The South-Western American. (Austin, Tex.), Vol. 4, No. 10, Ed. 1, Wednesday, September 15, 1852 Page: 2 of 4
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Hon'.fWTS! Oldham then offered tho following icsolutions which were
adopted ;
Resolved That it is expedient to organize a Provisional Railroad Asso-
ciationVTu the county of Travis to promote the early construction of the
proposed railroad from the city of Austin to the coast j and that as our
friend's "in the city of Houston have already taken efficient steps towards
the construction of said road beginning at said city that Travis county
will do her part to consummate the same at an early day.
Resolved. That the President of this meeting be authorized to appoint
a suitable number of citizens of this county to compose said Association"
and from iheir number they shall elect all the officers necessary for the
proper and efficient organization of tne same; and they snail nave in
charge the origination and forwarding all measures calculated to promote
the completion of said road.
In pursuance of the last resolution the President appointed Messrs. W.
S. Oldham A. J. Hamilton J. V. Hampton Geo. W. Paschal John B.
Hanks John J. Grumbles. P. DeCordova John Bremond Richard H. Peck
Thomas H. Duval Geo. W. Davis Washington D. Miller T. S. Anderson
B. F. Caruthers Vm. Pel ham John Hancock and S. M'. Sweuson to com-
pose'the Provisional Railroad Association.
The Hon. John II. Reagan of Palestine then offered the following reso-
lutions and addressed the meeting at length in favor of their pas-age.
He wae followed by Hon. H. H. Allen of Houston who oppose! the lat
resolution as regaids the grounds assigued as a necessity for a called ses-
sion of the Legislature :
liciolvccd That we recommend that the legislature at its nccr session
increase and render permanent the value of the bonus offered to railroad
oxnp inies for the construction of railroads in this State authorizing the
Commissioner of the General Land-office as soon as an) road shall be
surveyed b- any chartered company to issue certificates for six hundred
and forty acres of land each to any such company for the number of sec-
ti.ons.of laud to which such would be entitled on the completion of said
road; which certificates may be located and surveyed upon any vacant
iuu in me araie wnenever issueu; saiu ceruncaies to ue numoeren irom
one upwards consecutively upon which certificates and surveys patents
shall be issued to such companies from No. 1 to No. 8 for the first mile.of
roait completed by any such company and so on to the completion ot any
sueh road with a clause in the face of such ceitificates that they confer
no titles to the land secured by them until they are patented ; and with a
condition that any such road shall be completed by sections within speci-
fied periods of time and upon a failure of any company to construct any
section of any such road in the time specified that the lands offered as a
linmw fnr 2nMi cni'tinnc nf rnni! rpprh in iht nnhlifi llnmilin nnd llHfinnlf
liable as all other public lands to location by any other holder of a cortiri-4 :
rn ttajv tt Tw.Acn?. nr . v a & 'f
SIR rrTthe List. Gazi-tffl. I'fiiiil a Ion's tirade ovorf
itvour name and addressed to myself prefaced by a letter to the editor ofj
rCi-i ' i i i i. :" rV: 'u-.1. L "I 1 tr. foT- flint tho'
liuai. paper aaieil ine qui ium.hi which you arc jiuaM.-ii "; ..... ..-
ifnllnwincr'twns hnmlod to the editor of the South-Western American yes
terday and for reasons satisfactory to himself' ho declined publishing it
until next week." Now sir you Know as well as 1 do thai mis swuemcui.
is incompatible with that truth which yon are so anxious to prove your-
self the vindicator; that the document was not handed to me until near
three o'clock on the afternoon of Monday the 6th inst. and that I then
informed you I had looked for you on Saturday ; that I was short-handed
in the office; and that the American ought to be out in time for the mail
that left on Wednesday morning. I have a right to suppose that the
statement under tho head of the 6th that "you handed mo your com-
munication the day before"' was made to induce peoplato believe that I
had plenty of time to put your aiticle in type for the la-t week's impres
sion and would not do so. in linrner conversation as i gianceu over uiu
first page of the manuscript I told you that there were certain expres-
sions in it that would require modification or I would not or could not pub.-
lish it. Now I am willing to stand or fall by all my acts or writings and
if you state this occurrence as it really happened yoa might have had
all the benefits that could acciue to yourself or the cause that jou rep-
resent from the language you thought proper to employ; but I must say
that I have yet. to learn that editorial courtesy which requires the delay
of a paper o'r the insertion of an article couched ill the language yours
wj
cate for 'lauds such forfeiture to effect the several sections of any suchj'v a nrttrint (i or an interlonarT
iuiu Swvciauj uuu uui uuucuiivmj.
Resolved. That the legislature at its next session be requested to pass a
law submitting to a vote of the people of the State whether they will be
taxed ten cents on each hundred dollars worth of taxable property to be
collected as the Stale tais collected and to be set apart exclusively as a.
portion of the internal improvement fund of the Stale.
Resolved That in the opinion of this meeting the failure of the last
legislature to apportion the representation of the State creates the emer-
gency contemplated by the constitution for convening the legislature in
extra session and that to secure legislative action ou other important
interests in the State His Excellency Gov. Bell be requested to convene
the legislature in extra session at as early a day as may be compatible
with the public interest.
Judge McGaffey of Williamson offered the following resolutions which
were unanimously adopted:
Resolved That the subject of railroads commends itself to the people of
iexas as one ot tne pest meinoas oi promoting uieir social morai auu po-
litical interests.
Resolved That we will not cease our exertions in the cause until suita-
ble railroads shall be constructed ; and that we will use every opportunity
afforded us to advance the object.
The meeting then adjourned until 7 o'clock to-morrow evenihg.
Wednesday Evening 7 o'clock.
The meeting re-convened and was nailed to order by the President.
The resolutions offered on yesterday evening by Major Reagan were de-
bated at. considerable length by Messrs. Paschal Allen of Houston Rea-
gau and DeCordova when Judge Allen offered a substitute for them
which was rejected by the meeting.
The first and second resolutions offered by Major Reagan were then
adopted when Gen. Jas. H. Mayfield of Lagrange proceeded to address
the meeting and after continuing some time yielded to a motion for ad-
journment which was carried until 7 o'clock to-morrow evening.
Tiiursdday Evening 7 o'clock.
The meeting re-convened acceding to adjournment and was called to
order by the presidetd who informed the meeting that the first busiuess
in order was the third resolution offered by Mr. Reagan.
After the resolution was read Gen. Mayfield spoke at length against it
when the vote was taken and the resolution unanimously adopted.
Gen. Mayfield then offered the following resolution :
Resolved That in the opinion of .this meeting it is the first duty of Tex-
as to encourage education pay the public debt survey her public lands
and reserve all after adjusting the public debt for internal improvements.
This resolution was opposed by Major Reagan on the ground not that he
was opposed to its principles jii the contrary he was in favor of them
but that it was uncalled for in this meeting
This resolution was then laid on the table and the meeting adjourned
sine die. JOHN HEMPHILL President.
J. W. Hampton ) c .
r. DeCordova 'J M"-
TH SOUTH WESTERN AMERICAN.
I'. DECORDOVA EDITOR.
CITY OF AUSTIN. WEDNESDAY SEPTEMBER 15 1852.
For President
GENERAL FEAJNKLIN PIERCE
OF NEW HAMPSHIRE.
IS ilA
For Vice President
WILLIAM R. KING
OF ALABAMA.
LEMUEL D. EVANS.
GEO. W. SMYTH
Presidential Electors.
District Electors.
GUY M. BRYAN.
R. S. NEIGHBORS
'V. B. PALMER of New York is our authorized Agent to transact
business for the American in throughout the eastern cties.
BASTROP ACADEMY.
. .THE Fourth Session of the Bastrop Academy will commence on the
third Monday the 20fh day of September next under the charge of W.
J. Hancock A. M. Rates of tuition as heretolore published.
JAMES H. GILLESPIE Secretary.
3 0 our first Page will b; found the proceedings of the
mass meeting of the friends of railroads held m our city on the 6th in4.
The leports are voluminous and will amply repay perusal. It will be ob-
served that the meeting recommend to the Legislature and the people
the principal features in the defeated and muck abused internal improve
ment bill of the last session. The will of the people is mighty and must
prevail.
r-'gl
Tf
iSTtfrnl bi) tl)e cist jttail
I Now sir with regard to the controversy that you wish to engage in
nvifli me. let the case be strictly examined and the pnblic judge.
It is true that in my strictures on your first article 1 said that jou were
one of the counsels letained by some of the agitators in Peters colony
Sac. "and hnd said and written much." &c. This asser.iou was based on
the Dallas proceedings and from your own writing when you said you had
"mingled lreely with them (Peters' colony) and.participated in many of
their meetings.'
What has heen the result of these meetings'? have they resulted m
preserving law and oider or in open violation of both has not a resident
ot that colony been surrounded Dy an armeu Dauu oi over one nuuuiuu
infuriated men'? have not public archieves and -private property been
stolen : have not honorablo men for obevinc.the-wtshes.of their constttUr.
ents been denounced and burnt in effigy 1 Now sir if you have not lent
yourself to these proceedings and you say you were an advocate lor
peaceful measures vet vou have participated in the meetinss: and you
further say that you were not the counsel for the colonists ! then sir what
are you? not a colonists lor you live beyond the colony. You could only
h
You defy me to prove that yUu have ever written or said much that had
better not have been said or written. For the proof I cite you to the D il-
las Herald of July 24th containing the report of a committee to which
report I find your name (whether as counsel colonist interloper or patri-
ot I know not.) a mast exciting document in which are expressions cal-
culated to drive an alarmed people to commit acts of violence and ag
gression. Now so intelligent an individual as yourself need not be told
that in signing that document you became responsible for it. It is true
that in your speech to the people of Dallas you recommended peaceable
measures 7U10 Clunker would not Kill the dog that bit- him but raised the
cry of mad dog and other did do so.
You denounced the report of fourteen respectable men. members of the
legislature to be "as false as the blackness of night" and as '-'an ingen-
ous tissue ot base falsehoods;" Iraud and perjury are charged on other
men. The document in question goes on to charge a high crime and
misdemeanor against the Attorney-General. The recommendation of the
appointment of "a committee of vigilance to whom all derelictions of
duty shall promptly be reported" and pledging themselves their lives
and fortunes to protect every settler in the enjoyment of his land against
the action of the agent and perfidy of the Attorney-General was not
this sufficient to excite people to the committal of acts of violence and
were it not belter that it had not. been written ;
Now sir the public are to judge whether I made in my review of your
communication any other mistake or false assertion but that you were
the retained counsel and on your own denial a correction of that mistake
was made in my next issue. However it may be proper here to observe
that it was a mistake that any one would have been liable to make for
this is not the " millenium" and I venture the assertion that there are few
prolessional gentlemen 111 or out ot levas that would travel one hundred
miles to participate and take part in such proceedings unless specially re.
lained with a fee or interested pecuniarly in the result.
This Peters' colony compromise law was passed by the legislature at
Ithe earnest solicitation of the members representing that portion of the
jbtate. I hese gentlemen voted under instructions irom their constituent
When they (the members) returned they were hailed as the protectors of
their constituent's rights ail was harmony and good will and all would
avc gone on right but lor interested parties who raised a hue and cry
oti tne eitects 01 which tuey nope to.secure tor themselves valuable land.
jibes political power. Perhaps I ought to exclude "Crockett" from
Limonrrsf. the number mentioned in tln first n.irf nf this r:ii-nir:inli fur jil.
though he voted for the bill he did make a speech against ifand was
'.publicly accused by Mr. Thockmoiton of being interested leith speculators
adversely to the interests of the colonists. Yet he was a member of the
committee and made no counter statement to that foul ajjd false report
JHe therefore sanctioned what you and he denounce as'falseJ
i But again : because I thought that one of your propositions was as rich
as ijcjMertion "that one hundred men goiug and taking away property
wortnTwiusands ot dollars were neither guilty ot a riot mob or unlawful
assembly" 3ou proceed on to denounce aud ask where I got proof that
you made any such assertion. Now sir; if I had said "as rich as A is as
sertion" then wouia tne wnoie ot yoar remarks applied De deserved;
but I supposed in writing 1 could illustrate with any suitable expression
and you know that such an assertion as I quoted had been made but not
it is true by you; nor did I say you did use it: it is therefore a forced
construction ot my article not wai ranted by the context and made only
for purposes best known to yourself.
The correction which I made would have satisfied any other person but
you have proceeded to denounce me in a strain that shows that you could
have no motive but to produce a psrsonal rencontre having taken the
side of law and order in my public capacity as well as a member of the
late indignation meeting held in our city m consequence ot murder hav-
ing been committed within its precincts think that I can without impu-
tations on my motives disappoint you if this be your wish ; and I misht
with just as much vanity suppose it so as you to think that my review of
your letter was intended to drive you liom the discussion ol this matter.
Now sir I am not interested iii the association known as Peters' Colony;
If I were I would immediately enlarge my paper that I might admit ma-
ny of your communications particularly if written in the strain of your
article in the Gazette for I honestly believe they would do' more to secure
the company their rights than any efforts their retained counsel could
make supposing they were liberal enough to retain all of the Texas bar
except yourself'
Iff know any thing of the citizens of Auslin ; if their acts at their late
public meeting oe a true inuex 10 uieir real xeeiings in regaru 10 jaw anu
order you cannot have raised yourself in their estimation; for- my part I
believe the days for wearing Bowie-knives and pistols or for using tham
for protection has passed in this section of country. I am strengthened
in this opinion by the action of the grand jury now in session.
I maintain that the article which has roused your ire was temperate in
its tone and decent in its language its object was to denounce mob law
which I consider my duty as acts of violence militate nut only in the end
against private rights but at all times result in injury to the State.
t)ne word for the Gazette or for its conductors. I know they would ad-
VrnTany thing in their paper however abusive that was written against
ine and more pariculaily when votes may be goTby it infuturo (from this
Charge I do exeent Mr. Brewster) : but I may be permitted to observe.
hat publishing the letter of Col. Sam. Bogart alongside of yours was
eH& OF JUDGE MARTIN. Official advices have
J been received at the Executive Department announcing the death of
JHon. BENNETr H. MARTIN judge of the sixth judicial district of this
StateT
' 'The death of Judge Martin will be deeply regretted. His career in
life has been an eventful one." But whatever may have been his faults
the' were such as wjl be forgotten; and his virtues were such as will be
long remembered. OLhe us years of his manhood were spent in Ala-
Mbania where perhaps he was more noted for courage and physical
strength than mental developments.
I Asa lawyer in Arkansas he at one time had a wide popularity. In
1842J he immigrated to Texas where he soon established a high reputa-
tion for firmness and independence.
Ij Since 1818 he has occupied ihe position of district judge and has gen-
erally given universal satisfaction.
i Judge Martin was not a man of learning or early advantages. But he
had a fine discriminating mind a boldness and a determined will which
well. compensated for the want of thefSTJ As a warm-hearted friend and
generous enemy he was without a rival.
During his last 3-ears he has been a warm advocate of Ihe temperance
cause and christian faith.
A LIST OF CRIMINAL CAUSES
TKIED.AND DISPOSED OF AT THE FALL TERM OF THE DISTRICT COURT OF
TRAVIS COUNTY.
The State of Texas-vs. Rawley Antry. exhibiting faro bank: jury ver-
r diet fine S30.00 and costs.
The State of Texas vs. Milliard JM. Parkerson assault with intent to
kill and murder: verdict lino $50.00 and costs.
. The State of 1 exas vs. William L. Stone exhibiting faro bank : verdict
fine S10.00 and costs.
The State of Texas vs. Augustus Fore marking an unmarked hog wilh-
out the consent of the owner. State entered a jioc prosequi.
Tho State of Texas vs. Michael Zeller:-Benj H. H. Butts and Martin A.
Love assaulting an officer in the legal discharge of a lawful order : Zel-
ler acquitted; Butts fined S5.00 and 24 hours imprisonment in county jail.
The Slate of Texas vs. Andrew N. Hopkins and Constantine Hopkins
murder : State enters of prosequi.
The State of Texas vs. Rich'd lioyce assault and battery : verdict
fined S1.00 and costs.
The State of Texas vs. John Frank grand larceny: verdict guilty
and imprisonment in the State penitentiary to hard labor for one year.
lubout as cutting a piece of irony as I ever witnessed and I know has da.
'maged your cause considerably. P. DE CORDOVA Editor S. W. A
THE COLORADO AND BRAZOS RAILROAD.
The following communication was handed in by a gentleman who is
one of the directors of the Colorado and Brazos railroad and who also par-
ticipated in the meeting. Although the name of the editor is attached to
the report of the meeting as Secretary yet on the evening that the report
was received and acted on it was impossible to attend. Mr. Hampton
the-other Secretary was busy attendingto other matters and cannot state
what was the action of the meeting. It is due however to the directors
that the explanation should be made.
The only correspondence that have ever been between the Harrisburg
railroad comnanv and the Brazos and Colorado company of any character
hns been confined to communications between a few of the individual
members of the respective companies. There has never been any corpo-
rate transaction between them nor between any of the officers of said
companies as such. The proposition to the Harrisburg company to sur-
render their chaiter and invest their capital in the Brazos and Colorado
company was made by one of the members of the latter company to a
member of the former. For reasons which were stated to the committee
that proposition (or rather suggestion) has never been favorably acted upon
by the Harrisburg company not as stated in the report of the committee
" That they declined to accedoito the proposition."
There has been some correspondence between the individual members
of these companies with reference to the particular point at which the
Harrisburg company wonld strike the Brazos river with a view to enable
the Brazos and Colorado company the better to determine upon the pro-
priety of co-operating with the former company in approaching the Gulf.
The disposition oi the dividends that might.anse from transports over the
road or the two roads has never been the subject of correspondence. It
was suggested by one of the commissioners in liis statement to the com-
mittee that the Harrisburg company might probably desire to receive the
entire dividends of their road iu the event of any co-operation between
the two roads but that the Brazos and Colorado company would not enter
into any arrangement that would not place them upon an equitable foot-
ing with the Harrisburg company in that respect.
This is substantially the statement made to the committee and after-
wards made to the convention when it was agreed that the report should
be corrected accordingly. The commissioners of the Brazos and Colorado
company do not feel themselves in need of the counsel of the committee
to enable them to determine tho extent of the authority conferred upon
them by their charter.
THE TEHUANTEPEC QUESTION.
Washington Sept. 1. The report of the Committee on
Foreign Affairs in relation to the Tehuantepec question gives
universal satisfaction. It takes high American ground and
fully sustains the position assumed by Mr. Webster. The
report will be acted on at the next session.
g vessels ott
'"" CASE OF THE HENRY CLAY.
New York. Aug. 25. The further examination of the offi-
cers of the ill-fated ste .mer Henry Clay was further post-
poned to-day. The matter will now be taken directly before
the grand jury.
THE CHOLERA.
Rochester August 24. The board of health reported six
deaths in the two days ending at 4 o'clock yesterday after-
n00"' THE FIRE ANNIHILATOR.-
Washington Aug. 26. Prof. Boynton made a most suc-
cessful experiment with the fire annihilator on the public
"rounds west of the capitol. A temporary frame Jiuilding
Two stories high was erected and filled withcombustibles to
which a lighted torch was applied.
Alter the fire had got thoroughly under headway and the
flames were bursting through the windows and roof a stream
from the annihilator was applied which quenched the fire in
less than a minute. The immense concourse of persons pre-
sent to witness the experiment manifested their approbation
tn loud plaudits.
EUROPEAN ITEMS ENGLAND.
The Parliament has been prorogued.
G. P. R. James the novelist has been appointed Consul at
Norfolk Va.
It is estimated that half the potato crop has been totally
destroyed.
J FRANCE.
T Louis NaDoleon's marriage t3"'broken off.
The French have captured three British fishin
the coast of France.
TURKEY.
The Basnian question between Austria and Turkey is as
suming a serious aspect.
The Ministry have resigned.
AUSTRALIA. -Twenty
millions of dollars of Australian gold have been
received in England.
POLITICAL. "
New York Sep. 2. The whigs -of Massachusetts have
nominated Attorney-General Clifford as their candidate for
governor.
The whigs of New Hampshire have nominated James Bell
as candidate for governor.
FROM YUCATAN.
New York Sep. 2. It is rumored that Yucatan will soon
apply to the United States for annexation and protection.
HAVANA.
The Empire City from Havana reports that there had been
many additional arrests; that the cholera has disappeared
and that the yellow lever is prevailing
WASHINGTON.
Washington Sept. 3. Hubbard accepts the Postmaster-
Generalship. Haynes of Troy jN". Y. has been nominated for chief-jus-
tice of Mineota.
Many nominations have been laid over by the Senate.
.FIFTY LIVES LOST.
New York Sep. 4. The steamboat Reindeer exploded a
boiler to-day at noon at Bristol Landing on the Hudson riv-
er. Fifty persons were killed and sixty badly injured by
scalding.
TRINIDAD.
Gold Excitement. A letter dated Port of Spain (Trinidad)
says. :
The diggings of Dameraraare causing as grpat revolution
in this land as the Australian and California diggings have
both in Europe and America. Our planters with several
hundred agricultural laborers have already started some of
whom are realizing their most sanuincf expectations. Lord
Harris the governor hi family and suite will shortly visit
the West India El Dorado.
iJV THE SOUTHERN" LIXE.
Baltimore Aug. 23. It. is rumored that Mr. Webster will
shortly write a letter declaring hfmselLij
Scott.
General
Washington Aug. 23. The Senate tofa?
nomins'ion of Joseph 11. Ingersoll as Minister to England irT
place ot Mr. Lawrence.
Neio York Aug. 21. The steamers Atlantic and Ogdens-
burg yesterday came into collision on lake Erie and the form-
er immediately sunk. She was crowded with passengers
most of whom were emigrants bound for the West and three
hundred lives were lost.
The submarine telegraph the "final fetter" or the "cable
of concord" as it is variously called is completed between
Portpatrick and Donaghadee and the-wit es are now in use.
The strength of the chord was accidentally put to a severe and
satisfactory test while the work of " paying out" was going
on ; for when the men raised a part of the sunk cable to con-
nect it with that on board they brought up a large anchor
covered with shells and seaweed and supposed to have been
at the bottom of the sea at least a century. The cables for the
new lines to Belgium and Holland are in rapid progress of
being made at the various workshops and it is believed will
be ready for laying in a few weeks. These new lines are to
connect Dover with Ostend and Harwich with some point on
the Dutch coast.
The Wa'.rous Case. A friend' writing us from Washing-
ton city the 28th ult. says:
4 On yesterday the Committee on the Judiciary were called
on by Judge Scurry for a report when Mr. Venable rose and
said that they were not and would not be ready to report this
sesssion. This shows that the charges will be looked into be-
fore a report is made in which event the result is inevitable.
Col. O. F. Johnson counsel for Judge Watrous is still trying
to get a report." Journal.
TTr' The opposition stage line from Houston to Austin w
learn is in successful oneration. Wn bavn hpPn im
enough by the mail line to wish the opposition success and if
me grossest imposition ever practiced upon any community
will avail anything thev will have it. We hnvp hpn r.k......o
in several instances three dollars freight per bundle on paper
ii um nuuaiuu iu iiiu jjuice. Lasi weeic we paid twelve dol-
lars for four bundles weighing 260 lbs. A passenger of that
weight would have been charged but five dollars. Star.
The Texas Debt. The 3Sev York Courier and Enquirer of
the 16th instant has the following paragraph :
11 We learn by telegraph from our Washington correspond-
ent "Veritas" that the Finance committee of the Senate will
report a bill tq-day authorizing a loan of eight millions three
hundred and thirty-three thousand dollars at three per cent
for twenty years to pay the creditors of Texas. The 'Go-
vernment to pay the creditors holding claims for which the
revenue of Texas were pledged )ro rata upon their giving
full releases. As this proposition does not interfere with the
five millions in the treasury under the boundary bill it is ge-
nerally acceptable and will probably pass Congress as the
only practicable method of relieving these creditors. Mr
Hunter Is the only member of the committee who dissents
from the proposition. His opposition arfses from the fact
that he considers it an interference with the sovereignty of
Texas." D '
Straios &c The Cleveland Forest City an Ohio Fjee-soii
paper which strongly supports Scott says :
" There is no way to escape the pending curse of slavery
extension save by the defeat of Pierce and King ; and they
can only be defeated by the election of General Scott whose
life is a. guarantee that his influence yill not be on the side of
slavery."
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de Cordova, P. The South-Western American. (Austin, Tex.), Vol. 4, No. 10, Ed. 1, Wednesday, September 15, 1852, newspaper, September 15, 1852; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth79738/m1/2/: accessed June 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.