The Heritage Corner - January 27, 2011
David Swanzy

More Shelby County History Written in 1850—Last in a Series

In his “History of Shelby County,” Dr, Levi Henderson Ashcraft offers a very pessimistic but undoubtedly realistic view of Texas’ economic situation during the days of the Republic. He observed that the government was broke, having neither soldiers nor munitions of war. Government script was worthless, selling frequently for five or ten cents on the dollar, and land script could not be sold at any price.

“The soldiers who were discharged after the War received bounty land warrants, which they would then sell for a few drinks of whisky. A drink per acre was considered a high price.

“Hostile parties continually engaged in conflict for the control of public affairs. The country was filled with bands of mercenary speculators, thieves, counterfeiters and refugees from justice. Patriotism was an obsolete term…Agriculture was almost entirely abandoned; businesses stagnated; confidence ceased to exist; and anarchy, confusion, and dismay were visible everywhere.”

It seems that many new arrivals to Texas had bitter reasons to regret the day they gave up their earlier homes in the United States. Indeed, many people were ready to ally themselves with any movement that promised change, hoping for the best but recognizing that their future condition could be no more intolerable than it already was. Fortunately, there were others who persevered; otherwise, Texas would not be what it is today.

Regarding the fight for independence, Ashcraft had vivid memories and strong opinions about the War itself.

“We had to fight against a nation of eight million, while Texas could boast of only a few thousand. The few troops sent into the field were miserably equipped, knowing at the same time that they were to receive the most meager compensation for their services. Mexican armies were raised repeatedly and sent against the rebel Texans; and hordes of hostile Indians were constantly descending in swarms to plunder the unprotected frontier. However, in every conflict that the Texans faced, an unfaltering courage prevailed, and independence was achieved.

“Shelby County is now (in 1850) inhabited by as worthy men as any in the state. All is peace and quiet (after the Regulator-Moderator War), but it will be many years yet before we reach that point of prosperity which would have been easily attained were it not for those unhappy and disastrous occurrences of the last decade.

“It may well be questioned if mob law can be justified under any circumstances. Cases certainly arise in new countries when the community must take administration of the law into their own hands. In spite of this, a bright future is envisioned for the Lone Star State, and as a Texan, I am proud of our country.”

More Shelby County History Written in 1850--Part Four

 As a leader in the Regulator-Moderator War, ShelbyCoSurname6 had a reputation for being a desperado.  In addition to bullying those he could dominate, he was particularly fond of playing tricks on parsons--particularly Methodist ministers.

“Not that he harbored any particular ill will against Methodists, but because they were more numerous than any other denomination, he would go to any amount of trouble to meet up with one of them. When he happened to do so, with Bowie knife in hand, he would cause the preacher to display such antics as would completely shock any man's idea of pulpit dignity. 

“On one occasion on a lonely road, he engaged a Methodist parson in conversation on the subject of religion, finally proposing that they retire into the woods a short distance from the road, where without fear of interruption they might engage in prayer.  The minister, delighted with the prospect of having a means of converting a wicked man from his sinful ways and adding a member to his scanty flock, gladly assented. 

“Kneeling down by the side of a fallen tree, the minister offered up a most devout petition that the Lord would send down his converting power and change and purify the heart of this poor, unfortunate sinner.  He then arose, conversed with ShelbyCoSurname6 a short time, sang a solemn hymn, and again knelt in prayer. ShelbyCoSurname6 responded by saying he was a changed man and gave vent to his feelings in tears, shouts, and acclamations of joy.  The man of God was completely happy but, as tears of joy and gratitude rolled down his withered and sun-browned cheeks, ShelbyCoSurname6 suddenly drew his knife, turned toward him, and demanded to know what sect he belonged to.  The minister assured him that he was a Methodist.

"Have you ever heard of a dancing Methodist?" asked ShelbyCoSurname6.

"Never", was the reply.

"Well", continued ShelbyCoSurname6, "I am one of them, and as you have converted me to your faith, I'll now convert you to mine."

“Placing his knife within reach, he commanded the preacher to dance.  The preacher’s protestations were in vain; ShelbyCoSurname6 would not listen to him.  He must dance or lose his scalp, which was not a very pleasant alternative.

“Believing that he was in the presence of a maniac and that he was in danger of losing his life if he refused to comply, he set to work in good earnest.  The heavy drops of perspiration rolled down the old man's cheeks which, but a short time previously, had been wet with tears of happiness.  His gray hair fluttered in the wind, yet he feared to stop.

“When almost out of breath and ready to faint from exhaustion, ShelbyCoSurname6 commanded him to cease and inquired if he had ever seen or heard of ShelbyCoSurname6.  The old man replied that he had heard of him but had never seen him.

"Then," said ShelbyCoSurname6, "You may congratulate yourself on having made his acquaintance. And for fear that I may forget you, I'll trouble you for a portion of the skirt of your coat as a keepsake.”

“He then told the parson that he was at liberty to depart, of which permission the worthy Methodist minister gladly availed himself, happy to escape so easily from the clutches of such a celebrated desperado.

“ShelbyCoSurname6 communicated this exploit to his friends, and it was duly heralded throughout the county as evidence of bravery of their leader.

It was only Sam Houston, President of the Texas Republic, who was able to soothe the hostilities of ShelbyCoSurname6 and others by issuing the following proclamation from his outpost in San Augustine, on August 14, 1844. Some sources say that President Houston even made a trip to Shelbyville himself to make sure his directive was carried out.

“It having been represented to me that there exists in the county of Shelby a state of anarchy and misrule--that parties are arrayed against each other in hostile attitude contrary to law and order:

Now therefore be it known that I, Sam Houston, President of the Republic of Texas, to the end that hostilities may cease and good order prevail, command all citizens engaged therein to lay down their arms and retire to their respective homes,

Given under my hand and seal the day and year above written. Sam Houston."

After 1844, when the Regulator-Moderator War ended, “the town of Shelbyville, once a flourishing little inland village, became almost deserted. The traveler as he passed through its streets need not be told that some unusual cause had operated to bring about the change everywhere so plainly visible.

“So it was that people in every part of the United States heard of the lawless and sanguinary scenes enacted there. Because of this, those who immigrated to Texas avoided Shelby County as they would have done a city infested with the plague.”

More Shelby County History Written in 1850--Part Three

Ashcraft, in his 1850 narrative about Shelby County, noted that Shelby County was not just a locale for known murderers, thieves, swindlers and reckless desperados who roamed the area. Among the so-called respectable folk were those who carried the titles of Captain, Major, and Colonel.

He knew two of them well: Major ShelbyCoSurname4, who swindled him out of a particularly nice carriage horse; and Captain ShelbyCoSurname5, who witnessed the episode but had a lapse of memory when he was called on the witness stand to testify. The latter, by the way, was a member of the Congress of the Republic of Texas.

There were two points to be made by Ashcraft’s narrative about a captain and a major. First, it was not so much that his fine horse was never returned, but that even titled men could be as conniving as those known to be disreputable.

His second and equally strong point was that titles in those days were probably more unearned than earned. “There is an undeniable fact that there are at the present time more men in Texas with the title of colonel than would be sufficient to populate the combined armies of the world… Adventurers from all quarters of the world were rushing to Texas where they hoped to gain either glory or gold. Freedom and the rights of men were upon their tongues, but in their hearts…they were too lazy to engage in an honest and laudable calling on their own. So, they almost universally sought employment in the Army of the Republic. Usually coming without recommendation, they frequently found it expedient to bolster up their respectability by assuming a military title.

“So it was that a shrewd Yankee who operated a ferry at one of the main crossings of the Sabine became aware of the prevalent thirst for titles on the part of emigrants. Therefore, he sent off to the States for many printed commissions, all signed with fake signatures of governors of the various states. These commissions ranged from the rank of captain up to that of general. He always kept these in readiness so that, in five minutes, he could turn the vilest vagabond into a colonel or even a general simply by inserting his name in a
blank designed for that purpose. Indeed, so great was the demand for his commissions that before Texas gained its independence, he derived from that source alone a handsome income.

“On one occasion a party of these newly manufactured officers put up for the night in a village near the line, where a hotel was operated by an eccentric old gentleman known fondly as Uncle Ben. They all registered under their titled names--all, this is, except for a burly, good-humored man. This pleasant looking man had joined the group shortly after they had crossed the Sabine. He was different, however, in that he signed with no title, an action that was duly noted by Uncle Ben.

“That night the modest gentleman was treated with marked politeness; he had the most comfortable place at the table reserved for him, and his plate was filled with choice portions of venison steak and baked fowl. Indeed, so constant and particular was the attention shown to him that he began to feel uncomfortable. When the party came to settle their fare the next morning, Uncle Ben charged them a dollar and a half each until he reached the last on the list, the good-humored individual.

"What is my bill, sir?" inquired the stranger.

"Not a cent, sir," returned Uncle Ben. "And if you had stayed with me a week, it wouldn’t have cost you a farthing. You are the first civilian it has been my good fortune to meet since I left the States, and constant association with so-called officers leaves me cold. The pleasure of conversing with you is more than sufficient remuneration."

Dr. Ashcraft concludes this story about the numerous fake officers by saying, “I know a good many pious men who are dubbed ‘Colonel’ who haven’t killed a snowbird with a gun in their lives and who have as much great horror of gunpowder as Americans have of stewed frogs. And speaking as one who has no military ambition, I enter my most solemn protest against the continuation of the practice of pressing modest men into the military ranks, at least until the present supply of colonels shall have happily expired.”

There has been much written about the Regulator-Moderator War, and I will not attempt to add to it. A related book written in 1883 by John W. Middleton used the label, “Shelby County War” as a subtitle, so it is clear that our county was a local battlefield in 1841-42.

According to Dr. Levi Henderson Ashcraft’s account written in 1850, it was a sad time for Shelby County, and rather dreadful things occurred that blackened the reputation of the county for most of the remaining years of that century. However, civil unrest was not limited to Shelby County. Ashcraft states that, “In 1838, because of a sparse population distributed over a vast territory stretching from the Red River to San Antonio, it was impossible for the government….to extend supervisory care over the inhabitants…Add to this the fact that Texas then provided an asylum for all the murderers, thieves, swindlers and reckless desperados in the United States, and lynch code was adopted and rigidly enforced when it suited the caprice of the majority.

“In the early settlement of Shelby County, a gang of horse thieves, counterfeiters and land pirates (the term used to denote dealers in fraudulent land certificates) was organized--a small branch of an immense organization extending through the whole western and southwestern country. Their affairs were managed with such skill and their schemes carried out with so much prudence that for a long time their existence was not even suspected. To all appearances they were honest and correct in their dealings, especially when endeavoring to make a favorable impression on a "green one,” as all newcomers from the states were called. The members of this gang…controlled the local elections…, and by such means, when one of the clan chanced to be detected in the commission of an offense, they were able to prevent an investigation.

“In the management of these matters, the sheriff would feign great commitment to the arrest of the accused, summoning a posse (of the clan) to assist him and sending them out in every direction except the one in which they knew the culprit was making his escape….Sometimes they would make an arrest and place the prisoner under a strong guard, declaring that all such should either be hung or drummed out of the country. But during the night all the guards would manage to fall asleep and, at the same time, the prisoner would make his escape. The next day an ineffectual search would be made and soon the matter would be entirely forgotten.”
While these comments described organized bands associated with the activities of the Regulator-Moderator War, individual actions followed a similar roguish pattern, at least on a smaller scale.
“The influence of religion was unfelt and the restraints of civilized society entirely discarded. Even those who had been pious in the United States could not escape the general infection, and many of them soon became as reckless and immoral as those with whom they were compelled to mingle….Ministers, under the guise of missionary work, did not wholly escape this contamination. Some of them displayed more villainy than those to whom they ministered….”

“In 1838 a man by the name of ShelbyCoSurname2 settled on a small tract of land a few miles from Shelbyville. Soon, he was suspected of several petty thefts, but no definite evidence could be obtained against him.

“In the month of September of the same year, a party of gentlemen from Tennessee arrived with the intention of purchasing land and settling in Shelby County. Among them was Mr. ShelbyCoSurname3 who, riding a very fine horse, happened to stop for the night at a farm house a few miles from the county seat. When he walked out to the stable at about nine o'clock that night, he discovered that his horse was gone. ShelbyCoSurname3 immediately communicated the loss to the landlord, who promised that a morning search would be made and his horse would be found. The landlord, actually a chief of a clan, was under the impression that the theft had been committed by one of his own. He knew the horse was of little value compared to the amount out of which he hoped to swindle ShelbyCoSurname3….What was just as important to the landlord, it was not polite to permit a petty theft under his own roof and could even lead to unpleasant suspicions.

“In addition to all of this, he already suspected that the horse’s loss might cause ShelbyCoSurname3 to become disgusted and leave the country without making any investments. This could rob the landlord of a chance to speculate in fancy land certificates, of which he was never without a supply. So, early the next morning, it was easy for a party of four, including the landlord and ShelbyCoSurname3, to follow the thief’s trail for three or four miles to ShelbyCoSurname2’s residence.

“ShelbyCoSurname2 was seated quietly by the fire when the party entered and informed him of what had occurred and that they suspected him…. ShelbyCoSurname2 was accordingly taken to Shelbyville under strong guard, his arms and legs closely pinioned together. It was that night when the landlord (now functioning as a chief of his clan) chose a few of his men and dragged ShelbyCoSurname2 from his place of confinement as he protested solemnly of his innocence. He was carried to a dreary swamp a short distance south of the town, tied to a tree, and whipped until his back wore the appearance of raw beefsteak. Stripe after stripe fell upon his bare and bleeding back. ShelbyCoSurname2 was a man of iron will and strong nerve, but his resolution finally deserted him.

“He called for a drink of water, asked that a blanket might be thrown over him, and said he would confess all that he knew of the matter. He was unbound from the tree, and when he recovered, he told them that he was innocent of the theft but knew the culprit. The thief had arrived at his house the previous morning and had told him he had a fine horse for sale for $200.00. It was tied in the swamp directly south, and they could be there in an hour. But ShelbyCoSurname2 wasn’t interested and passed on the purchase. With that information, Mr. ShelbyCoSurname3 had no trouble finding and recovering his animal.

“The clan had made a sufficient display to satisfy all reasonable men that, if a thief fell into their hands, he would find himself in a very uncomfortable situation.” Such was the “extended supervisory care” in Shelby County at the time. Meanwhile, ShelbyCoSurname3 undoubtedly bought “fancy land certificates” from the landlord and became an upstanding citizen of the county. On the other hand, ShelbyCoSurname2 was never seen in Shelby County again.

There are many more tales and factual accounts in Ashcraft’s “History of Shelby County” that reflect the societal and attitudinal setting of mid 19th century Shelby County. Others will be reported in articles that follow, but you may want to read this rather short book for yourself. While I read it at the Family History Library in Salt Lake City, it may also be found on the web at http://familytreemaker.genealogy.com/users/h/o/l/Sharon-L-Holland/FILE/0001text.txt.

A History of Shelby County Written in 1850

While on a recent visit to the Family History Center in Salt Lake City, I browsed the Texas section and found a very rare book, “A History of Shelby County” by Levi Henderson Ashcraft. It was of particular interest to me, not simply because of the title but because it was dated so early in our county’s history. It had been written by an individual who personally witnessed the formative years of our county--a medical doctor who “stitched up” more than one casualty of the Regulator-Moderator War.

I later found that the book, while not published by Dr. Ashcraft, was passed on to later generations of the family and finally published as a typed transcript by William Betton Wortham in 1998. It may be found on the internet in its entirety and sometimes carries the title, “Levi Henderson Ashcraft Reminiscences” or “Thrilling Scenes in Texas.” The copy I found was called simply “A History of Shelby County, Texas.”

For the sake of clarity and brevity, my quotes from this 1850 book are freely edited. Also, it should be stated that this rather informative narrative revolves mostly around the events of the Regular-Moderator War. What captured my interest more than anything else, however, were the personality profiles of individuals, some of whom were our ancestors living in Shelby County almost two centuries ago. One such person was Jonas….

“Jonas ShelbyCoSurname1, who lived in Shelbyville, was one of those peculiar characters often found hanging near the outskirts of civilization, deriving a precarious livelihood from unknown sources. He was a born wag, and it would perhaps not be going too far to say a born knave. But there was a good humored impudence in his manner of swindling you out of occasional trifles, entirely disarming all resentment and forcing you to admire rather than to detest him. He was too lazy and indolent to be an active member of an organized band of renegades, but his lack of principles made him a fit instrument to be used by them. He was therefore elected to the honorable office of Justice of the Peace ‘in and for Shelby County.’

“One pleasant morning, as Jonas was sitting in front of the Shelby Hotel smoking his pipe and silently meditating to prepare for the onerous duties of the upcoming day in court, a lanky individual suddenly appeared before him in the street. He was dressed in a yellow coat and wore a coonskin cap tightly upon his bushy uncombed head. In his hand was a basket containing some half dozen chickens.

‘Want to buy any fowls?’ he inquired.

‘What do you ax for 'em?’ demanded Jonas.

‘Only a dollar for the lot; might cheap’.

‘Take 'em up to my house, Coonskin; then come back and I'll pay you for 'em,’ said Jonas, as he pointed him toward a dilapidated tenement fashioned of hickory poles and oak boards, just behind the row of businesses and offices in Shelbyville.

‘How do I pay for them?’ thought Jonas.

“Not letting that hinder his good fortune for long, he conceived a luminous idea as he returned down the street to his office--a little dingy 10x12’ room, furnished with a greasy oak table, one chair, and a plank supported at either end by a billet of wood, serving as a bench for jurors.

“Court opened, a few loungers dropped in, and Jonas was soon immersed in the intricacies of an important suit in which the plaintiff sought to secure from the defendant the value of a mule, which the said defendant had shot for breaking into his corn field through a fence only four rails high.

“He had not been long engaged, however, when Coonskin arrived to demand his pay for his poultry. Never awed by power, Coonskin strode up to the table, his hands deep in the recesses of his breeches pockets, and calmly confronted the man of the law.

‘Squire,’ he began, ‘I'll….’

‘I'll fine you a dollar for contempt of court,’ said Jonas in a firm voice and with a look of offended dignity.

‘Me? Fine me?’ Coonskin retorted.

‘Yes sir, you!’ said Jonas, adding still another ‘you!’ for emphasis.

“The unfortunate vendor of poultry became, for just a moment, the very picture of unalterable disgust and despair. Then quietly he retreated toward the door, never taking his eyes from the face of the imperturbable justice until he found himself once more in the open air.

Then bowing very low, he ventured to enquire, ‘Does that make us even, Squire?’

‘It does sir,’ quickly responded Jonas.

Coonskin collected himself for one last effort. ‘You may think that is fair, but if them ain't the last chickens you'll get from me, I'll be damned.’

‘Sheriff,’ said Jonas. ‘Arrest that man.’

But it was too late. The flutter of yellow coat tails quickly vanished down Shelbyville Hill.”