Governor Pendleton Murrah of Texas

Delivered to the Houston Civil War Roundtable 15 February 2007

Some of the stands for the Confederate cause were not fought with guns, but with words and laws. Governor Pendleton Murrah of Texas was one who fought with words and laws. Pendleton was probably born in South Carolina in 1827. The Murrah family story is that one of the young Murrah girls came up pregnant. Since that is not proper Christian behavior for someone of Scottish Presbyterian beliefs, she gave the child up for adoption to avoid bringing dishonor on the family, which was attempting to establish itself in South Carolina. Keep in mind that orphanages were used for orphans and for illegitimate births. These immigrants from Scotland still fervently held to reformed Christian beliefs and looked down on illegitimacy. The young child was placed in an orphanage with a name tag attached to him, identifying his name as Pendleton Murrah. Although initially in the orphanage, he maintained associations with the Murrah family and kept the family name.

After growing up in the orphanage, he moved to Alabama. As a young man, he lived there for a period of time, becoming a Christian and joining the Ebenezer Church (which was a Baptist Church) of Bibb County, Alabama in 1841 (Joining a church back then was synonymous with the current views of salvation. In those days church membership was a serious matter.) After joining, he was baptized. He was later educated by a Baptist charitable society. The society saw his potential and paid for his education. He began attending the University of Alabama and eventually graduated from Brown University in 1848 (an Ivy League school, behind Harvard and Yale). After graduating, he returned to Alabama. In Alabama, he studied for and passed the bar. After a bout with tuberculosis (aka Consumption) he moved to Texas in 1850.

He opened a law office in Marshall, Texas. Marshall was a new city, founded in 1841. The city was named by Isaac Van Zandt after Justice John Marshall. [Van Zandt admired Marshall, who was the Chief Justice of the Supreme Court at that time]. By 1850, it was already the seventh largest city in the State. There he met Sue Ellen Taylor, daughter of a prosperous local cotton planter. The two were soon married, on October 16, 1850. They shared the legacy of both hailing from South Carolina.

Murrah ran for office in 1855 as a State legislator. In that election, he was defeated by the Know-Nothing candidate. During this time period, the Know-Nothings and associated ‘Unionism’ were at the height of their influence, playing on the fears of Irish Catholics taking over American politics. (“I Know nothing but my country, my whole country and nothing but my country”.) Undaunted, Murrah ran again in 1857 and won, representing Marshall and Harrison county in the State Legislature. By that time, the city of Marshall continued growing as a social, cultural and economic hub in the State. By 1860, it was the fourth largest city in Texas, along with being a port and the major entry point for Texas from the United States. Marshall was the county seat of the richest county in Texas. With the economic boom, the city became a center of secessionist politics with notable lawyers and politicians. When the vote for secession occurred, the city voted unanimously for the measure.

Murrah was progressive, selecting Colonel James Kemp Holland for a member on his staff. Holland was half black, which made his position unique. Although some sources claim the highest ranking black was a sergeant, Holland’s status raises questions about scholarship on this issue. Murrah also attended his November 1863 inauguration wearing a homespun suit. For the inauguration dinner, cornmeal cakes were served rather than the usual while flour ones. Such actions sent a message to the people that we are in this together.

Murrah also appointed his brother-in-law by marriage (John Burke) as adjutant general of Texas. Burke had served in Hood’s Texas brigade and as a Confederate spy in New York prior to his appointment.

As governor, Murrah inherited a financial mess from Francis Lubbock. Lubbock was in tight with the Davis administration, and upon leaving office joined General John B. (“Prince John”) Magruder. Initially he served on Magruder’s staff and later went to Richmond to serve as an advisor for President Davis. The taxes were extremely high, and the State was in debt. Pendleton believed that Texas should be on solid financial footing, and he began turning around previous policies.

Before taking office, General John B. Magruder tested Murrah’s authority by issuing an appeal to Texas farmers and planters to use their slave labor in constructing fortifications without compensation in December 1863. Murrah responded quickly, insisting that he was not going to allow the military to have a free hand in matters of impressments. On taking office he implemented limitations on the impressment. Murrah insisted that there be limits on impressment and that the military would have to contract for the labor rather then impress it.

The impressment was not limited to slave labor. Magruder also sought impressment of men (known as conscription) to fill ranks in the army. Murrah quickly responded to Magurder’s actions by pushing legislation (Frontier Defence Act) through that exempted from regular conscription all Texans serving in the state in efforts against the Indians.

His actions put him on a collision course with the military commanders. The situation could be termed a showdown between civil and military law. His stand on impressment began a series of complicated conflicts with Gen. John B. Magruder. Magruder was then the Confederate military commander of the Texas district. Magruder’s star was on the rise again subsequent to his victory in the Battle of Galveston that January. Magruder’s boss was Gen. Edmund Kirby Smith, commander of the Trans-Mississippi Department.

Kirby Smith’s controlling behaviors led the Department of the Trans-Mississippi to be called “Kirby-Smithdom”. In the early days of the war, he refused surrendering to Texas State troops to serve under the authority of Texan, Benjamin McCulloch. His attitudes had changed little since that time, firmly believing in centralized authority. Murrah believed in the sovereignty of Texas and de-centralized confederated government. Magruder and Smith believed in highly centralized government, and that military authority trumped civil authority.

Murrah experienced difficulties with both men. One of his opponents was a male prima donna, the other an overly controlled West Point military type who did not respect State authority. Murrah knew that Freedoms are won both on the battlefield and legislative arenas. Much like each of us, Murrah soon had to fight for what he believed in. He believed in the Confederate cause (States Rights and de-centralized authority) and fought for those beliefs.

The next serious disagreement concerned the conscription of troops and using Texas State troops outside the state. Murrah argued that those men enrolled in the state militia, particularly in frontier counties, were not subject to conscription by Confederate government. He believed they were under the authority of the Texas. He claimed “Texas called these troops into being under the sovereign will of the state; as such, the militia should be seen as a volunteer aid to the Confederacy and Magruder had not right to assume command over them unless the government of Texas gave him that right”. Pendleton believed that the troops on the frontier were needed to maintain peace against bandits and Indians. Confederate troops from Texas followed the news concerning this issue with intense interest since many of them came from 59 ‘frontier” counties.

Since Texas still had a frontier, he believed it had unique needs not understood by the Confederate authorities. Confederate authorities in Richmond maintained that one cavalry regiment was all that was needed to maintain order and protect the frontier. Richmond believed the remaining men were subject to conscription. The Comanche tribes in the Llano Estacado area alone had thousands of men led by the renegade chief Little Buffalo. The Cheyenne, Kiowa and Kiowa Apache were also both threats at that time. Murrah was well aware that the Indian raids had been increasing in frequency and number of warriors as the war continued. The violent brutality of the Indian fighting made it a concern with the Murrah administration.

Magruder believed that Confederate laws had superiority over state legislation. It was if ‘Prince John’ and Gen. Smith were practicing a “same government different flag” approach by applying Unionist views to Confederate governments. The very principles of the Confederacy and States Rights were under fire, and Murrah stood his ground. Murrah believed that if States rights were to mean anything, he needed to stand on them, otherwise they become mere words. Even the high power lawyer, William Pitt Ballinger opposed him in this matter[1]. (Ballinger had been a US Attorney and staunch Unionist until the start of the war. Ballinger was also the person who received seized enemy property and sold it). Murrah and Smith eventually met face to face in dealing with the matter. In February, Murrah, Smith and Magruder met face to face to work out a compromise. The military commanders allowed Texas to control its militia, with the proviso that in an emergency, the military could step in. The State troops would continue being designated State troops rather than being considered Confederate troops used to fill the ranks throughout the Confederacy.

[1] The law practice began by Ballinger is still in operation as Mills Shirley, LLP in Galveston.

Murrah believed in the Confederate ideals and vision. Once the Confederate government formed in Montgomery he announced his candidacy for the Confederate Congress. Although he was willing, his health interfered. He withdrew before the election due to a relapse with his TB. (TB often effects many body organs, sapping one’s energy.) Murrah was not one to sit idle. After recovering his health, he served briefly as a quartermaster officer in the Fourteenth Texas Infantry in 1862. The regiment was attached to a new division commanded by General John George Walker being organized in Arkansas. Walker’s division later gained notoriety as “Walker’s Greyhounds” due to their swift marching abilities. The 14^thTexas Infantry soon distinguished itself in battles around Little Rock, Arkansas. Murrah’s continued health problems forced him to resign his commission. After resigning, he returned to Marshall. His former compatriots in Walker’s Greyhounds went on to distinguish themselves in the Vicksburg and the Red River campaigns.

The next year, 1863 Pendleton recovered enough to allow him to run for governor that summer. Murrah, like Vice-President Alexander Stevens persevered despite poor health (At that time people looked at a candidates’ ideas, and convictions rather than their health or attractiveness). Several candidates entered the race. In a strange turn, several candidates withdrew, leaving Murrah and Thomas Jefferson Chambers^. Newspaper editors and party leaders endorsed Murrah. Chambers was an experienced politician, with the political connections of having three previous runs for Governor.

Pendleton won that summer’s election by more than 5,000 votes. (The previous Governor won with a margin of 125 votes). As with all elections, the political pundits claim that the vote was a squeaker and more of a rejection of Chambers than an endorsement of Murrah. Chambers received less votes in this election than he had in the previous election of 1861. Given the endorsements he received, I am inclined to see the victory as an endorsement of Murrah. Winning an election at that time, before electronic voting machines or chits with 5,000 votes (17,511 total). This was quite an accomplishment, especially in view of the total 31,036 votes cast for Governor. Percentage wise his victory was the same percentage (56%) that Sam Houston had in 1859 and that Elisha Pease had won with in 1855. It was not the squeaker that some political revisionists make it appear.

As Governor elect, he attended the second Marshall meeting in August of 1863. After the fall of Vicksburg, the city became a vital hub, and State Capitol of Missouri. The Marshall meeting decided what would be done in the Trans-Mississippi, since Vicksburg’s fall cut Texas, Arkansas and Eastern Louisiana off from the rest of the Confederacy. The Confederacy also sought reassurances from Texas leadership that Texas would remain supportive of their cause. Since Texas had nullified annexation, they were a free political agent in many regards. Former President Houston and other politicians knew this at that time and attempted political gambits related to it.

By the time of the conference, the city was designated the civil capitol of the Confederacy west of the Mississippi. Murrah was chosen to head the committee authorized to negotiate with international relations with French and Mexican authorities. At that time France and Mexico were fighting for control of Mexico. Since France was a major player, whose recognition was sought by the Confederacy, the negotiations had political ramifications. This was a touchy assignment considering that some French politicians were advising Texas to leave the Confederacy and ‘go it alone’. Murrah was well aware that Texas retained its rights of sovereignty as a nation and chose to join with the Confederate States. [France maintained a consul in Richmond and vice-consuls in Galveston and Matamoras. Although the French government adamantly denied any plans on formally recognizing the Confederacy or trying to lure Texas away from the US or the South, their actions of maintaining these offices suggest otherwise.]

Magruder disliked the compromise and circumvented Murrah. He attempted enrolling all eligible men in Confederate service. Murrah openly criticized Magruder's tactics. He stood by his principles, insisting that Confederate authorities had to give ground. When Magruder persisted, Murrah authorized the State courts to go lax on prosecuting men impressed into Confederate service, since the central government did not have the legitimate power to force men to volunteer against their wishes. Many of the Texans stood behind Governor Murrah, including lawyer and General, Thomas Harrison of Terry’s Texas Rangers. (Ironically, James Love, and Thomas McKinney Jack of the Rangers were related to Ballinger). Magruder countered the Governor by frequently expressing alarm and concern over potential invasions. Every potential threat was met with a letter filled with alarm concerning possible invasions. Magruder’s alarms were also sent to other Confederate leaders. In one letter Magruder wrote “If the Governor’s chasm cannot be bridged, I will leap it.” Smith order the troops into service, Murrah countermanded that order. Murrah’s firm resolve proved fruitful. His order that no State troops be allowed to cross the Sabine held firm. General Smith finally backed down on his hard line stance, allowing the State to keep control of many of its men. Murrah dealt with the question of who has the authority of Texas State troops with Texas winning.

The situation changed when Gen. Nathaniel Banks invaded up the Red River in the spring of 1864. This time, it was not a matter of crying ‘wolf’, the wolf was at the back door of Texas. Magruder became frantic that April when Yankee troops were 60 miles from Texas. Marshall, then a military center, major port and capitol of Missouri was threatened by this invasion. The military commanders discovered that many of the men were reluctant to serve outside of the State without orders from the Governor.

Gen. Kirby Smith sought and enlisted Pendleton’s help by asking him to order the Texas troops to Louisiana. Since an invasion was imminent, the impressment of men was finally allowed by the Governor, provided they were commanded by Texans and served only in their Texas units.(Recall that a similar situation occurred with Governor Brown in Georgia with the use of State troops) . Murrah saw the danger and reluctantly yielded to Magruder’s requests. He responded, “I shall be forced, in view of the dangers surrounding the State and country, to co-operate with you in organizing [the militia] under the recent law of Congress. I shall take upon myself the responsibility …of calling upon the State troops to look no longer to an organization under State laws.” Murrah’s agreement led to seventy-five companies of troops transferring to Confederate service.

The Texas troops soon returned to Texas after the battle. The three most vocal States rights governors were Governor Joseph Brown of Georgia, Governor Zebulon Vance of North Carolina and Governor Murrah of Texas.

Pendleton went so far as to grant exemptions from conscription to men in those 59 counties threatened by Indian activity along with having some of the frontier battalions provide services to indigent soldiers and their families. The soldiers of Texas cared for their own back then. There was no Veteran’s Administration to assist anyone. General Smith pulled rank, taking the matter to President Davis. The granting of exemptions alarmed President Davis, who intervened by writing to Governor Murrah regarding the matter.

President Davis’s re-authorization of the suspension of habeus corpus, created further resistance to conscription. The attitude of “Texas First” permeated the state. The people believed that Texas had given its fair share and then some. The courts reflected this by going lax on prosecutions. The Davis administration complained and wanted Murrah to step in and take action against the courts. Murrah refused, insisting that “An independent judiciary was the only hope of freedom in times of passion and violence.” Murrah even enlisted a Texas Supreme Court justice in stating the opinion that it was “Sheer nonsense to say that Congress can use force or require the Executive Department to use force to compel a citizen voluntarily to enlist”.

A newspaper editorial at the time stated that “a watchful eye must be kept on the military, especially during wartime, for an army can be as dangerous as it is useful”. There were rumors that the military was considering the overthrow of civilian authority. The military authorities distrusted Republican institutions (e.g. elected officials).

Governor Murrah and Confederate authorities soon clashed on other issues concerning taxes and duties. Kirby Smith established a Cotton Bureau at the 1863 Marshall meeting. This was a form of central control. The bureau bought and sold cotton along the border, at times using force to obtain their goods by impressing the cotton. Smith had been cut off from other supplies and monies so he was going to control the cotton. Being cut off, he had to create opportunities to keep the military alive. The original plan was that Texas would transport the cotton to the border, and the Confederacy would be allowed to purchase some of it (under law, cotton in transit belonged to Texas and could not be impressed). With Murrah’s plan, the farmers were paid a fair market price payable in State bonds.

Once the cotton reached the border, the owners could sell up to half of it as he wished, with the remaining half going to either the Confederate government or Texas. The rub came when the farmers preferred State bonds, paying 7% interest rather than Confederate cash. The farmers had more faith in the ability to Texas to pay than the ability of Richmond to pay them. By March of 1864, half of all the cotton on the border was being purchased by Texas. By May of 1864 the currency situation was so bad, Governor Murrah proposed an act for the withdrawal of Confederate money from Texas.

(In 1863, cotton went for .70/pound , by 1864 it was $1.90/pound. With the average bale being 500 pounds, this was from $350/bale to $950/bale. Currently cotton goes for $48.00 a bale. A 500 lb bale now goes for $24,000).

It was 5 cents to the gold dollar. Given the amount of gold in the dollar, it worked out to about $500 confederate dollars pre ounce. Inflation had grown so bad that gold went for $500.00 for an ounce. (Consider that in 2007 USD it is was $651.00 for an ounce of gold).

On May 11, 1864 he spoke on the money issue.. “Congress owned the fact that the confederate currency was almost worthless, and provided for its withdrawal from circulation. The act was bold, if not approved by wisdom and good faith. It was an act of financial destruction, if not of financial skill. They created, they destroyed. I have no comments to make. I shall deal with the legislation of congress as it affects the finances of the State.” Later in the same speech, he added, “The State, so soon as the necessary measures can be put in operation, should cease to pay out this currency. After the first of July, if it can be avoided, no payment should be made with it. Whether the old can be exchanged for the new issue, and taxes gathered in the new, with sufficient expedition to meet the wants of the government, is a matter for your immediate inquiry.”

Murrah’s cotton action, like conscription, began a series of threatening letters between Texas and the central authorities of the Confederate States government. Although Confederate authorities in Richmond were cut off from Texas, like current congress critters, they persisted in meddling (in this case, micro managing) in Texas affairs, passing a measure stating that all cotton sales had to be approved by President Davis. Here again Murrah dealt with the question of “who has the final authority over Texas agricultural products, Texas or the Central Confederate government?” The sentiment in Texas was one of “Texas First”.

By mid-1864, French authorities had seized control of Matamoras. Although controlled by the French, Yankee agents, and military recruiters filled the streets of the border town.

Smith soon began impressing cotton again after the Confederate Congress approved a measure, prohibiting the sale of cotton or tobacco without President Davis’ approval in February of 1864. As can be seen by the sales figures (Texans sold about $2 million worth for their own purposes), Richmond’s actions had little effect on Texas. Murrah was angered by the action of the “Richmond usurpers” , responding by authorizing the State to pass penalties against the cotton bureau. He passed legislation authorizing, the suspension of its operations, along with fining those complying with the old Bureau and confiscate their cotton. Smith became enraged, referring to Murrah’s actions as “duplicity and betrayal”. Murrah was persuaded to relent to Confederate pressures and the men finally met. In July, the two men met in Hempstead and worked out their differences. On July 19, 1864, Murrah appealed to Texans rather than using force to sell their cotton to the government agents. The ironic twist is that the government agents representing the US always outbid the Europeans for the cotton that was sold in Mexico. Since the CSA/Texas farmers and Texas agents all wanted the top dollar for their cotton, the US became the major purchaser of Southern cotton. President Davis was often livid over this situation, since he wished the US be totally deprived of Southern cotton.

Even though he fought with Confederate authorities, Murrah supported Magruder and Smith in their efforts at continuing the war. In an address to the people on January 14, 1865, Murrah urged Texans to put aside personal ambitions and make sacrifices in defense of their liberty. During this time, the Hampton Roads Peace Conference occurred, where the two governments considered how they could make a peace with each other. The peace conference addressed Southern states rejoining the Union, maintaining many of their rights and the cancellation of the Emancipation Proclamation.

The Confederate position weakened with their armies being pushed back in the 1865 campaign. With the weakening of the central government, many believed that a stand could be made in Texas and began traveling for it. It was during this time that Murrah addressed the people of Texas.

Murrah considered the situation: Lincoln had recently been assassinated; The ANV surrendered. The armies under Joseph Johnston and Richard Taylor remained in the field. Several Confederate raiders are still at large on the high seas. Galveston remained opened as a port, and trade continued along large portions of the border. The office of Governor brought many heartaches with his 19-year old nephew committing suicide in the northwest bedroom of the Governor’s mansion after being rebuffed by his wife’s niece on a Sunday afternoon, a fire destroying portions of the mansion, his health worsening and with he and Sue Ellen remaining childless. He had given his all to the cause he believed in. During these dark times, he addressed the People of Texas.

Executive Department Austin April 27th 1865

My countrymen --

Disaster has befallen our arms in Virginia. Our chosen chieftan Robert E. Lee, victorious on so many glorious fields is a prisoner of war and a portion of his army has surrendered.

These unforeseen calamities impose additional responsibilities on the state of Texas. My object now is briefly to point you to the path of duty, to exhort you by all the considerations which make life desirable or existence tolerable to pursue that path without faltering or flinching.Your faith, your honor and your manhood are pledged to your brethren east of the Mississippi. For four years they have fought your battles and stood, a wall of fire, between you and the invader. Their cause is your cause.

Their fate is inseparably yours. They look now with eager eyes and anxious hearts to the people and armies of this department for rescue and deliverance.

They will not -- they must not look in vain.

With God's blessing it may yet be the proud privilege of Texas, the youngest of the Confederate sisters to redeem the cause of the Confederacy from its present perils. In extent and resources Texas constitutes an empire in herself. Favored of nature, she is inaccessible to her enemies her soil is unsullied by the fear of an invading army. Her great resources, if prudently husbanded and wisely applied are equal to any emergency.

Acceping in their full significance the facts of our situation there is no reason for yielding even to a momentary panic, still less for giving way to unmanly despair.Be firm and true to yourselves, above all things be united. Drive with scorn and contempt, from your midst the crawling demagogue who would array one class of the community against another. He is your worst enemy who would sow dissentions and divisions among you and of those resources and to rendering them available for our defence.

"Freedom's battle once begun" "Be greater from bleeding son to son" "Though baffled aft is ever won"

I again urge the importance of our people remaining a unit. Without this we can neither make successful war nor honorable peace.I have attempted to point out the path in which duty and patriotism would lead us. Rugged and thorny though it be I shall follow it with you fearlessly to the end.

I believe with God's blessing we are able to defend our own state and to render glorious service to the Confederacy such service as history will gladly record for the encouragement of the friends of freedom and humanity in all time to come.

It behooves us to ponder and meditate on the words of Governor Murrah. In the light of his circumstances, these were true words. These were an expression of what he believed and lived. In many ways, he was the embodiment of the Confederate cause. Despite poor health, financial problems, personal tragedies and conflicts with others, he stayed true to the cause. Can we, in the 21^st century do the same?

Two weeks after that proclamation, the Governors of Arkansas, Louisiana and Missouri met at Marshall a second time to discuss the situation with General Smith. Murrah was ill as his TB continued worsening, so a representative went in his stead. In the meeting, when Smith exhibited some hesitancy, General Jo Shelby threatened him with arrest if he did not continue the war.

Pendleton and Magruder cooperated on one of their last acts, the appointment of commissioners to represent Texas in negotiating a peace. The two agreed on Ashbel Smith and William Pitt Ballinger as the commissioners. Ballinger was a premier lawyer and Smith was an expert international negotiator (and later President of the University of Texas). The two men attempted obtaining a cessation of hostilities between the United States and Texas.

When it was obvious that Union forces would occupy the state, he vacated his office, leaving Lieutenant Governor Fletcher Stockdale in charge on June 17.The pattern of Yankee occupation had already burned several state capitols to the ground. General Granger was en route to Texas at that time backed up by 50,000 troops (contrast with 133,000 American troops in Iraq and 19,000 in Afghanistan). Reports of what the Yankee troops had done to other State Governors and their capitols concerned Murrah. He joined other Confederate leaders including Shelby traveling to Mexico. They assembled at the Menger Hotel in San Antonio. He was joined by Generals Magruder and General Kirby Smith. (At that time, Smith was traveling under an alias) He was also joined by his brother-in-law, John Burke, whom Robert E. Lee termed his “favorite spy”. On this final march, the three were finally in agreement. The party hoped to offer their services to Emperor Maximilian and establish the Confederate colony of Carlota (the name of Maximillian’s wife). Included in the group were Governor Henry Allen of Louisiana and Governor Thomas Reynolds of Missouri. In the aftermath of the party’s departure, some ruffians broke into the Texas treasury and stole an unspecified amount of monies prior to being discovered.

The passing of that military escort was the last organized Confederate force as it departed Texas at Eagle Pass. The men buried a Confederate banner in the Rio Grande, which has been called the “Grave of the Confederacy Incident” on July 4, 1865. The long trip was too much for Murrah, who continued suffering from tuberculosis. He was confined to bed upon reaching Monterrey. He died there on August 4, 1865. The remainder of the party continued to Mexico City. [Rumors around the Governor’s mansion in Austin are that the building is haunted by Murrah’s nephew’s ghost and his as well.] The expeditions’ leaders finally met with Maximilian who did not accept their military offers. The members then attempted establishing Confederate colonies in Mexico at Carlota, Veracruz, where Sterling Price presided or continued on into South America.

It behooves us to ponder and meditate on the words of Governor Murrah. In the light of his circumstances, these were true words. These were an expression of what he believed and lived. In many ways, he was the embodiment of the Confederate cause. He did not bow to every whim of Davis, but rather held firm to Confederate principles concerning the authority of the State. Despite poor health, financial problems, personal tragedies and conflicts with others, he stayed true to the cause. Can we, in the 21^st century do the same?