Forget the Alamo!

by Drew McGunn

  “I polished the brass cannons, tended to the horses while we was down south, and cooked for the officers, sometimes.”

  While not what Will wanted to hear, it didn’t surprise him. Will liked Captain Carey, because he was brave, considerate of his men, and was willing to learn how to better do his job. But as a native of Virginia though, Will found Carey’s views on slavery to be … uncomplicated, as was the case with most of the people with whom he interacted.

  Will guided his horse across the main square in San Antonio, to a low, single-story building housing the city government. Tying the horses to a hitching post in front of the building, Will led Joe into the office of the Sindico Procurador.

  Manuel Martinez’s job was a cross between city attorney and justice of the peace. After talking with Lorenzo de Zavala, Will learned Martinez was allowed to remain in the position until the new city and county governments were established. He reckoned it didn’t hurt that Martinez was good friends with Jose Navarro, one of several Tejanos, elected to attend the constitutional convention. Navarro originally had been one of two Tejanos selected to attend the constitutional convention. The provisional government’s decision to relocate to San Antonio, to conduct the treaty with Santa Anna had also caused the convention to move to San Antonio as well. Will figured it boded better for Tejano representation to have the constitutional convention here.

  He pulled from his faded blue jacket a packet which he placed on Martinez’s desk. When the Tejano looked up, he was startled to recognize Colonel Travis standing before him. Inwardly, Will smiled as the short man, with a swarthy complexion, stood, “My pardon, Colonel Travis. I was not aware that you would be coming by today. How may I be of assistance, sir?”

  Will flipped open the packet and retrieved the bill of sale Travis had received when he bought Joe in 1834. He also unfolded a letter he had written back in February, before the campaign started, in which he freed Joe. Spreading them before the Sindico Procurador, he said, “The first of these is the bill of sale, showing where I purchased Joe here a couple of years ago. The second is a letter that I wrote, in which I freed Joe.”

  Martinez picked up both documents and examined them at length. After a few minutes, the Tejano official said, “Colonel Travis, your documents are in good order. I presume you wish to conclude this business today?”

  Will nodded, “Of course, Señor Martinez. There’s no time like the present to win one’s freedom, wouldn’t you agree.”

  Martinez’s lips twitched into a ghost of a smile, catching the words’ double meaning. “As you say, Colonel. I will draw up the manumission contract. If you do not have a witness, I will have someone from the alcalde’s office serve as a witness. The ayuntamiento fees are still being collected, Colonel. The notarization of all forms is two pesos, or comparable United States currency.”

  Will chuckled. It was just like the alcalde, Francisco Ruiz to make sure Bexar’s taxes were being collected.

  Will agreed to return in an hour to collect the documents, after leaving payment with the Sindico Procurador. From there, he and Joe crossed the plaza, in the shadow of the church of San Fernando and entered a nearby cantina. While they ate, Will noticed another diner looking their way. The man was tall and thin with sandy hair. As Will and Joe finished their meal, the other man came over to their table.

  Glancing up, Will saw the sandy-haired man was nearly as tall as he was. “Can I help you?” Will asked. His tone made the question sound like a statement. He didn’t care for the looks the other man had been sending their way.

  “You Colonel Travis?”

  “Last time I checked, yes,” Will replied dryly. “Who wants know?”

  Without offering his hand, the sandy haired man said, “The name’s Maverick, Sam Maverick. I heard tell that you were going to free your nigger.”

  Not caring for Maverick or his tone, He stood, looked the other man in the eye. “What of it? I haven’t spent the last two months fighting to free Texas from the heels of a Mexican despot just to be told that I can’t do with my property what I want.”

  Maverick glared back at Will, “You make it sound all noble, Colonel. And I don’t rightly reckon that I’d stop you from doing with your property what you will, but you see, there’s cause and effect, and that’s what worries me about you.”

  Will cocked his head as he maintained eye contact with Maverick. “What do you mean cause and effect?”

  “You free your nigger today and then tomorrow or maybe next year, you’ll be telling the rest of us that we can’t bring our slaves into Texas,” Maverick said.

  “Boy’s smarter than he looks.” Will thought. But what he said was, “That’s claptrap, sir. There are already several thousand slaves in Texas today and with most of us coming from places like Virginia or South Carolina, how do you figure that I’m going to stop you from bringing your slaves with you?”

  Will waited for Maverick to respond, while thinking he had just summed up the biggest challenge as well as the best opportunity for changing the trajectory of Texas. He just needed to figure out how to get more northerners and Europeans to immigrate. The sandy-haired man glared back at him and replied, “Well, don’t think that we’re not going to be keeping an eye on you, Colonel Travis. If you try destroying our institutions, there’ll be hell to pay.” Without waiting for Will to respond, Maverick turned on his heels and stormed out of the cantina.

  Will couldn’t help but see Joe wore a fearful expression on his face. He leaned over and patted the former slave on the shoulder, “Don’t worry Joe. Until you figure out what you want to do, you’ve got a job with me, if you want it.”

  As they walked out the cantina to return to the office of the Sindico Procurador, Joe replied, “Thank you, Mister William. Maybe for the time being, I’ll be your servant, then.”

  Later, Will read the document formalizing Joe’s freedom with a grin that split his face from ear to ear.

  Manuel Martinez

  To

  Joe Travis

  Republic of Texas

  Ayuntamiento San Antonio de Bexar

  Be it known to all men by these present that I, Manuel Martinez, of the Ayuntamiento of San Antonio de Bexar, Republic of Texas, acting under the authority of Alcalde Francisco Ruiz of Bexar, holding his position at the authority of the Provisional Government of the Republic of Texas, acting for and on behalf of William Barrett Travis, Colonel, have this day liberated and set free and fully and effectually manumitted, Joe Travis. Heretofore a slave for life, the lawful property of the said Colonel William Travis. The description of said Joe Travis being as follows to wit: About twenty-two years old, Five feet ten inches, very black and of good countenance. The said Joe Travis to enjoy and possess now and from henceforth the full exercise of all rights, benefits and privileges of a free man of color, free of any and all claim of servitude, slavery or services of the said William Barrett Travis, his heirs, Executors, and assignees and all other persons claiming or to claim forever.

  In Testimony of this seal of Manumission, I have this day signed my name and affixed my seal this 25th day of March 1836.

  Manuel Martinez

  Sindico Procurador for the Ayuntamiento San Antonio de Bexar, Republic of Texas

  Chapter 16

  We, the people of the Republic of Texas, in order to form a government, establish justice, ensure domestic tranquility, provide for the common defence and general welfare, and to secure the blessings of liberty to ourselves and our posterity, in gratitude to our creator, do ordain and establish this constitution.

  The nave of the church of San Fernando’s adobe plastered walls had been recently painted. Sunlight streamed in from several windows, covering the walls and floors with warm, natural light. Will looked around the nave of the church, the pews now pushed to the side, replaced by a dozen large tables. Over sixty men were assembled in the church. Will sat at a table with Crockett, Seguin, Lorenzo de Zavala, and Jose Navarro. Earlier in the week, before the constitutional convention’
s start, the men of the army had protested they were being excluded from the convention. David Burnet and Sam Houston agreed and the result was Will, Crockett, and Seguin were now seated as delegates, elected by the soldiers at the Alamo.

  Sam Houston strode through the double doors of the church, as he passed by their table, he nodded to Crockett and sat at the table to their right. Houston set his hat on the table. It was black and wide-brimmed and folded up to give the appearance of a tri-corner. Houston wore a gray suit jacket over a black vest. As he settled himself in his chair, a couple other men, seeing his arrival, joined him at the table.

  Will suspected everything he knew about the Texas Revolution and its subsequent history was useless now. They were in uncharted waters. From his recollection of history, the constitution had been a hurried and rushed document, drafted in the weeks immediately following the March 2nd declaration of independence. But in his new reality, when word of Santa Anna’s surrender reached Washington-on-the-Brazos, the entirety of the Texas provisional government suspended the session and hurried toward San Antonio, eager to put their imprint on any peace treaty with Santa Anna.

  After the last few stragglers entered the church and took their seats, acting President Burnet stood and gaveled the convention into session. The sound of the gavel was still echoing off the adobe walls when there was a disturbance at the rear of the church. As his shadow crossed the threshold, an elderly Indian came through the door. Will noticed that the old man was garbed in plain brown woolen pants, soft doe-skinned moccasins, a calico shirt, and a vest that would make the biblical Joseph jealous for its brilliant hues. He wore a battered, black top hat which he removed as he took a seat next to Houston.

  Burnet stood behind a small table which served purpose as a podium. He wore a perplexed look on his face, as the gavel, still in his hand, stayed fixed in the air, unmoving. “What’s the meaning of this intrusion, General Houston?”

  Houston patted the shoulder of the ancient Indian as he stood. He gave a slight bow to Burnet, “President Burnet, with your permission?” Burnet nodded slightly, a look of uncertainty on his face. “As you are aware, the provisional government in January empowered me to treat with the Cherokee tribe here in Texas. As of yet, no treaty has been ratified. Chief Bowles has come here both as a resident of Texas and as one of the elders of his people, to represent their interests.”

  Burnet finally set the gavel down and found his voice, “General Houston, I’m sure that you recognize that this is highly irregular. The Cherokee do not have legal standing here.” Will thought Burnet was choosing his words with care as the interim President’s eyes slid to a table where several prominent men from the American south sat. Several of them stood and applauded Burnet and shouted their agreement.

  Equally revealing, Will thought, were those who didn’t question the right of the old Cherokee to be seated. James Grant remained in his chair as did all the Tejanos who were present. Crockett leaned over and whispered in Will’s ear, “Looks like Sam might could use a favor right about now.”

  When Burnet saw Crockett stand, he saw an opportunity to move the meeting along. He waved to those standing and said, “The convention will come to order. General Houston, if you’ll please take your seat, the chair recognizes the former Congressman David Crockett, late of Tennessee.”

  Crockett nodded to Houston then acknowledged the men who had been standing up, with a half bow from his waist. “My fellow Americans.” He paused for a moment, “No. That stopped being true when most of you fixed your signature on our declaration of independence more than a month ago. Every man, woman and child drawing breath in the land bound by the Rio Grande, the Sabine, and Red Rivers and by the Gulf of Mexico now lives under the banner of the Republic of Texas. So, if you’ll allow me, my fellow delegates, to start over.” He paused theatrically for a moment, “My fellow Texians, I applaud General Houston, for agreeing to serve our noble cause as General in our direst hour of need, even though the war was won on the banks of the Nueces River, I salute the General’s commitment to Texas. Who here will stand with me and acknowledge that General Houston’s love and fidelity to Texas knows no bounds.”

  For a moment, Will was spellbound by Crockett’s deft mastery of the crowd, as he and the other men at the table stood and applauded Houston. He had adroitly reminded everyone present that it wasn’t Houston who had won victory but that he was still doing his duty to Texas. Throughout the church, other men stood and applauded until every man was on his feet acknowledging Houston’s service.

  As the applause ended and the men sat, everyone directed their undivided attention back to Crockett. “As you know,” he continued, “I was never one to shirk my duty neither during the late war with England nor during the wars with their Indian allies. But I trust that each of you remember, I have fought the long fight against Andy Jackson when he forced through Congress the Indian Removal Act. It was that fight that cost me my seat in Washington, if you recall. Now, as we discuss the constitution that we want to govern our lives and our nation, we have it in our power to do something extraordinary, in our new home and our new nation, the Republic of Texas. I ask each of you, whether you came here from New Jersey,” he nodded his head toward Burnet, “or were born under the flag of Saint Andrew,” he waved his hand to the table where James Grant sat, “or if you hail from Tennessee, or were born in South Carolina, like our brave and heroic Colonel Travis, here. We have been granted an opportunity by Almighty God above, to build something uniquely Texian here. I stand before you all now and ask that you join me and General Houston by welcoming the esteemed Chief Bowles of the Cherokee as an observer.”

  Before Crockett could sit, Will leapt to his feet and cried out, “I second the honorable Congressman Crockett, that this body permits Chief Bowles to sit as an observer upon this assembly.”

  Burnet, sensing an opportunity to take control of proceedings again, grabbed his gavel and hammered it on the table, “The motion has been seconded. All in favor of allowing Chief Bowles of the Cherokee to sit as an observer, say Aye.” A clear majority of the room responded with a resounded “Aye”. Burnet concluded, “The Ayes carry the motion. Chief Bowles shall be permitted to observe the convention.”

  ***

  Over the first few days of the convention, Will watched men like Crockett, Houston, and Zavala work with the other delegates to build consensus on issues. Burnet, Will thought, had allowed the convention to start on topics which were less controversial. Even so, after Samuel Carson, from North Carolina had outlined a provision to limit congressional terms to one year, Will posed a question during the debate, “If our representatives were to stand for election yearly, wouldn’t that create a perpetual state of campaigning and electioneering?”

  Will was amused as support for Carson’s proposal withered after that. Despite a clear interest by several delegates to introduce short terms for office holders, in the end, they voted to match the US system for both the House of Representatives and the Senate. More importantly, Will thought, they had agreed to a single six-year term for the office of President and Vice President.

  Another debate Will found interesting occurred after James Power, originally from Ireland, introduced a provision for proportional representation in the house of representatives. At one point, Powers addressed the delegates, “One of the functions of governance is to allow all voices to be heard, and a proportional allocation of representatives would allow like-minded men with minority views to have representation, without the need to be geographically concentrated.”

  Others offered arguments in favor and in opposition. As the debate wore on, Crockett rose and addressed the delegates, “My fellow Texians, I applaud Mr. Power and acknowledge the lack of representation his homeland endures at the hands of English politicians and it lends credence to his position. However, I believe that it is more laudable that each and every member of congress be held accountable to his constituents directly. While I admire Mr. Power, this proposal of his removes our ability
to hold individuals accountable to their constituents, rendering an all or nothing proposition at the time of a general election. How would you go to your representative for redress?”

  While several more delegates spoke on the issue, Will thought Crockett’s argument sealed Power’s proposal. The resulting vote by the delegates was predictable. While the Tejano and European delegates strongly favored the amendment, Crockett’s view carried the day among the majority of American-born delegates.

  The convention was in progress for more than a week, when Robert Potter, a North Carolinian, stood and upon recognition from Burnet, said, “My fellow Texians and delegates, I bring before you, for your consideration, a general provision to the constitution that will safeguard our rights.” He paused as he looked over at Will’s table, before reading, “No slave owner shall emancipate his slaves, without the consent of congress, unless he first send the slaves outside the limits of the republic. Nor shall any free person of African descent be permitted to live within the boundaries of the republic without the express consent of congress.”

  Incensed, Will leapt to his feet, and cried out, “What are you getting at Potter? Texas is for whites only? Negroes, Indians, and Mexicans not allowed? Who’s your next target? The Irish?”

  Potter shot back, “Don’t put words in my mouth, Colonel Travis. I said no such thing.”

  Will looked over at Zavala and could tell that his words had struck home. But Potter continued, “I have no interest in Texas turning into New York, where freed darkies are allowed to come and go at their leisure.” Potter sneered at Will as he sat. There was a muttering of support from the tables where the Southerners sat.

  Will scarcely contained his rage, “So, you and me, we can buy or sell a negro, but as soon as I decide to free him you’d hobble me with regulations? You hate it when the Yankees tell you how and under what circumstances you can sell your cotton or when they try to pass a tariff, but when it suits your fancy, you’re quite willing to do the same thing when it comes to someone else’s slaves. What’s next? Stripping Texians of Mexican descent of their rights?”