“The vote started roughly for the pro-secession backers, but the momentum has clearly shifted. They’re on a roll!” said the ABC news anchor.
Several news stations split the screen with breaking news.
“It appears legendary Texas Ranger Pops Younger has arrived at the capitol grounds with dozens of Texas Rangers and state troopers,” said the Fox correspondent.
A local Austin television station managed to stick a microphone in Pops’ face as he walked by with a look of serious intent in his eyes.
“Mr. Younger, why are you here? Mr. Younger? What are these Rangers for, Mr. Younger?”
“Ma’am, we are here to see that no legislator who votes today is arrested by any federal agent or law enforcement official working for the Johnson administration.”
“You won’t allow any who voted for the referendum today to be arrested?”
Pops thought about spitting out some of his chew before he answered as he paused, but decided against it. “No, ma’am. Not here. Not on my watch.”
“Mr. Levy.”
“Remember Gov. Cooper. Yay.”
“Mr. Marquez.”
“Viva Tejas! Yay!”
“Mr. McDaniels.”
“The faith of the people of Texas stands pledged to the preservation of a republican form of government and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient. I vote yay for Texas, Mr. Speaker.”
“Mr. Oswald.”
“Give the people of Texas the right to decide themselves! Yay, Mr. Speaker!”
The roll call continued and, at one point, went through thirty-one straight voting for the referendum. Most expected the state senate would rubber-stamp the outcome of the vote, especially if it was in favor of the referendum. The Texas Senate was calmly waiting in its chamber to immediately take their vote if the referendum passed. If it passed both bodies, it would be fast-tracked and on the governor’s desk to sign by early evening.
Any drama about the outcome began to fade as the pro-independence votes continued to dominate. Before the Speaker could confirm the outcome, the news had already spread like wildfire.
“The Texas House has voted to send a secession referendum by a vote of 112-38 to voters despite President Johnson’s threat to indict them for treason!” read the headlines as they scrolled across the marquee in Times Square. “President Johnson has not issued a statement at this time,” it continued. “The Texas Senate is taking up the measure in one hour. A total of seventeen Democrats voted in favor of the referendum.”
The vote in the Texas Senate was quick. With the new lieutenant governor presiding, the referendum passed 21-10 with two Democrats voting in favor. All that was needed now was the governor’s signature.
The governor’s office was packed with news cameras and crews drawn randomly from the pool of reporters. He was flanked by Pops Younger and the leadership of the Texas Legislature. Also standing behind him were Chuck Dixon, Stan Mumford’s widow and the sheriff from Llano County, home of the Swingin’ T Ranch.
“Under the unlawful threat of arrest for trumped-up federal treason charges, this Texas Legislature has voted to send a referendum to the voters of Texas to which I will gladly affix my signature as the Governor of Texas,” announced the governor.
“This referendum is a direct result of the same type of gestapo tactics this administration has used to continue its blatant flouting of the United States Constitution. Like in any democratic society, Texans should be allowed to vote their conscience and, if this is truly a government for the people and by the people, this administration should not have any quarrel with Texans’ right of self-determination.
“I am so proud of the men and women in the Legislature who, despite these unlawful federal threats, found the duty to their fellow Texans and Texas freedom to be more important than the threats to their own personal freedom from the attorney general of the United States and this president.
“Our governor and first lady were murdered, as was our lieutenant governor, by this administration. This administration elicited help from a foreign government to invade Texas and kill Texans. This administration has enacted economic sanctions on our state by executive order. This administration has sought to do economic harm to Texas via banking, shipping and interstate commerce. It has halted federal payments for those who have earned those payments via contributions to Social Security or veterans’ benefits from their military service. It has sanctioned the IRS to terrorize independent Texas businesses and those whose political beliefs differ from the administration. This president has violated our sacred Second Amendment rights and overstepped his constitutional authority,” said the governor angrily.
“Meanwhile, this Congress has remained mostly silent and wholly inept. Despite clear indications of crimes within the administration, this Congress has done nothing to protect Americans but, more importantly, has allowed the federal government to run roughshod over their brethren in Texas.
“If this referendum is what it takes for the rest of America to wake up, so be it. My message to America is this: Texas is tired of waiting!” exclaimed the governor, pointing his finger forward as if lecturing the rest of America.
“To be clear, this referendum is a straight-up vote, yes or no, to be given the opportunity for the citizens of Texas to negotiate its independence from these United States. It is not a declaration of war as the media has portrayed. It simply allows those of us in state government to negotiate a peaceful separation if the people of Texas want independence. Once the terms of this separation are finalized, the citizens will once again have the right to vote it up or down. This is how a civilized society operates, folks.
“Before I sign this historic document, I would like to make an appeal to this president and his administration.” He paused, then continued.
“Mr. President, we have heard your threats and your saber-rattling about what could happen should this vote pass. Throughout history, it has been proven over and over again that further bloodshed is only a temporary solution to the final will of a people who demand independence on their own terms.
“I have no prediction at this time how Texans will vote; however, as in any free society, we reserve the right to be governed by the people. If the people of Texas vote to seek independence, I implore you to listen.”
Then the governor shocked everyone, including those standing beside him.
“Mr. President and my fellow Americans, I will delay signing this bill for twenty-four hours. During the next twenty-four hours, I will allow the rest of America and Congress to do the right thing.” Again, the governor paused.
The looks on the faces behind the governor’s desk said everything. They were shocked that the signature by the governor was not automatic, or that there were conditions on which he would sign.
“Congress has failed to act to preserve our sacred Constitution. I will veto this bill under one of two conditions. Either the president and his entire cabinet resign immediately, or Congress convenes in the next twenty-four hours and votes to impeach this president and assign a special independent prosecutor to investigate the attorney general, the Justice Department and Homeland Security for roles they played in the events over the last months in Texas that resulted in numerous deaths, including the deaths of Texas state officials.”
The buzz in the room was growing, and it was evident the governor had a plan of his own. Was it something that just popped into his head, or was there an underlying strategy? Those who knew Brahman knew he rarely acted spontaneously.
The world would have to wait another twenty-four hours to see if a sitting governor could call for the resignation of a United States president, or force the United States Congress to begin impeachment proceedings against a sitting president. The odds were against it, and the governor was prepared to sign the bill that would call for a special election referendum where Texans, for the first time since 1860, would vote to leave
or stay in the United States.
Chapter 43
“I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical. Unsuccessful rebellions, indeed, generally establish the encroachments on the rights of the people, which produced them. An observation of this truth should render honest republican governors so mild in their punishment of rebellions as not to discourage them too much. It is a medicine necessary for the sound health of government.”
~ Thomas Jefferson (1743-1826)
Founding Father
American Revolution Hero
Author of the Declaration of Independence
3rd U.S. President
Another damned cowboy! I’ll give these Texans credit. They definitely have a flair for the dramatic. It’s time to finally put our foot on their throats,” said President Johnson as he sat alone in the Oval Office with Avery Smith, watching the events from Austin on live TV.
“The GOP has scheduled a news conference for first thing tomorrow, Mr. President.”
“Any chance they have the votes this time?” Johnson asked Smith, referring to another run at impeachment.
“We are making calls, applying pressure. Right now, Mr. President, I would say they don’t.”
“Jamail wants arrests ahead of the referendum vote. What do you think?” asked the president.
“I think it would send a message, but we don’t want some kind of armed confrontation again at this point. I think we take whatever opportunity we can to send a message to the rest of the voters in Texas that we are serious about the treason charges.”
The president sat silently, thinking with his chin in his left hand. He loosened his tie, and propped his feet up on the famous desk. “Grab who we can and make a public spectacle out of them.”
“That should be easy enough. Who do you want? A state senator, a state rep, or an election commission official?” asked Smith.
“Any of those folks would be easy enough, right? I mean those guys aren’t going to have security details, correct?
“I doubt it. I’ll send the word. I’m sure Tibbs will be happy to hear this.”
Smith stood up from his chair facing the president’s desk, running his fingers through his sparse hair strands to comb over his mostly bald head. As customary for him, he looked like he had slept in his suit and had a couple of stains on his plaid tie.
“Sir, we need to discuss what happens if the vote goes south on us. I think you should consider that it’s conceivable that the vote passes, even though the polling is within the margin of error right now.”
“I want to respond to the governor’s demand first, Avery. Can we craft a statement to release?”
“Sure, Mr. President, but we need to determine what definitive actions we are going to recommend to your cabinet if the vote passes.”
“We will do what Lincoln did,” Johnson stated flatly.
“I agree, sir. They have gone too far. If the vote passes, it will be time to take the necessary steps. History will judge you positively for doing what you had to do to rein in a treasonous state and, like Lincoln, save the Union.”
Within an hour of their meeting, the White House released a statement to the press:
“The governor of Texas believes he can dictate to this administration, to Congress and to the American people his narrow view of the future of Texas. America will not be held hostage by an outlaw extremist right-wing governor, a governor who holds his office by appointment of the legislature and not by an election by the people of Texas.
“If, in fact, the secession referendum is put to the voters of Texas, the Justice Department is prepared to act against those who perpetrate treasonous crimes against America. The results of this referendum will not be recognized by the United States or, for that matter, any civilized society.
“The president and this administration, as well as the American people, urge the state leaders of Texas to come to their senses and sit down to work through our differences.
“We are committed to the Union of States and any unlawful attempt to separate or secede will be met with the full capabilities and resources of the United States. It would be a mistake for the governor, state legislature and those sympathetic to their intent to secede, to underestimate our perseverance in this matter.”
* * *
The national GOP leadership was in total disarray. They knew they could not muster the necessary votes for impeachment. Numerous establishment Republicans did not have the stomach for impeachment or the swing votes from the Democrats.
The Texas GOP caucuses in the House and Senate were formidable and were the backbone of the conservative movement, including Tea Party representation in Washington. If Texas was lost, the blow to the national GOP would be severe, and likely fatal for the party. The Democrats had cranked up their propaganda machine to link the Texans to the GOP “radical extreme right wing.”
Time was running out on the governor’s ultimatum. A pending referendum on Texas separation looked increasingly likely.
Less than twenty-four hours after the governor’s statement, attempts by Texas congressional members to start a vote on impeachment, which would then be tried by the Senate, failed in two attempts from the floor.
The majority Speaker of the House took the podium in the House chamber: “There will be no impeachment vote on the floor of the House against this president. The motion fails.”
Attempts to appoint a special prosecutor to investigate crimes by the administration also went nowhere.
When news of the failure on the House floor reached the governor, he didn’t flinch. Knowing that another vote would not reach the floor and that the president had no intention of resigning, the governor offered zero hesitation. Without any fanfare, he signed HB 1836 calling for a statewide referendum to vote on Texas independence.
It was now up to the people of Texas. Would the administration wait for the outcome before acting further, or would they take immediate action? Would Texans show up and vote despite the risks and, for that matter, would election officials defy the president’s warning and actually conduct the special election?
At least three major news organizations were reporting the U.S. military was mobilizing in New Mexico, Louisiana, Arkansas and the Gulf of Mexico.
The mayor of San Antonio announced he would send city police officers to shut down any polling places in the city limits. He was followed by the same type of announcement from the Houston and Austin police chiefs.
CBS News reported from a rural Wal-Mart in East Texas as the segment was reporting that Texans had begun a run on food stock staples, generators, ammunition, and even guns.
The reporter stated, “It appears that Texans are preparing for some type of event. Other than the guns and ammunition, this is the same scene we see when there is a major hurricane in the Gulf threatening the Texas coast. The only difference is it seems ammunition and firearms appear to top their lists that would normally include bottled water, flashlights, batteries and toilet paper!”
Chapter 44
“The strength and power of despotism consists wholly in the fear
of resistance.”
~ Thomas Paine
Author & American Revolution Hero
Published “Common Sense,”
Sparking the American Revolution
Dallas-based federal FBI agents arrived at the home of Texas State Rep. Daniel Barborosa in Waxahachie, southwest of Dallas. Three black SUVs pulled up in front of the small brick home. Armed agents in full tactical gear poured out of every door of the vehicles. Once some of the agents were positioned in back of the house, the rest of the group began beating on the front door.
“Rep. Barborosa, this is James Henry of the FBI. We have a warrant for your arrest. Come out now with your hands up!”
A voice came from behind the door. “Who signed the warrant?”
“Federal Judge Belinda Mastert! Come out now, sir, or we will have to enter. I’m sure
you don’t want to put your family through this.”
“What is the arrest warrant for?”
“Treason!”
“Mr. Barborosa, you…”
The same voice responded, “This is not Rep. Barborosa, sir. This is Bart Simmons, Texas Ranger. You are to vacate these premises immediately.”
By orders of Gov. Brahman, each state senator and state representative who cast a vote for the statewide referendum was assigned a Texas Ranger, just in case Tibbs tried something exactly like this. Since there were only one-hundred forty-four Rangers in total, some representatives were staying in each other’s homes to make sure they were all protected.
Surprised and taken aback, the lead FBI agent radioed back to headquarters in Dallas that the representative had a Texas Ranger in his house guarding him.
The orders from Justice were clear. They wanted a prop, a token or symbol to show they were serious about the treason charges ahead of the statewide ballot to discourage Texans from participating in the referendum.
“Mr. Texas Ranger, you are outnumbered. We have more than a dozen officers out here. Throw your weapons down now and send Barborosa out here with his hands up.”
“Ain’t happening, sir,” said Simmons with authority.
“Like I said, there are more than a dozen of us out here. You’re outnumbered. Surrender now.”
“I’d say the odds are about even then.”
The lead agent motioned for his men to bring up the tactical heavy black door ram shaped like a tube with handles used by two officers to batter a door off its hinges with one strike.
“Mr. FBI man, if you bring that thing any closer to this house, your people are going to die tonight.”
Bam! The FBI hit the door once, then twice, knocking the door inward while those behind the ram trained their guns on the entrance.
A hail of bullets came out of the house, immediately dropping two federal agents in the doorway. Agents in the back yard broke a sliding glass door and entered from the rear.
“Agent down! Agent down!” came over the agents’ radios.
A State of Treason Page 29