African-Americans at San Jacinto
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Petition for Thomas Stephens and Mack Smith
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One group that could not cite muster rolls to bolster their claims for
pensions as Texas Revolution veterans were the freemen, who had usually
served as slaves during the revolution. Many of those who applied probably
never were able to get their application beyond the county court. Even
when the application was forwarded to the state, the question of validity
remained.
Each of the men signing the petition to award Republic pensions to the
two veterans—Francis W. Johnson, William T. Austin, and Elisha Marshall
Pease—had been prominent in the Texas Revolution. and they were a continuing
force in Texas politics and public affairs. Even their intervention did
not result in the Texas legislature’s passing a special relief act for
Thomas Stephens and Mack Smith.
We have no record of a pension for Thomas Stephens, but Mack Smith eventually
did receive one. Although his service was verified by Jesse Billingsley
and Andrew Neill—both prominent commanders in the Texas Revolution, the
Comptroller Stephen H. Darden forwarded the application to the Attorney
General with the following notation: "The proof accompanying the
within application is sufficient to entitle the applicant to pension unless
the law is inapplicable to him for the reason that he was a slave at the
time the service was performed."
On June 5. 1875, Attorney General George Clark responded: "Repectfully
returned to Hon. S.H. Darden, Comptroller - If the proof is satisfactory
that the applicant did service as a soldier in the Revolution, and participated
as a soldier in any of the battle fought for independence, I do not consider
the fact of his being a slave at the time, as standing in the way of his
receiving his pension – He is certainly a "survivor" and at
the time the bounty of the State was put into operation, he was as capable
of taking, as any other citizen - The Statute makes no discrimination
as to "race, color or previous condition."
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