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{{Use American English|date=February 2025}}
{{Use mdy dates|date=April 2016}}

The '''12th Texas Legislature''' met from February 8, 1870, to December 2, 1871, in four sessions — provisional, called, regular, and adjourned. It took up a martial law bill. Republicans were in the majority or the [[Reconstruction era]] body including some African Americans.

==Senate==
There were incidents with Indian marauders and cattle thieves in Texas and on May 6, 1870, Senator [[Theodor Rudolph Hertzberg]] introduced a bill to reorganize the state militia. The bill included provisions for a unique "state guard" and for [[martial law]]. [[David Webster Flanagan]] who had for years been a staunch Radical Republican opposed the bill because of its clauses allowing Governor [[Edmund J. Davis]] to impose martial law. The cost was also the reason why some Republicans opposed the bill, but Senator [[Matthew Gaines]], an African American, believed that racism was the reason for opposition, since many of the "state guard" would be black.<ref name="spaw"/>

On May 17, at a Republican caucus, Senators [[Bolivar Jackson Pridgen]] and [[E. L. Alford]] announced their opposition to the bill and were thrown out of the meeting.<ref name="spaw">Spaw, Patsy McDonald, [https://books.google.com/books?id=9UIfOm5_9mQC&pg=PP1&dq=Patsy+McDonald+Spaw&ei=NS5PStnJF6fmygTJw6n1Ag The Texas Senate Civil War to the eve of reform 1861-1889], p. 120-125</ref> Governor Davis announced that he would veto any bills which came across his desk before his militia legislation. Flanagan then offered to support the state militia bill if Governor Davis supported a railroad bill, but Davis publicly refused.<ref name="spaw"/>

On June 16, 1870, Flanagan put forward a substitute militia bill without the martial law sections, but it failed to pass.  Senator [[Mijamin Priest]] then publicly supported a bill which had passed the house, which would have suspended the [[writ of habeas corpus]]. In a public debate on June 17, Priest said that Texas was in a state of war with Indians and bandits, insisting that "a desperate disease requires a desperate remedy."<ref name="spaw"/>

On June 21, Flanagan attempted to introduce his previous defeated bill as an alternative to the house bill which suspended the [[writ of habeas corpus]]. This motion failed. Flanagan then attempted to adjourn. According to a sworn statement by Parsons, Senator Fountain moved for a vote on the bill by roll. Thirteen Senators, [[Marmion Henry Bowers]], Flanagan, Alford, [[E. Thomas Broughton]], [[Amos Clark (Texas politician)|Amos Clark]], [[David W. Cole]], [[Ebenezer Lafayette Dohoney]], [[James Postell Douglas]], [[Andrew J. Evans]], [[Henry Russell Latimer]], [[Edward Bradford Pickett]], [[William H. Pyle]], and [[George R. Shannon]], withdrew from the chamber to prevent the presence of a quorum and to prevent passage of the bill, to a nearby Capitol committee room.<ref name="spaw"/><ref name="peggy">Fikac, Peggy, August 21, 2003, [http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=0FD1538CCF2D0E85&p_docnum=1 Senators' 1870 walkout also drew GOP's wrath Reconstruction-era tiff led to arrests and one expulsion], ''[[San Antonio Express-News]]''</ref>

The Senate rule at the time, as it is today, states that the sergeant-at-arms could be sent to arrest absent senators to secure a quorum. The Senate sergeant-at-arms was sent to retrieve them with instructions to retrieve at least four senators, the number required for a quorum. Because the senators had locked the door, the sergeant-at-arms flung himself through a committee room window despite the efforts of the Senators to close the shutter on him. The sergeant-at-arms convinced the senators to return to the chamber. The Radical Republicans then had their opponents arrested. Nine were immediately arrested, but four of the Senators remained, so the Senate could form a quorum. The Rump Senate then moved forward the militia bill. The next day, one of the Senators pleaded illness, so one of the jailed senators was released so the militia bill could be passed.<ref name="spaw"/>

The term '''Rump Senate''' is applied to the fifteen [[Radical Republican]] members of the Twelfth Texas Legislature, the term is a variation of "[[rump legislature]]".  It is the only time in history where senators were arrested under a "call of the Senate" and were then prohibited from rejoining their fellow senators and participating in Senate votes.<ref name="spaw"/>

During the confinement the Rump Senate took full advantage of their absence to pass as many of Governor Davis's bills as could be rushed through legislature.  The House bill to establish a state police was passed on June 28, 1870. The Senate confirmed [[James Davidson (Texas)|James Davidson]] as [[State adjutant general|adjutant general]] who later stole thirty thousand dollars of state money.<ref name="spaw"/>

Several senators were held under arrest for three weeks while the Rump Senate passed the legislation and began hearings against the senators for not only walking out of the chamber, but for other allegations, including bribery for Senate votes. Flanagan, who was responsible for most of the incident, was too powerful a figure to be penalized. But Senator [[E.L. Alford]] of [[La Grange, Texas|La Grange]] lost his Senate seat after an investigatory committee ruled that he "did, in contempt of the Senate, violently resist said arrest, and did forcibly close the shutters, and did refuse to submit to said arrest by the Sergeant-at-arms."<ref name="spaw"/><ref>[http://www.tshaonline.org/handbook/online/articles/mkr01 Rump Senate] The Handbook of Texas Online</ref>

As soon as he was released from jail, Alford continued to take his seat in the Senate, and even after the special election, refused to give up his seat. [[Reinhard Hillebrand]], his elected replacement, had to wait in the wings.<ref name="spaw"/><ref name="peggy"/>

==Sessions==
* '''12th Provisional session:''' February 8–24, 1870
: Legislative members eligible to take the qualifying oath were required to convene February 8, 1870, to ratify the [[Fourteenth Amendment to the United States Constitution|Fourteenth]] and [[Fifteenth Amendment to the United States Constitution|Fifteenth Amendment]]s to the [[United States Constitution]] in order for Texas to be readmitted to the [[United States|Union]], and to elect two [[United States Senate|U.S. Senators]]. Both houses of the legislature were required to adjourn daily until all members had qualified.
* '''12th Called session:''' April 26–August 15, 1870
* '''12th Regular session:''' January 10–May 31, 1871
* '''12th Adjourned session:''' September 12–December 2, 1871

==Party summary==
{{Empty section|date=July 2010}}

==Officers==

===Senate===
; Lieutenant Governor: [[James W. Flanagan]] (Provisional) {{Ref|Flanagan}}
; President ''pro tempore'' (Lieutenant Governor ''ex officio'')
: [[Donald Campbell (Texas politician)|Donald Campbell]], Republican, Called Session, Regular Session
: [[David Webster Flanagan]], Republican, Adjourned Session
: [[Albert Jennings Fountain]], Republican, Adjourned Session
: [[David Webster Flanagan]], Republican, Adjourned Session

{{note|Flanagan}} Flanagan was elected [[Lieutenant Governor of Texas|Lieutenant Governor]] in 1869. He was declared "Provisional Lieutenant Governor" by Special Order No. 6, Fifth Military District, on January 8, 1870, and presided over the Provisional session of the Senate. During that session, he was elected to the [[United States Senate|U.S. Senate]] and was never sworn in as Lieutenant Governor.

===House of Representatives===
; Speaker of the House
: [[Ira Hobart Evans]], Republican, 1870–1871
: [[William Henry Sinclair (Texas politician)|William Henry Sinclair]], Republican, 1871–1873

==Members==
Members of the Twelfth Texas Legislature at the beginning of the provisional session, February 8, 1870:

===Senate===
{|class="wikitable sortable"
|-
!District!!Senator !!Party!! class="unsortable"| Took office
|- 
! [[Texas Senate, District 1|1]]
|[[Edward Bradford Pickett|Pickett, Edward Bradford]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 2|2]]
|[[Amos Clark (Texas politician)|Clark, Amos]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 3|3]]
|[[Mijamin Priest|Priest, Mijamin]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 4|4]]
| [[E. Pettit|Pettit, E.]]{{Ref|sd4}}
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 5|5]]
|[[David Webster Flanagan|Flanagan, David Webster]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 6|6]]
|[[James Postell Douglas|Douglas, James Postell]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 7|7]]
|[[Henry Rawson|Rawson, Henry]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 8|8]]
|[[Donald Campbell (Texas politician)|Campbell, Donald]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 9|9]]
|[[Henry Russell Latimer|Latimer, Henry Russell]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 10|10]]
|[[David W. Cole|Cole, David W.]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 11|11]]
|[[Ebenezer Lafayette Dohoney|Dohoney, Ebenezer Lafayette]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 12|12]]
|[[George Thompson Ruby|Ruby, George Thompson]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 13|13]]
|[[John G. Bell (politician)|Bell, John G.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 14|14]]
|[[William Henry Parsons (colonel)|Parsons, William Henry]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 15|15]]
|[[John S. Mills (politician)|Mills, John S.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 16|16]]
|[[Matthew Gaines|Gaines, Matthew]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 17|17]]
|[[William A. Saylor|Saylor, William A.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 18|18]]
|[[Phidello W. Hall|Hall, Phidello W.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 19|19]]
|[[Andrew J. Evans|Evans, Andrew J.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 20|20]]
|[[William H. Pyle|Pyle, William H.]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 21|21]]
| [[Samuel Evans (Texas politician)|Samuel Evans]]{{Ref|sd21}}
| {{Party shading/Democratic}} | Democratic{{efn|name="independent"|Listed without party affiliation in the 12th legislature, later identified as a Democrat.}}
| 1870
|-
! [[Texas Senate, District 22|22]]
| [[E. Thomas Broughton|Broughton, E. Thomas]]
| {{Party shading/Democratic}} | Democratic{{efn|name="independent"}}
| 1870
|-
! [[Texas Senate, District 23|23]]
|[[George R. Shannon|Shannon, George R.]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 24|24]]
|[[Bolivar Jackson Pridgen|Pridgen, Bolivar Jackson]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 25|25]]
|[[Abner K. Foster|Foster, Abner K.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 26|26]]
| [[E. L. Alford|Alford, E. L.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 27|27]]
|[[Thomas H. Baker|Baker, Thomas H.]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 28|28]]
|[[Marmion Henry Bowers|Bowers, Marmion Henry]]
| {{Party shading/Democratic}} | Democratic
| 1870
|-
! [[Texas Senate, District 29|29]]
|[[Theodor Rudolph Hertzberg|Hertzberg, Theodor Rudolph]]
| {{Party shading/Republican}} | Republican
| 1870
|-
! [[Texas Senate, District 30|30]]
|[[Albert Jennings Fountain|Fountain, Albert Jennings]]
| {{Party shading/Republican}} | Republican
| 1870
|}

* {{note|sd4}} Petit did not attend the Provisional Session. He was sworn in on February 26, 1870, at the beginning of the Called Session.
* {{note|sd21}} Evans refused to qualify on February 8, 1870, but did qualify and was sworn in on February 10, 1870.

===House of Representatives===
{{Expand list|date=August 2008}}
{{col-begin}}
{{col-2}}
* [[Jo Abbott|Joseph Abbott]]
* [[Richard Allen (Texas politician)|Richard Allen]]
* [[James Buckner Barry]]
* [[D. W. Burley]]
* [[James Reid Cole]]
* [[Giles Cotton]]
* [[J. Goldsteen Dupree]]
* [[Ira Hobart Evans]]
* [[Francis Gray Franks]]
* [[Jeremiah J. Hamilton]]
* [[Gustav Hoffmann]]
{{col-2}}
* [[Orlando Newton Hollingsworth]]
* [[Mitchell Kendall]]
* [[Fergus Kyle]]
* [[David Medlock]]
* [[John Mitchell (Texas politician)|John Mitchell]]
* [[Henry Moore (Texas politician)|Henry Moore]]
* [[Shepherd Mullens]]
* [[Henry Phelps (politician)|Henry Phelps]]
* [[Julius Schuetze]]
* [[William Sheriff]] 
* [[William Henry Sinclair (Texas politician)|William Henry Sinclair]]
* [[William F. Schlottmann]]
* [[Benjamin Franklin Williams]]
* [[Richard Williams (Texas politician)|Richard Williams]]
{{col-end}}

==Membership changes==
<!-- SORTED BY DISTRICT-->
{| class="wikitable"
|-  style="text-align:center; background:#ccc; vertical-align:bottom;"
! District
! Outgoing<br>Senator
! style="width:50%;"| Reason for Vacancy
! Successor
! style="width:15%;"| Date of Successor's Installation
|-
! [[Texas Senate, District 2|District 2]]
| {{party shading/Democratic}} | [[Amos Clark (Texas politician)|Amos Clark]] (D)
| Clark died February 18, 1871
| {{party shading/Democratic}} | [[William H. Swift]] (D){{Ref|d2}}
| after October 6, 1871
|-
! [[Texas Senate, District 3|District 3]]
| {{party shading/Republican}} | [[Mijamin Priest]] (R)
| Priest resigned August 15, 1870
| {{party shading/Democratic}} | [[James Eldrage Dillard]] (D){{Ref|d3a}}
| January 10, 1871
|-
! [[Texas Senate, District 3|District 3]]
| {{party shading/Democratic}} | [[James Eldrage Dillard]] (D)
| Dillard declared ineligible April 10, 1871
| {{party shading/Democratic}} | [[James Eldrage Dillard]] (D){{Ref|d3b}}
| October 31, 1871
|-
! [[Texas Senate, District 14|District 14]]
| {{party shading/Republican}} | [[William Henry Parsons (colonel)|William Henry Parsons]] (R)
| Parsons resigned December 4, 1871.
| ''Vacant''
| 
|-
! [[Texas Senate, District 19|District 19]]
| {{party shading/Republican}} | [[Andrew J. Evans]] (R)
| Evans unseated in election contest February 18, 1870.
| {{party shading/Republican}} | [[S. W. Ford]] (R)
| February 18, 1870
|-
! [[Texas Senate, District 25|District 25]]
| {{party shading/Republican}} | [[Abner K. Foster]] (R)
| Foster died March 9, 1870.
| {{party shading/Republican}} | [[Robert P. Tendick]] (R)
| January 10, 1871
|-
! [[Texas Senate, District 26|District 26]]
| {{party shading/Republican}} | [[E. L. Alford]] (R)
| Alford was expelled for resisting arrest during the call of the session.
| {{party shading/Republican}} | [[Reinhard Hillebrand]] (R){{Ref|d26}}
| February 17, 1871
|-
! [[Texas Senate, District 29|District 29]]
| {{party shading/Republican}} | [[Theodor Rudolph Hertzberg]] (R)
| Hertzberg resigned December 2, 1871.
| ''Vacant''
| 
|}

* {{note|d2}} '''[[Texas Senate, District 2|District 2]]:''' Swift elected in special election October 3–6, 1871.
* {{note|d3a}} '''[[Texas Senate, District 3|District 3]]:''' Dillard elected in special election November 28–December 1, 1870.
* {{note|d3a}} '''[[Texas Senate, District 3|District 3]]:''' Dillard reelected in special election October 3–6, 1871.
* {{note|d26}} '''[[Texas Senate, District 26|District 26]]:''' Hillebrand elected in special election November 28–December 1, 1870.

==See also==
*[[Rump legislature]]

== Footnotes ==
<references group="lower-alpha" />
==Notes==
<references/>

==External links==
{{TexasLegislatureLinks}}

{{TexasLegislatures}}

[[Category:Texas legislative sessions|12 Texas Legislature]]
[[Category:1870 in Texas]]
[[Category:1871 in Texas]]
[[Category:Texas Senate]]
[[Category:1870 U.S. legislative sessions]]
[[Category:1871 U.S. legislative sessions]]