From the Annals of the Texas Abolitionists – In 1844, Republic of Texas president Sam Houston granted an empresario contract to Charles Fenton Mercer. The grant was notable because the former U.S. Representative from Virginia was considered an abolitionist even though he was probably more accurately characterized as a strong advocate of developing the American West for the white race and colonizing “free people of color” through emigration to Africa. After resigning from Congress to staunch the drain on his personal finances, he became interested in bringing settlers to North Texas. Mercer organized the Texas Association and quickly recruited more than 100 families as potential settlers. But Mercer’s vision never came to fruition. Texas was turning away from the empresario system and Mercer’s well-known abolitionist sentiments made the colony an issue in the abolition and annexation controversy. Mercer’s resources were further drained by court disputes over land claims. Ultimately, Mercer assigned his interest in the contract to other members of the Texas Association in return for a $2,000 annuity.
Patrick Backtracks on Open Carry
Lt. Gov. Dan Patrick has incurred the ire of some open carry supporters for his statements earlier this week seemingly discounting the possibility of passing an open carry law this legislative session.
The Austin American Statesman reports:
“Second Amendment rights are very important, but open carry has not reached the level of being prioritized at this point,” Patrick said during a Texas Tribune event Tuesday morning. “I don’t think there’s support in the Legislature to pass it.” There have not been enough votes to send an open-carry bill to the governor in past legislative sessions, he said, and this session, “I haven’t had anyone bring it up to me.”
It’s too early for an “I told you so”, but see Red’s predictions for 2015.
John Cornyn – Brilliant Cross-Examiner
Sen. Cornyn displayed why he is better suited to serving in the U.S. Senate than practicing his chosen profession of attorney in yesterday’s brilliant questioning of U.S. Attorney General nominee Loretta Lynch.
Cornyn: “Let me just stipulate, you’re not Eric Holder, are you?”
Lynch: “No, I’m not, sir.”
We learned a lot from that exchange. Move on Sen. Cornyn.
Cornyn then launched into a long, laundry list of Tea Party criticisms of Eric Holder before asking,
Cornyn: “How will you be different from Eric Holder?”
Lynch: “I will be myself, I will be Loretta Lynch.”
At least those troublesome identity questions are all cleared up.
Rick Perry – Still Indicted
State District Court Judge Bert Richardson denied Rick Perry’s request to dismiss his indictment for abuse of official capacity and coercion of a public servant. Perry’s legal team argued that the statutes under which Perry was indicted were unconstitutionally vague as applied and that the indictment on the charge of coercion failed to negate the exception for a government official acting in their official capacity. Richardson dismissed both complaints and it seems fairly clear from his opinion that Perry’s lawyers have a tenuous grasp on the ins and outs of Texas criminal procedure. The Houston Chronicle reports:
Richardson said that state law doesn’t allow him to decide at this point in the process whether the law was unconstitutionally applied to Perry, as his lawyers contend.
“Simply put, the court’s hands are tied,” Richardson wrote.
Perry’s high-profile defense team contended that the case against Perry violates his constitutional rights and his authority as governor. In a signal of the high stakes, Perry has paid them more than $1 million from his campaign fund.Perry’s team on Tuesday quickly filed notice that he will appeal the decision.
Hopefully, none of the more than $100,000 in taxpayer money that has gone to Perry’s defense was used to make the seemingly frivolous arguments made in the futile attempt to avoid a trial for the ex-Governor.
Today in Texas History – January 28
From the Annals of the Italo-Texicans – In 1836, Italian native Prospero Bernardi arrived in Texas after a voyage from New Orleans aboard the schooner Pennsylvania as part of a volunteer company raised by Captain Amasa Turner. After arriving in Texas, Bernardi enlisted in the Texas army on February 13, 1836. His most distinguished service came during the Battle of San Jacinto which secured Texas’ independence. He remained in the army until January or February 1837, when he received a medical discharge because of a spinal injury sustained during combat. Bernardi received a bounty grant and a first-class headright grant for his military service. Both grants were somehow assigned to other parties. Bernardi quickly disappeared from history. In February of 1838, two former fellow soldiers testified as to their belief that he was deceased but little else is known. A bust of Bernardi stands in front of the Hall of State at Fair Park in Dallas.
Your Texas High School Connection to Superb Owl XLIX
If you wanted to decide who will win Sunday’s Big Game by the number of former Texas high school footballers on each side of the ball, the Seahawk win by a considerable margin.
Patriots
Danny Amendola – The Woodlands HS, The Woodlands
Josh Boyce – Copperas Cove HS, Copperas Cove
Marcus Cannon – Odessa HS, Odessa
Garrett Gilbert – Lake Travis HS, Austin
Cameron Fleming – Cypress Creek HS, Cypress
Brandon LaFell – Lamar HS, Houston
Daxton Swanson – LaVega HS, Waco
Seahawks
Michael Bennet – Alief Taylor HS, Houston
Clint Gresham – Ray HS, Corpus Christi
David King – Strake Jesuit HS, Houston
Jeremy Lane – John Tyler HS, Tyler
Christine Micheal – West Brook HS, Beaumont
Kevon Milton – Canton HS, Canton
Mike Morgan – Skyline HS, Dallas
Russell Okung – Bush, Fort Bend Co.
Steve Terrell – Allen HS, Allen
Earl Thomas – West-Orange Stark, Orange
Conundrum of the Day
Why would anyone want to wear an item of clothing called a “Sweater”?
Today in Texas History – January 27
From the Annals of Crime – In 1928, Marshall Ratliff was convicted for his role in the infamous “Santa Claus Bank Robbery.” On December 23, 1927, Ratliff robbed the First National Bank in Cisco, TX, while wearing a Santa Claus outfit. Ratliff was an ex-con who had lived in Cisco before being tracked down and imprisoned for a bank robbery by Cisco Chief of Police, G.E. “Bit” Bedford. Ratliff had been paroled just before the infamous bank robbery. Ratliff enlisted two men he had met in Huntsville and a fourth man who was supposedly a good safecracker. Ratliff knew that he would be recognized in Cisco and thus, decided to conceal his identity by disguising himself as Santa Claus. For the fascinating and grisly details of the actual robbery – well, wait until Christmas time.
Dan Patrick Axes Senate Committees
New Lt. Gov. Dan Patrick trimmed down the number of Senate committees from 18 to 14 as one of his first acts to establish control of the chamber. Patrick axed panels on open government, jurisprudence, economic development and government organization.
Open Government – Clearly there is no commitment to this as Patrick will rely on a so-called citizens’ committee comprised primarily of big money Republican donors. No need for the common folk to see what is going on behind the smoke and mirrors.
Jurisprudence – Why have a committee that might actually oppose further restrictions on the rights of ordinary folks to sue?
Economic Development – Not interested in anything beyond more tax breaks for big business. No committee needed for that.
Government Organization – We want our government to be as disorganized as possible.
Superb Owl Tickets
Cheapest tickets for the Big Game on NFL Ticket Exchange are $3715. You can spend up to $14,000 if you are interested. Not. I am, however, curious how the game is going to be played in the spaceship from Close Encounters of the Third Kind while hovering over the Arizona desert.

