WRITINGS OF 5AM HOUSTON, 1860
82
They had many other interests: they owned vast acreage of lands; they held a large interest in the first bank ever established in Texas, the Com- mercial and Agricultural Bank, at Galveston; they were interested in steamship lines, and later, in the development of railroads. They placed their youngest brother, Harvey, in the bank at Galveston, as cashier to represent their interests. Thus, as a very young man, he was well trained in business principles. These brothers-all of them-from time to time interested themselves in politics, and held various civil offices. In 1860, Harvey H. Allen was the Chief Justice of Harris County. He died at Hous- ton, in 1862. We are indebted to Dr. 0. F. Allen, a son of Harvey H. Allen, for this information. Dr; Allen is now (1942) living in Austin, Texas. He was born October 27, 1851. Although ninety years of age, his mind is clear, and he is active, able to walk a mile or more at a time.
To X. B. SAUNDERSl Executive Department, Austin, June 23, 1860.
X. B. Saunders, Sir: I have the honor to acknowledge the receipt of yours of the 28th inst. As. an individual I entertain no doubt that an atrocious murder has been committed upon the individuals stated and by the parties named, and hence I require, without delay, the requisite data upon which to issue my proclamation for their arrest. A rule has existed in some of the states not to issue a proclamation for the. arrest of a party, or parties, committing a felony, unless upon evidence of an indictment being found against him or them. By reference to Oldham & White's Digest, page 456, Article 1456, you will find that I have construed and will, in this case, construe the law most rigidly against the fugitives and in behalf of the peace and safety of the community. You will find that it might be construed more strictly still, if I should deem it neces- sary for me to have a technical charge against the fugitives on which to base my proclamation. You sent no official document, but simply signatures without official character. I desire an oath, or affirmation of the facts, that I may act officially upon them. My duty is more than that of an individual, and I wish evidences to file in the Department, showing that I have neither transcended or fallen short of it. The affidavits and the seal with the attestation of the Chief Justice, I deem sufficient evidence of the facts, and upon them I will forthwith issue my proclamation for the arrest of the fugi- tives, and with a sincere desire that they may be apprehended and brought to justice.
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