The Convention at Old Washington, March 1, 1836
[Washington-on-the-Brazos]
By: Sam
Houston Dixon
Review of Events leading up to Texas Independence – Committee Reports – Organization
of Government Ad Interim – Election of Officers – Facsimile of the Declaration of
Independence
The instrument
proclaiming Texas independent of Mexico was the Magna Charta of the Texas Republic. Excepting the Declaration of Independence proclaimed by the American colonies
at Philadelphia, July 4, 1776, no instrument recorded in the annals of history has had more potential influence
over the destinies of the people of the United States.
The events which
led up to the convention at Old Washington, which declared Texas free from Mexico, were momentous in driving the
Texas colonies to resistance. They had for years patiently borne
with Mexican duplicity and intrigue. They recognized the supremacy
of Mexican rule and law and were sincere in their desire to obey them. As late as November, 1835, the Texans declared in convention that “they will
continue faithful to the Mexican Government as long as that nation is governed by the constitution and laws that
were formed for the government of the political associates.” When
Santa Anna and the other military chieftains overthrew the federal constitution of Mexico and dissolved the
social compact which existed between Texas and other members of the Mexican Confederacy, the Texans declared
that “they were no longer morally or politically bound by the compact of the union * * * yet they offered their
support and assistance to such members of the Mexican Confederacy as will take up arms against military
despotism.”
For years the
leaders among the colonists had advised patience and forbearance, hoping that a peaceful solution of the
troubles arising could be reached without resorting to war. But the
intolerable exactions of the Mexican rulers finally swept aside every desire they had to remain a dependence of
that country. It was then they grew impatient and rose in
revolt.
The Consultation
that met at San Felipe in November, 1835, was the first time the colonists had publicly expressed a spirit of
rebellion against Mexican despotism. And even then there were those
among the delegates to this convention who were hopeful that a permanent separation from Mexico might be
averted, and contented themselves by having the convention to declare that “they hold it to be right, during the
disorganization of the Federal System and the reign of despotism, to withdraw from the Union and establish an
independent government or adopt such measures as they may deem best calculated to protect their rights and
liberties.”
As an indication
that the leaders in that convention believed it still possible to avoid a permanent separation from Mexico, a
proposition to at once adopt a declaration of independence was voted down, and they organized a provisional
State Government and elected a Governor, Lieutenant-Governor and Legislative Council. This was but carrying out the plan of 1833, to establish Texas as a separate
State from Coahuila. The General Council was given power to call a
convention with plenary powers. This convention was called to meet
at Old Washington, March 1, 1836. When it met it was clear that the
hope for a settlement of the differences had forever dissipated and the convention was unanimous for a permanent
separation and a declaration of the independence.
It will be recalled
that in 1832, and again in 1833, the colonists held conventions in which they united in presenting to Santa Anna
their grievances arising from the passage of laws and decrees during the brief reign of
Bustamante. Texas and Coahuila were consolidated into one state
in 1827. This, the Texans claimed, was only a temporary
arrangement, and in their convention in 1833 they memorialized the Mexican government to give Texas a
separate state government, setting out that the Constitution of 1824 guaranteed to Texas the right of having
a state government whenever she may be in a condition to ask for the same, referring to the language of the
Constitution which read: “As soon as Texas shall be in condition to figure as a state of itself, it shall
inform Congress thereof.”
The Convention of
1833 adopted a Constitution for the Sate and elected Stephen F. Austin, Dr. John B. Miller and Erasmo Seguin,
commissioners to present the memorial and constitution to the Government at the City of Mexico and ask for the
ratification of the State constitution. They were also instructed
to request a modification of the decree prohibiting further immigration to Texas from the United
States. Austin was the only one of the Commissioners to go to the
City of Mexico. He was unable to see Santa Anna, but he laid the
memorial and Sate Constitution before Vice-president Farias. He
succeeded in having the decree prohibiting further immigration from the United States modified, but failed to
secure the ratification of the State Constitution. Austin left the
City of Mexico, December 10, 1834 and started back to Texas, but he was later arrested and thrown into
prison. Here he remained until the following July. In the meantime Santa Anna had overthrown the Constitutional Government of
Mexico and declared himself dictator. When Austin reached home he
found the colonists organizing for defense, and recommended the calling of a general consultation to outline a
course of procedure. While this convention was in session the first
battle of the Texas Revolution was fought near Gonzales. This
battle was closely followed by the Texans driving General Cos and his troops out of San Antonio. Cos was a kinsman of Santa Anna, and when he learned of Cos’ defeat he fell
into a rage and threatened revenge.
The convention at
Old Washington was the fourth convention held by the Texas colonists represented by regularly elected delegates
from the people. This was the only medium through which they could
present to the Mexican Government their views, desires and ambitions. Many things had transpired in Mexico having a direct bearing on Texas,
previous to 1830, when the Decree of Bustamante had startled the world. While this decree was objectionable to the Texans throughout, Article Eleven
was particularly disquieting. It read as follows:
“Art.
11. In accordance with the right reserved by the General Congress
in the 7th article of the law of August 18, 1824, it is prohibited that immigrants from nations
bordering on this republic shall settle in the states or territory adjacent to their own nation. Consequently, all contracts not already completed and not in harmony with this
law are suspended.”
When this decree was
promulgated it created great alarm among the Texans, as it was violative of the Constitution of 1824 and was
known to be aimed directly at the peace and quiet of the colonists.
Soon after this infamous decree had reached Texas and its provisions became known, the Texans espoused the cause
of Santa Anna who was leading a revolution against Bustamante. A
convention was called to meet at San Felipe, October 1, 1832, for the purpose of enabling the colonists to
present to the Mexican Government certain conditions which had greatly disturbed the quiet of the
colonists. The officers calling this convention had no thought of
rebellion. The object was to lay before Santa Anna their grievances
against certain acts of a government he was struggling to overthrow. The Texans naturally imagined that this course would be pleasing to Santa
Anna.
The convention met at
San Felipe, October 1, 1832, and fifty six delegates took their seats. Stephen F. Austin was elected president and Francis W. Johnson,
Secretary.
During the first day’s
session a committee was appointed to prepare a memorial to the general government of Mexico, praying for the
repeal of article eleven of the law passed April 6, 1830, known as Bustamante’s Decree. This committee was also instructed to set out a record of toils, difficulties
and dangers encountered by the Texas colonists and their respect and attachment to the constitution and laws of
Mexico. Committees were also appointed to draft a memorial praying
for the reduction of duties on articles of necessity imported into Texas; to consider the land business east of
the San Jacinto river; to inquire into Indian affairs and to report on the best mode of regulating customs
houses, etc. A committee was also appointed to prepare a petition
to the government of Coahuila and Texas praying for donation of land for the purpose of creating a fund for the
establishment of primary schools. This was the first
time in Texas when the question for primary schools was considered. On the third day of the convention a
resolution was adopted by a vote 36 to 12 for the appointment of a committee to prepare a petition to the
general government to establish a state government for Texas, independent and separate from
Coahuila.
Nothing in the
proceedings of the convention showed resistance or rebellion against the Mexican government. All of its proceedings show that the delegates recognized the authority of the
general government and in no sense were they rebellious as was claimed by a few Mexican residents of San
Antonio, who refused to participate in the convention.
All the memorials
adopted by the convention were forwarded to the general government, and William Wharton and Don Rafael Manchola,
were appointed commissioners to Saltillo and Mexico City, to urge the state government and general government to
give consideration to the memorials. But nothing ever came of these
petitions. The ignoring of them did not dishearten the
Texans. So early in the year of 1833, the permanent Advisory
Committee, created by the convention of 1832, called a second convention at San Felipe in April,
1833. This convention was composed likewise of fifty-six
delegates. Sam Houston appeared as a delegate to this convention,
being his first appearance before a state-wide meeting of Texans.
The convention was
organized by electing Wm. H. Wharton President, and Thomas Hastings Secretary. The main object of this convention was to prepare a constitution for Texas to
be offered the government at Mexico for approval. This constitution
was framed by the following committee: Sam Houston, Chairman; Nestor Clay, R.M. Williamson, James Kerr, Oliver
Jones, Luke Leassier and Henry Smith. The work of this convention was largely a duplication of the convention of
1832, with the exception of the actual framing of a Sate Constitution for Texas. Stephen F. Austin, James B. Miller and Erasmo Seguin were appointed
Commissioners to present the proposed constitution to the authorities at the City of Mexico and to urge its
ratification. Mr. Austin, however, was the only commissioner to go
to the City of Mexico. The government refused to consider the
proposed constitution but agreed to a modification of the decree prohibiting immigrants from the United Sates
into Texas.
Mr. Austin was later
thrown into prison where he was held until the summer of 1835. The
imprisonment of Mr. Austin greatly aroused the people of Texas, and when he reached Texas he found the colonists
ready for revolution. Mr. Austin had long urged them to be patient,
feeling that they would at last receive fair and just treatment from the Mexican government. But his detention in Mexico caused him to realize that his hopes were baseless
and he agreed with the leaders of the Sate that a general consultation should be called to consider the proper
course to pursue and, if need be, to prepare for war. He realized
that Santa Anna was determined to bring the Texans in subjection and to ignore the constitution of 1824, which
he had pledged to defend and uphold.
Mr. Austin’s return to
Texas was hailed as the beginning of a new era, as he was at once elected Chairman of the San Felipe Committee
of Safety. He acknowledged himself to be in full sympathy with the
people in their determination to organize for defense.
A consultation of all
the people was called to meet at San Felipe, October 16, 1835. A
quorum of delegates did not appear in San Felipe, however, until November 3rd. Dr. Branch T. Archer, was elected President and Peter B. Baxter
Secretary. On taking the chair Dr. Archer arraigned the Mexican
government in the strongest terms. This was the keynote speech and
prepared the minds of the delegates for the work mapped out for them. This convention did not follow the tactful course of those of 1832 and
1833. There were no memorials to the Mexican government, no pledge
of loyalty to the Mexican government. But in defiance of Mexico it
set out to perfect the organization of a government independent of Mexico. A declaration was adopted setting forth the causes which impelled them to take
up arms against Mexico, and offered no apology for so doing. The
convention adopted a plan for organization of a provisional government. It was adopted as the organic decree. It contained twenty-one articles.
A provision was also made for the organization of an army for military defense.
On November
12th the convention proceeded to the election of officers under the organic law. Henry Smith was elected Governor and James W. Robinson,
Lieutenant-Governor. It also elected members of the General
Legislative Council, composed of one member from each municipality of the state. Sam Houston was
elected Major-General, to be Commander-in-chief of all the forces in Texas. All the officers took the oath of office. Branch T. Archer, Wm. H. Wharton and Stephen F. Austin, were appointed agents
to the United States. Thus a new government was born, and entered
at once upon its duties, enacting such laws and decrees as seemed necessary to bring order out of
chaos. Having finished its work the convention adjourned leaving
the affairs of the government in the hands of the Governor and Council.
The provisional
government began to function at once. The Council passed many laws
for the government of the state, all of which ignored Mexican authority in toto. The Texans had thrown down the gauntlet to Santa Anna, and his anger grew to
fever heat. He hurried his plans to invade the state and crush the
spirit of rebellion which everywhere grew more defiant.
In the meantime the
Executive Council transcended its authority and passed ordinances which met executive disapproval. Confusion
became ripe. They disorganized what little military authority that
had been established, and issued military commissions promiscuously. The breach between the executive and legislative department was complete, and
discord and confusion followed. Fortunately before the break
between the Governor and Council had reached a stage where it could not be welded an ordinance calling a
convention to meet at Old Washington [Washington-on-the Brazos], March 1, 1836, was passed and
approved. This convention was to be composed of delegates having
plenary powers. IT SAVED TEXAS.
This convention was
the fourth to be held by the colonists and because of its nature was by far the most important of them
all.
The convention met
promptly on the date fixed in the call and proceeded at once to organize and entered upon its mission with
enthusiasm. Richard Ellis, was elected President. The other officers elected were: H.S. Kimble, Secretary; E. M. Pease,
Assistant Secretary; Isom Palmer, Sergeant-at-arms; John A. Hizer, Doorkeeper and M. Saul, Engrossing
Clerk. The organization of the convention having been perfected,
the chair announced the convention ready for business.
For a short time
profound silence reigned. It was a terrible moment. Each delegate
seemed to be overwhelmed by the magnitude of the work they were about to undertake. But there was no one in that assembly of patriots afraid. There was no one who doubted that the moment had arisen when a decisive blow
to tyranny should be struck. “Just how to proceed,” said Mr. Pease,
“was the only element of doubt in the minds of some of the delegates. But his did not long disturb them. There were those among the delegates who had long experience in matters of a
kindred nature and they blazed the way for action.”
Every delegate present
was aware of the disorganized condition prevailing in the army, of the refusal of men commissioned by the
Council to obey the orders of the Chief Military Commander. They
knew that Fannin and Johsnson and Grant had commands in the field and recognized no superior
officer. They appreciated that with this condition confronting
them their task was a difficult one. But they soon became
engrossed in other matters of grave concern, forgetting for the moment the menacing situation, and became
submerged in the work they were called to do.
On the first day of
the convention [March 1, 1836], Mr. George C. Childress, introduced a resolution which was adopted without
debate, providing for the appointment of a committee of five delegates to draft a declaration of independence
from Mexico. President Ellis forthwith appointed the following on
the committee: George C. Childress, chairman, James Gaines, Edwin
Conrad, Collin McKinney and Bailey Hardeman.
In discussing the
action of this committee with Mr. Pease, a number of years before his death he said: “It was generally
understood that Mr. Childress brought the draft of the Declaration of Independence with him to the
convention. There is little doubt, but that this is correct because
very soon after the committee met it was rumored that a declaration of independence had been agreed
upon.”
On March
2nd, Mr. Childress, chairman of the committee to draft the Declaration of Independence, presented his
report to the convention. Its reading created great
enthusiasm. On the motion of Sam Houston, the Declaration of
Independence was adopted. It was then enrolled and signed by each
delegate.
On the second day,
March 2nd, Robert Potter, introduced a resolution providing for the appointment of a committee
consisting of one member from each municipality represented, to prepare a constitution for the Republic of
Texas. The resolution was adopted and the following were appointed
on the committee: Martin Parmer, San Augustine, Chairman; Robert Potter, Nacogdoches; Charles B. Stewart, San Felipe; Edwin Waller,
Brazoria; Jesse Grimes, Washington; Robert Coleman, Mina; John Fisher, Gonzales; John W. Bunton, Bastrop; James
Gaines, Sabine; Lorenzo de Zavala, Harrisburg; S. H. Everett, Jasper; Bailey Hardeman, Matagorda; Elijah Stapp,
Jackson; W. Carroll Crawford, Shelby; Clairborne West, Jefferson; Jose Antonio Navarro, Bexar; Collin McKinney,
Red River; William Menefee Colorado; William Mottley, Goliad; Michael B. Menard,
Liberty.
On the following day,
March 3rd, the following were added to the committee:
Sam Houston, Refugio; Robert Hamilton, Red River;
James Collingsworth, Brazoria and David Thomas, Refugio.
After the adoption and
signing of the Declaration of Independence, and while waiting for the report of the committee on the
constitution for the Republic, the convention disposed of several important matters. On March 3rd, it adopted a resolution closing the land office and
forbade commissioners from issuing titles to lands and authorizing the organization of a regiment of
rangers. On March 4th, it elected Sam Houston,
“Commander-in-Chief of all the land forces of the Texas army, regular, volunteer and military, while in active
service.”
On the 7th,
the convention passed a resolution declaring all male inhabitants of Texas between the ages of seventeen and
fifty, subject to military duty, and providing for the immediate organization of a military
force.
On March
14th, land bounties were increased. Those who should
serve throughout the war were to receive 1280 acres and corresponding amounts were to be allowed those who
served for a shorter time.
The constitution was
reported on the 17th. It was adopted without much
delay. The convention then took up the question of establishing a
government Ad Interim in conformity to the provisions of the
constitution. David Burnet, was elected President; Lorenzo de
Zavala, Vice President; Samuel P. Carson, Secretary of State; Bailey Hardeman, Secretary of the Treasury; Thos.
J. Rusk, Secretary of War; Robert Potter, Secretary of the Navy, and David Thomas, Attorney
General.
Just before the
convention met Santa Anna crossed the Rio Grande with his armies.
He put to the sword the brave defenders of the Alamo and committed other most heinous crimes, and was preparing
to invade and destroy the whole territory east. When the convention
adjourned many of the members joined the army of defense, or took part in giving aid to families who were
fleeing before Santa Anna’s invading armies.
Coming back to the
events which brought Texas to resist the Mexican government, these observations may not be out of
place. The breach between the Americans and Mexicans continued to
widen primarily because the Mexicans mistrusted the Texans and the Texans mistrusted the Mexicans. This
condition was not calculated to maintain permanent peace. The
Mexicans could not forget the Fredonian revolt [Fredonian Rebellion], the incident of driving Bradburn from
Anahuac, the Capture of Fort Velasco and the humiliation heaped upon Piedras at Nacogdoches. The Texans were justified in the course they pursued and it should have
pleased Santa Anna as the revolt was against Bustamante whose reign Santa Anna was attempting to cut
short.
When the news of
Edwards’ revolt [Fredonian Rebellion] reached Mexico the Mexicans were aroused and began preparations to invade
Texas both by land and sea, as they imagined that the whole province of Texas was afire with the spirit of
rebellion and that Edwards’ course was upheld by the United States.
They soon learned, however that Edwards’ rebellion was a local one and that he was not upheld by the Texans of
the other colonies. While this had the appearance of satisfying the
Mexicans the memory of the revolt could not be erased from their minds.
Another thing which
kept the Mexicans at fever heat of excitement was the action of the United States Minister to Mexico in his
effort to secure Texas from the Mexican government, by fair or foul means. He made all kinds of propositions to the Mexican officials regarding the
purchase of the province of Texas, and this constant agitation kept the Mexicans in a bad
humor.
The crowning event of
all, to fan the flame of Mexican mistrust, was the visit to Texas of General Teran, in 1827-1828. His report of the conditions in Texas was unfavorable to peace between Texas
and the general government of Mexico. After a lengthy discussion of
conditions as he found them in Texas, he indicated plainly that he foresaw the loss of Texas to the Mexican
government, and recommended the strengthening of the Mexican colonies in Texas. Teran was the Comandante General of the Eastern Province of Mexico, which
included Texas, and he kept a watch on Texas and her colonies. He
made many recommendations, the most of which were enacted into law by Bustamante’s congress. Among these was the establishment of military posts in Texas for the
ostensible purpose of protecting the country against Indians, but in fact to prevent a Texan revolt which he
predicted would occur as soon as the Texans felt strong enough. It
was the carrying out of his programme that took form in the Decree of Bustamante in 1830, and which was the
hammer to drive the wedge of division and discord further.
Many events of a
thrilling nature occurred in Texas between the dates of the meeting of the Consultation, November, 1835, and the
Convention at Old Washington, March 1, 1836, which declared Texas independent of Mexico, adopted a
government Ad Interim by electing a President, Vice President
and other officers.
The preamble to the
Declaration of Independence sets out in forceful language the causes which drove the Texans to
revolt. It is a masterly presentation of their grievances and
presents a vivid picture of the wrongs they had endured, with patience for many years.
The following is a
facsimile of the Declaration of Independence, that wonderful document, that epoch making instrument that changed
the map of the North American continent and freed the Texas colonies from Mexican
tyranny.
Click here to see the Texas
Declaration of Independence with a complete transcription.
Text from The Men Who Made Texas Free, Sam Houston Dixon,
1924, Texas Historical Publishing Company, Houston, pp. 19-30.
|