therefore, approve of taxation for this purpose. I would be in favor of setting apart as a school fund one-tenth of the annual revenues, but would not levy a special school tax. He also have a magnificent school fund in lands. The first school system v/as made for the benefit of the colored people, and me a part of the Radical plan for enriching and benefiting themselves and the negroes and of punishing and impoverishing us and confiscating what little property the rar left us.” Speaking of ths nature of a constitution, he said:

H A constitution should be short and Plain. Even the constitution of 1845 has more in it than in my judgment it should have, and one of the greatest objections to

cur present constitution is that it is burdened with legislation. Questions of policy or those of a temporary nature should never find their way into a code of organic law.® 22

The convention was composed of seventy-five Democratic delegates and fifteen Republicans. Six of the Republicans were nemroec. On the second day one of the colored members became insane and resigned. A Democrat chosen by a special election took 33 his place. McKay said that the convention contained forty-one

farmers, twenty-nine lawyers, and a few merchants, editors, stockmen, and physicians. About fifty nercent of the members were Grangers. This fact gave the Democrats some little concern.

Governor Coke Issued his call for the convention August 33, and the convention assembled in the hall of the House of Representatives September 6, 1875. Charles DeMorse, editor of the Clarksville Standard, called the convention to order* J#W»Whitfield of Lavaca county we made temporary chairman. H.B.Pickett was chosen permanent chairman on the second ballot.

Reagan was appointed member of a number of aommi ttees, the most Important being the Judiciary committee.

Reagan had said repeatedly during the canvass that he con- sidered five dollars a day was ample pay for a member of the con-24 vention. On September 8 he reported as chairman of the commit-

tee on per diem and mileage a resolution providing that the members should receive five dollars a day and five dollars for every twenty-five miles traveled to and from the convention ”to be computed by the most direct route.” In making his report he said that "some reduction of the general expenses was expected by the people”. Further he said that the committee felt that such work should begin at the commencement of the proceedings, and that they had tried to avoid extremes and to be as reasonable as possible. After some discussion by the members the convention adopted Rea-25 ganlc report. They set the pace for economy at the beginning.

Cook, chairman of the Committee on Printing, reported on September 10, a Proposal for furnishing- the delegates with dailv papers to send to their constituents, giving prices. Cook said that he recommended the State Gazette because of its full stenographic reports and that a contract could be made to secure the paper at five cents a copy. McLean of Titus suggested that the convention subscribe for 1,800 copies of the Gazette. Martin of Navarro moved to postpone the matter indefinitely. Reagan spoke against McLeans substitute motion. As reported he said:

” *-lf they wanted to pension a paper, to s*et it as an organ for the convention, then he cared not what paper it vas he opposed it, for he had looked for many years upon organs as an evil and a curse. Outside of the vant of utility of subscriolng for papers, there was another question pertaining to it. The people had demanded that the expenses of the State Government should be reduced. In obedience to the general demand they had met, and one of the earliest acts ms to deduct #O7O a day from the per diem of members. In addition they had reduced the expenses of the convention to one-third of that of the last House of Representatives. Thus far they had started off in obedience to the will of the people in maintaining an economical expenditure....lf they were to support papers friendly to the convention and its objects, then they would not be doing their whole duty to confer its patronage on a single paper. The great mass of the Democratic papers of the State,so far as he knew, were supporting the objects of the convention. Then why should they discriminate, when all were promoting the objects of the convention in securing a good constitution?. .If they were to maintain the unity of purpose they had commenced in the convention, they should not vote needless expenditures of the public money without receiving corresponding benefits. He would vote to indefinitely postpone the whole subject. ”

The question indefinitely postponed by a vote of forty' eight to thirty-five.

Robertson reported for the employment a stenographer to take the proceedings of the convention. The resolution provided that the salary should be ten dollars a day. The motion lost. Flournoy moved to reconsider the question. Reagan had championed the matter from the beginning. On the motion to reconsider he spoke for the motion:

« A knowledge of free and popular government might be embodied in the laws of the future, but that was not sufficient for the support of the principles of such government. The basis and true support was in the Knowledge which the people at large nad of the principles of self government-and popular liberty. Discussions of the nature of those brought out in a constitutional convention went to illustrate and to explain the doctrines of their system of government. Some of the features of the debates would, no doubt, go out in the current history of the day, but in addition there should be something reliable, to enable the courts to understand the provisions of the constitution subject to misconception, and in'order to do that it seemed to him that it would be well to preserve the debates of the convention, so that they might thereafter be reached by the people, that their minds might be fully imbued with the principles discussed and. embodied in the constitution. «If expenditures were justified for any purpose other than the mere making of the constitution, it was for that which furnished to the people of the whole, the reasons which influenced their action, and which suggested the various provisions of the constitution, and would aid their interpretation of the constitution when it was made♦ 8

The motion was debated for two days. It was finally lost 23 on. September 16, by a vote of thirty-one to fifty-three.

the On September 27 the Committee on^Legidative Department reported in favor of thirty-one senatorial and twenty-seven repro resentative districts. McCormick of Colorado county moved a sub- stitute providing for thirty senatorial districts with one senator and three representatives from each district. He appealed to the magnanimity of those sections that had large Democratic majorities to remember the "citizens of his county, who had so 27 long and so patiently suffered wrong and oppression”

Reagan spoke for McCormick*s substitute:

« He said that those down-trodden people were turning with anxious eyes to the convention for relief. He appealed to the delegates to save them and give them representative government. He said that it was very distasteful for him to have to discuss the subject, but that it must be evident to all the delegates that a large portion of their countrymen were incapable of self-government. On general principles he favored local option, but the situation in the eastern counties of Texas was peculiar♦..lf the convention did not help the people of those counties they would be compelled to remove with their families, or be tempted to coalesce with the Radicals.”

September 39, Ferris of Fllie county made a motion that the public debt of the State should never be increased more than ”except in case of war, to repel invasion,or suppress be insurrection, 11 and in no case should the or bonds issued except by a two-thirds vote of the legislature. Reagan offered a substitute which added to the Ferris resolution,"except to supply deficiency in revenue.. and the debt created to supply deficiencies in revenue shall never exceed in the

gate, at any one time, $200,000". There was some debate but the Reagan substitute was adopted by a vote of forty to thirty-four.

The Committee on the Executive Department reported on October 5, with the following salary schedule of the state officers: the committee allowed the governor #5,000, the comptroller, treasurer, and land commissioner #2,500 each, the attorney-general #2,000 and fees, and the secretary of state <2,000 an no more. Johnson of Collin county moved to reduce the governor’s salary to #4,000. His motion was lost, but later in the day reconsidered and passed by a vote of forty-four to thirtytwo. There were attempts to reduce the other salaries, dills of Grimes wanted to reduce the secretary of state’s salary from <2,000 to #l,BOO but his motion failed to carry. German of Fannin moved to reduce the salaries of the comptroller, treasurer, and land commissioner from $3,500 to $2,000.

Reagan moved to strike out $2,500 and insert #3,000. He said in defense of his motion:

H He eaid the salary na the lowest that ought to be offered for ouch responsible and important positions and though -on might be got for less, it fas degrading the lavs and glory of our proud State to reduce these salaries beyond reasonable compensation for the sake of saving #1,500 a year in these three important offices.”

Reagan’s amendment was lost by a vote of twenty-one to fifty-five. German’s amendment was tabled.

The suffrage article produced more argument and more heated discussions than other portion of the Executive Committee’s report. Section two of the suffrage article provided that "only those citizens who had paid all poll taxes due the state and county might Consideration of this article occupied the major portion of the convention for several :hY9. Reagan, Bohonay, Stockdale, and Crawford supported the poll tax requirement for exercise of the elective franchise; while DeGorse, Flournoy, Ford, and Ballinger opposed it.

said the inclusion of the amendment in the constitution of the state involve the state in a difficulty with the Federal Government. He quoted section two of the Fourteenth Amendment in support of hi 3 contention. He inferred that if the suffrage were our congressional representation would suffer because of this abridgement. Mills, one of the Republican members , declared that it fas a thrust at tl e colored voter.

Reagan spoke in part:

n He said be /as not surprised at the argument of Mills, but was at the proposition of Flournoy. The Fourteenth Amendment had been adopted to prevent the Southern people from restricting the blacks from voting# and was now virtually superseded by the Fifteenth Amendment, which ?as now in full force... Georgia and Tennessee had adopted similar clauses in their constitutions in 1870, and Penn•sylvania in 1874, but Congress had not interfered with them...lf the clause contained a righteous principle it ought to be maintained. It was in the nature of a compact between the state and the citizen, by which the latter contributed to the government hioh protected him. A refusal to contribute to the support of the government ought to disqualify the citizen as to suffrage.. It was the floating, irresponsible populationrthat controlled at elections, and, though they had contributed nothing to the support of the government, they claimed the right of administering it through the election of its officers. *2B

Reagan offered an amendment to the suffrage article, which substituted ’’the last poll tax” instead of ”all poll tax due by him,etc”. Reagan’s amendment was lost by a vote of fiftytwo to twenty-eight#

The Judiciary Committee of Reagan gas chairman made its recommendations in four different reports, Ballinger and seven others presented the majority report, Reagan and three others, th® minority, Norvell and Douglas, one, and DeMorse another one of his om. McKay said that Reagan*s report " ? as accepted as the 29 basis for action.

The Reagan report attempted to relieve the crowded condition of the higher courts. It gave cases involving . or less ever to the justices courts, and also enlarged the jurisdiction of the county courts, thus tending to relieve the dockets of the district and supreme courts# His report recommended changes in only eight of the twenty-two articles of the majority report..

The judiciary section of the constitution in its final form provided for a supreme court, court of appeals, dietriot courts, county courts, justices courts, co ■. issioners courts, and « such other courts as may be established by law”. A supreme judge must be thirty years of age, an. suat have Men a practic- ing lawyer for at least seven years.

A district judge must have attained the age of twentyfive years, and have been a practicing lawyer for four years prior to his election. The districts courts were given original jurisdiction over felony cases, and over civil cases where the amount involved ms |5OO or more. There were established twentysix District courts .

The county courts were given original jurisdiction over misdemeanor cases, and over civil cases where the amount involved was between $2OO and #5OO. There were other minute provisions 30 of more or less importance.

Reagan was regarded as one of the ablest members in the convention by his political opponents. Many of them had occasion to differ with him on some questions but they recognized his sound wisdom. Weaver with others opposed the poll tax requirement for voting, which Reagan advocated. leaver made a speech before the convention October 13 in support of his position. Ha recognized Reagan*a ability in the folic ing:

” hr. President, whenever I find myself differing from the gentleman from Anderson, I stop to inquire whether I am wrong, for I regard his as one of the greatest, if not the greatest living.statesmen in Texas to-day. B

Franklin of Collin referred to hi® as the Great Commoner.

San Anton; Seotomber 84, 1871. This paper f vvlt r ' -' -/ * ; fee system is being tod " . o

15 Pano la November 26, 1875, quoted in McKay, Making the Constitution of Texas, of 1876, 50.

H Malay, Const!tutional Convention of 1876, 57 •

17 Galveston News, September 2, 1874,

18 House Journal, 1875, 15. MoKav, 60.

19 Gammel, H.P.N., La.vs of Texas, VIII, 573. '4CK^-V»66

20 emocratic Statesman, July 8,

21 John H.Reagan to o.Roberts, August 5, 1375. Reagan "WQ.

Democratic Statesman, July 31, 1875.

23 MoKav,S,S.» The Constitutlonal Convention of 177 5» 74.

34 xPemooratlc Statesman, July 20, 1875.

35 State Gazettc(Austin), September 9, 1875.

State Gazette, September 16, 1875. This paper said that enough had been consumed in the discussion of the matter to pay the salary of the stenographer. It also criticized Reagan for tt leading the crusade 8 againat a free press 8 on the miserable pretext that the Democratic press has no use for organs... 8

37 In 1869 the Radical Republicans had gerrymandered the state to favor their party interests.

28 State Gazette, October 7, 1875.

29 McKay, Constitutional Convention of 1876, fl.

30 1bid..93-94.

Reagan’s Defense of Democracy

The year 1878 saw the rise of new parties in Texas. A number of new organizations sprang up like Jonah*s gourd to flourish for a season and then perish. The Grange, the Independent Greenback, and the Greenback- Dabor parties were organized. Some of them held conventions, adopted platforms, and put candidates in the field for the state offices.

The Democratic party had some friction within its ranks. As a result many of the Democrats who had become dissatisfied with the party became converts to the principles of the new party organizations. The new theories of reform advanced by offered the new parties appealed to many. something new, and many left the party and united with these organizations because they were new. The Republican party was quick to perceive the lay of the political land, and began to entertain hopes of being able to stage a come-back. With party friction within and the activity of the new parties without,success for the Democrats at the polls appeared doubtful

"hen the State Democratic convention adjourned at Dallas Reagan began a speaking tour in behalf o£ the party. He gave hie attention to the Greenbackers. He urged then to return to the Democratic ranks whence they had strayed away. He delivoted addressee at San Antonio, Galveston and at other places.

He delivered an address at Galveston September 28. He demonstrated the long series of clues legislation enacted by the Republicans in Congress* One of these measures -hid Me criticized eas the Rto\ption Act. This act,he said, had enabled the bondholders of the East to fleece the common people out of millions of dollars. The Republicans bad demonetized silver, taking away from the common people their own money. This legislation, he declared, produced the disastrous panic of 1873. The party bad also prevented through legislation the purchase or register of foreign-built vessels, which had for M its purpose the building up of the interests of the marine at the expense of the entire policy country.” The pro test by the Republicans had saddled the country with the burden of government. And to reach the limit of arrogance and oppression the Republicans last winter, he said, had increased the army to 80,000 men to suppress "suffering and Indigent people.* These acts were so oppressive and burdensome that he did not understand how anyone could support the Republican party. He then turned his attention to the Greenback party.

” The mass of Greenhackers; “he declared, n ha 4 been deceived by unscrupulous leaders* The facts are the Demo- cratic party has always in the past contended for exactly t : e sama things #hlab the Greenback party is demanding. The charge that is made in the Greenback platform that the old parties have oean derelict in their duties is without foundation as regards the Democratic party, and will not be repeated by any honest man after he hoars vhat I have to say. the national banking system inaugurated, the Democratic party denounced it,

and fought it at every step of its progress; the Democratic party has opposed the demonetization of silver, and in fact, has supported every measure now demanded by the Greenback party/ It is evident that there is no need for a new party— the Democratic party will afford them all the relief they need..

There is no need for them to find themselves in the political fellow-ship with T.J.Davis and his political associates.”3l

In the November election Roberts, the Democratic nominee, vas elected by a vote of 153,933 to 55,002 for W.H.Hamman, the Greenback nominee. Hamman made a respectable showing, although in the ’’still hunt” methods. The Greenbackers made a lot of noise during the campaign, but it was their strength the polls that gave the Democrats concern, rather than the din they raised. This their first romd in the contest, and it certainly was not an insignificant showing.

The appeal of the Greenback party was made directly to the neople. They minted plentiful and cheap money. They Claimed that paper money vas the money of the common people. Such an appeal vus almost irresistible to parsons unacquainted with the laws of finance. Further than this advocation of cheap money their speakers went out into the highways and hedges and exhorted the people to come into their feast.

But as the a as of the Greenbacker a Increased, the resistance and pugnaciousness of the Democrats stiffened in a like proportion. In his speech before the State convention at Dallas Reagan said that he did not intend to denounce the Greenbacks?* for their cry of reform* He said that it was only a legitimate protest against the maladministration of the Republican party. But in the space of a year he saw their growth, ana their flanger to the Democratic party. He changed his tactics He began to use hie "sledge-hammer* blows against them, smiting them "hip and thigh®, and to denounce them as enemies of the country.

In the Ldl of 1379 a political "free for all" contest was held at Denison, Texas. Senator Coke, and Congressmen Reagan, Throckmorton, and Wellborn made speeches. Hamman, the Greenback nominee for governor, was also there to engage in the debate. The crowd was small,however, because of the competition the speakers had with the Bailey International Circus. This entsrtertainaont excited the crowds more than the political windmills.

Hamman gave a glowing picture of ■" merits of Greenbackis® He denounced the Democratic party for its neglect of the interop t-j of the common people* He declared that the spoils of office attracts . representatives of the party rather than the common r Ifare of the country. Meagan replied to Ha an* The psaieoa Ho-vj reported the ’reply of Reagan to Hamman* It aai<|

w® do not think he has a superior in the state as a reasoner. He is at home on this finance question, and Ms congressional record on Ms finger tips. Tnen he finished with the ingeniously constructed argument of Hamman, Greenbackism vas torn to shreds. M 32

The outlook for Democratic success at the polls vas not so bright. The Republicans in their state convention in March had healed the breach that had existed in their ranks. The chairman of the convention, F.J.Davis, advised his followers to "pay less attention to national affairs and to devote more attention to Texas affairs.” Furthermore the convention appointed a committee to enter into alliances with other parties against the s■■ cratic party if It considered the plan feasible. This scheme was doubtless proposed to heal the breach in their party and to form an alliance with the Greenback-Labor party. This had been attempted two years before but it had miscarried.

The Greenback party, probably taking its cue from the Republican party, iecided to concern itself /more with state affairs than with national issues. Their whole interest was centered in defeating the Democrats. In the Greenback convention at Austin, June 23, thir entire platform-was given over to complaints against the Democrats, calling their rule ’’Bourbon Govern ent”. The party mads no commitment as to its alliance with the Republicans. But there seamed, to be a tacit awreement oetween the two parties that they would concentrate their attack upon the Democratic party and ta unseat it if possible* This vus the view the Democrats had of the situation. as a

result that were not perfectly happy or sanguine over the prospect.

The Democrats held their convention at Dallas, August 11 - 1?, 1880, After the convention had been organised, Crain,of vaca, moved that a committee of thr ea/del egate s be appointed to invite the visiting congressmen to address the convention. United States Senator Maxey, and Congressmen Reagan, Wellborn, and Burger addressed the convention. Reagan followed /ellborn. The Dal la s Herald reported Reagan’s speech as follows:

’’ Mr. Reagan said that the Greenback party was a party of complains, and was doing the largest amount of business on the smallest capital that was ever attempted by a political organisation. He defended the Democratic party against the wholesale charges made against it by the Greenbackers and accused the latter of lying in that connection and proved that every reasonable and just demand made by the Greenbackers had been stolen from the Democratic party, which had a patent-right to them long before the Greenback party had an existence. .He denounced the Greenback party as a fraud, and showed how it affiliated and coalesced with the Republican party in Texas, and makes all its denunciations against the Democratic party., that it has for its object the advancement of the interests of 3. J.Davis, and his old plunderers, who are Greenbackers of the second degree. .Reagan made the original remark that there would be guerrilla bands of Greenbackers during the coming contest following the Republican army, plundering camps, and he suggested that they be gently kicked.’* 55

The committee on platform in this convention complimented Reagan by inserting in its platform the following article;

’■fe favor euch action by Congress, within its constitutional power, us will prevent unjust discriminations and extortionate rates of charges for transportation of interstate commerce. * It may be further noted that the State Grange organization of 1880, in its platform urged the passage by Congress of the "Reagan Bill”. It further urged all the members of Congress from Texas to land their best efforts to secure its enactment. It will we remembered that Reagan.had introduced his bill in 1878, to 'regulate interstate commerce and to prevent unjust discrimina- tions by railroads* It «s now pending ) fore Congress.

About a week following the adjournment of the State Dem- ocratic convention of IRBO at Dallas a debate took place between democratic proponents and the Greenback defender. and 34 Rover Q. Ulis contended with G.w.(Wash) Jones, the Greenback

exponent. Jones was an independent candidate for governor on the Greenback ticket. He was one of the cleverest jointers the state has produced* With natural eloquence and with a sarcastic tongue that cut like a rapier, he was a foe that not many debaters cared to meet.

The debate took place at Tyler, Aurost 14. Jones replied to Mills in a two-hour speech, handling him unmercifully. Reagan replies to Jones in a speech of equal length. The Gal yeston Ne ws said of Reagan l

« Judge Reagan answered in a two-hour speech, hurling sledge-hammer blows, and using every argument to crush out the wild fallacy of the Greenback question. After showing the ruin that the unlimited use of irredeemable fiat money would bring on the country, he procee Is show that the Democratic party was the only party which had e/cr clung to constitutions, 1 gover ■ t and civil rt/* He alluded to the alliance of the Greenback®* s and Republicans to break io vn the Democratic party. Eis speech was frequently and loudly applauded." 35

Thia joint discussion must have been a political struggle of unusual importance. Tw years later the reporter for the Calvecton Nevs referred to the fact that Jones co? pletely demolished Mills’gar gum ent , and had Reagan so hard pressed that it required all of his debating skill to come off nth anything like 36 equal honors.

The Centressional convention of the Birst District ret at Hacogdoches, September 3. Barren, of Cherokee moved that the nomination of Reavan to succeed himself oe made by acclamation, •every delegate in the large ball rose amid cheers and applause. o Reagan addressee the convention for t.vo hours. His speech -as a terrible denunciation of Greenback!cm ahd the fiat money The 'V rector Hers said that he * blistered the leaders of the Greenbackers for attempting to lead the people astray.® ®The people of Nacogdoches,® continued the paper,® believe that Reaman has driver, the last nail into the Greenback oof-37 fin."

Reagan delivered an address to the neo ole of Austin, Sept ear her 37, and the Democratio Btatcaran said that the *Hon.John H. Reagan..addressed a very large and intelligent audience last 38 night at the court house on t v e political issues of the day. 0

The year 1882 comparatively mild in the political camps. The leaders found it rather difficult to rouse their forces to any great degree of entbuiasm. E. J. Davi 3, however, vas on the scene. He made another attempt to fora; another coalition of the disgruntled elements against the Democratic party. His effort, however, these parties had experienced at the hands of the c voter 3 made them avoid any actual aggressiveness. They preferred to remain in their tents to criticise and to sulk. There *ae one exception, namely G. '1 Jones. He vao the same aggressive and pugnacious individual. He vac still on the xatOpaih seeking the political sculps of the unsuspecting Democrats.

Reagpn took bery little interest in the campaign of this teas ras lata in adjourning, and then Reagan rae seriously ill during the latter have of the canvass. Oulv when the 39 enemy invaded his territory did ha oestir bin self.

On September 9 there occurred a political Incident at Palestine that.brings to mind the days of knighthood and. chivalry• It recalls the story of Rhoderick Dbu and James Fi James. This vac the joint debate between Reagan and G.^.Jones.

Jonas had a speaking engagement at Palestine, the home of Reagan. He arrived in the town in the midst of a driving rain. He Imae-..lately went to the home of J.T.Pells to spend the night. Reagan learned of Jones’s presence in town and set out at once to bring; the distinguished speaker to his home to entertain him during his stay in Palestine. Jones gratefull accepted the invitation of his political enemy. But before leaving town Reagan had some announcements distributed that he would reply to Jones that night at the opera house. " It was a courageous act,” said the reported to the .Gal ve3ton News, • for the champion of the new movement to meet MacGregor on hie native heath. n

That evening when Jones arose to deliver his address he faced an audience that was almost unanimously sympathetic with his opponent. It Indeed the gathering of the Reagan clan.

Jone paid a very high compliment to Reagan who had enter- tained him so graciously.. He declared that at this time the

Democratic party had brought to the front a if anything could be saia gooa of the party, had the mental capacity and oratorical poware to s&y it. 3 $Md if bis c»ppen«t coula succeed in vanquishing him and the Greenback party, the Democrats ought to request John Ireland to retire and call upon to fill his place.

In opening his address Reagan stated that Jones vas the ablest representative of that faction opposing the Democrats in the state. Re further expressed his pleasure at meeting so able and so worthy an opponent. He defended his party principles. -mi.u >• '- ■; the party huu always favored gold and silver, and paper money convertible into either coin at par. He then turned to Jones and said sarcastically that a couple of hundred thousand Greenback-era claiMad all the virtues of the country without regard to the eight million of Democratic and Republican voters. He complimented Ms opponent with being the feet nominated nun in the country. St said that Jones had been endorsed by the RepubMsan convention at lactin, by the Greenback' GGnten* lion at Fort Forth, and by bi. self on the Independent Greenback ticket' of all Texas.

As Jones making his preparations to leave following the de % >olltaly Infor ■ ■ ' • b d ould reply to every speech he should make in the First District. Jones had three appointments in Reagan’s district. And at each one when he arose to speak he looked into the face of his courteous but persistent political enemy, who was present to answer him. The reporter for the Galveston New 3 , remarked rather flamboyantly that 40 ” Mr. Reagan worsted him”.

Reagan delivered an address at Tyler September 16. He denounced the Greenback party for its coalescence with the Republican party. He demonstrated how widely different were the prin- of the two -parties, vet how true to each other were their conduct and practice.” His speech was a masterly effort,” said 41 the Galveston News,” and did much good here for the Democrats.”

With the exception of a few speeches delivered in some parts of his district recently added through a reorganization 42 of the district, Reagan took no further interest in the campaign.

From this date Reagan did net manifest any great Interest i in state affairs, until he resigned his seat in the United States Senate to accept the chairmanship of the created Railroad Commission in 1891. Ills apparent indifference, perhaps, due in a larmeasure tc his complete engrossment in his interstate commerce regulation bill. He labored unceasingly to secure its passage by Congress from its introduction until it ’tas packed in 1337. In this . f ay he lost contact state affairs and state policies.

31 Galveston , September 29, 1878.

32 Deni son Daily October 13, 1379.

Dallas Herald, August 11, 1880.

34 R.L.Batts to Mattle Austin Hatcher, Varch 13, 1 ■'D. Judge Hatta gave this account of Jones:* Jones nth his father V.M.Jones to Bastrop sountv some years before the war. The family from Tennessee. From this state a brother of w.b. Jones was a member of Congress. A member of the Bastrop bar G. I* Jones was elected District Attorney-the district at the time including Travis county. Ho served during the period of the *ar, attaining the rank of Colonel in the Confederate Army. A’ter the mr he was elected Lieutenant Governor on the Democratic ticket with Governor Throckmorton. The administration deposed oy tne Federal military authorities, he formed a partnership at Bastrop with Major J.D.Sayers in the practice of law. Colonel Jones espoused the "Greenback” cause, became a candidate for Congress and defeated the brilliant and knightly Seth Shepard. He ran against John Ireland for Governor, had the Democrats greatly worried ana polled a very large vote. He was a "stump” speaker of very exceptional capacity, none of the Democratic leaders being able to make an effective appeal to the public.

He just as strong before a jury. He was the greatest orator I have ever heard. His speeches were so effective and his personal popularity so great that at one election the De ocratia ticket polled only 300 of the 3,000 votes of the county. the three hundred were Major Sayers, lajor (Mr* wood, my own father and others of his most intimate friends-r probably each of the 300 were his personal friends. Retiring from politics he continued the practice of law with success, part of the time with H.M.Garwood- both great orators...He was one of the greatest and best men.”

Galveston T : ‘7c, August 15, 1880.

36 Ibid., September 10, 1882.

37 Ibid. t September 4, 1880.

38 Democratic .Stateswan, September 23, 1380. The Austin correspondent to the halve stor ... / of ■/- t r bar 29, said: “Reagan*s speech created a good impression for the local Damoc- cv. » x y »

39 Galveston ow, August 27, 1882. Reagan vas nominated 07 the Oongreaslan&l oonwatlen at F&laetine September 26, for the third time by acclamation.

40 Ibid.,S eptember 1?, 188 2.

41 Ibid., September 17, 1882. Reagan*a speech ras printed and used as a campaign document. It consisted of fifteen pages of fine type. The most singular thing about the speech was tint the name of John Ireland, the uemocaratic nominee for Governor, did not occur one time in it. This indicated that Reagan’s interest ;as perhaps centered in national issues rather than in state.

— Ibid., August 33, .1883. Thia paper quoted from the

Oran rz Tribune a portion of a private letter of Reagan* s to a continuant, which said: tt The generous support and confidence shown me by the people of southeast Texas causes me doubtless more regret than it does them in. the reorganisation of the Congressional Districts I have been separated from them. But I shall not cease to remember you, and your generous support and confidence. And while I remain in Congress, from whatever district, whenever it is ry power I shall most generously serve them in any my I can. And I shall not to s< rve their interest 9 as faithfully as if I were still their representative. w

Politics and Prohibition

It has been observed t'at Reagan’s chief Interest in Congof reas lay in hie desire to secure the anactirent into lathis bill regulating Interstate and preventing unjust discriminations by common carriers. Me labored for al ost a ieoade on this one dis'. . people of the country d lihted t] -a xt orlty of Congress to deal with the railroads* inasmuch as they believed them to be private enterprises not subject to the control of

the Federal government. The "laissez-faire" theory of economics prevailed among the people. Aside from this economic view, many objected en the gtowd that it ram centralizing too mush or in the hands of and the Fedora! Before Hea- vas able to make any great provresa he had to disnell the mists of doubt from the people, ’’hen this zas dot &d to grapple with the greatest monopoly of modern ttmte* railroads had extended their influence, like a giant ootaous, into ovory branch of industry in this country. After years of hard diligent work he sa<v his labors beginning to bear fruit.

His bill hud been before the House several times, and had been refitted a nobar of tlMea to the Committee on Commarcs. It seemed that his bill would never survive the attacks of the Committee Comers® Committee even. Meagan as MalrMO of the fitted to present its bill to the House for oonaideratioa. When tMs ma lone he worked a olever little trick. He requests! the House to so nil dec his bill Mth toe Coud ttee 1 s that bill. The result was A the Comulttes* □ bill m laid aside, and a nd Ma Mil pucjec oy < vote of one Mua&redieigM to eixty-elght. 43 The Reagan bill taW leased January 3, *ThiS is Jackson*s

Day,’ 1 remarked Reagan," and fitting day to celebrate another victory in behalf of the American people.”

Reagan could well claim part of this victory. His fame spread far and wide. The people of Texas were Justly proud of their representative. He had amply given proof of his championship of the people against the monopoly power of the country. The people of the state wanted to bestow some honor upon him. The highest office in their gift was the governor ship. Many of them began to talk of making h T im their candidate for governor in 1886. But he demurred. His work was only half done. It was true that his bill aed the House but it had yet to the Senate bate ■ ecomihg law. He wanted to remain in Congress until he had accomplished his task. He addressed a letter ot the editor of the Dallas Herald in which he said:

« So many persons of respectability from'different parts of the state have, in writing and verbally, me to be a candidate for t’ e office"of governor at the next election; and so much discussion is Ming had, pre* maturely as I think on this subject that I have felt called on to consider what duty required of me.. 1 havu answered all that I did not desire to be a candidate for that position. 0 do one would appreciate more highly than I the honor of being called on to fill the first office within the rift of the people of Texas. But my anxiety to secure, if possible, the passage by Congress of the bi11«to regulate interstate commerce* and tp prevent unjust discriminations by common carriers**, and to aid as far as I can in securing a deep vater entrance to Galveston or to some other point on our coast, that I would forego the honor of being’ governor, if certainly within my reach to accomplish thio I adopt this course because I think I can render as important and efficient service in Congress, and because there are gentlemen spoken of for .governor who are more familiar with our recent State legislation and with current questions of state policy than I am. « I feel profoundly grateful to all who have thought me

worthy of being made governor of our great and growing young state.” 44

Bevaral o f the newspapers began to speak qul te favorably of ■■ bgari* The Belton Journal, quoted by the Mlj.- Aug- net 25, said: ,

» belongs to . . . .J t and lasts well with the people of this day of big pretences and little public service; naturally rugged and severe, but plain, honest, and practical in all the efforts of Ms puMio mreer* ■ has won Ite eanfidwa of men in both public and private life. 1 *

The Kaufman Sun blew the bubble a little larger when it 45 declared:” The Sun is for Reagan for the United Staten Senate.”

Reagan returned to Congress in December 1885. Hi a task now ma to induce the Senate to pass his bill. He knew he had a Hard job ahead of him. But the Senate ha - heard ?ru\ the people. They toe® that the matter must be considered. In 18 H Senator Cullom of lowa proposed a bill to regulate the transportation of interstate commerce, but the refusal to pass it. A co~m ittee of investigation ms appointed known as the”oullom

Investigating Committee”, of which Cullom was chairman. Thia committee made a thorough investigation of the subject of railroad re ulation. In fact this committee’s report was the most exhaustive and voluminous ever male to Congress. The rsgult -as the inUvj'xut. j bill as the n Cullom Interstate Com- ■ voe Bin”. This differed fw the *We&gan Bill 1 ’ in that it provided for an Interstate Commerce Comminoion. Reagan’s bill provided for the adjudication cf complaints in the courts; Cullom’s bill pre 1 for the adjustment of grisvodds by a coir -"’ lesion.

The Senate passed the Cullom bill February 16, 1836. It sent to the House* The House refused to pass it but substituted and instead the Reagan bill by a vote of one bwidred z ninety-two to forty. Ou the next day,July 31 7 a joint committee on conference appointed* The two Mlle* Reagan’s bill, adopts - by the House, and Cullom’s bill, by the Senate, ware referred to this corru.it tee si th instructions to report as soon as practicable. Reagan Cullom were both members of the oonfuren ?e committee. as uouo cn the matWf for Congress adjourned soon after* ‘de* TM eo-afiittee decided, however, to meet one in advance the of. meeting of Qangresa in December, 1336, and to work out a oompromtso bill.

The Congressional convention of the FirM District met at "Judine September 3, IRS 6. After organization Judge Kittrell arose and offered the name of John H.Rea-an as the "proper man to succeed himself". The meaton he vs sale that the Mention of of t. esl ®ar*h©rse , s nave sliciteJ he cheering* Ana as no other name mentioned, Juwe Cavin of Fairfield moved that the nomination be made unanimous which carried 46 vi thoat a aisoanting vote."

The convention notified Raazan of his renomin&tion. Reagan replied in a rraaious lettor -&>r-saying in part:

I tender you my sincerest thanks for having renominated ma for the ninth time..seven out of the nine I have been nominated by and the last six times in sue* session the people have nominated me "ithout opposition. I cannot command language to express adequately the grat** itude I feel to - >eople for these repeated and Hs-11 nyuisb e d hono r s.

an I rei eeber how poor and friendless I ia .e people of Texas first began to bestow honors upon and when I that unaided by fortune or kindred, and with but limited education, they have kept i in pub* lie service, in one capacity or another the most of the rt years* X kn tno to exprase *y gratitude but by console jo study and toil for the public good for mere wrds are not sufficient for the pur nose.

have tried by unremitting labor and study and coura* geoualy meeting every responsibility which the high pesin you have placed me in have devolved on mo, consult* ing always the public good rather than any desire for Lar favor, to show how fully I realised the kindness of our people and how anxious I have boon to prove myidf worthy of the confi enoe .. . the trust they have

reposal in me. "ho #ould not be faithful to such a constituency and under such cirownsta cos?” 47

The prohibition issue became a burning question in Toxas during the period, 1984 to 1337. It spread over the stats like a contagion. The question did not confine itself to my partieular party. For this reason party leaders handled it like .. hot coal. It became a menace to the peace an I harmony of all the parties. Party leaders at first tried to dodge the issue; they feared they sere’lagging the B woolen horoo" within their •nils. But ■ . • ? flnal.a r iet io 183 T h . ' , qaas* ad to be a narty 113turbor.

Senator Coke, Congressman Mills, and Lioutenant-Govornor Barnette Gibbn denounced prohibition in every corner of the state M a disturber of the peace and harmony of society. Th# Kinlatere for the most nart preset ' their pulpits. Reagan took a middle ground. He aWided both extremes. The Gal ye 3 tor Mc ye sent a reporter to Palestine to get his on the prohibition question. He said in part:

* I am both against drunk cnie se against lagi »1 ■- on merely moral or sumptuary questions..! doubt both the right and policy of providing by 'aw for the . ■ : mt of selling alcoholic liquors or. the -aonnd that it io

morally wrong and may lead to drunkeness. I believe thAt we may rightfully pass laws to punich the selling or giving of liquor to minors , and ought to do 50... “It appears to be assumed that those opposed to prohibition and local option claim the right for a man to drunk if be wishes to . I grant persons may co assume, but I doubt if any intelligent person will claim any such rlMt. That the opponents of local option and prohibition should be understood to claim is, that it is dangaroun to civil liberty to legislate on merely moral questions, because we have no uniform standard of morale; or to .eyislate on sumptuary questions, because that 7ould interfere with the individual rights of the citizen..Ani to these views I subscribe*' 0 I think it ought pot to be a political question. The good of the temperance cause will be promoted by keeping it out of politics, so that the citizens of all political parties may aid in the good work without tl danger of being drawn away from their political associates on general political questions. And I think the political party which unwisely makes an issue with the temoerance people is liable to lose wish Of Sts follow* ing for neither the love of whisky nor opposition to drunkeness is confined to anv political party. MA

The Democratic party In its at August 10-13, 1886, tried to cot tin the qccstMr so fi - as the X cratic party was’ concerned.* The plat Mr*- attempted to stake it clear that prohibition would not be stade & &&&% f alty» Thl3 article said:

” do not believe that the views of any citizen upon local option should interfere with his standing in. the ' vmMdo party; (.nd We declare the question is one in vhioh every Democrat may indulge his own vie vs without affecting his Democracy.”

The question, however, continued to increase in volume rith disounslon, as a snowball with rolling. The legislature became Interested in the issue. The Twentieth Legislature deoided to give the people a to vote on the question. It pMped an amendment to the constitution which said:

« The manufacture, sale and exchange of intoxicating liquors except for medicinal, • ‘ ■ leal, soar ' t I • ? scientific pur posss, is hereby prohibited i-> ?-naa. The legislature at its first session held after the adoption of 'the a#sndweat tos to carry this into e f "’act.

- .•. — ■/ 5 , ;; tt' Ia $ | 3 ' J 9 ! the fl r n Ti u 5W in r ■. for . to ■’' . ? ■■ ' 'nt.

f is action of the legislature I -'hfo' t- i Holiest carried on in the atate. It drew the line definitely between too advou tee ' ? ~ v** c* ■' w- - la ?r , ©ne t. the finish# Politicians, - ■ 11, / red into the contest. Political frm ■ one 3>r " Of tl e state t- t' ■ /1 ? < t■ tu m.i

and ?atle ’ ,1113. A rney Sih rare U s _ o-jt an aoocKtias of .■ .' y tlia styled the •trne»Ulua&#« yjcv ;! t r ;d:n” followers of fiwws Jefferson had al oxy s o posed of H The H true*l>lw* £ mooi act aalicvc that a prohibitionist 000.0 be a aood Democrat.

The 9 true-blue a'* held a meeting at Austin,." . j >3, 1187. T 1 ey unread to meet in convention at Dalia- ay i. They believed that Reagan was one of them. Two years before he had expressed himself very definitely as being opposed to sumptuary legislation. They addressed him a letter of invitation to be present at Dallas and to address the convention. On April 9, about a week later, Reagan replied to the committees invitation. His reply to them was like a thunderDbolt from a clear sky. It gave them the surprise of their lives. He had completely reversed his position. His letter said in part:

" While I have heretofore felt constrained to oppose prohibition because its friends sought to make it a political issue and to antagonize and overthrow the Democratic party, that reason does not exist now; and I am not inclined by speech or vote, to continue the evils flowing from the selling and drinking of intoxicating liquors as now practiced, or to give to them the protection of the state government.. '‘And I would be far from desiring to see laws passed which would interfere with the freedom of legitimate commerce, or which would undertake to control the purchase, sale or use of necessary food, drink or apparel as anyone would be. But I believe it to be the duty of the people, in(a lawful manner to protect themselves against this evil of the improper sale and use of intoxicating liquors. If I have not always so felt it has been in a great degree because I was unwilling to allow any outside issue to subvert or to cause the overthrow of the Democratic party, whose principles I believe necessary to the preservation of our free constitutional system of government. We now have the opportunity to promote sobriety, thrift, and happiness of the people without endangering the success and perpetuation of the principles of the Democratic party, and, I am in favor of so doing; and I shall at the coming election so vote, not because I believe prohibition is the most effective remedy which could be aiopted for these evils, but because in my judgment, it favors a policy which will do much for the improvement of the condition of our people pecuniarily, socially,and morally, and placing them on a higher and better plane of civilization. .

And I beg to assure you, gentlemen, of my great respect for you individually and collectively and of how much I regret that I have to differ with you in opinion on this question. 8 49

April 27, Reagan wrote to R.H.Phelps, LaGrange, Texas on * i the .same question. In this letter he went one step further in the exposition of his views. He said:

« The real question is, is the liquor traffic as now carried on right or is it wrong? Is it beneficial or is it injurious to society and its members? If right and beneficial, it should be protected and encouraged by law. If it is wrong and injurious it should be prohibited. So far as to remedy the evil, I lay down thia as an axiomatic truth that no bill of rights protects a crime, or any custom or practice which is injurious to society. If this position cannot be successfully controverted, how can the position be maintained that they protect a traffic which all agree is evil and injurious and vhichin fact,causes more crime than any other one things.*’ 50

Reagan was soundly abused by the newspapers of the state They accused him af reversing his position on the prohibition. The Galveston News led off in the attack. In an editorial on April 27, it said:

” Senator Reagan comes out squarely in favor of prohibi-

tion. In August 1885, Mr. Reagan regarded legislation on moral questions as dangerous to civil liberty, and temperance he regarded as a moral question. He has made a complete flop."

Reagan made one speech on prohibition during the campaign and that was at his home Palestine. But this speech suggested a further criticism of him by the Galveston News of May 37. It said in an editorial:

" Senator Reagan is reputed to have made a rousing speech on prohibition at a rural picnic near the city of the Holy Land the other day. The Telegraph has informed us that he placed himself in favor of the prohibition amendment and clearly defined his position and view with reference to all the principles involved. This is all well enough, but gives us no light on the main point of interest,which is the exact point within the past two years when the light of the revolution dawned upon the benighted vision of the benighted orator. In his next speech the orator should not neglect this point."

Reagan had repeatedly charged that the Brewers 1 Association had been contributing vast sums of money to defeat the prohibition amendment. He insinuated that much of it went to subsidize the press of the state in their favor. The papers attacked him viciously for such statements.

Shortly after the election in which the prohibition issue was defeated, The Ho -ston Post said editorially : "The Wst- is not ‘disposed to defend certain of Senator Reagan*s utterances, Trey are indefensible from any standpoint." Reagan addressed a long letter to the editor, R.M.Johnson. He objected to this O statement as a reflection upon his character. He said:

" I said money in large sums had been sent to Texas by

people of other states, interested in the manufacture and sale of whisky and beer, to influence the election on prohibition. W©will deny the truth of this statement?

Cf You -Mil no doubt remember that the proposition to submit the prohibition amendment was passed on the 4th of March. That on the next day, the sth of March, the Anheuser-Busch Brewing Association issued their impudent protest against it, and sent their circular to Texas, directing the manner in which the campaign against prohibition was to be carried on, directing how local and state committees should be formed, that speakers should be employed, and that the leading newspapers should be controlled. I have not noticed that any of the newspapers which abuse me so much have at any time had a word to say against this piece of audacious impertinence, and this proposition to control the newspapers. And I have not been able to understand why some of them should be so sensitive about what I have said, and so entirely oblivious to what Anhouser-Busch said.. (f I do not avail myself of your offer of the columns of the "Post" for a publication of these facts because anything that I could say would only provoke still more bitter and cruel assaults on me by the railroad and whisky organs; and because I have no disposition to reopen the prohibition controversy." 51

The Texas Farmer, a paper published at Dallas, addressed a questional re on August 8 to the Democratio leaders of the state. It requested the views of Governor L.S.Ross, Senator Coke, anti-prohibitionists, and Reagan, S.B.Maxey, prohibitionists. Ross and Coke did not reply to the questionaire Maxey said that he refused to discuss the question further. The paper said, that "Reagan replied in full, and inhis uniform custom in language which there could be no chance to misinterpret."

•The queetionaira contained four questions. The first ■, Important was: f: fo you favor keeping the question of ■prohibition out of the Democratic party? 0 Beagao replied to it very laconically? o ! am n .

The State Democratic convention met at Fort Torth, May 22-23, 1338. This convention buried the prohibition issue so far the party vac concerned. The platform declared: n The :■• io -? ’ v of the> state of Texas deprecates and will oppose any pcver ent looking to the reopening or further amitution of the question of state prohibition."

Reagan had. been accused of being inconsistent in his views dng prohibition. But this is not true. He did oppose raking the question an issue in the Party. He feared that it would disrupt the party. But when the Democratic conven tion at Dalvestion declared that a views would not be a teat of party loyalty, he came out boldly for prohibition. In this vay he saved the party from dissolution. To him more than to anyone In Texas belongs the credit of steering the old Democratic ship through the shoals of disruptive tendencies.

43 44Platen 1 3 (1885), 216 ♦

44 John H.Reagan to John F.Elliott, Avgust 16, 1885 in o; Haralds August 13,1385.

45 I bid. , August 29, 1885.

46 Qaljroton. Maws* 3 b

47 John H«Reagan to the Notification Committee of th© Cong- -- • - » ■ ’ . c&a, Sep , 1 : if. ":p...nan Papers.

48 qalwaton H e ys, August Al, IB 85.

49 John H.Reagan to. Barnett Gibbs, R.H.Harrison, W.B.Page, Walter Gresham, and John H.Copeland, Committee, in Galveston "ews, April 9, 1887. ,

50 John H.Reagan to R.H.Phelps, April 27, 1887. Reagan Papers.

51 John H.Reagan to R.M.Johnson, editor of the Houston Post September 21, 1837. Reagan P aPera.

Reagan as Senator

Simon B.Maxey vac elected to the United States Senate in 1874 > and reelected in 1981. His s&cond term therefore s&s hie to expire March 1387. Maxey was a good ran but an indifferent

statesman. He had not impressed the people of Texas. Eis quiet modest unassuming manner did not suit the people of those days of political haranguing. He did not have the qualities of the ’’sounding brass” to put him before the people in an acceptable manner. Hence it was generally conceded that there would be a squabble over his seat in the Senate.

There were several candidates who aspired to succeed him,. A, J. Terrell had bee n'campaigning for three or gour months before the date of the election. John Ireland wanted the place. Reagan had had his eye on the United states Senate for a long time. He uecided that if there should be a contest he would try his strength to secure it.

i/hen the legislature assembled in January, 1397, Reagan and Laxey were in Washington attending the session of Congress. The legislature decided to take up the matter of electing a United dates Senator about the middle of January. Both Maxey and Reagan set out for Austin to take care of their interests.

When Reagan left Congress to left the Interstate Commerce bill in the hands of Congressman Crisp of Georgia, a member of the committee on conference. Crisp was to steer the bill through the House. The Senate passed the bill at 11:40 P. J’, on January 13, about the time Reagan was to arrive at Austin. The vote was forty-three to fifteen. But the House relayed taking up the matter until just before the legislature convened to elect a

successor to Raxey. This was a clever trick designed of course to give Reagan the benefit of its passage. It was agreed that Crisp should -withhold the vote until shortly before the legislative caucus began. trick is no good unless it ‘works; this one worked. Crisp called up the bill on January 21, and the House passed it by a vote of two hundred and rineteen to forty-one. Ee then wired Reagan that his bill had actually been i enacted into law. xit this news Reagan’s stock rose more than a hundred per cent. There was nothing that could have happened that would have accelerated his friends in his behalf more than such information. The Washington correspondent to the Galveston Rews said; "It is generally conceded that but for him 52 the commerce measure could net have succeeded.’’

Reagan arr ived in Austin, January 13. ne put up at the Avenue Hotel, the home of the ’’Grangers.” Immediately it became the rendezvous of his admiring friends. On the first night after his arrival the Reagan forces held a caucus planning for the contest. There were about thirty in attendance with ten or twelve known supporters absent. Reagan counted on forty or more votes from the start. The Reagan forces organized and got their machinery smooth working order. Reagan knew the virtue in political organization. He was too old and too shrewd a poll

tician tn leave anything to chance. His forces were marshalled and drilled. And when their leader sent them into the fray, like Napoleon’s "Old Guard”, they knew that they were expected to stay.

The two houses met in joint ballot on January 25. Maxey, Terrell, Ireland, and Reagan were on hand. Faoh of them was put before the joint session in rather complimentary speeches. Bell of Coke county nominated Reagan. He threw many bou-unte at Reagan. He declared him to be the Gladstone of the American Congress. The merits of the others were extolled as highly.

Ths balloting began. On the first ballot, Maxey received forty-five; Raagw, thirty-six ; IrelO, thirty-sins; and Terrell, twenty-five. Terrell’s name was withdrawn on the second. On the twentieth ballot, Maxey received forty-six; Reagan, fifty-six; and Ireland, thirty-two. The balloting continued for a veok; it developed into a deadlock. No one could secure a majority. It was evident that Reagan’s chances vere as good as Maxey’s and much better than that of any of the others.

On February 1 the balloting ms resumed. Th a vote stood on the sixth ballot :n follows? “axey, forty-six; Reagan, and Terrell, thirty-one. Before the beginning of ths seventh Terrell’s name vas vlthdrafm. On the seventh ballot, Faxev received fiftynine; Reagan, sixty-four; Roberts, BigM| Terrell, and Seth Shepard t<o. Everything me tense. Something had to take place. Senator Claiborne arose and change* his vote fro® Roberts to Reagan. A stampede resulted for Reagan. On the final ballot Maxey received

ballot Laxey received twenty-five, one hunared ana one, Ireland five, Roberts two, and Terrell one. The confusion was sc great at the close of the contest that the clerks tore up the tally sheets in their excitement. a regular pandemonium ensued. The '’Commoner" had at last come into his own. Since the campaign of 1857 when he assisted other statesmen in breaking the back of Know-Hothingism in Texas he had had his eye on the senator ship. He no .v held the senatorial toga in his hands.

In December, 1337, he took his seat in _e Fiftieth Congress Une of the first measures which came up in the Senate during this Congress was the ’’Blair Bill”. It was an educational measure which proposed to subsidize education in the United States. It was directed, however, toward the South because of the existence of so much illiteracy, particularly among the negroes. It was, in fact, an attempt to extend Federal authority over the Southern States. The De publican party desired to restore its lost prestige in this section. It was a wolf masquerading in sheep’s clothing. deu e uH was able to aetect it. He opposed it with all his power.

This measure was introduced in the Senate by Senator Blair of New Hampshire December 6, 1331, in the first session of the Forty-seventh Congress. The Senate refused to act upon it. He continued to introduce’ it at succeeding sessions. Blair was as persistent about his educational bill as Beagan was about his interstate commerce bill.

The measure finally passed the Senate April 7, 1884, by a vote of thirty-three to eleven. The House refused to agree to it. The Senate passed the bill the second time March 5, 1886, with three additional votes for it. The House still refused to Congress concur. So at the beginning of the Fiftietb introduced his bill again. On January 2, 1888, Reagan made a speech denouncing it in no uncertain terms. He said:

” I am opposed to the passage of this bill for several reasons. In the first place there is no power vested in Congress to levy taxes for the puspose of supporting the public schools. Congress is authorized by the constitution to lay and collect taxes; to pay debts, and to provide for the common defense and for the general welfare of the .country. The ablest commentators upon the constitution have bald, and the courts have sustained them, that the general welfare clause ua distinctively not a grant of power. It is a generally accepted truth that a government may not levy a tax for any purpose for which it was not organized. I do not think that anyone will hold that the government was organized for the puspose of running schools in the state. The education of the people is purely a state affair, and should be solely under the supervision of the state. It has often been urged that because the government grants lands for educational purposes it may grant money. There is absolutely no analogy here; the constitution gives Congress plenary power and absolute power over the public lands, and when that body grants them for any purpose all control over them is relinquished. The government retains no supervisory power over If it is desired to make grants of land for the purpose of encouraging education I will cheerfully support such a measure. ?ith regard to the necessity for the passage of such a bill I am free to say that I believe it to be overstated. There is no country in the world where there is more money spent for education than in the United States. For my own constituency I claim that, as we have not been mendicants in the past, we will not be in the future. My people do not come as supplicants to the public treasury asking for charity for any purpose.”s3

He state constitution uiu not empower Congress to expend money on public schools within the states. He concluded with these words;

” In the interest of the cause of education, for the preservation of the rights of local self-government, to prevent converting the Federal government into a popular despotism, and to avoid an additional fruitful cause of sectional agitation and strife, I hope for the defeat of this bill by the Senate.”ss

The bill was killed by discussion. It had been repeatedly refused consideration by the House. Hence it was in bad repute. It never came to a vote again in the Senate.

An incident occurred in the early part of 1889 that almost resulted in war between the United States and Germany. That was the Samoan affair. Some description of the historical background will be necessary to a proper understanding of the matter.

Iss 7 1 In 1870 the United States made a treaty with the ruler of the Samoan Islands. The treaty provided that the United States should assume obligations of preserving the territorial integrity of the native ruler. In consideration of this obligation our government received concessions in the Pago-Pago harbor, one of the best in the world, and of very great strategical importance, the next year the ruler of Samoa made a similar treaty with Great Britain, and a still more generous one with Germany. Germany had embarked upon an aggressive foreign policy. Because of this aggressiveness it became necessary for the three countries to

an understanding. They agreed to a tri-partite treaty at Washington in June, 1887. But before the final touches had been put upon the treaty the German consul in Samoa deposed the native ruler and put one of his favorites on the throne, a counterrevolution broke out in the Islands, instigated by the deposed sovereign. The commotion threatened to disturb the interests of all three countries interested in the affairs of the Island.

Turing the height of the disturbances the German consul ordered the commander of a German vessel to shell the rendezvous of the forces of the old ruler. When the German warship ’’Adler” arrived at the designated position, the Commander was surprised to find a United states gunboat directly in the line of fire ready for action. Leary, a blustery old Irishman, commanded the United States vessel. He had decided to ’’start something” if the Germans opened fire on the village. Prudence prevailed. The German vessel steamed back to Thereupon the German consul declared martial law over the islands which applied to natives and foreigners alike. This was the situation early in the year 1889.

The situation became tense. It -was almost at the breaking point. Germany and the United States were about to go to war. The President asked Congress for an appropriation of $500,000 ’’for the execution of the obligations and the protection of the interests of the United States, existing under the treaty between the United States and the government of the Samoan Islands, etc. ;

and he requested an additional 100,000 for the improvement of the harbor of Pago-Pago.

The matter came before the Senate. Heagan addressed the Senate on the subject January £O, 1889. He carefully reviewed the nature of the controsersy from its beginning. He said:

” In looking over this subject we cannot fail to see that the consular officers of the United States, the naval officers of the United States, with whom the naval officers of Germany refused to correspond, with reference to the condition of th pse people, and the American citizens who are there, must feel humiliated and humbled by the condition in which they are placed. I take it that no American citizen can take up this correspondence and go through with it without a feeling of humiliation, in view of what is presented as the clear rights of the American people and government, to see them brutally overridden and trodden down by the subalterns of Germany while their minister professes friendship and a desire to preserve proper relations with the government of the United States on this subject. It is strong language to use, Hr. President, but I take it that no one can examine these papers and not feel that the language I have used is justified.”

He said that there might be war with Germany; we had vacil ated too long. He said further:

” I do not want to see this country engaged in war with Germany or with any other government* I trust that it will never be ny misfortune to v/itness again the calamities of war; but, sir there is something worse than the calamities of war, and that is the sacrifice of the honor of a great nation* The sacrifice of the rights of its citizens, the humiliation of its officers in the face of an arrogant power, is worse than war; and I would not submit to it. rt

On the following day he said that.

” If this government has assumed obligations to Samoa, whatever they are, it should avow and execute them. If it owes a duty to its own citizens it should perform that duty. If the flag of the United States has been insulted.

if the property of bur citizens is placed at the mercy of German traders through the action of the German government, we ought to recognize these facts as these papers show them and do one of two things. If we mean abjectly to abandon our rights we ought to call home our consular agent and commanders of our vessels and not subject them to insult and degradation, and admit that whatever rights we have there or whatever duties we owe, we abandon; or if we do not do this then we ought squarely and manfully to assezt the rights which belong to thia country and discharge the duties we owe to Samoa." 57

Reagan then proposed the following amendment as a substitute for the committee’s resolution:

” And for the protection of the rights of American citizens residing in said Islands, and to preserve their neutrality and independence, 0500,000, etc. :

The Washington c orre spondent to the Gal vest on News said that "Seantor Beagan made one of the most vigorous speeches of the session to-day {January 50) in reference to the Samoan controversy.. the speech is the event of the debate and is 58 is generally talked of by public men. n

Reagan’s amendment was too sharp; it breathed too much of fire and brimstone to suit those "gum shoe” politicians in the Senate. They persuaded him to withdraw it, which he did on February 1.

Reagan’s speech was one of the most significant ever delivered in the Senate of the United States. It was epochmaking. It marked the termination of an era in the foreign policy of the United States, and predicated the coming of a vigorous one. It heralded the inauguration of a policy culminating in the "big-stick" regime of a later generation.

Reagan declared that he was no diplomat. ”1 am not much of a diplomathe declared; "that is, I am not much for saying things that are not meant and for meaning things that are not said." But he did say that he was capable of discriminating between right and wrong conduct. He told the Senate that "if we had in Congress Bismark’s will. Bismark’s firmness, this trouble would be very quickly settled, and that without war."

But his wings were clipped by the easy-going senators. He had set in motion a movement fo r a strong, independent, and pugnacious foreign policy. He predicated the of a new day in our history.

Mature can® to the rescue. A terrific hurricane swept over Samoa, March 16, spreading death and destruction over the Islands. All the warships were destroyed except one. The British warship ’’Calliope” steamed out into open water in the face of the gale and escaped demolition. This terrible storm served to cool the passions of the quarreling powers.

In the election in Washington county, Texas, in 1888, there was a considerable disturbance between the whites and the negroes, in wnich several of both races were killed. The matter was investigated by Congress. The Republicans in Congress believed that the trouble was the outgrowth of a desire of the whites to prevent the colored voters from participating in the election. Upon flimsy evidence the Committee on Privileges in the Senate framed a bill which provided for these supervisors of elections in each precinct in the United States, with a set of marshalls, general supervisors, and a coterie of other officials. The Re publicans saw another chance to extend their influence over the states; to build up a strong support among the negroes. The measure did not meet with much favor at first. It lay almost dormant for two years when renewed interests was taken in the proposition, and the made a desperate effort to secure its enactment to have it in working for the presidential election in 1892.

Reagan spoke in opposition to the bill when it first came up, February 22, 1889. But when he saw the renewed efforts of the Republicans to override the opponents of the measure Reagan’s opposition also increased. He made one of his greatest speeches against it. He said in part:

Ido not know what is to be the fate of this bill, but I pray God for the good of our country , for the good of humanity, that thi-' great Republic standing as the great exampier for the leers of liberty all over the world, may not be stricken down in the midst of its frienus by the passage of such a law as this, that the world is not to be taught that the Senate of the United States believes the people of American states are incapable of self-government .

” I pray not Mr. President. I suppose life is as dear to me as it is to most people and those in near relation to me are as deai to me as to most people; but as God is my judge to-night, if I could save the American people from this act by giving up my life, I would surrender it as freely as I ever performed any act in my life.” 59

The bill failed to survive the attacks of its enemies. It was overhwilmingly defeated.

In April following this address Reagan was appointed by Governor James 3. Hogg: to accept the chairmanship of the newlycreated Railroad Commission of Texas. Reagan resigned his seat in the Senate to accept this position. It certainly indicated a very high degree of patriotism in Reagan to give up one of the most honorable and dignified positions within the gift of the people to assist in the organisation of the railroad commission.

His vork in this new field will be a subject for future stud v , He was chairman of the commission until he retired in 190?. He died in March,

Galveston News, January 22, 1887.

53 ~~ —— —— Cow. Record, 50 Cong:.., I Secs., 360, January 3, 1888.

Ibid . , 271

57 Cong. Secord, 52 Cong. 1 Session, p« 1574, January 51, 1890.

”58 Ga Ive at on Kewa, January ?1, 1889.

Conf. Record, 51 Cong., 2 Cess., p. 1451.

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