“organizations for the protection of the frontier against Indian raids or Mexican marauders” (Gammel, Laws of Texas 1927)

PROPOSED CONSTITUTIONAL AMENDMENT–AUTHORIZING LEGISLATURE TO GRANT CONFEDERATE PENSIONS REGARDLESS OF DATE PENSIONER CAME TO TEXAS OR WHEN WIDOW MARRIED PENSIONER OR WHEN SHE WAS BORN

H. J. R. No. 15.]

HOUSE JOINT RESOLUTION

[…]

Be it resolved by the Legislature of the State of Texas:

Section 1. That Section 51, Article 3, of the Constitution of the State of Texas by amended so as to read as follows:

[465] “The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever; provided, however, the Legislature may grant aid to indigent and disabled Confederate soldiers and sailors under such regulations and limitations as may be deemed by the Legislature as expedient, and to their widows in indigent circumstances under such regulations and limitations as may be deemed by the Legislature as expedient; to indigent and disabled soldiers, who, under special laws of the State of Texas during the war between the States, served in organizations for the protection of the frontier against Indian raids or Mexican marauders, and to indigent and disabled soldiers of the militia who were in active service during the war between the States, and to the widows of such soldiers who are indigent circumstances, and who are or may be eligible to receive aid under such regulations and limitations as may be deemed by the legislature as expedient; and also grant for the establishment and maintenance of a home for said soldiers and sailors, their wives and widows and women who aided in the Confederacy, under such regulations and limitations as may be provided for by law; provided the Legislature may provide for husband and wife to remain together in the home…”

[466] […] [Note.— H. J. R. No. 15 was amended and passed the House February 16, 1927, 103 yeas, 5 nays; finally passed in the Senate March 10, 1927, 25 yeas, 0 nays.]

Approved by the Governor, March 30, 1927.

H. P. N. Gammel, The Laws of Texas, 1927: Supplement Volume to the Original Ten Volumes, 1822-1897 (Austin, Texas: Gammel's Book Store, 1927), 465 (link).

“The conflict in Texas was over land” (Anderson)

I argue, however, that the situation in Texas fails to rise to the level of genocide, if genocide is defined as the intentional killing of nearly all of a racial, religious, or cultural group. I seek to draw an important distinction from it. […] Texans would have been pleased had the groups they wanted removed simply left without violence. But these groups did not. The conflict in Texas was over land; indiscriminate killing, while common during the fighting, never became a prolonged, strategic, state policy on either side. […] The ethnic conflict continued in Texas because Anglos wanted it to; ethnic cleansing, not genocide, became state policy.

Gary Clayton Anderson, The Conquest of Texas: Ethnic Cleansing in the Promised Land, 1820-1875 (Norman: University of Oklahoma Press, 2005), 7.

“Such a conflation created a two-race system–whites and ‘others.'” (Deutsch)

When Harjo and his fellow Snakes returned gunfire, two men, including the son of the sheriff, died in the battle. The white newspapers had a field day, vastly inflating the numbers killed and declaring “WAR WITH SNAKES.” Posses roamed the countryside arresting Indians and blacks. They burned Harjo’s house and looted others, under the guise of putting down a rebellion. White papers demanded “protection and Indian suppression”; the mayor of Henryetta declared, “The Snake Indians and the negroes affiliated with them are a menace to the country and should be captured.”[46] The local federal Indian agent maintained that Harjo would have to admit that “this was going to be a white man’s country.”[47]

The white posse and its allies had strategically conflated freedmen from everywhere, blacks of all sorts, and Creek resisters. Such a conflation created a two-race system–whites and “others.” In this case, “blacks” (unlike in the state’s constitution) became “Indians.” Engaging the script of the Anglo western conquest allowed these whites to pose the eradication of a black settlement as a final Indian engagement, a legitimized whitening of the West against a known external enemy.

Sarah Deutsch, "Being American in Boley, Oklahoma," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 97-122 (College Station: Texas A&M University Press, 204) Deutsch, Sarah. “Being American in Boley, Oklahoma,” in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, edited by Stephanie Cole and Alison M. Parker, 97-122. College Station: Texas A&M University Press, 2004., 113.
  1. [46]Quoted in Littlefield and Underhill, “The ‘Crazy Snake Uprising,'” pp. 323-24.
  2. [47]Kelsey quoted in Kenneth Waldo McIntosh, “Chitto Harjo, The Crazy Snakes and the Birth of Indian Political Activism in the Twentieth Century” (Ph.D. dissertation, Texas Christian University, 1993), p. 136. The troops never found Harjo, who had sought refuge among the Choctaw Snakes and died in 1911.

“All Negroes and Indians … shall be incapable of being a witness in any case whatever, except for or against each other” (Oldham and White, 1859)

Art. 448 [65] from Oldham and White (1859), 120, also gives a standard for racial definition.

Witnesses, who are incompetent.

Art. 448. [65] All Negroes and Indians, and all persons of mixed blood, descended from negro ancestry, to the third generation inclusive, though one ancestor of each generation may have been a white person, shall be incapable of being a witness in any case whatever, except for or against each other.[b]

George W. White and Williamson S. Oldham, eds. A Digest of the General Statute Laws of the State of Texas (Austin, Tex.: Printed by J. Marshall & Co., 1859), 120 (link).

 

 

  1. [b]Negro testimony is inadmissible in all cases, except for and against each other. Rice v. Lemon, 16 Tex. Rep. 593.

“said land shall not be … within four miles of the residence or improvements of any white inhabitant of this State” (Alabama Indians Relief Act, 1854)

Section 1. Be it enacted by the Legislature of the State of Texas, that twelve hundred and eighty acres of vacant and unappropriated land, situated in either Polk or Tyler counties, or both, to be selected by the Chiefs of the Alabama Indians and the Commissioners hereinafter named, be, and the same is hereby set apart for the sole use and benefit of, and as a home for the said tribe of Indians….

Sec. 3. That said land shall not be selected or located within four miles of the residence or improvements of any white inhabitant of this State. And that said Indians shall not alien, lease, rent, let, give or otherwise dispose of said land or any part thereof to any person whatsoever. And should the State of Texas hereafter provide a home for said tribe of Indians, and settle them thereon, then the said twelve hundred and eighty acres of land, with its improvements, shall become the property of the State.

“An Act for the relief of the Alabama Indians,” February 3, 1854. H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 68 (link).

 

“not to permit any Indian or Indians, to be absent from said Reservations … unless they are accompanied by some white man, or men, to be sent with them” (Laws of Texas, 1858)

Be it Resolved by the Legislature of the State of Texas, that the Governor be, and he is hereby requested to urge upon the authorities of the Federal Government at Washignton, the great necessity of the immediate establishment of a permanent military post as near the junction of the larger Wichita and Red River as practicable, and the Indian Agents in charge of the Indians on the Texas Indian Reserve, be instructed to require every male Indian over the age of twelve years, to be upon the Reserve under his control every day, unless such Indian or Indians have his special written permission to be absent; and that such Agents be instructed not to permit any Indian or Indians, to be absent from said Reservations by special permission more than three days at any one time, unless they are accompanied by some white man, or men, to be sent with them by him, to prevent them from committing depredations on the citizens of the country, or communicating with other Indians not known to be at peace with Texas, or sent with white men [276/1148] as guides, hunters, &c., or sent by said Agents as spies, of express bearers; and that the Agents be required to enforce these instructions, and that the Government furnish and keep constantly at each Reserve, a sufficient military force to enable Agents to carry out such instructions. And that our Senators and Representatives in Congress be requested to co-operate with the Governor in accomplishing the objects of this Resolution, and that the Governor be requested to furnish each of them and the President and Secretary of War, and Secretary of the Interior of the United States, with a copy of the same.

Approved, January 29th, 1858.

Joint Resolution of January 29, 1858. H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 275-276 (link).