House Documents, Otherwise Publ. as Executive Documents

The report of the commander of the fifth military district, relative to the adjournment of the constitutional convention of Texas.

FEBRUARY 27, 1869.-Referred to the Committee on Reconstruction and ordered to be printed.

WAR DEPARTMENT, February 26, 1869.

The Secretary of War has the honor to transmit to the House of Representatives the accompanying reports of the commander of the fifth military district, dated February 4 and 11, as to the adjournment of the constitutional convention of Texas, together with a letter from the president of the convention, cencerning the proposed division of the State.

J. M. SCHOFIELD.
Secretary of War.

HEADQUARTERS FIFTH MILITARY DISTRICT, -
Austin, Texas, February 4, 1869.

SIR: I have the honor to report that the convention has completed its work of forming a constitution for the State of Texas, and that it will probably adjourn to-day or to-morrow. I understand that the time fixed for submitting it to the vote of the people of the State will be some time in the month of July.

As this remote period was probably determined upon from information given or suggestions made by me, I think it proper to state, for the information of the General of the army, some of the facts upon which my conclusions were based.

I. In thirty counties there is no civil organization that is in relation with the executive department of the State. In some of these counties (sparsely populated) there is none whatever; in others there is a partial, while in others it is understood to be complete, but the county officers have refused or failed to recognize the secretary of state, or to make any reports to him. Some of those counties are so remote (in the means

Mississippi, and Tennessee,) and the delegates of the people in this convention deem the present disorganization the most convenient time for a reconstruction into separate States. Always, since annexation, it has been merely a question of time when this vast State would be divided into States of more convenient size.

The principal opposition to this measure, now encountered, comes from the people of Austin (for obvious reasons) and a part of the (lately) rebel press of the State. The governor and other heads of departments of the provisional government of the State, as it happened, were taken from among the citizens of Austin, who are interested directly in keeping the present condition of affairs intact. The Austin government have now their emissaries in Washington, and are sending others there with the purpose of forestalling public opinion on this subject. Their emissaries are now reporting here that you are adverse to any division of the State, and this statement, though probably not authorized by you, is used here to prevent a fair expression of opinion on the part of members of the convention, who very naturally do not wish to place themselves in antagonism to the views of the President elect on this part of the policy of reconstruction.

We do not ask any expression of opinion from you as to the merits of our plan, but only that you will keep your mind free to give us an impartial hearing. I think I speak the sentiments of nine-tenths of the loyal people of this State, and of those Texans who abandoned property and family to seek the lines of the United States forces and array themselves on the side of the Union, when I ask your favorable consideration of this matter. We earnestly believe that this measure will finally disperse and demoralize the disloyal element within this State, and give ns, under separate State governments, the rest, peace, and prosperity we have for so many years struggled to secure.

Respectfully, &c.,

General U. S. GRANT,

EDW'D J. DAVIS,

President Reconstruction Convention.

Commanding, &c., Washington, D. C.

HEADQUARTERS UNITED STATES ARMY,

February 22, 1869.

Respectfully forwarded to the Secretary of War, with request that these papers be transmitted to the Reconstruction Committee for its information.

U. S. GRANT, General.

the convention were in an unfinished condition, the journal not made up, and other work of the secretary and clerks incomplete, I advised that the members present should complete the ministerial work of the convention and then adjourn in a formal and orderly manner, but that no other acts as a convention would be valid. I was asked by the committee to take charge of the records of the convention, but declined to do so until they were complete and had been verified. The commission proceeded to do this, and fixed upon the hour of 12 m. on Monday for the final adjournment.

In the course of the day the feeling between the division and antidivision grew more intense, each party distrusting the other, and apprehending that the records would be lost or destroyed. In the afternoon of Saturday I saw General Davis, and urged upon him the importance of his party uniting with the other, and if they would do nothing else, at least adjourn in a decorous manner, and as the work for which the convention had assembled had already been completed, all that was now necessary was to verify what had been done.

This General Davis promised to do, but at the meeting called by him for that purpose, only four or five members of the convention were present.

At the same interview I agreed to take charge of the records and gave the necessary directions. Some difficulty was experienced in collecting them, as the secretaries and clerks of the convention had partaken of the spirit of the members, and had taken away a part of the records in their keeping. In the course of that night and Sunday morning all was removed, and the clerical force of the convention and a large additional force from my own office was set to work to complete the records from the rough copies and minutes.

In order that there may be no suspicion when the constitution is pub lished that it does not correctly represent the action of the convention, I appointed a commission composed of one member from each of the parties, and an officer of my staff, to superintend the work of copying and comparison. This is now being done and will probably be completed

to-morrow.

I was very much averse to taking any action that might savor of military interference or dictation, but I believe that both parties are pleased that the records are now in my possession.

Very respectfully, your obedient servant,

ED. R. S. CANBY,

Brevet Major General U. S. A., Commanding.

Brevet Major General JOHN A. RAWLINS,

Chief of Staff, Headquarters of the Army, Washington, D. C.

GENERAL: A resolution has been passed by this reconstruction convention advising the division of the State. Measures have been taken to bring the matter properly before Congress and the authorities at Washington, by the appointment of a delegation of six members to proceed to Washington.

That the division of the State is of vital importance to us will be apparent when you consider the great extent of territory embraced within our limits, (equal to North and South Carolina, Georgia, Alabama,

The principal opposition to this measure, now encountered, comes from the people of Austin (for obvious reasons) and a part of the (lately) rebel press of the State. The governor and other heads of departments of the provisional government of the State, as it happened, were taken from among the citizens of Austin, who are interested directly in keeping the present condition of affairs intact. The Austin government have now their emissaries in Washington, and are sending others there with the purpose of forestalling public opinion on this subject. Their emis saries are now reporting here that you are adverse to any division of the State, and this statement, though probably not authorized by you, is used here to prevent a fair expression of opinion on the part of members of the convention, who very naturally do not wish to place themselves in antagonism to the views of the President elect on this part of the policy of reconstruction.